The Condition of Catholics Under James I. Part 28

Therefore much otherwise than was expected, this holy seed of Father Garnett's slaughtered body falling upon the earth did bring forth great fruit. His mortified and divided parts did quicken and unite the minds of many that were before distracted with fears and uncertain reports, and his innocent blood did water the field of Christ in this country, and brought forth a plentiful harvest; yea, it did mollify the hearts of some that were before very hard to believe well of the Society, touching these imposed crimes. For although very many Catholics were before well satisfied of Father Garnett his innocency, and especially those that had dealings with him could not be ignorant how far he was from any such attempts, that laboured so much to suppress the least disorder in that kind; yet generally the heretics were otherwise persuaded, giving credit to those reports that were everywhere bruited of him. And some friends also stood doubtful how far he might be touched therein, upon the constant a.s.severation of his guiltiness in the cause, and that also given out by persons of no mean account. But when they heard him clear himself so fully at his arraignment from all concurrence or connivency in the matter, and perceived plainly he could and would have said much more in that place, if he had not been so often interrupted of purpose to put him out, and to disturb both his own memory(506) and the understanding of his hearers. And when at his death they viewed his innocency, patience, and religious manner of suffering, and saw most apparently both by the one and the other that no one of the Society was to be touched with any help or furtherance, or any willing a.s.sent unto that conspiracy, nor any one of the Company(507) have had the least knowledge thereof by any means whatsoever, but himself and that one Father from whom he had it, and they restrained by the secret of confession from opening it to others, and dissuading and hindering the same by all lawful means they could use. These things being plainly seen, and to be testified by so many witnesses as were there present both at his judgment and death, did fully satisfy all doubts, and clear the conceits of such as did before suspend their judgments of him.

But especially when by his great patience and constancy seen at his death, his rare virtues did more appear, and his lamp, "quae erat lucerna lucens et ardens,"(508) did show itself so much the more brightly, his earthly vessel being broken, to the confusion of his enemies, and increase of comfort and courage to the faithful soldiers of our true Gideon.

Then, as I related in the last chapter, not only the Catholics and his friends that were beholders were much confirmed, and their tears turned into triumph for the victory which this champion of G.o.d had gotten of the slanders of the world and malice of sin and heresy, but many also of his enemies did bear witness of his innocency, "dicentes, Vere hic h.o.m.o justus erat,"(509) and wished their souls with his. Such force hath truth, that it cannot be conquered, and innocency, that it cannot be confounded. Well may it be oppressed for a time, but it cannot be suppressed; "aporiamur, sed non dest.i.tuimur, persecutionem patimur sed non derelinquimur, dejicimur sed non perimus."(510) Yea rather, in the greatest needs our merciful G.o.d doth send the greatest comforts, and where His enemies do think most to triumph over Him, there doth He ofttimes manifest the truth, and set forth His own glory and the innocency of His servants with most apparent signs.

And so it happened in this case of Father Garnett: for whereas the Fathers that suffered before in Queen Elizabeth's time were well known to all men to suffer only for their conscience, insomuch that although some matter or other were ever feigned to make it seem that they suffered for treason, yet the fictions were so palpable of matters never intended, nor so much as thought or heard of before the time they were objected, and those that were said to be joint-conspirators ofttimes so mere strangers that they never had seen or heard of one the other before: these apparent contradictions did make so manifest their innocent cause, that there need no divine testimonies to a truth so evident. But in this latter cause of Father Garnett, the case was somewhat different in the opinion of many, though his innocency the same, and the equity of his cause equal with the former. In this, it was very true, there was a real ground upon which the adversaries might raise a pretence of seeming truth in their accusation.

There was a great and dangerous conspiracy intended and plotted and proceeded in by those gentlemen of whom I have before discoursed. Divers of these gentlemen were known to Father Garnett, and some of them had often used his help and the help of others of the Society in their spiritual affairs. And this matter also they had at length opened a little before it should have been executed unto two of the Society in the secret of confession, as I have before declared. Therefore in this case Almighty G.o.d did think it more needful in His divine providence to give testimony of His servant's innocency than in former times, when the cause itself was so plain, that it could not be contradicted.

(M29) The first sign by which it pleased G.o.d to show the merit and glory of this His martyr was concerning his relics, which were eagerly sought for by many Catholics at the very time of his martyrdom. Amongst the which there was one young man,(511) who(512) stood by the block where the martyr's body was cut up, with great desire at least to get some drop of his holy blood.(513) And whilst he had these thoughts, not daring to take where he desired for fear he might be espied, it fortuned that the hangman having cut off the martyr's head and showed it to the people (as the custom is), he cast it into a basket standing there of purpose, full of straw, to hold the head and quarters when they were divided. Out of this basket did leap a straw, or ear void of corn, in strange manner into the hand of this young man, which he beholding, and seeing some blood upon it, kept it with great care, and no little joy that he had obtained his desire. He carried it away safely and delivered it unto a Catholic gentlewoman(514) of his acquaintance, who kept it in a reliquary with great devotion; and after three or four days,(515) a devout Catholic gentleman coming thither, she showed him the b.l.o.o.d.y straw, which he was also glad to see and reverence; but beholding the same more curiously than the others had done, he saw a perfect face, as if it had been painted, upon one of the husks of the empty ear, and showed the same unto the company, which they all did plainly behold, and with no small wonder, but with much greater joy did acknowledge the mighty hand of G.o.d, Who can and doth often use the meanest creatures to set forth His glory, and is able both out of stones and straws to raise a sufficient defence for His faithful servants.

They put up the straw again with great admiration, and kept it now with much more reverence and devotion than before. This was quickly published to many of the chiefest Catholics about London, who much desiring to see this wonder, it was carried unto divers, who all are witnesses of this truth. At length it came to the Council's ear, and some of them desiring much to see it, it was granted, being now in the keeping of a great person,(516) but with promise to have it safely restored; so that some of them did see it, and did much admire it, affirming that it must needs be more than natural. Others after desired to see it and to seize upon it, because now the fame did grow so great of this image of Father Garnett drawn by the hand of G.o.d, whose image and memory they sought to deface in all they could, that they feared the evidence of the miracle would plead against their proceedings and prove him innocent whom they had punished as guilty. Therefore the Bishop of Canterbury(517) sought to have the miraculous straw into his hands, but it was denied, and none would acknowledge where it was to be found. He learned out the party to whom the keeping of it was first committed, and sent for her(518) husband, who was a known Catholic and a virtuous man. He examined him strictly how it came to pa.s.s, and where the straw was. The Catholic affirmed the truth of the thing, and described it unto him in words; but said it was not now in his keeping, and he knew not where to find it. And when they could get no other answer of him, they committed him to prison; but afterwards, having sundry and great friends in the Court, he got out upon bonds to appear again at certain days' warning.

In the meantime it happened that two were miraculously cured by application of the same straw. One was a gentlewoman in great peril of her life by danger of childbirth, who, when she had sustained long and painful travail and could not be delivered of her burthen, and now was out of hope of life, unless she might obtain some help from G.o.d, some of her friends made earnest means to get this holy straw to bring unto her; which being obtained, and the straw brought and applied with great reverence, presently she received help, and was delivered by the mighty hand of G.o.d and merits of the martyr, whom no midwife's skill or endeavours could help before.

Another was the gentlewoman herself who first had this miraculous relic delivered her to keep. For she being very much subject to sickness, and sometimes in such extremity therewith that you would not think she could be able to live an hour, it happened that in one of her extremest fits, when she could find no medicine or means that could bring her any ease, she earnestly desired a special friend to make suit for the straw to be returned unto her for a small time, which was granted; and as soon as it came (she receiving it with great devotion and reverence) she presently found ease, and within half an hour was so perfectly well that she rose from her bed, and went to entertain some strangers that then were in the house, and "erat una ex disc.u.mbentibus."(519)

This sudden and strange cure of hers being spoken of by divers Catholics, it came out to be known unto the Council, who sent again for the husband of the gentlewoman, and took this new occasion to commit him the second time to prison.

The Council afterwards understanding that this miraculous picture in the straw had been showed to divers painters in London, they sent for the painters, and willed them to make the like portrait to that which they had seen in a like empty ear of corn; but they all answered it was not possible for them to do it: neither could the draught of that face, in so little a room and so loose a groundwork as that empty ear, be otherwise drawn than by supernatural power. And this testimony they gave of it that had both skill to judge and no will to favour the Catholic cause (being in opinion heretics), but only convinced in their understanding by the evidence of the miracle.(520)

Another marvellous thing which it pleased Almighty G.o.d to show for a public testimony of the glory which blessed Father Garnett now possesseth, is a visible and apparent circle of red about his head in the form of a crown, which was and is to be seen about his head, where it is set up, as the custom is, with the heads of others that died for treason. This hath had so many witnesses as would go to behold it, which were not a few, and besides, they did affirm that his face did continue so comely and with so pleasing a countenance, as it seemed rather the head of a man alive than separated from the body; and all his quarters also so purely white, that it was much admired by all that did behold them.

To these I may adjoin the crown of gra.s.s which did grow in Mr. Abington his court, in the house where both blessed Father Garnett and blessed Father Ouldcorne were taken, which may be taken as a sign of his glory and crown of immortality as well as Father Ouldcorne's. And of this I spake sufficiently in the last chapter but one. I could hereunto add a vision which both of these blessed Fathers had in the Tower the 7th of March before their martyrdom, the very night before they were hung upon the torture. It happened in this manner. Father Ouldcorne in his sleep did seem to behold a very sumptuous throne set up, with great care and cost adorned, at which sight when Father Ouldcorne much admired, not knowing to what end it should be prepared, it seemed unto him that there entered into the room the most(521) Reverend Father General, and with him some other ancient Fathers; and that Father Ouldcorne did demand of Father General what should be the meaning or intention of that throne so much adorned; and that the Father should answer that both Father Garnett and himself should presently be professed. To which Father Ouldcorne made answer that Father Garnett was already professed. Then Father General replied, he would now have him make a more excellent profession than before. This vision Father Ouldcorne the next morning told unto his keeper, desiring he would tell it unto Father Garnett, which he performed; and Father Garnett a.s.sured him the very same thing, in the same manner, had also that night appeared unto him. But Father Ouldcorne did see it again the next night after. This was so generally spoken of in the Tower about that time, that if there had been no other means afterwards to know the truth, that alone had been sufficient to publish it.

Now, when the other foresaid marvels were seen about his head after his martyrdom, and that the miraculous image of the straw was visibly seen by many Catholics, and generally known to all, you may well think that Catholics were greatly animated, receiving now, in their greatest distress, such comforts from the merciful hand of G.o.d, "qui est Pater misericordiarum et Deus totius consolationis, qui consolatur nos in omni tribulatione nostra."(522) And, indeed, the effect of these heavenly comforts was such in the hearts of poor afflicted Catholics, but especially the force of the martyr's blood and the merits of his innocent death (which now was plainly seen by all well-meaning men, and acknowledged by many also of his enemies, as before I have related), that whereas the Catholics did already feel a sharp shower of persecution in continual searchings and imprisonments and vexations much more than in former years they had experienced; and whereas they might easily discern a greater storm coming towards them, seeing, as it were, a thick and dark cloud coming on apace, carried furiously with the wind in such sort that it was likely to spread itself over all their hemisphere, intending to make a destroying deluge, no less universal than violent: though they might plainly see and hear daily thundered in their ears what cutting and cruel laws were intended and prepared against the Parliament which then was at hand: though they were a.s.sured beforehand that the penal statutes which then were to be enacted were so many and so merciless that their life would be more tedious (and terrible to many minds) than death itself: though they could find no friends that could or would now oppose themselves "murum pro domo Dei;"(523) the n.o.blemen that were Catholics or esteemed friends to Catholics, together with all princ.i.p.al recusants, being clapt in prison; and all others that before did seem to favour the cause now being blown away with this storm of persecution, and carried with the current of the present stream rather to oppose themselves against Catholics, both in word and action, than any ways to seek the release or relaxation of their present afflictions or prepared penalties: though all this, and more than I can in this place commodiously set down, were felt and feared by the Catholics at this time, yet such was the goodness of G.o.d towards us, such the force of His grace obtained by the merits of these holy martyrs, that presently, upon the death of blessed Father Garnett, you might see his innocent blood had warmed all their hearts; you might see in them a new fervour, expecting persecution with a peaceable and cheerful mind; you might see them everywhere begin to prepare themselves neither to resist nor run away, but how to bear the blows of persecution with Christian patience.

And although there were some few examples of human frailty, making choice rather to do against their conscience in going to heretical service than to adventure the loss of their earthly commodities, yet these were so few in number, and so followed afterwards with the remorse of conscience and the justice of G.o.d, that their example did rather confirm than weaken the constancy of other Catholics. I could hear but of three men of any note then fallen in that sort, whereof one was a knight, of a worthy family, and himself ever a devout Catholic; his lady also, ever forward but much affected to those(524) men that would not at the first submit themselves to [the] Archpriest, whom His Holiness had appointed to be their Superior in England. This good gentleman, as I heard, having long paid the statute for his recusancy, which is 20_l._ a month, now upon this increase of persecution, and the commodity of his recusancy which should accrue unto the King being given unto a Scottish man, the Catholic gentleman offered him 2,000_l._ for a fine, and to pay the rent of 20_l._ a month, as he was wont to do beside; but the Scottish man refusing to take his offer upon hope to make a greater gain of him, the knight would not endure to be made a prey to a man of so insatiable a mind, and therefore resolved for the time to forfeit rather the greater goods, the goods of grace, and said he would conform himself to the law. He went, therefore, to their heretical service, and saved the forfeiture of his worldly estate, but with so great a torment of conscience that, poor gentleman, he fell into such fits of melancholy and distemper therewith, that it was generally given out that he was distract of his wits.

There was another knight also, more rich in worldly substance than furnished with spiritual money to maintain the war against his spiritual enemies. This man, seeing persecution to come against him with double forces to the strength of grace which he had provided to resist, "rogavit ea quae pacis erant,"(525) and did it in such manner as that "omnes qui viderunt, inceperunt illudere ei."(526) For, thinking to give double satisfaction if he could bring his wife to church with him, he laboured to overthrow her constancy in that kind, and when he found she would not yield unto his desires therein, the poor gentleman, out of his too much desire to seem conformable, went unto the Commissioners and complains of his wife's obstinacy in that point, desiring them to help him to reform his wife, or rather, indeed, to deform her according to his ill example.

But she remained constant, and he, poor knight, was laughed at for his labour, even by his very enemies, with whom he sought to gain much credit with that double diligence.

A third example I heard, of a gentleman of good estate, who, preferring darkness before light, and seeking to make a convention or union between G.o.d and Belial in his soul, offered himself to go to their heretical conventicles for the saving of his worldly substance; and so he did, and escaped the punishment of the law: "sed nunquid Deum fallere aut fugere potuit?"(527) No. "Qui voluit animam suam salvam facere, perdidit eam."(528) He went to church: he thought to preserve his goods for the provision of many years, "et stultus non praevidit quod illa nocte repeterent animam suam;"(529) he was stricken with sudden death, leaving his goods to the fruition(530) of others, and this dreadful example to the admonition of all.

So merciful hath G.o.d been unto us in these times of our greatest needs and trial, as to encourage us by the worthy example of many that stand, and to terrify by the example of these few that have fallen; for I have not heard of any other examples of any men(531) of note; which, if we compare with that which St. Cyprian recordeth of his times, when great numbers did run to offer themselves before they felt the force of persecution, upon the only fame and fear that an edict was to be published against the Christians, this may give us great hope that G.o.d neither is nor will be wanting with His graces, if we be not wanting to ourselves, but will give us abundance of spiritual forces answerable to the measure of that trial He will put us unto, "nec patietur nos tentari ultra(532) id quod possumus, sed faciet c.u.m tentatione proventum ut possimus sustinere."(533)

The Parliament presently ensued, against which time the Puritans had provided two pestilent books, as hath been touched before: the one to prove all recusants to be traitors, the other that the rules and precepts of the Catholic doctrine, yea, the very fruit of the whole tree of the Catholic Roman faith, was to teach men disobedience to Princes, yea, to deprive Kings of their temporal estates, and, finally, to kill, murder, and destroy their persons. And all this to the end that both the King himself and all the Peers of the realm might be so incensed against Catholics and their religion, as to proceed by laws against the one, as against traitors proved and convinced so to be, and to seek by all means possible, not only to cut down the other as a tree bearing in their opinion such poisoned fruit, but rather wholly to root it out of their earth of England, that there might be no memory left of the name of a Catholic in the land. And they prevailed so far with the false reasons set down in these malicious books, and with their most(534) subtle and manifold subornations exhibited unto His Majesty and the Peers in the Parliament House, taking occasion to blow the coals that already were kindled in dislike taken against Catholics for the late attempt, that they easily prevailed to get those laws pa.s.sed which before they were resolved of, and which in particular were known to be a breeding when those gentlemen ran so heady a course to prevent so great a deluge of persecution, which they feared, and we have felt to light upon us.

For although they now int.i.tle this new increase of persecution to be occasioned by that temerarious conspiracy, which is disliked by us as much as by themselves, yet certain it is (as I have showed before) that these laws were intended and prepared before either they or we knew anything of this intention of conspiracy. And many of the Puritans themselves, "ex abundantia cordis,"(535) could not choose but utter how fully they were resolved in that Parliament to seek the utter extirpation of the Catholics, and what things in particular they would procure and were prepared to be enacted against them. And truly the laws which they then intended, and which they afterwards in the Parliament procured to pa.s.s against us, were very sufficient in the likelihood of human reason to work the effect which they most wished, and to root out Catholic religion and all that professed the same out of the land, if G.o.d did not stand in defence of His servants,(536) against Whom neither wit nor force of man, "imo nec portae inferi praevalebunt."(537) How cruel and afflictive the laws are in themselves, and how grievous and intolerable it is for Catholics to live where they are put in execution, I will leave to the judgment of the prudent reader, meaning in the next chapter to set down a catalogue of them, that he may see in one place collected together a sum of those afflictions unto which we are continually subject, that he may not hereafter permit himself to be deceived with such false reports, as are of purpose given out by the politics of England, that forsooth the persecution is not great and that none are there punished, especially not with death, but for matter of State and treason against the Prince; which to be most untrue his own eyes shall be judge, when he reads the very words of the statutes enacted, which I will truly but briefly set down as they lie in the statute-book, which is printed and in every man's hands through England, so well known that it cannot be contradicted.

And now, after the Parliament in which all these laws were pa.s.sed against us, to add unto the weight of our heavy burthen, two other new afflictions were devised, not specified in the laws: the one to punish the bodies of Priests, the other to afflict and wound the minds of all sorts of Catholics.

The first was a proclamation of banishment to all Priests, that by such a day, which was there limited within a short compa.s.s in the edict, all should depart the realm; if not, to expect no mercy but present death upon their taking. By which banishment, as they pretended, on the one side, to do it in show of favour (as though they sought not their deaths, but rather wished they would draw themselves out of danger by their voluntary departure). And, indeed, it is true they do not so much seek their deaths as their departure, knowing on the one side, by experience, what force the blood of martyrs is of, both for the confirmation of Catholics and conversion of heretics; and withal that there is no means so effectual to scatter St. Peter's sheep, and to make them a prey unto the wolf, as to take their Pastors from them: for, as St. Bernard wisely saith, "Vae illis qui a.s.sumuntur ad opera fortium, et non aluntur cibo fortium."(538) So that with this counsel, this seeming favour, but indeed a slow consuming fire of persecution was put in practice, and many Priests that were in prison in several places of England were, according to the same edict, put into ships and banished the realm by the day prefixed. Knowing withal what misery and want they were like to suffer in foreign countries, where they were not capable of benefices or cure of souls for want of language, and where their wants must needs be exceeding great, having no friends nor acquaintance nor means to furnish themselves even with necessaries, unless it please Almighty G.o.d to move the hearts of Princes to impart some temporal relief unto them, that they may be partakers of their spiritual riches and the merits of their sufferings. And this was hoped by the heretics would not be very plentiful, in respect of the seminaries and the wants of other afflicted Catholics in those parts, who have also continual need of their charitable helps. And hitherto, as I understand, their wants are very great and the provision very small which is made for them, and the hopes and desires of the heretics too much followed. But G.o.d will raise them friends, I trust, and send them provision in due season, "qui recordatus est Danielis in lacu leonum et pascit etiam pullos corvorum invocantes eum;"(539) and though sometimes He will try His servants far, yet doth never forget the least of them, "quorum etiam capilli numerati sunt."(540)

The other more universal affliction, and the same so much more grievous as it was more internal and piercing even to the very souls of those that did accept it, was a new oath devised for the distinction, as was pretended, between faithful and faithless subjects to their Prince, but indeed to distinguish the true subjects of the See Apostolic from those that would renounce the power thereof for the pleasing of their Prince.(541)

Chapter XVII. A Catalogue Of The Laws Against Catholics Made By Queen Elizabeth And Confirmed By This King, And Of Others Added By Himself.

It hath ever been one point of policy in the Government of England, since the beginning of persecution there, to hide the same from the knowledge of the world, and from being judged to be such by other kingdoms round about them, as much as could be possible. To this end they have ever sent and maintained their instruments in other countries to(542) maintain that opinion in men's minds. To this effect often advices have been(543) sent into all Princes' Courts by letters, which their friends and favourers there should publish and procure to be believed. For this cause, when any Catholic Princes' Amba.s.sadors have come into England, there hath been cunning wits ever employed to resort unto them and possess them with a different conceit from that which is and hath been the true state of Catholics in England. And if they were such as come with intention to labour for the help or ease of Catholics in any sort, then, perhaps, for a time there should be some cessation, or else some hope or half promises given, of toleration, or mitigation at least, in that matter. And that which they could not hide from being seen, they would at least cover, and keep from being known to be persecution for cause of religion. And, therefore, both in their laws at home, and letters of information sent abroad, would invest the same with other names, as of treason, and offences against the State; when nothing less than disobedience to the civil government was found in Catholics, nor any subjects in the realm more faithful, or loving, or obedient to their Prince in all things which were not against their faith or religion. Yet did the politics ever with printed books endeavour to prove that all was but the execution of justice against traitors and persons disobedient to the State. But herein they follow the platform of the first enemies and persecutors of Christ and His Church; and we the example of our Master, suffering as He did, for that which we neither preach nor practise, nor can be proved against us.

Although they cry out never so loud, "Invenimus hos subvertentes gentem nostram,"(544) because we desire to draw them to their ancient faith and profession of the same: "et prohibentes tributum dari Caesari,"(545) because we will not grant the supremacy in ecclesiastical matters which he affecteth, (for as for other corporal tributes, none are so ready as Catholics to pay all duties): "et dicentes se Christum et regem habere(546) alium,"(547) because we say and profess that the Pope is Christ His Vicegerent on earth and governeth His spiritual Kingdom, and we His children and subjects in this spiritual government.(548)

Therefore, although they cry out never so much that this is "contradicere Caesari,"(549) and that whosoever doth favour this cause is not "amicus Caesaris;"(550) yea, though they cry, "Crucifige, crucifige,"(551) against us, and lay the heavy cross of persecution upon our shoulders for this cause, we must and will have patience, because it is Christ His cause and quarrel, and not as they affirm, and would have the world believe, that we suffer for matter of State, or for stubbornness and disobedience to(552) the King or civil government.

And that the truth may herein the better appear, I will now, according to my former promise, set down a Catalogue of the laws that are made and stand in force against Catholics in England, which being carefully considered by the discreet and pious reader, I will ask no other judge than himself, either touching the greatness or the cause of persecution in England, for I know he will both see and say much contrary to that which the politic heretics in our country and their favourers in other places have given out, and would gladly have to be believed.

And albeit there be many severe and rigorous laws and statutes in force against Catholics at this day in England, that were made by King Henry the Eighth after his revolt from the Church of Rome, as also in(553) the Governors of King Edward the Sixth, under whom religion was first altered and the sects of Zuinglius and Calvin were brought into our country: which laws and statutes, being repealed by the Princes of pious memory, King Philip and Queen Mary, were revived again and established by the authority of other Parliaments under Queen Elizabeth and the same confirmed, as hath been said, by His Majesty that now is: yet do I not think it necessary to set down(554) in this place any other statutes than such as were made and allowed by these two latter Princes, which comprehend all the other, with many additions and aggravations besides. And in citing them, I will use as near as I can the very words themselves of the statutes, as they are in print.

First, then, Queen Elizabeth, coming to the crown in the year of Christ 1558, she called a Parliament soon after, in the said first year of her reign, wherein she repealed all the good statutes and laws which her sister, Queen Mary, had made in favour of Catholic religion, conform to the laws of all her ancestors, Kings of England, from the first Christian King until that time, except the latter end of her father's reign, King Henry the Eighth, and the minority of her brother, King Edward the Sixth, whose laws in favour of schism and sectaries(555) Queen Elizabeth revived, adding many of her own, which after do ensue.

And first of all, she meaning to break princ.i.p.ally with the See of Rome, as well in regard of her nativity, which the said See held not for legitimate, as of the favour borne by the said See to Queen Mary of France and Scotland, mother to our King that now is, then living and reigning in prosperity, and much envied and suspected by the other; it was enacted that every Englishman, of what state, degree, or condition soever, whensoever he taketh any office, dignity, ecclesiastical benefice, or holy orders, any degree of school, university, profession, or other promotion temporal or spiritual, shall take a corporal oath upon the Evangelist protesting and swearing that he doth utterly testify and declare in his conscience that the Queen is Supreme Head of the Church of England and not the Pope; and that neither he nor the See of Rome had any ecclesiastical jurisdiction, power, superiority, or pre-eminence over that Church, nor ought to have. So help him G.o.d.(556) _Stat. an 1 Elizab. cap. 1._

And moreover, that whosoever shall refuse to take and make this oath, being required thereunto, shall for the first time of denial, not only be disabled of the foresaid preferments, offices, degrees, and dignities whatsoever, but also lose and forfeit all his goods and lands to the said Queen, and suffer perpetual imprisonment as in case of _praemunire_. And for the second time, if he persist three months in the same after the first tender, and will not take and p.r.o.nounce the same oath in form aforesaid, then he shall forfeit, lose, and suffer death, and other like pains, forfeitures, judgments, and executions as is used in cases of high treason. _Ibid. et an 5 cap. 1._ This treason you may see was only against the state of heresy and schism, not against the State of Queen or Commonwealth.

And then yet further. Whosoever shall by writing, printing, preaching, or teaching, by express words, deed, or act (for so are the words of the statute), advisedly and directly affirm, hold, set forth, maintain or defend the authority, power, or jurisdiction spiritual or ecclesiastical of the Bishop of Rome, or his See, heretofore claimed or used within the realm of England, or of any other dominion or country thereunto belonging; for his first offence he shall forfeit and lose all his goods and chattels, as well real as personal: and for the second offence, besides the loss of goods and lands, he shall be cast into perpetual prison: and for the third time (if again he offend in defending the said Pope's authority), he shall suffer the pains of death, and other penalties, forfeitures, and losses appointed in the cases of high treason. _An 1 Eliz. cap. 3 et an 5 cit._

And then for conclusion. Whosoever shall be aiders or abettors to any such offenders, a.s.sisting or comforting them to set forth and extol the said power and ecclesiastical authority of the Bishop of Rome, or to refuse the foresaid oath in form before set down, and shall be lawfully convicted thereof; they shall for the first time lose all their goods and lands, and for the second be condemned to perpetual prison as in the statute of provision or _praemunire. An 5 Eliz. cap. 1._

And these punishments were afterwards more increased by another Act of the same Queen, in the fifth year of her reign, where it was ordained that all aiders, counsellers, and comforters(557) in this case should for the second time suffer the pains of death, and other forfeitures and losses of their goods, lands, honours, and n.o.bility, as in cases of high treason.

_An 5 cap. 1._

It was ordained in like manner, for preventing of the Catholic education of all English youths, that no person shall take upon him to be a schoolmaster or teacher of children, either in public schools or private houses, except he first take the said oath against the Pope's spiritual authority, and that he believe the supreme authority of the Queen in all causes ecclesiastical. _Ibid._

Moreover, it is enacted by authority of the said Parliament that all clergymen shall leave and abandon from this time forward the old Roman use of Latin service, Ma.s.s, and administration of other Sacraments, and shall betake themselves to say or sing the same in English in all churches and chapels, and to administer the Sacraments after the manner, rites, and fashion which is set down and prescribed in a new book of Common Prayer set forth for the purpose, and he that shall refuse to do so, or shall use any other rite or form of service or Sacraments than is therein appointed, shall for his first default be committed to prison for six months and lose the fruits of all his ecclesiastical living for a whole year, and for the second offence shall lose all his living for ever and lie in prison a year, and for the third time shall be condemned to perpetual prison all the time of his life. _An 1 Eliz. cap. 2._ Here you may see what it is they intend when they urge Catholics to come to their churches and service, and that it is no act of temporal duty or obedience in civil matters which they require (as they will sometimes pretend, to make us thought disobedient and stubborn), but a renunciation of our old and the only true religion and a conformity to their new doctrine. This is the thing which we refuse, and for which they call us recusants, and for which they punish us by many and severe penalties, as shall appear by those that follow.

And conform to this it was also decreed that if any layman that hath no ecclesiastical livings shall be present at any other sort of service than the aforesaid appointed in the common book of prayer, as, for example, at Ma.s.s or Roman service, or shall receive any other sacraments, or after other manner, form, or ceremony than is there prescribed, he shall, for the first time of his so offending, forfeit an hundred marks of lawful English money unto the Queen, for the second four hundred marks, and for the third shall lie in prison all days of his life. And if he refuse to come to the church he shall pay xiid. for every Sunday and holiday wherein he faileth. _Anno 1 et 5 Eliz. cap. 2._

These laws made Queen Elizabeth in the first five years of her reign. But afterwards, growing more angry with Catholics and Catholic religion, but especially with the See of Rome for the sentence of Pius Vtus against her, she added many b.l.o.o.d.y laws more, in the thirteenth year of her reign. As, for example, that if any man shall bring into England or into any of the dominions thereunto belonging, from the Pope of Rome or from any man that hath authority from him, any Bull, writing, instrument, or authority to absolve or reconcile any person, or to promise any such absolution or reconciliation by speech, preaching, teaching, writing, or any other open deed, that then all and every such act or acts, offence or offences, shall be deemed and adjudged by the authority of this Act to be high treason.

And as well the offenders as the procurers, abettors, and counsellors, shall suffer death and other losses as traitors. _Anno 13 Eliz. cap. 1._

Moreover, that if any person within the realm of England or dominions thereof, after the first day of July, Anno Domini 1571, shall willingly receive or take any such absolution or reconciliation from the said Bishop of Rome or any of his successors, or by any that have authority from him; yea, if he shall receive or admit any manner of Bull, writing, or instrument from the said See of Rome, written or printed, containing any such thing, matter, or cause whatsoever, or if any offer thereof, motion, or persuasion being made unto him, shall not disclose or reveal the same to some of the Privy Council, all shall be high treason in him, and he shall suffer death and other losses for the same, as in cases of that crime is accustomed. _Ibidem._

And yet further, that whosoever shall bring into any dominions of England after the time before named any token or tokens, thing or things, called by the name of Agnus Dei, or any crosses, pictures, beads, or any such like, from the Bishop or See of Rome, or from any person or persons authorized from the said Bishop or See to consecrate or hallow the same; or shall deliver or offer, or cause to be delivered, any part thereof to any subject of this realm, or of any the dominions thereof, to be worn or used in any wise, that then, as well the same person or persons that shall receive the same to the intent to use and wear, being thereof lawfully convicted by the order of the common laws of this realm, shall incur the penalties, pains, and forfeitures provided by the statute of _praemunire_, which are the loss of all his lands and goods and perpetual imprisonment.

_Anno 13 Eliz. cap. 2._

Now when, by the acerbity and peril of so many cruel laws and statutes, divers Catholics, being terrified, desired and sought means to go into voluntary banishment beyond the seas, and to leave the realm either with or without licence, the Queen, understanding thereof, prevented them with another new law the very next year after, enacting that all and every person and persons, of what state, degree, or condition soever they be, under the obeisance of the said Queen, who sithence the first day of her reign have pa.s.sed or hereafter shall pa.s.s into any dominions of foreign Princes without her special licence by writing, under the great seal of England, privy seal, or privy signet, and shall not return within the s.p.a.ce of six months next after proclamation made for them to return and yield their bodies to the custody and ward of the sheriff of the county, &c.; all such persons shall forfeit and lose to the said Queen the whole profits of their manors, lands, tenements, and hereditaments during their lives, and all their goods and chattels for ever. _Anno 14 cap. 6._

Moreover, that if any person, born under the obedience of Her Majesty, have or shall pa.s.s into foreign countries with leave and licence, as before is prescribed, and shall not presently, within six months after the expiring of the said licence, return home and yield their bodies in custody, as is before prescribed, shall suffer the same loss of goods and chattels and the rents of their lands as the other that went forth without licence.

And whatsoever conveyances, estates, grants, leases, gifts, or devises, they or any of them shall be found to have made of their lands and goods for their own relief to defraud the Queen, shall be utterly void, and of no validity at all in law. _Anno 14 Eliz. cap. 6._

These laws pa.s.sed in the first fourteen years of the Queen's government.

But afterwards, as she grew older, she did in most Parliaments aggravate the same. As, namely, in the twenty-third year of her reign, taking upon her to expound and explicate the former statute of bringing in Bulls, &c., from Rome, she determineth that by what means soever any man did pretend faculty or power to absolve any person or persons from their sins, or shall reconcile them to the Roman Church, or persuade to the acknowledgment of the Pope's ecclesiastical authority over England, it shall be high treason both to the absolver and the absolved, to the reconciler and to the reconciled, that shall willingly yield thereunto, yea, and to all the procurers, aiders, and counsellors. All which, being lawfully convicted thereof, shall suffer death, as in case of high treason. _Anno 23 Eliz. cap. 2._

And if any person or persons shall come to know of any man so absolved and reconciled, or of any such that doth absolve or reconcile, and shall not, within twenty days at the furthest, disclose the same to some justice of peace, or to some higher officer of the Prince, he shall be taken, tried, and judged, suffer and forfeit as offenders in misprision of treason, _vdlt._, he shall forfeit his lands and livings, but not suffer death for the same. _Ibidem._

(M30) In this Parliament also it was decreed, that for so much as many Catholics did upon conscience retire themselves from going to the Protestants' church and service more than before, that every such recusant, being above the age of sixteen years, instead of paying xii_d._ for every Sunday, which was by former statute appointed, should now forfeit and pay to the Queen 20_l._ of lawful English money for every month, and, besides this, should be bound to put in sufficient sureties in the [sum] of 200_l._ at the least for their good behaviour, and so to continue bound until such time as the person so bound do conform himself to come to church. _Anno 29 Eliz. cap. 2._