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Vol. XLVIII

The Catholic Record Society was founded 10th June 1904, for printing Registers and other old Records of the Faith, chiefly personal and genealogical, since the Reformation in England and Wales


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PART II EDITED

BY

Professor T. A. BIRRELL, M.A .. W1TH TRANSLATION BY THE

Reverend John Bligh, S. J . LONDON 1953 PRIVATELY PRINTED FOR THE SOCIETY BY JOHN WHITEHEAD & SON LTD., LEEDS


PERSECUTION IS CATHOLICORUM

+

ANGLICANAE ET CONJURATIONIS PRESBITERIANAE HYSTORIA. [AUTORE

P.

WARNERO, s.J., REGI JACOBO IIdo A SACRIS.]

LIBER IV. MDCLXXX. (443) ARGUMENTUM. Qualis Oates, et qualis hic ann us ? Pericula Carolo imminentia, qua ratione discussa. Ejus Edicta contra festivos ignes et falsa nova. Eboracensem e Scotia revocat. Libelli Supplices pro Parlamento. Actiones in sex sacerdotes, Castlemanium, Gasconium, Cellariam, Hunterum, Bartonum, +Riverium+ et Thwingum, et de hoc sumptum supplicium. Powisia et alii liberantur. Accusatur Eboracensis Papismo [et Catholici, Statuisse classem incendere cancelled]. Bedloi mors. Parlamentum. Statuit Inferius Conclave Eboracensem successionis Jure exuere; sed frustra. In eo Shaftesburii seditiosa et insolens Oratio: ad hanc responsio . . Dicam scribit in Scroggium. Actionem instituit Inferius Conclave in Staffordum; quem Reum renunciat Superius. Senescalli ad hunc Oratio cum Scholiis. Staffordii ultima Oratio, et genus. Parlamenti Acta. Comet a terribilis. Tempestas in J esuitas Lancastrenses. Arnoldi stratagema malignum. (444) OATES QUALlS. Serio cogitanti et attenta mente revolventi totam hujus ficticiae Conspirationis seriem, ejus ortum, progressum, incrementum, statum, decrementum, et exitum, (suas enim habent magna negocia quasdam statas periodos, sicut vita humana suas, Pueritiam, Infantiam, Adolescentiam, Virilem et Senilem aetates), nunquam credibile fiet, Oatis aut unicas in ea administranda, aut etiam precipuas fuisse partes. Nihil in eo, quod ei fidem conciliare, authoritatem circumdare posset; omnia contra. +Ejus solus aspectus ita perculsit Illustrissimum ac Reverendissimum Dominum de la Baume de Suze, tunc Audomarensem Episcopum, nunc ArchiEpiscopum Auxetanum, ut iste vix induci potuerit ad sacro eum cum aliis Chrismate liniendum.+ Mentis in eo summa stupiditas, lingua balbutiens, sermo e Trivio, vox stridula et cantillans, plorantis quam loquentis similior. Memoria fallax, prius dicta nunquam fideliter reddens, frons contracta, oculi parvi et in occiput retracti, facies plana, in medio lancis sive disci instar compressa, prominentibus hinc inde A


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genis rubicundis, nasus simus, os in ipso vultus centro, mentum reliquam faciem prope totam aequans, caput vix corporis trunco extans, in pectus declive, reliqua corporis hisce respondentia, monstro, quam hominum similiora, contemptum; perditissimi mores flagitiis omnis generis, etiam quae pudor recensere vetat, cooperti, nec ulla dissimulatione tecti, nulla industria tegendi, quod toto vitae cursu extarent, bonorum odium excitabant. Accedebat ira impotens, lingua intemperans, nulli, nec homini nec sanctis neque ipsi Deo parcens, ubi commota bili; tanta mentiendi, et pejerandi licentia, et temere quosvis obvios, si tantillum offendissent, accusandi audacia, nullo personarum discrimine, nulla Veritatis habita ratione, ut identidem ab iis, quibus se fingendum permiserat, fuerit ad palinodiam adactus, cum viros perditum iret ipsis gratissimos, ut instrumentum magnis rebus gerendis magis impar vix inveniri potuisse videretur. (445) At factionis mens et anima, cuncta dirigens, Shaftesburius erat, Angliae Achitophel, Regiae Authoritatis pestis, Regiae familiae flagellum, gent is totius pernicies, qui seditione concitata potestate plus quam Regia Senatui Populo que Londiniensi imperitabat. Hic bonae Famae incurius, magnae supra modum appetens, Regis e solie detracti, ditionibus omnibus ejecti, imperio exuti laudem, quam putabat amplissimam, cum allis dividere nolebat, sibi soli vindicare voluit; gloriari solitus, ut alibi dictum, se Regem Regno suo [sicJ manu educturum. (446) PERICULA CAROLO IMMINENTIA. Huic potissimum Gloriae ambitui acceptam ferimus Caroli incolumitatem in summis quibus cingebatur periculis. Erat enim planissime in Shaftesburii potestate, fidis ei ministris aut fuga dilapsis, aut stupore defixis, quibus alii a Shaftesburii nutu pendentes successerant, [f. 105J quorum cuilibet, quam facile Parricidium peragere, invisum Regem occidendo! Quam tutum, quibus impunitas Conclavis Inferioris scito pridem parata, facinoris ration em e Papist is reposcendam in eos vindicari cernente! Quod si non singulari manu percuti sed justo agmine opprimi placeret, quanta opportunitas, cum tantum non ad Regii Palatii fores xxx. circiter armatorum millia combustum Papam in effigie convenirent! Quid adversus tantam multitudinem presidii in ducentis satellitibus, primam impressionem non laturis? Quid opis in duobus tormentis majoribus prae foribus positis, puerorum terriculamentis, magno boatu parvas clades edituris? Sed Divina Pro videntia in Regni bonum excubans utrumque periculum discussit, excitata in Shaftesburii mente de ipsius artibus fiducia. Un de discamus Superiorem Mentem rebus humanis praesidere, in cujus ita potestate cuncta sunt posita, ut nisi ipso volente nihil eveniat, maxi me Regibus, Nobilissimis Providentiae subjectis. De quo ampliora videbimus et clariora indicia, in hujus hystoriae decursu. (447) QUALIS HIC ANNUS. Annum aggredimur, minus quidem sanguinis ex Innocentum suppliciis daturum, sed libellorum


ENGLISH PERSECUTION OF CATHOLICS

321

famosorum insania furiosum. Catholici in Anglia resides, aut carceribus aut domi suae clausi latebant; Protest antes omni consilio destituti nihil agebant; Presbiteriani non jam impunitate et arcana suo laeti, cuncta sibi contra Jura rapiebant, et quia praevalebant, incipiebant ultionem respicere. Pacis cupidos, quietis amantes concurrentia e diverso odia premebant, signiferis ad seditionem iis, quos Patientiae doctores esse oportebat, per quos communis hujus saeculi pestis immunitas in populum vulgata est, mutatis aut inversis rerum no minibus ut caeca dissidendi libido et procax in imperiis detrectandis audacia, Pius Ardor, Laudabilis Zelus; modestia et animi temperies, Ignavia aut etiam subinde Proditio vocaretur. (448) Shaftesburius eo jam provectus licentiae, ut impunitatem nisi in Audaciae magnitudine, et Reorum multitudine non speraret, novos in dies libellos edi curabat, foment a discordiarum, Seditionum flab'e lla; et pro classico ministellorum conciones. Incertum utri magis Paci publicae nocuerint, quam utrique elimin at urn ibant. Ex utrisque summae Potestatis primo odium, exinde contemptus; quae tamen subditorum Amore et Reverentia, quam Armis valenti or est. Invalida adversus haec mala Juris praesidia, cujus dictio magna ex parte penes factiosos. Concionatores tutos praestabat qualis qualis Ordinis Reverentia; Laicos turba, et Duodecim viri e factiosis ut plurimum electi. Quod si alicujus aut Honor aut Bona quicquam detrimenti publica Tribunalium sententia caperet, publica laude et collatitia pecunia resarciebatur; ut Judicum animadversio noxios majori tanfum fortunio mactare videretur. Id Typographo contigit ob libellos numellis damnato, imposita bis mille scutorum mulct a ; quem populus ut martyrem coluit, pro se atque Justitia passum, et tradita ei crumena mulctam continens, un de solveret. (449) Duo respiciebant ista scripta: vera facta, multis falsis additis, maligne repraesentabant; et veteres discordias novis suspicionibus accendebant. Nullum adversus ista mala praesentius remedium Lestrangii Opusculis, qui totus in eo erat, ut factiosorum studia detegeret, per se, per amicos, detect a propalaret. Hinc varii timuere ne praesentem audaciam, rebus mutatis, sera sed seria paena luerent. Sic murum se pro Regimine opposuit contra acerrimam, potentem et pervicacem faction em, magno Regni bono, pari bonorum gaudio ac improborum odio. Instanti comitiorum tempore, ex Anglia secessit tantisper, illisque solutis reversus est. (450) LIBELLI SUPPLICES PRO PARLAMENTO.~ Maxima hoc

*

*

Perhaps Benjamin Harris for the Appeal from the Country to the City . .. London, 1679, by Charles Blount (Wing B. 3300). Cf. Resolutions of the House of Commons for the Impeachment of Sir William Scroggs, Knt . ... 23 Dec. 1680, p. 140-but the cases of ' Elephant' Smith and Henry Care are very similar. ~ For the organization of these petitions see North, Examen, p. 541 sq., and H.M.C., Ormonde N.S., iv, 560, . 565, 568.


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tempore de Parlamento contentio, in quo factiosorum spes, Regiorum formido; hujus sessiones frequentis et longas esse cupiebant illi, hi e contra perbreves et infrequentes. Dixi in Apparatu Regis esse Parlamenta convocare et remittere, et [j. 106] indubie Majestatis Reos esse, qui Rege nolente vel convenirent vel contendere pergerent. Vt ergo quod Jure sine Carolo fieri non posset, ipso volente fieret, ut Parlamentum indiceret urserunt primum consilio et rationibus, deinde lib ellis supplicibus multorum cum e primaria N obilitate tum e populo sUbscriptione munitis. Ad subscribendum Pauperes pecunia, Pueri virgis inducti; fuerunt qui ignotos in plateis obvios prensarunt; multa nomina nusquam extantia addiderunt; fuerunt qui singuli multa in cumulum conjicerent. Has pudendas Artes anna superiori inchoatas, in sequentes continuatas, Lestrangius propalavit, +et ostendit absurdum esse quod opifices illotis manibus in haec imperii arcana involarent, et Regi praescriberent quando e Republica esset habere Parlamentum, quasi ipsis quam Carolo aut ejus Consilio notiora essent Regni negocia; stultum vero quod etiam Pueri accersarentur. + Monmuthius certo suum adjecit, aucta inde Patris offensa. Carolus, certus procrastinatione uti, quo fervida Presbiterianorum ingenia deferverent, et rediret Populo sana mens, libellos ejusmodi offerentibus respondit ea de re se deliberaturum; omnibus optare animum, qualem habebat ipse, boni Publici studiosum. Et edixit Praetori . Aldermanisque, in eos inquirerent, qui ejusmodi libellos circumferrent subscriptores prensatum, in eos jure agerent veluti Pacis perturbatores, Seditionis et Rebellionis concitatores, publicos hostes. Item Edicto vulgato sub paenis Jure statutis vetavit ejusmodi libellos componere, iis subscribere, aut aliis subscript uris offerre.~ Non tamen ut abstinerent obtinuit. Convocatum quidem fuerat Parlamentum in xvi Octobris anni superioris, sed rejectum in xxvi J anuarii hujus; quando Carolus iis dixit, si id exigerent negocia aliorum quibuscum faedus icerat, habendam proximam sessionem Aprili sequenti; alias non habendam, quod Suspiciones et Discordiae nequam hominum industria satae et fotae majus Parlamenti intervallum requirerent, quibus sanandis alia remedia viderentur inefficacia. (451) Vt tamen Parlamenti spe lactaret illius cupidos, jussit iterum xv Aprilis convenirent; quando a Cancellario Caroli absentis jussu ad xvii Maii, inde ad i Julii [dilatum]. Nec ante Novembrem celebratum est; quid tum egerit, infra videbitur. Alio etiam signa ostendit sibi displicere eorum studia qui pro Parlamento supplicabant. Cum enim Baro Chandos proponeretur ad legation em Constantinopolitanum, Carolus id non approbavit initio, quod ejusmodi libello subscripsisset; ratum habuit, ubi

*

*

A Short Answer to a Whole Litter of Libels . .. , by Roger L'Estrange, 1680 (Wing L. 1307a), p. 5. , Steele, 3699 and 3703.


ENGLISH PERSECUTION OF CATHOLICS

323

*

alter culpam agnovit, et ejus sibi gratiam fieri humillime rogavit. Quod se plane non desereret ani mati Regii, undique submissis lib ellis gratias habuerunt Carolo, quod Parlamentum adeo importuno tempore non congregasset; audaciam eorum detestati sunt, qui hujus rei cognitionem, quae haud dubie Regii Juris erat, ad se raperent. Confirmarunt quae Lestrangius observavit, ignotorum subscripta nomina, aut nimium notorum, ob exploratum novarum rerum studium. Multi gratias egerunt speciatim quod Eboracensem e Belgio revocasset. (452) EBORACENSIS REVOCATUR IN ANGLIAM. N otandus meliori lapillo dies +xxiv Feb.+ quo iste, post Exilium Belgicum Regimenque Scoticum, Caroli fratris amplexibus et consortio restitutus est, fausto secuturae Pacis omine, quam, in Scotia sopitis Discordiis, factiosis compressis, conciliatis cum inter se tum cum Caroio Procerum animis, ita stabilierat,~ ut nullis deinceps Gregalium Calvini conatibus cesserit, meritus non a Consilio tantum Regio atque Provinciarum Urbiumque Praefectis, verum etiam ab ArchiEpiscopis Episcopisque amplissimas gratias, Catholicus licet, nec cum iis in sacris communicans. = (453) Gratus ejus adventus omnibus Calvini veneno intactis, Shaftesburii praestigiis liberis. Non tamen ideo cessarunt Actiones in Catholicos, antea inchoatae, deinde continuatae; et creditum spopondisse se non iis intercessurum. Has jam videamus. (454) SEX SACERDOTUM CERTAMEN.ยง Ea xvii Januarii instituta in Gulielmum Russellum,** Carolum Parisium,~~

*

James Brydges, Lord Chandos. North (Examen, p. 467) suggests that Charles's initial refusal was to assert the fact that the appointment of the Ambassador to Constantinople lay in the hands of the King, and was not a prerogative of the Turkey Company. ~ 'A' reads 'firmarat.' :t It had been rumoured that while in Scotland James had received Communion in the Protestant Church. ยง This trial has been given some attention by J. G. Muddiman in State Trials, the need for a new and revised edition (1930). The printed accounts are The Tryals and Condemnation of Lionel Anderson, alias Munson, William Russell, alias Napper, Charles Parris, alias Parry, Henry Starkey, James Corker and William Marshall for High Treason as Romish Priests . .. Together with the Tryal of Alexander Lumsden, a Scotchman and The Arraignment of David Joseph Kemish for the same Offence . .. , Saturday, January 17th, 1679. Published by Authority, London, 1680 (B.M. 515, 1, 4 (4) ), and Some of the most material Errors and Omissions in the late Printed Tryals of the Romish Priests . . . " (London, 1680) (B.M. 8122, i, 1 (9) ). Also A Brief account of the Proceedings against the Six Popish Priests ... , 1680 (Wing L. 3484). For some mention of the trial in the Hatton correspondence see Appendix. Vere Napper or Napier-cJ. Jeffreason, iv, 141. Son of Edmund Napper of HolyweU, Oxford, and Joyce Wakeman of Beckford, Gloucs. He remained in gaol until he was banished in 1684, and died at St. Bonaventure's, Douay, on 4 October 1693, aged 74 (Oliver, Collections, p. 565; Thaddeus, Franciscans in England, p. 277, and Stapleton, Post Reformation Catholic Missions in Oxfordshire, p. 214. The latter gives a full history of the family). . ~ ~ Charles Paris. or Parry, was arrested for priesthood on the evidence of Prance on 3 May 1679 (Jeffreason, iv, 131, and Bowler, C.R.S., xxxiv, 245, 252-3, 285).

**


324-

ENGLISH PERSECUTION OF CATHOLICS

Henricum Starkeyum,* e Clero Seculari, J acobum Corkerum et Gulielmum Martium, ~ Ordinis S. Benedicti, et Leonellum

*

It is not conclusively certain that the Col. Henry Starkey of this trial can be identified with Dom. Henry Hugh Starkey, O.S.B. (as in Birt, p. 58, and Allanson MS. Biographies, f. 194). A Henry Starkey (alias Bernard Lee), son of Henry Starkey and Jane Wilkinson of Darley, Co. Chester, was admitted to Douay as a convictor, aged 22, on 27 January 1632, and entered Grammar (C.RS., Third Douay Diary, p. 300). On 14 Dec. 1646 the President of Douay wrote to Fitton and Harrington to say that he could not admit, as they had asked, Dominus Starkey, a priest of Lisbon, " propter defectum unius tibiae quam in Bello Anglicano amiserat" (C.RS., Fifth Douay Diary, p. 490) . But the only Starkey of Lisbon mentioned in Croft's Register is one Charles Starkey (alias Warburton), son of Henry Starkey of Darley, Co. Chester, admitted 1636 and ordained 1638. In February 1649 one Henry Starkey, born at Darley, Cheshi~e, second son of Henry Starkey of Darley, was professed at Lambspring (Birt, p. 58). But if the Starkey of the trial was the same as the one who entered Douay in 1632, Lisbon in 1638, and Lambspring in 1649, there is a discrepancy in ages and Christian names. To add to the confusion, there is a Parliamentary pamphlet among the Thomason Tracts, A Royal Message . ... likewise the true Relation of a Bloody Conspiracy by the Papists in Cheshire . ... 1641 (B.M., E. 178 (9) ), which gives an account of a skirmish on 20 Nov. 1641 between the train-bands of Chester and a group of recusants who refused to give up their arms, and who were led by Lord Choomes (sic) and Henry Starkey, his steward. In the fighting Starkey was seriously wounded in the thigh and removed to prison, where, according to the pamphlet, he died. The Starkey of the trial was clearly a well-known cavalier figure, and his remarks there, and in his letter of 5 April 1683 to Secretary Jenkins (C.S.P.D., 1683, p. 159), are substantiated by other material. In August 1649 George Leyburne petitioned the King for an inquiry into "certain charges of disloyalty brought by Starcky, an English priest, against Dr. Holden and himself," and in March 1653 Starkey was recommended by the King and Lord Hatton for the Abbacy of St. Leon's at Toul (Cal. Clarendon S.P., ii, 19, 291, 454). Charles Hatton mentions him in his correspondence" Jan. 15. 79/80 ..... next Saturday all the priests in the gaols about London will be brought to trial, amongst them poor Starkey . ... " (B.M. Add., 29572, f. 195). Warner refers to his missing leg in his Revision of Dr. Morley's Judgement, p. 44. It is also most likely that the pamphlet A Letter to Mr. S., a Romish Priest, 1672 (Wing L. 1718), is addressed to Starkey, for it says of him" They that know the History of your services in the last wars, and since, must acknowledge that you have deserved well of our Prince, in that .... you asserted his cause in the field With the loss of a limb" (though . the later edition of the Harleian Miscellany reprints the pamphlet as A Letter to Mr. Sergeant). ~ Alias Marshall or¡. Wall. He was brother of the martyr Fr. John Wall, O.S.F. (Birt, p. 68; C.RS., xl, 35; Jefireason, iv, 119, 120). Marsh and Corker had previously been tried for complicity in the plot. Fr. James Maurus Corker acted as confessor, whilst in gaol, to Bl. Oliver Plunket and many others. He was released from prison in the reign of James II, and estabLished himself first in the Savoy and later at Clerkenwell. His most celebrated convert during that reign was John Dryden. At the revolution the chapel at ClerkenweU was destroyed, and Fr. Corker escaped to the Continent. He was elected Abbot of Lamhspring in 1690, but resigned in 1695 and returned to England, where he died 1715. Weldon (MS. Collections at Downside, ii, f. 311) states that Corker was the author inter alia of a book which he calls "The Salamanca Doctor against Oates." This I take to be Oates's Manifesto; or the Complaint of Titus Oates against the Doctor of Salamanca; and the same Doctor against Titus Oates . ... , London. Printed MDCLXXXlII (\Ving O. 66). The work quotes from Staffords' Memoires (also by Corker), and is written in a lively pamphleteering style, reminiscent of L'Estrange.


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325

Anderson,* Ordinis S. Dominici ; sacerdotii accusatos; item in Alexandrum Lumsdenum, et Davidem J osephum Kemnitium. Verum isti duo remissi in carcerem, iste ob adversam valetudinem, ille quod natus in Scotia. ยง Testes in eos dati Dangerfeldus, Oates, Bedlous, &c, quorum testimonia licet in multis a vero abessent, tamen a xii viris renunciati sunt omnes Rei. Et secuta

=

*

Alias Munson or Blount. He revealed at the trial that he had previously written in favour of the Oaths, and, together with Peter Walsh (the Irish Remonstrant), had received a government' protection' for this in 1671. Peter Walsh's draft copy of this exists (Bodley MS., Tanner, ccxc, f. 213), and is reproduced in the Appendix. As a result of this trial Anderson was banished from the country. Fr. Raymund Palmer, O.P., in his Obituaries, suggests that Anderson then proceeded on a pilgrimage to the Holy Land. In fact he got no further than the Hague, where he became a hanger-on at the French Ambassador's, M. d'Avaux. His principal object was to secure a pardon and permission to return to England. To this end he associated himself with Lewis, the notorious informer. They sent a letter, via a certain Pierson, to the King, asking for a pardon and permission to return to England, as they had a discovery to make concerning the Plot. Although the King would give no pardon, they crossed over to England. Secretary Jenkins seems to have been kept well informed of their movements by William Carre, Consul at Amsterdam. Anderson, suspecting a trepan, did not present himself to the King, but decamped precipitately. He received a pardon in the reign of J ames II, and died 21 October 1710 (F. A. Middle bush, Despatches of Thomas Plott and Thomas Chudleigh at the Hague, 17/27 Feb. 1681/2; North, Examen, p. 312; C.S.P.D., Jan./June, 1683, pp. 15, 39, 92, 185, 189, 334; C.RS., xxv, 104-5, 145; P.RO., S.P. 84/216, f. 176 sq., 241; P.RO., G.D. 24/6 (A)). I think that it was Anderson's admissions at this trial which made Warner so reticent in his mentioning of it. Warner, in fact, knew a lot more about Anderson than he included in his History-vide his letter-book 23 April 1683: "Philippus Gagius in Anglia haeret spretius. Majus ab alio delatore periculum. Is est Munson, alias Anderson, e dominicana familia. Qui in Angliam reversus suam operam obtulit ad detegendam conspirationem; quam in substantia veram esse dixit; sed in circumstantiis falsam. Secretarii Regis ei dixerunt, ipsum in carcerem mittendum, eo quod in Angliam sine jussa Regis esset reversus: unde saevissima pridem lata esset executioni mandanda. Respondit ille, se viam nosset carcerem aperiendi, statim declarando se Protestantem. Ipso urgente, re ad Regem relata, dies illi data, qua audiretur. Sed vadimonium deseruit, et in Hollandiam aufugit; relicta ad Catholicos deferenda epistola, qua monerentur, ei providerent de annua pensione; fore alioquin utipsos paeniteret omnes " (U.L.C., MS. Ll., 1, 19). , Lumsden was a Scots Dominican, probably affiliated to the Flemish Province. He served on the mission in London for about 35 years. He died c. 1700, aged 78 (C.RS., xxv, 128, 175).

=

Or Kemeys or Keymish, O.P. He had formerly been confessor to the Countess Dowager of Arundel. He died in gaol, 27 January 1679/80 (C.RS., xxv, 126; xxxiv, 284). It must have been obvious to the court that he was a dying man, yet it was only with reluctance that he was allowed to stand down. (Cf. Hatton Papers in Appendix.) ยง And so was not within the provisions of the Statute 27 Eliz., Cap. 2. Lumsden, like several of the other priests at this trial, raised an important line of defence by claiming that evidence of having officiated as a priest was not in itself proof of priesthood. This was, of course, overruled by the Bench. But, in the eighteenth century, Lord Mansfield used this very point in favour of Catholics indicted for priesthood, by ruling that proof of ordination was necessary (which proof would be inaccessible to common informers).


326

ENGLISH PER ECUTIO

J

OF

ATHOLIC

mortis sent entia, cujus suspensa executio. Eorum aliqui animam Creatori in carcere reddiderunt, alii superstites sunt, et magna industria dum ista scribo salutem animarum promovent. Martii Conci-[f. l07]ones* coram Jacobo Angliae Regi habitae +mortuo Carolo+ isto jubente typis editae fructuose Ieguntur. (455) Eodem circiter tempore, quo Eboracensis Londinum appulit, illic Tribunali sistitur, Majestatis accusatus, Thomas Gasconius" Eques auratus, ex Eboracensi Provincia, unde accersiti xii viri. Vir Ixxxv annos natus, canitie et tota senilis corporis specie venerabilis, inculpatae vitae, spectatae Innocentiae. Testes in eum producti Bolronus et Mowbrayus, uterque olim ejus famulus domesticus, uterque pulsus, iste furti suspectus et quod Ancillis liberius illudere conatus esset; ille, quod acceptam Gasconii pecuniam in alios usus converterat: in uno articulo constabat accepisse MCC scuta, in rationes retulisse tantum CCXL. Bolronus, ubi vidit peti rationes, repeti pecunias) nec esset reddendo, statuit peculatus actionem ab Hero suo intentatam amoliri, illi aliam Majestatis intentando; et Mowbrayum praemiorum spe inescat, ostentato Oate) Bedloo, Dugdallo, aliis, qui alios accusando repente Divites evaserant; earn ad opes viam esse compendiosissimam. Miserti sunt omnes boni senis vices in discrimen capitis a bipedum nequissimis adducti; suam quoque conditionem dolebant, quos eadem manebant pericula, si talia fures audere pergerent, et impune ferrent. (456) Ductus ad tribunal bonus senex totam coronam solo aspectu commovit. Is qui absentis Scroggii vias supplebat ~ dixit se nunquam virum vidisse aeque venerabilem. J ussus attollere manum, dicereque, reus an non reus esset, Crucis se signo muniens clara voce dixit: In nomine Patris et Filii et Spiritus Sancti. Amen. Non Reus." Auditi Testes. Bolronus juravit saepe in ejus cubiculo actum de tollendo Rege, Religioneque vi et armis mutanda. Gasconium sibi quater mille scuta obtulisse, modo vellet Carolum e medio tollere; xxiv millia scutorum Londinum miss a eundem in finem. Mowbrayus ait se chartam vidisse cujus haec inscriptio: Nomina eorum, qui Regem occidere statuerunt; quingentos homines propria manu nomina sua ei inseruisse, Gasconium nominatim ejusque cons anguineos. Auditi deinde, qui Reo favebant. Duodecim Protestantes testati sunt, Testes dixisse, casu quo Gasconius res sibi IC

*

A Sermon Preach'd ... . October 24th 1686 .... [Printed] 1687 (Wing M. 739). , J.e. Gascoigne. ~ Cj. B.M. MS. Add . 29572, f. 206: "Yesterday Sir Thomas Gascoigne was tryed and acquitted but it was by ye sole favour of bis Jury, the foreman of which was Sir Thomas Hudson. My Lord Chief Justice was obliged to go to the Guildhall before the trial was half done . . . ." Which of the remaining judges (Jones, Pemberton and Dolben) was the presiding one is doubtful. Warner, inj. ยง 457, says Jones. But the fact that Pemberton received his quietus on the day after the trial would seem to indicate that he was held primarily responsible for the acquittal.


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oblatas jure repeteret, de Gasconio et tota ejus familia vindictam sumpturos. Nec hos eum accusasse, donec ab eo fuissent in jus vocati. Adfuerunt Trapezitae, per quos ea praemia Londinum transmissa fuerant, qui ex libris Rationum suarum et contractibus eorum Notario factis ostenderunt eum dotem fuisse duarum ipsius N eptium, quarum una Religionem Benedictinam Cameraci profess a erat, altera nupserat. Quae de Catalogo ejusque inscriptione dicta fuerant, non refutatione, sed risu digna visa sunt, si in re tam tragica ridere liberet. Petitum a delatoribus, cur tot annos tanti facinoris designati distulissent indicium? Cur datam aliunde conspirationis noticiam, non statim adcurrissent illam confirmatum? Quare non statim, saltern ubi e domesticorum ejus alba expuncti fuerant? Cur expect assent, donec ipsi fuissent ab eo in Jus vocati? (457) Judicum primus, nomine Jones, xii viris exposuit, quae hinc inde dicta essent; qui, deliberatione praemissa, Gasconiurn non Reum pronunciarunt. Unde Iibertatem adeptus, non diuturnam futuram, si in Anglia mansisset, cum aliam sacerdotii dicam pararent iidem falsi Testes. Itaque Lambspringam se recepit, quae Abbatia est Benedictini Instituti in Diaecesi Hildesionti (cujus olim Abbas fuerat Gasconii frater *), in de que in Belgium.~ Isto fugato, Dracones illi duo bellum iis indixerunt, qui erant ex ejus semine; cujus exitum infra dabimus. (458) EDICTA CONTRA FESTIVOS IGNES ET FALSA NOVA. Quatuor a Carolo vulgata edicta, brevissimo tempore: primum V Martii contra vias public as Iatrociniis infestas habentes, alterum ix ejusdem mensis contra duello Decertantes; quae non ita spectant Institutum nostrum. Tertium vii Aprilis vetat ignes festivos construi, absque consensu Consilii Sacratioris aut Magistratuum Londiniensium, quod iis abuteretur factiosi ad tumultus [f. 108J et periculosas seditiones concitandas. Hinc xxix Maii, Caroli natalis dies, aliis laetitiae signis, sed sine ignibus celebrata. II: Anniversaria vero die recurrente comburendo in Effigie Pontifici designata, quum igne consumere non liceret, in profluentum dejicere statuerunt; sed dum ornabatur statua, operariis negllgentibus, forte et ebriis, ignis domum in qua parabatur corripuit, eamque cum CCL aliis in cineres redegit, igne ultrice priorum piaculares noxas expiante, de civitate paenas sumente, quae ignibus aliis peccarat. Quartum denique xii Maii, ยง consultis prius Judicibus an Jura permitterent, prohibuit Gazettas, uti vocant, aut chartas nova occurrentia referentes, sine Caroll permissu edi aut dispergi, quod multa falsa spargerentur, ad commovendam plebem et turbandam Regni pacem apta.

*

Dom John Placid Gascoigne, Abbot of Lambspring from 1651 till his death in 1681 (Birt, p. 55). ~ Sir Thomas Gascoigne also died at Lambspring, in 1686, aged 93 (Weldon, c;hronological Note.c;, p. 228). ~ Steele 3711. ยง Steele 3715.


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(459) POWISIA LIBERATUR, ET ALII. xi vero ejusdem, convocatis Juratis Majoribus Comitatus Middlesexiensis oblatae Dicae in varios Proceres Catholicos captivos scriptae. In Powisiam, nobilissimam Heroinam, primo (de qua lib. superiori), quae ex eo tempore arctissima custodia detenta fuit. Lecta in hanc scripta dica, auditis Testibus, J urati ei a Tergo scripserunt: Ignoramus. Vindiciis ita secundum Innocentiam datis, ista Libertati restituta fuit. Idem even it Roberto Paytono Equiti aurato. Vadibus datis semiplenae Libertati restituti Henricus Tichburnus, Baronettus, J oannes Carillus, et Gulielmus Roperus . .,. Item Richardus Tasburgus, sed dicta causa, in qua multa illi objecta a Testibus Regiis, sed adeo a vero et veri similitudine aliena, ut illa xii viris probare non potuerint.:I: Evilescebat enimvero jam illorum authoritas, haud ita pridem adeo sacra, ut tutius esset Evangelia negare, quam de eorum dictis dubitare. Petiit Staffordius ab initio Conspirationis captivus carcere eximi, quem tertio jam anna incoleret, licet criminum exors. Cui responderunt Judices id penes se non esse, causa ad Superius Tribunal, Procerum Parlamenti, delata. Ante finem hujus anni videbimus eum veram filiorum Dei libertatem obtinuisse, alia quam putarat modo. (460) ACTIO IN CASTELMANIUM. Ab iisdem probata Dica in Rogerium Palmerum Comitem de Castlemaine. Hinc iste Judicii aleam subire debuit, ad quod accitus est xv Junii. Fuerat iste eorumdem criminum quorum alii Catholici accusatus ab Oate, et apud Consilium Regium et apud Parlamentum, et ob earn causam in Turrim Londiniensem ante sesquiannum circiter conjectus. Inde postea, datis vadibus, dimissus, quod unus tantum eum accusaret, Oates; cui cum alter accessisset Dangerfeldus, in Turrim reductus est. Cumque peteret identidem causam suam audiri, ut aut plecteretur si nocens, sin vero in integrum restitueretur, id tandem obtinuit. Lite rite contestata, cum recenserentur duodecim virum nomina, inter eos unus captivi cognatus apparuit, de quo ipse, causae suae Bonitate et Innocentia sola nixus, Judices admonuit; quo submoto alter substitutus est. ยง Testes in eum dati Oates et Dangerfeldus. Ille multas se vidisse juravit in Hispania captivi Epistolas, in quibus de designata Caroli nece et Papismi restitutione scribebat;

*

*

Lady Powis, Sir Robert Peyton and Mr. Bedingfield were discharged 24 May (Luttrell, Brief Relation, i, 45). ~ Sir Henry Tichbome, Mr. Roper and Mr. Caryll were brought from the Tower on 22 May, on writs of habeas corpus, and as there was only one witness against them they were discharged (Luttrell, ibid.). :I: Richard Tasborough of Flixton Hall, Suffolk. He was tried for treason at the King's Bench on 19th May, but the jury acquiited him without eaving the box (Luttrell, ibid.). ยง "When Roger Jenyns of Hayes Esq. was call'd, I acquainted the Judges, that that Gentleman was my near Relation, and that I left it to their Lordships to determine whether he should stand or no (The Earl of CasU,main's Manifesto . ... , 1681, p. 38). II


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cumque Rectores Leodiensis et Gandensis monerent clerum saecularem in conspirantium partes trahendum, captivum negasse operae precium esse, cum constaret viris dissolutis, nulla in re firmis, ineptis quibus aliquid credatur; Authorem vero fuisse, ut Benedictini omnium fierent participes; eum, ubi de designato Parricidio certior esset factus, cum gaudio dixisse: Jam meas ulcÂŁscar injurias (Carolus ejus uxore abusus fuerat). Interrogatus Oates a captiva de Divortio, quod et Carolo et Parlamento dixerat Roma datum, noluit respondere; et Judices ad rem praesentem non facere dixerunt. Alia ejus Perjuria ex aliis Actionibus adduxit; se voluisse eum in Jus vocare, sed e Juris Peri tis neminem ausum fuisse Actionem instruere. Quae Judices pridem audita dixerunt, frustra jam dici. De Dangerfeldo dubitatum, an ad testimonium ferendum admittendus esset, ob notissimam infamiam (de quo plura, ubi referemus Actionem in Celleriam), variis Juris Peritis censentibus gratiam Criminum ei factam a Carolo paenam iis debitam remittere, non restituere Probitatis opi-[/. 109J nionem, absque qua nemo Testis esse pot est ; aliis contra dicentibus ea Gratia hominem plenissime in integrum restitui. Cum que sine fine sine fructu altercarentur, Judices admittendum censuerunt, sed penes xii viros fore, quantum illius Dictis fidei adhibendum esset, videre. (461) Jussus itaque dicere, Reum accusavit: i. Monuisse Juvenes Audomarenses, quid adversus +Oatem+ dicerent. Respondit alter eos nihil dixisse quam quod oculis usurpassent, adeoque non indiguisse monitore. ii. Catalogos confici curasse Presbiterianorum, quibus Conspirationis Rei peragerentur. Respondit eos Catalogos sibi ignotos videri a Presbiterianis ipsis confictos ad confiandam Catholicis Invidiam. iii. Cum Proceres captivi se ad Regem e medio tollendum exhortati fuissent, nec ipse id promittere vellet, captivum adeo iratum fuisse, ut fuga se ex aedibus ejus proripere coactus fuerit. Respondit Dangerfeldum adiisse Proceres, quasi ipse misisset, petitum num quinque J esuitarum Orationes typis vulgandas censerent; illos propositionem cum indignatione rejecisse, quod jam essent a Protestantibus editae, nec a Catholicis sine offensa edi possent; se vero offensum, quod ausus fuisset Dangerfeldus, ipsius injussu, nomine suo ullum ad ire ; adeoque vetuisse, additis minis, illum domum suam ultra venire. iv. Carolum identidem vocasse Tyrannum. Respondit id falsissimum esse. Plura de tota causa dicere parantern interpellavit primo supremus Judex, dicendo sibi discedendum esse, cum a Carolo accerseretur, deinde etiam tota corona, testata id non fore necessarium (et totum fere diem consumpserat Actio). Tum qui praesidebat, ad xii viros conversus, paucis retulit quae in utramque partem dicta essent; intulit si Dangerfeido fidem habendam censerent, esse duos Testes; sin vero unum tantum, adeoque vindicias secundum Innocentiam dandas. Et

*

'" I.e. L. C.

J.

Scroggs.


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statim e Curia discessit. xii viri hora integra deliberando consumpta, captivum non Reum dixerunt; quod totius Coronae plausu acceptum. Sic quidem ille- libertatem adeptus est. Sed cum comperisset Regios Testes aliam ei parare de more Dicam, Sacerdotii,* in Belgium se recepit. Deinde a Jacobo II Romam missus Innocentio PP. XI. ejusdem nomine primus a Reformatione obedientiam detulit. (462) ACTIO IN CELLERIAM., Circa idem tempus Actio in Celleriam instituta est, xi Junii. Dati in earn testes Gadburius, Astronomus, et Dangerfeldus. Ille Celleriam Majestatis accusarat Consilio Regio (sed sine Juramento) quod eum de Caroli morte consuluisset, et dixisset monachis brevi repletum iri Claustrum Westmonasteriense. Nunc juratus aS8eruit Celleriae verba a se maligna interpretatione relata, ad fidem ei detrahendam, a qua audierat se fuisse Majestatis accusatum. Illam nunquam schema genethliacon erigi petiisse; semel tantum, de Caroli periculose laborantis vita et statu Regni futuro, cum Eboracensis abesset, anxiam, petiisse quid de Caroli morbo sentiret. Aliud eum neque assertive dixisse neque serio; sed dum una transirent claustrum illud, interrogasse, "Quid si hic iterum videamus monachos? Idque sine ulteriori consideratione et ab ea dictum et a se auditum. (463) Huic successit Dangerfeldus; quem a Testimonio ferundo arcendum contendit illa ob notissimam vitae infamiam, publicis sententiis saepissime confirmatam. 1110 Caroli gratiam sibi factam criminum allegante, dixit ista non factam ea gratia Probitatis opinionem, Testi imprimis necessariam. Cumque dissiderent ea de re J urisperiti, Celleria altercationi finem imposuit dicendo se Dangerfeldo illa tan tum crimina probata publicis Judicis exprobare, quorum gratiam ei Carolus non fecerat; eorum exhibuit authentica testimonia tredecim numero, variis e locis, de diversis omnia criminibus; plura se non quaesivisse, ut parceret sumptibus. Allata a Dangerfeldo Caroli Gratia, facinora magno numero recensens eaque condonans, illis omissis quae Celleria objectabat. Hinc iratus Scroggius, ut vehemens erat in quamcumque se dabat partem, acriter in Dangerfeldum invectus est. [J. 110J Deinde dixit Judicibus ipsis probrosum esse, quod viri tam improbi, tam infames, eorum conspectum ferrent; esse pessimi exempli, in ruinam publicam exituri, si tales ad ferendum Testimonium admittantur; tum xii viris, acti nihil se videre eorum deliberatione dignum; duos quidem comparuisse Testes, quorum alter captivae nihil objectaret, alter nulla esset fide dignus. Et xii viri statim non Ream declararunt. Cum ex praeterita Dangerfeldi vita Scroggius de futura nihil boni auguraretur, . ab eo petiit num quos haberet in promptu vades bonae JJ

* Oates had suggested this during the trial.

, For a clear analysis of the obscurities of the Meal Tub Plot see The Attempted Whig Revolution of 1678-81, by F. S. Ronalds (Illinois Studies in the Social Sciences, vol. xxi, nos. 1 and 2), chap. V, "Thomas Dangerfield and the Popish Midwife."


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suae in posterum conversationis. Isto negante se ullos habere, jussit in carcerem rapi. Ex quo factiosorum in id omnes nervos contendentium potentia statim eductus est, et nihil omissum, quo authoritatem illi conciliari posset. Tandem patuit cur tanto molimine stigmaticum nebulonem sublevare conarentur: cum enim jam statuissent Eboracensem in jus vocare, hujus testimonio eum . premi volebant, quam cum eo locutum esse Celleriae opera, fama non semper falsa ferebat, unde ad fucum faciendum color aliquis accersi posset. (464) Celleria Lemniscatas ex isto mustaceo palmas collegerat, sola singularibus fortitudinis et ingenii viribus in multos pugnans, omnium victrix. Quas dum augere cupit, certaminum suorum hyst~ria vulgata, paene omnes confregit. In ea quippe dum ingenio suo indulget, dum vitia quaeque propriis nominibus taxat, dum nemini parcit obviam facto, dum Magnatum et in Potestate constitutorum perperam dicta vel facta pari censura configit, ansam dedit earn quaerentibus illam de libello famoso accusandi. Offensam auxit, quod deprehensus sub prelo libellus, media jam ex parte impressus, vetitus fuit +a Consilio Regio, + imperatumque et ipsi et Typographo, ne ulterius progrederentur. Ast illa, Laudis in de proventurae quam obedientiae Regio mandato debitae cupidior, absolvi curavit (forte credidit Caroli interesse factiosorum Acta vulgare), et cum nullus Bibliopola vaenum exponere auderet, ipsa domi suae aliquot exemplaria distraxit, magna et Regiorum et aliorum offensa, cui impar succubuit. ~ In Jus enim vocata, :t cum constaret et opusculum vetitum fuisse, et tamen ab ipsa fuisse dispersum, in eas incidit calamitates, nemine opem ferente, unde vixdum emersit; damnata ad numellas, quater mille scutis mulctata, et liber ipsa vidente a carnifice laceratus et in ignem conjectus. Populi ludibrio exposita, collo manibusque ligno insertis, furorem sen sit plebis; unde citius quam ferebat Sententia inde deposita, ne penitus lapidibus obrueretur; scilicet quae in Judicum erat potestate, in eorum etiam fide et tutela censebatur esse adversus omnem noxam, quae extra Jus inferri posset. Caeterum invalidi satellites ad commotam plebem compescendam, earn illi subduxerunt. (465) Digna mea judicio meliori fortuna faemina, sive ingenium spectemus, sive inculpatos mores, sive animi magnitudinem quibusvis periculis excelsiorem, sive Zelum asserendi quoquo modo Regiam Authoritatem, quo solo illa pericula adiit,

*

*

Malice Defeated: or a Brief Relation of the Accusation and Deliverance of Elizabeth Celtier . ... London. Printed for Elizabeth Cellier, and are to be sold at her House in Arundel Street, near St. Clements Church, 1680 (Wing C. 1661). ~ The book was still at the printer's (Downing, of St. Bartholomew's Close), and had only got as far as sheet F when it was stopped by the pressmessenger on 16 August 1680 (C.S.P.D., 1678-9, p. 607). Mrs. Cellier had the remaining sheets printed elsewhere, for there is a marked distinction between the sheets up to and including F and those following. 11 September 1680.

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eos crabrones irritavit, sive denique in fide , quam adulta amplexa est, constantiam. In qua nihil desideres praeter Judicii acrimoniam et animi moderationem, qui venialis in sequiori sexu defectus est. De ipso libro nihil dicere opus est; qui Gallice editus, multorum oculos detinuit, sine fastidio secundo tertioque lectus, non sine laude. Certe plurimum contulit ad Factiosorum detegendas artes, et amoliendas quae supererant de Catholicorum in CaroIum fide suspiciones, quas fovere satagebant ubique per Septentrionem sparsi haeretici, quo Catholici in Anglia merito pati viderentur, et immanissimae Persecutionis leniretur Invidia. (466) EBORACENSIS PAPISMI ACCUSATUS. Audax facinus aggressi quidam pro Juratis Majoribus Middlesexiae se gerentes, Westmonasterii convenientes, Papismi Dicam Eboracensi scribere orsi (credebatur Catholic a sacra frequentare, sed id necdum juridice sciebatur). Qua de re admoniti, Judices conventum illum illico solverunt, et convocatis aliis ejusdem Provinciae Eirenarchis, priorum Acta Irrita declarari curarunt. Shaftesburius priores exciverat libello illis misso, sua suorumque confaederatorum manu subscripto, capita accusationum continente; de qua deinde [f. 111] accusatione nihil auditum extra comitia. (467) ANTONI! HUNTERI CERTAMEN. Qui Leones ipsos retibus suis involvere conati sunt, nihil mirum, si minutis animalculis non pepercerint. Dica hujus circa anni initia scripta Antonio Huntero, S.J., Is multis annis Procuratorem egerat Provinciae Londini, cum autem orta esset Persecutio, in diversissima Regione versabatur, procul et a negotiis et a periculo; in quod se conjicit ultro, ubi audivit alios omnes J esuitas captos arctissime custodiri, studio eis, quocunque modo daretur, subveniendi. Ubi paulo post captus, in carcerem datus, non quidem aut sacerdotii aut ullius criminis compertus, sed ex suspicione tantum, +cum nequidem quis esset sciretur; + un de nec fuit arcte custoditus, ut alii J esuitae, nec specu subterraneo nec cubiculo clausus, sed velut in liberiori custodia totum carcerem obire dabatur. Inter vinctos pari modo servabatur Venerabilis Pater N. Heskettus, Ordinis S. Benedicti, +ignotus et ipse; + cujus mentio in Epistola Petri Carilli, quam Anno Superiori dedimus. Unde facta Praefecto carceris fides Hunterum esse Heskettum, et in utrumque simul instituta Actio, quam non meis sed ipsius Hunteri verbis referam. ~ Is itaque libeIlo supplici Carolo oblate haec habet: (468) xviii Maii A.D. MDCLXXIX captus fui, et ancilla

*

H

* At the end of June 1680, Shaftesbury, three other Lords, and ten commoners, attempted to lay an information before the Middlesex Grand

Jury that the Duke of York was a Papist. The Judges got wind of the plan, and before it could be put into effect dismissed the jury for the term (H.M.C., 7 Rep., p. 479; C.S.P.D., 1679-80, pp. 525, 528). , 28 February 1680 (Foley. v, 686). ~ For a full account of this see Dom. Hugh Bowler's The Hunte.-Hesketh Prosecutions (Downside Review, July 1933); Jeffreason, iv, 133, and C.R.S., xxxiv, 369n.


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quaedam Maria Dova nomine, quam nunquam antea videram, juravit me esse Mauritium Giffordum, sacerdotem, aut etiam Jesuitam; unde in carcerem, Newgate, conjectus; sed hoc perjurium eodem die de tectum est, quia probatum est et Praefecto et Ministello carceris me non esse Mauritium Giffordum. Actione tamen instituta, prodiit illa Dova, juravitque me Sacrum fecisse domi Dominae Suae in Duke Streete. (469) "Adfuit ipsius Domina, quae testata est nunquam factum fuisse domi suae Sacrum toto tempore, quo Dovam habuit in familia sua; item se nunquam vidisse me, nisi in carcere, idque uno alterove die ante institutam Actionem illam. Alter in me datus testis, Oates (quem nunquam videram ante captivitatem meam) , juravit se a biennio me cognovisse, et audivisse Sacrum meum in domo cujusdam Pharmacopaei in Long Acre (licet nullius Pharmacopaei domum in ilIa platea unquam intraverim); et cum ab eo peterem, aut Pharmacopaeum nominaret , aut saltem diceret in qua parte illius Plateae, quae bene longa est, viveret, neutri quaestioni respondere potuit. His tamen testimoniis a xii viris renunciatus sum Reus; ad quod inducti fuisse videntur, quod Dicae in me scriptae Hesketti nomen insertum esset. Intercepta enim fuerat quaedam Epistola,* refer ens Heskettum esse captum. Qua lecta, Praefectus alta voce, multis praesentibus, dixit: Jam seio, quis sit iste Bakerus (ita vocabatur in carcere Hunterus); ipse est Heskettus. Qua praesumptione, cum supponerent omnes Heskettum esse sacerdotem, xii viri sine hesitatione me Reum dixerunt, ~ dum verus D. Heskettus, sacerdotii ibidem arcessitus, Tribunali mecum adstabat, et Liber dimissus est." (470) Haec ille libello Regi oblato, cujus exemplar penes me habeo, ipsiusmet manu descriptum et signatum, quem Carolo deferundum curavit, dilato supplicio, cum quinquies aut sexies Apoplexia tactus, exigua vitae spe, absque ullo sensu jacuisset. Caeterum eo libello supplici non obtinuit quam petebat Libertatem, ad curandam affiictissimam valetudinem necessariam. U nde paulo post sacris Ecclesiae ritibus munitus an imam in carcere Deo reddidit.

=

* The Caryll letter, quoted supra (f. 66).

, 1 March 1680 (Foley, v, 687). 3 February 1684 (Foley, v, 690) . The fact that Hunter himself su bmitted a petition to the King seems to require a revision of the account in the Annual Letters and Brevis Relatio (as quoted in Foley, v, 689). where it is stated that the petition for reprieve was made "without the knowledge of Father Hunter, who hoped that the Divine Providence, upon which he entirely cast himself, had prepared for him under a mistaken identity the crown of martyrdom. Sorely was he afflicted when he learnt that the sentence of der.th had been cancelled,"

=


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*

(471) RICHARDI BARTONI ET JOILJ\NNIS RIVERII CERTAMEN. Damnati sacerdotii etiam Lancastriae Richardus Bartonus e Clero Seculari, et J oannes Riverius (vero nomine Penkettus) e Societate J esu, verum an hoc anna an superiori, haud facile dixerim; posterius credo, sed res non magni momenti est. Comprehensus iste ab Eirenarcha Rislaeo, bipedum ingratissimo, a Riverio plurimis beneficiis affecto; qui summa diligentia Testes in eum dicturos conquisivit, et pluribus licet Fuga dilapsis, ne testimonium ferre inviti cogerentur, quatuor deprehendit et ut ingrato officio fungerentur, sua auctoritate coegit. Uterque dilato in praesens supplicio, meliora temp~ra vidit, in carcere ut Angelus vixit, ab omnibus etiam Heterodoxis, ob morum innocentiam et singularem Pietatem, omnibus Humanitatis officiis cultus, [f. 112J etiam veneratione minime vulgari; permissus uterque carcere exire, difficillimis illis temporibus, magno Catholicorum, consueta alias sacerdotum ope carentium, bono, singulari solatio. Tandem ubi sex annos solidos in captivitate vixissent, Jacobi authoritate dimissi, Apostolicis Laboribus restituti sunt. Bartonus AngloDuaceni Collegij alumnus ~; Riverius humaniores litteras Audomari, Phylosophicas et Theologicas Romae didicerat, :I: in Societatem admissus Wattenis, an. D. MDCLXIII, ' professus quatuor votorum xv Aug. MDCLXXIII. (472) JOANNIS § THWINGI MARTYRIUM, ALIORUM CERTAMEN. Bolronus et Mowbrayus, indignati Gasconium e manibus elapsum esse, Eboracum reversi, Milonum Stapeltonum Baronettum, N. Tempestam, N. Tempesti Baronetti conjugem, + Gasconii filiam, + J oannem Thwingum, sacerdotem, ejusdem ex sorore nepotem, et Mariam Plessickiam,~ ~ in jus vocarunt. Eadem omnibus objecta crimina, in Caroli vitam Religionisque mutationem conspirasse; iidem in omnes testes dati; eodem modo Testimonia omnia a vero aberrare, vindictae de Gasconio (a quo fuerant ipsi Testes in jus vocati, de furtis accusati) sumendae desiderio natam istorum accusationem, clarissime comprobatum;

**

*

Gillow, in his notes on Fr. John Birkett, confessor at Lancaster Castle, (C.RS., Miscellanea, iv, 431), suggests that Birkett may perhaps be identified with Penketh (cf. also Foley, v, 329 sq., and 338). Fr. Richard Barton was imprisoned in Lancaster Castle till 1684, during which time he received £10 p.a. from the Clergy fund. He died in 1700. (Kirk, Biographies, p. 259, and Foley, v, 345.) ~ In 1653 he was Master of Grammar and Rudiments at Douay (C.RS., Fifth Douay Diary, p. 528). :I: Entered English College, Rome, 1652; ordained priest 1656; left for England c. 1658; entered the Society of Jesus 1663, after being confessor to the English Nuns at Brussels (C.RS., xl, 49). § He appears in the trial (29 July 1680) as Thomas Thwing. His speech is given in Challoner, ed. Pollen, pp. 567-8. For an excellent account of Sir Miles Stapleton in relation to the social life of the times see two articles on .. The Household Books of Sir Miles Stapleton, Bart.," by J. Charles Cox, in The Ancestor, vols. ii and iii. If ~ Or • Pressicks. '

**


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et videbatur praejudicata causa Londini, ubi vindiciis secundum Gasconii Innocentiam datis, declarata videbatur Testium iniquitas. In pari, in eadem causa, quis non auguratus fuisset similem exitum? Longe tamen dissimilis fuit; nam a xii viris solus Thwing renunciatus est Reus, et feralis Sententia in eum lata, suspensa, donec Carolus ea de re consuleretur, ejus executione; quam iste jussit adulto Octobri sequenti, cum instaret Parlamentum, ut inde animum Catholicis aversum probaret. Haque xxiii Octobris productus ad patibulum, ubi dixisset se scripto complexurn esse, quae dicenda habebat, eo quod nesciret an danda sibi foret loquendi c.opia, quae sequuntur legit: [see translation]. (478) Alia dixisse fertur, caeterum ad manus non pervenerunt. Nimirum finito scripto, pluribus viva voce, magna alacritate suam Innocentiam ab omni Conspiratione, fidem in Regem, charitatem in proximum, amorem et Pietatem in Deum contestatum esse; quae confirmarunt ferventes preces magna fiducia prolatas, et alta voce; quae ex scribentium negligentia perierunt. Dum e scala dejiceretur, [J. 113] ait: " 0 Du1cissime J esu, suscipe spiritum meum." (479) Litteras Humaniores didicerat Audomari, altiora studia Duaci, utrobique morum Innocentia et minime vulgari humilitate cunctis gratus. (480) BEDLOUS MORITUR. Circa ista tempora partim datis vadibus partim absolute libertati restituti, Johannes Gagius, Jacobus Simons, duo Roperi, Robertus Petri, aliique, Conspirationis arcessiti pridem. Augusti mense ad magis timendum Tribunal evocatus Bedlous. Is Londino Bristoliam excurrerat citatis equis, uxorem laborantem invisum. Quo ubi pervenit, levi, ut initio cunctis videbatur, febricula tentatur; licet nullum inesse crederent +periculum+ et alii et ipse, illud tamen simulans, accersivit Fransciscum North Communium Placitorum, hoc est Causarum Civilium, Supremum J udicem, ibi loci tum agentem, et coram illo Deum contestatus est vera fuisse quaecunque in Catholic os dixerat: illud unum se dolere, quod non omnia dixisset, Eboracensi parcendo, qui cor esset et caput Conspirationis. ~ Rogavit hujus rei sibi instrumentum authenticum +fieri,+ ad futuram se mortuo Rei memoriam. Rogavit augeri sibi pecuniam e Regio Aerario pendendam.:t Paulo post cum aucto praeter expectationem morbo, mortem imminere inevitabilem videret, de pecunia nihil amplius solicitus, quod N orthus illum secundo adire nollet, aliis declaravit falsa esse quaecumque dixerat in Catholicos;

*

*

A. reads" Odoardo Petri." Luttrell (Brief Relation, i, 50) refers to the release of Sir John Gage, Mr. Roper, Mr. Howard and Mr. Heveningham. ~ The account of Bedlow's statement was published as The Examination of Captain William Bedlow .... 1680 (Wing G. 2215). :t Roger North was of the opinion that Bedlow did not, in fact, expect to die, and that this request for money was a substantial indication of his true state of mind (North, Examen, p. 252 sq., and L ives of the Norths, ed . Jessop, iii, 157). B


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se ob perjuria damnatum iri; diris devovit, qui sibi pejerandi fuissent Authores. Caruit ante mortem loquela, lingua intumescente, et extra os prominente. (481) Haec fida manu ad me olim scripta; non tamen desunt, qui nullo edito Paenitentiae signo mortem obiisse dicunt. Northus verba se praesente prolata typis edidit, magno factiosorum plausu excepta, dicentium se morientem quoque Testem habere, quinque Jesuitis parem, imo superiorem, quod Indulgentia Papae ad mentiendum nulla instructus dici posset. Fides tamen facta eum vere retractasse, ut retuli, quia cum in Superiori Concla vi proponerent ali qui de superstitibus conspiratoribus sumendum supplicium, N orthus ait: "Si cuncta scire tis quae ego, diceretis nimis multum jam Innocentem Sanguinem effusum." (482) Londini circa haec temp~ra, dum novi Vice-Comites creandi essent, tantae exortae sunt rixae, ut a seditione parum abesset. Caeterum ea non sunt nostri Instituti. Infra tamen videbimus, Deo dante, quanti momenti esset eorum Electio. (483) IN CATHOLICOS NOVA ACCUSATIO: VOLUISSE CLASSEM COMBURERE. Dum instarent Comitia, nova auditur in Catholicos Accusatio: voluisse classem Regiam injecto igne comburere; Celleriam ea de re egisse cum Gulielmo Ludovici; qui rem ad Inferius Conclave detulit, et typis vulgavit,~ nullo operae precio, cum Parlamentum nullam ejus indicii rationem haberet, et plebs mendaciorum satura novas ejusmodi accusationes fastidiret. (484) PARLAMENTUM CELEBRATUR. Carolus, ubi toties distulisset Parlamenti Sessiones, tandem declaravit eas xxi Octobris habendas; et ne quid eas offenderet, Eboracensem pridie in Scotiam mari dimisit. Proceribus convocatis dixit faedera se cum Hispano Hollandisque icisse, quae sciebat ipsis haud ingrata; Tingin a Mauris obsessam; dum ei suppetias fert, exhaustum aerarium, cui prompte subveniendum, novis vectigalibus. Vetuit tangere jus Haeredis Regni. In reliquis se non fore difficilem. Monuit, pararent omnia ad Catholicorum Captivorum causam quantocius agendam. (485) Pro ceres Conclavis Inferioris, electo Oratore, Senatores omnes lustrare statuunt, putrida a corpore suo membra resectum, ut dicebant, re vera ut omnes Factioni parum faventes amoverentur. Et primum e consessu suo eliminarunt Robertum Can, Equitem auratum, Bristolii deputatum, quod dixisset non ali am esse Conspirationem quam Presbiterianam. Nec satis fuit ilium loco movisse; jusserunt in Turrim Londiniensem duci. :t Dein in alios animadverterunt Senatores, qui lib ellis supplicibus pro Parlamenti convocatione refragati fuissent; quos omnes

*

*

See C.S.P.D., 1680-1, p. 77; H.M.C., Ormonde N.S., v, 501-2. Lewis had been convicted of forgery, and the charge was dropped. ~ I.e. The Information of William Lewis .... London, 1680 (Wing L. 1851). 28 Oct. 1680 (C.]., ix, 642). Cann was a decidedly stormy petrel in local Bristol politics.

=


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eliminarunt. Nec solum in eos egerunt. qui de Parlamento erant; deputati sunt ali qui, qui in alios quoslibet hujus immanis criminis affines inquirerent, quasi qui indubitatis subditorum omnium juribus adversarentur. Rogarunt Carolum, omnes officiis publicis amoveret, quos hi deputati designarent. Nemini bono placebant ista auspicia, omnium minime Carolo. Minus adhuc placuerunt quae secuta sunt. Siquidem xxvi Octobris, purgato jam viris suspectis, et veluti lustrato consessu, de negotiis agi caeptum. Quando [ j. 114] Baro Russellus, Comitis Bedfordiae filius primogenitus, monuit senatores de summa re constare debere, priusquam ad minutiora descenderent; sibi videri Regem, Patriam, Religionem in summo discrimine versari; nisi Parlamentum praesens Papismum opprimat, ab isto Parlamentum ipsum et quicquid omnibus charum est, oppressum iri; quapropter imprimis deliberandum, qua ratione Papismo resisti possit, et Papistas jure ad Regnandum excludi; absque quo reliqua decreta, nihil boni allatura sint. Plerique alii pedibus in ejus sententiam ierunt; cum tamen non deessent qui refragarentur, Decretum ipsum rite formari non potuit ante xi N ovembris. Cujus iste tenor: (486) DECRETUM IN EBORACENSEM. (( Cum certe constet, Jacobum Eboraci Ducem Religionem Papisticam amplexum esse indeque Papistis Animum factum conspirandi in vitam Regis et Religionem Protestanticam; et manifestum sit, casu quo Jacobus Rex sit, ab eo Religionem mutandam esse: Decernitur a Rege, de consilio et consensu trium Regni Statuum, horum etiam auctoritate, dictum Jacobum omni ad Regnum jure excidisse, et incapacem esse, qui succedat in Regnis Angliae et Hiberniae et ditionibus ab illis pendentibus, aut qui Autoritate, Jurisdictione, aut Potestate in illis potiatur. Quod si conetur ull0 modo jus in illas, aut ullam earum partem, sibi vendicare, ut Majestatis Reus plectitor. Simili etiam paena plectuntor omnes ei adhaerentes, ei faventes, eumve juvantes. Quod si post v N ovembris hujus anni in ditiones dictas revertatur, punitor, ut Regni Proditor. Similiterque quotquot ejus reditui consilium, aut auxilium dederint, eodem modo puniuntor. Qui contra hoc decretum quidpiam fecerint, veniae omnis incapaces sunto. Nemo, quantavis auctoritate praeditus, Actiones in ejusmodi delinquentes inchoatas, sistito. Licitum esto cuilibet, in J acobum, aliosve praesentis Decreti violatores, manus injicere, eosque carceri mancipare; quod si resistant, hujus virtute Decreti in eos pugnanto, eosque vi subigunto. Aliis Regni haeredibus, qui successuri forent, casu quo Jacobus Eboracensis mortuus esset, suum jus integrum illibatumque servator, donec iste superstes erit. Decretum praesens in singulis Ecclesiis Cathedralibus, Parochialibus, et Sacellis, quotannis bis legitor, nimirum xxv Decembris, et in Paschate; ejus observantia quoties conveniunt Jurati Majores, commendator."


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(487) Haec illud Decretum. Quod ubi pluribus fuisset Consessus Inferioris suffragiis confirmatum, eorum jussu Primus illius Author, Russellus, detulit ad Conclave Superius, petitum illius concursum, plerisque senatoribus atque ali is + Comitatus, + qui sua praesentia illius ratihabition em urgerent. Cum illi discessissent, lectum est Decretum +in Consessu Superiori+ variantibus sententiis. Tum quaesitum, num secundo legi placeret. (Quodque decretum ter legi debet, ante quam ad definitiva suffragia veniatur.) Et qui censuerunt legendum esse, duobus tantum suffragiis alios vicerunt. Ubi secundo lectum fuit , protract a ad xi vespertinam altercatione, Carolo toto illo tempore praesente, tandem rogatae sententiae; et sententia, quae rejiciendum Decretum nec amplius de eo deliberandum censuit, xxx suffragiis vicit. Observatum magna cum eorum laude, Episcopos Protestantes praesentes xiv numero, nihil obstante Religionis differentia, Eboracensi suffragatos fuisse. (488) Tum Carolus iterum Conclave Inferius monuit periculi Tingis a Mauris obsessae~; cui necessario mittendae suppetiae, si illam salvam velint. Pervicaciter responderunt senatores:I: ab iis ortum periculum illud, a quibus malorum Ilias in Caroli ditiones inundarit; praesidium ipsum ex Papistis fere constare; varios illius Urbis + Praefectos + fuisse Papistas, quibus sub venire intutum; alia pericula et majora et viciniora imminere; adversus quae frustra [J. 115J a se quaesita remedia; vectigalia alias imposita, Papistis mala consilia suggerentibus, ad bellum Protestantibus (Hollandis) inferendum impensa; leges contra Papistas latas, ad vexandas teneras Protestantium conscientias adhibitas; a Papistis profectas, magno Rei Publicae malo, tam frequentes Parlamenti dilationes, Prorogationes, Dissolutiones; officia publica aut iis, aut eorum fautoribus data; introductum in Aulam eorum opera Papist am Secretarium (Colmannum intelligunt); ab eo cum externorum Principum ministris communicata consilia, &c. (Pleraque recensent, quae Oates commentus fuerat.) Tum timere se dicunt, ne vectigalia Carolo concessa, ad Protest antes opprimendos adhiberentur; punitos Authores, et qui vulgarant pios et utiles libros (ita libellos famosos appellant, ob quos aliquos castigatos ex jure diximus); propositum a se ex fide Regi debita, zelo Religionis, cura Posterorum, re matura perpensa, unicum adversus tanta mala remedium (Eboracensis scilicet abdicationem), sed et illud Papist arum opera rejectum; se proinde animas suas liberasse, nec coram Deo aut Hominibus reos fore sanguinis effundendi et Desolationis inevitabiliter secuturae; statutum sibi null am dare pecuniam, donec certi sint ea data, nec auct um iri pericula impendentia, nec firm an dam Papistarum Potentiam; hac de re certos esse non posse nisi cunctis officiis cum civilibus

*

* By 33 v otes. ~

=

Halifax led the Opposition to the Bill. 15 November 1680 (C.]., ix, 654). 27 November 1680 (C.}., ix, 665} .


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S

339

cum militaribus omnes amoveantur Parlamento suspecti, aliis, quos approbent ipsi suffectis; hoc ubi obtinuerint, et Tingi prompte subventuros, et alia daturos, quibus Protest antes ubique subleventur. (489) Haec Conclave Inferius. Quorsum ista spectarent nihil opus dicere; Minae intermixtae Sanguinis et Desolationis abunde indicant; bellum, cujus Invidiam a se amoliebantur, in Papistas rejiciebant; etiam rejectum infame Decretum in Eboracensem, licet nullus in Conclave Superiori Catholicus adesset. Non adeo ab officio in optimum Principem defecerat Conclave Superius quod Procerum omnium Dignitas a Regia, ut Planet arum lumen a sole, penderet. Non defuerunt tamen etiam inter Proceres, qui Senatorum audaciam aequarint. Quod ostendit Shaftesburii oratio, si non eodem, certe haud multum diverso tempore habita, praesente et audiente Carolo, dum istis de rebus deliberarent. (490) SHAFTESBURII ORATIO* [see translation]. (516) AD EUM RESPONSIO. Haec ille. Quae oratio Factiosorum opera typis vulgata, jussa est Carnificis manu Iacerari, et igne consumi, Procerum auctoritate; nec Shaftesburius, ut ut Orator audax in Parlamento, cujus Privilegiis se tutum sciebat, extra tamen lepore meticulosior, eam suam esse non agnoscebat, ne ratam habere videretur. E domesticis Eboracensis aliquis Protestans earn confutavit, et visa responsio ipsius digna quae legatur. Haec habet: [see translation]. (518) Haec ilIa Epistola. Per factiosorum tamen manus serpebat ista Oratio; qui Oratoris fiduciam in caelum ferebant. Inde patuit monstrum ali, propediem in lucem remittendum, ni mature opprimatur, nec modus occurrebat illud eli dendi, stante in Catholicos Actione, cujus praetextu et conceptum et altum fuisset. Sana mens Populo redibat paulatim; quem taedebat vigiliarum quas magno incommodo suo, ab initio Persecutionis accurate peregerat; pudebat Catholicos timuisse, inito eorum numero, cum constaret vix centesimum quemque a Catholicis esse. Angebat Londinienses Lucra inhiantes commercii diminutio, cum non Catholici tantum verum etiam multi alii quietis amantes Patria discessissent. (519) ARNOLDI MALIGNUM STRATEGEMA. Frigescentia has ob causas Populi studia facibus debere accendi visum novis, iis similibus quibus primo fuerat in furorem actus. Supra dictum nihil magis commovisse plebem, quam Godefridi Eirenarchae Caedes. Tentandam alterius caedem visum, eundem ad finem. Et aptus visus Arnoldus (de quo supra lib. iii), qui personam in ista Tragicomica fabula sustineret Londini tum versabatur. Omnibus ad earn exhibendam paratis, designata hora ix vespertina, nocte illuni. Cum ergo biberet cum sociis in taberna publica, monitus a famula instare tempus, quo adire causidicum condixerat, se

* Reprinted in Christie, Life of Shaftesbury,

vol. ii, App. vi.


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statim inde proripit, et conjicit in obscurissimum Angiportum, designatam scenam. Hlic magnis c1amoribus civium opem implorat; [iis dixit] a Papistis sibi structas insidias, sicarios ibi expectasse, jugulum haurire voluisse, sed errante ictu, mentum vulnerasse; eos fuga elapsos, ubi cives convenire vidissent; eorum neminem sibi notum; sed unum in tibia laesum; hunc ex vulnere, reliquos ejus indicio comprehendi posse. Hoc xix Aprilis contigit. Hinc tragice debacchati in Catholicos factiosi, Oate praeeunte Legum beneficio juste privari, qui leges susque deque haberent; gladio utendum in public os sicarios, internecione delendos, ut ne Catulus quidem relinquatur; averruncandam semel pest em omnium vitae imminentem. (520) Inventae una nocte omnes Catholicorum domus Cruce Cretace a signatae, Percussoribus indici, ubi hospitarentur. Nihil deesse visum quam qui signum daret; hoc saluti fuit Catholicis sub cruce militantibus, cruce signatis. Brevi motus isti subsiderunt, dum constitit leniter tantum perstrictam cutem; nec constaret a se an ab alio id factum; nemo vero Catholicus erat, in quem facinoris invidia derivaretur. Testati chirurgi neminem in tota civitate vulnus in tibia habere. Unus tandem inventus in familia Powisii, qui [f. 119J attritam lapsu tibiam oleo lenibat. Hic tentatae caedis arcessitur coram Consilio Regio; inde ad Arnoldum deducitur; sed cum hic eum non accusaret, et ipse probaret se navem conscendisse Brillae xix Aprilis (id est, eodem die, quo tentatum facinus) et tantum tertio post die Londinum appulisse, et ipse dimissus est et Arnoldi fictae querimoniae cum risu transmissae. Qui, nihil sanior efiectus, dum furori suo in Papistas indulget, dum rabiei nec modum neque finem imponit, dum obvios temere pulsat, eos aut Papistas aut Papist arum Patronos dum appellat, dum nec Divum nec hominum ulli parcit, eos tandem ofiendit, quorum Auctoritati impar fuit. In jus enim vocatus a Duce Beaufortio, lege de Scandalis Magnatum, quod ipsius honori detraxisset, carceri mancipatur; cumque nec verba negando nec commode explicando purgare se posset, Reus renunciatus; imposita mulcta xl millium scutorum; carceri detinendus, donec solvisset. Verum remisit Beaufortius +multam,+ ubi ad ejus pedes projectus culpam agnovit et deprecatus fuit. Hinc dimissus est, si non melior, saltern cautior; nec enim Catholicis negocia palam +facessisse exin audivi.+ , (521) Redeamus ad Parlamentum. Cum in eo Factiosorum prava studia magis apparerent, varii pridem iis faventes adversari caeperunt, regiasque Partes sublevare, cum gravi eorum quos deserebant offensa. Primus, in quem ira detonuit, fuit Odoardus

*

*

Warner omits to mention the trial of John Giles for this assault (Pollock, The Popish Plot (1903), pp. 394-399). Nicholas Crouch had also been committed to Newgate on suspicion of wounding Arnold, but was released before the opening of the next Sessions of Gaol Delivery on 26 May 1680 (Bowler, C.R.S., xxxiv, 289, 293). , Cj. supra (ยง 386 and note).


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*

quem anna superiori sibi destinarant Oratorem, Seimerus, invito Carolo. Is eorum bilem commoverat, graviter et copiose J acobum exauthorari non posse disserens. Hunc petierunt non solum officiis a Carolo privari, verum etiam omnibus indignum solemni sententia dec1arari. Accusati postmodum ab iisdem duo supremi Causarum Quaestores, sive Judicum Praesides, Gulielmus Scroggius et Franciscus Northus, item Thomas Jones, Richardus Westonus, equites aurati, ille Causarum Criminalium, iste Camerae Computuum,~ Judices, quod consessum Eirenarcharum Middlesexiae dissipassent, dum in Eboracensem dicam scriberent. :: Actum de Legibus dicebant, actum de Regimine, si Judices id impune ferant; perinde ac si stare non posset Populi Libertas, si intra suum ordinem contineretur; si non et Regia familia tot a et proximus Regni haeres eorum Dicis J udiciisque perinde obnoxius esset, ac' quilibet e Trivio. (522) DICA IN SCROGGIUM.ยง Haec sunt, de quibus Scroggius accusatus: i. Conatum fuisse proditorie et nequiter Jus Regni, Religionem publicam, et Regimen evertere, Papismum vero et Despoticum regimen inducere. ii. Eum in finem, Authoritate Despotica J uratos Majores Middlesexiae exauthorasse, dum Actionem pararent in Eboracensem aliosque, qui Protestanticis sacris abstinebant. iii. Vetuisse cum suis Assessoribus imprirni librum Papismo contrarium, Protestanticae Fidei perutilem, eamque Prohibitionem variis Typographis intimasse. (Erat libelIus famosus.)** iv. Mulctas pecuniarias, pro affectu suo, impares ab ejusdem criminis Reis exegisse. v. Vades, sive Fidei J ussores, recusasse in causis, quibus eos Jura permittunt, authoritate pure pute Despotica. Et nominant sept em Typographos Londinienses, e quorum officinis examina prodibant libelIorum perniciosorum. vi. Vexasse more plane Despotico varios Regi fidelissimos, eos capi, bona rapi, jubendo. Sed hic nulIum adhibent exemplum. vii. Cum teterrima in vitam Regis esset inita Conspiratio, ipsum minus honorifice de ejus +Indicibus+ sensisse, de [J. 120J iis contemptim locutum fuisse. viii. Licet ob maximam dignitatem teneretur aliis piae et Christianae vitae exemplo praelucere, ipsum contra frequentibus et notis passim excessibus,

*

20 November 1680 (C.]., ix, 658). For a good modern account of Seymour's parliamentary career see (passim) K. Feiling's H istory of the Tory Party. ~ Camera Computuum seems to be a translation of Chambre des Enquetes, one of the several divisions into which the P arlement of Paris became split up (cf. Holdsworth, History of E nglish L aw, iv, 170). Weston was made Sergeant-at-Law on 23rd Oct. 1677, King's Sergeant on 5th Feb. 1678, and puisne baron of the Exchequer on 7th Feb. 1680. :: Cf. Resolutions of the House of Comm ons for the I mpeachment of Sir William Scroggs, Knight . ... Sir Thomas Jones, K night . . . . . Sir R ichard Weston, Kni~ht ... Thursday, 23rd of December, 1680. ยง Articles of I mp eachment of H igh T reason and other Great Crimes and M isdemeanours against Sir William Scroggs . .. London, 1680. I.e. Henry Care's Weekly Packet of A dvice f rom Rome.

**


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libidinibus, sermonibus prophanis et Atheisticis, Deum Regemque exhonorasse, fovisse nequiter viventes, et Justitiae probro esse. Denique potestatem sibi retinent ista mutandi, distinguendi, augendi, prout e Publica Re futurum videbittir. (523) Occulta, sed colenda et miranda Dei Judicia! Vere, Digitus Dei hie, cum Catholicorum infensissimus hostis Papismi accusatur, idque ab iis quorum gratiam Veritati, Justitiae, Conscientiae, animae, denique ipsi Deo praetulerat. Nunquam fuit, quod sciam, ad causam dicendam evocatus,* sed ea indicta Caroli imperio officiis publicis exutus,~ privatam vitam vivere coactus, +Solitudinis (a solis fere Catholicis visitabatur, ab aliis desertus) et Otii taedio+ brevi consumptus est. (524) ACTIO IN STAFFORDUM. Jam majus Tribunal nos vocat, imo Maximum Angliae, quo forte nullum toto orbe Augustius; utinam tam aequum extitisset. Reus Majestatis arcessitus Staffordus; Judices totum Conclave Superius, omnes Regni Pares, exceptis Episcopis (quibus in causa sanguinis Jure Canonico negatur suffragium, ob sanctius ministerium et Christi Mansuetudinem, quam imitari tenentur:1:), et Catholicis novo Jure Parlamento exclusis; Actores totum Conclave Inferius. ยง Testes in eum dati Dugdallus, Oates et Turbervillus. Actio inchoata xxx Novembris, vii Decembris finita; vindiciis secundum accusationem datis, ut dicetur. Primo die, lite rite contestata, selecti ex Inferiori Conclavi Juris Peritissimi, et Eloquentissimi, qui aliorum nomine in captivum agerent, magnam diei partem consumpserunt nihil dicendo quod captivum tangeret in specie. In genere probare conati sunt, Papismum Religionem esse feram, truculentam, immanem, idque ex Albigensium in Tolosatibus caede, laniena Parisiensi, Albani Carnificinis in Belgio, etc. Allegata caedes Godefridi, Colmanni Jesuitarum aliorumque supplicia, Caroli Edicta, Parlamentorum scita; inde deductum Catholicos Anglos solita barbarie grassari voluisse in Protestantes. Et licet reponeret Captivus se injuria eorum facinorum invidia premi, quae non minus forte quam ipsi Actores damnaret, nihili tamen habita exceptio. * * (525) Die sequenti, i Decembris, resumpta Actio, quam hac Asseveratione auspicatus est Actorum unus: "Ex pridie dictis constat Captivum esse Reum; quia notum est quam fervide

*

Because of the dissolution of Parliament on 28 March 1681. Baron Weston died in the same month . ~ On 11 April 1681. He was, however, compensated by a pension of ยฃ1,500 p.a. and a place for his son . :1: Bishops had a right to stay in court in capital cases until the sentence of death came to be pronounced (in accordance with the 11th Constitution of Clarendon). Their exclusion from the trial was sought because their votes would probably have gone in favour of Stafford. ยง Sitting in committee. Warner charitably omits to mention the evidence of Smith, Dennis and Jennison, which was brought forward on the first day.

**


ENGLISH PERSECUTION OF CATHOLICS

343

Religionem suam promoverit. Roc jam Testes confirmabunt." Apparuit tum Dugdallus, qui diserte juravit Captivum sibi bis mille scuta promisisse, si Carolum occideret; item Criminis Veniam a Pontifice obtinuisse, cum promissione eum in Sanctorum Album solemni ceremonia post mortem referendum. Interrogatus de variis a Captivo, sua ipse dicta confutavit contraria dicens. Roc paucis, quia plena responsio in fin em Actionis rejecta est. (526) Runc secutus Oates dixit Captivum varias Epistolas dedisse ad Fenwickium, in quibus de Conspiratione agebatur. +Ab eodem+ se p"r aesente accept as Litteras Patentes a Generali Jesuitarum signatas, quibus creabatur Quaestor Militaris, etc. Ad haec captivus: i. Oatem nunquam antea a se visum. ii. Fenwickium nec de nomine sibi notam. iii. Se a xxv annis nec dedisse Epistolas ad ullum sacerdotem aut J esuitam, nec ab iisdem accepisse . . Turbervillus juravit Captivum secum egisse Parisiis de tollendo e medio Carolo. Respondit Captivus se nunquam antea hunc vidisse, et variis id indiciis ostendit. Addidit ipsum res plane alias jurasse coram Parlamento, et petiit ejus Acta videre, inde perjurium +probaturus.+ Negarunt Actores fas esse Acta illa ostendi injussu Conclavis sui; fassi sunt in aliquibus falsum fuisse suum Testem, dixisse facta fuisse quaedam hujus saeculi Anno LXXIII, quae facta fuerant anna LXXI . " (527) Cumque Staffordus de Debilitate conqueretur, [j. 121J reliqua in sequentem diem dilata, ii nempe Decembris. Quo et tribus sequentibus, iii, iv, et v, auditi varii, aliqui etiam e Proceribus qui ut Judices sedebant, qui perditissimos mores, flagitiosam Delatorum vitam exposuerunt; aliqui contra eos de Probitate laudarunt. Illud risu dignum, quod Actores, producto quodam Hiberno,* qui juraret Oatem se vidisse Vallisoleti, ea verborum pompa Papistis insultarunt, quasi hujus unius Testimonio de cunctis eorum Apologiis triumpharent, quas falso dicebant negare Oatem in Hispania fuisse; cum e contra constet Catholicos semper agnovisse Oatem Vallisoleti fuisse. negasse tantum ivisse Madritum. Hac observatione Captivus eorum currum suffiaminavit, et parata habebat argumenta, quibus irrefragabiliter hoc Oatis Perjurium confutaret; quae eluserunt alii et Oates ipse non agnoscendo iter illud ab Oate assertum, tametsi et ipsius N arrativa, et Consilii Sacratioris atque Parlamenti Acta, id diserte continerent. Haec tam absona, tam iniqua, in tanto Procerum consessu, aut fidem invenisse, aut patienter audiri, aut etiam dici potuisse, nunquam au sus fuissem scribere, nisi hujus caus<l:e

*

I.e. Bernard Dennis, an Irish Dominican. He was later imprisoned in Newgate on 25 May 1681 (presumably on Charles's orders) for his part in Shaftesbury's plan to throw the odium of the plot upon the Queen . He was delivered by habeas corpus some time before the sessions of 6 July 1681, and later testified against Plunkett. His name is also to be found on Shaftesbury's indictment of December 1681, among the list of witnesses for the prosecution. (Bowler, C.R.S., xxxiv, 335, 348.)


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Acta, typis publica Authoritate vulgata a Typographis Regiis, nemine eorum fidem in dubium vocante, fidem meam liberarent. Ea seris Nepotibus testabuntur, quanta fuelit praesentium Temporum Perversitas, quanta J udiciorum Iniquitas. Dicente Oate se nunquam sincere, sed tan tum simulate fidei Catholicae Profession em edidisse, dixit captivus: "Videte, Illustrissimi Domini, quid Fidei debeatur viro, qui in re tanta tamdiu dissimulvait, et fidem professus est, quam credebat Idololatricam." Sed huic exceptioni pergravi Oates cachinnis occurrit. Transiit inde Captivus ad Dugdallum et Turbervillum, et tum virorum proborum testimoniis tum -argumentis eorum Perjuria confudit. Omnia frustra. Si quidem vii Dec. cum itum esset ad suffragia, XXXI Non Reum, LV Reum, renuntiarunt. Senescal1us, qui Paribus de capitali cognoscentibus praesidet, datus fuerat Heneagius Finch, Angliae Cancellarius; qui Sententiae proferendae orationem praemisit, crimina continentem, quorum postulatus fuerat Reus; visum est integram dare, addita cuique parti reponsione perbrevi. (528) SENESCALLI ORATIO, CUM SCHOLIIS. Senescallus:" Illustrissime Domine, quae ad suspendendam sententiam allegasti, ea Assessoribus meis nullius momenti visa sunt ... Nunc gravate exequor, quod officii mei a me ratio postulat, mortis sententiam in te ferendo, qui neminem un quam morti adjudicavi. (529) "Quis unquam credere potuisset, virum tam illustri stirpe prognatum, tantis Fortunae bonis cumulatum, tanta passum in Bellis Civilibus, utriusque Caroli Beneficiis ornatum, adeoque cujus intererat Regimen incolume servari, Caroli mortem, Status Publici ruinam, Religionis extinction em, et quantum in te fuit, animarum et corporum omnium in tribus regnis degentium, excidium designasse ? (530) "Eorum te criminum accusavit Conclave I nferius, Superius Reum te renunciavit." (531) Responsio: Haec clare probant null am habendam fuisse fidem tribus nequam hominibus. Accedebat ad septuagesimum circiter vitae annum etiam difficillimis temporibus probata Regibus nostris fides, et null is tentationibus cedens officii observantia. Denique cum se accusari sciret, et fugae locus pateret, domicilium non mutavit. Horum singula captivi innocentiam ostendunt probabiliter, cuncta simul demonstrative. (532) Senesc.: "Dubitare deinceps nemo poterit, quin Papistae omnes horrendam et detestabilem Conspirationem inierint, ad Regem e medio tollendum." (533) R . : Nulla unquam res [j. 122J infaelicius tentata, quam hujus probatio Conspirationis; quam quoties nova luce donare conati estis, densioribus tenebris obruitis ; non ingenii, quo abundatis, defectu, sed genio falsitatis lucem non ferentis;

*

*

For the occasion of the impeachment the Lord Chancellor (Heneage F inch) was appointed Lord High Steward by Royal letters patent . Cf. ยง 27 6 and l1ote.


-345

ENGLISH PERSECUTION OF CATHOLICS

cum omnium Innocentia Catholicorum ipsa impugnatione fortior evaserit, omnium Judicio comprobata sit. (534) Senesc.:" Quorsum illi tractatus ante biennium editi contra Juramenta Fidelitatis et Primatus Regii, cum nemo de illis cogitaret? Quorsum illa Concio P. Conieri contra prius Juramentum (Fidelitatis), nisi ut, evulsis qui ex utroque Juramento nasci possent scrnpuli, ad Conspirationem via muniretur? " (535) R.: Longe a vero abest tractatus illos editos, nemine de J uramento Fidelitatis cogitante. Ante quinquennium circiter, nemine de ill0 cogitante, Caroli jussu illud Superioris Conclavis Proceribus propositum fuit. Hoc Catholicorum ali qui admiserunt, alii repudiarunt, quod scirent a S.S.A. damnatum; qui curarunt a duobus sacerdotibus rationem reddi, quare rejecissent. Horum scripta, ipsis insc;iis, typis edidit Stillingfletus Ministellus. In concione Conieri nec verbum est de J uramento Fidelitatis, ut testatur ipsa concio, testantur et omnes excepto Oate, qui illam audierunt. , (536) Senesc.: "Quorsum ilIa cum Principum externorum ministris litterarum commercia?" (537) R.: In solum Colmannum ista cadunt, cujus unius crimen, si vero crimen fuit et Caroli injussu factum, reliqui Catholici praestare nullo jure tenentur. (538) Senesc.: Quem in finem collecta pecunia, et apud Patres cum intra Angliam tum extra deposita? " (539) R.: Haec accusatio sublesta Oatis fide nititur; nec probari unquam poterit, quia falsissima est. (540) Senesc.:ÂŤ Quare cuncta in Anglia consiliis Audomaro Parisiisque transmissis administrata? " (541) R.: Hoc etiam a vero longissime abesse constat; cum certissimum sit nullum Ecclesiasticorum Anglorum Superiorem a Decennio illis in locis vixisse, adeoque consiliis inde submissis res Anglicae admi.nistrari nullo modo potuerunt. (542) Senesc.:" Quomodo explicabimus ex Hibernia transmiss am +Epistolam+ quae docet, omnia parata, ubi caedes (nimirum Regis) peracta esset ? " (543) R.: Quem in finem explicaremus Epistolam, quae nunquam extitit extra fatuum Oatis caput et mendacem N arrativam? Idem ait ea significari quadraginta hominum egregie armatorum millia signum efferri tan tum expectare; et tamen diligentissime excussi Hiberniae totius anguli, nulla prorsus arma et vix quatuor homines suspicione obnoxios exhibuerunt. (544) Senesc.:" Quis iam non videt, un de natum Londini Incendium? A quo peracta Godefridi caedes ? "

*

(t

*

The] esuits Loyalty, Manifested in Three several Treatises . .. London 1677. Warner's account here is, so far as I am aware, the only explanation of how these treatises got into Stillingfleet's hands. , I.e. Fr. George Coniers, S.]. (Foley, Collectanea, i, 155). Warner prints ~ letter of Fr. Coniers, as Attestation V, in his Vindication of the Inglish Cathohks.


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(545) R. : Non ea est Oatis toties mendacis, toties purjuri, authoritas, tit fidem faciat ista a Catholicis profecta. (546) Senese. : "Ex dictis liquet limphatos Papistas nulla media quantumvis atrocia respuere, quibus Religionem suam promovere possin t, adeoq ue ferro et igne grassari paratos esse." (547) R.: Ex falsis praemissis nihil veri sequitur. Omnia vero, et singula, quae retulisti ex Oate falsissima sunt; cui si minor ab initio fides habita fuisset, Civitas Regis commercio, Carolus quiete, ejus ditiones Pace, tota Gens domi forisque Authoritate, fructa fuissent; quae omnia perfidus ille suis perjuriis affiixit, factiosis juvantibus, Deo Perjuriorum fautores justissimo Judicio castigante, eodemmet, quo peccarant. (548) Senese. : " Sicut manifest urn est conspiratum a Papistis esse, ita et tuas in hoc partes maximas fuisse. Quae primum Parisi is deinde Redux in Angliam fecisti, qualem in Regem animum habueris, ostendunt. Malignitatem produnt, quae Londini dixisti, Regem esse Haereticum, Divinae Majestatis laesae Reum, Deo perduellem; eidem exprobrasse, solis eum Rebellibus et nequam hominibus benefacere." (549) R . : Haec omnia ita clare confutavit Captivus, ut mirum sit a te [j. 123J tam asseveranter dici potuisse. Post aliquot annos isH Judices Gloriam Deo dabunt, veritatis agnitione quam nunc in lnjustitia detinent. Omni veri similitudine caret ea verba a Captivo prolata fuisse. Vox, Haereticus, adeo probrosa est, ut nequidem in Privatos viri honesti ilia utantur. Similiter illae voces: Rex est Majestatis Divinae Reus, Deo Perduellis, Dei Proditor, &c., non nisi a faece plebis aut homine Oati simili proficisci potuere. Aegre porro osten des ab ulio Catholico dictum, Carolum solos nequam homines promovere; Catholicis quippe perinde est, Petrus an J oannes, Protestans an Presbiterianus, officiis fruantur, quibus se norunt severis legibus excludi. At vero Protestantes, ii potissimum qui Regias partes in Bellis Civilibus secuti fuerant, et redeunte Carolo omnia officia spe devoraverant, isti, inquam, ubi se falsos viderunt, similes voces et crebro et palam emiserunt; quas nunc Reo objicis. (550) Senese.:" ld vides tibi evenisse, de quo te Sapiens admonuit: Regi ne maledicas in corde tuo: quia aves caeli nunciabunt." (551) R.: Nemini Catholico latet, quid sit eorum in Sacram Regis Personam et Dignitatem officium. Aegre persuadebis Delatores Aves esse Cae]j , quibus eorum et vita fiagitiosa et lndicii progressus notus est. Paucos primo J esuitas accusarunt; deinde Benedictinos, Dominicanos, et Carmelitas; tum Catholicos laicos omnes; exinde Protestantes ipsos, quos Papistas Larvatos appellabant. Aucta deinde audendo audacia, Reginam aggress;

*

* A bill for the reversal of Stafford's attainder was introduced by the Lords on 27 May 1685, but was dropped, however, in the Commons. The attainder was actually reversed by Act of Parliament in 1824 (Statutes of the Realm, 5 Geo. IV, c. 46).


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OF CATHOLICS

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sunt, Regii solii consortem; Eboracensem, ejus Haeredem, in Jus vocare ausi sunt, hominum quisquiliae, faex plebis, omnium criminum, ilEus etiam Majestatis, comperti; quo Regi (quem jam oblique perstringebant) solitario tutius insidiarentur. Ministrorum Caroli forte nemini pepercerunt, nisi tibi, + Domine Senescalle; + an hoc tibi Probro aut Honori sit, posteri a Partium studiis remoti incorruptius judicabunt. His pensatis, si hos Aves Caeli esse censes, quosnam dices Aves inferni furiasve ? (552) Senesc.: (( Attente consideres velim, Deum (qui neminem deserit, nisi prius deseratur) permisisse, ut incideres in foveam, quam aliis feceras.' , (553) R.: Nullam alijs foveam aperuit Reus. Nec Deum deseruit, cum ejurata in Adolescentia haeresi, in Ecclesiae gremium admissus, inseparabiliter illi corpori adhaesit, cujus caput Christus, Deus benedictus in saecula. Nec a Deo desertus est, cujus Praesentiam testantur Rei Pietas in Captivitate, Patientia in Passionibus, Christiana Fortitudo in Supplicio, et prae aliis ardens Charitas, qua etiam infensos hostes amavit, et pro eo rum et temporali et aeterna salute fervida Deo vota obtulit. (554) Senesc.: (( Cogita iterum qualis sit illa Religio, in qua Duces caeci te ad ista praecipitia perduxere." (555) R.: Frustra conaris atrocissimae Persecutionis invidiam in Catholic os sacerdotes derivare, quam e solo Protestantium in Papistas odio fluxisse compertum est. Horumque Religio apud plerosque ejus veneno intactos jam nunc male audit, quod tot Perjuria foverit, tot Innocentes calumniis oppresserit, converterint [sicJ Veritatem in Mendacium, et Justitiam in absynthium; Deo bona ex malis vestris Actionibus eliciente, qui adeo Bonus est, ut non permitteret mala, nisi esset adeo potens, ut de malis bona faceret. (August.) (556) Senesc.:" Denique, consideres velim, nunquam seram esse sinceram Paenitentiam. Devotus dolor, cum humili et aperta confessione, vim habet et apud Deum et Homines maximam." (557) R.: Nihil opus est Catholicis exponas, quantas apud Deum vires habeat sin cera Contritio, et quorum vere Rei sumus criminum [f. 124J humilis et integra confessio. Caeterum alio collineat ista admonitio dum dicitur etiam apud homines maximam vim habere, ad earn eorum scilicet alliciendam Misericordiam; ostentat vitae spem, dummodo crimen agnoscet Reus, ¡cujus fuerat accusatus, tametsi ejus purus. Haec confessio non Catholi~a sed Haeretica est, non sincera, sed fucata, falsa, fall ax, perfida, perniciosa, hominibus probis odiosa, Deo inyjsa; solis vero factiosis, malis, perditis, veris denique Protestantibus grata, idque non quia vera, sed quia utilis. (558) Liberum corpus torqueri permittunt Jura Civilia; non item Anglicana, nisi certis in causis, quae rarissime contingunt. Aliud tamen a saeculis inauditum torturae genus excogitarunt


348

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+Catholicorum hostes,+ mortis terrorem : aut agnnsce crimen cujus accusaris, aut morte morieris. Nullas ejusmodi fidiculas hominibus admovit ingeniosa Paganorum saevitia; hoc crudelitatis increment urn acceptum ferimus ver'is Protestantibus misericordibus illis, a sanguine fundendo abhorrentibus, mendacia cane pejus et angue odio habentibus. Minus mirum haec ab aliis dici in obscuris domorum angulis; stupendum id a magno Senescallo in tanto Judicum consessu insinuari potuisse. Quod aperte et rotundo ore profert in sequentibus, ubi ait: (559) Senese.:" Fuerunt ab aliquo tempore varii, qui Deo Justissimo Gloriam dare noluerunt, agnoscendo crimina de quibus fuerant et accusati et condemnati; imo, qui didicerunt peccati mortalis Reos esse, quicunque palam crimen faterentur, a quo clam absolvi petiissent. Un de non ausi sunt illam Deo gloriam dare, quam alioqui dedissent." (560) R.: Si haec tanquam a Regiis Testibus audita retulisses, ipsorum fuisset ilia praestare; at vero cum tute id asseras, id a te merito expectamus. Quod si nullis idoneis testibus, nulla cujuscunque Catholici script oris authoritate +probare possis (et certe non potes).+ quid de te sentient harum rerum Lectores? Certissimum enim est, nullum Theo]ogum ista docuisse, nullum Authorem scripsisse, nullum Catholicum didicisse. Adeoque a vero plurimum aberrasti. (561) Senese.: "Absit ex eorum numero sis, qui non nisi post mortem resipiscunt." (562) R.: Toto corde Deum veneror, ut dum vivis, Paenitentiam agas eorum, et quae contra veritatem dixisti, et contra Conscientiam atque Justitiam egisti, Catholicos persequendo, authoritate a Deo ad bonorum praesidium concessa in eorum perniciem abutendo. (563) Tum mortis, qualem subeunt Proditores, sententiam tulit: "Traha ducitor ad patibulum, illic resti collo innexo suspenditor, semivivus deponitor, viscera viventi eximuntor, et ipso spectante eomburuntor, corpus in quatuor partes secator, de quibus Rex pro libitu disponat." (564) Subdidit Judices apud Carolum intercessuros ut securi feriretur, quod consuetum Nobilium supplicium est in Anglia. Et facilem ad suas preces Carolum invenerunt, qui Vice-Comitibus Londiniensibus man davit curarent caput amputari. Verum hi, inaudita eatenus temeritate, Regio mandato non nisi praemisso Comitiorum consensu parere voluerunt. Haque oblato libello supplici, quid sibi faciendum censerent, petierunt. Et Conclave Superius categorice respondit Parendum esse. Non ita Conclave Inferius, in quo quaesitum, i. num Rex, qui nee Judex est, neque Par. aut suspendere possit, aut imperare sententiae executionem; ii. num id sit in pot estate Superioris Conclavis; iii. num Rex possit in aliqua supplicii parte dispensare; iv. si possit in parte ali qua, cur non et in toto. Cum fervide his de rebus altercarentur,


ENGLISH PERSECUTION OF CATHOLICS

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admonuit aliquis hac ratione fieri posse ut Captivus supplicio ¡ eriperetur; +unde cuncti una voce+ Vice-Comitum libello responderunt Senatoribus satis fore, quod Reo caput amputetur. Dicitur Russellus fortiter institisse, ut sent entia prout lata fuerat executione mandaretur, nec agnoscendam in Rege potestatem +supplicium+ mutandi. Et vix elapso sesquianno eandem implorare debuit ad mutanda supplicia Auctoritatem, quam nunc totis ingenii viribus impugnavit. (565) STAFFORD! ORATIO. Dies sumendo supplicio destinatus xxix Decembris, S. Thomae Cantuariensi sacer; quando e Turri product us in constructum ad id pegma, Captivus in haec verba ex scripto circumfusam [j. 125J plebem allocutus est [see translationJ. (583) Haec uqi legit, scriptum Vice-Comiti tradidit ad Carolum deferendum. Tum flexis genibus duas orationes oravit, alteram Latine: " Agnosco, Domine J esu, peccata mea multa et magna, pro quibus timeo; sed spero in misericordia et miserationibus tuis, quarum non est numerus" &c. Alteram Anglice, qua, ubi cum Gratiarum Actione Deo accept am tulisset dilectissimam conjugem et optimas proles, ilia charissima pignora Deo pientissime redonat. Deinde procumbens, aptato in subjectum truncum collo, tacitus aliquantulum oravit; tum tertio carnificis ictu a corpore caput separatum est. Spectabant e Superiori Turris contignatione concaptivi Catholici supplicium, [j. 127] et ejus exitum ferventibus precibus Deo commendabant. Ubi sumptum videre, Arundelius laetus aliis dixit: " Res faeliciter peracta est; non amplius pro ilio oremus, cum jam non ille nostris; sed nos illius precibus indigeamus. Dicamus jam: Te Deum laudamus." (584) STAFFORDI GENUS. Hunc gloriosum vitae exitum habuit Gulielmus Howardus, Vice-Comes et Baro Staffordiae, e nobilissima Ducum Norfolciae familia oriundus, filius secundo genitus Thomae Howardi, Arundeliae, Surriae et Norfolciae Comitis, magni Angliae Marescalli, Hiberniae Pro Regis, Avi Eminentissimi Principis Philippi S.R.E. Cardinalis Norfolcii, Atavi moderni Norfolciae Ducis. Matrem habuit filiam Comitis de Shrewsbury, ex Illustrissima Talbottorum familia. Uxorem duxerat Mariam, filiam et haeredem Odoard~ Vice-Comitis Staffordiae, qui genus recta linea ducebat ab antiquis Buckingamiae ducibus, imo et a Regia stirpe (sicut et Gulielmus Staffordius) a filia Thoma Brothertoniae, qui Odoardum ejus nominis primum Angliae Regem Patrem habuit. Ex ea septem proles sustulit, duos mares et quinque faeminas; quarum tres in Belgio Religiosain vitam professae, una vidua, Marchionissa Winchestriae; alia post mortem Patris in Matrimonium elocata. (585) Non falsus fuit, dum dixit brevi veritatem apparituram et Innocentiam suam agnitum iri. Enim vero Turbervillus

*

* The headsman raised the axe twice and set it down again,

before

finally delivering the fatal blow (Corker, Stafford's Memoires .... London

1682 (2nd ed.) (Wing C. 6306A), p. 199, and pp. 183-190 lor Last Speech).


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Decembri sequente graviter aegrotans, fassus est omnja quae in Staffordum dixerat falsa esse; ad quae dicenda bis mille quadringentis scutis fuisset adlectus. Dugdallus noctu frequenter, saepe interdiu etiam, Staffordum adesse clamavit. E Judicibus +qui Reum renunciarunt+ varii intra annum mortui dolorem suum de vindiciis contra eum datis testati sunt. Denique totum Conclave Superius, id est quot quot e J udicibus superstites erant anno MDLXXXV, solemni decreto sententiam in eum Iatam revocarunt, eumque innocentem declararunt. (586) ACTA PARLAMENTI. Nunc Comitiorum Acta videnda. Cum neutrum Conclave quae Carolus optabat expediret, omnibus xv Dec. convocatis dixit~: i. Faedera cum Hispano Hollandoque icta diu victura non esse, ni illi se eo faedere tutos fore crederent; id tandem credituros, ubi Anglos domi con cordes viderint. ii. Ni Tingi cito subveniatur, sera fore auxilia. iii. Se cunctis assentiri paratum +quae ipsi proponerent, + excepto Successionis Regni jure, quod mutari nolit. iv. Videre eos, quantum ipsis indulgeat; lib enter visurum, quid ipsi in ejus gratiam facere velint. Conclave Inferius decrevit: i. Unum remedium adversus Papismum esse, Papistas praecipuos deportare. ii. Declarat, donec spes est Eboracensem olim regnaturum, Caroli personam, Religionem Protestanticam, vitam, Iibertatem, bona Protestantium, in summo discrimine versari. iii. Faedus a Protestantibus inter se ineundum ad Regis, Religionis, et Protestantium securitatem +contra quoscunque Aggressores, + et ad impediendum ne Eboracensis aut alius Papista succedat. (587) PARLAMENTA ET JUDICES. Haec oblique Regiam authoritatem perstringebant; quam directe minutum ierunt die xvii Decembris, quando statuerunt: i. Ferendam legem pro frequentiori Parlamenti convocatione et longiori sessione. ii. Judices retinerent officia, honoraria reciperent, donec se bene gesserint:t (quibus decretis Jus et ferentes et dicentes, Regis Authoritati subducebantur). iii. Majestatis Reum [f. 128J fore, quisquis authoritate undecunque accepta pecuniam a Populo exigit, viis et titulis a Jure non praescriptis, id est, injussu Parlamenti. Un de Majestatis Rei forent, etiam qui ultro oblatam a quopiam pecuniam, ad Caroli usum acceptarent. Deinde confectus libelIus omnium nomine Carolo exhibendus, quo verbis in specie modestis, re autem ipsa fortibus et asperis declarant nec suppetias Tingin missum, nec vectigalia ulla impositum iri, donec ipse in Eboracensis exclusion em consenserit, et Protestantibus veris Potestatem fecerit ineundi faedus ad mutuam defensionem, quo tutae sint et ips ius persona, et ditiones. Petunt ulterius ne qui Judices, Provinciarum Vice-Comites, aut Eirenarchae

*

*

Vide supra (ยง 549 and note). , C.J., ix, 679. :I: The Judges' appointments were durante beneplacito (cJ. Warner, infra-ยง 599).


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uspiam instituantur, nisi quorum perspectus in Religionem vere Protestanticam affectus. ] udices officiis non amoveantur, donec se bene gesserint (unde nullus exauthoraretur nisi lite praemissa). Officia militaria terra marique solis veris Protestantibus conferantur. Haec ubi concesserit, se cuncta daturos, quibus opus ad Tingin defendendam, instruendam classem, alia, quae subditorum esset praestare, paratos fore. (588) Haec illi. Dabimus libro sequente, quae huic libello, ut ipsi dicebant, supplici, ut alii, famoso, responderit Carolus. Cum sparsus esset rumor Carolum Senatorum aliquos ad officia promovere velie, die xxx Decembris, id ad labefactandam eorum fidem spectare suspicati, vetant quemquam e Parlamento officium ullum a Rege seu honorabile sive utile accipere, sine aliorum consensu, statutis in contravenientes paenis. (589) COMETA TERRIBILIS. Circa haec temp~ra inusitatae magnitudinis cometa in caelo fulgere visus omnium tenuit oculos, terruit mentes., Parem nulli praesentis saeculi homines viderunt, majorem nullae priorum hystoriae referunt. Unde nascantur, quo ferantur, an fortuito causarum secundarum concursu, et ordinaria Providentia, an vero exerta Dei cuncta Crean tis atque Conservantis Omnipotentia producantur; an signa sint ] ustitiae Iraeque Dei, aut ejus Misericordiae indices; an ut Legati, Pacem bonaque nuncient: aut ut faeciales, Bella, morbos, clades indicent; haec, inquam, et id genus alia, iis, qui bus otium est discutienda relinquo. Turcarum opinio fuit, Ottomannici Imperii ruin am designasse, cui in orbem nascenti similis Comet a praeluxit. Et non vanum fuisse augurium, amissa Hungaria, in Morea Dalmatiaque acceptae clades, ostendunt. (590) TEMPESTAS IN LANCASTRENSE S.]. COLLEGIUM.:I: Collegium Societatis ] esu in Provincia Lancastrensi (sicut Catholici in illo tractu viventes) non multum ex ista Persecutione detrimenti passum fuerat (excepta Joannis Riverii, et Richardi Bartoni. captivitate et condemnatione, ultra quam non est saevitum), sive quod deessent seditionum flabella, sive quod nequam hominibus exigua premiorum spes proponeretur, sive quod Prudentiores ab initio fraudem subodorati fuissent, sive denique quod varii perspectae integritatis fuissent Majestatis postulati, e quorum Innocentia nota, de aliis ignotis ferebant judicium. Tandem tamen ante hujus anni finem, faelicitatis pro Christo patiendi factum est Particeps. Patres illic animarum salutem curantes alio fugati, Catholicis molestiae creatae, Penningtona pia faemina jam grandis natu vidua, a proprio fratre, Tempestatis istius

*

* This is the substance of C.J., ix, 684.

, This was the comet of Dec. 1680, observed by Halley. Cf. Cal. S.P. D ., 1680-1, p. III &c. For the contemporary significance of the comet see Howard Robinson, The Great Comet of 1680-An Episode in the History of Rationalism, Northfield, Minnesota, 1916. ; A. reads in margin, "Lettris meis 3 Jan . 81 et Paralip." Unfortunately the letter-book does not yield any further details. C


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Authore forte unico, Majestatis arcessita, in Jus vocata, sed Judicis industria, detect a Accusatoris BlundelJi (ita vocatur hujus mali fons, et primus turbo) fraude, illa declarata est non rea; ille graviter increpitus deinceps quiescere, cristis depositis, coactus est. Quies etiam aliis data, et Patres solitis Laboribus restituti in illo tractu.


LIBER V.

[J. 129J

MDCLXXXI

(591) ARGUMENTuM. Parlamenti illius Londiniensis Acta. Londiniensium libellus supplex, eorumque Charta insolens. Parlamentum Oxoniense. Sergeantii et Mauritii Depositiones. Discordia inter duo Conclavia. Caroli Declaratio, summo plausu excepta. Actiones in Collegium, Fitzharrisium et Plunkettum, de quibus sumptum supplicium. Plunketti oratio. Item in + Milonem Stapletonum et + Georgium Busbeium Actiones. Shaftesburius, aliique capiuntur. Dicae in eum et varios alios Scriptae a Juratis Londiniensibus rejectae. Joannis Pauli Oliva mors. N ova in Catholocis calumnia, voluisse classem incendere. J oannes Morus Londini Praetor. (592) Sicut in aestu marino, luna aut nova aut plena, aqua £luctus turmidos in vicinorum £luminum alveos effundens, eorum consuetum cursum remoratur primo, deinde sursum propellit, donec ripas superantes £luvii vicinas planicies inundant, quasi Diluvium immineret; ubi tamen terminos Dei Providentia praefixos attigit (qui dixit: " hucusque venies, et non pro cedes amplius, et hic confringes tumentes £luctus tuos," Job. xxxviii, ii.), re£luit et in anti quos sese limites recondit : ita factiosorum studia, qui officii sui in optimum Patriae Parentem immemores, superbia tumidi, Plebem propulere extra designatum ei alveum, cujus ope cunct0s obruere speraverant; sed Dei, in Angliae bonum vigilantis, Providentia Demagogorum consilia confudit. Si quidem redeunte paulatim Plebi sana mente, et cum ea officii in Principem memoria, ab hac deserti Factiosi, primo attoniti haerere, deinde fuga dilabi ceperunt. Aliquibus ad Caroli clementiam, veluti ad sacram anchoram, confugere saluti fuit, alii, debito supplicio affecti, meritas temeritatis suae paenas dederunt. Haec isto anna inchoata, duobus sequentibus peracta sunt. (593) Mirabantur Caroli Patientiam omnes a Partium studio liberi, quod ferret tacitus tarn tetra de se dici, cum singulorum orationibus, turn omnium lib ellis ; hoc ali qui sequius interpretati, vel Timori vel Impotentiae remedium malo par adhibendi, vel etiam Insensibilitati aut Stupiditati tribuebant; paucissirni, quod res erat, suspicati sunt altiori consilio factum ad subruendam Parlamentorum authoritatem apud Anglos, eorum ultra jus et fas amantes. Hunc affectum evellere impossibile, quandiu sol':lm bonum publicum prae oculis habere videbantur. Ast istis altercationibus apparuit Comitia, maxi me Inferius Conclave, ultra progredi, monarchiam eversum ire, totam sibi potentiam arrogare, Carolo insultare, aequa negare, iniqua petere, cum in aliis reprehenderent tyrannidem fictam, earn veram invadere, refrixit populi favor, rediit Principis observantia, absque qua de sua quoque Libertate actum videbant. Qualia enim futura essent Parlamenti


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imperia senserant motuum civilium tempore, experientia docti minimum ejus digitum Regis dorso grossiorem esse. Moderatiores quique Conclavis Inferioris Senatores alios fervidiores monebant, modestius progrederentur; fore [j. 130J alioqui ut non Caroli tantum, verum etiam Populi gratia exciderent. Sed surdis cecinerunt, sive quod isti sperarunt omnia sibi cessura, sive metu, quod eo progressi essent, un de non dabatur tutus regressus, viderentque quae ausi fuissent, nisi majora audendo, defendi non posse. (594) PARLAMENTI ACTA. Resumptae hujus anni initio Parlamenti sessiones. iv J anuarii, Carolus Inferiori Conclavi significari curavit se legisse attente, et propensissima voluntate illis +complacendi, + quantum fieri possit, illorum libelium supplicem (de quo supra). Dolere se, quod ita urgerent Eboracensis exclusionem, quasi alia remedia forent contra Papismum inefficacia. Se non posse earn in rem consentire, maxime refragante Conclavi Superiori. Monet alia remedia excogitent; se promptum iis assentiri, quae more Parlamentari, ab utroque scilicet Conclavi, proponerentur. Deinde monuit Tingi subveniendum. (595) Cui respondit die vii Conclave Inferius stante Eboracensi, nee Religioni, neque Regi, neque Regimini, satis caveri posse. Alia remedia et inefficacia et perniciosa. Dare pecuniam, eo non excluso, omnia ilia in discrimen conjectum; se quoque earn dando officio suo defuturos in eos a quibus fuerant in Parlamentum destinati. Qui Carolo Authores fuerunt Eboracensem ne excluderet, perniciosum ei dedisse consilium, fautores esse Papismi, Regisque et Regni hostes. Nominant Halifaxium, Worcestrium et Clarendonium. Hunc, Fevershamium et Laurentium Hydum omnibus officiis, item Consilio Regio, et tota Aula expelii petunt.~ Sic in homines inauditos et inaccusatos ferunt sententiam. Videbimus infra cur ita pertinaciter Eboracensem excludi peterent, un de etiam factum, ut Carolus tam constanter eis refragatus sit. (596) Eodem die vii Jan. decretum aliud conditum. Si quis pecuniam uliam mutuo dederit Carolo, aut alteri earn dandi Author fuerit, aut pecuniam e quibuscunque vectigalibus proventuram anticipato solverit, Parlamenti Sessioni adversari censetor, deque eo crimine in proxima sessione in Jus vocator." Sequentibus diebus Dicas parant in Scroggium, Judices, aliosque. Tandem die x Conclavi illi dictum, Carolum statuisse praesens Parlamentum prorogare. Statimque sciscunt eum qui illud Carolo persuaserit, esse Regis, Regni, Religionisque proditorem, Potentiae Gallicae fautorem, et Regis Christianissimi Beneficiarium (Pensionarium). Unde patet quam inconsiderate ferrent sententias, qui virum penitus ignotum, auro Gallico corrupto renunciarunt. Sed brut a fuerunt fulmina, cum quod alterius Conclavis consensus non accesserit, tum quod Carolus eodem die

*

Cl

* C.] 0, ix, 699.

~

C.]., jx, 702.


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Prorogatione +ad xx Januarii+ finem huic sessioni imposuerit, nulla decretorum istorum facta mentione. (597) LIBELLUS SUPPLEX LONDINIENSIUM. Shaftesburius, quanti momenti esset hoc Parlamentum ei plane obnoxium iterum convenire probe sciens, fiectere cum nequiret superos, Acherunta movit. Curavit enim per suos emissarios a consilio Civico confici libellum supplicem Carolo offerendum, quo dicunt attonitos se fuisse inexpectata Parlamenti prorogatione, cum e captivis Papistis unum morti adjudicassent, in alios pararent Actionem; itemque in Scroggium aliosque Judices, quo Caroli, Regni, Religionis, Regiminisque securitati consulerent. Id unum se sperare, Prorogationem ea intentione +factam,+ ut iterum agi possit de Eboracensis abdicatione (ubi enim rejectum fuerit ab uno Conclave decrâ&#x201A;Źtum, non licet iliud amplius in eadem sessione prop onere ; secus si Parlamentum prorogatum sit, tametsi ad un am tantum horam). Humiliime proinde supplicant, lice at Parlamento die statuto convenire, et manere, donec negocia, quae prae manibus habent expedierint. (598) Haec ilii. Pessimi exempli visum, opifices, necdum excusso officinarum suarum vilissimo pulvere, in Imperii Arcana involare, Regique praescribere audere , quando Parlamenta convenire, quamdiu sedere deberent. Quid libellum offerentibus responderit Carolus haud invenio ; quid de ilio senserit, Edicto manifestavit xviii J anuarii edito, quo Parlamentum [f. 131] praesens exauthoravit, et alius indixit xxi Martii, Oxonii celebrandum. (599) Parlamentum hoc iniquissimum supremis Potestatibus fuit, quarum in variis + authoritatem+ contrahere voluit. Nimirum I. Legem rogando de conventione et sessione Parlamentorum. II. Quod Judices Regiae potestati eximi vellet; cum enim ex antiqua formula conferebatur eis Jus dicendi + potestas + durante beneplacito Regis, unde Regibus obnoxii erant, ubi ipsis placebat amovibiles, hac abrogata, novam formulam praeUnde neminem amovere fas posuit, quamdiu se bene gesserint. esset, nisi lite praemissa. III. Quod hostes public os habendos censuerit, qui vel ultro Carolo pecuniam mutuo dedissent, vel vectigalia solvisset ante tempus. IV. Quod in dubium revocavit Caroli potestatem ad remittenda supplicia, vel in toto vel in parte. V. Et maxime, quod Regimen Haereditarium in Electivum mutare voluerit. (600) Caroli rebus, licet praeter intentionem, profuit ist a sessio, I. quatenus depositis Larvis, studia occult a patefecerunt, unde secutus modestiorum horror, bonorum odium; II. quod in ea jacta fuerunt inter Conclavia Discordiae semina nulla Ulyssis Anglicani industria evellenda. Unde nunquam deinceps in Caroli Regnique perniciem conspirarunt. (601) Sequens Parlamentum non Londinum, ut alias, sed L.J., xiii, 743.

*

*


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Oxonium convocavit Carolus, quod illi suspecta esset Senatorum civiumque concordia, quae a conjuratione vix aberat. Dum mutuis sese operis juvant, dum senatores civium audacissimos in Caroli Regimen incitant, hi iBis animos ad audendum faciunt, hi vires, alii consilia in medium conferunt. A quibus seorsum sumptis minor metus, cum his mens, ali is corpus deesset. Oxonii vero cives factionis studiis liberi a Carolo stabant, sicut viri Academici magno numero. (602) Hinc e Proceribus XV confecto libeUo supplici, Carolo exponunt pericula Populo Caroloque a Papistis impendentia, quibus absque Parlamento nec obex, nec remedium adhiberi posset. Quominus Parlamenta id praestiterint obfuisse inexpectatas Prorogationes Dissolutionesque. Nunc Oxonium iis celebrandis destinatum, quod nec tutos a Papistarum sicis praestare possit, nec omnibus qui moderna comitia sequuntur excipiendis par sit. Defuturos itinerum expensis impares Testes Regios; hos metu insuper deterrendos, nihil obstante Parlamenti protectione, quod hoc etiam in potestate SateUitum (quorum plerique aut Papistae aut suspecti) futurum esset. Unde de Actorum valore dubium, nasciturum. Rogant proinde Londinum convenire jubeat. Huic subscripserunt Monmuthius, ShaftesEssexius, qui Carolo libellum burius, Graius, Howardus, &c. ofierret, ab aliis electus; cui gratiae a Senatu Civico actae, quod ingratam Regi Provinciam subiedt, licet obtinuerit nihil a Carolo, propositi sui jam tenaci. (603) CHARTA LONDINIENSIUM INSOLENS. Itum ubique ad electionem Senatorum, et ubique fere iidem iterum electi. lUud vero novum et insolens, quod cives Londinienses electis a se senatoribus Chartam tradiderunt, qua gratiis actis de forti fidelique opera in superioribus Comitiis navata, ad compescendos Papistas, Regem, Religionem, Regimenque servandum, firmandas frequentes et longas Parlamenti sessiones, asserenda populi Jura, maxi me vero ad amovendum Eboracensem, hortantur, gnaviter eadem promoveant; pecuniam ne dent donec uUus Papismi aut Despotici Regiminis metus. Agerent intrepide. Cives Londinienses et bonis suis et vita, si res poposcerit, illis adstituros. (604) Pessimum hoc exemplum imitati alii, ubi Factiosi numero et authoritate praevalebant. (605) PARLAM. OXONIENSE. Carolus, instanti comitiis designato tempore, [ j. 132J relictis equitum peditumque manipulis aliquot, qui Londino incubarent, cum reliquis copiis Oxonium pergit. Senatores et ipsi non tam ad arcendam +(quae a miti Caroli ingenio timeri non poterat) + quam ad jnferendam vim, Amicos Clientesque suos cogere, arma parare, faedera inire, quasi non ad consultandum sed ad pugnandum illuc irent. Et quo suos ab aliis internoscerent, singulis vittas sericas, eum tantum in finem paratas, distribui curarunt, pileis loco conspicuo gestandas,

*

* There were sixteen signatories altogether.


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357

*

Cluibus intextum hoc Lemma: nee Papismus, nee Tyrannis . Nihil boni promittebant haec armata comitia. (606) Confiuxit eo Regiorum Testium turba, qui solito more bacchantibus in Catholic os furorem adderent, Oates, nempe, et Dugdallus, Turbervillus et, proh dolor! J oannes Sergeantius et David Mauritius. Carolus omnibus convocatis dixit (( impositum praecedenti Parlamento finem, ob illicita Conclavis Inferioris consilia. Se nec despotice reg ere Yelle, nec permissurum, alii ita regant. Qui sedato animo prioris Acta legerit miraturum potius, se tamdiu patienter tulisse quam tandem fatigatum esse. Non minus sua, quam aliorum interesse, populi Jura Libertasque in tuto sint; nec enimvero bene esse Regiae Authoritati, ubi illa in discrimen adducta sunt; nec Libertatem neque Jura subditorum in tuto esse, minuta Regis authoritate, extinctoque honore Regimini debito. Se Parlamentum illud convocasse, quo testatum faceret se de Parlamentis etiamnum bene sentire. Monuit, ne ita soliciti essent de Religione, ut ejus conservandae colore Regiminis fundamenta subrutum eant; nec ita uni contra Papismum remedio adhaereant, ut alia rejiciant velut inefficacia. Se in Eboracensis amotionem nunquam consensurum; non aegre tamen permissurum decernatur ut casu quo Papista Rex sit, Regimen ipsum +penes+ Protestantes sit; aut in alia, quae suggesserint, salva Monarchia. Non separandam Religionis a Regiminis consideratione, cum ista se mutuo tueantur. Habendas semper prae oculis antiquas leges, ad earum amussim sua scita formanda. Hoc idem et se facturum." ~ (607) SERGEANTII ET MAURITII DEPOSITIONES.:I: Acciti ad Inferius Conclave Sergeantius et Mauritius, Chartam obtulerunt, Consilio Sacratiori oblatam xviii Feb., MDCLXXIX. In qua Sergeantius refert, ex fide Mariae Skipwithae, Gavanum asseruisse Carolum a Regina licite occidi posse, ob adulterium, cujus Reus erat; imo ipsam ad id teneri, ne iste aueto peccatorum numero gravioribus paenis in alia vita puniatur. Mauritius ait se ab eadem Skipwitha idem audivisse; Gavanum in eo secutum socios suos; Escobarium idem antea docuisse. Se Bruxellas ivisse ut particeps fieret pecuniae, quam Innocentius PP. XI illuc miserat, in subsidium Catholicorum Anglorum, qui in Belgium se receperant. Reperisse earn distribui ab iis, qui Pontifici vovent obedientiam; iis vero subsidiis excludi, qui suam jurejurando fidem Regi obstrinxerant. Quibus auditis, jussere senatores ista typis imprimi et vulgari; quod statim factum; non alio fere fructu, quam +ne isti olim causari possint, calumniis sibi impositas Delatorum personas sane parum honestas. + N am quod ad Gavani verba attinet, ea uterque retulit ex fide unius faemellae nec sibi con-

* Cj. North, Examen, pp. 101-2, and Sitwell, The First Whig, p. 144. ~

L.J.,

xiii, 745.

=The Informations of .fohn Sergeant and David Maurice Relating to the Popish Plot . .. London 1681.

Gentlemen ;


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stantis; nam consult a de iis Bruxellis, dixit Gavanum haec tantum dixisse: " Si Deus me faeminam fecisset, nunquam amare potuissem virum qui fidem conjugalem violaret." (608) Alii porro quatuor aut quinque +qui una aderant, + dum Gavanus vel haec vel illa verba protulisse dicitur, constantissime negant ullam de Rege, Regina, Adulterio, aut Homicidio fact am esse mentionem; adeoque omnia a vero longissime Quae vero a Mauritio addita a vero aberrare ait abesse. Illustrissimus Internuncius Bruxellensis, qui dixit proprio Mauritii Chyrographo se ostendere posse eum illius subsidii factum esse participem; ex rationibus vero constare, aliquantum plus ipsi quam ulli singulari personae datum. (609) CAUSA FITZHARRISII. Eodem, quo jussum horum depositiones imprimi die, xxvi nempe Martii, orta est inter utrumque Conclave gravis discordia. [j. 133J Discordiae pomum fuit causa Odoardi Fitzharrisii, Majestatis accusati, cujus cognitionem~ Inferius Conclave Superiori detulerat, et hoc censuit earn ordinariis tribunalibus permittendam. Hoc inquit Procerum longe major pars. Aliqui tamen numero xix:: protestati sunt contra hanc Procerum sententiam, et inter hos Monmuthius et Shaftesburius. Inferius Conclave, ubi audivit Pro ceres a se causae cognitionem amolitos esse, decretum acre fecit, quo declaravit, ipsos negasse Justitiae administrationem, Parlamentorum constitutiones violasse, Inquisitionem obstruxisse in Conspirationem Papisticam, periculo exposuisse Regem, et Religionem. Quod si aliud quodcunque Tribunal aut de istius, aut ullius alterius ab Inferiori Conclavi arcessiti, crimine cognoscat, censendum fecisse contra Parlamentum, ejusque jura violasse. ยง (610) Nihil tamen praeter Jus fecisse Pro ceres certissimum est. Magna enim otia fierent aliis Tribunalibus, si causaram particularium cognitio, etiam in prima instantia, ad supremum illud Tribunal Procerum transferatur. Quid a Jure dicundo supererit otii Proceribus ad ardua Regni negocia curanda, si in his minutioribus occupentur? Universim jure Anglicano cautum ne quis nisi a sibi Paribus, sive qui ejusdem cum eo conditionis fuerint judicetur. Indignum etiam visum honore Superioris Conclavis, ab Inferiori ad quas velit istud res cognoscendas adigi. quasi huic famulari teneretur, et pensum persolvere sibi proposjtum. Jure proinde nitebatur Superius Conclave; sola violentia Inferius, quod Fitzharrisium supplicio subduci cupiebat, ut eo teste uterentur in Actione contra Eboracensem instituenda, ubi fuisset succedendi Jure pri va tus.

*

*

Hay, p. 152, quotes a declaration of Fr. John Keynes, S.J., to the same effect. ~ I. e. in the form of an impeachment. :: L.J., xiii, 755. There were twenty dissentients, but one was a Bishop, Crewe of Durham. ยง C.J., ix, 711. The Commons' reaction took effect on the afternoon of the same day, viz. 26 March.


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(611) Si enim Proceres illius causae cognition em ad se evocassent, in qua Inferius Conclave Actoris partes sustineret, sciebat istud penes se semper fore Actionem aut urgere aut remitt ere pro libitu. Adeoque hoc suo decreto Impunitatem parabat. quibus libebat, cujuscunque criminis rei forent. Hinc universim dicunt alia quaecunque Tribunalia de viris a se accusatis Judicium instituere non posse, sine violatione Juris Parlamentarii, +unde terrebantur Judices ab eorum cognitione, quos illi semel accusarant. (612) Die xxviii ejusdem mensis Eboracensis Amotio in Conclavi Inferiori proposita, decreto adversus eum prima vice lecto; et plurium suffragiis jussum, legatur secunda vice die sequenti. Quod cum audisset Carolus, Parlamentum, re cum nemine communicata, extemplo dissolvit, et eodem die Windesoriam, sequenti vero ante octavam matutinam Londinum pervenit, ne quid i1lic a Factiosis, ipso absente, turbae oriretur. Hac inexpectata Parlamenti dimissione quasi fulmine percussi, steterunt attoniti, se mutuo respicientes, Factiosi Pro ceres et Senatores, nec quidquam consilii occurrebat. Un de cum sesquihoram circiter taciti haesissent, quod nemo primus loqui auderet J discessum est soluto conventu. Constans fama tunc erat ipsos, ni fuissent exauthorati, statuisse Carolum in suam potestatem redigere; Eboracensis amotionem vi extorquere; postea pro libitu de Carolo statuere, ea nimirum, quae a Pervicacibus subditis in Reges captivos statui solent. Ea certe apud Carolum fidem invenit, et veri Conspiratores, variis suppliciis post biennium affecti, earn farnam confirmarunt. Et aderant vires magnis ausis pares, quas se defendendi colore paraverant. Ex hinc retro sublapsa referri visa spes resque factiosorum, cum nullo fuco inducere possent pessima consilia. (613) CAROLI DECLARATIO. Carolus, quo consilia sua populo jubet-[j. 134]que in singulis Ecprobaret, edictum vulgat, clesiis praelegi. In eo declarat cum dolore a se dimissa duo ultima Parlamenta, cum nihil in Populi bonum fecissent eorum, ad quae convocata fuerant. Se fecisse, quod penes se erat; nec sibi imputari posse, quod expectato fructu caruerint. Praemonitos a se Proceres initio, caverent iis, in qui bus alii peccaverant. Se paratum fuisse omnia dare, quae modeste possent peti; nihil negaturum fuisse, quo Religioni, publicae subditorum Libertati bonisque, cautum esset, modo non exiret in totius Regiminis eversionem. Petiisse, quae firmandis faederibus necessaria forent; item auxilium quo Tingi subveniretur; hortatum esse, in Conspirationem Papisticam inquirerent; omnia frustra. Eorum libel10s supplices in famosos degenerasse. Despotice varios carceri mancipasse, qui ne minimum quidem Parlamenti Privilegium violarant. Ursisse varii condemnarentur et officiis omnibus

*

*

His Majesty's Declaration To aU his Loving Subjects . . .. 8 April 1681 (Wing C. 2996 and C. 3000).


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amoverentur nee auditi nee aeeusati; quo reipsa Regimen vere Despotieum sibi arrogant, dum Regnum ejus fieto terrore perturbant. Ulterius progressi vetuerunt ullam mihi peeuniam anticipato solvi, aut quiequam vel dari, vel aeeommodari, oppignoratis vel in toto vel in parte Veetigalibus. Un de nee Amieis auxilio esse possemus, nee hostibus aut externis aut internis terrori; magisque essemus injuriis obnoxii, quam minimi subditi nostri, quibus est facultas pecuniam, ubi opus est, mutuo accipere. Vetitam ulterius a Conclavi Inferiori legum paenalium in Presbiterianos aliosque ab Ecclesia Protestantica dissentientes, executionem. Qui earn urgere voluerit, subditos gravare, debilitare causam Protestantieam, Papistis favere, et pUblicam Pacem in diserimen adducere, censetor. Quo deereto potestatem sibi arrogat Inferius Conclave, leges public as refigendi (ad quas aequa lance distribuendas Judices solemni J urejurando adstringuntur) totius +etiam+ Parlamenti scita rescindendi. Haec aliqua sunt e perperam Actis in ultimo Parlamento Londinensi. In Oxoniensi vero nihil Conclavi Inferiori satis esse visum est, ni fratrem ipsum successionis Jure privaret; quod salvis honore, Justitia, Conscientia, fieri non poterat. N ec deesse motiva, quae fidem faciant, amoto suecessore, in Possessorem ali qua designatum iri. De Fitzharrisio aliam altercationem ortam, cujus causam Conclave Superius mecum sentiebat J udieibus ordinariis esse relinquendam; Inferius vero illis eripi voluit, evocata ad comitia causa. Hoc insuper in Proceres acrem strinxit censuram, ne petit a quidem ratione cur Pro ceres de ea causa cognoscere nollent. Cumque graviora in dies timeri possent, nihil vero boni sperari, cum fervida ingenia pacatam deliberationem omnem eliminassent, necesse fuisse illis quoque eomitiis finem imp onere. Ne tamen fidem habeant, monet, malignis seditiosorum verbis, se male de Parlamento sen tire ob aliqua perperam in istis gesta, aut ea convocare deinceps nolle; declarat, iis nihil obstantibus, se Parlamenta amare tanquam remedium optimum ad sananda Rei Publicae vulnera, et validissimum Imperii domi forisque fulcrum. Statuere se declarat, Parlamenta frequenter eelebrare, Papismum supprimere, subditorum onera sublevare, juxta Jura regere; sperare se subditorum oculos brevi apertum iri, quo et se et alios cognoscant, et in proximis Comitiis ea statuant, quae e re et Ecclesiae et status futura sunt; quibus adfuturos speraret meliorem et fideliorem Populi partem, qui meminerunt qui bus gradibus ad extremum malorum civile bellum deventum sit haud ita pridem, sciuntque eversa Monarchia una periisse Religionem, Libertatem, et bonorum pacifieam Possessionem; nee istas, nisi illa postliminio revocata, restitui potuisse. (614) Haec Caroli [ j. 135J Declaratio propensis animis a plerisque audita, prava Factionis studia detestantibus, et conspecto quod prope adierant periculo eohorrescentibus, Regnum eo defunctum priusquam plane cognovisset laetantibus. Secutae


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frequentes undique et mini me fucatae Gratiarum Actiones, quod Bono Publico consuluisset, matura Parlamenti dissolutione; supplicant, porro pergat; suamque illi operam, Bona, vitam ipsarn, addicunt contra Rei publicae perturbatores. Haec ex diversissimis locis. Unde constitit, Factiosos, ut ut pars esset magis obstrepera Plebis. et se Populum A nglicanum dicerent, non tamen majorern aut potiorem Populi Partern esse. (615) Carolus quieti et suae et Regni consulens, in Typographos aliquot animadvertit, qui saepe quaque hebdomada nova fingebant spargebantque, a vero aliena, ad fovenda dissidia; quibus suo more occurrebat Lestrangius, mendacia refutando, facta vel dicta seditiosa propalando, perniciosa summis Imperiis dogmata refellendo, suis eos Artibus aggressus. Un de totam acerrimae factionls vim in se concitavit; quam ille facile contempsit; tam bene de republica meritus, quam mortalium ullus rnereri posse videtur. Gratum cunctis in officio manentibus nomen, solis ab eo deviis odiosum. (616) ACTIO IN PLUNKETTUM, ET FITZHARRISIUM.~ Carolus Fitzharrisium merito supplicio afficere certus, ne quis ejus occasione motus iterum oriretur. Quo ergo facilius illam sibi spin am evelleret, ne quis inhaereret aut xii viris aut populo ex decreto Conc1avis Inferioris Oxonii condito scrupulus, eonsuli curavit Judices, num Jure liceret Actionem in eum extra Parlamentum +institui. + Qui responderunt un ani miter, affirmative. Hinc xxx Aprilis ad eluenda sibi objecta crimina evocatus, diu cum Tribunali altercatus est, ejus Authoritatem non agnoscens, Parlamenti nomine velut objecto c1ipeo sese tegens. Tandem tamen cedere coactus fuit, a Judicibus admonitus, eum ut mutum (contumacem) damnatum iri, ni litem contestaretur de more respondendo. Caeterum ea rite contestata, cum diceret Testem sibi necessarium in Hollandia versari, dilata ulterior Actio in ix Junii. (617) Cujus mens is die viii Majestatis arcessitus fuit I1lustrissimus ac Reverendissimus Olivarius Plunkettus, Archiepiscopus Armacanus, Hiberniae Primas. Hic carceri mancipatus in Hibernia, et dies causae cognoscendae destinata; sed quod desperarent Testes fidem, ubi nota omnia, sibi habitum iri, deserto vadimonio, Londinum venerunt, illuc factiosorum opera et causam et Reum eo transferri curarunt.:I: Testes in eum dati c1erici quidam et etiam Religiosi, quos, dum eorum pravos mores

*

*

L'Estrange's first publications on his return from exile were the Observator (which began on 13 April 1681) and Dissenters' Sayings, published in the same month (Kitchin , Sir Roger L'Estrange, pp. 267 and 415). ~ Their trials were printed together-The Tryal and Condemnation of Edward Fitzharris Esq . ... as also The Tryal and Condemnation of Dr. Oliver Plunket . .. London 168l. :I: Plunkett was brought to trial in England at the instigation of the Protestant Bishop of Meath, through his agent Col. Mansell (Bodley MS., Carte, vol. xxxix, ff. 154, 166, and vol. ccxliii, f. 477).


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nec ferre amplius posset nec corrigere, censuris Ecclesiasticis innodarat. Crimina ei objecta, fuisse ad instantiam Regis Christianissimi creatum a Summo Pontifice Hiberniae Primatem. Eum in se recepisse curam Regis illius victricia arm a in Hibernia admittendi, quo Protestantes omnes internecione delerentur. Visitasse eum in fin em Portus maritimos, ut maxime opportunum +copiis Gallicis excipiendis+ seligeret; collectum ingens aes, conscriptos milites ad lxx millia homimum. Alia ex optimi viri Oratione rescientur. Rogavit Captivus ad decem dies causam ampliari, quod eis ex Hibernia +accersendis+ quibus et ipse et Testes noti essent +spatium necessarium esse.+ Expectari Testimonia authentic a civitatum ex quarum Actis Publicis ostendi posset testium aliquos effractis carceribus ultimum supplicium vitasse, omnes sceleribus coopertos, sibi vero speciatim infensos, quod in eos ex rigore Juris egisset. Hinc illos ob malos mores in nullos, ob notas Simultates in se, Testimonium ferre non debere. Pecuniam se nullam exegisse extra [f. 136J suam Diocesim, nec intra, nisi quam clerici ad Episcopum alendum ex more Patriae conferre tenentur; quae annuatim vix ad ducenta quadraginta scuta ascendebat. Se cum unico famulo in angustis laribus stramine tectis habitasse; nec alendis pluribus suffecisse collatitiam pecuniam. Militem se nullum unquam conscripsisse, nec un de conscriberet habuisse. Essexium et Barclaium, Hiberniae Proreges, se magnis encomiis ornasse, tanquam de publico optime meritum, pacem colen do et seditiosos in officio continendo.* Haec et id genus plura captivus. Quibus insuper habitis, a xii viris renunciatus est Reus. (618) Die vero xv licet ostenderet Testes suos Coventriam pervenisse (quae civitas lx~ tan tum Passuum millibus Londino distat) jntraque biduum adesse posse, tantula tamen ampliatio negata, sententia in eum et Fitzharrisium simullata est: uterque consueto Perduellium supplicio plectatur ob majestatis crimen uni vere, alteri falso affictum. Constans fama est hunc beatae memoriae virum non ali am ob causam morte affectum, quam ut mitius ferrent Factiosi Fitzharrisii mortem.:!: Ubi a carcere ad patibulum raptarentur, apparuit in ipsorum vultu causae disparitas; nam vitae caelestis spes illis facta Christi verbis, qui propter ] ustitiam patiuntur totum, quantum erat, Olivarii cor occupans,

*

In a letter to Card. Barberini of 18 June 1670, shortly after his arrival in Ireland, Plunkett states that the four principal members of the Viceregal court at Dublin were crypto-Catholics (P.R.O., 31/9/125). It is open to doubt whether the attitude of the English authorities to Plunkett was really sincere at the time, or whether they were using his irenic temperament and his dislike of political extremism in order to divide the Catholics amongst themselves. The quarrels between Plunkett and Talbot over the Primacy were certainly welcomed at the Castle. ~ Coventry is in fact 90! miles from London . :!: The trial of Plunkett was also a very necessary step in the Whig preparations for an impeachment of Ormonde.


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gaudio repleverat, indeque in oculos totumque vultum sese efiuderat, iliumque hilaritate singulari repleverat; alter, contracto maestitia vultu, oculis hUrrll dejectis, facie tota desperationem praeferente, viva erat viri per mortem infam~m ad aeternas miserias transeuntis imago. (619) ORATIO PLUNKETTI. Olivarius primus Carrucam conscendit; un de in haec verba populum allocutus est [see translation]. (625) Fitzharrisius subinde Carrucam conscendit, tam Majestatis Reus (ob libellos famosos in Carolum) quam alter immunis. Is Ministellis, implorata in eo articulo ope, paucis agnovit, eorum se reum quorum fuerat accusatus. Criminum suorum at que complicum pleniorem noticiam habere cupientes ad scripta remisit, quae Ministello prius tradiderat. Quibus auditis, Vicecomes, qui aderat, veritus ne quid in iis contineretur, quod aut sibi aut amicis, novarum rerum studiosis, fraudi esset, ea petiit sibi tradi, cui ratione officii sui deberentur. Sed id vitavit Ministellus, dicendo ilia pridem cui dam Magnati tradita. De Religione interrogatus, ait Ministellum de ea responsurum. (626) Subducta deinde carruca, pependit uterque, alter grata Deo Caelitibusque victima, quorum numerum aux~sse etiam a Protestantibus affirmatum. Eorum cadavera, exustis visceribus, in quatuor partes sect a, sepelienda superstitibus amicis relicta sunt. ~ (627) Plunkettorum, antiquum et nobile in Hibernia nomen: Illustrissimus Dominus Olivarius, Doctrina excellenti, singulare Pietate, Primatiali, id est, maxima Dignitate Ecc1esiastica in eo Regno, sed potissimum preciosa in conspectu Domini Morte reddidit iliustrissimum. In Collegio suae gentis in Urbe educatus, eos in altioribus studiis progressus fecit, ut Sacrae Theologiae tradendae in Collegio de Propaganda fide commendata fuerit ei Provincia; in quo suam Sacrae Congregationi Collegio illi praepositae ita probavit et Capacitatem et industriam, ut vacanti Armachanae sedi datus fuerit Archiepiscopus. Ubi dum boni Pastoris officio strenue fungitur, lupos ab Ovili Dominico arcet, inquietos compescit, in discolos aliquot Religiosos, quibus mitiora remedia nihil profuerant, ex Canonum ligore animadvertit, earn conflavit Invidiam, cui (accedente Fidei odio) impar fuit in Anglia.

*

*

Cf. letter of John Ellis, 2 July 1681: rt Plunkett and Fitzharris suffered yesterday, the former as a man prepared, and the latter as a man surprized " (H.M.C., Ormonde, N.S., vi, 90). ~ Plunkett's body was buried ~t St. Giles's-in-the-Fields. the burialplace of Coleman. Pickering and the five Jesuit martyrs. It was disinterred in 1683 by Fr. Bennet Lowicke de Humili Visitatione. Fr. Maurus Corker took the body to Lambspring: Lowicke received a leg, and the Benedictine nuns at Lark:6.elds an arm (Weldon MS. Collections, vol. i. f. 514; Allanson MS. Biographies O.S.B., f. 614). For the present whereabouts of his relics see Carom, Forgotten Shrines, p. 366. Concerning the grave cf. also Dom. Hugh Bowler, O.S.B., Bi. Thomas Pickering (Downside Review. July 1940).


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(628) Eundem Carc-[j. 139]erem subiit Londini, quem incoluerat Thomas Harcottus S.J. Provincialis, idem cubiculum sortitus est; quem, ubi multa ejus pia exercitia, quibus ad mortem se paraverat, didicit, coluit singulari piae devotionis affectu. Cumque audisset a Carolo permissum iri, corpus ipsius sepeiiretur, impense rogavit eos, quibus id curae fore sciebat, ad dicti Patris B.M. pedes inhumari. Nec a desiderio suo fraudatus est, istis non ausis ultimam Sancti Prelati voluntatem et veluti Testamentum violare. Testes, qui eum accusarant, in Hiberniam remissi, ibi scelerum paenas luerunt, ultimo supplicio affecti. (629) Paulo post in lucem emissum + Fitzharrisii scriptum Ministello traditum.* + In eo accusati de libello famoso omnium teterrimo Howardus Baro Escrickius, de Subornatione Vice Comites Londinenses (unde patuit non sine causa, hos de eo fuisse solicit os) ; alia gravis simi momenti, quae non Eboracensem aut Reginam, verum etiam Carolum rect a tangerent, quem ferebant factiosi Libertati et Religioni ipso Eboracensi magis timendum. (630) SHAFTESBURIUS ALIIQUE CAPIUNTUR. Fitzharrisii + Conjux+ et Ancilla Jurejurando confirmarunt quae in Escrickium dicta erant. }~inc primum Escrickius, deinde Shaftesburius~ in Turrim Londinensem conjecti; et invtena in eorum Scriniis scripta ad Sacratius Consilium elata. Carceribus item mancipati Rousius, Haines, Whitus, et Collegius, qui nomine ab Arte quam profitebatur et Zelo contra Papismum confiato, dictus est Scriniarius Protestans. Obscura nomina quidem, sed quibus nec ingenium deerat nec industria, supererat vero audacia; unde fuit (mirum dictu !) in ilIa populi faece, quod Potentem Regem percelleret. (631) ASSOCIATIO. In Shaftesburii scriniis inventum scriptum, cui titulus, Associatio,~ non solo nomine, sed et re ipsa totoque sensu cum Associatione a Ligistis Gallicis inita conveniens, ut minime dubium sit, iIlius Idaeam inde desumptam, sed multum in deterius mutatam, quatenus Galli tectius, isti apertius Obedientiae Jugum excutiant. Quod patebit ei, qui hanc cum altera a Mainburgoยง edita contulerit. Ejus haec sunt verba [see translation]. (638) Haec illa Associatio; quae faedus est offensivum et Defensivum, non tantum inscio Carolo, sed et invito, refragantibus insuper Proceribus Superioris Conclavis, initum. Quod ipsum

* Wing F . 1094. ~

2 July 1681. Cf. T he Paper which was seized in the E . of Shajtesbury's Closet . . . London 1681 iBlack-letterJ (B.M., 816, m .2 (31) ) and T he Two Associations . ~

One Subscribed by CL VI Members of the House oj Commons in the year 1643 . The other seized in the closet of the E arl of Shajtesbury . . . 168 1 (B.M., T.l * (76)). ยง I .e. Louis Maimbourg (ohm S.J .), Histoire de la Ligue (1683), trans . J ohn Dryden (1684) (Wing' M. 292).


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Majestatis crimen indubie est, cum Jure tum Divino tum Humano Rex totius Rei Publicae caput sit, quocum subditi omnes uniri debent, et per eum inter se; qui optimum, imo et unicum est unitatis in statu civili centrum, ut Episcopus in Ecclesiastico; quare novam unionem instituere, ipso excluso perinde est, ac caput a corpore revellere, caput abdicare, lacerare Monarchiae corpus, et aliud constituere, legibus ignotum, Regimini Monarchico plane contrarium. (639) Praefatio, quanta est, nihil veri continet, sed solum fabulas a Tongo male consutas, ab Gate perjuriis confirmatas, quarum falsitas cunctis patebat, antequam prima Faederis stamina texerentur. Maligne dicunt prorogata aut soluta Comitia, in Papistarum favorem; alia et vera causa in oculos incurrit legentibus eorum ,Acta. (640) Primus Articulus Majestatis crimen continet, cum in eo vovent se Papist as eorumque fautores, nemine excepto, impugnare, cum Eboracensis Papista, Carolus Papistarum fautor audiret . Utrique proinde bellum indicunt, imo et Religioni Protestanticae, quam Papismi superstitionisque accusant, ut alibi dictum. (641) Idem de Secundo articulo, quo spondent se Potentjam J uraque Parlamentorum defendere. Dicis [1. 141J causa, ad fucum in hominibus minime malis faciendum, Caroli securitas addita. Cui quam sincere studerent, patet, quod se armatos esse velint, ipsum vero plane inermem, discinctis ejus satellitibus. (642) Tertius articulus in Majestatis crimen incurrit, tum Eboracensis abdicatione, tum intentata cunctis indiscriminatim ejus jus ad Regnum agnoscentibus (quorum caput Carolus erat) morte. (643) Prava consilia apertius prodit articulus quartus, quo sine ambagibus extrema denuntiant omnibus, qui huic faederi sese opposuerint, nee Carolo quidem excepto. (644) Ulterius progrediuntur in quinto, quo supremam Potestatem Imperiumque a Carolo, velut abdicato, in comitia transferunt aut horum partem seditiosam, huic soli addict a fide promptaque Gbedientia. (645) Confirmantur execranda studia in sexto, dum spondent nunquam se huic faederi renunciaturos, iisque qui resipuerint et ad officium in Regem redierint , velut publicis Hostibus extrema minantur. (646) Etiam in VII dum seipsos decretis in Publicos Hostes suppliciis devovent, casu quo faederi renuncient. (647) Constat igitur hac Associatione non Eboracensem tantum sed etiam Carolum reipsa abdicari, Monarchiam everti, Aristocratiam institui, adeoque totum Regimen praesens, alio substituto, dissolvi. Hoc est, Associatos vere facere, quae Catholicis falso et per calumniam objecerant.


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(648) LEGES PAENALES IN ANGLIA CONTRA DISCORDES A RELIGIONE PUBLICA. Carolus, qui pridem sciebat magnum istos monstrum alere in Regni perniciem, cum, hoc reperto scripto, non jam Rebe11ionem designari, sed quasi geri vidit, de remedio serio cogitat, nec aliud praesentius occurrit, quam accurata Legum in Discolos, Religionis praetextu, et inquietos latarum executio. Colorem optimum dabant ipsi factiosi, qui odiose nimiam in Catholicos culpabant ejus Indulgentiam; in quorum, ut pote optime de se deque Patre suo meritorum gratiam, legum severitatem aut in partem minuerat, aut in totum suspenderat, sive ex benevolentia in eos, sive ex naturae lenitate, violentiam omnem detestantis, quae gravia essent pati quam facere malentis. Cum ergo tragice declamarent in hanc optimi Principis Indulgentiam factiosi, nonnu11i negarent id esse in Caroli Potestate, statuit rigido jure in eos agere, qui Juris rigorem optabant, licet nihil minus ipsis quam Catholicis usui esset ea Regis Indulgentia, quod etiam in P}esbiterianos leges aliquas tulerit Elizabetha. Haec enim initio cum solum a Catholicis timeret, quibus sua natalia probari non posse satis constabat, graves, acerbas, crudeles leges in eos fixit. lis Majestatis crimine teneri cernitur, qui sacerdotio initiatus est; item qui sacerdotem hospitio exceperit, qui hereticorum sacris relictis Ecclesiae Catholicae fidem amplectatur, quive ut earn profiteatur alicui Author fuerint; item qui secundo Sacrum audierit. Graves insuper paenas statuunt in eos, qui liberos ad Seminaria transmarina educandos transmitterent, aut ipsa seminaria juvarent. Hinc quod de Draconis oHm legibus dictum, de his dici posse videtur, sanguine scriptas esse. (649) Tametsi vero ab initio et extiterint Presbiteriani, et Protestantibus gravia negocia fecessiverint, conventiculis ubique celebratis Ecclesiam Protestanticam distrahendo, homines ab eorum sacris revocando, altaria contra altaria erigendo, Calvino primum, deinde Beza instigante, tutos tamen praestabat et nomen quod retinebant Protestantium, et singularis in Papistas zelus, et aliquorum cum in Aula potentium tum in Dignitate Ecclesiastica constitutorum favor (constat aliquos PseudoEpiscopos iis favisse). At ubi Catholicorum insectatione grande sibi nomen fecissent, et Protestantibus tantum non pares evasissent, quorum qualem qualem Hierarchiam subruere moliti sunt, civili magistratui non parcentes, nec summo quidem (eorum unus Rex haberi voluit; varii negarunt u11am Elizabethae deberi obedientiam; un us stricto gladio domo, ubi concionatorem audierat, erumpens, obvios quosque trucidare conatus est). Sic neglecta scintilla mag- rio 142Jnum minabatur incendium nisi Elizabetha, virilis animae faemina, (in qua praeter Orthodoxarn fidem + et melius Jus ad Regnum + nihil desideres), propere occurrisset cum aliquorum supplicio, tum Legibus contra conventicula latis, gravi iis indict a paena, qui Parochialibus Ecclesiis abstinerent quocumque titulo.


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(650) Legum istarum vigore conventicula eatenus neglect a , seditionum vera seminaria, claudere statuit Carolus. Conclave Inferius crucem Factioni statui probe sciens, sciverat in Protestanticae causae ruin am tendere, qui in veras Protestantes (ita secum sentientes appellabant) legum paenas extenderent. Cum tamen id neque Carolo nec alteri Conclavi probari potuisset, quo scitum suum ipsis i:nvitis obtineret, dogmata cuderunt, et variis libellis in vulgus spargi curarunt, nova inaudita, supremis juxta mediisque potestatibus perniciosa, cum quolibet Regimine incompatibilia; qualia quae sequuntur: (651) PERNICIOSA DOGMATA EORUMQUE BREVIS CONFUTATIO. I. Summam Potestatem in Reges a Plebe manasse, ita tamen, ut in ista radicaliter etiamnum inhaereat. II. Reges Plebis famulos esse; cui sui regiII;linis rationem reddere tenentur ubi ea repetitur. III. Parlamenta cons tare tribus statibus, sive triplici hominum genere: Rege, nimirum, Nobilibus, et Plebeis, quorum duo primi Conclave Superius, reliqui Inferius confiant. IV. Conclave inferius Plebem repraesentare. V. Conclavis Inferioris decreta et Plebem et Conclave Superius et ipsum Regem obligare; sicut in Romana Republica Plebiscita non Plebem tantum, verum etiam consules, senatum, Dictatores, et Reges obstringebant. VI. Nemini fraudi esse debere, quod ejus Conclavis decretis paruerit; qui parere noluerint, Paenae Reos esse, &c. (652) Haec et id genus alia magna audacia sparsa, Lestrangii aliorumque provocarunt industriam ut gliscenti veneno pararent Antidotum *; quae res non adeo difficilis, in tam aperta improbitate et falsitate. Quod enimvero primo dicitur, summam Potestatem a Plebe in Principes translatam, ipsi Dei verbo contrarium est; siquidem (Prov. viii, 16) dicitur: "Per me Reges regnant +et legum condit ores justa decernunt." + Alibi (Rom. xiii) Reges dicuntur a Deo suam Potestatem habere, Dei Ministros esse, a Deo gladium accepisse. Constat in lege naturae, ad Diluvium usque Patres familias in liberos, Primogenitos in Fratres, summam habuisse Potestatem (quod Chaini Fratricidium non excusat, cum uterque sub Imperio Adami superstitis esset). Jus Gladii, sive vitae et necis, princeps summi Imperii pars est; illud autem nascendi sorte (quae tota a Deo pendet) collatum agnovit etiam Jus Romanum X tabularum, stabilita Aeternae urbis Politia, in Patribus erga Liberos, quos aut exponebant aut alebant pro libitu. (Unde data Poetis comicis occasio liberos a Parentibus primum expositos, postea repertos, et agnitos fingendi.) Nec in Infantes tantum, aut impuberes dabatur ea Potestas; adultos etiam complectabatur, idque ad Ciceronis usque tempora; cum Fulvium ex fuga retractum, conjurationis Catilinariae compertum, Pater indicta causa necari jusserit. De Summo Jure Paterno multum Jure detractum postea, ut necesse habuerint contumaces filios Judici ofierre, qui ut plurimum ex eorum praescripta paenas

* In Dissenters' Sayings, 1681.

D


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infligebant. Haec prima maximeque naturalis Summae Potestatis Institutio, a solo Deo pendens, hominis Imperandi Potestate, et Parendi Lege inter se connectente; in qua certum Plebis nullas esse partes; adeoque falsissimum est a Plebe manasse summam Potestatem. (653) Nec magis obscura Divinae Providentiae vestigia in Imperiorum translatione, tametsi nostri Instituti non sit id operosius exponere: qua ratione plures familiae in unum corpus co alescant, quod civitas dicitur; quave auctoritate leges condant (quam Deus a se profectam asserit, Provo VIII, supra laudatis verbis); nec obstat L. sed et quod Principi plac~tit, Inst. de Jure Naturali &c, quae non agit de Jure primaevo leges ferendi, sed de ejus ab una ad ali am Personam Translatione. (654) Secundum, Reges nempe Plebis famulos esse, non impium modo (utpote expresso Dei verbo contrarium, cum Apostolus diserte Dei Ministros esse pronunciet) aut seditiosum; sed et stolidum est atque communi hominum sensui contrarium. Quid enim magis insulsum quam Imis Summa substerni, caput subesse pedibus, subjici qui praeest, parere qui imperat? Nec ullum ex tota Antiquitate dabitur exemplum Rationis a Regibus repetitae suae administrationis, [j. 143J nisi forte Caroli I, a Rebellibus subditis in Jus vocati, cui unicum crimen, si tamen crimen dici debeat, vere objici potest, nimia lenitas in Factiosos. Verum audax facinus, totius Orbis detestatione patratum, in exemplum trahi non potest. Nec ad rem erunt exempla, si quae sint, Laconum, cum Imperii summa inter eos penes Reges non esset, sicuti nec modo est inter Polonos. Unde detestandi Judicii in Carolum instituti Praeses, cum nullum fassus esset se sequi exemplum, aliis exemplum quod sequantur se statuere affirmavit. (655) Tertium, quod Rex unus sit e tribus statibus, perinde ac alia novum est et hactenus inauditum, si quidem omnium judicio tres Status sunt, Ecclesiastici, Nobiles, et Plebei; quibus omnibus Rex, ut caput membris, praesidet. Horum est de rebus propositis deliberare; ubi consentiunt, easdem exhibere Regi, petitum ejus Approbationem; quam ipse, praemissa cum Sacratiori Consilio, si placuerit, deliberatione, vel negat vel dat pro libitu. Caeterum ista dogmata Regi ereptum ibant istam Potestatem, ad Regendum plane necessariam. Ubi enim Rex, e throno detractus, in idem cum aliis subsellium unam societatem redactus fuisset, consequens erat, ali is consentientibus nihil negare posse, res cunctas ad suffragiorum pluralitatem decidendas esse . unum e tribus statibus reliquis concordibus cedere debere.

*

*

Contrast Fr. Parsons' Treatise tending to Mitigation (1607), p. 67Parsons is quoting and commenting on Stapleton: "Multitudes of people are not made (by God) for Princes sakes, but Princes are created for the commodity or good of the people: and what is there in this sentence justly to be reprehended? Is not this evident by divine and humane law, and by the very light of Nature itself .... ?" Such contrasts should indicate the futility of any generalized discussions of ' Jesuit' political theory.


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Eadem machina ali am ejus potestatem evertebant, Parlamenta prorogandi aut dissolvendi. (656) Quartum, conclave in/erius Plebem repraesentare, Conclavi Superiori juxta ac Carolo injurium erat, cum utrumque illius scitis subjiciat. Si enim summa Potestas in Plebe, etiam creato Rege, resideat, et earn ista in Deputatos suos totam quanta est transferat, sequitur illam pro tempore in illis solis residere. Unde sequitur in Proceribus nullam dari Potestatem, qui a nemine deputantur; quorum quisque suo unius nomine loquitur, pro se uno suffragia confert. A Rege quidem accersitur quisque, idque ad consultandum de urgentibus Regni negociis. Sed inde praecise non majorem quisque adipiscitur authoritatem, quam si extra Parlamentum solitarius consuleretur, a nullo deputatus. Adeoque eorum suffragia cum aliis, Plebis, id est supremae Potestatis, vice fungentibus, collata, flocci pendenda essent. Caeterum non solum illa suprema Plebis Auctoritas, ut vidimus, sed etiam illa totius Plebis Repraesentatio, et ab ea tota Deputatio, plane chymerica est. A Rege nempe pendet non solum Conclave Superius, quod dictum in apparatu, sed etiam Inferius, licet modo diverso. Idem quippe Rex, qui Personam ali quam creando Regni Parem, jus confert ei ejusque haeredibus masculis in Parlamenti Conclave Superius intrandi, quoties convocatur, quibusdam urbibus aut oppidis jus concedit, aliquos deputandi, qui in Conclave Inferius intrent. Quod adeo pendet e voluntate Regis, nulla Locorum ratione habita, ut aliquibus oppidis competat, in quibus vix decem familiae numerentur, aliquibus magnis civitatibus non competat. Qualis Eliensis, sedes Metropolitica magnae Diaecesis, populo plena; tres item Walliae Metropoles neminem destinant ad Parlamenta; nec eorum cives ab alio oppido pendent, aut unquam pependerunt, jus deputandi habente, +nec Juri suo in aliorum favorem cesserunt unquam.+ Unde nihil mirum, si alia oppida admodum frequentia jure illo careant. Hinc typis vulgatum a rerum istarum Peritis, vix decimam Plebis part em ullum ad Parlamenta deputare, in eis ab ullo repraesentari. Preterea Provinciae quaedam duos, unum tantum aliae deputant. Cur ita? quia Regibus ita visum; quod sola, et vera hujus diversitatis causa. Quare totum Parlamentum, quantum quantum est, a Rege creatur; Conclave Superius, Jure a Rege aliquibus familiis dato; Inferius, jure ab eodem aliquibus oppidis concesso; Juris utriusque fonte, solo Rege. (657) Hinc concidunt quintum et sextum dogmata, asserentia parendum esse Conclavis Inferioris decretis, etiamsi nec alterius Conclavis concessus nec Regis approbatio accesserit. Utrumque enim ilIa fictitia Plebis Repraesentatione nititur. Enim vero numquam in Anglia auditum aut un ius Conclavis, aut utriusque simul, valere Decreta, necdum a Rege Rata habita, nisi ex RebelHum ore. Cum enim Bello Civili Parlamenti faex Londini incubans, excusso Obedientiae jugo, Tyrannidem invasisset, decretum condi-


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dit, quo valere jussit [f. 144] Parlamenti Scita, non obtento Regis consensu, silentibus inter arma legibus contrariis; sed coacta illicitis armis obedientia certo Jure nihil detrahit; cui, reverso Rege, rediit Reverentia, ut Parlamenti +totius decreta, + nisi Regi probentur, faetus abortivi censerentur. Hinc cum Carolus legum adversus segreges conventicula frequent antes executionem urgeret, paruerunt Regii Ministri fere omnes, aliis frustra decretum Conclavis Inferioris obtendentibus, metum rationis olim Parlamento reddendae +intentantibus. Tandem ubi+ ipsius Lenitate abuti videret Factiosos. Severitatem in aliquos uti statuit. (658) ACTIO IN COLLEGIUM. Actionem ergo institui curavit in Collegium, qui Scriniarius Protestans dictus est. Dicam in eum scriptam Juratis Majoribus Londini probare non potuerunt tres Testes contestes, quorum unus e Parlamento, alii Dugdallus et Smithaeus, magna inter Regios testes nomina. Indignati Boni Reum non supplicio tantum, verum etiam judicio subduci. (659) Carolus et Reum et causam Oxonium, ubi pleraque peccarat, transferri curavit; ubi probata Dica, lite rite contestata,~ a xii viris Majestatis damnatus, extremo Perduellium supplicio affectus est, frustra clamitans et pro tribunali et prope Patibulum impactam sibi Papist arum opere Dicam, hos vires suas in se primum experiri, in reliquos deinceps veros Protestantes sensim grassaturos. De sua Innocentia dubium esse non posse, quod vere Protestanticam fidem profiteretur, quae docet, Principibus obediendum, Perduellionem improbandam. Adfuit illi causam agenti Oates, et deposita larva, qualem in Carolum animum gereret, aperuit , ea pro causa debachatus in Testes, xii viros, Procuratores Regios, at que Judices ipsos, ut mirarentur omnes jmpune tulisse. Rescitum postea, volentes eum in Jus vocare Procuratores Regios Carolo imperio retentos, crabrones nimium irritare nolentis; qui satis habuit ilium Aula excludere, unde ad suos intra civitatem Amicos se recepit. (660) ACTIO IN SHAFTESBURIUM REJECTA. Instruebatur interea in Shaftesburium captivum Actio. Dicam in eum scriptam, multis testibus fide dignis confirmatam, exhibitam, Jurati Majores Londini rejecerunt,* facti ex Judicibus Rei Patroni atque Compurgatores. Producta Associatio, de qua supra, in ejus scrinio reperta; earn dixerunt isti ab aljquo Papista illic depositam. Auditi Testes, qui deposuerunt eum voluisse Carolum in potestatem suam redigere, Monarchiam evertere, Regimen dissolvere, Democratiam inducere, &c. His ullam fidem habendam negarunt, quod essent Hiberni magna ex parte. Haec magno coronae

*

*

I.e. "The Protestant Joiner." He was' ignoramused ' in Middlesex on 8 July 1681. Cf. The Arraignment, Tryal and Condemnation of Stephen Colledge for High Treason . .. London 1681 (Wing A. 3761). ,17th and 18th August 1681. :I: 24 November 1681.


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plausu excepta; ea vis exinde illata, ea verbera testibus infiicta, ut in de suis pedibus nunquam recessisent, nisi Vice-Comites Londinenses armatis viris septos educi cur assent e civitate. Nocte sequenti tota civitate excitati ignes festivi, campanae pulsatae, alia publica Laetitiae signa edita, quae nobilissima parta victoria edi so lent. Interrogati privatim aliqui e Juratis eorumve intimis amicis, quo colore talis Actio rejecta fuit, responderunt, Juratis statutum, nullum crimen in vero Protestante agnoscere, nullum non agnoscere in Papista. Aliam solita solertia causam aperuit Lestrangius, Majestatis Reum non esse, quisquis in Plebis perniciem non conjurasset, quod summum Imperium penes plebem esset; adeoque Majestatis immunes esse, qui in Carolum conjurarent. Paulo post, datis vadibus id publicae Paci fraudi non futurum, Shaftesburius libertati restitutus est. (661) In Rousium it idem captivum Dica Juratis ibidem exhibita ab his cum sibilo rejecta fuit. Cumque hac ratione Judices solis bonis crucem , malls impunitatem, paratam viderent, statuerunt in Juratos Majores inquirere, ut qui ex iis essent Partibus addicti, amoverentur; quod et naturae consentaneum, Judices requirenti quantum fieri potest omni affectu liberos, et Juri Anglicano, ab Henrico VIII anna Regni tertio lata lege. Et vero cum Monumethae causam diceret P. Ludovici, de quo supra, multi e Juratis Judicis jussu expuncti. Et Staffordiae Scroggius unum non expungi tantum, verum etiam carceri mancipari [f. 145J jusserat. Hoc ergo Jure judices, dum alia esset causa proposita: duos e Juratis amoveri jusserunt, et parere nolentes Vice-Comites CC scutis mulctari. Consilium Civicum ViceComitum causam in se suscepit, suis expensis gerendam. Mulctam non solvendam, Vice-Comites suo tantum Jure usos, nemini fecisse injuriam. (662) ACTIO IN LONDINI PRIVILEGIA. Hinc injecta Regiis ministris necessitas, si salvam vellent Rempublicam, Jus dicere, in ips am civitatem agere, et in amplissimae civitatis nobilissima Privilegia inquirere, quo Warranto, sive quo Jure, illa obtinerent> quibus in Regni pernitiem abutebantur. Ista lis hoc tempore inchoata aliquot annos tenuit; exitum infra dabimus. (663) SCOTIA PACATISSIMA. Dum cum cervicosa factione altercantur Ministri Regii, Scotiam, quae credebatur magis factioni obnoxia, pacatissimam habuit Eboracensis, ei pro Regis authoritate Commissarii nomine Praefectus: imo cum Carolo certantem officiis. Indicta illic Caroll jussu in diem xxviii Julii comitia; i11is praelecta Caroli Epistola, convocationis causam exponente, de iis deliberatum, quae e Re Publica viderentur; se Benevolentiae suae Pignus fratrem suum unicum eo misisse, &c. Eboracensis dixit se maximi facere honorem sibi a Rege delatum, quando ab eo missus est ad antiquum illud suum Regnum; datam sibi inde occasionem et Carolo inserviendi et ani mum osten-

*

* 19 October 1681.


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dendi in Scotiae bonum propensum. CaroH nomine spopolldit salvam fore Religionem Protestanticam Jure firma tam, ejusque Regimen per Archiepiscopos et Episcopos; item illibata subditorum Jura. Sperare vicissim Regia Jura illis sacrosancta fore, nec eos quid mutatum ire in Jure successionis &c. Senatores. gratiis et Carolo et Eboracensi actis, ad publica negocia conversi, ut ilEus Imperio, hujus justissimis votis responderent, e vestigio decreverunt unanimes Scotiae Regnum ab initio fuisse, esse, semperque fore haereditarium; nullam Religionis diversitatem obstare, quorninus Regi proximus sanguine sit ejus haeres, aut eo mortuo Regnum capessat; "qui dicto, scripto, vel facto , successionem mutare, intervertere, aut suspendere conatur, Majestatis Reus censetor et ut talis plectitor." Hoc decreto timidiores facti etiam in Anglia Factiosi, extinct a suppetiarum, quas certo sibi spoponderant e Scotia, spe. (664) Formatum exinde Juramentum, quo veluti criterio Fidi Regi ab aliis secernerentur. ab iis emittendum, qui officium vel sacrum vel civile adirent, iis item, qui in Universitatibus gradum obtinerent. Huic contentiose refragati ministellorum non pauci et aliqui e Laicis, prae aliis Archibaldus Campbellus, Argiliae Comes, vir supra modum ferox et turbidi ingenii. Unde custodiae traditus et Majestatis damnatus; sed effracto carcere supplicium evasit ad tempus; qui dissimulata persona per Angliam in Hollandiam concessit; unde post quadriennium in Scotiam reversus, debitas luit paenas seditionis.* Saevitum ulterius a Cornitiis in ejus Insignia, quae carnificis manu lacerari jussa sunt, et in bona, quae jussit in fiscum redigi. Cui sententiae parti Carolus moderationem adhibuit, jubens quantum satis esset publicari ad nomina expungenda; reliqua haeredibus servari. Ejusdem furfuris alii capitis damnati, plexi sunt, quibus vita oblata, modo dicere vellent: Vivat Rex; sed frustra, cum ipsa morte graviora essent illa duo verba. In Angliam redeamus. (665) ACTIO IN MILONEM STAPLETONUM. Eodem mense J ulii, die xviii Actio in Milonem Stapletonum Baronettum, Thomae Gasconii cognatum instituta. Eadem crimina Majestatis ei objecta, quae reliquis Catholicis: Carolum trucidare volu¡sse . Regimen evertere, Papismum inducere, &c. Testes in eum dati Ioannes Srnithaeus (qui ea tantum dixit, quae Romae et Parisiis de Conjuratione [f. 146J audierat, nihil vero quod captivum afficeret), Bolronus et Mowbraius, qui eadem huic objicerunt, quae pridem Gascono: convenisse nirnirum hunc domi suae, illic institutam deliberationem de rebus objectis; de suo octingenta scuta Caroli Percussori addixisse, &c. Profuit ipsi, quod Gasconio, probare testes vindictae desiderio eum accusasse, non veritatis, Justitiae, Pacis Publicae studio. Item eos initio diserte negasse se quicquam de Stapletonio scire, quod ipsi fraudi esse posset. Unde Vindiciae secundum innocentiam datae a xii viris.

* See M. V. Hay, The Enigma of James II,

1938, pp. 29-33.


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(666) Notatu non indignum in hac actione videtur, [quod] cum citarentur ex ordine viri in xii viros eligendi, Reum adversus aliquos excepisse; adversus alios, Actor et Judex; et utriusque admissa exceptio, licet id his jure licere negarent Factiosi Londini. * Actor unum rejecit, quod in Regiorum Testium opprobrium horum nomina canibus suis imposuisset. ~ (667) ACTIO IN GEORGIUM BUSBAEUM S.J. ~ Ejusdem mensis J ulii die xxv de vita dimicavit Georgius Busbaeus Societatis Jesu , sacerdotii tantum arcessitus. Is captus fuerat in aedibus Powtrelli, mariti neptis ipsius, adulta Persecutione, a Gilberto Eirenarcha, incitante ad id Anchiatello Grayo,ยง ex nobilissima quidem familia, sed impari fortuna, utpote non Primogenitus, qui Powtrelli orphani et minorennis tutelam ambierat. Gilbertus antea Powtrello favens, Amicitiae ne sibi fraudi esset, renunciarat, hostemque indicitat Busbaeo iniquus, spe premii quadringentorum scutorum, iis addicti, qui J esuitam intercepissent. Testes in eum dati Powtrelli Hortulanus + (qui quoties in Busbaei captivi conspectum veniebat, copiosum e naribus sanguinem emittebat) + et una alterave femella; qui captivum sacra fecisse ritu Catholico, Paenitentiae et Eucharistiae Sacramenta ministrasse, testati sunt. Licet autem isti a Captivo de variis interrogati sibimet adversarentur suaque dicta destruerent, cum Judicis parum aequi in Captivum indignatione, tamen a xii viris Vindiciae secundum Accusationem datae, et mortis sententia in eum lata; quam renidente vultu, gaudium internum testante, excepit, et Gratiis Judici Actis, Te Deum Laudamus recitavit. Suspensum a judice supplicium* ad tempus indeterminatum, magno Catholicorum in vicinia degentium bono, quos custodis carceris indulgentia subinde invisebat, et sacro verbo Dei pabulo, atque Sacramentis Divinis reficiebat. Tandem Jacobo coronam adepto, datis xii. millium scutorum vadibus,

*

*

Sir Miles Stapleton had been brought up for trial with Thwing and Pressicks, but the jurors in attendance had been exhausted by challenges from both sides, so Stapleton remained in custody until the next assizes, 18th July 168l. ~ The man had called his dogs Oates and Bedlow. ~ See The Tryal and Condemnation ojGeorge Busby.jor High-Treason . .. As it was faithfully taken, by a Person of Quality. London 1681; and Foley, v, 500 sq. ยง Anchitell Grey, M.P., author of Grey's Debates. He was related by marriage to the Aston family (D.N.B). Information against Busby, several other priests, and John and William Powtrell, was laid by Dr. Richard Needham, a physician, on 7 February 1679. Needham added further information on 12 February, 14 March and 30 April of the same year (C.S.P.D., 1679-80, pp. 75, 80, 81, 102, and H.M.C. 13 Rep. App., VI, pp. 145-7). Curiously enough Busby cited Needham as a witness for the defence at his trial. Gilbert, accompanied by Grey, acting on an anonymous information, searched Powtrell's house on 17 March 1681, and after two days located Busby in hiding (L. J ., xiii, 755 sq.). Baron Street announced Busby's reprieve before actually passing sentence of execution.

**


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carcere exiit, cum onere proximo J udicum consessui se sistendi; a quibus plenae libertati restitutus est, ea lege ut intra sex menses solum verteret. Dum ista scribo Rectoris Tyrocinii Socium agit Watt en is in Belgio. (668) N OVA CATHOLICORUM ACCUSATIO VOLUISSE CLASSEM COMBURERE.' Nova, exolescentibus aliis, acta in Catholicos accusatio, Classem Regiam igne consumere voluisse. Et designati invidiosissimi facti Dux faemina, Cellaria. Edita statim N arrativa haec continens, et insuper Papistas statuisse Shaftesburium occidere, Authore alio carcerum Inquilina; cujus nomen non refero,:t nec pluribus fabulam confutatione dignam censeo, quam Plebs ipsa. Narratiuncularum ejusmodi satura, cum nausea rejecit. (669) Carolus, hoc anna adulto, commissariis a se nominatis potestatem fecit Ecc1esiastica Beneficia conferendi, quorum collatio vel Jure Patronatus vel alio justo titulo ad se pertinebat, pensata cujusque meritorum ratione; quo conscientiae consuleret apud Deum, famae apud proximum, amota Simoniae non re tantum, verum etiam omni suspicione. Inter multos Laicos, duo e Clero, Archiepiscopus Cantuariensis, et Episcopus Londinensis. (670) Apud bonos male jam audiebat ubi que Plebs Londinensis, ob prava studia; tamen frustra sperari videbatur alibi alta Pax, donec ista malo fermento turgeret, cujus exemplum motus alibi fovebat. Ministellus quidam inventus qui Parochianos suos die Dominica alloquens, pro themate sumpsit ilia verba, 1. Esdrae iv, 15: "Recenseas in libris hystoriarum Patrum tuorum, et invenies scriptum in Commentariis, et scies quoniam urbs ilia rebellis est, et nocens Regibus et Provinciis, et bella concitantur in illa ex diebus antiquis; quamobrem et civitas ipsa destructa est." Quae omnia Londino applicuit, addiditque eum Deo vindice flammis consumptam, ob crimina Majestatis et Divinae, Schismatum et Haeresum, et Humanae, Seditionum et Rebellionis in Carolum I. optimum Principem; eidem deteriora ominatus, ni tempestive resipiscat et ad officium redeat. (671) JOANNES MORUS PRAETOR LONDINI . Quo temporeยง fieri solet Electio Praetoris Londinensis, factiosi totis [J. 147J viribus ejus promotioni restiterunt, cui consueto ordine potissimae partes spectabant. Is erat J oannus Morus, Eques Auratus, magnum nomen, maximae apud probos cives auctoritatis. Vir gnavus, industrius, magni et invicti animi, Regi fidelissimus, Factioni infensus. Hujus electioni frustra refragati sunt novarum

*

* He died in 1695.

, Cj. C.S.P.D ., 1680-1, p. 77; H.M.C., Ormonde, N.S., v, 501-2, and Warner, supra (ยง 483). The repetition of the incident is clearly a slip made in revision. :I: I.e . William Lewis (cj. Wing L. 1851). ยง 29 September 1681.


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rerum studiosi, scientes id earn cum partium exitio connexam fore. (672) JOANNIS PAULI OLIVAE MORS. Locum in hac Anglicanae Persecutionis hyst~ria meretur Joannis Paulus Oliva, cum in ea quod ejus in Domino filii tam gravia passi sunt; tum quod una cum illis et ipse passus est, gravissimis calumniis impetitus a Tongo et Oate. Is exeunte hoc anno plenus dierum et meritorum vivere disiit in terris, aeternum, uti pie speramus, in caelis victurus. Genuae natus ex Illustrissima et Antiqua Olivarum gente, Societati Romae nomen dedit. Rector Tyrocinii ad S. Andraeae diu fuit; quo loco ita delectabatur, ut etiam factus Generalis illic hospitium retinuerit. Concionatorem Pontificem agens, eo Zelo pro domo Dei et morum emendatione dixit, ut nullius offens am veritus, nemini parceret in Deum offendenti , sine personarum acceptione, quod non omnibus gratum. Societatem summis difficultatibus vexatam, maximis tempestatibus + jactatam, + totos viginti annos ita rexit, ut immotam tenuerit. Humilitatis in ea Dignitate summae indicium, solitum fuisse ab obviis quibusque, quos privatim nactus erat, petere, ejus sibi aut crimina aut defectus aperirent; id facientes magno silentio et animi submissione audiebat, et spondebat emendationem. Decessit octogenario major; natus enim fuit saeculo xvi. Unde facete dicebat identidem, se non hujus saeculi virum esse. Plura dabit hystoria Societatis. Hic finis esto libri praesentis.


LIBER VI. MDCLXXXII . (673) ARGUMENTUM. Inundatio maxima in Belgio ejusque causae. MutHatur Eboracensis imago. Thomas Thin occiditur. Novae inde in Catholicos Accusationes. Carolus jubet Sacerdotes captivos in Insulas deportari; sed frustra. Causa inter Adamum Eliot et Oatem. Inquisitio in Catholicorum bona. Trimmers , novum genus hominum. Eboracensis in Angliam redit. Eligitur Carolus de Noyelle Societatis Jesu Praepositus Generalis. Gulielmus Bentnaeus captus, et ad mortem damnatus. Dicae in varios scriptae a Juratis Londinensibus rejectae. Tribula Protestantica. N ovi eliguntur Londini Vice-Comites, publici boni Amantes. Nova inde Shaftesburii factiosorumque studia: illius exilium et mors. Actiones in Pilkintonum et Wardum. De Incendio Londinensi, ejus Authoribus et Monumento. Legationes ad Carolum. (674) [J. 148J Vt serpens confractis baculo lumbis, motui impar, sanguinolentis oculis micat, linguam vibrat, capite toto minatur, nocendi tam impotens quam cupidus, exin in spiras corpus contrahit, caput defensurus, donec spiritu deficiente orbes evolvat; ita in Anglia Factio Presbiteriana, multis ab ea dilapsis, subsidentibus ejus viribus anna praeterito in cassum minas intentasse vidimus. Hoc vero videbimus ab inferenda aliis injuria, ad pro priam defensionem converti, tandem subsidere et paulatim extingui. (675) INUNDATIo. Contigit hujus anni initio maxima ab hominum memoria inundatio, quae totam Belgii maritimam oram affijxit. Rhenus, Mosa, Schaldis retro acti in vicinas sese planities effuderunt, obrutis non solum pagis multis, sed majoribus aliquot oppidis; nec immunes ipsae civitates majores. Creduntur Jugerum viii millia aquis sepulta, hominum xii millia periisse; mansuetorum animalium, aliorumque bonorum jacturam aestimari non posse. Rotendami in plataeis ad sex pedes aqua ascendisse fertur; Antwerpiae in ipsa majori Ecclesia ad quinque pedes. Ostendani fere de salute desperabant. In Hollandia varia oppida ita obruta, ut solae turres extarent, naves supra domorum tecta eminerent. Nec immunis ab hac peste Anglia, cujus partes occidentales tentavit, ubi littus humilius; verum non multum noxae intulit, cum ob rupes altiores maris fluctibus objectos, tum ob angustias freti Scotiam inter et Hiberniam interjecti, cum quod insulis fere illud claudentibus acquas prope modum arceret illud ingressuras. (Idem praestitere angustiae mare Codanum claudentes.) Hinc recto cursu in mare Germanicum effusae, donec iterum in angustias freti Caletani impingerent, a quibus repercussae, necessario in vadosam et humilem Belgii oram effusae strages illas ediderunt, quas littus orientale Angliae in-


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noxie spectavit, cum altiora littora et prominentia saxa una cum citatissimis ventis alia maris cursum dirigerent, et aquarum moles in adversum continentem evolverent. (676) Duae ejus mali feruntur causae: prima, maximus maris Aestus, quales in novi- et pleni-Iuniis exist ere solent; altera, ab Occidente flans vehementissimus ventus +(quales novi orbis incolae Huracanos vocant) + ex America in Septentrionalem Oceani Atlantici partem incumbens et aquarum montes per N orwegiae littora in mare Germanicum impellens. (677) MUTILATUR EBORACENSIS IMAGO. Subsidebant paulatim Factiosorum vires, populo sensim dilabente et ad officium redeunte; unde major aliorum rabies in Carolum, et Eboracensem, in hunc potissimum; quem cum nulla daretur manu prensare facultas, bilem in eum concept am in ipsius effigiem effuderunt. Pendebant in Aula majori Domus Civicae Londini duorum fratrum imagines affabre factae, statura humana majores. Ignoti aliqui eam quae Eboracensis erat faede mutilarunt. Tetrum facinus Joannem Morum Praetorem summo dolore affecit, qui cum Scabinis bis mille scuta addixit Facinoris Authorem +aut ejus complicem aliquem+ indicanti; quod adeo gratum Eboracensi fuit, ut e Scotia Londinum nobilem e domesticis suis destinavit, Praetori gratias acturum. Caeterum premium licet satis notabile neminem allexit, adeo concordes erant Factiosi. Ausi insuper dicere, id a Papista quopiam factum ad creandam veris Protestantibus Invidiam, aucta ludibrio Injuria. Hac data occasione observare libet, quam a communi hominum etiam haereseos veneno tactorum sensu aliena sunt eorum Dogmata. In sacris negant ullam esse honorem inter absolutum et relativum differentiam; asserunt inde reverentiam Christi D. Sanctorumve statuis aut imaginibus delatam vere Idololatricam esse, nec eos affici injuria, quando illae aut lacerantur aut igni traduntur. Eorum tamen nemo negat contra Rationis lumen Eboracensi, exposita ejus imagine, honorem delatum; ea mutiJata, probo affectum; honore utique proboque relativo. [f. 149] N ec enimvero credo eorum ullum Stoica 'A'7t'aOfq, spectaturum suam Patrisve aut Matris imaginem sputo lutove faedari, manibus lacerari, igne consumi, eo denique loco haberi, quo habent ipsi Christi D. Deiparaeque Virginis Imagines. Sed hystorium ago, non controvertistam. (678) THOMAS THIN OCCIDITUR. Aliud atrox facinus hujus anni initia faedavit. Quidam, nomine Thomas Thin, ex infimo nob ilium gradu, magnis opibus spectabilis (ad xl scutorum millia annue ascendere feruntur), inita cum Monmuthio amicitia strictissima c1arus, cui adhaerebat fidus Achates, indeque novis rebus studentibus gratum caput, relict a Domo Monmuthi, suam ad domum rheda redibat, quando quidam eques Thinno ignotus exploso in eum sclopeto in ventre vulnus inflixit, quo sequenti die hora V matutina mortuus est. Factiosi, in omnes occasiones


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nocendi Catholicis erecti, ab his eum occisum dixerunt; structas Monmuthio insidias, quem crederent ea Rheda vehi; hunc Divina Providentia periculo ereptum, alterum innoxium virum, veluti succedaneam hostiam, impio furore immolatum. Haec e vestigis typis vulgata, et in Populum spars a variis libellis, in quorum uno dicitur: " Tam certo credo Thinnum a Papistis occisum, ac quidquid in Apostolorum symbolo continetur." Oates etiam dicebat sibi notum a qui bus quemque in finem patratum esset homicidium, cuncta solemni Jurejurando confirmaturus. Sed periculum inde Catholicis innocentibus imminens Dei providentia discussit, comprehensis Homicidis, qui statim facinus agnoverunt (erant omnes alienigenae et Haereticis sacris addieti, nec ullum cum Catholicis Anglis commercium habuerant) idque Comitis de Coningsmarke jussu patratum. Erat is Suecus,* et amabat filiam Ducis de Newcast1e~ (quam Thinnus duxerat), et ab ea ita redamabatur, ut sumpto virili habitu, cum unieo ephebo, relicto marito, conventum Amasium in Hollandiam trajecerit. Qui earn ducere non ausus, priori et vero marito superstite, hunc per duos tresve militum Praefectos, qui sub ipso meruerant, e medio auferre curavit. Percussores suspendio crimen luerant; Coningsmarkius e fuga retractus, in Jus vocatus causam dixit; caeterum cum constaret nisi jussu nihil fecisse, liber dimissus est. ~ (679) SACERDOTES JUSSI DEPORTARI, SED FRUSTRA. Toto anna praeterito manserant in carcere multi sacerdotes, partim Conspirationis, partim Ordinum ritu Romano susceptorum arcessiti. Quos omnes in Insulas Syllanas deportari jussit Carolus, epistola ad Vice Comites Londinenses directa, ipsius parvo sigillo, sive manuali, munita.ยง Id haud ita pridem petierant e Factiosis multi; nunc Carolo id jubente parere noluerunt Vice Comites, nisi magno si.gillo muniretur mandatum. Dictum ab iis etiam insolens esse viros gravium criminum postulatos indicta causa

* He came to England to serve as a volunteer at Tangier. .y.

Lady Ogle. Reresby, Memoirs (ed. Cartwright), pp. 235-241, 243, gives a firsthand account of the whole affair. Reresby was responsible for the arrest of the murderers. ยง On 21 Oct. 1681 a draft was prepared by the Privy Council for the removal of certain of the priests in London gaols to the Isles of Scilly. On 26 Oct. the Admiralty was ordered to provide transport for William Marshall, James Corker, William Russell alias Napper, Charles Parris alias Parry, J ames Baker alias Morris alias Gifford alias Hesketh, Daniel McCarty and John Bully. On 30 Nov. the seven priests were ordered to be taken from Newgate in the custody of Thomas Saywell, messenger, and committed close prisoners under William Godolphin, Governor of the Isle of Scilly. On 3 Feb. 1681/2 a ship was ready and the six priests (Bully being omitted from the list) were ordered to embark. But on 8 Feb . 1681/2 the Sheriffs of London and Middlesex refused to deliver the six priests, and petitioned the judges of Westminster concerning the case . The judges decided that the Privy Council warrant was valid, but nothing further seems to have been done (P.R.O., P.C. 2/69, ff. 378, 383, 415, 447, 449; C.S.P.D., 1682, p. 53). ~


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dimitti (quasi vero ipsimet non plurimos gravium criminum compertos indict a causa dimitti curassent plena libertate, et maximis premiis affici); Exilium non esse paenam Jure statutam in ejusmodi facinorosos: nee ut esset nisi lite contestata, Judicum sententia, infligi posse. Haec Dicis causa. Vera et unica ratio, statuerant Carolo quantam tuto possent in omnibus adversari. Itaque frustra datum mandatum; captivi omnes in statu quo prius manserunt. (680) ACTIO IN ADAMUM ELIOT. Magna lis orta hoc tempore inter Graium et Northum Barones,~ Oatem et Eliottum, Canonicum Dubliniensem, in partes traxit. Graii Pater moriens haeredam ex Asse scripserat filium suum; genero N or tho exiguum quid legaverat, qui tamen improba spe totam haereditatem devoraverat. Hic falsi Dicam T.estamento scribi curavit, aHudque substitui; et inventi duo filii Belial, qui substitutum Testamentum Juramento probarent, +quibus accessit et Oates. + Eliottus morienti Graio adstiterat; unde accersitus ex Hibernia, Testamento vero fidem facturus. Uterque Baro factioni suam probarat operam, uterque Oati charus, magis tamen Northus, qui ei ecce scuta dono dedisse fertur. Hi duo, ut Eliotti Testimonium eliderent, statuunt eum sacerdotii arcessere. Simul itaque Carolum adeunt, ei nunciant esse Londini J esuitam [1. 150J pestilentissimum, iis, qui plexi fuerant, longe deteriorem, submissum a confratribus speculatorem; tantae audaciae, ut in palatio Reginae sacra faceret, deinde, sump to Ministelli Schemate, in Parochiis et conventiculis conciones haberet. "N ostin' bene," inquit Carolus, "esse Jesuitam?" "Optime," respondit Oates, " nee Jesuitam qualem qualem, sed circumcisum." "Bone Deus! " ait Carolus, " qualis J esuita est iste?" "N on est Christianus," ait Oates; "sed Turca." Simulque rogat eum comprehendendi sibi fieri potestatem. Et Carolus ad Eirenarchas remisit, quorum esset in Jura peccantes comprehendere. Adiit Wallerum; qui Eliottum vincire non est ausus, cui Graius aderat. Eliottus, Magistri Artium gradum adeptus, Audomarum primum, in de Romam, ierat, magis ex curiositate, uti videtur, quam ex Devotione; unde Hispaniam lustravit, et Ulissipone conscensa navi, dum in Angliam rediret, captus a Pirata ductusque Salam (quae urbs est Mauritaniae Tingitanae, fluvii cognominis ostio, quo se in Oceanum Atlanticum efiundit, adjacens). ibi Judaeo cuidam Hamet Lucas dicto venum datus est. In Libertatem semet asseruit, fuga difficili et periculo sa Mamorram se recipiens, oppidum Hispanorum praesidio munitum, xx circiter passuum millibus Sala distans. lnde Gades et Amstelrodamum ivit, ac tandem Londinum, ubi in familiam Graii defuncti admissus, ejus commendatione in Ecc1esia Cathedrali Dubliniensi Praebendam adeptus est.

*

*

Warner's account is based on Adam Elliot's A Modest Vindication . .. London, 1682. ~ I.e. Ford, Lord Grey of Werk, and Thomas, Lord Grey of Rollestone, later Lord North.


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(681) Actio Falsi Graii Testamento intentata Juris Civilis Peritis, a Cantuariensi Praesule delegatis, commissa erat; coram quibus sequentium criminum Oates Eliottum accusavit: I. Fuisse servum in Mauritania. II. Fuisse ibi circumcisum. III. Herum suum veneno sustulisse. IV. Inde rediisse Romam. V. Illic Mahometismo renunciasse. VI. Haec omnia a scripto ipsimet manu exarato se didicisse, cujus characteres ipsi optime noti. Alibi dixit, ipsum sacerdotio Romae fuisse initiatum, illic in Scotorum Collegio Sacra solemni ritu cantasse, mendaciis et perjuriis infamem esse, &c. (682) Northus exin auditus, pleraque confirmavit, aliquibus adversatus est: Eliottum non Salae fuisse captivum, sed Mamorrae. Cumque moneretur ab aliis id fieri non posse, quod Mamorra in Christianorum esset potestate (quibus biennio post sub ito Maurorum impetu erepta fuit) , respondit ille, se melius id nosse, quam ipsi, quod illic fuisset olim. Item, Eliottum non veneno sustulisse herum suum, sed caput ipsi Acinace amputasse, &c. (683) Ad haec Eliottus respondit: Ad I. Se vere fuisse in servitutem deductum Salam; verum id infortunium esse, non peccatum. Ad II. Se nunquam fuisse circumcisum oculis ipsis videri posse, modo Judices chirurgos deputent, qui invisant. Ad III. Se nec veneno nec Acinace Hero suo vitam eripuisse, ipsummet etiamtum vivere, et (quod inexpectatum) Londini versari Regis Marocci Legato a secretis. Et vere ita erato Ad IV. I1lud a vero longissime aberrare, cum eorum testimoniis, qui eum Mamorra reducem vidissent Gadibus, Ulissipone, et Amstelrodami, constaret, ipsum nunquam rediisse Romam; in de patere aliorum falsitatem; Mendacia et Perjurja vernacula Oatis peccata esse, quibus ipse tam immunis quam alter certo Reus. Hinc Judicum sententia Innocens dec1aratus Eliottus, mulcta Calumniatori lxxx. scutorum imposita. In Eliottum orta Factiosorum indignatio, quod suam adversus Oatis accusationem Innocentiam tueri ausus fuisset, angusti, pusilli, et faemininei animi esse dictitantes, suum honorem defendendo aut vitam ipsam, Oatis honorem solicitare , cum longe satius esset ipsum vel extremo supplicio affici, quam ut minueretur Oatis authoritas adversus Papistas necessaria. Dublinium reverso quidam e Factiosis exprobavit, earn Animi parvitatem, qua factum, ut multi de Oate pejus, de Jesuitis melius sentirent. Qui fervide respondit " Oatem esse bipedum nequissimum; quod si non meliori fide Jesuitas, quam se accusasset, illos vere fuisse Martyres." Hinc cusae binae Accusationes, +ut erant temp~ra, invidiosissimae, + una quod Oatem dixisset nequam, imo nequissimum esse; altera, quod J esuitas Martyres pronunciasset (mutata propositione conditionali in absolutam). Hinc conjectus in carcerem, un de ad causam dicendam post aliquot menses evocatus,


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*

dccc scutis mu1ctatus, dimissus est. Carceris aerumnas haud aegre tulit, cujus parietibus tutus erat a vi, quam Factiosi ilIaturi sciebantur. Haec ipsemet edidit libello Dublinii impresso Londini recuso, haud modica Authoritatis Oatianae diminutione. (684) [1. 151J INQUISITIO IN BONA CATHOLICORUM. Acerrima in Catholicorum, potissimum vero J esuitarum bona, toto hoc tempore instituta Inquisitio, quo publicarentur. Jesuitarum immensa esse commentitus fuerat Oates; et non plane ei negata fides hac in re, cum similia passim spargerentur a Malevolis et Obtrectatoribus, ex Invidia et aemulatione prava. Quidam Juris Peritus" cujus opera Societas usa fuerat, pleraque patefecit; et statim omnia aut in Fiscum redacta aut inter hiantes corvos divisa sunt. Hoc malum Laicos etiam involvit, a quorum singulis in singulos menses, quibus Haereticorum sacris abessent lxxx scuta emungebant; et qui solvendo non erant in aere, luebant in carcere. Praeter ilia, quae qui ditiores erant ad redimendam vexationem ultro dabant, et quae rapaces manus auferebant, eo audacius quod impunitatis securi, cum Religionis odium Catholicis Tribunalia clauserat et converterat, ut ait Propheta, Judicia in Absynthium. Haec multum damni Catholicis inferebant, exiguo Aerarii fructu , pleraque praeda viscosis quadruplatorum manibus adhaerente. Unde suo simul et Aerarii commodo Boothius:t quid am Caroli ingentem pecuniae summam Aerario quotannis numerandam obtulit, ea conditione, ut omnium, quae Catholici toto Regno possidebant, ei usus fructus committeretur. Et e Consilio R egio varii, ne factiosos offenderent, silentio assentiri visi sunt. Non ita Tuftonus Insulae Thanettae Comes, +Catholicorum Religioni aversus, Personis amicus;+ qui in Jurament~ prorumpens, "Quid agitis, Domini mei, quo tenditis ?" inquit, " Bonis exutum :fidissimos Regi subditos, ut inde ditescant hostes ejus infensissimi et contumaces Proditores ? " (685) Hoc recte dixerim gravissimum periculosissimumque Persecutionis genus, si cum ea, quae in sanguinem vitamque grassabatur, conferatur. Haec enim fidem corroborat visa morientium constantia; fidelium numerum auget, quia "semen est sanguis Christianorum, et plures efficimur quoties metimur " (Tertullianus); et cito desaevit, verso in misericordiam odio. At ex alia nulla utilitas; subtrahitur succus alendis familiis, liberis

*

North brought an action of Scandalum 1YIagnatum against Elliot for his remarks on his (North's) evidence, for which Elliot was fined ÂŁ10,000 (C.S.P.D., 1682, p. 461). For the sequel see J. Lane, Titus Oates (1949), pp. 284-5. ~ I.e. Richard Langhorne himself. (See Appendix IV and Foley, v, 59.) A copy of Langhorne's "Discovery of Jesuits' Means" exists in the State Archives at Brussels (Carton Varia, S.]., No. 31), and a transcrjpt is among the scripta of the martyr at Archbishop's House, Westminster. :b I.e. Henry Booth, son of Lord Delamere. But a proposal for a farm of confiscated recusant estates for three or six years was made to the Privy Council by Col. Mansell on 4 March 1680/1. The matter was referred to the Attorney and Solicitor Generals (P.R.O., P.C., 2/69, I. 236) .


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elocandis necessarius, convelljtur Fides, et Praeda allecti Quadruplatores diutius grassantur. (686) TRIMMERS. Gnaviter actum in Conventicula (e quibus malorum Iliada fluxisse constabat) incitante Carolo, propenso sua sponte Londini Praetore, non jnvitis aliis Ministris; et apparebat non diu restituram Factionem, si eo rigore cum iis ageretur. Hinc natum novum hominum genus +Carolo infidum, Factiosis favens,+ qui misericordia utendum aiebant in devictos, nec miseris insultandum; non averruncandos Fanaticos omnes, dandum aliquid conscientiae etiam erroneae, Scrupulosis indulgendum; ut aequatis veluti partibus, Carolus utrique imperitaret; cui alias una sola parebit, magno publici periculo, casu quo illa non in officio perseveret. Sic aequare, hostire, componere volebant partes adversas, ut plane neutra deficeret, neutra praevaleret. Hinc nomen inditum Trimmers. Carolo ejusque ministris blandiebantur, in eorum se sinum insinuabant, gratiam ambibant, non sibi tantum sed et aliis profuturam, in omnem sublevandae Factjonis occasion em attenti. Exagitavit solita facundia Lestrangius infidum hominum genus, publico exitio repertum, qui simulate Carolo, vere fanaticis studebant; eosque ostendit professis hostibus magis metuendos esse, quod minus noceant aperti, quam occulti hostes, amicitiae specie fallentes. (687) REDIT EBORACENSIS IN ANGLIAM. Eboracensis compositis ex Caroli suoque voto rebus Scotiae, factiosis compressis, sumpto de variis supplicio, rediit in Angliam, ut omnium rationem Carolo redderet. Navi venit Yarmutham; in de terrestri itinere N eomarkettum, ubi Carolus rusticabatur. Ubique summis honoribus, faustis acclamationibus publicisque laetitiae signis exceptus. Nobiles Scoti, quod una navis omnibus excipiendis impar esset, expeditis equis eo confluxerunt. Aula nunquam aut frequentior visa aut laetior. E Scotia duo Archiepiscopi, Santandraeanus et Glascoviensis, et quinque Episcopi, Edinburgensis, Gallovidiensis, Dunkeldensis, Brechinensis, et Dumblaniensis, Epistola ad Archiepiscopum Cantuariensem data, [ j. 154 ~J quantum Eboracensi deberent, testati sunt: mutatum ejus Prudentia in melius Regni statum; Episcopalem ordinem ejus Protectione in debit am ei locum emersisse; ipsum singulari industria, non publica modo, verum etiam privata, Episcoporum procurasse negocia; nihil se unquam illi ad Ecclesiae bonum proposuisse, quod non illico perfecerit; ab ipso profectam Ecclesiae Regnique pacem; ejus vigilantia cohibitos Fanaticos homines, ne in perniciosos motus erumperent. Proinde rogant Cantuariensem, suorum omnium nomine gratias ei agat, eumque de eorum perpetuis precibus pro ejus et temporali et aeterna felicitate faceret certiorem. (688) Paulo post. dum in Scotiam navigaret, navis bellica,

*

*

Cj. Halifax's celebrated Character of a Trimmer. . . . . 1682 (Wing H.294). ~ There are no pages 152, 153, in the MS .


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qua vehebatur quatuor aliis comitantibus, sola in Brevia impegit Eboracensi nota, qui de iis Navarchum frustra admonuerat; contendebat ea longe a tergo relicta. Cimba ad alium navim transiit, cum iis quos nominatim evocavit, et Navarcho hujus perniciosi erroris rationem reddituro. Et navis soluta compage marinis fluctibus hausta cum omnibus vectoribus. In ea praeter nautas periisse dicuntur plus quam centum nobiles, digni utique meliOl-j fato, vel ob singularem prorsus in Eboracensem fidem, cujus salutem adeo suae praetulerunt, ut eorum nullus in cimbam cum eo descendere voluerit, nisi nominatim ab eo vocatus, ne pondere deprimeretur (quod contigit sub Henrico ii. Anglia Rege); et ubi cimbam ad aliam navem applicuisse vidissent et Eboracensem in tuto, gaudium de ejus incolumitate conceptum, licet mortem inevitabilem prae oculis cernerent, faustis clamoribus testati sunt. (689) Navarchus certis indiciis et propria confessione convictus navem in illas Syrtes de industria direxisse, ad perpetuos carceres damnatus est, gravius ipsa morte supplicium quia productius. Ejusdem criminis suspectus, et in Jus vocatus, alterius parvae navis Praefectus quae aliam qua vehebatur Eboracensis praecedebat, et explorato bolide fundo, a Breviis declinarat, nullo dato sequenti navi periculi vicini signo. Caeterum cum Accusatio sola suspicione niteretur, eaque infida, et alter constanter Innocentiam suam assereret, carceri mancipatus et ipse, donec Carolo placuisset eum eximere. (690) Eboracensis non diu haesit Edinburgi; verum cum Conjuge uterum ferente, partui vicina, mari Londinum rediit, ubi prolem ista pulchrioris sexus enixa est, quae ubi tres circiter menses vixisset, Beatorum numerum auxit. (691) ELIGITUR CAROLUS DE NOYELLE, S.]., PRAEPOSITUS GENERALIS.~ Ineunte Julio novum Societati Jesu datum caput, in demortui Joannis Pauli Oliva locum; electus insolita planeque +alias non visa+ Electorum concordia, Carolus de Noyelle, Belga, ex antiqua Comitum de Noyelle familia oriundus. Gazettae Londinenses a Factiosis compositae rem longe aliter ac contigit, retulerunt: Gallos nimirum hunc excludere voluisse, sed Germanos cum Hispanis et Halis, Gallos pugnis et calcibus caesos expulisse, et Electionem peregisse. Quae quantum a vero absint norunt quotquot Romae tum agebant; adfuerunt enim Electioni quicumque per Constitutiones Societatis adesse poterant, e xxvi. Europae Provinciis Praepositi Provinciales, aut qui eorum vices gererent, quisque cum duobus Electoribus; et omnium unanimini suffragio praeter + quam ipsius+ electi, qui Congregationi praeerat, Generalis renunciatus est. Nec minori plausu excepta extra quam intra

*

*

James's behaviour during this incident has been criticized by many writers. For a favourable account see sources quoted in J. Lane, James the Last, p. 137. ~ Warner himself went to Rome for the elec~io n . E


384

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H

PER

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UTION OF CATHOLI S

Societatem Electio, ubi ipse notus; adeo constans erat de ejus Pietate, Integritate, Experientia, P rudentia, Fama. (692) GULIELMUS BENTNAEUS CAPTUS. Dum hujus Electionis occasione Romae ageret Anglicanae Provinciae S.J. Praepositus, Gulielmus Bentnaeus, senex octogenario major, qui xlii annos in Missione transegerat, et Apparitorum diligentiam singulari industria eatenus [J. 155J eluserat tum praesenti tum superiori Persecutione, cum Bello Civili omnia arderent, tandem in eorUl11 casses incidit. Ierat de more Sacramenta ministratum duabus nobilibus virginibus, Baronis Bellamontii Patruelibus. Iste ubi hoc audivit, sump tis secum Apparitoribus, in earum domum violenter irrupit, nec quaerendi fin em fecit, donec bonum senem comprehendisset. Inde Darbiam captivum abduxit, sumpta sibi Testes inveniendi Provincia, qui eum Sacerdotii accusarent. Cuncta ei ex voto succedere videbantur; non est tamen de damnato umptum supplicium, incertum quam ob causam. De ignobili facinore non diuturna Nobili Bellamontio laetitia; cujus in cognatos iniqua consilia non Catholicis modo, aut Carolo, sed etiam Protestantibus vicinis adeo displicuere, ut quantum liceret ejus conspectum vitarent, quem jam Apparitorem, jam sacerdotum venatorem aut Aucipem vocabant. Bonus senex, data sub Jacobo Ecc1esiae Pace, Libertati et Gregi suo restitutus est quem etiamnum non Sacramentis tan tum et pia vitae exemplo, sed et Dei verbo, quantum per collapsas vires licet, continuo pascit. (693) VARIAE ACTIONES IN VARIOS. Shaftesburius, doloris impatiens, quod ausi fuissent aliqui Majestatis illi crimen objectare, quo injuriam sibi factam, uti dicebat, ulcisceretur, civem honestum Londinensem, cui nomen Cradocke, in Jus vocavit, quasi Legem, qua Magnatum honori consulitur, diciturque de Scandalo Magnatum violasset, dicendo ipsum esse Proditorem. Caeterum cum audisset Judices nolle causam agi Londini, Dicam retraxit, Actionem intermori passus; tanta illi in j uratis Londinensib us fiducia, tanta de alibi cogendis diffidentia. Et vero met us non vanus videbatur, licet multae suscitarentur Actiones inter Regios et Factiosos, plenum fore Justitium, cum nec Regii Londini, nec eorum adversarii extra Civitatem illam, Actionem ullam instituere vellent, rebus sic stantibus. Malorum fons, ViceComites Factioni dediti, solos iis faventes juratos accersentes. Remedium autem, quod a Privilegiorum civicorum irritatione sperabatur, ut ut certum, si revocarentur, len tum tamen in praesens, quia lis ampliabatur, nec ullus ex ea fructus, donec finiretur. Hinc ubi novi Vice-Comites creandi essent, iis animis contentionis funis tractus, ut parum a seditione abfuerit, imo et a permcle. Arma enim paraverant Factiosi non defensiva tan tum; sed et offensiva.

*;

*

But he died in Leicester Gaol, 30 October 1692 (Foley, v, 493), so presumably he was reimprisoned ai the Revolution.


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(694) PROTESTANT FLAYLES. Inter haec illud novum et eatenus inauditum : Lignum sumpserunt formae aut Ovalis aut Ellypticae, omnium durissimum et ponderosissimum, quod Americani, inter quos solos crescit, Vitae appellant, sex pollices longum, quatuor latum; quod excavatum, ad augen dum pondus, plumbo repleverunt. Illud manubrio vel catenis ferreis, vel alio firmo vinculo alligaverunt. Teli ea erat forma, ut commode sacculo circumferretur; ea vis, ob duritiem et pondus, ut etiam lento motu impactum in caput, diffracto cranio, cerebrum dipergeret. Ejus usus tam facilis, ut etiam in conferta multitudine, ubi inutiles et gladii et sicae propter compressa brachia, modo sola manus carpo tenus rotari possit, pro xi me adstantibus certa ex eo pernicies. Hoc turn quidem ignotum Regiis, rescitum postea; unde patuit, quantum civibus Londini periculum Divina Pro videntia discusserat. Quis primus talis teli Inventor, nescitur; doluerunt aliqui non ipsi evenisse, quod Tauri Phalaridis Inventori, ut primus Artis suae experimentum faceret, opusque suum imbueret. Vocatum est hoc armorum genus verorum Protestantium Tribulum, sive Flagellum, quia simile videbatur iis Flagellis, quibus Rustici et in Anglia et in vicinis Galliae Germaniaeque Regionibus ad excutiendum e spicis Triticum utuntur, et quia qui dici [f. 156] volebant veri Protest antes ejus essent inventores, eoque grassari parati essent. Ignotum priscis saeculis telum praesenti debemus, et mitissimo, pacatissimo, ab omni sanguine alienissimo Calvini gregalium spiritui. Eorum tamen nullus usus, cum nemo auderet aliis signum dare. (695) ELECTIO NOVORUM VICE-COMITUM. Sic parati, sic armati, ad comitia venere creandis novis Vice Comitibus destinata + die xxiv Junii+~; ubi quatuor nominati, e quibus duo eligendi: A Regiis North, et Box; a factiosis Papillonius et Dubois, neuter Anglus, ut e nomine constat, tametsi id illis non obfuerit, quod legitime fuissent in civium Collegia cooptati. Praetor Londinensis proposuit North et Box, et illum quidem cum praerogativa suffragii sui, quod ex antiqua consuetudine penes Praetorem sit unum eligere, et cives ab eo electum non denuo eligunt, sed electum agnoscunt, sive Electionem rat am habent. Hoc Praetoris jus insuper habendum dixerunt antiqui Vice-Comites, quorum erat suffragia colligere, volentes de N orthi electione cum aliis agi; cum que Praetori pateret, alia praeter Jus in suffragiis colligendis fieri a Vice-Comitibus, qui ali quorum nomina retulerant suffragii jure carentium, aliorum etiam absentium, et ipse discessit, et aliis ut discederent imperavit. Cui cum non paruissent Vice-Comites, acciti coram Consilio Sacratiori, inde ad Turrim missi sunt captivi ;

*

*

Cj. The Song of t he "Protestant F lail," published b y Nathaniel Thompson 1681 , and quoted in Muddiman, The K ing's j ou,rnaiist, p. 236. The Flail was supposed to have been invented by Colledge. See also North, Examen, p. 573. ~ C/. C.S.P.D., 1682,pp. 263-5, andforp1'Oceedingsin July i bid. ,p. 295 ; also North, E x ame-n, p. 608 sq.


386

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qua datis vadibus egressi, iterum v. Julii ad Electionem peragendam convenerunt, vetante licet Praetore, qui ob adversam valetudinem adesse non poterat, et Vice-Comites renunciarunt Papillonium et Dubois. Erat effectio de facto nulla (et ipse conventus illicitus). Un de Litteris ad Praetorem datis Carolus earn irritam jussit esse, atque denuo novam instaurandum, juxta antiquas civitatis consuetudines. Negarunt factiosi audiendam Regis Epistolam in Consilio Civico, quod Carolus 1. declarasset Consilium Regium de bonis Anglorum disponere non posse; quasi eo decreto non consilii Regii tantum, verum etiam ipsius Regis Potestati civitatem exemisset, Rem Publicam sive Democratiam in medio Regno firmasset. Dixerunt alii illud ad rem praesentem non esse; Epistolam illam non a Consilio Sacratiori, sed ab ipso Carolo venisse, nec aliud respicere, quam ut omnia more antiquo fierent. Lecta Epistola, ad suffragia ferenda itum; et rata habita est Northi Electio. Box item Electus; sed iste quietis amans, mu1cta bis mille scutorum, molest as vexationes, quas in illo officio rebus adeo turbidis vitari non posse sciebat, redemit. Et suffectus ei legitima electione Petrus Rich, qui fuerat bis ad Parlamentum deputatus. (696) SHAFTESBURII ET FACTIOSORUM NOVA STUDIA. Incredibile quantum istorum electione turbatus fuerit Shaftesburius. Domo sua statim aufugit in mediamque civitatem migravit; ubi nomine mutato, dissimulata persona in obscuro hospitiolo delituit, paucis iisque fidissimis notus. Quae ante a placuerant lent a consilia damnavit, et ad vim subitam adhortatus est, qua viva voce qua scriptis, necessario aut utrumque fratrem, Carolum et Eboracensem, subita irruptione e medio tollendum, aut seditionem ciendam, quae in Rebellionem et civile bellum exeat; reliqua ex voto secutura. + Fuit, qui diceret invitandas in Tamesim naves Hollandicas cum Aplustribus Gallicis; fore enim videbat, ut iis visis plebis sequeretur seditio, quam, semel commotam et armatam, facile esset in Aulam convert ere, et quod designabant efficere. + (697) Acciti e Scotia varii, praetextu quidem, quasi in Carolinam (ea Anglorum Colonia est in America) cogitarent, rever a ut consilia communicarent. Adfuerunt et ab Argilio deputati. Primo cum Scotis altercatio, quem in fin em declararent sumpta a se Arma? Conveniebant omnes, quid desererent, nempe present em Regem, non item quo tenderent; cum Angli Democratiam praeferrent, pro qua negarunt Scoti ullum e sua gente arm a sumpturum. Itaque conveniunt Carolum ejusque fratrem abdicandos esse: de futuro regimine data opportunitate deliberandum. Alia disputatio, de pecunia, belli nervo, qua Arma, Annonam, alia exercitui cogendo necessaria pararentur; et Scoti quidem prompt am voluntatem et corpora afferebant, sed pecuniam [f. 157J nullam. Unde petierunt cxx millia scutorum sibi e vestigio dari. Angli negabant talem summam brevi para-


ENGLISH PERSECUTION OF CATHOLICS

387

bilem esse; tandem in xl millia conventum. Statim civitas in viginti regiones divisa; cui que Regioni viri gravi deputati, qui militiae aptos describerent, iis arma distribuerent, et ad ea induenda, ubi c1assicum auditum esset, paratos haberent. Idem ut in aliis Provinciis fieret, decretum. Disceptatum exin utrum intra an extra Londinum efferendum esset Seditionis signum, et conc1usum utrobique simul, quo magis Regiae copiae distraherent[ur]. Haec omnia ita secreto gesta, ut hoc anna nihil Carolo ejusve rninistris innotuerit; sequenti vero sunt in lucem producta a factiosis ipsis. Quo firmius vincirentur inter se voluntates addito Religionis nexu, dicta dies, qua in quandam Ecc1esiam Parochialem Londini convenirent, Gratias Deo actum pro Caroli incolumitate et Regni pace (iste pretextus), illic concionem audirent, in de ad¡ convivium transirent, ad quod instruendum quisque suum symbolum contulit, quatuor scuta. Distributae singulis schedulae, absque quibus nemo in caetum illum esset admittendus . Sed Carolus convenire vetuit, quod diceret solius Regis esse solemnes Gratiarum actiones indicere. (698) Scoti Anglis tarditatem et lenta consilia exprobarunt, quibus multa dicere et nihil facere solemne; cum ipsi (Scoti) facere, quam loqui mallent. Angli contra monebant festinandum lente, a praecipitio cavendum; non praeviso exitu, motus ejusmodi temere suscitatos erroribus carere vix posse, quibus nulla arte, nulla ope occurratur. (699) SHAFTESBURIUS EXILIUM ET MORS. Shaftesburius cum Scotis comperendinationes omnes damnabat, quod consilia id genus cum tot hominibus communicata (constat plus quam vigeties mille illorum participes fuisse) diu celari non possint, quin ad Caroli adeoque Publici, noticiam deferrentur alicujus conspirantium aut Imprudentia vel Paenitentia, cum totius causae omniumque conjuratorum pernicie, cum ex Provinciis nunciaretur omnes ad arma capessenda imparatos esse, et Londini Plebs aliquoties concitata, statim Praetoris Londinensis vigilantia compress a fuisset, nec Monmuthio aliisve Nobilibus cum eo sentientibus probare posset ita festinandum esse, sibi conscius, sibi timens, omisso quo nitebatur unico praesidio, Vice-Comitum Londinensium, qui nullos nisi partibus addictos in J uratorum numerum relaturi erant, aliis in eorum locum substitutis, qui alios electuri forent, ubi tragice deplorasset periculum inde viris Innocentibus, ut aiebat, imminens, nec tamen propterea alii praecipites in arma ruerent, +ubi reliquos conjuratos ad festinandum adhortatus fuisset, iis praedicens fore ut obruerentur, nisi duos frat res quam ocissime obruerent, + voluntarium exilium periculosae in Patria vitae praetulit, et cum duo bus tantum sociis, Fergusono et Wa1cotto, in Hollandiam trajiciens, Amstelrodami consedit, jure civitatis numerata pecunia illic empto, quo magis concives ad ejus defensionem adstringerentur. Gloriari quidem possent Hollandi tantum virum eorum implorasse fidem, in eorum se dedidisse


~88

E

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ATT-TOU .

patrocinium, nisi probrosum aliquo modo videretur nobili genti cunctos factiosos, perduelles, nebulones in eas Provincias, tanquam in communem Europae +Sentinam+ confluxisse. (700) Mira rerum mutatio ex ista Vice-Comitum Londinensium creatione secuta (quam earn ipsam ob causam adeo distincte retuli, quae alias levior videtur), ut qui parum ante totum Regnum sibi obnoxium esse gloriatus fuerat, nullum in illo locum inveniret, in quo tuto requiesceret; et qui Carolum veluti porrecta manu se ex ejus Ditionibus educturum ec1ixerat, ex omnibus ipsius Ditionibus aufugit, idque ad Hollandos, qui bus internecinum bellum denunciarat, dum Angliae Cancellarius esset, si quidem quacunque de re ageretur, sententiam suam verbis a Catone desumptis c1audebat: Ita sentio, et delendam esse Carthaginem, [f. 158J Federatas Hollandiae Provincias intelligens. N on alios in exilio socios habuit ex Anglia Scotiaque, quam quos eadem causa, par metus, solum vertere coegerat, graves, ob expensas in eos necessario faciendas, graviores, quod ipsummet non odisse non poterant, cujus technis, praestigiis, mendaciis ab officio in Patriam Patriaeque Parent em abducti fuerant; adeoque qui esset ipsis Author miseriae, fundi calamitas. Paulo post accedente ad gravem aetatem morbosque quos ea invexerat, praesentium rerum maerore, meliorum desperatione, miseram Animam efflavit. Cadaver in Angliam relatum, ut in familia suae monument urn inferretur. Quod anna sequenti ineunte contigit; in isto ponitur, quod nunc scenam deseruerit, quam tanto tempore magno Publicae Rei malo occuparat. Ubi no vi Vice-Comites officiis suis Londini fungi caeperunt, Justitia sedem etiam suam occupasse visa. (701) PILKINTONI ET WARDI CAUSAE. Dica Pilkintono, prioris anni Vice Comiti impacta, quod legem de Scandalo Magnatum violasset, dicendo, dum Eboracensis e Scotia rediret: " Olim civitatem igne consumpsit; nunc venit cives jugulatum." Testes in eum dati Gulielmus Hookerus et Henricus Tulsus, Equites Aurati, Londini Scabini, sive ut vocamus Aldermanni; qui testati sunt ea verba ab eo prolata fuisse. Pro Reo comparuit Patientia Wardus, haud ita pridem Londini praetor, qui negavit Reum ea verba protulisse. Vindiciae secundum Accusationem datae, mulcta Reo quadringentorum millium scutorum imposita, ct donec solvisset carcer. Wardo deinde Perjurii comperto gravis mulcta imposita, quam ne solveret, neve in vincula conjiceretur, in nota solis fidissimis Amicis semet abdidit latibula. (702) DE INCENDIO LONDINENSI, EJUS AUTHC>RE ET MONuMENTO. De incendio Londinensi frequens supra mentio, quod non solo Persecutionis praesentis tempore, sed et eo etiam, quo contigit; viris Innocentibus exprobrarunt Factiosi. Illud Pilkintonus Eboracensi, Papistis universim alii tribuerunt. Wardus Cf. J. B. Williams (vere Muddiman), The Origin of the Oates Plot

*

*

(1'Jte Month, 1912).


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vero, dum esset Londini Praetor, basi altissimae columnae, ad futuram Incendii memoriam, erectae (quae inde monumentu,m appellatur), haec insculpi curavit: (703) "Erecta fuit ista columna ad perpetuam Incendii terribilis Memoriam hujus Protestanticae Civitatis, Perfidia et Malignitate Papistarum inchoati et promoti initio Septembris MDCLXVI. quo suam horrendam Conspirationem ad extirpationem Religionis Protestanticae et antiquae Libertatis Anglicanae, atgue Papismum et Servitutem introducendam, promoverent." (704) Domui vero, unde ortum incendium, haec inscripsit : "Hic caeli permissione, a malign is barbarorum Papist arum cordibus, Infernus in hanc Civitatem Protestanticam erupit, manu Huberti, ipsorum Agentis, qui in istius loci ruderibus facinus agnovit, pro quo extremo supplicio affectus est. Hic ergo incaepit terribile incendium, quod vicina columna describitur, et Posterorum memoriae propagatur. Anno Domini MDCLXXXI. Praetore Patientia War do Equite." (705) Haec illae inscriptiones. Sita est ista Turris haud procul a Ponte Londinensi, iisque forma simi lis est, quae Romae Trajani et Antonini optimorum Principum dicuntur, et jam Beatorum Apostolorum statuis ornantur; facta ex quadratis lapidibus, ubi e quadrat a basi emergit, figurae rotundae, ordinis Dorici. Basis alta xl pedes, ejus latera xxi. Turris ipsius diameter xv, altitudo elxxv. Additur Epistilium ornamento, et cancelli ferrei inaurati, despectantium in subjectam civitatem commodo et securitati. (706) Basis frons majorem plataeam spectans variis Emblematis ingeniose excogitatis, affabre factis, ornatur. Ex adversa [f. 159J parte Porta est, in medio gradus ex Marmore nigro ab imo ad summum usque. Uni lateri litteris majusculis ista insculpta sunt [see translationJ. (709) Haec ex libro Anglice edito, cui titulus: Angliae noticia; sive Praesens Angliae status, Cujus Author,* si quis sit in mensuris error, eum praestare debet. Binae Inscriptiones istae publica +Comitiorum + authoritate factae sunt, rebus recentibus, Testibus severe et accurate examinatis; et solo casu natum ferunt incendium, cujus Authorem nullum memorant. Priores aliae in Catholicos atrocissimi infortunii avertunt invidiam, sed Oatis, et Wardi fide nituntur, quae quam exigua sit, vix opus dicere, cum uterque fuerit de Perjurio damnatus. (710) Saepius dictum obiter superius Catholicis per summam injuriam objectum istud Incendium sane luctuosum; non abs re fore videtur, si data hac occasione Inscriptionum Wardianarum, id elarius ostendam, unde forte patebit non minus insulsam, et a vero alien am [f. 160] Wardi quam Oatis aut Tongi fabulam. Ab Huberto incipiam, quem Wardus fide vere Protest antic a Inscri-

*

I.e. Anglia Notitia, or the Present State of Englan d, b y Edward Chamberlayne-first ed. 1669 (Wing C. 1819 et sq .).


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ptioni suae inseruit, et Papist arum Agentem vocavit. Robertus Hubertus Rhotomagi in Gallia natus est, Patre Calvini sacris addicto, et ipse Calvinista. Stocholmiam, Regiam Sueciae civitatem delatus, incertum qua occasione, Calvinisticae Ecclesiae illic adhaesit. Erat ipse mentis impos, et medio corpore paraliticus; un ius manus usum plane amiserat, et tibiam aegre trahebat. Is Imperio Patris Rhotomagi agentis navem conscendit Laurentii Petersoni Sueci, in +patriam suam+ euntis. Fervebat tum temporis bellum Anglos inter, et Gallos Hollandosque; et Anglica classis, cui praeerat Rupertus Princeps Palatinus Rheni, +in mari versabatur.+ Ad quem deductus Petersonus, cum retulisset se Suecum esse, navem Suecicam, merces Suecicas Rhotomagum deferre, jussus est Londinum ire, rationem mercium redditurus, ne quas vetitas ad inimicam gentem deferret. Londinum appulit biduo priusquam oriretur Incendium; quo tempore navi egressus non est Hubertus. Cum spectarent omnes e Navis Pergula collucentes fiammas, visus est Hubertus spectaculo mire delectari, unde N a varcha Petersonus offensus eum infra pergulam detrudi jussit. Unde per forulum inobservatus erepsit in civitatem; ubi a commota plebe, omnia suspecta habente, comprehensus, interrogatus, quis esset Incendii Author, et an ipse, &c. Ad omnia respondit affirmative, neque sciens quid aut illi peterent aut ipse responderet, tum ob mentis inopiam, tum quod Anglice nesciret. Quae omnia ex Petersoni Navarchae, qui frequenter cum eadem navi Londinum ex eo tempore venit, testimonio hausit Lestrangius *; quae suo, re accurate examinata, confirmavit Illustrissimus D. Leyenbergius Sueciae Regis Londini Legatus. Hinc Congregatio a Parlamento destinata ad inquirelldum in Incendii Authores, Hubertum eo crimine purum declaravit. Iste tamen suspendio non peccati quidem, licet de eo damnatus, sed Amentiae suae paenas luit. (711) Ex quibus constat: 1. eum non venisse Londillum, ut urbi ignem injiceret. Rhotomagum enim navigabat, unde non propria aut ipsius aut Navarchae sponte; sed Anglicae classi Praefecti jussu cursum defiexit. Constat II. ipsum non intulisse pirobolum illi domui, un de natum Incendium; nec enim terram tetigit antequam longe lateque grassaretur incendium, cujus visu in navi etiam tum existens, adeo .delectatus fuerat. Constat III. tametsi Hubertus vere fuisset Incendii Reus, ejus culpam Catholicos non afficere, quia cum isto nihil un quam commercii habuerant; qui cum in Gallia tum in Suecia Calvinistis adhaeserat, Calvini sacra frequentarat. + Tamen velut fidei Protestanticae articulus proponebatur, quem qui negabat, aut Papista aut J esuita audiebat. + Audiamus Lestrangium solita facundia et soliditate Quam absona, quam ridicula insulsam fabulam rejicientem: fabula," inquit, homuncio vix pedibus ill cedens eligitur ad tale It

It

*

L'Estrange's Brief History . ... 1687, Part I, pp. 20-1, deals with Hubert and the Fire of London.


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facinus; Papista prodit ex Ecclesia Calvinistica Stockolmiana; designatus ad Incendia Londini spargenda navi imponitur Londinum haud iturae. Notissime stultus talis Conjurationis praecipuus Actor instituitur; pirobolom intulisse dicitur in domum, a qua mille passus distabat. + In summa:+ Tam fatuus, tam amens est, ac ipse Hubertus , qui ista credit; et Jesuita est, qui non credit." (712) Haec Lestrangius. Longe potiori jure, certe majori probabilitate, in fanaticos homines, veros Protestantes, facinoris Invidia derivaretur. Siquidem illins anni, + quo contigit Incendium, + mense Aprilis exeunte, ex istis octo ultimo supplicio affecti sunt, quod constituissent civitatem a novarum rerum studio + tunc temporis+ alienam incendere, Regimen evertere, Bonorum aequationem, + novis tabulis inductis, + inducere, &c. Qui omnes criminp. quorum accusabantur, et pro Tribunali et ad Patibulum confessi sunt; dixerunt insuper, ipsis e medio sublatis, superesse alios, qui incendia spargant, idque iii Septembris (quo revera Incendium ortum est); illum diem prae aliis electum, quod ferrent Astronomorum Ephemerides ilium fore Civitati fatalem, forte et Monarchiae. Quae in Gazettis Londinensibus eorum [j. 161J supplicia referentibus, confestim vulgatis continentur. (713) Ut tamen, quod passim sentiunt plerique et Prudentiores, dicam, videtur a Justissimo Deo profectum, seditionum, Bellorum Civilium, et inauditi a seculis Parricidii paenas a superba et pervicaci plebe reposcente. Multa ad spargendum Incendium conferebant, duo precipue: primum, domus ex asseribus abiegnis constructae, igni obnoxiae; deinde plateae, si paucas excipias, etiam inferne angustae, laxatis ad singulas contignationes in frontem cubiculis, ut tecta tantum non se mutuo tangerent; alterum, aestas siccissima, impluvia, innubes, qua, accedentibus solis ardoribus, et in Italia et, ni faIlor, in Germania silvae aliquae sua sponte arsisse feruntur. (714) Ortum est nocte secundam Septembris secuta circa primam horam, adeoque die iii Septembris ineunte, quem urbi fatalem esse praedixerant Almanaci nostri, in Pistoris domo, ex neglectis quibus furnum calefecerat carbonibus. Vento vehemente ab Occidente pulsus in partes Orientales versus Turrim (ita Arx Londinensis vocatur), inde mutato vento Oriente in Occidentem, repulsus ignis ad Templariorum aedes, grassatus est, alia loca populatus, quae in Monumenti inscriptione feruntur, donec is, qui Incendium justo judicio permisit, quique tumescentibus Maris fluctibus terminos figit, furentibus flammis fixit, et stetit incendium devorans. (715) Carolus cum Eboracensi, nulla incolumitatis suae habita ratione, dum affiicto populo suo subvenire conatur, in mediis flammis aliquando inventus; et tamen summo ingrati animi vitio perditi homines, mala vel casu orta, vel quae suis ipsi peccatis accersiverant, iis acceptum referre ausi.


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(716) Haec de Incendio Londinensi, quod Patientia Wardus maligne famosa Inscriptione Catholicis affixit, quo ejus Invidia poster~s etiam gravaret, et Catholicorum odium ad seros Nepotes propagaret. Sed incassum; nam mendaci Inscriptione publica Authoritate deleta, Catholicorum Innocentiae et in praesenti et in futurum abunde con. ultum. * (717) Nec alienum ab Instituta hystoria visum haec de Incendio scribere, licet multis ante Persecutionem inchoatam annis contigerit, quod de eo fuerint Catholici postulati; et ea accusatio, non minus quam alia conficta conjuratio, ad plebem in eos concitandam valuit. (718) J ohanni Moro, sopitis magna ex parte turbis, seditiosis compressis, rebus in Pace fere compositis, probis viris in Magistratum assumptis, Praetura defuncto, a Consilio Civico . olemnes Gratiae actae, pro bene, et in Publicam utilitatem recte administrato summo inter cives magistratu.~ (719) LEGATIONES AD CAROLUM. Quae in Anglia Facti 0sorum opera vilescebat Caroli Auctoritas, earn e septentriolle Mosci, a Meridie Fezzeae Maroccique Imperatores, ex Oriente Bantami Rex, coluerunt, missa quisque ad eum Solemni Legatione. Commercium iste misit stabilitum suos inter subditos et Anglos, petiitque ipsius subditis liceret in Anglia negociari; quod Indicae Societati Anglicanae non placuit; nec enim vere videbatur e re Bantamensium, quibus adeo grave caelum Anglicanum, ut e numeroso Legati comitatu plerique in Anglia naturae debitum solverint, pauci domum redierint incolumes. Orto paulo post in ea gente civili bello, eae secutae sunt mutationes, quibus Angli, Galli, Sueci, Germani, Europaei omnes, exceptis Hollandis, regno illo pulsi, commercio exuti, gravi aliorum offensa in Hollandos (quorum opera creditur id factum) necdum extincta.

*

The anti-Catholic inscription was restored after the Revolution, and only finally deleted in 1831 (Thornbury, Old and New London, i, 567). ~ For Sir J olm Moore's views on the Plot see Bowler, C.R.S., xxxiv, 344-5.


LIBER VII. MDCL XXXIII . (720) [J. 162J ARGUMENTUM. Factiosorum Dialectus, et Arma. Eorum consilia de Carolo, et Eboracensi e medio tollendis. Locus facinori destinatus. Ridiculus Delator. Insidiae J onesio structae. Statua Carolo erecta. Londinum Privilegiis spoliatur . Presbiterianorum Conjuratio detecta. De conjuratis sumptum supplicium. De judicio gratulationes et Gratiarum Actiones. Censura Oxoniensis. Glacies mirabilis.

(721) Extinctum hujus anni initio (J anuario mense) Shaftesburium Amstelrodami superiore libro retuli; cum eo extinctum non est res novandi desiderium, quod ipse accenderat; sed Eboracensis metu, Monarchiae odio, Democratici Regiminis amore vigebat . Religionis nullam facio mentionem quod ut ut ejus coloribus larvas suas depingerent factiosi, ut plebi facilius imponerent Demagogi, null am tamen reipsa illius ration em habebant. Caroli seu mollities sive negligentia animos faciebat, ut palam idque passim his de rebus cum ignotis hominibus agerent, modo constaret iisdem studiis duci. (722) FACTIOSORUM DIALECTUS ET ARMA. Et excogitatus id explorandi modus : unus duos e globulis superiorem vest em nectentibus solvebat, et statim iterum nectebat, proferendo vocem, Harmonia . Si alter idem faciebat, sciebatur initae conspirationis particeps esse. Et sicut ali qui arcanis notis mentem suam per Epistolas communicant, quam aliis latere volunt, sic isti arcanis vocibus. Seditionem excitare, illis erat litem contestari. Regem e medio tollere, adire Possessionem. (723) Paranda curabant tria armorum genera: 1. Sclopi minimi, vulgo Pistolettae dicuntur, quales Ephippiis suis equites appendunt. II. Majores illi, quos Moskettos appellant, qualibus Pedites utuntuf. III. Nostratibus particulare, exteris gentibus aut ignotum aut non usitatum, Blunderbussos vocamus, longitudine Moskettis par, Tubi laxitate longe maius, xii aut xiv Mosketti globos et facile continet et apte evibra t, certa ejus in quem laxatur pernicie, cum unicus e Mosketto globus emissus a scopo facile declinet, at vix fieri possit, ut e tot emissis omnes aberrent. Primi generis arma calamos corvinos appellabant; secundi, calamos Anserinos; tertii vero cigneos. Pyrium pulverem et glob os vocabant Atramentum et Arenam. Ubi quem armis instructum dicere vellent, aiebant habere calamos, et atramentum in promptu. (724) Carolum corvum, Eboracensem ficedulam appellabant ob crinium colorem varium. Cum insidiis iis struendo agerent, dicebant se corvi et ficedulae auclJpium cogitare. Hac arte


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secure de conjuratione loquebantur ab aliis auditi, a solis consciis Studia soli Carolo latebant, cujus maxime intererat intellecti. illa cognoscere, et licet omnia suspicionibus scaterent, ipse tamen solus nec in metum, nec in suspicion em induruerat; quo certius et ipsiusmet, et Regni a pernicie servati gloriam non ulli humanae industriae, sed Divinae Providentiae acceptum ferremus: quae ut eum contra publicos Hostes ab exilio revocatum in throno collocavit, ita eum contra occult as hostium insidias in eo servavit. Factiosi, ut non solum vi et impetu, sed et ratione et consilio valerent, ex Associationis, de qua supra, mente, rerum summam potestatem paucis ex eorum numero selectis commiserunt, quorum imperio cuncta gerebantur. Hi fuerant initio Monmothius, Essexius, Grayus, Russellus, Howardus Eskrickius, Algernonius Sydneus, et J oannes Hambdenus, sept em numero. Ceterum cum Howardus aliqua imprudenter efiutiisset, ex eorum albo deletus est. (725) FACTIOSORUM CONSILIA. Adhibiti data occasione Romzeius, Armestrongus, Fergusonus, et Shephardus. His prima deliberatio [J. 163J unde sumendum auspicium, a generali per Angliam et Scotiam Insurrectione eodem tempore, an a Caroli et Eboracensis nece? Et posterius placuit, quod aliud nimis arduum videretur. Deinde quaesitum, quid postea factu opus? An scilicet Monmuthius in Thronum elevandus ? an vero Richardus Cromwellus, Cromwelli Archirebellis et Tyranni filius, qui non majori suo quam fautorum ludibrio, Patri in Protectoratu successerat? Et cum uterque suas haberet fautores, res futuris consiliis decidenda relicta. Statuerunt unanimiter Annam, Eboracensis filiam virginem, alicui nobilitatis infimae intra regnum elocare, cujus liberi, si quos haberet, exterorum Principum jus ad coronam eliderent. Tum de vindicta sumenda actum: Joannem Morum, Praetura defunctum, ejusque successorem, Prichardum, una cum Vice Comitibus Londinensibus, extremo supplicio affici statuerunt, eorumque pelIes stramine fartas in Domo Civica suspendi, ad posterorum terrorem. Idem de J udicibus statutum, quorum pelles in Aula Westmonasteriensi, ubi jus dixerant, exponi voluerunt. (726) Simile fatum statutum Beaufortio, Hallifaxio, aliisque Regiis ministris, et universim omnibus Ecclesiae Protestanticae ministellis. Facinus caesi Regis Catholicis imbuendum censuerunt alii, ejusque horrore commota plebe Papistas omnes, etiam qui Larvati Papistae dicebantur erantque vere Protest antes, internecione del ere ; solus Fergusonus contendit Parricidii gloriam cum Papistis non dividendam, ob quod olim hariolabatur statuas Senatus Populi que Anglicani nomine Percussoribus ponendas, cum hac inscriptione: Patriae Liberatoribus.

*

*

Cj. Sprat, A True Account and Declaration of the Horrid Conspiracy .. 1685, p. 40. 'Varner accepts Sprat quite uncritically as his major source for th e Rye H ouse Plot as a whole.


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(727) Locus CAEDI REGIS DELECTUS. Locus Parricidio patrando aptissimus vis us Rumboldi, qui sub Cromwello meruerat, domus, sit a media via Londinum inter et Neomarkettum, octodecim passuum millibus Londino distans, et mille passibus a loco, ubi recentes equi, aliae Rhedae, satellites alii, Carolum excepturi erant. Adeoque fatigatis ut plurimum equis eo perveniebat, ideo que magis obnoxius injuriae. Earn viam inibat Carolus, quia rectior, ideo que brevior, relict a a dextris communi. Domus ipsa, et hortus lateritio muro alto et firmo cingebatur, fossa aquis repleta munito, quem viginti homines contra quingentos longo tempore defenderent, modo abessent torment a maxima. Area vicina muro ibidem cincta, tegendo militi apta. Via propter domum angusta vix xxv pedes lata, duas rhedas non capiebat, et impossibile regredi, ubi quis ingressus erat, nec progredi si currus occurreret; et statuerant conjurati, Carolo adventante, eversa carruca progressum impedire. Postea rescitum, parat os ibi loci Percuss ores ante aliquot annos, ad ejus reditum intentos, quos vitavit, per vicinum viridarium transiens, incertam ob causam, cum et antea et postea semper +prope+ illam domum transierit. (728) Adeste quotquot ubivis locorum et gentium aut Deum esse aut res humanas ab eo administrari negatis; Caroli et Eboracensis incolumitas errorem vestrum confutabit. Sciebant omnes, qua die Carolus Londinum redire statuerat; ad earn Assassini quadraginta circiter condixerant, armis ibi pridem paratis. Sed quinto ante die, ortum Neomarketti ingens incendium, cujus fumum et favillas ventus vehemens in Caroli palatium pepulit. Hinc injecta necessitas in oppositam oppidi partem migrandi; ubi cum aedes sat commodas invenisset, statuit ad diem reditui destinatum illic man ere ; et confestim mutatus ventus fumo et favillis illas quoque aedes infestavit. Unde statim funestum locum deseruit, iter Londinum versus auspicatus. (729) Londinum scripsit Romboldus se transeuntem Carolum vidisse, cum quinque tantum aut ad summam sex satellitibus ; sibi facile fuisse eum e medio tollere, modo sex illi homines adfuissent. Londini, ubi nunciatum Incendium et Caroli reditus, dixere Factiosi non casu, sed divina Providentia ortum incendium. Fergusonus vero audacter ait Deum eos sibi reservasse, graviori utique paena castigandos. (730) Haec quidem mense Martii acta, Carolo ignota ad mens em Junium adultum, quando ei patefactae Presbi-[J. 164] terianorum insidiae; unde apparuit Deum velut injecta manu illum periculo subduxisse. Carolus sola Dei cuncta cernentis Providentia tutus, periculorum securus, Windesoriam abiit; et conjurati nihilo meliores facti tum eunti tum redeunti insidias struxerunt, mutata Tragediae designata scena, manente prava voluntate. Sed omnia frustra, quia ubi Deus pro nobis, quis

*

* A. reads . Rumbald.'


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contra nos? Adversus quem non est sapientia, non est prudentia, non est consilium. (731) RIDICULUS DELATOR. Hoc tempore venit in Angliam quidam se J esuitam falso dicens, et delatorem professus, non Oatis Perjuria confirmare (quod cunctis et etiam ipsi tum videbatur impossibile) sed eadem confutare spopondit, dummodo mercede quapiam honesta animaretur. Epistolam dedit ad Carolum, Neophiti Oatis nomine subscriptam, in hunc sensum : (732) "Neophiti Oatis nomen assumo, quod sicut ille, ita ego magnum quia facere statuo, alterius dicta refutando. Dixit ille se fuisse J esuitam. IlIum in hoc falso dixisse demonstrare possum, quia nee novit quale sit in Societate Lampadarii officium, neque Secretarii Rectoris domus Probationis, neque quoties quaque hebdomada quisque lances mundet, aut Disciplinam sumat; quae ego novi. (733) "Possum ergo eum in his falsum ostendere, modo id jubeat tua Majestas. Quod si opera mea uti nolis, rogo me cuipiam opifici tyronem addicas. Neophitus Oates." Cum risu dimissus delator miser et miserabilis, ubi aliquanto tempore inopem vitam ostiatim mendicando tollerasset, ad nostrae gentis Colonias Americanas transiisse dici tur. (734) INSIDIAE D. JONES SACERDOTI STRUCTAE. Recrearunt i tius ineptiae et Catholicos et Acatholicos; illos turbavit Tonitru MenseMaii auditum, quasi nova tempestas + immineret + ; sed fuit brutum fulmen. Quidam nobili familia natus et Catholica, Catholicus et ipse,~ ostentata a factiosis opulenti matrimonii spe, manum et ani mum illis commodavit, epistolamque composuit, et deposuit in cubiculo N. Jones, Sacerdotis Secularis; in qua varia continebantur Regno turbando aptissima. Captus Jones, et una epistola ad Consilium Sacratius delata, cujus characteres noti multis Authorem prodiderunt. Un de et ipse in carcerem

*

*

A. reads in margin" J ourno's deposition: lettris 2 April is. " (It should be 23 April 1683, cf. D.L.C. MS., Ll. I, 19, f. 48v.). Philip Journo (alias Gage-his mother was the daughter of Col. Sir Henry Gage, royalist governor of Oxford during the Civil War)-according to his own information had been admitted to the novitiate of the Society eight years previous. His anonymous letter, as "Neophyte Oates," is printed in C.S.P.D., 1682, p. 618. In Jan. (?) 1683 he wrote to the Duke of York, offering to "declare ... all the Jesuits ... If you doubt whether I have been a Jesuit you may be made certain of it by Lady Powis" (C.S .P.D ., Jan.-June, 1683, p. 37). In his information of 16 March 1683 he stated that" he believed Fr. Warner, Provincial of the Jesuits, deals with the confessor of the French King, whose name he does not know, to engage that King for bringing the Popish religion into England" (Ibid., p. 112). This kind of information was a little out of fashion by then, and the King desired J ourno to be sent to the house of correction and whipped (Ibid., p. 116). ~ I.e. Henry Mansfield, younger son of Lady Ancram. He connived with William Lewis, the notorious Plot-witness, to plant treasonable papers on William Jones, alias Morgan. Jones was arrested, but the plot was exposed as a sham, and Lewis turned evidence against Mansfield (C.S.P.D., Jan.-June, 1683, pp. 198-200).


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datus, sed supplicium Publicam Pacem turbantibus debitum necessariorum ope Carolo gratorum evasit, ipsomet ultronea consciorum accusatione gratiam illam proliciente; quod in perpetuum Exilium commutata est. (735) STATUA CAROLI I ERECTA. Exeunte Maio in Peristilio Londinensi (Bursam vocant, quo mer cat ores de suis negociis actum conveniunt) restituta est loculamento suo Caroli I statua, cum hac Inscriptione: EIKD.N

BA~IAIKH

Serenissimi ac Religiosissimi Principis Caroli Primi, Angliae, Scotiae, Franciae, Hiberniae Regis, Fidei Defensoris, (Bis martyris, in corpore et in effigie) Impiis Rebellium manibus ex hoc loco deturbata et confracta A.D. MDCXLVIII. Restituta et hic demum collocata A.D. MDCLXXXIII. (736) Consilium Civicum hoc fieri curavit, quo optimi Principi honori et Memoriae satisfacerent pro virili, dejecta ipsius statua, probrosa, vacuo Loculo addita inscriptione: Exiit Tyrannus. (737) Statuit ulterius visitanda publica civitatis Tabellaria; x omnibus auferenda et igne comburenda etiam a Registris Publicis quaecunque Acta et gesta contra Leges tempore Bellorum civilium atque recentium Motuum; eadem [J. 165J ex hominum memoria deleturum, si fieri posset, ut nullum extaret Perfidiae Civitatis monumentum, quod Posteri imitentur. Addito insuper decreto, quo in Praetore et Aldermannis agnoscitur suffragium negativum, sive jus in irritum mittendi quaecunque ab Artificum CoIlegiis etiam unanimiter sciscuntur. Sic luxata Factiosorum consiliis et violentia, civitatis membra antiquis locis restituta, concordiae nexu coIligata sunt, et capiti suo devincta, Regi nimirum. (738) LONDINUM PRIVILEGIA AMITTIT. Placari poterat quidem Carolus praesenti civium illi parentium voluntate, nisi satius visum fuisset voluntatem non parendi radicitus evellere, ne Potestate quidem relicta. Londini Privilegia nobilissima in Jus vocata fuisse, ante biennium retuli. IlIa hac aestate irrita esse jussere Judices; unde civitas +nuper nobilissima, + capite minuta, ad ignobilis oppidi formam redacta, suo rum civium inconsultam superbiam, pervicacem audaciam, frustra deploravit; cum quae leges dare Regi praesumpserat et toto Regno praescribere, omnis Jugi impatiens, jugum subire, fasces submittere, Leges et Magistratus, quos voluit Carolus, suscipere coacta est. Tamen humillime supplicantibus Praetore, Aldermannis, aliisque Factionis veneno puris, datae levissimae leges: Civitatis Magistratus praecipui solito more eliguntor; officia tamen sua ne


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adeunto, quacunque electione, donec Rex earn ratam habuerit. Si cives bis eligant in Praetorem aliumve Magistratum civem Regi non gratum, huic jus esto alium nominandi. Minorum Magistratuum Electio antiquo more peragitor, in aliquibus levis momenti mutato. In Concilio Civico propositae hae leges, majori et potiori parti placuere, ob decessorum suorum mala merita timenti graviores. Reliquae per totam Angliam civitates, sua Privilegia ultro fere dediderunt, ea se tueri posse desperantes, quandoquidem Londinum non fuit resistendo. (739) PRESBITERIANORUM CONJURATIO DETEGITUR. Jam advenerat tempus, quo Deus constituerat abscondita opera manifestare et nequam cordium revelare secreta, usus ad id opera J osiae Keelingi ejusque fratris Joannis, civium Londinensium. Prior J enkinsio" qui Carolo a secretis, rem detulit. Indicii rumore sparso, audaciores quique arm a respiciebant et subitum impetum, alii alia; verum deliberandi tempus et omnia consilia mali imminentis metus abstulit, Apparitoribus ad eos comprehendendos discurrentibus. Capti prim urn Westus, Juris Anglici Peritus; exinde Essexius, Russellus, Sydneius, Hambdenus, aliique. Edictis vulgatis Carolus Monmuthium, Grayum, Armestrongium, et Fergusonum comprehendi jussit, bis mille scutis eorum quemlibet intercipienti addictis.:: Armstrongius ex Hollandia) Holliwayus ex America, retracti. Monmuthius parabilem facile apud Indulgentissimum Patrem veniam sperans, e latibulis suis binis epistolis ad eum datis, culpam deprecatus est, inter temerariam et inconsultam J uventutem suam et callidas factiosorum artes divisam. Meliora spopondit in posterum, et ea se revelaturum, quae Carolum scire intererat. Hinc ad Carolum data fide admissus, in genua procumbens culpam +reliquam agnovit, solum in Caroli vitam se nunquam conjurasse constanter asseveravit, + sibi remitti humillime petiit, et intercessore usus Eboracensi; illud unice rogans, ne testimonium in alios complices ferre cogeretur. Certum est ex Relatione Regio nomine vulgata eum Carolo et Eboracensi clam indicasse neminem e Ministellis Presbiterianis conjurationis immunem esse. Caeterum cum gratia Monmuthio facta constare vellent [j. 166J Factiosi nullam initam fuisse conspirationem, suos omnes criminis puros, injuria plexos, qui de eo damnati fuerant, Carolo item compertum esset, aliquos suspectos, alios conjurationis compertos Monmuthii limina terere, frui consortio, nec iste hos excluderet etiam admonitus, Patris gratia excidit, et in Belgiam trajecit, un de non nisi post mortem Caroli rediit.

*

*

The attack on municipal charters and initiation of quo warranto proceedings were nothing new, but were simply an intensification of the royal policy of control of municipal oligarchies which dated back to the Restoration. (Cj. Sacret, The Restoration Government and Municipal Corporations, E.H.R., xlv, 232, and Pape, The Restoration Government and the Corporation oj Newcastle-under-Lyme, pp. 1-3.) , I.e. Sir Leoline Jenkins. :I: Steele 3748, dated 28 June 1683.


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399

(740) DE CONSPIRATORIBUS SUMPTUM SUPPLICIUM. Instituta quamprimum in captivos Actio, dati testes omni exceptione majores, producta in lucem conjurationis indicia, arma in Reorum aedibus inventa, viros paratos, pecuniam &c., quae omnem de Conjuratione dubitationem excludebant. Pleraque, quorum accusabantur, Rei confessi sunt, ubi viderunt frustra contra manifest am Veritatem ea negari. Russellus agnovit se conatum fuisse pacem public am turbare, concitata in seditionem Plebe +(etiam satellites Regios profligare voluisse; quod jure non essent instituti);+ sed negavit id capitale esse, effectu non secuto. + Agnovit a variis aliis alia longe graviora in deliberationem vocata, sed ingenia violenta illi displicuisse. + . Sydneius ait se in turbis civilibus educatum, Parlamento adhaesisse contra Monarchiam pugnanti. Victricem Plebis in Regem arma gerentis causam Deo gratam fuisse, multis miraculis ostensum (victorias intelligit de Regiis exercitibus reportatas) . In ejus Musaeo repertus liber, ipsiusmet manu scriptus, contra Regimen Monarchicum, in quo Reges a Plebe constitui docet, et ab eadem ubi libuerit destitui posse; quae respondit a se scripta exercendi stili causa. N otatu dignum ejus lemma: Semper erit, semperque fuit inimica Tyrannis Haec manus . .... . Nec Oedipo opus, ut sciamus quinam illi Tyranni fuerint, quibus perpetuas inimicitias denunciat. Russellus dum causam diceret , conquestus est se non satis tempestive monitum ad defensionem, cum tantum undecim dies illi fuissent dati. Respondit ei Procurator Regius: " Vos ne quidem tot horas eratis Regi permissuri, quibus se ad certam mortem pararet." (741) Uterque ad consuetum Perduellium supplicium damnatus; sed utriusque familiae datum Caroli Indulgentia, ut securi ferirentur. Russellus suam Innocentiam ad extremum testatus, se nihil morte dignum fecisse asseruit. Sydneius facta sibi objecta agnovit, sed negavit esse crimina, quod Carolus jure occidi, et in Plebem Potestatem summam transferri, licite posset. Essexius multis et opibus et honoribus a Carolo auctus, ingrati in Benefactorem suum animi pudoris impatiens, non expectata mortis sent entia, sua ips ius manu praesectis scalpello faucibus, occubuit, magno Caroli dolore, cui ob Patris illius merit a verosimiliter pepercisset. Walcottus (quem diximus in exilio Shaft esburio comitem adhaesisse) fassus est se conjurationis participem fuisse; sibi delatam Regem occidendi Provinciam a se repudiatam, qui probrosum censebat viro armato alterum inermem interimere; se statuisse satellites Regios aggredi, dum alii minus generosi muliebre facinus peragerent Carolum ejusque fratrem trucidando. (742) Plexus est et Honus, scriniarius, Collegii (de quo supra) socius; qui fassus est, se a multis ann is in omnes occasiones Carolum e medio tollendi attentum fuisse. In Campanili Londini stetisse, ut transeuntem prope Balista trajiceret. Addidit id ab aliis F


400

E GLISH PERSE UTI

N

OF

ATHOLI

sibi persuasum, ad leniendam facinoris atrocitatem. Rousus, ejus in peccato socius, eum in paena secutus est. Agnovit se mortem meruisse, nihil a vero alienum illi objectum fuisse; teterrima se a veris Protestantibus audivisse, quos dixit esse hominum scelestissimos. Omnium nullus, excepto forte Russello, qui non conjurationem agnoverit, et varia dixerit primis Indicibus ignota. Illud inauditum ex destinatis Caroli Percussoribus aliquem dixisse, se absque vel minimo scrupulo Carolum et Eboracensem e medio fuisse sublaturum, quod essent morte digni; doluisse tantum, quod forte eorum Auriga, qui vir esset innocens, una occidi deberet, ad sistendam [f. 167J Rhedam, ne concitatis equis Carolum periculo subduceret. Talia monstra alit Ecclesia vere Protestantica! (743) Armestrongus Lugduni Batavorum deprehensus, in Angliam reductus, anno sequenti, MDCLXXXIV, xiv Junii causam dixit *; xx ejusdem mensis ultimo perduellium supplicio affect us est; corporis Partes in v arias civitates transmissae, palam suspendendae, in quibus peccarat, una Staffordiam, unde fuerat ad Parlamentum destinatus. Rombaldus fuga supplicium distulit, non evasit; quod in Scotia subiit cum Argylio captus post biennium. Alii multi supplicio affecti, multis tamen parcitum, etiam compertis, quod ad perniciem pUblicam pertineret in omnes sontes animadvertere. Unde Walcottus pro patibulo dixit tam late sparsam conspirationem, ut Amnistia opus esset. Grayus captus Apparitori creditus, ut in Turrim Londinensem duceretur. Sed in Oenopolio dato custodi suo vino, dum iste dormit, fuga se subduxit. In Graii domo arma multa inventa; quorum ali qua dixit a Majoribus relicta, alia Papisticae Conjurationis metu coempta recens. In Hollandiam aufugit, un de cum Monmuthio reversus, Equitatui Praefectus; post partium cladem captus, venia donatus est, sive quod e praelio fugiens equitatum una rapuit in fugam, sive seria Paenitentia et integra confessione illam promeritus est. (744) DE CONJURATIONE DETECTA GRATULATIONES. Pro detect a conjuratione, Caroli jussu per omnes ipsius Ditiones solemnes Deo Gratiarum Actiones, cujus solius beneficio periculum discussum sensit. Secutae Gratulantium turbae, quarum agmen duxit Praetor Londinensis cum Aldermannis et toto Consilio Civico. Secutae aliae civitates et frequentiora quaeque per Angliam oppida. Et Humanitatis officio per suos Legatos functi externi Principes, etiam Acatholici. Unde patet quantum Papisticam Conjurationem inter, et istam Presbiterianam, discrimen communis omnium Gentium opinio statueret; de illius detectione nerno congratulatus est, nerno non est de istius; quod

* He was sentenced to death as an outlaw, and not tried for treason:

c/. supra (ยง 331, and note).


ENGLl

H

PER E UTION OF CATHOLIC

401

scilicet illam fictam; istam veram crediderunt. Rex Christianissimus in Caroli Amici, faederati et cognati gratiam, edicto vulgato Monmuthium, Grayum, Armestrongium et Fergusonem comprehendi jussit, si uspiam intra ejus ditiones comparerent, premio quinquies mille et quingentos libris Gallicanis eorum quemlibet capienti adpromissis; et merito quidem, cum ejusmodi facinora in Monarcham unum designata, cunctos afficiant, quorum Dignitas una, par Majestas; multumque refert, omnes sciant talia designantibus nusquam dari tutum perfugium. (745) UNIVERSITATIS OXONIENSIS CENSURA. Universitas Oxoniensis, ut Regimini undique oppugnato quo posset modo subveniret, xxviii Propositiones Imperiis pestilentes ex Buchanano, Miltono, Hobsio, Gudwino,* aliisque decerptas justissima censura confixit ut falsas, seditiosas, impias, magna ex parte haereticas, et blasphemas, Christianae Religioni probrosas, et omnis Regiminis cum Civilis tum Ecc1esiastici destructivas; librosque e quibus extracti, comburi jussit. ~ Propositi ones sequuntur [see translation]. (746) Haec non Facultas modo Theologica, cujus ad forum spectat de Doctrinis haereticis erroneisve cognoscere, sed tota Universitas, id est, omnes Facultates simul, quod alibi aut raro aut nunquam fit. Habet quaeque Facultas suos terminos, extra quos haud temere progreditur, intra quos tota occupatur. Quod medicorum est, Promittunt medici, tractant fabrilia jabri. Sed Anglicana et Calviniana haeresis alios mores invexit, omnium ordinum, omnium facultatum confusione inducta. Ubi formanda Lyturgia, cum Ecc1esiasticis Laici aequo numero, pari suffragii jure donatio Ubi condenda Fidei Professio, accersuntur cum Ministellis et Laici. Ubi figendae de rebus Ecc1esiasticis leges, ferendi canones, adhibentur et Laici; ut merito dici possit Religio Laica, a Laicis format a, a Laicis promota, a Laicis gubernata. Et quidem Universitas ilIa officio suo functa est, quod penes se erat faciendo, licet nihil in de boni spectari posset. Quam enim rationem habere poterant Censurae Scholasticae Laici, qui didicerant sus que deque habere Dogmaticas Ecclesiae Declarationes? Cur timerent ista fulgetra, qui Conciliorum Generalium fulmina esse temnenda his Doctoribus hauserant ? (747) GEORGI! MORLAEI MORS. Concessit ad plures hoc anno Georgius Morlaeus, Theologiae Protestanticae Doctor et Pseudo Episcopus vVintoniensis. Hujus anni initio in lucem emisit varia contra Catholicos scripta opuscula, quae festinato lab ore confutasse

*

Perhaps Warner would not have been so enthusiastic a bout t he action of the University of Oxford had he known that they also included some works of Bellarmine and Parsons in their condemnation. ~ Cj. H.M.C., Kenyon, pp. 163- 0, and Wing O. 801- 8U3 .


402

ENGLISH PERSECUTION OF

ATHOLICS

*

visus hujus hystoriae scriptor. Vir magnae apud suos auctoritatis, Nobilis, et opulentae prae ali is E cclesiae factus Episcopus, Calvinianum Regimen probare non poterat, quia viro opum et Authoritatis amanti non placebat Ecclesiasticorum paritas, classium Libertas, Sacrorum Ministrorum Egestas. Caetera Calvini dogmatis, Ecclesiae Anglicanae non gratis, addictus. Unde de Calvinismo accusatus, odioso Aulae per ea tempora crimine, edito libro ; cujus Authorem in jus vocavit ob violatam de Scandalo Magnatum legem; quem opimo beneficio et MCC scutis mactandum curavit., (748) Memorabilis hic annus tum Teckelii in Hungaria rebellione, tum Turcarum Viennam Austriae obsidentium clade, tum Annae Teresiae Austriacae, Galliae Reginae, at que Alphonsi Lusitaniae Regis morte; +tum matrimonio Georgii, Dani Regis fratris, cum Anna Eboracensis filia; tum Tingi, destructis munitionibus, obturato portu, deportatis in Europam civibus, ab Anglis relict a :t; + tum denique raro visa frigore, quo ita constrictus Tamesis, ut glacies quibusvis oneribus ferendis par esset. Erectae super earn tabernae publicae, assatus in eis Bos integer, Tauri cum Molossis commissi. Equi, Rhedae, Currus, ultro citroque velut in solido commearunt, idque in fiuvio quarumlibet navium patiente; haec tanta piscium clade, non in Lacubus tantum et fiuviis, verum etiam in mari, ut sequenti quadragesima ter quaque hebdomada [cum] Catholicis in eorum esu dispensatum fuerit. Auxit miraculum, quod per brevi duarum circiter horarum spacio innoxie soluta glacie, fiuvius, qui currus tulerat, navigiis patuit.

*

I.e. Several Treatises written upon Several Occasions, By the Right Reverend Father in God, George Lord Bishop of Winton .. , London, 1683 (Wing M. 2796). Morley had been chaplain to Anne Hyde; and was regarded as being partly responsible for her conversion. Warner replied with Duarum Epistolarum a Doctiss. D. Georgi o Morlaeo... auctore N.N. MDCLXXXIII, and A Revision of Doctor George Morlei's Judgement . .. by L.W., 1683. This was answered by The Revision Revised . . . or a Vindication of the Right Reverend Father in God, George, JJord Bishop of Winton ... London 1684. , Cj. the Postscript to Several Treatises and Elymas the Sorcerer .. , by Thomas Jones, sometime Domestick and Naval Chaplain to his Royal Highness the Duke of York ... MDCLXXXII (Wing J. 992), and A Fuller Answer to Elimas the Sorcerer ... by Dr. Ric.hard Watson, Chaplain to His Royal Highness. . . MDCLXXXIIJ. :t For the destruction of Tangier see Pepys's so-called "second diary." printed in The Letters and Second Diary of Samuel Pepys, ed. R. G. Howarth, 1932, p. 379 sq.


[f. 170J

LIBER VIII. MDCLXXXIV et MDCLXXXV.

(749) ARGUMENTUM. Gulielmi Petre mors, et ad Carolum epistola. Proceres Catholici captivi liberantur. Antonii Hunteri Mors. Oatis Epistolae ad Secretarios Caroli, et libellus supplex ad ejus Consilium. Ad ea responsio. Actio in Hamdenum. Carolus moritur Catholicus. Ejus duo scripta. Ejusdem Epitaphium. Jacobus pacifice Regni Possessionem adit. Argylius in Scotia, Monmuthius in Anglia; uterque caesus, captus, et supplicio affectus. Staffordi innocentia agnita. Oatis Perjurii damnatus. Itemq~e Prancius. Catholici Godefridi caede purgantur. Duplex Legatio Romam. Hystoriae finis. (750) Novus hie annus, ut eventus insignes et inexpectatos habuit, ita magnas rerum vices in longum portendere visus est. Liber iste, +gesta duobus annis complexus, + Catholicorum Innocentiam, Presbiterianorum Perfidiam, Oatis Perjuria, quaecunque denique dicta sunt, clara in luce collocabit. (751) GULIELMI PETRE MORS. Hujus anni initio naturae debitum solvit Illustrissimus Baro Gulielmus Petre, carceris aerumnis consumptus, sanctis Ecclesiae Sacramentis rite munitus. Is ab Oate inter primos accusatus, Turri Londinensi mancipatus, contracto ibi languore diu decubuit; cumque nullum ejus morbo remedium expertissimis Medicis occurreret praeter liberiorem auram, hujus sibi facultatem dari, saltern adhibitis custodibus, libellis supplicibus Carolo ejusque consilio oblatis, frustra petiit. Reliquit Epistolam ubi obiisset, Carolo tradendam, in hunc sensum [see translationJ. Qui tertio post die animam suam Creatori suo reddidit. (752) CAPTlVI PROCERES LIBERANTUR. Supererant in Turri Londini captivi Proceres, Comites Danbius ~ et Powisius, Barones Arundelius, et Bellasius, Angli, atque Comes Tyronius, Hibernus. De his, datis vadibus, in Libertatem restituendis serio actum. Judices, an id liceret inconsulto Parlamento interrogati, responderunt una voce, licere. Fidei Jussores, sive vades, pro Danbio, dati Duces Somersettus et Albemallius atque Comites Oxfordius et Chesterfeldus; pro Powisio Duces N orfolcius et Beaufortius et Comites Pembrokius et Petroburgus; pro Arundelio Comites Dorsettus, Scarisdalius, Bathius, et Clarendonus; pro Bellasio Comites Ailesburius et Westmorlandus, Vice-Comes Falconbrigius, et Joannes Talbottus, eques auratus. Pro Tyronio, Comites Roscommonius, Monsalenandrius, et Carlingfordus, atque Baro Annesleius. Tyronius suam causam ab aliis longe diversam

*

* Printed in Foley, v , 89.

~ Cf. The Earl of Danby in the T ower, b y F. M. G. Evans, Transactions R.H.S., 4th S('ries, 1929.


404

ENGLI. H PER SEC

TTON

F

ATHOLI

esse ait, quod omnes qui eum accusarant, ob varia facinora fuissent extremo supplicio affecti. A captivis exacta sponsio, Superiori Conclavi se sistendi, ubi Parlamentum convocatum foret, nec inde, nisi ejus permissu, discedendi; mulct a si fidem fefellissent imposita singulis captivis xl millium scutorum, vadibus vero singulis xx millium. Et fidem suam vadiumque liberarunt anna sequenti, celebratis a Jacobo II. [comitiis: AJ, rerum, mortuo Carolo, potito, quando a Proceribus agnita eorum Innocentia, plenae libertati restituti sunt. (753) Eboracensis, versaretur licet in Aula, ex quo tamen e Scotia rediit, nullo publico officio functus est. Tandem hujus anni initio a Carolo in Sacratius Consilium adlectus, eo deinceps nunquam abstinuit. (754) Carolo hoc anna erect a pedestris statu a in media Peristillid Londinensis (Bursa vocatur) Area, cum hac I nscriptione : Carolo II. Caesari Britannica, Patriae Patri Regum optima, clement is sima , Augustissimo, Generis Humani Deliciis, Utriusque Fortunae Victori, Maris Domino, ac Vindici Societas Mercatorum Adventur. Angliae, Quae per CCCC jam prope annos Regia Benignitate floret, Fidei intemeratae, Gratituidnis Aeternae, Hoc testimonium Venerabunda Posuit, Anno Salutis Humanae MDCLXXXIV. (755) ANTONI! HUNTERI MORS. Hoc tempore* Naturae debitum in carcere solvit Antonius Hunterus S.]., a quinquennio captivus, a quadrennio morti adjudicatus; susceptis pientissime cunctis Ecclesiae Sacramentis. (756) [f. 172J OATIS EPISTOLAE AD SECRETARIOS REGIOS. Famosus ille Oates olim omnium acatholicorum oraculum, nunc vera ludibrium, cum vix prodire auderet, Plebis metu, eum avis putridis et subinde lapidibus pulsantis, non solis conviciis contentae, quae aliquandiu tacitus tulit, et publico abstinuit; tandem injuriae¡ impatiens, litteris ad eos qui Carolo a Secretis datis, conquestus se magnis suis in Carolum meritis indigna pati; remedium adhibendum monet. Addit se aliqua habere summi momenti Carolo nuncianda, modo eum sine periculo adire liceat; quod nisi satellitibus stipatus, fieri nequiret. +Ad eosdem destinat+ libellum supplicem Sacratiori Consilio exhibendum, quo petit silentium indici Lestrangio, Catholicorum Innocentiae

* 24 January 1684 (Bowler, C.R.S., xxxiv, 370).


ENGLISH PERSE UTION OF

405

ATHOLI S

vindici, Conjurationi horum praestitam Fidem convellenti, quam ipse, Oates, Carolo et quatuor Parlamentis probaverat. (757) Ei responderunt Secretarii, si quid Caroli noticia dignum habeat, illud deferat ad proximum Eirenarcham. Et Sacratius Consilium ejus libello respondit: pat ere Tribunalia; Lestrangium in Jus vocet, si qua in re leges violasset. Paulo post in media civitate (quis id olim futurum sperasset?) ab Apparitore captus est ob aes alienum non magnum (ad centum scuta non ascendebat) , cumque ex amicis nemo summam illam repraesentaret, quantum penes eum erat argenti facti +infective+ tradidit ipse; reliquum certum intra tempus solvendum, datis vadibus, spopondit. Apparitori discedenti dixit, si tale facinus ante triennium aggressus fuisset, non impune fuisse laturum. Sic vincula effugit, sed ad breve tempus; si quid em Dica in eum parata, +de Scandalo Magnatum Eboracensis nomine+ in carcerem dictus est; et lite rite contestata +cccc scutorum millibus mulctatus est, et ut in carcere maneret donec solvisset. Alia deinde in eum Perjurii intentata, cujus cognitio+ ampliata in vi Feb. sequentis anni, Actio est; deinde cum Carolus eo ipso die mortuus esset, data necessario ulterior dilatio. (758) ACTIO IN HAMBDENUM. Interea instituta est in J oannem Hambdenum Actio, quod in publicum variis modis peccasset; unus testis eum Majestatis accusavit; alii de aliis; imposita tantum est gravis mulcta CLX. millium scutorum; captivus maneret, donec solvisset et vades dedisset probae vitae et quietae in posterum. Postea instituta in eum Actio Majestatis an. D. MDCLXXXV pluresque in eum dati Testes, cum ipse causae suae diffidens, humili et ultronea criminis agnitione + Testium Accusationem praevenit; hinc+ consueto Perduellium supplicio adjudicatus est. Valuit ad Misericordiam a Jacobo obtinendam tum culpae confessio spontanea, tum aliquorum apud ilium intercessio pro eo, tum denique quod ferretur Catholicis ei vicinis favisse, etiam difficillimis temporibus. (759) FACTIOSI TUMULTUANTUR. Non quiescebant interea partibus addicti Ministelli ad Seditionem concitare Plebem, non alio fere in Anglia fructu, quam ut malum sibimet accerserent. Non ita pacata Scotia, in qua ausi LII viri armati, quorum XVI equites, affixa val vis Ecclesiae aliisque locis publicis in oppido xiii passuum millibus Edinburgo distante charta, Carolo Stuarto (non alio nomine sine ullo titulo Regem dignati sunt) bellum, ei adhaerentibus omnibus internecionem denunciare. Et invent os in hospicio publico Duos Regis Satellites trucidarunt, cadaveribus barbare in frustra dissectis, quae inter se partiti sunt. Statimque fuga dilapsi at que dispersi, quisque domum suam se recepit, lnilitis Regii eo accurrentis metu; et larium obscuritate tuti delituerunt. Sic Perduellium supplicio circumactus est hic Annus.

*

*

Oates's appeal, in reply to L'Estrange, is reprinted in Somers Tracts (ed. Walter Scott), viii, 378.


406

ENGLISH PERSECUTION OF CATHOLICS

(760) 1685: CAROLI MORS. Quem excepit Annu MDCLXXXV, Caroli morte funestus, sed pacifica Jacobi successione, +victoriis et triumphis,+ partiumque tum in Anglia tum in Scotia clade, gloriosus. ii Februarii die, Carolus, dum mane vestes sibi aptaret, Apoplexia correptus concidit, et plane mortuus videbatur. Sed aperta illico vena et alia remedia prompte adhibita eatenus valuerunt, ut sibi restitueretuf, adeo ut ali is , etiam Medicis, periculo defunctus videretur, sed non ipsi, qui constantissime asserebat, sibi moriendum esse. Totum ergo tempus, quod curando corpori supererat, procurandae aeternae saluti animae suae impendit, accersitoque ex B. Benedicti familia Religiosa facta Fidei Catholicae Professione, in Ecclesiae Sacerdote, gremium [J. 173] admissus, totius vitae peccata magno cum dolore confessus est; de Persecutione Catholicis insontibus illata maxime doluit. In Deum tenerrimo affectu ferebatur, quem dicebat sui causa quinque fecisse miracula: primum, quo die natus ipse, sole ad meridianum accedente, in sudo caelo stella clara luce fulgere visa et a Patre Carolo et civibus Londinensibus; alterum, quod fuso fugatoque ejus exercitu Worcestriae, in ipso fere Anglia Meditullio, acerrime vigilantibus ad eum intercipiendum rebellibus, eorum vitatis insidiis, salvus et incolumis in Continentem evaserit; tertium, quod avitum Regnum sine sanguine recepisset; quartum, quod vitasset insidias toties ei structas a Presbiterianis aliisque cum istis consilia sociantibus; quint urn, quod in Ecclesiae Catholicae, quam acriter impugnarat, Pace atque Communione moreretur. Susceptas ex variis pellicibus proles Eboracensi impense commendavit, recensitis singulorum nominibus, excepto Monmuthio; quod cum Eboracensis solius memoriae defectu factum crederet, ideoque de eo mentionem fecisset, respondit Carolus se non libenter de eo cogitare, qui ob ingrati animi vicium indignum se fecerat nomine Filii. (761) Mortuus est anno vitae suae LIV, regni XXXVI, quorum XII in exilio egit. Princeps maximis comparandus, si vagae veneri moderatus fuisset, et publicis Regni negociis tractandis animum suum magis adhibuisset, quae plerunque aliis permittebat; quibus attribuendum quod secius ab eo factum, maxime atrox in Catholicos, ipsius etiam judicio innocentes excitata Tempestas, quam initio speraverat citra sanguinem desaevituram; nec praevidebat ita commotam in Plebem, ut non esset futurum in ejus Potestate illam compescere. Mirum quod qui a sanguine etiam noxio fundendo abhorrebat, innoxii fiuvium effuderit. (762) Ejus Prudentiae debet Anglia praesentem qua fruitur Pace) cum non Rebellionem nascentem extinxerit tantum, verum etiam ejus radices et intimas fibras exciderit, exuto suis J uribus Privilegiisque Londino, qui bus ad excitanda et alenda bella

*

* I.e.

p. 225).

Fr. John Huddlesdon, O.S.B.

(Weldon, Chronological Notes,


407

ENGLISH PERSECUTION OF CATHOLIC

abutebatur. +Summum ejus adversus Politicae Leges crimen, nimia lenitas et in sontes Indulgentia, Justitiae gladium vibrare nolens, nisi ultima necessitate coactus. Un de auctus Factiosis animus, quasi impune ei illudere possent , cui nullum in cornu foenum .+ (763) In demortui scrinio inventa duo scripta, ipsius manu exarata, quibus Haeresin evertit, Catholicae Fidei Veritatem adstruit, et ostendit necessariam esse cum Ecclesia Romana communionem ad salutem obtinendam. Quae latio donata haec habent [see translation]. (766) Haec Gloriosae Memoriae Princeps. Unde patet non post ultimum paroxismum primum natam ei voluntatem Catholicam fidem amplectendi, si quidem de eo serio deliberarat antea, et omnibus accurate perpensis, penes se statuerat necessariam ad salutem obtinendam esse cum Ecclesia Catholica Romana communionem. Haec scripta ipsius Caroli manu exarata fuisse, et in ipsius scriniis reperta, suo chirographo testari dignatus est, qui ei successit in Regia Dignitate Jacobus; qui, quo ea veritas magis constaret, ipsa Autographa, quinque Pseudo-Episcopis Protestantibus, quibus optime noti Caroh Characteres, ostendit, ut ipsis primum, deinde per eos aliis id pateret. Ausi tamen aliqui ea hbelJis famosis accensere; sed clam. Apparuit non ita multo post aliqua Responsio ab Anonimis Ministellis edita,~ putidis cavillis claras rationes convellere conantibus; cui duo Catholici, Laicus alter,:t alter Sacerdos, ยง ita replicarunt, ut arena cesserint Ministelli. (767) Statuerat Carolus morti vicinus, in Ecclesiae Catholicae gremium admissus, Fidei, quam corde crediderat ad Justitiam , ore professionem publicam facere ad salutem. Sed id proceribus ei adstantibus non est probatum, neque Jacobo +visum necessarium.+ (768) Sequens ei Epitaphium scripsit Odoardus Cuffaudus, Soc. J esu, emeritus senex, magno affectu desuetas diu Musas sollicitans. Hoc Carolus, Caroli soboles, sub marmore dormit, Magna Britannorum Gloria, magnus Amor. Suavior ingenio nullus, nec fortior Armis, Vincere cura fuit , parcere cur a fuit,

*

**

* I.e. Printed as Copies of Two Papers. .. 1686 (Wing C. 2943, 2944). Edward Stillingfteet's An Answer to Some Papers lately printed . .. ~

1686.

:t Presumably Warner is referring to Dryden. But in A Defence of the Papers . . . . 1686 (Wing D. 2261) Dryden contributed only the third part, a defence of the Duchess of York's conversion. ยง This must be the author of the anonymous A Reply to the Answer made upon the three Royal Papers . .. 1686, because Dom. John Huddlesdon's Short and Plain Way to the Faith and Church (Wing H.3257) was not printed till 1688. For full bibliography see Gill ow, ii, 127, and iii, 469. Warner is over-sanguine. The controversy continued after the Catholic defences. .

**


40R

E

GLJ _H PERSECUTIO

OF

ATHOLJ ,

Tempora Mansueti et Fortis meruere Coronas, Magne Gradive tuas, magna Minerva tuas. Fulgebas nuper Diademate triplice, crines Sed decuere magis civic a serta tuos. Heu quoties Martis, quoties discrimina Mortis Vicisti! CaeIi tegmine tutus eras. Quis legat Annales Caroli sine fietibus? Eheu, Orbus eras Regnis, et Genitore Puer. Non refricanda tamen male sani vulnera Regni, Quae tumulo gaudes esse sepulta tuo. , ed Carolinus Amor fataIem nesciet Urnam, Propria nam Caroli Gloria, Fidus Amor. Nunc conjux, Fraterque tuus venerantur Amorem, Ambo nam curae sunt monument a tuae. [f.I?6] Raptus es a nobis nimium velociter, oHm Debueras caeli scandere TempIa senex. Praeproperum quamvis tibi Mors lunaverit arcum, N ec tibi terribilis, nec tibi torva fuit. Mors tibi bIanda fuit, meIioris J anua vitae. Mors fuit, 0 Cress a Mors* memoranda nota. Crimina quod Carolus saepe ignoscenda putavit, In CaroIum Christi mitior urna fuit. Quod toties hostes sis amplexatus amice, In gremio Christus te fovet ipse suo. Regibus haec magnis moriens exempla relinquis, Admiranda quidem, vix imitanda tamen. Occidis, ah! Pylios transcendere dignior annos, Occidis Heroi Gloria magna Chori: Dilectus semper Superis, Fratrique, Torique Consorti: Populus collachrimatur adhuc. (769) JACOBUS REX SUCCEDIT. Caroli morte vacantem Thronum Jacobus conscendit, adita Aviti Regni haereditario Jure sibi debita successione, nemine contradicente, cunctis in speciem plaudentibus. Qui convocatis quotquot aderant Proceribus dec1aravit se Coronae Jura asserturum, sed citra subditorum injuriam, quibus Jus dicturus esset ex Legum Praescripto; de Ecc1esia Anglicana se optime sentire (licet ab ejus communione alienus) eamque se tueri velIe, quod diffici1limis temporibus Regia Jura defendisset; non aIiam se unquam ambiturum Potestatem, quam quae Legibus conceditur, quicquid aIiqui in contrarium dixerint, sibi et in hoc et in muItis aliis maligne calumniati, quasi Despoticum esset Regimen arrepturus. ~ (770) Indicta Comitia cum in Anglia, tum in Scotia. Dum ad ea cuncta respiciunt in utroque Regno. Monmuthius et Argylius in Hollandia delitescentes non ociantur. Argylio publica senten-

*

Cj. Horace Odes, I, 36, 10. , Cf. A n A ccount of What his M ajcsty said at his first coming to Council . .. 6 February 1684/5 ('iVing J. 150, and Steele, 3767-7]).


E _ GLISH

PERSECUTION OF CATHOLICS

409

ti.a damnato, nisi aditum in patriam ferro reseraret, redeundi nulla spes; nec magna Monmuthio, si quidem consultus sive per Epistolam sive per Amicos Jacobus, num boni consulturus esset, si rediret, respondit Monmuthio nihil fraudi fore, si extra Angliae Ditiones maneret; monuit simul ne temere rediret. Uterque itaque cum exilii et solitudinis taedio, tum amicorum, quos in utroque Regno non paucos habebant, hortatu, tum propria Ambitione transversum acti, arma occultissime parant, ne uHus eorum rumor ad Jacobum manaret, priusguam viderentur. (771) ARGYLIUS IN SCOTIA. Uterque parata parva trium navium classicula Amstelrodamo solvit, prior Argylius in Scotiam , deinde Monmuthius in Angliam. diversissimas Regiones, quo Jacobi vires et consilia distraherent. Argylius, Orcadibus (Insulae sunt ad septentrionem sitae, qua Norwegiam Scotia respicit) frustra ad defectionem tentatis, in Hebrides Insulas, ad occidentem Scotiae earn inter et Hiberniam jacentes, delatus, excensione facta, paucos vi et metu sibi adjunxit. Inde sublatis velis, Scotiae tractum occiduum ingressus, copiolas exposuit . et castro natura quidem sed non Arte munito, nemine defendente, potitus est. Inde datis ad Amicos et Clientes Epistolis, eos ad socianda in Jacobum Stuartum (non alio nomine Regem dignatus) arma amplis promissis invitavit. Dimisit etiam circum circa nuncios, Titionem ardentem hasta praeferentes, antiquo Gentis illius more, quo Gladium et ignem in auxilium suum non occurrentibus denunciabat. Coacta hoc modo tria circiter millia hominum. Verum deficiente in ora maritima Annona, castra movere coactus est, +ac statim + a copiis Regiis undique concurrentibus [f. 177J cinctus, metu dilabentibus suis, ut sibi fuga consuleret, copiolis relictis, sumpto ad dissimulandam personam Rustici habitu, a Rustico captus, Edinburgumque ductus, indicta causa (quod olim sententia capitalis in eum rite lata fuisset) , Majestatis paenas dedit, securi subjectus. (772) Rumbaldo (in cujus domo structas Fratribus Regiis Insidias supra retulimus) Argylium in Scotiam secuto, fortissime pugnanti, lethali, ut videbatur, accepto vulnere, capto, quod supererat vitae laqueus carnificis manu collo ejus injectus expressit. (773) MONMUTHIUS IN ANGLIA. Monmuthius in Australem Angliae oram delatus, in Portu, qui Lima dicitur, in Provincia Dorsettensi copiolas suas (eae CL homines eran t) exposui t: unde dato curandis corporibus, maris jactatione aegris, exiguo spatio, in interiora progreditur. Scripto typis edito, se verum esse Regem declarat, Caroli II legitimam prolem; J acobum vero intrusum, Tyrannum, Papistam, &c. , vocat; ejus caput xx. millibus scutorum licitatur; et quia Parlamentum Jacobo concors erat, huic quoque extrema minatur, vir Juventa ferox, communis sortis et humanarum rerum vicissitudinis inexpertus. Curarat ad fucum Populo faciendum, tria Biblia suis Labaris depingi;

*

* Steele,

3793.


410

ENGLISH PERSECUTION OF CATHOLICS

Papistis internecionem, veris Protestantibus eorum bona pUblicata promisit. Sed nec in ejus, nec in militum ips ius vita, quicquam Evangelii aut communis hominum pudoris apparebat. Milites suos, .quicquid occurrebat, rap ere agereque permisit, nullo prophanorum sacrumve discrimine. Nec Bonis Avaritia, nec viris violentia, nec pudicis faeminis Libido effraenis pepercit. Et ipse, verum Veneris mancipium, exemplo suo ad viam perditionis capessendam animavit, stupro virginibus, quae ad Ecdesias velut ad tutum Azylum, confugerant, vi illato. Dum vitiis debilitatum exercitum circumducit, majQribus oppidis Jacobi vigilantia exdusus, per minora grassatus, brevissimo tempore suffecturas in long urn opes et Annonam consumpsit; un de injecta pugnandi necessitas. (774) In ejus Exercitu viii circiter hominum millia numerebantur; Graium equitibus, Holmesium Peditibus praefecit, ilium belli rudem, istum veteran urn militem multis stipendiis darum, semper adversum Regibus. In regiis castris tanta securitas, ac si nulius esset hostis; Praefecti militum in vicinum se oppidum receperant, et illic altum dormiebant, nulli per vias publicas cursores, nusquam exploratores, vix pauci milites vigiles excubabant, cum ecce circa mediam noctem ardens i.n Hostes Monmuthius adest, Arma rapiunt qui in castris erant Regii; pugnatur ad tres circiter horas acriter utrinque; sed Grayus initio pugnae se subduxit, secumque in fugam totum traxit Equitatum. Peditatus tribus praeterpropter millibus omissis, et ipse fusus fugatusque est. + Holmes, amisso brachio, pugnans capitur. + Grayus Oppillionis veste sum pta sequenti die, Monmuthius biduo post, rustico sub habitu solus inter vepres inventus, captus est et ipse; prima ejus verba, ubi in Regiorum manus.incidit, fuerunt: Date quod comedam; nam esurio. Gratias merito Deo agendas decrevit Jacobus . cum ea victoria pacatum totum Regnum, cum si Monmuthius aut Superior, aut aequa manu, e pugna discessisset, Religionis illicio plerosque Acatholicos in suas partes traxisset, ut constans fert plurimorum etiamnum opinio. (775) [J. 178J Grayo gratia Perdueliionis facta; earn fugane an Partium proditione meruerit, incertum. Monmuthius earn tum criminum humili confessione et dolore ficto, tum Catholicae Religionis simulatione, obtinere frustra conatlls, capita sexto ictu amputato Majestatis paenas luit, in supplicii loco professus se illicit a copula prognatum; negavit Matrimonii vinculo Monmuthiae se unquam innexum fuisse, in quod nunquam consenserat, licet ob reverentiam Caroli Parentis id jubentis, earn in foro externo duxisse videretur; adeoque duas proles ex ea susceptas viriles, nothas esse; verum se cum Wentwortha matrimonium contraxisse, ad quam munuscula quae dam dedit e ferali Pegmate, am oris inextincti signa. De Religione tam pauca dixit, ut nullum illius sensum habuisse videretur. Holmesius Londinum ductus, examini subjectus, animum in Monarchas quoslibet infensum


ENGLISH PERSECUTION OF CATHOLICS

411

agnovit. Cumque peteretur cur ergo pro Monmuthio pugnasset, qui Monarcham agebat, respondit Partes statuisse illum quoque deponere, ubi victoria fuissent potiti. Unde constitit, quam fatuo consilio ab officio in optimos Reges, Patrem et Patruum, abductus fuerit, quorum benevolentia cum vivere posset, honoribus, quantum fert subditi conditio, circumdatus, dum supra sort em suam ascendere conatur, in eorum se dedidit potestatem, a quibus nihil nisi certum exilium sperandum. Jacobus videns Patris Fratrisque exemplo Factiosos lenitate fieri deteriores, +adeoque Misericordiae genus esse misericordiam sustinere, + de multis supplicium sumi curavit. (776) STAFFORD II INNOCENTIA AGNITA. Iterum audita in Parlamento Staffordii causa; et Conclave Superius, quod in eum sententiam tuletat, hanc irritam esse jusset, filiosque ipsius totamque familiam, quam ejus damnatio honore minuerat, in integrum restituit. (777) OATES PERJURII ACCUSATUR. ~ Oates in vinculis erat ob probrosam in Eboracensem verba (scilicet, ilium esse nequissimum, et si quis sit in Inferno locus aliis calidior, hunc Eboracensi servatum iri). Impositam diximus ei mu1ctam CCCC. M. scutorum, non quod esset solvendo, sed ne vadibus datis libertati restitueretur, cum impossibile videretur homines invenire, qui de tali summa fide juberent. In hunc ne Perjurii Dica scriberetur, totis viribus certarunt Acatholici. Dicebant causarum capitalium decisiones supremas esse debere, atque definitivas, in iis nec Appellationi neque Revisioni locum dandum, alioqui nullum fore litium finem. Id maxi me in ista causa valere, in qua tot sententiae latae, omnes consonae. Non de uno Oate agi (quod tamen satis grave esset) sed de xii viris, de Judicibus, de Regni Comitiis, Sacratiori Consilio, ipso Carolo, atque Religione vere Protestantica; eorum omnium farnam Oatis Accusatione solicitari, honorem ipso damnato salvum esse non posse. Papistis, de Reformatione triumphos parari; hos olim dixisse pulsam ab ea fidem Divinam, nunc nec Humanam relictam dicturos. Quibus oculis suum Ministelli gregem adspecturi sunt, qui Oatis dicta velut Oracula divina commendarant, si illa modo falsa declarentur? Debuisse citius intentari Perjurii litem, quo tot mala in de nata praeverterentur; nunc innoxiam esse, tametsi. constaret. Adeoque nihil ex Accusatione sperari posse boni, quam ut de Oate vindicta sumatur. (778) Ad haec Lestrangius: Causam initio instrui non potuisse, cum non constaret Testium iniquitas, et de rebus loquerentur diversissimis in locis tractatis; nec spem fuisse probos datum iri xii vir~s, a quorum aequitate litis exitus penderet; nemini licuisse impune ferre Testimonium quin statim eorumdem criminum accusatus, capitis arcesseretur; Factionem praevalidam obstitisse,

*

* See supra

(ยง 549, and note). , State Trials, vol. x, col. 1124.


412

ENGLI'R PERSECUTIO

OF

ATROLIC

quae ipsa Regiminis fundamenta convulserat; tribunalium honorem in tuto esse, cum horninibus constent errori obnoxiis, quibus homines nequam imponere possint, et qui secundum allegata et probata sententiam ferre tenentur. Illis probrosum fore, si Veritatem in Injustitia [1. 179J detinerent, et resurgentem quorumlibet calumniis eversam Innocentiam opprimerent, etiam Papistarum. Vitio non verti Curiae Rhotomagensi, quod hominem Homicidii arcessitum et supplicio affectum, vero reperto Homicida, Innocentem declaravit, cadaver tumulo inferendum, et cenotaphio haec continente honestandum jusserit. Nimis magnum nequam hominibus illicium fore, si ubi ali cui curiae semel imposuissent, de Perjuriis ratio reddi non deberet; quia certa eos maneret irnpunitas. Errare humanum esse, in errore perseverare diabolicum. Suam Innocentiam Papistas constanter asserere; os illis occludi non posse, nisi sincer~, severo et publico examine. Hoc confirmatum iri Oatis Accusationes, si verae sint; sin vero, nihil esse cur defendantur, et Juris esse eas tales declarari. Sed illud maxime premebat, quod non alia ratione turbis, quibus a sexennio agitabatur Anglia, finis imponendus esset. (779) Itaque statu tum Oatem de Perjuriis arcessendum, et dies dicta vi Februarii; sec cum eo ipso die Carolus e vivis excessisset, ampliata Actio in viii et ix Maii; quibus duo Accusationum capitalia puncta discussa: primum, num Jesuitarum interfuisset Congregationi xxiv Aprilis, A.D. MDCLXXVIII, Londini celebratae; alterum, num cum Irelando ab viii et xii Septembris ejusdem anni de Carolo e medio tollendo consultasset. Lite contest at a, dati in Oatem plusquam xx testes, plerique natalibus, omnes vita innocenter acta, sceleris pura, Illustres, eorum unus Ecclesiae Reformatae minis tell us *; qui unanimiter deposuerunt Oatem Audomarum accessisse ante festa Natalitia A.D. MDCLXXVII; illic egisse ad xxiii J unii +sequentis anni + nisi una nocte, quam egit Wattenis; totos vero menses Aprilis et Maii variis ipsius aliorumque Actis ostenderunt Audomaro non abfuisse. (780) Deinde auditi, quos pro se citarat testes; verum observatum, eorum aliquos Oati ipsi contradicere, alios in mense, alios toto anna errare; quosdam minis et promissis ad Testimonium ferendum inductos. Oates facta se defendendi potestate, duo allegavit: primo fidem suis depositionibus a variis Tribunalibus, quatuor Parlamentis, Rege, ejusque ministris habitam; secundo, Papist as esse, qui se accusabant . quibus Testimonii ferendi Jus non esset, quod credant Mendacia et Perjuria licita esse. (781) Tenuit Actio undecim horas solidas; ejus defensio futilis visa, cum nec insolens esset causas in aliquo Tribunali decisas, iterum examini subjici sine Tribunalium probro; nec ull0 Jure Papistae declarati sint intestabiles. Itaque a xii viris renunciatus est Perjurii Reus. Sequenti die de alio articulo

*

I.e. Samuel Morgan. formerly of St. Omers, and later a beneficed Church of England minister (State Trials, vol. x, col. 1125).


ENGLI 'H PER E UTIO

T

F

CATHOLI ,

413

accusatus, quando dati ab Actoribus supra xl testes, plerique Protestantes, qui jurarunt Irlandum a iv. Augusti ad xiv Septembris +A.D. MDCLXXVIII + Londini abfuisse, inque diversissima Angliae Regione egisse. Oates nullos eo die Testes dedit, solum solita Impudentia clamavit non de se tantum, sed etiam de tota Religione Reformata agi; utriusque causam ita connexam, ita implexam esse, ut una sine altera damnari non posset. xii viros judicesque acriter perstrinxit, ut sibi parum aequos, nec magistratibus, etiam interdum summo, parcens. Cum omnium indignatione audita defensio; unde secutae e vestigio xii virum secundum Actores datae vindiciae; quae magna plausu a corona exceptae. Sententia in eum lata haec habuit: "Veste Ecclesias tic a exuitor, bis virgis caeditor: ter coilo, manibusque asseribus insertis (numellis) exponitor, causa fronti majusculis litteris inscripta: PERJURIUM. Bis quotannis hoc repetitor, xxiv Aprilis et iii Septembris; perpetuis carceribus, quoad vixerit, detinet or. " (782) Ausus infamis Impostor, dum Numeilis exponeretur, dicere una secum quatuor Parlamenta, Carolum, totamque Religionem Protest antic am ludibrio haberi. (783) CATHOLICI GODEFRIDI CAEDE PURGANTUR. Supererat unica Catholicorum Accusatio, de Godefridi caede. De [f. 180] qua accusatus inter alios quidam Vernatti. Is Anglia abfuit toto fere Persecutionis tempore, non ex conscientia criminis, cujus immunis erat, sed quod aliorum exemplo didicerat, ut erant tempora, nullum in Innocentia quantumvis clara tutum Praesidium. Nunc vero ubi vidit Justitiam Tribunalibus restitutam esse, semet dedidit in carcerem, impact a Prancio qui eum accusarat Perjurii dica. Prancius vadimonium admisit; sed causae suae diffidens, ipso die, quo causa agenda, clam in consuetum Perdueilium Azylum se recepit. Ob ejus absentiam non est dilata Actio; qua Vernatti multis Testibus omni exceptione Majoribus ostendit, se in diversissima regione vixisse, dum caedes peracta est, Belgio, ni failor. Unde constitit ilIum Homicidii illius Reum esse non posse. Vindiciae secundum Innocentiam datae, et Vernatti declaratus innocens. (784) PRANCIUS PERJURII DAMNATUS. Prancius, sive Patriae necessariorumque desiderio, sive rei familiaris angustiis, sive denique conscientiae morsibus incitatus, rediit in Angliam, Jacobi clementiam imploratum, seque in captivitatem dedidit. Coram Consilio Regio examini subjectus agnovit, quaecunque in Catholicos dixerat, falsa esse; ea se dixisse contra Veritatem, J ustitiam, Conscientiamque suam, de quo doleret, hortantibus Shaftesburio, Buckingamio, aliisque. Inde in carcerem miss us de Perjurii crimine rationem redditurus. Die ei dicta, pro Tribunali Perjurii,

*

*

He was mentioned in Prance's Narrative. Vernatti's discharge from complicity in the Plot was managed by L'Estrange, whose expenses were paid by the Treasury (Cal. Treasury Books, viii, 699). Vernatti was then appointed Collector of Rochester pOri, uut lost his post at the Revolution.


414

ENGLISH PERSE UTION OF CATHOLICS

cujus accusabatur, culpam agnovit, Judicum implorata clementia. Ab his in eum lata sententia: "Per cuncta Westmonasterii Tribunalia ducitor, scripto fronti praefixo, crimen exprimens. PERJURIUM: in diversis urbis locis, in N umellis ter exponitor; semel virgis caeditor, a carcere Nova-porta dicto ad Furcas Tyburnas; mu1ctam CCCC scutorum Regi solvitor; donec solverit, in carcere detinet or. " Sed Jacobi Gratia, virgae remissae. Et rescitum postea, adeo commotam Factiosis bilem ingenua ejus Perjurii Confessione, ut si virgis fuisset caesus, vix un quam vivus in carcerem rediisset. (785) Sicque paula tim dissipatis calumniarum omnium nubibus, Catholicorum omnium et singulorum Innocentia claro lumine conspicua refulsit, Deo ipso, Veritatis fonte, ubi Perjuriis omnes premi passus esset, multos etiam opprimi, ut in caelum ad promissa propter Justitiam et Veritatem patientibus praemia sublevaret, earn paulatim aperiente, toti mundo testatam faciente, una cum summa hominum cum particularium, tum publicorum, qui tempestatem istam et conciverant, et, in quos visum, dirigebant Iniquitate. (786) DUPLEX LEGATIO ROMAM. Rebus intra Regnum in Pace compositis, Concordia fiorentibus, proxima Jacobo cura fuit, corpus cum capite, Ditiones suas cum Sancta Sede Apostolica, Christi in terris vicario, connectere, a quo ante sesquisaeculum, haeresis eas impie divulserat. Ad tentandum vadum Romam destin at An. D. MDCLXXXV. Joannem Carillum, stirpis claritudine, opulentia, Ingenii praestantia, et in fide Catholica constantia, clarissimum. Huic, rebus ex voto gestis, revocato, et una cum Illustrissimo ac Reverendissimo D.D. J oane Leyburno, Episcopo Adramiteno, qui res Ecclesiae +Apostolica Authoritate+ curaret, reverso, successit Rogerius Palmerus,.yc Comes Castlemanius, et libris pro Religione editis, et iis, quae Persecutione ista passus fuerat, clarissimus, cum titulo Legati Extraordinarii, qui Jacobi Catholicorumque ei subditorum nomine canonicam de more obedientiam testaretur. (787) HYSTORIAE FINIS. Hic atrocissimae Persecutionis exitus, [j. 181J omnium expectationi contrarius, a Deo solo, ut ab aeterno praeordinatus, ita occult a ips ius manus agitatione in tempore productus, Inimicis in foveam, quam fecerant, dejectis, et propria ruin a quod excitarant Incendium extinguentibus. Unde multi de Ecclesia Catholica pessime sentientes, ad earn respicere caeperunt. A Domino factum est istud: et est mirabile in oculis nostris.

*

*

Cj. W. M. Brady, Episcopal Succession, iii, 140. Leyburne had taken an oath at Rome not to recognize the authority of the Chapter . .yc Cf. An Account of the Embassy of Roger, Earl of Castle maine to Innocent VI from King James II .... London, 1688.


HISTORY OF THE ENGLISH PERSECUTION OF CATHOLICS AND OF THE PRESBYTERIAN PLOT BY FATHER WARNER, S.J.

(Chaplain to King James II)

BOOK IV.

1680 (443) CONTENTS. Description of Oates, and of this year. The dangers threatening Charles, and how they were dispelled. His Proclamations against bonfires and against false rumours. He recalls York from Scotland. Pamphlets of Petition for Parliament. Trial of six priests, of Castlemaine, Gascoigne, Mrs. Cellier, Hunter, Barton, Rivers and Thwing. Execution of Thwing. Lady Powis and others are set free . York is accused of Papism. Death of Bedlow. Parliament: the Lower House decides to deprive York of his right of Succession-but in vain. Shaftesbury's seditious and insolent speech in Parliament: reply to this . Impeachment of Scroggs. The Lower House opens proceedings against Stafford, and the Upper House declares him guilty. The Lord High Steward's speech against him , with comments. Stafford's last speech; his lineage. The transactions of Parliament. A terrifying comet. A storm raised against the Jesuits in Lancashire. Arnold's malicious plan. (444) DESCRIPTION OF OATES. If anyone seriously considers and attentively reflects upon the whole course of this fictitious Plot, it s origin, its development, its increase, its full stature, its decline and its fall (for great events have certain fixed periods of development, just as in human life there is infancy, boyhood, adolescence, maturity and old age), he will find it impossible to believe that Oates had the only, or even the chief, hand in its guidance . There was nothing in him to win confidence or to give him the cloak of authority; quite on the contrary. At his Confirmation, the mere look of him gave the Illustrious and Reverend Lord de la Baume de Suze, then Bishop of St. Omers and now Archbishop of Auch, such a shock that he could scarcely be induced to anoint him with the chrism along with the rest. Oates had an extremely stupid mind, a babbling tongue, the speech of the gutter, and a strident and sing-song voice, so that he seemed to wail rather than to speak. His memory was bad, never repeating accurately what had been said; his brow was low, his eyes small and sunk deep in his head; his face was flat, compressed in the middle so as to look like a dish or a discus; on each side were prominent r uddy cheeks; his nose was snub, his mouth in the very centre of his face, for his chin was almost equal in size to the rest of his face . His head scarcely protruded from his body and was bowed towards his chest. The rest of his figure was equally grotesque ; m ore like a b east's than human, G


416

E JGLISH PERSEC nON OF

THOLIC

it filled people with contempt. His conduct was utterly immoral, marked by crimes of every kind, even those which modesty forbids us to mention. His baseness was in no way disguised; he made no attempt at dissimulating it; it stood out plainly through the whole course of his life, and aroused the hatred of all good men. He had, too, an ungovernable temper, and an unrestrained tongue which spared neither man nor saint, nor even God himself, when he was aroused . So freely did he lie and swear false oaths, and so audacious was he in hurling accusations at anyone who had crossed his path or caused him the least inconvenience, without distinction of rank or regard for truth, that time and again he was forced to a recantation by those at whose service he had placed himself, because he was threatening with ruin men whom they held in high regard. A person more incapable of conducting important business could hardly have been found. (445) The mind and brains of the party, the person controlling all, was Shaftesbury, that Achitophel of England, plague of the royal authority, scourge of the royal family, bane of the whole nation, who, amid the ferment of sedition, ruled the government and populace of London with tyrannical power. Caring nothing for good repute, but inordinately eager to be much talked about, he wished to win exclusively for himself, and not to divide with others, the glory, to his mind enormous, of having dragged the King from his throne, ejected him from all his realm, and stripped him of his authority. He used to boast, as has been mentioned elsewhere, that with his own hand he would lead the King forth from his kingdom. (446) THE DANGERS THREATENING CHARLES . It is prindpally to this boast and this ambition that we must attribute Charles's safety in the great perils which surrounded him. For he was completely in Shaftesbury's power. The ministers whom he could trust had either fled or were paralysed by astonishment, and their places had been taken by others who were tools of Shaftesbury. How easy it would have been for any of these to commit the parricide, and slay the King they hated! And how safe, since impunity was already guaranteed to them by the decree of the Lower Chamber, which laid down that the Papists were to be called to account for the crime, and that vengeance should be taken upon them! Or if the Faction had decided not to slay him by the hand of a single assassin, but to overwhelm him by an attack in force, how well they were placed to do so, when almost at the Palace doors about 30,000 armed men could assemble to burn the Pope in effigy! What security was there against such large numbers in a bodyguard of 200, who would probably not withstand the first charge? What was the use of the two large cannon placed before the Great Gates-mere terrors for children, likely to cause little slaughter for all their thunderous noise? But Divine Providence, which watches over the kingdom's welfare, dispelled both dangers by strengthening in Shaftesbury's mind his confidence in his own cunning. And so we learn that there is a Higher Mind which presides over human destinies, in whose power all things are so placed that nothing happen~ without His willing it, especially in the case of kings, the most noble of Providence's subjects. We shall see yet greater and clearer proof~ of this in the course of this history. (447) THE CHARACTER OF THE YEAR. We enter upon a year which will show less of bloodshed and punishment of the innocent, but one confused by a frenzied outpouring of libellous tracts. The


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Catholics living in England lurked in the obscurity of prisons or shut up in their homes; the Protestants, completely at a loss, were doing nothing; the Presbyterians, no longer satisfied with impunity and seclusion, were laying unjust hands on everything; having the upper hand, they began to consider exacting vengeance. Those who desired peace and loved quiet were harassed by the hatreds of the two conflicting parties; and the standard-bearers of the rival factions were the very men who should have been teaching patience to others. Thanks to them there spread throughout the country that common plague of this century, freedom to alter the meaning of words even to the opposite of the original sense, so that blind lust for dissension and impudent audacity in defying authority came to be called pious ardour and praiseworthy zeal, while moderation and self-restraint were called cowardice, or even, occasionally, treachery. (448) Shaftesbury had now reached such a pitch of lawlessness that he had no hope of impunity save in the magnitude of his audacity and the multitude of his victims; he had new pamphlets published from day to day to add fuel to the dissension and whip up sedition. At the same time, the sermons of the ministers were as good as a clarion call. It is a matter for speculation which side did the more damage to the public peace, since both sides were on the way to destroying it. Both sides encouraged first hatred of the supreme power, and then contempt for it, although it derives its power more from the love and reverence of its subjects than from arms. Against these evils the protection of the law was ineffectual, since its administration was largely in the hands of the Faction. The reverence for Holy Orders, such as it was, kept the preachers safe, while laymen were preserved by the mob and because the juries were for the most part chosen from among the Faction. If anyone's good name or property suffered any harm through a public verdict of the courts, it was made good by public praise or by money raised by subscription. Hence, judicial punishment seemed to requite the guilty simply with an increase of wealth. This happened to a printer, who was fined for libel, the damages being ÂŁ500. The populace honoured him as a martyr who had suffered on their behalf and for justice's sake, and presented him with a purse, containing the amount of the fine, so that he could pay it. (449) These publications had two aims: they gave malicious representations of real events with the addition of many falsehoods, and they revived old disputes by sowing fresh suspicions. Against these evils no remedy was more effective than the pamphlets by Lestrange, who exerted himself to discover the designs of the Faction, both by his own efforts and through his friends, and to make public what he found out. This caused many to fear that, when times had changed, they would suffer a late but grievous penalty for their present boldness. So he took his stand like a wall to protect the Constitution against that bitter, powerful and stubborn Faction, to the great benefit of the kingdom, the great delight of loyal citizens, and the no less great annoyance of the bad. When the time for Parliament's session was at hand, Lestrange withdrew from England for a while : he returned after its dissolution. (450) PETITIONS FOR A PARLIAMENT. There occurred at this time a. great dispute about Parliament, for Parliament was the centre of the Faction's hopes and of the Royalists' fears. The former were for frequent and lengtily sessions, the latter Lor rare and short ones. I


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said in the Introductory Notes that it is the King's task to summon and dismiss Parliament, and that it is unquestionably treason for Parliament to meet or continue its debates against the King's will. In order, therefore, to have Charles's consent for what could not legally be done without him, they pressed him to call a Parliament, employing first counsel and argument, and then written petitions, to which, apart from the common people, many of the highest nobility put their signatures. The poor were induced by bribes, and children by blows, to put down their names; there were some who seized unknown passersby in the streets to make them sign: they also added names of nonexistent persons; and some individuals wrote down a whole list of names. These shameful devices, which began in the preceding year and continued for several more, were shown up by Lestrange; he also pointed out how absurd it was for workmen, before even washing their hands, to plunge into these secrets of government and give the King instructions as to when it was politic to hold a Parliament-as if they knew more about affairs of state than the King or his Council! And how stupid, he said, to bring in the children! Monmouth certainly added his signature, and thereby increased his father's displeasure . Charles decided to procrastinate until the heated passions of the Presbyterians should cool down and the populace regain its sanity. The answer he gave to those who presented the Petitions was that he himself would settle the question, and that he wished all were as concerned for the public good as he himself. He also issued instructions to the Mayor and Aldermen to make enquiries about those who were hawlcing such petitions to obtain signatures, and to bring them to trial as disturbers of the peace, raisers of sedition and rebellion, and public enemies. Further, he published a Proclamation forbidding anyone, under penalties legally fixed, to draw up such documents, sign them, or submit them to others for signature. He did not, however, succeed in making them desist. Parliament had indeed been convoked on 16th Oct. of the preceding year, but was prorogued to the 26th January of this year. On the latter date Charles said to Parliament that if the interests of others, with whom he had made a treaty, should demand it, the next session would be held in the following April; otherwise it would not, because the suspicions and disagreements sown and fostered by the industry of the wicked required a longer interruption of Parliament's debates, for the remedy of which other cures seemed inadequate. (451) In order to dash the hopes of those who wanted a Parliament he summoned Parliament again on 15th April, but on that day had it deferred, in his absence and on his order, to the 17th May, and then to 1st July; and it did not finally meet until November. What it did then we shall see below. Another sign by which Charles manifested his displeasure with the activities of the petitioners was this: Lord Chandos was proposed as ambassador to Constantinople, but Charles at first refused, on the grounds that he had signed one of the petitions: later he ratified the appointment, when Chandos admitted he had done wrong and humbly begged pardon. The Royalists were glad to see that they were not entirely disregarded, and sent in addresses from all sides, thanking Charles for not having assembled Parliament at a time so inopportune: they expressed strong disapproval of the effrontery of those who took upon themselves the care of this matter which undoubtedly belongs to the King. They confirmed the obser-


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vation of Lestrange that the signatures included the names of people unknown or else all too well known for their notorious leanings towards revolution. Many expressed special thanks for the recall of York from Belgium . (452) YORK'S RETURN TO ENGLAND. The 24th February is a red-letter day, since it is the day when the Duke of York, after his exile in Belgium and his administration of Scotland, was restored to the close companionship of his brother Charles. This was a sure omen of the peace which was to follow. For in Scotland, by soothing animosities, by repressing the Faction, and by reconciling the nobility among themselves and with Charles, he had established peace on so sure a footing that it was not subsequently overthrown by any of the efforts of Calvin's votaries: these achievements earned him profuse expressions of gratitude not only from the Royal Council and the magistrates of Cpunties and Cities, but from the Archbishops and Bishops as well - and that in spite of his being a Catholic and not communicating along with them at their services. (453) His arrival was welcome to all who were untainted by Calvin's poison and free from Shaftesbury's deception. Trials of Catholics, however, which had been opened before his arrival, were not brought to a stop, but continued afterwards. It was believed that York had promised not to interfere with them. Let us now consider them. (454) TRIALS OF SIX PRIESTS. On 17th January began the trial of William Russell, Charles Parris, Henry Starkey (a Secular Priest), James Corker and William Marsh, O .S.B., and Lionel Anderson, O.P., on a charge of being priests; also of Alexander Lumsden and David Joseph Keymish. The last two, however, were sent back to prisonLumsden because he was born in Scotland, and Keymish on account of his poor state of health. The witnesses were Dangerfield, Oates, Bedlow, etc. Although the evidence was in many points far from the truth, they were all declared Guilty by the jury: the death sentence followed, but its execution was deferred. Some of them have rendered up their souls to their Creator in prison; others survive, and are promoting the salvation of souls with great industry at the very time when I write this. Marsh's sermons, which he preached before James, King of England, were published after Charles's death at James's orders, and are profitable reading. (455) At about the time when York's ship arrived in London, Thomas Gascoigne, Bart., was there brought to trial on a charge of treason . He came from the county of York, from which also the jury had been summoned. He~4was a man eighty-five years old, venerable for his white hair and fi>r the whole appearance of his aged body, a man of blameless life and conspicuous innocence. The witnesses produced against him were BoIron and Mowbray, both of whom had been his domestic servants and had been dismissed-Mowbray because he was suspected of theft and because he had been too familiar with the maidservants, Bolron because he had embezzled money belonging to Gascoigne (it was proved that on one occasion he had received ÂŁ300 and had written in his accounts only ÂŁ60). When BoIron saw that the accounts were being checked and debts called in, being unable to pay, he decided to avert the action for embezzlement which his master threatened by levelling a charge of treason at him. He enticed Mowbray by the hope of rewards, pointing out Oates, Bedlow,


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Dugdall and others, who got rich quicl by accusing others, and added that this was the shortest way to make your fortune . All pitied the lot of this good old man, whose life was in danger through the wickedest beings in human shape; they grieved too over their own lot, seeing that the same perils awaited them as well, if rogues continued to venture upon such crimes and escape unpunished. (456) When the good old man was brought before the Bar, his mere appearance moved the whole crowd of spectators. The judge who replaced Scroggs in his absence said that he had never seen so venerable a man. When told to raise his hand and say whether he was guilty or not guilty, Gascoigne, making the sign of the Cross, said in a loud voice: "In the name of the Father, and of the Son, and of the Holy Ghost. Amen. Not Guilty." Then the witnesses were heard. Bolron swore that there had been frequent discussions in Gascoigne's chamber about killing the King and effecting a change of religion by force of arms; that Gascoigne had offered him ÂŁ1,000 if he would but assassinate Charles, and that ÂŁ6,000 had been sent to London for the same purpose. Mowbray said that he had seen a paper with the heading" Names of those who have decided to kill the King," and that with his own hand he had added 500 names to the list, namely, Gascoigne and his kinsfolk. Then the evidence in favour of the accused was heard. Twelve Protestants testified that the King's witnesses had said that if Gascoigne went to law for the recovery of the money entrusted them, they would take vengeance on him and on the whole of his family; and that they had not in fact brought any accusation against him until he had started proceedings against them. There also appeared the bankers, through whom the abovementioned sums of money had been transferred to London: they showed from their account books and from contracts drawn up by their notary that the money had been a dowry for two of Gascoigne's granddaughters, of whom one had made her religious profession as a Benedictine at Cambrai, and the other had married. What had been said about the list and its heading did not seem matter for refutation, but rather for mockery-if anyone felt inclined to laugh over so tragic a scene. The informers were asked why they had delayed so many years before reporting the design to commit so great a crime. Why, when the evidence of a Plot came from other sources, had they not at once hastened to confirm it? Why had they not at least reported it as soon as their names had been removed from the list of Gascoigne's servants? Why had they waited until they were themselves summoned to court by him ? (457) The presiding Justice, whose name was Jones, then summed up for the jury the arguments of both sides. After deliberation they pronounced Gascoigne Not Guilty. So he regained his freedom: but it would not have lasted long if he had remained in England, since another charge, this time of being a priest, was being prepared against him by the same false witnesses. So h e withdrew to Lambspring, a Benedictine abbey in the diocese of Hildesheim (of which Gascoigne's brother was once Abbot), and from there to Belgium. When he had been driven out into exile, those two dragons, BoIron and Mowbray, declared war upon his descendants: its outcome will be described below. (458) PROCLAMATIONS AGAINST BONFIRES AND FALSE NEWS. Four Proclamations were published by Charles within a very brief Y


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spa. e of time: the first, dated 5th March, was against highway robbery, the second, of 9th March, against duelling. These two are irrelevant to our present purpose . The third, dated 7th April, forbade the construction of bonfires without permission of the Privy Council or of the magistrates of London, because the Faction were turning them into an occasion for stirring up tumult and dangerous sedition. In consequence, Charles's birthday on 29th May was celebrated with other forms of merrymaking, but without bonfires. Oil the annual day for burning the Pope in effigy, since they were not allowed to burn their effigy, they decided to throw it into the river; but while the statue was being made ready, perhaps through the carelessness of the workmen, who may even have been drunk, the bouse in which it was being prepared caught fire and was Teduced to ashes, as also were 250 other houses . This avenging fire expiated the wickedness of earlier bonfires, and punished the city for its former sinful fires. The fourth Proclamation appeared on 12th May: after consulting the judges as to whether he could legally do so, Charles forbade Gazettes, as they are called, or papers giving the ne"ws of the day, to appear or be distributed without his permission, because many false reports, likely to upset the populace and disturb the peace of the realm, were being disseminated through them. (459) LADY POWIS AND OTHERS ARE ACQUITTED. On 11th of the same month, the charges laid against various Catholic peers who were in prison came before the Grand Jury of the County of Middlesex. The first was against Lady Powis, the noble heroine, who had been kept under very close watch from the time mentioned above. The indictment against her was read out, the witnesses were heard, and the Jury wrote on the back of the indictment Ignoramus . So the verdict appropriate to her innocence was given, and she was restored to liberty. The same happened to Sir Robert Peyton. Sir Henry Tichbourne, Bart., John Caryll and William Roper were restored to partial freedom on bail. So also was Richard Tasborough, but he had first to undergo trial, in the course of which many accusations were made by the King's witnesses so remote from truth and probability that they could not convince the jury. Already the authority of the King's witnesses was losing its power, though not long before it had been so sacred that it was safer to deny the Gospels than to express doubts about what they said. Stafford, who had been a prisoner since the beginning of the Plot, asked to be removed from the gaol in which, though innocent of all guilt, he was now spending his third year. The judges answered that it was not in their power to remove him, since his case had been transferred to the higher tribunal of the House of Lords. We shall see that before the end of this year he attained the true liberty of the sons of God, but not in the manner he had expected. (460) THE TRIAL OF CASTLEMAINE. The same jury approved the indictment drawn up against Roger Palmer, Earl of Castlemaine. So he had to undergo the peril of a trial, to wbich he was summoned on 15th June. He had been accused by Oates before the Royal Council and before Parliament of the same crimes as the other Catholics, and had accordingly been cast into the Tower of London about 18 months before. He was later released on bail, since only one witness, Oates, was accusing him; but when Dangerfield had joined Oates, Castlemaine was taken back to the Tower. Time and again he asked


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for his case to be heard, so that he should either be found guilty and executed, or else be restored to his full liberty : at last he obtained his request. When the proceedings had been opened, and the jury's names were examined, there appeared among them one who was a relative of the prisoner: relying wholly on his innocence and the soundness of his case, the prisoner himself informed the judges, and another juryman was substituted. The witnesses produced against him were Oates and Dangerfield. Oates swore that in Spain he had seen many letters from the prisoner, in which he spoke of the plan to kill Charles and restore Papism; and that when the Rectors of Liege and Ghent were in favour of including the Secular Clergy in the conspiracy, the prisoner had said it was not worthwhile, since they were dissolute men, resolute in nothing, and unsuitable to be the recipients of confidences. On the other hand, Oates said, it had been due to Castlemaine that the Benedictines were taken into full confidence; and when he had been informed about the intended parricide he had said with delight, "Now I shall .avenge my wrongs!" (Charles had had improper relations with his wife). When Oates was questioned by the prisoner about the divorce, which, he had told both Charles and Parliament, had been granted by Rome, he refused to reply; and the judges declared that the question was irrelevant to the present issue. Castlemaine then adduced 'other instances of Oates's perjury from other trials, and said that he had wished to bring him into court for them, but that none of the lawyers had ventured to undertake the case. The judges, however, said that it was no use now talking about matters which had been heard long before. There was some hesitation as to whether Dangerfield should be admitted to give evidence on account of his notoriously bad record (about which more will be said below, when we come to the trial of Mrs. Cellier). Several legal experts held that the pardon granted him by Charles remitted the penalties due to his crimes, but did not restore his reputation for honesty, without which nobody can be a witness; but others disagreed, holding that such a pardon restored a man's honour to the fullest possible degree. As the dispute was endless and fruitless, the judges decided that Dangerfield should be admitted, but that the jury should consider how much confidence ought to be placed in what he said. (461) When ordered to give his evidence, Dangerfield accused the prisoner (1) of having instructed the youths from St. Omers as to what they were to say against Oates. Castlemaine replied that they had said nothing but what they had seen with their own eyes, and consequently had no need of any instructor. (2) Of having had lists of the Presbyterians compiled, in order to get them condemned as guilty of treason. He replied that these lists, of which he had no certain knowledge, seemed to have been compiled by the Presbyterians themselves, in order to arouse hostility against the Catholics. (3) The third charge was that when the Peers now in prison had exhorted him (Dangerfield) to make away with the King, and he had refused to promise it, the prisoner had been so angry that he (Dangerfield) had been forced to flee at speed from his house. Castlemaine replied that Dangerfield had approached the Peers, claiming to have been sent by himself, to .ask whether they thought that the speeches of the Five Jesuits ought to be published; that they had indignantly rejected the proposal, because they had already been published by the Protestants and could not be published by the Catholics without causing


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offence; that he han himself been angry because Dangerfield had presumed to approach anyone in his name without his orders; and that this was the reason why he had forbidden Dangerfield to visit him any more and had reinforced the prohibition with threats. (4) The fourth charge was that Castle maine had often called Charles a tyrant. Castlemaine replied that this was utterly false. He was ready to say more about the case at large, when he was interrupted first by the Chief Justice, who said that he must go away, since he was required by Charles, and then by all the bystanders, who insisted that further talk would not be necessary (the trial had occupied almost the whole day). Then the presiding judge addressed himself to the jury, and briefly summed up the arguments of both sides, adding that if they thought Dangerfield trustworthy there were two witnesses; otherwise there was only one, and the verdict should be that the prisoner was innocent. Then he immediately left the court. The jury, after deliberating for a whole hour, declared the 'accused Not Guilty; and all the bystanders welcomed the verdict with their applause. In this way Castle maine gained his freedom . Upon discovering, however, that the King's witnesses were, according to their custom, preparing another charge against him, this time for being a priest, he withdrew to Belgium. Later he was sent to Rome by James II, and in his name made submission to Pope Innocent XI; he was the first Englishman since the Reformation to do this . (462) TRIAL OF MRS. CELLIER. The trial of Mrs. Cellier began about the same time, i.e . on lIth June. The witnesses against her were the astronomer Gadbury and Dangerfield. Gadbury had accused her before the Royal Council (but not on oath) of having consulted him about Charles's death and of having said that the cloister at Westminster would soon be filled with monks. Now, however, he said on oath that in his report he had misrepresented Mrs. Cellier's words in order to destroy her credit as a witness, because he had heard that she had accused him of treason; she had never, he said, asked him to make a horoscope; only on one occasion had she referred to the possible death of Charles, namely while he was dangerously sick, and only once to the future condition of the kingdom, namely during York's absence, when she had asked with anxiety what he thought about Charles's ill-health. Her other remark had not been a categoric statement, nor made seriously; as they had been walking together past the said cloister, she had asked, "I wonder if we shall ever see the monks here again?" This remark she had made casually, and he had heard it in the same frame of mind. (463) Next came Dangerfield. Mrs. Cellier urged that he should not be allowed to give evidence on account of the notorious wickedness of his life, which was proved by many convictions. When he adduced in his defence the pardon granted him by Charles, she said that the pardon did not give him that reputation for honesty which a witness needed above all else. When the legal experts disagreed about the point, Mrs. Cellier put an end to their dispute by saying that she was bringing up against Dangerfield only those among the crimes of which he had been publicly convicted, which the King's Pardon did not cover . Of these she produced thirteen authentic documents from various places and all concerned with different crimes, adding that she had not asked for more in order to save expense. Charles's Pardon was then produced by Dangerfield: it recorded crimes in large numbers


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and condoned them, but made no mention of those which Mrs. Cellier had brought up. Hereupon Scroo-gs became angry, and uttered a fierce denunciation of Dangerfield, for it was his custom to denounce vehemently whichever party he opposed. He said that it was an insult to the Justices themselves that men so base and reprobate should look them in the face; it was a very bad precedent, and would end in public disaster, if such fellows were allowed to give evidence . Then he told the jury that he could see nothing in the case that was deserving of their attention; two witnesses had indeed appeared, but one of them made no charge against the prisoner, and the other was completely untrustworthy. lhe jury at once declared Mrs. Cellier Not Guilty. Scroggs, seeing from Dangerfield's past life that no good was to be expected of him in the future, asked him ¡w hether he had at hand anyone who would go bail for his good conduct in the future. When he said that he had none, Scroggs had him cast into prison. But through the influence of the Faction, who strained every effort in his behaH, he was released; and every possible means was employed to endow his words with authority. Eventually it became evident why they were making so great an effort to support this branded villain: having already decided to impeach York, they wanted to be able to employ Dangerfield's evidence against him; for rumour, which is not always wrong, reported that he had talked with York by Mrs. Cellier's introduction; his evidence, therefore would give some semblance of plausibility to their accusations. (464) Mrs. Cellier had won her laurels in this rather small affair of her trial; with her remarkable powers of endurance and of skill, she had fought alone against many and had vanquished all opposition. In her eagerness to add to these laurels by publishing the history of her trials, she came near to ruining everything. For in her book she gave free rein to her skill, castigating vice in unveiled language, sparing nobody who came her way, and censuring the wicked words and deeds of the noble and the powerful no less than the humble: thus she offered a handle to those who were looking for one, to charge her with libel. What particularly aggravated her offence was this: the book was discovered half-printed in the press; the Royal Council prohibited its publication; and Mrs. Cellier and the printer were told to go no further with it. She, however, caring more for the glory likely to accrue to her than for the obedience she owed to the King's orders, had the book completed (perhaps she thought it was in Charles's interest that the proceedings of the Faction should be published). As no bookseller dared to put it out for sale, she displayed a few copies at her house, so incurring the intense displeasure of the Royalists and others, which she was too weak to resist. When she was summoned to court, it was proved that she had distributed the book herself, although publication had been prohibited; so she fell into a plight, from which, as no one came to her assistance, she has scarcely yet escaped. She was condemned to the pillory, fined £4,000, and saw her book torn up by the executioner and cast into a fire. When exposed to the mockery of the populace with her neck and hands in the pillory, she felt the frenzy of the mob. To prevent her being stoned to death, she was removed from the pillory sooner than the sentence prescribed; as she was in the power of the judges, she was considered to be also under their care and protection, to save her from any harm which might be


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nnjustly inflicted on her. However, the guard was unable to quiet the frenzy of the populace, and she was therefore taken away. (465) In my opinion this woman deserved a happier fate, whether we consider her mental abilities, or her blameless morals, or the courage of mind with which she rose above every danger, or her zeal in defending the Royal Authority, which was the sole cause of her coming into danger and stirring up the hornets' nest, or finally her constancy in the Faith which she embraced as an adult. She lacked nothing save keenness of judgment and calm of mind-pardonable defects in the weaker sex. As for the book itself, there is no need to say anything; it was published in French and entertained many, for it was not without literary merit and could be read two or even three times without boredom. Certainly it did much to uncover the intrigues of the Faction and to remove the suspicions still remaining that the Catholics were not loyal to Charles; the heretics scattered throughout the North of Europe did their tiest to encourage such suspicions, because they wanted it to be thought that the Catholics in England were suffering only what they deserved. If that view were accepted, the hostility provoked by so bitter a persecution would be calmed . (466) YORK ACCUSED OF PAPISM. A very bold course was taken by certain people acting as the Middlesex Grand Jury. Meeting at Westminster, they began to draw up a charge of Papism against York (it was believed that he attended Catholic services, but this was not yet legally proved). The judges immediately broke up the meeting when they were informed of what was afoot. They summoned other Justices of the Peace of the same County, and had the proceedings of the previous meeting declared null and void. The assembly had been instigated by a pamphlet sent them by Shaftesbury and signed with his own hand and by his confederates. It contained the chief points of the accusation. Nothing more was heard of the charge outside Parliament. (467) THE TRIAL OF ANTONY HUNTER. It is not surprising that those who tried to catch the very lions in their nets did not spare the tiny animals . A writ was served about the beginning of this year against Antony Hunter, S.J. For many years he had lived in London as Procurator of the Province; but at the time when the Persecution broke out he was away in a distant place, far from business and from danger. When he heard that all the other Jesuits had been captured and were in strict custody, he of his own accord plunged into the midst of the dangers, and was eager to help them in ¡whatever way was possible. Shortly afterwards he was captured and put in prison, not because he was known to be a priest or was convicted of any crime, but merely on suspicion, for it was not even known who he was. He was not strictly guarded, as were the other Jesuits, nor shut in an underground dungeon or in a cell, but was allowed to roam about the whole prison in a sort of free custody. Also among the prisoners, and in the same kind of custody, was the Venerable Father N. Hesketh, O.S.B., whose identity was also unknown; he is mentioned in the Letter of Peter Caryll, which we gave under the preceding year. So the Governor of the Prison came to believe that Hunter was Hesketh, and a trial was started against both together. I give an account of it not in my own words, but in Hunter's. He writes as follows in the Petition which he submitted to Charles: (468) "On 18th May 1679 A.D. I was arrested; and a servant-


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girl called Mary Dove, whom I had never seen before, swore that I was Maurice Gifford, a Priest, or even a Jesuit; I was therefore cast into Newgate Gaol. But this perjury was discovered on the same day, because it was proved to both the Governor and the' Warden of the prison that I was not Maurice Gifford. Nevertheless, a trial was set on foot, and the said Dove came forward and swore that I had said Mass in the house of ber Mistress in Duke Street. (469) "Her mistress was also present; she gave evidence that Mass had never been said in her house in all the time that she had Dove in her household, and further, that she had never seen me except in prison, and that only a day or two before the commencement of that trial. The second witness brought against me was Oates (whom I had never seen before my imprisonment); he swore that he had known me for two years, and that he had heard my Mass in the house of an Apothecary in Long Acre (although I have never entered the house of any Apothecary in that street); and when I asked him to name the Apothecary, or at least to say in what part of that very long street he lived, he could answer neither question. Nevertheless, on this evidence the jurors found me Guilty. In returning this verdict they seem to have been swayed by the consideration that the name (Hesketh' was inserted in my indictment. For a letter had been intercepted, saying that Hesketh had been taken. Upon reading this, the Governor in the presence of many bystanders exclaimed in a loud voice: ' Now I know who this Baker is (" Baker" was Hunter's name in prison); he is Hesketh!' On this presumption, since they all supposed that Hesketh was a priest, the jury without hesitation pronounced me Guilty, while the real Father Hesketh, who stood with me at the Bar, arraigned for his priesthood, was acquitted and released." (Translation.) (470) Such was the Petition he submitted to the King. (I have in my possession a copy which he made with his own hand and signed.) He had it taken to Charles after his execution had been put off, when after five or six apoplectic strokes he was lying almost unconscious and with little hope of life. However, the petition did not secure for him the liberty he desired, and which would have been necessary if his extremely bad health was to be cured . Soon afterwards, fortified by the last rites of the Church, he rendered up his soul to God in prison. (471) TRIAL OF RICHARD BARTON AND JOHN RIVERS. Also at Lancaster, Richard Barton a Secular Priest, and John Rivers (whose real name was Penkett) of the Society of Jesus, were condemned for being priests. Whether their trial occurred in this or the preceding year, it is difficult to say-probably the latter, but the question is of no consequence. Rivers was arrested by a Justice of the Peace called Risley, a most ungrateful character, for Rivers had done him many good services. Risley collected witnesses against him with great diligence, and although most had taken to flight, so as not to be forced to give evidence against their wishes, he captured four and used his authority to compel them to perform the unwelcome task. Both of the priests had their execution deferred and lived to see better times; both lived like angels in the prison: they were shown every kindness and were treated with more than ordinary respect by all--even by the heretics, on account of the innocence of their lives and their remarkable piety; and both were permitted to go out of the prison, in those most difficult times, to the great advantage and singular comfort of the Catholics, who were then without what are at other times the normal


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services of priests. At length, when they had lived six whole years in captivity, they were released by the authority of King James, and restored to their apostolic tasks. Barton was a pupil of the English College at Douai; Rivers studied Humanities at St. Omers, Philosophy and Theology at Rome, was admitted to the Society at Watten in 1663, and professed of the Four Vows on 15th August 1673. (472) THE MARTYRDOM OF JOHN THWING, AND OTHER TRIALS. Furious because Gascoigne had slipped through their hands, Bolron and Mowbray returned to York and brought to trial Sir Miles Stapleton, Bart., Lady N. Tempest (wife of Sir N. Tempest, Bart., and Gascoigne's daughter), John Thwing, a priest (grandson of Gascoigne's sister), and Mary Plessick. The usual charges were brought against all, namely of having plotted to kill Charles and bring about a change of religion; and it was clearly proved that, as before, all the evidence was remote from the truth, and that the accusation of these people sprang from a desire to take vengeance upon Gascoigne for having started proceedings against the witnesses on a matter of theft. It seemed that the case had already been decided in London, when a verdict was given in favour of Gascoigne and the wickedness of the witnesses was made evident. One would have thought that in a similar case, or indeed in the same case, the outcome would be similar. But it was very different: the jury declared one of the prisoners, Thwing, Guilty, and sentence of death was passed upon him. Its execution was deferred, pending Charles's consideration of the matter. He ordered it to be carried out late in the following October, when Parliament was about to meet, his purpose being to prove his hostility towards the Catholics. So, on 23rd October, Thwing was taken to the scaffold, where he said that he had written down what he had to say, because he had not known whether he would be given a chance to speak. Then he read out the following: (473) "First, As I hope for Salvation, and Benefit by the Blood and Passion of my Blessed Saviour, I most sincerely Protest, that what R. Balron, and L. Mowbray swore against me, was absolutely false; For here in the presence of the Eternal God, I declare I never knew of any Consult at Barnbow, least prejudicial to the KING or Kingdom; Nor was I ever at any such Consult or meeting with Sir Thomas Gascoin, Mr. Gascoin his Son, Sir Miles Stapleton, the Lady Tempest, Mr. Ingleby, or any other where anything was ever treated spoken, or written, about killing the King, or alteration of the Government; Nor did I ever see, or know of any List of Names of Persons mention'd, and sworn by them against me. (474) "Secondly, Upon my Salvation I declare, that I never have been in my whole life time Guilty, even so much as in Thought of any Treason against his Majesty, or the Kingdom, being directly contrary to the Principles of our Faith. (475) "Thirdly, That although I have, and do declare against the Oath of Allegiance as it is worded, Yet it is only by reason of some Clauses therein contained, not pertaining to Allegiance; And therefore, if an Oath, containing nothing but Allegiance, had been legally tendered me, I should have thought it a sin to refuse it. (476) "Lastly, I acknowledge myself a PRIEST, and to have about 15 years performed the Priestly Function; which I am so far from denying, that I thought it the greatest Honour imaginable. (477) "Now Dear Country-men, having made this Protestation


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in the most plain and serious terms I could, without all Equivocation, or mental Reservation wh atsoever; I appeal to the Eternal Judge, whether all good Christians ought not rather to believe what here in this manner sworn by me in my present Circumstance, than what was sworn by my Accusers, whom notwithstanding, I beg of God Almighty to Forgive; As also the Jury, and all others, who have in any kind concur'd to my Death." (478) It is reported that he spoke on after this; but what he said has not come into my hands. We are told that when he had read the written speech, he protested at some length, extempore and with great energy, his innocence of all conspiracy, his loyalty to the King, his charity towards his fellow-men, and his love and piety towards God. The truth of these protests was confirmed by the fervent prayers which he uttered with great confidence and in a loud voice; but through the negligence of writers all this has perished . As he was being turned off the ladder he said, "0 most sweet Jesus, receive my spirit." (479) He studied humanities at St. Omers, and made his higher studies at Douai. In both places his innocence of life and uncommon humility made him popular with all. (480) BEDLOW'S DEATH. At about this time the following were restored to freedom either on bailor unconditionally: John Gage, James Simons, the two Ropers, Robert Petre, and others who had been previously arrested for treason. In August Bedlow was summoned to a more dreadful tribunal. He had galloped out from London to Bristol to visit his wife who was ill. Upon arriving there he caught what at first seemed to everyone to be a slight chill. Although neither he nor anyone else believed that there was any danger in it, he pretended there was, and summoned Francis North, the Chief Justice of the Common Pleas (i.e. of civil cases) who was then staying in the neighbourhood. In his presence Bedlow called God to witness that all he had said against the Catholics was true; his one grief was that he had not disclosed everything, but had spared York who was the heart and the head of the Plot. He asked for an authentic document to be drawn up to preserve the memory of these his last words when he was dead. He also asked that the money paid to him from the Royal Treasury should be increased. A little later, when his illness unexpectedly grew worse, he had no further care about the money: but, since North refused to come to him a second time, he declared to others that all he had said against the Catholics was false; that he would be damned for his false oaths; and he cursed those who had induced him to swear them. Before his death he lost the power of speech, since his tongue swelled up and projected out of his mouth. (481) The above account I wrote long ago, fully confident of its truth. However, there do exist people who say that he died without giving any sign of repentance. North published the words uttered in his presence; they were joyfully welcomed by the Faction, who said that now they too had a dying witness, quite as good as the Five Jesuits, indeed better, because he could not be said to have been equipped by the Pope with any Indulgence for lying. However, it is believed that he really did retract as I have described, because when some members in the Upper Chamber proposed that the remaining conspirators ought to be punished, North said: " If you knew all that I know, you would be saying that already far too much innocent blood has been shed."


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(482) In London about this time, when new sheriffs were due to be appointed, disorders so violent took place that they hardly fell short of rioting. This, however, is irrelevant to our narrative. But we shall see below, God willing, how important was their election. (483) A NEW CHARGE AGAINST THE CATHOLICS-OF HAVING INTENDED TO BURN THE FLEET. Shortly before the meeting of Parliament, a fresh accusation against the Catholics was heard, namely that they had intended to set fire to the King's Fleet and destroy it. I t was said that Mrs. Cellier had discussed the plan with William Lewis. He reported the accusation to the Lower House, and published it in print-a waste of time, for Parliament disregarded his report, and the populace had had its fill of lies and had no taste for new accusations of that sort. (484) PARLIAMENT MEETS. After deferring the meetings of Parliament so many times, Charles at length declared that sessions should be held on ~lst October. To avoid giving any offence to Parliament, he despatched York on the 20th by sea to Scotland. He told the assembled Lords that he had made treaties with Spain and Holland, which he knew would not displease them; that Tangier was besieged by the Moors, and that in supplying it the Treasury had been emptied; they must therefore quickly replenish it with fresh taxes. He forbade them to meddle with the right of succession to the Crown; in all other matters he would not oppose them. He urged them to make all preparations for holding the trial of the Catholic prisoners as soon as possible. (485) The leaders of the House of Commons, after the choosing of a Speaker, decided to subject all members to scrutiny, so as to prune away the rotting members from their body, as they put it, but in reality so as to remove all who were lukewarm supporters of their Faction. The first whom they ejected from their assembly was Sir Robert Can, Bart., the member for Bristol. because he had said that there was no other plot apart from the Presbyterian one. Not satisfied with depriving him of his seat. they had him taken to the Tower of London. Then they punished other members who had opposed the Petitions for the summoning of Parliament; all were ejected. They did not even confine themselves to Members of Parliament. A committee was set up to pursue enquiries about other people who had been involved in the same atrocious crime-as if such people were opposing the unquestioned rights of all subjects. The Commons asked Charles to remove from public office all whom this committee might indicate. These beginnings pleased no honest citizen, and least of all Charles. Still less did he like what followed. On 26th October, when the assembly had been purged and cleansed of all suspects, they began to discuss business. Baron Russell, eldest son of the Earl of Bedford. warned the members that they ought to agree about general policy before descending to details; it seemed to him that the King. the Country, and Religion were in extreme peril. If the present Parliament did not crush Papism. then Papism would crush Parliament and everything that all of them held dear. Therefore their first duty was to consider how Papism could be resisted and Papists legally excluded from reigning. Without this, other decrees would do no good. Many others voted in support of his proposal; but as there, were some who opposed it, the Decree itself could not be formally drafted uutil 11th NovembeL It ran as follows:


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(486) DECREE AGAINST YORK. "As it is known for certain that James, Duke of York, has embraced the Popish Religion and has thereby encouraged the Papists to conspire against the King's life and the Protestant Religion, and as it is plain that, should James become King, he would make a change of Religion: it is enacted by the King and with the advice and consent of the Lords Spiritual and Temporal and the Commons in this Parliament assembled, and by the authority of the same, that the aforesaid James is excluded from all right to the cro'wn, and disabled from succeeding to the kingdoms of England and Ireland and all territories depending on them, as also from possessing authority, jurisdiction or power in them. If he should by any means seek to claim power over them or any part of them, he shall be punished as guilty of High Treason. All who adhere to him, favour him, or assist him, shall suffer the same penalties. If after the 5th November of this year he shall return into the aforesaid dominions, he shall be punished as a traitor to the Realm; and likewise any person who shall endeavour or contrive his return, shall suffer in the same way. Whosoever does anything in violation of this Decree, shall be excluded from any pardon. Nobody, however great the authority which he possesses, shall stop trials against those who do commit such violations . It shall be permissible for anyone to arrest and commit to prison James or any other person, who violates this Decree; if they offer resistance, in virtue of this Decree, they may be subjected to force . Other heirs to the Crown, who should succeed in case of the death of J ames, Duke of York, shall keep their right entire and inviolate, so long as he shall be alive. The present Decree shall be read twice every year, namely on 25th December and at Easter, in all Cathedrals, Parish Churches, and Chapels; and it shall be commemorated at every meeting of the Grand Juries." (Translation.) (487) Such was the Decree. When it had been confirmed by a: majority of votes in the Lower House, its original author, Russell, was ordered to take it to the Upper House to seek the support of the Lords. He was accompanied by many members of the Commons and other persons whose mere presence would be an argument for the ratification of the Decree. When this delegation had withdrawn, the Decree was read in the Upper Chamber, and opinions were divided. Then the question was raised whether it should be given a second reading (each decree must be read three times before a definitive vote can be taken). Those who were in favour of a second reading defeated the opposition by only two votes. At the second reading the discussion continued until 11 p .m. Charles was present throughout. Finally a vote was taken, and the proposal to reject the Decree and not to deliberate further on it was carried by 30 votes. It was noticed that, greatly to their credit, the Protestant Bishops who were present, fourteen in number, in spite of the difference of religion, voted in York's favour. (488) Then Charles again warned the Lower House of the dangerous situation at Tangier, which was blockaded by the Moors; reinforcements, he said, must be sent there, if they wished to see it safe. But the members of Parliament perversely replied that the people responsible for the danger to Tangier were those who were the source of that flood of evils which had surged over Charles's dominions. The garrison of Tangier was for the most part composed of Catholics, several of the governors of the city had been Papists, and it was not


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safe to send aid to them. Other greater dangers were threatening nearer home, against which they had asked for remedies in vain. On other occasions taxes had been imposed in consequence of bad advice given by Papists, and had been used for making war on the Protestants (in Holland). Laws passed against the Papists had been employed to harass the tender consciences of Protestants. The frequent deferments, prorogations, and dissolutions of Parliament had been caused by the P apists, to the great damage of the public good. Public offices were being given to Papists or their supporters; through their intrigues a Papist Secretary (meaning Coleman) had been introduced unto the Court, and had held discussions with the ministers of foreign princes, etc. They then recounted various complaints invented by Oates, and went on to express the fear that any taxes which they might grant to Charles would be used for the oppression of Protestants. Next they complained that penalties had been inflicted on the authors and publishers of useful books (that is how they described the libellous tracts for which, as we have said, some persons were¡ convicted and punished). In their loyalty to the King, their zeal for religion, and their care of their posterity, they had proposed, after mature deliberation, the one safe remedy against all these evils (namely, the abdication of York), and through the machinations of the Papists it had been rejected. They had, therefore, done their duty to their consciences, and would be guilty before neither God nor man of the bloodshed and desolation which must inevitably follow. They had decided to grant no money, until they were certain that the impending dangers would not be intensified by the grant, nor the power of the Papists increased. And of this they could not be certain, unless all persons suspected by Parliament were removed from every office, whether military or civil, and replaced by others of whom Parliament approved. When this was granted, they would at once aid Tangier, and furnish other monies in addition for the support of Protestants everywhere. (489) Such was the answer of the Lower House. There is no need to point out their intention-the threats thrown in of bloodshed and desolation are a more than sufficient indication of that. They were trying to make the Papists responsible for the war, the unpopularity of which they were seeking to remove from themselves; similarly, they tried to blame the Papists for the rejection of the infamous decree against York, although there was not a single Catholic present in the Upper Chamber. The Lords had not wholly relinquished their duty to their excellent Prince, because the dignity of all the Peers depended on the King's dignity, just as the light of the planets depends on the sun. There were, however, even among the Peers, some whose audacity equalled that of the Commons. This was shown by Shaftesbury's speech, delivered, if not at the very same date, certainly not much later, and in the presence and hearing of Charles, while these matters were under discussion. (490) SHAFTESBURY'S ' SPEECH. "In this Great Debate concerning the King's Speech, the sad S~ate and Condition we are in, and the Remedies thereof, I have offered You my Opinion, and many Lords have spoken admirably well to it, with great Freedom and Plainness, as the Case requires. (491) "Give me leave to offer You some few Words, in answer to two or three of my Lords of the Earls Bench, that have maintained the contrary Opinion. H


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(492) "My Lord, Near me, hath told your Lordships, that the President of Hen . the 4. that I offered to you (who was a Wise and Magnanimous, Prince; and yet upon the Adress of his Parliament, put away a great part of his Family, and Councils at one time), is no proper instance, because he was an Usurper, had an ill Title, and was bound to please the People. (493) "My Lords, I meddle not with his Title, I am sure our King hath a very undoubted one; But this My Lord I must allow, that th!: wise Prince having need of the People, knew no better way to please them, and to create a good Intelligence between them and him, than to put away those from Court and Council that were unacceptable to them. (494) "If our King hath the same necessity to please the People, (though for other Reasons than want of a Title); Yet I am sure the President holds, tpat a Wise Prince, when he hath need of his People, will rather pa'rt with his Family and Counsellors, then displease them. (495) "My Lords, This Noble Lord near me, hath found fault with that President, that he supposes I offered your Lordships concerning the Chargeable Ladies at Court; But I remember no such thing, I said; But if I must Speak of them, I shall say as the Prophet did to King Saul, what means the Bleating of this kind of Cattle? and I hope the King will make the same answer, that he reserves them for Sacrifice, and means to deliver them up to please his People. (496) "For there must be, (in plain English), My Lords, a change; We must have neither Popish Wife, nor Popish Favourite, nor Popish Mistress, nor Popish Councellor at Court, or any new Convert. What I Spoke was about another Lady that belongs not to the Court, but like Simpronia in Catalines Conspiracy, does more mischief than Cethegus. (497) "In this time of Distress, I could humbly advise our Prince would take the same course that the Duke of Savoy did, to suffer neither Strangers nor Embassadors to stay above some few weeks in his Country; for all the Strangers and Embassadors here, have served the PLOT, and Design against us; I am sure they have no tye to be for Us. (498) "But my Lords, what I rose up to Speak, was more especially to my Lord of the Earls Bench, that Spoke last, and sits behind me: Who, as he hath the greatest Influence in our present Councils; so he hath let fall to you the very Root of the matter, and the Hinges upon which all turns; He tells you that the House of Commons have lately made offers to the King, and he wonders we do not expect the Kings Answer to them, before we enter into so hot and high Debates. " He tells you, if the King be assured of Supplies we cannot doubt of his Complyance in this, and all we can ask; for otherwise the King should fall into that that is the worst condition of a Prince, to have his People have no confidence in him; My Lords, This is that I know they put the King upon, and this is that we must be ruined by, if we may not with Freedom and Plainness open our Case. (499) "My Lords, 'Tis a very hard thing to say that we cannot trust the King; and that we have already been deceived so often, that we see plainly the apprehensions of Discontent in the People, is no argument at Court. And though our Prince be in himself an Excellent Person, that the People have the greatest Inclinations imaginable to love; Yet wc must say he is such an one, as no Story a{jords us a


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Parallel of: How plain and how many are the proofs of the Design to 1vlurder Him? How little is he apprehensive of it ? (500) "The Transactions between him and his Brother are Admirable, and Incomprehensible; His Brothers designs being early known, to aim at the Crown, before his Majesties Restoration to this Kingdom. (501) "This Match with a Portugal Lady, not like to have Children, Contrived by the Duke's Father-in Law; and no sooner effected, but the Duke and his Party, make Proclamation to the World, that we are like to have no Children, that he must be the certain Heir. (502) "He takes his Seat in Parliament, as Prince of Wales, His Guards about him; The Princes Lodgings at White-Hall, his Guards upon the same Floor, without any Interposition, between him and the King; So that the King was in his Hands, and in his Power every Night; All Offices and Preferments being bestowed by him, Not a Bishop made without him. (503) "This Prince changes his Religion to make himself a Party, and such a Party that his Brother must be sure to dye and be made away, to make room for him; nothing could preserve him, but that which I hope he will never do, give greater earnest to that wicked Party than his Brother could; and after all, this Plot breaks out, plainly headed by the Duke, his Interest and his Design. " How the King hath behaved himself ever since the breaking out of it, the World knows; we have expected every hour that the Court should joyn with the Duke against us; And it is evident more hath been done to make the Plot a Presbyterian Plot, than to discover it. (504) "The Prorogations, the Dissolutions, the Cutting short of Parliaments, not suffering them to have time or opportunity to look into any thing, hath shew'd what reason we have to have confidence in this Court. We are now come to a Parliament again, by what Fate or what Council, for my part I cannot guess; neither do I quite understand the Riddle of it. (505) "The Duke is quitted and sent away; the House of Commons have brought up a Bill to disable him of the Crown; and I think they are so far extreamly in the ¡right; but your Lordships are wiser than I, and have rejected it; yet you have thought fit, and the King himself hath made the Proposition, to make such Expedients as shall render him but a Nominal Prince. (506) "In the mean while where's this Duke, that the King and both Houses have declared unanimously thus dangerous? Why he is in Scotland raising of Forces upon the Terra firma, that can enter dry foot upon us, without hazard of Winds or Seas, the very place he should be in to raise a party there, to be ready when from hence he shall have notice: So that this being the case, where is the trust? We all think the business is so riPe, that they have the Garrisons, the Arms, the Ammunition, the Seas and Souldiery all in their hands; they want but one good, Summe of Money to set up, and Crown the Work, and then they shall have no more need of the People; and I believe whether they are pleased or no will be no great trouble to them. (507) "My Lords, I hear of a Bargain in the House of Commons, and an Address made to the King; but this I know, and must boldly say it and plainly, that the Nation is Betray'd if upon any Terms we part with our Money till we are sure the King is ours; have what Laws you will, and what Cond'itions you will, they will be of no use but


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wast Paper before Easter, if the Court have Money to set up for Popery and Arbitrary Designs in the mean while. (508) "On the other hand give me leave to tell you, my Lords, the King hath no reason to distrust his People; no man can go home and say, that if the King comply with his People they will do nothing for him, but tare all up from him . We want a Government and we want a Prince that we may trust, even with the spending of half our Annual Revenues, for some time, for the Preservation of these Nations. (509) "The growing Greatness of the French cannot be stopt with a little Expence, nor without a real and hearty Union of the King and his People. It was never known in England that our Princes wanted Supplies either for their Forreign designs, or for their Pleasures; nothing ever shut the English Purses but the fears of having their Money used against them. (510) "The hour that the King shall satisfie the People, that what we give is not to make us Slaves and Papists, he may have what he will; and this your Lordships know and all mankind that knows us: Therefore let me plainly tell your Lordships, the A rguments that the present Ministers use, is to Destroy the King and not Preserve him: For if the King will first see what we will do for him, it is impossible if we are in our Sences we should do any thing. (511) "But if he will first shew that he is intirely ours, that he Weds the Interest and the Religion of the Nation, 'tis impossible he should want anything that we can give. (512) "But I see how the Argument will be us'd: Sir, they will do nothing for you, what should you do with these men? But on the other hand I am bold to say, " Sir, You may have any thing of this Parliament; put away these lV/en, change your Principles, change your Court, and be your self; for the King himself may have any thing of us. (513) "My Lords, if I have been too plain, I beg your Pardon; I thought it was the Duty of an English Nobleman, at this time to speak plain or never. " I am sure I mean well; and if any man can answer to oppose Reason to what I say, I beg they would do it; for I do not desire or propose any Question. (514) "I beg this Debate may last for some da.'yes, and that we may go the bottom of this matter, and see if these things are so or no, and what Cure there is of the Evil we are in; and then the Result of your Debates may produce some proper Question. (515) "However, we know who hears, and I am glad of this, that your Lordships have dealt so Honourably and so clearly in the Kings presence and in the Kings Hearing, that he cannot say he wants a right State of things; he hath it before him, and may take Councel as he thinks fit." (516) REPLY TO SHAFTESBURY. The version of this speech published by the Faction was condemned by the Peers' authority to be torn up by the executioner and burnt. Shaftesbury, though an audacious speaker inside Parliament, thanks to its privileges which he knew protected him, outside Parliament was more timid than a hare; he did not therefore admit that it was his speech, for fear he should seem to approve of its publication. A Protestant member of York's household wrote a refutation of it, and his answer seems worth reading. I t runs as follows:


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(517) "I have heard much of the sad state and condition we are in, and I am convinced of it, since I see such Reflections made with impunity upon the -Kings Person and Government. I shall say little to the President of our Henry the IV. Unbridled Violence and mean Condescensions, are the unhappy necessities of an Usurper; but a good and lawful King is obliged to maintain His Own Prerogative, as well as the Rights of His Subjects. But is it possible, that the supposed Author of the Printed Speech, should already forget, how lately the King (after a great Retrenchment of His Family) did at once, and (as it is said) by his Lordships advice, change almost his whole Council? And yet the People (or those that still make use of their Names) never were, nor will yet be satisfied. I will not put his Lordship in mind of the Court-Ladies, since he doth not remember he spoke of them: But unless he make himself a Samuel, I do not know what authority he has to examine Saul, about the bleating of the Cattel? I cannot believe his Lordship could have the heart, to sacrifice the fairest of them; his Lordship may read in the same place, that Obedience is better than Sacrifice; but if a Sacrifice must be made, It is not to the People, but to God and J ustice. I would fain understand what is meant by the People? For now every man calls himself the People; and when one man calls for one Thing, and another for Something, directlyopposite, both cry out, that if This, or That be not done, the People is betray'd; that is to say, they will endeavour to perswade them so. But the People in this Speech, hath a strange Dialect, such as I hope no Englishman understands: Must, was never the language of a good Subject, nor Submission the part of a King; (We Must, etc. and no new Converts), I am sorry, that with all our Zeal, we are so unkind to Proselytes, we had a greater value for them not long since; for though L .B . was accused of the Plot, his Conversion secured him without a Pardon, though either his Lordship was deeply guilty, or the Kings Evidence grossly perjured. Till the Author discover who he means by Sempronia, I shall not tell him whom I believe to be as bad as Catiline. But it is prodigious, that while we are frightened with Bug-bears of invisible Dispensations from the Pope, his Lordship with his Arbitrary Must, should dispence at once, with the Law of God, as to the Queen; with the Law of Nations, as to Foreign Ministers; with the Laws of Hospitality, as To Strangers, and all that part of the Oath of Allegiance, that concerns the Heir of the Crown, which is equally binding with the rest, to all whose suspected honesty cannot accept of such an Arbitrary Dispensation. His Lordship seems much concerned to hear of a Bargain between the King and the House of Commons; and so am I, for things are too ripe for mischief, when Subjects are permitted to capitulate with their Soveraign. The King's Subjects (by His permission) have made Capitulations with Foreign Princes; but his Lordship would not have the King so far trusted, as that His own Subjects may capitulate with him, because as his Lordship says, he has so often deceived (that hard word) the People. And I beg leave to use the same expression of His Majesties patience, which his Lordship uses of his little care of his Person, That no Story affords a parallel of him. The actings of the Duke are indeed admirable to all, but incomprehensible to such as have not the true Principles of Loyalty rooted in them. But his Lordship (who in Cromwell's time was much better acquainted with what pass'd at London, then at Bruxels) avers, That the Duke had an early aim at the Crown, before


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the Kings Restauration; this is a high charge, and ought to be better proved than by a bare assertion: Hath his Lordship any Letters to produce from His Royal Highness to Himself, or any other chief Minister of the Usurpers? Or to what Crown could the Duke pretend, when they had robbed the King of his own? The Duke can shew undeniable proofs of his Allegiance, even in those days. For what could an exiled Prince do more, than leave the great Commands, and Pensions that he had abroad, and all the advantages that his Birth, his Courage and his Reputation promised him, to follow the Fortune, and the Wants of His Majesty? But how will his Lordship make out, that after the Match with a Portugal Lady (for that is the only Title his Lordship allows the Queen) the Duke took his Seat in Parliament, as Prince of Wales; but his Lordship lmows, that the seat on the Right Hand of the State, was, and is reserved for the Prince of T-Vales, the Duke that on the Left Hand; the Printed Pictures of the House of Peers, sitting upon the Tryal of the Earl of Stafjord, show that this is no Innovation; and His Royal Highness, had the same Seat, when the King his Father called the Parliament at Oxford. He urges, that the Duke had his Guards about him, upon the same F loor with the King, and so the King was every Night in his Power: It was a timerous ambition that lost so many opportunities. But what an Impudence is this? The Duke never had Guards; they are the Kings, the King pays them, they wait in their turn upon the King, and have but the Name of the Duke, as the Foot-Regiments have of Colonel Russel, and my Lord Craven; so the Duke was every Night in the Kings Power. Next he fires his greatest Guns, The Duke is plainly the Head of the Plot; By whose evidence? Long before the Duke was named, Mr. Oates declared to the Lords, that he had no more to accuse; if he accuse him now, and Oates be divided against Oates, how can his Testimony stand good? Bedloe said as much; and here appears no Evidence, where the greatest would be little enough. But I say nothing of a Presbyterian Plot; but (with his Lordships leave) what has been, may be. The Calling, the Proroguing, and the Dissolving of Parliaments are so absolutely in the King, that ought to be Riddles to a Subject. When the Duke was commanded to leave the Kingdom, I appeal to all the World, how readily, how submissively he obeyed; and comparing his immediate Obedience, with the Obstinate R efusal of others, who still stay in opposition to the King's Command, let any Impartial man of Sense decide, which has shewed most Loyalty and Duty. His Lordship and his Party (for he says, We) expect every hour, that the Court should joyn with the Duke, against them; But I find, the Court is as hard a Word, as the People, and as boldly, and as odly used; If by that Word, he means the King, all his Lordships Rhetorick will scarce perswade us, that the King should Conspire with the Duke, against His own Crown and His own Life; If not, what can the Court do without the King, and against the Nation? Besides his Lordship has too many F riends among the Courtiers, to suspect them; and the Duke has met with too much Ingratitude, to trust them. His Lordship avers as truly, that the King has declared the Duke to be Dangerous; as, That His Royal Highness is now raising men in Scotland, that whole Council, that whole Kingdom, will disprove Him; And by the apparent falshood of his Assertion, let all men judge of the truth of the rest. If the Aams, the Garrisons, etc., be in such hands as the King thinks safe, vVe are safe too; But if not, it concerns His Majesty to secure them,


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since his Lordship declares, the King is to be trusted with nothing, till he has resigned Himself to his Lordship and his Party, and is wholly theirs; and yet then too, He must trust their good Nature, and Surrender upon Discretion; They will allow Him no other Terms, no, not to be Himself, and have His Senses, unless they can fright him out of them. I will yet charitably hope, that the pretended Author is abused; It concerns him to vindicate himself, by wishing, as I do, That the Author may have the same Fate, that his Speech had, by Order of the House of Peers." (518) Such was the refutation. The speech itself was secretly circulated among the Faction, and greatly enhanced the confidence of the man who made it. Hence it became clear that a monster was being nourished which would soon be brought into the light if it were not quickly crushed; but there was no means of destroying it, so long as the trial,of the Catholics was pending, for the still unexamined charges against them were the pretext on which it had been born and reared. The populace returned little by little to its right mind; it was weary of the night-watches, which it had maintained regularly at great inconvenience ever since the beginning of the Persecution. They were ashamed of having feared the Catholics when they learnt their numbers, for it was found that hardly one in a hundred was on the Catholic side. The Londoners, ever eager for gain, were troubled about the slackening of trade, since not only the Catholics but many other peace-loving individuals had left the country. (519) ARNOLD'S WICKED STRATAGEM. Since, then, the people's enthusiasm was flagging, it was thought advisable to revive it with new fuel of the same kind as what had exasperated them in the first place. As was said above, nothing had a profounder effect on the populace than the murder of Justice Godfrey. It was accordingly decided to stage another murder-scene for the same purpose. Arnold (about whom see above, Book III) seemed a fit person to play the chief role in the melodrama. He was at the time living in London. When the stage was completely set, 9 p.m. of a moonless night was chosen for the performance. While drinking with his cronies in a public-house, he was told by a barmaid that it was almost the time when he had agreed to meet the attorney; he at once departed and thrust himself into a very dark alley, the chosen scene of action. From there he cried aloud for help from his fellow-citizens. He told them that he had been waylaid by Papists, that assassins had waited for him there, that they wanted to cut his throat, but had aimed badly and cut his chin; and that they had taken to flight when they saw the townsfolk approaching; none of them was known to him, but one was wounded in the shin-he could be recognised from his wound, and the others could be caught on his evidence . This happened on 19th April. The Faction, following Oates's lead, proceeded to rage in tragic style against the Catholics, saying they had no regard for Law at all; the sword should be used against these public assassins; they should be utterly destroyed so that not even a whelp of them should survive; this plague threatening the life of all should be destroyed at one blow, etc. (520) One night the houses of all the Catholics were found to have been marked with a chalk cross, as an indication to the slayers of where they were living. It seemed that all that was wanting was someone to give the signal. But this proved to be the salvation of the Catholics, who serve under the Cross and are signed with the Cross.


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Soon the commotion subsided, for it was found that Arnold's skin was only slightly scratched, and there was no evidence as to whether he himself or someone else had made the cut. Anyway there was no Catholic who could be made to bear the blame for the deed. Physicians testified that nobody in the whole city had a wounded shin. But finally a member of the Powis household was discovered soothing his leg with oil after he had grazed it by falling over. He was accused of attempted murder before the Royal Council, and then taken to see Arnold; but as Arnold did not accuse him, and he himself proved that he had taken ship at Brill on 19th April (the day of the supposed crime) and did not put in at London until three days later, he was discharged, and Arnold's false complaints were laughed out of court. Arnold, however, did not learn wisdom by this incident. Giving free rein to his wrath, and imposing neither check nor limit to his frenzy, he struck passers-by unprovoked, called them Papists or friends of the Papists, and spared the honour of neither God nor man, until at length he offended persons whose authority was too great for him. He was sued by the Duke of Beaufort under the Law de Scandalo Magnatum on a charge of having cast aspersions on his honour, and was committed to prison. As he was unable to clear himself by denying what he had said or by any satisfactory explanation, he was declared Guilty, fined £10,000, and ordered to be kept in gaol until he paid. But Beaufort remitted the damages when Arnold had prostrated himself at ¡ his feet, admitted his guilt, and begged for pardon. He was then discharged-if not a better, at least a more cautious man. I have not heard of his openly giving trouble to the Catholics since that day. (521) PARLIAMENT. Let us return to Parliament. The evil designs of the Faction there became more apparent, so that several of their old supporters began to oppose them and to support the royalist party, to the grave dissatisfaction of those whom they were deserting. The first against whom the anger of the Faction thundered was Edward Seymour, whom in the preceding year they had chosen to be Speaker in opposition to Charles's will. He had aroused their spleen by maintaining at length and with insistence that James could not be deprived of his right of succession. They petitioned Charles not only to deprive him of all his offices, but also to make a solemn pronouncement declaring him unfit for any office. After this they accused the two Chief Justices, or Presidents of the Judges, namely William Scroggs and Francis North; also Sir Thomas Jones and Sir Richard Weston, Bart., both judges, the former of criminal cases, the latter of the Court of the Exchequer, because they had broken up the session of the Middlesex Justices of the Peace while they were composing an impeachment of York. They said it would mean the end of Law and of the Constitution if the judges should get away scot-free with that (as if forsooth the people's liber ty could not survive if they were kept in their place, and if the whole royal family and the heir presumptive to the throne were not as much exposed to their writs and verdicts as anyone in the street!). (522) THE IMPEACHMENT OF SCROGGS. Scroggs was accused on the following charges: (1) That he hath traiterously and wickedly endeavoured to subvert the Fundamental Laws and the Establisht Religion and Government of this kingdom of England and instead thereof, to introduce Popery and an Arbitrary and Tyrannical Government. (2) That in pursuance of this purpose he did in an Arbitrary


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manner discharge the Grand Jury of Middlesex, while they were- preparing a case against York and others who absented themselves from the Protestant Services. (3) That with other judges of his Court he forbade publication of a book hostile to Popery and most useful to the Protestant Faith; and that he intimated this prohibition to several printers (it was a libellous tract). (4) That he hath imposed unequal fines, according to his own inclination, upon persons guilty of the same crime. (5) That he hath frequently refused Bail, by sheer despotic authority, when the laws permit Bail; and they name seven London printers from whose presses swarms of pernicious pamphlets were issuing. (6) That he hath in an arbitrary manner vexed many of his Majesty's most loyal subjects, by granting Warrants for attacking their Persons and seizing their Goods. But here they quote no example. (7) That whereas a horrid Plot had been contrived against the King, he did openly defame and scandalise several of the Witnesses. (8) That whereas on account of his eminent station he ought to shine out as an example to others of pious and Christian conversation, he, on the contrary by his frequent and notorious Excesses and Debaucheries, and his profane and Atheistical discourses doth daily affront Almighty God, dishonour his Majesty, give Countenance and Incouragement to all manner of Vice and Wickedness and bring the highest scandal on the public Justice of the Kingdom. Finally, the Commons save to themselves the liberty of altering, clarifying or enlarging their accusations as the case shall require . (523) The designs of God are secret, but worthy of praise and admiration . Truly, the finger of God is here. For the Catholics' bitterest enemy was accused of Papism-and that too by men whose favour he had chosen in preference to truth, justice, conscience, his soul, and finally God himself. He was never summoned, so far as I know, to stand trial; but without the case's being heard he was relieved of his public offices by Charles's order, and forced to retire into private life. He was soon worn out by the boredom of loneliness and inactivity, for he was visited by almost none save Catholics; the others deserted him. (524) TRIAL OF STAFFORD. Now a greater tribunal demands our attention-indeed the greatest in England, and perhaps the most august in all the world. Would that it had been equally just! Stafford was impeached for Treason. As his judges he had the whole of the Upper Chamber, all the Peers of the Realm except the Bishops (who are forbidden by Canon Law to vote in a capital trial on account of their sacred ministry and the gentleness of Christ, whom they arc bound to imitate) and the Catholic Peers, who were excluded from Parliament by a recent law. The prosecution was the whole of the Lower Chamber. The witnesses against Stafford were Dugdall, Oates, and Turberville. The trial began on 30th November and ended on 7th December, when the verdict was given in favour of the prosecution, as will be said below. On the first day, when the case had been formally opened, members of the Lower House, chosen for their legal skill and eloquence to prosecute the prisoner in the name of the others, took up a great deal of the day saying nothing that affected the prisoner in particular. In general they tried to prove that Papism is a fierce, truculent, savage religion. As evidence they adduced the massacre of the Albigenses at Toulouse, the Paris Butchery, the atrocities of Alba. in Belg-ium . etc. They brought up the murder of Godfrey, the


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executions o{ Coleman, the five Jesuits and others, Charles's Proclamations, and the resolutions of Parliament; and concluded therefrom that the English Catholics, with the barbarity usual in those of their religion, had wished to stor m against the Prote tants. The prisoner retorted that it was unjust to fasten on him the blame for crimes of which he disapproved no less perhaps than those who were prosecuting him. But his pr otest went for nothing. (525) On the following day, 1st December, the trial was continued, and one of the prosecutors opened with this assertion: " It is evident from what was said yesterday that the prisoner is guilty, because it is well known with what fervour he has promoted his religion. This the witnesses will now confirm." Then Dugdall appeared. He swore that the prisoner had promised him ÂŁ500 if he would kill Charles; also that he had obtained from the Pope a pardon of his crime with a promise that he should be solemnly canonized after death. When questioned on various points by the prisoner, Dugdall refuted his own statements by saying the opposite. I have treated briefly of this charge, as the complete reply is reserved to the end of the trial. (526) Dugdall was followed by Oates, who said that the prisoner had sent several letters to Fenwick in which he discussed the Plot; and that in his (Oates's) presence he had received from the same Fenwick Letters Patent signed by the General of the Jesuits making him Paymaster of the Army, etc . The prisoner replied (1) that he had never seen Oates before; (2) that Fenwick was not even known to him by name; (3) that for twenty-five years he had neither sent any letters to any priest or Jesuit, nor received any letters from them. Turberville swore that the prisoner had talked with him at Paris about making away with Charles. The prisoner replied that he had never seen Turberville before, and proved it by various arguments. He added tha.t Turberville had sworn to quite a different story before Parliament, and asked to see its records, so that he could convict him of perjury. But the prosecution said it was not allowed for the records to be produced without permission from their House: they admitted that on some points their witness had been mistaken, and that he had said that some of the events of 1671 had occurred in 1673. (527) As Stafford complained that he was feeling weak, the rest of the evidence was held over to the following day, namely 2nd December. On that and the three following days, several witnesses were heard, including some of the Peers who were sitting as judges; these exposed the utter immorality and wickedness of the informers' lives. Then some retorted by praising their goodness. It is really laughable that the prosecution, after producing an Irishman who swore that he had seen Oates at Valladolid, should have jeered at the Papists in language as triumphant as if by the evidence of this one man they had broken down all their defences . They falsely asserted that the Catholic apologists maintained that Oates had not been in Spain, whereas on the contrary the Catholics always recognised that Oates had been at Valladolid, and denied only that he had been to Madrid. By pointing this out, the prisoner took the wind out of their sails; and he had ready arguments which would refute this perjury of Oates's beyond all doubt. But Oates and the others evaded them by refusing to admit that Oates had ever said he had made the journey, although both his own Narrative and the records of the Privy Council and of Parliament contained explicit statements that he did. I should never have


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ventured to say that things so ridiculous and so unjust as these could have found belief, or have been heard with patience, or even said at all, in that great Council of the Peers, had not the records of this trial, published by authority from the royal press and unchallenged by any of the Peers, relieved me of responsibility for the assertion. These things will bear witness to our distant posterity how great was the perversity of these t imes, and how great the injustice of the courts. When Oates said that he had never sincerely professed the Catholic faith, but only pretended to do so, the prisoner said: " See, my noble Lords, how much trust tbis man deserves, who dissembled so long in a matter so important, and who professed a faith which he believed idolatrous." In reply to this most serious objection, Oates merely guffawed. Then the prisoner passed on to Dugdall and Turberville, and refuted their perjuries both by argument and by the evidence of honest men. But to no purpose. For on 7th December, when the vote was taken, thirty-one declaretl him Not Guilty, and fifty-five Guilty. Heneage Finch, Chancellor of England, had been appointed as Lord High Steward (the officer who presides over the Peers in criminal cases): before pronouncing the sentence he made a speech containing the crimes with which the prisoner was charged. I t seems best to give the speech in full and to add a very brief reply to each part. (528) SPEECH OF THE LORD HIGH STEWARD, WITH COMMENTS. "My Lord Viscount Stafford, That which your Lordship hath said in Arrest of Judgment, hath been found by my Lords, upon due consideration had of it, to be of no moment at all . ... My Part therefore which remains is a very sad one: for I never yet gave Sentence of Death upon any man, and I am extremely sorry that I must begin with your Lordship. (529) "Who would have thought that a Person of your Quality, of so Noble an Extraction, of so considerable Estate and Fortune, so eminent a Sufferer in the late ill Times, so Interested in the Preservation of the Government, so much obliged to the Moderation of it, and so personally obliged to the King and his Royal Father for their particular Favours to you, should ever have entered into so infernal a Conspiracy, as to contrive the Murder of the King, the Ruine of the State, the Subversion of Religion, and, as much as in you lay, the Destruction of all the Souls and Bodies in three Christian Nations. (530) "And yet the Impeachment of the House of Commons amounts to no less a Charge, and of this Charge their Lordships have found you Guilty." (531) Answer: These considerations clearly show that no credence should have been given to the three wicked witnesses. Apart from being about seventy years old, the prisoner was a man of tried loyalty to our Kings, even in the most difncult times, and no temptation had ever induced him to swerve from the path of duty. Finally, when he lmew he was being accused, and had opportunity to escape, he did not change his residence. Each of these considerations is a probable argument, and the convergence of them amounts to a demonstration. (532) L.H.S. "That there hath been a General and Desperate conspiracy of the Papists, and that the Death of the King hath been all along one chief part of the Conspirators Design, is now apparent beyond all possibility of doubting." (533) Answer: Nothing was ever more unsuccessful than the attempt to prove this conspiracy; whenever you have tried to cast


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fresh light upon it, you have but added to the darlrness-and this not through lack of wit (of which you have plenty), but from the very spirit of falsehood which cannot bear the light; for the innocence of all the Catholics was confirmed every time it was impugned, and was approved and esteemed by all. (534) L.H.S. (( What was the meaning of all those Treatises which were Publisht about two years since against the Oath of Allegiance, in a time when no man dreamt of such a Controversie? What was the meaning of Father Conyers's Sermon upon the same Subject, but onely because there was a Demonstration of Zeal, as they call it, intended against the Person of the King ? " (535) Answer: It is far from true to say that those treatises were published at a time when no one was thinking about the Oath of Allegiance . About five years earlier, when no one was thinking about it, it was tendered to the Peers of the Upper House, at Charles's order. Some Catholics took it, others refus.e d it, because they knew it had been condemned by the Holy Apostolic See; and these latter caused two priests to write an account of their reasons for rejecting it. These writings were published, without the authors' knowledge, by a Minister called StillingÂŁleet. In Father Conyers's Sermon there is not a word about the Oath of Allegiance; the sermon itself bears witness to this, as also do all those who heard it, with the exception of Oates. (536) L.H.S. "To what purpose were all the Correspondencies with Foreign Nations? " (537) Answer: This charge is applicable to Coleman only; and for this his only crime, if it was a crime and was done without Charles's orders, the other Catholics cannot by any law be held responsible. (538) L.H.S. (( To what purpose the Collections of Money among the Fathers abroad and at home? " (539) Answer: This charge rests on the unsatisfactory autho~ty of Oates; it has never been possible to prove it, because it is simply false. (540) L.H.S. (( What was the meaning of their Governing themselves here by such advices as came frequently from Paris, and Saint Omers? " (541) Answer: This too is remote from the truth, since it is beyond question that no Superior of English Ecclesiastics has lived in those places for a space of ten years; hence it is an impossibility that English affairs have been administered by advices sent from there. (542) L.H.S. (( And how shall we expound that Letter which came from Ireland to assure the Fathers here, that all things were in a readiness there too, as soon as the Blow should be given? " (543) Answer: To what purpose should he expound a letter which never existed outside Oates's crazy head and his mendacious Narrative? This same Oates says that the letter brought news that forty thousand well-armed men were merely waiting for the signal to be given; and yet, though every corner of the whole of Ireland has been ransacked, no arms whatever have been found and scarcely four men who could be held open to suspicion. (544) L.H.S. (( Does any man now begin to doubt how London came to be burnt? Or by what ways and means poor Justice Godfrey fell ? }I


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(545) Answer: The credit of Oates, after all his lies and false oaths, is not so great that it proves the Catholics were the originators of those crimes. (546) L.H .S. "And is it not apparent by these Instances, that such is the frantick Zeal of some Biggotted Papists, that they resolve, No means to advance the Catholic Cause shall be left unattempted, though it be by Fire and Sword ? " (547) Answer: Nothing true follows from false premises. But every single thing you have repeated from Oates's story is false. If less trust had been placed in him from the outset, the royal City would have enjoyed its commerce, the King his leisure, his dominions their peace, and the whole nation at home and abroad its proper prestige. All of which things that perfidious perjurer has afflicted with the help of the Faction, while God by his just judgment has punished the supporters of perjury by means of the very instrument with which they sinned. . (548) L.H.S . "As the Plot in General is most manifest, so your Lordships part in it hath been too too plain. What you did at Paris, and continued to do at Tixall in StatJordshire, shews a settled purpose of mind against the King; and what you said at London touching Honest Will, shews you were acquainted with that Conspiracy against the Kings Life which was carrying on here too: And in all this there was a great Degree of Malice; for your Lordship at one time called the King Heretick and Traitor to God; and at another time you Revil'd him for misplacing his Bounty, and rewarding none but Traitors and Rebels." (549) Answer: The prisoner refuted all these charges so plainly that it is astonishing they could have been repeated so confidently by you . In a few years time, those judges will give glory to God by recognition of the truth which now in their injustice they refuse to give Him. It is in the last degree improbable that the words quoted were ever uttered by the prisoner. The word' heretic' is such an insult that good men do not use it even of private persons. And likewise the expressions" The King is guilty of treason against God, a traitor to Him, etc." could not have come forth from any but the dregs of the people or from men like Oates. You will have difficulty in proving that it was any Catholic who said that" Charles rewards none but the wicked "; to the Catholics it is all one whether Protestant Dick or Presbyterian Harry enjoys an office, since they know that they are themselves excluded by rigorous laws. But the Protestants, especially those who followed the King's side in the Civil Wars, and who expected to have all the offices after Charles's return-they, when they saw that they had been mistaken, often publicly used such expressions as you now attribute to the prisoner. (550) L.H.S. "And thus you see that which the Wise man forewarn'd you of is come upon you, Curse not the King, no not in thy heart, for the Birds of the Air shall reveal, and that which hath Wings will declare the matter." (551) Answer: No Catholic is ignorant of his duty towards the person and dignity of the King. You will have difficulty in persuading anyone who knows the wicked lives of the informers, and the history of their accusations, that these men are the birds of heaven. At first they accused a few Jesuits; then Benedictines, Dominicans ..nd Carmelites; then the whole Catholic laity; and next the Protestants


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themselves whom they called Protestants in Masquerade." Afterwards, as their boldness grew with practice, they assailed the Queen, the sharer of the Royal Throne, and dared to summon to trial York, who is heir to the Throne! Scum of mankind, dregs of the people, criminals guilty even of treason, they did all these things in order to plot against their King (whom they were already indirectly attacking) in greater safety than is usual. They have spared perhaps none of Charles's ministers except you, my Lord Steward. Whether this should be accounted an honour or a disgrace to you, our posterity, who will b~ unprejudiced, shall judge. Bearing these things in mind, if you call these men the birds of heaven," whom will you call the birds of Hell? Whom the Furies ? (552) L.H.S. Three things I shall presume to recommend to your Lordships consideration. In the first place, Your Lordship now sees how it hath pleased God (who deserts no one, unless he is first deserted) to leave you so far to your self, that you are fallen into the Snare, and into the Pit, into that very Pit which you were digging for others." (553) Answer: The prisoner dug no pit for others. Nor did he desert God. Having forsworn heresy in his youth and secured admission into the bosom of the Church, he has cleaved unceasingly to that body, whose head is Christ, God blessed for ever. Nor has he been deserted by God, Whose presence with him is testified by the prisoner's piety in his imprisonment, patience in suffering, Christian fortitude in his agony, and above all else, by the ardent charity with which he loved even his bitter enemies and offered to God fervent prayers for their temporal and eternal welfare. (554) L.H.S. In the next place, Think a little better of it than hitherto you have done, what kind of Religion that is in which the Blind Guides have been able to lead you on into so much ruine and destruction as is now likely to befall you." (555) Answer : Your efforts to shift the odium of this frightfull persecution onto the Catholic priests are all in vain, for it is well known that it had its origin in the Protestants' hatred of the Catholics and in nothing else. The Protestant religion is now considered a thing of disrepute by most people who are untainted with its venom, because it has encouraged such a host of perjuries, and has oppressed so many innocent people with calumnies, substituting lies for truth and turning justice into wormwood. And yet God draws good out of your evil actions, for He is so good, as St. Augustine says, that He would not permit evil, if He were not so powerful that He can draw good out of evil." (556) L.H.S. In the last place, I pray your Lordship to consider, That true repentance is never too late. A Devout Penitential Sorrow, joyn'd with an humble and hearty Confession, is of mighty power and efficacy both with God and Man." (557) Answer: There is no need for you to explain to Catholics how powerful with God is sincere contrition and humble and frank confession of the crimes of which one is really guilty. But this warning that such contrition also has great power with men, to win their mercy, looks in another direction. The Steward holds out hope of life, provided the prisoner acknowledges the crime with which he was charged, even if he is innocent of it. Such a confession would not be Catholic, but hcrctical, not sincere but feigned, false, fallacious, perfidious, perniIt

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cious, loathsome to all good men, hateful to God, and pleasing only to trouble-makers, bad and worthless characters-in a word, welcome only to true Protestants, and that not because it is true, but because it suits their purposes. (558) Abroad, Civil Law allows the torture of free persons; but not so English Law, except in certain specified cases, which are of very rare occurrence. But the enemies of the Catholics have bethought themselves of a new type of torture, unheard of for centuries, namely this threat of death: (( Either acknowledge yourself guilty of the charge against you, or you shall die the death ." The ingenuity of the savage pagans never applied this sort of instrument of torture to their victims. This new embellishment of cruelty we owe to these merciful Protestants who shrink from bloodshed and hate lies more than a dog or a snake. It is less remarkable that others should utter these threats in the obscurity of private houses; it is astonishing that it was possible for them to be insinuated in¡ that great assembly of judges. And the threat is uttered frankly and bluntly in the next passage of the speech. (559) L.H.S. (( There have been some of late, who have refused to give God the Glory of his Justice by acknowledging the Crimes for which they were condemned; Nay, who have been taught to believe, that 'tis a mortal sin to Confess that Crime in Publick, for which they have been Absolv'd in Private; and so have not dar'd to give God that Glory which otherwise they would have done ." (560) Answer : If you had repeated this as what you had heard from the King's Witnesses, theirs would be the duty of proving it; but since you yourself assert it, we naturally await your proofs. If you can prove what you say by no reliable witnesses and by the authority of no single Catholic writer (and certainly you cannot), what shall they think of you who read these things? For certain it is that no theologian has taught your doctrine, no writer has put it into his book, no Catholic has learnt it. You have strayed very far from the truth. (561) L.H.S. (( God forbid your Lordship should be found among the number of those poor mistaken souls whom the ' first thing that undeceives, is Death it self." (562) Answer: With all my heart I beg God that, while yet you live, you may do penance for all that you have said against truth, and done against your conscience and against justice, in persecuting the Catholics and misusing your God-given authority for the ruin of those men whom it was your duty to protect. (563) Then the Lord High Steward pronounced the death sentence customary for traitors: (( You go to the Place from whence you came; from thence you must be drawn upon a Hurdle to the Place of Execution; When you come there, you must be Hang'd up by the Neck, but not till you are dead; for you must be cut down alive; your Privy Members must be cut off, and your Bowels ript up before your face, and thrown into the Fire; then your Head must be severed from your Body, and your Body divided into four Quarters; and these must be at the disposal of the King." (564) He added that the judges would intercede with Charles that Stafford might die by the axe, for that is the manner of execution customary for nobles in England. They found Charles ready to accede to their petition; he gave instructions to the sheriffs of London to have him decapitated. But the sheriffs, wit.h unprecedented audacity, decided


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not to obey the royal command until they had the consent of Parliament So they submitted to Parliament a petition in which they asked what ought to be done . The Upper House replied: Obey. But not so the Lower House, which raised the questions (1) Whether the King, who is neither a judge nor a Peer . has power either to suspend or to order the execution of a sentence? (2) Whether the Upper House has the power to do this? (3) Whether the King has power to quash any part of the punishment? (4) If he can quash a part, why not the whole? While they were arguing heatedly about these points, somebody 'pointed out that, if they pressed this line of argument, it was possible that the prisoner would escape the whole punishment. So all unanimously replied to the sheriffs' petition that the Members of Parliament would be satisfied if the prisoner's head was cut off. " It is said that Russell insisted that the sentence should be carried out exactly as it had been pronounced, and that they ought not to admit that the King has the power to alter a sentence . Hardly eighteen months later he had to invoke the aid of that very same power, which he was now using all his mental gifts to attack, in order to have his own sentence altered. (565) STAFFORD'S SPEECH . The day appointed for the execution was 29th December, the feast of St. Thomas of Canterbury. The prisoner was brought forth from the Tower to a specially constructed platform, and addressed to the crowd of bystanders the following speech which he had in writing: (566) « By the Permission of Almighty God, I am this day brought hither to suffer Death, as if I were guilty of High Treason. I do most truely in the presence of the Eternal, Omnipotent, and Allknowing God, protest upon my Salvation, that I am as Innocent as it is possible lor any man to be (so much as in a thought) of the crimes laid to my charge. (567) « I acknowledge it to be a particular Grace and Favour of the Holy Trinity, to have given me this long Time to prepare my self for Eternity: I have not made so good use of that Grace as I ought to have done, partly by my not having recollected my self as I might have done, and partly because, not only my Friends, but my Wife and Children, have for several daies been forbid to see me, but in the presence of one of my Warders. This hath been a great Trouble and Distraction unt o me; but I hope God of his Infinite Mercy will pardon my Defects, and accept my good Intentions. (568) « Since my long Imprisonment I have considered oft en what could be the Original cause of my being thus accused, since I knew myself not culpable, so much as in thought ; And I cannot believe it to be upon any other account than my being of the Church of Rome. I have no reason to be ashamed of my Religion, for it teacheth nothing but the Right Worship of God, Obedience to the King, and due Subordination to the Temporal Laws of the Kingdom. And I do submit to all Articles of Faith believed and taught in the Catholick Church, believing them to be most consonant to the Word of God. And whereas it has so much and often been objected, that the Church holds that Sovereign Princes, E xcommunicated by the Pope, may by their Subjects be Deposed or Murdered: As to the Murder of Princes I have been Taught as a matter of Faith in the Catholick Church, that such Doctrine is Diabolical, Horrid, Detestable, and contrary to the Law of God, Nature and N ations : and as such from my heart I ( f


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Renounce and Abominate it. As for the Doctrine of Deposing Princes, I know some Divines of the Catholick Church hold it, but as able, and Learned as they have Written against it: But it was not pretended to be the Doctrine of the Church, that is, any point of Catholick Faith: wherefore I do here in my Conscience declare, that it is my true and real Judgement, that this same Doctrine of Deposing Kings, is contrary to the Fundamental Laws of this Kingdom, Injurious to Sovereign Power, and consequently would be in me, or any other of His Majesty's Subjects, Injurious and Damnable. I believe and profess, that there is One God, One Saviour, One Holy Catholick Church, of which through the Mercy, Grace and Goodness of God, I Die a Member. (569) To my great and unspeakable Grief, I have offended God in many things, by many great offences; But I give him most humble thanks, not in any of those Crimes of which I was accused. (570) All the Members of either House having liberty to propose in the House what t}1ey think fit for the good of the Kingdom: accordThe House is judge of the fitness . ingly I proposed what I thought fit. or unfitness of it, and I think I never said anything that was unfitting there, or contrary to the Law and use of Parliament; for certainly if I had, the Lords would, as they might, have some way punished me; So I am not culpable before God or Man. It is much reported of Indulgences, Dispensations, and (571) Pardons, to Murder, Rebell, Lie, Forswear, and commit such other Crimes held and given in the Church; I do here profess in the presence of God; I never Learned, Believed, or Practised any such thing, but the contrary. And I speak this without any Equivocation, or Mental Reservation, whatsoever: And certainly were I guilty, either my self, or knew of anyone that were guilty, (whosoever were so) of any of t.h ose crimes of which I am accused, I were not only the greatest Fool imaginable, but a perfect mad-man, and as wicked as any of those, that so falsly have accused me; If I should not discover any ill design I knew in any kind, and so upon discovery save my life; having so often had so fair occasions proposed unto me; And so am guilty of self-murder, which is a most grit:vous and hainous sin; And though I was last Impeached at the Lords Bar, yet I have great grounds to believe, that I was first brought to Tryal, on the belief, that to save my life, I would make some great Discovery; And truely so I would, had I known any such thing of any ill Design, or Illegal dangerous Plot, either of my self, or any other person whatsoever, without any exception. But had I a thousand lives, I would lose them all, rather than falsly accuse, either my self or any other whatsoever. And if I had known of any Treason, and should thus deny it, as I do now upon my Salvation, at this time, I should have no hope of Salvation, which now I have through the Merits of Christ Jesus. (572) "I do beseech God to bless His Majesty, who is my Lawful King and Sovereign, whom, I was always, by all Laws Humane and Divine, bound to obey; and I am sure that no power upon Earth, either singly or all together, can Legally allow me, or anybody else, to lift up a hand against him, or His Legal Authority. I do hold that the constitution of the Government of this Kingdom is the only way to continue Peace and Quietness; which God long continue. (573) "Next to Treason, I hold Murder in abhorrence, and have ever done, and do; And I do sincerely profess, that if I could at this time :free my self immediately, and establish what Religion I would, It

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and what Government I would, and make my self as great as I could wish, and all by the death of one of these fellows, that by their Perjuries hath brought me to the place where I am, I so much abhor to be the cause of any man's death, that I would not any way be the cause of their murder; how much less would I endeavour the Assassination of His Majesty, whom I hold to be as Gracious a King as ever this or any other Nation had; And under whom the people may enjoy their Liberties, as much as ever any did; And if it please God to grant him Life and Happiness according as I have always wished, and prayed . for, I am morally perswaded, that he, and all his Dominions, will be as happy, and as prosperous as ever people were; which I beseech God grant. (574) "I do most humbly ask Pardon of the Almighty and Allmerciful God, for all the great offences I have committed against his Divine Majesty, and I know he would not have the death, and confusion of a Sinner, but that he may repent, and live; in that assurance I hope; Knowing he never despiseth a contrite heart; And though I have not so feeling a contrition as I would, yet I have it as well as I can; and I doubt not but that God will accept of the good will. (575) "I do desire that all people will forgive me any injury that I have done them in any thing, either wilfully or by chance, and do heartily forgive all people in this World that have injured me, I forgive even those Perjured men, that so falsly have brought me hither by their Perjuries. (576) "I do now upon my Death and Salvation aver, that I never spoke one word either unto Oates or Turbervil, or to my knowledge ever saw him until my Trial; and for Dugdale, I never spoke unto him of anything but about a Foot-boy, a Foot-man, or a Foot-race; and never was then alone with him. All the punishments that I wish them, is, that they may repent and acknowledge the wrong they have done me; then it will appear how innocent I am. God forgive them! I have a great confidence that it will please Almighty God, and that he will in a short time bring Truth to light; then you and all the world will see and know what injury they have done me. (577) "I hope I have made it appear that I have some Conscience: for if I had none, certainly I would have saved my Life by acknowledging my self guilty. Which I should have done, though I know I am not in the least guilty. And I having some Conscience, make very ill use of it; for I throw myself into eternal Pain by thus plainly and constantly denying thus at my Death, the Knowledge of what I am accused of in the least. (578) "I have said thus much in discharge of my Conscience, and do aver upon my Salvation, what I have said to be really true. (579) "I shall say a little of my Trial; and whether it were all according to the known Law, I am too much a Party to say much of it: if it were not so, God forgive him or them that were the cause of it. (580) CI My Judges were all Persons of Honour, who were all as much bound to judge rightly, as if they had been put upon Oath, upon what was legally proved; and not to Vote but according as in their Consciences they were satisfied; and if any of them did otherwise upon any account whatsoever, I beseech God forgive them, I do so heartily. (581) "I shall end with my hearty prayers for the happiness of


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his Majesty, that he may enjoy all happiness in this world and the world to come, and govern his People according to the Laws of God, and that the People may be sensible of what a Blessing God hath so miraculously given them, and obey him as they ought. I ask pardon with a prostrate heart of Almighty God, for all the great Offences that I have committed against his Divine Majesty, and hope through the Merits and Passion of Christ Jesus, to obtain everlasting Happiness; into whose hands I commit my Spirit, asking Pardon of every person that I have done any wrong unto: I do freely forgive all that have any ways wronged me; I do with all the Devotion and Repentance that I can, humbly invoke the Mercy of our Blessed Saviour. (582) "I beseech God not to revenge my innocent Blood upon the Nation, or on those that were the Causers of it, with my last breath. I do with my last breath truly assert my Innocency, and hope the Omnipotent, All-seeing, Just God will deal with me accordingly." (583) After reading this out, Stafford handed the paper to the Sheriff to be given to Charles. Then, kneeling down, he said two prayers, the first in Latin: " 0 Jesus, I confess that my sins are many and great, for which I am afraid; and yet I hope in Thy Mercy and Commiserations, of which there is no limit, etc." The second was in English: he rendered thanks to God for the gift of a most loving wife and children, and returned to God most piously those precious charges. Then, bending forward, he placed his neck upon the block beneath, and prayed silently for a while; then, at the Executioner's third blow, his head was severed from his body. His Catholic fellow-prisoners watched the execution from an upper storey of the Tower, and commended his end to God with fervent prayers. When they saw that all was over, Arundell said cheerfully to the rest: " All has ended happily; let us pray for him no more ; now it is not he who needs our prayers, but we who need his. Let us say a Te Deum." (584) STAFFORD'S LINEAGE. Such was the glorious death of William Howard, Viscount and Baron of Stafford, a scion of the most noble family of the Dukes of Norfolk, second son of Thomas Howard, Earl of Arundel, in Surrey and Norfolk, Earl Marshal of England, Viceroy of Ireland, grandfather of his Eminence Prince Philip Cardinal Norfolk, and great-grandfather of the present Duke of Norfolk. His mother was a daughter of the Earl of Shrewsbury, and belonged to the illustrious family of the Talbots. He had married Mary, the daughter and heiress of Edward Visco Stafford, who traced his lineage by direct descent from the old Dukes of Buckingham, and even from the blood royal (as also did William Stafford) through a daughter Thoma de Bretherton, whose father was Edward I, King of England. By his wife Mary he had seven children (two sons and five daughters). Three of the daughters made their religious profession in Belgium. One, the Marchioness of Winchester, is a widow; the other married after her father's death. (585) Stafford was not mistaken when he said that the truth would soon appear, and that his innocence would be acknowledged. For in the December following, Turberville became seriously ill and confessed that all he had said against Stafford had been false, and that he had been induced to do it by a reward of ÂŁ600. Dugdall frequently cried out in the night, and often even during the day, that Stafford was haunting him. Before a year was out, several of the judges who had pronounced him guilty testified their grief at the verdict pronounced


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against him. Finally, in 1685, the whole Upper Chamber-that is as many of the judges as were then surviving-revoked by solemn decree the sentence passed upon him, and declared him innocent. (586) PROCEEDINGS OF PARLIAMENT. N ow let us examine the proceedings of Parliament. Since neither House was taking the measures which Charles wanted, he summoned both Houses on 15th December, and said: (1) that the treaties with Spain and Holland would not survive for long, unless the Spaniards and Dutch felt confidence about the pact; and that they would not feel confidence until they saw the English living at peace and concord among themselves; (2) if aid were not sent promptly to Tangier, it would be too late; (3) he was ready to assent to their proposals in all other matters but not about the right of Succession, which he did not want changed; (4) they could see what large concessions he was making to them, and he would be glad to see what they would do to please him. The Lower House decreed: (1) that the only remedy against Papism was to deport the principal Papists; (2) that as long as there was any likelihood that York would one day rule, so long Charles's person, the Protestant Religion, and the life, liberty, and property of Protestants were in extreme peril; (3) that the Protestants should make a covenant among themselves to guarantee the security of the King, Religion, and the Protestants against any attackers, and to prevent York or any other Papist from succeeding to the throne. (587) PARLIAMENT AND THE JUDGES. These proposals were an indirect attack on the King's authority. A frontal attack was launched on 17th December, when they resolved (1) that a law should be passed prescribing more frequent meetings of Parliament and longer sessions; (2) that the Judges should retain office, and receive their honoraria, so long as they conducted themselves well (by these resolutions both legislation and jurisdiction were removed from the King's control); (3) that anyone who, acting on authority derived from any source whatsoever, should exact money from the people by ways and means not legally prescribed, i .e. without the consent of Parliament, should be guilty of treason (hence anyone who received money from another, even as a free gift, for Charles's use, would be guilty of treason). Next, they drew up a petition in the name of them all, which was to be presented to Charles. Ostensibly it was couched in modest terms: in fact, however, it declared forcefully and roughly that support would not be sent to Tangier, nor would any taxes be imposed, until the King had consented to exclude York from the succession, and had granted true Protestants permission to make a covenant for mutual defence, which would protect both himself and his realm. They also asked that no one should be appointed anywhere as judge, sheriff of a county, or magistrate, unless he was well known to be a loyal adherent of the true Protestant Religion; also that judges should not be removed from office so long as they conducted themselves well (hence none would be dismissed except after formal trial); and that commissions in both army and navy should be given to none but true Protestants. When Charles had made these concessions they would be ready to grant him all that was needed for the defence of Tangier, for equipping the fleet, and for all other purposes which it was the duty of subjects to Drovide. (fi88) We shall give in the following Book Charles's reply to this p etition- this 'humble' petition, as. Parliament called it-this out-


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rageous petition, as others thought it. A rumour was put about that Charles intended to promote some members to high offices. Parliament, suspecting that the aim was to undermine the loyalty of these members to itself, forbade. on 30th December, any member of Parliament to accept any honourable or lucrative office from the King without the consent of the other members; and they laid down penalties for any who should break this rule. (589) A TERRIFYING COMET. About this time, a comet of unusual size shone in the heavens: it held the gaze of every eye, and filled all minds with fear. No one of our generation had seen its like, nor do any histories of time past record such a comet. Whence they come, and whither they go; whether they are produced by a chance coincidence of secondary causes and by the ordinary Providence of God, or by a special act of the omnipotence of Him Who creates and conserves all thmgs; whether they are symbols of the justice and anger of God or signs of His mercy; whether they are harbingers of peace and blessings, or whether, like the Fetials of old, they are sent to announce war, pestilence and disaster-the discussion of these and all such questions I leave to others who have the leisure. The Turks believed that the comet heralded the fall of the Ottoman Empire, because a similar comet shone when that Empire first arose. That the conjecture was not without ground is shown by their loss of Hungary and by the disasters they have suffered in Morea and Dalmatia. (590) THE TROUBLES OF THE JESUIT COLLEGE IN LANCASHIRE. The Jesuit College in the County of Lancaster had not suffered much harm in the Persecution, nor indeed had the rest of the Catholics of those regions, apart from the imprisonment and condemnation of John Rivers and Richard Barton, who were not, however, executed. The reason for their safety was either that there was none to fan sedition there, or that wicked men saw little hope of reward, or that thinking men had suspected fraud from the outset, or else that after charges of treason had been brought against several persons of conspicuous honesty, people kept their known innocence in view when they passed judgment on other accused persons who were not known. However, at length, before the end of this year, the College shared the happiness of suffering for Christ's sake. The Fathers labouring there for the salvation of souls were put to flight; the Catholics were much inconvenienced; and a pious woman called Mrs. Pennington, already advanced in years and a widow, was accused of treason by her own brother, who was perhaps the sole cause of these troubles. She was brought to trial, but (thanks to the judge's exertions) the malice of the accuser, Blundell, the source and origin of her misfortune, was exposed, and she was declared Not Guilty. Blundell was sharply rebuked and forced to withdraw, crest-fallen, from public affairs. Peace was also given to the others, and the Fathers were restored to their labours in that region.


BOOK V 1681

(591) CONTENTS. The Proceedings of the Parliament held in London. The petition of the Londoners, and their unprecedented Charter. The Parliament at Oxford . The depositions of Sergeant and Maurice. Strife between the two Houses of Parliament. Charles's Declaration; it is warmly received. Trials of College, FitzHarris and Plunkett; their execution. P lunkett's speech. Trials of Miles Stapleton and George Busby. Shaftesbury and others are taken. Bills of indictment against him and various others are rejected by the London Juries. The death of John Paul Oliva. John More is Mayor of London. (592) Consider the tides of the sea: when the moon is new or full, the water pours forth its swollen waves into the estuaries of surrounding rivers, checks their course, and then drives them back, until they flow over their banks and into the adjoining flat places, as if a flood were impending; then, when the water has reached the bounds set by the Providence of God (Who said " Hitherto thou shalt come, and shalt go no further, and here thou shalt break thy swelling waves " -Job , 38, 11), it flows back and withdraws within its former limits. Even so the Faction, forgetful of their duty to the King, and puffed up with pride, drove the populace out of its appointed course, hoping by this means to overwhelm all; but the Providence of God, Who watches for the welfare of England, confounded the designs of the demagogues . For, as the populace returned little by little to its right mind and to complete remembrance of its duty to its ruler, the Faction, deprived of their support, first were benumbed with astonishment, and then began to disperse in flight . Some were saved by having recourse to Charles's clemency, as to some sacred anchor; others suffered due punishment, and paid the penalty they had deserved for their rashness. These things began in this year (1681) and were completed in the two following. (593) All who were free from the spirit of faction wondered at Charles's patience in enduring silently the objectionable things that were said of him both in the speeches of individuals and in petitions of the whole of Parliament. Some put an evil construction on this, attributing it to timidity, or inability to employ a remedy equal to the crime, or even to some want of perception or stupidity. Very few suspected what was the truth, namely that there was a deeper wisdom in this policy: Charles hoped to undermine the authority of Parliament a mong the English, who love Parliaments more than divine or human law permits. It was impossible to destroy this sentiment so long as the two Houses seemed to have nothing but the public good before their eyes. But from their disputes it became apparent that both assemblies, and especially the Lower House, were going farther and aiming at overthrowing the monarchy, appropriating all power to themselves, insulting Charles, refusing his just demands, while themselves making unjust ones, and themselves embarking on a real tyranny, while charging others with tyranny which was a fiction. Parliament's popularity with the people grew chill, and the reverence of the people for their Prince, which they saw was indispensable for their own free-


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dom, returned once more. They had discovered in the time of the Civil Disturbances what the rule of Parliament would probably be like, and had learnt by experience that its smallest finger is more burdensome than the King's whole person. The more moderate members of the Lower Chamber warned their more excitable fellows to proceed with greater restraint; otherwise they would fall out of favour not with Charles merely, but with the people as well. But they were wasting their words: the Faction had either conceived the hope that all would yield before them, or else they were driven on by the fear that they could not defend the things they had dared already, except by daring even more. (594) PROCEEDINGS OF PARLIAMENT. At the beginning of this year the sessions of Parliament were resumed. On the 4th January Charles had the Lower Chamber informed that His Majesty receiv'd the Address of this House with all the disposition They could wish, to comply with their reasonable Desires; but upon perusing it, he is sorry to see their Thoughts so wholly fix'd upon the Bill of Exclusion, as to determine that all other Remedies for the suppressing of Popery will be ineffectual: His Majesty is confirm'd in his Opinion against that Bill by the Judgment of the House of Lords, who rejected it. He therefore thinks there remains nothing more for Him to say in answer to the Address of this House, but to recommend Them the Consideration of all other Means for the Preservation of the Protestant Religion, in which They have no reason to doubt of His concurrence, whenever they shall be presented to Him in a Parliamentary Way; and that They would consider the Present State of the Kingdom, as well as the Condition of Christendom, in such a manner as may enable Him to preserve Tanger, and secure his Alliances abroad, and the Peace and Settlement at home." (595) On 7th January the Commons replied that so long as York remained, neither Religion, nor the King, nor the Constitution, could be sufficiently safe; other remedies would be ineffectual and pernicious; to grant monies, if he were not excluded, would be to imperil all; the members of Parliament would, in making such grants, be relinquishing their duty towards those by whom they had been appointed to Parliament; those who had persuaded Charles not to exclude York had given him pernicious counsel, were supporters of Papism and foes both of King and Kingdom. They mention by name Halifax, Worcester, and Clarendon. And they request that Clarendon, Faversham, and Laurence Hyde be relieved of all offices and expelled from the Privy Council and the Court. That was their way of passing sentence on men who were unheard and unaccused! We shall see below why they were so obstinate in their petitions for the exclusion of York, and why Charles was so firm in refusing. (596) Also on the 7th January, another decree was made, to the effect that if anyone lent money to Charles or induced another to make such a loan, or paid in advance the revenue from any taxes, he would be held to be obstructing the holding of Parliament, and as such be summoned for trial at the next session. On the following days they prepared an indictment against Scroggs, the Justices, and others. Finally, on lOth January, the Commons were informed that Charles had decided to prorogue the present Parliament. At once they passed a resolution that the man who had persuaded Charles to adopt this course was a traitor to the King, the Kingdom and Reliit


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gion, a supporter of the power of France, and a pensioner of the Most Christian King. This shows how thoughtlessly tbey gave their votes, for they were declaring that a man who was completely unknown to them had been corrupted by French gold. But these decrees were mere unaimed thunderbolts, for, first, the consent of the Upper Chamber was not given to them, and secondly, Charles on the same day, by proroguing Parliament to 20th January, put an end to this session without even a mention of these decrees. (597) THE PETITION OF THE LONDONERS. Shaftesbury knew well how important it was for him that this Parliament, so amenable to his wishes, should meet again. Being unable to bend the powers above, he moved Acheron: he secured through his emissaries the drawingup by the City Council of a pamphlet of petition to be submitted to Charles. In it they said that" they bad been extreamly surprized at the late Prorogation of Parliament when they had condemned to death one of the imprisoned Papists and were preparing the trial of the rest, and likewise when they were preparing to try Scroggs and other judges for the sake of Charles, the Kingdom, Religion, and the Constitution; their one hope was that Charles's intention in proroguing Parliament was to make possible further consideration of York's abdication. (For when a Bill has been rejected by one House it is not permissible to reintroduce the same Bill at the same session; but it is otherwise if Parliament has been prorogued even for only a single hour.) Accordingly, they must humbly petition that Parliament may be allowed to meet on a fixed day and to remain in session until they have completed the business on hand." (598) Such was their petition. It seemed a most evil precedent for workmen, before even removing the dust and grime of tbeir workshops, to plunge into secrets of state, and presume to lay down when Parliament should meet and how long it should sit. I cannot find what answer Charles gave to those who presented the petition. He showed what he thought of it in a Proclamation on 18th January, when he dissolved Parliament, and proclaimed another which was to meet on 21st March at Oxford. (599) This Parliament had been most bostile to the Higher Powers, whose authority it had wished to curtail in various respects, namely (1) by introducing a Bill about the convoking of Parliament and about its sessions; (2) because it wished to withdraw the judges from the King's power; for, according to an ancient formula, the power of jurisdiction was conferred upon them during the King's good pleasure, so that they were under the King's control, and could be removed at will by him; but this Parliament proposed t o abandon the old formula and employ a new one : so long as they behave well, this would make it impossible to remove any judge except after a formal trial; (3) because it wanted to declare public enemies any who should voluntarily lend Charles money or pay their taxes before time; (4) because it called in question Charles's power to remit punishments either in whole or in part; (5) because it had wished to convert the hereditary kingship into an elective one. (600) However, the session served Charles's interests, though unintentionally, (1) in that members put aside their disguise and laid . open their secret aims, which moved the more moderate to horror and the good to hate; (2) because between the two Houses were sown seeds of discord, which no efforts of the English Ulysses could root


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out. Hence they never again conspired for the ruin of Charles and his kingdom. (601) Charles convoked the next Parliament not in London, as he had done on other occasions, but at Oxford, because he suspected complicity between the members of Parliament and the citizens of London; and in fact their complicity fell little short of conspiracy, for they were helping each other by interchange of services; the Members were inciting the boldest of the citizens against Charles's way of ruling, and the citizens were encouraging the Members to act boldly; the one side contributed brawn, the other side brain. Taken apart, they were not so dangerous, since the one side would lack direction and the other any forces to direct. But in Oxford the townsfolk were untouched by the ambitions of the revolutionary faction, and supported the King, as also did the University men to a large extent . (602) Accordingly, a petition was drawn up by fifteen Peers, in which they told Charles that the Papists were a source of danger to both himself and the people; that without Parliament no protection and no remedy could be applied; Parliament had been prevented from applying any cure by unexpected prorogations and dissolutions. Now Oxford had been appointed as their place of meeting, though it could not safeguard the members from the Papists' daggers, and was not spacious enough to receive all those who must accompany a modern Parliament; the King's witnesses would be absent, since they were too poor to bear the expense, and they would, moreover, be deterred by fear, in spite of Parliament's protection, because Parliament itself would be in the power of the Royal Bodyguard (many of whom were at least suspect of being Papists); hence there would be question of the validity of Parliament's proceedings. They therefore asked the King to order Parliament to meet in London. The petition bore the signatures of Monmouth, Shaftesbury, Grey, Howard, and others. Essex was chosen by the rest to present the petition to Charles; he was thanked by the City Council for having undertaken a duty which would not ingratiate him with the King; yet he obtained no concession from Charles, who was still tenacious of his purpose. (603) THE LONDONERS' UNPRECEDENTED CHARTER. Everywhere men were busy with the election of members, and almost everywhere the same members were again returned. One thing that was new and without precedent was that the citizens of London presented their members with a Charter in which they thanked them for their valiant and loyal efforts in the last Parliament to repress the Papists, to preserve the King, Religion and the Constitution, to establish frequent and long sessions of Parliament, to defend the rights of the people, and especially to remove York. They then exhorted them to be energetic in pursuing the same aims and not to grant any money, so long as there remained any fear of Papism or Despotism. They must act boldly. The citizens of London would stand by them with their property, and, if need be, with their lives . (604) This evil precedent was followed in other places, where the Faction were strongest in numbers and influence. (605) THE PARLIAMENT AT OXFORD. When the time appointed for the meeting of Parliament was at hand, Charles left behind a few detachments of cavalry and infantry to watch over London, and hastened to Oxford with the rest of his army. The members of Parliament too, made preparations, not so much with a view to defending


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themselves from violence (for Charles's gentle disposition gave no possible grounds for fear) as for starting violence themselves: they collected their friends and dependants, prepared arms, and made compacts amongst themselves, as if they were going to Oxford not to hold discussions but to fight battles. To be able to distinguish their own partisans from others, they had silk ribbons specially made and distributed, to be worn in a conspicuous place on their hats; woven into them was the motto, "No Popery and No lyranny." This armed assembly promised no good. (606) The whole crowd of the King's witnesses flocked to Oxford, in order to increase the fury of hostility against the Catholics: they included Oates and Dugdall, Turberville, and alas! John Sergeant and David Maurice . Summoning the whole Parliament, Charles spoke as follows: "The unwarrantable Proceedings of the last House of Commons, were the Occasion of My parting with the last Parliament. For I, who will never use Arbitrary Government My Self, am resolved not to suffer it in Others .... But whoever will calmly consider what Offers I have formerly made, and what Assurances I renewed to the last Parliament, may wonder more that I had patience so long than that at last I grew weary of their Proceedings ... It is as much My Interest, and shall be as much My Care as yours, to preserve the Liberty of the Subject, because the Crown can never be safe when that is in danger. And I would have you likewise be convinced, that neither your Liberties nor Properties can subsist long, when the just Rights and Prerogatives of the Crown are invaded, or the honour of the Government brought low, and into Disreputation. I let you see by My calling this Parliament so soon, that no Irregularities in Parliaments shall make Me out of Love with Them." He warned them to see" that the just Care you ought to have of Religion be not so managed and improv'd into unnecessary Fears, as to be made a pretence for changing the Foundations of the Government ... But I must needs desire you not to lay so much weight upon anyone Expedient against Popery, as to determine, that all others are ineffectual. " He would never consent to the removal of York; but he would not be reluctant to allow it to be decreed that, in the case of a Popish Successor's coming to the Crown. the Administration of the Government might remain in Protestant Hands, nor to permit any other expedients they might suggest, provided Monarchy was not destroyed. "I must therefore earnestly recommend to you, to provide for the Religion and the Government together, with regard to one another, because they support each other." They must always have before their eyes the established Laws of the land and make their votes in strict conformity with them: he was resolved himself to do the same. (607) THE DEPOSITIONS OF SERGEANT AND MAURICE. When summoned before the Lower House, Sergeant and Maurice presented the paper which they had submitted to the Privy Council on 18th February, 1679. In it Sergeant asserts, on the evidence of Mary Skipwith, that Gavan had said that "Charles could legitimately be killed by his wife on account of the adultery of which he was guilty. In fact, she was under an obligation to do so, lest Charles after increasing the number of his sins should be punished yet more severely in the other world." Maurice said that he had heard the same statement from the same Miss Skipwith, that Gavan in this doctrine had followed his fellow Jesuits, and that Escobar had held the same opinion earlier;


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he himself had gone to Brussels to get a share in the money which Pope Innocent XI had sent there for the relief of the English Catholics who had taken refuge in Belgium; he had found that the money was distributed by those who swear obedience to the Pope, while those who had sworn allegiance to the King were excluded. Upon hearing this information, the members ordered that it be printed and published. This was done at once. It achieved practically no other effect than this, that Sergeant and Maurice will not be able to excuse themselves one day by saying that their reputation of being informers (which hardly does them honour) was put upon them by calumniators. For, as regards Gavan's words, each of the informers reported them on the testimony of one weak woman-and one who was inconsistent, for when questioned on the subject at Brussels, she said that Gavan had merely said" If God had made me a woman, I should never have been able to love, a man who violated the marriage bond." (608) Four or five others who were present when Gavan is said to have made this or the other remark, deny most persistently that he made any mention of the King or Queen or of adultery or murder; so that the whole account is far from true. That the additional statements made by Maurice were false has been declared by the Illustrious Nuncio of Brussels, who has said that he can prove by Maurice's own signature that he received a share of the subsidy, and that the accounts prove that somewhat more was given to him than to any other single person. (609) THE FITZHARRIS CASE. On the day when the printing of the depositions of these informers was ordered, namely 26th March, serious discord arose between the two Houses. The Lower House had transferred the trial of this case to the Lords; and the Lords decided to entrust it to the ordinary courts. This was the decision of the great majority of the Peers, but some-nineteen in number-protested against it, and among them were Monmouth and Shaftesbury. When the Commons heard that the Peers had refused to undertake the task of hearing the case, they passed a sharp decree, in which they declared that this was" a Denial of Justice, and a Violation of the Constitution of Parliaments, and an Obstruction to the further discovery of the Popish Plot, and of great danger to His Majesties Person, and the Protestant Religion"; and" that for any Inferior Court to proceed against Edward Fitz-Harris, or any other Person lying under an Impeachment in Parliament, for the same crimes for which he or they stand Impeached, is an high Breach of the Privilege of Parliament." (610) However, it is quite certain that the Peers did nothing which they were not entitled to do. The other courts would enjoy a great relief from work, if the trial of private cases, even in the first instance, were to be transferred to that supreme tribunal of the Peers. How much time will the Peers have left over from judicial business for conducting the difficult business of the realm, if they are occupied in these minor cases? In general, English Law prescribes that a man shall not be tried except by his peers, that is, by those of the same rank as himself. Further, it seemed unworthy of the honour of the Upper Chamber for it to be compelled to try whatever cases the Commons wished-as if the Lords were obliged to dance attendance on them, and perform the task which they assigned. So the Upper House had right on its side, while the Commons were relying on force, because they wished to rescue FitzHarris from his punishment, in


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order to use him as a witness in bringing York to trial when once he had been deprived of his righ t of succession. (6U) The Commons knew that if the Peers had accepted the trial of this case, in which t hey (the Commons) would act as the prosecution, it would always be in their power either to press the trial or to let it go, just as they chose. So by this decree they were designing a means of impunity for anyone t hey wished, no matter what his crime might be. That is the reason why the Commons maintained the general principle that no other court whatever may hold a trial of persons accused by them without violation of the rights of Parliament; and so judges were deterred from trying any whom Parliament had once accused. (612) On 28th of the same month, the removal of York was proposed in the Commons, and the decree against p.im was read for the first time; the majority voted that it should be given a second reading on the following day. Immediately upon hearing this, Charles dissolved Parliament; he had not wanted to discuss the matter with anyone. On the same day he arrived at Windsor, and before eight on the following morning he was in London, so that no disturbance should be started by the Faction on account of his absence. The Lords of the Faction and the Commoners, well nigh thunder-struck by this unexpected dismissal of Parliament, stood dumbfounded, gaping at one another; and no plan occurred to them. So after remaining speechless for about an hour and a half, since no one dared be the first to speak, the meeting broke up and they went away. It was constantly rumoured at this time that, if they had not been dismissed, Parliament had decided to bring Charles into their own power, to extort by force the removal of York, and afterwards to decide Charles's fate according to their own good pleasure-to decree, in other words, what headstrong subjects usually decree against kings who are their prisoners . Certainly this rumour was believed by Charles; and the conspirators, who underwent various punishments two years later, confirmed it. Besides, they had to hand forces prepared on the pretext of self-defence, but quite adequate for great ventures. Hereafter, the hopes and fortunes of the Faction seemed to ebb away and recede, since they were unable to disguise their wicked purposes by any means at all. (613) CHARLES'S DECLARATION. In order to secure popular approval for his action, Charles published a Proclamation, and gave orders for it to be read in every church. In it he declares: "It was with exceeding great trouble that We were brought to the Dissolving of the two last Parliaments, without more benefit to Our People by the Calling of them: But having done Our part, in giving so many opportunities of providing for their Good, it cannot be justly imputed to Us, that the Success hath not answered our Expectation." The Lords had been warned by himself at the outset to avoid the faults which others had committed . He had been ready to comply with any modest petition, and would have refused nothing which would secure Religion, the public liberties of subjects and their properties, provided only it did not tend to the subversion of the Government. He had asked of them the means necessary for supporting his alliances and assistance for the preservation of Tangier; he had recommended to them the further examination of the Popish Plot-but all in vain. Their " Addresses had been in the nature of Remonstrances." They


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had made arbitrary orders for taking various persons into custody for matters that had no relation to the privileges of Parliament. They had urged the condemnation and removal from office of various persons " without any Order or Process of Law, any hearing of their Defence, or any Proof so much as offered against them ." By these means they were taking to themselves a despotic rule, while throwing his own kingly rule into confusion. Going further, they forbade the payment to him of any money in anticipation, or the gift or loan of anything to him upon security of a part or the whole of the Revenue. Hence we were disabled from giving assistance to our Allies or being an object of terror to our enemies whether at home or abroad, and reduced" to a more helpless Condition than the meanest of Our Subjects," who are able to obtain money on loan, when they are in need. Furthermore, the Commons had resolved "That the Prosecution of Protestant Dissenters upon Penal Laws, is at this time grievous to the Subject, a weakening of the Protestant Interest, an Encouragement to Popery, and dangerous to the Peace of the Kingdom." "By which Vote, without any regard to the Laws establish'd, they assumed to themselves a Power of Suspending Acts of Parliament; whereas our Judges and Ministers of Justice neither can, nor ought, in reverence to the Votes of either or both the Houses, break the Oathes they have taken for the due and impartial Execution of our Laws." These were some of the unwarrantable Proceedings of the last Parliament held in London. In the Parliament at Oxford, no expedient seemed sufficient to the Lower House but the total exclusion by law of his brother-a point which" so nearly concern's Us both in Honour, Justice, and Conscience, that we could never consent to it. And we have reason to believe that, after the passing of a Bill of Exclusion, the intent was. . . . to attempt some other Great and Important Changes even in Present." Another dispute arose about FitzHarris, whose case the House of Lords thought, as he also did, should be referred to the ordinary Course of Law; but the Commons wished to snatch it out of their hands, and the case was called to Parliament. The Commons also passed a severe censure on the Lords, without even holding an enquiry as to why the Lords were unwilling to try the case. "This was the Case, and every day's continuance being like to produce new Instances of further Heat and Anger between the two Houses, to the disappointment of all Public Ends, for which they were Call'd, We found it necessary to put an end to this Parliament likewise." He warns them, however, not to believe the malicious speeches of disturbers of the peace, who say that he is ill-disposed towards Parliaments on account of some unwarrantable proceedings of Parliament, or that he intends hereafter to lay aside the use of Parliaments; he declares that he looks upon them as " the best Method for healing the Distempers of the Kingdom, and the only means to preserve the Monarchy in that due Credit and Respect which it ought to have both at home and abroad." He declares that he is resolved" to have frequent Parliaments ... to extirpate Popery, and to redress all the Grievances of our good Subjects, and in all things to govern according to the Laws of the Kingdom." He hoped in this to have the assistance of the better and more loyal part of the People, who remember the steps by which Civil War, the greatest of all evils, had arisen not so long before and who know" that Religion, Lib rty


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and Property were all lost and gone when the Monarchy was shaken off, and could never be reviv'd till that was restored." (614) This royal Declaration was welcomed by the majority of people, who detested the base designs of the revolutionary Faction, shuddered at the sight of the danger which had come so close, and rejoiced that the kingdom had escaped from it, almost before knowing of it. Sincere expressions of gratitude poured in from all quarters, thanking Charles for serving the public interest by his prompt dissolution of Parliament, begging him to carryon in this way, and placing at his disposal, against the disturbers of the State, their service, their property and their very life. These protestations came in from the most diverse places; which shows that the Faction, though the more obstreperous portion of the population, and though calling themselves " the English People," were not the majority nor the more powerful section of the people. (615) For the sake of his own peace and that of his kingdom, Charles punished a few printers, who several times each week made up and disseminated news which was false and likely to foster dissension. Lestrange opposed them in his usual way, by refuting their lies, exposing their seditious activities and discourses, refuting their treasonable teachings, and meeting them on their own ground. He thus drew all the violence of that bitter Faction upon himself; but he could easily treat it with disdain. He served the State as well as any mortal could; his name was dear to all who remained in their allegiance, and was hated only by those who had strayed from the path of duty. (616) TRIAL OF PLUNKETT AND FITZHARRIS. Charles was determined to punish FitzHarris as he deserved, so that no further disturbances should occur in the future on his account. In order, therefore, that no juryman or other citizen should have any scruple on account of the decree made by the Commons at Oxford, Charles had the Judges consulted as to whether the Law permitted that FitzHarris be brought to trial outside Parliament. They replied unanimously in the affirmative. So on 30th April he was summoned to answer the charges brought against him. For a long time he wrangled with the tribunal, refusing to admit its authority and protecting himself with the name of Parliament, as if it were a shield held out before him. However, he was at length obliged to yield when he was warned by the Judges that he would be condemned unheard as contumacious if he did not contest the case by answering in the normal manner. But when the trial had been formally begun, as he said that a witness whom he needed was then in Holland, the rest of the case was deferred to 9th June. (617) On 8th June the Illustrious and Reverend Oliver Plunkett, Archbishop of Armagh and Primate of Ireland, was impeached for treason. He had been committed to a prison in Ireland, and a day had been appointed for the hearing of the case; but as the witnesses had lost hope of being believed when all was made known, they forfeited their deposit, came to London, and through the influence of the Faction, had both the case and the prisoner transferred to the capital. The witnesses brought against him were clerics, and some were religious as well-men whom he had laid under ecclesiastical censures because he could neither endure their bad conduct any longer, nor correct it. The charges against him were that he had


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been made Primate of Ireland at the instance of the Most Christian King, that he had undertaken the task of receiving that King's victorious armies into Ireland, in order to wipe out the Protestant population; that with this aim in view he had visited the seaports to select those most convenient for receiving the French troops; that he had collected a huge sum of money and had raised an army of up to 70,000 men. The other charges will be seen from the distinguished Primate's speech to be given below. The prisoner asked for the case to be adjourned for ten days, saying that this interval was necessary in order to summon from Ireland persons to whom both the witnesses and himself were well known, and that authentic documents were due to arrive from various cities, whose public records could prove that some of the witnesses had escaped capital punishment by breaking prison, and that all were steeped in crime and specially hostile to himself because he had enforced the rigour of the law against them; hence, he claimed, on account of their evil character, they ought not to bear witness against anyone, and least of all against him, on account of their wellknown hostility. He had collected no money, he said, outside his own diocese, nor within it any beyond what clerics are obliged by the custom of the country to contribute to the support of their Bishop; this scarcely amounted to ÂŁ60 a year; he lived in a small thatched house with one man-servant, and the money collected for him would not have sufficed to support more. He had never levied any soldiers, nor had the means to do so. Essex and Berkeley, Viceroys of Ireland, had praised him greatly as one who had served the public well by working for peace and restraining seditious characters within the bounds of duty. This, and much more in the same strain, is what the prisoner said. (618) On the 15th, although the Archbishop could show that his witnesses had arrived at Coventry, a city only 60 miles distant from London, and could appear within two days, this adjournment, though so short, was refused, and sentence was passed upon him and FitzHarris together. Both were to suffer the customary penalties of public enemies for the crime of High Treason. It was justly inflicted upon the one and wrongly upon the other. There is a widespread belief that this man of happy memory was put to death for no other reason than to help the Faction to accept more easily the death of FitzHarris. When the prisoners were being taken from prison to the gallows, the difference of their cases was manifested in their expressions, for the hope of heavenly life afforded by Christ's words to those who" suffer for justice's sake" took entire possession of Oliver's heart, and filled it with joy, which overflowed into his eyes and his whole face and inspired him with remarkable lightness of heart. As for the other, his face was wrinkled with gloom, his eyes were downcast, and his whole manner betrayed despair: he was the living image of a man passing through a shameful death to eternal misery. (619) PLUNKETT'S SPEECH. Oliver was the first to mount the cart. Standing there, he addressed the bystanders in the following words: "I have some few days past abided my trial in the King's Bench, and now very soon must hold up my hand at the King of King's Bench, and appear before a Judge Who cannot be deceived by false witnesses or corrupted allegations, for He knoweth the secrets of hearts; neither can He deceive any, or give an unjust sentence, or be misled by respect of persons. He being all goodness, and a most


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just Judge, will infallibly decree an eternal reward for all good works, and condign punishment for the smallest transgressions against His commandments; which being a most certain and undoubted truth, it would be a wicked act, and contrary to my perpetual welfare that I should now, by declaring anything contrary to truth, commit a detestable sin, for which within a very short time I must receive sentence of everlasting damnation, after which there is no reprieve or hope of pardon. I will therefore confess the truth without any equivocation, and make use of the words according to their accustomed signification; assuring you, moreover, that I am of that certain persuasion, that no power in earth or Heaven can dispense or give me leave to make a false protestation. And I protest, upon the words of a dying man, and as I hope for salvation at the hands of the Supreme Judge, that I will declare the naked truth with all candour and sincerity. And, that my affairs may be better known to all the world, it is to be observed that I have been accused in Ireland of treason and premunire, and that I was there arraigned and brought to my trial; but the prosecutors (men of flagitious and infamous lives), perceiving that I had records and witnesses who would evidently convince them and clearly show my innocence and their wickedness, they voluntarily absented themselves, and carne to this city to procure that I should be brought hither to my trial, where the crimes objected were not committed, where the jury did not know me or the quality of my accusers, and were not informed of several other circumstances conducing to a fair trial. Here, after six months' close imprisonment, or thereabouts, I was brought to the Bar on the 3rd of May, and arraigned for a crime for which I was before arraigned in Ireland. A strange resolution, a rare fact, of which you will hardly find a. precedent these five hundred years past. But whereas my witnesses and records were in Ireland, the Lord Chief Justice gave me five weeks' time to get them brought hither; but by reason of the uncertainty of the seas, of wind and weather, and of the difficulty of getting copies of records and bringing many witnesses from several counties in Ireland, and for many other impediments (of which affidavit was made), I could not at the end of five weeks get the records and witnesses brought hither; I therefore begged for twelve days more, that I might be in readiness for my trial, which the Lord Chief Justice refused; and so I was brought to my trial, and exposed, as it were with my hands tied, to these merciless perjurers who did aim at my life, by accusing me of these following points. " First, that I have sent letters by one Nial 0 Neale (who was my page) to Monsieur Baldeschi, the Pope's Secretary; to the Bishop of Aix, and to Principe Colonna, that they might sollicit forraign powers to invade Ireland; and also to have sent letters to Cardinal Bullion to the same effect. " Secondly, to have imployed Captain Con 0 Neale to the French King for succour. " Thirdly, to have levied and exacted moneys from the clergy of Ireland to bring in the French, and to maintain seventy thousand men. "Fourthly, to have had in a readiness seventy thousand men, and lists made of them, and to have given directions to one Frier Duffy to make a list of 250 men in the Parish of Fogart in the County of Lowth. " Fifthly, to have surrounded all the forts and harbours of lreland,


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and to have fixed upon Carlingford as a fit harbour for the Frenches landing. " Sixthly, to have had several Councils and Meetings, where there was money allotted fot introducing the French. " Finally, that a Meeting in the County of Monaghan, some 10 or 12 years past, where there were 300 Gentlemen of three several Counties, to wit Monaghan, Cavan, and Armagh; whom I did exhort to take arms to recover their es tates. " To the first I answer that Nial 0 Neale was never my Servant, or Page, and that I never sent letter or letters by him to Monsieur Baldeschi, or the Bishop of Aix, or to Principe Colonna. And I say, that the English translation of that pretended letter produced by Frier Macmoyer is a mere invention of his, and never penned by me, or its original, either in English, Latin, Italian, or any other Language. I affirm, moreover, that I never wrote letter or letters to Cardinal Bullion, or to any of the French King's Ministers, neither did any who was in that Court either speak to me, or write to me directly or indirectly, of any Plot or Conspiracy against my King or Country. Farther I vow that I never sent agent or agents to Rome, or to any other Court, about any civil or temporal affairs; and 'tis well known (for it is a precept publicly printed) that clergy-men (living in countries where the government is not of Roman Catholics) are commanded by Rome, not to write to Rome, concerning any civil or temporal affairs . And I do aver, that I never received letter or letters from the Pope, or from any other of his Minister making the least mention of any such matters: so that the Friers Macmoyer and Duffy swore most falsly, as to such letter or letters, agent or agents. " To the second, I say that I never employed Capt. Con 0 Neal to the French King or to any of his Ministers; and that I never wrote to him, or received letters from him; and that I never saw him but once, nor ever spoke to him, to the best of my remembrance, ten words; and as for being in Charlemont, or Dungannon, I never saw him in them towns, or knew of his being in those places; so that as to Con o Neal, Frier Mack Moyer's Depositions are most false . " To the third, I say that I never levyed any Money for a Plot or Conspiracy, for bringing in Spaniards or French, neither did 'I ever receive any on that account, from priests or fryers, as Priest MacClave and Fryer Duffy most untruly asserted. I assure you, that I never received from any clergy-man in Ireland, but what was due to me by ancient custom for my maintenance: and what my predecessors these hundred years past were wont to receive; nay I received less than many of them. And if all what the Catholick clergy of Ireland get in the year, were put in one purse, it would signify little or nothing to introduce the French, or to raise an army of seventy thousand men, which I had inlisted and ready, as Fryer Mac Moyer most falsely deposed; neither is it less untrue what Fryer Duffy attested, viz. that I directed him to make a list of 250 men in the Parish of Foghart, in the County of Lowth. " To the fifth, I answer, that I never surrounded all the forts or harbours of Ireland, and that I was never at Cork, Kinsale, Bantry, Youghal, Dungarvon or Knock Fergus; and these 36 years past I was not at Limerick, Duncanon or Wexford. As for Carlingford, I was never in it but once, and staid not in it above half an hour; neither did I consider the fort or haven; neither had I it in my thoughts

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or imagination to :fix upon it, or upon any other fort or haven, for landing of French or Spaniards; and whilst I was at Carlingford (by mere chance, passing that way) Fryer Duffy' was not in my company as he most falsely swore . " To the sixth, I say that I was never at any meeting of 300 gentlemen of the three Counties of Monaghan, Armagh, and Cavan, nor of one County, nor of one Barony; and that I never exhorted Gentleman or Gentlemen either there, or in any other part of Ireland, to take arms for the recovering their estates; and 'tis well known that there are not even in all the Province of Ulster 300 Irish Roman Catholicks, who had estates, or lost estates bv the late rebellion; and as 'tis well known all my thoughts and endeavours were for the quiet of my country, and especially of that Province. (620) "Now to be brief, as I hope for salvation, I never sent letter or letters, agent or agents, to Pope, King, Prince, or Prelate, concerning any Plot or Conspiracy against my King or Country; I never raised sum or sums of money, great or small, to maintain souldier or souldiers all the days of my life; I never knew or heard, (neither did it come to my thoughts or imagination) that the French were to land at Carlingford; and I believe there is none who saw Ireland even in a Map, but will think it a mere romance; I never knew of any plotters or conspirators in Ireland but such as were notorious and proclaimed (commonly called Tories) whom I did endeavour to suppress. And as I hope for salvation, I always have been, and am intirely innocent of the treasons laid to my charge, and of any other whatsoever. (621) "And tho' I be not guilty of the Crimes of which I am accused, yet I believe none came ever to this place who is in such a condition as I am; for if I should even acknowledge, (which in conscience I cannot do, because I should bely my self) the chief crimes laid to my charge, no wise man that knows Ireland would believe me. If I should confess that I was able to raise 70,000 men in the districts of which I had care, to wit, in Ulster; nay even in all Ireland, and to have levyed and exacted moneys from the Roman Clergy for their maintenance, and to have prepared Carlingford for the French's landing, all would but laugh at me; it being well lmown, that all the revenues of Ireland, both spiritual and temporal, possessed by His Majesty's subjects, are scarce able to raise and maintain an army of 70,000 men. If I will deny any of those crimes (as I did, and do) yet it may be that some, who are not acquainted with the affairs of Ireland, will not believe that my denial is grounded upon truth, tho' I assert it with my last breath. I dare venture farther, and affirm, that if these points of 70,000 men, etc., had been sworn before any Protestant jury in Ireland, and had been even acknowledged by me at the Bar, they would not believe me, no more than if it had been deposed, and confessed by me, that I had flown in the air from Dublin to Holy-head. (622) "You see, therefore, what condition I am in, and you have heard what protestations I have made of innocency, and I hope you will believe the words of a dying man. And that you may be th e more induced to give me credit, I assure you that a great peer sent me notice that he would save my life if I would accuse others; but 1 answered that I never knew of any conspirators in Ireland, but such as were publicly known outlaws, and that to save my life I would not falsely accuse any, nor prejudice my own soul. Quid p'Yodest homini . . ? To take away any man's liIe or goods wrongfully, ill becometh any


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Christian, especially a man of my calling, being a clergyman of the Catholic Church, and also an unworthy prelate, which I do openly confes ; neither will I deny to have exercised in Ireland the functions of a Catholic prelate, as long as there was any connivance or toleration; and by preaching, and teaching, and statutes, to have endeavoured to bring the clergy (of which I had a care) to a due comportment according to their calling: yet some who would not amend had a prej udice against me, and especially my accusers, to whom I did endeavour to do good-I mean the clergymen (as for the four laymen who appeared against me, I was never acquainted with t~em). But you see how I am rewarded, and how by false oaths they have brought me to this untimely death: which wicked act being a defect of persons, ought not to reflect upon the Order of St. Francis, or upon the Roman Catholic clergy, it being well known that there was a Judas among the twelve Apostles, and a wicked man among the deacons called Nicholas; and even as one of th said deacons, viz., holy Stephen, did pray for those who stoned him to death, so do I for those who with perjuries spill my innocent blood, saying as St. Stephen did, '0 Lord lay not this sin to them.' I do heartily forgive them, and also the judges, who, by denying me sufficient time to bring my records and witnesses from Ireland, did expose my life to evident danger. I do also forgive all those who had a hand in bringing me from Ireland to be tried here, where it was morally impossible for me to have a fair trial. I do finally forgive all who did concur directly or indirectly, to take away my life; and I ask forgiveness of all those whom I ever offended by thought, word, or deed. I beseech the All-powerful, that His Divine Majesty grant our King, Queen, the Duke of York, and all the royal family, health, long life, and all prosperity in this world, and in the next everlasting felicity. (623) "Now that I have showed sufficiently, as I think, how innocent I am of any plot or conspiracy, I would I were able with the like truth to clear myself of high crimes committed against the Divine Majesty's commandments, often transgressed by me, for which I am sorry with all my heart, and if I should, or could live a thousand years, I have a firm resolution and a strong purpose, by your grace, 0 my God, never to offend you; and I beseech your Divine Majesty, by the merits of Christ, and by the intercession of His Blessed Mother, and all the holy angels and saints, to forgive me my sins, and to grant my soul eternal rest. (624) "To the final satisfaction of all persons, that have the charity to believe the words of a dying man; I again declare before God, as I hope for salvation, what is contained in this paper, is the plain and naked truth without any equivocation, mental reservation, or secret evasion whatsoever; taking the words in their usual sense and meaning, as Protestants do, when they discourse with all candour and sincerity. To all which I have here subscribed my hand, Oliver Plunkett." (625) Then FitzHarris mounted the cart. He was as guilty of treason (for his libellous tracts against Charles) as Plunkett was innocent. Having called for the assistance of the Ministers at that solemn moment, he admitted to them in a few words that he was guilty of the crimes laid to his charge. Desiring that more complete information should be made known concerning his own crimes and those of his accomplices, he had committed it to writing, and had already entr usted this to a


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Minister. Upon hearing this, the Sheriff who was present, being afraid that the document might contain incriminating evidence against himself or his friends, the contrivers of revolution, asked that it be handed over to himself, saying that it belonged to him in virtue of his office. But the Minister declined the request by saying that the document had already been handed to a person of quality. When asked about his religion, FitzHarris said that the Minister would answer about that. (626) The cart was then drawn away and the two hung there, one of them a victim pleasing to God and the saints, to whose numbers even the Protestants said he was added. Their entrails were burnt, and their bodies when quartered were left to be buried by the friends they had left behind them. (627) r Plunkett' is an ancient and noble name in Ireland, but none has shed more lustre on it than the illustrious Lord Oliver, by his great learning, his remarkable piety, his position of Primate-the highest ecclesiastical dignity in the Kingdom of Ireland, but most especially by his death, which is precious in the sight of the Lord. Educated in the Irish College in Rome, he made such progress in his higher studies that the office of teaching sacred Theology in the College de Propaganda Fide was entrusted to him. Here his capacity and industry so impressed the Sacred Congregation which had charge of the College that he was appointed Archbishop to the vacant See of Armagh. While there performing the strenuous duties of a good shepherd, keeping off the wolves from the Lord's fold, restraining the turbulent, and punishing according to the rigour of Canon Law some discontented religious who had not been improved by milder remedies, he provoked such hostility that, when it was reinforced by hatred of the Faith, he could not overcome it. (628) In London, he was confined in the same prison and in the very same cell which Father Harcourt, S.J., the Provincial, had occupied. When he learnt of the many pious exercises with which Father Harcourt had prepared himself for death, he prayed to him with remarkable piety and heartfelt devotion. And when he heard that Charles would permit the burial of his body, he begged insistently of those who, he knew, would have charge of the task, to bury him at the feet of the aforesaid Father of happy memory. He was not deprived of his desire, for no one ventured to violate the last will and testament, as it were, of the holy Prelate. The witnesses who had accused him were sent back to Ireland, and there paid the penalty for their crime by being put to death. (629) Shortly afterwards, the document which FitzHarris had entrusted to the Minister was published. In it Howard, Baron Escrick, was accused of the authorship of the most objectionable of all the libellous tracts, and the sheriffs of London were charged with complicity (which shewed that it was not without reason they had been anxious about the document). It also contained other matters of extreme importance, affecting not York or the Queen but Charles directly, who, the Faction said, was a greater menace to Liberty and Religion than York himself. (630) SHAFTESBURY AND OTHER S ARE SEIZED. FitzHarris's wife and her maidservant confirmed upon oath the allegations against Escrick. So first Escrick and then Shaftesbury were cast into the Tower of London, and the documents found in their closets were placed


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before the Privy Council. Also committed t o prison were Rouse, Haines, White and College, who was nick named, from t he craft he practised and his zeal against P apism, " the Protestant Joiner." These are indeed mere names; but t hey lacked neither in gen uity nor assiduity, and a bounded in audacity . So, r emarkable as it may seem, there was in the dregs of the populace t he wherewithal to overthrow a powerful king. (631) THE 'ASSOCIATION.' In Shaftesbury's closet was discovered a paper entitled " The Association ." Not only in its title, but in its matter a nd in the whole of its contents it agrees with the Association made by the French Leaguists, so that beyond dou bt the idea was borrowed from them; but it was at the same time greatly altered for the worse, in so far as the French are more reserved, and these English conspirators more open in throwing off the yoke of obedience . This will be plain to anyone who compares this Association with the second published by Maimbourg. The document runs as follows: " 1. We the knights (he lists those who are members of the Lower House) finding, to the grief of our hearts, the popish priests and Jesuits, with the papists, and their adherents and abettors, have, for several years last past, pursued a most pernicious and hellish plot, to root out the protestant religion as a pestilent heresy, to take away the life of our gracious king, to subvert our laws and liberties, and to set up arbitrary power and popery. "2. And it being notorious that they have been highly encouraged by the countenance and protection given and procured for them by James, Duke of York, and by their expectations of his succeeding to the crown; and that through crafty popish councils, his designs have so far prevailed, that he hath created many and great dependants upon him, by his bestowing offices and preferments both in church and state. "3. It appearing also to us, that by his influence, mercenary forces have been levied and kept on foot for his secret designs, contrary to our laws; the officers ther eof having been appointed by him, to the apparent hazard of his maj esty's person, our religion and government, if the danger had not been timely foreseen by several parliaments, and part of those forces, with great difficult y , caused by them to b e disbanded at the kingdom's great expence; and it being evident, that notwithstanding all the continual endeavours of the parliament t o deliver his m a jesty from the councils, and out of the power of the said Duke, yet his interests in t he m inist ers of state, and others, have been so ¡prevalent, t hat parliaments have been un reasonably prorogued and dissolved when they have been in hot pursuit of the popish conspiracies, and ill m inisters of state, their assistants. "4. And t hat the said Duke, in order to reduce all to his own power, h at h procured the garrisons, the army, and amunition, and all the power of the seas an d soldiery, and lands belonging to these three kingdoms, to be put into the hands of his party and their adherents, even in opposition to the advice and order of the last parliament. " 5. And as we, considering with heavy hearts how greatly t he strengt h, reputation, and treasure of the kingdom, both at sea and land, is wast ed and consumed and lost by the intricate, expensive m an agement of these wicked destructive designs; and finding the same counsels, after exemplary justice upon some of the conspirators, t o be st ill pursued with the utmost devilish malice and desire of revenge,


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whereby his majesty is in continual hazard of being mnrdcrecl, to make way for the said Duke's advancement to the crown, and the whole kingdom, in such case, is destitute of all security of their religion, laws, estates, and liberty, sad experience, in the case of Queen Mary, having proved the wisest laws to be of little force to keep out popery and tyranny under a popish prince. "6. We have therefore endeavoured in a parliamentary way, by a bill for the purpose, to bar and exclude the said Duke from the succession to the crown, and to banish him for ever out of these kingdoms of England and Ireland: but the first means of the king and kingdom's safety being utterly rejected, and we left almost 'in despair of obtaining any real and effectual security, and knowing ourselves to be entrusted, to advise and act for the preservation of his majesty and the kingdom, and being persuaded in our consciences, that the dangers aforesaid are so eminent and pressing, that there ought to be no delay of the best means that are in our power to secure the kingdom against them, we have thought fit to propose to all true protestants an union amongst themselves, by solemn and sacred promise of mutual defence and assistance in the preservation of the true protestant religion, his majesty's person, and royal state, and our laws, liberties and properties; and we hold it our bounden duty to join ourselves for the same intent, in a declaration of our united affections and resolutions, in the form ensuing; (632) "I, A.B., do, in the presence of God, solemnly promise, vow, and protest, to maintain and defend to the utmost of my power, with my person and estate, the true protestant religion, against popery and all popish superstition, idolatry, or innovation, and all those who do, or shall endeavour to spread or advance it within this kingdom. (633) "I will also, as far as in me lies, maintain and defend his majesty's royal person and estate, as also the power and privilege of parliaments, the lawful rights and liberties of the subject, against all encroachments and usurpation of arbitrary power whatsoever, and endeavour entirely to disband all such mercenary forces as, we have reason to believe, were raised to advance it, and are still kept up in and about the city of London to the great amaze and terror of all the good people of the land. (634) "Moreover, James, Duke of York, having publicly professed and owned the popish religion, and notoriously given life and birth to the damnable and hellish plots of the papists against his majesty's person, the protestant religion, and the government of this kingdom, I will never consent that the said James Duke of York, or any other, who is or hath been a papist, or any way adhered to the papists in their wicked designs, be admitted to the succession of the crown of England; but by lawful means, and by force of arms, if need so require, according to my abilities, will oppose him, and endeavour to subdue, expel and destroy him, if he come into England, or the dominions thereof; and seek by force to set up his pretended title, and all such as shall adhere to him, or raise any war, tumult, or sedition for him, or by his command, as public enemies of our laws, religion, and country. (635) " To this end, we, and everyone of us, whose names are underwritten, do most willingly bind ourselves, and every one of us unto the other, jointly and severally, in the bond of one loyal society or association; and do promise and vow, before God, that with our joint and particu lar forces, we will oppose a nd pursue unto destruction,


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all such, as upon any title whatsoever shall oppose the just and righteous ends of this association; and maintain, protect and defend, all such as shall enter into it in the just performance of the true intent and meaning of it. And lest this just and pious work should be any ways obstructed or hindered for want of discipline and conduct, or any evilminded persons, under pretence of raising forces for the service of this association, should attempt or commit disorders, we will follow such orders as we shall, from time to time, receive from this present parliament, whilst it shall be sitting, or the major part of the members of both houses subscribing this association, when it shall be prorogued or dissolved; and obey such officers as shall by them be set over us in the several countries, cities, and boroughs, until the next meeting of this or another parliament, and will then shew the same obedience and submission unto it, and those who shall be of it. (636) ÂŤ Neither will we, for any respect of persons or causes, or for fear or reward, separate ourselves from this association, or fail in prosecution thereof during our lives, upon the pain of being by the rest of us prosecuted and suppressed as perjured persons, and public enemies to God, the king, and our native country. (637) ÂŤ To which pains and punishments we do voluntarily submit ourselves, and everyone of us, without benefit of any colour or pretence to excuse us. In witness of all which premises to be inviolably kept, we do to this present writing put our hands and seals, and shall be most ready to accept and admit any others hereafter into this society and association." (638) Such was the Association-an offensive and defensive compact, made not only without Charles's knowledge, but contrary to his will, and in face of the opposition of the Peers of the Upper House. That it constitutes an act of treason is beyond question, for by right both human and divine the King is the head of the whole state, and all subjects should be united with him, and through him among themselves; he is the best and indeed the only centre of unity in civil society, as the Bishop is in ecclesiastical society; hence to set up a new unity which excludes the King is just the same as to wrench the head away from the body, to renounce the head, to lacerate the body of monarchy, and set up another body unknown to law and plainly opposed to the monarchic constitution. (639) The Preface, for all its pomp, contains no element of truth, but merely the patchwork of fancies clumsily put together by Tonge and confirmed by Oates with his false oaths, although the falsity of these fancies was clear to all before the first threads of this compact were woven. They say that Parliament had been prorogued or dissolved with evil intent, in favour of the Papists, yet another explanation-the true one-jumps to the eye of anyone who reads their proceedings. (640) The first article is treasonable, because in it they vow to combat the Papists and their supporters without exception; yet York was a Papist and Charles a supporter of the Papists, so that they are declaring war on both York and Charles, as also on the Protestant religion, which they accuse of being tainted with Papism and superstition, as has been mentioned elsewhere. (641) Equally treasonable is the second article, where they pledge themselves to defend the power and rights of Parliament. For appeart<


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ances' sake, and to impose upon good men, they add the security of Charles's person; the sincerity of their concern for him may be judged from their wanting to be armed themselves, while he was to be left utterly defenceless by the disbanding of his bodyguard. (642) The third article incurs the charge of treason both by setting York aside and by threatening with death all without distinction who should recognise his right to the throne-among whom Charles himself was pre-eminent. (643) The fourth article makes their evil designs still plainer, since it bluntly threatens with the extreme penalty all who oppose the compact, not even Charles being excepted . (644) They go further in the fifth article, where they transfer the supreme power and authority from Charles-as if he had abdicated it-to Parliament, or to the seditious portion of Parliament, and promise loyalty and prompt obedience to this alone. (645) Their detestable ambitions are confirmed in the sixth article, when they promise never to renounce this compact, and threaten those who should regain their senses and return to their duty to the King, with the extreme penalties, as if they were public enemies. (646) So also in the seventh article, where they call down upon themselves the statutory punishments of public enemies, if they should renounce the compact. (647) It is plain, therefore, that by this Association not only York but Charles as well were in truth being set aside, monarchy was being overthrown, and an aristocracy set up; thus the whole present constitution was being dissolved and another set in its place . In other words, the Associates were really doing just what they were falsely and calumniously accusing the Catholics of doing. (648) PENAL LAWS IN ENGLAND AGAINST DISSENTERS FROM THE OFFICIAL RELIGION. Charles, who had long known that the Faction were rearing up a great monster for the ruin of the kingdom, saw from the discovered document that the rebellion was no longer at the stage of being planned, but was already in train. He thought seriously about a remedy, and nothing occurred to him as more likely to be effective than the strict enforcement of the laws passed against religious malcontents and disturbers of the peace. The Faction themselves provided him with a specious reason for doinO' this: in their hatred of the Catholics they complained of his excessive indulgence towards them. On account of their good services to himself and his father, Charles had done them the favour of either partly relaxing or totally suspending the severity of the Law: he was moved to do this either by goodwill towards the Catholics, or by the mildness of his disposition, which loathed all violence and preferred to suffer harsh treatment rather than inflict it. Since, then, the Faction were declaiming like actors in tragedy against this benevolence of their gracious Prince, and some were denying that he had the right to exercise benevolence, he decided to apply rigorous justice to those who desired the rigour of the Law, although the King's indulgence was of no less advantage to themselves than to the Catholics, since Elizabeth had passed a number of laws against Presbyterians as well. For Elizabeth in her early days, when she thought her only source of danger was the Catholics (who, she knew well enough, could not be brought to approve of her birth), passed heavy, bitter, and cruel laws against them. They enact that anyone who has been ordained a priest is guilty of treason,


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as also is anyone who gives hospitality to a priest, who relinquishes the rites of the heretics and embraces the faith of the Catholic Church, or who is responsible for anyone else's professing that faith; also anyone who hears Mass for a second time . . They also prescribe heavy penalties for those who send their children t be educated in seminaries overseas, or who support tho e seminaries. Thus what was once said of the laws of Dracon may also be said of these-that they were written in blood. (649) Right from the beginning there existed Presbyterians, and they caused the Protestants much trouble by splitting the Protestant Church through the conventicles which they held everywhere, by leading men away from their services, and by setting up one set of altars against another at the instigation first of Calvin and then of Beza. Yet they were kept safe by the name' Protestant' which they retained, by their' great zeal against the Papists, and by the influence of some powerful persons at Court and some holders of ecclesiastical dignities (it is certain that some of the pseudo-Bishops favoured them). But when, by persecuting the Catholics, they had acquired a great name, and had come out almost equal in strength to the Protestants, whose Hierarchy, such as it was, they strove to overthrow, they did not spare the civil magistrates-not even the highest (for one of them wished to be deemed king; several among them denied that any obedience was owed to Elizabeth; and one of them, after listening to a preacher, drew his sword, burst out of the house, and tried to cut down all whom he came across). Thus through the neglect of a spark a great conflagration threatened; but Elizabeth, a woman with the heart of a man (in whom nothing was wanting save the Orthodox Faith and a better claim to the throne), took prompt action, punishing some, passing laws against conventicles, and prescribing a severe penalty for those who, for whatever reason, absented themselves from the Parish Churches. (650) Up to this date (1681) the conventicles, those real seed-beds of sedition, had not been visited by the rigour of the Law; but now Charles decided to close them. The Lower House, seeing that a gallows was being erected for their own Faction, perceived that to extend the legal penalties to " true Protestants," as they called their supporters, would mean the ruin of the Protestant cause. Since, however, neither Charles nor the Upper House could be made to approve the proposal that their resolutions should be binding even against the will of the King and Lords, they worked out new and unprecedented doctrines, pernicious alike to the highest and to lesser powers and incompatible with any kind of constitution; they saw to it that these were scattered among the public in various pamphlets. The following are specimens: (651) (1) Kings derive their supreme power from the people, but in such a way that it still remains radically with the people. (2) Kings are the servants of the people, to whom they are obliged to render an account of their government, when asked. (3) Parliaments are composed of three Estates, or three classes of men, namely, the King, the Nobility, and the People; the first two of these compose the Upper House, the rest the Lower. (4) The Lower House represents the People. (5) The decrees of the Lower House are binding alike on the People, the Upper House and the King himself, just as in the Roman Republic plebiscita were binding not only on the plebeians, but also on consuls, senate, dictators and kings. (6) It ought to be


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imputed to no man as a fault that he has obeyed the decrees of the Lower House; those who refused obedience are liable to penalties, etc. (652) The bold dissemination of these and other similar doctrines provoked the industry of Lestrange and others to prepare an antidote to the pOison which was being spread . This was not difficult on account of the obvious unplausibility and falsity of the doctrines. As for the first statement that the supreme power is transferred to Princes from the People, this is contrary to the very word of God; for in Proverbs (viii, 16) it is said : "By me kings reign, and lawgivers decree just things." Elsewhere (Rom., 13) kings are said to have their power from God, to be God's servants, and to have received the sword from God. It is certain that by the Natural Law, right down to the time of the Flood, the father of a family had supreme power over his children, and the eldest son over his brothers (this does not excuse Cain's fratricide, since both were still subject to the authority of Adam, who was still alive) . The right of the sword, that is of life and death, is the principal part of the supreme power; that it is conferred by birth (which depends wholly on God) upon fathers in relation to their children was recognised even by the Roman Law of the XII tables after the establishment of the Eternal City; for fathers exposed or reared their children according to their own free will. (This provided the comic poets with the opportunity to make up stories about children who were first exposed by their parents, then discovered, and finally recognised.) Further, this power was not confined to infants and children; it also embraced adults, and this even down to Cicero's time, for Fulvius, after taking to flight and being dragged back, was ordered by his father to be put to death without trial, because he was known to be guilty of complicity in Catiline's conspiracy. The supreme power of fathers was afterwards much curtailed by law, so that they were obliged to bring insolent sons before the judge, who as a rule would inflict whatever punishment the father prescribed. Such is the first and undoubtedly natural institution of supreme power; it depends upon God alone, who arranges the complementary rights and duties of rulers and subjects; and it is certain that in this institution the people have no part. Hence it is completely false that the supreme power emanated from the people. (653) No more obscure are the ways of Divine Providence in the transference of supreme power, though it is not part of our present undertaking to go deeply into these questions-how several families coalesce into one body which is called a State, or by what authority they make laws (God asserts that this authority proceeds from Him in Proverbs 8, quoted above). No difficulty is caused by the passage in lnst. de lure Naturali, "vVhatever has seemed good to the Prince, etc.," for this is concenled not with the original right of legislation, but with the transference of this right from one person to another. (654) The second proposition, namely that kings are the servants of the people, is not only impious (being contrary to the express word of God, since the Apostle explicitly describes them as "servants of God ") and seditious, but also stupid, and contrary to the common sense of mankind. For what could be more absurd than for the highest to be placed below the lowest, the head to be beneath the feet, for him who is in charge to be the subject, and him who gives commands to owe obedience to his subjects? The whole of time past will not provide an instance of a king's being called to account for his admini-


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stration, except perhaps the case of Charles . I, . who was brought to trial by his rebellious subjects, when his only crime, if it is to be called a crime, was his too great lenience towards the Faction. But a bold crime, which moved the whole world to loathing, cannot be distorted into a precedent. Examples drawn from Sparta's history, if there are any, will not be relevant, since the supreme power among them was not in the hands of the kings, as it is not in their hands now in Poland. Hence the president of the detestable court set up to try Charles confessed that he was acting without precedent, and affirmed that he was himself creating a precedent for others to follow. (655) The third proposition, that the King is one of the three estates, is like the others, new and hitherto unheard of. For by general agreement the three estates are the Ecclesiastics, the Nobility, and the People; and the King presides over all, in the relation of head to members. It is the part of these three estates to deliberate about matters set before them, and when they have reached an agreement, to lay the matters in question before the King, to ask his approval: this, after deliberation with the Privy Council, if he choses to consult them, he either gives or refuses, as he wishes. These new doctrines aimed at robbing the King of this power, which is plainly necessary for ruling; for if the King, dragged off his throne, were reduced to taking his seat among the rest and becoming an equal member of their society, the consequence would be that if the others agreed, he would be unable to say No to anything: everything would have to be decided according to the vote of the majority; and if two of the three estates were in agreement, the other would be obliged to give way to them. By the same device the revolutionaries were trying to overthrow another of the King's powers-that of proroguing and dissolving Parliament. (656) The fourth proposition, that the Lower House represents the People, was injurious to the Upper House and to Charles alike, as subjecting both to the Commons' resolutions. If the supreme power resided in the People, even after the creation of a King, and if the People transferred it in its entirety to its deputies, it would follow that for the time being the supreme authority rests with the deputies alone. Thus the Lords would have no power, because nobody deputes them, and each Peer would speak in his own name alone, and vote for himself alone: each one would indeed be summoned by the King for the purpose of deliberating on urgent business of State, but, for precisely this reason, none would acquire greater authority than he would have if he were consulted as a private individual outside of Parliament and deputed by no one. Hence their votes, compared with those of the People's representatives (that is, the supreme power), would be of trifling significance. However, not only is the supreme authority of the People a pure chimera, as we have seen, but so also is representation of the whole People, and deputation by the whole People. For the Lower Chamber, no less than the Upper Chamber, as was said in the Introductory Notes, depends upon the King, though in a different manner. The same King, who, by creating a person a Peer, confers upon him and his male heirs the right of entry into the Upper Chamber, whenever it is convoked, also grants to certain cities or towns the right of deputing some who will enter the Lower Chamber. So entirely does this depend on the King's will, regardless of the nature of places, that some large cities are without representation-for example, Ely, the metropolitan See of a large Diocese with a large population;


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similarly, the three chief cities of Wales appoint no one to Parliament; their citizens do not now depend, nor have they ever depended, upon any other city which has the right of sending a deputy, nor have they ever yielded their right in favour of others. It is not surprising, then, if other cities of medium population are without the right. It has been stated publicly in print by experts in these matters that scarcely the tenth part of the people deputes anyone to Parliament or is there represented by anyone. Further, some Counties depute two rypresentatives, and others only one. Why so? Because Kings have so decided. That is the only and the true cause of the di~crepancy. Therefore the whole of Parliament, in its entirety, is created by the King-the Upper Chamber by a right conferred upon a number of families, and the Lower by a right conferred by the same authority upon a number of cities. The source of the right in each of the two cases is the King alone. (657) Thus the fifth and sixth propositions collapse-those which assert that the decrees of the Lower House must be obeyed, even though they receive neither the approval of the other Chamber nor the King's assent, for both propositions rest upon the fallacious theory of representation of the People. The suggestion that the decree of one Chamber, or even of both together, is valid before it is ratified by the King is a thing that has never been heard in England except from the lips of rebels. vVhen, in the Civil Wars, the worst elements of Parliament, lying like an incubus on London, had renounced their obedience and set up a tyranny, they made a decree by which the resolutions of Parliament were to be valid even without the royal consent; for the laws to the contrary were silent amid the clash of arms. But obedience enforced by unlawful .arms detracts nothing from unquestioned right. Hence, when the King returned, respect for the royal consent returned, and the decrees of the whole of Parliament, unless they receive the King's approval, are considered as still-born. When, therefore, Charles urged the enforcement of the laws against dissenters who frequent the conventicles, nearly all the King's ministers obeyed; the rest tried in vain to defend themselves behind the decree of the Commons and to frighten others with the prospect of having one day to render account to Parliament. Finally, when Charles saw that the Faction were taking advantage of his clemency, he decided to employ severity against some. (658) THE TRIAL OF COLLEGE. Accordingly, Charles set on foot an action against College, the Protestant Joiner. The three witnesses produced against him were a Member of Parliament, and Dugdall, and Smith-great names among the King's witnesses, yet they could not secure the approval of the London Grand Jury for the Indictment drawn up against him. Good men were angry that the criminal had been rescued not merely from his punishment, but even from being tried. (659) Charles had both the prisoner and the case transferred to Oxford, the scene of most of College's crimes. There the indictment was approved, and the case formally opened. The prisoner was found guilty of treason, and suffered the extreme penalty reserved for public enemies. Both in the court and near the scaffold he cried out, but all in vain, that the action had been brought against him through the intrigues of the Papists, that they were trying out their strength against him first , and would then gradually turn their fury against


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the remaining true Protestants; there could be no doubt of his innocence, because he professed the true Protestant faith, which teaches that Princes must be obeyed and treason condemned. Oates assisted him to plead his case . Laying aside all pretence, he revealed what was his real attitude towards Charles, for in defending the case he raged against the witnesses, the jury, the King's agents, and the judges themselves, so that all were astonished at his escaping unpunished. It became known at a later date that the King's agents wished to bring an action against him, but were restrained by an order from Charles, who did not wish to disturb the hornets too much. He thought it sufficient to exclude him from Court; so Oates betook himself to his friends within the city, (660) REJECTION OF THE CASE AGAINST SHAFTESBURY. Meanwhile a case was being prepared against Shaftesbury, who was in prison. The indictment drawn up against him, though confirmed by many trustworthy witnesses, was rejected by the Grand Jury of London, who acted not as judges but as advocates and defenders of the prisoner. The above-mentioned Association, found in his closet, was produced; but the judges said it had been planted there by some Papist. Witnesses were heard . They declared that Shaftesbury had designed to get Charles into his power, to overthrow the monarchy, to break up the constitution, to introduce democracy, etc. But the judges said they deserved no credence, since most of them were Irishmen. This answer was greeted with much applause by the bystanders; and so violently were the witnesses then treated, so many were the blows inflicted on them, that they would never have got away on their feet if the sheriffs of London had not had them taken out of the city under an armed guard . During the night which followed, bonfires were lit throughout the city, bells were rung, and there were all the other signs of public festivity that are customary when some notable victory has been won. Some of the jurymen or their intimate friends were asked privately upon what grounds such a case had been rejected. They replied that" the jury had decided to recognise no charge brought against a true Protestant and every charge brought against a Papist." With his usual cleverness Lestrange revealed another explanation: that no one was guilty of treason who had not plotted the destruction of the People, since the supreme power belonged to them; and hence those who conspired against Charles were not guilty of treason. Shortly afterwards, Shaftesbury was restored to liberty, after he had given guarantees that his release would not prejudice the public peace, (661) Similarly, the bill of indictment against the prisoner Rouse, which was submitted to the jury in the same place, was hissed out of court. When the judges saw that by this means the gibbet was being reserved for the good and impunity for the wicked, they decided to examine the Grand Juries, so that any jurymen who were partisans could be removed. This procedure was in accordance with Natural Law, which demands judges who shall be as free as possible from all prejudice, as also with the law of England as defined in the statute passed by Henry VIII in the third year of his reign. For example, when Fr. Lewis (about whom see above) was on trial at Monmouth, many of the jurymen were removed from the list by the judge's orders; and at Stafford Scroggs, besides removing one man from the list, had actually had him imprisoned. In accordance with this law, therefore" when another case was put before the court, the judges ordered two


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of the . jurymen to be removed.. When the sheriffs refused to obey, the judges imposed a fine of ÂŁ50 on them . The City Council took up the sheriffs' case to be defended at its own expense: they maintained that the fine ought not to be paid , since the sheriffs had not exceeded their powers, and had done wrong to nobody. (662) THE DISPUTE OVER THE PRIVILEGES OF LONDON. The King's ministers were then 'obliged, if they wished to preserve the tat.e and exercise jurisdiction, to proceed against the City itself, and to enquire about the honourable privileges of the illustrious City by what warrant, or with what right, they held the privileges which they were misusing for the ruin of the kingdom. This dispute, which began now, lasted for a number of years. Its outcome will be given below. , (663) THE PEACEFUL CONDITION OF SCOTLAND . While the King's ministers were wrangling with a stiff-necked Faction, Scotland, which was thought to be even more amenable to faction, was in a most tranquil condition under York, who, under the title of Commissioner, ruled it with viceregal power. Indeed Scotland was vying with Charles to outdo him in kindness. Parliament was convoked by Charles's order for 28th July. At its opening a letter from Charles was read out explaining the reason why it had been convened, namely, to deliberate about proposals which seemed to be in the public interest. He had sent there his only brother as a pledge of his goodwill, etc. York said that he set great store by the honour conferred on him by the King, when he had sent him to his old kingdom, and that this provided him with an opportunity both to serve Charles and to manifest his eager desire for the welfare of Scotland . In Charles's name he promised that the Protestant Religion by law established would remain unharmed, as also would its administration through Archbishops and Bishops; and likewise the rights of subjects would be secured. He hoped that in return the King's rights would be held sacrosanct, and that they would take no steps to make any alteration in the right of succession, etc. The members of Parliament, after expressing their gratitude to Charles and York, turned to public business. In order perfectly to satisfy the King's command and York's very reasonable desires, they unanimously decreed that the kingdom of Scotland had been from the beginning, was then, and always would be, hereditary; that no diversity of religion would prevent the King's nearest bloodrelation from being his heir or from succeeding to the throne after his death; that anyone who sought by word of mouth, writing, or deed, to alter, divert, or suspend the succession, should be deemed guilty of treason and punished as such. This decree rendered the Faction even in England more timid, now that they had lost all hope of the Scottish support, which they had formerly counted on as certain. (664) Next, an oath was designed which was to serve as a criterion for separating the loyal subjects of the King from the others: it was to be taken by those who were entering upon any sacred or civil office, and by those receiving degrees in universities. This was captiously refused by not a few of the clergymen and by some laymen, especially Archibald Campbell, Earl of Argyll, a man of immoderate temper and turbulent disposition. He was accordingly committed into custody and condemned for treason, but by breaking his prison he evaded punishment for the time being. He passed in disguise through England into Holland; but when Lour years later he returned to Scotland, he


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paid the penalty he had deserved for his seditious conduct. Parliament further vented its wrath upon his coat of arms, which was ordered to be torn up by the hand of the executioner, and upon his property, which was to be confiscated. But Charles mitigated this last part of the sentence, ordering that only so much of his property should be confiscated as would cover his debts; the rest was to be kept for his heirs . Other disaffected persons were condemned to death, and underwent their punishment. They were offered their life on condition of saying" Long live the King"; but the offer was in vain, for these words were more grievous to them than death itself. Let us return to England. (665) THE TRIAL OF MILES STAPLETON . On 18th of the same month of July began the trial of Miles Stapleton, Bart., a kinsman of Thomas Gascoigne. The same charges of treason were brought against him as against the rest of the Catholics-that he had wished to murder Charles, 'to overthrow the constitution, to bring in Papism, etc . The witnesses brought against him were John Smith (who merely said what he had heard about the Plot at Rome and Paris, and nothing that affected the prisoner) and BoIron and Mowbray, who made the same charges now as formerly against Gascoigne. They said that Stapleton had met Gascoigne in his house, and that there they had held a consultation about the things which formed the charge; that Stapleton had promised ÂŁ20 of his own money to the man who should assassinate Charles, etc. Like Gascoigne, Stapleton was saved by proving that the witnesses had been moved to accuse him by a desire for vengeance and not by any concern for truth, justice, or the public good, and by shewing that at first they had explicitly denied knowing anything against him which might do him harm. The jury gave a verdict of Not Guilty. (666) A point worth remarking in this trial is that, when men were being cited in order for choice as jurors, the prisoner took exception to some, and the prosecution and the judge against others. In both cases the exception was allowed, although the Faction in London denied that the prosecution and judge could legally do this. The counsel for the prosecution rejected one man on the grounds that by way of insulting the King's witnesses he had named his dogs after Oates and Bedlow. (667) THE TRIAL OF GEORGE BUSBY, S.J. The 25th of the same month of July saw George Busby of the Society of Jesus on trial for his life. The only charge against him was his priesthood. He was captured at the height of the persecution in the house of one Powtrell, the husband of his niece, by the magistrate Gilbert, at the instigation of Anchitell Grey, the son of a most noble family, but without correponding wealth since he was not the eldest son: he had sought to gain the wardship of Powtrell, who was an orphan and a minor. Gilbert had formerly been well-disposed to Powtrell, but had renounced his friendship for fear it should do him harm, and had declared him an enemy out of enmity for Busby in the hope of winning the reward of ÂŁ100 promised to those who captured a Jesuit. The witnesses produced against him were Powtrell's gardener (whose nose bled profusely whenever he came into the presence of the prisoner Busby) and one or two weak women. These testified that the prisoner had held services according to the Catholic rite, and had administered the Sacraments of Penance and Eucharist. But although, when cross-questioned by


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the prisoner, they contradicted themselves and destroyed their own evidence-to the annoyance of the judge, who was less than fair to the prisoner-nevertheless the jury gave a verdict of Guilty, and sentence of death was passed upon him . He received it with a smiling countenance which bore witness to hi~ interior joy, and after thanking the judge, recited the Te Deum. His execution was deferred indefinitely by the judge, to the great advantage of the Catholics living in the neighbourhood, whom, thanks to the kindness of the prison-keeper, he used to visit and refresh with the food of the sacred word of God, and with the divine Sacraments. Finally, when James received the crown, bail of ÂŁ3,000 was given, and Busby was released from prison on the understanding that he would present himself before the judges at the next session. The judges restored him to complete liberty on condition that he should leave the country within six months. As I write this he is acting as Socius to the Rector of the Novitiate at Watten in Belgium . (668) A NEW ACCUSATION AGAINST THE CATHOLICS-OF HAVING INTENDED TO BURN THE FLEET. As the old accusations against the Catholics lost their savour, a new one was brought against them-that of having desired to burn the King's fleet. Mrs. Cellier was marked out as having been the leader of this hateful design. At once a Narrative was published, containing these charges and saying in addition that the Papists had decided to kill Shaftesbury. The author was a gaolbird, whose name I omit. Nor do I consider that the story deserves refutation at greater length, for the populace itself, already surfeited with such stupid fictions, rejected it with disgust. (669) Late in this year, Charles entrusted to a Commission appointed by himself ~he power of conferring the ecclesiastical benefices, whose gift belonged to him by right of patronage or by some other just title: the commissioners were to take into account the deserts of each applicant. In this way he safeguarded his conscience before God and his good name before his neighbour, by removing not merely the reality but even the faintest suspicion of simony. The Commission consisted of a large number of laymen and two of the clergy, namely, the Archbishop of Canterbury and the Bishop of London. (670) The people of London were now in bad odour with good men everywhere on account of their wicked designs . Yet it seemed vain to hope that there would be deep peace elsewhere so long as the people of London were in a state of ferment, because their example encouraged disturbances elsewhere. There was a certain minister who, in addressing his parishioners on Sunday, took as his text the words of I Esdras, iv, 15: "You may search in the book of the histories of thy fathers, and thou shalt find written in the records: and thou shalt know that this city is a rebellious city, and hurtful to the kings and provinces, and that wars were raised therein of old time; for which cause also the city was destroyed." All this he applied to London, and added that Divine Vengeance had consumed it by fire on account of its crimes of schism and heresy against the Divine Majesty, and of sedition and rebellion against the majesty of that gracious King, Charles I. He foreboded worse disasters if they did not speedily recover their right mind and return to their duty. (671) JOHN MOORE, MAYOR OF LONDO . At the time when the election of the Mayor of London normally takes place, the Faction opposed with all possible vigour the promotion of the man who in the


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normal order of things would have had the greatest measure of support. This was Sir John Moore, a person of high reputation and greatly respected among good men. He was an energetic and industrious character with a noble and indomitable will, completely loyal to the King and hostile to the Faction. The advocates of revolution opposed his election, because they knew it would involve the ruin of their party ; but their efforts failed. (672) DEATH OF JOHN PAUL OLIVA. John Paul Oliva deserves a place in this history of the English Persecution, both because his sons in the Lord suffered so grievously in it, and because he himself suffered along with them, since he was attacked with grave calumnies by Tonge and Oates. At the close of this year, full of days and of merits, he ended his mortal life, to live for ever, as we piously hope, in heaven. He was born at Genoa of the ancient and noble family of the Olivas. He joined the Society in Rome. He was long Rector of the Novitiate at St. Andrea, and so loved the place that even after he had become General he continued to live there. As Pontifical Preacher he spoke with great zeal for God's house and for the improvement of morals; he was afraid of giving offence to no one, and spared none who offended God, without respect of persons; though such frankness was not universally approved . He ruled the Society for twenty full years, when it was labouring under great difficulties, and held it to its course when tossed by violent storms. Proof of his great humility in his exalted office is that he used privately to ask those whom he met to point out to him his sins or defects. He would listen to those who did so in complete silence and submission of mind, and promise to correct himself. He was over eighty when he died, since he was born in the 16th century. He often used to say jokingly that he was" not a man of this century." For further information about him see the History of the Society. Let this be the end of the present Book.

K


BOOK VI

1682 (673) CONTENTS . The great flood in Belgium, and its causes. A portrait of York is defaced . Thomas Thynne is murdered. Hence new accusations against the Catholics. Charles orders the imprisoned priests to be deported to islands, but without effect. The case between Adam Elliot and Oates. The enquiry into the property of Catholics. A new sort of person, called Trimmers. York returns to England. Charles de N oyelle becomes General of the Society of Jesus. William Bentney is captured and condemned to death. Bills of indictment against various persons are rejected by the London Juries. The Protestant Flails. New sheriffs of London are elect ed, lovers of peace. New intrigues of Shaftesbury and the Faction. Shaftesbury's exile and death. Trials of Pilkington and Ward. The Fire of London; those responsible for it; the Monument. Embassies to Charles. (674) Just as a snake, when its spine has been broken with a stick, though unable to move, in its impotent eagerness flashes its bloodshot eyes, darts out its tongue, threatens with its whole head, and then contracts its body into coils to defend its head, until at last its breath fails and it relaxes its coils-even so in England the Presbyterian Faction, as we have seen, having lost many of its members, hurled out vain threats as its strength declined in the year just described . In this present year we shall see it turning from the injury of others to its own defence~ then finally subsiding and being extinguished little by little. (675) THE FLOOD. There occurred at the beginning of this year the greatest flood within living memory: it affected the whole sea coast of Belgium. The Rhine, Moselle and ScheIdt were driven back, and spread their waters into the flat country on their banks; besides many villages, some of the larger towns were flooded out, and even the great cities were not immune. It is believed that 8,000 acres were buried under the waters and that 12,000 men lost their lives. The loss of domestic animals and other property was too great to be estimated. The water is said to have risen to a height of six feet in the streets of Rotterdam, and to five feet in the principal church at Antwerp. The people of Ostend almost gave themselves up for lost. In Holland various towns were so completely submerged that only the towers appeared above the water. Nor did E ngland escape this disaster, which assailed its western counties, where the beach is comparatively low-lying. However, it did little damage, partly on account of the height of the cliffs which face the sea's surge, partly because of the narrowness of the channel between Scotland and Ireland, and because, being very nearly enclosed by islands, the channel almost shuts out the waters that would other\\"ise enter. (The narrows which close the Baltic p rIormed the same service there.) The waters therefore poured traight into the North Sea, until they impinged for a second time upon straits-this time the Straits of Dover. Repelled by these narrows, the waters necessarily poured over the shallow, low-lying coast of Belgium and did great damage. This the eastern coast 01 England watched unscathed, for its higher coastline and pro-


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jecting rocks combined with strong gales to turn the sea's course elsewhere and to roll great masses of water against the Continent opposite. (676) The causes to which this disaster is attributed are two: first, a very high tide of the sort which occurs at the new and full moon; and secondly, a most violent wind blowing from the west (like those known to the inhabitants of the New World as hurricanes '). It bore down from America on the northern part of the Atlantic Ocean, driving mountains of water past the coasts of Norway into the North Sea. (677) YORK'S PICTURE IS DEFACED. The strength of the Faction was gradually declining, as the populace gradually deserted them and returned to its duty. This increased the fury of those still remaining against Charles and York-particularly against the latter. As they were given no opportunity of seizing his person, they vented their hatred of him ' upon his portrait. In the Great Chamber of the Guildhall of London hung pictures of the two brothers, skilfully painted and of more than human size. Some unknown persons grossly mutilated the one of York. This outrage greatly distressed the Mayo!', John Moore, who, with the Aldermen, promised ÂŁ500 to anyone who should report the man responsible for the crime or any of his accomplices. This action pleased York so much that he sent one of the nobles of his household from Scotland to London in order to thank the Mayor. However, the reward, in spite of its considerable size, failed to attract anyone, so closely united were the Faction among themselves. They even ventured to add insult to injury by saying that the deed had been done by some Papist in order to raise hostility against the true Protestants. This incident affords us an opportunity to remark how alien their doctrines are to the common sense even of men who are tainted with heresy. In things sacred they say that there is no difference between absolute and relative honour, and proceed to assert that the reverence paid to statues of Christ our Lord or the Saints is really idolatrous, and that no injury is done to them or to Him when images are torn up or 'burnt. Yet none of them contradicts the light of reason by saying that no honour is paid to York when his picture is exposed to view, nor that he is insulted when it is mutilated, though of course both the honour and the insult are relative. Nor do I believe that any of them would look on with Stoic unconcern while his own picture, or his father's, or his mother's, was being defiled with spittle or mud, or torn to pieces, or burnt in flames, or treated in the way in which they treat images of Christ our Lord and of Mary, the Mother of God. However, I write as a historian, not as a controversialist. (678) THE MURDER OF THOMAS THYNNE. Another atrocious crime defiled the beginning of this year. There was a person called Thomas Thynne, who belonged to the lowest grade of the nobility but was conspicuously wealthy (his annual income was said to amount to ÂŁ10,000). He was well-known for his extremely close friendship with Monmouth, whose inseparable companion he was, and was accordingly popular with the revolutionary party. While he was returning home from Monmouth's house in a carriage, a person on horseback unknown to him let off a pistol at him and caused a wound in his stomach from which he died at 5 a.m. on the following day. The Faction, always alert for a chance to harm the Catholics, said that it was the Catholics who had murdered Thynne, and that the ambush had been laid for MonI


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mouth, whom they believed to be travelling in the carriage. Monmouth had been saved by Divine Providence, and another innocent man sacrificed, like a substitute victim, by their ungodly fury. This accusation was forthwith printed and published, and disseminated among the populace in various pamphlets. In one of them occurs the sentence: " I believe that Thin was killed by the Papists as certainly as I believe anything that is contained in the Apostles' Creed." Oates even said that he knew who had committed the murder and from what motive, and was ready to confirm the whole of his account on oath. But the danger thus threatening innocent Catholics was dispelled by God's Providence, for the murderers were arrested and at once admitted their guilt (they were all foreigners, followers of heretical sects, and had had no transactions at all with the English Catholics), saying that the murder had been committed by the orders of the Count Koningsmark. He was a Swede and was in love with the Duke of Newcastle's daughter, whom Thynne had married. She, for her part, loved him so much that she disguised herself as a man, left her husband, and with only one youth to escort her crossed into Holland to meet her lover. He did not dare to marry her so long as her former and real husband was still alive, so he had him put out of the way by two or three army officers who had served under him. The assassins were punished for their crime by hanging. Koningsmark took to flight, was brought back, and stood trial. But as it was proved that he had done nothing apart from giving the orders, he was acquitted. (679) AN INEFFECTUAL ORDER TO DEPORT PRIESTS. Many priests had remained in prison throughout the whole of the preceding year-some accused of conspiracy, others of having received their Orders according to the Roman rite. Charles gave instructions in a letter, addressed to the sheriffs of London and sealed with his small seal or manual, tbat they be all deported to the Scilly Isles. Not so long before, many of the Faction had petitioned for this. Now, when Charles ordered it, the sheriffs refused to obey, unless the order were sealed with the Great Seal. They also said it was a breach of custom for men charged with serious crimes to be dismissed without trial (as if, forsooth, they had not themselves secured that many who were known to be guilty of serious crimes should be released and granted large rewards I). Exile, they added, was not the statutory punishment for criminals of this type, and even if it were, it could not be inflicted without a formal trial and sentence passed by a judge. These were their ostensible reasons for refusing to obey: the one real reason was that they had decided to oppose Charles in everything, so far as they could safely do so. The order was, therefore, issued in vain : the prisoners all remained in the same condition as before. (680) TRIAL OF ADAM ELLIOT. A great dispute arose at this time between Baron Gray and Baron North, who called to their support Elliot, who was a Canon of Dublin, and Oates respectively. Gray's father at his death had bequeathed his whole estate to his son; he had left a small bequest to his son-in-law North, who, however, trusting to enjoy the fruits of dishonesty, had already devoured the whole inheritance. He started an action to prove the will a forgery, and had another will substituted. Two sons of Belial were found to prove the substituted will with their oath, and they were joined by Oates. Elliot had been present with Gray when he died; he was therefore summoned from Ireland to bear witness to the will. Both of the


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Barons had served the Faction well, and both were dear to Oates, but more especially North, who is said to have given him ÂŁ100. These two, then, decided to accuse Elliot of being a priest, in order to invalidate his evidence. So they went together to Charles and informed him that there was in London a most pestilential Jesuit, far worse than those who had been hanged: he had been sent ahead as a spy by his fellows, and so bold was he that he was saying Mass in the Queen's palace, and then dressing up as a minister and preaching sermons in parishes and conventicles. "Are you quite sure," asked Charles, " that he is a Jesuit?" "Perfectly sure," replied Oates, "and no ordinary Jesuit but a circumcised one." "Good God! " exclaimed Charles, " What sort of a Jesuit is that? " "He is not a Christian, " said Oates, " but a Turk," and at the same time he asked t o be given permission to arrest him. Charles sent him back to the magistrates, whose task it is to . arrest lawbreakers. He approached Waller, who, however, did not dare to imprison Elliot because Gray was supporting him. Elliot, after taking the degree of Master of Arts, had travelled first to St. Omers and then to Rome-more from curiosity, it seems, than from devotion: then he traversed Spain and embarked at Lisbon for England . During this sea voyage he was captured by a pirate and taken to Sallee, a city in Tangier near the mouth of the river of the same name, where the river flows into the Atlantic Ocean. There he was sold to a Jew called Hamet Lucas. He regained his freedom by a difficult and dangerous escape to Mamorra, a town garrisoned by a force of Spaniards about 20 miles from Sallee. From there he went to Cadiz, then to Amsterdam, and finally to London, where he was admitted into the house of the late Lord Gray, by whose recommendation he became a Prebendary in the Cathedral Church of Dublin. (681) The charge of forgery brought against Gray's will was entrusted to experts in Civil Law delegated by the Provost of Canterbury. Before them Oates accused Elliot of the following crimes: first, of having been a slave in Morocco ; secondly, of having there been circumcised; thirdly, of having killed his master by poison; fourthly, of having then returned to Rome; fifthly, of having there renounced Moham edanism; and sixthly, Oates asserted that he had learnt all this from a paper written in Elliot's own handwriting, the characters of which were very familiar to him. On another occasion h e had said that Elliot had been ordained a priest at Rome, and had there sung High Masses in the Scottish College, that h e was notorious for his lies and false oaths, etc. (682) Next, North was heard. He confirmed most of what Oates had said, but contradicted him on a few points, saying that Elliot had been a slave not at Sallee but at Mamorra. When others told him that that was impossible, because Mamorra was in the control of Christians (two years later they lost it as the result of a sudden attack by the Moors), he replied that he knew better than they, because he had been there once. He also said that Elliot had not despat ched his master with poison, but had cut off his head with a scimitar, etc. (683) Elliot replied to point one that he had indeed been taken to Sallee as a slave, but that this was a misfortune, not a crime. To point two he said that it was open to ocular demonstration that he had never been circumcised, if only the judges would depute physicians to examine him. To point three that he had not killed his master either by poison or with a scimitar, for (unexpectedly) he was now


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living in London as secretary to the ambassador of the King of Morocco. And this was in fact true. To point four he replied that this charge was very far from the truth, since the evidence of those who had seen him on his return journey at Cadiz, Lisbon and Amsterdam proved that he had never returned to Rome. This, he said, showed the falsity of the other charges: lies and false oaths were Oates's favourite sins, while he himself was as innocent of them as Oates was guilty. Hereupon, by the judge's sentence Elliot was declared innocent, and a fine of £20 was imposed on his calumniator. The Faction were indignant with Elliot for having dared to defend his innocence against Oates's accusation. It was proof of a mean, feeble and womanish character, they said, to have called Oates's honour in question merely to defend his own honour or his life even: it would have been much better to have suffered the extreme penalty rather than suffer the authority of Oates, which was needed against the Papists, to be impaired. When h returned to Dublin one of the Faction rebuked his small-mindedness, saying that he had lowered Oates in the esteem of many and had raised up the Jesuits. He replied heatedly that Oates was" the wickedest man that walks on two feet; and that if he had had no better grounds for accusing the Jesuits than for accusing himself, then the Jesuits were in very truth Martyrs." From this reply were forged two accusations-both, as times then were, most invidious-one, that he had said Oates was wicked and indeed very wicked; the other, that he had pronounced the Jesuits to be martyrs (for his conditional statement was changed into a categoric). He was cast into prison on these charges, and when brought forth to stand trial some months later was fined £200 and discharged. The hardships of the prison did not irk him, for its walls protected him from the violence which the Faction were known to have in store for him. This account he himself published in a pamphlet printed in Dublin and reprinted in London. It did no small damage to Oates's authority. (684) ENQUIRY INTO THE CATHOLICS' PROPERTY. A very strict enquiry was carried on throughout this time into the property of Catholics, and especially of the Jesuits, with a view to confiscation. Oates had falsely asserted that the Jesuits' resources were immense ; and he was not entirely disbelieved on this score, for similar stories were being put about by slanderers and hostile critics out of envy and a spirit of base rivalry. A certain lawyer, whose services the Society had employed, revealed most of its property, and immediately all was either transferred to the Treasury or divided up among the greedy ravens. This misfortune involved layfolk as well, for £20 was extorted from them for every month during which they absented themselves from the heretical services; and those who could not pay the money suffered for it in prison. This was in addition to what the richer Catholics were paying of their own accord to buy themselves peace and quiet, while at the same time they were being plundered by rapacious hands made all the more bold by the absence of any fear of punishment; for hatred of their religion had closed the Courts to the Catholics, and, as the prophet says, had changed" their judgments into wormwood." These vexations did much damage to the Catholics and brought little profit to the Treasury, since the greater part of the booty adhered to the sticky hands of the informers. Hence it was for the Treasury's advantage as well as his own that a man called Booth offered to pay Charles's Treasury a huge sum every year on condition


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that the usufruct of all the property possessed by Catholics thro 19hout the kingdom be committed to him. Various members of the King's Council were silent, lest they should offend the Faction; and by their silence they seemed to assent to the proposal. But not so Tufton, Earl of the Isle of Thanet, who, though opposed to the Catholic religion, was friendly with some persons professing it. He burst out into oaths and said "What are you doing, my lords? What are you aiming at? Do you want to deprive the King's most loyal subjects of their property, so that his bitterest enemies and insolent betrayers may be enriched ? " (685) I think I should be right in saying that thi is the most grievous and dangerous kind of persecution, if it b e compared with the persecution which raged against life and limb. For the latter type of persecution strengthens faith by shewing forth the constancy of those who die; it increases the number of the faithful, for" the blood of martyrs is the seed of Christians, and every time we are harvested, our numbers increase" (Tertullian); and it soon loses its violence, a. hate gives place to pity. But from the other kind of persecution no advantage accrues. The means necessary for supporting families and apprenticing children are taken away; confidence is destroyed; and public informers, enticed by the booty, rage the longer. (686) THE TRIMMERS. At Charles's instigation, sharp action was taken against the Conventicles, from which it was known that a whole Iliad of evils had emanated. The Mayor of London was eager on his own account to do the same, and the other ministers were not reluctant. It was evident that the Faction would not survive long if he continued to treat the conventicles with the same rigour. Thus there arose a new sort of man, treacherous to Charles and well-disposed towards the Faction: they said that the vanquished should be treated with pity and that one should not taunt the unfortunate; the fanatics should not be removed one and all; some concessions should be made even to an erroneous conscience, and the scrupulous must be treated with indulgence. Their aim was, they said, that the parties should be roughly equalised and Charles rule both; for otherwise only one party would obey him, which would be a great danger to the public in case this party should not persevere in its duty. Thus they wished to equalise, recompense, and reconcile the opposing parties, so that neither should completely fail and neither completely prevail. They were accordingly given the name of Trimmers. They courted Charles and his ministers, wormed a way into intimacy with them, and strove to acquire influence which would serve others as well as themselves, for they were on the watch for every opportunity to strengthen the Faction. Lestrange, with his usual eloquence, pilloried men of this treacherous type, who existed only for the public ruin, who pretended to support Charles and really supported the fanatics. Lestrange showed that they are more to be feared than those who are professedly enemies, because open foes do less harm than those who lurk under a deceptive appearance of friendship. (687) YORK RETURNS TO ENGLAND. After settling the affairs of Scotland to the satisfaction of Charles and of himself, and after repressing the Faction by punishing various of their number, York returned to England, to r ender account to Charles of all he had done. He came by ship to Yarmouth and thence by land to Newmarket, where Charles was taking a holiday. Everywhere he was greeted with the


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greatest honour, with friendly cheering and public demonstrations of joy. The Scottish nobles had flocked to Newmarket on horseback, because one ship had not been sufficient to hold them all. The Court was never, it would seem, m'o re thronged or happier. From Scotland two Archbishops (those of St. Andrew's and of Glasgow) and five Bishops (those of Edinburgh, Gallwey, Dunkeld, Brechin and Dunblane) testified in a letter to the Archbishop of Canterbury how much they were indebted to York. Thanks to his wisdom, they said, the condition of the kingdom had been improved; thanks to his protection the Episcopacy had emerged into its due place; with remarkable industry he had taken care of the Bishops' affairs, private as well as public; never had they made any proposal to him for the good of the Church which he had not at once carried out; he had given peace to the Church and the Kingdom; thanks to his vigilance the fanatics had been repressed, so that they could not erupt into ruinous disturbances. They therefore ask the Archbishop of Canterbury to thank him in the name of them all and to assure him of their unceasing prayers for his temporal and eternal felicity. (688) Shortly afterwards, while he was sailing to Scotland, the ship of war on which he was travelling ran aground in shallow waters, though the other four ships accompanying it did not. These shallows were known to York, and he had warned the Captain of them-but in vain, for the Captain maintained that they had left them far behind. York crossed in a small boat to another ship, taking with him those whom he had called by name to join him and also the Captain, who was to render an account of this disastrous mistake. The ship's timbers broke up and she went down with all her passengers. It is said that in addition to the crew there perished on her more than a hundred nobles-men who certainly deserved a better fate, if only for their remarkable fidelity to York, whose safety they set so far above their own that none of them would climb down into the little boat unless his name was called out by York; for they feared that the little boat might sink beneath the weight (a thing which had happened und r Henry II, King of England). When they saw that the little craft had reached one of the other ships and that York was safe, although they beheld death looming inevitably before their eyes, they showed the joy they felt for his safety by their cheers of congratulation. (689) The Captain was convicted by unquestionable proofs and by his own confession of having deliberately run his ship into those shallows. He was condemned to perpetual imprisonment, a punishment worse than death itself, because it is more protracted. A second person suspected of the same crime and brought to trial was the commander of another small ship which preceded the vessel that carried York. Thi had sounded the depth with a lead sinker and had avoided the shallowswithout, however, giving any sign of the approaching danger to the ship following her. But as the accusation rested wholly on suspkion, and a not too reliable suspicion at that, while the accused persistently asserted his innocence, he too was committed to prison until it should please Charles to release him. (690) York did not remain long in Edinburgh, but returned by sea to London with his wife, who was pregnant and near her time. In London she brought forth a child of the fairer sex, who after living about three months was added to the number of the Blessed. (691) CHARLES DE NOYELLE IS ELECTED GENERAL OF THE SOCIETY.


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At the beginning of July a new head was appointed to the Society of Jesus in place of the late Father John Paul Oliva. Charles de Noyelle, a Belgian sprung from the ancient family of the Counts de Noyelle, was elected with unusual unanimity such as has never been witnessed elsewhere. The London Gazettes reported the occasion far otherwise than as it really happened, saying that the French had wished to exclude de Noyelle, but the Germans with the Spaniards and Italians had driven out the French with punches and kicks, and so carried through the election. How far this is from the truth is known to aU who were in Rome at that time, for there were present at the election all whom the Constitutions of the Society allow to be present-the sixteen Provincials of the European Provinces or their vice-Provincials, each of whom brings two electors. Father de Noyelle, who was presiding at the Congregation, was chosen by the unanimous vote of all save himself, and was declared General. The choice was greeted with no less warmth of approval outside than inside the Society, wherever he was known, so uniformly favourable was his reputation for piety, integrity, experience and prudence. (692) THE CAPTURE OF WILLIAM BENTNEY. While the Provincial of the English Jesuits was in Rome on the occasion of this election, William Bentney, an old man of more than eighty years, who had spent forty-two years on the Mission, and had hitherto by his circumspection escaped the diligence of the priest-hunters both in the present persecution and in the earlier one, when all was aflame with civil war, finally fell into their meshes. He had gone as usual to administer the Sacraments to two noble virgins, nieces of the Baron Bellomont. When the Baron heard this, he took the priest-hunters with him and burst violently into his nieces' home. He continued to search there until he captured the good old man. Then he took him away as a prisoner to Derby, and himself assumed the task of finding witnesses to accuse Bentney of being a priest. Everything seemed to be going as he desired; but when his prisoner had been condemned, the sentence was not executed, though the reason for this is obscure. The noble Bellomont's delight in his ignoble deed did not last long. His iniquitous designs against his own relations displeased not only the Catholics and Charles but also his Protestant neighbours so much, that they kept out of his sight as far as possible, and they used to call him' Informer' or Priest-hunter' or (Eavesdropper.' When peace was given to the Church under King James, the good old man was restored to liberty and to his flock, which even now he continues to feed with the Sacraments, with the example of his holy life and with the word of God, so far as his broken health will allow. (693) VARIOUS ACTIONS AGAINST VARIOUS PERSONS. Shaftesbury, stung to the quick because some people had dared to charge him with treason, sought to avenge what he called the injury done him by bringing a case against an honorable citizen of London called Cradocke, on the grounds of his having broken the law which protects the honour of Nobles (it is called the law de Scandala Magnatum) by calling him a traitor. However, when Shaftesbury heard that the judges were averse to holding the trial in London, he withdrew the charge and consigned the case to oblivion; which shows the extent of his confidence in the London juries and of his diffidence in those who would be assembled elsewhere. There seemed to be real grounds for fearing that there would be a complete cessation of the work of t


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th courts, although many cases between the King's supporters and the Faction were being set on foot; for in the present situation t he Royalists did not dare to .institute any proceedings in London, nor their adversaries outside that city. The root cause of these evils was that the sheriffs were devoted to the Faction and summoned as jurymen only those who were favourable to the Faction. The remedy, however, which was expected from the invalidation of the civic privileges, although certain if the privileges should be revoked , was useless for the time bein g, since the case was in abeyance, and no advantage could be derived from it until it was over. So when new sheriffs had to be elected, the rope of contention was pulled with such vigour that things came very near to sedition or even to ruin . For the Faction had prepared weapons-and not merely for defence but for attack as well. (694) THE PROTESTANT FLAILS. Among these weapons was one which was new and not heard of before. They took a piece of wood, oval or elliptical in shape, using the hardest and heaviest of all woods, which the Americans, whose country is the only place where it grows, call the Lignum flitce . They took a p iece six inches long and four broad, and, by way of increasing its weight, hollowed it out and filled it with lead. This they attached to a handle with iron chains or some other strong bond . The weapon was so shaped that it could be conveniently carried about in a bag; and so effective was it on account of its hardness and weight that when applied even gently to someone's head it would break the skull and spill out the brain. So easy was it to use, that even in a dense crowd, where swords and daggers are useless for want of room, provided only the hand could be swung from the wrist, those standing next to its user were certain of death. This invention was at the time unknown to the Royalists; it was discovered later. This showed how great was the danger threatening the citizens of London, which Divine Providence had dispelled. It is not known who originally invented this type of weapon. Some people regretted that he did not suffer the same fate as the inventor of Phalaris's brazen bull, namely that of being the first to make trial of his own handicraft and to stain his own work with blood. This type of weapon was called" The True Protestant's Flail" (or scourge), because it resembled the flails which the peasants in England and in nearby regions of France and Germany use for separating the grain from the ears, and because those who wished to be called" True Protestants" were its inventors and were prepared to lay about them with it. We owe this weapon, which was unknown to earlier generations, to this present one, and to the most gentle, peace-loving spirit of Calvin's followers, which is most averse of course to all b loodshed. The weapons were, however, never employed, as nobody ventured to give the signal to the rest. (695) THE ELECTION OF NEW SHERIFFS . Thus prepared and thus armed, they assembled for the election of new sheriffs on the appointed day, 24th June. Four men were nominated, from whom two were to be elected : the King's supporters nominated North and Box; the Faction Papillon and Dubois, neither of whom was English, as is plain from their names, though this circumstance was no impediment to them, because they had been duly co-opted into the Guilds of citizens. The Mayor of London proposed North and Box, and gave North the prerogative of his vote; for by ancient custom the Mayor has power to elect one, whom the citizens do not re-elect, but recognise


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or ratify as elected . The old sheriffs, whose task it was to coDect the votes, said that this right of the Mayor's should be disregarded, because they wished North's election to be conducted along with the others. When the Mayor discovered this and other illegalities which were being committed by the sheriffs in collecting the votes (for they had declared the names of people who had no right to vote and of others who were absent), he went away himself and ordered the rest to depart. The sheriffs did not obey, and were therefore summoned before the Privy Council, and sent thence as prisoners to the Tower. They were released on bail and met again on 5th July to carry out the election, although the Mayor, who was prevented by ill-health from attending, had forbidden them to do so. They declared Papillon and Dubois sheriffs. But in fact they achieved nothing thereby (even the meeting itself was illegal). Charles sent a letter to the Mayor declaring .the election null and void, and giving orders for the holding of a fresh one according to the ancient customs of the city. In the Civic Council the Faction said that the King's letter ought not to be obeyed, because Charles I had declared that the Royal Council cannot dispose of the property of Englishmen. This was as good as claiming that the decree in question had removed the city from the power not only of the Royal Council, but even of the King, and had established a Republic or a Democracy in the middle of the kingdom. Others said that that decree was irrelevant to the present issue, since the letter was not from the Privy Council, but from Charles himself, and had no other object than to see that everything was done according to ancient custom. The letter was r ad out, and a vote was taken. North's election was ratified. Box was also elected, but being a peace-loving man, he paid a forfeit of ÂŁ500 in order to avoid the trouble and vexation which he knew would be unavoidable in that office, so long as everything was in such a turbulent state. Peter Rich, who had been a member of two Parliaments, was chosen by lawful election to take his place. (696) THE NEW DESIGNS OF SHAFTESBURY AND THE FACTION. It is amazing how profoundly their election disturbed Shaftesbury. He immediately fled from his home and moved into the middle of the city, where, changing his name and disguising his person, he lurked in an obscure tavern, known to very few people-those whom he could trust best. The slow methods which he had formerly advocated he now condemned. He pressed for sudden violence, saying both by word of mouth and in letters that of necessity either both brothers, Charles and York, must be destroyed by a sudden attack, or else it was necessary to stir up a sedition which would develop into rebellion and civil war: all would then proceed according to his wishes. There was one person who suggested that Dutch ships should be invited up the Thames wearing the French flag; for he saw that at the sight of it the populace would start a tumult and that once excited and armed, it could easily be turned against the Court, and so their designs would be achieved. (697) Various persons were summoned from Scotland, ostensibly to deliberate about Carolina (an English colony in America), but really to take part in the plot. Deputies from Argyll were also present. The first dispute with the Scots was, what reason should they give for taking up arms? All were agreed on what they wished to be rid of, namely the present King, but not about their positive


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aims, for the English favoured Democracy, hut tbe Scots said that none of their nation would take up arms for that. So they agreed that Charles and his brother must be put out of the way; and that they would deliberate about the future of the constitution when occasion offered. A second dispute was concerned with money, the sinews of war, for the purpose of preparing weapons, food supplies and all else that is needed for raising an army. Now the Scots contributed a ready will and their persons, but no money. So they asked for .£30,000 to be given them at once. The English said that such a sum could not be made available at short notice, and finally agreed upon .£10,000. Immediately the city was divided into twenty regions and each region was entrusted to reliable men, who were to levy men suitable for military service, to supply them with arms and hold them in readiness. Orders were given for the same to be done in other counties . It was then discussed whether the signal for rebellion should be raised inside or outside of London; and it was decided to raise it simultaneously both within and without, so as to divide the K ing's forces . All this was done with such secrecy that it did not come to the notice of Charles or his ministers in this present year; but in the following year all was laid open by the Faction themselves. In order to strengthen their common purpose by adding a religious bond, a day was appointed when they should meet in a certain parish church in London to thank God for Charles's safety and the peace of the kingdom (such was the pretext) and to hear a sermon there: after this they were to go to a dinner, to pay the expenses of which each contributed.£1. Each person was given a card, and no one was to be admitted to the gathering without one. But Charles forbade the meeting, saying that only the King has the right to declare solemn ceremonies of thanksgiving. (698) The Scots reproached the English with the slowness and dilatoriness of their plans, saying that as usual the English were talking a great deal and doing nothing, while they, the Scots, preferred action to mere words. The English, for their part, warned the Scots that more haste means less speed, and that they must beware of pitfalls; when the outcome was unpredictable, such disturbances, rashly stirred up, could hardly avoid mistakes, which there would be no way and no means of correcting. (699) SHAFTESBURY'S EXILE AND DEATH. Shaftesbury, like the Scots, was opposed to all procrastination, on the grounds that such plans, when once communicated to so many (more than 20,000 are known to have shared the knowledge), could not be concealed for long; they would be brought to the notice of Charles and of the public through the thoughtlessness or scruples of some conspirator, to the ruin of the whole cause and of all the conspirators. But news came from the Counties that none were ready to take up arms, and the people of London had been stirred up a number of times and promptly checked by the vigilant Mayor of London. So Shaftesbury, well aware that he could not convince Monmouth or the other nobles of his party that such precipitancy was desirable, began to fear for his safety; for he had lost the one support which he trusted, namely sheriffs of London who would admit as jurymen none save members of the Faction (new sheriffs had been put in their place and they would choose different juries). So after bewailing in tragic style the peril threatening innocent men, as he called them, without thereby inducing others to fly headlong to arms, he exhorted the rest of the conspirators to make haste,


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prophesying to them that if they did not overwhelm the two brothers at once they would themselves be overwhelmed, and then chose voluntary exile in preference to a perilous life in his own country. With only two companions, Ferguson and Walcott, he crossed into Holland and settled at Amsterdam, paying a sum of money for the right of citizenship in order to place his fellow-citizens under a stronger obligation to defend him . The Dutch might make it a boast that so great a man should have sought their protection and put himself under their patronage, did it not seem to be somewhat of a disgrace to a noble people that all troublemakers, rebels and rogues fled to their Provinces as to the common cess-pool of Europe . (700) Wonderful was the change in events which ensued upon that election of sheriffs (it is for this reason that I have recorded in such detail an occurrence which is not usually important enough to receive mention). For he who previously had boasted that the whole kingdom was at his mercy could now find no place in it where he could rest in security; and he who had declared that he would, as it were, stretch out a hand to lead Charles out of his dominions, now himself fled from all those dominions; and what is more, he fled to Holland, against which country he had declared internecine war while he was Chancellor of England; for whatever the subject under discussion, he used to close his speech with the phrase borrowed from Cato: " Such are my opinions, and that Carthage must be destroyed "-meaning the Federated Provinces of Holland. His only English and Scottish companions in his exile were those who had fled abroad for the same reason and through the same fear as himself. They were a burden to him on account of the money he had necessarily to spend upon them, and still more so because they could not help hating the man whose machinations, intrigues and lies had seduced them from their duty to their country and their country's parent, and who was thus responsible for their wretchedness and their utter ruin. Shortly afterwards, when to the burden of age and the sicknesses which age had brought was added grief over the present situation and despair of any improvement in it, he breathed forth his unhappy soul. His body was brought back to England to be placed in his family's monument: this was done at the beginning of the following year. I t is recorded here because it was now that he quitted the scene, which he had occupied so long to the great disadvantage of the State. When the new sheriffs began to perform their duties in London, Justice too seemed to have resumed her seat. (701) TRIALS OF PILKINGTON AND WARD. A case was brought against Pilkington, one of the sheriffs of the preceding year, for breaking the law de Scandalo Magnatum by saying, while York was on his way back from Scotland, "He once devastated the city by fire; now he is coming to slaughter its citizens." The witnesses brought against him were Sir William Hooker and Sir Henry Tulse, both Aldermen of London, who testified that these words had been uttered by Pilkington. On behalf of the prisoner there appeared Patience Ward, who had been Mayor of London not so long before: he denied that Pilkington had uttered the words in question. A verdict of Guilty was given: the accused was fined ÂŁ100,000, and was to be imprisoned until he should pay. To avoid paying it or being cast into prison he hid himself in a secret place known only to his most trusted friends. (702) THE FIRE OF LONDON; WHO WAS RESPONSIBLE; THE


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The Fire of London has frequently been mentioned above. Not only during this present persecution, but also at the time when the Fire occurred, the Fact ion frequently laid the blame for it upon innocent men. Pilkington attributed it to York, but others in general attributed it to the Papists . Ward, while he was Mayor of London, had the following inscription carved in the base of a lofty column, which was erected as a memorial of the Fire (and for this reason is called" The Monument "): (703) "This pillar was sett up in perpetuell remembrance of the most dreadful Burning of this Protestant City, began and carried on by the treachery and malice of the popish faction in the beginning of September, in the year of Our Lord 1666, in order to the effecting of their horrid plot for the extirpating the Protestant Religion, and English Liberties, and to introduce popery and slavery." (704) On the house where the Fire broke out he put up this inscription: "Here by the Permission of Heaven, Hell broke loose upon this Protestant City from the malicious hearts of barbarous Papists, by the hand of their Agent Hubert, who confessed, and on the Ruines of this place declared the Fact, for which he was hanged, (vizt.) that here began that dredfull Fire, which is described and perpetuated on and by the neighbouring Pillar. Erected nno 1681, in the Majoraltie of Sir Patience Ward, Knight." (705) Such were the inscriptions. The Column is situated not far from London Bridge; in shape it is similar to those in Rome called after the good Emperors Trajan and Antonine, and now decorated with statues of the Blessed Apostles. It is made of shaped stones. When it emerges from its square base it is round in form and of the Doric order. The base is forty feet high, and twenty-one feet wide . The diameter of the column itself is fifteen feet, its height one hundred and twenty-five. An epistyle is added for ornament, and a gilded iron rail for the convenience and safety of persons looking down on the city below. (706) The front side of the base faces the main street and is decorated with a variety of emblems cleverly conceived and skilfully executed. In the opposite side is a doorway. Up the centre are steps made of black marble leading from the bottom right to the top. On one side is the following inscription in capital letters: (707) "In the year of Christ 1666. The Second day of September, Eastward from hence, at the distance of Two hundred and two Foot (the height of this Column) about midnight, a Terrible Fire broke out, which driven on by a High Wind, not only wasted the adjacent parts, but likewise places very remote, with incredible noise and Fury. It consumed Eighty nine Churches; The City-Gates, Guild-Hall, many public Structures, Hospitals, Schools, Libraries, a vast number of stately Edifices, Thirteen thousand two hundred Dwelling-Houses, four hundred Streets; Of the six and twenty Wards, it utterly destroyed Fifteen, and left Eight others, shattered and halfe burnt. The Ruines of the City were Four hundred Thirty and six Acres, from the Tower by the Thames-side to the Temple-Church, and from the North-East Gate, along the City-Wall to Holborn-Bridge. To the Estates and Fortunes of the Citizens it was Merciless, but to their lives very favourable, that it might in all things resemble the last Conflagration of the World. The destruction was suddain, for in a small space of time, the same city WClb seen most fluurishing and reduced to nothing. Three MONUMENT .


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days after, when this fatal Fire had baffled all humane Counsels and Endeavours, in the opinion of all, as it were by the Will of Heaven it stopt, and on every side was extinguished ." (Trans. taken from Chamberlayne, Angl. Not.) (708) On the other side is inscribed the following: "Charles the II ? son of Charles the Martyr, King of Great Britain, France and Ireland, Defender of the Faith, a most just Prince, commiserating the deplorable state of things, whilst the Ruines were yet smoaking, provided for the Comfort of His Citizens, and Ornament of His City; l{emitted their Taxes, and referred the Petitions of the Magistrates and Inhabitants, to the Parliament, who immediately past an Act, that Public Works should be restored to greater Beauty with Public Money, to be raised by an Imposition on Coals; That Churches and the Cathedral of St. Pauls should be Rebuilt, from their Foundations, with all Magnificence; That Bridges, Gates, and Prisons should be new made; The Shoars cleansed; The Streets made straight and regular; such as were steep, levelled, and those too narrow, made wider; Markets and Shambles removed to separate places; They also Enacted, that every house should be built with Party-Walls, and all in Front raised of equal height, and these walls all of squared Stone, or Brick, and that no man should delay Building, beyond the space of Seven years. Moreover, Care was taken by Law, to prevent all Suits about their Bounds; Iso Anniversary Prayers were enjoyned; and to perpetuate the Memory hereof to Posterity, they caused this Column to be Erected. The Work was carried on with diligence . London is restored, but 'tis uncertain whether with greater Speed or Beauty. A three years time finished, what was supposed to be the Busines of an Age. " (Trans. taken from Chamberlayne.) (709) This is taken from a book published in English called A ngliae N otitia: or the Present State of England, the author of which must be held responsible if there is any error in the measurements. These inscriptions were made by the public authority of Parliament, when the events were still recent, and after strict and searching examination of the witnesses; they declare that the Fire began wholly by chance and that nobody was responsible for it. The other earlier inscriptions diverted onto the Catholics the odium of having caused that appalling disaster; but they depend upon the word of Oates and Ward, and it is hardly necessary to say how little credit they deserve, since both of them have been condemned for perjury. (710) It has frequently been remarked above that the Catholics have often been blamed, most unjustly, for the disaster of the Fire. It will not be irrelevant if, now that Ward's inscriptions have claimed our attention, I show more clearly the injustice of the charge. It will thus perhaps appear that Ward's story was no less stupid and no less remote from the truth than that of Oates and Tonge. I shall begin with Hubert, whom Ward, with typical Protestant honesty, mentioned in his in cription and described as "the Papists' agent." Hobert Hubert was born at Rauen in France, the son of an adherent of Calvin's sect, and himself a Calvinist. Betaking himself, for reasons unknown, to Stockholm, the royal city of Sweden, he there adhered to the Calvinist Church. He was mentally defective, and half of his body was paralysed; he had completely lost the use of one hand and dragged one foot with difficulty. At the bidding of his father, who was at Rauen, he embarked on a vessel belonging to La.urence Peterson.


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a Swede, which was bound for his native land. At the time a fierce war was in progress between the English on the one side and the French and Dutch on the other, and the English fleet was at sea under the command of Rupert, Prince Palatine of the Rhine. Peterson was brought before him. Upon declaring that he was a Swede and that his ship was Swedish and carrying a Swedish cargo to Rouen, he was ordered to sail to London to give an account of his merchandise, in case he was taking a forbidden cargo to a hostile nation. He put in at London two days before the Fire broke out and during these two days Hubert did not disembark. While all were watching the glow of the flames from the ship's deck, it was noticed that Hubert was wonderfully delighted with the spectacle. Captain Peterson was angry at this, and ordered him to be thrust down below deck. But he escaped through a porthole and made his way unobserved into the city. There he was seized upon by the excited populace, which was suspicious about everything, and when asked Who had started the fire? Had he ? etc., he replied Yes to all their questions, without knowing what they were asking or what he was answering, for his intelligence was defective, and he knew no English. All this information was drawn by Lestrange from the evidence given by Captain Peterson, who frequently came to London on the same ship after that time; and it was confirmed, after careful examination, by the testimony of Sir (John de) Leyenberg, ambassador in London of the King of Sweden. So the commission appointed by Parliament to enquire into who was responsible for the Fire declared Hubert innocent of the crime. Nevertheless he was hanged, and so paid the penalty not indeed for committing the crime (though he was condemned as guilty) but for his folly. (711) This evidence establishes : first, that Hubert did not come to London for the purpose of setting the city on fire, for he was sailing to Rouen and changed his course not by his own or the captain's choosing but at the orders of the Admiral of the English Fleet. Secondly, it establishes that he did not introduce a fireball into the house where the fire began, since he did not set his foot ashore until the fire was raging far and wide-the fire which had given him such delight while he was still in the ship. Thirdly, it shows that, even had Hubert really been responsible for the fire, his blame does not affect the Catholics, because they had never had anything to do with him; but in fact he had followed the Calvinist sect and attended Calvinist services both in France and in Sweden. Nevertheless, it became almost an article of the Protestant Faith that the Catholics were guilty, and anybody who denied it was called a Papist or a Jesuit. Let us hear Lestrange rejecting the silly story with his usual eloquence and solid argument: " What an absurd story! How ridiculous! A fellow who can hardly stand on his feet is picked out for a deed like that; a Papist issues forth from the Calvinist Church at Stockholm; the man chosen to scatter fire in London is put on board a ship that is not bound for London; an acknowledged idiot is made the principal actor in so great a Plot; and he is said to have taken a fire-ball into a house from which he was a mile distant. In fine, anyone who believes all this is as mad and as crazy as Hubert himself; and anyone who does not believe it is a Jesuit" (Translation). (712) So writes Lestrange. With much more justification, or at least with greater plausibility, the blame for the crime might be placed upon those fanatics, the true Protestants. For at the end of


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April in the year in which the Fire occurred, eight of their number suffered capital punishment for having resolved to set fire to the city (which was then innocent of all desire for revolution), to overthrow the constitution, to cancel debts and equalise property, etc. They all confessed the crimes with which they were charged both before the tribunal and at the gallows; and they added that after their death others would remain to scatter fire-and that too on 3rd September, the very day on which the Fire started. This day had been chosen in preference to others, because the Astronomers' Almanacks said it would be fatal to the city and perhaps to the monarchy as well. This information is contained in the London Gazettes which recorded their execution and were published immediately after. (713) However, the opinion of most people and of the more thoughtful is that the Fire came from God, who was punishing a proud and stubborn people far their seditions, their civil wars, and for a crime of parricide which was without precedent for centuries. Many circumstances contributed to the spreading of the Fire, but two in particular: first, the houses were made of inflammable fir-wood, and the streets with few exceptions were narrow even on the ground floor, while the rooms in the houses at each side jutted out further at each storey, so that their roofs very nearly touched each other. Secondly, the summer was rainless, cloudless, and very dry: the drought together with the sun's heat is said to have caused forest fires in Italy and, if I am not mistaken, in Germany as well. (714) The Fire broke out at about one o'clock on the night which follows the 2nd September, that is, early on the 3rd September, the day which our Almanacks had foretold as fatal to the city, in the house of a baker, from his neglect of the coals with which he had heated his oven. The flames were driven by a strong wind from the west towards the east end in the direction of the Tower (as London's citadel is called) ; then, as the wind veered from east to west, the fire was driven back and raged as far as the Temple, after devastating the other places recorded in the inscription on the Monument. Finally, He Who by His just judgment had allowed the Fire, and Who has set bounds to the heaving waves of the sea, set bounds also to the fire's furious frenzy, and halted the greedy conflagration. (715) Regardless of his own safety in his efforts to help his afflicted people, Charles was found more than once with York in the midst of the flames. And yet worthless men through utter ingratitude dared to attribute to them these disasters, which had happened by chance, or which they had themselves called down by their own sins. (716) So much for the Fire of London, which Patience Ward wickedly attributed to the Catholics in his notorious inscription, in order that the blame for it should oppress their posterity also, and that he might propagate hatred of the Catholics even to distant generations. But in vain, for the lying inscription was effaced by public authority, and abundant care was taken to secure the Catholics' good repute both for the present and for the future. (717) (This account of the Fire seemed not irrelevant to the history I have undertaken, although it began many years before the outbreak of the persecution, because the Catholics were accused of starting it, and this accusation, no less than the fictitious Plot, had the effect of stirring up the populace against them.) (718) When the disturbances had for the most part been quelled, L


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the seditious citizens repressed, peace almost restored, and honest men raised to the magistracies, John Moore, at the end of his year as Mayor, was formally thanked by the Civic Council for administering the highest civic office successfully, honestly, and for the common good. (719) EMBASSIES TO CHARLES. While Charles's authority was being vilified in England by the activities of the Faction, it was respected by the Muscovites of the north, the Emperors of Fez and Morocco in the south, and the King of Bantam in the east, each of whom sent a solemn embassy to Charles . The King of Bantam sent his embassy to establish commercial relations between his subjects and the English, and asked that his subjects be granted the right to trade in England. This did not please the British India Company, nor did it really seem to be to the advantage of the Bantamese, for the English climate is so ill-suited to them that most members of the Ambassador's numerous suite breathed their last in England, and few returned home safe. A little later civil war broke out amongst their countrymen, and great changes followed, in consequence of which the English, French, Swedish, Germans, and in fact all the Europeans except the Dutch, were driven out of the kingdom and deprived of the right to trade there. This filled the other nations with a bitter hostility, which has not yet been assuaged, against the Dutch, who were believed to have caused the expulsion.


BOOK VII 1683 (720) CONTENTS. The code-language of the Faction, and their arms. Their plans to kill Charles and York. The place chosen for this crime . An absurd informer. Intrigues against Jones. Erection of a statue to Charles. London is deprived of privileges. Discovery 'of the Presbyterians' Plot. Punishment of the conspirators. Rejoicings over the verdict, and votes of thanks. The Oxford Censure. A remarkable spell of cold. (721) In the last book I recorded that at the beginning of this year (in January) Shaftesbury died at Amsterdam; but the desire of revolution which he had kindled did not die out with him; rather it gained strength from fear of York, hatred of monarchy and the wish to have a democratic constitution. I do not include religion in this list, because, although the Lords of the Faction adorned themselves in the guise of religion, so that they could deceive the populace with greater ease, religious considerations counted for nothing with them. Charles's weakness-or call it negligence-so encouraged them that they would discuss these things openly and anywhere with strangers, once they were sure that they cherished similar desires. (722) THE CODE-LANGUAGE OF THE FACTION, AND THEIR ARMS. And they had thought out a method of discovering this: one would undo two of the buttons of his outer garment and immediately do them up again, while saying the word « Harmony." If the other man did the same, he was kno'\.vn to be cognisant of the Plot. And just as some people use secret signs in letters to communicate intentions which they wish to conceal from others, so the conspirators used secret words. To stir up sedition was in their language « to contest the case"; to make away with the King was to « enter into possession."· (723) They had ready three types of weapons: (1) very small guns, commonly called' pistolettes,' such as horsemen hang from their harness; (2) larger weapons called 'muskets,' such as infantry use; (3) a type of weapon peculiar to our countrymen and unknown or at least unused by other nations, which we call 'blunderbusses' ; they are equal in length to the musket, but have a much wider breach and easily hold twelve or fourteen musket-balls, which they discharge accurately, to the certain destruction of the person at whom they are aimed, for the single ball of the musket when released easily swerves from the target, but it is hardly possible that when so many are fired all should miss. Arms of the first type the conspirators called crow quilts, of the second goose quilts, and of the third swan quilts. Gunpowder and shot they called ink and sand. When they wanted to say that somebody was equipped with arms, they said he had pens and ink ready . (724) They called Charles the Black-Bird and York the Gold-Finch on account of the different colours of their hair. When they were discussing how to lay an ambush for them, they said they were planning how to catch the Black-Bird and the Gold-Finch. These devices enabled them to discuss the Plot without danger, for, though overheard by others, they would be understoood only by confederates. However, their activities escaped nobody save Charles, whose particular interest


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it was to know about them; although everything was swarming with suspicious circumstances, he alone never brought himself to feel afraid or suspicious. This consideration gives us additional reason for attributing the glory of having saved him and his kingdom not to any human industry, but to Divine Providence. The same Providence which, despite the enemies of the State, had recalled him from exile and placed him on the throne also preserved him after his accession from the secret intrigues of his enemies. The Faction, hoping to prevail by cunning and forethought as well as by the violence of their attack, carried out the desire of the Association (about which see above) and entrusted supreme power to a few persons chosen from their number: everything was then done according to the orders of these men. At the outset they were Monmouth, Essex, Grey, Russell, Howard of Escrick, Algernon Sydney and John Hamden-seven in all. But Howard imprudently blurted out some information, and was struck off the list. (725) THE PLANS OF THE FACTION. When occasion demanded, they admitted to their counsels Rumsey, Armstrong, Ferguson and Sheppard. Their first debate was about how they should make a beginning. Should there be a general insurrection in England and Scotland simultaneously, or should they start by killing Charles and York? They chose the latter alternative, because the other seemed too difficult. Then the question arose, what to do after that? Should Monmouth be raised to the throne or Richard Cromwell, the son of the arch-rebel and tyrant, who upon succeeding his father as Protector had made a laughing-stock of his supporters no less than of himself ? As both Monmouth and Cromwell had their supporters, the question was left to be decided at later meetings. They unanimously decided to marry York's maiden daughter, Anne, to one of the lowest grade of the nobility within the kingdom, so that her children, if she should have any, would extinguish the right of foreign princes to the crown. Then they discussed how they would take vengeance, and decided that John Moore the ex-Mayor, and Pritchard, his successor, should suffer the extreme penalty and their skins be stuffed with straw and hung up in the Guildhall, in order to deter posterity from imitating them. The same decision was made with regard to the judges, except that their skins were to be exposed in Westminster Hall, where they had held court. (726) A similar fate was decided on for Beaufort, Halifax and others of the King's servants, and in general for the ministers of the Protestant Church. Others proposed that the crime of having slain the King should be fastened on the Catholics, and that when the populace had been stirred with horror at this, they should exterminate all Papists, including those who were called Papists in Masquerade and were in fact Protestants. Ferguson alone contended that the glory of their parricidal act should not be shared with the Papists, and prophesied that one day, in the name of the government and people of England, statues would be set up to the assassins with this inscription: To the Liberators of their Country. (727) THE PLACE CHOSEN FOR THE ASSASSINATION OF THE KING. The place judged to be best suited for perpetrating the parricide was the house of Rumbold, who had served under Cromwell. I twas situated half-way between London and Newmarket, eighteen miles from London and a mile from the place where fresh horses, fresh car-


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riages and a new bodyguard were to be waiting for Charles . He usually arrived there with his horses tired, and so was more exposed to inj ury. Charles was in the habit of using that road, because it was straighter and therefore shorter than the common highway, which he left on his right. The house itself and the garden were surrounded by a strong and high wall of brick, which was protected by a moat full of water; behind it twenty men could hold out for a long time against five hundred, provided the attackers had no heavy artillery. A courtyard nearby, likewise surrounded by a wall, was well suited to conceal soldiers. The narrow road passing the house was scarcely twenty-five feet wide and would not take two carriages, and it was impossible to go back once one had entered upon it, or to go forward if a coach appeared on it. The conspirators had decided at Charles's approach to block all progress with an overturned cart. It was later discovered that assassins had been ready in the same place some years before to await Charles on such a return journey, but he avoided them by going through a nearby plantation for some reason unknown, although on other occasions, before and after, he always passed close by the house. (728) Attend all you, wherever you are and of whatever nation, who say that God does not exist or that human affairs are not controlled by him: the safety of Charles and York will refute your error. Everybody knew on which day Charles had decided to return to London. The assassins, about forty in number, had agreed upon this day, and had prepared their arms long before . But five days before the appointed day a great fire broke out at Newmarket, the smoke and ash of which were driven by a strong wind into Charles's palace. He was thus forced to move to the opposite side of the town. Having found there a sufficiently comfortable house, he decided to stay in it until the day on which he was due to return. But suddenly the wind veered round and beset that house too with smoke and ash. So Charles at once left the dismal place, and began his journey towards London. (729) Rumbold wrote to London that he had seen Charles passing by with a bodyguard of only five, or at most six, men, and that he could easily have made an end of him if he had had but six men. In London, when news came of the fire and of Charles's return, the Faction said that the fire had arisen not by chance but by Divine Providence ; but Ferguson boldly asserted that God had reserved the royal brothers for them, to be punished, no doubt, with a sharper penalty. (730) These events occurred in the month of March, but were unknown to Charles until quite late in June, when the hostility of the Presbyterians was revealed to him: thus it appears that God, as it were, stretched out His hand and withdrew him from the danger. Charles, saved only by the Providence of God, who sees all things, went away to Windsor, unaware of his peril. The plotters, in no way improved by what had happened, laid an ambush for him on both his outward and his return journeys. They had changed the scene where the tragedy was to be staged, but their evil will remained unchanged. However, their efforts were futile, because "when God is with us, who is against us ? Against Whom there is no wisdom, nor prudence, nor counsel. " (731) A RIDICULOUS INFORMER. At this time there arrived in England a man who falsely declared himself a Jesuit, and who, declaring himself an informer, promised not indeed to confirm Oates's perjuries (which was now seen by everybody, and even by him, to be impossible) but to refute them, provided he were given the encouragement of some


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considerable reward. He sent a letter to Charles, igned Neophyte Oates. It ran thus: (732) "Neophyte Oates to the King. I call myself Oates because I intend to do strange things, as he has, by mending what he has destroyed. I have been a Jesuit and can make out that whatever Oates has deposed is a lie, for he cannot tell how often a week the Jesuits teach a discipline, how often each of them washes the dishes, how often they scour them. He has never been a novice, for he does not know what be the great and what the little works of the novices. (733) "Though I can show Oates to be a liar, I will not proceed without your command. If it will not be profitable that I should meddle in this business, I desire your Majesty will reward me by buying me apprentice to some merchant." This pitiful and pitiable informer was treated as a joke and sent away. It is said that after living a miserable existence for some time, by begging from door to door, he emigrated to the English Colonies in America. (734) AN INTRIGUE AGAINST A PRIEST, MR. JONES. This fellow's stupidity amused both Catholics and non-Catholics; but the Catholics were much disturbed by a thunderclap which occurred in May and seemed to portend another storm; but the thunderbolt flashed to no effect. A man of a noble Catholic family, who was himself a Catholic, was induced by the hope of a wealthy marriage offered him by the Faction to lend them the assistance of his hand and mind. He composed a letter and planted it in the room of N. Jones, a secular priest. Various portions of its contents were admirably designed to upset the kingdom . Jones was taken prisoner, and the one letter was placed before the Privy Council: but as the handwriting was known to many, it betrayed its real author. So he too was put in prison; but he escaped the punishment due to disturbers of the public peace, through the influence of his relations who enjoyed Charles's favour; and he himself helped to win that favour by volunteering information against his accomplices. His punishment was commuted to perpetual banishment. (735) ERECTION OF A STATUE TO CHARLES 1. At the end of May the statue of Charles I was restored to its niche in the London Arcade (which is called the Exchange, because merchants meet there to do business). The following inscription was added: The Royal Image of the most Serene and Religious Prince Charles I King of England, Scotland, France and Ireland, Defender of the Faith, (twice a martyr-in body and in effigy) was by the impious hands of Rebels cast down from this place and shattered in the year of our Lord 1648. I t was restored and finally placed here in the year of our Lord 1683. (Translation.) (736) The City Council had this done in order to make amends, to the best of their power, to the honour and the memory of that excellent Prince; for when his statue had been cast down, in the empty niche had been set up this insulting inscription: The Tyrant is gone. (737) The Council also decided that the City's Public Record Offices should be visited, and that from all of them, as well as from


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the Public Registers, every record of the illegal enactments and transactions made or done at the time of the Civil Wars or in the recent disturbances should be removed and committed to the flames, so as to destroy all memory of them, if possible, in order that no record of the city's perfidy should remain to be imitated by posterity. Further, they passed a decree recognizing in the Mayor and Aldermen a right of veto-that is, the right to render null and void any resolutions made by the Craftsmen's Guilds, even those passed unanimously. Thus the city's limbs, which had been dislocated by the intrigues and violence of the Faction, were restored to their original positions, bound together with the ligament of concord, and firmly attached to their head, namely the King. (738) LONDON LOSES PRIVILEGES. Charles might indeed have been placated by the citizens' present readiness to obey him, had it not seemed better to. kill their disobedience at its roots by depriving them even of the power to disobey. I have recorded that two years before this the most distinctive privileges of London were called in dispute . Now they were declared void by the Judges. Thus the city which had lately been the most distinguished of all was deprived of its rights and reduced to the status of an obscure town, and wept in vain over the thoughtless arrogance and perverse audacity of its citizens. After having presumed, in its impatience of every restraint, to lay down the law for the King and the whole kingdom, it was now obliged to submit to the yoke, to make its surrender, and to accept laws and magistrates of Charles's choosing. However, thanks to the humble supplications of the Mayor and Aldermen and others untainted with the poison of faction, very lenient laws were made. "The city's chief magistrates shall be elected in the customary way; but they shall not take up office after any election until such election has been ratified by the King. If the citizens twice elect as Mayor or other magistrate a citizen who is not to the King's liking, the King shall have the right to nominate another. Elections of lesser magistrates shall be conducted in the customary way (save for a few minor alterations)" (Translation). These laws were proposed in the City Council and were accepted by the greater and the better part, for the misdeeds of their predecessors had caused them to fear more oppressive ones. The other cities throughout England gave up their privileges almost of their own accord, for they lost hope of being able to protect them when London was unable to offer any resistance. (739) THE PROTESTANTS' PLOT IS DISCOVERED. The time had already arrived when God had decided to manifest deeds that were hidden and to reveal the secrets of wicked hearts. He used for this purpose the services of Josiah Keeling and his brother John, citizens of London. The former of these reported to Jenkins, Charles's secretary, what was happening. When rumours spread of the discovery, the bolder spirits looked to their arms and thought of making a sudden attack; others did otherwise. But fear of impending disaster took away all time for deliberation and ruined all plans, for the informers were running hither and thither to arrest the conspirators. The first to be seized was West, a man learned in English Law, then Essex, Russell, Sydney, Hampden and others. Charles issued Proclamations ordering the arrest of Monmouth, Grey, Armstrong and Ferguson, and promising ÂŁ500 to anyone who should apprehend any of them. Armstrong was brought back from Holland and Holloway from America.


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Monmouth, expecting to obtain an easy pardon from his indulgent father, sent him two letters from his hiding-place, begging pardon for his fault, which he attributed partly to the rash folly of his youth and partly to the clever machinations of the Faction. He promised to mend his ways in the future, and to reveal information which it was of interest to Charles to know. Hereupon, he was given a promise of impunity and admitted to Charles's presence. Falling on his knees, he admitted that he was guilty on all other counts, but stoutly maintained that he had never plotted against Charles's life . He humbly craved pardon, and used the intercession of York, asking for one concession only, namely that he should not be forced to bear witness against the other conspirators. The Report published in the King's name leaves no doubt that he secretly informed Charles and York that none of the Presbyterian ministers was innocent of complicity in the Plot. However, as the Faction wished to use the pardon granted to Monmouth as a proof that no plot had ever been made, that all their adherents were innocent, and that those condemned for it had been punished unjustly-as, moreover, Charles found that some who were suspected of being in the Plot and others who were known to be in it were frequenting Monmouth's house and enjoying his companionship, while he did not turn them away, Monmouth fell from his father' s favour, and crossed to Belgium, where he stayed until Charles's death . (740) THE CONSPIRATORS ARE PUNISHED . The trial of the prisoners was begun at once, and unexceptionable witnesses were produced. Proofs of the Plot were brought to light-arms found in the houses of the guilty parties, troops made ready, sums of m~)lley etc.-evidence such as to exclude all doubt about the Plot. The prisoners confessed most of the crimes with which they were charged, when they saw that it was futile to deny them in the face of the manifest truth. Russell admitted that he had attempted to disturb the public peace by exciting the populace to sedition, and furthermore, that he had wished to destroy the King's bodyguard, on the grounds that it had not been established by law: he denied, however, that this was a capital offence, because his intention had not been carried into act. He admitted that far more serious proposals had been made by various others, but claimed that their violent dispositions had not been to his liking. Sydney said that h e had been brought up amid civil disturbances and had supported Parliament in its struggle against monarchy; t hat many miracles had proved that the people's cause, when they bore victorious arms against the King, was pleasing to God (by the ( miracles' he meant the victories which they won over the roy al ar mies). I n his study was found a book, written in his own h and , against the Monarchic Constitution. In it he maintains that kings are appointed by t he p eople and can b e deprived of their power at the people's will. He said that he had composed this treatise in order to practise his pen. The following quotation is noteworthy: T his hand ever will be and ever was hostile to tyrants. We do not n eed an Oedipus to tell who were these tyrants against whom he declared perpetual enmity. Russell, in pleading his case, complained that he had not been given sufficient warning to prepare his defence, since h e had been allowed only eleven days. The King's procurator replied: " But y ou were not intending to allow the King that many hours t o prepare him self for certain death. " (741) Both men were condemned t o the penalty appointed for


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seditious violence; but Charles granted as a concession to their families that they should die by the axe. Russell asserted his innocence to the last, insisting that he had done nothing to deserve death. Sydney admitted that he had done what he was charged with, but denied that his actions were criminal, because Charles, he said, could be lawfully killed and the supreme power could be legitimately transferred to the people. Essex, who had received both wealth and rank from Charles's hand, could not bear the shame of his ingratitude to his benefactor, and without waiting for sentence of death died by his own hand after slitting his throat with a lancet. This caused Charles much regret, for he would probably have spared Essex on account of his father's great services. Walcott (who, as we said above, was Shaftesbury's close companion in exile) confessed that he had taken part in the Plot, and said that he had refused the task of killing the King, which had been offered him" because he thought it shameful for an armed man to slay one unarmed: he had decided to attack the King's bodyguard, while others, of less noble mind, perpetrated the womanish crime of butchering Charles and his brother. (742) Hone, a joiner, the assistant of College (about whom see above), was also hanged . He admitted that for many years he had been on the alert for every opportunity to destroy Charles; he had placed himself in a belfry in London, in order to shoot him as he passed nearby. He added by way of lessening the heinousness of the act that he had been persuaded to it by others . Rouse, his companion in crime, suffered soon after. He admitted that he deserved to die and that none of the accusations against him was false. He had heard. he said, the most appalling things from the true Protestants, whom he called the wickedest of m ankind. There was not one of the prisoners, except perhaps Russell, who did not admit the Plot's existence and add various items of information which were unknown to those who first reported it. One such astonishing addition was that one of the men chosen to assassinate Charles had said that he would have destroyed Charles and York without the slightest scruple, because they deserved to die; his only regret was that perhaps their driver, who was an innocent man, would have to be killed in order to stop the carriage, in case he should make the horses gallop and rescue Charles from danger. Such are the monsters which the true Protestant Church rears up ! (743) Armstrong, who was captured at Leiden and brought back to England, came up for trial in the following year, 1684, on the 14th of June. On the 20th of the same month he suffered the extreme penalty for the crime of rebellion. The parts of his body were sent to the various cities which had been the scene of his crimes, to be publicly exposed. One part was sent to Stafford, which had appointed him to Parliament. Rumbold temporarily escaped punishment by flight, but did not avoid it altogether. Two years later he underwent it in Scotland, after being captured in Argyle. Many others were punished too, but many, even though proved guilty, were spared, because it would have meant public ruin to punish all the guilty. Walcott said at the gallows that the conspiracy had been so widespre.ad that an amnesty was needed. When Grey was captured he was entrusted to an informer, to be taken to the Tower of London. But he gave wine to his guard in an inn, and while the guard was asleep took to flight and saved himself. A large store of arms had been found in his house : he said that some of them had been left him by his ancestors and t hat


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he had recently bought the others through fear of the Papist Plot. He fled to Holland, whence he returned with Monmouth as a cavalry officer. After the failure of Monmouth's party he was pardoned, either because when he fled from the battle he took the cavalry off the field with him, or because he merited pardon by serious repentance and by confessing everything. (744) REJOICINGS OVER THE DISCOVERY OF THE PLOT. By Charles's order throughout all his dominions solemn services were held to render thanks to God for the discovery of the Plot: for Charles felt that the danger had been dispelled by God's goodness alone. There followed tumultuous public rejoicings, which were led by the Mayor of London, the Aldermen and the whole Civic Council. Their example was followed by the other municipalities and by the larger towns throughout England. Foreign Princes-even non-Catholic ones-also did what human kindness required through their ambassadors. This shows what a great distinction the common opinion of the whole world drew between the Popish Plot and the Presbyterian Plot: there was nobody who sent congratulations on the discovery of the former, and nobody who did not do so on the discovery of the latter-the reason being, of course, that they believed the one purely imaginary and the other real. The Most Christian King, as a mark of favour to Charles, his friend, ally and kinsman, issued an edict ordering the arrest of Monmouth, Grey, Armstrong and Ferguson, if they should appear anywhere in his dominions, and promised an additional reward of 5,500 French pounds to the captor of any of them. In this he did right, for such crimes, though planned against a single king, affect all monarchs, for the dignity of all is one, and their majesty equal; and it is of great importance that all men should know that there is no safe refuge anywhere for men who devise such crimes. (745) THE CENSURE OF THE UNIVERSITY OF OXFORD. The University of Oxford, desiring to give all possible support to the constitution, which had been attacked from all sides, branded with its censure (which was entirely deserved) twenty-eight propositions-aU most objectionable to rulers-taken from Buchanan, Milton, Hobbes, Goodwin and others, condemning them as false, seditious, impious, heretical for the most part and blasphemous, insulting to the Christian Religion and destructive of all power, whether civil or ecclesiastical. It also ordered the burning of the books from which the doctrines were extracted. The propositions were the following: 1. All civil authority is derived originally from the people. 2. There is a mutual compact, tacit or express, between a prince and his subjects, and if he perform not his duty, they are discharged from theirs. 3. If lawful governors become tyrants, or govern otherwise than by the laws of God and man they ought to do, they forfeit the right they had unto the government. 4. The sovereignty of England is in the three estates, viz . kings, lords, and commons. The king has but a co-ordinate power, and may be over-ruled by the other two. 5. Birthright and proximity of blood give no title to rule or government, and it is lawful to preclude the next heir from his right and succession to the crown. 6. It is lawful for subjects, without the consent and against the command of the supreme magistrate, to enter into leagues, covenants, and associations, for the defence of themselves and their religion. 7. Self-preservation is the Iundamental law of nature, and supersedes the obligation of all others whensoever they stand in competition with it. 8. The doctrine it


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of the gospel concerning patient suffering of injuries is not inconsistent with violent resisting of the higher powers in case of persecution for religion. 9. There is no obligation upon Christians to passive obedience, when the prince commands any thing against the laws of our country ; and the primitive Christians chose rather to die than resist, because Christianity was not settled by the laws of the empire. 10. Possession and strength give a right to govern, and success in a cause or enterprise proclaims it to be lawful and just; to pursue it is to comply with the will of God, because it is to follow the conduct of His Providence . 11. In the state of nature there is no difference between good and evil, right and wrong; the state of nature is a state of war, in which every man hath a right to all things. 12. The foundation of civil authority is this natural right, which is not given, but left to the supreme magistrate upon men's entering into societies; and not only a foreign invader, but a domestic rebel, puts himself into a state of nature to be proceeded against, not as a subject, but an enemy, and consequently acquires by his rebellion the same right over the life of his prince, as the prince for the most heinous crimes has over the life of his own subjects . 13. Every man, after his entering into a society, retains a right of defending himself against force, and cannot transfer that right to the commonwealth when he consents to that union whereby a commonwealth is made; and in case a great many men together have already resisted the commonwealth, for which every one of them expecteth death, they have liberty to join together to assist and defend one another. Their bearing of arms subsequent to the first breach of their duty, though it be to maintain what they have done, is no new unjust act, and if it be only to defend their persons is not unjust at all. 14. An oath superadds no obligation to fact, and a fact obliges no further than it is credited; and consequently if a prince gives any indication that he does not believe the promises of fealty and allegiance made by any of his subjects, they are thereby freed from their subjection, and, notwithstanding their pacts and oaths, may lawfully rebel against and destroy their sovereign. 15. If a people, that by oath and duty are obliged to a sovereign, shall sinfully dispossess him, and, contrary to their covenants, chuse and covenant with another, they may be obliged by their later covenants, notwithstanding their former. 16. All oaths are unlawful, and contrary to the word of God. 17. An oath obJigeth not in the sense of the imposer, but the takers. 18. Dominion is founded in grace. 19. The powers of this world are usurpations upon the prerogatives of Jesus Christ; and it is the duty of God's people to destroy them, in order to the setting Christ upon His throne. 20. The Presbyterian government is the scepter of Christ's kingdom, to which kings, as well as others are bound to submit; and the king's supremacy in ecclesiastical affairs, asserted by the Church of England, is injurious to Christ, the sole King and Head of His Church. 21. It is not lawful for superiors to impose any thing in the worship of God that is not antecedently necessary. 22. The duty of not offending a weak brother is inconsistent with all human authority of making laws concerning indifferent things. 23 . Wicked kings and tyrants ought to be put to death; and if the judges and inferior magistrates will not do their office, the power of the sword devolves to the people; if the major part of the people refuse to exercise this power, then the ministers may excommunicate such a king; after which it is lawful for any of the subjects to kill him, as the people did Athaliah, and


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Jehu Jezebel. 24. After sealing of the scripture-canon, the people of God in all ages are to expect new revelations for a rule of their actions; and it is lawful for a private man, having an inward motion from God, to kill a tyrant. 25. The example of Phineas is to us instead of a command; for what God hath comman ded or approved in one age must needs oblige in all. 26. King Charles the First was lawfully put to death, and his murderers were the blessed instruments of God's glory in their generation. 27 . King Charles the First made war upon his parliament; and in such a case the king may not only be resisted, but he ceaseth to be king." (746) This Censure issued not from the Theological Faculty alone, to whose court it properly belongs to take cognizance of heretical and erroneous doctrines, but from the whole University-that is, from all the Faculties together-a thing which elsewhere occurs rarely or never at all . Each Faculty has its own limits, which it does not hastily transgress, and within which it is wholly occupied. "Let the physicians do the physicians' task, and the cobbler stick to his last." But the English Calvinist heresy has brought in new ways of life, introducing a confusion of all orders and all faculties. When a form of religious service was to be fashioned , the laity were given equal votes with an equal number of Ecclesiastics; when a profession of Faith is to be formulated, the laity are brought in along with the ministers; when laws are to be made affecting Church matters, and when Canon Laws have to be passed, again the laity are brought in, so that their religion may appropriately be called a lay religion, fashioned by laymen, promoted by laymen and governed by laymen. The University performed its duty indeed, by doing what was in its power, although nothing good could be looked for from it. For what respect could laymen have for a scholastic censure, when they had learnt complete indifference to the dogmatic pronouncements of the Church? Why should they fear the University's heat-lightning, when from these very same Doctors they had imbibed the doctrine that the thunderbolts of the General Councils are to be treated with contempt? (747) THE DEATH OF GEORGE MORLEY. In this year died George Morley, a Doctor of Protestant Theology, and pseudo-Bishop of Winchester. At the beginning of this year he wrote and published various short tracts against the Catholics, which the writer of this present history is considered to have promptly refuted. He was a man of great authority in his Church, being a member of the nobility and Bishop of the most opulent of the Churches. As such he could not approve of a Calvinist Constitution, because a man who loved wealth and authority could not be well disposed to proposals for equality of all ecclesiastics, freedom of the conventicles, and destitution for sacred ministers. But in other respects he was addicted to Calvin's doctrines, though these were unpopular with the Anglican Church. He was therefore accused, in a published book, of Calvinism, a charge which was hateful to the Court at that time . Morley brought an action against its author for breaking the law de Scandala Magnatum, and had him punished with the loss of a rich benefice and a fine of ÂŁ300. (748) This year was rendered memorable by the revolt of Teckel in Hungary, by the defeat of the Turks who were beleaguering Vienna in Austria, by the deaths of Anna Teresa, Queen of Austria and France, and of Alphonso, King of Portugal; also by the marriage of George, brother of the Danish King, to Anne, the daughter of York; also by


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the evacuation of Tangier by the English after the destruction of its fortifications, the blocking of its harbour and the transference of its citizens to Europe; and finally by an extraordinary spell of cold, which froze the Thames so solid that the ice was equal to bearing the heaviest of burdens. Upon it public taverns were erected, a whole ox was roasted, and bulls were made to fight with huge dogs. Horses, carriages and carts went hither and thither as if on solid earth-and this on a river that will take ships of any description. The destruction of fish was so great not only in lakes, but in rivers and in the sea even, that in the following Lent Catholics were dispensed from eating fish three times a week. To increase the marvel, the ice melted without doing any damage in the brief space of about two hours, and the river, which had supported wagons, was open to shipping.


BOOK VIII 1684 and 1685 (749) CONTE TS . The death of William Petre, and his letter to Charles. The imprisoned Catholic Peers are released. The death of Antony Hunter. Oates's letter to Charles's secretaries, and his petition to the Royal Council. The Reply to it. The trial of Hampden. Charles dies a Catholic. His two Papers. His Epitaph. James peacefully takes possession of the throne. Argyll in Scotland and Monmouth in England are both defeated, captured and punished. Stafford's innocence is recognised. Oates is found Guilty of perjury. Likewise Prance. The Catholics are cleared of the murder of Godfrey. Two embassies to Rome. The end of this history. (750) This new year was marked by striking and unexpected events, and seemed to portend great alterations for a long time to come. This present book, which embraces the events of two years, will place in a clear light the innocence of the Catholics and the perfidy of the Presbyterians, and finally will show that all Oates's statements were perjuries. (751) THE DEATH OF WILLIAM PETRE. At the beginning of this year died the Most Illustrious Baron William Petre, wasted away by the hardships of imprisonment, and duly fortified by the holy Sacraments of the Church. He was among the first to be accused by Oates, was committed to the Tower of London, and lay sick for a long time of a disease contracted there. As the most expert doctors could think of no remedy for his disease except freer air, he begged in a petition submitted to Charles and his Council to be granted leave to enjoy the air, at least under guard; but this was not granted. When he died he left behind him a letter to be given to Charles. It was as foHows: " I am allowed to hope that your Majesty will pardon the presumption of a dying and most dutiful subject, if I venture to trouble you with this brief declaration concerning myself, in presenting which in the first place I offer up to God my cordial prayer for your Majesty's long life and happy reign, with every blessing of the same, and a happy eternity in the life to come. Having been for more than five years in prison, and, what afflicts me more, falsely charged with a horrible conspiracy and design against the person and Government of your Majesty, and being now by the will of Divine Providence summoned to another world before I have been enabled by means of juridical process to prove my innocence, I deem it necessary and an obligation I owe to truth and my own innocence, to make the following protestation to your Majesty and to the whole world: that whereas one Titus Oates hath falsely and maliciously sworn to having seen me receive a commission directed to me by John Paul de Oliva, appointing me Lieutenant-general of an army which (he pretended) was engaged to enter England, I do declare, in the presence of God, who sees all things, and before whose tribunal I am shortly to appear, that I have never seen any such commission, either directed to myself or to any other person whatever, and I firmly believe that he himself has never seen such an one. But of the folly and falsity of this accusation the more sober-minded part of mankind appear to me to be now sufficiently convinced. And, as regards the foul aspersion cast by ignoran t and


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malicious persons in the face of the Roman Catholic Church (of which I am, and by the grace of God shall die a member), that to assassinate their King, and take up arms against their sovereign, is an authentic dogma of that religion, I do declare in all sincerity and truth, that there is nothing which the Catholic Church detests with greater horror ; it being a principle so expressly contrary to the commandment of our Saviour and of the Christian doctrine, and as such I do renounce and abhor it; as also all plots and conspiracies against your Majesty's sacred person. Having thus briefly, and with all the sincelity of a dying man, cleared my conscience, I will end as I began, and will so continue to my last breath, in praying God to defend your Majesty from all your enemies, and to pardon those who have laboured to make me appear as one of themselves-that living and dying I am, as bound, Your Majesty's most obedient and faithful subject, W. Petre. Tower of London. 1st January, 1684.' Three days later he rendered up his soul to his Creator. (752) THE IMPRISONED PEERS ARE SET FREE. The imprisoned peers remaining in the Tower of London were the Earls of Danby and Powis, the Barons Arundel and Bellasis, both Englishmen, and Tyrone, an Irishman. teps were taken in earnest to get them released on bail. The judges were asked whether it was permissible without Parliament's being consulted, and all replied with one voice that it was. The guarantors (or sureties) for Danby were the Dukes of Somerset and Albemarle and the Earls of Oxford and Chesterfield; for Powis they were the Dukes of Norfolk and Beaufort, and the Earls of Pembroke and Peterborough; for Arundel the Earls of Dorset, Scarisdale, Bath and Clarendon; for Bellasis the Earls of Ailesbury and Westmorland, Viscount Falconbridge and Sir John Talbott; for Tyrone the Earls of Rosscommon, Mount Alexander and Carlingford, and Baron Annesley. Tyrone claimed that his case was quite different from the others, because all his accusers had suffered the extreme penalty for various crimes. The prisoners were made to promise that they would appear before the Upper House when Parliament had been convoked, and would not depart thence except by the Lords' permission. If they should break their word, each of the prisoners was to pay a fine of ÂŁ10,000, and each of their guarantors ÂŁ5,000. They redeemed their own pledges and those of their guarantors in the following year, when Parliament was held by James II, who had succeeded to power after Charles's death. Their innocence was then recognised by the peers, and they were restored to full liberty. (753) York, although he lived at Court, held no public office after his return from Scotland. But finally, at the beginning of thi year, he was appointed by Charles a member of the Privy Council, which he always thereafter attended. (754) In this year a pedestrian statue was erected to Charles in the middle of the courtyard of the London Arcade (called the Exchange), with the following inscription : To Charles II, Britain's Caesar, Father of his Country, Most excellent, most clement, most august of King, Favourite of the Human Race, Master of Fortune, both good and bad,


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Lord of the Sea, and its own Defender, The Venerable Company of Merchant Adventurers of England, Which has now flourished for nearly 400 years By Royal Favour, Set up this Token Of its unwavering Loyalty and eternal Gratitude In the Year of Man's Salvation 1684. (Translation.) (755) THE DEATH OF ANTONY HUNTER. At this time there died in prison Antony Hunter, S.J., who had been a captive for five years and under sentence of death for four. He had received most piously all the Sacraments of the Church. (756) OATES'S LETTER TO THE KING'S SECRETARIES. The notorious Oates, who had once been the non-Catholics' oracle and was now their laughing-stock, scarcely dared to go out-of-doors for fear of the populace who, not content with hurling abuse at him, threw rotten eggs and occasionally stones as well. For some time he put up with this in silence, and refrained from appearing in public. But at length he grew tired of such ill-treatment and complained in a letter to Charles's secretaries that he was being treated in a manner unworthy of his great services to the King, and urged that steps be taken about it. He added that he had information of great importance to communicate to Charles, if only he could approach him without danger, and that this would be impossible unless he were surrounded by a bodyguard. He also sent them a petition to be submitted to the Privy Council, in which he asked that silence be enjoined upon Lestrange, the defender of the Catholics' innocence, who was destroying belief in the Catholics' Plot, which he, Oates, had proved to Charles and four Parliaments. (757) The secretaries replied that, if he had any information worthy of Charles's attention, he should report it to the nearest magistrate. The Privy Council replied to his petition that the Courts were open to him; he could bring a case against Lestrange if he had violated the law in any matter. Soon afterwards Oates was arrested in the middle of the city (who in the early days would have thought this possible ?) by a bailiff for a debt of no great size (it did not amount to £25). As none of his friends would provide him with so much ready money, he handed over all the silver he had, both coin and plate, and promised, after providing sureties, to pay the rest within a specified He said to the bailiff as he went away, that if he had attempted period. such a deed three years earlier he would not have escaped with impunity. Thus he avoided imprisonment, but only for a short time; for an indictment was prepared against him in York's name under the law de Scandalo Magnatum, and he was consigned to prison. After due trial he was fined £100,000 and condemned to remain in prison till he had paid. Subsequently, another action was brought against him for perjury, but the hearing was put off to 6th February of the following year: then, since Charles died on that very day, there was of necessity a further postponement. (758) THE TRIAL OF HAMPDEN. Meanwhile John Hampden was brought to trial for having damaged the public interests in a variety of ways. One witness accused him of treason, others of different crimes. He was sentenced merely to pay a heavy fine of £40,000 and to remain in prison until he had paid and given sureties that he would lead an


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honest and peaceful life in the future. Afterwards, in 1685, a charge of treason was brought against him, and several witnesses were produced against him; but lacking confidence in his case he forestalled the witnesses' accusations by coming forward and humbly acknowledging his crime. He was then condemned to the punishment usual for public enemies. But he won James's mercy partly by his voluntary admission of guilt, partly through the intercession of some persons at james's court, and partly because it was said that he had sided with his Catholic neighbours even when times were most difficult. (759) THE FACTION CAUSE A TUMULT. The factious ministers were not meanwhile resting from their work of inciting the people to sedition; but their zeal had no other outcome on England than to bring disaster upon themselves. Scotland, however, was not so peaceful. There fifty-two armed men, of whom sixteen were on horseback, fastened up a paper on the doors of a church and in other public places in a town ' thirteen miles distant from Edinburgh, declaring war upon Charles Stuart (they disdained to give the King any other name or any title), and threatening to massacre all his supporters. Finding two of the King's bodyguard in an inn, they butchered them and savagely cut up their dead bodies into fragments, which they shared out among themselves. At once they scattered and dispersed in flight and went each to his own home in fear of the King's soldiers who hastened to the spot. They owed their impunity to the obscurity of their homes, in which they lay hid. This year, then, was taken up with the punishment of public enemies. (760) 1685, THE DEATH OF CHARLES. The following year, 1685, was darkened by the death of Charles, yet made glorious by the peaceful accession of James, by victories and triumphs, and by the downfall of the partisans in England and Scotland alike. On 2nd February, while dressing himself in the morning, Charles had an apoplectic stroke and seemed to be completely dead. But a vein was opened at once and other remedies were promptly applied with such success that he seemed restored to himself. In fact others, including the doctors, thought he was out of danger; but he did not think so himself, and constantly repeated that he was about to die. All the time, therefore, that was not spent in care for his body he devoted to procuring the eternal salvation of his soul. He summoned a priest of the Religious Family of St. Benedict, and after making a profession of the Catholic Faith, was received into the bosom of the Church and confessed the sins of his whole life with deep sorrow. He yearned for God with most tender affection, saying that the Lord had worked five miracles for his sake-first, on the day of his birth just before mid-day the stars were seen by his father Charles and the citizens of London shining brightly in a clear sky; secondly, when after his army had been routed and put to flight at Worcester, almost in the very centre of England, though the rebels had kept a keen watch to capture him, he had evaded their ambushes and escaped safe and sound to the Continent; thirdly, when he had recovered his ancestral throne without bloodshed; fourthly, when he had avoided the traps frequently laid for him by the Presbyterians and others who shared their counsels; and fifthly, now when he was dying in peace and communion with the Catholic Church, which he had fiercely attacked. He earnestly commended to York the children born to him by various mistresses and mentioned each by name except Monmouth. York, thinking that he had done this simply M


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through a lapse of memory, made mention of him; but Charles replied that he was reluctant to think of one who by his ingratitude had made himself unworthy to be called a son . (761) He died in the fifty-fourth year of his age and the thirtysixth of his reign, of which he spent twelve years in exile. He would have been a prince worthy to be compared with the greatest if he had controlled his immoderate love of women and devoted more of his attention to conducting the public business of the kingdom, which for the most part he left to others. To these others must be attributed what he did wrong, and especially the dreadful storm raised up against the Catholics, whom even he himself judged to be innocent. In its early stages he had hoped that the storm would exhaust itself without bloodshed, and he did not foresee that the popular excitement would rise to such a pitch that it would not be in his power to quell it. It is strange to think that he, who shrank from shedding the blood even of the guilty, should have caused a whole river of innocent blood to flow. (762) To his prudence England owes the peace which she now enjoys, for not only did he stamp out an incipient rebellion, he also tore up its roots and destroyed its inmost fibres by depriving London of the rights and privileges which it was abusing so as to kindle and fan the flames of war. His chief crime against the laws of the art of ruling was his excessive lenience and his indulgence towards the guilty, for he was unwilling to wield the sword of justice, unless forced by absolute necessity. This encouraged the Faction to imagine they could mock him with impunity, since he was not the sort of bull that uses his horns. (763) After his death there were found in his writing-desk two papers written in his own hand, in which he refutes heresy, declares the truth of the Catholic Faith, and shows that communion with the Church of Rome is necessary in order to obtain salvation. The first Paper is as follows: (764) "The Discourse we had the other Day, I hope satisfied you in the main, that Christ can have but one Church here upon Earth, and I believe that it is as visible as that the Scripture is in Print; That none can be that Church, but that, which is called the Roman Catholick Church . I think you need not trouble yourself with entring into that Ocean of particular Disputes, when the main, and, in truth, the only Question is; Where that Church is, which we profess to believe in the two Creeds? We declare there to believe, one Catholick, and Apostolick Church, and it is not left to every phanatical mans head to believe as he pleases, but to the Church, to whom Christ left the power upon Earth to govern us in matters of Faith, who made these Creeds for our directions. I t were a very irrational thing to make Laws for a Country, and leave it to the Inhabitants, to be the Interpreters and Judges of those Laws; For then every man will be his own Judge, and by consequence no such thing as either right or wrong. Can we therefore suppose that God Almighty would leave us at those uncertainties, as to give us a Rule to go by, and leave every man to be his own Judge? I do ask any ingenuous man, whether it be not the same thing to follow our own Phancy or to interpret the Scripture by it? I would have any man shew me, where the power of deciding matters of Faith is given to every particular man. Christ left his power to his Church even to forgive sins in Heaven, and left his Spirit with them, which they exercised after his Resurrection: First by his Apostles


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in these Creeds, and many years after by the Council at Nice, where that Creed was made that is called by that name, and by the power which they had received from Christ, they were the Judges even of the Scripture itself many years after the Apostles, which Books were Canonical and which were not. And if they had this power then, I desire to know how they came to lose it, and by what Authority men separate themselves from that Church? The only pretence I ever heard of, was, because the Church has failed in wresting and interpreting the Scripture contrary to the true sence and meaning of it, and that they have imposed Articles of Faith upon us,. which are not to be warranted by Gods word. I do desire to know who is to be Judge of that, whether the whole Church, the Succession whereof has continued to this day without interruption, or particular men who have raised Schisms for their own advantage? " (765) The se~ond Paper is as follows: " It is a sad thing to consider what a world of Heresies are crept into this Nation; Every man thinks himself as competent a Judge of the Scriptures as the very Apostles themselves; and 'tis no wonder that it should be so, since that part of the Nation, which looks most like a Church, dares not bring the true Arguments against the other Sects, for fear they should be turned against themselves, and confuted by their own Arguments. The Church of England (as 'tis called) would fain have it thought, that they are the Judges in matter Spiritual, and yet dare not say positively that there is no Appeal from them; for either they must say, that they are Infallible (which they cannot pretend to) or confess that what they decide in matters of Conscience, is no further to be followed, then it agrees with every mans private judgment. If Christ did leave a Church here upon Earth, and we were all once of that Church, how? and by what Authority, did we separate from that Church? If the power of Interpreting of Scripture be in every mans brain, what need have we of a Church or Church-men? To what purpose did our Saviour, after he had given his Apostles power to Bind and Loose in Heaven and Earth, add to it, that he would be with them even to the End of the World? These words were not spoken Parabolically, or by way of Figure. Christ was then ascending into his Glory, and left his power with his Church even to the End of the World. We have had these hundred years past, the sad effects of denying to the Church that Power in matters Spiritual, without an Appeal. What Country can subsist in peace or quiet, where there is not a Supream Judge from whence there can be no Appeal? Can there be any Justice done where the Offenders are their own Judges, and equal Interpreters of the Law, with those that are appointed to administer Justice? This is our case here in England in matters Spiritual; for the Protestants are not of the Church of England, as 'tis the true Church from which there can be no Appeal; but because the Discipline of that Church is conformable at that present to their fancies, which as soon as it shall contradict or vary from, they are ready to embrace or joyn with the next Congregation of People, whose Discipline and Worship agrees with their opinion at that time; so that according to this Doctrine there is no other Church, nor Interpreter of Scripture but that which lies in every mans giddy brain. I desire to know therefore of every serious considerer of these things, whether the great work of our Salvation ought to depend upon such a Sandy foundation as this? Did Christ ever say to the Civil Magistrate (much less to the People) that he would be with them to the


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End of the World? Or, did he give them the power to forgive Sins? St Paul tells the Corinthians, Ye are Gods Husbandry, Ye are Gods Building; we are Labourers with God; and he concludeth the Chapter with this Verse, For who hath known the mind of the Lord that he may instruct him? But we have the mind of Christ. Now if we do but consider in humane probability and reason, the powers Christ leaves to his Church in the Gospel, and St Paul explains so distinctly afterwards, we cannot think that our Saviour said all these things to no purpose; And pray consider on the other side, that those, who resist the truth, will not submit to his Church, draw their Arguments from Implications, and far fetch'd Interpretations, at the same time that they deny plain and positive words; which is so great a Disingenuity, that 'tis not almost to be thought that they can believe themselves. Is there any other foundation of the Protestant Church, but that if the Civil Magistrate please, he may call such of the Clergy as he thinks fit for his turn at the time; and turn the Church either to Presbytery, Independency, or indeed what he pleases? This was the way of our pretended Reformation here in England; and by the same Rule and Authority it may be altered into as many more Shapes and Forms as there are Fancies in mens heads." (766) Thus wrote the Prince of glorious memory. It is plain, therefore, that his desire to embrace the Catholic faith did not come upon him after his last paroxysm, since he had thought about the matter seriously beforehand, and after careful consideration of everything had made up his mind that communion with the Roman Catholic Church is necessary if one is to obtain salvation. That these documents were written by Charles's own hand and discovered in his writingdesk, ] ames, his successor in the royal dignity, has deigned to testify with his own signature. In order to place this truth still further beyond dispute, ] ames showed the originals themselves to five Protestant pseudo-Bishops (to whom Charles's handwriting was very familiar), so that the truth should be evident first to them and through them to others. Nevertheless, some people dared to reckon them as libellous pamphlets, though not openly. There appeared not very long afterwards a Reply published by some anonymous ministers who attempted to refute Charles's clear reasons with wretched and trifling objections. Two Catholics, one a layman and the other a priest, answered this Reply so effectively that the ministers gave up the contest. (767) Shortly before his death, when he had already been received into the bosom of the Church, Charles had decided for the sake of his salvation to make an oral profession in public of the Faith, which in his heart he had believed unto justification. But the nobles who were with him did not approve, and James did not think it necessary. (768) The following epitaph was written for Charles by Edward Cuffaud, S.]., an old man then in retirement, who with deep emotion summoned up the Muses who had long been strangers to him: " Beneath this marble sleepeth Charles, son of another Charles, the great glory of the British and greatly loved by them. None was of sweeter disposition than he, none more valiant in arms; if conquest was his aim, so was mercy too. His brows deserve the crowns of kindness and of courage-your crowns mighty Gradivus, and yours too, Minerva. Lately you wore the lustre of a triple diadem, but the civic garlands better became your head. 0 how often did you rise above the perils of War and Death! To heaven's


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protection was your safety due. Who can read Charles's history without a tear? Alas, as a boy you were bereft of your father and your kingdom! . . . . . But the wounds of your damaged kingdom must not be chafed, and you are glad that they lie buried in your tomb. But the love of Charles shall not know the urn of death, for Charles's special glory is loyal love. Now your wife and brother cherish your love, for to both are your monuments dear. Too soon were you snatched from us; far in the future should you have mounted the regions of the sky, in old age. But though too soon Death curved her bow against you, she did not come in grim or fearsome form. Death came to you gently, the doorway to a better life. The day of your death was one to be marked in white. As many a time Charles deemed trespasses should be forgiven, the judgement of Christ has been kinder to him. Because so often thou didst lovingly embrace thine enemies, Christ himself now cherishes you in His bosom. These are the examples you leave to great kings as you die-examples to be admired indeed, yet scarcely to be imitated. You die, ah! you who were ~ore worthy to surpass the years of Nestor! You die, great glory of the Heroic Band. Beloved ever to the powers above, to your brother and your spouse, still is your people lamenting your passing." (Translation.) (769) J AMES SUCCEEDS AS KING. James ascended the throne left vacant by Charles's death, and succeeded to his ancestral kingdom, which belonged to him by hereditary right. Nobody gainsaid him; all outwardly applauded him. Summoning all the Peers to his presence, he declared to them that he intended to assert the just rights and prerogatives of the Crown, but without invading any man's property; he was well disposed to the Church of England (though not himself in communion with it) and would always take care to defend and support it, because it had defended the monarchy in difficult times; he coveted no power beyond what was granted him by Law, whatever might have been said to the contrary by certain people, who had wickedly calumniated him in this as in other matters, saying that he was a man for arbitrary power. (770) Parliaments were summoned both in England and in Scotland. While in both kingdoms all minds were concentrated upon their proceedings, Monmouth and Argyll, lurking in Holland, were not idle. Argyll, who had been condemned by public sentence, had no hope of returning to his country except by forcing an entrance with the sword; nor had Monmouth much hope, for he had enquired of James, either by letter or through friends, as to whether he would take it in good part if he should return, and James had replied that Monmouth would suffer no harm if he remained outside English territory: at the same time he warned him not to be so rash as to return. So both Argyll and Monmouth, wearied by exile and loneliness, encouraged by the considerable number of friends whom they had in both kingdoms, and misled by their own ambition as well, prepared their armament with great secrecy, so that it should be seen by Charles with his own eyes before any rumour of it reached him. (771) ARGYLL IN SCOTLAND. Each of the two made ready a little fleet of three ships and set sail from Amsterdam. Argyll left first for Scotland, and then Monmouth for England. They sailed to places far apart in order to divide James's forces and counsels. Argyll, after failing to provoke the Orkneys to rebellion (they are islands


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situated to the north, where Scotland faces Norway), sailed to the Hebrides, islands which lie to the west of Scotland between the mainland and Ireland; there he disembarked and won a few supporters by violence and intimidation. Setting sail from there, he approached the western coast of Scotland, disembarked his little force, and without meeting opposition took possession of a strong-point which was fortified by nature but not by human skill . He then sent letters to his friends and dependants inviting them to join him in arms against James Stuart (he did not deem the King worthy of any other name), and holding out large promises to them . He also sent about messengers carrying flaming brands on their pikes according to the ancient custom of that nation, to threaten with fire and sword whoever did not come to his support. In this way he raised about 3,000 men. But as the food supplies at the sea-coast were giving out, he was forced to move his camp: at once he was surrounded by the King's troops, which poured in from all sides. As his own men were slipping away, he deserted his tiny force and, hoping to save himself by flight, dressed himself as a peasant for concealment. But he was captured by a peasant and taken to Edinburgh, where, without being tried (because at an earlier date sentence of death had been duly passed on him), he was punished for his treason by the executioner's axe. (772) Rumbold, in whose house, as we described above, an ambush was laid for the royal brothers, followed Argyll to Scotland. While fighting most gallantly he received what seemed to be a fatal wound and was captured. The noose cast about his neck by the hangman's hand wrung from him what life remained . (773) MONMOUTH IN ENGLAND. Monmouth sailed to the southwest coast of England and disembarked his small force (it consisted of 150 men) at a port called Lyme in the county of Dorset. After waiting a short while for his men to recover from their sea-sickness, he marched inland. In a paper which he printed he declares himself the true King and the legitimate offspring of Charles II, calls James an intruder, a tyrant, a Papist etc., offers a reward of ÂŁ5,000 for James's head, and, as Parliament was on James's side, threatens it too with destruction. His youth made him high-spirited, and he was without experience of the common lot of mankind and the vicissitudes of human existence. In order to impose upon the people, he had had three Bibles painted on his standards, and he promised to exterminate the Papists, confiscate their property and give it to true Protestants. But no trace of the Gospel or of common human decency showed itself in his own life or in that of his soldiers. He allowed his soldiers to plunder whatever came their way without any distinction between things profane and sacred. No man was spared by their violence, no property by their avarice, no chaste woman by their unbridled lust. Utterly enslaved to his lust himself, he encouraged others by his example to take the way of perdition by violently assaulting virgins who had fled into the churches as places of safe refuge. As he led about his army, thus weakened by its vices, he was shut out of the greater towns by James's vigilance, and ranged through the smaller ones, using up in a very short time money and supplies which should have sufficed for a long campaign. For this reason he was compelled to fight a battle. (774) His army numbered about 8,000 men. He had placed Grey in command of his cavalry and Holmes in command of the infantry. Grey was without experience of warfare, but Holmes was a veteran


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soldier who had distinguished himself in many campaigns and had always been hostile to kings. In the royal camps such was the unconcern that the enemy might not have existed. The military commanders had betaken themselves to a town nearby, and were there sound asleep; there were no runners on the public highways and no scouts anywhere; very few soldiers were on guard, when suddenly, at about midnight, Monmouth appeared full of eagerness to join with the foe. The royalists in the camp seized their arms, and a battle ensued. It lasted for about three hours, with great ferocity on both sides. But in its early stages Grey had withdrawn and taken with him all the cavalry in flight. The infantry, after losses amounting to about 3,000 men, was likewise routed and put to flight. Holmes, after losing an arm, was captured while still fighting. Grey was captured on the following day disguised as a shepherd, and two days later Monmouth was discovered alone among brambles in the dress of a peasant, and was taken prisoner. When he fell into the royalists' hands his first words were" Give me something to eat; I am starving." James decreed that thanks be rendered to God-as was but just, for by that victory the whole kingdom was pacified, whereas if Monmouth had left the battlefield victorious, or had even merely held his own, he would have won over most non-Catholics to his cause by means of the bait of religion; such is the general opinion of most people even now. (775) Grey was pardoned for his treason . Whether he earned this favour by his flight from the battle or by betraying his cause is uncertain. Monmouth tried in vain to obtain pardon by a humble confession of his crimes, by feigning penitence, and by pretending to embrace the Catholic religion. He paid the penalty for his treason by the sixth blow of the executioner's axe. At the place of execution he admitted that he was born out of lawful wedlock. He also stated that he had never been linked by the bond of marriage to Lady Monmouth, for he had never consented to marry her, although out of reverence for his father Charles, who so ordered, he had pretended in foro externo to have married her; and so the two male children whom she had born him were illegitimate. He had contracted a true marriage, he said, with Lady Wentworth, and he sent her some small gifts from the scaffold as tokens of his deathless love. About religion he said so little, that he seems to have had no sense of it at all. Holmes was taken to London, and when submitted to examination admitted that his will was set against all monarchs in general. Asked why then had he fought for Monmouth, who was posing as a monarch, he replied that the revolutionaries had decided to depose him too, when they had won victory. This proved what foolish counsels Monmouth had followed in being seduced from his loyalty to two excellent kings, his father and his uncle, when through their kindness he could have lived in the midst of all honours which are compatible with the condition of a subject; but in trying to rise above his lot he preferred to put himself in the power of men from whom he could expect nothing but certain exile. James, seeing from the example of his father and brother that kind treatment only made the Faction worse, and that therefore to restrain his mercy was itself a kind of mercy, secured the punishment of many. (776) STAFFORD'S INNOCENCE IS RECOGNISED. Stafford's case was heard a second time in Parliament, and the Upper Chamber, which had passed sentence upon him, declared its own sentence nuU and void,


E GUSH PERSE UTION

F

. THOLl S

and fully restored the honour of his sons and his whole family, who had suffered disgrace by his condemnation. (777) OATES IS ACCUSED OF PERJURY. Oates was in prison for his slander against York (he had said that he was the most wicked of men, and that if any place is hotter than the rest in Hell, it would be reserved for York). A fine of ÂŁ50,000 had, as we have said, been imposed on him, not because he was capable of paying it, but to prevent his securing bail and being set free again; for it was thought impossible that men would be found to give guarantees for such a sum. The non-Catholics strove with all their might to save him from being charged with perjury. They said that the verdicts given in capital cases should be final and definitive; no opportunity should be given for appeal from them or for revision of them, else there would be no end of litigation . This was especially so in the present case, they said, where so many verdicts had been given, all concordant with one another. I t was not only Oates who was on trial (though that was bad enough), but the juries, judges, Parliaments, Privy Council, Charles himself, and the true Protestant Religion: the good repute of all these was being assailed through the charge against Oates; their honour could not stand if he were condemned . The Papists would soon be triumphing over th Reformation. They had formerly claimed that the Reformers had expelled Divine Faith; now they would claim that they had given up human trustworthiness. How could the ministers, who had commended Oates's words as oracles from heaven, look their congregations in the face if their oracles were now declared false? The charge of perjury should have been brought earlier, in order to avert all the evils to which the false oaths had given birth; now it could have no effect, even though conclusively proved. Hence no good could be hoped from the charge, apart from the taking of vengeance upon Oates. (778) Lestrange replied that it had been impossible to arrange the action at the outset, because the wickedness of the witnesses was not established, and because they were speaking of events which occurred in places far apart from one another : there had, moreover, been no hope that an honest jury would be empanelled, and the outcome of the case would of course depend on the honesty of the jury. Nobody had been suffered to give evidence against the King's witnesses with impunity; instead, they had been immediately charged with the same crimes and summoned to stand trial for their lives. An overpowering Faction, which had shaken the very foundations of the constitution, had stood in the way. The honour of the courts was safe; they were composed of fallible m en, who could be imposed upon by the wicked, and who were obliged to give their verdict according to the evidence and the proofs set before them. It would be a reproach to them if they" detained the truth in injustice" and overwhelmed the good repute of any man, even of a Papist, as it rose again after being cast down by calumnies. It was not imputed as a fault to the Court of Rouen that after finding a man guilty on a charge of murder and executing him, when later the true murderer was discovered they declared the convicted man innocent, gave him burial, and honoured his grave with a monument. It would be too great an enticement to the wicked if they knew that once they had imposed on a court they could not be called to account for their perjuries, for this would give them the certainty of impunity. To err was human, but to persist in enor diabolic. The Papists were constantly asserting their innocence:


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there was no means of silencing them but a sincere, strict and public enquiry. By this means Oates's accusations would be confirmed, if they were true; otherwise there was no reason why they should be defended, and it was right that they should be shewn up for what they were. But the most weighty consideration was that by no other means was it possible to put an end to the disturbances which had been upsetting England for the last six years. (779) It was therefore decided to charge Oates with his perjuries. The day appointed was 6th February, but as Charles died on that very day, the trial was deferred to the 8th and 9th of May, On those days the two principal heads of accusation were discussed-first, had he been present at the Jesuits' Congregation held in London on 24th April 1678? And secondly, had he consulted with Ireland from the 8th to the 12th of September of the same year about assassinating Charles? When the case had been formally opened, more than twenty witnesses were produced against Oates, many of them illustrious by their birth, and all by the innocence and blamelessness of their lives: one of them was a minister of the Reformed Church. They unanimously deposed that Oates had arrived at St. Omers before Christmas in A.D . 1678, and that he had stayed there continuously until 23rd June of the following year with the exception of one night, which he spent at Watten. And they showed by various records concerning Oates and others that throughout the months of April and May he had not been away from St. Omers. (780) Then the witnesses whom Oates cited in his defence were given a hearing; but it was observed that some contradicted Oates himself, while others made mistakes about the month and others about the year, and that some had been induced to give evidence by threats and promises. When given the opportunity to defend himself, Oates made two allegations-first, that his depositions had been accepted as true by various tribunals, four Parliaments, the King and his ministers; and secondly, that his accusers were Papists who had not the right to give evidence, since they believed that lies and false oaths are permissible. (781) The trial lasted eleven solid hours. Oates's defence was deemed futile, since it was no extraordinary thing for cases decided iIi one court to be subjected to examination a second time without any reflection upon the previous court, and no law had declared the Papists ' incapable of giving evidence . So the jury declared him guilty of perjury. On the following day he was accused under the other head. The prosecution called more than forty witnesses, mostly Protestants, who swore that Ireland had been absent from London from 4th August to 14th September 1678, and had been living in a remote part of England. On this day Oates cited no witnesses, but cried out with his usual effrontery that not he alone but the whole Reformed Religion was on trial, and that the two cases were so linked and interconnected that one could not be condemned without the other. He sharply upbraided the jury and judges with being prejudiced against him, and he did not spare the magistrates-not even, on occasion, the very highest of them. His defence was heard with universal indignation. So the jury immediately gave the verdict in favour of the prosecution. It was welcomed with much applause by the spectators. The sentence passed upon him was as follows: let him be stript of all his canonical habits, whipped on two occasions, exposed three times with his neck and hands


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in the pillory, and with a paper over his head bearing the charge against him in capital letters, PERjURY; let this punishment be repeated twice each year, on 24th April and 3rd September; and let him remain a close prisoner as long as he lives (Translation). (782) This notorious impostor dared, while he was being put in the pillory, to say that" along with him four Parliaments, Charles, and the whole Protestant Religion were being made a laughing-stock." (783) THE CATHOLICS ARE CLEARED OF GODFREY'S MURDER. There remained one charge against the Catholics, namely that of murdering Godfrey. Among others a certain Vernatti was accused of this crime. He was out of England throughout almost the whole period of the Persecution-not because he had a guilty conscience (he was innocent), but because he had learnt from others' example that, times being such as they were, there was no security in innocence, however manifest. But now, when he saw that justice had been restored to the courts, he gave himself into custody and brought a charge of perjury against Prance, who had accused him. Prance promised on bail to appear, but lacking confidence in his case, on the day when the case was to be heard he :fled abroad secretly to the rebels' usual sanctuary. His absence did not cause a postponement of the trial. At it Vernatti proved by many witnesses, who were all above exception, that at the time when the murder was committed he had been living far awayin Belgium, if I am not mistaken. Thus it was established that he could not be guilty of the crime . A verdict of Not Guilty was given, and Vernatti was declared innocent. (784) PRANCE IS FOUND GUILTY OF PERJURY. Prance, impelled either by love of his native country or of his kinsfolk, or else by want of the means of support, or by pangs of conscience, returned to England to implore james's clemency, and gave himself up into captivity. Under examination before the Royal Council he admitted that all his charges against the Catholics were false; that in making them he had gone against truth, justice and his own conscience (for which he grieved); and that he had done so at the instigation of Shaftesbury, Buckingham and others. He was then imprisoned, to answer a charge of perjury at a later date. On the appointed day he admitted before the tribunal that he was guilty of the perjury with which he was charged, and implored the judges' clemency. They passed the following sentence against him: let him be led through all the courts of Westminster, with a paper over his head bearing the charge against him in capital letters, PERjURY; let him be exposed three times in the pillory in different parts of the city; let him be whipped once from Newgate Gaol to Tyburn crossroads; let him pay a fine of ÂŁ500 to the King; and let him remain a prisoner until he has paid (Translation). But by james's favour the whipping was remitted. It was realised afterwards that the Faction were so infuriated by his frank confession of his perjury that if he had been beaten he would hardly have returned to the prison alive. (785) Thus, little by little, the storm-clouds of calumny were dispersed; the innocence of the Catholics, all and singular, shone out conspicuous in a brilliant light, as God, the Source of Truth, Who had allowed them all to feel the weight of perjury and many of them to be overwhelmed beneath it (that He might raise them to heaven to receive the rewards promised to those who suffer for justice and truth), gradually revealed their innocence, proved it to the eyes of the whole


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world, and manifested at the same time the utter wickedness of those private citizens and public office-holders who had raised up that storm and directed it against their chosen victims. (786) Two EMBASSIES TO ROME. When affairs within his kingdom had been peacefully settled and now flourished harmoniously, James's next concern was to reunite, as a body to its head, his dominions to the Holy Apostolic See and to Christ's vicar upon earth, from whom, a century and a half before, heresy had violently torn them asunder. To explore the way, he sent to Rome in A .D. 1685 John Caryll, a man distinguished for his illustrious birth, his wealth, the nobility of his character and his constancy in the Catholic faith. After successfully completing his mission he was recalled, and returned with the most Illustrious and Reverend Doctor John Leyburn, Bishop of Adrametum, who was to take charge of the Church's affairs with Apostolic authority. Caryll was succeeded by Roger Palmer, Earl of Castlemaine, famous both for the books which he had published on behalf of religion and for his sufferings in the late persecution. He was appointed with the title of Extraordinary Ambassador, to make profession, in due form, of canonical obedience in the name of J ames and all his Catholic su bjects. (787) END OF THIS HISTORY. This marked the end of the terrible persecution. It was an end contrary to all expectation, preordained by God alone from eternity and brought about in time by the secret workings of His hand . His enemies were cast down into the pit they had dug; by their own downfall they put out the fire which they had themselves started. In consequence, many of those who had been ill-disposed towards the Catholic Church began to look towards her. " This is the Lord's doing: and it is wonderful in our eyes" (Ps. 117, 23).


APPENDIX I NOTES PREFIXED TO THE (A' TEXT (E.M. MS. Har!' 880) [f. 3] Several of our fathers out of England passing by this place, for Gand, prest the necessity of the work, and hinted at me, as the fittest man to undertake it. !idem in ipsam congregationem iterum ferventissime urserunt; sed sine fructu : nam P. Provincialis, et varii ipsi intimi Amici (P. Ant. Lucas) censuerunt expectandum donee historia iUa ab aliquo Laico (Comite de Castlemaine vel Rogerio Lestrangio) Anglice conscriberetur : atque deinde a quopiam e Societate Latine reddatur. Hinc nihil illic conc1usum. Reducem me Gandavo Redux et ipse P. Carolus Pultonus aggressus est, ut modestiam meam, qua me Provinciae illi imparem causabar, impugnaret: tandemque evicit ut meam operam addicerem, modo et rerum gestarum series, et necessarii sumptus aliunde, nimirum ex communibus facultatibus suppeditarentur. Utrumque in se suscepit et operam suam prolixe addixit. Monui insuper, efficiendum, ne onus regirninis collegii Audomarensis mihi injunctum, per se grave, frequenti officialium bonorum amotione et aliorum plerumque ineptorum substitutione, gravius fiat. Visus ei sum in hoc non injusta petere : seque promisit Londino scripturum, et ad R.P.N . et ad alios, quorum intererat. Die 28 Julii, 1685. Epistolam accepi a R.P.N. 7 ejusdem datam, in qua haec verba continentur: Nunc ego R. V. studium mihi propri e deposco: quo rem longe gratissimam faciet mihi, Societati, et Provinciae isti Anglicanae, in cujus gloriam redundabit opera ipsius. Peto autem ut succisivis horis, et quasi per otium suscipiat cur am scribendae totius H ystoriae confictae conspirationis in Anglia, et caedis PP. nostorum . ... SerV1:et hic R. V. labor et glorÂŁae nostrorum ut dixi, et maxime opportunus aliquando erit hystoriae Societatis. His acceptis mandatis die sequenti 29 Julii ad P. Tho. Stapletonum Collegii Leodiensis Rectorem (cui a sex annis id oneris injunxeram) scripsi rogatum, ut quae ad id parata haberet, mecum communicare non gravaretur. Petii porro in specie 1, quae vulgata fuerunt hac de re opuscula, 2, scripta P. Gulielmi Parkeri, sive Culcheth . qui Hystoriam adornabat, +[at top of page] Praefationi futurae utiJia erunt, quae habet Gu1. Parker ubi Gu1. Plessingtoni absolvit hystoriam+ 3, aliorum scripta eo pertinentia: quae sive a me. sive ab aliis obtinuerat, 4, Suas ipsius observationes. Et addixi me grati anirni sensum data occasione testaturum. 5, Celleriae opus gallice editum.


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523

Littera montensis prima Germanice edita, cum Appendice qua in Hollandos totius Tragoediae invidia derivatur a quodam Principe Germano. [f. av.] Eodem die 29 Julii Librum istum mihi quaeslvl, III quo res describerem huc facientes. Deus adsit, et Beata Vhgo, Sancti quoque Angeli Anglici Regni tutelares; necnon Beati Martyres, quos ista saevissima Persecutio mundo ereptos caelo transcripsit. Die 31 Julii scribo ad P.N. eique significo me Provinciam hystoriae scribendae injunctam acceptare: rogare tamen ut onus collegii per se grave, accedente necessaria reparatione gravius, intollerabile non reddatur officialium mutatione. Ad P. Assistentem. Deo gratiae agendae, quod Regem nostrum adeo juverit, qui intra sex menses, exhaustum Aerarium supplevit, armamentaria inventa vacua replevit, classem instruxit, duorum regnorum comitiis ita moderatus est, ut quidquid sperare posset aut optare ultro concederent: seditiosam plebem compescuit, duos perduellium exercitus fuderit, fugaritque; eorum Duces vel in praelio ceciderit, vel supplicio affecerit. Pacem stabilierit, alienatosque a se cunctorum animos sibi devinxerit. Aug. 7. P. Provincialis venit huc nihil audivisse videtur de imposita mihi Provincia scribendi hystoriam istam. Ei dixi me nihil efficere, nisi amentatae hastae mihi subministrentur, et expensae necessariae ex publico ' fiant. Visus est utrumque approbare: expensas tamen dixit ex omnium voluntaria collatitia pecunia solvendas. Hoc rnihi et invidia plenum, et minus efficax futurum visum est, et praeterea hac ratione alia videbam traducendas eleemosinas nostrae reparationi necessarias: minus enim alacriter nobis succursuros praevidi, qui si quid superesset in nostros usus impendissent. Atque idipsum P. Provinciali retuli. Simulque dixi me, cum Provincialis essem, libros imprimi curasse meis impensis, sive a me forent, sive ab aliis compositi. ldipsum dixi P. Gulielmo Monfordo: qui promisit data opportunitate se eorum fore memorem. Sed nihil ab iis factum iri certe credo. Septem. II. Litteras accepi 10. Aug. datas ab P. Pultone, atque Inglebyo. Uterque ad opus animat, sed neuter obolum offert. 16 ejusdem Sept. epistolas accepi a P. Stapletono, 8 ejusdem datas, quibus docet scripta rnihi necessaria parata, ut huc mittantur. Addit quaedam ad D. Castlemaine pertinere, quae dispergi, aut cum aliis misceri non debent. 20 Sept. litteras accepi a PP. Pultono et Ingolbaeo, qui mihi omnia secunda pollicentur. Faxit Deus fidem praestent. Eadem confirm at P. Ingle: litteris 10 Sept. datis, 27 acceptis. 2 Oct. Leodio arcam accepi cum scriptis et typis vulgatis libris Hystoriam me am spectantibus. 21 Oct. finem libro 10 imposui. 'Nov. II. finem 2. libro iinpono.


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4J

18 Nov. ad me perlatus Florus Bavaricus. In cujus 2am partem effudit P. Stapletonus quidquid septennii labore congesLoci tamen plus quam satis(?) pro privilegio relictum. serat. 25 Dec. 1685. Tertio libro finem impono. 23 Maii 1686 finem impono libro 60 et 7 incipio. 8 Octobris 1686 incipio exscribere hystoriam istam. 17 Jan. 1687 totum librum absolvo. 22 Jan. singulis libris praefigenda argumenta compono.

*

Rev d

sr

[Bound up with the 'A' text and foliated as f. 1 there is the following letter.] Ormond house ye 21 of Ap [? 1689]

The Bearer hereof is owner of the Manuscript I left wth you: w eh you may wth safety deliver to him I am [Endorsed] yr Oblig'd humble Servt For The Rev d Dr Tennison John Hartstonge., These. [Also on the endorsement are the following miscellaneous notes, in the hand of Tennison. The numbers refer to the foliation of the 'A' text.] Remarks noted Conc ye History to laude que vicit etc. Clarendonius qualis 14 Danbeius qualis do. Rogerius Lestr. 57. Caroli Mors 147 Duplex legatio Roma 153 de Pultono et Inglebeo APPENDIX I

(TRANSLATION)

NOTES PREFIXED TO THE 'A' TEXT Several of our Fathers out of England passing by this place, for Ghent, pressed the necessity of the work, and hinted at me as the fittest man to undertake it. They also pressed the same suggestion with great vigour at the Congregation itself, but without effect, because Father Provincial and various of his close friends (Fr. Ant. Lucas) were in favour of waiting until a History was written in English by some layman (the Earl of Castlemaine, or Roger Lestrange); this could then be put into Latin by some member of the Society. So nothing was decided at the Congregation. After my return from Ghent, Father Charles Pulton, who had also come from there, approached me

*

This is the first authoritative ascription of Florus Anglo-Bavaricus, part II, to Fr. Stapleton. Foley ascribes the work as a whole to Fr. John Keynes, S.]. , Hartstonge was chaplain to the Duke of Ormond, and subsequently appointed Bishop of Ossory.


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to upbraid my modesty in excusing myself as unequal to the task. At length he persuaded me to promise that I would do the work, provided the materials of the history and the necessary expenses were provided from some other source-namely, from common funds. He undertook to provide both, and was profuse in promises of assistance. I also warned him that he must see to it that the task of ruling the College of St. Omers, which had been assigned to me-a task heavy enough in itself-would not be made still heavier by the frequent removal of efficient members of the staff and the substitution of others who were for the most part inept. This petition of mine seemed to him not unreasonable, and he promised to write from London to Father General and others who were concerned. On 28th july 1685 I received a letter from Father General dated 7th july, containing the following words: "Now I myself entreat your reverence's Q.iligence on my own account; you will do a thing extremely pleasing to me and the Society and to the English Province, to the glory of which the work will redound. I ask you to undertake the task of writing, in your spare time and leisure hours, the whole history of the Pretended Plot in England and of the execution of our Fathers . .. Your Reverence's work will, as I have said, serve the honour of our Society, and will be of great value one day to historians of the Society." After receiving these instructions, I wrote on the following day, 29th july, to Father Thomas Stapleton, Rector of the College of Liege (to whom I had assigned that task six years previously), to ask him to be so kind as to pass on to me whatever he had ready for the purpose. r asked in particular for: 1. Short printed tracts relevant to the subject. 2. The accounts written by Father William Parker, alias Cu1cheth, who was preparing a history. [At top of page: What W. Parker has will be useful for the Preface-not yet written-when he has finished the history of W. Plessington.] 3. Other relevant documents, both those received from myself and those from others. 4. His own observations. I promised to express my gratitude as occasion offered. 5. The French edition of Mrs. Cellier's book. 6. The German edition of the First Letter from Mons, with the Appendix in which a certain German Prince assigns the whole blame for the tragedy to the Dutch. Also on 29th July I obtained this book, in which to write down the material for my purpose. May God assist me, and the Blessed Virgin, as also the Holy Angels who are Guardians of the Kingdom of England, and the Blessed Martyrs whom this savage persecution snatched from this world and transferred to heaven. On 31st july I write to the General, informing him that I accept the task assigned me of writing the History, and asking him at the same time not to make the burden of ruling the College, which is heavier than usual on account of necessary repairs, quite unbearable by changes in the staff. To Father Assistant: We must render thanks to God for giving such assistance to our King. Within six months he has replenished the exhausted Treasury, has refurnished the arsenals which he found empty, has equipped a fleet, has so controlled the Parliaments of the


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APPENDIX I

two Kingdoms that they have voluntarily granted him all that h e could hope or wish, has quietened the seditious populace, vanquished and routed two armies of rebels, killed in battle or otherwise punished their leaders, established a firm peace, and secured for himself the goodwill of all who were disaffected towards him. August 7th. Father Provincial came here. It seems that he has heard nothing of the task assigned me of writing this history. I told him that I could do nothing unless weapons were given me, and unless the necessary expenses were met from common funds. He seemed to approve of both these conditions; yet he said that the expenses must be paid with money raised by voluntary collection. This seemed to me a very invidious procedure, and probably less effective; and besides I saw that alms needed for our repairs would by this means be diverted elsewhere; for I knew that people would be less prompt to aid us if we spent for our purposes any money that might be left over. I reported this to Father Provincial. At the same time I said that in the days when I was Provincial I had had books published at my expense, whether they had been composed by myself or by others. I also told this to Father William Monford, who promised to bear it in mind at the proper time. But I am quite sure that nothing will be done by them. September 11th. I received letters, dated 10th August, from Fathers Pulton and Ingleby. Both give encouragement, but neither offers a penny. September 16th. I received a letter from Father Stapleton, dated 8th September, in which he says that the documents which I need are ready to be sent here. He adds that some belong to the Earl of Castlemaine, and so must be kept together and not mixed with the rest. September 20th. I received letters from Fathers Pulton and Ingleby, who promise me that all will be well. Please God they will keep their word. Father Ingelby repeats the same assurances in a letter dated 10th September and received on the 27th. October 2nd. I received from Liege a box containing papers and books for my History. October 21st. I complete Book I. November 11th. I complete Book II. November 18th. I received a copy of Florus Bavaricus, into the second part of which Father Stapleton had poured forth all that he had collected in seven years of work. But there remains more than sufficient room for a privilege (permission to publish ?). December 25th, 1685. I complete Book III. May 23rd, 1686. I complete Book VI, and begin VII. October 8th, 1686. I begin to write out this History. January 17th, 1687. I complete the whole Book. January 22nd. I compose lists of contents to be placed at the head of each Book.


APPENDIX II HOW LONG WAS SERGEANT UNDER GOVERNMENT PROTECTION? The document reprinted below exists among the Tanner papers in the Bodleian, and is written in the holograph of Peter Walsh, the Irish Remonstrant. After including the names of certain of the Irish Remonstrant clergy, the document goes on to list, as suitable for government protection, several English priests, including John Sergeant and Lionel Anderson, O.P. It is well known that Walsh himself was protected, and was in fact a pensioner of the Bishop of Winchester. Furthermore, Fr. Lionel Anderson, O.P., revealed at his trial that he had . been under protection from the government since 1671. The terms of that protection, he claimed, included the proviso that he should not leave the country. Now there is an identical proviso in the terms of Walsh's document. Also, the date fits in with the approximate date from which we know Walsh was protected and pensioned. Although Sergeant may still have his defenders to-day, there are few Catholic historians who would be disposed to defend the activities of the Irish Remonstrant clergy. This document certainly indicates that there was a group, albeit smaller, of English Catholic clergy with similar aspirations. [Bodleian: MS. Tanner 290, f. 213J In the handwriting of Peter Walsh. Endorsed:" The contents of the Protection which Peter Walsh desires from His Majesty for himself and his friends; and the forme ... ." [about four words bound into the volumeJ.

Whereas it hath been made to appeare unto Us in Council, That Peter Walsh, Francis Coppinger, Antony Gearnon, Thomas Harold, John Reynolds, John FitzGerald, James Caverley, Matthew Duff and several others of the Roman Catholick Ecclesiastics our Native Subiects who subscribed a Remonstrance of indispensable Allegiance and obedience to Us in all temporal things and constantly against many opposits defend and promote the loyal and Christian doctrin thereof amongst all other Catholicks have therefore been continually molested and manifoldly persequuted these nine years past, but more especially and grievously these two last years by others of their own Church, and as weI by deprivations of their former respective offices as by citations also, excommunications, and even publick affixions of some of them as of +and for+ excommunicated persons, and + this + onely for not departing out of our Dominions, and not appearing at Rome, Bruxells, Mechlin, or Madrid upon such illegal summons proceeding from a forreign iurisdiction. " And whereas the consequents of such inconsiderat bodness [? boldness] against persons known to be our natural Subjects It

*

* All italicized words are as in original.

N


528

APPENDIX II

and withall so principled and for having been and being still so principled +and so declared+ in their loyalty to Us and our Crown, in pursuance of their former loyal carriage of themselves towards our Father of glorious memory and His and our Lieutenant in Ireland in the fatal Controversies and Concussions of that Kingdome by the Pope's Nuncio Rinuccini and His adherents, if not prevented by our special regard to protect them from their malicious persequutors and distinguish between them and others of their function and Church not so rightly principled or att all declared on the point as they, may att so~e little Farther +running+ neglect prove dangerous and remedyless. « And whereas also Henry Palgrave, Lyonel Anderson, John Caen, Igna ti us Young, and John Sergeant, E cclesiasticks of the same Church and our native subiects, are likewise represented unto Us as loyal persons entirely of the same principle with the former in point of the Doctrine of indispensable Allegiance as due to Us by all laws divine and humane, and consequently on that +sole+ account obnoxious to the like insupportable and all other vile unworthy attempts hereafter from ill principled and ill affected persons of their own Church or Clergy thereof. « Therefore (and for the encouragement also of all other fearefull +but honest+ Ecclesiasticks of that Religion to declare themselves openly for the same necessary Christian Doctrin, and to serve and observe us and our crown heerafter accordingly with all faith full candour and hearty obedience, and that none of them may be any more wrought upon by any wicked arguments either of feare or of favour, or flattery or other hopes or perswasions from any side, against their duty to Us our crown and laws) We declare our Royal pleasure to be « First and accordingly We doe by these presents strictly command the sayd Peter Walsh and all and every other the above named or specified persons of the loyal principle that upon no account whatsoever he or they or any of them depart out of our Dominions without our special permission in the case +nor otherwise obey any summons, censures, declaration, or other command, decree, or letters patent issued hitherto or to be issued heerafter directly or indirectly against them or any of them by vertue of any forraign authority or pretended authority whatsoever, without our special permission in the case. + Secondly, That notwithstanding our late Proclamation or any other pretence or thing to the contrary, the execution of all Penal Statutes and of every such whatsoever in force in this Kingdome or in any other of our Kingdoms or Dominions against Priests or other Recusants of the Rom~n Catholick religion or profession be in order to the sayd Peter Walsh and to all and every of the other above said or specified persons of the honest principle, wholly suspended +until+ our further Royal pleasure be known in their special case or cases. And lastly that all officers, civil and mili-


APPENDIX II

529

tary, and all other our subiects whosoever doe take notice heerof; and yeeld entire obedience to all and singular the Premisses, att their peril. Given att our Court, Whitehalle." It is unlikely that this document, with its typically Valesian verbosity, was ratified as an official document in precisely the form in which we have it. But the Privy Council Registers give ample confirmation that protection was operative for Walsh, Palgrave, Anderson, Duff and Sergeant. For, during the first outbreak of the Plot' scare,' proclamations were issued in October 1678 for all Papists to leave London. But the government wished to keep its' protected' priests under adequate control and easily accessible. Therefore, on 19 November, the following order was made:

" It was this day ordered by his Majesty in Council, That Peter Walsh, Henry Palgrave, John ffitzgerald, Lyonell Anderson, and Mattew Duff and everyone of them shall remain confined to their respective Habitations and that they nor any of them do presume to depart from thejr said Habitations, untill his Majesty's Pleasure bee further knowne, as they will answer to ye contrary" (P.R.O., P.c. 2/66, f. 449). Sergeant was probably out of town at the time, but on 21 February 1678/9 he too was ordered to remain confined to his house and" that he doe not presume to depart from the same untill his Majesty's pleasure bee further knowne as he will answer to the contrary" (P.R.O., P.C. 2/67, f. 101). These orders were not in any sense imposed as a penalty for religion, or for suspicion of complicity in the Plot. Oates and Bedlow were confined to Whitehall and St. James's by a similar Privy Council Order of 14 February 1678/9-i.e. a week before that of Sergeant (P.R.O., P.C. 2/67, f. 96). In view of the evidence afforded by these documents there is very strong reason for believing that Sergeant, at least from about 1671 onwards, was under government protection. If this was so, his departures from England after that date must be seen in a very different light from that in which he himself would have us view them (e.g. in The Blatant Beast Muzzled (1691), and in his Literary Life, dated 1700, St. John's College, Cambridge, MS. N 15). Whatever his motive for departure, it could hardly have been the threat of Protestant persecution. A man in Sergeant's position, in government protective custody, could only have left the country with government connivance of some sort. His departure for the Continent in April 1679, to return six months later in a blaze of publicity with a Plot story, is of a suspiciously similar pattern to Bedlow's departure to Bristol and return with one of the first major Plot narratives after Oates. The warrant for Sergeant's return was issued as early as 19 Sept. 1679 (P.R.O., P.C. 2/68, f. 369), and there is plenty of contemporary evidence to show that public opinion had been highly stimulated to expect something of major importance from his disclosures. His petition for an allowance is made to the Council on 7 November 1679 and granted, and a pardon issued, which was renewed at three-monthly intervals till the cessation of the allowance (P.R.O., P.C. 2/68, f. 432 sq.).

*

*

Sergeant's letter in The Blatant Beast Muzzled has recently been reprinted in The Lisbonian, July and December, 1949.


!S30

APPENDIX II

It is interesting to note that the pardon allows him to reside in London, Westminster, Finchampstead, and Swallowfields, co. Berks. Swallowfields was the seat of Henry Hyde, second Earl of Clarendon, who, like his father, interested himself in the question of recusants and the Oath of Allegiance. That Henry Hyde was certainly well acquainted with Peter Walsh is evident from a letter of Hyde to Ormond on Walsh's death (H.M.C. Ormond, N.S., v.). Sergeant's letter to an anonymous Lord, printed in C.S.P.D. 1680/1, p. 115, and partly quoted by Hay, may have been addressed to Hyde. In it, besides offering his services as a spy on the Jesuits and revealing that he was in the confidence of the Bishop of London and the Lord Privy Seal, Sergeant asserts that from severe persecution of the Catholics" it will follow that all the rest [of the Catholic clergy] except some few, will retire out of England, and only the Jesuits will remain." To insinuate in this way that the secular clergy could no longer stand up to the rigours of persecution reveals the mind of a man who had abandoned all respect for the glorious tradition of the secular clergy martyrs from the beginning of penal days. The accumulation of such factual evidence indicates that Sergeant's printed deposition cannot be considered as a momentary lapse. His conduct can only be deplored, and the public production of this kind of evidence against a priest is a painful matter, but there can be little point in trying to minimize the depth of his fall.


APPENDIX III THE LATER CAREER OF JOHN SERGEANT. Sergeant's career as an informer seems to have had but little effect on his position in the Chapter. He took part, as we have seen, in its official acts in 1684 and 1693. Major Hay says that" in 1707 he (Sergeant) was quarrelling with the Chaptermen over some trifling question of organization." The note- and letter-book of Silvester Jenks {B.M. Add. MS. 29612) throws some interesting light on Sergeant's activities in the eighteenth century, and shows him, up to the time of his death, as the leader of a factious minority. The particular quarrel to which I think Major Hay is referring began in 1705, ~nd it was more than " a trifling question of organization." Sergeant was, in fact, trying to make his last bid for power over the affairs of the Chapter. Owing to infirmity, the Dean of the Chapter desired the election of a Subdean to assist him, and to preside at Chapter meetings in his absence. Sergeant opposed this, claiming his right as " the ancientest " member of the Chapter to preside if the Dean were absent. Jenks, in his notebook, recalls the precedent of Dr. Perrot's election as Subdean to Dean Waring in 1675, but notes also" Aug. 9 (1676) Dn Waring died. Aug. 11 Mr Holland was desired to preside as the most antient Canon then present. Aug. 30. He again presided. Dr J. P. [was too modest, it seems, to dispute it with him: or rather deleted] his office ended with the Dean's life" (f. 34). In March 1705/6 Jenks wrote, on behalf of the Dean, to H. Harnage, J. Morgan, T. Yaxley, F. Lovel, S. Rider, and C. Wytham, informing them of the present dispute and answering Sergeant's objections. On 6 April 1706 Jenks wrote to Mr. H. H. (Harnage) describing the subsequent Chapter meeting and defeat of Sergeant:

"We met the 1st. Instant. The votes being read, and the Scrutiny ended, the Dean had 21 votes (besides his own) for a S~bdean: Mr J. S. had only 6 (besides his own) agt. him. Yet all this majority was not sufficient to decide the point. Mr J. S. and four more appealed to the next Genr. Assbly. which seems to me very 'unreasonable; because few things are decided by a greater majority; and if so few opposers are allow'd to appeal when they please, Farewell all Power of Consults." Sergeant, defeated by the votes of his fellow Chaptermen, sought to vindicate himself in print by publishing An Appeal to the General Assembly of the Chapter (Gillow, v, 439). In view of this dangerous threat to their liberty, the Dean and three of the leading Chaptermen (including Jenks himself) despatched the following circular letter to all the brethren of the Chapter, warning them that, unless Sergeant were restrained, they would have to suspend Capitular activities altogether: 11 May 1706 To our Clergy Brethren. ct

Hd Sir, You'l be surpris'd, when you read yS letter, at so urgent an occasion of giving you this trouble; which has been an extraordinary grief to our BBn, who are well wishers to the Chapter. (C


532

APPENDIX III

" Mr J. S. has printed a book in 4 0 of 88 pages, call'd an Appeal, &c.; & [sic] which you will find; 1. That he has discovered the Secreta celanda Capituli, in the chief points, even those of Elections, which by Oath we are oblig'd to conceal. 2. that he endeavours to invalidate the Acts of several Consults, and even of a Gen. Assembly. 3. That he makes very injurious reflections upon Several Members of the Chapter, not sparing the V. Dean himself. " Hence you may conclude, as we do here, that unless a stop be put to these his proceedings, we cannot in prudence go on any further in Capitular affairs, for fear of being expos'd in Print. We could not do less than offer these matters to your serious consideration, as being Y.H.Svts J.P., R.J., J.A., J.B., S.J. "P.S. If you think fit to give your sentiments, having considered the matter, please to direct to Mr N. to be left with Mr Metc[alfeJ, Bookseller, in Drury Lane" (f. 45v.). Evidently some sort of compromise was arrived at, but Sergeant does not seem to have conceded much. On 21 May L706 Jenks wrote o Mr. P. S. [? Singleton]:

If our Dean has dropt three quarters of the Difference; is it not fit J. S. should drop the rest? Must he always have, all he asks? Must he govern us in all things with a Goose-Quill, instead of a Ferula? In his Letter to me, Apr. 24, he says, You will see book upon book, writ to vindicate our rights. In another. May 12, I will write still on, book upon book-And a third, to Dr P. he says, I declare that I will proceed in publishing to the worldand this with such efficacy and weight of Authority, as shall make them very uneasy-and unworthy, by the Canons of the Church, to sit among us. Is not this as much as to tell us, that if we are not good boys, he'll make a huge rod of his pen, and whip us? A man who domineers thus over us, is he worthy to sit among us ? Excu~e the last words; they are verba magistri J. S.: and that's Apology enough" [f. 47v.J. l(


APPENDIX IV THE HATTON PAPERS AND THE POPISH PLOT . Selections from the Hatton papers in the British Museum have already been published for the Camden Society by Sir E. M. Thompson, and for an historical introduction to the Hatton circle in the seventeenth century the reader is referred to that volume. The Hattons evidently had connexions with several Catholics involved in the Plot, the most notable being Richard Langhorne, who had acted as Lord Hatton's lawyer, and many of whose letters are to be found in the collection (a transcript of Langhorne's letters will be found in the scripta of Langhorne in the Westminster Archives). Charles Hatto.n visited Langhorne on 5 July 1679, before the sentence of execution had been confirmed (Lord Hatton himself had prudently retired from London)-

*

" I was with our friend according to your desire. I find some persons cherish him with hopes of escaping with his life and perswade it is probable his condemnation may be exchanged into a banishment. I could not refrain telling him that in my opinion I feared he would not find so much favour as that. He was much disheartened to hear you was gone out of town: said he has sent to advise with some friends what was fitt to be done for his preservation and should have hoped had you been here he might have succeeded. I told him that if there was any probable ground to believe that your presence might contribute thereto you would upon the first notice thereof come up purposely. He said it would be late this night before he could know whether your coming up would be beneficial to his concern or not. If it was he would write to you, but I advised not but rather chose to leave with him a letter to you from myself to send should there be occasion. If you receive any such with a postscript the postscript is added by his order and writ by his son. I verily believe all his hopes is from the advice of the gentleman my Lord Langton told you of B. H. to petition his majesty and not the Council that his condemnation might be exchanged into a banishment which I fear will not be granted" (B.M. Add. MS. 29572, f. 122v.). It is clear that Langhorne was making every effort to save his life. One reason for this is given in a letter from Charles Hatton of 15 July 1679. Langhorne's wife was a Protestant, and of a domineering character, and as his daughter was still a minor, Langhorne feared that on his death she would come wholly under the influence of her mother and probably lose her Faith. The letter is also interesting as it helps to solve the problem of Langhorne's "discovery of Jesuits' means." Langhorne had acted as lawyer to the English Province S. J ., and he had been offered hopes of a pardon if he revealed to the government all he knew of their estates. This he did, but no pardon was forthcoming, presumably because the government already knew all that Correspondence of the Family of Hatton, ed. Sir E. M. Thompson,

*

Camden Society, 1878.


534

. APPENDIX IV

Langhorne had to tell them. At first sight Langhorne's action ctoes not appear very creditable. In his Memoires.. . (1679) Langhorne's explanation of his conduct does not seem wholly convincing:

"Having well weighed this... Proposal, and considered, That it would be a Sin against Truth, to deny that I had knowledge of such Estates; and that all the Scandal which could be taken by my Discovery of them, could not be so great, as my Denial would be offensive to God. And having no doubt, but that my frank and sincere discovering and owning what was within my knowledge, though to the Displeasure of those who were to be concerned therein, would make it evident to all Honest and Judicious persons, That in case I knew of any of the Plot, or of any Treason intended against His Majesty, (the concealment of which by me would be a Sin unto Damnation) I would without Difficulty discover the same, for the saving of my Soul, as well as of my Life, since I was ready to make the Discovery of such Estates, the concealment of which could be no sin against God or the King" (p. 7). But Foley (v, 59-60n) suggests that Langhorne's discovery may have been made with the consent of Fr. Whitbread, the Provincial, who was aware that Langhorne's information could add nothing to the information available in the Province Archives, which had already been seized by the government. Hatton's letter confirms this, and he refers to the intermediary between Langhorne and Whitbread as the person who caused Langhorne's declaration of innocence to be printed and as " one who wished better to Mr Langhorne's party" than to the protestant religion," which seems to indicate Fr. Maurus Corker, O.S.B., as the man. Fr. Corker is known to have been Langhorne's posthumous publisher, and he also corresponded with Langhorne (cj. Tierney's transcripts in Southwark Archives, MS. 106, iii, 263) . Presumably he also had access to Fr. Whitbread and gained the necessary permission. Charles Hatton to Lord Hatton, 15 July 1679-

*

" Mr Langhorne was yesterday executed. It is generally said he died very couragiously. It is most certain he did with great asseveration declare he knew nothing of the Plott. He had prepared a solemn declaration of his ignorance thereof and designed to have read it, but the Sherif as soon as he was in the sledge demanded what papers he had and took it from him. But I hear it will soudainly be printed and by the next I design to send it you. The substance of it was the same with his declaration herein sent which was caused to be printed by one who wished better to Mr Langhorne's party than the protestant religion. I guess it was the same person who told him that Whitbread assented to the discovery of their Lands. Since your Lordship went away I have often been with Mr Langhorne. He delivered me a letter directed to the Lord Langford and your Lordship which I was to deliver to which of you I saw first. I have delivered it

*

For another eyewitness account cf. letter of Capt. W. Longueville to Lord Hatton (B.M. Add. MS. 29551, f. 183).


APPENDIX IV

f)35

to my Lord Langford who told me it was an intimation how he designed to dispose of his estate. He engaged me to assure your Lordship he dyed a true honourer of your Lordship and made it his request if his son Richard escaped you would please to entertain him as your servant which he would not do Qut that he was most confident he would serve you faithfully . And he desired of my Lord Langford and your Lordship that all his books, writings and manuscripts whatsoever, might be given to his son Richard if he should not be condemned. And he further desired me to acquaint your Lordship that it was his earnest request that the last Midsummer Quarter rent in Hatton Garden might be payd to his brother for the maintenance of his son in Prison and that you would please so order Mr Monteage so to pay it. But he would not have his wife nor my Lord Langford know it. And that as for his daughter it was his desire she should have no dependence on her mother but that care might be taken to free her from the Tyranny of her mother : that in a few months she would be of age to choose a guardian, and that he had acquainted her so and advised her to choose the Lord Langford or your Lordship" * (B.M. Add. MS. 29572, f. 126) . . Another letter of Charles Hatton to Lord Hatton, dated 20 January 1679/80, concerning the trial of the six priests, gives an eyewitness impression of the almost unbelievably slipshod conduct of the prosecution-

"Last Saturday 6 priests were tried and condemned. One Russell alias Napper, Coll. Starkey, Marshall, Corker, Anderson alias Munson, Paris alias Parry. There was a Scotchman one Lumsden tried and found to be a priest but found speciall whether being a Scotchman he can be condemned upon a statute made in the reign of Q. Eliz upon which he was tried which makes it treason for anyone who hath taken orders from the see of Rome to come into any of the Queen's Dominions. There was one Kemish a very old man arraigned but he was so very sick and infirm that he was sett aside till next sessions. He was almost in the agony of death yet the Attorney Generall unwilling to have him set by, but the whole bench prevailed upon him to consent. You well know ColI. Starkey's case and therefore I will say nothing of it, but Munson had writt against the Temporal authority of the Pope and if he went into any Popish country he would have been in danger of his life but yet would upon the King's proclamation have gone beyond sea but the King gave him a protection and commanded him to stay. Marshall and Corker were tryed with Wakeman for the plott and acquitted then but now tryed as priests. Against Marshall there was only at first two witnesses Bedlo and another [Oates inserted]. Bedlo in court denied he knew him to be a priest only that he had seen him in his Monk's habit and heard him called Father. Tho Mr Bedlo had upon Oath

* Cf. Correspondence of the Family of Hatton, pp. 187-8.


536

APPENDIX IV

before the Attorney General declared he knew him to be priest but it was denied to have ever made any such oath. The Attorney finding himself disappointed of a witness enquired about whither nobody there present heard him when he made his defence when he was tried for the Plott confess himself a priest and two or three came in and made oath they did and upon their evidence and the testimony of one person who made oath he heard him say mass he was condemned but most moderate people think he hath hard measure. They were all accused only for being priests and therefore it is hoped they will not be executed but only banished" (B.M. Add. MS. 29572, f. 197v.).

*

* I. e. Prance and

Dugdale.


A HANDLIST OF THE EXTANT WORKS OF FR. JOHN WARNER, S.]. I.

MANUSCRIPTS.

*

(1)

Persecutionis Catholicorum A nglicanae et Conjurationis Presbiterianae Hystoria. MS. A (holograph rough copy) in B.M. Harl. 880. In a difficult hand. 88 fl. Size of page 317 x 208 mm. Approx. 6511. per page. MS. B (holograph fair copy) in U.L.C. MS . Gg. iv, 3. In a fair hand . . 93 fl. Size of page 336 x 232 mm. Approx. 83 11. per page. A partial transcript was made by Thomas Baker, the Cambridge antiquary, from MS. B, and is in U.L.C. MS. Mm. i, 46, f. 231 sq . A very fragmentary transcript of MS. A is in Lambeth LibraryMS. 932, f. 87.

(2)

Minutes of Letters and Notes: 1678-1686. U.L.C. MS. Ll. i, 19. Holograph . II.

PRINTED BOOKS.

~

Books marked thus x are Warner's own copies.

(1)

Vindiciae Censurae Duacenae, seu Confutatio scripti cuiusdam Thomae Albii contra latam a S. Facultate Theologica Duacena, in 22 Propositiones eius censuram, cui praefigitur Albinae doctrinae scopu s, et alia quaedam eius dogmata referuntur. Duaci, 1661. 4°. Written under the name of Jonas Thamon. ASCRIPTION: Sommervogel, following Southwell. COpy: Heythrop College.

(2)

Conclusiones ex universa theologica propugnandae In Collegio Anglicano Societatis Iesu . Leodii. Anno Domini M.DC.LXX . Praeside Rdo Patre Ioanne Warnero, Soc. I esu Theologiae Professore . Defendet P. Rodolphus Frevillus, eiusdem Societatis Mense ... Die ... Hora 9 ante, et tertia post meridiem. Leodii, Typis G. H. Streel. 4°. pp. 14. Title from Sommervogel.

*

Fuller descriptions of these items are given in the catalogues of the libraries to which they belong. ~ Whatever is of value in the following list is attributable to a very large extent to the bibliographical notes of the late Fr. C. A. Newdigate, S. J . The lists of holdings are not necessarily exhaustive.


538

EXTANT WORKS OF FR . JOHN WARNER

(8)

Doctor STILLINGFLEET against Doctor STILLINGFLEET . Or, The Palpable Contradictions committed by Him in charging the ROMAN CHURCH with IDOLATRY, Danger of Salvation in Her Communion, Fanaticisme, and Divisions in Matters of Faith. De ore te judicio. Luc. 19. 22. Printed in the Year MDCLXXI. 8°. pp. 22. Signed, pp. 15 and 21, "By John Williams." ASCRIPTION: Southwell attributes this to Fr. John Keynes, S.J ., but Sommervogel thinks this an error. "John Williams" is non-existent. COPIEs: B.M.; Bodleian.

(4)

Dr. Stillingfleet's PRINCIPLES of PROTESTANCY Cleared Confuted, and Retorted. And the INFALLIBILITY of the Roman-Catholick Church Asserted; And that the same Church alone is the whole Catholick Church. Ina Letter from a Catholick Gentleman to a Protestant Knight. Printed in the Year 1673. Signed, p. 33, "Mar. 17, 1671. ].W." 4°. pp. 34. COpy: B.M.

(6)

Dr. Stillingfleet still against Dr. Stillingfleet: or the EXAMINATION of Dr. StiUingfleet against Dr. StiUingfleet EXAMINED. By J. W. Printed in the Year MDCLXXV. 8°. pp. 279. The Preface reveals that the author wrote "Dr. Stillingfieet against Dr. Stillingfieet," q.v. supra, no. 3. COpy: B.M.; Bodleian; Stonyhurst.

(6)

ANTI-HAMAN or an ANSWER to M. G. BURNET'S Mistery of Iniquity Unvailed . Where in is shewed the Conformity of the Doctrine, Worship, &. Practice of the Roman Catholick Church with those of the Purest times. The Idolatry of the Pagans is truly stated &. the Imputation of Pagan Idolatry cleerely confuted. A nd Reasons are given why Catholicks avoyde the communion of the Protestant Church. By W. E. Student in Divinity: with Leave of Superiors, 1678. 8°. pp. 323. This contains a Letter to Mr. Cudworth, pp. 335-345 bis. A second issue of the book in 1679 is identical with the former, save for the date, and the addition to the title-page of the words To which is annexed a Letter to R. Cudworth D.D. ASCRIPTION: Sommervogel. Cj. infra, title-page of 2nd edition (no. 19). COPIES: D.L.C. X; B.M.; Bodleian; Archives Eng. Provo S.].; Stonyhurst; Downside.

(7)

ANTI-GOLIATH: or An Epistle to Mr. Brevint, containing some Reflections upon his Saul, and Samuel, at Endor. Written by E. W. With leave of Superiors, 1678. 8°. pp. 60. ASCRIPTION: Probably Warner's revision of the MS. of Fr. Edward Worsley, S.]. CoPIES: D.L.C. X; Beaumont; Downside. Brevint's book was published at Oxford in 1674.


EXTANT WORKS OF FR. JOHN WARNER

539

(8)

Lettre ESCRITE DE MONS a un amy a Paris. Touchant la Conspiration d'Angleterre . Qui se peut dire un Factum, pour les Catholiques Persecutes. (Dated: De Mons ce 1 Mars 1679. Not signed.) 4°. pp. 12. ASCRIPTION: By Warner himself, MS. History, Book III. COPIES: B.M. X; Brussels, Archives de l'Etat.

(9)

SECONDE LETTRE DE MONS a un amv a Paris du 20 d'Avril 1679. Ou Factum pour Hil, et Grine, de-ux Catholiques pendus en Angleterre. 4°. pp. 16. COpy: B.M.x

(10)

Concerning ike Congregation of jesuits held at London April 24, 1678, which Mr. Oates calls a Consult. 4°. pp. 8. Reprinted in Foley, vol. V. ASCRIPTION: The particular references in the text to the movements of the Rector of Liege indicate Warner's authorship. COpy: B.M. x

(ll)

HARANGUES DES CINQ PERES de la Compagnie de jesus. Executes Londres le 20/30 juin 1679. jtem. Response aux objections des Ministres contre ces Harangues. jtem. Harangue de Monsieur Z'Avocat Langhorne. 4°. pp. 25. ASCRIPTION: On p. 2 the author writes "comme dit rna 1ere Lettre de Mons." Cj. no. 8 above. COPIES: B.M. X; Stonyhurst.

(12)

ANTI-FIMBRIA or AN ANSWER to the ANIMADVERSIONS uppon the Last SPeeches of the FIVE JESUITS Executed at Tyburne june 20/30 1679. Ut seductores, &. veraces, As seducers; yet we are sincere. 1. Cor. 6. 8. By A. C. E. G. Permissu Superiorum. M.DC.LXXIX. 4°. pp. 28. ASCRIPTION: Cj. Warner's MS. History, Book III. COPIES: B.M. X; Heythrop College.

(13)

A Defence of the Innocency of the Lives, Practice and Doctrine of the English Preists, jesuits, and Papists. relating to the Crimes of Murther and Treason unjustly charged on them by E. C. in his Narrative wherein are discovered His Grosse Mistakes, His wilfull Falsifications, His shamefull Falsehoodes, and his groundless unjust Accusations of the English Papists . ... Permissu Superiorum 1680. 4°. pp. 32. ASCRIPTION: Cj. Warner's MS. History, Book III. COPIES: B.M. X ; Archives Eng. Province S.].; Heythrop College.

a

(14) a.

A VINDICATION of the INGLISH CATHOLIKS from the pretended conspiracy against the life and Government of his Sacred Maiesty. Discovering the chiefe Falsities &. Contradictions contained in the Narrative of TITVS OATES .... Antwerp, Printed M.DC.LXXX. Permissu Superiorum. 4°. pp . 60. The first edition.


540

EXTA T WORKS OF FR . JOHN WARNER

ASCRIPTION: Sommervogel, following supplement to Southwell; cj. also Warner, MS. History, Book III. COPIEs : B.M.; Bodleian; Gillow Library; Archives Eng. Provo S.]. b.

A Vindication of the Inglish Catholiks from the pretended Conspiracy against the L ife et Goverment of His Sacred Maiesty. Discovering the cheife lyes c;.. contradictions contained in the N arrative of Titus Oates . ... Permissu Superiorum M.DC.LXXX. 4째. pp. 62. COpy: Stonyhurst. The second edition, with some additions, including a Relation of some of Bedlow's p ranks in SPain and Oate's Letter concerning him and a reply to John Phillips's pamphlet answering the first edition: Dr. Oates's Narrative of the POPISH PLOT, vindicated . ... 1680.

c.

A VINDICATION of the ENGLISH CA THOLIKS from the pretended Conspiracy against the Life, and Government of HIS SACRED MA JESTY Discovering the cheif lyes c;.. contradictions contained in the Narrative of TITUS OATES. The 2. Edition with some Additions: c;.. an answer to two Pamplets printed in defence of the Narrative. hem a Relation of some of Bedlows pranks in Spain, and Oate's Letter concerning him . ... Permissu Superiorum. M.DC.LXXXI. 4째. pp. 94. Really the third edition, but the second edition of b. COPIEs: B.M. X; Archives Eng. Provo S.]. Another answer to this was An Account of a Vindication of the English Catholicks .... London, Printed for James Vade . .. 1681. Curiously enough, Vade was prosecuted for selling Warner's Vindication itself (cj. W. H. Hart, Index Expurgatorius (London, 1872), Item 275), as also were Henry Lee and Benjamin Calamy (cj. C.R.S., xxxiv, 300 sq.).

*

(15)

LA HARANGUE de MONSEIGNEUR GUILLIAUME VICOMTE DESTAFFORD, sur le'schatJaut immediatement devans son execution le 8 Ianvier 1681, stilo novo. Item. Celle que le grand Senechal fit, en luy prononyant la sentence de Mort . 4째. pp. 28. ASCRIPTION: Cj. Warner, MS. History, f. 121. COpy: B.M. X

(16) a. Duarum Epistolarum a Doctiss. D. Georgio Morlaeo STD et Episcopo Wintoniensi ad J anum Ulitium datarum Revisio. Auctore N. N. M.DC.LXXXIII Superiorum Permissu. 4째. pp. 157. The first issue. COPIES: B.M. X; Bodleian; Trin. ColI., Du blin; ion College; Beaumont;. Stonyhurst; Heythrop. I.e . Phillips's book, and An Account of a Vindication .... 1681, printed for James Vade.

*


EXTANT WO RKS OF FR. JOH

WARNER

541

b.

DV ARVM EPISTOLARUM GEORGII MORLAEI S.T .D . et Episcopi WINTONENSIS ad IANVM VLITIVM Revisio . I n qua de Orationibus pro Defunctis, Sanctorum Invocatione, Diis Gentilium, &- Idolatria agitur. authore IOANNE WARNERO S.I. THEOLOGO. M.DC.LXXXIII. Superiorum Permissu . 40. pp. 157. The second issue. COpy: Archives Eng. Provo S.J. x

(17)

A REVISION OF DOCTOR GEORGE M ORLEI'S IUDGMENT in matters of RELIGION or An answer to several Treatises written by him upon several occasions concerning the CHURCH OF ROME and most of the doctrines controverted betwixt her, and the CHURCH OF ENGLAND. T o which is annext A TREATISE of PAGAN IDOLATR Y. By L. W. Permissu Superiorum 1683. 4°. pp. 129. COPIES: As for (16) a. This volume is normally bound up with the previous item. The two books were a reply to George Morley's Several Treatises written upon Several Occasions . . .. 1683. Warner's books were replied to in The Revision Revised: or a V indication of the Right Reverend Father in God, George, Lord Bishop of Winton . ... 1684.

(18)

Ecclesiae Primitivae Clericus: cuius gradus, educatio, tonsura, chorus, vita communis, vota, hierarchia, exponuntur. Authore Joanne Warnero S.]. olim S.T. Professore. Perm. Super. M.DC.LXXXVI. 4°. pp. 233. COPIEs : Bodleian; Sion College; Westminster Cathedral Library; Archives Eng. Provo S.].; Stonyhurst.

(19)

A Defence of the DO CTRIN, and Holy Rites of the Roman Catholic Church fro m the Calumnies, and Cavils of Dr. BURNET'S Mystery of Iniquity Unveiled. Ulherein is shewed . ... With a Postscript to Dr. R. Cudworth. By]. Warner of the Soc. of Jesus . The Second Edition. London. Printed for Henry Hills, Printer to the K's most Exc. Maj., for His Houshold and Chappel .. . 1688. 8°. pp. 325. This is a second edition of Anti-Hamam-vid. sup., no. (6) . COPIES: Bodleian; Trin. Coli., Dublin; Archives Eng. Provo S.J.; Stonyhurst; Manresa House; St. Mary's, Yarmouth. ADDENDA

Sir Vivian Molyneux's translation of Nieremberg's Treatise of the Difference Betwixt the Temporal and Eternal . .. [London] 1672 is said by Gillow (v, 71) to have been edited by Fr. John Warner, S.J .• and the dedication to Queen Catherine to have been also written by him. But Gillow does not make clear whether the Fr. Warner in question is ouf author or Sir John Clare, Bart., in religion also Fr. John Warner, S.].


WARNER'S TABLES OF CONTENTS B.M. MS. Harley 880 U.L.C. MS. Gg. iv, 3 Apparatus Studia res Novantium Authoris institutum Angliae Regimen Monarchicum Haereditarium Regia Potestas Parlamentum Anglorum Religio J udiciorum in Anglia forma in causis criminalibus Suppliciorum genera Londini Regimen Kalendarium Anglicum Monetae valor Liber I P ersecutio a quibus mota, et ejus exitus Caroli ii ab exilio reditus Odoardus Hydus qualis Carolus qualis Bellum Hollandicum, incendium Londinense, et Pestis A ulici et patriotae . . Declaratio Caroli pro conscientiae libertate Judicia de ea Shaftesburius qualis

Folio

1 1 2

a 4 8 8 9 9

10 11 12 12

13

15 16 17 18 18

Liber I Angliae regimen quale Monarchia temperata Regis in Parlamenta auctoritas Angliae Religio

J udiciorum criminalium forma Londini regiminis Caroli 2 in Angliam reditus Clarendonius qualis . .

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8

8

11 13 14


o

Londinum qualis urbs Angli Sanguinem horrent Haeresum multitudo Supplicatio Presbiterianorum

18 19 19

Dnde orta in Catholicos odia In aula quales: Carolus-Regina-Portsmuthia- Danbeius l\Ionmuthius qualis-Eboracensis-Londinenses Praetextus Persecutionis Titus Oates-Ezrehel Tongus, quales Thomas Harcottus, Provincialis Soc. J esu. Antwerpianus morbus Epistolae Windesorianae Oates coram consilio Regio auditus Scrogius qualis

20

20

21 22 22 23

24 25 25

26 27

Carolus 2 q ualis 15 Londinum qualis civitas Ex Bello Hollandico querelae in Regem 16 Duplex in Parlamento factio, aulicorum et patriotarum 17 Shaftesburius qualis 18 Regis declaratio pro lib~rtate conscientiarurn Judicia de ea 20 Heresum multitudo .. 21 Supplicatio impia Haereticorum 22 Dnde orta contra fidem studia 23 In Catholicos inquiritur Carolus Catholicos perculsos consolatur Portsmutha qualis 24 Danbaeus qualis Monmuthius qualis Motiva persequendi Catholicos 24-25 Praetextus 25 Occasio, sive principium Titus Oates qualis 26-27 Tong qualjs Oatii Itinera 27 P. Th. Harcottus qualis 28 Componuntur Acta Conjurationis 29 Epistolae Windesorienses 30 Edm. B. Gothefridum adeunt 30-31

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28

29 29 29 30 30

31 31 32 32 33 34

35 36 36

37 37 38 39

40 41 42

Liber II Odoardus Mico qualis Persecutionis violentia Aulae facies .. Godefridi caedes Parlamentum Oates auditur Testimonii ejus Falsitas Parlamenti sententia Ejus iniquitas An fides conspirationi habita ? Joes Medburnus Quorsum tenderent factiosi Edicta regia duo Bedlous qualis Dugdallus Prancius Tho. Monfordi mors Humphridi Bruni mors Ignatii Pricii mors .. Mat. Mildmaii evasio Latibula sacerdotum Gulielmi Stalaei mors

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Regina conjurationis arcessita Danbeius accusatus, de quibus Res Scoticae et Hibernicae De Joanne Sergeantio

Liber III Societatis in Anglia et Seminarii Audomarensis status Libelli famosi Irelandi, Pickeringi et Grovii certamen Hilli, Grini, et Berrii certamen Apologiae pro Catholicis Oates S.T. Doctor Lestrangius q ualis Eboracensis solum vertit Parlamentum Danbei causa Shaftesburii oratio Sacratioris consilii mutatio Crimina Catholicis proceribus objecta Regis Papistae auctoritas circumscribenda Praemia sacerdotes intercipientium Gulielmus Wallerus qualis Rich ardi L acaei mors

44 44 45 46

Odoardus Colemanus Controversia de ] uramento fidelitatis Res Hibernicae Sergeant delator Acta praecipua Parlamenti Danbaeus accusatus Liber III Societatis in Belgio status

48 49 50

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Francisci N evilli mors R.P. Provincialis et quatuor Sociorum certamen D. Petri Carilli epistola Judicia de quinque Jesuitis Fides morientibus habenda Scripta Tongi contra Orationes I tern Lincolniensis Episcopi Item Fimbriae Item E.C. Item J. Sergeantii Richardi Langhorni certamen Oates Narrativam secundo edit Joannes Smithaeus delator, et Robertus Jenisonus Divina Providentia Thomae J enisoni ad fratrem epistola Thomae Jenisoni et Roberti Pughi mortes F rancisci Gerardi et Francisci Lusoni mortes Nicolai Postgate, et Francisci J onsoni supplicia Gul. Plessingtoni martyrium Jois F loidi et Phillippi Evani supplicia Caroli Bakeri certamen Arnoldus qualis Misera Angliae facies, Verum Aceldama Actio in Georgium Wakemannum et tres B enedictinos ..

Folio 64 64 66 72 72 73 74 75 76 76 77 80 82 82 82

85 86 86 87 89 91 91 94

95

Folio Certamen P. Provincialis et Sociorum 4 Judicia de iis Fides morientibus debetur Scripta contra orationes Tongi et Lincolniensis Fimbriae E.C. Item J.S. Richardi Langhorni certamen Oatis narrativa Joes Smithaeus qualis et Robertus J enisonus Thomae J enisoni mors Rob. Pughi et Gerardi mors Francisci Lusoni mors Francisci J ohnsoni martyrium Plessingtoni martyrium Philippi Evani et Joannis Floidi martyrium Caroli Bakeri martyrium Arnoldus qualis Georg. Wakemanii et 3 Benedictinorum certamen Caroli Carne certamen Andreae Bromisii et GuI. Atkins certamen Gulielmi Jones certamen Presbiteriani in Scotia rebellant ..

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Caroli Carni certamen Andreae Bromisii et Gulielmi Atkinsi certamen Gulielmi Jones certamen Presbiteriani in Scotia tumultuantur Pia Eboracensis exercitia Bruxellis Eboracensis redit in Angliam: deinde in Scotiam mittitur Monmuthius exulat: deinde redit invito rege Celleriae, et Dangerfeldi negociationes: qualis uterque ? Papistae Larvati Scroggius accusatus Arcessitus Sodomiae Oates

96 97 98 98 99 100 100

Caroli morbus Eboracensis redit in Angliam Monmuthius exulat .. Dangerfeldi et Celleriae negotiationes Celleria qualis Dangerfeldus qualis Papistae Larvati Scroggius accusatus Oates sodomita

92 93

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104 104 105 105

106 106 107

107 108 108

109

Periculum Regis Dei Providentia discussus Petitiones pro Parliamento Eboracensis revocatur Thomae Gascoigne certamen Prohibentur ignes festivi et falsa nova Actio in Celleriam .. Dangerfeldus captivus Eboracensis accusatus Multi dimissi Bedlous moritur Parlamentum

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106 106 107

Actio in Staffordum SenescalIi oratio cum scholiis Staffordii Oratio Staffordii genus Comitiorum Acta

108 110 113 116

Folio

110

Eboracensis Papismi accusatus Antonii Hunteri, Richardi Bartoni et Jois Riverii certamina Actio in Thwingum aliosque Bedlous moritur Nova accusatio Catholicos voluisse classem incendere Parlamentum Decretum in Eboracensem Shaftesburii oratio

113 114 114 115

Ad earn responsio Arnoldi malignum stratagema Dica in Scroggium .. Actio in Staffordium SenescalIi in eum oratio cum scholiis Staffordi oratio Staffordi genus Acta Parlamenti Cometa terribilis Tempestas in J esuitas Lancastrenses

117 119 119 120 121 125 127 127 128 128

Liber V Parlamenti Acta LibelIus supplex Londinensium Charta Londinensium insolens

130 130 131

111 112 113

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Parlamentum Oxoniense Sergeantii et Mauritii depositiones Discordia inter conclavia duo Caroli declaratio Actiones in Plunkettum et Fitzharrisium Oratio Plunketti Shaftesburius aliique capiuntur Associatio Perniciosa Imperiis dogmata Actio in Collegium .. Actio in Shaftesburium aliosque rejecta Actio in Londini Privilegia Scotia pacata Actio in Milonem Stapeltonum Actio in Georgium Busbium J oannes Morus Londini praetor Accusantur Catholici statuisse class em incendere Joannis Pauli Olivae mors

131 132 132 133 135 136 139 139 142 144 144 145 145 145 146 146 146 147

Caroli declaratio Actio in Fitzharrisium Olivarii Plunketti certamen Fitzharrisii Depositio Associatio Leges paenales in Anglia ob Religionem Perniciosa dogmata .. In Shaftesburium Actio Et in Collegium Scotia cum Carolo certat officiis Parlamentum illic Actio in Adamum Elliot Comissarii pro collatione Beneficiorum J oannes Morus, Praetor Londini Inundatio

119 120 120 123

125 126 128

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Folio Trimmers Eboracensis in Angliam redit Eligitur Carolus de N oyelle Generalis Societatis Gulielmus Bentnaeus captus Variae actiones in varios .. Protestant Flailes Eliguntur novi vice-comites Shaftesburii et factiosorum nova studia Shaftesburii ex ilium et mors Pilkinsoni et Wardi causae De incendio Londinensi ejusque monumento Legationes ad Carolum

151 151 154 154 155 155 156 156 157 158 158 161

Eligitur novus Generalis Societatis Gul. Bentnaeus captus Quid molirentur Factiosi Protestant flayles Nova Shaftesburii studia Ejus exilium et mors De incendio Londinensi Monumenti descriptio Incendii illius Authores Legationes ad Carolum

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162 162 163 164 164 164 165 165 166

Liber VII Factiosorum dialectus, et arma Eorum cons ilia Locus facinori destil1atus Londinum privilegia prodit Conspiratio det egitur Sumptum de conspiratoribus supplicium Congratulationes ob detectam conspirationem Censura Oxoniensiul11 in 27 propositiones Morlaei mors

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De conjuratione detecta gratulationes Censura Oxoniensis Glacies mirabilis Liber VIII Gulielmi Petre mors Catholici Proceres liberantur Antonii Hunteri mors Oatis Epistola ad Secretarios Regios Actio in Hambdenum Caroli mors .. Scripta Caroli ma.nu exarata Ejus Epitaphium ab Odoardo Cuffaudo factum ] aco bus succedit Argylius cum exercitu in Scotia Monmuthius in Anglia Staffordi Innocentia agnita Oates Perjurii accusatus Catholici de n ece Godefridi purgantur Prancius p erjurii damnatus Duplex Legatio Romam Hystoriae fini s

167 167 167 170 171 171 172 172 172 173 175 176 176 177 178 178 179 180 180 180

Glacies mirabilis

Liber VIII Baronis Petre mors Statua pedestris Caroli Factiosi tumultuantur Oates capitur C;-troli mors Duo Caroli scripta Jacobus succedit Argylius in Scotia Monmuthius in Anglia Staffordus Innocens Oates perjurus declaratur Catholici Godfridi caede purgantur Prancius se dedit, et perjurium agnoscit Duplex Legatio Romam H ystoriae finis

146 147

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AUTHORITIES

CITED

In view of the exigencies of space, and of the scope of C.R.S. publications, it has been thought advisable not to attempt a complete bibliography of the Popish Plot, nor even to give a full list of works consulted in the preparation of this volume. What follows, therefore, is merely a short-title list of the authorities cited in the footnotes. The place of publication is London unless otherwise stated. For a fuller bibliography of the Plot the reader is advised to consult the bibliographies in Pollock, The Popish Plot, 1903 (most regrettably omitted from the later edition), and in Ronald, The A ttempted Whig Revolution, Illinois, 1937. MANUSCRIPTS BRITISH MUSEUM Harleian MS. 3790. Additional MSS. 15395, 15643, 28277 , 28240, 29551 , 29572, 29612, 32520, 38847. PUBLIC RECORD OFFICE S.P.D. Car. II, 409; S.P. 84/216; G.D. 24/6A; P.e. Regs. 2/67, 68, 69; 31/9/125, 132. BODLEY'S LIBRARY Carte MSS. 39, 70, 146, 243. Tanner MSS. 39, 290. Rawlinson MS. D. 720. Wood MS. F. 50. STONYHURST COLLEGE LIBRARY MSS.: Anglia V; A. iv, 13; A. iv, 31; B. 1. 16 (Glover Transcripts); Cardwell II. WESTMINSTER CATHEDRAL ARCHIVES Processus de Scriptis Martyrum Anglorum. General Series, Vol. XXXIV. DOWNSIDE ABBEY LIBRARY Allanson, MS. Biographies. Weldon, MS. Collections. SOUTHWARK CATHEDRAL ARCHIVES MS. 106, III. LAMBETH PALACE MS. 932. ST. ] OHN'S COLLEGE, CAMBRIDGE MS. N. 15.


AUTHORITIES CITED

553

CONTEMPORARY BOOKS AND PAMPHLETS

An Account of a Vindication . .. 168l. An Account of His Excellence Roger Earl of Castlemaine's Embassy . . . London, 1688. Animadversions on the Last SPeeches of the Five Jesuits . ... London, 1679. Articles of Impeachment of High Treason . . . against Sir William Scroggs . . . London, 1680. Barlow, T .: Popery : or the Principles and Positions Approved by the Church of Rome . . . London, 1679. Bedlow, W .: The Examination of Captain William Bedlow ... London, 1680. - - : Narrative and Impartial Discovery . . . 1679. Blount, Charles : Appeal from the Country to the City . .. 1679. c., E. : A True Narrative of the Inhumane Positions . .. 1680. - - : A True and Perfect Narrative of the Inhumane Practices . .. 1680. - -. : A Full and Final Proof of the Plot . .. 1680. Care, Henry: liVeekly Pacquet of Advice from Rome . .. 1678-9, 1679-83. Cellier, Elizabeth: Malice Defeated . .. 1680. Chamberlayne, Edward: Anglia Notitia; or the Present State of England . .. 1669 sq. Charles II : His Majesty's Declaration to all his Loving Subjects . .. 168l. - - : Copies of Two Papers . . . 1686. Cooper, Anthony Ashley, E. of Shaftesbury: The Paper which was seized in the E. of Shaftesbury's Closet . . . 168l. - - : The Two Associations . . . 168l. , Coriolanus' : Scandalum Magnatum . .. Paris, 1679. Corker, James Maurus, O.S.B.: A Remonstrance of Piety and Innocence . .. 1682. - - : Stafford's Memoirs . .. 168l. - - : see also Oates, T. Cressy, Serenus, O.S.B.: Epistle Apologetical ... 1674. - - : Fanaticism Fanatically Imputed . .. 1672. Croft, Herbert, Bp. of Hereford: A Short Narrative . .. 1679. The Declaration of the Rebels in Scotland . .. (Edinburgh, 1679). The Declaration of the Rebels now in Arms in the West of Scotland . .. (Edinburgh, 1679) . Dowdall, G.: Mr. Dowdall's Just and Sober Vindication . .. 168l. Dryden, John: Absalom and Achitophel ... 168l. - - : A Defence of the Papers . . . 1686. Elliot, Adam: A Modest Vindication . .. 1683. Gee, Edward: The Jesuits' Memorial for the Intended Reformation of England . .. 1690.


f5f54

AUTHORITIES CITED

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Parsons, Robert, S.].: A Treatise tending to Mitigation •• • (St. Orner) 1607. Phillips, John: Dr. Oates' Narrative of the POPish Plot, Vindicated . . . 1680. Prance, Miles: A True Narrative . .. 1679. - - : The Additional Narrative . .. 1679. Pugh, Robert: Blacklo's Cabal . .. (? Douay) 1680. A Reply to the Answer Made upon the Three Royal Papers . .. 1686. A Royal Message . .. likewise a true Relation of a Bloody Conspiracy of the Papists in Cheshire . .. 1641. Scroggs, Sir William (see also Oates, T.): Resolutions of the House of Commons for the Impeachment of Sir William Scroggs Knight . .. Sir Thomas Jones Knight . .. Sir Richard Weston Knight . .. 1680. The Revision Revised . .. or a Vindication of the Right Reverend Father in God, George Lord Bishop oj Winton . .. 1684. Savile, George, Marquis of Halifax: The Character of a Trimmer . .. 1682. Sergeant, John: Clypeus Septemplex ... Douay, 1677. (See also Information. ) Smith, John: The Narrative of Mr. John Smith of VValworth . .. 1679. - - : No Faith or Credit to be given to Papists . .. with particular Reflections on the Perjury of Will . Viscount Stafford . .. 1681. Smith, William, M.A.: Intrigues of the Popish Plot Laid open . .. 1685. Sprat, Bishop Thomas: Copies of Informations . .. 1685. - - : A true Account and Declaration . . . 1685. Stillingfleet, Bishop Edward: An Answer to some Papers Lately Printed . . . 1686. - - : The Jesuits Loyalty . .. 1677. Talbot, Bishop Peter: Blakloance Hceresis ... Gandavi, 1675. - - : Scutum Inexpugnabile Fidei . .. Lugd, 1678. Tanner, M., S.J.: Brevis Relatio felicis agonis ... Prague, 1683. Tom Tel-Troth's Declaration . .. n.d., n .p. Tonge, Ezerel: The New Design of the Papists Detected . .. 1679. Trials: The Trial, Conviction and Condemnation of Andrew Bromwich and William Atkins . .. together with the Trial of Charles Kerne ... 1679. The Tryals of Sir George Wakeman, Barronet, William Marshall, William Rumley and James Corker, Benedictine Monks . .. 1679. Remarks of the Tryal of Mr. Ireland, Mr. Pickering and Mr . Grove . .. 1679. The Tryals and Condemnation of Lionel Anderson, alias Munson, William Russell, alias Napper, Charles Parris, alias Parry, Henry Starkey, James Corker and W illiam Marshall for High Treason as Romish Priests . .. Together


556

UTBORITIES CITED

with the Tryal of Alexander Lumsden, a Scotchman, and the Arraignment of David Joseph Kemish . .. 1680. Some of the Most Material Errors and Omissions in the Late Printed Tryals ... 1680. A Brief Account of the Proceedings against the Six Popish Priests . .. 1680. The Tryal and Condemnation of George Busby, fo-;: High Treason . .. 168l. The Tryal and Condemnation of Edward Fitzharris Esq . .. . as also the Tryal and Condemnation of Dr. Oliver Plunket .. . 168l. The Arraignment, Tryal and Condemnation of Stephen Colledge for High Treason . .. 168l. A True Copy of the Journal Book of this Last Parliament begun at Westminster the Sixth Day of March 1678/9 ... 1680. Watson, Dr. R.: A Fuller Answer to Elimas the Sorcerer . .. 1683. White, Thomas (alias Blacklow): The Grounds of Obedience and Government . .. 1655. SECONDARY AUTHORITIES

Albion, G.: Charles I and the Court of Rome. Louvain, 1938. Ashley, M.: John Wildman,' Plotter and Postmaster. 1947. Bayne, R. (ed.): Life of John Fisher. E.E.T .S., Extra Series Vol. CXVII, 1921. Birrell, T. A.: Catholic Allegiance and the Popish Plot . .. Nijmegen, 1950. Bryant, Arthur: Samuel Pepys, the Years of Peril . .. 1935, 2nd ed. 1948. Camm, B., O.S.B.: Forgotten Shrines . .. 1910. - - : Life of Blessed John Wall, O.S.F . ... 1932. - - (ed.): Lives of the English Martyrs. Vol. ii, 1914. Challoner, R.: Memoirs of Missionary Priests (ed. J. H. Pollen, S.J.). 1924. Christie, W. D.: A Life of Anthony Ashley Cooper . .. 1621-83. 2 vols., 1871. Clark, Ruth: Strangers and Sojourners at Port Royal . .. Cambridge, 1932. Davies, R. T.: Golden Century of Spain . .. 1937. Dodd, Charles (vere Tootell, H.): Church History of England . .. 3 vols. "Brussels," 1737-42. (See also Tierney, M. A.) Doran, John: Their Majesties' Servants . .. 1860. Downes, John: Roscius Anglicanus (ed. M. Summers), n .d. Evelyn, John: Diary . .. (ed. H . B . Wheatley) . 4 vols., 1879. Feiling, K.: History of the Tory Party. Oxford, 1924. Gerard, John, S.J.: The Jesuit Oath. C.T.S., 1901. Godwin, William: Lives of Edward and John Phillips . .. 1815.


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The Harleian Miscellany: ed. W. Oldys. 8 vols. 1744-6. - - : ed. J. Malham. 12 vols. 1808-11. - - : ed. T. Park. 10 vols. 1808-13. Hay, M. V.: The Jesuits and the Popish Plot. 1934. - - : The Enigma of James II. 1938. Holdsworth, W. S.: History of English Law. 9 vols. 1922-7. Hughes, T ., S.].: History of the Society of Jesus in North America. Text, 2 vols., 1907; Documents, Vol. I, pts. 1 & 2, 1908, 1910. Ingold, A. M. P.: Memoires Domestiques pour servire a l'Histoire de l'Oratoire,5 vols., Paris, 1902-11 James II: Original Memoirs . . . ed. J. S. Clarke. 1816. Kirk, J.: An Historical Account of Lisbon College . .. 1902. Kitchin, G.: Sir Roger L' Estrange. 1913. Lane, J.: King' James The Last . .. 1942. - - : Titus Oates. 1949. Marks, A.: Tyburn Tree. n.d. Middlebush, F . A. : Despatches of Thomas Plott and Thomas Chudleigh at the Hague . .. 'sGravenhage, 1924. Muddiman, ]. B .: The King's Journalist . .. 1923. - - : State Trials, The Need for a New and Revised Edition. 1930. North, Roger: Examen: or, an Enquiry into the Credit and Veracity of a Pretended Complete History . .. 1740. - - : The Lives of the Right Han . Francis North, Baron Guilford )' the Han. Sir Dudley North)' and the Han. and Rev. Dr. John North . .. ed. Augustus Jessopp, D.D .... 1890. Pape, T. : The Restoration Government and the Corporation of Newcastle under Lyme . .. Manchester, 1940. Pepys, S.: The Letters and Second Diary of Samuel Pepys, ed. R. G. Howarth ... 1932. Pollock, Sir John: The Popish Plot . .. 1903. Raine, James: York Depositions (Surtees Society), 1861. Reresby, Sir John: The Memoirs of . .. ed. ]. J. Cartwright ... 1875. Robinson, Howard: The Great Comet of 1680 ... Northfield, Minnesota, 1916. Ronald, F. S.: The Attempted Whig Revolution of 1678-81 (Illinois Studies in the Social Sciences, Vol. XXI, nos. 1 & 2) .... Illinois, 1937. Ronan, M. V.: Irish Priests in Penal Times . .. 1935. Sidney, Henry: Diary of (ed. R. Blencowe). 2 vols. 1843. Sitwell, Sir George: The First Whig . .. Scarborough, 1894. Somers Tracts: A Collection of Scarce and Valuable Tracts . .. of the Late Lord Somers . .. ed. Sir Walter Scott. 16 vols., 174852. Later ed., 13 vols., 1809-15. Stapleton, Mrs. B.: A History of the Post-Reformation Catholic Missions in Oxfordshire. 1906. Thaddeus, The Rev. Fr.: The Franciscans in England, 16001850 ... 1898.


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Thompson, Sir E . M.: Correspondence of the Family of Hatton . .. (Camden Society), 1878. Tierney, M. A. : Dodd's Church History of England, with Notes, Additions, and a Continuation. 5 vols. (all published). 1839 sq. Weldon, Fr. Bennet, O.S.B .: Chronological Notes containing the Rise, Growth, and Present State of the English Congregation of the Order of St. Benedict. Worcester, 1881. Wormald, B. H. G.: Clarendon, Politics, History and Religion, 1640-1660. Cambridge, 1951. WORKS OF REFERENCE

Birt, Norbert, O.S.B.: Obit Book of the English Benedictines. Edinburgh, 1912. Brady, W . M.: The Episcopal Succession, Scotland and Ireland, A .D. 1400 to 1875. 3 vols. Rome, 1876. Calendar of the Clarendon State Papers, Vol. IV (ed. F. J. Routledge). Oxford, 1932. Calendar of State Papers, Domestic Series: 1678; 1679/80; 1680/1; 1682; Jan.-June 1683; July-Dec. 1683 ... 1913 sq. Calendar of Treasury Books, 1685-89. 4 vols. Prepared by W. A. Shaw, Litt.D. 1923. Catalogue of Prints and Drawings in the British Museum, Division I, Vol. I (ed. F. G. Stephens). 1870. Catholic Record Society: Vol. 3: Miscellanea III, 1906. (viii) A Chapter Necrology, ed. Louise Guiney. Vol. 4: Miscellanea IV, 1907. (iii) Tower Bills, 1595-1681, ed. Rev. J. H. Pollen, S.J. (xiv) Father John Birkett, Confessor in Lancashire [sic] Castle, ed. Joseph Gillow. Vol. 6: Miscellanea VI. (i) Abbess Neville's Annals .... 1598-1687, ed. Dame M. J. Rumsey, O.S.B. Vol. 8: The Diary of the" Blue Nuns" at Paris, 1658-1810, ed. Joseph Gillow and R. Trappes Lomax. 1909. Vols. 10 & 11 : The Douay College Diaries (Third, Fourth and Fifth), 1598-1654, ed. Edwin H. Burton and Thomas L. Williams. 1911. Vol. 25: Dominicana, 1925. Vol. 30: Register of the English College at Valladolid, 1589-1862, ed. Canon Edwin Henson. 1930. Vol. 34: London Sessions Records, 1605-1685, ed. Dom Hugh Bowler, O.S.B. 1934. Vol. 40: Liber Ruber, Venerabilis Collegii A nglorum de Urbe Nomina Alumnorum, 1631-1783, ed. Wilfrid Kelly, Ph.D. 1943. The Catholic Encyclopedia. 15 vols. New York, 1907. Complete Collection of State Trials. 34 vols. 1809-28. The Complete Peerage, ed. Vicary Gibbs et al. 1910 sq.


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Foley, Henry, S.]. : Records of the English Province of the Society of Jesus, vols. IV, V, and Collectanea. 1878 sq. Gillow, Joseph : A Bibliographical Dictionary of the Englisfl Catholics fr om the Break with Rome in 1534 to the Present Time. 5 vols. 1885 sq. Historical Manuscripts Commission: 7th Report, Part I. MSS . of Sir Henry Verney, etc. 1879. 11th Report, Appendix, Part II . MSS. of the House of Lords, 1678-88. 1887. 13th Report, Appendix, Part VI. MSS. of Sir William Fitzherbert, Bart., and others. 1893. 14th Report, Appendix, Part IV. MSS . of Lord Kenyon, 1894. Report on the MSS. of the Marquis of Ormonde, K.P., preserved at the Castle, Kilkenny. 2 vols . 1895, 1899. Report on the MSS . of the House of Lords, 1689-90. 1899. Calendar of the MSS . of the Marquis of Ormonde, K .P., preserved at Kilkenny Castle. New Series, Vols. IV-VI. 1906 sq. Jeaffreson, ]. C. (ed.): Middlesex County Records, Vols . I-IV. 1888 sq. Journals of the House of Commons, Vol. IX. Journals of the House of Lords, Vol. XIII. Kirk, John, D.D.: Biographies of the English Catholics in tht Eighteenth Century, ed. J. H. Pollen, S.]., and E. Burton. 1909. Lingard, John: History of England (2nd edition) . 14 vols. 182330. Notes and Queries, 6th Series, 1880 sq. Oliver, George : Collections Illustrating the History of the Catholic R eligion. 1857. Steele, R.: Tudor and Stuart Proclamations, 1485-1714. 2 vols. Oxford, 1910. Wing, D.: Short Title Catalogue of Books printed in England , Scotland, Ireland, Wales and British America, and of English Books printed in other Countries, 1641-1700. 3 vols . New York, 1945-51. Wood, Anthony : Athence Oxonienses (ed. Philip Bliss). 4 vols. 1813-20. ARTICLES AND MONOGRAPHS

The Ancestor, Vols. II and II: ]. C. Cox, " The Household Books of Sir Miles Stapleton, Bart." The Downside Review, July, 1933: Dom Hugh Bowler, O.S.B., "The H unter-Hesketh Prosecutions." . July, 1940: Dom Hugh Bowler, O.S.B ., "Blessed Thomas Pickering.' , English Historical Review, Vol. XXX, 1915: E. R. Turner, « The Privy Council of 1679." P


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Vol. XL, 1925: K. F eiling and F. R. Needham," The Journals of Edmund Warcup, 1676-84." Vol. .X L V, 1930: ]. H . Sacret, "The Restoration Government and Municipal Corporations." Journal of Modern History, Vol. I, 1929: C. L. Grose, "Louis XIV's Financial R elations with Charles II and the English Parliament." The Lisbonian, Vol. XVII, no. 2-XVIII, no. 3 : " Bishop Russell of Portallegre." July-December, 1949: " John Sergeant and the Popish Plot." The Month, Sept., 1903: J. Gerard, S.]., "Minutes of the Congregation 24 and 26 April 1678." April, 1912 : J. G. Muddiman, "The Origin of the Oates Plot." July, 1921: ]. G. Muddiman, " Nathaniel Thompson and the Popish Plot." Nov., 1923: J. G. Muddiman, "The First Martyr of the Popish Plot, William Staley." Nov., 1930: Dom Hugh Bowler, O.S.B., "The Ven. EdwarCl Mico, S.]." March, 1933: Dom Hugh Bowler, O.S.B., "The Blundell Letter." Transactions of the Royal Historical Society, 4th Series, 1929: F . M. G. Evans, " The Earl of Danby in the Tower."


INDEX Roman numerals refer to the pages of the Introduction. Arabic numerals refer to the PARAGRAPHS of the text, except when italicized and prefaced with the letter' p.' (e .g. p. 531)-in such cases they refer to the pages of the Appendices. References to items which occur solely in the notes are indicated thus: 734n. But the reference to an item in the text does not exclude its occurrence in the relevant footnotes. References to authorities cited in the footnotes have not been indexed, but have been listed separately in the preceding section.

Ailesbury, Earl of 752 Aix 350 - - , Bp. of 619 Alba, Duke of 249, 524 Albermarle, Duke of 752 Albigenses 249, 524 Allegiance, see Oath Allen, Cardinal xiii All Saints Church, Hastings 96n. Alphonso VI, of Portugal 748 Alsop, Vincent xix America 694, 739 Amsterdam 282n., 454n., 680, 683, 699, 771 Ancram, Lady 734n. Anderson, Lionel, O.P. , alias Munson and Blount 454, pp. 527-9, p. 535 Anderton, Fr. Christopher, S.J . 334 Anderton, R. 213n. Anglice Notitia 707-9 Anglican Church 66; see also Church of England and Protestants, English Animadversions 324 Anne, Queen 725, 748 Annesley, Baron 752 Antwerp 164, 434, 675 - - , Plague of 104 Appeal to the General Assembly of the Chapter p. 531 Apprentices) Status of 32-3 Argyle, Earl of, see Campbell Argyll 697, 743 Armagh 207, 617, 619, 627 Arminians 16 Armstrong, Sir Thomas 331, 725, 739, 743-4 Arnold, John, J.P. 378n., 379; character 386; arrests Fr. Baker, S.]. 387-8; bogus attack on 519-20 Arran, Earl of 430n.

Arundel, Earl of, see Howard, Thomas Arundell, Henry, 3rd Baron of Wardour 135, 139, 274, 752 Ashby, Mayor of Bath 409 "Association," The: programme of 631-7, 660; remarks on 638-47 Aston of TixaU, Baron 162, 305, 416n. Atkins, Samuel xv Atkins, Fr. William, S.J ., trial of 417, 419-20 Auch, Archbishop of, see Baum de Suze Augustine, St. 16, 210 Aylworth, Fr. William, S.J . xvii

~

Baker, Fr. Charles, S. J . : character 385; imprisonment 387; trial 388 ; speech 389-403; execution 404; also 386 Baldeschi, Signor 619 Baltimore, Lord 54n. Bantam, King of 719 Bantry 619 Barberini, Cardinal Francesco 210n., 334, 617n. Barclay, William 71 Barker, Richard 105 Barlow, Thomas, Bp . of Lincoln xvi, 249, 318, 321, 323 Barnbow 473 Barrow, Fr. William, S.J., Rector of London District, see Waring, Fr. William, S.J. Bartlet 388 Barton, Fr. Richard 471, 590 Bassett, Richard 379-80 Bate, George 360n. Bath, Earl of 752


562

INDEX

Baum de Suze, Archbishop of Auch 444 Baxter, Richard xv Beaufort, Duke of 438, 520, 726, 752 Beckford, co . Gloucs. 454n. Beddingfield, Fr. Thomas, S.].: Windsor letters 107-8; character and death 167-9; also 282 - - , William 169 Bedford, Duke of 485 Bedlow, William: pamphlet in name of 55; character 160-1; witness against Coleman 184, 186, 188; against Ireland, Grove, Pickering 224; against Fenwick 224, 287 ; against Harcourt 224, 287, 290 ; against Hill 240; against Langhorne 332, 334, 341; against Wakeman 407, 410; against six priests 454; accuses Queen 196, 280; before H. of Commons 266; defended by 'E.C.' 325; accuses Scroggs 440; death 480; also viii, ix, 130, 245n., 268, 294, 322, 329n., 354, 392, 455, 517, 666, p. 529, p. 535. Belgium 43, 161, 182, 249, 257, 323, 451-2, 457, 461, 524, 584, 607, 739, 783 Bellarmine, Cardinal 745n. Bellasis, Baron ] ohn : imprisoned 139, 235; accused 274; set free 752 Bellomont, Charles Henry, Earl of 692 Benedictines and the Oaths xiv, 193-4; also 78, 105, 351, 410, 460, 551 Bentney, Fr. William, S.] . 692 Berkeley, John, 1st Baron 617 Bernard, St. 7 Berry, Henry viii, 237-8, 241-2 Beza 20, 649 Biddulph, Edward 416 Bilbao 99, 161 Birkett, Fr. John 471n. Bishops, Anglican: at Restoration 44, 46; attitude to Catholics 77; vote for York's succession 487; in Scotland, grateful to York 430, 452, 687 Blackbrook, Mon. 360n. Blacklo's Cabal xii, xiii Blacklow, Thomas xii; see also White, Thos. Blacklowism x Blatant Beast Muzzled, The p. 529 Blount, see Anderson, Lionel "Blue Nuns" v Blundell, informer 590 - - , Nicholas, S.]. xvii, 293n ., 299300

Bobbing, Kent 97 Bohemia 323 Bolron, Robert: witness against Gascoigne 455-7; against Thwing etc. 472-3; against Stapleton 665 Bonner, Bishop 416n. Booth, Henry 684 Borlase, Henry 173n. Boscobel 174n. Bouillon, Cardinal 619 Bowler, Fr. Hugh, O.S.B. xviin., 293n. Box 695 Bradly, John 284n . Brahall, Thomas 352n. Brechin, Bishop of 687 Bremen 282 Brent, Mr. xix Brill 520 Bristol 480, 485, p. 529 Broadstreet, Mrs. 240 Bromley, Baron 361 Bromwich, fr. Andrew 417-8, 420 Brotherton, Thomas of 584 Brown, constable 237 - - , Humphrey, S.]. 170-1 Brudenell, Baron 109, 126, 440 Bruning, Fr. Placid, O.S.B. 194 Brussels 291, 328, 426, 430, 517, 607, p. 527 Brydges, ] ames, Lord Chandos 451n. Buchanan, George 745 Buckingham, George Villiers, 2nd Duke of 584 ,Bully, John 330n., 679n. Bulstrode, Sir Richard 183n. Bunyan, ] ohn xv Burnet, Gilbert, Bp. of Salisbury xvi Bury St. Edmunds 141 Busby, Fr. George, S.] . x n., 667 Butler, ] ames, Duke of Ormonde: arrests Bp. Talbot 206; also xviii, 208, 210-2, 224, 618n., p. 524 - - , Thomas, Earl of Ossory 224 Cadiz 680, 683 Caen, ] ohn p. 528 Caius College, Cambridge, Oates at 97n. Calamy, Benjamin p. 540 Calatayud, Fr. Manuelo de, S.]. 115 Calendar, English 37 Calvin, ] ohn 16-9, 23, 80, 101, 1556, 210n., 282, 422, 431, 453, 649, 747; see also Calvinism and Presbyterians Calvinism 244, 746-7 Cambray 293, 466 Cambridge University 97-8


INDEX

563

Camden, William 25, 37 684; cleared of charges against 709, Campbell, Archibald, Earl of Argyle 777-84 ; also 23, 98, 103, 118, 155, 279, 282, 358, 386, 439, 461, 549, 55 1, 664, 770-2 Campian, John; alias of Maurice, 607, 649, 748, 750, 761 - - in Ireland: measures against D., q.v. 206-7; Talbot-Sergeant controversy Can, Sir Robert 485 Canterbury, Archbishop of 669, 687 208-13 - - , Provost of 681 - - in Scotland: peaceful condition of 205 Cape Verde 213 Capel, Arthur, Earl of Essex : con- Catiline 69n. spires against Charles 724, 739; com- Cavan, county of 619 mits suicide 741; also 602, 617 Caverley, James p. 527 Cardiff 378, 380 Cellier, Mrs . Elizabeth: character - - , Earl of 109 432-3; and Dangerfield 435-8; trial 462-5; and Wm. Lewis 483, 668; Care, Henry 448n. also xv, xvi, p. 522 Carey, Fr. John, S.]. 125 Chaize, Pere de la, S.J. 112, 135, Carlingford 619-20 159, 184, 186, 210-1, 332, 334 - - , Earl of 752 Challoner, Bp. Richard 286n. Carmelites 551 .... Carne, Fr. Charles (also Kerne) 416 Chamberlayne, Edward 325n., 707Carolina 697 9 Chancellor, Lord; see Hyde, Ed ., Carre, 'iVilliam 454n. and Finch, Heneage Carstairs, William 176--7 . Chandos, Lord; see Brydges, James Cary, witness 239 . Chapter, English Secular Clergy x, Caryll, John 786 - - , Fr. Peter, O .S.B.: letter of 293- xii, 45n., 194n., 195n., 213n ., 330n., 786n., pp . 531-2 8; seizure and release 299-300 Castlemaine, Earl of; see Palmer, Charlemont 619 Charles I 20, 22, 46, 49, 69-70, 98, Roger Catherine of Braganza: character 105, 135, 157, 249, 251, 282, 347, 83; accused concerning Plot 196, 280, 437, 517, 529, 648, 654, 670, 695, 407; legality of marriage to Charles 735-6, 745, 760 260-1; also 47, 50, 147, 163, 240, 280, Charles II : restor a tion of 43-4; 300, 329n., 409, 501, 517, 551, 607-8, religious policy 44, 51, 58-68; attitude towards Catholics 47, 80, 90, 629, p. 541 Catholic Peers; see Peers, Catholic 92, 149, 152, 157-9, 181, 224, 280, Catholics, in England (see also 427, 613, 628, 639; Catholics loyal to Persecution): general remarks 2-3, 22, 45, 53, 137; character of 50, 82, 785; Q. Elizabeth and 19, 72, 648; 761-2; and Parliament 56--8, 157-9, loyal to Chas. I 22; to Chas. II 22, 262, 276, 484, 593, 613; and Windsor 45, 53, 137; and Gunpowder Plot 22; Letters 107-8; and Oates 112--5, 199, Parlt. and 44; vote for Anglican 657-9; alleged attempts on life of Bps. 45; Charles II and 47, 58, 80, 105, 184, 196, 224-5, 256, 274, 288, 224, 648; laws against 47, 57, 158, 290, 352, 456, 460, 472, 525-6, 607, 197; held responsible for national 660, 665; and Rye House Plot 696disasters 53, 55, 488-9, 703-4, 709- 7, 699, 721, 724-5; orders York 11, 716-7; hostility to 72--6, 78-9; abroad 257-9; proposals concerning appeal to Chas. 80; attitude of Chas. Succession 277; pardons Dangerfield towards 90, 92, 149; accusations 463; and Presbyterians 648, 650; against 105, 130-1, 263, 346, 436-7, commission concerning ecclesiastical 519, 483, 524, 668, 677-8; condition benefices 669 ; orders deportation of of, under persecution 124-6, 159, priests 679; letter of Wm. Petre to 219, 447 ; petition to ban all 139; 751; statue to 754; death 760, 779; hostility to 131, 140-1, 465; measures profession of Catholicism 763-6; against 158, 197, 281, 667; pamphlets obituary by Fr. Cuffaud, S.J. 768; in defence of 244-9; opinion in favour also xvii, 12, 54, 67-9, 72, 77, 81, of 436, 518; in Lancashire 471, 590; 83-7, 89, 91, 98, 105, Ill, 125-7, houses marked 520; proposed de- 131-2, 134-5, 156, 163, 165, 167, portation- of 586; , Association' and 174, 178, 186--7, 191, 195, 197- 8, 631, 640; enquiry into property of 201-4:, 208, 223, 240, 24:5, 24U, 251,


564

INDEX

255, 260-1, 263- 6, 271-3, 277-8, 280, 288-91, 329, 346, 348-9, 357, 359, 378, 410, 414, 425, 428-31, 436, 4502, 454, 458, 461-2, 464, 467, 470, 485, 487-9, 521, 523-4, 535, 537, 549, 551, 564, 583, 592, 594, 597-8, 600-1, 605-8, 612, 614-6, 625, 629, 638, 640-4, 647, 656, 663, 680, 686-7, 689, 692, 695, 700, 708, 715, 719, 734, 738, 752-3, 756-7, 759, 767, 770-1, 773, 777, 782 Charles II of Spain 132, 168, 219 Chester 366, 454n. Chesterfield, Earl of 752 Chiffinch, William 240 Choomes, Lord 454n. Church of En~land: and Presbyterians 439; and James II 769; also 60, 765; see also An~lican Church and Protestants, En~lish Civil Wars 20, 46, 49, 57, 69- 70, 80, 105, 118, 151, 171, 209, 282, 291, 347, 549, 613, 657, 737 Clare, Fr. John, S.]. (vere Sir John Warner, Bart.) 328n., p. 541 Clarendon, see Hyde Clark, Ruth ix Claverhouse, John Graham of 423 Clay, Fr. Daniel, O.F.M. 294n. (trans.) Clay, Fr. Matthew, O.P. xviii, 294n. (trans.) Clement 392 Clypeus Septt3mplex 210 Coleman, Bl. Edward: trial and execution 183¡-8; also v, xv. 114n., 123, 132, 135, 144, 334, 407, 412, 415, 488, 524, 537, 626n. Colled~e, Stephen 101, 630, 658-9, 694, 742 Colle~e, English, Irish, Scots; see Rome Colombiere, Bl. Claude de la, S.]. 159n. Colonna, Principe 619 Combe, Herefordshire xvii Commines 71 Commons, House of, see Parliament Compton, Henry, Bp. of London xvi Coniers, Fr. George, S.J. 287, 534-5; see also Conyers Constantinople 451 Constitution, En~lish 5-7, 10, 1215, 155, 449, 745 Conyers, Fr. Augustine, O.S.B . 224 Cooke, Edward 325n. Cooper, Anthony Ashley, 1st Earl of Shaftesbury: character 68-9, 445-

6; speeches of 270-2, 489- 517 ; President of Council 272; Lord High Steward 276; has Gerard arrested 361; orders execution of Baker 388; influence on Monmouth 431: and Meal Tub Plot 436-8: and Oates 442; and Faction 155, 445; and Charles 446; issues pamphlets 448-9, 466; and Parliament 597, 602; in Tower 630; and 'Association' 631 ; release of 660; and election oÂŁ London Sheriffs 696 ; exile and death 699700; also 22, 41, 87, 164, 224, 245, 261, 284, 295- 6, 316, 329n., 527n., 333, 422, 453, 609, 668, 693, 721 , 741, 784 Coppin~er, Francis p. 52 7 Cork 619 Corker, Fr. James Maurus, O.S.B. xvi, 295, 334n. (trans.), 345n., 406, 410, 454, 626n. , 679n. , pp . 534-6 Corquelinus 191 Cortes 7n. Cottin~ton, Francis Baron 46 Council, Privy (in text Royal Council): and Oates 112-4, 756-7; prison governor's petition to 124, 214; hears Wakeman 127; Prance 163, 784; Caryll, O.S.B. 299-300; Sergeant 329; Scroggs 440-1 ; alteration of 272; York made member 753; also 46, 58, 85, 87, 165, 167, 185, 260, 277, 305. 408, 437, 452, 460, 462, 464, 520, 52~ 59~ 60~ 63~ 69~ 734 Council of Constance 392 Country Party; see ' Patriots' and Faction Court Party (in text 'Courtiers') 41, 57, 223, 450, 517, 521 Court, Royal, chief personalities of 82-93 Coventry 618 Coventry, Sir William 208n. Cradock 693 Craven, Lord 517 Cressy, Fr. Serenus, O.S.B. 46 Crewe, Nathaniel, Bp . of Durham xvi, 609n. Criminal Procedure 24-9 Croft, Herbert, Bp. of Hereford 387n. Cromwell, Oliver: and Shaftesbury 69; and Tonge 98; also 174, 517, 725, 727 - - , Richard 725 Crouch, Nicholas' 520n. Cuffaud, Fr. Edward, S.]. xvii, 768 Culcheth, Fr. William, s..J. xvi, 214, 366n.


INDEX

Dalmatia 589 Danb y, see Osborne Dan~ e rfield, Thomas: character 432-8; against six priests 454 ; against Castlemaine 460-1; against Mrs. Cellier 462-3 Darley, co . Chester 454n. D 'Avau x , M. 454n. Declarat ion of Indulgen ce: motives for 58; text of 59-65; views on 66-7; revoked 68 Declaration of Rebels in Scotland 422-5 Defence of the Catholics, see Vindi cation of the Engli sh Catholics Delamere, Lord 684n. Dennis, Fr. Bernatd, O.P. 527n. Derby 692 Dethlck 239 Digby, Sir Kenelm xii Digby, lawyer 105 Dissenters, see Penal Laws Dolben, Sir William 456n. Domestic Intelligence ix Dominicans 551 Dorset, Earl of 752 Douai 363, 416 - - , English College v, 454n., 471 - - , St. Bonaventure's 454n. - - University 209, 479 Dove, Mary 468 Dover 84, 284 Dowdall, Gerard 433n. Downing, William 464n. Dryden, John 69n., 454n., 631n., 766n. Dublin 206, 208n., 317, 617n ., 680, 683 Dubois 695 Duelly, Richard, D.D . 115 Duff, Matthew p. 527, p. 529 Duffy, Friar 619 Dugdale, Stephen: witness against Harcourt and Gavan 288, 309, 311, 319, 322; against Baker 392; against vVakeman, Rumley and Marshall 407; against Corker 407, 455; against Stafford 524- 7, 576, 585; against Colledge 6:58; also 162, 606, p. 535n . Dunblane, Bishop of 687 Duncannon 619 Dunkeld, Bishop of 687 Durham, Bishop of, see Crewe, and Morton, T. Durham College 98 Dutch, The 719; see also Netherlands Dutch Wars 52, 55, 67 Dyer, Andrew vi

565

Edin burgh 180, 195, 422, 690, 759, 771 - - , Bishop of 687 Edward I 584 Edwar d the Confessor 8 Edwar ds, Margaret 416 Elizab eth, Queen xiii, 19-20, 72, 41 6n ., 648 Elliot, Adam 317, 680-3 Ellis, John 618n. - - , Bp. Philip 78n. Ely 656 Englis h College, Rome; see Rome Escobar, Fr. 607 Essex, Lord; see Capel, Arthur Esterling, Sir Edward 378n. Evans, witness 239 - - , Fr. Philip, S.].: trial and execution 378-84 Evelyn, John 8n. Everard, Edmund 266n. Evers, or Ewer 288, 305 Exchange, Royal; see London Faction, The (see also Presbyterians): origins 19-20; Shaftesbury and 68, 155, 445, 516; and Catholics 72- 6, 130, 155, 519, 678, 721; and monarchy 155, 721; and York 165, 256-7; and Monmouth 425, 431; in Holland 430, 699, 743, 770; L'Estrange and 449; decline of 521, 592, 612, 674, 677, 686; and London 693, 695; and Scotland 759; and Rye House Plot, see Plot, Presbyterian; also xv, 41, 51, 66, 84, 115, 152, 164, 167, 190, 205, 246-7, 249, 251, 255-6, 272, 387, 427-8, 437, 439, 446, 448, 458, 463-5, 481, 547, 593, 604, 614, 617-8, 629, 650, 657, 663, 666, 67980, 683-4, 687, 702, 734, 778, 784 Falconbridge, Viscount 752 Falkland circle 46n. Fenwick, Fr. John, S.J.: capture 121; trial 224, 286-7, 296; execution 312-4; also 526 Ferguson, Robert 699, 725-6, 744 Fez, Emperor of 719 Fimbria, see Animadversions Finch, Heneage, Lord Chancellor 272n., 527; speech at Stafford's trial 528-64 Finchampstead p. 530 Fire of London, see London Fitton, Fr. 454n. Fitzgerald, John pp. 527, 529 Fitzharris, Edward 609-10, 613, 616, 618, 625-6, 629-30 - - , Mrs. 630


566

INDEX

Fitzroy, James, Duke of Monmouth: character 87-8; doubts of bastardy 260-1; in Scotland 425; and Charles 428-9, 724-5, 739; exile and return 430-1; in Belgium 739; rebellion 7701, 773-4; execution 775; also 41 , 153, 331, 436, 450, 602, 609, 678, 699, 743-4, 760, 770-1 Flails, Protestant 694 Flanders 132, 254n., 330n. Flixton Hall, co. Suffolk 459n. Floods in the Netherlands (1682) 675-6 Florus Anglo-Bavaricus p. 524 Fogarty, Dr. William 109, 121, 126, 210n. Franciscans, General Chapter of xiv; also 195, 363 Frankelin, or Franklin, merchant 161 Frankfurt-on-Main 19 Froment, witness 177 Fullers Rents, see London Gadbury, John 438, 462 .. Gage, Dr. Francis v - - , Sir Henry 731n.; see also Journo, P. - - , ] ohn, released 480 - -, Philip 454n. Galway, Bishop of 687 Garswood, co. Lancs. 361 Gascoigne, Fr. John Placid, O.S.B. 456n., 457 - - , Sir Thomas, Bart. x n., 472-3, 665; trial 455-7 Gatehouse Prison, see London Gavan, Fr. John, S.].: trial 286-8, 293-8; last speech 309-11; also x n., 319, 322, 329, 607-8 Gazettes, see Newspapers Gearnon, Anthony p. 527 Gee, Edward xv, xviii, xix Geneva 19, 155, 350, 442 Genoa 672 George, Prince of Denmark 47, 748 Gerard, Francis 361 - - , Sir Gilbert 260 Ghent 152, 328 - - , ] esuit seminary at 193, 328, 384, p. 522 Gifford (or Giffard), Dr. Bonaventure 194n., 195n. - - , Fr. Maurice 468 Gilbert, magistrate 667 Giles, John 520n. Glasgow, Archbishop of 687 Goddard, merchant 115 - Godden, Dr. Thomas 237-8, 240, 328n.

Godfrey, Sir Edmund Berry: Plot narrative submitted to llO, 346; character of Ill; murdered 129 - - , - - , murder of 128; London reaction to 130, 519; as part of Popish P lot 130, 150, 274, 291; Parliament investigates 134; Hill, Berry, Green accused of 237-43; Catholics cleared of 783; also 158, 160, 163, 188, 262, 288, 304, 312, 323, 524, 544 Godolphin, 'William 679n. Goodwin, ] ohn 745 G oring, Mr., M.P. 152n. G ough, Fr. Stephen, Congo Orat. v, 88, 161, 210n. Graham, see Claverhouse Gravesend vi; Mayor of xviii Green, Robert viii, 237-41, 243 Green Ribbon Club 73n. Gregory, Sir vVilliam 265 Grey, Anchitell 667 - - , Ford, Lord, of Werke 602, 680, 724, 739, 743-4, 774-5 Grimaldi, Cardinal 350 Grove, John : capture 121; trial 224; execution 227, 231; also 233, 237, 290 Guildhall, see London Guilds 33, 737 Hceresis Blackloance Hystoria 210 Hague, The 328, 454n. Haines 630 Halifax, Marquis of; see Savile, George Hall, Catherine, O.S.B. 293 Halley's Comet 589n. Hamerton, Fr., S.]. 121n. Hampden, John 724, 739, 758 Harcourt, Fr. Thomas, S.]., Provincial (vere VVhitbread): refuses to admit Oates to Society 102; foretells persecution 103; contracts plague 104; arrested by Oates 121; in solitary confinement 124; trial 286M; execution 296; speech 302; also v, viii n., 146, 286n., 291, 301, 333n ., p. 534 Harnage, H. p. 531 Harold, Thomas p. 527 Harrington, Fr. 454n. Harris, Benjamin 448n. Hartstonge, ] ohn, Bp. of Derry xviii, p. 524 Harvey, Fr. Edward, S.J.; see Mico Hastia, Cardinal 252 Hastings 97 Hatton, Charles 454n., pp. 533-5 Hatton, Christopher, 1st Viscount 454n., pp. 533-5


INDEX

567

Hay, M. V. ix, xviii, p. 530 Ingleby, Fr. Edward, S.]. 473, Haydock, George 358n. pp . 523-4 Hayes 460n. Innocent XI, Pope 136, 461, 607 Ireland vii Hebrides, The 771 Henrietta Maria, Queen 88n., 347 Ireland, Fr. William, S.].: imHenry, Prince 135 prisonment 121, 124, 189; trial 224-5; speech and execution 227-30; - - II 688 character 232; also 234, 237, 293, - - III (of France) 392 352, 354, 357, 779, 781 - - IV 492, 517 Ireland, Remarks on the Trial of Mr . - - IV (of France) 310, 392 291 - - VIII 16, 416n., 661 Irish College, Rome 627 Hereford 416 Heresies 72 Hesketh, Fr. James, O.S.B. 295, James I 10, 20, 22, 135, 347 467, 469, 679n. James II: character 89, 426, 431; Heveningham, Mr. 480n. and Windsor Letter 107-8; Jesuit Hildesheim 457. consult at palace of 114; Faction Hill, Laurence viii, 237-41, 243 against 165, 256- 7, 631, 634, 640, History of the English Persecution 642, 647, 696-7; and Oath of Alle(present work): intro. , passim; plan giance 195; ordered abroad by of 4; aim of 39 Charles 258-9; attack on succession Hobbes, Thomas 745 of 260-1, 278; returns to England Hobson, Fr. George 417 429; mission to Scotland 430, 663; Holbeck Hall, co. Notts. xvii and Scots Protestants 430, 452, 663, Holborn, see London 687; restored to favour 452-3; ac~Holden, Dr. Henry xii, xiii, 454n. cused of being a Catholic 466 ; Holland, see Netherlands Anglican bishops vote for 487; and Holloway, James 739 Commons 486-7, 586-7, 595, 612; Holmes, Abraham 774-5 Shaftesbury against 500-3, 505-6 ; Holywell, Oxford 454n. defended against Shaftesbury 516-7; Hone, conspirator 742 and city of London 597, 603; supHooker, Sir William 701 ported by Charles 606, 612; picture Howard, Cardinal Philip xi, xii, xiv, defaced 677; return from Scotland 194n., 274, 283n., 584 687; and Rye House Plot 724-5, 739, - - , Thomas Earl of Arundel 584 742; ship,vreck of 688-9; member of - - , William, Baron Escrick 629-30, Privy Council 753; succeeds Charles 724 759; embassy of, to Vatican 461,786; - - , Lady, of Escrick 329n. also vi, vii, xvii, 6, 8, 12, 41, 47, 55, - - , William, Viscount Stafford: 85-7, llO- I, 136n., 168, 195n., 261-2, imprisoned 139; trial 524- 64; speech 291, 359, 414, 425, 427n., 436, 451, and execution 563-83; ancestry 584; 454-5, 462-3, 480, 484, 488-9, 521-2, rehabilitation 585, 776; also xv, xvi, 551, 610, 629, 667, 690, 692, 701, 183n., 274, 416n., 459 715, 721, 731n., 748, 752, 757-8, 760, - - , Mr. 480n. 766-7, 770-1, 773-5, 777, 784 Hubert, Robert 704, 710-1 Jansenism x - Huddlesdon, Fr. ] ohn, O.S.B. 760n. Jenison,] ohn 350, 357 Hudson, Sir Thomas 456n. - - , Robert : accuses Fr. Ireland Hungary 589, 748 234, 357; accuses Thos. ] enison 352Hunter, Fr. Anthony, S.]. xvii; 7; becomes informer 350; against trial and death 467-70, 755 Wakeman 406-7 Hyde, Anne, Duchess of York 46-7, - - , Fr. Thomas, S.].: imprisoned 123; reproves apostate brother 350, 123, 183, 690, 747n. 352-7; death 358 - - , Edward, 1st Earl o~ Clarendon: Jenkins, Sir Leoline 454n., 739 character 46; and ] eSUlts 45; also -Jenks, Fr. Sylvester 213n., pp. 531-2 47, 98, 510 Jenyns, Roger 460 - - , Henry, 2nd Earl of Clarendon Jesuits: Hyde proposes to ban 45-7; 47, 595, 752, p. 530 hostility of non-Catholics and Catho- - , Laurence, Earl of Rochester 47 lics towards 73, 125, 159, 190-1, 216, India Company 719 303; Oates and 99-102, 105-6; Pro-


568

INDEX

vincial Congregation in London 100, 114, 116, 225, 305; and Plot 105, 125, 132, 135, 137-8, 146, 184, 186, 224, 287, 332, 346; Warner's defence of 138, 146; Gavan's defence of 310; repudiate Oaths 191, 193; reward for capture of 281, 667; English - in Belgium 217-222; publications against-Tonge's 322, Bishop Barlow's 323, Anonymous 324, ' E.C: 325; John Sergeant against 330; in Lancashire 590; property confiscated 684; seminaries and colleges, see place-names; martyrs, see individual names; also Ill, Il3, 163, 244, 326, 334, 347, 351, 427, 430, 467, 551, 631, 683 - - , General of; see Oliva and Noyelle John, King 136 - - , Don, of Austria II 2-3, 135 Johnson, Fr. Francis, O.S.F.; see Wall Jones, Rev. Thomas 747n. - - , Sir Thomas 456n., 457, 521 - - , Fr. William (of Monmouth), trial and acquittal 421 - - , Fr. William (alias Morgan), intrigue against 734 Journo, Philip (alias Gage) 731n. Karney, see Kearney Kearney, Donogh 352n. - - , Michael 352n. Keeling, John 739 - - , 10siah 739 Kemish, see Keymish Kerne, Fr. Charles (also Carne) 416 Kerouaille, Louise de, Duchess of Portsmouth 84--5 -!' Keymish, Fr. David 454, p. 535 Keynes, Fr. Edward, S.J. 54 - - , Fr. John, S.l. 194n., 608n., p. 524 Kilkenny 206 King of England : consti tu tional powers of 7, 10, 12-5; healing power of 8; honour paid to 9; proclamations issued by 12 King's Lynn 251 Kinsale 619 Kirby, Christopher (or Kirkby) 108, IlO, 126, 346 Knock Fergus 619 Knox, Thomas 440, 442 - - , John 442 Koningsmark, Count 678 Lacey, Fr. Richard, S.l. 284 Lambert, bellfounder 105n. Lamb8prin~ 454n., 456n., 457, 626n.

Lancashire: Persecution in 47]. 590; Jesuit seminary in 590 Lancaster Castle 471n. Lane, John 440, 442 Langford, Lord p. 535 Langhorne, Bl. Richard: trial 3323; speech 334-44; execution 345; also xvi, 123, 295-6, 406- 7, 440, 684n., pp. 533- 5 Larkfields 626n. Laud, Archbp. William 88n. Lee, Henry p . 540 Leicester Gaol 692n. Lestrange, Roger: his Observator 109, 131; exposes Faction 251, 253, 255, 449-51, 615, 652, 660, 686; defends Catholics 252, 254, 710- l; Oates's complaint against 756-7; against Oates 778 ; also vii, xv, xvi, 55n., 250n., 254n., 454n., p. 522 Letter from Amsterdam, A 244 Lettre escrite de Mons 244, p. 525 - - , Seconde 248 Levallyn, Mr. 352n. Levison, Fr. Francis, O.F.M. 363 Lewgar, Fr. John 54, 360n. Lewis, William 454n., 483, 668n., 734n. Leyburne, Fr. George, D.D . v, xiii, 209, 454n. - - , Bp. John 213n., 786 Leyden 743 Leyenberg, Sir John 710 Liege 103, 248, 287; Jesuit seminary at v, xii, 125, 218, 232, 358, 426n. , p. 522 Limerick 619 Lincoln, Bishop of, see Barlow Lisbon 680, 683; English COllege at 209, 454n. Littlebeck 362n. Liturgy, Anglican 44, 51 Lloyd, Capt. 161 - - , Bl. John 378, 382-3 Lobb, Fr. Stephen, S.J. xix 'Lominus,' author of Scutum Inexpugnabile 208, 210, 212 ; see also Talbot, Bp. Peter London: Citizens of: char acter 32, 36, 70, 93, 518, 670; great influence of 49; petition for Parliament 597-8; against Charles 601; charter of 603. Government of 33-4, 737-8. Lord Mayor 34-5, 245, 686, 695, 699, 7378, 744 (see also Moore and Ward) . Sheriffs: refuse to obey Charles 679; adhere to Faction 693; influence in Courts 693; election of new (1682) 695, 699-700. Magistrates, election of 738. Fire of 52, 135, 544, 702-4,


INDEX

707,709-17. Plot Persecution: state of Catholics in 70, 124, 129, 140; effect on trade of 518. Anglican Bishop of 669, p . .530. Sites and buildings: Clerk en well 454n.; Duke Street 468; Royal Exchange 735, 754; Fullers Rents 154n.; Gate House Prison 167; Gates of 446; Guildhall 196, 456n ., 677, 707; Holborn Bridge 707; Jesuit College 286, 303; London Bridge 181; Long Acre 469; Monument 702-3, 705-9; Newgate Prison 296, 353, 361, 392, 468, 784; Old Bailey 330n.; Primrose Hill 129; St. Bartholomew's Close 464n.; St. Giles' in the Fields 626n.; St. James's 114n., p. 529; St. Paul's 708; Savoy 454n.; Soho 237n .; Somerset House 196n.; statue of Charles I 735-6; statue of Charles II 754; Strand 114; Temple 714; Temple Bar 74; Temple Church 707; Tower of London 139, 269, 460, 485, 583, 630, 695, 707, 714, 743, 751-2; Tyburn 296-7, 784; Westminster 462, 466, 784, p. 530; Westminster Hall 80; Whitehall vi, 196n., 502, p . 529; White Horse Inn 114, 184, 224; Wild Street 121n. Lon~ Acre, see London Lon~ueville, Capt. W. p . 534 Lords, House of, see Parliament Louis XIV grants pension to St. Omers 221; also 168, 184, 186, 219, 221n., 617, 744 Louvain 328 -Lovel, Fr. F. p . 531 Lowick, Fr. Bennet 626n. Lowth 619 Lucas, Fr. Anthony, S.J . p. 522 - - , Hamet 680 Lu~ar, John, see Lewgar Lumley, Richard, 1st Earl of Scarbrough 126 Lumsden, Fr. Alexander 454 Lunebur~, Dukes of 282 ....., Lusher, Fr. Edward, S.J. 54 Luther, Martin 16, 210n. Lutherans 17 Lyme Re~is 773 _ Lynch, James, Archbp. of Tuam 115 Lyth, Matthew 362n.

569

Malines p . .527 Mallet, Michael, M.P. 1520. Mamorra 680 . 682 Mansell, Col. Roderick 437, 61711., 684n. Mansfield, Henry 734n. - - , James, Lord Chief Justice 4540 . Maresius 191 Maria Theresa, Empress 748 Mariana, Fr., S.J. 310 Marsh (also Marshall), Fr. William, O.S.B.; see Wall, O.S.B. Mary Tudor, Queen 9, 19, 78, 186, 249, 416, 442, 631 Maryland 54n., 289 Massey (also Moseley), George 366, 375 Maurice, David, see Morris Meal Tub Plot 462 sq. Meath, Bishop of 617n. Medburne, Matthew 154 Melbo, Sr., de 213n. Melville, George, 4th Baron 425 Metcalfe, Thomas p. 532 Mico (alias Harvey), Fr. Edward, S.J. 104, 121, 122 Middlesex Grand Jury 464n. Mildmay, Fr. Matthew, S.]. 173 Milton, John 745 Modestinus 137 Molyneux, Sir Vivian p. 541 Mona~han, County of 619 Monford, Fr. William, S.]. p. 523 Monin~ton, Lady 416 Monk, George, 1st Duke of Albermarle 43 Monmouth, Duke of, see Fitzroy - - , Lady 775 - - town 387, 421, 661 - Monta~u, Abbot Walter v, xii Montea~e, Mr. p. 535 Monument, The, see London Moore, J aIm, Bp. of Ely xviii - - , Sir John, Lord Mayor of London 671, 677, 718, 725 Moranville, M. 152n. Moravia 323 Morea 589 _Mor~an, Fr. J. p. 531 - - , The Rev. Samuel 779n. - - , Fr. William, S.J. 244 Morley, George, Bp. of Winchester 747 McCarty, Daniel 679n. Morocco 683, 719 Morris (also Maurice), David, inMacclave, Fr., informer 619 Macmoyer, Friar, informer 619 former x, 213n. , 330, 606-8 Madrid 112, ll5, 135, 247, 527, Morton (town) 388 Morton, Thomas, Bp. of Durham p. 527 Maidstone vii 209 Mairnbourll, Louis (olim S.J.) 631 Moseley, George, see Massey


570

INDEX

Mount Alexander, Hugh, 1st Earl of 7152 Mount~arret, Richard, 3rd Viscount 206 Mowbray, Lawrence, informer 455, 472-3, 665 Mulys, Mr. lIOn . Munson, see Anderson, Lionel, O.P. Muscovites 719 Napper, Edmund 454n. - - (alias Russell), Fr. William 454n ., 679n., p. 535 Narrative, Oates's; see Oates, Titus - - , Smith's; S.ee Smith, John. informer Needham, Dr. Richard 667n. Netherlands, The x, 52, 90, 132, 152, 228, 328-9, 430, 484, 488, ~86, 616, 664, 675, 678, 699-700, 739, 743, 770 Nevile, Henry 155n. Neville, Fr. Francis, S.]. 285 Newark 169 Newdi~ate, Fr. C. ., S.J. p. 537 New~ate Prison, see London Newmarket 224, 687, 727-8 Newspapers: references to contemporary events in 124, 219, 691; censorship of 458 Nierember~, Eusebius p. 541 Nonconformists 21; see also Penal Laws Norfolk, Duke of 584, 752 ' - - , Cardinal of'; see Howard, Philip North, Francis, 1st Baron Guilford viii n., 480-1, 521, 680, 682 - - , Sir Dudley 695 - - , Roger 73n., 480n. Nottin~ham 169 Noyelle, Fr. Charles de, S.]. 691 Oakham 96 Oates, Titus : opmlOns about 95 ; character of 96-7, 444; and Tonge 98; incapable of devising Plot on his own 98, 105, 333, 444; and Jesuits 99, 101-2; plot Narrative 105, 1I0, 346-8; his evidence sole proof of the Plot 106, 1I0, 126, 144; before Godfrey 110; before Privy Council 112-5. 408; before Parliament 135, 266; accusations refuted 116, 136-8, 1467,245,678; granted wide powers 121, 124; rewarded 153; as witness against Coleman 184-5, Ireland 224-5, 236, Hill 238, Lacey 284, Harcourt 286-7,

291-4, 309, 311-2, 322, Caryll 299300, Langhorne 332-4, 341, Wakeman 406-8, Corker 410, Russell 454, Castlemaine 460, Hunter 469, Stafford 524, 526-7, 539, 543, 576, Elliot 680-3, W. Petre 751, Queen Catherine 196, 280; Charles and Parliament at variance about 199, 203; D.D . of Salamanca 250; and Jenison 352-4; accuses Scroggs 415, 440; trial for sodomy 442; in disfavour 659,756-7; trial for perjury 777-82; also viii-xi, xvii, 94, 100, 108, 1I8, 125, 139, 145, 152, 154, 161, 167, 211-2, 220, 240, 253, 268, 282, 324, 329n., 356, 361, 365, 392, 435, 455, 461, 488, 517, 5H), 535, 545, 547, 606, 639, 666, 672, 684, 709, 750, p. 529, p. 535 - - , - -, parents of 95 - - , , Ieophyte' 731-4 Oaths of Allegiance and Supremacy: Fr. Warner and x-xiii, xvii; meeting of Chapter and Hyde 7n.; compulsory for Catholics 158; Catholics' opinion divided on 190-5, 377; Benedictine decree 194; also 219, 378, 387, 416, 418, 475, 517, 534-5 Observator, see Lestran~e, R. O~le, Lady (nee Percy) 678n. Old Bailey, see London Oliva, Fr. John, S .J.: opinion on Plot 125; alleged part in Plot 135, 137, 146, 184, 186, 332, 334, 526, 751; character and death 672; succeeded by Fr. de Noyelle 691; also 218 O'Neale, Capt. Con 619 - - , Niall 619 Oran~e, Prince of 47 Ordinations, Anglican 17 Orkneys 771 Orleans, Duchess of 84 Ormonde, Duke of; see Butler, James Osborne, William 440 , Thomas, Earl of Danby: character 85; and Catholics 86; and Coleman 183; charges against 198; before Parliament 266-8, 275; in Tower 269; released 752; also 41,106, 108, 110, 130, 204 Ossory, Thomas, Earl of; see Butler, Thomas Ostend 675 Oxford, Parliament held at 330, 517, 598, 601-2, 605, 613, 616; also 284, 659, 731n. - - , Earl of 752 - - , University of: censure of 745-6; also 98, 170-1, 601


INDEX

_

571

Padua 182 275, 278-9, 446, 483, 498, 505-7, Pal grave, Fr. Henry pp. 528-9 517, 530, 564, 570, 594, 606, 631, 650 Palmer, Roger, Earl of Castlemaine - - , House of Lords: expulsion of 438, 460; trial and acquittal 460-I; Catholic peers 139; attempt bribery ambassador to Vatican 461, 786 ; also of Catholic prisoners 154; hear Prance vii, xvi, 293n., 360n., pp. 522-3 266; and Oates's Narrative 346; re- -, F r. Raymund, O.P. 454n. ject motion of Commons against Pamphlets, Anonymous 223, 263 York 487-9; and trial of Stafford Papillon, Thomas 695 524; revoke Stafford's sentence 585, "Papists in Masquerade" 439, 776; discord with Commons 600, 609551, 726 11, 613; also 12, 67, 196-7, 208, 245, Paris v, vii, II 2-3, 1I6, 135, 170-1 , 267, 269-70, 275-6, 332, 481, 506, 184-5, 194, 21I, 247, 31.7, 41.4, 526, 517, 535, 564, 570, 593-4, 596, 638, 540, 548, 665 650-I, 656-7 - - , Faculty of Theology 190-1. - - , Scots: loyal to Charles and - - Massacre 249, 524 York 663-4; also 422, 770 - - , St. Edmund's College (O.S.B.) - Parris (or Parry), Fr. Charles 454, 194 697n., p. 535 Parker (alias Culcheth), Fr. William, Parsons (or Persons), Fr. Robert, S.J. p. 522 S.J. xvn., 654n., 745n. Parliament, English : general obser- 'Patriots' (or Country Party): opvations 10-15; hostility to Catholics posed to Court party 57, 223; hostile 45; against Charles 56, 67, 152, 158, to Catholics 57 199-203, 264-8, 276, 279, 586-8, 593, ' Payne, Nevile xix 596, 599, 613; hears Oates" 135; Peers, Catholic; see Plot, Popish verdict on Plot 139, 142-7; and exePemberton, Sir Francis 456n. cution of priests 201; protect Oates Pembroke, Philip, Earl of 752 203, dissolved (24 Jan. '79) 204; Penal Laws against Dissenters: meets again (6 March '79) 262; dis- origins 648-9; abolished by Charles solved (summer ' 79) 278-9; hears 61, 66; reinforced 648 Sergeant 330; petitions for new sesPenketh (alias Rivers). Fr. John, sion 450, 597-8 ; sessions deferred by S. J. 471, 590 Charles 451; meets again (21 Oct. '80) Penn, William xv 484; Charles's policy towards 593; Pennington, Mrs. 590 against York 595; dissolved (18 Jan. Pepys, Samuel xv '8 1) 598; meets at Oxford 601-2, Percy, Lady Elizabeth (later Lady 605-6; and citizens of London 603 ; Ogle), wife of Thos. Thynne 678 discord between Lords and Commons Perkins, Christopher, olim S.J. 190n. 600, 609- 1I, 613; dissolved (28 March Peronne, Cardinal 190 '81) 612-4; summoned by James II ,-Perrot, Dr. John 194n., p. 531 770; hears Stafford's case 776; also 22, Persecution (see also Catholics ; 43-4, 52, 80, 85, 91, 103, 105- 6, 126, Jesuits): general remarks 2-3, 41-2, 132, 134, 148, 153, 155, 157, 165, 351; causes of (i) religious 72, 75-6 169, 172, 186, 196, 198, 211-2, 219, (ii) fear for property 78 (iii) personal 223, 245, 256-7, 263, 277, 282, 328, advantages 84, 86, 88, 90-2; pretexts 346-9, 410, 437, 449, 460, 472, 483, for 2, 94; first outbreak of 80, 121; 485-6, 488, 504, 512, 516-7, 521, citizens of London 93 ; violence of 526-7, 564, 570, 594, 616, 639, 641, 123-4, 159; conditions of Catholics 644, 655-7, 708-10, 740, 745, 752, 773 during 124-6, 159, 219, 447; in Ire- -, House of Commons: hears land 206-7; apart from Plot 365-6; Oates, Tonge and Bedlow 266; charges in Lancashire 471, 590 against Catholic peers 274, 276; Persons, Fr. R., S.J.; see Parsons attack on succession 485 487 612' Peterborough, Henry Mordaunt, anti-Catholic policy 488-9, 586; and 2nd Earl of 752 Stafford 524; against Charles 586-8 Peterson, Laurence 710 . h . S t d' Petre, Fr. Edward, S.J. XlX, 123, 593 , .595-6: 600',eaI~ ergean an 284n., 361n. MorrIS 607, quar~el WIth H .. of !--ords _ _, Fr. Robert, S.J.: imprisoned 600, 609-11, 613, and publicatlOn of 417; set free 481 pamphlets 651; also 12, 80, 146, 155, - - , William, 4th Baron 135, 139, 274, 293n., 751 162, 196-7, 199, 245, 264-5, 267-8,


572

INDEX

Peyton, Sir Robert: arrest 438; Plunkett, Bl. Oliver : imprisonment acquitted 459 207; trial 616-8; speech 619-24; Pforzheirner, Carl H. 183n. execution 626; character 627-8; also Philip II of Spain 9, 416n. 454n. , 527n. - - IV of Spain 46 Plymouth, Charles Fitzcharles, 1st Phillips, John ix, p. 540 Earl of 86 Pickerin~, Bro. Thomas, O.S.B. : Poland 4, 155, 654 imprisoned 121; trial 224-6; execuPollock, Sir John vi, xvii tion 235-6; also 237, 290, 410, 626n. Pont- a-Mousson, Jesuit seminary Pierson, informer 454n . at 168 Pilkington, Sir Thomas 701- 2 Pontoise v Plague, The 52, 54, 104-5 Poole, Sir James, Bart. 170n. , 210n. Plat, Margaret 366, 374 Poole Hall, Cheshire 170n. Plato Redivivus 155-6 Portallegre 213 Pies sick, Mary 472 b Portman, John 350n.; see also Plessington, Fr. William: trial 366- Smith, John, informer 8; speech 368-76; and Oath of Portman, William 350n. Allegiance 377; also 213n., p. 522 Portsmouth, Duchess; see KerouPlot, Gunpowder 22, 190 allIe, Louise de - - , Popish (see also Oates, Titus) : Portugal 213, 289 general observations 3; origins of 98, "f'" Postgate, Fr. Nicholas 362 105, 210-3; Oates, Tonge and Kirby Powell, John 131 Power, Richard, Earl of Tyrone 752 98, 126; Oates incapable of devising 98, 105, 333, 444; and Sir R. Barker Powis, Countess of: imprisoned 438; 105; Oates's Narrat'ive 105, 346, 110; acquitted 459; also 731n. Godfrey informs York of 110; and - - , William Herbert, 1st Marquis Jesuits 105, 132, 135, 137-8, 146, of: accused 135, 274; imprisoned 139; 184, 224, 287, 332, 346; Windsor release and rehabilitation 752 Letters and 107-9; Oates and Privy Powtrell, John 667n . Council 112; Oates refuted 113-6, - - , William 667n. 136-8, 146-7, 288, 300, 346; Privy Prance (alias Townsend), Charles Council discuss 121; doubts con163n. cerning 125, 149, 316, 436; Court - - , Miles: witness against Catholics alarmed by 125; Catholic peers 163; against Hill 239-40; against charged with 126, 139, 274, 276, 459; Waring 289; before Privy Council 163; before House of Lords 266; . Parliament informed of 132-3, 262; Parliament hear Oates 135; verdict sentenced for perjury 783-4; also vi, of Parliament 139, 142-7; general xvii-xviii, p. 535n. alarm 140-1; public belief in 150-1; - -, Thomas 163n. attemps to bribe prisoners 154; Presbyterians (see also Faction and Queen accused of 196; York accused Plot, Presbyterian): general obserof 256; Shaftesbury and 444; also 99, vations 18, 21, 649; development 19105, 107-8 21; Warner's use of term xv, 21, 23; - - , Presbyterian (Rye House and London riots 49; and Declaration Plot): first suspicion of 436; Shaftes- of Indulgence 58, 64, 66; hostility bury and 696 ; plans of conspirators to Catholics 72-6, 461, 519; hostility 696-8, 725-6; English and Scots con- to Anglicans 72; support for Durham spirators 696-8; code-language of College 98; befriended by Charles 722-4; attempt at Rye House 727-8, 151-2; in Privy Council 272; in Scot730; discovery and punishment of land 422; 'true Protestants' 649, conspirators 739-43; public rejoicing 694, 712, 773; pamphlets of 651; 744; also xvi, 74, 177, 180, 251, 485, opposition to ideas of 652-7; also 39, 503 43, 51, 77, 93, 118, 157, 180, 253, - - , Protestant; see Plot, Pres279, 286, 346, 405, 422, 436-7, 447, byterian 450, 648, 730, 750, 760 - - , Rye House; see Plot, PresPreston, Mark 146 byterian Price, witness 388 Plot, A Further Discovery of the - - , Fr. Ignatius, S.J. 172 (pamphlet by Lestrange) 253 Pride, CoL Thomas 96 Plot, A Full and Final Proof of the Priests: hiding places for 174; re(pamphlet by 'E.C:) 325 wards for capture of 281; order for


INDEX

banishment of 679; see also Catholics, Jesuits, etc. Primrose Hill, see London Priscillianists 323 Pritchard, Sir William, Lord Mayor of London 725 Privy Council, see Council, Privy Pro, Fr. Miguel, S.]. viii Protestants, English (i.e. Anglicans): and Declaration of Indulgence 66; tolerant toward Catholics 77, 487; and Plot 151; and Presbyterians 439, 551, 649-50, 726; also 23, 47, 58, 72, 98, 447, 488, 549, 586-7, 659 " - - , True," see Presbyterians Pugh, Fr. Robert xii, 123, 213n., 360 ' - - , Fr. William Charles, O.S.B. 360n . Pulton, Fr. Charles, S.J. pp. 522-4 Punishments, Legal 29-31

573

of

Rookwood, Ambrose 328n. Roper, William : imprisoned 126 ; released 459, 480 Roscommon, Wentworth Dillon, 4th Earl of 752 Rotterdam 675 Rouen 161, 710-11, 778 Rouse, conspirator 630, 661 , 742 Royalists, see Court Party Rumbold, Richard 177n., 727, 729, 743, 772 Rumley, Fr. William, O.S.B. 295, 406, 410 Rumsey, conspirator 725 Rupert, Prince 710 Russell, Bp. Richard 213 - - , Lord William: proposes exclusion bill 485-7; and Rye House Plot 724; arrest and execution 73942; also 265, 564 - - , Fr. William: see Napper Russia 719 Rye House Plot 721 sq.; see also Plot, Presbyterian

Ramos, Fr. Domenico, S.J. ll5 Ratcliffe, Earl of 135, 146 Ratcliffe, co. Warwick v Reading, Nathaniel viii n . Reeves, John 362n. Religion in England, survey of 16 19-20 Reresby, Sir John 114n., 427n., 678n. Restoration, England at 48 Retz, Cardinal de 317 Revolutionaries, procedure of I Reynolds, John p. 527 Rich, Peter 695 Richardson, Captain 163n., 240 Richmond, Duke of 46 Rider, S. p. 531 Rinuccini, Archbp . Giovanni Battista p . 528 Risley, Justice of the Peace 471 Rivers, Fr. John, S.J.; see Penketh, Fr. John Robinson, Sir John 152n. - - , Thomas 238 Rochester, Earl of; see Hyde, Laurence Rochester, port of 783n. Rome xi, xii, 100, 125, 194n., 2IOn., 225, 237, 350, 385, 416, 461, 619, 665, 672, 680-1, 683, 691-2, 786, p. 527 - - , English College 122, 170, 330n., 350n., 364n., 385, 416, 471 , Irish College 627 - - , Scots College 681

Sackvile, Mr. 152n. St. Andrea, Jesuit Seminary at 385, 672 St. Andrew's, Archbishop of 422, 687 St. Edmund's Convent, Paris O.S.B. 194 St. Germain, Fr., S.}. v St. Germain's vii St. Ghislain 152 St. John's College, Cambridge 97 p. 529 St. Omers 99-102, 112, 116, 121, 184, 211, 247, 293, 322, 540, 680, 779 - - , } esuit Seminary at vi, 99, 116, 122, 125, 146, 161, 168, 219-21, 2323, 284, 287, 292-3, 358, 366, 461, 471, 479, p. 522 - - , Bishop of; see Baum de Suze Salamanca 250 Sallee 680, 682-3 Sallust 69n. Sancroft, Archbishop 183n. Savile, George, Marquis of Halifax 442, 487n., 595, 726 Savoy, Duke of 497 Saywell, Thomas 679n. Scarisdale, Earl of 752 Scilly Isles 679 Scrofula (" the King's Evil ") 8 Scroggs, Sir William, L.C.}.: character 117; and Catholics 126, 178, 187, 226, 291, 293, 412-3, 417-8; presides at trial of Staley 178; -

Queen, The; Braganza

see

Catherine


574

INDEX

Coleman 187; Ireland 224; Stapleton, Fr. Benedict, O.S.B. 410 Harcourt 286-7,291, 293; 'iVake- - - , Sir Miles, Bart.; trial 472-3, man 417-20; Kerne 416; 665-6 Bromwich and Atkins 417-20; before - - , Fr. Thomas, S.J. xvi, 125, Parliament 201; attacks Oates 408; 654n. , pp. 522-4 Dangerfield 463; accused by Starkey, 1:' r. Henry; trial 454-1 . Oates 440-1; accused by Parliament p. 535n. 521- 3, 596-7; relieved of office 523; Stewart, Sir James 430n. Stillingfieet, Bp. Edward 525 also 238n., 240, 456, 461n., 661 Scroope, Mr. 331n. Stockholm 710-1 Scutum Inexpugnabil e F i d ei, by Storey, Bl. John xv n. , Lominus ' (q.v.) 208, 210 Strafford, Thomas Wentworth, Earl of 517 Ser~eant, John: and Bishop Talbot 208-13; on the Continent 328; before Strand, see London Privy Council 329; before Commons Strange, Fr. Richard, S.J. 99 330, 606-8; under government proStreet, Sir Thomas 667n. tection pp. 527- 30; later career of Strin~er, witness 239 pp. 531-2; Fr. Warner and v, x- xiv, Stuart, James; see James II xvii-xviii; also 454n. - - , Mary, daughter of James II 47 Seymour, Sir Edward 264, 521 Supplication, pageant of 72-5 Shaftesbury, Earl of; see Cooper Sussex, Earl of 9 Sheldon, Mrs. Catherine 433n. Sutherland, N., witness against Sheppard, conspirator 725 Staley 176 Shireburne, Fr. Joseph, O.S.B. 194n. Swallowfields, co. Berks. p . 530 - Short, Dr. Thomas 427n. Shrewsbury, Earl of; see Talbot Sidney, Algernon: and Rye House Talbot, Charles, Earl of Shrewsbury Plot 724; arrest 739; trial 740; execu- vii, 126 tion 741; also xvi - - , Gilbert, Earl of Shrewsbury - - , Henry 329n. 584 - - , Bp. Peter (see also 'Lominus'): Simmons, Thomas 325 Simons, James, released 480 dies in gaol 206-7; and Sergeant 208, 210; supposed part in Plot 210-2; Sin~leton, Fr. P. p. 532 Skipwith, Mary, witness against also v , xvii, xviii, 126n., 617n. Gavan 329n., 607 - - , Richard 206 Smith, Francis (' Elephant ' ) 448n. Talbott, Sir John 752 - - , John (vere Portman, q.v.), inTangier 98, 484, 488, 586- 7, 594, 613, 678n., 748 former: and Jenison family 350; his Narrative 359; witness against Col- Tanner, Fr. Matthias, S.J. vi, 172 ledge 658; Stapleton 665; also Tanner MSS. (in Bodley) p. 52 7 xviii, 130, 357, 358n. Tasborough, Richard 459 - - , Fr. N., imprisoned 123 ... Taylor, The Rev. Dr. 115 - - , Richard, Bp. of Calcedon xiii Teckel 748 - - , William, M.A . 96-7, 130, 240 Tempest, Lady (nee Gascoigne) 472Soho, see London 3 Somerset, Henry, Marquis of W or- Temple, The, see London Tenison, Thomas, Archbp. of Cantercester 595 Southwell, Sir Robert 109n. bury xviii, p. 524 Spain 484, 586, 680 Thanet, Earl of; see Tufton Theobalds 177n. Sparta 654 Thin, Thomas; see Thynne Sprat, Bp. Thomas xvi, 724n. Stafford, Edward Viscount 584 Thomason Tracts 454n. - - , William Viscount; see Howard, Thompson, Sir E. M. p. 533 William - - , Nathaniel 180, 694n. Stafford town 162, 361n., 363, 417, Thwing, Fr. John: trial and execution 472, 478; speech 473-9 661, 743 Staley, William (senior) 176 Thynne, Thomas 131, 678 - - , - - (junior): trial 176-8, 180; Tichborne, Sir Henry, Bart. 186, execution 179; burial 181; biography 459 Tierney, Canon M. A. 45n. 182


INDEX

Tixall 305, 548 Tonge, Dr . Ezerel: character 98; originator of Plot 98, 105-6; and Oates 126; death of 101; author of 'W indsor Letters 109; before House of Commons 266; attack on Jesuit speeches 321-2; also x, xvii, 1l0, 167, 2ll, 330n., 639, 672, 710 - - , Simpson xvii, 98, 109 Topsham 99 Toulouse 249, 525 Tower of London, see London Townley, innkeeper, dies in gaol 126 Transubstantiation 219 Transylvania 323 Treasury, The: accusations against 56-7, 196; Danby and 85; Presbyterians and 199-200; appropriates property of Catholics 684; also 130, 263 "Trimmers" 686 Tuam, Archbishop of; see Lynch, James Tufton, Earl of Thanet 684 Tulse, Sir Henry 701 Turberville, Edward: witness against Stafford 524, 526- 7, 576, 585; also 606 Turkey Company 451n. Turks 748 Turner, Fr. Anthony, S.].: trial and execution 286-7, 295-6; speech 305-8 Tyburn, see London Tyrone, Earl of; see Power, Richard

575

Wakeman, Sir George Vl11 n ., 127, 224, 290, 295, 406-8, 414-5, 440 - - , Fr. Joseph, S.J. 103n. - - , Joyce 454n. Walcot, Thomas 699, 741, 743 Waldensians, see Valdensians Wales: St. Winefride's College 171, 385 ; St. Xavier's College 171 Wall, Fr. John, O.S.F. (alias Johnson, Francis) : trial and execution 364-5; also 454n. - - , Fr. William, O.S.B. (alias Marsh, Marshall) 295, 364n., 406, 410-2, 454, 679n., p. 535 Waller (senior), William 282 - - (junior), William: character 282; also 169, 437, 680 Walmesly, Anne 85n. Walsh, Peter (olim O.F.M.) 454n., pp. 527-30 Walworth 354, 357 Warcup, Sir Edmund 437n. Ward, Seth, Bp. of Salisbury xvi - -. Sir Patience: anti-Catholic inscription on Monument 704, 709-10, 716; also 701-2 oft!!' Waring, Dean of Secular Chapter p. 531 - - , Fr. William, S.J., Rector of London District (vere Barrow): imprisoned 286-7; trial 289-91; speech and execution 296, 303-4; also 323, 407 Warner, Fr. John, S.J.: biography v sq.; Rector of Liege 125n.; instructions concerning Oaths 193; Vice Ulster 619-21 Provincial 218-21, 284; Lettre de United Provinces, see Netherlands Mons 244, 246, 248; Anti-Fimbria Usk 387-8, 404n. 324; Vindication of the English Catholics 346; notes to 'A' text pp. 522-6; bibliography pp. 537-41 ; tables of contents to History pp. 54251; also 8n., 210n., 426n., 454n., Vade, James ix, p. 540 691n., 731n., 745n., 747n. Valdensians 249 Valladolid 99, ll2, ll5, 146, 161, - - , Fr. Sir John, Bart., S.J.; see 527 Clare, Fr. John, S.J. - - , Jesuit Seminary 161, 168, 366, Warner, Robert v Watson, Dr. R. 747n. 384 Vavasour, Fr. William, S.J. (alias Watten, Jesuit Seminary at 99, ll6, Gifford) 174n. 122, 168, 222, 471, 667 Venice 4, 155, 323 Weld, Humphrey, M.P. 152n. Venner's Rising 151n. Welden, Mr. 1l0n. Vernatti, Philiberto xvii, 240, 783 Wentworth, Lady 775 Vienna 748 West, conspirator 739 Villiers, George, 2nd Duke of West Grinstead 293n. Westminster, see London Buckingham 784 Vincent, innkeeper 239 Westmorland, Earl of 752 Vindication of the English Catholics Weston, Sir Richard, Bart. 521 Wexford 619 346 Whigs 318n., 329n., 345n.; see also Vizeu 213n.


576

INDEX

Country Party; Faction; Presby terians Whitbread, Fr. Thomas, S.J., Provincial; see Harcourt, Fr. Thomas, S.J. Whitby 362n. White, Thomas 360n. ; see also Blacklow, Thomas White, conspirator 630 White Horse Tavern, see London Whitehouse, J olm 329n. Wilkinson, Jane 454n. William III, Prince of Orange 47 Williamson, Sir Joseph 98, 197 Wilson, James 352n. Wimbledon 108 . Winchester, Bishop of p . 527 - - , Marchioness of 584 Windsor 107, 184, 274, 290, 352, 427, 429, 612, 730 "Windsor Letters" 107-9 Wood, Anthony ix n., 293n., 360n. - - , Robert 366

Worcester, Marquis of: see Somerset, Henry - - , Marchioness of 352n. - - , town 45, 131, 174, 347, 760 Worsley, Fr. Edward, S.J. 434 Wren, Sir Christopher 125n. Wren, Mr. 163n. Wycliff, John 16, 348 Wytharn, C. p. 531

Yarmouth 687 Yaxley, T. p. 531 York, Duchess of; see Hyde, Anne - - , James, Duke of; see James II York, city 359, 362, 472 Youghal619 Young, Ignatius p. 528 Zamorra 161 ZwingU 16


THE FORTY-SEVENTH, FORTY-EIGHTH AND FORTY-NINTH REPORTS OF THE

<tatbolic 1Recor~ $ociet)2

FOR THE YEARS JUNE I ,

1950, to MAY 31, 1953

Together with the List of Officers, New Constitutions , Accounts for 1950/51 and 1951/52, &c.


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NOTICES Members are asked to call the attention of their friends to the Society and its work. Transcripts of suitable documents, together with the loan of the originals for the purpose of collation, are invited . Offers of help in transcribing documents, especially in the Public Offices and Libraries in London, where the greater part of the documents relating to the country are stored, will be very welcome. Parish Priests are especially asked to provide copies of old registers in their custody, or to give facilities for this being done. The transcription should always be complete and without modification. The Society's " Directions for Transcribing and Editing Documents for the Press" will be forwarded on application to the General Editor, 33, Wilfred Street, S.W.I. Members desirous of paying annual sub. criptions through their bankers can be supplied with a " Banker's Order," on application to the Bursar, Rev. Joseph . Callanan, St. Joseph's College, Mark Cross, Crowborough, Sussex. It is requested that corrections in names or addresses be kindly notified to the Secretary as soon as possible.

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Ube <.tatbolic lRecorb $ocietl? FOUNDED JUNE lOth, 1904 PATRONS HIS EMINENCE THE CARDINAL ARCHBISHOP OF WESTMINSTER HIS GRACE THE ARCHBISHOP OF BIRMINGHAM HIS GRACE THE ARCHBISHOP OF LIVERPOOL HIS GRACE THE ARCHBISHOP OF CARDIFF

PRESIDENT THE RIGHT REVEREND JOHN HENRY KING, D.D., Ph.D~, LORD BISHOP OF PORTSMOUTH

VICE-PRESIDENTS MOST REV. DAVID MATHEW, M.A., Litt.D., F.S.A., F.R.Hist.S. BRIGADIER THOMAS BYRNAND TRAPPES-LoMAX, C.B.E.

COUNCIL (Elected) FR. GODFREY ANSTRUTHER, O.P., B. es SC. Hist. A. C. F. BEALES, M.A. FR. ALPHONSUS BONNAR, O.F.M., D.D., S.T.L., M.Sc. FR. HUGH BOWLER, O.S.B., B.A. FR. HOWARD DOCHERTY, O.F.M., B.A. FR. BERNARD FISHER, M.A. FR. BASIL FITZGIBBON, S.]. FR. LEO HICKS, S.]. W. A. PANTIN, M.A., F.S.A. E. E. REYNOLDS, ].P. CANON R. E. SCANTLEBURY A. C. SOUTHERN, Ph.D. , B.A.

TRUSTEES CAPTAIN WILLIAM DE GEIJER REV. GORDON ALBION, D.Sc.Hist., B.A., F.R.Hist.S. F. W. CHAMBERS, K.S.G., M.A.

Honorary Officers (On Council ex officio) Han. Bursar and Secretary REV. JOSEPH A. CALLANAN, M.A., St. Joseph's College, Mark Cross, Crowborough, Sussex

Han. Recorder M. R. TRAPPES-LoMAX, OMERSET HERALD

Han. Legal Adviser GEORGE

BELLORD

Han. Librarian ANTONY FRANCIS ALLISON, B.A.

MESSRS. COUTTS

Bankers & CO., 440,

STRAND, W.C. 2


Constitutions 1.

NAME.

The name of the Society is THE CATHOLIC RECORD SOCIETY.

2.

OBJECT. The object of the Society is the advancement of education in connection with the history of Roman Catholicism in England and Wales since the Reformation (which history is hereinafter referred to as the Special subject).

3.

ACTIVITIES . The object of the Society may be given effect to by all or any of the following means so far as the same are charitable namely(a) The provision and preservation for the use of students of books manuscripts and other documents relating to the special subject or some aspect thereof and the provision of facilities for studying the same (b) The provision of public lectures on the special subject or some aspect thereof (c) The collection editing and publication of documents relating to the special subject or some aspect thereof and (d) Any other lawful charitable means.

4.

MANAGEMENT. The affairs of the Society shall be managed by a Council consisting when complete of twelve elected members three trustees and five honorary officers viz. the Recorder Bursar Legal Adviser Librarian and Secretary-four members of the Council forming a quorum and the Council being entitled to act notwithstanding vacancies in its number. The Council shall have power to appoint a President and VicePresidents. The Council shall also have power to elect members to the Society by a bare majority of the members of the Council present at a meeting and power to terminate the membership of any member without assigning any reason by a majority of not less than three quarters of all the members of the Council.

5.

ApPOINTMENT OF COUNCIL. Officers shall be appointed by the Society in General Meeting. They shall hold office for one year. and be eligible for re-election. One third of the twelve elected members of the Council shall retire each year by rotation and shall be eligible for re-election. Elected members of the Council shall be elected by the Society in General Meeting. Nominations for appointment as elected members of the Council shall be sent to the Secretary fourteen days before the Annual General Meeting. Only Roman Catholics shall be eligible for membership of the Council. The Council shall have power to fill a casual vacancy either among the officers or among the elected members and any person appointed to fill a casual vacancy shall hold office for the period for which the person whose vacancy he fills would have held office.

f}.

TRUSTEES . The Trustees shall be appointed and may be removed by the Society in General Meeting. It shall be their duty to hold the invested funds and property of the Society.

4


CONSTITUTIONS

5

7.

MEMBERSHIP. Membership shall be open to individuals learned societies libraries religious communities and other bodies whether corporate or unincorporated. Such bodies shall be entitled to exercise voting powers vested in members by their Librarian or Assistant Librarian or any other person nominated by such body for the purpose.

8.

SUBSCRIPTION. The annual subscription for each member is Two Guineas or such other sum as the Society in General Meeting may from time to time determine payable in advance on June 1st in each year. Every member whose subscription is not in arrear shall be entitled to receive one copy of each publication which may be issued by the Society during the year without further payment but the Society shall not issue free to members publications whose cost to non-members is substantially in excess of the annual subscription for the year or years in respect of which the publication is issued so as to confer a benefit on any member greater than is common in the case of agreements to purchase books prior to publication. A member wishing to resign from the Society must inform the Bursar or the Secretary before June 1st otherwise he will be liable for his subscription due on that date for the ensuing year. A member whose subscription is two years in arrear shall cease to be a member and shall not be re-admitted until all arrears have been paid.

9.

GENERAL MEETINGS. An annual meeting of the Society shall be held of which at least seven days notice shall be sent to all members who have supplied the Secretary with an address in the United Kingdom. Members who have not supplied such an address shall not be entitled to receive any notice of meetings. An extraordinary general meeting may be called at any time by the Council. At least seven days notice stating the object of the meeting shall be given to all members who have supplied the Secretary with an address in the United Kingdom. Voting at any general meeting of the Society shall be exercisable only by members present in person or by the bodies referred to in Rule 7 by their representative in person.

10. AUDIT. The Bursar's accounts shall be audited by a member of the Society or by a professional accountant appointed by the Council at the close of the financial year which expires on May 31st. 11. PROPERTY. The property and income of the Society shall be applied solely to the object of the Society and no part thereof shall at any time be applied for any purpose which is not a lawful charitable purpose. Provided that this rule shall not prevent the payment to any officer or servant of the Society of reasonable remuneration for services actually performed by him on behalf of the Society. If the Society shall be dissolved it shall before dissolution and after discharging or providing for its liabilities if any procure that its surplus assets if any are effectively settled upon a charitable trust for the advancement of the Roman Catholic religion.


THE FORTY-SEVENTH, FORTY-EIGHTH AND FORTY-NINTH ANNUAL REPORTS The Council has pleasure in presenting to the members of the Catholic Record Society the following Annual Reports. Since our last Reports, dated March 1949, the Society has issued Volumes 45 and 46 (Nicholas Harpsfield's Visitation Returns, 1556-1558, edited by the Rev. Leonard E. Whatmore, M.A.) and Volume 47 (the Jesuit Father John Warner's Persecutionis Catholicorum Anglicance et Coniurationis Presbiteriance Hystoria, part I, edited by Professor T. A. Birrell of Nijmegen University, with an English translation by the Rev. John Bligh, S.J., of Heythrop College). The next volume will be Part II of Warner's work. On 13th November 1951 the Annual General Meeting was held at the London University Catholic Chaplaincy, 13 Devonshire Place, W.l. The Hon. Secretary-Bursar had reported at the Annual General Meeting held in 1950 that the rise in the cost of printing and binding meant that the Society was losing on every volume issued, and must therefore increase its income or cease ' production. That Meeting had empowered the Council to explore and carry through every practical means of augmenting the Society's resources. The Council, therefore, asked the 1951 Meeting to sanction the following proposals: (1) That the annual subscription be raised from One Guinea (a figure fixed in 1904) to Two Guineas; (2) Life Membership be abolished for the future; (3) Future publications of the Society be printed on a good machine-made paper (instead of the hand-made paper used hitherto), and be bound without gilt-edging; and (4) That the list of members of the Society be omitted from each volume. All these measures were sanctioned by the Meeting. It was also announced that the Society was seeking recognition as a Charity. The Meeting then heard a paper read by Fr. Godfrey Anstruther, O.P., on "The Dead See," being an account of Catholics in the Diocese of Peterborough in the years 1540-1600. A Special General Meeting was held at 33 Wilfred Street, S.W.I, on lIth March 1952, to present the Constitutions as redrafted to meet the requirements of the Law concerning Charities. The motives of the re-draft had been stated in a Circular sent to all members announcing the Special Meeting and also the increase in the annual subscription. The new Constitutions were sanctioned by the Meeting.

6


7

ANNUAL REPORTS

The Annual General Meeting for 1952 was held on 11th November at the Newman Association, 31 Portman Square, W.l. The Council accepted with regret the resignation of Dr. Gordon Albion from the office of Hon. Secretary-Bursar, and the Chairman moved a vote of thanks to Dr. Albion for the eleven years devoted service he had given to the Society. Fr. Joseph A. Callanan was appointed to succeed as Hon. Secretary-Bursar. The Meeting concluded with a paper read by E. E. Reynolds, J.P., on "The Gordon Riots." THE BURSAR'S STATEMENT.

The Hon. Bursar begs to report the accession of the following new members--.-Fr. Laurence Deegan; Mr. Edmund Wilson; Miss D . M. Bach; The Earl of Perth; Mrs. Kenneth Poland; Mrs. Constance Kyrle Fletcher; Fr. T. J. Reynolds, O.F. M. ; The Rt. Rev. Mgr. Ernest E. Corbishley; William E. Charlton; Fr. Denis Hayes; Miss Penelope Renold; Mr. A. J. Hollingworth; Universitatsbibliothek, Tubingen; Mr. H. R. J. F eeny; Mr. John Bate; Mr. A. W. Colligan; Dr. M. A. Doughty; Messrs. Duckett; Mr. T . H. E. Edwards; Mrs. Gertrude Eyre; Lady Agnes Eyston; Mr. D. Fenwick; Miss 1. P. M. Freeston; Miss F. Halsy; Miss Calmady Hamlyn; Rev. J. H. Harrington; Rev. B. Harrison; Mrs. W . B. Howell; Miss M. Kane; Rev. J. F. Kelly; Mr. D. C. Kitley; Mrs. C. Leigh-Smith; Mr. R. J. Milward; Rev. C. O'Mahony, O.S.C.; The Rt. Hon. Sir Henry Slesser; Mr. M. Stephens; Mrs. P . R. Suffolk; The Very Rev. Canon James Sullivan; Mr. R. J. Willshire; Mr. Edmund Wilson; and Cotton College. The Bursar regrets to announce the resignation of fourteen members and also the following deaths-the Hon. and Rev. E. R. Lindsay; W. D.Newton; Stanislaus T. Eyre; Mrs. E. Eyston; The Rt. Rev. Arthur Doubleday, Bishop of Brentwood; John Amriding, and Canon Edward Daniell-RequiescantinPace. By a resolution of the Council, 5th October 1948, the Hon. Secretary is responsible for having a Requiem Mass offered for all Deceased Members annually in June. The Hon. Bursar would be most grateful if those Members who have not yet changed their Banker's Order from One Guinea to Two Guineas would do so as soon as possible. The increased subscription came into force on June 1st, 1952. The Membership Roll now stands at 430, an increase of 20. May, 1953


THE CATHOLIC

BALANCE

Dr.

as at 1951 May 31 To Life Su bscriptions33 @ £10 lOs. I @ £10 14 @ £21

£

s. d.

346 10 10 0 294 0

Subscriptions received in advance LegaciesJ ames Britten, K.C.S.G. . Henry Ince Anderton Mrs. Leach for J. H. Woollan Henry S. Threlfall L. C. C. Lindsay Newdigate Legacy .

£

s. d.

0 0 0 650 10 34 13

200 18 100 0 50 0 455 3 180 0 100 0

2

0 0 4 0 0 1,086

1,833 12 360 3

General Fund Less Deficit for year

AND

6

6

0 ],473

INCOME

0 0

9

6

£3,244 14

0

EXPENDITURE

RECEIPTS. 1951 May 31 To Subscriptions received during yearFor years 1945/50 (5) For year 1950/51 (362) Income from Investments Sale of back volumes . Donations. Less Deficit for year

£ s. d. 5 382

5 4

s.

d

387 9 49 15 92 12 252 I 360 3

3 4 0 0 0

£

0 3

£1,142

0

7

I have examined the above Balance Sheet and Income and properly kept by the Society. I have obtained all the information and explanations necessary and Expenditure Account give a true and fair view respectively ot the GORDON ALBION, Han. Bursar and Secretary.


RECORD SOCIETY.

SHEET

Cr.

31st May, 1951 1951 May 31 By Investments£2,227/17/1 3t% War Loan @ cost £500 2l% Consols. @ cost

£ s.

d.

£

2,246 15 2 420 7 3 2,667

"

Note. The value of the above investments at 31st May was as under£2,227/17/1 3t% War Stock £1,966 £500 2t%... Consols. 330

0 0

0 0

£2,296

0

0

570

Cash at Bank . . . Trustees Savings Bank

ACCOUNT,

s. · d.

7

5

5

577 11

7

£3,244 14

0

8

5 11

TO 31ST MAY,

EXPENDITURE. 1951 May 31 By Cost of printing Volumes Nos. 44 and 45 " Cost of binding Volume No. 45 Cost of Annual Report. . Honorarium to Hon. Bursar . Rent paid to Central Library Insurance . . . . . " Printing, Stationery and Advertising Postages . . Purchase of Volumes Sundries

2

1951 £ s. d. 800 15 9 75 5 5 51 16 6 39 7 6 10 0 0 600 89 16 10 12 3 3 40

0

0

16 15

4

£ 1,142

0

7

Expenditure Account, which are in agreement with the Books of Account for the audit and in my opinion the Balance Sheet and the Income state of its affairs at the 31st May 1951. PATRICK TOOLE, Hon. Auditor.


THE CATHOLIC

BALANCE

Dr.

as at 1952 May 31 To Life Subscriptions34 @ £10 .10s. 2 @ £10 . 15 @ £21 1 @ £25 . 1 @ £26 5s.

£ 357 20 315 25 26

s. d. 0 0 0 0 5

£

s. d.

0 0 0 0 0 743 5 19 19

" Subscriptions received in advance " LegaciesJames Britten, K.C.S.G. Henry Ince Anderton . Mrs. Leach for J. H. Woollan Henry S. Threlfall L. C. C. Lindsay Newdigate Legacy

200 18 100 0 50 0 455 3 180 0 100 0

2 0 0 4 0 0 1,086

1,473 524

" General Fund . Less Deficit for year .

INC 0 MEA N D

" "

6

6

6 949

0

0

£2,798

5

6

E X PEN ·D IT U R E

1952 RECEIPTS. May 31 To Subscriptions received during yearF or years 1938/1951 For year 1951/2 "

9 9

0 0

£ 87 390

Donations Sale of back volumes Income from Investments Interest on deposit at Trustee Savings Bank Less Deficit for year

s. d. 3 4

£

s. d.

0 0 477 7 36 7 107 19 47 10 6 15 524 9

£1,200

8

0

0 0 0 7 6

1

I have examined the above Balance Sheet and Income and properly kept by the Society. I have obtained .all the information and explanations necessary and Expenditure Account give a true and fair view respectively of the GORDON ALBION, Hon. Bursar and Secretary .


RECORD SOCIETY

SHEET

Cr.

31st May, 1952 1952 May 31 B y Investments£2,227/17/1 3t% War Loan Stock, 1952 £500 2t% Consolidated Stock @ cost

£

s.

d.

2,246 15 420 7

2 3

£ s.

d.

2,667

2

5

131

3

1

£2,798

5

6

Note. The value of the above investments at 31st May was as under£2,227/17/1 .3t% War Loan Stock, 1952 . £1,659 15 0 £500 2t% Consolidated Stock 292 10 0 £1,952

"

5

0

Cash at Bank

ACCOUNT,

TO

31ST MAY,

1952 EXPENDITURE . May 31 By Cost of printing Harpsfield Volume, Part II " Cost of binding and despatch of above " Payment on account of Hampshire Registers " Honorarium to Hon. Secretary and Bursar " Printing, Stationery and Postages Rent Insurance

1952 £

s. d.

479 102 500 52 49 10 6

8

0

13 0 10 17 0 0

1 0 0 0 0 0

£1,200

8

1

Expenditure Account, which are in agreement with the Books of Account for the audit, and in my opinion the Balance Sheet and the Income state of its affairs at the 31st May 1952. PATRICK TOOLE, H on. A uditot'


Form of Bequest by Codicil to the Catholic Record Society Members desirous of making such bequest can do so on the following Form, and avoid the trouble of altering the Will itself:

THIS IS A

CODICIL t o the last Will and Testament

dated .......................................................................................... , of me:

in the county of .......................................................................................... I give to the Bursar of the Catholic Record Society of London the sum of

pounds, free of all

duty, and to be payable primarily out of my personal estate, to be applied to the general uses and purposes of the said Society. And I declare that the receipt of the Bursar or other proper officer for the time being of t he said Society shall be a sufficient discharge for the same.

As witness my hand this ..........................................

day of .................................................................. 19 .................. 5 igned by the Testator (or Testatrix) in our presence and by us in his/her presence and that of fJach other:

Name ............................................................................................................................................. Address ....................................................................................................................... . Occupation .................................................................................................................. Name ............................................................................................................................................ . Address ........................................................................................................................ Occupation ..............................................................................................................._

(Please place this Codicil where your Will is lodged.)

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Records Volume 48: The History of English Persecution of Catholic and the Presbyterian Plot Part 2  

Records Volume 48: The History of English Persecution of Catholic and the Presbyterian Plot Part 2  

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