Unfortunately, the discovery of the two conspiracies above mentioned, in which Catholics were implicated, weighed more with James than any assurances of goodwill from the Pope or his emissaries. Had not Watson given King’s evidence? Had not foreign invasion been implored by Catholics? Had they not intended “the Lady Arabella”as a substitute for his own Royal Majesty upon the throne? And had they not treasonably united with their extreme opposites, the Puritans, in a design to capture his precious person, with a view to squeezing concessions out of him, if not to putting him to death? To some extent he did indeed endeavour to conciliate the higher classes among his Catholic subjects, by inviting them to court, by conferring upon them the honour—such as it was—of knighthood, as in the case of Sir Everard Digby, and by promising to protect them from the penalties of recusancy, so long as by their loyalty and peaceable behaviour they should show themselves worthy of his favour and his confidence, but he absolutely and abruptly refused all requests for toleration of their religious worship, and more than once, he even committed to the Tower Catholics who had the presumption to ask for it.
The times were most trying to a recent convert like Sir Everard Digby. I will again quote Lingard[65] to show how faithless was James to the promises he had made of relief to his Catholic subjects:—“The oppressive and sanguinary code framed in the reign of Elizabeth was re-enacted to its full extent; it was even improved with additional severities.”
And then, after describing the severe penalties inflicted upon those who sent children “beyond the seas, to the intent that”they “should reside or be educated in a Catholic college or seminary,”as well as upon “the owners or masters of ships who”conveyed them, and adding that “every individual who had already resided or studied, or should hereafter reside or study in any such college or seminary, was rendered incapable of inheriting or purchasing or enjoying lands, annuities, chattels, debts, or sums of money within the realm, unless at his return to England, he should conform to the Established Church, he says:—”Moreover, as missionaries sometimes eluded detection under the disguise of tutors in gentlemen’s houses, it was provided that no man should teach even the rudiments of grammar without a license of the diocesan, under the penalty of forty shillings per day, to be levied on the tutor himself, and the same sum on his employer.”
And again, when James had been a year on the throne, the execution of the penal laws enabled the king “... to derive considerable profit,”says Lingard.[66] “The legal fine of £20 per lunar month was again demanded; and not only for the time to come, but for the whole period of the suspension; a demand which, by crowding thirteen separate payments into one of £260, exhausted the whole annual income of men in respectable but moderate circumstances. Nor was this all. By law, the least default in these payments subjected the recusant to the forfeiture of all his goods and chattels, and of two-thirds of his lands, tenements, hereditaments, farms, and leases. The execution of this severe punishment was intrusted to the judges at the assizes, the magistrates at the sessions, and the commissioners for causes ecclesiastical at their meetings. By them warrants of distress were issued to constables and pursuivants; all the cattle on the lands of the delinquent, his household furniture, and his wearing apparel, were seized and sold; and if, on some pretext or other, he was not thrown into prison, he found himself and family left without a change of apparel or a bed to lie upon, unless he had been enabled by the charity of his friends to redeem them after the sale, or to purchase with bribes the forbearance of the officers. Within six months the payment was again demanded, and the same pauperizing process repeated.”
It may be only fair to say, however, that Mr Gardiner thinks Lingard was guilty of exaggeration on one point; for he says[67] “the £20 men were never called upon for arrears, and, as far as I have been able to trace the names, the forfeitures of goods and chattels were only demanded from those from whom no lands had been seized.”
A letter in Father Garnet’s handwriting to Father Persons on these topics should have a special interest for us, as it was pretty certainly written at Gothurst, where he seems to have been staying at the time it is dated, October 4 and 21, 1605. It says[68]:—“The courses taken are more severe than in Bess’s time.... If any recusant buy his goods again, they inquire diligently if the money be his own: otherwise they would have that too. In fine, if these courses hold, every man must be fain to redeem, once in six months, the very bed he lieth on: and hereof, of twice redeeming, besides other precedents, I find one here in Nicolas, his lodging,”i.e., in the house of Sir Everard Digby. “The judges now openly protest that the king will have blood, and hath taken blood in Yorkshire; and that the king hath hitherto stroked papists, but now will strike:—and this is without any desert of Catholics. The execution of two in the north is certain:”—three persons, Welbourn and Fulthering at York, and Brown at Ripon, had in fact been executed in Yorkshire that year for recusancy.[69] Father Garnet continues:—“and whereas it was done upon cold blood, that is, with so great stay after their condemnation, it argueth a deliberate resolution of what we may expect: so that you may see there is no hope that Paul,”i.e. Pope Paul V., “can do anything; and whatsoever men give out there, of easy proceedings with Catholics, is mere fabulous. And yet, notwithstanding, I am assured that the best sort of Catholics will bear all their losses with patience: but how these tyrannical proceedings of such base officers may drive particular men to desperate attempts, that I cannot answer for;—the king’s wisdom will foresee.”
Mr Gardiner, in noticing the fines levied on recusants, mentions[70] one point in connection with them which would be peculiarly vexatious to a man of Sir Everard Digby’s temperament and position. “The Catholics must have been especially aggrieved by the knowledge that much of the money thus raised went into the pockets of courtiers. For instance, the profits of the lands of two recusants were granted to a foot-man, and this was by no means an isolated case.”
Sir Everard Digby’s great friend, Father Gerard, also testifies at great length to the persecutions under Elizabeth and James.[71] Father Southwell was put “nine times most cruelly upon the torture,”and the law against the Catholics “put to cruel death many and worthy persons,”and “many persons of great families and estimation were at several times put to death under pretence of treason, which also was their cloak to cover their cruelties against such priests and religious as were sent into England by authority from His Holiness to teach and preach the faith of Christ, and to minister his sacraments.”
Again, “their torturing of men when they were taken to make them confess their acquaintance and relievers, was more terrible than death by much, &c.” “Besides the spoiling and robbing laymen of their livings and goods, with which they should maintain their families, is to many more grievous than death would be, when those that have lived in good estate and countenance in their country shall see before them their whole life to be led in misery, and not only themselves, but their wives and children to go a-begging.” “And to these the continual and cruel searches, which I have found to be more terrible than taking itself. The insolencies and abuses offered in them, and in the seizures of goods, the continual awe and fear that men are kept in by the daily expectance of these things, while every malicious man (of which heresy can want no plenty) is made an officer in these affairs, and every officer a king as it were, to command and insult upon Catholics at their pleasure.”It may be readily imagined how the writer of all this would discuss this bad state of affairs with Sir Everard at Gothurst.
I have no wish to exaggerate the sufferings endured by Catholics during the reigns of Elizabeth and the early Stuarts. I willingly admit that in many cases the legal penalties were not enforced against them, nay, I would go further and frankly remind my Catholic readers—Protestants may possibly not require to have their memories thus stimulated—that half a century had not elapsed since Protestants were burned at the stake in Smithfield for their religion by Catholics. Besides all this, it is certain that toleration, as we understand it, is a comparatively modern invention, and that if Mary Queen of Scots had ascended the English throne, or if it had fallen into the hands of Spain, Protestants in this country might not have had a very comfortable time of it, especially in the process of disgorging property taken from the Church, and that, under certain circumstances, some of them might even have suffered death for their faith; but, while readily making this admission, I doubt whether any Catholic government ever attempted to oblige a people to relinquish a religion, which it had professed for many centuries, with the persistency and cruelty which the governments of Elizabeth and James I. exercised in endeavouring to oblige every British subject to reject the religion of his forefathers. Instances are not wanting of Catholics dealing out stern measures towards those who introduced a new religion into a country; this, on the contrary, was a case of punishing those who refused to adopt a new religion.