when they saw them printed in the Life of Pius V, they appeal to God, they were ama∣zed, and say, they can say no more, but that his Holiness was misinformed, and indirect∣ly drawn to these courses. They confess, that there being several persons in Prison, when the Rebellion in the North before mentioned brake forth, that it was known that the Pope had Excommunicated the Queen, that there followed a great restraint of the Pri∣soners, but none of them were put to death upon that occasion; the Sword being then only drawn against such Catholicks, as had risen up actually into open Rebellion, where∣in, say they, we cannot see what her Majesty did, that any Prince in Christendom, in such a case, would not have done, and confess these things to have been the occasion of making 13 Eliz. ca. 2. against bringing in Buls &c. thus they express themselves, we cannot but con∣fess, as reasonable men, that the State had great Reasons to make some Laws against us, except they should have shown themselves careless for the continuance of it, but be the Law, as any would have it, never so extream, yet surely it must be granted, that the occasions of it were most outragious, and likewise that the Execution of it was not so Tragical, as many have since written and reported of it; for whatsoever was done against us, either upon the pretence of that Law, or of any other, would never we think have been attempted, had not divers other preposterous occasions, besides the Causes of that Law, daily fallen out amongst us, which procured matters to be urged more se∣verely against us. And afterwards they accuse Saunders the Jesuit for writing a Book in 1572, de visibili Monarchia, and therein justifying the Excommunicating the Queen, and the said Rebellion in the North, and do themselves own, that the persons that suffered upon that account, were Arraigned, Condemned, and Executed, by the Antient Laws of the Country, for High Treason.
As to the Acts themselves, It is not to be denyed, but they are very severe, yet not severe enough to deter the Papists from carrying on their designs against the Queen, and the Protestant Religion, as I shall by and by make appear; but before I do that, let us a little enquire, what proceedings there were upon these Laws after they were thus made.
In the year 1571, 'tis true, one John Story Doctor in Laws, one of the Duke of Alva's Servants, an Englishman, and a Papist, was Executed; but it was for High Treason, (not Religion) for having conspired the Queen's Death, cursed her daily in his Grace at Meals, and shewing the Duke of Alva's Secretary the way to Invade England, to put Ireland into Rebellion, and to excite the Scots to break into England all at once.
The Duke of Norfolk was also Tryed, Convicted, and Executed, and after his Condem∣nation, and before his Execution, one Barney and Mather were Executed, for conspiring with one Herle, to make away some of the Council, and to deliver the Duke out of Prison.
Divers other Conspiracies and Practices there were, for delivering the Duke, which occasioned a Parliament, and the Parliaments making two Acts. One, that those who should surprize, demolish, or burn any of the Queen's Forts, should be guilty of Felony: And that those who should hold the same by Force against the Queen, burn her Ships, or stop up her Havens, should be guilty of High Treason. Another against such as should con∣spire or practice the inlargement of any Prisoner committed for High Treason, which as it is Printed by Rastal, is as followeth,
Forasmuch as great danger may ensue to the Queens Majesties person, and great trouble to the State of the Realm, by unlawful Conspiracies, Devises and Imaginations, to inlarge and set at Liberty such persons as be, or shall be committed to any Prison, Gard or Custody, for any Treason touching the Royal Person of our said Soveraign Lady, against which De∣vices, Conspiracies and Imaginations, sufficient remedy by the Laws of this Realm, hath not been heretofore had nor provided, unless the same Conspiracies, Imaginations and Devi∣ses, were Executed and brought to effect. Be it therefore Enacted by our said Soveraign Lady the Queen, the Lords Spiritual and Temporal, and the Commons in this present Par∣liament Assembled, and by the Authority of the same, that if any person or persons, at any time after the end of this present Session of Parliament, shall imagine, conspire, devise, invent, or go about unlawfully or malitiously, to inlarge or set at liberty any person or persons commit∣ted or to be committed to any prison, gard, or custody, by her Highness special Command∣ment, for any Treason or suspition of Treason, concerning the person of our said Sove∣raign Lady the Queen, before any indictment of such person so sought or intended to be set at large or liberty, as is aforesaid, and the same conspiracies, imaginations, devices or inventi∣ons, shall by express words, writing or other matter, or act, expresly or manifestly set forth, utter or declare, that then every person so offending, shall incur the penalty and forfeiture of Misprision of Treason, and that all and every Offence and Offences to be comitted and done, as is aforesaid, shall be deemed and taken for Misprision of Treason.
And be it also Enacted by the Authority aforesaid, that if any person or persons at any time after the end of this present Session of Parliament shall imagine, conspire, devise, invent, or go about, unlawfully and malitiously, to inlarge or set at liberty, any person or persons, com∣mitted or to be committed to any prison, gard or custody, being or which hereafter shall be in∣duced of any Treason in any wise, concerning the Person of our said Soveraign Lady the Queen, and the same conspiracies, imaginations, devises, or inventions, shall by express words, writing or other matter or act, expresly or manifestly set forth, utter or declare, that