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GIFT,

Some of

them recol

lect them

selves, and faction.

give satis

WHIT- preservation, were ordered to depart the town within eightAbp. Cant. and-forty hours, and not to preach, under pain of death, in any of his majesty's dominions. Three of this number, Balcanquel, Watson, and Hall, recollecting themselves, declared they were fully convinced of the truth of Gowry's conspiracy, and willing to make reparation for their former misbehaviour: they were pardoned upon the conditions following. Before they returned to Edinburgh, they were publicly, in the churches assigned them, to declare their belief of the treasonable attempt at Perth, and ask God and the king's pardon for questioning the matter of fact. The next day Mr. James Balfour, another minister of Edinburgh, was pardoned upon the same terms: but Mr. Robert Bruce, refusing to give this satisfaction, was banished, and travelled into France. At the recess of the parliament the king went to Dunfermline, where the queen was delivered of a son, who was christened Charles. This prince, though unlikely to live at first, survived his eldest brother Henry, and succeeded his father in the kingdom of Great Britain.

Spotswood's

Ch. Hist.

Clement the

About this time pope Clement VIII., knowing queen 8th's briefs. Elizabeth far advanced in life, sent two briefs into England, to secure the next reign, and recover the interest of his see. One of these was sent to the clergy, and the other to the laity. The substance of them imported a charge "not to admit any person (how near soever upon the line) for king, after the queen's death, unless such a one as would not only tolerate the Catholic religion, but promote it to the utmost of his power, and engage himself by oath, according to the custom of his ancestors, for that purpose." These instructions were delivered with great secrecy, and communicated only to a few but it is thought the horrible powder plot was afterwards projected upon this encourage

Cambden,
Eliz.

A. D. 1600.

The Irish encouraged to an insur

rection by the pope's bull.

ment.

In the beginning of this year the kingdom of Ireland was miserably harassed and embroiled: the capital rebel, TirOwen had ranged the length of the island from Ulster to Munster without resistance. At this time there seems to have been a general concert of the Irish nobility to recover their ancient liberty; they having for some time made loud complaints of the hardships they suffered from the English.

BETH.

They were encouraged to this rebellious enterprise by an ELIZAindulgence sent them in form by Pope Clement VIII. The bull is directed to the bishops, the temporal nobility, and commons, of that kingdom. The pope puts them in mind, "how honourably they had formerly engaged with James Fitzgerald, earl of Desmond, and lately with Hugh, earl of Tir-Owen, in defence of their country against heretics; and being informed they were still disposed to venture themselves in the same service, he sends them his apostolical benediction, and gives them the same plenary indulgence usually granted by his predecessors to those who undertook a crusade for recovering the Holy Land from the Saracens and the Turks."

See Records,

num. 97.

Cambden.

tains some of

why.

To proceed: the misunderstandings between the seculars Harrington. and Jesuits still continuing in England, Bancroft, bishop of Bishop BanLondon, entertained some of the former, and furnished them croft enterwith conveniences to write against their adversaries. This the secular priests, and probably was done partly out of a design to keep up the division, and partly to encourage the honester side; for that the seculars, notwithstanding their difference in religion, were men of loyal principles, appears by a paper signed by several of them about this time. I shall give it the reader in their own words :—

:

"Whereas it hath pleased our dread sovereign to take A. D. 1601. notice of the faith and loyalty of us her natural-born sub- The secular priests' loyal jects, secular priests, and of her princely clemency hath protestation. given a sufficient earnest of some merciful favour towards us, being all subject by the laws of the realm to death, by our return into our country after our taking the order of priesthood, since the first year of her majesty's reign; and only demandeth of us for this intended favour, an assurance of the said fidelity unto her majesty's person, crown, estate, and dignity; we, whose names are under-written, in most humble-wise prostrate at her majesty's feet, do acknowledge ourselves infinitely bound unto her majesty therefore; and are most willing to give such assurance and satisfaction in this point as any Catholic priests can give unto their sovereign.

"First. Therefore we acknowledge and confess the

WHIT- queen's majesty to have as full authority, power, and soveAop. Cant, reignty, over us, and over all the subjects of the realm, as

GIFT

any of her highness's predecessors ever had. And further, we protest that we are most willing and ready to obey her 665. in all cases and respects, as far forth as ever Christian priests within this realm, or in any other Christian country, were bound by the law of God, and Christian religion, to obey their temporal princes.

"Secondly. Whereas for these many years past, divers conspiracies against her majesty's person and estate, and some forcible attempts for invading and conquering her dominions, have been made under we know not what pretences and intendments, of restoring Catholic religion by the sword, (a course most strange in the world, and undertaken peculiarly and solely against her majesty and her kingdoms, among other princes departed from the religion and obedience of the see apostolic no less than she,) by reason of which violent enterprises her majesty (otherwise of singular clemency towards her subjects) hath been greatly moved to ordain and execute severer laws against Catholics (which by reason of their communion with the see apostolic in faith and religion, were easily supposed to favour these conspiracies and invasions) than perhaps had ever been enacted or thought upon, if such hostilities and wars had never been undertaken. We, to assure her majesty of our faithful loyalty, also in this particular case, sincerely protest, and by this our public fact make known to all the Christian world, that in these cases of conspiracies and invasions which hereafter may be made by any foreign prince or potentate for the disturbance and subversion of her majesty's state and dominions, under the aforesaid pretences and intendments; we will, according to the rules of Christian religion, defend our prince and country from all these violent assaults and injuries. And, moreover, we will not only ourselves resist them as inconvenient means to introduce Catholic religion into our country, but also earnestly persuade lay-Catholics to do the same.

"Thirdly. If upon any such invasions the pope should excommunicate every one that would not forsake the aforesaid defence of her majesty and the realm, and take part

BETH.

with such conspirators and invaders; in this case we do ELIZAthink ourselves and the lay-Catholics not bound in conscience to obey this censure, but will defend our prince and country.

"And because nothing is more certain than that, whilst we endeavour to assure her majesty of our dutiful affection and allegiance by this our Christian and sincere protestation, there will not want those who will condemn and misconstrue our lawful fact: yea, and by many sinister suggestions and calumnies discredit our doings with the Christian world, but chiefly with the pope's holiness, to the greatest prejudice and harm of our good names and persons that may be, unless we maturely prevent their malice herein;-we most humbly beseech her majesty, that in this our recognizing, and yielding Cæsar's due unto her, we may also by her gracious leave be permitted, for avoiding obloquy and calumnies, to make known by like public act, that by yielding her right unto her, we depart from no bond of that Christian duty which we owe to our supreme spiritual pastor. "And therefore we acknowledge and confess the bishop of Rome to be the successor of St. Peter in that see; and to have as ample and no more authority or jurisdiction over us and other Christians, than had that apostle by the gift and commission of Christ our Saviour. And that we will "This paper," says obey him so far forth as we are bound by the laws of God bishop Banto do, and may stand with performance of our duty to our his own temporal prince, in such sort as we have before professed: hand, was for as we are most ready to spend our blood in defence of me by the priests." her majesty and our country, so will we rather lose our Ex Biblioth. lives than infringe the authority of Christ's Catholic Church." R. Harley

croft, under

Armig.

ment at

A bill

On the 27th of October this year the parliament met at A parliaWestminster: at this session a bill against plurality of Westminbenefices was brought into the lower house, and read the ster.. second time. The passing this bill was opposed by several against members to mention some of them, doctor Crompton benefices. plurality of wished the laity would lead the way in this pretended reformation; and that secular men might be restrained from plurality of offices in the first place; that formerly impropriations belonged to the spiritualty; that in those

VOL. VII.

S

GIFT,

WHIT times clergymen being bound to celibacy, might subsist upon Abp. Cant. less expense: but that now since impropriations are taken from them, and marriage allowed, their revenues are lessened, and their charge increased; and therefore a single benefice of slender value must be an incompetent maintenance. Serjeant Harris seconded this doctor, and suggested, that this bill could not pass without breaking in upon a custom of the house, which they had constantly observed; and that was, "not to meddle with any matter which touches her majesty's prerogative:" and that supposing the act should pass, her majesty might grant a dispensation with a non obstante. To show the extent of the prerogative, Sir George Moor, a member of the house of Commons, in his speech to the bill against monopolies, has these words: "We know the power of her majesty cannot be restrained by any act. Admit we should make the statute with a non obstante, yet &c. p. 219, the queen may grant a patent with a non obstante, to cross this non obstante." These assertions were neither censured nor contradicted by the house: and that there was no great singularity in this doctrine rightly understood, appears by the resolution of all the judges of England about two years forwards; where, after mature deliberation upon a case proposed, they delivered it as their opinion, "that the king has power (upon considerations moving him, with respect to time, place, or person, &c.) to grant a non obstante for dispensing with any particular person to cover him from incurJacob. Penal ring the penalty of a statute." And for this they vouched the authority of their law-books.

Townsend's
Historical
Collections,

234.

Coke's
Reports,
lib. 7.
Hilar. 2.

Statutes.

As to the bill against pluralities, it miscarried, and therefore I shall look after it no further. But for fear it might have gone through both houses, archbishop Whitgift (as it is most probable) drew up some reasons to dissuade the queen from giving her royal assent: I shall transcribe them from the Lambeth manuscript.

The title stands thus:

666. "Reasons against the Bill now exhibited in the Lower House of Parliament, against Plurality of Benefices. A defence of "It is to be considered, that by the laws now in force, none may have two benefices with cure, above eight pounds

pluralities.

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