Volume II Part 7 (1/2)

[39] Pollen, /Politics of the English Catholics during the reign of Elizabeth/ (/Month/, 1902-4). Law, /Jesuits and Seculars in the reign of Elizabeth/, etc., 1889. Id., /The Archpriest Controversy Doc.u.ments/, etc., 1896 (Camden Society). /Eng. Catholic Record Society/, vol. ii.

[40] Dodd-Tierney, iii., app. x.x.xiv.

[41] Dodd-Tierney, app. x.x.xv.

[42] Id., app. no. x.x.xvi.

CHAPTER V

CATHOLICISM IN ENGLAND FROM 1603 TILL 1750

See bibliography of chap. ii., iii., iv. /Calendars of State Papers/ (James I., Charles I., The Commonwealth, Charles II.).

Knox, /Records of the English Catholics under the Penal Laws/, 2 vols., 1882-84. Challoner, /Memoirs of Missionary Priests and other Catholics that suffered death in England/ (1577-1684), 2 vols., 1803. Lilly-Wallis, /A Manual of the Law specially affecting Catholics/, 1893. Butler, /Historical Memoirs of English, Scottish, and Irish Catholics/, 3 vols., 1819-21. Id., /Historical Account of the Laws respecting the Roman Catholics/, 1795. Willaert, S.J., /Negociations Politico-Religieuses entre L'Angleterre et les Pays-Bas/, 1598-1625 (/Rev. d'Histoire Eccles/, 1905-8). Kirk, /Biographies of English Catholics in the Eighteenth Century/ (edited by Rev. J. H. Pollen, S.J., and E. Burton, 1909). Morris, /The Condition of Catholics under James I./, 1871. Id., /The Troubles of our Catholic Forefathers/, 1872-77. Payne, /The English Catholic Nonjurors of 1715/, etc., 1889. Id., /Records of English Catholics of 1715/, etc., 1891.

Pollock, /The Popish Plot/, etc., 1903. /The Position of the Catholic Church in England and Wales during the last two Centuries/, 1892. Hutton, /The English Church 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 att.i.tude 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 att.i.tude 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 appet.i.te,” and so long as the clergy showed by their practices that they considered it meritorious rather than sinful to rebel against or to a.s.sa.s.sinate 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 pa.s.sed 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 pa.s.sengers 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 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 a.s.sessing 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 a.s.sisted 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 Warwicks.h.i.+re, 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 a.s.sembled. 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 a.s.sume 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 a.s.sistance 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 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 10 per month were to be paid by anyone who harboured a servant or visitor who did not attend the English service. In order to test the loyalty of his Majesty's subjects it was enacted that a bishop or two justices of the peace might summon any person who was suspected of recusancy, and require him to take a special oath of loyalty embodied in the Act. If any persons not of n.o.ble birth refused to take the oath they should be committed to prison till the next quarter sessions or a.s.sizes, and if in these a.s.semblies they persisted in their refusal they incurred thereby the penalty of Praemunire.[6]

Both in its substance and particularly in its form the oath of allegiance was objectionable, and whether or not it was designed with the intention of dividing the Catholic body, it succeeded in producing that effect. Many Catholics thought that, as they were called upon to renounce merely the authority of the Pope to depose princes or to make war on them, they could take it as a sign of civil allegiance without abandoning their obedience to the Pope as their spiritual superior.

Others thought differently, however, and as a consequence a violent controversy broke out which disturbed the England Catholics for close on a century. The archpriest Blackwell condemned the oath at first, but in a conference with the clergy held in July 1606 he declared in its favour. Acting on this opinion the lay peers and many of the clergy consented to take the oath. The other side appealed to Rome for a decision, and a brief was issued on the 22nd September 1606, by which the oath was condemned as unlawful. Blackwell neglected to publish the brief probably from motives of prudence, though other grounds were alleged, and in the following year a new condemnation was forwarded from Rome (Aug. 1607). Meanwhile Blackwell had taken the oath himself, and had published letters permitting Catholics to act similarly. As he was unwilling to recede from his position notwithstanding the appeals of Father Persons and Cardinal Bellarmine, he was deposed from his office and George Birkhead or Birket was appointed archpriest (1608). The controversy now became general. James I. entered the lists with a book ent.i.tled /Apologie for the Oath of Allegiance/, in which he sought to meet the reasons contained in the papal doc.u.ments and in the letters of Father Persons and Cardinal Bellarmine. Both writers replied to the royal challenge, and soon hosts of others, both Catholic and Protestant hastened to take part in a wordy war, the only result of which was to disedify the faithful, to turn away waverers from the Church, and to cause rejoicings to the enemies of the Catholic cause. Birkhead, who had been empowered to suspend all priests who did not show some signs of repentance for having taken the oath, acted with great moderation in the hope of avoiding a schism, but at last he was obliged to make use of the powers with which he was entrusted (1611).[7]

The old controversies between the Jesuits and a large section of the seminary priests were renewed both at home and on the Continent. The seculars objecting to the control exercised by the Jesuits in England, in regard to English affairs at Rome, and in the foreign colleges, continued to pet.i.tion for the appointment of a bishop. Ugly disputes ensued and many things were done by both sides during the heat of the strife that could not be defended. The Holy See found it difficult to decide between the various plans put forward, but at last in 1623 Dr.

Bishop was appointed Bishop of Calcedon /in partibus infidelium/, and entrusted with the government of the English mission. During these years of strife one important work, destined to have a great effect on the future of Catholicism in England, was accomplished, namely the re-establishment of the English congregation of the Benedictines. The Benedictine community had been re-established at Westminster in 1556 with the Abbot f.e.c.kenham as superior, but they were expelled three years later. Of the monks who had belonged to this community only one, Dom Buckley, was alive in 1607. Before his death he affiliated two English Benedictines belonging to an Italian house to the English congregation, and in 1619 the English Benedictines on the Continent were united with the English congregation by papal authority.[8] The houses of the English Benedictines on the Continent were situated at Douay (1605), at Dieulouard (1606), at Paris (1611), Saint-Malo (1611) and Lambspring in Germany (1643). The members bound themselves by oath to labour for the re-conversion of their country, and the list of Benedictine martyrs who died for the faith in England bears testimony to the fact that their oath was faithfully observed.

While these unfortunate controversies were weakening and disheartening the Catholics the penal laws were enforced with great severity. One martyr suffered in 1607, three in 1608, five in 1610, two in 1616, and five in 1618. Great numbers of priests were confined in prison or transported abroad. Laymen were ruined by imprisonment, and especially by the high fines required by the king to meet his own expenses.

According to his own statement he received from the fines of Popish recusants a net income of 36,000 a year. Parliament and the Protestant party generally were anxious about the marriage of Prince Charles, the heir to the throne, and of the princess Elizabeth his sister. If they were married into Protestant families the religious difficulty, it was thought, might disappear; but, if, on the contrary, they were united to the royal houses of France or Spain the old battle might be renewed. Hence the marriage of Elizabeth to the Elector Frederick of the Palatinate, one of the foremost champions of Protestantism in Germany, gave great satisfaction at the time, though later on it led to serious trouble between the king and Parliament, when Elizabeth's husband was driven from his kingdom during the Thirty Years' War.

Regardless of the wishes of his Parliament the king was anxious to procure for Prince Charles the hand of the Infanta Maria, second daughter of Philip III. of Spain. To prepare the way for such a step both in Spain and at Rome, where it might be necessary to sue for a dispensation, something must be done to render less odious the working of the penal laws. Once news began to leak out of the intended marriage with Spain and of the possibility of toleration for Catholics Parliament pet.i.tioned (1620) the king to break off friendly relations with Spain, to throw himself into the war in Germany on the side of his son-in-law, and to enforce strictly all the laws against recusants. But the king refused to accept the advice of his Parliament or to allow it to interfere in what, he considered, were his own private affairs. The marriage arrangements were pushed forward, and at the same time care was taken to inform the magistrates and judges that the laws against Catholics should be interpreted leniently. In a few weeks, it is said that about four thousand prisoners were set at liberty. The articles of marriage were arranged satisfactorily (1623), due provision being made for the religious freedom of the Infanta, and a guarantee being given that the religious persecution should cease, but for various reasons the marriage never took place. Parliament promised the king to provide the funds necessary for war if only he would end the negotiations for a Spanish alliance, and this time James much against his will followed the advice of his Parliament (1624). A new pet.i.tion was presented for the strict enforcement of the penal laws against priests and recusants, to which pet.i.tion the king was obliged to yield. But hardly had the negotiations with Spain ended than proposals were made to France for a marriage between the prince and Henrietta Maria, sister of Louis XIII., and once more it was necessary to be careful about offending Catholic feeling. By a secret article of the agreement with France James promised to grant even greater freedom to Catholics than had been promised them in his dealings with the Spanish court, and as a pledge of his good faith he released many prisoners who had been convicted on account of their religion, returned some of the fines that had been levied, and gave a hint to those charged with the administration of the law that the penal enactments should not be enforced. Application was made to Rome for a dispensation, which though granted, was to be delivered by the papal nuncio at Paris only on condition that James signed a more explicit statement of his future policy towards his Catholic subjects.

Louis XIII., annoyed by the delays interposed by the Roman court, was not unwilling to proceed with the marriage without the dispensation, but for obvious reasons James refused to agree to such a course.

Finally all difficulties were surmounted, though not before James had pa.s.sed away leaving it to his son and successor to ratify the agreement. In May 1625, Charles was married by proxy to Henrietta Maria, and in the following month the new queen arrived in London.[9]

During the later years of the reign of James I. the foreign policy of the king rendered a relaxation of the penal code absolutely necessary.

In the course of the marriage negotiations with France James I. had pledged himself by a secret agreement to adopt a policy of toleration, and on his death the agreement was ratified more than once by his son and successor Charles I. (1625-1649). But Charles, though personally well disposed towards the Catholics, was not a man to consider himself bound by any obligations if the fulfilment of them should involve him in serious difficulties. At the time of his accession public opinion in England as reflected by Parliament was intensely hostile to toleration. On the one hand the Puritan party, who had grown considerably despite the repressive measures of Elizabeth and James I., was determined to bring the Church into line with Calvinism, while on the other hand a body of able and learned men within the Anglican Church itself longed for a closer approximation towards Catholic beliefs and practices. With both the Bible was still in a sense the sole rule of faith, but the Puritan party would have the Bible and nothing but the Bible, while the High Church men insisted that the Scriptures must be interpreted in the light of the traditional usages of the Christian world, and that in matters of doctrine and practices some jurisdiction must be conceded to the teaching authorities of the Church. The opponents of the latter stirred the people against them by raising the cry of Arminianism and Papistry, and by representing them as abettors of Rome and as hostile to the religious settlement that had been accomplished. As a result of this controversy, in which the king sided with Laud and the High Church party against the Presbyterians and Calvinists,[10] Parliament, which supported the Puritans, clamoured incessantly for the execution of the penal laws.

In the first Parliament, opened the day after Queen Henrietta's arrival in England (1625) a pet.i.tion was presented to the king praying for the strict enforcement of the penal laws. Yielding to this pet.i.tion Charles issued a proclamation ordering the bishops and officials to see that the laws were put into execution, but at the same time he took care to let it be known that the extraction of fines from the wealthy laymen and the imprisonment or transportation of priests would be more agreeable to him than the infliction of the death penalty. Louis XIII. and the Pope protested warmly against this breach of a solemn agreement. Charles replied that he had bound himself not to enforce the penal laws merely as a means of lulling the suspicions of Rome and of securing a dispensation for his marriage.[11] Still, though the queen's French household was dismissed, the king did everything he could to prevent the shedding of blood. The Parliamentarians, who were fighting for civil liberty for themselves, were annoyed that any measure of liberty should be conceded to their Catholic fellow-countrymen. They presented a pet.i.tion to Charles at the very time they were safeguarding their own position by the Pet.i.tion of Rights (1628) demanding that priests who returned to England should be put to death, and that the children of Catholic parents should be taken from their natural guardians and reared in the Protestant religion.[12] Charles defended his own policy of toleration on the ground that it was calculated to secure better treatment for Protestant minorities in other countries, yet at the same time he so far abandoned his policy of not shedding blood as to allow the death penalty to be inflicted on a Jesuit and a layman (1628).[13] So long however as he could secure money from the Catholics he was not particularly anxious about their religious opinions. Instead of the fines to which they had been accustomed, he compounded with them by agreeing not to enforce their presence at the Protestant service on condition that they paid an annual sum to be fixed by his commissioners according to the means of the individual recusants.

The appointment of a bishop to take charge of the English Mission (1623) did not unfortunately put an end to the regrettable controversies that divided the Catholic party. On the death of Dr.

Bishop, Dr. Richard Smith was appointed to succeed him (1625), and was consecrated in France. For a time after his arrival affairs moved smoothly enough, but soon a more violent controversy broke out regarding the respective rights and privileges of seculars and regulars, and the obligation on confessors of obtaining episcopal approbation. The dispute became public, and in a short time numerous pamphlets were published in England and in France by the literary champions of both parties. As the Puritans resented strongly the presence of a bishop in England, Dr. Smith was obliged to go into hiding, and ultimately made his escape to France, where he died in 1665. The Pope found it difficult to apportion the blame or to put an end to the strife, but an opportunity was afforded him of learning the facts of the case when an English agent deputed by the queen arrived in Rome (1633). In return Urban VIII. determined to send an envoy into England mainly to settle the controversy between the regulars and the seculars, but also to discover the real sentiments of the court and the country towards Rome. The person selected for this difficult work was Gregory Panzani,[14] an Oratorian, who arrived in England in 1634 and had several interviews with the king and queen. Whatever might have been the hopes of inducing Laud and some of the leading bishops to consider the question of returning to the Roman allegiance, the main object the king had in view in permitting the residence of a papal envoy in London and in sending English agents to Rome was to secure the help of Urban VIII. for his nephew of the Palatinate, and especially to induce the Pope to favour a marriage between this nephew and the daughter of the King of Poland. Very little was obtained on either side by these negotiations, nor did the papal agents in England succeed in composing the differences between the clergy.