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English coast, did not take place till 1598: a small body of them then landed near Penzance, in Cornwall, set fire to a church, and, on the appearance of a few English troops, retired in a hurry. "These," says Camden*, "were the only Spaniards that ever "set foot in England, as enemies."

CHAP. XXXVII.

ASSERTION THAT THE PRIESTS WERE EXECUTED, NOT FOR THEIR RELIGION, BUT FOR THEIR COMMISSION OF ACTS OF HIGH TREASON.

THE second of the two last statutes, which have been mentioned, closed the penal code of Elizabeth against her English catholic subjects. A defence of it was made, by asserting, that the priests, who suffered under them, were convicted, not for their priestly character, or exercising their priestly functions, but for treason. This conveys an idea that the treason, for which they suffered, was some act that was treasonable by the ancient law of the land, or the statute of treasons-the 25th of Edward the third.

This is a great mistake. It was not even pretended that the priests were convicted of any act that was treasonable by the ancient law, or the statute of Edward: the only treasons for which they suffered were acts, which the statutes of Elizabeth had made treasonable-denying her spiritual

Ad annum 1598.

supremacy-not quitting, or returning to, England -or exercising sacerdotal functions.

But, continue the advocates for the justice of these laws, it was competent to the state to make these acts treasonable; and, having enacted that they should be treasonable, those, who committed such acts, were legally guilty of treason; and were punished, not for their religion, but for being traitors.

This was the ground on which, by a state-paper, published by lord Burleigh, these sanguinary laws, and the executions which took place under them, were principally defended. It was published in 1583, and is intituled, "The execution of Justice "for maintenance of public and christian peace "against certain stirrers of sedition, and adherents to the traitors and enemies of this realm, with"out any persecution of them, as falsely reported "and published by the traitors and fosterers of the "treasons."

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To this cardinal Allen replied, by,-"A true, sincere, and modest Defence of Christian Catholics, "that suffered for their faith at home and abroad,

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against a false, seditious, and slanderous libel, " intituled, "The execution of Justice in England ;' "wherein is declared how unjustly the protestants "do charge the catholics with treason; how un"truly they deny their persecution for religion, " and how deceitfully about the cause, greatness, "and manner of their sufferings, with diverse other "matters pertaining to this purpose." It was universally read and admired. The authors of the

Biographia Britannica mention, that " as much is "said in it, for his cause, and as great learning "shown, in defending it, as it would admit." The learned Edmund Bolton called it "a princely, grave, and flourishing piece of natural and exquisité English." An elegant version of it into the Latin language is published in Dr. Bridgewater's Concertatio.

The whole of Lord Burleigh's work is founded on an argument so brittle, that it falls into pieces the moment it is touched. It was not, says his lordship, for their catholic religion, or for their sacerdotal character, that the priests underwent the sentence of the law; but for their remaining in or returning to England;-acts, which the law had made high treason.

Now, unless their priests remained in or returned to England, the English catholics would have been without instruction, and without the sacraments or rites of their religion. To remain in England, or to return to it, was therefore an act of the religious duty of the catholic priesthood; and for this act of religious duty the priests were executed.

In defence of the edicts against the Huguenots, who assembled in bodies for the exercise of their religious worship, might not Louvois have urged, with equal justice, that the offenders were punished, not for their religious principles, but for their illegal practices;-a previous law having made their assembling for religious worship a legal offence?

In fact, if lord Burleigh's argument justified the executions of the catholic priests, in the reign

of queen Elizabeth, there has seldom been a religious persecution, which a similar argument would not justify *.

CHAP. XXXVIII.

CONTINUATION OF THE PRACTICES OF THE

SPANISH PARTY.

1601.

THE severe proceedings of the English government, which have been mentioned, did not, however, check the unwise and criminal activity of the favourers of the Spanish pretension.

A confidential letter, written in cypher, from father Persons, to father Holt, dated the 15th March 1597, fell into the hands of the ministers of queen Elizabeth, and added to their jealousies of the designs of the Spanish party. Persons mentions generally its contents in his Manifestation. He informs the readers of it, that "he wished Holt to "consider it, as a note for him and such other "confident friends as he should think good to com"municate the same withal. He then states, that "the principal causes of his journey (to Rome) "were to settle with his holiness, and the father general, all such points as should seem necessary "for the upholding of the seminaries: he informs

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• See Strype's Ann. vol. iii. b. i. app. xlvii; vol. iii. b. ii. ch. 12.

+ Page 48.

"father Holt, that about the whole matter of suc"cession, he meant to proceed very softly and

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coldly; letting his holiness only to know how "matters did stand; and that the English catholics "did only desire, (after her majesty), some sin"cere catholic prince, without respect of English, "Scottish, Spanish, or other nation, in respect of religion; that he was not an enemy to the king "of Scotland, nor agent to king Philip, as some "had informed; showing, in the first, what good "offices he had done for the king of Scotland for

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many years, while there was hope that he would "be a catholic; and in the second, showing by the "nuncio of Madrid, cardinal Cajetan, (who had "written effectually in that behalf), that he, father "Persons, had always persuaded the king and his council, that it would not stand well for his

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majesty to pretend England for himself, and that " he had obtained of the king full promise thereof, "about which point the nuncio had seen the paper, "and been privy to the speeches, which he from "time to time had had to that effect."-" These," says father Persons, are "the words of this secret "letter;" and finally he concludes his account of it by saying," that the best of all would be, if, to "avoid contention, opposition, and garboils, after "her majesty, such a person might be thought of "as would be fit, and stand well both for his hol"ness and majesty catholic, the English and Scot"tish catholics, the kings of France, Denmark, and " all the rest, but who that person or persons be, "he meaneth his holiness to think upon. Thus

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