and Attempts against Her Majesties most Royal Person now for the explaining of all such Ambiguities and Questions which otherwise might happen to grow by reason of any sinister or wrong Construction or Interpretation to be made or inferred of or upon the Words or Meaning thereof Be it declared and enacted by the Authority of this present Parliament The Association approved and confirmed that the said Association and every Article and Sentence therein contained as well concerning the disallowing extending or disabling of any Persons that may or shall pretend any Title to come to the Crown of this Realm and also for the pursuing and taking Revenge of any Person for any such wicked Act or Attempt as is mentioned in the same Association shall and ought to be in all things expounded and adjudged according to the true Intent and Meaning of this Act not otherwise nor against any other Person or Persons The latter of the said two Acts of Parliament is intituled An Act against Jesuits Seminary Priests and such other like disobedient Persons The Preamble runs thus 27 Eliz. cap. 2. Rast Stat. 2. part f. 285. Treason for Priests and Jesuits to come into England Harbouring them Felony c. WHereas divers Persons called or professed Iesuits Seminary Priests and other Priests which have been and from time to time are made in the Parts beyond the Seas by or according to the Order and Rites of the Romish Church have of late years come in and been sent and dayly do come and are sent into this Realm of England and other the Queens Majesties Dominions on purpose as it hath appeared as well by sundry of their own Examinations and Confessions as by divers other manifest Means and Proofs not only to withdraw Her Highnesses Subjects from their due Obedience to Her Majesty but also to stir up and move Sedition Rebellion and open Hostility within the same Her Highnesses Realms and Dominions to the great indangering of the Safety of her most Royal Person and to the utter Ruine Desolation and Overthrow of the whole Realm if the same be not the sooner by some good Means foreseen and prevented For reformation whereof it is enacted That all Iesuits Seminary Priests and other Priests whatsoever Ordained within or without the Queens Dominions by virtue of the Popes Authority should depart within forty Days That those who should afterwards return into the Kingdom should be guilty of High-Treason That he who should wittingly and willingly Harbour Relieve and Maintain them should be guilty of Felony that those who were brought up in Seminaries if they returned not within six Months after Notice given and submitted not themselves to the Queen before a Bishop or two Iustices should be guilty of High Treason and if any so submitting themselves should within ten years approach the Quéens Court or come within ten Miles thereof their Submission should be void That those who should by any Means whatsoever send or convey over any Money to Students in such Seminaries should incur the Penalty of a Premunire That if any of the Peers of the Realm that is Dukes Marquisses Earls Viscounts or Barons of Parliament should offend against these Laws he should be brought to his Tryal by his Peers That if any should know of any such Iesuits or other Priests above said lurking within the Realm and should not discover them within twelve Days he should be Fined and Imprisoned at the Queens Pleasure That if any Man should be suspected to be a Iesuit or Priest as aforesaid and not submit himself to Examination he should for his Contempt be imprisoned till he did submit himself That he who should send his Children or any others to Seminaries and Colledges of the Popish Profession should be fined in an hundred Pounds of English Money and that those who were so sent thither should not succeed as Heirs nor enjoy any Estates which should any way fall to them the like for all such as should not return home from the said Seminaries within a year unless they did conform themselves to the Church of England That if the Wardens or Officers of the Ports should permit any others besides Sea-men and Merchants to cross the Seas without Licence of the Quéen or six Privy Councellors they should be put out of their Places and the Masters of such Ships as carried them should forfeit their Ships and Goods and suffer Imprisonment for a whole Year Reflections upon the foregoing Plots Treasons and Acts of Parliament occasioned by them From which said Plots Conspiracies and Treasons and the said Acts of Parliament occasioned by the same I observe these things amongst many others observable 1. That there are no Villanies that can be imagined so bad but the Romish Clergy even the Pope himself will tell you is lawful to be Committed to carry on the interest of that Religion and instruments enough are to be found amongst Men of that Communion to undertake the Committing thereof one instance whereof we have in this Parry who did not only think it lawful but undertook it to murder his own Lawful Soveraign and had Authority so to do from the Pope himself and that he might sit in the House of Commons must needs be Guilty of a Wilful Perjury for by 13. Eliz. cap. 2. none could sit in that House but he who first had taken the Oath of Supremacy and that he did sit there is plain from the History and tho it doth not appear that he had a Dispensation for it yet 't is not to be doubted but that he was sure of a Pardon in case he had not a Dispensation 2. That the Protestants in those days thought it not only lawful but their Duty to Associate for the preservation of their Prince and of their Religion and having so done they were so far from being blamed by the Parliament that the Parliament did esteem it not only as a Lawful but a Commendable Act and added their Sanction to confirm what before they judged Lawful 3. That the Parliament in the 27 th Year of Queen Elizabeths Reign were so far from questioning their own power of determining and limiting the Crown and the Succession thereof that they did not only think it in their Power but reduced it into Act too to make the Successor Guilty of High Treason that should imbrue His or Her hands in the Blood of the Predecessor and hereby altered the Law 1. H. 7.4 Fitz. Abr. tit Parl. 3. Bro. Abr. tit Parl. 37. Plowd 238. b. that the Accession to the Crown purges the Treason because all Persons named in Acts of Parliament even the King himself are bound by such Acts of Parliament wherein they are named they being no ways alterable but by the same power not Persons that made them 4. That the severity of the Laws hitherto made did not actually deter the Papists from Plotting and Conspiring the Death of the Queen and the subverting the Protestant Religion Nor was it likely to
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
by her Authority from any other whatsoever c. Dated at Rome at St. Peters c. 1. Feb 1608. Birket upon the Receipt of this Breve draws up and sends abroad this admonishing Letter To all the Reverend Secular Priests of ENGLAND Most Dearly beloved Brethren WHereas I have always desired to live without molesting or offending others Birkets Letter to the Popish Clergy against taking the Oath and going to Church Foulis Hist l. 10. cap. 3. f. 530. it cannot be but a wonderful corosive Sorrow and Grief unto me that against mine own inclination I am forced as you have seen by the Breve it self to prescribe a certain time for such as do find themselves to have been contrary to the Points which are touched in the said Breve concerning the Oath and going to Church that they may thereby return and conform themselves to the Doctrine declared by his Holiness both in this and the other former Breves And therefore now by this Present do give notice unto you all that the time which I prefix and prescribe for that purpose is the space of two Months next ensuing after the knowledge of this Admonition Within which time such as shall forbear to take or allow any more the Oath or going to Church I shall most willingly accept their doing therein Yet signifying unto you withal that such as do not within the time prescribed give this Satisfaction I must tho much against my Will for fulfilling his Holinesses Commandments deprive them and denounce them to be deprived of all their Faculties and Priviledges granted by the See Apostolick or by any other Authority thereof unto them or to any of them and so by this Present do denounce hoping that there is no Man will be so wilful or disobedient to his Holinesses Order but will conform himself as becometh an obedient Child of the Catholick Church And so most heartily wishing this Conformity in us all and that we may Live and Labour together Unanimes in Domo Domini I pray God give us the Grace to effect that in our Actions whereunto we are by our Order and Profession obliged Your Servant in Christ George Birket Arch-Priest of England and Protonotary Apostolical This 2d of May 1608. There was by reason of these Bulls great Writing against the Lawfulness of Papists taking the Oath And it can't be but all of them who writ against it make this their Foundation That it takes away the Popes power of depriving Kings and absolving Subjects from their Allegiance So that certainly it was high time for the State to take care of the safety of their Religion and their Prince the Defender thereof The Parliament therefore in the Seventh Year of King James the First that they might know who were Friends to a Foreign power and consequently Enemies to the established Government made an Act of Parliament Intitled An Act for Administring the Oath of Allegiance and Reformation of married Women Recusants Which is the last Law I find made in this Kings Reign relating to the Papists The Preamble runs thus 7. Jac. 1. cap. 6. Rast Stat. 2. part f. 666. For taking the Oath of Allegiby Protestants as well as by Papists And Feme Courts Papists to Penalties VVHereas by a Statute made in the third Year of your Majesties Reign intituled An Act for the better discovering and repressing of Popish Recusants The form of an Oath to be ministred and given to certain Persons in the same Act mentioned is limited and prescribed tending only to the Declaration of such Duty as every true and well affected Subject not only by Bond of Allegiance but also by the Commandment of Almighty God ought to bear to your Majesty your Heirs and Successors which Oath such as are infected with Popish Superstition do oppugne with many false and unsound Arguments the just defence whereof your Majesty hath heretofore undertaken and worthily performed to the great Contentment of all your Loving Subjects notwithstanding the Gain-sayings of contentious Adversaries And to shew how greatly your Loyal Subjects do approve the said Oath they prostrate themselves at your Majesties feet beseeching your Majesty that the same Oath may be Administred to all your Subjects To which end we do with all humbleness beseech your Highness that it may be Enacted And then To shew how greatly they approved the said Oath they desired it might be Administred to all the Subjects of England and accordingly it was Enacted That it should be taken by all Persons above the Age of eighteen Years The penalty for the refusâ—ing upon tender is Imprisonment without Bayl or Main-prize and disability to execute any place of Iudicature to bear any other Office to use or Practice the Common or Civil Law Physick or Chirurgery the Art of an Apothecary or any Liberal Science for His or Her gain By this Act a married Woman that is a Papist convict if she doth not within three Months after Conviction conform shall be committed to Prison without Bayl or Main-prize unless her Husband will pay ten Pounds a Mouth for the Wives offence or the third part of all his Lands c. for so long time as she remaining a Papist convict shall continue out of Prison during which time and no longer she may be at Liberty The Penal Laws in this Reign justified And certainly Watson and Clarks Plot the Gun-Powder Treason and the restless endeavours of the Pope and the Jesuits by his sending and their bringing over Bulls to alienate the Kings Subjects from their Allegiance will highly justifie the State in making these Laws against the Papists that were made in this Kings Reign And the more reasonable will they appear to be if it be considered that we do not find that he ever Executed one Person Priest Jesuit or other for Religion but all Died for Treason even Garnet himself was sorry that he could not Dye for Religion his guilt of Treason being so notorious And therefore these Plots Conspiracies and Treasons carry in the Face of them the greatest ingratitude imaginable The King in the Tenth Year of his Reign being affrighted with Henry the Fourth of France his being Stabbed by Ravilliac ventures upon a Proclamation King James his last Proclamation against the Jesuits Wilsons Hist f. 51 52. strictly commanding all Jesuits and Priests out of the Kingdom and all Recusants to their own Houses not to come within ten Miles of the Court and secures all the rest of his Subjects to him by an universal taking of the Oath of Allegiance which the Parliament both Lords and Commons then sitting began and the rest of the People followed (a) Wilsons Hist f. 25. Soon after this Parliament was Dissolved and Prince Henry was created Prince of Wales after which the Kings first Treaty for disposal of any of his Children was by his Leiger Ambassador in Spain with that King for the Lady Elizabeth (b) Wilsons Hist f. 91. Rushw Col. 1 part f. 1. and
afterwards another Treaty was set on foot for Prince Henry with a Daughter of Spain What Religion the Spaniard was of is well known and what effect the Crown of England Matching into Popish Families abroad hath had is more to be lamented then remembred any other ways then to avoid the like mischiefs for the future In the 12 th Year of his Reign there were a generation about the Court Camb. f. 77. A Parliament called and dissolved because they complained of grievances and particularly of the increase of Papists that undertook for the calling such a Parliament as the King would have these were Men that presumed they had friends in every County and Borough who by their power among the People could make Election of such Men for Knights and Burgesses as should comply solely with the Kings desire and Somerset was the head and chief of these undertakers but these projects against the Fundamentals of the English Government proved an abortive for the Parliament meeting such Faces appeared there as was no ways pleasing to the Court who instead of contributing to the Kings wants lay open his wasts especially upon the Scots with whom they desire a share of Favour The Bread by our Saviour's Rule properly belongs to the Children of the Kingdom and they beseech his Majesty to stop the Current of future access of that Nation to make residence here having enough to eat up their own Crums they enquire into the Causes of the unexpected increase of Popish Recusants since the Gunpowder Plot the detestation whereof they thought should have utterly extinguished them and they attribute it to the admission of Popish Nobility into his Councels the silencing of many watchful and dilligent Ministers the divers Treaties his Majesty had entertained not only for the Marriage of Prince Henry but for Prince Charles with the Daughters of Popish Princes which disheartned the Protestant and encouraged the Papist they laid open with these many other miscarriages in Government the King desirous to conceal these Matters dissolves the Parliament and Committed to the Tower and other Prisons such as were most active for the common good and who can deny but that this must needs give encouragement to the Papists In the 15 th Year of his Reign he put out a Book to Tollerate Sports on the Lords Days this Book came out with a Command injoyning all Ministers to read it to their Parishoners and to approve of it A Book of Sports obtruded and those that did not were brought before the High Commission Imprisoned and Suspended This was a contrivance of the Papists and their adherents to trap the most Conscientious Men of the Church of England who were in all other matters exactly conformable and to lay them aside and good reason the Papists had for this because no Nation will ever receive their innovations in Matters of Religion where there is a Sound Orthodox Learned and Pious Clergy Wilsons Hist. f. 105. Wilson says that some of the Ministers that were Suspended said that they would Preach the Gospel in a Fools Coat rather then be silent for a Surplis and the Conjuring of them with the Cross in Baptism and the Circle of the Ring in Marriage could not make a well composed Reason and a sound Conscience then start at it But when so frighful an Aparition as the Dancing Book appeared some of the Ministers left all for fear others by force they were so terrified by it This I have set down in Willsons own words because it appears by this that the Men that were suspended were proceeded against not for Puritanism or Nonconformity to the discipline of the Church of England but for non-complying with things obtruded on them by right down Papists or those who whether they saw it or no I cannot tell were carrying on the Popish designs The King having all along had a design of Matching his Son Rushw Col. 1. part f. 11. either to Spain or France it is no wonder that the Priests and Jesuits swarm here and much less a wonder that they endeavour to promote their own Religion for if they will do it when the Edge of Justice is sharpned against them much more when he that should make use of the Sword is so merciful that let them do what they will he will not or so fearful he dares not strike As Prophanness by reason of the Book of Sports crept in by their means so did Idolotry and Superstition for their was now more enmity against Ministers of the Gospel then Popish Priests and no wonder for let a Peoples Morals be once throughly debauched and 't will not be very difficult to make them outwardly of what Religion you will. The Jesuits Jugling with the Boy of Bilson Wilsons Hist. f. 107. The Popish Priests and Jesuits having now more liberty then they had had for above fifty Years resolve to make much of their time and because they cannot much boast of real holiness pretended Miracles must recommend them to the People for this purpose the Boy of Bilson was set up by them as he himself afterwards confest to Act the part of one possest with a Divel and they were to come and disposes him that so it might appear how much Gods Power was exprest in their weakness and to difference the truth and holiness betwixt the Catholic Religion and the Heresie profest among Protestants such Godly cheats are they always making use of to deceive the Hearts of the simple This Boy Bishop Morton discovered to be an imposture and when he had made the discovery and the Boy found he was detected he confest the whole Matter to be thus That he was inticed to one Mr. Giffords House in Stafford-shire where there were four Romish Priests who gave him Mony and many fair words promising him great matters if he would be conformable to their instructions In three days time they had taught him to practice his tricks so well that they ventured him home to his Fathers to exercise them publickly He came home in a very distracted manner to his Parents amazement and in a short time the thing was noised and a great deal of Company coming to see him his Parents got Money by it which was an incouragement to him to persist so that when the Priests came to disposes him he would not be disposest but went on and as they had instructed him accused a poor Old Woman of Witchcraft for which she was Tryed and Condemned and had been Executed had it not been for Bishop Morton detecting this imposture The whole story you may read at large in Wilson from f. 106. to 111. Wilsons Hist. f. 130. Henry Earl of Northumberland who was Sentenced in the Star-Chamber Thirty Thousand Pounds and Imprisoned in the Tower for harbouring in his House the aforenamed Thomas Piercy his Kinsman who was one of the Plotters of the Gunpowder-Treason was in the Seaventeenth Year of this Kings Reign set at liberty The
War. But admitting that His Majesty could by his great Strength and Conduct maintain himself in as good a Condition to Treat the next Year as he was then in which was as much as could then reasonably be hoped for he should have saved by this Proposal as much as all the Men he must needs lose and all the Charges he should be in a Year would be valued to amount to more than 300000 Pounds Sterling and so much more in Case his Condition should decay as it should be worse than it was when this was made And the Condition of his R. H. and of the Catholick Religion here which depends very much upon the success of his most Christian Majesty delivered from a great wany frights and real hazards Father Ferryer seemed to be very sensible of the benefit all Parties would gain by this Proposal But yet it was unfortunately delayed by an unhappy and tedious Fit of Sickness which kept him so long from the King in the France Comte and made him so unable to wait on His Majesty after he did return to Paris But so soon as he could compass it he was pleased to acquaint His Majesty with it and wrote to the Duke himself and did me the Honour to write unto me also the 15 th of Septemb. 1674. and sent his Letter by Sir William Throckmorton who came Express upon that Errand In these Letters he gave his R. H. fresh assurance of his most Christian Majesties Friendship and of his Zeal and readiness to comply with every thing his R. H. had or should think fit to propose in favour of Religion or the business of Money And that he commanded Monsieur Rouvigny as to the latter to Treat and deal with his R. H. and to receive and observe his Orders and Directions but desired that he might not at all be concerned as to the former but that his R. H. would cause what Proposition he should think fit to be made about Religion to be offered either to Father Ferryer or Monsieur Pompone These Letters came to us about the middle of September and his R. H. expected daily when Monsieur Rouvigny should speak to him about the Subject of that Letter But he took no notice at all of any thing till the 29 th of September the evening before the King and the Duke went to Newmarket for a Fortnight and then only said that he had Commands from his Master to give his R. H. the most firm assurance of his Friendship imaginable or something to that purpose making his R. H. a general Complement but made no mention of any particular Orders relating to Father Ferryer's Letter The Duke wondring at this Proceeding and being obliged to stay a good part of October at Newmarket and soon after his coming back hearing of the Death of Father Ferryer he gave over all other further prosecuting of the former Project But I believe I saw Monsieur Rouvigny's Policy all along who was willing to save his Masters Money upon assurance that we would do all we could to stave off the Parliament for our own sakes that we would struggle as hard without Money as with it And we having by that time upon our own Interest prevailed to get the Parliament Prorogued to the 13 th of April he thought that Prorogation being to a day so high in the Spring would put the Confederates so far beyond their measures as that it might procure a Peace and be as useful to France as a Dissolution Upon these Reasons I suppose he went. I had several Discourses with him and did so far open my self to him as to say I could wish his Master would give us leave to offer to our Master 300000 Pounds for the Dissolution of the Parliament And shewed him that a Peace would most certainly follow a Dissolution which he agreed with me in and that we desired not the Money from his Master to excite our Wills or to make us more industrious to use our utmost Powers to procure a Dissolution but to strengthen our Power and Credit with the King and to render us more capable to succeed with his Majesty as most certainly we should have done had we been fortified with such an Argument To this purpose I press'd Monsieur Pompone frequently by Sir William Throckmorton who returned hence again into France on the 10 th of November the Day our Parliament should have met but was Prorogued Monsieur Pompone as I was informed by Sir William did seem to approve the thing But yet had two Objections against it First that the Sum propos'd was great and could be very ill spar'd in the Circumstances his most Christian Majesty was in To which we answer'd That if by his Expending that Sum he could procure a Dissolution of our Parliament and thereby a Peace which every Body agreed would necessarily follow His most Christian Majesty would gain his Ends and save five or ten times a greater Sum and so be a good Husband by his Expence And if we did not procure a Dissolution he should not be at that Expence at all For that we desired him only to promise upon that Condition which we were content to be obliged to perform first The second Objection was the Duke did not move nor appear in it himself To that we answer'd That he did not indeed to Monsieur Pompone because he had found so ill an effect of the Negotiation with Father Ferryer when it came into Monsieur Rouvigny's hands But that he had concern'd himself in it to Father Ferryer Yet I continued to prosecute and press the Dissolution of the Parliament detesting all Prorogations as only so much loss of time and a means of strengthening all those who depend upon it in opposition to the Crown the interest of France and Catholick Religion in the Opinion they had taken that our King durst not part with his Parliament apprehending that another would be much worse Second that he could not live long without a Parliament therefore they must suddenly meet The longer he kept them off the greater his necessity would grow and consequently their Power to make him do what they listed would increase accordingly And therefore if they could but maintain themselves a while the Day would certainly come in a short time in which they should be able to work their Wills. Such Discourses as these kept the Confederates and our Male-contents in heart and made them weather on the War in spight of all our Prorogations Therefore I press'd as I have said a Dissolution until February last when our Circumstances were so totally Changed that we were forced to change our Councels too and be as much for the Parliaments sitting as we were before against it Our Change was thus before that time the Lord Arlington was the only Minister in Credit who thought himself out of all danger of the Parliament He having been accused before them and justified and therefore was Zealous for their Sitting And to increase his
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
ten days if he may by any means for sickness and every Ordinary shall have sufficient Commissaries or Commissary dwelling in every County in a place notable so that if any such person so indicted be taken that the said Commissaries or Commissary may be warned in the notable place where he dwelleth by the Sheriff or his Officers to come to the King's Iayl in the same County there to receive the same persons so indicted by Indentures as before And that in the inquest in this case to be taken the Sheriffs and other Officers to whom it belongeth shall do to be Impannel'd good and sufficient persons not suspected nor procured that is to say that every of them which shall be so Empanell'd in such Inquest have within the Realm of England an hundred Shillings of Lands Tenements or of Rent by the year upon pain to lose to the King's use 10 l. and they which shall be Impannell'd in such Inquests in Wales every of them shall have to the value of 40 s. by year and if any such person be arrested be it by the Ordinary or by the King's Officers or Ministers and escape or break the prison before that he be acquit before the Ordinary the Goods and Chattels which he had the day of such arrest shall be forfeit to the King and his Lands and Tenements which he had the same day seized also in the King's hands the King shall have the profits thereof from the same day until he be yeilden to the prison from which he escaped and that the aforesaid Iustices have full power to enquire of all such Escapes breaking of Prison and also of Lands and Tenements Goods and Chattels of such persons so indicted provided also that if any such person indicted do not return to the said prison and dieth not convict it shall be lawful to his Heirs to enter into the Lands and Tenements of their Ancestor without any other pursuit making to the King for this cause and that all they which have Liberties and Franchises Royal in England as in the County of Chester the County and Liberty of Durham and other like and also the Lords which have Iurisdiction and Franchises Royal in Wales where the King's Writs do not run have power to execute and put in due execution these Articles in all points by them or by their Officers in like manner as the Iustices and other the King's Officers before declared should do By which Act it plainly appears that the Professors of the true Religion were not only to suffer in their own persons by being most inhumanly burnt but their very Wives and Children must feel the effects of Popish Cruelty having nothing left by this Law whereby to support their Families CHAP. IV. Hen. VIII THE three Laws in the precedent Chapters mentioned were put in severe Execution during the Reigns of R. 2. H. 4. H. 5. H. 6. E. 4. R. 3. H. 7. and to the twenty fifth year of Henry the 8 th during which time the Whore of Babylon made her self drunk with the Blood of the Saints not only halling them to prison but burning their Persons and ruining their whole Families In which time divers were Martyred purely to please and gratifie the Popish Clergy for whatever they said was Heresie must be so upon which Account they run the Persecution so high that in 25 H. 8. about which time the Professors of the true Religion were first called Protestants the Parliament began to consider That Heresie was no where defined and made an Act of Parliament for the Punishment of Heresie but by it repealed the Statute of 2 H. 4. ca. 15. the preamble of which Act doth declare That the Clergy did upon their suggestions obtain the said Act 25 H. 8. ca. 14. Rast Stat. fo 537. By this Law Protestants were to abjere or be burnt but that the same did not in any part thereof declare what was Heresie and that the word Canonical Sanctions are so general that it was difficult to avoid the Penalties of the Act in case he should be examined upon captious interrogatories as the Ordinaries did then use to persons suspect of Heresies and that all such proceedings were against the antient Laws of the Kingdom and for those reasons did repeal the said Act of 2 H. 4. ca. 15. and for redress of Heresie did establish 5 R. 2.5 and 2 H. 5.7 and did enact that Sheriffs in their Turns and Stewards in their Leets Rapes and Wapentakes should have Authority to enquire of Hereticks and every such Presentment made in any Turn Leet Co. Inst 2.658 Bulst 3.51 c. concerning Hereticks should be certified to the Ordinary and every person presented or indicted of any Heresie or duly accused by two lawful Witnesses might be cited arrested or taken by an Ordinary or other of the King's Subjects and committed to the Ordinary to answer in open Court and being convict should abjure his Heresies and refusing so to do or falling into a relapse should be burnt in an open place for Example of others By this Act indeed some part of the Common Law as to the Tryal of the Parties guilty seems to be restored but they could not yet think of parting with the severity of the Penalties I mean burning their Persons and confiscating their Estates and that the World might at length know who were deemed Hereticks and who not for before it was no where defined what Heresie was in the 31 st of H. 8. ca. 14. 31 H. 8. ca. 14. Rast Stat. fol. 652. By this Law Protestants are made Traytors Felons and guilty of a premunire An Act of Parliament was made called an Act for abolishing of Opinions in certain Articles concerning Christian Religion six Articles were agreed on and consented to viz. 1. That in the most Blessed Sacrament of the Altar by the strength and efficacy of Christ's mighty word it being spoken by the Priest is present really under the form of Bread and Wine the natural Body and Blood of our Saviour Jesu Christ Conceived of the Virgin Mary and that after the Consecration there remaineth no substance of Bread or Wine nor any other substance but the substance of Christ God and Man. 2. That the Communion in both kinds is not necessary ad salutem by the Law of God to all persons and that it is to be believed and not doubted of but that in the Flesh under the form of Bread is the very Blood and with the Blood under the form of Wine is the very Flesh as well a part as though they were both together 3. That Priests after the Order of Priesthood received may not marry by the Law of God. 4. That Vows of Chastity Widdowhood by Man or Woman made to God advisedly ought to be deserved by the Law of God and that it exempts them from other Liberties of Christian People which without that they might enjoy 5. That it is meet and necessary that private Masses be continued and
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
Eliz. QUeen Mary dyed the 17 th of November Queen Elizabeth's Birth-Day Anno Domini 1558. Whose Death put an end to this severe Persecution The Parliament then assembled in the sixth and last year of her Reign Queen Elizabeth her Accession is the Crown and her râ—â—â—eâ—â—ete calling of a Parliament D'Ewes Journal of Q. Eliz. Reign f. 1. Cambd. Anceâ—s f. 12. Hist R. f. 2 pt f. 373. being by her demise Dissolved The thrice Excellent and Prudent Princess Queen Elizabeth according to her Right and Hereditary Title saith Sir Simon D'Ewes true and lawful Heir to the Crown according to the Act of Succession of 35 H. 8. saith Cambden the next and indisputed Heir to the Crown saith Doctor Burnet and Heath the then Lord Chancellour so called her without any opposition or difficulty King Philip being then very happily beyond the Seas succeeded to all the Realms and Dominions of Mary her Sister excepting Calais and those other inestimable places in France which had been most dishonourably and vainly lost in the time and towards the end of the Reign of the said Queen Mary and finding also the Innocent Blood of God's Saints Arch-Bishop Cranmer Bishop Ridley Bishop Hooper and the rest shed for the Witness of the Truth to have stained the former Government with the just brand and stygma of Persecuting and Tyrannical and that her Realms and Dominions were much impoverished and weakned as Doctor Burnet in his Letters hath made evident almost all places abroad are where Popery is the prevailing Religion Popery and Slavery being inseparable Companions she therefore in the very entrance of her Reign applyed her first are to the restoring of the Protestant Religion which she verily perswaded her self was most true Cambd. Hist f. 13. and consonant to the Sacred Scriptures and the sincerity of the Primitive Church and well considering and foreseeing that the surest and safest way to establish the Truth to abolish all Foreign and Usurpt Authority to repair the weaknesses and breaches of her said Realms and Dominions to strengthen her Kingdom with Shipping and Munition and to revive the decayed Trade thereof was by the common Advice and Counsel and with the publick Assent did summon her first Parliament to begin on Munday the 23 d day of January in the first year of her Reign But before I give any Account of what Laws were thereby made relating to the Papists I shall 1 st Shew how the Law stood at to the Papists when she came to the Crown 2 d. I shall show that the Protestant Religion was restored by much more lenil and mild Methods towards the Papists in Queen Elizabeth's time than the Popish Religion was introduced by in Queen Mary's 3 d. I shall make it fully appear that they gave just occasion for making the severe Laws against them that were made in Queen Elizabeth's time and when in time the occasion was given and the Laws made which last thing will run through the whole thread of the following account As to the first whoever will give himself the trouble to consult our Statute and Law-Books will find 1 How the Laws stood as to the Papists before any new ones were made 25 F. 3. ca. 2. that long before her Reign it was Treason to compass or imagine the death of the King the Queen or their Eldest Son and Heir or to levy War against the King or to adhere to the King's Enemies or to give to them Aid or Comfort 2 Rog. Hov. in Hen. 2. 13 R. 2. sta 2. ca. 2 Co. Inst 3.100 ca. 36. That it was Treason and afterwards Felony to bring or send into this Kingdom or the King's Power which is the same with Dominions any Summons Sentence or Excommunication against any person of what Condition soever he be 3 16 R. 2 ca. 5.3 Inst 120 121 126.12 Co. 37.40 Davis 84. that he incurr'd a Premunire that purchased Bulls from Rome and that the Crown of England even in the Popish times was subject to none 4 Co. Rep. 5. f. 12 15 17 21 22 23 27 28. and Co. Inst 3. Ca. 36. It was of old Treason by the Common Law of the Land to procure or bring in any Bull of Excommunication against any Subject much more certainly against the King or Queen because it gives way to Foreign Authority 5 Co. Inst 3. ca. 67. f. 144. And by the Laws of England all Subjects are prohibited to take any Pension c. of any Foreign King Prince or State without the King's License altho' in League with England Thus stood the Laws when that Glorious Queen of ever Blessed Memory ascended the Throne and one would have thought these would have guarded her against all attempts of the Papists and 't is not unreasonable to believe that she her self was of that mind if we consider 2 ly That the Methods taken by Queen Elizabeth for restoring the Protestant Religion were much milder than those taken by Queen Mary to introduce the Popish This will appear by the Laws themselves of which I come now to give an account and of the occasion of their making The first is That which restores to the Crown 1 Eliz. ca. 1. Rast Stat. 2. part f. 1. The Crown restored to its Antient Jurisdiction in causes Ecclesiastical a power given to delegate the exercise of it the Oath of Supremacy and what shall be taken for Heresie ascertained the Antient Iurisdiction over the Estate Ecclesiastical and Spiritual and abolisheth all Foreign Powers repugnant to the same Which it doth by reviving the Laws of Henry the 8th against the See of Rome and of Edward the 6th for the Protestants Which Laws were repealed by Queen Mary and Laws for Convicting and Burning Hereticks i. e. Protestants in an Arbitrary way revived which had been Repealed in Edward the 6th's time This Law therefore particularly repeals 5 R. 2.5 5 H. 4.15 2 H. 5.7 made against the Protestants then called Hereticks and Lollards and then doth abolish Foreign Iurisdiction wherein it is but declarative of the Antient Laws of the Kingdom and annereth Ecclesiastical Iurisdiction to the Crown and gives a power of delegating the Exercise of it establisheth the Oath of Supremary but in tenderness to the Papists leaves out Supream Head of the Church and provides that all Ecclesiastical Persons Temporal Iudges Iustices Mayors or other say or temporal Officers and every other person having her Highness Fee or Wages shall take the said Oath upon the penalty of forfeiting their places Ecclesiastical or Temporal upon an obstinate refusal and disability to hold the same for the future the penalty of maliciously maintaining a Foreign Iurisdiction is for the first offence the loss of Goods and Chattels only and if he be not worth 20 l. then over and above the forfeiture of his Goods and Chattels he shall suffer twelve Months Imprisonment without Bail or Mainprize the second offence is made a premunire the third offence high
Treason This Act declares what shall not and what shall be Heresie Hist Ref. pt 2. ib. 3. f. 386. that no matter of Religion or cause Ecclesiastical within this Act shall be Heresie Schism or Schismatical Opinion nor any thing but what is so adjudged by the Canonical Scriptures and the four first general Council or other Councils by the true and genuine sence of the Holy Scriptures or what should afterwards be declared Heresie by the Parliament with the consent of the Convocation From which Act. I observe that altho' it was a Premunire before this Law to own a Foreign Jurisdiction as bringing in Bulls doth yet the Queen was willing to inflict a less punishment for the first offence to see if she could gain upon the Papists by Clemency and made it not high Treason till a conviction of the third offence and that Conviction to be according to the Antient Laws of the Land and not in an Arbitrary way which is much more mild than any of the Popish Laws were neither was this Law put in Execution against them till they grew troublesome to the State as I shall plainly make appear hereafter The next Law was for the uniformity of Common Prayer and service in the Church and administration of the Sacraments Whereby 1 Mar. ca. 2. is repealed 1 Eâ—iz ca. 2 Rast Stat. p. 2 f 5. An Act of Vniformity Camd. Annal. fol. 27. and the last Book of Common-prayer c. made in Ed. 6 th time is established with the alteration of some few things By which Law it is provided that spiritual persons that shall use any other service or deprave or speak against the use of that for the first offence being legally Convicted shall lose the profits of his Benefice for a Year and shall suffer six months Imprisonment for the second Offence shall be deprived ipso facto for the third not only deprived but suffer Imprisonment during his Life a Lay person offending in the Premisses shall for the first Offence suffer Imprisonment for a Year without Bail or mainprize and for the second Offence shall suffer Imprisonment during Life Every one that by Enterludes Plays Songs Rhimes or other open words shall speak against any thing in derogation depraving or despising of the same Book or shall any ways maintain any person c. in using any other Service c. or shall hinder or interrupt the use of this Book For the first Offence shall forfeit 100 Marks for the second Offence 400 Marks and for the third Offence shall forfeit all his Goods and Chattels and suffer Imprisonment during Life and for non payment of the 100 Marks in 6 Weeks after his Conviction shall suffer six Months Imprisonment and for non payment of the 400 Marks shall suffer 12 Months Imprisonment without Bail or Mainprize All persons are by this Act required having no reasonable Excuse to resort to their Parish Church or upon reasonable Let to some other place where the service is used upon Sundays and Holy-days upon the Penalty of punishment by the Censures of the Church and 12 d. for every Default And for due Execution of this Act the Queen il â—ean trying the Bishops for being guilty of a Misdemeanor iâ— not complying with a Popish Prince against this Law be justified the Lords Temporal and all the Commons in that Parliament assembled did in God's Name earnestly require and charge the Arch-Bishops Bishops and other Ordinaries that they should endeavour themselves to the utmost of their knowledges that the due and true Execution thereof might he had throughout their Diocess and charges as they would answer before God for such Evils and Plagues wherewith Almighty God might Iustly punish his People for neglecting that good and wholsome Law. All Laws for other Service are hereby made void But may the Papists say Are not imprisonment Premunire and High Treason very great Penalties What Greater To this I answer That there is not any of them inflicted for the first Offence But punishment for the first offence is still but a pecuniary molct The Penalty annâ—â—ed to this Law justified and extends to neither Pillory Loss of Ears striking off hands or death much less death by Fire and Fagor The second Offence is restraint of Liberty and that but Temporary except in one single Case where it is for Life The punishment for the first Offence is no where made a Premunire nor Treason and 't is but in one case that the Party offending is made Guilty of High Treason and that is upon being Convicted of the third Offence too and for that very Offâ—nce the Party incurr'd a Premunire by the Law before And if it be granted me that it is necessary that some kind of Penalties be annexed to inforce obedience to Laws which certainly cannot be denyed these being such gradual Penalties the Papists themselves cannot but own that they are reasonable 5 Eliz. ca. 1 Rast Stat. pt 2. f. 39. An Act to exclude the Popes Pretences to any Authority here in England The reasonableness of it and the Penalties annexed to it The next Act of Parliament I shall take notice of is the Act for the assurance of the Queens Majesties Royal Power over all States and Subjects within her Dominions by which Act it is provided That if any person dwelling inhabiting or resiant within the Queens Dominions should after 1 Apr. 1563 by writing c. advisedly and wittingly hold c. maintain or defend the Authority Iurisdiction or Power of the Bishop of Rome or of his See heretofore usurped within this Realm being lawfully Convicted thereof within a Year should incur a Premunire for the first Offence and High Treason for the Second the like Penalties are annexed to the Refusal of the Oath of Supremacy The reason of the making which Law appears from the Preamble of the Act and the History of those times The Preamble takes notice that Hures Perils Dishonours Inconveniences had before time befallen the Queens Majesties Noble Progenitors Kings of this Realm and the whole estate thereof by means of the Jurisdiction of the See of Rome unjustly claimed and usurped within this Realm and the Dominions thereof and also takes notice of Dangers the Queen and state was then in by the Faâ—ters of the said usurped Power at that time grown to marvellous outrage and Licentious Boldness and therefore it was necessary to have more sharp restraint and correction of Laws then before in the time of the Queens Majesties most mild and merciful Reign had been establish'd Hence it plainly appears that the Parliament thought the Queens Person and the Kingdom in great Danger from the Papists who are all favourers of the Pope's Authority in England and if Cambden may be believed not without reason Cambd Annals fol. 58. for he tells us That Anno Domini 1562 in France the Professors of the Reformed Religion were most grievously afflicted And that thereupon the Papists in England muttered
reconciling Men at Confession to absolve every one particularly from all his Oaths of Allegiance and Obedience to the Queen just as the said Bull did absolve them all at once and in general And this seemed the easier to be effected because they promised withal absolution from all Mortal sins and the safer because it was pronounced more closely and under the Seal of Confession On the 16th day of January 1580. The Parliament Sir Simon D' Ewes his Journal of the House of Commons p. 266. being the time to which the same had been Prorogued and the 25th day of January Sr. Walter Mildmay made an excellent Speech a great part of which because it will give a confirmation to what hath been before said and evince the reasonableness of the Law that was made in that Session of Parliament against the Papists I have here inserted as it is in Sir Simon D. Ewes his Journal published by Paul Bowes Esquire The Principle Cause of our Assembly here Sir Walter Mildmay 's Speech Sir Simon D' Ewes f. 284. being to consult of Matters that do concern the Realm I have thought good with your Patience to remember you of such things as for the weight and necessity of them I take to be worthy of your consideration wherein I mean to note unto you what I have conceived first of the present state we be in next of the Dangers we may justly be in doubt of And lastly what provision ought to be made in time to prevent or resist them these shewed as briefly as the Matter will suffer I leave to your Judgment to proceed further as you shall find it Expedient That our most Gracious Queen did at her first Entry loosen us from the Yoke of Rome and did Restore unto this Realm the most pure and holy Religion of the Gospel which for a time was overshaddowed with Popery is known of all the World and felt of us to our singular Comfort But from hence as from the Root hath sprung that implacable Malice of the Pope and his Confederates against her whereby they have and do not seek only to trouble but if they could to bring the Realm again into a Thraldom the rather for that they hold this as a firm and setled opinion that England is the only setled Monarchy that most doth maintain and countenance Religion being the chief Sanctuary for the afflicted Members of the Church that fly thither from the Tyranny of Rome as Men being in danger of Shipwrack do from a raging and tempestuous Sea to a calm and quiet Haven This being so what hath not the Pope assayed to annoy the Queen and her State thereby as he thinketh to remove this great obstacle that standeth between him and the overflowing of the World again Popery for the proof whereof these may suffice The Northern Rebellion stir'd up by the Pope and the Quarrel for Popery Note These things were spoke soon after they happened whilst they were fresh in memory The Maintenance sithence of those Rebels and other Fugitives The Publishing of a most Impudent Blasphemous and Malicious Bull against our most rightful Queen The Invasion into Ireland by James Fitz Morris with the obstinacy of some English Rebels The raising of a dangerous Rebellion in Ireland by the Earl of Desmond and others intending thereby to make a general Revolt of all the whole Realm The late Invasion of Strangers into Ireland and their fortifying it The Pope turned thus the Venom of his Curses the Pens of his malitious Parasites into Men of War and Weapons to win that by force which otherwise he could not do And though all these are said to be done by the Pope and in his Name yet who seeth not that they be maintained under hand by some Princes his Confederates And if any Man be in doubt of that let him but note from whence the last Invasion into Ireland came of what Country the Ships and of what Nation the most part of the Souldiers were and by direction of whose Ministers they received their Victuals and Furniture For the Pope of himself at this present is far unable to make War upon any Prince of that Estate which Her Majesty is of having lost as you know many years by the Preaching of the Gospel those infinite Revenues which he was wont to have out of England Scotland Germany Switzerland Denmark and others and now out of France and the Low Countries so as we are to think that his Name only is used and all or the most part of the Charge born by others The Queen nevertheless by the Almighty Power of God standeth fast maugre the Pope and all his Friends having hitherto resisted all Attempts against her to her great Honour and their Shame as the Rebellion in the North suppressed without Effusion of Blood wherein her Majesty may say as Caesar did Veni Vidi Vici as expedite and as honourable was the Victory that God did give her by the Diligence and Valour of those Noble Men that had the conducting thereof The enterprize of James Fitz Morris defeated and himself slain The Italians pulled out by the Ears at Smirwick in Ireland and cut in pieces by the notable Service of a Noble Captain and valiant Souldiers Neither these nor any other Threatnings or Fears of Danger hath or doth make her to stagger or relent in the Cause of Religion but like a constant Christian Princess she still holdeth fast the Profession of the Gospel that hath so long upholden her and made us to live in Peace twenty two years and more under her most gracious Government free from those Troubles that our Neighbours have felt so as this now seemeth to be our present State a Blessed Peaceable and happy Time for the which we are most bound to God and to pray unto him for the continuance thereof But yet notwithstanding seeing our Enemies sleep not it behoveth us not to be careless as tho all were past but rather to think that there is but a piece of the Storm over and that the greater part of the Tempest remaineth behind and is like to fall upon us by the Malice of the Pope the most capital Enemy of the Queen and of this State the Determinations of the Councils of Trent and the Combinations of the Pope with other Monarchies and Princes devoted unto Rome assuring our selves That if their Powers be answerable to their Wills this Realm shall find at their Hands all the Miseries and Extremities that they can bring upon it And though by the late good Success which God hath given in Ireland these leud and malicious Enterprises seem for a time to be as it were at a stand yet let us be assured that neither their Attempts upon Ireland neither the Mischief intended against England will cease thus but if they find us negligent they will be ready with greater Forces then have been yet seen The certain Determination which the Pope and his combined Friends have to root
at home and their Ministers The Principal Root hereof The Councel of Trent which agreed to extirpate Christian Religion which they term Heresie whereunto divers Princes assented and bound themselves in solemn Manner Pope Pius Quintus sent his Excommunication against Her Majesty Dr. Mourton and Mendoza a Spanish Ambassador bestirred them a Northren Rebellion was bred the Pope and the rest Practiced for the Scottish Queen and she being acquainted proceeds by her means Pope Paulus the thirteenth proceeds and sends Jesuites and Seminaries to England and Ireland and they proceed to inveagle the the Subjects and disswade them from obedience Viska beginneth a Rebellion in Ireland James Fitz Morris furthereth the Execution thereof Doctor Saunders and Desmond stir new Rebellion there and wrote into England c. Parry was moved to kill Her Majesty and perswaded it was Meritorious Pope Sixtus the fifth imitateth the other Popes to execute their former Devices and writeth to the Cardinal of Lorain and Guise that he will overthrow the Gospel which Mr. Vice Chamberlain honourably termed the glorious Gospel and therefore moved them to joyn with the Princes of the League and to practice to win the King of Scots and to set up the Scottish Queen in England and make his reckoning of the Cantons that were Popish the Switzers the Duke of Savoy they Duke of Ferara King of Spain and King of France A chief Instrument to work this was one Carew called also Father Henry He was sent into Germany and over Italy and France wrote to the Scottish Queen that the Powers will joyn to overthrow England and make known the effect of his Labour to the Pope Invasion should have been made into England and Ireland the last year and not like to be unattempted this year The Pope Excommunicateth the King of Navar the Pope accounteth not of Popish Preaching and perswasions that way But nevertheless moveth all to use the Word and for maintenance thereof spareth his Treasure otherwise and withdraweth maintenance from Jesuites Seminaries and divers other Letters were found with the Scottish Queen which prove all these to be true If we serve Almighty God in sincerity of Heart we need not to fear It is to be remembred that the King of Spain sought to recover some part of his Fathers Credit by using our Treasure and Force to get St. Quintines but he soon made his advantage of it and regarded not our Territories in France But suffered the loss of Calice and all our Territories and after the Death of Queen Mary what he could Her Majesty sought for his Good-will sending the Lord Mountague the Lord Cobham Sr. Thomas Chamberlain Knight Mr. Maun and others and they were but hardly used some of them were offered great indignity and Mr. Mauns Son forced by strength to do a kind of Pennance He comforted the Queens Enemies he giveth Colour of Wars he Chargeth the Queen that her Subjects have aided his Rebels in the Low Countries with the countenancing Mounsieur with many at Cambray with sending her Nobility with him into the Low Countries with the Actions of Sr. Francis Drake with assistance of the Low Countries Of the purpose of the Combined Princes Their shew is to deal with the King of Navar to extirpate him but their drift is to ruinate Religion not only there but to set upon and to work the ruin of it here also Wherein the King of Spain and Guise are now very busie Their Malice is the more for the executing the Scottish Queenâ— But their hope is the less The King of Spain his Designments are to invade England and Ireland His Preparations Three hundred sixty Sail of Spain Eighty Gallies from Venice and Genoua one Galliass with six hundred armed Men from the Duke of Florence Twelve thousand Men maintained by Italy and the Pope Six thousand by the Spanish Clergy twelve thousand by his Nobility and Gentlemen of Spain It is reported that ten thousand of these be Horsemen I think it not all true but something there is We must look to the Papists at home and abroad It hath touched us in the Blood of the Nobility and the Blood of many Subjects They practice to frame Subjects against all Duty and bring in Doctrine of Lawfulness and Merit to kill the Queen and have sent their Instruments abroad to that purpose Notwithstanding things stood thus yet the Parliament having made so many Laws thought convenient to make but one Law this Session against the Papists which was not made Provisory of any new Remedy against them but to enforce the Execution only of a former Law. It is entitled An Act for the more speedy and due Execution of certain Branches of the Stat. 23. Eliz. intitled An Act to retain the Queens Majesties Subjects in their due obedience 29. Eliz. cap. 6 Rast Stat. 2. Part. f. 338. An Act to enforce the Execution of 23. Eliz. By which Act For the avoiding all Frauds and Delays in hinderance of the Execution of the said Act it is provided that certain assurances made by Papists shall be void against the Queen That the Conviction shall be at the Kings Bench or at the Assizes or general Goal Delivery and certified into the Exchequer The twenty pounds a month for not going to Church is to be paid into the Exchequer every Easter and Michaelmas Term In default of Payment the Queen may take all the Goods and two parts of the Lands and Leases of the Offenders The indictment sufficient tho it mentions not the Parties being within the Realm Vpon Proclamation made if the party renders not his Body he stands Convicted no forfeiture if the party submits or dies Assurances made bona fide not to be impeached nor Lands for Life or in the Wives right after the Offendors Death Thus did the Plots and Conspiracies of the Papists from time to time force the State to make either New Laws against them or else Laws for the more effectual executing the old for the truth of the Plots and Conspiracies before mentioned I shall here insert the very words of the Secular Priests in their important Considerations as hereunto followeth The Secular Priests Confession of the Plots before-mentioned Collect. f. 45. Babingtons Plot. We might add the notable Treasons of Mr. Anthony Babington and his Complices in the Year 1586. Which were so apparent as we were greatly abashed at the shameless Boldness of a young Jesuit who to excuse the said Traitors and qualifie their offences presumed in a kind of supplication to Her Majesty to ascribe the Plotting of all that mischief to Mr. Secretary Walfingham the Treachery also of Sr. William Stanley the year following 1587. in falsifying his Faith to Her Majesty and in betraying the trust Committed unto him by the Earl of Leicester who had given him the honourable Title of Knighthood as it was greatly prejudicial to us that were Catholicks at home Stanley's Treason so was the defence of that Disloyalty made by a
People had possest our Souls in meekness and humility honoured Her Majesty born with the infirmity of the State suffered all things and dealt as true Catholic Priests If all of us we say had thus done most assuredly the State would have loved us or at least born with us where there is one Catholic there would have been ten There had been no Speeches amongst us of Racks and Tortures nor any cause to have used them for none were ever vexed that way simply for that he was either Priest or Catholic but because they were suspected to have had their hands in some of the said most Traiterous designments None of Her Majesties Enemies durst so really have attempted her State and Kingdom we had been in better friendship with those that seek now most to oppose themselves against us and to all Men as we are persuaded Bonus odor Christi odor vitae ad vitam Whereas by following the said new violent Spirits quasi turbae impellentes parietem we are become odor Mortis ad mortem non solum iis qui pereunt sed etiam iis qui salvi fiunt And therefore let us all turn over the Leaf and take another course then hitherto we have done CHAP. VIII K. Ja. I. AND now a Man might reasonably suppose that after the first Plottings of the Papists with the Guises the French King and the Pope on behalf and by the instigation of the Queen of Scots after Harding Saunders and S. P. busily exercising their Episcopal Power in England in 1568 after Ridolph's exciting Queen Elizabeth's Subjects to Rebellion sent hither by Pope Pius Quintus for that purpose after the Rebellion in the North fomented by Morton sent hither by the same Pope to that end headed by the Earls of Northumberland and Westmorland who were incouraged thereto by a Letter from the same Pope After Dacres his Rebellion in Cumberland after the Earl of Ormonds Brethren the Boâ—telers Rebellion in Ireland after Pope Pius Quintus his Bull declaring the Queen Excommunicate and her Subjects absolved from their Allegiance after the Earl of Twomonds Rebellion in Ireland after Storys Treason â—ir Edward Coke Attorny General to King James â—e First in oâ—ening the fact â—f the Gun-Powder-Plot at â—he Tryal of â—arnet the Jeâ—ite mentions â—â—ese Treasons â—nd Conspiraâ—es The Relaâ—tion of the â—ryal was Prinâ—â—d Anno â—606 which â—eing taken neâ—ce of whilst â—hings were â—resh in memoâ—y gives the â—reatest confirâ—ation to the â—ruth of them after the Spaniards the Pope and the Guises contrivances to kill the Queen and set up Mary Queen of Scots and introduce Popery after I say these things had occasioned the making the 13 Eliz. cap. 12 And after Stukelys Plot to invade Ireland and England at once After Fitz Morris his Rebellion in Ireland carried on after his Death by Desmond after another conspiracy in Ireland for the destruction of the Protestant Relligion after the erecting Seminarys abroad for the educating and bringing up Priests to be sent hither to alienate the Hearts of the Subject from their Soveraign and the Actual sending of Campian Parsons and others into England for that purpose who were detected in their attempts to compass such their wicked designs and Executed for Treason after I say these things had raised a greater jealousy of the Papists in the State and caused them to make the 23 El. cap. 1. And after Somervills Conspiracy to kill the Queen after Francis Throgmortons Conspiracy to depose the Queen by Foreign Force after a further design of the Pope the Spaniard and the Guises for invading England in order to destroy the Protestant Religion after Parry's Treason all which Conspiracies and Treasons extorted from the State the 27 Eliz. cap. 1. and 2. after Gilford Savage Babington and others design to kill the Queen and set up Mary Queen of Scots who was at the Bottom of this design her self and promised to reward the Actors in it for which she was Tryed Condemned and Executed after Staffords Conspiracy and Yorks Plot which Treasons occasioned the making the 29 Eliz. cap. 6. and after the Pope and the Spaniards design in 1588. to invade England and thereby destroy the Protestant Religion with its defender by a Force by them called the Invincible Armada and this begun and carryed on by English Priests and Lay-Papists after Heskets Plot to depose the Queen and set up the Lord Strange After Cullens Conspiracy to murther the Queen after Lopez his Conspiracy to poison the Queen for which the Spaniard was to pay 50000 Crowns which Treasons did as it were compel the State to make the 35 Eliz. cap. 2. for confining Papists with in five Miles of their dwelling I say after all these Plots Conspiracies Treasons and open Rebellions invented begun and carryed on by the Papists and all with so little Success and after their own Confession of the whole to be true and their own advice to turn over a new Leaf a man might reasonably suppose that they should have ceased any further Attempts by Treason Rebellion Plot or Conspiracy to introduce the Popish Religion into England But such is the inveterate Malice and implacable Hatred of the Pope and all that are of the Communion of the Church of Rome if I may call it a Church that even before the peaceable James the First of England and the Sixth of Scotland was placed upon the Throne by the unanimous consent of all the Protestant Subjects of England as appears by the Act of Recognition made in the first year of his Reign there were several Plots for the taking away his Life and in one Plot even Watson and Clark two secular Priests of the Romish Church the former whereof joyned with Bluet the Secular Priest in writing the Impotâ—nt considerations before mentioned wherein they acknowledge all the Plots Conspiracies Treasons and Rebellions before mentioned to have been committed by Papists but insinuate it to be done by the instigation of the Jesuits are found in a Plot against the said King James and Executed for it but before I mention any thing of that Plot I shall give a short Account of what designs were on foot against the said King James his Life before his accession to the Crown Queen Elizabeth being old and weak and as they thought The Papists plot against James the First before his coming to the Crown could not live long the Papists thought it needless to make any more attempts against her person least her death should anticipate their quickest Designs But she and the Kingdom having their Eye upon the said King James being a Protestant to succeed her their main drift was to prevent him if possible from succeeding Queen Elizabeth In order to this in the Year 1601. there was one Francis Mowbray Mowbray's Plot against King James the First Fowlis Hist. li. 10. cap. 1. f. 498. Son to the Laird Barnbowegal who had lived some while in the Infanta's Court at Brussels he they say
then called a Puritan and Sir Walter Raleigh a States-man and Souldier and Fowlis saith troubled with no more Religion than would serve his interest and turâ— The design it self Fowlis Hist. li. 10. ca. 1. f. 499 500. Bakers Chron. f. 405. VVilsons Hist f. 4. The design was to set the Crown on the Head of the Lady Arabella or to seize on the King and make him grant their desires and a Pardon to raise a Rebellion and alter Religion and Government and in order thereunto to procure aid and assistance from Foreign Princes to turn out of the Court such as they disliked and to place themselves in Offices Watson was to have been Lord Chancellor George Brook Lord Treasurer Sir Griffith Markham Secretary of State Lord Grey Master of the Horse and Earl Marshal of England for the more secure carrying on these designs Watson drew up an Oath of Secrecy which they all took But all is discovered they are Apprehended Examined and Tryed in November 1604 at their Tryal they insisted that this could not be Treason because the King was not then Crowned but this Plea was soon over-ruled and they legally Convicted of the Treason and Watson Clark and George Brook were Executed the rest finding Mercy the King being loath to soil his Throne with Blood and therefore spilt no more then was absolutely necessary The Lord Grey dyed in the Tower the last of that Line (a) Said to lose his Life to gratify Gondamor Bakers Chron. f. 516. Wilson f. 115 116 117. Raleigh was beheaded in 1618. The rest were discharged of Imprisonment but dyed miserably poor Markham and some others abroad but Cobham as we * Osborns Traditional Memoires of King James p. 12. are told in a Room ascended by a Ladder at a Poor Womans house in the Minories formerly his Landress dyed rather of Hunger than a Natural disease This Conspiracy gave occasion for the Kings looking about him and taking such measures as might secure his Person and Government against such attemps for the future and perceiving that swarms of Priests came every day over from the Foreign Seminarys he suspected some mischief was a hatching and therefore issued out his Royal Proclamation against Jesuits which I find related by Wilson in these Words Having after some time spent in setling the politick Affairs of this Realm of late bestowed no small Labour in Composing certain Differences we found among our Clergy about Rites and Ceremonies heretofore established in this Church of England King James 1st his Proclamation against Jesuits Wilsons Hist. f. 9. and reduced the same to such an Order or Form as we doubt not but every Spirit that is led only with Piety and not with Humour should be therein satisfied it appears unto us in debating these Matters that a greater Contagion to our Religion then could proceed from these light Differences was imminent by Persons common Enemies to them both Namely the great numbers of Priests both Seminaries and Jesuits abounding in this Realm as well of such as were here before our coming to the Crown as of such as have resorted hither since using their Functions and Professions with greater Liberty then heretofore they durst have done Partly upon a vain Confidence of some Innovation in Matters of Religion to be done by us which we never intended nor gave any Man cause to suspect and Partly from the assurance of our general Pardon granted according to the Custom of our Progenitors at our Coronation for Offences past in the Days of the late Queen which Pardon 's many of the said Priests have procured under our Great Seal and holding themselves thereby free from Danger of the Laws do with great Audacity Exercise all Offices of their Profession both saying Masses and perswading our Subjects from the Religion established reconciling them to the Church of Rome and by Consequence seducing them from their Duty and Obedience to us wherefore we hold our selves obliged both in Conscience and Wisdom to use all good means to keep our Subjects from being affected with superstitious Opinions which are not only pernicious to their own Souls but the ready way to corrupt their Duty and Allegiance which cannot be any way so safely performed as by keeping from them the Instruments of that infection which are Priests of all sorts ordained in Foreign parts by Authority prohibited by the Laws of the Land concerning whom we have thought fit to publish unto all our Subjects this open Declaration of our Pleasure c. Willing and Commanding all manner of Jesuits Seminaries and other publick Priests having Ordination from any Authority by the Laws of this Realm prohibited to take notice that Our Pleasure is that they do before the nineteenth of March next depart forth of Our Realm and Dominions And to that purpose it shall be Lawful for all Officers of our Ports to suffer the said Priests to depart into foreign parts between this and the said nineteenth Day of March admonishing and assuring all such Jusuits Seminaries and Priests of what sort soever that if any of them after the said time be taken within this or any of our Dominions or departing now upon this our Pleasure signified shall hereafter return into this our Realm or any of our Dominions again they shall be left to the Penalty of the Laws here being in force concerning them without hope of any Favour or Remission from us c. Which tho' perhaps it may appear to some a great Severity towards that sort of Our Subjects Yet doubt we not when it shall be be considered with indifferent Judgment what Cause hath moved us to this Providence all Men will justifie us therein for to whom is it unknown into what peril our Person was like to be drawn and our Realm into Confusion not many Months since by Conspiracy First conceived by Persons of that sort Which when other Princes shall duly observe we assure our selves they will no way conceive that this Alteration proceedeth from any Change of Disposition but out of Providence to prevent the Perils otherwise inevitable considering their absolute Submission to foreign Jurisdiction at their first taking Orders doth leave so conditional an Authority to Kings over their Subjects as the same Power by which they were made may dispense at Pleasure with the strictest bond of Loyalty and Love between a King and his People Among which foreign Powers though we acknowledge our self personally so much beholden to the now Bishop of Rome for his kind Offices and private temporal Carriages towards us in many things as we shall be ever ready to requite the same towards him as Bishop of Rome in state and condition of a Secular Prince yet when we consider and observe the Course and Claim of that See We have no reason to imagine that Princes of our Religion and Profession can expect any assurance long to continue unless it might be asserted by Mediation of other Christian Princes that some good Course might be
taken by a general Councel free and Lawfully called to pluck up those Roots of Dangers and Jealousies which arise about Religion as well between Prince and Prince as between them and their Subjects and to make it manifest that no States or Potentates either hath or can Challenge power to dispose of Earthly Kingdoms or Monarchies or to dispense with Subjects obedience to their natural Soveraign In which charitable Account there will be no Prince living that will be readier then we shall be to concur even to the utmost of our Power not only out of particular Disposition to live peaceably with all States and Princes of Christendom but because such a settled Amity might by an union in Religion be established amongst Christian Princes as might enable us all to resist the common Enemy Given at our Pallace at Westminster the 22 d. Day of February in the first Year of our Reign c. This Proclamation I thought fit to insert because by it it appears that King James himself was of opinion that the before mentioned Conspiracy was conceived by the Popish Priests however they prevailed upon some of the Protestant Profession to joyn with them in Midwiving it into the World and therefore may truly be called Popish By the Kings issuing out this Proclamation the heat and hopes of the Jesuits and their Correspondents were somewhat allayed but it made way for more dark and secret Contrivances which they afterwards put into Practice and I shall give a full Account of But before I do that I shall give you King James the First his Opinion of the Papists both Laicks and Clericks as he himself delivered it in his first Speech to his first Parliament in 1603. Take it in his own Words as related by Wilson King James his Speech against Papists Wilson f. 19. For the Papists I must put a difference betwixt my own private Profession of my Salvation and my politick Government of the Realm for the weal and quietness thereof As for my own Profession you have me your Head now among You of the same Religion that the Body is of as I am no stranger to you in Blood no more am I a stranger to you in Faith or in Matters concerning the House of God. And altho' this my Profession be according to my Education wherein I thank God I suckt the Milk of Gods truth with the Milk of my Nurse yet I do here protest unto you that I would never for such a Conceit of Constancy or other prejudicate Opinion have so firmly kept my first Profession if I had not found it agreeable to all Reason and to the Rule of my Conscience But I was never violent nor unreasonable in my Profession I acknowledge the Roman Church to be our Mother Church altho defiled with some Infirmities and Corruptions as the Jews were before they Crucified Christ And as I am no Enemy to the Life of a sick Man because I would have his Body purged of ill Humours no more am I an Enemy to their Church because I would have them reform their Errors not wishing the down-throwing of the Temple but that it might be purged and cleaned from Corruption Otherwise how can they wish us to enter if their House be not first made clean But as I would be lother to dispense in the least point of mine own Conscience for any Worldly respect then the foolishest Precisian of them all So would I be as sorry to streighten the politick Government of the Bodies and Minds of all my Subjects to my private Opinions Nay my Mind was ever so free from Persecution or inthralling of my Subjects in Matters of Conscience King James his Mildness to Papists as I hope those of that Profession within this Kingdom have a proof since my Coming that I was so far from increasing their Burthens with Rhehoboam as I have so much as either time occasion or Law could permit lightned them And even now at this time have I been careful to revise and consider deeply upon the Laws made against them that some Overture might be made to the present Parliament for clearing these Laws by reason which is the Soul of the Law in Case they have been in times past further or more rigorously extended by Judges then the meaning of the Law was or might tend to the hurt as well of the innocent as of the guilty Persons And as to the Persons of my Subjects which are of that Profession I must divide them into two ranks Clericks and Laicks for the Laicks I ever thought them far more excuseable then the other sort because their Religion containeth such an ignorant doubtful and implicite kind of Faith grounded upon their Church that except they do generally believe whatsoever their Teachers please to affirm they cannot be thought guilty of these particular points of Heresies and Corruptions which their Teachers so wilfully profess And again I must subdivide the Laick into two Ranks which are either quiet and well minded Men peaceable Subjects who either being old retain their first Drunk in Liquor upon a certain Shamefacedness to be thought Curious or Changeable Or being young Men through evil Education have been Nursed and brought up upon such Venome instead of wholsome Nutriment and this sort of People I would be sorry to punish their Bodies for the Error of their Minds the Reformation whereof must only come of God and the true Spirit But the other Rank of Laicks who either through Curiosity Affectation of Novelty or Discontentment have changed their Coats only to be Factious stirers of Sedition and perturbers of the Common-wealth this giveth a ground to me the Magistrate to take better heed to their Proceedings and to correct their Obstinacy But for the Clericks I must directly say and affirm that as long as they maintain one special point of their Doctrine and another of their Practise they are no way sufferable to remain in this Kingdom the point of Doctrine is that Arrogant and Ambitious Supremacy of their Head the Pope whereby he not only Claims to be spiritual Head of all Christians but also to have an Emperial Civil power over all Kings and Emperors Dethroning and Crowning Princes with his Foot as pleaseth him and dispensing and disposing of all Kingdoms and Empires at his Appetite The other point which they observe in continual Practise is the Assassinates and Murthers of Kings Thinking it no sin but rather a Matter of Salvation to do all Acts of Rebellion and Hostility against their natural Sovereign Lord if he be once Cursed his Subjects discharged of their Fidelity and his Kingdom given a prey by that three Crowned Monarch or rather Monster their Head. And in this point I have no occasion to speak further here saving that I could wish from my Heart It would please God to make me one of the Members of such a general Christian Union in Religion as laying Wilfulness aside on both hands we might meet in the midst which
after fear to enter into any cogitation to attempt the like Barbarous and detestable Treasons that the Convictions and Attainder of the said Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes Thomas Bates and Sir Everard Digby might be confirmed which was confirmed by Authority of Parliament accordingly and then it was Enacted that as well the said Robert Winter Thomas Winter Guy Fauks Ambrose Rookwood John Graunt Robert Keyes Thomas Bates and Sir Everard Digby as also the said Robert Catesby Thomas Piercy John Wright Hugh Owen and Francis Tresham should be attainted of High Treason and forfeit as in Cases of High Treason according to their several and respective Convictions and Attainders When the Parliament had thus first acknowledged Gods goodness in this deliverance and made the said Act of Attainder The consideration of the Treachery and Villany of this Gun-Powder-Plot undertaken under the pretence of maintaining and restoreing Popery engaged the State to consult the preservation of the Government and the Protestant Religion and considering the furious Zeal and wicked Principles of the Papists in affirming the lawfulness of deposing and killing all Heretical Kings and such they esteem all Protestant Kings to be that the Pope had Power to deprive Temporal Princes absolve Subjects from their Obedience and such-like Villanous Positions with the many wicked Practices against the Crown and Life of Queen Elizabeth and King James Upon these and such like considerations after several serious deliberations and consultations in Parliament to prevent the like mischiefs they thought fit to draw up a solemn Oath whereby every one should Abjure such Treasonable Doctrines and Swear for the future to behave themselves as became good Subjects which Oath was this The Oath of Allegiance Anno Tertio Jacobi primi Foulis Hist. l. 10. c. 2. f. 522. I A. B. Do truly and sincerely acknowledge profess Testifie and Declare in my Conscience before God and the World that our Soveraign Lord King is Lawful and is Rightful King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King. Or to dispose any of his Majesties Kingdoms or Dominions Or to Authorize any Forreign Prince to Invade or annoy him or his Countries Or to discharge any of his Subjects of their Allegiance and Obedience to His Majesty Or to give License or leave to any of them to bear Arms raise troubles c. Or to offer any Violence or Hurt to his Majesties Royal Person or Government or to any of his Majesties Subjects within his Majesties Dominions As also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bare Faith and true Allegiance unto his Majesty his Heirs and Successors And him and them will defend to the utmost of my Power against all Conspiracies and attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by Reason or Colour of any such Sentence or Declaration or otherwise And will do my best endeavour to disclose and make known unto His Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further Swear that I do from my Heart Abhor Detest and Abjure as Impious and Heretical this damnable Doctrine and Position that Princes which be Excommunicated or deprived by the Pope may be Deposed or Murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved that neither the Pope or any Person whatsoever hath Power to Absolve me of this Oath or any part thereof Which I acknowledge by good and full Authority to be Lawfully Ministred unto me And do Renounce all Pardons and Dispensations to the Contrary And all these things I do plainly and sincerely acknowledge and Swear according to the express Words by me spoken according to the plain and common sence and understanding of the same words without any Equivocation or Mental Evasion or Secret Reservation whatsoever And I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God. A. B. Unto which Oath so taken the said Person shall subscribe His or Her Name or Mark. The Papists lookt upon the (a) Cecil Earl of Salisbury principal Secretary of State to be the chief promoter of the Oath of Allegiance and therefore used all their endeavours to deter him from Prosecuting it thinking that if they could take him off these Parliamentary transactions would fall to the ground they therefore sent the following Letter to him viz. My Lord VVHereas the late unapproveable and must wicked design The Papists threatning Letter to the Earl of Salibury Foulis Hist l. 10. c. 3. f. 521. for destroying of his Majesty the Prince and Nobility with many other of worth and quality attempted through the undertaking Spirits of some more fiery and turbulent then Zealous and dispassionate Catholics hath made the general State of our Catholic Cause so scandalous in the Eye of such whose corrupted Judgments are not able to fan away and sever the fault of the Professor from the profession its self as that who now is found to be of that Religion is persuaded at least in mind to allow tho God knoweth as much abhoring as any Puritan whatsoever the said former most inhumane and Barbarous project And whereas some of His Majesties Councel but especially your Lordship as being known to be as the Philosopher termeth it a Primus Motor in such uncharitable proceedings are determined as it is feared by taking advantage of so foul a scandal to root out all the Memory of Catholic Religion either by suddain Banishment Massacre Imprisonment or some such unsupportable vexations and pressures and perhaps by decreeing in this next Parliament some more cruel and horrible Laws against Catholics then already are made In regard of the premises there are some good Men Good men and Roman Catholics who through their earnest desire for the continuing the Catholic Religion and for saving many Souls both of this present and of all future posterity are resolved to prevent so great a mischief tho with a full assurance aforehand of the loss of their dearest Lives You are therefore hereby to be admonished May Murther Privy Councillors that at this present there are Five who have severally undertaken your Death and have vowed the performance thereof by taking already the Blessed Sacrament if you
Spaniards gives the overture of the Match Rushw Col. part 1. f. 4. The King having had thoughts of a Match for Prince Charles with France and the Duke of Savoy having been before him and prevailed for his Son the Prince of Piedmount The Spaniard giving the overture of a Match King James embraceth it and Articles of Religion between the King of England and Spain were agreed on which were these c. Articles of Religion agreed upon between the Kings of England and Spain That the Popes Dispensation be first obtained by meer Act of the King of Spain That the Children of this Marriage be not constrained in Matters of Religion nor their Title prejudiced in case they prove Catholics That the Infanta's Family being Strangers may be Catholics and shall have a decent place appointed for all Divine Service according to the use of the Church of Rome and the Ecclesiasticks and Religious Persons may wear their own proper Habits That the Marriage shall be Celebrated in Spain by a Procurator according to the instructions of the Councel of Trent and after the Infanta's Arival in England such a Solemnation shall be used as may make the Marriage valid according to the Laws of this Kingdom That she shall have a competent number of Chaplains and a Confesser being Strangers one whereof shall have Power to Govern the Family in Religious Matters But none of the People of England but were averse to this Match except the Papists whose interest indeed it was to carry it on After the Bohemians had chosen the Count Palatine King of Bohemia he craved advice of his Father in Law King James touching the acceptation of that Royal dignity But before he could receive his advice he was prevailed upon to accept it Count Palatine chose King of Bohemia Wilsons Hist f. 132. Rushw Col. 1. part f. 12. because the emergency of the Cause would admit of no delay and afterwards sent to King James to excuse it When this important business of the Count Palatines accepting the Crown of Bohemia was related in the Kings Councel to evince of what advantage it was to the Protestant Cause I shall here insert Arch-Bishop Abbots Letter to Sir Robert Nauton the Kings Secretary the Arch-Bishops infirmities not permitting him at that time to attend the Councel That God hath set up this Prince his Majesties Son in Law Arch-Bishop Abbot's Letter touching the Count Palatines accepting the Crown of Bohemia as a mark of Honour throughout all Christendom to propagate the Gospel to help the oppressed that for his own part he dares not but to give advice to follow where God Leads apprehending the Work of God in this and that of Hungary that by Peece and Peece the Kings of the Earth that gave their Power to the Beasts shall leave the Whore and make her desolate that he was satisfied in Conscience the Bohemians had just cause to reject that Bloody Man who had taken a course to make that Kingdom not Elective in taking it by the donation of another the slighting of the Viscount Doncaster in his embassage gave cause of just displeasure and indignation therefore let not a Noble Son be forsaken for their sakes who regard nothing but their own ends our striking in will comfort the Bohemians Honour the Palsgrave strengthen the Princes of the Vnion draw on the United Provinces stir up the King of Denmark and the Palatines two Vncles the Prince of Orange and the Duke of Bovillon together with Termoville a rich Prince in France to cast in their shares The Parliament is the Old and honourable way for raising of Money and all that may be spared is to be returned this way and perhaps God provided the Jewels that were laid up in the Tower by the Mother for the preservation of the Daughter who like a Noble Princess hath professed that she will not leave her self one Jewel rather then not maintain so Religious and Righteous a Cause certainly if countenance be given to this Action many brave Spirits will offer themselves therefore let all our Spirits be gathered up to animate this business that the World may take notice that we are awake when God calls By this Letter it plainly appears that it was the Arch-Bishops Opinion that it tended much to the promoting the Reformation that the Count Palatine should accept the Crown of Bohemia and the Crown of England should stand by him in it and whoever reads the most impartial writers of those times will find that the Spanish Match which was then a foot and Popish Councels at home was the true Cause of the loss of the Palatinate and the ruine of that Protestant Prince and how could things be expected otherwise so long as Gondamor had so far the ascendant of the King that when the Earl of Essex solicited the King after the War was begun to send more Forces Gondamor obstructed it whatever he desired was done and few or none were well respected at Court but Spanish * Wilsons 144. Rushw 1. part f. 18. vide the private instructions to the Spanish Ambassador sent into England Pentioners under whom the Papists flourished After the Palatinate was lost the King outwardly seemed willing to assist towards the Recovery of it and therefore proposes it first to the Privy Councel and afterwards called a Parliament which was to meet the thirteenth of January in the 18 th Year of his Reign proposing to himself that the People for regaining the Palatinate would open their Purses which he might make use of and that a good agreement Between him and his People would induce his Brother of Spain to be more Active and so he should have supply from the one and dispatch from the other i. e. Mony and the Spanish Match were the ends he aimed at let the Palatinate Sink or Swim 't was no matter This the Jesuits and Seminary Priests knew well enough and therefore they Wilsons Hist. f. 151. rangeing up and down like Spirits let loose did not now as formerly creep into Corners using close and cunning Artifices but practised them openly having admission to our Councellors of State. And when Secretaries and such as manage the intimate Councels of Kings are Jesuits and Clients to the Pope there can be no tendency of affection to a contrary Religion or Policy Yet these were the Men that carried all before them at Court And the Protestant interest must needs flourish under such Ministers of State especially if it be considered that England was not only Man'd with Jesuits all Power now failing to oppose them but the Women also began to practice the Trade Women Jesuitrices calling themselves Jesuitrices This Order was first set on foot in Flanders by Mrs. Ward and Mrs. Twitty two English Gentlewomen who Cloathed themselves in Ignatian Habit and were Countenanced and Supported by Father Gerrard Rector of the English Colledge at Leige with Father Flack and Father More Their design was to Preach the Popish
See of Rome confer any Ecclesiastical function whatsoever toward or upon your Majesties natural Subjects within your Dominions Answ This is fit to be ordered according as is provided and it shall be so published by Proclamation 8. That your Majesties learned Councel may receive Order and Commandment to consider of all former Grants of Recusants Lands that such of them may be avoided as are made to the Recusants use or interest out of which the Recusant receiveth any benefit which are either void or voidable by the Law. Answ The King will give Order to his learned Councel to consider of the Grants and will do according as is desired 9. That your Majesty will be likewise pleased strictly to command all your Judges and Ministers of Justice Ecclesiastical and Temporal to see the Laws of this Realm against Popish Recusants to be duly executed and namely that the censure of Excommunication be declared and certified against them and that they be not absolved upon publick satisfaction by yielding to Conformity Answ His Majestys leaves the Laws to their course and will order in the point of Excommunication as is desired 10. That your Majesty will be pleased to remove from Places of Authority and Government all such Persons as are either Popish Recusants or according to direction of former Acts of State to be justly suspected Answ ' This his Majesty thinks fit and will give order for it 11. That present order be taken for disarming all Popish Recusants legally convicted or justly suspected according to the Laws in that behalf and the Orders taken by his late Majesty's Privy Councel upon reason of State. Answ The Laws and Acts in this Case shall be followed and put in due Execution 12. That your Majesty be also pleased in respect of the great resort of Recusants to and about London to command forthwith upon pain of your indignation and severe Execution of the Laws that they retire themselves to their several Countrys there to remain confined within five Miles of their Places Answ ' For this the Laws in Force shall be forthwith Executed 13. And whereas your Majesty hath strictly commanded and taken Order that none of the natural born Subjects repair to the hearing of Masses or other Supersttious Services at the Chappels or Houses of foreign Ambassadors or in any other places whatsoever we give your Majesty most humble thanks and desire that your Order and Commandment therein may be continued and observed and that the offenders herein may be punished according to the Laws Answ The King gives consent thereto and will see that observed which herein hath been commanded by him 14. That all such insolencies as any that are Popishly affected have lately Committed or shall hereafter commit to the dishonour of our Religion or to the wrong of the true Professors thereof be exemplarily Punished Answ ' This shall be done as is desired 15. That the Statute of 1 Eliz. for the payment of twelve pence every Sunday by such as shall be absent from Divine Service in the Church without a lawful excuse may be put in due Execution the rather for that the penalty by Law is given to the Poor and therefore not to be dispensed withal Answ It is fit that this Statute be Executed and the Penalties shall not be dispensed withal 16. Lastly that your Majesty would be pleased to extend your princely care also over the Kingdom of Ireland that the like courses may be there taken for the restoring and establishing of true Religion there Answ His Majesties Cares are and shall be extended over the Kingdom of Ireland and he will do all that a Religious King should do for the restoring and establishing of true Religion there And thus Most Gracious Soveraign according to our duty and zeal to God and Religion to your Majesty and your safety to the Church and Common-wealth and their Peace and Prosperity we have made a Faithful Declaration of the present Estate the Causes and Remedies of this encreasing disease of Popery Humbly offering the same to your Princely care and wisdom The Answer of your Majesties Father our Late Soveraign of Famous Memory upon the like Petition did give us great comfort of Reformation but your Majesties most Gracious Promises made in that kind do give us confidence and assurance of the continual performance thereof in which comfort and confidence reposing our selves we most Humbly pray for your Majesties long continuance in all Princely felicity Rushw Coll. 1 pt 191. The 10 th of August the King sends to the Commons to have a present supply and promises to let them meet again in Winter and redress their greivances then they insist to have both go on together The Parliament dissolved but withal make a most submisive Declaration of their affection and duty to him Which notwithstanding he by Commission 12 August 1625. dissolved them Rushw Coll. 1. pt f. 191.192 The King soon after issued out a Proclamation to call home Papists Children and soon after Disarmed the Papists but as this was pleasing so his Letter soon after sent to the Leivetenants for the loan of Money upon Privy Seals and other things of the like kind were as distastful to the People A Parliament called Papists proceeded against But these Courses not having the wisht for success and the King being pressed with his own necessities summoned a Parliament to meet in February and enjoyned the Arch-Bishops and Bishops in both Provinces to proceed by Examination and other Church censures with the utmost severity against the Papists and those more especially who were Popishly affected and did encourage and advance the growth of Popery and issued out a Proclamation to confine Convicted Papists to their dwelling Houses or within five Miles thereof On Candlemas Day he was Crowned and at the time of his Coronation took the Coronation Oath in manner following Sir says the Arch-Bishop will you grant and keep K. Charles 1. Crowned The Coronation Oath Rushw Coll. 1. part f. 200. Arch-Bishop and by your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the Glorious King St. Edward your Predecessor according to the Laws of God the true Profession of the Gospel established in this Kingdom agreeable to the Prerogative of the Kings thereof and the ancient Customs of the Realm I Grant and Promise to keep them Sir Will you keep Peace and Godly Agreement according to your Power both to God The Kings Answer the Holy Church the Clergy and the People I Will keep it Sir Will you to your Power cause Law Justice and Discretion to Mercy and Truth to be executed to your Judgment I Will. Sir Will you grant to hold and keep the Laws and Rightful Customs which the Commonalty of this your Kingdom have and will you defend and uphold them to
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
Reputation with them and to become a perfect Favourite he sets himself all he could to Persecute the Catholick Religion and to oppose the French. To shew his Zeal against the first he revived some old dormant Orders for prohibiting Roman Catholicks to appear before the King and put them in Execution at his first coming into his Office of Lord Chamberlain And to make sure work with the Second as he thought prevailed with the King to give him and the Earl of Ossery who married two Sisters of Myne Heere Odyke's leave to go over into Holland with the said Heere to make a Visit as they pretended to their Relations But indeed and in truth to propose the Lady Mary eldest Daughter of his Royal H. as a Match for the Prince of Orange not only without the Consent but against the good liking of his R. H. Insomuch that the Lord Arlington's Creatures were forced to excuse him with a Distinction that the said Lady was not to be looked upon as the Dukes Daughter but as the Kings and a Child of the State was and so the Dukes Consent not much to be considered in the disposal of her but only the interest of State. By this he intended to render himself the Darling of Parliament and Protestants who look'd upon themselves as secured in their Religion by such an Alliance and design'd further to draw us into a close Conjunction with Holland and the Enemies of France The Lord Arlington set forth upon this Errand the 10 th of November 1674 and returned not till the 6 th of January following During his absence the Lord Treasurer Lord Keeper and the Duke of Lauderdale who were the only Ministers of any considerable Credit with the King and who all pretended to be entirely united to the Duke declaimed loudly and with great violence against the said Lord and his Actions in Holland And did hope in his absence to have totally supplanted him and to have routed him out of the Kings favour And after that thought they might easily enough have dealt with the Parliament But none of them had Courage enough to speak against the Parliament till they could get rid of him For fear they should not succeed and that the Parliament would Sit in spight of them and come to hear that they had used their endeavours against it Which would have been so unpardonable a Crime with our Omnipotent Parliament that no Power could have been able to have saved them from Punishment But they finding at his Return that they could not prevail against him by such Means and Arts as they had then tryed resolved upon new Councels Which were to out-run him in his own Course Which accordingly they undertook and became as fierce Apostles and as Zealous for Protestant Religion and against Popery as ever my Lord Arlington had been before them and in pursuance thereof persuaded the King to issue out those severe Orders and Proclamations against Catholicks which came out in February last By which they did as much as in them lay to extirpate all Catholicks and Catholick Religion out of the Kingdom Which Councels were in my poor Opinion so detestable being levelled as they must needs be so directly against the Duke by People which he had advanced and who had professed so much Duty and Service to him that we were put upon new thoughts how to save his R. H. now from the deceits and snares of those Men upon whom we formerly depended We saw well enough that their Design was to make themselves as grateful as they could to the Parliament if it must Sit they thinking nothing so acceptable to them as the Persecution of Popery And yet they were so obnoxious to the Parliaments displeasure in General that they would have been glad of any Expedient to have kept it off Though they durst not engage against it openly themselves but thought this Device of theirs might serve for their purposes hoping the Duke would be so alarm'd at their Proceedings and by his being left by every Body that he would be much more afraid of the Parliament than ever and would use his utmost power to prevent its Sitting Which they doubted not but he would endeavour And they were ready enough to work underhand too for him for their own sakes not his in order thereunto but durst not appear openly And to encourage the Duke the more to endeavour the Dissolution of the Parliament their Creatures used to say up and down That this Rigour against the Catholicks was in favour of the Duke and to make a Dissolution of the Parliament more easie which they knew he coveted by obviating one great Objection which was commonly made against it which was That if the Parliament should be Dissolved it would be said That it was done in favour of Popery Which Clamour they had prevented before hand by the Severity they had used against it Assoon as we saw these Tricks put upon us we plainly saw what Men we had to deal withal and what we had to trust to if we were wholly at their mercy But yet durst not seem so dissatisfyed as really we were but rather magnified the Contrivance as a Device of great Cunning and Skill All this we did purely to hold them in a belief that we would endeavour to dissolve the Parliament and that they might rely upon his R. H. for that which we knew they long'd for and were afraid they might do some other way if they discovered that we were resolved we would not At length when he saw the Sessions secured we declared that we were for the Parliaments meeting as indeed we were from the moment we saw our selves handled by all the Kings Ministers at such a Rate that we had reason to believe they would Sacrifice France Religion and his R. H. too to their own Interest if occasion served And that they were led to believe that that was the only way they had to save themselves at that time For we saw no Expedient fit to stop them in their Carreer of Persecution and those other destructive Councels but the Parliament Which had set it self a long time to dislike every thing the Ministers had done and had appeared violently against Popery whilst the Court seem'd to favour it And therefore we were Confident that the Ministers having turned their Faces the Parliament would do so too and still be against them And be as little for Persecution then as they had been for Popery before This I undertook to mannage for the Duke and the King of France's interest And assured Monsieur Rouvigny which I am sure he will testifie if occasion serves that that Sessions should do neither of them any hurt For that I was sure I had Power enough to prevent mischief though I durst not engage for any good they would do Because I had but very few Assistances to carry on the Work and wanted those Helps which others had of making Friends The Dutch and Spaniard spared no Pains or