Chapter I: Part I: To Be Continued (1)

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.

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.

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 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 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, 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 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 and
ratifyed by God himselfe, and that all Christyan commonwealthes
_had authoritye, yea obligation_, to doe and followe the same when
just occasyon shoulde be offred.

"All these pointes, I say, which are largly handled in the firste
parte of this booke, C. A. did greately like and allowe of, and
sayde that they were pointes both true and evidente in themselves,
and substancyally proved by the auther of the booke; and for the
sayde author not to exasperate any parte, houldeth himselfe in
these generall tearmes and propositions onely, without descendinge
to perticulers. C. A. was wonte to aply them to perticuler state
and case of Englishe Catholiques in these our dayes, affirminge not
onely they mighte use this libertye of admittinge or rejectinge
the next pretender, whatsoever his tytle were by meanes of bloud,
in respecte of his false religion. But moreover, that they _were
bounde in conscynce_ soe to doe, and that none mighte without
committynge grevous synne, favour, further, ayde, or give consente
to the admissyon of any Prince when the place should be voyde,
that was knowne or justly suspected to be enimye to the Catholique
Romayne faythe, or undoubtedly affected towards the same; and
whosoever for worldly or humayne respectes, as countryshippes,
kindred, freindshippe, proper intereste, or the like, should beare
a contrary minde to this, did greatly offende God therin, and
oughte not to be accompted a true and zealous Catholique; moreover,
that all such as in our dayes or former tymes have followed the
contrary courses in chosinge or admittinge ther princes, not
respectinge God and his cause in the firste place, accordinge to
goode conscyence, but followinge those humayne respectes above
mentioned, have alwayes _lightly receaved theire distructyon by
those selfe same Princes_ whome soe corruptly they preferred;
wherof C. A. would recounte often tymes more perticuler examples,
and notable storyes both of our Country and of others round aboute
us, and alwayes woulde conclude that whatsoever Englishman after
soe longe a storme of heresye woulde not sticke onely and wholy
to a knowne Catholique Prince for the next successyon, woulde
adventure to followe other blinde, and broken hopes and respectes
agayne was not worthy to have the name of opinion of a sounde
Catholique, but either of a fonde or mallityous polliticke, and
thus much for the firste parte of the booke.