3. That no priest, Jesuit or other, was concerned in its formation, or afforded it any encouragement at any time; and that of all the seculars and regulars in the kingdom but two were ever aware of its existence, and that to them the knowledge came under the seal of confession and could not be revealed.

4. That those two used every possible effort to dissuade the conspirators from their design, and denounced on every occasion all violent attempts to redress the wrongs under which the Catholics suffered.

The state of England at the beginning of the XVIIth century, when James of Scotland was called upon to ascend the throne of his mother's murderer, was deplorable in the extreme. Less than half a century had sufficed to change entirely the whole face of the country socially [pg 179] and morally, and the once “merrie” people were divided into two hostile camps, one the army of plunder and persecution, the other the cowering, dissatisfied, and impoverished masses. Many were yet alive who recollected with sorrow the time when the cross gleamed on the spires of a thousand churches, when the solemn sacrifice was offered up on myriads of altars, when the poor and afflicted easily found food and shelter at the numerous convents and abbeys that dotted the land of S. Augustine, and the young and the aged, the weak woman and the strong man, together bowed their knees in reverence before the statues of the “blessed among women” and other saints. Now all was reformed away—changed not with the consent of the people nor by the argument or eloquence of the preacher, but by the brute force and cunning fraud of a corrupt sovereign, a dissolute and avaricious court, and, partially at least, by a venal and cowardly episcopate. The churches no longer resounded from morning till night with the solemn sacred chants, the monasteries were in ruins or the scenes of impious revelry, the festivals of the church were abolished, and the peasantry, formerly accustomed to look forward to them as days of rest from hard toil and occasions of innocent enjoyment, were sullen and discontented. Those who had shared in the ecclesiastical plunder spent their time in the metropolis in wild extravagance, while the gentry, most of whom still adhered secretly to the faith, remained at home, the prey of anxiety and the tax-gatherer. The masses were fast degenerating into that state of stolid ignorance and unbelief from which all subsequent legislation has failed to raise them. The laws of Elizabeth aimed at the suppression of all outward manifestation of Catholicity and the ultimate protestantizing of the nation; those of James, at the utter extirpation of the Catholics themselves.

As early as a.d. 1559, the first year of Elizabeth's reign, a law was passed compelling every person holding office, either temporal or spiritual, under the crown, to take an oath of allegiance declaring the queen the supreme head of the church. The penalty for refusing this oath was forfeiture of goods and imprisonment, and a persistence in such refusal, death. Whoever affirmed the spiritual supremacy of the pope was declared guilty of treason; penalty, confiscation and death. Attendance at Mass was to be punished by perpetual imprisonment, and non-attendance at Protestant service by a weekly fine. In the fifth year of her reign, any aider or abettor of such offenders was for the first offence to be fined and imprisoned for life, for the second to suffer death. Any clergyman celebrating Mass or refusing to observe the regulations of the Book of Common Prayer forfeited offices, goods, and liberty. In the thirteenth year, introducing into the kingdom a bull or other instrument of the pope was treason, penalty death; abetting the same, death; acting under such authority, death; introducing, wearing, or having in his or her possession an Agnus Dei, cross, etc., confiscation and perpetual imprisonment; and for leaving the kingdom without permission, forfeiture of lands and personal estate. In the twenty-third year, any person granting absolution from sin in the name of the “Roman Church,” or receiving the same, their aiders, etc., was declared guilty of treason, penalty death; and for not disclosing knowledge of such offenders, confiscation and imprisonment. In the twenty-ninth year, the tax for non-attendance at Protestant service [pg 180] was increased to £20 per lunar month, or forfeiture of two-thirds of all lands and goods; and for keeping a schoolmaster or tutor, other than a Protestant, a fine of £10 per month was imposed, together with imprisonment at pleasure. By the statutes of the 21st, 27th, and 28th Elizabeth, every priest, Jesuit, or other ecclesiastic ordained out of the realm was obliged forthwith to leave the kingdom, and in case of his return he was to suffer death; those who received or harbored him were subject to a like punishment. Those being educated abroad were required to return home, and after neglect to do so, upon their being found in the kingdom, were to be put to death. For contributing money for colleges abroad and for sending students there, fine and imprisonment for life were considered adequate punishments; but by the 25th chapter of Elizabeth, all who persisted in refusing attendance on Protestant worship were liable to be transported for life, and if they evaded the statute they were liable to suffer death.[106]

We see, therefore, by this comprehensive penal code that every office under the crown was reserved as a bribe to recreant Catholics; that private tutors were commanded to teach nothing but the new heresy in Catholic families, while those who objected to such method of instruction could neither send their children abroad nor contribute to the support of those already there. All priests were obliged to take the oath of supremacy and observe the Book of Common Prayer; such as did not were to be banished, and if they returned were to be executed forthwith. No priest could, of course, be ordained at home, and if ordained abroad he was to be hanged whenever caught, without delay. If one of the laity attended Mass or wore the image of his crucified Redeemer, he was to be imprisoned for life; if he did not attend Protestant service, he was to be fined enormously; if he had no money to pay the fine, he might be banished for ever from his home and country, and if he endeavored to conceal himself at home his career was to be ended by the hangman.

Nor must it to be supposed that these sanguinary statutes, affecting the rights and liberties of at least one-half of the population, were nothing but the splenetic fits of a jealous and tyrannical bigot or mere idle threats to frighten a half-civilized horde. On the contrary, we have abundant facts to prove that they were thoroughly and cruelly enforced, and that the sufferers were principally the better class of the community. In 1573, the Rev. Thomas Woodhouse was drawn, half-hanged, and then quartered alive in the usual way at Tyburn, for having denied the queen's supremacy. Two years later, Father Cuthbert Mayne was executed with similar barbarity in Cornwall for having in his possession a copy of a Jubilee and for saying Mass in the house of a Mr. Teagian; the latter, with fifteen others, for being present on the occasion, was imprisoned for life. In 1577, Mr. Jenks was tried and convicted at Oxford for exposing some Catholic books for sale, and about this time we are informed the prisons were so full of “recusants” that a pestilence broke out and large numbers of the inmates perished. Among the sufferers in 1578 we find the names of Father Nelson and a Mr. Sherwood, who were hanged and quartered solely for being recusants. In 1582, Fathers Campion (the celebrated Jesuit missionary), Sherwin, and Briant, after the mockery of a trial, were executed in London, [pg 181] and in May of the year following no less than seven other priests suffered death at Tyburn. Thus nearly every year supplied its quota to the martyrology of the church in England, not to speak of the nameless thousands who died in confinement by the quick but silent process of torture and pestilence, or abroad, broken-hearted and neglected. During the fourteen years succeeding the dispersion of the Spanish Armada, when fanaticism was rampant and bigotry held full sway in the councils of Elizabeth, sixty-one clergymen, forty-seven laymen, and two gentlewomen expiated their offence of being Catholics by a horrible and ignominious public death; while, according to the records still extant, the total number of the “good Queen Bess'” ecclesiastical victims amounted to the handsome number of one hundred and twenty-three, including one hundred and thirteen seculars, eight Jesuits, one friar, and one monk, besides innumerable laymen in whose veins flowed the best blood of the land.

The rack and the thumb-screw almost invariably preceded the half-hanging and disembowelling, so that many looked upon the gallows as a welcome relief from worse sufferings. Priests were tortured to compel them to disclose the names of their penitents, and laymen to force them into the betrayal of their pastors. Father Campion was four times racked, and then secretly brought before the queen to discuss theology with that model Supreme Head of the Church; while others like Nichols found it more convenient to swear to all their tormentors required, for, as that recreant shepherd naïvely says in his Apology, “it is not, I assure you, a pleasant thing to be stretched on the rack till the body becomes almost two feet longer than nature made it.” Father Gerard, who speaks from personal experience, has left us in his Memoirs the following account of this most effectual method of extorting confessions in the glorious reign of that queen to which so many of our modern writers refer with pride and congratulation:

“Then they led me to a great upright beam, or pillar of wood, which was one of the supports of this vast crypt. At the summit of this column were fixed certain iron staples for supporting weights. Here they placed on my wrists manacles of iron, and ordered me to mount upon two or three wicker steps; then raising my arms they inserted an iron bar through the rings of the manacles, and then through the staples in the pillar, putting a pin through the bar so that it could not slip. My arms being thus fixed above my head, they withdrew those wicker steps I spoke of, one by one, from my feet, so that I hung by my hands and arms. The tips of my toes, however, still touched the ground; so they dug away the ground beneath, as they could not raise me higher, for they had suspended me from the topmost staples in the pillar. Thus hanging by my wrists I began to pray, while those gentlemen standing around me asked again if I was willing to confess. I replied, ‘I neither can nor will.’But so terrible a pain began to oppress me that I was scarcely able to speak the words. The worst pain was in my breast and belly, my arms and hands. It seemed to me that all the blood in my body rushed up my arms into my hands, and I was under the impression at the time that the blood actually burst forth from my fingers and the back of my hands. This was, however, a mistake, the sensation was caused by the swelling of the flesh over the iron that bound it.... I had hung this way till after one of the clock, as I think, when I fainted.”[107]

It must not be supposed, however, that the zeal of the queen's ministers was satisfied with these harsh measures against the clergy and the more prominent delinquents. All Catholics were put beyond the pale of the law. The country swarmed [pg 182] with spies and informers. Lists were accurately made out and carefully preserved of the recusants who owned property of any sort, and every possible method of espionage was adopted to detect them in the slightest infraction of the bloody code. Domiciliary visits became the order of the day, or rather of the night, for that was the time usually chosen by the pursuivants. Doors were broken open, closets ransacked, bedrooms of women and invalids invaded without ceremony; and frequently, the previous movements having been properly concerted, whole families were simultaneously borne off to prison, there to be detained without the least warrant of law for months and years. The tax of £260 annually, equal to at least five thousand dollars at the present day, was not only vigorously enforced, but upon the faintest rumor of a foreign invasion or domestic broil, special imposts were laid on the remaining property of the Catholics, and the owners were carried to the nearest dungeon till the affair blew over, when they were as unceremoniously dismissed until the next occasion arose for plunder and personal revenge.

Thus was the work of reformation and evangelization urged briskly forward in free England, and she was fast becoming converted and enlightened. Torture, death, and confiscation dogged the steps of the unhappy recusant who dare to profess, even in the privacy of his house, the faith of his fathers for ten centuries—that religion which had raised his ancestors from barbarism, freed him from the thraldom of feudalism, and given him Magna Charta, trial by jury, and representative government. The crown lawyers, like Coke, Stanhope, and Bacon, laid the plans, pious bishops like those of London, Ely, and Winchester, leaving their flocks to the devouring Puritan wolves, constituted themselves a sort of episcopal sheriffalty, and vied with each other in their ardor for the spread of the Gospel and their love for the spoils of the Papists. Their leader in all this was a vulgar wretch named Topcliffe, whose audacity, profanity, and lewdness made him the terror of men and the abhorrence of women, but whose usefulness was so apparent that he was constantly the object of government favors and clerical eulogy.