BY the Mirror of Ju­stices. f. 152. Common Law of England the punishment of Heresie was burning the Heretick, by vertue of the Writ de Haeretico comburendo; Fitz. Natur. Brev. f. 269. which was first to issue. What was accounted Heresie before the time of Ed. the 3 d, I shall not enquire. That the Church of Rome hath always ter­med those Hereticks, who have opposed her Innovasions and Corrup­tions, can't be denyed, and is sufficient to my purpose. The first of these that apppeared in England, was John Wickliffe, in the latter end of the Reign of King Ed. the 3 d, in the year 1371. And therefore there was no occasion for putting the Law in Execution till his time; but upon his ap­pearance, he Preaching and Teaching several Doctrines that tended to a Re­formation; the Romish Clergy ( fond of their Diana) presently endeavours to si­lence him, which they had done, had not the favour of some great men at that time stopt their proceedings against him; so that, (notwithstanding their Rage and Malice against him) he at last dyed in his Bed: But such an Implacable Hatred they bore to his Memory, because he had begun to dispel those Clouds of Darkness and Ignorance, with which this Church of England was then over­spread, that they Ex actis Con­silii Constan. Procured a Decree of the Synod of Constance, for the taking up his Body and Bones to be burnt▪ one and forty years after he was buried, for being an obstinate Heretick: In obedience to which Decree, the Popish Clergy in the time of King Richard the 2 d, took up his Bones out of his Grave, and burnt them, and cast the Ashes into a River. Such Enemies were they then to Christ's Religion, that they would not suffer the Ashes of this great Luminary to rest, lest (as they were superstitious enough to think) they should again revive, to make a further discovery of their Works of Darkness.

In this Trussel's Con­tinuation of Daniel's Histo­ry of England. fol. 49. King's Reign execution by Fire was first put in practice within this Realm, for opposing the Superstition and Idolatry of the Church of Rome.

Before this time there being no Statute to punish the Oppugners of the Romish Innovasions, and Corruptions in matters of Doctrine and Worship. The Clergy of the Romish Church, made use of the weakness of R. 2. and prevailed with him to consent to the owning a supposititious Law, of their own contriving and drawing up, with­out the consent of the Commons, Co. Inst. 3. p. fol. 40, 41. That Commissions should be by the Lord Chan­cellor made, and directed to Sheriffs and others, to arrest such as should be cer­tified into the Chancery by the Bishops and Prelates, to be Preachers of Heresie and notorious Errors, their Fautors, Maintainers, and Abettors, and to hold them in strong Prison, until they would justifie themselves to the Law of Holy Church. Which Act of Parliament was the first that was made against them that preached against the Church of Rome, under the Notion of their being Hereticks▪ [Page 2] who were then called Wicklivites. The Act it self I have here inserted, as it is Printed in Rastal's Statutes.

R. 2. Ca. 5. Rast. Stat. f. 140. The Wickli­vites to be im­prisoned. Forasmuch as it is openly known, that there be divers evil persons within the Realm, going from County, to County, and from Town, to Town, in certain habits, under dissimulation of great Holyness, and without the Lycens;e of the Ordina­cies of the places, or other sufficient Authority, Preaching daily, not only in Churches, and Church-yards; but also in Markets, Fairs, and other open places, where a great Congregation of people is, divers Sermons containing Heresies, and notorious Er­rors, to the great embleamishing of the Christian Faith, and destruction of the Laws, and of the estate of Holy Church, to the great peril of the souls of the people, and of all the Realm of England, as more plainly is found, and sufficiently proved, before the Re­verend Father in God the Arch-Bishop of Canterbury, and the Bishops and other Pre­lates, Masters of Divinity, and Doctors of canon and of civil Law, and a great part of the Clergy of the said Realm, especially assembled for this cause: which persons do also preach divers matters of slander, to engender discord and dissention, betwixt divers Estates of the said Realm, as well Spiritual as Temporal, in exciting of the people to the great peril of all the Realm: which Preachers cited or summoned before the Ordinaries of the places, there to answer of that whereof they be Impeached, will not obey to their Summons and Commandments; nor care not for their Monitions nor Censures of the Holy Church, but expresly despise them: and moreover, by their subtil and ingenious words, do draw the people to hear their Sermons, and do main­tain them in their Errors, by strong hand and by great Routs: It is ordained and assented in this present Parliament, that the King's Commissions be made, and di­rected to the Sheriffs, and other Ministers of our Soveraign Lord the King, or other sufficient persons Learned, and according to the Certifications of the Prelates thereof, to be made in the Chancery from time to time, to arrest all such Preachers, and also their Fautors, Maintainers and Abettors, and to hold them in Arrest and strong Prison, till they will justifie them according to the Law and Reason of Holy Church, and the King will and commandeth, That the Chancellor make such Commissions at all times, that he by the Prelates or any of them, shall be certified and thereof required as is aforesaid.

By this Act it appears, that there were then several persons, who would not submit themselves to the Romish Bishops and Prelates, and the Histories of those times acquaint us, that they were the Professors of the true Religion, afterwards called Protestants. By Colour of this supposed Act, certain persons that held that I­mages were not to be worshipped, Co. Inst. 3 d. fol. 40. and such like Doctrines (which the Protestants now hold) were detained, and tormented in Prison, till they were compelled be­fore the Masters of Divinity (as they called themselves) to take an Oath, and did swear to worship Images, which was against the Moral and Eternal Law of Al­mighty God. This, these Popish Bishops and Prelates did, by vertue of this Law; which indeed was none, for it was onely signed by the King at the instance of the Bishops and Prelates, and never assented to by the Commons; and therefore in the next Parliament, the Commons preferred a Bill, reciting the said supposed Act, and constantly affirmed, that they never assented thereunto, and therefore desired, that the same might be made void, for they protested that it was never their in­tent to be justified, and to bind themselves and their Successors to the Prelates more than their Ancestors had done in times past, whereto the King gave his Roy­al Assent, in these words, y pleist au Roy. But in the Proclamation of the Acts of that Parliament, Co. 12.58. and 3. Inst. f. 41. which was 6. R. 2. the said Act of 6. R. 2. whereby the said sup­posed Act of 5. R. 2. was declared to be void, is omitted; and afterwards, the said supposed Act of 5. R. 2. ca. 5. was continually printed, and looked on as a Good Law, and the said Act of 6. R. 2. was by the Prelates from time to time kept from the Print. Such pious Frauds have been always practised by the Po­pish Clergy, and always found necessary for the supporting of the credit of that Church.

THe Rage of the Popish Clergy against the Wicklivites, or Professors of the true Religion, increasing with the increase of the light of the Gospel, and they fearing that the said contrivance might be detected, to the end that they might be yet more able effectually (if it were possible) to suppress the truth; when they [Page 3] had requited R. 2. for granting them that supposed Law, with deposing him, and assisting H. 4. to usurp the Crown; they in the 2 d. H. 4. apply themselves to him for a further Law, for the preservation of the Catholick Faith (as they cal­led it) against Christ's true Religion, (by them miscalled Heresie) and he in gratitude to them, in assisting him in his coming to the Crown, granted them a Law to their Hearts content, which follows, as it is printed in Rastal 's Statutes, in these words.

Whereas it is shewed to our Soveraign Lord the King, on the behalf of the Prelates and Clergy of this Realm of England, in this present Parliament, 2 H. 4. ca. 15. Rast. Stat. f. 180. By this Law the Professors of the true Religion: were to be burnt as Hereticks. that although the Catholick Faith builded upon Christ, and by his Apostles, and the holy Church, sufficiently determined, declared, and approved, hath been hitherto, by good, and holy, and most noble Progenitors of our Soveraign Lord the King, in the said Realm, amongst all the Realms of the World, most devoutly observed; and the Church of England, by his said most noble Progenitors, and Ancestors, to the honour of God, and of the whole Realm aforesaid, laudably endowed, and in her Rights and Liberties sustained, without that, that the same Faith, or the said Church was hurt, or grievously oppres­sed, or else perturbed by any perverse Doctrine, or Wicked, Heretical, or Erronious Opinions: Yet nevertheless, divers false and perverse people, of a certain new Sect, of the Faith of the Sacraments of the Church, and the Authority of the same, dam­nably thinking, and against the Law of God and of the Church, usurping the Office of Preaching, do perversly and malitiously, in divers places within the said Realm, under the colour of dissembled Holiness, preach and teach these dayes openly and privily, di­vers new Doctrines, and wicked, heretical and eronious Opinions, contrary to the same Faith, and blessed determinations of the Holy Church. And of such Sect, and wicked Doctrine and Opinions, they make unlawful Conventicles and Confederacies, they hold and exercise Schools, they make and write Books, they do wickedly instruct and informe people, and as much as they may, excite and stir them to Sedition and Insurrection, and maketh great strife and division among the people, and other Enor­mities horribly to be heard, daily do perpetrate and commit, in subversion of the said Catholick Faith, and Doctrine of the Holy Church, in diminution of God's Honour, and also in destruction of the Estates, Rights, and Liberties of the said Church of England, by which Sect, and wicked and false Preachings, Doctrines, and Opinions of the said false and perverse people; not only most greatest peril of the Souls, but also many other harts, flanders, and perils, (which God prohibit) might come to this Realm, unless it be the more plentifully and speedily holpen, by the King's Majesty in this behalf, namely, whereas the Diocesans of the said Realm, cannot by their Iurisdiction Spiritual, without aid of the said Royal Majesty, sufficiently correct the said false and perverse people, nor refrain their malice, because the said false and perverse people, do go from Diocess to Diocess, and will not appear before the said Diocesans, but the same Diocesans, and their Iurisdiction Spiritual, and the Keys of the Church, with the Censures of the same, do utterly contemn and despise, and so their wicked Preach­ings, and Doctrines, doth from day to day, continue and exercise, to the hatred of Right and Reason, and utter destruction of Order and good Rule. Vpon which No­velties and Excesses above rehersed, the Prelates and Clergy aforesaid, and also the Commons of the said Realm, being in the said Parliament, praying our Soveraign Lord the King, that his Royal Highness would vouchsafe in the said Parliament, to provide a convenient Remedy: The same our Soveraign Lord the King, gratiously considering the premises, and also the laudable steps of his said most noble Progeni­tors, and Ancestors, for the conservation of the said Catholick Faith, and sustentation of God's Honour, and also the safeguard of the Estates, Rights, and Liberties of the said Church of England, to the laud of God, and merit of our said Soveraign Lord the King, and prosperity and honour of all the said Realm, and for the eschew­ing of such Dissentions, divisions, hurts, slanders and perils in time to come; and that this wicked Sect, preachings, doctrines and Opinions, should from henceforth cease and be utterly destroyed, by the assent of the States and other discreet men of the Realm, being in the said Parliament; hath Granted, Established, and Ordained from henceforth, and firmly to be observed, That none within the said Realm, or any other Dominions subject to his Royal Majesty, presume to preach openly or privily, without the Lycense, of the Diocesan of the same place, first required, and obtained, Curates in their own Churches, and persons hitherto priviledged, and other of▪ the Cannon Law granted, only except. Nor that none from henceforth any thing preach, hold, teach or instruct, openly or privily, or make, or write any Book, contrary to the Catholick Faith, or determination of the Holy Church, nor of such Sect and wicked Doctrines, and O­pinions, shall make any Conventicles, or in any wise hold or exercise Schools, and also that none from henceforth, in any wise, favour such preacher, or maker of any such, and like Conventicles, or holding or exercising of Schools, or making or writing such Books, or so teaching, informing, or exciting the people, nor any of them maintain, or any wise sustain, and that all and singular having such Books or any [Page 4] Writings of such wicked doctrines and opinions, shall really with effect, deliver or cause to be deliverd, all such Books and Writings, to the Dyocesan of the same place, within forty days from the time of the Proclamation of this Or­dinance and Statute: And if any person or persons, of whatsoever kind, estate, or condition, that he or they be, from henceforth, do attempt against the Royal Ordinance and Statute aforesaid, in the premises, or in any of them, or such books, in the forme aforesaid, do not deliver; then the Diocesan of the same place, in his Dyocess, such person or persons in this behalf defamed, or evidently suspected, and every of them, may by the Authority of the said Ordinance and Statute, cause to be arrested, and under safe custody in his prisons to be detained, till he or they, of the Arti­cles laid to him or them, in this behalf, do canonically purge him or themselves, or else such wicked Sect, Doctrines, Preachings, and Heretical, and Erroneous Opinions, do abjure, according as the Laws of the Church do require; so that the said Diocesan by himself, or his Commissaries, do openly and judiciously proceed against such persons, so arrested, and remaining under his safe Custody to all effect of the Law, and deter­mine that same business, according to the Canonical Decrees, within three months af­ter the said arrest, any lawful impediment, ceasing. And if any person, in any case above expressed, be before the Diocesan of the place, or his Commissaries, Canonically convict, then the same Diocesan may do to be kept in his prison, the said person, so con­vict for the manner of his default, and after the quality of the offence, according and as long as to his discretion shall seem expedient, and moreover to put the same person to the secular Court (except in cases, where he according to the Canonical Decree ought to be left,) to pay to our Soveraign Lord the King his pecuniar fine, accor­ding as the same fine shall seem competent to the Diocesan, for the manner and quality of the offence, in which case the same Diocesan shall be bound to certifie the King of the same Fine in his Exchequer by his Letters Patents, sealed with his seal, to the effect, that such Fine by the King's Authority may be required, and levyed to his use, of the goods of the same person so convict. And if any person within the said Realm and Dominion, upon the said wicked preachings, doctrines, opinions, schools and he­retical and erroneous informations, or any of them, be before the Diocesan of the same place, or his Commissaries, sententially convict, and the same wicked Sect, preachings, doctrines and opinions, schools, and informations, do refuse duely to abjure: Or by the Diocesan of the same place, or his Commissaries, after the abjuration made by the same person pronounced, fall into relaps, so that according to the holy Canons, he ought to be left to the secular Court, whereupon credence shall be given to the Diocesan of the same place, or to his Commissaries in this behalf, then the Sheriff of the County of the same place, and Mayor and Sheriffs, or Sheriff, or Mayor and Bayliffs, of the City, Town, and Burrough of the same County, next to the same Diocesan, or the said Commissaries, shall be personally present in preferring of such sentences, when they by the same Diocesan, or his Commissaries, shall be required, and they the same persons, and every of them, after such sentence promulgate, shall receive, and them before the people, in a high place do to be burnt, that such punishment may strike in fear to the minds of other, whereby no such wicked Doctrine, and Heretical and Erroni­ous Opinions, nor their Authors, and Fautors in the said Realm and Dominions against the Catholick Faith, Christian Law and Determination of the holy Church, which God prohibit, be sustained, or in any wise suffered, in which all and singular the premises, concerning the said Ordinance and Statute, the Sheriffs, Mayors, and Bayliffs, of the said Counties, Cities, Burroughs and Towns, shall be attending, aiding and supporting, to the said Diocesans and their Commissaries.

From the Preamble of which Act of Parliament, and the Act it self, I observe three things. 1 st. That it being soon after the death of Wickliffe, the persons there mentioned to have had a new Faith, about the Sacraments of the Church, and the Authority of the same; and that Preached without authority, that gathered Conventicles, taught Schools, and wrote Books against the Catholick Faith, with many other hainous aggravations, had been the followers of Wickliff, and were then of John Huss, and Jerom of Prague, and the rest of the Reformers from Po­pery, and were carrying on that Blessed Work, as fast as they could. 2ly. That the end and Design of this Law, was, That that Sect (as the Act calls them) their Preachings, Doctrines, and Opinions, should from thenceforth Cease, and be utter­ly destroyed. And 3dly. That in order thereunto by this Statute: The Sheriffs or other Officers, were immediately to proceed, to the burning of Hereticks (i. e.) Protestants, without any Writ or Warrant from the King; without which Writ (as I observed before,) they could not proceed to burn any Person; and accordingly they proceed in burning the Professors of the true Religion, all the Reign of King H. the 4th.

IN the beginning of the Reign of King Henry the 5th, (by reason of a preten­ded Conspiracy) a more severe Act was made against the Professors of the true Religion, whom they then called Lollards, by which Act all Officers of State, Judges, By this Law, the Lollards, or Professors of the true Religion, forfeit real and personal Estate to the King. Justices of the Peace, Mayors, Sheriffs, and Bailiffs, were to be sworn when they took their Imployments, to use their whole Power and Diligence, to destroy all Heresie and Errors, called Lollardies, and to assisst the Ordinaries and their Commissaries in their Proceedings against them, and that the Lollards should forfeit all the Lands they held in Fee sim­ple, and their Goods and Chattels to the King. Which Act, that the Papists may not have the least colour to contradict what I say, I have here inserted, as it is Printed in Rastal, in these words.

Forasmuch as great Rumors, Congregations, and Insurrections, 2 H. 5.7. Rast. Stat. 1. pt. fol. 205. The Magistrates are to take an Oath to suppress the Professors of the true Reli­gion, then cal­led Lollard. here in the Realm of England, by divers of the King's Leige People, as well by them which were of the Sect of Heresie, commonly called Lollardy, as by others of their Confederacy, Excita­tion and Abetment, now of late, were made to the intent, to adnul, destroy, and sub­vert the Christian Faith, and the Law of God and Holy Church, within this same Realm of England, and also to destroy the same, our Soveraign Lord the King, and all other manner of Estates of the same Realm of England, as well Spiritual as Temporal, and also all manner of Polity, and finally the Laws of the Land, the same our Sove­raign Lord the King, to the Honour of God, and in conservation and fortification of the Christian Faith, and also in salvation of his Royal Estate, and of the Estate, and of the Estate of all his Realm, willing, against the Malice of such Hereticks and Lollards, to provide a more open remedy and punishment, then hath been had and used in the case heretofore, so that for fear of the same Laws and Punishments, such Heresies and Lollardries may the rather cease in time to come, by the advice and assent aforesaid, and at the prayer of the said Commons, hath Ordained and Established: That first, the Chancellor, Trea­surer, Iustices of the one Bench and of the other, Iustices of the Peace, Sheriffs, Mayors, and Bailiffs of Cities and Towns, and all other Officers, having governance of Peo­ple, which now be, or hereafter for the time shall be, The Oath. shall make an Oath in taking of their Charges and Occupations, to put their whole power and diligence, to put out and do to be put out, cease and destroy all manner of Heresies and Errors, commonly called Lol­lardries, within the places where they exercise their offices and occupations, from time to time, with all their power, and that they assist the Ordinaries and their Commissaries, and them favour and maintain, as often as they or any of them, to that shall be required by the same Ordinaries or their Commissaries, so that when the said Officers and Mi­nisters travel or ride to arrest any Lollard, or to make assistance at the instance and request of the Ordinaries or their Commissaries by vertue of this Statute, that the same Ordinaries and Commissaries shall pay for their costs reasonably, and that the King's Services, to the which the same Officers be first sworn, be preferred before all other Statutes for the Liberty of Holy Church, and the Ministers of the same, and in especial for the Correction and Punishment of the Hereticks and Lollards, before this time made and not repelled, being in their force; and also, that all Persons convict of Heresie, of what estate, condition or degree, that they be by the said Ordinaries or other Commissaries, left to the Secular Power according to the Laws of Holy Church, shall lose and forfeit all their Lands and Tenements, which they have in fee simple, in the manner as followeth, that is to say, that the King have all the Lands and Tenements, which the said Convicts have in fee simple, and holden of him immediately as forfeit, and the other Lords of whom the Lands and Tenements of such Convicts be holden im­mediately, after that the King is so seized & answered of the year, the day, & the waste, have Liberty out of the King's hands, of the Lands & Tenements aforesaid of them so holden, as hath been used in the Case of Attainder of Felony: Except the Lands and Tenements, which be holden of the Ordinaries or their Commissaries, before whom any such persons im­peached of Heresie be convict, which Lands and Tenements intirely shall remain to the King as forfeit. And moreover that all the Goods and Chattels of these person so convicted, be forfeit to our Soveraign Lord the King. So that no person convict of Heresie, and left to the Secular power after the Laws of Holy Church, shall forfeit his Lands before that he be dead, and if any such person so convict be infeoffed, be it by Fine, by Deed, or without Deed, in Lands or Tenements, Rents or Services, in Fee or otherwise, or hath any other possessions or Chattels by gift or grant of any person or per­sons, to another's use then to the use of such convicts, that the same Lands or Te­nements, Rents or Services, nor such other Possessions nor Chattels, shall be forfeit to our Sovereign Lord the King in no wise, and moreover that the Iustices of the King's Bench, and Iustices of Peace, and Iustices of Assize, have full power to en­quire [Page 6] 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.

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 [Page 7] 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 admitted in the King's English Church, and Congregations, as whereby good Christian People, ordering themselves accordingly, do receive both Godly and goodly consolations and benefits, and it is a­greeable also to God's Law.

6. That Auricular Confession is expedient, and necessary to be retained and continued, used and frequented, in the Church of God.

He that by word of Mouth, Writing, Printing, Cyphering, or in any otherwise, doth Pub­lish, Preach, Teach, Say, Affirm, Declare, Dispute, Argue, or hold any Opinion contrary to the first Article, is by that Act of 31 H. 8. ca. 14. Declared a Heretick, to suffer Death by burning, and to forfeit his Estate as in case of High Treason: The publick Preaching, and affirming in a Court of Justice, any thing contrary to the other five Articles, and Mar­rying after a vow of Chastity, is declared Felony, without Benefit of Clergy, and to forfeit as in cases of Felony. And if any Person by Words, Writing, Printing, Cyphering, or otherwise, publish, declare, or hold Opinion, contrary to the said five Articles, he forfeits his Goods and Chattels for ever, the Profits of his Lands, Tenements, and other his real Estate, during his life, his Spiritual Promotion shall be utterly void, and his body imprisoned, at the King's Pleasure, for the first offence, and for the second offence to be adjudg'd a Felon, [Page 8] and suffer and forfeit as a Felon, without Benefit of Clergy. By which Act it plainly ap­pears, that the denying of Transubstantiation, was by this Law made High Treason.

The publishing or holding the necessity of Receiving in both kinds, the lawful­ness of Priests Marrying, the unlawfulness of vowing Chastity, of private Masses, and Auricular Confession, was no less than Felony, or at least a Premunire; So that in a word, to be a Protestant, was to be a Traytor, a Felon, or subject to a Premunire: And could they have found any punishment inflicted by our Laws, that is worse, they would (no doubt) have made the Protestants subject to it, and that, not as Offenders against the Polity of the Civil State, but purely upon the Account of their Religion.

And therefore, the next thing that is done by these destroyers of Souls as well as Bodies, is to take away all means of Knowledge (as well as to inhibit the Promulga­tion thereof,) upon such severe Penalties; and for that purpose was the Act of 34 H. 8. ca. 1. made: Whereby,

34 H. 8. ca. 1. Rast. Stat. p. 782. The means of Knowledge in Religion, taken away by this Act from the Pro­testants. All Books of the Old and New Testament in English, being of Tindal's Translation, or Comprising any matter of Christian Religion, Articles of the Faith or holy Scrip­ture, contrary to the Doctrine aforesaid, (i. e. the Doctrine of Popery) and set forth after the year 1540, or then to be set forth by the King were utterly abolished; no Printer or Bookseller was to utter any of the aforesaid Books, no person was to play in enter­lude; sing or rhyme, contrary to the said Doctrine; no person was to retain any English Books, or Writings, concerning matter against the Holy and Blessed Sacra­ment of the Altar, (i. e. the Mass) or other Books, abolished by the King's Proclamation, there was to be no annotations, or preambles in Bibles, or New Testaments in Eng­lish: The Bible was not to be read in English in any Church, no Women, or Artificers, Prentices, Iourneymen, Servingmen, of the degrees of Yeomen, or under Husband­men, nor Labourers, should read the new Testament in English: Nothing was to be taught or maintained, contrary to the King's Instructions, (which were for the suppressing Heresie or Protestantism) and if any Spiritual person should preach, teach, or maintain any thing contrary to the King's Instructions, or Determinations made, or to be made, and should be thereof Convict, he should for his first Offence recant, for the second ab­jure, and bear a Fagot, and for his third should be adjudged an Heretick, and be burnt, and lose all his Goods and Chattels.

And whoever will take the pains to read over Dr. Burnet. the History of the Reformation, together with Fox. the Book of Martyrs, (of which Book Dr. Burnet, in his Preface to the first part of his History of the Reformation, saith, that he having compared his Acts and Monuments with the Records, had never been able to discover any Er­rors or Prevarications in them, but the utmost fidelity and exactness,) will find so many instances of putting all these bloody Laws before mentioned in Execution, as I perswade my self, that there are some Papists would e'en blush at, and be throughly ashamed of; and if they have any thing of Humanity in them, must utterly abhor. But before I can carry on the account of the rest of the Penal Laws made by the Papists against the Protestants, (the Reformation in King Edward the 6 th's time, of Glorious Memory, intervening) I shall shew how the Reformers used the Papists in his Reign.

IT may be expected that I should say something of Henry the 8 th's Reformation: But as to what was done in Henry the 8 th's time, I shall not trouble the Reader with any thing, because the Reverend and Learned Doctor Burnet is so far from giving him the Character of good; that he concludes his first part of the History of the Re­formation, Hist. of the Re­formation, vol. 1. p. 362. with this, (speaking of Henry the 8 th.) I do not deny that he is to be num­bred among the ill Princes, yet I can't rank him with the worst. Which Character cer­tainly the preceeding account of the Laws made in his time against the Protestants, does evidence to be very favourable to him.

I shall therefore begin with the Laws made in the Reign of King Edward the 6 th. and the manner of introducing them. King Edward the 6 th coming to the Crown young, and Cranmer and others designing throughly to reform the Church of England [Page 9] from the Errors and Corruptions that were crept into Her, during the time she was under the Popish Tyranny: The first step that was set in order to it, was the visiting the Clergy quite over England, and compiling some wholesome Homilies, Mild Methods us'd by King Ed. the 6th. before any Laws made. to supply the defect of Sermons, by reason of the ignorance of the then Clergy, and to prevent unnecessary Disputes in the Pulpits: Their Articles and Injunctions for the Visitation, were to be observed, under the pains of Excommunication, Sequestration, or De­privation, not upon the Penalty of being burnt as a Heretick, or forfeiture either of Lands in fee simple, or Goods or Chattels, or either, or any of them: This was done before the Parliament was called.

November the 4 th, 1547. The Parliament met, and the first Act of Parliament that was made, was an Act against such as should unreverently speak against the Sacrament of the Altar, and of the receiving thereof under both kinds, which Act of Parliament, in the Preamble, takes notice:

That the King, 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. [Page 10] 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 Ʋnifor­mity 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 Ʋ ­niformity, 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 Bangor, and of Lincoln, and besides the same, now of late, much more divers and sundry forms, and fashions have been used, in the Cathe­dral and Parish Churches of England and Wales, as well concerning the Mattens, or Morning Prayer, and the Even-Song, as concerning the Holy Communion, commonly called the Mass, with divers and sundry Rites and Ceremonies, concerning the same, and in the administration of other Sacraments in the Church, and as the Doers and Executors of the said Rights and Ceremonies, in other form than of late years they have been used, were pleased therewith, so others not using the same Rites and Cere­monies, were thereby greatly offended, and albeit the King's Majesty, with the Ad­vice of his most entirely beloved Vncle, the Lord Protector, and other of his Highness Council, hath therefore divers times assayed to stay Innovations, or new Rites con­cerning the premises, yet the same hath not had such good success, as his Highness re­quired in that behalf, whereupon his Highness, by the most prudent advice aforesaid, being pleased to bear with the frailty and weakness of his Subjects in that behalf, of his great Clemency, hath not been only content, to abstain from punishment of those that have offended in that behalf; for that his Highness taketh, that they did it of a good Zeal, but also to the intent, an uniform, quiet, and Godly Order, should be had concerning the premises, hath appointed the Arch-Bishop of Canterbury, and certain of the most lear­ned and Discreet Bishops, and other Learned Men of this Realm, to consider and ponder the premises, and there upon, having as well eye, and respect to the most sincere and pure Christian Religion, taught by the Scripture; as to the usages in the Primitive Church, should draw and make one convenient and meet order, right, and fashion of Common, and open Prayer, and Administration of the Sacraments, to be had and used in his Ma­jesties Realm of England, and in Wales, the which at this time by the aid of the Holy Ghost, with one Vniform Agreement, is of them concluded, set forth, and delive­red to his Highness, to his great comfort and quietness of mind, in a Book intituled, The Book of Common-Prayer and Administration of the Sacraments, and other Rites and Ceremonies, after the use of the Church of England.

From which Preamble, I observe, 1 st. That notwithstanding all the endeavours used by the King and his Council, to stay Innovations, and throughly to reform the Administration of the Sacraments of the Lord's Supper, divers of his Sub­jects would not comply. 2 dly, That their non-complyance, was attributed to their [Page 11] frailty and weakness: And 3 dly, that his Clemency was such towards them, that he abstained from punishing them, because he took it, that they did it of a good Zeal. This Book of Common-Prayer being compiled, further to shew tenderness to the Papists, it was Enacted,

That all and singular person and persons, that had offended concerning the premises, other then such person and persons, as were then in the Tower of London, or in the Fleet, should be pardoned thereof; and that all and singular Ministers in any Cathedral or Pa­rish Church, or other place within this Realm of England, Wales, Callis, and in the Mar­ches of the same, or other the King's Dominions, should from and after the Feast of Pentecost then next coming, be bounden to say, and use the Matins, Evensong, celebra­tion of the Lord's Supper, commonly called the Mass, and Administration of each of the Sacraments, and all their common and open Prayer, in such Order and Form, as is before mention'd in the said Book, and none other or otherwise; and it was further Enacted, That if any manner of Parson, Vicar, or other whatsoever Minister that ought or should sing, or say Common-Prayer, mentioned in the said Book, or Mi­nister the Sacraments, should after the time therein prefixt, refuse to use the said Common-Prayers, or to Minister the Sacraments, in such Cathedral, or Parish Church, or other places, as he should, or minister the same in such Order and Form, as they be mentioned, and set forth in the said Book, or should use, wilfully and obstinately stand­ing in the same, any other Rite, Ceremony, Order, Form, or manner of Mass, openly or privily, or Mattins, Evensong, Administration of the Sacraments, or other open Prayer, then is mentioned, and set forth in the said Book, (Open Prayer in and throughout this Act, is meant, that Prayer which is for others to come unto, or heat, either in common Churches, or private Chappels, or Oratories, commonly called the Service of the Church,) or should Preach, Declare, or speak any thing in derogation or depraving of the said Book, or any thing therein contained, or of any part thereof, and should be thereof lawfully convicted, according to the Laws of this Realm, by verdict of twelve men, or by his own Confession, or by the noto­rious Evidence of the Fact, should lose and forfeit to the King's Highness, his Heirs and Successors, for his first Offence, the profits of such one of his Spiritual Benefites, or Promotions, as it shall please the King's Highness to Assign, or appoint, coming or arising in one whole year next after this Conviction: And also, should suffer six Months Imprisonment, without Bail or Mainprize. And should for his second offence suffer a years Imprisonment, and be deprived ipso facto of all his Spiritual Promotions, and that it should be lawful to all Patrons, Donors and Grantors of all and singular the same Spiritual Promotions, to present to the same any other able Clerk, in like manner and form, as though the Party so offending were dead. And for the third offence should suffer Imprisonment during his life. And that Lay persons offending in the premi­ses, should for the first offence, suffer Imprisonment during six Months without Bail or Mainprize, and for his second offence suffer Imprsonment during his Life. And it is further thereby Enacted, that if any person should in any Interludes, Plays, Songs, Rhymes, or by other open words, declare or speak any thing, in the derogation, depraving, or despising of the same Book, or of any thing therein contained, or any part thereof, or should by open Fact, Deed, or by open thréatnings compel, or cause, or otherwise pro­cure, or Maintain any Parson, Vicar, or other Minister, in any Cathedral, or Parish Church, or Chappel, or in any other place, to sing or to say any common or open Prayer, or to Minister any Sacrament, otherwise, or in any other manner, or form, than is mentio­ned in the said Book, or that by any of the said means, shall lawfully interrupt, or let any Parson, Vicar or other Minister, in any Cathedral, or Parish Church, Chappel, or any other place, to sing and say common and open prayer, or to minister the Sacraments, or any of them, in such manner and form, as is mentioned in the said Book, they should forfeit to the King our Soveraign Lord, his Heirs and Successors, ten pounds for the first offence, and for non-payment, should suffer three months Imprisonment, without Bail or Mainprize, and for the second offence twenty pounds, and for want of payment, should suffer six months Imprisonment, without Bail or Mainprise, and for the third offence should forfeit all his Goods and Chattels, and suffer Imprisonment during his life time.

From which Act it is evident, that all the mild Methods were taken, that could be thought on, to win over the Papists to the Reformed Re­ligion, for the Penalties incurred, were not only suspended, but the offender pardoned, after they had been so long winkt at, and the Penalties upon which Conformity was injoyned, must be by all considering men adjudged reasonable, to be inflicted upon those that remained obstinate, after such kind usage, and the ra­ther, for that it is apparent, they made it their business to compel persons to go to Mass. One thing I can't let pass without a remark, That in this, as well as the Sta­tute [Page 12] of the 1 st of Edward the 6 th, the tryal of the offence is to be according to the Antient Laws of the Land, by a Jury, and that till then, they could incur none of the Penalties; so careful were the Reformers for the Liberties even of Papists.

Hist. Ref. pt. 2. p. 115, 116, 117, 118. B [...]ker 's Ch on. p. 303, 304.But notwithstanding all this favour shewn to the Papists, in one year they broke out into open Rebellion in four Counties in England, viz. in Oxfordshire, Devonshire, Nor­folk and Yorkshire. So restless and unquiet are the Popish party, and such implacable Enemies to the Protestants, that if they be in power, nothing but destroying them by Law will serve, and if not, then Plots, Conspiracies, and open Rebellions, are their Methods; Hist. Ref. pt. 2. p. 140. 3 4 E. 6. ca. 5. Rast. Stat. f. 989. 34 E. 6. ca. 10. Images taken away. Keeble's Stat. f. 676. Rast. Stat. f. 994. these four Insurrections, gave just occasion to make that severe Law against unlawful Assemblies, and rising of the Subjects, that if any to the number of twelve, should meet together unlawfully for any matter of State, and being required by any lawful Magistrate, should not disperse themselves, it should be Treason.

The next Act of Parliament that I shall take notice of, and indeed but just touch it, is the 3 d. and 4 th of Edward the 6 th. ca. 10. Whereby divers Romish Books and Ima­ges were abolished and put away, and that without any punishment of the Papists that used them; but only a Penalty on the Officers, and Ministers of Justice, who did not put the said Law in Execution.

Thus things stood till the 6 th of Edward the 6 th, and then an Act was made, for the confirmation of the Liturgy, which takes notice in the Preamble,

5 6 E. 6. ca. 1. Keeh [...]e 's Stat. f. 676. Rast. Stat. f. 1009. The Liturgy confirmed.That a great number of people in divers parts of the Realm, following their own sensuality, and living either without knowledge or due fear of God, did wilfully and danmably, before Almighty God, abstain, and refuse to come to their Parish Churches, and other places, where Common-Prayer, Administration of the Sacraments, and Preaching of the Word of God, was used upon Sundaies and other daies, ordained to be holy daies, and doth thereby Enact, that uniformity of Prayer, and Administration of Sacraments, shall be used in the Church, requires Conformity thereunto, and leaves them who come not to Church, to be punished by the censures of the Church: And Enacts, March. Ref. 93. That all persons that are present at any other Common-Prayer or Sacra­ments, for the first offence shall suffer six months Imprisonment, without Bail or Mainprise, for the second offence a years Imprisonment, and for the third, Imprison­ment during life.

But none to have this inflicted, but they who are legally convicted according to the Laws of the Land, which cannot be esteemed severe, seeing they were occasioned by the Treasons and Rebellions of them upon whom they were inflicted.

HAving shewn how kind and merciful King Edward the 6 th was to the Papists all his Reign, notwithstanding their severe usage of the Protestants in his Prede­cessours Reigns, Queen Mary her accession to the Crown, and how she used the Pro­testants before she had a Par­liament. 35 H. 8. ca. 1. Rast. Stat. f. 835. Hist. Ref. 2. pt. li. 2. p. 235. and their Treasons and Rebellions against himself, and the then Esta­blished Government, I shall now give an Account, what usage the Protestants had in the Reign of his Successour Queen Mary.

Upon the Death of King Edward, the Crown devolved upon Queen Mary, accor­ding to the settlement of it, by 35 H. 8. but she being a Papist, and King Ed. the 6 th, having by his Letters Patents, limited the Crown to the Lady Jane (Daughter of Frances Dutchess of Suffolk) who was a Protestant ▪ the Council Proclaimed the Lady Jane Queen, which Proclamation sets forth, that the late King had settled the Crown as aforesaid, and declared, that it should not descend to his two Sisters, since they were both Illegitimate in the Spiritual Courts, and by Acts of Parliament, and were only his Sisters by the half blood, who (tho' it were granted they had been Legiti­mate) are not Inheritable by the Law of England, it was added, that there was also great cause to fear, that the King's Sisters might marry Strangers, and so change the Laws of the Kingdom, and subject it to the Tyranny of the Bishops of Rome, and other Foreign Laws; for these Reasons they were excluded from the Succession, and the said Lady Jane was Proclaimed Queen as aforesaid, she promising to be most Benign and Gracious to all her people, to maintain God's Holy Word, and the Lavvs of the Land, requiring all the Subjects to obey and acknowledge her. And now all had been well, and the Reformed Religion was in a likely way to flourish, could the Protestants have been all of a mind, and the common sort of People been as well [Page 13] satisfied, as the Council, great part of the Nobility, (and all the Judges but one) were, in what was done.

But oh the Calamities that divisions bring upon a Kingdom! Suffolk and No folk 's mens kindness to Queen Mary. Hist. Reform. part 2. p. 233.237. Baker 's Chro. p. 312. The Earl of Arundel having given Queen Mary notice of the Death of her Brother, and the design of setting up the Lady Jane, she retires to Framlingham Castle in the County of Suffolk, whither many from Norfolk and a great body of Suffolk men, gathered about her, who were notwithstanding all for the Reformation, they (before they would assist her) desired to know of her, whether she would alter the Religion set up in King Edward's days, to whom she gave full assurances, that she would never make any Innovation or Change, but be contented with the Private Exercise of her own Religion; upon this, they were all possest with such a belief of her sincerity, that it made them resolve to hazard their Lives and Estates in her quarrel. The Earls of Bath and Suffolk raised Forces and joyned with her, so did the sons of the Lord Wharton and Mordant, Hist. Ref. 2. pt. lib. 2. p. 237, 238, 239, 240, 242, 245. with many more; the Council raised Forces too, but her numbers encreasing greatly, and she growing very strong, the Council laid down, and submitted, and the 10 th of July 1553, Proclaimed her Queen, the 3 d of August in the same year she entred London, and was setled in the Throne without effusion of Blood.

A wonderful Mercy to her! What returns to God Almighty the Author, and to the Suffolk men the Instruments hereof? Why the first thing was, secret consultations for the overthrowing the Reformed Religion, and introducing the Popish; however, there must be something externally done, that may induce people to believe the con­trary; and therefore August the 12 th, the Queen declares in Council, that altho' her Conscience was stayed in the matters of Religion, yet she was resolved not to compel or strain others, otherwise than as God should put into their hearts a per­swasion of that truth she was in, and this she hoped should be done by the opening his word to them, by Godly, Learned, and Vertuous Preachers.

And well she kept this Declaration, for the next thing that she did, was to inhibit all Preaching, so that they were like to be prevail'd with by Preaching, to be of the Queen's Perswasion.

But let us see how the Norfolk and Suffolk men were requited for their kindness to her, in hazarding their Lives and Estates, (if not their Souls) for her; why, Queen Mary's Requital. they of the Protestants, presuming upon what they had merited, Hist. Ref. 2. pt. lib. 2. p. 246, 247. and the Queen's promise to them, took the Liberty to Preach, notwithstanding the Queen's Inhibi­tions, and she writes to have a strict Execution of her injunctions, against any that should Preach without License; they upon this apply themselves to her, to put her in mind of her promise. This was thought insolent, and she return'd no other answer, A Popish Head of a Protestant Church. but that they being Members thought to rule her who was their Head, but they should learn, the Members ought to obey the Head, and not to think to bear rule over it; and as an instance of it, she ordered one of them, whose name was Dobb, to stand three daies in the Pillory, and afterwards the Suffolk men were the first in her Reign, that tasted of the burning for Heresie. Neither was she any kinder to Judge Hale, (who was the only Judge of the twelve that declared for her) for he, in his charge in the Circuit in Kent, requiring an Execution of the Laws made in King Ed­ward's Days, which were still in force and unrepealed, was first committed to the Marshalsea, afterwards to the Fleet, where being distracted, attempted to have killed himself with a Pen-knife, and, being afterwards upon his submission discharged, never came to his Wits, but drowned himself; from these things it was then said (with a great deal of truth, The Case of the Bishop of Lon­don, Magdalen Colledge, the Judges Hol­loway and Powel, and the Officers in the Army in the Reign of James the 2d. Hist. Ref. part 2. f. 252. 1 Mar. ca. 1. Rast. Stat. f. 1066. Keble 708. This takes away all Treasons made so by Act of Parliament af­ter 25 E. 3. and restrains it to 25 Ed. 3. this done in favour of the Papists, who were made Traitors by several Acts of Par­liament. as appears from very late instances) that no merits or services, can secure any from the cruelties of the Popish Religion.

These things together with Imprisoning divers of the Protestant Bishops, and Mini­sters of Parishes, were done from her entrance in July to October following, in the which Month she was Crowned, and having before summoned a Parliament, the same opened the 10 th day of the same Month of October, (according to Doctor Burnet) but the 5 th of October according to Rastal and Keeble's Statutes.

In the first Session of this Parliament, a Law was made, to repeal and take away certain Treasons, Felonies, and Premunires, introduced with a most specious Pream­ble; which is this,

Forasmuch as the State of every King, Ruler and Governour of any Realm, Domi­nion or Commonalty, standeth and consisteth more assured by the love and favour of the Subjects, towards their Soveraign Ruler and Governor, then in the dread and fear of Laws, made with rigorous pains, and extream punishments, for not obeying their Soveraign Ruler, and Governors, and Laws also, justly made for the preservation of the Common-Weal, without extream punishment, or great Penalty, are more often [Page 14] for the most part obeyed, and kept, then Laws and Statutes, made with great and extream punishment, and in special such Laws and Statutes so made, whereby not only the ignorant and rude unlearned people, but also learned and expect people minding honesty, are often and many times trapped, and snared, yea many times for words only, without fault or dred done, or perpetrated.

The Queens Highness most Excellent Majesty, calling to remembrance, that many as well honourable as Noble Persons, as others of good Reputation within this her Graces Realm of England, have of late (for words only, without other Opinion, Fact, or Deed) suffered shameful death, not accustomed to Nobles, her Highness therefore of her accustomed Clemency and Mercy, minding to avoid and put away the occasion and cause of like chances hereafter to ensue, trusting her loving Subjects will for her Clemency to them shewed, love, serve and obey her Grace the more heartily and faithfully, then for dread or fear of pains of body, is content and pleased, that the severity of such like ex­tream dangerous and painful Laws, shall be abolished, adnulled, and made frustrate and void.

Then Repeals actually all Laws, that made any thing high Treason, but what is so made by the 25 th of Edward the 3 d, except such as had incurr'd any guilt, before the last day of September then last past, or were excepted in her Highness Pardon, and also repeals all Felonies, and Premunires, made so since the 1 st of Henry the 8 th.

O Blessed Preamble! O Blessed Law! full of Mercy, full of Kindness! but to whom? To all her loving Subjects. Who are they? the Protestants? No, by no means; they are Hereticks. To none but those of her own Commu­nion, who must necessarily have been guilty of the Breach of those Laws, and it was therefore necessary to repeal them, that they might become ser­viceable in carrying on Popish Designs: That the Protestants were not intended, it's plain by the Exception, and the severe usage of them afterwards; to make way for which, in the Second Session of that Parliament after she had got her 1 Mar. Sess. 2. ca. 1. Rast. Stat. f. 1067. Title setled by Act of Parliament; the next thing she aimed at, and obtained, was an 2 Mar. ca. 2. Rast. Stat. f. 1068. Keble 709. Queen Mary Recognized in Parliament, and the Laws for the Reformati­on repealed. Act of Repeal of the Laws made in the time of King Edward the sixth, whereby the Reformation was Established; several whereof that were made with Penalties, I have before mentioned, viz. 1 E. 6. ca. 1.1 E. 6. ca. 2.2 and 3 E. 6. ca. 1.3 and 4 E. 6. ca. 10.5 and 6 E. 6. ca. 1. Besides those, there were several Laws necessary for the promoting the Reformation, which were likewise repealed by the said Act, viz. 2 E. 6.21. for taking away all positive Laws made against the Marriage of Priests, 3 E. 6.12. made for the ordering of Ecclesiastical Ministers, 5 E. 6.3. made for the keeping of holy days, and feasting days, and 5 E. 6.12. touching the Marriage of Priests and Legitimation of their Children; and then Establish'd the Mass Book, and all the Popish Service, and so Established iniquity by a Law.

Queen Mary having before inhibited Preaching without License (and to be sure the Protestants must have none) and having Repealed the said Laws, now begins to think of some effectual way, to promulge the Popish Tenets, and in order to this, an Act of Parliament was made, against affronting her Priests of the Romish Church, Intituled however, An Act against offendours of Preachers and other Ministers in the Church, 1 Mary ca. 3. Rast. Stat. f. 1069. Keeble 709. Popish Priests must not be di­sturbed in their preaching. (i. e.) such as were Licensed by her Highness; which to be sure must be Popish; to this effect, that none should by any Overt Act, molest or disquiet any Preachers, because of his Office, or for any Sermon that he might have Preached, (their Preaching being so ridiculous, that it gave cause of suspicion, that some would serve them so) nor should any way disturb them, when they were in any parts of the Divine Offices: Which they had reason to fear, because the People had been used to a more Decent and Christian way of Worship. The penalty was three Months Imprisonment.

Queen Mary's third Parlia­ment desires to reconcile the Kingdom to the See of Rome. Hist. Ref. 2 pt. p. 291, 293.On December the 6 th, the 1 st of Mary, this Parliament was Dissolved, because the House of Commons was displeased with the Match with Spain.

On the 11 th of November, the 1 st and 2 d of Philip and Mary, the third Parliament was summoned, without putting in the Title of Supream Head of the Church, and met, which Parliament so Summoned, petitioned to be Reconciled to the See of Rome, and Cardinal Pool accepts it, and absolves them, and now they are ready cut and dryed for butchering Work.

1 2 Ph. and Mary, ca. 3. Rast. Stat. 1100. Keble 719.The first severe Law we meet with, is an Act against Seditious Words, and Ru­mours, which confirms 13 E. 1.33. and 2 R. 2.5. touching telling of News, as if they were resolved (good people) nothing should be done, but what they had Presi­dent for. But what doth that Law add? Why,

[Page 15] That if any person should be Convicted, or Attainted, for speaking Maliciously of his own Imaginations, any False, Seditious, and Slanderous News, sayings, or tales of the King or Queen, (for she was then married to King Philip, The Pro­testants must not speak a­gainst the King or Queen. Pillo­ry, less of Ears, striking off band, imprison­ment during Life, the pu­nishments in­flicted.) for the first Offence, he was to be set on the Pillory, in some Market Town, near where the words were spoken, and have both his Ears cut off, unless he paid 100 l. to the Queen, within a Month after Judgment given, and should be 3 Months Impriso­ned. If [...] reported any such News from another, then to stand in the Pillory and lose one Ear, unless he paid a hundred Marks within a Month, and should be a Month Imprissoned; and if he should do it by Book, Rhime, Ballad, Letter, or Writing, he was to have his Right hand cut off; and for the second Offence should suffer Imprisonment, during his Life, and forfeit all his Goods and Chat­tels.

Is this a Law made by the kind Queen Mary? Who in the preamble to the first Act of Parliament, made in the first year of her Reign, declared so much a­gainst making Men Offenders for a word, and driving her Subjects to Obedience by severe Punishments, and Penalties? Yes, it is the very same Queen Mary: But now the Penal Laws are repealed, and she appears in her Popish Colours; now Pillory, and cutting off Ears, striking off Hands, and perpetual Imprisonment, with loss of Goods and Chattels, is better than Hereticks deserve, as you will find by subsequent Laws.

But these Penalties are not all that the poor Protestants must expect from Popish Rulers, if we look but a little further, even in the same Year, 1 2 Ph. and Mary ca. 6. Rast. Stat. f. 1103. Keble. 721. The Laws for Burning the Protestants (as Hereticks) re­vived. and the proceed­ings of the same Parliament, we shall find another Law made, to unbind the Pa­pists hands, that H. 8. had in part Tyed up, by 25 H. 8. ca. 14. and Ed. 6. had bound fast up by 2 Ed. 6.12. which two Acts of Parliament had Repealed, 5. R. 2.5. Concerning Arresting of Heretical Preachers, 2 H. 4.15. concerning Repressing of Heresie, and punishing of Hereticks, and 2 H. 5.7. Concerning the enormity of Heresie, and Lollardy, and the suppression thereof; ( by Heresie and Hereticks, and Lollardy and Lollards, is always to be understood, the Professors of the true Religion.) By this Act of Queen Mary the said Act of 25 H. 8. ca. 14. and 2 Ed. 6.12. are repealed, and those three Bloody Laws are reviv'd, what those Laws are, you may see at large in the beginning of this Treatise, only observe this, that least they should not prove in force, in the Statute of Revivor Printed by Rastal all hree Acts of Parliament are inserted Verbatim.

And that the World might not think them short in their return to Rome, or that they were not hearty in it, an Act was made, to Repeal all Laws whatsoever, that had been made against the See of Rome, by which Act is set forth, 1 2 Ph. and Mary ca. 8. Rast Stat. fol. 1107 Keble. f. 703. The Kingdom reconciled to the See of Rome. Hist. Reform. part 2. fol. 294. their former Schism from the See of Rome, and their reconciliation to it, upon which all Acts pas­sed since the 20 th. of H. 8. against that See were enumerated, and repealed; there it is said, That for the removing of all Grudges that might arise, they desired, that the following Articles might, through the Cardinals Intercession, be Established by the Pope's Authority.

1 st. That all Bishopricks, Cathedrals, or Colledges established, might be confirmed for ever.

2 d. That Marriages made within such Degrees, as are not contrary to the Law of God, but only to the Laws of the Church, might be confirmed, and the Issues by them declared Legitimate.

3 d. That all Institutions into Benefices, might be confirm'd.

4 th. That all judicial Process might be confirmed. And at last, a Proviso, that all the Settlements of the Lands of any Bishopricks, Monasteries, or other Religious Houses, might continue as they were, without any trouble by the Ecclesiastical Cen­sures, and Laws. So hard a matter is it to dispossess men of Temporal advantages, when once they are possest of them; that altho' this Parliament would be recon­ciled to the See of Rome, as to Religious Rites, and persecuting the Protestants, yet they could not be brought to part with the Church Lands.

By this Parliament another worse Law was made, whereby it was Enact­ed, that if any Person should pray, or desire that God would shorten the Queens Days, or take her out of the Way, or any such Malicious Prayer, 1 2 Ph. and Mary ca. 9. Rast. Stat. f. 1115. Keble. 731. Treason to pray against the Queen. amounting to the same Effect, He, his Procurators, and Abettors, should be Traytors. I don't find in History, that the Protestants in any of their Prayers, or otherwise, used any such kind of Expressions against Queen Mary, and therefore can assign no reason why she should make this Law, unless she was Conscious to her self, that what Severi­ties she had already acted, what she had made preparation for, and was further designing, might force such Prayers and Expressions from the poor Oppressed, and [Page 16] Persecuted Protestants, that what the Wise Man said, might be verified; Oppres­sion makes a Wise Man mad; and truly nothing but a Mad Man can be supposed to utter such Expressions, much less make such Prayers.

I find no more Laws made in her time relating to Religion, and indeed one would think that the Repeal of the Laws that were made for the Establishing the Refor­mation, and the reviving all the Bloody Laws that were made against the Prote­stants, together with the additional ones above mentioned, had been sufficient to have gratified the most Barbarous, Blood-thirsty, and Cruel Tyrant: But, (O Popery) when wilt thou be satisfied with Cruelties? Will not the Blood of Ro­gers, Hist. Ref. part 2. f. 305. King Philip's dislike of Popish Guilty. Hooper, Sanders, and Taylor, spilt by virtue of these Laws satisfie thee? King Philip it did so far, as that upon the dislike the Nation shewed of spilling the Blood of those four Ministers, he cleared himself of having any hand in it; and Alphonsus a Franciscan Fryer, that was his Confessor, in a Sermon before him, the 10 th. of February 1655. preached largely against the taking away peoples Lives for Religion, (which I shall hereafter evince can't be justly laid to the Charge of the Protestants) and in plain Terms, inveighed against the Bishops for doing of it; he said they had not learnt it in Scripture; which taught Bishops the Spirit of Meekness, to instruct those that opposed them, and not to burn them for their Consciences. This startled the Bishops, since it was now plain, that the Spaniards disowned these extream Courses, and hereupon there was a stop for several Weeks put to any further severities: But the Popish Clergy, being once engaged in Blood, have been always observed, to become the most Brutally cruel of any sort of men, so that it was not easie to restrain them, and therefore they Resolved rather than the Hereticks, ( i. e. Protestants,) should not be persecuted, to take the Blame avow­edly on themselves.

Queen Mary ▪ encourageth the Popish Priests Cruelty to the Protestants. Hist. Ref. p. 2. f. 242.And no wonder, when they were countenanced and encouraged in it by the Queen her self, as is plain from this very instance, that in August after she came to the Crown, there being a Conference about bringing Popery in again, in what time, by what means, and to what height; on the one hand Gardiner and all his Party, were for bring­ing Religion back to what it had been at King Henry's death, and afterwards by slow Degrees, to raise it up to what it had been before his Breach with the Pa­pacy: But on the other hand, the Queen of her own Inclination, was much dis­posed (as another of the same Perswasion lately was, no doubt) to return imme­diately to the Union of the Catholick Church, as she called it; and to evidence it, after a Petition sent to her, Hist. Ref. pt. 2. fol. 305, 306, 307. from some beyond Sea, (who were out of her Power) against Persecuting the Members of Christ, instead of hearkening to it, she was the more enraged by it, and the Popish Clergy were set on work to write Argu­ments, to justifie the persecuting of Hereticks. Which they accordingly did. This being the Temper of this Queen, no wonder they proceeded soon after to burn Thomas Tomkins, William Hunter, Causton, and Highed, William Pigot, Stephen Knight, all Lay men, and John Lawrence a Priest.

The Clergies way of proceed­ing against the Protestants.In all the Popish Bishops proceedings against the Protestants they brought no Witnesses against them, but did only exhibit Articles against them, according to the way of those Courts, (and our late High Commission Court) called ex Officio, and required them to make answer, and upon their Answers, which were Judged Hereticks, they were Con­demned, so that all this was singly for their Consciences, without the pretence of any other matter.

The next that suffered in this way, was Ferrar Bishop of St. Davids, and after him one Rawlins White a Fisher-man, and George March a Priest; the next were, Cardmaker a Prebendary at Bath, John Warne an Upholsterer; the next to him was one that was burnt as it were in Effigie; the story is so remarkable, I cannot let it pass. A Felon procee­ded against for Heresie, after he was hang'd. One Tooly, being Executed for a Robbery, did at his death say some­thing that savoured of Heresie, upon which the Council writ to Bonner (which must be at the Queens Instigation) to inquire into it, and to proceed according to the Ecclesiastical Laws, he thereupon formed a Process, and cited the dead Bo­dy, to answer the Points objected to him; but he to be sure, neither appearing, nor answering, was condemned and burnt.

The next that followed, were Thomas Hawk, John Simson, and John Ardly, John Wats, Nicholas, Chamberlaine, Thomas Ormond, and William Bainford, all Lay­men.

Then followed Bradford, Ridley, and Latimer, Philpot, Cranmer, and abundance more, which you may read of, and the full Account of their Martyrdom, in Fox's Acts and Monuments, the third Part, and more briefly in Dr. Burnet's History [Page 17] of the Reformation from f. 305. to 340. But notwithstanding all these Instru­ments of Cruelty they had framed, they could not be satisfied unless they rai­sed it to the very height of all Barbarity, that the Church of Rome did ever pretend to; and that was the setting up the Inquisition here in England; A Commission extraordinary, for proceeding against the Pro­testants. Hist. Ref. pt. 2. fol. 247. and in February 1557. they had made a good step towards it, for a Commission was given to divers Popish Lords, Spiritual and Temporal, and others, which men­tions, that since many false Rumors were published amongst the Subjects, and many Heretical (i. e. Protestant) Opinions, were also spread among them, there­fore they or any three of them, were to enquire into those, either by Present­ments, by Witnesses, or any other Politick Way they could Devise, and to search after all Heresies, the Bringers in, the Sellers, or Readers of all Heretical Books, they were to Examin and Punish all Misbehaviours, or negligences in any Church, or Chappel, and to try all Priests, that did not preach of the Sacra­ment of the Altar, all Persons that did not hear Mass, or come to their Pa­rish Church to Service; that would not go in Procession, or did not take Holy Bread, or Holy Water. And if they found any that did obstinately persist in such Heresies, they were to put them into the hands of their Ordinaries, to be proceeded against according to the Laws, giving them full power to proceed, as their Discretions and Consciences should direct them, and to use all such means as they could invent, for the searching of the premises, empowring them also, to call before them such Witnesses, as they pleased, and to Force them to make Oath of such things, as might discover what they sought after. This Commis­sion, at large, you may find in the Collection of the Records, annexed to Dr. Burnet's History of the Reformation, second part, Lib. 2. Num. 33. It shews how high they intended to raise the Persecution, when a Power of such a Nature, was put into the hands of any three of a number so selected. Besides this, there were many subordinate Commissions issued out, and after this a Commission was given to the Archbishop, the Bishop suffragan of Hull, and divers others, to the same effect, but with this limitation, that if any thing appeared to them, so intricate that they could not determine it, they were to refer it to the Bonner. Bishop of London and his Collegues; who had a much larger Commission (and great reason he should, because they were sure he would spare none that came before him.) And now all was done that could be devised, for extirpating of Heresie, except Courts of Inquisition had been set up, which doubtless had been done, Queen Mary's Death. Fox. had that Blood-sucking Queen lived a little longer. But it pleased God to take her away, after she had burnt 72 the first year of her Persecution, 94 the second, 79 the third, and 39 the last, in all 284, according to Fox. But Dr. Burnet gives this further Account, Hist. Ref. pt. 2. fol. 364. that he that writ the Preface to Bishop Ridley's Book, de Carne Domini, who is supposed to be Grin­dal, afterwards Arch-bishop of Canterbury, says, that in the two first years of this Queens Persecution, there were above 800 put to most cruel kinds of Death for Religion. By which it seems, Fox hath come far short in his account.

I cannot omit the Account that Dr. Burnet gives, of the Method, The Methods of the Persecution of Protestants in this Reign. of the Perse­cutions of this Reign. Saith he, At first the Bishops dealt earnestly with those that were brought before them, to recant; and were ready at any time to receive them: The Queens Pardon was also sent to them as they were ready to be tyed to the Stake, if they would then turn. But now it was far otherwise. For in the Council Books there is an Entry made of a Letter, written the 1st. of August 1558, to Sir Richard Pexhall, Sheriff of Hampshire, signifying, That the Queen thought it very strange, that he had delayed the Execution of one Bembridge, Condemned of Heresie, because he had re­canted; Requiring him to Execute it out of hand, and if he still continued in the Catho­lick Faith, which he outwardly pretended, he was then to suffer such Divines as the Bi­shop of Winchester should appoint, to have access to him for confirming him in the Faith, and to [...] on him at his Death, that he might dye God's Servant. And as soon as the Sheriff had thus burnt him, he was to come to the Council, and answer for his Pre­sumption in deferring it so long. The matter of Fact was thus: Bembridge being had to the Stake, and the Fire taking hold of him, he through the violence of it yielded, and cryed out, I recant; upon which, the Sheriff made the Fire to be put out, and Bembridge signed such a Recantation, as Dr. Seton, who was near him, writ for him: But for all that, upon this Order of Council, he was burnt; and the Sheriff was put in the Fleet. So that now it appeared, that it was not so much the Conver­sion of those they called Hereticks, as their Destruction, that the Bishops desired: and I think, the Instance of Burning Arch Bishop Cranmer, after he had recanted, Hist. Ref. pt. 2. fol. 333. upon the Promise of a Pardon, is as pregnant an instance, as this; which you may see related by Dr. Burnet Hist. Ref. part 2. fol. 333.

[Page 18]And sure it will be no wonder, that there was such a severe Persecution during this Reign: Hist. Ref. 2 pt. [...].370, 371. If it be considered, that the Bishops, besides the other Cannons binding them to proceed against them they called Hereticks; were by the words of the Oath of Obedience, which they sware to the Pope at their Consecration, engaged to op­pose and persecute the Hereticks with all their might; so that their giving severe Counsels, and the Queens following them, flowed mainly from the Principles of their Religion; (and can any thinking man imagine they are altered since?) in which the sowerness of the Queen's Temper, made it the more easie to perswade her to a compliance to those courses to which her own inclinations led her, without any such motives.

And now they that can expect any better usage from the Bishops, and Prelates of the Church of Rome, under a Prince of that perswasion, must, I think, have for­feited their Reason, and are fitter to converse with Wolves and Tygers, than men, much less the most refined of them, those who are sincerely of the Reformed Re­ligion, commonly called Protestants.

My design in being thus long in setting forth the cruel Penal Laws that were made or revived, and put in Execution in this Reign, was, that the Reader might com­pare the Penal Laws in Edward the 6 th's time, with the Penal Laws in Queen Mary's, and then judge, whether his are not merciful, compared with these, especially re­specting the Execution, there being not one put to Death for Religion in all King Ed­ward the 6 th's Reign, that so the Moderation of the one may be admir'd, and the Cruelty of the other abhor'd: And not as any Reason, why the Penal Laws against the Papists, in Queen Elizabeth's Time, were made upon such severe Penalties, for I shall shew that they were made upon quite different reasons, than in revenge (as the Papists maliciously suggest) for the severe usage of the Protestants in this Reign.

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▪ r [...]e [...]ete calling of a Par­liament. D'Ewes Jour­nal of Q. Eliz. Reign, f. 1. Cambd. An­ce [...]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.

[Page 19]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 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: 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, 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. 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: 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 'tis 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.

[Page 20]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 E [...]iz. ca. 2 Rast. Stat. p. 2 f 5. An Act of Ʋni­formity 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 [...]ean trying the Bishops for being guilty of a Misdemeanor, i [...] 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 an­n [...]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 'tis 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 Off [...]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 Fa [...]ters of the said usurped Power, at that time grown to marvellous outrage, and Licentious Boldness, and therefore it was [Page 21] 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 many and Great matters in secret talk amongst Companies, of suppres­sing in like manner the Protestants in England. And every one that is acquainted with the History of those times, knows, that at the same time that these things were bruited about, the Papists here, the Guises in France, and the Queen of Scots (that restless and unwearied Enemy of the Protestant Religion) were plotting and Con­triving against the Queen, and that those Plots and Contrivances of the Queen of Scots, were never at an end, till the Axe put a period to her Life and them together.

And how forward the Priests of the Romish Church, especially of the Order of Jesuits, are, to assert the Pope's jurisdiction, and bring in and Execute his Bulls here in England, is well known amongst Protestants. And that this is laid by the secu­lar Priests themselves to the Charge of the Jesuits, I shall hereafter make appear. So that certainly it must be owned, that there was very good reason to make this Law; and as for the Penalties, they were annexed in terrorem, rather, than with any design to be inflicted to the ruine of them, against whom the Laws were made, as plainly appears from the History of the first 12 years of this Queens Reign, during which time, the Persons of the Papists, The Queens mild usage of the Pa­pists. (notwithstanding these Laws) remained in the Kingdom quiet, and undisturbed, till they themselves gave just occasion, for putting these, and the Antient Laws of the Kingdom in Execution against them, and making further provision by the adding new Laws, with more severe Penalties, or rather inforcing the Execution of the old ones. Foulis Hist. of Romish Trea­sons. li. 7. cap. 2. fol. 325. The secular Priests in their important consi­derations, con­fess not above 12 in 10 years, and of those 12, some were attainted of Treason. Col­lections f. 41. Lord Treasurer Burleigh hasserts the same f. 28. Abr. Bzov. de Rom. Pontif. c. 46. p. 621. We don't read in our English Histories of twelve Papists that suffered Death in the 10 first Years of the Reign of Q. Elizabeth, nor of any that at any time were executed purely for exercising their Religion: But those of them that have been executed, have dyed for Treason, and Rebellion; and Mr. Fowlis tells us, that it is confest by Bzovius; their Papal Champion, that there was not any that suffered in Queen Elizabeths time, but did teach the dangerous doctrine that the Pope could depose Kings. That the Papists, both Clergy, and Laity, were used by the Queen, in the Beginning of her Reign, with all the kindness and even tenderness imaginable, must be believed; if one of the greatest Statesmen of his Age, and one of the Wi­sest Persons this Nation ever bred, viz. The Lord Treasurer Burleigh, who writ in this Queens Reign, can challenge any Credit; he saith thus, Execution for Treason, not for Religion p. 6.7. ‘And though there are many Subjects known in the Realm, that differ in some Opinions of Reli­gion from the Church of England, and that do also not forbear to profess the same; yet in that they do also profess Loyalty and Obedience to her Majesty, and offer readily in her Majesties Defence, to impugn and resist any foreign force, tho' it should come or be procured from the Pope himself, none of these sort are for their contrary Opinions in Religion prosecuted, or charged with any Crimes; or Pains of Treason, nor yet willingly searched in their Consciences for their con­trary Opinions, that savour not of Treason.’ ( They were not Closetted.)

Dr. Burnet in his Hist. of the Ref. gives much the same Account of the usage of these Men. pt. 2d. lib. 3. f. 396. Cambd. doth so likewise, fol. 28, 29. his An­nals. ‘And he instances in several, Dr. Heath, Arch- Bishop of York, and Lord Chancel­lor of England in Queen Mary's time, who (saith he) at the first coming of her Ma­jesty to the Crown, shewing himself a faithful and quiet Subject, was continued in both the said Offices, tho' in Religion then manifestly differing, and yet was he not restrained of his Liberty; nor deprived of his proper Lands and Goods, but leaving willingly both his Offices, lived in his own House, and enjoyed all his pur­chased Lands, during all his natural Life, until by very Age he departed this World, and then left his House and Living to his Friends. An Example of gentle­ness, never matched in Queen Mary's days. The Like did Dr. Pool, who had been. Bishop of Peterborough, Dr. Tonstall Bishop of Duresme, these of quiet behavior. There were others he tells us, Dr. White, and Dr. Oglethorp, the one Bishop of Win­chester, the other of Carlisle, and Dr. Thurlby, and Dr. Watson, one Bishop of Ely, the other of Lincoln, not pressed with any Capital Pain, though they maintain'd the Pope's Authority against the Laws of the Realm. Mr. Fecknam, an Abbot, is also Instanced in.—Some Deans, as Dr. Boxall, Dean of Windsor, a Person of great Modesty, and Knowledge; Dr. Cole, Dean of Pauls, a Person more earnest, than Wise, Dr. Reynolds, Dean of Exeter, and many such others, having born [Page 22] Office and Dignities in the Church, and had made profession against the Pope, which they began in Queen Mary's time to change, yet were they never to this day burd­ned with Capital pains, nor yet deprived of any of their Goods or proper Lively­hoods, but only remov'd from their Ecclesiastical Offices, which they would not Ex­ercise according to the Laws. And most of them for a great while were retained in Bishops houses (not in Cole-holes and Dungeons, as Bonner entertained the Protestants in the Marian daies,) in very civil and curteous manner, without charge to them­selves or their Friends, until the time that the Pope began by his Bulls and Messages to offer trouble to the Realm, by stirring of Rebellion; about which time, only some of those aforenamed, being found busier in Matters of State, tending to stir troubles, than was meet, for the common quiet of the Realm, were removed to other more private places, not into Smithfield to be burnt, after a pretended Conviction of Heresie, in an Arbitrary and Illegal manner.’

Cambd. An­nals, f. 28.In all England, where there are 9400 Ecclesiastical Promotions, there were turned out of their Livings, Dignities, and Bishopricks, not above 800 Parsons of Churches, 50 Prebendaries, 15 Presidents of Colledges, 12 Arch­deacons, as many Deans, 6 Abbots and Abbesses, 14 Bishops.

Baker 's Chron. f. 395.Until the twentieth year of Queen Elizabeth's Reign, the Papists in England were mercifully connived at; while they solemnized their own Rites, within their pri­vate houses, tho' that also were against the Laws.

The Priests con­fess the Queen's mild usage of Papists. Lord Burleighs Execution for Treason. The Secular Priests impor­tant considerati­ons, and the Je­suits reasons un­reasonable. f. 34.The Secular Priests themselves, Watson and Bluet, confess in their important Consi­derations, (wherein they make the Jesuits Plottings and Treasons to be the occasion of making and Executing the Penal Laws) ‘That for the first ten years of Queen Elizabeth's Reign; the State of Catholicks (i. e. Papists) was tollerable, and after a sort in some good quietness; such as for their Consciences, were impri­soned in the beginning of her coming to the Crown, were very kindly and mercifully used, the state of things then considered▪ some of them were appoin­ted to remain with such their Friends, as they themselves made choice of. Others were placed, some with Bishops, some with Deans, and had their Dyet at their Ta­bles, with such convenient Lodgings and Walks for their Recreations, as did well content them. They that were in the ordinary Prisons, had such Liberty and other Commodity, as the places would afford, not inconvenient for men in their Cases. But that our Brethren of the more fiery and Jesuitical Humour may not snuff here­at; we have thought it meet to cool their heat, with some of Master Parsons, and his Fellow Mr. Creswel's more gentle delaies (then are usual with them:) who in one of their Books do confess as much in effect, as here we have set down, if not more, thus those great Emperor-like Jesuits, do speak to her Majesty. In the begin­ning of thy Kingdom, thou didst deal something more gently with Catholicks: None were then urged by thee, or pressed either to thy Sect, or to the denyal of their Faith, all things (indeed) did seem to proceed in a far milder course: no great complaints were heard of: there were seen no extraordinary contentions or repugnancies; some there were, that to please and gratifie you, went to your Churches, but when afterwards thou didst begin to wrong them, &c.’

And thus, not only our own Historians, do acquit Queen Elizabeth of all imputa­tions of Rigour, or cruelty towards the Papists, for the beginning of her Reign, but even the Secular Priests, not only do it themselves, but have Printed and published it to all the world, that the Jesuits themselves, Parsons and Creswel, could not but acknowledge it too.

‘And when was it that she began to be severe? The Seculars give this answer to it, surely whensoever it was, we our selves (certain Catholicks of all sorts) were the true causes of it: For whilst her Majesty and the State, dealt with the Catho­licks as you have heard, Ibid. f. 35. She was presently deprived by the Pope and the Queen of Scots pretended a title to the Crown. which was full eleven years, no one Catholick being called in question of his life, for his Conscience all that time:’ Consider with us how our profession proceeded with them. Hist. Council of Trent, f. 410, 411. The grounds of making 13 Eliz. ca. 2. Her Highness had scarcely felt the Crown warm upon her head, but it was challenged from her by some of her Neighbours, as Master Saunders noteth. Thus they themselves confess, but because I am past five years of Queen Elizabeth's Reign, and am to give the true Reasons of making the rest of the Penal Laws in Queen Elizabeth's time, I shall proceed to assign the Reasons of making 13 Eliz. ca. 2.

Queen Elizabeth having triumphantly Reigned above 10 years in the Nation, to the great Joy and comfort of her Subjects, the Romish party, as they had been all along carrying on private Designs, to disturb her Reign, so in the eleventh year of her Reign Anno Domini 1568, they more openly appear'd, and Thomas Harding, [Page 23] Nichloas Saunders, and T. P. Divines, busily exercised their Episcopal Power, receiv'd from the Bishop of Rome, of absolving in the Court of Conscience, Cambd. An­nals, lib. 1. f. 107. In 1568, the Priests exercise Ecclesiastical Jurisdiction un­der the See of Rome. Rodolph ex­cites the Queen's Subjects against her. Cambd. An­nals. f. 118. Foulis Hist. lib. 7. ca. 3. p. 330. Udal's Hist. of Mary Queen of Scotland, p. 119, 169. In 1569. The first Rebellion under the Earl of Westmer­land, fomente [...] by Morton the Priest. Cambd. An­nals, f. 133, 134, 135, 136. Collection, f. 9. all English men which returned to the Bosom of the Church, and of dispensing also in cases of irregu­larity, excepting causes arising of wilful Murder, or brought into a contentious or judicial Court, and also of absolving from Irregularity in respect of Heresie, so as the persons to be absolved, do abstain from the Service of the Altar, by the space of three years.

After this, in the same year, Robert Rodolph, a Florentine, who had lived long time as a Factor in London, was imployed by Pius Quintus Bishop of Rome, (for he durst not send his Nuntio openly) to excite the Papists in England, secretly against Queen Elizabeth, which he most carefully and closely performed. And this same Pope writ a Letter to the Earls of Northumberland and Westmerland, which had such success, that the latter end of 1569, a Rebellion of the Papists broke out in the North, fomented and carryed on by one Nicholas Morton, a Priest, who was sent from the Bishop of Rome, to pronounce Queen Elizabeth to be an Heretick, and there­by to have forfeited all Dominion and Power. The Ring-Leaders of the Rebels, being the Earls of Northumberland, Westmerland, and Sussex. The Rebels went first to Durham an Episcopal See, where they rent and trampled under feet, the English Bibles, and Books of Common Prayer, which they found in Churches, and Cele­brated Mass in all places where they came, their number was six hundred Horse, and four thousand Foot. But this Rebellion was quickly suppressed, threescore and six petty Constables hanged for a terror at Durham; amongst whom the men of most note, was one Plomtree a Priest, Simon Digby, John Fulthorp, Thomas Bishop, and Robert Peneman at York; and at London some few months after, Christopher and Thomas Nor­ton, and some few elsewhere.

Afterwards such of the Rebels as were of best note, were convict of high Treason, and proscribed, viz. Charles Earl of Westmerland, Thomas Earl of Northum­berland, Anne Countess of Northumberland, Daughter to Henry Earl of Worcester, Ed­ward Dacres of Morton, John Nevel of Leversedge, John Swinborne, Thomas Markenfield, Egremond Ratcliff, the Earl of Sussex his Brother, Christopher Nevil, Richard Norton, of Norton Conyers, Christopher Marmaduke, and Thomas of the Family of the Nortons, Robert and Michael Tempest, George Stafford, and about forty more of Noble Birth. These mens Convictions and Proscriptions, was confirmed in the next Parliament. The rest, which had no Estates, nor had fled the Land, (as the Earl of Westmerland and several others did) were pardoned; not taken and hanged like Dogs in Cold-Blood, without Tryal, as many hundreds were in the West in 1685.

The Letter writ by Pope Pius V. to the Earls of Northumberland and Westmerland, was this, viz.

A Letter of Pope Pius V. to the Earls of Northumberland and Westmer­land, for encouraging them in the Rebellion against Queen Elizabeth, they were then engaged in: Being the tenth Letter of the fourth Book of the Epistles of the said Pope Pius, published at Antwerp, ex officina Plantiniana, by Francis Gouban, in the year 1640, and now from that Edition Translated into English. Hish. Acount of the Jesuits Behaviour for the first 25 years of Queen Eliz. f. 35.

This Letter refers to lib. 3. cap. 9. of the Life of Pius Quintus, by Gabutius. See also Caten. p. 115.

The Character the Lord Treasurer Burleigh gives this Charles Earl of Westmer­land, is, ‘That he was a person utterly wasted by Looseness of Life, Execution for Treason, Col­lection. p. 2. and by God's punishment, even in the time of his Rebellion, bereaved of his Children, that should have succeeded him in the Earldom, he saith, his Body was eaten with Ulcers of Lewd Causes, that no Enemy he had could wish him a Vi­ler Punishment.’ This was one of Pope Pius Quintus his Sons.

No sooner was this Rebellion thus happily supprest, and so much mercy shewn, The second Re­bellion was in the same year, and be [...]ded by Leonard Dacres. Cambd An­nals, fol. 136, 137. but another breaks out at Naworth in Cumberland, headed by Leonard Dacres, second Son to William Lord Dacres, of Gillesland, in order to deliver the Queen of Scots, who was then in Custody; but the Lord Hunsdon, with the Old Garrison Soldiers of Berwick, ingaging him at the little River Gelt, after very many of the said Leo­nard Dacre's Men were slain, he left the Victory to the Lord Hunsdon, and with­drew himself to the next part of Scotland, from whence, shortly after, he Crossed the Seas into the Low Countries, and dyed a poor Man at Lovain. The Queen by publick Proclamation, pardoned the Multitude whom he had excited to Rebellion. The third Re­bellion was in Ireland in the same Year; bea­ded by the Bote­lers. Cambd. An­nals. f. 137. The Reason of these Rebellions was Pope Pius Quintus his Bull. Camb. Annals, fol. 145. Baker's Chro. fol. 34. Foulis li. 7. ca. 2. fol. 325. Collection, f. 3. Pope Pius Quin­tus his Bull. Cambd. An­nals, fol. 146. Fowlis. 331.

And as the Papists gave Queen Elizabeth these disturbances here in England; so they were not wanting in Embroiling of Ireland: So ungrateful were they for all the favour and kindness, that she had from time to time shewn them. Edmond and Peter Boteler, the Earl of Ormond's Brethren, engaged themselves with the Bishop of Rome, and the Spaniard, for maintaining the Popish Religion, and outing Queen Elizabeth of her Kingdom of Ireland. But their Brother the Earl of Ormond quench­ed this Flame, by perswading his Brethren to submit themselves, who by that means saved their Lives.

And no wonder it is, that the Papists thus Rebel against Queen Elizabeth; when Pius Quintus, Bishop of Rome, who had from the time he came to the See, been con­tinually plotting against her, had the year before by his Bull declaratory, with­out any previous admonition, or Citation, excommunicated her, and did afterwards cause the same to be openly published, and set up upon the Gates of the Bishop of Londons Palace, in these words.

One Felton hung up this Bill upon the Bishop of London's Palace Gates, Cambd. An­nals, f. 148. Fowlis Hist. lib 2. ca. 3. f. 327. Collections, f. 24 Felton hanged as a Traytor for publishing the Bull. and scorn­ing to seek an escape, boldly vindicates the Pope, and himself, in what was done, defying the Queen and her Authority, for which he was Arraigned, Condemned, and Hanged, near the same place in St. Paul's Church-yard.

Now for any thus to contemn, and villifie his Soveraign, nul her Authority, re­nounce his Allegiance, and so far to submit himself to a Foreign Jurisdiction, even in Temporalities, as to declare his own Soveraign deprived and deposed from her King­dom, what punishment this man incurr'd, let the Reader Judge, provided he will also consider, That had a Protestant thus renounc'd his Obedience in Queen Mary's daies, the party must have dyed for it; and those who commend Felton, would have called the other Traytors; and yet Felton did it to procure a National Rebellion.

Besides this, in the beginning of the 13 th year of the Reign of Queen Elizabeth, The 4 th Rebelli­on was in Ire­land, begun in the beginning of 13 Eliz. by Co­nogher O Bri­en, Earl of Twomond. Cambd. An­nals, f. 153. in Ireland, Conogher O Brien Earl of Twomond, closely contrived a Rebellion, which, just as it was ready to break forth, was by meer chance blown over; and Thomas Steukley an Englishman, a Ruffian, a notorious Spendthrift, and a notable vaporer, (who having consumed his Estate, fled over into Ireland) after he had first vomited forth most un­deserved disgraces against his Princess, to whom he was extraordinarily bounden, soon after slipt out of Ireland into Italy, to Pius V. Bishop of Rome, where incredible it is, into how great grace and favour he wrought himself, by his Flatteries with that old man, who breathed after the destruction of Queen Elizabeth.

This Steukley (saith the Lord Treasurer Burleigh) was a defamed person almost thro' all Christendom, and a faithless Beast, rather than a Man, Collections, f. 2, 3 fleeing first out of England for notable Piracies, and out of Ireland for Treacheries not pardonable, and that he and the said Charles Nevil Earl of Westmerland, were the Ring-Leaders of the rest of the Rebels; the one for England, the other for Ireland: But notwithstanding the no­torious evil and wicked Lives of these and others their confederates, void of all Chri­stian Religion, it liked the Bishop of Rome, as in favour of their Treasons, to ani­mate them to take Arms against their lawful Queen, to invade her Realm with Fo­reign Forces, to pursue all her good Subjects and their Native Country, with Fire and Sword, for maintenance whereof, the Bull aforesaid had proceeded.

And the Pope, the Guises, the King of Spain, Contrivances by the Pope, the King of Spain, the Guises, and the Queen of Scots, against Queen Elizabeth and the Prote­stant Religion. Fowlis, p. 330, 331. Cambd. An­nals, lib. 2. f. 154. and the rest of the confederates against the Queen and the Protestant Religion, the better to carry on their designs, did soon after Queen Elizabeth came to the Crown, set up a Title thereto in the Queen of Scots, as aforesaid, which was one principal cause that there were so many Plots and Con­spiracies during her Reign, tho' none gave her any great trouble, till about the 10 th or 11 th year of her Reign.

It appears by Letters from the Pope to the Queen of Scots, written in the year 1571. 13 Eliz. that there was a design on Foot to introduce Popery and to subvert the Protestant Religion here in England, which Letter was delivered by Ridolpho the Flo­rentine, before mentioned, his means to the Queen of Scots: And Ridolpho by his own particular Letters to the Queen of Scots, desired her to acquaint the Duke of Norfolk and her Friends with the Design, but there being at that time a Treaty begun, in order to her being restored to her Kingdom of Scotland, whereof she was at that time dispos­sest, she defer'd answering the Letter; but the Treaty afterwards coming to nothing, she privately sent a large commentary or draught of her Counsels and Affairs to the Duke of Norfolk before mentioned, written in Cyphers, known only to them two; as also other Letters to be conveyed by Ridolpho to the Pope and the Spaniard; Camd. Hist. lib. 2. fol. 157. Baker's Chron. f. 344. Ridolpho greatly pressed the Duke to enter into the Confederacy, and as an encouragement, affirmed, That the Pope, so that the Catholick (i. e. the Popish) Religion might be promoted, would bear the charge of the whole War, and that he had to that purpose laid down Some Writers say 150000. Crowns. an hundred thousand Crowns the last year, when the Bull was Published, whereof twelve thousand, he the said Ridolpho had distributed amongst the English Fugitives. He promised that the Spaniard would supply him with 4000 Horse, and 6000 Foot, which might be sent over to Harwich (near whereunto the Duke had many Potent Adherents) [Page 28] and that most commodiously, and without suspicion, in the beginning of Summer, when the Duke of Medina Caeli was to come with a strong Fleet into the Netherlands. And concluded, that such Caution might be used, that the Duke might be cleared from all Suspition of affecting the Crown, and the Queen of England safely might be provided for, so as she would Embrace or tollerate the Romish Religion, and give her assent to the Queen of Scots Marriage with the Duke Which Conspiracy the Duke at that time refused to enter into, Cambd. An­nals, p. 158. Baker Chron. fol. 844. Camb. Annals. li. 2. fol. 162. notwithstanding Ridolphus plausible reasoning, as he did also a Proposition made to him from Ross, by Barker, of surprising the Queen at unawares, and interrupting the Parliament, which was then sitting.

The Commentary of the Queen of Scots before mentioned, being afterwards disco­vered, there the Design appearing, I have inserted what Cambden saith she therein discoursed, viz. ‘That the French approved of the Conference begun with the Scots, and yet propounded the Marriage of the Duke of Anjou with Queen Elizabeth, and that to no other end, but that they might have the better pretence to deny the aid promised for her Restitution. That the same French privately opposed her Marriage with Don John of Austria, and highly favoured that with Norfolk, in hatred to the Spaniards. That the Duke of Alva did so far condemn the Design, for sending back the Queen of Scots into Scotland, that he thought it to be atten­ded with the utter undoing of the Queen, and the overthrow of the Catholick Re­ligion in Britain; for the Queen being returned into Scotland, must of necessity ei­ther undergo the danger of being besieged, or else hazard a Battel with the Re­bels, who with the help of the English, would soon get her into their power, before any foreign Forces could come to her assistance. Seeing then she could not be safe in Scotland, and from France there was swall hope, that being embroiled with Wars within it self, he thought it her best Course to fly to the Spaniards help, who had proffered her Marriage with Don John of Austria (which, notwith­standing she would refuse, having given her Faith that the Popish Religion in Brit­tain, should be restored by Norfolk:) as also that her Son should be forthwith con­veyed out of Scotland, and sent into Spain; for so he would be kept in safety, and instructed in the Romish Religion, from his very Childhood, and withal all pre­tences would be taken from the Scots, who Cloaked their Rebellion under his Name. That to solicit these matters, and to procure foreign assistance, Ridolph was to be sent away presently, who was to have private directions, in any Case to conceal these things from the French.’

When the Council had received this Commentary, and the Letters before mentio­ned, Camb. Annals, p. 163 Baker's Chron. fol. 344. Camb. p. 166. Fewlis Hist. li. 7. ca. 3. p. 326. 13 Eliz. ca. 1. as likewise other Letters sent from the Bishop of Rome, and one Barker being apprehended, had made a full Confession, the Duke of Norfolk was committed to the Tower, together with Bannister, the Dukes Counsellor at Law, the Earls of A­rundel, and South-hampton, the Lord Lumley, the Lord Cobham, and Thomas his Bro­ther; Henry Piercy, Lowder, Powel, Goodyear, and others, who every one of them, even the Duke himself confessed the matter. The Iniquity of these times, and the Love of the Estates of England, (which were then assembled at Westminster) towards their Prince and Country, occasioned the making an Act of Parliament, whereby certain Offences were made Treason.

Rast. Stat. pt. 2. fol. 136. To bold that the Laws and Sta­tutes cannot li­ [...] the Crown, and bind the Succession, Trea­son during the [...]ucc [...]s Life, and a Premu­nire ever after.The Preamble of this Act, takes notice, that it was thought the Laws and Statutes of this Realm then in force, were not sufficient for the preservation of the Queens person, which ought to be provided for, and by the Neglecting whereof, the Government might be subverted. And therefore it was Enacted, and provided, according to the Tenor of former Laws, that if any should attempt the Destructeon, or personal Hurt of the Queen, or raise War, or excite others to War against Her; if any Man should affirm that she is not, nor ought of right to be deemed Queen of this Realm, but that the Kingdom is more justly due to another, or should pronounce her to be an Heretick, Schismatick, or Infidel, or should usurp the Right and Title of the Kingdom, during her Life, or af­firm, that any other hath right to the Crown, or that the Laws and Statutes cannot limit, and determine the Right of the Crown, and the Succession thereof, Every such person should be guilty of High Treason during the Queens Life, and that after her Death, if any person held the Doctrine that the Laws and Statutes cannot limit and de­termine the Right of the Crown and the Succession thereof, he should incur a Premu­nire. That if any Man during the Queens Life, should by any Book written, or prin­ted expresly maintain, that any person is, or ought to be Heir, or Successor to the Queen, except the same be the Natural Issue of her Body, or should wilfully publish, print, or utter any Books, or Writings to that effect, he, and his Abettors, should for the first Offence, suffer Imprisonment for a Year, and forfeit the one half of his Goods, and for the second Offence, incur the Penalty of a Premunire.

[Page 29]I confess that Keble saith in his Collection of Statutes, that this Act of Parliament is expired, but what ground he hath for it, appears not any where that I can find, Keble. Stat. fol. 827. ei­ther in our History, or Law Books; so that I take it, for so much as was to continue after her death, it is in force still, not being repealed by any subsequent Statute; and therefore certainly, who ever holds that Doctrine; that the Right of the Crown, and the succession thereof, cannot be limited, and determined by the Laws and Statutes of the Kingdom, incurs a Premunire.

There was also another Act of Parliament made in the same Session, the which is in­tituled, an Act against the bringing in, and putting in execution of Bulls, writings, or Instruments, and other Superstitions from the See of Rome.

The Preamble of which Statute, recites the Stat. of 5 Eliz. ca. 1. 13 Eliz. ca. 2. Rast. Stat. pt. 2 fol. 138. Against bring­ing in Bulls, &c. from Rome; and reconciling, and being recon­ciled to the See of Rome. Touching the Abolishing of the Authority of the Bishop, and See of Rome; and setts out, That yet neverthe­less, divers Seditious, and evil disposed People, minding not only to bring this Realm, and the Imperial Crown thereof, (being in very deed of it self most free) into the Thral­dom, and subjection of that Foreign, usurped, and unlawful Iurisdiction, Preheminence, and Authority, claimed by the said See of Rome; but also to estrange the Minds, and Hearts of sundry of her Majesties Subjects, from their Dutiful Obedience, and raise and stir Sedition, and Rebellion within this Realm, to the disturbance of the most happy peace thereof, have lately procured and obtained to themselves, from the said Bishop of Rome and his said See; divers Bulls, and Writings. And sets forth the effect of the said Bull herein before particularly set forth; and that by colour of the said Bulls, and Writings, the said wicked Persons very secretly, and most seditiously, in such parts of this Realm, where the People for want of Instruction, were most weak, simple, and ignorant, and there­by, furthest from the good understanding of their Duty towards God, & the Queen, had by their Lewd and subtle Practices, and Perswasions, so far wrought, that sundry persons had been re­conciled to the said usurpt Authority of the See of Rome, and did take Absolution at the hands of the said naughty and subtle Practicers; whereby there was grown great disobe­dience, and boldness in many, not only to withdraw, and absent themselves from all Di­vine Service; but also did think themselves discharged from all Obedience, Duty, and Allegiance to her Majesty, that thereupon most wicked and unnatural Rebellion had ensued, and to the further danger of this Realm, was likely to be renewed, if the ungodly attempts in that behalf, were not by severity of Laws restrained and bridled: This Law therefore provides, that they who by Bulls, or other Instruments of the Bishop of Rome; should re­concile any person to the Church of Rome, and those also who should be so reconciled, should incur the Penalty of High Treason. That those who should relieve such as did so reconcile Men, or should bring into England any Agnus Dei's, or any Crosses, Pictures, Beads, or such like vain and superstitious Things, Consecrated by the Bishop of Rome, should undergo the Penalty of a Premunire: That they who should not discover such as did so reconcile, should be guilty of Misprision of Treason.

From the precedent History of Fact, and the Preamble of these two Acts of Parliament, and the Acts themselves, I observe three things.

1 st. That the Kingdom of England is in it self a Free State; exempt from all Fo­reign Jurisdiction whatever, by the Common Law of this Kingdom.

2 dly. That there had been deep Designs on foot, before the making of these Acts of Parliament, for the inslaving this Kingdom to the Bishop and See of Rome, subverting the Protestant Religion, and introducing Popery; and in order thereunto, there were several Plots laid to destroy the person of the Queen.

3 dly. That these were all laid and carried on by the Pope, and some Papists that were the Queens own Subjects, and others their adherents, and therefore certainly it must be granted that it was very necessary at that time to make these Laws against the Papists.

And that it was but reasonable to make them, The Secular Priests own the Reasonableness of making these Laws. Collection of several Treatises concerning the reasons and oc­casions of the Penal-Laws. The 1st. printed in 1583. the se­cond in 1601. the third in 1662. and all reprinted in 1688. fol. 36. even the Secular Priests themselves have owned in their important Considerations. They confess that Pius V. did practise her Ma­jesties subversion; that Ridolpho was sent hither by the Pope (under Colour of Merchan­dize) to sollicit a Rebellion; That Pius V. moved the King of Spain to Joyn in this ex­ploit; That the Bull was devised purposely to further the intended Rebellion, for de­priving her Majesty from her Kingdom; That the Pope and King of Spain assigned the Duke of Norfolk to be head of this Rebellion; That the Pope gave order to Ridolpho, to take 150000 Crowns to set forwards this Attempt. That some of this money was sent to Scotland, and some delivered to the Duke; That King Philip, at the Pope's Instance, de­termined to send the Duke of Alva into England, with all his forces out of the Low-Coun­tries, to assist the Duke of Norfolk; which they confess in this manner. That these things their Adversaries the Protestants Charged on them as true, and that they were in hand whilst her Majesty dealt so mercifully with them, and therefore ask'd them how they could excuse these designs so Unchristian, so unpriestly, so Treacherous, and so unprince-like? To which they answer, that when they first heard the aforementioned particu­lars, they did not believe them, but would have laid their Lives they had been false; but [Page 30] when they saw them printed in the Life of Pius V, they appeal to God, they were ama­zed, Collection. f. 37 and say, they can say no more, but that his Holiness was misinformed, and indirect­ly drawn to these courses. They confess, that there being several persons in Prison, when the Rebellion in the North before mentioned brake forth, that it was known that the Pope had Excommunicated the Queen, that there followed a great restraint of the Pri­soners, but none of them were put to death upon that occasion; the Sword being then only drawn against such Catholicks, as had risen up actually into open Rebellion, where­in, say they, we cannot see what her Majesty did, that any Prince in Christendom, in such a case, would not have done, and confess these things to have been the occasion of making 13 Eliz. ca. 2. against bringing in Buls &c. thus they express themselves, Collection. f. 38. we cannot but con­fess, as reasonable men, that the State had great Reasons to make some Laws against us, except they should have shown themselves careless for the continuance of it, but be the Law, as any would have it, never so extream, yet surely it must be granted, that the occasions of it were most outragious, and likewise that the Execution of it was not so Tragical, as many have since written and reported of it; for whatsoever was done against us, either upon the pretence of that Law, or of any other, would never we think have been attempted, had not divers other preposterous occasions, besides the Causes of that Law, daily fallen out amongst us, which procured matters to be urged more se­verely against us. And afterwards they accuse Saunders the Jesuit for writing a Book in 1572, de visibili Monarchia, and therein justifying the Excommunicating the Queen, and the said Rebellion in the North, and do themselves own, that the persons that suffered upon that account, were Arraigned, Condemned, and Executed, by the Antient Laws of the Country, for High Treason.

As to the Acts themselves, It is not to be denyed, but they are very severe, yet not severe enough to deter the Papists from carrying on their designs against the Queen, and the Protestant Religion, as I shall by and by make appear; but before I do that, let us a little enquire, Story 's Plot. Cambd. Hist. li 2. fol 168. Dyer. 13 Eliz. fol. 298. Baker 's Chron. fol. 343. The Duke of Norfolk execu­ted. what proceedings there were upon these Laws after they were thus made.

In the year 1571, 'tis true, one John Story Doctor in Laws, one of the Duke of Alva's Servants, an Englishman, and a Papist, was Executed; but it was for High Treason, ( not Religion) for having conspired the Queen's Death, cursed her daily in his Grace at Meals, and shewing the Duke of Alva's Secretary the way to Invade England, to put Ireland into Rebellion, and to excite the Scots to break into England all at once.

The Duke of Norfolk was also Tryed, Convicted, and Executed, and after his Condem­nation, and before his Execution, one Barney and Mather were Executed, for conspiring with one Herle, to make away some of the Council, and to deliver the Duke out of Prison.

14 Eliz. ca. 1. Rast. Stat. p. 2. fol. 188.Divers other Conspiracies and Practices there were, for delivering the Duke, which occasioned a Parliament, and the Parliaments making two Acts. One, that those who should surprize, demolish, or burn any of the Queen's Forts, should be guilty of Felony: And that those who should hold the same by Force against the Queen, burn her Ships, or stop up her Havens, should be guilty of High Treason. Another against such as should con­spire or practice the inlargement of any Prisoner committed for High Treason, which as it is Printed by Rastal, is as followeth,

14 Eliz. ca. 2. Rast Stat. pt 2. f. 188 Against Consp [...]ring to deliver any imprisoned for Treason. Forasmuch as great danger may ensue to the Queens Majesties person, and great trouble to the State of the Realm, by unlawful Conspiracies, Devises and Imaginations, to inlarge and set at Liberty such persons as be, or shall be committed to any Prison, Gard or Custody, for any Treason touching the Royal Person of our said Soveraign Lady, against which De­vices, Conspiracies and Imaginations, sufficient remedy by the Laws of this Realm, hath not been heretofore had nor provided, unless the same Conspiracies, Imaginations and Devi­ses, were Executed and brought to effect. Be it therefore Enacted by our said Soveraign Lady the Queen, the Lords Spiritual and Temporal, and the Commons in this present Par­liament Assembled, and by the Authority of the same, that if any person or persons, at any time after the end of this present Session of Parliament, shall imagine, conspire, devise, invent, or go about unlawfully or malitiously, to inlarge or set at liberty any person or persons commit­ted or to be committed to any prison, gard, or custody, by her Highness special Command­ment, for any Treason or suspition of Treason, concerning the person of our said Sove­raign Lady the Queen, before any indictment of such person so sought or intended to be set at large or liberty, as is aforesaid, and the same conspiracies, imaginations, devices or inventi­ons, shall by express words, writing or other matter, or act, expresly or manifestly set forth, utter or declare, that then every person so offending, shall incur the penalty and forfeiture of Misprision of Treason, and that all and every Offence and Offences to be comitted and done, as is aforesaid, shall be deemed and taken for Misprision of Treason.

And be it also Enacted by the Authority aforesaid, that if any person or persons at any time after the end of this present Session of Parliament shall imagine, conspire, devise, invent, or go about, unlawfully and malitiously, to inlarge or set at liberty, any person or persons, com­mitted or to be committed to any prison, gard or custody, being or which hereafter shall be in­duced of any Treason in any wise, concerning the Person of our said Soveraign Lady the Queen, and the same conspiracies, imaginations, devises, or inventions, shall by express words, writing or other matter or act, expresly or manifestly set forth, utter or declare, that [Page 31] then every such person so offending, shall be deemed and adjudged a Felon, and suffer, lose, and forfeit, as in cases of Felony, by the due course of the Laws of this Realm.

And be it further Enacted by the Authority aforesaid, that if any person or persons at any time, after the end of this present Session of Parliament, shall imagine, conspire, devise, in­vent, or go about unlawfully and malitiously, to inlarge or set at liberty, any person or per­sons, being committed to any prison, gard or Custody, after the same person or persons is, or shall be attainted or convicted of any Treason in any wise concerning the Royal Person of our said Soveraign Lady the Queen, and the same conspiracies, imaginations, devices or inventions, shall by express words, written matter, or act, as is aforesaid, set forth, utter or declare, that then every person so offending, shall be deemed and adjudged an High Traitor, and shall suffer, lose, and forfeit, as in cases of High Treason by the Laws and Statutes of this Realm: This Act was to indure during the Queen's Majesties Life only.

In the year 1572, Camb. Annals fol. 188. Baker's Chron. f. 347. the Earl of Northumberland was also Executed for his Treason in the Northern Rebellion before mentioned. But I find, that altho' several Persons were ap­prehended for offending against 13 Eliz 2. which was made against bringing in Bulls, Agnus Dei, &c. as private Tokens of Papal Obedience, and against reconciling any to the See of Rome, yet not one was Executed till 1577, which was almost twenty years after the Queen's Accession to the Crown.

The first that was convicted upon this Law, was one Cuthbert Mayne, a Priest, Cambd. An­nals, f. 224, 225 who being an obstinate Maintainer of the Pope's Power against his Princess, was put to Death at St. Stephens Fane, commonly called Launston in Cornwel, and one Trugion a Gentleman, that had harboured him, was turned out of his Estate, and condemned in perpetual Impri­sonment; and after him Hanse and Nelson, and one Sherwood, all for maintaining that the Queen was a Schismatick and Heretick and ought to be Deposed, so that from the time of making 13 Eliz. ca. 2. in 1571, to this year of 1577, fair and calm weather shone upon the Papists in England, who, by a merciful connivance, served God according to their own way of Worship, in their private Houses, in a manner without any Punishment, al­tho' it were prohibited by the Law, by which a pecuniary Mulct was to be inflicted on them; neither did the Queen in all this time offer violence to their Consciences, nor was she easily to be induced to believe any thing amiss of the people, much less to inflict punishments upon them, for differing in Opinion; being wont to say, That she could be­lieve nothing of her people, which Parents would not believe of their Children.

And was not this Clemency and Kindness sufficient to prevail with the Papists, to leave off their Plots and Contrivances against her and the Protestant Religion? Were not these Laws severe enough to keep them within the bounds of their Duty? Will neither Love allure them to Obedience, nor threatnings upon so severe penalties, as the loss of Life and Estate, deter them from offending? one might reasonably have expected it. Steukly 's Plot. Cambd. Annals f. 230. Baker 's Chron. f. 354. But instead there­of in 1578, for Invading Ireland and England both at once, and deposing of Q. Elizabeth, (who was the strongest Bulwark of the Reformed Religion) both the Spaniard, and Gre­gory the thirteenth Bishop of Rome, entred into a Confederacy, at and by the instigation of one Thomas Steukly, a Fugitive, herein before mentioned, but that design by the Pro­vidence of God being defeated,

In the year 1579, one James Fitz-Morris, a Fugitive, raised a Rebellion in Ireland, Fitz-Morris his Plot. Camb. Annals, f. 336. the same James, who had not long before been in a Rebellion, and was upon his sub­mission (having most religiously vowed his Fidelity and Obedience to the Queen) par­doned. He having (at the earnest solicitations of Saunders, an English Priest, and Allen an Irish one, both of them Doctors in Divinity) gotten a little Money of the Pope; the Authority of a Legate granted to Saunders; a consecrated Banner, and Letters of recom­mendation to the Spaniard; went to Spain, and thence into Ireland; where he landed the first day of July, with those two Romish Priests, three Ships, and a small body of men, who were all soon disperst, and Fitz Morris slain.

There is one story, relating to this Rebellion, that for the Cruelty of it, I can't let pass: As soon as the Lord Deputy had certain intelligence of Fitz-Morris his being land­ed, he commanded the Earl of Desmond, and his Brothers jointly, by Henry Davil an Eng­lish Gentleman, and a stout Souldier, and very familiar with the Desmonds, that they should forthwith assault the Fort; which when they shifted off, as a thing full of Danger, Davil departed, in order to obey the Deputy's Commands, and John Desmond followed after him; at Trally, a small Town, he overtook him at his Inn, and in the dead of the night, having corrupted his Host, broke into his Chamber, with certain Cut-Throats, having their Swords drawn, where Davil slept securely, with Arthur Carter, Lieutenant to the Marshal of Munster, a stout old Soldier; but being awakened with the noise, when he saw John Desmond in the Chamber with his Sword drawn, he raised himself up, say­ing, what's the matter my Son? ( for so he was wont familiarly to call him.) I will no longer be thy Son, (says he) nor shalt thou be my Father, thou shalt dye; and therewithal they slew both him and Carter that lay with him, stabbing them in many places, after that Davil's Lackey, by interposing his naked body, had done the best he could, for a while, [Page 32] to defend his Master, and had receiv'd some wounds; then he slew all Davil's Servants, one after another, who were lodged here and there in several Chambers, and so returning all begored with Blood, he boasted amongst the Spaniards of the Murther: And let this (said he) be a pledge to you of my faithfulness to­wards you, and the They were then ingaged in a Conspiracy for the Subversion of the Protestant Religion. Desmond car­ries on the Rebellion. Camb. Annals, f. 238, 239, 240. Baker's Chron. f. 355. Cause you are ingaged in. This Fact Sounders commended as a sweet Sacrifice in the sight of God. This may be a warning to all Protestants, how they enter into any familiar Friendship with Papists, or trust them, seeing when they butcher them they think they do God good Service, and offer up their Blood to him as an acceptable Sacrifice, and seeing, that 'tis their avowed Principle, that no Faith is to be kept with Hereticks, as they esteem Protestants of all perswasions to be.

This Rebellion ended not with John Fitz-Morris; but was, after his death, carried on by John Desmond, and notwithstanding the Earl of Desmond had promised Drury, then Lord Deputy, his fidelity and obedience to the Queen, and bound himself by Oath, that both himself in person, and his would serve her against the Rebels, yet he afterwards pulled off his Vizzard, and openly went over to the Rebels, and the Lord De­puty dying and the Council of Ireland having made Sir William Pelham Justicer of Ireland, he admonished the Earl of Desmond ▪ and demanded the delivery up of Saunders, the Foreign Souldiers, and the Castles of Carigo Foyle and Asketten, but he refusing, was Proclaimed a Traytor, and guilty of High Treason, for having dealt with Foreign Princes for the Conquest and Destruction of his Native Country, reliev'd Saun­ders and James Fitz-Morris Rebels, harboured the Spaniards which escaped out of the Fort at Smerwick hanged up divers faithful Subjects, displayed the Pope's Banner against the Queen, and brought Foreign­ers into the Realm: And then the Lord Justicer committed the prosecution of the whole War to Ormond, which he prosecuted so vigorously, that this Desmond and his Brethren were forced to lurk and hide their heads▪ yet they added so much Popish Impudence to their former base Treachery and Perfidiousness, that they signified to the Lord Justicer in a long Letter▪ that they had undertaken the protection of the Catholick Faith ( i. e. Popery) in Ireland, and that by Authority from the Bishop of Rome and direction of the Catholick King ( i. e. the King of Spain) and therefore they do kindly advise him to joyn with them in so pious and meritorious a Cause, for the Salvation of his own Soul? O horrid Impiety! To make the commit­ting Treason, Rebellion, Murder, Rapine, and all manner of Cruelties, to be the direct way to Heaven.

Camb. Annals, f. 241, and 256. Another Conspi­racy in Ireland, for the destructi­on of the Prote­stant Religion. Arthur Lord Grey, in the year 1580, being made Lord Deputy of Ireland, after a great deal of blood spilt, happily supprest that Rebellion, which he had no sooner done, but another dangerous Conspiracy was de­tected and crusht in the Bud, for divers of Noble Families in Lemster, most of them descended of English Blood, partly out of Affection to the Romish Religion, and partly out of hatred against the new English, had conspired together, to surprize the Lord Deputy with his Houshold, to take the Castle of Dublin at unawares (where all the Provision for War lay) and to put the English in Ireland every man to the Sword: And so close they were in carrying on their Conspiracy, that they never confer'd or discoursed about it more than two and two together But amongst so many that were privy to it, it came at last to light, and was by the Execution of a few timely prevented.

Colledges fra­med abroad, f [...]r breeding up Se­minary Priests to be sent hither to alienate the hearts of the Queens Subjects from her. Camb. Annals. f. 244, 245. Baker's Chron. f. 356.These Plots and Conspiracies not answering the Designs of the Papists: To the intent that they might the more effectually carry on their Treasons and Conspiracies for the future, in order to the Extirpation of the Protestant Religion out of the Queen's Dominions, and the introducing Popery in its room: They thought it very necessary, to alienate the Hearts of the Queen's Subjects from her, by the secret and craf­ty insinuations of Priests and Jesuits and that they might be furnisht with enough for that end, even of the Queens own Subjects, certain English Priests who had fled into the Netherlands for their Treasons committed here by the procurement of the Romish Party, formed themselves into a Collegiate Form of Government at Doway, and to these the Pope allowed a yearly Pension: But Tumults arising in the Low Countries and the English Fugitives being commanded by the King of Spain's Deputies to depart from thence, other the like Colledges for the training up of the English Youth, were erected; one at Rheimes by the Guises and another at Rome by Pope Gregory the 13 th, which alwaies afforded new supplies of Priests for England when the old ones failed, whose business it was privately to spread the Seeds of Popery here amongst us: From whence the Colledges had the name of Seminaries, and they called Seminary Priests, who were bred up in them: In these Seminaries, amongst other disputations it was concluded, that the Pope hath such fulness of Power by Divine Right, over the whole Christian World, both in Ecclesiastical and Secular Matters, that by vertue thereof, it is lawful for him to Excommunicate Kings, absolve their Subjects from the Oath of Allegiance, and to deprive them of their Kingdoms.

Out of these Seminaries, were sent forth into divers parts of England, and Ireland, at first, a few young men, and afterwards more, according as they grew up, who were entered over-hastily into holy Orders, and instructed in the above mentioned Principles. They pretended only to administer the Sacraments of the Romish Religion, and to preach to Papists; but the Queen and her Council soon found, that they were sent over, underhand, to seduce the Subjects from their Allegiance, and Obedience due to their Prince; to oblige them by reconciliation, to perform the Pope's Command, to stir up intestine Rebellions, under the Seal of Confession, and flatly to execute the Sentence of Pius V. against the Queen; to the end, that Way might be made for the Pope, and the Spaniard, who had designed the Conquest of England.

To these Seminaries, were sent daily out of England by the Papists, in contempt and dispight of the Laws, great numbers of Boys, and young Men of all sorts, and admitted into the same, making a Vow to return into England; Others also crept secretly from thence into the Land, and more were daily expect­ed with the Jesuits, who at that time came first into England. This occasioned the Queen to issue out a Proclamation. Camb. Annals, f. 245. Collection, f. 42. ‘That whosovever had any Children, Wards, Kinsmen, or other Relations, in the parts be­yond the Seas, should after 10 days give in their Names to the Ordinary, and within four Months call them home again, and when they were returned, should forthwith give notice of the same to the said Ordinary. That they should not directly, or indirectly supply such as refused to return with any Money. That no man should entertain in his House, or harbor any Priests sent forth from the aforesaid Semina­ries, or Jesuits, or cherish and relieve them, and that whoever did to the contrary, should be accounted a favourer of Rebels, and Seditious Persons, and proceeded against according to the Laws of the Land.’

Camb. Annals, f. 246.Before such time as this was proclaimed, the Papists pretended, that they were sensible too late of the Inconveniencies by the said Bull; and that they were ill pleased, that ever it came forth: A defence of the same written by the said Nicholas Sanders, they cunningly supprest, and prohibited the Question con­cerning the power of the Bishop of Rome in Excommunicating, and Deposing of Princes, to be publickly disputed: Which notwithstanding, brake forth every day hotter and hotter amongst them.

[Page 33] Robert Parsons also and Edmund Campian English-Men, and of the Society of Jesus, being now ready to come over to advance the Romish affairs in England, obtained Power from Gregory the Thirteenth Bishop of Rome, for moderating that severe Bull, Parsons and Campian sent into England by the Pope, to promote the Popish inte­rest here. The Faculties themselves are Printed verbatim in English and Latin, by the L. Burligh, in his Exami­nation for Treason. Col. f. 12, & 13. And by Foulis in his History, f. 337. The Character of Parsons and Campian, Cambd. An. f. 246. Bakers Chron. f. 356. and that in these words: Let there be humbly prayed of our most Holy Lord ( who is gene­rally the most wicked of the whole Court of Cardinals) an Explanation of the Bull Decla­ratory, set forth by Pius the V. against Elizabeth and her adherents ( to give her the Title of Queen after she was excommunicated, would have been to disown their own Doctrine of the Lawfulness to depose and kill Princes) which Bull, the Catholics ( i. e. the Romish Rebels and Traytors) do desire, may be understood in this manner, that it may always bind Her, and the Hereticks (i. e. the Protestants and their Protestants Queen) but in no way the Catholicks as matters now stand (for they were wise enough to carry on their Cruel Designs, and knew well enough that whatever Cruelties they used they should be commended for it, whether they had any orders for it or not) but only hereafter when publick Execution of the said Bull may be had ( they doubted not of effecting their enterprize for washing their hands in the Blood of the Protestants); these Graces aforesaid, the Bishop hath granted to Father Robert Parsons, and Edmund Campian, who are now to take their Journey into England, the Fourteenth day of April, 1580. in the Presence of Father Oliver Manarcus Assistant.

This Parsons was of Somerset-shire, a violent, fierce natur'd Man, and of rough be­haviour, Campian was a Londoner, of a sweet disposition, and a well pollish'd Man, both of them were, by Education Oxford Men, and known there to Cambden himself, as he avers; Campian being of St. John's Colledge, bare the Office of Proctor of the Uni­versity, in the Year 1568. and being made Deacon, made a shew of the Protestant Religion, he withdrew himself out of England, (they can turn themselves into all shapes, to carry on their Barbarous and Cruel Conspiracies against the Protestants, and the true Reli­gion which they profess: Modern Instances of this we have not a few.) Parsons was of Balliol Colledge, wherein he openly professed the Protestant Religion, until he was for his loose carriage Expell'd with disgrace, and went over to the Papists, (and it hath been observed by many, and that very truly, that they who go over from the Protestant to the Popish Religion, are generally Men of very vitious and loose Lives:) These two coming privately into England, Travelled up and down the Country, and to Popish Gentlemens Houses, Covertly, and in the disguised Habits, sometimes of Souldiers, sometimes of Gentle­men, sometimes of Ministers of the Word, and sometimes of Apparitors, diligently performing what they had in Charge, both in word and writing: Parsons who was Constituted Superior, being a Man of a Seditious and Turbulent Spirit, and Armed with a Confident Boldness, tampered so far with the Papists about deposing the Queen, that some of them ( Cambden saith, he speaks upon their own Credit,) thought to have delivered them into the Magistrates hands; Campian the more modest, yet by a written Paper, Challenged the Ministers of the English Church to a Disputation, and published a Neat well-pen'd Book in Latine, called, Ten Reasons in Defence of the Doctrine of the Church of Rome: And Parsons put out another virulent Book in English against Clark, who had soberly written against Campian's Challenge; but to Campian's Reasons, Whitaker gave a solid Answer. Campian himself was taken a Year after, and put to the Rack, and afterwards being brought forth to Dispute, he scarcely answered the expectation raised of him.

Neither wanted there others also of the Popish Faction ( for Religion was then grown into faction as it was very lately here in England) who Laboured Tooth and Nail at Rome, and elsewhere in Princes Courts, to raise War against their own Country: Yea, they published also in Print, that the Bishop of Rome and the Spaniard had Con­spired together, to Conquer England; and expose it for a Spoil and Prey. And this they did on purpose to give Courage to their own Party, and to terrifie others from their Allegiance to their Prince and Country. This forced a Manifesto from the Queen, Camb. Annals, f. 247. wherein (after acknowledgment of the goodness of God towards her;) She declar­eth, that she had attempted nothing against any Prince, but for preservation of her own King­dom; nor had she Invaded the Provinces of any other, tho she had been sundry times thereunto both provoked by Injuries, and invited by Opportunities, that if any Prince go about to attempt ought against her, she doubts not but to be able (by the Blessing of God) to defend her People, and to that purpose she had Mustered her Forces, both by Sea, and Land, and had them now in readiness against any Hostile Invasion; her faithful Subjects she Exhorts, to continue immoveable in their Allegiance and Duty towards God and their Prince, the Minister of God, (not their absolute Supream Lord, to dispose of them and theirs according to will and pleasure,) [Page 34] the rest who had shaken off their Love to their Country, and their Obedience to their Prince, she commands to carry themselves modestly and peaceably, and not provoke the severity of Justice a­gainst themselves, for she would no longer be so imprudent, as by sparing the Bad, to prove cruel to her self and her good Subjects.

By this Manifesto all Men may see how tender and compassionate the Queen was to her worst Subjects, even them who had renounced their Allegiance to her, and very hardly was she brought to put the Laws in Execution against them, although they so justly deserved it, of which take the following account from Mr. Cambden.

Camb. Annals f. 270.The Queen, to take away the fear which had possest many Minds, that Religion would be altered, and Popery tollerated, being overcome by importunate Intreaties, permitted, ( not furiously Commanded, as if she thirsted after Blood) That Edmund Campian aforesaid, of the Society of Jesus, Ralph Sherwin, Luke Kirby and Alexander Briant, Priests, should be Arraigned; who being Indicted upon the Act for Treason made 25 Ed. 3. and charged to have compassed and imagined the destruction of the Queen and Realm, to have adhered to the Bishop of Rome, the Queens Enemy, to have come into England to disturb the Peace and Quiet of the Realm, and to have raised forces to that end, were condemned to dye; and persisting obstinately to defend the Popes Authority against the Queen, were Executed; And not for professing the Popish Religion, or exercising it barely, as some of the Romanists and a few ignorant Protestants pretend: For Campian, after he was condemned, being askt first, whether Queen Elizabeth were a true and lawful Queen? refused to answer, then whether he would take part with the Queen, or the Pope if he should send Forces against the Queen? he openly professed, and testified under his hand, that he would stand for the Pope. Afterwards some others also were Exe­cuted for the same Reasons, whereas in full ten Years time after the Northern Rebel­lion, But five Pa­pists put to death in ten Years. there had been no more then five Papists put to death.

But such now were the times, that the Queen ( who never was of opinion that Mens Consciences were to be forced) complained many times, that she was driven of necessity, to take these Courses, unless she would suffer the ruin of her self and her Subjects, upon some Mens pretence of Conscience and the Catholic Religion ( i. e. the Abby Lands and a Cardinals Cap) yet for the greater part of these silly Priests, she did not at all believe them guilty of Plotting the destruction of their Country; but their Superiors were they, she held, Camb. Annals f. 271. Lord Burleigh saith the same thing, Collecti­on. f. 28. to be the Instruments of this villany; for these inferior Emissaries committed the full and free disposure of themselves, to their, Superiors: And when those of the Superiors that were then and afterwards taken, were asked, whether by the Authority of the Bull of Pius V. Bishop of Rome, the Subjects were so absolved from their Oath of Allegiance towards the Queen, that they might take up Arms against her? whether they thought her to be a lawful Queen? whether they would subscribe to Saunders and Bristow's opinion, concerning the Authority of that Bull? whether, if the Bishop of Rome should wage War against the Queen, they would joyn with her or him? they answered, some of them so ambiguously, some so resolutely, and some by prevarication or silence shifted off the matter, in such a manner, that divers ingenious Papists (which are rare to find in th [...]t Age) began to suspect they fostered some treacherous disloyalty; and John Bishop, a Man otherwise devoted to the Bishop of Rome, wrote against them, and solidly proved, that that Constitution obtruded under the Name of the Lateran Council, upon which the whole Authority of absolving Subjects from their Allegiance, and deposing Princes is founded, is no other, then a Decree of Innocent the III. and was never ad­mitted in England; yea that the said Council was no Council at all, nor was it at all there decreed by the Fathers. But of the Priests themselves, owning all this I shall give a further account hereafter.

Camb. Annals. f. 272.Suspicions were daily increased, by the great number of Priests, creeping more and more into England, who privately felt the Minds of Men, spread abroad, that Princes Excommunicate were to be deposed (notwithstanding their former prohibition of Preaching that Doctrine) and whispered in Corners, The Popish Te­rets spread a­broad. that such Princes as professed not the Romish Religion had forfeited their Regal Title and Authority; that those who had taken holy Orders, were by a certain Ecclesiastical priviledge, exempted from all jurisdiction of Princes; and not bound by their Laws; nor ought they to reverence, or regard their Majesty, that the Bishop of Rome hath supream Authority, and absolute Power over the whole World, yea in Temporal Matters; that the Magistrates of England were no lawful Magistrates; and therefore not to be accounted for Magistrates; yea, that whatsoever was done by the Queens authority, since the time the Bull decla­ratory of Pius V. was published against her, was by the Laws of God and Man, alto­gether [Page 35] void; and to be esteemed as of no validity; and some of them were not ashamed to own, that they were returned into England with no other intent, then by 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.

[Page 36] 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 out the Religion of the Gospel in all Places, and to begin here as their greatest Impediment, is Cause sufficient to make us the more vigilant, and to have a wary Eye to their Doings and Proceedings, how smoothly soever they speak or dissemble their Friendships for the time, for let us think surely, that they have joyned Hands together against us, and if they can, they will procure the Sparks of the Flames that have been so terrible in other Countries, to fly over into England, and to kindle as great a Fire here. And as the Pope by open Hostility, as you see, hath shewed himself against her Majesty, so the better to answer in time the Purposes that he hath set down in the mean Season, till they may come to Ripeness, he hath and doth by secret Practices within the Realm, leaving nothing unprovided, emboldning many undutiful Subjects to stand fast in their Disobedience to her Majesty and her Laws. For albeit, the pure Religion of the Gospel hath had a free Course, and hath been freely preached now many Years within this Realm, by the Protection of Her Majesties most Christian Government; yet such have been the Practices of the Pope and his secret Ministers, as the obsti­nate and stiff-necked Papist is so far from being reformed, as he hath gotten Stomach to go back­ward, and to shew his Disobedience, not only in arrogant Words, but also in contemptuous Deeds.

To confirm them herein, and to increase their Number, you see how the Pope hath and doth comfort their hollow, Hearts with Absolutions, Dispensations, Reconciliations, and such other things of Rome. You see how lately he hath sent hither a sort of Hypocrites, naming them­selves Jesuits, a Rabble of Vagrant Fryars, newly sprung up, and running through the World, to trouble the Church of God; whose principal Errand, is by creeping into the Houses of Men of Behaviour and Reputation, not only to corrupt the Realm with false Doctrine, but also under that Pretence, to stir up Sedition, to the Peril of Her Majesty and her good Subjects. How these Practises of the Pope have wrought in the disobedient Subjects of this Land, is both evident and lamentable to consider; for such Impressions hath the Estimation of the Popes Authority made in them, as not only those, which from the Beginning have refused to obey, but many, yea, very many of these, who divers years together, did yield and conform themselves in their open Accounts, since the Decrees of that unholy Council of Trent, and since the publishing and de­nouncing of that Blasphemous Bull against Her Majesty, and since those secret Absolutions and Reconciliations, and the swarming hither of a number of Popish Priests, and Monkish Jesuits, have, and do utterly refuse to be of our Church, or to resort unto our Preaching and Prayers. The sequel whereof must needs prove dangerous to the whole State of the Common-wealth.

By this you see what Cause we have justly to doubt great Mischief threatned to this Realm, and therewith you may easily see also, how far the preventing and withstanding of the same, it behooveth her Majesty, not only to provide in time, sufficient Laws for the continuing of this Peaceable Government, but also to be ready with Forces to repress all Attempts that may be en­terprised, either by Enemies abroad, or by evil Subjects at home.

What Difference there is between the Popes Persecuting Church, and this The Church of England. Mild Church of the Gospel, hath been seen in all Ages, and especially in the late Government, compared with the merciful time of Her Majesties Reign. The Continuance of which Clemency, is also to be wish­ed, so far as may stand with Gods Honour, and the Safety of the Realm. But when by long [Page 37] proof, we find that this favorable and gentle Manner of Dealing with the Disobeyers and Con­temners of Religion, to win them by fair Means, if it were possible, hath done no good, but hath bred in them a more arrogant and contemptuous Spirit, so as they have not only presumed to disobey the Laws and Orders of the Realm, but also to accept from Rome secret Absolutions, Reconciliations and such like; and that by the Hands of leud Runnagates, Priests and Jesuits, har­bouring and entertaining them even in their Houses, thereby shewing an Obedience to the Pope, by their Directions; also nourishing and training up their Children and Kinsfolks, not only at home, but also abroad in the Seminaries of Popery; Now, I say, it is time for us to look more narrowly and strictly to them, least as they be corrupt, so they prove dangerous Members to many born within the Entrails of our Common-wealth.

And seeing that the Lenity of the Time, and the Mildness of the Laws heretofore made, are no small Cause of their arrogant Disobedience, 'tis necessary that we make a Provision of Laws, more strict, and more severe, to constrain them to yield their open Obedience, at the least, to her Majesty, in Causes of Religion, and not to live as they lift, to the perillous Example of o­thers, and to the encouraging of their own evil affected Minds; but if they will needs submit themselves to the Benedictions of the Pope, they may feel how little his Curses can hurt us, and how little his Blessings can save them from that Punishment, which we are able to lay upon them; letting them also find, how dangerous it shall be for them to deal with the Pope, or any thing of his, or with those Romish Priests and Jesuits; and therewith, also how perillous it shall be for those Seditious Runnagates to enter into the Land, to draw away from Her Majesty that Obedience, which by the Laws of God and Man, are due unto her.

This then is one of the Provisions which we ought to take care of in this Council, whereby we may both enjoy still that happy Peace we live in, and the Pope take the less Boldness to trouble us, by any Favour he shall find here.

Therefore, seeing the Malice of the Pope and his Confederates are so notorious unto us, and seeing the Dangers be so great, so evident, and so imminent, and seeing that Preparations to withstand them, cannot be made without support of the Realm, and seeing that our Duty to God, our Queen and Country, and the Necessity that hangeth upon our own Safeguards, be rea­son sufficient to perswade us; let us think upon these Matters as the Weight of them deserveth, and so provide in time, both by Laws to restrain and correct the evil affected Subjects, and by Provision of that which shall be requisite for the Maintainance of Forces, as our Enemies finding our Minds so willing, and our Hands so ready, to keep in order our Country, and to furnish her Majesty with all that shall be necessary, may either be discouraged to attempt any thing against us, or if they do, they may find such Resistance, as shall bring Confusion to themselves, Honour to our most Gracious Queen, and Safety to all of us.

Mr. Norton seconding the Motion, it was referred to a Committee to prepare Bills.

And that Session there was an Act of Parliament made, that is intituled, 23 Eliz. ca. 1. Rast. Stat. 2. part f. 243. An Act to retain the Queens Majesties Subjects in their due Obedience; which Act recites, That, where since the making of the 13th. of the Queen, Ca. 2. divers evil affected Persons have promised, contrary to the meaning of the said Statutes, by other means then by Bulls, or Instruments written or printed, to withdraw divers the Queens Majesties Subjects from their natural Obedience to Her Majesty, and to obey the usurped Authority of Rome, and in respect of the same, to perswade great Numbers to withdraw their due Obedience to Her Majesties Laws, established for the due Service of Almighty God.

It is thereby enacted, that they should be guilty of High Treason, Treason in Re­conciler and Reconciled to the Church of Rome. who should diswade the Subjects from their Obedience to their Prince, and from the Religion established in England, or should reconcile them to the Church of Rome; as also those who should be diswaded or reconciled; those also who should say Mass, were to be fined 200 Marks, and to suffer Imprisonment for a Year, or longer, if they paid not the Money; they who should be wittingly and willingly present at Mass, were to be fined 100 Marks, and to suffer Imprisonment likewise for a Year; and they who refused to frequent Divine Service, are to forfeit 20 Pounds a Month: but there must in every Case a legal Conviction precede.

From the History of the Papists Conspiracies, and the Queens Carriage towards them, during these last ten Years, whereof I have given an Account, I cannot but observe.

[Page 38]1. That the Papists are a most perverse and disingenuous Generation of Men, who never have lived, ( nor is it to be believed ever will) in Obedience to any Prince who is not of their own Religion.

2. That, notwithstanding their many Treasons and Rebellions in England and Ireland against Queen Elizabeth, yet, in ten years time, there were not above five exe­cuted upon any of the Penal Laws made against them; and that she was hardly pre­vailed upon to execute any of them, although for the most apparent Treason; and would not have yielded, but that it appeared necessary, for the Preservation of her self, her Protestant Subjects, and the Protestant Religion.

3. That therefore the Penal Laws were not made so much with design to offend the Papists, as to defend the Queen and her Government from the Treasons, Rebelli­ons, Outrages and Violences every where committed by the Papists, stirred up and egged on by the Seminary Priests, Jesuits, and sent hither for that very Purpose.

4. That notwithstanding all their Plots and Contrivances, there was no restraint up­on their exercising their Religion in their own private Families; nor no Prohibitions of saying or hearing Mass, till this last Act of Parliament was made; which was ex­torted from the State by their horrid Abuse of their former Liberty.

So that he that denies the Reasonableness of those Penal Laws against Papists, must (one would think) offer Violence to his own Reason.

But yet least the Papists should object, and any weak Protestant think, with too great Colour of Reason, that these Facts are the Relation of Protestant Historians, who will be sure to write all things with the greatest plausibleness and shew of Reason and Justice on their own side, and will be sure to blacken and villifie the Papists as much as they are able, although they have never so little reason so to do.

I shall, to back what I have related from our own Historians, and to convince all mankind that it is true, subjoyn what the Seeular Priests themselves, in their important Considerations have owned, was the true ground and reason of making this Act of Parliament, of 23 Eliz. Cap. 1. and because the Papists shall not say I bely, mis-con­strue or misrepresent them, take it in their own Words.

Col. f. 39. The Secular Priests Con­fession. Of the Pope the Spaniard and Duke of Norfolk's Plot. Steukley's Plot. ‘Furthermore, about the coming out of the said Book of Mr. Saunders, (they had been in the Paragraph before complaining of Mr. Saunders his Writing a Book, De visibili Mo­narchia, whereby he justified the Bull of Pope Pius Quintus, and the Rebellion in the North, and many other such like things) the whole Plots before mentioned of the Pope, and the King of Spain, with the Duke of Norfolk, for the Disinheritance of her Majesty, and other intended Mischiefs, fell out to be fully disclosed; afterwards, within some four or five years, it was also commonly known to the Realm, what Attempts were in hand by Mr. Steukley (assisted with Mr. Saunders, and other Catholics, both English, Irish and Italians) for an Enterprise by force in Ireland, under a pretence to advance the Catholic Religion, which for that time (through some Defect) succeeding not, the Pope himself, The Popes In­vading Ireland in 1579. in the Year 1579. (abused still by false Pretences) did set forward that Course, and sending thither certain Forces, Mr. Saunders (too much Jesuited) did thrust himself in Person into that Action, as a chief Ring-leader, and to perswade the Catholics, when he should come into Ireland, to joyn with the Popes said For­ces, for the better assisting certain Rebels, then in Arms against their Soveraign. Now whilst these Practises were in hand in Ireland, The Queen Ex­communicated by Gregory 13th. Gregory the Thirteenth reneweth the said Bull of Pius Quintus, and denounceth her Majesty to be excommunicated, with Intimations of all other particulars in the former Bull mentioned, which was procured (we doubt not) by Surreptions, the false Jesuits (our Country-men) daring to at­tempt any thing, by untrue Suggestions, and any leud Surmises that may serve their turns. This Stratagem accomplisht, and ground laid, whereupon they imagined to work great Matters: these good Fathers (as the Devil would have it) came into England, and intruded themselves into our Harvest, being the Men in our Consciences (we mean both them and others of that Society, with some of their Adherents) who have been the chief Instruments of all the Mischiefs that have been intended against her Majesty, since the beginning of her Reign, and of the Miseries which we, or any other Catholics, have upon these Occasions sustained. Their first repair hither, was Anno 1580. when the Realm of Ireland was in great Combustion, Parsons and Campians coming into England in 1580. and then they entred ( viz. Mr. Campian the Subject, and Mr. Parsons the Provincial) like a Tempest, with sundry such great Brags and Challenges, as divers of the gravest Clergy then living in England (Dr. Watson, Bishop of Lincoln, and others) did greatly dislike [Page 39] them, and plainly foretold, that (as things then stood) their Proceedings after that fashion, would certainly urge the State to make some sharp Laws, which should not only touch them, but likewise all others, both Priests and Catholics, upon their Arrival; and after these brags, Mr. Parsons presently fell to his Jesuitical Courses; and so be-laboured both himself and others in matters of State, how he might set her Majesties Crown upon another Head (as appeareth by a letter of his own to a certain Earl,) that the Catholics themselves threatned to deliver him into the hands of the Civil Magistrate, except he desisted from such kind of practices.’

‘In these tumultuous and rebellious proceedings by sundry Catholics, both in Eng­land and Ireland, it could not be expected, but that the Queen and the State would be greatly incensed with indignation against us. We had (some of us) greatly ap­proved the said Rebellion, highly extoll'd the Rebels, and pitifully bewailed their Ruin and Over-throw. Many of our affections were knit to the Spaniards; and for our Obedience to the Pope, we all do profess it. The attempts both of the Pope and Spaniard failing in England; his Holiness as a temporal Prince, The Popes Ban­ner displayed in Ireland to de­pose the Queen. displayed his Banner in Ireland. This Plot was to deprive Her Highness first from that Kingdom (if they could) and then by degrees to depose her from this. In all these Plots, none were more forward then many of us that were Priests: The Layity, if we had opposed our selves to these designments, would out of doubt) have been over-ruled by us. How many of our Calling were addicted to these Courses the State knew not. In which Case (the premises discreetly considered) there is no King, or Prince in the World, disgusting the See of Rome; and having either force or Metal in him, The Queen Vindicated and commended. that would have indured us, if possible he could have been revenged, but rather (as we think) have utterly rooted us out of his Territories, as Traytors, and Rebels both to him and his Country. And therefore we may rejoyce unfeignedly, that God hath blessed this Kingdom with so gracious and merciful a Soveraign, who hath not dealt, in this sort with us. Assuredly if she were a Catholic, she might be accounted the Mirrour of the World; but as she is, both we and all other Catholics, her natural Subjects, deserve no longer to live, then we hereafter shall Honour her from our Hearts, obey her in all things (so far as possibly we may) pray for her Prosperous Reign and long Life, and to our Powers, defend and Protect, both her and our Country against any whatsoever, that shall by force of Arms attempt to damnifie either of them; for in the said Garboils, and very undutiful Proceedings; how hath her Highness dealt with us? From the time of the said Rebellion and Parliament; The Papists themselves con­fess not above twelve Execu­ted in ten years. there were few above twelve, that in ten Years, had been Executed for their Consciences (as we hold) al­tho our Adversaries say for Treason, and of those twelve, some parhaps can hardly be drawn within our Account, having been tainted with matters of Rebellion. The most of the said number were Seminary Priests, who if they had come over with the like intents, that some others have done, might very worthily have been used as they were: But in our Consciences; nay, some of us do know it, that they were far from those Seditious humours; being Men that intended nothing else then simply the good of our Country; and the Conversion of Souls. Marry, to say the Truth, as we have Confessed before, how could either her Majesty or the State, know so much.’ They had great Cause, as politic Persons, to suspect the worst.

‘Besides to the further Honour of Her Majesty we may not Omit, that the States of the whole Realm Assembled in Parliament, Anno 1576. Were pleased to pass us over, and made no Laws at that time against us: The Antient Prisoners that had been restrained more narrowly in the Year 1570. were (notwithstanding the said Enter­prizes in Ireland) again restored to their former Liberty, to continue with their Friends as they had done before; such as were not suspected to have been Dealers or Abet­tors, in the said Treasonable Accounts, were used with that humanity, which could not well be expected. But when the Jesuits were come, and that the State had notice of the said Excommunication, there was then within a while great alteration; for such were the Jesuits proceedings, and with so great boldness, as tho all had been theirs, and that the State should presently have been changed.’

‘Her Majesty had seen what followed in her Kingdom upon the first Excommuni­cation, and was therefore in all worldly Policy to prevent the like by the second. The Jealousie also of the State was much increased by Mr. Sherwin's answer upon his Ex­amination, The Jesuits in­direct answe­ring of plain Questions. above Eight Months before the Apprehension of Mr. Campian: For being asked, whether the Queen was his lawful Soveraign, notwithstanding any Sentence of the Popes? he prayed that no such Question might be demanded of him, [Page 40] and would not further thereunto Answer. Two or three other Questions much to the like effect, were likewise propounded unto him, which he also refused to Answer. Matters now sorting on this fashion, there was a greater restraint of Catholics, then at any time before, many both Priests and Gentlemen were sent into the Isle of Ely, and other places, there to be more safely kept and looked unto.’

The Queen's Proclamation upon the com­ing over of the Jesuits & Se­minary Priests. This is a Mi­stake, for the Law made by this Parliament was 23. Eliz. Cap. 1. that made it Trea­son in conver­ter and conver­ted to the Church of Rome, and the Law here men­tioned is 27. Eliz. Cap. 2. ‘In January following, 1581. (according to the general Computation) a Procla­mation was made for the Calling home of Her Majesties Subjects beyond the Seas, (such especially as were trained up in the Seminaries) pretending that they Learned little there, but disloyalty; and that none after that time should harbour or relieve them, with sundry other Points of hard intendment toward us. The same Month also a Parliament ensued; wherein a Law was made agreeable in effect to the said Proclamation: But with a more severe punishment annexed, for it was a Penalty of Death, for any Jesuit or Seminary Priest to repair into England, and for any to receive or entertain them, which fell out according to Bishop Watsons for­mer Speeches or prediction, what mischiefs the Jesuits would bring upon us▪ We could here as well as some others have done, shew our dislike with some bitter­ness of the said Law and Penalty. But to what purpose should we do so? It had been a good Point of Wisdom in two of three Persons, that have taken that course to have been silent, and rather to have thought by gentleness and sweet Carriage of themselves, to have prevented the more sharp Execution of that Law; then by ex­claiming against it, when it was too late; to have provoked the State to a greater se­verity against us. And to confess something to our disadvantage, and to excuse the said Parliament. If all the Seminary Priests then in England, or which should after that tim [...] have come hither, had been of Mr. Morton, and Mr. Saunders his mind be­fore mentioned (when the first Excommunication came out) or of Mr. Saunders his second resolution (being then in Arms against Her Majesty in Ireland) or of Mr. Parsons ▪ The Parliament excused. Traiterous disposition both to our Queen and Country: The said Laws (no doubt) had carried with them a far greater shew of Justice. But that was the Error of the State; and yet not altogether (for ought they knew) improbable, those times being so full of many dangerous designments and Jesuitical practices.’

‘In this Year, also divers other things fell out unhappily towards us poor Priests, and other the graver sort of Catholics, who had all of us single Hearts, and disliked (no man more) all such factious enterprizes: For notwithstanding the said Proclamation and Law, Heywoods Practices. Mr. Heywood a Jesuit came then into England, and took so much upon him, that Father Parsons fell out exceedingly with him, and a great trouble grew amongst Catho­lics, by their Brablings and Quarrels. A Synod was held by him the said Mr. Heywood, and sundry Ancient Customs were therein Abrogated, to the offence of ve­ry many. Campian an­swered as Sherwin did. These Courses being understood (after a sort) by the State; the Catholics and Priests in Norfolk felt the smart of it. This Summer, also in July, Mr. Campian and other Priests were apprehended, whose Answers upon their Examinations, agreeing in effect with Mr. Sherwins before mentioned, did greatly incense the State, for, amongst other Questions that were propounded unto them, this being one, viz. if the Pope do by his Bull, or Sentence pronounce, Her Majesty to be deprived, and no Law­ful Queen, The Question propounded to Campian and others. and her Subjects to be discharged of their Allegiance and Obedience unto Her; and after the Pope or any other by his Appointment and Authority do Invade this Realm, which part would you take, or which part ought a good Subject of England to take? some Answered, that when the Case should happen, they would then take Councel, what were best for them to do: Another, that when that Case should happen, he would Answer and not before: Another, that for the present he was not resolved, what to do in such a Case: Another, that when the Case happen­eth, then he will Answer: Another, that if such deprivation and Invasion should be made, for any Matter of his Faith, he thinketh he were then bound, to take part with the Pope.’

‘Now, what King in the World, being in doubt to be invaded by his Enemies, and fearing that some of his own Subjects were by indirect means drawn, rather to adhere to them then to himself, would not make the best Tryal of them he could for his better satisfaction, whom he might trust to? In which Tryal, if he found any, that either should make doubtful Answers, or peremptorily affirm, that (as the Case stood betwixt him and his Enemies) they would leave him their Prince and take part with them; might he not justly repute them for Traitors, and deal with them accordingly; sure we are, that no King or Prince in Christendom, would like or tolerate any such Subjects within their Dominions, if possibly they could be rid of them.’

[Page 41]Thus much the secular Priests themselves Confess; and certainly then, 'tis not to be denied, but they own all the Treasons and Villanies that the Protestants charge upon the Papists, only they would fain excuse themselves, and the grave sort of Catholicks from having any hand in them; And at the same time, they justifie the State in their pro­cedure against them; because they have a Colour of reason to believe them all alike, and know not but they are so.

But may the Papists say, tho the States might have reason, to make it a Capital offence, to reconcile any of the Subjects of England to the See of Rome, yet it seems hard, to make a Man a Traitor, for staying in, or if a Man be out, returning to his Native Countrey; which 27 th Eliz. cap. 2. doth, which Objections will be suffici­ciently answered, by the following Account of their Practices in the Queens Domini­ons, from the twenty third year of her Reign to the twenty seventh.

The Papists had Writ so much against the Queen, and other Excommunicate Princes, that divers, who had the Popes power in Esteem, were perfectly drawn from their obedience; and, amongst others, in the Year 1583 one Somervil, Somervils Conspiracy. Camb. Annals. f. 289. Foulis Hist. l. 7. cap. 4. f. 338. Bakers Chron. f. 361. who went to the Queens Court, and breathing nothing but Blood, against the Protestants, furi­ously set upon one or two, by the way, with his drawn Sword, and being apprehend­ed, Confessed that he designed to have killed the Queen with his own hands.

One Edward Arden, Somervil's Wives Father, his own Wife, Somervil's Wife, and one Hall a Priest, were Arraigned, and Condemned for this Conspiracy. Somer­vil was three days after found strangled in Prison; Arden was hanged and Quartered: But so merciful was the Queen, that she spared the Women, and the Priest. This unfortunate Gentleman Somervil was drawn into all this, by the cunning of a Priest, and cast by his Evidence, saith Mr. Cambden.

In the Year 1584. Francis Throgmorton eldest Son of John Throgmorton, a Justice of Peace in Cheshire, Francis Throgmor­ton's Conspiracy. Camb. Annals. f. 294.298. Bakers Chron. f. 362. was Clapt up, for being in a Conspiracy, to bring in an Army of Foreigners, and Deposing the Queen. And no sooner was he Committed to Custody, and had Confessed some things; But Thomas Lord Paget, and Charles Arundel a Courtier, who joyned with him in the Conspiracy, privily fled the Land, and withdrew them­selves into France: And Mendoza the Spanish Ambassador (who was likewise engaged in the same Design) being greatly reprehended for it, secretly Crost the Seas into France.

Throgmorton Confessed the Fact, and afterwards denied it, and after that, cast him­self upon the Queen's Mercy, and in writing Confessed the same again at large; But at the Gallows, pretended to deny it again, he being executed, and the others fled, that Conspiracy came to nothing.

Soon after this, there was a further Discovery of the design of the Pope, the Spaniard, Camb. Annals. f. 299. Foulis Hist. l. 7. cap. 5. f. 345. The Earl of Arundel and Northumber­land were in­gaged. Camb. Annals. f. 310, 311. there you will see the design was for delivering the Queen of Scots for the Conquering of England, and the de­struction of the Protestant Religion. and the Guises, for invading England, which was Discovered in this manner. One Chreighton a Scotch-man, of the Society of Jesus, passing into Scotland, and being taken by some Netherland Pirates, tore certain Papers in pieces, the torn pieces being thrown over board, were by the Wind, blown back again, and fell by chance into the Ship, not without a Miracle, as Chreighton himself said, and Sir Willam Wade the Clerk of the Councel, by putting together these torn pieces of Paper, with much pains, and singular Dexterity, discovered the Design.

Their spight was all at the Queen; and the better to procure her ruin, Martins Book against the Queen. Foulis Hist. l. 7. cap. 4. f. 338. there was a little Book composed, and called a Treatise of Schism, which amongst other things ex­horted the Women at Court to Act the same against the Queen, as Judith had done, with Commendation against Holosernes. The Author of this pernicious Pamphlet was one Gregory Martin, formerly of St. Johns Colledge in Oxford, and Contemporary with Campian. The Duke of Norfolk made him Tutor to his eldest Son, and indeed his Learning was noted, being a good Linguist, and one who had read much, but in his writing he was very passionate, and so sometimes inconsiderate.

One Carter Prints Martins Book. Concertat. Eccles. Cathol. Angl. part. 2. f. 127. &c. Ruston de Schism. Angl. l. 3. William Carter, who had formerly been Amanuensis to Dr. Harpesfield ( one of Bishop Bonners Creatures,) and was now the chief Printer for the Romanists, keeping two Presses at their Devotion, gets this Book commended by Allen, and Prints above a thousand, for which he is tryed, confesseth the Printing it, vindicateth all is contained in it, is condemned and executed, and hath the Honour to be registred amongst their Martyrs.

[Page 42]By reason of these Treasons before mentioned, as also upon occasion of Rumors from all parts, that great Dangers were at hand, and threatned to prevent the wicked Designs, The Subjects of England Associate. and Treacherous Practices of the Papists, and to provide for the Queens safety, upon which the Welfare both of the Realm and Religion depended, many Men of all Degrees and Conditions throughout England, by Leicesters means, and out of their own publick Care and Love, whilst they stood not in Fear of her, but were full of Fear for her, bound themselves in an Association by mutual Vows, Subscriptions, and Seals, to prosecute to the Death, as far as lay in their Power, all those that should Attempt any thing against the Queen.

Upon which, the Parliament meeting on Munday 23 d. Day of November, 27 El. A Bill was in this Sessions brought into the House of Commons, for Provision to be made for the Surety of the Queens Majesties Royal Person, and the continuance of the Realm in peace, and for confirming the said Association.

There was also, in this Session of Parliament, another Bill brought into the House of Commons, against Jesuits, Seminary Priests and other disobedient Persons; and one William Parrey, by Nation, a Welshman, born of obscure Parentage, and of mean Estate, by Title, a Doctor of the Law, (though but indifferently Learned) a Man ex­ceeding proud; Camb. Annals f. 305. D' Ewes his Journal f. 340, 341, 342. Bakers Cron. f. 364. Parry's con­tempt to the House of Com­mons. when this Bill was read the third time, (which was Decemb. the 17th 1584. and with little or no Argument passed the House) in very violent Terms, spake directly against the whole Bill, standing up for the Jesuits, and pleading that the said Law svoured of Treasons, was full of blood, danger, despair and terror, or dread to the English Subjects of this Realm, but refused to give his Reasons to the House, or any other but the Queen; for which he was committed to the Serjeants Custody, till the House considered of his Crime; and being called in again, and he persisting in his contempt: It was resolved, that for that he did speak to the Bill, and gave his Neg­gative voice so directly and undutifully, and in contempt of the House, would not shew his Reasons for the same, being against the ancient Orders and Usage of that High Court, and not for that he said he would shew them only to be discovered to her Ma­jesty, he should be committed to the Serjeants Ward, till the Matter should be far­ther Examined. On the 18th of December the Queen sent a Message to the House, approving and commending what they had done in this matter, and letting them know, that Doctor Parry had been examined, and made a discovery, partly to the satisfaction of her Majesty, and therefore desired, that upon his humble submission, and acknow­ledgement of his fault, he might be dispensed with, which was accordingly done. But Feb. the 18th (being in the Tower for Treason) was disabled from being longer a Mem­ber of the House of Commons.

Parry's Trea­sonable Conspi­racy for taking away the Queens Life. Camb. Annals. f. 306. Foulis Hist. l. 7. ca. 4. f. 338. D' Ewes Jour­nal. f. 350.This very Parry, when he got to be Parliament man was a Papist, and afterwards accused by Edmond Nevil (who claimed the Inheritance of Charles Nevil, [late Earl of West­morland, one of the Ring-leaders in the forementioned Plot in the North, who a little be­fore ended his Life, in a Miserable Exile,] and the Title of Lord Latimer as next Heir Male) to have been ingaged in a secret design, for taking away the Queens Life.

This Parry had been pardoned formerly by the Queen of a Burglary and Assault, for which he was Tryed and Condemned, and to requite her, enters into a Conspiracy to take away her Life; which he being resolved to do, and being then beyond Seas, comes forthwith for London, and the better to get access to the Queen, and credit with her, resolves to discover, how he had been perswaded to kill her, which he doth at White-Hall as cunningly as he can. The Queen gave him the hearing, and began to put some confidence in him; He afterwards engageth the said Mr. Nevel in the design, who declared himself convinced of the lawfulness and braveness of the Action; so they both swear, in Parry's Lodgings, Secrecy, to kill her; yet all this while, Parry carried it so fair with the Queen, that She not only thought him a trusty Loyal Subject, but intended him a liberal Pension or Allowance.

Foulis Hist. l. 7. c. 4. f. 141.Whilst he thus gets esteem with the Queen, and at the same time contrives her death, Nevil resolves to discover all, doth so, and is examined by Leicester, and Sir Christopher Hatton; the Queen wonders at the juggle and contrivance; but had it kept secreet: And the better to find out the Plot, Parry is sent for by Secretary Walsingham to his house, there to see if he would any way confess this, who had shew­ed himself soreedy on his own head, to discover the Foreign de-signs against her Majesty.

[Page 43]The Secretary entertains him kindly, telling him that the Queen had appointed him to deal with him, in a Matter that highly concerned her Majesty, knowing him to be one, who bore an extraordinary devotion to her; the Matter was, the Queen had been advertized, that there was some Plot in hand against her own Person, where­with she thought, he could not but be made acquainted; considering the great trust that some of her greatest Enemies reposed in him: of this, she desired to understand his knowledge, and whether he himself might not at some time, or other have let slip some suspitious words, not with any real design against her, but to discover the intentions of others.

Parry (strongly confiding in Nevil) earnestly denied it again and again, with several Protestations, that he was neither party nor privy to any such motion or enterprize, Walsingham dealt fairly with him, telling him that there was a Gentleman, and his friend, who would prove the contrary to his Face; yet Parry denieth all ( true Popish impudence) though probably had he confest ( and these were hints enough) and, accused Ne­vil, at his first asking, he might have saved himself; and in this his great cunning was overseen.

Parry thus obstinate in his denials, is not, permitted to go home, but lodged that Night at Mr. Secretry Walsinghams House in London: This put him in a peck of troubles, fills his Head full of suspitions; and having consulted with, his Pillow, the next Morn­ing he desired to speak with Mr. Secretary, which granted, he confesseth that now he called to remembrance, that he once had Speech with one Nevil, concerning a Point of Doctrine, contained in one of Dr. Allen's Books; wherein it was maintained that it was lawful to take away the Life of a Prince, to benefit the Roman Religion, but denied that he spake any thing of the Queen.

That Night he was Examined in Leicesters House before several, but still he deny'd all; whereupon Nevel was brought before him, who punctually justified every circum­stance before his Face, yet the other, as formerly, denied all; however he is sent to the Tower, where perceiving the exactness of the Proof against him, he freely and of his own accord, confessed all, which Confession take as the same is related by Cambden in these words.

‘In the Year (saith he) 1570. I was Sworn one of the Queens Servants, and con­tinued intirely devoted to her Majesty, till the Year 1580. at which time I came into danger of loosing my Life with great disgrace, Parry's Confession. Camb. Annals. f. 306. (for he had broken into Hugh Hares Chamber, in whose debt he was, and had wounded him, for which he was by the Law Condemned, but had his Life saved by the Queens gracious Pardon) from that time, I continued troubled in my Mind, and having procured a License, to with­draw my self into France, not with any intentions to return hither again, for I had devoted my self to the Catholic Religion. At Paris I was reconciled to the Church of Rome, at Venice I had conference with Benedict Palmio, a Jesuit, concerning the de­stressed Catholics in England; and I gave him some hints that I had found out a way to relieve them, if the Pope or any Learned Divines would justifie it to be lawful; Palmio extolled this as a Pious design, and me he recommended to the Popes Nuncio at Venice, whose Name was Campeius; and Campeius recommended me to the Pope: I besought by Letters, that I might come to Rome, with a safe Conduct; Letters of safe Conduct were sent me from the Cardinal of Como, but not large enough, afterwards others were sent me more large and full, but then was I returned to Paris, there I lighted upon Morgan, who told me that it was expected by divers, that I should do some no­table Service for God and the Catholic Church; I answered, that I was ready to kill the greatest Subject in England; but (said he) why not the Queen her self; and this said I, might easily be done, if it might appear to be lawful, for Watts a Priest with whom I had conference about it, (concealing persons Names) affirmed flatly, it was not lawful (and Chreighton also, a Scotish Jesuit, avouched the same, Teaching, that evil was not to be done that good might come of it; that God was better pleased with Adverbs then Nouns, and approved what was well done and lawfully, then what was otherwise good; and that many Souls were not to be redeemed with the destruction of any one, without the Express command of God) notwithstanding I having engaged my self, both by Letters and Promises, whilst I was in Italy, thought it an heinious sin to give over my enterprize, in case the Pope should approve it by his Letters, and grant me a plenary Pardon; which I begged of him, by Letters [Page 44] I sent to him by Ragozonio, his Nuncio in France; who highly commended my de­sign, and sent my Letters to Rome, being returned into England, I procured access to the Queen, to whom after all By-standers were removed, I discovered the whole Conspiracy, how be it, cloaked with the best Art I could, she heard me without be­ing daunted, I departed not without being terrified; and cannot now forget what she then said; That no Catholic should be called in Question meerly for Religion, or the Popes Supremacy, so that they shewed themselves good Subjects: In the mean time, whilst I was a daily Suitor in the Court, for the Mastership of St. Catharines, I received Letters from the Cardinal of Como, wherein my enterprize was commended, and my self absolved in the Popes Name. These Letters I imparted to the Queen, what effect they wrought with her I know not; to me they certainly added Courage, and took away all scruples; yet was I not minded to offer her any violence, if she could by any means be perswaded to deal more favourably with the Catholics. And therefore least I should commit the Murther, I layed away my Dagger still, as often as I had access to her; when I seriously considered her, and her truly Royal vertues, I was distracted with doubtful thoughts, for my Vows were recorded in Heaven, my Letters and Promises amongst Men; these things I often pondered with an un­quiet Mind, I was never much beholden to her for any thing; my Life indeed she once Pardoned me; but to have taken it away upon that occasion, had been cruel and tyrannical; hereupon, I departed from Court much unsatisfied with my condi­tion: I lighted upon Dr. Allens Book against the Justice of Brittain, where he taught, That Princes Excommunicate for Heresie, were to be deprived of Kingdom and Life; which Book did strongly encourage me, to prosecute my attempt. This Book I read to Nevil (whom I sometimes invited to my Table) six whole Months before he accused me; afterwards he came to me and said, let us venture upon somewhat, since we can get nothing from the Queen, and he propounded several things about the deli­very of the Queen of Scots: But I have (said I) a greater business in my Mind, and of more advantage for the Catholic Church. The next day he came and swore up­on the Bible, that he would conceal, and constantly persue any thing that should be for the good of the Catholic Religion, and I sware the like, we then resolved with ten more Men to set upon the Queen, as she rode abroad to take the Air, and to kill her: All which Nevil concealed till now. But having heard, that the Earl of Westmorland was dead, whose Estate he hath already swallowed in hopes, he presently brake his Oath, and accused me of these things.’

[Page 45]All this he confessed before the Lord Hunsdon, Sir Christopher Hatton, and Sir Francis Walsingham, all three of the Privy Council; he acknowledged his Fault, and begged Pardon for the same, by his Letters to the Queen, to Burleigh and Leicester.

Some short time after, he was arraigned at the Kings-Bench-Bar in Westminster-Hall, Parry's Ar­raignment and Confession. and confessed himself Guilty, and when his Confession was recorded, and Judgment de­manded against him, Hatton thought it necessary, for the Satisfaction of the Multitude that were present, that his Crime should be clearly and fully represented out of his own Confession; which Parry acknowledged to be voluntary, and prayed the Judges that he might read it Himself. But the Clerk of the Crown read both it, and also Cardinal Como's Letter, and Parry's own to the Queen, to Burleigh, and to Leicester, which he confest to be the very Letters themselves; yet did he deny that ever he was resolved to Kill the Queen. Being now commanded to speak, if he had any thing to say, why Judgment should not be given against him; he answered perplexedly, as if he were troubled in Conscience for the foul Fact he had undertaken: I see I must die, be­cause I have not been constant to my self. Being will'd to declare more plainly what he meant ( My Blood, said he, be amongst you.) Sentence of Death being pronounced, he, in a Fury, cited the Queen to the Judgment-Seat of God. He was executed in the Palace-Yard: he said he was never fully resolved in his Mind, to take away the Queens Life; and then died, without, in the least, commending himself to God. So let all the Enemies of Jesus Christ and his Gospel perish.

[Page 46]These Plots and Conspiracies produced the said two Acts before mentioned; the one for Provision to be made for the Security of the Queens Majesties Person, and the Continuance of the Realm in Peace; by which, the said Association was confirmed. The other Act against Jesuits, Seminary Priests, who would ground any Villanous Plots and Designs upon the Bull of Pius Quintus. The former of which Acts of Par­liament, followeth in these Words, as it is in Rastal.

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 'tis not to be doubted but that he was sure of a Pardon, in case he had not a Dispensation.

[Page 49]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 be effected, so long as the Jesuits, Seminary Priests, and other Priests were tollerated here, for it hath been observed by some, with a great deal of Truth, that there was never yet a Plot against the Government, but the Po­pish Priests had their share in it. It was therefore thought necessary to follow the example of Swedeland, the State of Venice and other Countries, who have banisht the Jesuits, and wisely to carry it a little further, and banish Priests too they being such Disturbers of the State; which was accordingly done by 27. Eliz. cap. 2.

But least the Papists should again object against the Authorities I cite for the History of the Fact, I shall here insert the very Words of their Secular Priests in their impor­tant Considerations, whereby the truth of the Fact is Confest, the Words are these.

‘About the time of the overthrow of the Popes Forces in Ireland, The Secular Priests confess the truth of all the foregoing Account. Collect. f. 44. The Popes Plot with King of Spain and Duke of Guise. Mendoza. his Holiness (by the false instigation of the Jesuits) plotted with the King of Spain, for the assistance of the Duke of Guise, to enterprize upon the sudden, a very desperate design against Her Majesty: and for the Delivery and advancement to the Crown of the Queen of Scotland. For the better asserting whereof Mendoza the Jesuit, and Ledger for the King of Spain in England, set on work (a worthy Gentleman otherwise) one Mr. Francis Throckmorton and divers others. And whilst the same was Contriving (as afterwards Mr. Throckmorton himself Confessed 1584) the Jesuitical humour had so pos­sessed the hearts of sundry Catholics; as we do unfeignedly rue in our hearts the remembrance of it, and are greatly ashamed that any Person so intitl'd should ever have been so extreamly bewitched: Two Gentlemen about that time also, viz. Anno 1583. Mr. Arden and Mr. Somervil were convicted by the Laws of the Realm, Throgmor­tons Confession you have Prin­ted, Camb. An­nal. l. 3. f. 297. Arden and So­mervil. Dr. Parry. Earl of Nor­thumberland. for ha­ving purposed and contrived how they might have laid violent hands upon Her Maje­sties sacred Person. Mr. Somervils Confession therein was so notorious, as it may not be either quallified or denied. And Dr. Parry the same Year was plotting with Jesuits, how he might have effected the like Villany: How the worthy Earl of Northumber­land was about this time brought into the said Plot by the Duke of Guise (then still in hand) we will pretermit. Mr. Parsons, that was Actor in it, could tell the Story very roundly at Rome, it wrought the Earls overthrow in 1585, which may justly be ascribed to the Jesuitical Practices of the Jesuite Mendoza, and others of that Crew.’ They mentioned several other Treasons, which I shall not here take Notice of, but reserve them till I come to give the further Account of their Treasons, and only set down the Conclusion of this Paragraph. ‘These things (say they) we would not have touched, had they not been known in effect to this part of the World, and that we thought it our Duties to shew our own dislike of them, and to clear Her Majesty (so far as we may) from such imputations of more then barbarous Cruelty towards us, as the Jesuits in their Writings have cast by Heaps upon her: They themselves (as we still think in our Consciences, and before God) having been, from time to time, the very Causes of all the Calamities which any of us have endu­red in England, since Her Majesties Reign; which we do not write simply to excuse Her Highness, altho we must Confess we can be contented to indure much, rather then to seek her Dishonour: but for that we think few Princes living, being perswa­ded in Religion as Her Majesty is, and so provoked as she hath been; would have dealt more mildly with such their Subjects (all Circumstances considered) then she hath done with us.’

[Page 50]Let us now see what reason can be given for making the rest of the Penal Laws, that were made against the Papists in this Queens Reign.

The Earl of Arund. tryed and fined only. Camb. Annals. f. 330. He was in 1589. tryed for high Treason, and Condemned, but the Queen spared him Camb. Annals. f. 424.429.The first thing I meet with remarkable, after the making these Laws foremen­tioned, is the fining the Earl of Arundel 5000 pounds in 586. for holding Correspon­dence with Allen and Parsons the Jesuit, the Queens Enemies for that publickly in writing, he had questioned the Justice of the Kingdom, and that he had intentions of departing the Realm without License. The Earl protesting his obedience to the Queen, and his Love to his Countrey, modestly excused himself by his Love to the Catholic Religion, and his ignorance of the Law, Confessed his fault and submitted.

In the Gifford, Sa­vage, Ballard and others Plot to kill the Q. Camb. Annals. f. 336. Foulis Hist. l. 7. cap. 5. sec. 1. f. 343. Bakers Chron. f. 367. same year, a very dangerous Conspiracy was discovered against Queen Eli­zabeth, in the English Seminary at Rheimes, there were some who were so bigotted to the Popish Religion, that they thought the Pope could by his Authority, do any thing, and that the aforementioned Bull of Pius Quintus, for deposing the Queen was dicta­ted by the Holy Ghost, and thought it a Meritorious Act to take away her Life, and doubted not of a Canonisation, as Martyrs, if they fell in the Attempt. William Gifford Doctor in Divinity, Gilbert Gifford, and one Hodgson Priests did so infuse this treasona­ble Doctrine into the mind of one John Savage, a Bastard as was reported, that he readily Vowed to kill the Queen.

One Ballard, an English Priest at Rheimes, bestirs himself in England and Scotland for carrying on the Design, and for that purpose, prepares Disciples, then goeth into France, and treats with Mendoza before named, Charles Paget and others, about invading of England, judging they could never have a fairer opportunity, then at that Juncture of time, forasmuch as the Pope, the Spaniard, the Duke of Guise, and the Prince of Parma, were all resolved to set upon England, thereby to divert the War from the Ne­therlands: Having delivered the Message there he returns for England to promote the design here, gets to London, where in a Souldiers habit, under the false Name of Cap­tain Fescue he agitates the Plot.

Babington and divers other Gentlemen en­gaged in this de­sign of taking off the Queen.At London he discovered this Affair to one Mr. Anthony Babington of Dethick in Derbyshire, a young Gentleman greatly addicted to the Romish Religion, and who had in France Commenced an Acquaintance with the Bishop of Glascow, the Queen of Scots Ambassador, and one Thomas Morgan an English Fugitive, and a busie Agent for her. Babington at first, was of opinion, that as long as the Queen lived, an Invasion would signifie little or nothing, but when he understood, that Savage had undertaken to remove that Obstacle by killing her, altered his opinion; but was for joyning five more to Savage, to make sure of the Matter: Which being agreed on, they set forward the design of the Invasion. The design was by Babington imparted to the Queen of Scots, and she was to reward the Heroical Actors in this barbarous Attempt, or else their Posterities, in Case they perisht in it. And he was Commanded to pass his word to the six Gentlemen and the rest, concerning their re­ward for their Service. In this Conspiracy were ingaged, divers Gentlemen who were very Zealous for Popery. Edward Windsor, Brother to the Lord Windsor, Thomas Salis­bury of a Knights Family in Denbeighshire, Charles Tilney of an ancient Family, who was then but lately reconciled to the Romish Church, Chideock Tichburn of Southampton, Ed­ward Abbington whose Father had been the Queens under Treasurer, Robert Gage of Surry, John Travers, and John Charnock of Lancashire, John Jones, whose Father was Yeoman of the Wardrobe to Queen Mary, Savage before named, Barnwel of a noble Family in Ireland, and Henry Dun Clark in the Office of first Fruits and Tenths, and one Polley.

To every of these Gentlemen was a Part in this Conspiracy assigned, and all things went according to their hearts desire, as they thought. Nothing perplexed Babing­ton, But his Fears of being failed in the Foreign Aid, that was promised him, therefore to make sure of it, he resolved himself to go over into France, and to that purpose to send Ballard privately before, for whom by his Money, under a Counterfeit name, he procured a License to Travel. And that there might not be the least Suspicion of himself, he insinuated into Secretary Walsingham, by means of Polley, and earnestly be­sought him to procure him a License from the Queen to travel into France, promising her to do her extraordinary good Service, in pumping out, and discovering the secret designs of the Fugitives in behalf of the Queen of Scots, The Plot disco­vered. but, as we say, forewarned forearmed, he being a faithful and cunning Secretary, by his Spies had discovered all, [Page 51] and informed the Queen, and therefore only commended Babingtons pretended design, and made him fair Promises, and so from time to time delayed him. The chief instru­ment in discovering this Plot, was one Gilbert Gifford, (who lurked in England under the Name of Lauson in mind Salvage of his Oath) but had informed the Secretary what he was, and to what purpose sent into England.

This having gone on for some time, Ballard appre­hended. the Queen apprehending there might be great danger in letting it proceed further, ordered Ballard to be apprehended who was seiz­ed on before he was aware in Babingtons House, just as he was setting out for France, Babington and some others of the Confederates, being jealous the design was discovered, hid themselves in St. Johns Wood near London. Notice being given of their with­drawing, they are proclaimed Traitors, at last are found, and seized on, and the rest of their fellow Rebels, fourteen of whom were executed in September 1586. in St. Giles in the Fields, where they used to meer, and consult about their intended mur­thering of the Queen, and invading the Kingdom.

Mary Queen of Scots having been at the bottom in all these designs, The Queen of Scots at the bottom. Cam. Annals. from f. 33, to f. 35. D' Ewes Journal. f. 392, 393, 395, 400, 401, 405, 408. A Commission Issued for trying Mary Queen of Scots groun­ded on 27 Eliz. Cap. 1. Camb. An. l. 3. f. 347. and there be­ing no probability of the Kingdoms continuing in the safe and secure exercise of the Protestant Religion, under their Protestant Queen, so long▪ as she was in being: The Papists being assured by her, that in case she had the Crown, she would introduce Pope­ry; Queen Elizabeth was advised to try her for Treason, which she was with great difficulty prevailed to do, and Issued out a Commission grounded upon 27 Eliz. Cap. 1. herein before set forth. The Commissioners appointed to Try her, were these, viz: John Archbishop of Whitgift Bakers Chron. f. 369. Canturbury, Sir Tho. Bromley Kt. Chancellor of England, William Lord Burleigh Treasurer of England, William Lord Marquess of Winchester, Edward Earl of Oxford great Chamberlain of England, George Earl of Shrewsbury Earl Marshal; Henry Earl of Kent, Henry Earl of Darby, William Earl of Worcester, Edmund Earl of Rutland, Ambrose Earl of Warwick Master of the Ordinance, Henry Earl of Pembrook; Robert Earl of Leicester Master of the Horse, Henry Earl of Lincoln, Anthony Vicount Mountague, Charles Lord Howard Lord High Admiral of England, Henry Lord of Huns­don Lord Chamberlain, Henry Lord Abergavenny, Edward Lord Zouch, Edward Lord Morley, William Lord Cobham, Lord Warden of the Cinque Ports, Edward Lord Stafford, Arthur Lord Grey of Wilton, John Lord Lumley, John Lord Stourton, William Lord Saunders, Lewis Lord Mordant, John Lord St. John of Bletnesho, Thomas Lord Buckhurst, Henry Lord Compton, Henry Lord Cheney, Sir Francis Knolles Kt. Controller of the Houshould, Sir Christopher Hatton Vice-Chamberlain, Sir Francis Walsingham Secretary, William Davison Esq Sir Ralph Sadleir Chancellor of the Dutchy of Lancaster, Sir Walter Mildmay Chancellor of the Exchequer, Sir Amias Pawlet Captain of the Isle of Jersey, John Woolly Esq Secretary for the Latin Tongue, Sir Christopher Wray Chief Justice of the Common-Pleas, Sir Edward Anderson Chief Justice of the Bench, Sir Roger Manwood Chief Baron, Sir Thomas Gawdy and William Periam Judges.

The substance of their Commission was this, The substance of the Commissi­on. Cambd. Annals, f. 348. after the recital of 27. Eliz. Cap. 1. thus it followeth.

‘Whereas since the end of the Session of Parliament, viz. since the first day of June, in [...]e 27 th. Year of our Reign, divers things have been compassed and imagined [...]nding to the hurt of our Royal Person, as well by Mary Daughter and Heir of James the Fifth King of Scots, and commonly called Queen of Scots, and Dowager of France, pretending a Title to the Crown of this Realm of England, [...] by divers other Persons, cum scientia (in English with the Privity) of the said Mary, as we are given to understand: And whereas we do intend and resolve that the afore­said Act shall be, in all and every part thereof duly and effectually put into Ex­ecution according to the Tenour of the same, and that all offences abovesaid, in the Act abovesaid mentioned as afore is said, and the circumstances▪ of the same, shall be examined and Sentence or Judgment thereupon given according to the Tenour and Effect of the said Act, to you and the greater part of you, we do gi [...]e full and absolute Power, License and Authority according to the Tenour of the said Act, to examin all and singular Matters, composed and imagined, tending to she hurt of our Royal Person, as well by the aforesaid Mary as by any other Person or Persons whatsoever, cum scientia (in English with the Privity) of the said Mary, and all circumstance of the same, and all other offences whatsoever abovesaid. In the [Page 52] Act abovesaid (as afore is said) mentioned, and all circumstances of the same, and of every of them; and thereupon according to the Tenour of the Act aforesaid, to give Sentence or Judgment; as upon good proof the Matter shall appear unto you: And therefore we command you that you do at such certain days and places, which you or the greater part of you, shall for that purpose set and agree upon, diligently proceed upon the premises in form aforesaid, &c.’

Mary Queen of Scots Tryed. Camb. Annals f. 361.The Commissioners met at Fotheringay Castle the 11 th. of October, 1586. and Tryed Mary Queen of Scots, the substance of the Tryal you may see in Cambdens Annals from Pag. 344, to 361. as he took the same out of the Commentaries and Memorials of Edward Barker, principlal Register to the Queen, Thomas Wheeler publick Notary, Register of the Audience of Canturbury, and other persons of Credit which were there present.

On the 25 th of October all the Commissioners met at the Star-Chamber at Westminster (to which place they had adjourned,) except the Earls of Shrewsbury and Warwick; which were both of them sick, at that time Sentence was pronounced, which Sentence was this. The Sentence. ‘By their unanimous assents and consents they do pronounce and deliver, this their Sentence and Judgment, at the day and place last above mentioned; and say, that since the conclusion of the aforesaid Session of Parliament, in the Commission aforesaid specified; namely since the first day of June, in the 27 th. Year aforesaid, and before the date of the said Commission, divers Marters have been compassed and imagined within this Realm of England, by Anthony Babington and others, with the Privity of the said Mary pretending a Title to the Crown of this Realm of England; tending to the hurt, death and destruction of the Royal Person of our said Lady the Queen: And also that since the aforesaid first day of June, in the 27 th. Year aforesaid, and before the date of the Commission aforesaid; the aforesaid Mary, pretending a Title to the Crown of this Realm of England, hath compassed and imagined within this Realm of England, divers Matters tending to the hurt, death, and destruction of the Royal Per­son of our Soveraign Lady the Queen, contrary to the form of the Statute in the Commission aforesaid specified.’

The Parlia­ment. 29. Eliz. Cap. 1. Rast. Stat. 2. Part. f. 334.The twenty ninth of October following, the Parliament met, and the first Act they made, was an Act for the confirmation of the Proscription of Thomas late Lord Paget, Charles Paget, Francis Englefeild, Francis Throckmorton, William Shelley, Anthony Babington, Thomas Salisbury, Edward Jones, Edward Abbington, Charles Tilney, Chidiock Tichbourn, Robert Barnwell, John Charnock and John Travers. The Preamble of which Act of Par­liament strengthening the Credit of the former History, I have here incerted.

An Act of Par­liament for proscribing Babington and the Rest.In most humble wise, beseecheth your Royal Majesty; the Lords Spiritual and Tem­poral, and all other your most Loving and Obedient Subjects, the Commons of this your most High Court of Parliament Assembled: That where Thomas Paget late Lord Paget late of Drayton in the County of Middlesex, Francis Englefeild late of London Kt. Charles Paget late of London Esq Francis Throckmorton late of London Esq William Shelley late of Clapham, in the County of Sussex Esq Anthony Babington late of Dethick in the County of Derby Esq Thomas Salisbury late of Lleweny in the County of Denbygh Esq Edward Jones late of Cadogan in the same County of Denbygh Esq, Edward Abbington late of Henlippe in the County of Worcester Esq Charls Tilney late of [...]ndon Esq Chidiock Tichbourn late of Port-Chester in the County of Southampton Esq Robert Barnwell late of London Gent. John Charnock late of London Gent. and John Travers late of Prescot in the County of Lancaster Gent. Having no fear of God before their Eyes, have most falsely and Treacherously committed, perpetrated and done many unnatural detestable and abominable Treasons, to the most fearful peril and danger of the destruction of your most Royal Person, and to the utter loss, dis­herison, and destruction of this your Highnesses Realm of England; if God of his infinite goodness had not in due time revealed and given knowledge to your High­ness of their Trayterous intent, of and for the which said Treasons being mani­festly and plainly proved; the said Traytors and Offenders before named, have been lawfully indicted, and some of them have been, and are, lawfully and by due process Out-Lawed, and thereby justly attainted, and some other by Tryal of the Country and their own confessions, and judgment thereupon given lawfully and justly convicted, and attainted, according to the Laws of this your Realm; as by the Records of their several attainders more plainly it doth, and may, appear, and for the which several Offences, some of the same Offenders have suffered pains of Death according to their demerits.

[Page 53]And then the Parliament Confirms their attainder, and confiscates their Lands and Tenements, Goods and Chattels.

The next thing this Parliament did, was by their Votes to approve, The Tryal and Condemnation of Mary Queen of Scots appro­ved, and Her Execution de­sired by the Parliament, and their Rea­sons for it. D' Ewes Journal, 392, 393, 395, 400, 401, 405, 408. Camb. Annal. l. 3. f. 363. and confirm the Sentence given against the Queen of Scots, and desired it might be published; the Reasons whereof were delivered in divers Speeches made in the House of Com­mons upon this occasion, and which are to be seen in Sir Simon D' Ewes his Journal at large. They were drawn from the dangers that threatned Religion, the Queens Person, and the Realm by means of Mary Queen of Scots who having been bred up in the Popish Re­ligion, and sworn a confederate in the Holy League for the extirpation of the Protestant Reli­gion, had now for a long time Arrogated unto her self, the Title of Queen of England while the Queen lived, whom as being excommunicate, she held it lawful to do mischief to, (as far as lay in her Power) and to take away her life, a thing meritorious: One who had over-thrown, and ruined sundry flourishing Families in the Kingdom, and cherished all the Treasonable designs and Rebellions in England, to spare her there­fore, were nothing else but to spoil the People, who would take impunity in this Case much to heart, and would not think themselves discharged of their Oath of Association, unless she were punished according to her deserts, and lastly they called to her re­membrance, how fearful the examples of Gods vengeance were upon King Saul for sparing Agag, and upon King Ahab for sparing the Life of Benhaddad.

These Reasons were strongly inforc't by a Petition presented by the Parliament to the Queen: and by her answer it appears, what a great straight she was in, D' Ewes Journal, f. 400. Queen Eliz. in a great streight. Camb. Annal. f. 363, 364, 365. between her Natural inclinations to mercy backt with the consideration of the near Relation the Queen of Scots stood in to her, and the danger her Person and the Protestant Religion were in, sufficiently evidenced by an Oath which she her self said she had seen, where­in some had bound themselves to kill her within a Month. ‘By which, she said, she saw her Subjects danger in her Person, which she would be careful to prevent; she told them she had not forgot the Association, they had entred into for her safety, which was a thing she never somuch as thought of, till a great number of Hands and Seals to it were shewn her, that it had laid a perpetual tie and obligation upon her, to bear them a singular good Will and Love: That she had no greater comfort then in the Common-Wealths respect and affection towards her, and promised them that whatsoever the best of Subjects might expect at the hands of the best Princes, they might expect from her to be performed to the full.’

After this she sent to the Lords by the Chancellor, and to the Commons by their Speaker Puckering, to enter anew into the consideration of this Matter, A message from Qu. Eliz. to the Parliament. Camb. Annal. l. 3. f. 365. and to find out a more pleasing expedient, whereby both the Queen of Scots Life might be spared, and her own security provided for.

They Concur again in their former Opinion for these Reasons; The Parlia­ment Concur in their former Opinion, their Reasons for it. the Queens safety (they said) could no ways be secured so long as the Queen of Scots lived, unless she should either seriously repent, and acknowledge her offence; or were kept with a closer or stricter Guard, and sufficient security given by Bond, or Oath for her good Demean­our, or delivered Hostages, or else departed the Realm. They proved by invincible Reasons, that neither by expectation of Reformation in the disposition of the Queen of Scots (if the Queens Majesty should spare her Life.) Nor yet by safer or stronger Garding of her Person, nor by her promise upon word, or Oath, D' Ewes Journal, f. 405. nor by the Hostages of other Princes or Allies, nor by her Banishment, nor by the revocation of the Bull of Pope Pius Quintus, nor yet by the Bond or Word of a Prince, or of any or all the Princes her Allies, nor by any other way or means whatsoever, other then by the speedy Execution to Death of the said Scottish Queen, the safety or continuance of the true Religion, of the most Royal Person of the Queens Majesty, and all the peaceable State of this Realm, could in any ways be provided for and Established. As for her repentance they were out of all hopes of it, considering that she had so ill requited the Queen who had saved her Life; yet would not acknowledge her fault, as for a surer Guard, stricter Custody, Bonds, Oaths and Hostages, they esteemed them all as nothing worth, because if the Queens Life were once taken away, all these would pre­sently vanish, and if she should depart the Realm they feared least she should presently take up Arms, and Invade the same, therefore they pressed hard that the Sentence [Page 54] [...] [Page 47] [...] [Page 48] [...] [Page 49] [...] [Page 50] [...] [Page 51] [...] [Page 52] [...] [Page 53] [...] [Page 54] [...] [Page 47] [...] [Page 48] [...] [Page 49] [...] [Page 50] [...] [Page 51] [...] [Page 52] [...] [Page 53] [...] [Page 54] might be put in Execution, because as it were injustice to deny Execution of the Law to any one of her Subjects, that should demand it; so much more to the whole Body of her People of England, unanimously and with one Voice humbly and Instantly suing for the same.

The Answer to this Speech will, I hope, give the Reader great satisfaction, as to Queen Elizabeth's proceedure in this weighty concern; and therefore I have here in­serted it verbatim, as I find it in Cambden, which is as followeth:

The Queens Speech in An­swer to the Parliaments Reasons. Camb. Annal. f. 366. ‘Very unpleasing is that way where the setting out Progress and Journeys end, yield nothing but trouble and vexation. I have this day been in greater conflict with my self then ever I was in all my Life; whether I should speak or hold my peace? If I should speak and not complain, I shall dissemble, if I should be silent; all your Labour and Pains taken were in vain; and if I should complain, it might seem a strange and unusual thing. Yet I confess, that my hearty desire was, that some other means might have been devised to provide for your security and my own safety, then this which is now propounded: So that I cannot but complain, tho not of you; yet to you, since I perceive by your Petition, that my safety dependeth wholly upon the ruin of another. If there be any that think I have spun out the time on pur­pose to get commendation by a seeming shew of Clemency; they do me wrong un­deservedly, as he knoweth, who is the searcher of the most secret thoughts of the Heart; or if there be any that are perswaded, the Commissioners durst pronounce no other Sentence, for fear they should displease me, or seem to fail of their Care for my preservation, they do but wrong me with such injurious conceits; for either those whom I have put in Trust, have failed of their Duties; or else they acquainted the Commissioners in my Name, that my will and pleasure was, that every one should act freely according to his Conscience; and what they thought not fit to be made publick, that they should communicate to me in private. It was of my favourable inclination towards her, that I desired some other way might be found out to prevent this mis­chief. But since it is now resolved, that my security is desperate without her death, I find a great reluctancy and trouble within me, that I, who have, in my time, pardon­ed so many Rebels, wincked at so many Treasons, or neglected them by silence, should now seem to shew my self cruel towards so great a Princess.’

‘I have since I came to the Government of this Realm, seen many defamatory Libels and Pamphlets against me, Queen Eliza­beth foresaw she should be reflected upon for this Acti­on, but by the Papists only. She could not suspect the Pro­testants would judge hereby of her, or censure her. taxing me to be a Tyrant, wellfaret he Writers hearts; I be­lieve their meaning was to tell me News; and News indeed it was to me to be branded with the note of Tyranny, I would it were as great news to hear of their wickedness and impieties. But what is it which they will not venture to write now, when they shall hear that I have given my consent, that the Executioners hands should be em­brewed in the Blood of my nearest Kinswoman? But so far am I from cruelty, that though it were to save my own Life; I would not offer her the least violence: Nei­ther have I been so careful how to prolong mine own Life, as how to preserve both hers and mine: which that it is now impossible to do, I am heartily troubled; I am not so void of sence and judgment; as not to see mine own danger before mine Eyes; nor so indiscreet as to sharpen a Sword to cut my own Throat; nor so egregiously careless, as not to provide for the safty of mine own Life. This I consider with my self; that many a Man would hazzard his own Life; to save the Life of a Princess; but I am not of their opinion, these things have I many times thought upon seriously with my self.’

‘But since so many have both written and spoken against me, give me leave I pray you, to say somewhat in mine own defence, that ye may see what manner of Woman I am, for whose safety and preservation you have taken such extraordinary care, wherein as I do with a most thankful heart discern and read your great vigilancy; so I am sure, I shall never requite it, had I as many lives as all you together.’

‘When first I took the Scepter into my hand, I was not unmindful of God the giver, and therefore I began my Reign with securing his Service, and the Religion I have been both born-in, bred in, and I trust shall dye in: And though I was not ignorant how many dangers I should meet withal at home for my altering Religion, and how ma­ny great Princes abroad of a contrary Profession, would in that respect bear an Hostile mind towards me; yet was I no whit, dismayed thereat, knowing that God, whom alone I eyed and respected, would defend both me and my Cause. Hence it is, that so [Page 55] many Treacheries and Conspiracies have been attempted against me, that I might well admire to find my self alive at this present day, were it not that Gods holy hand hath still protected me beyond all Expectations. Next, to the end I might make the better progress in the Art of Ruling well; I had long and serious Consultations with my self, what things were most worthy and becoming Kings to do, and I found it absolutely necessary that they should be compleatly furnished with those prime Capital Vertues, Justice, Temperance, Prudence and Magnanimity: Of the two latter I will not boast my self, my Sex doth not permit it, they are proper to Men; but for the two former and less rough, I dare say (and that without ostentation) I never made a difference of Persons, but high and low had equally right done them; I never preferred any for favour, whom I thought not fit and worthy; I never was forward to believe Storys at the first telling; nor was I so rash as to suffer my Judgement to be forestalled with prejudice before I had heard the Cause. I will not say but many reports might happily be brought me too much in favour of the one side or the other: for a good and wary Prince may sometimes be bought and sold, whilst we cannot hear all our selves; yet this I dare say boldly, my Judgment (as far as I could understand the Case) ever went with truth. And as Alcibiades advised his friend, not to give any answer till he had run over the Letters of the whole Alphabet, so have I never used rash and sudden resolutions in any thing.’

‘And therefore as touching your Councils and Consultations, I acknowledge them to have been with such care and Providence, and so advantageous, for the preservation of my Life, and to proceed from hearts so sincere and devoted to me, that I shall endea­vour what lyes in my power, to give you cause to think your pains not ill bestowed, and strive to shew my self worthy of such Subjects.’

‘And now for your Petition, I desire you for the present to content your selves, with an answer without answer; your Judgement I condemn not, neither do I mislike your reason, but I must desire you to excuse those thoughtful doubts and cares, which as yet perplex my Mind; and so rest satisfied with the profession of my thankful esteem of your affections, and the answer I have given, if you take it for any answer at all; if I should say I will not do what you request, I might say perhaps more than I in­tend; and if I should say I would do it, I might plunge my self into as bad inconveni­encies as you endeavour to perswade me from: which I am confident your wisdom and discretions would not that I should, if you consider the circumstances of place, time, and the manner and conditions of Men.’

In December 1586. the Parliament was prorogued saith Cambden, D' Ewes Jour. f. 407. Adjourned (saith D' Ewes) to the 15th of February, and thence ajourned to the 22 of February, and soon after, notice was given to the Queen of Scots of her Sentence, which she received joyfully, and seemed to Triumph that she was taken for an instrument for introducing Popery. But a Bishop and Dean of the Church of England, Queen of Scots carriage to a Bi­shop and Dean of the Church of England. Camb. Annals f. 308. being commended to her, to fit her for Death, she rejected them, and sharply taxed the English Nation, saying that the English, had many times put their own Kings to death, no marvel therefore if they now also shewed their cruelty upon her, who was issued from the Blood of their Kings.

After her Sentence was published (before any Warrant for her Execution) People vented their several Opinions, some for it, some against it, I shall Wave all but the then French Ambassadours Reasons on the behalf of the Queen of Scots, and the Answer to those Reasons, as they are related by Cambden, as follows.

That it very much concerned the most Christian King of France, and all other Kings, The French Ambassadours Reasons against executing the Queen of Scots. Camb. Annals f. 374. that a Queen, a free and absolute Princess, should not be put to death.

That the Queens safety would not be more endangered by the death of Queen Mary, then it would be by her Life: That if she were delivered out of Prison, she could probably attempt nothing against the Queen, being now in a sickly condition and having but a short time to live.

That although she had laid claim to the Crown of England, she was not to be blamed for it, but it was wholly to be imputed to her young and tender Years, and to bad Coun­cellors.

[Page 56] That she came at first a supplicant into England, and therefore having been unjustly de­tained, she was now at length to be either ransomed, or mercifully dealt withal. Moreover, that an absolute Prince was not to be called in question, which made Tully, say, So unsual a thing it is for a King to be put to death, for any Crime, that before this time, it was never so much as heard of,

That if she were Innocent, she were not to be punished; if Guilty she was to be spared; for this would turn to far greater honour and advantage, and would be recorded eternally, as an example of the English Clemency. That the story of Porsenna in this Case was to be remembred, who snatched the right hand of Mutius Scaevola out of the Fire, and set him at Liberty, though he had Conspired his Death.

That it was a prime Rule and Precept for well Governing, to be sparing of Blood; that Blood cryeth for Blood: That to use the extreamity of rigour towards her, could not but seem a cruel and bloody Part.

That the French King would do his best to repel and frustrate the Attemps of all Men what­soever, who should offer violence to the Queen: and that the Guises, the Queen of Scots near Kinsmen, would engage themselves to do the like by Oath and Covenant under their hands, who in Case she should be put to death, would take it very hardly and haply not leave her unrevenged.

Lastly, they required she might not be proceeded against according to so rigorous, and ex­traordinary a Sentence: Otherwise the French King, could not but take very great displeasure thereat, howsoever other Princes should hap to resent it.

The Answer to those Reasons.To these Reasons Answer was made from Point to Point as followeth.

That the Queen of England trusted, the most Christian King of France would have no less a regard and respect for her, then he had for the Queen of Scots, who had practised the destruction of an Innocent Princess, her near Kinswoman, and a Confederate with the French King. That it was expedient and necessary for Kings and Common-wealths, that wicked attempts (especially against Princes) should not go unpunished.

That the English, which acknowledged the Soveraign Authority of Queen Elizabeth only in England, could not acknowledge two Supream free and absolute Princes in England at one time, or account any other whomsoever, equal to her in England as long as she lived. Neither indeed did they see, how the Queen of Scots, and her Son who at present Reigneth, can be reputed both at one time for Supream and Abso­lute Princes.

Whether the Queens safety would be exposed to greater danger upon her being Exe­cuted, depended upon future Accidents and Contingences; the Estates of England, upon serious deliberations of the Matter, thought otherwise there would never be occasions wanting for bad attempts, especially when the Matter was now come to that pass, that the one had no hope of safety, unless the other were ruined: and this saying they might call to Mind aut ego illam, aut illa me, either I must take away her Life, or she will take away mine. The shorter the time to come of her Life was, the sooner and more eagerly would the Conspirators hasten the Queens danger.

That the Title which she claimed to the Crown of England, she would not yet re­nounce, and therefore she was with good reason detained in Prison, and so to be de­tained (though she came a Supplicant into England) till she had renounced the same, and the Crimes which she had committed since she was Prisoner, she ought to suffer for, whatever were the Cause of her first casting into Prison.

That the Queen had formerly most Graciously spared her Life, when by unani­mous consent of the Estates, she was Condemned for a Rebellion raised, about an in­tended Marriage between her and the Duke of Norfolk: and to spare her again, were but unadvised and cruel pity; that no man was ignorant of that saying of the Lawyers. A Man offending in anothers Territory, and there found, is punished in the Place of his Offence, without regard of his Dignity, Honour or Priviledge: And that this was both justi­fiable by the Laws of England, and by the Examples of Licinius, Robert King of Scicily, [Page 57] Bernard King of Italy, Couradine, Elizabeth Queen of Hungary, Joan Queen of Naples, and Dejotants; for whom Tully pleading, said, it was no unjust thing that a King should be found Guilty, and put to Death, though it were not usual: For thus the words run, which I speak first touching a Kings forfeiture of Life and Estate, which thing though it be not unjust, especially when thy Life is in danger from him, yet is it so un­sual, &c.

That she ought to be punished, having been found Guilty upon a just and legal Tryal; considering that what is just, the same is honest, and what is honest, is also profitable and Expedient.

That the Story of Porsenna suited not with the present Case, unless a Man should imagine a numerous Combinations of men to have laid wait for the Queens Life, and should thereupon perswade her to let the Queen of Scots at Liberty without any hurt, out of a fear of them, with some regard to her own honour, but none to her safety, as Porsenna discharged Mutius, after he had affirmed that three hundred like himself had Conspired and vowed his death: Moreover, Mutius attempted this against Porsenna, in a just and declared War; and when Mutius was let go, Porsenna verily perswaded himself that all the danger was over; but the Case here is quite otherwise.

That Blood indeed is to be spared, but it must be inoncent Blood, this God hath commanded. True it is indeed, that the voice of innocent Blood crieth for Blood; and this can France both before and since the Massacre at Paris, well witness and testifie.

That Death that is justly inflicted cannot seem Bloody; as is neither Physic prapared duly, and as it ought to be, esteemed violent.

That howsoever the Guises, the Queen of Scots Kinsmen, might take the Matter, yet it highly concerned the Queen, to regard rather the safety of her self, the Nobility and People of England (upon whose love and affection she wholly depended) then the displeasure of any whomsoever.

That the Matter was come to that pass, that what was said of old concerning two Princes, Couradine of Sicily, and Charles of Anjou, might now be spoken of two Queens, it might now be truely said, the Death of Mary is the Life of Elizabeth, and the Life of Mary the Death of Elizabeth.

That the French King or the Guises promises could not secure the Queen and Realm, much less make satisfaction for her Life, if she should be made away.

That the French King could neither discover nor hinder secret Plots against himself at home, much less was he like to hinder those against the Queen of England: For Treason is plotted in secret, and therefore hard to be prevented, if the fact were once committed, what would it avail to claim their Promises? how should an incomparable Prince's death be made amends for? and in so sad and woful a Confusion of all things, what Remedy could be found for the languishing Common-wealth?

That the Obligations and Oaths of the Guises were of small value, who judged it Meritorious to kill the Bishop of Rome's Adversaries, and could easily procure Dispensati­ons for their Oaths, and what Englishman, if Queen Elizabeth were slain, and the Queen of Scots, of the house of Guise, advanced to the Crown, durst accuse them of the Murther? and if any should accuse them; could they thereby make her alive again?

And the Ambassadors in calling this a rigorous and extraordinary Sentence, have spo­ken rashly and unadvisedly (for as much as they have neither seen Process nor Proofs) and have more sharply then is fitting, taxed the Estates of the Realm of England, choice Men for their Nobility, Vertue, Prudence, and Piety: Yea, they have very inconsi­derately uttered such Words in the French Kings Name, as if they meant by threats to terrifie the Queen, and the Estates of the Land. The English-men use not to be terrified by the French-mens threats from taking Courses to secure their own Tranquility, when they, in the mean time, could direct them no proper way to avoid the instant and threatning Dangers.

[Page 58]The Answer to these Reasons not leaving the French Ambassador Room for a Reply, from Words he was resolved to fall to Blows, and that he might save one Queens Life, enters into a Plot to take away anothers. A Plot by the French Ambas­sador, to take away the Queens Life. Camb. Annal. f. 377. Stafford enga­ged in it, but refused it, and proposed one Moody who undertook it. And in order to this, he at first more closely tampers with one William Stafford, a young Gentleman whose Mother and Brother were Servants to the Queen, the former of the Queens Bed Chamber, the Latter Ambassador in France, and afterwards more plainly and openly by Trappy his Secretary, who pro­mised him if he would effect it, not only great Glory and vast Riches, but special favour with the Pope, the Duke of Guise, and all the Papists. Stafford refused to do it himself, but recommended one Moody, who undertook the Matter; and as to the Man­ner, propounded to do it, either by Poison, or by a bag of Gunpowder of twenty pounds weight to be conveyed under her Bed, and secretly fired: But soon after Staf­ford discovered the whole, Trappy was taken and Confessed the Matter, the Ambassador was sent for and rebuked, but he insisted, that he being an Ambassador, was not bound to make any Discovery to any but his Master.

Camb. Annal. f. 379. Bakers Chron. f. 371. The Queen pri­vately signed a Warrant to ex­ecute the Queen of Scots and delivered the same to Davi­son. Camb. Annal. f. 387, 389, 383. Bakers Chron. f. 371. Davison Ac­quaints the Council with it. The Councel execute her before the Queen knew it. Queen Eliza­beth Resents it. Camb. Annal. f. 388. Bakers Chron. f. 372.At this time there were divers Rumors, and terrifying Reports spread over England, viz. that the Spanish Fleet was already arrived at Milford Haven; that the Scots were broken into England; that the Duke of Guise was Landed in Sussex with a strong Army; that the Queen of Scots was escaped out of Prison, and had raised an Army; that the Northern Parts were up in Rebellion; that there was a new Conspiracy on foot to kill the Queen, and set the City of London on Fire: These Reports hastned on the Queens signing a Warrant for the Execution of the Queen of Scots; to do which, she being by her Courtiers, as before she had been by the Parliament, pressed, both by Reasons, and also by Examples; did command a Warrant to be drawn up for her Execution; which Command she delivered in Writing to Davison, one of her Secre­taries, but commanded him to acquaint no Man therewith. But the next Day, having changed her Mind, she commanded Davison, by William Killigrew, that the Warrant should not be drawn. He came presently to the Queen, and told her that it was drawn and under the Seal already, whereat she was greatly moved; but notwith­standing, he acquainted the Council with it, and they believing that the Queen com­manded it should be Executed, without any delay, sent down, and had it done on the 8 th. Day of February, 1586.

As soon as the Report was brought to Queen Elizabeths Ears ( who little thought of such a thing) that the Queen of Scots was put to Death, she heard it with great Indignati­on; her Countenance altered, her Speech faltered and failed her, and through exces­sive Sorrow, she stood in a manner astonished, insomuch, as she gave her self over to passionate Grief, puting her self into mourning Habit, and shed abundance of Tears. Her Council she sharply rebuked, and commanded them out of her Sight, causing them to be Examined. Davison she commanded to appear, and be tryed in the Star Chamber; A great fine in those days. Her Councel she forgave, but Davison was tryed, fined a thousand Pounds, and imprisoned during the Queens pleasure.

Yorks Plot. Camb. Annal. f. 397. Foulis Hist. l. 7. cap. 7. f. 356. Bakers Chron. f. 373.After the Queen of Scots was executed, the first piece of Treasonable Practice of the Papists, I meet with is, that of York, who drew Stanley to betray Deventer, a strong and wealthy Place, to the Spaniards contrary to Oath solemnly taken to Leicester, and to satisfie his Conscience against the imputations of Treason, he pretended, that he had restored that place to the true Lord and Owner, which had been kept from him by Rebels, and being a ranck Papists, he soon after sent for Papists to instruct his Regiment, consisting of thirteen hundred English and Irish, in the Popish Religion; giving out, that this should be a Seminary Regiment of Souldiers to defend the Romish Religion by their Swords, as the Seminary Priests did by their Writings: And for this purpose, Allen who was not long after made Cardinal, not only dispatcht Priests to him with all expedition, but set forth a Book also wherein, according to Pius Quintus his Bull against Queen Elizabeth, he both commended the Treason, and excited others to the like perfidiousness, as if they were neither bound to serve nor obey an Excommuni­cate Queen.

And now let us see what the Parliament are doing after the Death of the Queen of Scots; That great Root of Rebellion and Treason, even in their opinion.

[Page 59]At the meeting of the Parliament 22 d. of February, to which the same was adjourned, the Queen acquainted them by Sr. Christopher Hatton, that the Nation was in great dan­ger, and what the danger was, you will find laid down in an excellent Speech, The Parlia­ment met 22d. Feb. 28, 29. Eliz. made in the House of Commons by the said Sr. Christopher Hatton, which I have here inserted, that you may see that tho' the Queen of Scots was dead, yet the Papists were not: but as active against the Queen, and the Protestant Religion as ever. The Speech take, as it is set down in Sr. Simon D' Ewes his journal which is as followeth.

‘That it was Her Majesties pleasure to have dangers disclosed, and to have the House know that she thanked God for the Goodness of the House, Sr. Christo­pher Hattons Speech D'Ewes journal f. 408. that she wished the Session (mistaken for Meeting) to be short, that Men of Government, might go home for matter of Government, Hospitality and Defence, and to take another time for making of Laws, saving such as be now of necessity.’

‘The dangers which Her Majesty meaneth, proceed of ancient Malice, and are to be prepared for, and God called for Aid.’

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 Allen before named. worthy Man, but by the perswasions, as they think of Parsons) greatly disliked of many both Wise and Learned. And especially it was wondred at a while, until the Drift thereof appeared more manifestly in the year 1588) that the said worthy Person laid down this for a ground, in justifying the said Stanley. viz. that in all [Page 61] Wars which may happen for Religion, every Catholick Man is bound in Conscience, to employ his Person and Force, by the Popes Direction, viz. how, for, when, and where, either at home or abroad, he may and must break with his Temporal Sove­raign.’

Let us now see what was further doing by the Pope and the Papists, against the Protestant Queen, and the Protestant Religion in England, in the Year 1588, and we shall doubtless see very good reason for making the Statute of 35 Eliz. Ca. 2. which was the last Law that was made against them in Queen Elizabeths time.

The Pope, some Religious Persons in Spain, and several English Fugitives, The Pope plot­ting again. Camb. Annal. f. 402. Ba­ker's Chron. f. 374. had called back the Spaniard to his former Designs for the Conquest of England, which had been interrupted by the Portugal Wars; earnestly exhorting him, that seeing God had given him Success in laying Portugal, and the East-Indies to his Dominions, he would do something which should be acceptable to God, and becoming the Grandeur and Maje­sty of the Catholic King, that nothing could be more, then the propagating and en­larging the Church of God, which could not be more gloriously, nor more meritori­ously done, then by the Conquest of England, re-planting the Roman Catholic Religion, and abolishing Heresie there. They suggested, that this War would be just, because it was necessary, as also because it was for the Maintainance of Christs Religion; in re­gard, That the Queen of England being excommunicate, persisted contumaciously a­gainst the Church of Rome, supported his Rebels in the Netherlands, annoyed the Spani­ards by continual Depredations, suppressed and sackt his Towns in Spain and America, and had very lately put the Queen of Scots to Death, violating thereby the Majesty of all Kings: That it would be no less profitable than just, for so he should add to his Empire those three Kingdoms, quell the Rebellion in the Low Countries, secure his Voyages to the Indies, without the Expence of Convoys. To prove this, they sug­gested, that the Spanish Navy did far exceed the English in Number, Largeness of Ships, and Strength, especially considering the Addition of the Portugal Fleet; that England had no Forts nor defences, that it was unprovided of Commanders, Souldiers, Cavalry and Munition, bare of Wealth and Friends; that there were many Papists who would presently joyn with him; that so great was the Strength of Spain, and so unmatchable their Valour, that none durst oppose them; and confidently assured themselves of Victory; That this Opportunity was offered by God himself, a Peace being then concluded with the Turk, and the French embroiled in a Civil War: That the Conquest of England would be far easier than the Netherlands, in respect the Cut from Spain to England was much more short and convenient, than from Spain to the Nether­lands. That in order to the Conquest of the Netherlands, it was necessary, first to con­quer England, and that England being once conquered, the Low-Countries must of ne­cessity be subdued.

The Spanish King being perswaded to believe all this, resolves on the Attempt, The Contri­vance of the Spanish Invasi­on. Camb. An­nal. f. 403, 404. and the next thing considered, was, in what Way, and Means, to effect it. And the Me­thod agreed on, was, to do it with a well-provided Army from Spain and the Low-Coun­tries, to be landed by a powerful Navy at the Thames Mouth, in order to surprize the City of London, by a sudden Assault; this being resolved on, the Preparation was made, which was so great throughout all Spain, Italy, and Scicily, that the Spaniards themselves were amazed at it, and named it the Invincible Armada. Their Cause, the Armada and Army, they recommended to the Pope, and to the Prayers of the Ca­tholics, to God and the Saints, and set forth a Book in Print for a Terror, wherein the whole Preparation was set down.

The Prince of Parma also in the Netherlands, by the Spanish Kings Command, built Ships, and many Flat-bottomed Boats, and other great Preparations in the Sea Towns of Flanders, he had an Army of an hundred and three Companies of Foot, and four thousand Horse; amongst which were one thousand English Fugitives, who of all others, were least esteemed; neither was Sir William Stanley before named. Stanley, who had the Command of them, nor others who offered their Service and Council once heard; but for their unnatural­ness to their Country, they were debarred from all access, and (as most inauspicious Persons) worthily, and with Detestation rejected.

[Page 62]The Spanish Navy, in the whole, consisted of one hundred and thirty Ships, whereof Galliasses and Galleons seventy two, in which were Souldiers nineteen thousand two hundred and ninety, Camb. Annal. f. 410. Baker's Chron. f. 374. The Number of the Armada. Marriners, eight thousand three hundred and fifty, Gally Slaves, two thousand and eighty, great Ordinance, two thousand six hundred and thirty; for the greater Holiness of their Action, twelve of their Ships were called the twelve Apostles; the chief Commanders were Don Alphonso, Duke of Medina, and John Recalde a great Sea-man.

Sixtus Quintus Curseth Queen Elizabeth. Foulis Hist. li. 7. ca. 6. f. 350. Camb. Annals, f. 410. Sixtus Quintus the Pope, that he might not seem to be wanting in so good a Cause, did not only assist with his Ant. Cica­rella in vità Sexti V. Allen sent into the Nether­lands to carry on the Design. Treasure, but his Papal Curse to boot; whereby he excommunicated the Queen, dethroned her, absolved her Subjects from all Allegiance, and published his Croisado in Print, as it were against Turks and Infidels; wherein, out of the Treasure of the Church, he granted plenary Indulgences to all that gave their Help and Assistance with this goodly Stuff. William Allen, (a little before made a Car­dinal) an English-man, and an old Traitor to the Queen, was sent into the Netherlands, the better to encourage the English Romanists to Rebellion; Allen pulls out his Papal Tool, which he forgeth into a Pamphlet in the English Language, which he prints at Antwerp, calling it,

The Declaration of the Sentence of Sixtus Quintus.

Their Methods.And as a farther Interpretation of the Papal Intent, and the better to ingage the English to Rebellion, he joyns a second Part to it, called,

An Admonition to the Nobility and People of England.

And that the Reader may better understand the Honesty of the Paper, take the Sum of it thus.

Em. Meteram. Hist. Belg. lib. 15. p. 473, 474. Sam. Purchas. Pil­grims. vol. 4. l. 10. c. 11. p. 1895, 1896.It begins with Calling the Queens Government impious and unjust; her self an Ʋsurper, Obstinate and Impenitent, and so no good to be expected, unless she be deprived.

Therefore Pope Sixtus Quintus, moved by his own and his Predecessors Zeal, and the vehe­ment Desire of some principal English-men, hath used great Diligence with divers Princes, especially with the Spanish King, to use all his Force, that she might be turned out of her Dominions, and her Adherents punished: And all this for good Reasons.

Because she is an Heretick, Schismatick, is excommunicated by former Popes, is Contumaci­ous, Disobedient to the Roman Bishop, and hath taken to her self the Ecclesiastical Jurisdicti­on over the No such thing. Souls of Men.

Because she hath, against all Law and Right, usurped the Kingdom; seeing none (forsooth) must be Monarchs of England, but by the Leave and Consent of the Pope.

Because she hath committed many Injuries, Extortions, and other Wrongs against her Subjects.

Because she hath stirred up Sedition and Rebellion between the Inhabitans of Neighbouring Countries.

Because she hath entertained What did the Pope and Spaniard do? Fugitives and Rebels of other Nations.

Because she sent and procured the A Slande­rous Ʋntruth. Turk to invade Christendom.

Because she persecuted the English Romanists, Cut of the And very justly, as ap­pears by the Relation before given. Queen of Scots, and abo­lished the Roman Religion.

Because she hath rejected and excluded the Antient Nobility, and promoted to Honour obscure People, A damn'd Lye. and also useth Tyranny.

Wherefore, seeing these Offences, some of them rendring her uncapable of the Kingdom, others unworthy to live; His Holiness, by the Power of God and the Apostles, reneweth the Censure of Pius V. and Gregory XIII. against her, excommunicates and deprives her of all Royal Dignity, Titles, Rites and Pretences to England and Ireland; declares her illegitimate, and Ʋsurper of the Kingdom, and absolves all her Subjects from their Obedience and Oaths of Allegiance due to her.

So he commandeth all, under Pain and Penalty of Gods Wrath, to yield her no Obedience, Aid or Favour whatsoever; but to employ all their Power against her, and to Joyn themselves with the Spanish Forces, who will not hurt the Nation, nor alter their Laws nor Priviledges, only punish the wicked Protestants he means. Hereticks.

Therefore by these Presents we declare, that it is not only Lawful, but Commendable to lay Hands on the said Usurper, and other her Adherents, and for so doing, they shall be well re­warded.

[Page 63] And lastly, to all these Roman Assistants, is liberally granted a Plenary Indulgence, and Re­mission of all their Sins.

The Queen, to defend her self, set forth a good Fleet of Ships, Queen Eliza­beths Prepara­tion to defend her self. Camb. Annal. f. 405. under the Com­mand of Charles Lord Howard of Effingham, Lord High Admiral, and Drake Vice-ad­miral; she prepared two Armies, one of one thousand Horse and twenty two thou­sand Foot, under the Command of the Earl of Leicester. The other of thirty four thousand Foot, and two thousand Horse, under the Command of the Lord Hunsdon. And the Nation being jealous of the Papists, the Queen was perswaded to commit di­vers to Wisbich Castle, but could not be prevailed upon to execute any one, not so much as a Priest, notwithstanding the severe Laws then in being against them, and this great Preparation made against her, for the Conquering of England, and the bring­ing in of Popery.

The Papists seeing such Preparations made by the Queen, A Trick of the Spaniards. Camb. Annals. l. 3. f. 407, 408, 409, 410. set on foot a Treaty for Peace, and in February Commissioners went into Flanders, and the 12 th. of April, 1588, the Spanish Commissioners met the English near Ostend, and the Treaty was carried on by the Spanrards, with design (if possible) to make England secure, and so to surprise them; for they dallied with the English, till the Spanish Fleet was come upon the Coast of England, and the Thundring of the Ordinance was heard from the Sea.

The 21 st. of May, 1588. the Spanish Fleet set sail out of Tayo, The Spanish Fleet at first disperst by Tem­pest. Camb. An. from 411. to 418. The Fleets en­gage. The Spaniard beaten. and was totally scattered and disperst by a very great Tempest; but being come together again, the 12 th. of July, the whole Fleet set Sail again, and the 21 st. both Fleets engaged, and after four several Sea-fights (the First, the 21 st. the Second, the 23 d. the Third, the 25 th. and the Last, on the 27 th. or 28 th. of July) thy Spanish Fleet, the last Day of the same Month, was driven Northwards, and machischeir Escape by Flight. This great Ar­mada, which had been three Years in Rigg [...]g and Preparing, with infinite Expence, was within a Months space, four times fought with, and at the last overthrown, with the Slaughter of many Men, not an Hundred of the English being missing, and but one Ship lost; and after it had been driven round about all Brittain, by Scotland, the Orcades and Ireland, grievously tossed, and very much distressed, impaired and man­gled by Storms and Wrecks, and indured all manner of Miseries, at length returned Home with Shame and Disgrace. The Prince of Parma never joyned them, for which he was sufficiently reviled by the Spaniards.

As for Cardinal Allen, he was born in Lancashire, of good Parentage, Foulis Hist. l. 7. cap. 6. f. 351, 352. Camb. Annals. f. 490. Bakers Chron. f. 381. was bred up at Oxford in Oriel Colledge, where he was Proctor; was prefered to a Cannonship in York. In Queen Elizabeths Days he quitted England, became a Pensioner to the Spaniard; to carry on whose Designs against his Queen and Country, he was very in­dustrious; for which Service, Sixtus V. created him a Cardinal 1587. and he died at Rome 1594. Oct. 16. He hath told us himself who were the chief Promoters of this Invasion, as Mr. Foulis tells us, and quotes for it, Quodlibets, Pag. 40, 41, 57. his own Words, as he relates it, are these.

‘The King of Spain, at length, as well by his Holiness's Authority and Exhortati­ons, as by his own unspeakable Zeal and Piety, moved also not a little by my hum­ble and continual Suit, together with the afflicted and banished Catholicks of our Nati­on, of all and every Degree, who have been by his special Compassion, and Regal Munificency, principally supported in this our long Exile, hath condescended at last, to take upon him this so holy and glorious an Act, &c.’

And then proceeds to encourage, nay, and threaten too, the English to take up Arms against their Queen, and to joyn with the Spaniards and other Invaders.— ‘If you will avoid the Popes, the Kings and other Princes high Indignation; let no Man, of what Degree soever, obey, abet, aid, defend, or acknowledge her, &c.’—Ad­ding— ‘That otherwise they should incur the Angels Curse and Malediction, and be as deeply excommunicated as any, because that in taking her part, they should fight against God, against their Lawful King How com­eth Philip to be lawful King of England. against their Country, and not­withstanding [Page 64] withstanding all they should do, they should but defend her bootless, to their own pre­sent Destruction and eternal Shame.’

What Mr. Foulis relates out of Clark a Secular Priest, is so remarkable with relati­on to this Invasion, that I cannot omit it, saith he, and quotes his Author.

As for the Jesuits, you shall hear what C. W. A Reply to Fa­ther Parson's Libel, f. 64, 65. Clark the Priest saith, who with Watson, suffered afterward for Treason against King James.

First, It is most certain, that all the World had very admirable Expectance of that Army, and the Jesuits more than any.

Secondly, It is plain by the Cardinals Book (if They would hint to us, as if Parsons were the Com­piler of the Ad­monition; but its certain that Allen was the Author of it, and Parsons with the other Romanists con­fess Allen to be the Author. it were his) writen as a Preparative to that Account, that he was made Cardinal on purpose for that Exploit, and to have been sent hither presently upon the Spaniards Conquest. But Father Parsons saith, that he laboured to set forward, at that time, the Cardinals Preferment (if you will believe him) which maketh it evident, à primo ad ultimum, that Father Parsons was a Dealer in that Ac­count.

Thirdly, It is certain, that the Jesuits in Rome were great with the Spanish Ambassa­dor Leger there, and had great recourse unto him, when the Matter was on foot, doth not this then urge them to be Concurrers thereunto?

Fourthly, It is likewise most certain, that the English Jesuits in Rome, appropriated cer­tain Pallaces in London to themselves, to fall unto their Lots (when the Matter was in hand­ling) to wit, Burghley-House, Bridewel, and another, which I have forgot, makeing them­selves cock sure of their already devoured Prey. This all the Students that lived in the Viz. The English Col­ledge at Rome. Colledge at that time will witness with [...]e, now would I demand of you, what reasons they might have to be their own Carve [...] [...] if they had not some Interest in that Affair?

Fifthly, We know that they were more forward in Rome concerning this Matter, than the Cardinal or any other; insomuch, as, at the first News of the Spaniards coming down into the narrow Seas, they would have had Te Deum sung in the Colledge for joy of Victory, if the Cardinal had not stayed it.

And to conclude, Doth not the posting of Father Parsons into Spain, presently after the Overthrow of this Army, for further dealing with the Spaniard for the time to come, and his better information in English Affairs; and Father Holt posting into the Low-Countries, for the like Purpose, to keep the Spaniard still in hope of future times, that this Mishap might not withdraw him from ever enterprizing the like afterwards, shew, that they were Dealers in the former? Doubtless all these Circumstances cannot but sufficiently prove it, that they were, in the Judgment of wise Men.

Foulis Hist. l. 7. cap. 7. f. 354.This Grand Invasion of the Spaniards, so contrived and carried on by the Pope, Spa­niard, English Fugities, Priests and Jesuits, being ruined and brought to nought, Eng­land might now afford it self some ease, her Enemies not being able on a sudden to recruit their great Losses, this Defeat in a manner breaking their Back, and cracking the Credit of Philip. But as by degrees he recovered, so by the Instigation of the English Fugitives, was he perswaded to carry on the same ill Will towards the Queen of England; Camb. Annals f. 457. Bakers Chron. f. 379. the first step that is set, is to send over English Priests, who crept every day privately into England in great Numbers, from the Seminaries of Rome, France and Spain (for the Spaniard had lately founded a Seminary for the English at Validolid) who laboured to draw the Subjects from their Obedience to the Queen, and to unite them to the Spaniards Party, which being discovered, the Queen put out a Proclama­tion, that none should harbour any man whatsoever, but upon Enquiry first made who he was, whether he came to Prayers in the Church, upon what Means he lived, where he dwelt the Year before, and other like Circumstances, that they who could not answer these Interrogatories, should be sent to Commissioners ap­pointed in every Shire, least the Common-wealth should receive any Da­mage.

[Page 65]Notwithstanding this Proclamation, and the severity of the Laws, one Hesket, who was set on by Sir William Stanley before named, undertook to persuade Ferdinand Lord Strange (who a little after by the Death of his Father Henry, Heskets Plot to depose the Queen and set up the Lord Strange. Fowlis Hist. l. 7. c. 7. f. 354. Camb. Annals l. 4. f. 477. became Earl of Darby) to depose the Queen, and take upon him the Title of the Crown, making pedegrees for him, drawing his pretended right from Mary his great Grand-mother, Daughter to Henry the 7 th. And for a better encouragement, they gave him large promises of as­sistance of Men, and Mony from the Spaniard, but withal threatning him with assured destruction, unless he would undertake the design, and conceal it, but the Earl, far contrary to their expectation, discovers Hesket, who confessing all, is executed.

This failing we have another more dangerous, Lopez his Treason against Queen Eliz. Camb. Annals l. 4. f. 484. Fowlis l. 7. c. 7. f. 354. Bakers Chron. f. 381. set on by persons of the highest Rank, but it seems not unworthy the basest Action, of whom any Religion might be justly ashamed.

As a Prologue to this, we may understand, that Don Sebastian the forward King of Portugal, having ruined himself in the Affrican Expedition, and his great Uncle Cardinal Henry succeeding him in the Kingdoms, and Dying unmarried, several made claim to the Portugal Crown. Amongst the rest, Don Antonio, Prior of Crato, natural Son to Lewis Brother to Henry. To him, being a Portuguese, many of the People bare an affection; so that at last, the rest let their Titles sleep, and the quarrel only remained between Philip the II. of Spain, and this Antonio. But Philip having the longest Sword, under the Conduct of Alva, wan the Kingdom; so that Antonio was forced to flee for refuge to our Queen Elizabeth, who afforded him some assistance and favour; by which means and protection, many Portuguese Ship't themselves for England, where they were received as friends, with all respect and honour. Amongst the rest was Roderigo Lopez a Jewish Physician, whom the Queen entertained in her own Service, making him Physician to her Houshold; and Stephano Ferreira de Gama, with Emanuel Loisie. These three were enticed by the Spaniard to undertake the Murther of the Queen, for which they were promised great rewards, but Lopez was to be the main instrument.

Lopez confessed that of late years he had been allured to do service secretly to the King of Spain, which he did by means of one Manuel Andrada a Portugal, Lopez his Confession. an Agitator under Don Bernardino Mendoza, the Spanish Ambassador in France.

2. That the said Andrada brought him from Christophero de Mora (a Portuguese but a great favorite of King Philips and an especial instrument for reducing Portugal under the Spanish Crown) a Rich Jewel an encouragement from Philip himself.

3. That he was informed of the King of Spains hopes of him, not only by Andra­da, but by Roderique Marques a Portuguese also, but employed by the Spaniard on such wicked designs.

4. That he the said Lopez did assent to these wicked Councels.

5. That he did secretly advertise the Spaniards divers times of such affairs of the Queens as he could learn.

6. That he did also assent to take away the Queens Life by Poyson, upon a reward promised him of 50000 Crowns.

7. That he sent Andrada to confer with Count Fuentez about it.

8. That he directed Stephano Ferreira de Gama, to write Letters to Stephano Iberra, that he would undertake, as he had promised, to destroy the Queen by Poyson, provi­ded that he might have the said 50000 Crowns.

9. That he sent these Letters by one Gomez Davilla a Portugal, that the reason why the Murther was not Executed according to promise was, because he perceived the delivery of the 50000 Crowns defer'd, tho promised him from day to day.

That to take away this delay of the Execution, Count Fuentez, by the King of Spains Order, did sign and deliver Bills of Exchange for the said Mony. A Nunnery founded with the very Mony that was given to Poyson Queen Eliz. Tho Robinsons Anatomy of the Nunnery of Lisborn. p. 9. ^*

[Page 66]These Plots and Conspiracies against the Queens Person, and for the Extirpating Heresie (as they called the Protestant Religion) moved the Queen to call a Parliament, which she did in the thirty fifth Year of her Reign, A Parliament called to secure the Queens Person and the Protestant Re­ligion against the Plots and Conspiracies of the Papists. and recommended the preservation of her Person, and the Protestant Religion to them, that they would put her into a posture of defending her self, and these Kingdoms against any further attempts that might be made by the Pope, the Spaniard, or any other, which was done by giving her large supplies, and making an additional Act to the many that had been before made against the Papists; which is Intituled, an Act for restraining of Popish recusants, to some certain places of abode. The preamble runs thus: For the better discovering, and avoiding all Traiterous and most dangerous conspiracies, and attempts, as are daily devised, and practised against our most Gracious Soveraign Lady the Queens Majesty, 35. Eliz. c. 2. Rast. Stat. part. 2. f. 399. Papists not to remove above 5 miles from the place of their abode. and the happy State of this Common-weal; by sundry wicked and seditious Persons, who terming themselves Catholics, and being indeed Spies and Intelligencers, not only for her Majesties Foreign Enemies, but also for Rebellious and Trayterous Subjects, Born within her Highnesses Realms and Dominions, and hiding their most detestable and divelish purposes, under a false pretext of Religion and Con­science, do secretly wander, and shift, from place to place, within this Realm, to corrupt and seduce her Majesties Subjects, and to stir them to Sedition and Rebellion.

Then it is enacted, that every Papist Convict, dwelling or having a place of abode; should repair to such his dwelling house, or place of abode, and not remove above five miles from thence, upon the penalty of forfeiting his Goods and Chattels absolutely, and his Lands, Tenements and Hereditaments, and his Annuities during his Life, and they that have none are to re­pair to the places where they were Born, or where their Father or Mother should be living upon the same penalty.

Popish Coppy-holders convict to forfeit their Coppy-hold to the Lord, if he be not a Papist, if he be a Papist, then to the Queen.

Papists shall notifie their coming, within Twenty days after their coming, and present themselves, and deliver their true Names in writing to the Minister, or Curate and Constable, &c. which is to be certified to the Sessions, and Inrolled there.

All Persons, not being Feme Covert, and not having Free hold Lands of twenty Marks per annum above all charges, or Goods and Chattels above the vallue of Forty Pounds: If they do not obey this Act by repairing to their places of abode, &c. shall abjure the Realm, and the abjuration shall be entred on Record and certified: Refusing to abjure, or after abjuration, not going away within the time appointed, is made Felony. A Jesuit Seminary, or Massing Priest, refusing to Answer directly, whether he be so or no, shall be imprisoned till he do make An­swer: There is a saving in the Act to Persons Licensed, or Commanded by the Kings Process, or bound to yield their Persons to the Sheriff: Ʋpon open submission, the offendor is to be dis­charged, the submission to be entred into a Book by the Minister; he that relapseth, shall be in the same condition he was before such submission: Married Women are bound by this Act save in the Case of abjuration.

Cullens Trea­son. Foulis Hist. l. 7. c. 7. f. 356.At the same time that Lopez was dealing withal about the Queens Murther, the Pa­pists to make more sure, persuaded one Patrick Cullen an Irishman, and a Fencer, to com­mit the same Villany against her Royal Person: In this Treason Stanley was very active, who with Sherwood and Holt, two Jesuits, confirmed him in the lawfulness of the action, giving him thirty Pounds towards his Journey into England (being then in the Low-Countries,) but he was taken, confessed all, and is Executed.

York and Williams Con­spiracy to kill the Queen. Fouils Hist. l. 7. c. 7. f. 356. Camb. Annals f. 495. Bakers Chron. 382. Their Confessi­on.The English fugitives beyond Seas, persuaded one Edmund York and one Richard Williams with others to kill the Queen: And this wicked Treason was agitated the same time, that Lopez and Cullen were consulting about theirs: But these Traytors were also seized on, and suffer'd: The truth of which Conspiracy appears from their own confession, which take as followeth.

1. They confessed, that for an encouragement; Hugh Owen (a noted Traytor) at Bruxells, had an assignation subscribed by Ibara, the Spanish Secretary, of 40000 Crowns to be given them, if they would kill the Queen.

2. That the said assignation was delivered to Holt the Jesuit, who shewed also the same to York, and produced the Sacrament and kissed it, swearing that he would pay the said Monies when the Murther was committed.

3. That Stanley did earnestly persuade York to undertake it, animating him with the example of his Uncle Rowland.

4. That to forward the Plot, there were several consultations: Holt the Jesuit sitting as President.

[Page 67]5. That Holt said, if the design failed, they would then employ no more English, but Strangers.

6. That at these Consultations, there used several to be present; as Thomas Throg­morton, Charles Paget, Hugh Owen, Dr. William Gifford, the finisher of Calvino Turcissimus of whose Treasons we have heard formerly, Dr. Thomas Worthington the chief promoter of the Doway Bill, adding some notes to it: He also turned Bristowes Motives into Latin, and in his Old Age, turned Jesuit at Rome.

7. It was also confessed, that there were designed to come into England, to attempt her Death; one Tipping an Englishman, one Edmund Garret at Ensign, with a Walloon, and a Burgundian.

8. That one Young had undertaken a Treasonable action too.

9. It was also confessed, that these three, York, Williams and Young, determined at their coming to England, to have put themselves into the Service of some great No­blemen of the Queens Councel, thereby to have free access to the Court, and every one of them to seek their opportunities.

10. That Williams, through zeal to the Cause, had wished his Sword in the Queens Gutts.

11. That they had vowed, come what will of it, to be the Death of Her: And how furious and abominable James Arthur the Irish Jesuit and others were in this parricide; Antilogia, c. 8. f. 116, to 121. Dr. Robert Abbot (a little after Bishop of Salisbury) hath abundant­ly from their Confessions, confuted the impudent Andraeas Endaemon-Joannes and sa­tisfied all Foreigners.

There were three Brothers of Norfolk all Jesuits, viz. Henry, Mi­chael and Richard Wal­pools, Robert Abbot, Anti­log. f. 122, 123. Walpool a Jesuit meets with one William Squire in Spain, and procures him, Walpools Con­spiracy with Squire against the Queens Life. as an Heretick, to be put into the Inquisition, where with afflictions and fair Speeches, he drew him to be a Zealous Romanist.

This done, he persuades him to kill the Queen; commends the Action to him as pious and meritorious, offers him large promises, and at last Squire is fully persuaded, and undertakes the Murther. At this, the Jesuit Walpool rejoyceth, hugs and encourageth him, binds him by several Oaths, under pain of Damnation to be secret, and per­form his promises, and not to fear Death: for, said he, What doth it profit a Man to gain the whole World, and loose his own Soul? Assuring him, if he did but once doubt of the lawfulness and justness of the Action, that mistrust would be enough to Damn him, such a sin being seldom pardoned.

This said, he embraceth him, then throwing his left Arm about Squires Neck; so hugging him with his right-hand, he makes the sign of the Cross upon Squires Fore­head; thus Blessing him, God Bless thee my Son, and strengthen thee, be of good Chear; I will pawn my Soul for thine, and thou shalt always have the benefit of my Prayers; and whither thou livest or dyest, thou shalt enjoy a full pardon and remission of all thy Sns. And another time thus encourageth him: There is one thing necessary, which if thou prefer before all other things, and dost fulfil it, I have my desire, and thou shalt be a glorious Saint in Heaven.

Squire thus divelishly resolved, gets into England, goes to Greenwich, where the Court then was, watcheth opportunity; and being inform'd that the Queen was to Ride abroad, goeth to her Horse, holdeth him according to his place; and cunningly puts strong Poyson upon the pumel of the Saddle; yet saying with a loud Voice, as she mounted, God save the Queen. But such was the providence; that her Majesty, neither in getting up, riding, or going down, once touched the Pumel; yet he doubted not, but that in time it would work the intended ruin, fully persuaded the Queen had laid her hands on it.

Of this Poyson, being great expectation amongst some, and seeing no signs of any such effect, they became incensed against Squire, thinking that he had left them and the Cause in the lurch, and meerly deluded them: Thus jealous and enraged, a revenge is resolved on, and Squire cunningly accused of some design against the Queen, Squire, upon the noise, is Examined, and wondring how any thing should be known against him, yet suspecting Walpool his confession, and believing all was fully discovered, free­ly confesseth all as above is said; so, as a Traytor, is Condemned and Executed. I shall close my account of the History of making the Penal Laws in this Queens Reign, with the words of the secular Priests in their important considerations relating to what the Papists did, and writ, from 1588 to the end of her Reign; whereby they justyfie the Queen, and lay blame on the Jesuits.

[Page 68]But now we are come to the Year 1588. and to that most Bloody attempt, not only against Her Majesty and our common Enemies, but against our selves, all Catholics: The Secular Priests confess all the matters before related to be true. Collection, f. 46. Nay, against this flourishing Kingdom and our Native Country. The Memory of which attempt will be (as we trust) an ever-lasting monument of Jesuiti­cal Treason and Cruelty.

Then reckoning up the Treasons from 1580. to 1590. ‘Let us consider, say they, how we our selves all this while have been dealt with, such or us as remained in Prison at Wisbich, (and were committed thither, 1580. and others not long after commit­ted also thither, Collect. f. 94. to the number of about thirty three or thirty four) continued still in the several times of all the said most wicked designments as we were before, and we were never brought into any trouble for them, but lived there Colledge-like, with­out any want, and in good reputation with our Neighbours that were Catholics about us. It is true, that towards the number of 50. (as our Memory serveth us) Priests and Catholics of all sorts, within the Compass of the said ten Years were put to Death; we say, upon our knowledges (concerning the most of them) for their Consciences; but our Adversaries (as they think) do still affirm for Treason: Such Priests as in their Examination were found any thing moderate, were not so hardly proceeded with insomuch as 55. (to our remembrance) that by the Laws (we acknowledge) might have been put to Death, Camb. saith 70. Annals f. 295. were in one Year, viz. 1585. (what time great Mischiefs were in hand) spared from that extremity, and only ba­nished: which fact, howsoever some have written of it; the Parties themselves ac­counted it for a great benefit, and so would they also have done (we doubt not of it) if they had been of that number. Whereas therefore Mr. Parsons (as we think) exclaimeth in a Pamphlet set out shortly after; saying, where are now the Old Tyrants of the World: Nero, Decius, Dioclesian, Maxentius and the rest of the great Persecutors of the Christians? Where is Genserick and Henricus with their Arian Hereticks alluding to the State. Here we think both him and divers others that have written to the same effect, very greatly to blame. Sure we are, that the general Cause of Religion, for the which both we and they contend (as oft we have said) getteth no good but hurt by it; and contrary to the Old saying (be he never so bad, yet let him have Justice,) tho some hard Courses have been taken by the State against us, yet hath it not by many degrees been so extream as the Jesuits and that Crue have falsely written and reported of it (nor indeed as they deserved.)’

Afterwards they inveigh against the Spanish Invasion, against Parsons for a Book he writ, and against him and Creswel, for another they writ, they go on thus: ‘Whilst the said Invasion was thus talked of, and in preparation in Spain, a shorter course was thought of, Heskets Plot. it might have had success. Mr. Hesket was set on by the Jesuits, 1592. or there­abouts with Father Parsons consent or knowledge, to have stirred up the Earl of Darby to Rebellion against Her Highness.’

‘ Cullen.Not long after good Father Holt and others with him, persuaded an Irish-man one Patrick Collen (as he himself confessed) to attempt the laying his violent and villanous hands upon Her Majesty. Shortly after in the Year 1593. that Notable Stratagem was Plotted (the whole State knoweth by whom) for Dr. Lopez the Queens Physi­cian to have Poysoned her, Lopez. for the which he was Executed the Year after. This wicked designment being thus prevented by Gods providence, the said Traiterous Je­suit, York and Williams. Holt and others did allure and animate one York and Williams, to have accompli­shed that with their Bloody hands, that the other purposed to have done with his Poyson; we mean Her Majesties destruction. Hereunto we might add the late Villanous attempt 1599. of Edward Squire animated and drawn thereto (as he con­fessed) by Wallpool that pernicious Jesuit. Walpool. But we must turn again to Father Parsons, whose turnings and doublings are such as would trouble a right good Hound to Trace him. For in the mean time, that the said Traytors one after another, were Plotting and Studying how best they might compass Her Majesties Death; they cared not how nor by what means, he the said Father Parsons so prevailed with the King, as he attempted twice in two sundry Years, his new Invasion, meaning to have proceeded therein, The Spaniard designed a Se­cond Invasion. not with such great preparation as he did at the first, but only to have begun the same, by taking some Port Westward. Towards which he came so far onward as Silley with his Fleet. At both which times, God who still hath fought for her Majesty and this Realm; did notably prevent him, by such Winds and Tempests, as the most of his Ships and Men perished in the Sea as they were coming hitherward.’

‘Furthermore, the said good Father in the midst of all the said Trayterous enter­prizes both at home and abroad, (devised and set forward by him and his Companions) [Page 69] was ploding amongst his Papers, and playing the herauld; how, if all his said wicked designments failed, he might at the last Intitle the King of Spain, and consequently the Infanta his Daughter to the Crown and Kingdom of England. To which pur­pose he framed, and after published a Book,’ wherewith he acquainted the Students in those Seminaries in Spain, and Laboured nothing more, then to have their subscrip­tions to the said Infanta's Title, therein promissing unto her their present Allegiance, as unto their lawful Soveraign; and that when they should be sent into their Country, they should per­swade the Catholics there to do the like, without any further Expectation of the Queen of Englands Death. ‘As Mr. Charles Paget affirmeth in his Book against Parsons.’

They confess in these words: ‘That the Jesuitical designments beyond the Seas, Collect. 53, 54. together with certain Rebellions and Traiterous attempts of some Catholics at home, have been the cause of such Calamities and troubles as have happened to us far less (we think) then any Prince living in Her Majesties Case, and so provoked, would have inflicted upon us. And after they tell us, that divers of their Communion have owned so much. I shall conclude this Reign with these words of theirs which fully justifie the making the Laws that were made in it.’

‘We are fully persuaded in our Consciences; and as Men, besides our Learning, Collect. 55, 56 57. who have some experience, that if the Catholics had never sought, by indirect means, to have vexed Her Majesty with their designments against her Crown; if the Pope and King of Spain had never plotted with the Duke of Norfolk: If the Rebels in the North, had never been heard of; if the Bull of Pius the V. had never been known; if the said Rebellion had never been justified: If neither Steukly nor the Pope had attempted any thing against Ireland, if Gregory the Thirteenth had not renew­ed the said Excommunication, if the Jesuits had never come into England, if the Pope and the King of Spain had not practised with the Duke of Guise for his attempt against Her Majesty, if Parsons and the rest of the Jesuits, with other our Country­men beyond Seas, had never been agents in these Traiterous and Bloody designments of Throckmorton, Parry, Collen, York, Willians, Squire and such like, if they had not by their Treatises and writings endeavoured to defame their Soveraign and their own Country, labouring to have many of their Books Translated into divers Lan­guages, thereby to shew more their own disloyalty: if Cardinal Allen and Parsons had not published the Renovation of the said Bull by Sixtus Quintus; if thereunto they had not added their scurrillous and unmanly Admonition, or rather most Prophane Libel against Her Majesty; if they had not sought by false persuasions, and ungod­ly Arguments to have allured the Hearts of Catholics from their Allegiance, if the Pope had never been urged by them to have thrust the Kingdom of Spain into that Barbarous Action against the Realm, if they themselves with the rest of that gene­ration, had not laboured greatly with the said King for the Conquest and Invasion of this Land by the Spaniards, who are known to be the cruelest Tyrants that live up­on the Earth: If in all their Proceedings, they had not from time to time depraved, irritated and provoked both Her Majesty and the State, with these and other such like their ungodly and unchristian practices: But on the contrary, if the Popes from time to time had sought her Majesty, by kind Offices and gentle Persuasions, never ceasing the prosecution of those and such-like courses of humanity and gentleness, if the Catholics and Priests beyond the Seas had laboured continually the furtherance of those most Priest-like and Divine allurements, and had framed their own proceed­ings in all their words and writings accordingly, if we at home, all of us, both Priests and 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.’

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 Bo [...]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; [...]ir Edward Coke Attorny General to King James [...]e First, in o­ [...]ening the fact [...]f the Gun-Powder-Plot, at [...]he Tryal of [...]arnet the Je­ [...]ite, mentions [...]ese Treasons [...]nd Conspira­ [...]es. The Rela­ [...]tion of the [...]ryal was Prin­ [...]d Anno [...]606. which [...]eing taken ne­ [...]ce of whilst [...]hings were [...]resh in memo­ [...]y, gives the [...]reatest confir­ [...]ation to the [...]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 Impot [...]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 [Page 71] 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 undertook to take this rub out of the way, by killing the King, to which purpose he went for Scotland, but took England in his way. At London one Daniel an Italian Fencing Master, discovers the Plot to the Queen; she seized them, and sent them into Scotland: Mowbray supposed Guilty, is cast into Edenburgh Castle; whence thinking one Night to escape out of a Window by his Bed sheets, they proved too short, and he fell upon the Rocks and so dyed, his Body was hanged for sometime, then quartered, 1601. and set upon the Gates, and several places of the City.

This Design failing, another is in hand in Italy, A design to poy­son King James the First. Ferdinando I. the Grand Duke of Tuscany, by the intercepting some Letters, discovereth a Plot to poyson the said King James. The Duke, by what reasons induced, is not material, but 'tis conjectured, in hopes to convert him, ( rather pervert him) to the Romish Religion, resolved to disco­ver and prevent it. At this time one Mr. Henry Wotton sojourned in Florence, 1602. and was well acquainted with Seigniour Vietta, the Dukes Secretary; upon whose Commenda­tions Wotton is pitched on to be the Messenger. The Letters and excellent Antidotes against Poyson (such as were not then known in Scotland) were delivered to him, who disguised under an Italian Garb and Name of Octavio Baldi, hasteth into Scotland, cometh to the King, discovereth himself and the Conspiracy, and after some stay re­turneth to Florence, he was afterwards Knighted by King James.

As the Popes are never without Designs for promoting some of their Nephews, The Pope de­signs to exclude King James the First. so Clement the VIII. the then Pope, in these Designs against the said King James his succeeding Queen Elizabeth was not wanting, intending the Crown of England for some of his friends, and perceiving that some in England (English Papists to be sure) were tampering to promote the Interest of the Lady Arabella, in this case he thought it best to deal warily; he was very desirous that the Duke of Parma should wear the Crown of England, but finding that this was not feasible, by reason Arabella's Interest was too strong for him, he steers another course, and thinks of Cardinal Farnese, who being unmarried, might take to Wife Arabella, and so unite Forces and Interests to carry the Crown. To carry on this design, it was advised that all the Romanists in England should unite, that their Cause might not suffer by any dissentions about this Succession amongst themselves ( a good Caution may hence be given to all Protestants in England, that they do not divide upon their present Majesty's King William and Queen Mary's accession to the Crown; (who under God) are the preservers of the Protestant Religion amongst us; for vis unita fortior; and nothing but division can hurt us) to promote this union the Romish Clergy, who then had and still have a great awe and authority over the Layety, were exhorted by the Pope to be all of a Mind, as to this Succession, and to press it home upon the Layety, that so the Layety might not be divided. To which purpose it was concluded, that there should be an Arch Priest, who should have a Jurisdiction over the rest, who are to [...]it according to his Rules and Directions, and in these designs Father Parsons (who was not yet advanc'd according to his merit) was a main stickler and contri­ver, the Pope also had drawn up some Bulls, and sent to his Nuncio in the Netherlands to Divulge and spread them abroad at convenient times, wherein he declared, that not any, though never so near in blood, should after Queen Elizabeths death be admitted to the Crown, but such an one as would not only tollerate the Roman Religion, but would swear to promote and resettle it; and that in the mean time, Cardinal Farnese might, in this Island, have the greatest vogue, the Pope made him Protector of England ( as Pope Pius V. had before made Mary Queen of Scots, Queen of England to carry on the same design) as he was of other Countrys; Nay rather then fail, the same Pope had for­merly exhorted the French and Spaniards to unite, invade England and divide it be­tween [Page 72] them, nor did they neglect to instigate the Family of the Pools to have a Right.

Divers other Attempts were made by Winton, Desmond, and other Priests and Jesuits to exclude King James the First, but all proved abortive, as did the Treasons plotted against him, after his Accessions to the Throne.

Queen Eliza­beth's death Camb, Annals f. 651. Bakers Chron. f. 403.On the 24th of March 1603. the Virgin Queen Elizabeth, of every Glorious Me­mory, exchanged her corruptible for an incorruptible Crown, after she had Reigned Forty four Years and Four Months, and in the Seventieth Year of her Age, of whom her Successor gave this Character, that she was one, who in wisdom and felicity of Government, surpassed all the Princes since the days of Augustus.

King James the First Pro­claimed. Camb. Annals f. 661. Bakers Chron. f. 403. A Conspiracy against him.She being dead, some few hours after King James was Proclaimed King of England the First, of Scotland the Sixth, and no sooner is he set upon his Throne; even be­fore he could well get the Crown upon his Head, but we find a Plot laid against his Life; for though the Papists could not keep him from the Throne, they were resol­ved (if possible) that he should not sit long there. This Plot I must confess is ( prima facie) of a strange Complection; but when 'tis well viewed, if we look upon the Ma­jority of the Persons concerned, we shall find them to be Romish Priests and Lay Papists, and therefore, if a thing may take its denomination from the greater part, this may sure, and we may safely call it a Popish Conspiracy, for although some Protestants were inveigled into it; Yet they were the smaller number, and at that time under a discontent, Bakers Chron. f. 404. VVilsons Hi­story of Great Brittain f 4. which oftentimes carries Men beyond the Principles of their Religion, and to do things contrary to the Rules of right Reason. Whither their discontent was well grounded or not, is not my purpose to enquire; but taking it for granted they were Male-contents, I shall now give an account of who were Actors in this Design, and what the Design it self was.

The Names of the Conspira­tors. Fowlis Hist. li. 10. cap. 1. f. 499. VVilsons Hist. f. 4. Bakers Chron. f. 404.The main Actors in this Conspiracy were William Watson and Clark, who had both writ against the Jesuits for their Treasons and Conspiracies, Sir Griffin Markham, Count Aremberg, Ambassador from the Arch Duke of Austria, Mathew de Lawrency a Merchant but an Instrument employed by Aremberg, all zealous Papists, Sir Edward Parham a Pa­pist, Bartholomew Roskesby, and Anthony Coply, Papists, Henry Brook Lord Cobham, and George Brook his Brother, who seemed to be Protestants, Thomas Lord Grey of Wilton a Protestant 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 tur [...]

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. 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.

[Page 73] ‘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 Pardons 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 [Page 74] 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 [Page 75] 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 is the Center, and perfection of all things. For if they would leave and be ashamed of such new and gross Corruptions of theirs, as themselves cannot maintain, nor deny to be worthy of Reformation, I would for my own part be con­tent to meet them in the mid way, so that all Novelties might be renounced on either side: For as my Faith is the true Ancient and Apostolick Faith, grounded upon the express word of God; so will I ever yeild all reverence to Antiquity, in the points of Ecclesiastical Policy: And by that means shall I ever, with Gods Grace, keep my self from either being an Heretick in Faith, or Shismatick in Matters of Policy.’

‘But of one thing would I have the Papists of this Land to be admonished, that they presume not so much upon my Lenity (because I would be loath to be thought a Persecutor) as thereupon to think it lawful for them, daily to encrease their num­ber and strength in this Kingdom; whereby if not in my time, at least in the time of my Posterity, they may be in hope to erect their Religion again. No, As they were very lately. let them assure themselves, that as I am a Friend to their Persons, if they be good Subjects; so am I a vowed Enemy, and do denounce Mortal War to their Errors; And as I would be sorry to be driven, by their ill Behaviour, from the Protection and Con­servation of their Bodies and Lives; so I will never cease, as far as I can, Suffering the increase of Po­pery called by Jam. 1. a be­traying Eng­land and Scot­land. to tread down their Errors, and wrong Opinions. For I could not permit the increase and growing of their Religion, without betraying my self, and my own Conscience, and this whole Island, as well the part I am come from, as the part I remain in, in be­traying their Liberties, and reducing them to the former slavish Yoke, which both had cast off before I came among them, as also the Liberty of the Crown in my Po­sterity, which I should leave again under a new Slavery, being left free to me by my Predecessors. And therefore I would wish all good Subjects, that are deceived with this Corruption, if they find any beginnings in themselves, of Knowledge, and Love to the truth, to foster the same by all lawful Means, and to beware of quench­ing the Spirit that worketh within them. And if they can find as yet no Motion tending that way, to be studious to read and confer with Learned men, and to use all such means as may further their resolutions; assuring them, that as long as they are disconformable in Religion to us, they cannot be but half my Subjects, be able to do but half service, and I shall want the best half of them, which is their Souls.’ After which, the Parliament considering the said Proclamation and Speech, and that notwithstanding, the Jesuites, and Seminary Priests flockt over in great numbers into England, made an Act of Parliament; intituled, 1 Jac. cap. 4. Rast. Stat. 2. part. f. 550. An Act for the due Execution of the Statutes against Jesuites, Seminary Priests, Recusants, &c. By which it is Enacted,

[Page 76] THat all Statutes made against Iesuites, Priests and Recusants should be put in due Execution, but conforming himself, should be discharged. If the Heir of Pa­pists be a Protestant, An Act for put­ing the Laws against Papists in Execution, and for punish­ing the Heirs of Papists. he shall be discharged of all the Penalties, Charges and In­cumbrances happening upon Him or Her, in respect, or by reason of any of His or Her Ancestors Recusancy: But if the Heir of a Papist shall happen to be within the Age of sixteen Years, at the time of the Death of his Ancestor, and shall after such Age be or become a Papist, such Heir shall not be freed of the Penalty, &c. Unless He or She Conforms; that the two parts of a Papists Lands shall go towards the satisfaction of the twenty pounds per Month forfeiture, and after his Death shall remain in the Kings hands until the Arrears be satisfied, that none shall send or cause to be sent, any Person to any Colledge, Seminary, or house of Iesuites, Priests or any other Papist, Popish Order, Professing or Calling whatso­ever, upon the Penalty of a hundred Pound forfeiture; they that go or are sent, are disabled to inherit, purchase, take, have, or enjoy, any Estate whatever real or personal; and all Estates or Terms, conveyed to their Vse or in Trust for them are thereby made void and null. That no Woman or Child under the Age of 21 Years shall go beyond Seas, without License of the King, or of six of the Privy Councel, first had under their hands, the Officer of the Port that suffers such to pass, forfeits his Office and all his Goods and Chattels, the Owner of the Ship, his Ship and Tackle, and the Master and Marriners their Goods, and shall suffer twelve Months imprisonment without Bayl, or Main prize. Keeping School con­trary to the Act, forty Shillings forfeiture.

The Gunpow­der-Treason in 1604.King James having by his Proclamation before the Parliament met, and in his Speech at the opening of the Parliament, thus freely declared against the Papists, especially the Priests and Jesuites, and the Parliament having made the said Law against them, and they dispairing of any Tolleration in Matters of Religion, which they had Petitioned for, now to their old Work of Plotting again, and a Plot they laid, they did I say? It was of that Nature, that it is next to incredible, that such a Complicated Villany, should ever enter into the heart of Man, quà Rational, much more, quà Christian; but one would rather think, it had been the product of a Consult in Hell, amongst the Devils themselves, and (if degrees of wickedness can be allowed to be there) amongst the worst of Devils too.

The Plot it self Foulis Hist. l. 10. cap. 2. f. 507. Wilsons Hist. f. 28. Bakers Chron. f. 507. The Actors in it.The Plot was this, with one blow to destroy King, Queen, Prince, Nobles and Commons who were not Papists, this is designed to be effected, by blowing up the Par­liament House, when the King and Parliament were sitting, and killing those of them who were not in the House.

The Persons concerned in this Plot were Robert Catesby, the Contriver hereof, Henry Garnet, John Gerrard, Oswald Tesmond, and other Jesuites, the Advisers thereto, Thomas Piercy, Robert Winter, John Grant, Ambrose Rookwood, John Wright, Francis Tresham, Sir Everard Digby, Guy Fauks, Robert Keys, Thomas Bates and others, Assistants in carrying it on.

To carry on this Design when it was laid, first an Oath of Secrecy was compiled, and afterwards the Conspirators took the same, and not only so, but Garnet confest them, and they afterwards received the Sacraments, to bind them to the greater Se­crecy; the Oath was this.

You shall swear by the Blessed Trinity, and by the Sacrament you now purpose to receive never to disclose directly or indirectly, 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.

[Page 77]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.

[Page 78] 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 in one Week, viz. in May 1606, who though he won his Wager, yet was a Looser, never getting his Winnings.

Piercy Wright, &c. who now lurked about London to expect the fatal Blow, in­formed of the Discovery, takes Horse, making what haste they can to their Compani­ons, appointed to be at the Rendezvous on Dunsmore; in brief, according to their Abi­lities, they run into open Rebellion, but to their own Destruction. The high Sheriffs, with other Magistrates and Loyal Subjects, so hunting them, that they were either all dispersed, slain or taken, and the Chief of them afterwards condemned and exe­cuted.

Proceedings a­gainst Garnet and his Confe­derates; print­ed by Robert Barker, Prin­te [...] to the Kings most excellent Majesty, 1606. to prevent un­true and inco­herent Reports and Relations of their Tryals, as the Epistle to the Book in­forms us.And for the Confirmation of the Truth of these things, I shall here insert the Heads of Sir Edward Coke's Speech, at the Tryal of Robert Winter, and divers others for their Treason, in Westminster-Hall, before the Earl of Nottingham, the Earl of Suffolk, the Earl of Worcester, the Earl of Devonshire, the Earl of Northampton, the Earl of Salis­bury, the Lord Chief Justice of England, the Lord Chief Baron of the Exchequer, Sir Peter Warburton Knight, one of the Justices of the Court of Common-Pleas, Lords Commissioners for that purpose.

On the 27 th. of January 1605. were arraigned upon one Indictment, Robert Win­ter Esq Thomas Winter Gent. Guy Fawks Gent. John Garnet Esq Ambrose Rookwood Esq Robert Keys Gent. and Thomas Bates; upon another Indictment, Sir Everard Digby. At the Tryal of Winter and the rest, upon the first Indictment, The Heads of the Speech of Sir Edward Coke, at the Tryal of some of the Conspi­rators. Sir Edward Coke, than Attorney General, made a very long and learned Speech, wherein he first answered the Clamor that the Papists and their Adherents had then made, because they were not sooner tryed. Then he opened the Hainousness of the Crime in all the Ag­gravating Circumstances of it. He said, that as the Powder-Treason was of its self prodigi­ous and unnatural, so was it in its Conception and Birth most monstrous, as arising out of the dead Ashes of former Treasons; and then takes notice of very many, if not all the Treasons before mentioned; I think in this Speech, and the Speech he made at Garnets Tryal, all, I am sure the most, are taken in. He then considered the Powder-Plot it self, with regard to the Persons by whom the same was conspired: And they were Clergy and Laity of the Roman Communion. The Laity, Gentlemen of good Houses, of excellent Parts, however most perniciously seduced, abused, cor­rupted and Jesuited, of very competent Fortunes and Estates. It being then said, that there was never a Religious Man in the Action; saith he, in answer, I never yet knew a Treason without a Romish Priest, and names, as ingaged in this, Henry Garnet, alias Wally, the Superior of the Jesuits, Legier here in England; Father Creswel, Legier Jesuit in Spain; Father Baldwin, Legier in Flanders, as Parsons at Rome, be­sides their Cursory Men, as Gerrard, Oswald, Tesmond, alias Greenway, Hamond and Hall; then he opened the Doctrines and Practices of the Jesuits and o­ther Priests of the Romish Church, which he proves from Simanca, Creswels, Phi­lopater and other Books. Then he considered the Persons against whom this Treason [Page 79] was conspired; the King, the Queen, the Royal Issue Male, the most honourable and prudent Councellors, and all the true hearted and worthy Nobles, all the Reverend and Learned Bishops, all the Grave Judges, and Sages of the Law, all the principal Knights, Citizens and Burgeesss of Parliament, the Flower of the whole Realm. Then he considered, that this was designed, notwithstanding the King had used so great Le­nity toward the Papists, that by the space of a whole Year and four Months, he took no Penalties of them due upon the Statutes; and besides this, divers of the Papists were greatly preferred. Then he considered the House of Parliament, which they pretended they chose, because there the Penal Laws were made against them; which he answered, by briefly showing what Laws were made against them, and that their own Treasons were the true Grounds of making them. Then he considered the End of this Conspiracy, which was to bring a final and fatal Confusion upon the State, and this is to be effected by damnable Means, by mineing, by thirty six Barrels of Powder, having Crows of Iron, Stone and Wood laid upon the Barrels, to have made the Breach the greater. Then he considered the Secresie of the Contrivance and Car­riage of this Treason, in three Respects; the first, that Catesby had Recommendation for a Regiment of Horse in the Low-Countries, that under that Pretence, he might furnish this Treason with Horse without Suspicion. The Second was, the Oath be­fore mentioned. The Third, the Sacrament. He then took notice of the admirable Discovery of this Treason, and proceeded to make nine several Observations upon the whole, which were these: First, The Mine had never been discovered, had not the Cellar been hired. 2. The Kings Directing the Search to be made there, from those dark Words, A Terrible Blow. 3. Catesby, Rookwood and Grants, their narrow Escapes, having a few Days before they were taken, been in very great Danger of being blown up by Gun-powder. 4. Gun-powder was the Invention of a Fryar. 5. Binham was sent to the Pope, to give notice of this Blow, and to crave his Directi­on and Aid. 6. Notwithstanding their rising in open Rebellion, and giving out, that the Catholics Throats would be cut, not one Man came in to take their Parts, but their own Company. 7. The Sheriff immediately supprest them. 8. The Discove­ry was made a few hours before it was to have been put in Execution. 9. That there never was any Protestant Minister in any Treason and Murther that had been then attempted within the Realm. Then he compared this Plot with that of Raleigh and Watson and Clark. 1. They had both one end. 2. Both to be effected by Po­pish and discontented Persons, Priests and Laymen. 3. They all played at Hazzard, the Priests were at the By, Raleigh at the Main, but these in at all, purposing to de­stroy King, Issue, whole State. 4. All obliged by the same Oath and Sacrament. 5. The same Proclamation (after the Fact) for Reformation of Abuses. 6. The like Army provided for Invading. 7. The same Pension of Crows promised. 8. The Agreeing of the Times, which was when the Constable of Spain was coming hi­ther, which was intended a Colour to the Invasion, that it might not be sus­pected.

After Sir Edward Coke had ended his Speech, The Evidence against the Traitors. the Examinations of Winter and the rest, subscribed by themselves, were shown particularly to every one of them, and acknowledged by them to be their own, and true; and in their Examinations, every one had confest the Treason, which Confessions were afterwards openly and distinctly read; by which it appeared, that Bates was resolved for what he undertook in this Pow­der-Treason, being therein warranted by the Jesuits. Also that Hamond the Jesuite, the 7 th. of November, after the Discovery, confest and absolved them. The Confessions of Watson and Clark, Seminary Priests, upon their Apprehension, was also taken no­tice of, who affirmed, that there was some Treason intended by the Jesuits, and then in hand.

After the reading their several Examinations, Confessions, Their Con­viction, Con­demnation, and Execution. and voluntary Declarati­ons, as well of themselves, as of some of their dead Confederates, they were all found guilty, and having nothing to say for themselves, were comdemned and exe­cuted.

[Page 80]Sir Everad Digby having likewise confest the same, was found guilty, condemned, and executed for the same Treason.

Garnets Ar­raignment, Try­al and Confes­on. Proceed­ings printed in 1606. Foulis l. 10. c. 2. f. 514, 517. Henry Garnet, Superior of the Jesuits in England, was arraigned and tryed for the same Treason, on Friday the 28 th. of March 1606. at Guild Hall in London, before Sir Leonard Holiday Lord Mayor, the Earl of Nottingham, the Earl of Suffolk, the Earl of Worcester, the Earl of Northampton, the Earl of Salisbury, the Lord Chief Justice of Eng­land, the Lord Chief Baron of the Exchequer, Sir Christopher Yelverton Knight, one of his Majesties Justices of the Kings-Bench, Lords Commissioners for that purpose. He was a grand Agitator in this Plot, and did himself at last confess thus much, That Catesby had told him of the Plot, but not by way of Confession; that Greenwel had told him of this, not as a Fault ( for how could they do so, that approved it as meritorious) but as a thing that he had Intelligence of, and told it him by way of Consultation; that Catesby and Greenwel came together to him to be resolved; that Tesmond and he had Conference of the Particulars of the Powder-Treason in Essex; that Greenwel asked him who should be Protector? Garnet said, that was to be deferred till the Blow was past; that he ought to have revealed it to the King; that nothing deterred him from the Discovery so much, as his Unwillingness to betray Catesby; that he had greatly sin­ned against God, the King and the Kingdom, in not revealing it, of whom he heartily begged Pardon and Forgiveness.

Garnet Con­demned and Ex­ecuted. Foulis Hist. lib. 10. cap. 2. f. 514. Proceedings.And for this Treason he was condemned, and after his Condemnation, he himself said, That the Sentence was justly passed on him. The third of May following, he was executed at the West End of St. Paul's Church-Yard, where he appeared in a troubled and amazed Condition, still prying and peeping about for a Pardon, although Henry Montague, Recorder of the City, pitying his Perplexedness, assured him there would be none granted. And thus died this Garnet, after he had confirmed the Matters contained in the Confessions of them that had been before executed, by this Confessi­on of his own.

And that none that are willing to receive Truth, as it is, which ingenuous Men always are, may remain in doubt, take the true reason of his Confession from himself at Foulis relates it.

The reason of Garnets Con­fession. Foulis Hist. lib. 10. cap. 2. f. 515.The Jesuits being not a little offended, that he should any way confess himself guilty which with some might be a Blot, both to himself and their Order; Garnet, to vin­dicate himself to them, and to shew the Folly of denying any longer, thus writes to them— What should I do? First of all, the rest of the Confederates have accused me. Secondly, Catesby always made use of my Authority amongst them, whereby most of them were perswaded to have a good Opinion of the Enterprize; so that all knew I was in it. Thirdly, two (set on purpose) heard me discourse the whole business with Oldcorn, and tell him how I thought to answer all Objections. Fourthly, My Letters writ with the Juice of Orange to Mrs. Anne, Anne Vaux. are (I know not how) fallen into their Hands, whereby I plainly enough discovered my Knowledge of it. Whence I gather, that the Jesuits did sufficiently tamper with him to conceal his Guilt, and that he would have concealed it if he could; and all that have writ in Justification of him, are sufficiently answered by his own Con­fession; and the four Reasons above mentioned, that induced him thereunto, to which add his further Confession— That he had often vowed, both by Words and Writings, to the Lay Conspirators, that he would never discover or betray any of them; and his acknow­ledging his Offence, wishing it were in his Power to undo that which was done, and that if the whole World were his, he would willingly give it to quit himself from the Guilt of Treason, which now troubled his Conscience. Moreover, he himself owned in a Letter to Mrs Anne Vaux, That he was sorry he could not die for Religion, but for Treasons. These Instances are, certainly, sufficient to convince any unbyassed Reader; but to put the Matter out of doubt and (if it be possible) to convince even the Papists. Thuanus himself, one of their own Communion, Privy-Councellor to the French King, and President of the Supream Senate of that Kingdom, was so fully convinced of the Truth of this Conspiracy, and that all the Conspirators before named were ingaged in it, that he writ a most ingenu­ous Narrative of the whole in Latin, which was in the year 1674. faithfully rendred into English, and printed; where the Papists that do not understand Latine, may, if they please, receive ample Satisfaction.

[Page 81]So detestable, it seems, this Conspiracy was to some of the English Colledge at Rome, that being informed of the Discovery of this Plot, sixteen of them (abhorring such jugling and bloody Designs) forsook the Colledge, slipt into France, Translation of Thuanus, f. 1. and thence some of them came into England and turned Protestants. But nothing will convince some Papists, for notwithstanding all the Confessions aforesaid, and Convictions, Foulis Hist. l. 10. cap. 2. f. 510. and Executions upon those Confessions, there are not a few, who would perswade the World to believe, that all this was but a mear Cheat, a Trick of Salisbury, the then Secretary. And Foulis saith, he once heard a Story very gravely told, that one lurking under the Council-Table, concealed by the long Carper, heard much of the Contri­vance; a Tale so absurd and ridiculous, that after what hath been already said, to en­deavour to confute it, would argue more impertinence then they were guilty of, who broached the Story.

This Conspiracy being discovered in so wonderful a manner, and the Deliverance attended with so many amazing Circumstances, the Parliament took the same into their Consideration, and in the first place, made a Law for keeping an Anniversary Day of Thanks-giving on the Fifth of November, and enacted the same Law should be read in the Churches publickly upon the same Day, and then made an Act for the Attainder of the Offenders. Which Acts of Parliament, because they yet strength­en and confirm the Truth of the said Conspiracy (and that they do so, must be con­fest, unless Men will fly in the Face of that Parliament.) I have here inserted, as I find the same in Rastal's Statutes.

They therefore desired that the King, of his blessed care and disposition, to and for the continuance of Gods true Religion and Service, and for that preservation and safety of his Person, the Queen, the Prince, and the rest of the Royal Progeny, and for the intire Love and Affection, that his Majesty had always thent [...]fore born, and did then bear to the Common-wealth and safety of this Realm of England (to the end that all others might then after fear to enter into any cogitation to attempt the like Barbarous and detestable [Page 84] 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.

Unto which Oath so taken, the said Person shall subscribe His, or Her Name, or Mark.

The Papists lookt upon the 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.

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.

What cause there was for the compiling this Oath, and imposing it upon the Pa­pists, King James himself tells us in his Apology for the Oath of Allegiance, take it in his own words.

Yet notwithstanding all this Mildness and Clemency exercised towards them by the King, he himself in his Monotory Preface to all Christian Monarchs, tells us, That,

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.

Vid. Roger Widdringtons Theological Disputation, Epist. Dedicat. to Pope Paul 5. S. 6.No sooner was this Oath and these Acts of Parliament made and published, but the Romish Priests fall a Caballing, Consulting what they and their Friends ought to do, in this Case. Of these, George Blackwell was Chief, his Title ran thus George, Blackwell by the Grace of God, and the Ordinance of the See Apostolick, Arch-Priest of England. He and several other Priests agreed the Oath was Lawful, and might with a safe Con­science be taken by Papists: But this was opposed by certain Jesuites and some other Priests, which begot a great Feud and Contest amongst their own Party. The Pope and his Assistants were against taking the Oath, as if it were enough to overthrow their whole Religion, and out thunders the Pope a Breve, Right, or Wrong, expresly Commanding the English not to take the said Oath, upon any Account whatsoever; part of which Breve is Printed in Foulis in English and Latine; which take as it is there.

This Breve was presently sent into England notwithstanding it was High Treason to bring it,) but divers of the Papists having then taken the Oath, were unwilling to believe, that the Pope himself sent it, but that it was Foulis f. 527. Surreptitiously procured with­out the Popes knowledge; whereupon the Pope, (to let them know, that tho' the Pope might die, yet the Bloody and barbarous Tenets and Doctrines of the Popedom were as lasting as the Popedom it self;) to satisfie those who doubted of the Reality of the former, he sent another into England, which follows as Foulis relates it.

After this some Letters passed, between Father Blackwell who was for taking the Oath, and Cardinal Bellarmine who writ against it, but Bellarmine could not convince Blackwell. The Pope therefore appointed Mr. George Birket to be Arch-Priest, and sent him a Breve to forbid the taking of the Oath, and to deprive all Priests of their Fa­cultion, that should take it, part of which followeth as Foulis relates it,

Birket upon the Receipt of this Breve, draws up and sends abroad this admonishing Letter.

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,

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 [Page 95] 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.

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, 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.

[Page 96]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 'twill 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 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.

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.

[Page 97]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 Ʋnion, draw on the United Provinces, stir up the King of Denmark and the Palatines two Ʋncles, 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, 'twas 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 [Page 98] 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 Doctrine to their own Sex in England, ( i. e. to Alienate their Hearts from their Soveraign, if he be not of their Religion, or will not at least connive at it;) to engage them in Plots, Conspiracies and Treasons, for the destroying Heretical, i. e. Protestant Kings, and Heresie, that is, Protestantism, that they do, or should defend.

This project took so (as any thing doth that tends to promoting Mother Church) that in a short time this Mrs. Ward, by the Popes indulgence (who will indulge any thing that tends to destroy, what he calls Heresie) became the Mother General, of no less then two Hundred English Damsels of good Birth and Quallity, whom she sent abroad to Preach.

This Story and many other Jesuitical exploits, are more particularly related in Wads­worths Spanish Pilgrim, to which I refer the Reader.

The Parlia­ment meet. Wilsons Hist. f. 193. Rushw. Coll. 1 pt. f. 23.On the 30 th. of January, 1620. the Parliament met, according to the Summons, and notwithstanding the King's smooth Speech to them, they petitioned him for the due Execution of the Laws against Jesuits, Seminary Priests and Papists, which evidences that there was either none, or at least a very slender Execution of those Laws.

They rip up Grievances.They rip up many Grievances that the People had groaned under, during the Intervals of Parliament, by Monopoly, Patents and otherwise, punished the great Ma­nagers of them with exemplary Punishments; and to make the Redress of these Grie­vances pass the more easily with the King, they gave him two Subsidies, which was very acceptable to him.

The Parliament adjourned with­out taking care of the Palati­nate or Prote­stant Religion. Rushw. Coll. 1 pt. f. 35. Wilsons Hist. f. 164.He having got this Supply, when the Parliament had sate about four Months, he, sent them word by the Lord Treasurer, that he would have them adjourn, as being more expedient than a Prorogation; that he had redressed Corruption in Courts of Justice, by his Proclamation, called in the Patents of Inns, of Osteries, and of Gold and Silver Thread, and cherished the Bill against Informers and Monopolies; but not a word of Care taken to recover the Palatinate, or putting the Laws in execution a­gainst the Papists.

The Commons take it amiss, which the King resents, and on the fourth of June 1621. in the ninteenth Year of his Reign; Wilson saith till February. he declared for an Adjournment till No­vember following, and that he will in the mean time, of his own Authority, redress Grievances.

The House of Commons, immediately before this Recess, taking to heart the Mi­series of the Palatinate, and knowing how much the Protestant Religion was concerned in it, resolved, that the drawing back in so good a Cause, should not be charged on their Slackness, and therefore made the Declaration following, with an universal Consent.

Soon after this, the King was plyed from Spain and Rome, The King plied for Favour to Papists. to enlarge his Favours to Popish Recusants, and it could not be otherwise expected, so long as there was any thoughts of so near an Alliance between Spain and England.

The Parliament met again the twentieth of November, The Parlia­ment meet. and because the House of Commons found, that though the King declared for War, he pursued Peace, and re­solved to close with Spain. They resolved to try the Kings Spirit by the following Petition and Remonstrance, wherein they laid open the Distempers of those Times, with their Causes and Cures.

The Causes they told him were these: ‘The Vigilance and Ambition of the Pope, A Remonstrance by the Parlia­ment against Popery. Wilson f. 167. Rushw. Coll. 1 pt. f. 40. and his Son the Spanish Prince: The Devilish Doctrines of the Romish Church: The distressed Estate of the Protestants abroad: The disasterous Accidents to his The Count Palatines Fa­mily. Chil­dren abroad: The strange Confederacy of the Popish Princes, to subvert the Prote­stant Religion here: The great Armies raised by the Spaniard. The Papists Expecta­tions of the Spanish Match: Foreign Princes interposing for Favour to Papists here: The Papists open Resort to Foreign Ambassadors: Their Concourse to London, and their Conventicles there: The Education of their Children in Seminaries: The Grants of their Forfeitures to Persons, who take little or nothing of them: The printing Popish Books: The Swarms of Priests and Jesuits: (The common Incendiaries of all Christendom) disperst in all parts of the Kingdom.’

The growing Mischiefs to Church and State, they told him were these: ‘The Po­pish Religion is incompatable with ours, and draws with it an unavoidable Depen­dance on Foreign Princes. It opens a wide Gap for Popularity, to any who shall draw too great a Party; We have lately seen the Truth of this verified, when the Papists from Conni­vance, actually got a Toleration, and that with an Equality, and had got the Superiority, and subverted our Religion, had not God in his Providence interposed. it hath a restless Spirit, and will strive by these Gradati­ons. If it get but a Connivance, it will press for a Toleration; if that should be obtained, they must have an Equality; from thence they will aspire to Superiority, and will never rest till they get a Subversion of the true Religion.’

The Remedies proposed were: ‘That the King would take his Sword into his Hand; that he would therewith assist the Protestants abroad, not to rest upon a War in these Parts only, but give a Diversion otherwise: That this War might be against him, that had maintained the War in the Palatinate: That he would put the Laws in Execution against the Papists: That the Charles the First. Prince might be married to a Protestant: That the Children of the Nobility and Gentry beyond Seas, might be called home: That Papists Children, and their Children, whose Wives were Papists, might be educated by Protestant School-Masters and Teachers: That the King would revoak all former Licences for Youth to travel beyond Sea, and grant no more after. That all former Grants of Papists Lands might be avoided, if by Law they could, and no such Grants made afterwads.’

The Commons had no small reason to take notice of the State of the Protestant Interest abroad: seeing besides the great Wound made in Germany, Protestants per­secuted abroad. Rushw. Coll. 1 pt. f. 43. and the Cruelties of the prevailing House of Austria, the Protestants in France, were almost ruined by Lewis the Thirteenth, and yet notwithstanding, the King understanding they were prepar­ing the above mentioned Remonstrance, writ a Letter to Sir Thomas Richardson, Speaker of the House of Commons, December the 3 d. 1621.

[Page 100]Wherein he let him know, He heard, to his Grief, that his Absence (being sick) had emboldned some fiery and popular Spirits of the House, to argue and debate Matters far above their Reach and Capacity, The King is angry at the Remonstrance, and writes to the Speaker to prevent it. Rush. Coll. Ibid. tending to his Dishonour, and Breach of Prerogative Royal. Therefore commanded him to make known to the House, that none should presume to meddle with any thing concerning his Government, or deep Matters of State; and particularly, that they should not deal with his dearest Sons Match with the Daughter of Spain, or any other his Friends and Confederates: That except they did reform it before it came to his Hands, he would not hear nor answer it.

Another Re­monstrance. Rush. Coll. 1 pt. f. 44.And he was as good as his Word, as will appear afterwards; for upon the Receipt of this Letter, the House drew up another Remonstrance, with the greatest Submission imaginable; wherein they lay the Ground of their former Remonstrance, upon the deplorable Estate of his own Children in the Palatinate, and the apparent Danger, and almost unavoidable Ruine of the Protestants, and the Protestant Religion at Home and abroad, evidenced by Transactions, an Account whereof, they had received from his Majesty himself, by three Honorable Lords, and tackt their former Remonstrance to the latter, and so presented them; but the former he rejected utterly, and gave a long Answer to the latter, but granted nothing whereof they complained; as may be seen by the Answer it self, printed in Wilson, f. 178. and Rushworth f. 46. In the said Answer, he discovered his great Concern for the Spanish Match, and his Backward­ness to proceed against Papists, however the same is blended by specious Pretences of the Necessity of shewing Favour to the Papists here, to procure the gentle Usage of the Protestants abroad. VVilson's Hist. f. 188. Rushw. Coll. 1 pt. 53, 54▪ 55. The Parliament dissolved. He denied in his Answer, the Rights and Priviledges of the Commons to be their Birth-right; they protest them so to be; he tears the Protest out of the Journal Book of the House of Commons, and the sixth of January, 1621. by Proclamation, dissolves the Parliament. And whether that were the way to recover the Palatinate, or secure the Protestant Religion at home or abroad; needs no great Saga­city to determine.

Papists dis­charged from Imprisonment. VVilson's Hist. f. 195. Rushw. Coll. 1 pt. f. 62, 63.In the twentieth Year of this Kings Reign, the Prisons were opened, Priests and Je­suits walked about at Noon. And Gondamore (who did what he pleased) vaunts of four thousand Papists that his Intercession had released; either to make his Service the more acceptable to his Master, or to let him see how willing the King was to do any thing to advance that Match, which they never intended. The King was not so nice, but that he could stay for Car. Bandi­no, Car. Lode. visio. a Dispensation from Rome. To expedite which, he wrote to some of the most active Cardinals there, and received Answers from them full of alluring Hopes. And that he might give some more publick Testimony of his In­dulgence to the Papists (the mortal Enemies of the Protestants) he commanded Doctor Williams, Bishop of Lincoln, then Lord-Keeper of the Great Seal of England, to pass Writs under the Great Seal, to require the Judges of every Circuit, to enlarge all such Papists as were imprisoned for Recusancy, accordingly the Writs were issued forth under the Great Seal, and the Lord-Keeper wrote to the Judges on this manner, which Letter, take Verbatim, as printed in Wilson.

In order to the Match with Spain, the King agreed to such Articles of Religion, The Spanish Match, the Nature of the Articles. Rushw. Coll. 1 pt. f. 66, 67. as were Satisfactory in the Judgment of the learnedest and greatest Clergy of Spain: That they declared their Opinion, that upon the Offer of such Conditions, the Pope ought not to with-hold the Dispensation, and the Pope himself was satisfied, that he had in a manner, done already all that was desired.

No wonder then, that the Papists were quiet here in England, and not engaged in Plots and Contrivances against the Kings Person; for the Reason is plain, the whole Substance of the Spanish Treaty, was a Plot for ruining the Palatinate, and thereby weakning, in order to destroy, the Protestant Interest abroad; which they effected, by feeding the King with the Hopes of that Match, and thereby diverting him from taking the Parliaments Advice, in order to recover the Palatinate; You may read the whole Story in VVilson and Rushworth. and when they had brought their Designs about, and the Palatinate was irretrievably lost, they broke off the Match, and left the King and Prince in the Lurch. Right Popish Jugling.

After this Treaty was dissolved, the King thinks of a Match with France, The French Match. Rushw. Coll. 1 pt. f. 114. A Parliament called. and the Lord Kensington was sent Ambassadot into France, to feel the Pulse of that Court touch­ing it, and gives an Account that it would be accepted; soon after which, a Parliament was called, to meet the twelfth of February, in the 21 st. year of this King, 1623. and now the King is of the Mind to take the Parliaments Advice about his Sons Match, as he told them, and is grieved for the Increase of Popery (if after all the foregoing Passages, it be to be believed) and promises a great deal, and porforms never a whit. And here I cannot omit what Wilson saith, speaking of this Parlia­ments Petition against Papists, and the Kings Answer, both which he hath printed at large, f. 272.273, 274, 275. to which I refer the Reader: ‘If the King, saith he, had seriously and really considered the very last Clause of this Petition, wherein the Glory of God, and the Safety of his Kingdoms so much consisted, as the Parliament wisely express and foresee, and which the King saith, is the best Advice in the World, and which he promised so faithfully to observe in the next Treaty of Mar­riage for his Son, it might perhaps have kept the Crown upon the head of his Poste­rity. But when Princes break with the People, A good Caution for all Christian Princes and States. in those Promises that concern the Honour of God, God will let their People break with them, to their Ruine and Dishonour: And this Maxim holds in all Powers, whether Kingdoms or Common­wealths, as they are established by Justice, so the Justice of Religion, which tends most to the Glory of God, is principally to be observed.’

The Parliament followed the Chase close, The Parliament displaceth Pa­pists. and bolted out divers of the Nobility and Gentry of Eminency, popishly affected, that had earthed themselves in Places of high Trust and Power in the Kingdom, as if they meant to undermine the Nation. Their Names, Wilson saith, were these.

Francis Earl of Rutland, the Duke of Buckinghams Wives Father; Sir Thomas Compton, Their Names. VVilson's Hist. f. 276. that was married to the Dukes Mother, and the Countess her self, who was the Cyno­sure they all steered by; the Earl of Castle-haven, the Lord Herbert after Earl of Wor­cester, the Lord Viscount Colchester after Earl of Rivers, the Lord Peter, the Lord Mor­ley, [Page 102] the Lord Windsor, the Lord Eure, the Lord Wotton, the Lord Teinham, the Lord Scroop, who was Lord President of the North (and which they omitted, the Earl of Northampton, Lord President of Wales, who married his Children to Papists, and per­mitted them to be bred up in Popery) Sir William Courtney, Sir Thomas Brudnell, Sir Thomas Somerset, Sir Gilbert Ireland, Sir Francis Stonners, Sir Anthony Brown, Sir Francis Howard, Sir William Powel, Sir Francis Lacon, Sir Lewis Lewkner, Sir Willi­am Awbury, Sir John Gage, Sir John Shelly, Sir Henry Carvell, Sir Thomas Wiseman, Sir Thomas Ge [...]rard, Sir John Filpot, Sir Thomas Russel, Sir Henry Beddingfield, Sir Willi­am Wrey, Sir John Counwey, Sir Charles Jones, Sir Ralph Conyers, Sir Thomas Lamplough, Sir Thomas Savage, Sir William Mosely, Sir Hugh Beston, Sir Thomas Riddall, Sir Marma­duke Nivell, Sir John Townesend, Sir William Norris, Sir Philip Knevet, Sir John Tasbo­rough, Sir William Selbie, Sir Richard Titehborn, Sir John Hall, Sir George Perkins, Sir Tho­mas Penrodduck, Sir Nicholas Saunders, Knights, besides several Esquires popishly addict­ed, either in their own Persons, or by means of their Wives, too tedious to be expres­sed here; and these were dispersed and seated in every County, who were not only in Office and Commission, but had Countenance from Court, by which they grew up and flourished, so that their Exuberancy hindred the Growth of any Goodness or Pie­ty, their Malice pleased to drop upon.

Soon after which, the Parliament was adjourned, after they had made thirty five pub­lick Acts, and seventy three private ones, but nothing was done with relation to the Papists.

Rushw. Coll. 1 pt. f. 154, 155. VVilson f. 277. saith, the King desir­ed this Match above all Earthly Bles­sings.The King admiring the Alliance of mighty Kings, though of a contrary Religion, desired the Match with France unmeasurably (notwithstanding his Promise to the Par­liament) which the French perceived; and though they were very forward before, yet now abated of that Forwardness: And whereas they were at first very modest in their Demands, in favour of the Papists, yet now inlarged those Demands, and strained the King to the Concession of such Immunities, as he had promised the Parliament he would never grant. In August 1624. this Match was concluded, and in Novem­ber the Articles were sworn unto by King James, Prince Charles, and the French King; the Articles concerning Religion, were not much short of those for the Spanish Match.

Papists encou­raged by the Treaty with France. Rushw. Coll. 1 pt. f. 154.The Papists formerly daunted by the Breach of the Spanish Match, were now again revived by the Marriage Treaty with France. And at this time, upon the Death of William, titular Bishop of Calcedon, most of the English Secular Priests did petition the Pope, that another Bishop might be sent over into England, there to ordain Priests, give Confirmation, and exercise Episcopal Jurisdiction. Among others, Matthew Kil­lison and Richard Smith were presented.

And though the Regulars were opposite to the Seculars in this Matter, yet those of the Order of St. Benedict joyned with the Seculars, and Rudesin Barlo, the President of the English Benedictines of Doway, wrote a Letter in their Behalf, at the Congregation at Rome, named of the Propagation of the Faith. Dated the 12 th. of December 1624.

In which Letter was this Passage: ‘That there were above sixty Benedictine Monks in England; and that it is not to be doubted (said he) (for that it is already seen, the good Success under the first Bishop) that another Bishop being constituted, there would be more joyful Fruits within two Years, in the English Mission, than hitherto hath been for sixty years now lapsed.’

But not long after the Episcopal party of the Romish Church prevailing, Pope Ʋrban the VIII. created Richard Smith Bishop of Calcedon, and sent him into England with Episcopal Authority over the Priests within the English Dominions.

The Close of this Kings Reign. Rushw. Coll. f. 155.And now I am come to the Close of this Kings Reign, for after he had (notwithstand­ing all his connivance at the Papists, out of either Ambition or Cowardise) recommended the Protection of the Church of England to the then Prince of Wales, Charles the First; ad­vised him to love his Wife, but not her Religion; and exhorted him to take special care of his Grand-Children, the Children of the Elector Palatine, by his Daughter, and to em­ploy [Page 103] the Power he left him, to restablish him in the Estate and Dignitys of his Father on the 27th of March in the Twenty third Year of his Reign he gave up the Ghost.

From what Account I have given of Matters relating to the making the Penal Laws, and the Reasons of not putting them in Execution in this Kings Reign, I gather these things,

1. That there is no heed to be taken to any promises made, Advice given nor Oaths taken by Papists, for if the Interest of the Popish Religion Intervenes, the Pro­mises, Advice, yea even the Oaths themselves, must give way, and 'tis Meritorious too.

2. That when it is to serve the Popish Interest, they are allowed to deny the plainest truths, although confest by Men in Articulo Mortis, at the very point of Death.

3. That whenever they are detected of any Conspiracy or Treason, they immediately set their Wits to work, to throw the odium of it upon some sort of Protestants or other, nay sometimes they make it an essential part of the Conspiracy it self.

4. That when they found themselves lost as to more private Conspiracies, they in­volved Christendom in War, to destroy the Protestant Interest, upon the Colour of the Elector Palatines having Usurped the Crown of Bohemia notwithstanding he was le­gally Elected; and made use of the Cowardise of King James to carry on that De­sign.

5. That they want not Arts to deceive even Protestants themselves, if they look not narrowly to them; so much can they transform themselves into the likeness of Truth.

6. That the loss of the Palatinate, the differences between King James the first and his Parliaments, the Spanish Treaty, and at last the compleating the French Match, were all carried on by Popish Intregues and to serve the Popes turn.

Certainly then, there was good reason for the making the Penal Laws in this Kings Reign, and the Parliament are greatly justified in pressing an Execution of them, which had it been granted, a Man may with good reason believe all the Civil Wars in the suc­ceeding Reign had been prevented.

And this might lead me to show the share the Popish Party had in the beginning, managing and carrying on that unhappy and ever to be lamented War; but my de­sign being only to show the reasonableness of making the Penal Laws against the Papists, and there being but one Law made against them in this unfortunate Princes Reign, I shall only give the grounds of making that Law, and pass on to the Reign of his Son King Charles the Second.

King Charles. 1. His Accession to the Crown. Bakers Chron. f. 451. Rushw. Coll. 1 Pt. f. 165▪ 167, 170.KIng James the First being dead, King Charles the First was immdiately Proclaimed, he buried his Father the 7th of May 1625. The 13th of June in the same Year. the Match between him and the French Kings daughter was consummated here in Eng­land. A Chappel at Sommerset House was built for the Queen and her Family, with conveniences thereunto adjoyning for Capuchin Fryers, who were therein placed, and had permission to walk abroad in their Religious Habits: Thence forwards greater multitudes of Seminary, Priests and Jesuites repaired into England out of foreign Parts, then before.

The Parlia­ment meet.The 18th day of June the Parliament opened; they after the usual Proceedings at the first sitting down, Petitioned the King concerning Religion and against Papists; he by his Answer gave them assurance of his real performance of what they desired in every particular.

Papists Par­don'd contrary to promise. Rushw. Coll. 1 Pt. f. 280.But notwithstanding this, soon after, his Majesty granted a Pardon to one Alexander Baker a Jesuite and unto ten other Papists, which was gotten (as there was information given) by the importunity of some Foreign Ambassador, and passed by immediate War­rant, and was recommended by the Principal Secretary of State, without the payment of the ordinary Fees. And divers Copys of Letters, and other Papers, found by two Justices of Peace, in the House of one Mary Estmonds in Dorsetshire, were stifled by the Secretarys means. The Commons upon these passages made observations, First, that the Pardon was dated the very next day after his Answer to their Petition, Secondly, That the Pardon dispensed with several Laws as 21. and 27. Eliz. and 3. Jac. provided to keep the Subjects in due obedience, Thirdly, That the Pardon was signed by the Principal Secretary of State. The Commons therefore declared, that these actings tended to the prejudice of true Religion, his Majesties dishonour, the discountenancing of Ministers of Justice, the grief of the good People; the animating of the Popish Party, who by such Examples grew more proud and insolent, and to the discouragement of the High Court of Parliament. The Petition concerning Religion and the Kings Answer take, as they are printed in Rushworths Collection, First Part f. 281.

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.

[Page 109]On Candlemas Day he was Crowned, and at the time of his Coronation took the Coronation Oath in manner following.

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.

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 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,

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.

The Parlia­ment Dissolved upon the Duke of Bucking­hams Account. Another Par­liament Sum­moned.But the Parliament pressing hard upon the Duke of Buckingham, the 15 th. of June, 1626. they were Dissolved before any Answer was given to this Petition; and soon after a Commission Issued to compound with Papists for their Forfeitures.

A Parliament was Summoned to meet the 17 th. of March, 1627. and a little before this Parliament Assembled, a Society of Papists were taken in Clerkenwel; divers of them were Jesuits, and the House wherein they were taken was designed to be a Colledge of that Order.

Amongst their Papers was found a Copy of this Letter written to their Father Rector at Bruxells, discovering their designs upon this State, and their judgment of the temper thereof, with a conjecture of the success of the ensuing Parliament; which Letter, because [Page 115] it contains Matter that justifies the making of the Law that was made against the Papists in this Sessions of Parliament, as I find it Printed in Rushworth, f. 474. I have here inserted.

This produced a Fast, and a Petition from the Parliament to the King, against the Papist; which Petition, and the Kings Answer, are as followeth.

THat Your Majesty would be pleased to command a surer and streight Watch to be kept in and over Your Majesties Ports and Havens, 2. Article. and to commit the Care and Charge of Searching of Ships, for the Discovery and Apprehension, as well of Jesuits and Seminary Priests, brought in, as of Children and young Students sent over beyond the Seas, to suck in the Poyson of Rebellion and Superstition, unto Men of ap­proved Fidelity and Religion; and such as shall be convicted, to have connived or combined in the bringing in the one, or conveying of the other, that the Laws may pass upon them with speedy Execution.

THat considering those dreadful Dangers (never to be forgotten) which did involve Your Majesties Sacred Person, 3. Article. and the whole representative Body of Your Majesties Kingdom, plotted and framed by the free and common Access of Popish Recusants to the City of London, and to Your Majesties Court; Your Majesty would be graciously [Page 118] pleased to give speedy Command for the present putting in practise, those Laws that prohibit all Popish Recusants to come to the Court, or within ten Miles of the City of London; as also those Laws that confine them to the Distance of five Miles from their dwelling Houses; and that such by-past Licenses, not warranted by Law, as have been granted unto them, for their Repair to the City of London, may be discharged and annulled.

4. Article.THat whereas it is more than probably conceived, that infinite Sums of Money have within this two or three Years last past, been extracted out of the Recusants within the Kingdom, by Colour of Composition, and a small Proportion of the same returned into Your Majesties Coffers, not only to the sudden enriching of private Persons, but to the emboldning of Romish Recusants to entertain Massing Priests into their private Houses, mimick Rites of their gross Superstition, without fear of Controul; amounting (as by their daily Practice and Ostentation we may conceive) to the Nature of a concealed Toleration; Your Majesty would be graciously pleased to entertain this Particular more neerly into your Princely Wisdom and Consideration, and to dissolve this Mystery of Iniquity, patched up of colorable Leases, Contracts and Preconveyances, being but Masks on the one part of Fraud, to deceive Your Majesty and States, on the other part, for private Men to accomplish their corrupt Ends.

5. Article.THat as the Persons of Ambassadors from Foreign Princes, and their Houses, be free for the Exercises of their own Religion, so their Houses may not be made free Chappels and Sanctuaries unto Your Majesties Subjects popishly affected, to hear Mass, and to participate in all other Rites and Ceremonies, of that Superstition, to the great Offence of Almighty God, and Scandal of Your Majesties People, loyally and religiously affected: that either the Concourse of Recusants to such Places may be re­strained, or at least such a vigilant Watch set upon them, at their return from those [Page 119] Places, as they may be apprehended and severely proceeded withal, Ʋt qui palam in Luce peccant in Luce puniantur.

THat no place of Authority and Command within any the Counties of this Your Majesties Kingdom, or any Ships of Your Majesties, 6. Article. or which shall be employed in Your Majesties Service, be committed to Popish Recusants, or to Non-communi­cants, by the Space of a Year past, or to any such Persons, as according to Direction of former Acts of State are justly to be suspected, as the Place and Authority of Lords Lieutenants, Deputy Lieutenants, Justices of the Peace or Captains, or other Offi­cers or Ministers mentioned in the Statute, made in the third Year of the Reign of Your Father of Blessed Memory; and that such as by Connivance have crept into such Places, may, by Your Majesties Royal Command, be discharged of the same.

THat all Your Majesties Judges, Justices and Ministers of Justice, unto whose Care and Trust, Execution (which is the Life of Your Majesties Laws) is committed, may, 7. Article. by Your Majesties Proclamation, not only be commanded to put in speedy Execution, those Laws which stand in force against Jesuits, Seminary Priests and Popish Recusants; but that Your Majesty would be further pleased to command the said Judges and Justices of Assize, to give a true and strict Account of their Proceedings at their Re­turns out of their Circuits, unto the Lord Keeper, by the Lord Keeper to be presen­ted unto Your Majesty.

[Page 120] 8. Article.AND for a fair and clear Eradication of all Popery for the future, and for the breed­ing and nursing up of a Holy Generation, and a peculiar People, sanctified un­to the true Worship of Almighty God, that until a Provisional Law be made for the Training and Educating of the Children of Popish Recusants, in the Grounds and Principles of our Holy Religion, which we perceive will be of more Power and Force to unite Your People unto You in fastness of Love, Religion and Loyal Obedience, then all Pecuniary Mulcts and Penalties that can possibly be devised; Your Majesty would be pleased to take it into Your Princely Care and Consideration, these our hum­ble. Petitions, proceeding from Hearts and Affections Loyally and Religiously devoted to God and Your Majesties Service, and to the Safety of Your Majesties Sacred Person, we most zealously present to Your Princely Wisdom, craving Your Majesties chearful and gracious Approbation.

And now I think, I may appeal to the Reader himself, whether there was not ground enough for the making this Law, if there had been nothing more done in this Kings Reign, then the Writing the Letter before mentioned, which makes so full a [Page] Discovery of a Design they were driving on, of subverting our Religion, and intro­ducing their own. And if it be considered, that there is no Penalty annexed to this Law, that relates to the Loss of Life, Member or Liberty, it cannot be thought se­vere, after such continued and restless Endeavors of that Party for our Destruction, and bringing us back to our former Bondage, under a foreign Yoke.

And let the Share they had in blowing up the Differences between King Charles I. and his Parliaments, which at last ended in the late unnatural Civil War, and in a Temporary Destruction of our Monarchy be considered; that after Charles the First was beheaded, Charles The Second. they attempted the Perverting of his Sons, when in Exile, to the Idolatry and Superstiti­on of the Romish Church: And that they at last prevailed effectually, with one at least, to go over to their Communion; and that it was known to the Parliament in the twenty fifth Year of the Reign of Charles the Second, that he was so reconciled. Let, I say, these things be considered, and it cannot be thought hard that that Law passed the Parliament the Substance of which I have here inserted. It is intitled,

Before this Act of Parliament was made, the Papists were ingaged in a most Horrid Plot against the Protestant Religion, and the Parliament having now made this Act, whereby the Papists are excluded from all Places of Profit and Trust; it is not hard to believe that their Malice was thereby greatly heightned, and their Rage very much increased against the Protestants; and their Actings put it beyond doubt that it was so. For this Act passed in the Year 1673. and then it is we find them deeply ingaged in contriving our Destruction; and so inhumane were they, that not­withstanding the late King Charles the Second's Kindness to them, yet, unless he would fully comply with them in the butchering his Protestant Subjects, extirpating the Pro­testant Religion (which they called a Coleman's Tryal, p. 69. Pestilent Heresie) and the introducing of the Romish Superstition and Idolatry, he must be taken out of the way, to make room for one that would.

I confess, I have met with very many that have owned the Dis-believing of any such Design, but when I seriously reflect upon the Letters that were produced against Mr. Coleman, and owned by himself to be his; when I consider the Evidence that was given by all the Witnesses that proved the Horrid and Treasonable Popish Plot, that was discovered in 1678. and the Agreement that there is in the Substance of the thing (although there may be some Variations as to Circumstances) when I consider the Witnesses were Strangers to one another, that did so agree in their Testimony, and that the Discovery was so sudden, and the Witnesses came in so quick one after another, after the Discovery, that it is not to be presumed there could be any Suborna­tion; when I consider the Credit they had with the King himself, and with four Par­liaments; when I consider the great Attempts notwithstanding, to take the Odium off the Papists, and cast it upon the Protestants; when I consider the unwearied Pains taken by the Papists, and some that are much worse, because they espoused their Cause under a Protestant Vizar, to lay the Murther of Sir Edmond-Bury-Godfrey at the Prote­stants Door, and to wipe off the Stain thereof from the Papists; when I consider the Methods that were taken in the late King James the Seconds his Reign, so exactly pursuant to what was designed, in case Charles the Second had fallen (as was contrived) Either by Shooting, Poi­son or Stobing. the first of which Methods was, by granting a general The Decla­ration for Li­berty of Con­science, Design­ed to be pub­lished, in case the Popish Plot had then taken effect, you may find printed in Coleman's Trial, p. 58. Liberty of Conscience, and thereby deluding divers Protestants to serve a Popish Interest, although against their Wills; it is to me matter of Amazement, that there should remain the least doubt of the Truth of that Plot, in the Minds of any that are really Protestants; espe­cially when I consider that there wanted nothing in the late King James's Reign, but a Parliament to take off the Penal Laws and Tests, to bring that Popish Plot to the highest Perfection that the Papists ever designed, and what Endeavors there were to obtain that, is sufficiently known.

To run through the whole Series of that Popish Plot, would be to draw out this Account of the Grounds of making the Penal Laws to a Length beyond what its De­sign can warrant, which is the publick Good, and therefore as a Confirmation of the Truth of that Plot, and to refresh the Memory of those, who perhaps are willing to forget it, I shall here only insert Coleman's Letters, as you will find them printed in his Tryal, and also Bedloes Depositions, as they were taken before, and printed by Sir Francis North, then Lord Chief Justice of the Common-Pleas, and afterwards made [Page] Lord Keeper of the Great Seal of England, for the good Services he had done the Crown. Coleman's Letters are as followeth.