'occultus hæreticus incidit in illas pænas.' objection made. Touching those of the laity, Hæretici omnes ipso jure sunt excommuniit is by some given out, that they are such men, cati, et à communione fidelium diris proscripas adinit just exception, either desperate in tionibus separati et quotannis in cæna Domini estate, or base, or not settled in their wits; 'excommunicantur à Papa:' So then every such as are sine religione, sine sede, sine fide, heretick stands and is reputed with them as sine re, et sine spe; without religion, without excommunicated and accursed, if not de facto, habitation, without credit, without means, yet de jure, in law and right, to all their intents without hope. But (that no man, though and purposes; therefore may he be deposed, never so wicked, may be wronged) true it is, proscribed and murdered. I, but suppose he they were gentlemen of good houses, of excel- be not a professed heretick, but dealeth relent parts, howsoever most perniciously se- servedly, and keepeth his conscience to himduced, abused, corrupted, and jesuited, of self; how stands he then? Simanca answers very competeut fortunes and states. Besides Quæri autem solet an hæreticus occultus exthat Percy was of the house of Northumber-communicatus sit ipso jure, et in alias etiam land, sir William Stanly, who principally im- 'pænas incidat contra hæreticos statutas? ployed Fawkes into Spain, and John Talbot of Cui quæstioni simpliciter jurisperiti responGrafton, who at the lease is in case of mispri-dent, quod etsi hæresis occulta sit, nihilominus sion of high-treason, both of great and honourable families. Concerning those of the spirituality, it is likewise falsiy said, That there is never a religious man in this action. For I never yet knew a treason without a Romish priest; but in this there are very many jesuits, who are known to have dealt and passed through the whole action: three of them are legiers and statesmen, as Henry Garnet alias Walley, the superior of the jesuits, legier here in England; father Cresswell, legier jesuit in Spain, father Baldwyn legier in Flanders, as Parsons at Rome; besides their cursory men, as Gerrard, Oswald, Tesmond, alias Greene-protinus subjecti et vassali ab eorum dominio way, Hammond, Hall, and other jesuits. So that the principal offenders are the seducing jesuits; men that use the reverence of religion, yea, even the most sacred and blessed name of Jesus, as a mantle to cover their impiety, blasphemy, treason and rebellion, and all manner of wickedness; as by the help of Christ shall be made most apparent to the glory of God, and the honour of our religion. Concerning this sect, their studies and practices principally consist in two dd's, to wit, in deposing of kings, and disposing of kingdoms: their profession and doctrine is a religion of distinctions, the greatest part of them being without the text, and therefore in very deed, idle and vain conceits of their own brains: Not having membra dividentia, that is, all the parts of the division warranted by the Word of God; and ubi lex non distinguit, nec nos distinguere 'debemus.' And albeit that princes hold their crowns immediately of and from God, by right of lawful succession and inheritance inherit by royal blood; yet think these jesuits with a rentibus leprosi generantur filii ;' Of leprous goose-quill, within four distinctions to remove parents, come leprous children.' So that saith the crown from the head of any king christened, Simanca, Propter hæresim regis, non folum and to deal with them, as the old Romans are rex regno privatur, sed et ejus filii a regni sucsaid to have done with their viceroys, or petty cessione pelluntur, ut noster lupus' (who is kings, who in effect were but lieutenants unto indeed, Vir secundum nomen ejus,' a wolf them, to crown and uncrown them at their as well in nature as name) luculenter probat.' pleasures. Neither so only, but they will pro- Now if a man doubt whom they here mean by scribe and expose them to be butchered by an heretick, Creswell in bis book called Philovassals, which is against their own canons, for pater, gives a plain resolution; Regnandi priests to meddle in cause of blood. And byjus amittit' (saith he) qui religionem Rothis means they would make the condition of a manam deserit,' he is the heretick we speak king far worse than that of the poorest crea- of; even whosoever forsakes the religion of ture that breatheth. First saith Simanca; the Church of Rome, he is accursed, deprived, liberantur; nec jus hoc recuperabunt, quam'vis postea reconcilientur ecclesiæ.' O' but, sancta mater ecclesia nunquam claudit gremium redeunti;' our holy mother the church never shuts her bosom to any convert. It is true, say they, but with a distinction, quoad animam: therefore so he may, and shall be restored; that is, spiritually, in respect of his soul's he: Ith. Quoad animar, he shall again be taken into the holy church; but not quvad regnum, in respect of his kingdom, or state temporal, he must not be restored; the reason is, because all hold only thus far, Modo non 'sit ad damnum ecclesiæ,' so that the church receive thereby no detriment. I, but suppose that such an unhappy deposed prince have a son, or lawful and right heir, and he also not to be touched or spotted with his father's crime, shall not he at least succeed, and be invested into that princely estate? Neither will this down with them: heresy is a leprosy, and hereditary disease: Et ex leprosis pa proscribed, never to be absolved but by the pope himself, never to be restored either in himself, or his posterity. veant. Princeps indulgendo hæreticos non 'solum Deum offendit, sed perdit et regnum et gentem.' Their conclusion therefore is, that for heresy, as above is understood, a prince is to be deposed, and his kingdom bestowed by the pope at pleasure; and that the people, upon pain of damnation, are to take part with him whom the pope shall so constitute over them. And thus whilst they imagine with the wings of their light-feathered distinctions to mount above the clouds and level of vulgar conceits, they desperately fall into a sea of gross absurdities, blasphemy, and impiety. And surely the Jesuits were so far ingaged in this treason, as that some of them stick not to say, that if it should miscarry, that they were utterly undone, and that it would overthrow the state of the whole society of the Jesuits: And I pray God that in this, they may prove true prophets, that they may become like the Order of Templarii, so called for that they kept near the sepulchre at Jerusalem, who were by a general and universal edict in one day throughout Christendom quite extinguished, as being ordo impietatis, an order of impiety. And so from all sedition and privy conspiracy, from all false doctrine and heresy, from hardness of heart, and contempt of thy word and commandment, Good Lord, deliver us.' Their protestations and pretences, are to win souls to God; their proofs weak, light, and of no value; their conclusions false, damnable, and damned heresies: The first mentioneth God, the second savoureth of weak and frail man, the last of the devil; and their practice easily appeareth out of the dealing of their holy father. 6 One place amongst many out of Creswell's Philopater, shall serve to give a taste of the jesuitical spirits and doctrine; which is, sect. 2. page 109. Hinc etiam infert universa theologorum ac jurisconsultorum ecclesiasticorum 'schola (et est certum et de fide) quemcunque 'principem Christianum, si à Religione Catholica manifesto diflexerit, et alios avocare voluerit, excidere statim omni potestate ac dignitate, ex ipsa vi juris tum humani tum divini, hocque antedictam sententiam supremi pastoris ac judicis contra ipsum prolatam, et sub'ditos quoscunque liberos esse ab omni juramenti obligatione, quod de obedientia tanquam principi legitimo præstitissent; posseque et debere (si vires habeant) istiusmodi hominem tanquam apostatam, bæreticum, ac Christi Domini desertorem, et reipub. suæ inimicum hostemque ex hominum Christianorum dominatu jicere, ne alios inficiat, vel suo exemplo aut imperio à fide avertat. Atque hæc certa, definita et indubitata virorum doctissimorum 'sententia. That is, this inference also doth the whole school both of divines and lawyers make, (and it is a position certain, and to be undoubtedly believed) that if any Christian prince whatsoever, shall manifestly turn from the Catholic religion, and desire or seek to reclaim, other men from the same, he presently falleth from all princely power and dignity; and that also by virtue and force of the law itself, both divine and human, even before any sentence pronounced against him by the supreme pastor and judge. And that his subjects, of Henry 3rd of France for killing a cardinal was what estate or condition soever, are freed from excommunicated, and after murdered by James all bond of oath of allegiance, which at any time Clement a monk: That fact doth Sixtus Quinthey had made unto him as to their lawful tus then pope, instead of orderly censuring prince. Nay, that they both may and ought, thereof, not only approve, but commend in a provided they have competent strength and long consistory oration. That a monk, a reforce, cast out such a man from bearing rule ligious man, saith he, hath slain the unhappy amongst Christians, as an apostate, an heretic, French king, in the midst of his host, it is rarum a backslider and revolter from our Lord Christ, insigne, memorabile facinus, a rare, a notable, and an enemy to his own state and common- and a memorable act: yea further, it is facinus wealth, lest perhaps he might infect others, or non sine Dei optimi maximi particulari proviby bis example or command turn them from 'dentia et dispositione, &c. A fact done not the faith. And this is the certain, resolute, and without the special providence and appointundoubted judgment of the best learned men. 'ment of our good God, and the suggestion and But Tresham in his book, De Officio Principis assistance of his holy spirit; yea, a far greater Christiani, goeth beyond all the rest; for he work than was the slaying of Holofernes by plainly concludeth and determineth, that if any holy Judith. Verus monachus fictum occideprince shall but favour, or shew countenance to rat, A true monk had killed the false monk; an heretick, he presently loseth his kingdom. for that, as was reported, Henry 3 sometimes In his fifth chapter, he propoundeth this pro- would use that habit when he went in procesblem, An aliqua possit secundum conscien- sion and for France, even that part thereof tiam subditis esse ratio, cur legitimo suo regi which entertaineth the popish religion, yet never ⚫ bellum sine scelere moveant?' Whether there could of ancient time brook this usurped authomay be any lawful cause, justifiable in con-rity of the see of Rome, namely, that the pope science, for subjects to take arms without sin, against their lawful prince and sovereign? The resolution is, 'Si princeps hæreticus sit et obstinate ac pertinaciter intolerabilis, summi pastoris divina potestate deponatur, et aliud caput constituatur, cui subditi se jungant, et legitimo ordine et authoritate tyrannidem amo had power to excommunicate kings, and absolve subjects from their oath of allegiance: which position is so directly opposite to all the canons of the church of France, and to all the decrees of the king's parliament there, as that the very body of Sorbonne, and the whole university at Paris, condemned it as a most schismatical, pestilent, and pernicious doctrine of the Jesuits; as may appear in a treatise made to the French king, and set out 1602, intitled, Le franc Discours.' But to return to the Jesuits, Catesby was resolved by the Jesuits, that the fact was both lawful and meritorious; and herewith he persuaded and settled the rest, as they seemed to make doubt. was resolved, and that by good authority, as coming from the Superior of the Jesuits, that in conscience it might be done, yea, tho' it were with the destruction of many innocents, rather than the action should quaile. Likewise father Hammond absolved all the traitors at Robert Winter's house, upon Thursday after the discovery of the Plot, they being then in open rebellion: And therefore, Hos O Rex magne caveto:' and let all kings take heed, how they either favour or give allowance or connivance unto them. 2. The second Consideration respecteth the Persons against whom this treason was intended; which are, 1. The king, who is God's anointed. Nay, it hath pleased God to communicate unto him his own name; 'Dixi, Dii estis,' not substantially or essentially so, neither yet on the other side Usurpativè, by unjust usur Concerning Thomas Bates, who was Catesby's man, as he was wound into this treason by his master, so was he resolved, when he doubt ed of the lawfulness thereof, by the doctrine of the Jesuits. For the manner, it was after this sort: Catesby noting that his man observ'd him extraordinarily, as suspecting somewhat of that which he the said Catesby went about, called him to him at his lodging in Puddlewharf; and in the presence of Thomas Winter, asked him what he thought the business was they went about, for that he of late had so sus-pation, as the devil and the pope; but Potestapiciously and strangely marked them. Bates answer'd, that he thought they went about some dangerous matter, whatsoever the particular were: whereupon they asked, him again what he thought the business might be; and he answered that he thought they intended some dangerous matter about the parliament-house, because he had been sent to get a lodging near unto that place. Then did they make the said Bates take an oath to be secret in the action; which being taken by him, they then told him that it was true, that they were to execute a great matter; namely, to lay powder under the parliament-house to blow it up. Then they also told him that he was to receive the sacrament for the more assurance, and thereupon he went to confession, to the said Tesmond the Jesuit and in his confession told him, that he was to conceal a very dangerous piece of work, that his master Catesby and Thomas Winter had imparted unto him, and said he much feared the matter to be utterly unlawful, and therefore therein desired the counsel of the Jesuit; and revealed unto him the whole in-serving of the good lady Elizabeth the king's tent and purpose of blowing up the parliament- daughter, it should only have been for a time to house upon the first day of the assembly; at have served for their purposes, as being thought what time the king, the queen, the prince, the a fit project to keep others in appetite for their lords spiritual and temporal, the judges, the own further advantage; and then God knowknights, citizens and burgesses, should all have eth what would have become of her. To conbeen there convented and met together. But clude, against all the most honourable and prethe Jesuit being a confederate therein before, dent counsellors, and all the true-hearted and resolved and incouraged him in the action; worthy nobles, all the reverend and learned and said that he should be secret in that which bishops, all the grave judges and sages of the his master had imparted unto him, for that it law, all the principal knights, gentry, citizens was for a good cause. Adding moreover, that and burgesses of parliament, the flower of the it was not dangerous unto him, nor any offence whole realm. Horret animus, I tremble even to conceal it and thereupon the Jesuit gave to think of it: Miserable desolation! no king, him absolution, and Bates received the sacra- no queen, no prince, no issue male, no counselment of him, in the company of his master Ro- lors of state; no nobility, no bishops, no bert Catesby and Thomas Winter. Also when judges! O barbarous, and more than Scythian Rookwood in the presence of sundry of the trai- or Thracian cruelty! No mantle of holiness can tors, having first received the oath of secrecy, cover it, no pretence of religion can excuse it, had by Catesby imparted unto him the Plot of no shadow of good intention can extenuate it; blowing up the king and state; the said Rook- God and heaven condemn it, man and earth wood being greatly amazed thereat, answered, detest it, the offenders themselves were ashamthat it was a matter of conscience to take away ed of it; wicked people exclaim against it, and so much blood: but Catesby replied, that he the souls of all true Christian subjects abhor it: tivè, as having his power derived from God miserable, but yet sudden had their ends been, who should have died in that fiery tempest, and storm of gunpowder. But more miserable had they been that had escaped; and what horrible effects the blowing up of so much powder and stuff would have wrought, not only amongst men and beasts, but even upon insensible creatures, churches, and houses, and all places near adjoining; you who have been martial men best know. For my self, Vox faucibus hæret: so that the king may say with the kingly prophet David; O Lord, the proud are risen against me, and the congregation, even synagoga, the synagogue of naughty men have sought after my soul, and have not set thee be'fore their eyes,' Psal. lxxxvi. 14. The proud have laid a snare for me, and spread a net abroad, yea, and set traps in my way. Psal. cxl. 5. But let the ungodly fall into their own nets together, and let me ever escape 'them,' Psalm,' cxli. 11. We may say, 'If the Lord himself had not been on our side; yea, if the Lord himself had not been on our side, when men rose up against us, they had swallowed us up quick, when they were so wrathfully displeased at us; but praised be the Lord, which hath not given us over for a prey unto their teeth. Our soul is escaped even as a bird out of the snare of the fowler, the snare is broken, and we are delivered; our help standeth in the name of the Lord which ' hath made heaven and earth.' Psalm cxxiv. insolency, but impenitency and increase of sin. 4. We are to consider the Place, which was the sacred senate, the house of parliament. And why there? For that, say they, unjust laws had formerly been there made against catholicks: therefore that was the fittest place of all others to revenge it, and to do justice in. If any ask who should have executed this their justice, it was justice Fawkes, a man like enough to do according to his name. If by what law they meant to proceed; it was gunpowder-law, fit for justices of hell. But concerning those laws which they so calumniate as unjust, it shall in few words plainly appear, that they were of the greatest both moderation and equity that ever were any. For from the year 1 Elizabeth, unto 11, ali papists came to our church and service without scruple I myself have seen Cornwallis, Beddingfield, and others at church: so that then for the space of 10 years, they made no conscience nor doubt to communicate with us in prayer. But when once the Bull of Pope Pius Quintus was come and published, wherein the queen was accursed and deposed, and her subjects discharged of their obedience and oath, yea cursed if they did obey her; then did they all forthwith refrain the Church, then would they have no more society with us in prayer: so that recusancy in them is not for religion, but in an acknowledgment of the pope's power, and a plain manifestation what their judgment is concerning the right of the prince in respect of regal power and place. Two years after, viz. 13 Elizabeth, was there a law made against the bringing in of Bulls, &c. Anno 18, came Mayne a priest to move sedition. Anno 20, canie Campion the first Jesuit, who was sent to make a party here in England, for the execution of the former Bull: then follow treasonable books. Anno 23 Elizabeth, after so many years sufferance, there were laws made against recusants and seditious books: the penalty or sanction for recusancy, was not loss of life, or limb, or whole state, but only a pecuniary mulct and penalty, and that also until they would submit and conform themselves, and again come to Church, as they had done for 10 years before the Bull. And yet afterwards the Jesuits and Romish priests both coming daily into, and swarming within the realm, and infusing continually this poison into the subjects hearts, that by reason of the said Bull of Pius Quintus, her majesty stood excommunicated and deprived of her kingdom, and that her subjects were discharged of all obedience to her, endeavouring by all means to draw them from their duty and allegiance to her majesty, and to reconcile them to the Church of Rome; then 27 Eliz. a law was made, that it should be Treason for 3. The third consideration respects the Time when this Treason was conspired; wherein note that it was primo Jacobi, even at that time when his majesty used so great lenity towards Recusants, in that by the space of a whole year and four months, he took no penalty by statute of them. So far was his majesty from severity, that besides the benefit and grace before specified, he also honoured all alike with advancement and favours; and all this was continued until the priests Treason by Watson and Clarke. But as there is misericordia punien, so is there likewise crudelitas parcens: for they were not only by this not reclaimed but (as plainly appeareth) became far worse. Nay, the Romish Catholicks did at that very time certify that it was very like, the king would deal rigorously with them, and the same do these traitors now pretend, as the chiefest motive; whereas indeed they had Treason on foot against the king, before they saw his face in England neither afterwards, for all the lenity he used towards them, would any whit desist or relent from their wicked attempts. Nay, (that which cometh next to be remembered in this part of their arraignment) they would pick out the time of parliament for the execution of their hideous Treasons, wherein the flower of the land being assembled, for the honour of God, the good of his Church and this Common-any (not to be a priest and an Englishman, wealth; they might as it were with one blow, not wound, but kill and destroy the whole state: so that with these men, impunitas continuum affectum tribuit peccandi, lenity having once bred a llope of impunity, begat not only : VOL. II. born the queen's natural subject, but for any) being so born her subject, and made a Romish priest, to come into any of her dominions, to infect any of her royal subjects with their treasonable and damnable persuasions and prac N tices; yet so, that it concerned only such as were made priests sithence her majesty came to the crown, and not before. tinuing and carriage of this treason; to which purpose there were four means used: First, Catesby was commended to the marConcerning the execution of these laws, it is quis for a regiment of horse in the Low-Counto be observed likewise, that whereas in the tries, (which is the same that the lord Arondcl quinquenny, the five years of queen Mary, now hath) that under that pretence he might there were cruelly put to death about 300 per- have furnished this treason with horses without sons for religion; in all her majesty's time by suspicion. The second means was an oath, the space of 44 years and upwards, there were which they solemnly and severally took, as for treasonable practices executed, in all not well for secrecy, as perseverance and constancy 30 pr.esis, nor above five receivers and har-in the execution of their plot. The form of bourers of them; and for religion not any one. the oath was as follows: You shall swear by And here by the way, I desire those of parlia- the blessed Trinity, and by the sacrament ment to observe, that it is now questioned and you now purpose to receive, never to disdoubted, whether the law of recusants and re- close directly nor indirectly, by word or circonciled persons do hold for Ireland also, 'cumstance, the matter that shall be proposed and the parts beyond the seas that is, whe- to you to keep secret, nor desist from the exther such as were there reconciled be within 'ecution thereof, until the rest shall give you the compass of the statute or not, to the end it 'leave.'-This oath was, by Gerrard the Jesuit may be cleared and provided for. given to Catesby, Percy, Christ. Wright, and Thomas Winter at once; and by Greenwell the Jesuit, to Bates, at another time, and so to the rest. The third, was the Sacrament; which they impiously and devilishly prophaned to this end.-But the last, was their perfidious and perjurious equivocating, abetted, allowed, and justnied by the Jesuits, not only simply to conceal or deny an open truth, but religiously to aver, to protest upon salvation, to swear that which themselves know to be most false; and all this, by reserving a secret and private sense inwardly to themselves: whereby they are, by their ghostly fathers, persuaded, That they may safely and lawfully elude any question whatsoever. Now against the usurped power of the see of Rome, we have of former times about 13 several acts of parliament: so that the crown and the king of England is no ways to be drawn under the government of any foreign power whatsoever, neither oweth duty to any, but is immediately under God himself. Concerning the pope, for 5 of them, namely unto Sylvester, they were famous martyrs. But Quicunque desiderat primatum in terris, inveniet confusionem in coelis:' He that desires primacy upon earth, shall surely find confusion in heaven. 5. The fifth Consideration is of the end, which was to bring a final and fatal confusion upon the state. For howsoever they sought to shadow their impiety with the cloke of religion, yet they intended to breed a confusion fit to get new alterations; for they went to join with Romish Catholicks, and discontented persons. 6 And here was shewed a Book written not long before the queen's death, at what time Thomas Winter was employed into Spain, entituled, A Treatise of Equivocation. Which book being secu and allowed by Garnet, the superior of the Jesuits, and Blackwel the arch6. Now the sixth point, which is the means priest of England, in the beginning thereof, to compass and work these designs, were damn-Garnet with his own hand put out those words able: by mining, by 36 barrels of powder, having crows of iron, stones and wood laid upon the barrels to have made the breach the giater. Lord, what a wind, what a fire, what a motion and commotion of earth and air would there have been! But as it is in the book of Kings, when Elits was in the cave of the mount Horeb, and that he was called forth to stand before the Lord, behold a mighty strong wind rent the mountains, and brake the Tucks: sed non in vento Dominus,' but the Lord was not in the wind. And after the wind, came a commotion of the earth and air; Et non in commotione Dominus,'' the Lord was not in that commotion; and after the commotion came fire; et non in igse Domi6 mus," ,' the Lord was not in the fie. So neither was God in any part of this monstrous action. The authors whereof were in this respect worse than the very dorand spirit of Dives, who, as it is in the gospel, desid that others should not come in locum tormentorum.' in the title of equivocation,' and made it thus; A Treatise against Lying and fraudulent Dissimulation.' Whereas in deed and truth it makes for both, Speciosaque nomina culpæ imponis, Garnette tuæ.' And in the end thereof, Blackwel besprinkles it with his blessing, saying, Tractatus iste, valde doctus et vere pius, et Catholicus est; certe S. Scrip• turarum, patrum, doctorum, scholasticorum, cancnistarum, et optimarum rationum præsi diis plenissime firmat æquitatem æquivocationis; ideoque dignissimus est qui typis propagetur, ad consolationem aflictorum Catho• licorum, et omnium piorum instructionem. That is, This Treatise is very learned, godly, and Catholick, and doth most fully confirin the conity equivocation, by strong proofs out of holy Scriptures, fathers, doctors, sch ofe, canonists, and soundest reasons; • and therefore worthy to be published in prit, or the comfort of afflicted Catholicks, aduction of all the godly.' Now, in this Bock there is propositio menta 7. The next consideration is, the secret con- lis, abult, scripta, and mixtu; distinguishing |