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 schâ—â—Schâ—â—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
Obstacle by killing her altered his opinion but was for joyning five more to Savage to make sure of the Matter Which being agreed on they set forward the design of the Invasion The design was by Babington imparted to the Queen of Scots and she was to reward the Heroical Actors in this barbarous Attempt or else their Posterities in Case they perisht in it And he was Commanded to pass his word to the six Gentlemen and the rest concerning their reward for their Service In this Conspiracy were ingaged divers Gentlemen who were very Zealous for Popery Edward Windsor Brother to the Lord Windsor Thomas Salisbury of a Knights Family in Denbeighshire Charles Tilney of an ancient Family who was then but lately reconciled to the Romish Church Chideock Tichburn of Southampton Edward Abbington whose Father had been the Queens under Treasurer Robert Gage of Surry John Travers and John Charnock of Lancashire John Jones whose Father was Yeoman of the Wardrobe to Queen Mary Savage before named Barnwel of a noble Family in Ireland and Henry Dun Clark in the Office of first Fruits and Tenths and one Polley To every of these Gentlemen was a Part in this Conspiracy assigned and all things went according to their hearts desire as they thought Nothing perplexed Babington But his Fears of being failed in the Foreign Aid that was promised him therefore to make sure of it he resolved himself to go over into France and to that purpose to send Ballard privately before for whom by his Money under a Counterfeit name he procured a License to Travel And that there might not be the least Suspicion of himself he insinuated into Secretary Walsingham by means of Polley and earnestly besought him to procure him a License from the Queen to travel into France promising her to do her extraordinary good Service in pumping out and discovering the secret designs of the Fugitives in behalf of the Queen of Scots The Plot discovered but as we say forewarned forearmed he being a faithful and cunning Secretary by his Spies had discovered all and informed the Queen and therefore only commended Babingtons pretended design and made him fair Promises and so from time to time delayed him The chief instrument in discovering this Plot was one Gilbert Gifford who lurked in England under the Name of Lauson in mind Salvage of his Oath but had informed the Secretary what he was and to what purpose sent into England This having gone on for some time Ballard apprehended the Queen apprehending there might be great danger in letting it proceed further ordered Ballard to be apprehended who was seized on before he was aware in Babingtons House just as he was setting out for France Babington and some others of the Confederates being jealous the design was discovered hid themselves in St. Johns Wood near London Notice being given of their withdrawing they are proclaimed Traitors at last are found and seized on and the rest of their fellow Rebels fourteen of whom were executed in September 1586. in St. Giles in the Fields where they used to meer and consult about their intended murthering of the Queen and invading the Kingdom Mary Queen of Scots having been at the bottom in all these designs The Queen of Scots at the bottom Cam. Annals from f. 33 to f. 35. D' Ewes Journal f. 392 393 395 400 401 405 408. A Commission Issued for trying Mary Queen of Scots grounded on 27 Eliz. Cap. 1. Camb. An. l. 3. f. 347. and there being no probability of the Kingdoms continuing in the safe and secure exercise of the Protestant Religion under their Protestant Queen so long as she was in being The Papists being assured by her that in case she had the Crown she would introduce Popery Queen Elizabeth was advised to try her for Treason which she was with great difficulty prevailed to do and Issued out a Commission grounded upon 27 Eliz. Cap. 1. herein before set forth The Commissioners appointed to Try her were these viz John Archbishop of * Whitgift Bakers Chron. f. 369. Canturbury Sir Tho. Bromley Kt. Chancellor of England William Lord Burleigh Treasurer of England William Lord Marquess of Winchester Edward Earl of Oxford great Chamberlain of England George Earl of Shrewsbury Earl Marshal Henry Earl of Kent Henry Earl of Darby William Earl of Worcester Edmund Earl of Rutland Ambrose Earl of Warwick Master of the Ordinance Henry Earl of Pembrook Robert Earl of Leicester Master of the Horse Henry Earl of Lincoln Anthony Vicount Mountague Charles Lord Howard Lord High Admiral of England Henry Lord of Hunsdon Lord Chamberlain Henry Lord Abergavenny Edward Lord Zouch Edward Lord Morley William Lord Cobham Lord Warden of the Cinque Ports Edward Lord Stafford Arthur Lord Grey of Wilton John Lord Lumley John Lord Stourton William Lord Saunders Lewis Lord Mordant John Lord St. John of Bletnesho Thomas Lord Buckhurst Henry Lord Compton Henry Lord Cheney Sir Francis Knolles Kt. Controller of the Houshould Sir Christopher Hatton Vice-Chamberlain Sir Francis Walsingham Secretary William Davison Esq Sir Ralph Sadleir Chancellor of the Dutchy of Lancaster Sir Walter Mildmay Chancellor of the Exchequer Sir Amias Pawlet Captain of the Isle of Jersey John Woolly Esq Secretary for the Latin Tongue Sir Christopher Wray Chief Justice of the Common-Pleas Sir Edward Anderson Chief Justice of the Bench Sir Roger Manwood Chief Baron Sir Thomas Gawdy and William Periam Judges The substance of their Commission was this The substance of the Commission Cambd. Annals f. 348. after the recital of 27. Eliz. Cap. 1. thus it followeth Whereas since the end of the Session of Parliament viz. since the first day of June in â—â—e 27 th Year of our Reign divers things have been compassed and imagined â—â—nding to the hurt of our Royal Person as well by Mary Daughter and Heir of James the Fifth King of Scots and commonly called Queen of Scots and Dowager of France pretending a Title to the Crown of this Realm of England 〈◊〉 by divers other Persons cum scientia in English with the Privity of the said Mary as we are given to understand And whereas we do intend and resolve that the aforesaid Act shall be in all and every part thereof duly and effectually put into Execution according to the Tenour of the same and that all offences abovesaid in the Act abovesaid mentioned as afore is said and the circumstances of the same shall be examined and Sentence or Judgment thereupon given according to the Tenour and Effect of the said Act to you and the greater part of you we do giâ—e full and absolute Power License and Authority according to the Tenour of the said Act to examin all and singular Matters composed and imagined tending to she hurt of our Royal Person as well by the aforesaid Mary as by any other Person or Persons whatsoever cum scientia in English with the Privity of the said Mary and all circumstance of the same and all
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
brought their Designs about and the Palatinate was irretrievably lost they broke off the Match and left the King and Prince in the Lurch Right Popish Jugling After this Treaty was dissolved the King thinks of a Match with France The French Match Rushw Coll. 1 pt f. 114. A Parliament called and the Lord Kensington was sent Ambassadot into France to feel the Pulse of that Court touching it and gives an Account that it would be accepted soon after which a Parliament was called to meet the twelfth of February in the 21 st year of this King 1623. and now the King is of the Mind to take the Parliaments Advice about his Sons Match as he told them and is grieved for the Increase of Popery if after all the foregoing Passages it be to be believed and promises a great deal and porforms never a whit And here I cannot omit what Wilson saith speaking of this Parliaments Petition against Papists and the Kings Answer both which he hath printed at large f. 272.273 274 275. to which I refer the Reader If the King saith he had seriously and really considered the very last Clause of this Petition wherein the Glory of God and the Safety of his Kingdoms so much consisted as the Parliament wisely express and foresee and which the King saith is the best Advice in the World and which he promised so faithfully to observe in the next Treaty of Marriage for his Son it might perhaps have kept the Crown upon the head of his Posterity But when Princes break with the People A good Caution for all Christian Princes and States in those Promises that concern the Honour of God God will let their People break with them to their Ruine and Dishonour And this Maxim holds in all Powers whether Kingdoms or Common-wealths as they are established by Justice so the Justice of Religion which tends most to the Glory of God is principally to be observed The Parliament followed the Chase close The Parliament displaceth Papists and bolted out divers of the Nobility and Gentry of Eminency popishly affected that had earthed themselves in Places of high Trust and Power in the Kingdom as if they meant to undermine the Nation Their Names Wilson saith were these Francis Earl of Rutland the Duke of Buckinghams Wives Father Sir Thomas Compton Their Names VVilson's Hist f. 276. that was married to the Dukes Mother and the Countess her self who was the Cynosure they all steered by the Earl of Castle-haven the Lord Herbert after Earl of Worcester the Lord Viscount Colchester after Earl of Rivers the Lord Peter the Lord Morley the Lord Windsor the Lord Eure the Lord Wotton the Lord Teinham the Lord Scroop who was Lord President of the North and which they omitted the Earl of Northampton Lord President of Wales who married his Children to Papists and permitted them to be bred up in Popery Sir William Courtney Sir Thomas Brudnell Sir Thomas Somerset Sir Gilbert Ireland Sir Francis Stonners Sir Anthony Brown Sir Francis Howard Sir William Powel Sir Francis Lacon Sir Lewis Lewkner Sir William Awbury Sir John Gage Sir John Shelly Sir Henry Carvell Sir Thomas Wiseman Sir Thomas Geâ—rard Sir John Filpot Sir Thomas Russel Sir Henry Beddingfield Sir William Wrey Sir John Counwey Sir Charles Jones Sir Ralph Conyers Sir Thomas Lamplough Sir Thomas Savage Sir William Mosely Sir Hugh Beston Sir Thomas Riddall Sir Marmaduke Nivell Sir John Townesend Sir William Norris Sir Philip Knevet Sir John Tasborough Sir William Selbie Sir Richard Titehborn Sir John Hall Sir George Perkins Sir Thomas Penrodduck Sir Nicholas Saunders Knights besides several Esquires popishly addicted either in their own Persons or by means of their Wives too tedious to be expressed here and these were dispersed and seated in every County who were not only in Office and Commission but had Countenance from Court by which they grew up and flourished so that their Exuberancy hindred the Growth of any Goodness or Piety their Malice pleased to drop upon Soon after which the Parliament was adjourned after they had made thirty five publick Acts and seventy three private ones but nothing was done with relation to the Papists Rushw Coll. 1 pt f. 154 155. VVilson f. 277. saith the King desired this Match above all Earthly Blessings The King admiring the Alliance of mighty Kings though of a contrary Religion desired the Match with France unmeasurably notwithstanding his Promise to the Parliament which the French perceived and though they were very forward before yet now abated of that Forwardness And whereas they were at first very modest in their Demands in favour of the Papists yet now inlarged those Demands and strained the King to the Concession of such Immunities as he had promised the Parliament he would never grant In August 1624. this Match was concluded and in November the Articles were sworn unto by King James Prince Charles and the French King the Articles concerning Religion were not much short of those for the Spanish Match Papists encouraged by the Treaty with France Rushw Coll. 1 pt f. 154. The Papists formerly daunted by the Breach of the Spanish Match were now again revived by the Marriage Treaty with France And at this time upon the Death of William titular Bishop of Calcedon most of the English Secular Priests did petition the Pope that another Bishop might be sent over into England there to ordain Priests give Confirmation and exercise Episcopal Jurisdiction Among others Matthew Killison and Richard Smith were presented And though the Regulars were opposite to the Seculars in this Matter yet those of the Order of St. Benedict joyned with the Seculars and Rudesin Barlo the President of the English Benedictines of Doway wrote a Letter in their Behalf at the Congregation at Rome named of the Propagation of the Faith. Dated the 12 th of December 1624. In which Letter was this Passage That there were above sixty Benedictine Monks in England and that it is not to be doubted said he for that it is already seen the good Success under the first Bishop that another Bishop being constituted there would be more joyful Fruits within two Years in the English Mission than hitherto hath been for sixty years now lapsed But not long after the Episcopal party of the Romish Church prevailing Pope Vrban the VIII created Richard Smith Bishop of Calcedon and sent him into England with Episcopal Authority over the Priests within the English Dominions The Close of this Kings Reign Rushw Coll. f. 155. And now I am come to the Close of this Kings Reign for after he had notwithstanding all his connivance at the Papists out of either Ambition or Cowardise recommended the Protection of the Church of England to the then Prince of Wales Charles the First advised him to love his Wife but not her Religion and exhorted him to take special care of his Grand-Children the Children of the Elector Palatine by his Daughter
notwithstanding Ridolphus plausible reasoning as he did also a Proposition made to him from Ross by Barker of surprising the Queen at unawares and interrupting the Parliament which was then sitting The Commentary of the Queen of Scots before mentioned being afterwards discovered there the Design appearing I have inserted what Cambden saith she therein discoursed viz. That the French approved of the Conference begun with the Scots and yet propounded the Marriage of the Duke of Anjou with Queen Elizabeth and that to no other end but that they might have the better pretence to deny the aid promised for her Restitution That the same French privately opposed her Marriage with Don John of Austria and highly favoured that with Norfolk in hatred to the Spaniards That the Duke of Alva did so far condemn the Design for sending back the Queen of Scots into Scotland that he thought it to be attended with the utter undoing of the Queen and the overthrow of the Catholick Religion in Britain for the Queen being returned into Scotland must of necessity either undergo the danger of being besieged or else hazard a Battel with the Rebels who with the help of the English would soon get her into their power before any foreign Forces could come to her assistance Seeing then she could not be safe in Scotland and from France there was swall hope that being embroiled with Wars within it self he thought it her best Course to fly to the Spaniards help who had proffered her Marriage with Don John of Austria which notwithstanding she would refuse having given her Faith that the Popish Religion in Brittain should be restored by Norfolk as also that her Son should be forthwith conveyed out of Scotland and sent into Spain for so he would be kept in safety and instructed in the Romish Religion from his very Childhood and withal all pretences would be taken from the Scots who Cloaked their Rebellion under his Name That to solicit these matters and to procure foreign assistance Ridolph was to be sent away presently who was to have private directions in any Case to conceal these things from the French. When the Council had received this Commentary and the Letters before mentioned Camb. Annals p. 163 Baker's Chron. fol. 344. Camb. p. 166. Fewlis Hist li. 7. ca. 3. p. 326. 13 Eliz. ca. 1. as likewise other Letters sent from the Bishop of Rome and one Barker being apprehended had made a full Confession the Duke of Norfolk was committed to the Tower together with Bannister the Dukes Counsellor at Law the Earls of Arundel and South-hampton the Lord Lumley the Lord Cobham and Thomas his Brother Henry Piercy Lowder Powel Goodyear and others who every one of them even the Duke himself confessed the matter The Iniquity of these times and the Love of the Estates of England which were then assembled at Westminster towards their Prince and Country occasioned the making an Act of Parliament whereby certain Offences were made Treason Rast Stat. pt 2. fol. 136. To bold that the Laws and Statutes cannot liâ—â—â— the Crown and bind the Succession Treason during the â—uccâ—s Life and a Premunire ever after The Preamble of this Act takes notice that it was thought the Laws and Statutes of this Realm then in force were not sufficient for the preservation of the Queens person which ought to be provided for and by the Neglecting whereof the Government might be subverted And therefore it was Enacted and provided according to the Tenor of former Laws that if any should attempt the Destructeon or personal Hurt of the Queen or raise War or excite others to War against Her if any Man should affirm that she is not nor ought of right to be deemed Queen of this Realm but that the Kingdom is more justly due to another or should pronounce her to be an Heretick Schismatick or Infidel or should usurp the Right and Title of the Kingdom during her Life or affirm that any other hath right to the Crown or that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof Every such person should be guilty of High Treason during the Queens Life and that after her Death if any person held the Doctrine that the Laws and Statutes cannot limit and determine the Right of the Crown and the Succession thereof he should incur a Premunire That if any Man during the Queens Life should by any Book written or printed expresly maintain that any person is or ought to be Heir or Successor to the Queen except the same be the Natural Issue of her Body or should wilfully publish print or utter any Books or Writings to that effect he and his Abettors should for the first Offence suffer Imprisonment for a Year and forfeit the one half of his Goods and for the second Offence incur the Penalty of a Premunire I confess that Keble saith in his Collection of Statutes that this Act of Parliament is expired but what ground he hath for it appears not any where that I can find Keble Stat. fol. 827. either in our History or Law Books so that I take it for so much as was to continue after her death it is in force still not being repealed by any subsequent Statute and therefore certainly who ever holds that Doctrine that the Right of the Crown and the succession thereof cannot be limited and determined by the Laws and Statutes of the Kingdom incurs a Premunire There was also another Act of Parliament made in the same Session the which is intituled an Act against the bringing in and putting in execution of Bulls writings or Instruments and other Superstitions from the See of Rome The Preamble of which Statute recites the Stat. of 5 Eliz. ca. 1. 13 Eliz. ca. 2. Rast Stat. pt 2 fol. 138. Against bringing in Bulls c. from Rome and reconciling and being reconciled to the See of Rome Touching the Abolishing of the Authority of the Bishop and See of Rome and setts out That yet nevertheless divers Seditious and evil disposed People minding not only to bring this Realm and the Imperial Crown thereof being in very deed of it self most free into the Thraldom and subjection of that Foreign usurped and unlawful Iurisdiction Preheminence and Authority claimed by the said See of Rome but also to estrange the Minds and Hearts of sundry of her Majesties Subjects from their Dutiful Obedience and raise and stir Sedition and Rebellion within this Realm to the disturbance of the most happy peace thereof have lately procured and obtained to themselves from the said Bishop of Rome and his said See divers Bulls and Writings And sets forth the effect of the said Bull herein before particularly set forth and that by colour of the said Bulls and Writings the said wicked Persons very secretly and most seditiously in such parts of this Realm where the People for want of Instruction were most weak simple and ignorant and thereby furthest
other offences whatsoever abovesaid In the Act abovesaid as afore is said mentioned and all circumstances of the same and of every of them and thereupon according to the Tenour of the Act aforesaid to give Sentence or Judgment as upon good proof the Matter shall appear unto you And therefore we command you that you do at such certain days and places which you or the greater part of you shall for that purpose set and agree upon diligently proceed upon the premises in form aforesaid c. Mary Queen of Scots Tryed Camb. Annals f. 361. The Commissioners met at Fotheringay Castle the 11 th of October 1586. and Tryed Mary Queen of Scots the substance of the Tryal you may see in Cambdens Annals from Pag. 344 to 361. as he took the same out of the Commentaries and Memorials of Edward Barker principlal Register to the Queen Thomas Wheeler publick Notary Register of the Audience of Canturbury and other persons of Credit which were there present On the 25 th of October all the Commissioners met at the Star-Chamber at Westminster to which place they had adjourned except the Earls of Shrewsbury and Warwick which were both of them sick at that time Sentence was pronounced which Sentence was this The Sentence By their unanimous assents and consents they do pronounce and deliver this their Sentence and Judgment at the day and place last above mentioned and say that since the conclusion of the aforesaid Session of Parliament in the Commission aforesaid specified namely since the first day of June in the 27 th Year aforesaid and before the date of the said Commission divers Marters have been compassed and imagined within this Realm of England by Anthony Babington and others with the Privity of the said Mary pretending a Title to the Crown of this Realm of England tending to the hurt death and destruction of the Royal Person of our said Lady the Queen And also that since the aforesaid first day of June in the 27 th Year aforesaid and before the date of the Commission aforesaid the aforesaid Mary pretending a Title to the Crown of this Realm of England hath compassed and imagined within this Realm of England divers Matters tending to the hurt death and destruction of the Royal Person of our Soveraign Lady the Queen contrary to the form of the Statute in the Commission aforesaid specified The Parliament 29. Eliz. Cap. 1. Rast Stat. 2. Part. f. 334. The twenty ninth of October following the Parliament met and the first Act they made was an Act for the confirmation of the Proscription of Thomas late Lord Paget Charles Paget Francis Englefeild Francis Throckmorton William Shelley Anthony Babington Thomas Salisbury Edward Jones Edward Abbington Charles Tilney Chidiock Tichbourn Robert Barnwell John Charnock and John Travers The Preamble of which Act of Parliament strengthening the Credit of the former History I have here incerted An Act of Parliament for proscribing Babington and the Rest In most humble wise beseecheth your Royal Majesty the Lords Spiritual and Temporal and all other your most Loving and Obedient Subjects the Commons of this your most High Court of Parliament Assembled That where Thomas Paget late Lord Paget late of Drayton in the County of Middlesex Francis Englefeild late of London Kt. Charles Paget late of London Esq Francis Throckmorton late of London Esq William Shelley late of Clapham in the County of Sussex Esq Anthony Babington late of Dethick in the County of Derby Esq Thomas Salisbury late of Lleweny in the County of Denbygh Esq Edward Jones late of Cadogan in the same County of Denbygh Esq Edward Abbington late of Henlippe in the County of Worcester Esq Charls Tilney late of â—â—ndon Esq Chidiock Tichbourn late of Port-Chester in the County of Southampton Esq Robert Barnwell late of London Gent. John Charnock late of London Gent. and John Travers late of Prescot in the County of Lancaster Gent. Having no fear of God before their Eyes have most falsely and Treacherously committed perpetrated and done many unnatural detestable and abominable Treasons to the most fearful peril and danger of the destruction of your most Royal Person and to the utter loss disherison and destruction of this your Highnesses Realm of England if God of his infinite goodness had not in due time revealed and given knowledge to your Highness of their Trayterous intent of and for the which said Treasons being manifestly and plainly proved the said Traytors and Offenders before named have been lawfully indicted and some of them have been and are lawfully and by due process Out-Lawed and thereby justly attainted and some other by Tryal of the Country and their own confessions and judgment thereupon given lawfully and justly convicted and attainted according to the Laws of this your Realm as by the Records of their several attainders more plainly it doth and may appear and for the which several Offences some of the same Offenders have suffered pains of Death according to their demerits And then the Parliament Confirms their attainder and confiscates their Lands and Tenements Goods and Chattels The next thing this Parliament did was by their Votes to approve The Tryal and Condemnation of Mary Queen of Scots approved and Her Execution desired by the Parliament and their Reasons for it D' Ewes Journal 392 393 395 400 401 405 408. Camb. Annal. l. 3. f. 363. and confirm the Sentence given against the Queen of Scots and desired it might be published the Reasons whereof were delivered in divers Speeches made in the House of Commons upon this occasion and which are to be seen in Sir Simon D' Ewes his Journal at large They were drawn from the dangers that threatned Religion the Queens Person and the Realm by means of Mary Queen of Scots who having been bred up in the Popish Religion and sworn a confederate in the Holy League for the extirpation of the Protestant Religion had now for a long time Arrogated unto her self the Title of Queen of England while the Queen lived whom as being excommunicate she held it lawful to do mischief to as far as lay in her Power and to take away her life a thing meritorious One who had over-thrown and ruined sundry flourishing Families in the Kingdom and cherished all the Treasonable designs and Rebellions in England to spare her therefore were nothing else but to spoil the People who would take impunity in this Case much to heart and would not think themselves discharged of their Oath of Association unless she were punished according to her deserts and lastly they called to her remembrance how fearful the examples of Gods vengeance were upon King Saul for sparing Agag and upon King Ahab for sparing the Life of Benhaddad These Reasons were strongly inforc't by a Petition presented by the Parliament to the Queen and by her answer it appears what a great straight she was in D' Ewes Journal f. 400. Queen Eliz. in a great
at home and their Ministers The Principal Root hereof The Councel of Trent which agreed to extirpate Christian Religion which they term Heresie whereunto divers Princes assented and bound themselves in solemn Manner Pope Pius Quintus sent his Excommunication against Her Majesty Dr. Mourton and Mendoza a Spanish Ambassador bestirred them a Northren Rebellion was bred the Pope and the rest Practiced for the Scottish Queen and she being acquainted proceeds by her means Pope Paulus the thirteenth proceeds and sends Jesuites and Seminaries to England and Ireland and they proceed to inveagle the the Subjects and disswade them from obedience Viska beginneth a Rebellion in Ireland James Fitz Morris furthereth the Execution thereof Doctor Saunders and Desmond stir new Rebellion there and wrote into England c. Parry was moved to kill Her Majesty and perswaded it was Meritorious Pope Sixtus the fifth imitateth the other Popes to execute their former Devices and writeth to the Cardinal of Lorain and Guise that he will overthrow the Gospel which Mr. Vice Chamberlain honourably termed the glorious Gospel and therefore moved them to joyn with the Princes of the League and to practice to win the King of Scots and to set up the Scottish Queen in England and make his reckoning of the Cantons that were Popish the Switzers the Duke of Savoy they Duke of Ferara King of Spain and King of France A chief Instrument to work this was one Carew called also Father Henry He was sent into Germany and over Italy and France wrote to the Scottish Queen that the Powers will joyn to overthrow England and make known the effect of his Labour to the Pope Invasion should have been made into England and Ireland the last year and not like to be unattempted this year The Pope Excommunicateth the King of Navar the Pope accounteth not of Popish Preaching and perswasions that way But nevertheless moveth all to use the Word and for maintenance thereof spareth his Treasure otherwise and withdraweth maintenance from Jesuites Seminaries and divers other Letters were found with the Scottish Queen which prove all these to be true If we serve Almighty God in sincerity of Heart we need not to fear It is to be remembred that the King of Spain sought to recover some part of his Fathers Credit by using our Treasure and Force to get St. Quintines but he soon made his advantage of it and regarded not our Territories in France But suffered the loss of Calice and all our Territories and after the Death of Queen Mary what he could Her Majesty sought for his Good-will sending the Lord Mountague the Lord Cobham Sr. Thomas Chamberlain Knight Mr. Maun and others and they were but hardly used some of them were offered great indignity and Mr. Mauns Son forced by strength to do a kind of Pennance He comforted the Queens Enemies he giveth Colour of Wars he Chargeth the Queen that her Subjects have aided his Rebels in the Low Countries with the countenancing Mounsieur with many at Cambray with sending her Nobility with him into the Low Countries with the Actions of Sr. Francis Drake with assistance of the Low Countries Of the purpose of the Combined Princes Their shew is to deal with the King of Navar to extirpate him but their drift is to ruinate Religion not only there but to set upon and to work the ruin of it here also Wherein the King of Spain and Guise are now very busie Their Malice is the more for the executing the Scottish Queenâ— But their hope is the less The King of Spain his Designments are to invade England and Ireland His Preparations Three hundred sixty Sail of Spain Eighty Gallies from Venice and Genoua one Galliass with six hundred armed Men from the Duke of Florence Twelve thousand Men maintained by Italy and the Pope Six thousand by the Spanish Clergy twelve thousand by his Nobility and Gentlemen of Spain It is reported that ten thousand of these be Horsemen I think it not all true but something there is We must look to the Papists at home and abroad It hath touched us in the Blood of the Nobility and the Blood of many Subjects They practice to frame Subjects against all Duty and bring in Doctrine of Lawfulness and Merit to kill the Queen and have sent their Instruments abroad to that purpose Notwithstanding things stood thus yet the Parliament having made so many Laws thought convenient to make but one Law this Session against the Papists which was not made Provisory of any new Remedy against them but to enforce the Execution only of a former Law. It is entitled An Act for the more speedy and due Execution of certain Branches of the Stat. 23. Eliz. intitled An Act to retain the Queens Majesties Subjects in their due obedience 29. Eliz. cap. 6 Rast Stat. 2. Part. f. 338. An Act to enforce the Execution of 23. Eliz. By which Act For the avoiding all Frauds and Delays in hinderance of the Execution of the said Act it is provided that certain assurances made by Papists shall be void against the Queen That the Conviction shall be at the Kings Bench or at the Assizes or general Goal Delivery and certified into the Exchequer The twenty pounds a month for not going to Church is to be paid into the Exchequer every Easter and Michaelmas Term In default of Payment the Queen may take all the Goods and two parts of the Lands and Leases of the Offenders The indictment sufficient tho it mentions not the Parties being within the Realm Vpon Proclamation made if the party renders not his Body he stands Convicted no forfeiture if the party submits or dies Assurances made bona fide not to be impeached nor Lands for Life or in the Wives right after the Offendors Death Thus did the Plots and Conspiracies of the Papists from time to time force the State to make either New Laws against them or else Laws for the more effectual executing the old for the truth of the Plots and Conspiracies before mentioned I shall here insert the very words of the Secular Priests in their important Considerations as hereunto followeth The Secular Priests Confession of the Plots before-mentioned Collect. f. 45. Babingtons Plot. We might add the notable Treasons of Mr. Anthony Babington and his Complices in the Year 1586. Which were so apparent as we were greatly abashed at the shameless Boldness of a young Jesuit who to excuse the said Traitors and qualifie their offences presumed in a kind of supplication to Her Majesty to ascribe the Plotting of all that mischief to Mr. Secretary Walfingham the Treachery also of Sr. William Stanley the year following 1587. in falsifying his Faith to Her Majesty and in betraying the trust Committed unto him by the Earl of Leicester who had given him the honourable Title of Knighthood as it was greatly prejudicial to us that were Catholicks at home Stanley's Treason so was the defence of that Disloyalty made by a
undertook to take this rub out of the way by killing the King to which purpose he went for Scotland but took England in his way At London one Daniel an Italian Fencing Master discovers the Plot to the Queen she seized them and sent them into Scotland Mowbray supposed Guilty is cast into Edenburgh Castle whence thinking one Night to escape out of a Window by his Bed sheets they proved too short and he fell upon the Rocks and so dyed his Body was hanged for sometime then quartered 1601. and set upon the Gates and several places of the City This Design failing another is in hand in Italy A design to poyson King James the First Ferdinando I. the Grand Duke of Tuscany by the intercepting some Letters discovereth a Plot to poyson the said King James The Duke by what reasons induced is not material but 't is conjectured in hopes to convert him rather pervert him to the Romish Religion resolved to discover and prevent it At this time one Mr. Henry Wotton sojourned in Florence 1602. and was well acquainted with Seigniour Vietta the Dukes Secretary upon whose Commendations Wotton is pitched on to be the Messenger The Letters and excellent Antidotes against Poyson such as were not then known in Scotland were delivered to him who disguised under an Italian Garb and Name of Octavio Baldi hasteth into Scotland cometh to the King discovereth himself and the Conspiracy and after some stay returneth to Florence he was afterwards Knighted by King James As the Popes are never without Designs for promoting some of their Nephews The Pope designs to exclude King James the First so Clement the VIII the then Pope in these Designs against the said King James his succeeding Queen Elizabeth was not wanting intending the Crown of England for some of his friends and perceiving that some in England English Papists to be sure were tampering to promote the Interest of the Lady Arabella in this case he thought it best to deal warily he was very desirous that the Duke of Parma should wear the Crown of England but finding that this was not feasible by reason Arabella's Interest was too strong for him he steers another course and thinks of Cardinal Farnese who being unmarried might take to Wife Arabella and so unite Forces and Interests to carry the Crown To carry on this design it was advised that all the Romanists in England should unite that their Cause might not suffer by any dissentions about this Succession amongst themselves a good Caution may hence be given to all Protestants in England that they do not divide upon their present Majesty's King William and Queen Mary's accession to the Crown who under God are the preservers of the Protestant Religion amongst us for vis unita fortior and nothing but division can hurt us to promote this union the Romish Clergy who then had and still have a great awe and authority over the Layety were exhorted by the Pope to be all of a Mind as to this Succession and to press it home upon the Layety that so the Layety might not be divided To which purpose it was concluded that there should be an Arch Priest who should have a Jurisdiction over the rest who are to â—it according to his Rules and Directions and in these designs Father Parsons who was not yet advanc'd according to his merit was a main stickler and contriver the Pope also had drawn up some Bulls and sent to his Nuncio in the Netherlands to Divulge and spread them abroad at convenient times wherein he declared that not any though never so near in blood should after Queen Elizabeths death be admitted to the Crown but such an one as would not only tollerate the Roman Religion but would swear to promote and resettle it and that in the mean time Cardinal Farnese might in this Island have the greatest vogue the Pope made him Protector of England as Pope Pius V. had before made Mary Queen of Scots Queen of England to carry on the same design as he was of other Countrys Nay rather then fail the same Pope had formerly exhorted the French and Spaniards to unite invade England and divide it between them nor did they neglect to instigate the Family of the Pools to have a Right Divers other Attempts were made by Winton Desmond and other Priests and Jesuits to exclude King James the First but all proved abortive as did the Treasons plotted against him after his Accessions to the Throne Queen Elizabeth's death Camb Annals f. 651. Bakers Chron. f. 403. On the 24th of March 1603. the Virgin Queen Elizabeth of every Glorious Memory exchanged her corruptible for an incorruptible Crown after she had Reigned Forty four Years and Four Months and in the Seventieth Year of her Age of whom her Successor gave this Character that she was one who in wisdom and felicity of Government surpassed all the Princes since the days of Augustus King James the First Proclaimed Camb. Annals f. 661. Bakers Chron. f. 403. A Conspiracy against him She being dead some few hours after King James was Proclaimed King of England the First of Scotland the Sixth and no sooner is he set upon his Throne even before he could well get the Crown upon his Head but we find a Plot laid against his Life for though the Papists could not keep him from the Throne they were resolved if possible that he should not sit long there This Plot I must confess is prima facie of a strange Complection but when 't is well viewed if we look upon the Majority of the Persons concerned we shall find them to be Romish Priests and Lay Papists and therefore if a thing may take its denomination from the greater part this may sure and we may safely call it a Popish Conspiracy for although some Protestants were inveigled into it Yet they were the smaller number and at that time under a discontent (a) Bakers Chron. f. 404. VVilsons History of Great Brittain f 4. which oftentimes carries Men beyond the Principles of their Religion and to do things contrary to the Rules of right Reason Whither their discontent was well grounded or not is not my purpose to enquire but taking it for granted they were Male-contents I shall now give an account of who were Actors in this Design and what the Design it self was The Names of the Conspirators Fowlis Hist li. 10. cap. 1. f. 499. VVilsons Hist. f. 4. Bakers Chron. f. 404. The main Actors in this Conspiracy were William Watson and Clark who had both writ against the Jesuits for their Treasons and Conspiracies Sir Griffin Markham Count Aremberg Ambassador from the Arch Duke of Austria Mathew de Lawrency a Merchant but an Instrument employed by Aremberg all zealous Papists Sir Edward Parham a Papist Bartholomew Roskesby and Anthony Coply Papists Henry Brook Lord Cobham and George Brook his Brother who seemed to be Protestants Thomas Lord Grey of Wilton a Protestant
of Parliament because they yet strengthen and confirm the Truth of the said Conspiracy and that they do so must be confest unless Men will fly in the Face of that Parliament I have here inserted as I find the same in Rastal's Statutes The First is Intituled An Act for publick Thanks-giving to Almighty God every Year on the Fifth Day of November FOrasmuch as Almighty God hath in all Ages shewed his Power and Mercy 3 Jac. 1. ca. 1. Rast Stat. 2. Part. f. 588. The Act for keeping the Fifth of November yearly as a Day of Thanks-giving in the Miraculous and Gracious Deliverance of his Church and in the Protection of Religious Kings and States and that no Nation of the Earth hath been blessed with greated Benefits than this Kingdom now enjoyeth having the true and free Profession of the Gospel under our most gracious Sovereign Lord King James the most Great Learned and Religious King that ever reigned therein enriched with a most hopeful and plentiful Progeny proceeding out of his Royal Loyns promising Continuance of this Happiness and Profession to all Posterity and the which many malignant and devilish Papists Iesuits and Seminary Priests much envying and fearing conspired most horribly when the Kings most excellent Majesty the Queen the Prince and all the Lords Spiritual and Temporal and Commons should have been assembled in the upper House of Parliament upon the fifth Day of November in the Year of our Lord 1605. suddenly to have blown up the said whole House with Gun-powder an Invention so inhuman barbarous and cruel as the like was never before heard of and was as some of the principal Conspirators thereof confess purposely devised and concluded to be done in the said House that where sundry necessary and religious Laws for preservation of the Church and State were made which they falsly and slanderously term cruel Laws enacted against them and their Religion both Place and Persons should be all destroyed and blown up at once which would have turned to the utter Ruine of this whole Kingdom had it not pleased Almighty God by inspiring the Kings most excellent Majesty with a Divine Spirit to interpret some dark Phrases of a Letter shewed to His Majesty above and beyond all ordinary Construction thereby miraculously discovering this hidden Treason not many Hours before she appointed time for the Execution thereof therefore the Kings most excellent Majesty the Lords Spiritual and Temporal and all His Majesties faithful and loving Subjects do justly acknowledge this great and infinite Blessing to have proceeded meerly from God his great Merry and to his most Holy Name do ascribe all the Honour Glory and Praise And to the end this unfeigned Thankfulness may never be forgotten but be in a perpetual Remembrance that all Ages to come may yield Praises to his Divine Majesty for the same and have in Memory This joyful Day of Deliverance Be it therefore enacted by the Kings most excellent Majesty the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that all and Angular Ministers in every Cathedral and Parish Church or other usual Place for Common-prayer within this Realm of England and the Dominions of the same shall always upon the fifth Day of November say Morning-prayer and give unto Almighty God Thanks for this most happy Deliverance and that all and every Person and Persons inhabiting within this Realm of England and the Dominions of the same shall always upon that Day diligently and faithfully resort to the Parish Church or Chappel accustomed or to some usual Church or Chappel where the said Morning-prayer Preaching or other Service of God shall be used and then and there to abide orderly and soberly during the time of the the said Prayers Preaching or other Service of God there to be used and ministred And because all and every Person may be put in mind of this Duty and be the better prepared to the said Holy Service be it enacted by Authority aforesaid that every Minister shall give Warning to his Parishioners publickly in the Church at Morning-prayer the Sunday before every such fifth Day of November for the due Observation of the said Day And that after Morning-prayer or Preaching upon the said fifth Day of November they read publickly distinctly and plainly this present Act. The Second is intituled An Act for the Attainder of divers Offendors in the late most barbarous monstrous detestable and damnable Treasons The Preamble of which Act runs thus 3 Jac. 1. ca. 2. Rast Stat 2. part f. 589 An Act for the Attainder of the Conspirators IN most humble manner beseeching your most excellent Majesty your most Loyal Faithful and true Hearted Subjects the Lords Spiritual and Temporal and the Commons in this present Parliament assembled That whereas Arthur Creswel Jesuite who at the time of his Profession to be a Iesuite took upon him the Name of Joseph Creswel Oswald Tesmond Jesuite and Thomas VVinter late of Huddington in the County of VVorcester Gent. the last Day of June in the four and fortieth Year of the late Queen Elizabeth of famous Memory at Valedolide within the Kingdom of Spain and at divers other days within the same four and fortieth Year of the said late Queen at Valedolide aforesaid and elsewhere within the same Kingdom of Spain by the Means Procurement and Privity of Robert Catesby late of Ashby in the County of Northampton Esq Francis Tresham late of Rushton in the said County of Northampton Esq and Henry Garnet Iesuite assuming upon him to be Superior of the Iesuits within this Ream of England and others being all natural born Subjects of this Realm did Traiterously and against the Duty of their Allegiance move and incite Philip then and yet King of Spain then being at open Enmity and Hostility with the said late Queen with Force to invade this Kingdom of England and to joyn with the Papists and discontented Persons wiâ—â—in this Realm of England to depose and overthrow the same late Queen of and 〈◊〉 her Crown and of and from all Her Royal Estate Title and Dignity and to suppress and abolish the true Religion of Almighty God truly and sincerely professed within this Kingdom and to restore the Superstitious Romish Religion within the same and to bring this Antient Famous and most renowned Kingdom to utter Ruine and miserable Captivity under Forreign Power and for that the greatest Impediment unto the same Invasion would be the want of Help of good Horses the said Thomas VVinter the rather to incourage the said King thereunto was to offer unto the same King on the Behalf of the Papists of England to give him Assistance presently upon the Landing of his Forces with one thousand five hundred or two thousand Horses and that for their better accomplishing thereof he should move the said King to furnish the Papists of England with a good Sum of Money partly to be employed to
then called a Puritan and Sir Walter Raleigh a States-man and Souldier and Fowlis saith troubled with no more Religion than would serve his interest and turâ— The design it self Fowlis Hist. li. 10. ca. 1. f. 499 500. Bakers Chron. f. 405. VVilsons Hist f. 4. The design was to set the Crown on the Head of the Lady Arabella or to seize on the King and make him grant their desires and a Pardon to raise a Rebellion and alter Religion and Government and in order thereunto to procure aid and assistance from Foreign Princes to turn out of the Court such as they disliked and to place themselves in Offices Watson was to have been Lord Chancellor George Brook Lord Treasurer Sir Griffith Markham Secretary of State Lord Grey Master of the Horse and Earl Marshal of England for the more secure carrying on these designs Watson drew up an Oath of Secrecy which they all took But all is discovered they are Apprehended Examined and Tryed in November 1604 at their Tryal they insisted that this could not be Treason because the King was not then Crowned but this Plea was soon over-ruled and they legally Convicted of the Treason and Watson Clark and George Brook were Executed the rest finding Mercy the King being loath to soil his Throne with Blood and therefore spilt no more then was absolutely necessary The Lord Grey dyed in the Tower the last of that Line (a) Said to lose his Life to gratify Gondamor Bakers Chron. f. 516. Wilson f. 115 116 117. Raleigh was beheaded in 1618. The rest were discharged of Imprisonment but dyed miserably poor Markham and some others abroad but Cobham as we * Osborns Traditional Memoires of King James p. 12. are told in a Room ascended by a Ladder at a Poor Womans house in the Minories formerly his Landress dyed rather of Hunger than a Natural disease This Conspiracy gave occasion for the Kings looking about him and taking such measures as might secure his Person and Government against such attemps for the future and perceiving that swarms of Priests came every day over from the Foreign Seminarys he suspected some mischief was a hatching and therefore issued out his Royal Proclamation against Jesuits which I find related by Wilson in these Words Having after some time spent in setling the politick Affairs of this Realm of late bestowed no small Labour in Composing certain Differences we found among our Clergy about Rites and Ceremonies heretofore established in this Church of England King James 1st his Proclamation against Jesuits Wilsons Hist. f. 9. and reduced the same to such an Order or Form as we doubt not but every Spirit that is led only with Piety and not with Humour should be therein satisfied it appears unto us in debating these Matters that a greater Contagion to our Religion then could proceed from these light Differences was imminent by Persons common Enemies to them both Namely the great numbers of Priests both Seminaries and Jesuits abounding in this Realm as well of such as were here before our coming to the Crown as of such as have resorted hither since using their Functions and Professions with greater Liberty then heretofore they durst have done Partly upon a vain Confidence of some Innovation in Matters of Religion to be done by us which we never intended nor gave any Man cause to suspect and Partly from the assurance of our general Pardon granted according to the Custom of our Progenitors at our Coronation for Offences past in the Days of the late Queen which Pardon 's many of the said Priests have procured under our Great Seal and holding themselves thereby free from Danger of the Laws do with great Audacity Exercise all Offices of their Profession both saying Masses and perswading our Subjects from the Religion established reconciling them to the Church of Rome and by Consequence seducing them from their Duty and Obedience to us wherefore we hold our selves obliged both in Conscience and Wisdom to use all good means to keep our Subjects from being affected with superstitious Opinions which are not only pernicious to their own Souls but the ready way to corrupt their Duty and Allegiance which cannot be any way so safely performed as by keeping from them the Instruments of that infection which are Priests of all sorts ordained in Foreign parts by Authority prohibited by the Laws of the Land concerning whom we have thought fit to publish unto all our Subjects this open Declaration of our Pleasure c. Willing and Commanding all manner of Jesuits Seminaries and other publick Priests having Ordination from any Authority by the Laws of this Realm prohibited to take notice that Our Pleasure is that they do before the nineteenth of March next depart forth of Our Realm and Dominions And to that purpose it shall be Lawful for all Officers of our Ports to suffer the said Priests to depart into foreign parts between this and the said nineteenth Day of March admonishing and assuring all such Jusuits Seminaries and Priests of what sort soever that if any of them after the said time be taken within this or any of our Dominions or departing now upon this our Pleasure signified shall hereafter return into this our Realm or any of our Dominions again they shall be left to the Penalty of the Laws here being in force concerning them without hope of any Favour or Remission from us c. Which tho' perhaps it may appear to some a great Severity towards that sort of Our Subjects Yet doubt we not when it shall be be considered with indifferent Judgment what Cause hath moved us to this Providence all Men will justifie us therein for to whom is it unknown into what peril our Person was like to be drawn and our Realm into Confusion not many Months since by Conspiracy First conceived by Persons of that sort Which when other Princes shall duly observe we assure our selves they will no way conceive that this Alteration proceedeth from any Change of Disposition but out of Providence to prevent the Perils otherwise inevitable considering their absolute Submission to foreign Jurisdiction at their first taking Orders doth leave so conditional an Authority to Kings over their Subjects as the same Power by which they were made may dispense at Pleasure with the strictest bond of Loyalty and Love between a King and his People Among which foreign Powers though we acknowledge our self personally so much beholden to the now Bishop of Rome for his kind Offices and private temporal Carriages towards us in many things as we shall be ever ready to requite the same towards him as Bishop of Rome in state and condition of a Secular Prince yet when we consider and observe the Course and Claim of that See We have no reason to imagine that Princes of our Religion and Profession can expect any assurance long to continue unless it might be asserted by Mediation of other Christian Princes that some good Course might be