STG UNIVERSITY OF CALIFORNIA AT LOS ANGELES A N ESSAY TOWARDS A NEW HISTORY OF THE Gun-Powder Treason. Wherein its realORidNE, Cause and Design, are candidly fet forth, with fome occafional Reflections on the Impropriety of Ecclesiastical Slander, feigned Plots, penal Laws, and other political Expedients for propagating Religion. In a LETTER to the Author of a Sermon, intituled, " The Spirit of Christianity and Po- pery compared, " preached before the Honour- able Houfe of Commons in St. /^u/raoVChurch, Dublin, on Thurfday the 5th of November, 1761. " If contentious Men can get Nothing againft their '* Brethren, they will Jurmife there is Something : And '* if they can find Nothing in their Aflions to judge, " they will judge their Hearts : If there be Nothing " above Board, they will think there may be Some- tc thing under Board; And from thinking there may be '* Something, they will think it is very likely there is " Something : And from likely there is, they will con- if elude there is ; furely fome Plot is working." Pacific Discourse, quoted by the Earl of Angtefey. (Memoirs, Pa. 304.) 9 82 6 <&" i& us*i c-> t> %&\ wi sOi x&t v0i %0\ itfi i0> v0i *n up* * idi **n^t*nffii^ LONDO N: Printed in t he YEAR, M,DCC,LXV, N. B. In the Note* (to Pa. 51) after the Word uneafy, there ought lo be a Break thus- ; there be- ing no immediate Connexion, in Burnet, between that Word and what follows in the Note; but a different Caufe of the King's Behaviour (viz. Fear,) is afligned in the intermediate Space. For Anfwer to which, fee Eflay, P. 19,20. This Miftakc, though merely accidental, is thus pointed out by the Author, to prevent any Sufpicion of Difingenuity, in his Quotations. 0)A ^INTRODUCTION cq r ^ H E Commemoration of great National 1 T Deliverance, by anniverfary Thankfgiv* -*- ings, is a Practice equally ufeful as it ^ is pious. That of deprecating great National k Guilt, by anniverfary Humiliations, is equally a g laudable and religious Duty. In either Cafe, the - Interpofition, or Forbearance of Providence is recognized : And in every Cafe, the Neceffity of Expiation for fuch Guilt is prefTed home ; the Means of avoiding it are pointed out. cc Among the wifer Nations of Antiquity, fuch ^Recognitions and Expiations were often folem- nized, and among none more frequently than ,the antient Jews, $he mo ft rebellious of all Na- tions. Thankfgivings and Expiations at flated Periods, entered into the Eflence of their religi- ous Obfervances : And thefe Acts of Piety pre- ferved them long, until they fell finally into a State of abfolute Reprobation. Among the Moderns, no Nations ftand more in Need of fuch Commemorations, than thofe cp of Britain and Ireland ; as none perhaps have % given greater Occafion to them. The Love of g civil Liberty has often hurried them into great a Excefles . 301318 CV ii 1 NT RO DU CT 10 N. Excefles : The Hatred of religious Violence, hurried them flill into greater. An Impatience derived from the Inequality, and a Refentment derived from the Iniquity, of Parties, adminis- tered Fuel to the Fires of Difcontent, even at a Time when all Parties were united by the fame Summary of religious Do&rines. When fuch Parties were once divided by various, and dif- cordant Modes of Faith, and when religious Perfecution was fuperadded to civil Oppreifi- on, then it was, that the charadreriftic Temper of thefe Wanders, has been fretted into a raging Diftemper : In the Phrenfy which feized on fome, we cannot wonder at their Ads of Evtravagance under it. They did by the Chriftian Religion the Reverfe of what Jhould be done, and what, in their Senfes, they would not have done. They made their own inflamed Pallions, the Interpre- ters of God's written Word ; and confulted or trufted to no other. They brought themfelves to believe, that A&ions which ,rrue Religion for- bids, under the fevercfl Penalties, received the Sanction of the Divine Approbation, under a Certainty of the great eft Rewards. The Ufe therefore of our anniverfary Recog- nitions and Expiations is evident ; and it was a Part of the Wifdom of Government to appoint particular Perfons (of the facred Order) to per- form the Funjftions of it. The Perfons fo ap- pointed have generally great Influence ; and when their Zeal is feconded by Knoivhdyc, and that INTR O D U CT 10 N. in that Knowledge by Charity, no Men do greater or more important Service. They contribute to quiet reftlefs Spirits, impioufly difcontented with their own Condition, and deriving their Difap- pointment, or Mifery, from the Severity of the Laws, or the fuppofed Iniquity of the Law-ma- kers : They labour to convince their Hearers, that it is their Duty to bear with legal Punifh- ments, b run ever unprovoked ; and that the feve- rtji often produce the bejl Effecl, by improving the Piety, becaufe they exercife the Patience, of Men. They inftrud the Sufferers, to turn Re- pining into Gratitude, if it fhould happen that the civil Magiftrate afforded a Protection, which the Laws themf elves deny ; or, if fuch Compaffion did not interpofe, to draw Confolations from the Merit of a State of Suffering, (often the moft falutary State that a Chriftian can fail into.) This is not all : Such Reverend Preachers do great Good, by laying open the Iniquity of pub- lic Rebellion, the Horrors of private ArTaffi nati- ons, the Infamy of religious Slander, and the Mifchiefs of mifguided Zeal. They at the fame Time explain the eiTential Duties of a rational Religion, and fhew the fatal Abufe of the beft, when over-run with the Aeeds of Superftition, or Blights of Enthufiafm. They particularly take bonefl and indifpenjible Care, not to charge on the common Faith of the People, the Iniqui- ties of drunken Bigots, or fpritual Madmen, who are of every Seel, and who fhould, on that Ac- count, be a Reproach to none. , a 2 Such iv INTRODUCTION. Such, then, is the great Ufe of anniverfary Commemorations of the Mercy of Providence, in the Prefervation of guilty Nations ; and fuch the Ufe of Deprecations to avert the Divine Ven- geance. The Track of Duty is marked out ; and if ever the Reverend Preacher fhould run devious of it, we would have great Reafon to fufpe<5t that he muft do it to ferve Purpofes devious of Chrijlianity it/elf. When the Road is Jlraight, and the Light ftrong, it is not hard to account for the Conduct of Men who quit both : Such Men are wilfully blind. But when, with Eyes open, they turn into Paths dark and crooked, their Motives are no longer a Myftery. Then will civil and religi- ous Calumny be fummoned up to pollute the fa- crcd Fountains of Truth : The Heart of Man will be preached into Bitternefs againjl Alan. Perfons inhabiting the fame City will be taught either to avoid one" another ; or, if Nature be too itrong for our little Partialities, and that Men of different Perfuafions, mud neceflarily meet ; they will be taught to meet as Enemies, and never part as Friends. Thus will an excellent In- itiation be perverted to the worfl of Purpofes, to the fpreading of Heats, and circulating of Ani- rr.ofities, thro' the Land.- The Pulpit will be- come the Trumpet, and the Preacher the Trum- peter, of Malevolence. The Guilt of a few Mifcreants will be fattened on the whole Party, wit!; INTRODUCTION. v with which fuch Mifcreants will chance to be con- nected. Every Source of Slander will be opened; confcious Untruths will be propagated without Remorfe or Mercy. Innocent Nations will be the Victims of ill-placed Credulity ; and they will be perfuaded to think themfelves in the greatefl Danger, amidft the greateft Security. If this mould happen to be the Cafe at any Time ; fuch anniverfary Solemnities, would be- come anniverfary Calamities, and the anniverfa- ry Preachers, anniverfary Confpirators. This is not a hard Expreflion : Such Men contribute to render private and innocent Perfons odious ; thev infufe a Spirit of Jealoufy and Miftrufl into civil Governors, beyond the Bounds of civil Prudence. They revive Prejudices, which are never revi- ved but to dejiroy, becaufe fuch Prejudices di- vide what ought to be united. Difunion is the Harveft of inch Preachers. Thro' its Means, they become Dictators of the Opinions, and Di- rectors of the Confciences of the Party they ef- poufe. By being thus Matters, they help to bring bold Men forward, and put Power into the Hands of Perfons, who obtain Strength from popular Prejudices, and who mud otherv/ife lye in the Obfcurity that weak Talents muft have retained them ; had not the Operation of thefe Prejudices alone, brought them into infamous Piflinction. The vi INTRODUCTION. The Cafe is ftillworfe, when Prejudices throw Power into able, but difhoneft Hands. Popular Rage, joined to popular Credulity, will grant e- very Thing to fuch Men. This Rage will be fermented, and this Credulity will be rendered boundlefs, by the moft effectual Means ever yet devifed ; that of the Pulpit. By that Medium, no Treachery of fuch great Men as are here fuppofed, will be detected, until the Ends of Treachery are obtained, that is, the Ruin of the Public for the Profperity of a few. The Truth of thefe general Obfervations could never be exemplified better, than by ad- verting to the Contrivance, Profecution, and Confequences of the Gun-powder Treafon, whereof fo fair an Account is given in the fol- lowing Sheets. The King, a crafty, not wife Man, promifed much, performed litde, to his Roman Catholic Subjects. He wanted to be diiengaged from his Promifes, and at the fame Time, juftified to the whole World, for any De- parture from them. His Mimfter undertook to extricate him. With good Grounds he confided in the impatient Temper of his Countrymen ; and hoped he could draw his Succefs from it. He was was not miftaken. The Punifhment of a Crime, which Nature had not made, and which the Nation once confidered as a Virtue, made En- glijb Catholics uneafy : They had Hopes given diem of a Mitigation of their Pain ; and the Difappointment operated varioufly. Among the Majori- INTRO DU CT 10 N. vii Majority, it repofed itfelf religioufly in Refigna- tion : In others it took a quite different Turn, The Refignation of their Brethren they miflook for Indifference or Timidity , and their own Spi- rit of Revenge, for Zeal towards a Religion whLh all Catholics believed to be condemned without a fair Tryal. In that Idea, they con- ceived any defperate Meafure laudable, to (hake off Laws which pronounced the Miniftration of that Religion high Treafon. One Extreme un- happily produced another ; and in the State of corrupt Nature thus it is. Sanguinary Laws, on the Score of the old Worfhip, inflicted a deep Wound, which was always open, and rankled daily in the Breafts of Numbers : This Wound was newly fretted by Difappointment, by De- fpair, and by the Contempt which gives more acute Pains than Oppreffion itfelf. All were grieved : A few only were enraged ; and that few were EngUJhmm. Upon fuch a Knot of de- fperate Men, it was proper, in political Prudence, to fatten : And the Minifter did not omit im- proving the Opportunity that opened to him. They plunged headlong into the Snare : A Snare laid by their own Madnefs for Confcience-Sake, in thzfirft Place, and by the co-operating Hand of a fkilful Workman, in the fecond. They pro- ceeded in the Work. They labored hard, and they labored deliberatly, to enfure their infernal Purpofe to blow up, in one Explofion, the rul- ing Monarch, together with the two Houfes of Parliament, on the firft Day of their Seflion. The viii INTR D UCT10N. The Minifler, however, who had the Manage- ment of the Machine* took Care that it fhould not play in their IVay, any longer than it was convenient that it mould play in his own. By one Touch of his magic Wand, this Machine crumbled to Pieces, and the Laborers were de- molished under the Ruins. He all along pretended Ignorance of the Plot, and acted but one ridiculous Part, that of giv- ing the fole Merit of the Difccvery to the King alone, whofe Sagacity foon explained the Con- tents of a Letter, which he, in his honeft Sim- plicity, could not, after many repeated Efforts, decypher. The Game, however, was well play'd ; and many Anecdotes of thofe Times prove abundantly, that the Minifler was not a Man to ftart at it, if his Matter wanted it in any Cafe, as he undoubtedly did in this before us. Thro' the feafonable Intervention of the Plot, the King was juftified to the Pope, and o- ther foreign Powers, for breaking his Engage- ments with a Party, whofe Zealots were wicked enough to plot the Deftru&ion of his Family, and. the whole Legiflature, at one defperate Blow. Never was the national Refentment fcrewed to a higher Pitch againfl Popery and Papifts, than on the Difcovery of this Gun-powder Con- fpiracy. Confidering the national Temper in in thefe Times, it mould naturally, in the firft Tran- INTRODUCTION. IX Transports have this Effect ; and it remains, (ftraogely indeed) a popular Topic of Abhor- rence to this Day. It raged to fuch a De- gree, that the King and Minifter found them- feives hard fet, to item the Torrent themfelves let loofe : For, in Fact, they wanted to let no more of it pour down, than anfwered the Pur- pofes of Acquittal from former Engagements - 9 as well as of withdrawing the Attention of the Public from other Objects, which the Court did not chufe mould be pryed into. In that Emba- raffment, the Monarch could hit upon no better Expedient, than a very unpopular one ; a Sort of apologetic Speech to both Houfes, exculpat- ing the Majority of Catholics, and the Catholic Religion itfelf, from any Participation of the Guilt This FinefTe, it is true, had partly its Effect, by placing his Moderation in a good Light with foreign Catholic Princes : But it gave great Difguft at home. This King paid dearly for his Tergiverfation, his low Arts, and trimming Policy. He was charged with favouring a perjured, idolatrous, and deteftible Set of dark AflalTins, who could be bound (according to the Preachers of the Times) by no moral or civil Obligation. He was moll certainly wronged by fuch a Charge ; and to calm the Spirit he raifed, he fet up an odious Perfecution againft the Roman Catholics in Ireland. We call that Periecution odious, be- caufe Facts prove abundantly, that it deferves no b better x INTRO DUCTIO JST. better Epithet. Odious as it was, it did the King no Service. He was (till denominated a Favourer of Popery, The Neceflity of developing Truths, which muit be ufeful to the Public, in Times fitted to receive them, obliges us to be thus explicit on our prefent Subject. James, in other Refpects, did Ireland more Service, than all his Predecef- fors in a Courfe of four hundred Years. He promulgated fome good Laws, introduced ufeful Arts, and eftablifhed an orderly civil Conftituti- on thro' the whole Ifland, which happily ope- rate to this Day. Had he reigned over King- doms unbroken by various theological Syftems ; and at the Head of a Confutation of Govern- ment, better afcertained than that of England on his Accefiion ; Hiftory would give him a dif- ferent Character, from that he now holds. It would reprefent him as a peaceable, and per- haps a wife Monarch. It would not confider him as a Genius, or a Hero. This King's Affairs (as we have already ob- ferved) required a Plot. The Minifter concerted, matured and defeated it. He was not of a Character to boggle at the Means, if the End was attainable. Grave Proteftant His- torians charge him with a Share in the Guilt of the Gun-powder Confpiracy, and if he had any, it was a principal one. It INT RODUCTIO N. xi It is indeed true, that it cannot be demon- ftrably proved upon him : How is it poflible ? He had the principal Proofs wholly in his own Hands. The only Perfon who could make him a Party, dyed, or was made to dye, in the Tower : No dire ft Light therefore can break in upon the Share he had, or could have, in the Plot. It is not in the Nature of the Thing. Here (as in other Cafes of Murder and Trea- fon) we mull be content with fome Jirong re- flex Lights, which, arifing from the Circumftan- ces of the Time, and Cbaracler of the Man, leave little Doubt of his acting the Part, which Hiftorians have afligned to him in this, as in fe- veral other crooked Tranfactions. Let it be, however, granted that we had the fulleft Conviction of the Minifter's Innocence. The whole Guilt would, in that Cafe, fall on a few au- dacious and youthful Defperadoes, ill inftru&ed (as appeared) in the Duties of their own Reli- gion, and repenting, upon better Information. " The Aceufation (fays * an excellent Wri- " ter) that this wicked Project was undertaken "in Confequence of the Principles of the Ca- b z u tholic * See a Traft intituled, " Confiderations on the penal " Laws againft Roman Catholics in England." London printed for R. and J. Dodfley in Pall-Mall, 1764. xti INTRODUCTION. " tholic Religion, is clearly refuted by the Be- u haviour of the Criminals themfelves : They " acknowledged the Heinoufnefs of their Crime,, " and the Juflice of their Punifhment, as re- u penting Malefactors ufually do. There ap- " peared Nothing in them of the facred Forti- ** tude of Martyrdom, or of the Spirit of Per- " fons, who fufFered for their Faith : But, what <( muft appear conclufive to impartial Perfons, " Nothing has ever been wrote to juftify thofe 11 really concerned in this horrid Plot, or even " to extenuate their Guilt, any otherwife than " that fome Catholic Writers have pretended u that the Plot was a Contrivance of the prime " Minifter, and Catejby, a Man of defperate " Fortune ; the Tool employed, who drew in " feven or eight Perfons, molt of them rafh un- " thinking young Men : That King James the " firft, called the fifth of November by the " Name of Cecil's Holiday ; that he reftored the " forfeited Eftates, to the Children or Families " of thofe who fufFered. But, however this dark " Affair may have been conducted, it is pretty tl clear, the King did not imagine, that any " Tenets of the Catholic Religion countenanced " fuch a black Confpiracy." In Truth, what happened in the Cafe of the Gun-powder Traitors, mould, after fober Reflexi- on, have produced the Judgment and Effect, v/hich it was far from producing. Their public Con- feflions at the Place of Execution, evince, be- yond INTRO DUCT 10 N.. xni yond Contradiction, (well-grounded Contradic- tion, I mean) that Perjury, Equivocation, and Anaflinations, to ferve any Caufe whatever, were no Principle of their Religion. It may may be afked, (becaufe the Cafe is truly lamentable) why the Judgment to be fra- med, and the Effect naturally flowing, from the Contrition and Sincerity of the Confpirators, mould not prevail ? The Anfwer is ready. Po- licy interefted in Error, will counteract tbofe Judgments, and prevent tbofe Effecls. Man, a ductile and flexible Being, is eafily led aftray . and when he is, the ftraight Road of Nature will be difagreable to him : He will follow his firft Guide, and none more than the Preacher, who is paid for guiding him, out of that Road- Statefmen, who want to divide, and govern by Divifion, ally with the Preacher ; and between them, the Mind of this fearful Being will be moulded to all the Purpofes that Ambition can obtain, from the united forces of Deception and Slander. Why the Deception mould be conti- nued, after all the Purpofes of Ambition are once ferved, is another Queftion ; but none at all, that the Public is immenfly injured by it. For a hundred and fixty Years pall, the Conduct of Englijh Catholics, has pleaded in vain for their Emancipation. In the general, they have given Proofs, (the ftrongeft Proofs) of a civil Obedience ; which, in the Courfe of fo long a Quarantine, mould intile them to feme Mitiga- xiv INTRODUCTION. Mitigation of civil Punijbment. Laws which, i rigoroufly executed, would foon extinguifli or extirpate the whole Race, are to this Day in Force.- Like the Sword of Damocles, they hang by a flender Thread, over the Heads of thefe unhappy Men, and this is the Thread which fome * Englishmen, in their great Humani- ty, would now have put between the Sheers ! After all our Experience ; after all our philofo- phical Refearches ; after all our political Emprove- ments ; thus it is ! Englijhmen, who for many Months paft, have been pouring forth their mighty Panics of a French Invafion, by exiled Jefuits-, call loudly for the Execution of the pe- nal Laws againft the Papifts, and for bringing Men under the Guilt of High Treafon ; for no other Crime than miniflring at the Altars, which their own Anceftors, have for many Ages, a- dorned with their Piety, and defended with their Zeal. Such is the Tendency of the mighty Apprehenfions of thefe Patriots ; and fuch their Appetite for a Reign of Perfecution, under a Monarch, who has declared from the Throne, that the Happinefs of all his Subje&s is the principal Object of his Government : Un- der a Monarch alfo, who retains the Clemency of his Royal Anceftors, as one of the moft fa- cred, * See the London Chronicle, and feveral other of the public Papers, publilhed in the Courfe of eighteen Months paft. INTRODUCTION. xv cred, of his other Hereditary Rights. Such (I fay) is the Feeling of fome modern Englijb- men for their diftrefied Fellow-fubjects ! They clamoroufly bellow for Perfecution (in the Land of Liberty) and Nothing is forgot in prefling for the Exercife of it, but the Ufe it can be of to the Public, at the prefent, or at any Time. - The Queftion then is obvious, (tho' it be fhame- ful to put it) Whether fuch Iniquifitors be wor- thy of the Name of Englijbmen ? Or, whether, fince they want a Sacrifice, they fhould hefitate much on the Alternative, of making away with the Victim, by Hanging and Quartering, or by the fpeedier Means of Gun-powder ? It is truly painful, to fay fo much, and ftill more fo, that lefs could not be well faid, to ex- plain the Intentions of fome Gentlemen, who fill the uncommiflioned Office of inftrudting the Public, in public Papers. Here we readily dif- mifs them, and beg Pardon of the learned Au- thor of the following Tract, for anticipating fo much, in an hiflorical Deduction, on what he has handled with fufficient Extent. His Purpofe is to unite and reconcile, not to inflame. He hath collected his Materials with great Judg- ment, and great Honefty : The Inferences he draws, and Reflexions he makes, are worthy of our clofeft Attention, becaufe they are of the mmoft Importance. The Whole is in the Spirit of his former Productions, calcu- lated to make Men wifer, and confequently more xvi INTRODUCTION. more ufeful, than they could, or can be, under the Dominion, or, more properly, the Slavery of Prejudices, equally deftru&ive of our Morals, as Chriftians, and of our common Interefts, as Men. The Writing of the Work before us, was owing to a Sermon preached in Dublin, on the Anniverfary of the Gun-powder Treafon. It was deemed proper to put that Affair in a clear Light, becaufe the Preacher has not done it. Through the greater Part of his Dif- courfe, his AiTertions and Reaforirgs are injuri- ous : For all AiTertions and Reafonings are fo, that are not true. They were injurious to the auguit Auditory he deceived, and highly fo, to the People he mifreprefented. He doth not call the Odium of that Plot on a few guilty Mifcre- ants alone : The whole Body of Catholics, who had no Share in the Guilt, are brought in guilty. And this he fhould not have done, unlefs he could prove, that the Roman Religion licenfed, and that its Votaries juftified, fuch Plots. Should it appear, on the other Hand, that the Roman Religion condemns, and that its Votaries deleft, all fuch Practices ; hath not the Reverend Preacher done great Injuftice to both t Hath he not borne falfe Witnefs again!!: his Neighbour ? And is he not bound to Reparation ? But this to his own Conference. - It ap- peared proper to publifh the following Tract at this INT R O DUCT 10 N. xvii this Time in particular, as fo many Rumours are induftrioufly fpread thro' every Quarter of the Kingdom, that the Roman Catholics of Ire- land are now meditating evil Defigns againft a Government, mild and beneficent, beyond mojt Examples of former Time. Never were any Rumours more groundlefs. Never were the Irijh Roman Catholics more fenfible of their civil Duty : Never more united in the Difcharge of it, than at the Prefent Time. How could it be otherwife, without fuperadding the blackeft Ingratitude to Infatuation and Treachery ? Is it not to the Royal Indulgence alone, not to the Laws, that they owe their Exiftence in this Country ? The Irijb Roman Catholics ought not to be called Rebellious, or rebellioufly inclined, be- caufe a Number of beggared Cottagers have rofe up in fome Parts of Munjler, and endeavoured, by violent Means, to gain fome Quarter from mercilefs Landlords, (and thofe moftly popifh Landlords too) who grind their Faces, and re- tain them at this Day, to the Wages of the lajl Century, though, in the prefent, the Value of Land is encreafed three fold to what it was then, and is raifed to double this Value again on the! miferable Cottager ! Can the Annals of Mankind, or the Hiftory of any other Age, or Country, afford a parallel Example? The Redrefs, however, of fuch a Cruely being de- manded in the moft lawlefs Manner, Govern- r ment xviii INTRO D UCT 10 N. ment muft anfwer fternly to fuch Demands ; and while Juftice overtakes thefe miferable Criminals, there can be no Excufe far the Caufe which pro- duced the Crime. Pity will follow fuch Wretch- es to the Grave, the Bed of their Repofe, and the Confumation of their Sorrows ! Living or dying, their mad Conduct, (for Oppreflion makes People mad) will never operate on a wife Government, to involve Men of Property, Men of common Senfe, or Men of found Principles, in their Guilt. The Time is advancing, and we truft it is not flow in its Progrefs, when cool and difpafli- onate Reflexion will take its Turn in all our Deliberations ; when clerical Mifreprefentations will be taken for what they are, and no more. When Ignorance of what Jhould be guarded againjl ; fhall give Way, to Knowledge of what ought to be purlued, what to be retained, and what rejected. Every State, no Doubt, has its civil Out-cafts : Thofe who profefs a Religi- on favorable to the civil Government, are not of the Number. The Proteftant Diffenters are not of the Number, though many of the laboring People of their Perfuafion have lately rofe up in Ulfter, and have been guilty of many unjuftifi- able Actions. The Roman Catholics are not of the Number, though the Cottagers of Munjler have affembled tumultuoufly, and were guilty of the moft violent Outrages. In a Word, no Party, (in this Land of growing Induftry and infant / INTRODUCTION. xix infant Arts,) fliould be fequeftered from the Rights of Subjects, fave only, fuch as profefs a Religion, which juflifies Plots, Rebellions, and Infurre&ions, againft this, "or any other civil Government, wherein they have not themfelves civil Power, or civil Aumority. If there be any Party among us, profefling fuch a deteflible Species of Worfhip, their Principles would juftify all the legal Reflraints and penal Laws, the Ro- man Catholics now groan under ; and many more mould, I think, be framed for accelerat- ing their fpeedier Extirpation. We not only advance all this, but contend for the Rectitude of it : If, however, Legiflative Wifdom, mould entertain a Jealoufy, of any Party of our Peo- ple, as to the Sincerity of their public Declarati- ons ; it will, upon cooler Reflexions, confider ; Whether all their legal Miferies are not intirely owing to Sincerity ? Whether, if their Church had tolerated the Violation of this Sincerity their Condition would not be much happier than it is ? Whether it be not eafy to detect fuch Men, by putting them to the Tejl of their civil Faith, as diclated by their Religion ? Whether alfo ; their Acceptance or Refufal of fuch a Teft as muft be fujficient for the Security of civil Go- vernment) be not the only Touchftone of their real Principles ? Whether, on the other Hand, it be not more reafonable to take their Principles from themfelves, than from any Creed framed for them by their Adverfaries, or by fome anniverfa- ry Preachers of our own enlightened Times ? c 2 Whether xx INTRODUCTION. Whether fuch Men do not confider the Creeds framed for them by Calumny or Ignorance, as abominable, deteftible and Antichriftian ? AnoT whether in Cafes which intereft them fo highly, they be not tbemf elves, the only proper vouchers of what they helieve, and what they rejeft ? Let us, for God's Sake, and our own, be no longer deceived, or draw Curtains between us and the Light which is glaring on us of all Sides. His Majefty's Roman Catholic Subjects of thefe Kingdoms are as ufeful Men as the Laws permit. It will not be faid, that they are as profitable ; but, certainly, they are as loyal, as his Popifh Subjects in Lower Saxony ; where no legal Reftraints tye up the Hands of Induftry, and where no penal Law* add Defpondency to Infecurity. Such they have approved themfelves iince the Acceflion of his illuftrious Houfe to the Throne of thefe Realms ; and the Time, we hope, is approaching, when this Truth will have its proper Weight ; and when the Wifdom which grants Security to well-afFefted Subjects, of every Religion, will not be confined to Ger- many alone. Why mould not this be the Cafe ? Why particularly mould it not be fo, in Lands which fubfift by ufeful Arts, and which never can flourifh as they might, without Security to the Artifls. It muft be the Cafe, when Men who have no Intereft feparate from that of the Public, are prepared to deteft, and equally rea- dy to reform Abufes ; and Reformation will come on the fafler, under the Conviction that of INTRODUCTION. xxi of all Abufes, none wound the Public mo r acuteley, than a Multiplicity of legal Punifti- ments inflicted in the wrong Place ; and this Conviction will operate the more effectually, if the Objects of fuch Punifhments mould be found confiderable by their Numbers, and re- tained to Occupations, which neceflarily, fuck the Blood of the Poor, depopulate the Land, and hang a dead Weight on public Profperity. Under the Eye of Legiflative Wifdom, the Induflry and Acquifitions of fuch Numbers can not be long licenfed, to prevail againft the public Interefl. ADV E R- A N ESSAY Towards a New HISTORY O F T H E Gun-powder Trealbn, &c. SIR, I HAVE fate down in good Humour, and perfect Chriftian Charity, to expoflu- late with you on certain PafTages in your Sermon on the aniverfary Thankf-giving for the happy Deliverance from the Gun-powder Plot ; which PafTages I find a Difficulty in reconciling with the profefTed Defign of the Sermon itfelf. Wherefore, you will be fo good to confider this Addrefs as proceeding, rather from the Love of Truth, and from a Defire of being informed, and informing others in thefe Matters, than from any Itch of Cavilling, contradicting, or even criticifmg B on 2 1 on thefe Paflages. For indeed, Sir, in endeavour- ing to dernonftrate, in that Sermon, that it is the indifpenfable Duty, and diftinctive Mark, of every true Chriflian to promote univerfdl Chari- ty, Peace and Benevolence, you have let fail fome Expreflions, which feem to me to have a Tendency to produce quite contrary Effects j and that, perhaps, not fo much from Partiality, or Malevolence, as from the Want of fufficient Information in the hiflorical Part of your Sub- ject ; which Want is far from being blameable, as there are no Hiftories extant (that I have feen) of this Confpirac\ ; but fuch as have been com- piled by the declared Enemies of that Church, fome of whofe Members were unhappily engaged in it ; and fuch, of Courfe, as, too probably, were written with a View to reprefent that Wickednefs as general, and characteriftic of their Religion, winch was only perlbnal, and peculiar to a few (a) nominal Profeuors of it. And (a) " This defperate Attempt feemed rather of a pri- " vate Kindred, or Acquaintance, than of any Religion ; " for (the Confpirators) iatejby, and Trejbam were Sifters " Children ; the two Grants Brothers, and the elder inter- " married with Winters Sifter ; the two Wrights a long " time Dependers on Catejby and their Sifter married to " Piercy. Fiux and Key, were but Serving-Men." Advo- cate for Confcience Liberty, p. 226. Printed about -the Year 1675. t 3 1 A n d in Truth, Sir, it is but too manifeft, that your Notions of this Treafon have been in- tirely formed on the partial and injurious Repre- fentation of it in thefe Hiftories : For, how elfe could you have auerted, that, among all the Rebellions and MaiTacres, that are commonly imputed to the Church of Rome, " there is not " a more flagrant Inftance of the defining Spi- " rit of that Church, than the dreadful Stroke " intended to be given, as on this Day ?" But can you ferioufly think, or hope to make others think, that the few mifcreant Papifis engaged in this Confpiracy are to be confidered as the Church of Rome ? or that that Church is anfwerable for their Villainy, becaufe, truly, they were, or (b) pretended to be, Members of it ? Give me Leave, Sir, to tell you that this manner of fta- ting Things is by no Means agreeable either to common Charity, or common Senfe. That none but a few mifcreant Papijls were indeed engaged B 2 in (b) " If thefe Confpirators were Papifts, they were not " fo long before : for true Priefts, and Catholics in England '* knew tbem not to be fuch, they being never frequenters " of Catholic Sacraments ; and none of them convi6ted t or " known Recufanti before, as our Courts witnefi." id. ib. this ihcws at leaft, that if they were Papifts, they were fo far from being zealoufly, or devoutly fuch, that they appear to have been even negligent of the common Durys, which their Religion enjoins. [ 4 3 in this Confpiracy, is already fufficiently known : And I (hall prefently (hew you, that even thefe few were enfnared and deluded thereto, by a wily and wicked Minifter, who mortally hated that whole Party, and made ufe of this infidious, and diabolical Method to deftroy it. O F the whole Number of thefe Confpirators, (which did not exceed thirteen) no more than five, or fix at mod, appear to have been (c) con- fcious of the horrid Defign againft the King and Parliament, (d) Digby and Rookivood, two of the mod confiderable among them, folemnly protefled that they were ignorant of it. Digby, in particular, declared with his laft Breath, that (e) " had he known it to be fo foul a Trea- il fon, (c) " A great Number of my Popim Subjects, fays " K. James, ( Works p. 291. ) had a confufed Notion, " and obfcure Knowledge that fomething was to be done *' in that Parliament for the Weal of the Church ; but, for " Secrecy's Sake, they were not to be acquainted with Par- * ticulars." (d) The famous Sir Kenelm Digby, his Son, was reftored to his Elate by K. James. Baile's Di&. f. 290. Vol. 2d. (e) Stow';; Chronicle, p. 881. In fome private Papers of this Digby's, written after his Imprifonment, and publilhed entfc by the Bilhop of Lincoln, he fays among other things [ 5 3 " Ton, he would not have concealed it, to have gained the World." And thofe few, who were privy to it, and undertook to' execute it, were Men of difiblute Manners, and (f) defperate For- tunes, who had nothing to lofe but their Lives ; of which they were probably weary , and who expected to be great Gainers by the Confuiion that was likely to enfue. Yet even they, at their Deaths, acknowledged (g) their Crime, and pubHckly expreffed their Repentance of it. Re- ligion, therefore, could not have been their Mo- tive. As for (b) Garnet, and two or three other Prieftr., things, " That he could do nothing but with Tears a(k " Pardon at God's Hands for all his Errors both in Actions " and Intentions in that Bufinefs. Did humbly befeech ' God that his Death might fatisfy for his Offence. And ** declared, as he hoped in God, that the Love of his " Eftate, and worldly Happinefs did not move him to ivijb ' for Life.'" Hift. of the Gun-powder Treafon. p. 245. (f) See K. James's Proclamation on this Occafion. (g) Hume, How, Stow, &c. ( b ) " Garnet declared that, having received Letters ' from Rome to prohibit all Infurre&ions intended by Ca- u tholics to perturb the State, he informed Catelhy of it, f* but Catefby refufed, and faid he would not take Notice " of the Pope's Pleafure by him." Bp. of Lincoln's Hift. of the Gun-powder Treafon. p. 188. Sir Edward Coke, in his Pleading againft Garnet, owns, that " about May 1605, " Garnet t 6 ] Priefts, who were hanged merely for concealing it, they declared at their (t) Execution, that they , in Cafe they did not op- " pofe, / bmt$ found re;>ifiered, and fo high as amounted to " a Toleration at leaft." OJk. Works, p. 432. " It is " certain, fays Robert/on, that, about this Time, 'James ' was at the utmoft Pains to gain the Friendship of Ro- " rpan-Catholic Princes, as a neceffary Precaution towards facilitating his Acceffion to the Englijb Throne. Lord *' FTstm, who was himfelf a Papifl, was entrufted with a ** Jecret Comm:J/ion to the Pope; The Archbifliop o(G/af^ow t " a Papilt, was very active with thofe of his own Religion. " *-. Sir James Lindfuy. made great Progrefs in gaining ' the Ene'ijb Papi(i?, to acknowledge his Majefty's Title : " Of all thefe Intrigues, F.liznheth received obfcure Hints " from feveral Quarters." Hiit. of Scotland, V. 2. p. 209. ( ) B. Burnet. See Append. ( ) Antony Wood, in his Athenae Oxon. mentions one Giffan}, a Roman-Catholic Bifhop, as fent by this Pope to K. Jumesy in Quality of Delegate for Spiritual Matters. [ ] the Year 1599, Hie (p) expoftulated with his Majefty on the aforefaid Letter ; of which flie had learned the Purport and Contents. And foon after his Acceflion to the Throne of En- gland, (q) " a Rumour was raifed by the Pu~ " ritans, that the King intended to grant a To- " leration to the Papifis * which caufed much Difcontent. And indeed the Englijh Catholics, confiding in his Majefty's former Promifes, did, in the Year (r) 1604, prefent a Petition for Re- drefs of fome of their Grievances ; wherein, after many warm Profeffions of Obedience and Fidelity, they gave unqueflionable Proofs of their Since- rity, " by undertaking for their Clergy, whofe " Loyalty was mod fufpe&ed, that they ihould " not only fwear Allegiance to his Majefty and " the State ; but aho that they mould give in *' ftifficient Sureties, one or more, who mould " ftand bound, Life for Life, for the Perfor- " mance of that Allegiance." (j) About the fame Time, but with greater Hopes of Redrefs, " no lefs than feven hundred and fifty Puritan " Clergymen figned a Petition to the King, and " many more ieerned willing to adhere to k." C a But (p) Saunders. K.James, p. 348. ($) Sir Peter Peft, Happy Future State of Eng. f. 325. ( r) Id. ib. Preface, ( s ) Hum#, &c. [ ia 3 But the Petitions of both Parties were equally unfuccefsful. Our Hiflorians, after (/) De Thou, generally attribute this Confpiracy to the RcientmeLt and Rage of the Paptfts, for the Rejection of their Pe- tition. Mr. Hume, (the Truth and Accuracy of whofe hiftorical Relations are not, I fear, always equal to their * Wit and Elegance) has not fcru- pled to () adopt this Miftake ; and, on that Prefumption, has reprefented this Treafon as ge- neral to their whole Party, after having firfr pro- nounced it, " a Fact as certain as it appears in- credible." You will, no doubt, Sir, allow that Mr. Hume, at the Diftance of near an hundred and fifty Years, could not pronounce this Matter, as he has ftated it, certain, from any other Evidence, but luch Circumftances and Reports as may have made it appear fo to him. But as I (hall prefently demonftrate, that there are, on the o- ther Hand, fuch Circumftances, and Reports, as make (/) Hift. Lib. 135. An. 1605. * Conceflum eft Retoribus Ementiri in Hiftoriis, ut ali- quid dicere poflint Argutius. Cic. in Bruto Cap. 1 1 . (j Reign of the Stuarts. V. |. p. 31. 34. [ 13 ] make fo general a Charge appear, not only in- credible, but falfe ; you will yourfelf be able to decide, which of thefe Appearances ought mod to be relyed on ; thofe of its Certainty, which he has produced; or thofe of its Falfehood, which I am going to produce. I n the Nature of Things, Sir, Caufes rauft be always proportioned to their Effects : But, by comparing the Atrocity of this Crime, and the then Difpofition of the Party accufed of it, with the Slightnefs of the Provocation afligned ; we (hall find that fuch Proportion is, in this Cafe, intirely (w) wanting. They muft have been ( iv ) Many, and miferabic are the Shifts of the adverfe Writers on this Subject, to find out a Caufe capable of pro- voking the Roman-Catholics of that Time to this horrible Undertaking. The Bp. of Lincoln, in the Preface to his Hiftory of this Plot, alledges for that Purpofe, over and above what has been mentioned, " a Proteftation made by " his Majefty on the 12th of February 1604, in the Star- " Chamber, which was publickly declared afterwards to " the Lord Chancellour, all the Judges, Bifhops, and " great Officers of the State, Viz. That he never intended " to give any Toleration to Popery : and that he would " i'pend the laft Drop of Blood in his Body before he would ** do it." But befides the manifeft Infufficiency of fuch Provocation, the Bifhop of Lincoln unhappily forgot, that, according to Faux's and Winter's Confeffions, quoted and avowed by himfelf, the Defign of blowing up the Parlia- ment- [ 14 3 been Monflers of Men, indeed, (and fuch the few real Confpirators were) that could have been moved, by any Caufe whatever, to deftroy, at one Blow, the King, the Royal Family, the Lords, and the Commons ; and to bury all (Friends and Foes) In one common Ruin. But it is quite out of Nature to fuppofe, that Refent- ment of the trifling Injury alledged could have induced a- whole People, among whom, doubt- lefs, were many honeft and fenfible Men, to re- folve coolly on fo mad, and fo horrible an Un- dertaking ; and (#) to " continue firm in that " Refolution for near a Year and a half, with- " out Compunction or Remorfe," notwithftand- ing they mud have forefeen, that the very Succefs of their Project would have probably " excited " the Populace, then unreftrained by any Au- " thority, to fatiate their Revenge by an uni- " verfal Maffacre of all the Catholics." A d d to this, Sir, that from James's Acceflion to the Englijb Throne, in 1603, to the 5th of Novemr- ment-houfe, was (as hereafter mentioned) previous, by many Months, to this Proteftation ; and had been refolved upon in the Beginning of Lent 1603 ; and even fome Time before the King's Arrival in England. See that Hiftorv, p. 49, 50. (x) Hume's Reign of the Stuarts. r 15 ] Novmbtr, 1605, no material ( v) Provocation had been given to the Papijis, either by the Court, or the Parliament. Hardly any new pe- nal Laws had been enacted ; nor do we find that the old were more rigoroufly executed, in any Refpedt, againft them, than they were again ft the Proteftant Recufants themfelves. On the Contrary, (z) " the King had made it appear, " on a thoufahd Occafions, that he was far from " being an Enemy to their Religion ; (a) and at " that very Jun&ure, had fufpended the Execu- " tion, (y) " Tis true K. James's Council, fufpe&ing that " he would be too favourable to Catholics, which they " judged from his Behaviour towards them in HctdJbutd, put " him upon ifTuing forth a fevere Proclamation for basifh- " ing all Jefuits, and feminary Priefts. But it afterwards '* appeared by his Speech in Parliament, in March 1604, " that he had no Defign to proceed to Extremities j or to u ufe the fame Rigor againft the Party, as had been ufed in the late Reign." DocPs Eccl. Hift. V. 2d. f. 326. (z) Rapins K. James. * In the Beginning of his (K. t( James's) Reign, he fet at Liberty all Jefuits and Priefts " that were imprifoned, &c. and as for other recufant Pa- *' pifts, &c. he freed tbem from all pecuniary Mulcts, im- " pofed upon them by the Law j honoured many of them " with Knighthood ; gave them free Accefs to his Court '* and Prefence ; beftowed equal Favours upon them with ** their Oppofites in Profeflion &c." God and the King, published by his Majefty's Command, p. 20. si. (a) Sir Peter Fell. Hap. &c. f. 14. * [ i6 ] " tion of former Laws againft tjiem ; had re- " mitted the Arrears of what they owed Queen " Elizabeth, for pecuniary Penalties ; nay, and " had given into their Hands what Money of " theirs, his Due, was left in the Exchequer." In his Speech, at the opening of the Seflion, in 1604, he mentioned them in fuch a Manner as fhewed his Intention to befpeak, not the Severi- ty, but the Lenity and Indulgence, of Parlia- ment towards them. He told that Parliament, that {b) " the Roman-CzthoXic Church was the " Mother-Church, defiled indeed with fome In- " firmities ; but that, as he would not wifli a " fick Man's Death, fo he would not have the * Papijls punijhed in their Bodies, for the Errors of England. (k) SeeB. of Lincoln s}li&. Append. (/) See Sir Peter Pelt Hap. fur. &c, f. 145. DoQor John Dome, Dean of St. PauFs, who flouriihedin the Begin- ning of that Reign, mentioning, in one of his Satires, the low Condition of the Poets of his time, fays, ." Their State Is poor, difarmed, like Pafidi not worth Hate'* (m) Sir Peter Pelt, ubi fupra. The Lieutenant of the Tower told Sir Everard Digly in 1605 " That, tc his Know- " ledge, there were not then four Thoufand Papifts in all g England" B. of Lincoln's Hift. &c. Append, p. 246. [ l J ft ter were but as an Handful to the former." And among thefe ProteJlants> (n) " the Puri- " tarn were thought to be more vigorous than 46 any others ; that is, (fays my Author) more " ardent, quick, bold and refolute ; and to have " a great Part of the beft Captains and Soldiers ** on their Side." It muft furely appear a very flrange Sort of Cowardice, or Policy in a Prince, to profcribe, and abufe the more power- ful Party of his fuppofed Enemies, and, at the fame Time, to flatter and favour the weakeft and moll inngaificant ! But, to return to the Year 1604 : You have feen, Sir, at that Period, fuch a Difpofiti- on in his Majefty towards the Generality of Ro- 7Wtf-Catholics ; as, inftead of exciting, would have naturally {titled, DifafYec~tion in them, if any they had : Nor, indeed, does it any where ap- pear, that they, on their Parts, (hewed the leaft (0) unbecoming Refentment for the Rejection of their () See Sir Peter Pttt ubi fupra. (0) No wonder ; for, according to Rapirt (K James) the King's Anfwer to this Petition was delivered in the following mild and gentle Terms, viz. " That he thought himfelf " obliged to fupport what (the Religion) he found eftab- *' lifted in the Kingdom at his coming." ib. [ ^3 ] their Petition before-mentioned -, as the (p ) Puri- tans did for the ill Succefs of theirs, and that too in a Manner fo ofTenfive, (q) that " the King com- " plained publicly of their reftlefs and encroach- " ing Spirit, and of the Malevolence with which ** they endeavoured to infpire the Commons." Befides, if what all our Hiftorians are agreed in be true, viz. (r) that the firfl: Defign of the Con- fpiracy was laid near a Year and a half before its difcovery, it evidently follows, that it was concerted long before the Catholics had present- ed their Petition, it appears by the Confeflion of (j) Winter^ one of thefe Confpirators, that the Defign of blowing up the Parliament Houfe had been thought of in the the Beginning of Lent (p) The Parltans had fome Caufe of Rdentraent given them on that Occafion : for the Lords and Judges in the Star-Chamber had, it feems, refolved, " that their Petition 4t was an Offence fineabte at difcretion ; and very n^rTrea- u fan, and Ftlwy in the Punijbment, for that it tended to the " Raifing of Sedition, Rebellion and Difcontent among the " People, &c." And all the Lords deckled, that fome of the Puritans had raifed a falfe Rumour of the King, hovr he intended t . grant a Toleration to Papifts. Sir Peter Pett. Hap. fut. State of &c. f. 224 (j) Hume Reign of the Stu. (r) Hume &c. &c. (*) B.ofLjwfs/n'sHift, of the Gun-Powder Treason. [ 24 ] Lent 1603, and even before his Majefty'g Arri- val in England : "Whereas the Catholic's Petite on was not prefented until r ome time in (/) 1604. At the time too of prefenting that Pe- tition, they were, as you have feen, fo far from meditating a Confpiracy, that " they of- " fered to ftand bound, Life for Life, for the *' Loyalty of their Clergy." Thefe Confederations, Sir, which are ground* ed on Facts, render this matter, if not aitoge* ther incredible, at leaft extremely doubtful and uncertain. And yet, I confefs, there is abundant Reafon to believe, that the intended Non-performance of his Majefty's Promifes to the Papijts, was in a- nother Refpect, the occafional Caufe of this Con- fpiracy, though not of any really-defigned Mif- chief to either the King or the Parliament. Se- cretary Cecily that renowned (u) Adept in State- tricks, (/) Sir Peter /V//Hap. fut. State. &c. Preface. (u) OJborne calls him " a famed ProfefTor in Tricks." Works, p. 37. 88. Many fufpeded at firft, that the Plot for which Sir Walter Raleis>b afterwards loft his Head was merely a Contrivance of Cecifs. Hume. &c. fa [ 2 5 ] tricks, in Order to difengage his Majefty from theie Promifes, to endear him to the Pur i 'tans , (by furnifhing a Pretence for making new and fevere Laws agai.ft Papifts,) and for other ma- terial Purpofes, which will juft now appear ; is thoUgut to hatfe contrived this iniquitous Scheme ; and, bj Bribery, irromifes of Pardon, or fome other unknown Artifice, to have feduced one or two (w) profligate ifo;/M-Catholics to concur in it ; who, being themfelves deceived, did draw into the fame Snare a few others of the fame Profeflion. CeciTs chief and leading Tool in this Bufmefs, feems to have been Trejhatn. This unhappy Gentleman had too many Temp- tations to this Bafenefs, and too little Integrity 2 to In one of the Epitaphs written for him at the Time of his Death, are thefe two remarkable Lines. " Owning a Mind of difmal Ends, As Traps fur Foes, and Tricks for Friends." OJb. p. 459. ** Cecil (fays Saunter/on in K. James p. 382) was a true " Inheritor of his Father's (Bur leighh) Wifdom, and by him " trained up in the future Perfections of a judicious Statesman : " Now, it was a Piece of Wit in Qu. Elizabeths Days, (fays ** Ld. Ca/ilemain) to draw men into fuch Devices ; nor were " any more excellent in the Art, than Burleigh and IV al- " fingham? Cath. Apol. p. 403 (iv) The King in his Proclamation on this Occafion, oalls thefe Confpirators ,( Men of lewd Lives, infolent Difpofiti- " ons, and, for the moft Part, of defperate Fortunes." t 26 ] to refift them. He was not unknown to that Minifter , had been at fome (x) private Meet- ings with him on the Affairs of the Catholics ; had more than once received his (z) Pardon for a capital Qffenpe under his Adminiftration ; and but a few Hours before his Death * confefled, That, " in Confideration of that Pardon, and to " fatisfy the Lords of the Council, he had gi- " ven in Examinations againft Garnet which " were (x) See Dodd's Eccles. Hift. Vol. 2nd. (z) Sir Everard Digby in one of his private Letters from th* Tower, fays, " I have not named any either living or dead, " that mould bun my Lord Salijbury." (Cecil) B. of Lin- coln's Hift. Append. (z) He was thought to have been concerned in the E. of Ejjex's and Sr. Walter Raleigh's Plots. B. of Lincoln Hift. &c p. 95. 220. * This he did in a Letter to Cecil, to whom, hedefired that fuch his Retradation might be delivered after his ^Jeath. id. ib. p. 1 77. The following lhort Extraft is all we have of that Letter, 'viz. " That, whereas, fince the " King's Time, he had had bis Pardon, and to fatisfy the V Lords of the Council, who heretofore examined him, he had " accufed Garnet; that now, he being weak, defired that '? his former Examinations might be called in, becaufe they " were not true.' 1 B. of Lincoln Hift. of the Qun-Powder fee. p. 220. t 2? i " were riot * truer While Matters were pre- paring for the intended Difeovery of this Plot, he (a) often vifited Cecil at Midnight : And when that Bufinefs was compleated, and there was no further Occafion for his Service, he was, it is faid, carried off by a Strangury, in the Tower ; a Difeafe feldom mortal; unlefs, per- haps, to thofe who happen to be intruded with a dangerous Court-Secret ; and are, at the fame Time, at the abfolute Difpofal of a wicked firft Minifter. I fay not this, Sir, on Conjecture, or light Report. Our own moft authentic Accounts of this Confpiracy countenance, and confirm it. (b) fainter, one of the Confpirators, declared, that Tresham only was fufpected by them. This is alfo confcfTed by (c) Saunderfon and others : Nay, fo great was this Man's Confidence and E 2 Self- * " Even now (fays the E. of Sali/bury at the Tryal of " Mr. Garnet) there is current throughout the Town, a " Report of a RetraSation under Bate's Hand, of his Accttfa- ** tion ofGreenvue/ly" (another of the Confpirators.) B. of Line oins Hift. of the Gun-Powder Treafon. p. 221. (a) Advocate for Confcience Liberty. (b) B. of Lincoln's Hift,- f the Gun-Powder Treafon, (f) K. James, [ 2? J Self-fecurity, even after the Plot was publicly known, (d) " that he hankered about the Court, '' when all his Fellow-corJ^iiators were fled and ." gone." And as for the Manner of his Death in the Tower, Dodor Goodman, Bifhop of Glou- $er y avers that ( e ) " he was carried off by " Poifon ;'.' alledging the Teftimony of IVilham Butler % Doctor of Phyfic, by whom he was vi- fited in his lajt Sicknefs. .. I know it has been afferted, that the be? fore-mentioned Letter of King James to Clement VIII. was nof genuine ; that his Secretary, Ijal- ynerino was accufed, and convicted, on his own Confeflion, of having furreptitioufly procured his Majefty's Hand to it ; a,nd that he was fentenced to die for that heinous Offence, But I know jikewife that, notwithstanding Queen Elizabeth's early (/) Remonftrance and Refentment on that Occafion, Balmerino was fo far from being mo- lefled for it, in any Refpect, that, on James's Accefiion to the Englijb Throne, he was (g) ad- ded 1 , '(d) Baker, L James p. 433. Htnu. K. James p. 880. ( e ) Review of the Court of K.James MSS. in the Bod- leian Library. (/) See Saund'rfm's K. James p. 348. ( g ) Hume, &c. [ *9 ] ded to his Privy-Council ; that he continued in his Majefty's Favour for feveral Years after . that when the King firft openly taxed him with it, (which he did not do until (b) 1609.) he was, in ibme Meafure, neceflitated thereto, on Ac- count of its being then publicly known, and com- plained of ; for that (1 ) Cardinal Bellarmine> in his Anfvver to the King's Apology for the Oath of Allegiance, charging his Majefty with Incon- stancy, and Breach of Promife, with Regard to his Roman-CaxhoXiC Subjects, objected that Let- ter in Support of his Accufation. I know alfo that Balmerino himfelf, when unexpectedly ques- tioned about it, did, at firft, honeftly anfwer [k) " that he had fent it by his Majefty's own. " Command " until feeing the King knit his Brow, he, either through Fear, or thinking that a Signal given him to fkreen his Majefty, pru- dently took the Blame of it on himfelf. I know too, that this capital Offender, after Conviction, was not only pardoned, but alfo reftored to hia Liberty ; as his Son afterwards was to his Blood and Honour ; and that, neverthelefs, (/) " nei- " ther 1 - . (b) Saunderforis K. James. (/) Id. ib. (*) Id. ib. (/) Salmons Review f the State-try als, V. 1ft. f. 56. [ 3<> 1 " ther he, nor his Family, could ever forgive " the Profccution." And what is more than all the reft, I know, Sir* that the unexceptionable Bifhop () Burnet was of my Opinion, both as to the Collufion of Balmerino's Tryal, and the Reality of the King's having fent that Letter to the Pope. This () " A Letter, fays he, was alfo writ to the Pope by " him, (K. Jame> ) giving AfTurahce of this (wz, that he " would connive at the I'apifts) which, when it came to be " publifhed by Bellurmine, upon the Profecution of the Re- *' cufants, after the Difcovery of the Gun-powder Plot, " Balmerino did affirm, that he, out of Zeal for the King's " Service, got his Hand to it, having put it into the Bundle " of Papers, that were figned in courfe, without the King's " knowing any thing of it. Tel, when that Difcovery drew '* no other Severity but the turning him out of his Office &c. '* all Men believed that the King knew of the Letter, and that " the pretended Confeffion of the Secretary ) Adv. for Confc. Liberty. Could his Majefty be really ferious, when, in his Speech to Parliament on this Occafion, he tells them, " One Thing, for my own Part, " have I Caufe to thank God in, that, if God, for our " Sins, had fuffered their (the Confpirators) wicked At- " tempts to have prevailed, it fhould never .have been fpo- " ken, or written in Ages fucceeding, that I bad dyed ivgh- " rioujly in an Ale-bwfe, a Stews, or fuch vile Place, but mine H End Jhould bwve been nx>ilb the tnoft honourable and beft " Company' &c. B. of Lincoln's Hift. &c. p. 8. Is not this, if underftood, as feiioufly fpoken, a Confeffion of fome fort of Obligation to the Confpiiators, for having laid the Scene of their intended Villainy in the Place they did ? Whereas, in Truth, that very Circumftance of their having defigned to deftroy his Majefty in that Place, together with that molt Honourable and beft Company, of all the Lords and Commons, is what enhances the Guilt of their Confpi- racy, beyond ail Expreflion, and almoft beyond Conception. [ 35 ] when he mentions the Statute, for the An- niverfary Commemoration of it, as a Thanfgiv- ing to God for that Deliverance, * fays (what, furely, he never would have faid, had the Deli- verance been real) " of which a Man may hard- " ly allure any long Continuance " and then tauntingly afks, " Are we bound more to obey ' it, than the Satutes of God Almighty for the " Solemnity of feveral Feftivals, which all Chrif- " tians obferve, and we only neglect ?" Certain it is, that the 5th of Novomber was not obferv- ed as an Holiday in Ireland, for many Years af- ter. For when (x) a Motion was made for that Purpofe, in the Infb Houfe of Commons, An. 161 5, it appears to have been fo much difliked, that the King thought fit to have it laid afide ; " not caring to do any Thing," fays Mr. Carte, " to four or alienate the Minds of any Part of " his Subjects." But had the Danger, Sir, of that Confpiracy to the King, and Parliament been then thought real, and not feigned for a certain minifterial Purpofe, what Subject would have ventured to oppofe, fo openly, an annual Commemoration, and Thankfgiving, for their fignal, and happy Deliverance ? F 2 Mr. * K. Jam;s, p. 229. (x) Card's Life of D. of Onw (for the Merit of the firft was confeffcdly his Lordfhip's, and that of the latter the King's only) it is plain, that QciVs good Service, in this Inftance, was No- thing elfe but his having contrived a Scheme, whereby his Majefty had a plaufible Pretext gi- ven him for breaking his Promife to the Papijis, and for pafling new, and feverer Laws againft them ; by ;which Means, he, for that Time, be- came intire Mailer of the ArTe&ions and Purfes of his Puritan Subjects. For in 1604, (a) " the " Parliament abfolutely refufed him a Supply, and 00 lb. (z) Remarks on Engl. Hift. () Hume, &c. [ 37 1 V and the fmalleft Demand, however requifite, V appeared in their Eyes unreafonable and exor. *' bitant." But in 1605, fays Sir Peter Pen, (b) " after the Difcovery of this Popijb Gun- " powder-Plot, the Parliament's Belief of it fired " the Zeal of their Supplies, and made the Mo- u ney burn in their Pockets, and pafs fpeedily a into the Exchequsr." And thus, Sir, that great Protejlant, " who ( fays How ) * had ** more, or not much inferior, Knowledge of this " Plot, than fome that were put to Death, f* for concealing it," did, like the Devil, firft tempt thefe Mifcreants to the Sin, and after- wards punilh them for committing it. For (h) Happy future State of England, f. 194. This Writer, touching upon the Objection of this Plot's being a Contri- vance of Cecil's, does not deny, or difprove the Faft, but rather apologizes for it, by faying, " That the Papifts in " fuch a Cafe, would have no Caufe to complain of the Mini- " fter, for bringing them into this Decoy of a Plot, toferve " bis own Purpofe j fince, adds he, according to fome of " their own Cafuifts, 'tis lawful, for a good End, toenfnare " Men to Ads of Sin, fo that, if a Proteftanl Statef-man had ** inveigled them into a Plot, and then hanged them " for it, his Politics had fquared exadtly with their Morals.'' ib. f. 241. If fuch Popijb Cafuifts there be, (which I can- not believe) yet Cecil's Politics in this Refpeft, were not, furely, the kfs odious, and diabolical, on that Account. K. fames. , ' _ - 301318 [ 3 1 For further Proof of this, if further Proof be neceiTary, let us confider the Circumflances of the (c) Letter to Lord Mounteagle, before- mentioned ; the pretended Defign of which, was to prevent his Lordfhip's going to Parliament on the (c) The Letter was as follows. " My Lord, out of the " Love I bear to fome of your Friends, I have a Care of your Prefervation : Therefore, I would advife you, as ' you tender your Life, to devife fome Fxcufe to fhift off '< your Attendance this Parliament ; for God and Man have '* concurred to punifh the Wickednefs of this Time ; and J think not Jlightly of this Advertifement t but retire yourfelf " into your Country, where you may expect the Event in ' Safety ; for, though there be no Appearance of any Stir, M yet I fay they ihall receive a terrible Blow, this Parlia- " ment ; and yet they fhall not fee who hurts them. " This Counfel is not to be contemned, becaufeit may do " you Good, and can do you no Harm, for the Danger is " paft, fo faon as you have burnt the Letter, and I hope God " will give you Grace to make good Ufe of it, to whofe ' holy Protection I commend yoU." Saund. K. James p. 323. Upon which Letter, I fhall only obferve, that, as it does not caution Lord Mounteagle againft going .to Parlia- ment particularly on tht frll Day of its Meeting (when the Mifchief was to have been done) but only in general di- fuades his Attendance during that Seflion: His Lordfliip might for Shew, Form's fake, or Curiofity, have gone to Parliament on the firft Day, notwithflanding the Warning contained in this Letter : From whence it follows, that it was not fent by any of the Confpirators, or any Friend of Lord Mounteagle's ; for either of thefe would have certain- ly cautioned his Lordfhip againft going to the Parljament- Houfe, particularly on the 5th of Noz>em/er f which, they knew, was the Day agreed upon for the Perpetration of their Defign. [ i9 ] the 5th of November, the Day appointed for the Mifchicf. This Letter was fuppofed to have been fent by one of the Confpirators, and was delivered to His Lordfhip full ten Days before the 5th of November. The Scheme of fo early a Warning did, indeed, well anfwer the Minifter's Matchiavilian Purpofe ; by affording him Time, as it were, to pry into, and gradually clear up, this intricate Affair ; and was, therefore, deem- ed proper, to give fome Appearance of Likeli- hood and Reality to the Plot. And thus we find the Farce was a&ed : For although Cecil had got that Letter on the 26th of Oclober ; yet he pretended to be fo much puzzled about its Meaning, aud was fo long in finding it out, that the Cellars under the Parliament Houfe were not fearched until the {e) the 4th of November fol- lowing at Midnight ; which was but a few Hours before the Mifchief was to have been perpetra- ted. But, furely, the giving fuch early Intima- tion of the Defign, on any Account whatever, would have argued the greateft Infatuation and Stupidity in Perfons really intending to execute it ; as it manifestly tended to its Difcovery, and Prevention ; which accordingly happened, by Means (d) Saunders. K. James, p. 323, Baker, SiC. (0 Idem. [ 4* 1 Means of it : Whereas, if we fuppofe that the Mifchief was really intended, and that Friend- ship to Lord Mount eagle was the true Motive of fending that Letter, one Day's, nay one Hour's* Precaution, would have been funicient for the Purpofe, and much more confident with the Characters, and Defigns of thefe Confpirators. But that was not all : After Lord Mountea- gle had delivered this important Letter to Cecil, (which (/) he did immediately after he had read it) that Minifter was in no Hafle to communicate it to his Majefty j but kept it quietly by him for fevejal Days, until he returned to London from a Hunting-match ; when his Majefty (g) in- ftantly difcovered Gun-powder in it, to the great Amazement of all his Courtiers, who, until then forfooth, were totally ignorant of its Meaning. {b) " And for his Majefty's divine Spirit in in- " terpreting it," fays Saunderfon, " the Sums " already mentioned were given by Parliament." But, in Truth, Sir, it was an eafy Matter for his Majefty, without the Help of a divine Spirit, to (/) B. of Lincoln 13c. (#) lidem. {b) Saunders. K. James. [ 41 1 to interpret a Letter, which (if (/) JVelwoad rightly informs us) u was contrived by himfelf." There is not, perhaps, in this whole Myf- tery of Iniquity, any one Circumftance that has been fo artfully, and induftriouily perplexed, as the writing and fending this Letter to Lord Mounteagle : And this mud have proceeded from an Apprehenfion in the Writef, that the Know- ledge of that Particular, would have led to the Knowledge of other Things, which it was thought neceflary to bury in Darknefs, and Oblivion. The Confpirators themfelves, upon the firfl Ru- mour of fuch a Letter's being fent, abfolutely difclaimed, and {k) forfwore it, to each other; nor did any of them, after their Conviction, confefs, or claim it ; though fuch Confeflion might have been then ufeful, 6r at leafl, could not have been hurtful to them. For, in the Suppofition that there was, originally, a real Intention of G blowing (j) Memoirs. Dr. Car/eton, Bilhop of CbicbeJIer, tells us very gravely, - That Cecil, the Lord Admiral, the Earls " of Worceiler and Northampton, upon Confutation had on " this Letter, refolved to ftiew it to his Majefty, for tb t ' Expeclation and Experience tbey had of bis Majefiy't fortu- ** v.ate Judgment in clearing and foh'ing of obfcure Riddles, and " doubtful Myfteries." Thankful Rememb. &C. p. 196. B. of Lincoln 's Ftift of this Plot. \k) Sound. K. *Jamet p. 330. [ At 1 blowing up the King and Parliament, thi* Let- ter-writer, at the fame Time that he meant only to preferve Lord Mounteagk, was the happy In- ftrument of preferving his Majefly, the Royal Family, and the State, from impending De- finition : Nor could his private Friendfhip to Lord Mounteaglc, (joined as it was with the public Deliverance, accidentally wrought by it) have, in any Degree, enhanced his Crime : On the Contrary, the manifeft Rifque which he thereby ran of a Difcovery, feemed to carry with it fome Title to Favour, or Mercy. There was, therefore, no Reafon for fuch impenetrable Secrecy in this Refpect, on the Part of thofe Confpirators, who were taken alive : And as for thofe who were killed in the Purfuit, it is plain, from previous Circumftances, that they had no Manner of Concern in it : For, although they had heard on ( / ) Sunday, (about nine Days be- fore the public Difcovery) that the Letter was in Cecil's Hands, and that their Plot was thereby difco- {]) B. of Lincoln's Hift. p. 57. The Difcovery, by4;he Letter, was made to Cecil and others of the Council, on Saturday, and not communicated to the King till Friday following in the Afternoon. B. of Lincoln's Hift. of the Plot, p. 28. 29. Nor were the Cellars under the Parlia. ment-Houfe examined, until the Monday after that,, id. ib. P- 33- [ ] difcovered : Yet they attempted not to make their Efcape, 0) until Tue/day S'ennigbt follow- ing j which, doubtlefs, they would immediate- ly have done, had they been confcious of having written, or fent, that Letter : For, in that Cafe, the known Truth, and Certainty of the Report, and Difcovery, would have inftantly determined their (n) Flight. -* And although fuch of the Confpirators, as were taken alive, did freely ac- knowledge both their own, and their Aflbciates' Guilt i (revealing even the Confeflions they had made to their Priefts, whom, by that Means, they rendered Accomplices in their Crime, and Partners in their Puniihment) neverthelefs there appears not any Glimpfe of Intelligence from that Quarter, concerning this Letter ; nor do we meet with the leaft Hint, or Ground for Surmife G 2 in (>) id. ib. p. 58. Hume p. 361. Nay, H Winter and f Catejby, upon getting Intelligence of this Letter, refolved *' to fee further as yet, and would needs abide the utter* P moft Tryal/' id. ib. () Efpecialiy that of Guido Faux, who waa to have perpetrated the horrid Deed ; and who was taken on the Spot, and almoft in the Fatt j this Man, I fay, in particular, the other Confpirators would, for their own Sakes, have caufed to abfcond ; becaufe he was fully acquainted with their Defign, their Perfons, and Places of Abode; nor were they afterwards apprehended, or even fought after until he had particularly informed agaicft them. See Hume, &c. [ 44 ] in any of their Declarations, which were full and particular, that it came from them. Should it be fuggefted, that this Letter might have been written, or fent ? by fome benevolent Perfon, not engaged in the Plot i who, either through Con- fidence, or by Chance, had got Notice of the Defign ; I would fain know, what poflible Mo- tive could have with-held fuch benevolent, and unengaged Perfon, from warning the King and Parliament, as well as Lord Mounteagle, againft: that execrable Defign ? Upon the Whole, Sir, )}efides that thefe Confpirators had all, from the Beginning, bound themfelves by folemn Oaths, never to reveal their Plot, " which," fays (o) Mr. Hume, " they religioufly kept for the Space " of near a Year and a Half f the reat, but ftudied, Obfcurity of the Letter itfelf, and its not giving the leaft Hint of the particular Day, on which the Mifchief was to happen, is a plain Indication, that it never was dictated by real Friendjhjfc ; nor intended as a Caution againft real Mifchief. For then fome Clearnefs, not a total Obfcurity, would have been aimed at : And this Letter was deemed fo dark, and unin- telligible, that his Majefty, you fee, was thought to (O Ifc [ 45 ] to have had the Afliftance of a divine Spirit to come at its Meaning. W e mint, therefore, Sir, look elfe-where for an Explanation of the Myftery of this Letter. Many Writers of that Time, Prot eft ants as well as Papifts, have given broad Hints, that * Cecil himfelf was either privy to, or the Writer of it. (p ) OJborne exprefsly fays, that " it was " a neat Device of his." And, indeed, if Co, he co aid have had no other Motive for conceal- ing it fo artfully, but the confcious Fear of being fufpected to have carried his Device much far- ther than the Letter itfelf. This Confcioufnefs of Cecil's feems evidently to appear from his muf- fling * The Forfeiture of the fix Counties in the Province of Ul/ler in Ireland, on Account of afuppofed fecret Confpira- cy of the Noblemen and Gentlemen thereof, which was ever believed to have been a Contrivance of Cecil's, was brought about by the very fame Means ; " Anno i 607, fays the Bifh- " op of Meutb, was a providential Difcovery of another Re- " bellion in Ireland, the Lord Chichefler being Deputy: The " Difcoverer not being ivilling to appear, a Letter from him, " not fub/cribed, -was fuperfcribed to Sir William UJber, Clerk " of the Council, and dr opt in the Council chamber, then in " the Gaftle of Dublin ; in which was mentioned a Defign ? for feizing that Caftle, murthering the Deputy, &c." (This was all the Proof.) Borl Hift. of the. Irijh Rebellion. Pref. (p) Works p. 437, t 46 ] fling, and contradictory Behaviour, concerning it. For, when the Letter was firft (hewn to him by Mounteagle, (q) " he greatly encouraged, and *' commended his Lordfhip's Difcretion \ telling M him, that it put him in Mind of diverfe Ad- *' vertifements fent from beyond Seas, where- " with he had acquainted, as well the King him- f felf, as diverfe of his Privy-Counfellors, con* " cerning fome Bufmefs the Papijls were in, " both at Home and Abroad, making Prepara- " tions for fome Combinations amongft them " againjl this Parliament-time " and yet, but a few Days afterwards, when he hlmfelf communi- cated it to the King, who apprehended Danger from it, " he thought good," fay the fame Hif- torians, (r) " to diffemble his Thoughts j in- " filling to his Majefty, that there was no juft il Caufe of fuch his Apprehenfion ; that the Let- " ter feemed to him to have been di&ated by " fome Madman ; and, in fhort, turned the whole " Matter into a Jeft :" Yet this he did in fuch a Manner as made it anfwer his Purpofe of dis- covering (f) B. of Cbicheflet's Thank. Rememb. p. 194. B. pf Lincoln's, Hift. of this Plot. (r) Id. ib. De Thou. [ 47 1 Covering the Plot, (s) " by leading the King in his Conjectures about its Meaning ; while he, like an artful Courtier, gave his Mailer the Praife of the whole Difcovery." ** 'Tis plea- fant," fays Lord Caftkmain^ (t) " to obferve, " in mcft of the Accounts of this Bufinefe, how ** the Letter appeared Nonfenfe, forfooth, to " Cecil; and yet with what particular Adulation " he all-alo,;g feemed to admire the King's Ex- " pofition, aud Comment upon it." In fhort, Sir, he that could have gathered, from that Let- ter, any thing like a Popifb Confpiracy to blow up the King and Parliament, muft either have known, before-hand, all the Preparations that were made for that horrid Purpofe j or muft have been really affifted by a fupernatural Pow- er (as his Majefty was fillily fuppofed to have been) on that Occafion. I do {s) Hume. Cecil knew, that the finding of the Gun-pow- dfir under the Parliament-houfe (where he was before appri- zed it was laid) would clearly prove the Juftnefs of the King's Conftruttion of the Letter ; and, therefore cunning- ly affefted to differ from his Majefty in that Conftruftion - That the fubfequent Difcovery might appear to bethe (alt Efecl of the King's wonderful Sagacity, and Penetration; (/) Catb. Apol. p. 410* [ 48 ] I do not pretend to infer any Excufe, or Alle- viation of thefe Confpirators Guilt, from their not having been the firft to contrive this Trea- fon j or from their having been feduced by others into a Refolution to execute it. Such a Refolu- tion, however entered into, cannot, I own, be fufficiently detefted. All I contend for is, that this Deteftation mould light only on its proper Object, the mad Enthufiafm of the few Mif- creants engaged in the Defign ; who, though they had originally planned it, could not, in the Eye of impartial Reafon, have brought any real Difgrace on the Religion they profefled ; as that Religion utterly condemns fuch Impiety ; and much lefs in the prefent Cafe, when it has been made fo manifeft, that it was contrived, and fo- mented by one of a quite different Perfuafion. Indeed, if Treafon muft be always characterized from the religious Profeflion of the Perfons con- cerned in it, one would think, that fuch a Dif- tin&ion mould be taken, rather from the Religi- on of the (u) principal Prqje&or, than from that (u) What Sr. Edzvard Coke fays, in his Profecution of Garnet, feenis pretty applicable here. " In fuch Crimes, " the Author, or Procurer, offendeth more than the Actor, " or Executor^ as may appear by God's own Judgment, " given agaiaft the firft Sin in Paradife, where the Serpent " had [ 49 ] that of the deluded Tools and Underlings cm-, ployed by him ; and confequently, that this Gun- powder-plot ought rather to be called a Puritan^ than a Popijb Conspiracy. The principal Ends of this Cecilian Scheme being now fully anfwered, the Malice of its Contrivers feemed fomewhat to abate : For the (w ) new penal Laws, enacted againfl Roman-Ca- tholics on that Account, were, foon after, tacit- ly difpenfed with. Mr. OJbornc, a cotemporary Writer, exprefsly fays, that f x) " the King on- " ly fufFered that Parliament to meet, tofharpen " Laws againft Papijis, that they might be tf " more obliged to him for flopping thei En ~u- " tion" And this appeared maiiifeL - only from his Lenity towards them in all the enfuing Parts of his i^eign;; but alfo from his (y) Proclamation of the 10th of June mme- H diatefy " had three punifhments inflidled upon him, as the Original " Plotter ; the Woman two, as being the immediate Procu- " rer ; and 4j Sr. Ttter Pelt's hap. frfeSt of Ugl. f. \l% (x) Works, p. 440. (y) Sr. Peter Pttt. Obligation of Oaths. t SO 1 diatcly following ; wherein he declared,. " that " he ftill defircd to make it appear, through H the whole Courfe of his Government, that i* he was /a/' from accounting all his Roman-Cz- " tholic Subjedts difloyal : That the fupreme ? Difpenfation of Clemency, and Moderation of " die Laws was proper for hjm to ufe, whenfo- " ever he mould find it reafonable : That " Mercy was praifed in the Almighty, whofe " Lieutenant on Earth he was, as his higheft " Attribute, and above all the reft of his " Works: And that, therefore, as after- " times mould give him Trial of all Mens Be- " haviour ; ib muft all Men expect that their " own Deferts muft be the only Meafure of their % future Fortunes at his Hands, one Way or " another." Now, Sir, what greater Lenity than this, could Roman-Catholic Subjects have expected from a Protejlant Prince, even though there never had been a Sufpicion, that any of their Perfuafion had formed this, or any other, Confpiracy againft him ? And how happy would the loyal Catholics of this Kingdom think rhemfelves at this Day, in fitch another Decla- ration from their Sovereign, with Refpecl to fome of thofe numerous, and unprovoked penal Laws, which have been found fo injurious both to [ 5i 1 to them, and the Public, for mora than feven- ty Years paft t Nor was his Majefty's * enfuing Kindnefs to thefe People lefs in Effect, than what he had fo gracioufly promifed in that Proclamation. ( z) " In the Year 1607, a Petition was moved in " Parliament for a more rigorous Execution of " the Laws againft Papjls, and an Abatement " towards Protefiant Non-conformifts ; but both " thefe Points were equally unacceptable to his " Majefty; and he fent Orders to the Houfe to " proceed no farther in that Matter." {a) " la " 1 610, the Regard he (hewed for Roman-Cztho- " lies j theAccefs and Credit they had at Court, " even to their being admitted to the moft impor- " tant Offices, and into theMiniftry itfelf, begot H 2 ftrange (2) Hume. * " Upon the Difcovery of the Gun-powder-Plot, there ' was a general Profecution of all Papi/it fet on foot -, but ** K. James was very uneafy at it, and did immediately order " all that Profecution to be let fall ; I have the Minutes of " the Council board of the Tear 1606, which are full of 44 Orders to difcharge, and tranfport Priefts, fometimes " ten in a day. From thence to his dying Day, he continued " always writing and talking againft Popery, BUT ACT- 1NG FOR IT." Burnet's Hitl. of his own Times, f. 9. (a) Rapins'K. Jams. [ 52 ] " flrange Fears in the Minds of the people." (b) In 1614, " upon the Houfe of Commons's re- " prefenting to him (among other Grievances) " that of the Increafe of popifh Recufants, and " of his admitting into his Council popifh u Lords, publickly known to be fuch ; he was " fo much offended, that he diflblved the Par- " liament, and committed to Prifon feveral " Members, who had fpoken moil freely on " that Occafion." (c) In 1618, " the People " again complained, that the Number of Papifts " increafed daily, and that even * one of the " two Secretaries of State was a Papifl." (d) It was counted even (hameful, about that Time, to put the Laws in Force againft Popijb Recu- fants ; and fuch of the Magistrates as officioufly did fo, were branded with the odious Name of Puritans, (e) In 1622, the King told his Coun- cil, U>) Id. ib. (c) Id. ib. * Sir Giles Calvert, whom Wilfon (K. James p. 79J " calls " not only a Papifty but an HifpaniofizeJ Papift." (a 1 ) Sr. Peter Pelt's Hap. fut. St. of Engl. f. 146. (0 Id. Oblig. of Oaths f. 97. " the Number of Priefts and Popijb Recufants, enlarged out of Durefs by K. James, (if [ 53 ] cil, in a fet Speech, " that the Roman-Catho- " lies in England had fuftained great, and into " lerable Surcharges, impofed upon their Goods, " Bodies, and Confciences, during Queen Eli- " zabeth's Reign, of which tbey hoped to be re- *' lieved in his : That he had maturely confi- " fidered their Penury, and Calamities : That " they were in the Number of his faithful Sub- " jecls ; And, therefore, that he did, from " thence-fbrth, take them all into his ProtecJion : " permitting them the Liberty, and intire Exer- " cite of their Religion, without any Inquifition, " Procefs or Moleftation, from that Day forward" In Short, Sir, both his Majefty and Privy-Coun- cil were, in 1623, ^ thoroughly reconciled to thefe People ; fo fearlefs of their Principles, or rather fo confident in them, that, in the Treaty of Marriage between Prince Charles, and the Infanta of Spain, they folemnly bound them- felves (if we may belive Gondamar's Letters from hence to the King of Spain j or the Letter of Serial, that King's Secre- tary, from Madrid, July 7th 1622, to Mr. Cottingtoit y ) -was no lefs than Jour tboufand." See Sr. Peter Pelt Obi. of Oaths f. 145. The fame Writer tells us, " that there were in Offices, " and Places of Truft, in 1624, eleven Popilb Lords, and " eighteen Popijb Knights, befides many other Pcrfons of " Quality, who were in Places of Charge and Truft in their i( feveral Countries." lb. f. 90.. 100, [ 54 ] felves (/) by Oath, in Cafe that Treaty iuc- ceeded, not only that the new penal Laws a- gainft Papijis fhould not be put in Force ; but alfo, that there fhould be a perpetual Toleration of their Religion, in all the three Kingdoms; and that his Majefty would ufe his utmoft En- deavours, to induce the Parliament to revoke, and abrogate whatever Laws of that Kind were formerly enadted againft them. King James had received his Education from the Puritans, and was always, fpecula- tively at leaft, attached to their Principles : Yet it is well known, that, notwithftanding this Bias in their Favour, he never forgave them the Trou- bles, (/) Id. ib. " Among other Members of the Privy-Coun- " cil, who figned thefe Articles, fays Sr. Peter Pett, were *' thefe great Names, viz. Abbot, Archbp. of Canterbury ; " John, Bifhop of Lincoln, Keeper of the Great-Seal ; Lio- " net, E. of Middle jex, Ld. high Treafurer of England-, * Edivd. E. of Worcejler, Ld. Privy-Seal ; Lewis, Duke of " Richmond and Lenox, Ld. high Steward of the Houfhold ; <4 Henry, Vifc. Mandeville, Ld. Prefldent of the Council * ** James, Marquefs of Hamilton', James , Earl of Car lifle ; " Lancellot, Bifhop. of Winchester ; Oliver, Vifc. Grandifon, " Arthur Chicefter, Baron of Belfaft, Ld. Treafurer of " Ireland ; Sr. Thomas Efmond Knight, Treafurer of the " Houfhold, &c. The Articles afterwards condefcended to ** in the French Match, were almoft verbatim the fame " with thofe formerly agreed to r in the Sfanijb Treaty." Hap fut. St. of Ens>l. f. 209. [ 55 ] bles, which they had formerly excited againft him, in Scotland ; and that he perfecuted their Perfons in England^ to die laft Hour of his Life. But this King, Sir, had no fuch Caufe of Pre- pofleffion in Favour of Papijis. On the Contra- ry, their different, imputed Treafons a- gainft Queen Elizabeth mould, equally at leaft, have prejudiced him againft them : And this Gun-powder-treafon againft himfelf, which, in Guilt and Horror, exceeded all former Treafons, would, furely, if real, have increafed that Pre- judice to a proportionable Degree of Hatred, and Perfecution of their (g) Perfons. What, then, ( g ) Yet, on the Contrary, It feems to have increafed his Tendernefs for them : for in his Speech to Parliament, on the Difcovery, he exprefsly fays, among other kind Things, " And therefore we juftly confefs, that many Papifts, laying " their only Truft upon Cbrift and his Merits, may be fa- " vedi deleft ing, in that Point, and thinking that Cruelty of the " Puritans worthy tf Fire, that will allow no Salvation to any " Papift." Bp. of Lincoln's Hift. of the Gun-powder Trea- fon. Upon which Rapin obferves, " That the People con- fidered with Grief and Aftonifhment, the tender Regard the " King exprefTed for the Catholics in general they ob- *} ferved alfo the Difference the King put between the Ro~ *' mijh Religion, and that of the Puritans : the firft hinder- ** ed not its Profejfors from being looked upon as faithful " Subjecls; but the laft was not to be tolerated in any well-govem- r* ed Common-wealth, as he expreifed hiaifelf in his former " Speech. [ S 1 then, but his Confcioufnefs, or Conviction, that the Papijis were not, originally, concerned in this Confpiracy, could have induced fo vindictive a Prince to treat thefe People with fo much Le- nity, and Kindnefs, through the whole Courfe of his Government, notwithftanding the frequent and earned Remonftrances of his Parliament on that Account, which he always fupprefled, and fometimes punifhed ? That any Set or Society of Men, not des- titute of all Reafon and Humanity, mould cool- ly refolve on committing fuch horrible Treafon againft their Prince, not only without Provoca- tion, but even after many Favours received, a d more, with Reafon, expected from him, (which I have (hewn was the Cafe of the Englijb Ca- tholics, at the Time that this Plot was difecver- ed) is extremely improbable, if not altogether impoffible. But that a King, fo offended, after difcovering the monflrous Ingratitude and Villai- ny " Speech. In this here, (on Purpofe to turn the Hatied of * the good Proteftanti from the Papifts upon the Puritans) *' he was not contented with detefling^n Opinion indifferent " in itfelf &c. but thought it -worthy of Fire, Sec. wbiift he ** calls the Doftrine of Tranfubftantiation a meer School- ". Queftion." K. James, p. 281. f 57 3 lainy of thcfc Men, fhould, not only not punifli them, by putting them under greater Reftraint and Incapacity to do Mifchief ; but fhould even grow kinder to them in every Refpeft, and in- dulge them with ftill greater Freedom of Teach- ing, Profefling, and Exercifing that Religion, which was fuppofed to have prompted them to fuch execrable Refolutions and Defigns, is what never, certainly, was before heard of, nor ever will be again, But this is not the only Tnftance, fmce the Reformation, of minifterial Craft, and Sedulity in forging Popijh Plots, for the Ruin, and Defa- mation of Papifts. Such State-Projects had been often fet on Foot, without Scruple, in the Reign (b) of Elizabeth, * M when Party-Zeal was fo I furious (b) See Cambdens Elizabeth, p. 378. * OJborne, * Doctor Cartelatiy Bifhop of Cbichefler t plainly tells us, " That it was thought, at that Time (Q^ Ehz. u Reign) that fome Cunning was praeb'fed, to feel Men's " Affections ; and that counterfoil Letters were written in the " Name of the Scots Queen, and of fome Fugitives, " known Traytors to the State; -jchicb Letters mipbt belt ft " in the Houfes of Recufant" (fuch was the Similarity of the Methods ofeiifcovfrin<;\ott in that, and the following Reign!) " And that Spies were fent abroad to gather Rumours, and " catch Sujpicions. Diverfe (adds he) were drawn into tlefe " Snures [ 5* 1 " furious, that, to be a Catholic was thought to " fignify Nothing lcfe than a fworn Enemy to " God and the Prince;" and the fame were, occa- iionally repeated, with Improvements, at diffe- rent Periods, fince the Reftoration. Thus (pro- bably on a Relief of the Reality of this Powder- Plot) the Firing of London > in 1666, was univer- fafly imputed, even by the (1) reprefentative Body of the Nation, to thefe unhappy People - r and the Memory of that Imputation preferved, by the Erection, and Jnfcription, of the (k) Mo- nument J Snares, amotlg the reft Henry, Earl of Northumberland ; " and hi? Son, Philip, Earl of Arundel, was commanded to " keep his Houfe ; and his Wife was committed to Sir Tho- a mas Shuly, to be kept" &c. Thank, Rememb. p. 68. (:) " Refolved tharit is the Opinion of this Houfe, " that the City of Landau, was burnt in the Year 1666 by the ** Papifts, defigning, thereby, to introduce arbitrary Power, " and Popery into this Kingdom." Sr. P. Pett. Hap. &c. f. 12. (k) " Where Wcn-Column, pointing to the Skies, " Like fome tail Bully, lifts the Head, and lies." Pope, " The Claufa in the Inscription of the Monument, *' importing that the City was burnt by Papi/ts, was crazed '1 by Order of K. James, when he came to the Throne . 14 but, after the Revolution, it was replaced ; fo credulous, '! as well asobftinate are the People in believing every Thing " which footers their prevailing Paffion." Hume's Reign 'of die Siu*:s. v. 3d. p. 267. I 59 1 nument in London ; (/) *' although no Proof, or " even Prefumption, after the ftriclefl Inquiry, " by a Committee of Parliament, ever appeared " to authorife fuch a Calumny ; " and although it was publicly (pi) known that feVeral Secta- ries, Proteftants by Law, had been before con- victed and defervedly executed for a Confpiracy to fire that City on the fame Month, and Day in which it was afterwards fired. Thefe Sectaries, Sir, were hanged in April 9 1 666, and openly con- ferred that they had been treated with, and had treated with others, to burn the City in September 1 2 following (/) Id. ib. () " Jft April before, fomt Common-wealths Me* were * found m a Plot, and hanged ; who, at their Execution, ** confefled they had been fpoken to, to aflift in a Defign of * burning London, on the 2d. of Septr. This was printed in " the Gazette of that Week, which I myfelf read'. Now * the Fire breaking out n the 2d. (of Septr.) made all " People conclude there was a Defign fome Time before on " Foot for doing it." Burnet's Hift. of hjs own Times, r" 1 59, See Sir P. Pett. Happ. fut. St. of Evgld. f. 180. Burnet alfo tells us " That Sir Thomas Littleton, one of the Committee, * that examined all the Prefumptions of the City's being u burnt by Defign, a Man of a ftrong Head, and found " Jud gment ; and one of the ableft Parliament-men of his time, often affuredhim, that there was" no clear Prefump- '* tion made out about it, and that many Stories, which * were publifhed ivith good AJfurance, came to Nothing, on a e< ftrift Examination." ib-. f. 130. [ 6o ] following ; and accordingly in September following the City was burned. (/*) " But, as the Papijlswere; " the chief Objects of public Deteftation, the Ru- " mour, which threw the Guilt on them, was " favourably received by the people." Thus alfo in 1679, by (o,p) the Earl ot$baftei- Zw/s deteftable Policy, " this Zeal againft Popb'iry paid Oates 10I. per (Quarter. See Horrid Cotifpir, Publifhed by Authority. Append. [ 61 J " men in the Kingdom, both as to his Years and " Family, (I mean the Lord Stafford) was fhed " by the Hands of the common Hangman, for a " Crime, that was as diftant from his Thoughts " as it was out of his Power to perpetrate." Such, Sir, were fome of the lamentable Effects of this forged Popijb Plot ! " an Incident," fays (a) Mr. Hume y " which, for the Credit of the " Nation, it were better to bury in eternal Obli- " vion ; but which it is neceflary to perpetuate, " as well to mantain the Truth of Hiftory, as " to warn, if poflible, our Pofterity, and all " Mankind, never again to fall into fo ftiameful, " and fo barbarous a Delufion." Thus, infliort, in 1688, upon the Landing of the Prince of Orange in England, a Report was iniquitioufly propagated through every Part of that Kingdom, in one Day, (r) " That the dif- I 3 " banded (?) Reign f the Stuarts. (r) Id- ib The unparalleled Impudence of Hugh Speke, Efq. one of the principal inftruments in fpreading this Alarm, rauft not be pafTed over unnoticed This Man after the Revolution, not only confefled the Fa& in Print, but alfo boafted of it, as a fingular Piece of Service at that Juncture, for which he demanded, and obtained, a Reward in the en- duing Reign. " Hoping, fays this Incendiary, by Means of that Report, to make the Irijb Papifti under S Jama ufelefs It [ 62 J " banded Irijb Soldiers had taken Arms, and " had commenced an univerfal Maflacre of all " the Prolejlants ;the ridiculous Belief of which, " begot, every where, the deeped Conflernation. ** the Alarm-Bells were rung, the Beacon *' fired ; Men fancied that they faw, at a Di- " fiance, the Smoak of the burning Cities, and *' heard the Groans of thofe who were flaughte- " red in their Neighbourhood. It was furpri- " fing" (adds my (j) Author) "that the Catholics " did not all perilh, in the Rage, which naturally a fucceeds to fuch popular Panics." About the fame Time, and for the fame flagitious Purpofe (t) " a Report of an intended " MafTacre of the Proteflants of Ireland, by the " Papjls, was generally fp rea d there, and wrought ' prodigious Effe&s on a People fitted for fuch *' an Impreflion. When the News arrived in ' Dublin, (fays an Eye-witnefs) it fo alarmed the to hiiu'anJ odious to the Proleftani;, I Jet Fire to the Train, and it ffread like wildfire, in a Moment, thro* the whole Kingdom, ta the great Amazement, and Aftmjbouni of all Perfons." Mem. of Remark. Daflog p. 28. (.<) Hume\ Reign of the Stuarts. (/) Dr. Ufleys AnfW. to Kings State of the Proteftatfii of Inland, under K. J Ames. [ 6 3 ] 11 the City, that above five thoufand Protefiants " appeared in Arms that Night ; and many " hundred Families embarked from all Parts, in " fuch Confufion, that they left every Thing, " but their Lives, behind them." And here, Sir, I might add many fimilar Re- ports wickedly fet on Foot in thefe Kingdoms in the latter troublefome Periods of 17 15, 1743, and 1745; but I omit them all, for one fignal In- ftance, which has juft * now happened ; wherein a riotous, but feeble Attempt of fome ftarving () Cottagers in the Province of Munjler y to re- " cover (u) " Some Landlords in Munfter have fet their Lands t* to Cottiers far above their Value j and, to lighten the H Burthen, allowed Commonage to their Tenants, as a '' Kind of Recompence. Afterwards, in defpite of all u Equity i contrary to all Coropatts ; the Landlords have " inclofed thefe Commons, and precluded the unhappy " Tenants from the only Means of making their Bargain " tolerable The greateft Part of thefe Tenures are by t verbal Agreement* not by written Compact : Here is ano- " ther Difficulty, if the Wretches fhould apply to Law." An Enquiry into the Caufes ef the Outrages antmitttd hy the Levellers. Wilfons Magazine for April, 1763. " In the * c fecond Year of K. James lft, a Commotion was ftirred up *' by fome Commoners again ft ingrofmg their Ground; when " the King chanced to be invited in his Hunting- Journey to f dine with Sir Tbvnas J itf Barijhire ; and turning * fhort * 1763. [ 64 1 cover their Right of Commonage, newly taken from them ; has been reprefented as a Popijb In- furreSliotty and as a Prelude to an intended Maf- facre of all the Protejiants. And this atrocious Calumny, has been countenanced and perfifted in, even after Perfons of known Loyalty, and Emi- nence in the Law, (commiffioned by the Govern- ment to enquire, on the Spot, into theCaufes of thefe Difturbances,) have openly confefled, that they had not, after the ftricteft Enquiry, found one of all that wretched Multitude guilty of any Thing like Rebellion, or Difafte&ion. Nay, Sir, on that very Day, on which it was declared by Authority, (w) " thar, by the Vigilance and " Activity of the Earl of Halifax, there was an intire Stop put to thefe Riots, and Difturbances j * that ' fiiort at the Corner of a Common, happened near to a " Country-Man fitting by the Hetls in stocks, who cryed ** Hofanni ! to his Majefty;"which invited the King to aflc the *' Reafon of his Reftraint: Sir Thomn faid, it was for * Healing a Goofefrom the Common: The Fellow replyed, " I befeech your Majefty to judge, nvbo is the greateft Thief, u /, for fteahng Geefe from the Common, or bis IVorJbip, for ** fealing the C.ommnn from the Geefe ? By my Sale, Sir, I* faid the King to Sir Thomas, Ife not dins to D~y on your ** Dijhes, 't- 11 you reftore the Common for the Poor, to feed their tl Flock-: Which was forthwith granted to them, and the " witty Fellow fet free; and Care taken to quiet the Com- motions." Suunderfon sK. fames, p. 31a. () Und. Gazette, May 4th 1761. Whitehall. [ 65 1 " that the Authors of them cOnfifted, indifcri- " minately, of Perfons of different Perfuaftons , " and that no Marks of Difajfeclion to his Ma- " j* Py's Per/on or Government were dif covered " upon this Occajion, in any Ctafs of People :' On that very Day, Sir, new Alarms were induf- trioufly raifed by Letters fent from hence, and printed in all the (x) Englijh News-papers, wherein it was impudently afferted, " that thefe " Infurgents were all Papijls ; that they purpofed, " and were ready, to join our French, and Spa- " nijb Enemies, on their expected Invafion ; and 4< that the preceding Good-Friday had been the " Time appointed by them for a general Mafla- " ere of all the Proteflants" Which fenfelefs, and cruel Slander was, from the Beginning, cal- culated to defeat (as it actually did defeat) the wife, and humane Intention of the Legiflature, at that Juncture, to (how fome Lenity to our harmlefs, and long-fufTering, Roman-Catholic, Fellow-Subjects ; and, thereby, to render them more ufeful to their King, and Country, than the Severity of the Laws in Force againft them has, hitherto, permitted them to be. ( y ) B u t " Woe ! " (fay I, with an able- and fpirited Writer on this Occafion) " to thofe K who (x) Gen Land. Evening- poft, Moy 4th 1761. &c, ^c. (y) Loud Cbron. May Sth, LZ&2- [ 66 ] " who give mod Scandal ; to thofe, who are, at Heart, * Traitors to their King and Coun- " try -, to thofe who are Rebels to Peace, " Charity, and Truth -, and to thofe, who are " Murderers of People's Fame, Reputation, " and Characters ! Of that Woe beware ye, " who have branded a loyal, and faithful Peo- " pie with fome of thefe infamous Appellations : u For, although, by the Vigilance of our ex,- " cellent Chief Governor, and the Activity of " thofe noble Gentlemen employed by him in " the Chafe, the chief Game is almofl run " down : Yet another Hare is endeavoured to " be ftarted, with an Intent to clog the Wheels of * This feems to have been prophetic ; for the very next Year, near 40,000 of the rich Proteftant Inhabitants of Viper y who clamoured moft bitterly againft the poor Muk- fter Levellers before-mentioned, rofe up in Arms, attacked, his Majefty's Army, fent out againft them " with an. a- " vowed ancftraytorous Intent" (as the Proclamation againft them fet forth) ** to obftruct, and prevent the Execution " of the Laws, and to intimidate his Majefty's Subjects from " Recovering their legal Rights." And thefe Infurgents, * the more effectually to anfwer their faid tmytorous Pur- " pofes, have, by Threats and Violence, compelled feveral " of the M/igiftrate^ and others of his Majefty's Subjects, " to take unlawful Oaths, that they would aid, and affift " them in fuch their trnytorouDe/igns, to the great Terror of " his Majefty's Subjects, the Breach of his Majefty's Peace, " and the Obftruaion of Juftice." &c. Part of the Defign of thefe Infurgents was to with-hold the legal Tithes from the Eftabliih'ed. Clergy ; which they, in fome Meafurs, have Effected. I 6 7 | " of Goverment, or to make it lay afide the " Intention of Employing fo ufeful a Number " of Hands, in Defence of one of the mod " beneficial * Allies of the Crown. For, is it " not for fome fuch Purpofe, that all the Dirt " is thrown, which infernal Malice can invent, " that fome of it may flick to thofe deftined " Vidims, the Papifts ? By which falfe, artful, " and calumnious Methods, the Aneeflors of *' thofe were forced into Rebellion ; and by " their beings fo removed from any Connexion " with the eflablilhed Government, Room was "! left for the fanatic Wolves, of thofe angry, " Times, like the Wolves in the Fable, to de- " vour the Sheep, and the Dogs, feparately." But, to return from this long, though ne- cefTary, Digreflion, to what has infenfibiy led me into it : When we confider, Sir, that had this Powder-confpiracy fucceeded, it would have proved fatal to Papifts, as well as to Prc- tcftants, (the (z) Number of the former in the Houfe of Peers being then nearly equal to that of the latter,) that Lord Mourn 'eagle, a Papifl, firft difcovered it to the Council ; that Lord (a) K i Northumberland, - i ; (z) " Many known Papifts then fitting in the Houfe of 4 ' Lords, befides many private, that were mingled among " the Commons." X)]b. p. 435. (h) Sauttiferfin, Hiive, Bahr, &c. * K. of Pcrt'jga?, [ 68 ] Northumberland, a Proteftant, was fufpected to be engaged in it ; that the (b) former was not rewarded for rhe real Difcoyery . that the lat- p. 8. &c. And " the " inhabitants ajorie ef the. Nonb of Inland, ivbo are.Scoa r " will, - [ 9i ] bellions, in Favour of a Popijb Pretender, were there raifed, fomented, and headed, by fome of its moft eminent Protejlant Chiefs ; while not a fmgle Papi/l, of either high or low Degree, was known to (lir in Ireland^ or to be connected, or concerned, with them in any Refpect whatever ; which, probably, was owing, among other Cau- fes, to Ireland's not being a Proteftant Country, as Scotland is : For Unity in religious, as welfr as civil Concerns, renders a People confcious of greater Strength, and therefore more apt to murmur at, and openly refent, what, perhaps, if weakened by Difunion in either of thefe Ref- pects, they would have patiently fubmitted to, or but repined at in Silence. In lefs than a Century, after the Reduction of Ireland by Henry II. when Popery was the only eftablifhed Religion, the Englijh by Defcent * confpired with the native Irijb againfl the Englijh by Birth, on Account of the latter's being gene- rally appointed to Places of the greatefl Truft N % and * Sir John Davis. " will, (fays he,) directly furniih 20,000 Men, completely " armed, under a Commander of great deputation among " them, who has thereto Engaged himfelf." ib. p. 4, c. See the Memorial of the Scotti/h Lords to the King of France on this Occafion. ib. p. 73. [ 9* ] and Power in that Kingdom ; for that, it feems, was then thought (as it hath b^en often fmce) a ~i~nt Caufe of Jealoufy, and Complaint a- gainfi; our Mother-Country : Ana t;iefe Englijh by >efcent, thus confpiring with the native IriJJjy Summoned, and . held feveral Parliaments apart from the new Englijh , adopted the Irijb Laws, Surnames, Cuftoms, and Drefs ; and continued in this defperate State of Rebellion fpr near four hundred Years, to the Danger of utterly extirpa- ting the Englijh Name and Nation frpm among them ; nor were they ever thoroughly made fub- ject to England, until the Beginning of Jama the firiVs Reign ; at which Time, the Reforma- tion having got Footing in different Parts of the Kingdom, new and oppofite Interefts arofe among them ; (the Source of much, and bitter, Contention! ) by which they were confiderably weakened : And thus, Sir, the whole Ifland, from Sea to Sea, was at length reduced under the immediate Subjection of the Crown of Eng- land. For this Purpofe, of dividing, and there- by weakening, the Irijb* rather than for the Sake of propagating * true Religion among them * This I am induced to think, from the bad Character of thofe Miflloners, who hxft preach'd the Reformation in Irtlan 1, I 93 1 them, all our Viceroys were extremely active in planting Britijb Proteftants in thofe Provinces of Inland: That Chara&er has been left us by the famous Mr. Edmond Spenfer, a zealous Protectant, and Secretary in that Kingdom to Ld. Deputy Gray, in the Reign of Q^ Eliza- beth. For he informs us, in his State of Ireland, p. 131. &c. that, " whatever Difordeis were (then,) feen in the Church '* of England, might be found in that of Ireland, and many ** more ; namely (proceeds h6) grofs Simony, greedy Cove- *' toufnefs, fleftly Incontinency, carelefs Sloth, and gener '* rally, all difordered Life in the common Clergy-men. " And befides thefe, they have particular Enormities ; for * all Irjjb Priefts, which now enjoy the Church-livings, are, *' in a Manner meer Lay-men they neither read Scriptures, " nor preach to the People ; only they take the Tythes ' and Offerings, and gather what Fruit elfe they may of their " Livings i the which they convert as badly. As for the EnglHh Clergy, He tells us, that, " there were never fuch " fufficient Minifters fent over as might be prefented to any i* Bifliop, for any Living ; bui that the moftof fuch Englijb \* as came over thither of tbemfelve!, were either unlearned, '* or Men of fome baJ Note, for which they had forjaken " Erglandr He concludes with thefe Words, "The Clergy " there {Ireland,} excepting the grave Fathers, which " are in high Place about the State, and fome few " others, which are lately planted in the 'new College, are M generally bad, licentious, and moft difordered." Flow wretched, and pitiable muft have been the Condition of the Papifts in Ireland at tha t Juncture ! fined, imprifoned, and otherwife grievoufly punifhed in their Perfons, and Eftates, for not abjuring the Religion of their Confciences, in Order to embrace new, and, to them, unintelligible Doctrines, delivered by fucb Miffioners ! I fay Unintelligible ; becaufe the Irijh Papijls were then altogether as ignorant of the Enrli/b Language, as the EngUjk Minifters were of the Irijh. For [ 94 ] of Ireland, which they knew to be mod zea- Joufly addi&ed to Popery. The Earl of Straf- ford, in particular, while employed in that Bu- fmefs, told King Charles I. " that it was by much the greateft Service that remained to be done, with Regard to the future Securing, and conforming that People to every Command of the Crown of England" But no fooner was the miv Form of Worfhip generally introduced, and firmly eftablifhed in Ireland, than the old Defire of Independency be- gan to appear among Proteftants themfelves : So that England foon found, by the incefTant Murmurs, and Complaints of Grievances from that Quarter, that an intire Union of Proteftants there, might at length prove as troublefome, and dangerous to her Monarchy, as that of Papip For which Reafon, Doftor Htylin, mentioning the AS of Uniformity in Ireland, candidly obferves, that " thefePeo- ** pie, by that Statute, were required, under feveraf Penal- ' ties, to frequent the Churches, and to be piefent at the M reading of the Enqlifb Liturgy, which they underttood " ho more than they did the Maf>. By which Means (adds f he) they were not only kept in continual Ignorance, as " to the Doctrines and Devotions of the Church of England rt but alfo were furniflied with an excellent Argument a- *' gainft Oarfe/vcs, for having the divine Service celebrated " in fuch a Language as the People do not underftand." Q^ Elizab. f. 128. [ 95 1 Papi/ts had formerly been ; and the more, as it was manifeit, that the People's Refpect for monarchical Government, in all the three King- doms, had much decreafed, ever fince the civil Wars in them had, for a Time, abolilhed Mo- narchy itfel And, indeed, the old Antipathy between the Engltjb by Birth , and the Englijb by Defcent, feems then to have revived, and actual- ly fubfifts at this Day : Since, whenever his Ma- jelly thinks fit to bellow Places of Trull, or Power, there, on Englifhmen by Birth, the moll grievous Complaints are conftantly heard from all Proteftant Expectants, of antient Britijb De- /cent. And hence, Sir, it is, that fuch bold, and frequent Demands, for Redrefs of Grievances, have been made on England, by fome of the moll zealous, and eminent Irifh Froteftants, fince the Revolution. Soon after that Period, Mr. Mcly* neux, (who had many powerful Partizans) open- ly aflerted, in a Book dedicated to King William himfelf, the actual Independency of Ireland upon England. And towards the End of George the FirfiVs Reign, Dr. Swift as openly mantained the fame Doctrine, and fpread it through, the Kingdom in printed Pamplets. And fo nume- rous, and violent were his Abettors among Irijlj Proteftants of all Ranks, Parties and Denomi- nations, [ 96 ) nations, that die whole Nation feemed ready to rife up in his Defence, had the Government conti- nued to profecute him with that Rigour, and Severity of Law, with which it at firft feemed to threaten him. From the fame miftaken Notion of Indepen- dency, a Faction fprung up among them, in 1 749, fo daring, and dangerous, that one County alone of Ireland, offered to arm feventy thoufand Proteftants in its Support. And fo generally, though fecretly, difFufed was that Notion through the whole Kingdom, that even thofe, who were then deemed the ableft, moft active, and moft ftedfaft Defenders of the Prerogative, and who, in Truth, greatly contributed to fupprefs that Faction, did afterwards, in 1753, for their own felfilh Purpofes (though under the fpecious Pre- text of Patriotifm) openly adopt, and riotoufly maintain, the fame feditious Principles, both in and out of Parliament. But the greateft and moft daring Outrage that, perhaps, ever wis offered to Government, in that Kingdom, when no Rebellion was actually on Foot, was that which we faw in 1759, when, on a groundlefs. Surmize, moft artfully propagated by thefe^ Sticklers for Independency, of an intended Attack on the Liberties of that Country ; the Populace was fpirited up to intuit, and aftault, fome of the I 91 1 the principal Members of both Houfes, on their Entrance into Parliament, to tender them Oaths framed by themfelves, and fuited to their own factious Purpofes ; and to intimidate, and dif- perfe, by Threats and Abufe, all thofe who had the Courage to refufe them. Such, Sir, has notorioufly been the Behavi- our of fome Irilh Proteftants, at different Periods fmce the Revolution ; while that of all Irijb Pa- pi/is, by the Confeflion of their very Enemies, was quiet and dutiful, and perfectly blamelefa in every Refpect. And now, Sir, give me Leave to afk, would not the Addition of any Number of Converts to thefe Proteftants, have proportionally encreafed, rather than diminifhed, the public Disturbance and Danger, in any of thefe critical Conjunctures; efpecially, were the new Religion and Politics of thefe Converts to be formed, (as it moll proba- bly would be) on the Principles, or Practices, of iuch Proteftants ? I will not dire&ly affirm, that the implacable Hatred, which thefe Independents in Particular take all Opportunities of mowing towards the Roman-CzthoYics of Ireland, proceeds from their Apprehenfion, that fo numerous and well- Q difpofed [ 9* ] difpofed a Body of Men would be likely to fruftrate any future Attempt of theirs, towards recovering their long wifhed-for Independency $ and that, therefore, they would be well enough pleafed to have them put out of their Way, at any Rate. Such a Sufpicion, however, may not be deftitute of all Manner of Foundation. But, this, at leaft, is certain ; that fo much declared Enmity on one Side, rauft prevent all Friend- ihip and AiMance from the other ; and confe- quently muft weaken both; by rendering im- practicable any dangerous Coalition between them. Ought we not, therefore, to avail ourfelves of this Diyinon, and to countenance the loyal Papijis, at leaft fo far as to fuffer them to become fome_ what more confiderable, than they now are, in the Eyes of their lefs deferving Fellow-Subjects ; by Repealing, or Mitigating, fome of thofe nume^ rous Popery-Laws, by which they have been fo long, and caufelefsly, opprefled? In that Cafe, Gratitude would attach them Hill more firm- ly to the Interests of their Protectors, on any future Emergency: And although thefe Inde- pendents would, then, have lefs Power to per. fccute, than they have hitherto had, and flill defire to have , yet as much Jurifdi&ion and Authority would be left them, as it is proper that fucb Subjctls of Great Britain, at fuch a. Diftance t 99 ] Diftance from her, mould poffefs : More, in- deed, would only ferve to enable them to di folve intirely thofe Ties of Duty and Allegiance to their Sovereign, which they have already, on fo many different Occafionij but too much re- laxed. I am, Sir, f I N I S* [ 101 ] APPENDIX [ No. I. ] A Protestation of Allegiance, by thir- teen Miflioners, to^ueen Elizabeth, Janua- ry 31ft 1602. Taken from Hen. Moore's Hift. of the Englifh Jefnits. WHEREAS it hath pleafed our dread fovereign Lady, to take fome Notice of the Faith and Loyalty of us, her natural-born Subjects, fecular Priefts, (as it appeareth in her late Proclamation) and, of her princely Clemency, to give a fufficient Earnefl of fome merciful Favour towards us (being all fub- jec\ by the Laws of the Realm, unto Death, by our Return into the Country, after our taking the Order of Priefthood, fince the firft Year of her Majefty's Reign) and only to demand of us a true Profeflion of our Allegiance, thereby to be aflured of our Fidelity to her Majefty's Perfon, and Crown, Eftate and Dignity: We, whofe Names are underwritten, in moft humble Wife proftrate at her Majefty's Feet, do acknowledge ourfelves infinitely bound unto her Majefty there- fore j and are moft willing to give fuch Aflu- rance and Satisfaction in this Point, as any Ca- tholic Priefts can, or ought to give unto their Sovereign. FIRST I *02 j First, therefore, we acknowledge and eon- fefs the Queen's Majefly to have as full Autho- thority, Power, and Sovereignty over us, and over all the Subjects of the Realm, as any her High- nefs's Predeceflbrs ever had. And farther, we proteft, that we are moft willing and ready to obey her in all Cafes and Refpects, as far forth as ever Chriftian Priefts within this Realm, or in any other Chriftian Country, we bound by the Law of God, and Chriftian Religion, to obey their temporal Prince ; as to pay Tribute and all other regal Duties unto her Highnefs ; and to obey her Laws, and Magistrates, in all Civil Caufes ; to pray to God for her profperous jand peaceful Reign in this Life, according to his blefTed Will; and that fhe may hereafter attain everlafting Blifs in the Life to come. And this our Acknowledgement we think to be fo groun- ded upon the Word of God, that no Amhority y no Caufe, or Pretence can, or ought, upon any Occafion, to be a fufficient Warrant, more unto Us, than to any Protejlant, to difobey her Mar jelly in any civil, or temporal Matter. Secondly: Whereas for thefe many Years paft, diverfe Confpiracys againft her Majefty's Perfon and Eftate, and fundry forcible Attempts rof invading and conquering her Dominions, have been made, under we know not what Pre- tences and Intendments of reftoring the Catho- lic Religion by the Sword (a Courfe moll ftrange in the World, and undertaken peculiarly and folely againft her Majefty and her King* doms, among other Princes departed from the Religion and Obedience of the See Apoftolic, no left than (he) By Reafon of which violent Enterprises, [ i5 1 Enterprizes, her Majefty, otherwife of fingular Clemency towards her Subjects, hath been great- ly moved to ordain and execute feverer Laws a- gainft Catholics (which, by Reafon of their U- nion with the See Apoftolic, in Faith and Reli- gion, were eafily fuppofed to favour thefe Con- fpiracys, and Invafions) than, perhaps, had e- ver been enacted, or thought upon, if fuch Hoftilities and Wars had never been undertaken : We, to allure her Majefty of our faithful Loyal- ty alfo in this particular Caufe, do fincerely pro- teft, and, by this our public Fad, make known to all the Chriftian World, that in thefe Cafes of Confpiracys, and Practifing her Majefty 's Death ; of Invafions, or whatfoever forcible Attempts, which may hereafter be made by any foreign Prelate, Prince, or Potentate whatfoever, either jointly, or feverally, for the Difturbance, or Sub- verfion* of her Majefty's Perfon, Eftate, Realm, or Dominions, under Colour, Shew, or Pretence, or Intendment, of reftoring the Catholic Religi- on, in England, or Ireland ; We will defend her Majefty's Perfon, Eftate, Realms, and Domini- ons, from all fuch forcible and violent AlTaults and injuries. And moreover, we will not only ourfelves detect, and reveal any Confpiracys, or Plots, which we (hall underftand to be underta- ken by any Prelate, Prince, or Potentate, a- gainft her Majefty's Perfon, or Dominions, for any Caufe whatfoever (as is before exprefled) and likewife, to the beft of our Power, refill them ; but alio will earneflly perfuade, as much as in us lieth, all Catholics to do the fame. 'Thirdly : If upon any Excommunications de- nounced againft her Majefty, upon any fuch Confpiracys, Invafions, or forcible Attempts, to be 104 ] be made, as arc before exprefled, the Pope fhould aifo excommunicate every one born within her Majefly's Dominions, that would not forfake the forefaid Defence of her Majefty and her Realms, and take Part with fuch Confpira- tors, or Invaders : In thefe, and all other fuch like Cafes, we do think ourfelvep, and all the Lay-catholics born within her Majefly's Domini- ons, bound in Confcience not to obey this, or any fuch like Cenfure ; but will defend our Piince, and Country, accounting it our Duty fo to do, and, notwkhftanding any Authority, or any Excommunication whatfoever, either de- nounced, or to be denounced, (as is before faid) to yield unto her Majefty all Obedience- in tem- poral Caufes. And becaufe Nothing is more certain, than that, whilft we endeavour to allure her Majefty of our dutiful Afftftion and Allegiance, by this our Chriftian and fincere Proteftation, there will not want fuch as will condemn and mif- conftrue our Jawful Fact ; yea, and by many finifter Suggeftions and Calumnies, tiifcredit our Doings with the Chriftian World ; but chief- ly with the Pope's Holynefs ; to the greateft Pre- judice, and Harm, of our good Names and Perfons, that may be ; unlefs maturely we pre- vent their Endeavours therein ; We moft humbly befeech her Majefty, that, in this our recogni- zing, and yielding Cafars Due unto her, we may alio, by her gracious Leave, be permitted, for avoiding Obloquies and Calumnies, to make, known, by like public Act, that, by yielding her Right unto her, we depart from no Bond of that Chriftian Duty, which we owe unto our fupreme fpiritual Pa/lor : And, therefore, we acknow- ledge [ 105 ] ledge and confefs the Bifhops of Rome to be the Succeflbrs of St. Peter, in that See ; and to have as ample, and no more Authority, or Ju- rifdiction over us, and other Chriftians, than had that Apoftle, by the Gift and Commiflion of Chrijl, our Saviour ; and that we will obey him fo far forth, as we are bound by the Laws of God to do ; which, we doubt not but will ftand well with the Performance of our Duty to our temporal Prince, in fuch Sort as we have before profefled. For as we are moft ready to fpend our Blood in the Defence of her Majefty, and our Country, fo we will rather lofe our Lives, than infringe the lawful Authority . of ChrijVs Catholic Church. Robert Drury, JVillm. Bijbop, John Jack/on, John Colleton, Francis Barnaby, John Mujh, Ofwald Needham, Robert Cbarnock^ Richd. Button, John Bofwille, Antony Champney, Antony Hepburn, Roger Cadwaller, N. B. Dr. fVilliam Bijhop, who was princi- pally concerned in drawing up this Proteftation, was afterwards appointed by the See of Rome , Bifliop of Calcedon. Dod's Eccl. Hift. V. 2d. [ io6 ] No. II. A Letter from Kijcg James /Pope Clement VlII, from Holyrood-Houfe, Septr. 24th 1599. See Rujbwortb's Colleft. Vol. p. 162. BeatiiTime Pater. CU M variis ad nos perlatum fuifTct Rumo- ribus, quam diligenter noftras Sortis aemuli faepius Egiflent, ut Authoritatis Veftrae A- cies in nos diftringeretur, quaq ; Conftantia id pro Veftra Prudentia ha&enus fuerit recufatum ; committere Noluimus, quin, accepti Memores beneficii, gratias ageremus, opportunam nacti occafionem, cum lator prefentium, natione no- ftras, vefter afcriptitius, in fines ditionis veftrae reverteretur, quern, pro fua indole, veftris orna- tum beneficiis, veftrae Sanclitati commendamus, ut cam in iis, quae noftro nomine habet imperti- enda, audire placide non dedignetur. Et quia adverfus malevolorum calumnias, qui noftras in Catbolicos injurias commemoraiido, nobis invidi- am, & fibi gratiam, conciliant, nullum tutius remedium agnofcimus, quam ut e noftratibus aliqui veritatis fludiofi, quantumvis a religione, quam nos a prima haufimus infantia, abhorren- tes, honeflam in curia Romana demorandi oc- cafionem Temper haberent, ex quibus veftra SancYttas ccrto poffit in quo ftatu res noftrae funt edifcere; hoc nomine epifcopum P'dzonienfem vo- bis commendamus, qui ut iortis fuse qualecun- que incrementum veftrae San&itati duntaxat refert C 107 3 refert acceptum, ita cardinilatus honor em pri- oribus benificiis, noftra praefertim gratia, adjici obnixe rogamus : fie inimicorum ccfiabunt ca- lumiiiae, prefentibus qui rerum gddnrum veri- tatempoiiint adftruere. Nee a&io.um noftra- rum uiiam aequos rerum eflimatores cupimus latere j qui in ea religionis quam profitemur puritate enutriti, fie Temper flatuimus, nihil me- lius, tutiufq ; quam, citra fucurn, in iis promo- vendis, quae divini numinis gloriam ferio fpec- tant, pie contendere 5 et, remotis invidiam ftimu- iis, non tarn quid religionis inane nomen, quam quod veras pietatis facrofancta teflera requirat, charitatis Temper adhibito fomento, diligentur confiderare. Sed quia de his copiofius cum la- tore prefentium, viro non inerudito, & in rebus noftris mediocriter verfato, difleruimus, iongioris epiftolae tedio cenfuimus abftinendum. Beatitudinis Veftrse Obfequentiflimus filius J. A No. III. Conclufion of the Articles agreed upon between the Kings of England and Spain, with Ref- ped to the intended Marriage of Prince Charles with the Infanta of Spain. From Sir. P. Pen's Obligat. of Oaths, f. 94. " H ~* HAT we will interpofe our Autho rity " A anc * do as much as in us mail lye, that " the Parliament fhall approve, confirm, and P z ratifie [ jo* ] ; rati fie all and lingular Articles in Favour of Jfonaff-Catholics, capitulated between the enowned Kings, by Reaibn of this that the faid Parliament aid ablegate thole particular ys mad.- againft the faid ifowtf/z-Catholics, * l to who'j Qbfervance alio the reft of our Sub- ." j efc$ ad Vail tls are not obliged; as like- " wife, i he general Laws, under which all are " equally comprehended, to wit, as to the Ro- -" w^/7-Catholics, if they be fucb, as is aforefaid, " which are repugnant to the Roman-Ca.th.oX\c " Religion. And that, hereafter, we will not " content, that the faid Parliament mould ever, " at any Time, enact, or write, any other new " Laws againft /fow<2-Catholics. We, account- " fog all, and lingular the preceding Articles " ratified, and accepted, dut of certain Know- u ledge, as far as they concern us, our Heirs, " or, Succefibrs, approve, ratify, applaud, and " promife bond fide , and in the Word of a King " by thefe Prefents, inviolably, firmly, well and M faithfully to keep, obferve, and fulfil the " fame ; and to caufe them to be kept, obfer- " ved, and fulfilled, without any Exception, or ' P* Contradiction ; and do confirm the fame by " Oath upon the Holy F/ togelitls, notwith- " (landing any Opinions, Sentences, or Laws " whatsoever to the Contrary. In the Prefence u of the molt, illuftrious Don John de Mendoza^ " Marquefs of Itwjofa, and Don Charles Coloma, " Extraordinary EmbafTadors of the Catholic "King; of George Calvert , Knight, one of our " chief Secretarys ; of Edward Conway, Knight, " another of our chief Sec tarys; of Francis t* Cottington, Baronet, of the Privy Cou % cil to l our Son the Prince ; of Francis de Corondelet y Apoftolical [ log J " Apoftolical, or the Pope's, Prothonotary, and " Archdeacon of Cambray. Dated at our Pa- " lace at Wejlminjler, the 20th Day of July, " 1623, m me EngHJb Style." JACOBUS Rex. (A compared and true Copy.) George Calvert, Chief Secretary. No. IV. " The Form of the Oath, which the Lords " of the Privy Council took to the former Arti- " tides, is this which followeth, found among " Lord Cot ting ton's Papers" Sr. P. Pett. Oblig. of Oaths, f. 95. " Formula Juramenti a Confiliarij Praeftandi." " \Z ^ -Af. juro me debite, pleneq ; obfer- " _j vaturum, quantum ad me fpedtat, om- " nes, oc fingulos articulos qui in Tractatu ma- " trimonii, inter fereniffimum Carolum, Wal- " lies Principem, et ferer.iffimam Dominam, Don- " nam Mart am, Hifpaniarum Infantam, conti- " nentur. JURO ETIAM, quod neque per " me, neque per miniftrum aliquem inferiorem " mini infervientem, Legem ullam contra quem " cunq ; Catholicum Romanum conferiptam " Executioni mandabo, aut mandari faciam, penamve u [ no ] pnamve ullam, ab earum all qua, irrogatam exigam. Sed in omnibus quae ad me perti- nent, ordines a Majeftate fua ex ea parte " conftitutos fideliter obfervabo." No. V. Extract of the Obfervator, No, 14. printed in London , about the Tear 168 1. "AT the Seflions in the Old Baily, April, " \ 26. 1 666, feveral * Officers, or Soldiers, " in the late Rebellion, were indicted for con- ** fpiring the Death of his Majefty, and the O- < flain in Lanchajbire, Sir I 112 ] Sir Troylus Turberville, Captain-Lieutenant of the King's Life-guard, (lain upon his Majefly's marching from Newark to Oxford. Sir J. Preflon, wounded at Fournace ; of which he died. Sir Arthur Aflon, Governor of Reding, flain at Tredagh. Sir Thomas Tildefly, flain at Wiggan. Sir Henry Slingjby, beheaded on Tower-hill. Col. Thomas Howard, Son of Lord William Howard, flain at Pier/bridge. Col. Thomas Howard, Son of Sir Francis, at Ather ton-moor ; the gaining of which Battle wasprincipally afcribed to his Valour. Col. Thomas Morgan, of Wejlon, in Warwick- Jhire ; flain at the firft Newbury-battle : He raifed a Regiment of Horfe for the King, at his own Charge, and his Eftate was given to Mr. Pym's Son. Col. Cuthbert Conniers, at Malpafs. Col. Thomas Dalton, of Thurnham, mortally wounded at Newbury (fecond Battle) and died at Marlborough.. Col. Francis Hungate, flain at Chefter. Col. Poor, Governor of Betkley-Caft\z, near Lid- ney. Col. Willm. Ewre, Son of the late Lord Ewre, at Marjlon-moor . Col. Ra. Pudfey,. at Col. Cuth. Clifton, flain at Manchejler. Col. Coffey Bmtal, at Stow, in the Wolds. Col. Trollop, flain at Wiggan. Col. Willm. Bains, at Malpafs. Col. Willm. Walton, at Tredagh. Col. Richd. Manning, at Alrtsford. Lieut. Col. Thomas Markam y of Alhrton, flain near Grainfborough. L. Col. [ "3 3 L. Col. Lancelot Holtby, at Brantiford. L. Col. Haggerfton, at Pre/ton. L. Col. Pavier, at Line. L. Col. Jordan Metbuan, at Pontefracl. L. Col. John Godfrey, at Tewxs-bury. L. Col. George Prejlon, at Bradford. L. Col. Willm. Houghton, at New-bury. L. Col. 7%/7/jp Howard, flain at Chejler. L. Col. Middleton, at Hopton-beatb. L. Col. Michael Conflable, there alfo. L. Col. Sayer, at Nafeby. L. Col. *SVo/, at Aires ford. L. Col. Thomas Salvm, at L. Col. Richd. Brown, at L. Col. Goodridge, wounded at and died at Oxford. L. Col. Congrave, flain at Z)^, in Gloucefter. Major Cujand, flain at the taking of Bajing. Major Richd. Harborn y wounded at Mal-pafs, died at Kendall. Major !T. Vavafor, flain at Marflon-moor, Major Panton, wounded at Owr, died at Z//g-- meadow. Major Hudlejlon, flain at 7V. Major Thomas Eivre, at New-bury, (firft Battle.) Major Laurence Clifton, at Shelford-houfe. Major Thomas Hejkith, at Malpafs. Major JVillm. Leake, at Newbury, firft Battle. Major Rively, wounded at Nafeby, died Prifo- ner at London. Major Richd. Sberburn, at n - a Major Hohnby, at Henly. Major Richd. Norwood-, flain before Taunton. Captain Marmaduke Conflable, Standard-Bearer to Lt. Gea. Lindfey, flain at Edge-hill. Capt. fVillm. Laborn, and Capt. jf^/. Anderton, at Sheriff-button, in Yorkshire. 0, Capt. [ 4 1 Capt. Jofeph Con/table, at Newbury. Capt. JViburn, flain at Bajing. Capt. Burghs (lain at Cover. Capt. $*urfion Anderton, wounded at Newbury , died at Oxford. Capt. Haggerfton, (eldeft Son of Sr. Thomas) in Lanch a/hire. Capt. Anthony Rigby, at Ba/mg-Houfe, Ca i. Bradford, at Capt 'mpigly, eldeft Son of Sr. Renelm i a Troop of Horfe at his own Charge, and -was flain at St. Neotes. Capt. RatcUff Houghton, at Preflon. Capi. Ricbd. Mofyrieuxy of the Wood in #- ckdffjvc, fiain at Newbury, firft Battle. Capt. Charles Thimelby, at Wore eft er. Capt #o/tf. Town/end, at Edge-hill Capt. ilfo/f. Ratcliff, near Henley. Capt. itoW. TVolfole, at Newbury. Capt. Anthony Awd. Capt. Thomas Cole, at Newark. Capt. Part if on, at Wigan. Capt. Maximil. Nelfon, at Marfton-moor. Capt, Francis Godfrey, flain at Sherburn. Capt. Thomas Meynel, at Portefrael. Capt. y/. Lance, at Row- ton in Chefterjhire. Capt. Antony Hamerton, near Manchefter. Capt. Willm. Symcoks, Capt. Lieutenant to Ld. Piercy, flain at Newbury, firft Battle. Capt. Thomas Singleton, at Newbury, firft Battle. Capt. Francis Errington, of Denton, in iVor- thumberland, at Rotheram. Capt. George Singleton, at Capt. Michael Fitzakerly, at Liverpool. fapt. Daniel Thor old, at Nafeby. Capt. [ 5 ] Capt. Francis Clifton, at Newbury, firft Battle Capt. John Lance, at IJlip. Capt. George Cajfey, at Hereford. Capt. Langdale, at Greekhovel, in fVaks. Capt. Carver, in Monmouthjhire. Capt. 5^;* Lingen, at Ledbury. Capt. Samways, at Newbury, 2d Battle. Capt, Jciw Plumton, flain at _Zor* Capt. Pt?/<;, at Brimicham. Lieut. Staley, at Rujhh all-ball. Cornet Willm. Culcbercth, at Newbury, Cor. Deinton, at Cardiff. Cor. i?o. Lance, at Cejbire. Cor. Zi^io. Walker, at Burton. Cor. M/'/w Lockardy at Gooderige. Gentlemen Voluntiers. The Hon. iw. Talbot, Brother to the Earl of Shewjbury, flain at Marion-moor. Mr. Charles Townly, and Mr. Charles Sberburn, there alfo. Mr. iV/V. Thimelby, at Briftol. Mr. Poo/, of Worral, at Mr. Jc^w Tippir, at Newman. Mr. 0;r^. Z?ta, at Edgbalfton. Mr. Theodore Moufe, at Langpori. Mr. Gerard Salvin, at Mr. Francis Darcy 9 at Mr. Wiburn, -\ Mr. /fok Bowks, > at Bafing. Mr. /JP/7/w. &y, Efq; John Giffard, Efq ; Other Roman-Catholics, whofe Eftates were fold by an additional RUMP -ACT, made, Augu/t 4th, 1652. Henry Ld. Vifct. Dunbar, and his Son. Sir Willm. Favafor. Sir ^ze;^. Radcliff. Thomas Clifton, Efq; jp?ter Gifford, of Cbillington, E(q; Walter Fowler, of &. Thomas, Efq; Thomas Brook, of Madelay, Efq; Francis Biddulph, of Biddulph, Efq; /P7//m. Midleton, of Stoelon, Efq; iV/V/&. Errington, Efq; Langre Errington, Efq; yoj& jWj, of Dingle tow, Efq; Jo/jw Wefton, Efq; jfi&/7. Hung ate, Efq; &?. DoUman, Gent. [ UO ] Rich. Majley, Gent. George Smithy Gent. Ralph Pudfey, Gent. More Catholics, whofe Eftates were fold by a- nother RUMP -ACT, made November 1 8th, 1652. Henry, Lord Arundel, of Wardmr, who raf- fed a Regiment of Horfe for the King, and whofe Caftle of War dour was fo gallantly de- fended againft Edward Hunger ford. Henry Lord Morley and Mounteagle. Willm. Lord Ewre. Willm. Lord Powis, who held long his Caftle of Powis againft the Enemy ; and, being taken in it, was kept a great while Prifoner at Staf- ford, and died in Durance at London. Lord Charles Somerfet, Sir Walter Blunt, long a Prifoner in the Tower. Sir Edwd. Withrington, who raifed a Regiment of Horfe. Sir Richd. lichburn. Sir Charles Blunt, flain by one of his own Cap- tains, Sir J. Clavering, died a Priipner at London. Sir John Cansfield. Sir John Thimelby of Ernam. Sir Philip Conf table. Sir Edw. Plimpton. Sir Mr. Thornton-, who raifed a Troop of Horfe at his own Charge. Hugh Anderton, of Exton. Thomas Langtree, of Langtree. Will Hoghton, Efq ; Will Hefketh, Efq ; Will. Latham, Efq; c fin i Thomas Singleton, Efq; John Wcjlby, Efq; Sir Edwd. Cbarkton, IVill. Sheldon, of Beely, Efq ; Will. Gage, of Bently, Efq; iT/fo. Clavering, Efq; J^w Plumpton, Efq; Marm. Holby, Efq; //. Englefield, Efq; .&?. Wigmore, Efq; .&?. Cramblington, Efq; /?7//. Sherbum, Efq; 7 1 The Jeveral Arguments of Sir Stephen Rice, Sir Theobald Butler, and Counfellor Malone, at the Bar of the Houfe of Commons of Ireland, Feb. 2 2d and at the Bar of the Houfe of Lords Feb. zStb 1703, againf paffing the BUI intitu- led. An Aft to prevent the further Growth of Popery. THE Papifts of Ireland obferving that the Houfe of Commons, were preparing the Heads of a Bill to be tranfmitted to England, to be drawn up into an Act, to pre- vent the further Growth of Popery, and having in Vain endeavoured to put a Stop to it there ; at its Remittance back again to Ireland, pre- fented to the Houfe of Commons a Petition in the Names of Nicholas Ld. Vifc. King/land, Colonel J. Brown, Colonel Burk, Colonel Robert Nugent, Major Pat. Allen, Captain Arthur French, and other Roman Catholicks of Ireland, praying to be heard by their Council againft the pafling the faid Bill, then under Confederation of the faid Houfe ; and to have a Copy of the Bill, and a reafonable Time to fpeak to it before it palTec?. Which Petition being referred to the Committee of the whole Houfe, to whom the Confideration of the faid Bill was referred, it was Ordered, that the Petitioners jhould have a Copy of the faid Bill, and be heard by their Council, before the faid Com- mittee. And in Purfuance of that Order, Sir Theobald Butler, Counfellor Malone, and Sir Stephen Rice; (the two firft in their Gowns as Council for the Petitioners in general, and the iaft without a Gown, only as a Petitioner, in his private Capa- city,) together with many others, upon Tuefday the- %%& of ftb. i'jos -, appeared at the Bar of R 2 the [ 124 ] the faid Houfe of Commons, where Sir Theobald Butler, firft moved, and acquainted the Home, that " by the Permiifton of that Houfe, he was ** come thither in behalf of himfelf, and the reft " of thfc Roman Catholics of Ireland comprized ' in the Articles of Limerick and Galway, to " offer fome Reafons which he and the reft of " the Petitioners, judged very material againft " palling the Bill, intituled An Ac! to prevent the " further Growth of Popery j that by Leave of " the Houfe, he had taken a Copy of the faid " Bill (which he had there in his Hand,) and " with Sub million, look'd upon it to tend to the f* deftroyi:g of the faid Articles, granted upon " the moft valuable Confiderations of iurrender- " ing the faid Garrifons, at a Time, when they " had the Sword in their Hands ; and for any " Thing that then appeared to the contrary, " mignt have been in a Condition, to hold out " much longer, and when it was in their Power " to demand, and make for themfelves fuch "' Terms, as might be for their then future " Liberty, Safety and Security : and that too, " when the allowing fuch Terms, were highly " advantagious to the Government, to which, " they fubmitted ; as well for uniting the People, *' that were then divided, quieting and fettling " the Diffractions and Diforders of this then mi- " ferable Kingdom, as for the other Advantages " the Government would thereby reap in its " own Affairs, both at home and abroad ; when " its Enemys were fo powerful both by Sea and " Land, as to give Doubt or Interruption, to its " Peace and Settlement." " That by fuch their Power, thofe of Limerick " did for themfelves, and others therein compriz'd, " obtain, and make fuch Articles, as by which, all the C( [ 125 ] the Irijh Inhabitants in the City and County of Limerick, and in the Counties of Clare, Kerry, Cork, Shgo and Mayo, had full, and free Pardon of and tor all Attainders, Out-Lawnes, Treajons, Mifprifion of Treafons, Felonies, Tre/pajfes and other Crimes whatever, which at any Time from the Beginning of King James the Second, to the 3d of Oclober 1691, had been acted, committed, or done, by them, or any of them; and by which they and their Heirs were to be forthwith put in PoffeiTion of, and for ever pof- lefs, and enjoy all and every of their Freeholds, and Inheritance ; and all their Rights, Titles, and Inter efts, Priviledges and Immunities, which they and every of them held and enjoy'd, and by the Laws in force were intituled unto, in the Reign of King Charles the fecond, or at any Time fince, by the Laws and Statutes that were in force in that Reign, &c. and thereupon read fo much of the fecond Article of Limerick, as tended to that Purpofe. " That in the Reign of King Charles the fecond the Petitioners, and all that were intituled to the Benefit of thofe Articles, were in fuch full and free PoiTefiion of their Eftates; and had the fame Power to fell, or otherwife to difpofe, or convey them, or any other Thing they enjoyed; and were as rightfully intituled to all thePriviledges, Immunities, and other Advantages whatever ac- cording to the Laws then in Force, as any other Subjects whatfoever, and which therefore with- ; out the higheft Injuftice, could not be taken '- from them, unlefs they had forfeited them ; themfelves. " That if they had made any fuch Forfeiture, it ' was either before or after the making the faid ' Articles: if before, they had a full and free Par- don [ 126 ] " don for tVut by the faid Articles, fefc. and there- 44 fore are not accountable by any Law now in " Force for the fame ; and for that Reafon not " now to be charged with it, and fince they can- 44 not be charged with any general Forfeiture of 44 thofe Articles fince, they at that fame Time 4< remained as abfolutely intituled to all the Pri- 44 viledges, Advantages and Benefits of the Laws " both already made, and hereafter to be made, as 44 any other of Her Majefty 's Subjects whatfoever. " That among all Societies there were fome ill 44 People^ but that by the ioth Article of Limerick 44 the whole Community is not to be charged with, " nor forfeit, by the Crimes of particular Perfons. 44 That there were already wholfome Laws in " Force fufficient, and if not, fuch ae were want- 4t ing might be made, to punifh every Offender *' according to the Nature of the Crime : and in 44 the Name of God let the Guilty fuffer for their 44 own Faults ; but the Innocent ought not to fuf- u fer for the Guilty, nor the Whole for any Parti- 44 cular. That furely they would not now (they 4 had tamely got the Sword out of their Hands) 44 rob them of what then was in their Power to 44 have kept -, for that would be unjuft, and not 44 according to that Golden Rule, to do as they 44 would be done by, was the Cafe reverfed, and 44 the contrary Side their own. . * 4 That the faid ^r^V/^werefirft granted them 44 by the General of the Englijh Army, upon the 44 nloft important confideration of getting the City 44 of Limerick'mto his Hands (when it was in a Con- " dition to have held out, till it might have been 44 relieved by the Succours then coming to it from 44 France) and for preventing the further Effujion of 44 Blood, and the other ill Confequences, which (by ** Reafon of the then Divtfans and Dif orders) the Nation [ 127 ] " Nation then laboured under ; and for redu- '* cing thofe in Arms againft the Englijb Govern- " ment to its Obedience. " That the faid Articles were Signed and " Perfefted by the faid General, and the then " Lords Juftices of this Kingdom ; and after- " wards Ratifyed by their Late Majefiys, for " themfelves, their Heirs, and Succefjors ; and " have been fince confirmed by an Aft of Parlia- '* ment in this Kingdom, viz. Stat. 9. Guil. 3. " Sef. 4. Chap. 27. (which he there produced ** and pleaded,) and laid could not be avoid- " ed without breaking the faid Articles, and " the Public k Faith thereby plighted to all 4t thofe comprized under the faid Articles, in " the moll folemn and engaging Manner, 'tis " poflible for any People to lay themfelves under ; " and than which nothing could be more fa- " cred and binding. That therefore to violate, " or break thofe Articles, would on the con- " trary be the greateft Injuftice poffible for " any one People of the whole World to inflict *' upon another, and which is contrary to both " the Laws of God and Man. w That Purfuant to thefe Articles, all thofe Irifo " then in Arms againft the Government, did ** fubmit thereunto, and furrendered the faid City " of Limerick, and all other Garrifons then re- " maining in their Pofleifion ; and did take fuch ** Oaths of Fidelity to the King and Queen, Site. " as by the faid Articles they were obliged to, and " were put into Pofleffion of their Eftates, &c, * c That fuch their Submiffion was upon fuch " Terms, as ought now, and at all Times be made u good to them ; but that if the Bill then before the u Houfe, intituled An Aft to prevent the further " Growth of Popery, fhouid pafs into a Law (which faid [ 128 ] il faid he God forbid) it would be not only a ** Violation of thofe Articles, but alfo a manifeft " Breach of the Public Faith, of which the En- " glifi na d always been moft Tender in ma- *' ny Inftances, fome of which he there quoted ; u and that, in particular, in the Preamble of the " Acl before mentioned, made for Confirmation ** of thefe Articles, wherein there is a particular u Regard, and Refpedt had to the Pubhck Faitb. " That fince the faid Articles were thus under " the moft folemn Ties, and for fuch valuable " Confiderations, granted the Petitioners, by no- " thing lefs than the General of the Army, the " Lords Jujlices of the Kingdom, the King, " Queen, and Parliament, the Publick Faitb of the ". Nation was therein concern'd, obliged, bound, " and engaged, as fully, and firmly, as was poflible " for one People to Pledge Faith to another " that therefore this Parliament could not pafs " fuch a Bill, as that, Intituled An Acl to pre* " vent the further Growth of Popery, then before " the Houfe, into a Law, without infringing li j thofe Articles, and a manifeft Breach of the " Publick Faith ; of which he hop'd that Houfe, " would be no lefs regardful, and tender, than " their Predeceffors, who made the Acl for con-* '* firming thofe Articles had been, " That the Cafe of the Gibeonites, 2 Sam. 21. " 1. was a fearful Example of breaking of " Publick Faith, which above a 100 Years after " brought nothing lefs, than a three Years Famine " upon the Land, and flayed not till the Lives " of all Saul 's Family atton'd for it.. " That even among the Heathens, and moft bar~ " barous of Nations, all the World over, the Pub- " lick-Faith had always been held moft J acred, and binding. i. [ i$9 ] binding, that furely it would find no Ies a Re- gard in that Augufl AlTembly. " That if he proved that the palling that Act, was fuch a rnanifefl Breach of thole Articles, and confequently of the Publick Faith, he hop'd that Honourable Houfe would be very tender, how they patted the faid Bill before them into a Law ; to the apparent Prejudice of the Petitioners, and the Hazard of bringing upon themfelves and Polterity, fuch Evils, Reproach and Infamy, as the doing the like had brought upon other Nations and People. " Now, that the palling fuch a Bill, as that then before the Houfe to prevent the further Growh of Popery, will be a Breach of thofe Ar- ticles, and confequently of the Publick Faith, I prove (faid he) by the following Argument. " The Argument then is (faid he) whatever mall be Enacled to the Prejudice or Dejiroy- ing of any Obligation, Covenant or Contracl, in the moll folemn Manner, and for the moll va- luable Confideration enter'd into, is a manifelt Violation, and Dejlruclion of every fuch Obli- gation, Covenant and Contract : but the palling that Bill into a Law, will evidently and abfo- lutely deltroy the Articles of Limerick and Gal- way, to all Intents and Purpofes, and there- fore the pajfing that Bill into, a Law, will be fuch a Breach of thofe Articles ; and confequent- ly of the Publick Faith, plighted for performing thofe Articles ; which remain'd to be prov'd. " The Major is prov'd (faid he) for that what- ever deflroys or violates any Contract or Obli- gation, upon the raoft valuable Confiderations, molt folemnly made, and entered into ; deflroys and violates the End of every fuch Contract or Obligation : but the End and Dejign of thofe Ar- S tides [ ISO ] " tides was, that all thofe therein compriz'd, and " every of their Heirs, fhould Hold, Poffefs and " Enjoy, all and every of their EJiates of Freehold " and Inheritance, and all the Rights, Titles, and " Inter efts, Priviledges and Immunities, which " they, and every or them held, enjoyed, or were " rightfully intituled to, in the Reign of King " Charles the fecond ; or at any Time fince, by " the Laws and Statutes that were in Force in " the faid Reign in this Realm : but that the " Defign of this Bill, was to take away every fuch " Right, Title, Inter eft, $c. from every Father " being a Papift, and to make the Popifi Father, " who by the Articles and Laws, aforefaid, had an *' undoubted Right, either to fell or otherwife at " Pleafure to difpofe of his Eftate, at any Time " of his Life, as he thought fit; only Tenant for " Life: and confequently difabled from felling, " or otherwife difpofing thereof after his Son or " other Heir mould become Proteftant; tho' o- " therwife never fo difobedient, profligateor extra- " vagant : Ergo, this Ad tends to the deftroying " the End for which thofe Articles were made, " and confequently the breaking of the Publick - Faith, plighted for their Performance. " The Minor is proved by the 3d, 4th, 5th, " 6th, 7th, 8th, 9th, 15th, 1 6th, and 17th, Clau- < fes of the faid Bill, all which (faid he) I mail " confider and fpeak to, in the Order as they " are placed in the Bill. " By the firft of thefe Claufes (which is the 3d, " of the Bill,) I that am the Popifi Father, with- " out committing any Crime againft the State, or " the Laws of the Land, (by which only I ought tc to be govern'd) or any other Fault ; but mecr- " ly for being of the Religion of my Fore- Fathers, " and that which till of late Years, was the anti- ent [ >3' ] " ent Religion of thefe Kingdoms, contrary to the " exprefs Words of the fecond Article of Limerick, " and the Publick Faith, plighted as aforefaid " for their Performance -, am deprived of my " Inheritance, Freehold, &c. and of %U other Ad- " vantages which by thofe Articles, and the " Laws of the Land, I am intituled to enjoy, " equally with every other of my fellow Subje&s, " whether Proteftant or Popifh. And tho' fuch * my Eftate be even the Pur chafe of my own " hard Labour and Induftry : yet I fhall not '- (tho' my Occafion be never fo prefiing,) have " Liberty (after my eldeft Son or other Heir be- " comes a Proteftant) to fell, mortgage, or other- " wife difpofe of, or charge it for Payment of " my Debts j or have Leave out of my own " Eftate, to order Portions for my other Chil- " dren ; or leave a Legacy, tho' never fo fmall, " to my poor Father or Mother, or other poor " Relations ; but during my own Life, my Eftate " fhall be given to my Son .or other Heir being " a Proteftant, tho' never fo undutiful, profligate, " extravagant or otherwife undeferving ; and I " that am the Purchafing Father, fhall become " Tenant for Life only, to my own Purchafe, *' Inheritance and Freehold-, which I purchafed with " my own Money : and fuch my Son or other " Heir, by this Atl, fhall be at Liberty to fell, or " otherwife at pleafure to difpofe of my Eftate, " the Sweat of my Brows, before my Face; and I " that am the Purchafer, fhall not have Liberty " to raife one Farthing upon the Eftate of my " own Purchafe, either to pay my Debts, or " portion my Daughters, (if any I have,) or make u Provifwns for my other Male Children tho' //?, deprived of fuch Inheritance, Devife, Gift, " Remainder, or Trujl, of any Lands, Tenements, " or Hereditaments, of which any Proteftant u now is, or hereafter (hall be feized in Fee-Jim- " & abfolute, or Pee-tail, which by the Death of " fuch Proteftant, or his Wife, ought to defcend a immediately to his Son or Sons, or other Ijjue in " TW/, being fuch Papifi s, and 1 8 Years of Age ; " or, if under that Age, within 6 Months after u coming to that Age, ihall not conform to the ft Church of Ireland, as by Law eftablifhed ; " and every fuch Divife, Gift, Remainder, or ,'* Truft, which, according to the Laws of the * Land, and fuch native Right, ought to de- " fcend to fuch Papifi, (hall, during the Life of " fuch Papifi (unlefs he forfake his Religion,) " defcend to the nearefl Relation that is a Prote- " flan-t, and his Heirs, being and continuing Pro- " Hfiants, as tho' the faid Popijh Heir and all %< other Popijh Relations were dead; without be- *' ing accountable for the fame : Which is No- " thing iefs than robbing fuch Popijh Heir of " fuch his Birth-right ; for no other Reafon, " but his being and continuing of that Religion, *' which by the firfi of Limerick Articles, the " Roman- Catholics of this Kingdom were to en- " joy, as they did in the Reign of King Charles ** fl. and then there was no Law in Force, that " deprived any Roman-Catholic of this Kingdom ** of any fuch their native Birth-right, or any c other Thing, which, by the L^w of the Land <; then in Force, any other Feliow-fubje&s were " intituled unto. 4 * The 8 th Clauje of this Bill, is to ereft in 4< this Kingdom a Law of Gavel-kind sl Law m itfelf [ *39 ] irfelf fo monfirous and ftrange, that I dare' fay this is the firil Time it was ever heard of in the World ; a Law fo pernicious and deftructive to the Well-being of Families and Societies, that in an Age or two, there will hardly be any Remembrance of any of the antient Roman-Catholic Families known in the Kingdom ; a Law which therefore I may a- gain venture to fay, was never before known or heard of in the Univerfe ! M There is, indeed, in Kent, a Cufiom, cali'd the Cujiom of Gavel-kind ; but I never heard of any Law for it till now ; and that Cufiom is far different from what by this Bill is intend- ed to be made a Law ; for there, and by that Cufiom, the Father, or other Perfon, dying pof- feffed of any Eftate of his own Acquifition, or not entailed, (let him be of what Perfuafion he will) may by /^///bequeath it at Pleafure : Or if he dies without Will, the Eftate fhall not be divided, if there be any male Heir to in- herit it ; but for want of male Heir, then it fhall defcend in Gavel-kind among the Daugh- ter s y and not other wife. But by this A3, for Want of a Protejlant Heir, enroled as fuch within three Months after the Death of fuch Papijl, to be divided, Share and Share like, a- mong all his Sons ; for Want of Sons, among his Daughters ; for Want of fuch, among the collateral Kindred of his Father ; and in Want of fuch, among thofe of his Mother ; and this is to take Place of any Grant, Settlement, &c. other than Sale, for valuable Confideration of Money, really, bona fide, paid. And fhall I not call this a ftrange Law ? Surely it is afirange Law, which, contrary to the Laws of all Na- tions, thus confounds all Settlements, how an- il z tient [ MO ] a tient foever, or otherwife warrantable by all " the Laws heretofore in Force, in this, or any " other Kingdom. " The 9th Claufe of this Acl, is another ma- " nifeft Breach of the Articles of Limerick ; for " by the 9th of thofe Articles, no Oath is to be " adminiftered to, nor impofed upon fuch Roman ** Catholics,, as mould fubmit to the Government, " but the Oath of Allegiance, appointed by an " A 51 of Parliament made in England, in the fir Jl " Tear of the Reign of their late Majeflies King " William, and Queen Mary, {which is the " fame with the firfl of thofe appointed by the \oth " Claufe of this A6t :) But by this Claufe, none " fhall have the Benefit of this Aft, that fhall " not conform to the Church of Ireland, fub- " fcribe the Declaration, and take and Jubfcribe " the Oath of Abjuration, appointed by the gth u Claufe of this Aft ; and therefore this Acl is a " manifeft Breach of thofe Articles, &c. and a " Force upon all the Roman-Catholics therein com- " prized, either to abjure their Religion, or part "**" with their Birth-rights ; which, by thofe Arti- " cles, they were, and are, as fully, and as right- " fully intituled unto, as any other Subjects " whatever. " The 10th, nth, 12th, 13th, and 14th, Clau- *' fes of this Bill, (faid he) relate to Offices and " Employments, which the Papijls of Ireland can- " not hope for the Enjoyment of, otherwife than " by Grace and Favour extraordinary ; and " therefore, do not fo much arTecl; them, as it *' does the Prottflant Dijfenters, who (if this Bill " pafs into a Law) are equally with the Papifts *' deprived of bearing any Office, civil or mili- " tary, under the Government, to which by Right " of Birth, and the Laws of the Land, they are [ Hi ] " are as indifputably intituled, as any other their " Proteftant Brethren : And if what the Irijh did u in the late Diforders of this Kingdom, made " them Rebels, (which the Prefence of a King, " they had before been obliged to own, and " fwear Obedience to, gave them a reafonable " Colour of concluding it did not,) yet furely " the Diffenters did not do any Thing to make " them fo ; or to deferve worfe at the Hands of " the Government, than other Proteftants ; but, " on the Contrary, it is more than probable, that " if they, (I mean the Diffenters) had not put a " Stop to the Career of the Irijb Army at Eni- " Jkillen, and Lcndon-Derry , the Settlement of M the Government, both in England and Scotland, " might not have proved fo eafy, as it thereby did ; for if that Army had got to Scotland, (as ** there was Nothing at that Time to have hin- u dered them, but the Bravery of tbofe People, " who were moflly Diffenters, and chargeable " with no other Crimes fmce ; unlefs their clqfe " adhering to, and early appearing for the then " Government, and the many faithful Services they " did their Country, were Crimes) I fay (faid he) " if they had got to Scotland, when they had " Boats, Barks, and all Things elfe ready for l< their Tranfportation, and a great many Friends " there in Arms, waiting only their coming to " join them , it is eafy to think, what the Con- M fequence would have been to both thefe King- " doms ; and thefe Diffenters then were thought " fit for Command, both civil and military, and " were no lefs inftrumental in contributing to " the Reducing the Kingdom, than any other " Protejlants : And to pafs a Bill now, to de- " prive them of their Birth-rights, (for thofe " their good Services,) would furely be a mod unkind [ 142 ] unkind Return, and the word Reward ever granted to a People fo deferving. Whatever the Papifts may be fuppofed to have deferved, the Diff enters certainly (land as clean in the Face of the prefent Government, as any other Peo- ple whatfoever : And if this is all the Return they are like to get, it will be but a flendcr Encouragement, if ever Occafion mould re- quire, for others to purfue their Examples. " By the 15th, 16th, and 17 th, Claufes of this Bill, all Papifts, after the 24th of March 1703, are prohibited from Purchafing any Houfes or Tenements, or coming to dwell in Limerick or Galway, or the Suburbs of either, and even fuch as were under the Articles, and by Virtue thereof have ever fince lived there, from flaying there ; without giving fuch Secu- rity as neither thofe Articles, nor any Law heretofore in Force, do require ; except Sea- men, Fijhermen, and Day Labourers, who pay not above forty Shillings a Year Rent ; and from voting for the Eletlion of Members of Parliament, unlefs they take the Oalb of Abju- ration ; which, to oblige them to, is contrary to the 9th of Limerick Articles ; which, as a- forefaid, fays, the Oath of Allegiance, and no other, (hall be impofed upon them ; and, un- lefs they abjure their Religion, takes away their Advowfons and Right of Prefentation, contrary to the Privilege of Right, the Laws of Nations, and the Great Charter of Magna Chart a ; which provides, that no Man mall be dijjeized of his Birthright, without commit- ting fome Crime againft the known Laws of the Land in which he is born, or inhabits. And if there was no Law in Force, in the Reign of King Charles the II. againft thefe Things, [ '43 1 " Things (as there certainly was not) and if the " Roman-Catholics of this Kingdom have not " fmce forfeited their Right to the Laws that " then were in Force ; (as for certain they have " not) then with humble Submirlion, all the a- " forefaid Claufes and Matters contained in this " Bill, intituled, An Aft to prevent the further u Growth of Popery, are directly againft the " plain Words and true Intent and Meaning of " the faid Articles, and a Violation of the pub- " lick Faith, and the Laws made for their Per- " formance ; and what I therefore hope (faid he) " this Honourable Houfe will confider accord- " ingly." Counfellor Malone and Sir Stephen Rice made Difcourfes on the fame Side ; the latter, not as a Counfel, but as a Petitioner, likely to be ag- grieved by the palling of the faid Act : But in the Courfe of the Reply to the Arguments of thofe Gentlemen, it was objected, that they had not demonftrated how and when (fince the mak- ing of the Articles of Limerick) the Papifts of Ireland had addrefied the Queen or Government, when all other Subjects were fo doing, or had otherwife declared their Fidelity and Obedience to the Queen. It was (among other Things) obferved, that by a Provifo at the latter End of the fecond of thofe Articles, none was to have or enjoy the Benefit thereof, that mould refufe to take the Oath of Allegiance. That any Right which the Papifis pretended to be taken from them by the Bill, was in their own Power to remedy, by conforming ; as in Prudence, they ought to do; and that they ought not to blame any but themfelves. The [ *44 1 The next Day the Bill Avas ordered to be en- groflfed and fent to the Lords. The Petitioners having applied to the Lords alfo, for Leave to be heard by their Counfel a- gainft the Bill, the fame was granted ; and the fame Counfel, upon Monday, February 28th, ap- peared there, and offered fuch-like Arguments as they had made Ufe of in the other Houfe : They told their Lordfhips, that it had been ob- jected by the Commons, that the paffing that Bill would not be a Breach of the Articles of Limerick, as had been fuggefted ; becaufe, the Perfons therein comprized were only to be put into the fame State they were in the Reign of Charles II. and becaufe, that in that Reign there was no Law in Force which hindered the pairing any other Law thought needful for the future Safety of the Government. That the Commons had further fayed, that the paffing this Bill was needful at prefent, for the Security of the King- dom ; and that there was not any Thing in the Articles of Limerick that prohibited their fo do- ing. It was admitted, on the Part of the Peti- tioners, that the Legiilative Power cannot be confined from altering and making fuch Laws as fhall be thought neceflary, for fecur- ing the Quiet and Safety of the Government ; that in Time of War or Danger, or when there fhall bejuft Reafon to fufpect any ill Defigns to difturb the public Peace, no Articles or previ- ous Obligations, lhall tie up the Hands of the Legiilators from providing for its Safety, or bind the Government from di farming and fecur- ing any, who may be reafonably lufpefled of favouring or corresponding with its Enemies, or to be otherwife guilty of ill Practices : " Or in- 4." deed v C *45 ] " deed to enact any other Law," faid Sir Ste- phen Rice, " that may be absolutely needful for " the Safety and Advantage of the Public ; u fuch a Law cannot be a Breach ei- " ther of thefe, or any other like Articles. But " then fuch Laws, ought to be in " general, and mould not fingle out, or affect, " any one particular Part or Party of the Peo- " pie, who gave no Provocation to any fuch " Law, and whofe Conduct flood hitherto un- " impeached, ever fince the Ratification of the " aforefaid Articles of Limerick. To make " any Law that fhall fingle any particular Part " of the People out from the Reft, and take " from them what, by Right of Birth, and all " the preceding Laws of the Land had been " confirmed to, and intailed upon them, will, " be an apparent Violation of the original In- 11 ftitution of all Right, and an ill Preiident to " any that hereafter might diflike either the " prefent or any other Settlement, which mould " be in their Power to alter ; the Confequence " of which is hard to imagine." The Lord Chancellor having fummed up all that had been offered at the Bar, the Houfe pro- ceeded thereupon , the Bill was read through ; and, to the great Mortification of that unhappy Party, was pafied ; and upon the 4th of March obtained the Royal Aflent. r cc [ 146 J [ No. VII. ] Extratl of King James' j Proclamation, Anno, 1603. " A MONGST which foreign Powers, al- " \ though we acknowledge ourfelves to be " fo much beholden to the now Bifhop of Rome, for his kind Offices, and private temporal Carriage towards us, in many Things; as " we mall be ever ready to requite the fame to- " wards him, as Bifhop of Rome, in State and " Condition of a temporal Prince," &c. [ No. VIII. ] Extratl of the Supplication of the Englifli Roman Catholics to King James, and the States of the Parliament, Anno, 1604. From Sir Peter Pett's Happy Future State of England, Preface, c< r-r-i H A T as to the Loyalty of their Priefts, " 1 they fhall readily take their corporal " Oaths for continuing their true Allegiance to 46 his Majefty, or the State ; or, in Cale that " be not thought AfTurance enough, that they " fhall give in fufficient Sureties, one or more, *' who fhall fland bound, Life for Life, for the " Performance of the faid Allegiance : And fur- * c ther, that if any of their Number be not able " to put in fuch Security ; that then they will " all join in fuch Supplication to the Pope, for " recalling fuch Prieils out of the Land." [ No. C H7 ] [ No. IX. ] Extra ft of a Paper privately written by Sir Eve- rard Digby, in Prifon, and now publijhed as authentic, by the Bijbop of Lincoln, in bis Hijiory of the Gun-powder-Treafon, p. 241. y e s u \ " 7 HAVE not named any, either living or " dead, that mould have hurt my Lord Sa- u lijbury, (Cecil,) and only intended thefe ge- *' neral Informations, to procure me Accefs of " fome Friend, that I might inform my Know- " ledge : For I never intended to hurt any " Creature, though it would have gained me all " the World. As ) et they have not got of me " the affirming that I know any Prieft particu- " larly, nor lfiall ever do, to the Hurt of any " but myfelf. Now for my Intention : " Let me tell you, That if I had thought there " had been the leaft Sin in the Plot, I would " not have been of it for all the World : And " no other Caufe drew me to hazard my For<- " tune and Life, but Zeal to God's Religion. " But now let me tell you, what Grief it hath " been to me to hear that fo much condemned, " which I did believe, would have been other- " wife thought on by Catholics : There is no u other Caufe but this, which hath made me 11 defire Life ; For when I came into Prifon, *' Death would have been a welcome Friend " unto me, and was mod defired ; but when I " heard how Catholics and Priefts thought of f * the Matter, and that it fhould be a great Sin that [ i 4 8 ] " that fhould be the Caufe of my Death , it " called my Confcience in Doubt, and my very " belt Actions, and Intentions, in Queftion ; u For I knew that myfelf might eafily be de- u ceived in fuch a Bufinefs. Therefore I pro- M ted unto you, that the Doubts I had of my " own good State, which only proceed from the " Cenfure of others, caufed more Bitternefs of " Grief in me, than all the Miferies I ever fuf^ " fered ; and only this caufed me to wifh Life, ct until I might meet with a ghoftly Friend. " For fome good Space I could do Nothing, " but with Tears afk Pardon at God's Hands, " both in Actions, and Intentions, in this Bufi- " nefs, and in my whole Life , which the Cen- " fure of this, contrary to. my Expectance, " caufed me to doubt : I did humbly befeech, " that my Death might fatisfy for my Offence, " which I fhould and (hall offer moil gladly to " the Giver of Life. I allure you, as I hope " God, that the l&ve of my Eftate and world- " ly Happinefs, did never trouble me, nor the *' Love of it, fince my Imprifonment, did move " me to wifh Life. But, if that I may live to " make Satisfaction to God and the World, u where I have given any Scandal ; I (hall not " grieve, if I fhould never look living Creature ii in the Face again -, and, befides that Depriv- Ci ation. endure all worldly M'fery," &c. [ H9 ] [ x. ] Extracl of a Letter of Henry Earl of Clarendon, Lord Lieutenant of Ireland, to the Earl of Sun- derland, principal Secretary of State to King James lid. Dublin Cajlle, Novemb. zoth 1686. " np'HERE have of late been great " Rumours in the Counties of Waterford, " and Cork, of Plots, and Defigns of Rifing. " Sometimes it was pretended, that the Englifb " would cut the Throats of the Irijb, and fome- " times, .that the Irijb would do the fame to " the Englifb ; which caufed great Fears among " the poor People : Infomuch, that many of " them left their Houfes, and lay in the Fields. " Several Informations were brought to me of " great Meetings in the Night, of armed Men , " which I caufed to be ftri&ly examined ; and " feveral to be bound over to be profecuted, " who were informed againft ; and being well " Satisfied, by the Officers of the Army, who r Foot-fieps of any " fuch Meetings, I direded thejuftice^ f Peace " at the Michaelmas-Sellions to give it in Charge " to the Grand Juries to prefent all thofe reports " of Rifmgs, as lpread with a malicious Intention " to diflurb the Peace of the Kingdom ; and, if it be poffible, thereby to find out the fit -ft. Broa- chers of thofe Reports, that they may be pro- ceeded againjl according to Law. This had a good Effecl : Several Perfons were indicled, and Peo- ple have been very quiet, as to that Matter, ever. a i >5 ] " w ever fine <% in Munfier \ the Troops having Or- " ders 11:111 to watch whether there are any Night- " meetings, and to give an Account of them. " The like Alarms are now again very warmly x \ fpread in other Parts of the Kingdom, efpeci- u ally at the Beginning of this Mo th, in the " Counties of Weft-meatb and Longfot d I fhould " not have given your Lordfhip the Trouble of " an Account thereof; but that the Alarm given " lately at Athlone makes a great Noife here, " and probably may be written into England ; ^ and therefore I think it fit to give your Lord- " fhip the State of it, that you may know the " Truth, in Cafe you hear of it otherwife. It " is originally grounded upon a Letter from * Father Ambrofe Fitz-Gerald to Mr. Jo. Mahne, chers : Several Examinations have been taken, and no Proof made of the Numbers of arm- ed Men, which were (aid to have appeared iti particular Places, nor the Grounds of the frightful Reports yet difcovered. I have cau- fed a Narrative to be drawn out of the m< ft material Examinations, which are yet taken, that your Loidfhip may give the King an Ac- count of the Whole. Such Perfons as are therein mentioned, and who have not yet been examined, I have ordered to be examin- ed ; and, as foon as they are returned, your Lordfhip mail have an Account thereof. '* I have appointed the Sovereign of Athlone to difmifs his Watch, and to believe the Town fafe under the Care of the King's Sol- diers: * Major Connor's Troop of Dragoons is quartered there. I doubt nor, but this clofe Examining of every body will quickly make every body quiet, and put an End to thefe falfe Alarms. I likewife fend your Lord- fhip a Copy of Father Ambrofe Fitz-GeralcTs Examination, which I ordered to be taken after I had feen his Letter to Mr. Jo. Malone. I beg your Lordfhip's Pardon for the Length of this Letter, and am with great Refpec\ My Lord, Your Lordfliip's, &c. Clarendon. C. F. S. * Dwen O'Connor of Belanagare in the County of Rofcommon Efqj He followed the Fortune of the Royal Fa- mily, when in Exile ; was appointed Major in his Royal Highnefs the Duke of Gloucefter's Regiment, and was, on the Restoration of Charlps the 2d. rtitored to his Eftate, by a Uaufe in the Aft of Settlement. F I N / Si ()08C)X()fl()OQC)W()BC)K()8())fl(()BO)fl((W)Ofl() ERRATA in the Introduction. Page xiii. laft Line, for intile, read intitle. Line die laft but one, lor cruelly, read cruelly. ERRATA in the EJfay. Page 5, laft Line, dele and two or three other Priefls. Pa 6, firft L. for were read was.ib. fecond and laft 1. for they, r. he.\b. for their, r. bit. ib. after that, infert /&V"P- 7> I- fi f ^> f r ^0*> r * ^ ib- i' ne the fe- cond, for they, read iv. ib 1. 3, for /. P. 8. 1. 16, after d'tverfe infert of bis. V. 14, laft 1. but one, of the Notes; for P. 49, infert P. 47. ib. after 50, put See Saunderson'j K. James, P. 325. Page 17, Notes, 1. 7, inftead of Rap. K. James, read Bijhop a/Lincoln's /#/?. /"//&* Gun-powd.-pkt. --P. 19, Notes, 1. 7, after acquit, dele the Pope and P. 29, I. 4, for 1609, r. 1608. P. 39, I. 13, after //fo/ Letter, add /row LorJ Monteagle.--P. 41, Notes, laft line, for P. 320, r. P. 326,-P. 43, Notes, 1. 4, after the word Tryal, inftead of id. ib. infert Bijhop of Lincoln's Hijl. tjc.P. 57, Notes, line 2, for Doctor Cartelon, r. Doflor Carleton. P. 59, Notes, line 1, for id. ib. read Humes Reign of th Stuarts. P. . ib. Notes, laft line, infert, fee Appendix. P. 63, Notes, laft iine, for 1763, read 1761.--P. 70, Notes, 1. 3, for Bp. of London, read Bijhop of Lincoln. 1 .: ' I UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below I93S / RECD LD-URD m OCT 89 OUT 3 1S8 3 1119* SEP * MAR 241987 APR1S1S37 Form L-9-20m-8,'37 UWVERSITY OF CALIFORNIA AT LOS ANGELES DA 392 An essay towards E7R a n w history of \ the gun-powder y\j treason. 3 1158 00893 23* A A 000 098 653 9