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A28290 An historical account of making the penal laws by the papists against the Protestants, and by the Protestants against the papists wherein the true ground and reason of making the laws is given, the papists most barbarous usuage [sic] of the Protestants here in England under a colour of law set forth, and the Reformation vindicated from the imputation of being cruel and bloody, unjustly cast upon it by those of the Romish Communion / by Samuel Blackerby ... Blackerby, Samuel, d. 1714. 1689 (1689) Wing B3069; ESTC R18715 230,149 164

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The Oath of Secrecy by Word or Circumstance the Matter that shall be proposed to you to keep Secret nor desist from the Execution thereof till the rest shall give you leave After this was done every Man betakes himself to the part assigned him some to provide Money other Materials and others a place to lay the Materials in The place pitched upon for placing the Materials in was Cellars under the Parliament House which Thomas Piercy had hired for that purpose the Materials were thirty six Barrels of Gun-Powder provided in Flanders carried into the Cellar from Lambeth in the Night covered over with Wood and Coals and all provided at the Charge of the English * Sr. Everard Digby 1500 l. Mr. Francis Tresham 2000. l. Piercy 4000 l. besides others Papists who promised themselves the extirpating this Northren Heresie as they called it and introducing in its Room Popish Superstition and Idolatry as we call it and the Divines of our Church have proved it to be to the Conviction of all 〈◊〉 who will not Wilfully shut their eyes against the Light. Things being thus prepared they looked upon the King and Prince Henry as already made a Sacrifice to attone the See of Rome for the revolt that England had made from her and Percy had undertaken for the slaying the Duke of York Charles the First that there might be no ingredient in the Sacrifice wanting to make it acceptable but because it was thought necessary for a Colour to their Bloody designs to preserve the Succession the Lady Elizabeth must be spared and made Queen Foulis Hist l. 10. cap. 2. f. 507. and the Odium of blowing up the Parliament cast upon the Puritans They designed the Accomplishment of this unparallel'd Cruelty on the 5 th of November 1604. when the King and both Houses of Parliament were to meet and that very day they appointed a great Hunting Match at Dunsmore Heath near Comb the Lord Harringtons House in Warwickshire where the Lady Elizabeth was upon which pretence divers Papists were to meet well Armed in order to seize and secure her with intention to marry her to a Papist and by that means to introduce Popery To carry on their Design of fixing this Plot upon the Puritans Foulis Hist l. 10. cap. 2. f. 508. they framed a Proclamation which they got printed and ready for publishing upon the Sign given which they supprest and burnt upon the Discovery though some of them by chance came to light and were seen and read by Dr. Parker Dean of Lincoln Sir William Ellis Recorder of the said City and others And that they might gain the greater Credit with the People in this Contrivance Keys Brother-in-Law to Mr. Pickering had a few days before either borrowed or bought the Swift-horse well known in London and thereabouts of Mr. Pickering of Tich March Grove in Northamptonshire a noted Puritan whom they also designed to kill upon which Faux having fired the Match and Touch-wood leading to the Train was to escape as they bore him in Hand But O Horrid Impiety their Design was to kill him as soon as he had imbrued his Hands in so much Innocent Blood just as he was to mount the Horse as being Pickerings Man which the People would easily believe seeing the Horse was so well known to them and the Multitude once perswaded of this would be more facile to joyn with them under notion of doing Justice upon such supposed Traitors and Wretches They also consulted how to keep the Romish Lords from going that Day to Parliament the better to strengthen their Cause by their Preservation But in the heighth of all their Hopes and Expectations a Discovery is made thus The Manner of the Discovery some of them supposed by Monteagle to be Piercy but Bishop * Answer to Sir Anthony VVeldon's Court of King James p. 73. M. S. Goodman saith it was Tresham who writ the Letter having a great Affection to the said Lord Monteagle Son and Heir to the Lord Morley had a mind to preserve him from the intended Slaughter So one Evening a Letter Sealed is delivered in the Street the Strand by an unknown Fellow to one of the Lords Foot-men charging him to deliver it with Care to his Lord. Monteagle opens it finds it without Date and Subscription writ with a very bad Hand and in a Stile he knew not what to make of The Letter was this My Lord OVT of the Love I bear to some of your Friends I have a care of your Preservation Foulis Hist l. 10. cap. 2. f. 508. Wilson's Hist f. 30. therefore I would advise you as you tender your Life to devise some Excuse to shift off your Attendance this Parliament for God and Man have concurred to punish the Wickedness of this time And think not slightly of this Advertisment but retire your self into your Country where you may expect the Event in Safety for though there be no Appearance of any stir yet I say they shall receive a terrible Blow this Parliament and yet they not see who hurts them This Councel is not to be contemned because it may do you good and can do you no harm for the Danger is past as soon as you have burned this Letter and I hope God will give you the Grace to make good use of it to whose Holy Protection I commend you Monteagle wondred at the Letter and its Delivery and thinking it might relate to some Mischief thought it his Duty to make it known so away he goeth to White-Hall shows it to the Earl of Salisbury then Secretary of State who tells some other of the Privy Council of it and the King being returned from his Hunting at Royston they delivered it to him His Majesty having seriously considered it and all other Circumstances concluded that it might relate to some Design to blow up the Parliament and in this Jealousie ordered the Rooms and Vaults about the House to be searched which was done the Night before the Session when in the aforesaid Cellar under the Lords House were found the Barrels of Powder and at the Door standing Guido Faux booted and Spurred with a large dark Lanthorn now to be seen in Oxford Library with Matches Tinder-Box and other Materials for his Design Faux was presently carried to Court and examined where he appeared sturdy and scornful maintaining the Design to be lawful that James was not his King because an Heretic was sorry that the Plot failed and that he had not blown up the House with himself and those that were sent to search affirming that God would have had the Plot concealed but it was the Devil who revealed it at last Faux himself confest all that he knew of the Treasons Thus far discovered the King suspecting some Commotions or Risings sent with all speed to prevent them by timely Notice by Lepton and others This was that Mr. John Lepton of Yorkshire who rid so often betwixt London and York
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
continue your daily Plotting of so Tragical Stratagems against Recusants It is ordered that none of these Five knoweth who the other Four be for the better preventing the discovery of the rest if so any one by attempting and not performing should be apprehended It is also already agreed who shall first attempt it by shot and so who in order shall follow In accomplishing of it there is expected no other than assurance of Death yet it will willingly be embraced for the preventing of those general Calamities which by this your transcendent Authority and Grace with His Majesty are threatned unto us And indeed the difficulties herein are more easily to be digested since Two of the intended attempters are in that weak estate of Body that they cannot live above three or four Months The other Three are so distressed in themselves and their Friends as that their present griefs for being only Recusants do much dull all aprehensions of Death None is to be blamed in the true censuring of Matters for the undertaking hereof Nor are they to be blamed for it for we protest before God we have no other means left us in the World since it is manifest that you serve but as a Match to give Fire unto his Majesty to whom the worst that we wish is that he may be as great a Saint in Heaven as he is King on Earth for intending all mischiefs against the poor distressed Catholics Thus giving your Lordship this charitable admonition the which may perhaps be necessary hereafter for some others your inferiours at least in grace and favour if so they run on in their former inhumane and unchristian rage against us I cease putting you in mind For 't is true and Spiritual Resolution that where once True and Spiritual Resolution is there notwithstanding all dangers whatsoever the weak may take sufficient revenge of the great Your Lordships well admonishing Friends c. A. B. C. c. It may be your Lordship will take this but as some forged Letter of some Puritans thereby to incense you more against Recusants But we protest upon our Salvation it is not so Neither can any thing in humane likelihood prevent the effecting thereof but the change of your Course towards Recusants This Letter at the beginning affords fair seeming to detest the Gun-Powder-Plot as Watson did the Popish Treasons in Queen Elizabeths time and was hanged for Treason in the beginning of the Reign of King James but little credit is to be given to what they say if it be considered that the very design of it is to apoligize for Murther and that they therein assert that although they Murther Privy Counsellors yet the Murtherers may be good men nor are they to be blamed for it for it is a true and spiritual resolution What influence this Letter had the sequel will evince for the said Oath was immediately confirmed by Act of Parliament and the Papists injoyned to take it in the Circumstances and upon the Penalties in the Act for that purpose mentioned the sum and substance of which Act followeth it is Intitled An Act for the better discovering and repressing of Popish Recusants The Preamble of the Act runs thus 3. Jac. 1. c. 4. Rast Stat. f. 591. Papists must receive the Sacrament and take the Oath of Allegiance c. upon pecuniary mulcts if neglected FOrasmuch as it is found by daily Experience that many His Majesties Subjects that adhere in their hearts to the Popish Religion by the infection drawn from thence and by the Wicked and Divelish Councel of Iesuits Seminaries and other like Persons dangerous to the Church and State are so far perverted in the point of their Loyalty and due Allegiance to the Kings Majesty and the Crown of England as they are ready to entertain and Execute any Treasonable Conspiracies and Practices as evidently appears by that more then barbarous and horrible Attempt to have blown up with Gun-powder the King Queen Prince Lords and Commons in the House of Parliament Assembled tending to the utter Subversion of the whole State lately undertaken by the instigation of Iesuits and Seminaries and in Advancement of their Religion by their Schollars Taught and Instructed by them to that purpose which Attempt by the only goodness of Almighty God was discovered and defeated And where divers Persons Popishly affected do nevertheless the better to cover and hide their false Hearts and with the more safety to attend the opportunity to execute their mischievous Designs repair sometimes to Church to escape the Penalty of the Laws in that behalf provided Then for the better discovery of such Persons and their Evil affections to the Kings Majesty and to the State of the Realm to the end that being known their Evil Purposes might be the better prevented It was enacted that every Papist that Conforms shall Yearly receive the Sacrament upon twenty pounds Forfeiture upon the first Years neglect forty pounds the second sixty pounds the third and so forwards sixty pounds Yearly until he or she shall have received it That Papists their Children of Nine Years and Servants shall be once a Year presented at the general or Quarter Sessions Which presentments are to be recorded at the Sessions That the Iustices of Assize and Goal Delivery and Iustices of Peace shall hear and determine the Offence That Proclamation shall be made at the Assizes or Sessions for the Offender to render his body to the Sheriff Bayliff or Keeper of the Goal of the Liberty before the next Assizes or Sessions c. And if the Offender doth not he stands Convicted and forfeits twenty pounds a Month for every Month contained in the Indictment whereon he his Convicted That every Conviction shall be certified into the Exchequer that the King may refuse twenty pounds a Month and take two parts of the Papists Lands save their Mansion House That the Kings two parts shall not be Leased to Papists Noblemen and Noblewomen are excepted That the Oath of Allegiance shall be tendred to all Persons of the Age of Eighteen Years or above Convicted or Indicted for Recusancy for not going to Church for not receiving the Sacrament or that pass through any Country Shire or Liberty and unknown Who refuse taking this Oath incur a Premunire except Women covert who are to be Committed to the Common Goal without Bail or Mainprize till they take the Oath No Indictment or other Proceedings against the Papists shall be discharged or reversed for default of Form but Conformity discharges all Proceedings whatever Felony in any that go beyond Seas to serve any Forreign Prince c. or being there shall voluntarily serve such Prince not first having taken the Oath Felony in any Gentleman or Person of higher Degrée or any that is or hath born Office in Camp Army or Company of Souldiers to go beyond the Seas voluntarily to serve a Foreign Prince or shall voluntarily serve any Prince unless he first enters into Bond
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