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A28290 An historical account of making the penal laws by the papists against the Protestants, and by the Protestants against the papists wherein the true ground and reason of making the laws is given, the papists most barbarous usuage [sic] of the Protestants here in England under a colour of law set forth, and the Reformation vindicated from the imputation of being cruel and bloody, unjustly cast upon it by those of the Romish Communion / by Samuel Blackerby ... Blackerby, Samuel, d. 1714. 1689 (1689) Wing B3069; ESTC R18715 230,149 164

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submit themselves to the Romish Bishops and Prelates and the Histories of those times acquaint us that they were the Professors of the true Religion afterwards called Protestants By Colour of this supposed Act certain persons that held that Images were not to be worshipped Co. Inst 3 d. fol. 40. and such like Doctrines which the Protestants now hold were detained and tormented in Prison till they were compelled before the Masters of Divinity as they called themselves to take an Oath and did swear to worship Images which was against the Moral and Eternal Law of Almighty God. This these Popish Bishops and Prelates did by vertue of this Law which indeed was none for it was onely signed by the King at the instance of the Bishops and Prelates and never assented to by the Commons and therefore in the next Parliament the Commons preferred a Bill reciting the said supposed Act and constantly affirmed that they never assented thereunto and therefore desired that the same might be made void for they protested that it was never their intent to be justified and to bind themselves and their Successors to the Prelates more than their Ancestors had done in times past whereto the King gave his Royal Assent in these words y pleist au Roy. But in the Proclamation of the Acts of that Parliament Co. 12.58 and 3. Inst f. 41. which was 6. R. 2. the said Act of 6. R. 2. whereby the said supposed Act of 5. R. 2. was declared to be void is omitted and afterwards the said supposed Act of 5. R. 2. ca. 5. was continually printed and looked on as a Good Law and the said Act of 6. R. 2. was by the Prelates from time to time kept from the Print Such pious Frauds have been always practised by the Popish Clergy and always found necessary for the supporting of the credit of that Church CHAP. II. Hen. IV. THe Rage of the Popish Clergy against the Wicklivites or Professors of the true Religion increasing with the increase of the light of the Gospel and they fearing that the said contrivance might be detected to the end that they might be yet more able effectually if it were possible to suppress the truth when they had requited R. 2. for granting them that supposed Law with deposing him and assisting H. 4. to usurp the Crown they in the 2 d. H. 4. apply themselves to him for a further Law for the preservation of the Catholick Faith as they called it against Christ's true Religion by them miscalled Heresie and he in gratitude to them in assisting him in his coming to the Crown granted them a Law to their Hearts content which follows as it is printed in Rastal 's Statutes in these words Whereas it is shewed to our Soveraign Lord the King on the behalf of the Prelates and Clergy of this Realm of England in this present Parliament 2 H. 4. ca. 15. Rast Stat. f. 180. By this Law the Professors of the true Religion were to be burnt as Hereticks that although the Catholick Faith builded upon Christ and by his Apostles and the holy Church sufficiently determined declared and approved hath been hitherto by good and holy and most noble Progenitors of our Soveraign Lord the King in the said Realm amongst all the Realms of the World most devoutly observed and the Church of England by his said most noble Progenitors and Ancestors to the honour of God and of the whole Realm aforesaid laudably endowed and in her Rights and Liberties sustained without that that the same Faith or the said Church was hurt or grievously oppressed or else perturbed by any perverse Doctrine or Wicked Heretical or Erronious Opinions Yet nevertheless divers false and perverse people of a certain new Sect of the Faith of the Sacraments of the Church and the Authority of the same damnably thinking and against the Law of God and of the Church usurping the Office of Preaching do perversly and malitiously in divers places within the said Realm under the colour of dissembled Holiness preach and teach these dayes openly and privily divers new Doctrines and wicked heretical and eronious Opinions contrary to the same Faith and blessed determinations of the Holy Church And of such Sect and wicked Doctrine and Opinions they make unlawful Conventicles and Confederacies they hold and exercise Schools they make and write Books they do wickedly instruct and informe people and as much as they may excite and stir them to Sedition and Insurrection and maketh great strife and division among the people and other Enormities horribly to be heard daily do perpetrate and commit in subversion of the said Catholick Faith and Doctrine of the Holy Church in diminution of God's Honour and also in destruction of the Estates Rights and Liberties of the said Church of England by which Sect and wicked and false Preachings Doctrines and Opinions of the said false and perverse people not only most greatest peril of the Souls but also many other harts flanders and perils which God prohibit might come to this Realm unless it be the more plentifully and speedily holpen by the King's Majesty in this behalf namely whereas the Diocesans of the said Realm cannot by their Iurisdiction Spiritual without aid of the said Royal Majesty sufficiently correct the said false and perverse people nor refrain their malice because the said false and perverse people do go from Diocess to Diocess and will not appear before the said Diocesans but the same Diocesans and their Iurisdiction Spiritual and the Keys of the Church with the Censures of the same do utterly contemn and despise and so their wicked Preachings and Doctrines doth from day to day continue and exercise to the hatred of Right and Reason and utter destruction of Order and good Rule Vpon which Novelties and Excesses above rehersed the Prelates and Clergy aforesaid and also the Commons of the said Realm being in the said Parliament praying our Soveraign Lord the King that his Royal Highness would vouchsafe in the said Parliament to provide a convenient Remedy The same our Soveraign Lord the King gratiously considering the premises and also the laudable steps of his said most noble Progenitors and Ancestors for the conservation of the said Catholick Faith and sustentation of God's Honour and also the safeguard of the Estates Rights and Liberties of the said Church of England to the laud of God and merit of our said Soveraign Lord the King and prosperity and honour of all the said Realm and for the eschewing of such Dissentions divisions hurts slanders and perils in time to come and that this wicked Sect preachings doctrines and Opinions should from henceforth cease and be utterly destroyed by the assent of the States and other discreet men of the Realm being in the said Parliament hath Granted Established and Ordained from henceforth and firmly to be observed That none within the said Realm or any other Dominions subject to his Royal Majesty presume to preach openly
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
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 Commissioner of Sewers and a Deputy Lieutenant within the East Riding of York-shire His Lordship is presented to be a popish Recusant and his Indictment removed into the Kings-Bench and his Wife Mother and the greatest part of his Family are popish Recusants and some of them Convicted William Lord Eure in Commission for the Sewers in the East Riding a Convict Popish Recusant Henry Lord Abergaveeny John Lord Tenham Edward Lord Wotton in Commission for Sewers justly suspected for Popery Henry Lord Morley Commissioner for Sewers in Com. Lanc. himself suspected and his Wife a Recusant John Lord Mordant Commissioner of the Peace Sewers and Subsidy in Com. Northampton John Lord St. John of Basing Captain of Lidley Castle in Southampton indicted for a Popish Recusant Em. Lord Scroop Lord President of His Majesties Councel in the North Lord Lieutenant of the County and City of York and Comd. Eborac villae Kingston super Hull presented the last time and continuing still to give Suspicion of his ill affection in Religion 1. By never coming to the Cathedral Church upon those days wherein former Presidents have been accustomed 2. By never receiving the Sacrament upon Common days as other Presidents were accustomed but publickly departing out of the Church with his Servants upon those days when the rest of the Council Lord Mayor and Aldermen do receive 3. By never or very seldom repairing to the Fasts but often publickly riding abroad with his Hawks on those days 4. By causing such as are known to be firm on those days in the Religion Established to be left out of Commission which is instanced in Henry Alured Esq by his Lordships procurement put out of the Commission of Sewers or else from keeping them from Executing their places which is instanced in Dr. Hudson Doctor in Divinity to whom his Lordship hath refused to give the Oath being appointed 5. By putting divers other ill-affected Persons in Commission of the Councel of Oyer and Terminer and of the Sewers and in other places of Trust contrary to His Majesties Gracious Answer to the late Parliament 6. In October last 1625. being certified of divers Spanish Ships of War upon the Coasts of Sch●●borough his Lordship went thither and took with him the Lord Dunbar Sir Thomas Metham and William Alford and lay at the House of the Lord Eury whom he knew to be a convict Recusant and did notwithstanding refuse to disarm him although he had received Letters from the Lords of the Council to that effect And did likewise refuse to shew the Commissioners who were to be employed for disarming of Popish Recusants the Original Letters of the Privy Council or to deliver them any Copies as they desired and as his Predecessors in that place were wont to do 7. By giving Order to the Lord Dunbar Sir William Wetham and Sir William Alford to view the Forts and store of Munition in the Town of Kingston upon Hull who made one Kerton a convict Recusant and suspected to be a Priest their Clerk in that Service 8. By denying to accept a Plea tendered according to the Law by Sir William Hilliard Defendant against Isabel Simpson Plantiff in an Action of Trover that she was a convict Popish Recusant and forcing him to pay Costs 9. By the great increase of Recusants since his Lordships coming to that Government in January 1619. It appearing by the Record of the Sessions that there are in the East Riding only one Thousand six Hundred and Seventy more convicted then were before which is conceived to be an effect of his favour and countenance towards them William Langdale Esq convicted of Popish Recusancy Jordan Metham Henry Holm Michael Partington Esquires George Creswel Thomas Danby Commissioners of the Sewers and put in Commission by procurement of the Lord Scroop Lord President of the North and who have all Popish Recusants to their Wives Ralph Bridgman a Non-Communicant Nicholas Girlington whose Wife comes seldom to Church Sir Marmaduke Wycel Knight and Baronet presented the last Parliament his Wife being a convict Popish Recusant and still continuing so Sir Thomas Metham Knight Deputy-Lieutenant made by the Lord Scroop in Commission of the Council of the North and of Oyer and Terminer and other Commissions of Trust all by procurement of the said Lord president since the Kings Answer never known to have received the Communion his two only Daughters brought up to be Popish and one of them lately Married to Thomas Doleman Esq a Popish Recusant Anthony Vicount Mountague in Commission of the Sewers in Com. Sussex his Lordship a Recusant Papist Sir William Wray Knight Deputy-Lieutenant Collonel to a Regiment his Wife a Recusant Sir Edward Musgrave Sir Thomas Lampleigh Justices of Peace and Quorum Sir Thomas Savage Deputy-Lieutenant and Justice of Peace his Wife and Children Recusants Sir Edward Egerton a Non-Communicant Thomas Savage Esq a Deputy-Lieutenant a Recusant and his Wife Indicted and presented William Whimore Commissioner of the Subsidy his Daughter and many of his Servants Recusants Sir William Massie Commissioner for the Subsidy his Lady Indicted for Recusancy and his Children Papists Sir William Courtney Knight Vice-Warden of the Stannery and Deputy-Lieutenant a Popish Recusant Sir Thomas Ridley Knight Justice of the Peace his Wife a Popish Recusant and Eldest Son. Sir Ralph Conyers Knight Justice of Peace his Wife a Popish Recusant James Lawson Esq a Justice of Peace and one of the Captains of the Trained-Bands his Children Popish Recusants and Servants Non-Communicants Sir John Shelley Knight and Baronet a Recusant William Scot Esq a Recusant John Finch Esq not convicted but comes not to Church in Commission of the Sewers These are all Convicted Recusants or suspected of Popery Sir William Mullineux Deputy-Lieutenant and Justice of Peace his Wife a Recusant Sir Richard Houghton Knight Deputy-Lieutenant his Wife and some of his Daughters Recusants Sir William Norris Captain of the General Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant James Anderton Esq Justice of Peace and one of his Majesties Receivers his Wife a Non-Communicant his Son and Heir a great Recusant and himself suspected Edward Rigby Esq Clerk of the Crown Justice of Peace himself a good Communicant but his Wife and Daughters Popish Recusants Edward Creswel Esq Justice of Peace his Wife a Popish Recusant John Parker Gentleman Muster Master for the County suspected for a Popish Recusant George Ireland Esq Justice of Peace his Wife a Popish Recusant John Preston Esq Bow-bearer for his Majesty in Westmoreland Forrest a Recusant Thomas Covil Esq Jaylor Justice of the Peace and Quorum his Daughter a Recusant Married Sir Cutbbert Halsal Justice of Peace his Wife a Recusant Richard Sherburn Esq Justice of Peace himself Non-resident his Wife and Son Recusants Sir George Hennage Knight Sir Francis Metcalf Knight Robert Thorold Esq Anthony Munson Esq William Dallison Esq in Commission of the Sewers and are justly suspected for Popish Recusants Sir Henry
Reputation with them and to become a perfect Favourite he sets himself all he could to Persecute the Catholick Religion and to oppose the French. To shew his Zeal against the first he revived some old dormant Orders for prohibiting Roman Catholicks to appear before the King and put them in Execution at his first coming into his Office of Lord Chamberlain And to make sure work with the Second as he thought prevailed with the King to give him and the Earl of Ossery who married two Sisters of Myne Heere Odyke's leave to go over into Holland with the said Heere to make a Visit as they pretended to their Relations But indeed and in truth to propose the Lady Mary eldest Daughter of his Royal H. as a Match for the Prince of Orange not only without the Consent but against the good liking of his R. H. Insomuch that the Lord Arlington's Creatures were forced to excuse him with a Distinction that the said Lady was not to be looked upon as the Dukes Daughter but as the Kings and a Child of the State was and so the Dukes Consent not much to be considered in the disposal of her but only the interest of State. By this he intended to render himself the Darling of Parliament and Protestants who look'd upon themselves as secured in their Religion by such an Alliance and design'd further to draw us into a close Conjunction with Holland and the Enemies of France The Lord Arlington set forth upon this Errand the 10 th of November 1674 and returned not till the 6 th of January following During his absence the Lord Treasurer Lord Keeper and the Duke of Lauderdale who were the only Ministers of any considerable Credit with the King and who all pretended to be entirely united to the Duke declaimed loudly and with great violence against the said Lord and his Actions in Holland And did hope in his absence to have totally supplanted him and to have routed him out of the Kings favour And after that thought they might easily enough have dealt with the Parliament But none of them had Courage enough to speak against the Parliament till they could get rid of him For fear they should not succeed and that the Parliament would Sit in spight of them and come to hear that they had used their endeavours against it Which would have been so unpardonable a Crime with our Omnipotent Parliament that no Power could have been able to have saved them from Punishment But they finding at his Return that they could not prevail against him by such Means and Arts as they had then tryed resolved upon new Councels Which were to out-run him in his own Course Which accordingly they undertook and became as fierce Apostles and as Zealous for Protestant Religion and against Popery as ever my Lord Arlington had been before them and in pursuance thereof persuaded the King to issue out those severe Orders and Proclamations against Catholicks which came out in February last By which they did as much as in them lay to extirpate all Catholicks and Catholick Religion out of the Kingdom Which Councels were in my poor Opinion so detestable being levelled as they must needs be so directly against the Duke by People which he had advanced and who had professed so much Duty and Service to him that we were put upon new thoughts how to save his R. H. now from the deceits and snares of those Men upon whom we formerly depended We saw well enough that their Design was to make themselves as grateful as they could to the Parliament if it must Sit they thinking nothing so acceptable to them as the Persecution of Popery And yet they were so obnoxious to the Parliaments displeasure in General that they would have been glad of any Expedient to have kept it off Though they durst not engage against it openly themselves but thought this Device of theirs might serve for their purposes hoping the Duke would be so alarm'd at their Proceedings and by his being left by every Body that he would be much more afraid of the Parliament than ever and would use his utmost power to prevent its Sitting Which they doubted not but he would endeavour And they were ready enough to work underhand too for him for their own sakes not his in order thereunto but durst not appear openly And to encourage the Duke the more to endeavour the Dissolution of the Parliament their Creatures used to say up and down That this Rigour against the Catholicks was in favour of the Duke and to make a Dissolution of the Parliament more easie which they knew he coveted by obviating one great Objection which was commonly made against it which was That if the Parliament should be Dissolved it would be said That it was done in favour of Popery Which Clamour they had prevented before hand by the Severity they had used against it Assoon as we saw these Tricks put upon us we plainly saw what Men we had to deal withal and what we had to trust to if we were wholly at their mercy But yet durst not seem so dissatisfyed as really we were but rather magnified the Contrivance as a Device of great Cunning and Skill All this we did purely to hold them in a belief that we would endeavour to dissolve the Parliament and that they might rely upon his R. H. for that which we knew they long'd for and were afraid they might do some other way if they discovered that we were resolved we would not At length when he saw the Sessions secured we declared that we were for the Parliaments meeting as indeed we were from the moment we saw our selves handled by all the Kings Ministers at such a Rate that we had reason to believe they would Sacrifice France Religion and his R. H. too to their own Interest if occasion served And that they were led to believe that that was the only way they had to save themselves at that time For we saw no Expedient fit to stop them in their Carreer of Persecution and those other destructive Councels but the Parliament Which had set it self a long time to dislike every thing the Ministers had done and had appeared violently against Popery whilst the Court seem'd to favour it And therefore we were Confident that the Ministers having turned their Faces the Parliament would do so too and still be against them And be as little for Persecution then as they had been for Popery before This I undertook to mannage for the Duke and the King of France's interest And assured Monsieur Rouvigny which I am sure he will testifie if occasion serves that that Sessions should do neither of them any hurt For that I was sure I had Power enough to prevent mischief though I durst not engage for any good they would do Because I had but very few Assistances to carry on the Work and wanted those Helps which others had of making Friends The Dutch and Spaniard spared no Pains or
Bangor and of Lincoln and besides the same now of late much more divers and sundry forms and fashions have been used in the Cathedral and Parish Churches of England and Wales as well concerning the Mattens or Morning Prayer and the Even-Song as concerning the Holy Communion commonly called the Mass with divers and sundry Rites and Ceremonies concerning the same and in the administration of other Sacraments in the Church and as the Doers and Executors of the said Rights and Ceremonies in other form than of late years they have been used were pleased therewith so others not using the same Rites and Ceremonies were thereby greatly offended and albeit the King's Majesty with the Advice of his most entirely beloved Vncle the Lord Protector and other of his Highness Council hath therefore divers times assayed to stay Innovations or new Rites concerning the premises yet the same hath not had such good success as his Highness required in that behalf whereupon his Highness by the most prudent advice aforesaid being pleased to bear with the frailty and weakness of his Subjects in that behalf of his great Clemency hath not been only content to abstain from punishment of those that have offended in that behalf for that his Highness taketh that they did it of a good Zeal but also to the intent an uniform quiet and Godly Order should be had concerning the premises hath appointed the Arch-Bishop of Canterbury and certain of the most learned and Discreet Bishops and other Learned Men of this Realm to consider and ponder the premises and there upon having as well eye and respect to the most sincere and pure Christian Religion taught by the Scripture as to the usages in the Primitive Church should draw and make one convenient and meet order right and fashion of Common and open Prayer and Administration of the Sacraments to be had and used in his Majesties Realm of England and in Wales the which at this time by the aid of the Holy Ghost with one Vniform Agreement is of them concluded set forth and delivered to his Highness to his great comfort and quietness of mind in a Book intituled The Book of Common-Prayer and Administration of the Sacraments and other Rites and Ceremonies after the use of the Church of England From which Preamble I observe 1 st That notwithstanding all the endeavours used by the King and his Council to stay Innovations and throughly to reform the Administration of the Sacraments of the Lord's Supper divers of his Subjects would not comply 2 dly That their non-complyance was attributed to their frailty and weakness And 3 dly that his Clemency was such towards them that he abstained from punishing them because he took it that they did it of a good Zeal This Book of Common-Prayer being compiled further to shew tenderness to the Papists it was Enacted That all and singular person and persons that had offended concerning the premises other then such person and persons as were then in the Tower of London or in the Fleet should be pardoned thereof and that all and singular Ministers in any Cathedral or Parish Church or other place within this Realm of England Wales Callis and in the Marches of the same or other the King's Dominions should from and after the Feast of Pentecost then next coming be bounden to say and use the Matins Evensong celebration of the Lord's Supper commonly called the Mass and Administration of each of the Sacraments and all their common and open Prayer in such Order and Form as is before mention'd in the said Book and none other or otherwise and it was further Enacted That if any manner of Parson Vicar or other whatsoever Minister that ought or should sing or say Common-Prayer mentioned in the said Book or Minister the Sacraments should after the time therein prefixt refuse to use the said Common-Prayers or to Minister the Sacraments in such Cathedral or Parish Church or other places as he should or minister the same in such Order and Form as they be mentioned and set forth in the said Book or should use wilfully and obstinately standing in the same any other Rite Ceremony Order Form or manner of Mass openly or privily or Mattins Evensong Administration of the Sacraments or other open Prayer then is mentioned and set forth in the said Book Open Prayer in and throughout this Act is meant that Prayer which is for others to come unto or heat either in common Churches or private Chappels or Oratories commonly called the Service of the Church or should Preach Declare or speak any thing in derogation or depraving of the said Book or any thing therein contained or of any part thereof and should be thereof lawfully convicted according to the Laws of this Realm by verdict of twelve men or by his own Confession or by the notorious Evidence of the Fact should lose and forfeit to the King's Highness his Heirs and Successors for his first Offence the profits of such one of his Spiritual Benefites or Promotions as it shall please the King's Highness to Assign or appoint coming or arising in one whole year next after this Conviction And also should suffer six Months Imprisonment without Bail or Mainprize And should for his second offence suffer a years Imprisonment and be deprived ipso facto of all his Spiritual Promotions and that it should be lawful to all Patrons Donors and Grantors of all and singular the same Spiritual Promotions to present to the same any other able Clerk in like manner and form as though the Party so offending were dead And for the third offence should suffer Imprisonment during his life And that Lay persons offending in the premises should for the first offence suffer Imprisonment during six Months without Bail or Mainprize and for his second offence suffer Imprsonment during his Life And it is further thereby Enacted that if any person should in any Interludes Plays Songs Rhymes or by other open words declare or speak any thing in the derogation depraving or despising of the same Book or of any thing therein contained or any part thereof or should by open Fact Deed or by open thréatnings compel or cause or otherwise procure or Maintain any Parson Vicar or other Minister in any Cathedral or Parish Church or Chappel or in any other place to sing or to say any common or open Prayer or to Minister any Sacrament otherwise or in any other manner or form than is mentioned in the said Book or that by any of the said means shall lawfully interrupt or let any Parson Vicar or other Minister in any Cathedral or Parish Church Chappel or any other place to sing and say common and open prayer or to minister the Sacraments or any of them in such manner and form as is mentioned in the said Book they should forfeit to the King our Soveraign Lord his Heirs and Successors ten pounds for the first offence and for non-payment should suffer three months Imprisonment without
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 ●●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
then called a Puritan and Sir Walter Raleigh a States-man and Souldier and Fowlis saith troubled with no more Religion than would serve his interest and tur● The design it self Fowlis Hist. li. 10. ca. 1. f. 499 500. Bakers Chron. f. 405. VVilsons Hist f. 4. The design was to set the Crown on the Head of the Lady Arabella or to seize on the King and make him grant their desires and a Pardon to raise a Rebellion and alter Religion and Government and in order thereunto to procure aid and assistance from Foreign Princes to turn out of the Court such as they disliked and to place themselves in Offices Watson was to have been Lord Chancellor George Brook Lord Treasurer Sir Griffith Markham Secretary of State Lord Grey Master of the Horse and Earl Marshal of England for the more secure carrying on these designs Watson drew up an Oath of Secrecy which they all took But all is discovered they are Apprehended Examined and Tryed in November 1604 at their Tryal they insisted that this could not be Treason because the King was not then Crowned but this Plea was soon over-ruled and they legally Convicted of the Treason and Watson Clark and George Brook were Executed the rest finding Mercy the King being loath to soil his Throne with Blood and therefore spilt no more then was absolutely necessary The Lord Grey dyed in the Tower the last of that Line (a) Said to lose his Life to gratify Gondamor Bakers Chron. f. 516. Wilson f. 115 116 117. Raleigh was beheaded in 1618. The rest were discharged of Imprisonment but dyed miserably poor Markham and some others abroad but Cobham as we * Osborns Traditional Memoires of King James p. 12. are told in a Room ascended by a Ladder at a Poor Womans house in the Minories formerly his Landress dyed rather of Hunger than a Natural disease This Conspiracy gave occasion for the Kings looking about him and taking such measures as might secure his Person and Government against such attemps for the future and perceiving that swarms of Priests came every day over from the Foreign Seminarys he suspected some mischief was a hatching and therefore issued out his Royal Proclamation against Jesuits which I find related by Wilson in these Words Having after some time spent in setling the politick Affairs of this Realm of late bestowed no small Labour in Composing certain Differences we found among our Clergy about Rites and Ceremonies heretofore established in this Church of England King James 1st his Proclamation against Jesuits Wilsons Hist. f. 9. and reduced the same to such an Order or Form as we doubt not but every Spirit that is led only with Piety and not with Humour should be therein satisfied it appears unto us in debating these Matters that a greater Contagion to our Religion then could proceed from these light Differences was imminent by Persons common Enemies to them both Namely the great numbers of Priests both Seminaries and Jesuits abounding in this Realm as well of such as were here before our coming to the Crown as of such as have resorted hither since using their Functions and Professions with greater Liberty then heretofore they durst have done Partly upon a vain Confidence of some Innovation in Matters of Religion to be done by us which we never intended nor gave any Man cause to suspect and Partly from the assurance of our general Pardon granted according to the Custom of our Progenitors at our Coronation for Offences past in the Days of the late Queen which Pardon 's many of the said Priests have procured under our Great Seal and holding themselves thereby free from Danger of the Laws do with great Audacity Exercise all Offices of their Profession both saying Masses and perswading our Subjects from the Religion established reconciling them to the Church of Rome and by Consequence seducing them from their Duty and Obedience to us wherefore we hold our selves obliged both in Conscience and Wisdom to use all good means to keep our Subjects from being affected with superstitious Opinions which are not only pernicious to their own Souls but the ready way to corrupt their Duty and Allegiance which cannot be any way so safely performed as by keeping from them the Instruments of that infection which are Priests of all sorts ordained in Foreign parts by Authority prohibited by the Laws of the Land concerning whom we have thought fit to publish unto all our Subjects this open Declaration of our Pleasure c. Willing and Commanding all manner of Jesuits Seminaries and other publick Priests having Ordination from any Authority by the Laws of this Realm prohibited to take notice that Our Pleasure is that they do before the nineteenth of March next depart forth of Our Realm and Dominions And to that purpose it shall be Lawful for all Officers of our Ports to suffer the said Priests to depart into foreign parts between this and the said nineteenth Day of March admonishing and assuring all such Jusuits Seminaries and Priests of what sort soever that if any of them after the said time be taken within this or any of our Dominions or departing now upon this our Pleasure signified shall hereafter return into this our Realm or any of our Dominions again they shall be left to the Penalty of the Laws here being in force concerning them without hope of any Favour or Remission from us c. Which tho' perhaps it may appear to some a great Severity towards that sort of Our Subjects Yet doubt we not when it shall be be considered with indifferent Judgment what Cause hath moved us to this Providence all Men will justifie us therein for to whom is it unknown into what peril our Person was like to be drawn and our Realm into Confusion not many Months since by Conspiracy First conceived by Persons of that sort Which when other Princes shall duly observe we assure our selves they will no way conceive that this Alteration proceedeth from any Change of Disposition but out of Providence to prevent the Perils otherwise inevitable considering their absolute Submission to foreign Jurisdiction at their first taking Orders doth leave so conditional an Authority to Kings over their Subjects as the same Power by which they were made may dispense at Pleasure with the strictest bond of Loyalty and Love between a King and his People Among which foreign Powers though we acknowledge our self personally so much beholden to the now Bishop of Rome for his kind Offices and private temporal Carriages towards us in many things as we shall be ever ready to requite the same towards him as Bishop of Rome in state and condition of a Secular Prince yet when we consider and observe the Course and Claim of that See We have no reason to imagine that Princes of our Religion and Profession can expect any assurance long to continue unless it might be asserted by Mediation of other Christian Princes that some good Course might be
The Oath of Secrecy by Word or Circumstance the Matter that shall be proposed to you to keep Secret nor desist from the Execution thereof till the rest shall give you leave After this was done every Man betakes himself to the part assigned him some to provide Money other Materials and others a place to lay the Materials in The place pitched upon for placing the Materials in was Cellars under the Parliament House which Thomas Piercy had hired for that purpose the Materials were thirty six Barrels of Gun-Powder provided in Flanders carried into the Cellar from Lambeth in the Night covered over with Wood and Coals and all provided at the Charge of the English * Sr. Everard Digby 1500 l. Mr. Francis Tresham 2000. l. Piercy 4000 l. besides others Papists who promised themselves the extirpating this Northren Heresie as they called it and introducing in its Room Popish Superstition and Idolatry as we call it and the Divines of our Church have proved it to be to the Conviction of all 〈◊〉 who will not Wilfully shut their eyes against the Light. Things being thus prepared they looked upon the King and Prince Henry as already made a Sacrifice to attone the See of Rome for the revolt that England had made from her and Percy had undertaken for the slaying the Duke of York Charles the First that there might be no ingredient in the Sacrifice wanting to make it acceptable but because it was thought necessary for a Colour to their Bloody designs to preserve the Succession the Lady Elizabeth must be spared and made Queen Foulis Hist l. 10. cap. 2. f. 507. and the Odium of blowing up the Parliament cast upon the Puritans They designed the Accomplishment of this unparallel'd Cruelty on the 5 th of November 1604. when the King and both Houses of Parliament were to meet and that very day they appointed a great Hunting Match at Dunsmore Heath near Comb the Lord Harringtons House in Warwickshire where the Lady Elizabeth was upon which pretence divers Papists were to meet well Armed in order to seize and secure her with intention to marry her to a Papist and by that means to introduce Popery To carry on their Design of fixing this Plot upon the Puritans Foulis Hist l. 10. cap. 2. f. 508. they framed a Proclamation which they got printed and ready for publishing upon the Sign given which they supprest and burnt upon the Discovery though some of them by chance came to light and were seen and read by Dr. Parker Dean of Lincoln Sir William Ellis Recorder of the said City and others And that they might gain the greater Credit with the People in this Contrivance Keys Brother-in-Law to Mr. Pickering had a few days before either borrowed or bought the Swift-horse well known in London and thereabouts of Mr. Pickering of Tich March Grove in Northamptonshire a noted Puritan whom they also designed to kill upon which Faux having fired the Match and Touch-wood leading to the Train was to escape as they bore him in Hand But O Horrid Impiety their Design was to kill him as soon as he had imbrued his Hands in so much Innocent Blood just as he was to mount the Horse as being Pickerings Man which the People would easily believe seeing the Horse was so well known to them and the Multitude once perswaded of this would be more facile to joyn with them under notion of doing Justice upon such supposed Traitors and Wretches They also consulted how to keep the Romish Lords from going that Day to Parliament the better to strengthen their Cause by their Preservation But in the heighth of all their Hopes and Expectations a Discovery is made thus The Manner of the Discovery some of them supposed by Monteagle to be Piercy but Bishop * Answer to Sir Anthony VVeldon's Court of King James p. 73. M. S. Goodman saith it was Tresham who writ the Letter having a great Affection to the said Lord Monteagle Son and Heir to the Lord Morley had a mind to preserve him from the intended Slaughter So one Evening a Letter Sealed is delivered in the Street the Strand by an unknown Fellow to one of the Lords Foot-men charging him to deliver it with Care to his Lord. Monteagle opens it finds it without Date and Subscription writ with a very bad Hand and in a Stile he knew not what to make of The Letter was this My Lord OVT of the Love I bear to some of your Friends I have a care of your Preservation Foulis Hist l. 10. cap. 2. f. 508. Wilson's Hist f. 30. therefore I would advise you as you tender your Life to devise some Excuse to shift off your Attendance this Parliament for God and Man have concurred to punish the Wickedness of this time And think not slightly of this Advertisment but retire your self into your Country where you may expect the Event in Safety for though there be no Appearance of any stir yet I say they shall receive a terrible Blow this Parliament and yet they not see who hurts them This Councel is not to be contemned because it may do you good and can do you no harm for the Danger is past as soon as you have burned this Letter and I hope God will give you the Grace to make good use of it to whose Holy Protection I commend you Monteagle wondred at the Letter and its Delivery and thinking it might relate to some Mischief thought it his Duty to make it known so away he goeth to White-Hall shows it to the Earl of Salisbury then Secretary of State who tells some other of the Privy Council of it and the King being returned from his Hunting at Royston they delivered it to him His Majesty having seriously considered it and all other Circumstances concluded that it might relate to some Design to blow up the Parliament and in this Jealousie ordered the Rooms and Vaults about the House to be searched which was done the Night before the Session when in the aforesaid Cellar under the Lords House were found the Barrels of Powder and at the Door standing Guido Faux booted and Spurred with a large dark Lanthorn now to be seen in Oxford Library with Matches Tinder-Box and other Materials for his Design Faux was presently carried to Court and examined where he appeared sturdy and scornful maintaining the Design to be lawful that James was not his King because an Heretic was sorry that the Plot failed and that he had not blown up the House with himself and those that were sent to search affirming that God would have had the Plot concealed but it was the Devil who revealed it at last Faux himself confest all that he knew of the Treasons Thus far discovered the King suspecting some Commotions or Risings sent with all speed to prevent them by timely Notice by Lepton and others This was that Mr. John Lepton of Yorkshire who rid so often betwixt London and York
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 wi●●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
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 thent●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