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
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
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
after fear to enter into any cogitation to attempt the like Barbarous and detestable Treasons that the Convictions and Attainder of the said Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes Thomas Bates and Sir Everard Digby might be confirmed which was confirmed by Authority of Parliament accordingly and then it was Enacted that as well the said Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes Thomas Bates and Sir Everard Digby as also the said Robert Catesby Thomas Piercy John Wright Hugh Owen and Francis Tresham should be attainted of High Treason and forfeit as in Cases of High Treason according to their several and respective Convictions and Attainders When the Parliament had thus first acknowledged Gods goodness in this deliverance and made the said Act of Attainder The consideration of the Treachery and Villany of this Gun-Powder-Plot undertaken under the pretence of maintaining and restoreing Popery engaged the State to consult the preservation of the Government and the Protestant Religion and considering the furious Zeal and wicked Principles of the Papists in affirming the lawfulness of deposing and killing all Heretical Kings and such they esteem all Protestant Kings to be that the Pope had Power to deprive Temporal Princes absolve Subjects from their Obedience and such-like Villanous Positions with the many wicked Practices against the Crown and Life of Queen Elizabeth and King James Upon these and such like considerations after several serious deliberations and consultations in Parliament to prevent the like mischiefs they thought fit to draw up a solemn Oath whereby every one should Abjure such Treasonable Doctrines and Swear for the future to behave themselves as became good Subjects which Oath was this The Oath of Allegiance Anno Tertio Jacobi primi Foulis Hist. l. 10. c. 2. f. 522. I A. B. Do truly and sincerely acknowledge profess Testifie and Declare in my Conscience before God and the World that our Soveraign Lord King is Lawful and is Rightful King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King. Or to dispose any of his Majesties Kingdoms or Dominions Or to Authorize any Forreign Prince to Invade or annoy him or his Countries Or to discharge any of his Subjects of their Allegiance and Obedience to His Majesty Or to give License or leave to any of them to bear Arms raise troubles c. Or to offer any Violence or Hurt to his Majesties Royal Person or Government or to any of his Majesties Subjects within his Majesties Dominions As also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bare Faith and true Allegiance unto his Majesty his Heirs and Successors And him and them will defend to the utmost of my Power against all Conspiracies and attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by Reason or Colour of any such Sentence or Declaration or otherwise And will do my best endeavour to disclose and make known unto His Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further Swear that I do from my Heart Abhor Detest and Abjure as Impious and Heretical this damnable Doctrine and Position that Princes which be Excommunicated or deprived by the Pope may be Deposed or Murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved that neither the Pope or any Person whatsoever hath Power to Absolve me of this Oath or any part thereof Which I acknowledge by good and full Authority to be Lawfully Ministred unto me And do Renounce all Pardons and Dispensations to the Contrary And all these things I do plainly and sincerely acknowledge and Swear according to the express Words by me spoken according to the plain and common sence and understanding of the same words without any Equivocation or Mental Evasion or Secret Reservation whatsoever And I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God. A. B. Unto which Oath so taken the said Person shall subscribe His or Her Name or Mark. The Papists lookt upon the (a) Cecil Earl of Salisbury principal Secretary of State to be the chief promoter of the Oath of Allegiance and therefore used all their endeavours to deter him from Prosecuting it thinking that if they could take him off these Parliamentary transactions would fall to the ground they therefore sent the following Letter to him viz. My Lord VVHereas the late unapproveable and must wicked design The Papists threatning Letter to the Earl of Salibury Foulis Hist l. 10. c. 3. f. 521. for destroying of his Majesty the Prince and Nobility with many other of worth and quality attempted through the undertaking Spirits of some more fiery and turbulent then Zealous and dispassionate Catholics hath made the general State of our Catholic Cause so scandalous in the Eye of such whose corrupted Judgments are not able to fan away and sever the fault of the Professor from the profession its self as that who now is found to be of that Religion is persuaded at least in mind to allow tho God knoweth as much abhoring as any Puritan whatsoever the said former most inhumane and Barbarous project And whereas some of His Majesties Councel but especially your Lordship as being known to be as the Philosopher termeth it a Primus Motor in such uncharitable proceedings are determined as it is feared by taking advantage of so foul a scandal to root out all the Memory of Catholic Religion either by suddain Banishment Massacre Imprisonment or some such unsupportable vexations and pressures and perhaps by decreeing in this next Parliament some more cruel and horrible Laws against Catholics then already are made In regard of the premises there are some good Men Good men and Roman Catholics who through their earnest desire for the continuing the Catholic Religion and for saving many Souls both of this present and of all future posterity are resolved to prevent so great a mischief tho with a full assurance aforehand of the loss of their dearest Lives You are therefore hereby to be admonished May Murther Privy Councillors that at this present there are Five who have severally undertaken your Death and have vowed the performance thereof by taking already the Blessed Sacrament if you
be effected so long as the Jesuits Seminary Priests and other Priests were tollerated here for it hath been observed by some with a great deal of Truth that there was never yet a Plot against the Government but the Popish Priests had their share in it It was therefore thought necessary to follow the example of Swedeland the State of Venice and other Countries who have banisht the Jesuits and wisely to carry it a little further and banish Priests too they being such Disturbers of the State which was accordingly done by 27. Eliz. cap. 2. But least the Papists should again object against the Authorities I cite for the History of the Fact I shall here insert the very Words of their Secular Priests in their important Considerations whereby the truth of the Fact is Confest the Words are these About the time of the overthrow of the Popes Forces in Ireland The Secular Priests confess the truth of all the foregoing Account Collect. f. 44. The Popes Plot with King of Spain and Duke of Guise Mendoza his Holiness by the false instigation of the Jesuits plotted with the King of Spain for the assistance of the Duke of Guise to enterprize upon the sudden a very desperate design against Her Majesty and for the Delivery and advancement to the Crown of the Queen of Scotland For the better asserting whereof Mendoza the Jesuit and Ledger for the King of Spain in England set on work a worthy Gentleman otherwise one Mr. Francis Throckmorton and divers others And whilst the same was Contriving as afterwards Mr. Throckmorton himself Confessed 1584 the Jesuitical humour had so possessed the hearts of sundry Catholics as we do unfeignedly rue in our hearts the remembrance of it and are greatly ashamed that any Person so intitl'd should ever have been so extreamly bewitched Two Gentlemen about that time also viz. Anno 1583. Mr. Arden and Mr. Somervil were convicted by the Laws of the Realm Throgmortons Confession you have Printed Camb. Annal l. 3. f. 297. Arden and Somervil Dr. Parry Earl of Northumberland for having purposed and contrived how they might have laid violent hands upon Her Majesties sacred Person Mr. Somervils Confession therein was so notorious as it may not be either quallified or denied And Dr. Parry the same Year was plotting with Jesuits how he might have effected the like Villany How the worthy Earl of Northumberland was about this time brought into the said Plot by the Duke of Guise then still in hand we will pretermit Mr. Parsons that was Actor in it could tell the Story very roundly at Rome it wrought the Earls overthrow in 1585 which may justly be ascribed to the Jesuitical Practices of the Jesuite Mendoza and others of that Crew They mentioned several other Treasons which I shall not here take Notice of but reserve them till I come to give the further Account of their Treasons and only set down the Conclusion of this Paragraph These things say they we would not have touched had they not been known in effect to this part of the World and that we thought it our Duties to shew our own dislike of them and to clear Her Majesty so far as we may from such imputations of more then barbarous Cruelty towards us as the Jesuits in their Writings have cast by Heaps upon her They themselves as we still think in our Consciences and before God having been from time to time the very Causes of all the Calamities which any of us have endured in England since Her Majesties Reign which we do not write simply to excuse Her Highness altho we must Confess we can be contented to indure much rather then to seek her Dishonour but for that we think few Princes living being perswaded in Religion as Her Majesty is and so provoked as she hath been would have dealt more mildly with such their Subjects all Circumstances considered then she hath done with us Let us now see what reason can be given for making the rest of the Penal Laws that were made against the Papists in this Queens Reign The Earl of Arund tryed and fined only Camb. Annals f. 330. He was in 1589. tryed for high Treason and Condemned but the Queen spared him Camb. Annals f. 424.429 The first thing I meet with remarkable after the making these Laws forementioned is the fining the Earl of Arundel 5000 pounds in 586. for holding Correspondence with Allen and Parsons the Jesuit the Queens Enemies for that publickly in writing he had questioned the Justice of the Kingdom and that he had intentions of departing the Realm without License The Earl protesting his obedience to the Queen and his Love to his Countrey modestly excused himself by his Love to the Catholic Religion and his ignorance of the Law Confessed his fault and submitted In the * Gifford Savage Ballard and others Plot to kill the Q. Camb. Annals f. 336. Foulis Hist l. 7. cap. 5. sec 1. f. 343. Bakers Chron. f. 367. same year a very dangerous Conspiracy was discovered against Queen Elizabeth in the English Seminary at Rheimes there were some who were so bigotted to the Popish Religion that they thought the Pope could by his Authority do any thing and that the aforementioned Bull of Pius Quintus for deposing the Queen was dictated by the Holy Ghost and thought it a Meritorious Act to take away her Life and doubted not of a Canonisation as Martyrs if they fell in the Attempt William Gifford Doctor in Divinity Gilbert Gifford and one Hodgson Priests did so infuse this treasonable Doctrine into the mind of one John Savage a Bastard as was reported that he readily Vowed to kill the Queen One Ballard an English Priest at Rheimes bestirs himself in England and Scotland for carrying on the Design and for that purpose prepares Disciples then goeth into France and treats with Mendoza before named Charles Paget and others about invading of England judging they could never have a fairer opportunity then at that Juncture of time forasmuch as the Pope the Spaniard the Duke of Guise and the Prince of Parma were all resolved to set upon England thereby to divert the War from the Netherlands Having delivered the Message there he returns for England to promote the design here gets to London where in a Souldiers habit under the false Name of Captain Fescue he agitates the Plot. Babington and divers other Gentlemen engaged in this design of taking off the Queen At London he discovered this Affair to one Mr. Anthony Babington of Dethick in Derbyshire a young Gentleman greatly addicted to the Romish Religion and who had in France Commenced an Acquaintance with the Bishop of Glascow the Queen of Scots Ambassador and one Thomas Morgan an English Fugitive and a busie Agent for her Babington at first was of opinion that as long as the Queen lived an Invasion would signifie little or nothing but when he understood that Savage had undertaken to remove that
Genserick and Henricus with their Arian Hereticks alluding to the State. Here we think both him and divers others that have written to the same effect very greatly to blame Sure we are that the general Cause of Religion for the which both we and they contend as oft we have said getteth no good but hurt by it and contrary to the Old saying be he never so bad yet let him have Justice tho some hard Courses have been taken by the State against us yet hath it not by many degrees been so extream as the Jesuits and that Crue have falsely written and reported of it nor indeed as they deserved Afterwards they inveigh against the Spanish Invasion against Parsons for a Book he writ and against him and Creswel for another they writ they go on thus Whilst the said Invasion was thus talked of and in preparation in Spain a shorter course was thought of Heskets Plot. it might have had success Mr. Hesket was set on by the Jesuits 1592. or thereabouts with Father Parsons consent or knowledge to have stirred up the Earl of Darby to Rebellion against Her Highness Cullen Not long after good Father Holt and others with him persuaded an Irish-man one Patrick Collen as he himself confessed to attempt the laying his violent and villanous hands upon Her Majesty Shortly after in the Year 1593. that Notable Stratagem was Plotted the whole State knoweth by whom for Dr. Lopez the Queens Physician to have Poysoned her Lopez for the which he was Executed the Year after This wicked designment being thus prevented by Gods providence the said Traiterous Jesuit York and Williams Holt and others did allure and animate one York and Williams to have accomplished that with their Bloody hands that the other purposed to have done with his Poyson we mean Her Majesties destruction Hereunto we might add the late Villanous attempt 1599. of Edward Squire animated and drawn thereto as he confessed by Wallpool that pernicious Jesuit Walpool But we must turn again to Father Parsons whose turnings and doublings are such as would trouble a right good Hound to Trace him For in the mean time that the said Traytors one after another were Plotting and Studying how best they might compass Her Majesties Death they cared not how nor by what means he the said Father Parsons so prevailed with the King as he attempted twice in two sundry Years his new Invasion meaning to have proceeded therein The Spaniard designed a Second Invasion not with such great preparation as he did at the first but only to have begun the same by taking some Port Westward Towards which he came so far onward as Silley with his Fleet. At both which times God who still hath fought for her Majesty and this Realm did notably prevent him by such Winds and Tempests as the most of his Ships and Men perished in the Sea as they were coming hitherward Furthermore the said good Father in the midst of all the said Trayterous enterprizes both at home and abroad devised and set forward by him and his Companions was ploding amongst his Papers and playing the herauld how if all his said wicked designments failed he might at the last Intitle the King of Spain and consequently the Infanta his Daughter to the Crown and Kingdom of England To which purpose he framed and after published a Book wherewith he acquainted the Students in those Seminaries in Spain and Laboured nothing more then to have their subscriptions to the said Infanta's Title therein promissing unto her their present Allegiance as unto their lawful Soveraign and that when they should be sent into their Country they should perswade the Catholics there to do the like without any further Expectation of the Queen of Englands Death As Mr. Charles Paget affirmeth in his Book against Parsons They confess in these words That the Jesuitical designments beyond the Seas Collect. 53 54. together with certain Rebellions and Traiterous attempts of some Catholics at home have been the cause of such Calamities and troubles as have happened to us far less we think then any Prince living in Her Majesties Case and so provoked would have inflicted upon us And after they tell us that divers of their Communion have owned so much I shall conclude this Reign with these words of theirs which fully justifie the making the Laws that were made in it We are fully persuaded in our Consciences and as Men besides our Learning Collect. 55 56 57. who have some experience that if the Catholics had never sought by indirect means to have vexed Her Majesty with their designments against her Crown if the Pope and King of Spain had never plotted with the Duke of Norfolk If the Rebels in the North had never been heard of if the Bull of Pius the V. had never been known if the said Rebellion had never been justified If neither Steukly nor the Pope had attempted any thing against Ireland if Gregory the Thirteenth had not renewed the said Excommunication if the Jesuits had never come into England if the Pope and the King of Spain had not practised with the Duke of Guise for his attempt against Her Majesty if Parsons and the rest of the Jesuits with other our Country-men beyond Seas had never been agents in these Traiterous and Bloody designments of Throckmorton Parry Collen York Willians Squire and such like if they had not by their Treatises and writings endeavoured to defame their Soveraign and their own Country labouring to have many of their Books Translated into divers Languages thereby to shew more their own disloyalty if Cardinal Allen and Parsons had not published the Renovation of the said Bull by Sixtus Quintus if thereunto they had not added their scurrillous and unmanly Admonition or rather most Prophane Libel against Her Majesty if they had not sought by false persuasions and ungodly Arguments to have allured the Hearts of Catholics from their Allegiance if the Pope had never been urged by them to have thrust the Kingdom of Spain into that Barbarous Action against the Realm if they themselves with the rest of that generation had not laboured greatly with the said King for the Conquest and Invasion of this Land by the Spaniards who are known to be the cruelest Tyrants that live upon the Earth If in all their Proceedings they had not from time to time depraved irritated and provoked both Her Majesty and the State with these and other such like their ungodly and unchristian practices But on the contrary if the Popes from time to time had sought her Majesty by kind Offices and gentle Persuasions never ceasing the prosecution of those and such-like courses of humanity and gentleness if the Catholics and Priests beyond the Seas had laboured continually the furtherance of those most Priest-like and Divine allurements and had framed their own proceedings in all their words and writings accordingly if we at home all of us both Priests and
The Oath of Secrecy by Word or Circumstance the Matter that shall be proposed to you to keep Secret nor desist from the Execution thereof till the rest shall give you leave After this was done every Man betakes himself to the part assigned him some to provide Money other Materials and others a place to lay the Materials in The place pitched upon for placing the Materials in was Cellars under the Parliament House which Thomas Piercy had hired for that purpose the Materials were thirty six Barrels of Gun-Powder provided in Flanders carried into the Cellar from Lambeth in the Night covered over with Wood and Coals and all provided at the Charge of the English * Sr. Everard Digby 1500 l. Mr. Francis Tresham 2000. l. Piercy 4000 l. besides others Papists who promised themselves the extirpating this Northren Heresie as they called it and introducing in its Room Popish Superstition and Idolatry as we call it and the Divines of our Church have proved it to be to the Conviction of all 〈◊〉 who will not Wilfully shut their eyes against the Light. Things being thus prepared they looked upon the King and Prince Henry as already made a Sacrifice to attone the See of Rome for the revolt that England had made from her and Percy had undertaken for the slaying the Duke of York Charles the First that there might be no ingredient in the Sacrifice wanting to make it acceptable but because it was thought necessary for a Colour to their Bloody designs to preserve the Succession the Lady Elizabeth must be spared and made Queen Foulis Hist l. 10. cap. 2. f. 507. and the Odium of blowing up the Parliament cast upon the Puritans They designed the Accomplishment of this unparallel'd Cruelty on the 5 th of November 1604. when the King and both Houses of Parliament were to meet and that very day they appointed a great Hunting Match at Dunsmore Heath near Comb the Lord Harringtons House in Warwickshire where the Lady Elizabeth was upon which pretence divers Papists were to meet well Armed in order to seize and secure her with intention to marry her to a Papist and by that means to introduce Popery To carry on their Design of fixing this Plot upon the Puritans Foulis Hist l. 10. cap. 2. f. 508. they framed a Proclamation which they got printed and ready for publishing upon the Sign given which they supprest and burnt upon the Discovery though some of them by chance came to light and were seen and read by Dr. Parker Dean of Lincoln Sir William Ellis Recorder of the said City and others And that they might gain the greater Credit with the People in this Contrivance Keys Brother-in-Law to Mr. Pickering had a few days before either borrowed or bought the Swift-horse well known in London and thereabouts of Mr. Pickering of Tich March Grove in Northamptonshire a noted Puritan whom they also designed to kill upon which Faux having fired the Match and Touch-wood leading to the Train was to escape as they bore him in Hand But O Horrid Impiety their Design was to kill him as soon as he had imbrued his Hands in so much Innocent Blood just as he was to mount the Horse as being Pickerings Man which the People would easily believe seeing the Horse was so well known to them and the Multitude once perswaded of this would be more facile to joyn with them under notion of doing Justice upon such supposed Traitors and Wretches They also consulted how to keep the Romish Lords from going that Day to Parliament the better to strengthen their Cause by their Preservation But in the heighth of all their Hopes and Expectations a Discovery is made thus The Manner of the Discovery some of them supposed by Monteagle to be Piercy but Bishop * Answer to Sir Anthony VVeldon's Court of King James p. 73. M. S. Goodman saith it was Tresham who writ the Letter having a great Affection to the said Lord Monteagle Son and Heir to the Lord Morley had a mind to preserve him from the intended Slaughter So one Evening a Letter Sealed is delivered in the Street the Strand by an unknown Fellow to one of the Lords Foot-men charging him to deliver it with Care to his Lord. Monteagle opens it finds it without Date and Subscription writ with a very bad Hand and in a Stile he knew not what to make of The Letter was this My Lord OVT of the Love I bear to some of your Friends I have a care of your Preservation Foulis Hist l. 10. cap. 2. f. 508. Wilson's Hist f. 30. therefore I would advise you as you tender your Life to devise some Excuse to shift off your Attendance this Parliament for God and Man have concurred to punish the Wickedness of this time And think not slightly of this Advertisment but retire your self into your Country where you may expect the Event in Safety for though there be no Appearance of any stir yet I say they shall receive a terrible Blow this Parliament and yet they not see who hurts them This Councel is not to be contemned because it may do you good and can do you no harm for the Danger is past as soon as you have burned this Letter and I hope God will give you the Grace to make good use of it to whose Holy Protection I commend you Monteagle wondred at the Letter and its Delivery and thinking it might relate to some Mischief thought it his Duty to make it known so away he goeth to White-Hall shows it to the Earl of Salisbury then Secretary of State who tells some other of the Privy Council of it and the King being returned from his Hunting at Royston they delivered it to him His Majesty having seriously considered it and all other Circumstances concluded that it might relate to some Design to blow up the Parliament and in this Jealousie ordered the Rooms and Vaults about the House to be searched which was done the Night before the Session when in the aforesaid Cellar under the Lords House were found the Barrels of Powder and at the Door standing Guido Faux booted and Spurred with a large dark Lanthorn now to be seen in Oxford Library with Matches Tinder-Box and other Materials for his Design Faux was presently carried to Court and examined where he appeared sturdy and scornful maintaining the Design to be lawful that James was not his King because an Heretic was sorry that the Plot failed and that he had not blown up the House with himself and those that were sent to search affirming that God would have had the Plot concealed but it was the Devil who revealed it at last Faux himself confest all that he knew of the Treasons Thus far discovered the King suspecting some Commotions or Risings sent with all speed to prevent them by timely Notice by Lepton and others This was that Mr. John Lepton of Yorkshire who rid so often betwixt London and York