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from the Accession
of Charles I. to the death of Anne/.

With the accession of James I. (1603-25) Catholics expected if not a repeal at least a suspension of the penal laws. As a son of Mary Queen of Scots for whose rescue Catholics in England and on the Continent had risked so much, and as one whose religious views were thought to approximate more closely to Catholicism than to Nonconformity, it was hoped that he would put an end to the persecution that had been carried on so bitterly during the reign of his predecessor. But whatever might be the sentiments he entertained secretly or gave expression to while he was yet only King of Scotland, his opinions underwent a sudden change when he saw an opportunity of strengthening his hold upon the English people, and of providing for the penniless followers who accompanied him to his new kingdom. Unfortunately a brainless plot, the "Bye Plot," as it is called, organised to capture the king and to force him to yield to the demands of the conspirators, afforded the more bigoted officials a splendid chance of inducing James to continue the former policy of repression. Two priests named Watson and Clarke joined hands with a number of malcontents, some of whom were Protestants, others Puritans anxious to secure more liberty for their co-religionists; but news of the plot having come to the ears of the archpriest and of Garnet the provincial of the Jesuits, information was conveyed to the council, and measures were taken for the safety of the king, and for the arrest of the conspirators. James recognised fully that the Catholic body was not to blame for the violent undertakings of individuals, especially as he knew or was soon to know that the Pope had warned the archpriest and the Jesuits to discourage attempts against the government, and had offered to withdraw any clergyman from England who might be regarded as disloyal. James admitted frankly his indebtedness to the Catholics for the discovery of the plot, and promised a deputation of laymen who waited on him that the fines imposed on those who refused to attend the Protestant service should not be exacted. For a time it was expected that the policy of toleration was about to win the day, and the hopes of Catholics rose high; but in autumn (1603) when the episcopal returns came in showing that Catholics were still strong, and when alarming reports began to spread about the arrival of additional priests, the wonderful success of their efforts, and the increasing boldness of the recusants, an outcry was raised by the Protestant party, and a demand was made that the government should enforce the law with firmness.[1]

Shortly before the meeting of Parliament in March (1604) James determined to show the country that his attitude towards Catholicism was in no wise different from that of his predecessor. In a proclamation (Feb. 1604) he deplored the increasing number and activity of priests and Jesuits, denounced their efforts to win recruits for Rome, declared that he had never intended to grant toleration, and ended up by commanding all Jesuits and seminary priests to depart from the kingdom before the 19th March, unless they wished to incur the penalties that had been levelled against them in the previous reign.[2] In his speech at the opening of Parliament (March 1604) after announcing his adhesion to the religion "by law established" he outlined at length his attitude towards Rome. "I acknowledge" he said "the Roman Church to be our mother church although defiled with some infirmities and corruptions as the Jews were when they crucified Christ;" for the "quiet and well-minded" laymen who had been brought up in the Catholic faith he entertained feelings of pity rather than of anger, but in case of those who had "changed their coats" or were "factious stirrers of sedition" he was determined if necessary to take measures whereby their obstinacy might be corrected. The clergy, however, stood on a different footing. So long as they maintained "that arrogant and impossible supremacy of their head the Pope, whereby he not only claims to be the spiritual head of all Christians, but also to have an imperial civil power over all kings and emperors, dethroning and decrowning princes with his foot as pleaseth him, and dispensing and disposing of all kingdoms and empires at his appetite," and so long as the clergy showed by their practices that they considered it meritorious rather than sinful to rebel against or to assassinate their lawful sovereign if he be excommunicated by the Pope, they need expect no toleration.[3] Parliament soon showed that it was guided by the old Elizabethan spirit. An Act was passed ordering that the laws framed during the late reign against Jesuits, seminary priests, and recusants should be rigidly enforced; all persons studying in foreign colleges who did not return and conform within one year, as well as all students who should go abroad for instruction in future should be declared incapable of inheriting, purchasing, or enjoying any lands, chattels, or annuities in England; all owners or masters of vessels who should convey such passengers from the country were to be punished by confiscation of their vessel and imprisonment, and if any person should dare to act as tutor in a Catholic family without having got a licence from the bishop of the diocese, both the teacher and his employer should be fined Β£2 for every day he violated the law.[4] Lord Montague, having ventured to speak his mind openly in the House of Lords against such a measure, was arrested for his "scandalous and offensive speech," and was committed to the Fleet. The old penal laws and the new ones were enforced with unusual severity. Courts were everywhere at work drawing up lists of recusants and assessing fines. Never before, even in the worst days of Elizabeth, were the wealthy Catholics called upon to pay so much. Numbers of priests were seized and conveyed to the coasts for banishment abroad; one priest was put to death simply because he was a priest, and two laymen underwent a like punishment because they had harboured or assisted priests.

English Catholics were incensed at such pitiless persecution. Had it been inflicted by Elizabeth from whom they expected no mercy, it would have been cruel enough; but coming from a king, to whom they had good reason to look for toleration, and who before he left Scotland and after his arrival in London had promised an improvement of their condition, it was calculated to stir up very bitter feeling. Forgetful of the warnings of the Pope conveyed to the archpriest and the superior of the Jesuits, some of the more extreme men undertook a new plot against the king. The leading spirit in the enterprise was Robert Catesby, a gentleman of Warwickshire, whose father had suffered for his adhesion to the old faith. He planned to blow up the Parliament House at the opening of the session of Parliament when king, lords, and commons would be assembled. Hence his plot is known as the Gunpowder Plot. His followers had to be ready to rise when the results of this awful crime would have thrown the government into confusion. They were to seize the children of the king and to assume control of the kingdom. The scheme was so utterly wicked and impracticable, that it is difficult to understand how any man could have conceived it or induced others to join in its execution. Unfortunately, however, Catesby secured the assistance of Thomas Winter, Guy Fawkes, an Englishman who had served in the Spanish army, John Wright, Thomas Percy, cousin of the Earl of Northumberland, Sir Everard Digby, and Francis Tresham. A mine was to be run under the House of Commons charged with gunpowder, which Fawkes undertook to explode. An adjoining house was secured, and the cellar stretching under the Parliament buildings was leased. Everything was arranged for the destruction of the king, lords and commons at the opening of Parliament fixed finally for the 5th November 1605, but Tresham, anxious to save his brother-in-law, Lord Monteagle, sent him a letter warning him to absent himself on the occasion. By means of this letter the plot was discovered, and Guy Fawkes was arrested. The other conspirators fled to Wales, where they hoped to stir up an insurrection, but at Holbeche where they halted they were surrounded by the forces of the sheriff of Worcester. In the struggle that ensued Catesby and several of his followers, who defended themselves with desperate courage, were killed, and the remainder were put to death before the end of the month (Nov. 1605).

Whether the plot had not its origin in the minds of some of the ministers, who in their desire for the wholesale destruction of Catholics had employed agents to spur on Catesby and his companions, or, at least had allowed them to continue their operations long after the designs had been reported it is difficult to determine; but immediately an outcry was raised that the plot had been organised by the Jesuits Garnet, Gerard, and Greenway, for whose arrest a proclamation was issued. Garnet had undoubtedly done much to persuade Catesby from having recourse to outrage or violence, and had never been consulted except in such a vague way that he could not possibly have suspected what was in contemplation. He had even secured from Rome a condemnation of violent measures, and had communicated this to Catesby. Greenway was consulted after the plot had been arranged, but apparently under the seal of confession with permission, however, to reveal it to none but Garnet, and according to Greenway's own statement he had done his best to persuade Catesby to abandon his design. Garnet was then consulted by his Jesuit companion, from whom he obtained permission to speak about the secret in case of grave necessity and after it had become public. When Garnet and Oldcorn had been arrested they were permitted to hold a conversation with spies placed in such a position that all they said could be overheard. Garnet, when informed of this, told his story plainly and frankly. He was condemned and put to death, as was also Father Oldcorn. There is no evidence to show that the Jesuits urged on the conspirators to commit such a crime. On the contrary, both from the statements of the conspirators and of the Jesuits, it is perfectly clear that the Jesuits had used every effort to persuade the plotters to abandon their design, and the worst that could be said of Garnet is that he failed to take the steps he should have taken when he found that his advice had fallen on deaf ears.[5]

Though Blackwell, the official head of the Catholic body in England, hastened to issue a letter urging his co-religionists to abstain from all attempts against the government (7th Nov. 1605), Parliament, without attempting to distinguish between the innocent and the guilty, determined to punish Catholics generally. Recusants who had conformed were commanded to receive the Sacrament at least once a year under penalty of a heavy fine. In place of the Β£20 per month levied off those Catholics who refused to attend Protestant service, the king was empowered to seize two-thirds of their estates. Catholics were forbidden to attend at court, to remain in London or within ten miles of London unless they practised some trade and had no residence elsewhere, or to move more than five miles from their homes unless they got the permission of two magistrates, confirmed by the bishop or deputy-lieutenant of the county. They could not practise as lawyers or doctors, hold any commissions in the army or navy, act as executors, guardians, or administrators, appoint to benefices or schools, or appear as suitors before the courts. Fines of Β£10 per month were to be paid by anyone who harboured a servant or
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