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A22060 A proclamation published vnder the name of Iames King of Great Britanny. With a briefe & moderate answere therunto. Whereto are added the penall statutes, made in the same kingdome, against Catholikes. Togeather with a letter which sheweth the said Catholikes piety: and diuers aduertisements also, for better vndersatnding of the whole matter. Translated out of Latin into English; Proclamations. 1610-06-02 England and Wales. Sovereign (1603-1625 : James I); James I, King of England, 1566-1625.; Cresswell, Joseph, 1556-1623, attributed name.; Walpole, Michael, 1570-1624?, attributed name. 1611 (1611) STC 8448; ESTC S119940 92,335 142

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the meanes instruments outward signes of Christian Piety As for example the Sacrament of Confession the vse of Agnus Dei of Rosaries of Medals holy Images other such like thinges are condemned as Actes of Treason yea a Priest is made Traitor for onlie his function without anie other crime The words of the Law are these What Iesuit soeuer Priest or Deacon hauing taken holy Orders by Authority of the Bishop (G) Without this Authority there is no spirituall Clergy which is in fauour of Ministers wiues children otherwise their marriage were not lawfull of Rome that from henceforth presume to enter into this Realme ipso facto shal be guilty of high Treason and subiect to 2. The Church-wardens and Constables of euery Towne and Parish or the chiefe Constable of the Hundred shall once euery yeare present the monthly absence from Church of all manner of Popish Recusants the names of euery of their Children being of the age of nine yeares and vpwardes abiding with their sayd parents and as neere as they can the age of euery of their Children as also the names of the seruants of such New penalty and reward to accusers of Catholikes Recusants at the generall or quarter Sessions of that Shyre or Liberty And in default of such Presentment to be made the sayd Constable Church-warden or high Constable shall for euery default so made forfait twenty shillings And such as are diligent in making this Presentment shall haue a reward of fortie shillings to be leuyed out of the Recusants goods 3. All that are or hereafter shal be vpon inditement conuicted of Recusancie shall for euerie moneth after such conuiction without any other inditement or conuiction forefayte twenty pounds to be payd into the A new addition to the former grieuāce receipt of the Exchequer yearlie except in such cases where the King shall and may by force of this Act refuse the same and take two parts of the Lands Farmes and Tenements of the sayd offender to his owne proper vse 4. Euery such Recusant indited and conuicted as aforesayd shall haue left the third part only of his Pater meus caecidit vos virgis ego caedā scorpionibus Let his Maiesty consider if this be good counsell Lands and Leases to and for the maintenance and reliefe of himselfe of his wife family and children And the King nor his Successors cannot dimise lease or put ouer any part of the said two parts to any Recusant or for any Recusants vse 5. The Bishops in their Diocesse or any two Iustices of the Peace within the limits of their Iurisdictiō out of Sessions may require any person of the age of eygteene yeares or aboue whether conuicted of Recusancy That they will do their (F) To this they are bound without this oath and so it might have byn very well spared best endeauour to disclose make knowne vnto his Maiesty his heires Successors all Treasons Trayterous conspiracies which they shall know or heare of to be against him or any of them That they do abhorre and abiure as (G) How came the English Parliament by authoritie to censure doctrine who deliuered them this Power who made them assurāce of Gods infallible spirit impious and hereticall that opiniō that sayth that Princes excommunicate or depriued by the Pope may be deposed by their Subiects or other whatsoeuer That they (H) If they do not belieue it nor indeed can belieue it without grosse ignorance why will they inforce them to sweare false or what get they by this do belieue and are resolued in their Consciences that neyther the Pope nor any other person hath power to absolue them of this Oath or of any part thereof That they (I) He that sweareth false had need of absolution from the sinne but needeth no dispensatiō because the Oath hath no force to bind as in this case And the inuentors of this oath without doubt eyther did not vnderstand or for anger passion did not cōsider nor remember that by such violēce as this inforcing Gods people against their cōsciences to sweare false consequētly sinne they bring the case to the law of nature little imagine what both diuine and humane lawes permit in such occasiōs For if they had reflected vpon the inconuenience they would neuer haue made choice of a meane so contrary to al good ends that eyther King or people in reason ought to pretend do acknowledge this oath to the ministred vnto thē lawfully and by good full Authority that that they do renounce all dispensations pardons to the contrary And that they do plainly and sincerlie acknowledge all these things sweare according the expresse words and the plaine and common sense and vnderstanding of them without any euasion or secret reseruatiō And that they do make this recognition and acknowledgment hartely willingly truly vpon the true faith of a Christian The rest of the Lawes against Catholikes WHOSOEVER shall depart out of the Realme of England to serue any forraine Prince or Potentate not hauing first taken the Oath aforsaid shal be reputed a felon and leese goods and life Item If any Gentleman or person A new Law to make vagabounds of higher Degree or any that hath borne or doth beare any office in the Campe go out of the Realme to serue any forrayne Prince before he be intertaine any Iesuite or Seminary Priest or shall discouer any Masse to haue byn sayd and the persons that were present at such Masse and the Priest that sayd the Masse or any of them within three dayes next after the offence cōmitted shall not only be free from all penalty if he be an offender but also shall haue (B) In humane policy these meanes may seeme effectual but against God they are litle worth Only they serue to put iealousie and distrust A worke of Sathan to destroy charity and neighbourhood in the Common-wealth the third part of the forfayture of all that shall be forfayted for such offence so that all the forfaiture do not exceed the sūme of an hundred fifty pounds Item That no Popish Recusant shall (C) Degeneres animos timor arguit Aeneid 2. come into the Court or House where the Kings Maiesty or the Prince is vnlesse he be commanded so to do by the Kings Maiesty his heires and sucessors or by Warrant in writing from the Lords and other of the most honorable priuie Counsaile vpon paine to forfayte for euery tyme so offending an hundred pounds the one moity to the King the other to him that will discouer and sue for the same Item That all Popish Recusants that haue forborne comming to the Church abiding in the Citty or within ten miles about except they be Trades-men men of occupations or such as haue their dwelling there no where els haue any house shall depart (D) It is euidēt malice and deceipt to possesse the Kings
mind with these needlesse feares from the Citty of London and ten miles compasse of the same within three moneths after the end of this Parlament vpon paine of an hūdred pounds the one halfe to the King the other to him that will sue for the same by Action of debt Item All Recusants are (E) This also argueth needles feare for the Recusants of all others are least to feared confined to their houses may not depart more then fiue miles frō the place of their aboad without licence obtayned in scriptis of the Kings Maiesty or some other that by that Statute is enabled to giue it and with those limitations and restrictions therin likewise specified And he that is found faulty herin shall incurre the penalty and forfayte as a Recusant conuicted Item No Recusāt shall practise the com of his wife And euery woman that shal be marryed in other forme then aforesaid shal be disabled not only to claime any Dowry of the inheritance of her husband or any Ioyntry of the lands of her husband but also of her widdowes estate and frankbāk in any customary lands wherof her husband died seized Nor can enioy any part of the goods of her husbād by vertue of any custome of any Citty or place where the same shall lye or be And if it chance that the woman to whom the Recusāt is married haue no lands or goods wherto he may be intitled he shall forfayte an hundred pounds the one part or moity to the King and the other to him that shall sue for it Item The Recusāt for euery child that is (L) A Law against Baptisme not baptized by their vnlawfull Ministers according to the Laws of this Realme shall pay an hundred pounds Item For euerie one that is buryed not according to the Ecclesiasticall Lawes of this Realme the party that causeth him to be so buried shall forfaite twenty pounds Item The children of any Subiect within this Realme not being Souldiars Marriners or Merchants or their Apprentices or Factors that go beyond the seas without licence of the Kings Maiesty or six of the priuie Counsell that then such as shall go beyond the seas shall haue no benefit of any goods or chattels that may any way come or fall vnto him vntill after his returne he before a Iustice of Peace take (M) Quime negauerit coram hominibus negabo eum coram Patremeo quiest in caelis An ill change to loose an euerlasting Kingdome for a little tēporall inheritance the Oath to wit abiure his faith and obedience to the Sea of Rome And who shall send the said children shall forfaite an hundred pounds Item That all persons beyond the seas that are not Merchants nor their Factors nor Marriners shal presently at their returne take the Oath before mētioned before a Iustice of Peace in al other things conforme thēselues c. Otherwise they shall haue no benefit to draw from them their money by secular Authority they remaine subiect to the authority and open to all iniuries of the Bishops who doe daily (T) Principes cōuenerunt in vnum aduersus Dominū aduersus Christū eius Psal 2. 2. Qui habitat in caelis irridebit eos trouble molest them And in like sort to the high Commissioners who haue from his Maiesty authority to persecute the Catholikes and punish their fayth as in other Countries the Inquisitors haue from the Sea Apostolike to defend Catholike truth and punish heretiks Thus Gentle Reader thou hast seene briefly set downe the good and wholesome lawes made by the last Parlament of England and published vnder the Princes name How good and wholsome they are it is needles for me to say Themselues speake for themselues and make manifest what they are and from what motiues they are proceeded The best is they haue not power ouer any constant and resolued mind nor can take from them any thing that they may not loose by many other wayes and is not in their owne hands to recompence with manifold interest euen in the present felicity of this life besides the reward we hope for in the next which profiteth also to increase comfort in this to such as will auaile themselues by the good and wholesome aduises to be found in this booke And in fine this is a cause in which a man may loose his head and haue noe hurt and being once grounded in the loue and obedience of Christ these Lawes loose their force as afterward shal be seene THE EXECVTION OF THE FORMER LAVVES IT might haue beene excused to occupy the Reader with this Relation seing the rigorous execution of these Lawes is otherwise sufficiently knowne to such as liue where this language is vnderstood But because I found it in the latyn copy it was not to be omitted in the translation at least it may serue to giue to vnderstand what feeling good men in other Countryes haue of our afflictions and perhappes moue the Princes hart to commiseration if he haue tyme and patience to read it Thus then is it set downe in the Authors wordes as followeth THE Lawes as we haue seene are growne both in number and rigour vnder his MAIESTY of ENGLAND that now is for the execution of them is giuen much more scope and authority to inferiour Officers then in the Raygne of Queene Elizabeth was accustomed wherby may be easily gathered without any other proofe the manifold iniuryes that Catholicks suffer in England at this Surrexit interea Rex nouus super Aegyptum ait ad populū suum Ecce populus filiorum Israel multus fortior nobis est venite sapienter opprimamꝰ eum c. Praeposuit tyme. But how much more their Aduersaries striue to oppresse them so much more God extendeth his fauour and Fatherly protection ouer them as in all ages and other like occasions hath byn seene And the same Prouidence that permitteth these troubles to fall vpon them giueth them strength to endure them not onely with patience but with alacrity The deuisers of this forme of gouernment and scum and refuse of the Common wealth such as their bad life and misdemeanour hath brought into necessity such as weary of robbing by the high waies and other infamous occupations take it for a more secure and easy kynd of lyfe and most agreeable to their former courses and bringing vp to become Bishops Purseuantes and so offer themselues to that ministery before they be called By all which his Maiestyes most honorable Counsell and all other men may easily vnderstand how exorbitant the wronges are that by vertue of these Lawes are offered to the subiectes being executed by such Ministers armed with publicke Authority and the Kinges Warrant to commyt without the feare of punishment which before did keep them in awe whatsoeuer insolencie and iniustice they list They vse ordinarily to beset the Catholikes houses especially where they hope to find a booty and scaling the walles by night and breaking
Maiesty will needes lyue in feare without necessity let him feare these as most wronged by his lawes in that their conscience is restlesse and doth not suffer them to be quiet in so euident daunger of eternall damnation But if as a prudent discreet Prince he will take away occasions of feare let him resolue to take away the cause of this disquietnes and so both he his subiects shall liue in rest Doubtles it is bad counsaile and the resolution is worse to presse the Consciences of innocent Subiectes without profit or necessity For as the Prouerbe saith Habet musea splenem formica sua bilis inest and as the Poet sayth Furor iraque mentem praecipitat fury displeasure cast men into desperate attempts Enead lib. 2. It had bene impossible for any others saue onely Catholikes to haue had so much fortitude as to beare so long lingering a Persecution and endure with patience so many sharp bitter stormes as the Catholikes by Gods assistance haue done and do now in England and others in former ages did in other Countries for the same cause The Blessed Martyr S. Cyprian before cyted may suffice for what passed in his tyme. Innocentes sayth he nocentibus cedunt c. The innocent giue place to wronges the harmeles soules are quiet in their afflictions and punishments None of ours do resist the Magistrate whē he is apprehended nor studieth to reuenge iniustice violence though their number be greater and haue possibility to doe it Cyp. ad Demet. And in another place he yieldeth a reason of that which is sayd wherof I shall haue occasion to speake more at large hereafter Hec interest c. This difference sayth he is betwixt vs and such as know not God meaning all Infidels and Heretickes that they in their aduersities murmure complaine but our crosses and afflictions do not separate vs from truth and vertue but encourage and strengthen vs in our griefes Cyp. de Mortalitate a tyme for their aboad here as our Parlament hath herupon humbly moued vs that they might all be sent home and discharged the Citty before the Creatiō of our said dearest Sōne yet haue we thought good to retayne so much of our accustomed Clemency weyghing so little any of their malicious plots or the hazard therof during that tyme in comparison of our said Clemency as in consideration of so important busines as they may haue concerning their particuler estates in the next Terme we are content to giue them tyme vntill the last day of Iune which is after the end of the next Terme after which said tyme they are to repaire againe to their owne dwelling houses and places of confining according to the Law not presuming at any tyme hereafter to repaire to this our Citty and Chamber of London or to our Court or to the Court of our dearest Wife the Queene or of the Prince our deare Sōne whersoeuer or within ten G These Prouiso's and lawes first are needles in vaine excluding only such as of all other are least to be feared as hath beene sayd besides that in themselues they are vniust And how fit the wordes before mentioned be to this purpose may be seene by other spoken to another Persecutor in another like occasion by the same Saint Ecce quale est c. What a thing is this sayth he of which specially we haue to treate Why do you thus molest the harmles Why do you oppugne and oppresse Gods seruātes with reproach cōtumely of God himselfe Doe you thinke it a small matter to lyue spottles with so many other sinnes and make your lyfe as it is a summe or compendium of bloudy rapines Is it not inough that true Religion be subuerted by your false superstions that God is neither remembred nor feared amongst you I say is not this inough but you will needs add more and persecute vniustly good men that haue dedicated themselues to Gods seruice May it not suffice thee Demetrianus that thou thy selfe doest not worship thy Creatour but thou wilt needes persecute and afflict sacrilega infestatione such as do truly worship him Thou castest out of their houses thou spoylest of their goods and Patrimony thou loadest with irons chaines thou houldest in prison c. the Innocent Iust and beloued children of God miles of London without speciall licence had therunto vnder paine of the seuere execution of our Lawes vpon the contrauenors and of highest contempt against our Authoritie ioyned therunto And we are likewise pleased vpon the same humble H It were better to speake plainly and say Moued by euill counsaile Cupido Ira pessimi consultores Salust in Iugurth petition of our sayd louing subiectes assembled in Parlament straitly to commaund and charge our Iustices of Peace in all partes of this our Realme that according to our lawes in that behalfe they do I God Almighty knoweth and so do the Authors and Inuentors of these Proclamations that the Catholike Recusants haue none of this kind of Munition But this they publish to giue more probability to their false suggestions of perils and dangers and increase the feare and suspition wherwith they haue preoccupated the Princes mind procuring these Proclamations and lawes by these deuises with so great hurt both to him and to the cōmon-wealth Vita mollis mala timiditas neque domum neque Ciuitatem rectè gubernauerit Philem. in Enchiridio Arma militiae nostrae c. sayth the Apostle and so may the Catholickes say The Armes of our warfare are not carnall but power from God ouerthrowing all wicked counsayles all pride and loftines that would extoll it selfe against the knowledge of God 2. Cor. 10. ● take from all Popish Recusants conuicted all such Armour Gunpowder and Munition of any kind as any of them hath either in their owne handes or in the handes of any other for them and see the same safely kept and disposed according to the Law leauing them for the necessary defence of their house and persons so much as by the Law is prescribed wherein as our said Iustices haue beene K All this caution is also needlesse And if they haue beene remisse it proceeded from their experience seing the little ground and profit of this law For as I haue touched before if there were any cause of feare they against whome this Law is made are least to be feared of all other hitherto remisse so if we shall find this our expresse commaundement neglected or not diligently executed as is fitt and as the importance therof doth require we will make them know by seuere punishmēt what it is to be carelesse of our Royall Commaundement in cases of this nature And commaund that which is not iust nor can be lawfully obeyed vnder so great penalties The Apostle taught vs in a like case what to answere Obedire oportet Deo magis quàm hominibus Act. 5. 29. tions giue a certayne day to all Priestes and Iesuits for
good subiectes hartes from their due obedience both to God and vs. And lastly because the horror and detestation of the Powder Y The Catholikes haue more horrour and detestation against such Actes then those that make all this shew I haue touched before that which in this all other treasons may be obiected which they do impute vnto them that haue as little hand in them as themselues as they know full well here in part bewray imputing to English Catholikes the death of the late King of France wherein all the world knoweth they neyther had nor possibly could haue any hand treason in the mindes of our Parliament bred amongst other thinges that Oath of Z This is a matter mistaken and the Statistes are farwyde that thinke to draw Subiects by violence to their Allegiance and fidelity by force For to my vnderstanding and to any mans else that vvill iudge indifferētly there can be no more direct cause of disloyalty to Kings then to constraine their Subiects to infidelity and inforce them to be disloyal to God the King of Kings and Lord of all Allegiance to be taken by our subiectes so highly impugned by the Pope his followers as we are inforced by our A His Maiesties pen had bene ill imployed and himselfe very ill aduised as by effect is seen if the Book had bene his For it hath bene reproued in all Kingdomes confuted almost in all Languages vvith losse of reputation and note of small learning and lesse discretion in the Author For although the Pamphlet was published in his Maiesties Name yet it is generally held that the Name onely was his verily they who hould this opinion doe him more seruice and honour his Maiesty more then the others that father so seely a worke vpon so wise and learned a Prince as his Maiesty of Great Britanny is knowne to be owne pen to take in hand the mayntenance of our cause for that Oath which howsoeuer odious it was to the Pope yet was it deuised as an Act of great fauour and Clemency towardes so many of our subiects who though blinded with the B Woe be to you saith the Prophet that call euill good and good euill that make darknes light and light darknes Isay 5. 20. superstition of Popery yet carryed a dutyfull hart towardes our obedience For hereby was there a separatiō and distinction made betweene that sort of Papistes and the other pernicious sort that C This is a manifest calumniation and slaunder wherwith malicious people haue possessed his Maiesty depraued his vnderstanding to make him more vntractable in his false religion and more implacable with Catholikes couple togeather that damnable doctrine and detestable practice before mētioned Therfore in consideration that the said Oath serueth to D A pretty deuise when all other faile to draw away money from them But I will foretell you the successe Non gaudebit tertius heres Quia pretium sanguinis est It is the price of bloud and cannot prosper make so true and mercifull distinction between these two sortes of Papistes as is allreadie sayd we cannot but hould it most conuenient for the weale of all our good subiectes and discouerie of bad people that greater care shal be vsed hereafter in the generall ministration of this Oath E And when all should take it what profit would redound to the King verily none at all but rather great harme as already hath bene said and shal be said more at large hereafter to all our subiects then hath beene heretofore vsed And therfore it is our express will and pleasure accordingly we doe heerby straitly charge commaund all and singular our Bishops Iustices of Assise Iustices of Peace and all other our Officers whome it may cōcerne to minister the same to all such persons and in all F This Oath cannot in any case be lawfull for the end which they dō p●etend nor is it a Law that which approueth it But in this as in many other things they abuse euidently the word Law to credit their dealings in these lawlesse practises Neyther can it haue any true conueniency for a thing so violent and vniust cannot be conuenient eyther to assure the safety of his Maiesties person or of his Royall succession nor to appease the disquietnes feare which he may conceaue eyther vpon iust or vniust cause but all quite contrary as hath bene said The selfe sam● comparison houldeth as the Philosopher saith betweene the King and his Subiects the Father and his children the Sheepheard and his flocke Similis est comparatio Arist 8. Ethic. A good and true Prince indeed ought to be able to gouerne his people not onely vprightly but also with loue and courtesy For it is vnfitting that a sheepheard should hate or persecute his flock Arch. de lege Iust But what faith the Poet in this case Qui Sceptra duro saeuus Imperio regit Timet timentes metus in auctorem redit Oed. ac 3. Ille tot Regum parens Caret sepulchro Priamus flamma indiget ardente Troia Sen. in Hecub such cases as by the law they are enabled knowing that the meaning of the law was not onely to authorize thē to do it when they would and to forbeare it at their pleasure but to require it at their handes as a necessary dutie committed to them and imposed vpon thē as persons of chiefe principall trust vnder vs for the good and safety of vs and our estate Giuen at our Pallace of VVhite-hall the second day of Iune in the eight yeare of our Raygne of Great Brytaine France and Ireland A LETTER OF A GENTLE VVOMAN OF QVALITY residing on this side the seas written to her Husband in England exhorting him to constancie in the persecution Translated out of the Latin Copie GOOD Sir I humbly thank you for the care you haue takē in giuing me notice of that which passeth and am right glad to see you so resolute our Lord giue you grace to continue constant vnto the end And seing God hath giuen you light to discerne what doth most import you I beseech you for his loue remember that to go back at any tyme herafter or leaue this holy Resolution for humane respects should be for your greater condemnation And although the loue you beare vnto me and to your children with other respectes of flesh and bloud might cause in you some strife and contradiction yet good Husband do not in any case suffer your feruour to wax cold As for our children they are so well allyed that there is no feare they can want being of the yeares they are all well considered they haue inough left them But if notwithstanding all these hopes should fayle them yet they liue vnder the protection of their heauenly Father and vnder his prouidence which is more to be esteemed then all the treasures of the world As for my selfe or any thing that may concerne me do not afflict your selfe in