Chapter XVII. A Catalogue Of The Laws Against Catholics Made By Queen Elizabeth And Confirmed By This King, And Of Others Added By Himself.
It hath ever been one point of policy in the Government of England, since the beginning of persecution there, to hide the same from the knowledge of the world, and from being judged to be such by other kingdoms round about them, as much as could be possible. To this end they have ever sent and maintained their instruments in other countries to[542] maintain that opinion in men's minds. To this effect often advices have been[543] sent into all Princes' Courts by letters, which their friends and favourers there should publish and procure to be believed. For this cause, when any Catholic Princes' Ambassadors have come into England, there hath been cunning wits ever employed to resort unto them and possess them with a different conceit from that which is and hath been the true state of Catholics in England. And if they were such as come with intention to labour for the help or ease of Catholics in any sort, then, perhaps, for a time there should be some cessation, or else some hope or half promises given, of toleration, or mitigation at least, in that matter. And that which they could not hide from being seen, they would at least cover, and keep from being known to be persecution for cause of religion. And, therefore, both in their laws at home, and letters of information sent abroad, would invest the same with other names, as of treason, and [pg 316] offences against the State; when nothing less than disobedience to the civil government was found in Catholics, nor any subjects in the realm more faithful, or loving, or obedient to their Prince in all things which were not against their faith or religion. Yet did the politics ever with printed books endeavour to prove that all was but the execution of justice against traitors and persons disobedient to the State. But herein they follow the platform of the first enemies and persecutors of Christ and His Church; and we the example of our Master, suffering as He did, for that which we neither preach nor practise, nor can be proved against us. Although they cry out never so loud, “Invenimus hos subvertentes gentem nostram,”[544] because we desire to draw them to their ancient faith and profession of the same: “et prohibentes tributum dari Cæsari,”[545] because we will not grant the supremacy in ecclesiastical matters which he affecteth, (for as for other corporal tributes, none are so ready as Catholics to pay all duties): “et dicentes se Christum et regem habere[546] alium,”[547] because we say and profess that the Pope is Christ His Vicegerent on earth and governeth His spiritual Kingdom, and we His children and subjects in this spiritual government.[548]
Therefore, although they cry out never so much that this is “contradicere Cæsari,”[549] and that whosoever doth favour this cause is not “amicus Cæsaris;”[550] yea, though they cry, “Crucifige, crucifige,”[551] against us, and lay the heavy cross of persecution upon our shoulders for this cause, we must and will have patience, because it is [pg 317] Christ His cause and quarrel, and not as they affirm, and would have the world believe, that we suffer for matter of State, or for stubbornness and disobedience to[552] the King or civil government.
And that the truth may herein the better appear, I will now, according to my former promise, set down a Catalogue of the laws that are made and stand in force against Catholics in England, which being carefully considered by the discreet and pious reader, I will ask no other judge than himself, either touching the greatness or the cause of persecution in England, for I know he will both see and say much contrary to that which the politic heretics in our country and their favourers in other places have given out, and would gladly have to be believed.
And albeit there be many severe and rigorous laws and statutes in force against Catholics at this day in England, that were made by King Henry the Eighth after his revolt from the Church of Rome, as also in[553] the Governors of King Edward the Sixth, under whom religion was first altered and the sects of Zuinglius and Calvin were brought into our country: which laws and statutes, being repealed by the Princes of pious memory, King Philip and Queen Mary, were revived again and established by the authority of other Parliaments under Queen Elizabeth and the same confirmed, as hath been said, by His Majesty that now is: yet do I not think it necessary to set down[554] in this place any other statutes than such as were made and allowed by these two latter Princes, which comprehend all the other, with many additions and aggravations besides. And in citing them, I will use as near as I can the very words themselves of the statutes, as they are in print.
First, then, Queen Elizabeth, coming to the crown in [pg 318] the year of Christ 1558, she called a Parliament soon after, in the said first year of her reign, wherein she repealed all the good statutes and laws which her sister, Queen Mary, had made in favour of Catholic religion, conform to the laws of all her ancestors, Kings of England, from the first Christian King until that time, except the latter end of her father's reign, King Henry the Eighth, and the minority of her brother, King Edward the Sixth, whose laws in favour of schism and sectaries[555] Queen Elizabeth revived, adding many of her own, which after do ensue.
And first of all, she meaning to break principally with the See of Rome, as well in regard of her nativity, which the said See held not for legitimate, as of the favour borne by the said See to Queen Mary of France and Scotland, mother to our King that now is, then living and reigning in prosperity, and much envied and suspected by the other; it was enacted that every Englishman, of what state, degree, or condition soever, whensoever he taketh any office, dignity, ecclesiastical benefice, or holy orders, any degree of school, university, profession, or other promotion temporal or spiritual, shall take a corporal oath upon the Evangelist protesting and swearing that he doth utterly testify and declare in his conscience that the Queen is Supreme Head of the Church of England and not the Pope; and that neither he nor the See of Rome had any ecclesiastical jurisdiction, power, superiority, or pre-eminence over that Church, nor ought to have. So help him God.[556] Stat. an° 1° Elizab. cap. 1°.
And moreover, that whosoever shall refuse to take and make this oath, being required thereunto, shall for the first time of denial, not only be disabled of the foresaid preferments, offices, degrees, and dignities whatsoever, but also lose and forfeit all his goods and lands to the said Queen, and suffer perpetual imprisonment as in case of [pg 319] præmunire. And for the second time, if he persist three months in the same after the first tender, and will not take and pronounce the same oath in form aforesaid, then he shall forfeit, lose, and suffer death, and other like pains, forfeitures, judgments, and executions as is used in cases of high treason. Ibid. et an° 5° cap. 1°. This treason you may see was only against the state of heresy and schism, not against the State of Queen or Commonwealth.
And then yet further. Whosoever shall by writing, printing, preaching, or teaching, by express words, deed, or act (for so are the words of the statute), advisedly and directly affirm, hold, set forth, maintain or defend the authority, power, or jurisdiction spiritual or ecclesiastical of the Bishop of Rome, or his See, heretofore claimed or used within the realm of England, or of any other dominion or country thereunto belonging; for his first offence he shall forfeit and lose all his goods and chattels, as well real as personal: and for the second offence, besides the loss of goods and lands, he shall be cast into perpetual prison: and for the third time (if again he offend in defending the said Pope's authority), he shall suffer the pains of death, and other penalties, forfeitures, and losses appointed in the cases of high treason. An° 1° Eliz. cap. 3° et an° 5° cit°.
And then for conclusion. Whosoever shall be aiders or abettors to any such offenders, assisting or comforting them to set forth and extol the said power and ecclesiastical authority of the Bishop of Rome, or to refuse the foresaid oath in form before set down, and shall be lawfully convicted thereof; they shall for the first time lose all their goods and lands, and for the second be condemned to perpetual prison as in the statute of provision or præmunire. An° 5° Eliz. cap. 1°.