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

Publications of the Catholic Record Society

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

The History of English Persecution of Catholics and the Presbyterian Plot

FOUNDED

PART II

EDITED BY Professor T. A. BIRRELL, M.A. , WITH TRANSLATION BY THE Reverend John Bligh, S.J. LONDON 1953

PRIVATELY PRINTED FOR THE SOCIETY BY JOHN WHITEHEAD & SON LTD., LEEDS

PERSECUTIONIS

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 annus ?

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. Cometa terribilis Tempestas in Jesuitas Lancastrenses Arnoldi stratagema malignum

(444) OATES QUALIS Serio cogitanti et attenta mente revolventitotam hujus ficticiaeConspirationis 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 stridulaet cantillans , plorantisquam loquentis similior. Memoria fallax, prius dicta nunquamfideliter reddens, frons contracta, oculi parvi et in occiput retracti, facies plana, in medio lancis sive disci instar compressa, prominentibushinc inde

CATHOLICS

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 nequeipsi 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 , gentis totius pernicies, qui seditione concitata potestate plusquam Regia Senatui Populoque Londiniensi imperitabat Hic bonae Famae incurius, magnae supra modum appetens, Regis e solio detracti, ditionibus omnibus ejecti, imperio exuti laudem, quam putabat amplissimam, cum aliis dividere nolebat, sibi soli vindicare voluit ; gloriari solitus, ut alibi dictum, se Regem Regno suo [sic] manu educturum . (446) PERICULA CAROLO IMMINENTIA . Huic potissimum Gloriae ambitui acceptam ferimus Caroli incolumitatemin 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. 105] quorum cuilibet, quam facile Parricidium peragere, invisum Regem occidendo ! Quam tutum, quibus impunitas Conclavis Inferioris scito pridem parata, facinoris rationem e Papistis 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 Providentia in Regni bonum excubans utrumque periculum discussit, excitata in Shaftesburii mente de ipsius artibus fiducia Unde discamus Superiorem Mentem rebus humanis praesidere, in cujus ita potestate cuncta sunt posita, ut nisi ipso volente nihil eveniat, maxime Regibus, Nobilissimis Providentiae subjectis. De quo ampliora videbimus et clariora indicia, in hujus hystoriae decursu. (447) QUALIS HICANNUS Annumaggredimur , minus quidem sanguinis ex Innocentum suppliciis daturum, sed libellorum

SUPPLICES PRO

PARLAMENTO. Maxima hoc

famosorum insania furiosum . Catholici in Anglia resides, aut carceribus aut domi suae clausi latebant; Protestantes omni consilio destituti nihil agebant; Presbiteriani non jam impunitate et arcano 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 nominibus 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, fomenta discordiarum , Seditionum flabella; et pro classico ministellorum conciones . Incertum utri magis Paci publicae nocuerint, quam utrique eliminatum ibant Ex utrisque summae Potestatis primo odium, exinde contemptus ; quae tamen subditorumAmore et Reverentia , quam Armis valentior 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 Quodsi alicujus aut Honor aut Bona quicquam detrimenti publica Tribunalium sententia caperet, publicalaude et collatitia pecunia resarciebatur; ut Judicum animadversio noxios majori tantum fortunio mactare videretur. Id Typographo contigit ob libellos numellis damnato , imposita bis mille scutorum mulcta; quem populus ut martyrem coluit, pro se atque Justitia passum, et tradita ei crumena mulctam continens, unde 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 studiadetegeret, per se, per amicos, detecta 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 factionem , magno Regni bono, pari bonorum gaudio ac improborumodio. Instanti comitiorum tempore, ex Anglia secessit tantisper, illisque solutis reversus est (450) LIBELLI

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 ofCommons for the Impeachment ofSir William Scroggs, Knt .... 23 Dec. 1680, p 140but 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 .

ENGLISH PERSECUTION OF CATHOLICS

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 [f. 106] indubie Majestatis Reos esse, qui Rege nolente vel convenirent vel contendere pergerent Ut ergo quod Jure sine Carolo fieri non posset, ipso volente fieret, ut Parlamentum indiceret urserunt primum consilio et rationibus , deinde libellis supplicibus multorum cum e primaria Nobilitate 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 anno 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 subscripturis offerre . Non tamen ut abstinerent obtinuit Convocatum quidem fuerat Parlamentum in xvi Octobris anni superioris, sed rejectum in xxvi Januarii 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 Parlamentiintervallum requirerent , quibus sanandis alia remedia viderentur inefficacia.

(451) Ut 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 signo ostendit sibi displicere eorum studia qui pro Parlamento supplicabant Cum enim BaroChandosproponeretur ad legationem 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

alterculpam agnovit, et ejus sibi gratiamfieri humillimerogavit * Quod se plane non desereret animati Regii, undique submissis libellis gratias habuerunt Carolo, quod Parlamentum adeo importuno tempore non congregasset; audaciam eorum detestatisunt, 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. Notandus 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 Carolo Procerum animis, ita stabilierat, ut nullis deinceps Gregalium Calvini conatibus cesserit, meritus non a Consilio tantum Regio atque ProvinciarumUrbiumquePraefectis, 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 spopondissesenon iis intercessurum. Has jam videamus. (454) SEX SACERDOTUM CERTAMEN.§ Ea xvii Januarii instituta in Gulielmum Russellum , ** Carolum Parisium , ** * James Brydges , Lord Chandos North (Examen , p 467) suggests that Charles'sinitial refusal was to assert the fact that the appointment of the Ambassadorto Constantinople lay in the hands of the King, and was not a prerogative of the Turkey Company.

A reads ' firmarat'

It had been rumoured that while in Scotland James had received Communion in the Protestant Church § 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 accountsare The Tryals and Condemnation ofLionel 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 Kemishfor the same Offence Saturday, January 17th, 1679. Published by Authority, London, 1680 (B.M. 515, 1 , 4 (4)), and Some ofthe 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 Napiercf. Jeffreason , iv, 141. Son of Edmund Napper of Holywell, Oxford, and Joyce Wakeman of Beckford, Gloucs He remainedin 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 , Franciscansin England, p 277, and Stapleton, Post Reformation CatholicMissions in Oxfordshire , p 214. The latter gives a full history of the family) Charles Paris, or Parry, was arrested for priesthood on theevidence of Prance on 3 May 1679 (Jeffreason , iv, 131 , and Bowler, C.R.S., xxxiv , 245, 252-3, 285)

ENGLISH PERSECUTION OF CATHOLICS

Henricum Starkeyum , * e Clero Seculari, Jacobum 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 HenryStarkey and Jane Wilkinson of Darley, Co. Chester, was admitted to Douay as a convictor, aged 22, on 27 January 1632 , and entered Grammar (C.R.S., Third Douay Diary, p 300) On 14 Dec. 1646 the Presidentof Douay wrote to Fitton and Harrington to saythathe could not admit, as they had asked, Dominus Starkey, a priest of Lisbon , "propter defectum unius tibiae quam in Bello Anglicano amiserat" (C.R.S. , 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, Cheshire, 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 discrepancyin ages and Christian names

To add to the confusion, there is a Parliamentary pamphlet among the ThomasonTracts, A Royal Message .... likewisethe true Relationof a Bloody Conspiracyby 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 Chesterand a group of recusants who refused to give up theirarms , and who were led by Lord Choomes (sic) and HenryStarkey, 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 Hattonfor the Abbacy of St. Leon's at Toul (Cal. Clarendon S.P. , ii, 19 , 291, 454) Charles Hattonmentionshim in his correspondence"Jan. 15. 79/80 ..... next Saturday all the priestsinthe gaols about London will be brought to trial, amongstthem 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 ofhim "They that know the Historyof your services in the last wars , and since, must acknowledgethat 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.R.S., xl, 35; Jeffreason, iv, 119 , 120) Marsh and Corker had previously been tried for complicity in the plot Fr. James MaurusCorkeracted as confessor, whilst ingaol, toBl. Oliver Plunket and many others . He was released from prison in the reign of James II, and established himself firstin the Savoyand later at Clerkenwell His most celebrated convert during that reign was John Dryden At the revolution the chapel at Clerkenwellwas destroyed, and Fr. Corker escaped to the Continent . He was elected Abbot of Lambspring 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 ; andthe sameDoctor against Titus Oates ...., London Printed MDCLXXXIII (Wing O. 66) The work quotesfrom Staffords' Memoires (also by Corker), and is written in a lively pamphleteering style, reminiscent of L'Estrange.

ENGLISH PERSECUTION OF CATHOLICS 325

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

* Alias Munson or Blount . He revealedat the trial that he had previously written in favour of the Oaths, and, together with Peter Walsh (the Irish Remonstrant), had receiveda government protection ' for this in 1671 . Peter Walsh's draft copy of this exists (Bodley MS , Tanner, ccxc , f 213), and is reproducedin 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 permissionto 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 permissionto return to England, as they had a discovery to makeconcerningthe Plot. Although the King would give no pardon, they crossed over to England Secretary Jenkinsseemsto have been kept well informed oftheirmovementsbyWilliam Carre, Consul at Amsterdam Anderson, suspectinga trepan, did not present himself to the King, but decamped precipitately . He received a pardon in the reign of James II, and died 21 October 1710 (F. A. Middlebush , Despatchesof 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.R.S. , xxv, 104-5, 145; P.R.O., S.P. 84/216 , f 176 sq., 241; P.R.O., 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 Historyvide 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 saevissimapridem 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. LI , 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.R.S., 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.R.S., xxv, 126; xxxiv, 284) It must have been obvious to the court that he was a dying man , yet it was onlywith reluctancethat he was allowed to stand down . (Cf. Hatton Papers in Appendix )

§ 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 itselfproof of priesthood This was, ofcourse, overruled by theBench . But, in the eighteenth century, Lord Mansfieldused this very point infavour ofCatholics indicted for priesthood, by ruling that proof of ordination was necessary (which proof would be inaccessible to common informers)

ENGLISH PERSECUTION OF CATHOLICS

mortis sententia, cujus suspensa executio Eorumaliqui animam

Creatori in carcere reddiderunt , alii superstites sunt, et magna industria dum ista scribo salutem animarum promovent Martii

Conci-[f. 107]ones* coram JacoboAngliae Regi habitae +mortuo Carolo isto jubente typis editae fructuose leguntur. (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 lxxxv annos natus, canitie et tota senilis corporis specie venerabilis, inculpatae vitae, spectatae Innocentiae

Testes in eum producti Bolronus et Mowbrayus, uterqueolim ejus famulus domesticus, uterque pulsus, iste furti suspectus et quod

Ancillisliberiusilludere 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; eam ad opes viam esse compendiosissimam Misertisunt omnes boni senis vicesin discrimen capitisa 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. Jussus 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 missa 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 consanguineos. Auditi deinde, qui Reo favebant. Duodecim Protestantes testati sunt, Testes dixisse, casu quo Gasconius res sibi

* A Sermon Preach'd .... October 24th 1686 .... [Printed] 1687 (Wing M. 739).

1.e. Gascoigne

Cf. B.M. MS Add 29572, f 206: " Yesterday Sir ThomasGascoigne was tryedand acquitted but it was by ye sole favour of his 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, inf. § 457, says Jones But the fact that Pemberton receivedhis quietus on the day after the trial would seem to indicate that he was held primarily responsiblefor the acquittal

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 Rationumsuarum et contractibus eorum Notario factis ostenderunt eum dotem fuisse duarumipsius Neptium, quarum una Religionem Benedictinam Cameraci professa erat, altera nupserat Quae de Catalogo ejusque inscriptione dictafuerant, 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, saltem ubi e domesticorum ejus albo expuncti fuerant ? Cur expectassent, donec ipsi fuissent ab eo in Jus vocati ?

(457) Judicum primus, nomine Jones, xii viris exposuit, quae hinc indedicta essent ; qui, deliberatione praemissa, Gasconium non Reum pronunciarunt . Unde libertatem adeptus, non diuturnamfuturam, si in Anglia mansisset, cum aliam sacerdotii dicam pararent iidem falsi Testes Itaque Lambspringam se recepit, quae Abbatia est BenedictiniInstituti in Diaecesi Hildesionti (cujus olim Abbas fuerat Gasconii frater *), indeque 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 publicas latrociniis infestas habentes, alterum ix ejusdemmensiscontra duello Decertantes ; quaenon 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. 108] et periculosas seditiones concitandas. Hinc xxix Maii, Caroli natalis dies, aliis laetitiae signis, sed sine ignibus celebrata . Anniversaria vero die recurrente comburendo in Effigie Pontifici designata, quum igne consumere non liceret , in profluentum dejicere statuerunt; sed dum ornabatur statua, operariis negligentibus, forte et ebriis, ignis domum in qua parabaturcorripuit, 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, § consultis prius Judicibus an Jura permitterent, prohibuit Gazettas, uti vocant, aut chartas nova occurrentia referentes, sine Caroli 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, Chronological Notes, p 228) Steele 3711 . § Steele 3715 .

(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, Jurati ei a Tergo scripserunt : Ignoramus Vindiciis ita secundum Innocentiam datis, ista Libertati restituta fuit Idem evenit Roberto Paytono Equiti aurato. * Vadibus datis semiplenae Libertati restituti Henricus Tichburnus , Baronettus , Joannes 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. Evilescebat Cui 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 anno incoleret , licet criminum exors . 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, alio 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 eam 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. § Testes in eum dati Oates et Dangerfeldus Ille multas se vidisse juravit in Hispania captivi Epistolas, in quibus de designata Caroli nece et Papismi restitutionescribebat ;

* Lady Powis, Sir Robert Peyton and Mr. Bedingfield were discharged 24 May (Luttrell, Brief Relation , i, 45)

Sir Henry Tichborne, 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).

Richard Tasborough of Flixton Hall, Suffolk He was tried for treasonat the King's Benchon 19th May, but thejury acquitted him without eaving the box (Luttrell, ibid.)

§

"When Roger Jenyns of Hayes Esq. was call'd, I acquainted the Judges, that that Gentlemanwas my near Relation, and that I left it to their Lordships to determine whether he should stand or no " (The Earl of Castlemain's Manifesto . .... , 1681, p 38)

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 ulciscar injurias (Carolus ejus uxore abususfuerat) Interrogatus Oates a captivo 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 Peritis neminem ausum fuisse Actionem instruere Quae Judices pridem audita dixerunt, frustra jam dici De Dangerfeldo dubitatum, an ad testimonium ferendum admittendus esset, obnotissimam infamiam (de quo plura, ubi referemus Actionemin Celleriam), variis Juris Peritis censentibus gratiam Criminumei factam a Carolo paenam iis debitam remittere, non restituere Probitatis opi-[f. 109] nionem, absquequa nemoTestis esse potest ; aliis contra dicentibus ea Gratia hominem plenissime in integrum restitui. Cumque sine fine sine fructu altercarentur , Judices admittendum censuerunt , sed penes xii viros fore, quantum illius Dictis fidei adhibendum esset , videre.

Re(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. spondit eos Catalogos sibi ignotos videri a Presbiterianis ipsis confictos ad conflandam 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 Danger- feldum adiisse Proceres , quasi ipse misisset, petitum num quinque Jesuitarum 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 adire; adeoque vetuisse, additis minis, illum domum suam ultra venire iv. Carolum identidem vocasse Tyrannum Respondit id falsissimum esse . Plura de tota causadicere parantem interpellavitprimosupremusJudex, dicendo sibi discedendum esse, cum a Carolo accerseretur, deinde etiam tota corona, testata id non forenecessarium (et totum fere diem consumpserat Actio) Tum qui praesidebat, ad xii viros conversus, paucis retulit quae in utramque partem dicta essent ; intulit si Dangerfeldo fidem habendam censerent, esse duos Testes ; sin vero unum tantum, adeoque vindicias secundum Innocentiam dandas. Et

* I.e . L. C. J. Scroggs

ENGLISH PERSECUTION OF CATHOLICS

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 missusInnocentioPP XI ejusdemnomine primusa Reformatione obedientiam detulit. (462) ACTIO IN CELLERIAM. Circa idem tempus Actio in Celleriam instituta est, xi Junii Dati in eam 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 asseruit Celleriae verba a se maligna interpretationerelata, 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?

Idquesine ulteriori consideratione et ab ea dictumet a se auditum. (463) Huic successit Dangerfeldus ; quem a Testimonio ferundo arcendum contendit illa ob notissimam vitae infamiam , publicis sententiis saepissime confirmatam . Illo Caroli gratiam sibi factam criminum allegante, dixit ista non factam ea gratia

Probitatis opinionem, Testi imprimis necessariam . Cumque dissiderent ea de re Jurisperiti, Celleria altercationifinem imposuit dicendo se Dangerfeldo illa tantum crimina probata publicis

Judicis exprobare, quorumgratiam ei Carolus non fecerat ; eorum exhibuit authentica testimoniatredecim 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 [f. 110] 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

* Oates had suggested this during the trial.

For a clear analysis of the obscuritiesof the Meal Tub Plot see The Attempted Whig Revolutionof 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."

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 patuitcur tanto molimine stigmaticumnebulonem sublevare conarentur : cum enim jam statuissent Eboracensem in jus vocare, hujus testimonioeum premi volebant , quam cum eo locutum esse Celleriae opera, fama non semperfalsa 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 hystoria vulgata, * paene omnes confregit Inea 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 eam quaerentibus illam de libello famoso accusandi Offensam auxit, quod deprehensussub prelo libellus, media jam ex parte impressus, vetitus fuit +a Consilio Regio,+ imperatumque et ipsi et Typographo , ne ulterius progrederentur . Ast illa, Laudis inde proventurae quam obedientiae Regiomandato 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, 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 sensit 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 , eam illi subduxerunt . (465) Digna meo 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 Relationofthe Accusationand Deliverance of Elizabeth Cellier .... 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 whenit 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 thosefollowing. 11 September 1680 .

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 detegendasartes, et amoliendas quae supererant de Catholicorum in Carolum 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 facinusaggressi quidam pro Juratis Majoribus Middlesexiae se gerentes, Westmonasterii convenientes, Papismi Dicam Eboracensi scribere orsi (credebatur Catholica sacra frequentare, sed id necdum juri- dice sciebatur). Qua de re admoniti, Judices conventum illum illico solverunt , et convocatis aliis ejusdem Provinciae Eirenarchis, priorum Acta Irrita declarari curarunt Shaftesburius priores exciverat libelloillis misso, sua suorumque confaederatorum manu subscripto, capita accusationum continente; de qua deinde [f. 111] accusatione nihil auditum extra comitia. * (467) ANTONII 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 Jesuitas 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;+ unde nec fuit arcte custoditus , ut alii Jesuitae, 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 mentioin 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 libello supplici Carolo oblato haec habet: (468) " xviii Maii A.D. MDCLXXIX captus fui, et ancilla

* 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 oftheplan, and beforeit could be put intoeffect 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 HunterHesketh Prosecutions (Downside Review, July 1933); Jeffreason , iv, 133 , and C.R.S., xxxiv, 369n.

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 detectum 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 habuitin 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 illa 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 , * referens

Heskettum esse captum. Qua lecta, Praefectus alta voce , multis praesentibus, dixit: Jam scio, quis sit iste Bakerus (ita vocabatur in carcere Hunterus ); ipse est Heskettus Qua praesumptione, cum supponerent omnes Heskettumesse 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. Caeterumeo libellosupplici non obtinuit quam petebat Libertatem, ad curandam afflictissimam valetudinem necessariam. Unde paulo post sacris Ecclesiae ritibus munitus animam 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 submitted a petitionto the King seems to require a revision ofthe account in the Annual Letters and BrevisRelatio(as quoted in Foley, v, 689), whereit 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 learntthat the sentence of death had been cancelled . "

(471) RICHARDI BARTONI ET JOHANNIS RIVERII* CERTAMEN . Damnati sacerdotii etiam Lancastriae Richardus Bartonus e Clero Seculari, et Joannes Riverius (vero nomine Penkettus) e Societate Jesu, verum an hoc anno 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, netestimonium ferre inviti cogerentur, quatuor deprehendit et ut ingrato officio fungerentur, sua auctoritate coegit Uterque dilato in praesens supplicio, meliora tempora vidit, in carcere ut Angelus vixit, ab omnibus etiam Heterodoxis, ob morum innocentiam et singularem Pietatem, omnibus Humanitatis officiis cultus , [f. 112] 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 Collegii alumnus ; Riverius humaniores litteras Audomari, Phylosophicas et Theologicas Romae didicerat, 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, Joannem 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.R.S. , 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 Masterof Grammar and Rudiments at Douay (C.R.S., Fifth Douay Diary, p 528)

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.R.S., 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 Or Pressicks'

et videbatur praejudicatacausa Londini, ubi vindiciis secundum GasconiiInnocentiam datis, declarata videbaturTestium 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 Itaque xxiii Octobris productus ad patibulum, ubi dixisset se scriptocomplexum esse , quae dicenda habebat, eo quod nesciret an danda sibi foret loquendi copia, quae sequuntur legit: [see translation] (478) Alia dixisse fertur, caeterum ad manusnon 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 scribentiumnegligentia perierunt. Dum e scala dejiceretur , [f. 113] ait: " O Dulcissime Jesu, suscipe spiritum meum . " (479) Litteras Humaniores didiceratAudomari, altiorastudia Duaci, utrobiquemorum 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 . Quoubi 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 Judicem, ibi loci tum agentem, et coram illo Deum contestatus est vera fuisse quaecunque in Catholicos 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 Rogavitaugeri sibi pecuniam e Regio Aerario pendendam Paulo post cum aucto praeter expectationem morbo, mortem imminere inevitabilem videret, de pecunia nihil amplius solicitus, quod Northus illum secundo adire nollet, aliisdeclaravitfalsa esse quaecumque dixerat in Catholicos;

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

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 signomortem obiissedicunt. 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 Conclavi proponerent aliqui de superstitibus conspiratoribus sumendum supplicium , Northus ait: " Si cuncta sciretis quae ego, diceretis nimis multum jam Innocentem Sanguinem effusum ' (482) Londini circa haec tempora, 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 operaeprecio, cum Parlamentumnullam ejus indicii rationem haberet, et plebs mendaciorum satura novas ejusmodi accusationes fastidiret (484) PARLAMENTUM CELEBRATUR . Carolus, ubi toties distulisset ParlamentiSessiones, tandem declaraviteas xxi Octobris habendas;etne quideas offenderet, Eboracensempridiein Scotiam maridimisit Proceribus convocatis dixitfaedera 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 Captivorumcausam quantocius agendam . (485) Proceres 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 aliam esse Conspirationem quam Presbiterianam Nec satis fuit illum loco movisse; jusserunt in Turrim Londiniensem duci Dein in alios animadverteruntSenatores , qui libellis supplicibus pro Parlamenti convocatione refragati fuissent; quos omnes

* See C.S.P.D., 1680-1, p 77; H.M.C., OrmondeN.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.J., ix, 642). Cann was a decidedly stormy petrel in local Bristol politics

eliminarunt Nec solum in eos egerunt, qui de Parlamento erant; deputati sunt aliqui, qui in alios quoslibet hujus immanis criminis affines inquirerent, quasi qui indubitatis subditorum omnium juribusadversarentur 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 [f. 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 quicquidomnibus charum est, oppressumiri; quapropter imprimis deliberandum, qua ratione Papismo resisti possit, et Papistas jure ad Regnandum excludi ; absque quo reliquadecreta, 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 Novembris. 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 : Decernitura Rege, de consilioetconsensu trium Regni Statuum,horumetiam auctoritate, dictum Jacobum omni ad Regnum jure excidisse, et incapacem esse , qui succedat in Regnis Angliae et Hiberniaeet ditionibus ab illis pendentibus, aut qui Autoritate, Jurisdictione , aut Potestate in illis potiatur Quod si conetur ullo 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 Novembris 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 Jacobum , 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 "

(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 aliis +Comitatus ,+ qui sua praesentia illius ratihabitionem urgerent Cum illi discessissent , lectum est Decretum +in Consessu Superiori + variantibus sententiis Tum quaesitum, num secundo legi placeret. (Quodque decretum ter legi debet, antequam ad definitiva suffragia veniatur.) Et qui censuerunt legendum esse , duobus tantum suffragiis alios vicerunt Ubi secundo lectum fuit, protracta 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 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 subvenire intutum; alia pericula et majora et viciniora imminere ; adversus quae frustra f . 115] a se quaesita remedia; vectigalia alias imposita, Papistis mala consilia suggerentibus, ad bellum Protestantibus (Hollandis) inferendum impensa; leges contraPapistas latas, ad vexandas teneras Protestantiumconscientias adhibitas; a Papistis profectas, magno Rei Publicae malo, tam frequentes Parlamentidilationes , Prorogationes, Dissolutiones; officia publica aut iis, aut eorum fautoribus data ; introductum in Aulam eorum opera Papistam Secretarium (Colmannum intelligunt); ab eo cum externorum Principum ministris communicata consilia, &c (Pleraque recensent, quae Oates commentus fuerat.) Tumtimere se dicunt, ne vectigalia Carolo concessa, ad Protestantes opprimendos adhiberentur; punitos Authores , et qui vulgarant pios et utiles libros (ita libellos famososappellant , ob quos aliquos castigatos ex jure diximus) ; propositum a se ex fide Regi debita, zelo Religionis, cura Posterorum, re matura perpensa, unicum adversustanta mala remedium (Eboracensisscilicet abdicationem), sed et illud Papistarum opera rejectum ; se proinde animas suas liberasse, nec coram Deo aut Hominibus reos fore sanguinis effundendi et Desolationis inevitabiliter secuturae; statutum sibi nullam dare pecuniam, donec certi sint ea data, nec auctum iri pericula impendentia , nec firmandam Papistarum Potentiam; hac de re certos esse non posse nisi cunctis officiis cum civilibus

* By 33 votes Halifax led the Opposition to the Bill. 15 November 1680 (C.J., ix, 654). 27 November 1680 (C.J., ix, 665)

cum militaribus omnes amoveantur Parlamento suspecti, aliis, quos approbent ipsi suffectis ; hoc ubi obtinuerint, et Tingi prompte subventuros, et alia daturos, quibus Protestantes 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 rejectuminfame Decretum in Eboracensem , licet nullus in Conclave Superiori Catholicus adesset. Non adeo ab officio in optimum Principem defecerat Conclave Superiusquod Procerum omniumDignitas a Regia, utPlanetarum 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 lacerari, et igne consumi, Procerum auctoritate; nec Shaftesburius , utut 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 eam confutavit, et visa responsio ipsius digna quae legatur. Haec habet : [see translation].

(518) Haec illa 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 elidendi, 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 verumetiam multi alii quietis amantes

Patria discessissent

Et (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, eundemadfinem aptus visus Arnoldus (de quo supra lib. iii), qui personam in ista Tragicomica fabula sustineret Londini tum versabatur. Omnibus ad eam 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

statim inde proripit , et conjicit in obscurissimum Angiportum, designatam scenam . Illic magnis clamoribus 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 unumin 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 publicos sicarios, internecione delendos, ut ne Catulus quidem relinquatur; averruncandam semel pestem omnium vitae imminentem

(520) Inventae una nocte omnes Catholicorum domus Cruce Cretacea 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. 119] 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 effectus, dum furori suo in Papistas indulget, dumrabiei nec modum neque finemimponit, dum obvios temere pulsat, eos aut Papistas aut Papistarum Patronos dum appellat, dum nec Divum nec hominum ulli parcit, eos tandem offendit, 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, donecsolvisset Verumremisit Beaufortius +multam,+ ubi ad ejus pedes projectus culpam agnovit et deprecatus fuit. Hinc dimissus est, si non melior, saltem 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).

Cf. supra (§ 386 and note)

Seimerus , quem anno superiori sibi destinarant Oratorem , invito Carolo Is eorum bilem commoverat, graviter et copiose Jacobum exauthorari non posse disserens Hunc petierunt non solum officiis a Carolo privari, verum etiam omnibus indignum solemni sententia declarari 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 tota et proximus Regni haeres eorum Dicis Judiciisque perinde obnoxius esset , ac quilibet e Trivio. (522) DICA IN SCROGGIUM.§

Haec sunt, de quibusScroggius accusatus: i. Conatum fuisse proditorie et nequiter Jus Regni , Religionem publicam, et Regimen evertere, Papismum vero et Despoticum regimen inducere ii Eumin finem, Authoritate Despotica Juratos Majores Middlesexiae exauthorasse, dum Actionem pararent in Eboracensem aliosque, qui Protestanticis sacris abstinebant iii Vetuisse cum suis Assessoribus imprimi librum Papismo contrarium, Protestanticae Fidei perutilem , eamque Prohibitionem variis Typographis intimasse (Erat libellus famosus.)** iv. Mulctas pecuniarias, pro affectu suo , impares ab ejusdem criminis Reis exegisse v Vades, sive Fidei Jussores, recusasse in causis, quibus eos Jura permittunt , authoritate pure pute Despotica. Et nominant septem Typographos

Londinienses, e quorum officinis examina prodibant libellorum perniciosorum. vi Vexasse more plane Despotico varios Regi fidelissimos, eos capi, bona rapi, jubendo. Sed hic nullum adhibent exemplum vii Cum teterrima in vitam Regis esset inita Conspiratio, ipsum minus honorifice de ejus +Indicibus+ sensisse , de [f. 120]iis contemptimlocutumfuisse viii Licet obmaximam dignitatem teneretur aliis piae et Christianae vitae exemplo praelucere, ipsum contra frequentibus et notis passim excessibus ,

* 20 November 1680 (C.J., ix, 658). For a good modern account of Seymour'sparliamentary career see (passim ) K. Feiling's History oftheTory Party

Camera Computuum seems to be a translation of Chambredes Enquetes, one of the severaldivisions into which the Parlement of Paris became split up (cf. Holdsworth, History of English Law, iv, 170) Weston was made Sergeant -at-Lawon 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 Commons for the Impeachmentof Sir William Scroggs, Knight .... Sir Thomas Jones, Knight Sir Richard Weston, Knight ... Thursday, 23rd of December , 1680 . § Articles of Impeachment of High Treason and other Great Crimes and Misdemeanours against Sir William Scroggs ... London , 1680 .

** I.e. Henry Care's WeeklyPacket of Advicefrom Rome .

ENGLISH

OF CATHOLICS

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 videbitur. (523) Occulta, sed colenda et miranda Dei Judicia! Vere, Digitus Dei hic, 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 Jammajus Tribunalnos 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 causasanguinis JureCanonico negatur suffragium , ob sanctius ministerium et Christi Mansuetudinem, quam imitari tenentur ), et Catholicis novo Jure Parlamento exclusis ; Actores totum Conclave Inferius.§ 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 barbariegrassari 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 pensionof £1,500 p.a. and a place for his son .

Bishopshad a right to stay in court in capital casesuntil 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 ofStafford. § Sitting in committee.

** Warner charitably omits to mention the evidence of Smith, Dennis and Jennison, which was brought forward on thefirst day.

Religionem suam promoverit Hoc 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 Hoc paucis , quia plena responsio in finem Actionis rejecta est (526) Hunc secutus Oates dixit Captivum varias Epistolas dedisse ad Fenwickium, in quibus de Conspiratione agebatur. +Ab eodem+ se praesente acceptas 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 Jesuitam, 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 anno LXXI

(527) Cumque Staffordus de Debilitate conqueretur, [f. 121] 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 sufflaminavit, 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 Narrativa, 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 ausus fuissem scribere, nisi hujus causae

* 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.)

OF CATHOLICS

Acta, typis publica Authoritate vulgata a Typographis Regiis, nemine eorum fidem in dubium vocante, fidem meam liberarent. Ea seris Nepotibus testabuntur, quanta fuerit praesentium Temporum Perversitas, quanta Judiciorum Iniquitas. Dicente Oate se nunquam sincere, sed tantum simulate fidei Catholicae Professionem 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. Senescallus , * 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 Assessoribusmeis nullius momenti visa sunt . . . Nunc gravate exequor, quod officii mei a me ratio postulat, mortis sententiam in te ferendo, qui neminem unquam 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, adeoquecujus intererat Regimen incolume servari, Caroli mortem , Status Publici ruinam, Religionis extinctionem , et quantumin te fuit, animarum et corporum omniumin tribus regnis degentium, excidium designasse ?

(530) Eorum te criminum accusavit Conclave Inferius, Superius Reum te renunciavit . "

(531) Responsio: Haec clare probant nullamhabendam fuisse fidem tribus nequam hominibus Accedebat ad septuagesimum circiter vitae annum etiamdifficillimis temporibus probata Regibus nostris fides, et nullis 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 [f. 122] 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 Finch) was appointed Lord High Steward by Royal letters patent. Cf. § 276 and note

cum omnium Innocentia Catholicorum ipsa fortior evaserit, omnium Judiciocomprobata sit.

impugnatione

(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 quiex utroqueJuramento nasci possent scrupuli , ad Conspirationem via muniretur ? "

(535) R.: Longe a vero abest tractatus illos editos, nemine de Juramento Fidelitatis cogitante Ante quinquennium circiter, nemine de illo cogitante, Caroli jussu illud Superioris Conclavis Proceribus propositum fuit Hoc Catholicorum aliqui admiserunt, alii repudiarunt, quod scirent a S.S.A. damnatum ; qui curarunt a duobus sacerdotibus rationem reddi, quare rejecissent Horum scripta , ipsis insçiis, typis edidit Stillingfletus Ministellus . * In concione Conieri nec verbum est de Juramento Fidelitatis, ut testatur ipsa concio, testantur et omnes excepto Oate, qui illam audierunt.

" (536) Senesc.: Quorsum illa 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.: " 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 administrari nullo modo potuerunt.

(542) Senesc.: Quomodo explicabimus ex Hibernia transmissam +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 Ñarrativam ? Idem ait ea significari quadragintahominum egregie armatorum millia signum efferri tantum expectare; et tamen diligentissime excussi Hiberniae totius anguli , nulla prorsus arma et vix quatuor homines suspicione obnoxios exhibuerunt. (544) Senesc.: " Quis jam non videt, unde natum Londini Incendium? A quo peracta Godefridicaedes ?"

* The Jesuits Loyalty, Manifestedin 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.J. (Foley, Collectanea, i, 155) Warner prints a letterof Fr. Coniers, as Attestation V, in his Vindication oftheInglish Catholiks

(545) R.: Non ea est Oatis toties mendacis, toties purjuri, authoritas, ut fidem faciat ista a Catholicis profecta.

(546) Senesc.: " Ex dictis liquet limphatos Papistas nulla media quantumvis atrocia respuere, quibus Religionem suam promovere possint, adeoque 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 afflixit, factiosis juvantibus, Deo Perjuriorum fautores justissimo Judicio castigante, eodemmet, quo peccarant.

(548) Senesc.: " Sicut manifestum est conspiratum a Papistis esse , ita et tuas in hoc partes maximas fuisse Quae primum Parisiis deinde Redux in Angliam fecisti, qualem in Regem animum habueris, ostendunt Malignitatemprodunt, 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 [f. 123] tam asseveranter dici potuisse. Post aliquot annos isti Judices Gloriam Deo dabunt, veritatis agnitione quam nunc in Injustitia detinent. * Omni veri similitudine caret ea verba a Captivo prolata fuisse Vox, Haereticus, adeo probrosa est, ut nequidem in Privatos viri honesti illa 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 ostendes ab ullo

Catholico dictum, Carolum solos nequam homines promovere; Catholicis quippe perinde est, Petrus an Joannes, 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) Senesc.: " Id 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 Caeli , quibus eorum et vita flagitiosa et Indicii progressus notus est Paucos primo Jesuitas 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)

sunt, Regii solii consortem; Eboracensem, ejus Haeredem, in Jus vocare ausi sunt, hominum quisquiliae, faex plebis, omnium criminum, illius 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 studiisremoti incorruptius judicabunt His pensatis, si hos Aves Caeli esse censes, quosnam dices Aves inferni furiasve?

(552) Senesc.: " Attente consideres velim, Deum (qui neminemdeserit, nisi prius deseratur) permisisse, ut incideresinfoveam , quam aliis feceras'

(553) R.: Nullam aliis foveam aperuit Reus Nec Deum deseruit, cum ejuratain Adolescentia haeresi, in Ecclesiaegremium admissus , inseparabiliterilli corpori adhaesit, cujus caputChristus, 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 eorum 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 Catholicos sacerdotes derivare, quam e solo Protestantiumin 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 [sic] Veritatem in Mendacium, et Justitiam inabsynthium; 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 sincera Contritio, et quorum vere Rei sumus criminum [f. 124] humilis et integra confessio Caeterum alio collineat ista admonitiodum dicitur etiam apud hominesmaximam vim habere , ad eam eorum scilicet alliciendam Misericordiam ; ostentat vitae spem, dummodo crimen agnoscet Reus, cujus fuerat accusatus, tametsi ejus purus. Haec confessionon Catholica sed Haeretica est, non sincera, sed fucata, falsa, fallax, perfida, perniciosa, hominibus probis odiosa, Deo invisa; solis vero factiosis, malis, perditis, veris denique Protestantibus grata, idquenon 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

+Catholicorum hostes,+ mortis terrorem: aut agnosce crimen cujus accusaris, aut morte morieris Nullas ejusmodi fidiculas hominibus admovit ingeniosa Paganorum saevitia; hoc crudelitatis incrementum acceptum ferimus veris 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 insinuaripotuisse Quod aperte et rotundo ore profert in sequentibus, ubi ait:

(559) Senesc.: " Fuerunt ab aliquo tempore varii, qui Deo Justissimo Gloriamdare noluerunt, agnoscendocrimina de quibus fuerant et accusati et condemnati ; imo, qui didicerunt peccati mortalis Reos esse, quicunque palam crimen faterentur, a quo clam absolvi petiissent. Unde non ausi sunt illam Deo gloriam dare, quam alioqui dedissent"

(560) R.: Si haectanquama Regiis Testibus auditaretulisses , ipsorumfuisset illa praestare; at vero cum tute id asseras , id a te merito expectamus Quod si nullis idoneis testibus, nulla cujuscunque Catholici scriptoris authoritate + probare possis (et certe non potes), quid de te sentient harum rerum Lectores ? Certissimum enim est, nullum Theologum ista docuisse, nullum Authorem scripsisse , nullum Catholicum didicisse Adeoque a vero plurimum aberrasti .

(561) Senesc.: "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 comburuntor , 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 mandavit curarent caput amputari. Verum hi, inaudita eatenus temeritate, Regio mandato non nisi praemisso Comitiorum consensu parere voluerunt Itaque 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 nec Judexest , neque Par, aut suspenderepossit, aut imperare sententiae executionem; ii. num id sit in potestate Superioris Conclavis; iii num Rex possit in aliqua supplicii parte dispensare; iv si possit in parte aliqua, curnon et in toto Cum fervidehis de rebusaltercarentur,

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 sententia prout lata fuerat executione mandaretur, nec agnoscendam in Rege potestatem +supplicium+ mutandi Et vix elapso sesquianno eandem imploraredebuit ad mutanda supplicia Auctoritatem, quam nunc totis ingenii viribus impugnavit

(565) STAFFORDIORATIO . Dies sumendo supplicio destinatus xxix Decembris, S. Thomae Cantuariensi sacer ; quando e Turri productus in constructum ad id pegma, Captivus in haec verba ex scripto circumfusam [f. 125] plebem allocutus est [see translation].

(583) Haec ubi legit, scriptum Vice-Comiti tradidit ad Carolum deferendum Tum flexis genibus duas orationes oravit, alteram Latine: Agnosco, Domine Jesu, peccata mea multa et magna, pro quibus timeo ; sed speroin misericordia et miserationibus tuis, quarum non est numerus &c Alteram Anglice, qua, ubi cum Gratiarum Actione Deo acceptam tulisset dilectissimam conjugem et optimas proles, illa 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 , [f. 127] et ejus exitum ferventibusprecibus Deo commendabant Ubi sumptum videre, Arundelius laetus aliis dixit: " Res faeliciter peracta est; non amplius pro illo 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 quinquefaeminas; quarumtres in Belgio Religiosam vitam professae , una vidua, Marchionissa Winchestriae ; alia post mortem Patris in Matrimonium elocata (585) Non falsus fuit, dum dixit brevi veritatemapparituram 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 for Last Speech).

in Decembri sequente graviter aegrotans, fassus est omnia quae 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 Judicibus superstites erant anno MDLXXXV, solemni decreto sententiam in eum latam 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 ictadiu victura non esse, ni illi se eo faedere tutos fore crederent; id tandem credituros , ubi Anglos domi concordes 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 ; libenter 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, libertatem, bona Protestantium, in summo discrimine versari iii Faedus a Protestantibus inter se ineundum ad Regis, Religionis, et Protestantiumsecuritatem 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 (quibus decretis Jus et ferentes et dicentes, Regis Authoritati subducebantur). iii Majestatis Reum [f. 128] fore, quisquis authoritate undecunque accepta pecuniam a Populo exigit, viis et titulis a Jure non praescriptis, id est, injussu Parlamenti Unde Majestatis Rei forent, etiam qui ultro oblatam a quopiam pecuniam, ad Caroli usum acceptarent. Deinde confectus libellus 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, donecipse in Eboracensis exclusionem consenserit, et Protestantibus veris Potestatem fecerit ineundi faedus ad mutuam defensionem , quo tutae sint et ipsius persona, et ditiones. Petunt ulteriusne qui Judices, ProvinciarumVice-Comites, aut Eirenarchae

* Vide supra (§ 549 and note)

C.J. , ix, 679

The Judges' appointments were durante beneplacito (cf. Warner, infra§ 599).

uspiam instituantur, nisi quorum perspectus in Religionem vere Protestanticam affectus Judices officiis non amoveantur , donec se bene gesserint (unde nullusexauthorareturnisi 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 velle, die xxx Decembris, id ad labefactandam eorum fidem spectare suspicati, vetant quemquam e Parlamento officium ullum à Rege seu honorabile sive utile accipere, sine aliorum consensu , statutis in contravenientes paenis. (589) COMETA TERRIBILIS Circa haec tempora inusitatae magnitudinis cometa in caelo fulgere visus omniumtenuit oculos , terruit mentes. Parem nulli praesentissaeculihomines viderunt, majorem nullae priorum hystoriae referunt Unde nascantur, quo ferantur, an fortuito causarum secundarum concursu, et ordinaria Providentia, an vero exerta Dei cuncta Creantis atque Conservantis Omnipotentiaproducantur; an signa_sint Justitiae 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, quibus otium est discutienda relinquo. Turcarum opinio fuit, Ottomannici Imperii ruinam designasse, cui in orbem nascenti similis Cometa praeluxit. Et non vanum fuisse augurium, amissa Hungaria, in Morea Dalmatiaque acceptae clades, ostendunt. (590) TEMPESTASIN LANCASTRENSES.J. COLLEGIUM . Collegium Societatis Jesu in Provincia Lancastrensi (sicut Catholici in illotractu 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 premiorumspes 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. 111 &c For the contemporary significanceof the comet see Howard Robinson, The Great Comet of 1680An 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 furtherdetails

Authoreforteunico, Majestatis arcessita, in Jus vocata, sed Judicis industria, detecta Accusatoris Blundelli (ita vocatur hujus mali fons, et primus turbo) fraude, illa declarata est non rea;illegraviter increpitus deinceps quiescere, cristis depositis, coactus est Quies etiam aliis data, et Patres solitis Laboribus restitutiin illo tractu.

LIBER V.

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. Nova in Catholocis calumnia , voluisse classem incendere . Joannes Morus Londini Praetor . (592) Sicut in aestu marino, luna aut nova aut plena, aqua fluctus turmidos in vicinorum fluminum alveos effundens , eorum consuetum cursum remoratur primo, deinde sursum propellit, donec ripas superantes fluvii vicinas planicies inundant, quasi Diluvium immineret; ubi tamen terminos Dei Providentia praefixos attigit (qui dixit: " hucusque venies, et non procedesamplius, et hic confringes tumentes fluctus tuos, " Job. xxxviii, ii.), refluit et in antiquos sese limites recondit: ita factiosorum studia, qui officii sui in optimum Patriae Parentem immemores , superbia tumidi, Plebem propulere extra designatum ei alveum, cujus ope cunctos obruere speraverant ; sed Dei, in Angliae bonum vigilantis, Providentia Demagogorum consilia confudit Si quidem redeunte paulatim Plebi sana mente, et cum ea officiiin 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 anno inchoata, duobus sequentibus peracta sunt. (593) Mirabantur Caroli Patientiam omnes a Partium studio liberi, quod ferret tacitus tam tetra de se dici, cum singulorum orationibus , tum omniumlibellis; hoc aliqui sequius interpretati, vel Timori vel Impotentiae remedium malo par adhibendi , vel etiam Insensibilitati aut Stupiditati tribuebant; paucissimi, 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 solum bonum publicum prae oculis habere videbantur Ast istis altercationibus apparuit Comitia, maxime Inferius Conclave, ultra progredi , monarchiam eversum ire, totam sibi potentiamarrogare, Carolo insultare , aequa negare, iniqua petere, cum in aliis reprehenderent tyrannidemfictam, eam veram invadere, refrixitpopuli favor, rediit Principis observantia, absque qua de sua quoque Libertate actumvidebant Qualia enim futura essent Parlamenti

ENGLISH PERSECUTION OF CATHOLICS

imperia senserant motuum civilium tempore, experientia docti minimum ejus digitum Regisdorso grossiorem esse Moderatiores quique Conclavis Inferioris Senatores alios fervidiores monebant, modestius progrederentur ; fore [f. 130] 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, unde non dabatur tutus regressus , viderentque quae ausi fuissent, nisi majora audendo, defendi non posse.

(594) PARLAMENTI ACTA Resumptae hujus anni initio Parlamenti sessiones. iv Januarii, Carolus Inferiori Conclavi significari curavit se legisse attente, et propensissima voluntate illis +complacendi, + quantum fieri possit, illorum libellum supplicem (de quo supra). Dolere se , quod ita urgerent Eboracensis exclusionem, quasi alia remedia forentcontra Papismum inefficacia. Se non posse eam 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, nec Religioni, neque Regi, neque Regimini , satis caveri posse Alia remedia et inefficacia et perniciosa Dare pecuniam, eo non excluso, omnia illa in discrimen conjectum ; se quoque eam dando officio suo defuturos in eos a quibus fuerantin 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 expelli petunt * Sic in homines inauditos et inaccusatos ferunt sententiam . Videbimus infra cur ita pertinaciter Eboracensem excludi peterent, unde etiam factum, ut Carolus tam constanter eis refragatus sit. (596) Eodem die vii Jan. decretum aliud conditum. " Si quis pecuniam ullam mutuo dederit Carolo, aut alteri eam 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 bruta fuerunt fulmina, cum quod alterius Conclavis consensus non accesserit, tum quod Carolus eodem die

* C.J ., ix, 699

C.J. , ix, 702 .

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, flectere cum nequiret superos, Acherunta movit. Curavit enim per suos emissariosa 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 decretum, non licet illud amplius in eadem sessione proponere; secus si Parlamentum prorogatum sit, tametsi ad unam tantum horam). Humillime proinde supplicant , liceat Parlamento die statuto convenire, et manere, donec negocia, quae prae manibus habent expedierint.

(598) Haec illi. 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 illo senserit, Edicto manifestavit xviii Januarii edito, quo Parlamentum [f. 131] praesens exauthoravit, et alius indixit xxi Martii, Oxonii celebrandum . *

(599) Parlamentum hoc iniquissimumsupremis Potestatibus fuit, quarum in variis +authoritatem+ contrahere voluit. Nimirum I. Legem rogando de conventione et sessione Parlamentorum . II. Quod Judices Regiae potestatieximi 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 praeposuit, quamdiu se bene gesserint . Unde neminem amovere fas esset, nisi lite praemissa. III. Quod hostes publicos 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 Haereditariumin Electivum mutare voluerit

(600) Caroli rebus, licet praeter intentionem, profuit ista sessio, Í quatenus depositis Larvis, studia occulta 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

ENGLISH PERSECUTION OF CATHOLICS

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 illis animos ad audendum faciunt , hi vires, alii consilia in medium conferunt A quibus seorsum sumptis minor metus, cum his mens , aliis corpus deesset Oxonii vero cives factionis studiis liberi a Carolo stabant, sicut viri Academici magno numero .

(602) Hinc e Proceribus XV confecto libello 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 Papistarumsicis 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 Satellitum (quorum plerique aut Papistae aut suspecti) futurum esset. Unde de Actorum valore dubium nasciturum Rogant proinde Londinum convenire jubeat. Huic subscripserunt Monmuthius , Shaftesburius, Graius, Howardus , &c * Essexius, qui Carolo libellum offerret, ab aliis electus; cui gratiae a Senatu Civico actae, quod ingratam Regi Provinciamsubierit , licet obtinuerit nihil a Carolo , propositi sui jam tenaci

(603) CHARTA LONDINIENSIUM INSOLENS . Itum ubique ad electionem Senatorum, et ubique fere iidem iterum electi Illud vero novum et insolens, quod cives Londinienses electis a se senatoribus Chartam tradiderunt, qua gratiisactis deforti fidelique opera in superioribus Comitiis navata, ad compescendos Papistas, Regem, Religionem, Regimenque servandum, firmandas frequentes et longas Parlamenti sessiones, asserenda populi Jura, maxime vero ad amovendum Eboracensem, hortantur, gnaviter eadem promoveant ; pecuniam ne dent donec ullus 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, [f. 132] 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 inferendam 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.

quibus intextum hoc Lemma: nec Papismus, nec Tyrannis. * Nihil boni promittebant haec armatacomitia.

(606) Confluxit eo Regiorum Testium turba, qui solito more bacchantibus in Catholicos furorem adderent, Oates , nempe, et Dugdallus, Turbervillus et, proh dolor! Joannes Sergeantius et David Mauritius Carolus omnibus convocatis dixit impositum praecedenti Parlamento finem, ob illicita Conclavis Inferioris consilia Se nec despotice regere velle, 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, extinctoquehonore 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 aegretamen 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 . 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 aucto 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 utparticeps fieret pecuniae, quam Innocentius PP . XI illuc miserat, in subsidium Catholicorum Anglorum, qui in Belgium se receperant. Reperisseeam distribui ab iis, qui Pontifici vovent obedientiam; iis vero subsidiis excludi, qui suam jurejurando fidem Regi obstrinxerant Quibus auditis , jussere senatoresista 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.+ Nam quod ad Gavani verba attinet, ea uterque retulit ex fide unius faemellae nec sibi con-

* Cf . North, Examen, pp 101-2, and Sitwell, The First Whig, p 144 L.J. , xiii, 745

The Informations of John Sergeant and David Maurice Gentlemen; Relatingto the Popish Plot ... London 1681 .

ENGLISH PERSECUTION OF CATHOLICS

stantis ; nam consulta de iis Bruxellis , dixit Gavanum haectantum 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 factam esse mentionem ; adeoque omnia a vero longissime abesse. Quae vero a Mauritio addita a vero aberrare ait IllustrissimusInternunciusBruxellensis, qui dixit proprioMauritii 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.

[f. 133] Discordiae pomum fuit causa Odoardi Fitzharrisii, Majestatis accusati, cujus cognitionem Inferius Conclave Superiori detulerat, et hoc censuit eam ordinariistribunalibus permittendam Hoc inquit Procerum longe major pars Aliqui tamen numero xix protestati sunt contra hanc Procerum sententiam , et inter hos Monmuthiuset Shaftesburius Inferius Conclave, ubi audivit Proceres 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 § (610) Nihil tamen praeter Jus fecisse Proceres 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 ? Universimjure 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 propositum. 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 privatus.

* 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 .

§ C.J., ix, 711. The Commons ' reaction took effect on the afternoon of the same day, viz 26 March

(611) Si enim Proceres illius causae cognitionem ad se evocassent, in qua Inferius Conclave Actoris partes sustineret, sciebat istud penes se semper fore Actionemaut urgere aut remitterepro libitu Adeoque hocsuo decreto Impunitatemparabat. 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 illic a Factiosis, ipso absente, turbae oriretur . Hac inexpectata Parlamenti dimissione quasi fulmine percussi, steterunt attoniti, se mutuo respicientes, Factiosi Proceres et Senatores, nec quidquam consilii occurrebat. Unde cum sesquihoram circiter taciti haesissent, quod nemo primus loqui auderet , 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, eam famam 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 probaret, edictum vulgat, * jubet-[f. 134]que in singulis Ecclesiis 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 quibus 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, quaefirmandisfaederibus necessariaforent; item auxilium quo Tingi subveniretur; hortatum esse , in Conspirationem Papisticam inquirerent; omniafrustra Eorum libellos supplices in famosos degenerasse Despotice varios carceri mancipasse, qui ne minimum quidem Parlamenti Privilegium violarant Ursisse varii condemnarentur et officiis omnibus

* His Majesty's DeclarationTo all his Loving Subjects .... 8 April 1681 (Wing C. 2996 and C. 3000).

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amoverentur nec auditi nec accusati; quo reipsa Regimen vere Despoticum sibi arrogant, dum Regnum ejus ficto terrore perturbant Ulterius progressi vetuerunt ullam mihi pecuniam anticipato solvi, aut quicquam vel dari, vel accommodari, oppignoratis vel in toto vel in parte Vectigalibus Unde nec Amicis auxilio esse possemus , nec 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 eam urgere voluerit, subditos gravare, debilitare causam Protestanticam , Papistis favere, et publicam Pacem in discrimen adducere, censetor Quo decreto potestatem sibi arrogat Inferius Conclave, leges publicas refigendi (ad quas aequa lance distribuendas Judices solemni Jurejurando 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 Nec deessemotiva, quae fidem faciant, amoto successore, in Possessorem aliqua designatum iri. De Fitzharrisio aliam altercationem ortam, cujus causam Conclave Superius mecum sentiebat Judicibus ordinariis esse relinquendam ; Inferius vero illis eripi voluit, evocata ad comitia causa Hoc insuper in Proceres acrem strinxit censuram , ne petita quidem ratione cur Proceres 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 comitiis finem imponere Ne tamen fidem habeant, monet, malignis seditiosorum verbis, se male de Parlamento sentire 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 celebrare, Papismum supprimere, subditorum onera sublevare, juxta Jura regere; sperare se subditorumoculos brevi apertumiri, quo et se et alios cognoscant, et in proximis Comitiis ea statuant, quae e re et Ecclesiaeet status futura sunt ; quibus adfuturos speraret meliorem et fideliorem Populi partem, qui meminerunt quibus gradibus ad extremum malorum civile bellum deventumsit haud ita pridem, sciuntque eversa Monarchia una periisse Religionem, Libertatem, et bonorum pacificam Possessionem ; nec istas, nisi illa postliminio revocata , restitui potuisse

(614) Haec Caroli [f. 135] Declaratio propensis animis a plerisque audita, prava Factionis studia detestantibus, et conspecto quod prope adierant periculo cohorrescentibus, Regnum eo defunctum priusquam plane cognovisset laetantibus . Secutae

361

frequentes undique et minime fucatae Gratiarum Actiones, quod Bono Publico consuluisset, matura Parlamenti dissolutione ; supplicant , porropergat ; suamque illi operam, Bona,vitam ipsam , addicunt contra Rei publicae perturbatores Haec ex diversissimis locis Unde constitit, Factiosos, ut ut pars esset magis obstrepera Plebis, et se Populum Anglicanum dicerent, nontamen majorem aut potiorem Populi Partem 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. Unde totam acerrimae factionis vim in se concitavit; quam ille facile contempsit; tam bene de republica meritus, quam mortalium ullus mereri posse videtur Gratum cunctis in officio manentibus nomen, solis ab eo deviis odiosum . *

Carolus (616) ACTIO IN PLUNKETTUM , ET FITZHARRISIUM . Fitzharrisium merito supplicio afficere certus, ne quis ejus occasione motus iterum oriretur Quo ergo facilius illam sibi spinam evelleret, ne quis inhaereret aut xii viris aut populo ex decreto Conclavis Inferioris Oxonii condito scrupulus, consuli curavit Judices, num Jure liceret Actionem in eum extra Parlamentum institui + Qui responderunt unanimiter, affirmative. Hinc xxx Aprilis ad eluenda sibi objecta crimina evocatus, diu cum Tribunali altercatus est, ejus Authoritatem non agnoscens, Parlamenti nomine velut objecto clipeo sese tegens . Tandem tamen cederecoactus fuit, a Judicibus admonitus, eum utmutum (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 mensis die viii Majestatis arcessitus fuit Illustrissimus 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 Testes in eum dati clerici 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 togetherThe Tryal and Condemnation of Edward Fitzharris Esq .... as also The Tryal and Condemnation ofDr. Oliver Plunket ... London 1681

Plunkett was brought to trial in England at the instigation ofthe 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, fuissead instantiamRegis Christianissimi creatum a Summo Pontifice Hiberniae Primatem. Eum in se recepisse curam Regis illius victricia arma in Hibernia admittendi, quo Protestantes omnes internecione delerentur. Visitasse eum in finem 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 authentica 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. 136] 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 unde conscriberet habuisse Essexium et Barclaium , Hiberniae Proreges, se magnis encomiis ornasse, tanquam de publicooptime meritum, pacem colendo et seditiosos in officiocontinendo * 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 tantum Passuum millibus Londino distat) intraque biduum adesse posse, tantula tamen ampliatio negata, sententia in eum et Fitzharrisium simul lata est : uterque consueto Perduellium supplicio plectatur ob majestatis crimen uni vere, alteri falso affictum Constans fama est hunc beatae memoriae virum non aliam 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 Justitiam 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 reallysincere 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 Talbotover the Primacy were certainly welcomed at the Castle. Coventry is in fact 90 miles from London. The trial of Plunkettwas also a very necessary step in the Whig preparations for an impeachment of Ormonde

gaudio repleverat , indeque in oculos totumque vultum sese effuderat, illumquehilaritate singulari repleverat ; alter, contracto maestitia vultu, oculis humi dejectis, facie tota desperationem praeferente, viva erat viri per mortem infamem ad aeternas miserias transeuntis imago *

(619) ORATIO PLUNKETTI Olivarius primus Carrucam conscendit ; unde in haec verba populum allocutus est [see translation]

(625) Fitzharrisius subinde Carrucam conscendit, tam Majestatis Reus (ob libellos famosos in Carolum) quam alterimmunis. Is Ministellis, implorata in eo articulo ope, paucis agnovit, eorum se reum quorum fuerat accusatus Criminum suorum atque complicum pleniorem noticiam habere cupientes ad scripta remisit, quae Ministéllo 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 illa pridem cuidam Magnati tradita. De Religione interrogatus , ait Ministellum de ea responsurum.

(626) Subducta deinde carruca, pependit uterque, alter grata Deo Caelitibusque victima, quorum numerum auxisse etiam a Protestantibus affirmatum. Eorum cadavera, exustis visceribus , in quatuor partes secta , 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 Ecclesiastica in eo Regno, sed potissimum preciosa in conspectu Domini Morte reddidit illustrissimum. 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 rigore animadvertit, eam conflavit Invidiam, cui (accedenteFidei odio) imparfuitin Anglia

* Cf . letterof John Ellis, 2 July 1681: " Plunkett andFitzharris 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 at 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 Larkfields an arm (Weldon MS Collections , vol i, f 514; Allanson MS Biographies O.S.B. , f 614) For the present whereaboutsof his relics see Camm , Forgotten Shrines, p 366. Concerningthe grave cf. also Dom . Hugh Bowler, O.S.B. , Bl Thomas Pickering (Downside Review , July 1940).

CATHOLICS

(628) Eundem Carc-[f. 139]erem subiit Londini, quem incoluerat Thomas HarcottusS.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 sepeliretur, 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 solicitos) ; alia gravissimi momenti, quae non Eboracensem aut Reginam, verum etiam Carolum recta 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 . Hinc 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 conflato, dictus est Scriniarius Protestans Obscura nomina quidem, sed quibus nec ingenium deerat nec industria, supererat vero audacia; unde fuit (mirum dictu !) in illa 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 minimedubium sit, illius Idaeam inde desumptam, sed multum in deterius mutatam, quatenus Galli tectius, isti apertius Obedientiae Jugum excutiant Quod patebit ei, qui hanc cum altera a Mainburgo§ 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. The Paper which was seized in the E. of Shaftesbury's Closet ... London 1681 Black-letter] (B.M., 816, m.2 (31)) and The Two Associations One Subscribed by CLVI Members of the House of Commons in the year 1643. The other seized in the closet of the Earl of Shaftesbury 1681 (B.M., T.1* (76)).

§ I.e. Louis Maimbourg (olim S.J.), Histoire de la Ligue (1683), trans John Dryden (1684) (Wing M. 292).

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 Oate 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 Papistas 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 Potentiam Juraque Parlamentorum defendere. Dicis [f. 141] 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, nec 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 addicta fide promptaque Obedientia.

(645) Confirmanturexecranda studia in sexto, dum spondent nunquam se huic faederi renunciaturos , iisque qui resipuerintet 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 Rebellionem 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, nonnulli 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 Presbiterianos leges aliquas tulerit Elizabetha. Haec enim initio cum solum a Catholicis timeret, quibus sua nataliaprobarinon posse satis constabat, graves, acerbas, crudeles leges in eos fixit. Iis Majestatis crimine teneri cernitur , qui sacerdotio initiatus est; item qui sacerdotem hospitio exceperit, qui hereticorum sacris relictis Ecclesiae Catholicae fidem amplectatur, quive ut eam 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 olim 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 retinebantProtestantium, 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 ullam Elizabethae deberi obedientiam ; unus stricto gladio domo, ubi concionatorem audierat , erumpens, obvios quosque trucidare conatus est) Sic neglecta scintilla mag-[f. 142]num minabatur incendium nisi Elizabetha, virilis animae faemina, (in qua praeterOrthodoxam fidem et melius Jus ad Regnum+ nihil desideres ), propere occurrisset cum aliquorumsupplicio , tum Legibus contra conventicula latis, gravi iis indicta paena, qui Parochialibus Ecclesiis abstinerent quocumque titulo.

(650) Legum istarum vigore conventicula eatenus neglecta, seditionum vera seminaria, claudere statuit Carolus Conclave Inferius crucem Factioni statui probe sciens, sciverat in Protestanticae causae ruinam tendere, qui in veros Protestantes (ita secum sentientes appellabant) legum paenas extenderent . Cum tamen id neque Carolo nec alteri Conclavi probari potuisset, quo scitum suum ipsis invitis 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 etiamnuminhaereat II. Reges Plebis famulos esse; cui sui regiminis rationem reddere tenentur ubi ea repetitur III Parlamenta constare tribus statibus, sive triplici hominum genere : Rege, nimirum, Nobilibus, et Plebeis, quorum duo primi Conclave Superius, reliqui Inferius conflant 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 conditores 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 occasioliberos 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, conjurationisCatilinariae compertum, Pater indicta causa necari jusserit De Summo Jure Paterno multum Jure detractum postea, ut necesse habuerint contumaces filios Judici offerre, 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 familiaein unum corpus coalescant, quod civitas dicitur; quave auctoritate leges condant (quam Deus a se profectam asserit, Prov. VIII, supra laudatis verbis); nec obstat L. sed et quod Principi placuit, Inst de Jure Naturali &c, quae non agit de Jure primaevo leges ferendi , sed de ejus ab una ad aliam Personam Translatione

(654) Secundum, Reges nempe Plebisfamulos esse , nonimpium modo (utpote expresso Dei verbo contrarium, cum Apostolus diserte Dei Ministros esse pronunciet ) aut seditiosum; sed et stolidumest atque communi hominumsensuicontrarium* 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, [f. 143] 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. 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 quodsequantur se statuere affirmavit. Verum (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, aliis 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 67- Parsons 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.

Eadem machina aliam ejus potestatem evertebant , Parlamenta prorogandi aut dissolvendi

(656) Quartum, conclave inferius 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 eam ista in Deputatos suos totam quanta est transferat, sequitur illam pro tempore in illis solis residere . Unde sequiturin 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 solitariusconsuleretur, 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 aliquam 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 deputandihabente , +nec Juri suo in aliorum favorem cesserunt unquam.+ Unde nihil mirum, si alia oppida admodum frequentiajure illo careant. Hinc typis vulgatum a rerum istarum Peritis , vix decimam Plebis partem 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 aliquibusfamiliis 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 illa fictitia Plebis Repraesentatione nititur. Enim vero numquam in Anglia auditum aut unius Conclavis, aut utriusque simul, valere Decreta, necdum a Rege Rata habita, nisi ex Rebellium ore. Cum enim Bello Civili Parlamenti faex Londiniincubans, excusso Obedientiae jugo, Tyrannideminvasisset, decretum condi-

ENGLISH PERSECUTION OF CATHOLICS

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 frequentantes 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 scriptamJuratis Majoribus Londini probare non potuerunt tres Testes contestes, quorum unus e Parlamento , alii Dugdallus et Smithaeus, magna inter Regiostestes nomina Indignati Boni Reum non suppliciotantum, verum etiamjudicio 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 Papistarum opere Dicam , hos vires suas in se primum experiri, in reliquos deinceps veros Protestantes sensim grassaturos. De sua Innocentiadubiumessenon posse, quodvere 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 , atque Judices ipsos, ut mirarentur omnes impune tulisse. Rescitum postea, volentes eum in Jus vocare Procuratores Regios Carolo imperio retentos, crabrones nimium irritare nolentis ; qui satis habuit illum Aula excludere, unde ad suos intra civitatem Amicos se recepit.

(660) ACTIO IN SHAFTESBURIUM REJECTA. Instruebatur interea in Shaftesburium captivumActio. Dicam in eum scriptam, multis testibusfide dignis confirmatam , exhibitam, Jurati Majores Londini rejecerunt, facti ex Judicibus Rei Patroni atque Compurgatores. Producta Associatio, de qua supra, in ejus scrinioreperta; eam dixerunt isti ab aliquo Papista illic depositam. Auditi Testes, qui deposuerunt eum voluisse Carolum in potestatem suam redigere, Monarchiam evertere, Regimen dissolvere, Democratiam inducere , &c. His ullamfidemhabendam 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 . 24 November 1681 .

plausu excepta; ea vis exinde illata, ea verbera testibus inflicta, ut inde suis pedibus nunquam recessisent , nisi Vice-Comites Londinenses armatis viris septos educi curassent e civitate Nocte sequenti tota civitate excitati ignes festivi, campanae pulsatae, alia publica Laetitiae signa edita, quae nobilissima parta victoria edi solent 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 itidem captivum Dica Juratis ibidem exhibita ab his cum sibilo rejecta fuit. * Cumque hac ratione Judices solis bonis crucem, malis impunitatem, paratam viderent, statueruntin 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 anno 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. 145] 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 expensisgerendam 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 ipsam 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 Caroli jussu in diem xxviii Julii comitia; illis 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 missusestad antiquumilludsuum Regnum; datam sibi inde occasionemet Carolo inserviendi et animum osten-

* 19 October 1681

ENGLISH PERSECUTION OF CATHOLICS

dendi in Scotiae bonum propensum Caroli nomine spopondit salvam fore Religionem Protestanticam Jure firmatam, 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 illius Imperio, hujus justissimis votis responderent, e vestigio decreverunt unanimes Scotiae Regnum ab initio fuisse , esse , semperque fore haereditarium; nullam Religionis diversitatem obstare, quominus 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, extincta 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 suppliciumevasit ad tempus; qui dissimulata personaperAngliam in Hollandiam concessit; unde post quadriennium in Scotiam reversus, debitas luit paenas seditionis * Saevitum ulterius a Comitiisin 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 Julii, die xviii Actio in Milonem Stapletonum Baronettum, Thomae Gasconii cognatum instituta Eadem crimina Majestatis ei objecta, quae reliquis Catholicis : Carolum trucidare voluisse, Regimen evertere, Papismum inducere, &c Testes in eum dati Ioannes Smithaeus (qui ea tantum dixit, quae Romae et Parisiis de Conjuratione [f. 146] audierat , nihil vero quod captivum afficeret), Bolronus et Mowbraius , qui eadem huic objicerunt, quae pridem Gascono : convenisse nimirum hunc domi suae , illic institutam deliberationem de rebus objectis ; de suo octingenta scuta Caroli Percussoriaddixisse, &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

(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 admissaexceptio, licet id hisjure 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 Julii 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,§ 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 quadringentorumscutorum, iis addicti, qui Jesuitam 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, gaudiuminternum 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 1681

The man had called his dogs Oates and Bedlow . SeeTheTryal and Condemnation ofGeorgeBusby,for High-Treason As it was faithfully taken, by a Person ofQuality. London 1681; and Foley, v, 500 sq

§ AnchitellGrey, 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. Needhamaddedfurtherinformation 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, accompaniedbyGrey, acting on an anonymousinformation, 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 Judicum consessui se sistendi; a quibus plenae libertati restitutus est, ea lege ut intrasexmenses solum verteret. Dum ista scribo Rectoris Tyrocinii Socium agit Wattenis in Belgio. *

(668) NOVA CATHOLICORUM ACCUSATIO VOLUISSE CLASSEM COMBURERE . Nova, exolescentibus aliis, acta in Catholicos accusatio, Classem Regiam igne consumerevoluisse Et designati invidiosissimi facti Dux faemina, Cellaria Edita statim Narrativa haec continens, et insuper Papistas statuisse Shaftesburium occidere, Authore alio carcerum Inquilina; cujus nomen non refero , nec pluribus fabulam confutatione dignam censeo , quam Plebs ipsa, Narratiuncularum ejusmodi satura , cum rejecit nausea

(669) Carolus, hoc anno adulto, commissariis a se nominatis potestatem fecit Ecclesiastica 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 ubique Plebs Londinensis , ob prava studia; tamen frustra sperari videbatur alibi alta Pax, donec ista malo fermento turgeret, cujus exemplum motus alibi fovebat Ministellusquidam inventus qui Parochianos suos die Dominica alloquens, pro themate sumpsit illa verba, 1 Esdrae iv, 15: " Recenseas in libris hystoriarumPatrum tuorum , et invenies scriptum in Commentariis , et scies quoniam urbs illa 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. optimumPrincipem ; eidemdeteriora ominatus, ni tempestive resipiscat et ad officium redeat . (671) JOANNES MORUS PRAETOR LONDINI Quo tempore§ fieri solet Electio Praetoris Londinensis, factiosi totis [f. 147] viribus ejus promotioni restiterunt, cui consueto ordine potissimae partes spectabant. Is erat Joannus Morus, Eques Auratus, magnum nomen, maximae apud probos cives auctoritatis Vir gnavus, industrius, magni et invicti animi, Regi fidelissimus , Factioni infensus. Hujus electioni frustra refragatisunt novarum

* He died in 1695

Cf. C.S.P.D., 1680-1 , p 77; H.M.C., Ormonde, N.S., v, 501-2 , and Warner, supra (§ 483) The repetition of the incident is clearly a slipmade in revision

I.e. William Lewis (cf. Wing L. 1851 ). § 29 September 1681 .

Plura dabit

rerum studiosi, scientes id eam cum partium exitio connexam fore. (672) JOANNIS PAULI OLIVAE MORS Locum in hac Anglicanae Persecutionis hystoria meretur Joannis Paulus Oliva, cum in ea quod ejus in Dominofilii 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 etmeritorum 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 offensam 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 . hystoria Societatis. Hic finis esto libri praesentis

LIBER VI. MDCLXXXII.

(673) ARGUMENTUM Inundatio maxima in Belgio ejusque causae Mutilatur Eboracensis imago. Thomas Thin occiditur Novae indein 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 Angliamredit 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. Novi eliguntur Londini Vice-Comites, publici boni Amantes. Nova inde Shaftesburii factiosorumque studia: illius exilium et mors. Actiones in Pilkintonum et Wardum De IncendioLondinensi , ejus Authoribuset Monumento Legationes ad Carolum. (674) [f. 148] Ut 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 anno praeterito in cassum minas intentasse vidimus Hoc vero videbimus ab inferenda aliis injuria, ad propriam defensionem converti , tandem subsidere et paulatim extingui

(675) INUNDATIO . Contigit hujus anni initio maxima ab hominum memoria inundatio, quae totam Belgii maritimam oram afflixit Rhenus, Mosa, Schaldis retro acti in vicinas seseplanities effuderunt , obrutisnon 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; Antwerpiaein ipsa majori Ecclesia ad quinquepedes. Ostendani fere de salute desperabant. In Hollandiavaria oppida ita obruta, ut solae turres extarent, naves supra domorum tecta eminerent. Nec immunis ab hac peste Anglia, cujus partes occidentalestentavit , ubi littushumilius; verumnon multumnoxae 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-

377

noxie spectavit, cum altiora littora et prominentia saxa una cum citatissimis ventis alio 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-luniis existere 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 Norwegiae 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 conceptam 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 premiumlicet 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 mutilata, probo affectum ; honore utique proboque relativo. [f. 149] Nec enimvero credo eorum ullum Stoica 'Aralia 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 nobilium gradu, magnis opibus spectabilis (ad xl scutorum millia annue ascendere feruntur), inita cum Monmuthioamicitia strictissima clarus, cui adhaerebat fidus Achates, indeque novis rebus studentibus gratum caput, relicta 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

ENGLISH PERSECUTION OF CATHOLICS

nocendi Catholicis erecti, ab his eum occisum dixerunt; structas Monmuthioinsidias, quem crederent ea Rheda vehi ; hunc Divina Providentia periculo ereptum, alterum innoxium virum, veluti succedaneamhostiam, impio furore immolatum Haec e vestigis typis vulgata, et in Populum sparsa variis libellis, in quorum uno dicitur : "Tam certo credo Thinnum a Papistis occisum, ac quidquid in Apostolorumsymbolo continetur " Oates etiam dicebat sibi notum a quibus 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 addicti, nec ullum cum Catholicis Anglis commercium habuerant) idque Comitis de Coningsmarke jussu patratum. Erat is Suecus, * et amabat filiam Ducis de Newcastle (quam Thinnus duxerat), et ab ea ita redamabatur , ut sumpto virili habitu, cum unico ephebo, relicto marito, conventum Amasium in Hollandiam trajecerit. Qui eam 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 anno praeterito manserant in carcere multi sacerdotes , partim Conspirationis , partim Ordinumritu Romano susceptorum arcessiti Quos omnes in Insulas Syllanas deportari jussit Carolus , epistola ad Vice Comites Londinenses directa, ipsius parvo sigillo, sive manuali, munita.§ Id haud ita pridempetierant e Factiosis multi; nunc Carolo id jubente parere noluerunt Vice Comites , nisi magno sigillo 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. Lady Ogle

Reresby, Memoirs (ed Cartwright ), pp 235-241, 243 , gives a firsthand account of the whole affair Reresby was responsiblefor the arrest of the murderers

§ 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 Admiraltywas orderedto provide transport for William Marshall, James Corker, William Russell alias Napper, Charles Parris alias Parry, James Baker alias Morris alias Gifford alias Hesketh, Daniel McCarty and John Bully On 30 Nov. the seven priests were ordered to be taken from Newgatein the custody of ThomasSaywell, 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 thelist) wereorderedtoembark But on 8 Feb. 1681/2 the SheriffsofLondon 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)

dimitti (quasi vero ipsimet non plurimos gravium criminum compertos indicta causa dimitti curassent plena libertate , et maximis premiis affici) ; Exilium non esse paenam Jure statutam in ejusmodi facinorosos: nec 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 INADAMUM ELIOT. * Magna lis ortahoc tempore inter Graium et Northum Barones, Oatem et Eliottum, Canonicum Dubliniensem, in partes traxit. Graii Pater moriens haeredam ex Asse scripserat filium suum; genero Northo exiguum quid legaverat, qui tamen improba spe totam haereditatem devoraverat . Hic falsi Dicam Testamento scribi curavit, aliudque 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 cccc scuta dono dedisse fertur. Hi duo, ut Eliotti Testimonium eliderent, statuunt eum sacerdotii arcessere . Simul itaque Carolum adeunt, ei nunciant esse Londini Jesuitam [f. 150] pestilentissimum , iis, qui plexi fuerant, longe deteriorem, submissum a confratribus speculatorem; tantae audaciae, ut in palatio Reginaesacrafaceret, deinde, sumpto Ministelli Schemate, in Parochiis et conventiculis conciones haberet " Nostin' bene, " inquit Carolus, esse Jesuitam ? Optime, " respondit Oates , " necJesuitam qualem qualem, sed circumcisum . " " Bone Deus!" ait Carolus, " qualis Jesuita est iste ? " " Non est Christianus, " ait Oates; sed Turca " Simulque rogat eum comprehendendi sibi fieri potestatem. Et Carolus ad Eirenarchas remisit, quorum esset in Jura peccantescomprehendere Adiit Wallerum; qui Eliottum vincire non est ausus, cui Graius aderat Eliottus, Magistri Artium gradum adeptus, Audomarum primum, inde 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 sein Oceanum Atlanticum effundit, adjacens) ibi Judaeo cuidam Hamet Lucas dicto venum datus est In Libertatem semet asseruit, fuga difficili et periculosa Mamorram se recipiens, oppidum Hispanorum praesidio munitum, xx circiter passuum millibus Sala distans. Inde Gades et Amstelrodamum ivit, ac tandem Londinum, ubi in familiam Graii defuncti admissus, ejus commendatione in Ecclesia 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

ENGLISH PERSECUTION OF CATHOLICS

(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 aliisid fieri non posse, quod Mamorra in Christianorum esset potestate (quibus biennio post subito 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 erat. Ad IV. Illud a vero longissime aberrare, cum eorum testimoniis , qui eum Mamorra reducem vidissent Gadibus, Ulissipone, et Amstelrodami , constaret, ipsum nunquam rediisse Romam; inde patere aliorum falsitatem; Mendacia et Perjuria vernacula Oatis peccata esse, quibus ipse tam immunis quam alter certo Reus Hinc Judicum sententia Innocens declaratus 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, eam 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 tempora, invidiosissimae, una quod Oatem dixisset nequam, imo nequissimum esse; altera, quod Jesuitas Martyres pronunciasset (mutata propositione conditionali in absolutam). Hinc conjectus in carcerem, unde ad causamdicendam post aliquot menses evocatus,

dccc scutis mulctatus, dimissus est. * Carceris aerumnas haud aegre tulit, cujus parietibustutus erat a vi, quam Factiosi illaturi sciebantur. Haec ipsemet edidit libelloDublinii impresso Londini recuso, haud modica Authoritatis Oatianae diminutione (684) [f. 151] INQUISITIO IN BONA CATHOLICORUM Acerrima in Catholicorum , potissimum vero Jesuitarum bona, toto hoc tempore instituta Inquisitio, quo publicarentur. Jesuitarumimmensa 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 illa, 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 quidam Caroli ingentem pecuniae summam Aerario quotannis numerandam obtulit, ea conditione , ut omnium , quae Catholici toto Regno possidebant, ei usus fructus committeretur Et e Consilio Regio varii, ne factiosos offenderent, silentio assentiri visi sunt Non ita Tuftonus Insulae Thanettae Comes , +Catholicorum Religioni aversus, Personis amicus;+ qui in Juramenta 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 Magnatum against Elliot for his remarks on his (North's) evidence , for which Elliot was fined £10,000 (C.S.P.D. , 1682, p 461). For the sequel see J. Lane, Titus Oates (1949), pp 284-5 .

I.e. Richard Langhornehimself. (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.J., No. 31), and a transcript is among the scripta of the martyr at Archbishop's House, Westminster .

I.e. Henry Booth, son of Lord Delamere But a proposal for a farm of confiscatedrecusant estates for three or six years was made to the Privy Council by Col. Mansellon 4 March 1680/1 The matter was referred to the Attorney and Solicitor Generals (P.R.O., P.C., 2/69, f 236).

OF CATHOLICS

elocandisnecessarius , convelliturFides, et Praeda allectiQuadrup- latores diutius grassantur. (686) TRIMMERS. Gnaviteractum in Conventicula (e quibus malorum Iliada fluxisse constabat) incitante Carolo, propenso sua sponte Londini Praetore, non invitis aliis Ministris; et apparebat non diu restituramFactionem, 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 officioperseveret Sic aequare, hostire, componerevolebant partes adversas, ut plane neutra deficeret, neutra praevaleret. Hinc nomen inditum Trimmers * Carolo ejusque ministris blandiebantur , in eorum se sinum insinuabant , gratiamambibant, non sibi tantum sed et aliis profuturam, in omnem sublevandae Factionis occasionem 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; inde terrestri itinere Neomarkettum, ubi Carolus rusticabatur Ubiquesummis 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, [f. 154 ] quantumEboracensi deberent, testati sunt : mutatum ejus Prudentia in melius Regni statum; Episcopalem ordinem ejus Protectione in debitam 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,

* Cf. Halifax's celebrated Character of a Trimmer ..... 1682 (Wing H. 294)

There are no pages 152, 153, in the MS

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 meliori 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 ejusincolumitateconceptum, licet mortem inevitabilem prae oculis cernerent, faustis clamoribus testati sunt *

(689) Navarchus certis indiciis et propria confessioneconvictus 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 Breviisdeclinarat, 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.J., PRAEPOSITUS

GENERALIS . IneunteJulio novum Societati Jesudatum 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 compositaerem longe aliter accontigit, retulerunt: Gallos nimirum hunc excludere voluisse, sed Germanos cum Hispanis et Italis, Gallos pugnis et calcibus caesos expulisse, et Electionem peregisse. Quae quantum a vero absint norunt quotquot Romae tum agebant; adfuerunt enim Electioniquicumque per Constitutiones Societatis adesse poterant , e xxvi Europae Provinciis Praepositi Provinciales, aut qui eorum vices gererent, quisque cum duobus Electoribus ; et omnium unanimini suffragio praeterquam 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 election.

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Societatem Electio , ubi ipse notus; adeo constans erat de ejus Pietate, Integritate, Experientia, Prudentia, Fama. (692) GULIELMUS BENTNAEUS CAPTUS . Dum hujus Electionis occasione Romae ageret Anglicanae Provinciae S.J. Praepositus, Gulielmus Bentnaeus, senex octogenario major, qui xlii annos inMissionetransegerat, et Apparitorumdiligentiamsingulari industria eatenus [f. 155] eluserat tum praesenti tum superiori Persecutione, cum Bello Civili omnia arderent, tandem in eorum casses incidit Ierat de more Sacramenta ministratum duabus nobilibus virginibus, Baronis Bellamontii Patruelibus . Iste ubi hoc audivit, sumptis secum Apparitoribus, in earum domum violenter irrupit, nec quaerendi finem 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 dedamnato sumptum supplicium , incertum quam ob causam . De ignobili facinore non diuturnaNobili Bellamontiolaetitia; 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 Ecclesiae Pace, Libertati et Gregi suo restitutus est *; quem etiamnum non Sacramentis tantum 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 ; tantailli in juratis Londinensibus fiducia, tanta de alibi cogendis diffidentia. Et vero metus 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 , lentum 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 pernicie Arma enim paraverant Factiosi non defensiva tantum; sed et offensiva .

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

(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 augendum pondus, plumbo repleverunt . Illud manubriovel 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 dispergeret Ejus usus tamfacilis, ut etiaminconferta multitudine, ubi inutiles et gladii et sicae propter compressa brachia , modo sola manus carpo tenus rotari possit, proxime adstantibus certa ex eo pernicies. Hoc tum quidem ignotumRegiis, rescitum postea; unde patuit, quantum civibus Londini periculum Divina Providentia discusserat Quis primus talis teli Inventor, nescitur ; doluerunt aliqui non ipsi evenisse, quod Tauri Phalaridis Inventori, ut primus Artis suae experimentumfaceret, 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 Protestantes ejus essent inventores, eoque grassari parati essent Ignotum priscis saeculis telum praesenti debemus, et mitissimo, pacatissimo, ab omni sanguine alienissimo Calvini gregalium spiritui Eorumtamen 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 quatuornominati, 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 denuoeligunt, sed electum agnoscunt, sive Electionem ratam habent Hoc Praetoris jus insuper habendum dixerunt antiqui Vice-Comites , quorum erat suffragia colligere, volentes de Northi electione cum aliis agi; cumque Praetori pateret, alia praeter Jus in suffragiis colligendis fieri à Vice-Comitibus , qui aliquorum 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; Cf. The Song of the " Protestant Flail, " published by Nathaniel Thompson 1681 , and quoted in Muddiman, The King's Journalist, p. 236 The Flail was supposed to have been invented by Colledge . See alsoNorth, Examen , p. 573 .

Cf.C.S.P.D., 1682, pp 263-5, andforproceedings in Julyibid,p. 295; also North, Examen, p 608 sq

ENGLISH PERSECUTION OF CATHOLICS

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) Unde Litteris ad Praetorem datis Carolus eam irritamjussit esse, atque denuo novam instaurandum , juxta antiquas civitatis consuetudines. Negarunt factiosi audiendam Regis Epistolam in Consilio Civico, quod Carolus I. declarasset Consilium Regium de bonis Anglorumdisponere 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, mulcta bis mille scutorum , molestas vexationes, quas in illo officio rebus adeo turbidis vitari non posse sciebat, redemit suffectus ei legitima electione Petrus Rich, qui fuerat bis ad Parlamentum deputatus. Et

(696) SHAFTESBURII ET FACTIOSORUM NOVA STUDIA . Incredibile quantumistorum 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 antea placuerant lenta consilia damnavit, et ad vim subitam adhortatus est, qua viva voce qua scriptis , necessarioaut utrumquefratrem, 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 convertere, et quod designabant efficere .+

(697) Acciti e Scotia varii, praetextu quidem, quasi in Carolinam (ea Anglorum Colonia est in America) cogitarent, revera ut consilia communicarent . Adfuerunt et ab Argilio deputati. Primocum Scotis altercatio, quem in finem declararent sumpta a se Arma ? Conveniebant omnes , quid desererent , nempe presentem Regem, non item quo tenderent ; cum Angli Democratiam praeferrent , pro qua negarunt Scoti ullum e sua gente arma 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 promptamvoluntatem et corpora afferebant, sed pecuniam [f. 157] nullam. Unde petierunt cxx millia scutorum sibi e vestigio dari . Angli negabant talem summam brevi para-

bilem esse; tandem in xl millia conventum Statim civitas in viginti regiones divisa ; cuique Regioni viri gravi deputati, qui militiae aptos describerent, iis arma distribuerent, et ad ea induenda, ubi classicum auditum esset, paratos haberent. Idem ut in aliis Provinciis fieret, decretum Disceptatum exin utrum intra an extra Londinum efferendum esset Seditionis signum, et conclusum utrobique simul, quo magis Regiae copiaedistraherent[ur]. Haec omnia ita secreto gesta, ut hoc anno nihil Carolo ejusve ministris innotuerit; sequenti vero sunt in lucem producta a factiosis ipsis. Quo firmius vincirentur inter se voluntates addito Religionis nexu, dicta dies, qua in quandam Ecclesiam Parochialem Londini convenirent , Gratias Deo actum pro Caroli incolumitate et Regni pace (iste pretextus ), illic concionem audirent , inde 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 praecipitiocavendum; non praeviso exitu, motusejusmodi temere suscitatos erroribus carere vix posse, quibus nulla arte, nulla ope occurratur.

(699) SHAFTESBURIUSEXILIUM ET MORS . Shaftesburius cum Scotis comperendinationes omnes damnabat, quod consilia id genus cum tot hominibus communicata (constat plusquam vigeties mille illorum participes fuisse) diu celari non possint, quin ad Caroli adeoque Publici, noticiam deferrentur alicujus conspirantium aut Imprudentiavel Paenitentia , cum totius causae omniumque conjuratorum pernicie, cum ex Provinciis nunciareturomnes ad arma capessenda imparatos esse, et Londini Plebs aliquoties concitata , statim Praetoris Londinensis vigilantia compressa 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 Juratorum 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 fratres quam ocissime obruerent , + voluntarium exilium periculosae in Patria vitae praetulit, et cum duobus tantum sociis, Fergusono et Walcotto, 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

ENGLISH PERSECUTION OF

CATHOLICS

patrocinium, nisi probrosum aliquo modo videretur nobili genti cunctosfactiosos, perduelles, nebulonesin eas Provincias, tanquam in communem Europae +Sentinam + confluxisse.

(700) Mira rerum mutatio ex ista Vice-Comitum Londinensium creatione secuta (quam eam 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 edixerat, ex omnibus ipsius Ditionibus aufugit, idquead Hollandos, quibus internecinum bellum denunciarat , dum Angliae Cancellarius esset , si quidem quacunque de re ageretur, sententiam suam verbis a Catone desumptis claudebat : Ita sentio, et delendam esse Carthaginem, [f. 158] Federatas Hollandiae Provincias intelligens. Non 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 Parentem 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 familiae suae monumentum inferretur Quod anno sequenti ineunte contigit; in isto ponitur, quod nunc scenam deseruerit , quam tanto tempore magno Publicae Rei malo occuparat. Ubi novi 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; quitestati 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 quadringentorummillium scutorum imposita, et donec solvisset carcer Wardo deinde Perjurii comperto gravis mulcta imposita, quam ne solveret, neve in vincula conjiceretur , in nota solis fidissimis Amicis semet abdidit latibuļa (702) DE INCENDIO LONDINENSI , EJUS AUTHORE 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 (The Month , 1912)

vero, dum esset Londini Praetor, basi altissimae columnae, ad futuram Incendii memoriam, erectae (quae inde monumentum appellatur), haec insculpicuravit: " (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, atque Papismum et Servitutemintroducendam , promoverent. " (704) Domui vero, unde ortum incendium, haec inscripsit: " Hic caeli permissione, a malignis barbarorum Papistarum 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 Wardo Equite. "

(705) Haec illae inscriptiones Sita est ista Turris haud procul a Ponte Londinensi , iisque forma similis est, quae Romae

Trajani et Antonini optimorum Principum dicuntur, et jam

Beatorum Apostolorum statuis ornantur; facta ex quadratis lapidibus , ubi e quadrata basi emergit, figurae rotundae, ordinis

Dorici. Basis alta xl pedes, ejus latera xxi Turris ipsius diameter xv, altitudo clxxv 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. 159] parte Porta est, in medio gradus ex Marmore nigro ab imo ad summum usque. Uni lateri litteris majusculis ista insculpta sunt [see translation]

(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 clarius ostendam, unde forte patebit non minus insulsam, et a vero alienam [f. 160] Wardi quam Oatis aut Tongi fabulam Ab Huberto incipiam, quem Wardus fide vere Protestantica Inscri-

* I.e. Anglia Notitia, or the Present State ofEngland, by Edward Chamberlaynefirst ed 1669 (Wing C. 1819 et sq .).

ENGLISH PERSECUTION OF CATHOLICS

ptioni suae inseruit, et Papistarum 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; unius manus usum plane amiserat, et tibiam aegre trahebat IsImperioPatris 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 inimicamgentem deferret Londinum appulit biduo priusquam oriretur Incendium; quo tempore navi egressus non est Hubertus Cum spectarent omnes e Navis Pergula collucentes flammas, visus est Hubertus spectaculo mire delectari, unde Navarcha 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 inquirendum in IncendiiAuthores, Hubertumeo crimine purumdeclaravit. Iste tamen suspendio non peccati quidem, licet de eo damnatus, sed Amentiae suae paenasluit

(711) Ex quibus constat : I. eum non venisse Londinum , ut urbi ignem injiceret Rhotomagum enim navigabat, unde non propria aut ipsius aut Navarchae sponte; sed Anglicae classi Praefecti jussu cursum deflexit Constat II ipsum non intulisse pirobolum illi domui, unde 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 Catholicosnon afficere, quia cum isto nihil unquam 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 Jesuita audiebat. Audiamus Lestrangium solita facundia et soliditate insulsam fabulam rejicientem : Quam absona, quam ridicula fabula," inquit, " homuncio vix pedibus incedens eligitur ad tale

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

facinus ; Papista prodit ex Ecclesia Calvinistica Stockolmiana ; designatus ad IncendiaLondini spargenda navi imponitur Londinumhauditurae Notissime stultustalis 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 illius 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 crimina quorum accusabantur, et pro Tribunali et ad Patibulum confessi sunt; dixerunt insuper, ipsis e medio sublatis, superesse alios, qui incendia spargant, idque iiiSeptembris (quo revera Incendiumortum est); illum diem prae aliis electum , quod ferrent Astronomorum Ephemerides illum fore Civitati fatalem , forte et Monarchiae Quae in Gazettis Londinensibus eorum [f. 161] supplicia referentibus , confestim vulgatis continentur

(713) Ut tamen, quod passim sentiunt plerique et Prudentiores, dicam, videtur a Justissimo Deo profectum , seditionum , BellorumCivilium, et inauditi a seculis Parricidii paenasa 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 fallor, 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 Templariorumaedes, grassatus est , alia loca populatus , quae in Monumenti inscriptione feruntur , donecis, qui Incendiumjusto 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 afflicto 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.

(716) Haec de Incendio Londinensi , quod Patientia Wardus maligne famosa Inscriptione Catholicis affixit, quo ejus Invidia posteros 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 consultum. *

(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) Johanni Moro, sopitis magna ex parte turbis, seditiosis compressis , rebus in Pace fere compositis, probis viris in Magistratum assumptis, Praetura defuncto, a Consilio Civico Solemnes Gratiae actae, pro bene, et in Publicam utilitatem recte administrato summo inter cives magistratu.

(719) LEGATIONES AD CAROLUM . Quae in Anglia Factiosorum opera vilescebat Caroli Auctoritas, eam e septentrione Mosci, a Meridie Fezzeae Maroccique Imperatores, ex Oriente BantamiRex, coluerunt , missaquisque 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 restoredafter the Revolution, and only finally deleted in 1831 (Thornbury, Old and New London , i, 567).

For Sir John Moore's views on the Plot see Bowler, C.R.S. , xxxiv, 344-5

(720) [f. 162]

LIBER VII. MDCL XXXIII.

ARGUMENTUM . Factiosorum Dialectus , et Arma Eorum consilia de Carolo, et Eboracensi e medio tollendis. Locus facinori destinatus Ridiculus Delator. Insidiae Jonesio 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 (Januario 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, nullam tamen reipsa illius rationem 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 vestem nectentibus solvebat, et statim iterum nectebat, proferendo vocem , Harmonia Si alter idem faciebat , sciebatur initae conspirationis particeps esse Et sicut aliqui 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: I. Sclopi minimi, vulgo Pistolettaedicuntur, quales Ephippiis suis equites appendunt. II Majores illi, quos Moskettos appellant , qualibus Pedites utuntur. III. Nostratibus particulare, exteris gentibus aut ignotum aut non usitatum, Blunderbussos vocamus, longitudine Moskettis par, Tubi laxitate longe majus, xii aut xiv Mosketti globos et facile continet et apte evibrat, 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, calamosAnserinos; tertii vero cigneos Pyrium pulverem et globos 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 aucupium cogitare Hac arte

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secure de conjuratione loquebantur ab aliis auditi, a solis consciis intellecti Studia soli Carolo latebant, cujus maxime intererat illa cognoscere , et licet omnia suspicionibus scaterent, ipse tamen solus nec in metum, nec in suspicionem induruerat; quo certius et ipsiusmet,et Regni a pernicie servatigloriam non ulli humanae industriae, sed Divinae Providentiae acceptum ferremus : quae ut eum contra publicos Hostes ab exilio revocatum in throno collocavit, ita eum contra occultas 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 selectiscommiserunt , quorum imperio cuncta gerebantur Hi fuerant initio Monmothius , Essexius, Grayus, Russellus, Howardus Eskrickius , Algernonius Sydneus, et Joannes Hambdenus, septem numero . Ceterum cum Howardus aliqua imprudenter effutiisset, ex eorum albo deletus est

(725) FACTIOSORUM CONSILIA Adhibiti data occasioneRomzeius, Armestrongus, Fergusonus, et Shephardus. His prima deliberatio [f. 163] 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 inThronumelevandus ? 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 Tumde vindictasumendaactum: Joannem Morum, Praetura defunctum , ejusque successorem , Prichardum , una cum Vice Comitibus Londinensibus , extremo supplicio affici statuerunt, eorumque pelles stramine fartas in Domo Civica suspendi, ad posterorum terrorem. Idem de Judicibus 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 RegisCatholicis imbuendum censuerunt alii, ejusque horrore commota plebe Papistas omnes, etiam qui Larvati Papistae dicebantur erantque vere Protestantes, internecione delere; solus Fergusonus contendit Parricidii gloriam cum Papistis non dividendam , ob quod olim hariolabatur statuas Senatus Populique Anglicani nomine Percussoribus ponendas, cum hac inscriptione : Patriae Liberatoribus

* Cf . Sprat, A True Account andDeclarationofthe Horrid Conspiracy .. 1685, p. 40. Warner accepts Sprat quite uncritically as his major source for the Rye House Plot as a whole

(727) LOCUS CAEDI REGIS DELECTUS . Locus Parricidio patrando aptissimus visus Rumboldi, * qui sub Cromwello meruerat, domus, sita media via Londinuminteret 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, ideoque magis obnoxius injuriae Eam viam inibat Carolus, quia rectior, ideoque brevior, relicta a dextris communi. Domus ipsa, et hortus lateritio muro alto et firmo cingebatur , fossa aquis repleta munito, quem viginti hominescontra quingentos longo tempore defenderent, modo abessent tormenta 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 , paratos ibi loci Percussores 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 gentiumaut Deum esse aut res humanas ab eo administrari negatis; Caroli et Eboracensis incolumitas errorem vestrumconfutabit. Sciebant omnes , qua die Carolus Londinum redire statuerat ; ad eam 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 manere; et confestim mutatus ventus fumo et favillis illas quoque aedes infestavit. Unde statim funestum locum deseruit, iter Londinum versus auspicatus. (729) Londinumscripsit 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 Providentiaortum incendium. Fergusonus vero audacter ait Deum eos sibi reservasse , graviori utique paena castigandos

(730) Haec quidem mense Martii acta, Carolo ignota ad mensem Junium adultum, quando ei patefactae Presbi-[f. 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 venitinAngliam quidam se Jesuitam 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 Jesuitam Illum in hoc falso dixisse demonstrare possum, quia necnovit quale sit in Societate Lampadariiofficium, 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 dicitur.

Recrearunt (734) INSIDIAED. JONES SACERDOTI STRUCTAE istius ineptiae et Catholicos et Acatholicos ; illos turbavit Tonitru Mense Maii 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 animumillis 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 Unde et ipse in carcerem

A. reads in margin "Journo's deposition: lettris2 Aprilis . " (It should be 23 April 1683, cf. U.L.C. MS . , Ll 1 , 19, f 48v .) Philip Journo (alias Gage his mother was the daughter ofCol. Sir Henry Gage, royalist governor ofOxford during the CivilWar)-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 ...Ifyou 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 namehe does not know, to engage that Kingfor bringing the Popishreligion into England" (Ibid., p. 112). This kind of information was a little out of fashion by then, and the King desired Journo to be sent to the houseof correction and whipped (Ibid , p 116)

I.e. Henry Mansfield, younger son of Lady Ancram He connived withWilliam Lewis, the notorious Plot-witness , to plant treasonablepapers 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 198-209 )

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

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 Principis honori et Memoriae satisfacerent pro virili, dejecta ipsius statua, probrosa, vacuo Loculo additainscriptione : ExiitTyrannus. (737) Statuit ulterius visitanda publica civitatis Tabellaria; ex omnibus auferenda et igne comburenda etiam a Registris Publicis quaecunque Acta et gesta contra Leges tempore Bellorum civilium atque recentium Motuum; eadem [f. 165] 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 Collegiis etiam unanimiter sciscuntur Sic luxata Factiosorum consiliis et violentia, civitatis membra antiquis locis restituta, concordiae nexu colligata 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. Illa hac aestate irrita esse jussere Judices; unde civitas + nuper nobilissima , + capite minuta, ad ignobilis oppidi formam redacta, suorum 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 eam 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 momentimutato 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 Josiae Keelingi ejusque fratris Joannis, civium Londinensium . Prior Jenkinsio, qui Carolo a secretis, rem detulit. Indicii rumore sparso, audaciores quique arma respiciebant et subitum impetum, alii alia ; verum deliberandi tempus et omnia consilia mali imminentis metus abstulit, Apparitoribus ad eos comprehendendos discurrentibus Capti primum 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, Holliwayusex 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 Juventutem suam et callidas factiosorum artes divisam Meliora spopondit in posterum, et ea se revelaturum, quae Carolum scireintererat. 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 testimoniumin 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 Monmuthiofacta constare vellent [f. 166] Factiosinullam 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, unde 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 . (Cf. Sacret, The Restoration Government and Municipal Corporations , E.H.R. , xlv, 232, and Pape, The Restoration Government and the Corporationof Newcastle-under-Lyme, pp 1-3.)

I.e. Sir Leoline Jenkins Steele 3748, dated 28 June 1683

(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 manifestam Veritatem ea negari. Russellus agnovit se conatum fuisse pacem publicam turbare, concitata in seditionem Plebe + (etiam satellites Regios profligare voluisse; quod jure non essent instituti);+ sed negavitid 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. Notatu 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 sententia, sua ipsius manu praesectis scalpello faucibus, occubuit, magno Caroli dolore, cui ob Patris illius meritaverosimiliter pepercisset Walcottus (quem diximus in exilio Shaftesburio comitem adhaesisse) fassus est se conjurationis participem fuisse; sibi delatam Regem occidendi Provinciam a se repudiatam , qui probrosum censebatviro armatoalterum 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 multisannis in omnes occasiones Carolum e medio tollendi attentum fuisse In Campanili Londini stetisse , ut transeuntem prope Balista trajiceret Addidit id ab aliis

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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 hominumscelestissimos . Omniumnullus, 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 mortedigni; doluisse tantum, quod forte eorum Auriga, qui vir esset innocens, una occidi deberet, ad sistendam [f. 167] 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 affectus est; corporis Partes in varias 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 aliqua dixit a Majoribus relicta, alia Papisticae Conjurationis metu coempta recens . In Hollandiam aufugit, unde 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 detecta conjuratione , Caroli jussu per omnes ipsius Ditiones solemnes Deo GratiarumActiones, 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 nemo congratulatus est, nemo non est de istius; quod

* He was sentenced to death as an outlaw , and not tried for treason: cf. supra (§ 331 , and note).

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 unumdesignata, 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 Imperiispestilentesex Buchanano, Miltono, Hobsio, Godwino, aliisque decerptasjustissima censura confixit ut falsas, seditiosas, impias, magna ex parte haereticas, et blasphemas, Christianae Religioni probrosas, et omnis Regiminis cum Civilis tum Ecclesiastici destructivas ; librosque e quibus extracti, comburi jussit Propositiones 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, Promittuntmedici, tractantfabrilia fabri . Sed Anglicana et Calvinianahaeresisalios mores invexit, omnium ordinum, omnium facultatum confusione inducta Ubi formanda Lyturgia, cum Ecclesiasticis Laici aequo numero, pari suffragii jure donati Ubi condenda Fidei Professio, accersuntur cum Ministellis et Laici. Ubi figendae de rebus Ecclesiasticis leges, ferendi canones , adhibenturet Laici; ut merito dici possit Religio Laica, a Laicis formata, a Laicis promota , a Laicis gubernata. Et quidem Universitas illa officio suo functa est, quod penes se erat faciendo, licet nihil inde boni spectari posset Quam enim rationem habere poterant Censurae Scholasticae Laici, qui didicerant susque deque habere Dogmaticas Ecclesiae Declarationes ? Cur timerent ista fulgetra, qui Conciliorum Generalium fulmina esse temnenda his Doctoribus hauserant ? (747) GEORGII MORLAEI MORS. Concessitad plures hoc anno Georgius Morlaeus, Theologiae Protestanticae Doctor et Pseudo Episcopus Wintoniensis Hujus anni initio in lucem emisit varia contra Catholicos scriptaopuscula, quaefestinatolabore confutasse

* Perhaps Warner would not have been so enthusiastic about the action of the University of Oxford had he known that they also included some works of Bellarmine and Parsons in their condemnation

Cf. H.M.C. , Kenyon, pp 163-6, and Wing O. 891-893 .

ENGLISH PERSECUTION OF CATHOLICS

visus hujus hystoriae scriptor * Vir magnae apud suos auctoritatis, Nobilis, et opulentae prae aliis Ecclesiae 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 Hungariarebellione, tum Turcarum Viennam Austriae obsidentium clade, tum Annae Teresiae Austriacae , Galliae Reginae, atque 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 relicta ;+ tum denique raro viso frigore, quo ita constrictus Tamesis, ut glacies quibusvis oneribus ferendis par esset. Erectae super eam tabernae publicae, assatus in eis Bos integer, Tauri cum Molossis commissi Equi, Rhedae, Currus, ultro citroquevelut in solido commearunt , idque in fluvio quarumlibet navium patiente; haec tantapiscium clade, non in Lacubus tantum et fluviis , verum etiam in mari, ut sequenti quadragesima ter quaque hebdomada [cum] Catholicis in eorum esu dispensatum fuerit. Auxit miraculum, quod per breviduarumcirciter horarum spacio innoxie soluta glacie, fluvius, qui currus tulerat, navigiis patuit

* I.e . Several Treatises written upon Several Occasions, By the Right Reverend Father in God, George Lord Bishop ofWinton ... 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. Georgio 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 ofthe Right Reverend Fatherin God, George, Lord Bishop ofWinton London 1684

Cf. 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. Richard Watson, Chaplain to His Royal Highness ... MDCLXXXIII

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

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 Itemque Prancius Catholici Godefridi caede purgantur. Duplex Legatio Romam

Hystoriaefinis

(750) Novus hic 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 EcclesiaeSacramentis rite munitus Is ab Oate inter primos accusatus, Turri Londinensi mancipatus, contractoibi languore diu decubuit; cumque nullum ejus morbo remedium expertissimis Medicis occurreret praeter liberiorem auram, hujus sibi facultatem dari, saltem adhibitis custodibus, libellis supplicibus Carolo ejusque consilio oblatis , frustra petiit. Reliquit Epistolam ubi obiisset, Carolo tradendam, in hunc sensum [see translation]. Qui tertio post die animam suam Creatori suo reddidit.

(752) CAPTIVI PROCERES LIBERANTUR. Supererant in Turri Londini captivi Proceres , ComitesDanbius 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 Norfolcius 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 ofDanby in the Tower, by F. M. G. Evans, Transactions R.H.S., 4th Series, 1929 .

ENGLISH PERSECUTION OF CATHOLICS

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; mulcta si fidem fefellissent imposita singulis captivis xl millium scutorum, vadibus vero singulis xx millium Et fidem suam vadiumque liberarunt anno sequenti, celebratis a Jacobo II. [comitiis: A], rerum, mortuo Carolo, potito, quando a Proceribus agnita eorum Innocentia, plenae libertati restitutisunt .

(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 anno erecta pedestris statua in media

Peristillici Londinensis (Bursa vocatur) Area, cum hac Inscriptione: Carolo II. Caesari Britannico, Patriae Patri

Regum optimo, clementissimo, 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) ANTONII HUNTERI MORS Hoc tempore Naturae debitum in carcere solvit Antonius Hunterus S.J., a quinquennio captivus, a quadrennio morti adjudicatus ; susceptis pientissime cunctis Ecclesiae Sacramentis

(756) [f. 172] OATIS EPISTOLAE AD SECRETARIOS REGIOS . Famosus ille Oates olim omnium acatholicorum oraculum, nunc vero ludibrium, cum vix prodire auderet, Plebis metu, eum ovis putridis et subinde lapidibus pulsantis, non solis conviciis contentae, quae aliquandiutacitustulit, 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).

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 : patere 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, quantumpenes eum erat argentifacti +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 quidem 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 Joannem 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 confessiospontanea, tum aliquorumapud illum 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 valvis 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 inventos in hospicio publico Duos Regis Satellites trucidarunt, cadaveribus barbare in frustra dissectis, quae inter se partiti sunt Statimque fuga dilapsi atque dispersi, quisque domum suam se recepit, militis 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 .

(760) 1685: CAROLI MORS Quem excepit Annus MDCLXXXV, Caroli morte funestus, sed pacifica Jacobi successione , +victoriisettriumphis, + partiumquetuminAngliatum inScotia clade, gloriosus ii Februarii die, Carolus, dum mane vestes sibi aptaret, Apoplexiacorreptus concidit , et plane mortuus videbatur Sed aperta illico vena et alia remedia prompte adhibita eatenus valuerunt, ut sibi restitueretur, adeo ut aliis, 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 Sacerdote, facta Fidei Catholicae Professione, in Ecclesiae gremium [f. 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 causaquinque fecisse miracula: primum, quo die natus ipse, sole ad meridianumaccedente, in sudo caelo stella clara luce fulgere visa et a Patre Carolo et civibus Londinensibus ; alterum, quodfuso fugatoque ejus exercitu Worcestriae , in ipso fere Anglia Meditullio, acerrime vigilantibusad eum intercipiendumrebellibus, 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; quintum, quod in EcclesiaeCatholicae, quam acriterimpugnarat, 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 fluvium 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 Juribus Privilegiisque Londino, quibus ad excitanda et alenda bella

* I.e Fr. John Huddlesdon, O.S.B. (Weldon, Chronological Notes , p. 225).

abutebatur. +Summum ejus adversus Politicae Leges crimen , nimia lenitas et in sontes Indulgentia, Justitiae gladium vibrare nolens, nisi ultima necessitate coactus Unde auctus Factiosis animus, quasi impune ei illudere possent, cui nullum in cornu foenum .+

(763) In demortuiscrinio 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 Caroli Characteres, ostendit, ut ipsis primum, deinde per eos aliis id pateret Ausi tamen aliqui ea libellis 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, alter Sacerdos , § ita replicarunt, ut arena cesserint Ministelli **

(767) Statuerat Carolus morti vicinus , in EcclesiaeCatholicae 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 Jesu, 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 cura fuit,

* Printed as Copies of Two Papers ... 1686 (Wing C. 2943, 2944) I.e. Edward Stillingfleet's An Answerto Some Papers latelyprinted

1686

Presumably Warner is referring to Dryden But in A Defence of the Papers .... 1686 (Wing D. 2261) Dryden contributed only thethird part, a defence of the Duchess of York's conversion § 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 notprinted till 1688. For full bibliography see Gillow, ii, 127, and iii, 469. ** Warner is over-sanguine The controversy continued after the Catholic defences.

ENGLISH PERSECUTION OF CATHOLICS

Tempora Mansueti et Fortis meruere Coronas , Magne Gradive tuas, magna Minerva tuas.

Fulgebas nuper Diademate triplice, crines

Sed decuere magis civica serta tuos.

Heu quoties Martis , quoties discrimina Mortis

Vicisti Caeli tegmine tutus eras.

Quis legat Annales Caroli sine fletibus ? Eheu ,

Orbus eras Regnis, et Genitore Puer

Non refricanda tamen male sani vulnera Regni, Quae tumulo gaudes esse sepulta tuo.

Sed Carolinus Amor fatalem nesciet Urnam,

Propria nam Caroli Gloria, Fidus Amor.

Nunc conjux, Fraterque tuus venerantur Amorem , Ambo nam curae sunt monumenta tuae.

[f. 176] Raptus es a nobis nimium velociter, olim

Debueras caeli scandereTempla senex

Praeproperum quamvis tibi Mors lunaverit arcum ,

Nec tibi terribilis, nec tibi torva fuit.

Mors tibi blanda fuit, melioris Janua vitae

Mors fuit, O Cressa Mors* memoranda nota.

Crimina quod Carolus saepe ignoscenda putavit, In Carolum 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.

vacantem (769) JACOBUS REX SUCCEDIT Caroli morte

Thronum Jacobus conscendit, adita Aviti Regni haereditario

Jure sibi debita successione , nemine contradicente , cunctis in speciem plaudentibus . Qui convocatis quotquot aderant Proceribus declaravit se Coronae Jura asserturum, sed citra subditorum injuriam, quibus Jus dicturus esset ex Legum Praescripto ; de Ecclesia Anglicana se optime sentire (licet ab ejus communione alienus) eamque se tueri velle, quod difficillimis temporibus Regia Jura defendisset; non aliam se unquam ambiturum Potestatem, quam quae Legibus conceditur , quicquid aliqui in contrarium dixerint, sibi et in hoc et in multis aliis maligne calumniati, quasi Despoticum esset Regimen arrepturus. (770) Indicta Comitia cum in Anglia, tum in Scotia. Dum ad ea cuncta respiciuntin utroqueRegno, Monmuthius et Argylius in Hollandia delitescentes non ociantur Argylio publica senten-

* Cf . Horace Odes, 1 , 36, 10 .

Cf.An AccountofWhathisMajestysaidat his first coming toCouncil ... 6 February 1684/5 (Wing J. 150, and Steele, 3767-71).

tia damnato, nisi aditum in patriam ferro reseraret, redeundi nulla spes; nec magna Monmuthio , si quidem consultus sive per Epistolamsive per Amicos Jacobus, num boni consulturus esset, si rediret, respondit Monmuthionihil 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 ullus eorum rumor ad Jacobum manaret , priusquam 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 eam inter et Hiberniam jacentes, delatus , excensionefacta, 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. 177] 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 laqueuscarnificis 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 erant) exposuit : unde dato curandis corporibus, maris jactatione aegris, exiguo spatio, in interiora progreditur. Scripto typis edito , se verum esse Regem declarat, Caroli II legitimam prolem; Jacobum vero intrusum, Tyrannum, Papistam, &c , vocat ; ejus caput xx. millibus scutorum licitatur; et quia Parlamentum Jacobo concors erat, huic quoque extrema minatur, vir Juventaferox, communis sortis et humanarum rerum vicissitudinis inexpertus. Curarat ad fucum Populo faciendum, tria Biblia suis Labaris depingi ; * Steele, 3793

Papistis internecionem, veris Protestantibus eorum bona publicata promisit Sed nec in ejus, nec in militum ipsius vita, quicquam Evangelii aut communis hominum pudoris apparebat. Milites suos, quicquid occurrebat , rapere 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 Ecclesias velut ad tutum Azylum, confugerant , vi illato Dum vitiis debilitatum exercitum circumducit, majoribus oppidis Jacobi vigilantia exclusus, per minora grassatus, brevissimo tempore suffecturas in longum opes et Annonam consumpsit ; unde injecta pugnandi necessitas .

(774) In ejus Exercitu viii circiter hominum millia numerebantur; Graium equitibus , Holmesium Peditibus praefecit, illum belli rudem, istum veteranum militem multis stipendiis clarum , semper adversum Regibus. In regiis castris tanta securitas, ac si nullus 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 ardensin HostesMonmuthius 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 praeterproptermillibus omissis, et ipse fusus fugatusque est. +Holmes, amisso brachio, pugnans capitur.+ Grayus Oppillionis veste sumpta 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 pacatumtotum 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) [f. 178] Grayo gratia Perduellionis facta; eam fugane an Partium proditionemeruerit, incertum Monmuthiuseam tum criminum humili confessione et dolore ficto, tum Catholicae Religionis simulatione , obtinere frustra conatus, capita sexto ictu amputato Majestatis paenas luit, in supplicii loco professus se illicita copula prognatum ; negavit Matrimonii vinculo Monmuthiaese unquam innexumfuisse, in quod nunquam consenserat, licet ob reverentiam Caroli Parentis id jubentis, eam in foro externo duxisse videretur; adeoque duas proles ex ea susceptas viriles, nothas esse; verum se cum Wentwortha matrimonium contraxisse, ad quam munuscula quaedam dedit e ferali Pegmate, amoris inextincti signa. De Religione tam pauca dixit, ut nullum illius sensum habuisse videretur. Holmesius Londinum ductus , examini subjectus, animum in Monarchas quoslibet infensum

agnovit. Cumque peteretur cur ergo pro Monmuthiopugnasset, 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 sortem 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) STAFFORDII INNOCENTIA AGNITA. * Iterum audita in Parlamento Staffordii causa ; et Conclave Superius, quod in eum sententiam tulerat, 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, illum esse nequissimum, et si quis sit in Inferno locus aliis calidior, hunc Eboracensi servatum iri) Impositamdiximusei mulctam 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 viribuscertaruntAcatholici Dicebantcausarum capitalium decisiones supremas esse debere, atque definitivas, in iis nec Appellationi neque Revisioni locum dandum , alioqui nullum fore litium finem Id maxime 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 famam 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 relictamdicturos Quibus oculis suum Ministelli gregem adspecturi sunt, qui Oatis dicta velut Oracula divina commendarant, si illa modofalsa declarentur ? Debuisse citius intentari Perjurii litem, quo tot mala inde nata praeverterentur; nunc innoxiamesse, tametsi constaret. Adeoque nihil ex Accusatione sperari posse boni, quam ut de Oate vindicta sumatur (778) Ad haec Lestrangius : Causam initioinstrui non potuisse, cum non constaret Testium iniquitas, et de rebus loquerentur diversissimis in locis tractatis; nec spem fuisse probos datum iri xii viros, a quorumaequitate litis exitus penderet ; nemini licuisse impune ferre Testimonium , quin statim eorumdem criminum accusatus, capitis arcesseretur; Factionem praevalidam obstitisse,

* See supra (§ 549, and note) State Trials, vol x, col 1124

ENGLISH PERSECUTION OF CATHOLICS

quae ipsa Regiminis fundamenta convulserat ; tribunalium honorem in tuto esse, cum hominibus constent errori obnoxiis, quibus homines nequam imponere possint, et qui secundum allegata et probata sententiam ferre tenentur. Illis probrosum fore, si Veritatem in Injustitia [f. 179] detinerent, et resurgentem quorumlibet calumniis eversam Innocentiam opprimerent , etiam Papistarum . Vitionon 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 alicuicuriae semel imposuissent, de Perjuriis ratio reddi non deberet; quia certa eos maneret impunitas Errare humanumesse, in errore perseverare diabolicum. Suam Innocentiam Papistas constanter asserere; os illis occludi non posse, nisi sincero, 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 rationeturbis, quibus a sexennio agitabatur Anglia, finis imponendus esset. (779) Itaque statutum Oatem de Perjuriis arcessendum , et dies dicta vi Februarii; sec cum eo ipso die Carolus e vivis excessisset, ampliataActio 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 contestata, dati in Oatem plusquam xx testes, plerique natalibus , omnes vita innocenter acta, sceleris pura, Illustres, eorum unus Ecclesiae Reformatae ministellus ; qui unanimiter deposuerunt Oatem Audomarum accessisse ante festa Natalitia A.D. MDCLXXVII; illic egisse ad xxiii Junii +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 anno 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, Papistas 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 ullo 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)

accusatus, quando dati ab Actoribus supra xl testes, plerique Protestantes, qui jurarunt Irlandum a iv.Augustiad 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 magi- stratibus, 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 Ecclesiastica exuitor, bis virgis caeditor: ter collo, manibusque asseribus insertis (numellis) exponitor, causa fronti majusculis litteris inscripta: PERJURIUM Bis quotannis hoc repetitor, xxiv Aprilis et iii Septembris; perpetuis carceribus, quoad vixerit, detinetor " (782) Ausus infamis Impostor, dum Numellis exponeretur, dicere una secum quatuor Parlamenta , Carolum, totamque Religionem Protestanticam 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, impacta Prancio qui eum accusarat Perjurii dica. Prancius vadimonium admisit; sed causae suae diffidens, ipso die, quo causa agenda, clam in consuetum Perduellium 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 fallor Unde constitit illum 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, Justitiam, Conscientiamque suam, de quo doleret, hortantibus Shaftesburio, Buckingamio, aliisque Inde in carcerem missus de Perjurii criminerationem 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 appointedCollectorof Rochester port, but lost his postat the Revolution

ENGLISH PERSECUTION OF CATHOLICS

cujus accusabatur, culpam agnovit, Judicumimploratâ clementiâ. Ab his in eum lata sententia: Per cuncta Westmonasterii Tribunalia ducitor, scripto fronti praefixo, crimen exprimens, PERJURIUM : in diversis urbis locis, in Numellis ter exponitor; semel virgis caeditor, a carcere Nova-porta dicto ad Furcas Tyburnas ; mulctam CCCC scutorum Regi solvitor; donec solverit, in carcere detinetor" Sed Jacobi Gratia, virgae remissae. Et rescitum postea, adeo commotam Factiosis bilem ingenua ejus Perjurii Confessione , ut si virgis fuisset caesus, vix unquam vivus in carcerem rediisset.

"

(785) Sicque paulatim dissipatis calumniarumomniumnubibus, Catholicorum omnium et singulorum Innocentiaclaro lumine conspicua refulsit, Deo ipso, Veritatis fonte, ubi Perjuriis omnes premi passus esset, multos etiamopprimi, ut in caelum ad promissa propter Justitiam et Veritatem patientibus praemia sublevaret, eam 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 florentibus , 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 destinat 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. Joane Leyburno, Episcopo Adramiteno, qui res Ecclesiae +Apostolica Authoritate+ curaret, reverso, successit Rogerius Palmerus, Comes Castlemanius, et libris pro Religione editis, et iis, quae Persecutione ista passus fuerat, clarissimus, cum titulo Legati Extraordinarii, qui Jacobi Catholicorumque ei subditorumnomine canonicam de more obedientiam testaretur.

(787) HYSTORIAE FINIS . Hic atrocissimae Persecutionis exitus, [f. 181] omnium expectationi contrarius , a Deo solo, ut ab aeterno praeordinatus , ita occulta ipsius manus agitationein tempore productus, Inimicis in foveam, quam fecerant, dejectis, et propria ruina quod excitarant Incendium extinguentibus . Unde multi de Ecclesia Catholica pessime sentientes, ad eam respicere caeperunt A Domino factum est istud: et est mirabile in oculis nostris.

Cf. W. M. Brady, Episcopal Succession, iii, 140. Leyburne had taken an oath at Romenot to recognize the authorityof the Chapter

Cf.An Account ofthe Embassy ofRoger, EarlofCastlemaine 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 Proclamationsagainst 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 Successionbut 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 terrifyingcomet A storm raised againstthe 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, its origin, its development , its increase, its full stature, its declineand 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 willfind 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 nowArchbishopof Auch, such a shock that he couldscarcely be inducedto 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 memorywas bad, never repeatingaccurately 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 ruddy cheeks; his nose was snub, his mouth in the very centre of his face, for hischin 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 restofhisfigure was equally grotesque; more like a beast's than human ,

OF CATHOLICS

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, withoutdistinction ofrank or regardfortruth, 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 governmentand 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 mentionedelsewhere, that with his own hand he would lead the King forth from his kingdom.

(446) THE DANGERS THREATENING CHARLES It is principally 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 ministerswhom he could trust hadeither fled or were paralysed byastonishment , 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 Kingthey hated! And howsafe, since impunity was alreadyguaranteed to them by the decree of the Lower Chamber, which laid downthat 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 overwhelmhim by an attack in force , how well they were placed to do so, when almostat 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 bodyguardof 200, who would probably not withstand the first charge ? What was the use of the two large cannon placed before the Great Gatesmere 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 welearn that there is a Higher Mind which presides over humandestinies, in whose power all things are so placed that nothing happens without His willingit, especiallyin the case of kings, the most noble of Providence's subjects We shall see yet greater and clearer proofs 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

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 impunitysave in the magnitudeof his audacity andthe multitude of his victims; he had newpamphlets publishedfrom 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 destroyingit. Both sides encouraged first hatred of the supreme power, and then contempt for it, although it derives its power morefrom 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 harmthrough a public verdict of the courts, it was made good bypublic 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 £500. 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, powerfuland stubborn Faction, to the greatbenefit 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 lengthy sessions , the latter for rare and short ones . I

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'swill In order , therefore , to have Charles's consent forwhat could notlegally be done withouthim, 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 highestnobilityput their signatures . The poor were induced by bribes, and children by blows, to put downtheir names; therewere some who seized unknownpassersby 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 washingtheir hands, to plunge into these secrets of governmentand give the King instructions as to when it was politicto hold a Parliamentas ifthey knew moreabout 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 thathe 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 hawking 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, thenext sessionwould be held in the following April; otherwise itwould not, becausethe 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 orderto dash the hopes of those whowanteda Parliament he summoned Parliament again on 15th April, but on thatdayhad 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 gladto see thatthey 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 confirmedthe obser-

vation of Lestrange that the signatures included the names of people unknownor else all too well knownfor their notoriousleanings 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 soothinganimosities, 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 ofthe efforts of Calvin's votaries: these achievements earned him profuse expressions of gratitude not only from the Royal Council and the magistrates of Counties and Cities, but from the Archbishops and Bishops as well and that in spite of his being a Catholic and not communicatingalong 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 Lumsdenand David Joseph Keymish The last two, however, were sent backto prison- Lumsden 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 farfrom the truth, they were all declared Guilty by the jury: the death sentence followed, but its executionwas deferred . Some of them have rendered up their souls to their Creatorin prison; others survive, and are promoting the salvation of souls with great industry at the very timewhen 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 was a man eighty-five years old, venerable for his white hair and for the whole appearance of his aged body, a man of blameless life and conspicuous innocence. The witnesses produced against him were Bolron and Mowbray, both of whom had been his domestic servants and had been dismissedMowbray 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 £300 and had written in his accounts only £60) When Bolron 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 richquick by accusing others, and added that this was the shortest way to make your fortune All pitied the lot ofthis good old man, whose life was in danger throughthe wickedest beings in humanshape; they grieved too overtheir 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 effectinga change of religion by force of arms ; that Gascoigne had offered him £1,000 if he would but assassinate Charles, and that £6,000 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 recoveryof 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 theiraccount books and from contractsdrawnup bytheir notary that the moneyhad 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 mockeryif 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 leastreported it as soon as their names had been removed from the list ofGascoigne's servants ? Whyhad theywaiteduntil they were themselves summoned to court by him ?

(457) The presidingJustice, 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 he 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, Bolron 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

space of time: the first, dated 5thMarch, was against highwayrobbery, the second, of 9thMarch, 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, butwithoutbonfires On 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 house in which it was being prepared caughtfire and was reduced to ashes , as also were 250 other houses This avenging fire expiatedthe wickedness of earlier bonfires , and punished the city for its former sinful fires The fourth Proclamation appeared on 12thMay: after consultingthe judges as towhether he could legally do so, Charles forbade Gazettes, as they are called , or papers giving the news of the day, to appear or be distributed without his permission, becausemanyfalse reports, likelyto upset the populaceanddisturb the peace oftherealm, 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 Juryof the County ofMiddlesex 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 authorityofthe 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 tribunalofthe 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 which 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 himselfinformed 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 Liège 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 recipientsof confidences On the other hand, Oates said, it had been due to Castlemaine that the Benedictines were taken intofull 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 aboutthe divorce, which, he had told both Charles and Parliament, had been granted by Rome, he refused to reply; and the judges declared that the questionwas 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 legalexpertsheld 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 Asthe disputewas endlessandfruitless, thejudges decided thatDangerfield 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 thatthey had said nothing but what they had seen with their own eyes, and consequentlyhad 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 publishedby the Protestantsand couldnot be publishedbythe Catholics withoutcausing

offence; that he had himself been angry because Dangerfieldhad presumed to approach anyone in his name without his orders ; and that this was the reason why he hadforbidden Dangerfieldto visit him any more and had reinforcedthe prohibition with threats (4) The fourth charge was that Castlemaine 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,whosaid that he must go away, since he was requiredby 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 presidingjudge addressed himself to the jury, and briefly summed up the arguments ofboth sides, adding thatifthey thought Dangerfield trustworthythere 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 Castlemaine gained his freedom Upon discovering , however, that the King's witnesses were , according to their custom, preparing another charge againsthim, 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 11th June The witnesses against her were the astronomerGadbury and Dangerfield Gadbury hadaccused 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 wordsin order to destroyher credit as a witness, becausehehad 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 onlyonce to the future conditionofthe kingdom, namelyduring 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 allowedto giveevidence on account of the notoriouswickedness 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. Cellierput 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 Pardondid 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 Scroggs 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 reprobateshould 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 thejury that he couldsee nothing in the casethatwas deserving oftheirattention ; two witnesses had indeed appeared, but one ofthem made no charge against the prisoner, and the other was completely untrustworthy . The 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 whether he had at hand anyone who would go bail for his good conductin the future. When he said thathehadnone, Scroggshadhim cast into prison . But through the influence of the Faction, who strained every effort in his behalf, 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, thereforewould 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 hadfought alone againstmany 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 freerein to her skill, castigating vice in unveiledlanguage, sparing nobody who came her way, and censuring the wickedwordsand deeds of the nobleandthe 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 andthe 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 fellinto 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 executionerand 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

unjustly 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 mentalabilities, 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 cominginto danger and stirring up the hornets' nest, or finally her constancyin the Faith which she embraced as an adult. She lacked nothing save keenness of judgment and calm of mindpardonable defects in the weaker sex As for the book itself, there is no need to say anything; itwas publishedin Frenchandentertainedmany,for it was not without literary merit and could be read two or even three times without boredom Certainly itdid muchto uncover the intriguesofthe Faction and to remove the suspicions still remaining that the Catholicswere not loyal to Charles ; the heretics scattered throughout the North of Europedid theirbest to encourage such suspicions, becausethey wanted it to be thought that the Catholics in England were suffering only whatthey deserved Ifthat view were accepted, the hostilityprovoked 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 againstYork (it was believed that he attended Catholic services, but this wasnot 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 Shaftesburyand 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 wasaway 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 intothe midst of the dangers, and was eager to helpthem 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, andin the same kind ofcustody, was the Venerable Father N. Hesketh , O.S.B. , whose identitywas also unknown; he is mentionedin 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 her 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 meexcept in prison, and that only a day or two before the commencement ofthat trial. The second witness brought against me was Oates (whom I had never seen before my imprisonment); he swore that he had known me fortwo years, and that he had beard my Massin the houseofanApothecary in Long Acre (although I have never entered the house of any Apothecaryin 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 Heskethhad been taken Uponreadingthis, the Governor in the presence of many bystanders exclaimedin 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 Heskethwas apriest, the jury withouthesitationpronounced 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 possessiona copywhich he made with his own handand signed ) He had it taken to Charles after his executionhad 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 bythe last rites ofthe 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 sayprobably 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 withgreat diligence, and althoughmost 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 executiondeferred and lived to see better times; both lived like angels in the prison: they were shown every kindness and were treated with morethan ordinary respect by alleven bythe heretics , on account ofthe innocence of their livesandtheir 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 withoutwhat are at other times the normal

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 Humanitiesat 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 andMowbrayreturnedto Yorkandbrought 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 uponGascoigne for having started proceedings against the witnesses on a matter of theft It seemed that the case had alreadybeen decided in London, when a verdict was givenin favour of Gascoigne and the wickedness of the witnesses was made evident. One would have thought that in a similar case, or indeed in thesame 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 23rdOctober, Thwing was taken to the scaffold, where he said that he had writtendown 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; Norwas Ieverat anysuch ConsultormeetingwithSirThomas 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 Iever see, or know of any List of Names of Persons mention'd , and sworn by them againstme.

" (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 againstthe Oath of Allegiance as it is worded, Yet it is only by reason of some Clauses therein contained , not pertaining to Allegiance; And therefore , ifan Oath, containingnothing but Allegiance, hadbeen 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 termsI could, without all Equivocation, or mental Reservation whatsoever ; I appeal to the Eternal Judge, whether all good Christians ought not rather to believe what here in this mannersworn by me in my present Circumstance , than whatwas 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 whathesaid has not come into my hands We are told that when he had read the written speech, he protestedat 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 bythe fervent prayers which he uttered withgreatconfidence andin a loud voice; butthrough the negligence ofwriters all this has perished As he was beingturned off the ladder he said, " O 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 bail or 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 therehecaught what atfirst 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 againstthe 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 unexpectedlygrew worse , he hadnofurther care aboutthe money; but, since North refused to come to him a second time, he declared to others that all he had said againstthe Catholics was false; that he would be damned for his false oaths ; and he cursed those who had inducedhim 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 confidentofits truth However, there do exist people who say that he died without giving any sign of repentance . North publishedthe words uttered in his presence; they were joyfullywelcomed 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, Northsaid: " Ifyou knew all that I know , you would be saying that already far too much innocent blood has been shed "

(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 BURNTHE FLEET

Shortly before the meetingofParliament, a fresh accusation against the Catholics was heard, namely that they had intended to set fire to the King's Fleet and destroy it It was said that Mrs. Cellier had discussed the plan with William He reportedthe accusation to the Lower House, andpublished it in printa waste of time, for Parliament disregarded his report, and the populace had had itsfill oflies and had no tastefor new accusations of that sort.

Lewis (484) PARLIAMENT MEETS . After deferring the meetings of Parliament so many times, Charles at length declared that sessions should be held on 21st 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 treatieswith Spain and Holland, which he knew would not displease them; that Tangier was besieged bythe Moors , and that in supplying it the Treasuryhad been emptied; they must therefore quickly replenishit with freshtaxes He forbade them to meddlewith the right of successionto 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 plotapart from the Presbyterianone. Notsatisfied 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 crimeas 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 Parliamentdid not crush Papism, then Papismwould crush Parliament and everything that all of them held dear Thereforetheirfirst 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 until 11th November 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 crown, 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 Novemberof 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 authoritywhich he possesses, shall stop trials againstthose who do commit such violations It shall be permissible for anyone to arrestandcommit to prisonJames or any other person, who violates this Decree; ifthey 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 James, Duke of York, shall keep their right entire and inviolate, so long as he shall be alive The present Decree shall be read twiceeveryyear, namelyon 25th December andat Easter, in all Cathedrals , Parish Churches, and Chapels; and it shall be commemoratedat 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 ofthe 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 , theDecree 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 deliberatefurther 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) ThenCharles againwarned the Lower House ofthedangerous 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. 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 The

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 makingwar on the Protestants (in Holland) Laws passed against the Papistshad been employed to harass the tenderconsciencesof Protestants The frequentdeferments , prorogations, and dissolutions of Parliament had been caused by the Papists, 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 , andwent on to express the fear that any taxes which they might grant to Charles would be used for the oppression of Protestants. Next they complainedthat 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 theirposterity, they had proposed, after mature deliberation, the one safe remedyagainst 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 ofwhom 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 intentionthe 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 toremove from themselves ; similarly, they tried to blamethe Papistsfor the rejectionofthe infamousdecree 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, becausethe dignityof all the Peers depended on the King's dignity, just as the light of the planets depends on the There were, however, even among the Peers , somewhose audacity equalled that of the Commons This was shown by Shaftesbury's speech, delivered , if not at the very same date, certainly not muchlater , and in the presence and hearing of Charles, while these matters were under discussion. sun. (490) SHAFTESBURY'S SPEECH " In this Great Debate concerning the King's Speech, the sad State 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

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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 the wise Prince having need of the People, knew no better way to please them, and to create a good Intelligencebetween them and him , than to put awaythose from Court and Councilthat 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, that a Wise Prince, when he hath need of his People , will rather part 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 meansto 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 wouldtake the samecourse thatthe DukeofSavoy did, to suffer neither Strangers nor Embassadors to stayabove somefewweeksinhisCountry; 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) ButmyLords,what I roseup 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 expectthe Kings Answer to them, before we enter into so hot and high Debates

" He tells you, if the King be assured of Supplies we cannotdoubt 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, andthis is that wemust be ruinedby,ifwemay 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 himselfan Excellent Person, that the People have the greatest Inclinations imaginable to love; Yet we must say he is such an one, as no Story affords us a

Parallel of: How plain and how many are the proofs of the Design to Murder 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) " ThisMatchwitha PortugalLady,not like tohaveChildren , 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 hisPowerevery Night ; All Offices and Preferments being bestowed by him , Not a Bishop made without him

(503) This Prince changes his Religion to make himselfa 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 tothat wickedParty 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 breakingout 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 Parliamentagain, by what Fate or what Council, for my part I cannot guess; neither do I quite understand the Riddle ofit.

(505) " TheDukeisquitted and sent away; the House ofCommons 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 unanimouslythus dangerous ? Why he is in Scotland raising of Forces upon the Terra firma, that can enter dry foot uponus, without hazard ofWinds orSeas, the very place he should bein to raise a partythere, to be readywhenfrom 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 wantbut 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 whetherthey 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'dif upon any Terms we part with our Moneytill we are sure the King is ours; have what Laws you will, and what Conditions you will, they will be of no use but

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wast Paper before Easter, if the Court have Money to set upfor 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 halfour 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 Kingand his People It was neverknown in Englandthat our Princes wanted Supplies either fortheir Forreign designs, or fortheir 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 wegive is not to make us Slaves and Papists, he may havewhat he will; and this your Lordships know and all mankind that knows us: Therefore let me plainly tell your Lordships , the Arguments that the present Ministers use, is to Destroy the King and not Preservehim: 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 ? the other hand I am bold to say, But on

" Sir, You may have any thing of this Parliament; put away these Men, change your Principles, changeyour Court, and be your self; for the King himself may have any thingofus. "

(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 dayes, 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 Honourablyand 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' authorityto 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 thatit was his speech, for fearheshould seem to approve of its publication A Protestant member of York's household wrote a refutation of it, and his answer seems worth reading It runs as follows:

(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 Retrenchmentof 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 oftheir 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 Justice. I would fain understand what is meant by the People ? For now every man calls himself the People; and when one mancallsfor one Thing, and anotherfor Something , directly opposite, 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 greatervalue for them not longsince;forthough 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 partofthe OathofAllegiance , that concerns the Heir of theCrown,whichis 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 ofCommons; 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'stime 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 chiefMinister 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 makeout, 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 Princeof Wales; but his Lordship knows, that the seat ontheRight Hand of the State, was, and is reserved for the Prince of Wales , the Duke that on the Left Hand; the Printed Pictures of the House of Peers , sitting upon the Tryal of the Earl of Stafford, 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 Floor with the King, and so the King was everyNight 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, theKing 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 , maybe TheCalling,the Proroguing , and the DissolvingofParliaments 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 allthe World , howreadily, howsubmissivelyhe obeyed; and comparing his immediate Obedience, with the Obstinate Refusal of others, who still stay in oppositionto the King's Command, let any Impartialman of Sense decide, which has shewed most Loyaltyand Duty HisLordship and his Party (for he says, We) expectevery hour, that theCourt 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; Ifbythat 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 againstthe Nation ? Besides his Lordship has too many Friends 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 wholeCouncil, that wholeKingdom, will disprove Him ; And by the apparentfalshood 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 , We are safe too; But if not, it concerns His Majesty to secure them ,

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 thentoo, Hemusttrusttheir good Nature, andSurrender upon Discretion; They will allow Him no other Terms, no , not to be Himself, and have His Senses, unless they can fright him outofthem . 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 withnew 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 chiefrôlein 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 shinhe could be recognised from his wound, and the others could be caught on his evidence This happened on 19thApril The Faction, following Oates's lead, proceeded to rage in tragic styleagainst 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 whelpof them should survive; this plague threateningthe 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 underthe Cross and are signed withthe 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 Catholicwho 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 provedthat he had taken ship at Brill on 19th April (the day of the supposedcrime) anddid 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, hestruck 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 authoritywas too greatfor 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 denyingwhat hehad said or by any satisfactoryexplanation, 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 dischargedif 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 oftheir old supporters began to opposethem andto supportthe royalist party, to the grave dissatisfactionof those whom they were deserting . Thefirst against whomthe anger of the Faction thunderedwas Edward Seymour, whom in the preceding year they had chosen to be Speaker in oppositionto Charles's will He had aroused their spleen by maintaining at length and with insistence that James could not be deprived of his right ofsuccession They petitioned Charles not only to deprive him of all his offices, but also to make a solemn pronouncementdeclaring him unfitfor any office After this they accused the twoChief 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, becausethey had brokenup the sessionof the Middlesex Justices of the Peace while they were composing an impeachmentof York Theysaid itwould 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 liberty could not survive if they were kept in their place, and if the whole royal family and the heir presumptiveto 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 Poperyand an Arbitrary and Tyrannical Government. (2) That in pursuance of this purpose he did in an Arbitrary

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 ofthe 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 andseizing their Goods. But here they quotenoexample (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 notoriousExcessesand Debaucheries , and his profaneand Atheistical discourses doth daily affront Almighty God , dishonour his Majesty, give Countenance and Incouragementto 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 libertyof altering, clarifying or enlargingtheir 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 Papismand 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 attentionindeed the greatest in England, and perhaps the most august inalltheworld. Would thatit had beenequallyjust! Stafford was impeached for Treason As his judges he had the whole ofthe Upper Chamber, all the Peers of the Realm except the Bishops (who are forbidden by Canon Law to vote in a capital trial on accountof their sacred ministry and the gentleness of Christ, whom they are 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 againstStafford were Dugdall, Oates, and Turberville The trial began on 30th November and ended on 7thDecember , whenthe verdict was givenin favour ofthe prosecution , aswill be said below. On thefirstday, when the case had beenformally 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 Belgium . etc. They brought up the murder of Godfrey, the

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executions of 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 storm against the Protestants Theprisoner retorted that it was unjust to fasten on him the blame for crimes of which hedisapproved no less perhaps than those who were prosecuting him But his protest 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 . " ThenDugdall appeared He swore that the prisoner had promised him £500 if he would kill Charles ; also that he had obtainedfrom the Pope a pardonof his crime with a promise that he should be solemnly canonized after death When questioned on variouspoints 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 lettersfrom 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 that Turberville had sworn to quite a different story before Parliament, and asked to see its records, so that he could convict him ofperjury. 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, namely2nd 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 Papistsin language as triumphant as if by the evidence of this one man they had brokendownalltheir 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 Bypointing this out, the prisoner tookthe wind out of their sails; and he hadready arguments which would refute this perjury of Oates's beyond all doubt But Oates and the others evaded them by refusingto 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 containedexplicit statements that he did I should neverhave

ventured to saythat 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 ofthese times, and howgreatthe injusticeofthe courts. When Oates said that he had never sincerely professed the Catholic faith, but only pretended to do so , the prisonersaid: " See , my noble Lords, how much trust this 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 merelyguffawed. Then the prisoner passed on to Dugdall and Turberville, and refuted their perjuriesboth by argument and by the evidence of honest men But to no purpose For on 7th December, when the vote was taken, thirty-one declared 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 It 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, upondue considerationhad ofit, to be of no momentat all .... My Part therefore whichremainsis a very sad one: for I never yet gave SentenceofDeath upon any man, and I am extremely sorry that I must begin with your Lordship

(529) " Who would have thought that a Person ofyourQuality , 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 Moderationof it, and so personallyobliged to the Kingand his Royal Fatherfor 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 amountsto no less a Charge, and of this Charge their Lordshipshave 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 prisonerwas a man of tried loyalty to our Kings, even in the most difficult times, and no temptation had ever induced him to swerve from the path of duty. Finally, when he knew he was being accused, and had opportunity to escape , hedid not change his residence Each of these considerations is a probable argument, and the convergence of them amountsto a demonstration (532) L.H.S. " That there hath been a General and Desperate conspiracyof 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 darknessand 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 ofAllegiance, 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 saythat 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 thinkingabout it, it was tendered to the Peers of the Upper House, at Charles's order. Some Catholics took it, others refused it, becausethey knewithadbeen condemned bythe Holy ApostolicSee; and these latter causedtwopriests to write an account of their reasons for rejecting it These writings were published , without the authors ' knowledge, by a Minister called Stillingfleet 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 exceptionof 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 hisonly crime, ifit 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 ofMoneyamong the Fathers abroad and at home ? "

(539) Answer: This charge rests on the unsatisfactory authority 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 Governingthemselves here by such advices as came frequently from Paris, and Saint Omers ? "

(541) Answer : This too is remotefrom 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 neverexisted 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. Icame to be burnt ? fell? "

" Does any man now begin to doubt how London Orbywhatways and means poor JusticeGodfrey

(545) Answer: The credit of Oates, after all his lies and false oaths , is notso great that it proves the Catholics were the originatorsof those crimes.

(546) L.H.S. " And is it not apparent by these Instances, that such is the frantickZeal 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 ? "

But

(547) Answer: Nothing true follows from false premises. every single thing you have repeated from Oates's story is false If less trust had been placed in him from the outset, the royalCitywould have enjoyed its commerce, the King his leisure, his dominionstheir 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 Lordshipspart in it hath been too too plain. What you did at Paris, and continued to do at Tixall in Staffordshire, shews a settledpurpose of mind against the King ; and what you said at London touching Honest Will, shews you were acquaintedwith 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 misplacinghis 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 improbablethat the wordsquoted were everuttered by the prisoner The word' heretic' is such aninsult 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 difficultyin 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 whofollowedthe King's side in the Civil Wars, andwho expected to have all the offices after Charles's returnthey, when they saw that they had been mistaken, often publicly used suchexpressions 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 oftheiraccusations, that these men are the birds ofheaven. At first they accused a few Jesuits ; then Benedictines, Dominicans and Carmelites ; then the whole Catholiclaity; 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 (whomthey were alreadyindirectly attacking) in greater safety than is usual They have spared perhaps none of Charles's ministersexceptyou, my Lord Steward Whetherthis should be accounted an honour or a disgrace to you, our posterity, who will be 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 forswornheresy inhis youthand securedadmission intothe bosom ofthe Church, he has cleaved unceasingly to that body, whose head is Christ, God blessedfor 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 charitywith which he loved even his bitter enemies and offered to God fervent prayersfor 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 Catholicpriests 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 outof 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 ofthe crimes of which one is really guilty. But this warning that such contrition also has great power with men, to win their mercy, looksinanotherdirection 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 heretical, not sincere but feigned, false, fallacious , perfidious, perni-

cious, loathsome to all good men, hateful to God, and pleasing only to trouble-makers, bad and worthless charactersin 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 ofdeath: " Either acknowledge yourselfguiltyofthe charge againstyou, or you shall die the death." The ingenuity of the savage pagans never appliedthis sort of instrument of torture to their victims. This new embellishmentofcruelty we owe to these merciful Protestants who shrink from bloodshed and hate lies more than a dog or a snake . It is less remarkablethat 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 bluntlyin 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 tobelieve , 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 giveGod 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 youcan provewhatyou say byno reliablewitnessesand by theauthority 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 yetyou 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 authorityfor the ruin of those men whom it was your duty to protect

(563) Thenthe Lord High Stewardpronounced the deathsentence customaryfor 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 nottill 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 mannerof execution customaryfor nobles in England. They found Charles readyto accede to their petition ; he gave instructions to the sheriffs of Londonto have him decapitated But thesheriffs, withunprecedented audacity,decided

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nottoobeytheroyal command untilthey had the consent ofParliament So they submitted to Parliament a petition in which they asked what ought to be done The Upper House replied: Obey But notsothe 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 executionof a sentence ? (2) Whether the Upper House has the powertodothis ? (3) Whether the Kinghas power to quash any part of the punishment? (4) If he can quash a part, whynot 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 prisonerwould escape the whole punishment. So all unanimouslyreplied to the sheriffs' petition that " theMembers ofParliament 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 theKing 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 prisonerwas 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) " Bythe Permission ofAlmightyGod, I amthis 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 forany 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 Wifeand 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 unto me; but I hope God of his InfiniteMercywill pardon my Defects, and accept my good Intentions.

(568) "Since my long Imprisonment I have considered often what could be the Original cause of my being thus accused, since I knew myselfnot culpable, so much as in thought; And I cannot believe it to be upon any other account than my being of the Churchof Rome . I have noreason to be ashamed of my Religion , for it teachethnothing but the Right Worship of God, Obedience to the King, and due Subordination to the TemporalLaws 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, Excommunicatedby 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 Nations: and as such from my heart 1

Renounce andAbominateit. As for the Doctrine ofDeposing Princes, I know some Divines of the Catholick Church hold it, but as able, and Learned as they have Writtenagainstit: Butit was not pretended to be the Doctrine of the Church, that is, any point of CatholickFaith: 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 HolyCatholickChurch, of whichthrough 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 , notin any of those Crimes of which I was accused . (570) " All the Members of either House having libertytopropose in the House what they think fit for the good of the Kingdom:accordingly I proposed what Ithought fit The House is judgeof the fitness 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 ifI had , the Lords would, as they might, have some way punished me; So I am not culpable before God or Man. (571) "It is much reported of Indulgences, Dispensations, and 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 suchthing, but the contrary And I speak this without any Equivocation, orMental Reservation , whatsoever : And certainly were I guilty, either my self, or knew of any one that were guilty, (whosoever were so) of any of those crimes of which I am accused, I were not only the greatestFool imaginable, but a perfect mad-man, and as wicked as any of those , that so falslyhave 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 grievous 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, withoutany 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 Ihad knownofany Treason, and should thus deny it, as I donow 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 beseechGod to bless His Majesty, who is my Lawful King and Sovereign, whom, I was always, by all Laws Humaneand 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 Governmentof 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 sincerelyprofess, that if I could at this time free my self immediately, and establish what Religion I would ,

and what GovernmentI 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 causeofany man's death, that I would not anywaybethecause of their murder; how much less would I endeavour the Assassination of His Majesty, whom I hold to be as Gracious a Kingas ever this or any other Nation had ; And under whom the people may enjoy their Liberties, as much as ever any did; And ifit 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 beseechGod grant

(574) "I do most humbly ask Pardon of the Almightyand 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 wellas 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 Perjuredmen, that so falsly have broughtmehither 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 theworld 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 throwmyself 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: ifit were not so, God forgive him or them that were the cause of it

(580) "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

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 ofChrist Jesus, to obtain everlastingHappiness ; 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 Causersofit, 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 Sheriffto begivento Charles Then, kneeling down, he said twoprayers, the firstin Latin: " O Jesus, I confessthat my sins are many andgreat, forwhich Iamafraid; and yet I hope inThyMercyand Commiserations , ofwhichthereis no limit, etc." The secondwas in English: herendered 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 hisneckupon the block beneath, and prayed silently for a while; then, at the Executioner'sthird 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 cheerfullyto 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 . "

His (584) STAFFORD'S LINEAGE. Such was the glorious death of William Howard, Viscount and Baron of Stafford, a scion ofthe 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, grandfatherof his Eminence Prince PhilipCardinal Norfolk, and great-grandfather of the present Duke of Norfolk. mother was a daughter of the Earl of Shrewsbury , and belonged to the illustrious family of the Talbots He had married Mary, the daughterand heiress of Edward Visc 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 Thomade Bretherton, whose father was Edward I, King of England. By his wife Mary he had seven children (two sons andfive 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, andthat he had been induced to do it by a reward of £600 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 guiltytestified their grief at the verdict pronounced

against him . Finally, in 1685, the whole Upper Chamberthat is as many of the judges as were then survivingrevokedby solemn decree the sentence passed upon him, and declared him innocent.

(586) PROCEEDINGS OF PARLIAMENT . Now 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 treatieswith Spain and Holland would not survive for long, unless the Spaniards and Dutch felt confidence about the pact; and that they wouldnot 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 ofSuccession, 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 extremeperil; (3) that the Protestantsshould make a covenantamong themselves to guarantee the security of the King, Religion, and the Protestantsagainst 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 onthe King's authority . A frontalattack was launched on 17th December, when they resolved (1) that a law should be passed prescribingmorefrequent meetings of Parliament and longersessions; (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 moneyfrom 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 guiltyof treason). Next, they drew up a petition in the name of them all, which was to be presented to Charles Ostensiblyit was couched in modest terms: infact, 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 toexclude Yorkfrom thesuccession, and had grantedtrue Protestantspermission to make a covenantfor 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 removedfrom 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 equippingthe fleet, and for all other purposes which it was the duty of subjectsto Drovide

(588) We shall give in the following Book Charles's reply to this petition--this humble' petition, as Parliament called it this out-

rageous petition, as others thought it. A rumour was put about that Charles intendedto promotesome members to highoffices Parliament, suspecting that the aim was to underminethe loyaltyof these members to itself, forbade, on 30th December, any member of Parliament to accept any honourable or lucrative office from the King withoutthe consent ofthe other members; and they laid downpenalties for any who should break this rule.

(589)

A TERRIFYING COMET

About this time, a comet ofunusual 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 HimWho creates and conserves all things; whether they are symbols of the justice and anger of God or signs of His mercy; whether they are harbingersof peace and blessings, or whether, like the Fetials of old, they are sent to announce war, pestilence and disasterthe discussion of these and all such questions I leave to others who have the leisure. The Turks believed that the comet heralded the fall ofthe Ottoman Empire, because a similar comet shone when that Empire first arose . theconjecturewas not withoutgroundis shown by their loss ofHungary 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 Lancasterhad not suffered much harm in the Persecution , nor indeed had the rest of the Catholics of those regions, apart from the imprisonment and condemnationof John Rivers and Richard Barton, who were not, however, executed Thereason for their safetywas eitherthattherewas none tofan 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 sufferingfor Christ's sake The Fatherslabouring there for the salvation of souls were put to flight; the Catholics were much inconvenienced; and a pious woman called Mrs.Pennington, alreadyadvanced 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'sexertions ) the malice ofthe 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.

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 Plunkett's speech Trials of Miles Stapleton and George Busby Shaftesbury and others are taken Bills of indictment against him and various others are rejectedbythe London Juries. The deathofJohnPaulOliva. JohnMore is MayorofLondon.

(592) Consider the tides of the sea : when the moon is newor full, the water pours forthits swollen waves into the estuaries ofsurrounding 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 theirduty to the King, and puffedup 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 thetwo 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 perceptionor stupidity. Very few suspected what was the truth, namelythat there was a deeper wisdom in this policy: Charles hoped to undermine the authority of Parliament among the English, who love Parliamentsmore than divine orhuman 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 especiallythe Lower House, were going farther and aiming at overthrowing the monarchy, appropriating all power to themselves, insulting Charles, refusing his just demands, while themselvesmaking unjust ones, and themselves embarkingona realtyranny, while chargingothers 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-

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 couldnot defend the things they had dared already, exceptby 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 Thoughtsso wholly fix'd upon the Bill of Exclusion, as to determinethat 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 manneras 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; togrant monies, ifhe were not excluded, would be to imperil all; the members of Parliament would, in making such grants, be relinquishing their duty towardsthose bywhomthey 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 bothof King andKingdom Theymentionby 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 10th 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 Reli-

ENGLISH PERSECUTION OF CATHOLICS

gion, a supporterof the power of France, and a pensioner of the Most Christian King This shows how thoughtlesslythey gave their votes , for they were declaring that a man who was completelyunknown to them had been corrupted by French gold. But these decrees were mere unaimedthunderbolts,for, first, the consent of the UpperChamber was notgivento them, and secondly, Charles on the same day, by proroguingParliament to 20th January, put an end to this sessionwithout 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 :hesecured throughhis emissariesthedrawingup by the City Council of a pamphlet of petition to be submitted to Charles. In it they said that " they had 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 therest,andlikewisewhenthey were preparingto tryScroggsand 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 theirworkshops, 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) ThisParliament had been most hostile to the Higher Powers , whose authorityit 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 ofjurisdiction was conferred uponthem during the King's goodpleasure, so that they were under the King's control, and could be removed atwill by him ; but this Parliamentproposed to abandon the oldformula and employa newone: 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 whoshould voluntarily lend Charles moneyor pay theirtaxes before time; (4) becauseit called in question Charles's power to remit punishmentseither 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

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 helpingeach otherby interchange of services; theMembers were inciting the boldest of the citizens against Charles's way ofruling, 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 theother any forces to direct. But in Oxford the townsfolk were untouched bythe ambitionsof the revolutionary faction, and supportedthe 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 remedycould be applied; Parliament had been preventedfrom applying any cure by unexpected prorogationsand 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 questionof the validity of Parliament's proceedings They therefore asked the King to order Parliament to meet in London. The petition borethe 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 Councilfor having undertakena duty which would not ingratiate him with the King; yet he obtainedno 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 withoutprecedent 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 establishfrequent 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 pursuingthe same aims and not to grant any money, so longas 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 strongestin 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 ofParliament too, made preparations, not so much with a view to defending

ENGLISH PERSECUTION OF CATHOLICS

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 theirown 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 Tyranny. " This armed assembly promisedno 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 GovernmentMy Self, am resolved not to suffer it in Others . . . . But whoeverwill 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 muchMy Care as yours , to preserve theLiberty 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 ofthe Crown are invaded, orthe honouroftheGovernment brought low, and into Disreputation I let you see byMycalling 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 Foundationsof the Government ... But I must needs desire you not to lay so much weight upon any one Expedient against Popery, as to determine , that all others are ineffectual" He would never consent to the removalof 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 Governmenttogether, withregardto 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. Infact, shewas underan obligation to do so , lest Charles afterincreasing 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 Gavanin this doctrine had followed his fellow Jesuits, and that Escobar had held the same opinion earlier;

he himself had gone to Brussels to get a share in the money which Pope Innocent XI had sent therefor 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. Thiswas done at once It achieved practically noother 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 womanand 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 madeanymention 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 Mauricewere false has been declared by the Illustrious Nuncio of Brussels, who has said that he can prove by Maurice'sown signaturethat he received a share ofthe subsidy, and that theaccounts 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 transferredthe trial of this casetothe Lords; and theLords decided to entrust it to the ordinary courts. This was the decision of the great majorityof the Peers , but somenineteenin numberprotested against it, and amongthem 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 ofParliaments, andanObstructionto the further discovery of the Popish Plot, and of great danger to His Majesties Person , and the Protestant Religion"; and" thatfor any InferiorCourt 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 transferredto that supreme tribunalofthe Peers . How much time will the Peers have left over from judicial business for conductingthe difficult business of the realm, if they are occupied in these minor cases ? In general, English Lawprescribes 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 wishedas if the Lords were obliged to dance attendanceon 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 right of succession

(611) The Commons knew that if the Peers had accepted the trial of this case, in which they (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 they 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 ofpersons accusedby themwithoutviolation oftherightsofParliament; 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 him 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 beforeeight 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 , gapingat one another; and no plan occurred to them Soafterremaining 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 rumouredat 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 pleasureto 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 , confirmedit. Besides, they hadto handforces prepared on the pretext of self-defence, but quite adequate for great ventures Hereafter, the hopes and fortunesof the Faction seemedto ebb away and recede , since they were unable to disguise their wickedpurposes 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 readyto 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 Plotbut all in vain. Their Addresses had been in the nature of Remonstrances . " They

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 andremovalfrom office of variouspersons " withoutany 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 forbadethe 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 impartialExecution of our Laws " These were someoftheunwarrantable 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 bylaw of his brothera 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 ' dispute arose about FitzHarris, whose case the House ofLordsthought, as he also did, should be referred to the ordinary Course of Law; but the Commons wished to snatchit 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 everyday'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 healingthe Distempers of the Kingdom, and the only means to preserve the Monarchyin 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 rememberthe steps by which Civil War, the greatest ofallevils, had arisen not so long before and who know " that Religion, Liberty Another

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 servingthe public interest by his prompt dissolution of Parliament, begging him to carry on 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 PLUNKETTAND 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, thatno juryman orothercitizenshould have anyscruple onaccount of the decree made by the Commons at Oxford, Charles had the Judges consultedas to whetherthe 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 wrangledwith the tribunal, refusing to admit its authorityand 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 wellmen 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

been made Primate of Ireland at the instance of the Most Christian King, thathe had undertakenthe taskofreceivingthat 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 convenientfor receivingthe Frenchtroops ; 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 distinguishedPrimate'sspeech to be given below The prisoner asked for the case to be adjourned for ten days, saying that this interval was necessary in ordertosummon 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 hehad 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 accountof theirwellknown hostility. He had collected no money, he said, outside his own diocese , nor within it any beyond what clerics are obligedby the custom of the country to contribute to the support of their Bishop; this scarcely amounted to £60 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, Viceroysof 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 Archbishopcould 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 " tookentire possessionof 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 mannerbetrayed despair : he was the living image of a man passing through a shamefuldeath 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 , andnowvery soon must hold up my hand at the Kingof 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

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, forwhichwithina veryshorttime I must receive sentence of everlastingdamnation, after which there is no reprieve or hope of pardon. I will therefore confess the truth without any equivocation, and make use ofthe 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 affairsmay be better knownto alltheworld, it is to be observed that I have been accused in Ireland of treason and premunire, and thatI wastherearraigned andbrought 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 came to this city to procurethat I should be brought hither to my trial, where the crimes objected were not committed, where the jury did not know me or the qualityof 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 arraignedfor 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 ofthe uncertainty ofthe seas , ofwind andweather , 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 thereforebegged 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 whodid aim at mylife, by accusing me ofthese following points.

" First, that I have sent letters by one Nial O 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 O 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 seventythousandmen

" Fourthly, to have had in a readiness seventy thousand men , and lists made of them, and to have given directions to one Frier Duffyto makea list of 250 men in the Parishof Fogart in the County of Lowth.

" Fifthly, to have surrounded all the forts and harbours of Ireland,

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 Meetingin the County of Monaghan, some 10 or 12 years past, where therewere 300 Gentlemen ofthreeseveral Counties , to wit Monaghan , Cavan, and Armagh; whom I did exhort to take arms to recover their estates.

" To the first I answer that Nial O Neale was nevermy 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 Macmoyeris 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 FrenchKing's Ministers, neither did any who was inthatCourteitherspeak to me, orwriteto me directly orindirectly , of any Plot or Conspiracy against my King or Country. Farther I vow that I never sent agentor 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 governmentis not of Roman Catholics) are commanded by Rome , not to write to Rome, concerning any civil or temporal affairs. And Ido aver , that I never received letter or lettersfrom the Pope, orfrom any other ofhisMinister makingthe least mentionof anysuchmatters: 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 O Neal to the FrenchKing or to any of his Ministers; and that I never wrote to him , orreceived lettersfrom him; and that Ineversaw him butonce , 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 seventythousand 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 Parishof 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 Iit in my thoughts

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 meetingof 300 gentlemen of the three Counties of Monaghan, Armagh, and Cavan , nor of one County, nor of one Barony; and that I never exhortedGentleman or Gentlemen either there, or in any other part of Ireland, to take arms for the recoveringtheir 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 by the late rebellion; and as 'tis well knownallmy thoughtsandendeavours were forthequiet ofmy 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, greator 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 inaMap, but will thinkit a mere romance; I never knewofanyplotters 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 asI am; for ifI 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 , andto have prepared Carlingfordforthe French's landing, all would but laugh at me; it being well known, 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. IfI will deny any of those crimes (as I did, and do) yet it may bethat some, who are not acquainted withthe affairs ofIreland, will notbelieve 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 Protestantjury in Ireland, and had been even acknowledged by me at the Bar, they would not believe me, no more than ifit 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 the 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 I answered that I never knew of any conspirators in Ireland, but such as were publicly known outlaws, and that to save my lifeI would not falselyaccuse any, nor prejudicemy own soul Quidprodest homini .. ? To take away any man's life or goods wrongfully, ill becometh any

Christian, especially a man of my calling, being a clergyman of the Catholic Church , and also an unworthy prelate, which I do openly confess; neither will I deny to have exercised in Ireland the functions ofa Catholicprelate, as long as therewas any connivance or toleration; and by preaching, and teaching, and statutes, to have endeavoured to bring the clergy (of whichI had a care) to a due comportmentaccording to their calling: yet some who would not amend had a prejudice against me , and especially my accusers, to whom I did endeavour to do good -I mean the clergymen (as for the fourlaymenwho appeared against me ,I was never acquainted with them) 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 reflectupon the OrderofSt. 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 the 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, O Lord lay not this sin to them . ' I do heartily forgive them, and also the judges, who, by denying me sufficienttime 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 withall my heart, and ifI should, or could live a thousandyears, I have afirm resolutionand a strong purpose, byyour grace, O my God , neverto offend you; and I beseechyour 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 Protestantsdo, whenthey 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 tractsagainst Charles) as Plunkett was innocent. Having called forthe assistance of theMinistersat thatsolemn 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 owncrimes and those ofhis accomplices, he had committed it to writing, and had already entrusted this to a

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Minister. Upon hearing this, the Sheriff who was present , being afraid that the documentmight 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 thatthe document had already been handed to a person of quality. asked about his religion, FitzHarris said that the Minister would answer about that When

(626) The cart was then drawn away and the two hung there, one of them a victimpleasing 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 thefriends they had left behindthem.

(627) 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 remarkablepiety, his position of Primatethe 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 higherstudies that the office of teachingsacred Theology in theCollege 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 ofa good shepherd, keeping off the wolves from the Lord's fold, restraining the turbulent, and punishing according to the rigour of Canon Law some discontentedreligious 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 samecellwhichFather Harcourt, S.J., the Provincial, had occupied Whenhe learnt of the manypious exercises withwhich Father Harcourt had prepared himself for death, he prayed to him with remarkable pietyand 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 sentbackto Ireland, and there paidthe penaltyfortheir crimebybeing put to death

(629) Shortly afterwards, the document which FitzHarris had entrustedto the Minister was published. In it Howard, BaronEscrick , 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 greatermenace to Liberty and Religion than York himself

(630) SHAFTESBURY AND OTHERS 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 TowerofLondon, and the documents found in their closets were placed

before the Privy Council Also committed to prison were Rouse, Haines, White and College, who was nicknamed, from the craft he practised and his zeal against Papism, " the ProtestantJoiner." These are indeed mere names; but they lacked neitheringenuity norassiduity, and abounded in audacity. So, remarkable as it may seem , there was in the dregs of the populace the wherewithal to overthrow a powerful king

(

631) THE 'ASSOCIATION . ' In Shaftesbury'scloset was discovered a paper entitled " The Association " Not only in its title, but in its matter and in the whole of its contentsit agrees with the Association made by the French Leaguists, so that beyond doubt the idea was borrowed from them; but it was at the same time greatly altered for the worse , in so far as the Frenchare more reserved, and these English conspiratorsmore 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 ofour hearts, the popish priestsandJesuits, with the papists , and their adherents and abettors , have, for several years last past, pursued a most pernicious and hellish plot, to rootout 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 notoriousthat 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 dependantsuponhim, 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 thereof having been appointedby him , to the apparent hazard of his majesty's person, our religion and government, if the danger had not been timely foreseen by several parliaments, and part of those forces, with great difficulty, caused by them to be disbanded at the kingdom'sgreat expence; and it being evident , that notwithstanding all the continual endeavours of the parliament to deliver his majesty from the councils, and out of the powerofthesaid Duke, yet his interests in the ministersof state, and others, have been so prevalent, that parliamentshave been unreasonably proroguedand dissolved when they have been in hot pursuit of the popishconspiracies, and ill ministers of state, their assistants

**

4. And that the said Duke, in order to reduce all to his own power, hath procured the garrisons, the army, and amunition , and all the power of the seas and 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 the strength, reputation, and treasure of the kingdom, both at sea and land, is wasted and consumed and lost by the intricate, expensive management of these wicked destructive designs; and finding the same counsels, after exemplary justice upon some of the conspirators , tobe still pursued withthe utmost devilishmalice and desire ofrevenge,

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whereby his majesty is in continual hazard of being murdered, to make way for the said Duke's advancement to the crown, and the whole kingdom, in such case, is destitute ofallsecurityof theirreligion, 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'ssafety being utterlyrejected, 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 preservationof 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 nodelay ofthe 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 promiseofmutual 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 declarationof 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 terrorof all the good people of the land.

(634) Moreover , James, Duke of York, havingpubliclyprofessed and owned the popish religion, and notoriously given life and birth to the damnableand hellish plots of the papists against his majesty's person, the protestant religion, and the governmentof 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, accordingto 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 seditionfor him , or by his command , as public enemies of our laws, religion, andcountry. (635) " To this end, we, and every one 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 particular forces, we will oppose and pursue unto destruction,

allsuch, asuponanytitle whatsoever shallopposethe just and righteous ends of this association ; and maintain, protect and defend, all such as shallenterintoit in thejustperformance of the true intentandmeaning 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 raisingforces 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 setover usin the several countries , cities, and boroughs, until the next meetingof this or another parliament, and will then shew the same obedience and submission unto it, and those who shall be of it.

(636) " 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 restofus prosecuted and suppressed as perjured persons, and public enemies to God, the king, and our native country.

(637) " To which painsand punishments we do voluntarilysubmit ourselves, and everyone of us, withoutbenefitof any colourorpretence 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 hereafterinto this society and association . "

(638) Such was the Associationan 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 ofunityin civil society, as the Bishopis in ecclesiastical society ; hence to set up a newunity which excludes the King is just the same as to wrenchthe head away from the body, to renounce the head, to lacerate the body ofmonarchy, and set up another body unknown to law and plainly opposed to the monarchic constitution.

(639) The Preface , for all its pomp, contains no elementoftruth, 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 explanationthe true onejumps to the eye of anyone who reads theirpro- ceedings

(640) The first article is treasonable , because in it they vow to combat the Papists and their supporters withoutexception; yet York was a Papist and Charles a supporter of the Papists , so that they are declaring war on both Yorkand 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 andrights ofParliament For appear-

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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 throneamongwhom 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 andauthorityfrom Charlesas if he had abdicated itto 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 , andthreaten 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, monarchywas being overthrown, and an aristocracy set up; thus the whole present constitution was being dissolved and anotherset in its place. Inother words, the Associates were really doing just what they were falsely and calumniouslyaccusing 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 seriouslyabout a remedy, and nothing occurred to him as morelikely 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 doingthis : 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 declaiminglike actors in tragedyagainstthis 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 earlydays, when she thought her only source ofdanger was theCatholics (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 anyonewho has been ordained a priest is guilty of treason ,

as also is anyone who gives hospitality to a priest, who relinquishes the rites of the heretics and embraces the faith of the CatholicChurch , 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 to be educated in seminaries overseas, or who support those seminaries Thus what was once said of the laws of Dracon may also be said of thesethat 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 favouredthem) 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 magistratesnot even the highest (for one ofthem 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 cutdown all whom he came across). Thus through the neglect of a spark a great conflagrationthreatened ; but Elizabeth, a woman with the heart ofa man (in whom nothing was wanting save the Orthodox Faithand 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, seeingthata 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 approvethe 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 restthe 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 disseminationof these and other similar doctrines provoked the industry of Lestrange and others to prepare an antidote tothe poison whichwas being spread This was not difficulton 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 swordfrom God It is certain that by the Natural Law, right down to the time ofthe Flood,the father ofa familyhad supreme power overhischildren , 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 ofthe supreme power ; thatit 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 establishmentof 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 powerwas 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 withouttrial, 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 thatthey 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 questionshow 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 difficultyis caused by the passage in Inst. de Iure Naturali, " Whatever has seemed good to the Prince, etc. , " for this is concerned 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 ofmankind For what could be more absurd than forthehighest 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-

stration, except perhaps the case of Charles I, who was brought to trial by his rebellious subjects, when his only crime , ifit 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 Kingpresides over all, in the relation ofhead to members . It is the part of these three estates to deliberateabout 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 forruling; for ifthe King, dragged off his throne, were reduced totaking his seat among the rest and becoming an equal member oftheir society , the consequencewould 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 revolutionarieswere trying to overthrow another of the King's powersthat 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 creationof a King, and if the People transferredit in its entirety to its deputies, it would follow that for the time being the supreme authorityrests with the deputies alone. Thus the Lords would have no power, becausenobodydeputes 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 authorityof the People a pure chimera , as we haveseen , but so also is representationof the whole People, and deputation by the whole People For the Lower Chamber, no less than the Upper Chamber , as was said in the IntroductoryNotes, 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 entryinto the Upper Chamber, whenever it is convoked, also grants to certain cities or towns the right of deputing some who will enterthe LowerChamber. So entirely does this depend on the King's will, regardless of the nature ofplaces,thatsomelarge citiesare without representationforexample, Ely, the metropolitan See of a large Diocese with a large population;

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similarly, the threechief 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 everyielded 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 expertsin 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 representatives , and others only one Why so? Because Kings have so decided That is the only and the true cause of the discrepancy . 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 upona numberofcities. The source ofthe right in each ofthe two cases is the King alone.

(657) Thus the fifth and sixth propositionscollapsethose which assert that the decreesofthe Lower House must be obeyed, even though they receive neither the approvalof the other Chamber nor the King's assent , for both propositionsrest upon the fallacious theory of representationofthe People The suggestion thatthedecreeofoneChamber , 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 When, 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 ofarms. 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 Smithgreat 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

the remainingtrue 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 towardsCharles, forin defendingthe 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 anaction 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 confirmedby manytrustworthywitnesses, was rejected by the Grand Juryof London , whoacted not as judges but as advocates and defenders ofthe 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 Shaftesburyhad 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 ofpublic festivitythat are customarywhen 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. Theyrepliedthat" the jury had decided to recognise no charge brought againsta true Protestant and every charge brought againsta 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 whoconspired againstCharles were not guiltyof 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 ofthe jurymen were removed from the list by the judge'sorders; 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 £50 on them The City Council took up the sheriffs' case to be defended at its ownexpense: they maintained that the fine ought not to be paid , since the sheriffs had not exceeded their powers, andhad done wrongto nobody.

(662) THE DISPUTE OVER THE PRIVILEGES OF LONDON The King's ministers were then obliged, if they wished to preserve the State 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 misusingfor the ruin of the kingdom. This dispute, which began now , lasted for a number of years. Its outcomewill 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 Atits opening a letter from Charles was read out explaining the reason why it had been convened, namely, to deliberateabout 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 providedhim 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 theright of succession , etc. The members of Parliament, after expressing their gratitude to Charles and York, turned to public business Inorder perfectly to satisfy the King's command and York's very reasonable desires, they unanimously decreed that the kingdom of Scotland hadbeenfrom the beginning, was then,andalwayswouldbe, hereditary; that no diversity of religion would prevent the King's nearest bloodrelation from being his heir or from succeeding to the throne after hisdeath; that anyone who sought by word of mouth, writing, ordeed , 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 hopeof 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 separatingthe 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 andturbulent disposition Hewas accordinglycommittedintocustody and condemned for treason, but by breaking his prison he_evaded punishmentfor the time being He passedin disguise through England into Holland; but when four years later he returned to Scotland , he

Parliament paid thepenalty he had deserved for his seditious conduct. 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 Catholicsthat he had wished to murder Charles, to overthrow the constitution, to bring in Papism, etc. Thewitnesses brought againsthim were John Smith (whomerely said what he had heard aboutthe Plotat Rome and Paris, andnothing that affected the prisoner) and Bolron and Mowbray, who made the same charges nowas formerly against Gascoigne. TheysaidthatStapleton had met Gascoigne in his house, and that there they had held a consultationabout the things which formedthe charge; that Stapleton had promised £20 of hisown moneyto 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 citedinorderfor choice as jurors, theprisonertookexception 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 prosecutionrejected 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 Societyof Jesus on trialfor 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 magistrateGilbert, at the instigation of Anchitell Grey, the son of a most noble family, but withoutcorresponding wealth since he was not the eldest son: he had soughtto 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 £100 promised to those who captureda Jesuit. The witnessesproduced 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 testifiedthat the prisoner had held services accordingto 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 evidenceto the annoyance of the judge, whowas less than fairtothe prisonernevertheless the jury gave a verdict of Guilty, and sentence of death was passed upon him. He received it witha smiling countenancewhichbore witness to his interior joy, andafterthankingthejudge, recited the Te Deum His executionwas deferred indefinitely by the judge, to the great advantage of the Catholics livingin 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£3,000 was given, and Busbywas released from prisonon the understanding that he would present himself before the judges at thenext 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 CATHOLICSOF HAVING INTENDED TO BURN THE FLEET As the old accusations againstthe Catholics lost their savour, a newone was brought againstthemthat 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 himselfthe power of conferringthe ecclesiastical benefices , whose gift belonged to him by right of patronageor 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 ofLondonwere nowin bad odourwith good men everywhere on account of their wicked designs. Yet it seemed vain to hope that therewould be deep peaceelsewhere so long as the people of Londonwerein a state offerment, becausetheir 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 ofschism and heresy againstthe Divine Majesty, and ofsedition 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 LONDON 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

normalorderofthingswould have had the greatest measure ofsupport. 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 hostileto the Faction The advocates ofrevolution opposed his election , becausethey knew it wouldinvolve the ruin oftheir party; but their effortsfailed

(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. Hejoined the Societyin Rome He was long Rectorof 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 withgreat 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 16thcentury. He often used to sayjokingly that he was " not a man of this century. " about him see the History ofthe Society. present Book.

For further information Let this be the end of the

(673) CONTENTS The great flood in Belgium, and its causes . A portrait of York is defaced Thomas Thynne is murdered Hence new accusations againstthe Catholics Charles orders the imprisoned priests to be deported to islands, but without effect The casebetween Adam Elliot and Oates. The enquiry into the property of Catholics. A new sort of person, called Trimmers York returns to England Charles de Noyelle 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 elected, lovers of peace New intrigues of Shaftesbury and the Faction Shaftesbury'sexile 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 coilseven so in England the Presbyterian Faction, as we have seen, having lost many of its members , hurledout vain threatsas its strengthdeclined in the yearjustdescribed. 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 Scheldt 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 England escape this disaster, which assailed its westerncounties , where the beach is comparatively low-lying. However, it did little damage, partlyonaccount 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 otherwise enter. (The narrowswhich close the Balticperformedthe same service there.) The waters therefore poured straight into the North Sea, until they impinged for a second time upon straitsthis 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 of 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 toroll great masses of water against the Continentopposite . (676) The causes to which this disaster is attributed are two: first, a very hightide ofthe sort which occurs at the newandfull 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 AtlanticOcean , driving mountainsof 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 Yorkparticularly 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 ofthe Guildhall of Londonhungpicturesofthe two brothers, skilfullypainted and of more than human size Some unknown persons grossly mutilated the one of York. This outrage greatly distressed the Mayor, John Moore , who, with the Aldermen, promised £500 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 againstthe 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 Lordor 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 Lordand ofMary, the MotherofGod However, I write as a historian, not as a controversialist (678) THE MURDER OF THOMAS THYNNE. Another atrocious crime defiled the beginningof this year There was a person called Thomas Thynne, who belonged tothe lowest grade ofthenobilitybutwas conspicuously wealthy (his annual income was said to amount to £10,000). 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'shouse in a carriage, a person on horseback unknown to him let off a pistol at him and caused a woundin 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 whohadmurderedThynne, and thatthe ambush had been laid for Mon-

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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 substitutevictim, bytheir ungodlyfury. This accusation was forthwith printed and published, and disseminated among the populace in variouspamphlets. In one ofthem occurs the sentence: "I believe that Thin was killed by the Papistsas 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, lovedhim so muchthat shedisguised 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 husbandwas still alive, so he had him put out of the way by two or three army officers who had served under him The assassinswere punished for their crime by hanging. Koningsmark took to flight, was brought back, and stoodtrial 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 priestshad remained in prisonthroughout the wholeof the preceding yearsome 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, that 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 knownto be guiltyof serious crimes should be releasedandgranted large rewards !). Exile, they added , was not the statutory punishment for criminals of this type, and even ifit were, it could not beinflicted 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 disputearose 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 anotherwill 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

Barons had served the Faction well, and both were dear to Oates , but more especially North, who is said to have given him £100 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 to 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 Romemore 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 cityin Tangiernearthe mouth of theriverofthesame 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 intothe 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 expertsin CivilLaw delegated by the ProvostofCanterbury Before themOates accused Elliot of the following crimes : first,ofhaving 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 Mohamedanism; and sixthly, Oates asserted that he had learnt all this from a paper writtenin Elliot's own handwriting, the characters of whichwere very familiar to him. On anotheroccasion he had said that Elliot had been ordained a priest at Rome, and had there sung High Massesin the Scottish College, that he 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 Salleebutat Mamorra. When otherstold 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 bythe Moors), he repliedthat he knewbetter than they, because he had been there once . He also said that Elliot had not despatched 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 hadneverbeen circumcised, if onlythe 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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livingin Londonas secretary to the ambassador ofthe Kingof 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 hehadneverreturnedto 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 innocentof 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 womanishcharacter, they said , to have called Oates's honour in questionmerely to defend his own honouror his life even: it would have been much better to have suffered the extremepenalty rather than sufferthe authority of Oates , which was needed against the Papists, to be impaired When he 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 accusationsboth, as times then were, most invidiousone , that he had said Oates was wicked and indeed very wicked; the other, that he had pronounced the Jesuits to be martyrs (for his conditionalstatement 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 irkhim , foritswalls protectedhim 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 whocould 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 allthe more boldby the absenceofany fearofpunishment; forhatred of their religion hadclosed 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 profitto the Treasury, since the greaterpartof 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

that the usufruct of all the property possessed by Catholics throughout 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, Earlofthe Isle of Thanet, who, thoughopposed to the Catholicreligion, 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 this is the most grievous and dangerous kind of persecution, if it be 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 numberof thefaithful, 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, as 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, enticedby 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 newsort of man, treacherous to Charles andwell-disposed towards the Faction: they said that the vanquishedshould be treated with pity and that one shouldnot 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 fearedthan 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 Scotlandto the satisfactionof Charles and of himself, and afterrepressing the Faction by punishing various of their number, York returned to England, to render 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 demonstrationsof joy The Scottish nobles had flocked to Newmarket on horseback , because one ship had not been sufficientto hold them all The Court was never , it would seem, more throngedor happier. From Scotland two Archbishops (those of St.Andrew'sandof Glasgow) andfive Bishops (those of Edinburgh, Gallwey, Dunkeld, Brechinand 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 remarkableindustry he had taken care of the Bishops' affairs , private as well as public; never had they made any proposalto him for the good of the Church which he had not at once carried out; he had given peace to the Churchand the Kingdom; thanks to his vigilance the fanatics had been repressed , sothat they couldnot erupt intoruinousdisturbances 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 agroundin shallow waters, though the other four ships accompanying it did not. These shallows were known to York, and he had warned the Captain of thembut in vain ,for the Captainmaintainedthat 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 torenderanaccountofthis 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 noblesmen who certainly deserved a better fate, if only for their remarkablefidelity 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 under Henry II, King of England). When they saw that the little craft had reached one ofthe 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 perpetualimprisonment, a punishment worse than deathitself, becauseit is more protracted A secondperson suspectedofthe samecrime and brought to trial was the commanderof anothersmall ship which preceded the vessel that carried York. This hadsounded the depthwitha lead sinkerand hadavoided the shallowswithout, however, giving any sign of the approachingdanger tothe ship following her . But as the accusation rested wholly on suspicion, 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 NOYELLEIS ELECTED GENERAL OF THE SOCIETY

At the beginningof July a new head was appointedto the Societyof 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 all who were in Rome at that time, for there were present at the election all whom the Constitutions of the Society allow to be presentthe sixteen Provincialsof 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-huntersboth 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'sdelight in his ignobledeed did not lastlong. 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 ' ог Eavesdropper ' When peace was given to the Churchunder King James, the good old man was restored to liberty and to his flock, which even now he continues to feedwith 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 Scandalo 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 diffidencein 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

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the courts, although many cases between the King's supporters and the Faction were being set on foot ; for in the present situation the 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 sheriffswere 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 being, 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 weaponsand 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, usingthe hardest and heaviest of all woods , which the Americans , whose country is the only place where it grows, call the Lignum Vitæ They took a piece six inches long andfourbroad, and, by way of increasing its weight, hollowedit out andfilled itwith lead This they attached to a handle with iron chains or some other strongbond. The weapon was so shaped that it could be conveniently carriedabout in a bag; and so effective was it on account ofits hardness and weight that when appliedeven 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 knownwhooriginally 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), becauseit resembled theflails which the peasants in Englandand in nearbyregions ofFrance and Germany use for separatingthe 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 bloodshed 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

or ratify as elected The old sheriffs, whose task it was to collect 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 Julyto 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 declaringthe 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 Councilthe Faction said that the King's letter ought not to be obeyed, because Charles I had declared that the Royal Council cannotdisposeof the propertyofEnglishmen Thiswas as goodasclaiming thatthe decree in questionhad removed the cityfrom the powernot only of the Royal Council, but even of the King, and had established a Republic or a Democracy in the middle of the kingdom Otherssaid that that decree was irrelevant to the present issue, since the letter was notfrom the Privy Council, but from Charles himself, and had no other object than to see that everything was done accordingto ancient custom . The letter was read out, and a vote was taken North's election was ratified Box was also elected, but beinga peace-loving man , he paid a forfeit of £500 in order to avoid the trouble and vexation which he knew would be unavoidablein that office , so long as everything was in such a turbulent state Peter Rich, who had been a memberoftwo 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 peoplethose whom he could trust best The slowmethods which he had formerly advocated he now condemned He pressed for sudden violence, saying both byword 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 Frenchflag; for he saw that at the sight ofit the populace would start a tumult and that once excited and armed, it could easilybe turned againstthe 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 , but the Scots said that none oftheir 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 readywill andtheir persons, butnomoney. Sothey askedfor £30,000 to be given them at once . The English said that such a sum could not be made availableat short notice, and finallyagreed upon £10,000 Immediately the city was divided into twentyregions and each region was entrustedto reliablemen, whowere to levy men suitableformilitary 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 simultaneouslyboth within and without, so as to divide the King'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 expensesofwhich each contributed £1 . Each person was given a card, and no one was to be admitted to the gatheringwithout one But Charles forbadethe 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 dilatorinessof their plans, saying that as usual the Englishwere talking a great deal and doing nothing, while they, the Scots, preferredaction 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 hardlyavoid mistakes , which there would be no way andno 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 thatnone were readyto take up arms, andthe people ofLondon had been stirred up a numberoftimes and promptly checked by the vigilantMayor 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 bewailingin tragic style the peril threateninginnocent men, as he called them, without thereby inducing others to fly headlong to arms , he exhorted the rest of the conspirators to make haste ,

prophesying to them that if they did not overwhelmthe 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 strongerobligation to defend him

The Dutch might make it a boast that so great a man shouldhave sought their protection andput himselfunder 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 uponthat 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 whopreviouslyhad boasted that the wholekingdom 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 whateverthe subjectunderdiscussion, he used to close hisspeechwiththe 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 Theywere a burdento him onaccount of the moneyhe had necessarily to spend upon them , and still moreso 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 sicknesseswhich age had brought was added grief over the present situation and despair of any improvement in it, he breathedforth 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. It 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 behalfof 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 £100,000, 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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MONUMENT . 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 Faction 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 popishfaction 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 neighbouringPillar Erected Anno 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 ofthe Doric order The base is forty feet high, and twenty-one feet wide The diameter of the columnitself 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 themain streetand is decorated witha variety of emblems cleverlyconceived and skilfullyexecuted In the opposite side is a doorway Up the centre are steps madeof black marble leading from the bottom right to the top On one side is the following inscription in capital letters: (707) " In the year ofChrist 1666. TheSecond day ofSeptember, 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 likewiseplaces very remote, with incrediblenoise 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 , fourhundredStreets; Ofthe six andtwentyWards, it utterlydestroyed 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 Fortunesof the Citizens it was Merciless, but to their lives very favourable, that it might in all things resemble the last Conflagrationofthe World. The destruction was suddain , for in a small space of time, the same city was seen mostflourishing and reduced to nothing Three

ENGLISH PERSECUTION OF CATHOLICS

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 Heavenit stopt, andon everyside was extinguished. " (Trans takenfrom 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, commiseratingthe deplorablestate of things, whilst the Ruines were yet smoaking , provided for the Comfort of His Citizens, and Ornament of His City; Remitted 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 andregular; 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 equalheight, and these walls all of squared Stone, or Brick, andthat no man should delayBuilding, beyond the space of Seven years. Moreover, Care was taken by Law, to prevent all Suits about their Bounds ; Also Anniversary Prayers were enjoyned; and to perpetuate the Memory hereofto 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 Business of an Age. " (Trans taken from Chamberlayne ) (709) This is taken from a book published in English called Angliae Notitia: 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, whenthe eventswere still recent, and after strictand 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 willnot 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 appearthat 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 inscription and described as " the Papists' agent. " Robert Hubert was born at Rouen in France, the son of an adherent ofCalvin'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 Rouen , he embarked on a vesselbelonging to Laurence Peterson ,

ENGLISH PERSECUTION OF CATHOLICS

a Swede, which was bound for his native land At the time a fierce warwas in progress between the Englishon the one side and the French and Dutch onthe other, and the Englishfleet was at seaunderthe 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, andordered him to bethrust downbelowdeck Buthe escapedthrough a porthole and made his way unobserved into the city Therehewas seized upon bythe excited populace, which was suspicious abouteverything, 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 knewno 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 toRouen and changed his course not by his ownorthe captain'schoosing 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 widethe fire which had given him such delight while he was still in the ship. Thirdly, it shows that, even had Hubert really beenresponsible for the fire, his blame does not affect the Catholics, because they had never had anything to do with him; butinfact 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 hardlystand on hisfeet is pickedout 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

April in the year in which the Fire occurred, eight of their number suffered capital punishmentfor 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 scatterfireand 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 monarchyas well This information is contained in the London Gazettes which recorded their executionand were publishedimmediately after.

(713) However, theopinionof most people and ofthemorethought- ful is that the Fire came from God, who was punishing a proud and stubborn people for their seditions, their civil wars, and for a crime of parricidewhich was withoutprecedent for centuries Many circumstances contributed to the spreading ofthe 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 Germanyas 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 ofa baker, from his neglect of the coals withwhich he had heated his oven . The flames were driven by a strong wind from the west towardsthe east end in the direction of the Tower (as London'scitadel is called); then, as the wind veered from east to west, thefirewas driven backandraged as far as the Temple , after devastatingthe otherplaces recorded in the inscription on the Monument Finally, He Who by His just judgment had allowed the Fire, andWho has setbounds tothe heavingwaves of the sea, set bounds also to the fire's furious frenzy, and halted the greedy conflagration.

(715) Regardless ofhis own safetyin 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 hatredof the Catholics even to distant generations. But in vain, for the lying inscription was effaced by public authority , andabundant care was taken to secure the Catholics' good reputeboth 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 beforethe 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,

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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 ofthenorth, the Emperors ofFezand 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 toestablishcommercialrelations 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 advantageof 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 consequenceof 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 remarkablespell 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 monarchyand 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 weaknessor call it negligenceso 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 thoughtouta methodof 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 known 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"; tomakeawaywiththe Kingwas to" enterintopossession. "

(723) They had ready three types of weapons: (1) very small guns, commonly called 'pistolettes, ' such as horsemen hangfrom 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 quills, of the second goose quills, and of the third swan quills. Gunpowderand shot they called ink and sand Whenthey wantedto say that somebody was equipped with arms, they said he had pens and ink ready.

(724) They called Charles the Black-Bird and Yorkthe Gold-Finch on account of the different colours of their hair When they were discussing how to lay an ambush forthem, 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 swarmingwith suspicious circumstances, he alone never brought himself to feel afraid or suspicious. This consideration gives us additional reason for attributingthe glory of having saved him and his kingdom notto 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 ofthe Association(aboutwhich see above) and entrusted supreme power to a few persons chosen from their number: everything was then done accordingto the orders of these men. At the outset they were Monmouth, Essex, Grey, Russell, Howard of Escrick, Algernon Sydney and John Hamdenseven 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 questionarose, what to do after that ? Should Monmouth be raised to the throne or Richard Cromwell, the son of the arch-rebeland tyrant, who upon succeeding his father as Protector had madea 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 unanimouslydecided to marry York's maiden daughter, Anne, to one of the lowest gradeof 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 hungup in the Guildhall, in order to deterposterityfromimitatingthem 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 similarfate was decided on forBeaufort, Halifax and others ofthe King's servants, and in general forthe ministersofthe Protestant Church. Others proposed that the crime of having slain the King should be fastenedon the Catholics , and that when the populace had been stirred with horror at this, they shouldexterminate 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 governmentand 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 It was 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 bodyguardwere to be waiting for Charles. Heusually arrived therewith his horses tired, and so was more exposed to injury. Charles was in the habit of using that road, because it was straighter and thereforeshorter 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 ittwentymen could holdout fora longtime against fivehundred, 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 approachto block all progress with an overturned cart It was later discovered that assassins had beenreadyin the sameplace someyears before to await Charles on such a return journey, but he avoided them by going through a nearbyplantation for some reason unknown, althoughon otheroccasions , 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 Everybodyknewon whichdayCharles 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 ap- pointed 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 duetoreturn But suddenlythe 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 easilyhave made an end of him if he had had but six men . In London, when news came of thefire andof 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 royalbrothers 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 hostilityofthe Presbyterians was revealed to him: thus it appears that God , as it were,stretched out His handandwithdrew him fromthedanger 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 ambushfor 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 remainedunchanged. However, their effortswere futile, because"when God is with us , whois againstus? Against Whom there is no wisdom, nor prudence, nor counsel "

(731) A RIDICULOUS INFORMER . At this time there arrived in Englandamanwhofalselydeclared himselfa 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) butto refute them, provided he were given the encouragement of some

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considerable reward Oates It ran thus: He sent a letter to Charles , signed Neophyte (732) " NeophyteOates 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 meddlein this business , I desire your Majesty will rewardme 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 Catholicfamily, 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 betrayeditsrealauthor. So he too was put in prison ; butheescaped the punishment due to disturbers of the public peace, through the influence of his relationswho enjoyedCharles's favour; and he himself helped to win that favour by volunteering information against his accomplices His punishmentwas commutedto perpetualbanishment. (735) ERECTION OF A STATUE TO CHARLES I. 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 martyrin 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

It was restored and finally placed here in the year of our Lord (Translation) 1683

(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 excellentPrince; 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

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 recordof the city's perfidy should remain to be imitated by posterity. Further , they passed a decree recognizing in the Mayor and Aldermena rightof vetothat is, the right to render null and void any resolutionsmade by the Craftsmen's Guilds, even those passed unanimously Thus the city's limbs, whichhad been dislocated by the intriguesand violence ofthe Faction , were restored to theiroriginal positions, bound together withthe ligamentofconcord, and firmly attachedto their head, namely the King (738) LONDON LOSES PRIVILEGES . Charles might indeed have been placated by the citizens' present readiness to obey him , hadit not seemed better to kill their disobedience at its roots by depriving them even of the powerto disobey I have recorded that two yearsbefore 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 distinguishedof all was deprivedofits 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 impatienceof every restraint, to lay down the law for the Kingand the wholekingdom, 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 customaryway; 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 greaterand the better part, for the misdeeds of their predecessors hadcausedthem tofearmore 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 whenLondon 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 bolderspirits looked to their arms and thought of makinga 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 £500 to anyone who should apprehend any of them. Armstrong was broughtbackfrom Holland and HollowayfromAmerica,

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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 rashfolly of his youthand 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 promiseof 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 Presbyterianministers was innocent of complicity in the Plot. However, as the Faction wished to use the pardon granted toMonmouth 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 unjustlyas, 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 CONSPIRATORSARE PUNISHED The trial of the prisoners was begun at once, and unexceptionable witnesses were produced. Proofs of the Plot were brought to lightarms found in the houses of the guilty parties, troops made ready, sums of moneyetc.evidence such as to exclude all doubt about the Plot The prisonersconfessed most of thecrimes 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 peacebyexciting 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 he had been brought up amid civil disturbances and had supported Parliament in its struggle against monarchy; that 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 royal armies). In his study was found a book, written in his own hand, against the Monarchic Constitution In it he maintains that kings are appointed by the people and can be 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: This hand ever will be and ever was hostile to tyrants We do not need 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 hehad been allowedonly eleven days The King's procurator replied: " But you were not intending to allow the King that many hours to prepare himself for certain death"

(741) Both men were condemned to the penalty appointed for

seditious violence ; but Charles granted as a concession to theirfamilies 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 transferredto 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 companionin exile) confessedthat 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 armedman to slay one unarmed: he had decided to attack the King's bodyguard, while others , of less noble mind, perpetrated the womanishcrime 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 orderto 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 againsthim was false He had heard, he said, the most appalling things from the true Protestants, whom he called the wickedest of mankind. 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 astonishingaddition 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 onlyregret 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 variouscities 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 otherswere 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 widespread 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 that

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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 failureof 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 renderthanks to God for the discoveryof the Plot: for Charles feltthat the danger had been dispelled by God's goodnessalone 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 Princeseven non-Catholic onesalso did what human kindness required through their ambassadors. This shows whata great distinction the common opinion of the wholeworld drew between the Popish Plot and the Presbyterian Plot: there was nobody who sent congratulationson the discovery of the former, and nobody who did not do so on the discovery of the latterthe reason being, of course, that they believed the one purely imaginary and the other real The Most Christian King, as a markof favour to Charles , hisfriend, ally and kinsman , issued an edict orderingthe arrestofMonmouth, Grey, Armstrong and Ferguson, ifthey 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 propositionsall most objectionable to rulerstaken 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 doctrineswere 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 forfeitthe rightthey hadunto the government 4. The sovereignty of England is in the three estates , viz kings, lords, and commons The king has but a co-ordinatepower, and may be over-ruled by the other two 5. Birthright and proximity ofbloodgive no title to rule or government , andit is lawful to preclude the next heir from his right and successionto the crown . 6. It is lawful for subjects , withoutthe consent and against the commandof the supreme magistrate, to enter into leagues, covenants , and associations , for the defence of themselves and their religion 7. Self-preservation is the fundamental law of nature, and supersedes the obligation ofall others whensoever they stand in competition with it. 8. The doctrine

of the gospel concerning patient sufferingof injuries is not inconsistent with violent resisting of the higher powers in case of persecution for religion 9. There is noobligation upon Christians to passive obedience , when the prince commands any thing againstthe laws ofour 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 proclaimsit to be lawful and just; to pursue it is to comply with the will of God, because it is to followthe conductof 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 authorityisthisnatural right, whichis not given, but leftto thesupreme 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 defendinghimself against force, and cannot transfer that right to the commonwealth when he consents to that union whereby a commonwealthis made; and in case a great many men togetherhave already resisted the commonwealth , for which every one of them expectethdeath, they have libertyto join togetherto 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 offealty 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 obligeth 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 toChrist, the sole King and Head ofHis Church 21. It is not lawful for superiors to impose any thing in the worship ofGod that is not antecedentlynecessary. 22. The duty of not offending a weak brother is inconsistentwith all human authorityof 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 sworddevolves to the people; if the major part of the people refuse to exercise this power, then the ministers may excommunicatesuch 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 revelationsfor 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 ofa command; for what God hath commanded 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 Universitythat is , from all the Faculties togethera thing which elsewhere occurs rarely or neverat all EachFaculty has its own limits, which it does nothastily transgress, and withinwhichit is wholly occupied. " Letthephysicians 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 equalnumber of Ecclesiastics ; when a profession of Faithis to beformulated, 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, againthe laity are brought in, so that their religion may appropriately be called a lay religion, fashioned by laymen, promotedby laymenand 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 laymenhave for a scholastic censure, when they had learnt complete indifference to the dogmatic pronouncements of the Church? Why should they fearthe University's heat-lightning, when from these very sameDoctors 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 beginningof this year he wrote and publishedvarious 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 authoritycould 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 addictedto Calvin'sdoctrines, though these were unpopular with the Anglican Church. He was therefore accused, in a published book, of Calvinism, a charge which was hateful tothe Courtatthattime Morleybroughtan actionagainst its author for breaking the law de Scandalo Magnatum , and had him punished with the loss of a rich benefice and a fine of £300 .

(748) This year was rendered memorable by the revolt of Teckel in Hungary, by the defeatof the Turks who were beleaguering Vienna in Austria, by the deaths ofAnna Teresa, Queen ofAustria andFrance, 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

the evacuation of Tangier by the English after the destruction ofits fortifications, the blocking of its harbour and the transference ofits citizensto Europe; and finallybyan extraordinary spellof 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 withhuge dogs. Horses, carriages and carts went hither and thither as if on solid earthand this on a river that will take ships of any description. The destruction of fish was sogreat 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) CONTENTS 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 ofGodfrey. Two embassies to Rome The end of this history. (750) This new year was marked by striking and unexpected events , andseemed to portend greatalterationsfor a long time tocome 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 beginningof 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 Towerof London, and lay sick for a longtimeof 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 follows: I am allowed to hope that your Majesty will pardonthe 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 Iowe to truthand 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 ofGod, 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 ignorant and

W. Petre

Tower of London 1st January, 1684."

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 ofthatreligion, I do declare in all sincerityandtruth, that there is nothing which the Catholic Church detests with greater horror; it being a principle so expressly contrary to the commandmentof 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 sincerity 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 pardonthose who have laboured to make meappearas one of themselvesthat livingand dying I am, as bound , Your Majesty's most obedient and faithful subject, was

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 Steps were taken in earnest to get them released on bail. The judges were asked whetherit was permissible without Parliament's being consulted , and all replied with one voice thatit The guarantors(or sureties) for Danby were the DukesofSomerset and Albemarleand the Earls of Oxford and Chesterfield ; for Powis they were the Dukes ofNorfolkand Beaufort, and the EarlsofPembroke and Peterborough ; for Arundel the Earls of Dorset, Scarisdale , Bath and Clarendon ; for Bellasis the Earls of Ailesbury and Westmorland, Viscount Falconbridgeand Sir John Talbott; for Tyrone the Earls of Rosscommon , Mount Alexanderand Carlingford, and Baron Annesley. Tyroneclaimed that his case was quite differentfrom 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 ofthe prisoners was to paya fine of £10,000 , and each of their guarantors£5,000 They redeemed their own pledges and those of their guarantors in the following year, when Parliament was held by James II, who had succeededto 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 this 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 Kings, 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 appearingin 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 aboutit He added that he had information of greatimportance 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 tothe 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 worthyof Charles's attention, he should report it to the nearest magistrate The Privy Councilreplied to his petition that the Courts were open to him; he could bring a case againstLestrange if he hadviolated 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 muchready 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 period Hesaid tothe bailiffas hewentaway, thatifhe hadattempted such adeed threeyears earlierhe would not have escapedwithimpunity. 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 , butthe hearing was put off to 6thFebruaryof thefollowing year: then, since Charles died on that very day, there was ofnecessity a further postponement

(758) THE TRIAL OF HAMPDEN . MeanwhileJohn Hampden was brought to trial for having damaged the public interestsin a variety ofways. One witness accused him of treason, others of different crimes He was sentenced merelyto pay a heavy fine of £40,000 andto remain in prison until he had paid and given sureties that he would lead an

honest and peaceful life in the future Afterwards, in 1685, a charge oftreason was broughtagainst him, andseveral 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 punishmentusualforpublic enemies . Buthe wonJames's mercypartly by his voluntary admission of guilt, partly through the intercession of some persons at James's court, and partlybecauseit 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 bodyguardin an inn, they butcheredthem 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 impunityto 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 bythe deathof 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 himselfin the morning, Charles had an apoplecticstroke 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 wholelife withdeep sorrow He yearned for God with most tender affection, saying that the Lord had worked five miracles for his sakefirst, 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, thoughthe rebels had kept a keen watch to capture him, he had evaded their ambushes and escaped safe and sound to the Continent; thirdly, whenhehadrecovered his ancestral thronewithout bloodshed; fourthly, when he had avoidedthe traps frequently laid for him by the Presby- teriansand others whoshared their counsels; and fifthly, nowwhenhe was dying in peace and communionwith 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 exceptMonmouth. York, thinking that he had done this simply

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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 thirty- sixth 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 exhaustitself 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 strangeto think that he , who shrank from shedding the blood even ofthe guilty, shouldhave caused a whole riverof innocentblood toflow .

(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 ofruling was hisexcessive lenience and his indulgence towardstheguilty, for he was unwilling to wield the sword ofjustice, unless forced byabsolute 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 communionwith 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 It 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 Almightywould 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 Phancyor to interpret the Scripture by it ? I would have any man shew me, where the power of deciding mattersofFaithis givento everyparticular man. Christ lefthispower 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

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 tobe warrantedby Gods word. I do desire to knowwho 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 second 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 Argumentsagainst the other Sects , for fear they should beturned against themselves, and confuted by their own Arguments. The Churchof England(as 'tis called) wouldfain have it thought,thatthey are the Judges in matter Spiritual, and yet dare not say positively that there is no Appealfrom 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 Churchhere 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 wordswere not spoken Parabolically, or by way of Figure Christ was then ascending into his Glory, and lefthispower with his Church even to the End of the World We have had these hundredyears past, the sad effects ofdenyingto the Churchthat 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 Protestantsare not of the Churchof England, as 'tis the true Churchfrom which there can beno Appeal; but because the Disciplineof that Church is conformable at that present to their fancies, which as soon as it shall contradict or vary from, they are readyto embrace or joynwith the next Congregationof People, whose Disciplineand Worshipagreeswiththeir opinion atthat time; so thataccording to this Doctrine there is nootherChurch , 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 greatwork 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 toforgive 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 Churchin the Gospel, and St Paul explains so distinctlyafterwards, 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 CivilMagistrateplease, he may call such of the Clergy as hethinks 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 communionwith the RomanCatholic Churchis necessaryif oneis to obtainsalvation That these documents were written by Charles's own hand and discovered in his writing- desk, James , his successorin the royal dignity, has deigned to testify with his own signature. In order to place this truth still further beyond dispute, James showed the originals themselves to five Protestant pseudo-Bishops (to whomCharles's handwriting was very familiar), so that the truth should be evidentfirst 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 publishedby some anonymous ministerswho 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 alreadybeen 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.J., an old man then in retirement, who with deep emotion summoned up the Muses who had long been strangers to him: " Beneaththis 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 courageyour crowns mighty Gradivus, and yours too, Minerva. Lately you wore the lustre of a triple diadem , but the civic garlands better became your head. O how often did you rise above the perils of War and Death ! To heaven's

protection was your safety due Who can read Charles's history withouta tear ? Alas, as a boy you were bereft ofyour 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 dieexamples to be admired indeed, yet scarcely to be imitated You die, ah ! you who were moreworthy 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) JAMES 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; alloutwardly applauded him Summoningallthe Peersto 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 communionwithit) andwouldalwaystake care to defend and support it, becauseit had defended the monarchyin difficult times; he coveted no powerbeyondwhat was granted him by Law, whatevermight have been said to the contrary by certain people, who had wickedly calumniated him in this as in other matters, sayingthat he was a man for arbitrary power.

(770) Parliaments were summoned both in England and in Scotland While in both kingdomsall mindswere 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 byforcing an entrance with the sword; nor hadMonmouth muchhope, for he had enquiredofJames, either by letteror through friends , as to whether he would take it in good part ifhe should return, and James had repliedthat Monmouthwould suffer no harm if he remained outside English territory: at the same timehe warned him not to be so rash as to return So both Argyll and Monmouth, wearied byexile 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 armamentwithgreatsecrecy , sothatitshould be seen by Charles with his owneyesbefore anyrumour of it reached him

(771) ARGYLL IN SCOTLAND Each of the two made readya 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 meetingoppositiontook possessionof a strong-point which was fortified by nature but not by human skill He then sent letters to hisfriends and dependants inviting them to join him in arms against James Stuart (hedid not deem the King worthy ofanyothername), andholding out large promises to them He also sent about messengerscarrying flaming brands on their pikes according to the ancientcustomofthat 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, anambush 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 Englandand disembarked his small force (it consisted of 150 men) at a port called Lyme in the county ofDorset Afterwaiting a short while for his men to recover from their sea-sickness , hemarched inland In a paper which he printed he declares himselfthe trueKing and the legitimate offspring of Charles II, calls James an intruder , a tyrant, a Papist etc., offers a reward of £5,000 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 exterminatethe 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 byits vices, he was shut out of the greater towns by James's vigilance, and ranged through the smallerones, using up in a veryshort time money andsupplies which should have sufficed fora longcampaign For this reason he was compelled to fight a battle.

(774) His army numberedabout 8,000 men. Hehad placed Grey in commandof 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. Greywas captured on the following day disguised as a shepherd, and two dayslater Monmouth was discovered alone among brambles in the dress of a peasant, and was taken prisoner When he fell into the royalists' hands his firstwords were " Give me something to eat; Iamstarving. "

James decreed that thanks be rendered to Godas was but just, for by that victorythe whole kingdomwas pacified, whereas ifMonmouth 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 ofreligion; such is the general opinionofmost 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. Monmouthtried invaintoobtainpardonbya humbleconfession of his crimes , by feigning penitence, and by pretendingto embrace the Catholic religion He paid the penalty for his treason by the sixth blow of the executioner'saxe. At the place of executionhe admitted that he was born out of lawful wedlock He also stated that he had never been linked by the bond of marriageto Lady Monmouth, for he had never consented to marry her, although out of reverence for his father Charles, who so ordered, he had pretended inforo externo to have marriedher ; andso the two male childrenwhomshe hadbornhim were illegitimate. He had contracted a true marriage, he said, with Lady Wentworth, and he sent her somesmallgifts from the scaffold as tokens of his deathless love. About religion he said so little, that heseemsto have had no sense ofit at all. Holmes was taken to London, andwhen 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 revolutionarieshad decided to depose him too, when they had won victory. This proved what foolish counsels Monmouthhad followedin being seduced fromhis loyalty to two excellent kings, his father and his uncle, whenthrough 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 hislot he preferredto puthimselfinthe power ofmen fromwhom 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 Stafford's case (776) STAFFORD'S INNOCENCE IS RECOGNISED . was hearda second time in Parliament, andthe UpperChamber , which had passed sentence upon him, declared its own sentence null and void,

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andfully restored the honourof his sons and hiswholefamily, whohad 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 £50,000 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 ; forit was thought impossible that men would be found to give guarantees for such a sum . The non-Catholics strovewithall their might to save him from being charged with perjury. They said that the verdictsgivenin capital cases should be final and definitive ; no opportunity should be givenfor 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 It 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 ProtestantReligion: the good reputeof 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 the Reformation. They had formerly claimed that the Reformershad expelled Divine Faith; now they would claim that they had given up human trustworthiness. Howcouldthe ministers, who hadcommended Oates's words as oracles from heaven, look their congregations in the face if their oracles were now declared false ? The charge ofperjury should have been broughtearlier, in order to avert all the evilsto which thefalseoaths had given birth; nowit could have no effect, even though conclusivelyproved. 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 honestyof 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 men, 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 tothem ifthey " detained the truth in injustice " and overwhelmed the good repute of any man, even of a Papist, as it rose again afterbeing 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 enticementto 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 persistin error diabolic The Papistswere constantly asserting their innocence:

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 considerationwas 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 discussedfirst , had he been present at the Jesuits' Congregation held in London on 24th April 1678 ? And secondly, had he consulted with Ireland from the 8thtothe 12thofSeptember ofthesameyearaboutassassinating 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 ofthem was a minister of the Reformed Church They unanimouslydeposed 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 yearwiththeexceptionof onenight, whichhe spent atWatten. 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 allegationsfirst, 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 in one court to be subjected to examination a second time withoutany reflectionupon the previouscourt, and no law had declared the Papists incapableofgiving evidence Sothejury declared him guiltyofperjury.

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 notbe condemned withoutthe other He sharplyupbraided the jury and judges with being prejudicedagainsthim, and hedid not spare the magistratesnot even, on occasion, the very highestofthem . His defence was heard with universal indignation So the jury immediately gave the verdict in favour of the prosecution . It was welcomed with muchapplause 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 neckand hands

ENGLISH PERSECUTION OF CATHOLICS

in the pillory, andwitha paperover 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 Persecutionnot 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 himselfinto custodyandbrought a charge ofperjury 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 beheard he fled abroad secretly to the rebels' usual sanctuary. His absence did not cause a postponement of the trial AtitVernatti 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 , ifI 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 ofthe means of support, or by pangs of conscience, returned toEngland 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 thathe was guiltyofthe perjury withwhichhe 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 £500 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 afterwardsthat the Faction were so infuriated by his frankconfession of his perjury that ifhe 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 overwhelmedbeneath it (that He might raise them to heaven to receive the rewardspromised to those who sufferfor justice and truth), gradually revealed their innocence, proved it to the eyes of the whole

world, and manifested at the same time the utter wickedness ofthose private citizens and public office-holders who had raised up that storm and directed it againsttheir 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 bodyto its head, his dominions to the HolyApostolic See andto 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 characterand 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 ofAdrametum , whowas to take charge of the Church's affairs with Apostolicauthority Caryll was succeeded by Roger Palmer, Earl of Castlemaine, famous both for the books which he hadpublishedon behalfof religion andfor his sufferings in the late persecution He was appointed with the title of Extraordinary Ambassador, to make profession, in dueform , of canonicalobedience in the name of James and all his Catholicsubjects

(787) END OF THIS HISTORY This markedthe 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 workingsof His hand His enemies were cast down into the pitthey 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). ,,

[f. 3]

APPENDIX I

NOTES PREFIXED TO THE 'A' TEXT

(B.M. MS Harl 880)

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 Iidem in ipsam congregationem iterumferventissime urserunt; sed sinefructu: nam P. Provincialis, etvarii ipsi intimi Amici (P. Ant. Lucas) censuerunt expectandum donec historia illa ab aliquo Laico (Comite de Castlemaine vel Rogerio Lestrangio ) Anglice conscriberetur : atque deinde a quopiam e Societate Latine reddatur Hinc nihil illic conclusum . Reducemme Gandavo Redux et ipseP. CarolusPultonus 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 facultatibussuppeditarentur Utrumque in se suscepit et operam suam prolixe addixit. Monui insuper, efficiendum, ne onus regiminis 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 proprie 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 curam scribendae totius Hystoriae confictae conspirationis in Anglia, et caedis PP nostorum Serviet hic R.V. labor et gloriae 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 utilia erunt , quae habet Gul Parker ubi Gul Plessingtoni absolvit hystoriam +

3, aliorum scripta eo pertinentia: quae sive a me, sive ab aliis obtinuerat, 4, Suas ipsius observationes Et addixi me grati animi sensum data occasione testaturum.

5, Celleriae opus gallice editum.

6, Littera montensis prima Germanice edita, cum Appendice qua in Hollandos totius Tragoediae invidia derivatur a quodam Principe Germano . [f 3v.]

Eodem die 29 Julii Librum istum mihi quaesivi, in quo res describerem huc facientes Deus adsit, et Beata Virgo, 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 comitiisita 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 omniumvoluntaria collatitia pecunia solvendas. Hoc mihi et invidia plenum, et minus efficax futurum visum est, et praeterea hac ratione alio 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 Idipsum dixi P. Gulielmo Monfordo : qui promisit data opportunitate se eorum fore memorem Sed nihil ab iis factumiri certe credo Septem 11. 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 mihi 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 secundapollicentur Faxit Deus fidem praestent Eadem confirmat P. Ingle: litteris 10 Sept. datis, 27 acceptis

2 Oct. Leodio arcam accepi cum scriptis et typis vulgatis libris Hystoriam meam spectantibus.

21 Oct. finem libro lo imposui. Nov. 11. finem 2. libro impono

524 [f 4]

APPENDIX I

18 Nov. ad me perlatus Florus Bavaricus In cujus 2am partem effudit P. Stapletonus quidquid septennii labore congesserat.* Loci tamen plusquam satis(?) pro privilegio relictum .

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. Revd Sr

[Bound up with the 'A' text andfoliated as f 1 thereis thefollowingletter .]

Ormond house ye 21 of Ap [? 1689]

The Bearer hereof is owner of the Manuscript I left wth you may wth safety deliver to him you: wch

[Endorsed]

I am Yr Oblig'd humble Servt John Hartstonge. For The Revd Dr Tennison

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 laudeque 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 withgreat vigour at the Congregation itself, but withouteffect, 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 memberof 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.J.

Hartstonge was chaplain to the Duke of Ormond, and subsequently appointed Bishop of Ossory

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 materialsof the history and the necessary expenses were provided from some other sourcenamely, 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 mea task heavy enough in itselfwould not be made still heavier by the frequent removalof 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 writefrom Londonto FatherGeneral 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 diligence on my own account; you will do a thing extremelypleasing to me and the Society and to the English Province, to the glory of which the work willredound. 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 executionofour Fathers ... Your Reverence's work will, as I have said, serve the honour ofour 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 Liège (to whom I had assigned that task six years previously), to ask him to beso kind as to pass on to me whateverhe had readyfor the purpose I asked in particular for:

1 Short printed tracts relevant to the subject

2. The accounts writtenby Father William Parker, alias Culcheth, who was preparinga history. [At top ofpage: WhatW. Parker has will be useful for the Prefacenot yet writtenwhen 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 occasion offered. I promised to express my gratitude as

5. The Frenchedition 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 obtainedthis book, in which to write downthe material for my purpose May God assist me, and the Blessed Virgin, as also the HolyAngels who are Guardians ofthe Kingdomof England, and the Blessed Martyrs whom this savage persecution snatched from this world and transferredto heaven.

On 31st July I write to the General, informing him that I accept the task assigned me ofwritingthe History, and askinghim at thesame time not to make the burden of ruling the College, which is heavier than usualonaccount of necessaryrepairs , quite unbearable bychanges 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 Parliamentsof the

two Kingdoms that they have voluntarily granted him all that he 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 Atthe same time I said that in the days when I was Provincial I had had books publishedat my expense, whether they had been composed by myself or byothers . Ialso told this to FatherWilliam Monford, whopromised tobear itin mind at the propertime ButI 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 readyto be sent here. Headds that some belong to the Earl ofCastlemaine, 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 Liège 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 documentreprinted 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, includedthe proviso that he should not leave the country Now there is an identical provisoin the terms of Walsh's document Also, the date fits in with the approximate date from which we know Walsh was protectedand pensioned

Although Sergeant may still have his defenders to-day, there are few Catholichistorianswho would be disposed to defend the activities of the Irish Remonstrant clergy This document certainly indicates that there wasa group, albeit smaller , of English Catholic clergywith similar aspirations

[Bodleian : MS Tanner 290, f. 213]

In the handwriting of Peter Walsh Endorsed : " The contents of the Protection which PeterWalsh desires from His Majesty forhimself and hisfriends; and the forme .... " [about fourwordsboundinto the volume].

"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, MatthewDuff and several others ofthe Roman Catholick Ecclesiastics our Native Subiects * who subscribed a Remonstrance of indispensable Allegiance and obedience to Us in all temporal things and constantlyagainst many opposits defend and promote theloyal and Christiandoctrinthereofamongst all other Catholicks have therefore been continually molested and manifoldly persequuted these nine years past, but more especially andgrievously these two last years by others of their own Church, and as welby 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

* All italicized words are as in original

and withall so principled and for having been and beingstill so principled and so declared+ in theirloyalty 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 thefatal Controversies and Concussions ofthat Kingdome bythe Pope's NuncioRinuccini and His adherents, ifnot prevented by our special regard to protect them from their malicious persequutors and distinguish between them and others oftheir function and Church not so rightly principled or att all declared on the point as they, may att some little Farther +running+ neglect prove dangerous and remedyless.

" And whereas also Henry Palgrave, Lyonel Anderson, John Caen, Ignatius Young, and John Sergeant, Ecclesiasticks 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 insupportableand all other vile unworthy attempts hereafter from ill principled and ill affected persons oftheir own Church or Clergy thereof

" Therefore (and forthe 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 faithfull candour and hearty obedience, and that none of them may be any more wrought upon by any wickedarguments 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 tobe

" 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 specialpermission 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 everysuch whatsoever in force in this Kingdome or in any other of our Kingdoms or Dominions against Priests or other Recusants of the Roman Catholickreligion or profession be inordertothe sayd Peter Walsh and to all and every ofthe other above said or specified persons of the honest principle, wholly suspended +until+ our further Royal pleasure be knownin their special case or cases And lastly that all officers, civil and mili-

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 Valesianverbosity, was ratified as an official document in precisely the form in which we have it But the Privy Council Registers give amplecon- firmation that protection was operativefor Walsh, Palgrave, Anderson , Duffand Sergeant For, during the first outbreak of the Plot' scare , ' proclamations were issued in October 1678 for all Papists to leave London But the governmentwished to keep its protected' priests underadequate control and easilyaccessible 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 every one of them shall remain confined to their respective Habitationsand that they nor any of them do presume to departfromtheirsaid 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 departfrom the sameuntill his Majesty'spleasure 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 penaltyforreligion, 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 1678/9i.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 thereis very strong reason for believing that Sergeant, at least from about 1671 onwards , was under government protection If this was so, his departuresfrom 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, dated1700, 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 governmentprotective custody, could only have left the country with governmentconnivance of some sort His departure for the Continent in April 1679 , to return six monthslater in a blaze ofpublicitywith a Plot story, is ofa 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 andgranted, and a pardonissued, which was renewed at three-monthly intervals tillthe cessation ofthe 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

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, interestedhimselfin the questionof recusants and the OathofAllegiance That Henry Hydewas certainly wellacquainted with Peter Walshis evidentfrom a letter of Hyde to Ormondon 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 revealingthat 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 clergycould no longerstand 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 beginningof penal days. The accumulationof such factual evidence indicatesthat Sergeant's printed depositioncannot 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 1684and 1693. Major Haysays that " in 1707 he (Sergeant) was quarrelling withthe Chaptermen over some triflingquestion of organization." The note- and letter-book of Silvester Jenks (B.M. Add MS 29612) throws some interestinglight on Sergeant's activities in the eighteenthcentury, and shows him, up to the time ofhisdeath , as the leader of a factiousminority.

The particular quarrel to which I think Major Hay is referring began in 1705, and it was more than " a trifling question of organization" Sergeant was, in fact, trying to make his last bid forpower over the affairs of the Chapter Owing to infirmity, the Dean ofthe Chapterdesired 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 Chapterto preside ifthe 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 disputeitwith 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 Ist Instant The votes being read, and the Scrutiny ended, the Dean had 21 votes (besides his own) for a Subdean: 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 allthe brethrenof the Chapter, warningthemthat, unless Sergeant were restrained, they would have to suspend Capitular activities altogether: " 11 May 1706 To our Clergy Brethren.

" 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 BB" , who are well wishers to the Chapter.

APPENDIX III

" Mr J. S. has printed a book in 40 of 88 pages, call'd an Ap- peal, &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[alfe], 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 1706 Jenkswrote 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 thingswith a Goose-Quill, instead of a Ferula? In his Letter to me, Apr. 24 , he says, Youwill seebook upon book, writ to vindicate ourrights. Inanother, May 12 , I will write still on, book upon bookAnd 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 uneasyand unworthy, by the Canons of the Church, to sitamongus 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? Excuse the last words; they are verba magistri J. S.: and that's Apology enough" [f. 47v ].

APPENDIX IV

THE HATTON PAPERS AND THE POPISH PLOT

Selections from the Hatton papers in the British Museum have already been publishedfor 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'sletters will be found in the scripta of Langhorne in the Westminster Archives).

Charles Hatton visited Langhorneon 5 July 1679 , before the sentence of execution had been confirmed (Lord Hatton himself had prudently retired from London)-

"Iwas with our friend according to your desire. Ifind 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 anyprobable 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 Ifit was he would write to you, but I advised not but rather choseto leave with him a letter to you from myself to send should there be occasion . Ifyou receive any such with a postscriptthe postscript is added by his order and writ by his son . Iverilybelieve all his hopes is fromthe advice of thegentleman 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 Ifearwill not begranted" (B.M. Add MS 29572, f 122v )

It is clear that Langhornewas making every effort to save his life One reason for this is given in a letter from Charles Hatton of 15 July 1679. Langhorne'swife was a Protestant, and of a domineeringcharacter, and as his daughterwas still a minor, Langhornefearedthat 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 wasforthcoming, presumably because the government already knew all that 33 * Correspondence of the Family of Hatton, ed Sir E. M. Thompson, Camden Society, 1878

Langhorne had to tell them .

APPENDIX IV

At first sight Langhorne's action doesnot 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 ofany Treason intended against His Majesty, (the concealment ofwhich by me would be a Sin unto Damnation) I wouldwithout Difficulty discover the same, for the saving of my Soul, as well as of my Life, since I was ready to make the Discoveryof such Estates, the concealment of which could be no sin against God or the King " (p. 7)

But Foley (v, 59-60n) suggeststhatLanghorne'sdiscoverymay have been made with the consent of Fr. Whitbread, the Provincial, who was aware that Langhorne's information could add nothing to the information availablein the Province Archives, which had alreadybeen 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 declarationof innocence to be printed and as one whowished better to Mr Langhorne's partythan 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 (cf. Tierney's transcripts in Southwark Archives, MS 106, iii, 263) Presumably healsohad access to Fr. Whitbread and gained thenecessarypermission . 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 knewnothing 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 ityou. Thesubstanceofit 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 itwasthe same person who told him that Whitbreadassented 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 Lordshipwhich I was to deliver to which of you I saw first. I have delivered it

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

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 pleaseto entertain him as your servant which he would not do but 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 Richardif 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 ofage 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 ofCharles 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 whichhe wastried whichmakesit 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 Coll. 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'shabit and heard him called Father Tho Mr Bedlo had upon Oath

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

APPENDIX IV

before the Attorney General declared he knew him to be priest but it wasdenied to have ever madeany suchoath. 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

(1)

(2)

A HANDLIST OF THE EXTANT WORKS OF

FR . JOHN WARNER, S.J.

I. MANUSCRIPTS. *

Persecutionis Catholicorum Anglicanae et Conjurationis Presbiterianae Hystoria.

MS A (holographrough copy) in B.M. Harl . 880. In a difficult hand 88 ff. Size of page 317 x 208 mm Approx. 65 ll per page

MS. B (holographfair copy) in U.L.C. MS Gg iv, 3. In a fair hand. 93 ff. 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 Library- MS 932, f. 87

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

II.

(1)

Holograph.

PRINTED BOOKS

Books marked thus x are Warner's own copies.

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 scopus, et alia quaedam eius dogmata referuntur . Duaci, 1661. 4º.

Written under the name of Jonas Thamon.

ASCRIPTION : Sommervogel , following Southwell

COPY: Heythrop College

(2)

Die

Conclusiones ex universa theologica propugnandae In Collegio Anglicano Societatis Iesu Leodii Anno Domini M.DC.LXX . Praeside Rdo Patre Ioanne Warnero, Soc Iesu Theologiae Professore DefendetP. Rodolphus Frevillus, eiusdemSocietatisMense ... 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 ofthe libraries to which they belong.

Whatever is of value in the following list is attributableto a very large extent to the bibliographical notes of the late Fr. C. A. Newdigate, S.J. The lists of holdings are not necessarilyexhaustive.

( 3)

(4)

EXTANT WORKS OF FR. JOHN WARNER

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 thinksthis an error "John Williams" is non-existent.

COPIES: B.M.; Bodleian

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. In a Letter from a Catholick Gentleman to a Protestant Knight Printed in the Year 1673. Signed, p 33, " Mar. 17 , 1671. J.W." 4º pp 34

COPY: B.M.

(5)

(6)

Dr. Stillingfleet still against Dr. Stillingfleet: or the EXAMINATION of Dr. Stillingfleet against Dr. StillingfleetEXAMINED. By J. W. Printed in the Year MDCLXXV . 8º pp 279. The Preface reveals that the author wrote " Dr. Stillingfleet against Dr. Stillingfleet, " q.v. supra, no 3.

COPY: B.M.; Bodleian ; Stonyhurst

ANTI-HAMAN or an ANSWER to M. G. BURNET'SMistery of Iniquity Unvailed . Where in is shewed the Conformityof 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. And Reasons are given why Catholicks avoyde the communion of the Protestant Church. By W. E. Student in Divinity: with Leave of Superiors, 1678. 8º pp 323

A This contains a Letter to Mr. Cudworth, pp 335-345 bis second issue of the bookin 1679 is identicalwith 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 Cf. infra, title-page of 2nd edition (no 19)

COPIES: U.L.C.x; B.M.; Bodleian ; Archives Eng Prov. S.J.; 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.J.

COPIES: U.L.C.x; Beaumont; Downside . Brevint's book was published at Oxford in 1674.

(8) (9)

Lettre ESCRITE DE MONS a un amy a Paris Touchant la Conspiration d'Angleterre Qui se peut dire un Factum, pour les Catholiques Persecutês (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

SECONDELETTRE DE MONS a un amy a Paris du 20 d'Avril 1679. Ou Factum pour Hil, et Grine, deux Catholiques pendus en Angleterre 4° . pp. 16.

COPY: B.M.X

(10) Concerning the 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 movementsof the Rector of Liège indicate Warner's authorship

COPY: B.M.X

(11) HARANGUESDES CINQ PERES de la Compagnie de Jesus , Executés à Londres le 20/30 Juin 1679. Jtem Responseaux objections des Ministres contre ces Harangues. Jtem. Harangue de Monsieur l'Avocat Langhorne 4° pp 25.

ASCRIPTION : On p. 2 the author writes " comme dit ma lere Lettre de Mons " Cf. no 8 above.

COPIES: B.M.x; Stonyhurst.

(12) ANTI-FIMBRIAor ANANSWER to theANIMADVERSIONS 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 : Cf. 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 relatingto 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 ofthe English Papists. Permissu Superiorum 1680. 4° pp 32.

ASCRIPTION : Cf. Warner's MS History, Book III.

COPIES: B.M.x; ArchivesEng. Province S.J.; Heythrop College.

(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.

EXTANT WORKS OF FR JOHN WARNER

ASCRIPTION: Sommervogel , following supplement to Southwell; cf. also Warner, MS. History, Book III

COPIES: B.M.; Bodleian ; Gillow Library; Archives Eng Prov. S.J.

b . A Vindication of the Inglish Catholiks from the pretended Conspiracy against the Life et Goverment of His Sacred Maiesty Discovering the cheife lyes & contradictions contained in the Narrative of Titus Oates .... Permissu Superiorum M.DC.LXXX 4º. pp 62

COPY: Stonyhurst

The second edition, with some additions, including a Relation of some of Bedlow's pranks 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 CATHOLIKS from the pretended Conspiracy against the Life, and Government of HIS SACRED MAJESTY Discovering the cheiflyes & contradictions contained in the Narrative of TITUS OATES. The 2. Edition with some Additions: & an answer to two * Pamplets printed in defence of the Narrative Item a Relation of some of Bedlows pranks in Spain, and Oate's Letter concerning him .... Permissu Superiorum . M.DC.LXXXI 4º pp 94

Really the third edition, but the second edition of b.

COPIES: B.M.x; Archives Eng Prov S.J.

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 (cf. W. H. Hart, Index Expurgatorius (London, 1872), Item 275), as also were Henry Lee and Benjamin Calamy (cf. C.R.S., xxxiv, 300 sq.).

(15) LA HARANGUE de MONSEIGNEUR GUILLIAUME VICOMTE DESTAFFORD, sur le'schaffaut immediatement devans son execution le 8 Ianvier 1681, stilo novo. Item . Celle que le grand Senechal fit, en luy prononçant la sentence de Mort. 4º Pp. 28.

(16) a ASCRIPTION : Cf. Warner, MS. History, f 121

COPY: B.M.x

Duarum Epistolarum a Doctiss D. Georgio Morlaeo STD et Episcopo Wintoniensi ad Janum Ulitium datarum Revisio. Auctore N. N. M.DC.LXXXIII Superiorum Permissu 4º pp. 157

The first issue.

COPIES: B.M.x ; Bodleian ; Trin Coll , Dublin ; Sion College; Beaumont; Stonyhurst; Heythrop.

* 1.e . Phillips's book, and An Account of a Vindication .... 1681 , printed for James Vade

DVARVM EPISTOLARUM GEORGII MORLAEI S.T.D. et Episcopi WINTONENSISad IANVM VLITIVM Revisio. In qua de Orationibus pro Defunctis, Sanctorum Invocatione, Diis

Gentilium, & Idolatria agitur authore IOANNE WARNERO S.I. THEOLOGO. M.DC.LXXXIII . Superiorum Permissu . 4º pp 157

The second issue

Copy: Archives Eng Prov S.J.X

(17) A REVISION OF DOCTOR GEORGE MORLEI'S IUDGMENT in matters of RELIGIONor An answerto 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. To which is annext A TREATISE of PAGAN IDOLATRY. By L. W. Superiorum 1683. 4º . pp. 129 .

COPIES: As for (16) a Permissu

The This volumeis normally boundup with the previousitem. 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 Vindication 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.J. olim S.T. Professore Perm Super. M.DC.LXXXVI 4º pp 233.

COPIES: Bodleian; Sion College; WestminsterCathedralLibrary; Archives Eng Prov. S.J.; Stonyhurst

(19) A Defenceofthe DOCTRIN, and Holy Rites ofthe Roman Catholic Church from the Calumnies, and Cavils of Dr. BURNET'S Mystery of Iniquity Unveiled Wherein is shewed .... With a Postscript to Dr. R. Cudworth By J. 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-Hamamvid sup., no (6)

COPIES: Bodleian; Trin Coll , Dublin; Archives Eng. Prov 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 questionis our authororSirJohn Clare , Bart. , in religion also Fr. John Warner, S.J.

Anglorum

Judiciorum

Suppliciorum

WARNER'S TABLES OF CONTENTS

Londinum

Haeresum multitudo

Supplicatio Presbiterianorum

Unde orta in Catholicos odia

In aula quales : CarolusReginaPortsmuthiaDanbeius

Monmuthius qualis EboracensisLondinenses

Praetextus Persecutionis

Titus OatesEzrehel Tongus, quales

Thomas

Antwerpianus morbus

Epistolae Windesorianae

Oates coram consilio Regio auditus

Scrogius qualis

Ex Bello Hollandico querelae in Regem

Duplex in Parlamentofactio, aulicorumet patriotarum

Shaftesburius qualis

Regis declaratio pro libertate conscientiarum

Judicia de ea

Heresum multitudo

Supplicatio impia Haereticorum

Unde orta contra fidem studia

Titus Oates qualis

Tong qualis

Oatii Itinera

P. Th. Harcottus qualis

Componuntur Acta Conjurationis

Epistolae Windesorienses

Edm . B. Gothefridum

Scrogs

Odoardus

Persecutionis

Aulae

Shaftesburii

Ad

Arnoldi

Accusationes

AUTHORITIES CITED

In view of the exigencies of space, and of the scopeof 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-titlelist 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 Attempted 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.C. 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. I. 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. JOHN'S COLLEGE , CAMBRIDGE

MS N. 15

553

CONTEMPORARY BOOKS AND PAMPHLETS

An Account of a Vindication ... 1681 .

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 Narrativeof 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: Weekly 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 LovingSubjects ... 1681

-: Copies of Two Papers . .. 1686.

Cooper, Anthony Ashley, E. of Shaftesbury : The Paper which was seized in the E. of Shaftesbury's Closet . . . 1681 . : The Two Associations. . . 1681

Coriolanus : Scandalum Magnatum .. . Paris, 1679

Corker, James Maurus, O.S.B.: A Remonstrance of Piety and Innocence .. ... 1682 : Stafford's Memoirs : see also Oates, T. 1681

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 ... 1681 . Dryden , John : Absalom and Achitophel ... 1681 .: A Defence of the Papers ... 1686.

Elliot, Adam : A Modest Vindication ... 1683.

Gee, Edward: The Jesuits' Memorial for the Intended Reformation of England ... 1690.

554

AUTHORITIES CITED

Huddlesdon, John, O.S.B.: Short and Plain Way to the Faithand Church ... 1688.

Hyde, Edward, Ld Clarendon: Animadversions upon a Book intituled, Fanaticism . . . 1673.

The Informationsof John Sergeant and David Maurice, Gentlemen , relating tothePopish Plot ... Reported to the HouseofCommons , upon Saturday the 26th Day of March 1681.

James II: An Account of What his Majesty said at his First coming to Council ... 6 February 1684/5 .

Jenison, Robert : A Narrative of the Depositions of ... 1679 . : The Narrative of ... 1679 -: The Information of ... 1680 . Johnson, Francis, O.F.M. (vere Wall, John): Mr. Johnson's Speech ... (1679). ... 1687.

Johnson, Nathaniel: The Assurance of Abby Lands and the other Church Lands in England to the Possessors ..

Jones, Thomas: Elymas the Sorcerer ... 1682. Keynes, John, S.J.: Florus Anglo Bavaricus Liège, 1685.

Langhorne, Richard: An Account of the Deportment and Last Words of ... 1679 .: Mr. Langhorn's Memoires ... 1679. Lestrange, Sir Roger: A Brief History of the Times ... 1687-8 . - Dissenters' Sayings ... 1681 : A Further Discovery of the Plot ... 1680 : The Observator, in Dialogue . 1681 sq. -: A Short Answer to a Whole Litter of Libels . .. 1680.

A Letter from Amsterdam to a Friend in Paris .. . n.d., n.p. (by William Morgan, S.J.)

A Letter to Mr. S. a Romish Priest . 1672. Lewis, William: Information of ... 1680 . Luttrell, Narcissus: A Brief HistoricalRelation . . . Oxford, 1857. Maimbourg, Louis (olim S.J.): Histoire de la Ligue . . . 1683 (trans. J. Dryden, 1684).

Maurice, David: see Information. Morley, Bishop George: Several Treatises written upon Several Occasions ... 1683. (See also The Revision Revised )

Nevile, Henry: Plato Redivivus . . . 1681. Oates, Titus : Articles of High Misdemeanour ... Against Sir William Scroggs ... 1679 . : The Answer of Sir William Scroggs, Kt .... 1679/80. : Oates's Manifesto ... 1683 (? by J. M. Corker, O.S.B.)

-: A True Narrative of the Horrid Plot ... 1679

P., E.: A Letter to Both Houses of Parliament on the Subject ofthe Present Proceedings . 1679

Palmer, Roger, Earl of Castlemaine: The Catholique Apology, with a Reply to the Answer ... 1674 . :The Compendium, or a Short View ofthe Late Trials ... 1679 : The Earl of Castlemaine's Manifesto . 1681

Parsons, Robert , S.J.: A Treatise tending to Mitigation ... (St. Omer) 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 ThreeRoyal 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.): Resolutionsofthe 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 of Winton . . . 1684. Savile, George, Marquis of Halifax: The Characterofa Trimmer ... 1682

Sergeant, John : Clypeus Septemplex ... Douay, 1677. (See also Information.)

Smith, John : The Narrative of Mr. John Smith of Walworth ... 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 : Blakloana Hæresis . . . 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 Condemnationof 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 William Marshallfor High Treason as Romish Priests ... Together

556

AUTHORITIES 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, for High Treason . 1681

The Tryal and Condemnationof Edward FitzharrisEsq asalsotheTryaland CondemnationofDr. OliverPlunket 1681

The Arraignment , Tryal and Condemnation of Stephen Colledge for High Treason ... 1681

A True Copy of the Journal Book ofthis Last Parliamentbegun 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 .

AUTHORITIES CITED

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 . 557 1922-7.

Holdsworth, W. S.: History of English Law. 9 vols Hughes, T., S.J.: History of the SocietyofJesus in North America . Text, 2 vols , 1907; Documents, Vol I, pts 1 & 2, 1908, 1910. Ingold, A. M. P.: Mémoires Domestiques pour servire à 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 , J. B.: The King's Journalist ... 1923 -: State Trials, The Need for a New and Revised Edition. 1930

North, Roger: Examen: or, an Enquiryintothe Credit and Veracity of a Pretended Complete History ... 1740.

The Lives of the Right Hon. Francis North, Baron Guilford; the Hon. Sir Dudley North; and the Hon. 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. 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

558

AUTHORITIES CITED

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; JulyDec 1683 ... 1913 sq.

Calendar of Treasury Books, 1685-89 4 vols Prepared by W. A. Shaw, Litt.D. 1923

Catalogue ofPrints and Drawings in the British Museum ,DivisionI, 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) FatherJohn 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, Fourthand Fifth), 1598-1654 , ed Edwin H. Burton and Thomas L. Williams. 1911 .

Vol 25: Dominicana , 1925 .

Vol. 30: Register oftheEnglish 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 Anglorum 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.

AUTHORITIES CITED 559

Foley, Henry, S.J.: Records of the English Province ofthe Society of Jesus, vols IV, V, and Collectanea. 1878 sq.

Gillow, Joseph: A Bibliographical DictionaryoftheEnglish Catholics from 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 HouseofLords , 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, J. 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 the EighteenthCentury, ed J. H. Pollen, S.J., and E. Burton. 1909. Lingard, John: Historyof England (2nd edition). 14 vols. 182330

Notes and Queries, 6th Series, 1880 sq.

Oliver, George : Collections Illustrating the History of the Catholic Religion 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: Athene Oxonienses (ed. Philip Bliss). 4 vols. 1813-20.

ARTICLES AND MONOGRAPHS

The Ancestor, Vols II and II: J. C. Cox, " The Household Books of Sir Miles Stapleton , Bart. "

The Downside Review, July, 1933: Dom Hugh Bowler, O.S.B., " The Hunter-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."

AUTHORITIES CITED

Vol XL, 1925: K. Feilingand F. R. Needham, " The Journals of Edmund Warcup, 1676-84 . "

Vol XLV, 1930 : J. H. Sacret, " The Restoration Government and Municipal Corporations."

Journal of Modern History, Vol I, 1929 : C. L. Grose , " Louis XIV's Financial Relations with Charles II and the English Parliament ' دو

The Lisbonian, Vol XVII, no 2XVIII, no 3: " Bishop Russell of Portallegre. " "

JulyDecember, 1949: " John Sergeantand the Popish Plot. "

The Month, Sept., 1903 : J. Gerard, S.J. , Minutes of the Congregation 24 and 26 April 1678."

April, 1912: J. G. Muddiman , " The Origin of the Oates Plot "

July, 1921: J. G. Muddiman , " NathanielThompson andthe 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 Edward Mico, S.J."

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 suchcases they refer to the pages of the Appendices .

734n

References to items which occur solely in the notes are indicated thus: But the reference to an item in the text does notexcludeits occurrence in the relevant footnotes

References to authorities cited in the footnoteshave 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

Anglia 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 ofthe 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.J. 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: programmeof 631-7, 660; remarks on 638-47

Aston of Tixall, 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 , CardinalFrancesco 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

Baum de Suze, Archbishop ofAuch 444

Baxter, Richard xv

Beaufort, Duke of 438, 520, 726, 752

Beckford, co Gloucs 454n

Beddingfield, Fr. Thomas, S.J.:

Windsor letters 107-8; characterand 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; againstWakeman 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 John: 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.J. 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; attitudeto 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

300 Nicholas, S.J. xvii, 293n , 299-

Bobbing, Kent 97

Bohemia 323

Bolron, Robert: witness against

Gascoigne 455-7; againstThwing 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.J. 170-1

Brudenell, Baron 109, 126 , 440

Bruning, Fr. Placid, O.S.B. 194

Brussels 291, 328, 426, 430, 517 , 607, p 527

Brydges, James, Lord Chandos 451n

Buchanan , George 745

Buckingham, George Villiers, 2nd

Duke of 584

Bully, John 330n ., 679n

Bulstrode, Sir Richard 183n .

Bunyan, John xv

Burnet, Gilbert, Bp ofSalisbury xvi

Bury St. Edmunds 141

Busby, Fr. George, S.J. x n, 667

Butler, James, 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, John p. 528

Caius College , Cambridge , Oates at 97n

Calamy, Benjamin p. 540

Calatayud, Fr. Manuelo de, S.J. 115

Calendar, English 37

Calvin, John 16-9, 23, 80, 101 , 1556, 210n , 282, 422, 431, 453, 649, 747; see also Calvinism and Presby- terians

Calvinism 244 , 746-7

Cambray 293, 456

Cambridge University 97-8

INDEX

Camden , William 25, 37

Campbell,Archibald, Earl ofArgyle 664, 770-2

Campian, John; alias of Maurice, D., q.v.

Can, Sir Robert 485

Canterbury, Archbishop of 669, 687

Provost of 681

Cape Verde 213

Capel, Arthur, Earl of Essex: conspires against Charles 724, 739; commits suicide 741 ; also 602, 617

Cardiff 378, 380

Earl of 109

Care, Henry 448n

Carey, Fr. John, S.J. 125

Carlingford 619-20

Earl of 752

Carmelites 551

563

684; cleared of charges against 709 , 777-84; also 23, 98, 103, 118, 155 , 279, 282, 358, 386, 439, 461 , 549, 551, 607, 649, 748 , 750, 761 in Ireland: measures against 206-7; Talbot-Sergeant controversy 208-13 in Scotland: peacefulcondition of 205

Catiline 69n

Cavan, county of 619

Caverley, James p. 527

Cellier, Mrs. Elizabeth: character 432-3; and Dangerfield 435-8; trial 462-5; and Wm Lewis 483, 668; also xv, xvi, p. 522

Chaize, Père de la, S.J. 112, 135, 159, 184, 186, 210-1, 332, 334

Challoner, Bp Richard 286n

Carne, Fr. Charles (also Kerne) 416 Chamberlayne, Edward 325n , 707Carolina 697

Carre, William 454n

Carstairs, William 176-7

Cary, witness 239

Caryll, John 786

Fr. Peter , O.S.B.: letter of293 8; seizure and release 299-300

Castlemaine , Earl of; see Palmer, Roger

Catherine of Braganza: character 83; accused concerningPlot 196 , 280 , 407; legality of marriage to Charles 260-1; also 47, 50, 147, 163, 240 , 280 , 300, 329n., 409, 501, 517, 551, 607-8, 629, p 541

Catholic Peers; see Peers, Catholic Catholics, in England (see also Persecution) : general remarks 2-3, 785; Q. Elizabeth and 19 , 72, 648; loyal to Chas I 22; to Chas . II 22 , 45, 53, 137; and GunpowderPlot 22; Parlt and 44; vote for Anglican Bps. 45; Charles II and 47 , 58 , 80 , 224, 648; laws against 47, 57, 158, 197; held responsible for national disasters 53, 55, 488-9, 703-4, 70911 , 716-7; hostility to 72-6, 78-9; appealto Chas 80; attitudeof Chas . towards 90, 92, 149; accusations against 105 , 130-1, 263, 346, 436-7, 519, 483, 524, 668, 677-8; condition of, under persecution 124-6, 159, 219, 447 ; petition to ban all 139; hostilityto 131, 140-1, 465; measures against 158, 197, 281, 667; pamphlets in defence of 244-9; opinion in favour of 436, 518; in Lancashire 471, 590; houses marked 520; proposed deportation of 586; Association' and 631, 640; enquiry into property of

9 Chancellor, Lord; see Hyde, Ed , and Finch, Heneage

Chandos, Lord; see Brydges, James Chapter, English Secular Clergy x, xii, 45n., 194n., 195n., 213n., 330n , 786n . , pp 531-2

Charlemont 619

Charles I 20, 22, 46, 49, 69-70 , 98 , 105, 135, 157, 249, 251, 282 , 347 , 437, 517 , 529, 648, 654, 670, 695 , 735-6, 745, 760

Charles II: restoration of 43-4; religious policy 44, 51 , 58-68; attitude towards Catholics 47, 80, 90 , 92, 149, 152, 157-9, 181, 224 , 280 , 427, 613, 628, 639; Catholics loyal to 22, 45, 53, 137; character of 50, 82 , 761-2; and Parliament 56-8, 157-9, 262, 276, 484, 593, 613; and Windsor Letters 107-8; and Oates 112-5, 199 , 657-9; alleged attempts on life of 105, 184, 196, 224-5, 256, 274, 288 , 290, 352, 456, 460, 472, 525-6, 607 , 660, 665; and Rye House Plot 6967, 699, 721, 724-5; orders York abroad 257-9; proposals concerning Succession 277; pardons Dangerfield 463; and Presbyterians 648 , 650; commission concerning ecclesiastical benefices 669; orders deportation of priests 679; letter of Wm. Petre to 751; statue to 754; death 760, 779; profession of Catholicism 763-6; obituary by Fr. Cuffaud, S.J. 768; also xvii, 12, 54, 67-9, 72, 77, 81, 83-7, 89, 91, 98, 105, 111 , 125-7, 131-2, 134-5, 156, 163, 165, 167, 174, 178, 186-7, 191 , 195 , 197-8, 201-4, 208, 223, 240, 245, 249 , 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 England: and Presby- terians 439; and James II 769; also 60, 765; see also Anglican Church and Protestants, English

CivilWars 20, 46, 49, 57 , 69-70, 80, 105, 118, 151 , 171 , 209, 282, 291, 347,549,613,657,737

Clare, Fr. John, S.J. (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 Septemplex 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

Colledge, Stephen 101 , 630, 658-9 , 694, 742

College, English, Irish, Scots; see Rome Colombière, Bl Claude de la, S.J. 159n

Colonna, Principe 619

Combe, Herefordshire xvii

Commines 71

Commons, House of, see Parliament

Compton, Henry, Bp. ofLondon xvi

Coniers, Fr. George, S.J. 287, 534-5; see also Conyers

Constantinople 451

Constitution, English 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 of 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

Coppinger, Francis p 527

Cork 619

Corker, Fr. James Maurus, O.S.B. xvi, 295, 334n (trans ), 345n. , 406, 410, 454, 626n , 679n , pp 534-5

Corquelinus 191

Cortes 7n.

Cottington, Francis Baron 46

Council, Privy (in text Royal Council): and Oates 112-4 , 756-7; prison governor'spetition to 124 , 214 ; hears Wakeman 127; Prance 163, 784; Caryll, O.S.B. 299-300; Sergeant329; 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, 527,595,607,630,695,734

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 Tonge98; also 174, 517, 725, 727

Richard 725

Crouch, Nicholas 520n .

Cuffaud, Fr. Edward, S.J. xvii, 768

Culcheth, Fr. William, S.J. xvi, 214 , 366n

INDEX

Dalmatia 589

Danby, see Osborne

Dangerfield, Thomas : character 432-8; against six priests 454; against Castlemaine 460-1; against Mrs. Cellier 462-3

Darley, co Chester 454n

D'Avaux, M. 454n

Declaration ofIndulgence: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 Vindication of the English Catholics

Delamere , Lord 684n

Dennis , Fr. Bernard, O.P. 527n

Derby 692

Dethick 239

Digby, Sir Kenelm xii

Digby, lawyer 105

Dissenters, see Penal Laws

Dolben , Sir William 456n

Domestic Intelligenceix

Dominicans 551

Dorset, Earl of 752

Douai 363, 416

English College v, 454n , 471

St. Bonaventure's454n 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 Wakeman, Rumley and Marshall 407; against Corker 407, 455; against Stafford 524-7, 576, 585; against Colledge 658; also 162, 606, p 535n .

Dunblane, Bishop of 687

Duncannon 619

Dunkeld, Bishop of 687

Durham, Bishop of, see Crewe, N., and Morton, T. Durham College 98

Dutch, The 719; see also Netherlands

Dutch Wars 52, 55 , 67

Dyer, Andrew vi

Edinburgh 180, 195, 422, 690, 759, 771

Edward I 584

, Bishop of 687

Edward the Confessor 8

Edwards, Margaret 416

Elizabeth, Queen xiii, 19-20, 72, 416n , 648

Elliot, Adam 317 , 680-3

Ellis, John 618n

Bp Philip 78n Ely 656

English College, Rome ; see Rome

Escobar , Fr. 607

Essex, Lord ; see Capel, Arthur

Esterling, Sir Edward 378n

Evans, witness 239

, Fr. Philip, S.J.:trial and execution 378-84

Evelyn, John 8n

Everard, Edmund 266n

Evers , or Ewer 288 , 305

Exchange , Royal; see London

Faction , The (see also Presby- terians): 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 ofMonmouth: 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. John, 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.J.: 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

Jesuit 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 110, 346; character of 111 ; murdered 129 murder of 128 ; London reaction to 130, 519; as part of Popish Plot 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, John 745

Goring, Mr., M.P. 152n

Gough , Fr. Stephen, Cong. 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 William 265

Grey, Anchitell 667

Ford, Lord, ofWerke 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

Hæresis Blackloana 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.J. 121n

Hampden, John 724 , 739, 758

Harcourt, Fr. Thomas , S.J., Provincial (vere Whitbread): refuses to admit Oates to Society 102; foretells persecution 103; contracts plague 104; arrested by Oates 121 ; in solitary confinement 124; trial 28691; 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, John, 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

Hay, M. V. ix, xviii, p 530

Haydock, George 358n

Hayes 460n

Hebrides, The 771

Henrietta Maria, Queen 88n. , 347

Henry, Prince 135 II 688

III (of France) 392

IV 492, 517

IV (of France) 310, 392

VIII 16, 416n , 661

Hereford 416

Heresies 72

Hesketh, Fr. James, O.S.B. 295, 467, 469, 679n.

Heveningham, Mr. 480n

Hildesheim 457

Hill, Laurence viii, 237-41 , 243

History of the English Persecution (present work): intro. , passim ; plan of 4; aim of 39

Hobbes, Thomas 745

Hobson , Fr. George 417

Holbeck Hall, co Notts xvii

Holborn, see London

Holden, Dr. Henry xii, xiii, 454n

Holland, see Netherlands

Holloway, James 739

Holmes, Abraham 774-5

Holywell, Oxford 454n.

Hone, conspirator 742

Hooker, Sir William 701

Howard, Cardinal Philipxi, xii, xiv , 194n . , 274, 283n ., 584

Thomas Earl of Arundel 584

William , Baron Escrick 629-30,

724

Lady, of Escrick 329n

William , Viscount Stafford: imprisoned 139; trial 524-64; speech and execution 563-83; ancestry 584; rehabilitation 585, 776; also xv, xvi, 183n , 274, 416n , 459

Mr. 480n

Hubert, Robert 704, 710-1

Huddlesdon , Fr. John, O.S.B. 760n

Hudson , Sir Thomas 456n

Hungary 589, 748

Hunter, Fr. Anthony, S.J. xvii; trial and death 467-70, 755

Hyde, Anne, Duchess of York 46-7 , 123, 183, 690, 747n.

Edward, 1st Earl of Clarendon: character 46; and Jesuits 45; also 47, 98, 510

Henry, 2nd Earl of Clarendon 47 , 595, 752, p 530

Laurence, Earl of Rochester 47 India Company 719

Ingleby, Fr. Edward, S.J. 473 , PP . 523-4

Innocent XI, Pope 136, 461, 607

Ireland vii

Ireland, Fr. William, S.J.: imprisonment 121, 124 , 189; trial 224-5; speech and execution 227-30; character 232 ; also 234, 237 , 293, 352,354,357,779,781

Ireland, Remarks on the Trial of Mr. 291

Irish College, Rome 627

James I 10 , 20, 22, 135, 347

James II: character 89, 426, 431; and Windsor Letter 107-8; Jesuit consult at palace of 114; Faction against 165, 256-7, 631, 634, 640, 642, 647 , 696-7; and Oath of Allegiance 195; ordered abroad by Charles 258-9; attack on succession of 260-1, 278; returns to England 429 ; mission to Scotland 430 , 663; and Scots Protestants 430, 452, 663 , 687; restored to favour 452-3; accused of being a Catholic 466; Anglican bishops vote for 487; and Commons 486-7, 586-7, 595, 612; Shaftesbury against 500-3, 505-6; defended against Shaftesbury 516-7; and city of London 597, 603; supported by Charles 606, 612; picture defaced 677; return from Scotland 687; and Rye House Plot 724-5 , 739 , 742; shipwreck of 688-9; memberof Privy Council 753; succeeds Charles 759; embassy of, to Vatican 461, 786; also vi, vii, xvii, 6, 8 , 12 , 41 , 47, 55 , 85-7, 110-1 , 136n , 168, 195n ., 261-2, 291, 359, 414, 425, 427n , 436, 451, 454-5, 462-3, 480, 484, 488-9, 521-2, 551 , 610, 629, 667, 690, 692 , 701, 715, 721 , 731n , 748, 752, 757-8, 760, 766-7, 770-1, 773-5, 777 , 784

Jansenism x Jenison, John 350 , 357

Robert: accuses Fr. Ireland 234, 357; accuses Thos Jenison 3527; becomes informer 350 ; against Wakeman 406-7

Fr. Thomas , S.J.: imprisoned 123; reproves apostate brother 350, 352-7; death 358

Jenkins, Sir Leoline 454n , 739

Jenks , Fr. Sylvester213n , pp 531-2

Jenyns, Roger 460

Jesuits: Hyde proposes to ban45-7; hostility of non-Catholicsand Catholics towards 73, 125, 159, 190-1, 216 , 303; Oates and 99-102, 105-6; Pro-

568

INDEX

vincial Congregationin 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 111, 113, 163, 244, 326, 334,347,351,427,430,467,551 , 631, 683

General of; see Oliva and Noyelle

John, King 136, Don, of Austria 112-3, 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

Josiah 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.J. 194n , 608n ., p 524

Kilkenny 206

King of England: constitutional powers of 7 , 10 , 12-5; healing power of8; honour paid to 9; proclamations issued by 12

King's Lynn 251

Kinsale 619

Kirby, Christopher (or Kirkby) 108 , 110, 126, 346

Knock Fergus 619

Knox, Thomas 440, 442

John 442

Koningsmark, Count 678

Lacey, Fr. Richard, S.J. 284

Lambert, bellfounder 105n

Lambspring 454n, 456n , 457, 626n

Lancashire: Persecution in 471 , 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, 710-1; 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: character 32 , 36, 70, 93, 518, 670; great influence of 49; petitionfor 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: Clerkenwell 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; Savoy454n.; 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

Long Acre, see London

Longueville, 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

Lugar, John, see Lewgar

Lumley, Richard, 1st Earl of Scarbrough 126

Lumsden, Fr. Alexander 454

Luneburg, Dukes of 282

Lusher, Fr. Edward, S.J. 54

Luther, Martin 16 , 210n Lutherans 17 Lyme Regis 773

Lynch, James, Archbp of Tuam 115

Lyth, Matthew 362n

McCarty, Daniel 679n

Macclave , Fr., informer 619

Macmoyer, Friar, informer 619 .

Madrid 112, 115, 135, 247 , 527 , p. 527

Maidstone vii

Maimbourg, Louis (olim S.J.) 631

Malines p. 527

Mallet , Michael, M.P. 152n .

Mamorra 680, 682 569

Mansell, Col. Roderick 437, 617n , 684n

Mansfield, Henry 734n, James, Lord ChiefJustice454n.

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

Melho, 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.J. 173

Milton, John 745

Modestinus 137

Molyneux, Sir Vivian p 541

Monaghan, County of 619

Monford, Fr. William, S.J. p. 523

Monington, Lady 416

Monk, George, 1st Duke of Albermarle 43

Monmouth, Duke of, see Fitzroy Lady 775

town 387, 421, 661

-Montagu, Abbot Walter v, xii

Monteage , Mr. p 535

Monument, The, see London

Moore, John, Bp ofEly xviii

Sir John, Lord Mayor of London 671 , 677, 718, 725

Moranville, M. 152n .

Moravia 323

Morea 589

-Morgan, Fr. J. p 531

The Rev. Samuel 779n . Fr. William , S.J. 244

Morley, George, Bp of Winchester

747

Morocco 683, 719

Morris (also Maurice), David, informer x, 213n., 330, 606-8

Morton (town) 388

Morton, Thomas, Bp. of Durham

209

Moseley, George, see Massey

Mount Alexander, Hugh, 1st Earl of 752

Mountgarret , Richard, 3rd Viscount

206

Mowbray, Lawrence, informer 455, 472-3, 665

Mulys, Mr. 110n

Munson, seeAnderson, Lionel, O.P. Muscovites 719

Napper, Edmund 454n . (alias Russell), Fr. William 454n , 679n , p 535

Narrative, Oates's ; see Oates , Titus

Smith's; see Smith, John, informer

Needham , Dr. Richard 667n

Netherlands, The x, 52, 90, 132 , 152, 228, 328-9, 430, 484, 488, 586 , 616, 664, 675, 678, 699-700, 739 , 743, 770

Nevile, Henry 155n

Neville, Fr. Francis, S.J. 285

Newark 169

Newdigate, Fr. C. A., S.J. p 537

Newgate Prison, see London Newmarket 224, 687, 727-8

Newspapers: references to contemporary events in 124, 219, 691; censorship of 458

Nieremberg, Eusebius p 541

Nonconformists 21; see also Penal Laws

Norfolk, Duke of 584 , 752

Philip Cardinal of'; see Howard, North, Francis, 1st Baron Guilford viii n , 480-1, 521 , 680, 682

Sir Dudley 695

Roger 73n , 480n

Nottingham 169

Noyelle, Fr. Charles de, S.J. 691

Oakham 96

Oates, Titus : opinions 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, 110, 346-8; his evidence sole proofofthe Plot 106, 110, 126, 144; before Godfrey 110; beforePrivy Council 112-5, 408 ; before Parliament 135 , 266; accusations refuted 116, 136-8, 1467 , 245, 678; granted widepowers121, 124; rewarded 153; as witnessagainst 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. Petre751 , 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 sodomy442; in disfavour 659, 756-7; trial for perjury 777-82; also viii-xi, xvii, 94, 100, 108, 118, 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, 519, 535,545,547,606,639,666,672,684 , 709, 750, p 529 , p 535

parents of 95

Neophyte 731-4

Oaths of Allegianceand Supremacy: Fr. Warner and x-xiii, xvii; meeting ofChapterand 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 Lestrange, R. Ogle, Lady (née 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 . Orange, 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

Padua 182

Palgrave, Fr. Henry pp 528-9

Palmer, Roger, Earl of Castlemaine 438, 460 ; trial and acquittal 460-1; ambassador to Vatican 461, 786; also vii, xvi, 293n , 360n., pp 522-3

Fr. Raymund, O.P. 454n

Pamphlets, Anonymous 223, 263

Papillon, Thomas 695

" Papists in Masquerade" 439, 551, 726

Paris v, vii, 112-3, 116, 135, 170-1, 184-5, 194, 211, 247, 317, 414 , 526, 540, 548, 665

Faculty of Theology 190-1

Massacre 249, 524

St. Edmund's College (O.S.B. )

194

Parker (aliasCulcheth), Fr.William , S.J. p 522

Parliament, English: general observations 10-15; hostility to Catholics 45; against Charles 56, 67 , 152, 158 , 199-203 , 264-8, 276, 279, 586-8, 593, 596, 599, 613; hears Oates 135; verdict on Plot 139 , 142-7 ; and execution of priests 201; protect Oates 203, dissolved (24 Jan. '79) 204; meets again (6 March '79) 262; dissolved (summer '79) 278-9; hears Sergeant 330; petitions for new session 450, 597-8; sessions deferredby Charles 451; meets again (21 Oct. '80) 484; Charles's policy towards 593; against York 595; dissolved (18 Jan. '81) 598; meets at Oxford 601-2, 605-6; and citizens of London 603; discord between Lords and Commons 600, 609-11, 613; dissolved(28 March '81) 612-4; summoned by James II 770; hears Stafford's case 776; also 22, 43-4, 52, 80, 85, 91, 103, 105-6, 126 , 132, 134, 148, 153, 155, 157, 165, 169, 172, 186, 196, 198, 211-2, 219 , 223, 245, 256-7, 263, 277 , 282, 328 346-9,410,437,449,460,472,483, , 485-6,488,504,512,516-7,521 , 526-7, 564, 570, 594, 616, 639, 641, 644, 655-7, 708-10 , 740, 745 , 752, 773 House of Commons : hears Oates, Tongeand Bedlow266; charges against Catholic peers 274, 276; attack on succession 485, 487, 612; anti-Catholic policy 488-9, 586; and Stafford 524; against Charles 586-8, 593, 595-6, 600; hears Sergeantand Morris 607; quarrel with H. ofLords 600, 609-11 , 613; and publication of pamphlets 651; also 12, 80, 146 , 155 , 162, 196-7, 199, 245, 264-5, 267-8 ,

571

275, 278-9, 446, 483, 498, 505-7, 517, 530, 564, 570, 594, 606, 631 , 650

House of Lords: expulsion of Catholic peers 139 ; attempt bribery ofCatholicprisoners154; hearPrance 266; and Oates's Narrative 346; reject motion of Commons against York 487-9; and trial of Stafford 524; revoke Stafford's sentence 585, 776; discordwith Commons 600, 60911 , 613; also 12, 67, 196-7, 208, 245 , 267,269-70,275-6,332,481,506 , 517,535,564,570,593-4,596,638 650-1, 656-7

Scots : loyal to Charles and York 663-4; also 422, 770

Parris (or Parry), Fr. Charles 454 , 697n , p 535

Parsons (or Persons ), Fr. Robert, S.J. xv n , 654n , 745n.

' Patriots ' (or Country Party): opposed to Court party 57, 223; hostile to Catholics 57

Payne, Nevile xix

Peers, Catholic; see Plot, Popish

Pemberton, Sir Francis 456n

Pembroke, Philip, Earl of 752

Penal Laws against Dissenters: origins 648-9; abolished by Charles 61 , 66; reinforced 648

Penketh (alias Rivers), Fr. John, S.J. 471, 590

Penn, William xv

Pennington, Mrs. 590

Pepys, Samuel xv

Percy, Lady Elizabeth (later Lady Ogle), wife of Thos . Thynne 678

Perkins, Christopher, olim S.J. 190n

Peronne , Cardinal 190

Perrot, Dr. John 194n , p. 531

Persecution (see also Catholics; Jesuits): generalremarks 2-3, 41-2, 351; causes of (i) religious 72 , 75-6 (ii) fear for property 78 (iii) personal advantages84, 86, 88, 90-2; pretexts for 2, 94; first outbreak of 80, 121 ; citizens of London 93; violence of 123-4, 159; conditions of Catholics during 124-6, 159, 219, 447; in Ireland 206-7; apart from Plot 365-6; in Lancashire 471, 590

Persons , Fr. R., S.J.; see Parsons

Peterborough, Henry Mordaunt, 2nd Earl of 752

Peterson , Laurence 710

Petre, Fr. Edward, S.J. xix, 123 , 284n , 361n

Fr. Robert, S.J.: imprisoned 417; set free 481

William, 4th Baron 135, 139, 274, 293n ., 751

INDEX

Peyton , Sir Robert: arrest 438 ; acquitted 459

Pforzheimer, Carl H. 183n

Philip II of Spain 9, 416n.

IV of Spain 46

Phillips , John ix, p 540

Pickering, Bro Thomas , O.S.B .: imprisoned 121; trial 224-6; execution 235-6; also 237, 290, 410 , 626n .

Pierson, informer 454n.

Pilkington , Sir Thomas 701-2

Plague, The 52, 54, 104-5

Plat, Margaret 366, 374

Plato Redivivus 155-6

Plessick, Mary 472

Plessington, Fr. William: trial 3668; speech 368-76; and Oath of Allegiance 377; also 213n, p. 522

Plot, Gunpowder 22, 190

Popish (see also Oates, Titus): generalobservations3; origins of 98 , 105, 210-3; Oates, Tonge and Kirby 98, 126; Oates incapable of devising 98, 105, 333, 444 ; and Sir R. Barker 105; Oates's Narrative 105, 346 , 110; Godfrey informs York of 110; and Jesuits 105, 132, 135, 137-8 , 146 , 184, 224, 287, 332, 346; Windsor Letters and 107-9; Oates and Privy Council 112; Oates refuted 113-6, 136-8, 146-7, 288, 300, 346; Privy Council discuss 121 ; doubts concerning 125, 149, 316, 436; Court alarmed by 125; Catholic peers charged with 126, 139, 274 , 276, 459 ; Parliament informed of 132-3, 262; Parliament hear Oates 135; verdict of Parliament 139, 142-7; general alarm 140-1 ; public belief in 150-1; attemps to bribe prisoners 154; Queen accused of 196; York accused of 256; Shaftesbury and 444; also 99 , 105, 107-8

Presbyterian (Rye House Plot) : first suspicion of 436 ; Shaftesbury and 696; plans of conspirators 696-8, 725-6; English andScotsconspirators 696-8; code-language of 722-4 ; attempt at Rye House727-8, 730; discovery and punishment of conspirators 739-43; public rejoicing 744; also xvi, 74, 177, 180, 251 , 485, 503

Protestant; see Plot, Presbyterian, Rye House; see Plot, Presbyterian Plot, A Further Discovery of the (pamphlet by Lestrange) 253 Plot, A Full and Final Proof of the (pamphlet by E.C.') 325

Plunkett, Bl Oliver : imprisonment 207; trial 616-8; speech 619-24; execution 626; character 627-8; also 454n , 527n.

Plymouth, Charles Fitzcharles, 1st Earl of 86

Poland 4, 155, 654

Pollock, Sir John vi, xvii

Pont-à-Mousson, Jesuit seminary at 168

Pontoise v Poole, Sir James, Bart 170n ., 210n .

Poole Hall, Cheshire 170n

Portallegre 213

Portman, John 350n.; see also Smith, John, informer

Portman, William 350n

Portsmouth, Duchess ; see Kerouaille, Louise de Portugal 213, 289

Postgate , Fr. Nicholas 362

Powell, John 131

Power, Richard, Earl of Tyrone 752

Powis, Countess of: imprisoned 438; acquitted 459 ; also 731n

William Herbert, 1st Marquis of: accused 135, 274; imprisoned 139; release and rehabilitation 752

Powtrell , John 667n.

, William 667n.

Prance (alias Townsend), Charles 163n

Miles: witness againstCatholics 163; against Hill 239-40; against Waring 289; before Privy Council 163; before House of Lords 266; sentenced for perjury 783-4; also vi, xvii-xviii, p. 535n . Thomas 163n

Presbyterians (see also Faction and Plot, Presbyterian): general observations 18 , 21, 649; development 1921; Warner's use of term xv, 21, 23; and London riots 49 ; andDeclaration of Indulgence 58, 64, 66; hostility to Catholics 72-6, 461, 519; hostility to Anglicans 72; support for Durham College 98; befriended by Charles 151-2; in Privy Council 272; in Scotland 422; true Protestants' 649 , 694, 712, 773; pamphlets of 651; opposition to ideas of 652-7; also 39 , 43, 51, 77, 93, 118, 157 , 180, 253 , 279, 286, 346, 405, 422, 436-7, 447 , 450,648,730,750,760

Preston, Mark 146

Price, witness 388 Fr. Ignatius, S.J. 172

Pride, Col. Thomas 96

Priests: hiding places for 174; rewards for capture of 281; order for

INDEX

banishment of 679; see also Catholics, Jesuits, etc.

Primrose Hill, see London

Priscillianists 323

Pritchard , SirWilliam, Lord Mayor of London 725

Privy Council, see Council, Privy

Pro, Fr. Miguel, S.J. viii

Protestants, English (i.e. Anglicans): and Declaration of Indulgence 66; tolerant toward Catholics 77, 487 ; and Plot 151 ; and Presbyterians439 , 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

Queen, The; see Catherine of Braganza

Ramos , Fr. Domenico, S.J. 115

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 1

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 , 210n , 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 .

Rookwood , Ambrose 328n 573

Roper, William: imprisoned 126; released 459, 480

Roscommon , 4th Earl of 752

Rotterdam 675 Wentworth Dillon, 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

Sackvile, Mr. 152n

St. Andrea, Jesuit Seminaryat 385 , 672

St. Andrew's, Archbishop of 422 , 687

St. Edmund's Convent, O.S.B. 194

St. Germain, Fr., S.J. v

St. Germain's vii

St. Ghislain 152 Paris

St. John's College, Cambridge 97 p. 529

St. Omers 99-102, 112, 116 , 121 , 184, 211, 247, 293, 322, 540, 680, 779 - Jesuit Seminary at vi, 99, 116, 122, 125, 146, 161 , 168, 219-21 , 2323, 284, 287, 292-3, 358, 366, 461, 471, 479, p 522,

Bishopof; 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.J.: character 117; andCatholics126, 178 , 187 , 226, 291, 293, 412-3, 417-8; presides at trial of Staley 178;

INDEX

Coleman 187;Ireland 224; Harcourt 286-7, 291, 293;Wakeman 417-20; Kerne 416 ; Bromwich and Atkins417-20; before Parliament 201; attacks Oates 408; Dangerfield 463 ; accused by Oates 440-1; accused by Parliament 521-3, 596-7; relieved of office 523; also 238n , 240, 456, 461n ., 661

Scroope, Mr. 331n

Scutum Inexpugnabile Fidei, by Lominus ' (q.v.) 208 , 210

Sergeant , John: and Bishop Talbot 208-13; on the Continent 328; before Privy Council 329; before Commons 330, 606-8; under government pro- tection pp 527-30; later career of pp. 531-2; Fr. Warner and v , x-xiv , xvii-xviii; also 454n

Seymour, Sir Edward 264 , 521

Shaftesbury, Earl of; see Cooper

Sheldon , Mrs. Catherine 433n

Sheppard , conspirator 725

Shireburne, Fr. Joseph , O.S.B.194n

Short, Dr. Thomas 427n.

Shrewsbury, Earl of; see Talbot

Sidney, Algernon: and Rye House Plot 724; arrest 739; trial 740; execution 741; also xvi

Henry 329n .

Simmons, Thomas 325

Simons , James, released 480

Singleton, Fr. P. p 532

Skipwith, Mary, witness against Gavan 329n , 607

Smith, Francis ( Elephant ') 448n

, John (vere Portman, q.v.), informer: and Jenisonfamily 350; his Narrative 359; witness against Colledge 658; Stapleton 665; also xviii, 130, 357, 358n

Fr. N., imprisoned 123

Richard, Bp of Calcedon xiii

William , M.A. 96-7, 130, 240

Soho, see London

Somerset, Henry, Marquis of Worcester 595

Southwell, Sir Robert 109n

Spain 484, 586, 680

Sparta 654

Sprat, Bp. Thomas xvi, 724n

Stafford, Edward Viscount 584

William Viscount; see Howard, William

Stafford town 162, 361n , 363, 417 , 661 , 743

Staley, William (senior) 176 (junior): trial 176-8, 180; execution 179; burial 181 ; biography 182

Stapleton, Fr. Benedict, O.S.B.410

Sir Miles, Bart.; trial 472-3, 665-6

Fr. Thomas, S.J. xvi, 125 , 654n , pp 522-4

Starkey, Fr. Henry; trial 454,4. p. 535n

Stewart, Sir James 430n.

Stillingfleet , Bp Edward 525

Stockholm 710-1

Storey, Bl John xv n.

Strafford, ThomasWentworth, Earl of 517

Strand, see London

Strange, Fr. Richard, S.J. 99

Street, Sir Thomas 667n .

Stringer, witness 239

Stuart, James ; see James IIMary, daughter of James II 47

Supplication, pageant of 72-5

Sussex, Earl of 9

Sutherland , N., witness against Staley 176

Swallowfields, co Berks p 530

Talbot, Charles , Earl of Shrewsbury vii, 126

Gilbert, Earl of Shrewsbury

584

Bp Peter (see also 'Lominus'): dies in gaol 206-7; and Sergeant 208 , 210; supposed part in Plot 210-2; also v, xvii, xviii, 126n , 617n

Richard 206

Talbott, Sir John 752

Tangier 98, 484, 488, 586-7, 594 , 613, 678n ., 748

Tanner, Fr. Matthias, S.J. vi, 172

Tanner MSS (in Bodley) p 527

Tasborough, Richard 459

Taylor, The Rev. Dr. 115

Teckel 748

Tempest, Lady (née Gascoigne) 4723

Temple, The , see London

Tenison, Thomas, Archbp. ofCanterbury xviii, p. 524

Thanet, Earl of; see Tufton

Theobalds 177n

Thin, Thomas; see Thynne

Thomason Tracts 454n .

Thompson, Sir E. M. p 533

Nathaniel 180 , 694n

Thwing, Fr. John: trial and execution 472, 478 ; speech 473-9

Thynne, Thomas 131 , 678

Tichborne, Sir Henry, Bart 186 , 459

Tierney, Canon M. A. 45n

INDEX

Tixall 305 , 548

Tonge, Dr. Ezerel: character 98; originator of Plot 98, 105-6; and Oates 126; death of 101; author of Windsor Letters 109; before House of Commons 266; attack on Jesuit speeches 321-2; also x, xvii, 110, 167 , 211, 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: accusationsagainst 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.J.: trial and execution 286-7, 295-6; speech 305-8

Tyburn, see London

Tyrone, Earl of; see Power, Richard

Ulster 619-21

United Provinces, see Netherlands

Usk 387-8, 404n

Vade, James ix, p. 540

Valdensians 249

Valladolid 99, 112, 115, 146 , 161 , 527

Jesuit Seminary 161 , 168, 366 ,

384

Vavasour, Fr. William, S.J. (alias Gifford) 174n

Venice 4, 155, 323

Venner's Rising 151n .

575

Wakeman, Sir George viii 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

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 Liège 125n.; instructions concerning Oaths 193; Vice Provincial 218-21 , 284; Lettre de Mons 244, 246, 248; Anti-Fimbria 324; Vindication of the English Catholics 346; notes to 'A' text pp 522-6; bibliography pp 537-41; tables ofcontents to History pp. 54251; also 8n., 210n., 426n , 454n , 691n ., 731n , 745n , 747n . Fr. Sir John, Bart , S.J.; see Clare, Fr. John, S.J.

Warner, Robert v Watson, Dr. R. 747n Watten, Jesuit Seminaryat 99 , 116 , 122, 168, 222, 471, 667

Weld, Humphrey, M.P. 152n .

Welden , Mr. 110n.

Vernatti, Philiberto xvii, 240, 783 Wentworth, Lady 775 Vienna 748 West, conspirator 739

Villiers, George, 2nd Duke of West Grinstead 293n Buckingham 784

Vincent, innkeeper 239

Westminster, see London Westmorland, Earl of 752

Vindication of the English Catholics Weston, Sir Richard, Bart 521 346

Vizeu 213n. Wexford 619

Whigs 318n , 329n , 345n.; see also

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 , John 329n.

Wilkinson, Jane 454n

William III, Prince of Orange47

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

Wytham, C. p. 531

Yarmouth 687

Yaxley, T. p. 531

York, Duchess of; see Hyde, Anne James, Duke of; see JamesII York, city 359, 362, 472

Youghal 619

Young, Ignatius p 528

Zamorra 161 Zwingli 16

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

REPORTS

OF THE

FOR THE YEARS

JUNE 1 , 1950 , to MAY 31, 1953

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

NOTICES

sodisDICES O

Members are asked to call the attention of their friends to the Society and its work Transcripts of suitable documents , together with theloan 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 documentsrelating 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 subscriptionsthrough their bankerscan be supplied with a " Banker's Order, " on application to the Bursar , Rev. Joseph A. Callanan , St. Joseph's College, MarkCross , Crowborough , Sussex

It is requested that corrections in names or addresses be kindlynotified tothe Secretaryas soon as possible

The Catholic Record Society

FOUNDED JUNE 10th, 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. ès 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.J.

FR . LEO HICKS, S.J.

W. A. PANTIN , M.A., F.S.A.

E. E. REYNOLDS, J.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)

Hon Bursar and Secretary

REV . JOSEPH A. CALLANAN, M.A., St. Joseph's College , Mark Cross, Crowborough, Sussex

Hon Recorder

M. R. TRAPPES-LOMAX , SOMERSET HERALD

Hon. Legal Adviser

GEORGE BELLORD

Hon. Librarian

ANTONY FRANCIS ALLISON, B.A.

Bankers

MESSRS COUTTS & Co., 440, STRAND , W.C.2

Constitutions

1. NAME The name ofthe 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 ofthe following means so far as the same arecharitable namely

(a) The provision and preservationfor the use of studentsof 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 Secretaryfour 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. TheCouncilshall also have power to electmembers 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 majorityof 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 eligiblefor re-election Electedmembers 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 vacancyshall hold office for the period for which the person whose vacancy he fills would have held office.

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

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 AssistantLibrarian orany otherperson nominated by such body for the purpose.

8. SUBSCRIPTION . The annual subscriptionfor 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 subscriptionfor theyear 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 memberwishingto resign from the Societymust 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 anaddressshallnot be entitled to receive anynoticeofmeetings. An extraordinary general meeting may be called at any time by the Council. At least seven days notice stating the object ofthe meetingshall be givento all members who have supplied the Secretarywith anaddress in the United Kingdom Voting at any general meeting of the Societyshall 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 memberof the Society or by a professional accountantappointedby 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 solelyto the object of the Societyand 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 remunerationfor 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 issuedVolumes 45 and 46 (Nicholas Harpsfield's VisitationReturns , 1556-1558, edited by the Rev. Leonard E. Whatmore , M.A.) and Volume 47 (the Jesuit Father John Warner's Persecutionis Catholicorum Anglicana et Coniurationis Presbiteriance Hystoria, partI, edited by Professor T. A. Birrell of Nijmegen University, with an Englishtranslation 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 theLondonUniversity Catholic Chaplaincy, 13 Devonshire Place, W.1 The Hon Secretary-Bursar had reported at the Annual General Meeting held in 1950 that the rise in the costof 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 recognitionas a Charity. TheMeetingthen heard a paper read by Fr. GodfreyAnstruther, 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.1, on 11th 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 Circularsent to all membersannouncing the Special Meeting and also the increase in the annual subscription . The new Constitutions were sanctionedbythe Meeting

The Annual General Meeting for 1952 was held on 11th November at the Newman Association, 31 PortmanSquare, W.1. The Council accepted with regret the resignation of Dr. Gordon Albion fromthe office of Hon Secretary-Bursar, and theChairman moved a vote ofthanksto Dr. Albion for the elevenyears 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 ofthefollowing new membersFr 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. Feeny; 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 I. 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. Č O'Mahony, O.S.C.; The Rt. Hon. Sir Henry Slesser; Mr. M. Stephens; Mrs. P. R. Suffolk; The Very Rev. Čanon 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 deathsthe Hon. and Rev. E. R. Lindsay; W. D . Newton ; Stanislaus T. Eyre; Mrs. E. Eyston; The Rt. Rev. ArthurDoubleday, Bishop of Brentwood ; John Amriding, and CanonEdwardDaniellRequiescant inPace. Byaresolution 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 increaseof 20 May, 1953

Dr.

RECEIPTS

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.

£2,227/17/1 31% WarLoan @ cost £500 21% Consols @cost

Note. The value of the aboveinvestments at 31st May wasasunder-

£2,227/17/1 31% WarStock £500 21% Consols

,

, 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

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

31st May, 1952

1952 May 31

By Investments-

£2,227/17/1 31% WarLoan Stock, 1952 £500 21% ConsolidatedStock @ cost

Note The value of the above investments at 31st May was as under-

£2,227/17/1 3 % War Loan Stock,

1952 £500 21% ConsolidatedStock

,

31ST MAY , 1952 1952 May 31 EXPENDITURE. By Cost of printing Harpsfield Volume, Part II

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, Hon Auditor

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 to 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 thetime being ofthe said Society shall be a sufficient discharge for the same As witness my hand this day off .....

Signed by the Testator (or Testatrix) in our presence and by us in his/her presence and that of each other : 19

Name Address Occupation

Name Address

Occupation..

(Please place this Codicil where your Will is lodged )