Part 98

FOOTNOTES:

The History of the Reign of Queen Anne, 1708, p. 242.

Cooke (J. H.), The Shipwreck of Sir Cloudesley Shovell, Gloucester, 1883. For the account of the confession of the woman he refers to an original letter of the second Lord Romney to Captain Locker, now in the possession of the Earl of Romney.

FRANCIS TREGIAN

The Tregion or Tregian family was one of great antiquity and large landed estates in Cornwall. Indeed, in the reign of Elizabeth it was estimated that the landed property brought in £3000 per annum, which represents a very much larger sum now. Their principal seat was Wolvedon, or Golden, in the parish of Probus, and this, when Leland wrote in the reign of Henry VIII, was in process of being built with great magnificence. But bad days were in store for some of the Cornish families that would not accept the changes in religion.

Carew, in his Survey of Cornwall, 1602, speaking of Tregarrick, then the residence of Mr. Buller, the sheriff, says: "It was sometime the Wideslade's inheritance, until the father's rebellion forfeited it," and the "son then led a walking life with his harp to gentlemen's houses, where-through, and by his other active qualities, he was entitled Sir Tristram; neither wanted he (as some say) a belle Isounde, the more aptly to resemble his pattern."

The rebellion referred to was the rising in the West against the religious innovations, that was put down so ruthlessly.

During the first years of Elizabeth there had been no persecution of the Papists. Such as would not conform to the Church of England as reformed were allowed to have priests to say Mass in their own private chapels. But after Pius V, on April 27th, 1570, had issued a Bull of excommunication against the Queen, depriving her of her title to the crown, and absolving her subjects from their oaths of allegiance; and when it became evident that insurrections were being provoked by secret agents from Rome in all directions, Elizabeth's patience was at an end, and stringent laws were passed against those who should enter England as missionary priests armed with this Bull and with dispensations, as also against all such as should harbour them.

On S. Bartholomew's Day, August 24th, 1572, had taken place a massacre of the Huguenots in Paris and throughout France, and this had been cordially approved by Pope Gregory XIII, who had had a medal struck to commemorate what he considered a meritorious deed. There could exist no doubt that the Papal emissaries in England were encouraged to assassinate the Queen, though evidence to that effect was not obtained till later.

On June 8th, 1577, Sir Richard Grenville of Stow, sheriff of Cornwall, accompanied by some of his justices of peace, arrived at Wolvedon to search the house for Cuthbert Mayne, a priest who had arrived in England, and who, it was supposed, was harboured by Mr. Francis Tregian.

A hasty and superficial investigation was made, and no seminary priest could be found. Then Mr. Tregian invited the whole party in to dine with him, and when they had been well regaled, and were somewhat flushed with wine, Tregian foolishly joked with the sheriff for hunting and finding nothing. Sir Richard started up and vowed he would make a further inquest, and that more thorough, and, finally, concealed in a hole under a turret, Cuthbert Mayne was discovered, drawn forth, and with him Tregian, for having harboured him, was sent to Launceston gaol, there to await trial.

"In the gaol aforesaid, he was laid in a most loathsome and lousy dungeon, laden with irons, deprived of the use of writing, and bereaved of the comfort of reading, neither permitted that any man might talk with him touching any matter whatsoever, but by special licence and in presence of the keeper."

The assizes were held at Launceston on the 16th September, 1577, when indictments were made against Cuthbert Mayne; Francis Tregian, Esq.; Richard Tremaine, gentleman, of Tregonnan; John Kempe, gentleman, of Rosteague; Richard Hore, gentleman, of Trenoweth, and others. Cuthbert Mayne for high treason: the others fell under the Statute of Præmunire, and later and more specific acts.

The Statute of Præmunire was but one of several that had been enacted from the time of Edward III, against papal interference with the affairs of England. The Statute of Præmunire was passed in 1393. "Whoever procures at Rome or elsewhere, any translations, processes, excommunications, bulls, instruments, or other things which touch the King, against him, his crown, and realms, and all persons aiding and assisting therein, shall be put out of the King's protection, their lands and goods forfeited to the King's use, and they shall be attached by their bodies to answer to the King and his Counsel: or process of præmunire facias shall be made out against them, as in any other case of prisoners."

The Bull that had been found in the possession of Cuthbert Mayne was one from Pope Gregory XIII granting plenary absolution from all their sins to English Papists, as they were unable to attend the Pope's jubilee at Rome, on condition that they should recite the Rosary fifteen times.

The Bull might very well have been treated with the contempt it merited, but the fact of the possession of such a document by Cuthbert Mayne was enough to procure his condemnation, as it was against the laws of England, and had been so for over one hundred and eighty years.

The other gentlemen were liable either as having received Cuthbert Mayne into their houses, or as having heard him say Mass, and as absenting themselves from their parish church.

Here came in the sharpened provisions enacted under Henry VIII and Elizabeth.

As Judge Marwood said at the trial: "We have not to do with your papistical use in absolving of sins. You may keep it to yourselves, and although the date of the Bull was expired and out of force, as you have alleged, so was it always out of force with us, for we never did, or never do account any such thing to be of force or worth a straw, and yet the same is by law of this realm treason, and therefore thou hast deserved to die."

The main indictment ran as follows:--

"Thou Cuthbert Maine art accused for that thou, the 1st October, in the eighteenth year of our Sovereign lady the Queen that now is, did traitorously obtain from the See of Rome a certain instrument printed, containing a pretended matter of absolution of divers subjects of the realm. The tenour of the which instrument doth follow in these words: Gregorius Episcopus, servus servorum Dei, etc., contrary to the form of a certain statute in the thirteenth year of our Sovereign lady the Queen, lately made and published, and contrary to her peace, crown, and dignity. And that you," meaning the rest, "after the said instrument obtained as aforesaid, and knowing the said Cuthbert Maine to have obtained the same from the Apostolic See, the 30th day of April, in the nineteenth of our said Sovereign the Queen's reign, at Golden aforesaid, did aid, maintain, and comfort the said Cuthbert Maine, of purpose and intent to extol and set forth the usurped power and authority of a foreign Prelate, that is to say, the Bishop of Rome, teaching and concerning the execution of the premises, contrary to the said statute and published as aforesaid, and contrary to the place of our Sovereign lady the Queen, her crown and dignity."

There were other indictments, as that Cuthbert Mayne and these laymen had refused to attend service in the parish church, and that the priest had brought over a number of "vain things," such as an Agnus Dei in silver or stone, which had been blessed by the Pope and had been accepted by the laymen.

They all pleaded "Not guilty," but the evidence against them sufficed for the jury to find that they were guilty, whereupon Cuthbert Mayne was condemned to death, and the rest to forfeit all their lands and property and to be imprisoned.

"Whereupon there was a warrant sent unto the Sheriff of Cornwall for the execution of Cuthbert Maine. The day assigned for the same purpose was dedicated unto S. Andrew; but on the eve before, all the Justices of that County, with many preachers of the pretended reformed religion, being gathered together at Launceston, Cuthbert Maine was brought before them, his legs being not only laden with mighty irons, but his hands also fast fettered together (in which miserable case he had also remained many days before), when he maintained disputation with them concerning the controversy in religion all this day in question, from eight of the clock in the morning until it was almost dark night, continually standing, no doubt in great pain in that pitiful plight, on his feet."

How that could be a great crime to distribute some trumpery toys of crystal, and silver medals marked with the Agnus Dei, one fails to see, but it is possible that they may have been regarded as badges, pledging those who received them to combine in a rebellion against the State, and perhaps also to unite in an assassination plot. That there was such a plot appeared afterwards from the confession of Father Tyrrell. At this time it was suspected, but not proved. That harsh and cruel treatment was dealt out to these men, we cannot doubt, but, as Mr. Froude remarks, "were a Brahmin to be found in the quarters of a Sepoy regiment scattering incendiary addresses, he would be hanged also."

There were in all seven indictments.

At first Francis Tregian had not been committed to gaol, but he was so shortly after, was brought to trial, and was sentenced to the spoiling of his goods and to a lifelong imprisonment.

Barbarous as these persecutions and sentences seem to us to-day, there was some justification for the Queen and Council at the time, surrounded as they were with dangers.