Reflections upon the new test, and the reply thereto with a letter of Sir Francis Walsingham's, concerning the penal laws made in the reign of Queen Elizabeth.

Sir Fr. Walsingham's Letter to Monsieur Critoy, concerning the Queens proceedings against both Papists and Puritans.

SIR,

WHereas you desire to be advertiz'd, touching the pro∣ceedings here in Ecclesiastical Causes, because you seem to note in them some Inconstancy and Variation, as if we inclin'd sometimes to one side, and sometimes to another; and as if that Clemency and Lenity were not us'd of late, that was us'd in the beginning: All which you imputed to your own superficial Ʋnderstanding of the Affairs of this State, having, notwithstanding Her Majesty's doing in singular Re∣verence, as the real Pledges which She hath given unto the World of her Sincerity in Religion, and of the Wisdom in Government, well meriteth.

I am glad of this occasion, to import that little I know in that Matter unto you, both for your own Satisfaction, and to the end you may make use thereof, towards any that shall not be so modestly and reasonably minded, as you are.

I find Her Majesties Proceedings to have been grounded upon two Principles.

The one, that Consciences are not to be forced, but to be won and reduced by force of Truth, with aid of time, and use of good means of Instructions and Perswasion.

The other, That Causes of Consciences, when they exceed their bounds, and grow to be matter of Faction, lose their Nature, and that Sovereign Princes ought distinctly to punish their Practices and Contempt, tho coloured with the Pretences of Conscience and Religion.

According to these Principles, Her Majesty coming to the Crown, utterly disliking the Tyranny of Rome, which had used by Terror and Rigour to settle Commandments of mens Faith and Consciences; Tho as a Princess of great Wisdom and Magnanimity, She suffered but the Exercise of one Reli∣gion; yet her Proceedings towards the Papist, was with great Lenity, expecting the good Effects which time might work in them; and therefore Her Majesty revived not the Laws made in the 28th and 35th of her Fathers Reign, whereby the Oath of Supremacy might have been offered at the Kings pleasure to any Subject, so he kept his Conscience, ne••er so modestly to himself, and the refusal to take the same Oath, without further Circumstances, was made Treason. But con∣trariwise, Her Majesty not liking to make Windows into Mens hearts and secret thoughts, except the abundance of them did over flow into overt and express Acts or Affirmations, tem∣pered Her Law so as it restraineth every manifest Disobe∣dience in impugning and impeaching; advisedly and malici∣ously, Her Majesties Supream Power, maintaining and en∣tolling a Forreign Jurisdiction: And as for the Oath, it was altered by Her Majesty, into a more grateful Form: the hardness of the name and Appestation of Supream Head, was removed, and the Penalty of the refusal thereof, turned only to disablement to take any Promotion, or to exercise any charge, and yet of Liberty to be reinvested therein, if any man should accept thereof, during his Life. But after, when Pius Quintus Excommunicated Her Majesty, and the Bulls of Excommunication were published in London, whereby Her Majesty was in a sort prescribed, and that thereupon as upon a principal motive or preparative, followed the Rebellion in the North, yet because the ill humours of the Realm were by that Rebellion partly purged, and that she feared at that time no forreign Invasion, and much less the attempt of any within the Realm, not back'd by some potent power and succour from

without, she contented her self to make a Law against that special Case of bringing in, and publishing any Bulls, or the like Instruments; whereunto was added a Prohibition, upon pain, not of Treason, but of an inferiour degree of punish∣ment, against the bringing of the Agnus Dei's, and such other Merchandise of Rome, as are all known, not to be any essen∣tial part of the Romanists Religion, but only to be used in practice, as Love tokens, to inchant and bewitch the peoples affections, from their Allegiance to their natural Soveraign. In all other points her Majesty continued her former Lenity: But when about the Twentieth year of her Reign, she had dis∣cover'd in the King of Spain an intention to invade her Domi∣nions; and that a principal part of the Plot, was to prepare a Party within the Realm, that might adhere to the Forreign∣er; and that the Seminaries began to blossom, and to send forth dayly Priests, and Professed men, who should by Vow taken at Shrift, reconcile her Subjects from their Obedience, yea, and hind many of them to attempt against her Majesties Sacred Person; and that, by the Poison which they spread, the humours of most Papists were altered, and that they were no more Papist in Conscience, and of Softness, but Papist in Pactiou: Then were there new Laws made, for the punish∣ment of such as should submit themselves to such reconcile∣ments, or renunciation of Obedience. And because it was a Treason carried in the Clouds, and in wonderful secrecy, and come seldom to light, and that there was no presuspicion there∣of so great, as the Recusancy to come to Divine Service, be∣cause it was set down by their Decrees, that to come to Church before Reconciliation, was to live in Schism; but to come to Church after reconcilement, was absolutely heretical and damnable. Therefore there were added Laws containing punishment Pecu∣niary, viz. such as might not enforce Consciences, but to infeeble and impoverish the means of those about whom it resteth indif∣ferent and ambiguous, whether they were reconciled or not:

And when, notwithstanding all this provision, the Poison was dispersed so secretly, as that there was no means to stay it, I ut by restraining the Merchants that brought it in: Then Lastly, there was added a Law, whereby such seditious Priests, of new Erection, were exiled; and those that were at that time within the Land, shipped over, and so commanded to keep hence upon pain of Treason. This hath been the proceeding, tho intermingled, not only with sundry Examples of her Ma∣jesties Grace towards such as in her wisdom she knew to be Pa∣pist in Conscience, and not Faction and Singularity, but also with extraordinary mitigation towards the offenders in the highest Degree, committed by Law, if they would but protest, that if in Case this Realm should be invaded with a Forreign Army, by the Popes's authority, for the Catholick Cause, as they term it, they would take part with her Majesty, and not adhere to her Enemies.

For the other Party, which have been offensive to the State, though in another Degree, which named themselves Refor∣mers, and we commonly call Puritans, this hath been the pro∣ceeding towards them. A great while, when they inveighed against such abuses in the Church, as Pluralities, Non-resi∣dence, and the like; their Zeal was not Condemned, only their Violence was sometimes Censured. When they re∣fused the use of some Ceremonies and Rites, as Su∣perstitions, they were tollerated with much Connivency and Gentleness; yea, when thy called in Question the Superiority of Bishops, and pretended to a Democracy in the Church; yet, their Propositious were here considered, and by contrary Wri∣tings debated and discussed; yet all this while, it was per∣ceived that their Course was dangerous, and very popular: As, because Papistry was odious, therefore it was ever in their Mouths, that they sought to Purge the Church from the Reliques of Papistry; a thing acceptable to the People, who love ever to run from one extream to another.

Because multitudes of Rogues, and Poverty, was an Eye∣sore, and a dislike to every man; therefore they put into the Peoples head, that if Discipline were planted, there should be no Vagabonds nor Beggars, a thing very plausible: And in like manner they promised the People, many of the impossible wonders of their Discipline; besides, they opened to the Peo∣ple a way to Government, by their Consistory and Presbytery; a thing, though in consequence no less prejudicial to the Li∣berties of private men, than to the Soveraignty of Princes, yet in first shew very Popular. Nevertheless this, except it were some few that entred into extream contempt, was born with, because they pretended in Dutiful manner to make Propositions; and to leave it to the Providence of God, and the Authority of the Magistrate. But now of late years, when there issued from them that affirmed, the consent of the Magistrate was not to be attended; when under pretence of a Confession, to avoid Slander and Imputations, they combined themselves by Classes and Subscriptions, when they descended into that vile and base means of defacing the Government of the Church by ridiculous Pasquils; when they began to make many Subjects in doubt to take Oaths, which is one of the Fundamental parts of Justice in this Land; and in all places, when they began both to vaunt of their strength, and number of their Partizans and Followers, and to use Comminations that their Cause would prevail, tho uproar and Violence; then it appeared to be no more: Zeal, no more Conscience, but meer Faction and Divisi∣on: and therefore, though the State were compelled to hold somewhat a harder hand to restrain them than before, yet was it with as great moderation, as the Peace of the State or Church could permit. And therefore, Sir, to conclude, consi∣der uprightly of these matters, and you shall see Her Majesty is no more a Temporizer in Religion: It is not the success A∣broad, nor the Change of Servants here at home, can alter her; only as the things themselves alter, She applyed her Religious

Wisdom to Methods correspondent unto them; still retaining the Two Rules before mentioned, in dealing tenderly with Con∣sciences, and yet in discovering Faction from Conscience, and Softness from Singularity. Farewell.

Your loving Friend, F. Walsingham.

FINIS.