the Honour of God so much as in you lyeth I Grant and promise so to do Then one of the Bishops read this passage to the King. Our Lord and King we beseech you to Pardon and to Grant and to preserve unto us and to the Churches committed to your Charge all Canonical Privildges and do Law and Justice and that you would protect and defend us as every good King to his Kingdom ought to be a Protector and Defender of the Bishops and the Churches under their Government The King Answereth With a willing and devout Heart I Promise and Grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was led to the Communion Table where he takes a solemn Oath in sight of all the People to observe all the Promises and laying his hand upon the Bible said The things which I have here Promised I shall perform and keep So help me God and the Contents of this Book The sixth Day of February the Parliament met The Parliament meets Papists are prohibited from going to Mass at Ambassadors Houses the Judges are ordered to put the Laws in Execution againsts Papists which notwithstanding the Committee of Grievances reported to the Commons House That one general evil was the encrease and countenancing of Papists The Marshal of Middlesex meeting with resistance in seizing of Romish Priests Goods and complaining of the matter the then Arch-Bishop writ to Mr. Attorney General on behalf of the Priests which Letter was as followeth Good Mr. Attorney I thank you for acquainting me what was done Yesterday at the Clinck But I am of opinion The Arch-Bishops Letter on behalf of the Priests Rushw Coll. 1. part f. 243. that if you had curiously enquired upon the Gentleman who gave the Information you should have found him to be a Disciple of the Jesuites for they do nothing but put Tricks on these poor Men who do live more miserable Lives then if they were in the Inquisition in many parts beyond the Seas By taking the Oath of Allegiance and writing in defence of it and opening some points of high consequence they have so displeased the Pope that if by any cunning they could catch them they are sure to be burnt or strangled for it and once there was a Plot to have taken Preston By this Letter it appears how unwilling the Government was to be in any sort cruel even the Priests and yet how ungrateful are the Papists to this Day as he passed the Thames and to have shipped him into a bigger Vessel and so to have transported him into Flanders there to have made a Martyr of him in respect of these things King James always gave his Protection to Preston and Warrington as may be easily shewed Cannon is an old Man well affected to the cause but medleth not with any Factions or Seditions as far as I can learn they complain their Books were taken from them and a Crucifix of Gold with some other things which I hope are not carried out of the House but may be restored again unto them for it is in vain to think that Priests will be without their Beads or Pictures Models of their Saints and it is not improbable that before a Crucifix they do often say their Prayers I leave the things to your best Consideration and hope that this deed of yours together with my word will restrain them for giving offence hereafter if so be that lately they did give any I heartily commend me unto you and so rest Your very Loving Friend G. Canterbury The Parliament Petition the King against Papists Rushw Coll. 1. part f. 391. In this Parliament the Commons Petitioned the King to remove the Papists or justly suspected out of Places of Government Authority and Trust and named them of the Nobility and Gentry to the number of sixty one who were got into such Offices and prayed they might be displaced The Petition and Names take as followeth To the Kings most Excellent Majesty The Parliaments Petition against Papists with the names of the Persons who were crept into Offices notwithstanding the severity of the Laws against them YOur Majesties most Obedient and Loyal Subjects the Commons in this present Parliament assembled do with great Comfort remember the many Testimonies which your Majesty hath given of your sincerity and Zeal of the true Religion established in this Kingdom and in your particular gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the increase of Popery that your Majesty thought fit and would give Order to remove from all places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal Cause of that Mischief But not having received so full Redress herein as may conduce to the peace of this Church and Safety of this regal State they hold it their Duty once more to resort to your Sacred Majesty humbly to inform you that upon Examination they find the Persons under written to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the sitting of the Parliament did remain in places of Government and Authority and trust in your several Counties of this your Realm of England and Dominion of Wales The Right honourable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northamton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North Riding of Yorkshire by sending a License under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Hemsley in the said North Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter Sessions discharged from keeping an Alehouse because he was a Popish Convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollars within the said Mannor of Hemsley that formerly had his License to teach Scholars taken from him for teaching Scholars that were the Children of popish Recusants and because he suffered these Children to be absent themselves from the Church whilst they were his Schollars For which the said Conyers was formerly complained of in Parliament The Right Honourable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and
a Commissioner of Sewers and a Deputy Lieutenant within the East Riding of York-shire His Lordship is presented to be a popish Recusant and his Indictment removed into the Kings-Bench and his Wife Mother and the greatest part of his Family are popish Recusants and some of them Convicted William Lord Eure in Commission for the Sewers in the East Riding a Convict Popish Recusant Henry Lord Abergaveeny John Lord Tenham Edward Lord Wotton in Commission for Sewers justly suspected for Popery Henry Lord Morley Commissioner for Sewers in Com. Lanc. himself suspected and his Wife a Recusant John Lord Mordant Commissioner of the Peace Sewers and Subsidy in Com. Northampton John Lord St. John of Basing Captain of Lidley Castle in Southampton indicted for a Popish Recusant Em. Lord Scroop Lord President of His Majesties Councel in the North Lord Lieutenant of the County and City of York and Comd. Eborac villae Kingston super Hull presented the last time and continuing still to give Suspicion of his ill affection in Religion 1. By never coming to the Cathedral Church upon those days wherein former Presidents have been accustomed 2. By never receiving the Sacrament upon Common days as other Presidents were accustomed but publickly departing out of the Church with his Servants upon those days when the rest of the Council Lord Mayor and Aldermen do receive 3. By never or very seldom repairing to the Fasts but often publickly riding abroad with his Hawks on those days 4. By causing such as are known to be firm on those days in the Religion Established to be left out of Commission which is instanced in Henry Alured Esq by his Lordships procurement put out of the Commission of Sewers or else from keeping them from Executing their places which is instanced in Dr. Hudson Doctor in Divinity to whom his Lordship hath refused to give the Oath being appointed 5. By putting divers other ill-affected Persons in Commission of the Councel of Oyer and Terminer and of the Sewers and in other places of Trust contrary to His Majesties Gracious Answer to the late Parliament 6. In October last 1625. being certified of divers Spanish Ships of War upon the Coasts of Schâ—â—borough his Lordship went thither and took with him the Lord Dunbar Sir Thomas Metham and William Alford and lay at the House of the Lord Eury whom he knew to be a convict Recusant and did notwithstanding refuse to disarm him although he had received Letters from the Lords of the Council to that effect And did likewise refuse to shew the Commissioners who were to be employed for disarming of Popish Recusants the Original Letters of the Privy Council or to deliver them any Copies as they desired and as his Predecessors in that place were wont to do 7. By giving Order to the Lord Dunbar Sir William Wetham and Sir William Alford to view the Forts and store of Munition in the Town of Kingston upon Hull who made one Kerton a convict Recusant and suspected to be a Priest their Clerk in that Service 8. By denying to accept a Plea tendered according to the Law by Sir William Hilliard Defendant against Isabel Simpson Plantiff in an Action of Trover that she was a convict Popish Recusant and forcing him to pay Costs 9. By the great increase of Recusants since his Lordships coming to that Government in January 1619. It appearing by the Record of the Sessions that there are in the East Riding only one Thousand six Hundred and Seventy more convicted then were before which is conceived to be an effect of his favour and countenance towards them William Langdale Esq convicted of Popish Recusancy Jordan Metham Henry Holm Michael Partington Esquires George Creswel Thomas Danby Commissioners of the Sewers and put in Commission by procurement of the Lord Scroop Lord President of the North and who have all Popish Recusants to their Wives Ralph Bridgman a Non-Communicant Nicholas Girlington whose Wife comes seldom to Church Sir Marmaduke Wycel Knight and Baronet presented the last Parliament his Wife being a convict Popish Recusant and still continuing so Sir Thomas Metham Knight Deputy-Lieutenant made by the Lord Scroop in Commission of the Council of the North and of Oyer and Terminer and other Commissions of Trust all by procurement of the said Lord president since the Kings Answer never known to have received the Communion his two only Daughters brought up to be Popish and one of them lately Married to Thomas Doleman Esq a Popish Recusant Anthony Vicount Mountague in Commission of the Sewers in Com. Sussex his Lordship a Recusant Papist Sir William Wray Knight Deputy-Lieutenant Collonel to a Regiment his Wife a Recusant Sir Edward Musgrave Sir Thomas Lampleigh Justices of Peace and Quorum Sir Thomas Savage Deputy-Lieutenant and Justice of Peace his Wife and Children Recusants Sir Edward Egerton a Non-Communicant Thomas Savage Esq a Deputy-Lieutenant a Recusant and his Wife Indicted and presented William Whimore Commissioner of the Subsidy his Daughter and many of his Servants Recusants Sir William Massie Commissioner for the Subsidy his Lady Indicted for Recusancy and his Children Papists Sir William Courtney Knight Vice-Warden of the Stannery and Deputy-Lieutenant a Popish Recusant Sir Thomas Ridley Knight Justice of the Peace his Wife a Popish Recusant and Eldest Son. Sir Ralph Conyers Knight Justice of Peace his Wife a Popish Recusant James Lawson Esq a Justice of Peace and one of the Captains of the Trained-Bands his Children Popish Recusants and Servants Non-Communicants Sir John Shelley Knight and Baronet a Recusant William Scot Esq a Recusant John Finch Esq not convicted but comes not to Church in Commission of the Sewers These are all Convicted Recusants or suspected of Popery Sir William Mullineux Deputy-Lieutenant and Justice of Peace his Wife a Recusant Sir Richard Houghton Knight Deputy-Lieutenant his Wife and some of his Daughters Recusants Sir William Norris Captain of the General Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant James Anderton Esq Justice of Peace and one of his Majesties Receivers his Wife a Non-Communicant his Son and Heir a great Recusant and himself suspected Edward Rigby Esq Clerk of the Crown Justice of Peace himself a good Communicant but his Wife and Daughters Popish Recusants Edward Creswel Esq Justice of Peace his Wife a Popish Recusant John Parker Gentleman Muster Master for the County suspected for a Popish Recusant George Ireland Esq Justice of Peace his Wife a Popish Recusant John Preston Esq Bow-bearer for his Majesty in Westmoreland Forrest a Recusant Thomas Covil Esq Jaylor Justice of the Peace and Quorum his Daughter a Recusant Married Sir Cutbbert Halsal Justice of Peace his Wife a Recusant Richard Sherburn Esq Justice of Peace himself Non-resident his Wife and Son Recusants Sir George Hennage Knight Sir Francis Metcalf Knight Robert Thorold Esq Anthony Munson Esq William Dallison Esq in Commission of the Sewers and are justly suspected for Popish Recusants Sir Henry
Spiller Knight in Commission for Middlesex and Westminster and Deputy-Lieutenant Valentine Saunders Esq one of the Six Clerks both which are justly suspected to be ill-affected in Religion according to the Acts of State. Charles Jones Knight Deputy-Lieutenant and Justice of Peace George Milburne Esq Justice of Peace Edward Morgan Esq their Wives are all Popish Recusants William Jones Deputy-Lieutinant Justice of Peace his Wife suspected to be a Popish Recusant John Vaugban Captain of the Horse suspected for Recusancy Benedict Hall receiver and Steward of the Dutchy of Lancaster he and his Wife are Popish Recusants Sir Thomas Brudenel Knight and Baronet Deputy Lieutenant a Popish Recusant Cutbbert Heron Esq now Sheriff of Northumberland Justice of Peace his Wife a Recusant Sir William Selby Junior Knight Justice of Peace his Wife a Recusant Sir John Canning Knight Justice of Peace his Wife a suspected Recusant Sir Ephraim Widdrington Knight Justice of Peace suspected to be a Recusant Sir Thomas Ridall Knight Justice of Peace his Wife and Eldest Son are Recusants John Widdrington Esq who came out of the same County before his Majesties Proclamation was Published and is now at London attending the Council Table by Commandment and yet not dismist Sir Robert Pierpotnt Justice of Peace his Wife a Recusant Sir Anthony Brown Knight Justice of Peace thought to be a Recusant but not convict Sir Henry Beddingfeild Knight Deputy-Lieutenant and Justice in Oyer and Terminer and in Commission of Sewers Justice of Peace and Captain of a Foot Company his Wife nor any of his Children as is informed come to the Church Thomas Sayer Captain of the Horse his Wife comes not to Church Sir William Yelverton Baronet and Justice of Peace not suspect himself but his Eldest Son and one of his Daughters are known Recusants Sir Henry Minne Knight Justice of Peace and Quorum neither he his Wife or Daughters can be known to have received the Communion and have been presented at the Sessions for Non-conformity Robert Warren Clerk a Justice of Peace justly suspected and that for these Reasons 1. He being in trust for one Ratcliff of Bury Deceased for the Education of his Son he took him from the School at Twelve years Old and sent him beyond the Seas to be brought up there in a Popish Seminary where he hath remained six or seven years as was generally Reported 2. One of his Parishioners doubted in some points of Religion being Sick and desired to be satisfied by him who confirmed him in the Religion of the Church of Rome which he told to his Brothers before his Death who are ready to affirm the same but this was divers years since 3. There being Letters directed to four Knights of that County to call the Ministers and other Officers before them and to cause them to present all such as absented themselves from the Church and were Popishly affected he was desired to present those within his Parish Church of Welford which he accordingly did but left out at the least one half And being asked why he did so He Answered that he was no Informer And being asked of some particulas whether they come to the Church or not his Answer was they did not And why then did he not present them He said they might be Anabaptists or Brownists and would not present them and this certified by three Members of the House 4. He having a Brother dwelling in Sudbury that was presented for not coming to the Church he came to one of the Ministers and told him that he took it ill they presented his Brother Who Answered he did not but if he had known of it he would whereupon he replied he was glad he had a Brother of any Religion 5. One of his Parish named Fage having Intelligence that there was one of the said Parish that could inform of a private Place where Arms were in the Recusants House in the Parish came to some of the Deputy-Lieutenants in Commission for a Warrant to bring the same in form before them to be examined concerning the same And the said Fage delivered the Warrant to the Constable he carried him before the said M. Warren who rated the said Fage for that he did not come to him first telling him that he was a factious Fellow and laid him by the Heels for two hours which the said Fage is ready to affirm Sir Benjamin Tichburn Knight and Baronet Justice of Oyer and Terminer Justice of Peace and Deputy-Lieutenant and in Commission for the Subsidy his Wife Children and Servants Indicted for Popish Recusancy Sir Richard Tichburn Knight Justice of the Peace his Wife presented the last Sessions for having absented her self from the Church for the space of two Months Sir Henry Compton Knight Deputy-Lieutenant Justice of Peace and Commissioners for the Sewers Sir John Shelley Knight and Baronet himself and his Lady Recusants Sir John Gage Knight and Baronet a Papist Recusant Sir John Guldeford Knight their Ladies come not to Church Sir Edward Francis Knight their Ladies come not to Church Sir Garret Kempe Knight some of his Children come not to Church Edward Gage Esq a Recusant Papist Comissioner of the Sewers Thomas Middlemore comes not to Church Comissioner of the Sewers James Rolls William Scot Commissioners of Sewers both Recusants Papists Robert Spiller comes not to Church Sir Henry Guilford in Commission for Piracies and for the Sewers And John Thatcher Esq Commissioner for the Sewers they are either Persons convicted or justly suspected Sir Richard Sandford Knight Richard Brewthwait Esq Gawen Brewthwait Esq their Wives are Recusants Sir William Aubrey Knight Justice of Peace a Recusant Rees Williams Justice of Peace his Wife a convict Recusant and his Children Popishly bred as is informed Sir John Coney Knight a Justice of Peace and Deputy-Lieutenant his Wife a Popish Recusant Morgan Voyl Esq Justice of Peace his Wife presented for not coming to Church but whether she is popish-Popish-Recusant is not known John Warren Captain of the Trained-Bands one of his Sons suspected to be Popishly affected Wherefore they humbly beseech your Majesty not to suffer your loving Subjects to continue any longer discouraged by the apparent sence of that increase both in Number and Power which by the Favour and Countenance of such like ill-affected Governours accreweth to the Popish Party but that according to your own wisdom goodness and Piety whereof they rest assured you will be graciouslly pleased to command that answer of your Majesties to be effectually observed and the Parties abovenamed and all such others to be put out of such Commissions and Places of Authority wherein they now are in your Majesties Realm of England contrary to the Acts and Laws of States in that behalf The Parliament Dissolved upon the Duke of Buckinghams Account Another Parliament Summoned But the Parliament pressing hard upon the Duke of Buckingham the 15 th of June 1626. they were Dissolved before any Answer was given to this Petition and soon after
Your Majesty and States on the other part for private Men to accomplish their corrupt Ends. His Majesties ANSWER to the Fourth ARTICLE TO the fourth Article His Majesty is most willing to punish for the time past and prevent for the future any of the Deceits and Abuses mentioned in this Article and will account it a good Service in any that will inform himself his Privy Council Officers of his Revenue Judges or learned Council of any thing that may reveal this Mystery of Iniquity and His Majesty doth strictly command every one of them to whom such Information shall be brought that they suffer not the same to dye but do their utmost Endeavour to effect a clear Discovery and bring the Offenders to Punishment and to the intent no concealed Toleration may be effected His Majesty leaves the Laws to their Course 5. Article THat as the Persons of Ambassadors from Foreign Princes and their Houses be free for the Exercises of their own Religion so their Houses may not be made free Chappels and Sanctuaries unto Your Majesties Subjects popishly affected to hear Mass and to participate in all other Rites and Ceremonies of that Superstition to the great Offence of Almighty God and Scandal of Your Majesties People loyally and religiously affected that either the Concourse of Recusants to such Places may be restrained or at least such a vigilant Watch set upon them at their return from those Places as they may be apprehended and severely proceeded withal Vt qui palam in Luce peccant in Luce puniantur His Majesties ANSWER to the Fifth ARTICLE TO the fifth His Majesty is well pleased to prohibit and restrain their coming and Resort to the Houses of Ambassadors and will command a vigilant Watch to be set for their taking and punishing as is desired THat no place of Authority and Command within any the Counties of this Your Majesties Kingdom or any Ships of Your Majesties 6. Article or which shall be employed in Your Majesties Service be committed to Popish Recusants or to Non-communicants by the Space of a Year past or to any such Persons as according to Direction of former Acts of State are justly to be suspected as the Place and Authority of Lords Lieutenants Deputy Lieutenants Justices of the Peace or Captains or other Officers or Ministers mentioned in the Statute made in the third Year of the Reign of Your Father of Blessed Memory and that such as by Connivance have crept into such Places may by Your Majesties Royal Command be discharged of the same His Majesties ANSWER to the Sixth ARTICLE TO the Sixth His Majesty is perswaded that this Article is already observed with good Care nevertheless for the avoiding as much as may be all Errors and escapes in that kind His Majesty will give Charge to the Lord Keeper that at the next Term he call unto him all the Judges and take Information from them of the State of their several Circuits if any such as are mentioned in this Article be in the Commission of the Peace that due Reformation be made thereof and will likewise give Order to the Lord Admiral and such other to whom it shall appertain to make diligent Inquiry and certificate to His Majesty if any such be in place of Authority and Command in His Ships or Service THat all Your Majesties Judges Justices and Ministers of Justice unto whose Care and Trust Execution which is the Life of Your Majesties Laws is committed may 7. Article by Your Majesties Proclamation not only be commanded to put in speedy Execution those Laws which stand in force against Jesuits Seminary Priests and Popish Recusants but that Your Majesty would be further pleased to command the said Judges and Justices of Assize to give a true and strict Account of their Proceedings at their Returns out of their Circuits unto the Lord Keeper by the Lord Keeper to be presented unto Your Majesty His Majesties ANSWER to the Seventh ARTICLE TO the seventh His Majesty doth fully grant it 8. Article AND for a fair and clear Eradication of all Popery for the future and for the breeding and nursing up of a Holy Generation and a peculiar People sanctified unto the true Worship of Almighty God that until a Provisional Law be made for the Training and Educating of the Children of Popish Recusants in the Grounds and Principles of our Holy Religion which we perceive will be of more Power and Force to unite Your People unto You in fastness of Love Religion and Loyal Obedience then all Pecuniary Mulcts and Penalties that can possibly be devised Your Majesty would be pleased to take it into Your Princely Care and Consideration these our humble Petitions proceeding from Hearts and Affections Loyally and Religiously devoted to God and Your Majesties Service and to the Safety of Your Majesties Sacred Person we most zealously present to Your Princely Wisdom craving Your Majesties chearful and gracious Approbation His Majesties ANSWER to the Eighth ARTICLE TO the eighth His Majesty doth well approve it as a Matter of necessary Consideration and the Parliament now sitting he recommendeth to both Houses the Preparation of a fitting Law to that effect And His Majesty doth further declare that the Mildness that hath been used towards those of the Popish Religion hath been upon Hope that Foreign Princes thereby might be induced to use Moderation towards their Subjects of the Reformed Religion but not finding that good Effect which was expected His Majesty resolveth unless he shall very speedily see better Fruits to add a further degree of Severity to that which in that Petition is desired The Parliament after this made a Law against the Papists Intituled An Act to restrain the Passing or Sending of any to be Popishly bred beyond the Seas The Substance whereof take as followeth That 3 Car. 1. ca 2. Keebles Stat. f. 1098. By this Law Papists are prohibited sending their Children or others beyond Seas to be instructed in the Popish Religion FOrasmuch as divers ill affected Persons to the true Religion within this Realm had sent their Children into Foreign Parts to be bred up in Popery notwithstanding the Restraint of it by 1 Jac. 1. It was enacted That that Law should be put in Execution and further that if any Person or Persons being Subjects should pass over or go convey or send or cause to be sent or conveyed any Children or other Person beyond Seas to the Intent and Purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or Houses of Iesuits Priests or in any Private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish Person instructed perswaded or strengthned in the Popish Religion in any sort to profess the same or should convey or send or cause to be conveyed or sent any sum or other thing towards the maintenance of any already gone or sent under any
or privily without the Lycense of the Diocesan of the same place first required and obtained Curates in their own Churches and persons hitherto priviledged and other of the Cannon Law granted only except Nor that none from henceforth any thing preach hold teach or instruct openly or privily or make or write any Book contrary to the Catholick Faith or determination of the Holy Church nor of such Sect and wicked Doctrines and Opinions shall make any Conventicles or in any wise hold or exercise Schools and also that none from henceforth in any wise favour such preacher or maker of any such and like Conventicles or holding or exercising of Schools or making or writing such Books or so teaching informing or exciting the people nor any of them maintain or any wise sustain and that all and singular having such Books or any Writings of such wicked doctrines and opinions shall really with effect deliver or cause to be deliverd all such Books and Writings to the Dyocesan of the same place within forty days from the time of the Proclamation of this Ordinance and Statute And if any person or persons of whatsoever kind estate or condition that he or they be from henceforth do attempt against the Royal Ordinance and Statute aforesaid in the premises or in any of them or such books in the forme aforesaid do not deliver then the Diocesan of the same place in his Dyocess such person or persons in this behalf defamed or evidently suspected and every of them may by the Authority of the said Ordinance and Statute cause to be arrested and under safe custody in his prisons to be detained till he or they of the Articles laid to him or them in this behalf do canonically purge him or themselves or else such wicked Sect Doctrines Preachings and Heretical and Erroneous Opinions do abjure according as the Laws of the Church do require so that the said Diocesan by himself or his Commissaries do openly and judiciously proceed against such persons so arrested and remaining under his safe Custody to all effect of the Law and determine that same business according to the Canonical Decrees within three months after the said arrest any lawful impediment ceasing And if any person in any case above expressed be before the Diocesan of the place or his Commissaries Canonically convict then the same Diocesan may do to be kept in his prison the said person so convict for the manner of his default and after the quality of the offence according and as long as to his discretion shall seem expedient and moreover to put the same person to the secular Court except in cases where he according to the Canonical Decree ought to be left to pay to our Soveraign Lord the King his pecuniar fine according as the same fine shall seem competent to the Diocesan for the manner and quality of the offence in which case the same Diocesan shall be bound to certifie the King of the same Fine in his Exchequer by his Letters Patents sealed with his seal to the effect that such Fine by the King's Authority may be required and levyed to his use of the goods of the same person so convict And if any person within the said Realm and Dominion upon the said wicked preachings doctrines opinions schools and heretical and erroneous informations or any of them be before the Diocesan of the same place or his Commissaries sententially convict and the same wicked Sect preachings doctrines and opinions schools and informations do refuse duely to abjure Or by the Diocesan of the same place or his Commissaries after the abjuration made by the same person pronounced fall into relaps so that according to the holy Canons he ought to be left to the secular Court whereupon credence shall be given to the Diocesan of the same place or to his Commissaries in this behalf then the Sheriff of the County of the same place and Mayor and Sheriffs or Sheriff or Mayor and Bayliffs of the City Town and Burrough of the same County next to the same Diocesan or the said Commissaries shall be personally present in preferring of such sentences when they by the same Diocesan or his Commissaries shall be required and they the same persons and every of them after such sentence promulgate shall receive and them before the people in a high place do to be burnt that such punishment may strike in fear to the minds of other whereby no such wicked Doctrine and Heretical and Erronious Opinions nor their Authors and Fautors in the said Realm and Dominions against the Catholick Faith Christian Law and Determination of the holy Church which God prohibit be sustained or in any wise suffered in which all and singular the premises concerning the said Ordinance and Statute the Sheriffs Mayors and Bayliffs of the said Counties Cities Burroughs and Towns shall be attending aiding and supporting to the said Diocesans and their Commissaries From the Preamble of which Act of Parliament and the Act it self I observe three things 1 st That it being soon after the death of Wickliffe the persons there mentioned to have had a new Faith about the Sacraments of the Church and the Authority of the same and that Preached without authority that gathered Conventicles taught Schools and wrote Books against the Catholick Faith with many other hainous aggravations had been the followers of Wickliff and were then of John Huss and Jerom of Prague and the rest of the Reformers from Popery and were carrying on that Blessed Work as fast as they could 2ly That the end and Design of this Law was That that Sect as the Act calls them their Preachings Doctrines and Opinions should from thenceforth Cease and be utterly destroyed And 3dly That in order thereunto by this Statute The Sheriffs or other Officers were immediately to proceed to the burning of Hereticks i. e. Protestants without any Writ or Warrant from the King without which Writ as I observed before they could not proceed to burn any Person and accordingly they proceed in burning the Professors of the true Religion all the Reign of King H. the 4th CHAP. III. Hen. V. IN the beginning of the Reign of King Henry the 5th by reason of a pretended Conspiracy a more severe Act was made against the Professors of the true Religion whom they then called Lollards by which Act all Officers of State Judges By this Law the Lollards or Professors of the true Religion forfeit real and personal Estate to the King. Justices of the Peace Mayors Sheriffs and Bailiffs were to be sworn when they took their Imployments to use their whole Power and Diligence to destroy all Heresie and Errors called Lollardies and to assisst the Ordinaries and their Commissaries in their Proceedings against them and that the Lollards should forfeit all the Lands they held in Fee simple and their Goods and Chattels to the King. Which Act that the Papists may not have the least colour to contradict what I say I
have here inserted as it is Printed in Rastal in these words Forasmuch as great Rumors Congregations and Insurrections 2 H. 5.7 Rast Stat. 1. pt fol. 205. The Magistrates are to take an Oath to suppress the Professors of the true Religion then called Lollard here in the Realm of England by divers of the King's Leige People as well by them which were of the Sect of Heresie commonly called Lollardy as by others of their Confederacy Excitation and Abetment now of late were made to the intent to adnul destroy and subvert the Christian Faith and the Law of God and Holy Church within this same Realm of England and also to destroy the same our Soveraign Lord the King and all other manner of Estates of the same Realm of England as well Spiritual as Temporal and also all manner of Polity and finally the Laws of the Land the same our Soveraign Lord the King to the Honour of God and in conservation and fortification of the Christian Faith and also in salvation of his Royal Estate and of the Estate and of the Estate of all his Realm willing against the Malice of such Hereticks and Lollards to provide a more open remedy and punishment then hath been had and used in the case heretofore so that for fear of the same Laws and Punishments such Heresies and Lollardries may the rather cease in time to come by the advice and assent aforesaid and at the prayer of the said Commons hath Ordained and Established That first the Chancellor Treasurer Iustices of the one Bench and of the other Iustices of the Peace Sheriffs Mayors and Bailiffs of Cities and Towns and all other Officers having governance of People which now be or hereafter for the time shall be The Oath shall make an Oath in taking of their Charges and Occupations to put their whole power and diligence to put out and do to be put out cease and destroy all manner of Heresies and Errors commonly called Lollardries within the places where they exercise their offices and occupations from time to time with all their power and that they assist the Ordinaries and their Commissaries and them favour and maintain as often as they or any of them to that shall be required by the same Ordinaries or their Commissaries so that when the said Officers and Ministers travel or ride to arrest any Lollard or to make assistance at the instance and request of the Ordinaries or their Commissaries by vertue of this Statute that the same Ordinaries and Commissaries shall pay for their costs reasonably and that the King's Services to the which the same Officers be first sworn be preferred before all other Statutes for the Liberty of Holy Church and the Ministers of the same and in especial for the Correction and Punishment of the Hereticks and Lollards before this time made and not repelled being in their force and also that all Persons convict of Heresie of what estate condition or degree that they be by the said Ordinaries or other Commissaries left to the Secular Power according to the Laws of Holy Church shall lose and forfeit all their Lands and Tenements which they have in fee simple in the manner as followeth that is to say that the King have all the Lands and Tenements which the said Convicts have in fee simple and holden of him immediately as forfeit and the other Lords of whom the Lands and Tenements of such Convicts be holden immediately after that the King is so seized answered of the year the day the waste have Liberty out of the King's hands of the Lands Tenements aforesaid of them so holden as hath been used in the Case of Attainder of Felony Except the Lands and Tenements which be holden of the Ordinaries or their Commissaries before whom any such persons impeached of Heresie be convict which Lands and Tenements intirely shall remain to the King as forfeit And moreover that all the Goods and Chattels of these person so convicted be forfeit to our Soveraign Lord the King. So that no person convict of Heresie and left to the Secular power after the Laws of Holy Church shall forfeit his Lands before that he be dead and if any such person so convict be infeoffed be it by Fine by Deed or without Deed in Lands or Tenements Rents or Services in Fee or otherwise or hath any other possessions or Chattels by gift or grant of any person or persons to another's use then to the use of such convicts that the same Lands or Tenements Rents or Services nor such other Possessions nor Chattels shall be forfeit to our Sovereign Lord the King in no wise and moreover that the Iustices of the King's Bench and Iustices of Peace and Iustices of Assize have full power to enquire of all them who hold any Errors or Heresies as Lollards and which be their Maintainers Receivers Favourers and Sustainers common Writers of such Books as well of their Sermons as of their Schools Conventicles Congregations and Confederacies and that this clause be put in Commissions of Iustices of the Peace And if any persons be indicted of any points aforesaid the said Iustices shall have power to award against them a Capias and the Sheriffs shall be bound to arrest the person or persons so indicted as soon as he may them find by him or by his Officers and forasmuch as the cognizance of Heresie Errors and Lollardies belongeth to the Iudges of Holy Church and not to Secular Iudges such persons indicted shall be delivered to the Ordinaries of the place or to their Commissaries by Indentures betwixt them to be made within ten days after their arrest or sooner if it may be thereof to be acquir or convict by the Laws of Holy Church in case these persons be not indicted of another thing whereof the cognizance belongeth to the secular Iudges and Officers in which case after that they be acquit or delivered before the secular Iudges of such things to the secular Iudges belonging they shall be sent in safeguard to the said Ordinaries or to their Commissaries and to them delivered by Indentures as before to be acquit or convict of such Lollardries Errors or Heresies as is aforesaid after the Laws of Holy Church and that within the term aforesaid provided alwaies that the said Indictments be not taken in Evidence but for Information before the Spiritual Iudges against such persons so indicted but that the Ordinaries commence their Process against such persons indicted in the same manner as tho' no Indictment were having no regard to such Indictments And if any be Indicted of Heresie Error or Lollardry and taken by the Sheriff or other Officer he shall be let to main prize within the said ten days by good Surety to whom the said Sheriffs or other Officers will answer so that the said person or persons which were so indicted be ready to be delivered to the said Ordinaries or to their Commissaries before the end of the said
minding the Governance and Order of his most loving Subjects 1 Ed. 6. ca. 1. Rast Stat. f. 902. The Administration of the Lords Supper restored and the punishment inflicted on despisers and neglecters of it more moderate than what the Papists inflicted on the Protestants to be in most perfect unity and concord in all things and in especial in the true Faith and Religion of God and wishing the same to be brought about with all Clemency and Mercy on his Highness part towards them as his most Princely Serenity and Majesty hath already declared by evident proof to the intent that his most loving Subjects provoked by Clemency and Goodness of their Prince and King should study rather for love than fear to do their duties first to Almighty God and then to him and the Commonwealth nourishing concord and love amongst themselves yet considered and perceived that in a Multitude all were not of that sort that Reason and the Knowledge of their Duty could move them from Offences but many had need of some bridle of fear and that same were men most contentious and arrogant for the most part or else most dlind and ignorant by the means of which sort of men many things well and godly instituted and to the Edification of many were perverted and abused and turned to their own and others great loss and hindrance and sometime to extream destruction the which doth appear in nothing more or sooner than in matters of Religion and in the great and high Mysteries thereof and particularly instanceth in the most comfortable Sacrament of the body and blood of our Saviour Iesus Christ and sets forth that the same was Instituted by Christ himself the words of the Institution and for what end and then saith that notwithstanding this the said Sacrament had been marvelously abused by such manner of men before rehearsed who of wickedness or else of ignorance and want of learning for certain abuses then-to-fore committed of some in misusing thereof had condemned in their hearts and speech the whole thing and contemptuously depraved despised or reviled the same most holy and blessed Sacrament and not only disputed and reasoned unreverently and ungodly of that most high Mystery but also in their Sermons Preachings Readings Lectures Communications Arguments Talks Songs Plays or Iests name or call it by such vile and unseemly words as Christian Ears do abhor to hear rehearsed From this preamble I gather that the Popish Clergy had been greatly guilty of defaming the administration of the Sacrament of the Lord's Supper as used by the Protestants according to our Saviour's Institution and that this Law was made to inhibit such defamations and to effect the same with as much Clemency and Gentleness as the nature of the thing and the circumstances of time would bear as will appear by what was Enacted for Reformation of such abuse which was That whoever was guilty of the like abuse after the time in the Act for that purpose mentioned should be imprisoned and make fine and ransome at the King's Will and Pleasure That three Justices of the Peace at least whereof one to be of the Quorum should have power to take Informations and Accusations by the Oaths and Depositions of two able honest and lawful Persons at the least and then to trye the party accused by a Jury at their Quarter Sessions From which I observe First that the Reformers did not make any Offence relating to the Sacrament high Treason as the Papists had done denying Transubstantiation 2. That they did not leave it to the Clergy to examine in a Summary way and convict and then deliver the Offender over to the Secular power to be burnt but left the Party to be accused by Legal Witnesses and Tryed by a Jury of Honest and Legal Men according to the Fundamental Laws of the Kingdom Nay 3 dly They were so far from restraining the party accused of his Liberty That it is particularly provided by the said Statute that they might take Bail for his appearance After which it was Enacted by the same Act and which I desire you to take in Doctor Burnet's own words That it being more agreeable to Christ's first Institution and the practice of the Church for five hundred years after Christ Hist Reform pt 2. p. 41. that the Sacrament should be given in both the kinds of Bread and Wine than in one kind only it should be commonly given in both kinds except necessity did otherwise require and it being also more agreeable to the first Institution and the Primitive Practice that the People should receive with the Priest than that the Priest should receive it alone Therefore the day before every Sacrament an Exhortation was to be made to the People to prepare themselves for it in which the benefits and dangers of worthy and unworthy Receiving were to be expressed and the Priests were not without a lawful Cause to deny it to any who humbly asked it From which I observe That this Act was made to restore the Administration of the Lords Supper to its Antient and Primitive usage in both kinds with the Priest and that the Priest had not power to refuse giving it to any without just ground and that however here is no Penalty annexed either Spiritual or Temporal Several other Laws were made in order to carrying on the Reformation which inflicted no Penalty upon the Popish Clergy or Layety but were made for the well governing the Church of England as it stood then Reformed and put it out of the power of the Papists to hurt them Rast Stat. f. 904. as the 1 E. 6.2 for the Election of Bishops 1 Ed. 6.12 for repealing 5 R. 2.6 2 H. 5.7.25 H. 8.14.31 H. 8.14 34 H. 8.1 and 35 H. 8.5 Which were the severe Laws that the Popish Bishops and Prelates had obtained against the Professors of the true Religion whom they had nick-named in derision Lollards Hereticks and Gospellers When the Reformation in Edward the 6 th's time had restored the right Administration of the Sacrament of the Lord's Supper they rested for two years before they reformed the Liturgy to the end they might by degrees and with all Acts of Clemency and Kindness draw the Papists off from their Innovations and Corruptions but finding that would not do in the 3 d. year of Ed. 6. An Act for Vniformity of Service and Administration of the Sacraments throughout the Realm was made and enjoyned upon much milder penalties than any Laws relating to Religion that were made by the Papists for the Excellency of the Preamble of which Act and that the truth of the Penalties may appear I have inserted both 23 E. 6. Ca. 1. Rast Stat. f. 932. An Act for Vniformity upon mild Penaltus injoyned Whereas long time there hath been had in this Realm of England and in Wales divers forms of Common-Prayer commonly called the Service of the Church that is to say the use of Sarum of York of
the Seminary Priests then in England or which should after that timâ— have come hither had been of Mr. Morton and Mr. Saunders his mind before mentioned when the first Excommunication came out or of Mr. Saunders his second resolution being then in Arms against Her Majesty in Ireland or of Mr. Parsons The Parliament excused Traiterous disposition both to our Queen and Country The said Laws no doubt had carried with them a far greater shew of Justice But that was the Error of the State and yet not altogether for ought they knew improbable those times being so full of many dangerous designments and Jesuitical practices In this Year also divers other things fell out unhappily towards us poor Priests and other the graver sort of Catholics who had all of us single Hearts and disliked no man more all such factious enterprizes For notwithstanding the said Proclamation and Law Heywoods Practices Mr. Heywood a Jesuit came then into England and took so much upon him that Father Parsons fell out exceedingly with him and a great trouble grew amongst Catholics by their Brablings and Quarrels A Synod was held by him the said Mr. Heywood and sundry Ancient Customs were therein Abrogated to the offence of very many Campian answered as Sherwin did These Courses being understood after a sort by the State the Catholics and Priests in Norfolk felt the smart of it This Summer also in July Mr. Campian and other Priests were apprehended whose Answers upon their Examinations agreeing in effect with Mr. Sherwins before mentioned did greatly incense the State for amongst other Questions that were propounded unto them this being one viz. if the Pope do by his Bull or Sentence pronounce Her Majesty to be deprived and no Lawful Queen The Question propounded to Campian and others and her Subjects to be discharged of their Allegiance and Obedience unto Her and after the Pope or any other by his Appointment and Authority do Invade this Realm which part would you take or which part ought a good Subject of England to take some Answered that when the Case should happen they would then take Councel what were best for them to do Another that when that Case should happen he would Answer and not before Another that for the present he was not resolved what to do in such a Case Another that when the Case happeneth then he will Answer Another that if such deprivation and Invasion should be made for any Matter of his Faith he thinketh he were then bound to take part with the Pope Now what King in the World being in doubt to be invaded by his Enemies and fearing that some of his own Subjects were by indirect means drawn rather to adhere to them then to himself would not make the best Tryal of them he could for his better satisfaction whom he might trust to In which Tryal if he found any that either should make doubtful Answers or peremptorily affirm that as the Case stood betwixt him and his Enemies they would leave him their Prince and take part with them might he not justly repute them for Traitors and deal with them accordingly sure we are that no King or Prince in Christendom would like or tolerate any such Subjects within their Dominions if possibly they could be rid of them Thus much the secular Priests themselves Confess and certainly then 't is not to be denied but they own all the Treasons and Villanies that the Protestants charge upon the Papists only they would fain excuse themselves and the grave sort of Catholicks from having any hand in them And at the same time they justifie the State in their procedure against them because they have a Colour of reason to believe them all alike and know not but they are so But may the Papists say tho the States might have reason to make it a Capital offence to reconcile any of the Subjects of England to the See of Rome yet it seems hard to make a Man a Traitor for staying in or if a Man be out returning to his Native Countrey which 27 th Eliz. cap. 2. doth which Objections will be sufficiciently answered by the following Account of their Practices in the Queens Dominions from the twenty third year of her Reign to the twenty seventh The Papists had Writ so much against the Queen and other Excommunicate Princes that divers who had the Popes power in Esteem were perfectly drawn from their obedience and amongst others in the Year 1583 one Somervil Somervils Conspiracy Camb. Annals f. 289. Foulis Hist l. 7. cap. 4. f. 338. Bakers Chron. f. 361. who went to the Queens Court and breathing nothing but Blood against the Protestants furiously set upon one or two by the way with his drawn Sword and being apprehended Confessed that he designed to have killed the Queen with his own hands One Edward Arden Somervil's Wives Father his own Wife Somervil's Wife and one Hall a Priest were Arraigned and Condemned for this Conspiracy Somervil was three days after found strangled in Prison Arden was hanged and Quartered But so merciful was the Queen that she spared the Women and the Priest This unfortunate Gentleman Somervil was drawn into all this by the cunning of a Priest and cast by his Evidence saith Mr. Cambden In the Year 1584. Francis Throgmorton eldest Son of John Throgmorton a Justice of Peace in Cheshire Francis Throgmorton's Conspiracy Camb. Annals f. 294.298 Bakers Chron. f. 362. was Clapt up for being in a Conspiracy to bring in an Army of Foreigners and Deposing the Queen And no sooner was he Committed to Custody and had Confessed some things But Thomas Lord Paget and Charles Arundel a Courtier who joyned with him in the Conspiracy privily fled the Land and withdrew themselves into France And Mendoza the Spanish Ambassador who was likewise engaged in the same Design being greatly reprehended for it secretly Crost the Seas into France Throgmorton Confessed the Fact and afterwards denied it and after that cast himself upon the Queen's Mercy and in writing Confessed the same again at large But at the Gallows pretended to deny it again he being executed and the others fled that Conspiracy came to nothing Soon after this there was a further Discovery of the design of the Pope the Spaniard Camb. Annals f. 299. Foulis Hist l. 7. cap. 5. f. 345. The Earl of Arundel and Northumberland were ingaged Camb. Annals f. 310 311. there you will see the design was for delivering the Queen of Scots for the Conquering of England and the destruction of the Protestant Religion and the Guises for invading England which was Discovered in this manner One Chreighton a Scotch-man of the Society of Jesus passing into Scotland and being taken by some Netherland Pirates tore certain Papers in pieces the torn pieces being thrown over board were by the Wind blown back again and fell by chance into the Ship not without a Miracle as Chreighton himself said and Sir Willam
continue your daily Plotting of so Tragical Stratagems against Recusants It is ordered that none of these Five knoweth who the other Four be for the better preventing the discovery of the rest if so any one by attempting and not performing should be apprehended It is also already agreed who shall first attempt it by shot and so who in order shall follow In accomplishing of it there is expected no other than assurance of Death yet it will willingly be embraced for the preventing of those general Calamities which by this your transcendent Authority and Grace with His Majesty are threatned unto us And indeed the difficulties herein are more easily to be digested since Two of the intended attempters are in that weak estate of Body that they cannot live above three or four Months The other Three are so distressed in themselves and their Friends as that their present griefs for being only Recusants do much dull all aprehensions of Death None is to be blamed in the true censuring of Matters for the undertaking hereof Nor are they to be blamed for it for we protest before God we have no other means left us in the World since it is manifest that you serve but as a Match to give Fire unto his Majesty to whom the worst that we wish is that he may be as great a Saint in Heaven as he is King on Earth for intending all mischiefs against the poor distressed Catholics Thus giving your Lordship this charitable admonition the which may perhaps be necessary hereafter for some others your inferiours at least in grace and favour if so they run on in their former inhumane and unchristian rage against us I cease putting you in mind For 't is true and Spiritual Resolution that where once True and Spiritual Resolution is there notwithstanding all dangers whatsoever the weak may take sufficient revenge of the great Your Lordships well admonishing Friends c. A. B. C. c. It may be your Lordship will take this but as some forged Letter of some Puritans thereby to incense you more against Recusants But we protest upon our Salvation it is not so Neither can any thing in humane likelihood prevent the effecting thereof but the change of your Course towards Recusants This Letter at the beginning affords fair seeming to detest the Gun-Powder-Plot as Watson did the Popish Treasons in Queen Elizabeths time and was hanged for Treason in the beginning of the Reign of King James but little credit is to be given to what they say if it be considered that the very design of it is to apoligize for Murther and that they therein assert that although they Murther Privy Counsellors yet the Murtherers may be good men nor are they to be blamed for it for it is a true and spiritual resolution What influence this Letter had the sequel will evince for the said Oath was immediately confirmed by Act of Parliament and the Papists injoyned to take it in the Circumstances and upon the Penalties in the Act for that purpose mentioned the sum and substance of which Act followeth it is Intitled An Act for the better discovering and repressing of Popish Recusants The Preamble of the Act runs thus 3. Jac. 1. c. 4. Rast Stat. f. 591. Papists must receive the Sacrament and take the Oath of Allegiance c. upon pecuniary mulcts if neglected FOrasmuch as it is found by daily Experience that many His Majesties Subjects that adhere in their hearts to the Popish Religion by the infection drawn from thence and by the Wicked and Divelish Councel of Iesuits Seminaries and other like Persons dangerous to the Church and State are so far perverted in the point of their Loyalty and due Allegiance to the Kings Majesty and the Crown of England as they are ready to entertain and Execute any Treasonable Conspiracies and Practices as evidently appears by that more then barbarous and horrible Attempt to have blown up with Gun-powder the King Queen Prince Lords and Commons in the House of Parliament Assembled tending to the utter Subversion of the whole State lately undertaken by the instigation of Iesuits and Seminaries and in Advancement of their Religion by their Schollars Taught and Instructed by them to that purpose which Attempt by the only goodness of Almighty God was discovered and defeated And where divers Persons Popishly affected do nevertheless the better to cover and hide their false Hearts and with the more safety to attend the opportunity to execute their mischievous Designs repair sometimes to Church to escape the Penalty of the Laws in that behalf provided Then for the better discovery of such Persons and their Evil affections to the Kings Majesty and to the State of the Realm to the end that being known their Evil Purposes might be the better prevented It was enacted that every Papist that Conforms shall Yearly receive the Sacrament upon twenty pounds Forfeiture upon the first Years neglect forty pounds the second sixty pounds the third and so forwards sixty pounds Yearly until he or she shall have received it That Papists their Children of Nine Years and Servants shall be once a Year presented at the general or Quarter Sessions Which presentments are to be recorded at the Sessions That the Iustices of Assize and Goal Delivery and Iustices of Peace shall hear and determine the Offence That Proclamation shall be made at the Assizes or Sessions for the Offender to render his body to the Sheriff Bayliff or Keeper of the Goal of the Liberty before the next Assizes or Sessions c. And if the Offender doth not he stands Convicted and forfeits twenty pounds a Month for every Month contained in the Indictment whereon he his Convicted That every Conviction shall be certified into the Exchequer that the King may refuse twenty pounds a Month and take two parts of the Papists Lands save their Mansion House That the Kings two parts shall not be Leased to Papists Noblemen and Noblewomen are excepted That the Oath of Allegiance shall be tendred to all Persons of the Age of Eighteen Years or above Convicted or Indicted for Recusancy for not going to Church for not receiving the Sacrament or that pass through any Country Shire or Liberty and unknown Who refuse taking this Oath incur a Premunire except Women covert who are to be Committed to the Common Goal without Bail or Mainprize till they take the Oath No Indictment or other Proceedings against the Papists shall be discharged or reversed for default of Form but Conformity discharges all Proceedings whatever Felony in any that go beyond Seas to serve any Forreign Prince c. or being there shall voluntarily serve such Prince not first having taken the Oath Felony in any Gentleman or Person of higher Degrée or any that is or hath born Office in Camp Army or Company of Souldiers to go beyond the Seas voluntarily to serve a Foreign Prince or shall voluntarily serve any Prince unless he first enters into Bond
they thought to have destroyed And yet so far hath both my Heart and Government been from any bitterness as almost never one of those sharp additions to the former Laws have ever yet been put in Execution And that ye may yet know further for the more convincing these Libellers of wilful Malice who impudently affirm that this Oath of Allegiance was devised for deceiving and intrapping of Papists in point of Conscience The truth is that the Lower-House of Parliament at the first framing of this Oath made it contain that the Pope had no Power to Excommunicateme which I caused them to reform only making it to conclude That no Excommunication of the Popes can warrant my Subjects to practice against my Person or State denying the deposition of Kings to be in the Popes lawful Power As indeed I take any such Temporal violence to be far without the Limits of such a spiritual Censure as Excommunication is So careful was I that nothing should be contained in this Oath except the profession of Natural Allegiance and Civil and Temporal obedience with a Promise to resist all contrary uncivil violence This Oath now grounded upon so great and just occasion set forth in so reasonable Terms and ordained only for making a true distinction between Papists of quiet dispotion and in all other things good Subjects and other Papists such as in their hearts maintained the like violent bloody Maxims that the Powder Traytor did * And here I can't but take notice that the very design of the Oath of Allegiance was to make a distinction between Papists of unquiet and turbulent and of quiet and peaceable Minds and had not in its original any influence upon the Protestants nor did at the time of making concern them and that after Protestants were enjoyned to take it the same was intended to no other purpose then to difference them from Papists and therefore the taking the new Oaths to their present Majesties cannot but be well consistent with the former Oath of Allegiance especially if it be considered that the late King is himself a Papist So that it is evident King James thought the said Plots Treasons Conspiracies and other unbecoming and undutiful words and practices was ground sufficient to make the said Law. And doubtless The Powder-Treason justifies the State in making another Act of Parliament the same Session Intitled An Act to prevent and avoid danger which may grow by Popish Recusants The preamble of which Act making it further to appear that the Powder-Treason was the occasion of making this Law I shall here insert the Preamble verbatim and then the substance of the Act. WHereas divers Iesuits 3 Jac. 1. ca. 5. Rast Stat. f. 597. Papists banished the Court and the City of London upon a pecuniary Mulct Seminaries and Popish Priests dayly do withdraw many of his Majesties Subjects from their true Service of Almighty God and the Religion established within this Realm to the Romish Religion and from their Loyal obedience to his Majesty and have of late scretly perswaded divers Recusants and Papists and encouraged and embolâ—ned them to commit most damnable Treasons tending to the overthrow of Gods true Religion the destruction of his Majesty and his Royal Issue and the overthrow of the whole State and Common-wealth if God of his Goodness and Mercy had not within few hours before the intended time of the Execution thereof revealed and disclosed the same wherefore to discover and prevent such secret and damnable Conspiracies and Treasons as hereafter may be put in use by such evil disposed Persons if remedy be not therefore provided Then the Law provides That the discoverer of Iesuites or Priests or harbourers of them shall have the third Part of all that is recovered against them so as the same exceeds not One hundred and Fifty Pounds and Fifty Pounds only where it exceeds the sum of One hundred and Fifty Pounds No Papist shall come to Court upon the Penalty of a Hundred Pounds for every default Papists not to come into London nor ten Miles compass of the same upon forfeiture of One hundred Pounds Papists confined to their Houses or Places of above and not to remove above five Miles from thence Not to Travel without Licence how Licence to be obtain'd and no License to be given to enable them to the contrary but such as are prescribed by this Act His Majesty Three of the Privy-Council Four Iustices of the Peace with the Privity may License and assent of the Bishop Lieutenant or Deputy Lieutenant under Hand and Seal the cause of removing must be inserted in the Warant and Oath made of the truth of it Papists disabled from Practicing as Lawyers Common or Civil c. All Papists convict are disabled from practising as a Counsel Clark Attorney or Sollicitor Advocate or Proctor as Physician using the Trade of an Apothecary from being Iudge Minister Clark or Steward of or in any Court or keeping any Court or being Town Clark or other Minister or Officer in any Court from bearing any Office or Charge as Captain Lieutenant Corporal Serjeant Antient Bearer or other Officer in Camp Troop Band or Company of Souldiers from being Captain Master Governour or bearing any Office or Charge A Man having a Wife a Papist Convict is disabled from exercising any public Office or Charge Feme Covert Convict looses part of her Joynture c. of or in any Ship Castle or Fortress and forfeits one hundred pounds for every Offence besides the disability No Popish Recusant Convict nor any having a Wife being a Popish Recusant Convict shall exercise any public Office or Charge in the Common-wealth but are utterly disabled Feme Covert Convict looses two parts of her Ioynture and Dower is disableâ— from being Executrix or Administratrix to her Husband and to have any Part of his Goods or Chattels A Popish Recusant Convict is disabled as an Excommunicate Person But notwithstanding it he may sue for or concerning only such of his or her Lands c. or the issues thereof which are not to be seized or taken into the Kings Hands his Heirs or Successors by force of any Law for or concerning his or her Recusancy or any part thereof Every Man that is a Papist covict Marrying contrary to the Orders of the Church of England is disabled from being Tenant by the courtesie if any Lands c. of his Wives and if she hath no Lands forfeits a hundred Pounds a Woman Papist convict so marrying is disabled to Claim Dower Papists must Marry according to the usage of the Church of England Papists must Bapt. according to the usage of the Church of England Their Children must not be sent beyond Seas Papists shall not present to Livings Popish Books inhibited Papists to be disarmed Ioynture and Widows Estate and Franck Bank in customary Lands Papists must baptize their Children according to the Rites of the Church of England upon a hundred Pounds
penalty twenty Pounds forfeiture for not burying according to the Rites of the Church of England Children sent beyond Seas without Lycense are disinherited and disabled to take any Lands or Personalty by Gift Conveyance Descent Devise or otherwise till they take the Oath of Allegiance a hundred Pound penalty for sending them Soldiers Marriners Merchants their Apprentices or Factors excepted Popish Recusants convict are disabled to dispose of any of their Ecclesiastical Livings but the Chancellor and Schollars of Oxford and Cambridge have the right of Presentation Nomination c. but none to be presented who hath a Benefice with cure of Souls Papists are disablede from being Executors Administrators Guardians No Person to bring from beyond Sea Print Sell or Buy any Popish Primers Ladies Psalters c. upon the Penalty of Forty shillings for every such Book two Iustices of Peace within their Iurisdiction Bayliffs and chief Officers of Cities and Towns may search for popish Books and what are found they may burn Papists Armor shall be seized other then what is Iudged by the Iustices absolutely necessary for the defence of their Houses If they refuse to permit a Search to delivet Armor or Munition when t is found they forfeit the Armor and Munition and are to suffer three Months imprisonment without Bayl or Main-prize they must maintain their Armor notwithstanding it be taken away Ecclesiastical Censures are saved Vid. Roger Widdringtons Theological Disputation Epist Dedicat. to Pope Paul 5. S. 6. No sooner was this Oath and these Acts of Parliament made and published but the Romish Priests fall a Caballing Consulting what they and their Friends ought to do in this Case Of these George Blackwell was Chief his Title ran thus George Blackwell by the Grace of God and the Ordinance of the See Apostolick Arch-Priest of England He and several other Priests agreed the Oath was Lawful and might with a safe Conscience be taken by Papists But this was opposed by certain Jesuites and some other Priests which begot a great Feud and Contest amongst their own Party The Pope and his Assistants were against taking the Oath as if it were enough to overthrow their whole Religion and out thunders the Pope a Breve Right or Wrong expresly Commanding the English not to take the said Oath upon any Account whatsoever part of which Breve is Printed in Foulis in English and Latine which take as it is there The Popes 1st Bull against taking the Oath of Allegiance Foulis Hist l. 10. cap. 3. f. 927. Dilecti filli Salutem Apostolicam Benedictionem MAgno Animi maerore nos semper affecerunt tribulationes calamitates quas pro retinenda Catholica fide jugitur sustinvistis Sed cum intelligamus omnia hoc tempore magis exacerbari afflictio nostra mirum in modum aucta est c. Non potestis absque evidentissima gravissimaque divini honoris injuria obligare vos juramento quod fimiliter maximo cum cordis nostri dolore audivimus propositum vobis fuisse Prestandum Here was inserted the Oath it self infra scripti Tenoris viz. Ego A. B. c. Quae cum ita sint vbis ex verbis ipsis perspicuum esse debet quod bujusmodi juramentum salva fide Catholica salute animarum vestrarum perstari non potest cum multa contineat quae fidei saluti aperte adversantur propterea admonemus vos ut ab hoc atque similibus juramentis prestandis omnino caveatis quod quidem eo acrius exigemus à vobis quia experti vestrae fidei constantiam quae tanquam aurum in fornace perpetuae tribulationis igne probatum est Procomperto habemus vos alacri aâ—imo subituros esse quaecunque atrociora tormenta ac mortem denique ipsam constanter appetituros potius quam Dei Majestatem ulla in re taedatis c. Precipimus vobis ut illarum Litterarum verba ad amussim servetis simpliciter prout sonant jacent accipitis intelligatis sublata omni facultate illa aliter interpretandi c. Datum Romae apud Sanct. Marcum sub Annulo Piscatoris X. Kalend. Octob. 1606. Pontificatus nostri Anno Secundo Dearly beloved Sons Greeting and Apostolical Benediction THe Tribulations and Calamities which you have continually sustained for the keeping of the Catholick Faith hath always afflicted us with great Grief of mind but forasmuch as we understand that at this time all things are more grievous our affliction hereby is wonderfully encreased c. You cannot without most evident and grievous wronging of Gods honour bind your selves by the Oath which in like manner we have heard with very great Grief of heart is admitted unto you of the Tenor following viz. I A. B. c. Which things since they are thus it must evidently appear to you that such an Oath cannot be taken without wrong to the Catholick Faith and the Salvation of your Souls seeing it contains many things plainly contrary to Faith and Salvation wherefore we admonish you that you do utterly abstain from taking this and the like Oaths Which thing we the more earnestly require of you because we have experience of the Constancy of your Faith which is tryed like Gold in the Fire of perpetual Tribulation we do well know that you will chearfully undergo all kind of cruel Torments whatsoever yea and constantly endure Death it self rather then you will in any thing offend the Majesty of God c. We Command you that you do exactly observe the words of those Letters and that you take and understand them simply as they Sound and as they Lye all Power to interpret otherwise being taken away c. Dated at Rome at St. Marks under the Signet of the Fisher the 22 d. of Septemb. 1606. the 2 d. Year of our Popedom This Breve was presently sent into England notwithstanding it was High Treason to bring it but divers of the Papists having then taken the Oath were unwilling to believe that the Pope himself sent it but that it was * Foulis f. 527. Surreptitiously procured without the Popes knowledge whereupon the Pope to let them know that tho' the Pope might die yet the Bloody and barbarous Tenets and Doctrines of the Popedom were as lasting as the Popedom it self to satisfie those who doubted of the Reality of the former he sent another into England which follows as Foulis relates it Dilecti filii Salutem Apostolicam Benedictionem REnunciatum est nobis reperiri non nullos apud vos qui cum satis Declaraverimus per literas nostras Anno superiore X. Kalend. Octob. in forma Brevis datas vos tuta Conscientia prestare non posse juramentum quod a vobis tunc exigebatur praeterea triste preceperimus ne ullo modo illud praestaretis Nunc dicere audent hujusmodi literas de prohibitione juramenti non ex amini nostri Sententia nostraque propria voluntate scriptas fuisse sed potius aliorum
and to employ the Power he left him to restablish him in the Estate and Dignitys of his Father on the 27th of March in the Twenty third Year of his Reign he gave up the Ghost From what Account I have given of Matters relating to the making the Penal Laws and the Reasons of not putting them in Execution in this Kings Reign I gather these things 1. That there is no heed to be taken to any promises made Advice given nor Oaths taken by Papists for if the Interest of the Popish Religion Intervenes the Promises Advice yea even the Oaths themselves must give way and 't is Meritorious too 2. That when it is to serve the Popish Interest they are allowed to deny the plainest truths although confest by Men in Articulo Mortis at the very point of Death 3. That whenever they are detected of any Conspiracy or Treason they immediately set their Wits to work to throw the odium of it upon some sort of Protestants or other nay sometimes they make it an essential part of the Conspiracy it self 4. That when they found themselves lost as to more private Conspiracies they involved Christendom in War to destroy the Protestant Interest upon the Colour of the Elector Palatines having Usurped the Crown of Bohemia notwithstanding he was legally Elected and made use of the Cowardise of King James to carry on that Design 5. That they want not Arts to deceive even Protestants themselves if they look not narrowly to them so much can they transform themselves into the likeness of Truth 6. That the loss of the Palatinate the differences between King James the first and his Parliaments the Spanish Treaty and at last the compleating the French Match were all carried on by Popish Intregues and to serve the Popes turn Certainly then there was good reason for the making the Penal Laws in this Kings Reign and the Parliament are greatly justified in pressing an Execution of them which had it been granted a Man may with good reason believe all the Civil Wars in the succeeding Reign had been prevented And this might lead me to show the share the Popish Party had in the beginning managing and carrying on that unhappy and ever to be lamented War but my design being only to show the reasonableness of making the Penal Laws against the Papists and there being but one Law made against them in this unfortunate Princes Reign I shall only give the grounds of making that Law and pass on to the Reign of his Son King Charles the Second CHAP. IX K. Ch. I. King Charles 1. His Accession to the Crown Bakers Chron. f. 451. Rushw Coll. 1 Pt. f. 165 167 170. KIng James the First being dead King Charles the First was immdiately Proclaimed he buried his Father the 7th of May 1625. The 13th of June in the same Year the Match between him and the French Kings daughter was consummated here in England A Chappel at Sommerset House was built for the Queen and her Family with conveniences thereunto adjoyning for Capuchin Fryers who were therein placed and had permission to walk abroad in their Religious Habits Thence forwards greater multitudes of Seminary Priests and Jesuites repaired into England out of foreign Parts then before The Parliament meet The 18th day of June the Parliament opened they after the usual Proceedings at the first sitting down Petitioned the King concerning Religion and against Papists he by his Answer gave them assurance of his real performance of what they desired in every particular Papists Pardon'd contrary to promise Rushw Coll. 1 Pt. f. 280. But notwithstanding this soon after his Majesty granted a Pardon to one Alexander Baker a Jesuite and unto ten other Papists which was gotten as there was information given by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees. And divers Copys of Letters and other Papers found by two Justices of Peace in the House of one Mary Estmonds in Dorsetshire were stifled by the Secretarys means The Commons upon these passages made observations First that the Pardon was dated the very next day after his Answer to their Petition Secondly That the Pardon dispensed with several Laws as 21. and 27. Eliz. and 3. Jac. provided to keep the Subjects in due obedience Thirdly That the Pardon was signed by the Principal Secretary of State. The Commons therefore declared that these actings tended to the prejudice of true Religion his Majesties dishonour the discountenancing of Ministers of Justice the grief of the good People the animating of the Popish Party who by such Examples grew more proud and insolent and to the discouragement of the High Court of Parliament The Petition concerning Religion and the Kings Answer take as they are printed in Rushworths Collection First Part f. 281. To the King 's Most Excellent Majesty Most Gracious Sovereign IT being infallibly true that nothing can more establish the Throne and assure the Peace and Prosperity of the People then the unity and sincerity of Religion we your most humble and Loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled and hold themselves bound in Conscience and Duty to represent the same to your Sacred Majesty together with the dangerous consequences of the increase of Popery in this Land and what we conceive to be the principal cause thereof and what may be the Remedies The Dangers appear in these Particulars 1. In their desperate ends being both the Subversion of the Church and State and the restlessness of their Spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good Service 2. Their evident and strict dependency upon such Foreign Princes as no way affect the good of your Majesty and this State. 3. The opening a way of popularity to the Ambition of any who shall adventure to make himself head of so great a Party The Principal Cause of the increase of Papists 1. The want of the due Execution of the Laws against Jesuits Seminary Priests and Popish Recusants occasioned partly by the Connivency of the State partly by defects in the Laws themselves and partly by the manifold abuse of Officers 2. The interposing of Foreign Princes by their Ambassadors and Agents in favour of them 3. Their great Concourse to the City and frequent Conferences and Conventicles there 4. The open and usual resort to the House and Chappels of Foreign Ambassadors 5. the Education of their Children in Seminaries and Houses of their Religion in Foreign Parts which of late hath been greatly multiplied and enlarged for the entertaining of the English 6. That in some places of your Realm your People be not sufficiently Instructed in the Knowledge of the true Religion 7. The Licentious Printing and Dispersing of Popish and Seditious Books 8. The Employment of Men ill affected in Religion in