CHAPTER IV.

The responsibility of the intrigues in respect to the claims to the

English throne, at the beginning of the seventeenth century, rests to

some extent upon Queen Elizabeth herself. As Mr Gardiner puts it:--[57]

"She was determined that in her lifetime no one should be able to call

himself her heir." It was generally understood that James would succeed

to the throne; but, so long as there was the slightest uncertainty on

the question, it was but natural that the Catholics should be anxious

that a monarch should be crowned who would favour, or at least tolerate

them, and that they should make inquiries, and converse eagerly, about

every possible claimant to the throne. Fears of foreign invasion and

domestic plotting were seriously entertained in England during the

latter days of Elizabeth, as well as immediately after her death.

"Wealthy men had brought in their plate and treasure from the country,

and had put them in places of safety. Ships of war had been stationed in

the Straits of Dover to guard against a foreign invasion, and some of

the principal recusants had, as a matter of precaution, been committed

to safe custody."[58]

[57] _History of England_, from the Accession of James I. to the

outbreak of the Civil War, 1603-1642, Vol. i. p. 79.

[58] Gardiner's _History of England_, Vol. i. p. 85.

When James VI. of Scotland, the son of the Catholic Mary Queen of Scots,

ascended the throne, rendered vacant by the death of Elizabeth, as James

I. of England, no voice was raised in favour of any other claimant,

and[59] "the Catholics, flattered by the reports of their agents, hailed

with joy the succession of a prince who was said to have promised the

toleration of their worship, in return for the attachment which they had

so often displayed for the house of Stuart." King James owed toleration,

says Lingard, "to their sufferings in the cause of his unfortunate

mother;" and "he had bound himself to it, by promises to their envoys,

and to the princes of their communion."

[59] Lingard, Vol. vii. chap. i.

The opinion that the new king would upset and even reverse the

anti-Catholic legislation of Elizabeth was not confined to the Catholic

body: many Protestants had taken alarm on this very score, as may be

inferred from a contemporary tract, entitled[60]_Advertisements of a

loyal subject to his gracious Sovereign, drawn from the Observation of

the People's Speeches_, in which the following passage occurs:--"The

plebes, I wotte not what they call them, but some there bee who most

unnaturally and unreverentlie, by most egregious lies, wound the honour

of our deceased soveraigne, not onlie touching her government and good

fame, but her person with sundry untruthes," and after going on in this

strain for some lines it adds:--"Suerlie these slanders be the doings of

the papists, ayming thereby at the deformation of the gospell." [61] On

the other hand, there were both Catholics and Puritans who were

distrustful of James. Sir Everard cannot have been long a Catholic, when

a dangerous conspiracy was on foot. Sir Griffin Markham, a Catholic, and

George Brooke, a Protestant, and a brother of Lord Cobham's, hatched the

well-known plot which was denominated "the Bye," and, among many others

who joined it, were two priests, Watson and Clarke, both of whom were

eventually executed on that account. Its object appears to have been to

seize the king's person, and wring from him guarantees of toleration for

both Puritans and Catholics. Father Gerard acquired some knowledge of

this conspiracy, as also did Father Garnet, the Provincial of the

Jesuits, and Blackwell, the Archpriest; and they insisted upon the

information being laid instantly before the Government. Before they had

time to carry out their intention, however, it had already been

communicated, and the complete failure of the attempt is notorious. The

result was to injure the causes of both the Catholics and the Puritans,

and James never afterwards trusted the professions of either.

[60] Somers Tracts, Vol. ii. p. 147. From the Cotton Library,

Faustina, c. 11, 12, fol. 61.

[61] "James was an alien." "Supposing that on such principles King

James was rejected, who would come next? The Lady Arabella Stuart,

descended from Margaret, daughter of Henry VII. in the same manner

as King James, save that her father was a second son, and King

James's father was the eldest. But she had the fact of her birth and

domiciliation within the kingdom of England as a counter-poise to

her father's want of primogeniture." "Without openly professing

Roman Catholicism, she was thought to be inclined that way, and to

be certainly willing to make favourable terms with the Roman

Catholics." Introduction by J. Bruce to _Correspondence of King

James VI. of Scotland with Cecil and others_.

So far as the Catholics were concerned, the "Bye" conspiracy

unfortunately revealed another; for Father Watson, in a written

confession which he made in prison, brought accusations of disloyalty

against the Jesuits. It was quite true that, two years earlier, Catesby,

Tresham, and Winter--all friends of Sir Everard Digby's--had endeavoured

to induce Philip of Spain to invade England, and had asked Father Garnet

to give them his sanction in so doing; but Garnet had "misliked it," and

had told them that it would be as much "disliked at Rome."[62]

[62] Dodds' _Church History of England_, Vol. iv. p. 8. Tierney's

Notes.

Winter had arranged that if Queen Elizabeth should die before the

invasion, the news should be at once sent to the Spanish court. For this

purpose, a Yorkshire gentleman, named Christopher Wright, and one Guy,

or Guido, Faukes, or Fawkes, "a soldier of fortune," of whom we shall

have more to say by-and-bye, were sent to the Court of Spain in

1603. Although Father Garnet disapproved of the plan, he had given

Wright a letter of introduction to a Jesuit at the Spanish Court.

Neither Wright nor Fawkes were able to rouse King Philip, who said that

he had no quarrel with his English brother, and that he had just

appointed an ambassador to the Court of St James's to arrange the terms

of a lasting peace with the English nation. Knowing something of this,

Father Watson used it as an instrument of revenge against the Jesuits,

who, he knew, had intended to warn King James against his own attempt to

entrap him.[63] "It is well known to all the world," he wrote, "how the

Jesuits and Spanish faction had continually, by word, writing, and

action, sought his majesty's destruction, with the setting up of another

prince and sovereign over us; yea, and although it should be revealed

what practises they had, even in this interim betwixt the proclaiming

and crowning of his majesty." And then he enumerated some of these

"practises," among others, "levying 40,000 men to be in a readiness for

the Spaniard or Archduke; by buying up all the great horses, as Gerard

doth; by sending down powder and shot into Staffordshire and other

places, with warning unto Catholics to be in a readiness; by collection

of money under divers pretences, to the value of a million;" "by

affirming that none might yield to live under an heretic (as they

continually termed his majesty);" "and by open speech that the king and

all his royal issue must be cut off and put to death." In making these

bitter and, for the most part, untrue accusations against the Jesuits,

he complained that he was "accounted for no better than an infidel,

apostate, or atheist, by the jesuitical faction," and that he was never

likely "to receive any favour" from his majesty "so long as any Jesuit

or Spaniard" remained "alive within this land."

[63] Dodds' _Church History of England_, Appendix i. p. xxxv.

Undoubtedly, during the cruel persecutions of Elizabeth, Jesuits, as

well as secular priests, and Catholic laymen too, for that matter, had

hoped that her successor on the English throne might be of their own

religion; they had good cause for doing so; the Pope himself had urged

the enthronement of a Catholic monarch for their country, and in

fairness, it must be admitted that not a few Englishmen, who considered

themselves royalist above all others, had at one time refused to regard

Elizabeth herself as the legitimate possessor of the British crown; but,

when James had been established upon the throne, with the exception of a

few discontents, such as the conspirators in the "Bye" plot and the

diminutive Spanish party, the English Catholics, both lay and clerical,

acknowledged him as their rightful king. Pope Clement VIII.[64]

"commanded the missionaries" in England "to confine themselves to their

spiritual duties, and to discourage, by all means in their power, every

attempt to disturb the tranquillity of the realm;" he also ordered "the

nuncio at Paris to assure James of the abhorrence with which he viewed

all acts of disloyalty," and he despatched "a secret messenger to the

English Court with an offer to withdraw from the kingdom any missionary

who might be an object of suspicion to the Council."

[64] Lingard, Vol. vii. chap. i.

Unfortunately, the discovery of the two conspiracies above mentioned, in

which Catholics were implicated, weighed more with James than any

assurances of goodwill from the Pope or his emissaries. Had not Watson

given King's evidence? Had not foreign invasion been implored by

Catholics? Had they not intended "the Lady Arabella" as a substitute for

his own Royal Majesty upon the throne? And had they not treasonably

united with their extreme opposites, the Puritans, in a design to

capture his precious person, with a view to squeezing concessions out of

him, if not to putting him to death? To some extent he did indeed

endeavour to conciliate the higher classes among his Catholic subjects,

by inviting them to court, by conferring upon them the honour--such as

it was--of knighthood, as in the case of Sir Everard Digby, and by

promising to protect them from the penalties of recusancy, so long as by

their loyalty and peaceable behaviour they should show themselves worthy

of his favour and his confidence, but he absolutely and abruptly

refused all requests for toleration of their religious worship, and more

than once, he even committed to the Tower Catholics who had the

presumption to ask for it.

The times were most trying to a recent convert like Sir Everard Digby. I

will again quote Lingard[65] to show how faithless was James to the

promises he had made of relief to his Catholic subjects:--"The

oppressive and sanguinary code framed in the reign of Elizabeth was

re-enacted to its full extent; it was even improved with additional

severities."

[65] Vol. vii. chap. i.

And then, after describing the severe penalties inflicted upon those who

sent children "beyond the seas, to the intent that" they "should reside

or be educated in a Catholic college or seminary," as well as upon "the

owners or masters of ships who" conveyed them, and adding that "every

individual who had already resided or studied, or should hereafter

reside or study in any such college or seminary, was rendered incapable

of inheriting or purchasing or enjoying lands, annuities, chattels,

debts, or sums of money within the realm, unless at his return to

England, he should conform to the Established Church, he

says:--"Moreover, as missionaries sometimes eluded detection under the

disguise of tutors in gentlemen's houses, it was provided that no man

should teach even the rudiments of grammar without a license of the

diocesan, under the penalty of forty shillings per day, to be levied on

the tutor himself, and the same sum on his employer."

And again, when James had been a year on the throne, the execution of

the penal laws enabled the king "... to derive considerable profit,"

says Lingard.[66] "The legal fine of L20 per lunar month was again

demanded; and not only for the time to come, but for the whole period of

the suspension; a demand which, by crowding thirteen separate payments

into one of L260, exhausted the whole annual income of men in

respectable but moderate circumstances. Nor was this all. By law, the

least default in these payments subjected the recusant to the forfeiture

of all his goods and chattels, and of two-thirds of his lands,

tenements, hereditaments, farms, and leases. The execution of this

severe punishment was intrusted to the judges at the assizes, the

magistrates at the sessions, and the commissioners for causes

ecclesiastical at their meetings. By them warrants of distress were

issued to constables and pursuivants; all the cattle on the lands of the

delinquent, his household furniture, and his wearing apparel, were

seized and sold; and if, on some pretext or other, he was not thrown

into prison, he found himself and family left without a change of

apparel or a bed to lie upon, unless he had been enabled by the charity

of his friends to redeem them after the sale, or to purchase with

bribes the forbearance of the officers. Within six months the payment

was again demanded, and the same pauperizing process repeated."

[66] Vol. vii. chap. i.

It may be only fair to say, however, that Mr Gardiner thinks Lingard was

guilty of exaggeration on one point; for he says[67] "the L20 men were

never called upon for arrears, and, as far as I have been able to trace

the names, the forfeitures of goods and chattels were only demanded from

those from whom no lands had been seized."

[67] _History of England_, 1603-42, Vol. i. p. 329, footnote.

A letter in Father Garnet's handwriting to Father Persons on these

topics should have a special interest for us, as it was pretty certainly

written at Gothurst, where he seems to have been staying at the time it

is dated, October 4 and 21, 1605. It says[68]:--"The courses taken are

more severe than in Bess's time.... If any recusant buy his goods again,

they inquire diligently if the money be his own: otherwise they would

have that too. In fine, if these courses hold, every man must be fain to

redeem, once in six months, the very bed he lieth on: and hereof, of

twice redeeming, besides other precedents, I find one here in Nicolas,

his lodging," _i.e._, in the house of Sir Everard Digby. "The judges now

openly protest that the king will have blood, and hath taken blood in

Yorkshire; and that the king hath hitherto stroked papists, but now will

strike:--and this is without any desert of Catholics. The execution of

two in the north is certain:"--three persons, Welbourn and Fulthering at

York, and Brown at Ripon, had in fact been executed in Yorkshire that

year for recusancy.[69] Father Garnet continues:--"and whereas it was

done upon cold blood, that is, with so great stay after their

condemnation, it argueth a deliberate resolution of what we may expect:

so that you may see there is no hope that Paul," _i.e._ Pope Paul V.,

"can do anything; and whatsoever men give out there, of easy proceedings

with Catholics, is mere fabulous. And yet, notwithstanding, I am assured

that the best sort of Catholics will bear all their losses with

patience: but how these tyrannical proceedings of such base officers may

drive particular men to desperate attempts, that I cannot answer

for;--the king's wisdom will foresee."

[68] I quote from _Dodd and Tierney_, Vol. iv., Appendix xvi., p.

ciii.

[69] Challoner, ii. 12, 13.

Mr Gardiner, in noticing the fines levied on recusants, mentions[70] one

point in connection with them which would be peculiarly vexatious to a

man of Sir Everard Digby's temperament and position. "The Catholics must

have been especially aggrieved by the knowledge that much of the money

thus raised went into the pockets of courtiers. For instance, the

profits of the lands of two recusants were granted to a foot-man, and

this was by no means an isolated case."

[70] _History of England_, 1603-42, Vol i. p. 230.

Sir Everard Digby's great friend, Father Gerard, also testifies at

great length to the persecutions under Elizabeth and James.[71] Father

Southwell was put "nine times most cruelly upon the torture," and the

law against the Catholics "put to cruel death many and worthy persons,"

and "many persons of great families and estimation were at several times

put to death under pretence of treason, which also was their cloak to

cover their cruelties against such priests and religious as were sent

into England by authority from His Holiness to teach and preach the

faith of Christ, and to minister his sacraments."

[71] _Narrative of the Gunpowder Plot_, p. 16. _seq._

Again, "their torturing of men when they were taken to make them confess

their acquaintance and relievers, was more terrible than death by much,

&c." "Besides the spoiling and robbing laymen of their livings and

goods, with which they should maintain their families, is to many more

grievous than death would be, when those that have lived in good estate

and countenance in their country shall see before them their whole life

to be led in misery, and not only themselves, but their wives and

children to go a-begging." "And to these the continual and cruel

searches, which I have found to be more terrible than taking itself. The

insolencies and abuses offered in them, and in the seizures of goods,

the continual awe and fear that men are kept in by the daily expectance

of these things, while every malicious man (of which heresy can want no

plenty) is made an officer in these affairs, and every officer a king

as it were, to command and insult upon Catholics at their pleasure." It

may be readily imagined how the writer of all this would discuss this

bad state of affairs with Sir Everard at Gothurst.

I have no wish to exaggerate the sufferings endured by Catholics during

the reigns of Elizabeth and the early Stuarts. I willingly admit that in

many cases the legal penalties were not enforced against them, nay, I

would go further and frankly remind my Catholic readers--Protestants may

possibly not require to have their memories thus stimulated--that half a

century had not elapsed since Protestants were burned at the stake in

Smithfield for their religion by Catholics. Besides all this, it is

certain that toleration, as we understand it, is a comparatively modern

invention, and that if Mary Queen of Scots had ascended the English

throne, or if it had fallen into the hands of Spain, Protestants in this

country might not have had a very comfortable time of it, especially in

the process of disgorging property taken from the Church, and that,

under certain circumstances, some of them might even have suffered death

for their faith; but, while readily making this admission, I doubt

whether any Catholic government ever attempted to oblige a people to

relinquish a religion, which it had professed for many centuries, with

the persistency and cruelty which the governments of Elizabeth and James

I. exercised in endeavouring to oblige every British subject to reject

the religion of his forefathers. Instances are not wanting of Catholics

dealing out stern measures towards those who introduced a new religion

into a country; this, on the contrary, was a case of punishing those who

refused to adopt a new religion.

Nor was this the only ground on which the persecutions by James appeared

unfair, tyrannical, and odious to Catholics. During the reign of

Elizabeth they had endured their sufferings as the penalties of a

religion contradicting that of their monarch. Perhaps they did not

altogether blame her so much for her persecutions, as for persecuting

the right religion in mistake for the wrong; and, after all, they knew

she had been persuaded by her Council that, for purposes of State, it

was necessary to break off relations with the Apostolic See, and to

maintain the newly-fangled Anglican faith; they knew that the refusal of

Rome to acknowledge her legitimacy, threatened the very foundations of

her throne, and consequently made every Catholic seem a traitor in her

eyes; they knew, too, that the Holy See had favoured Mary Queen of

Scots, whom she had regarded as her most dangerous rival. Under these

circumstances, therefore, while they found their troubles and trials

excessively bitter, they may not have been very profoundly astonished at

them. But when James, after a brief respite, continued and even

increased the persecutions of the previous reign, they looked at the

matter in quite a different light. In the first place, they expected

that the Protestant son of so Catholic a mother, who had suffered

imprisonment and death because she was a Catholic, could scarcely become

the friend and accomplice of those who had betrayed and martyred his

mother. I am not trenching on the question of the martyrdom of Mary

Queen of Scots; I am merely writing of the feeling respecting her death,

prevalent at that time among members of her own religion in this

country. Secondly, unlike Elizabeth, James had no cause for fearing the

Holy See; it never questioned his legitimacy; it had assisted him when

King of Scotland; its adherents in England had almost universally hailed

his accession to the crown with loyalty and rejoicing; and, as I have

already shown, the Pope had sent messages to him, offering to assist in

assuring the allegiance of the Catholics by removing any priests who

might be obnoxious to him.

Even Goodman, the Protestant Bishop of Gloucester, wrote[72]:--"After

Sixtus Quintus succeeded Clement Octavus, a man, according to his name,

who was much given to mercy and compassion. Now to him King James did

make suit to favour his title to the crown of England, which as King

James doth relate in his book, _Triplici nodo triplex cuneus_, the Pope

did promise to do." James said that he would show favour to

Catholics[73] "were it not that the English would take it ill, and it

would much hinder him in his succession; and withall, that his own

subjects in Scotland were so violent against Catholics, that he, being

poor, durst not offend them. Whereupon the Pope replied, that if it were

for want of means, he would exhaust all the treasures of the church and

sell the plate to supply him." And again, says Goodman of the English

Catholics and King James[74]:--"And certainly they had very great

promises from him." Nevertheless,[75] "he did resolve to run a course

against the papists," and "at his discourses at table usually he did

express much hatred to them."

[72] _The Court of King James I._, Vol. i. p. 82 _seq._

[73] _Ib._, p. 83.

[74] _The Court of King James I._, Vol. i. p. 86.

[75] _Ib._ p. 87.

Father Gerard writes that[76] there were "particular embassagies and

letters from His Majesty unto other Princes, giving hope at least of

toleration to Catholics in England, of which letters divers were

translated this year into French and came so into England, as divers

affirmed that had seen them." He was also "well assured that immediately

upon Queen Elizabeth's sickness and death, divers Catholics of note and

fame, Priests also, did ride post into Scotland, as well to carry the

assurance of dutiful affection from all Catholics unto His Majesty as

also to obtain his gracious favour for them and his royal word for

confirmation of the same. At that time, and to those persons, it is

certain he did promise that Catholics should not only be quiet from any

molestations, but should also enjoy such liberty in their houses

privately as themselves would desire, and have both Priests and

Sacraments with full toleration and desired quiet. Both the Priests that

did kneel before him when he gave this promise (binding it with the word

of a Prince, which he said was never yet broken), did protest so much

unto divers from whom I have it. And divers others, persons of great

worth, have assured me the same upon the like promise received from His

Majesty, both for the common state of Catholics and their own

particular."

[76] _Narrative of the Gunpowder Plot_, p. 24.

It is dangerous to make too much of evidence against which there may be

the shadow of a suspicion. Father Gerard's personal testimony can be

accepted without the smallest hesitation; but that of Father Watson, who

was probably one of the priests he mentioned who "did kneel before"

James when he made the solemn promise which Father Gerard heard of at

second hand, should be received with more caution. Lord Northampton's

statement in his speech at Sir Everard Digby's trial should certainly

obtain very careful consideration. "No man," said he,[77] "can speak

more soundly to the point than myself; for being sent into the prison by

the King to charge him with this false alarm" (_i.e._, the report that

James had promised toleration to Catholics), "only two days before his

death, and upon his soul to press him in the presence of God, and as he

would answer it at another bar, to confess directly whether at either

or both these times he had access unto his Majesty at Edinburgh, his

Majesty did give him any promise, hope, or comfort of encouragement to

Catholics concerning toleration; he did there protest upon his soul that

he could never win one inch of ground or draw the smallest comfort from

the King in those degrees, nor further than that he would have them

apprehend, that as he was a stranger to this state, so, till he

understood in all points how those matters stood, he would not promise

favour any way; but did protest that all the crowns and kingdoms in this

world should not induce him to change any jot of his profession, which

was the pasture of his soul and earnest of his eternal inheritance. He

did confess that in very deed, to keep up the hearts of Catholics in

love and duty to the King, he had imparted the King's words to many, in

a better tune and a higher kind of descant than his book of plainsong

did direct, because he knew that others, like sly bargemen, looked that

way when their stroke was bent another way. For this he craved pardon of

the King in humble manner, and for his main treasons, of a higher nature

than these figures of hypocrisy, and seemed penitent, as well for the

horror of his crime as for the falsehood of his whisperings."

[77] _Criminal Trials_, Jardine, Vol. ii. p. 177.

Probably Northampton may have exaggerated, possibly he may have lied, in

making this statement; but there is this to be remembered, that owing to

his false testimony against the Jesuits, already recorded in this

chapter, Father Watson must be regarded as a somewhat discredited

witness, and it will not do for us Catholics to accept his verbal

evidence against King James, and then to turn round and repudiate the

evidence against the Jesuits in his own handwriting,[78] without some

very strong reason for so doing. A reason of a certain strength does

indeed exist; for Watson's evidence against James was given freely and

uninterestedly; whereas his evidence against the Jesuits may very

probably have been offered in the hope that it might be accepted as the

price of pardon, or at least of some mitigation of the awful sufferings

included in the form of death to which he had been sentenced.

[78] Quoted above. I copied from Dodd; but the original may be found

in the S.P. Dom., James I., Vol. iii. n. 16.

Even if we altogether discard Watson's evidence of James's promises,

enough remains to satisfy my own mind that the new king had given the

Catholics more or less hope of toleration; and, if I am too easily

satisfied on this point, there can be no sort of question that Sir

Everard Digby, who was often with Father Gerard, and that many other

English Catholics had been assured, rightly or wrongly, and believed,

wrongly or rightly, that King James had solemnly promised to give them

immunity from persecution, if not freedom of worship, and that he had

basely and treacherously broken his faith with them and sold them for

the price of popularity among his far more numerous Protestant subjects:

who, then, can blame them for considering themselves to have been most

unjustly, perfidiously, and infamously treated by that monarch?

It may be worth while to quote here again from Goodman, the Protestant

Bishop of Gloucester, respecting the persecutions of the Catholics in

the reign of James.[79] "Now that they saw the times settled, having no

hope of better days, but expecting that the uttermost rigour of the law

should be executed, they became desperate; finding that by the laws of

the kingdom their own lives were not secured, and for the coming over of

a priest into England it was no less than high treason. A gentlewoman

was hanged only for relieving and harbouring a priest; a citizen was

hanged only for being reconciled to the Church of Rome: besides, the

penal laws were such and so executed that they should not subsist:--what

was usually sold in shops and openly bought, this the pursuivant would

take away from them as being popish and superstitious. One knight did

affirm that in one term he gave twenty nobles in rewards to the

doorkeeper of the attorney-general; another did affirm, that his third

part which remained to him of his estate did hardly serve for his

expense in law to defend him from other oppressions, besides their

children to be taken from home to be brought up in another religion. So

they did every way conclude that their estate was desperate, etc." If

objection should be taken to Goodman as a witness on the Protestant

side, on the ground that he eventually became a Catholic, I would reply

that, at the time he wrote what I have quoted, he was, as the editor of

his _Court of James the First_ says,[80] "an earnest and zealous

supporter of the Church," of England, and of James I., Goodman himself

writes[81] in that very book:--"Truly I did never know any man of so

great an apprehension, of so great love and affection--a man so truly

just, so free from all cruelty and pride, such a lover of the church,

and one that had done so much good for the church." Such an admirer of

King James might certainly be trusted not to say a word that he could

honestly avoid about the ill-treatment endured by any class of his

subjects during his reign.

[79] _The Court of King James I._, Vol. i. pp. 100-1.

[80] Introduction, p. viii.

[81] Vol. i. p. 91.

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