The Project Gutenberg EBook of Index Expurgatorius Anglicanus, by W. H. Hart This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org. If you are not located in the United States, you'll have to check the laws of the country where you are located before using this ebook. Title: Index Expurgatorius Anglicanus Author: W. H. Hart Release Date: April 26, 2015 [EBook #48796] Language: English Character set encoding: UTF-8 *** START OF THIS PROJECT GUTENBERG EBOOK INDEX EXPURGATORIUS ANGLICANUS *** Produced by David Starner, John Campbell and the Online Distributed Proofreading Team at http://www.pgdp.net TRANSCRIBER'S NOTE A missing name or word is denoted by [ ], as in the original. The format of some dates in the original text showed a year digit over another digit, similar to 167½ for example. These have been changed to the form 1671/2. The TABLE OF CONTENTS section has been created by the Transcriber. Obvious punctuation errors have been corrected after careful comparison with other occurrences within the text and consultation of external sources. The use of quotation marks in letters and other quotations is not consistent in the book; some adjustments have been made to have consistency within a particular letter or quotation. More detail can be found at the end of the book. INDEX EXPURGATORIUS ANGLICANUS: OR A DESCRIPTIVE CATALOGUE OF THE PRINCIPAL BOOKS PRINTED OR PUBLISHED IN ENGLAND, WHICH HAVE BEEN SUPPRESSED, OR BURNT BY THE COMMON HANGMAN, OR CENSURED, OR FOR WHICH THE AUTHORS, PRINTERS, OR PUBLISHERS HAVE BEEN PROSECUTED. BY W. H. HART BURT FRANKLIN NEW YORK Published by BURT FRANKLIN 235 East 44th St., New York, N.Y. 10017 Originally Published: 1872-1878 Reprinted: 1969 Printed in the U.S.A. This book is complete in five parts ending at numbered page 290. Library of Congress Card Catalog No.: 76-80250 Burt Franklin: Bibliography & Reference Series 302 TABLE OF CONTENTS Page Part I 3 Part II 67 Part III 131 Part IV 195 Part V 243 Part I.] [To be continued. INDEX EXPURGATORIUS ANGLICANUS: OR A DESCRIPTIVE CATALOGUE OF THE PRINCIPAL BOOKS PRINTED OR PUBLISHED IN ENGLAND, WHICH HAVE BEEN SUPPRESSED, OR BURNT BY THE COMMON HANGMAN, OR CENSURED, OR FOR WHICH THE AUTHORS, PRINTERS, OR PUBLISHERS HAVE BEEN PROSECUTED. BY W. H. HART, F.S.A. PRICE TWO SHILLINGS. LONDON: JOHN RUSSELL SMITH, 36, SOHO SQUARE. 1872. The object of this work, which at present it is believed is sufficiently indicated by the title, will be more fully explained in the preface, which cannot as yet conveniently be printed. It is not possible to estimate the exact extent of the work, but it will be included in one moderately sized volume, published in parts of similar size and price to that now issued. W. H. HART. October, 1872. INDEX EXPURGATORIUS ANGLICANUS. 1. A Supplicacyon for the Beggers. (Compiled by Simon Fyshe, Anno MCCCCCXXIIII.) This book gave considerable uneasiness to Cardinal Wolsey, who was personally attacked in it, and sought by every means to discover and punish its author. It was prohibited by a proclamation issued in June, 1530. An account of Simon Fish, "a zealous man for the reformation of abuses in the church" will be found in Wood's Athenæ Oxonienses and Tanner's Biblioth. Britan. 2. The Newe Testament, in Englysshe, (translated by William Tyndale.) Assumed to have been printed at Cologne in the Office of Peter Quentell and finished at Worms by Peter Schoeffer, 1525. It was inhibited by order of Bishop Tonstall and Archbishop Wareham and burnt. An imperfect copy is in the Grenville collection, British Museum. 3. The Parable of the wicked Mammon. (By William Tyndale), 1528. The Obedyence of a Christen Man, and how Christen Rulers ought to governe. (By the same), 1528. These books were prohibited by the before mentioned proclamation of June, 1530. 4. The Revelation of Antichrist. No date. This book was prohibited by the before mentioned proclamation of June, 1530. 5. The Summary of Scripture. No date. This book was prohibited by the before mentioned proclamation of June, 1530. It is a translation by Simon Fish from the German. 6. An exposition upon the fifth, sixth, and seventh chapters of Matthew. No publisher or date. Printed for Tyndale while he was in Holland in 1537 by R. Grafton, for which he was thrown into the Fleet for six weeks. 7. The historie of Italie, a boke excedyng profitable to be redde; because it intreateth of the astate of many and divers common weales, how thei have ben and now be governed, 1549. London. This book was suppressed and burnt by the Common Hangman, but a reprint was subsequently made in 1561. The original edition is very rare. "W. Thomas," says Holinshed, "who wrote the History of Italie and other thinges verie eloquentlie, was hanged and quartered at Tiburne, 18 May, 1554, for conspiring to murther Queen Mary." He had been Tutor to Edward VI, and some of his letters are preserved by Strype. 8. The Union of the two noble and illustre famelies of Lancastre and Yorke, beyng long in continuall discension for the Crowne of this noble realme, with all the actes done in both the tymes of the Princes, both of the one linage and of the other, beginnyng at the tyme of Kyng Henry the fowerth, the first aucthor of this devision, and so successively proceading to ye reigne of the high and prudent Prince, Kyng Henry the eyght, the indubitate flower and very heire of both the saied linages. Whereunto is added to every Kyng a severall table. (By Edward Halle), 1550. This book was prohibited by a proclamation dated June 13, 1555. (Foxe's Acts and Monuments, vol. 7, p. 127, ed. 1847.) 9. A declaration of the succession of the Crown Imperial of England. By John Hales. London, 1563. This book was written in support of the marriage and the claims of Lord Hertford's children by the Lady Catherine Grey. The Queen was so angry at its appearance that the author was committed to the Tower, and Bacon himself, the Lord Keeper, who was suspected of having had a hand in its appearance, fell considerably in his mistress's favour. [Pg 3] [4] [5] 10. An admonition to Parliament. 1571. The authors of this tract were most probably the Puritan divines John Field and Thomas Wilcox. It was frequently reprinted, and in 1572 Field and Wilcox presented a copy to the House of Commons, and were immediately committed to Newgate. By a proclamation dated June 11th, 1573, the admonition itself, and "one other also in defence of the sayde admonition" were commanded to be delivered up on pain of imprisonment, "and her highness further displeasure." 11. A Treatise of Schisme shewing, that al Catholikes ought in any wise to abstaine altogether from heretical Conventicles, to witt, their prayers, sermons, &c., devided into foure chapters. By Gregorie Martin, Licenciate in Divinitie, Douay, 1578. This book gave great offence to the Queen and her ministers, for it invites the ladies about the Queen's person to imitate the example of Judith in ridding the world of Holofernes. Though printed in 1578 it was not till 1584 that measures were taken concerning it. A copy had been sent by Cardinal Allen to William Carter, the printer for a new edition. That very copy, wanting the title page, is now in the Bodleian. The impression was seized, and on January 10th, at a Sessions held in the Old Bailey, for the gaol delivery of Newgate, Carter himself was there indicted, arraigned, and condemned of high treason for printing this book, and was for the same, on the next day drawn from Newgate to Tyburn, and there hanged, bowelled, and quartered. (Holinshed.) 12. A Letter sent by F. A., touching the Proceedings in a private Quarell and Unkindnesse, between Arthur Hall and Melchisidech Mallerie, Gentlemen, to his very Friend L. B., being in Italy. With an admonition by the Father of F. A. to him, being a Burgesse of the Parliament, for his better Behaviour therein. London, by Henry Bynneman, 1579-80. A book presenting a curious view of the habits and manners of the young men of family and fashion in the reign of Elizabeth. It is reprinted in the Miscellanea Antiqua Anglicana. Upon a motion made by Mr. Norton in the House of Commons on February 4th, 1580/81, stating that this book was "done and procured" by Mr. Arthur Hall, a member of that House: it was resolved that the Sergeant at Arms be forthwith sent to apprehend Mr. Hall, and the printer was also to be sent for; and accordingly on the 6th February Mr. Hall was brought to the bar and admitted the offence. On the 14th February it was resolved that he should be committed to the Tower for six months, and so much longer as until he should willingly make a retractation; that he be fined 500 marks, and be expelled the House of Commons. (Vide Commons' Journals, vol. 1, pp. 122, 124, 125, 126, 132, 136.) 13. The Discoverie of a Gaping Gulf whereinto England is like to be swallowed by another French marriage, if the Lord forbid not the banes, by letting her Majestie see the sin and punishment thereof. Mense Augusti Anno 1579. According to Camden[1] the Queen was much incensed at this book, in which those of the Council who favoured the marriage are taxed as ungrateful to their Prince and Country; the Queen herself (in the midst of several flattering expressions) is glanced at as unlike herself; the Duke of Anjou slandered with unworthy reproaches; the French nation odiously defamed; and the marriage itself, in regard of the difference of religion, (as of the daughter of God with a son of Antichrist) with virulent words condemned, as profane, dangerous to the Church, and destructive to the Commonwealth; and this proved out of the Holy Scriptures, miserably wrested. Neither would the Queen be persuaded that the author of the book had any other intent but to procure the hatred of her subjects against her, (who had always no less regard of the love of her people than she had of her own authority, and as Princes use to do, made it her chief care to preserve her reputation) and privately to open a gap for some prodigious innovation; considering that the writer had not so much as mentioned the security of the Queen and realm, or prevention of dangers to either, and that the States of the Realm had before with all earnestness besought her to marry, as the most assured remedy against the threatening mischiefs. These things she declared by public proclamation,[2] wherein having condemned the author of the book as a publisher of sedition, she highly commended the Duke of Anjou's good affection towards her and the Protestant religion, and expressed her resentment that so great an injury should be offered to so noble a Prince, and one that had so well deserved, who had desired nothing to be altered either in the commonwealth or religion: and withal, she commended Simier, the Duke of Anjou's agent, for his wisdom and discretion, whom some had loaded with calumnies and slanders. She also advertised the people that the said book was nothing else but a fiction of some traitors, to raise envy abroad, and sedition at home; and commanded it to be burnt before the magistrate's face. From this time forward she began to be a little more incensed against the puritans, or innovators, from whom she easily believed these kind of things proceeded: and indeed, within a few days after, John Stubbs of Lincoln's Inn, a furious hot-headed professor of religion, (whose sister, Thomas Cartwright, a ringleader amongst the Puritans, had married) the author of this book, William Page, who dispersed the copies, and Singleton the printer, were apprehended; against whom sentence was given, that their right hands should be cut off, according to an Act of Philip and Mary, against the authors and publishers of seditious writings. Though some lawyers muttered that the sentence was erroneous and void by reason of the false noting of the time wherein the law was made; and that that Act was only temporary, and died with Queen Mary. Of this number was Dalton, who often bawled it out openly, and was committed to the Tower; and Monson, a judge in the Court of Common Pleas, was so sharply reprehended, that he resigned his place, forasmuch as Wray, Lord Chief Justice of England, made it appear that there was no mistake in noting the time; and proved by the words of the Act, that the Act was made against those who should abuse the King by seditious writings, and that the King of England never dieth; yea that that Act was renewed Anno primo Elizabethæ, to be in force during the life of her and the heirs of her body. Hereupon Stubbs and Page had their right hands cut off with a cleaver, driven through the wrist by the force of a mallet, upon a scaffold in the market place at Westminster. The printer was pardoned. I remember (being there present) that Stubbs, after his right hand was cut off, put off his hat with his left, and said with a loud voice "God save the Queen." The multitude standing about was deeply silent; either out of an horror of this new and unwonted kind of punishment, or else out of commiseration towards the man, as being of an honest and unblamable repute; or else out of hatred of the marriage, which most men presaged would be the overthrow of religion. On October 5th, 1579, a circular was prepared from the Council to the bishops, to give notice to the clergy and others that the seditious suggestions set forth in Stubbs's book were without foundation, and that special noted preachers should declare the same to the people. Eleven copies of this circular are in the Public Record Office unfinished, some signed, others not fully signed, and some not signed at all; from which it would appear that none were sent, and that the matter dropped. 14. Henry or Harry Nicholas, The works of. These productions, which include a miscellaneous collection of books and tracts on the peculiar principles of the sect called The Family of Love, were by royal proclamation dated October 13, 22 Elizabeth, ordered to be burnt, and all persons declared punishable for having them in their possession without the ordinary's permission. [6] [7] [8] [9] This Family of Love or House of Charity as they styled themselves, were sectaries out of Holland who persuaded their followers "That those only were elected and should be saved, who were admitted into that Family, and all the rest Reprobates, and to be damned; and that it was lawful for them to deny upon their oath before a magistrate whatsoever they pleased, or before any other who was not of their family." Of this fanatical vanity they dispersed books amongst their followers, translated out of the Dutch tongue into the English, they were entitled The Gospel of the Kingdom, Documental Sentences, The Prophecy of the Spirit of Love, The publishing of Peace upon Earth. The author, H. N., they could by no means be persuaded to reveal; yet was it found afterwards to be Henry Nicholas of Leyden, who with a blasphemous mouth gave out, that he did partake of God, and God of his humanity. (Camden's Life and Reign of Queen Elizabeth, p. 477.) 15. The confession and execution of John Slade. The confession and execution of John Bodye. (1583.) A black letter tract dedicated to "Maister H. S., by R. B., from Winchester." Slade and Bodye were sufferers under the oppressive laws of the time against the adherents of the Catholic religion, and were executed in the autumn of 1583. (See Challoner's Memoirs of Missionary Priests.) This tract was suppressed and the author punished. 16. A book without title or date, but plainly of Catholic tendency. (1584.) This book was alleged to have been published or dispersed on January 22nd, 1584, by one Robert Sutton, a yeoman, and Charles Ratclyffe, gentleman, both of Aylsham in Norfolk, for which they were prosecuted; but the indictment was held to be insufficient.[3] It charges that "Robertus Sutton nuper de Aylesham in comitatu Norfolciæ yoman vicesimo secundo die Januarii anno regni dominæ Elizabethæ Dei gratia Angliæ Franciæ et Hiberniæ Reginæ fidei defensoris &c., vicesimo sexto apud Aylesham prædictam in comitatu prædicto advisate anglice advysedly et voluntarie publicavit ut veritati consentaneum quendam librum continentem in se hæc anglicana verba sequentia videlicet not to be wyth the Pope is to be wyth antecryste Et sic prædictus Robertus Sutton tunc et ibidem assistebat anglice stode wyth ad extollendam jurisdictionem Pontificis Romani præantea usurpatam infra hoc regnum Angliæ contra formam statuti in hujusmodi casu nuper editi et provisi et contra pacem dictæ dominæ Reginæ nunc coronam et dignitatem suas &c. Item alias scilicet die et anno prædictis ad sessionem prædictam coram præfatis justiciariis per sacramentum juratorum prædictorum similiter extitit præsentatum quod Carolus Ratclyffe nuper de Aylesham in comitatu Norffolciæ generosus vicesimo secundo die Januarii anno regni dominæ Elizabethæ Dei gratia Angliæ Franciæ et Hiberniæ Reginæ Fidei Defensoris &c. vicesimo sexto apud Aylesham prædictam in comitatu Norffolciæ prædicto advisate anglice advysedly et voluntarie publicavit ut veritati consentaneum quendam librum continentem in se hæc anglicana verba sequentia videlicet not to be wyth the Pope is to be wyth antechryste Et sic prædictus Carolus Ratclyffe tunc et ibidem assistebat anglice stode wyth ad extollendam jurisdictionem Pontificis Romani præantea usurpatam infra hoc regnum Angliæ contra formam statuti in hujusmodi casu nuper editi et provisi et contra pacem dictæ dominæ Reginæ nunc coronam et dignitatem suas &c." 17. Modest answer to the English Persecutors; or a defence of English Catholics against a slanderous libel intituled "The execution of justice in England." No publisher or date. This book was published anonymously, but is known to be the production of Cardinal Allen. Thomas Allfield, a priest, who had (says Dr. Challoner)[4] found means to import into the realm some copies thereof, "and had dispersed them by the help of one Thomas Webley, a dyer; was called to an account, as was also the said Webley, and both the one and the other were most cruelly tortured in prison; I suppose in order to make them discover the persons to whom they had distributed the said books. They were afterwards brought to their trial and condemned on the 5th of July, (1585), and suffered at Tyburn on the day following; where both the one and the other had their life offered them if they would renounce the pope, and acknowledge the queen's church headship; which they refusing to do were both executed." The indictment against Allfield is as follows, (Lansdowne M.S. British Museum 33, no. 58.) Londonia scilicet. Juratores pro domina Regina præsentant quod cum per quendam actum in Parliamento dominæ Reginæ nunc tento per prorogationem apud Westmonasterium sexto decimo die Januarii anno regni sui vicesimo tertio editum et provisum inter alia inactitatum et stabilitatum existit authoritate parliamenti illius quod si aliqua persona sive personæ post finem quadraginta dierum proximo sequentium post finem illius sessionis ejusdem parliamenti infra hoc regnum Angliæ vel in aliquo alio dominiorum dominæ Reginæ nunc vel in aliquo alio loco extra dominia dictæ dominæ Reginæ advisate et cum maliciosa intentione versus dictam dominam Reginam nunc devisarent et scriberent imprimerent vel exponerent devisaret et scriberet imprimeret vel exponeret anglice sett forthe aliquem librum rythmum canticum vocatum a ballade literam sive scriptum continentem aliquam falsam seditiosam et scandalosam materiam ad defamationem Regiæ Majestatis vel ad animandam excitandam vel movendam aliquam insurrectionem vel rebellionem infra hoc regnum aut aliquod dominiorum eidem regno spectantium vel si aliqua persona seu personæ post finem prædictorum quadraginta dierum sive infra hoc regnum aut alia dominia ipsius Reginae vel in aliquo alio loco extra dominia dictæ dominæ Reginæ advisate et cum maliciosa intentione versus dictam dominam nostram procurarent vel causarent procuraret vel causaret aliquem talem librum rythmum canticum vocatum a ballade literam sive scriptum scribi imprimi publicari sive exponi anglice sett forthe et offensione illa non existente punibili per statutum factum in anno vicesimo quinto regni nuper regis Edwardi tertii concernens proditionem sive declarationem proditionis vel per aliquod aliud statutum per quod aliqua offensio facta sive declarata fuit proditio quod tunc quælibet talis offensio reputaretur et adjudicaretur felonia et offensores in eodem inde convicti et attincti existentes paterentur tales pœnas mortis et forisfacturas prout in casu feloniæ usitatum fuit absque aliquo beneficio clericatus sive sanctuarii allocando offensori in ea parte prout per statutum prædictum inter alia plenius apparet. Cumque hoc non obstante quidam Willielmus Alleyn Theologiæ Professor desiderans dictam dominam Reginam supremam dominam nostram in odium et malevolentiam apud omnes subditos suos inducere et quantum in ipso fuit efficere ut omnes subditi ipsius dominæ Reginæ existimarent quod dicta domina Regina fuit heretica et elapsa a vera Christiana fide et quod fuit apostata princeps advisate et cum maliciosa intentione versus dictam dominam Reginam quendam librum in partibus transmarinis imprimi fecit continentem quamplurimas falsas seditiosas et scandalosas materias ad defamationem dictæ dominæ Reginæ nunc et ad excitationem insurrectionis et rebellionis infra hoc regnum Angliæ et ad subvertionem veræ et sinceræ Dei religionis in eodem regno recte et pie stabilitatæ videlicet in uno loco in eodem libro hæc Anglicana verba sequentia. They (innuendo Edmundum Campion Radulphum Sherwin et alios falsos proditores nuper de alta proditione attinctos) might have spoken theire minde boldely nowe at theyre passage and departure from this worlde as sythence that tyme we understande a worshipfull laye gentleman (innuendo quendam Jacobum Leyborne nuper similiter de alta proditione attinctum) did, who protested both at his arraynement and at his death that her Majestie (innuendo dictam dominam Reginam nunc) was not his lawfull Queene for two respectes, the one for her byrthe, thother for the excommunicacion; her Highenes havinge sought neyther dispensacion for the first nor absolucion for the seconde. Et in alio loco in eodem libro hæc Anglicana verba sequentia. By the fall of the kinge from the fayth the daunger is so evident and inevitable that God had not sufficiently provided for our salvacion and the preservacion of his Churche and holy lawes yf there were no waye to deprive or restrain apostate Princes (falso innuendo dictam dominam Reginam fore Principem apostatam.) We see howe the whole worlde did runne from Christe after Julian to playne Paganisme, after Valens to Arrianisme, after Edward the Sixth with us into Zwynglianisme, and would doe into [10] [11] [12] Turcisme yf any powrable Prince will leade his subjectes that waye. Yf our fayth or perdicion shoulde on this sorte passe by the pleasure of everie seculer prince and no remedie for yt in the state of the Newe Testament, but men must hold and obey him to what infidelitie soever he fall, then we were in worse case (innuendo cunctum populum hujus regni Angliæ) then heathens and all other humayne commonwealthes which both before Christe and after have had meanes to deliver themselves from such tyrantes as were intollerable and evidently pernicious to humaine societie (falso prætendens per illud dictam dominam Reginam fore intollerabilem et perniciosum tyrannum societati subditorum suorum.) The bonde and obligacion we have entred into for the service of Christe and the Churche far exceedeth all other duety which we owe to any humaine Creature. And therefore where the obedience to the inferior hindereth the service of the other which is superior, we must by lawe and order discharge ourselves of the inferior. The wyfe yf she cannot live with her owne husband (beinge an infidell or an heretique) without injurie and dishonor to God, she maye departe from him or contrariwise he from her for the like cause, neyther oweth the innocent partie nor the other can lawfullie clayme any conjugall dutie or debt in this case. The verie bond slave which is in another kinde no lesse bounde to his Lorde and Maister then the subjecte to his Soveraigne, maye also by the auncient imperiall lawes departe and refuse to obey or serve him yf he become an heretique, yea ipso facto he is made free. Finally the parentes that become heretiques lose the superioritie and dominion they have by lawe or nature over their owne children. Therefore lett no man marveile that in case of heresie the Soveraigne looseth his superiority over his people and kingedome (innuendo per illud quod dicta domina Regina nunc perderet superioritatem super subditos suos). Et in alio loco ejusdem libri hæc Anglicana verba sequentia. And as for his holines accion in Ireland (innuendo invasionem per medium Romani episcopi in Hibernia factam) we that are neyther so wise as to be worthie nor so mallaparte as to challenge to knowe his intencions, councell, and disposicions of those matters, can nor will neyther defend nor condemne, onely this is evidente that these small succors which were given by him (innuendo dictum Episcopum Romanum) to the Irishe, or rather suffered at their owne adventure to goe into those warres came uppon the ymportunate sute of the sore afflicted Catholiques, and some of the chiefest nobilitie of that countrye, of whose continuall complaintes knowne calamities, and intollerable distresses of conscience and otherwyse yt maye be he was moved with compassion and did that in cause of religion against one (innuendo dictam dominam Reginam nunc) whome he toke in his owne judgement rightly by his predecessor's sentence to be deposed, and in a quarrell in his sight most just and godly. And perhaps he (dictum episcopum Romanum innuendo) was the rather readie to doe this for Irelande, for that the sea Apostolique hath an old clayme to the Soveraigntye of that countrie. Et in alio loco in eodem libro hæc Anglicana verba sequentia. And this our countrie's scourge (innuendo hoc regnum Angliæ) proceedinge wholye of our notorious forsakinge the Catholicke Churche and sea apostolique (innuendo sedem Romani Episcopi) began first in King Henrie the eight beinge Radex peccati of our dayes ubi revera Domina Regina nunc non fuit nec est heretica nec elapsa a vera Christiana fide nec fuit nec est apostata princeps nec incidit in heresim nec perdidit superioritatem et jus super cunctum populum et regnum suum et in quibus regnis revera nullus episcopus Romanus habet potestatem deprivandi sive deponendi aliquem principem. Quidam tamen Thomas Allfild nuper de Londonia clericus statutum prædictum minime ponderans felonice ut felo dictæ dominæ Reginæ nunc decimo die Septembris anno regni dictæ dominæ Reginæ nunc vicesimo sexto apud Londoniam videlicet in parochia Omnium Sanctorum in Breadstreate in warda de Breadstreate Londoniæ advisate et cum maliciosa intentione versus dictam dominam Reginam nunc prædictum librum prædicti Willielmi Alleyne continentem prædictas falsas seditiosas et scandalosas materias in Anglicanis verbis superius recitatas et quamplurima alia ad defamationem dictæ dominæ Reginæ nunc et ad excitationem insurrectionis et rebellionis infra hoc regnum Angliæ diversis subditis dictæ dominæ Reginæ publicari et exponi causavit anglice, did cause to be published and sette forthe contra formam statuti prædicti in hoc casu provisi et contra pacem dictæ dominæ Reginæ nunc coronam et dignitatem suas. The following account of the trial of Allfield, which took place on Monday, July 6th, 1585, is taken from Lansdowne M. S., (British Museum) 45, no. 74. The effect and the substaunce of the matter that was done and spoken at the arraignement of Thomas Allfeild, a Jesuett Preiste, att Newgate, uppon Mondaie, the fifth Julie, 1585. First he and his ffellowes were brought from Newgate and placed at the barre. My Lord Maior, My Lord Buckhurste, the Master of the Rolls, My Lord Anderson, Mr. Sackforth, Sir Rowland Hayward, Mr. Owen, Mr. Younge, and the Recorder, sett downe uppon the Benche. Mr. Towne Clarke redd the Commyssion of Oire and determiner; after this, a substaunciall jurie of the best commoners to the nosmber of twentie or there-abowtes, were sworne to enquire, &c. Then the Recorder gave that speciall charge that belongeth to that commission; after that done, the enqueste of inquirie went upp into the Councell Chamber at the Sessions Hall: in which place Mr. Attorney and Mr. Solicitor did reade unto the enquest the three severall indictmentes, and there the offenders, uppon good evidence geven were indicted. Billa vera was sett uppon everye one of them. The enquest returned to the courte, and beinge called by name they presented the bylls to the courte; the Towne Clarke received them and delivered them to the Recorder, and he opened them and showed them to the rest of the Justices howe they were fownde. And thereuppon the Towne Clerke was willed to call them to the barr and soe to arraigne them, who begane first with Allfeilde, and the indictment redd, he was demaunded whether he were gyltie of the matter conteyned in that indictment, to the which he would make noe aunswere, and prayed that he might be hard speake, and thereuppon he used a certen ffrivolous speache conteyninge noe matter, the effect whereof was that the cause in question was such, that the same owght to be tryed before learned men in Divinitie, and not before layemen; and after with much adoe he pleded not gyltie. And being asked howe he would be tryed, and also beinge tolde that he owght to be tryed by God and the countrie, he made a longe staye, and saied that it was noe reason that xij ignorant men should trye a matter of religion, but that it owght to be tryed by learned men. And then was it told him, that a matter in ffact was laied to his charge, viz., for bringinge into the realme and utteringe of a certen slaunderous and lewed booke against her Majestie and the realme, devised by one Doctor Allen. To the which Allfeild aunswered and saied expresslie that the same booke was a loyall booke, a lawfull booke, a good and a true booke, and that the same was prynted in Parrys under the King's priviledge there; and was allowed for a good and a lawfull booke throwghowt all the universities in Christendome beyonde the seas, and that it towched nothing butt matters of religion. And beinge asked whether it were a matter of religion that the Pope had aucthoritie to depryve the Quene of England, and he aunswered that in generaltie it was a matter of Religion that the Pope had aucthoritie to deprive any Kinge yf he sawe cause, ffor that the Pope was a regall kinge and prince and that he might take armes in hand as well as other kinges might doe. Yt was aunswered him that the courte sate not to trye matters of religion, but a matter de facto, that whether he browght the said slaunderous bookes into the realme, and whether he had disparsed them. To the which he aunswered that he had brought ffyve or syx hundreth of the same bookes into the realme, and that he had disparced them as he sawe occasion. And further he affirmed expresslie, that the booke was a good booke and lawfull, and declared as he had before done, howe the same was allowed, &c. And after he was urged to put himselffe uppon his tryall, and was put in remembraunce what the punishment of the lawe was, yf judgement were geven against him, de payne fort et dure. And thereuppon yt was asked him howe he would be tryed, and he aunswered by God and the countrye; and then he was told by the courte, that uppon the evidence geven, he should be hard att large, and then was a jurye of verie sufficient commoners called, and he was especiallie warned by the Towne Clerke to take his challenges unto them as they should come to the booke to be sworne. The jurye beinge sworne, the indictment was redd, the which conteyned divers faulse, lewed, and slaunderous partes of Doctor Allen's booke, tendinge playnlye by expresse wordes, not onelie to treason, but most manifest and shamefull slaunders against her Majestie. Yet did Allfeild not sticke to saye, that it towched not the Quene any moore then it did the Frenche Kinge or Spanish Kinge. He travelled verie much to make the Commissioners to beleve that they understood not the slaunderous booke, addinge, this withall the same booke was especiallie devised and wrytten by Doctor Allen to aunswere him who had wrytten the booke of Justice of Englande, and not to slaunder the Quene. And after much speache used, and manye repeticions [13] [14] [15] [16] made all to one effecte, by Allfeilde, there was delivered to the jurye one of the bookes to compaire the wordes of the indictment with the booke and the examinacions, and they fyndinge them to agree, and hearinge him soe stowtlie to justifie the same to be a loyall booke. They retourned after a competent tyme, and beinge called by name and the prysoner beinge called to the barre, they were asked first of Allfeild, whether he were gyltye of the offence that was conteyned in the indictment. The fforeman sayed gyltie, &c. And after beinge asked what he could saye whye judgment of deathe should not be geven against him, he aunswered that the offence was pardoned, the pardone was redd, and yt was told him that his offence was excepted out of the pardone. And then did the Recorder call him fourthe, and recyted the effecte of the indictment and howe that he was fownd gyltie; and told him that he wondered that his ffather in Kinge Henrie's daies, beinge an usher of Eaton, and of a good religion, and had brought upp many learned devynes, and other that served the Quene in temporall causes, whereof hundrethes, the Recorder himselffe was one of the meanest, and that the same prisoner passed thorough the same Colledge, and so to the Kinges Colledge, beinge both of the Quene's highnes foundacion: and nowe had he so unnaturallie and beastlie behaved himselffe that he was become the first that ever was arraigned of ffelonye of any that ever passed those Colledges by the space of these fiftie yeres and moore. And then saied the Recorder, ye knowe that Christ paied trybute to Cesor, and commaunded that Cesor should be obeyed, and that eche man should yeld to Cesor his dewties. And that St. Paule in the end of the Actes was accused for Religion by the Jewes, and it was told him that he should be sent to Jerusalem to be tryed before the Preist there. And he aunswered that he stoode before the Tribunall or Judgement seat of Cesor, and there he owght to be tryed. And soe he appeled to Cesor, where his cause was hard, and he dismissed. Here, quoth the Recorder, ye see that Christe commaunded that Cesor should be obeyed, he saied not deposed. And St. Paule did appeell to Cesor and not to Peter, because he tooke Cesor to be his lawfull kinge. And all men knowe that Cesor was not of the faith of Christ, nor yet did he beleve as St. Paule did; and after a fewe wordes moore he gave judgement, and commaunded the Sheriffes to doe execucion. This Allfeild appered to have noe skill at all eyther in the old or newe Testament; there appeared noe manner of learninge in him; he was bolde, stowte, and arrogant,—he behaved himselffe more arrogantlie then any that ever the Commissioners had hard or seene in theire tymes; his wordes were such against her Majestie, that all the people fell into a murmer; he never used one worde of reverence towardes her highnes. And att his passage to execucion the people offered to praye with him and he refused theire offer, and saied that if there were any Catholickes there he would be glad to have theire assistaunce. 18. The discoverie of witchcraft, wherein the lewde dealing of witches and witchmongers is notablie detected; the knaverie of conjurors, the impietie of inchantors, the follie of soothsaiers, the impudent falshood of cousenors, the infidelitie of atheists, the pestilent practises of Pythonists, the curiositie of figure casters, the vanitie of dreamers, the beggerlie art of Alcumystrie, the abhomination of idolatrie, the horrible art of poisoning, the vertue and power of naturall magike, and all the conveiances of Legierdemaine and iuggling, are deciphered, and many other things opened which have long lien hidden, howbeit verie necessarie to be knowne. Heereunto is added a treatise upon the nature and substance of spirits and divels, &c.; all latelie written by Reginald Scot, Esquire. 1584. Many copies of this book were burnt by order of King James I. 19. A Lamentable Complaint of the Commonalty, by way of Supplication to the High Court of Parliament for a learned ministry, 1585. For printing this tract Robert Waldegrave was kept prisoner in the White Lion for twenty weeks, as asserted by Martin Marprelate in "Hay any worke for a cooper." 20. Martin Marprelate Tracts. 1.—The Epitome, 1588. 2.—Hay any worke for Cooper; penned and compiled by Martin the Metropolitane; no date. 3.—Martyn Senior. 4.—Martyn Junior. For printing and publishing these books, Sir Richard Knightly, Mr. Hales, and Sir —— Wickstone and his wife, were cited into the Court of Star Chamber on Friday, the 13th February, 31 Elizabeth, 1588. Knightley was many times member of Parliament for the County of Northampton in the reign of Queen Elizabeth. He was a great favourer of the Puritan party, and at the expence of printing these libels, as was reported, being influenced by Snape and some other leading ministers of this County. These libels were printed by one Walgrave, who had a travelling press for this purpose, which was once brought down to Fawesley, and from thence by several stages removed to Manchester, where both the press and the workmen were seized by the Earl of Derby. Sir Richard and his confederates were cited into the Star Chamber, and received the following sentences: himself for allowing The Epitome to be printed in his house, fined £2000; Mr. Hales for allowing The Supplication to Parliament and Hay any worke for Cooper to be printed in his house, 1000 marks; Sir —— Wickstone, for obeying his wife and not discovering it, 500 marks; Lady Wickstone for allowing Martyn Senior and Martyn Junior to be printed in their house, £1000; and all of them imprisonment at her Majesty's pleasure. Upon the intercession however of Whitgift, Archbishop of Canterbury, whom they had most insulted, they were set at liberty, and had their fines remitted. 21. A Dialogue wherein is plainly laide open the tyrannicall dealing of L. Bishops against God's children; with certaine points of doctrine, wherein they approove themselves (according to D. Bridges his judgement) to be truely Bishops of the Divell. 1589. This book was burnt by order of the Bishops, and is alluded to in Udall's Demonstration. It is in the form of a dialogue between four speakers,—"a Puritan, a Papist, a Jacke of both sides, and an Idoll Minister." It was reprinted in the year 1640. 22. A demonstration of the trueth of that discipline which Christ hath prescribed in his worde for the government of his church, in all times and places, untill the end of the world. No publisher or date. For writing and publishing this book John Udall, a Puritan minister, was brought before Lord Cobham and others on Tuesday, the 13th January, 1589/90, and examined as to the authorship; but on his refusing to be sworn he was committed to the Gatehouse close prisoner. On the 24th July, 1590, he was arraigned at the assizes at Croydon and found guilty, and the next day was brought up for judgment, but after long arguing with the judges he was respited on condition of writing a humble submission or supplication to her Majesty for his offence. In February, 1590/1, he was again brought up at the assizes in Southwark, when he received sentence; soon afterwards her Majesty was moved to grant him a pardon, but it was never obtained. On March 3rd, 1593, [17] [18] [19] [20] he wrote a letter from the White Lion prison, Southwark, to Lord Burghley, beseeching release, having been in durance for three years. The Earl of Essex, he said, had the draft of a pardon ready for her Majesty to sign it, and he besought his lordship to solicit her to do so; but the appeal was of no avail, and he soon after died in prison quite heart-broken. There is a copy of this book in the King's Library, Brit. Mus., and on one of the fly leaves the following note is written in an early hand. "Mr. Udall.—For this booke he was questioned, arraygned, and condemned, at which time he sayd, 'The blood of Udall (as Abell's against Cayne) shall cry out against you;' but he was saved by means of Sir Walter Rawleigh's mediation to Queen Elizabeth, but imprisoned all his time. The chiefest things they tooke advantage at was that passage towards the end of the epistle to the Bishops. If it come in by that means that it will make all your hearts ake, blame yourselves." 23. Certain discourses written by Sir John Smythe, Knight, concerning the formes and effects of divers sorts of weapons, and other verie important matters militarie, greatlie mistaken by divers of our men of warre in these daies; and chiefly of the mosquet, the caliver, and the long bow; as also of the great sufficiencie, excellencie, and wonderful effects of archers: with many notable examples and other particularities, by him presented to the nobilitie of this Realme, and published for the benefite of this his native Countrie of England. London, 1590. This work, according to Strype's Annals, 4, 46, was forbidden to be sold. In the Lansdowne M.S.S., Brit. Mus., (No. 64, art. 43) there is a letter from Sir T. Heneage to Lord Burghley, dated May 24th, 1590, concerning the suppression by the Queen's command, of this book. 24. A Conference about the next succession to the Crowne of Ingland, divided into two partes. Whereof the first conteyneth the discourse of a civill lawyer, how and in what manner propinquity of blood is to be preferred. And the second, the speech of a temporall lawyer, about the particuler titles of all such as do or may pretende within Ingland or without, to be the next successior. Whereunto is also added a new and perfect arbor or genealogie of the discents of all the kinges and princes of Ingland, from the Conquest unto this day, whereby each man's pretence is made more plaine. Directed to the Right Honourable the earl of Essex, of her Majesties privy councell, and of the noble order of the Garter. Published by R. Doleman. Imprinted at N. with licence, MDXCIIII. The intention of this book was to support the title of the Infanta against that of King James, after the death of Queen Elizabeth. The real authors were Robert Parsons the Jesuit, Cardinal Allen, and Sir Francis Englefield; and the printer is said to have been hung, drawn, and quartered. It was rigorously suppressed, and by the Parliament of 35 Elizabeth it was enacted that "whosoever should be found to have it in his house should be guilty of high treason." It was also condemned by the University of Oxford on account of its dangerous positions, particularly that which says "Birthright and proximity of blood do give no title to rule or government;" and was burnt in the School Quadrangle there in July, 1683. According to Camden, in his Life and Reign of Queen Elizabeth, (p. 576) the purport of this book, which quite laid aside the business of birthright, was: That the ancient laws of the land relating to hereditary succession ought to be altered. That new laws ought to be made about the choice of a King, and that none but a Roma Catholick, how near akin soever to the Crown, ought to succeed to it. Most of the Kings of England they traduced as mere usurpers, and all of the blood-royal in England as illegitimate, and so uncapable of succession. The King of Scots' title to the crown, though most certain and indisputable, they attempted to invalidate; and by sham tricks and devices endeavoured to set up the Infanta Isabella, the King of Spain's daughter, purely for being a Roman Catholic; a thing I am ashamed to mention, because the Priest's lips ought to preserve knowledge, and they should stand having their loins girt about with truth. Their first plea was, because, as this book pretends, she fetches her pedigree from Constance, the daughter of William the Conqueror, King of England, and wife to Alan Fergant, Earl of Bretagne; whereas notwithstanding Gulielmus Gemeticensis, who lived about that time, declares in his last book, that she died without issue, and he is followed by the consent of all the writers of the affairs of Bretagne. The next pretence was, because she had her descent from Eleanor, the eldest daughter of King Henry II, who was married to Alphonsus IX, King of Castile, whereas Pope Innocent III makes it out in Matthew Paris, (p. 381), that Maud, the wife of Henry Leo, Duke of Saxony, and mother of the Emperor Otho IV was his eldest daughter; and Robert, abbot of St. Michael's Mount, who christened her affirms that she was born 1162. A third argument was, because she was a descendant from Blanch, the eldest daughter of the said Eleanor, which was proved to be false both by Roderigo, Archbishop of Toledo, in his ninth book, and Pope Innocent, a writer of better credit, and both of them living in the same age. Another reason alleged was because she came originally from Beatrice, the daughter of Henry III, King of England, though 'twas forgot, in the mean time, that she had two brethren, Edward I, King of England, and Edward, Earl of Lancaster, from whom a great part of the nobility of England were lineally descended, besides the Royal Family. Again they asserted the Infanta's claim by the House of Portugal, and maintained on the same bottom the title of the Dukes of Parma and Braganza, from Philippa, the daughter of John of Gaunt, Duke of Lancaster, whom they make to be his eldest daughter by his wife Blanch; whereas Frosard, who was a courtier at that time, proves (fol. 169 of the second part of his history) that his eldest daughter was Elizabeth, wife to John Holland, afterwards Duke of Exeter, from whose loins proceeded a large race of nobility, all the kingdom over. Among the Domestic State Papers of the reign of Queen Elizabeth there is extant a copy of a letter from Robert Parsons to an unknown recipient, dated June 15th, 1599, concerning the book now under description. It is as follows:— Doctour Gifforde hath a lettere to prove this discourse is of Parsons' doinge. "The opinion and judgmente of C. A. before his death, concerninge the late printed booke of the Successyon, and certayne pointes therunto appertayninge. "For that you are desirous my lovinge Frennd to understande of certayntie whether C. A. before his death had reade the late publyshed booke aboute the Successyon, and what his opinyon, judgment, and censure was of the same, and of all that affaires; and for that you shewe in your lettere, that greate difference and varyetie in judgmentes, discourses, reasons, and affectyons doe beginne to discover themselves ther, where you are about this matter, I shall answere your whole demaunde as truly and perticulerly as the compasse of a lettere will give me leave; havinge had (as you knowe) noe small meanes (by reason of my intrinsicall familliarrytie with C. A. and in his most secrette affaires) to knowe his meaninge fully in the cause. First, when I did assure you that C. A. reade over the booke more then once, and that with much attention, and liked the same excedinge well for the whole subjecte and argumente therof, esteminge yt very necessary for all sortes of English people that such a booke should be written, to give them lighte in a matter importinge them soe highlye as doth the successyon of the Crowne, wherof all dependeth, that is to say, (as he was wonte to saye), both life, honor, goodes, and a greate peace of the soule; and he woulde often affirme that noe lawe in the worlde could be more unjuste or more contrary to all reason or conscience then to forbide men to speake or treate of that which above all thinges concerneth them moste. Secondly, I can tell you also that C. A. had studyed much this matter of successyon before his death, and had gathered divers notes and observatyons together with intention as yt seemeth to have written a discourse therof himselfe, if he had not bynne prevente by this other booke, which did soe much [21] [22] [23] contente and satisfye him, as presently he lefte of that cogitation, and sente all his papers, or the most parte therof, unto Mr. Fra. Peter, with whome he had conferred largly not longe before his deathe, by letteres of this affayre, doubtinge somwhat whether the time for some circumstances were fitte or noe to let the booke goe abroade, thoughe on the other side he were full of opinion that if it founde free passage it coulde not chose but doe infinite good. And as for the firste parte therof, which treateth of matter more in generall, and sheweth that propinquity and ancetry of bloude alone, althoughe it weare certaynely knowne, is not suffycyente to challenge admissyon to a crowne, excepte other conditions and circumstances requisite be founde alsoe in the person that doth pretende; as namely, witte, reason, and above all other thinges true religion; and that many nexte in bloude Royall have bynne justly barred and putt backe, and some alsoe deprived which were in posessyon, for these and lesser defectes, in all Christyan countryes throughout the worlde, and that this was allowed...