III. [4. Prohibitory laws, under whatsoever it be pro able to the 4. Fourthly, to proceed one step nearer to the case in DISCOURSE question,—the same necessity doth justify those laws which are enacted for the common safety and tranquillity of the whole body politic,-under whatsoever penalties they are pleased to impose, as banishment, confiscation of goods, im- penalty, so prisonment, or death itself, so they be proportioned to the portionexigence of the dangers greater or lesser,-though these laws danger, jusprove burdensome to particular citizens, or restrain subjects tified by necessity.] from the exercise of those things which otherwise were beneficial, lawful, and laudable to them in particular. Suppose a general should make an edict, that no soldier, under pain of death, should leave the camp; yet one goes to visit his father being sick, and suffers for it: this is not for doing his filial duty, but for violating of his general's edict. In Ireland it was forbidden by statute, under pain of most severe punishment, to use the words Crum-a-bo and Butlera-bo, because they were badges of faction, and incentives to sedition. The Philistines did not suffer a smith in Israel, [1Sam.xiii. 19.] lest the Hebrews should make themselves swords and spears. The king of Spain, weighing the danger that might arise from the numerous multitudes of Moors within his dominions, sent them all packing away by an edict P. The Athenians thought it no injustice to banish their chiefest and most loyal citizens, if they feared a tyranny, or necessity of 183 state did require it. All nations have their embargoes, and prohibited goods, and forbid all commerce and conversation with those that are in open hostility against them. If a ship arrive from any places infected with some contagious disease, they keep the passengers from mixing with their subjects, until they have given sufficient proof that they are sound. If they find cause to banish a citizen, either for a prefixed term, or for ever, under pain of death, or forfeiture of all their goods, if there be a necessity in it to secure the commonwealth, they may do it. And if the persons so banished will return on their own heads, upon pretence that they love their country so well that they cannot live out of it; or if any of them being a clergyman should pretend that he returns out of conscience to do the offices of his function 20.] [Irish Stat., 10 Hen. VII., c. P [Viz. Philip III. in 1609, 1610. PART I. [There was a real ne among his countrymen; it is not the law, but they, who pull the penalty of the law upon themselves. In sum, it is clear, that whensoever a prince or a republic, out of just necessity, and for the preservation of the commonwealth, shall restrain their subjects from any thing that threatens the same with imminent dangers, upon whatsoever penalty it be, so it be proportionable to the danger, it is just. And if the subject will not obey, his blood is upon his own head. The only question is, whether there was at that time not only a pretended but a real necessity to make those laws, which they call sanguinary or bloody, for the preservation of the commonwealth. This is the case between the Romanists and us; upon these two hinges this controversy is moved. Then to leave the thesis, and come unto the hypothesis, cessity for and to shew that at that time there was a real necessity for the making the making of those laws. of those laws.] [1. The ill First, let it be observed, that, after the secession of the will of the English Church from the Court of Rome, the succeeding Popes.] Popes have for the most part looked upon England with a very ill eye. Witness that terrible and unparallelled excommunication and interdiction of England, a[nd] deprivation of Henry the Eighth, formerly mentioned, published at Dunkirk, because they durst bring it no nearer'. Witness the Bull of anathematization and deprivation, by Pius the Fifth, against Queen Elizabeth and all her adherents, absolving all her subjects from their oaths of allegiance, without so much as an admonition precedings. Witness the Pope's negotiations with the English, Spanish, French, and Portugueses, to have Queen Elizabeth taken away by murder and the frame of the government altered, published at Rome by Hieronymo Catena, secretary to Cardinal Alexandrino, in the time, and with the privilege, of Sixtus the Fifth. Witness the legantine authority given to Sanders, and the hallowed banner sent with him and Allen, two Romish Priests, to countenance the Earl of Desmond in his rebellion"; and the phoenix plume III. sent to Ter Owen, to encourage him likewise in his re- DISCOURSE bellion, and a plenary indulgence for him and all his adherents and assistants, from Clement the Eighth". Lastly, witness the two briefs sent by the same Pope to exclude King James from the inheritance of the crown of England, unless he would take an oath to promote the Roman-Catholic interest. Priests.] This is not all. In the second place, the Popes, to have [2. The foreign the greater influence upon England, did themselves found or seminaries for English conserve several Colleges or Seminaries of English Priests at Rome, at Rheims, at Douay; where the English youth were trained up more for the advantage of the Pope than of their prince and native country. What those principles were which were then infused into them, I have neither means at present, nor in truth desire, to inquire, because I hope that at this day they are disclaimed by all or the most learned and moderate persons of those societies; only, for the justification of my native country, give me leave to set down some of them in the words of the former learned historiographer;— "Suspicions also were daily raised by the great number of priests creeping more and more into England: who privily felt men's minds; spread abroad, that princes excommunicate were to be deposed; and whispered in corners, that such princes as professed not the Roman religion, had forfeited their title and regal authority; that those men which had entered into Holy Orders, were, by a certain ecclesiastical freedom, exempted from all jurisdiction of princes, and not bound by their laws, nor ought to reverence their majesty; and that the Bishop of Rome hath supreme authority and most full power over the whole world, yea, even in temporal matters; and that the magistrates of England were no lawful magistrates, and therefore not to be accounted for magis184 trates; yea, that all things whatsoever done by the Queen's authority, from the time that the Bull Declaratory of Pius Quintus was published, were by the laws of God and man altogether void, and to be esteemed nothing and some of them dissembled not, that they were returned into England * Idem, [ibid.,] lib. iv. p. 145. [P. iv. p. 744, in an. 1599.] y [Idem, ibid.,] p. 150. [P. iv. p. BRAMHALL. 751, in an. 1600.] [Idem, ibid.,] p. 164. [P. iv. p. 771, in an. 1600.] PART with no other intent, than,.... by reconciling in confession, I. to absolve every one in particular from all oaths of allegiance and obedience to the Queen"." Judge how such emissaries deserved to be welcomed into a kingdom. More might be added, but this itself is enough or too much. [3. The treasons of Papists in Queen Elizabeth's time.] Lastly, view all the treasons and rebellions that were in Queen Elizabeth's time, and see from what source they did spring. Parsons proposed to Papists the deposing of the Queen, so far forth that some of them thought to have delivered him into the magistrates' hands'; and wrote a book, under the name of Doleman, to entitle the Infanta of Spain to the crown of England. Of Sanders I have spoken formerly. Only let me add this, that when he was found dead, they found in his pouch "orations and epistles to confirm the rebels, with promise of assistance from the Bishop of Rome and others." Parre confessed, that that which finally settled him in his treasonable purpose, to kill the Queen, was the reading of Allen's book, that princes excommunicated for heresy were to be deprived of life. Ballard was himself a priest of the seminary of Rheims: see his conspiracy. I pass by the commotions raised in Scotland by Bruce, Creighton, and Hayes. Squire accused Walpole for putting him upon it to poison the Queen". I speak not of the confession of John Nicholas, nor the testimony of Eliot, mentioned in their own Apology, because they are not of undoubted faith. This is most certain, that when Campian was interrogated before his death, "whether Queen Elizabeth were a lawful and rightful queen, he refused to answer;" and being asked, "if the Pope should send forces against the Queen, whether he would take part with the Queen or the Pope, he openly professed and testified under his hand, that p. 394. in an. 1585. For "Parre" read "Parry."] f Id., ibid., lib. iii. p. 132. [P. iii. pp. 433. sq. in an. 1586.] [Id., ibid., P. iv. p. 541, in an. 1589.] h [Id., ibid., P. iv. pp. 726, 727. in an. 1598.] i Apolog. Martyr., [in fin. Concert. Eccles. Angl.,] pp. 329 [-332. Aug. Trev. 1583.] III. he would stand for the Popek." The same author addeth, DISCOURSE that his fellows, being examined in like manner, either refused to answer, or gave such "ambiguous" and "prevaricatory" answers, "that some ingenuous Catholics began to suspect that they fostered some treachery'." Lay all these together, their disloyal answers, their seditious tenets, so many treacherous attempts, so many open rebellions, so many depositions and deprivations and exclusions, so many books brim-full of prodigious treason; at such a time when the seditious opinions of that party were in their zenith; when seditious persons crowded over daily in such numbers; when the heir apparent of the crown of England was a Roman-Catholic: and let any reasonable man judge, whether the kingdom of England had not just cause of fear; whether they were not necessitated to provide "ne quid detrimenti caperet respublica"-" that the commonwealth should sustain no loss;" whether our statesmen who did then sit at the stern, were not obliged to their prince and to their country, to provide by all means possible for the security of their prince and tranquillity of their country, which could not be done at that time without the exclusion of such bigots and boutefeus from among them, nor they be possibly excluded but by such severe laws. These are the very reasons given in the edict itself,—that "it did plainly appear to her Majesty and her Council, by many examinations, by their own letters and confessions, and by the actual conspiracies of the like persons sent into Ireland by the Pope, that the end and scope of sending them into her Majesty's dominions was to prepare the subjects to assist foreign invaders, to excite the people to rebellion, and to deprive her Majesty of her crown and dignity and life itself m" Yet may we not accuse all for the faults of some. Though many of them who were bred in those seminaries, were pensioners of the Pope, the king of Spain, or the duke of |