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every such person, with all convenient speed, that thereupon such further order may be taken, as shall be thought expedient in that behalf. Concerning those that utterly refuse both conformity and subscription, they are either 5 curates, or stipendiary preachers, commonly called lecturers, or men beneficed; for the two first, the interest they have in their places is only by license from their ordinary, and they are no longer to enjoy them "nisi quamdiu se bene gesserint," so as upon such their refusal, 10 your lordship is to suspend them "ab officio;" which is in effect a deprivation to them, and consequently by the law they are not to be restored, until they shall both conform themselves and subscribe. As touching the third sort, for that it would not much trouble them, nor work 15 the conformity that is desired, to put them to silence, if they might enjoy their benefices, because I suppose they have been heretofore particularly admonished by your lordship, but especially by his majesty's proclamationa, dated the 16th of July, MDCIV. either to conform them20 selves to the church, and obey the same, or else dispose. of themselves and their families some other way, as being men unfit, for their obstinacy and contempt, to occupy such places, they are in another sort to be proceeded with; for in refusing to conform themselves to the use of 25 the communion book, or in derogating or depraving any thing therein contained, or any part thereof, they fall within the compass of divers laws, and particularly of the statute "primo Elizabethæ❞ entituled "An act for uniformity" etc. and so are subject to deprivation. I wish 3o your lordship diligently to peruse the said act, being printed with the communion book, and for your better satisfaction herein, do advertise you, that the lord chief justice, and Mr. attorney general being conferred with, are very resolute, that you may lawfully, by virtue

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a proclamation dated the 16th] See No. CXX.

thereof, so proceed against such obstinate persons. The form, which is to be used in their deprivation, your chancellor very well knoweth; only let me put you in mind of the cxxII canon, that your lordship in your own person pronounce the sentence; and if any by you so 5 deprived shall appeal to me, I will be careful to execute the XCVIIIth constitution for stay thereof, until the party shall subscribe: not doubting but that his majesty, if there be cause, will take the like order for the delegates. Furthermore, if any of the said disordered persons shall 10 willingly transgress any of the first twelve canons, or of the three last, let the penalty therein mentioned, be duly and respectively inflicted upon them. I have not hitherto b greatly liked of any severe course; but perceiving by certain instructions lately cast abroad, that the present 15 opposition so lately prosecuted, doth rather proceed from a combination of sundry factious, who in the pride of their mind are loath to be foiled (as they term it) than of any religious care or true conscience; I have thought it very necessary, for the repressing of such irregular designments, earnestly to commend to your lordship the careful execution of these directions. And so with my very hearty commendations, I commit your lordship unto the tuition of the Almighty. At Lambeth the 22. of December, MDCIV.

Your lordship's very loving friend and brother,

R. CANTUAR.

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b I have not hitherto] The apology of the ministers of the diocese of Lincoln who refused to subscribe and conform, was presented to the king on the 1st of December, 1604. See the " Abridgment" printed 30 1605.

The archbishop of Canterbury's letter touching recusants.Reg. Bancroft, 129. b.

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SALUTEM in Christo.” I have written to your

lordship before concerning your proceeding with your factious ministers, and that you should not desist by depriving one, two, or three at once, until you have 5 purged your diocese of them; now I am to signify unto you, that his most excellent majesty hath, with the

c his most excellent majesty hath] This refers probably to a speech made by the king to the privy council on the day before the judges gave their sentence in the star chamber. It is reported thus by sir 10 George Croke (Rep. Jac. 2. p. 37.) "Before the breaking up of the assembly [in the star chamber] many of the lords declared that some of the puritans had raised a false rumour of the king, how he intended to grant a toleration to papists; which offence the judges conceived to be heinously finable by the rules of the common law, either in the 15 king's bench, or by the king in council; or now, since the statute of 3 Henry VII. in the star chamber. And the lords severally declared, how the king was discontented with the said false rumour, and had made but the day before a protestation unto them, that he never intended it, and that he would spend the last drop of his blood in his body before he would do it; and prayed that before any of his issue should maintain any other religion than what he truly professed and maintained, God would take them out of the world." The ministers of the

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king had already information (March 1605) respecting the conspiracy that was forming, and was fomented by the Romanists. A remarkable 25 letter written in October 1605 at Paris, shews how extensive and desperate were their machinations: "Our priests are very busy about petitions to be exhibited to the king's majesty at this parliament, and some further designs upon refusal. These matters are secretly managed by intelligence with their colleagues in those parts where you reside, 30 and with the two nuncios. I think it were necessary for his majesty's service that you found means to have privy spies amongst them, to discover their negociations. Something is at present in hand amongst these desperate hypocrites, which, I trust, God shall divert, by the vigilant care of his majesty's faithful servants and friends abroad, and 35 prudence of his council at home." (Birch's Negociat. of sir T. Edmondes, p. 233.) There can be little doubt that Cecil had acted upon this sug

admiration of all that heard him, most fully, rarely, and resolutely declared himself (as often heretofore) touching such courses, as he wisheth should be held with popish recusants, being most desirous to rid his kingdom as well of these pestiferous adversaries, as of the former; to 5 which purpose he hath dealt very thoroughly and privily both with the lords of his right honourable privy council, and with his judges; expecting likewise that we, who are bishops, should not be negligent in discharging of our duties, so far as lieth in us, for the furthering and effect- 10 ing of so royal and so religious a designment. As therefore my place requireth, and not without due and careful deliberation, I do commend to your good lordship (as I also have done to the rest of our brethren) these particular points following to be thoroughly by you ob- 15 served: first, your lordship is not to depend altogether upon the CXIVth canon, expecting still the minister's diligence in presenting of recusants, but to use your own best endeavour, by the labour and means of all your officers and friends, to inform yourself as well of the 20 number, as of the qualities of them; and the same to certify unto me with all convenient speed: secondly, because order and discretion in all proceedings are principally to be observed, (whereof without my advice, your lordship will be sufficiently mindful) and for that there 25 being differences in the dispositions of the said popish recusants, and cannot all of them be reformed together, your lordship is to take notice by all the means before expressed, first, of all the recusants in your diocese, who

gestion long before the discovery of the gunpowder plot in the No- 30 vember following; and there is reason to believe that he had intimation of the plot itself and communicated it to his royal master, before the receipt of the letter written to lord Monteagle, the interpretation of which has commonly been taken as a decisive proof of the king's sagacity. Winwood, Memor. 2. 170. Lodge, Illustrations, 3. 301. 35 Hallam, vol. i. p. 438. Lingard, vol. vi. p. 51.

they be, that are the most busy in seeking to seduce others either abroad, or at home to their own families, by bringing up their children in popery, and refusing to entertain any to serve them, especially in places of trust, 5 that are not recusants; secondly, of all such persons of any note, who are become recusants, since his majesty's coming into England, and of them that are the most insolent, as the manner of those usually is, who are newly seduced: thirdly, these three observations thus 10 premised, your lordship is to procure, as much as in you lieth, that for the faithful accomplishment of the LXVIth canon, no pains may be spared in conferring with the said recusants, especially with the two sorts beforementioned, who are the heads and leaders of the rest, 15 that thereby (if it be possible) they may be reduced from their errors, and no sweet or kind means omitted for the recovering of them to the truth: fourthly, in this conference you are to do your best for the reclaiming of those, that are already excommunicated in their private 20 parishes, with whom if such travail will nothing prevail, because it is either obstinately rejected, or wilfully contemned, then let them be publicly denounced in your cathedral church for excommunicate persons, without any forbearance or partiality, according to the LXVth 25 canon, if happily such a notorious punishment may be a means to bring them to repentance: fifthly, if you have in your diocese sundry of the first sort, of the said busy and seducing recusants, not yet excommunicated (with whom conference will prevail no more, than with the 30 former beforementioned) then call two or three of the chiefest of them (for dignity, place, and perverseness, such as are heads and leaders of the rest) forthwith by your ordinary authority; and if either they will not appear, after sufficient admonition to be carefully executed, so as 35 they may not plead any probable ignorance, or appearing, shall obstinately refuse to go to church, (as our phrase is,)

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