. 3

REPORTS OF CASES

IN THE

EDITED BY

SAMUEL RAWSON GARDINER, LLD.

['HINTED FOR THE CAMDEN SOCIETY.

M.DCCC.LXXXVI.

\

N "
\V

WESTMINSTER:

PRINTED BT NICHOLS AND SONS,
1'R. PARLIAMENT STREET.

IDA

9.0

[NEW 8KKIE8 XXXIX.]

COUNCIL OF THE CAMDEN SOCIETY

FOR THE YEAR 1880-7.

President,

THE RIGHT HON. THE EARL OF VERULAM, F.R.G.S.

SAMUEL R. BIRD, ESQ., F.S.A.

JAMES J. CARTWRIGHT, ESQ., M.A., F.S.A., Trranirer.

WILLIAM CHAPPELL, ESQ., F S.A.

F. W. COSENS, ESQ., F.S.A.

REV. J. SILVESTER DA VIES, M.A., F.S.A.

THE HON. HAROLD DILLON, F.S.A.

JAMES E. DOYLE, ESQ.

REV. J. WOODFALL EBSWORTH, M.A., F.S.A.

JAMES GAIRDNER, ESQ., Secretary.

SAMUEL RAWSON GARDINER, ESQ., M.A., LL.D., Director.

JOHN W. HALES, ESQ., M.A.

REV. DR. JESSOPP.

ALEXANDER MACMILLAN, ESQ., F.S.A.

THE EARL OF POWIS, LL.D.

HENRY REEVE, ESQ., D.C.L., C.B., F.S.A.

The COUNCIL of the CAM DEN SOCIETY desire it to be under-
stood that tbej are not answerable for any opinions or observa-
tions that may appear in the Society's publications ; the Editors
of the sereral Works being alone responsible for the same.

PREFACE.

THE greater part of the present volume was copied for the late
Mr. Bruce, who undertook to edit it. He probably thought, and,
if so, the Society will doubtless agree with him, that it might do
much to dispel the ignorance which exists on the working of the
Courts of Star Chamber and High Commission, if a complete set of
reports of cases within a limited period were published. In this
way the attention of the student would be drawn from the few
State Trials, which necessarily occupy so large a space in our histo-
ries, to the ordinary course of business which went on uninter-
ruptedly, except during the vacations. The cases in the Star
Chamber reach from Easter Term, 1631, to Trinity Term, 1632;
whilst those in the High Commission Court begin in October,
1631, and extend to June, 1632. Of the Star Chamber cases,
those given in the pages from the beginning of the volume to
page 111, as well as the High Commission cases from page 181 to
the end of 269, are taken from Harleian MS. 4130; whilst the
remainder of the volume is taken from Rawlinson MS., A 128, in
the Bodleian Library.

To those more interested in the study of personal character than
in that of legal institutions, the appearances of men like Laud and

11 PREFACE.

Abbot will be exceptionally attractive. Attention may also be
drawn to the treatment of persona accused of attending con-
venticles, one of these, John Latropp, or Lathorp, being a personage
of some note amongst those who subsequently emigrated to New
England. Laud's reference to Prynne, at p. 314, is sufficient to
indicate the spirit in which he was likely to treat him when he
came before him. The notices of Abbot fully bear out the view
taken by Mr. Lee of that archbishop in his article in the Dictionary
of National Biography.

CONTENTS.

PART I.— STAR CHAMBER REPORTS.

PAOK

Viscount Falkland v. Lord Mountmorris and others . . . 2

for a combination to lay a scandal on the plaintiff.

[Continued at pp. 49, 56, 57.]
John Smith v. Crokew and Wright . . . • . 88

for printing and selling a libel against the plaintiff.
Richard Waterhouse v. Sir Arthur Ingram . . .41

for forgery.
Keld v. Fairside .... .42

for perjury, &c.
Attorney-General v. Archer . . . . . . 48

for enhancing the price of corn.
Sir Edward Plumpton v. Scroope . . . .51

for deserting his wife, the plaintiff's daughter, on the
plea of a former marriage.

[Continued at p. 57.]
Attorney-General v. Moody and others . . . .69

for riots in the Fens.
Leach v. Fuljambe and others . . . . .66

for forgery.
John Dal ton v. Heydon and others . . . .70

for scandal.
Allen v. Jemmat and others . . . . .72

for riots and misdemeanours in church.
A. B. v. C. and others . . . . ., . 73

for forging a will.

iv CONTENTS.

PAGE

Attorney-General r. Roger* and others . . 75

for procuring th«> marriage of a child,
uinder Walker T. Rickbv and Lilly . ' . 77

for forgery, perjury, and subornation of perjury.
Gaae of Williams dismissed . . . 78

for a tririal perjury.
Attorney-General by the relation of Lord Dcyncourt v. Leake

and other* . . . . . . .79

for forgery, imbracery, and riot.
AMonMy 0«iei al r. Taylor and others ... 82

for forestalling the markets, &c.
Attorney-General T. Lamond and Howell ap Richard . . »'&.

for coining farthing tokens.
Attorney-General r. Carrier and others . . . .89

for oppressions, riots, and irreligious speeches
The Earl of Suffolk T. Sir Richard Grenvile . . .108

for abusive language.
Tuke T. Cotton and others . . . . . .110

for perjury and subornation of perjury.
Attorney-General r. Kelly . . . , .112

for provoking a challenge.
A. B., a hatband-maker, against Banbury and others . . 115

for making hatbands with base metal.
Attorney-General T. Casen and others . . . .117

for malpractices.

[Continued at p. 187.]
•'"tin Richards T. two constables . . . .136

for searching his barn.
The Dean of Exeter T. Frost and other* .... ib.

for bringing a scandalous accusation of incontinency
•gainst the plaintiff.

[Continued at pp. 158, 180.]

Thomas Young and John Sayer T. Bronghton and others . 189

for riotously entering a seat in a chapel belonging to
the plaintiff.

CONTENTS. V

PAGE

Attorney-General, by relation of Sir John Jackson, v. Viscount

Savile '. . . . . . 145

for assault.
Viscount Savile v. Sir John Jackson .... 146

for riotously hunting.
Attorney-General v. Browne . . . . .148

for improperly procuring an execution.
Mid in Smith and others r. Marten and others . . .149

for a scandalous libel.
The Lord Keeper's Speech to the Judges that were to go on

Circuit ....... 176

PART II.— HIGH COMMISSION REPORTS.

Case of Samuel Pretty . . . . . .181

for schism and erroneous opinions.

[Continued at p. 189.]
Case of Dr. Slater . . . . . .186

acknowledges his offence in adding a scandalous table

to the Psalms.
Lady Willoughby v. Sir R. Willoughby . . . .187

complaint of cruelty.

[Continued at p. 194.]

Case of Richard and Joan Lane . '. . .188

for blasphemous opinions.

[Continued at pp. 191, 269, 275.]
Case of Fox . . . . . .190

for speaking against confirmation.
Case of a seminary priest . . . . .195

Petition of a priest in prison . . . . .197

Petition for restoration of Agnus Dei* .... ib.

Petition of Harrison ...... ib.

Case of Vicars ....... 198

for keeping conventicles and for erroneous opinions.
[Continued at p. 273.]

Tl CONTENTS.

PAOB

Case of simony . . . « . . . 239

Caw of Hadley . . .* . .... MO

dismissal of, questioned.
CM« of SUnton . ' . . . . . . . 241

Owe of Hartford ... " . ib.

improper petition delivered bj.

[Continued at p. 269.]
Case of Mrs. Sompson ..*... 243

desire* possession of a seat in church.
Case of Oeering ........ 244

Ukes the ex-officio oath.

[Continued at p. 269.]
Search for priest* ...... ib.

Marriages at the Tower without licence . . . '. . 249

QftM against Dr. Hooke . : . 246

for incontinence.

[Continued at pp. 263, 276.]
Gase of Thomas Welles . . . . " . .260

deprivation of.

[Continued at p. 264.]

Bristol, refusal of an officer of, to remain in the cathedral . 261

Case of James Godwin ...... iJ.

resistance to a messenger.

[Continued at p. 268.]
Elizabeth Holland . . . . ... 263

non-appearance of.

[Continued at p. 268.]
Case of Lady Grenrile against Sir Richard Grenvilc . . 265

for cruelty.
Case of Sparkes . . . . . . . 268

for misprinting the Bible.
Case of Appletree .. . . . • 269

for attacking the catechism.
Suspension of Pish, the proctor . . . . . tb.

[Continued at p. 273.]

CONTENTS. Vli

PAGE

Case of Henry Mudford and others . . . 270

for false opinions

[Continued at p. 313.]
Case of Joseph Harrison . . . . .271

for drunkenness and other vices.
Case of Richard Blagraye ..... 274

for keeping Geneva Bibles.

Case of christening a cat . . . . . 275

Case of Dr. Gibbons . . . . . .277

for adultery.

[Continued at p. 282.]
Lord Lovelace v. Amy ...... ib.

for serving a process in church.
Case of Conventiclers taken at Blackfriars . . . 278

[Continued at pp. 281, 284, 800, 307, 315.]
Case of Francis Litton ...... 280

for misconduct in St. Paul's.

[Continued at p. 298.]
Case of seats at St. Austin's . . . . .' 282

[Continued at pp. 297, 806, 812.]
Case of D. Wright .... . ib.

for incontinency.

[Continued at pp. 296, 304.]
Case of Samuel Eaton and others .... 284

for keeping a conventicle.
Goodcoal v. Long ...... 286

for appropriating Church property.
Case of Barker ....... 296

for mis-printing the Bible.

[Continued at p. 804.]
Sandiland v. Pole and Bloxham ..... 298

case of simony.
Case of seats at St. Leonard's . . . . . . 302

Case of tithes ....... 803

Case of the removal of a Bishop's bones . . . .Hi.

viu CONTENTS.

PAGE

Cwe of alimony . . . . . ' .. .808

Cue of Richard Taylor . . . ; .804

for adultery.
Ca»e of WhitUcree . . . . 805

for printing scandal against Queen Elizabeth.

[Continued at p. 821.]
Case of clandestine marriages at the Tower • . . 807

[Continued at p. 822.]

Case of conventiclera taken near Newington . . , . 808

Case of con v en ticl ere taken in London . . . .310

Cue of Richard Hickman . '. . . . ib.

for swearing and immorality.
Jones v. Orchard . . . . . .811

for improper execution of his office as notary.
Case of Lady Allen . . . . . . .812

Speech of Sir Henry Marten.
Qase of Henry Ooskin . ... . . .814

for printing a ballad.
Thomas Brent r. Hippisley and others . . . .816

for bribery.
Case of John Etsall . - . . . . ib.

for erroneous opinions.

ERRATA.

P. 240, line 2, for ' atidiendum rolentatrm ' read ' attdifndam roltttfatrm.'
V. 242, line 10, for ' comtm>dt*m ' read
P. 2S4, line 2, for dob rrad doth.
I'. 292, footnote, for 288 read 281.

CASES IN THE COURTS OF
STAR CHAMBER AND HIGH COMMISSION.

Coram

PART I. — STAR CHAMBER REPORTS.

[In Camera Stellat[a] Pasche, 7° Caroli Regis, 1631.]

Thoma, D[omi] no Coventry, D[omi]no Custode M[agni] S[igilli]

Anglie.

Henrico, Comite Manchester, D[omi] no Custode P[rivati] S[igilli].
Thoma, Comite Arundell, Comite Marescallo Anglie.
Philippo, Comite Pembroche et Montgomery.
Ed[wa]r[d]o, Comite Dorsett.
Henrico, Comite Danby.
Dudley, Vicecomite Dorcestr[iaB].
Thoma, Vicecomite Wentworth.
Ric[ard]o, Ep[iscop]o Winton[iensi].
Ed[wa]r[d]o, D[omi]no Newburgh.
Thoma Edmondes, Milite.
Henrico Vane, Milite.
Thoma Jarmin, Milite.
Joh[ann]e Cooke, Milite.
Nico[lao] Hide, M[ilite], D[omijno Capit[ali] Just[iciario] Banci

Regis.

Thoma Richardson, M[ilite], Capit[ali] Just[iciario] de Banco.
Francisco Cottington, Baronett[o], Cancell [ario] Scacc[a]rii.

CAMD. SOC. B

Consilio

D[omi]ni

Regis

ib[ide]m.

STAR CHAMBER CASES.

Betweeoe Henry, Viscount Falkland - Pl[ain]t[iff], and
The Lord Mountnorris, Sir Arthur
Savage, K», Walter Weldon,
Esqr. Philip Bushell, gent, and
others ..... Defend [an] ts.

Tht cff«rt of The Brst charge of the Bill was that the defendants had all joyned
t[iir»j bUl. an<l combined together to lay a scandall upon the Lord Viscount
Falkland, late Lord Deputy of Ireland, in this manner: That Philip
Bushell pretending his father to be unjustly convicted and executed
for a supposed murther in Ireland had drawen and contrived a
petition to the Lower House of Parliament to this effect: To the
Right honorb" the Knights, Citizens, and Burgesses now assembled
in the lower House of Parliament. The humble petition of Philip
Bushell, gent, whose father was unjustly hanged, Showeth, that
Philip Bushell, father of the Petitioner, was unjustly accused of
murthering his wife, who dyed a naturall death : That the Lord
Viscount Falkland, Lord Deputy of Ireland, of purpose intending to
pervert the course of justice and to make a prey upon the estate of
Bushell, the father, being worth about 4000", had joyned and com-
byned with the Lord Sarsfeild,* then Judge of the Assizes in the
County of Kildare, unjustly to indite, arraigne, convict, condemne,
and execute the said Philipp Bushell, the .father, for the said sup-
posed murther, and to this end the said Lord Sarsfeild was then of
purpose chosen by the said Lord Deputy, being not his ordinary
circuit, to be Judge of the Assize in the said county of Kildare.
That at the precedent Assizes the Grand Jury found an ignoramus,
and the then Judge was about to cause the said Philip Bushell, the
father, to be acquitted by proclamation, but after he was reserved
to another Assizes; that the said Judge Sarsfeild being then Justice
of the Assizes, caused a non-indictment to be preferred to the then

• Sir Dominick SaraficKI, C.J. of the Common IMcw.

FALKLAND V. MOUNTNORRIS AND OTHERS. 3

Grand Jury, wich intended also to finde an ignoramus, but the said
Lord Sarsfeild amerced and fined 4 of the Grand Jury and put
them out of the Jury and chose 4 others, in their roume : That he
then drewe the said Jury into a private chamber and gave them
evidence, and wrote upon the backe of the indictment, You of the
Grand Jury are to finde this Bill : That he also threatened the Jury
of tryall, and thereupon the said Philip Bushell,the father, was con-
victed, condemned, and executed, being a man of fower score yeare
olde : That all the estate of the said Bushell, the father, was seized,
et cetera.

The petitioner therfore humbly prayed the said House to take
into consideration, and that a commission might be sent into Ireland
to examine the truth of the promises, et cetera. That the said
pet[it]ioner being about to preferre the said petition to the said
House of Parliament the said Sr Arthur Savage advised him to
alter his petition and to preferre it to the Duke of Buckingham,
which the said Bushcll, the sonne, did, and seconded the same
petition to the Duke, affirming to the Duke and others that all con-
teyned in the same was true : That Sr Arthur Savage advised the
Duke to write his letter to the Lord Deputy to perswade him to
give satisfaction to the petitioner and soe stoppe him from clamor :
That the said Duke gave orders to his Secretary to drawe such a
letter : That Sr Arthur Savage dictated the same letter to Stock-
dale, the Duke's Secretary : That it was written, sealed up, and
delivered to the pet[it]ioner, P. Bushell, by him to be conveyed to
the said Lord Deputy : That the said Duke being slayne before the
letter was delivered to the Lord Falkland, they caused the same
letter to be opened and annexed to another petition to the same
purpose, and to be preferred to the Commons House of the next
Parliament :* That the Lord Mount Norris being a Privy Counsellor
of Ireland (as also the said Sir Arthur was a Privy Counsellor there)
had reported that he liked not the said Lord Falkland's Government,

• » e, in the Session of 1681.

4 STAR CHAMBER CA8E8.

for that he thought it too tiranicall, et cetera : That the said Walter
Weldon and the said Philip Bushel], the sonnc, had reported that
the Lord Viscount Falkland had donne this for his owne gaine, to
make a prey upon the said Bushel], the father, his estate worth
3,000 or 4,000" therewith to pay his daughters' portions:
That Mottcnell, the scrivener, did write the said petitions: —
That the whole matter was a grievous scandall layd u|K>n the
Lord Viscount Falkland, and his Government, and to impoyson his
credit and reputation with the Duke, and with the King, and the
rest of Nobles here, and tended also to the King's dishonor : and for
repaire of honor, and to have their answers hereunto, and to cleare
the truth the said Lord Falkland exhibited his bill in this Court
And shewed, further, that the said Sr Arthur Savage bayled the
• Hid Bushell the Father, and he and the said Walter Weldon joyned
together to embezell, conceale, and convert to their owne use the
greatest part of the said Bushell's estate, ana when the said Lord
Deputy sent a commission to Sr Terence Odemsi, Knight, to seize
and receive into his hands the said estate and goods of the felon,
which commission was advised and drawen by the King's Attorney
General! of that Kingdome, and issued out of the Chancery there,
thereby charging the said Sheriffe and all others not to intermeddle
with the said goods, the said Walter Weldon being then High
Sheriflfc of the said county of Kildare, and having seized the said
goods before the Commission came, refused to deliver up the same
to Sir Terence Odemsi till a second Commission came forth, et
cetera, and Sr Terence seized parte of the estate, as much as he
could come by and but 10O" Irish came to the King's coffers of all
the estate and goods of the said Philip Bushell the father.

The effect of Philip Bushell, the defendant, justifyed in his answere the said
ant* their" * petition to be true, and that his Father was unjustly put to death,
and therfore he had just cause to complaine, et cetera.

The Lord Mount Norris, and the rest of the defendants, deny tin
confederacy and combination to raise the scandall, And Sr Arthur
Savage confesseth he inett Philip Bushell goeing to Westminster to

FALKLAND V. MOUNTNORRI8 AND OTHERS. 5

preferre his petition to the House of Parliament, that he advised
them preferring of it to the Duke : and whereas the prayer of the
petition was for a Commission into Ireland to examine witnesses,
the said defendant, Sr Arthur, thought that way would be too dis-
honorable and publique, and therfore, out of respect to the Lord
Falkland, advised that a letter might be sent by the Duke to the
said Lord Deputy, that he thought the said Bushell was unjustly
hanged, and verely beleived the same would heereafter, upon
proofe, fall out to be true, and sett downe the said Judge's carriage,
in the said conviction that he threatned the Jury of Tryall, and
when one of them would not agree with the rest of his fellowes,
beat him and pinched him till he was feign to agree to the rest, and
bid him make much of him to night, and then he would make
much of him tomorrowe, etc., but the said Sr Arthur denyed that
he ever saw the said Bushell's petition, or read the same, etc., and
in the openings of the said Sr Arthur Savage's answer, by Mr.
Holte, his age and service, both as a souldier and servant of the
State, by Counsell was set forth, etcetera, and Sr Arthur denyed
the dictating of the letter, etcetera. Mottersell, the defendant,
answered that he did but write over the petition as a servant ; he
knewe nothying, and it was to quitt an olde debt which he owed to
Philip Bushell, and soe not guilty.

And the said Sr Arthur and Walter Weldon denyed the im-
bezlling and concealling and conversion of the said Bushell's estate,
or any part thereof, to their owne use, and pleaded to this Not
guilty.

Fower or five days were spent in hearing the proofes on both sides Hearing of the
in this cause, and the defendants moved that the depositions and c
proofes taken and made in the cause against the said Judge Sarsfeild
and the Jury, at the suit of the defendant Bushell (which cause was
not and yet is not ready for hearing) might be now read in the
behalfe of the said Philip Bushell especially. This motion was
much stood against by the Lord Falkland's Counsell, especially for
that the said Judge should be prejudiced and even judged before

6 STAB CHAMBER CASES.

tliis came to hearing. Yet the court (because it tended much to
the just defence of Busholl and extenuation of his fault, if it were
any,) did give order for the reading the said proofes, but withall, that
the Lord Sarsficld might not receive any damage/ it was ordered
that his answere should be likewise read, which was accordingly
read, as also the said depositions and proofes, whereby the whole
matter appeared to the Court.

Soe the Complainants Counsell having made their charge, and
opened all their proofes, the defendants Counsell having also made
their defence, it remained only that Mr. Atturney General!, being
of Counsell for the Lord Falkland, should replye, and soe the cause
was to passe to sentence.

Mr. ATTORNEY his reply: May it please your Lordshipps, In the
cause where the Lord Falkland is plaintiff, and the Lord Mount
Norris, Sr Arthur Savage, Walter Weldon, Philip Bushell, and
others are defendants, I shall refreshe your Lordshipps' memories
with a fewe observations out of the whole cause, and leave it to your
judgments. The complaint of the undue proceedings was not till
Mr Weldon was discharged of the goods. Sr Arthur Savage and
Mr Weldon (We of Counsell for the plaintiff say,) had an eye to
proffiL The goods were of the value of 2,000 or 3,000", and this
by their owne oathes. When Mr. Sheriffe valued and prized them
they are but 400" or thereabouts. And Mr. Sheriffe seized them
the very day the prisoner was attainted.

Mr Sheriffe and Sr Arthur Savage seised the goods ; both of them
nad Bayliffes there, and Sr Arthur Savage's souldiers assisted the
keeping of the goods. The night before the seisure there were
divers goods of value carried away ; this the Defendants say was
upon heeresay, but there is testimony that sawe it carried away in
the night ; but it appeareth not that it was carried to Mr Weldon's
house. Sheriffs in Ireland too frequently, I feare, seize goods too
soone, and soe in England, I feare, and for my Lord Deputy to
cause a reference to be made to the Judges of the Assize to examine
the undue proceedings in the seisure ef the goods when it was
• In MS. U here inserted " that his answere to the Bill "

FALKLAND V. MOUNTNORRIS AND OTHERS. 7

informed him, and to cause them to* be put into safe hands, either of
the Sheriffe or Coroner; he did this carefully, justly, and very
honorably.

Another circumstance to be noted is the care of Sr Arthur Savage
and his souldiers to looke to the goods. Sr Arthur had reward for
looking to the goods, 20 wethers ; the servants were well paid for
their paynes. There were 140 of them ; they could not be all
souldiers.

When Mr Sheriffe seised the goodes and the sheepe the markes
were changed, some in Sr Arthur's marke, some in Mr Weldon 's
marke, some in Mr. Clarke's, and 400 lambes fleeces were conveyed
away by one Mre Bushell, a widdowe : who should be charged with
this but the Sheriffe that seised them. It is said Mr Weldon was
careful of Bushell's children, etc. and sure it is that many things
went away, and never came into the inventory. Shall Mr Sheriffe
be the King's almoner without notice to the Lord Deputy ?

Sr Arthur Savage and Mr Weldon are Brothers-in-lawe, and
whethey they befrutres in malo I leave to the evidence.

My Lord Deputy received a letter from a servant that the goods
were like to be imbezelled (and that he should be thereupon drawen
into this aspersion is very strange). Let us showe your Lordships
what he did upon it. He sent for the King's Atturney General I;
the Atturney says if there were such an imbezelling of the goods it
were the best way to send a Commission. They must fynd fault
that Sr Terence Odemsi was a commissioner ; though he were a
brother or neare of kinne or a friend was this a fault by a Judge n
name one of his acquaintance in matter of trust ? But he was farre
from this ; the King's Attorney says upon his oath he named him
among others, but he was specially and alone charged with it ; it is
true the safer course and the better account might have been made,
and it might have been well donne, to have had many eyes upon it.
They say this was very quicke. Let us observe : the arraignement
and conviction was 26 July, the seisure by the Sheriffe the same
day, the imbezelling the same night, the letter to the Lord Deputy

8 STAR CHAMBER CA8E8.

the 27* day of July, the warrant the same night, the commission
the next morning, so this followeth but in terte trmpori*.

The Commission was disobeyed; it was renued totidem vrrbi*.
It was doubted that this commission was not sufficient to discharge
the Sheriffe ; the Lord Chiefe Baron did deliver his opinion, when
he sawe the greate sealc (he thought the first had been a letter or
otlu-r verball command) it was sufficient; from the 25th of July
to the 12th of September heere was a faire tyme to imbezell the
estate; then he delivereth over the goods and improveth it to 500";
they were stretched in value already.

Sr Terence Odemsi was sent to be heard and make his account
before the Lord Mount Norris ; Sr Terence required great allow-
ances, you say; peradventure he might make for his extreme
charge some straine of allowance ; rent must be payd and servants
wages; but upon his account he was not allowed it, he payd all;
but that my Lord Deputy should be angry because he was not
allowed this is not proved; it is a scandall unjustly taken up against
my Lord Falkland. Sr Terence Odemsi was an accountant; he
was sent for by a messenger, being an olde man, in the middest of
January, and to send for him by a messenger in a compulsory way
when he was neere, and might be sent for in a friendly, was some-
what hard and not to be borne with.

They say heere was a desire by my Lord Falkland to make a
prey. But cast backe your eyes, my Lords, what colour of proofe
is there made ? My Lord Falkland never had a penny of gaine, as
appeareth by witnesses. Nay, the defendants (which is more than a
1000 witnesses) say, in their answeres and depositions upon oath,
that they thinke in their consciences that he had no proffitt nor noe
such end ; and yet, to endevour to prove it and to raise this sclaundor,
I shall leave it to your I^rdshipps.

To come to the scandall, I shall observe out of the petition what
the nature of it is: The petition of Philip Bushell, whose Father was
unjustly condemned, soe is the title; but this is not the ground of
the suit heere, but that it is laid upon my Lord Deputy that he

FALKLAND V. MOUNTMORBIS AND OTHERS. 9

should doe it out of desire to make gaine of his estate ; since the
tyme of Jezebell I never heard of the like, but she did it. I doe not
take upon me to free my Lord Sarsfeild in all things, but it is a
dangerous case that after the tryall of lawe soe many yeares, this is
against alt Judges that after thus many yeares all should come to be
scanned againe ; it may be there was some precipitation, some too
much warmeth of j ustice, but that I hope would not be a fault,
especially in that Kingdome. I leave it to the tryall, he is in a way,
and if he hath not donne well he must answere it at a greater barre.
These things they may if any thing excuse a little, but must he
speake wel of the Governor presently ; men are ready too much to
complaine upon their governors : and I must needs say that too
many, that never heard any thing in this cause, condemne not onely
my Lord Sarsfeild but, through his sides, my Lord Falkland ; if my
Lord Sarsfield hath not gonne soe cleare a way, must this be retorted
upon my Lord Deputy ? Durus sermo. And for a Judge to be put to
give a reason of evidences given before him and tryalls, durus hie
etiam sermo. There was neither malice nor corruption in the Judge
till he was provoked.

If my Lord Deputy change the circuitinge Judges, shall he be
charged with this, as to say he intended an act of injustice and to
murther a man by pretence of justice? It is true that my Lord
Deputy did contend for his jurisdiction to name the Judge, yet to
say this was an intent of injustice is a malicious slander ; nay, they
say his hand was in the ordering of the goods seized, and this was
for his daughters' portions, and this was a common fame, but heard
by none but Mr Weldon ; a prety way to raise slander by fame.

Now to see how the state of every one of these defendants stands.
My Lord of Falkland is well knowen in this Court, and your Lord-
shipps, as you remember, would not have any evidence for the noble
carriage and deportment of my Lord.

For the defendants I beginne with my Lord Mount Norris, our
proofe commes not soe home against him as was expected. My Lord
Mount Norris was inquisitive after the petition, and would have my

CAIID soe. C

C

10 STAR CHAMBER REPORTS.

Lord Deputy removed, and would not rcturnc into Ireland till he
were removed.

Mottcrecll is the scribe, he writes the petition, nay, sayth some
of the court, he did but transcribe it, be did not contrive it.

For Bushell, I think noe man can excuse his petition. First he
delivered the petition to the King. This is not in the bill, but
sheweth he had a good minde to the slander, but he delivered this
petition afterwards to the Duke and gott his letter, opened it, and
preferred another petition thereof to the House of Commons, and thia
will not excuse him that his father was unjustly condemned, was it
then his parte to lay this slander upon my Lord Deputy ? There
was an yeare and halfe betweene the arraignement and the delivery
of the first petition, halfe a yeare more for the delivery of the petition
to the Duke, and halfe a yeare after for the petition to the parliament.

Sr Arthur Savage, whatsoever he hath deserved, in this what
he hath deserved I leave to your Lordshipps. Bushell intended
to deliver a petition to the parliament, he advised that the course be
altered and to be delivered to the Duke, he recommended it to the
Duke, said it was true, related all to the Duke and others, it tooke
such impression in the Duke that he tould some that Sr Arthur had
spoaken strange tales of the death of an ould man. The petitioner
desired a commission to examine witnesses. But (now behold a
stratagem of warre I thought not to have found it in a Court of
Justice), now noe Commission but your Lordshipps' owne Letter
that he should make restitution, that he might wound himself, and
that another might not wound him. This was a poysoninge of my
Lord's honor with the Duke, with the King, and with the rest of
the nobility, and out of an endeavor to take away my Lord Falk-
land's honor with the nobility of England.

Sr Arthur did dictate this letter, but he sayth as my Lord Duke
directed, the Duke your Lordshipps knowe would bidde men " Goe to
my Secretary"; nay, there was another dictator, Sr Arthur's owne
malice against my Lord Deputy, malicious it is plaine, for he saith
upon his oath my Lord Deputy had no such ayme of gaine as he

FALKLAND V. MOUNTNORRIS AND OTHERS. 11

thought in his conscience, and heere to put it in ; this is malice. He
affirmeth the contents of the petition to be true, but saith in his
answere he never read it. He hath published this libell to severall
persons heere in England and in Ireland.

For Mr. Welden I say noe more but this, he was sworn officer,
but it seemeth little regarded his office or oath ; he rayseth the same
that this was to pay my Lord Falkland's daughters' portions, connives
at the carrying away of the goods, leaveth out some of them never
sett downe in the inventory, etc.

This was an offence against a Nobleman, and not onely soe, but a
Lord Deputy at that tyme of Ireland, Sir Arthur Savage a Privy
Councellor there; and this aggravates his fault: if this had been
true against my Lord Falkland what had he deserved ? He had been
most worthy of punishment, he had deserved the disfavour of his
King and Master. Of what ill example is this that persons of such
trust should be soe scandalized and traduced? 1 shall humbly
submit it to your Lordshippes both for the King's fine and dammages
to the party for repaire of honor.

CHANCELLOR OF THE EXCHEQUER: My Lords, you have with The sentence
a great deale of patience heard a long and weighty cause. I shall °
with all brevity declare the reasons of my censure in this cause,
Lord Viscount Falkland, plaintiff, against my Lord Mount Xorris,
Sr Arthur Savage, Walter Welden, Bushell, and Mottersell. I
shall beginne with Bushell, who made the petition of complaint first
to the King (but that is not in the bill), then to the Duke, and after-
wards to the parliament.

I conceive him the wretched sonne of a dead father, 80 yearn
olde at his death ; he sawe his father dead, his goods seized, two
Assizes nothing donne, two ignoramus', he was thought to be dis-
charged by proclamation, and then, at another Assizes, there is a
new Judge and a new Jury chosen, et cetera ; yet for my Lord
Sarsfeild, I will leave him to his due tryall ; but for Mr Attorney's
minde, I am not of it, that there should be more severity used, but
more mercy, if offende in any parte, in the mercifull parte. This,

12 8TAK CHAMBER CASES.

not that I shall not sentence Bushell, for I shall, and that not lightly.
The petition is that, by the conspiracy of my Lord Falkland and
the Lord Sarsfeild, his father was unjustly condemned, and that he
mi«:ht have recompense for his Father's goods seised by the Lord
Deputy. Say that he was unjustly condemned, he might com-
playno, but not lay an aspersion upon the King's Deputy. I -fine
him therefore to pay U> tin- King 500", and 500" damages to my
Lord Falkland, and, by his acknowledgment, to cleare my Lord
Falkland at the barrc hecrc and at the Assizes in Ireland.

For Sr Arthur Savage, my Lords, I take him as a souldier, and
that of great meritt, in Queene Elizabeth's tyme, and since thattvme
a Councellor of State, and certainel y his fault deserves the bigger and
severer sentence. Not that Sr Arthur gave bayle onely for Bushel],
in a case bayleable, a Justice may sometymes, but heerein is his
fault. He meeteth with Bushell goeing to Westminster, he alters
the course, the petition must be preferred to the Duke. I note he
perswadeth my Lord Duke to send my Lord Falkland a letter to
drawe him to compound, he was of opinion my Lord was guilty,
and soe was the Duke too, it seemeth. My Lord Duke sayth Sr
Arthur Savage had tolde him very foule things of this cause : and
that Sr Arthur sayd the things in the petition were true, and
that the money and goods seised were to pay my Lord Falkland's
daughters' portions ; but, in his answere he cleareth him, that he
was not to be blamed, as he thought, in his conscience, nor for the
arraignement nor for desire of gaine. The Duke's letter saith,
I will never protect yow in soe foule a cause. 1 say not that Sr
Arthur framed the letter nor opened it. I fynd justcau.se to ceiiMiie
him to pay a fine to the Kinge of 1000", and to pay 3000" damages
to my Lord Falkland ; and that he make his acknowledgement
either heere or at the Councell table, and in Ireland, at least, at the
Councell table.

For Mr Welden, he is not in my opinion to be charged with the
raysing of the scandall, but with his fault as he was a sworne officer
of the King. I shall she we your Lordships my reasons why I shall

FALKLAND V. MOUNTNORRIS AND OTHERS. 13

censure him That there were some goods not inventoried, 30
cowes, and whether those goods were carried that were put into the
potts I knowe not ; this is imbezelling or suffering it to be im-
bezelled. There was a pretended sale, that Sr Arthur had bought
the goods; they changed the markes of the sheepe, and deteyned
the lambes wooll, and when it was demanded it was denyed as if it
were upon the sheepesbackes; and denyed the corne, and disobeyed
the Commission ; he should not have disputed but obeyed. As Mr
Atturney saith, it is an offence of dangerous consequence to be
committed by one that is sworne to make a true and a just account.
They say the estate was good 3000" at first, but when it is seised
it cometh to 300". Then Sr Terence Odemsi makes an account of
500", but the King had but one hundred and fifty pounds Irish,
and if this were in the bill against Sr Terence I should censure him
too, but for Mr. Welden, the Sheriffe, his offence being in the bill, I
censure him to pay to the King a fine of 1000".

For my Lord Mount Norris I shall, my Lords, say little of it,
for what is not in the bill, he is not to bee punished. He is a great
instrument in Ireland, and I fynd the more fault with him for dis-
agreeing with the Deputy; I leave him therfore to my Lord Keeper
whether he shall pay any costes or noe. For Mottersell, who wrote
over the petition, because he was but a servant he is to be cleared.

LORD RICHARDSON: In this cause, my Lords, I have to doe
with 5 defendants at the suit of my Lord Viscount Falkland, Sr
Arthur Savage, Lord Mount Norris, Walter Welden, Mottersell,
and Philip Bushell : This is the 6th day for the hearing of the cause,
you have heard it honorably, and this deliberate hearing was most
fitt for giving satisfaction to the partyes, to the world, and to your
Lordships; most fitt in respect of the greatnesse and weight of the
cause, great in respect of the partie, it concerneth a noble man and
Peere of Scotland and then Lord Deputy in Ireland, and great for
the quality of the cause, it is for scandalizing my Lord Deputy in
point of justice, an imputation that he should pervert the course of
justice and that for gaine to himselfe.

14 STAB CHAMBER CASES.

Sr Arthur and Bushell did conspire to scandalize the party; they
drawe it in a petition. This petition conteynes that my Lord
Deputy and my Lord Falkland had joyned together to cendemne
Bushell, the father, unjustly. Sr Arthur informed my Lord Duke,
and procured the letter for composition. This is the first charge of
the bill, and that they did it out of ityme of gaine to themselves.

For Meredith and Mottersell, Meredith is not proceeded against.
Fur Mottcrsell, he did but write it faire and to acquitt an olde debt
to Bushell, and this is not such an offence as to make me sentence
him ; if he had advised it and published it, I should.

For my Loid Mount Norris, I must say, my Lords, discharge
him from all manner of blemish in this cause, for what is proved
against my Lord Norris ? That he disliked the Deputies Government,
that it was tiranicall and would not suffer the King's servants to
enjoy their places, but not in contriving this slander; therefore, he
is to be freed from pena et culpa, only this is to be disliked that he
being a Privy Counsellor should not agree with the King's deputy,
he that governeth for the King.

I shall beginne with Mr. Welden. I shall censure him as Mr.
Chancellor did onely for the matter of deceipt against the King, for
the raising of the slander I think there is nothing against him. That
Mr. Welden did reporte that this was for my Lord Deputies
daughters' portions, this being but singularis testify I shall not con-
demn him for it But for the goods, whereas he saith he hath a
property as Sheriffe in the goods of felons, this was a fault in him
to be much blamed. The Sheriffe hath not property, but the King
at the tyme of the attainder of the party. It is true the SherifFe
may seise, and he ought to account for them. Sometimes the
Coroner and sometimes the men of the place by the olde bookes, and
the Sheriffe must not be trusted alone, but must send a scedule to
the Coroner. There is an officer in the Exchequer, I take it the
Clarke of the Hanaper, that should seize, but the Sheriffs have put
this in the Exchequer out of place. They say themselves the estate
was first greate 3 or 40001, how could this come to 300" or 500",

FALKLAND V. MOUNTNORRI8 AND OTHERS. 15

and at length to come to 160" Irish, and this is but little, there
was certainly an imbezelling and concealing, there was a carriage
away of the goods, and they that reporte it were the men that
carried the goods, they should have been examined, it is true, but
it may be they were not in the way ; and for the Sheriffe to take
upon him to dispose the goods for the benefit of the children upon
his own authority, and to make sale of them to Sr Arthur Savage
in that manner, it is not good, although he might sell them for
valuable consideration : to be shorte therfore, I fyne Mr Welden as
Mr Chancellor hath donne, l,000l.

For Bushell, he is to be punished, though he be a sonne, and
hath the warrant of nature to doe what he can for defence of his
father's reputation. To goe soe impudently to work as to say this
was donne by colour of justice, and to make a prey upon his estate,
and this by conspiracy between the Deputy and the Judge, to lay
an aspersion upon all in this sorte, this is not to be given way to ;
to have complained his father was unjustly condemned he might;
he ought to be fyned ; he is a poore and indigent man ; the fyne of
500" is enough ; and yet I hold fitt he should goe to the pillory, and
his offence to be declared in paper wherfore he standeth there, and
that he should be bound to the good behaviour, for he saith he will
mainteyne the petition with his life ; and to suffer inprisomnent at
the King's pleasure.

For Sr Arthur Savage, a valiant man in his youth, a man of
service, in his carriage as a counsellor a wise and judicious man, I
could have wished he might have gone to his grave in honor; but
justice, my Lords, must be donne; I hould him, under your favour,
he is guilty, and deserves as great a fine as is sett upon him, or a
very great punishment. Sr Arthur Savage his men kept the goods.
He claymned them by sale from the Sheriffe, nay the sheepe were
marked with his marke, for he is deepe in Bushell's estate. Again
it is proved he joyned with Bushell, and that he should joyne with
soe base a fcllowe I much dislike it in him. I doe not say he
devised this petition ; I think Bushell himself did it, but with other

16 STAR CHAMBER CASES.

heads, but he advised the preferring of the petition to the Duke.
Sr Arthur carried the petition to Stockdale, and Stockdale \M»te
the letter as Sr Arthur dictated, and he said the petitbn was
true, and saith plainly that Sarsfield was sent by my Lord
Deputy of purpose to attaint Bushell. This is soe plaine that
II»MO can deny it, and noe defence can be made by any for him.
Nay, in his own answere in this Court he goeth about to make it
good ; doth he not there sett downe the conference with Stockdale
and the carriage of Judge Sarsfield? And this I take to be a great
offence in Sr Arthur Savage. The dignity of his person increaseth
his offence, and in this case the offence is not donne to my Lord
Deputy onely, but it reflecteth upon his Majesty. What will the
people say that the King should send such a deputy, occulere et
poggidere, never heard of since Jezabcll's tyme. This is directly
against the Statute of Westminster against telling of false newes,
and what false newes more prejudicial!? and against the Statute
made for punishment of scandalls raysed upon Lords, Barons, Peers,
Judges. Soe, my Lords, this is a great offence for this honorable
person Sr Arthur Savage to fall into, and I am very sorry of it.
Your Lordshipps have honorably heard this cause, and it much con-
cerned and fs well donne for satisfaction of all men. But for my Lord
Sarsfield I doe leave him to your Lordshipps to be heard in tyme
convenient ; in meane while you have dealt nobly with him to heare
his answere to clear his honor till the cause be heard. 1 doe not
declare my opinion whether Bushell be rightly condemned. My
Lord Sarsfeild first of all demurred, but it was overruled that he
should answere; it is dangerous for Judges that are just and
upright to be soe questioned, but if any shall for malice or sordid
respects carry themselves amisse, God forbidd but they should
answere for it. But for my Lord Falkland, he hath noe blemish
justly layd to his charge, but did what perteyned to him or any
gentleman of honor or any in this place. Let me shewe what is
•ayd against him. Ainsford his servant wrote him a letter ot the
undue seisure imbezelling the goods. He referreth it to the Justices

FALKLAND V. MOUNTNORRI8 AND OTHERS. 17

of Assize. For the contestation for his place and jurisdiction he
might doe it and name my Lord J[ustic]e Sarsfield. Shall it be sayd
presently it was to hange Bushell? That Sarsfeild said he had a
speciall charge, that he had a charge; this was well, but we have
charge too, and yet doe not hange. I doe not hange all hangeable,
not to use my Lord Sarsfield's words, I doe not think this can sticke
upon my Lord Falkland, but they say he awarded an unordinary
Commission It is true the Exchequer may award a Commission in
such a case, but that any of this nature should be out of the
Chancery I never heard of it before, but though the Court be
mistaken yet he did nothing unjustly. Mr. Atturney Generall
advised the Commission, and then the Lord Deputy commanded
him to go on with it, but shall my Lord Deputy be blamed for
trusting Sir Terence Odemsi. One ordinarily is trusted more than
another, therefore out of what humor Sr Arthur hath soe traduced
him I knowe not, but malice appeareth. And if the fault be soe
great as I have showed, I shall leave it to you. I think his
majesties fine is too little. I would increase it therefore ; the fine
to be £2000 at the least. His Majesties property is to deale
mercifully. For the dammages to the party it is matter of honor
that he respecteth. I think he will not respect dammages too much.
I would reduce therefore the dammages to 20001; they should goe
hand in hand, and soe my Lords is the course of the Court I take it.
For his acknowledgement it is fitt to be done, and soe as Mr Chan-
cellor sayd heere and in Ireland : and that there may be a greate
care in penning the sentence of this Court to sett upright my Lord
Falkland in his reputation, and to be read heere and especially in
Ireland that all may see the Justice of this Court.

LORD CHEIFE JUSTICE HIDE: There is difference between a
petition and a slanderous libell; it is lawfull for men that arc unjustly
grieved to petition, but if it be in a slanderous manner, that is, if
they cannot prove it, then it is become a slanderous libell and punish-
able heere, for they endevored heere to bring home the injustice to
my Lord Falkland. Although the truth or untruth of the body of

CAMD. SOC. D

1 - STAR CHAMBER CASES.

the petition be not more in question, yet the undue manner of pro-
ceedings was necessary to be read heere in this court, and I knowe
nothing improperly read but my Lord Sarsfield's answere, touching
whom I must leave you and not condemne him unheard, but bociBM
the offence of Bushell it greater or lesser, according to his pressure;
therefore were these depositions in the other cause read before your
Lordship]*. Soe I come to my sentence.

For my Lord Mount Norris, I see nothing to charge him.

For Meredith, he is nut proceeded against

For Mottersell, he is to be quitted, he wrote the petition only as
a servant.

For Mr Weldon the Sheriffe, whether he hath demeaned himselfe
as a Sheriffe : He went presently after the attainder and valued the
goods, took them into his hands, garded and looked unto them ; there
is no direct proofes that they were of greater value than 300" ; he
had a miiule to do goode indeed, but he had noe interest in them,
noe property but as by his office to make an account : herein he did
amisse, jet that he should be charged unlesse he converted them to
his owne use I do not knowe ; for the goods that were carried away,
whither were they carried I knowe not, nor is it proved ; for the
sale to Sr Arthur, he might sell the goods for valuable consideration ;
for the 200 lambes fleeces, I fynd nothyng els layd to his charge ;
here they are worth 3d a peece, it may be 2d there, and if a bill were
to be brought here onely for this it were to be throwen out of the
court, for there is a course in Ireland, a Starr Chamber and an
Exchequer there; and for this commission, whirh ho denyed to obey,
I confesse it was a strange course to alter the income of the Kinges
revenue into the Chancery. What account could there be made of
this to the King ? and, besides, he spent 40" in looking to the goods ;
I therefore quitt him both for this and that other charge of rai>in«:
the schmder, for that there is nothing against but out of the mouth
of a single witnesse.

For Sr Arthur Savage, I would single him out as the gr> *
. <t lender in casting this slander upon my Lord Viscount Falkland,

FALKLAND V. MOUNTNORRI8 AND OTHERS. 19

then Deputy in Ireland ; whether he hath wronged him out of malice
or ignorance, he hath wronged him, and in soe foule a manner that
he could noe other way be righted than by examination in this court.
He is charged for diverting the petition, and to preferre it to my
Lord Duke, and affirming the petition was true, and therein was
conteyned that my Lord Falkland and the Judge agreed together
unjustly to convict Bushell the father, and to make a prey of his
estate. This was without doubt matter of great scandall. Let the
Judge be unjust, the Jury foresworn, yet it is an unjust slander upon
my Lord Falkland, the King's deputy ; yet he is to be blamed for
saying in the petition and letter that Bushell was unjustly executed,
and that by practice, etc. And there is another circumstance, to
have his hand in the petition and letter, and yet to cleare my Lord
Falkland upon his oath that he thought in his confidence he knewe
not of the undue proceedings, nor had any penny of gaine. What-
ever his meaning was, it seemeth he conceived my Lord Falklan
guilty, heerin therefore I cannot cleare him. Whether he did reade
the petition I knowe not, and though he did all this, yet it was by
way of mistake, not out of malice. Therefore I thinke the fine of
1000", and for dammages 1000", is enough to be sett upon, which I
doe accordingly sett, for it is not the greatnesse of damages will
repair my Lord's honor, but the clearing of his justice.

For Philip Bushell : These depositions being read, if they be true,
yet I would be tender of my Lord Sarsfield's reputation, if these
thinges be true, as in the depositions they are sett downe, that the
Jury was carryed into a private chamber and there evidence was
given them, and then goeing away to consider of it, then to be
threatned with a fine if they found it not, and the Judge himselfe
to set his hand to the indictment in that manner, indeed the Clarke
of the peace or of the Crowne sett their hands to showe they have
drawen it with care, but that the Judge should sett his hand at
all I never sawe it or heard of it before nor doe I thinke I shall
agkine : Then for the Grand Jury to fynde ignoramus, and then to
fyne 4 of them, and to discharge them and fill up the Jury with 4

STAB CHAMBER CASES.

otlu-rs, this is unlawful). If they had concealed he might have dis-
charged that .Jury and charged another to inquire of their con«
iiK-iit, this had been lawfull: and to threaten the Jury of life and
death, I shall remember a saying of the Lord Chancellor, my Lord
\lbun, in his advise to all Judges: Yon *hall meeU trit/i
iqnorant Jurytf, your duty u to open their fyes, you may not
Uade them by the note : againe to refuse to heare his servants, to
sweare them he might refuse because it was against the King.
Tin-re was m-ver a traytor or felon but a just Judge will and ought
heare what he can say or any for him : I doe not say, nor yet per-
ceive that these proceedings were lawfull, I leave the Judge therfore
to cleare himselfe heerafter, if he can: But thus much appearing for
the present I conceive Bushell a person grieved. Mr. Atturney
sayes, Well, he is poore, and yet must not presently speake evil of
the governor: But my Lord Deputy being thus accused by Bushell
for joyning with my Lord Sarsfield in these undue proceedings, hath
donnc well to complaine of it and to cleare himselfe heere: But
there were some suspitions that my Lord Deputy should direct my
Lord Sarsfield, first to send him into his owne Country, against the
Statute here, and of force there in Ireland too, and then upon a
letter written by the Deputyes servant about the imbezzelling of the
estate, and then sending an undue commission, — all these things
might breed some suspect : yet, though Bushell be poorc and
despicable, yet being wronged, it is fitt he should submitt himselfe
to my Lord Falkland, and I discharge him of all the rest.

SIR JOHN COOKE. — Heere is a great cause trenching upon
the honor of a noble gentleman, and upon the honor of the Kiny
and State. It hath fallen out to l>e heard disadvantugiously for
some, I do not say for the party plaintiff or defendant The
defendants have their fines diminished by some extrinsicall cause,
it being thought fitt to read matter of diminution. This I must
for the honor of this Court, that matters of scandal! have
never been brought heere but they have been thoroughly sifted,
but the Judge is not a party ; yet all that hath Ix-'-n sayd to-day

FALKLAND V. MOUNTNORRI8 AND OTHERS. 21

is to shewe him guilty, for that this is the misfortune of the man to
have his cause heard before he is prepared to speake for himselfe.
Justice is to proceede moderately, and if we have but an apprehen-
sion of condemning this man we shall doe him injustice, although
it fall out to be his just censure. For his answere if he can prove and
justify what he saith, he may stand upright ; but that he cannot be
quitted or condemned is his misfortune at this tyme. Let him there-
fore stand or fall, and he shall cleare himself when his owne cause
is heard.

My Lords, I will come to the defendants in order: That which
makes me sensible of this which I deliver to vour Lordshipps is that,
taking for a ground all that is said against the Judge is true, 1 shall
proceed against them all. The cause is either a charge upon them
about the undue tryall. or els for the imbezelling the goods con-
cerning the tryall. Sr Arthur Savage is charged for joyning with
Philip Bushell in laying the slander upon my Lord Falkland, as
that tin's undue tryall and conviction of olde Bushell were be * con-
federacy betweene my Lord Deputy and the Judge : Sr Arthur,
being a neighbour, might be bayle for him as a Justice of Peace,
but give me leave to differ a little in opinion from Mr Chancellor,
who sayd that it was noe fault in him. He was a Counsellor of
State, and it gave courage and countenance to the party, as the
Judge Anger1' observed: But to follow others in shortnesse, Sr
Arthur Savnge had 40 wethers, his souldiers and men kept the
goods, he had a bayliffe there, and refused to obey the Commission
when it came, and this participation of the goods I account cen-
surable in this Court. I come now to the slander, allowing the
substance of the petition to be true, and allowing that Sr Arthur,
being a Counsellor of State there, might appeale to the Counsell of
State heere for redresse in so foule a cause, joyning with Bushell to
doe it. yet that this scandall should be raised upon my Lord Deputy,
and after to be published by Sr Arthur, for I fynd proved he told
the Duke and Stockdale the Secretary that the petition was true, and
• 7. e. by. b Lord Anngicr, Master of the Kolli.

22 STAR CHAMBER CASES.

yet to deny that he sawe it, and this charged my Lord Falkland for
perverting justice out of hope of gaine, and yet ujK>n his oath to
clearc my Lord Falkland, in his answere to the Interrogatories, that
he thought in his conscience he had noe penny of gaine, nor knewe
of the unlawfull proceedings. I cannot avoyd this to be a great
fault in Sr Arthur, and a great offence, and therfore fit to be cen-
sured in this Court, and for the censure I doe concurre with
Mr Chancellor that went before me, 1000' to the King, and 30001
to my Lord Falkland, and the sentence to be carefully drawen up,
an<l to be read in Ireland, and Sr Arthur to make acknowledgment
heere at the barre in this Court, and at the Counsell table in Ireland.

For Mr Weldon, I thinke him not guilty of any thing of the
conspiracy of the scandall. I should willingly inclyne to deale
favourably in censure of him, but that other men that are officers
are not to be incouraged to such offences. For imbezilling and deny-
ing the goods when the commission came, I fyne him 1000' to the
King. For Sr Terence Odemsi, if he were in the bill, 1 should
fyne him.

My Lords, I come to Philip Bushell, who is the contriver and
publisher of this scandall, allowing his father was unjustly con-
demned, he hath the benelitt of nature to complain of it, but his
was not in hott bloud, it was a ycare and halfe after his father's
death, not when the goods were in hands. I blame him for taking
ill counsell to sell away his father's bloud for hope of composition.
He first petitioned the King, then intended to petition the parlia-
ment: this was diverted, and preferred to my Lord Duke; but when
he petitioned the King he did not nominate the party, the King
being allwayes in all these proceedings very carefall he would knowe
the party, but Bushell refused. My Lords, I tender the care a
sonne should have of the death of his father, but it appeareth he
hath been carelesse .of his father and mother their death. I
should, if all this had not extenuated, have appointed him some
corporall punishment, but I fyne him as Mr Chancellor hath donne
5001 to the King, and 5001 to the party, which I sett upon him the

FALKLAND V. MODNTNORUI8 AND OTHERS. 23

rather to presse him to goe on with his cause against the Judge and
Jury which, if it be true, was soe foule he hath hope to be restored
againe.

For my Lord Mount Norris I clearc him, only I wish peace and
agreement between the governors there. For the other defendants
there is nothing proved to make them guilty. But to end with
what I beganne, a little concerning the Judge; he is an eminent
man; you have heard the depositions wherein is a manifest discovery
of partiality ; it is fitt that the cause be brought forth to be heard,
and that if these things are true so foule a thing may be punished,
it may doe good to justice, and be a provision that hereafter it may
stand upright, and such clamour noe more to be heard of in that
kingdome.

Sr THOMAS JARMIN: I was present at the beginning of this
cause but was prevented by sicknesse upon other dayes, and there-
fore I forbeare to give any sentence in it.

Sr HENRY VANE : Here is a great cause, which 1 finde to be
great in respect of the nature of the cause, and in respect of the
persons whome it concerneth, my Lord Viscount Falkland, plaintiff,
Sr Arthur Savage, The Lord Mount Norris, Walter Weldon,
Philip Bushell, and Mottersell, defendants : For two of them
briefely I shall acquitt them, my Lord Mount Norris and Mottersell.
For the 4 others I shall crave pardon to be a little longer then
usuall. And first for that which was read by the defendants
Counsell for the gultinesse of the Judge in this fact, I first declare
that I doe neither acquit nor condcmne him, I say nothing of the
particulars, but if my Lord Sarsfield have misbehaved himself this
cannot touch upon my Lord Falkland, therfore I am to proceed
against the defendants as they are more or lesse faulty therein. And
I beginne with Sr Arthur Savage the greatest offender : I have been
very attentive and would have been glad to have taken hould of
any thing for his advantage and excuse, but it falleth thus upon him
the petition and the letter agree on the ground of the complaint to
be true, and that my Lord Deputy joyned unto my Lord Sarsfield

24 STAR CHAMBKIt CASES.

to put Bushcll to death, Sir Arthnr affirmed this to be true ; but I
fynd Sr Arthur guilty before the conviction, and after the con-
viction, before, in that he arose from the being in a rajje against
the Judge, though he were unjust, let him stand or fall in his owne
place: after the conviction, he diverted the petition to the Duke and
tould Stockdale that the petition was true and he would make it
good, and i^ tin- greater offendor because he hath nothing to excuse
him ; I shall therfore fine him 2OOO" to the King, and for the
damages of 3000" to my Lord Falkand. I shall nut diminish him, I
love extenuation well, vet, when a cause is judicially heard, we must
goe according to the course of the Court, and I shall joyne with any
that goeth higher. — For Weldon, I take him to be guilty of markeing
the sheej>e unduely, and for imbezzelling.the goods and for denying to
obey the commission which he should have obeyed, and therefore I
concurre with Mr Chancellor for his fine of 1000". For Bushell
his case is to be lamented, I confesse ; he may be wronged: yet if
my Lord Sarsfeild hath offended he should not have laid it upon my
Lord Deputy, a third person; therefore I concurre with his highest
fine, 500". For my Lord Mount Norris, I doe not cleare him from
culpa, though I shall not censure him in this case; but he is to be
admonished hcereafter not to whisper away the fame and credit of
Deputies and governors. He saith my Lord Deputy did not
governe well, and letters were written into England against him.
He tolde Stockdale he thought the petition was true-, he was very
inquisitive about it, and he seemeth he was no good friend of my
Lord Falkland's. I shall therfore goe thus farre forth, I would have
his sentence justly and carefully penned and read at the Counsell
table in Ireland, at the Assizes at Kildarc, and to be recorded in the
Castle Chamber for the Deputies honor and clearing of his
reputation.

Sr THOMAS EDMONDS: In this greate cause of scanuall thrown
iijMin a nobleman of royal authority in the Kingdome of Ireland, it
is for practising unjustly to take away the life and estate of a gentle
man in that Kingdome. It was necessary for my Lord Falkland to

FALKLAND V. MOUNTNORRIS AND OTHERS. 25

cleare himself in this Court by a thorough examination of the tiling
for as this had been a great fault in him, if he had been guilty, soe
seeing there is nothing fastened on him, it is needful that a remark-
able example be layd upon the raysers of such and soe great a
scandall. This place was conferred on my Lord Falkland after his
long and approved service to the King's Majesties father, and ever
knowen to be free from covetousnesse.

As for the defendants, I confesse there is cause to suspect the
proceedings in respect of the ignoramus and other considerable cir-
cumstances, yet, what was this to my Lord of Falkland? His reputa-
tion is cleared by the defendants themselves : For Sr Arthur Savage,
he is plainely guilty of raysing and publishing this scandall, I fine
him to the King and for dammages with the highest : For Weldon,
I fynd him not guilty of the practice for the slander, but for the
imbezelling die goods and concealing them, and refusing to obey
the commission; I therfore fyne him 1,000". And Bushell, I fynd
guilty of contriving and publishing the scandall, as sett forth in the
bill, for which I fyne him 500" to the King, but noe dammages,
because of his pressure, etc. My Lord Mount Norris and Mottersell
are to be quitted. Meredith is not proceeded against And the
sentence is to be carefully drawen up and carryed into Ireland, read
in the Castle Chamber and there recorded, and Sr Arthur and
Bushell to make recognition to my Lord Falkland heere at the
barre in this Court, etc. :

LORD NKWBURGII, Chancellor of the Dutchy : What I shall say
in this cause shall be the clearing of the plaintiffe and for sentencing
of the defendants. First, heere is a foule imputation layd upon the
complainant, as if he had for gaine per veiled justice to take away
the life of a man, but all is cleared, and ho stands innocent. For the
defendants censure I concurre with Sr Henry Vane in all points, and
soe leave it to your Lordshipps.

BISHOP OF WINCHESTER : For my Lord Mount Norris, I fynd
soe much fault with him that I should have sentenced him if

CAMD. SOC. E

26 8TAR CHAMBER CASES.

any had gonne before me in it Against the other defendants, the
charges are concerning the goods of Bushell and the scandall. For
the goods, I doe holde it fully proved that Sr Arthur and Mr Weldon
made advantage of this estate to the King's losse. For my Lord
Deputy es sending of the Commission out of the Chancery, it might
be because the rest of the Judges of the Exchequer were abroad,
and it was not Mr Weldon's parte to dispute, but obey it. I therfore
concurre with those that have sett 1000U fyne ujK>n him. Fpr the
conspiracy and scandall, I must say it had been a great offence in
my Lord Falkland if he were guilty of it, and noe punishment had
been great enough for him ; I thinke the poyson of the creatures in
Ireland is all in the men, and therefore none in the creatures besides.
My master that is with God, King James, knew this man to be a
man fearing God, a man of good courage and hateing covetousnesse,
as Jethro counselled Moses to choose his judges, or els he would
not have sent him into that Kingdome I doe not arraigne the
Judge, nor make it the worke of this day ; I feare it will prove a
president of great danger to all Judges for a cause after 7 or 8
yeares upon a backe reckoninge to be thus scanned, but yet God
forbidd, if a Judge shall behave himselfe corruptly but he should be
punished for it The scandall is great that my Lord Deputy should
joyne with the Judge to make advantage of the man's goods, and yet
this the defendants cleare my Lord of in their own consciences. For
Sr Arthur Savage, if I should judge ex corucieittia, I should thinke
Bushell never penned this petition alone, but I rather thinke Sr
Arthur and my Lord Mount Norris had a hand in framing this, they
gave forth words that they would never come into Ireland while my
Lord Falkland was there, and that he was come over into England to
answere ; and Sr Arthur dictated the letter, and therfore for him I
doe ihinke fitt and doe fine him to the King and assesse him to pay
dam mages to the party as the highest censure goeth. And for
Bushell, I doe concurre with my Lord Cheife Justice Richardson for
his fine and corporal punishment. And that Sr Arthur and Bushell

FALKLAND V. MOUNTNORRI8 AND OTHERS. 27

make their submission and acknowledgement in verbis conceptis to
my Lord Falkland in this Court, and the sentence to be well and
carefully drawen up for the honor of my Lord Falkland.

LORD WENTWORTII, Lord President of the Northe: Heere are
some things extrajudicially to be noted, of all which difference and
faction betweene Governors is the mcdius terminus. I fynd the
Kings duety lost in gathering ; I fynde a Lord Deputy slandered ;
I fynd an innocent olde man brought with sorrowe to his grave.
These are grevious things, and how other things should be expected
where there is nothing but passion and anger among Counsellors of
State I knowe not, and if this be not removed, that people cannot
be well governed. My Lords, I think it was fitt these should be
read for the clearing of the innocent, and that the whole cause
should be heard hereafter. Yet I would not be mistaken as if this
were anything to my Lord Falkland, and yet I doe not condemne
the Judge ; he is not charged before us, and I blame the Jury lesse,
for they heard not this cloude of witnesses, etc. : but to cleare bloud
that is inexpiable, I think this should be heard, and that Mr
Atturney be ordered by the Court to take care of the cause that it
be brought forward \ it concerneth his master. For my Lord
Deputy to send another Judge then ordinary was point of jurisdic-
tion, and the Chancellor was much more to blame then my Lord
Deputy to contest about it. For my Lord Mount Norris I must
blame him, but cannot sentence him. But for him that swore he
would follow the olde hounde Bushell to hell gates, let Mr Attorney
take care that he be brought to the gate of justice. For Bushell he
is the contriver of this scandall, he is a sonne robbed of his Father;
somewhat must be given to nature, and there was a ground of
complaint, though not against my Lord Falkland. I agree there-
fore for his fine and acknowledgment with Mr Chancellor of the
Exchequer, and that he make this recognition heere at this barre
and at the Assizes at Kildare.

For Sr Arthur Savage, I fynd him guilty of raising, following,
and publishing this scandall, guilty out of his owne mouth. He

28 STAR CHAMBER CASES.

sayd the petition was true which charged my Lord Falkland of
injustice for lucre sake, and yet in his conscience he is not to be
charged with any such thing, had noe penny proffit, nor knewe of
the undue proceedings. He contrived the letter for a composition,
\\ hich was a foule practice against my Lord Falkland, to wounde
him in his honor; he dictated the letter to Stockdnle, the Duke'*
Secretary. I concurre with these that have imposed the highest
judgement upon him of my Lords that have spoken, and the rest,
but I adde that he make his acknowledgement heere in this Court,
and at the Counsell table in Ireland.

For Weldon being a Sheriffe and a sworne officer and servant to
his Majestic, and yet to make away 1500" from the King, soe as he
hath donne, I thinke him worthy to be fyned, for by hid owne con-
fession the estate was at first 2,000" at least, but when he seiseth it
the highest value is 5001', therefore I sentence him, as Mr Chan-
cellor of the Exchequer, to pay l,000li fine to the King.

My Lord Mount Norris I quitt; every word must not rise in
judgement against a man. Mottersell I quitt.

And withall I quitt my Lord Falkland that he is cleare and
unspotted, and therfore let the order be carefully entred, and then
a copie carried over into Ireland, and there in the Castle chamber
to be read and recorded. And soe I goe with Mr Chancellor of the
Exchequer against them all.

LORD VISCOUNT DORCHESTER: My Lords, tyme being spent
I will contract myselfe: This cause is for a complaint, nay a
scandall against a President, the King's chiefe deputy of Ireland,
who is plaintiff against two Counsellors of that kingdome, and
Philip Bushell and others for raising this slander and against
Walter Weldon for imbezelling the goods of olde Bushell, in which
some other of the defendants likewise had their hands. Other
matters heere appeare by an anncient Knight for prosecuting this
olde Bushell in an undue manner. My Lord Falkland and Sr
Arthur Savage I have knowen them ever since I entered into the
knowledge of any thing. For my Lord Falkland, he hath ever

FALKLAND Y. MOUNTNORRI8 AND OTHERS. 29

borne himselfe both in Cainpe, in Court, and in Government soe
fairly, soe franckly, and soe liberally that he was ever free from
what he is accused of: Sr Arthur Savage, a noble souldier, I
have knowen his enemies to inquire what is become of Sr Arthur
Savage. I had rather have seen him as heretofore in the head of
English troopes nobly demeaning himselfe then heere to sentence
him. But for him to have his hand in the imbezelling of an estate,
for him thus to betray his owne honor and blemish, his valour and
repute, by contriving this slander against my Lord Deputy under
hand, and being a Minister of State and heertofore a good Coun-
sellor to be the leader of factions, this doeth not become him, for him
to attest the petition, and to subscribe to it by drawing and dictating
that letter it makes him deepely guilty. What an high crime was
this for my Lord Falkland by an act of justice and by a corrupted
course therof to take away a man's life; to kill with the sword, to
poyson is not soe foule a murther. There is a law which I have
read of, that the false accuser should have inflicted on him the same
punishment which, if the accusation had been true, had been due to
the accused. To beginne therfor with Sr Arthur Savage, his hand
is deepe in both the crymes charged in the bill, and therefore I
cannot but concurre with the highest sentence upon him.

For Weldon it appeareth plainely, that he imbezelled the goods
and denyed to obey the Commission, and therefore I agree in like
manner with setting the fine of 1 ,000" upon him.

I quitt Mottersell.

And for Bushell, in respect of what hath been spoaken I cannot
but pitty him, although he is greaily faulty in his virulent termes
and charging the same upon my Lord Falkland ; and therfore I fine
him 500" to the King. And as for the cause against the Judge, I
am sorry there is soe much said and read of it, he being not before
us in a judiciall way, therfore I put this man Philip Bushell in the
King's mercy 500" as I have said, and for my Lord Falkland that
he make his acknowledgement unto him of wrong donne him, in
verbis conceptis, in this Court.

30 8TAR CHAMBER CASES.

For my Lord Mount Norris, I fynd matter enough to sentence
him for his words to Stockdale and others, that he would not goe
into Ireland till my Lord Falkland were removed, but because it is
now too late I doe not sentence him. For the faction it is lamentable
and it were to be wished it were as soone holpen as the fault found.
My Lord Falkland is cleare and hath the reporte to have been the
justest of all that ever came there, and for the King's good he hath
suffered. And in respect of his Majestic he is fully satisfy od of all
these, and hath made him Commissioner for Irish affaires : To con-
clude I desire and soe order that the decree be carefully entred, to
sett upright my Lord Falkland's reputation, and that it be sent into
Ireland and there read and recorded in the Castle Chamber.

EAKLE OP DANBY: My Lords, heere is much tyme allready
spent, 1 shall be shorte : My Lord Mount Norris I acquitt, being
not subject to the sentence of the Court : And Mottersell, I doubt
him to be a practiser of the slander against my Lord, if he had been
a common scrivener I should have passed him by, but I love not to
be singulare. Weldon, I am for the fine of l,000!i upon him, and
yet I thinke we shall in it censure the whole Govemement in
Ireland for letting this man come hither unpunished, at least we
censure the Exchequer. For Bushell, I pitty him, but because of
his offence against my Lord Falkland, the dishonor redounding to
his Majestie soe unjustly, I fyne him 500", and order him to make
satisfaction in all kin-lea by publique acknowledgement of his fault
to my Lord Falkland heere in this Court : For Sr Arthur Savage I
concurre in my sentence against him with Mr Chancellor of the
Exchequer, other things have been moved, to sett upright the repu-
tation of my Lord Falkland by the sentence, and to have it read and
recorded in Ireland in the Court of Starre Chamber there, and to
mynde Mr. Attorney of taking care to bring that other cause against
the Judge to hearing: all which I think fitt and doe order.

EAKLE OF DORSETT : It is well donne to have an eye to the
absent Judge. I see not but he may well stand upright, when he
hath justified his answere, as I doubt not but he will : My Lord

FALKLAND V. MOUNTNORRI8 AND OTHERS. 31

Mount Norris is a defendant, but not a delinquent. I could wish
there were better agreement betweene Ministers of State, in the
mean while how is that Kingdome governed, how is our great
Master served ? Factions in superiors breed dangers.

For Sr Arthur Savage, he is the primum mobile, the ignis fatnus
that misleades all the rest. I would to God I could lieere speake of
his praises and not censure his person, he hath been in tymes of
trouble a souldier and in peace a Counsellor ; now, if he breake the
rules of both, the greater is his fault. To strike behind, to worke
under ground like a mole, to flinge a stone behinde one's back that
none may know who hurt him, to cut a man's throat with a whisper,
this is not the parte of a souldier. For him to come by the Duke's
letter in this manner, by way of friendship, both to abuse my Lord
Duke, to pretend favour and love to my Lord Falkland, and yet
intend to doe him hurt, this is knavery. This advice was given my
Lord Duke in the tyme when the house of Commons sate where the
Duke was not favoured. My Lord Duke tould me of it, he was
assured my Lord Falkland would not soe basely complye, and that
he intended to try him onely. Now, as he is a Counsellor, must
Sr Arthur Savage contest with a superior to countenance offenders
to detract from Government? For the Vulgar to doe this were a
light thing, but for these Governors to doe soe, perverting all order,
and it concerneth the justice and wisdome of the state to keepe men's
affections in due place. I come to the censure of Sr Arthur Savage :
I thinke him the contriver of this scandall, as infamous a scandall as
ever was; on my conscience he was the very inventer, to shed bloud,
and that with the sword of justice, and to take Naboth's Vineyard
from him. The Italian lawe is a good lawe, but to lett that goe, I
doe concurre with the highest censure against him.

For Weldon, his name is well don but he hath ill donne ; he hath
imbezzelled the goods belonging to the King's Majestic, I thinke fitt
he should pay therfore 1,000" to the King. I believe he did slander
my Lord Falkland too, but there is but one witnesse for it, and ther-
fore for that I cannot censure hiir

32 STAR CHAMBER CASES.

Mottorscll, I quitt him because nothing is proved against him, not
because he wrote the petition to quitt an olde debt.

For Bushell, because of the lawe of nature, I fynd noe fault with
him for presenting his petition, but for not proving it ; yet I shall
not fyne him. For that which was said heere of the Judges cause
and the Jury was coram non judice. For my Lord Falkland he is
cleare, and standeth upright, magna est veritas'et pravaUbU. Let
the sentence be drawen up carefully to cleare him, and be read and
recorded as hath been moved.

EARLE OF PEMBROKE AND MONTGOMERY : I sentence Sr Arthur
Savage with the highest, and Weldon with the highest, and for
Bushell I agree with my Lord of Dorsett not to fine him anything;
the rest I quitt.

EARLE OF ARUNDELL: For the plaintiffe heere my Lord Falk-
land I say this ; I have knowen him long, and have loved him
longe. He ever loved justice, and he hath brought these defendants
to an honourable tryall. For Sr Arthur Savage I thinke him now,
whatever his defects are, that he is as malicious an enimy as my
Lord Falkland hath any, and I sentence him to pay 2,000" to the
King and 3,000" to my Lord Falkland. For my Lord Mount
Norris I cannot fyne him nor commend him. For Weldon I thinke
be deserveth the fyne of 1,000" sett on him, though I thinke him to
be guilty of the slander too. For Bushell, an unfortunate sonne of
an unhappy father, being provoked, he did well to complaine, but
not upon my Lord of Falkland ; I discharge him of the pillory, but
not of his fyne of 500". For the governeraent of that Kingdome it
were to be desired good Governors, and such as would be peaceable
were sent. And I thinke the chiefe and best able man heere would
doe well to be sent thither, for they are all on fire. I would have
the sentence of this Court well |>enned, and sent into Ireland to be
recorded. And for the Judge I do not condemnc him, because I
desire that this cause be brought to open and faire tryall, and that
my Lord Keeper would take notice to move it to the King.

LORD PRIVY SEALE: Heere are 6 defendants in this cause.

FALKLAND V. MOUNTNORRIS AND OTHERS. 33

Two of them I shall acquitt, yet one of them I shall admonish, the
Lord Mount Norris. I see in him the faction and action of malice;
he was very inquisitive ; satis est that he goe unpunished : For the
other Sr Arthur, Welden, and Bushell I shall censure them all. But
first I say, for that which hath been read heere of the other cause
against the Judge as farre as concerned the point in question, it is
to be noted, Bushell could not have made any defence at all if it
had not been read, nor could my Lord Falkland's honor have been
cleered. For my Lord Sarsfield he endeavoured to demurre and
stoppe the proceedings heere that way, but Judges have noe such
privilege, if a Judge shall behave himself partially he is punishable
heere. For Welden, he returneth his owne brother foreman of the
Jury. He is putt out. He seized the estate the same day the con-
viction was. He left out some goods out of the inventory, suffered
others to be carried away. My Lord Deputy was advised to send
a Commission. He did soe. Mr. Weldon disobeyeth it. The
second tyme he showed his dislike and offered the Commissioner
1001' to sitt still, and therfore I censure him as high as any before
me have donne. For Bushell, I will not blame a sonne for com-
playning of the unjust death of his father; but he would, as hath
been observed, have sould his father's bloud for bread. Could he
have gotten anything he would have compounded. Then, after he
could have noe parte of the goods, then he came to the King, but
would not lett the party be named. I concurre therfore for his fine
of 500". He was a coachman, and a good driver, but not the con-
triver of this petition As, when the waman of Tekoa came with
a tale of bloud to King David: Oh, saith David (a discerninge
man), is not the hand of Joab with thee in this ? Certainly Sr Arthur
Savage is the contriver of this without doubt. I come therfore to
this Joab, the driver on of the scandall, Sr Arthur Savage. And I
note out of the proofes 5 things against him. 1. He said to the
Duke and Stockdale all the petition were true. 2. He tolde Stock-
dale that the plaintiff countenanced the cause against Bushel!. 3. He
said my Lord Falkland sent my Lord Sarsfeild on purpose to execute
Bushell. 4. That he had tould the Duke great and foule matters of

CAMD. SOC. F

34 STAR CHAMBER CASES.

this cause. 5thly. For contriving the letter, which is the foulest
practise to intrappe him. The fact is soe foule that I marvaile we
went noe further. For his fine I concurre with the highest, and for
dammages, 3,000h, and to make confession of wrong donne to my
Lord Falkland at the barre in this Court. And this sentence to be
well drawen, and the transcript to be sent into Ireland, and there to
be recorded for my Lord's honor.

LORD KEEPER: This cause hath had a patient and honorable
hearing, and hath received an honorable sentence by the vote of the
Court, and 1 am sorry, seeinge tyme is soe farre spent, that I should
spend any tyme in it. The Country of Ireland is full of boggs on
the ground and mists in the aire, and if these great mischeifes had
not been mett withall in tyme there might have been some great
blemish given to the State of this Kingdome also. If my Lord had
been faulty faction would have found it, for that now my Lord
Falkland is by the justice of this honorable Court cleered, and like
gould for tryall is the brighter. He hath put himselfe upon trvall,
and was not called to it, and now it appeareth my Lord is cleare in
every circumstance, and therfore the sentence is to be drawen up to
cleare him, to be read heere and in Ireland, and to be inrolled in the
castle chamber.

To proceed now to the worke of the day and to shewe your Lord-
shipps whom I shall fyne and whome I shall not fyne. One I cleare
because he is not proceeded against: Mottersell is cleared by the
vote of the Court and I cleare him too; My Lord Mount Norris 1
doe not censure him ; but, in respect of the opinion of my Lords, I
thinke this deserves an admonition to my Lord Mount Norris, but
being that he is not charged but onely by interrogatories and depo-
sitions wyder then the bill, which is not the course of the Court to
sentence in such a case.

For Mr Weldon he hath two charges upon mm, but there is onely
one witnesse for the publishing of the scandall, and therefore he it
not to be touched for that scandall against my Lord Falkland
in some cases one witnesse shall be enough to convince as if a
Sheriffe be indicted for extortion, and there are divers extortions

FALKLAND V. MOUNTNORRIS AND OTHERS. 35

proved, and every one is proved by one severall witnesse and
noe more, in this case it is enough and soe for other offences of
the same nature: But, whether he be guilty for censure in the
other part<! of this bill for th« embezelbng of the goods, I shall
make bould to shewe my opinion, that I shall not fine him and I
will shew you my reasons. It was said he was worth 3 or 4,000".
When he was first accused, he might be soe reported, but he
was a meane man, and went out of Devonshire over into Ireland ;
it was not in hangings nor in Jewells, his flocke upon his ground
must be noe more then could be kept upon his land, that was when
it was seised but 500" worth, and that Sr Terence Odemsi had it is
proved, some things were carried away before the seisure; all that is
proved is that the Sheriffe did not make deliverance of 400 sheepe,
but marked them in his own marke, and 200 lamb's fleeces ; he was
at a great deale of charges, and these were not of soe greate value as
to charge him in this Court. I hould it a dangerous president to
doe soe, he might have or hath passed his censure and account in
Ireland, for my parte therefore I cleare him too ; and, for that other
thing, if he lawfully seised the goods he might make sale of them,
and heerein was noe disobedience, because there was no expresse
command for his forbearance in that case.

To come to Sr Arthur Savage and Philip Bushell : I must speake
something of the justice or injustice shewen in this matter by my
Lord Sarsfield. I will not condemne him nor acquitt him, because he
is not before me in a judicial course. If we had not read this we
should have done injustice, and I am of opinion with my Lord Privy
Seale that my Lord Falkland had not been so cleared as now he is
if it had not been opened, for men would have been ready to thinke
there had been something else in these depositions; now all hath
been considered, and nothing appeares to touch him. And it
seemeth to me not soe hard a case that a Judge should answere his
evil doings ; if a Jury acquitt a man contrary to their evidence it is
punishable heere. The tryal of life is peremptory as betweene the
King and the party touching his life, but for collateral! causes it is

36 STAR CHAMBKK CASES.

not fynall. Sr James Throgmorton' was a Judge, and was f\ nul
heere for a lesse offence then this scenic th to be. You will say if a
just Judge shall be called to answere, why there is noe cause if he
be just, but if ail innocent shall be condemned, and nothing allowed
him that is equal, it is fitt it should be reviewed.

For a grand Jury to receive publique evidence I have heard of,
but not to be drawen into a chamber in private. For my parte I
knowe it is against the common course of the land ; it is not law full
to doe an ordinary thing in civill justice in a private chamber, but
shall men's lives be overtumed in private? A Judge is not to
receive for life and death a privy verdict. Now, further, for a
Judge to put his hand to and subscribe it, You of this grand Jury
are to fynd this bill; and this testityed by the clarke of the crowne,
noe ignorant witnesse: to refuse to heare the neighbors and servants;
is it not enough that a man shall not be allowed witnesses, upon
oath nor Counsell, and now to deny him lawful! favour; whosoever
did soe I mislike the cause : whomsoever1* I doe not condemne : and
then for a Judge to send a message to a Jury when one stood out
against the rest " Make much of him to night and I will make much
of him to morrow," and to tell you a story of an other Jury where
the rest of the Jurors pinched and beate the Juror that would not
agree till he was forced to yeeld, as who should say, " Beate him
Jurors ! " Justice must be doune, yet Judges must not be prodigall
of men's bloud nor let it runne in waste, but as for Philip Bushel!,
toe this is to diminish his sentence, for his petition to the King he
cannot be sentenced, but for the petition to the Duke and therein
chargeing my Lord Falkland he is sentenced 500" to the King : and
if it had not been that this man hath suffered as he hath I should
have sentenced him deepely : for the Duke's letter I cannot charge
him with it or the openinge of it which he confesseth yet is not

• Mr. Macray has directed my attention to Jlaiflimnm'i JUS. B. 131, which con-
tains the defence of Sir John Throgmorton, "Justice of the Council of tbc Marches
of Wales and Vice- President of the same."

* ? bowsoerer. • Sic.

FALKLAND V. MOUNTNORRIS AND OTHERS.

37

charged withall. This cause moveing every man to conmiisseration
and pitty, I goe noe higher els I should have censured him
deepely. For Sr Aithur Savage, to charge him as an author or
adviser of this petition, I cannot charge it upon him, for it doeth not
appeare. Sr Arthur Savage was in Ireland when the petition was
delivered first to the King. I cannot thinke he opened the letter or
was privy to the opening of it, though he dictated the letter, but all
that I sentence him for is this : he meeteth Bushell goeing to West-
minster, he advised him to alter it and present it to the Duke, he
toulde the Duke it was true and Stockdale, he advised the Duke to
send a letter to drawe my Lord Falkland to compounde, both the
petition and the letter mention my Lord Falkland to be guilty, and
yet in his answere to interrogatories he denyeth that he sawe or read
the petition, and thinketh in his conscience my Lord Falkland is
cleare, thus contradicting himselfe, and indeed condemninge. I thinke
him therfore worthy to be sentenced, yet, because the frame of this
Court is to beginne with a Chancellor and end with a Chancellor, if
there be any moderation I shall agree with these that will lessen his
fine, but for the dammage to my Lord Falkland I would have it to
be 3,000". Yet I would not have Bushell to pay any dammage nor
fyne, for it will come to nothing, being poore; and, if he were not,
I consider he hath lost his father, lost his bloud, in consideration
therefore of his unparallelled dammage I should spare him.

Coratn

[In Camera Stellata Trinitatis, 7° Carol! Regis.

Thoma, D[omi]no Coventry, D[omijno Custode M[agni] S[igilli].
Henrico, Comite Manchester, D[omi]no Custode P[rivati] S[igilli].
Joh[ann]e Com[ite] Bridgewater.
Will[elm]o Ep[iscop]o London [iensi].
Ric[ard]o, Ep[iscop]o Wintoniense.
Nich[ola]o Hide, M[ilite], D[omi]no Capit[ali] Just[iciario]

Banci R[egi]s.

Thoma Richardson Mil[ite] D[omin]o Capit[ali] Just[iciario] de
Banco.

D[omi]ni
Regis
Consilio
ib[ide]m.

38 STAR CHAMBER CASES.

Betwcenc John Smith .... Plaintiff, and
Benjamin Crokew and Thomas Wright - Defendants.

The Bill. The plaintiff's Bill showed that there had been a long suit in the

Chancery bctwcne the plaintiff Smith and the defendant Crokew
about lands belonging to the Free Schoole of [Wootton Under-
edge] in Gloucestershire, and this suit was directed to be there
sued by the Judges of the Common Lawe, and this was heard
so far: the possession was decreed to the schoole, and all other
estates to be cancelled, and the schooles estate to be surrendered to
the King with purpose to graunt the same backe againe to the
schoole. It was ordered further that whereas Smith had been long
in possession of the Mannor or Lordship of Wallens Court, being
his own fee simple, and his lands lying intermixed with the schoole
lands he should have a lease for * yeares of the said lands in

question. The King made a new graunt by his letters patents
and founded the schoole, and the lease is made to Mr. Smith
accordingly. That divers good ordinances were made for the order-
ing of the schoole, 40 markes per annum raised for the muster, and
4U a yeere for 4 poore schollers goeing to the University, that
Mr. Smith hath improved it to the payment of 4U more to a poore
echoller, That the defendant Croker had to the scandall of the
Court of Chancery, of the late Lord Chancellor, of the Lord
Keeper, and the King's Counsell, printed and divulged a scandalous
booke to the number of 400 copies, divulged them in Somersetshire
and Glocestershire and London, and Wright the defendant being a
booke seller in Bristoll sould many of the bookes, and complayned
particularly that the said booke conteyned a scandalous frontis-
piece and 12 principall sclandcrs and scandalous passages in the
booke nameing the severall pages, and that it was also to the scan-
dall of the plaintiff Smith, the bill prayed the calling in of this

• BUnk in MS. See Boms' Tkr Starchambrr, 120. b Blank ii

SMITH V. CROKEW AND WRIGHT. 39

scandalous libell to be burnt and for repaire of the plaintiff's
reputation.

The defendants made noe defence by Counsel!, but after an affi- Answeres.
davit read for serving of the subpena ad audiendum indicium, the
defendants answeres were read. Crokew answered that there had
been many unjust suits between the plaintiff and him wherein the
plaintiff had wronged him , that he caused a breife relation of all to
be printed to inform the Court of Parliament and kept his booke
being printed from publishing till the parliament was sitting and
then gave some of them to his friends ; he intended not to lay scan-
dall upon any, but to lay the t'ault upon the plaintiff oncly, and he
hath not put to sale any of the bookes and soe Not guilty, etc.

Thomas Wright answered, That Crokew tould this defendant he
had printed such bookes and would desire him to sell some of them
for him, and after 30 bookes were sent by the carrier to him that
he sould them not thinking they were scandalous, and he thought
they were not when he read the booke, and soe Not guilty.

The plaintiff's Counsell shewed the scandalls of the booke, and Proofes
the frontispiece : A true relation of the strange passages in causes
between Smith and Crokew, especially in a cause about the Statute
of 43 of Eliz. of char itnble use?, wherein Smith hath abused his
Majestic that late was, my Lord Bishop of Canterbury, my Lord
Chancellor, my Lord Keeper in getting the possession of the said
schule Lands, for which Crokew hath a bill now depending in the
Parliament, intending thereof to discover Smithes practises, etc.
and sett forth the other scandalls therein, etc. And read the ex-
aminations of the defendants upon their answeres, wherein the
defendant Crokew confessed he caused it to be penned and it was
donne by a servant cf the now master of the Court of Wards and
agreed with one for 9U to print them, etc.

The Court in their sentence condemned this booke for a libellous Sentence,
and scandalous booke and declared that to print or write breifes of a
cause before the hearing and to divulge and publish them is to be
accounted scandalous and libellous, because it tendeth to make a

40

STAR CI1AMIIKK CARES.

privat information of the cause: the Court therefore ordered that
this bookc, as many of them as could be gotten, should be brought
to the publique Assizes at Gloucester and there burnt, Crokew to
pay 500" fyne to the King and Wright 100U for selling some of the
bookes (for if libel Is are printed it is not warrant enough to any
bookseller to put them to sale) : and both to be imprisoned accord-
ing to the course of the Court and the sentence to be drawen up to
cleare Smith in his reputation.

( TIllll

[In Camera Stellata, 17 Junii. Trinitatis 7C Carol! Regis.]

Henrico Comite Mancester dno C[ustode] P[rivati] S[igilli].

Thoma Vicecomite Went worth.

Will[clm]o Ep^iscopjo London[iensi].

Rico Epo Winton[iensiJ.

Nicho[lao] Hide, Mil[ite], Capit[ali] Just[iciario] de Banco

Regis.
Thoma Richardson, Milite D[omijno Capit[alij Justic[iario] de

B[anco].
. Humfrido Davenport, Mil[ite], Capital! Baron S[ca]cc[arii].

Dni I;

Coneilio

ibid.

Between Richard Waterhouse - P)[am]t[iff] and

Sf Arthur Ingram defendant] ad
requisitionem ..... Defend[entis] .

Bill

The plaintiff's Counsell opened the Bill consisting of three
several charges, 1. for forgcing of a deed of osiigncment of an old
lease madeby the Prior and Convent of Lewes of ccrtainc lands at
Uallifax in Yorkshire, and that the said aesignement was made to
bear date 12° Jacobi, that this was not published till the 20th of

WATERHOU8E V. INGRAM. 41

King James. 2. The second charge was for procuring a Release
of the said lands in question from Robert Waterhouse a middle
brother betweene Sr Edward Waterhouse and the plaintiff, while
the said Robert was non compos mentis. 3. The third charge was
for indorseing the plaintiff's name as a witncsse to a deed of In-
denture about 6 Jacobi wheras the plaintiff was noe witnesse to the
same deed. It was confessed by the plaintiff's Counsell that two of
these charges were mistaken, and that the originall conveyance was
made to the defendant but the release from Robert was made to
Sr Edward Waterhouse the elder brother of whome Sr Arthur
Ingram purchased the lands in question, and soe for setting the
plaintiff's name it was mistaken; but for the third charge they
shewed that divers tryalls at the law there had been and verdicts
and judgements for the plaintiff William Waterhouse; and that
afterwards in the Court of Chancery at an hearing there the de-
fendant produced the said assignment by one Miller bearing date
12° Jacobi, whereas there was noe such deed, and this they proved
by witnesses that a deed of 12° Jacobi was produced in evidence
to the Court of Chancery, wherupon it was decreed there for the
defendant.

The defendant justified his purchase, and denyed the forgery Answers,
and the other crymes, and justified an assignement by one Miller
dated 1612, Anno 10 Jacobi Regis, and produced the same to this
Court, and proved by his sollicitor and others that this was the deed
he then produced, and shewed in evidence to the Chancery. The
defendant's counsell shewed it was a most foule and scandalous bill
against a gentleman of great worth and service to the King, secre-
tary of the counsell established in the north partes; and that often
tymes motions were made in this suit when the court was full against
Sr Arthur Ingram for forgery, and it hath been loudly talked of
in Yorkshire; and soe they pray the court to consider Sr Arthur's
creditt and the King's service and for dammages. and offered to
shewe presidents in such cases where dammages were given and
men sett upon the pillory.

CAMD. SOC. O

42

STAR CHAMBER CASES.

The sentence. The sentence of the court was that Sr Arthur Ingram was cleare
of the forgery and other crymea, that the bill should be taken off
the fylc, that the plaintiff should pay a fyne of 1001. to the King,
pro falso clamore, and 500/. dammagcs to Sr Arthur Ingram, and
the plaintiff to make confession of his fault at the assizes at Yorke
standing upon a stoole, and at the blockc at Hallifux.

[In the Starre Chamber, 22 Junij, Trinit[atis], 7 Caroli regia].

Betweene Keld •
Fairside •

- Pl[ain]t[iff] and

- Defend [an]t and

others.

Bin. The plaintiff brought his bill charging the defendants of perjury,

subornation of perjury, and confederacy to indict the plaintiff of
high treason at Yorke for saying these words 18 Ja:* as it was
supposed by the indictment draught, viz. that the plaintiff should
say, yf it were the King's pleasure that these exactions be made, then
we must needes thinke he is a very beaaerty Prince or a proleing*
that the grand jury found an ignoramus.

Annwere. The defendant was a constable and demanded benevolence of the

plaintiff for the King, and the defendant answered upon his oath
that the plaintiff did speake these words unto him upon his second
comming to him from Sr Thomas Hobby for a larger contribution,6
and confessed he did give evidence to the grand jury to this pur-
pose, yet the jury would not fynd the bill.

Sentence. The court was opinioned the words were spoken, though the

jury in favour of life would not take notice of it by a single wit-

• 1621-2. * Sie. ? prowling.

• To the benerolence for the Palatinate.

ARCHER'S CASE.

43

nesse, and therefore if this man should be punished for this it
would be a dangerous president, for that every single witnesse must
runne upon this rocke, either to be perjured or punished. The
plaintiff's bill was therefore dismissed, and he was fyned 20U pro
falso clamor e.

Coram

her.

[In Camera Stcllat Michaelmas, 7° Caroli.]

Thoma, Dno Coventry, D[omi]no Custode M[agni S[igilli]

Anglic.

Henrico, Comite Manchester, D[omi]no Cfustode] P[rivati] S[igilli].
Ed[wa]r[d]o, Comite Dorset.
Henrico, Comite Danby.
Will[elm]o, Episcopo London [iensi] .

Thoma Richardson, Milite Capital [ij Justic[iario] de Banco.
Franc[isco] Hervy Milite vn[o] alio Justic[iario] de Banco.

One Archer of Southchurch in Essex was brought ore tenus,
being then charged by Mr Atturney General! for keeping in his
come and consequently for inhancing the price of come the last
yeare,a which offence Mr Atturney affirmed to be of high nature
and evill consequence, to the undoeing of the poore and malum
in se, and then desired his examination taken before the Lord
Keeper might be read. His examination purported that he had
seen at the tyme of his examining a presentment that was made
against him by the Grand Jury at the last Assizes in Essex before
Justice Virnon for the said offence of keeping in his corne and

• The harvest of 1630 had failed. For the measures taken in consequence, see
the Proclamations of June 13 and Sept. 28. Itymer, xix. 175, 195, and several
entries in the Council Register.

D[omi]ni Re-
gis Consilio
ib[ide]m.

44 STAR CHAMBER CASES.

inhanncing; and for that he had made a bargainc to sell the poorc
of the townc where hee dwelled rye for 7* a bushell, and afterwards
refused to pcrforme his bargainc unlesse he might have nyne
shillings a bushell: he denyed this bargaine, but for his excuse
said, he sould to the townes about him for the poore, whcatc at 7'
and 8* a bushell, and at the latter end of the yearc for 5s, and rye
for 7§ and 6% etc., and some for 3* and 6d the bushell, He con-
feoed he kept in his come till June, and that he had 8 quarters
of wheat, 60 quarters of rye, and 100 quarters of oates, and that
his family were himself and his wife and daughters, two mayds,
and a man; he confessed that he sould none or very little of his
come in Rochford hundred where he dwelt, though he were com-
manded soe to doe by the Earle of Warwick ; yet for his defence
he further alleadgcd that his barne was not visited by any justices
or officers according to his Majesties late proclamation and orders
for that purpose, and that he had noe notice of the said proclama-
tion and orders; lastly, he confessed he sould most of his corne at
London and Chelmesford, and that he bought his seed corne out
of markctt, etc. His examination aforesaid was shewed to him and
he confessed it to be true, and acknowledged his hand thereunto
subscribed before it was read in court ; and, it being read, the Lord
Keep[er] demanded of Archer what he could there say for hitn-
selfe, and what answere he would make to this accusation. The
said Archer sayeth that he could make noe other answere than he
had made in his examination, and submitted himsclfe to the mercy
of the Court.

Mr ATTURNEY desired that their Lordshipps would proceed to
sentence the said Archer according to his desert, and withall
prayed that a precident of a sentence given in the Star Chamber in
the 29 and 30 of Queene Eliz. against one Framingham of Norfolk
in the like case might be read before thcr Lordshipps gave their
sentence in this cause, and it was read. The said Framingham was
accused upon his owne confession in this Court ore tenus for
destroying of husbandry in making cottages of his tenants' houses,

ARCHER'S CASE. 45

taking away the land and letting it lye to pasture in his owne
hands, and letting the cottages at dcarc rates, and forst ailing
the marketts, and inhancing the prices of corne, whereupon he was
fyned 500J. to the Queene, and ordered to pay 40£. to the poore,
and to stand upon a stoole in Cheapside with a paper on his head
declaring his offence, and to lay his land again to the cotages, and
to lett them at reasonable rates.

JUSTICE HARVY delivered his opinion, that whereas it hath
pleased God to send a plentifull yeare, and yet the price of corne
continued very high, himselfe and the rest of the Justices of the
Peace that were in the last Quarter Sessions in Hertfordshire assem-
bled did advise among themselves how they might deale with the
country to bring downe the price, but they were afrayd to meddle
with any thing upon experience of their ill-taking what was soe
well intended by his Majestic that by the late orders, thereupon
taking occasion to goe on and raise the prices of corn higher ; he
was of opinion that this man's punishment and example will doe a
great deale more good then all their orders which they might have
made at the Sessions; and therefore he declared his offence to be
very great, and fitt to be punished in this Court; and adjudged
him to pay 100 marks fyne to the king, and 10/. to the poore,
and to stand upon the pillory in Xewgat Market an houre with
a paper, wherin the cause of his standing there was to be written,
put upon his hatt, For inhancing the price of Corne, and then to be
ledd through Cheapside to Leadenhall Market, and there like-
wise to stand upon the pillory one houre more with the same paper
upon his hatt, and after this to be sent, to Chulmsford, and there
likewise in the markett to stand upon the pillory.

Sr THOMAS RICHARDSON affirmed this offence to be an offence
at the Common lawe long before the King's proclamation and
orders, and also against some statutes, that his keeping in his corne
and not bringing it into the next marketts by little and little as he
ought to have donne, and selling it at other marketts when the
price was as high as he would have it, was an enhanceing the price

46 STAB CHAMBER CASES.

of cornc, and that the Justices in Essex did at the common law
inquire of such enhanceing the price of any victualls, and corne was
certainly victuall, bread the staffe of mans life, and that keeping in
of his corne in this manner was inhaunceing the prices of corne,
which is punishable by the statute as well as forestalling, and
approved of his Majesties pious and honourable care for his people.
Also he observed in the defendant's confession that he was guilty of
forestalling the markett in buying seed corne out of market t and
not bringing soe much of his owne to supply the same in the next
marketts. He therefore condemned the said Archer to be guilty of
the said offences, and agreed in his said fyne to the King, and
would have him pay as much to the poo re as the 100 marks wanted
of 100U.

THE BISHOP OF LONDON observed with Mr Atturncy that this
was malum in sey and that this Archer was guilty of a most foule
offence, which the Prophet hath in a very cnergcticall phrase,
grynding the faces of the poore. He commended highly that
speech of Justice Harvy, that this last yeares famin was made by
man and not by God, solicited by the hard hearted nesse of men,
and commended this observation as being made by his Majestic.
And thereupon undertook to cleare the wisdome of the Church, in
ordeyning to pray to God that he would be pleased to turne this
scarcely and dearth, which cruell men (but He never made) through
his goodnesse and mercy into cheapnesse and plenty ; he said that
God taketh away the hardnesse and cruelty of men's hearts, which
was the cause of the famin or scarccity, and He onely, and therfore
the Church hath very wisely ordayncd as aforesaid. He is glad to
hearc it declared to be an offence against the common law of this
rcalme: and, therfore, seeing it had pleased God to load the earth
soe richly, and abo to send soe dry a tyme for the inning the same in
the harvest, for, if that had wanted, all that aboundance had been but
an uncomfortable load, as we by our sinnes had deserved and was
thrcatned ; and yet for all this plenty corne was at an extreme
rate, and they boast among themselves now they can keepe their

ARCHER'S CASE. 47

cornc as long as they list and noe feare of moulding, he thinks fit
this man be made an example that others may feare to offend- in the
like kinde. And assenteth to his fine to be 100 marks, and thinks
fitt, seeing he hath ground the faces of the poore, he should therforc
helpe to seale them againe, and pay 10U to the poore; and the rest
of the former sentence he assented unto.

THE EARLE OP DANBY consented to the sentence in all, adding
that he should pay but 10' to the poore, and to stand likewise
upon the pillory at the Pallace, because some of all countries might
take notice therof.

THE EARLE OF DORSET T concurred in his sentence with the
Earle of Danby, and commended my Lord Keeper and Mr Atturney
for their care and paynes in bringing him to justice, and wished
that inquiry should be made if the Justices of the peace had made
default in not visiting the said Archer's barnes. Bui as for the
Earle of Warwick, Sr Thomas Richardson had well declared that
Lords and Peeres of the Parliament were exempted from the
services of the said orders, and yet that the Lord of Warwick out
of his care had admonished him, etc.

LORD PRIVY SEALE gave his sentence in few words, that
Archer was guilty by his owne confession of a very great offence,
and well worthy the sentence aforesaid, and in full consented to it.

THE LORD KEEPER did affirme that it was indeed a good worke
to bring this man forth to be heere sentenced, but that it was
brought about by the meanes of Justice Virnon, who informed him
of the said Archer as being the onely man presented in all his
Circuit for offending in this kinde, and that to him this was to be
attributed, he was of opinion, that the said Archer was guilty of
inhanceing the price of corne by keeping in his corne as is confessed
in this tyme of scarcity, which was not a scarcity made by God (for
ther was enough to be had at deare prices and high rates) : he
affirmed the same to be an offence as well against the common
law as against some statutes, and also he would not leane out against

48 STAB CHAMBER CASES.

his Majesties proclamation and orders, for his Lordshipp held these
were an aggravation of his offence: And his Lordshipp declared
further (and wished it might be taken notice of, as well as of what
had allready been spoken), for that much had been sayd that day of
singular use and bencfitt for the common wealth, that these were
noe new opinions. And to that purpose showed that in the olde
charge to the Quest of inquiry in the King's Bench, this inhanncing
the prices, not oncly of come but of any other commodities, was
inquirablc and to be there punished; also cited a statute whcrby
those that agree to kcepc up the price of any commodityes, agreeing
to sell all at one price, and those that raise false newes to bring
downe the price of any commodities from what they are justly
worth are punishable ; as those that raysed newes that there were
great warns beyond sea and there would be noe vent for cloath, and
tould the same in the country at Coxsall, for that the price of woolls
fell there, and they were punished for it. And his Lordshipp
vouched a president of one for procuring the raysing the price of a
ocrtaine commodity, for which he was informed against in the
King's Bench, and though his Counsell alleged that he had donne
nothing, he had but spoken, and his offence was in words onely,
yet he was adjudged an inhannccr for but advising the same. And
vouched a statute or proclamation in the tyme of H. 8 for setting
the prices on come, and the like orders and proclamations in the
tymcs of E. 6, Queen Eliz. and King James, and agreed it to be
well spoaken by the Earle of Dorset, that if any shall doe any thing
tending to depopulation, over and besides his punishment, he shall
be injoyned to populate as much, as the said Framingham was: and
vouched a booke case, where one complaining against another for
letting downc a sea wall soe that not onely his but diverse other
men's grounds were surrounded, the judgement was given in the
common pleas that the plaintiff* should recover his damages, and
the defendant should also make up the said wall at his costs and
charges. And therupon his said Lordshipp consented to the highest

FALKLAND V. MOUNTNORRIS AND OTHERS. 49

censure against the said Archer for his forestalling the market and
keeping in his corne to the inhanceing of the price, to the great
hurt of the common people, especially the poore labourer : and
committed Archer to the Fleet from whome he came.

In Camera Stellata, 19 Octobris. Michaelmas, 7° Caroli Regis.*

[FALKLAND v. MOUNTNORRIS AND OTHERS.]

Sr ARTHUR SAVAGE.

Sr Arthur Savage, knight, was brought to the barre in this |r Arthur
Court by the Warden of the Fleete. The Lord Keeper asked Sr
Arthur whether he were ready, according to the sentence of this
Court, to make recognition of his offence, and to aske forgive-
nesse of the Lord Viscount Faukland, whome he had wronged.
Sr Arthur answered that he knew not what to acknowledge, and
that he never read the sentence. The Lord Keeper therfore
commanded parte of the decree to be read, wherein Sr Arthur
was condemned for contriving and practising to lay a scandall
upon the Lord Faukland, late Lord Deputy of Ireland, that for
hope of gaine he had combyned with the Lord Sarsfield to indict,
convict, and execute one Philip Buahell, an innocent, for a sup-
posed murther, to the great scandall of the said Lord Viscount
Faukland and his Majesties Government by him in that kingdome,
and therfore he was adjudged to make acknowledgement of his
offence at this barre, and to ask the Lord of Faukland forgivenesse
for the same; which, being read, he acknowledged their Lord-
shipps had dealt nobly with him. Then my Lord Keeper said: Sr
Arthur, Mr Atturney hath drawen your acknowledgment, will you
have it, will you have it read to see if you like it? which was
read, being to this effect : I, Sr Arthur Savage, knight, doe confesse
I have committed a great offence and injury, as well against his
• Continued from p. 40.

CAMD. SOC. H

50 8TAK CHAMBER CASES.

Majestic as against the Lord Viscount Falkland, late Governor of
Ireland, in slandering him, the said Lord Faulkland, for causing
one Philip Bushell, an innocent, to be put to death on purpose to
gaine his estate, thereby seeking to draw his Majestic and the
people into dislike of his government, and I am heartily sorie for
it, and aske him forgivenesse for the same. What say you, Sr
Arthur, are you contented to acknowledge this ? sayd the Lord
Keeper. My Lords (said Sr Arthur Savage), if I could acknow-
ledge this, then neither your Lorkshippe nor any of this auditory
will believe me hereafter in anything I shall say or doe. Neither
did I think I had been sent for hither for this purpose, but I
thought your Lordshipps had mediated with my Lord Faulkland
to make a conclusion and finall end with me. Then said the Lord
Keeper, after some silence, Sr Arthur, This Court hath lately sen-
tenced this cause in a very great presence, and it is not now to be
disputed ; 'yet, because you say you knew not of it, we will not
presse you to anything now, though I did give order for the
Warden of the Fleet to acquaint you with the cause of your
comming hither to be, to make your acknowledgment according to
the decree of this Court, but this Court is pleased to give you tyme
to consider of it, and the sentence to be brought unto you. My
Lord, said Sr Arthur, I thank you and this honourable Court, yet
let me not prvjudicate my selfe, seeing that 1 goe on with the suit
against the Judges, let me not judge myself before it come to
hearing. Sr Arthur (said my Lord Keeper), you must knowe that
the Lord Viscount Faulkland is to be severed in this from the
Judge, and there is nothing in this sentence to cleare him, as you
may see by it; in the meanwhile you may have liberty till we send
for in convenient tyme, and you are to returne to the place from
whence you came.

PLUMPTON V. 9CROOPE AND OTHERS.

51

Thoma Dno Coventry, D[omi]no C[ustode] M[agtri] S[igilli].
Henric[o] Com[ite] Manchester, D[omi]no C[ustode] p[rivati]

S[igilli] Anglic.
Ed[wa]r[d]o Com[ite] Dorsett.

Thoma Richardson, Mil[ite] Capital[i] Justic[iario] de Banco.
Franc [i«co] Hervy, Milit[e] uno alio Justic[iario] de Banco.

D[omi]ni
Regis
Consilio
ib[ide]m.

Eodem die Coram Concilio pnedicto.

The cause betweene Sr Edward Plumpton, knight, complaynant, Sr Edward
and Henry Scroope, and many others, defendants, upon hearing
this day, appeared to be thus, as followeth: Sr John Finch, of
Counsel! with the Complainants, opened the Bill, That Henry
Scroope, sonne of Christopher Scroope, Esqr., came as a suitor to
the said Anne Plumpton alias Scroope, the daughter of Sr Edward
Plumpton, and professing himselfe to bee free from any former mar-
riage or precontract with any other, did marrie and take to wife the
said Anne, in or about February, in the 21st yeare of King James,
the said Henry being then about the age of 18 years; that they did
cohabit together as man and wife, and had two or three children
betweene them, and soe dwelt together 4 yeares; yet to avoyd this
marriage another marriage was pretended to be had and made
between the said Henry Scroope and Anne Scroope, the daughter
of Robert Scroope, Esquire, which (if any such were) was unlaw-
fully and unduely procured by John Duckott and Anne his wife,
and others some of the defendants to this bill, without the consent
of parents or their knowledge, and that it was within the degrees of
consanguinity, and before the said Henry was 14 yeres of age, for
that he might refuse the same; which by his marriage with the said
Anne the daughter of the complaynant he did soe refuse; and that
the said Sr Edward Plumpton kid given or promised in porcion

52 STAR CHAMBER CA8E8.

with his said daughter 10001' and an estate for her life in diverse
messuages were promised to be made unto her by the said Henry
and Christopher for her joynture, that the said Henry and Anne
Plumpton alias Scroope lived in house with the said complaynant
all the tyme they lived together and at the charge of the sayd com-
playnant, that the said Henry was next after his father and Francif,
his uncle, next heire to the Lord Scroope late Earle of Sutherland/
deceased, that the said Henry and Cristofer, the father of the said
Henry professing the said Henry to be free, the said marriage was
had and made betweene the said Henry and the com play nan t'a
daughter, and they had three children together, of which Anne
Scroope, the daughter and sole heire of the said Henry, is yet living.
That Cristofer Scroope and Margaret his wife had joyned with the
parish clarke of Spenithorne to enter into the church book there,
that Henry Scroope, sonne of Cristofer Scroope and Margarett his
wife, was borne the 16th of October, 1605, whereas the said Henry
was not born at Spenithorne but at another place. Of this bill the
complaynant could make noe prooff of any thing against any of tho
defendants, but onely against Henry, that he, knowing himselfe to
be married to the said Anne, the daughter of Scroope, did after-
wards, professing himselfe to be free, marry and take to wife the
said Anne the complaynant's daughter, and did cohabit with her
by the space of 4 or 5 ycares; and that the said parish clarke by
the threats of the said Cristopher and Margaret, being their tenant,
did enter those words aforesaid into the Church booke of Speni-
thorne abovesaid.

Serjeant Brampston of counsell with the defendants Robert
Scroope, Henry Scroope, Edwards Milles, John Ducket and Anne
Ducket his wife, Christopher Scroope and Margaret his wife, Henry
Banks, Nicholas Clarke, and Anne Scroope daughter of the said
Robert, opened their answere, thus: That Christopher Scroope
committed the care for education of the said Henry to Robert

• Sir* for Snndtrland.

PLUMPTON V. SCROOPE AND OTHERS. 53

Scroope, that Robert Scroope accordingly placed him and kept him
at the university of Oxford, that afterwards the said Henry being
growen up, and of the age of 17 yeares, towards 18, was married
unto Anne, the daughter of Robert Scroope, in facie Ecclesie, by
Doctor Spight, in St. Clement's, Eastcheape, London, upon the
Saboth day, being the 6 day of December, in the twentieth yeare
of King James, that this was a lawfull and good marriage, in 6
degrees; that afterwards the said Henry, becoming the servant of
the late Earle of Sutherland,* came to the house of the said Sr
Edward Plumpton upon a Thursday and was married unto the
complaynant's daughter the wensday next after, by a popish priest
in a chamber of Sr Edward Plumpton's house and at twelve of the
clock at night : that this was out of hope of the Earle of Suther-
land's • estate. That Sr Edward Plumpton heard reporte of the
said former marriage before the marriage with his daughter, that
he sayd he would believe noe reportes and never inquired after it
whether it were soe or noe, that a weeke after the marriage with
his daughter the Earle of Sutherland* himselfe and the said Robert
Scroope and Cristopher Scroope sent notice by letters unto the said
Sr Edward Plumpton that they heard credibly that Henry Scroope
was married to the daughter of Robert Scroope of Oxfordshire, and
very shortly after a certificat under the hand of Doctor Spight of
the said former marriage was sent and delivered unto the said Sr
Edward Plumpton, who then affirmed if it were soe yet it was
unlawfull for that it was within the degrees of consanguinity and
soe voyd, the said Henry and the daughter of Robert Scroope being
(as he said) third and third ; this second marriage was one yeare and
two months after the first, and in the 21st yeare of King James.
That afterwards Henry Scroope went away from the said Sr Edward
Plumpton's house and daughter and carried away his clothes pur-
posing never to returne againe, and then the Lady Plumpton and
the said Anne her daughter followed after him and with their per-

* Sunderland.

54 STAR CHAMBER CASES.

swasions he went back againe, and after this was the cohabitation
continued and the children borne as before mentioned: the said
Christopher and Margaret did cause, out of a booke of the age of
all their children which they kept, the age of Henry to be written
in the Church booke of Spenithorne, and that it was the truth
although he were not there borne. He doth not undertake to
excuse Henry for what he hath wickedly and lewdly donne, but for
this he humbly prayeth the bcnetitt of his majesties most gracious
generall and free pardon, which was in the 22nd yeare of the King
as in his answer he hath prayed.

All this was proved by diverse witnesses, and the second mar-
riage, in manner aforesaid, was proved by Katherine Plumpton, one
of the daughters of Sr Edward Plumpton, and by another who was
present, who thought the minister that married them was inclin-
able to the Catholic religion, but knew not whether he were a priest
or noe, for that they never saw his orders ; but they sayd that
neither Sr Edward nor his Lady were present at the said marriage,
and that it was between twelve and one of the clocke in the night-
tyme; that the same words were used in the marriage as are ordi-
narily used in marriages in the Protestant Churches, and a ring
was used in the marriage, and Henry Scroope sayd these words:
I. Henry, take thee, Anne, to my wedded wife, etc.: and after-
wards the priest said some short prayers in Latine, which they
understood not.

Sr John Finch and Mr. Hudson of counsell with the Com-
pl[ainan]t replyed, That for the inserting his birth into the Church
booke by Christofer and his wife and the clarke, it was an offence
deserving the censure of this Court; and Mr Hudson did liken it
to the mending of an Indenture after it is sealed, or the inserting
anything into a Record, which is forgery. And as unto Henryes
pleading the general pardon, Mr Hudson alledged that Henry did
demurre unto the bill that he was not bound to answcre therunto,
for that, as he conceived, he was pardoned, and the offences alleadged
against him were pardoned by the king's late generall pardon; and

PLUMPTON V. 8CROOPE AND OTHERS. 55

this was referred to Mr Justice Button, to report and shewe his
opinion to the Court whether the offences were within the pardon
aforesaid; and Mr Justice Hutton accordingly reported that, as he
conceived, and as the matters stood charged in the bill, they were
not pardoned by the King's generall pardon ; and Mr Hudson
alledged that, though the second marriage itselfe were pardoned,
yet the continuance of their cohabitation since was not pardoned.

The Court was of opinion that none of the defendants were to be
sentenced, and the Earle of Doreett declared that he thought, in his
opinion, the said putting in of his age into the Church booke was
no offence, and affirmed that if any man that hath kept the age of
his children by making privat notes therof, and knowes the same is
not entred in any Church booke, he may be pleased to enter it in
any Church booke whatsoever, hee may doe it, though it be long
after their birth ; and that if this were an offence he himselfe was
guilty of it within these few weeks. My Lord Keeper affirmed
that if a man soe enter his children's names into the Church booke
it is noe offence, and it is not like the mending of a sealed Inden-
ture or a Record, but found fault with the threatnings which
Christofer Scroope and his wife used to the parish clarke. As for
the offences alledged in the bill against Henry Scroop, his Lord-
shipp was of opinion they were (as they appeared nowe upon hear-
ing the cause) pardoned, although to Mr Justice Hutton (as they
stood in the bill) they seemed not to be pardoned. His Lordshipp
asked Mr Hudson whether Henry were not pardoned, and it could
not be denyed but it was; then my Lord affirmed that without
question his second marriage was a felony that was pardoned, not
being excepted, and the Court would not rayse nycities out of the
pardon and frame a third offence between the felony and adultery,
with their continuation and cohabiting together, especially not to
punish Henry Scroope for it at the Compl[ainan]t's suit, because
the cohabitation was continued by Complainants assent and pro-
curement, or at least by some of their side. But my Lord Keeper
asked the Coropl[ainan]t's Counsell whether Sr Edward Plumpton

56

STAR CHAMBER CASES.

were pardoned ? for here was an harbouring of a popish priest, and
that proved by owne daughter; and for that this was the Supreme
Court of Justice in the Kingdome, they would not have it reported
that such things brought forth here and proved by depositions
plainly were not regarded; that an harbouring of a popish seminary
priest was here spoken of and nothing sayd against it: we will not
have it blowen abroad that we soe farre favor priests or popery:
Therefore, though I am very sory for Sr Edward Plumpton and his
daughter, yet, for this reason, let him be in the custody of the
Warden of the Fleet and examined, whether he knew the Seminary
priest to be in his house : and let him be examined by my Lord
Richardson.

Co ram

Philip

BaAbelL

[In Camera Stellate, 21 Octobris, 1631.]

Thomas, D[omi]no Coventry, D[omi]noC[ustode] M[agni] S[igiili]

Anglie.
Henrico, Com[ite] Manchester, D[omi]no Custode P[rivati]

Ed[wa]r[d]o, Comite Dorset.

Henry Carey, Viscount Faukland.

Will[elm]o, Ep[iscop]o London [iensi].

Thoma Richardson, Milite, D[omin]o Capit[ali] Justic[iario] de

B[anco] .
Franchisee] Henry, Milite uno altro Justic[iario] de Banco.

[FALKLAND v. MOUNTNORRIS AND OTHERS.] •

Philip Bushell was brought to the barrc in this Court to make
his submission to the Lord Viscount Faulkland, by the Warden of
the Fleet. The Lord Keeper asked him whether be was ready to

• Continued from p. 60.

Regis Consi-
lio ib[ide]m.

FALKLAND V. MOUNTNOKRIS AND OTHERS. 57

make his submission ? Philip Bushell answered, Yes; but prayed
their Lordshipps that his submission to my Lord Faulkland might
not prejudice him in his cause which he had depending against the
Judge, which he intended to goe on with all. The Lord Keeper
answered and graunted that it should not, and that it was soe
drawen. Then it was read as fblloweth : —

I doe confesse I have slandered the Lord Vi«count FaulklanH,
late Governor of Ireland, falsely laying to his charge that he had
his hand in the executing and putting to death of Philip Bushell
an innocent, out of hope to gaine his estate, to the great slaundcr
of his person and his then Government under his Majesty, and I
am heartily sorry for the same, and doe aske him forgivenesse.

Then the Lord Faulkland sayd: I am ready and willing to
forgive him, and doe, knowing that what he did he was sett on to
doe by others.

[Mich. 7° Car[oli] Regis, 26 Oct.]

[PLUMPTON v. SCROOPE AND OTHERS.] •

The examination of Sir Edward Plumpton, knight, taken before Sr Kdward
my Lord Richardson 21 Oct. was this day read. The said Sr
Edward Plumpton saith, that he knoweth one Michaell Freeman,
otherwise Hill, but doeth not knowe him to be a popish priest, and
that he did not see him in his house when the said supposed
marriage was solemnized, and denyeth that he did ever give inter-
tainment to him: and the said Sir Edward Plumpton shewed forth
a pardon to himselfe bearing date Annoprimo Caroli Regis.

[FALKLAND v. MOUNTNORRIS AND OTHERS.]

Sr Arthur Savage was this day brought to the barre the second «r Arthur
tyme to make his recognition of wrong donne to my Lord Falk-

• Continued from p. 66.
CAMD. SOC. I

58 BTAU CHAMBER CASES.

land : he first besought the Lords that he might have leave now in
hia age to tender his soule above his body, and that he might not
make any confession against his knowledge and conscience; he
acknowledged their Lordshipps did right as they were informed,
but said that the witnesses against him were poore people suborned.
My Lord Keeper tould him it was noe tytne to dispute with the
sentence, but to obey, and soe appointed the confession in writing
and sett words to be read ; and then asked Sr Arthur whether he
would acknowledge soe much. He desired to be excused, and
affirmed it was against his conscience; the effect of the acknowledge*
ment read was that Sr Arthur Savage should humbly acknowledge
that he had committed a great offence against the King's Majestic
and my Lord Viscount Falkland, in slandering and scandalizing
the said Lord Falkland when he was Lord Deputy of Ireland, by
laying unto his charge that he had joyned with the Lord SarsBeld,
Judge of the Assizes in the county of Kildare in Ireland, falsely
for hope of gaine, to indict, convict, and execute one Philip Bushcll,
gent, and to make a prey of his estate, to the greate scandall of the
government of the said Lord Falkland as Governor there, and to
the wounding of his honor, thereby seeking to drawe him into
displeasure of the King and his nobles and people : Sr Arthur
declyned this acknowledgement. The Earle of Dorset moved it be
drawen up shorter and in fewer words. The Earle of Arundell
moved that Sir Arthur might have further tyme granted him to
consider of the sentence and his acknowledgement, which was
ordered; and Sr Arthur was remitted to the Fleet.

ATTORNEY-GENERAL V. MOODY AND OTHERS.

59

[In th« Court of Starre Chamber, Mich, 7° Caroli Regis 9°, No. 1631.

The Lord Keeper of the Greate Scale.
Lord Privy Scale.
Earle of Arundell,
Earle of Bridgwater.

Lord Wentworth, President of the Counsell in the North.
Lord Viscount Falkland.
Before/ Bishop of London.

Bishop of Winchester.

Sir Thomas Jarmin.

Sir John Cooke.

Sir Thomas Richardson, Lord Chief Justice of the K[ing's]

B[ench].
Sir Robert Heath, Knight, Lord Chief Justice of the Bench.

The King's
Connsell there.

The King's Atturney Generall - - Plaintiff ;

Charley Moody, Richard Strode, Henry
Stock and his wife, Richard Kingman and
Jane his wife, Katherine Smith widdowe,
William Leggat and his wife, John Wells
and his wife, Thomas Browne and his
wife, Robert Browne and his wife, Thomas
Gundy and Katherine his wife, and others Defendants.

The Bill set forth that his Majestic being seized of divers lands
and wast grounds called the Fennes, in the counties of Lincoln
and Nottingham, etc., these lands were surrounded with water and
barren, his Majestic by advice of his counsell tooke order with Sr
Cornelius Varmiden for the drayning of the Fennes if it might be,
and articles of agreement were made betweene his Majestic and the

<>0 STAR CHAMBER CASKS.

said Sr Cornelius Varmiden, and authority given by vcrtue of the
King's Letters Patent, under the Great Scale of England, for the
doeing thereof, and a special! provision that those that had any title
of common should repaire to the Commissioners appointed for that
purpose by Commission, and upon their shewing their title or
interest they should have full recompense. The King's letters
were sent to warne them to come to the Commission and demand
their recompense 23 February, 3 Caroli.* They were all agreed the
commoners should have one parte of b The King

provided workmen, the worke was brought to good forwardnesse,
and divers ditches and banks made, and Sr Cornelius Varmiden
was at greate charge thereabouts.

That the defendants with others came together in companies to
throwe downe and demolish what was donne, although divers pro-
clamations were made, and noe right they could pretend, and 4
Caroli they made their assemblyes by hundreds and 500^, they
demolish the worke, they beate the workmen, and burne the spades,
shovclls, wheelbarrowcs, plancks, and beate the workmen, sett up a
paire of gallowes for to terrify the workmen, threw some of them
into the water and held them under a while. They had a signall
to assemble themselves by sometymes by a bell, sometyraes by an
home, they threatened to kill the workmen if they came thither
to worke againe. That they had 14 several tymes in riotous and
rebellious manner assembled themselves and donnc these riots, etc.,
to the slander of his Majestie's Government, to the hindrance of
the worke, and to the dammage of Sr Cornelius Varmiden 6000",
and that some of them put those that served the King's processe
out of this Court upon them into the stockes.

Answers. The defendants answercs, some were read and the rest opened

by Counscll : they all claymed their common of pasture with all
manner of catteil and common of turbary, at all tymes of the yearc;
that they never agreed with Sr Cornelius Varmiden ; that the

• i.r. Pel. " Blank in MS.

ATTORNEY-GENERAL V. MOODY AND OTHERS. 61

country receiveth noe pro6tt by the worke, the grounds are made
rather worse. They confesse some of them that they did with
others enter into their grounds to goe to their cattle there depas-
turing, that they cutt downe the bancks and ditches and levelled
them for stopping their way. This they did to clayme their right,
which they hope this Court will mainteyne, seeing they have had
possession and seisin and they whose estates they have, tyme out of
minde ; and as for the unlawfull assemblyes, riottes, routes, plotts,
confederacyes, woundings, beatings, etc., Not Guilty.

Mr No YE, the King's Attorney Generall, shewed that it was Mr Attorney,
the King's parte to defend his realme from the inundations both of
the sea and of fresh waters — they are a kinde of enimies : that
those grounds in Axom* were by reason of the overflowing of
the water become barren his Majestic tooke care for the driving out
of this enimy the waters ; it will appeare how these men have
dameaned themselves by proofes, and what faire offers they have
refused, and that they had good cause to suffer things to be in
peace, and not to take upon them to be their owne judges, con-
sidering all his Majestie's faire proceedings heerein. These were
his Majestie's owne demesne Lands: he did what every Lord would
doe, he sought to improve his lands : 24 Maij, 2 Caroli, there were
articles of agreement made, whereby it was agreed that Sr Cornelius
Varmiden should undertake the drayning of these commons; 23
Feb., after there went a Commission to diverse Lords and gentle-
men to see whether this worke were feasable, and warning given to
the people and inhabitants to claime their right of Common; and
they had power to make admeasurement of the Commons and to
parte them and give the Commoners and their Landlords sufficient
recompense. They never claymed any interest at the Commission.
Upon admeasurement of 18,000 acres, 12 or 13,000 were under
water. His Majestic thought that 5 or 6000 acres would do them
more good to be layd out to them in severall : it was his owne land,
he might require some common; he assured them it should be for
theer benefitt. But they are better in love with catching of ducks

• Axholmc.

62 STAR CHAMBER CASES.

then keeping of people, they will beleivc nothing of this, they
throwe downe the workes and burne the toolea ; they assume with-
all power to set up franchises and gallowes, they take upon them to
punish these misfesore. These letters that noe man should be pre-
judiced but profittcd by it were 27 August, 4 Caroli, and 29 Sept.
following others. It appeared that one acre since this worke was
better then three before, soe that 6,000 were better than 18,000,
yet then these ryotts were committed.* Though they had cause
to be quiet, they proceede to their wills, they used the workmen
barbarously, and helde one of them under water like their ducklings,
and those that serve the King's processe they ought to goe in peace,
but as hedge-breakers or breakers of the peace they put them in
the stockes.

Proofes on ^ was Provcd on the King's Attorney's parte, that divers were

the King'* gett on worke^ by Sr Cornelius Varmiden to make trenches for the

l«rte drayning, that 300 persons came to the workmen, and Harrison,

Gibson, and Moody threatned to kill the workmen : and Browne,
Stockwell, and William Scott told them if they would leave their
work they would appease the multitude, or els they might goe on
at their perill : that they called the labourers rogues, dogges, and
cryed out, Breake theer legges, and 1 7 of the laborers were hurt ;
8 wheelebarrowes, 180 deale boards, planks, many sho veils, spades,
pickaxes, and other materialls and instruments were burnt. That
one Mr. Hawthorne was throwen into the river, and kept in with
poles a great while; that they cryed out, Drowne him ! Kill him !
Breake his armes or legges ! That James Moody, Harrison, Henry
Scott, and Edward Gibson did cry out, Throwe him into the river I
Breake his armes and legges ! Others were beaten with dry blowes.
Hawthorne's face was hoodwinked with a cloake or coate, and soe
cast into the river, and Richard Scott and others layd hands on
him, and strucke and beate him; but bidd them not to ducke him
over head least he should be drowned, but rather to break e his
armes or his legges, and soe lett him goe ; and some of the riotors
poured water in at the necks of some of the workmen ; and one

• 162«.

ATTORNEY-GENERAL V. MOODY AND OTHERS. 63

runne at the deponent with a drawen knife and cutt his clothes,
and some cryed out, Cut his throate ! Breake his leggs ! and made
them sweare never to come there againe. They sett up a gallowes
and threaten to hang such of Sr Cornelius Varmiden's men as would
come thither againe. The women assembled themselves to the
number of 200 in 1629 divers dayes and tymes, and threwe downe
the bancks and workes, and burned the instruments and tooles.
That one Kitchen, and another with him, came to Haxain to serve
the proces of the Court upon some of the defendants. They sett
upon them with staves, and desired Richard Stockwell, the deputy
Constable, to put Kitchin in the stocks, which was donne (Stock-
well confesseth he put him in the stocks for some misdemeanors,
but did not knowe they came with processe). And witnesses
sworne say that Sr Cornelius hath been damuifyed hereby more
then 2000U.

The defence made by Counsell for the defendants was first of all The defence
for one Mr Toxie, one of the defendants, against whome Mr Re-
corder observed out of former proofes nothing was layd to his
charge or proved but that he was present once or twice at the
assemblyes, and that he did say he would endevor to appease the
multitude but then there was noe outrage: but upon the 13 day of
August when the wheelbarrowes and deale boards were burnt the
said Toxie endevored to prove that he was not present, and by three
or foure witnesses proved he was at another place in such a man's
house that day, but it was before, on the King's Atturney's parte,
proved by 4 witnesses, that the said .Toxie was then also present;
and it was sayd by my Lord Keeper that if re vera this 13th day
were the day of the riott then the defence might be to some pur-
pose, but if not, as it did not appeare by any particular proofe, then
the day is not to be regarded if the thing were donne : Mr Toxie
likewise proved that at Whitsuntide in the church upon Whitmun-
day, 1628, he warned his neighbours to take heed they should
make noe riotts as they had begunne to doe, and tolde them unlesse

64 STAB CHAMBER CASES.

they would forbeare to use violence, their Lawyers would noe
longer be of counsell with them.

For the constable that put Kilchin in the stocks it was but
$iny\dari» tcstis, that he knew they came to serve the procease, as
it was urged by Mr Bierley; and that it did not appeare by proofe
that Henry Scott's wife was present at the ryotts : And Mr Bierley
for other of the defendants showed that the King's Majestic was
pleased to declare that Sr Cornelius Varmiden should doe nothing
in the worke till they consented, and that they never consented,
etc. My Lord Keeper answered that this was nothing to their
ryotts; they might have complayned in the King's Exchequer.
That Katherine Smith had since married with a minister, a grave
divine, who was not called to answcre ; she and her husband should
have been called in by new processe. My Lord Keeper answered
that the case did not require a new calling to answere, for it was
the defendant's owne act: if the plaintiff after answere before
judgement marry an husband they must call the defendant by new
processe and a new bill, but if the defendant marry there needeth
not new processe.

Also it was sayd by my Lord Privy Seale and urged by Mr
Atturney that (as to Toxies alledging that he was not present at
the riott 13 Aug.) he might be there at the carre grounds where
the riott was donne, and be the same day also at the other place at
Snodley's house, which is but 8 myles distant, and soe both proofes
might be true for 4 witnesses sweare particularly that he was there
at the riott : and soe the Court proceeded to sentence.

Sentence of It was unanimously declared by the whole Court that his Majestic
proceeded herein legally and rightfully for the benefit of his crowne
and people, for the drayning of these fennes; and many of the
defendants were found guilty of the several 1 riotts charged in the
bill; viz. Toxic, James Moody, Henry Scott, and Hezekias Browne,
who were fyned 1000" a peece. The widdowe Smith, who mar-
ried the minister after the riotts, 500", and the severall women who

LEACH V. FULJAMBE AND OTHERS.

65

were proved to be at the said riotts 500 marks a peece, and they
were adjudged to pay for dammages unto Sr Cornelius Varmiden
the relator 2,000".

After this sentence Mr Atturney moved the Court to take it into Mf Attumey'g

.1 • .,. ,1. /., f i •• • Motion after

their consideration, whether it were not fitt- to fyne the adjoyning tnc sentence.

townes where these riotts and rebellious assemblies were made: he
shewed that heere wore 14 severall riotts, wherein the poorer sorte
of people were sett on worke, but the rich, they escape, and these
were committed 3 yeares agonne, and never any are brought to be
presented or indicted at any Assizes or Sessions ! He taketh it that
by the lawe these townes ought to be fyned. Westminster]
2 chap. 4, that the townes adjoyning shall be distrayned in such a
case, etc. : which was but a declaration of the Common lawe. My
Lord Keeper directed {hat the presidents should be considered and
if it agreed therewith they should be fyned, but objected that these
townes and villages were not called heere to answere; Mr Atturney
answered, that upon a rescusse* returned into a Court of Record if
it appeare to be donne, the village or towne where it was donne is
amerced though not called, etc. Whereupon my Lord Keeper said
it was a good motion and was not fitt to dye : yet nothing more was
donne for this tyme.

In the Starre Chamber, 11 No. 7 Car[oli] R[egi]s.

Lord Keeper of the Greate Scale.
Lord Privy Scale.

Earle of Pembroke and Moungomery. The

Before the Earle of Dorsett King's Counsell

Bishop of Winchester. there.

Lord Cheife Justice Richardson.
Lord Cheife Justice Heath.

• "JlESCOtTS, Rrtruttut, comes from the French Roscousse, i. Liberatio, is a
resistance against lawful authority," tec. —Gmcl't Interpreter, *. v.

CAMD. SOC. K

6G STAR CHAMBER CASES.

Betweene ST Edward Leach, Knight - Pl[ain]t[iffJ, and
Sir Francis Fuliam, Baronett, Godfrey
Somenhill, Francis Bridges, Thomas
Stirrop the elder, and Thomas
S[t]irrop his Sonne, and others • Defendant*.

Tht BUI. The last charge of the Bill was that the defendants Sr Francis

Fulliam, Stirrop, and Stirrop, had plotted and combined together
to forge 4 parchment leaves of an olde handwriting, and to thrust
the same into a leger booke of the Deane and Chapter of Lichfield
kept in their Registry by the said Thomas Stirrop the elder,
Registrar there ; and that they should further among themselves
practise and agree to suborne the said Stirrop the Sonne to commit
perjury in producing the said foure parchment leaves in evidence
at Derby Assizes and giving them the reputation of auncient re-
cords kept by the Register of the Deane and Chapter, under whom
the plaintiff Sr Edward Leech holdeth the tythes of the parsonage
impropriate of Chesterfield, which tythes the Vicar of Chesterfield
claymed to hold by an auncient composition, paying 20" rent to the
Deane and Chapter aforesaid yearely. The second charge was
against Sr Francis Fulliam for champerty and maintenance, to
•whom the said Vicar had made a lease of the tithes of the said
Vicaridge for 3 yeares. Sr Francis made a lease to try the title to
the said Godfrey Somershill, and this came to be tryed at Derby
Assizes, where the said parchment leaves were produced in evidence;
then the plaintiff withdrew a juror, but at the next Assizes the plot
was discovered; and then upon full evidence the plaintiff had a
verdict, and showed that possession was against the said Vicar for
100 yeares last past. The third charge was for a riott which Sr
Francis Fulliam's servants committed at the harvest after the said
verdict in taking the said tythes : That the riotors called themselves
by nicke names, Jack and Tom, Northumberland and Westmorland,
they spoyle more then they gather, they cry a Fulliam, a Fulliam,
they carry what they gathered to Sr Francis Fulliam's barne.

LEACH V. FULJAMBE AND OTHERS. 67

The defendants by their counsell opened their answeres : They The Answeres
deny the practise, forgery, and perjury. Thomas Stirrop the father
confessed he sent the said leaves and the said Ledger booke by his
Sonne to be given in evidence at the Assizes; and Thomas Stirrop
the sonne confessed he did bring the said booke and parchment
leaves into the Court, and did depose that he had them out from
among the records kept by his father the Registrar of the Deane
and Chapter of Lichfield, and confessed in their examinations that
the said 4 leaves did conteyne mention and importe a survey of the
rents of the Denery, and that therein was mentioned that the Vicar
of Chesterfield should pay to the Deane of Lichfield 2011 rent
yearely for the said tythes, and that the said parsonage was not im-
propriate: and that those leaves were 5 yeares agonne delivered
unto the said Stirrop the father by Deane Barkly by him to be
kept amongst the other records, and to be given in evidence by the
said Vicar or any other, and thinketh they are the leaves of some
book lent out but not brought home againe, and soe not guilty of
this charge. Mr Waddington the Vicar confessed he made a lease
to Sr Francis Fulliam, the rent not to be payd till the tythes were
recovered, and they went to Counsell for making of it. Sr Francis
Fulliam did confesse he tooke the lease, but paid noe rent, and that
he did beare the charges in a cause concerning one Somershill, it
was to try the title, and fitt he should have a lease of the tythe of
his owne lands : and pleaded Not guilty to this second charge.
Sr Francis Fulliam and all the rest plead Not guilty to the third
charge of the riott, and Sr Francis saith he was then at London
when it was supposed to be committed.

Proofes on the plaintiff's parte werre, that Thomas Stirrop the Pir»in]tiff's
father did send those 4 leaves of parchment to give them in pl
evidence for Mr Waddington the Vicar against the Deane's title ;
which also the said Thomas Stirrop upon his examination con-
fessed : and it was proved that about 4 or 5 yeares since the said
leaves were in a private man's custody, and then after brought into

68 STAR CHAMBER CASES.

the Registry, and after at the Assizes at Derby given in evidence by
Stirrop the sonne, aa Records remaineing with Thomas Stirrop his
father, Register of the Deane and Chapter of Lichfield ; and they
had the reputation of auncient records'. For the second charge the
lease was confessed, and noc rent payd, and Sr Francis his bearing
the charges of a suit thereupon. For the riott, it was proved that
one by the name of Blew John, others by the names of Northum-
berland and Westmorland and Lester, one Corbury, one Eaton,
George Stevens, and Godfrey Elliott, all weaponed with pitchforkes,
forceibly tooke away from the plaintiff's servants the tithe come
of the vicaridge and parsonage of Chesterfield; and Mr Mathew
Waddington said, Now, boyes, heere is worke for you ; and Robert
Micklethwayt and others used words to this purpose, What if one
should ring thy nose, meaning one Jackson, servant to the Com*
plainant, and his nose was bloudy: and Godfrey Somershill struck e
his spurre into this deponent's legge, then being one of the com-
plainant's servants there. Another with a pitchforke runne this
deponent, a servant of the plaintiff's then there, into the foote : and
they cried, A Fulliam, a Fulliam, and that it was to his use, for
the corne was carried to his barne. Two Justices came to view the
riott, and Waddington cried out, Away, rogues, the Justices be
cominge : and at the Sessions, when some of the riotters were in-
dicted, Mr Waddington stood openly in their defence and entered
their traverses. One Francis Bridge, being Constable of Walson,
with others, was present, this being within his constabulary, and
cryed, A Fulliam, a Fulliam : and Sir Francis Fulliam payd the
riotters for their service.
The Defence The defence by Counsell was first for S1 Francis Fulliam that,

Wv f"Ymn«tf»ll

for the maintenance, there was no other in the bill but the making
of the Lease. It is true there was a lease, but because it was con-
vcnicnt for him to have a lease of his own tythes. For the riott,
Sr Francis did not give command for, nor approbation unto the
said riott; it is true the corne was brought to his barnc, and that

LEACH V. FULJAMBE AND OTHERS. 69

might be in a lawfull manner, but he was at London when it was
donne. Sr Francis confesseth the plaintiff was in possession, but it
was upon his owne land.

21* For Thomas Stirrop, he confesseth that he had those 4 leaves
but 5 yeares sithence: but Stirrop the younger confessed he wit-
nessed at the Assizes that he had them out of his father's study
where the Registry is kept: and it was shewed for them that there
is in the same Registry a booke called Liber niger wherein the same
things are recorded which appeared in the said leaves. For the
riott there was almost noe defence for those that were actors and
abettors in it

It was urged by Mr. Atturney Generall and by Sr John Finch Pl[ain]tiffs
for the complainant that these leaves were of matters in 2 E. 3, and
that it was counterfeit by some young counterfeiter, because the
characters agree not with those of that tyme : and they put a case.
If a writing be brought into the Treasury and the Clarke sweareth
he hath it among the records there : he hath supposed that it is a
record, and if it be not truth is both forgery and perjury.

It was answered for the defendants and soe agreed by the Court, Def[endan]ta'
that heere it is otherwise, Thomas Stirrop the sonne did sweare his C01"18611-
knowledge, that he had it out of his father's study. Thomas
Stirrop the father sent it indeed, but confesseth that he had it but
5 yeares sithence, and that Lessons found it.

By the sentence of the Court, Sr Francis Fulliam and the rest The Sentence
were found not guilty of the indirect practises of and concerning of tlie Gowti-
the said foure parchment leaves; but Sr Francis was found guilty
of the maintenance and champerty charged in the bill : and it was
declared by Sr THOMAS RICHARDSON that it was a buying of a
title flatt against the Statute of 22 H. 8, although it were a lease
but for 3 yeares. It is true, for to try a title to a common person
is now Champerty, but to a great Baronctt this is maintenance and
champerty; this offence is most odious to the lawe, and therfore by
1 Rich. 2, such an offender is to be imprisoned and ransomed. Sr

70

STAR CHAMBER CASES.

Fr: Fulliam was likewise found to be a procurer of the riott, and
the riott committed in a foule manner, and their nicke names
Northumberland, etc., not to be indured. Sr Francis Fulliam was
therfore fyned 1000". The Vicar, Mr Waddington, out of com-
miseration was fyned but SO1'. Somershill and the Constable were
fyned 200 markes a peecc, and the rest of the riottcre 1001' a peece.
Noe dammagcs. It was likewise moved that the 4 parchment
leaves might be damned and not used any more in evidence, but the
vote of the Court was against this, and they were not damned, etc.

The Bill.

The

Ik fondants.

In the Sum Chamber, 16 No[rembri«] Mich[aclis] 7 Caroli R[egi]».

Betweene John Dalton, Clarke, Vicar of Sharp,' in Westmor-
land, C'omplt. and Heydon and others defendts.

The Bill. The bill was for a libellous scandall thrown upon the
plaintiff by a pedlar and his wife and Haydon the defendant, for
adultery supposed to be committed by the plaintiff with the pedlar's
wife, and with one Elizabeth Beck, and that she was with childe by
him. That they complayned to a justice of peace who reproved
their malice : then they moved the Churchwardens to present it for
that it was not meet that he that was guilty of soe foule a crime
should be permitted to administer the Sacrament, and for divers
other speeches tending to the said scandall.

The defendants had noe Counscll, but an affidavit was read testi-
fying that a subpoena ad audiendum indicium was served, etc. ; and
then the answeres of the severall defendants were read. Lancelot,
one of the defendants, pleaded not guilty. Robert Jackson the

• i.r. Shap.

DALTON V. HBTDON AND OTHERS. 71

pedlar and Dowse his wife, they say there was an evill fame of the
said Mr. Dalton, but how it was raised he doeth not knowe, and
confesseth it was dismissed in the Ecclesiastical! Court at Carlisle :
that the pi [ainltiff would have pulled downe his house, and called
company and stirred up others to doe it He confesseth he said
that there was an evill favored reporte of our parson, and this not
to slander him, but out of care in religion and conscience to have
the same cleared : and to that purpose he did tell him of it when he
would have administred the Sacrament, that this defendant is a
pedler and not worth 40f in personall estate, and that he, upon the
•whole matter, hath greater cause to exhibit a bill against him : and
soe he and the rest of the defendants plead Not guilty.

The pl[ain]t[iff's] Counsell shewed the scandall against a
minister being noe common person hath been punished in this
Court. There was a certificat of the good conversation of the
plaintiff by the Clergy, dated 31 Aprilis, 1631, which the Bishop
of Winchester attested, and said he had received letters of com-
mendation of him from divers worthy preachers of that Country.

The scandall was proved by the Pl[ain]t[iff J's witnesses, and Proofes on the
that Haydon said our Vicar liveth in adultery, etc., and told a tale
of a pedler's wife being gotten with childe by a priest; and they
asked him whom they meant, " Who," saith he, " how many
pedlers have we in this parish that have wives, and how many
priests have we in this parish?" and that Jackson said, if the
Churchwardens would not present the same he would present them
both.

THE LORD KEEPER said that this cause perteyned to the Ecclesi- Cognizance of
astical Jurisdiction. Mr Hudson for the pl[ain]t[iff] alledgead a *
president, where a woman that falsely laid a childe to the charge of a
minister was heere sent to Bridewell. And my LORD RICHARDSON
said that these words were libellous, for a libell may be in word as
well as in writing.

The sentence of the Court was, that the pedler and his wife Tne Sentence
should be committed to the house of correction and there kept 3

STAR CHAMBER CASES.

Mr. Alton,
Vicmrof

Su-n.urr, his

Bishop of
London.

Mr. Prinnc
for the

Defend[an]U.

BiOiop of
\Vincbetter.

moneths, and to have the handscll of the house and to pay 40U to
the King for a Fine: and Haydon to pay 100 marks fync and 50"
dammages to the party : the sentence for clearing him to be read at
the Assizes and in his parish, and the clergy at Carlisle to bo called
together, and there these three defendants to make acknowledge-
ment of their fault and wrong donne unto him the said John
Dal ton.

[ALLEN v. JEMHAT AND OTHERS.]

A motion was made l>y one Allen, a minister of Sudbury, in
SufFolke, that whereas he had put in a bill in this Court against one
Samuel Jemmat, Clarke, and others for divers riotts and mis-
demeanors committ by the defendants in the church, of which they
indevoured to dispossesse the pl[ain]tiff because he would not suffer
them to receive the Sacrament sitting, and for refusing to kneele at
the Sacrament, and for throwing the holy Sacrament most con-
temptuously and irreligiously under their feet. The pl[ain~|tiff
desired, being admitted to prosecute this cause t'n forma pauperis,
that in regard he is poore and hath but 11" a yeare, that the suit
might be undertaken to be presented by the King's Attorney.

THE BISHOP OF LONDON commended this cause to the Court as
concerning the Ecclesiastical jurisdiction as much as ever any did.

Mr Prinne for the defend [an] ts shewed that this was complayned
of in the High Commission Court, and there dismissed, and that
for the same things that are hecre charged; that Mr Jemmat was
lawfully presented, etc. and that thcrfore the Court would dismisse
the cause or dispauper the pi Tain] t [iff] for that by his confession
he hath II11 per annum.

THE BISHOP or WINCHESTER shewed the Court that the Arch-
b[isho]p of Yorke brought this into the High Commission Court,
that upon the defend[an]ts* submissions and promises of amendment
and quietnesses they were there dismissed ; but that since they were
more refractory, etc.

ALLEN V. JEMMAT AND OTHERS. 73

My LORD KEEPER pronounced this order, that the plaintiff Lord Keeper,
should continue pauper, and to be considered, if it can be proved
by certificate that any of these things being soe foule as they seeme
to be by the charge of the bill, his Lordshipp thought it a fitt thing
for Mr Attorney to take care of and to present it.

Mr PRINNE desired my Lord Keeper to give him leave to open Prinne.
the truth of the cause to his Lordshipp shortly. He shewed that
Allen, being a Vicar in Sudbury and beneficed and unqualifyed,
accepted of another living; and his Lordshipp for that cause did
graunt the first living to another one Samuell Jemmat; that he was
admitted and instituted and inducted at 5 of the clocke in the
morneing when noe body was there in the Church; and this he
chargeth as a riott; and that in the afternoone of the same day
there was a buriall to be solempnized, and there comming the said
Jemmat and 30 persons more to bury the dead corpse when he had
locked up the doores, this was the 2nd riott; and for the other
things charged they were exhibited by Articles into the High Com-
mission Court and there dismissed.

The BISHOP OF LONDON reproved Mr Prinne for saying that the
Articles in the Commission Court were at the suit of the party, he
averred that to his knowledge they were at the preferring of the
late Bishop of Yorke;8 soe the order aforesaid stood.

A. B. V. C. AND OTHERS.

This day also came to be heard a cause about forgoing of a will
to disinherit an heire in London. The case being that A. B. the Will
pl[ain]tiffsheweth that his ancestor being seised of certainc Lands
in London, the defend [an] t C and 3 other defend [an] ts, supposed
witnesses to the said will, plotted to disinhcritc the pl[ain]tiff, and
to that purpose by unlawfull practise among themselves framed a
will, or writing in forme of a will, and thereto annexed a scale and

• Samuel Harsnet
CAMD 80C. L

74 STAR CHAMBER CASES.

sett to * witnesses names, as if it were the will of the intestate the
pl[ain] tiff's ancestor. By this supposed will soe forged the lands
aforesaid were given to the said C, the said C proved the said will
in communi forma, and after came to prove it by witnesses who
were the other defendants, who were sworne but not examined;
and therfore there was a sentence in the Prerogative Court to dis-
annull the said supposed will. The said C tooke an administration
and brought her appeale in the Court of Delegates, where it was
also disannulled and the former sentence confirmed ; and for this
practise desire the Court to punish the defendants, and to damne
the said supposed will by sentence of this Court

The Answere The matter appeared to be thus, as it was opened by Mr Hudson
opened. of COUD8ei| wjth fae defendants : that the defendant C was advised

by her counsell that the cognizance of the proofe of the said will
did not belong to the Ecclesiastical Jurisdiction, being a will of
land, and therfore brought her prohibition, which came an howrc
after the first sentence. She did therfore, and for noe other cause,
forbeare to examine her witnesses there: that the defendants' case
was lamentable. The depositions of her witnesses in this cause were
depressed by order of the Court, because a sollicitor had looked
upon the depositions before the publication and altered some inter-
rogatories, who was not an originall sollicitor, but thrust in himselfe
and by practise to doe the pl[ain]tifT a goode turne for that tyme
onely; and therefore desired that this, whether it were a good will
or noe, might be referred to be tried by the lawe ; and soe prayed
the judgement of the Court whether they would proceed heerein as
it stood now in Court.

Opinion of the ^*ne Court was of opinion because it was a will of land it was to

Court be tryed by the lawe, and in this cause especially not to proceed

now, because all the witnesses that were to the will were made.

partyes heere to take away their testimony; and that there was noe

other way left to these witnesses to gett out of this danger but to

• i*. two.

A. B. V. C. AND OTHERS. 75

referre the tryall to the lawe, because the depositions were sup-
pressed, and soe three of the defendants being only. witnesses might
be here punished for forgery, being a greate punishment by default
of C the defendant.

The EARLE OP DORSETT was of opinion that heere was great Earle of
ground for a forgery as he ever knew in any cause, and alledged that
as the Counsell had opened it there were two sentences, and she
had taken administration, which she could not doe without oath
that the intestate dyed without will to her knowledge; that the
will concerned goods as well as land, and therefore belonged to the
Ecclesiastical jurisdiction, and now to try it by an ordinary jury,
whether these sentences were right or noe, would be very unseemly.

The LORD RICHARDSON answered that the case was cleare; if Lord
it were a will of land it must be tryed by the lawe, but being of Rlchardson-
lands and goods it might be proved in the Ecclesiastical Court; but
as touching the land it was voyd, and for the goods it was good,
etc. Therfore the will aforesaid was reserved to a tryall at lawe, order of the
and afterwards this cause to be presented hecre in this Court for the Court,
practises, if there were any, etc.

In the Starre Chamber, 18 No: Mich. 7 Caroli Regis.

King's Atturney - - Pl[ain]tiff.

Thomas Rogers, and Mary Partridge, Dun-

sterfield, and Skinner - - Defend [an]ts.

This cause was begann 1 6 No : and thus then opened : That Jane The Bill.
Cockin, sole daughter and heire of William Cockyn, Esqr., deceased,
being committed to her Mother as her gardian, now married to
Gawdy Tindall, Esq. The said -Jane being but 1 1 yeares of age

76 STAR CHAMBER CASH.

was inticcd by the defendant Rogers, a taylor and a serving roan,
by the meancs of the said Mary Partridge, to contract heraelfe to
the said Thomas Rogers: that after, in the night tyme, the said
Mary Partridge let the said Rogers into the house, when the said
Gawly Tindall and his wife were in bedd and a slecpe; that the
said Mary Partridge fetched the said Jane Cockin downe out of the
chamber in her armes with her clothes off, all save her smocke, and
brought her to the said Rogers, and there, betweene sleeping and
waking, she was contracted to him : That afterwards the Slid
Dunsterfeild, being a broaker, persuaded the said Skinner to goe
with him to the Court to gett a licence for the marriage of the said
parties. They came before the Surrogate, and Dunsterfeild there
swoare that she was of the age of 16 y cares ; that she was the
daughter of William Cockyn of Greenwich, in the county of Kent,
yeoman, and he being dead shee had her mother's consent, and
thcrupon the licence was granted and made, but subscribed,
Let not this marriage be solemnized without consent of parents.
Therupon the said Mary Partridge and Rogers brought the said
Jane into Greenwich parke, there to be married, and there was a
priest provided ; but when he saw the subscription aforesaid he
refused to marry them. This was therforc to punish these foule
practises, and to disanull the said contract. The defendant Rogers,
being released out of prison to appeare at the hearing, bound by
his own bond, now, viz1, the said 16 No: the said Rogers did not
appeare, nor any other of the defendants, some of them being runne
away. Therefore the Court ordered (though Mr Attorney might
proceed without serving a subpena to heare judgement in such a
case) that the cause should stand till some of the partycs might be
gotten and brought to the barre to be punished for example sake.
The Answera. And ^is day Mary Partridge was brought to the barre in this
Court, none of the other defendants appearing ; wherfore the Court
ordered that their answcrcs might be read. The said Rogers
answered that what he had donne was with the consent of Gawdy
Tindall's wife, mother of the said Jane : and that the said Jane

ATTORNEY-GENERAL V. ROGERS AND OTHERS. 77

often used him kindly and received love tokens from him, and that
the said contract was voluntary, etc. And the said Mary Partridge
confessed her being at the contract. She denyed the violence and
force, that she was in Greenwich parke with her, the said Jane, etc.
And soe the Court proceeded to sentence.

The Court declared that this cause was commended to Sr Robert Sentence of
Heath, Kl, when he was Atturney, by the Court of Wards, by him
to looke unto to be punished for example sake; the sentence, ther-
fore, of the Court was, that Rogers should be fyned to the King
200011, and be imprisoned till he appeare in the Ecclesiastical
Court; and the said Mary Partridge was fyned 4011 to the King;
but the said Rogers was to pay it by the order of the Court, and
she was to be imprisoned.

My LORD RICHARDSON was in doubt whether he should fyne
him or imprison him, for to take her away barely by the Statute is
but 2 yeares' imprisonment, or a fine.

The BISHOP OF WINCHESTER wished that those that had power
to give licences in such cases would observe the canon, for then the
breaker could not have carried it soe; but the parent should have
been heard.

My LORD KEEPER would not have Rogers bound by decree of
this Court to disavow the contract, nor bynd the Ecclesiasticall Court,
nor any in this case what to doe. Dunsterfeild and Skinner ranne
away before their answere, therfore nothing was donne against
them.

Alexander Walker - - Pl[ain]t[iff].

Nicholas Rickby, Robert Lilly - - Defend[an]ta.

The bill was for forgery and perjury, and subornation of perjury. Forgery.
The defend [an]ts pleaded not guilty. The case was, that the
plaintiff had brought an action of the case against Rickby, the de-

78 STAR CHAMBER CASES.

fend [an] t, and upon mm cutumptit; the dcfcnd[an]t shewed the
pl[ain]t[ifTs] release in evidence, and proved it by the said Lilly,
whereupon the pl[ain]tiff was non suit ; afterwards the pl[ain]tiff
brought another action, and Rickby pleaded the release, and Lilly
swoare that he sawe the said release sealed and delivered by the
pi [ain jtiffc, whereupon there was a verdict against the pl[ain]tiff
and a judgment upon it. The pl[ain]t[iff] supposed by his bill
that the said release was forged, and proved by a woman and a
witnesse of eight yeares old that the said Rickby was not present
when and where the said release was supposed to be made and
delivered. Lilly swoare it againe upon his oath, and the defen-
d[an]t brought another witncssc to prove the sealing and delivery
of the said release. The Court therfore weighing the verdict and
judgement thought not fitt to examine the deed in this Court,
especially seeing there was but one woman and a childe against a
verdict and two witnesses; and seeing the plaintiff had exhibited a
bill in the Chancery, and not mentioned a word of the relent:
Therfore this bill was by order of the Court dismissed.

Perjury This day the Court dismissed a cause against one Williams for

perjury? committed in an affidavit in the Court of Wards for the
procuring of an injunction, whereby the plaintiff was stayed at
common lawe. The Court thought fitt not to heare it, being of
points immaterial and not in issue : and

My LORD RICHARDSON vouched the like case where the per-
jury was assigned to be about hey, in Rumncy Marsh in Kent :
that the defendant should sweare that the hey was as good as
any hey in Rumney Marshe : this Court would not try this
perjury.

ATTORNEY-GENERAL V. LEAKE AND OTHERS. 79

King's Atturney, by the relation of my Lord

Dennicourt' .... Plaintiff.

William Leake, Esqr., the Lady Leake, and
others - ... Defend[an]ts.

The first charge was for forgery and putting a new scale and Bill,
labell unto a deed which Sr Francis Leake, father of the Lord
Dennicourt and of the said William Leake, had destroyed ; and for
making a will, supposing it to be the will of the said Sr Francis
Leake when he was de non sano memory; and this charged upon
my Lady Leake. The second charge was for imbraceryb of jurors
at a tryall at the Assizes, and this charge was likewise upon my
Lady Leake. The third charge was for a riott upon the said
William Leake, shewing that the Lord Dennicourt, being in posses-
sion of the mansion house and manner of Haughton, by vertue of
an injunction out of the Court of Wards: the said William Leake
made a riot with others of the defendants, entring with force ; and
the said Lord Dennicourt being in the parlor of the said house, the
said William Leake walked up and downe, and whiffed tobacco in
the Lord Dennicourt's face : and in publique used these words
to my Lord DenniCourt, My Lord, I wonder you weare not a
sword, being a noble man, and offered to lend him his sword: and
then sends forth into the towne to cause the bells to be runge for
joy of this possession gotten. The fourth and last charge of the
bill was against the Lady Leake and Mr. William Leake, for con-
triving a petition in the name of Sr Francis Leake, deceased, father
of the said Lord Dennicourt, without the consent of the said Sr
Francis : the said petition shewing that the Lord Dennycourt was
disobedient to his father in bringing a Suit in Chancery against
him to the end to bring the said Lord Dennicourt into an ill

• i.e. Deyncourt.

b To instruct the jury, or promise reward for or before appearance.— ContH't
Lam Dictionary.

80 STAR CHAMBER CASES.

opinion with the King and the Lords of the higher house of Parlia-
ment, to whom the said petition was preferred.

The defendants pleaded not guilty.
Proofes. Sr JOHN FINCH, for the relator, shewed that the Lady Leake,

whome the charge mainely concerneth, is dead. He beganne with
the imbraccry, and it was proved by one witnesse that Jackson, one
of the defendants, came to the deponent, being a Juror in a tryall
betwecnc my Lord Dennicourt and his mother the Lady Leake, at
the Assizes at Derby, 1627, and asked the deponent in the Greene
Yard if he were not of this Jury; the deponent sayd Yes; then the
said Jackson tolde this deponent it was a trifling cause against the
said Lady by the said Lord Dennicourt, her sonne, and wished the
deponent to be for the Lady, but, the tryall goeing for the said
Lord Dennicourt, the said Jackson afterwards intreated the depo-
nent to conceale what he had said unto him, for my Lord Denni-
court was a great man, and he feared to be sued. For the riott,
the relator proved that William Leake had a sword, and his servants
that came with him had swords, but this was not held enough to
make a riott, for that it is commendable for a gentleman to weare a
sword, and his men to wait on him with swords. For the maine
practise about the deed.

That Sr Francis Leake 18 Sept. 18 Ja: made a deed limitting
the use to my Lady Leake, and to the said William Leake, of the
Manner of Haughton, with power of revocation upon tender of 20*,
that this was revoked by tender of 20* accordingly: the deed which
the said William Leake clay meth by was made in August 20 Ja :
this the said Sr Francis cancelled, as the relator proved by one
witnesse, one Francis Lance, a youth. Sr John Finch shewed
further that this deed was with power of revocation too, but by his
last will and testament. That 5 Sept. 22 Ja: the said Sr Francis
made a lease for yeares to the said Lord Dennicourt, rent 12*.
My Lady hearing that the former deed was cancelled, and that
Sr Francis was resolved that William Freake* should not have

• i.e. Leake.

ATTORNEY-GENERAL V. LEAKE AND OTHERS 81

Haughton Hall, shee 17 Sept. 22 Ja: procured Sr Francis to release
the power of revocation of the said cancelled deed, and getteth lands
called Meers lands in security, that this Mannor should be to her
sonne William Leake, and in Aprill, 1° Caroli, the when Sr Francis
was not of disposing memory, and in May following the said Sr
Francis dyed.

My LORD KEEPER said all this would not prove a sticking on a
new labell and putting a new scale to it ; to prove this, it is ende-
voured to be proved that Sr Francis pulled off the scale and labell
and swoare his sonne William should not have it, and this is by one
Witnesse.

Mr FOUNTAINE, for the relator, moved that the Court would
damne this deed seeing it was cancelled, and then set on foot againe
by the said Lady Leake when Sr Francis was of non sane memory;
but the Court was of opinion that it was to be dismissed to the tryall
of the lawe; that there was but one Witnesse's deposition, viz1:
Francis Lance, a boy, to prove the pulling off of the said scale.
And it is proved in the bookes that this Lance was turned away a
yeare before the supposed cancelling of the deed ; and that my Lady
Leake delivered the deed to one Mr Pimme, and he kept it till
Sr Francis Lcake's death, and she swoare it was the very deed, and
had a leafe upon the scale ; and it was proved how at the office the
said Lance was asked this question: Did you see this deed can-
celled? And he answered: I cannot say soe, but I sawe a deed
cancelled. For the fourth charge nothing was proved. The Court
dismissed the cause. Dismission.

CAMD. SOC. M

82

STAR CHAMBER CASES.

Before the

In the Starre Chamber, Michaelmas, 23 No. 1631, 7* Caroli.

Lord Keeper of the Great Scale.

Lord Privy Scale.

Earle of ArundelL

Lord Viscount Falkland.

Lord Bishop of London.

Lord Bishop of Win ton.

Sr Thomas Jarmin, K*.

Sr John Cooke, Knight.

Lord Richardson.

Lord Heath.

Chancellor of the Exchequer.

The King's

Counsell there.

Pl[ain]tiff.

King's Attorney ....
William Taylor, Toby Pedder, John

Tovy, Nicholas Browne, Robert

Mony, John Bolt, and Henry

Conger ..... Defend [an] ts.
For forstalling the marketts, malting contrary to the

King's orders, etc.* and inhancing the price of corne.
King's Attorney * '• Pl[ain]tiff.

John Lamond and Howell ap Richard Defend [an] ts.

For coyning of farthing toakcns, etc.

9 defendants were this day brought to the barre to heare
defend[ant]§. judgement ore tenua upon their confessions. The said Corne-
masters were examined by order of the Court before Sr John Finch
and Sr William Denny, and their several examinations were shewed

• Proclamation Sept. 20, 1630.— Rjmer, six. 195. Compare the orders in the
Council Rrgitttr, 1630-1*531.

ATTORNEY-GENERAL V. TAYLOR AND OTHERS. 83

uuto them ; and after they had acknowledged their names or markes
subscribed, their examinations were severally read. And first the
said William Taylor confessed he tooke notice of the King's Taylor,
restraint of malting by his orders and proclamation; he bought
some come out of market, he brought none of his barley to market;
he malted 30 quarters, and spent it in his house and in provision
for his shipping, and sent 40 quarters of barley to New Castle to
barter away for cole.

Toby Pedder confessed he tooke notice of the proclamation and Pedder.
orders: he had the last -y care 40 quarters of wheate, 10 quarters of
rye, 260 quarters of barly; he bought wheate for seed and sould
none at any markett in the country ; he bought 25 quarters of
barley for seed and sould none at any markett in the country; he
bought 25 quarters of barley for seed and 30 quarters for malting,
and put it out to malting ; he sould none at markett, but sould to
one of Peterborough 100 quarters of barley; and he sent 50
quarters more to Peterborough, and sould them out by small
measures since Christmas last.

John Tovy confessed he took notice of the proclamation, etc. : Torey.
he had 30 quarters of wheate, 5 or 600 combe of barley, and 15
combes of rye ; he bought some come, but sould none in the
markett, but sould 100 combe of barlie before hand.

Nicholas Browne, of Walsingham, in the county of Norfolk, Browne.
Gent, confesseth he bought come to sowe, that he hath a licence to
convert barley into malt under 2 justices' hand; he sould his come
that he had the last yeare at his house, some to the bakers of
Walsingham, and some to the poore at 1» a bushell; he malted 30
quarters for his own provision and sould some into Yorkshire, and
he spent 16 quarters in his family. Upon a further examination
he saith he bought noe come in the markett but contracted for it
there, and brought none to the markett, for that it is not the
custom to bring any to the markett in their parte of the country.

Robert Money, of Welles, in the county of Norfolk, yeoman, Money,
saith that Sr Ilamond Leatrange appointed him to overview the

84

STAK CHAMBER CASES.

quantities of come for the hundred ; he did not buy any corne this
yeare, he spent all he had, save some he sould to his labourers at
home ; thus of his wheate ; for his barley he sould 60 combes to
one of Ipswich, who by warrant, as he sayd, had authority to carry
the same to Ipswich, and some he kept in a chamber for the poorc,
and some he sent to London, where he sould for the best rates, and
when their hundred was provided for their Justices tould them
they might dispose of their corne as they pleased.

Bolte. John Bolt confesseth he had the last yeare 50 combes of barley,

30 combes of wheate, and 9 combes of pease; he bought 160
combes of barley, the most he converted into mault, and kept some
for the poore. Upon a further examination he saith he contracted
for the corne in the markett, but it was brought home to his house
by one Dutty; he confesseth he brought noe corne to the markett,
because Sr Hamond le Strange tould them they might dispose of
their corne as they would, and it is not the custome of their
country to bring corne to the markett; if they did none would buy
it, but they must be forced to carry it home againe.

Conger. Henry Conger confesseth he had the last yeare 100 combes of

rye, 20 combes of wheate, and 20 combes of barley ; he sould to
two citizens of London, a grocer and a baker, who had a warrant
from the Lord Maior and Aldermen to buy corne for the use of the
City of London, all his corne; that he bought sone corne for seed
but brought none to the markett.

Hamond. Then was likewise read the severall confessions of the 2 farthing

coyners, and first the confession of John Hamond, of the parish of
S* Thomas the Apostle, London, stationer. He confesseth that he
was at Latham, in Suffolk, and that he sawe there a devise or
presse to make farthings, but he sawe none made. He was carried
to the assizes, and delivered out of Bury Gaole; it is true he was
promised by Warner that he should hand a share of 35* a weeke,
but he deceived him; he had been in gaole and had no recompense;
that Warner made the tooles; that Warner had 18" in money of
him and 28" worth of copper, and he provided rules and cutters for

ATTORNEY-GENERAL V. TAYLOR AND OTHERS. 85

making of farthings, and at another tyme bought 10" worth of
copper and delivered it to Wood and Wootton.

Owen * ap Richard confesseth he had an iron mill for making of AP Richard,
farthings, and that he had wrought in it often, and sometimes at
Totnam High Crosse ; that they have made 5" worth of farthings
since Whitsuntide last; that he had some, and others of the partners
had some, and he put them away for butter, chese, etc.

Then Mr ATTORNEY shewed their Lordshipps that heere were two Mr. Attorney-
great causes before them, both to the hurt of the poore : these 7 are
great corne masters; they had great store, but would not bring to
the markett, and the poore they want it. In all places in the tyme
of dearth it is used, and hath been used in this Kingdome to sett
provisions for supply of the marketts, as it pleased his Majestic the
last yeare to sett forth ordinances wherein are at least 4 provisions
that speake of supply of the marketts, and this was in pursuance of
the common lawe, for the markett is ordained for that cause. For
these 7 men they all dwell neare together in Norfolk at Walsing-
ham, Welles, and Burneham; they make a market of men and
leave the corne at home, 1 5 E. 2, because that corne was exceeding
deare men were commanded to bring out their corne; and if they
did not then some were appointed to doe it; and I observe in
London a great number and quantitie of all commodities allmost
together, cloath in Watling Streate, a greate number of drugges in
Bucklersbury, a great number of fish in the fish streates, a greate
deale of flesh in the shambles : the reason is that men may see the
plenty of the markett : but when they see a great number of men,
and noe corne at Burneham markett soe that men cannot make an
estimate of the price of corne, this must needs inhance the prices:
but they say it is not the use of the country to bring corne to the
markett; this is noc good use, but an ill, and to be abolished, and
must needs be by combination between themselves; but they make
another excuse: they say the Justices directed them when their

• Howell in the side-note.

86 STAR CHAMBER CASES.

hundred was served to doe with their corne what they would;
heere they preferre the Justices' opinion against the King's direc-
tions. I speake not much against these gentlemen they are not
defendants, whether they were landlords and might hope for some
gaine by it I know not. They bought corne and sould all out of
markett, none did appeare in the markett : then we must conclude
there is a scarceity, and poe a dearth must arise, these men did buy
corne and contracted in the markett, and to have it brought to
their houses; soe the country must not see the fruit of the ground.
Va obtcondentij woe to hiders of corne ; they may buy tor seed, but
then they must bring some to markett for it, but they bring home
and sell abroad, not in the markett: these men have offended
against the common law, and by the King's ordinances sett forth
they were putt in minde of the common lawe what the lawe was,
but the[y] followed it not but followed the advice of the Justices of
peace that were deceived : and Mr Atturney shewed that it is in the
oath of the Lord Maior to sett prices on corne.

There is another provision for the poore, the businesse of
farthings, the poore cannot make their provisions in the great, and
therfore it is good they have an halfepenny in farthings to buy
plants and roots and herbes. 9 E. 3, the first statute for farthings,
whereby it was commanded that none should melt up the halfe-
pennies and farthings to make plate of them. 5 E. 3 in the 12
rolle, halfepennys and farthings were ordained for the Realme of
Ireland, shewing the necessity of farthings. 4 II. 4, chap. 10, a. 3,
parte of all the silver was to be made into halfepennies and farthings,
which all shewe the great care that was ever had for halfepennyes and
farthings. In after tymes they could not make farthings of silver
without great losse, for then silver was at 20d an ounce now it is at
5* the ounce, for the standard could not beare it, heertofore therfore
there were farthings made between man and man of brasse, and
they were lost. King James directeth and commandeth that there
should be farthings made of copper and they were found good, and
the ordinance good: now these men goe about to destroy the

ATTORNEY-GENERAL V. TAYLOR AND OTHERS. 87

making of farthings, and to breake him that is appointed to make
them, he must change them at soe much, at 18' a pound worth.
In all kinde of husbandry, men should sell more then they buy,
now, if this goe on, they must buy more then they sell. These
men have confessed the offence, they were plotters, they were
sharers, they gave the tooles; and this Hamond was heere heerto-
fore, and was in Bury gaole for the same; he saith he was coaened,
but that diminisheth not his fault; for this Owen ap Richard, he
was a workman and a sharer, I shall leave them all to your Lord-
shipps' censure.

These offenders were all severally demanded by the Lord Keeper The
what they could say for themselves. The 7 come masters answered
severally, some that it was their first offence, some that they fell Defendants,
into it unwillingly, but the most relyed on this, that it was their
custome not to bring corne to the market, and that the Justices
directed them, when their poore was provided for, to doe with their
corne what they would, and this they sayd in extenuation of their
offence, if any were.

The Court expostulated with them severally, and to him that
said he did not make mault himselfe, but put it forth to be made,
it was answered that this was Frammingham's case in Queen Eliz-
abeth's tyme; men must make mault in their owne houses : and to
them that said their custome was not bringing corne to the markett
my LORD KEEPER answered, with a deprecation: — God forbid
that Norfolke should be divided in custome from all England not
to bring corne to marketts : and my LORD RICHARDSON (who is
a Norfolke man) said that at Norwich and Yarmouth, and at other
places in Norfolk, there is great plenty of corne brought to the
marketts; for that these men pretend a custome for their parte of
the Country, and within 1 6 myles from home it is otherwise. One
said he was constrayned to sell his corne before he heard of the
proclamation ; but it was answered by my LORD KEEPER that he
sould his corne unlawfully out of markett. Mony, one of the
defendants, said that Frammingham's case and theirs did not agree,

88 STAB CHAMBER CASES.

for he was a decayer of tenements, and never would sell his come,
but lett it be spoyled. To this it was answered, that Framming-
ham was an inhancer of the price of come and soe were they, in
not bringing forth their cornc into their marketts.

The farthing coyners confessed their offence, and submitted
themselves to the Judgement of the Court Their milles and
engines were brought into the Court, and Mr. Atturney moved that
heertofore they were wont to be broken, and the parties put to
sweare they would use them noc more, and that the Court would
therfore consider what is to be donne with them: and it was
ordered it should be taken from them and kept safely, etc. ; and soc
the Court proceeded to the censure of both the causes together.
Censure of The Court declared that these 7 men were guilty of an high

offence against the King's orders and directions, and against the
common law, that the same orders were sett forth in King James
his tyme, and the same in effect in Quecne Elizabeth's tymc ; that
this their offence was likewise against the comon law and against
diverse statutes 31 E. 1, against forstalling 5 Eliz. against ingross-
ing and the auncient points of the charge. By Magna Cliarta we
are to inquire (said the LORD RICHARDSON) of all raisers of the
price of corne, that it was to make the shckell grcate and the
Ephah small, to harden their hearts againste the poore and to
grinde their faces, and it was well observed that both the foresaid
offences mctt at this center, the prejudice of the poore, for the one
would let them have noe bread, and the others noe small money to
buy bread : that their not bringing their corne to the market to
serve it caused a dearth ; for opinion makes a dearth att any tymc,
saith my LORD HEATH. The EARLE OF ARUNDELL was willing
to extenuate the offence saying that it was error in the country, and
hoped it should be amended, but yet agreed to their fynes. LORD
PRIVY SEALE would not censure Money for that he bought noc
corne, but sould only out of markctt. LORD KEEPER censured
them all for buying out of markett, for ingrossing and forestalling
the marketts. and for not bringing their corne to markctt, an high

ATTORNEY-GENERAL V. CARRIER AND OTHERS. 89

contempt against the King's orders and directions, and therfore it
was an offence exceeding fitt to be punished in this Court : and by
the vote of the Court these 7 were fyned 100U a peece, and to
acknowledge their offences at the Assizes for example to others:
and the 2 farthing coyners were fyned11 500 a peece, to be sett
upon the pillory, to be sent to the house of correction, to be there
set on worke and be imprisoned during the King's pleasure to be
declared under his scale manuell.

In the Starre Chamber, 25 No[vember], Mich[aelmas], 7° Carol! R[egi]s.
King's Attorney - - Pl[ain]tiff.

Richard Carrier, Clarke, Jennet his wife,
Samuel Noton, Richard Winckfield, Tho-
mas Godalby, George Wright, and al[ii] - Defend [an]ts.

The Bill conteyned three charges against the defend [an]ts ; the The Bill,
first was for oppressions and extortion supposed to be committed by
the defendant Richard Carrier and some of the other defendants
enjoying an office or place under him, or some person to his use
called Deputy Barmasters: the second charge was for two or three
severall riotts committed in prosecution of the said oppressions and
committed by the said Richard Carrier and his said wife and others
of the defend [an]ts : the third charge was for irreligious and pro-
fane speeches to the disgrace of the State and his Majesties governe- Sir Kelhnm*
ment, supposed to be spoken by the said Richard Carrier. For the to'foffow'thfs
first of these it was shewed by the Relator's Counsell that the canse.therforc
defendant Mr. Carrier, being a Clergyman and a Justice of peace the Relator.

• \4. Kenelm.
CAMD. 8OC. N

90 STAR CHAMBER CASES.

in Darbyshire, had obtcyned from his Majestic a lease of the tythe
oare and lead, and of the profitta of the lead mynes in the said
county of Derby due to his Majestic, and that the Patent was made
to one • Parker for the use of the said Mr. Carrier ; that he

that had the lease was allwayes termed and called their Barre-
master, that he had a Steward, and held 2 Courts by the year,
called the great Barremote Courts, in manner of two Leetes, besides
other courts called the little Barrmote-Courts. The Jurors were
as a grand Jury; there was sometimes 24 of them and they were
called Deputy Barre Masters: in these Courts they tried plaints
and differences betweene the minors for minerall causes : and the
Barre Masters, viz* the deputy Barre Masters, measured the oare
with a brasen dish and sett out the Barre Masters tythe, etc. The
oppressions and extortion was sett forth to be donne in this manner:
Richard Carrier sate in Court with the Steward : he directed the
Jury to fynd for which party he pleased, and threatened the Jurors
if they would not fynd as he directed them, they should be of the
Jury noe more, and used threatening words against the Jurors that
he would make the beggerly roagues stand in fear of him. That,
in every suit, the Deputy Barre Masters tooke of the plaintiff 6d,
and of the defendant 6d, and of every witnesse 4d to be paid by that
party that produced him, that Richard Carrier sate by, and refused
to lett the try alls goe on if the plaintiff denyed to pay his 6d,
whereas there was never any such fees due. That the Deputy
Barre Masters exacted and tooke gifterb oare with violence, and
would not measure their oare unlesse they would pay them their
giftcr oare, and, if they would not pay it, threatening to make the
minors to bring their oare to the Towne Hall to be measured by
the standard brazen dish, and the said Richard Carrier affirmed he
would allowe them their taking of guifter oare, and that it was as
due to them as the tythcs to him : and that they might take aa
quantity of guifter oare as much as they pleased.

• Blank in MS. b Aa a gift or fee.

THE ATTORNEY-GENERAL V. CARRIER AND OTHERS. 91

For the riotta that they were committed in barbarous manner, Proofes.
pulling the minors out of their groves* by head and shoulders, and
tooke away the oare from them which they had no right to, by
forfeiture or otherwise : That Richard Carrier and his said wife were
present, and she held a drawen knife in her hand, and said : — If I
should kill one of the rogues it were but an hanging matter. That
the deponent's grove was broken open, and 7 dishes of lead oare
was taken out that was not forfeited ; that the deponent repaired to
Richard Carrier, being a justice of peace, and complayned to him
against the riotters, and desired to have his oare againe, and the
partyes to be brought before him ; but the said AJr Carrier wished
it had been more, and said he would mainteyne and beare them
out in it who tooke the said oare away : that a tryall was had
against the said Mr Carrier, defendant, at the suit of one John
Eaton, pl[ain]t[iff], for himselfe and the King, upon the statute,
for that the said Mr Carrier, being a clergyman and having a
spirituall promotion, viz*, a benefice of 40011 per annum, had like-
wise taken a farme or lease of the tythe oare, called the lott and
cope,b from his Majestic, under the scale of the Dutchy of Lancaster;
and that the verdict went against the. said Mr Carrier, for that the
lease was made to one Parker for the use of Mr Carrier.

The profane words charged upon the said Carrier were 3 or 4
sentences or assertions spoaken by him at severall tymes since the
beginning of the raigne of the King that now is. The first was
this: — That there might be a purgatory for ought he knew, and
that it was noe harme to pray for the dead. The second thing was

• Grove or groove is defined in Mander's Derbygkire Miner't Glottary as "the
works that the miners make in the mines in sinking by shafts, driving by drifts,
cuttings, sinkings, drivings, pompings," &c.

b Mandcr, in the book just quoted, states that lot is a customary duty of
every thirteenth dish payable to the Crown or its grantees, and that cope is a
tribute payable to the king after the miner's liberty to sell his ore to whom he
pleases.

92 STAB CHAMBER CASES.

this, that there was a double persecution in our kingdome, one
against papists and another against protcstants. The third thing
was that it was never good since there was soe much preaching,
and for the people — hange them — let us gett what we can out of
them, and let them goe to the devill. The fourth was this: That
there went but a pairc of shecrcs between a papist and a pro-
testant, and that it was not a pinne to choose of which religion
a man is : and many witnesses were this day read on the relator's
part to prove the said charges : and the rest of the cause was re-
ferred to be heard the next tcnne : for this was the last Starre-
charaber day, but the day after the tonne, which is onely for
motions usually.

In the Starre Chamber, 25 Jan[nary], Hill[ary], 7 Car[oli] R[egi]s].

King's Attorney - - Pl[ain]tiff;

Richard Carrier, Clarke, and others - Defendants.

After that Sr John Finch for the rclator had recited the charges
of the Bill shorteley, and in breife manner naming the foule
speeches, the BISHOP OF LONDON and my LORD KEEPER viewed
their notes, and affirmed that the witnesses did not agree about the
said scandalous words.

An«were»and Then Serjeant Brampstone, for the said Richard Carrier, under-
took parte of the defence, and boganne with the words, and
affirmed that Mr Browne for the words of a double persecution is
but a single witnesse; and that John Jell for the words for purga-
tory and prayer for the dead, and those against preaching, is but a
single witnesse: that John Jell, Sr Humfry Ferris and Stone doe

THE ATTORNEY-GENERAL T. CARRIER AND OTHERS. 93

not agree of the words of the little or noe difference between a
papist and a protestant: that all the words fall out of the charge of
the bill as they are indevored to be proved ; and that there is but
one witnesse that speaketh of the tyrae that they were spoakcn
within the time charged in the bill : that the words that were spoakcn
about purgatory were by way of argument at a feast where the
said Sr Humfrey Ferris, Richard Carrier, and John Jell and others
mett; and that Sr Humfrey Ferris provoked Mr Carrier, saying he
would dispute with him for his Vicaridge of Wraxall : that the
witnesses the said Sr Humfrey Ferris and Mr Jell and Mr Browne
were accusers rather than witnesses ; that they complayned not till
about 4 yeares after the words, they put the accusation in writing
and desire to get others to witnesse them, and many witnesses were
read to make good this defence.

The same day Mr Littleton, Recorder of London, undertooke the
other parte of the defence touching Mr Carrier's actions ; he im-
peached some of the relator's witnesses, and some that they are but
single witnesses for what they say, and then came to the supposed
oppression of the minors and the riotts ; and shewed the story of
the differences betweene Richard Carrier and the minors. Michael-
mas, 17 Jacobi, there is a suit betweene Richard Carrier and the
minors for denying their tythes, and 20 Jacobi a decree in Chan-
cery that Mr Carrier should enjoy his tithes. Then a suit was
begunne in the Dutchy Court against some of the minors for lott
and cope and gifter oare, and 13 February, 1 Caroli, a direct order
in the Dutchy Court for the injoying of the tithe and of the gifter
oare. 3 Caroli, Trinity, there is an information in the Exchequer
for taking of the gifter oare; and June, 3 Caroli, a little before this
suit, they make an affidavit, wherein they sweare as much as they
complaine of heere, and their suits mainteyned by contribution of
the minors. 4 Caroli, they bring this bill. The gifter oare is
taken by the deputy Barremastcrs for their paines in going to the
severall groves of the minors to measure their oare, and they deserve
it for sometymes they goe to measure oare two or three myles; and

94 STAR CHAMBER CASES.

if they tooke not this paynes, the minors are compellable to bring
their oare to Wrazall to the hall there to be measured, that hccre
they doe but make good their bill and affidavit in the Exchequer.
That for the countenancing of causes it is not charged in the bill
but in generall, and that a generall charge is not good, but the
court agreed if there be a perticulare and in that a generall, the
proofc of the generall with the particulare shall aggravate, etc., as
if the charge had been that he had countenanced a cause betweene
A.6. pl[ain]t[iff] and C. defend[an]t for the pl[ain]tiff and many
other causes, etc., that the jurors continue for a long while, and
they change none but upon death, voluntary absence, or sicknesse,
that the foreman of the jury, Mr. Carrier's parish clarkc, was a
minor, and a fitt juror, etc., that the riotts were but lawfull execu-
tions of judgements in the said minerall court, and Mn Jennet
Carrier had a knife in her hand, it is tme, to tally a sticke to shcwe
how many dishes full there were, and for the words supposed to be
spoken by her, there was but one witnesse, etc. ; and divers witnesses
to make good this defence ; and this was all that was donne this
day, saving two or three motions which were before this cause
beganne.

Mr. Hudson's The first motion was by Mr. Hudson for my Lord Keeper against
Bonham Norton:1 he was sentenced in this court, wherupon there
went forth an extent to seize his lands and goods, one of his friends
advised him a little before the hearing to passe away his estate,
which Bonham Norton did within 3 weekes after the cause was
sett downe for hearing. A certificate heerein was made by 2 of the
judges, Lord Richardson and Lord Cheife Baron, to whome it wit
referred, by order, and it was now read purporting that a bargaine

• He had been one of the King's printers. He was charged with spreading a
rumour thai Lord Keeper Corcntry bad taken a bribe. See List of Causes, June 1 7
1680. W. Dom. clxix. 5.

MOTIONS. 95

and sale was made by Bonham Norton to one Joyce Norton of his
house, and all his stationary wares and goods to the value of 4000U,
and this was in consideration of better security of 800H debt which
was before sufficiently assured, his shoppe was not assigned with
the house, but he kept the shoppe and his apprentices sould the
bookes, and bought things to drive the trade and that he had noe
benefitt by the said deed, all which they thought were badges of
fraud, etc.

This deed was adjudged fraudulent in respect of this sentence and
made to defraud the execution thereof, and therefore ordered to
remaine heere in court, and not to stoppe the execution of the
sentence any more, and the fraud to be punished as a contempt.

There was also another motion made by Mr. Atturney against Mr. Attorney,
the ranger and others of a chase called a Chase, which

was to be disafforested by consent of the country, in the Exchequer,
the said ranger, as appeared by an affidavit read, intertained one
called Skimmington and lett him hunt and kill a deere, and he Disafforest-
threatened and used some violence to the agents there for the king, ation*
that he would serve them as he did others that intrenched upon his
liberties in the forrest of Deane. Mr. Atturney moved for a serjeant
at armes to goe for the ranger and some others, and it was granted,
and a commission to be given to the serjeant for assistance to 3
counties.

• Blank in MS.

96 STAB CHAMBER CASES.

In the Stem Chamber, 27 Jan[nary], Hill[>ryj, 7 Caroli B[egi]s.

King's Atturney - - Plaintiff.

Richard Carrier, Clarke, and others - Defendants.*

R«pl7- Sr John Finch for the relator this day replyed. First he acknow-

ledged the justice of the Court in hearing this cause, and added this
sentence, Unum pondus una menmra. He shewed that Mr Carrier
bought the Barre master's place, and the tithe oare of the lead mines
called the lott and cope in his brother's name b Parker,

yet by reason of this graunt Mr Carrier tooke the proffitts and
oppressed the minors. He appointed the steward and deputy barre
masters, and when one complayned to him of one ol these riotts he
misused his office of justice of peace, and said he would beare out
the riottera in what they had done. That Thomas Bold was an un-
6tt man to be foreman of the jury because he was Mr Carrier's parish
clarke, and noe minor. Confessed that Anthony Stevenson was ft
fitt man; and whereas it was objected on the other side that to
prove the violent taking of the gifter oare there was but a single
witncsse, Sr John shewed they had forgotten to read one, and that
was, Ephraim Ferae, w-ho saith that he hath seen and knowen the
cheife and deputy barre masters to have and take 6d. of the plaintiff
and 6d. of the defendant, and 4d. for every oath administred in
causes sued in the said Barmote Court, and to have taken gifter oare
by force; and that Mr Carrier said he would make it good, for it
was due to them as lott and cope to him, and that the deputy barre-
masters might take what they list.

The proceedings in other Courts are called a story ; but it is of
record. Those suits were for tythes and not for gifter oare. It is
true there was an affidavit and an information in the Exchequer,

• Continued from p. 94. b Blank in MS.

ATTORNEY-GENERAL V. CARRIER AND OTHERS. 97

and the suit in the Dutchy was the same and the prosecutor there
was but poore being followed onely by one Godby. This informa-
tion heere was .put in by Mr. Attorney, and although Mr Carrier
demurred heere because of the suit in the Dulchy, yet it was over-
ruled, and ordered that he should answere.

There was a necessity that the Barre Masters place should be in
the name of Mr Carriers brother lawe,a but it was to his use; yet he
sweares he hath nothing to doe with it, yet as Barre Master he will
sitt in Court and countenance causes and threaten juries; yea, but
it is objected that this is not charged but generally as the coun-
tenancing of causes and directing of juries. Then the charge of the
bill was read, viz., that Mr Carrier as Barre Master aforesaid in his
owne name or others did sitt in the Court and countenance causes
and directed the juryes. Sr John Finch saith the bill is heere in
reasonable manner; certaine that a bill heere is not to be soe strictly
taken as at common law ; the declaration is to be taken : if there be
superfluity in the bill shall that hurt the charge? or shall it con-
clude the Court upon evidence not to fynd the truth.

Mr Hudson objecteth that it appeareth by the defend[an]ts answere
that he is not Barre Master: but the Court declared that it was
against the rules of the Court to read the Defend [an]ts answere but
at request of the plaintiff, and that the answere of one defend [an] t
could then onely be read against himself, and not against other
defendants, unlesse the hearing be upon onely bill and answere;
and that the answere of the wife could not be read against the
husband that it was soe resolved; but it was objected that in a great
cause lately the wife was a witnesse against her husband, it was
answered that the wife was there a party grieved and complayning
for the king, and there was noe other witnesse.

For the matter in the Exchequer and the Dutchy it is the same
with this, but it is noe new thing to complainc heere for matters
beginne in other Courts.

For the justifying of the gifter oare to be taken that the order in

• i.e. Brother-in-law.
CAMD. SOC. O

98 STAR CHAMBER OASES.

the Exchequer was but to send it to the Court where it was before,
and the order in the Dutchy was since the information in this
Court. It is true there was some given to the Deputy Barre
Masters for their paincs, and it is called therefore giftcr oare, and it
was left to the minors wills freely to give, but that they should take
what they list is uureasonable.

For the contribution that was alle^ged, there was none in this
cause and it may be by leave of the Court, and that the Lord
Keeper hath given such leave in the Chancery.

But it was objected by Mr Recorder and soe agreed by the Court
that the bill ought to shewc what cause in particulare was coun-
tenanced and what jury threatened and directed, etc., or els the
defendant cannot make his defence possibly, for he knoweth not
what the plaintiff will particularly insist upon.

Sr John Finch proceeded to speake of the charge and proofes
thereof concerning the words. He shewed the words were divided
into 4 particulares. 1. That there might be a purgatory; and
2. That there was a double persecution of the Papists and Protestants
and both by the lawes of the realmc. 3. That it was never good
since preaching came up, and for the people, hang them, let them
goe to the devill. 4. That there went but a pairc of sheeres between
a Papist and a Protestant, and not a pinnc to choose of what religion
a man is. It is objected that some of the witnesses are willing
witnesses and they sett it downe in writing ; it is true they tooke
care to sett it downe for it was to be complained of to the king It
is objected these were but table talke, and at a feast, etc., yet they
are foule things and not fitt to be concealed. Should treason epoaken
at tables be concealed? Though Sr Hum[phrey] Ferris beexcepted
against for provoking Mr. Carrier to dispute with him, and Mr.
Borne for that he is an officiall and tould not his Ordinary of it
according to his office, and that he is a Puritane, etc. ; yet Mr. Jell
is voyd of all exception. They say that the words, not a pinne to
choose, were spoaken at a feast in King James1 tyme. Those words
we say were ppoakcn at divers tymes and att the feast also, and
Thomas Stone proves the feast to be in King Charles his tyme.

ATTORNEY-GENERAL V. CARRIER AND OTHERS.

99

In the Starre Chamber, 1 Feb[raary], 7° Car[oli], R[egi]s. Hillfary].

Lord Keeper of the Great Scale.

Lord Privy Scale.

Earl of Arundell.

Earl of Pembroke and Montgomery.

Earl of Dorsett.

Earl of Bridgewater.

Lord Viscount Wentworth.

Lord Viscount Falkland.

Bishop of London.

Bishop of Winchester.

Sr Thomas Jarmin, K*.

Sr John Cooke, Knight.

Lord Cheife Justice Richardson.

Lord Cheife Justice Heath.

Chancellor of the Exchequer.

King's Atturney ..... Pl[ain]tiff.
Richard Carrier, Clarke, and others . Defend [an]ts.

This cause came this day to be sentenced. My LORD COTTING- Lord
TON found Mr. Carrier and others of the defend [an] ts guilty of the
violent taking of the gifter oare and of 2 of the riotts charged in the
bill ; he found Mr. Carrier not guilty of the exactions of fees and
countenanceing of causes, not but that there was enough proved, but
this was not charged in the bill particularely. For the scandalous
words they were very foule, but seeinge they were supposed to be
spoken by a person of good note, a man of 40011 living a yeare and
a justice of peace, this ought to be the better proved. There are
two witnesses for the words of the sheeres, but yet they agree not of
the tyme (there went indeed a paire of sheeres betweene these two

The King's
Connsell there.

100

>i AI: riiAMr.i i: < ASI.S.

Lord Heath.

Lord

Richards- >n.

religions but they cutt them quite asunder); and there is but a single
witncsse a peece for all the rest, and againe if they had been well
proved and well laycd, he should have referred the most of them to
the Lords of the High Commission.

My LORD HEATH thought Mr. Carrier in his privat opinion guilty
of all the offences laid to his charge, but could not sentence him
because some were not charged, others not well proved. The words
were scandalous to the Church and State, and he leaft them to the
High Commission ; yet for some, if they had been proved, he sayd
he should have sentenced him. It is said that this was at table, and
spoaken by way of argument; it is hard I confcssc to call in question
for all that is spoaken at table ; and yet this should not have been a
table argument; but 2 witnesses doe not agree of them, and therfore
he docth not sentence him, howsoever he thinketh his tongue was
soc lavish that he spake all. For the oppressions he discharged him
for that it was not fully layd in the bill. For the guifter oare he
docth not determine the title; but yet it is by consent and free guift.
It is well Mr. Carrier hath the tithes, for mines are not titheable by
the lawe because they doe not renovare. The riott against Buxton
is fully proved against Carrier and his wife and others; ami these in
him being not single offences deserve the greater fines.

LORD RICHARDSON thinketh tn foro Conscientia Mr. Carrier
hath miscarried himselfe: he blamed Mr. Jell for making his cuppcs
a snare, and reporting what was discoursed at his table, and disliked
Sir Humfrey Ferris that would dispute with Carrier for his
benefice of which he was not capable. This, he said, was according
to the insolency of the tymes, people will teach Divines divinity,
Judges the lawe, and some will teach States men to governe. That
in the bill there are words, and there are actions laid to Mr.
Carrier's charge. He disliked Mr. Carrier in all, but should not
sentence him in all he said, because some thinges are not certainely
layd, other things not certainely proved : the words that there was
a double persecution in this land, one against papists and the other

ATTORNEY-GENERAL V. CARRIER AND OTHERS. 101

against protestants, and both by the lawes, these were heynous
words if they hud been proved ; never any papist tooke the statute of
1 Elizabeth for I2d. a Sunday for a persecuting lawe, and for those
other complained of 21 H. 8 and 31 Eliz., they are most excellent
lawes, and they conteyne nothing but what is in the Canons. The
next words proved by Mr. Emanuell Forde, that 4 sermons a yeare
are enough, it seemeth he is of that good minde, and for the other,
hang them, lett them goe to the devill, these were to be punished,
but he disliked Mr. Borne for not com play ninge of these words
sooner. For the words of little or noe difference bctweene a
papist and a protestant, if they had been proved I should have
sentenced him, said my Lord Richardson : it may be he read the
Catholick Moderator, but not the answer to that which sheweth
26 differences betweene us and the papists, and I am sure (saith my
Lord) 20 of those are substantial differences. For purgatory and
the rest his Lordshipp leal't them to the High Commission; for
Mr. Carrier's deeds they are foule, but yet they must be well
proved and well layd, or els not heere to be punished ; and for the
exactions and oppressions they are not well layd, onely that for
the taking of the guifter oare is well layed and proved: but for the
fees that are proved he tooke Qd. of the plaintiff and 6d. of the de-
fendant, this is not charged, therfore gaudeat de bona fortuna. But
whereas he sate as Barre Master and soe charged, and yet denyeth
he is barre Master, if the exaccions had been particularly charged
I should have sentenced him for all this. This is like Sir William
Brunckers case reported by my Lord Dier. Sr William Bruncker was
chosen High Sheriffe of Wiltshire, a commission went to a precise
fellow for taking of his oath, who advised him not to take it, but
returned the commission and made a false returne that he was
sworne : and a bill was afterwards brought heere against the Sheriffe
for perjury against his oath, and upon hearing it appeared he was not
sworne, and he was fyned 100" for not taking the oath, but these
exactions being not particularly charged in the bill as they ought to

102 STAR CHAMBER CASES.

have been I shall not fyne him, said my Lord Richardson. For the
gifter oare if it were due, yet it is not to be taken by violence; he
might have been contented with the tythe, for such things are not
tytheable by the lawe, they are like those ferec natura, decre,
conies, hares, stone; tythes are de contingentibu* renovantibu* and
accidenti&tis, but yet upon the custome ha had a decree and a
verdict. Therfore for the violent taking of the gifter oare, and for
one of the riotts, he sentenced Carrier (but not his wife), and 3 or 4
others of the defend [an] ts for the force and riotte.

Sr JOHN COOKE. — Ministers if they doe well are worthy of
double honor, but if they do ill worthy of double punishment
There was a petition against this man to the Counsell, it was
attested, it was heard, and the King made acquainted with it, by
whose owne directions this cause was brought hither. Sr John
found much fault with Mr. Carrier for his covetousnesse, that he
having 400" a yeare could not be contented, but must have this
lease of 1000" a yearc more, and yet use oppressions, and he would
make the beggcrly knaves to feare him : extortions and open sale of
justice, for if they would not pay those fees that he would have
them pay, their causes must not goe on. I thinke these as branches
of the first charge are charged in the bill, saith Sr John. It is
acknowledged he did cause his deputy Barremasters to receive
gifter oare, and that they might please themselves, and take what
they would. He thought him guilty of all the words charged:
first he knewe not but that there might be a purgatory, and noe
difference betweene a papist and a protestant, but a paire of sheeres
between them, this is a scandalous speech and full of ignorance and
deserveth a great punishment: it may be he readeth not the
scriptures, nor the ancient Fathers, the Greeke Church alwayes
contested against purgatory, the Pope indeed hath made a very
gainefull article of this; or it may be he is rather achadcmicall,
even disputeing, but houlding nothing : and to say there was equally
a persecution of papists and protcstants by the lawes of the King-

ATTORNEY-GENERAL V. CARRIER AND OTHERS. 103

dome was most scandalous: but the fourth and worst speech, that
never well since soe much preaching, and, for the people, hang
them, lett us gett what we can out of them, and lett them goe to
the divell, he denyeth that he spake those words; but that he said
prayer is also necessary, what puritane will deny this ? I think he
hateth noe sinne soe much as preaching, and that he is not guilty
of it. He saith Mr. Borne is a puritane, but till he prove something
to the contrary he shall be taken for a reverend and grave divine.

He saith these were willing witnesses, but that is cleared ; that
there was a contribution, none it proved, and it is not fitt this man
should escape upon pretence of being not charged. He abused
his office of Justice of peace, and my Lord Keeper was moved to
putt him from the bench; this was not a warneing to him, but
afterwards he soe carried himselfe that he was indicted and found
guilty for a common barretor and oppressor of his neighbors. That
the said Mr. Carrier hath soe miscarried himselfe that not a worse
man can be as he thinkes, and for Mr. Jell and the rest of the
witnesses they are men of good value and reputation, that Mr. Jell
was not a willing witnesse, for he came not but upon threatening of
the attachment of the Court.

Sr THOMAS JARMIN verely thinketh these tilings are true, but ifsrTho.
they were proved he should sentence him deepely, for the words of Jarmin-
the pair of sheeres between papists and protestants, I think soe too,
and that the sides are soe unequall that I hope Mr. Carrier shall
never make them agree ; for those ungodly words, Lett us gett what
we can out of them, and lett the rogues goo to the devill, there was
a common saying, that, trifles in the mouthes of priests were blas-
phemies, what then if blasphemy it seife be in their mouthes ?

The BISHOP OF WINCHESTER found the violent taking of the Bishop of
gifter oare and one of the riotts, and came to speake of Mr. Carriers
words. He suspecteth it is presented out of malice; he confessed that
at first opening he could not remember a speech of a grave and learned
judge of this kingdome after he had heard a sermon preached by

104 STAR CHAMBER CASES.

one of this man's name Carrier at Greenwich before King James.
Will you anything to Rome, there is a carrier packing thither very
shortly. If these were all true against this man I would say he is
packing by the way of Rome to hell ; but in respect they are not
fully proved 1 cannot sentence him, saith the Bishop; for the double
persecution there is but one witnesse of it, and for the 1*. a weeke,
this is noe persecution, nor those lawes against simony, they are
wholesome and good lawes. For the paire of sheeres; if he had
medled with St. Austin and the Fathers, and not medled so much
with these workes underground, he might have knowen the difference
betweene the Church of Rome and us : for my part if that were in
the Litany which was in the tyme of King Edward : From Turke
and Pope Good Lord deliver us, I should be the first man to say
Amen to it : I confesse a pair of sheeres went betweene ; but all the
botchers in England and Europe shall never make up the rent: when
the Church of Rome shall purge herself of detestable idolatry, boudy*
tenents, superstition, etc., and such like impious opinions, then, and
not before, I agree to a reconciliation. For the words of purgatory
I fynd much fault (saith the Bishop) with Mr. Boarne for not com-
playning sooner; the proofes come not home heere, but he must
make his purgation in the High Commission; and if they are not
in the articles there preferred, that they be put in additionalls.
BUbop of The BJSHOP OP LONDON saith, I shall not sentence him for the

exaction of fees, imbraccryes, and countenance-ings of juries, though
they are never soe true ; yet God forbidd but he should have liberty
according to all lawe and the lawe of nature to make his defence,
which yet he cannot doe unlesse the charges be particulare, as they
are not as it seemeth. Howsoever the taking of the gifter oare is
charged and proved, and one of the riotts proved on Mr. Carrier
and others. For Carrier's words, he is busy with the state, and
busy with the lawe. First, he chargeth persecution upon the State,
that this persecution is by lawe upon Papists and Protestants; it is
a charge that which way soever the Church turns yet persecution.

• bloody.

ATTORNEY-GENERAL V. CARRIER AND OTHERS. 105

Of what religion then is the State of England? Seeing the reverend
judges have expressed a great deale of love to the Church give me
leave to expresse my love to the lawe, said the Bishop, and soe com-
mended the lawe for 12d. a Sunday: 52s. a yeare is noe persecu-
tion : and likewise the lawe for residence which he holdeth a very
good lawe ; and that with the Spanish Divines he holdeth residence
dtjure divino, but if they erred in anything it was about personall
residence; there must be a vertuall residence, viz., all the dueties of
residence performed by a sufficient deputy, for there be many cases
which warrantably may drawe a carefull minister from his flock,
infirmity, necessary businesse, businesse of the State and Church,
imployment in controversies, etc. And soe for the Statute against
Simony, it is a very good law and conteyneth noe more then is in
the Canons of the Church, nor soe much, for there are many cases
Simony by the Canon which are not by the Common Lawe.

For this man Carrier when he talks of religion he is in a slowe,*
surely he is a very indifferent man.b I have heard a proverb of two
badd men but a paire sheercs betweene them. Is it soe of our reli-
gion and Rome's? Looke upon the 39 articles of the Church of
England and the Common Prayer booke, the publique expressions
wherein our Church differeth from the Church of Rome, and you
shall find 16 generall heads wherein the Church of Rome stands at
east and north east the quite contrary points of the compasse. A
contradiction is the greatest difference; one side is true, thother
false ; it is true the sheeres have cutt the good cloth from the list, it
is not a cutting from list to list, it is true that men on the other side
have been too much heated that whereas the difference is greate they
pray that it may be greater ; here is a great deale of want of charity.

For his purgatory, it is u good and safe opinion for him, there
he may make his purgation thereis some molification to be had
because this is pardoned, it is soe long since, and by way of argu-
ment at table, when, if ever, men are ready to offend, I blame them
that make religion table talke, as if they had noe other tyme to

• i.e. slough. b A man who makes no difference between the Churches.

CAMD. SOC. P

106 STAR CHAMBER CASES.

spare for it but among their cupps; inter pocula non philoKophan-
dum : I blame those likewise, as Mr. Boarnc especially, that com-
playned not of this all that while.

For those words of neglect of his calling saying Noe matter for
soe much preaching, and Hang them, roagues, let us gett what we
can of them and then lett them goe to the Devill. There be 2000
soules that he hath cure of and if they goe to hell through his
neglect, he carryeth them thither, and he is not farre off, nay he
shall have a deep doome. I cannot yet believe that he should be
soe vile and gracelcsse as to speake this. For Mr Boarne and him
there is a suit betweene them crosse one against the other, in the
High Commission, that Mr. Boarne having a deputation, and not to
complaine of this to his ordinary, I cannot hold him excused ; and
yet I think fitt he should make his purgation for those words, for
heere is more then a fame, sayd the Bishop

FALKLAND, WENTWORTH, BRIDOEWATER, but shorte, and
Donett. DORSET. Though much cunning hath been used at barre and other-

wise yet the Ethiopian cannot be made white : I find hy in a wolfe
robbing in sheepe's cloathing, given to covetousnesse, rapine, ruine ;
and I fynd he doeth not preach, and therfore if he cannot read I
would not have him saved by his booke. — He hath sinned against
the State and against religion in generall charges and particulars,
and instead of blessing he curseth his people : I fynd him likewise
charged with many oppressions; I think him guilty of all, but
shall not sentence him soe, because not proved or not sufficiently
alleaged. Unto the Tribe of Levi I beare a good affection, and
never better respected any ministry then that which is now, yet
one Judas and one Simon Magus amongst the rest, if he had chosen
Maries parte and Mr" Jennet, Marthaes; if had not flayed his
flock but fed them, if Mnt Jennet Carrier had been at home armed
with her distaffe and spindle, and not with a knife and a tally in
the feilde, this might have been spared; but because men may
knowc at what price they may profane God and abuse men, rather

ATTORNEY-GENERAL V. CARRIER AND OTHERS. 107

then not to concurre with the highest censure I could wish it had
never come heere.

PEMBROKE but little.

ARUNDELL, That this cause was very worthily brought heere, it Anmdell.
had an honourable hearing and tyme was well spent in it. For
Carrier that he hath shewed himself a very wicked man both hu-
manely and divinely, but that the words were very uncertain, and
he liketh not with Sr Hum fry Ferris to challenge Mr Carrier, nor
with Mr Fell, though he were called yet he owed a great deale to
the lawe of hospitality: and that Carrier is not to be commended
for his carriage.

LORD PRIVY SEALE saith this cause concerneth the Church, and Priyy Scale.
Commonwealth ; and the spirituall parte hath been well dilated by
the Bishops : the charges against him are for oppression, counte-
nancing of causes, champerty, riotts, injustice, and scandall. — For
the facts they are well proved, he is Judge, Justice, Barremaster,
and Lord of the Manner too : for the riotts they are foule, to pull
men out by the quarters, etc. for the words some are ill proved, some
ill layd ; he is very easy to be of any religion ; for the words of the
paire of sheeres, they are proved by 4 witnesses as I take it; in
giving sentence we must take things strongly against the party.
There are two witnesses that speake of them directly, and the third
is that Parker reproved him : Fye, cosin Carrier, it is not fitt such
words should passe from you. 4l? the Commissary Boarne; he saith
that these are most malicious, scandalous, and seditious words, and
saith it is noe hospitality to speake treason nor to conceale treason :
and that gentlemen ought not to be discouraged for discovering the
truth, or reveling this foule nature.

MY LORD KEEPER saith he will speake last and least seinge the Lord Keeper,
cause hath been soe fully opened, the temporall matters by Mr
Secretary Cooke, and the Ecclesiasticall by my Lords the Bishops,
soe zealously and clearely shewed that I need say little. Mr Carrier
came into this Court and goeth out as faulty as ever I knew any :
his odious words, that of purgatory if they had been proved yet

108 STAR CHAMBER CASES.

they were to be sentenced by the Ecclesiasticall Court: for the
other as many as are proved they doc extremely well deserve the
censure of this Court. For the words that it was never well since
soe much preaching was, and for his parishioners, Hang them
rogues, lett them goe to the dcvill, these were most profane
speeches, but not to censure him because there is but one clcare
witncsse of them. For the words of the paire of sheeres and not a
pinne to choose, I thinke under favour this is proved, there are
two witnesses of the body of the matter, but they vary of the tyme
one saying it was within 5 yeares thother it was within 5 or 6
yearea. For the extortion other then the gifter oare there is noe
direct charge; and for Buxtone's riott.

Sentence Soe by the vote of the Court, Carrier was fyned 500" to the

King, to be imprisoned, that he shall be made uncapable of the
Barre Masters place, and to that purpose His Majestic to revoke
and question his dispensation, and to be imprisoned. M™ Carrier
was fyned 50" to the King, and to be imprisoned. Xoton and
Wright 100" a peece, and Winckfield and Cadman 20" a peece, to
be paid to the King, and imprisonment.

In SUrre Chamber, 3 February] Hill[ary] 7 Car[oli] R[egi]».

Theophilus Earle of Suffblke pit.

Sr Richard Greenfield * Baronett defendant.

Bill. The Earle of Suffolk complayned by his bill of Sr Richard

Greenfield, but whereas he had been a meanes to procure his Lady,
in a just cause, alimony against the said Sr Richard till the cause

• Sir Richard Grannie. See Clarendon, Till. 135-6. Lady Grenrile had been
prcriouslj married to a brother of the earl.

SUFFOLK V. GBENTILE. 109

were heard in the Ecclesiastical Court, and the said Earle of
Suffolk sent a messenger with the order to give Sr Richard notice
to pay the said alimony. "Wherupon the said Sr Richard brake out
in words before the said messenger, and the Lady Greenfield, and
others, saying: The Earle of Suffolk is a base Lord and hath dealt
basely with me; and sent a message unto him with these reproch-
full words : Tell him he is a base Lord and hath used me basely
and he shall knowe as much, etc.

The defendant pleaded Not Guilty, and endevoured to excuse Answere.
himselfe for not defending himselfe in examining his witnesses to
the contrary, and upon the reputation of the witnesses.

This cause came to be heard and sentenced this day : My LORD Sentence.
RICHARDSON shewed that the Earle of Suffolk wus a noble Lord
and a man of great office and trust and honorable in his birth and
actions and not base: these words were very foule and dishonorable:
it is a tainting of all honor, the olde law was to cutt off the tongues
of such men, all honor is founded in the Jung: this is against the
statutes of Westminster, 1, 34, and 12 R[ichard] 2, 30, and Booke
of Assizes. Lord Cheife Baron brought his writt against a Lady
that called him traytor, and his declaration was that it was, in
despite le Roy.

THE BISHOP OF WINCHESTER said that Sir Richard Greenfeild
had touched the highest bloud in the kingdome, that his actions
are according to his degree and parentage, and related what he
heard the Lord Treasurer Burleigh say long agoe, upon the
comming forth of Dollman's booke, that he would boldly justify
the house of Suffolke from the Earles of Norfolke to be descended
of Edward the 4, the offices of my Lord of Suffolke were greate,
Captaine of the pensioners, and Lord Gardein of the Cinque Fortes.
Sr Richard Greenfield is a souldier, and a coronell; a man of good
deserts otherwise. But the tongue should not be the souldier*8
weapon, said the BISHOP OF LONDON.

Soe by the vote of the Court Sr Richard Greenfeeld was fined

1 10 STAR CHAMBER CASES.

4000U to the king, and adjudged to pay 4,000" dammages to the
said Earle of Suffolke, and to be imprisoned during the king's
pleasure.

A cause of contempt by one Mr Cotton, defendant in a cause
in this Court against one Mr Tuke, whose Sonne was
heere plaintiff, and against one Noble and his wife,
Butler and Edmonds and others defendants, which the
said Mr. Cotton grounded upon the affidavit of one
Stevens, and an Irish footboy.

There was a suit in the Ecclcsiasticall Court by the said Mr Tuke
the sonne, touching a precontract against Mr Cotton and his wife,
the sole daughter and heire of Sr John Stanhopp, which was
sentenced against Mr Tuke, and an appeale therupon to the Dele-
gates, where it resteth undecided.

The said Mr. Tuke the younger brought his bill heere against
the said Mr Cotton, Kilborne, Noble and his wife, Butler, and
Edmonds, defendants, for perjury, subornation of perjury, com-
mitted in the Ecclcsiasticall Court.

The AfficUrit The said affidavit was to this purpose ; that Mr Tuke the father
and proofes. jjft(j COmbyned and practised with Noble and his wife, and the said
Butler, three of the defendants, to make what answere the said Mr
Tuke the father pleased to his Sonne's said Bill, and therein to
charge the said Mr Cotton with subornation of perjury by them-
selves committed in the said suit; that Mr Tuke got Council's
hand to their said answcre, and gave them money, and gave them
their dyct fortnight together, and payd the charges and releived
and gave money unto the said Butler, and kept him in prison in

COTTON'S CASE. Ill

Newgate, till he would make such answere as aforesaid, that he was
at last willing, and Mr Tuke the elder ingrossed the said Butler's
answere with his own hand, and gott a Councellor's hand there-
unto.

Mr Tuke made his defence that this was a plott on the other side The defence
by Mr Cotton to take away his Sonne's testimony from him and to and sentence,
prejudicate his cause in this Court; and it was moved by him that
Noble and his wife might be read as witnesses to this; but it was
much stood against, and ordered by the Court that they should not;
for heere by their affidavit they were accused as well as Mr Tuke,
and they are not to be heard to cleare themselves by way of wit-
nessing for themselves or another. That this practise was not
complained of for the space of two yeares after it was supposed to
be donne. For the affidavit men : one of them is an Irish runne
away footman, and the other, Stevens, is a common barretter and a
man of very evill fame and behaviour. Crowne, the Sollicitor, who
is left as a man on both sides, he chargeth not himselfe and there-
fore a witnesse not to be beleived.

It was moved by my LORD RICHARDSON that this was not to be Sentence,
sentenced till the cause it selfe in this Court came to be heard, for
the wrong els would fall upon Mr Tuke the younger, whose cause
it is, and he is not called heere. LORD PRIVY SEALE answered
that it stands with the presidents of the Court to sentence an
intervenient practise in a cause depending before the hearing.

Soe the vote of the Court was that it should be presently sen-
tenced: and Mr Tuke the elder was fyned 100h for this contempt,
and to be imprisoned and disabled in their testimony for ever.

112

STAR CHAMBER CASES.

In the Sum Chamber, 20° Aprilis, 1632, Annoqae R[cgni] R[egis] Carol! octaro.

Thoma?, Lord Coventry, Lord Keeper of the Great Seal.
Henry, Earle of Manchester, Lord Keeper of the Privy Seal.
Henry, Earl of Danby.
Before { Sir Thomas Richardson, K[nigh]t, Lord Cheife Justice of

K [ing's] Bench.
Sir Robert Heath, Knight, Lord Cheife Justice of Common

Bench.

King's Atturney - Plaintiff.

Theodore Kelly, gentleman, ore tenus • Defendant.

Mr Atturney shewed that this Theodore Kelly had written a
letter to Sir Arthur Gorge, Knight, tending to a challenge, and
produced the letter, which was read, vizt. that he was as good a
gentleman as himselfe, and had learned soe much att Cambridge
that Sir Arthur was to expect noe other from him then he pro-
mised to doe vnto him, which was to cudgell him, &c. And soe
he rested, Theodore Kelly.

His cxuminacion. That in Lent last there being a play to be
acted att Trinity Colledge in Cambrige, before the King, there was
a great preasse of people, which thrust him this Examinate vpon
Sir Arthur Gorge, that he turned to this Examinate and said he
would cudgell him, this Deponent, or that he deserved to be cud-
gelled. The said Sir Arthur ledd a lady or gentlewoman by the
arme. This Examinate knew him not, but aftcrwardes enquired
his name: He confesseth he wrote the said letter to Sir Arthur
Gorge, &c.

Mr. Attorney. Mr Atturney saieth that this is a provocation to a challenge, an
offence against severall proclamacions ; that this is not a new law,

The King1
\ Counsell
there.

ATTORNEY-GENERAL V. KELLY. 113

but a confirmation of the ould : 1 1 H. IV. Parliament Roll.* There
were manie accusacions against Hugh Erswicke and his sword-man,
that they, with others (they are there named Venables and Delves,
Davenport, Swinerton, and Edgerton), came into Derbyshire out of
Cheshire, and they gave out they came to doe dishonour to A. B.
and all his complices, and made a Proclamation that if A. B. would
tender himselfe to the single combatt with Erswicke, they would
medic noe further. This was held a great offence, and Trin. 11
H. IV. rotulo 11°, they plead the King's pardon, which sheweth it
was an enormous trespasse.

This man professeth himselfe to be a souldier; but if a souldier
shall challenge another in the campe, he knoweth this is capitall :
31 E. I. Pleas of the Parliament between Segrave and Cromwell."
Segrave challenged Cromwell, and they must goe into France to
fight. For this Segrave was to suffer paines of death; his fault
was aggravated, for that he deserted the King in his warres, and
went into France to make a foraigne Prince judge of his actions.
Indeed his second J. S. was acquitted, for that it appeared he knew
not of the combatt before he came there. This Theodore Kelly
pretendes himselfe to be a gentleman, but he served a meane gentle-
man in Warwickshire. He saieth he was a souldier, and served the
King of Sweden; his passe is from before Magdenburgh. He hath
been ever since December comminge over; he landed att Dover
c day of March. He is iealous of his honour. Yt seemeth
he was soe rude that Sir Arthur Gorge thought him worthy to be
cudgelled, but he will cudgell him for his opinion. He that takes
power to cudgell another, must take power to kill. Plainely this is
a provocation to a single combatt, which is a most perillous thinge.
It hath in it apparent danger of both their soules and bodyes. This
man must have satisfaction, and what that is, he himselfe must be
judge, and this is plainely against the lawe.

• Rot. Parl. iii. 630, 632 (B). b Rot. Parl. i. 172, 181 (B).

0 Blank in MS.
CAMD. 8OC. Q

114 STAR CHAMBER CASES.

Kcllj. Kelly bcinge demanded what he saieth to this, He saieth he is a

souldier, and knew not the lawes. He knew not of his comminge
hither in this manner. He saieth, for that obiection of his being
longe in cominge over, he saith thas he was frozen up att .*

And for his offence committed in sendinge in this letter, he
humblie submitted to the censure of the Court. Being asked what
he would have done if he had mett with Sir Arthur Gorge, he
saieth, he would have tould him he was not soe good as his word,
for saying he would cudgell him.

Soe the Court proceeded to sentence, and declared that single
combattes are very odious, and they are not allowed by any Chris-
tian State, and that nothinge tendinge to such duells is to be
allowed. Men are not to be their owne revengers. The Marshall
and Constable of England are judges of reparacion of honour, as
hath been seen in very good practise of late.b That this was a fault
in Kelly against the lawe and many proclamacions, and an edict sett
forth by King James,c and it is noe new case. That it agreed with
Markham's case, who was fyned in this Court; Jarvis Markham and
my Lord Darcy of ye North. It seemeth aiy Lord Darcy crossed
Markham's doggs in huntinge, and he gave forth words, whom-
soever should topp his dogges he would be revenged of him. This
was held a provocation to a challenge, and punished heere. Kelly
was therefore adiudged to pay 200U fine to the King, to be ymprU
soned duringe the Kinges pleasure, to be bound to the good be-
haviour, and to make recognition of his fault. Lord Privy Scale
and the Lord Keeper found great fault with his long ruffian like
haire, and would have topped him if the vote of the Court had
been for it. Lord Keeper wished the Governours of the Innes of

• Blank in MS.

* Perhaps referring to the preliminaries of the single combat claimed bjr Lord
Reay and Darid Ramsaj.

' The Star Chamber decree against duelling Jan. 26, 1614,ia printed in Spedding's
Lftttn and Life of Bacon, ir. 409.

A. B. V. BUNBURT AND OTHER8. 115

Court to rcforme it in the gentlemen, and wished that other Judges
would ioyne with him, that if a Barrester come with longc haire, he
shall not be heard.

Hatband-makers against Hatband-makers ; about deceipt in their

trade.

A. B. of London, Cittizen and Hatband-maker, brought his bill Bill,
against Bunbury, Knight, Wood, Simons, Day, Pelham, and others,
shewing that whereas he and divers others have a long while main-
teyned themselves and their famylies in good fashion, by makinge
silver and gould hatbands, the Defendantes, to gaine the sole trade
to themselves, and to undoe the complaynant and others, and to
defraude the Kinges Subjectes, have made manie thousand dozens
of hatbands of copper and other base metalls, and of copper and
guilt oesa and purles, and sould them at an under price for good
silver and gould bands ; for which offence of theirs they were con-
vented before the Lord Maior at the Sessions of the Peace held in
the Guildhall, London, and an Indictment preferred against them
by the said Pelham, and he compounded with them for twelve
poundes. For punishment of which offence, and undue composi-
tion, and the repaire of his dammages, the Plaintiffe -bringeth his
Bill.

The Defendantes plead not guilty, yet some of them, uppon their Answere.
answeres to interrogatoryes on which they were examined, did con-
fesse the offence about the hatbands, but for the undue composition,
it appeared that the Bill was onlie drawne, not ingrossed, nor pre-
ferred, and that the Court gave them leave to compound all their
differences, which was held on erroneous direction of the Court. It
was objected by Mr Recorder for y« Defendants, that the offence

• i.e. Small rings.

116 STAB CHAMBER CASES.

was not charged upon the Defendantes (who made Confession in
their Examination) in the bill, but it was resolved by the Court
that, though it be not well chardged, yet if it be confessed, this
Court hath used to proceed to Sentence, for this Court doth sen-
tence men ore tentu, therefore will the Court alsoe sentence these
De fen dan tea uppon their owne Confession.

Sentenc*. Therefore the said Defendants were, according to the natures and

quantity es of their offences, sentenced and adjudged to pay, some
20U fine a peece, others 401' a peece, and an other 50" fine and
ymprisonment ; but noe dammage was given to the playntiffe, onlie
he was to have his costs ; and because fraude is a common hurt to
the weale publique, and that, in all manufactures, from the great
commodity, cloath, to the meanest, fraud is to much used, tendinge
to the destruction of the whole trade of the kingdome, for example
sake it was ordered, that this Decree should be careful lie drawen
up, and to be read at the next generall meetinge of the Liveries of
every Companie in London, att the Guyldhall ; that men might
knowe such offences are to be punished in this Court, and feare to
offend in the like kinde.

In Camera Stellata, 25* A prills, 1632, Anno R[egni] R[egis] Carol! octaro.

Coram

Thoma, Domino Coventry, D[omi]no C[ustode] M[agni] S[igilli~|.
Ric[ardo] Archiepi[scopo^ Ebor[acensi].
Henrico, Com[ite] Manchester, D[omi]no C[ustode] Pfrivati]

Spgilli].

Henrico, Com[ite] Danby.
Thoma Richardson, M[ilite] D[omi]no Cap[itali] Justic[iario]

B[anci] R[egisJ .
Rob[er]to Heath, Mil[ite] D[omi]no Capit[ali] Justic [iario] de

B[anco] C[ommuni].
Domini Regis Concilii ibidem.

ATTORNEY-GENERAL V. CASEN AND OTHERS. 117

King's Attorney Generall - - Plaintiff.

James Casen, one of the Attorneys of
the Court of Kings Bench, and
Gunnis and Walton, Common Bay-
liffes - - ... Defendants.

Bierley, of Councell with the King, opened the bill and shewed Bill,
that this suite was brought against the Defendantes by direction of
the Court ; that heere were manie charges in this Bill.

1. That John Ward, 22° Jac[obi] was bound in a bond of 100" Charge,
to Arminger and Goddard,to stand to an award. Arminger brought
the bond to Casen to be putt in suit ; he proceedeth on the bond ;
Goddard forbiddeth him to proceed any further ; he refuseth to
desist, sayinge he was not sett on work by him, and would not be
forbidden by him ; a judgement was obteyned of 1001' dammages,
whereas in truth ther was but 5" or 61' reall dammage done. That
Casen agreed with the plaintiffs and bought this Judgement. That
he tooke forth Execution of Fieri facias, and Walton the Bayliffe
leavyed of the poore mans goods 77 u att Robinhood's peni worths,
61U was brought to Casen, and Goddard had for his parte 51!. The
sheriffe demandes the goodes, or the money leavyed, or els will not
returne the Writt. Casen getteth the Sherriffe to be amerced 10U
though the money were in his handes. Casen tooke forth an Elegit
for the remayninge 23", dammage and penaltie, and thereby ex-
tended the moitie of the poore mans lands ; the poore man is forced
to sell some trees to make money, the Vendee cannott get leave to
cutt these trees by any meanes, but the partie must sell the trees to
him, soe he was forced to sell Casen 50U worth of trees for 15li.

The second Charge was an oppression in suinge for a cow in ye
name of one Page, who tould him he would not vouch the suit.

31*. Another oppression upon one Jenner who came to borrow
money of Casen, he would not lend him any unlesse he would take a
Mare of 1011, not worth 81', and then he would lend him 10li more, and

1 18 STAR CHAMBER CASES.

soe he did, and gave Kim bond with sureties for 20"; the money
was paycable a moneth after, and the day of payment falleth out to
be upon Sunday. The Obligor, knowinge that Casen was an hard
man, and used not to receive money on Sundaieo, gott a Freind to
tender him the money upon Satterday ; then he had not the bond
about him and would not receive it. Monday it was againe tendred
unto him, then he refused to take it, and arrested Jenner att the
Liberty of St. Ethelberte in the Countie of Suffolke. The said
Jenner and the Bayliffes Walton and Gunnis were att supper, the
Bayliffe of the Liberty grauntes his warrant to his under bayliffes
to arrest Jenner uppon an other action. The underbayliffes come
into the roome, and aske them if they had arrested Jenner ; they
would not tell them, nor show their warrant, whereupon the
[under] bayliffes tooke Jenner and arrested him, and put him in
the gaole. The bayliffe sent to them saying e, if they had anything
against Jenner, that he should be forth comminge. Noe, they
would take their course. Casen returneth a rescusse upon 5 or 6
of the said underbayliffes and the Gaoler. They were all fyned to
the King. He bringeth his action severally against all the supposed
rescussers ; from some he wrestes 411, from others 5", by composition ;
the rest doe not appeare. He gettes the Sheriffes bonds and putteth
them in suit without the lycence of the Sheriffe, in ye Sheriffes
name, and soe gayneth other compositions.

4ly. He getteth a lease of the Parsonage of * for a

yeare, and of the gleab land, and he brought divers actions upon his
priviledge for trespasses, required speciall bayle, and gott 16*. and
20*. composition for trespasses not worth 4d. a peece.

51*. A pooreman owed Casen 12*., his Surety payed 16*., and yet
the poore man was arrested for it, and for 24«. he was discharged, and
gave him back two pence. 61' for Forgery of the Sheriffes warrantes.
1. Having procured a warrant for the arrestinge of A. L., spinster, he
underwritt the said warrant, between the wrytinge and the scale,

• Blank in MS.

ATTORNEY- GENERAL V. CA8EN AND OTHERS. 119

mando etiam quod capias Johannem Blowfeild, fyc., uppon which the
said Blowfeild was arrested. 2ly, the forgery of a Warrant where-
upon Yorkes wife was arrested ; he tooke the first warrant, which
was from the Sheriffe and burned it, and presentlie made an other
upon which Yorkes wife was arrested, and then procures Warrantes
by the dozens with blankes for names of plaintiff and defendant,
cause of action, and the date, nay, gettes blank papers with scales
to write what he pleaseth in them.

7ly. For misdemeanours in amercinge the Sheriffe unduly.

8'y. For suinge one upon a bond of 200U in Common pleas by
Exigent, and in Kinges Bench by Latitat, and tooke two fynes and
Fees in both actions.

9'y. He brought an action for money due unto him against one Dennis
administratrix. She pleades plene adminstravit. It was shewed unto
him by her Attorney, who entreated him to accept of the Plea without
her Councells hand. After he had read it he would have it fyled where
it ought to be and under hand. The Attorney gott a Councelles
Hand, and fyled the same with the Clark of the pleas, yet the said
Casen entred Judgement by nihil dicit, tooke forth execution, and
thereuppon her goodes were taken to the very cloathes of her back.

lO1?. Jenner borrowed twentie pounds of Casen, but could not
have it unles he would take a mare of 10U not worth 61', for 101' of
it. He came to borrowe 201' more; he cannott have it unlesse he
would take a hogge and certeine beanes in parte, &c. Noe, Jenner
refused, and would rather pay in the first 20h, but then his Surety is
arrested, and shall not be discharged unles he can gett a Mare of
his Brothers for 4U, which was worth 8U.

1 lly. Casen was charged that whereas Sir Robert Hitcham, knight,
his Maiesties Serieant at Lawe, and one of the Justices of the peace in
the Countie of Suffolke, sitting upon the Bench with others his Ma-
jesties Justices of peace, there was called [by] one Finch, son in law
to Casen, and was indicted for refusinge the office of Constable in a
towne in Suffolk, that Casen in opposition to the government of his
Majestic used then and there opprobrious words to the said Sir Robert

120 STAR CHAMBER CA8E8.

Hitcham, vizt. " Sir Robert, you are not a fit man to be a Judge
in this cause ; you are partiall ! " and desired the rest of the Justices
to give him leave to direct his speech to them and not to the said
Sir Robert Hitcham, for that, in this Cause, he would be judge,
witncs, and partie. And then brought actions against the sericant,
and would have had the Sheriffe of Middlesex to arrest Mr Serieant
in Westminster Hall, who refused to arrest him, but undertooke he
should appeare. He rayles upon the Sheriffe, and not content with
that, delivereth another writt to the Bayliffe of S* Ethelbertes
against the Serieant, who answered him as the Sheriffe of Mid-
dlesex had done. The Serieant appeared, and he said Casen did
not proceed, but was non suit. And he practised with the Ser-
ieantes Chambermaide to gett him the said Articles which the
Serieant offered against the said Casen at the Sessions, and promised
to reward her and never to forgett her kindnes. And by her
mother's perswasions she did gett the articles, which she found in
her master's chamber windowe, and delivered them to the said
Casen ; and then he would have pers waded her to say, that the said
Serieant contryved the same, but she refused to say soe, for she
knew her Master's hand well, and this was not his wrytinge, &c.

12. The Charges against Gunnis and Walton the Bayliffes were
for their abuses committed in their arresting men, and compellinge
them to goe to Casen, or els they would beat their prisoners, and
dragge them towards ye common goale, and Walton kept others in
his custody upon pretence of utlaries and tooke 5li of one for Super-
sedecu money, Wheras ther was noe utlarye, &c. And they were
further chargd with oppressions, &c. And Gunnis was charged
that whereas there was a tryall by Nisi prius brought downe to
Bury Sl Edmondes for a trcspasse in cuttinge downe of wood,
Gunnis threatned the plaintiffs witnesses that they would be clapt
by the heels upon my Lord Cheife Justice warrant unlesse they
would be gone out of towne, which if they would he would procure
them 10% and he gott them to an Alehouse that night, and next
morninge brought them 2* 6d a pcece, and promised to pay them

ATTORNEY-GENERAL V. CA8EN AND OTHERS. 121

each soe much more at next meetinge, & brought them goinge out
of towne, and the Cause was afterwardes called and the plaintiff non-
suit for want of his witnesses, and afterwardes, upon affidavit in
Court, Judgment was stayed and the Costes taken off bicause of the
said practise.

13'y. The said Casen was charged that he, being Attorney for the
Defendant in an action of debt upon a bond, afterwardes by am-
bodextry,* havinge received a Fee of the plaintiff tooke forth execu-
tion against the Defendant, there being a reteyner of him before by
ye defendant, and a Fee payd him, and soe he was am ambodexter.

The Defendant Casen's Councell opened his answere. He gives Answer*.
to these multitude of Chardges, to some particuler answeres, to
others a general answere. First, for that matter between Page and
Sellers, about the Cowe, Arminger, who sould y« Cow, and was to
vouch the sale, had conference with Page, and Arminger gave the
Defendant Casen authority, in Page's name, to sue Sellers, and,
though at one tyme he dissented, yet afterwards he consented there-
unto. 2. To that of the rescusse of Jenner, the Defendant Casen
aaith it was a rescusse plainely, that they were outlawed thereupon
and fined, and he brought his action against them as he might
lawfullie doe, and the Sheriffes bondes were putt in suite against
some of them, but at the undersheriffes direction he surceased the
suites. 3. To that businesse of suinge in two Courtes for one debt;
it is true he did cause the partie to be sued to the Exigent, and
after, when he sawe an opportunity to arrest him, this defendant,
for his Clyentes advantadge, it is true upon a Lalitat, did cause
him to be arrested. 4. For that suite against Clement Dennis the
administratrix, he saith it was a due Judgment obteyned bicause
ye plea was not put in in tyme: and it is some dishonour cast upon
the Court of King's Bench (as this Defendant conceiveth) to affirrae
that an Atturney may gett what Judgement, and when, he pleaseth.
To the businesse of the Ambodextry, he says that it is true he was
for the Defendant, that the Judgement was by consent, that after

• t, /•. taking both sides.
CAMD. SOC. B

122 STAR CHAMBER CASES.

Judgment he conceiveth the Attorney's power ceaseth, and soe he
might lawfullie be for the plaintiff, &c. which he submitteth to the
Judgement of this honourable Courte. And to all other the matters
and thinges chardged upon this defendant he pleadeth the Kingea
Majesties generall and free pardon, and humbly prayeth it may be
allowed.

(There being noe Councell reteyned that appeared for the other
two defendantcs, their answerea were read, Not guilty.)

7. Casen's answere conteyned one other particulare before not
mencioned, vizt. touching the affront supposed to be given to Ser-
ieant Hitcham in open Sessions, he saitli it is true, Finch was
bound over to appeare att the Sessions att Woodbridge, by the
plaintiff, that his Recognizance was called the first beginninge of
the Sessions, and, Finch not appearinge, Sir Robert Hitchnm caused
a default to be entred, the Defendant desired some respitt might
be given for his appearance afterwards ; sometimes sittinge the
Court, the plaintiff harshly asked Casen, what he had to doe in this
cause? He againe desireth Sir Robert Hitcham to forbeare med-
linge in the Cause, because of suites and grudges then being between
the said Finch and Sir Robert, and betweene Sir Robert and the
Defendant Casen himselfe, and it is true, humbly desireth that the
rest of the Justices would heare him, Sir Robert presentlie affirmes
in these wordes, " I may and wilbe Judge in this cause." Casen
the Defendant was in the face of the Country committed to the
goale, there he remayned duringe the Sessions, and before he
could be released he entred into bond with two Suretyea in 10011
a peice for his apparance att the next Sessions. And that at the
next Sessions it his true he spake these wordes, that Sir Robert
Hitcham waa in the cause afore mencioned Judge, witnes, and partie ;
not that the defendant or his Councell thinck these words can
every way be iustifyed, yet these were the provocations, and more
were added, vizt. his pulling out of his pocket the scandalous
articles against the defendant, and causinge them to be read pub-
liquely in the Sessions, for which Sir Robert had been formerlie

ATTORNEY-GENERAL V. CA8EN AND OTHERS 123

sentenced by this Court upon the Defendantes bill. That Mr.
Serieant hath brought his action at Lawe upon the scandalous
wordes aforesaid, — "Judge, Witnes, and Partie:" that the de-
fendant hath pleaded Justification ; that the plaintiff demurred in
lawe upon the insufficiency of the plea, that the defendant hath
ioyned in the demurrer, that the same demurrer hath been on both
sides often argued, and now depends readie for the Judgement of
y" Court wherein it is, vizt. the common place, and therefore noe
reason that Sir Robert Hitcham should seeke to recover damrnages
in two Courtes for one offence, &c.

After the bill and answeres opened the Kinges Councell spake, Sr John Finch,
and first, Sir John Finch, who shewed that upon hearing of the
cause at Casen's suit about 12 monethes since, the Court directed
this suit upon the articles that were then in question. Those
articles were preferred to the late King James, and then againe
presented to Sir Robert Hitcham the morninge he went unto the
Sessions, that upon Casens provokinge him with high wordes he
did retorte upon him, and wished him to be quiett, for that he had
great Complaintes made against him which he had received but
that morninge, and he had the articles in his pockett. Casen
replyed that he knew Sir Robert's malice was soe great towardes
him that if he had anie such articles against him, he would surelie
produce them, upon which further provocation, Sir Robert did
produce the said articles, and they were read publiquely by yc
Clarke of the Peace, or his man. It is true Mr. Casen desired to
be tryed upon them, but the Justices answered that it would take
up too much tyme, and therefore did respitt the same till some
fitter tyme. It is true the Court upon hearinge that Cause did not
commend Sir Robert Hitcham for the manner of divulginge these
articles, yet thought good to direct this bill upon the articles. He
shewed, further, the natures of his offences, his familiarity with the
undersheriffe, his forginge of warrantes, his oppresions, vexations,
and multiplying of suites, and brieiley ranne over all the matters
comprised in the Bill.

124 STAB CHAMBER CASES.

Mr. Attorney- Mr. AlTURNEY-GENERALL began with the great matter com-
playned of. Sir Robert Hitcham and others sate in the Sessions,
and they sate by the Kinge Commission. Mr. Casen excepteth
against the Judges and makes them like arbitrators. This was in
a businesse wherein Casen's sonne-in-law, one Finch, was indicted
and afterwards fyned, vizt for refusinge the office of a Constable,
3U 6* 8d. Mr. Casen was soe bould as to say to Sir Robert
Hitcham that he bore malice to the partic, that malice was noe
good Judge, he would have him therefore forbeare, that he would
be Judge, witnes, and partie in it, and afterwardes affirmed he was
soe. Mr. ATTORNEY mentions 2 or 3 presidentes, the first was
of one Stephen Gotten for sayinge that the Judge favoured one
partie more then an other, 21 E. I.; and 33 E. I., in the Parlia-
ment Roll (13) one for abusinge a Judge, which he did (as the
Roll saith) verbis grossis et acerbis, was adiudged to goe about West-
minster Hall in his night capp, doublett, and hoes: and urged that
this being at the Sessions of the Peace was of very ill example,
that men would in tyme be soe bould as to upbraide the Judges of
Assize, nay the Judges in Westminster Hall, and therfore this
cause very worthy the censure of this Court, &c.

Proofe*. Then the Kinges Councell entred upon their proofes, and the

first thinge offered in proofe was that of the suit by Arminger and
Goddard against John Walton, upon a bond of 10G11 to stand to
an award, upon which a Judgment was had; for proofe whereof
was read the defendant Casen's owne deposition upon Interroga-
tory, wherein he confessed that he sued forth execution, vizt. a
fieri facia* to the Sheriffe of Suffolk, that therupon was levyed of
Walton's goodes, 78H IS* 8d. He denyeth that he bought the
execution, but he saith he bought soe manie of the goodus of the
Sheriffes Bailiffes as came to 69" 18* 8d, and that Arminger, one
of the plaintiffs, bought the rest, which came to 9U; that they payd
the full rate for the goods as they were worth. He confesseth fur-
ther, that he tooke forth an Eleyit for the rest of the Judgment,
vizt., for about 2011, for which the moity of the said Walton's

ATTORNEY-GENERAL V. CASEN AND OTHERS. 125

landes was extended upon the said Elegit. He confesseth the said
78" 18§ 8d were left in his handes by the Bayliffes, and that God-
dard had 51' for his part, and that the said raoitie by assignement
was in his possession. He confesseth he bought the trees of Dun-
nington, and that they were worth 20li, and forbeareth to answere
his refusing to lett him come upon the ground, because it was not
chardged in the bill. He confesseth that he brought the said action
of sclander for the said Walton's callinge him extortioner, and
recovered a Judgment by default of 18" costes and dammage, and
that he hath the moitie of the residue of the said Walton's lands
in execution upon an Elegit for the same. It was then shewed
that the first breach of the bond for performance of the award was
but of the value of 5U, but of this there was no proofe; and God-
dardes forbiddinge of Casen to goe forward in the suit was not
much insisted on.

2 The second thinge offered in proofe was his suinge of one
Sellers att the suit of Page without Page's consent. This was offered
to be proved by Sellers himselfe, who was excepted against by
Mr. Hudson for a non-competent witnesse, because he was the
partie greived. Mr. Bierley shewed that in a suite by the Kinges
Attorney against one Roe, for abuses about billettinge of Souldiers,
for takinge of a brybe to excuse some and layinge it upon others
less able, the partie greived himselfe and his wife were both heard
as witnesses. Whereupon Sollers testymony was read, that an
action of Trover for a cow was brought against him, att the suit of
Page, contrary to his expresse forbiddinge of the suit, &c.

3. The third thinge offered in proofe was the oppression of
Jenner, and divers witnesses, and ye partie himselfe, were reade;
and it appeared when he borrowed the money he was forced to take
a Mare for 1011 of ye 20li, not worth 8", and that the money was to
be paied upon a Sunday; that it was tendered upon Satterday and
Monday, that an arrest was made upon Jenner; that the Officers of
the Bayliffe of the Liberty of Sl Ethelbertes tooke the said Jenner
upon a common proces from Walton and Gunnis, the other de-

120 STAB CHAMBER CASES.

fcndantes refusingc to shew their warrant or to tell them whether
the partie were arrested by them or noe; that a rescusse was retorned
upon the underbayliffes and against the Coaler, upon which they
were all, vizt. 6 or 7 rescussers, fyned; he alsoe brought his severall
actions of rescusse against every one of them ; some compound with
him, others doe not appeare upon ye at rest, he gettcth the shcriffes
bondea for their apparance of one of the under sheriffes clarkes, and
puttes tliem in suit against the parties and their sureties; and soe,
out of one cause ill begunne, raysed 20 severull actions: and they
endeavoured to prove against him that, under colour of religion,
not to have money payd him on the Sabbath day, and not to take
usury, he oppresseth men, &c.

For the close of this dayes worke was read a strange deposition of
one of ye witnesses on the kinges Attorney's part of wordes used by
Walton the Bayliffe, or Gunnis, and that they were very profane
drinking and swcaringe companions; that one of them dranke an
health to the divell; that one of them said he never failed his litle
master when it came to swearinge (meaninge the said Casen), and
that if it came to lending of oathes, his litle Master need not feare
to prove anie action against Mr Serieant; that he carry cd the Cause
in the Guildhall by his testimony against great Counsell, and that
his Little Master was worth 6,000", and if he should be putt besides
his practyse he would be a man in the world, and able to requite
them that stood for him ; and soe went on, strangely makinge some
comparisons of my Lord Cooke, whereatt the Kings Councell made
a stoppe of the Deposition, saying that ther was noe Interrogatorie
to leade him, which the Lord Keeper hearing, bidd the Attorney
read noe more. And soe the Court breake up, leavinge the rest of
the cause till the next day.

ATTORNEY-GENERAL T. CASEN AND OTHERS. 127

In the Starre Chamber, 27° Aprilis, Pasche, 8° Caroli.

Before those of the Kinges Councell that were in Court at the
beginning of Casens cause.

This day the Kinges Councell at the barre urged manie proofes
of the severall chardges against Casen, and in particulare for takinge
a lease of the gleab and teyths of the vicar, one Mr. Lownes, and
tooke forth his priviledge against divers for trespasses, and made
some compound and pay 14» and some 18% for trespass not worth
4d, and in his examination he confessed he tooke 15* for a trespasse.

It was alsoe shewed and -proved that he sued one A. B. at the
suit of John Finch to the Exigent upon debt, that he afterwardes,
seeing an opportunitie to arrest the partie, tooke forth a Latitat and
arrested him, and the partie payed costes in both Courtes. This he
alsoe confessed in his examinations upon interrogatories.

Then were read divers witnesses of his evill fame, and that he
useth to vexe men upon his priviledge, requiring speciall bayle, &c.

The matter of Clement Dennis the Administratrix was also
insisted upon in proofe, and it was proved by James Witt, her
Attorney, how that her plea of plene administravit was showed to
Casen, and he desired him to admitt it without Councelles hand,
which Casen afterwardes refused, and badd him file it in due
manner; and in meane while caused iudgement (by nihil dicit) to
be entred.

The forgerie of the warrantes was likewise much stood on, but
not soe well proved.

And for his Ambodextry, there was an action of debt brought
by John Finch against John Strutton ; Casen appeared for the
defendant, and confesseth the judgement ; that Casen did after-
wardes take forth execution against the defendant for Finch, and

128 STAB CHAMBER CASES.

the partic was in execution, &c. besides manie other things proved
upon other the particular chardges of the bill against Casen.

Then was offered the proofe against Walton. One William
Church deposeth that Walton arrested Bird, he offered bayle,
Walton would have him goe to his master, Casen ; Bird refused,
but tendered bayle, whereupon Walton beat the prisoner, haleing
and dragginge him towardes the common goale, and otherwise
misused him. And at an other time, in the same manner, the said
Walton misused the said Bird upon an arrest, and the said Church,
being a constable, wished him to keepe the peace, and presentlie he
swore he would returne a rescussc against him.

It was proved against Gunnis that he arrested Richard Jeffryes
in execution, and after he was dischardged he kept him, upon
supposed outlaries, till he would lay downe 5U for supersedeas-
money, 20* for his paynes, and 20* for his dyett, & afterwardes
found that there was noe such outlary.

An action for tresparoe for carryinge away of wood was brought
by Spooner against B. C. It came by niri prius to be tryed at
Bury S( Edmonds. Gunnis insinuated into the plain ti fifes witnesses
and kept them out of the way. He threatned them, if they gott
not themselves out of towne they would be arrested upon my Lord
Cheife Justices warrant, and gave them money to be gone, 4§ to
one and 2* 6d to the other, and brought them out of towne, and
after tould them he would warrant them for a fillip ; and when
they were gone away Spooner was non suit for want of his witnesses.
That the Kinges Bench afterwardes discharged the costes upon the
nonsuit, on affidavit made of the said practise, and awarded an
attachment against Gunnis. And afterwardcs he dealt with Casen
to draw up a note for the witnesses to sett their handes to, testify-
inge that they received the money aforesaid not to hire them to
withdraw themselves, but in satisfacion of some debt due, but they
never sett to their handes. »

Owen's Serieant Crawley of Counsell with Casen shewed that Casen hath

been an Atturney in the Kinges Bench thirty yeares, that his

ATTORNEY-GENERAL V. CASEN AND OTHERS. 129

adversaries have begunne to pick up matters against him ever since Serieant
he was an attorney's boy ; the articles whereon this suit was begunne
were at first eight, they have left out some of the greatest, and
mention not a word of them in the bill The first thing the
Serieant gave answere unto was that of Arminger's and Goddard's
Judgement ; the bill chargeth Casen that he brought their tytle to
the judgement, that the bond was forfeited but to the value of 511;
but judgement was given, and it is to be presumed nothinge could
be alleadged either in law or equity to the contrary. Casen
denyeth that he brought the iudgement. But the Court obiected
he bought the goods, and the money was delivered to him ; Shew
that he payd it over to his Clyentes, or else we shall thinck it
stickes with him still; and soe he brought the judgement.

The Serieant mentioned an acquittance that Casen had, but it
was neglected to be proved before, and he had none now that could
witnes it, besides it was against the course of the Court. Mr Serieant
went on shewing that the goodes were indifferently prized, that they
were offered first to Daniell Walton's wife, if she could procure soe
much money, that the greatest part of the goods were sould to the
defendant Casen, the rest to Arminger himselfe, and that Casen
was the plaintiff's attorney, both before and after judgement.

My Lord Keeper put this question : If a fieri facias goe to the
Sheriffe, and the goodes are bought by Mr. Casen, and he keepeth
the money, and the Sheriffe requireth it, must it not be delivered
him ? Lord Cheife Justice saith that without question, the Sheriffe
may keepe the money till the returne of the writt, for the writt is
lia quod habeas denarios, &c., yet the Sheriffe may deliver the
money to the plaintiff if he will: but then, in this case, the plaintiff
receiveth the money, and yet will amerce the Sheriffe for not
returninge his writt; he should then have delivered him the money.
Saith my Lord Keeper, " Shew how you paied the money to
Arminger or Goddard, or els you must yeild it was Champerty in
you; and answere your amercinge the Sheriffe and keepinge the
money from him." Mr. S[er]ieant then said that the Sheriffe was

CAMD. SOC. 8

130 STAR CHAMBER CASES.

amerced for not returninge his writt, which was Mr. Casen's
assurance for the goodes (upon the matter) winch he had bought.
" Yea," saith my Lord Keeper, u but he ^would not deliver him the
money, and Arminger and Goddard might have compelled the
Sheriile to have paid it to either of them. Without doubt," my
Lord said [to] the Serieant, " Mr. Sheriffe had good security of the
Bayliffes."

The Serieant in the second place urged that Sellers could not be
a witnesse in this, because he was the partie greived, and shewed
that by the Statute of 8° Eliz. cap. 2°, in such case the delinquent
was to be ymprisoned six moneths without bayle or mainprise, and
pay treble damages to the partie greived, and tenn pounds forfeited,
therfore the partie greived is noe competent witnesse. The Lord
Keeper answereth that it is true it is an offence against the Statute,
and against the Common Lawe, but ther is a Statute 21° Ja. cap.
4, which dischargeth the action of debt, and therefore Page may be
a witnes. " Then," said Hudson, " if he be a witnesse, he is but a
single witnesse."

Mr. Serieant 3dly laboured to defend .Tenners businesse. The
charge, as eeemeth by the proofe, is that Casen arrested Jenner for
40" for payment of 20h, that the debt grew due, 31' for a mare, and
17- in money lent, to be payd upon Sunday; offered upon Sut tor-
day, and offered on Monday, <fcc., but this is not charged in the bill.
But he is charged for returninge the rescusse, for suinge the rescus-
sers, and for suing the Sheriffes bondes of appearance upon some of
them. To this the Serieant said that he did all by warrant of the
lawe, that it was a practise by the Bayliffe of S* Ethelbertes and his
servants, that Walton was a knowne Bayliffe and needed not to
•hew his warrant, therefore the rescusse was iustlie returned, and
the actions therupon legally brought, and therfore he hopeth the
defendant shall not suffer for any thing he did by the lawe. And
soe this daye's work was finished, the rest of the Cause being left to
the next day.

ATTORNEY-GENERAL V. CA3EN AND OTHERS. 131

In the Starre Chamber 2° Maii, 8° Carol! Regis, Tcrmino Pasche.

Before the same of the Kinges Counsell that were present att
the beginninge of the Cause against Casen.

Mr Hudson of Counsell with Casfcn proceeded this day In his Hudson,
defence, and shewed that the charge of unduely amerceing the •
Sherife after satisfaction in Arminger and Goddards case is proved
but by one witnes, and it was the Sheriffes fault.

For the takeing of the lease of the teythe and gleab lands of
Mr Lownes, it was bond fide. The charge is that there were suites
betweene the parishioners and the Parson about Teythes, and that
the Defendant tooke a Lease to mainteine the Parson and his right,
therfore maintenance, but there is noe proofe that Casen brought
anie suit for teythes : but he brought actions of trespas, for tres-
passes donne in Come, and tooke 14* for one trespasse, and 20* for
another proved to be of the value of 40* ; deposicions read to that
purpose.

For that charge of his makinge use of blank warrantee, it is a
generall, to which he could make noe defence, and therefore noe
good charge. As for the particulers that are mencioned of makinge
the blanke warrantes, for Blofeild and the other particuler of Yorkes
wife, the one was 9 yeares agonne, the other 8 or 9 yeares, both
out of the charge of the bill, and these therefore can induce noe
generall, as to aggravation or otherwise.

Againe, it is no charge to say one laboured to suborne a witnes.
For his takeing of 14* for a trespasse of 4d, it is but one single
witnes, and he the partie greived that proves it, and for the other
he tooke 201 for 40s; and as for the blanke warrantes, Dove the
undersheriffe made them and he paied Fees for them ; but it hath
not been proved he made use of them in particuler.

Then was read by direccion of the Court Richard Dove's depo-

132

STAR CHAMBER CASES.

In the canse
betwecnc the
Lord Keeper
and Bonham

N ttam

sicion. He was under Sherife to Sir John Prescott, that he sealed
blancke warrantes and delivered them to Casen, and he conceiveth
the said Casen made use of the said warrantes, for that he tould him
he had used them. Mr Hudson said,—" The Sheriffe is but a
single witnes, and is the greater offender." Mr Hudson alsoe
confessed that the Defendant Casen putt in Walton and Gunnis
names, but with leave and consent of the under Sheriffe, and con-
cludcth for his busines that, neither of the particulers beinge proved,
it falls out that there is a tale of blank warrantes, but not one
proved in particular.

For the great offence, the matter of words, and his misdemeanor
in action proved by three witnesses directlie : first, his addressinge
his speech to Mr Cornwallis and the other Justices, and not to Mr
Scrieant Hitcham : the wordes which he used were, that Mr Serieant
was not fitt to heare that cause, that he was partiall, that he bore
malice to Finch, that he was Judge, partie and witnes, and that
malice was an evill Judge. " My Lords, I beseeche you " (said
Mr Hudson) "take into your consiJeracion the provocations given
to this poore man. Finch was his sonne-in-law, there was a suit in
Chancery between this Finch and Mr Serieant, he falleth into some
breach of his dutie, he is bound over to the Sessions, at the begin-
ninge of the Sessions, at the first call, his Recognizance must be
forfeited, and noe remission of the forfeiture or respitt for his ap-
pearance graunted ; this was certeinly summum ius ; and if he said
that which was truth, yet not fitt to be spoken in this tyme and
place, his fault is the lesse. A farre greater thing, and seeminge to
be iustifyed, was extenuated in the case of the greatest Judge of
this Kingdome."

Mr Serieant sued Casen at law for the sclander. Casen iustifycth
the words. Mr Serieant doth not take issue, and goe on to tryall,
but demurrcth in law. This is an admission of the truth of his plea.
We hope then this is not soe great a fault as to drawe anie great
punishment, for, as the proverbe is, there is some blame but noe
shame; and, besides, he hath not gonne unpunished; he was com-

ATTORNEY-GENERAL V. CA8EN AND OTHERS. 133

mitted to the Gaole and bound to the good behaviour, and donne
by that Court which looked upon the offence. And for the words
spoken in a great Court, in the same wordes and termes, the de- Common
murrer therof is yet undetermined, and, if your Lordships please to
remember, this Court, in the cause against the Serieant for the
unfittinge manner of speakeinge these words, gave the defendant
noe dammage.

For the auncient records mencioned by Mr Atturney, was there
anie of these Judges iudged and sentenced for ill behaviour against
these men ?

For gayninge the Articles by Mr Serieantes mayd, he had before
used what meanes he could for a sight of the articles; but for the
great offence, that he should labour to suborne Smith's daughter to
sweare that Mr Serieant contryved them, and used these words to
her, " If you doe but thinke it you may sweare it;" — there is not
a word of this in the bill.

Mr. Recorder of London, beinge alsoe of Counsell with Casen, The Recorder
proceeded with his defence, and first spake of his suinge in two
courts. That, at the suit of George Finch, he sued the two Hills
upon a bond in the Common Pleas to the exigent. He afterwards
saw an opportunity to arrest the defendant, which for the benefitt of
his clyent he did, but after the arrest proceeded no further upon the
exigent. He arrested him in the King's Bench. It is true if one sue
for a debt by originall in common place a and afterwards declare
in King's Bench for the same, the partie maie plead it to be de-
pendinge by originall. But in trespasse, if the partie sue first by
originall in the Common Pleas, and then by a Latitat in the King's
Bench, declare for the same trespasse, yet the defendant cannott
plead the first writt, because the King's Bench is the proper court
for trespasse especiallie, and therefore this is vexation, but here was
noe declaracion, but it was in debt, &c.

For the offence charged upon him for sellinge of cattle upon

• i. e. the Court of Common Pleas.

134 STAR CHAMBER CASES.

excessive prices. For that of Jefferycs and Spooncre, there is noe
charge in the bill of it, besides Spooncr is a single witness, and the
partie greived.

For that accusacion that he had much cattle in grounds, and
because he made conscience of usuric he would sell them att deare
rates, and putt them off with lendinge money, and soe makes this
gaine; this is but one witnes, and as the neighbours say. For that
of Xuttall's, that is charged, but it was 10 or 11 years since, and
this was the surety that witnessed it, and is the partie greived. And
because there is a generall inquisicion made uppon his whole life,
he pleadeth his Majesties gracious generall pardon, for that there is
noe colour of proofs for anie other thing, but is above 1 0 yearea
sithence, viz. about the oppressions.

There remaineth yet foure charges not spoken to: 1. For forgerie
of a warrant for the tukeing of one Blofeild; it is charged that he
had a warrant for takeing of one .Mary Vere, and that he should
insert BlofeiUle's name, this is proved but by the partie hirnsclfe,
and that 10 or 11 yeares since; noe man soe vile as to inserte a
name and forge a warrant in presence of the panic ; and an action
was brought by Casen against Blofeild for this word of ** Forgerie,"
and Blofeild sweareth he did iustilic it, but by the record it ap-
pereth he pleaded not guiltie : likewise the warrant was iustifycd
by the Sheriffe. 2. Another charge there is for his putting in of
one Anne Birch, that he should Lurne one warrant and presentlie
write another, and this likewise to be donne in Bond's sight, and
Bond himselfe afterwards asked the deponent about what tyme
Casen forged this warrant, and the proofe was it was either a
warrant from the Sheriffe or the Bayliffe of S* Ethelbertes — very
improbable. 3. For that charge of one Dennies businessc, that
Mr. Casen should take 24* for 12* about 6 or 7 yeares since of him,
and he is the partie himselfe that paid the money, it is cleare he Is
the partie greived, it is proved he gave ill words. It is said he
was to pay it upon Sunday, and it was refused presentlie before
and after; this is denyed, and proved but by one single witnesse,

ATTORNEY-GENERAL V. CA8EN AND OTHERS. 135

and the partie greived, besides if he had taken the forfeiture it is
not criminall, there are Courtes of law and conscience to redresse
such things; he hath donne nothinge herein but the law warrants.
" Onlie," saith Mr. Recorder, u this of the blank warrantes we
shall leave to your Lordships." 41*. For entring of judgement
against Clement Dennis: The plea was a barre by reason of judge-
ments formerlie recovered against her, and did not say beyond
which she had noe assetts in her hande, and for the insufficiencie
of the plea Mr. Brome did taxe costes at 20s, and this was the
course of the Court, and that there was a judgement in Court all
sides say. And for the actions brought upon the rescusse the law
alloweth them. Thus, beseeching your Lordships to consider the
defendant hath been an Attorney above 30 yeares in this Court of
King's Bench, and in all that tyme that Court never heard of him,
nor the Justices of Assize, we hope for your Lordships' favorable
censure.

Afterwards Sir John Finch replyed and shewed Casen's prove- Sir John
cations to the Serieant, in dareing manner, wishing him to read
the articles and to produce them. This proved by the deposicion
of Mr. Sledge's man, the Clark of the peace, and by Mr. Rivett,
one of the Justices of peace; and that he was committed by the
order of the whole Court, &c. ; and then shewed how Casen would
have had the Serieant arrested in Westminster hall, and after by
the Bayliff of St. Ethelbertes, and shewed that the Recognizance
was not returned forfeited against Finch, but his apparance was
afterwards accepted; and for the leavingeout of the bill that article
of the bawdry, it was not fitt for this Court; for the articles pre-
ferred to Kinge James they were the cry of the Country; and in
particular laboured to weaken the defence, and soe left it to the
Censure of the Court, which was deferred till the next day.

136

STAR CHAMBER CASES.

Coram

Deanc of
Rzetcr.

In the Starre Chamber, Pasehe, 8 Oaroli, 4 Mail.

Thoma, Domino Coventry, Domino Custode Magni Sigilli AnglUe .

Ricardo, Archiepiscopo Eboracensi.

Hcnrico, Com[itc] Manchester, Dom[i]no C[ustode] pfrivati]

Sigilli.

Hcnrico, Com[ite] Danby.
Thoma Richardson, mil[ite] Dom[i]no Capit[ali] Justic [iario]

B[anci] R[egis].
Rob[er]to Heath, militc, Dom[i]no Cap[ituli] Justic [iario]

Com [munis] Banci.

Domini
Regis

' Consilii
ibidem.

John Richards, gentleman
Two Constables -

- Pl[ain]t[iff].

- Defend [ants] .

John Richards of D. in the Countie of Devon, gentleman, brought
his bill in this Court against two Constables, for presenting him to
the Justices for being a corne master, and not bringinge out the
same to the Marketts, and for searching in his barne, according to
the Kings instructions. The bill chargeing the Constables comming
into his house as a ryott, the defendants pleaded not guiltic, withall
shewing the whole matter, and it was referred to Sr Thomas
Richardson, one of the Justices of Assize there, and he reported
that it was a cause not worthy this Court, and prosecuted against
the Constables meerly for doinge their dutie &c. wherefore the
cause was dismissed, and ordered that the pi [ain] tifle pay double
OOflM.

[THE DEANE OF EXETER v. FROST AND OTHERS ]

The Deane of Exeter hath a bill in Court for repayringe of his
honour, being scandallised with getting a maid with child, either
adultery or fornication. The Cause is at publication, but it is not

THE DEAN OF EXETEKJ8 CASE. 137

yet passed. The defend[an]tes moved heretofore that the pl[ain]-
tiflfe might not proceed till he produced their principall witnesse,
vizt. the maid her selfe that had the child, kept away of purpose,
because she should not be examined; now she is found. Mr Hud-
son, for tho defendantes, move[d] for a Comission to examine her,
the plaintiffes Counsell withstood it, because it would hinder the
speedie hearinge of the cause. It was answered that it should be
noe hinderance, that they were as willing for the hearing of the
cause as the pl[ain]tiffe, and that there might be a salva entred,
which was ordered, and that the said witnesse, and some other
moved for, might be examined and the pl[ain]tifFe might crosse
examine them, and alwaies a salva entred, and publication to passe
at such a tyme prefixed.

SENTENCE OF CASEN's CAUSE.

Then the Court proceeded to the sentence of the cause between
the King's Attorney plain tiffe, Casen, and Daniell Walton, and
Edward Gunnis defendants. MY LORD HEATH quitted Walton, and
censured Gunnis, for the practize against Spooner, by tamperinge
with his witnesses, and sett 50U fine upon him. He sentenced Casen
only for 3 things; for the oppression of Walton, and for the mul-
tiplicitie of suits upon Jenners oppression and the rescusse, and for
the unseemlie words against Sir Robert Hitcham. He condempned
that practise of blank warrantes, as makeinge against the Kings
proffitt, the King thereby often losinge his Fines, — but for this he
could not sentence him, because it was onlie a generall charge upon
the matter. He therefore sett 500U fine upon Casen, and imprison-
ment according to course, and would referre it to the Court where
he is Atturney to be examined, and Casen to be put out of the roll
as they shall see cause.

The LORD CHEIFE JUSTICE found very much fault with Casen
about Jenner's oppression, and his multiplicitie of suites upon the
rescusse, and for manic other things, and utterlie condempned the
use of blank warrants, and also the putting in of a bayliflfe's name,

CAMD. 8OC. T

138 STAB CHAMBER CASES.

and said if the partic be taken upon execution, and if he please he
may bring his action of false imprisonment, but yet his Lordship
leaft Casen to answear to God for all but two things, as the
Empcrour would have perjured persons leaft to give accompt to the
Gods. He sentenced him for his audacious carriage against Sir
Robert Hitcham in the Sessions, and for his misdemeanour in
practising to gett the articles by stealth, and then to suborne the
maid, for which he sett a fine of 1000 markes upon Casen, and to
be put out of the roll, if the vote of the Court goe that way, and to
practise noe more.

For Gunnis his foule offence in suffocating the truth, a matter
of very ill consequence and example, he sett upon him therfore
100" fine, and Walton and he both to be disabled from being
Bayliffs.

The EARLE OF DANBY, LORD PRIVY SEALE, ARCHBISHOP OP
YORK and LORD KEEPER all agreed that Casen should practise noe
more, that he should make recognition of his offence to Mr. Serjeant
Hitcham att the publique Assizes at Bury, and the maior part of the
Court were for 1000 markes fyne upon Casen and 100U upon Gunnis,
but Walton and Gunnis both to be bound to the good behaviour.
And my LORD KEEPER mencioned the Statute of 4 H. IV. whereby
all Attorneys were to be examined, and by the discretion of the
Justices they that be good and vertuous, and of good fame, shalbe put
in the roll, and duly sworne, Ac., but this man is not of good fame,
and therfore my Lord Keeper gave sentence that he should he put
over the barr. And the Archbishop of Yorke observed, as he said,
the finger of God, in that he had pointed to the Court, as it were,
that as there was a nest of vermin discovered, soe that this man
and such as he were worse then vermine, &c. which was upon
occasion of a nest of yong rattes or mice which came from bchinde
the King's Armes and ranne about upon the plaister, or bcames,
titl 3 or 4 of them fell downe in the Court, and one lighted on my
Lord Richardson's back, — 27° Aprilis, when the Cause was in
hearinge.

YOUNG AND OTHERS V. BROUGIITON AND OTHERS.

139

Coram

In Camera Stellata, Pasche, 8° Caroli, rizt. 11° Maij.
Thoma, D[omi]no Coventry, D[omi]no C[ustode] M[agni]

Henrico Com[ite] Manchester, Do [rain] o C[ustode] M[agni]

P[rivati] S[igilli].
Ricardo, Ep[iscopo] Ebor[acensi],
Johfanne], Comite Bridgewater.
Henrico, Com[ite] Danby.
Will[ellmo] Ep[iscopo] Lond[inensi].
Thoma Richardson, milite, D[omi]no Cap[itali] Justic[iario] de

Banco R[egi]s
Roberto Heath, Milite, D[omi]no Cap[itali] Justic[iario] de Banco

C[ommuni].
Francis. Lord Cottington, Cancellario Scacc[arii].

Thomas Young, gentleman, and John

Sayer, his servant - - Plaintiffs.

Thomas Broughton, Esquire, and others Defendants.

Et e Contra.

The said Thomas Young and Sayer sett forth in their bill that,
in the parish of Eccleson and lordship of James, there is a chappell
of ease belonging to the Church of Eccleson, that the Plaintiff
Young his Ancestors built the said Chappell for their owne house
and familie, and some of the same parish dwelling thereaboutes,
that the Plaintiff Young hath repaired the said Chappell, and re-
served to himself and his servantes certaine seates, and in one of
the said seates the said Plaintiff Sayer usuallie sate. That Thomas
Broughton Esquire, the Defendant, being growen greater then his
Ancestors, joyning and combyning with Thomas Broughton, his
uncle, and with divers others his Tenantes, 3° Maij 5 Caroli, came in a
riotous and routous manner armed to the said chappell in the tyme

D[omi]ni
R[egi>
Consil[io]
ib[ide]m.

140 STAR CHAMBER CASES.

of divine service, and entred into one of the said seates, in parte of
which the plaintiff Young and his Ancestours have heretofore
usualtie sittcn, and in the lower parte thereof the defendant and his
Auncestours have sittcn. That at this tyme, before the comminge
in of the defendants, the plaintiff Sayer, being his Masters Bayliffe,
was in the higher part of the said scale there sittinge, that the
Defendant Thomas Broughton, and his uncle, came into the same
seate, and after a while tookc the said Sayer by the haire of the
head and pulled him by the care, and bended his head downcwaid,
and knocked his head against the Bench, and drew him out of the
seat in violent manner, and threw his staffe out after him, whereatt
the minister being disturbed made a stand, and there was a great
tumult in the said Chappell. Afterwards the Plaintiff Young
commeth out of his seat in the chauncell and endeavoureth to enter
into the seat from whence his said servant was expulscd as aforesaid,
but the Defendant in violent manner thrust him on the shoulder
and violentlie kept him out. And in the afternoone of the same
day, being the Lord's day, otherwise called Sunday, the said tenantes
of the said Defendant, by the direction of the Defendants, with
staves and weapons came to the said chappell, and entred into the
said seat in question, and kept out the plaintiff and his servantes.
And the Defendant Broughton, when he tooke the plaintiff by the
shoulder, used these opprobrious wordes to him, viz : *' Thou art a
proud coxcombly foole. I would I had thee in place where thou and
I might try it out, &c."

After the bill thus opened, the Archbishoppe of Yorke found
fault with the Plaintiff's takinge the Office of the Ordinarie upon
him in appointing and disposing seates altogether as pleased him,
and expressed that whilest he was Bishoppe of Winchester noe
causes perteyninge to the ecclesiastical 1 jurisdiccion under him
were more frequent then broyles about seates, and because they
were an occasion of much discord it were good to restraine them.

The Bishop of London likewise interposed and said, that if this
chappell be for the Plaintiff's ownc house and some of his neigh-

YOUNG AND OTHERS V. BROUGHTON AND OTHERS- 141

bours, if others come that ought not, that this is a conventicle: for
if a man hath a chappell in his owne house, none of other families
may be admitted to their exercises of religion; if they are, it is a
conventicle.

Then was opened the Answere of the Broughtons, the Defen-
dants. That this is a chappell of ease for the whole hamblett, that
Young, the Plaintiff, boare the charge in repayringe of itt with
others, and the Defendants contributed thereunto. That the
Defendant Broughton, hearinge that there would be a sermon
there the said 3d of May, he with his uncle aud his usuall attend-
antes repayred unto the said chappell, without violence, and the
Plaintiff had placed the said Sayer, his plowman, in the highest
seat, one of them, in the church, where the Defendant was to sitt.
That the said Thomas and Thomas Broughton entred quietlie into
the said seat, and after a while perceivinge the said Sayer, being a
meane man both in habit and otherwise, the Defendant asked him
who appointed him to sitt there, and he gave him a sawcie answere,
and said to the Defendant that he had as good right to sitt there
as hee and might sitt there as well as hee. It is true thereupon the
Defendant put out this plowman, and afterwards opened the dore
and put out the staffe, in a quiett manner. That after this the
Plaintiff came out of his seat in the chauncell, and would have
entred into the said seat, where the Defendants were, but the
Defendant Thomas Broughton would not suffer the Plaintiff to
enter. Whereupon there was some stirre in the chappell but
occasioned by the Plaintiff himself. That the Plaintiff had called
the Defendant before the Ordinary for the same pretended offence,
and likewise served him with letters missive out of the High
Commission, but hath not proceeded in either course, &c.

Here the Defendant Broughton was declared by some of the
lordes to be the high sheriffe of Lancastershire latelie, and a man
of quality, &c.

The other Defendants, being servantes and tenautcs of the said

142 STAR CHAMBER CASES.

Broughton, answered that in the afternoonc upon the said 3d of
May, they sate in theire master's seat, as they use to doe when he
is not there, but without their said master's direction, and are not
guilty of the offences complayned of, &c.

Then was the crosse bill opened by mr Phillip Gerard, wherein
the said Broughton set forth that mr Young hath made a new
chaunccll of his owne head, and annexed the same to the said
chappcll, that neither the chappell nor the said chauncell were ever
consecrated, that mr Broughton repaired, aswell as the said Mr
Yong. Mr Buller preached [3] Maij 5° Caroli, Mr Broughton
commeth to church with his uncle and familie, without anie armes
but their bibles. Comming into the chappell he found Sayer the
plowman in his seat. Mr Broughton suffered him to sit there all
the service while, but after wardes, seing his meane condition, he
asked him who he was, and why he sate there. Sayer replycth he
sate there by his master's appointment, and gave him other pro*
voaking wordes, whereupon Mr Broughton quietlie put him out.
Then commeth Mr Young from his new built seat in the chauncell,
and would have entred into the seat where Mr Broughton was;
but Mr Broughton would not permitt him, to avoide strife; and
because Mr Young could not have his plowman sitt in the highest
seat, therefore after three Sabboth daies he locked up the church
doores, soe that there was neither service nor sermon.

The Answere hereonto was the summe of the former bill, that
the Chappell was appropriate to Mr Younges house, and that for 3
yeares togeather, since the Chauncell was built, his Bayliffe did sitt
in that seat, &c. Not guiltie to all the misdemeanours.

The LORD KEEPER propounded this question; — Whether this
were to be punished as a Conventicle, or as a disturbance ? And for
his owne opinion shewed that he thought it noe Conventicle, and that
this Chappcll, being 200 yeares used, was surelie consecrated, and
that they durst not meete in it if not consecrated. Soe said the
BISHOP OF LONDON, though in these audacious tymes they durst doe

TOUNG AND OTHERS V. BROUQHTON AND OTHERS 143

it. But for the Chancell (though men now a daics would have
Churches without Chancells), yet seeing this was built, he would
have it consecrated, if it be not alreadie.

Sir JOHN FINCH saieth that Mr Young hath long had this as a sr John Finch
Chappell of ease, and the point was not whether it were consecrated ^f. 9°«nce11
or not consecrated. <; Noe," saith the Arch Bishop of Yorke, " He Yonng.
new built the seates and appointed them to whom he pleased with-
out his Ordinarie."

The BISHOP OF LONDON saith that it were good a course were
taken that seates might be taken away in Churches, for that noe
kingdome but ours hath seates in their Churches. And that God
Almightie would be better worshipped, and the occasion of jangling
taken away.

Sr JOHN FINCH proceeded, shewing that noe violence must be used
in the Church at anie tyme, much lesse in tyme of Divine Service,
where there should be no respect of persons, but heere Mr Broughton
presumeth to take the poore honest man by the face, tooke him by
the collar. His Master, Mr Younge, was the Cheife Lord of the
mannour, and truth is, Mr Younge's ancestours and Mr Broughton's
sate in one seate together, and mr Younges ancestours sate in the
higher part of the seat, and this was with the Ordinaries allowance
att first.

It was proved by witnesses that mr Young is a gentleman of a
good familie, and that the said Sayers is an honest servant, and
that Mr Younges Ancestours sate in that seat: and it was proved
that Mr Broughton tooke Sayers by the haire of the head, and
bowed him downe very lowe towardes the ground by the haire, and
then thrust him out of the seat, and threw his staffe after him:
That Mr Young seing his servant thus used, and to mainteine his
right to the seat, came to goe into the same, but Mr Broughton
tooke him by the shoulders and held him out, saying these wordes:
" Thou art a proud coxcombly foole, I would I had thee in place
where that thou and I might try it out." Mr Buller the Preacher
said that Mr Broughton made the disturbance. And it was proved

144 STAB CHAMBER CASE8.

that 40 yeares since Mr Broughton's grandfather did come into the
lower part of the said seat with his sonne in law, and there they
sate ; and further that Mr Young waa very patient in reccivinge
these abuses.
Mr Broughton's Defence.

That his ancestours have right and have pate there in the seat,
and it is true he put forth the ploughman, as being not fitt to sitt
in the highest seat of the Church, but the disturbance was after-
wards, and caused by the Plaintiff Young by his comming out of
his seat. And further he caused the doores to be shutt three
Saboth duies, soe that noe prayers were there, &c., to this purpose
was the proofes of Mr Broughton.

It was debated between my Lord Cheife Justice and the Bishop
of London whether this disturbance were within the statute or noe.
My Lord Cheife Justice was of opinion that it was not directlie,
because that a chappell is not named therein. The Bishop called
this new doctrine, att which my Lord Cheife Justice was some-
thing moved, and againe affirmed it to be soe, and that his reason
was this, unto every penall statute, as this is very penall, a strict
exposition according to the wordes must be given, and yet, though
it be not within the Statute, yet it is punishable by the Ecclesi-
asticall Jurisdiction.

And Mr Hudson alleadged a precedent in this Court 44 Eliz.
where the fine of 1000" was layd upon one for a disturbance att
prayers in a private house, in the house of Sir Thomas Posthumus
Hobby.

Soe the Court came to give sentence, which was, that Mr Brough-
ton and Mr Young were both to be sentenced, the one for makinge
the disturbance, and the other for occasioning of it : therefore all
the Defendants were dismissed saving they two, and both of them
fyned att 100'1 a peice to the King, and to beare their ownc
charges.

ATTORNEY-GENERAL Y. 8AVILE AND OTHERS. 145

In the Starre Chamber, Trin. 8° Car. 7° die Jnnii, 1632.

The Kings Attorney generall against my Lord Viscount Savill and
others by relation of Sir John Jackson.

Sr John Jackson, William Ramsey, Esq., and divers others
being hunting of the hare in Water Priston feildes, belonging to
Mr Vavisour and, within the honor of Pomfrett, in Yorkshire, the
Lord Viscount Savill, with manie others his freinds and servants,
came with their weapons into the feilds, and in ryotous manner
assaulted Sir John Jackson. The Lord Viscount Savill strooke at
Sir John with his drawen sword, and followed after him and drove
him into a plash of water, and called to him saying, Sirrha, who
gave thee leave to hunt heere? Sr John answered by Mr Vavisours
leave he hunted there. Sr John shewed in evidence an auncient
graunt of a Free Warren within Water Priston to Mr Vavisours
Ancestor: and showed likewise the Lord Savill's letter sent to Mr
Ramsey, in evidence to prove the ryotous intent, wherein he inti-
mated to Mr Ramsey that his Matie had graunted unto the said Lord
Savill and his father, the keeping of the game within all the honor
of Pomfrett, and that his Matie* speciall commaund was, none should
hunt there without speciall leave, and yet Sir John Jackson had
taken upon him to hunt and kill more hares then was fitt, whereatt
he was willinge Sir John should have notice of his dislike, and to
this purpose sent this letter to Mr Ramsey having understood that
he was one that hunted with Sr John Jackson, and in the postscript,
if Sir John Jackson come againe to hunt this weeke it were
kindlie done to lett him know it, and I assure you (saith the letter)
I will welcome him. My Lord Savill came ryding before his
companie, being about thirtio in number, and looking back he
asked them with an oath, What will you not draw? That thereupon
divers swords were drawen, and one of my Lords men struck at Sr

CAHD. 80C. U

146 STAR CHAMBER CASES.

John Jackson with his sword, but missed him narrowlie, and my
Lord Savill provoked Sr John Jackson to fight, saying that a pott
of ale were fitter for him then a sword.

My Lord Savill's defence was that the custodie of the game within
the said Honor perteyned to him, and that he went to the feild to
prohibit Sr John Jackson, and to shew him the broad Scale, and
alleaged that Sr John assaulted him, &c. and soe not guiltie. Divers
others answered that they were but present, and did ofler noe
violence, and the servant iustifyed his strykeing at & John in his
Lord and Master's defence. But this defence falling short against
the proofes made, the Court proceeded to sentence, and fyned the
Lord Savill one thousand pound to the King, and adiudged to pay
1501 damage to the said Sr John Jackson. And all the defendants
that were present and drew their swords were severallie fyned.

Trin[ity] terme, Tizt. 8° Jnnii, 1632. In the Starre Chamber.

My Lord Savill - - Comptt, against

Sr John Jackson, and others • Defeats.

The Bill pretendeth that Sr John Jackson, Sr John Ramsey,
and manic others wth them, remitted divers Ryotts upon y* Lord
Savill and his servants in this manner, that the Plaintiffc and his
father were seized of the offices of Steward and Keeper of the game,
by vertue of the Kingcs graunt, and his Matie for reasons best
knowcn to him did in the said Letters Patents, and otherwise,
comaund a restraint of killing the hares in the manners per-
teyning to the Honor of Pomfrett. That my Lord Savill gave
publique notice of this restraint. Yet Sr John Jackson, bearing

SAVILE V. JACKSON AND OTHERS. 147

malice to the Plaintiff and his father, did combyne with the said
Sir John Ramsey and the other defendants to doe some affront
and disgrace to the Plaintiff, that it should be done under colour of
a generall hunting from 15 No. 4 Caroli, for 9 daies together, for
which purpose 40 or 50 of them were gathered together, armed
with staves and javelynes, and some with double swords for them-
selves and their masters ; and they hunted in the Mannor of
Staunton and in the Mannor of Priston ; and they came into the
Towne of Pomfrett, and there vaunted at their feasts that they
had hunted and would hunt, and that the Plaintiff should know it,
and in a taverne read the Plaintiff's letter in scorne. The next day
the Plaintiff mett Sr John Jackson in the feild, and used moderate
words to him, and asked him what warrant he had to hunt there;
that Sr John Jackson assaulted the Plaintiff first, and Graunt the
Plaintiff's man did but help to defend the Plaintiff; and that Sir
John and his companie continued the hunting tenne dayes, &c.;
that the Plaintiff then said he would seeke his remedie in this
Court. But Sir John, to prevent the Plaintiff in his suit, came
with his servants and one of his brothers to the Plaintiff's howse in
King's streat in Westminster, and there, under colour of serving
subpoenaes out of this Court, made an other ryott upon the Plaintiff's
servants in his said house.

The Defendants answere that this Bill is a bill of recrimination,
comminge in three termes after Sr John Jackson's bill. They
denye the combynation to affront or disgrace the Plaintiff and his
father; that it was an yearlie use for them to hunt, at that tyme
of the yeare in those parts ; that there were a Lease of hares killed.
That Sr John Ramsey and Sr John Jackson were at tho Towne of
Pomfrett, and were chosen Burgesses for the Parliam1, they were
there to know what service the Townesmen would commaund them,
and all the defendants in their answers cleare the defendant Sr John
Jackson touching the assault, all witnessing that my Lord Savill
assaulted him first, that they hunted in Mr. Vavisour's ground, and
by his leave sometymes the hounds would runne out into other

148 STAB CHAMBER CASES.

grounds. That hereupon the Defendant Sr John Jackson sent
Sand ford his servant one of the Defendants to serve the Subpenaes
upon the plaintiff's servants, that Nevill was served, and receiving
the writt threw it downe and tooke hould of the partie: That
Henry Jackson went with Sandford to read the Subpenaes, and
seing violence offered to the said Sandford he did goe forth into
the streat and drew his sword in his defence. After the proofes on
both sides read and the Bill and answeres opened, the plaintiff's
bill was dismissed and the plaintiff fined pro f alto clamore.

King's Atturney, plaintiff,

against one Browne an Attorney.

The charge of the Bill is that the said Browne being an Atturney
procured an execution out of the Common pleas against one A. B.
whereas there was noe originall declaration nor judgement, and
procured him to be arrested, &c.

The defendant saicth that the said A. B. his Attorney sett his
hand to one Mayer's booke a Clarke in the Common picas, for the
Judgment, that the said defendant saw the booke, and thereupon
trusted the said Mr Mayer to enter up the iudgement, and willed
him to make forth a capias ad satisfaciendum, which was done and
the partie arrested ; but before the judgement was entered which
Mayer was trusted with all to doe he died of the plague. It was
in Trinity tearrae, in the great plague tyme, and the course is that
judgements are not entred till after the terme, and before the entry
of the judgements the said Mayer dyed, soc it was thought and
held no voluntaric abuse, and therefore noe misdemeanour, and the
Bill was dismissed.

SMITH AND OTHERS V. MARTIN AND OTHERS. 149

In the Starre Chamber the same day, vizt. 8° Junii, 1632.

Micha Smith

Martha Osmonton, wife of A. Osmonton, Plaintiffs,
and the said Osmonton

For a lybell.

Beniamin Martin. A. B. his servant - )

T , rr, . c • r j TT • Defendants.

Joseph lurpin, opining and Hanson - '

That Micha Smith and the said Osmonton and Martha his wife
are persons of good name and reputation, and the Defendants ledd
with malice among themselves framed and contryved a false and
scandalous lybell in meeter or verses against the said Martha
Osmonton and Micha Smith. The verses were sett to the tune of
Tom of Bedlam, and to this effect: There is a report of a cryme
committed betweene some of the holie Brotherhood, ending with a
scurrilous verse, wench lye still, &c. and none did suspect that they
were the elect, up the hill they came tripping wth nimble bodies
bending, and upon her he nymblie skipped : and so when he had
instructed her, he said Yonder cometh a sinner Her husband then
like an heavy headed man came up the hill lamenting, the bell
ringing away they hast to sermon. Her face is long, her browes
are black, her high woodden heeles they are in the fault, they
made her catch a fall, and as for the man soe holie he is, that he
will speak e to noe bodie he meets, &c. That these verses were
meant of the Plaintiffs Micha and Martha, and her said husband,
and the defendants did afterwards maliciouslie scatter and publish
the same verses, to the great scandall of the complainants and of
religion, &c.

The defendants doe all confesse in their answeres that the plain-
tiffs are persons of good name, and for ought they ever heard of

150 8TAR CHAMBER CASES.

honest lyvca and conversacions, and Turpin went about to excuse
himselfc by this, that he shewed the libell to two of the jurats of
the Towne of Rye in Sussex, vizt. to John Nowell and Richard
Mills, Jurats and Justices of the peace, who said that the Author of
them was worthie to be punished, and that he knew not who were
meant by it, and delivered the same as an idle paper to one M™
Palmer, widdowe, but he did not labour to suppresse the same, and
soe he and all the rest, save Martin's man, who made the lybell,
pleaded Not guiltie, and leaft the plaintiff to prove. Martin's man
ranne out of the country.

And they shewed by dyvers witnesses that the plaintiffs have
lived for manic yeares togeather without anic such disgrace, and in
good reputation among their neighbours; and it was proved that
Turpin said there were verses of some of the purer sort, and that he
would give a pott of becar to see them, and that Hanson wrote
them out by Spirings meanes for the said Turpin, and that he had
spoken of them in Osmonton's shoppe before his face. Mills the
Jurat testifyed that Joseph Turpin confessed before him that he
gott them written out and gave him that wrote them a quart of
wine for his paines, and that he delivered the verses to Mrs. Palmer,
widdowe; and he beleiveth they were made of the plaintiffs,
because Martha Osmonton is of the heighth and visage in the verses
mentioned, and it was rumored of them. Another witncsse saith
that he hath heard the verses were made against Micha Smith and
Martha Osmonton, and that Beniamin, Martin's man, made them as
Martin himself confessed, and said he would beare out his man for
makinge of them, for (said Martin) they say it is a lybell, but I say
it is a true bill, and He (meaning Micha Smith) did lye with
Martha Osmonton if I ever lay with my wife, and he said he would
helpe a coppy to anie that desired it. Another witnes, He thinkcth
these verses were made against these persons the plaintiffs, and he
heard Beniamin Martin say in an Inne that it was a true bill,
though they called it a libell, and said he would iustifye it; and
this he spake with great carnestnes, strikinge his hand upon the

SMITH AND OTHERS V. MARTIN AND OTHERS. 151

board. Joseph Turpin in his examination saith that the Com-
plainants have ever behaved themselves honestlie, as farre as he
knoweth ; that he did not publish the said verses, but shewed them
to the aforesaid two Juratts, and buying of sugar at Mrs. Palmer's
shopp he pulled out the paper and gave it unto her. Beniamin
Martin upon his examination saith that Robert Wright his servant
made the said verses, and doth not thinke they were made of the
complainants, and for anie thinge he hath heard or knoweth they
did ever behave themselves honestlie.

LORD COTTINGTON saith it is a lybell without question, and a Sentence,
shamefull plott by them against religion. Martin's man made it, Lord
his master said he would justify e it, Spiring and Harrison they
published it, but he doubted whether Turpin be to be punished
because he shewed it to the Juratts. Spiring and Harrison, though
they knew not who made the libell yet knew whom it concerned.
He therefore fyned Martin, Spiring, and Harrison at 10011 a peece
equallie, and thought good that the decree appoint them to make
recognition of the wrong donne by them, and ordered them to pay
betweene them 40" a peece for dammages unto Osmonton and his
wife. Micha Smith died since the bill exhibited, and he fined
Martin's man also at 10011.

LORD HEATH saith this is a mockery of religion, and though
they pretend they knew not of whom it was made, they must needs
know it was meant of some neare thereabouts, for Martin himselfe
he deserves to pay more, 20011 fyne, and the rest 100U a peece, and
Turpin to pay 100" fine also, and 40li damages to ye parties, and
acknowledgment of their fault at the barre in this Court, and in ye
place where the offence was donne.

None of these defendants can be sentenced for the author of this Lord
lybell, but for publiehinge of it. I shall sentence them all; I shall Richard80n-
not exempt Turpin, $pr he delivered it to two scverall persons, nay
to three. Certainlte he was delighted with it and reioyced at it :
though he did deliver it to the Juratts: if it had bin by way of
complaint, yet it was a publishing of it. J take it this is the rule,

152 STAR CHAMBER CASES.

if it concern a publique person the libell must be shewed to the
Kings Counccll or some competent judge, but if it concerne anie
private person he that findcth it must burne it: but this man gave
wine for the writing of it. The poore sword-bearer of York was
sent for a quart of wine and by the way there was a libell reading,
and he did but stay the reading, and heard it, and laughed at it,
and this was punished here, and that severelie. This is, therfore,
an offence in him, without question. For Martin, he is a publisher,
nay, a justifyer of it: Is it a libell ? Nay, it is a true bill, and he
setts the tune of it, to the tune of the Watch Currants and Tom of
Bedlam. It is a wicked and profane libell against such as goe to
( 'hurch carcfullie, to heare praier and to hearc sermons. I say
they are Atheists that scoff e at religion in others. I adjudge that
Turpin, Harrison, and Spiring pay 200U fine a piece, Martin and
Wright 500 marks a piece, 1001' dammage, to make acknowledg-
ment of the wrong donneto them in this Court and in the country,
and that they shall all be bound to the good behaviour .

BISHOP OF LONDON saith it is a very foule libell made against
these persons, as it appeareth to him, and against religion. He
noted two circumstances out of the proofes, that it was begunne in
Rymes house an alehouse, and the tune was sett betweene Martin,
Turpin, and Harrison, but Martin outweigheth all the rest, for
he hath contradicted himselfe. He said (as two have sworne) it
was a true bill, and he would justifie it, and yet, upon his oath they
lyved honestlie for aught he heard or knew: in the fyncs, dam
mages, and sentence he agreed with the Lord Cheife Justice
Richardson.

were but short, and
The EARLE OF DANBY - - - agreed whh

The EARLE OF BRIDGEWATER - ^ Q^ Jugticc

The EARLE OF ARUNDELL AND SURREY Richardson.

The LORD PRIYY SEALE were very . short likewise, but

ARCH BISHOP OF YORKE and
LORD KEEPER -

agreed with my Lord Richard-
son in their sentence, savin ge

PETERSON V. TRAVER8 AND OTHERS.

153

that the Archbishop would have the plaintiffs make their purgation
before their Ordinarie, because here was more then a fame; and
this the Lord Keeper said was not to be donne, because the defen-
dants themselves had upon their oathes cleared them sufficientlie.

Complainant.

Defendants.

Robert Peterson, Deane of the Cathedrall
Church of Exeter - - - - -

Samuell Travers, Clarke, William Cotton,

chauntor of the same Cathedrall Church.
Edward Cotton, Archdeacon of Totneis.
Joseph Martin, Clark, the said Archdeacon's

official!.

Faulkner, servant of the said Edward Cotton.
Arthur Bampton and Katherine his wife,

and
John Frost, father of the said Katherine.

Samuell Travers by letters of commendacion of William and T
Edward Cotton obteyned the King's Matic* letters to commend him
to the Dean and Chapter, to commend him to the next Chanon's
place, but the plaintiff taking notice of the undines of the said
Travers, he endeavoured to crosse them, and besought his Matic that
the Deane and Chapter might be leaft to a due and free election,
and his MaUe wrote his gracious letters accordingly recalling his
former letters, whereuppon the defendants give out threating words
that they would wish the plaintiff to desist in his course against
them, or els they would soe bespatter him as would bring him into
disgrace with his best freinds, and hinder his preferment for ever:
They plotted and conspired, therefore, to revenge themselves, and
in Julie last they cast upon the plaintiff a scandall of incontinencie

CAMD. SOC. X

154 STAB CHAMBER CASES.

in this manner:— [Catherine Frost sometimes the plaintifFs servant
and kitchen maide was with child by William Combre. The said
Travers William and Edward Cotton draw the said Frost into
the plott, seeking to charge the plaintiff to be father of the said
Katherine's child with which she then went. Upon Satturday, 1 7
Sept. ult [ imo] , the election of a new Canon resident was to be made.
Upon Thursday before 15 Sept. Travers went to Ashe, twentie
miles from Exeter, where Frost dwelled. The next day being the
16 of Sept. he drew Frost to Colhampton * (some 14 miles from
Ashe) where Bampton and his said wife dwelled ; then Frost was
to use his endeavour with his daughter, that she might fix this
scandall upon the plaintiff, and to this purpose Frost is sent before
to his daughter, the better to prepare her against Mr Travers his
comming; yet. notwithstanding all endeavours, she continueth to
affirme that Combre was the only father of the child, and so Frost
tould Mr Travers, who afterwards threatned her, and promised her
1001', and then she is wonne to say what they would have her.
He presentlic setteth downe in writing the accusation, in forme of
an examination, in these words: — Katherine Bampton being asked
by her father John Frost who begatt the childe she then went
withall, she said her master the Deane of Exeter, Doctor Peterson,
begotten in the parlour upon a Sunday, in the aftcrnoone about 3
weeks before Christmas last; in witncs whereof I have hereunto
sett my hand, the 16 day of Sept. 1631, and this I will speake before
Mr Chauncellor of Exeter; and the said Travers then gott a pro-
mise of her to come the next day to Exeter to make her confession
before her deliverie, which she lookt for dailie, and she was brought
to bed the Sunday following, being 18 Sept. She came to Exeter
from Colhampton, 10 myles, on horsebacke accordinglie. The
Chancellor of Exeter refusctk to intermeddle with the matter, then
Joseph Martin the Officiull and Faulkner are ioyned; Faulkner
brought her to Martin's house; Mr Martin had prepared a notary

• Collumpton.

PETERSON V. TRAVERS AND OTHERS. 155

of purpose to make a present act of it, and soe did, and enioyned
her penance att Colhampton, Falkner waited upon her att the New
Inne and was to go home with her. This donne William Cotton
was sent to the Deane the plaintiff, the better to bring him to this
eleccion of Travers, but he pretendeth he commeth out of respect
unto him, to shew him of the accusation, that he might defend
himselfe, and he sheweth the plaintiff the accusation taken at Col-
hampton, before Frost and Travers under her hand, this lha
plaintiff tooke a copie of, and would not let goe till the said
William Cotton sett his hand to attest it a true coppie. The next
day she was delivered, and after she was delivered, to the minister
of Colhampton and others in remorse of conscience, or at least in
shew of repentance, she saith and confesseth that all which she
had said against her Master the Deane was false, and that it was
Mr Travera his doing to draw her into the said confederacie. And,
my Lords, to be cleare of this foule slaunder, and for repaire of his
honor the plaintiff hath brought this bill before your honors.

Mr Travers is called to appeare at the barre, and he appeared,
and Mr Recorder desired, he might attend his Councell, for that it
would appear, he hoped, that Mr Travers was not such a man as
this bill would make him : and it was granted, soe hee went from
the barre.

That he procured the King's letters to the Deane and Chapter, Trayere his
and other mens letters for the next Canon's place that fell void :
that at the reading of the said letters he had the greater number
of elective voices: That he had noe such repulse as to conceive
malice against the plaintiff: that at the first of August after this

first election before he ever saw or knew Frost, or the said Kathe-

^.

rine, or her husband, there was a common fame that she was un-
lawfullie begotten with child, and this by the plaintiff, and soe
reported in the Assizes' time by persons of good worth, and the
playntiffe or his freinds heard of it, and yet never complayned of
it : That he went to Sr John Drake's, and there he met with
Frost, who tould him that his sounc in law Bampton had com-

156 STAR CHAMBER CASES.

playncd to him that his wife was gotten w01 childe by the Deane
her Master before his marriage with her : Thereupon he came
with Frost to Colhampton ; it was in his way home. lie came to
his inne. Frost brought his daughter to the inne to the said Mr
Travers. She first refused to say the truth, because it concerned
great men, and she was afraid she should be greatlie punished.
The defendant tould her she must regard her soule, but when she
had tould it in manner aforesaid, he then advised her not to publish
it. She tould him that she was scited to appear before the Chan-
cellor, but she feared she should be delivered before the time of her
appearance. He advised her, therefore, for the better clearing of
her conscience to goe to Exeter the next day, to confessc it before
the Chancellor: that she came to Exeter and did confesse before
Mr Martin the Official that she was gotten with child by the plain-
tiff 3 weeks before Christmas, upon a Sunday in the afternoone,
that this was registred and an act made of it, that the next day she
was delivered, and in her extreame travell she charged the plaintiff
onlie, and the next day she said as she was to appear at the day of
judgment the plaintiff, the Deane her master, was the father of the
childe; but the said Mr Travers denieth that he wrote anie such
words or lynes as are mentioned in the bill of complaint And he
doth not know whether Mr Deane of Exeter be guiltie or noe of
this crime, but leaveth it to sound proofe; and to all the con-
spiracies, plotts, and misdemeanors charged he pleadcth Xot guiltie.
Mr Martin the He saith that the time Katherine Bamptcn came to him to his
Official! his house in Exeter was the first time he either saw or knew her; he

AIlSWCTfe

opened. knew not that she was to be examined till she came, and he sent

for his ordinarie register, who being not found he sent for him
againe, he was therefore constrayned to use another. She said she
was come to acknowledge her offence. She was after admonition
asked by this Defendant who was the father of the childe, she said the
Deane of Exeter, her master; an act was made of this presentlie,
and penance enjoyned her. Out of respect he had to the Plaintiff
he gave noe schedule of the penance, but went presentlie to acquainte

PETERSON V. TR AVERS AND OTHERS. 157

the Bishop of Exeter with what had passed, but he was not at
leisure, but the next morninge he did declare unto him the whole
matter, &c., and to the conspiracies, plotts, and misdemeanours he
pleadeth not guiltie.

William Cotton saith that he gave Mr Travers his letters ofwilliam
commendation to the King's Majestic, knowing him sufficient for the £|ttonj
place in question. That he knew not Frost nor his daughter. Cotton, and
That he, out of good will to the Deane, shewed him the said note or aifswere'
wrytinge, for which the Plaintiff promised to requite him, but the opened.
Defendant did not expect this bill for his requitall; to the conspi-
racies, plotts, practizes, offences, and misdemeanours complayned of
he pleadeth Not guilty. And Edward Cotton and Falkner plead
Not guiltie.

She was present in Court at the barre and soe was Frost her Katherine
father. Her answere conteyned that she was drawen to accuse the a^werereac
Plaintiff onlie by the said Mr Travers, that it was his plotting, that
he drew her to it by faire promises, and by drincking to her in
wine, that he bidd her name more then one time, for that none els
would beleive he could at once gett her with childe, but she refused :
and he bidd her not to fear, for he was workinge for her good, &c.
The marke of Katherine Bampton. She had no councell to her
answere that sett to his hand.

Mr Bierlie declared that he refused to be of councell with her and
her husband, because he sawe, after he had read it, that they had
confessed all the matters charged in the bill.

He confesseth he was tould by her when he was a suitor to her Arthur
that she was with childe by Combre, who was runne away about it :
that he never heard her say anie other besides Combre was the
father of her childe : that yet he was contented to marrie her and
did, and denieth anie combinacion or confederacie, and that he ever
tould Frost, his father-in-law, that she accused not anie other then
the said Combre, and soe Not Guiltie. Arthur Bampton.

That he is the father to Katherine, the wife of Arthur Bampton, John Frost
that he is poore, that Bampton came to him and tould him his wife

158 STAR CHAMBER CASES.

said the Deane her master was the father of the chilcle; and Mr
T ravers came six weeks after and asked him about it, and this
Defendant said it was true, as the said Bain pton tould him : that
the next day he went to Mr Travers to Colhampton, and Mr Travers
paied for his horse and expences of the journey. That Mr Travers
pressed her to confesse the truth, that she did accuse the Plaintiffe
to be the onlie father of the childe, and she named the time of the
begetting the child, and a writing was made presentlie by mr
Travers of her confession, whereunto they both sett their hands.
Proofea on First were shewen the suspitions by the servants in the Plaintiff's

^plaintiff's hou8e> lhftt combre the Plaintiff's brother's man gott her with
child. She said, upon expostulation with some, that Combre gott
her with childe, and proved that Bampton said he would marrie
her though she had 20 children in her belly : and he did marry her
a fortnight after Midsommer last. Combre, being at London with
his master, was tould that Kate was with childe, and he stood
silent, and ranne away from his master that night.

Then was read the King's letter. CHARLES REX. Trustie and
welbeloved we greet you well. Forasmuch as it is to the good of
the Church that free elections be made, these are to recall our late
letters and leaving you to your free choice, withall chargingc you
to lay aside all faction against your Deane, and the present dignitie
to be placed upon a person unstained. Given at Oatlands, 16 July,
1631. To the Deane and Chapiter of the Cathedrall Church of
Exeter.

Robert Hall, being in companie with Edward Cotton at Baker's
house, heard Edward say : If the Deane use anic course to disparage
Mr Travers we will fmde such a matter against him as shall disgrace
him to his best frends, and soe bespatter him as shall hinder his
preferment for ever.

Joseph,* Lord Bishop of Exeter, saieth, he being present in the
Chapter-house when Travers his letter from the King was read,

• Joseph Hall.

PETERSON V. TRAVER8 AND OTHERS. 159

the Plaintiff saying he would bring the said Travers upon the stage,
he heard the said Edward Cotton say these words : Then he will
act his part too.

Hutchinson, the Apparitor, cited Katherine Bampton to appeare
before Mr Baldwin, and she said, Well, well, if Mr Deane's
brother's man had tarried in the country and used her well she
had not come to this trouble and shame. She tould the deponent
that she acquainted her husband with her being with childe before
her marriadge with him, who said if she had 20 he would not leave
her. The deponent was asked by Mr Edward Cotton whose the
childe was? He answered that she said, Combre's: but Mr Cotton
laughing said: Is not Mr Deane the Father?

The Register of the Archdeacon of Totneis, 1 Sept. Martin the
official and he kept court att Tiverton, and comminge from thence
he said to the deponent that there was a cause of office thereabout
that might yeild 20 or 301'; and he saith that there have beene
some differences betweene Mr Edward and William Cotton, Tracers,
and the Plaintiffe.

Bampton in his examinacion sweares that he never tould his
father-in-law nor anie other that his wife said that Mr Deane, the
Plaintiff, was father of her child, and never heard her (he saijh)
name anie other than Combre to be father of it.

Agnes Warren. That 16 Sept. about 10 of the clock the same
day the said Katherine did swear and protest to her, and wished
that she might not be delivered of her childe, if anie other but
Combre were ye father of it.

Katherine Bampton in her examination saieth, that Mr Travers
did perswade her to lay it to Mr Deane's charge, and warranted her
she should gaine 100 u by it, and promised her that her childe
should not want, and that he would free her of the Court, and
perswaded her to confesse Mr Deane lay with her more then once
or twice, that Mr Travers, and Frost her father, and her selfe were
all the companie, and thay had 3 pints of sack, and he forced her
to drinke off the sack.

160 STAR CHAMBER CASES.

John Frost, in his examination, saicth that she did dcnie it
to Mr Travers 3 or 4 times, and he bidd her drinke and asked her
againe, and she said, What will you have me say, they are great
men, &c. ; that he said the first oath should stand and that it
should be worth her 100".

Mr Travers his examination. That he came to Colhampton to
be satisfyed by Frost of the trueth, but it perteined not to him, but
as it was a popular action : that he bidd her drincke with such
words; It is good to wash the boye's head and it will doe you noe
hurt. That she said it was upon a Sunday when the rest were att
church, that he did write certeine lynes but never wrote such, or
anie the words or lynes complayned of in the bill (the writing it
self was brought into Court and read and compared with the bill,
and it was found that they onlie differed in these two words (and
the) this was held periurie). That she said she was scited, but
feared she should be delivered before her apparance, and therfore
desired to discharge the truth before hand, and he wished her to
come to the New Inne, in Exeter.

In the Starre Chamber, 15 Jmiij, 1632.

The Deane of Mr Martin in his examination saith he knew not the businesse
Twm/lndf184 bsfore hand ; yet saith he chose such an one to be his Register in
• speeding the act for more secrecie. It was confessed in their exam-

inations and proved that they all 4, vizt. Mr Martin, the two Cottons,
and Mr Travers mett 17 Sept. at a taverne in Exeter, that Mr
Martin went from thence to his house, and there mett Katherine
Bampton, and spedd the act: that he returned to the taverne wher
the other three remayned, and thence went to the Bishop of
Exeter's house to declare it to him ; The Bishop asked him why he
would make an act of such a matter against soe eminent a person

PETERSON V. TR AVERS AND OTHERS. 161

upon such accusations ? And it was noted by the Councell that
this being supposed to be done by the Deane, the examination
thereof (the Deane being a partie) belonged to the Bishop onlie.
Edward Cotton saith he did not say positivelie Mr Travers would
take some desperate course to revenge himself, but he spake those
words of his own conceipt onlie. William Cotton saith the Deane
held the paper soe fast that he would not let it goe till he had a
coppie.

One deposeth that he heard Mr Travers say he would runne this
course and put home this accusation to the Deane; and said that
Sr John Drake tould him, the Deane should not be soe forward
about all men to seeke such accusations against another, for his man
Frost tould him that his daughter was begotten with child by him :
that this was the reporte at the last Assizes.

Frost being served with a Subpoena, he said he would talke with
his master and consider of it ; and a message was sent by Mr Travers
that she should stand stronglie in it, and it should be well enough.

Mr Pecke the Vicar and preacher of Colhampton came to the
said Katherine lyinge in childbed the day after she was delivered
of her childe, being the 19th day of Sept. He was her Pastor, and
hearing that she did accuse her master the Deane of Exeter he
thought good to aske her of it, and she said first it was her master,
but being put to it, if Christ should come into the chamber and
aske her the question, Who was the father of the childe. Whom
would you name, What would you saie ? she answered I hope I
should speake the truth. That presentlie after the Midwife m™ Din-
ham talked with her, but after she had donne with her he asked
her againe; and she said she had wronged Mr Deane, and that Mr
Travers perswaded her to doe soe, and cryed out ; that she puffed
and bio wed, and was sorrowfull for accusinge Mr Deane, and soe he
departed.

Mrt Dinham saith she talked with Katherine when Mr Pecke was
there, that she intreated her to speake to Mr Deane for her, that she
might not have too much punishment : that she said she had falsely

CAMD. SOC. Y

162 STAR CHAMBER CASES.

accused Mr Dcane, and that Mr Travers perswaded her to it, but
whether she hath wronged the Complainant Mr Deane or Mr Travers
the deponent knoweth not.

M K- • ' r That William Cotton, Chauntor of Exeter, is a man of unblame-
' able life, and knowne by the name of honest Cotton. Edward
Cotton is Archdeacon of Totneis, and Mr Travers a divine of good
worth. That an offence of an high nature is here charged upon
them, a conspiracie to lay a great scandall against another of their
brethren, and more then that a man of eminent place and qualitie,
and if guiltie of this, their punishment would be great; but because
it is an harder matter to defend then to accuse, we desire to be
heard at lardge, and then we believe that all these, or the most
shalbe quitt, as Mr Deane is guiltlesse. The fact was donne, there
was a common fame a moncth before August, that this was donne
by the Deane, it was in the mouthes not of the meaner sort onlie,
but of Baronetts, Knights, Esqrs, Batchelors of Divinity, and women
without number : there is a difference betweene a fame and a
rumour. We doe not accuse Mr Deane but defend our selves. In
July it may be it was reported that Combe was father of the childe,
but in those paines she praied that she might not be delivered if it
were not the Deane's : That Jane Dinham, Peck, and 2 others
were used to bring her to recant those words the day after, and this
presumption doth as good as prove it, they dcnie to answere (being
crosse examined) upon what promises made by themselves she did
so retract. Frost upon his examination maintained the fame. She
presentlie confesseth the whole charge of the bill ; Bampton he
saith as much as maic be for the plaintiff in his answere, and it
secmeth Mr Dcane's money paicd for there answere for he said
Mr Deane would give him money to pay for it. We hope now that
noe inferences shall make these men guiltie.

Proofe*. Sr John Drake of Ashc, in the parish of Axminster, in the

County of Devon, knight, deposeth that he heard by the report o!
John Frost, father of Katherine Bampton, that she was bcgott with
child by her master, Mr Deane of Exeter, a moneth before August.

PETERSON V. TRAVER8 AND OTHERS. 163

William Drake, Esqr : About a week before the Assizes in
Summer last, John Frost in the hearing of this deponent and of
divers others said that the Deane was the reputed Father of the
base childe, and divers times he heard him report the same.

Sr Thomas Prideaux, Knight and Baronett: That one asked
Frost in this deponent's hearing, what was become of his daughter
Katherine, and he said she kept the key of her master's chamber,
and made his bedd and that she was begotten with child by her
master, the Dean of Exeter: That whosoever boare the blame, the
Deane had the game: And that she tould her sister that it was not
Combre was father of the childe, but a greater man, and that this
newes was in the mouthes of men of worth, though it came first
fioin John Frost.

Sr Edward Seymour, Knight and Barronett: That in Lammas
Assizes for the Countie of Devon, and afterwardes there was a
common and publique fame in Exeter and the Countie of Devon
that the Deane of Exeter had gotten his maide with childe.

Prove the same (saith the Bishop of London) before the breach
betweene Mr Deane and Mr Travers : the kings letter to recall the
former, going downe in the middle of July.

29 July. Bampton was convented before the Chancellor in the
Consistorie for incontinencie ante nuptias, et voluntarie fassus est
crimen, and penance was inioyned. but not executed, because there
was a mistake, viz. he confessinge that he married one that he knew
to be with childe, before it was entred that he confessed the crime,
and soe the penance for this mistake was remitted.

17 Sept. The accused the Deane before the officiall Mr Martin.
18 Sept. in her sharpe and bitter travell (saith Rose Skinner) she
said it was the same man's childe, for whom I tooke my oath
yesterday, and proved by divers, she said, It is my Masters, and
said it oftentimes, being charged to wronge noe man: and that she
gave God thanks when she was delivered, for that she had prayed
she might not be delivered unlesse she spake the truth: and that
she said, Upon a Sunday in the afternoone, the childe was be-

164 STAR CHAMBER CASES.

gotten, and upon a Sunday it was borne: and Dorothy Durdan
often perswaded her to say the truth.

Mr Pecke the minister of Colhampton, Jane Dinham, Durdan,
and one other, were imployed to make her retract: as appearcth
(saith Mr Recorder) by their refusinge to answere upon their
croese examination to the defendants 11 and 13 interrogatories:
which were read now in court: 11. Item did not the same Pecke,
besides the terror of judgement before God terrefie her with corpo-
rall punishment. What was promised by you or anie other to be
given her for a reward, did not you say that you or some other
bodie, and who would be a freind unto her? 13 did you write anie
letter, did you use anie meanes to gett her to retract what she had
spoken: what were ye meanes, who sett you on worke? To these
interrogatories, saith Mr Recorder, these deponents refuse to make
anie answere, although it concerneth themselves and their deposi-
tions were read: Dorothy Durdan to the 11 and 13 Inter[rogatory]
she cannott depose; and soe for Jane Dinham and Mr Pecke.

Frost confessed upon oath before the Bishop of Exeter 27 Sept.
that it was true his daughter did accuse Mr Deane; 5 Octob. he
retracteth being tould, in the ineane time, that he was undonne,
by William Drew.

The examination of Katherinc Bampton. This needed not,
seinge she had confessed it all before.

John Watts the Under-sheriffe of Devon had an attachment
against Falkner, and Bampton sollicited to get a warrant against
him.

Eustace Craddocke one of the attorney's clarks of this court
saith that Bampton and his wife brought their answere readie
drawen to him and desired him to cngrosse it, and said he should
have money when it was donn of Mr Deane to pay for it.

Then were read divers witnesses who testifyed of the good names
and reputacions of William Cotton, Edward Cotton, mr Travers,
and mr Martin, and that William Cotton was knowen by the name
of the honest Chauntor.

PETERSON V. TRAVERS AND OTHERS. 165

Then Mr Recorder came in particular to shew what was against
everie of these Defendants severallie, William Cotton inquired the
truth of the report : he denieth to be an actor : he delivered the
writing to the Deane. For Edward Cotton there are but meane
inferences ; that he the said Travers would act his part, this was
before the Bishop. For Mr Martin the officiall, that he and the
Register were at Colhampton, and Tiverton, and he said there was
a cause of office which might be worth 20H : this was before he was
wonne to accuse the plaintiffe, by the bill : he could not refuse this
voluntarie confession of Katherine Bampton ; we could have proved
there was a cause of office more worth, but to save nameing, this is
not in the bill; and for the Bishop of Exeter's jurisdiction (as is
confessed by Mr Martin) if the offence be supposed to be donne by
the Deane, then the matter is to be examined by the Bishop : yet
if this be notorious, the jurisdiccion is not to be examined, that
they dyned at Mr Cottons, and then went to the taverne, and he
went home and brought an account of it because he came to them
againe. — For speeding the act by another notarye, he sent for the
Register Giste, but the messenger returned without speaking to him,
but gavo him this answere that he could not be found : soe he used
another, which speeding of an act hath been warranted. What is
testifyed of Edward Cotton, that he said he would bespatter mr
Deane, this is but one witnes. For Faulkner he sweareth he did
pay the charges out of his owne purse and not his masters : and yet
if Mr Cotton should enquire too much and reioyce at his enemies
falling, I conceive though it be not honorable yet it is not a crime
pu[n]ishable in this court: and Faulkner might be desired to goe
to such a place by his master or anie other, and very innocentlie.
For Mr Travers, he is a divine, a clergie man, a man of good
life and learning, therefore, I hope nothing shall stick upon his
person, but what is soundly proved; if Frost and his daughter be
good witnesses and her husband, then it is impossible to defend
him. Katherine sweareth Mr Deane was the father of the child,
and soe is forsworne: 18 Sept. and two houres 19 Sept. she con-

166 STAR CHAMBER CASES.

tinueth in the same till Mrt Dinham came to examine her, and then
she confessed all. Arthur Bampton he confessed he had carnall
knowledg of her bodie before marriage fassus est crimen : if she
had twenty children in her wombe he would keepe them all ; he
made an indiscreet choice : he was iraploycd by Mr Dcane the
plaintiff : It must be considered what is against Mr T ravers out of
his owne mouth, My Lords I conceive he hath ingeniously con-
fessed as much as they have proved against him and much more.
For Frost he saith it was through Mr Travers his perswasion and
instigation, and soe much I have said he confessed before my Lord
Bishop: He hath abused both the plaintiff and the defendant:
that this suit for adultcrie is populare, and by the common law one
may conferre with his witnesses but not draw them ad mentiendum,
and by the lawe if there be a common fame of a felony anie man
may arrest him, that is the felon. Mr Travers did not beginne this
fame, he was no hastie stirrer or promoter of it, and though he
should doe that which is onfitt, yet it is a question whether it be
heere punishable.

Then said my LORD KEEPER: What say you Mr Recorder to
the denyall of the wryting ? Saith Mr Recorder, the answere to
the interrogatory is that he did not write anie such words or lynes
as are complayned of in ye bill, but he did write some lynes: There
be manie reasons to be given of this: 1. It is not to be conceived
that a Clergie man should, after he had declared all that was against
him, now mince to noe purpose, he had sent the very originall to
Mr Deane himself. 2. The mistake is in the interrogatorie itselt
which puttcth the question, Did not you contrive this wryting in
hac verba f He doth not answere, that he wrote noe such words or
lynes as are complayned of in the bill, but he saieth he did write
some lynes, and he was advised if these were punctually sett downe
in the bill, and the writing did not agree with them, he might
denic them. 3. He did not write any of the words or lynes com-
playned of; they cannot t be the same in the same wryting. The
true note is with their marke. This is with their names.

PETER8ON V. TRATERS AND OTHERS. 167

And for Edward Cottons using of words of revenge against the
Deane: this was in Julie before the defendants knew of Katherine
Hamptons being with child : it is not proved that he knew of the
same till Sept. and there are manie proofes of the same before the
16 of Sept. 16 witnesses at least.

For three of the defendants Bampton and his wife and Frost her sr John Finch
father I shall need to say litle of them, for a whore and 2 knaves J
and soe lett them goe: but I wonder their Councell should take
such exception against them, for Travers kept them companie in
tavernes ; but they prove the same onlie about a moneth before
August, not certeinlie ; and not one of their witnesses but bringe
it from Frost. Mr Recorder hath taken all the advantage he can,
but it is the conjunction of all these constellations that make and
render these men guiltie. The same was about a fortnight before
Lammas, about fortnight. Att this tyme these words were spoken
that they would finde such a matter out as should bespatter the
plaintiff: and the contestation about the Kinge letters is at this
tyme. For Mr Travers he confesseth ingeniouslie ; but what he
knew must be proved against him, not to speake of his grosse
equivocation in denying the wryting. What Bampton said that he
should have money of Mr Deane, I know not how this should stick
upon Mr. Deane, or anie other ; and besides it was not upon oath
for aught appeareth. She gave God thanks she was delivered seeing
she had prayed that she might not be delivered if she spoke not
the truth. It was tyme foj? her to say soe, seing she knew what
she had spoken falselie. For the denyall of Peck and the three
others to answere their 11 and 13 interrogatories, they did denie
what is interrogated, though this (as manie other things) is not
well sett downe by the Clarks. And for Frosts retractation, he
was not served with the subpoena when he retracted, though the
processe be dated 17 Oct., and what relation have we to draw? For
Cotton the honest Chaunter, this is rather a testimonie that proves
him a good fellow, then any wise his gravitie, as the usuall manner
of speaking is. Travers acquainted him with his going to Frost

168 STAR CHAMBER CASES.

to enquire of the matter. He had conference with Travere, and he
delivered the paper to the Deane; and indeed he held it fast and
would not lett it goe till he had a copie : this was the most dan-
gerous plott; if Mr. Deanc had suppressed this, then it would serve
their turnes to kecpe the Deane's nose under their girdles alwaies.
For Edward Cotton though there were no witnessc to prove the
words that they would bespatter him, yet to rejoyce and laugh at
such a thing, and to enquire jestinglie, Is not Mr Deanc the father?
Doeth this become a Churchman? For Falkner he gave vcrie faire
attendance upon the gentlewoman. For Mr Martin, Travers tould
him of a delinquent would come to be examined before him: and
yet dcnieth that he knew of her comminge: this is equivocation :
and why is not Gyst the Register a fitt man to be used ? not to dis-
pute whether the speedinge of an act by a publique notarye be
enough, this perteyned not soe much to his jurisdiction as to the
Bishop : yet he maketh it an act, and an act of one day. But for
Travers if this were the truest fame that ever was, yet he is to be
sentenced, there is a popular action it is true, but his giving of
money and preparing the witnesses, this if there were noe more is
enough against him.

The Sentence. My LORD COTTINGTON : I hould Travers a man transported
Cottington with malice against Mr Deane of Exeter, and though these people,
the daughter and her father, and husband be men of ill fame and
say and onsaie what they please, yet they are to be taken against
an other, when in the same they doe accuse themselves, and espe-
ciallie such an one as converseth with them, as Travers drank wine
and tobacco with Frost and drank to Katherinc Bampton and gave
money to the father for himselfe and to hire her an horse. He sent
Falkner to the New Inne to meete her, and she was conducted by
Falkner to Mr Martin's house: and then his equivocation in denying
the wryting, I doe therefore hould him to be guiltie with Frost and
his daughter of this conspiracie ; he shall therefore pay 50011 to the
King and 200" Dammugc to Mr Deane and make recognition of his
fault and wrong donne to Mr Deane heere and at Exeter. William

PETERSON V. TBAVERS AND OTHERS. 169

Cotton and Edward Cotton: I doe not find such proofe against them
as to give my sentence against them : William Cotton, he knew of
the goinge to Ashe and carried the wryting to Mr Deane, neither
doe I condemne Edward Cotton upon inference on those words and
inquirie of his; it doth not appeare: and, for Martin, I shall not
sentence him neither, he sent for the Register, but the messenger
deceived him, for aught appeareth he was too sudden. Falkner was
Cotton's man and is not guiltie ; but Frost is guiltie. He tooke
Travers his money and he gave occasion to Travers ; therefore he is
to stand in the pillory att Exeter with a paper declaringe his offence
in his hatt, and att Colhampton and to pay lOO1* fine to the king.
I doe not finde what Bampton hath done worthy of my sentence,
he hath cleared Mr Deane, his punishment is enough, he hath mar-
ried a whore. For Katherine his wife I hould her fitt to be made
an example of soe foule an offence. She shalbe therefore well
whipped at Exeter and Colhampton And I hould Mr Deane not-
withstanding all this to be cleare and a worthie man, and soe lett
him be declared by the sentence of this Court.

Mr Deane of Exeter hath great wrong, and* donne him by some Lord Heath,
persons of qualitie. There are but 3 defendants of all these to be
punished : Mr Travers, who though he deserve well otherwaies, yet
this he hath donne very ill, he went purposelie to Colhampton to
seeke it out and this he perswaded them to, and that by promise of
reward ; he prepared the accusation and wrote it downe, he mett
her and sent unto her at Exeter, and when he ha<i donne this
denyed it in substance as grossely as ever anie did, I think, and
he dranke wine and tobacco with them. He is grossely guiltie of
the conspiracie ; therefore I think him worthie to pay 50O11 to the
King and half as much to the Deane for his dammages 2501'. For
the Cottons I dare not say they are guiltie, I dare not censure them:
nor Martin the officiall, he tooke her confession in private, if this
be the course I judge it not: therefore I will leave them and neither

• Sie.
CAMD. 80C. Z

170 STAR CHAMBER CASES.

censure or acquite them. If they are guiltie let their conscience
accuse them or acquite them. For Frost, he is a poore man and
angled after some profitt. I would have him to stand upon the
pillory, for he is guiltie of raisinge the scandall, and to acknowledg
his offence in words, as well as by a paper in his hatt and to pay
1001' 6ne to the King. For Faulkner, he is to be acquitted.
Kathcrine Bampton is guiltie of the conspiracie, and she is to be
whipped at Exeter and Colhampton, and in the open streets, and
committed to the House of Correction. For her husband, I think
he hath done nothing worthy to be sentenced, but donne Mr. Deane
right, he had an hard bargaine of it, and therefore I free him.
Lord This is a great cause. All causes that come here are criminal!,

Richardson. but not crjminall alike. Heere are 8 defendants; 2 of them I shall
acquite, Arthur Bampton and Falkner. There is nothing in ye
world against Bampton, and he is indeed punished sufficient lie, and
Faulkner he paid 10* or 8d, but is not guiltie of the conspiracic; but
I hould here is a conspiracie by Travers and Frost and his daughter.
A conspiracic there is in taking away a man's life or good name.
But how doe you prove these 3 guiltie of it? These two, Frost and
his daughter, are good witnesses against Mr Travers, that ioyned
with them and kept them companie. Travere he enquireth of it,
how? He perswadeth with Frost to draw his daughter to accuse
Mr Deane. Then they come to Colhampton : there he perswadeth
her to accuse the plaintiff, and promised her a reward and 10011 in
her way, and thus the conspiracie is made up ; it is agreed upon ;
she sett her hand to the writing which he drew. Then he pursued
it, and would have her affirme it upon her oath. He kept companie
with her, and taketh beere and wine and tobacco freelie in their
companie, and dranke to her and made her tipsie. Frost he con-
fesseth it, and soe doth his daughter. For Travers, I hould him
guilty of this conspiracie of subornation of penury in Kutherine
Bampton and his owne equivocation, nay playne periury; for this,
therefore, I will fine him 10001', and for the dammages, in some
causes there is reason the dammages should be greater to the partie

PETERSON Y. TRAVERS AND OTHERS. 171

then the fine to the King. There are 2 things next unto life that
are to be esteemed libertas and estimatio or reputatio : crudelis est qui
negliyit f amain. I think, therefore, he is worthie to paie 500h
dam mage. Mr Deane may saie, it was not mine enemie that did
me this wrong, but thou, my companion. It were fitt Mr Travers
should doe as he that scandalized my Lord Dyer, aske forgivenesse
upon his knees. Therefore let him make his confession that he hath
wronged the plaintiff and falselie accused him, and this heere in
Court and at Exeter. This scandall extends not only to Mr Deane,
but to the Church, and to religion; it extends to his MaUe. Never
was King more carefull to preferre worthy men, and yet if this were
true, it would redound to the King's dishonor that he should place
him in this Deanery. I shall fyne Frost 5001' to the King and
imprisonment during the King's pleasure, and let him stand upon
the pillorie at Exeter with a paper in his halt, and make his recog-
nition of his offence in wronginge and falselie accusinge Mr Deane,
heere and at Exeter. For this woman, Combre was the man.
Without doubt they lived wantonlie, there was the ground of their
naughtines, then she is to goe to the house of correction, to be whipt
belowe at Exeter, and heere to if you think fitt, and lett her remaine
a year in prison till she can finde securitie for the good behaviour.
I doe not beleive that Mr Deane is guiltie. I know his life and
conversation out of question is cleare. I think noe man would
touch her of his ranck, and she confesseth Mr Deane never spake a
word to her though she were his servant. For William Cotton and
Edward Cotton: William Cotton was acquainted with the businesse,
he gave a copie of the writing to the plaintiff to his best remem-
brance. Edward Cotton hath more against him, the word bespatter
him : and he did aske this question, Doe they not sny it was Mr
Deane? He knew of the act when it was made, but I shall not
hould these to be sentenced, and yet I shall not discharge them,
non liquet. For Martin, the officiall: he was very hustle; he might
well have forborne makeing of an act, but I shall not sentence him
neither nor acquite him.

172 STAR CHAMBER CA8B8.

Sl Paule, in the Epistle to the Galathians, as I remember, gives
this admonition, there was some contention then in the Church of
Galatia, If you bite and devoure one another, take heed that you be
not consumed one of an other.* Soe there hath been a contention in
tliis Church of Exeter ; there is no speedier cause of mine, and to
make way for men ill affected to break in upon them. There hath
been snapping amongst them both on the one side and the other.
I made it up betweene them once, but they breake out before they
came home, out of which hath risen this stincking thing. In the
primitive Church the Apostles and others were bitten and devoured,
but not one of another. The Arrian Heresy plotted the same
accusation against Athanasius as was heere falselie laid upon the
plaintiff, but that was not one of another. But this is. 1 should
not have wondred if it had beene by a Papist against a Protestant,
or by a schismatick against a regular, but one against another — »ne
in the bosoine of the Church against another of the same Church !
The Cottons, they are the sonnes of a reverend bishop that lived
there, therefore they are to greivu with their Deane and bemoane
him, in that Mr Deane is the sonne-in-law of this reverend bishop;
but I am sorrowfull that this worthy man should be thus wronged
and defamed. For Travers, I shall begin no with him. He was
transported with malice against Mr Deane. He sought for this
place in an uncanonicall order (not that the King may not write to
a Church for a worthie mun, but it is ever best to be left to free
election, as the King's Matie did write most graciously, and I could
desire that this Court should present unto his MaUe in behalf of this
Church an acknowledgment of his gracious wrytinge). I hould
this man guiltie, with Frost and his daughter, of this foule conspi-
racie, and I fyne him lOOO1' because he is a Churchman. I will
fyne him double whatsoever a lay man shall fyne him. For dam-
mages he is worthy to pay 500", but I sett 250U and to make his
publick acknowledgment in this Court and at Exeter of his wrong

• Gal. r. 15.

PETERSON V. TBAVER8 AND OTHERS. 173

donne to Mr Deane. For Frost and his daughter — like »yre, like
whelp — his fyne 500U, an yeare's imprisonment, and what els is laid
upon him, and the like upon his daughter, to be whipt at Col-
hampton and at Exeter; but that it is 10 myles I have her whipt
from the one to the other. Seinge Bampton hath married this
woman I cannon pittie him, let him enjoy his marriage ! William
Cotton and Edward Cotton : 1 never saw Edward but once ; William
never. I am very sory they came soe neare the brink; under the
non liquet I will leave them. For William I lieare he is a good
houskeeper, und that in as clergie-Hke and church-like manner as
maie be; but when they come to bite on another, they are in
daunger to be devoured one of another; I cannon acquitt them.
And, for Edward, I see nothing to commend him but his good car-
riage in other things. I shall condempne Martin thus far for being
soe quick in his sentence, but not to be censurable in this Court,
because this is thought to the course, there is noe canon for it.
I therefore find fault with him, but do not condemne him.
For Falkner, he is a meane servant, he conversed with her in a
ineane manner, and with a base woman, but is not guiltie of this
conspiracie.

These were but short. Lord Wimbleton differed in his sentence, Lord
and fyned Travers 300U, and the Cottons 100U a peece. The Earle
of Danby agreed in his sentence with my Lord Cottington ; Bridge- Danby.
water with my Lord Cheife Justice Richardson. Bridgwater.

Here be S defendants. Mr Deane is falsely accused, the maine j^^
operator is Mr Travers, 1 fyne him with my Lord Cottington ; for Arundell.
dammages but 15011: Martin 1001' fyne: for Falkner and Bampton
I quitt them : the Cottons I doe not sentence ; but for Frost and
his daughter, I leave them with the highest punishment. For the
cause, I have not heard such obscene matter. That these men being
divines should thus scandalize an eminent person of their owne
coate, this is dangerous. Let me speak a litie divinitie, though I
am no divine. They are Pattorea orium ; they should attend their
three Pasceres : pascere vitd, pascere verbo, pascere exemplo. Love

174 STAB CHAMBER CASES.

God above all, and your neighbour as you reel fe, and God send you
better consciences.

Lord Priry July 16, not a word, not a fame upon mr Deane; but at Sr John
Drake's, which is most grosse and most false. For mr Trovers I
conclude him guiltic of the conspirucic; I condemn the Cottons and
mr Martin, and I must lay a fyne of 300" upon Martin for dealing
soc iniudicially. He waa the official!, but herein inoffieiall : He
must not take a voluntary confession in such a sort against soe
eminent a person that the first word must stand in law it is true;
and this is an act of prevention, that after it no purgation can be
made, nor anie defence. For all the rest of the fynes I concurrc in
all that are sett und all other things sentenced. Falkner & Bainp-
ton I cleare; but for mr Travers I cannott sett lesse than 100011 (yne
upon him, and for dammage, fame is more precious to him then life,
therefore 5001' dam mages.

Arch Bishop ^ remember this of the ould Lord of Hundson,* when he was
of Yorke. angry with any of his servants, he would say: — I will hang thee;
nay, I will marry thee to a whore; this is great punishment, then,
upon Hampton, and him and Falkner I sentence not; but what I
doc not to him I leave upon his master. One of the Cottons, I
think Edward, was questioned for indiscretion in calling the Maior
and his brethren fooles, in his Sermon on this text: — Oh yee fooles,
when will you be wise? They are bound by their oathes to yeild
reverence to their Deane, but is this reverence to laugh and iest at
his soe deepe a wronge and false accusation? They have donne
the contrary. But for Travers in him it is a most mulitious and
desperate practise against mr Deane to bring him out of favour with
the best frcnds he had. I acknowledge this cause hath bin worthily
heard. For Martin I cannott excuse him, I shall condempnu him
& sentence him : he ought not to doe such a busincs in his chamber;
' they must not be chamber acts: he is in some measure guiltie of the
offence though not guilty of the conspiracic, yet he was un ayder

• Uunsdon.

PETERSON V. TRAVERS AND OTHERS. 175

to lay it upon the Deane. I sett on him 1001' fine, and could wish
he were suspended from his office. For Travers himself my highest
censure, 1000" fine, anJ for dammage 250U, but to make publique
satisfaction heere before your Lordships, and at Exeter, of the wrong
donne mr Deane, and withall, care to be taken in drawing the
sentence, to doe Mr Deane all the honor and right that may be.
For Frost and his Daughter I agree with the greatest punishment.

I doe desire it be presented to the King (that motion of ye Lord Lord Keeper.
Bishcp of London) that we take comfort to see the King's gracious
Letters. Mr Deane is absolutelie innocent and falsely accused: if all
these accusations and retractations were out of the way, it were
absurd to charge him with anie thing out of their mouthes: that he
is a reverend and an eminent Churchman is cleare, and the sentence
to be so penned. For Mr Travers, he is exceeding foulely guilty of
perjurie and subornation of perjurie, besides the conspiracie; we
may justlie sentence him for this donne in Court, when a man
ehall sweare against a writing for (in and the*). For y° Cottons, I
heare them to be honest men, nemo repentefit turpissimus. Martin
I cannott condempne for the conspiracie, but that he was too hastie.
But Falkner is in noe crime, nor Bampton; but for Frost and his
daughter, they are guiltie cleare, and worthie to be soe punished
with the highest ; and for Travers, I fyne him 50011 & dammages
250" with my Lord Heath and acknowledgment of his fault at the
barre and at Exeter.

• Because these words were left oat. See p. 160.

176 STAR CHAMBER CASES.

In the Stem Chamber, 21 Junii, 1632. pott Clau**m Termini.

THE LORD KEEP[ER]S SPEECH TO THE JUDGES THAT WERE
TO GOE IN CIRCUIT.

My Lords the Judges, — The time draweth neare that you arc
now to enter upon your severall circuit*, before which I am, accord-
ing to my place and dutie, to declare unto you his Matte* pleasure
in four things especiallie. I have often spoken of those things that
appertaine to the administration of justice in assizes and sessions,
for which cause I maie omitt to speake much of those arguments
now, and come to that, in short, which I have in commaund from
his Ma*.

First, his Matle is informed that papists and recusants that have
great estates in the countrie have the greater favour, contrarie to
that which is right, which his M.i"" would have you to looke unto,
and accordingly to instruct the people of your counties in your
charges.

The second thing his MaUe would have you to regard and to
commend to noblemen and gentlemen in the counties is, that you
informe them of the grounds and reasons of his MaUei now present
proclamation, readie to come forth, com man ml ing their repaire to
their houses in the country, and not to lye about the citties of
London and Westminster, and the places adjacent: and this is
necessarie in these daies, wherein men dispute upon proclamations,
whether they should be obeyed. You know that such a thing as the
pleasure of the King made knowen in this Court was sufficient, but
I perswade my self, for the grounde and reasons of this his MaUM
commaund at this time, you know better then my self what they
are: yet for the present occasion I shall name some of them.

Before 5 E. 2 the subiect was at libertic to goe whithersoever he
would within the realme or without; but afterwards it was con-

THE LORD KEEPER'S SPEECH. 177

sidered that every subiect is bound of right to defend the Kinge
and the Kingdome, and therefore the King, by his writt of ne exeat
regnum, may restraine men from goinge beyond the seas, for this it
is cleare; and there are a multitude of presidents in auncient tymes
that Kings of this realme have restrained their subiects from going
into other parts beyond the sea, and the least punishment on such as
went, if they returned, was fyne and imprisonment; if they did not
returne, such were punished by seizure of their lands and goods.

And soe there are a multitude of presidents whereby the Kings
of this realme have, upon due considerations, commaunded their
subiects to dwell at their owne houses. 23 E. 1. 11 Close Rolle,
the inhabitants of the Cinque Ports removed out of the townes for
feare of the enemy and warrs threatned, into other parts of the
Kingdome : and a writt went out to seize their goods that removed.
11 E. 3, a writt went out commaunding the inhabitants of the Isle
of Wight not to remove from out of the said island ; and another to
the men of the same island 15 E. 3, numero 23; 21 E. 3, rotulo
Francie, there is the like sent to the Isle of Purbeck. 3 E. 2,
there is an originall awarded to the Sheriffe of Cornwall, command-
ing him to restraine the inhabitants by imprisonment of their bodies
and distresse of their goods to abide in the countye. 6 R. 2; 22
E. 3, rotulo Francie, a commaunde that those that have anie office
or rule neare the sea should withdraw themselves to their places
and lands neare the seas, and that they goe not from their said
howses and offices: and men have beene commanded to keepe their
habitations and residence. 21 R. 2, Close Roll, part 1, numero 15,
manie were going out of their townes to dwell other where, because
of the depopulations made in manie townes, and there is a writte
that none, poore or rich, should alter their habitations. 30 E. 3,
numero 13*. The towne of [Seaford], in Sussex, was much wasted
with the plague, and the inhabitants were poore; and one Ashtonb
had divers houses there, and was about to pull them downe, and
build in an other place; and a writt went downe to prohibit men

• Properly Membrane 13. b Jacobus Archer de Asshcton.

(AMD 8OC. 2 A

178 8TAR CHAMBER CASES.

to remove, and espcciallie to the said Ashton, and that he should
not pull downe his houses, by which it appeares that when there is
a public inconvenience, or other good considerations, the King may
command men to keepe at their owne residence.

The reasons [to] award a ne exeat regnwn are good in this case,
every man is bound to defend the King and the kingdome : againe,
if men may be permitted to remove to what places they will, then
if 10 may doe it 20 maie, and soe the countrie shalbe weakened in
respect of urmes and defence and in respect of justice, when the
deputie lieutenants and great men be removed and no man left in
the countrie to governe, the people they are stronger then the
meane officers, soe that there wilbe noe meanes to resist rebellions
or great ryotts, and such have been now adaies even in nature of
rebellions, therefore this course is fitt to constrainc them under due
punishment not to neglect their countries. Freeholders should be
alwaies attendant upon the sherifTe for the defence of the countie
and to doe their services, and justices of peace should be at home to
doe justice, and it falleth out through this their being att London
oftentymes, that though there be manie justices of peace, yet
there are but fewe to doe the service: and though there be
manie freeholders, and the service is wont to be layd altogether
upon the meaner sort, yet none are excused from try alls of jurie
and serving in juries under the degree of a noble man; and this
is speciallie to be regarded by you Lordshipps that you see
the sheriffs doe returnc the best and most able freeholders; soe
shall the Kinges service and justice to all sorts be the better
donne. Now it is plaine those gentlemen that make their resi-
dence heere in London forfeit their issues* in the countrie, and
the common wealth in respect of justice disadvantaged. The
sheriffe of everie shire takes his oath to be present in his countie
and there dwelling: and justices of peace take such an oath that if
they be non resident they cannot performe, it is noe discharge from
their oath to live at London; but they remove hither to London,

m i.e. are fined for not Herring on juries.

THE LORD KEEPER'S SPEECH. 179

where they must of necessitie live idle ; they cannott governe heere,
that the Charter of London inhibiteth; and what doe they, their
wives and servants? Themselves goe from ordinaries to dicing
howses, and from thence to play howses ; their wives dress them-
selves in the morning, visile in the afternoone, and perhapps make
a journey to Hide Parke and soe home againe : their servants to
play howses, brothell howses, drunkennes, to anie vice, soe that this
appeareth to be an offence against manie lawes, and verie hurtfull
to the common good, it is therefore a great and a gracious provi-
dence to take care to prevent it as his Matie doth. I pray give the
countries warninge of this, and his Matie will give noe more warn-
inge in this kinde, but expecteth all men to be leaft without excuse
by this his proclamation, if they offend against it.

There is an other, and that is for the observation of Lent and fish
daies, touching which likewise he will give this as his last warninge,
by his proclamacion readie to be published : and this noe doubt to
observe is the auncient custome of the realme : some pretend that
one meate is not holier then an other, and some that their stomacks
will not endure fish and therefore they are to be excused ; but now soe
much light is discovered by the Gospell, that meates are not holier
one then another, and that this is ordeined in policy and the pub-
lique good in diverse respects, their stomacks will not beare it, but
they can sitt all day long att sack and tobacco, nay I have heard of
some that must needs drink tobacco, on the bench: but if I under-
stand of anie such heereafter, they shall not sitt upon the bench any
more. Some pretend that there is not fish enough, it is truth that
the scarcitie of fish commeth by the discouragement of fishermen.
The King therefore hath verie providentlie sett out this proclama-
tion at this time, that men maie not pretend shortnes of warneing,
but have fitt time to furnish themselves, and the fishermen to
provide that there may be plentic. The unsufferable resort and
residence of multitudes to the Citty of London hath heretofore been
one meanes to make fish the scarcer. This is intended to be
remedied, and commaundement shalbe given to the Lord Maior and

180 STAR CHAMBER CASES.

Aldermen that they shall see the fishmongers sell at reasonable
prices ; therefore your Lordshipps are to give a strict chardge and
warning, that the offenders against these good lawes and proclama-
tions shalbe strictlie dealt wit hall, both here and in other Courts,
and you in your assizes are to deale strictlie with them.

Another thing there is to be remembered, that whereas his
Ma*** lately sett forth his declaration in a few leaves, conteyning
certeine orders for the execution of the lawes against idle vagrants
and rogues, and execution is made in one countie and not in
another, now, unlesse execution be done in all, it will but drive
them from one countie to another, therefore you are likewise to
inforce this upon the justices of peace, and other officers, and take
care it be observed.

And one thing more you are to looke unto in the midle shires of
the kingdome that you suffer noe inclosures tending to depopula-
tion.

For all other things you are to doe universall justice that his
Matie maie have honour and his people comfort and quiet by your
industry.

Samuel Travers, clerk, came to the Barre and made his acknow-
ledgment, as followeth : I, Samuel Travers, clerk, doe heere
sincerelie acknowledge that I have offended God and Robert
Peterson, Dr of Divinity, and Dean of the Cathedrall Church of
Exeter, by conspiring and procuring the said Deane to be falselie
accused of the great and heinous cryme of incontincncie, to the
scandall of his person and calling, for which offences I am heartilie
sorric, and do crave forgivenes of God and Mr Deane for the same.
And desireth their honours' favour concerning the perjury.

PRETTY'S CASE.

181

PART II.— HIGH COMMISSION REPORTS.

In the Court of High Commission, Thursday, 20th Octobris, 1631.
s \

George, Archbishop of Canterbury.
William, Bishop of London.
Thomas, Bishop of Coventry and Lichfield.
Theophilus, Bishop of St. David's.

Francis, Bishop of Norwich. Commis-

Before ( John, Bishop of Rochester. sioners.

Sir Dudley Digges, Knight.
Sir Henry Martin, Knight, Doctor of Law.
Sir John Lambe, Knight, Doctor of Law.
Sir Nathanael Brittaine,* Kl, Doctor of Law.

Doctor of Law.

The cause against Samuel Pretty, clark.b

That the said Samuel being a minister was commonly reported
for the space of two yeares last past as a scismaticall man.

He confesseth himselfe to be a minister but denyeth that other
parte of the article.

That he had within 12 months last past preached in the church
called St. Michael Pater Noster Royal, London, without licence of
the bishop of that diocesse.

• IB this a mistake for " Brent" ?

b This may be the same man who was mentioned in the Westminster Assembly
on NOT. 23, 1643, as suspected to be a notorious Antinomian. Lightfovt's Work*,
xiii., 62.

L81

HIGH COMMISSION CASES.

Answere, He confesscth that he hath preached in the said church, and that

he had licence from the late Bishop of London.

3 Article. That the said Samuel in his sermon there delivered these erronious

doctrines and assertions following, viz. : That Christians cannot as
touching their reconciliation with God be too secure, nay, they
ought to singe all care away.

Answer*. He saith that he hopeth these words may be spoken, because a

favourable construction may be made of them.

4 Article. That the said Samuel affirmed, that a Christian or a believer

•ought not to be sorrowful for his sinnes nor be grieved for anything,
noe, though he sinne foulely.

Aif*Mr. That he handling, in his sermon, a point of comfort to believers

in and through Jesus Christ, he affirmed that all the effects of sinne
are taken away from the believers, but he saith that they are not
by themselves delivered from these effects of sinne, sorrow, trouble,
and death, but by Christ, and he confesseth he affirmed all those
words articulated except those last mentioned ; ' Noe, though he sinne
and that foulely,' and he added that those whom God loveth he
loveth to the end; and that Christ hath deserved that afflictions in
themselves evil may be made good to his elect.

• Article. That the said Samuel affirmed, that a believer is as righteous as

the law itself.

Answer. He answereth, not in himself, but is so in God's account, God

himself having made him righteous by his Sonnc, and he saith that
he meant not out of those words of the apostle, Col. 2, 10, to main-
tain any of the old Pelagian errors.

6 Article. That the said Samuel afterwards in private conference with

another minister did affirmc that justification and salvation differ
not and that this is the doctrine of the Church of England.

Answer. He confcsscth that presently after his sermon ended a certaine

minister questioning with him about his sermon or parte of it, he
did affirm that justification and salvation are all one by the doctrine
of the Church of England, and he concciveth he said the truth for
that the homily of the Church of England concerning justification

PRETTY'S CASE. 183

is called the homilie of salvation. All which he did submitt to the
judgement of this court.

SAMUEL SHAW deposeth that he hath heard the said Samuel Depositions
Pretty was accounted a schismaticall man, and he saith in his
sermon at Pater Noster Royall he affirmed that Christians cannot
be carelesse enough as touching their reconciliation with God, which
doctrine this deponent misliked for that it crossed what he had ever
learned in this point, and he hath heard that others of his audience
misliked the same.

Another witnesse saith that within a twelvemoneth last past he
was reported to be a schismaticall person, and that in his sermon
aforesaid he the said Samuel Pretty did affirme, that a believer is
as righteous as the law itself and ought not to sorrow for sinne.

WILLIAM COUPER, rector of St. Thomas Apostle's, sworne,
saith that he understood the said Samuel Pretty was appointed to
preach at the church articulate and this deponent having heard say
that he was a schismaticall preacher this deponent having donne
his sermon at his owne church he went to hear the said Samuel,
and having some ability to write shorthand he, this deponent,
applyed himselfe to take notes of the said Samuel's sermon as
diligently as he could. And this deponent saith, that the articulate
Samuel Pretty did in his sermon deliver those severall tencnis
articulate nakedly and barely, and that they could not probably be
understood otherwise, as they were spoken. And as touching his
said opinion that a believer ought not to sorrowe for sinne he
alleaged these reasons to prove it: 1. That Christ is the scape goat.
2'y. That all effects of sinne are taken away from believers. 3'*. That
God cannot be angry with a believer for his sinne. And he raised
an objection thus, "But I am unthank full and ought not I to grieve
for this?" He answered thus, " Yet Christ hath been thankfull
enough and therefore thou hast noe reason to be sorry for thy un-
thankfulnesse." And this deponent questioned with the articulate
Samuel Pretty about his tenent or opinion sett downe in the last

184 HIGH COMMISSION CASES.

Article, divers tymes, and he still affirmed that justification and
salvation are all one, and that by the doctrine of the Church of
England, and this deponent again asking the said Samuel whether
he would stand to those words, he affirmed that he would maintain
the same.

THB ARCH- Pretty, tell me if you had been in Hierusalem in the Temple
among the buyers and sellers would not Christ have whipped you
out with them, what thinke you ?

Sam1 Pretty. If there were not favourable construction of my words to be made
I thinke I should have been whipped out if I had been there. Then
he fell downe upon his knees and acknowledged he had given just
offence as by the articles was alleaged and humbly desired mercy of
the Court.

The sentence. The ARCHBISHOP then would only have imprisoned and sus-
pended him from his ministeriall office, but it was moved by THE
BISHOP OF LONDON that he might undergoc the censure of the
Court and that to be given in order, for that he and others were
minded to degrade him. THE FIRST DOCTOR or LAW • there
commissioner gave his sentence breifly for his degradation and im-
prisonment. THE SECOND DOCTOR OF L AWE b gave his sentence
only for suspension. THE THIRD c would have him degraded and
imprisoned. SIR HENRY MARTIN would have him degraded, im-
prisoned, and excommunicated, and the erroneous opinions to be
annexed to the instrument and to be published together with the
excommunication. SIR DUDLEY DIGGES would have him degraded
and imprisoned. THE BISHOP OF ROCHESTER affirmed that these
were poysonous opinions and many were infected by them, and he
thought him worthy to be degraded. THE BISHOP OF NORWICH
sayd if these opinions were suffered good manners and religion
must perish, and therefore he is worthy to be degraded, and shewed

• The junior doctor, not turned. * Sir N. Brent

< Sir J. L*mbe.

PRETTY'S CASE. 185

that it was a most ungodly opinion of such men that justification is
but their perswasion that they are just, and then they may doe any
thing and need no repentance. THE BISHOP OF LANDAFFE briefly
assented to his degradation and imprisonment. THE BISHOP OP
LICIIFIELD condemned his opinions to be erronious as touching not
sorrowing for sinne, and alleaged that repentance was the first
entrance into justification, and that there must be something sub-
sequent to justification, that is, mortification, except yee mortify the Gal: 6.
lusts of the flesh yee cannot be saved." The apostles and saints in
the Scriptures are said to be thus justify ed, repentance precedent
and sanctification following upon it, and St. John saith ' If we say 1 John, .1,8
we have noe sinne we deceive our selves and the truth is not in us,'
soe that it is evident that repentance from dead workes, faith in the Heb: 6» !-
Sonne of God, and holinesse of life, are the predestinate way and '
meanes of salvation. But I hould (says the bishop) this man to be
utterly unworthy to speake in the theater of God. THE BISHOP OF
LONDON says he will speake but little to this man, only this, that
great evills doe hereby arise to the Church of God, he briefly con-
sented to his degradation, and to be ordered he should not againe
be received to any ministeriall function. He spake the lesse in this
cause (as he intimated) because there had been soe much said
against these same and the like tenents in the causes of one Townes
and one Mr Shawe, which Mr Shawe, though the said Bishop of
London had in publique declared he should never have to doe by
his consent in his diocesse, yet noe place, said the Bishop, will
serve him but he must needs be admitted to a church in London,
and he came to me for admittance, which I purpose never, God will-
ing, to graunt. THE ARCHBISHOP concluded, brieflie but sharply
reproving him for his phrase of singing all care away; yea (saith
the Archbishop) drinke it away, too; but to what purpose, then, are
all those rules of mortification and growing in sanctification, as

• " They which do such things cannot inherit the kingdom of God." Gal. v.
21.

CAMD. SOC. 2 B

186 HIGH COMMISSION CASES.

Rom: 13, 12. * The night is past, the day is at hand; let us thcrforc cast away the
workes of darknesse,' &c. ; and gave his sentence thus : Let him be
imprisoned, suspended, degraded, and kept in prison till he bring
in his licence.

William Slater, Doctor of Divinity.

DOCTOR SLATER submitted himself by his petition to the Court,
and therby professed he was heartily sorrie for his offence and
tendered his submission to this effect following: Whereas I lately
tooke upon me to translate some of David's Psalmcs, and added
therunto a scandalous table to the disgrace of religion and to the
incouragcment of the contemners thereof, although I have heertofore
declared my intentions in soe doeing, yet I am heartily sory for my
offence heerin, and doe humbly aske forgivenesse for the same of
Allmighty God and of the people of God the whole church, pro-
mising never to offend againe in the like for the tyme to come. To
this he subscribed his name, William Slater. Hcerupon he was
dismissed and freed of his imprisonment ; THE ARCHBISHOP
giving him a very sharpe reproofe for being ever busy about babies.
And THE BISHOP OF LONDON called him back and tould him he
must there give him admonition of that which fromthe king he was
commanded in all his visitation to make knowen to all ministers
that they bee more carefull in their habits not to goe like rufflers
as if they were ashamed of their ministry and this is soe common a
fault (he said) that ministers can hardly be knowen from other men
He bad on a by their habit, and thcrfore, Doctor Slater (said the Bishop), that
',." '.',, ... band is not fitt for a minister, nor those ruffles up to your clbowcs
' ' " almost. DOCTOR SLATER excused himself saying that he was now

in his riding clothes. THE BISHOP replyed that if he sawe him in
the like hereafter he would looke out some canon or other to take
hould of him.

WILLOUGHBY V. WILLOUGHBY. 187

The Lady Willoughby against her j
husband Sir Robert Willoughby J

DOCTOR REEVES for the Lady Willoughby shewed she was
daughter of the late Bishop of Worcester, and now one of the
Ladyes of Honour attendant upon the Queene. That Sir Robert
Willoughby her husband had used violence against her, and would
have compelled her to pledge an health to the devill ; her accusa-
tion against him was for adultery with one woman — striking her
once, and drinking to the devill. To this Sir Robert Willoughby
had answered, and denyed the same. Doctor Reeves moved the
Court that they would graunt her alimonie and charges to follow
the suit against him. DOCTOR DUCK, for Sir Robert Willoughby,
moved the Court not to graunt alimonie nor expences, and shewed
that she went into the company of papists, and they seduced her;
she departed from her husband wilfully, and went over sea to St.
Omer, and there abode two yeares, and entered into some orders,
and now being come over againe, she refuseth to dwell with her
husband, who, upon this caution that she may come home to him,
he will give sufficient bond to use her well, and hopes to drawe
her by that meanes to come to church. DOCTOR REEVES answered
this is strange, he desires to have her live with him, and yet sweares
in his answere upon his oath he doeth not think her an honest woman,
and denyeth her to be a lady of honor, denyeth all; he therefore
desired alimony and expenses. SIR HENRY MARTIN : Why did
you, then (said he), put Sir Robert to his oath in that point? he
must sweare what he thinkes : and as for your motion for alimony,
you must not thinke presently, as soone as she hath exhibited
articles, to have expen88\_as] litis et alimonium — prove a crime first.

THE BISHOP OP LONDON saith, I am sorrie for the Bishop of
Worcester that his daughter is thus seduced, yet if he will put in
sufficient security to use her well, and deale well with her, I will
not give expens8[as] litis neither now nor hereafter. The Court

188 HIGH COMMISSION CASES

ordered that when the cruelty did appeare they would graunt
cxpen9s[a] and alimony: and in the meanewhile Sir Robert Wil-
loughby was to tender his love unto his lady himselfe at her
lodgeing in Diury Lane.

The Cause against Richard Lane, a taylor.

One Richard Lane, a taylor, was brought into the Court by the
. . messenger of the Court, and it was alleaged against him that he
held blasphemous opinions, and had uttered them in blasphemous
speeches; and saith ONE OF THE BISHOPS, ' You make nothing to
lye to excuse yor selfe; you say Jesus Christ denyed himselfe to be
Christ to save hi* life.' * A'hat' (saith THE ARCHBISHOP)' doe
you say that our Saviour denyed himselfe to be Christ ? ' Lane
denyed that he said soe. Then said THE BISHOP OF LONDON,
I heart: you are an high Fumilist, and you hould it very luwfull to
equivocate. Did not you say that you were as Christ was, God and
man? LANE: I did not say soe; but through Jesus Christ 1 think
I am perfect, and 1 hould that perfection is and may be attained
in this life. Aucii BISHOP: Doe you say the Lord's Prayer?
LANE : The Lord hath wrought that in me that 1 need not to use
it, and can pray, I thank God. 1 said that Christ dwelling in a
believer, and being his guider and disposer, he may say, ' Repentance
is hidd from mine eyes.' BISHOP OF LICUFIELD: What say you,
1 John, 1,8. then, to this of St. John, 'He that saith he hath noe sinne is a
lyar?' LANE: The words of the same Apostle, ' He that is borne
of God sinneth not.' BISHOP OF LONDON: St. Paul saith, '0
wretched man that I am, who shall deliver me from the body of
this death;' and are you perfecter then St. Paul? LANE: 1'uul
saith he was carnull. BISHOP OF ST. DAVIDS: What, will you
argue with him ? LANE : Though St. Paul cryed out so, yet

LANE'S CASE.

189

presently he is full of thanksgiving. Jesus Christ hath revealed Rom: 7,24,25.
this to us, and given us his spirit. ' Even as Christ was, soe are l John, 4, 17.
we in this world ; ' and * He that doeth righteousness is righteous as i j0hn, 3, 7.
he is righteous.'

Then the Court referred the drawing of the articles to the Bishop
of London, who undertooke the same.

In the Conrt of High Commission, Thursday, 27 Octobris, 1631. 7° Car. Regis.

George, Archbishop Canterbury.
William, Bishop of London.
Thomas, Bishop of Coventry and Lichfield.
Theophilus, Bishop of St. David's.

Francis, Bishop of Norwich. Commis-

Before John, Bishop of Rochester. sioners.

Sr Henry Martin, Knight, Doctor of La we.
Sr Charles Cesar, Knight, Doctor of Lawe.
Sr John Lambe, Knight, Doctor of Lawe.
Sr Nathanael Brittaine,8 Knight, and Doctor
of Lawe.

The Cause against Samuel Pretty1* Clarke.

The sentence of Degradation of Samuel Pretty Clarke was
brought to the Court ready drawen and the said Samuel being
called came in and appeared and then the Archbishop read the sen-
tence in latine beginning, In nomine Domini. The maine clause of
the same sentence being, ab omnibus ojficiis spiritualibus degra-
damus, &c. And to this sentence all the board sett their handes.

See note to p. 181.

b See p. 181.

190 HIGH COMMISSION CASES.

The Cause against one Fox for speaking against confirmation.

Fox being present at the catchising of some youthcs in London
heard the minster (as it seemeth) deliver, that the Bishop's con-
firmation did acquit and discharge the Godfathers and Godmothers
and then presently Fox (disliking the same) did aske the Curate
what he had to prove that out of the word of God ? The Minister
presently cried out and called upon his Master and called for the
Officers alleging against him the disturbance of the Minister in
tyme of Divine Service: upon this Fox was committed to prison
and brought to this Court and accused for speaking against con-
firmation, which Fox denyed and the prosecutors could not prove, but
that onely he spake those wordes afore mentioned, " What have
you to prove that the confirmation of the Bishop doeth free the
Godfathers and Godmothers of their charge out of the word of
God?" Heereupon it was the opinion of Sr CHARLES CESAR that
this man was not to have been brought hecre for this, being the
speaking against confirmation was not proved nor could be; and
therefore he was to be discharged of his imprisonment.

THE BISHOP OF LONDON, in whose diocesse this was donne (as
it seemeth) declared his minde that he was not against the release-
men t of the youth and desired not his imprisonment, yet he very
much disliked the speech of that Commissioner that had said this
cause was not to have been brought in this Court, and that for his
part he thought such a Commissioner deserved to be putt out of the
Commission. Yet it was ordered that Fox should remaine in cus-
tody of the Messenger till he had payd the charges of his former
imprisonment.

The Cause against Richard Lane* Tayler for blasphemous

opinions, and against Joan his espoused wife.
That you did for the space of these twelve monethes last separate
yourselves from your parish churches and have had private meetinges

• See p. 188.

LANE'S CASE. 191

and conventicles in unlawfull manner by yourselves and others.
Declare where in whose house or houses and with what companie
you have soe mett and what are their names?

The Articulate Richard Lane confesseth that he and others did Answere of
often meet at the house of one Westbrooke a Taylor in Shooe Lane,

but the names of the parties that did meet there with him this ex-
aminat doth not remember.

This examinat confesseth she hath mett diverse tymes at the Answere of

To ATC K

house of one Westbrooke, but denyeth that she separated herselfe
from her parish church.

That you Richard Lane in your private meetinges do take upon 2 Article.
you to expound the holy Scriptures?

This deponent denyeth the same. Answer*.

That you Richard and Joane doe hould that a Christian in this 3 Article.
world is as absolutely perfect as Christ Jesus himselfe.

To the 3d this examinat saith that he houldeth the beleiver is RICHABD.
not soe righteous and perfect in himself, but is soe accepted for
perfect by God through Christ Jesus.

To the 3d this examinat doth not beleive the same to be true, JOANE.
and therein submitteth her iudgement to be guided by the higher
powers, the Bishops and Doctors of the Church.

That about 3 weekes since, you Richard Lane came to 0ne4Article-
Mr Powick and tould him you were come to reconcile yourselfe to
him, and he answering that there needed none for that he was not
displeased with you, you sayd yes, for I heard you should say I
deserved to be hanged: The said Mr Powick then sayd he had
heard of one indeed that said he was God and man as Christ him-
selfe was, and that he thought such a man deserved to be hanged
and you replied that you were as Christ, and that as the word was
made flesh soe your flesh was made the word aud that you were holy
and always was soe.

To the 4th this examinat saith that he affirmed noe more in RICHARD.
summe to Mr Powick then he hath confessed in the third article for
perfection and that every Christian is full of the word : but said

192

HIGH COMMISSION CA8E8.

5U Article.
RICHARD.
«• Article.

RICHARD

7» Article.

RICHARD.

8 Article.

RICHARD.

9 Article.

that we are without sinnc, and that he said he was perfect God and
perfect man.

That you have affirmed the same to others and still hold jt your
opinion.

This cxaminat to the 5th saith that he now houldeth noe other-
wise then he hath declared in the third article.

That since you were questioned for these opinions before the
Lord Mayor of London and the Court of Aldermen you have
boasted the same yor opinions to be true.

To the 6tb this cxaminat saith that he did not so boast but was
and is sorry that he ever spake those wordes before my Lord Maior
or any other soe indiscreetly and unadvisedly.

That you do hould these said opinions and to prove them have
allcaged these scriptures: Math. 19 20. James 3. 2. Col. 2. 10.
Hebrewes 11. 40. and you have said you are as perfect as Christ
and to prove it have brought this place 1 John 4. 17. and that all
beleivers are soe and therfore they cannot sinne.

This examinat to the 7th confesseth that he said and still houldeth
that a beleivcr is perfect by acceptation through Christ and to
that purpose brought those scriptures mentioned in this article to
prove it.

That when some urged these scriptures to you to prove sinne to
be in beleivers, He that saith he hath noe sinpe is a lyar, and
0 wretched man that I am &c. you did wrest and misapply the
same to mainteyne your said errours.

To the 8lh this examinat confesseth he did answere then as is
articulate but since being better informed he is sory for the same
his indiscretion.

That you sayd when Christ received the holy ghost after his bap-
tisme he was filled with the Spirit of God and that you have likewise
received the holie ghost and that there was noe difference bctweene
yor righteousnesse and Christes and that believers nowe are more
perfect then the Apostles and prophettes were and that you still

LANE'S CASE. 193

hould the same and are not resolved to lay downe these blasphemous
opinions.

To the 9th this examinat confesseth he held as on the third RICHARD.
article he hath declared, but denyeth the rest of this article.

You say that you heard one Mr Greenham preach and confirmed 10 Article,
you in your opinions aforesaid.

To the 10th this examinat confesseth that he heard the said RICHAKD.
Mr Greenham, but where he doth not remember, nor knoweth
where he dwelleth.

To the 10th this examinat confesseth she heard the said M'JOAITB.
Greenham preach at a Church upon Fish streate hill and that there
he dwelleth.

Yf you have spoaken these wordes indiscreetly and unadvisedly THE ABCH-
yet you have sinned against God an horrible and greate sinne, and BI
in yourselfe without true repentance you stand in noe better then
the state of damnation. It is true, One that beleiveth rightly in
Christ Jesus and is Godly, and liveth an holy life, God forgives
him his sinne. But for you to say you are as Christ, bone of his
bone and perfect, &c., is most untrue. The Apostle saith not that
perfection is heere in this life. St. Austin affirmeth that this life is
the life of imperfection, and therefore continually did and would
use the Lordes Prayer, forgive us our trespasses. And our Saviour
taught his Apostles to pray this prayer, if they had noe sinne it
needed not: and to this agree all the Scriptures as Psa. 51, &c.
St. Paul saith " 0 wretched man that I am," and St. James " In
many thinges we sinne all," and St. John saith " Unlesse we con-
fesse our sinnes we are lyars." These are the pillars and the bell-
weathers of the flock and they confesse thus much of themselves,
but you that are of the earth attribute more unto yourselfe. If you
doe not fall downe upon your knees and ask good forgivenesse for
these your blasphemies I shall give my sentence you be made an
example to all the world.

BISHOP OF LONDON: This will not serve his turne: You say
that you are righteous and perfect by acceptation and soe putt it

CAMD. SOC. 2 C

194 HIGH COMMISSION CASES.

off, but what say you for those wordea of yours that you eayd you
were perfect God and perfect man, was that by acceptation too?

Sr HENRY MARTIN moveth that this man be not presently let
goe but be sent to Bridewell till the last day in Court of this tcrnie,
and thinkes by that tyme he will be lesse perfect.

BJSHOP OF LONDON secondeth this motion of Sr Henry Martin,
and saith he did but prevent him in it* but forasmuch as in his
judgment he had deserved ultimam pamam, he would have him
taste of the severest discipline of Bridewell till the last court day
of this terme and then to make his submission and say the Lordes
Prayer.

Sr HENRY MARTIN: Nay, sirrah, if this be not for your amend-
ment I knowe not what will become of you.

BISHOP OF LONDON : You said you were as righteous and as
perfect as Christ but now you say it is by acceptation, you are as
Christ was; why was he righteous by acceptation?

ARCHBISHOP: And Joane must not escape soc, for she said she
was perfect the last day, therefore lett her make her submission to
the Court.

BISHOP OF LONDON: Let her make her submission in forme
the next Court In the mean while let her goe with him to Bride-
well, but to be kept asunder.

DOCTOR REEVES moved they might be examined, being they
were married before God, whether they did lye together; but they
denyed the same.

SIR ROBERT WILLOUGHBY AND HIS LADY.*

THE REGISTER exhibited their agreement in writing to this
effect following : That Sir Robert Willoughby agreeth with his
lady to allow her Ixxx11 by the year for her maintenance whether

• See p. 187.

WILLOUGHBY V. WILLOUGHBY. 195

she live with him or noe, and if she shall live with him then to let
the overplus above the expencea for her cloathes to goe towardes
the charge of housekeeping. And if she shall come to live with
him then he shall use her well, and for the performance of this he
is to give 50011 bond. The Court liked their agreement, but some
muttered that they would not com pell him to enter in this bond.
But THE BISHOP OF LONDON would not have the Court mocked,
and therefore the bond to be.

A PRIEST exhibited his petition to the Court, alleaging that he
was examined by the Bishop of Lichfield on suspicion to be a
seminary priest which he denyed, and for that he was able to take his
oath and to prove by the certificate of the country where he was
educated that he was noe priest, nor ever entred into orders, he
desired the mercy and favour of the Court that he might have
liberty and to procure such a certificate.

THE BISHOP OF LICHFIELD : I wonder at the insolence of this
man. I examined this man, he confessed he was a Romish Catholick,
and that he was brought up in Sussex with one Mr Pett a schoole
master, that being examined how many tymes he himselfe went to
Church in those 11 yeares he was under Mr Pett the examinat
answered, for his parte he never was at any Church all that while,
but knewe not where Mr Pett himselfe went to Church, and THE
BISHOP OF LICHFIELD examining him required him as he was a
Romish Catholique to take his oath without equivocation that he
was noe priest: but he refused soe to doe, saying he knew not what
this word equivocation meant. He confessed he had been absent
out of the land at St. Omers two years, but denyed he received
any orders there. All this appeared upon his examination taken
before the Bishop of Lichfield, which was read. Then THE ARCH-
BISHOP tooke exception at the wordes "Romish Catholick," which

196 HIGH COMMISSION CASES.

implycd a meere contradiction. " For," said the Archbishop,
" Romish implyeth a particular Church and Catholick an uni-
versall," and briefly put him to the question whether he would
without equivocation swcare he was noe seminarie priest? He an-
swered he was able to take his oath that he was not a priest.
" Able," saith the Bishop of London, " soe am I able to doe such
thinges which God forbidd I should do or you either. Is that an
answer — that you are able ? Will you ? Answer yea or noe."
He then desired mercy of the Court. " You must dispose yorselfe
then for mercy," saith THE BISHOP OF LONDON, '• as if we looke
for mercy at Codes handes we must then soe dispose our selves as
that we may be capable of it." *' Then," said THE ARCHBISHOP,
" will you take the oath of allegiance ?" " Allegiance," said the
Priest, " I doe not knowe what that word meanes, what is the
ground of it?" Said the BISHOP OP LICIIFIELD, " Doe you
knowe what it is to be a subject?" Then he desired mercy and
tyme to consider of it. He was committed to New Prison for a
seminary priest and refusinge to take the onlh of allegiance.

Then was read the bill or Schedule of the Massing vestmcntes
and instrumentes which were taken with the same priest, as coules,
cassockes of silke, copes of old silkc imbroydered, a challice of
silver, and a bread box, and many other superstitious thinges, wck
THE ARCHBISHOP and THE COURT ordered that they should be
defaced according to the statute by the Register : And THE
BISHOP OF LONDON moved that, when they were defaced, the
owners should have againe the matter especially that of value,
being according to the statute, that they may not say we or any
doe it for their goodes and for lucre, and soe this Court and the
Officers shall prevent a great scandall.

A PRIEST'S PETITION. 197

DOCTOR REEVES, the kinges advocat, exhibited a petition to A priest,
the Court in behalf of a Popish priest, a prisoner, which shewed
that the petitioner was very sicke and in danger of death, if some
refreshment in the aire abroad were not granted unto him ; and
this upon certificate of one of the phisitions of London. He
desired upon good suerties to be let take the aire, &c. It was
answered by ONE OF THE BISHOPS that he could have little
benefitt of the aire this winter tyme; and SR HENRY MARTIN
tould Doctor Reeves he was the unfittest man of all to move this
petition: who answered that he was first committed upon his
motion, and this he desired his Grace to remember in his excuse;
and the petition was denyed.

DOCTOR BATES HIS MAN petitioned the Court in the behalfe of Agnus Deis,
a gentlewoman, his kinswoman (as he said) in Drury Lane; the
petition being in the gentlewoman's name shewed that the Register
had in his custody two jewels of hers, of little value in themselves,
onely she esteemed them the more because they were given her by
a friend that is dead, that they were not worth 10s, and humbly
prayed she might have them restored to her. The Register being
asked what they were, answered they were two Agnus Deis, and
that he had them safe. Doctor Bates his man was reproved by
THE BISHOP OF LICHFIELD as being an unfitt man to be seen in
this petition, and ordered that they should be defaced according to
the statute.

One Harrison, a minister, petitioned the Court that he might, Harrison,
upon his humble submission and acknowledgement, be dismissed for
this tyme, shewing he was accused by a company of Puritans for
and other Articles. THE BISHOP OF LICHFIELD moved
he might undergoe the censure of the Court, for that he was as
worthy to be degraded as any he kncwe.

IM

HIGH COMMISSION CASKS.

1 Article or
head of Accu-

In the Court of High CommiMion, Thnrsdaj, 3d No: 1631.

George, Archbishop of Canterbury.
William, Bishop of London.
Richard, Bishop of Winchester.
Thomas, Bishop of Coventry and LichGeld.
Francis, Bishop of Norwich. I Com mis-

John, Bishop of Rochester, sioners.

Sr Henry Martin, Doctor of Lawe.
Sr Charles Cesar, Doctor of Lawe.
Sr John Lamb, Doctor of Lawe.
Sr Nathanael Brent, Doctor of Lawe.

A cause against one Mr Viccars, of Stamford, in Lincolne-
shire, came to be heard.

This cause was prosecuted by some of the towne of Stamford, of
which the towne clarke was one. The prosecutor petitioned his
Ma1*" against Mr Viccars, who referred the same to be heard to his
Commissioners in causes ecc[lesias]ti[c]all; and the cause, after much
finding and proving by Commissioners and examinations of the
party and witnesses, appeared to be as followeth.

Doctor Reeves •

Doctor Eden •

f The Prosecutors.

Doctor Duck
Doctor Gwyn -

For Mr Viccars.

The proofes were all collected into a breife of the whole cause at
the Court of Informacons, which prcpareth alwaycs the causes to be
heard in this Court, and the first article was as followeth in effect :

That you, Mr Viccars, being a minister and in orders, and
having subscribed or kept and held privat and unlawfull con-
venticles in such and such yearcs during the tymc of yor being
viccar at Stamford.

VICARS' CASK. 199

It is true the articulate being a young man did pray and repete Answcro.
sermons in the house where he lodged, and divers of his parishioners not „, the

came in and were present, but not by his invitation. &c. answer to the

. ./ . Article it was

That he helde there was noe hell now but one m preparing lor jn the defenco

*e ungodly. S££&J.

That it is true out of the sixt to the Hebrewes the Articulate did 2 Article or
deliver his opinion in a sermon that the body of the wicked goeth head-
not to hell till the day of judgment, &c.

That Mr Viccars held, and soe did preach, that it was lawfull for 3 Article or
a minister to preach soe particularly that his auditors might knowe
what and whome he meant, but yet to do it so covertly that noe
legall advantage might be taken against him.

And a lawyer, vizt. a barrister or councellor at lawe, deposed that
Mr Viccars had made the pulpit of Stamford a place to vent his
malice, and that against this deponent, and that he hath given him
this touch, and thou that knowest the lawe, &c.

That Mr Viccars delivered in his sermon that he that did not 4 Article or
perform the whole lawe was accursed, preaching upon 1 Cor. 16,
22. And that he useth to conclude his sermons and prayers wth
this blessing, Blessed are they and they onely that performe the
whole lawe.

That he did not preach this, that whosoever doeth not in him- Answere.
selfe fulfill and performe the whole lawe cannot be saved, or is
accursed. But that Christ Jesus hath fulfilled the whole lawe for
every believer, and that he that loveth not the Lord Christ is
accursed, and that he that keepeth not the lawe is for the present
for his unsanctification to be esteemed one that loveth not Christ
Jesus, it being a signe that he loveth not the Lord.

That Mr Viccars preaching upon 1 Titus 7, affirmed that they 5 Article or
that had these blemishes and were guilty of these vices here set
downe were noe true ministers, and brought to prove the same that
of the blemishes of the preistes in the Leviticall lawe wch made
them uncapable to offer the Bread of their God, Levit. 21, 16, 17,
18, &c. proved by divers witnesses against Mr Viccars. And one

MM)

men COMMISSION CASES.

« Article or

7 Article or
head.

9 Article or

of the witnesses under the title of the legata [that is, as I conceive,
thought fitt by the Court of Informacons to be read at the hearing]
deposed that Mr Viccars in his sermon compared those ministers
that had those vices menconcd in 1 Titus 17, to those of the seed of
Aaron that had the blemishes, &c. and that another tyme he said
in his preaching thus, I have tould you once, and now tell you
againe, that if you remaine under such ministers you hurt your
owne soules.

That about 4 yearcs since Mr Viccars had conference with some
persons about contributing to his maintenance for preaching at
Stamford and those persons (not being of his parish) sayd we may
not goe to other churches then our owne, wherunto Mr Viccars
reply ed that they must have a care to heare that minister that
preached the Word and not they that brought chaffc and not God's
Word : and this head was proved by divers witnesses, and that he
said they must get and be under a fiery ministry.

That Mr Viccars 1629, in a sermon spake against the observation
of the Feast of Christmas, and said it was superstitious, and that it
is not kept at the just tyme of the yeare, when Christ was borne,
with us, and that it ought to be held at Michaelmas or in September,
and not at the tyme we celebrate it: and that he said to diverse to
keepe the ffeast as it is now kept and at that tyme is superstitious.

This was proved by witnesses.

That Mr Viccars preacheth at Stamford and blesseth some and
curseth others that doe not frequent his conventicles, and makes
notes of difference out of 2 Cor. 13, last — one note that if they love
one another, &c. and he saith to those that please him not thou art an
hell hound, and destruction is thy porcion, and againe scttc notes of
distinction on those that frequent his privat conventicles, and those
he termeth his children begotten in the Lord but thothers he sends
to hell, &c. This was likewise endevoured to be proved as you
shall see after.

That Mr Viccars did preach that God will not accept the prayers
of an olde man that hath lived under a powerfull ministry and

TICAR8* CASE. 201

would not serve God in his youth, and that he shall never be saved.
One witnesse (of the legated} said that Mr Viccars in his preaching
and catechising the boyes had this question, Doe you think that a
master will accept of his apprentice that in his youth went from
him when in his decrepit age, when he is ould, he commes to him
for reliefe ? And the boyes answered Noe, and soe said Mr Viccars
also: Another of the legata affirmed that he heard Mr Viccars cate-
chise the boyes, and in his catechising affirme if any deferred their
repentance till their ould age their prayers would be abominable.

That he never preached that it was impossible for an ould man Answer of
to repent or be saved; but that preaching about Christmas was
12 moneth upon 19 Levit. 12, he divided the age of man into 3
partes of life, childhood, mannage, and olde age, and sayd if in
youth and. mannage they under the sound of the gospell that still
scorne it and will not beleive it and obey the same are in a fearfull
condicion for that they are rather left of their sinnes then leave their
sinnc and that repentance in youth is more acceptable to God, &c.

That Mr Viccars preached that if any tradesman labourer or 10 Article or
artificer should work for or receive wages of an usurer if he made e
not restitution was guilty of receiving stollen goodes, and without
repentance cannot be saved, deposed by divers, saving one— doth
not sweare the last wordes, without repentance cannot be saved.

That Mr Viccars did preach that he that doeth not when he may \\ Article or
heare two sermons every Saboth day committeth a greate sinne, and nead-
is in the way to fall into the sinne against the holy ghost, and if
they were not where two sermons a day were, they were to remove
unto another place wher they might enjoy a fiery ministry, and
that they that neglected this preaching twice a day to their people
would never see the greatnesse of their sinne till they fryed in hell
for the same, &c.

That Mr Viccars did preach and affirme that for a man to knowe 12 Article
his wife after her conception with childe, or that she is past child- or head*

• Does this mean that the witnesses did not appear in person, bat that their
evidence was taken in the country and sent np ?
CAMD. 8OC. 2 D

202

nir.n COMMISSION CASES.

13 Article or

Anawerof

bearing, is both murthcr and adultery. A wittnesse, legata: that he
gave thia reason, that he spent his seed in vaine, and that if he lay
with his wife, her monethly tcrmes being upon her, he committeth
adultery ; and that he ought not three dayes before and after the
receiving the sacrament to knowe his wife.

That Mr Viccars did preach and aflinne it to be a sinne to receive
the sacrament upon any other day than the Saboth-day, although
it were Christmas-day, and that none but ignorant men and foolcs
would soe receive it, <fcc. Divers wittnesses prove this.

That he knoweth no canon for receiving the sacrament upon
any other day than the Saboth, except in the case of necessity.
Againc, he answereth that this Article is untrue, any further then
his speech was warranted by Acts xx. 7, which shewes that all epeciall
meetinges was on the first day of the weekc. And Tertullian,
chap. 79, to the same purpose.

14 Article or That Mr Viccars exhorted his people to use extemporary prayers,
and that common prayers of sett forme were not enough or suffi-
cient, and he hath commended conceived prayers before a sett
forme of prayer, and sayd that they were weake Christians that
could not pray soe.

The wife of one of the parishioners dyed in child-bed, and was
brought to be buryed upon the Saboth-day, and Mr Viccars would
not bury her till he was commanded by one of the justices, Ac.

That Mr Viccars and others held secrett meetinges, and that he
hath compelled those that come unto him to enter into a covenant
with God, and to indent with him to doe whatsoever God com-
mandeth. He asked them whether they were willing to enter into
this covenant; and that for authority heerof he found out a place
where Josiah entrcd into a covenant with God, and therfore he him-
selfe and they ought also soe to doe, and that it was to renew their
covenant made in baptisme, and this was without any oath or scale
put to.

17 Article. That upon Simon and Jude's day, 1628, he was admonished by

the Bishop of Lincolne, and that he hath since delivered many

15 Article.

16 Article.

VICARS' CASE. 203

erroneous opinions, and therfore he is become an incorrigible man,
and hath given more offence, and hath since been more irregulare,
then before.

That Mr Viccars hath in his sermons inveighed against magis- 18 Article,
trates and government, and delivered many dangerous opinions in
the year 1628, to this purpose, that our Lord sent his disciples
without scrip or sword; but now let him that hath a purse keepe
it to defray charges of persecution. Whereas Peter said to Christ, Luke 22, 38.
Heere are two swordes, and he answered it was enough. Mr Viccars
affirmed that Christ meant that one sword was enough, viz1, the
sword of the Spirit, and that if any temporall magistrate did prove
nought he was to be put out of his office, and this the witnesse
thought he spake against the magistrates of Stamford.

Legataf a witnesse: He hath heard Mr Viccars preach, let him
that hath a purse keepe it to defray charges of persecution; and
that men ought to cleave to the sword of the ministry and not to
the sword of the magistrates if it were drawen out against the
other; and he hath heard Mr Viccars preach of matters of state
nothing concerning his auditors.

Legata, an other witnesse: That he heard Mr Viccars preach
that the magistrate never drewe his sword but in vaine, or against
those he should not, and that he sheathed it up againe when he
should drawe it against the wicked.

That when Mr Viccars was to appeare before the Lordes of the 19 Article.
Counceli he appointed two fastes at Stamford upon weeke dayes,
and that he preached before noone and after diverse tymes, and a
great company of the countrey came to these fasts, but the parti,
culars of the sermons the witnesse cannot remember, but that his
preaching tooke up six or seven houres, viz1, his preaching and
extempore prayers; and that he left out some of the common
prayers, and made divers cursinges against some of his parish-
ioners, &c.

That Mr Viccars, before the receiving of the sacrament, used to 20 Article.

• See p. 201.

HIGH COMMISSION CASES.

make divers execrations, to the grcife of conscience of his parishioners.
That this deponent intreated him not to use such execrations, for if
he did he could not receive the Communion at his haudes. But
notwithstanding) Mr Viccars, when this deponent came to receive
the sacrament, lead the exhortation in the Booke of Common
Prayer, and of his ownc bra) ne used many greivous wordes against
this deponent, to this purpose : Thou sayedst thou wouldest not come
to the sacrament, why art thou not gonne? And The devill goe with
thee, and he presently received himselfe, butt his deponent tould
him he was grieved in conscience and vexed, and wished him not
to use these invectiones, &c.; yet he did proceed in his exhortation
and used these wordes, Thou sonne of the devill, thou art damned
and the sonne of damnation ; get thee to the devill ; take hell for thy
portion, to the afrighting the heartcs of the people, and that diverse
said he meant this deponent, but he applycd not the same to
himselfe.

21 Article. That Mr Viccars use and custome is to administer a moncthly

communion, and before it to exercise on Friday and Satturday, which
he calleth preparacions; and that when in harvest tyme some came
not to these exercises, Mr Viccars, streching his hand in the
church towardes them, said these wordes. that many are heere who
are not ashamed to stretch forth their handes to receive this blessed
sacrament, who were not at the first nor second preparacion, and I
denounce that they have noe parte in this sacrament, that is in the
grace thereby, &c.

22 Article. That when he appeared before the Lordcs he wrote a consolatory

epistle to his followers at Stamford, and used this of the Apostle
Philip, i. 28, 29, and that of Peter i. 4, 14; he wrote further that
his day of answer was very shortly, his accusations very strong, but
that nothing was yet come to the Clarke of the Councell's hand.
He heard the lyon roared, and were not my heart (saith he) build
upon the rock I might well feare; but be not discouraged at ray
suffcringes, which is your crowne, and be not afrayd of the revylings
of men, and finally pray for us, and doe as Ilczekioh did against
Scnachrib, be not troubled with any Sanballat whatsoever.

VICARS' CASE. 205 '

When he was sent for and summoned before the Lordes he sett 23 Article
forward with 12 or 13 of his followers.

Preaching upon the 46 of Ezech. 4, he saith that upon the 24 Article.
Saboth day every prince that is every Master of a ffamily ought to
offer to God a 6 fould sacrifice besides the publique prayers and
sermons of the church. And legata, the witnesses depose that 6 or
7 women heerupon would not serve because they could not fynd
such masters as would keepe this 6 fould sacrifice upon the Saboth
day. And that these women were called the newe Nunnery of
Stamford : That he delivered the 6 lambes to be the 6 fould sacri-
fice and this to be offered by the Prince which is meant the Master of
every family, and that he ought to offer this sacrifice 6 times every
Saboth day besides the publique. That is privat prayer first and
then prayer before and prayer after the repeting the publique sermon
in the morning which is 3 and soe in the afternoone againe and that
is 3 sacrifices more and soe the 6 fould sacrifice is made up.

Another witnesse, legata* That Mr Viccars delivered openly in
publique that every Master of a family ought to keepe a 6 fould
sacrifice upon the Saboth day counting morning and night and
diverse servants left their Masters because they could not have
under them these 6 and 3 ibuld sacrifices upon the Saboth dayes.

That Mr Viccars useth ever after the catechising ended to goe 26 Article,
forth and not come in till a little before the pasme is sung before
the sermon, and this deponent never heard him read the Letany,
diverse witnesses sayd soe, and one that he never heard him read
the Letany but once and once divine service.

Mr Viccars defence read by the Registers sonne out of the
breviat of the Cause prepared by the Court of Informacons
&c. Ut sequitur.

Witnesses read. 1. He saith that Mr Viccars was for all the i. Head of
time he knew him at Stamford (the witnesse being a Parishioner) a t*ie defence-
profitable preacher and that his preaching tended (as he ever con-

• See p. 201.

206

HIGH COMMISSION CASKS.

2. Head of
defence.

3. Another

ceived) to the peace of the Church, he used the crosse in baptisme
and woare the surplis and never made any scruple thereof, for ought
he knewe ; That he frequently exhorted children and servants to
obedience to their Fathers and Masters : That he affecteth the booke
of common prayer and hath heard him read the Letany and he
admonisheth his hearers not to speake against it.

Another. Thai he is a man of good life and conversation and
well esteemed of among the most sober, and a Godly and learned
preacher, and this the Promoters witnesses also say; in this manner
it was read, A. B. tcstis promotoris, that he is an honest, sincere
and learned preacher: and thus to the number of ncre 20 of the
promoters witnesses were read and mentioned to be contests, or els
nescire deponcre.

" I am uncertain whether those 20 of the promoters witnesses
were contestts or were termed nescire deponere"

That Mr Viccars is a young man and lodgeth at another man's
house and there were divers meetinges there it is true by many but
this examinat heard noe doctrine ever in such meetinges delivered
by him but such as is agreeable to the doctrine of the Church of
England, and that he never prayed that God would give his
Matie a more sacred spirit as is articulate, but that he prayed that
God would give him more and more a sanctified spirit: He did not
heare Mr Viccars in these meetinges or at any tyme discourse of any
thing against the Church of England: And divers witnesses ab
utraque parte producti say they never heard him use any wordea OK
positions against the Church of England.

That he hath heard Mr Viccars preach thut if any fell into the
sinne against the Holy Ghost he could not repent and therefore
could not be saved, and hath heard him deliver that no sinne is
unpardonable but that sinne, and that he hath not heard him ever
preach (note the witnesse was his constant hearer) that if a man
fell againe into the same sinne that this was unpardonable or that
it was the sinne against the Holy Ghost, but he hath heard him preach
the contrary heercunto, vizt. that noe sinne is unpardonable but the

VICARS' CASE. 207

sinne against the Holy Ghost, and divers ab utraque parte producti
say the same ; and 13 alsoe (as nere as I could marke them) of the
promoters wittnesses did affirme the same, or nesciunt deponere.
I cannot well remember whether.

Another witnesse being a woman saith that Mr Viccars did not 4. Another
preach that there was noe hell now, but that the body of the im- '
penitent went not presently to hell but was condemned to hell when
he dyed, and in that sence and noe otherwise he was understood as
she conceiveth and many ab utraque parte producti similiter, and
some adding that Mr Viccars hath preached the contrary within the
tyme articulate.

That Mr Viccars, when he preached upon 1 Cor. 16, 22, did not 5. Another
deliver that he that kept not the whole lawe shall be damned but bead-
he that loveth the Lord Jesus Christ is accursed, and that the keep-
ing of the commandments was a signe of Love of Christ in us, and
noe otherwise, for we are under the Covenant of grace and not of
workes, and that he that did not love the Lord-Christ was cursed
with a deadly cuise and he that kept not the commandements (in I mast con-
such manner as the newe Covenant requireth) it was a signe he doeth parenthesis is

not love Christ: that he further delivered, That every Christian not in ™y T

. * notes, but I

should endeavour to keepe the whole lawe, and that Christ hath taken conceive that

away the curse of the lawe that it cannot fasten upon believers, and

divers testes similiter and (as I remember it) some of the promoters of Mr Viccars

. ... , ~ , . and his wit-

Witnesses simihter but nere 19 of the promoters were said nescire ne88e>

deponere.

Another witnesse saith that Mr Viccars did not preach against the 6. Another
keeping of the Feast of Christmas, but against those that kept the
same ffeast onely as a corporall feasting, and likewise reproved
those that observed it supstitiously, and preached that it was both
lawfull and godly to absteyne from bodily labour upon the same
day and to observe it but not supstitiously ; and that he observed
the same feast himselfe. Divers witnesses ab utraque parte producti
similiter, and adding that he hath knowen Mr Viccars observe it
himselfe.

HIGH COMMISSION CASES.

8. Another

A: •:.. r That Mr Viccars never delivered those notes of distinction as is
articulate, but delivered that men might knowe themselves to be
the children of God, and gave notes to that purpose, but did not
deliver notes of distinction of the second sorte articulate neither did
his auditors understand him in this sence, but in the former; many
were read to be contested of this, some saying that he delivered
and made notes of distinction betweene the godly and the wicked,
but not as is articulate, and divers testes promotoris either similiter
or nesciunt deponere.

That Mr Viccars never delivered that repentance of ould men is
abominable or impossible for them to repent ; but that in his
sermon he divided man's age into, 1. Childhood. 2*7. Youth or
mannage. 31'. Decrepit olde age, and that he that in the two former
partcs of his life mocked and scorned all both the message and
messengers of God, if such an one came to God in his decrepit age
or on his death bedd God would not heare him (because such are
rather left of their sinnes then leave their sinnes) unlesse he doeth
repent as Manasses did, yet repentance in youth is more acceptable
and more certaine, 3 ab utraque parte producti similiter and 5 more
similiter, and adding that he exhorted to remember their Creator in
the dayes of their youth and 12 more similiter or con testes, and
some of the promoters wittnessos as I remember similiter, but were
11 of the promoters wittnesses nesciunt deponere.

That Mr Viccars said not as in the article is sett downe, but he
aayd that whoesoevcr receiveth any goodes gotten by usury ought
to restore them when the usury is lawfully convicted, and he never
heard him preach to the contrary; and 12 of the promoter's
witnesses nesciunt deponere. But my notes doe not mention that
there were any contestes of this or that did say similiter.

10. Another That Mr Viccars did not preach that those that did not heare and
preach twice a Saboth day were or should be damned for it, but
that it was a sinne if they might and neglected it, and exhorted his
auditors to heare and preach twice a Saboth day, but never preached

9. Another

I • i

VICARS* CA8E. 209

as is articulate or delivered the opinion articulate, but onely ex-
horted them to heare twice a day.

That Mr Viccars did not preach to knowe a man's wife after con- J1- Another

bead.
ception or child bearing was murther and adultery, but for a man

to knowe his wife for lust onely was a great sinne, and if it were in
the tyme of her separation it was murther and adultery, and that
this deponent was not offended at it as it was delivered. Another
witnesse: That Mr Viccars preached that for a man to knowe his
wife onely for the satisfacion of his lust is a great sinne, and if in
time of her naturall separacion it was murther and adultery; and
this examinant tooke noe offence thereat, and that this was de-
livered in a modest manner, and none of the honestest or the better
sorte of his auditors were offended therewith. Another addeth that
he knoweth this was delivered in modest manner without offence ;
and divers others say similiter and some contestes, and many of the
promoter's witnesses nesciunt deponere.

That Mr Viccars did not deliver that they were fooles and asses 12. Another

V» A

that received the Communion on another day then the Saboth-day, '
but he said that he found no warrant for the delivering or receiving
the sacrament but upon the Saboth-day, unlcsse it were in case of
necessity — and so the most of his auditory understood him, and he
knoweth none that were offended thereat, and divers on both sides
produced witnessed the same.

That it is true Mr Viccars hath in his preaching condemned those 13 Another
that pray with their lippes and not with their heartes, and com- head-
mended the booke of common prayer and common and sett formes
of prayer; and he did never heare Mr Viccars preach to the con-
trary, and divers brought on both sides say soe : and that Mr
Viccars (being questioned heerabout in privat) answered, God for-
bidd that I should preach against prayer in a sett forme.

He hath delivered that reverence and obedience must be given to 13. Another
magistrates. That at the tyme of the loan he read the Kinges and c
Councell's letters, and perswaded the people to a liberal contribution.

Another, he never heard him preach against obedience to the

CAMD. SOC. 2 £

210 HIGH COMMISSION CASES.

magistrates whatsoever, and many witnesses similiter, adding that
he heard him preach and say that tribute must be given to Cesar,
and on the letters articulate perswadcd the people to a liberall con-
tribution for his Ma1** necessity. Divers utraque parte producti say
that he preached that reverence, obedience, and tribute was to be
given to magistrates, and many the testes promotoris witnesse the
same, and thirty-six or nere thcreaboutes of the promoters witness*
nesciunt deponere for preaching against the magistrates.

14. Another That he hath used upon Friday and Satturday to preach for
preparacion to the sacrament, especially against euch times as he
appointed the sacrament.

Another That Mr Viccars, in the time of his publique fastes, did not
observe any extraordinary matter upon those dayes, and it is true
some of the towne did shut up their shopp windowes and came to
Church, and he used and made four prayers, which held for the
space of four houres.

16. Another A woman witnesse. That it is true Mr Viccars did use godly

exhortations to his parishioners before the receiving of the Sacrament,
and did threaten such as will lye in sinne and goc on without repent-
ance, but in generall and not otherwise, and used that which the
prophet said to Jehoram, gett thee to thy father's and mother's
godcs and idoles, &c., but never delivered anything but in generall
and without offence to any that he knoweth; and that about 2 or 3
yeares last past he used this exhortation, and none of the charitable
sorte of people were offended at the same: Divers wittnesscs similiter,
and some of the promoters witnesses rimiliter (as I remember), and
24, or thereabouts, of the promoters witnesses ne«ctun I deponere.

17. Another That Mr Viccars hath given good reverence to the booke of

common prayer, and six yeares since he hath heard him read service
in the surplis. Heere (or else in the Advocate's speech aftcrwardes)
was read some of Mr Viccars witnesses, that sayd they thought or
knew he did not in all thingcs approve of the bookc of common
prayer, and that his witnesses could speake but of his scldome
reading it and the Litany.

VICARS' CASE. 211

That Mr Viccars did never choose any particulare text to ayme at is. Another
any person as he conceiveth, but went on in an ordinary course of head<
preaching on some Scripture. Another: He being an ordinary
hearer of Mr Viccars since he came to Stamford, he never heard or
knew him to choose a particular text to meet with any man, but
went on in preaching on those textes he went on first. Another:
That Mr Viccars followed his textes in ordinary course, and he is
perswaded in his conscience he never did take any particular text to
vent his spleene on any; and that his sermons were without inveigh-
ing at men, and soe were his prayers, as farre as he conceiveth,
divers witnesses similiter on both sides produced.

Witnesses on Mr Viccars' part read, that some of the promoters Exceptions
witnesses that were examined in this cause were such as had contri- p^motJrs6
buted towardes the charge of this suit against Mr Vic-cars, and some Witnesses,
of them followed the cause, and some had used divers threatening
speeches against him.

Another witnesse on another head : That divers of the promoters
witnesses that spake to such an head were capital enemies of Mr
Viccars, and divers of them were backbiters of their neighbours, I doe not
raylers and enemies and adversaries to Mr Viccars, and one ofpartte
them cursed Mr Viccars, saying, a pox upon him for a blind beare. nead-

Another witnesse to another head : That they are a great many
of them drunckardes, and were scene to reele in the streetes,
frequenters of innes and alehowses, divers swearers and prophanere
of the holy name of God, and one of them he heard sweare and curse
very bitterly.

DOCTOR REEVES for the Promoter against Mr Vicars spake to
theffect following

May it please yor Grace, The Towne of Stamford being in peace
and then troubled thus, as you have heard, by Mr Viccars, preferred
their petition to the Kinges Matie who out of his religious care that
justice might be donne referred the same and the matters com-
playned of to the Lordes of his privy councill who have assigned

212 HIGH COMMISSION CASES.

this cause to be heard before yor Lorpps in this Court, soc that you
see wth how much care and in what manner this matter is brought
against this man: If he be cleare God forbid he should be made
culpable but if otherwise we shall crave the just censure of this
Court against him. 1. And first we showe against him as it hath
been proved to your Grace that he is a conventicle keeper; The pro-
moters witnesses say he kept conventicles but the other witnesses
say they were family duties &c. but they are privat exhortations and
cxpoundinges &c. and he forbides them not to come (although he
were a lodger with another man) but admitteth them freely. And
now why are conventicles soc odious : 1. But because they are
the nurseries of errors and heresies. As privat meetinges are hurt-
full to the commonwealth, soc these conventicles are to the hurt
and breach of the peace of the church by errors and schismes. Noe
man at first upon his owne brayne broacheth his errors, but by
being confirmed in them in these privat meetinges, then they sett
them on foot, &c., this we take to be fully proved and not denyed
by him.

2. For that error of his, that whosoever fulfilleth not the whole
lawe is accursed, it is a foule heresy, and of very evill consequence.
In the time of Constantino the Emperor, one Vosius m a Xovatian
Bishop, had such positions and uncomfortable opinions as these, if
any fall away in time of persecution he should never alter be
admitted into the Church, and that if after baptisme he committed
such a particular sinnc he should never after be admitted to the
Sacrament of the Lordes Supper. To whom Constantinc, the
Emperor, in dislike and reproofe of his false doctrines wrote, that
he alone might take the ladder of heaven to himsclfe. They that
teach this uncomfortable error must needes think highly of them-
selves and condemne others, and as it were challenge to goe to
heaven onely. This our witnesses have proved against Mr. Viccars.
But he would blanch it by saying, he that loveth not the Lord
Jesus Christ is accursed, which are the words of the text, but
• Called Aaetious at p. 224.

VICARS' CASE. 213

then he saith he that keepeth not the commandments loveth not
Christ.

3. We have proved sufficiently that Mr. Viccars in his sermon
affirmed that there is noe hell but one in preparing onely for the
wicked. Indeed, now he denyes this, but he preached it as we
prove, but further he blancheth it, saying, that the body of the
unrepentant sinner doeth not goe to hell untill the day of judge-
ment.

4. His personall preaching and making the pulpit a cockpit of
contention, we have proved that he called a poore gentlewoman
whore, and that he reviled another gentleman, a lawyer, particularly,
and his tenet is that Ministers may and must deliver their doctrines
and reproofes, particularly that the parties may knowe whome they
meane, and what ; but soe covertly that the Lawe may not take
hold of them ; but I have often observed that they who have gone
about to deceive the lawe the lawe hath deceived and taken hold of
them.

5. Againe, he blesseth his auditors saying, blessed are they and
they onely that fullBll the whole lawe, and makes notes of dis-
tinction to the terrifying of the consciences of them that frequent
not his conventicles. Alas, where is there any comfort left for men's
distracted consciences if these shall be suffered ? \Ve have proved
this, but his defence is onely this, that his witnesses say, he preached
not soe, but somethinge otherwise.

6. We have proved that in his preaching, he hath affirmed that
if any minister have a blemish, that is any sinne, he is noe true
minister, and the people are bound to goe from under them * to such
an able ministry and preacher, and that should teach them new fangles
every day. His witnesses blanch it, and say that Mr. Viccars said
that those priestes that had blemishes were not to be admitted to the
priestes office in the olde lawe, but what will be inferred hence,
that upon every sinne committed there should be a separacion

• Sic.

214 HIGH COMMISSION CASES.

bctwccnc minister and people ? this were to make a rent in the
church. But as for those of Mr Viccars witnesses which contradict
the promoters, they are dampned by the order of Court.

7. But he goes on in slandering the practice of our church in
observation of the Feast of Christmas, saying that it is superstitious
and fynding fault with the tyme as we have proved : against whome
I shall produce the authority of Immanuel Poninus in the ould
Mimologie of the church, who saith that this feast is and ought to
be kept propter Natalem Domini, and this was 500 yeares ago :
Neither is Mr. Viccars opinion of the tyme by the constitution of
the church in those daycs a la we, and therefore this is enough against
him in that he seekes an innovation.

8 Another thing which we have proved against him is his
making of notes of distinction which he makes betweene those of
his owne family and his children as he calleth them, and the rest of
his auditors, and they are sent away with a curse, which how
fcarfull a thing it is, how not to be suffered out, and how just a
cause these men have to complaine against him, easily appeareth.

9. We have proved against Mr Viccars that he denyed repent-
ance to ould men, that if they were in their youth sinners and
repented not till their ould age God would not then accept them :
Oh miserable ould men, if this were true ; Mr Viccars hath for-
gotten that some came in at the 1 Ith houre, and the example of the
theefe upon the crosse. This man goeth beyond the Italian who
saith, Xoe ould man feareth God, Mr Viccars saith God will not
hcare him though he repent: this is an injury against God, that
against man; but his defence saith that some of the promoters'
witnesses nesciunt deponere. Why, we have proved he spake this
by them in whose presence he spake it and who heard him.

9. He hath preached if any man receive money of an usurer he
must restore it, but he saith this must be donne when the usurer is
convicted ; but this is an error of noe great hurt.

10. Mr Viccars hath preached every minister ought to preach two
sermons a day, and the people to heare two, and if they have them

VICARS' CASE. 215

not to remove where they may have two sermons, and that they
who preach not twice will never knowe the danger untill they fry
in hell for it; but this is lessened thus that Mr Viccars should onely
wish and desire that there might be two sermons a day by every
preacher and denyeth that he sayd it was such a sinne when they
were not able by sicknesse, &c. but we have proved this, and it
appeareth to be a right puritanicall opinion, fit for a puritanical
boy.

11. And for that which I am ashamed to speake of for the
privacy of man and wife, Mr Viccars was not ashamed to preach it
as we have proved and that amongst boyes and girles.

12. Againe. He saith that to receive the Communion upon any
day but on the Saboth Day is superstitious, and none but fooles,
&c. Wherin Mr Viccars sheweth that he doeth not remember the
tyme of the first institution of the Sacrament when it was first
received, in memoriall wherof Maundy Thursday is denominated
and observed, but he saith it is not to be received upon any other
day then the Saboth Day although it be Christmas Day unlesse it
be in case of necessity, and then he saith the Sacramentes may be
used and received. Why we observe the Sunday as well as they.
But you see that Puritanisme breakes out in many botches upon
him.

13. That Mr Viccara hath preached against the Booke of
Common Prayer ; we have proved this and his extolling conceived
extempore prayers before it, and his owne witnesses say that they
thinke he is noe freind to the Booke of Common Prayer. But this
Mr Viccars would deny, and allcageth for himselfe what he said at
other tymes and in private. We deny not but a man of an idle
braine may say one thing nowe and another thing contrary there'
unto at another tyme.

14. Againe we have proved to you that Mr Viccars in his privat
meetinges urged his people to the newe covenant, as well he might
urge a new baptisme. If these thinges be thus found in your

216 HIGH COMMISSION CASES.

grave judgmentes to be true we hope you will take care that heer-
after he be neither a 'burthen to the people of Stamford nor to
England.

DOCTOR EDEN urged against Mr Viccars 7 particulare thinges
untouched by the first Doctor: 1. The canonicall admonition by
the Bishop of Lincolne. 21'. His preaching against the magistracy.
31'. His appointing of two publicque fastes upon weeke dayes, when
he was bound to appeare before the Lordes of the Councell. 4*.
His pereonall execrations and invectives before the communion.
5ly. His consolatory letter to them at Stamford. 6l*. His new
opinion about the 6 foulde sacrifice. 71'. His not affecting the
Booke of Common Prayer. And in general shewed, 1, That of all
the matters objected against Mr. Viccars some were confessed as his
conventicles. His opinion of noe communion but upon Sundaies.
His admonition and divers of his false doctrines. 21' For some
others there is noe defence, as for conventicles, for particularizing
men, for not burying of Spire's wife, for the covenant of grace, for
pereonall preaching, &c. And for those we have proved against
him. Though there be exception to some of our witnesses yet we
have divers preachers, 2 or 3 knightes, 6 or 7 gentlemen and par-
sons of other places, and diverse aldermen, against these there is noe
exception. But against some of the promoters witnesses it hath
been alleaged that they arc capital! cnimies of Mr Viccars, and they
petitioned the Lordes, prosecuted the suit heere, and contributed
towardes the charge of the suit For this the doctor allege th that
as he conceiveth it is noe such great offence to contribute or follow
the suit, seeing there was a commandment for prosecution, <&c.
And Doctor Eden laboured to diminish the defence of Mr Viccars,
and the testimony of his witnesses in divers particulars. As that
Mr Viccars (defending his irregularity after the admonition) proved
he read common prayers once, and (as to those accusations that he
was more irregulare since, and that it was noted that almost all the
offences alleaged against Mr Viccars were since the admonition).

VICAB8' CASE. 217

That Mr Viccars relyed upon this general proofe ol* many witnesses.
That he was and is an honest man and of good conversation. Doctor
Eden affirmed these to be weake defences. And whereas Mr Viccars
defended his accusation of preaching against the magistracy, and
proved that he hath preached obedience and for liberall contribution
to magistrates. Doctor Eden alleaged that this was weake for
(saith he) we doe not deny but Mr Viccars can at some tymes preach
soe and sometimes temporise. Mr Viccars defending his two fastes
alleaged that he used to preach soe at other tymes especially before
the Communions. Doctor Eden affirmed this to be an accusation
rather then a defence, and that doubtlesse the appearing before the
Lordes was the great cause of the fastes, &c.

DOCTOR DUCK for Mr Viccars. Note that before Doctor Duck
spake, the Bishop of Canterbury commended the two first Doctors
and their faire and moderat carriage of the matter, and the patience
of the defendant's parte in tarrying till their tyme to defend; he
wished them so to goe on, and to avoyd snapping at one another.

DOCTOR DUCK: We doe acknowledge the justice of his Matio
and likewise the justice of this Court for our favourable hearing,
and that we have had this liberty to prove what we could : And
for Mr Viccars, I must needes say this to your grace and this
Court: That in the agitation of this whole cause, and soe much
combating, there hath not beene a blemish cast upon him for his
life and conversation. He • hath been a publique preacher in
Stamford these 4 or 5 years. His adversaries have accused
him of divers particular offences, which seeme very greivous, but
most of these are endevored to be proved by those that are not Mr
Viccars' ordinary auditors, but such as came to catch him in his
wordes when they heard him : and this we desire may be noted,
that the promoter hath noe witnesses but such as we have taken
exception of in almost all the matters. And we must denote fur-
ther one greate exception in the lawe unto the promoters proofes,
and this it is : That they goe about to prove t hinges donne in an
assembly and great multitude by a few witnesses, and those to be

CAMD. SOC. 2 F

218 HIGH COMMISSION CASES.

subject to a question, and then likewise the rest of their owne wit-
nesses ncsciunt deponere. This we take to be a great weakening of
the promoter's testimony.

1. The first thing against Mr Yiccars is the matter of con-
venticles. This is one of the best proved accusations, I must con-
fesse; but yet, as it was done by Mr Viccars, we hope it will prove
noe offence. He used to call the family; he was a stranger and
a lodger; they that came, came occasionally, and he preached
noe seditious opinions, none proved ; nay, we have proved the
contrary. Now, we take it that the 73 Canon may give some
defence to ministers in such cases, if in such meetinges they preach
nothing against the doctrine of the Church.

2. The second thing is that Mr Viccars should preach that if any
man fall into the same sinne againe after repentance it is unpardon-
able; of this there are 5 .witnesses, and noe more, and 13 of the
promoter's owne witnesses knowe nothing of it, and against 2
or 3 of those 5 there are very good exceptions: and on thother
side we have proved that Mr Viccars spake of this point with a
great deal of reverence, and delivered, indeed, that such as fell
into the sinne against the Holy Ghost could not repent, and that
noe sinne but that is unpardonable, if it be repented of, and this we
prove to be the effect of Mr Viccars' sermon.

3. They depose Mr Viccars said there was noe hell : but our
witnesses maintain he preached otherwise.

4. That he should rayle against a lawyer, but this is a single
witnesse.

5. For his opinion that a Christian must fulfill the whole lawe,
they endevour to prove this; but he answereth that every Christian
by Christ fullfilleth the lawe, and soe his witnesses say he was under-
stood by them. And it is the doctrine of our Homily that every
believer doeth fullfill the whole lawe in Christ Jesus.

6. That Mr Viccars should preach if ministers had those vices
and blemishes they were noe true ministers; but nine of their owne
witnesses heard not this. But we have proved that he said onely

VICARS' CASE. 219

that such were scandalous and fitt to be therfore removed from the
ministry.

7. Against Christmas absolutely he doeth not speak ; he usually
observeth it himself, onely fell into a question of astrologie, and
delivered something about the tyme, in which he is not soe
peremptory.

8. We say it is true Mr Viccars did in his sermon make distinc-
tion betweene sinners and the godly, but not as it is articled.

9. It is alleaged that Mr Viccars should preach against the re-
pentance of ould men; and to prove this the promoter hath
onely three witnesses, and 24 of our witnesses say the contrary,
and shew what the true wordes were. If they did not repent, as
Manasses did, and used these wordes, that such are leaft of their
sinnes rather than leave their sinnes, which, indeed, are St. Austin's
wordes, &c.

And I shall now conclude this parte of our defence, offering this
in generall to your Grace and this Court, that we trust this Court
will in their favourable censure respect Mr Viccars in his probable
and just defences; and that if he shall be thought to be guilty of
any of these or those that remaine, yet he hopes for favour, and
humbly pray you would not cast him out of the Church nor out of
the ministry. He is not so obstinat, but willing to recognise what
shall be found his fault: And I shall end with this one example of
mercy. The Emperor Constantino wrote to the Bishop of Rome
that he would not deny gremium Ecclesia to one that had played
the apostate, of which he repented, and desired to be againe re-
ceived, which you shall find in his 45 Epistle. Now, therfore, if in
case of apostacy this were donne, we hope we shall fynd the same
mercifull sentence, seeing the offences alleaged are of a lower
nature.

DOCTOR GWYN defended the rest of the particulars untouched
by the Doctor that spake last; and for the irregularity which was
urged by Doctor Eden against Mr Viccars upon his admonition
given him by the Bishop of Lincolne, Doctor Gwyn shewed that

220

mon COMMISSION CASES.

it was not alleaged by the articles in what particulars and for what
matters in special the admonition was given by the bishop, or that
it concerned any of the offences now complayned of against him ;
and therfore irregularity could not be grounded upon it : And
shewed in gcnerall that it was an easy matter for .a company joyn-'
ing themselves (as his accusers did) to pick holes in any man's
sermons for three years' space; and that he doubted if some should
be served soe they would not make a better defence then Mr Viccars
hath to every particulare, especially if Mr Town Clarke were one of
the accusers, &c.

Commis-
sioners.

In the Court of High Commission, 10 Norember, 1631.

1 George, Archbishop of Canterbury.
William, Bishop of London.
Richard, Bishop of Winchester.
Thomas, Bishop of Coventry and Lichfield.
Francis, Bishop of Norwich.
Before \ Theophilus, Bishop of St. Davids.
John, Bishop of Rochester.
Sr Henry Martin, Knight, Doctor of Lawc.
Sr Charles Cesar, Knight, Doctor of Lawe.
Sr John Lamb, Knight, Doctor of Law.
Sr Nathanael Brent, Doctor of Lawe.

The Sentence against Mr Viccars.

SIR XATHANAEL BRENT first gave his sentence against Mr
Viccars after a particular scanning and reprehension of many of the
offences charged upon Mr Viccars. He came to refute Mr Viccars
2 generall defences made on his behalf by Doctor Ducke. 1. The
first of which was that he was not of ill conversation, &c. To this

YICARS* CASE. 221

Sr Nathan Brent alleaged that he was (in his judgement) much
to be blamed in his life and conversation, and this proved against
him : in that he laboured to gett followers which were of other
parishes which had pastors of their owne: and this (saith Sr Nath.)
is a note of singulare pride, and if it cast Lucifer out of Heaven I
see not but it may well throwe Mr Viccars out of the pulpit:
Againe in that he did in the pulpit call men dogges, devills, this is
a token of malice and malice is of the Devill, of this I thinke Mr
Viccars is not clear, but ought to repent thereof and pray for par-
don. 2. But the last is his best defence : If he have offended he
doeth humbly pray pardon, &c. It is true if he had donne this at
first he had deserved favour, but if he will stand out a long suit,
and trouble the Prosecutor, King, and Councell this is not to serve
histurne; and, besides, he doeth not confesse his fault, but con-
ditionally, and not clerely. Wherefore he proceeded to his sen-
tence: I hould him guilty of keeping conventicles, speaking against
common prayer, &c., and therfore I denounce him excommunicate,
and this to be published at Paul's Crosse and Stamford; and that he
shall be deprived ab officio et beneficio, but I would not have him
degraded, because he is a good scholler and may doe good heere*
after; and I think him worthy to pay a fine of 1001' to the King,
and to make a recantation, and to pay charges of the suit to the
Prosecutor.

SIR JOHN LAMB: I think this man is worthy to be punished
for his offence. His defence is either by deniall or justification,
what he hath denyed is sufficiently proved against him, and in his
justification he fayleth. I thinke him worthie of the sentence im-
posed, and to be imprisoned and pay costes of suit.

SIR CHARLES CESAR: He spake soe little and with soe lowe a
voice that I could not hcare him, but I think he gave noe sentence
because he was not present at the hearing (as I take it).

SIR HENRY MARTIN: Preaching of the Word of God is one of
the best thinges ordained of God in the Church. We doe all
knowe that a faithful and good Preacher is a greate benefitt to the

222 nron COMMISSION OASES.

people where he is; but if a Preacher shall in his preaching cor-
rupt his auditors with lewd and unsounde and pernicious doctrines,
and shall abuse their manners with his example of pride and selfe
love; this preaching is the most pernicious thing that can be, both
to the Church and Common wealth. The thing to be tryed is
whether of these two preachers this man is. If he be such an one
as corrupteth the doctrine and infecteth the conversation, then he
is the worst of men. I doe not take this or that particularc action,
but we are to judge by the course of his whole carriage. I heed
not repeate all the particulars, but I will touch 5 or 6 particulars,
because his Advocate hath seemed to give some defence. His
meddling with private matters of marriage in undecent manner,
his speaking against Christmas, his consolatory epistle, his canonl-
call admonition, his new covenant of grace, and some other thinges :
1. He hath undertaken to reprove offences of married persons in
publique, which he might have called greate offences; but to call it
murther and adultery is too much : Sr I have heard of a better
divine that saith it hath pleased the divine Maicsty out of honour
unto the married estate under that vaile to cover many obliquities:
being silent of particulars: and for you to proclaime it thus, Sir, it
was a sawcy trick.

21*. You speake against the observation of the feast of Christmas,
for which offence onely (if there were noe other) you deserve a
great censure, but your Advocat saith you were but a little curious
on some Astronomicall pointes, which you have read: will you
preach what ever you read, then you shall fynd more matter then
for keeping Christmas in September.

3'*. For the consolatory letter. It is an Apostolicall, nay, an
apish imitation of the Apostles, and beares a note of great pride in
you : You are called up to answere your echismaticall doctrines,
and all that holy St. Paul sayd for hiraselfe in his Epistles you
must apply to your selfe, our King is the Lyon, his Councell Nero;
and you have a president which you urge, as Hczekiah that good
king spread the blasphemous letter before the Lord soe were your

VICARS' CASE. 223

followers to doe. This I say is profane for you to apply these holy
sayinges in that consolatory epistle as you did.

4'*. An other thing is the canonicall admonition, but your
Advocat saieth it was not punctually for any such thing heere
complayned of, but you confesse you had a judiciall admonition.
You say my Lord Bishop gave you admonition, and I say you are
a very proud fellow upon whome this will doe noe good.

51?. That which your advocate saith there will be noe hurt of it,
you urginge people to a new covenant, I differ from him in opinion
very much, I hould it is the worst thing against him. You must
make a new covenant of grace, as good say men must be baptized
anew. We have all made a covenant with God in our baptisme,
and it is that we forsake the Devill and all his workes, the vanities
of the world, and the lustes of the flesh, that we beleeve all the
articles of the Christian faith and to keepe Gode's holy will and
commandmentes, and true it is we breake it, but must we make a
new covenant when He with whome we made it requires it net?

I will put you a familiare similitude. There is a lease made
betweene lesser and lessee, and the lessee doeth not pay the rent for
which his landlord may re-enter, but he is willing to passe it by
and a new covenant or lease not to be made unlesse he take the
advantage of it. Soe in this case, God takes not advantage against
us, and therefore noe newe covenant unlesse he had required it. It
was your part to exhorte your people to repentance and sorrow for
their sinnes and to keepe Gode's commandmentes, but to put
their handes to a newe covenant, this, I say, is a most curious and
a most abhominable error; and those that will not come to yor
unlawfull conventicles, to them you use all those execrations, and
if they are not at your preparations, why they are not dogges and
hogges as you call them ; but for yor covenanters they are all
children of God, and the rest must goe to hell.

61*. I charge you with nothing but what you confesse. You
say you did not say that he who commutes the Bame sinne againe
willfully is damned, but he that sinnes against the Holy Ghost is

224 HIGH COMMISSION CASES.

damned, and this because he cannot repent, and this you prove by
the 6 to the Hebrewes. True, none will say but he that sinneth
against the Holy Ghost is in condemnation, but you say in effect,
that the second sinne is the sinne against the Holy Ghost, and this
you did in a manner confesse before the Court of Informacions, and
this is worse then that which Asetius affirmed, to whome the Emperor
Constantino wrote (in regard of that his opinion), Hee might
make a ladder and goe to heaven alone, for what were his wordes ?
Those that after baptisme fall into that sinne which the Scripture
calleth sinne unto death ought not to be admitted to the Sacrament,
but ought to be exhorted to repentance.

71'. For your hell, you did not say there was noe hell, but you
say that the body goes to the earth and the soule of the wicked is
condemned to hell. Who knowes not this? What need you make
this difference?

A little to speake to that which this commissioner next me heere
hath mentioned, and your advocat thinkes should procure you
favour. It is said you are an honest man of life and conversation,
and it is true yor witnesses say you arc paincfull and industrious;
I am soe farre from thinking this should procure you favour that I
hould it ought to procure you greater censure and punishment.
My reason is, if God hath qualified you with better gifles then
ordinary and you take paines but therein give your selfe to doe the
Devill service in spreading his doctrines, heerby you much abuse
your giftes. Tell me of an heietique but he was of an austere life.
Sabatius, a schismatique, was a man of most upright and uncon-
trollable conversation. Any scholler that heertofore made any
innovation in the church, he was outwardly of a good life and con-
versation, for it is not a drunkard or an openly wicked man that
can make his false doctrines to spread and growe. We are not to
judge according to the outward species, for if we could lookc into
your heart we should see more foule and ugly vices then a deboshet
conversation commes to. There lyes at your heart notable pride
and superstition ; noe matter for breaking the peace of the church ;

VICARS' CASE. 225

noe matter for the doctrine of the church, soe you may make a new
covenant of grace ; heerin is pride, and you are suj>stitious like-
wise. You preferre your honor to Godes, and this is a fouler sinne
then profanenesse. Our Saviour, when he sawe the pride of the
learned Pharisees, sayd, Woe to you, Scribes and Pharisees, and
holdeth them for their learning and austerity two fould more the
children of the Devill. And for you to take all your paines, and
this to doe hurt in the church, is your greater sinne, and the greater
by how much austere and learned you are. Flatter not your selfe
nor those that wish you well; if you have any guift use it as you
should to Gode's glory, els you doe the Devill service and may goe
to the Devill.

Having said thus much, I goe to my censure. I hould-you to be
a man that have given yourselfe to raise you a name, though it be
with schisme, in the church, and breaking the peace thereof. Your
advocate sayd if you have offended you are willing to acknowledge
it and to submitt your selfe and recant. If I could see in you a true
sence of these evills, and how farre you have gonne, and how much
service you have donne the Devill, I would imbrace you. I will
not say you will doe otherwise, but you stand heere and will not
recant. I therefore concurre with them that have given the greatest
sentence.

THE BISHOP OF ROCHESTER. There hath been care taken in
this cause to cutt off at the Court of Informations as much as was
thought fitt, that we might not in this Court make the cause too
longe ; we left out a fourth part of the accusations against him.
And this I say, if there had beene noe more then those left out
alleaged against him and those not spoken of, it would have
troubled the advocate for defence. Of the proofes against him for
the particulars hath been enough spoken; I will say somewhat of
the first thing, his taking upon him to personate men in the pulpit;
but he saith he did not personate this man that hath testifyed
against him, and hath denyed it upon his oath, yet 5 witnesses say
you affirmed in your sermon you might preach soe particularly
CAMD. soe. 2 o

226 HIGH COMMISSION CASES.

that men might know you meant them, but cautelously that noe
advantage might be taken. Let us take your defence according to
the rule : the wittnesses. say soe much as they understand in thinges
and you make equivocall and sencelesse answers; I leave this and
your defences to your LOT**. The thing I would speakc unto is this,
to shewe how great hurt the Church hath had heerby. But why
shall we confute that which he denyed upon his oath ? The thing
that aggravates his offences is his equivocall perjury, he denyeth
what he pleaseth, and is not ashamed of itt. But this concerneth
the state of the Church. And in that these thinges have been
donne by this man, I desire that good men will pitty the towne of
Stamford and the Church of England, they are miserably in danger
of infection, pray for them. He hath not onely conventicles, and
those not of an ordinary straine upon the Sunday, but upon weeke
dayes both in the day tyme and night tyme. But at church the
people come to be comforted, there they are wounded with these
and the like damnable doctrines, to fall into sinne against conscience
the second tyme; this is the sinne against the Holy Ghost. But
what is this, as St Jerom saith, but to give the Devill to the whole
world. And for an ouM man that hath sinned, there is for him
noe comfort, noe balme of Qilead; why, because his sinncs Icaft
him and not he them. He that keepes not the whole lawe, he that
loveth not Christ is accursed ; true, but you say Christ fulfilleth the
law for every beleever: why noe Papist saith we fulGll the whole
lawe but by Christ. You will not kecpe company with those that
are not brought to come to your conventicles. But the Towne
Clarke is wiser that hath been played upon. A man must not lye
with his wife but by direction: noe man must dwell in a parish but
where two sermons are every Sunday. Noe man must be admitted
to his conventicles but those that will enter his covenant of grace,
the 6rst parte whereof is a covenant of secrecy. Though there be
a Nunnery and a six fould sacrifice in Stamford, the Magistrate
must not meddle, for then he drawcth his sword against the godly,
and if he drawe his sword against the sword of the ministry, remove

VICARS' CASE. 227

such a Magistrate. "What doeth Mariesus* the Jesuite say other-
wise ? If the Lordes of the Councell send for him, the poor people
must come to church and leave their shoppes, if not a thunderbolt
is discharged upon them. They must come to their preparations
Friday and Satturday, els Dogge I Devill ! This was a good cause
for the people of Stamford to complayne unto the King. His name
is Viccars but he hath donne things becomming the vicar of hell,
the vicar of Rome. How many hath he deprived, degraded, calling
them unlawfull ministers noe ministers, except they preach twise
upon the Saboth day they are in danger of hell, oh ! better his
tongue cleaved to the roofe of his mouth : How many fellow minis*
ters are by him not onely censured but condemned to the pit of
hell? \\hat good could there.be of this preaching, they cannot
answere, it makes the people have an ill opinion of them, what pur-
pose is it to speake against them soe? When vicious preachers come
before us let us censure them, but to what use can it be to declayme
against them in the pulpitt.

For the Churche of England they must not follow antiquity but
alter their solemne times according to Mr Viccars; I will not say it
is not unfitt to receive upon Thuisday it is not fitt but herein he is
beyond the marke to say they are idiotes, asses, dunces, fooles, who
doe soe receive, whether Bishops, Kinges, who soever. When
people come to the Sacrament they are met with execrations, and
why, because they come not to their preparations; if this course
should be tolerated it would bring on auriculare confession. He
bringeth in the 7th of the Acts, first part, where he saith they
received upon the Saboth day, and Tertullian to that purpose, But
wherein is the letter of new testament broken if men receive upon
another day? St. Austin in his Epistle to Conrad us saith many
used to receive the Sacrament every day and some seldomer, but
looke to the face of the Church and every man may use his con-
science.

• ? Mariana.

228 HIGH COMMISSION CASES.

I declare thcrforc the horrible wrong donnc by you to Stamford
and the horrible wrong to the Church of England, Noe Minister,
no Magistrate but such as he will like of: Therfore as he said, I
have cutt off fingers and toes, soe God hath donne to me, (Foras-
much as you have deprived so many, I adjudge that you be
deprived and degraded, that you pay an lOO" fine to the King,
that you make recantation at Paules and Stamford, that you pay
costes and be imprisoned till the Kingcs Malie and this Court be
pleased to in large you.

THE BISHOP OF NORWICH: This man is to be for his false doc-
trines and malicious conversation sharply censured ; Among his
doctrines 3 are hereticall, the rest smell of heresie and are temeraria.
1. That noe place for repentance is leaft to oull men; and 2'? to
sinnc. The second sinne after repentance is the sinne against the
holy Ghost, if this were true then repentance were a snare, for then
if one sinne after repentance then he can never repent for it is the
sinne against the holy Ghost: wiser men then you doe not knowe
what the sinne against the holy Ghost is. When I lived heere
divers about this city came to me to be comforted doubting they
had committed the sinne against the holy Ghost, but I ever told
them that sinne is not but where there is a malicious dcnyall and
rejection of the bloud of Christ : but let this goe. 3ly. That there
is noe hell ! an error for which Origen is condemned. The article
of our creed is, he descended into hell, and if that we are to believe
he did descend into hell then there is such a place.

But now for your temeraria : and this is when a man commandes
or forbiddes without warrant from Christ, his Apostles, or the
Church, your six-fould sacrifice, which every Mr of a family is to
offer upon the Saboth-day, as you say, it is not possible through a
kingdome or a church to pcrforme it, then all the kingdome pro-
fane the Saboth, and then all servantes must come out of their
masters' service because they cannot have such masters as will
kcepe such sacrifices, and soe you will overthrow the state of the
kingdome. And that ministers and pastours must preach twice

VICARS' CASE. 229

every Saboth-day, or els they are in danger of damnation. Heere
you are very sawcy against the Church of England Canon 45, and
against the his Matiei instructions, which appoint that sermons in
after-noones be turned into chatechisinges, as worthy an ordinance
as any in the Church, but in steed heereof you turne an olde man
into hell.

Againe, you are against the Church in matter of Marriage, which
you shall fynd in the booke of common prayer, which sheweth
three endes of marriage, but let that goe. And that our Saviour
was not borne in December, and men ought not to receive but
upon the Saboth day. 13 Canon the Church opposeth. Againe,
sett prayers are not soe effectual. Heerein you condemne all
churches. Why should there not be extemporary hymnes and
songes, as well as prayer? I see noe difference. Then your pointing
out men and terming them Devills, Dogges. Now, I knowe not if
they were vile men, yet you should have used gentlenesse towardes
them — deale not with them as enemies, but as brethren. But one
thing affectes me most of all : you doe labour to bring the publique
service into disgrace and into contempt, and you have brought it
soe to passe in the kingdome that people doe not regard the
publique prayers of the Church, wherein, noe doubt, you have the
devill of hell your captaine, who hateth Godes worship most of all.
How necessary is the service and worship of God ! by it we impe-
trate all thinges, &c. You doe not read divine service, you doe
not honor it with your preser.ee. I will tell you I preached myselfe
as well as you, and I read it often, and for this reason, that I
might bring it into regard among the people, where, when I came,
I found it at first much neglected, but at last they had good respect
to it by my meanes, I thank God. This is therfore your folly,
your saucy and extreme scandall. We punish our adversaries for
not comminge to the service, and you preach it is superstitious and
a paire of tarr-irons. If you amend not, you deserve Godes heavy
judgementes. For your offences, for the most part, you deny all;
that which ministers and men of worth sweare you deny; other-

230 HIGH COMMISSION CASES.

while you equivocate. But you say extemporary prayer, and you
cannot remember what you sayd. For my censure, you deserve the
sentence of excommunication for refusing to bury upon the Saboth-
day, and in a great number of thinges you have incurred that
censure. I think you worthy to be deprived of this place and
living, to pay expences, to make a line of 1001', and an acknow-
ledgment of your errors; ffor degradation I cannot tell, you may
remember yourselfe. But the mischiefe of these thingcs makes the
matter . hevier, for, take away the orders of the Church, and shall
we not be as beastes. I doe not give my sentence upon any heady
braine, thcrfore I hould you worthy to be suspended for seven
yeares; and in mcane while to reade the Canons of the Church and
the booke of common prayer, and reade over these learned men
that have written of it — \Vhitgift, Hooker, and my reverend Lord
heere;* and at seven yeares end, if please God that you reforme
yourselfe and become a dutiful member of the Church, to be
restored to the office of the ministry.

THE BISHOP OF ST. DAVID'S : This man's very wordes and
workes, in every man's judgement, are allready condemned. If I
should goe over every head of his accusations, I should then spend
as many dayes in scntenceing as we spent in bringing it to judge-
ment. It is some cruelty to put a condemned man to a lingeringe
death. To those thinges which have been wayved and lessened by
his learned advocates I say little. Oncly his conventicles being
blanched by the name of household duties, this is not to serve his
turne. And for the Apostolicall Epistle I thinke it noe better than
a scandalous libell against this state, as if the governeracnt under
our religious and gracious King were like that in the tymes ot
Nero and Mary. For his holy covenant and execrations at the
communion; and for the turning of God's oratorio, the pulpit, into
a place to vent his malice upon the poore people, for these four I
appoint him for punishmentes, costes of suit, to pay a fine of 1001',
to be deprived of his benefice, and that all pulpittea be shutt

• Bishop Morton.

VICARS' CASE. 231

against him for three yeares. And though he be unmercifull to us
olde men, yet we are soe mercifull to him that when he ehall re-
pent the bosome of the Church shall be opened to him ; yet soe aa
not to exercise his ministry in Stamford, where he hath made soe
great a breach of peace. And I end with what one of his advocates
ended with: That he hath not any fault layd to him greater than
apostacy, whereof one repenting, the emperor desired he might not
be received into the Church. This made me more propitious then
any of his defence or learninge.

THE BISHOP OF LICHFIELD: I ani perswaded that there is
scarce any minister that preacheth conscionably but he hath in
experience found that many, through weaknesse or want of atten-
tion, have misconceived his doctrine. Soe did the Jewes miscon-
ceive our Saviour, when he sayd, I can destroy this temple, and
raise it in three dayes; they understood him of the matcriall temple.
I wish that all these thinges against Mr Viccars were misrepre-
sentations. But I say that in opinions of this nature great care is
to be had to suppresse them. He saith they, and they alone, are
blessed who performe the whole lawe, and leaveth there, not shew-
ing whether he meant a legall or evangelicall keeping of the
Commandments. But every man must depart from a scandalous
ministry. This is plaine Donatisme, and it is to teach men to have
the word of God in respect of persons.

Philipfpians] i. St. Paul rejoiceth if Christ be .preached, though
by some he is preached of envy. That to relapse into the same
sinne is the sinne against the Holy Ghost ; why, all are trans-
gressors, David committed adultery and murther, and he that
transgresseth one commandment is guilty of breaking the whole
lawe, because it is a contempt against God, the Author of the whole,
and yet none of these the sinne of the Holy Ghost.

The next is his translating of the feast of Christmas ; this is the
most notable to discover his spirit. He seekes quaint and [ab]struse
authors, Canditius, &c. What need he preach this if it were soe;
many truthes are to be concealed ; our Saviour sometimes concealed

232 HIGH COMMISSION CASES.

his person. This is, at the least, indiscreation in him, and scandal*
ous, by reason he makes a wound and layeth not a playster: if his
ignorance would have given him leave, &c

Olde men's repentance is too late. My brother that spake last
should hare been more offended at this. We are to teach this
young man a better lesson. He saith God will not accept them;
noe, though they seeke repentance with tcarcs because their sinnes
leaft them, not they their sinnes; I take his owne wordes. He
divideth men into two sortes: may young men be acceptable and
not olde ; is there any respect of persons with God, olde and younge
are personall; whosoever repenteth him, and it is now day. Againe,
some were hired at the 1 1 lh houre. This is therfore plaino igno-
rance in him. He saith that old men's seeking repentance with
teares is but crying and howling. Why, are not teares true tokens
of repentance? But who art thou that judgest another man's ser-
vant, &c.; you will crosse the minde of Christ, who saith, Come to
me all yee that are weary and heavy laden.

For usury. That the labourer must restore the money gotten by
usury to the borrower when the usury is convicted : what relation is
there betweene the labourer and the borrower ? We yeeld that the
borrower may in some cases partake of the sinne with the lender upon
usury, but the third person that for his labour receives the money
gotten soe from the lender is not to examine how he came by it.

Incontinence ip the married state. My friend, you have your
opinion from a wrong ground, the Leviticall lawe; there is a sanctifi-
cation Icviticall, and that which is accepted now in the tymes of
the gospell, and not to disccrne these two breedes confusion and
causes impious and sacrilegious opinions. Marriage is honourable
and the bedd undefylcd, &c.

Communion not to be but upon the Lordes day. Why we have
antiquity and scripture for it, because in the Apostles' tymes it was
celebrated every day; and the circumstance of tyme must not be
observed nor the circumstance of place soe strictly. Why then
ihall it not be administered and received upon any of the 6 daycs ;

VICARS' CASE. 233

but in case of necessity you say it may. Acts 2, 4, 6, They con-
tinued dayly in breaking bread from house to house. You that
sayd even now that there must be two sermons every Saboth day,
where doe you read that the Apostles preached twice every Lordcs
day?

For your refusing to bury upon the Saboth day, it is a religious
worke, and there is noe tyme fitter for it then this honourable day.

To omitt yor execrations at the communion to say a little — it is
the cup of blessing ; blesse I say and curse not, saith the Apostle ;
but you give 2 curses for one blessing.

The last I will note is the most notable of all the rest, the new
covenant of grace, he mistakes his text for this likewise. There is
but one baptisme, but one covenant, as there was in the olde lawe,
but one circumcision, one covenant, one Christ. God himselfe
hath given us an example when his Church played the harlott,
returne, returne againe, &c. noe new covenant to be made, &c. this
is the holy doctrine of our church.

To conclude some of these are temeraria, some hereticall blas-
phemous and scandalous, you have been a man egregiously proud
and exported wth a spirit of singularity, for my censure I shall
concurre in all that hath been given against him, saving I would
have him be suspended but for 3 yeares, &c.

THE BISHOP OF WINCHESTER: He hath violated the unity of
the Church, and by his seditions courses much disturbed the peace
of it: and these are continued and settled courses in him, for I
must say to you I remember since his first comming to this place I
have allwayes heard of it; he hath good partes I knowe if he had
grace to use his guiftes. His learned diocesan was feigne to come
tc Stamford to inioyne him a recantation. If he had left hecre he
had donne well, but he hath disgraced the pulpitt and profaned the
holy Sacrament by his execrations, and I fynd him to have kept
conventicles, yea at those tymcs when there hath been publique
prayers in the church he hath held his conventicles, I was my selfe
in the towne and heard of it at the tyme. I conceive the thing

CAMD. SOC. 2 H

234 HIGH COMMISSION CASES.

that led him on to these offences and crronious opinions is singu-
larity and neglect of duty in him, as in many others. He hath not
taken paines to read the booke of common prayer, the booke of
homilycs, and the canons, but taken a pride to runne contrary to
the streame of them ; would he have runne into these and that of
the new covenant, which is to nullify the first covenant, if he had
knowen the meaning of the Sacrament, not to apeak of all.

I doe remember it was sayd by one of the Advocates, that it is
hard for a minister to be compelled to give an accompt for every
thing he saith in the pulpitt for the space of 4 or 5 yeares, I will
not speake against preaching, God forbidd, nor against those that
preach twise upon every Sunday, God continue them able to doe
soe, but I would he would preach lesse and consider what he saith,
and be able to give accompt what he doeth say, and thus he shall
doe more good with one sermon in this sort then with two in his
manner; but I think as his prayers are soe are his sermons
extemporary; preach a little lesse and study a little more, ffor his
opinion of deposing the magistrates, it doeth not rest at the magis-
trates of Stamford. I doe therfore censure with Sr Henry Martin,
and doe subscribe to the divine-like speech made by him, onely I
adde one thing, that is, if he looke for any favour that he first
remove himselfe from thence for if he remaine in that country he
will nothing but drawe conventicles. What Doctor Ducke sayd,
I would he had taken hould on.

THE BISHOP OF LONDON : There hath been so much said that
I have little now to say, yet that I may speake breifely and soe dis-
charge my conscience. 1. ffor his conventicles, there is an extenua-
tion not a defence, but in a minister the offence is greater. 21'. The
denyall of repentance to those that fall into the same sinnes — his
dcicnce was, &c. This is hereticall. Saint Peter sinned the same
sinnes 3 tymes one after another. 31' Noe hell prepared : the
defence was that it was not prepared for the body till the day oi
judgement: Tophct is prepared of olde, He descended into hell,
therfore there is a hell : The Councell sayd heere was but two

VICARS' CASE. 235

witnesses to prove this, and that is enough as the Scripture saith,
in the mouthes of two or three, &c. 41?. Particulare charging men
in the pulpitt, and his opinion is Ministers may doe soe, soe they
have regard to their owne safety not to fall within the lawe, noe
matter for the safety of the Church of the Canon of Religion : but
your defence is you never chose a text purposely, but you did it
though you chose noe text on purpose but for ought your witnesses
knowe you might. 5'? Performance of the whole lawe: Some
defence hath been offered that men cannot perforrae the whole lawe
by themselves but by Christ, who denyeth this but a Pelagian.
Christ hath taken away the curse of the lawe. Some would have
noe lawe; you say the very curse is not taken away. 61? For the
blemishes that those that are scandalous and blemished are not true
ministers, it were to be wished there were noe such ministers, but
doe they fall from the ministry ? Yes, say you, as the Leviticall
lawe made the blemished noe priestes soe these noe ministers, soe
they are not lesse decent, but none at all. 7ly For your Christmas
day, you call it superstitious, &c.,and not kept at the tyme: Doeth
the Church of England keepe it for a better dinner ? It is not a
matter of Kallender onely, 500 yeares since by the joynt consent,
St. Crisostome, &c., you have a learned man for you, who as he
was learned yet did not understand, &c., and I say, Let him that
will come forth and showe good groundes against it out of antiquity.
8ly For your differencing the fearers of God and those that doe not,
all men make a difference, but you judge an other man's servant;
you say these are your sonnes, you are Apostolicall. 9'* An olde
man cannot be saved that doeth not repent in his youth: what
became of Manasses? He was olde, he forsooke not his sinnes till
they forsooke him : and take heed, remember your owne do6me.
lO'y ffor money gotten by usury whosoever hath it must restore it
to the borrower: the defence is if the usurye be convicted: why
is there noe usury but convicted usury ? There is usury in Foro
conscientie, and shall a poore man that labouretli for his money
examine how it was gotten whether by usury or not? Money hath

236 HIGH COMMISSION CASES.

noe care marke. 1 V' If there be not two sermons preached every
Sunday he that hath charge to doc it shall fry in hell. I will not
say let there be noe preaching, let there be discreet preaching, but
such as this doeth a great dealc of harme and but little fruit hereof
to be expected, rather to be desired that such hould their peace:
You say they shall fry in hell, and that there is noe hell, truly these
thinges won bene convenient. 12ly You are a bachellor and soe
am I, you are very violent against that honorable estate and very
bolde against the Church of England, which hath expressed those
endes of marriage, and a man may marry that is stricken in yeares,
and now doe you thinke the church makes such remedies that are
worse then the disease ? That a man must not marry that is in
yeares under danger of murther and adultery ; if I were not forced
to this haste these thinges would be longer insisted on. 13'y Noe
receiving the communion but upon the Saboth day : I am noe enimy
to the word, but if you meane the Saboth day that is nowe in the
newe testament, then your opinion is for receiving on our Sattnr-
day, for in all our returnes of lawe and statutes before the reforma-
tion the Satturday is called the Sabbath. 14ly Your preferring of
conceived extempore prayers before sett prayers. Your defence is
you condemned hippocriticall prayers : Why we disapprove and
detest lippe labour as well as you, therefore this is a mere tergiversa-
tion : your speeches were directly derogatory to the prayers of the
church, and this is proved by your owne witnesses: Your advocates
sayd you tooke paincs more then you have thankes for, I think soe
too, alasse it is not preaching often but discreetly is most profitable
and to be esteemed. 15ly Noe buriall upon the Sabbath day: It
is a worke of piety and therefore to be donnc upon that day that is
kept in memoriall of the resurrection of Christ and our redemption
wrought by him : and to deny buriall is to adde affliction to the
afflicted. 16'* For your covenant of grace; you offer noe defence
for it, it cannot have any; I have heard the same is likewise prac-
tised in the West of England, what their ground and warrant is I
knowe not: for the thing it selfe, the new covenant, if you call it

VICARS' CASE. 237

soe, then it is that which is made in baptisme, but if you meane by
it an act of repentance then it is not a new covenant, and you should
have given it the olde name. 17ly For your canonicall admonition,
I wish the causes of it were sett downe in particulare, I should have
punished it. 181? You will not have the magistrate drawe his
sworde, if you doe ill. 19'* Your conventicles upon Friday which
you call preparations ; I will not say it is unlawfull to preach before
the Communion, but why this new course should be sett up by
some as it is, I doe not say it is well donne of them : this is also
practised in the West ; thus making a church in a church. 20'r Your
execrations at the tyme or before the receiving the Sacrament, as
Dogges, Devill, and Damnation, and yet you yourselfe can instantly
receive the Sacrament, which is profanation of the holy Sacrament
by you, and these are the two greatest thinges against you. You
refuse the exhortation appointed and allowed of and frame some-
thing of your owne; I wish that you and others that are soe ready
to fynd faultes were sett to mend the booke of common prayer: I
am confident if you were you would make it worse. 21'? For your
letter to the brethren : I houlde it to be scandalous to the Church
and State, and the Church you hould to be noe true Church though
it christened you. 22'* Your six fould sacrifice hath noe defence.
This was never read in any anciente Fathers ; learned Authors.
This must of necessity breed sundry great mischiefes to the com-
monwealth. Servants leave their masters, if they cannot be where
they may enjoy 6 sacrifices, and a 3 fold sacrifice for the weeke
dayes : heere is a mistery of iniquity, thus you bring your people to
your conventicles and to the Devill to be feared &c. 23'* Your
speaking against the Booke of Common Prayer: you term it a super-
stitious service : yet you reade it, but you reade it seldome and you
curtale it, you would thus put an high imputation of superstition
upon the Church of England.

To these your defences in generall are two, the first is a cleare
testimony, that you are an honest man : now this shall make me
censure you the deeper, God hath given you grace, and you to runne

238 HIGH COMMISSION CASES.

into nothing but to make the people bclcive your scandalous errors.
Your second defence was that some of the wittncsses against you
are drunckardes and contributors to the suit against you, but many
are not soe, nor eoe, God forbid you should be denyed yremium
EccUsia upon your repentance and submission, but to receive you
againe in ordinem and into your place your Advocate did not shewe
that.

My sentence is that, as you are excommunicate by the Canon of
the Church soe I (quantum in me) doe declare you to be I agree
with your suspension for 7 yeares and deprivation from your living;
and that you enter into bond and security not to goe to live there ;
the security to be given to this Court and my Lorde's grace. I am
for your degradation: my reason is because of your many other
faultes besides these, and for discouragement to all such as you are :
imprisonment till you bring in your orders, and to make confession
at Paule's Crosse, howsoever at Stamford and to pay costes of suit
to the prosecutor, and, but not to lay too much upon you, I would
send you to Bridewell to beare Lane * company, and see whether
you can bring him to your opinion.

THE ARCHBISHOP OF CANTERBURY was but short in his sen-
tence but condemned Mr. Viccars as sharply as any and agreed to
the highest censure, &c.

See p. 194.

CASE OF SIMONY.

239

In the Court of High Commission, 17° Novembris, 1631. Annoqne 7° Carol! Regis.

George, Archbishop of Canterbury.

William, Bishop of London.

Thomas, Bishop of Coventry and Lichfield.

Theophilus, Bishop of St. Davids.

ffrancis, Bishop of Norwich.

John, Bishop of Rochester.

Sr Henry Martin, K* Doctor of Lawe.

Sr Charles Cesar, Kl Doctor of Lawe.

Sr John Lambe, K* Doctor of Lawe.

Sr Nathanael Brent, Ke Doctor of Lawe.

Before

Commis-
sioners.

It was moved by DR. EDEN in a cause of Simonie, that whereas Simonie.
that whereas the promoter had put in articles of Simonie into this
Court and the while had two actions at Lawe depending for the
same and the declaracons put in, that this court should hereby be
made an instrument for other Courtes, &c. therefore he prayed the
cause might be dismissed the Court. It was answered by the
Advocates on the other side that the promoter would relinquish his
suites at common lawe and would proceed to have it tryed onely in
this Court: It was ordered that upon very good bond that the
defendant should not be brought to the common lawe during this
suit for anything conteyned in the Articles and that a better
prosecutor were to be founde or sufficient bond to pay charges in
case it should goe against the promoter it was ordered to be inter-
tained heere.

240 HIGH COMMISSION CASES.

Mr. Ha.iloy, In a cause against one Mr Iladlcy of Ashcott in Somersetshire
A*boott°in being a cause ad audiendum voltntatem whether it should be re-
Sonenetahire. teyned or noe. Sr NATHANAEL BRENT declared the cause he being
(as he affirmed) the onely commissioner now present that was at the
Court of Informations, He shewed that divers bookes were pro-
duced by the Advocates on both sides in this cause, out of which
bookes it was agreed there were 3 wayes of dismissing of causes in
the Lawe Ecclesiastical 1, the first ob innoctntia partis, in which
case the cause was never after to be reteyned; the dismission of the
second nature was ob observation judicii, wherein the bookes also
agree that the cause is not after such dismission to be rcteyned.
And thirdly there was a dismission quia non probatum /nit : and
heerein the bookes doe differ some being that they doe reteync such
a cause and some that they doe not, that there was lawe and that
very good Lawe too on both sides, and that the practise at this day
in Italy is to reteyne such a cause, but in Spain they doc not.
And that of this last kinde this cause was, and declared it had been
referred to the late Bishop of Welles, Doctor Lake, who had re-
ported it was a cause fitt to be dismissed and then it was dismissed,
•jtiia non probatum /nit : Afterwardes the cause was againe brought
into this Court and commissions went downe into the country to
examine witnesses, but by a misnomer the commission fayled in
execution and thereupon the cause was againe dismissed quia non
probatum, and thus it rested now in the power of this Court to
reteyne it or dismisse the cause.

DOCTOR GWYN moved that he was a Minister and a Minister's
sonnc, and a chaplein to the late Bishop Lake and that he was a
man well-beloved among the .Canons of the Cathedrall church at
Welles, and shewed the mistake in the Commission was soe voluntary
on the promoters purte that it could not be but of purpose and
therefore the Court was rightly of minde that it was so donne
because he could not prove the articles, it being a mistake of noe
lesse then the countycs name where the Commission was to be

H ADLEY'S CASE. 24 1

executed: and prayed because there were two former dismissions of
this cause that it might be noe more reteyned.

Sr HENRY MARTIN was of opinion if the cause were of very
foule and heynous matters then it were to be reteyned, els not
but for the reverend Bishop's sake whose chapleyn he was for his
parte inclyned to reject the cause. THE BISHOP OP ROCHESTER
was of the same minde, and gave this reason, that if causes should
be thus reteyned men should not knowe when they had an end of
their causes. THE BISHOP OF ST. DAVIDES was inclyned to dis-
misse the cause and would not have it the scandall of this Court to
holde suit upon suit soe that men may have noe end, though it be
spoken of other courtes. And the rest of the Commissioners were
of opinion this cause was not to be reteyned.

It was alleaged that the prosecutor had a bill in the Exchequer Mr Stanton.
against Mr Stanton and others, and a quare impedit at common
lawe and yet he had preferred Articles heere and soe intended to
make the suit heere serve his purpose in those courtes therefore D*
Ducke moved the cause might not be received in this court: And
forasmuch as it was not knowen to the Court whether the Bill in
the Exchequer were put in and the declaration at common lawe
therefore it was referred to one of the Doctors of the High Commis-
sion to certify, &c.

A cause begunne against Anthony Hartford curate for Paul M 'Hartford.
Godwin, Doctor of Divinity, vicar of Bemister in Dorset shire.
DOCTOR EDEN shewed that this cause commeth into this Court by
reference from the Lordes of the Privy Councell to whome it was
committed by the king himselfe upon a petition to his Matie pre-

CAMD. SOC. 2 I

242 HIGH COMMISSION CASES.

ferred by the constable and others of Bemister for very foule and
high offences, and that hia Matlc gave order his licence should be
nullified. DR. EDEN therforc moved he might be suspended till the
cause were heard : THE ARCHBISHOP called for the petition to
hare it read once or twice, but they did not produce it : howbeit I
heard the petition was exhibited against Mr Hartford and one John
Crabbe charging Hartford of and for wordes and other thinges tend-
ing to sedition and Crabbe of other offences, the wordes were these
or such like spoken in Latine, that Juvenile Concilium est privatnm
cotnmodium, was a coat cutt fitt for the backe of the State : The
King being petitioned at Woodstocke referred the consideration
heereof to his Privy Councell who againc referred Hartford to be
tryed by the High Commission Court and Crabbe at the Assizes in
the country before the Justices of Assize.

DOCTOR DUCKE shewed that he was a poore curate in Bemister
under Doctor Godwin and that he had a certificate from Doctor
Godwin and from 20 Ministers more of the countrey whose names he
read. THE BISHOP or ROCHESTER desired much to see Doctor
Godwins name to his certificate. DOCTOR DUCKE shewed it was
a new way found out for people when their Ministers please them
not, to pickc up matters and petition the Lordes, and they send it
hither, and soe it commeth recommended to this Court with more
earnestnesse : and therfore desired Mr Hartford might not be sus-
pended upon a bare accusation.

THE BISHOP OP LONDON found fault with this latter end of his
Chancellor's speech and said the Lordes had donne well to referre it
to this Court: The Bishop shewed he was complayned to of this
man before this tyme and he sent for him and gave him advise,
though he were not of his diocesse yet he thought good to advise
him, and bidd him him goe home and gaine the love of his flocke
by his conformity : but that after this the next newes he heard of
this man was at his being present when this petition was delivered
his Ma* at Woodstocke, of such foule matter that his Ma"* thought
good to referre it to his Councell and they had thought good to deliver

MRS. SAMPSON'S CASE. 243

it over to this Court. But for the certificate (said THE BISHOP OF
LONDON) I doe not like it in this, what are we fallen out with our
anncient titles, Parsons, Vicars, &c. all preachers of the Word :
Doctor Ducke read them againe and it appeared it was but a mistake
and some of their titles were not read at the first reading of the cer-
tificate. THE BISHOP OF ROCHESTER shewed he was once Deane
of Salisbury and that this Bemister is a market towne and one of
the greatest congregations the Deane of Salisbury hath in his juris-
diction and that this Hartford had required a licence of him to
preach in his Deanery but he had denyed him : He then appealed
to the Audience and there of Sr Charles Cesar he gott this licence
which was to preach there during this appeale, now therefore let this
licence be suspended from it vertue and power for that it will be
dangerous for him to goe downe and make worke againe in the
countrey : And (said DOCTOR EDEN) what doe they certify? that he
is an honest man and a painefull preacher that is all. And THE
BISHOP OF LONDON affirmed that D. Godwin's certificate was not
heerein to be respected because this man serveth his cure for nothing
and he cannot get one at that rate elsewhere. Soe said the ARCH-
BISHOP we suspend the power of his licence valeat ut valere potest.
and he tooke his oath to answere the Articles.

M™ Sompson desired by her * Councell that she might have a Mr* Sompson.
seate in the church (which church was in the Diocesse of Winton)
till the cause were heard in this Court, she shewed that she was
placed in her seat by the Ordinary of the place, the Bishop of Win-
chester, but the church wardens clayming to have the power of
ordering the seates without the Ordinary locked the doore, put in

• Hia in MS.

244 HIGH COMMISSION CASES.

another and sett lowe buttons to keep her out : And it was alleaged
there was a disturbance heere about every tyme they mett at church
and that this cause against the churchwardens was not to be favoured
because they had denyed the jurisdiccion of the Ordinary: Yet this
was not granted as it was moved for feare of continuall disturbance:
The BISHOP or WINTON found fault with setting lockes upon pewe
•lores and affirmed it was unfitt to keepe out a stranger that com-
raeth to the church, if he be of good fashion he is not to stand in
the alley: and THE BISHOP OF LONDON found much fault, for
that almost in every place there were contentions about scales and
pewes and affirmed he thought there was better serving of God
when there was none at all.

Mr Geerioge. Articles were now putt in against one Geering Minister at Tcux-
bury, who was required to take his oath to answere and he did
fioe:

THE BISHOP OF CANTERBURY asked what the cause was against
him and what he was and it was answered by THE BISHOP OF
LONDON, that this was the man upon whose preaching one at
Teuxbury threwe himselfe into a well and drowned himself. THE
BISHOP OF LONDON reproved him also for wearing such a band
being soe curiously sett and too bigg.

Search for Attachments were granted against two or 3 Romish recusantes

r: , - for refusing to lett the messenger of the Court search for Romish

priestes and for shufflcing away their superstitious ornamentos and
hideing them from the pursuivant, and especially there was oath
made against one of them, I thinke it was Mr James Godwin of
Welles in Somerset shire, to this purpose that when the messenger
came to his house to search and had assistance of two verdercrs or

ATTACHMENTS AGAINST RECUSANTS.

245

tything-men, Mr Godwin himselfe, tooke the messenger by the
shoulder drewe his dagger and in furious manner bidd him shewe
his warrant which he read and gave it a little rent, and soe held the
messenger in talke till they were ready within and had shuffled
almost all aside, there stoode the altar a pott of water with a
sprinkler in a chamber which he thought was holy water but they
found noe priest : and heere or in an other place the Messenger had
taken away a priestes girdle and they sent to a justice of peace and
charged him with stealing a silke girdle.

There was an affidavit also made against the Parish clarke of the Marriages
Tower of London and others for rescuing the clarke from Tomlins
or Crosse the messenger, being sent for by the court for celebrating
of marriages in the church in the Tower without licence and with-
out any banes published. Therefore an Attachment against the
Clarke.

In the Court of High Commission, 24 Norembris, 1631. Annoqne 7° Carol! Regis.

George, Archbishop of Canterbury.

Willfii, Bishop of London.

Thomas, Bishop of Coventry and Lichfield.

Richard, Bishop of Winton.

Francis, Bishop of Norwich.

John, Bishop of Rochester.

Sr Henry Martin, Kl DT of Lawe.

Sr Charles Cesar, K< V of Lawe.

Sr John Lam be, Kl Dr of Lawe.

Sr Nathanael Brent, K* Dr of Lawe.

[Thomas] Goade, Doctor of Divinity.

[Hugh] Barker, Doctor of Lawe.

Before

* Commis-
sioners.

246 HIGH COMMISSION CASES.

A cause against Doctor Hooke, parson of Nettleham in Yorke
•ninst Doctor ,. ^, , , , . ,

i! k shire came to be heard this day.

The Articles against Doctor Hooke were 6 or 7: 1. For saying
he resigned his archdeaconry because he would be ridd of those
catcrpillers and cankcrwormcs the Ecclesiastical 1 officers. 2'* For
delivering his opinion at Yorke before the Justices of Assize that
he hclde it unlawfull for Priestes to exercise any temporall jurisdic-
tion. 3ly For making licences for marriages without publishing
any banes at his viccarage of Castor and that to persons dwelling in
other parishes and that he used a little seale, and that he married
some himselfe and tooke money of them for the licences, &c. 41'
He was accused of 6 or 7 scverall adulteries, he himselfe being a
married man. 5ly He was charged with the simonaicall resignation
and bestowing of his viccaridge of Castor upon a young man, a
minister, that was noe party to this suit. 61' He was articled
against for a contempt offered to this Court by wordes, &c.

1. The prosecutor proved the wordes spoaken against the Eccle-
siasticall officers: Dr Hooke denyed it and affirmed in his answere
he resigned his Archdeaconry willingly.

2. The promoter proved he affirmed in a sermon preached at the
Assizes at Yorke upon Romans 13. 1. That it was onely not fitting
but unlawfull and inconvenient that an ecclesiastical 1 person should
use any temporall jurisdiction. Another of the promoter's witnesses
proved that Dr Hooke then delivered wordes to this purpose that
he helde it not convenient that any ecclesiastical 1 person except he
were a Bishop should be a justice of peace, and a third witncsse
proved the same wordes, and that he affirmed for his reason that he
never read any auncient author that writeth otherwise and justifyed
his opinion further by this of our Saviour, who made me a judge
over you ?

3. It was proved that Dr Hooke being vicar of Castor gave
licences to some within his parish and some of other parishes to
marry without being 3 tymes asked and married some of them, and

HOOKE'S CASE. 247

some paid him 16* others 20* and some 10*. his licence was pro-
duced and read in this court : he used a small scale.

4. Touching the Adulteries charged on him, the promoter offered
proofe but for three of the 7. One was with one Brownes wife,
another with a mayd gotten with childe in his house, and the third
with one Judith Armestrong: none of these neither were proved
directly, but that he offered and gave money in marriage with her
that was with childe in his house to one Grey who married her,
and that he indcvored to marry her first of all to one Gunnis, his
curat, and the fame was proved strongly especially about Browne's
wife.

5. That he resigned the Vicaridge of Castor for money, vizt. 60/.
this the promoter proved by one witnesse, to be in this manner
Doctor Hooke made a lease of his vicaridge to a young Minister
who gave him 50/. in name of a fine, and a moneth after Dr Hooke
fell sicke and resigned and the Lessee got a psentation and had the
living. Dr Hookes answere was alleaged against him that was in
these wordes, that he saith that either he or his sonne had 501. &c.
But Dr. Hooke and his Councell alleaged the word ' either ' was
mistaken, and that it was the clarke's fault, it should have been
neither he or his sonne had 501 &c. this defence the Court not
easily believing put Dr Hooke to his oath whether he would there
deny it and justify that he answered ' neither'? and he did affirme
upon the oath he had taken, he did answere f neither,' and that he
had not the money nor his sonne.

6. That he had reported and openly averred that this Court had
donne him wrong, proved &c. Doctor Hookes defence in breviat.
1. That the prosecutor had given out he would charge him with
7 adulteryes and make him fly the country, that the promoter
maligned him, and caused the churchwardens to examine one against
Dr Hooke and gave the party 3§/2. That heertofore in the busines
of Browne's wife 2 were ordered to aske Dr Hooke forgivenesse for
raising that slander. 3. That none of the promoters witnesses are
of the parish of Nettleton but one, to prove that of Greys wife:

248 HIGH COMMISSION CASES.

4. He had noe conference with Greys wife when she was with childe
before her marriage in Noble's house, as was alleaged ; George Noble
testis promotori*. 5. That she was begotten with childe at Yorke
and yet none of the witnesses of Yorke or Nettleton. This was for
Judith Armstronge who married one Cockc, that William Cocke
gott his wife with childe before he married : 6. That all the wit-
nesses are poore people one not worth 5( his debtes payd, another
not worth 20* his debtes payd. 7. That George Penny was a single
witnesse about the simony. Another speakes of the report of a
simony. 8. That it is not layd in any of the Articles that Dr
Hooke preached there should be noe Ecclesiastical! government, but
that his opinion was that it is not fitt an ccclesiasticall person should
be a justice of peace nor Lord Keeper, nor Privy Councillor to his
MaUe.

1 >r Eden for DOCTOR EDEN divided the charge against Doctor Hooke into
Ppomoter- 6 partes, or 6 offences: 1. His exclayming against Ecclesiasticall
officers. 2. His preaching that Ecclesiasticall persons ought not to
have any temporall power. 3. His making lawlesse churches and
granting of licences. 41* His adulteryes. 5ly His simony. 6ly His
contempt of this court.

And be spake onely to the three last.

1. They prove the fame strongly and they give good reasons and
are of the next townes: The defence saith there is nothing proved
but the fame : let him answere that ; the defence saith that by order
of the court some asked him forgivenesse for raising this fame: this
may be for if a fault be committed others must not speake of it but
complayne, and besides there was new ground for the fame : But
they were not of Nettleton, you say; yet they had diverse occasions
there.

2l* For the simony. He confesseth it directly. That 601 or 50'
or some other summe was given to him or his sonne as is articulate.
He told Day it was for a fyne, but within a moneth he falleth sicke
and then resigneth his vicaridge, and he lett it for a smale rent :

HOOKE'S CASE. 249

His defence is that George Peirce is a singulare witnesse: but one
deposeth of the fame of it and he confesseth it himselfe, &c.

3'J For the contempt of this Court: That he hath been abused by
the Court. I see not but this should light as heavy upon him as
upon any other man, his Benefice is gonne, it is but to punish him
as simonaicall, his defence is but tergiversation in all, Ac.

For his abusing the Ecclesiasticall officers of the Court, calling
them caterpillars and cancarwormes this reacheth not onely to Apare- motor,
tors but higher, it reacheth to my Lordes the Bishops: and this
spoaken in such an open assembly before the judges and the whole
country : I conceive that his answere heerunto is defective and soe
your Lorpps may proceed against him pro confesso, yet in his answere
he saith he used divers sharpe wcrdes against them, and though the
witnesses be not contesf.es; but one saith, as he conceiveth, yet one of
them being a Bachelor of Divinity deserveth to be credited.

2'y For that opinion of his that those of the clergy should not
have temporall power: it is against Antiquity and the Kingcs Autho-
rity, &c. and urged divers Doctors of the church heertofore that
had great power : and drew an argument from a clergymans governe-
ing in his owne family, therefore in the commonwealth, &c. But
it will be quarrelled that this is not articled, but that he said it was
not fitt that an Ecclesiasticall person should be Lord Chancellor,
Lord Keeper, or of the Privy Councell. Yet though the prooffes
hitt not the wordes of the article, he is to be censured for the wordes
he did speake and some of the witnesses speake home to it.

3ly For his clandestine marriages and granting licences, for which
he tooke extreame prices: They will say this is a peculiar: why
had they not pleaded soe, but if it be soe; might he marry those of
other parishes, and might he not have taken bondes that ther was
consent of parents and noe precontract nor consanguinity, £c. ? I
hope therefore this man shall have noe more favor then another. •

Doctor Hooke is not a man that hath forsaken his country nor Dr GWYN for
hath forsaken his olde carriage in the University : He is con- theDefendant-
formable and of good conversation. It is his ill fortune to light

CAMD. 8OC. 2 K

250 HIGH COMMISSION CASES.

upon a cunninge and malicious informer who went to Yorkc and
examined witnesses when we* had noe motive. By these courses
what might not be donne against men? For the first, the Article it
selfe is of wordes concerninge the officers at Yorke not of this Court
nor any other, and that he shoulde speakc I know not what wordes,
of which not a word proved in particulare but in gencrall : for the
pro confesso, why he saith non credit este verum in aliqno, and this
is full, and besides he was questioned for that which is conteyned in
these articles before the Bishop, who gave him a good admonition
that might serve.

For his granting licences, he had authority from the Deane of
Lincolne, and therefore thought he might lawfully doc it, and did
not minister an oath, it is true ; yet if he knewe them, it is an offence,
but a very smale offence: But you aske wherfore he tooke soe much
money ? Why he both married and preached, and therefore tooke
the more.

For the 7 or 8 adulteries, you insist but upon 3. You rain
great mountaines of expectation, and at last you bring forth ridiculous
thinges, instead of proving an adultery you insist upon a fame for
Brownes wife. Fame helpeth proofe, but if it has noe ground it is but
vox populi vana: and againe they are fames of 10 or 11 yeares
agonne and soe pardoned.

For Grey's head,b heere is a fame and not a fact; it is said he
offered her to Gunnis in marriage, and that he married her after-
wardcs to Grey, and therefore he is the father of the childe say they.
Answere, it is not deposed by Gunnis who this woman was which IX
Hooke offered him, and if he did make such an offer it is but
indicium remotumt indicium propinquum is when they are seen
together in the same chamber, and yet this is not a concluding
proofe; and soe for giving money with her to Grey, for a man may
give money for his sonne or his brother, &c.

But for the fame against Doctor Hooke, some of the witnesses
say they heard it and sawe suspitions 10 or 11 yeares since and
others for 14 yeares since, 2 yeares before the childe borne, and
• the. b ?

HOOKB'S CASE. 251

yet they slight our defence, they dwell at Lincolne and not at
Nettleton.

I take that that folio weth ; I fynd this to be true that here is a D* DUCKK for
strange cause and a strange accusation, it hath been proclaymed in "
this court and at Yorke of 7 or 8 adulteries against Dr. Hooke; and
now at the hearing they dare not say a worde of 4 of them, for those
which they have endevoured to prove; Judith Armstrong was with
childe in his house and after married to one Cocke, and this pre-
sently was Dr Hooke's: And your witnesse Grey that speakes
extra interrogatione saith that Dr Hooke was the father of the childe
that Joane Bird went withall when he married her : but then he is
a beast to marry a woman with childe, knowing it, and soe not
worthy to be a witnesse against a Doctor; and then they have
brought two poore women to witnesse, their husbandes not worth
20d betweene them.

For the simony: I remember it was said, if he had any judge-
ment it was fully proved : we leave our judgements at home when
we come to speake for our clyentes: Your best reason is that it is
confessed : Your Article is that Dr Hooke should have 501 for his
vicaridge, and it is true the answere by a mistake is, that the summe
of 50l or 601 was received either by him or his sonne. " Was given
to either" is noe full answere, but the truth was he answered that the
now incumbent gave to neither, and the Doctor doth now avowe
upon his oath that it should be neither : a little letter can make noc
great proofe, it was taken by the youngest clarke and might be
easily mistaken: and then if the worde had been either then aliter
non credit had "been idle. Then for the proofe of this simony, one
saith that there was a deed and a bond sealed, but knoweth not for
what, they would inferre it was for his Benefice. Another that it
was reported that the next avoydance was to be bought and that
there was a lease to be bought, another, that such a one tolde him,
and this is all the proofe, and then they are a proofe of a fame say
they, but yet there is but one witnesse for that : Then it is sayd
against us that Doctor Hooke resigned ergo this is simony : it is

851

HIGH COMMISSION CASES.

. UCH BP

OP CJLKTEB-

I'.fUY.

DOCTOR
BABKER.

DOCTOR

true he did resigne because he had two livinges, is this now simony ?
Againe if [it] fall upon the Doctor for simony, then by consequence
also the young man must be declared simonaicall, and he is not called
heere to answcre. And for the contempt of the Court, it was true
he hath been too lavish in wordes which cannot be excused onely
extenuated, in that being a Doctor of Divinity he was something
hardly used to have an attachment goe against him without Letters
missive.

My Lordes and the rest I desire your judgements of this cause.

For the first I hold it unfitt to punish Doctor Hooke, for that the
wordes reached to them at Yorkc onely; but for the second offence
that Ecclesiastical persons ought to have noe temporall jurisdiction,
this was a malicious opinion, and reacheth not onely to Doctors and
others of the clergic but to your Lorpps, yet not to be punished
heere for want of sufficient proofe. 3. For the clandestine marriages,
he intended none, and it rcstes whether he had authority to make
licences. 4ly For the adulteries, they have leaft the fact and are
come to the fame : but fames before the yeare 1623 are not to be
punished, yet a fame may be brought ad probationem, it is pardoned
if it be brought ad pcenam: therefore the fame as it standes is abso-
lutely pardoned, and if it shall seeme fitt to some to require his
purgation, I thinke it enough that their owne witnesses say he is of
good conversation. 51* That which I stick at most is that of the
simony, it is proved that he first let a lease and then resigned, if he
let his lease with this intent then it is simony but if ex post facto
onely, then not soe: I am in doubt for this, and therefore shall
injoyne him his purgation 4* mann laicorum. 6ly For the last his
contempt of the Court he must submitt himsclfe, and pay costes of
the suit.

Though Doctor Hooke be said to be conformable to the Church
yet I think he is not obedient to the government, it appeareth by
his quarrelling with this laudable point of government, the jurisdiction
seculare committed by the King to priestes : and his preaching this
in the cares of those that are too ready to receive it, 1 thinke he

HOOKE'S CASE. 253

spake it out of plausibility, and not ignorance or corruption of jugge-
ment : if you preach for applause plausibly there is temporall punish-
ment to be inflicted on you heere, and for scandall against the court
there is another course : But you used a Scripture to prove your
opinion, how rightly every one sees " Who made me a judge," &c.
Our Saviour doeth not heerby deny the clergy authority temporall
if they are called thereunto by the higher powers. Ecclesiasticall
men are masters and fathers of families: and they are and must be
subject to Kinges when they shall command.

For the simony I cannot cleare him, and soe much the more I
condcmne him for making the holy Communion Table the recep-
tacle of his corruption; for upon it the money was p-iyd, but it is
said it was for the lease: I doubt his intention and therefore I would
have him make his purgation, septima manu of Bachelors of
Divinity, and I would have him make his purgation likewise for the
adulteries, unlesse the fames be pardoned as well as the adulteries :
and to pay charges of the suit.

For the scandalous wordes, if they were generall, then it was a Sr NA-
great fault; but these wordes were particularely spoaken against BBENT.
those at Yorke onely and they are not very well proved. 21* His
opinion that noe Ecclesiasticall person should exercise secular power,
if this had been well proved I should have sentenced him for it
especially : We have a title ; that clerici et monachi must not be
conversant in seculare matters, but this must be understoode sano
modo, that is that clergymen must not exercise husbandry or trades
but it doeth not exclude them from secular power, for the Pope
him selfe hath a great deale of temporall power and therfore this
lawe is not against temporall jurisdiction in the clergie. 3'y For
his clandestine marriages, I hold them fully proved ; an offence never
sufficiently to be condemned that a mans childe shall be stollen and
taken from him without his consent. 4ly The adulteries are but a
fame and since they were long agoe there hath been pardons to cut
them off, there is a fame which none knowe whence it is, this is not to
be regarded but this is a fame upon suspicions raised upon just

IT, i

HIGH COMMISSION CASES.

DOCTOR

1. \MT.1.

& CHARLES

a

9 nan
MARTI*.

groundes. 51* For the simony I am of opinion with my colleague
that he doeth partly confcasc it, and hath carried himselfe very
negligently in it in not defending himselfc, soe that it is very
suspicious. 6'* For the contempt of the Court it is fully proved,
but it was in hast: Therfore I thinke it fitt for the marriages that
he receive admonition from this Court, and soe for the contempt,
and for the simony to purge himselfe by 4 Bachelors of Divinity, and
to pay the expences of the suit.

For the fames there be divers opinions, men are divided, some
thinke them pardoned some thinke not, but not to determine that
question, it is to be considered what is now fitt to be donne upon
these : seeing the fames were soe long agonne, it is favourably to
be taken, and there is noe necde of purgation for these.

For the simony it is very suspicious, his confession cannot be
denyed, cither he or his sonne had 50' as is articulate. It is to be
doubted whether this bargaine or lease were simonaically intended,
and therefore it is fitt he purge himselfe with 4 ministers, and for
the contempt of the court it is not to be borne, for this he is to
have the censure of admonition, and to pay cases of suit to the
promoter.

Sir Charles Cesar shortly gave hia censure for his purgation for
his simony and payment of costos.

It hath been questioned whether the fame be pardoned : a pardon
is a pardon of all offences; but what is excepted is not pardoned :
all pardons since the 14 of Elizabeth have excepted adultery and
fornication: and fame is noe crime, their mouthcs are pardoned:
but however this is not pardoned as a proofe; proofes are arbitiable
as they shall move the minde, but with submission to the judge-
ment of those that are better learned I think it a strange speech to
talke of fame pardoning.

You say some thinges are out of the Articles: why the Articles
are to be generall and noe leading articles, and therefore you are not
to say, such a thing is extra articled.

HOOKE'S CASE. 255

You say againe there be but 3 adulteries stood on and 7 or 8
complayned of; why you have the like in the St&rre Chamber and
other courtes, quatenus as they are proved, &c. yet it were to be
wished that men would article noe more then they can see proofe
for.

What is plaine I will sentence him for, his contempt is manifest,
and his granting of licences is proved, he thinkes he had authority
and proves it not, I thinke it growes from pride in him, and for this
he is to be suspended 3 years.

For his speaking against ecclesiasticall men their having of tern-
porall authority; I am not sent hither to dispute it; goe tell the
King of it or the Lord Keeper that they may not appoint them ;
but the learned Archbishop Whit gift, Castus,* and Sutcliffe have
argued this point long since: and you must teach them this at the
Assizes, that in tyme they may come to this to take their warrantes
away and box them : Sir, this is sedition and your answere is that
you hould it not convenient. That which ever hath been professed
and practised heere you hould it not convenient: Heere is such
preaching every day ! but Sir, I hould you a strange man: but you
said it onely against the Archdeacon of York, what then, must this
be talked of in your sermon at the Assizes?

You that are advocates you speake of y our judgementes : you forgett
your selves, we are judges. Heere is a Lease of the Vicaridge made
for 3 yeares, and within a moneth it is his fortune to fall sicke and
then he resigneth. Would you had read the title De infirmis re-
signantibus and the lawes against resignation ! Well, this is a plaine
grosse tricke, I would not have you thus to teach folkes to commit
simony.

For the Adulteries which is said to be 3 of 6, why one is too
many. This I affirme when one is gotten with childe in my house,
and I after give 10! to marry her, this is my childe, I should hould
such an one guilty of adultery, and soe shall thinke him. Therfore
I thinke fitt he make his purgation for this and the simony, and pay
costes of suit

• Probably miswritten for some other name.

HIGH COMMISSION CASES.

The BP. OF

K • n m

The BP. OP
NOBWICH.

The Apostle in 1 Cor: 6, affirmcth that the saintcs shall judge
the world, and fyndeth fault with the Corinthians for going to lawe
under the infidells, and not to be ordered by the Saints, now some
of these were of the Ministry. Though you are said to be conformable
I thinke you have an hollow heart, for your simony, it is a teaching
simony. Did not you take the money for the lease? When you re-
signed, did you restore it him againe ? Did you cozen him of it?
But for the matter of adultery my heart cannot condemne him onely
this, you have shewn a great deal of ignorance in defence and your
adversary a great dealc of cunninge in accusinge; now because the
state of the Church is like the skinne which coveres the apple of the
eye and that I suspect you for your intention in making the lease,
I concurrc in my sentence with Sir John Lambe.

This man takes upon him to prove much out of a place of Scrip-
ture ; That our Saviour Christ icmaininge as a private man refused
to divide the inheritance, ergo noe layman must use authority over
others, tin? is absurde: and soe likewise it is to conclude from this
that ecclesiastical men ought not to exercise the power that is com*
mitted to them by the supreme Magistrate.

For the Pope's authority and jurisdiction temporall and that
which their clergymen have, they take it by vertue of the Kcyes;
but this authority is derived from the King, it is not contrary to the
lawe of nature nor the lawe of God, and hath been used 4000 yeares
without question, in the Leviticall lawe it was never denycd, and
since Christ, S* Austin was one that had power where he lived, and
S1 Cirell of Alexandria, a man famous in the Greckc church, had
great power: and if there be not mentioned some ecclesiasticall
men among the officers of King Davides house my memory fayleth
me, I rcferre my selfe to that place : Therfore Doctor Hooke as
it seemcth to me reasoneth like a dotterell, he defameth officers and
eeekcth to inverte the Kingcs authority. For the simony it is very
crafty and very suspicious, and for the adulteryes I cannot absolve
him, for men of his coate should not onely carcre crimine sed
stupitione criminu. And for the contempt of the court it is too

HOOKE'S CASE. 257

plaine, therefore I goe a middling way, and would have him purge
himselfe; and agree in censure with Doctor Goade.

I have knowen this man a longe while and am sory to hear such The BISHOP
thinges of him ; but we are to be very carefull of sentences upon °fEL^H
ecclesiasticall persons : it is knowen what machinations the pro-
fanum vulgut have. Multa nocent, &c. to speake of some offences
were to doe hurt : but my minde gives me he hath lived nee caute,
nee caste; it seemeth by the proofes that being suspected yet he was
not carefull to avoid it. For his scandalizing the officers eccle-
siasticall, it is not soe well alleaged nor proved but yet his opinion
is confessed he thinketh it not convenient, &c. He might very well
have forfeited his Doctorship by it. We have a great many testi-
monies almost from the primitive tymes of Ecclesiasticall persons
bearing authority temporall: onnis anima is subject to those that
are in supreme authority and the higher powers. To argue this
were not to confirme but weaken it, the subject hath been soe well
handled by others, and generally practised : if you had applyed this
to Papistes you had donne well, but it showes your ignorance^in not
discerning the difference, seeing we have our power from the King.
For our Saviours speech, if you take it literally, "Who made me a
judge," He was not a temporall Magistrate, "Who made me a judge
that am a spiritual governor," for his governement was spiritual. But
in as much as Doctor Hooke hath ray led against justice, it makes
his offence the greater. I agree therfore that he make his purgation
for the simony and aJsoe for the adultery, and receive the censure of
admonition and pay costes of suit.

I remember when this Doctor Hooke was a chaplaine in ordinary The BP. OF
to the King my master of famous memory that is with God. But
the King discarded him: for his offence 1. In that he said he leaft
the place of Archdeacon of Yorke to ridde himselfe of those cater-
pillers. 2'y For preaching that noe ecclesiasticall men ought to
have temporall power, these strike at the whole ecclesiasticall
governement: For the second 1 thinke it was spoaken ad faciendum
populum, and it is an assertion fitt for an Anabaptist: Doctor Hooke

CAMD. SOC. 2 L

258 HIGH COMMISSION CASES.

knowcs that till the priesthood was established in Moses* tyme, the
cheife of every tribe and house were princes and priestes, and that
afterwardes priestes were judges in temporall thinges. And we
knowe that in the Christian worlde there have been much fruit ot
their labours being in temporall authority.

For his licences of marriages though he hod authority from the
Deane of Lincolnc, yet he hath exceeded his authority in marrying
some of other places out of his parish and not dwelling in the place
where he had that power.

For the fames, all thinges belonging to ecclcsiasticall jurisdiction
are pardoned by coronation pardons.

For the simony, the making of the lease doeth not excuse it, but
maketh it greater : and for the contempt of the Court, for these I
shall sentence him and for the other, first for his speech of cater-
pillers and his preaching that there should be noe temporall authority
used by ecclesiasticall men, to make his recognition; for his making
licences, suspended, for the simony to be purged 7* Manu. and to
pay costes &c.

The BISHOP, I thinke that for the first wordes against the ecclesiastical officers
at Yorke, they are not so well proved, but for the second it is with*
out all manner of defence: I am sory that he is so absurde to
preach such thinges at Assizes, that it is not convenient that Eccle-
siasticall men should exercise temporall power especially secinge we
have it from the King, but I pitch upon the constitution of God
himselfe: The constitution of God that the high priest should be
judge and soe Eli was judge and judged Israel. For the clandestine
marriages I am pcrswadcd he did it by his archiaconall power, but
yet it is very dangerous, and he hath exceeded his power in marry-
ing some that were not of his peculiare. As for the fames I am of
opinion that the coronation pardon doeth reach them : but for the
simony, I holde it a way to teach and shew men to commit simony
by making of leases, and I thinke it soe much the rather to be
punished in him for making the Communion Table a place of

HOOKE'S CASE. 259

changeing of money, I would have him therefore for this suspicion
to make his purgation 7* Manu: and to pay costes.

I give my sentence against this man for his making of lawlesse The ABCHBP.
churches to be suspended three yeares: for his saying against the
officers that they are caterpillers I let that passe : for his simony I
vehemently suspect him, and therfore to purge himselfe 1* manu:
for the matters of adultery it seemeth to me a wondrous thing that
a man of his yeares should soe carry himselfe to be subject to
suspition : these may be pardoned and I doe not fynd any nearc
actum propinquum, and therfore I thinke him not guilty of these
obliquities. Not to meddle with his wordes against the ecclesiasticall
officers : but for the other thing that noe clergie man may be so
much as a Justice of Peace, this is fantasticall ; and makes such a
breach in the Church that he cannot easily make satisffaction : I
mention not the high priest : there were of the Sanhedryn them
of as great power as any with us : but our Saviour was indeed a
spirituall governor: St. Paul hath this: u Is there not a wise man
among you that may end these controversies ?" soe we may say to
you " Is there not a wise man among the clergie ?" Kinges and
Queenes are nurceing Fathers and nurceing Mothers, and they
shewe it nothing more then in provideing for governement by such
among others. St. Austin a great Clarke and St. Ambrose and
others had great power in temporall thinges : The Turkes, the
Venetians a and Pagans are very willing that their preistes should
have rule and governement among them ; and if it be thus amongst
the heathen, it were a shame for Christians to be more unthankfull
to their spiritual fathers : Againe this man is a master of a family
and his guide to the manners of his children and servantes if he
have any: These thinges are soe grosse that I shall give my
sentence with any that gives the highest.

Well, Sir, I must admonish you for your contempt, doe not carry
yoursclfe soe desperately ; if you can preach well, preach well, and
pray well too, for this is the fault of many now adayes : you are to
pay the charges of the suit, and to be committed.

* ? Phoenicians.

260 HIGH COMMISSION CASKS.

A Cause against Thomas Welles, Vicar of Tarlinge.

An intimation was sent from this Court to be published in the
parish church of Tarltng that Mr Welles should appeare heerc this
day upon pain of being deprived : An oath was made that it was
soe published, and the intimation was likewise read to the Court,
reciting that William Bishop of London had heertofore convented
him and given him thereupon a canonicall admonition and tyme
for halfe a yeare to consider whether he would subscribe, and that
after wardcs the said Thomas Welles was not satisfied, and being put
to it whether he would subscribe he refused, that therupon he was
excommunicate and after wardes was ecited to appeare in the Con-
sistory at Paules, and he came not and that thcrfore the Bishop of
London was forced to complaine to this Court, and the Court sent
this intimation, &c. which beeing heere read and testified upon
cath to be published as was required, and the said Mr Welles not
appearing, the Kinges Advocate desired that for this contumacy he
might be deprived, &c. Which by the unanimous consent and
sentence of the Court was donne : And a sentence ready drawen
was then read to that purpose, in dei nomine, &c.

CASE OF AN OFFICIAL AT BRISTOL.

261

In the Conrt of High Commission, 26 January, 1631. Anno 7° Carol! Regis.

Before <

George, Archbishop of Canterbury.
William, Bishop of London.
Richard, Bishop of Winton'.
Francis, Bishop of Norwich.
Theophilus, Bishop of St. David's.
John, Bishop of Rochester.
Sr Henry Martin, K', Doctor of Lawe.
Sr Charles Cesar, K', Doctor of Lawe.
Sr John Lambe, Kl, Doctor of Lawe.
Sr Nathanael Brent, K>, Doctor of Lawe.

\ Harl. MSS.

4130, fol. 89.

Commis-
sioners.

The BISHOP of BRISTOL recommended a cause to the Court OneofBristall.
against one of that City being an Officer there who bringes the
Maior to the Cathedrall Church, and then goes out for the feare of
superstition. The defendant required by his Advocate that there
might be a sufficient prosecutor against whome to have costes if he
were not found a delinquent: and it was granted.

The Court had committed Mr James Godwin of Welles a gentle- JamesGodwin.
man of the Temple upon a contempt for resisting the messenger
and the officers of Welles in search for a Seminary Priest in his
house whereof oath was made the last terme and at a meeting of
this Court at a day after the terme Mr Godwin was committed to
New Prison. This day Mr Godwin came to offer his defence to
the Court by Doctor Eden his Advocate, and alleaged that the
oath which the pursuivant had made was untrue, and in conclusion
Mr Baker the Recorder of Welles was brought in to speake for
Mr Godwin ; who testifyed that Mr Godwin upon the search came

262 HIGH COMMISSION CASES.

unto him being a Justice of Peace in that city and desired him to
examine some witnesses, vizt. the 2 verderers about the said Mr
Godwin's carriage in the said search ; that he refused soe to doe,
answering he would not meddle to examine any witness for causes
in this Court and wished Mr Godwin to repaire to the Lord Bishop
of Welles who was one of the Judges of this Court: That Mr
Godwin thcrfore desired him to heare what the two officers would
voluntarily say of his demeanour in this matter, which he did, and
that they related the whole procecdinges to him, and tould him that
Mr Godwin did willingly and redily admitt them into his house;
offered noe violence either to the Messenger or the warrant ; did not
drawe his dagger &c. contradicting the messenger's oath : That
he had knowen Mr Godwin a Icnge while, that it is true there had
been some question made against some of his friendes who were
suspected ; but for this gentleman he never knew him but a very
sober and well governed man, and conformable, and that he was a
student of the Inner Temple, and Mr Doctor Micklethwayt could
heere testify his conformity.

The Messenger offered to produce a witnesse to justify his affi-
davit, and that Mr Godwin was 3 yeare at Doway, and there was
acquainted with a Seminary Priest who is now in England, lately
come over and thought to be at this Mr Godwin's house, whereupon
this search was made, &c. Heerupon the Court referred the matter
to the next Court, when Mr Godwin was to bring a certificate from
Doctor Micklethwayt.

ELIZABETH HOLLAND'S CASE. 263

Elizabeth Holland a woman of ill reporte and her husband were Holland,
called upon an intimation of 1001 but they did not appeare, therfore
another intimation of 2001, &c.

It was moved by Dr GWYN for Dr Hooke a that he might have a Docton Hooke.
copy of the sentence drawen up against him : the Registrar answered
he might have had it if he would have asked and payd for it, and
Dr Hooke confessed he did not aske a copy: Dr Gwyn further
moved that he did not love to make motions against the Registrars
but of necessity now he must, that he had drawen the sentence as
if their LOPP* had adjudged him to make his purgation for the fame
as well as for the simony, which was not soe. SIR HENRY MARTIN
was very angry with Dr Gwyn for some passages in this motion
and threatened to have him suspended from practise in this Court,
and the Court seemed in to inclyne that the Registrar had taken
the sentence right, and founde much fault with Dr Hooke for not
bringing his compurgators. Dr DUCKE with all submission shewed
that they conceived the purgation was to be made onely for the
simony, and it was desired he might have day till next terme to
make his purgation which was granted and the day fixed, the second
sitting of next terme : SIR HENRY MARTIN made complaynt to
the Court of a scandalous upbrayding and unmannerly letter sent
by Dr Hooke to him and had under written his name, Henry
Hooke. You should (said Sr HENRY MARTIN) have sayd, your
better, your superior, your comptroller Harry Hooke ! The letter
was not read. But THE BISHOP OF LONDON reproved Dr Hooke
for the letter as too sawcy, &c. Dr HOOKE answered he wrote it to
make good his promise to give satisffaetion to Sir Henry Martin why
he gave 101 in marriage with Joane Bird to Grey, &c. ; it seemed
by the Bishop of London's wordes that Dr Hooke had in that letter

• See p. 269.

HIGH COMMISSION* CASES.

given this reason for giving that 10l, because his sonne was accused
for the father of the childe either by the said woman or otherwise
suspected: for thus spake THE BISHOP OP LONDON: Dr Hooke,
you now goc about to putt off this upon your sonne, as that to kepe
him from the shame of his sinne you did it; but for my parte I
thinke none will as yet till your purgation think soe, but rather that
yourselfe are guilty and seeke to lay it upon your sonne, seeing you
have no other shifte, &c.

Mr Welles. There was some occasion of speech concerning Mr Welles,* and

THE BP. OF LONDON affirmed that he went away to Amsterdam to
choose for one offered to settle upon his children 1001 a yeare land
by bond if he would not subscribe &c.

In the High Commission. 9* Februarij, 1631. Anno Regis Caroli Septimo.

George, Archbishop of Canterbury.
Edward, Earle of Dorset.
Willin, Bp. of London.
Ricard, Bp. of Wmton".
Sir Dudley Digges, Knight.
Before ( Sr Henry Martin, K', Doctor of Lawe.
Sr Charles Cesar, K'f Doctor of Lawe.
Sr John Lambe, Kl, Dr of Lawe.
Sr Nathaniel Brent, Kl, Dr of Lawe.
[Hugh] Barker, Esq", D' of Lawe.
Ayloffe, EsqM, Dr of Lawe.

Commis-
sioners.

>..• |

SIR R. GRENVILE V. LADY GRENVILE. 265

Betweene Sr Richard Grcenfeild and his lady.*

It appeared to the Court that the lady, who was the widdow of
Sr Charles Howard, brought to Sr Richard Greenfeild 7001 land per
annum, and a personall estate to 10001. That she being a vertuous
and a chaste lady, he called her whore often tymes, and before
diverse justices of peace called her whore. That he gave directions
to one of hij servantes to burne horse-haire, wooll, feathers, and
paringes of horse-hoofes, and to cause the smoke to goe into the
ladyes chamber through an hole made in the plaisterring out of the
kitchin : that he brake up her chamber doore and came into her
chamber at night with a sword drawen: that for the key of his
closett which she had taken away and denyed to give him, he tooke
holde of her petty coate and tore it, and threw her on the ground,
being with childe, and as one witnesse deposed made her eye
blacke and blewe. That the lady being with childe, he did threaten
her she should not have her owiie midwife, but one of his owne
provideing. That he confined her to a corner of the house. That
he excluded her from governing the house and affaires within dore,
and one Mni Katheryn Abbott, Sr Richardes kinswoman, ordered
and ruled all thinges, &c. That he being drawen by the Justices
of Peace to allowe her 40* a weeke he refused after a while to
pay it unlesse she would make an aquittance. That she feareth her
life and dareth not cohabite with him, and was forced to require
the peace of him. That he protesteth he would never lye with her
againe, &c. and that Sir Richard's witnesses, someof them, are subject
to exception, being servantes, and some of ill reporte, and others
poore and indebted, &c.

On the other side it appeared that Sir Richard did endevor to
make his defence thus. That they lived quietly together by the
space of two ycares and till they came to this Court. That her
land is but 6001 a yeare, and had payd debtes which she owed, and

• See Clarendon, riii. 135
CAMD. 8OC. 2 M

266 HIGH COMMISSION CASES.

layd out in building 10001 and more. That she conveyed her
estate away to friendes trusted 2 or 3 dayea before the marriage, to
debarre him from meddling therewith. That she removed her
bcdd and lead his bedd first, and hath often refused to come to lye
with him. That she hath often carryed herselfe frowardly both in
wordes and dcedcs, and sunge unseemly songcs to his face to pro-
voke him, and bid him goe to such a woman and such a woman,
and sometymes called him poore rogue and pretty fellow, and said
he was not worth 10 groates when she married him, that she
would make him crcepe to her, and that she had good friendes in
London would bearc her out in it. That she swore the peace
against him without cause, and then asked him " Art thou not a pretty
fellow to be bound to the good behavior ? '* That she sayd he was
an ugly fellow, and when he was once gonne from home she said
the Devill and sixpence goe with him, and soe he shall lacke neither
money nor company. That she voluntarily refused to have ser-
vantes to goe with her abroad. That she said such a one was an
honester man than her husband and loved Cuttofer' better then him.
That he was content she should have what midwife she would, and
eoe she had. That there were holes made in the kitchin wall by
the lady or her daughter, that he gave direction that they should
be stopped up that she might not harken what the servantes said
in the kitchen. That she had 10 roumes, and had whatsoever in
the house shee would desire. That she locked him into his closett
and tookc away the key; and it is true he endevored to take away
the key from her and hurt his thumb and rent her pocket That
he earnestly desired to dwell with her, &c.

It was argued by Dr REEVES that alimony may be granted unto
the lady in this case, and that the Court will allowc her to live
from him. That as in causa hertsif non decet este jyatientem, soe noe
Lady can indure her sclfc to be soe bcwhorcd ; that it was a Phara-
onicall thing to deny her her choice of a midwife. That the office
of a wife was domum dticere, and this was taken from her.

• f Christopher.

SIB R. GRENVILE V. LADY GRENVILE. 267

DOCTOR DUCKE for the Lady shewed that this cause consisteth
of two partes. 1. Whether there be cause that the Lady Green-
feild may live from her husband and is not to be compelled to live
with him? 2. What proportion of maintenance shall be allowed her
for Alimony? For the first he much pressed the ladies proofes,
and shewed the weaknesse of Sir Richardes defence. For the
second, that the civill la we and la we of all countries but this (in-
deed the lawe of England is an husbandes law) that the woman's
estate is still her owne after marriage, and the husband hath but
the proffittes: that after death or separation it commeth to her
againe, and therfbre the equity of the civil lawe may be observed ;
that if he be the cause of the breach she is to have her whole
estate or the greatest part of it. A THIRD DOCTOR for the Lady
shewed, that an husband should be animus, pater, et caput uxoris,
but he made her a servant, and instead of author salutis he is
become insidiator mice : and shewed that if after adultery the wife
knowing herselfe guiltie departes, and the husband desire to have
his wife againe he shall, upon good caution to use her well, but
when there is hatred because of this in the husbandes heart, then she
is utterly to be removed, and endevoured to shewe his malice by
denying to pay the weekely 40% &c.

Dr GWYNE for Sr Richard first offered and prayed that Sir
Richard might upon good caution be admitted to have his wife
againe, and that if this might be accepted he was to put up his
pipes and say noe more : and afterwardes argued that if this lady
hath been an irrespective and imperious wife, and hath used such
reproachfull speeches as never any did that .sought alimony in this
court, then this place not to be a place of refuge for such a domi-
neering woman, and urged Sr Richardes proofes and defence, &c.
ANOTHER DOCTOR shewed that for calling his wife whore it
workcth not a separation, and shewed that if a woman be conscious
of adultery and thereupon depart and he sue her in causa spolia-
tionis she shall come home, but good caution to use her well, and
desired the calamity of this gentleman might be looked upon with

HI. .ii

CASKS.

The Sentence.

8p*rkesthe
Bookseller.

pitty, that there was a cloude hung over his hcadc indeed, but yet it
was hoped it may distill away in droppes of mercy. A THIUD
DOCTOR for Sir Richard shewed about the estate which the lady
brought that it is worth but 6001 a year, &c. that there is an heavier
fine upon him then to pay alimony, &c.

The Court was of opinion that there was such a breach made
that it was not like they would forgett it easily, and not fitt to
compell her to live with him, and thcrforc to have the one halfe of
her meanes being 7001 per annum that is 3501 per annum.

A cause promoted against Sparkes for printing the Psalms as if
printed at Cambridge and sent them to Oxford and Cambridge to
be sould and putting blasphemy in them, and printing them with a
scurvy letter in odium of the University; whereas it was ordered
before his Matte at the Councill Table that the University should
have the printing of the Bible with the psalraes.

Godwin.

Dr MICKLETHWAYT* certifyed that Mr James Godwin received
the Sacrament the last Sunday in Michaelmas Terme last at the
Temple Church : But the Officer of the Court caused another affi-
davit to be made to confirme his oath and soc there were two con-
testcs against him. Hecrupon the Court ordered him to pay 40* to
the Officers : which he was content to doe.

Holland. Elizabeth Holland b was called but appeared not, it was said she

was gonne away from her house against shrovetyde: and that the
tenant had petitioned the B. of Winchester that the house might
be garded for feare of pulling downe.

See p. 262.

See p. 263.

LANE'S CASE. 269

Richard Lane* was sent to Bridewell againe for falling into Lane,
speeches as badd as his former.

It was ordered that the cause against Mr Geeringb should be pre- Mr Geering.
sented by the Kinges Advocate because he was not satisfyed about
the lawfulnesse of some of the ceremonies.

He helde himsclfe not bounde to answere, this was held noe One answered
nnswere and therfore ordered to answere by such a day or be not fully-
declared pro confesso.

One Appletree was brought in to answere lor saying that the Appletree.
common Catechisme of the Church of England was against the
word of God and he tooke his oath.

Mr Hartford c last court desired to have his sureties bond for his Anthony
appearance out of Court, and it was ordered that upon good caution
he should appeare and be forthcomming from tyme to tyme he
might, it was now showed he had put in but his owne bond and
therfore the order was that both should be kept till he came.

Mr Fish, one of the Proctors, was suspended from his practise for Fish the
loosing the libell and putting offe the prosecution of a cause he had Proctor-
in hand against one for inconformity, for that it was informed he
had 201 for every terme he put it offe of the contrary party.

• See p. 194. b See p. 244. • See p. 241.

270 HIGH COMMISSION CASES.

[In the Court of High Commission, 21 Jnnii, 1632].

Kings Advocate against Henry Mudford, Henry Ferman, and
Francis Bridges.

That they hould manic false opinions and errours.

1. That to the believer all things are pure, and that David when
he committed adultery pleased God as well as when he danced
before the Arke. 2. That justifyed persons cannott displease God.
3. That the morall law doth not binde the conscience nor accuse
the believer. 4. That those that lived before Christ, and looked
for his comming and did believe it were actuallie justifyed. 5. That
beleivers are justified before they have faith actuallie.

DOCTOR REEVES saith, They have made noe defence, therefore
all is true, they hould all these opinions. Mudford, Ferman, and
Bridges said that all was not true, they doe not hould all those as
they are articled. DOCTOR EDEN for the defence saith that these
are plaine men ; they hould some of these, but not all ; they say they
are justifyed actually by faith, but that before faith they are loved
of God, and that whatsoever is wantinge in the beleivcr is supplyed
by Christ Jesus, Whatsoever the first Adam lost, Christ maketh
that good againe to every believer &c. [TiiEBiSHOP OF] LONDON:
They said these wordes, did they not ? was it not given forth in
writinge by them? There is sufficient testimonie; Mr. Samuel
Ward and others. What say you to that your opinion, that we are
justifyed and made the sonncs of God by the workc of Christ before
anie faith be in us to apply the merritts of Christ to ourselves ?
Answere by the three Defendants: That as Adam made all men
corrupt, soe Christ maketh the elect righteous and acceptable: and
you agree with us in baptismc. Infants are regenerate, therefore they
are justifyed, and that is by faith. There is grace though not scene.
[THE BISHOP OF] LONDON and [THE ARCHBISHOP OF] CAN-
TERBURY. This in baptismc is not an actuall but an habituall faith.

KING'S ADVOCATE V. MUDFORD AND OTHERS. 271

What say you to this? That a belcivcr cannot grieve God's spirit.
Answere by THE THREE MEN : We doe not believe that a believer
cannott greive God's spirit, but yet they say that God's love was
not the lesce to David for his sinnes of adultery and murther ; for God's
love is unchangeable. [TuE ARCHBISHOP OF] CANTERBURY:
Let these men lie by the heeles. [THE BISHOP OF] LONDON. Let
them be sent to 3 other prisons, and not to the new prison. And
let Mr Prinne be articled against for the same; we must not sitt
heere to punish poore snakes, and lett him goe scotfree. THE 3
MEN. We desire that some bodie may conferre with us, that we
may be informed if we be in errour. THE ARCHBISHOP OF CAN-
TERBURY. The country complayneth, and the Commissary com-
playneth, you pervert the word of God.

In the Court of High Commission, 19 Aprilis, 1632.

The Kings Advocate against Joseph Harrison, Clarke, Vicar of

Sustorke.

He was accused that he being a Minister and entred into holy Articles,
orders, was a common frequenter of alehouses, and a companie-
keeper with beggars, tinckers, bedlam men, and all sorts of people.
2. He hath bin often soe distempered with drinke that he could not
reade divine service, but faltered and fumbled with his tongue, and
once could not read, *' The peace of God." 3. That he is a common
swearer. 4. That he burnt an excommunication under scale which
was sent him. 5. That he christened manie bastard children
privatelie. 6. He married one being his MaUe* ward without
licence. 7. He was admonished by the Bishop of Coventry and

272 HIGH COMMISSION CASES.

Lichfeild* to beare himselfe more discreetly but since he hath
married divers without banes or licence under trees. 8. After he
had married some clandestine! ie he gave them ccrtificats sometimes
in his owne name, sometimes in a false name, and sometimes setting
other ministers names. 9. That there was a common report in
such yeares viz. 5 or 6 yea res together that he was a common
frequenter of tavernes and alehouses, and a common maker of clan-
destine marriages. 10. And that he spake manic opprobrious words
against the Bishop of Litchfeild and his Chaunccllor. 11. That he
was a professor of the Art Magick and in particuler, charmeing of
piggs. All these, saving the last, were well proved, but that was
not believed to be in him.

Harrison being put to his defence made none, onely tendred •
certificate which being after publi cation in the cause, was rejected
and not read, and it was said in his behalfe, he had a wife and 11
or 12 children.

King's It was shewed by the King's Advocate that he was incorrigible in

Advocate. ,.,>.,

appealing from his Bishop ana doing worse after admonition, ana

that, as to his wife and children, as they are to fare the better for
the good quallityes of the husband, soe they must be content to fare
the worse for his bad qualities: And the Court proceeded to
sentence.

It was said by THE BISHOP OP ROCII ESTER that this was a bad
cause, that he never heard of the like : that he is a most odious
man; never to be restored, and men are to know by his punishment,
that he is not sentenced for not wearing the surplice, but for
drunkennes, profaning of marriages, and making men to live in per-
petuall adultery: That he is a tincker, a beggar, a drunkard, a
Bedlam: and it was said by THE BISHOP OF LONDON, that it was
now time to punish such a man as this, seing they have sent us
(saith he) this printed libell from Amsterdam, wherein they accuse
us for conniveing with such men (and he read the wordes, viz.)

• Bishop Morton.

FISH'S PETITION. 273

" Although he be the vilest wretch that lives under the sunne, yet
if he will weare surplice and crosse the child with thumb, he shalbe
countenanced by you much better then the best, if this prove not to
be too true, then let me have noe trust." Then saith HARRISON,
My Lord, this is contrary to that you promised me. Saith THE
BISHOP OF LONDON, the Tincker would mend it. To conclude, his
sentence was to be deprived, degraded, imprisoned, excommunicate,
fyned 500li and to pay costs of suit to the Promoter and to remaine
in prison till he brought in his orders. The Sentence was presently
read by THE ARCHBISHOP OF CANTERBURIE. In Dei nomine
Amen, &c. and Deum prce oculis preponentes, &c. at which words I
marked some of the Bishops to looke upwarde and put of their hatts
devoutlie.

The Petition of Fish the Proctor, Humblie sheweth that whereas pish the
he was suspended from his Office and practise for some supposed Proctor-
misdemeanor in the cause against Sr Gyles Allington and Michaell
Dalton, Esq.* and others, as if he should have delayed the same
cause, and especiallie because some of the wrytings were mislayed
and wanting that perteyned to the cause, he saith that if it were
the worst way which he tooke, yet it was an errour of his judgment
onlie, not of his will, and though it were the longer, yet it was as
he conceived the surer course, and showed the writings were now
found, and that the cause was alreadie sentenced; He prayed seeing
he had suffered shame and losse enough, that he might be now
restored to his place ; and it was graunted.

The King's Advocate b produced a draught of a confession to be M'Viccars.
tendred unto Mr Vicars, as I conceive, That whereas I John

• Allington was sentenced for marrying his niece, the daughter of Michael
Dalton and his wife, who was Allington's half sister.
b See p. 238.

CAMD. SOC. 2 N

274 HIGH COMMISSION CASES.

Viccan have beenc convcntcd before his Matie* Commissioners in
causes eccl[es]i[astic]all for these false and wicked opinions and
for divers other offences, &c. I confesse my self to be by proofe ot
witnesses and mine owne confession justly convicted of them, &c.
DOCTOR DUCK, Dr GWYNNE moved that noe such words might
be put into the confession, as might drive him upon perjurie,
havinge denyed them upon his oath for the most part. God forbid,
saith the BISHOP OF LONDON, leave out therefore that which
implyeth to be absolute-lie guiltie, and say that he was justly con-
victed, for there was testimonie enough to ground the sentence.

Some have said that Mr Viccars did petition and make his sub-
mission, and I heard one of the under servants of the Court say,
Mr Viccars recanted all, but I did not understand that Mr Viccars
did peticion or submitt as they have said ; and he himselfe as I have
heard credibly did deny that he ever peticioned in the cause,
which confirmeth me in my first opinion of the carriage of this
matter.

Feetbj Keepers of Conventicles would not pay their fees to be discharged

tn' after their answere, it was said, therefore they have not made
their answere, and they were committed for not answering, although
they had, but had not paied their fees.

BUgnre of Richard Blagrave being ymprisoned for having taken in his house
many new Bibles of the Geneva print with the notes, and among
divers others bookes these two libells come over from Amsterdam,
and he was accused to be one that had a stocke goeing in the trade.
He was brought to the Court and peticioned shewing that those
bookes were all Icaft at his house by one John Evans a Factor, and
sould him for an ould debt, and he dcnyeth that he hath any stocke
goinge in the trade, or that he sent for these bookes over, and
prayeth to be released. He is committed till he bring forth Evans.

PRETTY'S CASE. 275

The petition of Mrs. Pretty • in the behalf of her husband, that Pretty,
he was sorry for his opinions and would preach the contrary, and
being lately sick, he was especiallie sorrowfull for this; and there-
fore prayed he might be restored to the ministery: The Court was
inclinable to favour him, and did grant that, if some poore place
might be gotten for him, he should there exercise his ministerie;
they would trye him.

The petition of Joan Laneb that her husband might be released, Lane,
but it was said that he was of the same opinion and his wife was
the worse of the two, and the BISHOP produced the note of the
Church booke of their marriage to be 23 Feb. ult., and accused her
to be great with child. It is a timpanie, saith she. A timpany
with 2 heeles, quoth THE BISHOP OF LONDON: but her petition
was not graunted for the present.

In the Court of High Commission, 26 Aprilis, 1632.

Mr ENGLISH : The Minister of Hard wick promoted a suit against Sr Harbotle
divers of his Parishioners for christening of a catt, and they were gr Robert
heertofore sentenced. The Parishioners peticioned the King con-
cerning this and some other matters, which was referred to Sr
Harbotle Grimstone and Sr Robert Bowes, and they made certificate
inter alia that there was noe such thing as the parishioners were
sentenced for, that there was noe such misdemeanor committed.

• See p. 186. » See p. 194.

276 HIGH COMMISSION CASES.

The Court taking this in derogation of the sentence procured an
order from the Councell table, that Sr Harbotle Grimston and Sr
Robert Bowes should submitt themselves to the High Commission
Court: And this day they brought their peticion shewing that they
had medled beyond the King's reference and wronged the Court,
Ac. But Sr Harbotle Grimston seemed in words to defend what
they had done, and would give satisfaccion in private to the Bishop
of London, and a tyme was appointed by the Bishop for Sr Har-
botle to come unto him at London House.

Doctor Hooke Doctor Hooke * maketh faith that the certificate of the purgation

purgation* *° ^ ma<^e tn'8 day by nim waa rea(^ *n tne parish church of
Netleton 11 Martij ult. Then he produced his Compurgators by
name, John Shiboy, Doctor of Divinity, Francis Bradshaw, Thomas
Holt Dennis Squire, Mathew Miller, Thomas Clare, Batchelors of
Divinity. Doctor Hooke and the rest came in their cloakes, and
the said Holt in a carelesse ruffe and his haire somewhat long, for
which their comraing they were chidden and cspeciallie Mr Holt,
and they were rejected till they should come as Divines in their
gowncs, and they went and gott them gownes and scarfes, and
Mr Holt had another ruffe, and a black Batten night cap on and
they appeared againe ; and then the cause was opened by the
Doctors both on the one side and the other, the Promoter's Councell
shewed the accusations and the proofes against the Doctor: and his
Councell shewed his defence: which donne, Doctor Hooke tooke
his oath swearing that he was not guiltie of the crymes layd against
him, nor any of them: and the sayd Compurgators were first
demaunded severallie, whether they notwithstanding all that had
bin said, thought the Doctor to be cleare and innocent, and they

• Seep. 259.

HOOKE'S CASE. 277

all did answere severallie, Yes. Then they tooke their oathes
swearing that they thought in their consciences that Doctor Hooke
had taken a true oath.

Doctor Gibbons his eldest brother prosecutes him in this Court Doctor
for adulteryes, and clandestinelie marrying of himself to his now Gibbon8-
wife. The Doctor's Councell shewed that this is of malice, because
their father disinherited the elder, and placed it upon the Doctor,
and shewed that he was married to her long before, and desired it
might be referred to the Ordinarie. But it was reteyned heere,
because it is fitt the Doctor should be cleared in the most publique
place, and ordered that the promoters make their proofes speedelie,
viz. by the first Court day of the next Terme.

The said George Amy was accused by the Articles, that whereas Lord Lovelace
the Parish Church of Hurly is a consecrated place, and the people against George
were there congregated together 21 August last, and the said Lord
Lovelace was there, and heard divine service and sermon, that in
the said parish the Lord Lovelace had an house, and the said Amy
might have repaired thither. That the said Amy had heertofore Articles,
divers suits with my Lord Lovelace, and had served divers letters
and processe upon him, and had free accesse and good usage still:
That yet the said 21 August ult. the said Lord Lovelace being in
the Chauncell of the said Church before the Congregation was
departed, He did serve the Lord Lovelace with a subpcena ad
audiendum indicium in the face of the Church to his disgrace and
the disturbance of the minister, &c. notwithstanding that the Lord
Lovelace was in health and went abroad, and did not hide himselfe:
That afterwards he said, " If the " (said) " Lord Lovelace be angry
I care not for it : " And that the said Lord Lovelace told ihe Lord
Keeper of this affront donne him, who directed him to bring this
Buit.

278

HIGH COMMISSION CASES.

A - ">\ ' TV

:

i ' •..'•• r.

Duck for the
Defence.

B :.'•:.< «•

MR. AMT answered that he did not serve the processe to disgrace
the Lord Lovelace, nor did he difturbc the Minister or congrega-
tion, for they were readie to depart; after all the service donne,
and he thought he had not donne ill in it, &c.

DOCTOR EDEN shewed that this was a profanation of the place
and donne against the Ecclesiasticall law, that this is not the first
cause that have been here sentenced in this kinde; That some have
been sentenced for serving of processe upon some goinge to church,
and there is a Statute against chiding in the church, &c.

DOCTOR DUCK saicth that other Courts may take conusans of
this act if it be any offence, as my Lord Keeper in the Chauncery;
the Lord Marshall, and Constable for repaire of Honor and he taketh
it in law there is citatio realis and citatio verbalis, that this last, if it
be donne in the Church, is not censurable: thus saith Bartram
verbalis citatio poUst fieri in Ecclesia:

It was declared by the Court that this was a profanation of the
Church, that a vessell ought not to be carried through the church
(saith Sr HENRY MARTIN), and therefore a Subpoena is not to be
served in the Church : and whereas there might be an objection
that if it be a temporall processe, it is a profanation ; but if a
spiritual!, tis not; he observed that the ecclesiasticall processe doth
not enter within the Church, but is fixed upon the doore : Qucere
de hoc, for I have scene processe sett up in a Church. The Sentence
was that the said Amy should submitt himselfe to my Lord Love-
lace and aske him forgivenes, and pay costs of suit.

In the Court of High Commission, 3 MJUJ, 1632.

This day were brought to the Court out of prison divers persons
(and some of them appeared by bond) which were taken on Sunday
last at a Conventicle melt at the house of Barnett, a brewer's

CASE OF CONVENTICLES. 279

clarke, dwellinge in the precinct of Black Fryars: by name, John
Latroppe their minister, Humphrey Bernard, Henry Dod, Samuell
Eaton [William] Granger, Sara Jones, Sara Jacob, Pennina Howse,
Sara Barbon, Susan Wilson; and divers other there were which
appeared not this day. Mr Latropp the Minister did not appeare at
the first, but kept himself out of the way a while, therefore the man
of the howse wherein they were taken was first called: who was
asked when he was at his parish church ? He answered that he
was then at his parish church when they were in his house, and
that he useth to goe to church, but his wife will not. Then said
THE ARCHBISHOP OP YORK, "Will you suffer that in your wife?"
Then said THE KING'S ADVOCATE " These persons were assembled
on Sunday last at this man's house in Black Fryars and there un-
lawfullie held a Conventicle, for which there are Articles exhibited
in this Court against them ; I pray that they may be put to answere
uppon their oathes to the Articles, and that they sett forth what
exercises they used, and what were the words spoken by them."
" And as for you, Mr Dod," (quoth THE ADVOCATE) " you might
well have forborne, seing you have been warned heeretofore, and
passed by upon promise of amendment." " Good Mr Advocate,
spare that," saith DOD. He was asked whether he useth to come
to his parish church. He saith he hath come to his parish church
as often as he could and useth to come thither, but he endeavoureth
to heare the most power full ministry. u And therefore," said THE
BISHOP OF LONDON, " you heare Mr. Latroppe. What ordination
hath he?" " He is a minister," saith Mr DOD. " Did you not heare
him preach and pray?" saith the BISHOP. " Nay you yourself and
the rest take upon you to preach and to be Ministers." " Noe,"
saith Mr DOD. LONDON, " Yes, you doe, and you were heard
preach and pray." DOD, " I shalbe readie in this particular to con-
fesse my fault, if I am convinced to be in any." Then two of them
were put to their oath, but they desired to be excused for this tyme,
and that they might have some time to consider and be informed of
the oath.

-)s" HIGH COMMISSION CASES.

Then said THE ARCH-BISHOP OP CANTERBURY, " You shew
yourselves most unthankfull to God, to the King and to the Church
of England, that when (God be praysed) through his Matlet care
and ours you have preaching in every church, and men have liberty
to joyne in prayer and participation of the Sacraments and have
catcchizings and all to enlighten you, and which may serve you in
the way of salvation; you in an unthankfull manner cast off all this
yoake, and in private unlawfullie assemble yourselves togeather,
making rents and divisions in the Church. If anie thing be amisee,
let it be knowen, if any thing be not agreeable to the word of God,
we shalbe as rcadie to redresse it as you, but whereas it is nothing
but your owne imaginations, and you are unlearned men that seeke
to make up a religion of your owne heads ! I doubt noe persuasion
will serve the turne. We must take this course : you are called
heere : let them stand upon their bonds, and let us see what they
will answere, it may be they will answere what may please us."
LONDON. " It is tyme to take notice of these, nay this is not the
4th parte of them about this cittie, you see these came of sett pur-
pose they mett not by chance, they are desperatlie hereticall : they
are all of different places, out of Essex, S( Austin's, Sl Martin's Le
Grand, Buttolphs, Algate, Thisleworth, S1 Saviours : let these be
imprisoned. Let me make a motion; There be fower of the ablest
men of them, let these 4 answere and be proceeded against, and the
while if the rest come in, they shalbe received, but if they will not,
I know noe reason why 4 or 5 men should [not ] answere for all.

Francis Litton Because the rest were not come in they went to another matter

8»intTanrl° w^c^ waa agamst one Francis Litton (as I take it his name was).

Church. He was apprehended in Paule's for pissing against a pillar in the

Church. THE BISHOP OP LONDON shewed, that he had received

order from the Lords of the Counccll, that men and wocmen should

LITTON'S CASE. 281

not carry base things through the Church, and that there should
be noe walking nor talking in the Church in the tyme of Divine
service, and these orders among others are sett up on the dores.
This man was goinge through the Church to be married, and he
could not hould, but must needs ease himself in this inhumane
manner. Why did you doe this? LITTON fell downe upon his
knees and desired mercie, he knew not where he was, he is a
country man and never was at London before, and he knew it not
to be a church,* and is very sorry for his offence, and prayeth to be
released, but he is committed againe to prison.

Then came in Mr. Latropp, who is asked what authority he had Latroppe.b
to preach and keepe this Conventicle? and saith THE BISHOP OF
LONDON, " How manie woemen sate crosse legged upon the bedd,
whilest you sate on one side and preached and prayed most
devoutlie? LATROPPE, ll I keepe noe such evill companie, they
were not such woemen." LONDON: "Are you a Minister?"
ARCHBISHOP OF CANTERBURY, " Are you a Minister?" BISHOP
OF Sl DAVID'S, " Were not you Doctor King the Bishop of
London's Sizer in Oxford? I take it you were; and you shew
your thankfullnes by this." He answered that he was a Minister.
LONDON. " How and by whom qualified? Where are your orders?"
LATROPP. " I am a Minister of the gospell of Christ, and the Lord
hath qualified me." " Will you lay your hand on the booke, and
take your oath ? " saith the Court. He refuseth the oath.

• Does this mean that the crowd of chatterers was so great that he did not
recognise the place as a church, or is this simply an attempt to brare it ont ?
b See p. 280.
CAM I). 80C. 2 O

282 HIGH COMMISSION CASES.

Seatn In 8* The rest appeared not yet, and therefore they went to other
h «boTe businesses, and first THE BISHOP OF LONDON chidcth most vehe-

the Com- men t lie with the Chauncellor, for not causing those of S' Austin's
parish to appeare about their scales, made new above the Com-
munion table, that they might sitt above God Almighty, in his
owne house said THE ARCH-BISHOP OF YORK and THE BISHOP
OF LONDON. He saith that he sent for these men, and he hath
been scorned and abused by them, never anie Ordinary e more.
THE CHANCELLOR excuseth himselfe promising they shall appeare
the next Court day.

Wright, Vicar DOCTOR DUCKE for the Promoters against one Mr. Wright a
: x Vicar in Essex who is accused for adultcrie committed with his

maid servant in gettinge her with child, and in particuler for lying
with her in an Inne called the Falcon in Greenhith in Kent; that
whereas divers witnesses are examined and there will arise a doubt
upon the proofes, whether she were the woman and he the man that
lay there that night, he desireth for the Promoters that the women
may be produced, for they say it was another woman and another
man, and that other man being a Minister is supposed to be since
dead, therefore that these women may be confronted, and the
witnesses may see them, and the truth may appeare. DOCTOR
EDEN for Mr Wright saith that this is an unusuall thing, and not
to be graunted after publication. The Court doth not graunt
Doctr Duckes Motion, but it is deferred till the next Court day.

DOCTOR G WYNNE moveth against Doctr Gibbons, That he hath
answered, but that he doth not answere at all to the Articles of his
marriage, but saieth now tenetur de jure respondere : That is, saith
Doctr Duck, because he hath answered this alreadie before his
Ordinarie, He confesscth he was married clandestinely for which he
hath been convented, and hath answered, and beene punished by
his Ordinary. Saith DOCTOR G WYNNE he is accused for adultery

• See p. 277.

GIBBONS' CASE. 283

and getting 4 children on this woman ; we must knowe whether
she were his wife or noe, and when they were married. DOCTOR
DOCK. " Incontinency betweene a single man and a single woman,
call you this adultery ? " The Court directed the Articles to be
read : and in the Articles he is accused that he, the said Francis
Gibbon did keepe in his house at Shrewsbury in the yeares 1624
and 25 and soe to 1631, and that at those tymes he had carnall
knowledge of her 4. 2. or 3 tymes, or at least once: That 1629 she
was delivered of a child in secret, and it was kept from the know-
ledge and speech of people, and another child was heeretofore borne
of her bodie, while she lyved in the house, and the children are
provided for. That he keepeth a boy of 2 yeares ould or a yeare
and halfe at least, and paieth for the nurseing of him ! That they
were not christned nor publiquely entred, nor their names and their
parents sett downe in the Church booke of any parish. That the
said Elizabeth did then dwell and yet doth in the said Francis
Gibbon's house : That this boy was and is in truth' the said Francis*
base begotten, that this is true and notorious, and that another
woman child was borne of her bodie 1629, and another before that:
That he did not confesse she was his wife till 1631, and that if he
be married to her, yet he was not married till August 1631, saltern,
not before Aprill 1631; therfore let him declare how and before
whom he was married: And he was a suitor 1628 and 29. to Docto"
Rawlins his widdow in way of marriage. Therefore the Court saith
he must make this appeare that he is married and when, and ordered
that he make a better answere within 4 dayes.

THE BISHOP OF LONDON said he knew one that after he had
lived 18 yeares with a woman as his wife, he would have put her
away and gone from her, alleaginge they were not married, and
DOCTOR BARKER shewed another president of two that lived and
cohabited together, maineteyned and defended suits together, and
when all came to all they were not married.

284 HIGH COMMISSION CASES.

Doctor DOCTOR GWTNNE movcth for Doctor Hooke that he may be dia-

charged of his suspension, and the Court graunteth it if he doh
reforme himselfe as they hope he will: And he was admonished by
THE ARCH-BISHOP OF CANTERBURY not to converse with anie of
those women for which he was accused, but in companie and before
sufficient witnesses.

Samuel Eaton and two women and a maid appeared, who
were demaunded why they were assembled in that Conventicle
when others were at church? EATON. "We were not assembled
in contempt of the Magistrate." LONDON. " Noe, it was in con-
tempt of the church of England/' EATON. *' It was in conscience
to God, (May it please this Honoblc Court) and, we were kept from
Church, for we were confyned in the house together by those that
besett the house, els divers would have gone to Church and manie
came in after the sermons were done." LONDON. " These were
first discovered at Lambeth, and then at other places and now taken
heere, they have in their meetinge bookes printed against the
Church of England": ARCHBISHOP OF CANTERBURY. "Where
were you in the morninge before you came hither to this house ?"
" We were in our owne families." CANTERBURY. " What did
you?" "We read the Scriptures and catechized our families"
aaieth Eaton : " and maie it please this honourable Court to heare us
speake the truth, we will shew you what was donne, and, free us
of the contempt of authority, wee did nothing but what you will
allow us to doe." LONDON. " Who can free you? These are dan-
gerous men, they are a scattered companie sowen in all the citty,
and about S* Michaell of the Qucrae, S( Austins, Ould Jury, Red-
riffe, and other remoter places. Hould them the booke." EATON.

• See p. 264.

EATON'S CASE. 285

*' I dare not sweare, nor take this oath, though I will not refuse it,
I will consider of it?" Sr HENRY MARTIN. " Heare, heare, you
shall sweare but to answeare what you know, and as far as you are
bound by law. You shall have time to consider of it, and have it
read over and over till you can say it without booke if you will,
when you have first taken your oath that you will make a true
answere." EATON. " I dare not, I know not what I shall sweare
to." KING'S ADVOCATE. " It is to give a true answere to articles
put into the Court against you, or that shalbe put in touching this
conventicle of yours, and divers your hereticall tenents, and what
wordes, and exercises you used, and things of this nature." EATON.
" I dare not."

ARCHBISHOP OF CANTERBURY. "What say you, woman ?" Sara Jones.
S. JONES. " I dare not worship God in vaine," but saith THE
BISHOP OF LONDON, " will you not sweare and take an oath when
you are called to it by the Magistrate ? " S. JONES. '* Yes, I will
answere upon my oath to end a controversy before a lawful magis-
trate." EARLE OF DORSETT. " What, doest thou thinke woman
of these grave Fathers of the church, that these heere be not lawfull
Magistrates ? " [S. JONES.] " I would doe any thing that is accord-
ing to God's word." ARCHBISHOP OF YORKE. "Would you?
Then you must take your oath, now you are required by your
governours, you must sweare in truth, in judgement, in righteous-
nes." S. JONES. " Yes, and they that walke in righteousnes shall
have peace, but I dare not forsweare my selfe."

CANTERBURY. "Come, what say you?" PEN. "I dare not Pennina
aweare this oath till I am better informed of it, for which I desire maide?' *
tyme : " SIR HENRY MARTIN. u Must you not be readie to gitre
an answere of your faith ? " PEN. " Yes, I will give an answere
of my faith, if I be demaunded, but not willinglie forsweare my
selfe."

KINO'S ADVOCATE. " What, will you take your oath, good Sara Barbone.
woman?" S. BARBONE. " I dare not sweare, I doe not understand
it. I will tell the truth without swearing." ARCHBISHOP OP

286 HIGH COMMISSION CASES.

< ANTERBURY. "Take them away." Soe they were all committed
to the New prison, and it was appointed, that at the next Court,
being a fortnight after this, because of Ascention day, they should
be brought againe to the Consistorie at friules, because of trouble
and danger in bringinge soe manic prisoners as there were over the
water to Lambeth.

Goodcode Then the Court proceeded to the hearing of Mr Long's cause,

ag»in«t George wnerein the Promoter shewed that the Church of S* James Clerken

i. • _ . i-.-.j

and his Sonne Well, being very much out of rcpaire, and fallen downe, the said
George Long by his imperiousnes pcrvcrsncs and opposicion hindered

The Articles, the repairinge of it, and shewed in particuler that he threatned some
of the vestry men, to lay them by the heeles. 2. That the said
Georg Long tooke divers loades of lopps and topps of trees given
by his MaUe to repaire the said Church to his owne use, and carried
away two loggs of tymber provided for the Church to the building
of his owne house, without the consent of the parish. 3. That he
having received moneys for the poore did not make an account of
it: howbeit there is an account foysted into the booke under Mr
Long's hand, contrary to the custome of the parish. 4. That when
the Church was in buildinge, he tooke divers loades of lymc that
were bought and brought for the Churche's use, home to his house
and used the same, soc that the lyme-seller refused to make any
more provision in lymc, because he would not sell to Mr. Long at
the same price; to the hinderancc of the worke. 5. That divers
fairc stones were brought to the Church to build it, and he caused
60 foote of them to be carried home to his house, and to be used in
makeing of his windowes, and stepps in his garden, and gave noe
account, Ac. 6 That Mr. Goodcole being preaching, M* Long
scoffed at him, and the people Icaft their attention, and fell to
laughter. That he and Mr Tracy jogged their elbowea when he

GOODCOAL V. LONG AND OTHERS. 287

prayed for the Earle of Doreett, and laughed at divers passages in
his sermon, soc that he was faine to leave off his preaching for a
tyme, and used some godlie admonition, and Mr Tracy went out of
the Church : and that it was said by dy vers that it was because Mr
Long laughed at Mr Goodcole. 7. That he received money of the
collection for the Church ; and he was fordidden by Polle the
Churchwarden to intermedle with the money that was gathered by
vertue of the breife, but he did medle and divers refused to pay the
Church Warden, whereas Mr Long was noe Pattentee, but a private
Commissioner. 8. That 14 loades of rough stones were used about
pavinge Mr. Long's Court yard, which were bought and provided
for the Church, and noe account given of them by him ; and that
George Longe the yonger mett the carts and directed them home
to his fathers house, sayinge it was by his father's commaundement.
9. That some of the tymber of the church was used or caused to be
used about building Mr Long's stable, and raylinge his fishpond:
And the proofes were read to everye article severallie.

Then was read the defence : That there are in the said parish a The Defence,
certeine number of vestry men, by vertue of an instrument con-
firmed by the Ordinary and sealed, made ANNO 1623. that the same
and the bookes of account are kept in a chest under two locks and
keys whereof one churchwarden keepeth one, and the other keepes
the other, and noe goeing to the chest by one without the other,
nor anie account to be made but in publique : and that all matters
of the Church affaires are by the said Vestry Men ordered, and the
orders entred into a booke for that purpose. That the said account
was made duly, and entred in the booke of accounts for the poore's
money. All the Promoter's proofe was the suspicion of Lee one of
the Churchwardens, who upon his death bed said, he knew not
how the said account should be made, but that once he lent his key
to his fellow Churchwarden, who borrowed it under colour of
searching for a bond, to save the parish harmlesse of a bastard child,
and that he thought by reason of his fellowe's acquaintance with
Mr Long, that this account was then foisted in. Mr LONG saith,

288 HIGH COMMISSION CASES.

that the Church is now built fairer then it was; and one of his
witnesses said, that mr Long was a good benefactour. And Mr
ROBERT YATKS, the Vicar there saith that he believeth Mr Long is
one that will not wrong the Church, and that he procured a Sur-
veyor, and thinkcth the church, but for him, had layen longer
unrepaired. That he was the instrument to gett the brcifc for the
Church ; and that he was a chiefe mover in obteyning the graunt
of the trees of his Ma"*. That 20 trees were brought out of Bark-
shire to the Church, and there were two manic for that use, where-
fore there was an order made by the Vestry that such trees as were
to manie should be sould for the benefitt of the Church : That the
lopps and toppe were all worth but 46', and he agreed with the
Ranger of the Forrest for them, and that he had certeine of those
trees, and made a just account for them: and Mr Long repaied 10
loades of stone that were rugged stones, for soe manie borrowed,
and there were more then enough for the worke, and manie loades
yet lye unused in the Churchyarde: that the piece of timber which
he had to make his mantle-tree, it was new tymber and cloven, and
not fitt for the Churche's use, it was not worth above 3 or 4s, and
he paid soe much to one of the Churchwardens for it, by agreement.
For the money of the poore it was received by him 9 or 10 yeares
since, and he made a just account of it long agonne how he had in
particuler disbursed it; some for putting poore children apprentices,
and some for releife of the poore otherwise : that the money which
he received upon the collection by the breifes was by vertue of a
Commission of superintendency granted unto him by his Ma*" by
reason of abuses committed by two others that were formerlie im-
ployed in collecting the same : and that by his care and charge he
procured an increase of the colleccion and contribution both for the
church and the poore; and divers witnesses testifyed that he paid
back all those moneys by him received, upon their consciences: and
soe Mr LONG himselfe deposed on his oath in his answere. That
touchingc the disturbance divers persons of good fashion witnessed,
and the said Mr Tates that sat nearer Mr Long then the Promoter's

OOODCOAL V. LONG AND OTHERS. 289

witnesses said they did behould Mr Long, but saw noe unseemlie
behaviour in him, and that the children laughed and Mr Long re-
buked them. That the people tooke noe notice of the disturbance,
till Mr Goodcole himself gave occasion to them to stand at gaze.
That Mr Long is a very religious man, or thought soe in publiquc,
and the deponents never knew or heard anie thing to the contrarie,
but this; and whether he be guilty or noe, .of it, this deponent
knoweth not. Mr Goodcole complayned of this disturbance to my
Lord Cheife Justice, and Mr Long was warned to appeare before
him, but Mr Goodcole never came. That Mr Long gave 5h out of
his purse, and lent 100U freely towards the building of the said
church, and that he useth his best endeavours to benefitt the said
church and parish, and ever did since the deponent knew of his
said endeavours, which he hath taken notice of divers yeares. That
the tymber which was taken for Mr Long's use was old timber, and
he paied new and better for it, and it was taken by his servants
and workemen without his direccion.

Exceptions against the Promoter's Witnesses. Roger Wood-
bridge is the Promoter's Sollicitor. Pristed, one of the witnesses,
was committed to prison to Newgate 12 Oct. 1630, for abusing
Mr Long and his wife, and he hath likewise sollicited the cause.
Alexander Jones is a poore silly fellow, and lives on the almes
of the parish, and is a naturall fools. Polle is a victualler, and
Mr Long caused him to be committed for misdemeanours to
Newgate, and he hath borne him evill will ever since. That
divers of these witnesses sett their hands to a peticion to the
Parliament, wherein they accused Mr Long that he had used and
converted divers stones and tymber trees and other materialls pro-
vided for the building of the church aforesaid to his owne behoofe,
and built his own house therewith. That Mr Long brought his
accion at law for this scandall, and for saying that he tooke and
extorted undue fees to the disgrace of the honorable office of a
Justice of peace, and he recovered 2001' dam mages against some of

CAMD. 8OC. 2 P

290 HIGH COMMISSION CASES.

them. That they preferred their peticion to the King, wherein
they shewed that Mr Long had abused the King's Matie in takeing
some of the trees his Ma1*" gave to the church and other materialls
to his owne use, soe that his house was built, and the house of God
was unfinished, which was referred to Mr Justice Jones and Mr
Justice Doderidge 8 No: 1629, and the Judges rebuked Mr Good-
cole, and did nothing against Mr Long, but referred it to this
Court. One Robert, Mr Long's man heeretofore, now one of the
Promoter's witnesses, testifyed out of ill will, being gone from him
out of displeasure and for some faultes, and he promised he would
doe soe: — and one that was put out from being governor of the
house of correction for suspicion of a rape by Mr Long's mcanes, a
witnesse against him. Mr Long made good proofe of all this.
Advocate* for Delivered for law by the Advocates on the Promoter's part that

the Promoter, ... , , ~, . ,

KWTCS; Mr Long cannott take the stones of the Church and repay as good,

and that Mr. Long's sonne being noe child but a growen man is to
beare the fault (if he hath donne any) in obeying his father rather
than God : rather than the Law. That those witnesses arc some of
them Vestry men, and they are not for that cause onlie to be
rejected, for who can prove things done in vestryes or spoken there
but they, and besides they depose not in rem sitam, but in a pub-
lique cause. That Mr Long makes a gcnerall defence, that he hath
beene questioned in Parliament and recovered dammnges at law,
that he hath been petitioned against to the King; and the Judges,
to whom it was referred, did nothing. All this should have bin
shewed to have been before the Articles were admitted in this
Court: and for exceptions against the witnesses, pome are put out
of their places, some are ymprisoned, &c. : this should have been
shewed to have been before the matter stirred. If these things
shall take away testimonie, it is easie to make anie man an enemy.
That which is not atrox injuria to another, is to a Minister. That
person scandalizing being a Justice of peace, the offence is the
greater, and the scandall is by him that giveth the occasion, and
not in him that reproveth the offendor. That Mr Stacy that was

GOODCOAL T. LONG AND OTHERS. 291

particeps criminis, was not to be admitted for a witnes on Mr
Long's parte. That this is crimen publicum against the Statutes of
Queen Mary and Queen Elizabeth, and against the Canons. That
he might not use anie of the wood or materialls as the tymber or
lead of the church, it is not to be taken in Laicorum usum : there-
fore not to build a stable. Such things if not needed in this
church, if they were of the Church before, ought not to serve ad
hnmanos usus, much less ad profanos, Edes sacra T/ieoloyice, &c.
if a church fall downc, the materialls must not serve to common
uses, but rather be committed to the fire.

On the part of the defence: that all the witnesses almost joyned Advpcates for
in the peticions to the Parliam1, and to his Matie; but heere Mr Dnck:
Goodcole is the prosecutor, and they are the witnesses, and therefore
not to be taken, and that for the disturbances in churches, the
Statutes are, if any person shall by open act or acts, or by publique
words disturb, &c. Not a jogge or a smile, and nothing was scene
till Mr Goodcole spake. That divers others bought of the stones, as
a chandler and others, and this was noe sacriledge, but it is alleaged
for sacriledge in Mr Long. And it was shewed that the witnesses
were justly excepted against for complayning to the highest Court,
then to the King, and now to be witnesses heere in this cause.
This was a bould part in them and the prosecuter, and urged that 4
of the Defendants had nothing worthy of hearing, or thought fitt
by the Court of Informacions, to stand in the breifes against them.
That therefore they are to have their charges.

Soe the Court came to give their Sentence. Whereby all the Sentence.
Commissioners declared, that Mr Long had made a very punctuali
defence, and appeared to be very innocent. Therefore, and because
of the malice and animosity of the prosecutor against him, Mr Long
and all the other Defendants were dismissed : and Mr. Goodcole was
ordered to pay their costs of suit: THE EARLE OF DORSETT then
sitting in Court as a Commissioner, and gave his sentence, but
would have the payinge of costs spared, and advised Mr. Goodcole

'-'•-' Ml*. II COMMISSION CASES.

to submitt himsolfc to Mr Long, who yet refused soe to doe; soe
that the Earle and the Court seemed to be much displeased with
him.

In the Court of High Commission at the Consistory in Panics, 8 May, 1632.

ticler*. This day* all those that were taken in the Black Fryars were
brought by the Court under the custodie of the Keeper of the New
prison. The King's Advocate shewed that they were taken at a
private Conventicle and prayed that they may take their oathes to
answ«re the articles which are putt in against them.

SaraJooea. First. Sara Jones was asked, of what parish she was? She
said she dwelleth at Lambeth. LONDON. " Doe you come to
the church ?" S. JONES. " None accuseth me to the contrary."
LONDON. "Where were you upon Sunday was sennight?" S.
JONES. " When I have done evill and my accuser come, I will
answere." KING'S ADVOCATE. " I doe accuse you, take your oath
and you shall knowe your accusacion." S. JONES. " I am afraid
to take God's name in vaine, I knowe noe other worship then God
hath appointed." LONDON. " This you are commaunded to doe of
God who saieth you must obey your Superiors." S. JONES. " That
which is of God is according to God's word, and the Lord will not
hold him guiltlessc that taketh his name in vaine."

Sara Jacob. S. Jacob was called to the booke, but she refused alsoc. Then
Marke Lncar. wag ^fe^ Jtfarke Lucar: who was asked of what parish he was and
when he was at church? M. LUCAR. "I am yet to chuse of what
parish to be; and 1 doe not remember the day of the moneth when
I was at church." LONDON. " He doth not remember, I dare say,
the day of the moneth nor the moneth of the yearc when he was at

• See pp. 278, 282, 284.

CASE OF CONVENTICLES. 293

church, but he dwelleth in St. Austin's parish. Offer him the booke."
M. LUCAB. " If I may knowe a law and ground for takeing this
oath, I will take it, but I desire to know my articles before I take
my oath." ARCHBISHOP OF YOKKE " Whether doe you know or
noe that the King hath power to take an account of your proceed-
ings?" LONDON. " Att their perrills. Aske the next."

John Ireland was asked where and when he was at church. He John Ireland,
saith at Mary Maudlins Church in Surrey. And that he was at
morninge church within this halfe yeare ; but being asked the booke,
refused to sweaie. Then were called 4 others, Toby Talbot; William
Pickering; Mabell Milbourne; William Attwood; and were put to
their oathes. And first TALBOT saieth in his excuse, that he knoweth TobJ' Talixit.
not the articles what they <*re; and before he would take this oath
he would know his accuser. Sr HENRY MARTIN. " The law is,
that those that are taken in these Conventicles and remaine obstinate,
that they shallbe made to abjure the kingdome, and if they returne,
or obey not, it is felony: therefore, freinds, take heed to yourselves,
and know that you have more favour then yee deserve." PICKER- Willm.
ING. " I trust I have done nothing against the law, and for this
oath, I doe not know what belongs to it;" and he refuseth to take
it. ATTWOOD saith, he doth not know what the booke is. M. William
MILBOURNE being asked whether she would take her oath, she said MabdT
that she would not. Milborne.

LONDON spake to Dod, Latroppe, and the man of the house.
" Henry Dod, you are the obstinate and perverse ringleaders of these
folkes: you had a faire admonition the last Court day : and you
have this day assigned you to answere upon your oath " DOD. " I Henry Dod.
hope we are not soe impious: we stand for the truth: for takeing
the oath I crave your patience, I am not resolved upon it."
BREWER'S CLARKE.* " I was at the church, but for takeing the Barnet.
oath I desire to be resolved." LONDON. " Mr. Latroppe, hath the
Lord qualified you ? What authority; what orders have you? the

• See p. 278.

994

HIGH COMMISSION CASES.

^ • : i .-.:..

Samuel How.

Lord hath qualifycd you; Is that a sufficient answere? You must
John Lmtropp. give a better answere before you and I part." LATROPP. " I doe not
know that I have done any thing which might cause me justly to
be brought before the judgement mat of man: and for this oath I
doe not know the nature of it."

KINO'H ADVOCATE. " The manner of the oath is that you shall
answere to that you are accused of, for schisme." YORK and
LONDON. " If he will not take his oath, away with him." LA-
TROPP. •' I desire that other passage may be rcmembred; I dare
not take this oath." Wherefore the Court ordered that they
should be kept in straight custodie, esjxjciullie Latropp, for the
BISHOP OF LONDON said he had more to answere then he knew of.

SAMUELL EATON being demaunded whether he would take the
oath: he answered, " I doe not refuse it, though I doe not take it:
it is not out of obstinacic, but, as I shall answere it at the Last day,
I am not satisfyed whether I may take it."

" Samuell Howe!" saith the KINO'S ADVOCATE, "you are
required by your oath to answere to the articles." HOWE. *' I
have served the King both by sea and by land, and I had been at
sea if this restraint had not been made upon me. My conversacion,
I thank God, none can tax." REGISTER. " Will you take your
oath?" How. *' I am a yong man and doe not know what this
oath is." KING'S ADVOCATE. " The King desires your service
in obeying his lawes."

Then P. Howes was called, and required to take her oath, but
she refused. LONDON. " Will you tfust Mr Latropp, and belcive
him rather then the Church of England?" PENNINA. "I re-
ferre my self to the word of God, whether I maie take this oath or
noe." Then were called Joanc Feme and Elizabeth Denne: who
refused to swearc till they were informed, and one of them said she
could not read a letter in the bookc. The KING'S ADVOCATE
saith their oath was that they should answere trulie as furre as they
knew to the Articles. ELIZABETH SAROEANT saith she must not
rweare but when she is before a Magistrate. " Why now," saith

iVniiina

i! mm

.1 IM !'•

Kliutoth

i'. :.: |

! .-V,-':

-•.-.-. -::.i

CASE OF CONVENTICLES. 295

the BISHOP OP LONDON, " you are called before the Magistrate,

are you not? John Egge 1 Will you take your oath ?" He refuseth : John Egge.

u Henry Packer! Will you take your oath to answear the articles?" Henry Packer.

H. P[ ACKER]. " I doe not deny the oath, though I dare not take

it, till I shall know what I shall sweare." JOHN WOODWTNE, He John

being tendered the booke, said, " I desire to know what I shall

sweare to, and what is the end of his oath," before he will sweare.

JOHN MELBORNE. " I am not well perswaded of this oath, yet I John

_ ., „_ , ' J Melborne.

will not deny it. ELIZABETH MELBORNE. " I doe not know any Elizabeth
such thing as a Conventicle, we did meete to pray and talke of the Melborne-
word of God, which is according to the law of the land." YORK.
" God wilbe served publiquely, not in your private house." THOMAS Thomas
ARUNDELL of S* Olave's parish refuseth to take the oath for the
present, till he knew the Articles, that he might informe himself.
William Granger of S' Margarett's in Westminster. He being William
called, THE BISHOP OF LONDON spake unto him saying, "Granger ! G
You look like a man of fashion : will you take your oath to answere
to the articles according to your knowledg, and as farre as you are
bound by law?" GRANGER. "I desire to have some tyme to con-
sider of it." LONDON. " I would not have any of the standers by
thinke that you or any of these have not had tyme to consider of
this, you rent and teare the Church and will not submitt yourself to
the tryal of law. You must know the justice of this Court is
lymited, and you may be driven to abjure the Realme for your
offence." Then Robert Reignolds of Thistleworth was tendered the Robert
oath. He desired to speak 2 or 3 wordes : " If I have done any
thing against the law, lett me be accused by the course of the law:
if I thought this oath might be taken with a good conscience, I
would take it; and I doe for the present desire you, though you doe
not pitty me, yet to pitty my poore wife and smale children."
YORK. " Pitty your wife and children yourself, and lay your
obstinacy to your conscience."

296 HIGH COMMISSION CASES.

Wright DOCTOR DUCK, for the Promoters against Mr Wright,' a minister,

moved againe for the confrontation of the two women. The woman
that lay with her husband at the Falcon at Grecnhith, being sup-
posed by Mr Wright to be one Mr Unnion's wife, which Mr Unnion
is since dead. But Mr Wright's Counccll, Docf' Eden, would not
condiscend to it, and the Court shewed that it was a matter of
weigh t, and therefore to be advised on. And TIIK BISHOP OF
LONDON said he had heard a worse matter of Mr Af right, out of
which how he would free himselfe he did not knowe. One of the
prosecutors tould me, that this Wright, in his cupps, relate 1 to one
Sr Thomas Wiseman's sonne and some others, that the Bishop of
London was present with Doctor Price, when he received the
sacrament of a Priest, and that he dyed a Romane Catholike: and
Sr Thomas Wiseman's sonne saying he thought most of the Bishops
were in their judgements Romane Cutholiques. Wright swoare,
yea, that they were, and most of the cleargie too; and for my part,
I am of that minde, and wished that if he dyed not soc, that bread
which he then took up and eate might not doc him good. The
Bishop of London, hearing of this, sent a letter to Doctor Ayloffe,
to examine whether it were soe. He did examine the matter, and
wrote a letter that he had soe done, and found that the witnesses
stood to it. And this letter was sent to the Bishop of London or
his Chancellor (I know not whether) by him that tould me this, as
he assured me.

M» Barker, Mr Barker, the printer. There is a cause begunne against him

the Printer. for f^fa printing of the Bible in divers places of it, in the Edition
of 1631, vizt., in the 20 of Exod[us1, "Thou shall committ
adultery"; and in the fifte of Deut[eronomyJ, "The Lord hath
shewed us his glory, and his great asse"; and for divers other faults;
and that they had printed it .in very bad paper. And the BISHOP
OF LONDON shewed that this would undoc the trade, und was a

• See p. 282.

CA8E OF THE PRINTERS. 297

most dishonorable thing; that they of the Church of Rome are soe
carefull, that not a word or letter is to be found amisse in their
Ladie's Psalter and other superstitious bookes; and that we should
not be soe carefull in printinge the sacred Scriptures; and that they
in Holland, at Amsterdam, had gott up an English presse, and had
printed the Bible in better paper, and with a better letter, and
can undersell us ISd. in a bible. Mr Barker and his partners
endeavoured in partt to excuse themselves, and had advocates to
speake for them, and were willing to submitt, and promised to
amend their faults; but the Court would not remitt their offence,
but the cause was ordered to goe on.

William Sounde, Nicholas Gerard, John Pococke, Daniell Halm- Seats in Sl
worth, and two others of S* Austins parish, near Paule's gate, Ans
appeared upon letters, and tooke their oathes to answere the articles
that were in the Court against them, about their seates in the
Church above the Communion table. THE BISHOP OF LONDON
said he had been scorned and slighted by these men in an irreligious
manner. He saieth he will not take that upon him which he will
not let be knowne heere ; you have made your seates round about
the Communion table ; you must not prepare your seates above
God; I desired fairely you would take away the seates; you
answere, " We durst not doe it ; we have noe such custome." The
parishioners answered that these seates were made there upon an
ould foundation, and that they were built for necessity, their church
being to litle for the parishioners; and if they have not roome,
they must goe to other Churches. LONDON. As good as you stand,
and have stood. Why, there are noe seates in any church of any
kingdome but this; and what then is your tymc out of minde?
For tyme was when there were noe seates in any Church among
us.

CAMD. SOC. 2 Q

298 HIGH COMMISSION CASKS.

Francis Litton • petitioned, humbly shewing that he is troubled
often with a disease called the stone, and cntring into S* Paule's
Church, he did endeavour to make water within the doore. He is
farre of from his frcinds, and submitteth himself humbly to the
Court, beseeching their pardon, for he knew it not to be a Church.
Being asked where he dwelled, he saicth, three myles from Bedford.
He fell downe upon his knees and wept desiringe their Lordships
to forgive him. Whereupon the Court was inclined to favour him ;
and soe ordered, if upon examinacion it were found he did it
ignorantly, and he was to gett bayle.

In the Court of High Commission, 7 Jnnii, 1632.

Mr Sandiland Plaintiff •)

Paule Pole, gent. - *i > In a cause of Simonie.

Nich: Bloxham, cl[erk] } L lants J

The Sute of Samuell Waller, Parson of great Waldingfeild, in the County of
theCatwe. Suffolke, dyed Anno 1622. or therabouts. After whose death,
Paule Pole, patron of the said church, simoniacallv presented Clemp-
son, viz., in this manner, that before institucion he covenanted with
the said Pole to scale a lease of the Parsonage house, Rectory, and
Tythes of the said Church of great WaldingBeld unto the said Pole,
under a farre lesse rent then it was worth. One Clare told Brooke,
Bloxam's uncle, that the said church was in laps by Simonie, and
Clare dealt by one Duncombe to make the bargaine with Brooke,
who said he would fainc have it for Bloxham, and it was agreed
that Duncombe should procure the King's hand and prosecute the
suit of quart imp [edit], and for this Bloxham became bound unto
Duncomb in 200" for the payment of 100", and Bloxham was
further bound to pay to Clare 400" by 60" half yearly after his

• See p. 281.

8ANDILAND V. POLE AND DLOXHAM. 299

institution. Bloxham brought the quare impedit in the King's
name against Clempson, and came to Paul Pole, and desired him to
discover the truth and to witnesse against Clempson, which at first
he was unwilling to doe, because he had of him 40U per annum.
Then Bloxham offered him, if he would give evidence against
Clempson to evince him of his Simonie, that he would give him
60U per annum duringe his incumbency. Pole and his wife did
accordinglie give evidence against Clempson at Bury Assizes, and
Bloxham acknowledged a Statute of 600U to John Polo, sonne of
Paule Pole, defesanced for the payment of 60U per annum to Paule
Pole duringe his incumbency. Bloxham procured judgement for
the King, who presented Bloxham, who was afterwards admitted,
instituted, and inducted. Sandiland procured a presentacion from
the King, supposing that Bloxham came in by simonie, and brought
this suit against both the said patron and incumbent. •

The truth of the cause thus appearing, it was delivered for law Doctors for
on the Promotor's part, that Conventio circa bertfficium, is simonie, Re^T
and urged that the 100U to Duncombe, and the 400" to Clare, and Clark,
the 60U per annum to Paule Pole were all circa benefieium, and
therefore all three were severall acts of simonie: that to give inonie
for testimonie, ut sic specialiter dicat, as in this case, was a direct
offence, and therefore the 601' promised per annum was simonie.
And on the other side it was said, that none of these were simonies, For the
soe as by the Statute to take away P. Poles patronage, &c. Fd^So h

The Sentence was that the 100li to Duncombe, and the GO1' per Sentence,
annum to Paule Pole were both simonies though under other names
and titles. Dare vel accipere aliquid quocunqve colors pro spiritu-
aUbus est simonia. Paule Pole and Bloxham were both found
guilty. P. Pole was fined to the King 5001', and ordered to pay
costs of suit. Bloxham was deprived, and both to be imprisoned,
and the sentence was read presently. In Dei nomine, Amen, &c.,
in which there was some interrupcion.

300 HIGH COMMISSION CASES.

Abigail Dclamar,* a Frenchman's wife, was brought from the
New prison to the Court, and required to take the oath. She
demanded whether it were the oath of Allegeance ; the King's
Advocate said it was to answere the truth to the articles in Court
•gainst her as farre as she knew and was bound by law. She said,
" I neither dare nor will take this oath till I am informed of it,
that I may with a good conscience." LONDON. " Her husband is
the Quecne's servant, and a stiffe Romane Catholiquc, and she a
deepe Familist and Brownist, and one of the Conventiclers taken at
Black Fryars; the last weeke thcr was a generall fast held in the
prison, that they might be delivered out of prison. I gave order
that all that came to them that day should be stayed. This woman
came, and because she had a great belly she was carried to a
Taverne, and her husband was sent for, and findinge her in a
Taverne, and yet tould that she was in prison, he thought it not in
earnest. They therefore came before me, and I tooke his bond for
her apparance, I admonished him to be more moderate, to come to
church, and meet his wife halfeway, &c." ABIGAIL DELAMAR. "I
hould no Familisme, I know not many of their opinions, those that
I doe know I abhorre : and as for my comminge into the prison, I came
to bring a tayler some worke that I had to doe for him." LONDON.
*' I pray your grace that she may stand upon her bayle till her belly
be unladen, and then we shall talk further with her." ARCH BISHOP
OF CANTERBURY. "Your husband, they say, is a Roman Catholique,
this is a most absurd thing to profcsse to be a Romane Catholique, the
words imply a contradiction. Rome is a particular Church , Catholic ke
is univereall, then this is as much as to say of a particuler uni-
versall Church; Nonsense! But, woman, where dwell you, in
what parish?" ABIGAIL DELAMAR. " Att Giles where Manwair-
ing dwelleth." CANTERBURY. " How often have you heard him
within this 12 moneth ? Is that your manners ? Why not Doctor
Manwaring ? is he not a doctor?" AB. DELAMAR. " I have not

• See p. 292.

CASE OF CONVENTICLE8. 301

heard him often, for the parliament put him by his preaching a

great while/' CANTERBURY. " Wilt thou goe heare him the

next Sunday?" As. DELAMAR. " Noe, but I will goe in the Mr Mew is the

afternoone." CANTERBURY. "Why not in the forenoone ?" i

As. DELAMAR. " Because then I shall heare popish doctrine ; I

was once in the whore's bosome, and these homes thrust me in,

but God hath delivered me." CANTERBURY. " What homes ?"

AB. DELAMAR. '« The homes of the beast." LONDON. *• Whores

doe make homes indeed." CANTERBURY. "But was she ever

a papist ?" AB. DELAMAR. " Yes, I was once in the whore's lappe,

and seinge that I am escaped out of it I shall, God willing, take

heed how I am thrust in againe." CANTERBURY. " I see you are

an obstinate woman, as all the rest of your Companie are." AB.

DELAMAR. " You persecute us without a cause : you have sent

26 of us to the prison, but since we were imprisoned what course

have you taken to informe us? Which of you have sent anie man

to us, or taken any paines to informe us?" LONDON. " There was

a day sett for them to answere at the Consistorye in Paules: but

they have the last Sunday peticioned his MatlC, shewing that it is

not out of obstinacie, but they decline the Ecclesiasticall jurisdiccion

altogether/' KING'S ADVOCATE. u Woman, take your oath."

AB. DELAMAR. " Noe, this oath is condempned by the law of the

land, and I refuse it as an accursed oath, and appeale to the Kinge."

I heard that the Saboth day after this Court she delivered a peticion

to the King, in the name of all the rest, shewing that they refused

not this oath obstinately, but that they were afraid it was against

the subiects just libertie, to be compelled to take this oath, and

shewed that they would willinglie be tryed by his MaUe* lawes, or

by his MaUe or any of his Lords and Nobles.

Amy Holknd did not appeare because of sicknes, as it was given Holland.
in answere for her.

Mr. Bates' bond to be certefyed into the Exchequer, and his Bates.
suretyes to be compelled to bring him in, because it is said, that
he lay about the towne, and now is gonne to Amsterdam.

HIGH COMMISSION CASES.

lirafton.

Barbon.

WiUon.

Kwrapeof
§ome of the
Conventiclcn
oat of prison.

Grafton an upholster, one of the Black Fryers companie is
ordered to give bond for his appa ranee at the next Court.

Sara Barbone being bound to appearc is escaped, and hidcth her
selfe, her bond to be certefyed in the Exchequer.

Phillifl Wilson, being one of them that were taken at Black
Fryers, was tendered the oath, but she refused, saying she durst not
swcare unadvisedly. KINO'S ADVOCATE. " It is before the Ma»
gistrate by authority of an act of parliament."

LONDON. " 7 or 8 of those that were best able to beare it are
let out of prison, and therefore for my part I will consent that it be
ordered that noe more be sent to the new prison, till these be
brought againe."

The keeper prayed their Lorpp§ pardon, and promised to endeavour
to finde them againe. LONDON: ** Let these women therefore for
the honour of the Court be sent to other prisons, and the rest to be
removed some to one prison and some to an other."

Se»U* above
the Comma-

8* Leonard*,
in Foster lane,

peticion of the Churchwardens of the Parish Church of
§' Leonard's Foster lane : That there is not roome in their church
to hould their parishioners, and therefore they desire that their
g^^ above the Communion table may stand, and shew that time
out of minde, beyond the memory of man, they have stood there.
LONDON. "This will not serve your turne; What prescription is
there ? seinge tyme was there were noe seates in churches, and that
not long agone." CANTERBURY. "You must obey your Ordinary."
LONDON. " For that they will not obey me, I am forced to desire
the assistance of this Court, 3. or 4. Churches at this present are at
this ward with me. I think it is Sl Austin's case." YORKE. " Doe
you thinke you are worthy to sitt above the Lord's board in his
house?"

CASE OF TITHES. 303

A question was brought by suit in this Court about portions of Tejthes.
teythes, by a Minister who was reprehended for comminge into the
Court with his great ruff, band strings and cloake lyned with velvett.
THE BISHOP OF LONDON said that this is a great sinne, and will
bring downe the judgement of God upon the land, if it be not
mended speedily, Ministers' cloakes are lyned with vellut or plush,
that they may be taken for Noblemen's secretaries, or els for mer-
chants factors of the best sorte. Sr HENRY MARTIN, " This question
of teythes perteyneth to the common law."

That at Sl Edmonds Church * in Salisbury they have digged up A Bishop's
an old Bishop out of his grave, and have made a mazzard of his
scull, and his bones are in an Apothecaryes shop. That this be
admitted into the Articles, quoad testes, though not quoad paries :
viz. that the Promoter might make proofe of it by witnesses ;
though Mr Thatcher and the rest had answered alreadie to the
other articles. This motion was made by Doctor Eden, and it was
graunted.

In the Court of High Commission, 14 Junij, 1632.

A Motion was made about Alimonie. The woman desired to Alimonie.
have Alimonie graunted unto her before she had proved that her
husband had misused her; but this was denyed to be graunted till
she had made such proofe ; and it was said by Sr Henry Martin that
to graunt it in this case is the readie way to make every woman her
husband's master.

• The church in which Sheffield broke the painted window.

HIGH COMMISSION CASES.

A

.1. . : -'

Richard

I..' |

Wr _•!;!.

I'1..- I'r .!.'.•!-.-.

Hi chard Tayler was accused by Articles of Adultery committed
with Elizibeth Rolfe, wife of Hugh Kolfc: That he often boasted
he had lived incontinently with her, and that he had made Hugh
Rolfe cuckould: That there was a fame of their incontinencie:
That there was a fame he lyved incontincntlie with two other
women: That of Rolfes wife seemed to be directly proved, viz. his
boasting of it, and the fame and suspitious meetings, &c.

His defence was that the Promotor and divers of his witnesses
were punished in the Counccll of the Marches of Wales for publish-
ing of a libell against the said Richard, and that they have brought
this suit in malice against him : and he proveth they were punished
for the -said libell, and shewed some other exceptions against two
witnesses more; viz. that betweene one of the witnesses and him
there had been divers suits: and that one other of the witnesses waa
Curate, but was suspended, and had leaft his calling ; and he makes
proofe in gencrull that they held him in their mindes an honest
man, and that he was a man of good fame till the said libell.

That this jactitation or gloriacion of adultery is as much as a
confession of the fact : that therefore he is to be punished aa an
adulterer, though it be noe direct proofe of the fact: That there is
fxena commissions delicti, et ptsna confessionis delicti. He was
therefore fyned 20011 to the king, and appointed to make publique
satisfaction by acknowledgment of his Glthy boastings, and to make
his purgation for Rolfe's wife.

In Wright's cause,* it is ordered that the Breifes be put in on both
sides before Bartholomew tyde.

The Printers" having answered moved the Court to passe by their
oversights being the fault of the workernen, but the King's Advo-
cate desired they might make their Defence legally and the cause
to go on to hearing : and that he might have liberty to put in
additional articles against them. THE BISHOP OF LONDON would

• See p. 296. » See p. 297.

CASE OP THE PRINTERS. 305

have the Church sett upright in her reputation, that we are as
carefull in printcing the Bible as they are of their Jesus' psalter :
and wheras the Printers say this is stirred up by the malice of one
man against them ; The Bishop saith he stirred not till the Bible
was sould into his house, bought by his footman : and he saith the
printinge is soe bad and the paper too that, if it be not mended
shortlie, they wilbe put downe by those of Amsterdam and their
trade spoyled, and showed the two grossest errors, vizt. " Shalt
commit adultery " and " great asse:" for " shalt not committ adul-
tery" and " greatnesse :" THE ARCH BISHOP OF CANTERBURY
saith, that the Printers that print for his Matic have a very profitable
place, and therefore should be more carefull. I knew the tyme
when greater care was had about printeing, the Bibles especiallie,
good compositors and the best correctors were gotten being grave
and learned men, and the paper and letter rare and faire every way
of the best; but now the paper is naught, the composers boyes, and
the correctors unlearned: There is a farmer and he makes the
benefitt, and careth for nothing about it. They heertofore spent
their whole time in printeing, but these looke to gaine, gaine,
gaine, nothing els : if it be good to bribe, to give hundreds, thou-
sands, what to doe? not to benefitt the people, but to make a
gaine, then they are to be commended: Well, let them looke to it:
and let the cause proceed, saith the ArchBishop. LONDON. " There
was a great deale of doo betweene you of this Citty and those of
Cambridge heertofore about the priviledge of printeing the Bible
and psalmes which they of Cambridge claymed ; then the Bible was
exactlie printed, now you have forced the Cambridg printer to an
agreement, now noe bible is right printed."

Whitacres having answered about importing and selling a french Whittacrcs the
booke called Le Frincey wherein is some scandall conteyned against

CAMD. SOC. 2 R

306 HIGH COMMISSION CASES.

Queenc Elizabeth, The KINO'S ADVOCATE insisteth upon his
answere havcing thcrin confessed it, and prayed the cause might
goe to report, and it was soe ordered.

Pew»»boTey« Sound,' Hoi lings worth, Gerard, John Osborne, and Thomas
. L Pocock, havinge answered for setting up and continuing the seates

above the Communion table in S' Austin's Church by Paules, they
being Churchwardens and parishioners there; DOCTOR DUCK, the
Chancellor of London, moved that their answercs and their cause
might be considered, and they ordered to take down and remove
their seates newlie sett up above the Communion table. LONDON:
*' You say you have not roome for your parishioners, and therfore
you must have seates above God Almighty, and above Christ in his
owne house; judge you, is it reason? The Church of S1 Leonards,
Fosterlane, is in the same case, but I made them pull downe their
seates, and soe I will you, and then I will beginne with the old
seates/' YORKE: " You must be subject to your Ordinary, he hath
power to appoint your seates, it is not fitt you should sit above God
in his house." The ARCHBISHOP OF CANTERBURY saith they
must submitt themselves to their Ordinary. The articles and their
answeres were read: 1. You were Churchwardens of the parish
Church of S1 Austin's, neare Paules, London. 2. That you are
subject to your Ordinarie the Bishop of London. 3. That you
have built new seates above the Communion table. They answcre
that they think they arc subject to their Ordinarie, and that they
might sett up their seates above the Communion table, for there
was an ould fondation of seates there, and that they have onlie
built up their seates higher. The BISHOP OP LONDON moved

k Soe p. 297.

CASE OP SEATS IN ST. AUSTIN'S. 307

the Arch Bishop to declare his dislike of the thing, which he did,
shewing that the Ordinary had power enough in such cases, and he
desired that they would amend it. PARISHIONERS. " If the Court
will order us to take them downe we will, or els we dare not, for
the Vestry hath ordered it that they shalbe built upon the ould
foundacion." Sr HENRY MARTIN saith, this ia a matter not
speedily to be determined, and that the Court must take heed what
they say in it; and therfcre that it be deferred till the Informacions.
LONDON. " I desire it be ordered that my Chancellor view the
Church and appoint what is fitt to be done." YORKE. " We must
informe our selves." ROCHESTER. " The power of Vestryes and
Churchwardens, this is to hatche a lay Presbyterye.''

Amy Holland a preferred her peticion, humbly shewing that she Amy Holland
was not well in health, being great with childe, that therefore the
Court would be pleased to lett her forth upon bayle : she was to
answere in Court, but she came not, and it was ordered that Doctor
Ayloffe should goe to the prison to her to take her oath. LONDON.
" How ould is she ? Had she ever childe?" CROSSE. " I know
not, I think she is about 32, but I desire you would discharge me
of her, for I cannot keep her without a guard of purpose. I am in
feare every houre to loose her." LONDON. " Let her have what
she longs for, and let Crosse be well recompenced for his charges
in keeping her."

Processe went out against the Lieutenant of the Tower for the Clandestine
abuses committed in marriages made and solempnized in the Tower JK'rower of
without banes or lycence : and now Mr Lieutenant doth not ap- London.

See p. 301.

•"' ls HIGH COMMISSION CASES.

peare. That the Court hath found the great inconveniences of
these marriages that men's children are stolnc from them. There-
fore let there be an order made to declare that they at the Tower,
and the Lieutenant have noe such priviledge of marrying whom they
please, and that, if henceforward they observe not the Canons and
constitutions in this point, they shalbe proceeded against according
to the lawes. Lett this be drawen up under our hands and scales,
and entred and remaine of record, and let the Lieutenant have a
coppy of it sent unto him : and in the mean while the cause to be
prosecuted." Sr HENRY MARTIN. " I would be one to sett a fine
upon Mr Lieutenant for tins matter."

Cooreuticlen. Rawlins, Harvy, Arthur Goslin, Rowland, Robert Bye, John
Smith, and others were taken at a Conventicle in a wood neare
Newington in Surrey, upon the Saboth day last, and being now
brought to the Court they were required to take their oathes to
answere the articles put in against them. Two of them answcare
they will not sweare at this time; and as they were goinge out,
Harvy put on his hatt, which was presentlie taken offc and he was
complayned on, and being called back to answere it, he saith he was
shiftinge away, and putt on his hatt. Another saith that a lawfull
Magistrate had examined them alreadie, and therefore he will not
sweare to be heere examined. LONDON. " Your examinations taken
before Sr he sent to me, there is nothing in it but

that you mett togeather to conferre upon the word of God as farre
as you understood the same, and to pray, which you might answere
heere: but you tell this Court that it is not a lawful power and
Authority : and of the same minde are those that were taken att
Black Fryers: for they peticoned the King to be tryed by his
Judges, by his Lords, declyning the ecclesiasticall jurisdiccion.
This they tendred the last Sunday : this your obstinacie will cause

CASE OF CONVENTICLES. 309

you to bo proceeded against at the common law, and be made abjure
the Kingdome, and if you returne, to be hanged." KINO'S ADVO-
CATE speaketh to another of them, " You are required to take your
oath to answer the Articles put in against you." PRISONER. " I
cannott sweare, because I know them not in certeinty." LONDON.
" Let these (may it please your grace) be sent two and two to other
prisons, and none to the New Prison, because the Keeper hath lett
some of the principall of the other companie to escape."

Andrew Sherle will not lay his hand upon the booke. Robert
Bye comminge into the Court, THE BISHOP OF LONDON spake
kindly to him, saying, " Come, thou lookest like a good fellow, that
wilt take thy oath.*' BYE. " I am Christ's freeman ; I owe
obedience to God and the King, and those that are lawfullie sent by
him, but to noe others." Att which there being some laughter, he
said, " I am in deed and good earnest, I dare not take this oath*
An oath is for the ending of a controversie, but this is made to be
but the beginningc of the controversie." ARCHBISHOP OF CAN-
TERBURY; " You doe shew yourselves the most ungratefull to God
and to his Matie the King and to us the Fathers of the Church. If
you have anie knowledg of God, it hath come through and by us,
or some of our predecessors. We have taken care, under God, to
give milke to the babes and yonglings and strong meate for the
men of understanding, you have the word of God to feed you, the
Sacraments to strengthen you, and we support you by prayer, for all
this what despight do you returne us: you call us abhominable men,
to be hated of all, that we carry the marke of the beast, that we are
his members : We doe beare this patiently, not because we have
noe law to right us, but because of your obstinacie. But for your
dishonouring of God and disobeyinge the King, it is not to be
indured: When you have readinge, preaching, singinge, teaching,
you are your owne ministers, the blinde lead the blinde, whereas his
Matie is God's vicegerent in the Church, the Church is nothing with
you, and his ministers not to be regarded, and you runne into woods,
as if you lived in persecution, such an one you make the King, to

310 HIGH COMMISSION CASES.

whomc wee are soe much bound for his great care for the truth to
be preserved amonge us, and you would have men belcive that he
is a tyrant, this besides your wickedncs, unthankfulnes, and ungra-
ciousncs towards us the Fathers of the Church. Therefore let these
men be put 2. and 2. in severall prisons."

Coorentiderr John Cooke, James, Margery Cleaver, John Jap worth, Anne

: One was a yong girle, those were all taken in another

Conventicle, but where I cannott directly say, I heard about Christ's

Church in London: These also all denyed to take the oath, and

were all sent to severall prisons, two and too.

In the Court of High Commission, 21 Jnnij, 1632.

Kings Advocate against one Richard Hickman (a minister) of
Waddington in the County of Oxon.

That he is a Minister in holy orders, and a common swearer, and
two or three tymcs he swore fearfullie. He sollicited Ellen Coalman
the wife of Joseph Coleman to lye with her, and he strove with
Marg[aret] Humfreys, endeavouring to abuse her, and said it was
no sinne to lett him have the knowledge of her bodie, and he would
prove it : and there was a fame of their incontinency thereupon :
alsoe he keepeth companie in suspitious manner with Rebeckah
Murdcn, and being forewarned, still kccpeth them companie; and
when one of t\»e Churchwardens was sent for wine for the Com-
munion, he perswadcd him to drinke to excesse with him, saying;
if he would adventure his soule, • he, the said Hickman, would

JONE8 V. ORCHARD AND OTHERS. 311

adventure his bodie. That in companie of women he used very
obscene talkc and carryage, laughingc at the length of his .

And he is a dishonest man, and maketh noe conscience of an
oath.

He made noe defence. It was said by Mr Advocate, that he had
noe benefice, and that he is fled the country, and therefore he
desireth the Court to proceede to sentence.

The Sentence was that he shalbe excommunicate ; that he shall Sentence,
pay 500" fyne, and be iraprisonned and pay costs of suite.

Doctor Jones, against William Orchard thelder, William Orchard
the yonger, and John Orchard.

That the said William Orchard the elder, and the two other
Orchards, his Sonnes, are publique Notaryes, and dulie sworne
faithfullie and trulie to execute all acts, &c. That there is, and
ought to be, but one scale of office. That William Orchard the
elder caused one Harding, a smith, to make an other scale, and he
made the scale inclosed in the Commission. That one Florence
[Key] and comminge to Mr Dryver, the Surrogate

of Doctor Jones at Blandford, he refused to graunt them a licence
to marry, because they had not their parents' consent. That William
Orchard the yonger, hearing of the refusall, secretlie bidde the
parties stay, and he afterwards made a licence in Doctor Jones his
name, and put wax to it, but it was not then sealed. And by this
lycence Florence, the daughter of one Key, was married

without his consent. And noe such licence is sett downe in the
seale booke. And one Thomas Hurlocke committed adultery in
Stoton Caudle, and went to a place where the said William Orchard
the elder kept Court, and there the said Hurlock and Joane Sheward
submitted themselves and made their confession, and John Orchard

312

HIGH COMMISSION CASKS.

*- • , t

received 50*. a peece of them, that they never did any penance for
this. That the said William Orchard the yongcr graunted another
lycence, and one more was graunted by John Orchard, all very
prejudicial! to the parents and parties, and to the wronge of the
Chancellor and Surrogate.

There was noe defence made, but it was pretended they were
overtaken and concluded before they could defend themselves.

But the Court proceeded to Sentence, and fyned William, the
father, 200"; William, the sonne, 100"; and suspended them from
their places ; and discharged them for ever from being publique
Notaryes, for their makeing of false and corrupt acts; and John
Orchard not to exercise the office of publique Notarye in the dio-
cesse of Bristoll.

Lady Allen. In the Ladie Allen's Cause, it was said by Sr Henry Martin, that
if a husband commaund his wife not to goe to such a man's house,
and yet she will goe and doeth ; that she is to be thought a whore ;
that the will of the husband soe declared is sufficient to cause her to
stay away and forbeare such an house or place.

SeatM afore Touchinge the Scales above the Communion table in S' Austin's

mnn^Tuble Church,' THE BISHOP OF LONDON desired the Arch Bishop to

in 8* Austins, declare his dislike of their scutes there sett, and that they had

donne amisse, and, to order that they should submitt themselves to

their .Ordinary, meaning himsclfe and his Chancellor ; and that the

Chancellor might view it, and order and give direction verballie

what was to be donne; and did not desire an order for the direct

pullinge downe or rcmcveing of them : for feare of a prohibicion, I

Bti p

KING'S ADVOCATE V. MUDFORD AND OTHERS. 313

think. And THE ARCH BISHOP did declare his dislike according-
lie ; and order was made as was desired, and that the same was
disliked in all other churches where it was soe.

King's Advocate against Henry Mudford, Henry Ferman, and

Francis Bridges."

That they hould manie false opinions and errours: 1. That to the
beleiver all things are pure ; and that David, when he committed
adultery, pleased God as well as when he danced before the arke.
2. That justifyed persons cannott displease God. 3. That the
morall law doth not binde the conscience, nor accuse the beleiver.
4. That those that lived before Christ, and looked for his comming,
and did beleive it were actuallie justifyed. 5. That beleivers are
justifyed before they have faith actuallie.

DOCTOR REEVES saith, " They have made noe defence, there-
fore all is true; they hould all these opinions." MUDFORD, FER-
MAN, and BRIDGES said that all was not true, they doe not hould
all those as they are articled. DOCTOR EDEN, for the defence,
saith that these are plaine men; they hould some of these, but not
all. They say they are justifyed actually by faith, but that before
faith they are loved of God, and that whatsoever is wantinge in the
beleiver is supplyed by Christ Jesus; whatsoever the first Adam
lost, Christ maketh that good againe to every beleiver, &c."
LONDON. "They said these wordes, did they not? Was it not
given forth in writinge by them ? There is sufficient testimonie,
Mr Samuel Ward and others. What say you to that your opinion,
that we are justifyed and made the sonnes of God by the worke of
Christ before anie faith be in us to apply the merritts of Christ to
our selves?" Answere by the three Defendants. "That as Adam
made all men conupt, soe Christ maketh the elect righteous and

• See p. 270.
CAMD. 8OC. 2 8

314 man COMMISSION OASES.

acceptable : and you agree with us in baptismc, Infants are regen-
erate, therefore they are justifyed, and that is by faith; there is
grace, though not scene." LONDON and CANTERBURY. " This in
baptismc is not an actuall but an habituall faith. What say you to
this? That a beleiver cannott greive God's spirit." Answere by
the three men. " We doe not belcive that a beleiver cannot greive
God's spirit, but yet they say that God's love was not lesse to David
for his sinncs of adultery and murther : for God's love is un-
chaungeable." CANTERBURY. " Let these men lye by the heeles."
LONDON. " Let them be sent to 3 other prisons, and not to the
new prison. And let Mr Prinne be articled against for the same.
\Vr must not sitt heere to punish poore snakes, and lett him goe
scot free." The 3 men. " We desire that some bodie may conferre
with us, that we may be informed if we be in errour." CANTER-
BURY. " The Country complayneth, and the Commissary com-
playneth, you pervert the word of God."

Apminst Henry Goskin is complayned against by articles for prentinge of a
ballett, and for composingc of it, whcrin all the histories of the
bible were scurrilously abused: some of it was read, vizt., that
Jacob came to Heaven gate, and Adam kept the doore, thou art a
sinner, Adam said, but thou (saith Jacob) wast the causer of our
woe, whereat he runnes away for woe.

Defence. The defence is that the same was printed before he was borne,

and he hath but renewed it, and is very sorry for it, and that this
was never called in. LONDON. '' There was a parish clarke chosen
to view all the balletts before they were printed, but he refuseth to
doe it, let it be ordered that he shall undertake it by commaundment
from this Court. This is not worth the sentence of the Court."
He is sent to Bridewell.

AMY HOLLAND'S CASE, 315

Amy Holland,* by her petition desireth to be bayled and to have Holland,
liberty to appeare by her Proctor. LONDON. " If she be let it be
a bond of 2000" and good bayle to be given, or els she shalbe
committed close prisoner to Newgate."

Ralph Grafton, an Upholster, dwellinge in Cornehill, London, Against Ralfe
was required to take his oath to answere the Articles. He was said {JrConven- °(
to be a principall ringleader of those Conventiclers that mett at ticlers.
Black-Fryars.b KING'S ADVOCATE. " This is a rich man, dwelling
within the Citty, my motion is, that your Grace and the Court
would sett a fine upon this man if he shall refuse to answere, that
other may be warned for contemning of the Court." LONDON.
'* Mr Advocate, I thanke you for this motion." KING'S ADVOCATE.
" I require you, and the Court requireth you, to take your oath to
answere to matters of your owne fact as farre as you know, and are
bound by law." GRAFTON. "An oath is a matter of an high
nature, and must not be taken rashlie, [ dare not therefore take this
oath. We have done nothinge against the law: it was noe Con-
venticle: there was nothinge spoaken against the King, nor against
the State, I dare not take the oath, and I am no ringleader of any
to evill." CANTERBURY. " You mett without law, you had noe
authority. Pcena ad paucos, metus ad omnes." Wherefore, the
Court for his contempt in refusing the oath sett a fine of two hun-
dred pound upon him and committed him to prison. GRAFTON.
" I have bayle heere readie, if you please to take it, I doe tender it
to you." LONDON. CANTERBURY. " Noe ! Away with him to
prison: if he come not in by the day of mittigation, let the fine
stand."

See p. 307. See p. 278.

316 HIGH COMMISSION CASES.

Thomas Brent against John Hippisley, and Henry Scripture,
and Watford.

That three yearcs since they had an attachment out of this Court
to apprehend one Jeffreys, for adulterye: that Hippesley and
Scripture tooke him, and received 40* of him for that tymc; and
lett him goc. Another tyme they tooke him againe as he lay in
his bedd by vertue of the same attachment, and tooke 201 of him
and sett him at libertie. Afterward, Jeffryes removed into an
other countie, 100 miles off from Axbridge, in Somersetshire: and
thither Warford and Hippesley followed him, and tooke him, and
brought him to an inne, and threatned him if he would not make a
composition with them, they would carry him to London. Where-
fore for his libertie and discharge he gave them two geldings, ixu in
money, and a certeine box of surgery instruments, and his coate
that he road in: that they divided the said goods bctweene them,
and that the said Jeffreys is since deceased. There being noe
defence put in, DOCTOR DUCKE desired the censure of the Court
against Hippisley, and desired an attachment against Scripture and
Warford.

The attachment was graunted, and the sentence against the said
Hippisley was that he should be fyned 100U and be imprisoned for
this abuse of the proces of this Court.

,'V;1 1 Article. That you are a minister, and at your admission into

°f the Ministery you subscribed, &c. ; and you heard John -Eaton,

clarke, was heertofore convicted into this Court for preachinge and
professinge divers errors, and in particuler for this opinion, that God
•eeth noe sinne in his elect, and that you knew the said John
Eaton, and that he was sentenced and deprived. Answcrc. That

CASE OF ET8ALL. 317

he knew the said John Eaton for manic yeares agoe, and that he
was a man of honest life, and holie conversation, and did then
faithfullie exercise his ministery, and he hath heard he was sen-
tenced for his opinions in this Court. 2. Article. You were
present with the said John Eaton when he was sentenced. Answere.
That this article is not true. 3. Article. That you have heard
that Thomas Townes, clarke, and Samuell Pretty, clarke, were
convented in this Court for the same opinions, and that they were
heere sentenced for them. Answere. That he hath heard as much.
4. Article. That you hould the same opinions for which they were
sentenced, viz. That God seeth noe sinne in his children. Answere.
It is God's mercy to sinners, that though they are borne in sinne,
and cursed by the law, yet through Christ Jesus every beleiver, as Ephe. 5, 27.
the whole Church is said to be, is without spott or wrinkle in God's Cant. 4, 7.
sight, and accordinge to the second article of our Church and the
booke of common prayer, and the Creed calleth the Church the
holie Catholique Church, not inherentlie holy of it selfe, but
imputatively holie, and in this sence he beleiveth this article to
be true and noe otherwise. 5. Article. That you wrote a letter to
Mr Pretty perswadinge him to persist in his crronious opinions.
Answere. He did write a letter to all faithfull Christians, but not
in perticuler to Mr Pretty: and he wrote the rather, for that he
heard that he had denyed the truth and gonne backe from his
profession. The letter was read. " Yor brother in the Faith once
delivered to the Saints, John Etsall. To all that are justifyed by
grace freely, and take the Lord Jesus to be your righteousnes,
sanctification, and peace When the Apostle Paule foresawe he was
shortlie to be translated out of this world, he wrote to Timothy,
stirringe him up to his office, I am readie to be offered (saith he)
and the time of my departure is at hand; 1 have fought a good
fight, Soe Mr John Eaton, Christ's faithfull servant, having by his
godlie labours gayned manie soules unto the Lord, a litle before his
death wrote to us, that we should fight the good fight of faith and
lay hould on eternall life, and charged us to keep these things, and

318 HIGH COMMISSION CASES.

did strictlie cnjoyne us before God and the Lord Jesus Christ to be
diligent in preaching the word, to improve, rebuke, exhorte, &c.,
though there be those that will not abide sound doctrine: Methinks
I heare him say, thou knowest my doctrine, manner of life : And
aa Paul said thou knowest myne afflictions &c., soe he might say,
thou knowest ray persecutions which I suffered at London, at
Norwich, and at Wickham ; be not ashamed of my crosse. There
be those that like Jannes and Jambres resist the truth, 2
Tim. 3, 8, and some errc from the faith, as St. Paule saith,
1 Tim. 1, 6. And in another place he tells them that all they in
Asia were turned from him, and Phigcllus and Hermogencs, and
againe make speed unto me, for Demas hath forsaken me : It is
noe new thinge for men to fall away from what they have pro-
fessed : and againe he saith that greivous wolves shall enter, not
sparing the flocko, and some shall fall quite away. I have heard
what Mr Pretty hath done, and that he is about to waver. Now
therefore mine cxhortacion is that you should stand fast and quit
you like men, and remember that double-minded men are unstable
in all their waies, let us wash our bodies with pure water, and con-
sider one another to provoke unto love and to good works : and re-
member the counscll of our Saviour Christ, beware of backslydinge;
if any man shall beginne to build and not be able to goe forward it
is a shame to him, soe if we consider not before hand, what we must
suffer for our profession we shall fall off: Let us remember that
the momentary afflictions for the truth are not worthy of the glorie
that shalbe revealed, and if they had been of us they would not
have departed from us. Consider what ascandall it is to yourselves;
you are, if you fall away, salt that have lost its savour; and for your
freinds and the faithfull, you will make sad their hearts. But it
may be some promise to choake you with a Benefice; what shall
you gainc by that if you loose your soule, or a good conscience?
They doc as the Spaniards perswade men to betray others, and then
they will never after trust them. Touching the matter of free
justification : you are to know that God beholdeth all men either in

CASE OF ETSALL. 319

Adam or Christ; what is betwecne Adam and Christ, halfe a new
creature and halfe an ould, a mongrell Christian. Then after re-
generation, who shall lay anie thing to the charge of God's elect?
You are dead to sinne and likewise burryed with him : soe likewise
count yourselves dead: and though sinne be in our nature, yet we
knowe it is forgiven for his name's sake. I salute Mr Towne, Mr
Clarke, Mr Emersam, I desire them to read this to him and to
restore him with the spirit of meeknes."

" I confesse that which I have written hath justly offended you, Etsall.

I pray you remember, that he that confesseth and forsaketh his
sinnes shall finde mercy with God, so let me with you: I have
trespassed against this Court in writinge that which doth reflect
upon your honorable Court." Sr HENRY MABTJN. " You have
commended heer John Eaton, whom we have condempned. Hath
the Church noe sinne? is she not subject to error?" LONDON.

II David was a justifyed person yet 139 Psalme, Thou spiest out all
my waies, and yet he cryeth out of his sinnes : the Article of our
Creed, the remission of sinnes, and that which the Lordsaith to the
Angell of the Church of Smirna : he saw their zealc, their suffer-
ings, their faith, and yet I have somewhat against thee : this is noe
state of perfection." ROCHESTER : " Doe you undertake to write
such a letter as this? such an epistle ? there is not one thinge layd
downe clearlye in any part of your letter. What Papist, Brownist,
Jesuit might not write this letter. Was not Adam and Christ in
Paule? Is there not flesh and spirit in both. I could answere you
for David too that was before Christ."

DOCTOR AYLOFFE. " If he will submitt himself, and make re-
cantation of takinge part with Eaton and Townes, I would not give
my voice that he should be deprived, soe that he will piainely sett
downe his opinions, and till then I suspend him."

"These are grosse opinions for which Eaton was heere sentenced, S'Nath
and therefore for justifying of him I would have him make publique Brent-
confession at Paules, and at his owne Church and suspenscion till
then, and to pay costs of suit."

sso

HIGH COMMISSION CASES.

S' Henry
Martin.

KochMtar

S« Davids.

London.

Canterbury.

" You have justifyed hcerc Eaton, Towncs, Traske and Pretty,
these were all lewd fellowcs, therefore you shall make your confes-
sion, and be deprived of your Benefice/'

" I am onlie sorry that the Court hath not taken this to heart
being soe great a matter: these are worse then heathenes, they are
a scandall to all our professions I cannot speake it with sufficient
severity. This man I take him to be an ignorant foolc, but an
usurping blasphcminge fellow : if 1 could prevaile, the least I would
sett upon him, I would send him to Bedlam: but I doe deprive him
and degrade him, and to pay costs of suit."

"If he will recant, and not returne unto his opinions againe, I
would not have him degraded, but onlie suspended for a while."

" Who is that Demas that hath forsaken you ? your letter is full
of blasphemy. Who choaked you with a benefice?" ETSALL. "I
pray speak in love." LONDON. " I may censure you to deprivation
in love, for your base hcreticall opinions : It was not wont that men
should choppc in and talke soe when the Court is speakinge; these
.are blasphemies opened in Townes' cause, I doe deprive him and
degrade him, and costs of suit, I goe the higher, because he hath
contradicted the sentence of this Court against others heeretofore."

" If God seeth not sinne in his children, then they may take upon
them to committ sinne without feare: We know how far this is
gone: and now this man to take upon him to be a kinde of an
Apostle, and to write apostolicallic, we see his pride. I remember
John Eaton, he was soe ignorant, and his carriage soe simple, that
we thought fitt to send him to Westminster Schoole and Paule's
Schoole to be instructed. He would deny, maintaine, confesse, re-
pent, and sometymes we had mercy upon him ; after his deprivacion
we were troubled what to doe with him ; for if he did not preach,
or doe somewhat, women must steale from their husbands to main-
teyne him. Then we were content, if he would be a curate, we
would try him, and he was admitted to reade homilies. Wise John
Eaton fell to expoundinge of the homilies, and then broached all
his opinions (formerlie denyed) againe : and this is your Patriarch.

CASE OF ETSALL. 321

Therefore I hould this man worthy to be imprisonned and pay costs
of suit, and to be deprived and degraded, if he doe not with all the
detcstacion possible make confession of his errours and cry God
mercy and forgiveness, and you shalbe soe deprived and degraded if
you doe it not; but to be suspended in the meane while. And the
Bishop of the Diocesse must have this signified unto him to provide
the Church with a Curate in the meane tyme."

Doctor Jones moved against Mr Hooke in a cause of Simony that Mr Hooke.
the Promoter was willing to withdraw his suit at law soe this Court
would but reteyne the cause, this was rejected, till the next Terme
if they did not proceed at law.

That he brought over a booke called Le Prince, and this was at Whitacres.
208 price, at which I wondered (saith the BISHOP OF LONDON)
seeing that by the bulke it should be but 3s or 3* 4d, and now it is
falsely printed heere in England.

CANTERBURY. " This Basset b the Author is a deepe flatterer, a
most malatious, hungry fellow." WIIITTACRES. " I beseech your
Lordships pardon, I knew not what was conteyned in the booke.c
It is an impudent thinge that such things should be suffered in
bookes. Kingdomes cannot long stand in peace if they should."
CANTERBURY. " In France they have such histories, that when the
Duke of Birone was heere, and Count , Queen Elizabeth

should have the Earle of Essex head by her, and shewed it unto
him, and this goeth as a cheife story amongst them. Balsett is an
idle fellow and dishonest man."

That all the books be drawen in and fired and burnt publiquely

• See p. 305. b Balzac. « Is what follows the Archbishop's?

CAMD. SOC. 2 T

322 HIGH COMMISSION CASES.

with those that rcmainc in Panic's Churchyard, and this roan to be
fyned 100 marks to the King and to pay cost of suit.

Marriage* The order » that was coramaunded the last Court day to be drawen

or licence at UP wa3 now rcad to this effect; That his Ma41" Commission for
the Tower. Causes Ecclesiasticall have a long while observed the great mis-
cheifes growinge by clandestine marriages in manic places of this
kingdome, which are made without bonds published, or lycence,
but especiallie they have observed this disorder in the Tower of
London, to the great hurt and undoinge many times of the marryed
persons, and to the great greife of their parents and freinds, and
against the canon and ecclesiasticall lawes. That therefore the
Court, out of respect of the Kings Malie* Lieutenant there, hath sent
their letters to the said Lieutenant, that he should send those parties
that have offended in that kinde to the High Commission Court:
and yet nothingc hath been effcctuallie done against them, and they
still continue their contempt. This Court declareth that if any the
said offences be there in the said Tower of London or precincts
thereof hereafter committed, that the offenders shalbe in this Court
proceeded against after the ordinary Course of Justice: and this Act
to be made to shew that there is noe such priviledgc to be main-
teyned in the said liberties and precincts of the Tower. Ordered
that the Lieutenant have a copy of this Order. LONDON. " His
Mau* is made acquainted with this matter, and hath referred it to
some of the Lords. His MaUet pleasure will shortly be knowen in
this."

• See p. 307.

FINIS.

INDEX.

Abbot, George (Archbishop of Canter-
bury), his sentence on Pretty, 184, 185;
reproves Dr. Slater, 186; argues with
Lane, 188; gives sentence in Lane's case,
1 93 ; objects to the term Romish Catholic,
195; his sentence on Vicars, 238; his
opinion on Hartford's case, 242; his
sentence on Or. Hooke, 259 ; examines
Mud ford and others, 270; orders their
imprisonment, 27 1 ; finds fault with
conventicles, 280, 284 ; urges the ex-
officio oath, 285 ; objects to the term
Roman Catholic, 300; urges Abigail
Dclamar to hear Mamvairing preach,
301; wishes the printers to be punished
for misprinting the Bible, 305 ; cen-
sures Ktsall, 320

Abduction, case of, 75

Adultery, Sir Robert Willoughby charged
with, 187; Dr. Hooke charged with,
246; Dr. Gibbons charged with, 277,
282; Dr. Wright charged with, 282,
296 ; jactitation of, 304

Agnus Deis, seizure of, 197

Alimony, claimed by Lady Willoughby,
187; allowed to her, 194; allowed to
Lady Grenvile, 268; refused without
proof of ill treatment, 303

Alington, Sir Giles, delay in the case of,
273

Amy, George, charged with serving process
in a church, 277

Apple-tree, disapproves of the Catechism,
269

Arundel, Earl of (Thomas Howard), his
sentence in Falkland's case, 32 ; ex-
tenuates the fault of enhancing the
price of corn, 88 ; his opinion on Car-
rier's case, 107; gives sentence in the
Dean of Exeter's case, 1 73

Arundell, Thomas, refuses the cx-officio
oath, 295

Attorney, misconduct of a, 117; alleged
misconduct of a, 148

Attorney-General. See Heath, Sir Robert;

Noy, William
Attwood, William, refuses the ex-offieio

oath, 293

Ballad on Adam and Jacob, 314

Barbone, Sarah, refuses the ex-ojficio
oath, 285; escapes, 302

Barker, Dr. his sentenccon Dr. Hooke, 252

Barker, Mr., charged with misprinting
the Bible, 296

Barnet, refuses the ex-officio oath,
293

Bates, Mr., said to have gone to Amster-
dam, 301

Bibles, a stock of Geneva, 274 ; misprints
in, 296, 304

Births, registration of, 55

Bishop, a, treatment of the bones of,
303

Blagrave, Richard, committed for keeping
Geneva Bibles, 274

Bloxham, Nicholas, charged with simony,
298

Bowie, John, Bishop of Rochester, his
sentence in Pretty's case, 184; his
sentence on Vicars, 225 ; thinks Had-
ley's case should be dismissed, 241 ; his
sentence on Dr. Hooke, 256 ; his sen-
tence on Harrison, 272; censures John
Etsall, 319

Bramston, Serjeant, argument by, 52, 92

Brent, Sir Nathaniel, his sentence on
Vicars, 220 ; explains the case against
Hadley, 240 ; his sentence on Dr.
Hooke, 253

Bribery, a proctor charged with, 269 ;
explanation of the charge of, 273

Bridges, Francis, charged with peculiar
opinions, 270

Bridgewater, Earl of (John Egerton),
gives sentence in the Dean of Exeter's
rase, 173

-•{- 1

IMH.X.

Bristol, refusal of an officer to remain in

the cathedral of. 261
Buthcll, Philip, alleged conspiracy against,

2; makes his submission, 56
Bye, Robert, refuses the et-vffieio oath,

309

Cesar. Sir Charles, attack of Laud on,
190; his sentence on Vicars, 221; his
sentence on Dr. Hooke, 254

Cambridge. University of, its claim to
print the Bible, 305

Canterbury, Archbishop of. See Abbot,
George

Carrier, Richard, charged with illtrcating
miners in Derbyshire, 89, 96; sentence
on, 108

Casen, James, misconducts himself as an
attorney, 117; sentence on, 137

Catechism, the, stated to be contrary to
the word of God, 269

Ceremonies, the, dissatisfaction with, 269

Challenge, provocation to a, 112

Chair pcrty and maintenance, charge of,
66

Chancellor of the Exchequer. See Cotting-
ton. Lord

Christening a cat, 275

Church, a riot in, 72 ; dispute about seats
in, 139; charge of serving process in,
277 ; charge of misappropriating mate-
rials provided for, 286

Clerical dress, licence taken in, 186, 244,
303

Ooke. Sir John (Secretary of State), his
sentence in Falkland's case, 20; gives
sentence in the case of Derbyshire
mines. 102

Communion table, seats above, 282, 297,
302,306,312

Compurgation, case of, 259, 276

Confirmation, speeches against, 190

Conspiracy. Falkland charged with, 2

Conventicles, charge of keeping, 190, 274,
278, 284. 292,308, 310

Corn, enhancing the price of, 43, 82

Cottington, Lord, his sentence in Falk-
land's case, 11; in the case of Derby-
shire mines, 99; in a case of libel, 151;
in the Dean of Exeter's case, 168

Coventry, Lord, Lord Keeper (Thomas
Coventry), his sentence in Falkland's
case, 84 ; on Archer, 47 ; gives an
opinion on the registration of births,
55; declares that a scandal against a
minister belongs to the ecclesiastical

jurisdiction, 71 ; allows a plaintiff to sue
t * forma pa* peril, 73 ; his sentence
in a case of abduction, 77 ; his opinion
in Lord Dcyncourt's case, 8 1 ; charged
with taking a bribe, 84 ; his opinion on
Carrier's case, 107 ; thinks that a chapel
in a private house is not a conventicle,
142; his sentence in the Dean of Exe-
ter's case. 175; his speech to the
judges, 176
Crawley, Serjeant, argument by, 128

Danby, Earl of (Henry Danvers), sen-
tence in Falkland's case, 30; on
Archer, 47 ; his sentence in the Dean
of Exeter's case. 173

Dean of Exeter, the. Src Peterson, Ro-
bert

Delamar, Abigail, refuses the er-officio
oath, 300

Denne, Elizabeth, refuses the ex-officio
oath, 294

Deyncourt, Lord (Francis Leke), charges
his brother with forgery, 79

Digges, Sir Dudley, his sentence on
Pretty, 184

Disafforestation, resistance to, 95

Dod, Henry, refuses the er-officio oath,
293

Dorchester, Viscount (Dudley Carleton),
bis sentence in Falkland's case, 28

Dorset, Earl of (Edward Sackville), his
sentence in Falkland's case, 30; on
Archer, 47; gives an opinion un the
registration of birth*, 55 ; his sentence
in a case of forgery, 75; his opinion in
Carrier's cm:*, 106; defends the Bi-
shops, 285; his sentence in Long's
case, 291

Drunkenness, a clergyman charged with,
271

Eaton, Samuel, accused of attending a

conventicle, 284 ; refuses the ff-t>Jhcio

oath, 294; his connection with Ktsall,

316
Edmondes, Sir Thomas, his sentence in

Falkland's case, 24
Egge, John, refuses the cx-officio oath,

295
Elizabeth, Queen, scandal against, 306,

321

Enhancing the price of corn, 43, 82
Etsall, John, charged with erroneous

opinions, 316

INDEX.

Mfi

Ex-ejRew oath, the, urged, 285, 292-295;

300,309, 315
Extortion by a process server, 316

Falkland, Viscount (Henry Cary), case of,
2, 49, 56, 57

Fens, case of riots in the, 59

Ferman, Henry, charged with peculiar
opinions, 270

Feme, Joan, refuses the cx-officio oath,
294

Field, Theophilus, Bishop of St. David's,
argues with Lane, 1 88 ; his sentence
on Vicars, 230; thinks Hadley's case
should be dismissed, 241 ; his opinion
on Hartford's case, 242, 243; censures
Etsall, 320

Finch, Sir John, arguments by, 54, 92,
97, 98, 123, 143, 167

Fish, charged with bribery, 269; is re-
stored to his place, 273

Foljambe, Sir Francis, charged with alter-
ing a register, 66

Forestalling the market, case of, 82

Forgery, charge of, 40. 73, 77, 79

Free School, case relating to a, 38
p\ Free Warren, grant of, 145

Geering, called to answer as being dis-
satisfied with the ceremonies, 244, 269

Gibbons, Dr. charged with adultery, 277,
282

Goade, Dr. his sentence on Dr. Hooke,
252

Godwin, James, committed for resisting
a search for a priest, 261

Gorge, Sir Arthur, is insulted by Kelly,
112

Grafton, Ralph, a ringleader in a con-
venticle, 315; refuses the ex-offioio
oath, ib.

Granger, William, refuses the ex-offioio
oath, 295

Grenville, Sir Richard, charged with mis-
conduct to the Earl of Suffolk, 108;
charged with ill treating his wife, 265 :
ordered to grant alimony, 268

Grimston, Sir Harbottle, reference to, 275

Hadley, case of, 240
Harrison, his submission refused, 1 97
Harrison, Joseph, charged with drunken-
ness, 271

Harsnet, Samuel, Archbishop of York,
urges the cx-officio oath, 285 ; objects
to seats above the Communion Table,
302

Hartford, Anthony, referred to the High
Commission by the King, 24) ; gives a
bond to appear, 269

Harvey, Justice, his sentence on Archer,
45

Hatbands, fraudulent manufacture of, 115

Heath, Sir Robert, defends Lord Falk-
land, 6; pleads in a case of enhancing
corn, 44 ; speaks against raising the
price of corn, 88 ; gives sentence in the
case of Derbyshire mines, 100; inCasen's
case, 137; in a case of libel, 151; in the
Dean of Exeter's case, 1 69

Hickman, Richard, charged with swearing
and profligacy, 310

Holland, Amy, fails in appearing, 301 ;
petitions to be bailed, 307, 315

Holland. Elizabeth, sent for as a woman
of ill repute, 263, 268

Hooke, Dr., case against, 246 ; writes an
unmannerly letter, 263 ; compurgators
of, 276 ; is discharged, 284

How, Samuel, refuses the cx-vfficw oath,
294

Howes, Pennina, refuses the ex-officio
oath, 294

Hudson, Mr. arguments by, 94, 97, 131

Hunsdon, Lord, Archbishop Neile quotes
a saying of, 174

Hunting, question of right to interrupt,
145

Hyde, Sir Nicholas (Chief Justice of the
King's Bench), his sentence in Falk-
land's case, 17

Incontinence, the Dean of Ezeter, ac-
cused of, 136, 153 ; Robert Hickman
accused of, 310

Ireland, John, refuses the ex-officio oath,
293

Jackson, Sir John, assaulted by Lord

Savile, 145
Jacob, Sara, refuses to take the tr-*fflcio

oath, 292
Jermyn, Sir Thomas, his sentence in

Falkland's case, 23; gives sentence in

the case of Derbyshire mines, 103
Jones, Sara, refuses to go to church, 292
Judges, the, the Lord Keeper's speech to,

176
Justification, Mudford's opinion on, 313

INDEX.

Keeper, Lord. SM Coventry, Lord
Kelly, Theodore, insults Sir A. Gorge,
112

Lamb, Sir John, hit sentence on Vicars,
221 ; his sentence on Dr. Hooke, 254

Lane, Joan, charged with keeping con-
venticles, 191

Lane, Richard, peculiar opinions of, 188;
charged with keeping conventicles, 190;
his release refused. 275

Latroppe. John, charged with being the
minister of a conventicle, 279, 281;
refuses the eje-«ffir\o oath, 294

Laud, William, his sentence on Archer,
46; asks that persons rioting in church
may be punished, 72; gives sentence
in the case of Derbyshire wines, 104;
says that the tongue should not be the
soldier's weapon, 109; says that a man
who allows others than those of his
family to attend a chapel in his house
keeps a conventicle, 140; gives sen-
tence in a case of libel, 152; in the
Dean of Exeter's case, 172; thinks
Abbot's sentence on Pretty insufficient,
184; his sentence in Pretty's case, 185;
finds fault with Dr. Slater's dress. 186;
his opinion on Lady Willoughby's case,
187; argues with Lane, 188; thinks Sir
Charles Caesar ought to be put out of
the Commission. 190; speaks in Lane's
case, 193, 194; addresses a seminary
priest, 196; wishes the value of defaced
Roman Catholic articles to be restored,
i'6.; his sentence on Vicars, 234 ; his
opinion on Hartford's case, 242, 243;
objects to seats in church, 244; reproves
• minister for wearing a large band,
244; his sentence on Dr. Hooke, 258 ;
reproves Dr. Hooke. 264 ; inquires into
the opinions of Mudford and others on
justification, 9.10 ; orders Prynne to be
articled, 271 ; finds fault with persons

/attending a conventicle, 279, 284 ;
questions fotroppe, 293; defends the
Bishops against the charge of being
Roman Catholics, 296; finds fault with
/misprinted bibles, i4.; says that once
there were no seats in churches, 297 ;
objects to seats above the Communion
Table, 302; objects to unclerical dress,
303; wishes the printers who mis-
printed the Bible to be punished. 305;
threatens a party seized in a conven-
ticle, 308; orders articles to be brought

against Prynne, 314; wishes ballads to

be censured, i'A.; censures John Ktsall,

319, 320
Libel, relating to a free school, 38 ;

against a clergyman, 70; in raising a

scandal of adultery, 149
Lichfield, Bishop of. S« Morton, Thomas
Litton, Francis, charged with misconduct

in St. Paul's, 281 ; allowed to find bail,

298

LJandaff, Bishop of. Stt Murray, William
London, Bishop of. See Laud, William
Loog, George, accused of misappropriating

church property, 286
Lovelace, Lord (Richard Lovelace), pro-
cess served in a church on, 277
Lucar, Mark, does not know when he was

at church, 292; refuses the er-offleio

oath, 293
Lyttelton, Edward (Recorder of London),

arguments by, 93, 133, 162

Manchester, Earl of, Lord Privy Seal
(Henry Montague), his sentence in
Falkland's case, 32; on Archer, 47;
makes a remark in the case of the Fens,
64 ; censures a person for selling out of
market, 88; his opinion on Carrier's
case, 107; on the Dean of Exeter's case,
174

Manwairing, Roger, his preaching at St
Giles's, 300

Markets, forestalling the, 82; refusing to
bring corn to, 136

Marriage, case of the validity of Henry
Scroope's, 51; case of abduction for,
75; celebration of, without licence,
245, 307

Marten, Sir Henry, proposes to degrade
Pretty, 184; his sentence on Vicars,
221; thinks Hadley's case should be
dismissed, 241; his sentence on Dr.
Hooke, 254; complaint of Dr. Hooke
263; offers the rx-o^lcio oath, 285;
censures Etsallr 320

Massing vestments ordered to be defaced,
196

Melborne, Elizabeth, refuses the rjfvjjkio
oath, 295

Melborne, John, refuses the tx-effici9 oath,
295

Melborne, Mabel, refuses the ts-offido
oath, 295, 822

Mines in Derbyshire, case of, 89, 96

Morton, Thomas, Bishop of Lichfield and
Coventry, his sentence in Pretty's

INDEX.

327

case, 165; argues with Lane, 188; de-
nounces a seminary priest, 195; moves
that Harrison be degraded, 197; his
sentence on Viccars, 23 1 ; his sentence
on Dr. Hooke, 257

Mount norris, Lord (Francis Annesley),
opposes Falkland, 3

Mudford, Henry, charged with peculiar
opinions, 279,313

Murray, William, Bishop of Llandaff, his
sentence in Pretty's case, 185

Neile, Richard, Bishop of Winchester, his
sentence on Falkland, 25; makes a
statement about persons charged with
rioting in a church, 72; wishes that
marriage licenses were given according
to the canon, 77; gives sentence in the
case of Derbyshire mines, 103; his
opinion on Grenville's case, 109; thinks
that seats in church are a cause of dis-
cord, 140; quotes a saying of Lord
Hunsdon, 174; his sentence on Vicars,
233; finds fault with locks on pews,
244; his sentence on Dr. Hooke, 257

Newburgh, Lord Barrett of, Chancellor
of the Duchy of Lancaster (Edward
Barrett), his sentence on Falkland, 25

Newington, a conventicle taken in a wood
near, 308

Norfolk, alleged custom in, 87

Norton, Bonham, fraudulent transfer by,
94

Norwich, Bishop of. See White, Francis

Notary, misconduct of a, 311

Noy, William, Attorney-General, brings a
charge against the rioters in the Fens,
61; argues against forestalling the mar-
ket, 85 ; charges Kelly with provoking
to a challenge, 112; his argument
against Casen, 124

Orchard, William, charged with miscon-
duct as a notary, 3) 1

Packer, Henry, refuses the ex-officio oath,
295

Pembroke and Montgomery, Earl of
(Philip Herbert), his sentence in Falk-
land's case, 32

Perjury, charges of, 42, 77, 78, 140

Peterson, Robert (Dean of Exeter), is
accused of incontinence, 136, 153

Pews. See seats in church

Pickering, William, refuses the ex-officio

oath, 293
Plumpton, Sir Edward, his case against

Scroope and others, 51 ; is committed

for harbouring a seminary priest, 56;

declares that he did not know him to

be a priest, 57
Pretty, Samuel, charge of schism against,

181; is degraded, 188; relaxation of the

sentence on, 275 ; letter said to be

written to, 317
Priest, a Roman Catholic, harbouring of,

56, 57; a prisoner suspected to be, 195;

petition for relief to, 197; concealment

of 244; search for, 261
Prince, Le, of Balzac, contains scandal

against Queen Elizabeth, 305, 321
Printers. Sir Bible

Privy Seal. Lord. Sec Manchester, Earl of
Prynne, William, defends persons charged

with rioting in a church, 72 ; Laud

orders articles to be brought in against,

271, 314
Psalms, the misprinting of, 268

Register, charge of altering a, 66

Reignolds, Robert, refuses the ex-officio
oath, 295

Richardson, Sir Thomas (Chief Justice of
the Common Pleas), his sentence in
Falkland's case, 13; on Archer, 45;
lays down the law in Foljambe's case,
69; declares that there maybe a libel
in words, 7 1 ; doubts whether abduction
should be punished by fine or imprison-
ment, 77; gives evidence on Norfolk
customs, 87; speaks against raising the
price of corn, 88 ; gives sentence in the
case of Derbyshire mines, 100; in
Casen's case, 137; in the Dean of
Exeter's case, 170

Riot, charges of, 59, 66, 72

Rochester, Bishop of. Sec Bowie, John

Sacrament, the, kneeling at the reception
of, 72

St. Austin's, seats at, 282, 297, 306, 312

St. David's, Bishop of. Ste Field, Theo-
philus

St. Edmund's, at Salisbury, treatment of
a bishop's bones at, 303

St. Leonard's, seats above the Commu-
nion Table in, 302

St. Paul's, charge of misconduct in, 280

Stt

INDEX.

Sarsfteld. Sir Dominiclc, stated to have

conspired with Falkland, 2
Savage, Sir Arthur, supports a petition

against Falkland, 3; refuses to make

his submission, 49, 57
Savile, Viscount (Thomas Savile), charged

with assaulting Sir John Jackson, 145 ;

is fined, 146, 148
Schism. Pretty charged with, 181
Scroope, Henry, case of the validity of his

marriage, 51
Seats in church, dispute about, 139; claim

to, 243; placed above the Communion

Table, 282. 297, 302, 306, 312
Sergeant, Elizabeth, refuses the ex-officio

oath, 294

Shrovetide, pulling down a house at, 268
Simony, cases of, 239, 298, 321
Slater, William, confesses his fault in

adding a scandalous table to the Psalms,

186

Sompson, Mrs., claims a seat in church, 243
Sparkes, charged with mis-printing the

Psalms, 268

Stanton, prosecuted in two courts, 241
Suffolk, Earl of. his case against Sir R.

Grenville, 108

Talbot, Toby, refuses the ex-offifio oath,
293

Taylor, Richard, fined for jactitation of
adultery, 304

Tithes, questions about, referred to the
common law, 303

Tower of London, celebration of unli-
censed marriages in, 245, 307, 322

Travers, Samuel, charges the Dean of
Exeter with incondnency, 1 53 ; acknow-
ledges his offence, 180

Vane, Sir Henry, his sentence in Falk-
land's case, 23

Vicars, John, case of, 198; sentence of,
220 ; submission of, 273

Weldon, Walter, charged with appro-
priating Buihell's estate, 4

Welles, Thomas, case of, 260

Wentworth, Viscount (Thomas Went-
worth), his sentence in Falkland's case,
27

White, Francis, Bishop of Norwich, his
sentence in Pretty's case, 184 ; his sen-
tence on Vicars, 228 ; his sentence on
Dr. Hooke, 256

Whittacres, sells a book with scandal
against Queen Elizabeth, 305, 321

Will, case of forging of a, 73

Willoughby, Sir Robert, charged by his
wife with cruelty, 187; allows his wife
alimony if she refuses to live with him,
194

Wimbledon. Viscount (Edward Cecil),
gives sentence in the Dean of Exeter's
case, 173

Winchester, Bishop of. See Ncile. Richard

Woodwyne, John, refuses the cx-officio
oath, 295

Wootton under Edge, case of the free
school at, 38

Wright, Dr., charged with adultery, 282,
296

York, Archbishop of.
Samuel

See Harsnet,

WBRUKBTKB : PRINTED BY KICHOL8 A5D BOSS, 25, P1BUAMB* STREET.

REPORT OF THE COUNCIL

OF

THE CAMDEN SOCIETY,

READ AT THE GENERAL MEETING
ON THE SRD MAY, 18«6.

The Council of the Camden Society have to regret the loss, by death,
of the following Members during the past year —
FRANCIS CAPPKR BROOKE, Esq.
Sir STAFFORD CAREY.
Dr. GEORGE ELWES CORRIE, D.D.
Rev. HENRY THOMAS ELLACOMBE.
R. BOWNAS MACK ii.. Esq. M.P.
LORD PENRHYN.
WILLIAM J. THOMS, Esq. F.S.A.
Sir JOHN S. TRELAWNY.

The Council cannot but dwell with more than ordinary regret on the
loss that they and the Society have sustained in the death of Mr. Thorns,
whose name is familiar to every Member of the Society as its first acting
Secretary and the Editor of several of its Publications.

The following have been elected Members of the Society during the
past year : —

H. H. HENSON, Esq.

Rev. WALTER P. SMITH.

THE YOUNG MEN'S CHRISTIAN ASSOCIATION, New York.

2 REPORT OP THE COUNCIL, 1886.

One of the volumes promised in the last Report, the Third Volume of
the Lauderdale Papers, has been for some time in the hands of the
Members ; the other, Reports of Cases in the Star Chamber and the High
Commission, will he ready for the binder in a few days.

The delay in issuing the volume on the Troubles connected with the
Second Prayer Book of Edward VI. was occasioned by a difficulty with
regard to the Index, which was got over by an offer of the Rev. J. \V.
Ebsworth to undertake the making of it.

In the course of the coming year, it is proposed to issue only two
volumes, as each of them will be above the average size. They will be —

1. Selections from the Papers of Sir Edward Nicholas, Secretary of State to
Charles I. and Charles II. Vol. I. To be edited by G. F. WARNER, Esq.

2. Portions of the Cartulary of Battle Abbey. To be edited by S. R. BIRD,
Esq.

Both of these Volumes are now ready for the Press. The first of them,
which will reach to the year 1654, contains, amongst other matter, the half
of the Correspondence between Charles I. and Nicholas which was not
printed in the Appendix to Evelyn's Diary, and a considerable amount of
interesting material relating to the Court of Charles II. when he was in
exile. The other throws light upon the tenure of land and manorial
customs in the Thirteenth Century.

By order of the Council,

SAMUEL RAWSON GARDINER, Director.
JAMES GAIRDNER, Secretary. -

BALANCE SHEET 1885-86.

WE, the Auditors appointed to audit the Accounts pf the Camden Society, report
to the Society, that the Treasurer has exhibited to us an Account of the Receipts and
Expenditure from the 1st of April 1885 to the 31st of March 1886, and that \ve
have examined the said accounts, with the vouchers relating thereto, and find the same
to be correct and satisfactory.

And we further report that the following is an Abstract of the Receipts and
Expenditure during the period we have mentioned : —

RECEIPTS. £ i. d.

To Balance of last year's account... 237 8 8

Received on account of Members
whose Subscriptions were in ar-
rear at last Audit 16 3 0

The like on account of Subscriptions

dueon the 1st of May, 1885 204 3 0

The like on account of Subscriptions

due on the 1st of May, 1886 20 1 0

Two years' dividend on £466 3 1
3 per Cent. Consols, standing in
the names of the Trustees of the
Society, deducting Income Tax... 27 3 4

To Sale of Publications of past

years 10 18 0

To Saleof Promptorium Parvulorum

(3vols.ini) 4 10 0

£520 7 0

EXPENDITURE.
500 Copies Lauderdale Papers,

£ «.
Paid for printing

vol. in : :..... 79 8

Do. do. Troubles connected with the

Prayer Book, Edw. VI. ... 93 17 0

Paid for Miscellaneous Printing 490

Paid for delivery and transmission of Books, with
paper for wrappers, warehousing expenses, *c. (in-
cluding Insurance) 25 16 6

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Clerical Assistance 660

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Two Subscriptions returned 200

By Balance

£267 15
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£520 7 0

JAMES RAE.

Camden Society, London
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