Hæretici omnes ipso jure sunt excommuni'cati, et à communione fidelium diris proscrip• tionibus separati et quotannis in cæna Domini excommunicantur à Papa:' So then every heretick stands and is reputed with them as excommunicated and accursed, if not de facto, yet de jure, in law and right, to all their intents and purposes; therefore may he be deposed, proscribed and murdered. I, but suppose he be not a professed heretick, but dealeth reservedly, and keepeth his conscience to himself; how stands he then? Simanca answers, "Quæri autem solet an hæreticus occultus excommunicatus sit ipso jure, et in alias etiam pænas incidat contra hæreticos statutas? Cui questioni simpliciter jurisperiti respon

objection made. Touching those of the laity, it is by some given out, that they are such men, as adinit just exception, either desperate in estate, or base, or not settled in their wits.; such as are sine religione, sine sede, sine fide, sine re, et sine spe; without religion, without habitation, without credit, without means, without hope. But (that no man, though never so wicked, may be wronged) true it is, they were gentlemen of good houses, of excellent parts, howsoever most perniciously seduced, abused, corrupted, and jesuited, of very competent fortunes and states. Besides that Percy was of the house of Northumberland, sir William Stanly, who principally imployed Fawkes into Spain, and John Talbot of Grafton, who at the least is in case of mispri-dent, quod etsi hæresis occulta sit, nihilominus sion of high-treason, both of great and honour- 'occultus hæreticus incidit in illas pænas.' able families. Concerning those of the spiri- Whether he be a known or a secret heretick, tuality, it is likewise faisly said, That there is all is one, they thunder out the same judgment never a religious man in this action. For I and curse for both; whereas Christ saith, never yet knew a treason without a Romish Nolite judicare,' judge not, which is, saith priest; but in this there are very many jesuits, Augustine, Nolite judicare de occultis,' of who are known to have dealt and passed those things which are secret. But suppose through the whole action: three of them are that a prince thus accursed and deposed, will legiers and statesmen, as Henry Garnet al:as | efisoons return and conform himself to their Walley, the superior of the jesuits, legier here | Romish Church, shall he then be restored to in England; father Cresswell, legier jesuit in his state, and again receive his kingdom? Spain, father Baldwyn legier in Flanders, as Nothing less: for saith Simanca, Si reges aut Parsons at Rome; besides their cursory men,alii principes Christiani facti sint hæretici,

protinus subjecti et vassali ab eorum dominio liberantur; nec jus hoc recuperabunt, quamis 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 arinam: therefore so he may, and shall be restored; that is, spiritually, in respect of his soul's health. Quoad aniram, he shall again be taken into the holy church; but not quead 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 be 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

as Gerrard, Oswald, Tesmond, alias Greeneway, 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 depos- ¦ ing of kings, and disposing of kingdoms: their profession and doctrine is a religion of distinetions, the greatest part of them being without the text, and therefore in very deed, ide and vain conceits of their own brains: not having membra dividentin, 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 solum and to deal with them, as the old Romans are rex regno privatur, sed et ejus fui a regni sucd to have done with their viceroys, or petty cessione pelluntur, ut noster lapos' (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) iuculenter probat.' pleasures. Neither so only, but they will pro- Now if a man doubt whom the here mean by scribe and expose them to be butchered by an heretick, Creswell in his book called Pinio vassals, which is against their own canons, for pater, gives a plain resolution; Regnandi priests to meu fle in cause of blood. And by jus amittit' (sith hey qui religionen Rothis means they would make the condition of a ¦ manam desert,' he is the heretics 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,

proscribed, never to be absolved but by the pope himself, never to be restored either in himself, or his posterity.

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'veant. Princeps indulgendo hæreticos non ⚫ solum Deum offendit, sed perdit et regnum et gentem.' Their conclusion therefore is, that One place amongst many out of Creswell's for heresy, as above is understood, a prince is Philopater, shall serve to give a taste of the je- to be deposed, and his kingdom bestowed by the suitical spirits and doctrine; which is, sect. 2. pope at pleasure; and that the people, upon page 109. Hinc etiam infert universa theolo- pain of damnation, are to take part with him gorum ac jurisconsultorum ecclesiasticorum whom the pope shall so constitute over them. schola (et est certum et de fide) quemcunque And thus whilst they imagine with the wings of 'principem Christianum, si à Religione Catho- their light-feathered distinctions to mount above lica manifesto diflexerit, et alios avocare volu- the clouds and level of vulgar conceits, they 'erit, excidere station omni potestate ac digni- desperately fall into a sea of gross absurdities, 'tate, ex ipsa vi juris tum humani tum divini, blasphemy, and impiety. And surely the Jebocque antedictain sententiam supremi pasto- suits were so far ingaged in this treason, as that 'ris ac judicis contra ipsum prolatam, et sub- some of them stick not to say, that if it should 'ditos quoscunque liberos esse ab omni jura- miscarry, that they were utterly undone, and menti obligatione, quod de obedientia tanquam that it would overthrow the state of the whole principi legitimo præstitissent; posseque et society of the Jesuits: And I pray God that in debere (si vires habeant) istiusmodi hominem this, they may prove true prophets, that they tanquam apostatam, hæreticum, ac Christi Do- may become like the Order of Templarii, so 'mini desertorem, et reipub. suæ inimicum hos- called for that they kept near the sepulchre at 'temque ex hominum Christianorum domimatu Jerusalem, who were by a general and universal ejicere, ne alios inficiat, vel suo exemplo aut edict in one day throughout Christendom quite 'imperio à fide avertat. Atque hæc certa, de- extinguished, as being ordo impietatis, an order 'finita et indubitata virorum doctissimorum of impiety. And so from all sedition and 'sententia.' That is, this inference also doth 'privy conspiracy, from all false doctrine and the whole school both of divines and lawyers heresy, from hardness of heart, and contempt make, (and it is a position certain, and to be of thy word and commandment, Good Lord, undoubtedly believed) that if any Christian 'deliver us.' Their protestations and pretences, prince whatsoever, shall manifestly turn from are to win souls to God; their proofs weak, the Catholic religion, and desire or seek to re-light, and of no value; their conclusions false, claim 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 what estate or condition soever, are freed from all bond of oath of allegiance, which at any time they had made unto him as to their lawful prince. Nay, that they both may and ought, provided they have competent strength and force, cast out such a man from bearing rule amongst Christians, as an apostate, an heretic, a backslider and revolter from our Lord Christ, and an enemy to his own state and commonwealth, lest perhaps he might infect others, or by his example or command turn them from the faith. And this is the certain, resolute, and undoubted judgment of the best learned men. But Tresham in his book, De Officio Principis Christiani, goeth beyond all the rest; for he plainly concludeth and determineth, that if prince shall but favour, or shew countenance to an beretick, he presently loseth his kingdom. In his fifth chapter, he propoundeth this problem, An aliqua possit secundum conscientiam subditis esse ratio, cur legitimo suo regi ⚫ bellum sine scelere moveant?' Whether there may be any lawful cause, justifiable in conscience, for subjects to take arms without sin, against their lawful prince and sovereign? The resolution is, Si princeps hæreticus sit et obsti-sition is so directly opposite to all the canons of 'nate ac pertinaciter intolerabilis, summi pastoris divina potestate deponatur, et aliud caput constituatur, cui subditi se jungant, et legitimo ordine et authoritate tyrannidem amo

any

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.

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Henry 3rd of France for killing a cardinal was excommunicated, and after murdered by James Clement a monk: That fact doth Sixtus Quintus then pope, instead of orderly censuring thereof, not only approve, but commend in a long consistory oration. That a monk, a religious man,' saith he, hath slain the unhappy French king, in the midst of his host, it is rarum insigne, memorabile facinus, a rare, a notable, and a memorable act: yea further, it is facinus non sine Dei optimi maximi particulari provi'dentia et dispositione, &c. A fact done not without the special providence and appointment of our good God, and the suggestion and assistance of his holy spirit; yea, a far greater 'work than was the slaying of Holofernes by holy Judith.' Verus nonachus fictum occiderat, A true monk had killed the false monk ; for that, as was reported; Henry 3 sometimes would use that habit when he went in procession: and for France, even that part thereof which entertaineth the popish religion, yet never could of ancient time brook this usurped autho rity of the see of Rome, namely, that the pope had power to excommunicate kings, and absolve subjects from their oath of allegiance: which po

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 tivè, as having his power derived from God answer'd, that he thought they went about some within his territories. 2. Their natural liege dangerous matter, whatsoever the particular lord, and dread sovereign, whose just interest were: whereupon they asked him again what and title to this crown may be drawn from behe thought the business might be; and he an- fore the conquest; and if he were not a king swered that he thought they intended some by descent, yet deserved he to be made one dangerous matter about the parliament-house, for his rare and excellent endowments and orbecause he had been sent to get a lodging near naments both of body and mind. Look into his unto that place. Then did they make the said true and constant religion and piety, his jusBates take an oath to be secret in the action; tice, his learning above all kings christened, his which being taken by him, they then told him acumen, his judgment, his memory; and you that it was true, that they were to execute a will say that he is indeed, Solus præteritis great matter; namely, to lay powder under the major, meliorque futuris.' But because I parliament-house to blow it up. Then they cannot speak what I would, I will forbear to also told him that he was to receive the sacra- speak what I could. Also against the queen, a ment for the more assurance, and thereupon he most gracious and graceful lady, a most virtuwent to confession, to the said Tesmond the ous, fruitful, and blessed vine, who hath hapJesuit: and in his confession told him, that pily brought forth such olive-branches, as that he was to conceal a very dangerous piece of in benedictione erit memoria ejus,' her mework, that his master Catesby and Thomas mory shall be blessed of all our posterity. Then Winter had imparted unto him, and said he against the royal issue male, next under God, much feared the matter to be utterly unlawful, and after our sovereign, the future hope, comand therefore therein desired the counsel of the fort, joy, and life of our state. And as for preJesuit; 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 pruthe 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 sacrano 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 Rookwood in the presence of sundry of the traitors, having first received the oath of secrecy, had by Catesby imparted unto him the Plot of blowing up the king and state; the said Rookwood being greatly amazed thereat, answered, that it was a matter of conscience to take away much blood: but Catesby replied, that he

judges! O barbarous, and more than Scythian or Thracian cruelty! No mantle of holiness can cover it, no pretence of religion can excuse it, no shadow of good intention can extenuate it; God and heaven condemn it, man and earth detest it, the offenders themselves were ashamed of it; wicked people exclaim against it, and the souls of all true Christian subjects abhor it :

insolency, but impenitency and increase of sin.

miserable, but yet sudden had their ends been, who should have died in that fiery tempest, and storm of gunpowder. But more miserable had 4. We are to consider the Place, which was they been that had escaped; and what horrible the sacred senate, the house of parliament, effects the blowing up of so much powder and And why there? For that, say they, unjust laws stuff would have wrought, not only amongst men had formerly been there made against cathoand beasts, but even upon insensible creatures, licks: therefore that was the fittest place of all churches, and houses, and all places near ad- others to revenge it, and to do justice in. If joining; you who have been martial men best any ask who should have executed this their know. For my self, Vox faucibus hæret: justice, it was justice Fawkes, a man like so that the king may say with the kingly pro- enough to do according to his name. If by phet David; O Lord, the proud are risen what law they meant to proceed; it was gunagainst me, and the congregation, even syna- powder-law, fit for justices of hell. But con'goga, the synagogue of naughty men have cerning those laws which they so calumniate as 'sought after my soul, and have not set thee be- unjust, it shall in few words plainly appear, 'fore their eyes,' Psal. lxxxvi. 14. The proud that they were of the greatest both moderation 'bave laid a snare for me, and spread a net and equity that ever were any. For from the 'abroad, yea, and set traps in my way.' Psal. year 1 Elizabeth, unto 11, all papists came to cxl. 5. But let the ungodly fall into their our church and service without scruple I myown nets together, and let me ever escape self have seen Cornwallis, Beddingfield, and them,' Psalm,' cxli. 11. We may say, 'If the others at church: so that then for the space of Lord himself had not been on our side; yea, 10 years, they made no conscience nor doubt "if the Lord himself had not been on our side, to communicate with us in prayer. But when when men rose up against us, they had swal- once the Bull of Pope Pius Quintus was come lowed us up quick, when they were so wrath-and published, wherein the queen was accursed fully displeased at us: but praised be the and deposed, and her subjects discharged of Lord, which hath not given us over for a prey their obedience and oath, yea cursed if they did unto their teeth. Our soul is escaped even obey her; then did they all forthwith refrain as a bird out of the snare of the fowler, the the Church, then would they have no more snare is broken, and we are delivered; our society with us in prayer: so that recusancy in help standeth in the name of the Lord which them is not for religion, but in an acknowledg hath made heaven and earth.' Psaim cxxiv. ment of the pope's power, and a plain mani3. The third consideration respects the Time festation what their judgment is concerning the when this Treason was couspired; wherein right of the prince in respect of regal power note that it was primo Jacobi, even at that time and place. Two years after, viz. 13 Elizabeth, when his majesty used so great lenity towards was there a law made against the bringing in Recusants, in that by the space of a whole of Bulls, &c. Anno 18, came Mayne a priest year and four months, he took no penalty by to move sedition. Anno 20, came Campion statute of them. So far was his majesty from the first Jesuit, who was sent to make a party severity, that besides the benefit and grace be- here in England, for the execution of the former fore specified, he also honoured all alike with Bull; then follow treasonable books. Anno advancement and favours; and all this was 23 Elizabeth, after so many years sufferance, continued until the priests Treason by Watson there were laws made against recusants and seand Clarke. But as there is misericordia pu- ditious books: the penalty or sanction for nient, so is there likewise crudelitas parcens: recusancy, was not loss of life, or limb, or for they were not only by this not reclaimed whole state, but only a pecuniary mulct and but (as plainly appeareth) became far worse. penalty, and that also until they would submit Nay, the Romish Catholicks did at that very and conform themselves, and again come to -time certify that it was very like, the king would Church, as they had done for 10 years before deal rigorously with them, and the same do the Bull. And yet afterwards the Jesuits and these traitors now pretend, as the chiefest mo- Romish priests both coming daily into, and tive; whereas indeed they had Treason on foot swarming within the realm, and infusing contiagainst the king, before they saw his face in nually this poison into the subjects hearts, that England: neither afterwards, for all the lenity by reason of the said Bull of Pius Quintus, her he used towards them, would any whit desist or majesty stood excommunicated and deprived relent from their wicked attempts. Nay, (that of her kingdom, and that her subjects were which cometh next to be remembered in this discharged of all obedience to her, endeavourpart of their arraignment) they would pick ing by all means to draw them from their duty out the time of parliament for the execution of and allegiance to her majesty, and to reconcile their hideous Treasons, wherein the flower of them to the Church of Rome; then 27 Eliz. the land being assembled, for the honour of a law was made, that it should be Treason for 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, born the queen's natural subject, but for any) not wound, but kill and destroy the whole being so born her subject, and made a Romish State: so that with these men, impunitas conti-priest, to come into any of her dominions, to nuum affectum tribuit peccandi, lenity having once bred a hope of impunity, begat not only

VOL. II.

infect any of her royal subjects with their treasonable and damnable persuasions and prac

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tices; yet so, that it concerned only such as | tinuing and carriage of this treason; to which were made priests sithence her majesty came purpose there were four means used: to the crown, and not before.

Concerning the execution of these laws, it is to be observed likewise, that whereas in the quinquenny, the five years of queen Mary, there were cruelly put to death about 300 persons for religion; in all her majesty's time by the space of 44 years and upwards, there were for treasonable practices executed, in all not 80 priests, nor above five receivers and harbourers of them; and for religion not any one. And here by the way, I desire those of parlia ment to observe, that it is now questioned and doubted, whether the law of recusants and reconciled persons do hold for Ireland also, and the parts beyond the seas: that is, whether such as were there reconciled be within the compass of the statute or not, to the end it may be cleared and provided for.

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 33 of them, namely unto Sylvester, they were famous martyrs. But Quicunque desiderat primatum in terris, invenict confusionem in cœlis:' 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 it to get new alterations; for they went to join with Romish Catholicks, and discontented persons.

First, Catesby was commended to the marquis for a regiment of horse in the Low-Countries, (which is the same that the lord Arundel now hath) that under that pretence he might have furnished this treason with horses without suspicion. The second means was an oath, which they solemnly and severally took, as well for secrecy, as perseverance and constancy in the execution of their plot. The form of the oath was as follows: You shall swear by the blessed Trinity, and by the sacrament you now purpose to receive, never to disclose directly nor indirectly, by word or circumstance, the matter that shall be proposed to you to keep secret, nor desist from the execution thereof, until the rest shall give you leave.'-This oath was, by Gerrard the Jesuit 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 justified 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.

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 seen 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 greater. 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 Elias 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 rocks: 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 igne Dominus,' the Lord was not in the fire.' So neither was God in any part of this monstrous action. The authors whereof were in this respect worse than the very damned spirit of Dives, who, as it is in the gospel, desired that others should not come in locum tormentosum.'

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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 culpa 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. Scripturarum, patrum, doctorum, scholasticorum, canonistarum, et optimarum rationum præsidiis plenissime firmat æquitatem æquivocationis; ideoque dignissimus est qui typis propagetur, ad consolationem afflictorum Catbo⚫ licorum, et omnium piorum instructionem.' That is, "This Treatise is very learned, godly, • and Catholick, and doth most fully confirin the equity of equivocation, by strong proofs out of holy Scriptures, fathers, doctors, 'schoolmen, canonists, and soundest reasons; and therefore worthy to be published in priut, for the comfort of afflicted Catholicks, and instruction of all the godly.'

Now, in this Book there is propositio menta

7. The next consideration is, the secret con- lis, verbalis, scripta, and mixtu; distinguishing

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