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
in one Week viz. in May 1606 who though he won his Wager yet was a Looser never getting his Winnings Piercy Wright c. who now lurked about London to expect the fatal Blow informed of the Discovery takes Horse making what haste they can to their Companions appointed to be at the Rendezvous on Dunsmore in brief according to their Abilities they run into open Rebellion but to their own Destruction The high Sheriffs with other Magistrates and Loyal Subjects so hunting them that they were either all dispersed slain or taken and the Chief of them afterwards condemned and executed Proceedings against Garnet and his Confederates printed by Robert Barker Printeâ— to the Kings most excellent Majesty 1606. to prevent untrue and incoherent Reports and Relations of their Tryals as the Epistle to the Book informs us And for the Confirmation of the Truth of these things I shall here insert the Heads of Sir Edward Coke's Speech at the Tryal of Robert Winter and divers others for their Treason in Westminster-Hall before the Earl of Nottingham the Earl of Suffolk the Earl of Worcester the Earl of Devonshire the Earl of Northampton the Earl of Salisbury the Lord Chief Justice of England the Lord Chief Baron of the Exchequer Sir Peter Warburton Knight one of the Justices of the Court of Common-Pleas Lords Commissioners for that purpose On the 27 th of January 1605. were arraigned upon one Indictment Robert Winter Esq Thomas Winter Gent. Guy Fawks Gent. John Garnet Esq Ambrose Rookwood Esq Robert Keys Gent. and Thomas Bates upon another Indictment Sir Everard Digby At the Tryal of Winter and the rest upon the first Indictment * The Heads of the Speech of Sir Edward Coke at the Tryal of some of the Conspirators Sir Edward Coke than Attorney General made a very long and learned Speech wherein he first answered the Clamor that the Papists and their Adherents had then made because they were not sooner tryed Then he opened the Hainousness of the Crime in all the Aggravating Circumstances of it He said that as the Powder-Treason was of its self prodigious and unnatural so was it in its Conception and Birth most monstrous as arising out of the dead Ashes of former Treasons and then takes notice of very many if not all the Treasons before mentioned I think in this Speech and the Speech he made at Garnets Tryal all I am sure the most are taken in He then considered the Powder-Plot it self with regard to the Persons by whom the same was conspired And they were Clergy and Laity of the Roman Communion The Laity Gentlemen of good Houses of excellent Parts however most perniciously seduced abused corrupted and Jesuited of very competent Fortunes and Estates It being then said that there was never a Religious Man in the Action saith he in answer I never yet knew a Treason without a Romish Priest and names as ingaged in this Henry Garnet alias Wally the Superior of the Jesuits Legier here in England Father Creswel Legier Jesuit in Spain Father Baldwin Legier in Flanders as Parsons at Rome besides their Cursory Men as Gerrard Oswald Tesmond alias Greenway Hamond and Hall then he opened the Doctrines and Practices of the Jesuits and other Priests of the Romish Church which he proves from Simanca Creswels Philopater and other Books Then he considered the Persons against whom this Treason was conspired the King the Queen the Royal Issue Male the most honourable and prudent Councellors and all the true hearted and worthy Nobles all the Reverend and Learned Bishops all the Grave Judges and Sages of the Law all the principal Knights Citizens and Burgeesss of Parliament the Flower of the whole Realm Then he considered that this was designed notwithstanding the King had used so great Lenity toward the Papists that by the space of a whole Year and four Months he took no Penalties of them due upon the Statutes and besides this divers of the Papists were greatly preferred Then he considered the House of Parliament which they pretended they chose because there the Penal Laws were made against them which he answered by briefly showing what Laws were made against them and that their own Treasons were the true Grounds of making them Then he considered the End of this Conspiracy which was to bring a final and fatal Confusion upon the State and this is to be effected by damnable Means by mineing by thirty six Barrels of Powder having Crows of Iron Stone and Wood laid upon the Barrels to have made the Breach the greater Then he considered the Secresie of the Contrivance and Carriage of this Treason in three Respects the first that Catesby had Recommendation for a Regiment of Horse in the Low-Countries that under that Pretence he might furnish this Treason with Horse without Suspicion The Second was the Oath before mentioned The Third the Sacrament He then took notice of the admirable Discovery of this Treason and proceeded to make nine several Observations upon the whole which were these First The Mine had never been discovered had not the Cellar been hired 2. The Kings Directing the Search to be made there from those dark Words A Terrible Blow 3. Catesby Rookwood and Grants their narrow Escapes having a few Days before they were taken been in very great Danger of being blown up by Gun-powder 4. Gun-powder was the Invention of a Fryar 5. Binham was sent to the Pope to give notice of this Blow and to crave his Direction and Aid 6. Notwithstanding their rising in open Rebellion and giving out that the Catholics Throats would be cut not one Man came in to take their Parts but their own Company 7. The Sheriff immediately supprest them 8. The Discovery was made a few hours before it was to have been put in Execution 9. That there never was any Protestant Minister in any Treason and Murther that had been then attempted within the Realm Then he compared this Plot with that of Raleigh and Watson and Clark. 1. They had both one end 2. Both to be effected by Popish and discontented Persons Priests and Laymen 3. They all played at Hazzard the Priests were at the By Raleigh at the Main but these in at all purposing to destroy King Issue whole State. 4. All obliged by the same Oath and Sacrament 5. The same Proclamation after the Fact for Reformation of Abuses 6. The like Army provided for Invading 7. The same Pension of Crows promised 8. The Agreeing of the Times which was when the Constable of Spain was coming hither which was intended a Colour to the Invasion that it might not be suspected After Sir Edward Coke had ended his Speech The Evidence against the Traitors the Examinations of Winter and the rest subscribed by themselves were shown particularly to every one of them and acknowledged by them to be their own and true and in their Examinations every one had confest the Treason which Confessions were afterwards openly and distinctly read by
which it appeared that Bates was resolved for what he undertook in this Powder-Treason being therein warranted by the Jesuits Also that Hamond the Jesuite the 7 th of November after the Discovery confest and absolved them The Confessions of Watson and Clark Seminary Priests upon their Apprehension was also taken notice of who affirmed that there was some Treason intended by the Jesuits and then in hand After the reading their several Examinations Confessions Their Conviction Condemnation and Execution and voluntary Declarations as well of themselves as of some of their dead Confederates they were all found guilty and having nothing to say for themselves were comdemned and executed Sir Everad Digby having likewise confest the same was found guilty condemned and executed for the same Treason Garnets Arraignment Tryal and Confeson Proceedings printed in 1606. Foulis l. 10. c. 2. f. 514 517. Henry Garnet Superior of the Jesuits in England was arraigned and tryed for the same Treason on Friday the 28 th of March 1606. at Guild Hall in London before Sir Leonard Holiday Lord Mayor the Earl of Nottingham the Earl of Suffolk the Earl of Worcester the Earl of Northampton the Earl of Salisbury the Lord Chief Justice of England the Lord Chief Baron of the Exchequer Sir Christopher Yelverton Knight one of his Majesties Justices of the Kings-Bench Lords Commissioners for that purpose He was a grand Agitator in this Plot and did himself at last confess thus much That Catesby had told him of the Plot but not by way of Confession that Greenwel had told him of this not as a Fault for how could they do so that approved it as meritorious but as a thing that he had Intelligence of and told it him by way of Consultation that Catesby and Greenwel came together to him to be resolved that Tesmond and he had Conference of the Particulars of the Powder-Treason in Essex that Greenwel asked him who should be Protector Garnet said that was to be deferred till the Blow was past that he ought to have revealed it to the King that nothing deterred him from the Discovery so much as his Unwillingness to betray Catesby that he had greatly sinned against God the King and the Kingdom in not revealing it of whom he heartily begged Pardon and Forgiveness Garnet Condemned and Executed Foulis Hist lib. 10. cap. 2. f. 514. Proceedings And for this Treason he was condemned and after his Condemnation he himself said That the Sentence was justly passed on him The third of May following he was executed at the West End of St. Paul's Church-Yard where he appeared in a troubled and amazed Condition still prying and peeping about for a Pardon although Henry Montague Recorder of the City pitying his Perplexedness assured him there would be none granted And thus died this Garnet after he had confirmed the Matters contained in the Confessions of them that had been before executed by this Confession of his own And that none that are willing to receive Truth as it is which ingenuous Men always are may remain in doubt take the true reason of his Confession from himself at Foulis relates it The reason of Garnets Confession Foulis Hist lib. 10. cap. 2. f. 515. The Jesuits being not a little offended that he should any way confess himself guilty which with some might be a Blot both to himself and their Order Garnet to vindicate himself to them and to shew the Folly of denying any longer thus writes to them What should I do First of all the rest of the Confederates have accused me Secondly Catesby always made use of my Authority amongst them whereby most of them were perswaded to have a good Opinion of the Enterprize so that all knew I was in it Thirdly two set on purpose heard me discourse the whole business with Oldcorn and tell him how I thought to answer all Objections Fourthly My Letters writ with the Juice of Orange to Mrs. Anne Anne Vaux are I know not how fallen into their Hands whereby I plainly enough discovered my Knowledge of it Whence I gather that the Jesuits did sufficiently tamper with him to conceal his Guilt and that he would have concealed it if he could and all that have writ in Justification of him are sufficiently answered by his own Confession and the four Reasons above mentioned that induced him thereunto to which add his further Confession That he had often vowed both by Words and Writings to the Lay Conspirators that he would never discover or betray any of them and his acknowledging his Offence wishing it were in his Power to undo that which was done and that if the whole World were his he would willingly give it to quit himself from the Guilt of Treason which now troubled his Conscience Moreover he himself owned in a Letter to Mrs Anne Vaux That he was sorry he could not die for Religion but for Treasons These Instances are certainly sufficient to convince any unbyassed Reader but to put the Matter out of doubt and if it be possible to convince even the Papists Thuanus himself one of their own Communion Privy-Councellor to the French King and President of the Supream Senate of that Kingdom was so fully convinced of the Truth of this Conspiracy and that all the Conspirators before named were ingaged in it that he writ a most ingenuous Narrative of the whole in Latin which was in the year 1674. faithfully rendred into English and printed where the Papists that do not understand Latine may if they please receive ample Satisfaction So detestable it seems this Conspiracy was to some of the English Colledge at Rome that being informed of the Discovery of this Plot sixteen of them abhorring such jugling and bloody Designs forsook the Colledge slipt into France Translation of Thuanus f. 1. and thence some of them came into England and turned Protestants But nothing will convince some Papists for notwithstanding all the Confessions aforesaid and Convictions Foulis Hist l. 10. cap. 2. f. 510. and Executions upon those Confessions there are not a few who would perswade the World to believe that all this was but a mear Cheat a Trick of Salisbury the then Secretary And Foulis saith he once heard a Story very gravely told that one lurking under the Council-Table concealed by the long Carper heard much of the Contrivance a Tale so absurd and ridiculous that after what hath been already said to endeavour to confute it would argue more impertinence then they were guilty of who broached the Story This Conspiracy being discovered in so wonderful a manner and the Deliverance attended with so many amazing Circumstances the Parliament took the same into their Consideration and in the first place made a Law for keeping an Anniversary Day of Thanks-giving on the Fifth of November and enacted the same Law should be read in the Churches publickly upon the same Day and then made an Act for the Attainder of the Offenders Which Acts
made the Papists were ingaged in a most Horrid Plot against the Protestant Religion and the Parliament having now made this Act whereby the Papists are excluded from all Places of Profit and Trust it is not hard to believe that their Malice was thereby greatly heightned and their Rage very much increased against the Protestants and their Actings put it beyond doubt that it was so For this Act passed in the Year 1673. and then it is we find them deeply ingaged in contriving our Destruction and so inhumane were they that notwithstanding the late King Charles the Second's Kindness to them yet unless he would fully comply with them in the butchering his Protestant Subjects extirpating the Protestant Religion which they called a * Coleman's Tryal p. 69. Pestilent Heresie and the introducing of the Romish Superstition and Idolatry he must be taken out of the way to make room for one that would I confess I have met with very many that have owned the Dis-believing of any such Design but when I seriously reflect upon the Letters that were produced against Mr. Coleman and owned by himself to be his when I consider the Evidence that was given by all the Witnesses that proved the Horrid and Treasonable Popish Plot that was discovered in 1678. and the Agreement that there is in the Substance of the thing although there may be some Variations as to Circumstances when I consider the Witnesses were Strangers to one another that did so agree in their Testimony and that the Discovery was so sudden and the Witnesses came in so quick one after another after the Discovery that it is not to be presumed there could be any Subornation when I consider the Credit they had with the King himself and with four Parliaments when I consider the great Attempts notwithstanding to take the Odium off the Papists and cast it upon the Protestants when I consider the unwearied Pains taken by the Papists and some that are much worse because they espoused their Cause under a Protestant Vizar to lay the Murther of Sir Edmond-Bury-Godfrey at the Protestants Door and to wipe off the Stain thereof from the Papists when I consider the Methods that were taken in the late King James the Seconds his Reign so exactly pursuant to what was designed in case Charles the Second had fallen as was contrived * Either by Shooting Poison or Stobing the first of which Methods was by granting a general †The Declaration for Liberty of Conscience Designed to be published in case the Popish Plot had then taken effect you may find printed in Coleman's Trial p. 58. Liberty of Conscience and thereby deluding divers Protestants to serve a Popish Interest although against their Wills it is to me matter of Amazement that there should remain the least doubt of the Truth of that Plot in the Minds of any that are really Protestants especially when I consider that there wanted nothing in the late King James's Reign but a Parliament to take off the Penal Laws and Tests to bring that Popish Plot to the highest Perfection that the Papists ever designed and what Endeavors there were to obtain that is sufficiently known To run through the whole Series of that Popish Plot would be to draw out this Account of the Grounds of making the Penal Laws to a Length beyond what its Design can warrant which is the publick Good and therefore as a Confirmation of the Truth of that Plot and to refresh the Memory of those who perhaps are willing to forget it I shall here only insert Coleman's Letters as you will find them printed in his Tryal and also Bedloes Depositions as they were taken before and printed by Sir Francis North then Lord Chief Justice of the Common-Pleas and afterwards made Lord Keeper of the Great Seal of England for the good Services he had done the Crown Coleman's Letters are as followeth Mr. Coleman's First Letter SInce Father St. German has been so kind to me Coleman 's Tryal p. 44. as to recommend me to your Reverence so advantagiously as to encourage you to accept of my Correspondency I will own to him that he has done me a Favour without consulting me greater than I could have been capable of if he had advised with me because I could not then have had the Confidence to have permitted him to ask it on my Behalf And I am so sensible of the Honour you are pleased to do me that though I cannot deserve it yet to shew at least the Sense I have of it I will deal as freely and openly with you this first time as if I had had the Honour of your Acquaintance all my Life And shall make no Apology for so doing but only tell you that I know your Character perfectly well though I am not so happy as to know your Person and that I have an Opportunity of putting this Letter into the Hands of Father St. Germans Nephew for whose Integrity and Prudence he has undertaken without any sort of Hazard In order then Sir to the plainness I profess I will tell you what has formerly passed between your Reverences Predecessor Father Ferryer and my self About three Years ago when the King my Master sent a Troop of Horse Guards into his most Christian Majesties Service under the Command of my Lord Durass he sent with it an Officer called Sir William Throckmorton with whom I had a particular Intimacy and who had then very newly imbraced the Catholic Religion to him did I constantly write and by him address my self to Father Farryer The first thing of great Importance I presumed to offer him not to trouble you with lesser Matters or what passed here before and immediately after the fatal Revolution of the Kings Declaration for Liberty of Conscience to which we owe all our Miseries and Hazards was in July August and September 1673. when I constantly inculcated the great Danger the Catholic Religion and his most Christian Majesties Interest would be in at our next Sessions of Parliament which was then to be in October following at which I plainly foresaw that the King my Master would be forced to something in prejudice to his Alliance with France Which I saw so evidently and particularly that we should make Peace with Holland that I urged all the Arguments I could which to me were Demonstrations to convince your Court of that Mischief and pressed all I could to perswade his most Christian Majesty to use his utmost Endeavor to prevent that Session of our Parliament and proposed Expedients how to do it But was answered so often and so positively that his most Christian Majesty was so well assured by his Embassador here our Embassador there the Lord Arlington and even the King himself that he had no such Apprehensions at all but was fully satisfied to the contrary and looked upon what I offered as a very zealous Mistake that I was forced to give over arguing though not believing as I did
Sessions then we are now I pray God we do not loose ground By my next which will be er'e long I shall be able to tell your Reverence more particularly what we are like to expect In the mean time I most humbly beg your Holy Prayers for all our undertakings and that you will be pleased to Honour me so far as to esteem me what I am entirely and without any reserve The Examination of Capt. William Bedlow taken upon Oath before the Lord Chief Justice North at Bristol on Monday the 16th of August 1680. Bedlows Examination before the then Lord Chief Justice North taken immediately before his death THe Examinant saith that the Duke of York hath been so far engaged in the Plot as he hath seen by Letters in Cardinal Barbarines's Secretarys Study that no part hath been proved against any Man already that hath suffered but that to the full those Letters have made him guilty of it all but what tended to the Kings death And at Rome I asked Father Anderton and Father Lodge two Jesuites what would the Duke do with his Brother when he was King and they answered me they would find a means for that they would give him no trouble about it Then I told them I believed the Duke loved his Brother so well he would suffer no violence to be done to him they said no if the Duke could be brought to that as he had been Religiously to every thing else they might do their work their other business was ready and they might do it presently But they knew they could not bring him to that point but they would take care for that themselves they had not begun with him to leave him in such scruples as that But they would set him in his Throne and there he should reign blindfold three or four days * * According to the old Game the Protestants must hear the odium of the Papists villanies for they had settled some they should pitch the action upon should clear their Party And then he should fly upon them with the Sword of Revenge And this Examinant doth further adds that the Queen is not to this Examinants knowledge nor by any thing that he could ever find out any way concerned in the Murther of the King But barely by her Letters consenting and promising to contribute what Money she could to the introducing the Catholic Religion nay 't was a great while and it made her weep before she could be brought to that The Narrative of Sir Francis North Lord Chief Justice of the Common-Pleas at the Council-board AT my first coming to Mr. Rumsey's House where I was to Lodge at Bristol upon Monday the 16th day of August in the Afternoon being the first day of the Assizes Sir John Knight came to me and said That Mr. Bedlow lay dangerously ill of a Fever and had little hopes of Life and desired that I would give him a Visit that he might impart something of great consequence to me before his death I told him I would give him a Visit that Night after Supper about Nine a Clock if I might be satisfied of two things first that there was no infection in his distemper Secondly that the time would not be inconvenient but he might discourse to me without prejudice to his Condition After a little while two Physitians came to me and assured me that there was no danger of Infection and that the time I had appointed would be most proper for commonly he took his repose in the Afternoon and at nine a Clock he would in all probability be refreshed and fit to Discourse with me thereupon I declared my resolution of going and desired the company of the two Sheriffs and my Brother Roger North and appointed my Marshal William Janes to go with me to him As we were upon the way Mr. Crossman a Minister in that City told me Mr. Bedlow had desired him to come with me to him I said it was very well and I should be glad of his Company whereupon we went altogether and being come into the Room where Mr. Bedlow lay I saluted him and said I was extream sorry to find him so ill I came to visit him upon his own desires I did imagine he had something to impart to me as a Privy Counsellor and therefore if he thought fit the Company might withdraw He told me that needed not yet for he had much to say which was proper for the Company to hear and having saluted the Sheriffs and Mr. Crossman he discoursed to this purpose That he looked upon himself as a dying man and found within himself that he could not last long but must shortly appear before the Lord of Hosts to give an account of all his actions and because many Persons had made it their business to baffle and deride the Plot he did for the satisfaction of the World there declare upon the Faith of a dying Man and as he hoped for Salvation that whatever he had testifyed concerning the Plot was true And that he had wronged no Man by his Testimony but had testifyed rather under that over what was truth That he had nothing lay upon his Conscience upon that account That he should appear chearfully before the Lord of Hosts which he did verily believe he must do in a short time He said he had many Witnesses to produce who would make the Plot as clear as the Sun and he had other things to discover which were of great importance to the King and the Country Hereupon he making some pause I told him the Plot was so evidently made out that no reasonable Man no Protestant I was sure could doubt of the Truth of it but he ought not to have concealed any thing that concerned the King so highly he ought to discover his whole knowledge in Matters of Treason that Traytors may be apprehended and secured who otherwise may have opportunity to execute their Treasonable Designs To this he reply'd that much of that which he had not discovered was to coroborate his former Testimony that he had concealed nothing that was necessary to the Kings preservation That he thought it not fit to accuse more Persons till he had ended with those whom he had already accused He expressed great grief and trouble at the the Condition of this poor King and Country so he termed them whom he knew at that time to be in eminent Danger from the Jesuites who had resolved the Kings death and he was sure they would spare him no longer then he continued to be kind to them he said he was privy to their Consultations at Salamanca and Valadolid where they used to observe the favourable Conjuncture they had to introduce their Religion into England which consisted in their having a Head he must be set up what ever came of it and if they let slip that opportunity they should never have such another for without a Head they could do nothing he said further he knew the
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 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 Barrister of Grays-Inn Summa est ratio quae pro Religione facit Co. 5.14 b. LONDON Printed for William Churchill at the Black-Lyon in St. Paul's Church-Yard and John Weld at the Crown between the Temple-Gates in Fleet-Street MDCLXXXIX Licensed By Command of the Right Honorable the Earl of Shrewsbury Principal Secretary of State. The 10 th of May 1689. JA. VERNON To the Right Honorable CHARLES EARL of MONMOUTH VISCOUNT MORDANT OF AVILAND BARON of RIGATE ONE of their MAJESTIES most Honorable PRIVY-COUNCIL And the FIRST of the LORDS COMMISSIONERS Of their MAJESTIES TREASURY c. This Historical Account of making these Penal Laws is most humbly Dedicated by the Author His Lordships Most Humble and most Obedient Servant AN HISTORICAL ACCOUNT Of making the Penal Laws By the Papists against the Protestants and by the Protestants against the Papists CHAP. I. Rich. II. BY the 1 Mirror of Justices f. 152. Common Law of England the punishment of Heresie was burning the Heretick by vertue of the Writ de Haeretico comburendo 2 Fitz. Natur. Brev. f. 269. which was first to issue What was accounted Heresie before the time of Ed. the 3 d I shall not enquire That the Church of Rome hath always termed those Hereticks who have opposed her Innovasions and Corruptions can't be denyed and is sufficient to my purpose The first of these that apppeared in England was John Wickliffe in the latter end of the Reign of King Ed. the 3 d in the year 1371. And therefore there was no occasion for putting the Law in Execution till his time but upon his appearance he Preaching and Teaching several Doctrines that tended to a Reformation the Romish Clergy fond of their Diana presently endeavours to silence him which they had done had not the favour of some great men at that time stopt their proceedings against him so that notwithstanding their Rage and Malice against him he at last dyed in his Bed But such an Implacable Hatred they bore to his Memory because he had begun to dispel those Clouds of Darkness and Ignorance with which this Church of England was then overspread that they 3 Ex actis Consilii Constan Procured a Decree of the Synod of Constance for the taking up his Body and Bones to be burnt one and forty years after he was buried for being an obstinate Heretick In obedience to which Decree the Popish Clergy in the time of King Richard the 2 d took up his Bones out of his Grave and burnt them and cast the Ashes into a River Such Enemies were they then to Christ's Religion that they would not suffer the Ashes of this great Luminary to rest lest as they were superstitious enough to think they should again revive to make a further discovery of their Works of Darkness In this 4 Trussel's Continuation of Daniel's History of England fol. 49. King's Reign execution by Fire was first put in practice within this Realm for opposing the Superstition and Idolatry of the Church of Rome Before this time there being no Statute to punish the Oppugners of the Romish Innovasions and Corruptions in matters of Doctrine and Worship The Clergy of the Romish Church made use of the weakness of R. 2. and prevailed with him to consent to the owning a supposititious Law of their own contriving and drawing up without the consent of the Commons Co. Inst 3. p. fol. 40 41. That Commissions should be by the Lord Chancellor made and directed to Sheriffs and others to arrest such as should be certified into the Chancery by the Bishops and Prelates to be Preachers of Heresie and notorious Errors their Fautors Maintainers and Abettors and to hold them in strong Prison until they would justifie themselves to the Law of Holy Church Which Act of Parliament was the first that was made against them that preached against the Church of Rome under the Notion of their being Hereticks who were then called Wicklivites The Act it self I have here inserted as it is Printed in Rastal's Statutes 5 R. 2. Ca. 5. Rast Stat. f. 140. The Wicklivites to be imprisoned Forasmuch as it is openly known that there be divers evil persons within the Realm going from County to County and from Town to Town in certain habits under dissimulation of great Holyness and without the Lycens e of the Ordinacies of the places or other sufficient Authority Preaching daily not only in Churches and Church-yards but also in Markets Fairs and other open places where a great Congregation of people is divers Sermons containing Heresies and notorious Errors to the great embleamishing of the Christian Faith and destruction of the Laws and of the estate of Holy Church to the great peril of the souls of the people and of all the Realm of England as more plainly is found and sufficiently proved before the Reverend Father in God the Arch-Bishop of Canterbury and the Bishops and other Prelates Masters of Divinity and Doctors of canon and of civil Law and a great part of the Clergy of the said Realm especially assembled for this cause which persons do also preach divers matters of slander to engender discord and dissention betwixt divers Estates of the said Realm as well Spiritual as Temporal in exciting of the people to the great peril of all the Realm which Preachers cited or summoned before the Ordinaries of the places there to answer of that whereof they be Impeached will not obey to their Summons and Commandments nor care not for their Monitions nor Censures of the Holy Church but expresly despise them and moreover by their subtil and ingenious words do draw the people to hear their Sermons and do maintain them in their Errors by strong hand and by great Routs It is ordained and assented in this present Parliament that the King's Commissions be made and directed to the Sheriffs and other Ministers of our Soveraign Lord the King or other sufficient persons Learned and according to the Certifications of the Prelates thereof to be made in the Chancery from time to time to arrest all such Preachers and also their Fautors Maintainers and Abettors and to hold them in Arrest and strong Prison till they will justifie them according to the Law and Reason of Holy Church and the King will and commandeth That the Chancellor make such Commissions at all times that he by the Prelates or any of them shall be certified and thereof required as is aforesaid By this Act it appears that there were then several persons who would not
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
was taken a Year after and put to the Rack and afterwards being brought forth to Dispute he scarcely answered the expectation raised of him Neither wanted there others also of the Popish Faction for Religion was then grown into faction as it was very lately here in England who Laboured Tooth and Nail at Rome and elsewhere in Princes Courts to raise War against their own Country Yea they published also in Print that the Bishop of Rome and the Spaniard had Conspired together to Conquer England and expose it for a Spoil and Prey And this they did on purpose to give Courage to their own Party and to terrifie others from their Allegiance to their Prince and Country This forced a Manifesto from the Queen Camb. Annals f. 247. wherein after acknowledgment of the goodness of God towards her She declareth that she had attempted nothing against any Prince but for preservation of her own Kingdom nor had she Invaded the Provinces of any other tho she had been sundry times thereunto both provoked by Injuries and invited by Opportunities that if any Prince go about to attempt ought against her she doubts not but to be able by the Blessing of God to defend her People and to that purpose she had Mustered her Forces both by Sea and Land and had them now in readiness against any Hostile Invasion her faithful Subjects she Exhorts to continue immoveable in their Allegiance and Duty towards God and their Prince the Minister of God not their absolute Supream Lord to dispose of them and theirs according to will and pleasure the rest who had shaken off their Love to their Country and their Obedience to their Prince she commands to carry themselves modestly and peaceably and not provoke the severity of Justice against themselves for she would no longer be so imprudent as by sparing the Bad to prove cruel to her self and her good Subjects By this Manifesto all Men may see how tender and compassionate the Queen was to her worst Subjects even them who had renounced their Allegiance to her and very hardly was she brought to put the Laws in Execution against them although they so justly deserved it of which take the following account from Mr. Cambden Camb. Annals f. 270. The Queen to take away the fear which had possest many Minds that Religion would be altered and Popery tollerated being overcome by importunate Intreaties permitted not furiously Commanded as if she thirsted after Blood That Edmund Campian aforesaid of the Society of Jesus Ralph Sherwin Luke Kirby and Alexander Briant Priests should be Arraigned who being Indicted upon the Act for Treason made 25 Ed. 3. and charged to have compassed and imagined the destruction of the Queen and Realm to have adhered to the Bishop of Rome the Queens Enemy to have come into England to disturb the Peace and Quiet of the Realm and to have raised forces to that end were condemned to dye and persisting obstinately to defend the Popes Authority against the Queen were Executed And not for professing the Popish Religion or exercising it barely as some of the Romanists and a few ignorant Protestants pretend For Campian after he was condemned being askt first whether Queen Elizabeth were a true and lawful Queen refused to answer then whether he would take part with the Queen or the Pope if he should send Forces against the Queen he openly professed and testified under his hand that he would stand for the Pope Afterwards some others also were Executed for the same Reasons whereas in full ten Years time after the Northern Rebellion But five Papists put to death in ten Years there had been no more then five Papists put to death But such now were the times that the Queen who never was of opinion that Mens Consciences were to be forced complained many times that she was driven of necessity to take these Courses unless she would suffer the ruin of her self and her Subjects upon some Mens pretence of Conscience and the Catholic Religion i. e. the Abby Lands and a Cardinals Cap yet for the greater part of these silly Priests she did not at all believe them guilty of Plotting the destruction of their Country but their Superiors were they she held Camb. Annals f. 271. Lord Burleigh saith the same thing Collection f. 28. to be the Instruments of this villany for these inferior Emissaries committed the full and free disposure of themselves to their Superiors And when those of the Superiors that were then and afterwards taken were asked whether by the Authority of the Bull of Pius V. Bishop of Rome the Subjects were so absolved from their Oath of Allegiance towards the Queen that they might take up Arms against her whether they thought her to be a lawful Queen whether they would subscribe to Saunders and Bristow's opinion concerning the Authority of that Bull whether if the Bishop of Rome should wage War against the Queen they would joyn with her or him they answered some of them so ambiguously some so resolutely and some by prevarication or silence shifted off the matter in such a manner that divers ingenious Papists which are rare to find in thâ—t Age began to suspect they fostered some treacherous disloyalty and John Bishop a Man otherwise devoted to the Bishop of Rome wrote against them and solidly proved that that Constitution obtruded under the Name of the Lateran Council upon which the whole Authority of absolving Subjects from their Allegiance and deposing Princes is founded is no other then a Decree of Innocent the III. and was never admitted in England yea that the said Council was no Council at all nor was it at all there decreed by the Fathers But of the Priests themselves owning all this I shall give a further account hereafter Camb. Annals f. 272. Suspicions were daily increased by the great number of Priests creeping more and more into England who privately felt the Minds of Men spread abroad that Princes Excommunicate were to be deposed notwithstanding their former prohibition of Preaching that Doctrine and whispered in Corners The Popish Terets spread abroad that such Princes as professed not the Romish Religion had forfeited their Regal Title and Authority that those who had taken holy Orders were by a certain Ecclesiastical priviledge exempted from all jurisdiction of Princes and not bound by their Laws nor ought they to reverence or regard their Majesty that the Bishop of Rome hath supream Authority and absolute Power over the whole World yea in Temporal Matters that the Magistrates of England were no lawful Magistrates and therefore not to be accounted for Magistrates yea that whatsoever was done by the Queens authority since the time the Bull declaratory of Pius V. was published against her was by the Laws of God and Man altogether void and to be esteemed as of no validity and some of them were not ashamed to own that they were returned into England with no other intent then by
Doctrine to their own Sex in England i. e. to Alienate their Hearts from their Soveraign if he be not of their Religion or will not at least connive at it to engage them in Plots Conspiracies and Treasons for the destroying Heretical i. e. Protestant Kings and Heresie that is Protestantism that they do or should defend This project took so as any thing doth that tends to promoting Mother Church that in a short time this Mrs. Ward by the Popes indulgence who will indulge any thing that tends to destroy what he calls Heresie became the Mother General of no less then two Hundred English Damsels of good Birth and Quallity whom she sent abroad to Preach This Story and many other Jesuitical exploits are more particularly related in Wadsworths Spanish Pilgrim to which I refer the Reader The Parliament meet Wilsons Hist f. 193. Rushw Coll. 1 pt f. 23. On the 30 th of January 1620. the Parliament met according to the Summons and notwithstanding the King 's smooth Speech to them they petitioned him for the due Execution of the Laws against Jesuits Seminary Priests and Papists which evidences that there was either none or at least a very slender Execution of those Laws They rip up Grievances They rip up many Grievances that the People had groaned under during the Intervals of Parliament by Monopoly Patents and otherwise punished the great Managers of them with exemplary Punishments and to make the Redress of these Grievances pass the more easily with the King they gave him two Subsidies which was very acceptable to him The Parliament adjourned without taking care of the Palatinate or Protestant Religion Rushw Coll. 1 pt f. 35. Wilsons Hist f. 164. He having got this Supply when the Parliament had sate about four Months he sent them word by the Lord Treasurer that he would have them adjourn as being more expedient than a Prorogation that he had redressed Corruption in Courts of Justice by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver Thread and cherished the Bill against Informers and Monopolies but not a word of Care taken to recover the Palatinate or putting the Laws in execution against the Papists The Commons take it amiss which the King resents and on the fourth of June 1621. in the ninteenth Year of his Reign Wilson saith till February he declared for an Adjournment till November following and that he will in the mean time of his own Authority redress Grievances The House of Commons immediately before this Recess taking to heart the Miseries of the Palatinate and knowing how much the Protestant Religion was concerned in it resolved that the drawing back in so good a Cause should not be charged on their Slackness and therefore made the Declaration following with an universal Consent The Commons Declaration touching the Palatinate Rushw Coll. 1 pt f. 36. Wilsons Hist f. 164. THE Commons assembled in Parliament taking into most serious Consideration the present State of the Kings Children abroad and general afflicted Estate of the true Professors of the same Christian Religion professed by the Church of England in foreign Parts and being touched with a true Sense and Fellow-feeling of their Distresses as Members of the same Body do with unanimous Consent in the Name of themselves and the whole Body of the Kingdom whom they represent declare unto His most Excellent Majesty and to the whole World their hearty Grief and Sorrow for the same and do not only joyn with them in their humble and devout Prayers to Almighty God to protect his true Church and to avert the Dangers now threatned but also with one Heart and Voice do solemnly protest That if His Majesties pious Endeavours by Treaty to procure their Peace and Safety shall not take that good Effect which is desired in Treaty wherefore they humbly beseech His Majesty not to suffer any longer Delay that then upon Signification of His Majesties Pleasure in Parliament they shall be ready to the utmost of their Powers both with their Lives and Fortunes to assist him so as that by the Divine Help of Almighty God which is never wanting unto those who in his Fear shall undertake the Defence of his own Cause he may be able to do that with his Sword which by a peaceable Course shall not be effected Soon after this the King was plyed from Spain and Rome The King plied for Favour to Papists to enlarge his Favours to Popish Recusants and it could not be otherwise expected so long as there was any thoughts of so near an Alliance between Spain and England The Parliament met again the twentieth of November The Parliament meet and because the House of Commons found that though the King declared for War he pursued Peace and resolved to close with Spain They resolved to try the Kings Spirit by the following Petition and Remonstrance wherein they laid open the Distempers of those Times with their Causes and Cures The Causes they told him were these The Vigilance and Ambition of the Pope A Remonstrance by the Parliament against Popery Wilson f. 167. Rushw Coll. 1 pt f. 40. and his Son the Spanish Prince The Devilish Doctrines of the Romish Church The distressed Estate of the Protestants abroad The disasterous Accidents to his a The Count Palatines Family Children abroad The strange Confederacy of the Popish Princes to subvert the Protestant Religion here The great Armies raised by the Spaniard The Papists Expectations of the Spanish Match Foreign Princes interposing for Favour to Papists here The Papists open Resort to Foreign Ambassadors Their Concourse to London and their Conventicles there The Education of their Children in Seminaries The Grants of their Forfeitures to Persons who take little or nothing of them The printing Popish Books The Swarms of Priests and Jesuits The common Incendiaries of all Christendom disperst in all parts of the Kingdom The growing Mischiefs to Church and State they told him were these The Popish Religion is incompatable with ours and draws with it an unavoidable Dependance on Foreign Princes It opens a wide Gap for Popularity to any who shall draw too great a Party b We have lately seen the Truth of this verified when the Papists from Connivance actually got a Toleration and that with an Equality and had got the Superiority and subverted our Religion had not God in his Providence interposed it hath a restless Spirit and will strive by these Gradations If it get but a Connivance it will press for a Toleration if that should be obtained they must have an Equality from thence they will aspire to Superiority and will never rest till they get a Subversion of the true Religion The Remedies proposed were That the King would take his Sword into his Hand that he would therewith assist the Protestants abroad not to rest upon a War in these Parts only but give a Diversion otherwise That this War
the Honour of God so much as in you lyeth I Grant and promise so to do Then one of the Bishops read this passage to the King. Our Lord and King we beseech you to Pardon and to Grant and to preserve unto us and to the Churches committed to your Charge all Canonical Privildges and do Law and Justice and that you would protect and defend us as every good King to his Kingdom ought to be a Protector and Defender of the Bishops and the Churches under their Government The King Answereth With a willing and devout Heart I Promise and Grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was led to the Communion Table where he takes a solemn Oath in sight of all the People to observe all the Promises and laying his hand upon the Bible said The things which I have here Promised I shall perform and keep So help me God and the Contents of this Book The sixth Day of February the Parliament met The Parliament meets Papists are prohibited from going to Mass at Ambassadors Houses the Judges are ordered to put the Laws in Execution againsts Papists which notwithstanding the Committee of Grievances reported to the Commons House That one general evil was the encrease and countenancing of Papists The Marshal of Middlesex meeting with resistance in seizing of Romish Priests Goods and complaining of the matter the then Arch-Bishop writ to Mr. Attorney General on behalf of the Priests which Letter was as followeth Good Mr. Attorney I thank you for acquainting me what was done Yesterday at the Clinck But I am of opinion The Arch-Bishops Letter on behalf of the Priests Rushw Coll. 1. part f. 243. that if you had curiously enquired upon the Gentleman who gave the Information you should have found him to be a Disciple of the Jesuites for they do nothing but put Tricks on these poor Men who do live more miserable Lives then if they were in the Inquisition in many parts beyond the Seas By taking the Oath of Allegiance and writing in defence of it and opening some points of high consequence they have so displeased the Pope that if by any cunning they could catch them they are sure to be burnt or strangled for it and once there was a Plot to have taken Preston By this Letter it appears how unwilling the Government was to be in any sort cruel even the Priests and yet how ungrateful are the Papists to this Day as he passed the Thames and to have shipped him into a bigger Vessel and so to have transported him into Flanders there to have made a Martyr of him in respect of these things King James always gave his Protection to Preston and Warrington as may be easily shewed Cannon is an old Man well affected to the cause but medleth not with any Factions or Seditions as far as I can learn they complain their Books were taken from them and a Crucifix of Gold with some other things which I hope are not carried out of the House but may be restored again unto them for it is in vain to think that Priests will be without their Beads or Pictures Models of their Saints and it is not improbable that before a Crucifix they do often say their Prayers I leave the things to your best Consideration and hope that this deed of yours together with my word will restrain them for giving offence hereafter if so be that lately they did give any I heartily commend me unto you and so rest Your very Loving Friend G. Canterbury The Parliament Petition the King against Papists Rushw Coll. 1. part f. 391. In this Parliament the Commons Petitioned the King to remove the Papists or justly suspected out of Places of Government Authority and Trust and named them of the Nobility and Gentry to the number of sixty one who were got into such Offices and prayed they might be displaced The Petition and Names take as followeth To the Kings most Excellent Majesty The Parliaments Petition against Papists with the names of the Persons who were crept into Offices notwithstanding the severity of the Laws against them YOur Majesties most Obedient and Loyal Subjects the Commons in this present Parliament assembled do with great Comfort remember the many Testimonies which your Majesty hath given of your sincerity and Zeal of the true Religion established in this Kingdom and in your particular gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the increase of Popery that your Majesty thought fit and would give Order to remove from all places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal Cause of that Mischief But not having received so full Redress herein as may conduce to the peace of this Church and Safety of this regal State they hold it their Duty once more to resort to your Sacred Majesty humbly to inform you that upon Examination they find the Persons under written to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the sitting of the Parliament did remain in places of Government and Authority and trust in your several Counties of this your Realm of England and Dominion of Wales The Right honourable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northamton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North Riding of Yorkshire by sending a License under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Hemsley in the said North Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter Sessions discharged from keeping an Alehouse because he was a Popish Convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollars within the said Mannor of Hemsley that formerly had his License to teach Scholars taken from him for teaching Scholars that were the Children of popish Recusants and because he suffered these Children to be absent themselves from the Church whilst they were his Schollars For which the said Conyers was formerly complained of in Parliament The Right Honourable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and
Your Majesty and States on the other part for private Men to accomplish their corrupt Ends. His Majesties ANSWER to the Fourth ARTICLE TO the fourth Article His Majesty is most willing to punish for the time past and prevent for the future any of the Deceits and Abuses mentioned in this Article and will account it a good Service in any that will inform himself his Privy Council Officers of his Revenue Judges or learned Council of any thing that may reveal this Mystery of Iniquity and His Majesty doth strictly command every one of them to whom such Information shall be brought that they suffer not the same to dye but do their utmost Endeavour to effect a clear Discovery and bring the Offenders to Punishment and to the intent no concealed Toleration may be effected His Majesty leaves the Laws to their Course 5. Article THat as the Persons of Ambassadors from Foreign Princes and their Houses be free for the Exercises of their own Religion so their Houses may not be made free Chappels and Sanctuaries unto Your Majesties Subjects popishly affected to hear Mass and to participate in all other Rites and Ceremonies of that Superstition to the great Offence of Almighty God and Scandal of Your Majesties People loyally and religiously affected that either the Concourse of Recusants to such Places may be restrained or at least such a vigilant Watch set upon them at their return from those Places as they may be apprehended and severely proceeded withal Vt qui palam in Luce peccant in Luce puniantur His Majesties ANSWER to the Fifth ARTICLE TO the fifth His Majesty is well pleased to prohibit and restrain their coming and Resort to the Houses of Ambassadors and will command a vigilant Watch to be set for their taking and punishing as is desired THat no place of Authority and Command within any the Counties of this Your Majesties Kingdom or any Ships of Your Majesties 6. Article or which shall be employed in Your Majesties Service be committed to Popish Recusants or to Non-communicants by the Space of a Year past or to any such Persons as according to Direction of former Acts of State are justly to be suspected as the Place and Authority of Lords Lieutenants Deputy Lieutenants Justices of the Peace or Captains or other Officers or Ministers mentioned in the Statute made in the third Year of the Reign of Your Father of Blessed Memory and that such as by Connivance have crept into such Places may by Your Majesties Royal Command be discharged of the same His Majesties ANSWER to the Sixth ARTICLE TO the Sixth His Majesty is perswaded that this Article is already observed with good Care nevertheless for the avoiding as much as may be all Errors and escapes in that kind His Majesty will give Charge to the Lord Keeper that at the next Term he call unto him all the Judges and take Information from them of the State of their several Circuits if any such as are mentioned in this Article be in the Commission of the Peace that due Reformation be made thereof and will likewise give Order to the Lord Admiral and such other to whom it shall appertain to make diligent Inquiry and certificate to His Majesty if any such be in place of Authority and Command in His Ships or Service THat all Your Majesties Judges Justices and Ministers of Justice unto whose Care and Trust Execution which is the Life of Your Majesties Laws is committed may 7. Article by Your Majesties Proclamation not only be commanded to put in speedy Execution those Laws which stand in force against Jesuits Seminary Priests and Popish Recusants but that Your Majesty would be further pleased to command the said Judges and Justices of Assize to give a true and strict Account of their Proceedings at their Returns out of their Circuits unto the Lord Keeper by the Lord Keeper to be presented unto Your Majesty His Majesties ANSWER to the Seventh ARTICLE TO the seventh His Majesty doth fully grant it 8. Article AND for a fair and clear Eradication of all Popery for the future and for the breeding and nursing up of a Holy Generation and a peculiar People sanctified unto the true Worship of Almighty God that until a Provisional Law be made for the Training and Educating of the Children of Popish Recusants in the Grounds and Principles of our Holy Religion which we perceive will be of more Power and Force to unite Your People unto You in fastness of Love Religion and Loyal Obedience then all Pecuniary Mulcts and Penalties that can possibly be devised Your Majesty would be pleased to take it into Your Princely Care and Consideration these our humble Petitions proceeding from Hearts and Affections Loyally and Religiously devoted to God and Your Majesties Service and to the Safety of Your Majesties Sacred Person we most zealously present to Your Princely Wisdom craving Your Majesties chearful and gracious Approbation His Majesties ANSWER to the Eighth ARTICLE TO the eighth His Majesty doth well approve it as a Matter of necessary Consideration and the Parliament now sitting he recommendeth to both Houses the Preparation of a fitting Law to that effect And His Majesty doth further declare that the Mildness that hath been used towards those of the Popish Religion hath been upon Hope that Foreign Princes thereby might be induced to use Moderation towards their Subjects of the Reformed Religion but not finding that good Effect which was expected His Majesty resolveth unless he shall very speedily see better Fruits to add a further degree of Severity to that which in that Petition is desired The Parliament after this made a Law against the Papists Intituled An Act to restrain the Passing or Sending of any to be Popishly bred beyond the Seas The Substance whereof take as followeth That 3 Car. 1. ca 2. Keebles Stat. f. 1098. By this Law Papists are prohibited sending their Children or others beyond Seas to be instructed in the Popish Religion FOrasmuch as divers ill affected Persons to the true Religion within this Realm had sent their Children into Foreign Parts to be bred up in Popery notwithstanding the Restraint of it by 1 Jac. 1. It was enacted That that Law should be put in Execution and further that if any Person or Persons being Subjects should pass over or go convey or send or cause to be sent or conveyed any Children or other Person beyond Seas to the Intent and Purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or Houses of Iesuits Priests or in any Private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish Person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or should convey or send or cause to be conveyed or sent any sum or other thing towards the maintenance of any already gone or sent under any