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
presently brake his Oath and accused me of these things Cardinal Como's Letter to Parry Foulis Hist lib. 7. cap. 3. f. 393. The Letter also in that Confession mentioned to be writ from Cardinal Como to him as the same is related by Fowlis followeth SIR HIS Holiness hath seen your Letter of the first with the Certificate inclosed and cannot but commend the good disposition and resolution which you write to hold towards the Service and common good wherein his Holiness doth exhort you to persevere and to bring to effect that which you have promised And that you may be the more assisted by that good Spirit which hath moved you thereunto his Holiness grants unto you his Blessing plenary Indulgence and Remission of all your sins according as you have desired assuring you that besides the merit which you shall receive for so doing in Heaven his Holiness will farther make himself Debtor to acknowledg your deservings in the best manner that he can and the more because you use the greater modesty in not pretending any thing or reward Put therefore to effect your holy and honourable purposes and regard your health And to conclude I offer my self to you heartily and desire you all good and happy success At your Service N. Card. Di. Como Rome January 30th 1584. All this he confessed before the Lord Hunsdon Sir Christopher Hatton and Sir Francis Walsingham all three of the Privy Council he acknowledged his Fault and begged Pardon for the same by his Letters to the Queen to Burleigh and Leicester His LETTER to the Queen as Foulis relates it was as followeth Parry's Letter to Queen Elizabeth Foulis Hist lib. 7. cap. 4. f. 341. YOVR Majesty may see by my voluntary Confession the dangerous Fruits of a discontented Mind and how constantly I pursued my first conceived Purpose in Venice for the Relief of the afflicted Catholicks continued it in Lyons and resolved in Paris to put it in adventure for the Restitution of England to the antient Obedience of the See Apostolick You may see withal how it is commended allowed and warranted in Conscience Divinity and Policy by the Pope and some great Divines though it be true or likely that most of our English Divines loss practiced in Matters of this weight do utterly mislike and condemn it The enterprize is prevented and Conspiracy discovered by an honourable Gentleman my Kinsman and late familiar Friend Mr. Edmond Nevil Privy and by solemn Oath taken upon the Bible Party to the Matter whereof I am heartily glad but more sorry in my very Soul that ever I conceived or intended it how commendable and meritorious soever I thought it God shame him and forgive me who would not now before God attempt it if I had Liberty and Opportunity to do it to gain your Kingdom I beseech Christ that my Death and Example may as well satisfie your Majesty and the World as it shall glad and content me The Queen of Scotland is your Prisoner let her be honourably intreated but yet surely guarded The French King is French you know it well enough you will find him occupied when he should do you Good he will not loose a Pilgrimage to save you a Crown I have no more to say at this time but that with my Heart and Soul I do now honour and love you am inwardly sorry for my Offence and ready to make you amends by my Death and Patience Discharge me a Culpa but not a Paena good Lady And so farewel most Gracious and the best Natured and Qualified Queen that ever lived in England From the Tower the14th of Feb. 1584. William Parry Some short time after he was arraigned at the Kings-Bench-Bar in Westminster-Hall Parry's Arraignment and Confession and confessed himself Guilty and when his Confession was recorded and Judgment demanded against him Hatton thought it necessary for the Satisfaction of the Multitude that were present that his Crime should be clearly and fully represented out of his own Confession which Parry acknowledged to be voluntary and prayed the Judges that he might read it Himself But the Clerk of the Crown read both it and also Cardinal Como's Letter and Parry's own to the Queen to Burleigh and to Leicester which he confest to be the very Letters themselves yet did he deny that ever he was resolved to Kill the Queen Being now commanded to speak if he had any thing to say why Judgment should not be given against him he answered perplexedly as if he were troubled in Conscience for the foul Fact he had undertaken I see I must die because I have not been constant to my self Being will'd to declare more plainly what he meant My Blood said he be amongst you Sentence of Death being pronounced he in a Fury cited the Queen to the Judgment-Seat of God. He was executed in the Palace-Yard he said he was never fully resolved in his Mind to take away the Queens Life and then died without in the least commending himself to God. So let all the Enemies of Jesus Christ and his Gospel perish These Plots and Conspiracies produced the said two Acts before mentioned the one for Provision to be made for the Security of the Queens Majesties Person and the Continuance of the Realm in Peace by which the said Association was confirmed The other Act against Jesuits Seminary Priests who would ground any Villanous Plots and Designs upon the Bull of Pius Quintus The former of which Acts of Parliament followeth in these Words as it is in Rastal 27 Eliz. cap. 1. Rast Stat. 2. part f. 283. An Act for Provision to be made for the Surety of the Queens Majesties most Royal Person and the Continuance of the Realm in Peace Treason in any Successor or other for them to take away the Queens Life And in case it happens to be tried notwithstanding the Succession and their Issues utterly excluded from the Crown FOrasmuch as the good Felicity and Comfort of the whole State of this Realm consisteth only next under God in the Surety and Preservation of the Queens most excellent Majesty And for that it hath manifestly appeared that sundry wicked Plots and Means have of late been devised and laid as well in forreign Parts beyond the Seas as also within this Realm to the great endangering of Her Highness most Royal Person and to the utter Ruine of the whole Common-Wealth if by Gods merciful Providence the same had not been revealed therefore for the preventing of such great Perils as might hereafter otherwise grow by the like detestable and devilish Practices at the humble Suit and earnest Petition and Desire of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same Parliament Be it enacted and ordained if at any time after the end of this present Session of Parliament an open Invasion or Rebellion shall be had or made into or within any of Her Majesties Realms
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
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
Estates in her quarrel The Earls of Bath and Suffolk raised Forces and joyned with her so did the sons of the Lord Wharton and Mordant Hist Ref. 2. pt lib. 2. p. 237 238 239 240 242 245. with many more the Council raised Forces too but her numbers encreasing greatly and she growing very strong the Council laid down and submitted and the 10 th of July 1553 Proclaimed her Queen the 3 d of August in the same year she entred London and was setled in the Throne without effusion of Blood. A wonderful Mercy to her What returns to God Almighty the Author and to the Suffolk men the Instruments hereof Why the first thing was secret consultations for the overthrowing the Reformed Religion and introducing the Popish however there must be something externally done that may induce people to believe the contrary and therefore August the 12 th the Queen declares in Council that altho' her Conscience was stayed in the matters of Religion yet she was resolved not to compel or strain others otherwise than as God should put into their hearts a perswasion of that truth she was in and this she hoped should be done by the opening his word to them by Godly Learned and Vertuous Preachers And well she kept this Declaration for the next thing that she did was to inhibit all Preaching so that they were like to be prevail'd with by Preaching to be of the Queen's Perswasion But let us see how the Norfolk and Suffolk men were requited for their kindness to her in hazarding their Lives and Estates if not their Souls for her why Queen Mary's Requital they of the Protestants presuming upon what they had merited Hist Ref. 2. pt lib. 2. p. 246 247. and the Queen's promise to them took the Liberty to Preach notwithstanding the Queen's Inhibitions and she writes to have a strict Execution of her injunctions against any that should Preach without License they upon this apply themselves to her to put her in mind of her promise This was thought insolent and she return'd no other answer A Popish Head of a Protestant Church but that they being Members thought to rule her who was their Head but they should learn the Members ought to obey the Head and not to think to bear rule over it and as an instance of it she ordered one of them whose name was Dobb to stand three daies in the Pillory and afterwards the Suffolk men were the first in her Reign that tasted of the burning for Heresie Neither was she any kinder to Judge Hale who was the only Judge of the twelve that declared for her for he in his charge in the Circuit in Kent requiring an Execution of the Laws made in King Edward's Days which were still in force and unrepealed was first committed to the Marshalsea afterwards to the Fleet where being distracted attempted to have killed himself with a Pen-knife and being afterwards upon his submission discharged never came to his Wits but drowned himself from these things it was then said with a great deal of truth The Case of the Bishop of London Magdalen Colledge the Judges Holloway and Powel and the Officers in the Army in the Reign of James the 2d Hist Ref. part 2. f. 252. 1 Mar. ca. 1. Rast Stat. f. 1066. Keble 708. This takes away all Treasons made so by Act of Parliament after 25 E. 3. and restrains it to 25 Ed. 3. this done in favour of the Papists who were made Traitors by several Acts of Parliament as appears from very late instances that no merits or services can secure any from the cruelties of the Popish Religion These things together with Imprisoning divers of the Protestant Bishops and Ministers of Parishes were done from her entrance in July to October following in the which Month she was Crowned and having before summoned a Parliament the same opened the 10 th day of the same Month of October according to Doctor Burnet but the 5 th of October according to Rastal and Keeble's Statutes In the first Session of this Parliament a Law was made to repeal and take away certain Treasons Felonies and Premunires introduced with a most specious Preamble which is this Forasmuch as the State of every King Ruler and Governour of any Realm Dominion or Commonalty standeth and consisteth more assured by the love and favour of the Subjects towards their Soveraign Ruler and Governor then in the dread and fear of Laws made with rigorous pains and extream punishments for not obeying their Soveraign Ruler and Governors and Laws also justly made for the preservation of the Common-Weal without extream punishment or great Penalty are more often for the most part obeyed and kept then Laws and Statutes made with great and extream punishment and in special such Laws and Statutes so made whereby not only the ignorant and rude unlearned people but also learned and expect people minding honesty are often and many times trapped and snared yea many times for words only without fault or dred done or perpetrated The Queens Highness most Excellent Majesty calling to remembrance that many as well honourable as Noble Persons as others of good Reputation within this her Graces Realm of England have of late for words only without other Opinion Fact or Deed suffered shameful death not accustomed to Nobles her Highness therefore of her accustomed Clemency and Mercy minding to avoid and put away the occasion and cause of like chances hereafter to ensue trusting her loving Subjects will for her Clemency to them shewed love serve and obey her Grace the more heartily and faithfully then for dread or fear of pains of body is content and pleased that the severity of such like extream dangerous and painful Laws shall be abolished adnulled and made frustrate and void Then Repeals actually all Laws that made any thing high Treason but what is so made by the 25 th of Edward the 3 d except such as had incurr'd any guilt before the last day of September then last past or were excepted in her Highness Pardon and also repeals all Felonies and Premunires made so since the 1 st of Henry the 8 th O Blessed Preamble O Blessed Law full of Mercy full of Kindness but to whom To all her loving Subjects Who are they the Protestants No by no means they are Hereticks To none but those of her own Communion who must necessarily have been guilty of the Breach of those Laws and it was therefore necessary to repeal them that they might become serviceable in carrying on Popish Designs That the Protestants were not intended it 's plain by the Exception and the severe usage of them afterwards to make way for which in the Second Session of that Parliament after she had got her 1 1 Mar. Sess 2. ca. 1. Rast Stat. f. 1067. Title setled by Act of Parliament the next thing she aimed at and obtained was an 2 2 Mar. ca. 2. Rast Stat. f. 1068. Keble
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
his submission having most religiously vowed his Fidelity and Obedience to the Queen pardoned He having at the earnest solicitations of Saunders an English Priest and Allen an Irish one both of them Doctors in Divinity gotten a little Money of the Pope the Authority of a Legate granted to Saunders a consecrated Banner and Letters of recommendation to the Spaniard went to Spain and thence into Ireland where he landed the first day of July with those two Romish Priests three Ships and a small body of men who were all soon disperst and Fitz Morris slain There is one story relating to this Rebellion that for the Cruelty of it I can't let pass As soon as the Lord Deputy had certain intelligence of Fitz-Morris his being landed he commanded the Earl of Desmond and his Brothers jointly by Henry Davil an English Gentleman and a stout Souldier and very familiar with the Desmonds that they should forthwith assault the Fort which when they shifted off as a thing full of Danger Davil departed in order to obey the Deputy's Commands and John Desmond followed after him at Trally a small Town he overtook him at his Inn and in the dead of the night having corrupted his Host broke into his Chamber with certain Cut-Throats having their Swords drawn where Davil slept securely with Arthur Carter Lieutenant to the Marshal of Munster a stout old Soldier but being awakened with the noise when he saw John Desmond in the Chamber with his Sword drawn he raised himself up saying what 's the matter my Son for so he was wont familiarly to call him I will no longer be thy Son says he nor shalt thou be my Father thou shalt dye and therewithal they slew both him and Carter that lay with him stabbing them in many places after that Davil's Lackey by interposing his naked body had done the best he could for a while to defend his Master and had receiv'd some wounds then he slew all Davil's Servants one after another who were lodged here and there in several Chambers and so returning all begored with Blood he boasted amongst the Spaniards of the Murther And let this said he be a pledge to you of my faithfulness towards you and the * They were then ingaged in a Conspiracy for the Subversion of the Protestant Religion Desmond carries on the Rebellion Camb. Annals f. 238 239 240. Baker's Chron. f. 355. Cause you are ingaged in This Fact Sounders commended as a sweet Sacrifice in the sight of God. This may be a warning to all Protestants how they enter into any familiar Friendship with Papists or trust them seeing when they butcher them they think they do God good Service and offer up their Blood to him as an acceptable Sacrifice and seeing that 't is their avowed Principle that no Faith is to be kept with Hereticks as they esteem Protestants of all perswasions to be This Rebellion ended not with John Fitz-Morris but was after his death carried on by John Desmond and notwithstanding the Earl of Desmond had promised Drury then Lord Deputy his fidelity and obedience to the Queen and bound himself by Oath that both himself in person and his would serve her against the Rebels yet he afterwards pulled off his Vizzard and openly went over to the Rebels and the Lord Deputy dying and the Council of Ireland having made Sir William Pelham Justicer of Ireland he admonished the Earl of Desmond and demanded the delivery up of Saunders the Foreign Souldiers and the Castles of Carigo Foyle and Asketten but he refusing was Proclaimed a Traytor and guilty of High Treason for having dealt with Foreign Princes for the Conquest and Destruction of his Native Country reliev'd Saunders and James Fitz-Morris Rebels harboured the Spaniards which escaped out of the Fort at Smerwick hanged up divers faithful Subjects displayed the Pope's Banner against the Queen and brought Foreigners into the Realm And then the Lord Justicer committed the prosecution of the whole War to Ormond which he prosecuted so vigorously that this Desmond and his Brethren were forced to lurk and hide their heads yet they added so much Popish Impudence to their former base Treachery and Perfidiousness that they signified to the Lord Justicer in a long Letter that they had undertaken the protection of the Catholick Faith i. e. Popery in Ireland and that by Authority from the Bishop of Rome and direction of the Catholick King i. e. the King of Spain and therefore they do kindly advise him to joyn with them in so pious and meritorious a Cause for the Salvation of his own Soul O horrid Impiety To make the committing Treason Rebellion Murder Rapine and all manner of Cruelties to be the direct way to Heaven Camb. Annals f. 241 and 256. Another Conspiracy in Ireland for the destruction of the Protestant Religion Arthur Lord Grey in the year 1580 being made Lord Deputy of Ireland after a great deal of blood spilt happily supprest that Rebellion which he had no sooner done but another dangerous Conspiracy was detected and crusht in the Bud for divers of Noble Families in Lemster most of them descended of English Blood partly out of Affection to the Romish Religion and partly out of hatred against the new English had conspired together to surprize the Lord Deputy with his Houshold to take the Castle of Dublin at unawares where all the Provision for War lay and to put the English in Ireland every man to the Sword And so close they were in carrying on their Conspiracy that they never confer'd or discoursed about it more than two and two together But amongst so many that were privy to it it came at last to light and was by the Execution of a few timely prevented Colledges framed abroad fâ—r breeding up Seminary Priests to be sent hither to alienate the hearts of the Queens Subjects from her Camb. Annals f. 244 245. Baker's Chron. f. 356. These Plots and Conspiracies not answering the Designs of the Papists To the intent that they might the more effectually carry on their Treasons and Conspiracies for the future in order to the Extirpation of the Protestant Religion out of the Queen's Dominions and the introducing Popery in its room They thought it very necessary to alienate the Hearts of the Queen's Subjects from her by the secret and crafty insinuations of Priests and Jesuits and that they might be furnisht with enough for that end even of the Queens own Subjects certain English Priests who had fled into the Netherlands for their Treasons committed here by the procurement of the Romish Party formed themselves into a Collegiate Form of Government at Doway and to these the Pope allowed a yearly Pension But Tumults arising in the Low Countries and the English Fugitives being commanded by the King of Spain's Deputies to depart from thence other the like Colledges for the training up of the English Youth were erected one at Rheimes by the Guises and another at Rome by Pope
Wade the Clerk of the Councel by putting together these torn pieces of Paper with much pains and singular Dexterity discovered the Design Their spight was all at the Queen and the better to procure her ruin Martins Book against the Queen Foulis Hist l. 7. cap. 4. f. 338. there was a little Book composed and called a Treatise of Schism which amongst other things exhorted the Women at Court to Act the same against the Queen as Judith had done with Commendation against Holosernes The Author of this pernicious Pamphlet was one Gregory Martin formerly of St. Johns Colledge in Oxford and Contemporary with Campian The Duke of Norfolk made him Tutor to his eldest Son and indeed his Learning was noted being a good Linguist and one who had read much but in his writing he was very passionate and so sometimes inconsiderate One * Carter Prints Martins Book Concertat Eccles Cathol Angl. part 2. f. 127. c. Ruston de Schism Angl. l. 3. William Carter who had formerly been Amanuensis to Dr. Harpesfield one of Bishop Bonners Creatures and was now the chief Printer for the Romanists keeping two Presses at their Devotion gets this Book commended by Allen and Prints above a thousand for which he is tryed confesseth the Printing it vindicateth all is contained in it is condemned and executed and hath the Honour to be registred amongst their Martyrs By reason of these Treasons before mentioned as also upon occasion of Rumors from all parts that great Dangers were at hand and threatned to prevent the wicked Designs The Subjects of England Associate and Treacherous Practices of the Papists and to provide for the Queens safety upon which the Welfare both of the Realm and Religion depended many Men of all Degrees and Conditions throughout England by Leicesters means and out of their own publick Care and Love whilst they stood not in Fear of her but were full of Fear for her bound themselves in an Association by mutual Vows Subscriptions and Seals to prosecute to the Death as far as lay in their Power all those that should Attempt any thing against the Queen Upon which the Parliament meeting on Munday 23 d. Day of November 27 El. A Bill was in this Sessions brought into the House of Commons for Provision to be made for the Surety of the Queens Majesties Royal Person and the continuance of the Realm in peace and for confirming the said Association There was also in this Session of Parliament another Bill brought into the House of Commons against Jesuits Seminary Priests and other disobedient Persons and one William Parrey by Nation a Welshman born of obscure Parentage and of mean Estate by Title a Doctor of the Law though but indifferently Learned a Man exceeding proud Camb. Annals f. 305. D' Ewes his Journal f. 340 341 342. Bakers Cron. f. 364. Parry's contempt to the House of Commons when this Bill was read the third time which was Decemb. the 17th 1584. and with little or no Argument passed the House in very violent Terms spake directly against the whole Bill standing up for the Jesuits and pleading that the said Law svoured of Treasons was full of blood danger despair and terror or dread to the English Subjects of this Realm but refused to give his Reasons to the House or any other but the Queen for which he was committed to the Serjeants Custody till the House considered of his Crime and being called in again and he persisting in his contempt It was resolved that for that he did speak to the Bill and gave his Neggative voice so directly and undutifully and in contempt of the House would not shew his Reasons for the same being against the ancient Orders and Usage of that High Court and not for that he said he would shew them only to be discovered to her Majesty he should be committed to the Serjeants Ward till the Matter should be farther Examined On the 18th of December the Queen sent a Message to the House approving and commending what they had done in this matter and letting them know that Doctor Parry had been examined and made a discovery partly to the satisfaction of her Majesty and therefore desired that upon his humble submission and acknowledgement of his fault he might be dispensed with which was accordingly done But Feb. the 18th being in the Tower for Treason was disabled from being longer a Member of the House of Commons Parry's Treasonable Conspiracy for taking away the Queens Life Camb. Annals f. 306. Foulis Hist l. 7. ca. 4. f. 338. D' Ewes Journal f. 350. This very Parry when he got to be Parliament man was a Papist and afterwards accused by Edmond Nevil who claimed the Inheritance of Charles Nevil late Earl of Westmorland one of the Ring-leaders in the forementioned Plot in the North who a little before ended his Life in a Miserable Exile and the Title of Lord Latimer as next Heir Male to have been ingaged in a secret design for taking away the Queens Life This Parry had been pardoned formerly by the Queen of a Burglary and Assault for which he was Tryed and Condemned and to requite her enters into a Conspiracy to take away her Life which he being resolved to do and being then beyond Seas comes forthwith for London and the better to get access to the Queen and credit with her resolves to discover how he had been perswaded to kill her which he doth at White-Hall as cunningly as he can The Queen gave him the hearing and began to put some confidence in him He afterwards engageth the said Mr. Nevel in the design who declared himself convinced of the lawfulness and braveness of the Action so they both swear in Parry's Lodgings Secrecy to kill her yet all this while Parry carried it so fair with the Queen that She not only thought him a trusty Loyal Subject but intended him a liberal Pension or Allowance Foulis Hist l. 7. c. 4. f. 141. Whilst he thus gets esteem with the Queen and at the same time contrives her death Nevil resolves to discover all doth so and is examined by Leicester and Sir Christopher Hatton the Queen wonders at the juggle and contrivance but had it kept secreet And the better to find out the Plot Parry is sent for by Secretary Walsingham to his house there to see if he would any way confess this who had shewed himself soreedy on his own head to discover the Foreign de-signs against her Majesty The Secretary entertains him kindly telling him that the Queen had appointed him to deal with him in a Matter that highly concerned her Majesty knowing him to be one who bore an extraordinary devotion to her the Matter was the Queen had been advertized that there was some Plot in hand against her own Person wherewith she thought he could not but be made acquainted considering the great trust that some of her greatest Enemies reposed in him of this she desired to
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
Vsurper Obstinate and Impenitent and so no good to be expected unless she be deprived Therefore Pope Sixtus Quintus moved by his own and his Predecessors Zeal and the vehement Desire of some principal English-men hath used great Diligence with divers Princes especially with the Spanish King to use all his Force that she might be turned out of her Dominions and her Adherents punished And all this for good Reasons Because she is an Heretick Schismatick is excommunicated by former Popes is Contumacious Disobedient to the Roman Bishop and hath taken to her self the Ecclesiastical Jurisdiction over the (a) No such thing Souls of Men. Because she hath against all Law and Right usurped the Kingdom seeing none forsooth must be Monarchs of England but by the Leave and Consent of the Pope Because she hath committed many Injuries Extortions and other Wrongs against her Subjects Because she hath stirred up Sedition and Rebellion between the Inhabitans of Neighbouring Countries Because she hath entertained (b) What did the Pope and Spaniard do Fugitives and Rebels of other Nations Because she sent and procured the (c) A Slanderous Vntruth Turk to invade Christendom Because she persecuted the English Romanists Cut of the (d) And very justly as appears by the Relation before given Queen of Scots and abolished the Roman Religion Because she hath rejected and excluded the Antient Nobility and promoted to Honour obscure People (e) A damn'd Lye. and also useth Tyranny Wherefore seeing these Offences some of them rendring her uncapable of the Kingdom others unworthy to live His Holiness by the Power of God and the Apostles reneweth the Censure of Pius V. and Gregory XIII against her excommunicates and deprives her of all Royal Dignity Titles Rites and Pretences to England and Ireland declares her illegitimate and Vsurper of the Kingdom and absolves all her Subjects from their Obedience and Oaths of Allegiance due to her So he commandeth all under Pain and Penalty of Gods Wrath to yield her no Obedience Aid or Favour whatsoever but to employ all their Power against her and to Joyn themselves with the Spanish Forces who will not hurt the Nation nor alter their Laws nor Priviledges only punish the wicked (f) Protestants he means Hereticks Therefore by these Presents we declare that it is not only Lawful but Commendable to lay Hands on the said Usurper and other her Adherents and for so doing they shall be well rewarded And lastly to all these Roman Assistants is liberally granted a Plenary Indulgence and Remission of all their Sins The Queen to defend her self set forth a good Fleet of Ships Queen Elizabeths Preparation to defend her self Camb. Annal. f. 405. under the Command of Charles Lord Howard of Effingham Lord High Admiral and Drake Vice-admiral she prepared two Armies one of one thousand Horse and twenty two thousand Foot under the Command of the Earl of Leicester The other of thirty four thousand Foot and two thousand Horse under the Command of the Lord Hunsdon And the Nation being jealous of the Papists the Queen was perswaded to commit divers to Wisbich Castle but could not be prevailed upon to execute any one not so much as a Priest notwithstanding the severe Laws then in being against them and this great Preparation made against her for the Conquering of England and the bringing in of Popery The Papists seeing such Preparations made by the Queen A Trick of the Spaniards Camb. Annals l. 3. f. 407 408 409 410. set on foot a Treaty for Peace and in February Commissioners went into Flanders and the 12 th of April 1588 the Spanish Commissioners met the English near Ostend and the Treaty was carried on by the Spanrards with design if possible to make England secure and so to surprise them for they dallied with the English till the Spanish Fleet was come upon the Coast of England and the Thundring of the Ordinance was heard from the Sea. The 21 st of May 1588. the Spanish Fleet set sail out of Tayo The Spanish Fleet at first disperst by Tempest Camb. An. from 411. to 418. The Fleets engage The Spaniard beaten and was totally scattered and disperst by a very great Tempest but being come together again the 12 th of July the whole Fleet set Sail again and the 21 st both Fleets engaged and after four several Sea-fights the First the 21 st the Second the 23 d. the Third the 25 th and the Last on the 27 th or 28 th of July thy Spanish Fleet the last Day of the same Month was driven Northwards and machischeir Escape by Flight This great Armada which had been three Years in Riggâ—â—g and Preparing with infinite Expence was within a Months space four times fought with and at the last overthrown with the Slaughter of many Men not an Hundred of the English being missing and but one Ship lost and after it had been driven round about all Brittain by Scotland the Orcades and Ireland grievously tossed and very much distressed impaired and mangled by Storms and Wrecks and indured all manner of Miseries at length returned Home with Shame and Disgrace The Prince of Parma never joyned them for which he was sufficiently reviled by the Spaniards As for Cardinal Allen he was born in Lancashire of good Parentage Foulis Hist l. 7. cap. 6. f. 351 352. Camb. Annals f. 490. Bakers Chron. f. 381. was bred up at Oxford in Oriel Colledge where he was Proctor was prefered to a Cannonship in York In Queen Elizabeths Days he quitted England became a Pensioner to the Spaniard to carry on whose Designs against his Queen and Country he was very industrious for which Service Sixtus V. created him a Cardinal 1587. and he died at Rome 1594. Oct. 16. He hath told us himself who were the chief Promoters of this Invasion as Mr. Foulis tells us and quotes for it Quodlibets Pag. 40 41 57. his own Words as he relates it are these The King of Spain at length as well by his Holiness's Authority and Exhortations as by his own unspeakable Zeal and Piety moved also not a little by my humble and continual Suit together with the afflicted and banished Catholicks of our Nation of all and every Degree who have been by his special Compassion and Regal Munificency principally supported in this our long Exile hath condescended at last to take upon him this so holy and glorious an Act c. And then proceeds to encourage nay and threaten too the English to take up Arms against their Queen and to joyn with the Spaniards and other Invaders If you will avoid the Popes the Kings and other Princes high Indignation let no Man of what Degree soever obey abet aid defend or acknowledge her c. Adding That otherwise they should incur the Angels Curse and Malediction and be as deeply excommunicated as any because that in taking her part they should fight against God against their Lawful King (a)
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