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STACK AKSa
I/, 2^
THE
PREFACE
\T former Colle£lions hay'm^ bin found ufeful^ and
the intent of the Second Pare bein^ only to lengthen
the fame Clue^ that tnay guide the Reader through
the dark Labyrinth of more Years, there's the lej^need
of an IntroduBion to this Sook..
I feem to come to my ^ader where I left him, and to give him
my Hand to lead him into the further knowledg of what hath bin
done in his oim Country j J take it to be the great Sufinefs of every
JMan's Life to learn ivhat the World is, and what hath bin done, and
ivhat is doing in it, and n^on the Whole to judg what he ought to do •
and it is hut fit that of all parts of the World, every Man jheuld
know his own Country beji.
For that reafon I haVe chofen to be a Colle(5ber of Matters of
Fait, rather than to write in the ufual form of Hiftorians, to pre-
tend to have Jeen into the dark Qofets of States-Men and
Church- Mens SMinds, and to have viewed and 7neafured the firU
^Models by which they wrought. In fuch an Attempt I might have
bin a falje Guide to my Country-Men againfl my will, and had
ajfumcd to my fclf to be wifer than they.
'But wUljl I entertain the Reader only with a true and ftmple
'^Tixxsxwt of what wets done, and by whom, and when, every Man
is left to his natiVe freedom to judg of J^en and Things, to find
out the Caujes by the Ejfecls, to compare Tranjafiions pafl, with
fuch as now occur, to make his own Comment upon every FaB, and
from fiich Text to read to himfelf his own improvement, LeBures of
Trudcnce, Policy, and ^Morality.
Tk Reader ^mdd not have flaid fo many Tears in the Dark,
where 1 left him, at the Viffolution of the Parliament 4 Car. i .
if I could have bin footier permitted to have fent him through the
Trefs. J ^
A Thefe
ICGl'lBG
T
The Preface.
i
Theje further Lights amy conjlder'm^ Englifh-Man knows in
general, that after that time there was a great change m the way of
the EngUfh Government, ?io Parliament being held for twebe
Tears and upwards j one only met tpithout tnakmg a SeJ[ion by paf-
fmg an ^^, and was 'Dijfobed within three weeks.
I fuppoje mo^ Men cannot but ivijh to know in particnlar the
yfrts and Methods ufed in Government in Juch a' long fujpenfion
oj the Exeraje of the Supream Legiflative Tower ^ Jo that mither
the King could have any Jjfifiance from the People, to /up-
port the Honour, Strength , and Inter ejl of the Nation ; iior th i
People any 1{elief of their prefftng ^rievanccsy or any ^roVi-
fions ynade by Law for the Security and Advancement of their com-
mon Welfare.
1 hope every jiudious Reader may reafonably fatisfy himjelf by
the followmg Tapers, of the true State of the Government and
Kingdom, during the difcontifiuance of 'I arli anient, whilfl I keep
my Jelf clojetomy Province, of relating only tn my Annals the
Jeveral Proclamations, Commiffions, Inftrudtions, Orders,
oy Adts of Council-Table, Patents and Grants which then paffed ^
together with the profecution of the Jame^ by judgments. De-
crees, Orders, and other Proceedings of the (^ourts of Star-
Chamber, High-Commiffion ^ of the Preddent and Council
of the North, and fever al other Courts, * >
j It will be the Reader'^ part to call them all into Judgment, to Try,
Qondemn, or Acquit them, according to their feVeral Merits ; it be-
longs to him, by forming Inductions from the particular Facis, to
enable himfelf to underftand the Defigns then managed^ and tl^e
Methods propounded to cjfecl them.
The Kca-Aev may with eafe, by^fleiiions made upon thefe An-
nals, mform himjelf by whofe Counfels the i\ing Jleered ifT^-^
Government during the long Intermijfion of Parliaments -, Wlx^t
Means and Methods ipere defigned, praclijed, or attempted to
Mony for Jupport of the I^ng in Im way of Government w^thoi^t
Parliaments • What unujual Towers of Judicatory tvere ajfumed
arid exercijed in the menage of the Government during that time •
What Tnnctples and Maxims in Laip were endeavoured to be eft
bhpped ■ What DoElrine and Difcipli.ne were obtruded v the
Church of England • And what were the Ejfefls and Cc nces,
not only in England, but alfo in Scot]'\nd a7id Irelanu, of the
manner of governing whilJlTarliameni rpere difcontinued
Terhaps thefe Colledlions may be read by mojl occafonally -,
Jometimes the ^ader may dejire to be fatisfed what was done upon
Jome
-•-s —
The P K E r A c E.
jome Emergency or notable AcctJcnt • and jomcthnes to fee a parti-
cular Argument in Law, or a Decijion of jo)m memorable Qafc^ or
the TranjaBions of fome one Jear, (jew having leifure fo deliberately
to read all thefe Annals, as to obfa1>e nicely wi)OJe hands were moll
! conjlantly upon the Helm of the J\ingdom, from i 619 fo 1 640, or
by what (^des they jleered, either in the Matters of State, or the
I 'bijlribution of JuJhce,or the Affairs of the Church) ^ and for that
\reajonitmay be an eaje to tJx 'Reader to know before-hand theTer-
Jons that were upon the Stage, or in the Retiring ^om, in every Scene
of the whole Interval of Parliament, and the fveral Tarts they
^aaed.^
! The principal QnduCi of all Affairs about the Government, was
\ committed by the K^ng to three of hii Council, D>'. William Laud
j Arch Bif})op of Canterbury 5 James .iMarqueji of Hamilton,
I after Duke Hamilton ,• and Sir Thomas Wentworth, after
I (Baron, then Vicount, ani lajily Earl of Strafford • jnany other
noble Terfonages were of the K^ngs (j)uncil, but the Tower and
Authority rejled in theje, whofe Advices and T^jolutions in all the
SMatt€rs df State and highefi .'Moment [[ by the.r conflant correfpon-
dence when they were far dijlant each from other ^ vere brought to
the Council Table for (Countenance and Execution.
Tl)efe three great SMinifiers of State had each his more peculiar
Provin-e, yet they had all an influence on the whole Government.
T/;e Earl of Strafford refidcd much in Ireland, and was biify to
execute there the Advices which he had given his Majler at the Cou?i-
cil-Table, and juch mutual advices as were conjlantly given and re-
ceived between the Arch- 'Bif})Op and him Tlye Marquejf of Hamil-
ton had the Conducl of the Scotifli Affairs, yet with the concurrence
of tJie Arch-Bijl'/Op, who prejided in all the moH fecret Counciis
c..^ —ning all the three Kingdoms -, and the Addrcffes in Matters Tem-
poial M well as Spiritual, were made through him to the i\jng by the
, ^i^C^vjble Terjonages, T.his Triumvirate was Jokly depended
\if^rn' pr Advice in th great-ejl Exigencies of the Crown. It ap-
pears by the Arch-Bi prop's own Diary, that after ten Years dfccnti-
nuance of Tarliajnents, the Advice was from thefe three great
i4?tf to the IQngto call a ^Parliament • the Arch-'Bifl)Op entredit u^n
the s t«i^ December 1639, thu^ :
T-.3i4^%^J^!'»ng this day declared his Refolution for a Parlia-
ment, u.?>ale of the Scbfifli Rebellion -, and thefiril Mo-
vers of " ;vere, the Lor- Deputy of Ireland, the Marquefs
of Hamilton, andmySelt- and the Refolution voted at the
Board to Aflift the King in extraordinary Ways, if the Parlia-
A z menc
The Preface.
j menc fliould prove peevifli and rehile, <jrc. Ami before the
Council did then rife^ it was declared the Parliament tP(ts to meet the
I yhof April, 1640.
The Reader will need no fuller fatisfaclion of the influence
which this Arch-Bifhop/W upon the King, than his own Diary ^
and for that reajon I haVe injerted it in the beginning of je^^eral
Tears in thefe Annals : l^ot knowing how to relate more imfiartiallyy
or to eVince more clearly the truth of the Matter of Fadt, which that
Diary contains^ ejfecially in Jome particulars, which would haVe bin
of "Very doubtful credit y had they dropt from any Ten but the Arch-
Biniop'5 own.
I p?all in^ance only in one Fa6l entred in this Diary; the Offer
made to him by a Meffengcr from the Fope of a Cardinal's-Cap,
and his Anjwer, That fomewhat dwelt within him which
would not iuffer that, until ^ome were otherwife than it is.
Few would either haye believed that the Papifts Veftgns of Jtibverting
the Proteftant Religion were advanced in thofe days to that height
of Hope, (^ to attempt the Metropolitan of England to accept of
juch a preferment frotn Kome, or that fo great a Counfellor and
J^i}ii[ier of State to the Ki. g fJ;ould fuffer juch a hold Attempt
againfl his Qroivn and Dignity , and fuch an Underminer of the
Proteftant Religion to pa/s away unqueflionedj to profecute his
Treafonable Dellgns, of Introducing a Foreign Power and
Religion.
I c en fur e not that Great Prelat for what he did, or omitted ; but I
give the Reader tk reafon of my inferting his Diary, being willing
to put it out of doubt who ivere the King'j moji confiding Cabinet
Counfellors in the Tears ivhereof thefe Annals give an Ac-
count.
yifter the Diffolution of that Parliament, ivherein the Petition
of Right wa^ granted, a Proclamation came forth, forbidding
tlye Teople to raije or nourip) Reports or falje Rumors of Parlia-
ment; and it feems (by what followed) rk Kingdom for twelve
Tears together was zoverncd imthout a Parliament.
One of the firfl Fruits of thofe Advices to the Kfng, was to pro-
vide well for the Support of his Crown, that there might be
fuffcient Supplies of Monies to anfwer aU its Wants during the
IntermiJJhn of Parliaments, and there wanted not thofe that had Va-
riety of Inventions to draw Mony from the Teople, whilfi ?mte could
be charged u^on them in the Ancient Legal Courfe.
The frfl Advice that ivas given, was not only to cofitinueTun-
nage and Poundage ipithout any conjent of Parliament, but alfo
to
The Preface.
to inhance the Book of Rates upon fe'Veral ^Merchants Goods, and
the Colleclwns of jiich ^tes to be mjorced out of tl?e Courfe of
ordinary Courts of Juftice.
The tiext Vefign for Mony was, by Proclamation to reViVe
an ohjolete Law about Knighthood, under colour whereof Summons
were Jent throughout the ^ngdom to every Man pojfejjed for three
Tears of 40 /. per Annum, who did not appear before the King
at his (pronation to be 7?ude a Knight, to jubmit to fuch Fines as
they could compound for j and James Maleverer of Arncliff, in
the Qounty of York, Ef]^ put himfelf upon the Judgment of the
Court of Exchequer, iW;df f me f/;9i jhouldtknk jit to impofe up-
on him : but the Court doubtmg the Law would not bear them out,
refufed that Regular Courfe of impojmg a fine, and put the ^arty
Jubmitting, to go and compound with Commif toners in the CoHntry,
contrary to the intent of the Law,
Another AdVice to advance the King's Revenue, was, To grant
patents tt;;t/erf/;e Great Seal • by which Monopolies were crea-
ted, VI a manner, of all forts of Commodities ; as Soap, Salt,
Wine, Leather, Sea-Cole, Cards, pins, even to the fole ga-
thering of Rags ; which Projects were countenanced with the name
of Incorporations. J^ndthe Titles of all Proclamations counte-
nancing the new Corporations, <w well as Proclamations of
Matters of State, are put in the end of every Xedr, in order of
limefin the 'Body of the Colled:ions, andfome in the Appendix.
jinothcr Advice Wtts given, to raije a Revenue for the King,
by granting of Commfjions under the Great Seal /or Offenders to
Compound ^ and the better to effeEi the fame, fome Examples itfere
nude by Sentence in the High Court of Star-Chamber againjl fe-
Veral TerJons,to pay great Fines, a^ for Depopulations, Nufartces
in Building between High and Low-Water Mark, for pre-
tended Encroachments upon the Forefts, wit/; other things of that
nature, and accordingly Qommifftons were iffued out, and Offenders in
that kind did compound, which brought in a con fider able ^Venue.
'But of all the Inventions for raijmg of Monies during the liiter-
miffon of Pa.x\\a.ments, fk Ship- Writs (as they were called) for
impofng Ships and Furniture upon every part of the IQngdom, upon
the Inland <w well as upon the Port-To wns,dW taxing Mony for the
fame at the King's ^leajure, by his Writ exprejjed ; and that it4 often
and in as great proportion as his Majefty jlmil judg needful, wa6 the
greateji diffatisfaclion to many of the ISobility and Gentry • thej alledg-
i7ig that ivay of Supply included in it jelf a claim of the King'i unta
the whole Eftates of the Kingdom, iphen he would Jay he ivanted
B Monies
» 0*»MH<f'»'*
I
The Preface.
SMonies upon that Gccafton, the Judges haVmv then declared the
King to be the fole Judg of the Danger.
TheDijputes and Contcjls that aroje from this way of levying
Monies, will be found m the follomng Annals j and the Author hath
related that great and memorable Caje of Ship-Mony more fiUbf
than other Sy becaufe there is Jo much excellent Learning p)ewed m
the Argun:ients made therein before all the Judges of England in
the Exchequer Chamber, which were ne'Ver yet publijhd in ^rint :
therefore he hath felecled out the Arguments made by two of the
Counfel, viz. Oliver St. John of Lincolns-Inn EJq- his Argu-
ment for Mr. Hambden, and Hir John Banks J^. the King'^
jittorny (general hts Argument for the King ^ both which, and all
the Arguments of the reji of the Qounfel^as aljo of the twelve Judges,
the Author took with his own Ten verbatim (as near as he could) ex-
cept fometimes through defeH in hearing, by fome accidental interrup-
tion, a Word, or the exaB time of a %ecord, or other Taffage might
happen to be omitted.
In theje Arguments the youtig Students of the Law wiH find
S^datters of great Antiquity before the Qonquejl, mentioned a^ perti-
nent to this Cafe, out of Ancient Authorities and Hiftorians in
the time of the Saxons and Danes, made ufe of as introdu^iye to
this Cafe of Ship-Mony. ^nd fuch mention is alfo made of
Matters of State, as comes near Arcana Regni, of a higher na-
ture than the Arguments in any other known Cafe, the highe^
Prerogative of the King in Cafes of the greateji Exigency being
there brought into debate.
^nd that the Reader may more clearly fidg of the Confequence of
theC2i(e, the jiuthor hath annexed an Account of what Mony was
levied out of every County by virtue of this Tax, the fame
amounting to about looooo I. per Annum /or five Years, astnay
appear by the inferted Mcount oj Sir William Ruflel then Treajurer
of the Navy.
The Reader will alfo find in thefe Colle<5lions, a large Account
of the Proceedings in the Court of Star-Chamber for ten
fears j Jo7ne Cafes are briefly reported, others more confiderable are
Jet down at large ; with Jome Speeches rnade by the Lords when
they gave Sentence in open Court, as in the Ca(e of William
Prinn Efp^ when he lofi his Ears the fecond time j and in the Cafe
of the Bi^op of Lincoln, when he was twice fetttenced in that
Court, and imprijoned in the Tower j and in divers other Re-
markable Cafes.
Lihmfe
The Preface,
Likeimfc the Reader ivill find a particular aivi large Account of
the Tranladlions of Affairs m Scotland, when in the Year 1 6 2 7,
the firft Spark of Vijcontent there brake out ; and when yMarquefs
Hamilton, the King's High Conamiffioner , the next Year
(1638) was fent down to compoje the Differences and Conmmo-
tions in that Kingdom, but without effeSl. And the next Year
after ( 1 6 5 9 J when the King marched with an Army againjl the
Scots, and encamped near Berwick, where the Author then was
when a Pacification was concluded ^ a^s lihwife at the Fight at
Kewborne; t/;f Great Council ^t York, W Treaty at Rip-
pon, Anno 1 640. At all which T laces the Author was prefent^
andit s hoped the K^di^tt will find much Jatisfaclion in 4 pundlual
Account of the TranU(5tion of Affairs in thofe Places.
And 04 for a clear Account of the Proceedings in Scotland
during the faid Years J fk Author is the better enabled to giye the
fame, by the help of that exa[i Hiflory of the Lives of the two
Duke Hamiltonsj written by that Learned Divine Dr. Gilbert
Burnet i tphofe Example ^ in fetting ^om?« Vouchers for what he
doth write, is a worthy and good Example for any Hiftorian to
follow.
And another help to the Author was, the Records of Scotland,
whilfi they remained here, which after the taking of Sterling-G?/?/?,
were brought from thence to be kept in the Tower of London.
77;e Author al/o endea'Voured to get what othr Informations
he could, by Proclamations, Declarations, and Proteftations,
pro and con, concerning thofe Commotions in Scotland ,« all
which Matters, and aljo other things, throughout the whole Col-
lections, the Author fets down for mofi part at large, becaufe
he would not confine the Reader to his Abftra6t, nor limit him to
7ninutes of material Evidences of Truth, except it be in fome
lef confiderable Matters, and hopes the Reader will pardon him for
fo doing.
Another thing fomewhat confiderable, which the Author doth
mention^ {with iphich fome Kea.dets, ynartially inclind, will not be
dif^leajed) is an account of A<[l:ions of War, and Military Pro-
ceedings in Germany, wherein the Subjefls of Great Britain
were concerned, upon the Jending o^^er of fix thoufand ^"Men, under
theQondu^of jMarquefs Hamilton, in the Year i6i,\, to affifl
the King of Sweden, in order to the ^coyery of the Palati-
nate, zjrc. Andalfoof the Proceedings of the Ambaffadors
fent upon Treaties with the Emperor,* aiid afterwards ivith the
King of Sweden, about the %efiitution of the Prince Eledtor
B z Palatine
The Preface,
Palatine to his Patrimony. GiVmg likewije a brief Account of
feme Battels, and other notahk Encounters and Engagements,
wherein the Englifh and Scotifh Subjects of the King of Great
Britain were concerned j with a Lift of the Commanders Names
ivho went with thoje 6000 Men in that Expedition. |
The Author hath adventured to go further in thefe Colle6lions
in point of Time, than he intended when he came fr^ to the Trejsy
purpojin? then only to proceed during twelve Years and odd months In-
terval of Parliament, ( except the Parliament that met the
1 ith of April 1 640, which continued fitting three weeks., of which
the Author gives a large Account) and to end the third of "Novem-
ber 1 640, when another Parliament met ^ hut finding the Tajfa-
^w ^tf/;e Great Council ^t York, and Treaty dfRippon, did
i come fo near the time of the meeting of that Parliament, as that
the King and that Great Council arrived at London hut
two or three days before the Parliament met : And forafnuch as
the King m his Speech immediately after, on Novemb. 3. did take
notice of the Proceedings of the /W Great Council and Trea-
ty, fk Author hath thought ft to give an Account of forne Re-
markable Partages during the firji fix months of that Tarliamejity
and of the Speeches of fome eminent JMemhers thereof who fpake
their apprehcnfon of tM then State of the three Kjtngdoms : And the
Reader I hope will be the better informedj becauje the Speeches are
(for the moji part) ofthofe WlQtnhers who tvere with the King at
Oxford, and adhered to His Caufe during the time of the /^fc "Un-
happy War.
Laflly., Tl)e Author, in regard he iPOS enforced to a more than
ordinary hajle^in fending forth this his Second Part of Collections,
defires to be excujedy if any thing be inijplaced out of Order of Time,
or any other defeH in marnialing of his Materials. And for the Errors
of the Treji., he intreats a favourable Cenjure^ becaufe the Trinters
alfo laboured under the Jame difadvantage with himfelf upon the ac-
count of Expedition.
The Author had many other confderable Scatters to impart during
the faid firfl fix tnonths, but a great part thereof ts ufefully and
pertmently injertedin the Trial of Thomas Earl of Strafford, and
will be fhortly publifl^ed by the Auzhor of theje Collections'^ which
being done, if he be encouraged to proceed with his Third Part, he
intends the fame (hall commence where hts Second Part efideth,
rendring an Account^ from that time^of Taffages Civil and Military,
until the month of April, 1653, when that Parliament, iMch m
procef^ of time^ empaled the Name of the Long Parliament,
was broken up. . <^
REMAINS.
(I )
REMAINS
O F
iftorical Colledions.
For the Year, 1629.
N the Preface to this fecond Part, the Author
acquaints the Reader how it happened that
thefe followir^ Additions, which come under
the Title of T^mains,were omitted in the firft.
Part of Hijiorical CoUe&iotts^ and not then in-
(erted in the Year 1629,35 was intended.
Among the things (fo omitted) no menti-
on was made of an Expreffion in the Diary of
Dr. William Laud^ then Bifhop of Londot?, of
which the fublequent Parliament took fpecial notice, (viz..) That that
Parliament which teas Dijjblved (the Ki»g beittg frefent) upon the loth
<?/ March, 4. Car. i. had laboured his Ruin. And probably the reafbn
for that Memento might be, becaufe the Houfe of Commons in their
Thmonjirance in that Parliament had reflefted upon that Bifhop. Un-
to which T{emonflrance an Anfwer was given in the King's Name, (but
omitted alfo in the Firft Part) penned by the faid Biftiop of London,
being of his own hand-writing, produced afterwards at his Trial, and
was to this efFeft.
WE are not bound (faith his Majefty) to give an account of our
Anions to any but to God onlysyet out of the Honour and In-
tegrity of our Grace, the Love and Care of our People, the great
and hearty defire we have to take off all Fears and Jealoufies from
our Loyal and Loving Subjefts, We have thought fit to declare thefe
Reafons following, why we have called in this Remonftrance, which
yet we prefume and conftantly believe was framed and delivered up
unto us with good Intentions, tho by a mifguided Zeal.
' For firft. That Remonftrance begins at Religion, and fears inno-
vation of it by Popery : But we would have our Subjefts of all forts
to call to mind what Difficulties and Dangers we endured, not many
years fince for Rehgion's fake, that we are the fame ftill, and our
Holy Religion is as precious to us as it is, or can be to any of them,
and we will no more admit Innovation therein, than they that think
they have done well in fearing it fo much.
' Tis true, that all Effeds expedcd have not followed upon the Pe-
tition delivered at Oxford, but we are in leaft fault s for that Supply
being not afforded us, difenabled us to execute all that was defired,
andcaufedtheftay of tho(e legal Proceedings which have helped to
fwell up this T^monjirance 5 yet let all the Counties of England be
examined, and London and the Suburbs with them, neither is there
fuch a noted increafe of Papifts, nor fuch caufe of fear as is made ,
B
5 Caroli.
"nor
The King's
Anf«rer to the
Commons
Rcnionilrance.
^emam of
An. 1629.
Dr. Ltiud Bp
of London-i^xA
Dr. Neale Bp
of yVincbf-Jfer.
Ireland.
' nor hath any amounted to (uch an odious tolerating as is charged
' upon it, nor near any fuch.
' For that Commiffion Co much complain'd of, both the Matter and
' Intent of it are utterly miftaken •■, for it doth not dilpenfe with any
' Penalty, or any courfeto be taken with any Papifts, for the exerciie
' of their Religion •■> no, nor with the pecuniary MulS:, or not-Con-
' formity to ours. It was advifed, for the increafe of our Profit, and
' the returning of that into our Purfe : which abufc, or connivance of
' Inferior Minirters, might, perhaps, divert anodier way : if that, or
' any other (hall be abufed in the Execution, we will be ready to pu-
' nifti upon any )uft Complaint.
' The next Fear is, the daily growth and fpreading of the Jfrminian
' Fa&ion^ call'd, a cunning way to bring in Topety 5 but we hold this
' Charge as great a wrong to our Self and our Government, as the
' former 5 for our People mufl not be taught by a Parliament T^emon-
'■firance^ or any other way, That we are (b ignorant of Truth, or fo
' carelefs of the profeffion of it, that any Opinion, or FaQion, or
' whatfoevcr it be call'd, (hould thruft it ielf fo far, and fo faft into
' our Kingdoms, without our knowledg of it. This is a mere Dream
' of them that make, and would make our Loyal and Loving People
' think we ileep the while.
' In this Charge there is great wrong done to two Eminent Prelates
' that attend oUr Perfon : for they are accus'd without producing any
' the leaft (liew, or (hadow of proof againft them ; and (hould they,
' or any other, attempt Innovation of Rehgion, either by that open,
' or any cunning way, we fliould quickly take other order with them,
' arid not ftay for your T(emonjlrance.
' To help on this, our People are made believe, there is a Reftraint
' of Books Orthodoxal : but we are fure, fince the laft Parliament be-
' gan, fome, whom the T(emonflrance calls Orthodox, have affuraed
' to themfelves an unfufFerable liberty in Printing. Our Proclamation
' commanded a Reftraint on both (ides, till the Paffions of Men might
' fubfide and calm: And had this bin obey'd,as it ought,we had not now
' bin toffed in this Tempeft f, and for any diftrcfling or difcountenan-
'cingofGood Preachers, we know there is none, if they be (as
"•they are called) Good, but our good People (hall never want that
' Spiritual Comfort which is due unto them. And, for the Prefer-
' ments which we beftow, we have ever made it our great care to
' give them, as Rewards of Defert and Pains : But as the Preferments
' are ours, fo will we be Judg of the Defert our Self, and not to be
' taught by a T^monjirance.
' For Ireland, We think, in cafe of Religion, it is not wor(e than
Queen Elizabeth left it , and for other Affairs, it is as good as we
found it, nay, perhaps better : And we take it for a great difpa-
ragement of our Government, that it (liould be voiced. That New
Monafteries, Nunneries, and other Superftitious Houfes are ereded
and repleni(hcd in Dublin, and other great Towns of that our King-
dom : for we aflfure our Self^ our Deputy, and Council there, will
not (iifFer God and our Government fo to be difhonoured, but we
(hould have had fome account of it from them ; and we may not
endure to have our good People thus milled with Shews.
' There is likewife fomewhat confiderable in the Time when thele
' Practices
Hiftorical (Collections,
1 3
pradices to undermine true Religion in our Kingdom are (et on Foot.
The Remonftrance tells us it is now, when Religion is oppos'd by-
open Force in all other Parts : but We muft tell Our People, there
are no undermining pradlices at Home againft it, if They praftifc not
againft it that (eem moft to labour for it. For while Religion feems
to be contended for in fuch a Faftious way ("which cannot be God's
way) the heat of that doth often melt away that, which it labours
earneftly (but perhaps not wifely) to prefcrve. And, for God's
Judgments which We and our People have felt, and have caufe to
fear. We (hall prevent them beft by a true and religious Remon-
ftrance of the amendment of our Lives, &■€.
5 CaroU.
Upon the Diflolutionof the laft Parliament, the People were highly
dilcontented, and uttered unpleafing Speeches and Dilcourles ^ That
if a Parliament was not prefently called again, all things would be un-
{etled and out of Order, and Trading would fail, and Contefts would
arife about Tunnage and Poundage, (&c.
Whereupon his Majefty put forth a Proclamation, on the 27/^ of
Mrfjv^, for fuppreffing of falfe Rumors touching Parliaments, to
this Effcdt.
' That notwithftanding his Majefties late Declaration for (atisfyingof
* the Minds and Affedions of his loving Subjefts, (bme ill difpofed
' Perfons do fpread falfe and pernicious Rumors abroad, as if the fcan-
' dalous and feditious Propofition in the Houfe of Commons, tumultu-
' oufly taken up by fome few, after that by his Majefties Royal Au-
I ' thority he had commanded their Adjournment, had been the Vote of
1 ' the whole Houfe, whereas the contrary is the Truth ; which Propo-
I ' iuion was a thing of a moft wicked and dangerous Confequence to
i ' the good eftate of this Kingdom, and it appeareth to be fb by thofe
I ' impreflions which this falfe Rumor hath made in Mens Minds,where-
' by, out of caufelefs Fears, the Trade of the Kingdom is difturbed,
j * and Merchants difcouraged to continue their wonted Traffique.
\ * His Majefty hath thought it expedient, not only to maniteft the Truth
{ ' thereof, but to make known his Royal Pleafure ^ that thofe who
', ' raife, or nourifh falfe Reports, (hall be feverely punifhed •■, and fuch
i * as chearfuUy go on with their Trades, have all good encouragement •-,
\ ' not purpofing to overcharge his Subjefts by any new Burthens ,
[i ' but to fiitisfy himfelf with thofe Duties that were received by the
' King his Father of Blefled Memory, which His now Majefty neither
' can, nor will difpenfe withal. And Whereas ^ for feveral ill ends, the
' calling again of a Parliament is divulged, howfbever his Majefty hath
! ' fhcwcd by his frequent meeting with his People, his Love to the ufe
I ' of Parliaments •■, Yet the late abufe having, for the prefent, driven
I ' his Majefty unwillingly out of that Courfe : He (hall account it pre-
! ' fumption for any to prefcribe any time to his Majefty for Parliaments ,
I ' the Calling, Continuing, and DifTolving of which is always in the
i ' Kings own Power. And his Majefty (hall be more inclineable to meet
: ' in Parliament again, when his People (hall fee more clearly into his
' Intents and Aftions ^ when fuch as have bred this interruption fliall
' receive their condign Punifhment, and thofe who are mifled by them,
' and fuch ill Reports as are raifed upon this occafion, (hall come to a
' better underftanding of his Majefty and Themfclves.
B2 The
Againft falfe
Rumors of
Parliament.
Remains of
.><^. 1629.
Y>\iVi oi Rehan
March, II.
I6i8.
»9-
The Duke of
Rohan's Letter
to the King.
The Duke of i^*/w»,the Head of the Proteftant Party of the Refor-
med Religion in -Fr^ce, (not knowing that the King of£»g/j;7cihad
diflolved the Parliament) implored his further Aid, on the behalf of
the Reformed Churches in France, in a Letter dated the 12th o^ March
1628. being two days after the Parliament was diflolved , and was to
this effect.
SIR,
THe deplorable accident of the lofofKoc\\t\ which God hathpleafed to
permit to humble us under hn hand^ hith redoubled^ in the Spirit of
our Enemies^ the pajjion which they ha^efot our Rttine , and the hopes ic at-
tain thereunto : but it liath not tal^n away from thofe Churches of the "Tro-
vinces that Courage, or Affe&ion ofoppoftng, by a juft and vigorous defence,
to their unjujl Dedgns. Thk is that which hath made them takf up a Re-
fohition, and ajfemble themjelves together -..nd to jiand in a Body amidji
theje Commotions, to ajj/ji me with tkci, ^ood Counfd, and provide, with
me means for their Deliverance. And becanfc the moji powerful Means^
which God hath raifed them upon Earth, is the Aid whidi our Churches
haze received, and do expeEf from your Mijcjly, the general Alfembly have
dcjired. That my Letter (which fokly hitherto rcprefented unto your e^JaJe-
Jiy the Intereji of the publick^ Cauf) might be Joined to the moft humble
Supplication, which they rep'efent. I do it. Sir, with fo much the more
AffeClion, becaufe I am Witnefs', that this poor People breath after your Af-
(ijlance, having once laid down their Arms, which the Opprcjjwn of the Ene-
my made Jo necejjary : and becauje they h:ew it was jour de^re, took^ them
up again, when they learned that your ALiJcJiy obliged them to it by your
Counfel, and by your Promijes. Upon this jcle AJfarance, they have expo-
fed tkemfelves to all Dangers, overcome aliObjtacles^ conjttmed their Goods,
and are jlill ready to Jf>il/ their Blood, even unto the laji drop. Your good
Will they have found more dear than their Lizes: and, notwithjianding the
Promifes and Menaces, which their Enemies have made ujc of to move
them, they have not been induced to make any T^rcach of thoji Oaths, by
which they were tied nez'cr to hearken to any Treaty, but with your Majejiies
Conjent. All the Churches of this 'Kingdom, whu i are linked together to
an unexampled fdelity, are glorious Obje&s of your Charity and Power.
V<m are (Sir) Defender of that Faith, which they profefs'. Do not Jiif-
fer it to be unjujily opprejfed : Xou havejiirred up their Affections by your
Royal Promiles, and thoje facred Words, That your Mujejiy would employ
all the T^ower of your Kingdoms tojheild thofe Churches from the ruine that
threatned them, and have been, next to the favour of God, the only Foun-
dation of their Hopes i, they have alfo thought it to be one of the higheji
Crimes they could commit, to doidt oftheperjormance thereof If the begin-
ning of their ,^iferies hath moved your Compajjion, this fad Jhbjcci hath
imreufed upon them with fo much Violence, that there is nothing, but your
Ajfijlanee can prevent their abfolute DeJiruCiion: for at this cLty the great ejl
M/Jdemeanors which our 'Enemies accufe us of, and publifi, that it cannot
be expiated, but by our Blood, is the imploring and hoping for jour Ajfijlanee.
Our Goods for this are conjijiatcd and dejiroyed ; our Farms dejolate and
burned to Ajljes ; our Heads expofed to the Block,:, our Families banijlied ;
our Temples demolijhed. And every where, where the cruelty of our heinous
Enemies can extend. Men and Women are beaten to MaS with Staves.
h
Hiflorical Collections.
5
In J])ort^ the Horror unci Pcrfeuttmt we endure if Jo great, that our Words
are too vpeuk^ to exprejs'tken/.
Furthermore, We fee, even at our Doors, the fovcerfiil Armies, which
only wait tl e time to dejiroj thofe retiring places that are left, and after that^
hanip the exercije of Religion, and niajjacrc the Faithful throughout the
Kingdom. Hereupon, iflJJjould intreat your Majejiy not to Abandon us j
I far iy thcfe Words to offend a great King,foporverful,andfo faithful: but
I will tal^e upon me the boldncfs, by reafon of our pjvjjing necejfities^ tofuppli-
cate your ready ^JJiJhnce, to hinder our falling under the Jirength of our
Enemies. Tour Alajejiy need notfearch elfewhere, but in your own profound
Wifdom and Experience, to render your fuccor redoubtable to thofe that de-
fpife it, and advantageous to thofe ^People that expe& it. By this means you
rvrll gain the greatejl Glory that can bedelircdj you will free from Fire and
Sword 300000 Families, which pray to God continually for your 'Projpe-
rityt, w/ll prcfrve al^eopkj whom God hath purchajed by his Blood, and
that have kept their Faith toivards God and Man amidft the great efi Diflra-
liions and cruel Sufferings ; will place the Fidelity of your Word, the Re-
putation of your St/te, and your Armies in a point worthy of Jo much
Grandeur, and, in checking the boldnejs of thofe, who undertake to blaji it
daily with unworthy Reproaches , will add to yourTitlc that of the Reftorer
of the moft innocent People in the World, and the mofl: inhumanely
per(ccuted.
As to my orvn Concerns, Sir, I make no mention to your Majejiy of my
TntereJ}. I might (having the Honour to be what I am) do it without
blame, cis to outward appearance : but it is jb long (ince Ihad confecrated
them to the ufe of the Publick 7 ihat I Jliall always ejleem my condition happy
enough, provided the Chirch be not miferable 5 and that 1 may have this ad-
vantage, to be ktiown byfuch occajions which your Majejiy doth not dij prove
of, that I am.
5 taroli.
^t Rohan the 12th
of M-Avch, 1629.
Your Majeflies Moji Humble,
and mojl Obedient Servant.
HENRY of ROHAN.
An Addiefs
from the De-
the
Chuiches.
Deputies came al(b from the Reformed Churches, and gave the King
to underftai)d,that they were informed a Treaty of Peace was intended ,
to be propounded, between the two Crowns of England and France, a'eformed
by fome Minifters of Forreign Princes. That in cafe the Treaty do
(iiccced, they humbly pray his Miijefty of Gre4?5r;^7i'w, to infiftupon
the Capitulation made upon his Mediation, and for which he palled
his Word, that the Reformed Churches Ihould perform on their parts,
which they kept inviolably, till there were Forces placed, and kept in
Forts againft them, contrary to the Capitulation 5 and fo, in their own
Defence, were neceffitated to take up Arms.
To the Duke of Rohan's Letter, His Majefty returned an Anfwer,
which was to this efFed.
' That his Majefty underftands there is an Intention,by the Mediation
' of fome Forreign Princes, to propole a Peace between the two
' Crowns o^ England 2ind France, which probably he may incline unto ^
'and
TheF.fte.'^of
the King' \n-
fwei- to the D.
ot Rohan.
6
Remains of
.^v. 1629.
The Duke of
Rohan fceks to
the French
King
Peace.
for a
March 24.
A Petition of
the diftrenfed
Rechel Cap-
tains.
' and therefore advifeth the (aid Duke^ and thofe of the Informed 'Z^e-
' ligio»^ timely to apply themdlves to the French KiKg, and to get as
' advantageous Terms for himfelf, and tho(e engaged with him, as he
' could procure : The King further informing the Duke, that he was
' conftrained to diffolve the Parliament, which he had lately reaflem-
' bled, from whom he expefted further Supplies of Mony ; but failing
' thereof, he was not in a condition to contribute foch farther Aid and
' Affiftance, either by Mony or Arms, as the Duke of Rohan, and
' thofe that adhered unto him, might exped, and their prelcnt NecefTi-
' ties require , His Majefty expreffing his forrow, that the Condition
' of his Affairs was fuch, that he could not anfwer his and their Ex-
' peftation.
The Duke of Rohan, upon the afbrementiond advice of the King
of England, forthwith made Addrefs to the French King, in order to
a Peace, on behalf of himfelf, De Sotihkze, and others of the Refor-
med Religion engaged with them : To which Addrefs, after fome in-
difpofition thereunto in the French King, He at lalt agreed upon Ar-
ticles, and Hoftages were given, and a Peace concluded accordingly,
and performed on both fides f and an Aft of Parliament paffed in
France to confirm the Articles of Peace fo agreed upon.
AT this time there was delivered to the Lords of the Privy Coun-
cil, an Humble Petition of John Talbott, Edward Porter, Henry
TeUier, and John Shepheard, the four Englifh Captains employed by
his Majefty in the defence of T^chel, during the whole time of the
Siege.
They humbly offer unto your Lordfhips Confideration, the great
Miferies and Pains they endured during the Siege in T^ochel, being
above 14 months feeding long on Hides and Parchments, and ftinted
in that.
That during that time the Petitioners, had every' one of them
dedufted 5 j. 6 d. the week out of their Pay, by the Pay-Mafter,
which he pretended to be for Billet Money ; whereas the Petitioners,
and their Officers did, when Viftuals was to be had for Mony, buy
fuch Viftuals as they had, at a very dear rate, from the Rochelkrs, put-
ting his Majefty to no Charge at all for the fame.
That your Petitioners were at extraordinary charge, above 200/. a
Man to maintain themfelves and their Companies in that miferable
Service, for Cloaths and other NecefTaries, for which they grew in-
debted, and ftill owe unto the Englifh Merchants trading there.
They therefore pray their Lordfhips to take the Premifesinto confi-
deration.
To this Petition, their Lordfhips returned Anfwer ^
That they do take notice of the Petitioners great Sufferings, and as
occafion may be offered, for his Majefty 's Service, they will be mind-
ful of them.
The Bifiiop of London, after the Diflblution of the (aid Parlia-
ment, thought it his Duty to prefent to his Majefty certain Confide-
rations in reference to the Church, Entituled ;
Conjldcrations
Hifiorical Collections,
7
Conjiderations for the better jcttlhig of the Qhurch-
^oVernment.
THat his Majeft y Avould be gracioufly plcafed 5
(1.) To command the Lords, the Billiops, tO their feveral Sees,
excepting thole which are in attendance at Court.
(2.) That none of them refidc upon his Land, or Lea(c that he
hath purchafed, or on his Commordam^ if he hold any, but in one of
his Epifcopal Houfes , and that he wafte not the Woods where any
are left.
C3.J That they give charge in their Triennial Vifitations, and at
other times, both by themfelves, and the Arch-Deacon, that the De-
claration,for feding the Queftions in difference be ftriftly obferved.
('4.J That a fpecial charge be given them againft frequent and un-
worthy Ordinations.
C5.J That a fpecial care be had over the Lefturers in every Dio-
ct% which by reafon of their Pay are the People's Creatures, and
blow the Bellows of their Sedition.
For the abating of whofe Power, thefe ways may be taken.
I. That the Afternoon Sermons in all Parifhes may be turned into
Catechifing, by Queftions and Anfwers, according to an Order fet
out by King J.mes^ of bleffed Memory.
If this cannot be, then.
2. That every Biftiop ordain in his Diocefs, That every Lefturer do
read Divine Service in his Surplice before the Lefture.
9. That where a Ledure is fet up in a Market-Town, it be read by
a Combination of Grave and Orthodox Divines near ad joining.
4. That if an Incorporation do maintain a Ledurer, that he be
not fuffered to Preach, till he take upon him Cure of Souls within
that Incorporation.
5. That the Biftiop do countenance and encourage the grave Or-
thodox Divines of his Clergy, and gain them in the (everal quarters
of his Diocefs, to be prefent at fuch Lefturers Sermons, as are near
them ; that fo the Biftiop may have knowledg.
6. That the Bi (hop fufler none under Noble-Men, and Men quali-
fied by Law, to have any private Chaplain in his Houfe.
7. That his Majefty may be gracioufly pleafed, that Men of Cou-
rage, Gravity, and Experience in Government, be preferred to Bi-
(hopricks.
8. That Emanuel and Sydney Colleges in Cambridge which are the
Nurferies of Puritanifm, may from time to time be provided of Grave
and Orthodox Men for their Governors.
9. That his Majefty 's high Commilfion be countenanced by the pre-
fence of fbme of his Majefly's Privy Council, fb oft at leaft as any
matter of moment is to be fentenced.
10. That fome courfe may be taken that the Judges may not fend fo
many Prohibitions.
II. That
5 Caroli.
The Biftiop of
London prt-
fents a Paper
CO the King
concerning the
Church-Go-
vcrnmeat.
8
Remains of
His Majefties
Declaration as
to Religion,
Liberty and
Property.
^«. 1629. 1 II. That his Majefty would be gracioufly pleafed, once in half a
L<?'*\/*c>j I year, to call for an account of all, or fo many of thefe as he in His
Wifdom (hall think fit.
A confidcration alfo to be had,
1. As to the general Feoffees for Benefices and Preferments.
2. A new authorifing of the In junctions.
Alfo after the Diffolution of the (aid Parliament, his Majefly moft
gracioufly declares himfelf as to Religion, and the Right and Property
of the Subjeft '-, ' That it is, and always hath bin Our hearts defire,to
' be found worthy of that Title, which We account the moft glorious
' in all our QxawnJ^e fender oftheFatth.'Ntither (hal We ever give way
' to the authorizing of any thing, whereby zny Innovation may fteal or
' creep into the Church, but to prefervc that Unity of Doftrine and
' Difcipline eftabliftied in the time of Queen Elizabeth^ whereby the
' Church of England hath ftood and flourilhed ever fince ; And that
' We have by Our Proclamation and Commandment, ordered the
' Laws to be put in Execution againft Priefts and PopiQi Recufants, to
'fortify all ways and approaches againft that Forreign Enemy.
' And as We have bin careful (faith his Majefty) for the (etling of Re-
' ligion, and quieting the Church, fo wereWe not unmindful of the pre-
' fervation of thejuft & ancient Liberties of our Subjefts, which we fecu-
* red to them by Our gracious Anfwer to the Petition in Parliament, ha-
*ving not fince that time done any Adt whereby to infringe them 5 but
* Our care is,and hereafter ftiallbe, to keep them entire and inviolable,
'as We would do our own Right and Soveraignty,having for that pur-
' pofe enrolled the Petition and Anfwer in our Courts of Juftice.
As his Majefty thus declared himfelf concerning Religion, and the
Subjects Right and Property, fo the Lords of the Privy Council did
proceed in fetling the Militia of the Kingdom, and of Tunnage and
Poundage, to preferve the Narrow Seas. Alfo to put the Laws in exe-
cution againft Popifti Recufants 5 to which purpofe thefe particular
Orders and Direftioiis were given.
1. As concerning Tunnage and Poundage, (the great Conteft in
the laft Sefllons of Parliament) the Privy Council thus proceeded:
They direfted Warrants to the Officers of the Cuftoms in the Port of
London, to feize and detain the Goods of any that fhall attempt to
Land without Warrant, till the Cuftoms be paid.
2. And they farther ordered 3 That fuch Merchants Goods as re-
mained on Ship-board, be removed into Store-Houfes at the Cujiom-
Keji , and, for want of Room, into the Tower, to remain there, till
his Majefties Duties, and the Freight due to Ship-Mafters, were fatif^
fied.
5. And whereas Attempts were made by Replevin, direded to the
Sheriff of London, to obtain thofe Goods out of the King's Store-
Houfes, the MefTengers of the Council were appointed to detain them
in their keeping 5 and to apprehend, and keep in fafe cuftody, all
Perfbns that fhould make refiftance in this Cafe.
4. Alio Letters of Command were fent unto the Officers and Chief
Magiftrates of moft Ports of the Kingdom, to aflift the Officers of
the
Cuftoms of
Tunnage and
Poundage re-
quired to b«
paid.
Wjlorical Collection,
9
the Cuftonis, in cafe of oppofition, that might be made by Refraftory
Pcrfons,
5. In like manner Sir Fratick Cottington v^zs authorized to call be-
fore him thofe Merchants that had bin truflcd by the Collectors for
Sums grown due by Cuftoms, and protradtcd the payment thereof;
and to require them, without delay, to pay in the feveral Sums which
they owe tohisMajefty^ and upon refufal, to injoin them to attend
the Lords of the Council.
6. "i^rhard Chambers, whofe Goods were detained in the Commif-
fioners hands, for non-payment of Cuftoms, being fined to hisMajefty
in the Sum of 2000/. in the Court oi" Star-Chamber j and the Fine
cftrcatcJ in the Exchequer^ and from thence Procefi of Extent ifTued
out to levy the dime. It was afterwards ordered by the Court o( Ex-
chequer^ that the Goods fhould be delivered to the (aid Chambers, upon
payment of fo much Mony into the Court, as the Duties demanded
for the King did amount unto; or levying of fo much Goods as
fhould amount to double the value of tho(e Monies. The Privy-
Council requiied the Commiflioners not to deliver the Goods, until
the Fine was firft levied ; the. Order of the Exchequer no ways in-
tending, or being intended to prevent the lame, and then to obferve
the Order of Court.
7. About the fime time a Ship returning from the Strcights, laden
with ftore of line Wares, belonging to the London-Merchants, and
confign'd for Lojidot?, was appointed by the Merchants to come to an
Anchor in Dovtr-K^OTiA : Whereupon the Council being informed
that the Merchants intended to defraud the King of his Cuftoms, by
u'llading their Goods into Catches, and other fmali VelTels, and
Landing at unlawful Hours, in obfcure places, commanded the Offi-
cers of /)<JZ'er to take a particular account of the Goods, and to put
them into Store-houfes ; unlefs fecurity was given to fend them to the
Cuftom-Houle Key at hondott. But a farther ground of the Warrant
was this ; becaufe the Merchants were purpoled to fend their Goods
into HoUatrd in Catches, and not to land them at all •-, which purpose
was held by divers Merchants ; and afterwards an Order was made
againft this (ecrct Conveying of Wares and Merchandizes beyond Sea
in Catches, and other fmall VefTels, to defraud the King of his Cu-
ftoms.
8. There was alfo a ftrid Order made, enabling the MefTengers of
the Council-Table, to enter into any Ship, or VefTel, Houfe, Ware-
Hou(e, or Cellar ; and to (carch in any Trunk or Cheft,and to break
any Bulk whatf()ever, in default of the payment of Cuftoms ; and
to apprehend all Perfons that (hall give out any (candalous Speeches
againft his Majeftics fervice, orcaufe any difturbance.
For the Publick Defence and Safety, by the fetled Militia of the
Nation, (the Trained Bands) this courfe was taken. The Privy-
Council, in their Letters of Inftruftion to the Lords Lievtenants of
Counties, expreffing the King's Difpleafure, at the great negleftof
Mufters in moft parts of the Kingdom, required them to take care
that the Trained Forces, both Horfe and Foot, be compleat, accord-
ing to the Modern Fathion, and be perfeftly inftrufted in the Exer-
cife of Arms : And that the Captains and Officers be able to perform
their feveral Charges ; and that both Officers and Souldiers be not
C only
5 Carol/,
Rich, Cham-
ters his goods
feized for non-
pajnienr of
Cufti ms ;and
his Fine of
1000 /. in the
Star-Chamber
not to be ex-
tended upon
the Goods.
Merchants de-
fign to fend
their goods be-
yond Ssas, to
avoid paving
of Culioins.
Orders to
feaichinWare-
houfes, ^c.
in cafe a de~
fault be made
to pay Cu-
floms.
MilitUoi the
Kingdom for
Public defence
and fafety.
10
Remains of
I
^/!. 1629.
Lord Mavor of
London i Or-
der for Mili-
tia.
Captains of
Train'd Bands.
Muftei-mailcr.
only able and fufficient Men, but wcU-aflfefted in Religion ^ that they
take the Oaths of Allegiance and Supremacy 5 and that if a Soldier en-
rol'd remove his dwelling out of the Town or Parifh of his abode,
notice be given thereof to the Deputy-Leiutenants of that Divilion^
to the end that in cafe he have I-icence to depart, his Company may
be made up again. And in cafe any Mannor, Manfion-Houfes, or
Lands, which formerly found, or contributed toward the finding of
Horfe, or Foot, do not furnilh the Muftcrs, as formerly, by reafbn
of the dividing of fuch Eftate among Co-heirs, or coming into the
hands of any Joynters, or Tenant in Dower, or the purchafe of new
Owners, that the fame be fupplied by the Owners, or Occupiers
thereof^ that no fuch alteration may diminilli the Bands, which fhould
rather be increafed, efpecially the Horfe. That the beft fort of Men
provide themfelves Arms for their particular ufe 5 that the Beacons be
repaired, and continued in good Order ^ that a proportion of Pow-
der, Match and Bullets be kept in the Magazines. And in regard of
the great deficiency in the Horfe-Bands; and Neglect in thofe that
fhould fhew their Horfes, it was required that good Bond be taken for
his Majefties ufe, of thofe that fhew not, or whofe Horfes, Arms and
Furniture are deficient, that they fhall perfbnally appear with
their Horfes and Arms, to fhew them on the firft of OCioier
next.
The Lord Mayor of London received the like command concerning
the Trained Forces within the City, and concerning the Arms and Fur-
niture, the Commanders and Officers, and a convenient Magazine.
Moreover,the Council taking into Confideration the Unwillingnefs,
Exxufes and Refufals of fbme Gentlemen to undertake and perform the
difcharge of Captains of Trained Bands, which are the ordinary For-
ces and Strength of the Kingdom : Declared and Ordered, That the
Lord-Leiutenants, in the Counties of their Leiutenancy, fhall appoint
for Captains, upon the vacancy of the Charge, fiich Gentlemen as
they fhall find mofk fit and capable : and they fhall return to the
Board the Narfjes of all Rich as fhall refufe to undertake, or execute
the fame, that they may be proceeded with in fuch manner, as their
Contempt in a Cafe of this Nature and Importance fhall deferve.
And for the exercifing and keeping of the Train'd Bands in good
Equipage and Order, each County was Ajjejfed at a certain Rate, for
the entertainment of a MuHer-Ma^er^ who was appointed for that
Service : this Money was to be granted by the Grand Jury, and col-
lefted by the High Conftab.'es of every Hundred ; thePerfbns refiiflng
this pajTTient, are to be returned to the Council-Table.
But divers refufing to fubmit to thefe Taxes, the Lieutenants and
Deputy-Lieutenants were commanded to fign the Aflefsment with their
own hands ^ that if any fhould deny hereafter to pay, they fhould
make them enter into Bond to anfwer this their Contempt at the
Council-Table.
Alfo
Hiftorical (Collections.
AKb after the Diflblution of the Parliament, a new occafion is offe-
red to his Majefty of expreffing his fenfc of, and his zeal againft Popifh
Recufants.
AS We were careful to make up all Breaches and Rents in Reli-
gion at home, fo did VVc by Our Proclamation and Command-
ment for the execution of the Laws againft Priefts and Popifh Rccu-
(iints, fortify all ways and approaches againft that Forreign Enemy i
which if it hath not fuccceded according to our Intention, We muft
lay the fault where it is, in the fubordinate Officers and Minifters in
the Country, by whofc Remifnefs Jefuits and Priefts efcape without
Apprehcnfion, qfid Recufants from tho(e Conviftions and Penalties
which the Law and Our Commandment would have infliftcd on
thcra.
II
5 Carol/.
PopilTi Recu-
fjnts to be
prolecutcd.
And his Majefty in Council made a ftrid Order to feize upon all
Ef7glijl) going to Emballadors Houfes to hear Mafs, requiring the
Lord Mayor and Sheriffs, Juftices of Peace, and others, to afTift the
King's Meliengers, in the apprehending of any of the King's Subjefts
going to Mafs, requiring the Laws to be put in execution againft them.
And, to fhew the clearnefs of his Intention, doth declare that he hath
begun already at his own Houfe, not permitting any to go to the
Queen's Chappel, but thofe of the Queen's own Houfe who do attend
her, and requires the Privy-Council to acquaint Forreign Embafladors
with this his Intention.
About this time alfb the Lords of the Council Ordered the Attorney
General to take care, that the Statute ^ Jacobi be put in execution a-
[gainft Recufants dwelling within ID Miles of Lof/don -^ and that the
Statute of Confinement be executed againft all fuch of them as are
! Lodgers about the City : and that he caufe a Bill of Indidment to be
I Exhibited at the nextSeflions,, againft the Keeper of New- Prifbn, for
\ fuffering Priefts committed to his Cuftody to walk abroad at their
I Pleafure.
I About the fame time a Letter was fent from the Council to the High
i Sheriff, and Juftices of Peace in Northumberland^ exprelling how his '
\ Majefty was credibly informed that the number of Popifh Recufants i
5 in that County, which of late years was very fmall, is now through
I too much remifnefs in the execution of the Laws againft them,increa(ed
to fuch an exccffive number, as hath given his Majefty juft caufe to be
\ highly difpleafed therewith, and may juftly give exceeding great of-
I fence to all his wel!-affcfted Subjefts, Wherefore they thought fit
I (as they Declare) for the timely preventing the farther growth of fuch
i an unfuflerable Evil, whereby Almighty God is difhonourcd, his Ma-
i jeftics moft gracious and Religious Government may be traduced, and
i the Peace and Safety of the Kingdom endangered, to fignify unto
I them hisMajeftiesexprcfs Pleafiire, that they make cxaft inquiry into
} the number of Popifh Recufants Convidted, or Unconvicted, which
i may be juftly fiifpecled, and return a Certificate. Alfo that they take
I care that the Laws againft them be put in execution without Partiali-
I ty or Connivance ^ and that they give unto the Board a faithful ac-
count of their Proceedings herein, as they tender the good of Religion,
C 2 the
Rcciifjnt<: 9^^-
i 1^ V(i En'l 'i
piohibiteu.
lc>
Tl'.cSt?rute 5
Jac. to be pat
in Execution.
Recufants in
N:rtb:iniL-er-
Li'id not pio-
iccuted accor-
ding; to Law.
12
Remains of
Pi iefts and )e-
fiiits to be lent
to Wisliich-
^M. 1629.1 the happy Government of the Common- wealth, and as they would a-
void his Majefties great Difpleadire.
And for putting the Laws and Statutes in Execution made againft
Jefuits, Priefts, Popi(h Recufints and others who had taken Orders
by Authority derived or pretended to be derived from the See of
Rome^ a Proclamation iilued forth that they be proceeded againft and
brought to Trial. It was therein farther DecLired, that if upon Trial
they (hall be Convided, and if there be caule to refpite the Execution
of any of them, it was refblved not to let them lie in common Goals,
bur, according to the example offormer times, to fend them to the Ca-
ftle of Wisbuh^ or fome other (afe Prifon, there to remain in ftrait
and clofe Cuftody.
In purfuance of which Proclamation the Lords of the Council wrote
their Letter to the Biftiop of £/;-, thereby fignifying the King's Plca-
fureand Command, that he do forthwith prepare and make ready tlic
Caftle of f^r^j/'/f/) in the Iflc of £/y, to lodg all Priefts, Jefoits, (6c,
which (hall be fent thither. Giving him notice alfb at that time that
one Southvpood a Romifh Prieft, is to be removed to that place.
PrieRs and Je-
fuits in Scot.
Uad.
Corporation
of Siarch-m.i-
kcrs.
In Scotland alfb, the Priefts and Jefiiits were very aftive in promo-
ting their Religion ; the People in many places coming publickly to
Mafs, being chiefly countenanced thereunto by Marquefs Humley^
Earl of Nidsdale, Athol, Abercorn, and (brae others of the Nobility of
Si oiLwd of the Roman-Catholic Religion. But this gave fuch great
diftafte to the Council of Scotland,, that they proceeded by way of Pro-
ccfs againft the (aid Marquefs and Earl, who flying into England for
refjge, and not appearing according to Summons, were all of
them put to the Horn 5 but in England they found no good reception,
and lb returned.
Thefe things beforementioned of publick Concern for the Kingdom
being fettled by the Lords of the Privy Council, they in the Month of
Jtdj this Year thought it their Duty to take into Confideration what
probable ways might be taken to get Supply for his Majefty 5 and the
fitft thing taken into Confideration, was to raife Moneys by his Maje-
fties granting of Patents to incorporate Companies, and to bring Re-
venues thereby yearly into the Exchequer, by Indentures between
His Majefty on the one part, and the Patentees on the other part.
In profecution of which Defign it was thought fit to confirm a Grant
made by King James to incorporate the Starch-makers into a Compa-
ny, ordering them Rules for the making of Starch, and avoiding an-
noyances thereby. Whereupon his now Majefty for the better regula-
ting that Trade,appointed a Surveyor to overfee the fimein every part,
and that his Majefty 's Conimijjioners,, which hereafter to that purpofe
he lliall appoint, ftiall be ready to hear and diipatch all Complaints
touching the Premifes^ and iif they fhall find any, whofe offence and
miidemeanor deferves to be made more exemplary, they are to take
care that fuch Offenders fliall undergo the ccnfure and feverity of the
Court of S tar-Chamber for that contempt of the King's Prerogative
Royal ; and alfe> that all Juftices of the Peace, Mayors, Sheriffs, &C.
ftiall caufe all and every the Offenders, whofe offences deferve exem-
plary Punifliment againft any Branch, Article or part of his Majefties
Royal proclamation (Dated the ^oth of June") to be bound with
Sureties
HijloYical Collections.
13
for their appearance before
the Court of Star-Chamber^
Sureties in good Bond to the King's Ufe,
the King and the Privy Cotmcil^ and in
there to anfvver their Contempts.
Afterwards there was a Contraft by Indenture, between the King
of the one part, and the Maftcr, Wardens, and Affiftants, and Com-
monalty of the Society of Starch-Makers ofLvnclon on the other part,
whereby the faid Society doth covenant to pay into his Majeftics Ex-
chequer, the fum of 1500 /. for the firft Year 5 and for the (econd
Year, the lum of 2 500 /. And after the (aid two Years ftiall be ended,
to pay per annum to his Majefty 3500 /.
Next to this, it was propodd to raife Monies by Compofition with
Recufants, as in the following Order is expreft.
WKercas his, Majefty had formerly granted feveral Commiflions
for Leafing l>ands of RecuGtnts, lyable to Forfeitures t with
Inftruftions for the direftion of his Commiffioners in that Service :
and in expeftance of a due Reformation of the manifold Neglefts
and Abufes of his Inferior Otficers and others, whereby that part of
his Revenue had been much leilened, and thole who were backward
in their Religion, encouraged to perfift in their obftinacy and
blindncfs, his Majefty hath now cau(ed thole Commiffions and In-
ftrudions to be revived, and in many parts altered, for his Majefties
better Profit and Service.
All which was publiflied by Proclamation, to the intent that (uch as
ihould be willing to contraft, or to farther the fervicc on that behalf,
might attend the (aid Commillioners.
And whereas (bme had contraded for fuch Leales, who did not (uc
out the (amc, his Majefties declared Will and Pleafure was, That (uch
Per(bns who had (b contrafted, fhould pafs their Leafes under Seal be-
fore the end of Michaelma^ Term next, or elfe their Contrafts to be
utterly void.
On the i&fth of March^ 16*^, A (econd Proclamation was iffued
out for the Apprehenfion of Richard Smith, a Popi(h Prieft, ftyl'd,
and calling himfelf the Bifhop of Calcedon, to this effed.
' nr'Hat his Majefty by his Proclamation, bearing date the i ith day
' 1. of December h(i pzi\, (for the ;Reafons therein exprelfed) did
(traitly command,That none of his Subjefts (hould harbor or conceal
the (iiid Smith, but that forthwith they (hould arreft and apprehend
hisBody,and bring him before the next Juftice of the Peace to the place
where he fhould be apprehended ; whom his Majefty thereby com-
mands to be committed to Pri(bn without Bail or Mainpri(c ; and
pre(ently to inform his Majefty, or his Privy Council of his Appre-
henfion. And the King did thereby declare , That if any Perfon
(hould then after, direftly or indireftly, harbor or conceal the (aid
Smith, or u(e or connive at any means whereby the (aid Smith might
e(cape from being apprehended or arrefted, that his Ma jeft:y fhould
extend the utmod: (everity of his Laws againfb every fuch Offender,
as by his Proclamation more at large appears. Which Proclamation
hath not yet wrought that good Effeft which his Majefty expcfted ;
' the
5 Carol/.
Recufants to
compound for
their Forfei-
tures.
Concerning
the Biiliop of
t.;/iCi/</«,.l Po-
pilh Piielt.
H
"Remains of
.x///. 1629.
' the (aid Smth being ftill hidden and harboured by thole, \vho bcin^
' infcded and blinded with Popifh Superftition, prefer their Kefpcdts
' to him, before their Duty to their King, and the fear of his high
'difpleafure, and the Confequence thereof. His Majelly thcreforc,by
' the Advice of his Privy Council, hath thought fit by this his (econd
' Proclamation, to renev/ his former Command in that behalf
' And to the end that none of his Subjefts may hereafter excufe
'themlelves, by a pretended ignorance of the danger they fliall fall
^ into, it they fhall harbour or conceal him. His Majefty doth hereby
' publiftiand declare. That the faid Smith is not only a Popifli Pricft,
' and with high prefumption taketh upon him to excrcife Ecclefiadi-
' cal Juri{Hid:ion,pretended to be deriv'd from the See of Rome^ within
' this Realm, and endeavoureth to (educe the King's Subjefts from
' the True Religion eftabliftied in the Church of Et/gland^ (which by
' God's Affiftance, his Majefty (hall ever conftantly maintain) but doth
' alio (editioufly andtraiteroufly hold correlpondence with the King's
' Enemies, tending to the difturbance of the State.
' And therefore his Majefly doth now again renew his former Com-
'mandforthe Apprehenfionof the faid Smith -^ and doth hereby far-
' ther fignify, That whoibever fhall lodg, harbor, or relieve the (aid
' Smithy or any other Prieft, Jefuit, or other, having taken Orders by
' Authority pretended to be derived from the See of Rcme^ ihall incur
' the danger of the King's Laws made againtt the Harborers, Lodgers,
' and Relievers ofPriefts, to the full extent thereof 5 which by the
' Statutes of this Realm is Felony.
' And the King doth further hereby declare. That wholbevcr (hall
' di(cover the faidiSw/Y/), and cau(e him to be apprehended, as afore-
' (aid, fliall have a Reward of om Htwdred pounds in Mony, to be pre-
' (cntly paid unto him by the King --, and (hall alfo have the benelit of
' fuch Penalties and Forfeitures, which (hall or may accrue unto his
' Maje(ty,and be forfeited by that Per(bn in who(e Hou(e the faid Smith
' (hall be found to have bin harboured or concealed.
'And his Majelly doth farther charge and command hereby (as by his
' former Proclamation His Majefty did ) all and lingular the Judges,
' Juflices of the Peace,Mayors,SherifFs, Gonftables, and all other his Of-
'ficers, Miniflers, and Loving Subjefts^ that if they (hall find any
' Perlbn olTcnding herein, that then they, and every of them, pro-
' ceed with all diligence and readinels, not only againft the (aid
' Smith, but alio againlt all fuch as (hall harbor, conceal, or connive
' at his Concealment 5 or fliall not ufe their beft endeavours for his
' Dilcovery and Apprehenfion, according to the utmo(t extent of the
' Laws.
This Brlhop, as is hereafter mentioned, had bin, fincethe laft year
of King James, (everely perlecuted by the Regular Priefts in England,
who at laft over-power' d the Bilhop's Fd6tion here, and forced him to
fly for fuccor into, France^ where we was receiv'd by Cardinal Ri-
ihdkn.
Le Mdifre and
Rudefindus,
write on he-
half of the
Bilhop.
It may not be impertinent to give fome account of this Bifhop of
CalcedoK^ and of what efteem he had here in England in the exercifing
of his Fundlion.
Kk
Hifiorkal Collections.
5
N. le Ma/Jire a Sorbon Prieft, writes thus of him ; That after the
Death of IViUiam Biftlop of Calcedon in England^ moft of the Secular
Priejis, together with the Benedi&ims.^ for the advancement Of the
T^mip Cathohc Rehgion, became Suitors to the Pope and his Con-
clave, to have one or more Biftiops created by the Pope to be lent
over into England^ to ordain Priefts, give Confirmation, and exer-
ci(e Epilcopal JurifHiclion there. The Tegular Trkjis^ and fome
others here, did ftifly oppofe this Defign, but the Epifcopal Secular and
Be»edi&we Party prevaihng, Pope Urban by his fpecial Bull, bearing
date the 4^/j of ^K^«/?, A^no 1625, created T^chard Smith Birtiopof
Calcedofr, and (ent him over into England to exercife Epifcopal Jurif
diftion, and to be Superintendent over the Priefts within the Englifh
Dominions, according to the Tenure of his Bull. But the Tegular
Tr/ejis writ divers printed Treatiles againft Epi(copacy, and the in-
conveniency of having a Bifhop in England, whole Books were refer-
red to the Examination of the Faculty of Park, and there cenfured ,
but they raifed up fuch a Faftion and Perlecution againft this their
New Billiop of Calcedon in England and Ireland among the Popifh
Party, that they chaced him out of England into France, where he
was entertained by Cardinal l^ichlicu.
And the faid Le Maijhe writeth further. That this Bifhop was a
moft Illuftrious Champion, <&-c. fit to be letled in England, xr^here the
heat of Per/edition hath ceafed, through the dignity of a magnanimous
King, and mojl invincible Prince by the Bourbonian Star, rchich hangs
over thefe Countries in a mojl dear Wife 5 by which Stars, peradventure the
Tempeji of T^erfecution will in time be appeafed, &c.
And Father T^decindus, Prefident of the Englifl) Benedi&incs,
writes to the Sacred Congregation, confecrated to the Propagation
of the Faith,dated from the Covent of St. Gregory of the Benedictines,
at DoTvay in Flanders ^ wherein (among other things) he doth with
great dolor of mind lament theOppofition given to Matthew Kellyfon
and T^chard Smith, antient Priefts, who, among others, were nomi-
nated to his moft holy Lord, to undergo the Epilcopal Charge in the
Englifh Miflion, (for he reckons above 60 BenediQine Monks in Eng-
land fubjeft to his Congregation, and does prepare far more in their
Covents to the Funftions of Miflion) j and doth teftify that the faid
venerable Priefts, Dr. Matthew Kellyfon and Dr. T^ichard Smith, are
in great veneration in England ; and that Dr. Kellyfon was chief Pro-
fefTor of Divinity for many years in the Univeriity of Themes ^ and
that Dr. Richard Smith was firft conjoined in the Society of Studies to
the moft Learned Bifhop of Lujfion, now Cardinal of Rickheu 5 and
concludes, We Benedi&ines, your humble Servants and Sons, do hum-
bly pray that you will be pleafed to grant a Bifhop to our England-, fee-
ing that no Province of the Cathohc World hath more need of one,
the obfcrvance of Ecckfiaftical Difcipline being not able to be pre-
ftrved without Epifcopal Authority. Neither is it to be doubted, for we
have already feen the good Juccefs under the firft Btfjop, that another
Bijhop being conjiituted, you would behold more joyful Frmts within one
two years in the Englifl) M/jfion, than hitherto ye havt beheld for 60 years
now elupfed. And we fee not why the Regulars, with their Privileges
given them by the Apoftolic See, may not as happily agree with a
Biftiop
5 Caroli.
i6
Remains of
Alarch 29.
1629.
ALibel againft
1 the Biftiop of
Irifh Agents.
The Lord De-
puties Com-
miffion to the
Irif} Agents
for Munfitr.
Biftiop and Secular Clergy in the Englifti Miffion,as well as we lee they
every where do out di England^ &cc.
The Bifliop o^'Lcndon in his Diary on the 29//) of M^rr/), in which
Month the Parliament was Diliolved, makes this Memorial follow-
ing.
On Sunday, two Papers were found in the Dean ofT^auls Yard be-
fore his Houfe, the one was to this etFeft concerning my felf LAVD,
Lookto thji felf, be ajfured thy Life is fought^ as thou art the Fomtahi of
all Wickednefj Repent thee of thy niottfirtioifs Sins before thou be taken out
offklVorld, Sec. ^nd ajfure thy fdf neither God nor the World can en-
dure ftich a liile Councellor to live, or fitch a Whifperer, or to this efFeft.
The other was as bad againft the Lord Treafurer. Mafter Dean deli-
vered both Papers to the King that Night.
Lord (faid the Bifhop) Ia>na grievous Sinner, but I befeech thee de-
liver my Soul from them that hate me without a caufe.
Ireland having been a long time without a Parliament, and Grie-
vances upon the People abounding in that Kingdom, the Lord Faulh^
land then Lord Deputy condefcended to the defires of the Nobility and
Gentry of that Kingdom, that each Province in Ireland (hould chule
fit Perfons to go into England to attend upon his Majefty, and prefent
what they had to offer on behalf of themfelves, and the People ; to
which purpofe he gave them leave to name Commiflioners for every
Province, and particular Commiffions were granted accordingly, and
this which followeth was granted to the Province of Alunfiei: The
reft of the Commiffions to other Provinces being to the fame efFedl.
WHereas it hath pleafed the Right Honourable the Lord Deputy,
upon the humble fuit of fbme of the Nobility of this Realm,
in behalf of themfelves and other his Majefties Subjefts here 5 That
fbme fit Agents (hould be fent over into England to prefent unto His
Majefty fuch things as may be to the behoof of his Majefties Service
and good of this Kingdom 5 His Lordfhip hath condefcended to the
faid luit, and authorized by his Lordfhips Letters of the 26th of June
1627, the Gentlemen and Freeholders of the feveral Counties of the
Province of Munfier, and the feveral Corporations of the fame, to
affemble and agree upon fuch Agents for the faid Province to make
the faid Propositions as they fhould think fit.
Which faid Letters of the Lord Deputy's were feconded and con-
firmed by other Letters of his Lordfhipsto the fame effeit, dated the
16th of July, the year aforefaid.
' We the Agents of the feveral Counties, and Corporations of the
' faid Province, have accordingly met at Fcrmoy the laft of Augujl the
' Year aforefaid, and have by common Aflent nominated, deputed and
' appointed,like as by thefe Prefents we do nominate, depute and appoint
' our Trufty and well beloved John Lord Baron of Carraghmore, Sir
' Edward Fitz-HarrfS Baronet, Sir John Mead Knight, and Richard
' Osborn Efquii'e, to be our Agents for the faid Province of Munfier ^
'and
Hijlorrcal Collect torn.
I
7
• and do appoint and authorize them or any of them, to join with the
' Accents of the reft of the Provinces of this Ringdorn, in prclcniiny;
' of our Grievances to the King's mofl: Excellent Vlajefly^ratifying and
' allowing what our fiid Agents, or any three of them, ihall do. Wit-
ne(s our hands the laft of Anguji^ 1627.
Signed
Sir William SarsJieU.
Sir Daniel Ohr'tan^ Sec.
h-jT^i
The Commiflioners arriving at Court in the Month of September,
prefented the following Petition to his Majefty.
Tie Humble Petition of pur SMajeJlies SuhjeSls, appointed Agents
to prefer certain Humble ^cjuejls and petitions to your High-
nejsj in the behalf of your Kingdom of Irelandc
Uumhly Jl.)evpeth^
Hat your Majefties Suppliants did in the behalf of your
Subjefts of Ireland offer unto your Majefty to remit and rc-
leafe unto your Hignefs 150000 /. or thereabouts already
' borrowed from them, or paid to your Majefties Army there,
' and further to grant three Subfidies to be paid in the next three Years,
' which humble offers your Petitioners are now only authorized to
' make ^ as alfb do prefcnt certain humble Rcquefts to your Highnefs,
' according to the inftruft'ons given them, of your Majefties faithful
' Subjefts of your Kingdom of Ireland : which Offers though they do
' not extend to that Greatnefs, as from your Highnefles other more
' flouriihing Kingdoms may be expeded, yet confidering the State and
' Poverty of the laid Kingdom, they areas much as the Subjeftsare
' poflibly able to afford at this time,
' And left it might be conceived or be objedted by any, that thefe
' Offers are in any fiich kind as though your Hignefs's faid Subjeftsdid
' intend to contraft with your Highnefs, and that they would not af-
' ter the faid three years exprcfs their loyal and dutiful defires to do
' your Majefty Service,by further contributing to your Highnefs's occa-
' (ions, your Ciid Petitioners do moft humbly befeech your Highnefs to
' call to mind with what celerity, alacrity, and true hearty affeftion
' and duty your faid Subjeds, and their Anceftors in all die times of
' your Majefties royal Predeceffors,have made demonftration of them-
' rclves,by fhcdding their Blood, and extending their Means in theSer-
' vice of the Crown from time to time ; and to conceive of your faid
' Subjed.s diat as they muft acknowledg themfelves moft bound to
' your Majefty, fb they will be ever willing with all their Ability,
' Means and utmoft Power,to contribute to your Majefties Affairs from
' time to time, not doubting that your Highnefs will in your Paternal
' Care of your loyal and faithful Subjects there, take fuch courfes that
' they (hall never be preft beyond the neceffity of Times and their
' x\bilities.
D ' And
5 ■ iirnli. .
Remains of
^n. 1629.
' And in regard the iaid Kingdom hath lately and now doth fultain
' great Burdens, as well by your Petitioners Attendance here as othti-
' wile, that your Highncfi will be gracioully pleaftd to give a favour-
' able and ipeedy diipatch to this Affair, that your (aid Subjefts being
' eafed of a great Charge, might be the better able to (atisfy your High-
' neis, according to their Defire and true Intention.
And tkey will ever mofl hiivillj p-ay^ &c.
The particular Grievances prefented by the (aid Agents, were ma-
ny and long, being fifty five in Number 5 to each of which Grie-
vances one by one, the King did give a particular Anfwer, either gi-
ving prefent eafe to tiie fame, or putting things into a way of future
remedy. The Titles to the Anlvvers were thus exprefled.
^poUiks^ Atifivers^ and Refoliitio)!s to the humble ReqiieUs of his Ali-
jejiies Siihje&s of the Kingdom 0/ Ireland.
Some of their complaints were againft the courfes held in the Eccle-
fiafticalJuri(didion, touching the extortion of 13/.. j\.d. 10 s. and
6 s. 8. Sterling for every Chriftening, Marriage, and Burial, which
being taken from the poor Hufband-man, by whofe labour the Land-
lords and Gentlemen fubfift, enforceih him often with his Family co
beg and quit his Refidence : wlicrefore fuch Exaftions being without
limits, taking what they plealc, they procure from the Lord Deputy
Warrants of Affiftance to attach and impriibn any fuch Pcrfon. And
though thole Warrants of unjuft complaints of the foul abufes arifing
from them, have been recalled, and not to be allowed but by A6t of
State, pubUfhed in that behalf:. Yet are they now lately renewed,and
the Subjefts thereupon reftrained without legal Warranty which being
abufively carried in this violent courfe, will in ftiort time draw all the
Treafure in the Kingdom from the Laity to the Church y wherein, as
for other Duties exacted, and not warranted by Law, thejD defire
redrefs.
Alio againft exorbitant Fees taken for Proceedings in Courts of Ju-
ftice at DtiUin, greatly to the impoveriftment of the People.
Alfo againft employing of Soldiers to fetch in the King's Revenue,
afld doing other things which ought to be performed by Men in a civil
Capacity.
Alfo that the Soldiers be confined to their Garrifons, and when cal-
led to march out, that Money may be given unto them to maintain
them when they are abroad.
Alfo that his Majefty would be pleafed to take away all Monopolies,
Reftraints and Grants of that kind to private Men for felling of A^f/a-
vit£. Wine, Ale and Beer, fealing of Barrels 3 abufe by (hort Ploughs,
Tanning of Leather, (^c.
That HO new Charge be laid or impofed on the Subjefts of that
Kingdom without their own confent, being ready to contribute to the
utmoft of their Abilities in any his Majefties Service.
That his Majefty may be pleafed to call a Parliament for the pre-
fent rating of the Subfidies to be granted to his Majefty for the Favors
and Graces aforefaid, and for fevuring the Subjects Eftates, granting
a general Pardon, and providing for fuch other things as fliall be ne-
cellary
Hiftorical Qollectiom.
'9
cellary for his Majefties Service, and the good of the Common-wealth.
The King in his gracious Anfwer to this lafl: Requefl:, declared his
Pleafure to call a Parliament to meet in Ireland, which did fo overjoy
the Irip Agents,as they writ Letters thereupon into Ireland^ intimating
as if they there might presently iflue out Writs for a Parliament to
meet : which was a great Error in them fb to do, being contrary to
the Law and former courfe of proceedings ^ forgetting that they muft
firft obtain a Grant under the Great Seal o£ England to en;jble them to
iflbe Writs for a Summons of a Parliament in that Kingdom. Which
extraordinary hafte of theirs,occafioned this enfiiing Order of the Coun-
cil Board in England.
' TT7"Hereas theBoardhath underftood by Letters from the Lord
' VV Deputy and Council of /re/iw^/, that they had already iiTued
' the Writs for the fummoning of a Parliament to be held in that King-
' dom in November next. Forafmuch as the Writs of Summons have
' been iflued illegally contrary to the Statutes made in that heh^lf^Anno
' Hen. J. And 3 ElJz. And the due formality of a Licence,
' which ought to have been firfk obtained of his Majefty under the
' Great Seal oi^ England, was not obtained, whereby the faid Summons
' is in it fclf Null and of none Effed, and the Parliament, (if any (hould
' enfue thereupon^ would be utterly void and fruitlels. The Board
* for this Confideration thought fit and Ordered, That all the Judges of
' his Majefties Court at Wejiminjier, that are now in or near the City
' of London, (liall be prayed and required forthwith to meet together,
* and calling to their Affiftance the Commiffioners for Irijl) Caufes, ef^
' pecially Sir Franck Amjlovo, Vice-Trea(urer of Ireland, and Sir Hen-
'■ ry Holcroft, together with the King and Queens Attorneys and Soli-
' citors General, or as many of them as may be had, and take into
' their Confideration as well the faid Letters written to the Board con-
' cerning the (aid Summons and the Errors committed in precipitately
' ifluingof the (aid Writs, as a Certificate made by the laid Commiflio-
' ners touching the due preparations for the calling of a Parliament in
' Ireland, and upon the whole matter, as foon as may be, to certify
* their Opinions in writing what courfe they think, fitteft to be held for
* redrefs, and rcdtifying of the before rehearfed erroneous Proceedings,
* whether by revoking of the former Summons, fuperceding or refpi-
' ting them for a time, or iffuing out of new, and by what means it
* may be done, ether by Letters, Proclamations, or othcrwife, as
* they fhall think beft, and mofl: expedient for his Majefties Honour
' and Service ^ that (atisfaidion and full aflurance may be given to his
' Subjeds of that Kingdom, of his Royal Intention to proceed in the
* calling of a Parliament, fo foon as things may be done in fuch manner
' and form as they ought to be, according to the antient Cultom.
5 Caroli.
Inlrcliindth^
call a P.irlia-
nient irregu-
larly.
Order of Re-
ference to the
Judges, Con-
cerning a Par-
liament in /re-
land.
May it pleafe your Honourable Lordjhipi.
' A Ccording to yout Lordftiips Order the i^th of September laft, we
' J_x. have taken into our Confideration the Letters written from the
' Lord Deputy of /re/^»<^, touching the Summons of a Parliament al-
' ready made there, and the former Certificate made by his Majelties j C7d.
D 2 ' Com
The Judges
opinions con-
cerning a P.ir-
li.imcnc haiiily
called in /re-
20
Remains of
*• Commiffioners for Irifi Caufes, as was diredcd by the laid Order.
' Upon Confideration whereof we find that the (aid Summons ah-eady
' made, is unwarrantable 5 and that if a Parliament fhould be aOembled
' and proceed thereupon, all that thould be done therein, \vould be
' utterly void.
' The Statute of 10 HeM. 7. commonly called Foynings A&^ and the
' Statute 5 and 4 of T^/j;/. and Mary^ expounding and explaining]; the
' doubts conceived upon that Adt, do prefcribe an abfolute form of
' fummoning a Parliament in that Kingdom, which mufl: be by a Certi-
' ficate firft made by the Lord Deputy and Council from thence, of
' fuch Afts as they would offer to his Majefties Confideration, with
' the Reafons and Motives for the fame to be enafted there, and that
' Certificate to be under the Great Seal of Ireland : Which Adls, fo
' propounded, muft be returned back from hence, approved or alte-
' red by his Majefty, as by him fhall be thought fit ^ together with his
' Majefties Licence for fummoning of a Parliament under the Great Seal
' of EagLad, and then, and not before, the Summons of a Parliament
' there is to ilfue ^ wherein if any failure be of thofe Circumftances pre-
' fcribed by thefe two Laws,which continue in force in thatKingdom,all
' that (hall be done will be utterly void. We have alfo taken into our
' Confideration, the Lord Deputies Commiffion, M'herein he hath
' power given him to fummon the Pailiament, but that is limited to
'be according to the Laws, Statutes, and Cuftoms of that Kingdom,
' and with the King's Confent firft: had, and not otherwile^ which
' hath not been obferved in the Summons of this intended Parliament
'in any of the points before mentioned, and therefore tliis Summons,
' notwithftanding that power, is illegal and void.
' We have alio obferved the paflagc in the Lord Deputies Letter,
' as if by an Adjournment this might be remedied f but we are of opi-
' nion tliat that is not a right way, becaufe it failb in the ground of the
' Summons, So that upon the whole matter we humbly offer our Opi-
' nions, Tliat the beft courfe to be held for the rectifying of thePrcmi-
' fcs, and for avoiding of all mif^inftruftions thereupon, will be this :
' That diredions be given from hence with all poffible fpced for a
' Proclamation to be there made, wherein this miftaking, and the rea-
' fons thereof, may be publilhed, that fo the Aflembly may be preven-
' ted,until by a due and orderly preparation, Summons may be legally,
' according to the faid Laws atid Statutes, and that by the fame dire-
' dtion they be advifed to make due prepiaration for a Parliament, ac-
' cording to the recited Afts. Whereupon his Majefty may be graci-
'ouQy pleafed to fend his Licence and Content under the Great Seal
' o^ England for the fummoning of the Parliament, and fo all may after
' proceed legally altho with fome lofi of time, which cannot now be
' prevented. And if your Lordftiips fiiall fo approve thereof^ we
' humbly conceive it would not be amifs for tiie better expedition of
' the Service, and for the avoiding of all miftakings,thatthe form of a
' Proclamation to the effeft aforefaid were fent thither, but to be
' made and proclaimed there, that ilie error may appear to' have come
' from themfclves, as the trudi is ; which will moft probably take a-
' way all jealoufy from the People. But we are of opinion tliat no
' General Writ of Siuperfedccts of the former Writ of Summons can be
' awarded,becaufe there neither was, nor can be any one General Writ
' of Summons, and afterwards particular Writs of Sfiperjcdeas to
' every
Hijlorical Qolfections.
\ 21
' every one fummoned, would be infinite nnd inconvenient. All
' which wc moft humbly fubmit to your Majcftus great Wifdom and
' Judgment. Ssrjcants-Im! in Cbancery-Iime.^ Octob. 2. 1 62 8.
Signed by
Thoffta^' Rjchardfov,
Hev. Yclvcrtov,
Geo. Vernon^
Rob. Heath,
Hef7ry Holcroft,
Will. Jones-)
George Trevour,
Frati. Ainjlyj
Rich. Shilton^
John Fwch.,
Richard Hadzor.
In this conjundure, the Lord Faulkjafid Lord Deputy of TreLwd,
put forth in the King's Name this enduing Proclamation,
' T~^Ora(much as we cannot but take notice that the late intermiffion
' _|7 of legal Proceedings againft Popi(h pretended or titulary Arch-
'Bjftops, Billiops, Abbots, Deans, Vicars General, Jefuits, Friar?,
' and others of that (brt, that derive their pretended Authority and
' Orders from the See of 7^<?«?c, hath bred fuch an extraordinary info-
' lence and prefumption in them, as that they have dared of late not
' only to aflemble themfelves in public Places to celebrate their Super-
' ftitious Services in all parts of this Kingdom, but alfo have erefted
' Houles and Buildings, called Public Oratories, Colleges, Ma(s-Hou(es,
' and Convents of Friars, Monks and Nuns, in the eye and open view
' of the State and elfewhere 5 and do frequently exercife Jurifdidtion
' againft his Majefties Subjeds, by Authority derived from the See of
' J^offfe, and (by colour of teaching and keeping Schools in their pre-
' tended Monafteries and Colleges ) do train up the Youth of this
' Kingdom in their Superftitious Religion, to the great derogation and
' contempt of his Majefties Regal Power and Authority, and great
' offence of many of his Majefties good Subjeds, contrary to the Laws
'and Ecclefiafticai Government of this Kingdom, and the impove-
* riftiment of his Majefties Subjeds in the (ame.
' Thefe are therefore to will and require, and in his Majefties Name
* ftraitly to chareje and command all, and ali manner of fuch pre-
' tended or titulary Arch-Biftiops, Bifljops, Deans, Vicars General,
* Arch-Deacons and others, deriving any pretended Authority, Power
' or Jurifdidion from the See ofRoffie, That they, and every of them,
'forbear from henceforth to exercife any fuch Power, Jurifdidion, or
' Authority within this Kingdom 5 and that all (uch Abbots, Priors,
'jefuits, Friars, Monks, Nuns, and others of that fort, as aforefaid,
' do forthwith break up their Convents and Aflemblies in all Houfes
'of Friars, Colleges, Monafteries, and other Places, whcrefoever they
' are or ftiall be conventually or collegiately aflembled together withjh
' dm Kingdom, and to relinquifti the (ame, and to difpofe and ftpa-
' rate thcmfelves.
' And that all and every of the Orders before-nan^d, and other
' Priefts whatfoever, do from henceforth forbear to Preach, Teach, or
' celebrate thc4r Service in any Church, Chappel, or other Pul^Ijc !
j ' Oratory or Place, or to teach any School in any place or places '
' whatibever within this Kingdom.
'And
5 Cjrolf.
Prorljm.ition
by thcT .Depu-
ty .Tiid Council
3£;.iinllPrieltsj
Jeliiits, SJc
22
"Remains of
Av. 1629.
The Protcfta-
t ion of the Bi-
fhops in Ire.
Und againft
Popery.
An OiJer of
the Ld. Mayor
of London^ ft r
reforming the
Abufeson the
Sabbath-day.
' And wc do further charge and command all and fingular the
'Owners of foch Houfes of Friars, Colleges, Monafteries, Schools,
' Oratories, Ma(s-houfes, and Nunneries, That they and every of
' them relpeftively, in default of the Perfons before-named, their vo-
' luntary relinquifhing of the faid Houfes of Friars, Colleges, Moua-
' fteries, Schools, Oratories, Mafs-houfes, and Nunneries, do forth-
' with expel and thruft forth all and fingular fuch Friars, Jefuits, and
' other Monaftical Perfons out of the lame, and do convert the
' (ame to more lawful Ufes, upon pain to have their faid Houlesfeized
' upon to his Majefties ufo , and both the one and the other to be pro-
' ceeded againft for their unlawful Affemblies, and maintenance of
' fuch unlawful Conventicles and corrupt nurture of Children, in the
' levcreft manner that by the Laws and Statutes of this Kingdom, and
' Ecclefiaftical Government of the fame, may be had or extended 3
' whereof they and every of them are to take notice, and to yield due
'■ obedience thereunto, as they and every of them will avoid his Ma-
' jefties high Indignation, and the confequence thereof
The Proteftant Arch-Bifhops and Bifhops in Ireland were about this
time fo much fcandalized to fee the boldnefi of the Titular Popilh
Arch-Bifliops and Bifhops, Abbots, Priors, Jefuits, Friars, &c. x^-
fidingin/re/^»^,toere6t Houfes publickly to celebrate their Popifh Su-
perftitious Services, ^c. as they thought fit to publifh a Declaration,
in nature of a Proteftation, againft Popery, and a Toleration there-
of, to the effeft following.
' 'T~'He Religion of Papifts is Superftitious and Idolatrous, their
' 1- Faith and Doftrine Erroneous and Heretical, their Church ( in
' refped of both ) Apoftatical ; to give them therefore a Toleration
' of Religion, or to confent that they may freely exercife their Reli-
' gion, and profefs their Faith and Doftrine, is a grievous fin, and that
' in two refpefts : Firft, It is to make our felves accefTary, not only
' to their fuperftitious Idolatries, Herefies, and in a word to all the
' Abominations of Popery, but alfo (which is a confequent of the
' former) to the Perdition of the feduced People which perifli in the
' Deluge of the Catholic Apoftacy. Secondly, To grant them a To-
' leration in refpeft of any Mony to be given, or Contribution to be
' made by them, is to fet Religion to Sale, and with it the Souls of the
' People, whom Chrift our Saviour hath redeemed with his Blood 5
' And as it is a great fin, fo it is a matter of moft dangerous Confe-
' quence : The confideration whereof we leave to the Wife and Judi-
' cious, befeeching the zealous God of Truth, to make thofe who are
'in Authority zealous of God's Glory, and of the advancement of
' true Religion, zealous, refolute and couragious againft all Popery,
' Superftition and Idolatry.
' TT THereas I am credibly informed. That notwithftanding divers
' V V good Laws provided for the keeping of the Sabbath-Day Ho-
• ly, according to the exprefs Commandment of Almighty God, divers
' Inhabitants and other Perfons of this City, and other Places, having
' no refpeft of Duty towards God, and his Majefty, or his Laws, but
' in contempt of them all, do commonly and of cuftom greatly pro-
' phane the Sabbath-Day, in buying, felling, uttering, and venting
' their
Hijlorkal Collections.
'• their Wares and Commodities upon that Day for their private Gain.
' Alfb Inholders fufFcring Markets to be kept by Carriers, in mod: rude
' and prophane manner, in felling Viduals to Huckfters, Chandlers,
'and all other Comers. Al(b Carriers, Carmen, Cloth-workers,
' Water-bearers, and Porters carrying of Burthens, and Watermen
' plying their Fares ; and divers other working in their ordinary Cal-
' lings. And likewife that I am further informed, That Vintners, Ale-
' houle-keepers, Tobacco and Strong-water-fellers, greatly prophane
' the Sabbath-Day, by fuffering Company to fit drinking and bibbing
' in their Houfes on that day •-, and likewile divers by Curfing and
' Swearing, and fuch-like Behaviour, contrary to the exprefs Com-
'mandment of Almighty God, his Majefties Laws in that behalf, and
all good Government. For the Reformation whereof, I do hereby
" require, and in his Majefties Name ftraitly command all his Maje-
' flies Loving Subjeds whatfoever : And alfo all Conftables, Head-
' boroughs, Beadles, and all other Officers whatfoever, to be aiding
' and amfting to J. S. the Bearer hereof, in finding out and appre-
' hending all and every (uch Perfon and Perfons as (hall be found to
' offend in any of thefe kinds :, and them, and every of them to bring
' before Me, or fome other of his Majefties Juftices of the Peace, to
' anfwer to all fuch Matters as (hall be objcded againft them, and to
' put in good (ecurity for their good behaviour. Whereot fail you
' not, as you or any of you will anfwer at your peril.
April ic.
1629.
Mayor,
The French King lliortly after the '^rrender of Rachel^ was enga-
ged to profecute a War in Italj., which he declared was begun by the
Spaniard in taking Alantaa and Montefirrat, contrary to Capitulation 5
which obliged him to remedy with violence thofc Uforpations of the
Spaniards over the Duke oi^ Savoj^ the French King's A Hie, and lent
Cardinal Richlieu with an Army into thofc Parts ^ of whole prudent
Conduft in his Expedition formerly againft i?(?rk/, his Majefty had had
good experience.
It fo hapned, that at Sufa in Italj^ in the Month of Jpril, by the
Mediation of the Venetian Ambafilador , Articles of Peace between
the King of Great Britain and the King of France were agreed unto ^
and which were by that Agreement to be made public by both Prin-
ces the I oih of May following.
And accordingly the French King ordered them to be firft publifticd
at Privoij ( being gone from S»ft to the Camp before that City ) to
which his Forces had laid fiege after the taking of Rochel f hoping by
the furrender thereof, to bring the Proteftants in Langnedoc to terms
of Peace.
And the Seiur Le Bretagne^ French King at Arms, publifhed the
Peace there on the \°th of Maj'^ 1629, in purfuance of his Majefties
verbal Command, marching before on Horfe-back, with Trumpet in
hand, Colours flying, having mounted his Coat of Arms on his
fhoulders, his Cap Hat on his Head, and his Scepter in his Hand : arid
this publication was made in the fight of the Befieged in Frivas^ and
within lefs than Canon-ftiot of the Towno The
29
5 Caroli.
Articles of
Peace between
England «^d
France, agreed
upon at Sf*fi
in Italy.
24 I
Remains of
^». 1629.
The Peace
with Trance
piiblilhed in
Articles of
Peace between
the 2 Crowns
of Bngldnd &
The French King that day (ent a Summons to St. Andre Mjotitauhan^
the Governor ofPrivas^ to render the Town 5 which he then refufed
to do, yet on the 29//jof M^^it wasfurrendred, but in great confu-
fion and llaughter of Men in the Town, by an accident that fell
out.
The 1 oth day of May, was puhliped in England the Teace
with France.
' TIC /"Hereas there hath fallen out an interruption of Amity between
' V V the King's Majefty and the moft Chriftian King , which the
' Common Friends and Ancient Allies of both the Crowns have ear-
' neftly labbured to repair, by propounding and negotiating a Recon-
' cilement between them upon honourable Confiderations, as well to
' their Kingdoms, as to the general Eftate of Chriftendom. The King's
' Majefty thereupon confidering how pleafing it is to Almighty God,
' and neceflary to the prefent conftitution of Publick Affairs, to have
' Concord and good Intelligence with fuch as- be his Neighbours:, and
' are further fo nearly allied unto him, hath renewed the ancient
' Amity between the two Crowns, their Realms, Countries, Cities,
'Towns, Lands, Dominions, Territories, Signiores, Caftles, and
' Subjeds, by Land, Sea, and Frefti- water. By which Peace it is al-
' ready provided, that all Hoftility and War, as well by Sea as Load,
' (hall ceaie on either part from the i4//)day of^i^r/Vlaft; and that
' the faid Kings and their Subjefts (hall live together in Peace ; and
' that it (hall be lawful for their Subjefts freely, peaceably, and quict-
' ly, to go, come, remain, and to u(e and exercife their Trade and
' Commerce, and do all things el(e what(bever in each others Coun-
' tries, as freely as it hath bin done in any former time of Peace had
' between the (aid Realms, and according to the ancient Treaties and
' Alliances between them, with opening of fafe and free Trade be-
' twixt the two Kings Dominions, according to the(e Treaties.
' And it is further ordained by the faid Peace, in regard there are
' many Ships at Sea with Letters of Mart, which cannot (b (bon take
' knowledg of this Peace, nor receive direftion to forbear Hoftility,
' that as what(bever hath bin, or fhall be done during the fpace of two
' months after the faid i^th of April laft, (hall not derogate from, nor
' hinder thcfiid Peace of the two Crowns : So as whatfbever hath bin,
' or (hall be taken within the forefaid time, (hall be reftored, as well
' on the one fide as on the other.
' All which Premifeshis Majefty hath thought meet to notify to all
' manner of his Subjects of what eftate fbever, ftriftly charging and
'commanding them, to ob(erve, and perform, and accomplilh all that
' hereunto belongeth, as it is certainly promi(ed to be publi(hed on the
' French King's fide, the date of thefe Pre(ents being the Tenth of
'M^j, 1629.
The Articles of Peace were to this EfTeft.
I. ^T^Hat the two Crowns (hall remain agreed to renew the ancient
X Alliances betwixt them, and to keep the fame inviolably,
opening again the Commerce fure and free. And concerning the faid
Commerce,
HiJloYtcal Coliectiom,
I ^-j
Commerce, if there is any thing to be added or diminilhed about the
fame, it fhall be done on both Parts freely and willingly, as it ftiall be
thought convenient.
2. And fbrafmuch as it (hould be difFicult to make the reftitution on
the one and the other part of the divers Prizes, which during this War
have bin taken, the two Crowns are agreed that there fhall be made
no Reftitution. And there (hall alfo not be granted any RepriCil by
Sea, nor by any other ways whatlbever, for what is paft between the
two Kings and their Subjedls during this laft War.
3. Concerning the Articles and Contract of the Marriage of the
Queen of Great Britaw^ the fame are to be confirmed faithfully. And
as for the fiid Queen's Houfhold, if there be any thing to be added or
diminifhed, it fliall be done by a mutual conient freely and willingly,
as it may be judged fit and convenient for the Service of the faid
Queert.
4. All former and ancient Alliances both of the one and the other
Crown, ftiall remain in their full force, they receiving no Alteration
by the prefent Treaty.
5. The two Kings being by this prefent Treaty reunited in the lame
good Affeftion and Intelligence where they were formerly in, (liall
imploy themfelves, and endeavour mutually to give Aid and Affifrance
unto their Allies and Friends, according as by the Conftitution of
Affairs, and by the advantage of a common Good fhall be required
and fuffered. And all this to the end thereby to procure an entire
Qiiictnefs for Chriftendom^ for the good whereof the Ambafladors
of the two Crowns fhall receive Propofitions and Overtures.
6. All thefe things being re-eftablilhed and accepted on the one and
the other Part, there fhall be fcnt reciprocally extraordinary Ambafla-
dors, Perfbns of Quality, with the Ratification of the prefent Agree-
ments ^ The which fhall bring with them the denomination of Ordi-
nary AmbafTadors, that are to refide in the one and the other Royal
Court, thereby to confirm again the Union, and to hinder all occafi-
ons that might trouble the fame.
7. And whereas there are yet many Ships abroad in the Sea with
Letters of Mart, and Commiflion to fight againft their Enemies, which
caiinot fb foon have knowlcdg of this Peace, nor receive Order to ab-
ftain from all Hoftility •■, therefore it fhall be agreed upon by Article,
That whatfbever fhall he taken during the fpace of two months after
the fignature of this prefent Treaty, fliall be reflored on the one and
the other fide.
8. The two Kings (hall fign thefe prefent Articles on the i\th day
of the Month of J;;r//, which fhall afterwards be configned and deli-
vered at the very fame vime by their Commandments into the hands of
the Lords AmbafTadors of Venice^ refiding near their Royal Perfbns,
to be mutually delivered to the faid two Rings at their prefixed day,
as fbon as each of them fhall have knowlcdg of the other that they
have the faid Articles in their hands, and from the day of the Signa-
ture, all Aftsof Hoftility both by Sea and Land fhall ceafe, and Pro-
clamations needful to this effeft fhall be pubhfhed upon one day within
the two Kingdoms. Given, dfc
His Majefly at the inftance of the Queen, in regard of the Peace
concluded between the two Crowns, is gracioufly pleated that certain
E Pricfts
5 Caroli.
♦> *
Certam Priefls
fet at liberty.
26
Remains of
^n. 1629.
The Queen
deliveied of a
Son.
French Wines
prohibited.
Julj 11.
Ag.iiiUl felling
of Ships to
Strangers.
A Letter on
the behalt of
Six P . Crostj.
Priefts and RecufantSjWho then were in feveral Prifbns, ftiould be re-
leafed, and delivered to the French Ambaffador to be tranlported be-
yond Seas, notwithftanding any former Orders againft fuch Releafes
and Deliverances.
May 15. about three of the Clock in the Morning, the Queen was
delivered before her time of a Son 5 he was Chriftened and died
within a fhort time, his Name Charles. This was Afenjon-Eve ; and
the next day being AfceKjion-dsy^ a little before Midnight, the Bifhop
of London buried him at Wejimnjier.
Upon the Petition of the French Merchants, as well as of the Com-
pany of Vintners in London^ the Importation of French Wines was
prohibited for the fpace of fix months, by reafon of the great quanti-
ties in Merchant's Cellars, already happening by the liberty taken da-
ring the time of the late Difturbance with France ; and command was
given not to import any French Wines in Forreign Bottoms, contrary
to the Laws.
His Majefty being informed that fundry of his Subjeds, Maftcrsand
Owners of Ships, refpefting more their private Gain, than the pubhc
Good and Safety of the Land, did fell and difpofe to Strangers and
Foreigners, their Ships, and other Veffels, tending to the weakning
of the Navigation of the Kingdom, Doth now publickly declare and
command, that none of his Subjefts do at any time hereafter prcfume
to fell or alien any Ship or Veffel, unto any Perfon, either born or re-
fident out of the Ring's Dominion, upon fevere Penalties.
In this Month o^Julj his Majefty was pleafed to order his Privy
Coancil, to write a Letter on the behalf of Sir Pierce Crosby Knight,
direfted to the Lord Faulkland^ Lord Deputy of Ireland^ taking fpe-
cial Notice of his Service at the Ifle of^T^tz.
WHereas his Majejiy^ upon due confederation of the extraordinary
readinef and ahrhty of Sir Pierce Crosby, in the levying and
tranjporting of thofe voluntary Troops employed under his Command at the
Jjle of Retz, as alfo upon good experience, as weU of his own as of the
Officers and Souldicrs n>ell approved efficiency and fidelity in that Service,
is refolved to continue themftill in Employment 5 and hath therefore thought
fit, with the Advice of this Board, to tranfmit them back^ again into Ire-
land, there to be entertained upon the Liji of his Majcjiies Army, ^nd
whereas you have received former dire&ion from his Majefi:y, bearing
date the j\th day of June lafi, to raife fevcn new Companies to make tip the
number of forty eight. Now his Majejlie's expref Will and pleafitre is,
and- We do in his Majejlies Name require your Lordfjip, that ycu forbear to
raijc any new Companies, notwithjianding any former dire&ion •-, and that
you tak^ effe&ual order that the Regiment of Sir Pierce Crolby, conJiBing
of ten Companies befides the Colonel's, may prefently be lifted as part of his
Majefiics Army, under the fame Captains and Offcers that now command
them ; and that upon their landing in that Kingdom, the faid Sir Pierce
Crofby, and Souldiers iwder his Command, may receive fuch treatment
and uftge as is prefcribed.
This
Hijlorical (Collections.
27
This Ge ntleman Come years after fell under the difpleafure of the
Court of Stur-Chamber j of which more in its proper time and
place..
The i6th day oC September, the FrcKch King fwore the Peace in this
Tenor.
' T Evp/s by the Grace of God, the moft Chriftian King of France
' J / and Navarre. We fwear and promife upon our Faith and Roy-
' al Word, upon the Holy Evangelifl:, on which We have laid Our
' Hand to that purpoic, in the prelince of Sir Thomas Edmonds Knight,
' Emballador Extraordinary from the moft High, mod Excellent and
' Puiifant Prince CHARLES, alfo by the Grace of God, King of
' Great Britain, Our moft Dear, Beloved and Good Brother-in-Law,
' Coufin and antient AUic, That We will accomplilh, oblerve, and
'■caufe to be obfervcd and accompliflied really and bona Fide, all and
<■ every the Points and Articles agreed upon, and imported by the
' Treaty of Peace and Reconciliation made and concluded between
'Us, and Our faid moft dear Brother, and Brothcr-in-Law, Our
'Kingdoms, States, Countries and Subjefts, the i/\th of April laO:.
' Which Treaties and Articles We having heretofore approved and
'confirmed, do approve and confirm dc novo 5 and do fwear and pro-
'mife before God, with joined hands, that We will obftrve the
' fame without any contradiftion direftly or indireftly, nor will per-
■ mit it any ways to be oppos'd 5 So help us God. In witnefs where-
' of We have publicly figned thefe Prefents with Our own Hand, and
' put thereunto Our Seal, in the Church of Fontainblean the iSth day
'■ oC September, in the Year of Our Lord 1629, and of Our Reign
' the 20^/6.
The Grand Seignior about this time refblving upon the Siege of
I Bagdet, or Babylon, the third time, fends his Grand Vificr, Conferon
\ T^ajfi to execute the Defign, with Ammunition and Neceflaries for his
I Army, which confifted of 200000 Men. His Military Difcipline was
f admirable, for he puniftied every Souldier with Death that wrong'd
I any one, upon the fingle complaint of the Perfbn injur'd.
In order to this Siege, the Grand Vificr fet forth fi-om Nicomedia,
1 and arriv'd at Aleppo on Tjicfday the 2 5/A of September. During his ftay
I at Aleppo, which was from the 2 5^/^ of September, to the SthoW&ober,
he executed many for their Crimes and Offences : But the Englijh Con-
y/'/was the firft that was fenfible of his feverity upon this OccaRon.
There were four Men of War, Corfaires, who being met in the Port
of Alexandria, they pillaged there three fmall Vciiels of Marfeillcs,
there being a War at that time between England and France ^ and
upon the French Conful's Complaint to the Bafia of Aleppo, the
Englijlj Magazines and Merchandizes were feized, and moft of the
Merchants imprifbned, which made the Enghp return them the Vef-
fels and Goods they had taken, and for the reft agreed with the BafTa,
the Aga of Alexandria, Caddi and other Officers of Juftice,but at the
charge and coft of above 50000 Crowns.
The Grand Vifier being encamped, he fent for the Englijly Confnl ^
and the Englifti Merchants there on the 2 jtb of September went to find
E 2 the
5 Caroli.
The fwearing
o{ the Peace by
the trench
King Li-nis
the ijrA.
The Grancl
Seignior fends
his Vifier to
befifge Babj-
lon with
icoocoJVlen.
The French
Confnl com-
plains of the
EnglilTiCoiiful
Englidi Mer-
chandizes fei-
7.ed.
'^8
Remains of
Condemns the
Hnglilh Cun-
fiil and liis In-
terpreter to be
hane'd.
TheEnglirti
tonful faves
his Life by
30000 Duo-
toons.
To repair
Churches and
Chappels in
decay.
Goldlmiths
fliops in
Ci eapfide.
the Baila in his Tent 5 but beeing too late, they had no audience
at that time.
The Morrow, being the 28th, the French Confiil vifited him very
early, and was much careiled by the Vificr ; but he u(ed the E/jglijI)
Conjid ftrangcly, who came not till the Afternoon, and contrary to tiie
Curtom, made him ftand before him, whereas there ufeth to be a Seat
appointed for him oppofite to the Vifier, who asked him, with great
paffion, Why the Enghp did make that attempt in a Free Port ? The
C<p/{//// replied, They were not Pirates, but Men of War belonging to
their King of Girat Britain. He anfwered, with greater fury. Then
thy King hath violated the Capitulations^ and I am no longer obliged to oh-
fervc them •■, and commands his Executioners to take the Conjul and his
Interprete)'^ and hang them both before the Caftle : But the Interpreter
being not able to walk by reafon of his corpulence, they would have
hang'd him on a Tree, but that the Conful gave them thirty Duca-
toons to cut off the Interpreter's Head 5 which they did,and furniflied
the Conful with a Horfe, and carried him Prilbner to the Caftle, where
he was put into a fordid nafty Hole, not permitting any of his Friends
to fee him ; (b that they thought they would murder him in the night :;,
but this was only to fcrue Mony out of him, for (even days after he
obtain'd his Liberty at the Rate of 30000 Ducatoons, as it is related
in the French Mercury.
On the I \th of OBober^ the King expreffed his pleafure concerning
the decay of Churches, to this effedt.
' 'T~'Hat having of late taken fpecial notice of the general Decay
' X and Ruin of Parilli-Churches in many piarts of this Kingdom 5
' and that by Law the fame ought to be repair 'd and maintained
' at the proper charge of the Inhabitants, and others having Land in
' thole Chappelries and Parifties refpeftively ; who had wilfully ne-
' glcctcd to repair the lame, being confecrated Places of God's Wor-
' ihip and Divine Service: His Majefty doth therefore charge and com-
' mand all Arch-Bilhops and Bi(hops,That they take (pecial care of the
' repairing and upholding the (ame from time to time, and by them-
' fch'cs, and their Officers, to take a view and furvey of them, and to
' ufc the power of the Ecclefiaftical Court, for putting the lame in due
' execution ; and that the Judges be requir'd not to interrupt this
' good Work, by their too eafy granting of Prohibitions.
At this time the City of London was in great fplendor, and full of
Wealth, and it was then a moft glorious fight to behold the Gold-
finiths Shops all of one row in Cheap-Jrde, from the end of the Street
called the Old-Change near Pater-Nojicr-Rotv, unto the open place
over againfl: Mercers-Chappel, at the lower end of Cheap ; there being
at that time but three or four Shops of other Trades that interpoled
in the Row. Whereupon the Lords of the Privy Council were plea-
fed, on the I Sth of November, to make this following Order.
' "COrafmuch as his Majefty hath received information of the unfeem-
' XT linefs and deformity appearing in Cheap-fide, by reafon that divers
' Men of mean Trades have Shops there amongfV the Gold-fmiths ^
' which diforder, it is his Majefties exprefs pleafure to have reformed ;
' Whereas
Hiflorical Collections.
I 29
Whereas by occafion that Sir Heneage Fi/jch Knight, and (bme Alder-
men, did this day attend the Board upon other bufinefi, there was
the (ame time alfo mention made of the aforesaid deformity. It was
thereupon thought fit and accordingly Ordered, That the two Lord
Chief Juftices, with fuch other Judges as they (hall think meet to call
unto them, (hall confider what Statutes, or Laws there are, to en-
force the Goldlniiths to plant themfelvcs for the u(e of their Trade, in
Cheapfide, Lumbard-jlreet^ and the parts adjacent, and thereupon re-
turn Certificate to the Board in Writing, with all convenient expe-
dition. Of which Order the (aid Lord Chief Juftices are hereby
prayed and required to take notice, and to perform the l^uue accor-
dingly.
On the i(^th o£ December^ provifion was made againft the Tranf-
porting of Timber.
WHereas his Majefty and the Board, havingbeen informed of the
great decay of Timber, as well within the Kingdom of Ire/and
as here in Efrgland^ and that Ship-Timber, and Pipe-Staves, and more
particularly Knee-Timber, is grown very (carce both here, and in
that Kingdom, and therefore the pre(ervation thereof doth much
concern the good and fafety of his Majefties Dominions. Their
LordOiips being careful to prevent the Tranfportaiion thereof, have
this day thought fit and Ordered, that the Lord Treafurer do forth-
with give effediual Order and Direftions to the Officers of the Ports
oi^ Ef/gluf/d, That no Ship-Timber, efpecially Knee-Timber, or Pipe-
Staves, be Tranfported to any parts out of this Realm, without fpe-
cial direftion from his Majefty, or this Board. And that the like Or-
der be given to the Officers of the Ports of /re/^W, for the reftraint
of all Tran(portation out of that Kingdom.
In the Month of November this year, Bethlem Gahor^ Prince of
Tranjihatiia^ who had affifted the Confederate Proteflant Princes in
the War, died of a DropJ), to the great regret of the Tm\^ to whom he
rendred many fignal Services, and to the great (atisfaftion of the Em-
peror, who looked upon him as his moft Puilfant and redoubtable
Enemy. Here followeth his Will.
The laft Will and Teftament of Bethlem Gabor was opened, the
particulars whereof were as followeth 5 as it appeared upon the pciu-
fal thereof, viz,. That he did give and bequeath to his Imperial Ma-
jefty one Horfe very richly harnefled, together with 40000 Duckets
inj^eck ^ as alfo to his Majefty the King of Hitf/g.irij, one of the bert:
Hor(es that ever was (een, with the Collar, Bridle and Saddle embroi-
dered all over with Gold, Silver and precious Stones ^ and withal
40000 Duckets 7» Jpede. To the Emperor of the Tn/rJ^s, fuch another
gallant Horle, with 40000 Duckets in like manner. To his Wife,
the PrmceCi of TrafiJIhojiJa, 1 00000 Duckets, 100000 Rix- Dollars,
1 00000 Ger^Mw Florins, and three confiderable Signories, which Che
was to enjoy, during Life , and made the Emperor of the Tiirl^s his
(blc Executor.
The 9of/j of December^ certain Inftrudlions were (ent from his Ma-
jefty to the Arch-Bi(hops of C^w/cr/'z/rj andll^r^, under this Title, viz,.
Injiru-
5 Ciiroli.
To prohibit
the Tranfpor-
tation of Tim-
ber.
The Death of
Bethlem Gti.
His lad Will
and Tella-
ment.
50
Remains of
./<^v. 1629.
InjiruEl'iom for the mojl ^verend Father in Qod, Our ^ight
Truftyy and ^ght Intirely SeloVcd Qouncellor^ George
Lord Jrch-'Bilhoj) of Canterbury, concerning certain Ordr.rs
to he obfervedj and put in Execution hy ttejeyeral 'Bi[})opsin
his TroVmce.
Afterwards called Re^al hjirii&mrs^ differing in fome things, fi-om
the Biftiop of Lofidon's Conliderations before mentioned.
' 'TPHat the Lords the Bifliops give Charge in their Triennial Vifitati-
' ^ ons, and at other convenient times, both by themfelves, and the
' Arch-Deacons y that the Declaration for the fetling all Queftions in
' difference, be flridlly obferved by all Parties. That there be a fpeci-
' al Care taken by them all, that their Ordinations be Solemn, and
' not of nnworthy Perfons.
' That they take great Care concerning the Lectures in their feveral
' Dioccffes, for whom We give thefe fpecial Direftions following.
1. ' That in all Parifiics the Afternoon Scrm.ons be turn d into Catc-
' chifing by Queftion and Anfwer, where, and whenfbever there is
' not fome great Caufe apparent to break this Antient and profitable
' OMer.
2. ' That every Bifhop ordain in his DioceG, That every Lefturcr
' do read Divine Service, according to the Liturgy printed by Autlio-
' rity, in his Surplice and Hood, before the Lcfture.
5. ' That where a Ledure is fet up in a Market-Town, it may be
* read by a Company of Grave and Orthodox Divines near adjoining,
' and in the fame Diocefs 5 and that they preach in Gowns, and not in
' Cloaks, as too many do ufc,
4. ' That if a Corporation do maintain a fingle Lecturer, he be not
' fuffered to preach, till he profefs his willingnefs to take upon him a
'■ Living with Cure of Souls within that Corporation '-, and that he do
' aftually take fuch Benefice, or Cure, fo foon as it (hall be fairly pro-
' curd for him.
5. ' That the Bifhops do countenance and encourage the Grave and
' Orthodox Divines of their Clergy ^ and that they ufe means, by fom.e
' of the Clergy or others, that they may have knowledg how both
' Lecturers and Preachers within their Diocefles behave themfelvcs in
* their Sermons, that fo they may take order for any Abtifo accor-
' dingly.
6. ' That the Bifliopsfuffer none, under Noblemen, andMenqua-
' lified by Law, to have any private Chaplain in his Houfe.
7. ' That they take fpecial care that Divine Service be diligently
' frequented, as well for Prayers and Catechifms, as Sermons 5 and
' take a particulare note of all fuch as abfent themfelves, as Reculants,
' or otherwife.
8. ' That every Bifhop, that by Our Grace and Favour, and good
* Opinion of his Service, (hall be nominated by Us to another Bi-
' (hoprick, (hall, from that day of nomination, not prcdune to make
' any Lea(e for three Lives, or 2 1 Years, or concurrent Leafe ^ or
' any ways to renue any Eltate, or cut any Wood or Timber ,but mere-
Hijlorkal Collections.
31
ly to receive the Rents due, and quit the Place : For we think it a
hateful thing, that any Mans leaving the Biftioprick, (hould almoft
undo the Succeflbr. And if any Man (hall *prefume to break this
Order, We will refufe Our Royal Aflent, and keep him at the place
' he hath fo abus'd.
9. ' And laftly ; We command you to give Us an account, every
' Year, the lecond of Jamarji^ of the performance of thefeOurCom-
' mands.
Thele Regal Injunftions were fent to the Arch-Biftiops o^ Canterbury
and Tork^^ and by them to all the Bilhops in both the Provinces.
And in purfuance thereof, the Bifhop of London fummoned all
Minifters and Ledturers within the City and Suburbs of London, and
making a folemn Speech, prefTed obedience to his Majefties Inftrufti-
ons, as being full of Religion and Juftice, and advantagious to the
Church and Common-wealth ; tho they were miftaken by (bme, be-
fore it was poffiblefor them (as he laid) to fee and weigh them.
And afterward the laid Bifhop, in order to procure ready Obe-
dience to the King's Inftruftions, wrote this enfuing Letter to fcveral
Arch-Deacons.
S I R,
THefe are to let you nnderjland. That his Majejiy, out of hit Royal
and Princely Care that the Government of the Church be carefully
looked unto by the BiJIiops, and others rvith whom it is trujled, hath lately
fent certain Infiru3ions to my Lord's Grace of Canterbury, and <?/ York,
to be by them dijperjed to the feveral Bifjops of each Diocefs within their
provinces , to the intent, that whatfoever concerns any Bifiop perfonally, or
othcrwife, in reference to thefe of the Clergie which they are to govern, may
be by every of them readily and carefully performed. The Injiru&ions
which concern the Perfins to be Governed, are only the Third, for keeping
the King's Declaration, that fo Differences and ^ejiions may ceafe , and
the Fifth about LeUurers, and the Seventh concerning private Chaplains
in the Houfes of Men not qualified 5 and the Eighth about, either Reai-
fants, or any other that abfent themfelves from Church and Divine Service.
All the reft are perfonal to the Bifiwps ; yet becaufe they are fi full of Ju-
ftice, Honour, and Care of the Church, I fend to you the whole ^ody of
the Inftru&ions, as they came to me, praying and requiring you, as ^rch-
Dcacon of London, to fend me at or before Wednelday the third of
February /i'cxf, both the Chriftian and Sirnames of every Le&urer within
your ^rch-dycaconry 5 as ivell in places exempt, as not exempt •■, and the
place where he preacheth, and his Quality and Degree. As alfo the Names
of fetch Men as being ttot qualified, kgep Chaplains in their Houfes. And
thefe are farther to pray, and in his Majefeies Name to require you, that
you leave rcith the Parfon or Vicar of the place, a Copy, not of all, but of
the four Inferu&ions mentioned, with the four feveral ''Branches belonging
to the Lecturers, with a charge. That the Parfon or Vicar deliver another
Copy of them to the Church-Wardens •■) and that you do not only call upon
them for Performance now prefently, hut alfo take a great care from
time to time, that at the end of your next Vifetation, and fo forward at
the
5 Caroli.
The Miniflers
and Ledurert
about Lcndctt,
furrmoned up-
on this occifi-
on before the
Bp. oi London.
the Bifhop of
London's Let-
ter concerning
the King's In-
Itrudion^ for
the Clergy.
32
^emdins of
A.;?- 1629.
. lit.
i ,- ,.
' . Serrtdrd
■'jon'd in
High
■niiniffion,
j : iiio words
his Prayer
l.'.c Sermon.
li'l'Lting of
S.):i.!iers op-
•^ id at Cht.
th end of every fever al Vif.tatJon, I ttiay^ by your fclf or your Ofjiculs^
have true notice horv they are perform d, and where, and hy whom they arc
difohcyed ■: For fo much my Lord's Qrace of Canterbury requires of me,
m yoH pall fee by the Tenor of his Grace's Letters to me here inclofed. I
fray you in any cafe not to fail in this, for if you poiild, when I come to
give up my Account, I muji difcharge my felf upon you 3 and that negkB
would make yon go backward in his MajeUies favour, befules whatfoever
elfe may follow. Ihuf, not doubting of your care and fidelity in this be-
half. Heave you to the Grace of God , and f!)alJ fo rejl.
Jan. 4.
Xour very loving Friend,
Will. London.
On the 28/^ of January, Mr. "Bernard Lcfturer at St. Sepulcher's
Church, London, had this Expreifion in his Prayer before Sermon 3
Lord, open the eyes of the Sheen's Majejiy, that pe may fee Jcfus Chrifi,
whom fie hath pierced with her Infidelity, Superflition, and Idolatry.
For thcfc Expreffions he was qucftion d in the High Commiflion Court,
and the Court did declare, that the fame wcrefcandalous andunadviied
Speeches, derogatory to fome particular Perfon of moft eminent Place,
which the Court did not dcfire to have repeated : But in regard the
(aid Mr. 'Ticrnard made an humble fubmiffion, the Court defired the
Billiop of London to acquaint his Majefty therewith, and afterward
Mr. n^ernard was difmifled.
A Letter from the Lords of the Council to the Mayor
of Chichejlcr, January the 4?/;, 1 6|.
WE have bin made acquainted ivith your Letters of the /[th of Janua-
ry infiant, to our very good Lord the Earl of Dorfet, concerning
the oppofition threatned by divers of the Inhabitants of that Town, in the
Billeting of Sculdicrs dirctlcd to be fent thither, by Letters fromthis Board
of the 2dth of this laji Month. The manner and circnniflanccs whereof,
in threatning to fiut the Gates of the City againft them, as if you affumcd
to be a Free-State, and to give Law to your Jelves, with other Infolencies
both in Speech and ASion 5 which feem to us Jirange and unheard of from
Perfbns livii^g Under a Civil Government 5 As that the fame being come to
his Majejiies Ears, he doth much marvel, and is highly dijpleafed there^
withal. And whereas we vnderfland that two of the Burgejfes of the
Town have been the principal Encouragers of the faid Oppofition, by talqng
upon them to tell you (the Mayor) that there could be no more Billeting of
Souldiers by Law-, and accordingly advifed you (the Mayor) to take heed
what you did, for that the Parliament would call you to an account for it. We
there fore, by his Majejiies expref command, have fent the Bearer hereof one
of the Mejfengers of his Majejiies Chamber, with Warrant for the taking
into cuflody, and bringing before m the faid two Burgcffes •■, requiritrg you
to be aiding and ajjijiing unto him in the execution of his fiid Warrant.
^nd we do lih^wife will and require you the Mayor, together with your Re-
corder, and two other Aldermen, jiich as you J/mII thinks fit, to f»ake your
j^eedy repair hither to attend m at our next fitting at Whitchal. Hereof
you may in no wife fail, ^nd fo, 8cc.
In
Hijlorical Collections.
33
In Ireland the Popifli Bifliops, Abbats, Vicars, Jefuits, &c. and
others of that fort, aflembled themfelves throughout the Kingdom, in
publick places to celebrate their Services, and ercfted Buildings, Col-
leges, Convents of Monks and Nuns, in the Eye and open view of the
State, exercifing JuriCiidion by Authority derived from the See of
l^me^ whichueveryday took growth -■, And His Majefty and the Lords
of the Council being advertised thereof from IreluKcl, on the 3 1 of Ja-
nuaryxSi^^ Wrote the enfuing Letter, direfted to thd Lords Jufticcs
and Council di Ireland.
A Letter to the Lords Juftices, and Council o^lrdmL
BT your Letters we underliattd how the feditious T^ot, waved by the
Fryars and their Adherents at Dublin, hath by your good Order and
KefohttJon been happily fiipprejl ; And ree dottbt not but by this occuHon^ yon
will confider horv niiich it concerncth the good Govern/nent ofthatKingdon/,
to prevent in time thefirji grorcing of fiich evils. For where fucb T?eople
are permitted to ftvarm^ they wi// fion make their Hives, and then in dure
no Government but their own, which cannot otherwife be rejiraincd, than
by a due and feafonahle execution of the Laws, and fitch Dirc^ions as from
time to time have been fcnt from his Niyejiy and this Board,. Now it rc-
doundeth much to his Majejles Honour, that the World JJja/I take notice of
the ability and goodfcrvice of his Mmijiers there, which in Verfon he hath
beenpleajed openly in Council, and in mojl gracious manner to approve and
commend, whereby you may be fu^ciently incouraged to go on with like rc-
folution and moderation trU theWork.be fully done, as well in that City, as
in the other places of that Kingdom. The carriage whereof we mufi leave to
your own good difcretions, whofe particular kjiowledg of the prefent jiate of
things, can guide you beji when and where to carry a hard or a fofter hatid ;
only this we hold necejfary to pit you in mind, that you continue in that good
Agreement among your felves, for this and other Services, which your Letters
doexprefs, and for which we commend yoii much. That the good Servant
of the King and State may find encouragement equally from yen all, and
the ill-alfeCied may find no fitpport or countenance from any, or other conni-
vance ufed,than by general advice,for avoiding further evils, fjall be all owed.
Andfurh Magifirates or Officers, if any fl)aU be difcovered, that openly, cr
under-hand, favour fuch diforders, or do not their duties in fiipprejjing them,
and punijJmrg the Offenders, yonpall do well to take all fit and fife advan-
tages, by the pH.'.'ifijment or difplacing of a few, to make the reft more cauti-
ous. This v^e write not as 7nifiikjng the fair courfe you have t^k^n, but to
exprefs the concurrence of our 'judgments with yours. And to affurc you of
our Ajft§iance in all fiich Occa(ions, ivherein for your further Proceedings,
we have advifed, and his Majejiy requireth you accordingly to take Order,
Firfi, That the Houfe where fo many Fryars appeared in their Habits, and
wherein the Reverend Arch-Bifjop and the Mayor of Dublin received the
fir [I affront, befpecdily demolified 5 and be a mark of terror to the Reffiers
of Authority : andthatthereJloftheHouJesere&ed, or imployed there, or
elfewhere in Irehnd, to ihetife of SuperUitious Societies, be converted to
Houfes ofCorre&ion, a^d tofet idle People on work^, or to other publick ufis,
for the advancement ofJufiice,good Art or Trade. And further, that you
ufe all fit means to difcover the Founders, Benefa&ors, and Maintainers of
fuch Societies and Colleges, and certify us their Names. And that you find
F out
5 Caroli.
A letter from
the Pri'ry
Ceitncil in
En^lani to
the Lords Ju-
ftices in Ire-
lan.-i^ ?gainft
the Convents
of FriaiSiNuns
^c. created \:\
heland.
34
Remains of
^i7. 1629.
out the Lands^ Leajes, T^nts or '^J^vent/es applied to their nfis^ a?!d dif-
pofe thereof according to the Law. And that you certify alfo the ^Places^ and
InjiitHtionsofallfuchMonaJleries^ 'Triorics^ ^AQtnneries, and otherT^li-
gious Houfes^ and the Means of all fnch Per fans as have put themfehes to
be Brothers or SiUers therein^ fpecially fitch as are of Note, to the end fnch
evil Plants be not permitted any more to take root in that Kingdom, rohich
vee require you toiak^ care of. As for the fitpply of Munition, which you
have reafon to deiire, roe have taken efiediual order that you ^iall receive it
fvitb all convenient Jpeed. And Jo, 8cc.
Mr. Chancej,
a Miniller,
qieftioned in
the Hi^h-
Commiffiun.
Certificate a-
gaiiifl 'rAr.Pul-
mer, tor iion-
Obedience to
the InlU'Uifli-
ons.
Signed by
Lord Keeper.
Lord Treafurer. -
Lord Prefident.
Lord Privy Seal.
Lord High Chamberlain.
Earl <?/ Suffolk.
Earl of DoiCet.
Earl of Salisbury.
Earl of KeWey.
Lord Fijcount Dorchefter.
Lord Newburgh.
Mr. Vice Chanceller.
Mr. Secretary Cook.
Sir Willipm Alexander.
Mr. Charles Chancy, Minifter of fF^^re, ufing fbme Expreflions in his
Sermon : That Idolatry reas addmitted into the Church ; That tk preaching
of the Gojpel would be fuDpreJfd j That there is much Atheifm, Topery,
[Arminiamfm, and Here]) crept into the Church. And this being looked
upon to raife a fear among the People, that fome alteration of Religi-
on would enfue ^ He was queftioned in the High-Commiffion, and by
Order of that Court the Caufe was referred to the Bifhop of London,
being his Ordinary, who ordered him to make a Submiffion in
Latin.
Mr. Dean, Arch-Dencon of Canterbury, in pur(uance of the aforeGiid
Inftruftions, did certify, that Mr. Palmer, a Lefturer in St. Alphage,
Canterbury, had no Licence to preach there. That he read Prayers
againft the Minifter's Will •■, and Cathechifed, but not according to
Canon. That intheCathechifing he took upon him to declare the
King's Mind in his Infl-rudions. That he had never heretofore read
Prayers, or ufed the Surplice in the Pari(h. That he preached a Fa-
ctious Sermon in the Cathedral Church, and detrafted from Divine
Service there. That Faftious Parties in all the Parifhes in the Town
are his Auditors.
Hereupon the Coramiflioners willed Mr. Palmer to defift ; but they
did further certify, they had fince been informed that his Grace the
Arch-Bilhop of Cdw/er/'wry (meaning Arch- Billiop ^/-/'t'/) hath autho-
rifcd Mr. Palmer to preach again, but he did not long continue
there.
\ ' T"f I S Majefty having heretofore received certain Information, as
A Grant im-
Seai''for^2-cf I ' n. well by the Minifters and Elders of the Dutch Churches both in
( of the exi'ea [ <■ the Parts beyond the Seas, and in our City oi Lovdon, as bv the fpe-
' cial earneft Recommendation of our Deareft Sifter, and Her Royal
' Confort, our Dear Brother the Prince Eleftor Talatine, of the mofl:
' diftrefled and lamentable Eftate, of the poor exiled Minifters of the
Palatinate,
FaUlin.ire
Minilkrs.
■ ■— I— .i.l -■■■ ■ I 1^ ^■^^^■^»^^— ^^M^
Hiflorical (Collections.
35
' Palatinate, their Wives and Children, who falling into the power of I 5 Caroli.
' their cruel Enemies, have been fpoiled of all their Temporal Eftates, >-<5=''"^/^"^>-J
' and expofed unto unexpreffible Mileries, and are now enforced, as
' Exiles, to retire and hide them(elves from the violence of their Ad-
' verlaries, in (everal Cities, Towns, and other Places, where they live
' in very great penury and want , moll: of them having formerly had
' plentiful and liberal Means to fuftain their own Charge, and to be
' helpful to others, whole Cales are the more to be deplored, for that
' this extremity is fallen upon them for their Sincerity and Conjiancy in
' the true Thligion t, which vcc together with them do profejs, and which we
* are all bound in Confcience to maintain to the utntoji of our Powers.
'■ Whereas thc(e Religious and Godly Perlbns being involved amongft
' many others their Country-men, in that common Calamity, might
' have enjoyed their Eftates and Fortunes, if with other Back-fliders
' in the time of trial they would have fubmitted themfelves to the
' Anti-chriftian Yoke, and have renounced or diffembled the profef-
' fion of the true Religion. The King taking thefe things into his
' Princely Confideration, and being moved with the Bowels of Com-
' paffion towards them, as feeling Members of the fame Body, where-
' of Chrift alone is the Head. And being certainly informed, that
' thofe of the United '^Provinces, and di\'ers other T^rotejlants in other
' places, have bountifully contributed towards their Neceflities. And
' the King being allured that all his loving Subjeds of this his King-
' dom, who have long enjoyed the freedom of the Gofpel, and have
' tafted largely of the Comfort thereof, will not be inferior to any in a
' work fb full of Piety and Charity towards their diftreffed Bre-
' thren.
' His Majefty, Out of his Princely Grace doth Order and Grant,that
' a General Colledion be made of the charitable D^otions and Libe-
' ralities of all his loving Subjects throughout this his Realm of^ngland
' and Dominion of JVales, towards the relief and fuccour of the faid
' poor Exiles.
After this Patent was pafTed the Great Seal, thel^iihop of London
being diflatisfied at Come Exprefiions therein, moved his Majefty con-
cerning the fame, and prevailed to have the Patent carrcelled, to the
end thefe Words following might be left out, viz. Which 'Religion
we together with them profej^^ and are all bound in Confcience to maintain
to the uttermofl of our Power. And accordingly that Patent under the
Great Seal was cancelled, and a new Patent to all the intents and
purpofes as the former, was granted, and did pais the Great Seal 5
The Words laft abovementioned being wholly left out.
Towards the latter end of this year, the Ring did ferioufly take in-
to his Thoughts and Care the diftrelTed Condition of his only Sifter,
the Queen of Bohemia^ being driven out of the Palatinate by the Em-
peror, and her Hufband's Patrimony given to the Duke of Bavaria,
and therefore was willing to hearken to the Ambaffadors of Forreign
Princes who applyed to His Majefty in their Mafters Names to join
with t\\Q French King to mediate a Peace between the King oflPoland
and the King of Sweden, then at Warrs together. Which Mediation
thofe two Kings immediately undertook, and prevailed for a Truce for
fix years ^ the one fearing left the Emperor being victorious againft
the confederate Proteftant Princes, ftiould through his fuccefs endea-
F 2 vour
The King's af-
fedion to> and
great care of
his only Sifter
the Queen of
Bthtmiait.
The Kings of
EngUad and
trance make
a Peace be-
tween the
Kings of Swe-
den and Po~
land.
3^
Remains of
^n. 1629.
The King of
Sweden defigns
an expedition
into Germany.
Sends an Am-
baflador into
England.
The King re-
folvesto raife
^000 Men.
Col, Alex.
Hamilton and
Rumfey fent
to the King of
Sweden,
i
Execution of
the Emperor's
Ediftin favour
of the Cjtho-
lic Clergy at
vour to extend his Empire to the prejudice ofFrojtce 3 and the other
hoping by making a Peace between the Srvede and the Pole, to get the
Swede's Affiftance for the recovery of the Palatinate.
The King of Svpeden after making the (aid Truce, finding the In-
chnations of his Army for Aftion abroad, re(blved to keep them toge-
ther in order to a defign upon Germany, giving out that he would re-
lieve the opprefled Princes and People of thofe Provinces in Germany,
and endeavour to reftore them to their antient and undoubted Rights
and Liberty.
In order to this Defign, he fent an Ambaflador into England to
treat for Affiftance, and the Ring of 'Bohemia and the Queen, writ
effeftually to the King o( England her Brother upon the (ame account j
the Queen of 'Bohemia alfo writ to Marquefs Hamilton, her ncarelt
Kinfman and greateft Confident, to be Inftrumental with the King her
Brother, to affift the King of Srveden with Forces.
His Majefty readily complyed with the defires of the King and
Queen oi Bohemia, and refblved to rai(e an Army of 6000 Men, to
go under the Condud of Marquels Hamilton, which (hould not appear
to the World to be any otherwise raifed, than as the voluntary affi-
ftance of his Subjeds, for it was not then convenient publicly to dif
oblige the Emperor, while Sir Robert ^Amjirother was Ambaflador at
that Court, to endeavour the Reftitution of the Palatinate 3 and hopes
there were at the fame time by a Treaty with Spain to gain the
lame.
Hereupon towards the latter end of this Year, the Marquefi fent
Col. ^lex. Hamilton, Brother to the Earl of Haddington, to the King
of Sweden, with a general offer of his Services 5 which was affedio-
nately received by that King, who prefently fent him a Commillion
to be General of what Army he fhould bring over. And to expedite
a Treaty with the Sa>ede,\XY>on what terms and conditions the Marquefs
(hall engage upon that Defign : His Lordfhip alfb fent unto the King
one David Ramjey, a Scottiln Man (a Gentleman of the Privy Cham-
ber to the King of England) who well undcrftood the German Lan-
guage, and was recommended to his Majefty b}^ the King and Queen
of Bohemia, as one who had approved himfelf faithful to the Intcreft
of the Palatinate Caufe.
About this time the Emperor upon (everal Remonftrances, com-
mands his Edid: in favour of the Romifh Ecclefialfics at ^iifpurg and
other parts, to be put in Execution, which is in the Circle of Sttahia,
where the Imperial Commiffioners arrived in the City of ^njfurg,
with (bme Companies of the Pea(antry, raifed in the Territories of
the Bifhop of the (aid City ; where they gave the Governor of their
Miniftry to underftand his Imperial Majefiies Mandate and Pleafure,
That they (hould reftore all Ecclefiaftic Goods to their lawful Pro-
prietors •■) and during the execution hereof^ all the Churches of the
City were (hut up. They alfb acquainted the Proteftant Paftors of
the Augufian Confeffion with the fame Mandate •■, That they muft
wholly forbear the exercife of their Religion ^ that tho(e among them
who had the priviledg of Burgers, may continue there, and for the
reft, they were commanded to depart the City, and retire to (bme
other place. During the faid execution, all the Inhabitants were en-
joined
Hiflorical QoUectiom.
37
joined to confine themfelvcs to their HoufeSjand to follow their Trade
there, without ftirring forth.
Some fmall time after, his Imperial Majefty finding it expedient
that the Exercife of the Profeffion of Aufptrg (hould be abiolutely
and totally aboliflied there ; and being adviied that there were in that
City fomc Perfons who oppofed his Imperial Majefties Decrees in that
behalf Hereupon the Emperor's Commiffaries, the Bifhop, Magi-
ftratts, and Clergy, thrcatned even to plunder and burn all that they
had f and commanded them to abftain from (editious Expreffions up-
on pain of Death : And declared to theProteftant Paftors, That they
were to withdraw themfelves for the time to come, for that the Catho-
lic Bilhop fliould, as his proper right, hold the (aid Epilcopal See.
The (Imie Edid was alfo executed in the Town of Hulberfiadt on
the 2 6tlj of December^ the Imperial Commiffioners being received ve-
ry fplcndidly by the Duke of Fridland and Count Trlly. Two days
after their Reception, they began to confider of the Places and Reve-
nues to be reftored to the Catholics •-, and though the Proteftants de-
taining them, pretended to defend themfelves by the affurances of the
Emperor's Grant made to them 5 the Commilfaries notwithftanding all
that, proceeded in their Defigns with rigor.
Alio Walkjlew Duke o( Fridland, and his Heirs, were (blemnly in-
verted by the Emperor at Vienna with the Dukedoms of Mecklenburg,
and that by right of a Fee Imperial, and by virtue of a certain Decla-
ration of his Imperial Majefties publilhed againft the Dukes of Meckc
lenbtirg, and (ent to the Eleftor of Saxony, whereby they ftood accufed
of HighTreafon, Rebellion, &c. And that, if they did not (ubmit
to this Declaration, they (hould be proceeded again(t by the Ban of
the Empire.
The King of iS'jvci^cw hearing of the(e and other violent proceedings
againft the l^roteftant Princes, haftned his preparations for an expedi-
tion into Germany ^ and in the beginning of the next year 165-0, con-
cludes upon Tearms with Marque(s Hamilton, for the affiftance of
6000 Men to be tranfported into Germany 5 of which more particular-
ly in time and place in the next year.
An Inftrument in Writing was on the lyth of March drawn up, de-
claring the death of King ^ J M£ 5, and that by his Decea(e, the
Imperial Crowns of Great Britain, France, and Ireland, are rightfully
come to the High and Mighty Prince C HA RLES: Which Writing
was in the firft place figncd by John Gore, then Lord Mayor of Lon-
don x, After him by George Lord Arch-Bifhop of C^w/er/'wrj^ John Lord
Bifhop of Ihtcoln, Keeper of the Great Seal of England j then by the
Lords Temporal, and (uch other Nobility and Gentry as appeared to-
gether at that time. Which Writing, after the (aid Sublcriptions, was
publifded in Print by Bonham Norton and John Bill.
We hope the Reader will not think his time mifpent, to take a view
of the Titles of King Charles his Proclamations, as they came
forth in order of time, from the firft Year of his Reign. Where-
in the Reader may ob(erve where the Court was kept when any
of thofe Proclamations were figned. And the Author in the
Appendix doth al(b (et down the (ubftance of many of the moft
material of thole Proclamations for the Reader's further fatif^
faftion. Titles
•^Curoli.
The Excrcilc
of ^HJpurg
1^1 otellint Re-
ligion to be
aboliltcd.
Ecdefiaft. Ju-
rildift. recom-
mitted to the
lawful CatJio-
lic liifliop.
The like at
Hall>er(iadt.
The Prore-
(bnts infirt on
the Emj'eror's
Grant in I6j8
The Duke of
Tiiiland in\e-
lied with the
Dukedoms of
Mtcl-lenburg.
Prince Charles
prodainKii
King.
38
wnfi^mermmmr^^w
"Remains of
j{n. 1629.
Titles of PRO Cl. AM AT ION S,&c.
"Pro ^nno 1625.
St. jAmes^l,
M'tTch l8.
A
St. Jamei\,
MMch 18.
St. James's,
jipriL I.
April I ;.
Whitehall,
April I J.
Whitthai,
May »•
WhitehaK,
May 30.
Whitehall,
May ij.
Whitehjtt,
May 14.
WhitehaU,
May I J.
whit eh aU,
May 17.
Whitehall,
May iiS.
Whitehall,
June 18.
OatlanAi,
July IX.
Proclamation fignifying his Majefties Pleafure, That all Men
being in Office of Government at the Deceafe of his moftDear
and moft Royal Father, King James, (hall fo continue till his
Majefties further Direftions.
'BytkK^lKG. I
A Declaration of the Death of his Father King James of the nyth
of March^ and of his being invefted in the Crown Imperial of this
Realm, and all other his Majefties Dominions , That he doth not mi-
ftruft but that they will ftiew thenafclves obedient Subje<lts.
A Proclamation to Inhibit the Sale of Latine Books reprinted be-
yond Seas, having bin firft printed in Oxford or Cambndg.
A Proclamation for the maintenance and increa(e of the Mines of
Salt-Peter, and the true making of Gunpowder, and reforming abufes
coccerning the fame.
A Proclamation prohibiting the Importation of A Horn , and the
buying and (pending thereof in any his Majefties Dominions.
A Proclamation concerning Buildings and Inmates within the City
of London^ and Confines of the fame.
A Proclamation for the continuing of Our Farthing Tokens of
Copper, and prohibiting the counterfeiting of them, and the ufe of
all other.
A Proclamation for (etling the Plantation of Virginia.
A Proclamation for the Prices of Victuals within the verge of the
Court.
A Proclamation for the reftraint of Diforders in Souldiers Preft
for his Majefties Service.
A Proclamation for reftraint of diforderlyand unneceflary refort to
the Court.
A Declaration to the (ame effeft.
A Proclamation for the Adjournment of part of Trinity Term.
A Proclamation concerning the Adjournment of the Parliament.
Hijlorkal Collections.
39
A Proclamation for the removing the Receipt of his Majtfties Ex-
chequer^ from Wejimwfier to Richmond.
A Proclamation prohibiting the keeping of Bartholomew Fair, and
Sturhridg Fair.
A Proclamation for recalling his Majefties Subjeds from the Semina-
ries beyond the Seas, and putting the Laws againft Jefuits in Execu-
tion.
A Proclamation for the Adjournment of part of Michaelmafi Terra.
A Proclamation for making currant certain French Coin.
A Proclamation for the calling home of all fuch his Majefties Sub-
jefts as are now employed either by Sea or Land in the Services of the
Emperor, the King of Spain^ or the Arch-Dutche(s.
A Proclamation for the further Adjournment of Michaelmafs Term.
A Proclamation for the avoiding of all Intercourfo between his
Majefties Royal Court, and the Cities of London and Wefiminfier^
and Places adjoining.
A Proclamation for the commanding of all Souldiers lately employ-
ed in the Fleet, upon their Arrival, not to depart from their Colours.
A Proclamation to forbid the Subjects of the Realm of England^
to have any Trade or Commerce within any the Dominions of the
King of Spain, or the Arch-Duchels.
A Proclamation for the well managing and arming of the Ships of
or belonging to this Realm, upon their letting forth to Sea.
A Proclamation againft imbezelling of Armour, Munition, and Vi-
ftual, and other Military Provifions.
A Proclamation to declare his Majefties Pleafure, that a former Re-
ftraitit enjoined to the Citizens of London for repairing to Fairs for a
time, is now fet at liberty.
A Proclamation for the better confining the Popifti Recufants don-
vift according to the Law.
A Proclamation for reftraint of killing, dreffing, and eating of Flefti
in Lent, or on Fifti days, appointed by the Law "to be hereafter ftrift-
ly obfcrved by all forts of People.
A Proclamation to declare his Majefties Pleafure touching his Royal
Coronation, and the folemnity thereof
A Proclamation for a general and publick Thankfgiving to Al-
mighty God for his great mercy in ftaying his hand, and aflwaging the
late fearful Vifitation of the Plague.
Titles
5 Caroh.
Knot,
July 31.
AugDft 4.
Woodftocli_,
Auguiti4.
Tfchfitld,
Scpcemb. 4.
Tichfield,
Sept em b. 4.
Tichfield,
Septem. ii.
S.distury,
Odob. I'l.
Salisbury,
Oftob. 17.
Windfar,
Dccemb. 1 5,
Hamfton-
CoartfDec.i^.
Hamfton-
Manner of
I-lanjpto»,
Dec. 15.
Hamfton-
Court, Dec. ^o-
Whitehall,
Jan. II.
WhstehaH,
Jan. 14.
WhitehAl,
Jan. 17.
irhitehall,
Jan. zt.
40
Remains of
./^v. 1629.
WhitehMl,
April 14.
whit eh ally
May 26.
Whitehall,
June I4.
Palace of
Wejimtnfltr,
June 1 6.
Whitehall^
June 18.
Whttehafl,
June 18.
Whitehall,
June 30.
WhitthAl,
July 10.
Whitehall,
July 14,
Konefuch.,
Augulll3-
Whitehall,
Auguft »7.
Palace of
Wcjiminper,
Septemb. 4.
Hamptot!-
Court.Se^t. iz.
Whitehall,
Oiftob. 7.
Whitehall,
Oflob. 7.
A
Wf5 of P R O C LA M AT IONS, <6rc.
(Pro /^«?w 1626.
Proclamation for the better furniftiing of the Navy, and increafe
of Shipping.
A Proclamation for Fee Decree.
A Proclamation for the eftablifliing of the Peace and Quiet of the
Church of England.
A Proclamation prohibiting the publifhing, difperfing, and reading
of a Declaration or Rcraonftrance drawn by fome Committees of the
Commons Houfe of the late diilolved Parliament, and intended to
have bin preferred by them to his Majefty.
A Proclamation touching Mariners.
A Proclamation for the better ordering of thofe who repair to the
Court for their Cure of the Difeafe called the Kings Evil.
A Proclamation for a General Fall: throughput this Realm of
England.
A Proclamation commanding all Inhabitants on the Sea Coafts, or
in any Ports or Sea Towns, to make their fpeedy repair unto, and con-
tinue at the places of their Habitations there, during thele Times of
danger.
A Proclamation touching the currency of certain French Coin.
A Proclamation to declare and publi(h his Majefties Refblution, to
alcertain his Revenue by granting his Lands holden, as well by Copie
as otherwife in Fee Farm.
A Proclamation for all Captains, Mafters and Officers of Ships, and
Mariners, which are to ferve in the King's Fleet, to make their pre-
sent repair to Portfmoitth.
By the King. A Declaration concerning Gold and Silver Coins.
A Declaration concerning the return of Monies to be emploied in
tie defence of the Realm, &c.
A Proclamation for the reftraint of the diforderly repair of Mari-
ners and Souldiers unto the King's Court, or City of London.
A Declaration of his Majefties clear intention in requiring the Aid
of his loving Subjefts, in that way of Loans which is now intended
by his Highnels.
Hiflorkal Collections.,
41
A Proclamation commanding the repair of Noble-men, Knights,and
Gentlemen of Quality unto their Manfion-Houfcs in the Country ,there
to attend their Services and keep hofpitality.
A Proclamation to reftrain the unlawful tranfportation of Hides
and Leather.
A Proclamation for the better making of Salt-Peter in this King-
dom.
A Proclamation, that all Captains, Lievtenants, and other Officers,
fhall repair to their Companies, and that all Souldiers fhall repair to
their Colours.
A Proclamation for reftraint of killing, dreffing, and eating of Flefh
in Lent^ or on FiQi-days, appointed by the Law to be here-after ob-
ferved by all forts of People.
A Proclamation touching Tobacco.
A Proclamation to prevent the furnifhing of the King of Spain and
his Subjefts with Provilions for Shipping, or Munition for the Wars,
and with Victuals.
A Proclamation for the apprehenfion of John Holland and Robert
Blow Gentlemen, late Servants to the Earl of Lincoln.
Tlf/wo/ PROCLAMATIONS, o^c.
^ro ^nm 1617.
A
Proclamation prohibiting the Importation of any Goods or Mer-
chandize whatlbever in any French Ships or Bottoms.
A Proclamation for the explaining of a former Proclamation lately
publilhed, intituted, A Proclamation prohibiting the Importation of
any Goods or Merchandize whatfoever in any French Ships or Bot-
toms.
A Proclamation for the better execution of the Office of his Maje-
ftics Exchange, and Reformation of lundry Abules and Frauds pra-
ftifed upon his Majefties Coins.
Together with the Articles, which by virtue of the Proclamation
hereunto annexed, We will and command (hall be duly obferved.
A Proclamation againft tmjuft pretences for colouring of French
Goods, taken by way of Reprize.
A Proclamation for the maintaining and encreale of the Mines of
Salt-Peter, and the true making and working of Salt-Peter and Gun-
powder, and reforming of all abufes concerning the fame.
5 Caroli.
whiteha
Nov, 23.
Whitehall,
Whitehall,
Dcccnib. 14,
Whitthall,
Jan. 1.
Whitehall,
Jan. 29.
Hanrjitiin-
Cs«Af, Jan.a j.
WhitthaH,
Feb. 17.
New-murktt,
Mai-ch 4.
Whitehall,
Match II,
Whitehall,
April 18.
Whitehall,
May 12.
Whitihall,
May 15.
whitihall,
June 2y.
/Impthell,
July 23.
42
HiJloYtcal Collect torn.
.^v. 1629.
Courc at
Windfor Aug. 9
Caftlc at
W^tttdjof,
Augtiftio-
Auguft 18.
Whitehall^
oaob. II.
whitehaH,
Novemb. ic.
Whitehall,
Novemb. 28.
Whitehall,
Novemb. 30.
Whitehall,
Dec, 8.
Whitehall,
Jan. X5.
Wbitlhally
Feb. 4,
Whitehall,
Feb. 10.
Whitehall,
Feb. 10.
Whitehall,
Feb. I J.
Whitehall,
Feb. itf.
Whitehall,
Feb. 16.
Whitehall,
Feb. 17.
Whitehall,
March 9.
A Proclamation for the Ordering of Tobacco.
A Proclamation for the Tranlportation of any kind of Corn,Grain,
or Viftuals for the fupply of the Navy or Army in the parts of Fr^we.
I
A Proclamation for the Tranfportation of any kind of Corn, Grain. |
or Viftuals, for the fupply of the Navy, or Army, in the parts of!
France.
A Proclamation declaring his Majefties gracious intention concern-
ing his Commiffion lately granted, to enquire of new Offices erefted,
and new Fees erefted in Courts of Jufcice fince 1 1 Eljzahetb.
A Proclamation prohibiting the u(e of Snaffles, and commanding
the ufe of Bits for riding.
A Proclamation commanding the repair of Noble-men,Knights,and
Gentlemen of QuaUty, unto their Manfion-Houfes in the Country,
there to attend their Services, and keep Hoipitalities.
A Proclamation, That all Captains, Lievtenants, and other Officers,
(hall repair to their Companies, and that all Souldiers (hall repair to
their Colours.
A Proclamation to prevent the purloining and ftealing of Arms,
Powder, and other Munition and Habiliments of War.
A Proclamation for all Souldiers to repair to their Companies.
A Proclamation for reftraint of killing, dreffing, and eating of Flefli
mLcKt, or on Filh-days, appointed by the Law to be hereafter ftrift-
ly obferved by all forts of people.
A Proclamation againft the unneceffary wafte of Gun-powder.
A Proclamation concerning Buildings and Inmates within the City
of London^ and confines of the Cime.
A Proclamation for the better encouragement and advancement of
the Trade of the Eaji-India Company.
A Proclamation for the Execution of the Statutes made againft.
Rogues and Vagabonds.
A Proclamation declaring the King's Royal pleafure for the aflem-
bling of the Parliament.
A Proclamation for the reprefling of Diforders of Mariners.
A Proclamation prohibiting the buying and felling of any of his
Majefties Arms of Munition, and to reform the abufes committed at
Mufters and Trainings, by borrowing of Arms.
titles
Hiflorical Collections,
43
A
M^j 0/ PROCLAMATIONS, &c.
Tro jfnno i ^ i 8.
Proclamation for the better ordering of thofe who repair to the
Court, for their Cure of the Difeafe, called the Kings Evil.
A Proclamation for the calling in, and fuppreffing of two Sermons,
Preached and Printed hy'l^ger Mainvparitig Dr. in Divinity ,Entituled
'J^ligiott and Allegiance.
A Proclamation directing how Prifbncrs (hall be ordered, which
are taken at Sea by Men of War.
A Proclamation declaring his Majefties Royal Pleafure and Com-
mand, for putting the Laws and Statutes made againft Jefaits, Priefts^
and Popifli Reculants in due Execution.
A Proclamation, for the further Proroguing of the Parlia-
ment.
A Proclamation Prohibiting the Tranfportation of any Corn,Grain,
Victuals, Ordnance, Arms or Munition for War into the Kingdom of
France.
A Proclartiation declaring the King's Majefties Royal Pleafure touch-
ing the Inhabitants ofAlgier, Tunk, Sally arid Titnan^ in the parts of
Africa.
A Proclamation declaring his Majefties Royal Pleafure, touching
the EngliJI) Soldiers late employed at Sea in his Service, and now dif
charged.
A Proclamation declaring his Majefties Royal Grace and Pleafure,
to confirm to his Subjeds their defeftive Titles, Eftates and PoflefTions
(as well by colour of former Grants, as without any Grant from the
Crown) by his CommifTion granted to that purpofe.
An Abflract of the feveral Heads and Branches of his Majefties Com-
miflion of Grace for the fecuring,retling and confirming to hisSubjefts
their defeftive Titles, Eftates and PofTeflions, by which his Majefties
Commiflioners have power to compound.
A Proclamation for the Apprehenfion of Richard Smithy a Popifh
Prieft, ftiled and calling himfelf the Bifhop oiCalccdon.
A Proclamation for the fuppreffing of a Book entitulcd Appcllo Ctc-
farum^ or an Appeal to Caefar.
G 2
5 Caroli.
Whitehdll,
June 17.
Whitehall,
June io.
Pcrtfrnouth,
July ij.
Southtfiic^f
Aug. 3.
HamftoTi-
Courf,
Oaob. I.
Whitehall,
oaob. I J.
Whitehall,
oaob. 11.
■jfrhitehdll,
Novemb. I j.
Whiuhall,
Decemt- iS.
Whitehall,
Dcccmb. II.
Whitehall,
Jan. 17.
44
Remains of
^». 1629.1
Whitfhall,
Jan. 11.
i Feb. 7.
WhitehM,
f eb. 14.
March i.
t whttchdl,
March! 1.
Whitehati,
March 24-
IlVhifehjH,
Match 17.
E Whitehall,
I Mirch If.
Grttnrvich,
May 2.
CrecTUvich,
May 10.
Girentvich,
May 17.
Cree»tvich,
May 17.
A Proclamation for reftraint of killing, dreffing and eating of Flefli
in Lw/, or on Fith-days, appointed by the Law,to be hereafter flrittly
obferved by all (brts of People.
A Proclamation for reftraint of4illing, dreffing and eating of Flefh
in Lent, or on Fi(h-days appointed by the Law to be hereafter obfer-
ved by all forts of People.
A Proclamation for a general Faft to be held throughout this Realm
A Proclamation about diflolving of the Parliament.
An Order of the Lords of the Council, concerning the payment of
his Majefties Army employed to Q^i/s, and for cafting up of the Ac-
couius by the Auditors of the Inipreft, to the end that all Officers and
Soldiers may be duly paid.
A fecond Proclamation for the Apprehenfion of T^ckird Smith'
a PopitTi Prieft, ftiled and Tailing himfelf the Bifhop of Calce-
clot?.
Titles 0/ PROCLAMATIONS, c^r.
^ro Anm i <$ 2 9.
^y the KJISig.
A Proclamation for fupprcffing of falfe Rumors, touching Parlia-
ments.
AProclamationforthc Apprehenfion of J ry/t-r Lo»^ Efcjuirc, and
WiL'iam Strode Gentleman.
A Proclamation for a General Faft to be folemnized throughout
this Realm.
A Proclamation prohibiting the Exportation of Corn and Grain.
A Declaration of Peace with France.
A Proclamation Commanding the due Execution of the Laws, made
for fetting the Poor on work.
A Proclamation for the (pecdy (ending away of the Irijt} Beggars
out of this Kingdom, into their own Country 5 and for the fup-
prcffing and ordering of the BxglJjf} Rogues and Vagabonds according
to the Laws.
Hijlorical Collections.
45
A Proclamation for the better ordering of. thofe who repair to the
Court for the Cure of the Difcafe called the Kit:gs Ev/l.
A Proclamation concerning the making of/Starch^ and avoidi'ng thfe
annoyance thereby'.
A Proclamation touching the Importation of French Wirks,
A Proclamation againft felling of Ships.
A Proclamation for the better Difcovery and Apprehenfion of
thofe Malefadors, who were Adors in the late infoleiit Riots and
Murders committed in F/ee/-/?rce/, Lc^W^/;, Vi^oi\ Friday t\\2 lo/Aday
of this inftant Month oi'Jtilj.
A Proclamation for the preventing the decays of C/^«rr^ej and Chjp-
pels for the time to come.
#
A Proclamation recommending to all Magiftrates to give Paflage
to luch EKgliJIi and ScottiJI) Soldiers^ as the King hath called out of the
Service of the States Ge'neral, until the King (hall have occafion to
call them to his Service. And that they be treated in their refpe-
ftive Countries with all charitable refpeft due to Men,who have faith-
fully ferved the Allies of their Princes.
A Proclamation for the reflraint of killing, dreffing and eating of
Flelh in LetJt^ or on Fifh days, appointed by the Law to be hereafter
obferved by all (brts of People.
That which foUoweth in order of time after the beforementioned '
Proclamation, is a Grant from King Charles under the Privy Seal,
dated the I4^A of eyM/rr^ 2^. Qr. of the Lights of Dswgenefs upon!
the Coaft of Kent. And that there (hall be coUedcd of every Ship,
Hoy and Bark that (hall pa(s that way, one penny upon every Tun,
outwards and homewards bound, to the encouraging of which
Grants, divers Sea-faring Men and Merchants have iub(cribed their
confent.
The next thing Collefted in Order of time after the Grant
beforementioned, is a Paper, entituled InjlrHtl ions for the Clergy.
The next which follows is his Majefties Letters Patents under the
Great Seal of England^ for a CoUeftion to be made for the poor
Exiled Minijiers and their Wives and Children, being fpoiled of
all their Temporal Eftates, and* expofed to unexprcfiible Miferies,
whofe Caufes are the more to be deplored for that extremity is
fallen upon them for their Sincerity and Gonftancy in the true
Rdigion.
5 Caru)li.
Ortenwsch,
June 30.
. Nonfuch,
hh-7-
Nonfuch,
July li.
WhitehJl,
]u'yl8-
HdfflfltOTi-
Oitob. II.
Wtjimtnper-)
Decemb. 2.7.
Whttthali,
Jan. 18.
V/cJiminften
March 14.
Weftminff(r,
Maich l^.
4^
Remains of
Whit eh Ai,^
March 7,
March 9.
A Proclamation, reviving and enlarging a former Proclamation
made in the Reign of King James, Prohibiting the bringing in of any
Commodities traded by the EajHand Merchavts into this Kingdom,
as well by Subjeds as Strangers not free of that Company, \<'ith a
Publication of certain Statutes for the reftraint of all his Majefties
Subjefts from (hipping any Commodities in Strangers Bottoms, either
into, or out of this Kingdom.
A Proclamation for the reftraint of exceffive Carriages to the deftru-
ftionof the High-ways.
Hiflorical
47
On the fixth day of April, his Majefty caufed to be publilhed this
Proclamntion for the better ordering of thole who repair to the Court
for tlie Cure of the Difeale called the Kwgs-Evil.
WHereas by the Grace and Bleffing of God, the Kings and
^ecKs of this Realm, for many Ages paflr, have had the
happincfs, by their (acred Touch, and Invocation of the Name of
God, to cure thofe who are afflifted with the Dileafe called the
Kifrg'j Evil : And his now moft Excellent Majejiy, in no left meafure
than any of his Royal Predeceflbrs, hath had good fuccefs herein j
and in his moft gracious and pious difpofition is as ready and willing
as any King or ^cen of this Realm ever was, in any thing to re-
lieve the diftrelles and nccellities of his good Subjefts , yet in his
Princely Wi(dom, forefeeing that in this, as in all other things. Order
is to be obflrvcd, and fit Tunes are neceflary to be appointed for
the performing of this great work of Charity : His moft excellent
Majcfty doth hereby publifti and declare his Royal Will and Pleufure
to be j That whereas heretofore the ufoal times of prclenting fuch
' perfbns
illiorical Collcdions
For the Year 1630.
E begin this Year in order of Time, with a Let-
ter dated the firft ot Aprils written from the Bi*
fhop of I\elmore in Irelandj to the Bifliop o^ Lon-
don j to this effedt.
I Haze bin (faith he) about my D'loceCs, and can Jtt cloven, out of my
kfwwkdg and vierv, what I Jlmll relate 5 and Jl)ortly to jpeak^ much
ill matter in a few words. It is very mijerable every way ^ The Cathedral
of Ardagh, (one of the moji ancient in Ireland, and faid to be built by
St. Patrick) together with the Bijhofs Houfe there^ are down to the
Ground : The Church here built, but without Bell or Steeple, Font or
Calice. The Parijlj Churches all in a manner ruined, unroofed and unre-
paired. The People, faving a few britijli Planters here and there (which
are not the tetith part of the Remnant) obftinate Recufants -^ a PopiJI)
Clcrgie more numerous by far than we, and in the full exercife of all Ju-
rifdjcf ion Eccle^ajiical by their Vicars GcnQva}, and Oihcuh, who are Jo
con f dent, as they Excommunicate thofe that come to our Court, sven in
Matrimonial Caufes ; which affront hath bin offered my felf by the Popifj-
Primatc's Vicar- General ; for which I have begun uTrocefs againji him.
The Primate himfelf lives in my Parijl), ivithin two miles of my Houfe :
The Biffop in another part of my Dioce(s farther off-^ every Parijl) hath
his Prieft, and fame two or three a piece, and fo their Maf-Houfcs : Alfo
in fame places Mafs is faid in the Churches. Friars there are in divers
places, who go about, though not in their Habits ; and by their importunate
begging, impoverip the People, who indeed are generally very poor.
6 Caroli.
Bifliop of /C«^-
more's letter
to the Eilhop
of London, of
the inneafe cf
Popsr/ in Iie-
l.iad^ and ol
t' e decay of
Churches.
Concerning
the cure of the
Difcaie called
the Hjng's-
48
Hisiorical Collections.
^n. 1630.
The timely
conformity of
the Minifttrs
of Tork. to the
Regal Injun-
iftions.
' Perfons to his Aitjejiy for this purpofe were Eajier and Whitjcntide ;
' that from henceforth the times fliall be Eajier and Michaehmfs^ as
' times more convenient both for the temperature of the Scafon, and
' in refpeft of any Contagion, which may happen in this near acce(s
' to his Majejiies Sacred Perfon •■, and his Mujefly doth accordingly
' will and command, That from the time of publilhing this Proclama-
' tion, none prefume to repair to his Majefties Rojal Court^to be healed
' of that Dileafe before the Feaft of St. Michael now next coming.
The Form of Divine Service ufed at the time of this Solemn Cere-
mony, was as foUoweth.
The Gofpel was read written in the i6th of S%.Mark.^
Jejus appeared UKto the Eleven, Sec.
And the Gofpel written in the firft of St. Johf/^
In the begimiing ivas the I Yord^ &c.
And as often as the iiing putteth the ^ngel about their Necks, re-
peat thefe words,
That Light was the true Lzght^ rchich lighteth every Man into the
World.
After this the Lord's Prayer is laid ; and another Prayer on the be-
half of the Difeafed, that they receiving Health, may give thanks to
God, &c.
William Earl of Pemhroo^ on the loth of April departed this Life j
he was the third Earl irom his Creation, Lord Warden of the Stan-
nerj/s, Governour of Port(;:-':nit\ Kni?;ht of the Garter, Lord High-
Steward of the King's Hoalnoid, a. id Chancellor of the Univerfity
of Oxford 3 He (iipt tb.c n'^ht before his Death with the Countefs of
Bedford at Bijliops-gau ^ upon the day of his Birth,being then of the Age
of feventy Years ^ he went home from thence to Bainard's Cajtle^
admiring his Health, and ^aid, He would never truft a Woman Pro-
phetels for the Lady Duves fake , who told him, He (hould die that
day of his Birth. He went to Bed very well, but died of an Apo-
plexy before eight in the morning. He was told of the time of his
Death long before it happened by the (aid Lady. Which Lady often
faid to a greater Perfon than ri\s Earl, That great misfortune would
befal him, for which (he was lome time imprifoned.
This Earl died without Heir, and his Honour defcended to Philip
Herbert his Brother, Earl of T^embrok^ and Montgonnry.
The news of his Death came ipeedily to the knowledg of the Uni-
verfity of Oxford, who two days after chofe the Biihop o^ London
Chancellor j and the Univerfity fliortly after came up to the Cere-
mony, and gave the Bifhop his Oath.
The Minifters of the City of Tork^ having given proof of their
Obedience, in obferving the late Inflruftions for the Clergy, did on
the 24//) o£ May make an Addrefs to the Arch-Bifiiop of that Pro-
vince, and to the Lord Prefident of the North, foi a more ample al-
lowance.
This Cau(e was preferred to the Lords of the Privy-Council, who
were pleafed to take notice thereof; and for the encouragement of
their Endeavours, as being fruitful in part already, and giving hope
of
Hiftorical (Collections,
49
An Oder of
Council for
increalc of
Maintenance
for them.
of more Fruit by Catechifing, and other Divine Exercifes, thought 6 Carol/.
fit that an Addition (hould be made to their Yearly Maintenance, not ^-^^''V^J
exceeding Twenty four 'Votwds by the Year.
And they confider'd a courfe that had bin held in the like Cafes in
the City of London and Normrh, and other Places, which might (erve
for Precedents. And feeing by Oi-der from the Board, there was an
allowance of one penny in a Jbdling to be paid, according to the year-
ly Rent of Houfcs in Norn-uh^ granted to the Minifters, and that wil-
lingly by the moft, very few refuting, they concluded upon fuch a
courfetobe ufedin Tw^, though not exadly reftrain'd to that pro-
portion.
Wherefore they dircdled a Letter to the Lord Arch-Bifliop of Torl{^
the Lord Prefident of the North, and the Lord Mayor of Tork^ and
fix of the ancienteft Aldermen of that City, to enter into a ferious
conlideration, how the Wants of thefe Minifters might be fupplied,
by levying an indifferent and competent Sum out of every Man's
Houfe-Rent as might not be burthenfbm ^ but Co augmenting their
allowance, as to enable and encourage them to proceed in that lauda-
ble courfe which they had bcguti.
The Lords of the Privy Council, in order to bring in more Reve-
nue to the Crown, advifed the Ring to put forth a Proclamation, de-
claring his pleafure to confirm to his Subjects their Defeftive Titles,
tftates and Poffeffions, (as well by colour of former Grants, as with-
out any Grant from the Crown) ^ to which purpofe a CommifTion
was lately renewed and granted 3 which Proclamation bore date
May 2 J, to this e&th
' TT7"Hereas the King's moft excellent Majefly, in his gracious Fa-
'- V V vour towards his Loving Sub)efts,did not only renue his Com-
' miflion of Grace, but alfb by his Proclamation given at Whitehall^
' dated the 6th day of December^ in the fourth Year of his Reign, did
'declare, That in his gracious intention towards his faid Sub jefts, he
' had authorized the Lords, and others of his Privy-Council, and
' others of his Judges, and Counfel learned, by his faid CommifTion, to
'fill, grant, and confirm to fuch of his Sub)e<!]ls, whom it might con-
' cern, their Defeifive Titles to tkeir Ejhtes and Pojjejfions^ in fuch
' Manours and Lands which they did enjoy 5 not only under colour of
' fbme Defeftive Titles, void or infufficient Grants, or by Letters Pa-
' tents of Concealments , but alfo for thofe Manours and Lands
' which they did pollefs, meerly by Intrufion and Ufurpation, with-
' out any colour of Right and Title, they neVer having had any
' Grants thereof at all, either from his Majefly, or any of his Prede-
' ceflbrs 3 and yet their faid Eftatcs and Pofleffions are not fetled by
' Aft of Parhament, made in the one and twentieth Ye.1r of the Reign
' of his Dear and Royal Father King James, of blefled Memory, late-
' ly deceafed, entituled, ^n A& for the general ^iet of the Subje&s
I ' againjl all pretences of Concealment j conceiving that the faid Subjefts
* would have bin as forward to have embraced his laid intended Grace
* towards them, for their oWn good and relief, as he was gracioufly
' pleafed to offer it vinto them. But his Majefty finding the contrary,
' and the fame wholly to be negleded, might now in Juflice and Rea-
' fon,reduce to the Crown all fuch other Manours and Lands whereto
H 'his
Defeaivfe Ti-
tles.
5^
HiBorical Collections,
At}. 1 6 TO.
Pi incc Ch.trles
born.
* W. S.mdtr-
fen. Reign of
King Charles.
pag. 147-
' his Highnefs hath Pvightand Title, and which were not fctled by the
' faid Ad: to the increafe of his Revenue. But his Majcfty not being
' willing to conftrue this in the worft (ence, and having nothing more
' in his Princely defire than the general Good of his Subjeds, prefer-
' ring their Peace and Quiet before his own Benefit, hath once more
' not only renewed, but alfo for the greater relief of his (aid Subjefts,
' enlarged his (aid Commiflion of Grace, to fundry his (aid Lords and
' others of his Privy-Council, Judges, and Counfel learned, giving
' them the like Authority to compound with fuch of his Loving Sub-
' jefts, whom it may concern, and (hall feek compo(ition at their hands
' for any of the Manours, Lands, Tenements, and other the Here-
' ditaments of the (everal Natures and Qualities contained and expref^
' fed in the Schedule, which his Majefty hath caufed hereunto to be
' annexed, whereby each one, whom it concerneth, may take know-
' ledg, for what and how he may be relieved by the (aid Commiflion,
' if in time and by a due cour(e he (hall feek the fame;
' But his Majefty doth further declare his Royal Pleafure by hi^
' publick Declaration to be. That if thofe whom it may concern,
' (hall not by or before the Feaft of All Saints next, attend his Maje-
' fties Comrai(rioners for (uch moderate and reafonable Compofitions
' as (hall be found (it and equal for them, for or concerning any of
' the (aid Premi(es (b by them intruded upon, and unjuftly detained
'from his Majel^y, that his Majefty will not in prejudice of his juft
' Title and Revenue, defer his own Benefit any longer, but either
' take a legal cour(e for the reducing of fuch Manours and Lands,
' and other the Premifes ( of fuch Perfon and Perfons as (hall any lon-
'" ger negledhis gracious Offer) to the encrea(e of his Revenue; or
' otherwife grant the(ame over unto (uch others, as (hall be Suitors to
' him for the (ame.
' And his Majefty the better to be informed who imbraceth this his
'Royal Grace, and who neglefteth the (ame, hath appointed and
' commanded T^krt Tipper of Grajis Inn his Majefties Servant, to at-
' tend his Majefties CommilSoners, as in former times he hath done,
' who is to acquaint his Majefties (aid Commiflioners with the ftate of
' the (everal Cafes of tho(e that (hall (eek a Compofition as afbre(aid,
' and who do accept this his Majefties Grace, and who not ; where-
' upon fuch further Proceeding maybe had according to their faid (e-
' veral Neglects, as his Majefty in his wi(dom (hall think fitteft.
Inftruftions were al(b given by the King to the (aid Commiflioners,
how to proceed and make Compofition with (uch Per(bns as fhould
make fuit for the (ame ; which (ee at large in the Appendix.
On the li^th of May Prince Charles was born, a little before 6ne of
the Clock in the Afternoon , and the Biftiop of London had the ho-
nour to (ee him before he was an hour old. At his Birth there ap-
peared a Star vifible that very time of the day, when the King rode to
St. Paul's Church to give thanks to God for the Queen's (afe delivery
of a Son. But this Star then appearing, *(bme (ay was the Planet Ve-
iim ; others Mercur}., the Sign of Merlin's Prophecy. The fplendor of
the Sun JIull languijl) by the palenej? of Mercury, and it fi)aU be dreadful
to the Beholders. Any Tlanet ((ays the Aftrologer) within its degrees
of the Sun is very unfortunate 3 and Mercury being the Lord of the Af-
cendent.
Hifiorical Collections.
51
ccf/dcnt and Mid-heaven, was a. chief Significat or of the Prince his Perfon^
■who being ajfi&ed hji the prefence of the Sim, yet miracubtijly God did by-hts
power make this Starfiine bright m a clear Snn-Jl]ine day, which was con-
trary to Nature. Thus much out of the Reign of King Charles, front hif
Birth to his Grave. Page 141. Befides,- the Author of this fccond Part,
was prefent at this appearance of the Star at that time, when the King
and his Nobles rid on Horfeback to St. Tauls.
The next day being the 30th oi'May, the King writ a Letter to the
Birtiop of London, under the Privy Signet, to give him publick notice
of the Prince's Birth.
Charles Rex.
Right Reverend Fatfxr in Qod, Right Tnifly and Wellbeloved Coitn-
fellor. We Greet you well. Whereas it hath pleafed God of his infi-
nite Grace and Goodnefs to vouchfafe unto us a Son born at our Manour
of St. James, the Q9th day of this prefent Month fl/May, to the great com-
fort not only of our felves in partiadar, but to the general Joy and Content-
ment of our Loving Subje&s,as being a principal means for the ejiablifimcnt
of the profperoU'S ejiate and Peace of this and other our Kingdoms, whoje
Welfare We do and will ever prefer before any otfier earthly BleJJing that
can befall us in this Life. We therefore according to the laudable CuUom of
our Royal Progenitors in like cafe heretofore nfed, have thought fit to Ttpake
known unto yon the fe glad tidings, being well ajfured that with all dutiful
and Icving Afie&ion you will imbrace whatjbever may makg for the profpe-
rous advancement ofthepublick^Good.
On the faid ■K^th of May, a great Caule was brought to hearing in
the Star-Chamber, concerning a Difcourfe, entitukd, a Propofition for
his Majesiies Service to bridle the Impertinency of'^Parliaments. Wherein
the King's Attorney General was Plantijf, the Earl of Bedford, the
Earl of Clare, the Earl of Somerfet, Sir Robert Cotton, John Selden,
Oliver St. John, and others Defendents : which Information we have
inferted at large in the Appendix to the firft part of Hijiorical ColleSi-
0Ks 5 here now followeth the Anfwers of the Defendents, and the Judg-
ment of the Court thereupon, vi%,^
After the King's Attorney General opened the aformentioned Infor-
mation: TheAnfvverof 'Z^i'/'cr/ Earl of Somerfet to the ftid Informa-
tion, was alfo opened by his Council, to this effed :
That the Difcourfe, as he believed, was either the fame that was
(hewed him in the time of his Attendance near his late Majefty King
James, or had many of the fame things in it : And finding no caufe of
concealing a Propofition made in a former Ring's time, and having no
Apprehenfion, that Scandal to his MajefVy, or the prefent Government,
might thereby happen, he cafually imparted it to the Earls of Bedford
and Clare, who after pcrufal thereof, delivered their Opinion concern-
ing it, at their next meeting f, ' That it was a phantaftick Projeft of
' fome brain-fick Travellor, who had made Colledions of fbme Princes
' in Italy, and other Foraign States, no way fuitable to the Govern-
' nient of this Kingdom. •
6 Caroli.
H 2
And
The King's
Letter to the
Billiop of Lon-
don concerning
the Binhof the
Prince.
The Earl of
Somerfet's An-
fwer.
The Caufe a-
gainft the Earl
of Somerfet,
Cc. brought to
Healing.
5^- 1
Hifiorical Collections,
,An. 1630.
The Anfwcr
of the reil of
the Dcfen-
dents.
Sir D^y'ti
foiaUi his
Examination.
The Court en-
ters upon the
Hearing of the
Caufe.
The lo-d
the King's
Pleafurc as to
this Caufe.
And further faid, that (befides that one time) there was never any
Conference, nor any paffage by Letter or otherwife, betwixt them
concerning it, or with any other Perfon, and denied thnt he either
contrived the Tropo^tion^ or knew of the contriving thereof, or ever
imagined that his Majefty would innovate the ancient Form of Govern-
ment, difpofe of the Eftates of his Subjcfts without their Contents,
make or repeal Laws by Proclamation without confent of Parliament,
plant Garrifons in his principal Cities and Towns, or put in execution
any part of the (aid Difcourfe : And the reafon why he did not prefent
the Difcourfe to his Majefty, or fome of the Lords of tlie Council, or
feme Magiftrate, was, becaufe he did not conceive the (ame did in any
fort concern the time of his Majefties Government, but was contrived
in fome former time, as appeared manifeftl}', by the particulars there-
in contained ; and that about 16, or 17 years ago. Sir David Forties
(hewed him the Projeft, to whom he replied, ' That he was fatisfied
' no uie could be made thereof, and fo he redelivered it, and conclu-
' ded that the divulging thereof, was in his opinion pardoned by the
' general Pardon granted upon his now Majefties Coronation.
The rell of the Defendents denied any their contrivance thereof^
alledging the Author (as they were informed) was living beyond Sea,
and that they ought not to be queftioned for it, being writ in the time
of King James, and not in reference to his now Majefties Government,
denying that they had the leaft thought or intention to (candalize the
Government; for that they rejedted the Difcourfe as foon as they read
it, as a foolilh 8c impertinent iffue of fome projedting Brain , and they
averred their deteftation of fuch a Projeft , and that they bore Loyal
Hearts to his Majefty, and bleffed God for the happy and peaceable
Government under him.
After the Pubhcation of the Caufe in order to a Hearing, it appea-
red by the Depofitions of Sir David Forvlis, that he received the faid
Writing from one Mr. Tates, in the time of Ring James, who brought
it from Sir Rokrt Diidly at Florence, together with a Letter, defiring
him to deliver it to the Earl oiSomerjet, that he might communicate it
to King James, which was done accordingly, and that in his hearing
the Earl fignificd a diflike thereof And that he received it back from
the Earl (being the Original) and kept it by him till the Lords of the
CouMa/Cent for it, and that he made no Copy thereof
It appeared alfb by the Depofitions of other WitnefTes, that this DiC-
comCe fiiffe jears ago, was bought by them in Link Britain amongOi
other Manufcripts.
So this Caufe coming to Hearing, a great prefcnce of Nobility be-
ing in Court, the Attorney General opened the Charge. But before
much proceed ing,his Majefty fent word unto the Lord Keeper Covetitry,
then in Court, that the ^een was brought to Bed of a ^on, and a pri-
vate Meftage alfo was delivered to him from the King ; whereupon the
L. Keeper declared in Court, that His moft Sacred Majefty had taken
this matter into his moft ferious Confideration, and although the fame
was of fo High a Nature, as it was neceflary to be brought in queftion,
(being contrary to many Laws and Statutes, and the common Law it
fclf,) yet his Majefty ballancing the fame in the Scales of juftice and
Mercy (the Author of the Difcourfe being difcovered to live bevond
the Seas) found thefe Defendents rather fitting to be Objeds of his
Mercy, than Juftice, they being fome of them j^hkmen, and fuch as
Hi«
Rislotical Collections.
53
hisMajefty did and doth well efteem and like of,in his Royal Opinion.
And that his Majefty was the rather inclined to extend hisgood-
nelsjin regard of the time ^ It having now pleafed the great Juftice of
Heaven to bkfs his Majefty and his Kingdom with a Royal Ijfnc of his
Bod}', a hopeful Prince^ the great joy and long expedation both of
King and Kingdom.
UfX)n this Declaration of the King's pleafure, the l-ord Keeper made
known, that the Court by his Majefties fpecial Command was to pro-
ceed no further in the hearing of this Caufc ; But ordered the 7^roJe&,
or Book-, to be burnt, as (editions and Icandalous both to his Majefty,
the State and Government of this Kingdom. And ordered the Procee-
dings to be taken off the File.
Two days after the birth of the T^rince, Giiflavm Adolphui King of
Sweden on the 5 1 of Mij, figned the Articles agreed unto between
that Kif!g and the Marquefs o\ Hamilton ^zho\xt the bringing of an Ar-
my of 6000 Men into Germany., for the Affiftance of the King of
Sweden , and in order to the relief of the Palatinate.
'T r T TEE Gufiavus Jdolplm by the Grace of God King of the
' \ V Swedes, Goths, and Vandals , Great Prince of Finland,
' T>nVco^Efthone andC<2re/, and Lord oflngria. Sec. To all andfundry
' whom it concerns, make it known and certain, That whereas the II-
'luftrious and our fincerely beloved Lord James Marquefs of Hamilton,
'Mafter of the Horfe to the moft Serene King of Gr^^^ Britain, out of
'his Zeal for the publickGood, and for acquiring eternal Fame,hath re-
' folved, to dedicate kimfelfand the Fortunes and Forces of all he iscon-
' cerned in for rejiorif/g cur oppreffed Friends in Germany , and for that
' end hath offered to us by the Illuftrious and our fincerely faithful Co-
' lonel Alexander Hamilton, his Fidehty and Ser\ace •■, and that he will
' on his own expence gather a ftrength of //jc thotifand Men, and bring
' them over as (bon as may be, to any place we (hall appoint, either
' againji the Imperialijh,ox any other of our Enemies, and maintain them
' on his own Charge, and do us all faithful and vigorous Service with
' them, till thk great Affair be brought to a good ifftie ; Provided we fhall
'authorize this his Defign with our Proteftion, and give him the
' under written Ajjijiance : Therefore there being nothing dearer to
' Us than to make all vigorous refiftance to the common Enemies of
* Liberty, and having in high eftimation the brave Undertakings of
' Generous Men, we not only would not rejed, but have heartily em-
' braced the noblenefs of fo good Refolutions : We have therefore ad-
' mitted, like as by the vigour of thefe Prefents, We admit the faid Lord
* Marquefs in our Service, Armies, and Military Councils, on the following
' Conditions.
T. ' Whenever he (hall fignifie to Us that he is ready to bring over
' his Forces, We pall ajjign him a place for his Landing, either to come
' andyVjw -with our Armies, or to make an Impreffion elfewhere, as we
' (hall think fit.
2. ' If v.'e appoint him to Land in any place, from whence he (hall
' not come ftraight to us. We f jail for ^rengthening his Forces fend, to
' the place we (liall aflign for his Landing, four thoufand Foot out of
'our Armies, Kvhoni wefiatl f&nifl) with all Neceffarics, and maintain
' on our Charges a whole year.
3. Be-
6 Carol/.
No further
Proceedings
to be a^ainll
the Defen-
dents.
Articles a-
gi ced unto by
tlie King of
S n/iden.
The Conditi-
on ot Agree-
ment between
the King of
Sweden and
Marquefs
Htimiltea.
54
Hisiorical Collections.
^A-i. 167,0.
3. ' Becaufe the faid l^larqitefs thinks txvo thoufand Horfi are necefla-
' ry for hts Foot,for mhofe Levy and Paj hepromijes all ^jfiHancet, We
' {hall therefore think of all ways atid means for raifing and niaintainitig
' thefc.
4. ' J'Fe not only ^ive the faid Illujirions Marqiiefs the ^hfohiteCom-
' KtAnd of this Army in our Ablence, but {hall alio Join to him a Comi-
' cdlor^ with whom he may coh{ult in all things, that fo his Delibera-
' tions be more expedite and clear.
5. ' Whatever the Illuftrious Lord Marqnefs fhall take from theE-
' nemy, the Lands andTerritorks {hall belong to ZJ/, but the Re^•cnttes
' and all the Emoluments {hall go to him,and to the Relief of his Army 5
' yet Co as thefe Revenues ihall be gathered decently and in order,
' without Depredations or Plunderings : Since Our De{ign is not to
' opprefs thofe who have been already enough pre{red, but rather to
' deliver them from the Oppreffions of others, as much as by the Di-
' vine A{Ii{tance wc can.
6. ' That the Mar fiefs may more effeftually perform what he hath
' bravely relblved, and may fooner make thofe Warlike Inflruments of
' his own Invention^ on which he relies much in his Expedition, We
' {hall not only (with the firft occa{ion) furnilh him with a hundred
' Ship-pounds of crude Iron, but (hall al(b affign Haminers for work-
' ing it according to his De{ign , of which Inflruments he hath promi-
' (ed to leave a Model with Us, and We fliall be careful that none of
' our Servants {hall make u{e of them, before he hath firfl made trial
' of them him{elf.
7. ' We {hall alfo furni{h him with three hundred and feventy Ship-
' Pounds of Iron Ball for his Guns, and two thouland live hundred
' Pikis, and as many Mufquets. • <
8. 'VVhenever the Marque(s {hall advertife usof his needing G««-
* TWer, we {hall a{Sgn him Bills of Exchange in Holland for buying
' feventy two Ship-pounds of Gun-pouder.
9. ' If any other Kings or States {hall concur with us, all they con- '
' tribute {hall be at ottr Defpofal : but if theMarqueJs' his neceflSties re-
' quire further affi{lance. We {hall not abandon him, but faithfully afiift
' him as much as our Affairs fhall permit.
10. ' For all which the faid lUufHrous horAMarquefWxxh all hisFor-
' ces hath promifed FidelHy to us, and fhall be bound to it as well
' as our Men, and thofe who receive our Pay are j for which both he,
' and all his Captains {hall be particularly engaged.
' But becaufe there is to be a Treaty betwixt our Commi{Iioners
'and the Imperiali{ls at Dantzickh therefore if a Peace fhall be there
' concluded, fo that We {hall not need the fervice of the Marqucfs
' and his Army, he hath obliged hi mfelf to pay for theforefaid Mate-
' rials at their entire Value. ... /
' All which things being thus concluded, and to be firmly obferved
' by Us, We have jubfmbed thefe Articles with our Hand, and command-
' ed our Royal Seal to be put to them, at our Caffle in Stockholm the
' lafl oCMay, Anno Dom. 1630.
Signed,
Locus
Sigilli.
<5\xMU\s zmpi)ns.
The
Hijlorical Collections.
55
The Murquefs afterwards fign'd the Counterpart of thele Articles,
differing only in (bme words of explanation^
Another remarkable Caufe (liortly after was heard in the Court of
Star-chamber againft Alexander Leighton^ DoUor of Divinity. The Cafe
was thus.
An Information was formerly exhibited in the Star-chamber againft
Alexander height on a Scotfn/.tn born, and a Doftor of D/wwYj, came
to be heard the 4th of June in the Court of Star-chamber, for framing
a Book, entitulcd, An Appeal to the '^Parliament., or a Plea againji Prela-
cy. Which he printed and publifhed, during the fitting of the laft
Parliament : and delivered it to diverfe Perfons in a way of prefenting
jufi: Complaints (as he gave out) to the then Commons Houfe of Parli-
' ament, 4 Carol, i.
The Defendent was charged by the (aid Information with framing,
publiihing, and difperfing a Scandalous Book againft King, Peers, and
Prelates, wherein amonglt other things he (ets forth thefe fil(c and fe-
ditious Aflertionsand Pofitions following.
1. 'That we do not read of greater Perfecution and higher Iqdig-
' nity done upon God's People in any Nation profeffing the Gofpel,
' than in this our Jjland, efpecially fince the death of ^een Elizabeth.
2. ' He terms xhcPreLtts of this Realm Mew of Blood-) and Enemies
' to God and the State, and faith,That the maintaining and eftabliftiing
' of Biftiops within this Realm is a main and mafter-Sin eftabliflied by
' Law, and that Minifters ftiould have no Voices inCouncil Deliberative
' and Decifive.
3. 'He' avowed the Prelacy of our Church to be Antichrijlian and
' Scitanical, and terms the Biftiops, Ravens and Magpies, that prey upon
'the State.
4. 'He terms the Canons o( our Church, made Anno 1603, Non-
''fenfe Cations.
5. ' He difiUowed and contemned the Qexemonj o£ Kneeling in the
' receiving of the Sacrament, alledging that the (uggeftian of filfe
' fears to the King by the Prelacy, and the feeking of their own un-
' lawful ftanding, brought forth that received Spawn of the Beaji, kpeel-
' ing at the receiving of the Sacrament.
6. ' He affirms that the Prelats did corrupt the King, foreftalling his
' Judgment againft God and Goodnefs, and moft audacioufly and
' wickedly calleth his Majefty's Royal Confort,our gracious ^een, the
' Daughter of Heth.
7. ' He moft impioufly feems to commend him that committed the
' barbarous and bloody Aft of Murdering the late Duke oiBuckjngham,
' and to encourage others to fecond him in the like wicked and defpe-
' rate Attempt, to the deftrudtion of others.
8. ' He layeth a moft (editions Scandal upon the King, State, and
' Kingdom, wickedly affirming, that all that pajs by us fpoil us, and rve
'■Jpoil all that rely vpon us. And amongft other particulars, inftanceth
' the black pining death of the famiftied T^chekrs, to the number of
' 15000 in {bur months: by which Paffages and wicked Pofitions and
' A(fertions, he did as much as in him lay, (candalize his Majefties 6"./-
' cred T^erfon, his Religious,Wi(e, and Juft Government, the perfbji of
' his Royal Confortthe ^een, the Perfons oi tht Lords zwd Peers oi
' this T{ealm, efpecially the Reverend Bijfjops.
p. That
6 Laroli.
Dr. Le'i^hun
his C.iufe
heard Jun t^th
Information
in the Star-
ChumUr a-
5ainlt Dr.
Leighton.
55
HiUoYtcal Co/lections,
T>^. Lighten:
Anfwer.
J^ne 4.
9. ' That in another place of the faid T^ooJ^^ endeavouring to flan-
' der not only his Majcfty's Sacred Perfon and Governnient,but alfo to
' detradt from his Royal Power, in making Laws and Canons for
' Government Ecclefiaftical f, and in matters concerning the Church,
' he iaith. That the Church hath her Laws from the Scripture, and
'that no King may make Laws in the Houfe of God : for if they mighty
' tiien the Scripture might be imperfeft.
10. 'And further charged, that in another place of the fliid Book,
' thinking to (alve all with an expreliion of his Sacred Ma jefty, he hath
' thefe words following ^ JVhat pity it ff., and i^ddihk djjhotionr it will
' be tojOH tie States 'I^prcfcf7tati7!L\ that fuingefmous atid tra[}ablca }Cir7g
'■Jboidd he Jo //iOKjiroi/jiji abi/s'd, to the mjdoing of himfelf avdhk Sub-
jects i? ■
The Dcfendent in his Anfwer cdnfelled the writing of the Book,
but with no fuch ill intention, as by the faid Information is fuggcft-
ed^ his end therein being only to Remonftrate certain Gr;m?»rfi in
Church and State, under which the People fufFcred, to the end the
Parliament rtiight take thcin into confideration, and fo give fuch Re-
drefi, as might be for the Honour of the King, the Quiet of the Peo*
pie, and the Peace of the Church.
At the hearing of the Caufe, the Defendent's Anfvver was read at
large, and thcaforelaid Particulars, charged in the Information as Sedi-
tious and Scandalous, were alio read out of the Book. After which
the Court proceeded to give Sentence, and did there declare. That
it evidently appeared upon Proof, that the Defendent had printed
five or fix hundred of the faid Books^-asxA that in their opinions he had
committed a moft odious and heinous Offence, deferving the levereft
punifhraent the Court could intlift, for framing and publifhing a Book
\o full of moft peftilent, devililh and dangerous Aflertions, to the
Icandal of the Ki)7g^ ^een and l^eers^ efpecially the T^iJIjops.
The two Lord Chief Jujtices being prelent, delivered their opinions,
that they would without any fcruple have proceeded againft the De-
fendcnt as for Treaibn committed by him, if it had come before
them j and other Lords, exprefsly affirmed, that it was his Majefties ex-
ceeding great Mercy and Goodnels, that he was brought to receive
the Cimfure of this Court, and not queftioned at another TriktKal as
a Traitor.
And their Lorddiips by an Unanimous Confcnt adjudged and de-
creed, that Dr. Lcightof7 fhould be committed to the Pnfbn of the
f/cT/^ there to remain during Life,unle(s his Majefty fhall be gracioufly
plealcd to enlarge him, and he fliall pay z JPine of 1 0000/. to his
Majcfty's u(c.
And in refpeft the Defendent hath heretofore entred into the Mini^
ftry, and this Court for the Reverence of that Calling , doth not ule
to inflift any Corporal or Ignominious Puniftiment upon any perlbn,
fo long as they continue in Orders, The Court doth refer him to the
High Commiflion, there to be degraded of his Miniftry 5 And that be-
ing done he ftaall then alfo for further puniftiment and example to
others, be brought into the Fillory at Weftmitrjier, ( the Court fitting)'
and there Whipped, and after his Whipping be (et upon the Pillory for
fome convenient fpace^ and have one of his Ears cut off, and his Nole
flit, and he branded in the Face with a double S S* for a Sower of Se.
diiiotj
■A
Hijlorical (Collections.
57
drtwf; •-, and fliall then be carried to the Prifon of the Fleet ^ and at
fomc other convenient tin?e afterwards fliall be carried into the Til-
lorj at Cheap fidc^ upon a Market-day and be there likewife Whipt,
and then be (et Upon the Pillory^ and have his other Ear cut off, and
from thence be carried back to the Prifbn of the Fleets there to re-
main during Life, unlefi hisMajefty fliall be gracioufly pleafed to in-
large him.
This Sentence being given toward the end of Irimty Term^ and
the Court not ufually fitting after the Term, unlefs upon emergent
occafions, and it requiring fbme time in the Ecclefiajikal Court, in or-
der to the Degradation of the Defendent, it was 'Michaelmas Term fol-
lowing before any part of the Sentence could be put in Execution 5
but November the 4/A he was accordingly degraded, and on Wednefday
November the loth (Tjeing a Star-Chamber day') he Was to have un-
dergon the Execution of this Sentence j but the evening before he
efcapcdoutof the Fleet, where he had been kept a clofe Prifoner,
and Information hereof being given to the Lords of the Privy Coun-
cil, they ordered this Hue and Cry to be Printed to retake him.
A Hue and Cry againft Dr. Lei^hton , by Order of
the Privy-Council.
X 7" V THercas Alexander Leighton, a Scottilh Man bortt, tvho was
V V I'itely fenteticed by the Honourable Court ^/Star-Chamber, to
pay a great Fine to his Majejiy, and to undergo Corporal Punifiment, for
writ if ;g^ printings and publijijing a very Libellous and Scandalous Book,
againji the KING, and his Government , hath this eleventh day of
November efcaped otrt of the T^rifon of the Fleet, where he was a Pri-
foner : Thefe are in his Majejiies Name to Require and Command all
Jtijiices of Peace, May or s, Sheriffs ^uyHffs,Cjtjl omers, Searcher i and Officers
of the Parts, and all others his Majesties loving Subje&s, to ufe all diligence
\ for the Apprehending oj the faid Alexander Leighton 5 and being ^ppre-
hei^ded, Jafely to keep him in Custody, until hjs Majeifyjljall receive Notice
thereof, andffall giveptrther dire&ion concerning tnm. Fie is a Man of
low Stature, fair Complexion ^ he hath a yellowijl) Beard, a high Forehead,
between forty and fifty years of Age.
This Ffue and Cry followed him into Bedfordffire, where he was
Apprehended, and brought again a Prifoner to the Fleet. Concern-
ing whofe Efcape, and executing of the Sentence upon him after-
wards, the Bifliop of London in his Diary on the Fourth of Novemb.
makes this Memorial, Viz..
' Leighton was degraded at the High-CommiJJion, Tuefday the ^th of
' November i, that night Leighton broke out of the Fltet, the Warden
' (ays he got or was helped over the Wall, and moreover prof fled he
' knew not this till Wednefday noon, he told it not me till Thurjday
* night. He was taken again in "^edfordjlnre, and brought back to the
' Fleet, within a Fortnight. Friday, November the i6th, part of his
' Sentence was executed upcMi him in this manner, in the New Palace
' at Well mincer, in Term time :
1. ' He was feverely whipt before he was put in the Pillory.
2. ' Being (et in the Pillory, he had one of his Ears cut off
I 3. 'One
6 Caroli.
58
HiHoYical Collections,
^/7. 1630.
Atlor. Rfgif
Ore tenui
Lcvingtlon C?
Star- Chamber
A new Office
of Receiver.
The Judges
Opinions con-
cerning that
Office.
3. ' One Side of hisNoie flit.
4. * Branded on one Cheek with a red hot Iron, with the Letters
' 5. S. fignifying a Stirrer up of Seditiott^ and afterwards carried back
* again Prifbner to the Ftcet^ to be kept in clofe Cuftody.
' And on that dayfeven night, his Sores upon his Back, Ear, Note,
' and Face being not cured, he was whipt again at the Pillory in
^Cheap-fde, and there had the Remainder of his Sentence executed
' upon him, by cutting off the other Ear^ flitting the other Side of the
' Nofe, and branding the other Cheek.
The feverePunifhmentofthis unfortunate Gentleman many people
pitied, he being a Perfon well known both for Learning , and other
Abilities-, only his untempered Zeal ( as his Country-men then gave
out) prompted him to that Miftake, for which the Neceflity of Affairs
at that time required this Severity from the hand of the Magiftrate,
more than perhaps the Crime would do in a following Junfture.
Afterwards thofe who procured his Efcape were taken and brought
into the Star-Chamber, and proceeded againfl:. Viz.
The Defendents praftifing with one Lcightot?, a notable Offender,
to procure his Efcape out of the Fleet ; LevJKglicn put off his Cloak,
Hat and Breeches, being all of a Grey colour, and Anderfou his Dou-
blet, and Leighton put theirs on, and in that difguife they all went out
of the Fleet unfufpedled ^ but was afterwards taken again, and for
thefe Offences,and refpeft had of their Penitency,they were only fved
500/. apiece, and committed to the Fleet during the Kings pleafure.
In Trinity Term this Tear the King wrote Letters to all the Juftices
and Barons of the Exchequer, to confider of Orders for the better
execution of the new Office of Receiver and Collector of Fines and
Forfeitures, granted to John Chamberlain his Majefty's Phyfician, and
to Edward Brown Efquire, by King James, and confirmed by his Ma-
jefty ^ and after hearing the Patent read before the Judges, and confi-
deration had thereof, they writ to the Lord' Keeper and Lord Trea-
furer as foUoweth.
Right Honourable,
YOur Lordihips may be plea(ed fo be informed, that we lately
received his Majeifky's Gracious Letters of 19 My/ lali, direded
to us his Juftices of either Bench, and Barons of the Exchequer, and to
' his Attorney-General, thereby requiring that whereas He had lately
' confirmed to John Chamberlain his Majefty's Phyfician, and to Ed^,
'■ veard Brorcn E(q. the Office of Receiver and Colleftor of Fines and
' Forfeitures, lately eredted by his late Father of blefled memory, that
' we ftiould aflemble our felves, and fit down and publifti fuch and fo
' many Orders for the execution of the faid Office, as to Law and Ju-
' ftice ftiould appertain, and ftiould be thought requifit a^id neceflary :
' according to which his Majefties Command, We did affemble toge-
' ther, and upon hearing his Majefty's Gracious Dircdions rcad,did ap-
*plyour (elves to the due performance of them. Butfoit is (may it
* pleafe your Lordftiips) that upon confideration taken by us of the
' laid Letters Patents to the end aforefaid, we found it would prove
HiUoiical Collections,
59
a gre;it difficulty for us to frame or devi(e Orders for the Executi-
on of them, for that it doth appear to us that they are both againft
Law and his Majefty's Profit : We therefore thought it our Duties
according to our Oaths, to proceed no further in this bulinels un-
till we had made his (acred Majefty acquainted herewith, and for
that purpofc we addreffcd our felvesunto your Lordfhips, as unto
Counfellors of great Truft about his Majefty, to prefent this our
Intimation unto him, that by your Honours means we may know
his Majefty's further pleafure herein 5 and for your Lord(hips bet-
ter Information herein, we do hereby prefent unto your Lordftiips
a ftiort and brief Note of the Exceffesand Irregularities of the (aid
Letters Patents. The Exceptions were fct down by way of Arti-
cles,, and after all the names of the Juftices and Barons lubfcribed,
there were two of them, one for either Lord, and direded to them
on the outfide as Letters.
Shortly after the King of Sxceden figned the AgreejTient with the
Marquefs of Hamiltof?. He thought fit before he crolled the Baltic^:
Sea with a Fleet, to come in perfon with an Army into the Bounds
of the Empire to declare himfelf under publick proteftation. That he
'meant no Hoftility unto the Empire, or Perfon of the Emperor:
' Declaring further that his coming was principally to Releive that
' Diftrefled Pjvwe, his Confin and Confederate the Duke of Stetw
' & P#^ere;/,who at that time,and for three years before, had bin inju-
' rioufly opprefled by the Emperor 5 That he was not only engaged
' by ancient Alliances and Confederacies to aid the State of tomcr-
' land (thus diftreffed, fpoiled, taken and difarmed ,) but it concern-
' ed him alfo in point of State and good Policy, not to fuffer the
' the Duke's Enemy to be Mafter of thofe Coafts of the Baltick^Sea^
* whence he might at pleafure infeft Sweden,, and at his leafure and
' opportunity invade it. That his League with the faid Duke was
* Defen five only, and not for any Offenfive War againft the Em}c-
^ ror.
Thefe Complaints, Aggrievances and Provocations of the King
of Sweden were in fair and refpedful manner, by Letters firft prc-
fented to the Emperor,, and when that courfe brought no Redrefi,
then for juftification of his Proceedings, and by way of Apology,
were the Circumftances enlarged ; and the whole printed for the
World to judge. In which his Majefty of Sweden farther Declared ^
' That having been by his opprefled Neighbours and Confederates
' invited to their releif 5 He for a long time rather expefted the £///-
' peror's goodneCs towards the Subjcfts oi^ Germany, than defired to
' intereft himfelf againft him, with whom he fo much wiftied the
' continuation of Amity. That the Quarrel was firft begun by the
' Emperor,, who in the late Wars of l-'rtfjjia,, between Sweden and Po-
' land, had prohibited the Ring of Sweden to make any Levies of
'Men, or provifion of Viftuals, or Ammunition in Germany^ ap-
' parently granting the fame liberty unto his enemy, the King of T^-
' land. That the Emperor himlelf had heretofore fent two feveral Ar-
' mies under his own Enfigns moPruJpa, in the aid of the Pole, his
' Enemy. The firft in the year 1627, under the Command of the
'Duke ofHolJieJn,, and the fecond 1630, conduced by Amheim.
' Marftial of the Field unto Walkftein. That his Courier riding Poft with
I 2 ' his
6 Carol?.
Tke King of
Swedlats^de-
clai-es the
Caufes of his
expedition iiv-
to Germn-'ij,
6o
Hislorkal Collections.
.///7. 1630.
The King of
Sweden lands
his Army up-
on the Coa(t
of Fomere»,
J use 1630.
Stetin funen-
Tfie'King'wri-
teth to tie Q^
of Sohtmia.
' his Packets, hath been ftayed j His Letters unto Bethlem Gabor open-
' ed, and fal(e Copies publiflied of them 5 That his E-w/'^^^r'rj had
' been (lighted , not admitted to Audience, nor vouchfafed an an-
' fwer •■, forbidden to ftay in Germany. That upon the fecking of Peace
' by mediation of the King o? Denmark^^ he obtaihied nothing but
* affronts and delays : and that -writing to tlie College of Ele&ors^
' then affcmbled at Lnkck 1629 5 he found in their Aniwers by their
' Letters the main point of the buiinels not once toucht upon ; and
' fo no remedy that way neither.
' That the poor Town oiStralfotid ^ notwithftahding it had no way
' wronged the Emfcror^Tin^ had received Afleverations and Promifcs
' of protedion from the Emperor^ yet had it been block'd up by Wal'
' Icjitm, Duke ofFreid/and -, and the Ifland of 7|^//gc;;,lying in the Sea,
' right againft it, taken by the (aid FrddLwd. That the Town and
' Ifland aforefaid (his Confederates) had often complained unto him
' of this fnjuftice, and defir'd his peaceful Mediation lirft, and his
' armed Afliftance afterwards. That confidering how things flood
' betwixt the Emperor and Hmfclf--, it much concern'd him not to
' fuffcr that JfUnd and Torvn to be poflcffed by his Enemies, feeing
'they lie lb commodioully for the Command of the 5»////<:4-'^<-'<7, and
' fo dangeroufly for infcliing the Coafts of Srvcdcn, which lie right
' againft it : that the Emperor had adually molefted thole Coafts
'with Shipping, which he had newly gotten form Duf/tzkkj and
' other Hans Toxtns thereabout had hindred the SwediJI) Trade and
' Merchandizing upon the Coafts of Germany.
After the King had been feveral weeks with his Army at Sea, he
landed about the midft of the Month of June this year at a Dorp
or Village in the Ijle of ZJfedom, not far diftant from Stralfond 5 ^nd
prefently intrenched himfelf After him landed his Colonels and Com-
mjjjioners with their relpeftive Regiments. And upon the (econd of
Jfi/y the Cannon Baggage,(^f. landed; and two days after the whole
Cavalry.
The 5th and 6th of July Embaffadors came to the King from the
Duke of Mecklenburg^ Pomeren^ and the Town ofStralfotid , and the
Imperial Force! were in a fliort time driven out of that IJland by
Colonel .^//cxdWer Lefley. It was the 26/^ of J/z/y before the King
tranfported his Army from that Jjland^ to Stetin ; being forc'd to
bring them up the River Odor^ and landed his Men within an Eng-
hfhmile of that place ; where the King drew his Forces in Battalia-^
and Grave Neeles^and the Lord Rea a Scottijlj-Mtn. Their Regiments
had the Van-Guard in their march to Stetin^ which being fummoned
to let the King of Sweden enter into the City, they then in the Ci-
ty (eemingly defir'd to ftand neutral ; but the Army drawing dole
about the Town, they yeilded 5 And the King dent Forces to befiege
Colbergen^ a ftrong Port Town upon the Baltic^Sea^ and imployed
his other Forces to take in Forts and Caftles in Pomerania and Mecklcn-
W^/', of which wefhallfpeak more particularly in the next Year 163 1,
when the Marquefs of Hamilton did land his Army \n Pomerania to affift
the King of Stteden.
The King after the Arrival of MarquelS Hamilton with the Condi-
tions aforefaid, wrote to his Sifter the Queen of Bohemia, to give her
Affurance that he would haften the Marquels of Hamilton with an
I Army of 6000 Men to affift the Swede in order to her Service ; and
1 alfo
Hijkrkal Collections,
6i
alfo acquainted her. That he had good hopes lo prevail with the Spa-
niard by a Treaty (then in hand j to get the Talatinate reftored ; at
which the Queen was highly diffatisfied, knowing by (ad Experience,
how the Spaniard had abufed and delayed her Father King Jama in
former Treaties. Whereupon the King to pacify her Paflion againft-
the Spaniard^ wrote her this enfuing Letter.
My only dear Sifter,
HAving fmtfd that my laji hath trouhled you More than I could ha-ve
intagimd^ (for I did fiijpeS that at the firjl it would a little Jiartle
you^ before you had rvell conjidered of it j but upon debate^ I thought you
would not have Jiill remained unfatisfied^ as I fee you are) I would flay
no longer from giving you fatisfa&ion (as I hope) in fome things which
without doubt you mifiake. But fiirfi give me leave to tell you^ that it is
impojfible in this U77 fortunate Bnfinefs of yours ^ either to give or tak^ a
Counfel abfolutely good ; but whofoever mak^s you believe other-wife^ de-
ceives you I, fo that the befi counfel in thfs,heing but the beji 7/7, mujl have
many ObjeQiens againft it •-, therefore I will not undertake a Difputation^
but clear thofe things (if I fpoil not a good Cauje in the telling) which you
apprehend to be mojl prejudicial unto you, which (as I take it) is. That if
I make a Peace with Spain,/? will both hinder the Ajfftance of our Friends,
and lay my ^rms afleep for doing you Service. As for our Friends that
can do us moji good, (1 mean France and the United Provinces) they
cannot be further from doing you good than now they are : What the caufe
is I cannot fay, but what it is not I can : for notwithjianding my Treaty
Jw/A Spain, I have preffed them both, the one for making a League for the
Palatinate,<w<i Liberty of Germany : that that is made to thatjame purpofe
(which indeed was the true intent of it) they both deny, though in a
diverfe fajlrion ; fo that the Treaty cf Spain it not the caufe. As for
Sweden, Iconfefs he is to be heartnea and ujed as much as may be 3 but
I will affure you, I Jliall be the better able by a Peace with Spain, to help
and hearten him. Now for me, I am Jo far from forgetting or leaving
your Interejis in my peaceable dijpofition 3 That Spain not only promifeth
as much as I can ask^ for his Part for your entire Rcjiitution, but con-
fejfeth. That if his Terformance anjwereth not his Words, I have a jufl
Caufe to renew the War upon him 5 Jo that when I have opportunity, Ifjall
not want ajuji parrel even with Spain by his own Confcjfton 3 and in the
mean time, though the T^eace be made, I Jljall not reji, but do what lies in
me to engage my Friends in an OjfenJive and Definfive League for the
Palatinate and Liberty of Germany. Lajily, Whatfoever may be in-
formed you, or your Husband, the 'Peace of Spain is fo far from being
concluded, that as yet I have not feen a Draught of the Articles j and I
eamejily intreat you to believe, that what I fjall do in this, JJjall be chiefly
to do you the beJi fervice that may be 3 and as I fl)all proceed in this, you
fl}all have a true account, as on my Credit you have had hitherto ; affuring
you that howfoever change of Affairs may alter Councils, my ^3ions Jhdl
ever prove me to be
Tour Loving Brother to Jerve you,
Charles %
And
6 Caroli.
The King's
Letter to the
Queen of Bo-
hemta.
62
Hijlorkal Collections,
Afj. 16^0. I
I he Kill
grants the
Marc|uefs th e
Cultom of the
Wines in Scot-
Ittnd.
The Maiqucfs
haftens ioScot-
land to raile
his Men.
The Marqiiefs
^intends to re>
turnt»Courr.
The Lord 0-
chiltrj at
Court when
the Alarque's
of Haifiiltin
arrived there.
) Th« Mirquefs
of Hamilton
accufed ot high
Treafon.
And to enable the Marquels to raife his Men, and tranfport them
with all Military Provifions and things necellary, the King granted
unto him a Leafe of the Cuftoms of Wines in Scotland for fixteen
Years ; upon which Security the Marquefs and his Friends railed as
much Mony as carried on the Defign.
Hereupon the Marquefi haftens into Scotlwcl, in order to the
chuUng of his Officers, and railing of his Men ^ and in the firft place,
fixed on the Lord JRe<z a Scotilli Lord, a Perlbn of great reputation
for a good Souldier, who chearfully accepted of that Emploj'ment
under the Marquefs for that Expedition, notwithftanding that he had
then confidcrable Commands in the Sweed's Army. The Marquels
employed the faid Lord 'Z^tw, together with David Ra»/fey, into Hol-
land to endeavour to get Ibrae good Officers there, and to difpole
the States of the ZJritcdTrovwces for the King oi Sireedens Service.
But that State perceiving that the King of Great Britain did not pub-
lickly raile thole Men that were to go under the Marquels, but in a
private manner, refufed to give any Affiftancc, till his Majefty o^ Eng-
land did more formally andpublickly declare himfelf
After the Marquels had levied his Men in Scotland^ his Officers were
employed to train the Souldiers that were levied, and he prepared him-
lelf againft the Spring in the next Year, to return to the Court in
England to receive the King's Order for the Imbarquing of his Men,
and to underftand what Levies were made in England whilft he was
in Scotland ; that the Souldiers levied in both Kingdoms, might meet
at a certain Rendezvous, which was deligned to be at Tarmoutk^ in
order to their Tranfportation.
Towards the end of this Year, the Marquefi; o^ Hamilton arrived
at the Court of England^ where was at that time Mackaji Lord Ochil-
try^ a Lord in Scotland^ by name Stuart, and who once bore the
Name of the Earl of Arran, when by a Parliament which contrafted
a bji-Name in that Kingdom, the Hamiltons were attainted of Trealbn,
but afterwards both Blood, Honour, and Eftate were reftored to
them. This Lord had no kindnels for the Marquels of Hamilton,
but nouriftied a Dilcourle , which Ramjej let fall to the Lord Rea
when they were beyond Seas , and prevailed Co far with the Lord
Wejion^thcn Lord High Treafurer of England, as to impart the Bu-
linels to the King, being a Trealbn of an high nature (if true) to
this cffed , Tlat he raijed this new Army, xcith defign when he was at
the head oj them, to fet himfelf tip as King of Sco^i\nd. Much credit
was given to this Defign by the Lord Wefion Lord High Treafurer,
who endeavoured to perfuade the King not to permit the Marquels
to come near his Sacred Perlbn, and in no kind to have the priviledg
to lie in his Majefties Bed-Chamber, leaft his Majeftics Life were ha-
zarded thereby.
The Lord Wcflon preffed this home unto the King, but his Majefty
kept his thoughts private to himlelf 5 and having a great Affeftion to
Hamilton, as Ibon as he came into his Prefence, imbraced him with
great kindnels, and dilcovered to him what he was acculed of, but
fiid, I do not believe it ^ and that the World may know I have a con-
fidence in" your Loyalty, youlhalllieinmy Bed-Chamber this Night.
But the Marquels befeeched his IVlajefty to excule him, till he had re^
ceived a Trial, and was cleared of the Trealbn he was accufed of ^
but
Hijlorical Collections^
65
But the King would receive no denial, yet told him he would put the
bufinefi into a way of Examination j but afterwards when the Examina-
tion was taken, it was found that the one affirmed the Acculation to
be true, and the other as pofitively denied it, and that there ap-
peared not then any concurrent proof of the fame.
A report of thefe Examinations was afterwards made to the King's
Majefty, who was gracioufly pleafed to refer the whole matter to a
Tryal before the Lord High Conftablc,and Earl Marthal, in the Court
of Honour, of which the Reader will have a full account towards
the end of the next Year in its proper time and place. In the mean
time the King cau(ed Rea and Ramfey to be fccured in order to that
Trial: fo the Marquefs proceeded in making provifions for the im-
barquing of his Array, and ordering thole Forces in Scotland to be
in readinefsto be ftiipped, to come to the place of Randezvous when
they received Orders.
At this time there were great Affairs tranfadled in the Parliament
( or Diet ) at Ratkbone in Germanj, of which take a brief Account 5
whither were fent an Ambaffador from the King of Great '^ritain^ as
alfb another from the Ek&or T^aktine^ ( accompanying the EttgliJI)
Ambaffador) The Paffages and Circumftances attending that Imperial
Diet were as followeth.
At the time of the opening of this Diet all parties were weary of
the War, and the Emperor himfelf had enough of it 5 for the War
had continued from the year 16 18 (in which year the great Blazing-
Star appeared) unto that time in a moft bloody and cruel manner,
infomuch as utter defblation was brought upon one of the moft flou-
riftiing Countries in the World, which the Emperor wifely confidered
with himfelf, that if thole heavy Impofitions Ihould be continued to
maintain a (landing Army, and thofe Violences, Injuries and Outrages
fhould be again committed by the Souldiers of the Empire under
WaUeJiein, which had fb difgufted the People againft the Emperor;
and if other Wars fhould thereupon enlue,the Chances whereof might
happen to be uncertain, and the event in the end fatal. And further,
that if at this Diet things unreafonable ffiould be propofed unto
him by the Confederate Protefcaot Princes, if he did refufe their de-
fires upon juft grounds, he ftiould thereby oblige the Confederate
Princes of the Catholick League the more firmly to aflift him, then
if he fhould refufe the calling of a Parliament (or Diet) and aft upon
his Imperial Authority.
The Princes of the Catholic League, as alfb the Catholick party,
feemed very defirous of this Diet, having, as well as the Proteftants,
fhared in the infblencies of the Imperial Souldiers under WaUeafteitt^
and of the charges of the War ; And the more moderate fort of
Catholicks were much diffatisfied at the Covetoufnefs of the Duke
of Bavaria, for his preffing the Emperor fb hard to confer the Eledor-
fhip and Patrimony of the Prince Eleftor Palatine upon him, as a
reward for his Services, they conceiving this aftion of difinheriting a
Prince of fb great Intereft and Alliance, would atone time or other,
raife up friends that might difturb the Peace of the Empire 5 where-
fore they wifhed the Emperor would rather confifeate the Eflate for
life, as a punifhment for the Father's Offence, than to difinherit the
Children, who were innocent of their Father's /onr^r^^ and rajl) under-
takings as they termed it. Thofe
6 Caroli.
Notwicnftand-
ing the King
coiiinunded
him to lie in
his Bcdcham-
bfr.
The Dyet at
Ratiiboe,
The Emperors
inclination for
a Peace.
The Princes
Catholick for
for a Diet.
And diiTatisfi-
ed with Eiscva-
riaXo Covet
the Palfgra^^et
Patrimony.
64
Hi^orical Collections.
^n. 1629.
The Princes
Proteftant
long for
a Peace.
PritKe Re-
folves of the
Emperotjfrom
I what things
not to recede.
The Empe rors
propofal at the
Diet as to the
Thofe of the Catholick League exprefled themfelves as to the faid
Diet, That though they did much defire it, yet their hopes were
that the Emperor would never conlentto let the Proteftants go away
without reftitution of the Church Lands and Goods, which they pre-
tended the Proteftants held from them*
The Princes of the Union and Proteftant Party,were no lefs thirfty
of Peace, having undergone the greateft of all hardftiips, being moft
of all overlaid with heavy Impofitions, and with the Billeting of
Souldiers of the Catholick League, and were defirous that there
might be an abfolute Oblivion of all things by- pa ft, and the Empire
fettled in a firm Peace. Great Joy therefore was throughout the
Empire, expefting that there would be an end of further War, and a
firm and fettled Peace concluded at this Diet. But there wanted not
thofe, who did infinuate unto his Imperial Majefty what was fit for
him to infift upon at the meeting of the Diet, from which it was
not fit for the Emperor to recede •> Amongft which one was,
1. That he ftiouldin no wife confent to a fetlcment until the Pro-
ftants ftiould reftore the Church-Lands and Goods unto the Catho-
lick party.
2. Not to diminifti his Army, but in a (mall proportion, that he
might keep up his Power by force, and a ftrong hand , left the
Depofed Princes, and others, ftiould upon any opportunity of ad-
vantage, revenge themfclves upon theEmperor.
3. And therefore refolved to keep up his Army, and not to
reftore the Prince Eledor Palatine to his Dignity and Patrimony.
Notwithftanding all oppofition, the Emperor met at the Diet 5 he
reprefented unto the Princes then aifembled, that he was not the
caufe of fo cruel a War as had been, nor would be a hinderer of
the Peace, imputing all the mifehief that fell out upon the War, unto
the Paljgrave, Count Mansfeldt, ^^runJvpick^^^nA the King of Denmar/{,
and that it was high time to think of a firm and fettled Peace :
\ But as to the Pal/grave, he propofed to the Diet to pa(s an Ad:, that
he ftiould continue a Banijljed Ma», without all hopes of returning 5
and that they would never voacWafeto entertain Peace or Amity with
him.
That the French were concluding a League with the King of Swe-
den j and though there were caufes of Enmity between Him, the Em-
peror, and the King of Swedeland, yet if the King of Sweden would
not condefcend unto the Imperial ^tttbaffadors and the King of Den-
w^r^'s Mediation for a Peace, he was to be threatned with the Power
of the Roman Empire, and to be chaftifed by Force of Arms.
Laftly 5 His Imperial Majejly propofed that the Princes would con-
fult to provide Money for maintaining a ftanding Army ; for refto-
ring of Martial Difcipline, and of the manner of laying and levying
Impofitions.
In Anlwertothe Propofals of the Emperor, the Princes Eledors
laid open the general Grievances and Miferies of the Empire, the
Outrages committed in the War, and exceflivenels of the Impofiti-
ons •■} And as the Emperor laid the fault upon the Paljgrave, the Ele-
&ors laid the feult of all the mifery that had happened, upon the
new Duke of Mecklenhm-gh (Wallejiein) General of the Emperors
great Army, to whom his Imperial Majefty had given fuch a large
Commiftion
rfiTifc r. rTr.aaw^^
Hiftorica! Collections.
Commiirion, without the conieiit of the Princes of the Empire fas
never before him any Man had ) That the Impofitions which by the
Laws of the Empire had wont to be affelled by the joint confent of
the Princes, had at the pleafure of the fiid Duke of MecklenbHrgh bin
impofed, and moft rigoroully cxaded j Infomuch that the Eleftor of
Brandenhurgh had in a few years bin forced to contribute about Twenty
Millions of Florins. The Duke of 'Tomerland complained, that Ten
millions was paid out of liis Principahty of Stetin^ all in one Year
65
6 Caroli.
onty 5 befides other Charges and Expences with the Rabble of the
Army.
The like complaint came from other Princes. In conclufion, the
(aid Eleftors did more particularly fall upon the (aid Duke of Mak:
lenburgh, preiTing the Emperor to ca(heir him, and to dilband his
Army, and to have Peace made with the French King, and the Princes
of Italji^ and with the King of Sveedland al(b;
The Complaints both of the Proteftant and Catholick Princes were
fo many and very great againft fVallenJiein, and the Infolencies of his
Souldiers in their Quarters, and of his Commidaries in their bold le-
vying of Mony upon the Empire, as that the Emperor had nothing
to fay tor him,but confented to their De(ires,that his Command (hould
be taken from him. And two Barons of the Empire were fent to
him, with the Propofals of the Diet prefented to the Emperor, and
the Emperor's Refolution thereupon, that he (hould deliver up his
CommitTion.
All Mens Minds were full of expedation what the event of this
Meflage to a General fo Potent,and an Army fo Rude,fhould produce :
But contrary to all imagination, Wallenjiein complied with the Em-
peror's Command, left his Army and went to tiimmegen^ where he
remained as a private Perfon.
The Eleftors having prevailed as to his Removal, propo(ed alfo
unto his Imperial Maje(i:y further to declare his purpole, that no War
(hould be made upon any without the confent of the Princes, and that
\ no Impofition (hould hereafter be levied at the pleafure of the Gene-
ral of the Army.
I The Eleftors having obtained a lafe Conduft of the Emperor for
I Rufdorfe, AmbafTador of Frederick Prince Eledor Palatine, he came
S to the Diet, in the Company of Sir T^bert Anjintiher the King of
! Grcut Britain's Ambafladour,who much prefled for Audience, about
I the time that News came how the King of Srvedland was aftivc in
i T^omcrland^ which made moft of Opinion his Landing would contri-
bute to get Keftitution of the (aid Ele&or Palatine to his Dignity and
j Patrimony. And Audience being granted to the Efiglijl) Ambaffadour,
I he thus delivered his Errand.
' That nothing could affefl: (hisMafter) the King of Great T^ri-
'■ tain movCf than the con(ideration of the daily Calamities undergone
*by his Brother-in-Law the Prince Eledor, his Wife and Children.
' That no Place was more expedient to Treat of Peace, Reconciliati-
i ' on, and Fve-eftabliQiment than in the Diet ^ therefore he made it his
}' ardent Requeft to his Imperial Majefty, That having regard to the
' many Interce(iionsof his late Father, and other Kings and Princes,
' he would remit the Difpleafure conceived againft his Brother, and
' recal the Profcription i(rued out againft him.
K ^True
The En^peror
confents.
Wallenfiein
J.iys down his
Cotnmiffion.
Sir Roiert An-
(iruthr.
The Englifti
AmbafCidor
gets Audience.
66
Historical CoJlections.
^n. 1630.
' The Emperors
Anfwer.
Treaty of
Peace broke
oft' between tlie
Emperor and
the King of
Sreediand,
' True it was, his Brother had offended, and was inexculably guil-
' ty, unlefs the raftinefs and precipitation of Youth might fomewhat I
' plead for him 5 but others had bin as culpable, whom yet his Impe-
' rial Majefty had received into Favour.
' And would he be pleafed to extend to him the (ame Clemency, it
' would oblige his Mafter to demonftrations of the greateft Gratitude,
' and raife a glorious Emulation in others, to imitate fo excellent a
' Pattern.
' That the Paljgrave would entertain this Favour, with an Heart fo
' firmly devoted to his Service, fo as all the Intentions of his Spirit
' Ihould be difpofed to Compenfation and Reparation of his former
' Mifcarriage.
*That his Majefty held nothing fo dear as the Affeftion of his Impe-
' rial Majefty, and eftabliftiment of a durable Peace between them ^
' And as upon all Occafions he hath been forward to reprefent himfelf
' folicitous for it, fo at this time he was ready to give more am-
' pie Teftimony» if his Imperial Majefty was pleaftd to incline to a
' Treaty.
All this being fair and full of refpe6t, gained Civilities to the Am-
bafladors : but it was anlwercd,
' That the prefent Affairs of Qirmatty^ which occafion'd the D/Vf,
' were fo important, as not to admit of any Forreign Debate :, and
' yet upon opportunity and kifire, the Ring of Great Britain ftiould !
' receive (uch latisfaftion as would be agreeable to their Honour, and
' Confidence his Majefty had in him.
Prclently after this Audience of the King of England's Ambaffa-
dor, more particular News v as brought. That the Imperial Ambaffa-
dour was returned from the King of Sroeden without any hopes of
Peace, and that the King oi^Swedland had in Tomerland made himfelf
Mafter of Stetin^ and put the Imperial Forces to flight.
Now the Ca-
tholic Princes
appear for
War.
A defign to
make ferdi-
»^»./a the Em-
peror's Son,
King of the
Romans.
And now the Catholick Princes, who before foemed very defirous
of Peace, (fearing fome private Conjunftion was made with the King
of Srccdland by other Princes) difpofed the Emperor to profecute the
War, and lay Impofitions proportionably upon them of the Catholic
League.
It is to be obferved, that during all the time of the Diet., C<efar
made no other Propofitions than what he did at the opening thereof ^
Yet underhand it was fuggefted by thofe near the Emperor, what
Mileries might befal the Empire in cafe of an Inter-Regnum., magni-
fying Ferdinando King of Hungaria Son of the Emperor, and how
acceptable it would be to the Empire, if at this Diet he was chofen
King of the T^tfw.iwj-, which is as much as Heir apparent to the Empire.
The Proteftant Eleftors having no inclination thereunto, in anfwer to
thofe which made this Propofal, much commended the Emperor for
his care of the Common- Wealth, but that it was contrary to the Laws
of the Empire at this time to confent thereunto.
This being not mentioned as a particular Caufe for the calling of
this Diet to create Ferdinando King of the Romans ; And alfo for that
by the Laws of the Empire, Franckfirt is the place appointed for the
Eleftion j
Hi^orkal Collections,
67
Elcftion of the King of the Romans 5 and thus they excufed the Mat-
ter,but it was relented by Cafar 5 and from that time he proceeds with
feverity as to the Church Lands, and decreed at this Diet, ' That
' thofe Gentlemen of the Vpper and Lorvcr Talatinate, Frimk^nholm,
'and other Countries, who had born Arms under Qowxxx. Matt s field,
' Duke of Bnmfioick^, and others, that their Eflates fliould be con-
' demned as confifcated. And with the Profits thereof, the Emperor
did gratify his Privy Council and others with Penfions for a reward
of their Services.
The Proteftant Eleftors, and other Princes, protefted againft thefe
Proceedings of the Emperor, claiming thole Gentlemen to be within
their Dominions, and that the Forfeitures of thole Fees and Eftates
which Cicfar had now confilcated into his own Coffers, did by the fo-
vour of former Emperors, and long continued CulVoms, belong to
the laid Princes. Urging further to the Emperor in favour of thole
Perlbns (whofe Eftates he had confilcated) the Example of other
Princes, who even upon the like occafion did pals by many Crimes, to
procure a letled Peace in their Dominions 5 and amongft others in-
ftanced in Cofino dc Mcdicis Duke of Florence, a moft wile Prince,
who in cales of Dilturbance in his Dominions, always left the Eftate
of fuch as were Attainted, unto their Children, or next Kindred, af-
ter the Death of the Offender.
Yet the Emperor hearkned not thereunto, but declar'd. That he
could not in Honour and Ju{\ice but make remarkable Examples of
thole that had born Arms againft him, that it might be a Terror to
others for the future.
And as for the Church Lands, he had already defign'd with himfelf
that they fhould be reftored to the Catholicks, and publilhed the lame
by Proclamation, and that he would not recede from what he had
done. And then proceeded to a Decree and Sentence againft the Duke
of Wortetiburgh, the Marquels of Brandenburgh, the Count of Hohet7
and other Princes, who were by the Decree commanded toquit Church
Lands and Goods, which for eighty Years they had enjoyed, by virtue
of the Agreement they made at Fajjaw, -^«w 1555.
In which Decree it was declared. That the Violaters of that Agree-
ment of T^ajjctiv, (hould be adjudged as Enemies to the Empire.
Notwithftanding this proceeding of the Emperor, the Catholick
Princes (to all outward appearance) did very earneftly defiretocom-
pole the Bufinels of the Church Lands, but were importuned by the
Jeluits againft any Compliance (by whofe means was likewife a rigid
courfe taken at this Diet) for the Reformation of Proteftant Churches
and Schools, and for the forbidding of the Augiijihie Confellion to be
exercilcd by the Lutherans.
On the third of 'J^vemher the Diet broke up, leaving Matters in a
far worle condition than it found them, for that Men now perceived
their very Hopes to be taken away, as their Liberty and Goods had
bin before.
The Catholick Princes before the Z)/e^ broke up (being ftill in-
clinable to a compofure of the Bufinels of Church-Lands) did prevail
with the Emperor, that the Diet might meet again at Frankfort upon
the Main, in Angiijl following, for ending thole Differences.
In the mean time the Proteftant Princes entered into aConfultation
for their own Safety, plainly feeing the Jeluitical Party too prevalent
K 2 with
6 Caroli.
Some of I lie
Princes Eflates
licclnred to be
Confilcated.
The Proteftant
Piinccs Piote-
liation againli
it.
The Emperor
will not hear-
ken to the Pro-
teftant Princes
Decrees that
they (hall quit
the Church-
Lands.
The Jefuitsfo-
licit againft
the Comply-
ance.
The Diet
broke up.
Nei'erthelef'!
the Ca'holick
Princes prevai-
led for a \iiet
at Frankfort.
And the Pro-
teftant Princes
for a Diet at
L'tfwick,.
^8
Hisiorical Collections^
An. 16^0.
Duke of 54*0-
nj opens the
occafion of the
Meeting.
with the Emperor •-, and they agreed upon a Letter to be written by
the Duke of Saxony to his Imperial Majefty, taking notice that there
had bin a Conference between the Proteftant and the Catholick Prin-
ces at the former Diet concerning Church-Lands, and that the further
Treaty thereupon was referred unto a Diet to be held at Frankfort in
Attgtiji following, and therefore befbught his Majcfly to give liberty
to the Proteftant Princes to hold a Diet by themfelves in fbme conve-
nient Place, that fb by their united Council, they might be provided
with an Anfwer to the Catholick Princes, at their meeting in the Diet \
at Frankfort^ concerning the (aid Church-Lands. The Addrefs to
the Emperor was recommended, with the Mediation of the Eleftor c^
Meniz, and Bavaria 5 and the Emperor agreed to what was defired,
and Lipfmcl{was the place appointed for the meeting of the Proteftant
Princes, and tlie time was Feb. 8. then next following.
At the Time and Place appointed, all the Proteftant Princes in
Germany met in Perfon, or by their Deputies, but moft in Perfbn ,
and the Duke of Saxony laid open the occafion of their meeting.
1. ' How the Church might be with a good Confcience maintained
in her ancient Liberty and happy Eftate.
2. ' How to keep their Obedience to the Emperor, and yet preferve
the ancient Conftitution and Peace of the Empire.
3. ' How to maintain corr^fpondency with the Catholick Princes in
order to the Peace of the Empire.
4. ' What to anfwer for themfelves, both in general and particular,
as well concerning the maintenance of the Reformed Religion, as to
the Emperor's Edidi concerning Church-Lands, when they ftiould
come to meet at the Diet at Frankfort.
Giiev.mces
laid open to
the Emperor.
Protefting withal. That he would be ready to adventure Life and
Goods in that Cau(e, and defiring every Man to give his counfel
freely infuch manner, as they might be able to render a fair account
of it to his Imperial Majefty. And after fbme time of Debate, with
one jo'.nt Confcnt, they did humbly complain to the Emperor what
their Grievances were, and reprcfented what would prove Pvemedies,
and fcnt m Exprefs therewith to his Majefty, and are reducible to
thefe Heads.
1 . ' That the Golden Bull, or Magna Charta, and Conftitution of
' the Empire might be firmly obfcrved, which hath been violated by
' the Emperor's late Edidt for the Reftitution of Church-Lands, and
' through his Endeavours, to root out the Proteftant Religion, which
' hath bin the main Caule of the late miferable Wars and Troubles.
2. ' They complained of particular Injuftice done to particular
' Princes and Cities, by the violent taking away of the Church-Lands,
' as the Duke of Wurtenlmrgh, the Duke of Bmnftvick.^ the Prince of
' Anhoiilt, and others.
3. ' And that fbme were hindered in the Exercife of their Religion,
' as Atigiijius and Frederick^^ Princes Palatine, and others ■-> and that
' forty eight had their Eftates confifcated, as the Lady Elel/rix Palatine,
* and her Son Lewis Trince Palatine, the one being the Mother, the
' other the Brother of the King of Bohemia, and the Duke of Meek:
* lingburghy
Hiflorkal Collections.
69
' litjgburgh^ &c. for whom the whole College of EleSors had inter-
' ceded in the laft Diet, but prevailed not.
4. ' A complaint of the violent altering of the Feods of their
' Lands and Lordlliips, into which the Imperial CommilTaries had by
* Force and Arms entered, changing the Tenure of the Tenants, and
* altering the Religion.
5. ' That their Lands have bin given to Souldiers, as if they had
' bin conquered.
6. ' That treble more Contributions have bin raifedagninft no Ene-
my, than ever were when the Turks were in Germany 5 with many
other Particulars. Concluding, That all this is contrary to tiie Oath
' of the Emperor, and unto the Laws of the Empire, the Privileges
' of the Princes, and againfl: the Honour and Safety of the Empire ;
' of which the feveral Eledors and Princes had complained, and which
' by them were protefted againft in the late Vikt at i^tisbom.
' Wherefore they now humbly Petition his Imperial Majefty to be
' relieved, j>rotcfting otherwife they are not able to endure the Bur-
' then, but Ihall be mforced to defend their Perfbns, Confcicnces,
' Eftates, and Subjefts ^ refblving notwithftanding to continue their
' due Loyalty and Obedience to his Imperial Majefty 5 yet in the mean
' time to prepare for a War, in cafe the Matters complained of by
' them Ibould not be redreffed. This bore Date at Lipfwkk, March 1 8.
165 1, and the Diet broke up upon Pulm-Siwday following.
The fubftance of what they writ to the Emperor, they fent unto
the three Catholick Ele&ors, informing them, That War would undo
all, that the Infolencies of the ComraiUaries and Souldiers were not
to be endured.
The Emperor not (atisfied with their Addrefi, and underftanding
their Refolution to levy Forces, (and hearing withal that the King of
Srvedlund had advanced already through PomerUnd in a victorious
manner ) put forth his Imperial Ban againft the Lipfixicl^ Legar, pe-
remptorily forbidding any place of the Empire to grant, either Relief,
PalTage, or Quarter unto any of their Forces 5 and commanding eve-
ry Man to deftroy, kill, and perfecute, the Upfivick^Legar as Enemies,
withal tenders Pardon to as many as ftiould come in ^ and forbidding
all the Subjefts of thofe Princes, upon pain of Death, either to con-
tribute to their Levies, or to march under their Enfigns, promifing
the freedom of Confcience and Eftates to all that fhould thus obey
him, and turn both their Mony and their Perfons towards the ad-
vancement of the Imperial Eftate.
The Proteftant League was now noi(ed abroad, and another meet-
ing at the latter end of May at Lipfivick, was appointed. Tilly ad-
vances with his Army, and fends Fapenheim to reduce Magdenburgh ;
of which more hereafter. But let us now return to England.
The Bi (hop o? London hzd the honour, as Dean of the Chappel
(my Lord's Grace of Canterbury being infirm) to Chrifteh Prince
Charles at St. James's. His Godfathers were the King of France^ and
the Prince £/i.'^c>r, rcprefented by the Duke of Lewjc, and the Mar-
qucfs of Hamilton ^ The Godmother was the Queen-Mother of
France, and her Perfon reprefented by the Dutchefs of Richmond.
The
6 Caroli.
Convnunica-
ted Co the Ca-
tholick Ele-
dors.
The Emperor
pur,, foith his
Imperial Bin.
yo
Hijlorical CoUectiom,
Jt7. 1630.1 The King ftanding in need of a further fupply, the bufinefs of
\^^/'^/'"V> 1 KvigUhood was retaken into confideration , and with care and dili-
1 gence fet on foot, being grounded upon an old Statute entituled
StaUiUwt de Militibus^ which Statute tho it had long flept, and was
very ancient, yet was now put in execution as a Prerogative Statute,
which occafioned many Pleas in the Exchequer^ but- to countenance
the fame a Proclamation was iffued forth to this efFed.
J.dj6. 1630.
Knighthood.
CotnmifTion
to compound
wivh fiich per-
fons as did not
appear to take
the Order of
tliem at the
King's Coro-
nation.
Commiffions
direfted into
the feveral
Counties.
Proportions
for Compofi-
tions.
Pleas put in
the Exchequer
againft K^tght
hood.
sheriffs neg-
left to return
the Names of
perfons .
THat whereas the King having formerly fent forth Writs to fe-
veral Sheriffs of the feveral Counties for the fummoiiing of
all that had fourty pound Land or Rent by the year, to appear at
the day of his Coronation, and prepare themfelves to receive the Or-
der of Knighthood, did now award a CommiiTion to certain Lords
and others of his Privy Council, to treat and compound with all
thofe who then made default, as well for their Fines and their Con-
tempt, as for their refpite to take that Order upon them. Where-
upon multitudes werefummoned to give attendance at the Council-
Chamber at Wkitehal.
The Names of the Commiflioners of the Privy-Council touching
the Order of Knighthood were thefe.
Lord Keeper.
Lord Treafnrer.
Lord Pre(idef!t.
Lord 'Privy-Seal.
Lord Bigh-Chamberkin.
Earl Marfid.
Lord Stervarck
Lord Chamberlain.
Earl oi Suffolk.
Earl of Dorfet.
Earl of Salisbury.
Earl of Exeter.
Earl of Northampton.
Lord Vicount Dorchejler.
Lord Vicount Wimbletos.
Lord Wentvporth.
Mr. Vice Chamberlain.
Mr. Secretary Cookf.
Mr. Chancellor of the Exchequer.
Likewife feveral Commiffions were awarded into the feveral Coun-
ties, giving power of compounding with all perfons, except the Nobi-
lity, who were ordered to compound before the Lords of the Coun-
cil. The Commiflioners had this main Inftruftion, "• To take no lefs
" than after the rate of thrice and half as much as the Perfons com-
" pounding were found rated in the Subfidy.
But there were many in all parts that negle(5led to appear, or re-
fofed to Compound. Thefe were fummoned by Meflengers to the
Council-Table^ and were there told of feverc proceedings in cafe of
obftinacy. And divers put in their Pleas into the Court of Exche-
quer to be difcharged from thefe Fines. But the Commiffioners in the
Country were to inform themfelves of the true ftate of the Livel)'-
hood of each perfon, and to admit them to Compofition in cafe they
defired it, otherwife to let them know that upon return of Certifi-
cates, they muft expeft to undergo a legal Tryal in the Exchequer.
And upon confideration of the prejudice done to this Ser-
vice, by reafbn of the partial and negligent Returns made by the
Sheriffs in mofl Counties, it was ordered. That Mr. Attorney Gene-
ral Ihould proceed by Information in the Exchequer againfl fuch of
the Sheriffs, as fhould appear to have been moft negligent.
The
Hijlorkal Qollections.
71
The Order of Summons from the Privy-Council, who were
Commiifioncrs, anddireiiled to certain Noblemen to appear in order
to a Compofition, was to this purpofe.
:VV'
Hereas his Ma jefty hath already fent divers Commifii-
ons into feveral Counties of this Realm, for compound-
' ing with fuch as had not taken Knighthood at his Coronation, there-
' upon a great part of the Gentry of this Realm, and others of ability
' have made their feveral Compofitions : but it was his Majefty's Plea-
'fure, that fuch of the Nobility as had not taken the Order of Knight-
* hood at his Coronation, (hould be treated with and compounded
'' with by us the Lords and others of his Majefty's Privy Council;
' We therefore by his Majefty's Command, do hereby fignifie and
' give notice to your Lordftiips, that we have appointed the firft day
'of the next Term at nine of the Clock in the morning, to (it upon
' the {aid Commiflion for compounding with you in the Council-
' Chamber : wherefore we require your Lordftiips, or fbme authorized
' from you to that end, to attend Us. The Summons was direfted to
Lord Marquefi o^Winton.
Earl of Arundel.
\Lzx\ of Ejjex.
Earl of Huntingdon.
Earl of Peterborough.
Earl of Kingjion.
Lord Vicount Suj and Seal.
Lord Vicount Mountague.
Lord Brooke
* XT THereas his Majefty is given to underftand, that you whole
' *V names are here underwritten, dwelling in the County of
' , have either neglected to appear, or appearing,refu(ed to
' compound with his Majefty's Commiffioners appointed to treat with
' you in that behalf, for your not attendance at his Majefty's Coro-
' nation, to receive the Order of Knighthood, according to the Law,
' you being all, as we are informed. Men of good ability 5 at which
* his Majefty doth much marvel, confidering that you cannot be igno-
' rant how legal this Demand is, and confequently how much the (aid
* CommifTion is in your favour, that neverthele(s you fhould refufe to
' accept of his Majefty's Grace therein : His Majefty notwithftanding
* out of his accuftomed Goodnefi, is rather willing that tho(e who
' peradventure more out of miftake, or ill example of others, than out
' of their own wilful oppofition to his Majefty's Service, have been
' herein mifled, fnould be reduced to conformity by fair means, and
' with Icaft charge or trouble to them, than by any compulfory cour(e
' of Law, which his Majetty in all ca(es between him and his People
' doth in their fivour defire to avoid as his laft Refbrt : We are there-
' fore in his Majefty's Name, and by his exprefs Command, hereby to
' fignifie unto you, that his Majefty expedls and requires you fhould
' (accordingly within ten days next after notice hereof) make your
' repair unto us at Whitehall to the end that in purfuance of his Ma-
' jcfty's pleafure, we may treat with you concerning your (aid Com-
' pofition, before any farther or more compulfary proceedings be had
'againft you.
James Maliverer^ECq.")
Direded unto ^ iVil/iam Ingleby, Efq. > in the County of Tork.
. . . M<y/er,E(q.&c.)
The
6 Caroli.s
Tbe Order of
Summons for
ilic Noblemen
Co compojiid.
The Names of
the Noblemen
fummoned.
A Warrant of
Summons a-
gainllRcfufers
to Compound
in theCountry
^o
HiBorkal Collections.
An. i6'3o.l The like Warrant was directed to divers Knights and Gentlemen
' "^ ' dwelling in other Counties.
At this time there happened a great Riot in Fleetjireet ; and for
the better difcovery and apprehenfion of thofc Malefiftors, who were
Adors in the late infolent Riots and Murthers committed in Fleet-
jircet, London.^ upon Friday the loth day of jfw/)', a Proclamation to
this Eifed was publifhed.
A Riot in
jFleetflreet.
' \]i^7"Hereas upon Friday, the tenth day of this inftant Month, up^
' V V on the occafion of an Arreft then made by the Sheriffs Ofli-
' cers of the City of Ltf«f/^», divers infolent Affaults and Tumults were
' made and railed upon the Conftables and Watches of the City ^
' whereupon much Blood was (hed, and barbarous Murthers of
' divers of the King's Subjefts have in(ued,and thofe Infolencies fo long
'continued, and at the laft grown to fuch height, thatthere was an
' open and violent refiftance and oppofition made againfl: the Lord
' Mayor o^Londoti, and Sheriffs of the City, affiited with fome of the
' Trained Bands, neceflarily drawn forth to fupprels thole Outrages,
' which were committed rather in a Rebellious than a Riotous man-
' ner. His Majefty having taken thole Affronts to Juftice, and to his
' publick Officers and Minifters, into his Princely confideration, and
'having already given a ftrift charge and command , for the dueEx-
' amination of thofe fo bold and audacious Attempts, and finding by
' the return of thofe, whofe pains have been imployed in that Ser-
' vice, that very few of the principal Aftors can by their induftry be
' yet taken or difcovered^ and his Majefly being in a cafe of this extra-
' ordinary Quality and Confequence,refolved to proceed according to
'• the ftrift rules of Juftice, againft all thofe who ftiall be found to
' be the Offenders, that by their examples, others may hereafter be
' warned not to dare to run into the like : Wherefore the King doth
' will and command all his Subjefts whom it may concern, efpecially
' the Chirurgions in or hear the City o^ London or Wejiv/injler, who
' have, or fince that day had, any hurt or wounded Men in their
' cure, that they and every of them upon their Allegiance to the King,
' and the duty they owe to the publick Peace of the State, and up-
' on pain of fuch Puniftiments , as by the Laws, or by his Majefty 's
' Prerogative Royal can be infiifted upon them, for their negleft here-
' in, do forthwith upon publication of this our Royal Pkafure, dif^
' cover to the Lord Prefident of the Privy Council, or to one of the
' Principal Secretaries of State, the Namfes of all fuch perfons as they
' know, or by probable conjedure do fiifped: to have bin Adors in
' any of thofe late Tumults, and caufe them to be detained or ap-
' prehended, without expecting any further or other Warrant in that
' behalf 5 and by name that they apprehend or caufe to be appre-
' hcnded wherefoever they fhall be found, Captain Vnughan, Henry
' Sta:nford, and one Ward an Enfign.
Afterwards Stamford, and others of the Rioters were Indifted and
Convifted of Murders,and Stamford tycccwt^ A accordingly: Notwith-
ftanding the Duke of 5»f)^»^ //<»/» endeavoured to fave his Life.
On the 2^th of September the King taking into Confideration, the
general fearcity and dearth of Grain and Viduals which was like to
fai lout in the Kingdom, declared his Plcjafure and Commandment
concerning
Hiftorica! Qollections.
75
concerning the fime by Proclamation, purfuant to a Book^ of Orders
for preventing and remedying thofc Evils, grounded upon (everal Sta-
tutes made in the time of Queen Elizabeth and King James, and now
ordered the reprinting of the (ame ; wherein are particular Diredions
for fuppreffing the Abu(ts and Offences of hgrojjers. Badgers^ &c.
CMichaelmafs^ 6. Car. T5. 7^.
This Term an Information was put in againft Vajfal'm the Exchequer^
for not paying the impofition of Currans, (which being 7 s. upon the
100 weight) was brought to 4 J-. 10 d. TheDeftndcnt demurred in-
the Court of Pleas to this Information ^ and the Caufe fo depending, ■,
ViiJJal denied to pay until the Court fhould ad judg it. Whacupon,
inafmuch as the (ame Matter had been adjudged for the King before in
the Cafe of '^ates, when Cook^ was Attorny, and that Judgment flood
in force, not avoided by Error ^ the Court ordered that the King's
Pofl'effion iliould be continued, and Vajpl ihould pay until other
Order. And for not obeying this Order, he Was committed to aMcf-
fenger of the Court, and for his Liberty brought a Hdeas Corpm :
On which Jlrit it appearing by the Return, that he was committed by
a Court of Juftice, upon their Ad in Court, in a Caufe properly in
their cognizance, the Court did remand him to feek there for Jufiice,^
and fo he went back to Prifbn by the Award of the Court.
MJchaelm-aj?, 6 Car. "B. T(.
John Selden was committed to the Marjfyalfey of the king's Bench,
for not putting in Sureties for his Good Behaviour. There were with
him in the fame Priibn Hol/art, 6'trond-, and Valentine. In the end of
Trinity Term, 6. Car. the Sicknefs increafing in Southvpark^, the three
laft named made fuit unto the Judges of the King's Bench, to be deli-
vered over to the Gatehouji in lVeJiminJier,to avoid the danger. The
Judges thought it Charity, and by Writ totheMarfhal of the King's
Bench, commanded him to deliver them to the Keeper of the Gate-
houje, and fcnt him a Writ to receive them. Mr. Selden never lent
unto them whilft they were in Town, but when they were all gone,
made fuit to the Lord Treafurer to move the King, that to avoid this
danger, he might be remov'd to the Gatehoufe 5 which he did, and fent
a Warrant under his Hand to the Marfial, fignifying his Majeflies
Pleafure to remove him to the Gatehoufe ^ accordingly he was remo-
ved. Thereupon when the Judges came to Town in Michaelmafs
Term, they called the Marfial to account for his Prifoner Mr. Selden -^
and he prefenting unto them the Lord Treaftrer's Warrant by the
King's direftion, the Judges told him it would not ferve, for he could
not be removed but by Writ ^ and upon his Majeflies pleafure fignifi-
ed it might fo have bin done. And although the Judges were out of
Town, yet the Clerk of the Crown would have made the Writ upon
fo good a Warrant, and it might have bin fubfcribed by the Judges at
their return. And to avoid the like Error hereafter, the Court fent
Juftice Whitlock, to the Lord Treafurer, to let him know that Mr. Sel-
den never looked after any of the Court, but fought a new and irre-
gular way to be removed without them. The Lord Treajitrcr made a
very honourable Anfwer, That he would not move the King for
Mr. Selden to be removed by this means, until he fent him word, on
his credit, that it was a legal way 3 and told that Judg, that Mr. Selden
L was
6 Caroli.
Hateai Corfiu
a MerchaiK.
elmafi Term,
John SeUen's\
Cafe. !
Judges Excep-
tions 10 the
Warrant fcut
by the Lord
Treafiugr.
74
Wsiorkal Collections,
A(fls of Boun-
ty piojeftcd to
beJoncljyDr.
Ljud BilUop
q{ London tycii\
moft of iheni
perforiTifd in
his Lite-time.
was at the Judges difpoie to reirove back when they would, for it was
not the King's meaning to do any thing contrary to the Order of the
Court, or their formal Proceedings : So Writs were fent this Muhael-
wjjs Term to remove the four Prifoners back again to the Mnpal-
fy.
In the Month of NoTCMher^ the enfuing Afts of Bounty were pro-
jcftcd to be done by Dr. Land Billiop oi London, and many of them
performed in bis Life-time.
TO build at St. Johns in Oxford,
eood and (afety of that Collec
wherein he was bred up, for the
(afety of that College.
. 2. To overthrow the Feoffments, dangerous both to Church and
State, going under the fpecious pretence of buying in Impropriations.
3. To procure King Charles to give all Impropriations yet remaining
in the Crown within the Realm of Ireland, to that poor Church.
4. To let upon the Repair of St. Paul's Church in London.
5. TocoUeft and perfedt tlie broken, crofTing and imperfeft Sta-
tvtes of the Univerfity.of Oxford, which had lain in a confufed heap
fome hundred Years.
6. To fettle the Statutes of all the Cathedral Churches of the New
Foundations, whofe Statutes are imperfeft,and not confirmed.
7. To annex for ever fome (etled Conimendams ; and thofo, if it
may be, (JneCura, on all the fmall Bifliopricks,for Brijiol, Peterborough,
St. Afapf, Chejier, and Oxford.
8. To find a way to increafe the Stipends of poor Vicars.
9. To foe the Tythes of London foiled between the Clergy and the
City.
10. To fet up a Greek Pre(s in London and Oxford, for printing the
Library-Manufcripts, and to get both Letters and Matrices.
1 1. To fottle 80 /. a Year for ever out of Dr. Fryers Land, (after
the death of Dr. John Fryer the Son) upon the Fabrick of St. Paul, to-
ward the repair, till that be finilhed, and to keep it in good ftate
after.
12. To procure a large Charter for 0;c/wr/^, to confirm their An-
cient Priviledges, and obtain new for them, as large as thofo of Canx-
bridg, which they had got fince Henry the 8^/j, and Oxford had not.
13. To open the great Square at Oxford, between St. Al^r/tv and
the Schools, Brazen-noje, and AU-Souls.
14. To fettle an Hofpital of Land in Reading, of 100 /. a Year.
1 5. To Ered an Arabkk^LeSure in Oxford,^t Icatt for his Life-time,
his Eftate as he fuppofed not being able for more, that this may lead
the way, Sec. TheLedure began to be read, Auguft 10.1636. and
was fotled for ever. '
1 6. Then to fottle the Impropriation of the Vicarage of Cndfden, to
the Bifhop of Oxford. Wednelday, April 19. 1637. and fothe Houfo
built by tlicnew Q\ihopo£ Oxford, Dr. John Bancroft, and fetled for
ever to that Bilhoprick.
1 7. To get a Book in Vellom fair written, containing the Records
which are in the Tovper, concerning the Clergy. This Book he
got done at his own Charge, and left it in his Study at Lambeth for
I Poflcrity, June 10. 1637. ab anno 20 Ed. I. ad an. 14. ^d. 4,
1 18. To procure a new Charter for the College near Dublin, and a
Body
HiBorical Collections,
75
Body of new Statutes made to reftify that Government.
19. A Charter for the Town of Readings and a Mortmain of-
20. If he hvcd to (ee the Repair of St. Patil's near an end, to move
his Majcfty for the hke Grant from the High Commjjjion,, for the buy-
ing in of Impropriations that he already had for St. Tanls, and then
he hoped to buy in two a Year at leaft.
Thefe things following the Biftiop perfeftedin his Life-time, ac-
cording as he had defign'd, viz.
His building of St. John's College.
The overthrow of Feoffments.
Setled Impropriations in Ireland.
Began the Repair of St. Pauls.
Regulated the Statutes of Oxford.
Setled the Statutes of the Cathedrals, and annexed Commendams to
them.
Set up a Greek Prefs in London.
Obtained a large Charter for Oxford.
Setled an Hofpital at Reading.
Setled an Arabick^ LcBure in Oxford.
Setled an Impropriation on Cmfden.
Obtained a Charter for the College near Dublin ; and a Charter
for the Town of Reading.
Confideration being had of a Proclamation in King James his
Time ^ whereby, among other things, the inlufferable Abufes com-
mitted by diverfe Interlopers, Irregular Merchants, and difobedient
Fifhermen and Mariners, who were prohibited to Trade with the
Salvages of New-England 5 did barter away to thefe Salvages, Swords,
Pikes, Muskets, Match, Powder, Shot, &c. with which they de-
ftroy'd the Engliflj who fold thofe Weapons to them. His Majefty
therefore by his Proclamation, bearing date the 5/A of December,
did then again prohibit (uch kind of Trade with thofe Salvages under
great Penalties.
On the ph of December came forth in Print, by publick Authori-
ty, .Articles of Teace, Entercourfo, and Commerce, concluded in the
Name of the moft High and Mighty Kings, Charles bj the Grace of God,
King of Great Britain, France, and Ireland, Defender of the Faith, &c.
And Pf:ilip the 4/^ Ring oi^ Spain, &c. In a Treaty at Madrid the ^th
day o£ November after the Old Stile, the Year of our Lord God 1630.
This Peace was Proclaimed on Sunday the ^jth of November with
great folcmnity, and two days after (vvorn unto at the Chappel at
Whitehall ; the King and the Spanijl) Ambaflador Don Carlo Coloma
went into their (everal Retirements whilfl: an Anthem was fung, and
whilft the Dean, Dr. Laud, with three other Biftiops, went up to
the Altar with the Latin Bible, upon which the King laid his Hand ^
Secretary Cook, having read the Oath, the King kifled the Book, and
figned the Articles ; which he delivered up to the Ambaflador, and
fo paffed to the Banqueting-Houfe to a Princely Entertainment.
And as to this Peace, the King declares that it is found meet and
expedient, upon weighty Confiderations moved to his Majefty by the
L 2 inter-
6 Caroli,
AgainftTslIing
of Aims,Amu~
nition, 6"^. to
Salvages.
76
Hi^orical Collections.
'\
Au. 16^0.
intervention of fome of his Friends, to lay afide Hoftility with the
Kins; ofSpuw, and fo to remove by fair and poffible means, the caufe
of the War, which hath bred interruption to the Amity betwixt the
two Crowns 5 which his Majefty doth accordingly make known to all
his Loving People, that the CM Peace and Fricndlhip being fo efta-
blifhed, not only all Hoftility and War is to ceafe on both fides from
hence- forward, but alfo the former Trade and Commerce, as it ftood
in ufe and obfervance of the Treaty made by his Majeftics blcffed Fa-
ther, is reftored and confirmed between the faid Kings, their Kingdoms,
Territories, and Subjefts, as v.'tU by Land and Sea, as Frcfh-waters.
The fubftance of the Articles are at large in the Appendix,
When this War was firft begun with Spaitr, there was great hopes
to have by force obliged that King to procure the Rcftitution of the
Pulutwute ^ but all that could be obtained after long Expence in War,
was, That he would improve his urmoft Intereft in the Emperor, to-
wards the Reftitution of the Prime Ek3or.
On the ')th of Jamtarji, his Majefties Orders and Direftions came
forth publickly in print, together with a Commiflion for the better
Adminiftration of Jufticc, and more perfcft Information of his Maje-
fty, how, and by whom the Laws and Statutes tending to the relief
of 'the Poor, the well ordering and training up of Youth in Trade-,
and the reformation of Diforders, and difordered Perfons, were exe-
cuted throughout the Kingdom ^ which his Royal Ma jefty commanded
to be publifnedanJ enquired of, by the Body of his Privy Council,
whom he had made Principl Commiffioners for thatpurpofe -, which
Commiflions, Orders, and Diredlions, are infcrted more fully in the
Appef^dix.
It fo happened, that at this time there was great fear of a Dearth^
which the Lords of the Privy Council taking into ferious confiderati-
on, thought fit to write a Letter to the Lord Mayor and Aldermen
of the City of Lotidon, requiring an anfwer to thefe particulars fol-
lowing.
I. What tmmher of Mouths are efiecKicd to he in the City of London,
and the Liberty ?
Sr. Kjttherines
'church Con-
fecrated by bi-
Aiop Laud,
5-
4-
5-
in a Tfjc j^jvtrtj i-
What Proportion of Corn mil fi'ffice to feed that mmber by the
Month .<?
What Places are provided fv to conferve that Corn .<?
When the City intends to makf their Provifion^
What courfc the City takes to have the Provijion well conferv'dagainjl
the time of Scarcity .«"
What Jiock. of Mony they provide for that purpofc ? and rvho fjall
he the Providers ^
St. Katherine Creed-Chnrch being lately repaired, was fufpended
from all Divine Service, Sermons, and Sacram^ents, till it were Con-
fecratcd. Wherefore Dr. Laud Lord Biftiop of London, on the i6th
of January^ being the Lord's Day, came thither in the Morning to
Confecrate the fame. Now becaufe great Exceptions were taken at
the formality thereof, we will briefly relate the manner of the Con-
fecration, as alfo what the Biftiop faid in his juftification, when he was
afterwards queftioned for the fame in Parliament as an Innovation,
At
Hifiorkal Collections,
11
At the Bifhops approach to the Weft door of the Church, (bme
that were prepared for it, cryed with a loud voice, Open^opm ye ever-
lafiitrg doors, that the King of Glory may enter in ! and prefently the
doors were opened : And the Biftiop, with (brae Doftors, and many
other principal Men, went in, and immediatly falling down upon his
Knees, with his Eyes lifted up, and his Arms fpread abroad, uttered
the{e words : This Place k holy, the Ground if holy. In the name of the
Father, Son, and Holy-Ghoji I pronounce it holy.
Then he took up fome of the duft, and threw it up into the Air,
(cveral times in his going up towards the Chancel -^ when they ap-
proached near to the Rail and Comnmnion Table, the BiQiop bowed
towards it feveral times, and returning, they went round the Church
in Proceffion, faying the loo Plalm ^ after that the i^fh Plalm, and
then faid a Form of Prayer, Lord Jefus Chriji, &c. and concluding.
We Conjecrate this Church, and Jeparate it unto thee, as holy Ground, 7iot
tohe profaned any more to common vfe.
After this the Biftiop being neer the Communion Talk, and taking
a written Book in his hand, pronounced Curfes upon thofe that
ftiould afterwards prophane that Holy Place, byMuftcrs of Souldiers,
or keeping prophane Law Courts, or carrying Burdens through it, and
at the end of every Curfe, he bowed towards the Eaft, and faid. Let
all the People fiy,^men.
When the Curfes were ended, he pronunced a number of Bleffings
upon all thole that had any hand in Framing and Building of that Sa-
cred and Beautiful Church, and thofe that had given, and ftiould
hereafter give any Challices, Plate, Ornaments, or Utenfils , and at
the end of every Blefiing, he bowed towards the Eaft, faying, Let all
the People fay, ,Amen.
After this followed the Sermon --, which being ended, the Biftiop
confecrated and adminiftred the Sacrament, in manner following.
As he approached the Commumon-Table he made many feveral low-
ly Bowings , and coming up to the fide of the Table where the Bread
and Wine were covered, he bowed (even times, and then after the
reading of many Prayers, he came near the Bread, and gently lifted
up the corner of the Napkin wherein the Bread was laid, and when
he beheld the Bread he laid it down again, flew back a ftep or two,
bowed three (everal times towards it, then he drew near again, and
opened the Napkin, and bowed as before.
Then he laid his hand on the Cup, which was full of Wine with a
cover upon it, which he let go again, went back, and bowed thrice
towards it, then he came near again, and lifting up the cover of the
Cup looked into it, and feeing the Wine he let fall the cover ^gain,
retired back and bowed as before 5 then he received the Sacrament,
and gave it to (bme principal Men 5 after which many Prayers being
(aid, the Solemnity of the Con(ecration ended.
It is not inconvenient I hope to tran(grefs in point of time, by ac-
quainting the Reader that this matter was (bme years after objefted
againft the Bifhop of London in T^arliament , as an evidence of
his inclination to introduce Popery , and the(e matters of Faci
before recited were then proved before the Houfe of Lords 5 to
which the Bifhop made a learned Defence, by endeavouring to juftifie
the Con(ecration of Churches from the praftice of Mofes, Solomon,
Hezckjah, and other Princes of the Jews, in the time of the Ceremo-
nial
6 Caroli.
Ceremonies
ufed by the
Bilhop at the
Confccration
of the Sacra-
ment.
78
Hijlorkal Collections.
/r*
nial Law. And that it is expreffcd in the Old-Tejiament, that the Ta-
bcrnack^ with all the Veflels and Ornaments thereunto belonging,
were all folemnly Confecrated by Mofes 5 and afterwards when the
Temple was built, it was folemnly Dedicated and Confecrated to
God by King Solomon^znd all his Princes and People :, Healfo argued
out of Ettfebius^ in the time of Conjiafitine and other Chriftian Princes,
of the Antiquity of Confccrating Churches , and then he defcended
more particularly to anfwer the Charge as to the Confecration of
Cree^-Church.
It was teftified ( faith he) that I came thither in a pompous man-
ner. IdcKji it, it was only in a grave andfeemly manner. It is objefted,
that as foon as I came within the Church Door I fell down upon my
Knees ; True, it was no more than my Duty, being an Oratory. Moles and
Aaron /e// dorvn on their Knees at the Door of the Tabernacle. Hezekiah
and the "People borved and morpipped, as I have proved at large in my Speech
in the Star-Chamber. ^nd, 0 come let us xrorfiip and falJ down before
the Lord our Mak§r, k the common Introitus in our own and other Litur-
gies. It is objefted, I pronounced the Place and Ground holy ; / did
foy and it is an ordinary and legal Speech, there being a 'Illative, tho not
an Inherent Holinefs in Churches dedicated to God's Service. Whereas
it was faid, I threw up duft in the Air, This I deny, and where it
was alledgedthat this was in imitationof the jRwm» Pontifical-^ that
(faid he) is a miflake: jor the Pontifical Prefiribes, (Cinis) ^fies, not
Dttft to be caji abroad. For my Form of Confecration, Tiifiop Andrews
made it, from whom I defired a Copy, and had it, which I obferved. It was
objefted that the form of Prayer I ufed, is in the Maf-Bookax\d Ro-
man Tontifical. It may befo, he replied, and many other very good
Prayers are in it.
After the Biftiop had made his Defence, a Reply was made by a
Member of the Houfeof Commons,appointed to manage the Evidence.
1. That Mofes had an exprefs Command from God himfelf to con-
fecrate the Tabernacle, with all the Velfels thereof, by anointing them
with Confecrated Oil, Exod./i^o. 10, 11, 12. they being Types of
Chrift to come : But we have no fuch Command from God to Confe-
crate Churches, Church- Yards , Chappels, Altars, Veftments, which
are no Types of Chrift already come.
2. This Confecration was made by Mofes xhc Temporal Magifirate,
( not by ^uron the High-PrieB) without any other Ceremony than
meet anointing the Tabernacle and its VefTelsand Implements with Oil:,
therefore this was no Warrant for Bifiop's confccrating Churches,
Church-Yards, Chappels, Altars, Veftments, with other Ceremonies,
without any anointing them with Oyl.
3. This Confecration was on\y T€mpo}-ary,Jewif), Ceremonial, abo-
lifhedby Chrift's death, Col. 2. 14. &c.
4. King Solomon did not Confecrate the Temple, nor the VefTels and
Court thereof with Oil, as Mofes did the Tabernacle, but after he had
brought the Ark, Tabernacle, and all the holy Veflels into it, with Prai-
fes, Thankfgiving and Inftruments of Mufick, and after the Cloud
ami Glory of the Lord had filled the Houfe, he made an Heavenly
Prayer only in the midft of the Court, not in the Temple, before all
the Congregation of Jfmel.
I . That the moft Holy Place was fb ftiled,tho never Confecrated : fb
Jerufakm is very frequently called the Holy City, Mat. 4.5. and 27.5^.
though
^ ^/^w Hijlorical Qollections.
79
though ntvtr Conlccrated, and God told Mnfes^ the place whereon then \ 6 Card/.
j}jKclcjl is l.olj grcund^ Exod. 3. 5. thougli never Confecrated by a Bi- *^-<^'^/^~V^
ihop.
2. Our own Homilies inform us. That the Church is counted and
calltd Hcly,riOt of it (elf, (nor yet for its Contecration by a Bilhop)
but becaull- God's People retorting thither,are Holy,and exercife them-
(eivesin liolyand Heavenly things,
3. The Hearing and Preaching God's Word, Prayer and receiving
the Sacraments, therein are fiifficient of themlelves to fandlifie, and
rrakc it Holy without any other Conlecration.
4. Sar.ftitication in its own nature, is nothing ehe but a fequefter-
ingofany rh.jng from a common or ordinary ule, to a Religious and
(iicred purpofe, and this may be done without a Biftiop's Excrcifm or
Conjuration.
For iiis throwing up of DuO, two Witnefles exprefly depofe it,
which niufi: ovcr-ballancc his bare Negation, and there is fo little dif-
ference between Duft and Alhcs, as they are : ufually coupled toge-
ther as jpiotiimous in Scripture and Authors. That he took his Form
from Bifhop ^ndren-s^ is only averred by himfelf^ not proved by any
witness ; but that it agrees with that in the Pontifical^\vh\ch. we found
in his Study even in termhik^ is raoft clear, and therefore we cannot
but prefume he derived it from thence : However if Bilhop Andrews
imitated the Pontip'cu!^ and he Bilhop ^Wi^reu?/, the charge is much alike.
Sir Miles Hobavt, and William Stroud Efci. their Cafe.
ON the 2 5^ o^ January the Attornv General exhibited two (everal "^ir MjUs ho-
Informations, the one againft William Stroud^ Efq. the other ' J;"^' ""stZl
againfl Sir Alr'es Hohart, Knight. The Charge againft both of them iheii- Cafe'a-
therein, was for (everal Efcnpes out of the Prifon of the Qatehoufe: \ ^'o"''nE'"pe
they both pleaded not guilty. And their Cafes appeared to be as \
followeth. The faid William Stroud., and Sir Ahles Hoha)-t, were by i
the King's Command committed to Prifon, for Mifdemcanours al-
ledged againft them, in their carriage in the Houle of Commons at
the laft Parliament. Afterward in Trinity Term ^nno 6. Caroli
both of them being by Order of this Court, and by a Warrant from
the Attorney General to be removed unto the Gateheufe ; The JVar-
den of the Alarpalfej (where they were before imprifoned) font the
faid ^S/j-fW to the Keeper of the Qatehoufe., who received him into his
Houfe lately built, and adjoyning to the Prifon of the G,??f/jw//e, but
being no part thereof After which receipt, the fame night, he licen-
fed the (aid Stroud to go with his Keeper unto his Chamber in Graces
Inn., and there to refide. Sir Mdes Hohart was alfo by the fiid War-
den of the Marfialjcjs delivered to the Keeper of the Qatehoufe., but
being.fick, and abiding at his Chamber in Fleetjlreet, he could not
be removed to the Priibn of the Qatehoufe., but there continued with
his Keeper alfo. Afterwards the Sicknefs increafing in London^ they
fvv'ith the Licenfe of the Keeper of the Qatehoufe., as it was proved )
retired with their Under-keepers to their feveral Houfes in the Coun-
try for the fpace of fix weeks, until Michaelmas Term then next fol-
lowing, v/hen by diredion of the (aid Keeper they returned to his
Houfe 5 But in all that fpace it could not be proved, that they
were in any part of the old Prifon of the Qatehoufe., but in the new
- ■ Building
8o
Hifiorical Collections,
^n. 1630. 1 Building thereto adjoining, unlefs when they once withdrew them-
^^^^■N/'jciJ (tlvcs to a Clofe-ftool, which was placed near to the Parlor, an.d was
part of the Old Prifon of the Gatehonfe. This Evidence was given to
both the Juries, and both them returned their Verdicts Severally, That
they were mt Guilty^ according to the Information exhibited againft
them. And in this Cale it was debated at the Bar and Bench, Whe-
ther by this receipt and continuance in the New Houfe only, it may
be faid. That they ever had bin imprifoned ? And the Judges held.
That their voluntary retircfttevt to the Clofe-Jlool^made them to be Prijbners.
They refolved alfo. That in this and all other Cafes, although a Pri-
foner departs from Prifon with his Keepers Licence, yet it is an Of-
fence as well puniftiable in the Prilbncr as in the Keeper. And dil-
f/jrtf/? made this difference between Breach of Prifon and Efoape^ the
firft is agaifiji the Goaler's rvill ^ the other is ivith his conjcnt^ hnt m both
the Trtfoner is ptwJfiaUe f, whereunto the whole Court agreed. It
was alfo refolved, That the Prifon of the Ktz/g's ^ctuh is not any
Local Prifon, confined only to one Place ^ and that every Place
where any Perfon is reftrained of his Liberty is a Prifon. As if one
take Sanctuary and depart thence, he fhall be faid to break Prifon.
The i\th day of March^ his Majefty iffued out a Proclamation, de-
claring his Royal Grace to confirm to his Subjects of tiie Realm of
Ireland their Defedive Titles, and to eftablifh their Eftates and Pof-
foffionsby hisCommiffion under the Great Seal of Sngland^ as the
ftrongefl: motive to quiet them, to make them fubjeft to the Laws, to
conform themfelves to Induftry, and to make them opulent. See this
at large in the Appendix.
lteUmdT)de-
aive Titles.
An Account
of th= Bills of
Mortality for 3
great Plagues.
The Ld, Kfff-
er's care to an-
fwer Pelitio-
ners.
A complaint
by the Filher-
men of Sarkj
hitm.
The total of all the Burials for this Year 1650 in London, and the
Liberties, of all Difeafos 10554, whereof of the Plague 13 17.
There died in the firft Year of King Charles the Firft, Anno 167 5.
in London and the Liberties, of all Difoalcs 54082, whereof of the
Plague 35428.
And in the Year 1665, there died 79000 Perfons, whereof of the
Plague 65890.
It was the ufial cuftom of Thomas Lord Coventry, Lord Keeper of
the Great Seal of England, diligently to obferve the fitting Days of
the Privy-Council '■, and his courfe was ever in the firft place to hear
all Petitions read •-, and when there had bin any Hearing upon them,
or Anfwers given to them without hearing, he commanded the Clerk
of the Council, to inquire if there were any more Petitions •■, and if
none, then he ufod to rifo and leave the Council fitting, and not to
ftay the Debate of Matters of State, or Foreign Affairs j and were
the Petitioner never fo mean, his Petition was certainly read, if the
Lord Keeper was there.
[ An Example of which you have in the Fiftiermen of Barhjjam in
I Effex, who made their complaint againft Captain John Smith, Cap-
tain of the South Bbckhoufe ^ and Captain John Duffeild Captain of
the Ship called the Seven 5'?<rr/,riding at Medway, for divers wrongs and
extortions of Fees, in taking Mony of the Petitioners, under pre-
tence of requiring their Bond, and the like : Whereupon it was this
day Ordered, That the (aid Fiftiermen ftiould hereafter bring Certifi-
cates
I
HifloYtcal Collections.
8i
cates and Bonds ready made, unto Sir Thomas FanJJjarv Knight, dwel-
fing mEffix, and before him fhall Sign, Seal, and deliver the Hime to
his Majeftics ufe, and leaving the faid Bond with the forefaid Captain,
were to proceed in their Vocation o^ Fifiing^ without any other Bond
to be required of them after, or any trouble or moleftation touching
the fame, notwithftanding any reftraint , when by the faid Rcftraint
it is permitted to them to proceed in their Fifliing, giving Bond not
to pals beyond Seas.
6 CaroU.
A
Whitehall,
April 17.
Whitehall,
April 23.
Whitehall,
May 7.
Whitehall,
May ly.
Titles of PROCLAMATIONS, ^c,
Tro ^nno 1631.
Proclamation for the better ordering of thofe who repair to the Whitehall,
Court, for the Cure of the Difeafe, called the Kmgs Evil. ^P''''^-
A Proclamation for the preventing of the Exportation of Woolls,
Wooll-fells, Yarn, Fulkrs-Earth, and Wood-A(hes, and of Hides
both Tan'd and Raw, out of this Kingdom.
A Proclamation for qr.tckning the Laws made for the Relief of the
Poor, and the fupprefling, punifhing, and fetling of the fturdy
Rogues and Vagabonds.
A Proclamation for the reftraining of the Importation of Iron-
Wier into this Kingdom, and for the fupport of that Manufafturc.
A Proclamation declaring his Majefties Royal Grace and Pleafure,
to confirm to his Subjeds their Defeftive Titles, Eftates, and Poflef-
fions (as well by colour of former Grants, as without any Grant
from the Crown) by his Commiflion lately renewed and granted to
that purpole. ^
A Proclamation for the better difcovery and prevention of Burgla-*
ries. Robberies, and other Frauds and Abules -■, and for the luppreffing
of all (ccret and unlawful pradices of Retailing Brokers, and others
which may occafion the fame.
A Proclamation prohibiting the Exportation of Corn and Grain.
A Proclamation for the fupprefling of Felons and Out-laws, their
Aiders and Abettors, by bringing them to be anfwerable to the feve-
ral Laws of the (everal Realms of England and Scotland,
A Proclamation for the eafe of the Subjefts in making their Compo-
fitions for not receiving the Order of Knighthood according to the
Law.
A Proclamation concerning New Buildings in and about the City of
Londo77 1, and againft the dividing of Houfes into feveral Dwellings
and receiving and harbouring of Inmates.
M ' ^
Whitehall,
June 5.
Whitehall,
June 13.
St. Jamei'i
June 30.
St.7rfOT«'s
July 6.
Nonfttch,
July 16.
82
Historical Collections.
^n. 1629.
Aug. I.
farnhdoi,
Aug. 9.
Canterhitry,
Aug. 19.
XPantfttd,
Septemb. 9.
Theobalds,
Septemb. 17.
Hdmfton-
C'»«r/,Sept.i8
Whitehall,
Novemb. 1 1.
Whitehall^
Novemb. 14
Wefiminfler,
Deceinb. 5.
Whitehall,
Jan.*;.
Whitehall^
March 14
A Proclamation prohibiting the keeping of Bartfjeloffievp-F^'ir^ and
5'/»/r/'r;W^-Fair, and our Ladj-Fsiir in GoMthwark.
A Proclamation againft the falfe dying of Silk.
A Licence for a CoUeftion throughout England and Waks^ towards
the Maintenance of the Exiled Minifters of the Pulatimite.
A Proclamation for adjourning the Term.
A further Proclamation for the fuppreiling and punilhing of
Rogues and Vagabonds, and relief of the Poor, according to the
Law.
A Proclamation for preventing the Dearth of Corn and Vidual.
A Huy and Cry againft Dr. Leighton.
A Proclamation forbidding the difordcrly Trading with the Salva-
ges in Nevp-England in jlmmca ; efpecially the furnifhing the Natives
in thofe and other parts of ^merica^ by the Englilli, with Weapons,
and Habiliments of War.
A Proclamation for Peace with Spain.
A Proclamation concerning Tobacco.
A Proclamation declaring his Majefties Royal Grace, to confirm to
his Subjefts^ the Realm of Ireland, their Defedive Tides,andto efta-
blifh their Eftates and Polleffions by his Commiflion under hie Great
Seal of England.
Hiftorical
8^
iftorical Collcdions
For the Year i (^9 i.
mtas l)is ^aitdv Datlj bin gtaciouflp
pltafeD to fiiUe pcnmfflon to £)ar lierp
gooD Ho^D, tl)e ^o;iD figatquefe of Ha-
imlcoii, fo^ rDelebpmg aim tranfpo;jting
of fix choufand Englifli Voluntiers tO \)t
rmploprD in tl)c tenure of tl)e Bingof Sweden.
::^nD ll5!]f rcas Captain Coningsby of tlje Regiment
of ^ir James Hamilton, t)atl) DeOtCD a CoilUmffiOU
foz tt)c ratfmg of tl)t Conipanp to go unOer \)is
Commano, confiamgof 150, i))ttt)mtDe Counties
of Hereford, Kent, anO Middlefex ; %f)t(t ate tl)ere=
fo^e, acf o;H)mg to l)i& ^ajtftits txpitts pleafnre
on tliat beDalf, to fignifp as XDell to pout JLoiD^
Ibips l)\s ^aieftits ^lieutenants of tl)efaiO Coun=
ties, auD to pour SDeputp lieutenants s as Xbeu
alfo to all Mayors, Sheriffs, Juftices of the Peace,
auD to all otl)f r Dis ©aiefties IjeaD £)fficers ano
loumg ^ub|ccrSj to iDbotn it Umll appertain, %i^at
ibe DO l)erebp grant Hiceufe unto tl)e faiD Captain
Coningsby, to taUe up autJ entertain, bp beating of
2D?un] 01 otbtrlbifr, tl)e faib number of 150 ^0=
luntiers ibitljin tl)e Counties anb i^laces afo?e-
faiB, p^aping anb requiring pour llo?b(!jips, &c.
to affo^D tl)e faib Captain anb t)is €)fficers pour
brfl: affiltance anb fu?tberance on tljat beljalf, as
alfo m tl5e o^uerlp ccnbuct of tl)em,tUitl)out mmi-
mage. Charge, o^jDffencetotbeCountrp, from
folate to ^laceibitbin pour feberal ^urifDictions,
unto tile idlace 01 i^o?t of tl)eir embarfeing.
The like CommilTions were granted to the reft of the
chief Commanders and Officers.
At this tiiiie the Ring granted more Commiffions for raifing 6000
Men for the Service of the King of Siveden , a Lift of which Officers,
and the Counties wherein they were to raife the Men, followeth.
M 2
The
7 Caroli.
A Commiffion
granted to the
Marquefs of
I/timilton's
Officers to
raife their
Men.
84
Hisioncal Collections,
The names of the chief Officers and Captains of three
Regiments hereafter named, with the feveral Coun-
ties wherein each Company was to be levied.
Sir Jacob j^pky Colonel.
Qaptalns Nanm, Counties.
CAptain Bal/ard^thc'
Colonels Compa-
ny, to raife his Men mi
the Counties of
'Linroh/^
)Nottwgham,
Lieutenant Colonel>
Talbot ^xo raife his Men^
in the Counties of
iSt/fex,
'JOxo/;,
vStaffordy
^Salop. .
-^ rBriJiol,
Serjeant Major Jolm/ \So/»erJet,
Chamberlain^ to raifev. jWilts^
his Men in the Coun-f ylertford^
ties of \ /Bedford,
-^ ^SoHthampon.
Captain Earnlj/^ to'
raife his Men in the.
Counties of
Wiits,
-.Somerjct,
-Northamptoft.
-J rCarmarthen^
Capt. Datiid to raile/ \£ardigan,
his Men in the Coun-V jPembroo^^
ties of C ^Salop,
Warwick^^
-Staffird.
{J
Capt. Ap;i,
To raile his Men in)
the Counties of
Capt. Wrottghton^
To raile his Men
the Counties of
.Norfolk^
f.pi^,
Cambridge
yOxotf,
■Berks.
GloHcejlery
Wilts,
Pxon,
Stafford.
Capt. GW/vVi^, p cNorthamptoff,
To raile his Men m? ^Huntingdon,
the Counties of J ^Cambridg.
Capt.
Hiflorical Collections,
85
Captains Names.
Capt. HovDcL
To raife his Men in(
the Counties of
Capt. Crofts^
To raile his Men
the Counties of
Counties
'Glamorgan,
]Mo»f»outf3,
Stafford.
s»pii,
Ejjkx,
Bedford,
Somerfet,
Gloucejier.
There was added to every of the Warrants of Sir Jacob AJIjlefs Re-
giment, the County of Middkfix, the Cities of London and
Wefiminjier.
Sir James Hamilton Colonel.
CAptain Coningsby-,'
the Colonels Com-(
pany,To rai(ehisMen(
in the Counties of
"Hertfird,
)Kent,
sMiddlefex,
Lieutenant Colonel! ^Brecknock,
Sir William * Balatitine,{ ^Cardigan,
To raife his Men inr \Radnor,
the Counties of j \_Pembrook.
Serjeant Major Arthur
Brett, To raife his
Snjjex^
Effex,
Middkjex,
Men in the Counties r" <{DorJet,
of
Somerfet,
North folk^^
iKent.
Ca^t. Arthur Long, 7 ^Middlefex,
To raife his Men in^ '^Sn
the Counties of ^ *•
mrrej.
Capt. Tavplet,
To raife his Men inil
the Counties of
Capt. Hamond,
To raife his Men in)
the Counties of
Southampton,
)Wiltf,
iSomerJet,
Dorfet.
.Surrey,
iTBerks,
'Kent,
morfol^,
-Oxford.
— "-I
7 Caroli.
* If not Fth
Itnttnt,
Capt,
86
HrJloYtcal Collections,
Jfn. 1631.
Qa^tains Names.
Capt. Carj/,
To raile his Men in^
the Gounries of
Capt. ''Breton,
To raife his Men
the Counties of
in<
C2i^t. J ohnl^eU,
To raife his Men in:
the Counties of
Capt. Vavafor,
To raife his Men
the Counties of
Capt. Termtty
To raife his Men in^l
the Counties of
Capt. Fieldings,
To raife his Men inj
the Counties of
Counties.
"Southampton,
^Hereford,
•'GloHceJier.
'Southampton^
\Dorfet,
.SuJJex.
^Hertford,
\Northamptony
Warwick^,
* Oxford,
■Middlefex.
WartvicJ^j
'tajford,
'alop,
Chefier.
'Lincoln J
) Hertford,
\QlouceJier,
Middlefex,
'Warwick^,
)Northampton,
iWorcefier^
Kent.
The like Warrant for Capt. TVilliam Sterne, to raife his Company of
150, within the Counties of Cambridg, Huntingdon, Ejfex,
Suffolk
Sir James ^amfey Colonel.
CAptainT5n/ce, thej*
Colonels Compa- '
ny. To raife his Menj
in the Counties of
Lieutenant Colonel'
Goring, To raife his(
Men in the Counties^
of
Serjeant Major Fcve-
ler. To raife his Men]
in the Counties of
'Middlefex,
)Effex,
)Kent,
Hertford.
'Suffex,
)SoHthatftpton,
fKcnt,
J^eicejier.
-Worcejier,
\Salop,
Wilts,
''Berks,
■Middlefex.
Capt
Hijlorkal Collections.
87
Captains TSlames.
Capt. Roger Powell
To rai(e his Men in
the Counties of
Capt. Talbot,
To raife his Men
the Counties of
Counties.
(Gloucejlcr,
Hereford,
Monmmdh,
^reckpocl^,
«j QUmorgan,
Carmarthen^
Radnor,
Montgomery^
^Sahp.
{Salop,
Stafford,
Worcejier,
in
Capt. John Povpel,
To raife his Men
the Counties of
m
r* '^Gloucejler.
Wilts,
Oxford,
^Herks.
GloMcefier,
Hereford,
Monmouth,
\'~Brecknock^,
*^ Glamor ffln,
Carmarthen,
Radnor,
Montgomery^
^IBer/is.
- rTork,
Caipt. Geo. Clifford, J \Nottingham,
To raife his Men 'm\^ jLincolnj
the Counties of r ^Wefimorland-)
V /Cumberland,
J ^Carlife.
Capt. Dottglafs, 9 QSurreyy
To raife his Men in( "iMiddleJex,
the Counties of J ^Gloucefier.
7 Caroli.
%
Henry
8'8
Hifioncal Collections.
An. \6^l.
Ntr. helLifis
fummoned to
.itceiid the
Council,
For feeming to
affront the L.
Prefidcnt of
tlie North.
His Anfwcr.
His Commit-
ment.
His Stibmifll-
on and Re-
leaftnent.
April ; o. i(?u
A CommirtKia
for Repair i.ie
of St. l'a:ds.
HEnrji Bal/a(ij\, Son and Heir of the Lord Faulconherg, was on the
6th of Jfpril caWed before the Council Board, to anfwer his
contcmptive carriage towards the Lord Wentvporth^ Lord Prejideftt of
the North, and one of his Majefties Hon'^''^ Privy Council. The' Charge
given againfc him was, ' That he had come into the Room wherein
' the (aid Lord Prefident was at a folemn meeting, without (hewing
' any particular reverence to the faidLord T^refidetit^as in civility and
' duty he ought to have done. And that afterwards his Lordfliip go-
'ingoutofthe faid Room with his Hat off, the Kings Mace-Bearer I
' before him, and all the reft of the company uncovered, he the faid
' Mr. T^allads ftood with his Hat on his head, looking full upon his
' LordOiip'without ftirring his faid Hat, or ufing any other Reverence
• or Civility to the fiid Lord Prefident.
' To which the (aid Mr. BellaQs made anfwer by a (olcmn ard deep
' Protcflation, That he came into the Room as he (hall do into all
' other places, fully purpofed and ready to perform that Rcfpcft and
'Reverence to the Lord Vicount IT'V;;/n7cr//>, which he acknowledged
' to be due to the place he holds under his Majefty 5 And the reafbn
' why he did not put off his Hat to his Lord(hip going out of the
' Room was, that his Face being turned about the other way, talking
' with Fcrdiaa-fido Lord Fairf.ix, his Lordfhip was paft before he
• was aware thereof^ that othcrwife he would have put oft his Hat,
' and given that Reverence to his Lordfhip : Protefting again deep-
' ly, that he came with no intent into the Room to offer any negleft
' or difregard to the (aid Lord Prcjidef/t. Whereupon he was com-
manded to withdraw, and being commanded to kneel, did but (eem-
ingly do it. Yet by reafbn Mr'. T^eUufis was a young Gentleman, and
that he would hereafter behave himfelf with more Civility and Hu-
mility towards his Majefty's "Prefident, therefore did only order that
the fiid Mr. BelUlis, as he hath now made this Profeflion before their
Lordlhips, fo fliould he al(b under-Vvrite the lame with his own Hand,
together with an Acknowledgment, that he is fbrry he gave fach oc-
ca(ion of Offence and Scandal to the (aid Lord W^irtwerth, which
was accoixiingly drawn up and tendered to him : but Mr. Bel/afis
refu(ing to fubmit to it and obey. Was by their Lord (hips committed
to the Gdtdmife.
Mr. Be/fufis after a months Itnprilbnment, was by the Lords of the
Council called in againth^6/^of"Mrffyand feemed Willing to fublcribe
the Acknowledgment : ' But (aid he hoped the Submillion was under-
' ftood to have relation to the Place, and not to the Perfon of the
Lord 'Vrefidetit 5 and being thereupon commanded to withdraw, his
Friends pre(ently prevailing with him to fubmit, which being fignified
to their Lordfhips, he was called in again, and fubmitted to obey their
Commands, and was thereupon (tt at Liberty.
Tlie Devotion of thofc times undertook a va'ft and e^^penfiveWork,
the repairing of the Cathedral Church of St. Paul's \n Lof^don. To
which end a Commiflion under the great Seal was awarded to the
I Arch-Billiops of Catiterbury and Toi\, the Bifhops of London and
Winchejier, to all the Lords of the Council, and all the prime Mini-
fters of State, to the Lords Chief-Jujlices of the Courts at JVcJimfi-
Jier, and to the Lord Mayor, divers Aldermen, and the Chamberlain
of the City of London, and to the Dean, and Refidentiaries of that
Cathedral. ' His
Hiftorical Qollections.
89
* His Majefty therein Declaring ; that he had taken into his ferious
*and Princely Confideration the great decays of that Building, the
* (ame being the goodlieft Monument, and itiofl: eminent Church in all
' his Dominions, and a principal Ornament of the Royal City ^ that in
' refpedt of his Zeal to God's Glory, and for the Honour of his Go-
' vernment, he had an earnefl: defire and purpofe to provide for the
' Repairing and Upholding of that Magnificent Strufture, and re-
•' floring the fame to its antient Beauty and Glory, according to the
' pious intention of his Royal Father, who granted a Commiffion to
' begin and fet forward that great and Honorable Work. And duly
' weighing, that as this chargeable Fabrick in the firft founding there-
' of^ could not but require many Years of time, and large fupplies
' of pubhck Charity 5 So the (ubftantial Repairing and Adorning
' thereof is not to be effcfted out of any Rents, or Revenues here-
' tofore pretended to have been given to that ufe, but will require a
' ftock of Money and Materials to begin the Work, and a conft^nt
' yearly fupply to bring it to an end. Wherefore it was his Majefty's
' will and pleasure, that all Monies to be railed or recovered for this
' Work, (hould be paid into the Chamber of Lotjdon^ as the fitteft and
' {afeft Chefi whereinto the fame can be put, and the Materials which
' already are or (hall be brought in, fhall be laid in Store-jards, Houfes,
' and Places, by Officers appointed for that purpofe. And the Bifliop
' of London was authorifed to keep a Regijier, wherein to tdke the
' feveral Subfcriptions of the Nobility^ Bifiops, Judges, Serjeants and
'■ Counfellors <?f Ldue, Officers and others of Quality and Ability who
' fhall willingly contribute. The Judges of the Prerogative Courts of
' both Provinces, and the Vicars General, and the Officials of the fe-
' veral Bifhopricks of the Kingdom, were commanded to take fpecial
' care, that out of fuch Monies as fhall fall into their power upon the
' Deceafes of Perfbns inteftate, to be diftributed for pious ufes, fome
' convenient proportion thereof be afligned to the fupply of this
' Charge. And the Letters Patents, for the general Contribution of all
' Subjedts in the Kingdom, were to be drawn in a more fpecial man-
' ner, according to the extraordinary nature of this Cafe. Alfb the
* Commiflioners had Authority for taking of an exad Survey of the
' particular decays of the Church, and calculating the Charge there-
* of, for the difcovering of all fuch Legacies, Gifts and Sums of Mo-
' ney as were given, or intended, for the Maintaining , Repairing,
' and Adorning thereof 3 and for Advifing and Agreeing upon the
' Forms of Letters Patents for Publick CoUeftions throughout England
' and Wales ; and for the orderly bringing in of all fuch Moneys as
' (hould be CoUefted, Raifed, or Recovered for this Public life, and
* of all Materials thereunto belonging , and for the well-difpofing
' thereof; and for making of meet Orders and Conftitutions for the
'Prefervation of that Cathedral, and fupprefling and preventing all
' prefent and future Annoiances, Purpreflures and Encroachments,
' which tend to the Damage or Difgrace thereof. And that the Pro-
* ceedings herein may be firm and inviolable, and remain in perpetual
* memory, this Injunction was added. That a Certificate thereof be made
'■ into the Court of Chancery, there to remain on Record.
According to the diredions in this Commiffion, Briefs for Contri-
butions were iflued forth under the Great Seal^ in different manners,
N according
7 Caroli.
A Regifter ap-
pointed for the
Subfcriptionof
Benefaitors.
Briefs for Con
tribution iffu-
cd forth for
that effeft.
)o
Hifiorical Collections.
^)7. 16:? I.
Some Pcrfons
remifs int^e-
ci;tin2 them.
according to the diflrerent condition 'of the places unto which they
^vere direftcd, Rcfolutions were taken by the Lords Conimttees^ that
' once a Year a Certificate be made of the Mony given, and of the
' Donors names ; and that the Work fliould not begin till tliere were
' loooo/. in Bank 5 and when the Scaffolds were up, and the Work
'be8;unf, that two or three Chefts (hould be fct in the Church, in
' convenient places, for receiving the Benevolencies of well difpofed
' Perfons.
And whcre-ever there was found flacknefs in raifing or collefting
of Monies in this behalf:, Perfons of Wealth or Authority in their
Country, were to be quickened by Letters Monitory fciit from the
Council Table. Sir Fratick Knorvls and SirT/jomts Vachel^ Juftices of
the Peace in Berks^ received fuch Letters, wherein they were checked
for delaying to publifti his Majcfties Commidion, and forbearing to ex-
pre(s their own Liberalities, and their good inclinations to fo pious a
Work, which might bea means to invite others by their good exam-
ple ■-, and were injoyned, for the redeeming of opportunities already
let (lip, to redouble their diligence, and to put the Commillion in ex-
eciition by the btft v/ays and means they could; and to return anex-
adt Accompt of the Monies given by themfelves and others i that the
King being therewith acquainted, may diftinguifti between llich as are
j forward and well-afFcftcd, and fuch as are (lack and remifS in doing
God and him Service.
T\efolutions taken by the Lords Committees for the Bujiticfs of the
Cathedral Church of St. Paul.
1. That once a Year Certificates be made of the Monies given, and
the Donors Names.
2. That a Clerk of the Work be chofen, and a Pay-mafter, and a
Purveyer.
3. The Work not to begin till there be Ten thoufuid pounds in
Bank. That when the Scaffolds are up, and the Work begun, two
or three Che(ts be (et v\ ithin the Church, in fuch places as lliall be
thought fit, for receiving the Benevolences of well-difpofcd Perfons
to the faid Work. , *
Moreover, The Privy-Council being informed by (undry Hands, of
a long Abufe in that Church, which might give an Impediment to
Mens Liberal Offerings, thought fit to make this Order on the i8ch
of Jamtary.
Abufes to be
reformed in S.
PauliQimnh.
' rr^He Council Board by fpecial Direftion and CommifEon from his
' J_ Ma jefty, taking into confideration the way? .ind means for ti)e
' Reparation of the Cathedral Church of St. Paul's, were informed at
• fundry hands, of a long continued abufe of the place, which might
' give a great impediment to Mens liberal Offerings to Co pious a
' Work, if care were not taken, as well for the Fveligious and decent
' life of the inf.de, as repairing of the outfsde. The offence that is taken
' as well by Forreigners, as thofe of our own Nation, is, that in time
' of Divine Service, while the upper part of the Clmrch is vjedfor Praj-
' ing and Preaching, the nether pai-t of the Church is ufed (is an Exchange
'■for Men to meet in^ to roalk^^ talk, and dijcourje of all things i, and the
'Church
HiftoYfcal Qollections,
91
Church klclt^ though by fituation it ftands convenient for Pafiaojc
' to and from all parts of the City ^ yet by that liberty is fo far pro-
' fancd, as it is uled like a Street for carriage through of all Burthens,
' Provilions and ncctflarics Men have to u(e, or pafs from place to
* place 5 whereat good Men arc much (candalized. Their Lordlhips
' finding this to be fo unfit (the Dedication of that place confidercd)
* befides the coldncfs it may make in Men, otherwi(e v^^ell afi"efted
'to this Work, if the better part be not cared for, as well as tlie
' material Work provided for, have thought fit to declare themfelves
' thus far,to the Dcm and Chapter of that Church, that they thereupon
' may (eriouily enter into Confideration how this Abufe may be re-
' formed, and propound to the Board a fit Expedient. Their Lord-
' fliips for their parts offer this unto the fiid Dciin and Chapter :, That in
' time of Divine Service, Prayers, or Preaching none fhould be fuf-
' fered to be walking or talking in the Church, or nether Iks thereof;
' And at no time to have any part of the laid Church ufed ai a through-
''fa-c, or paOage for Burthens, Provifions,or other common neceffaries
' to be carried through the Church, but for all thofe things to take the
' common way of the Streets. What more or other things the Dean and
' Chapter Ifiall find fit to add, they are prayed and required to repre-
' fent unto the Board with all conveniency, that fiich courfe may be
' therein taken as (hall be fit, and this pious and worthy Work encou-
' raged by all the means that may be.
This (3rder was confirmed by his Majefty, and publifhed in print, as
followeth.
Purfuant to the reformation of Diforders in Cathedral Churches,
particularly that of St Tanl in Lovdon lately begun, his Majefty gave
forth fpecial Commands and Orders in the terms following.
I.
' That no Man of what quality foever (hall prefiime to walk in the
' lies of tlie Quire, or in the Body or lies of the Church, during the
' time of Divine Service, or the Celebration of the Bleflied Sacrament,
' or Sermons, or any part of them, neither do any thing that may
' difturb the Service of the Church, or diminilh the Honour due to
' fo holy a place.
IL
' That no Man prefume to profane the Church by the carriage of
' Burthens or Baskets, or any Portage whatfoever.
III.
' That all Parents and Mafters of Families do ftridly forbid their
' Children and Servants to play at any time in the Church, or any
' way mifdemcan themlelves in that place, in time of Divine Service, or
' otherwiie : And if any Children or Servants (hall be found fo doing,
' bcfidcs the punifnment of the Delinquents, their Parents and Ma-
' ftcrs foall be fubjed: to fijch Cenfures and Puniftiments, as is thought
' fit to be infiidcd.
' Tiielc Orders by command of his Majefty are now publiftied, to the
' intent that no Man m.ay hereafter pretend Ignorance for his excufe in
'any of them.
At this time certain Houfcs and Shops adjoining to St. Paul's were
thought fit to be dcmolifhed, for the more commodious Repairing,
and better Ornament of that Cathedral 5 Whereupon choice was made
N 2 ofi
J Car oil.
Orders ngainft
walking in St.
Paul'-,.
Routes obout
Sc. I'atil's. to
bedemolillicd.
92
Hisioncat Collections.
Concerning
St. Gi-egortes
Church
St. Pad's.
by
of a certain number of the Commiffioncrs to Treat and Compound
with all perfons interefted in fuch Buildings, having a more efpecial
regard to Widows , Orphans, and the poorer fort. And it was or-
dered, That if the Owners conformed thcmfelves^by demolifhing their
Houfes, by a limited time, they fliould receive (uch fatisfaftion, ac-
cording to their feveral Interefts, as their Lordftiips (hould think rea-
fonable , Otherwife, the Sheriff o£ London was required to fee the fame
performed ^ it being not thought fit, that the Obfl:inacy of thofe
Perfons Qiould hinder fo conhderable a Work. Hereupon Corapo-
fitions were made with the Owners, for certain fumms of Mony, to be
paid out of the Monies defign'd toward the repairing this Cathedral^
together with the Materials of the demolilhed Houfes. And the Bi-
(hopof Low^tf», the Dean and Chapter of St. Tanl's., and the Warden
of the Petty-Canons were appointed to accept the Surrender oFthe
Leads fo compounded for, and to deliver them to the Clerk of the
Privy-Council, to be put into the Coundl-Ckji^ there to remain in iafe
keeping.
And becaufe the Surveiors brought in, That the greatefi: part of
the Houfes in the Parifhes of St. Faith's and St. Gregories, are with-
in the Wall of St. T^^w/'s Church-yard, and confequently built, as was
alledged, to the Nuifance and Detriment of the Church,and might in
reafon and juftice be ordered to be puH'd down, as well as the other
Houfes that abutted upon the Church Wall j Their Lordfhips order-
ed that the Sub-Committees fhould call before them fuch Owners and
Inhabitants as have their Houfes within thofe Parifties, and deal wish
them efFeftually for fome Annual Contribution, or fum of Money,
v/hereby Houfes and Rents might be fetled to the ufe of the Tarfoa
of St, Gregories, and of the Almoner and Chorifiers^ to make fome rc-
compence for the Lofs which would fall upon them by the taking
down of their dwelUng Houfes, and fome other Tenements belonging
to their Maintenance.
And whereas the Deaw^ and the Petty Canons of St. Fatd's have a
Quarter built on the North-fide of the Church, in manner of a Col-
lege, for their Habitation 5 whichif wholly employ 'd to the ufe of the
Church, was conceiv'd convenient enough, both for them and the
Parfon of St. Grcgories, and the Majicr and Chorifiers : Their Lord-
fhips ordered, that the Sub- Committees (hould fend for the Dean and
Petty Canons^ and upon their Examination and View of the Place, dif-
cover and certifie the Board what Tenants do inhabit, and what In-
mates are lodged there.
The Parifhioners of St. Gregoric's having begun to make a Vault for
the Burial of the Dead, from the South-fide of St. Paul's towards the
ftreet, near the Lollards Tcwer, fifty foot in length , and fourteeen in
breadth, it being found that in digging they bared three fettings off
from the Southfide of the Cathedral 5 and upon the Eafl, and South-
fide of the Lollards-JoTver^ five foot deep, from the firfl fetting off
above ground , The Lords of the Council ordered, left the Foun-
dation of this great Building fhould be under-wrought, that the Vault
Ihould be fhortned, fo as neither the Grifes be bared, nor the Walls
of the Church,or Tower touched|,and that a feparation-Wall be made,
and the place within be thorowly fill'd up with Earth.
Afterwards the Wall of St. Gregork's Church was ordered by the
Lords of the Privy Council to be pull'd down, as an impediment to
the
tiijlqrical Collections.
93
the Work, and unfeemly to the view of the Cathedral 5 and the ra-
ther, becaufe it was within another Church-yard already confecrated
for Burial.
At laft St. Gregorys Church it felf," being found a great impediment
to the Work in hand, feveral ftrid Orders were made to the Parifhio-
ners to take it down, and remove it to fome other place. The Pa-
rifhioners alleadging inability to undergo the Charge, petition'd the
Lords of the Council, that they might be freed from that Injunftion ;
but their Lordfliips finding no cauie to vary, did ratify the former
Orders. And as touching the difficulty of finding out and procuring
a fit place for the erefting of a New Church within that Parifti 5 and
the pretended difability to undergo the Charge of Building it, they
leave it to the Parifliioners Eleftion, Whether they will build the
fame, or be affign'd to any one or more Pari(hes, in fuch manner as
the Lord Bi(hop of London fhall think fit and direft, and fo remain
till a New Church be erefted.
After this they of St.Gregorys^ being in number above 3000 Souls,
were alligned to the Weft end of Chfiji-Church 5 but thofe of Ckriji-
Church refufing to admit them without Compofition, or hard Condi-
tions, it was ordered by the Privy-Council, that they (hould freely
ailemble there without any farther burthen.
UPon the 2 5f/j of April began the Arraignment and Condem-
nation of Mervin Lord Jiidley, Earl of Cajilc-Haven in Ire-
land-^ who being accufed of (everal Crimes and Enormities, now
brought to light, the King thought it meet that he fhould have a
publick and fair Trial. And in order thereunto, the Lord Keeper
wrote to fome of the Judges to haften to Town, after their Circuits
were over, to be prefent at his Trial, which was to be in Wejimnjier-
Hall before the beginning of Eajier Term^ to Se affifting to the Lord
High Steward.
The Judges that roere required to he prefent tpere theje.
Sir Nicholas Hyde, Lord Chief Juftice of the King's Trench.
Sir Thomas Richardfin^Ld Ch\ef ]uii\ceo£ the Comvf on Pleas.
Sir Humphry Davenport,Lord Chief Baron of the Exchequer.
Baron Denham.
Judg Jones.
Judg Hutton.
Judg Whitlocki
Judg Cook.
In this Cafe there were three Indictments found at Salisbury^ the
Wednefday preceding Sajier^ before the Lord Chief Juftice Hide^ the
Lord Chief Juftice Richardfon^ and Baron Denham^ Juftices of AfTife
for that Circuit, and fpecial CommifTioners in this Cafe. The one
Indiftment was for a Rape upon his own Wife, for holding her by
force, whilft one of his Minions, forcibly and againft her Will, had
Carnal knowledg of her •-, fo that he was Indifted as pr^fens, auxili-
ans^ confortans^ and therefore a Principal. The other two Indiftments
were for buggery with a Man.
On Friday morning before the Trial, the Judges being fent for,
all
7 Garoli.
The Trial of
Mer-oin Lord
Audlej,
94
HifoYtcal Collections,
Aft. 1651.1
J.'Jges met at
about the Eatl
of Caftle-
H.t'von.
* Said to be
QuclBons
propounded to
theJudgeS)and
anfwered.
all but Denham ( being met .it Scrjeants-htti Hail in Flectjinct) thefe
Queftions were propofed vuito them by Sir Robert Hccith the King's
Attorney General ^ A me.Tiorial of which, a learned * Judg, one of
the eight before mentioned, fet down in writing to the etfeft fol-
lowing.
1. Whether a 'Veer of the T^alm may reave his Trial by 'Vecrs^ and
plead he will be tried by God an 4 the Cotmiry ."?
Afffiper. He may not. For his Trial by Peers is no Priviledg, but the
Law,declared by Mugna Charta ^ and if he will not plead to Trial by
his Peers, it is a ftanding Mute.
2. Whether a 'Veer may challenge his 'Veers, as ifzi the cafe of common
Jurors ?
Anfco. He may not, (which I think is fb, (aid that Judg) becaufe
they 9.0 riot on their Oath, but on their Honour, and a Challenge is
tried vvhctiier he ftand indifferent as unfworn.
5. Whether a. 'Veer may have Connfel any more than a common "Ver-
fon?
Anfve. If Matter of Law appear, he may, not for Matter of Fad.
Certain Examinations being taken by the Lords without Oath ; It
was refolved,
Thefe could not be ufed until they were repeated upon Oath, un-
le(s of the Party to be tried, which may be read without an Oath.
4. Whether the Wife in this Cafe may be a Witnefs againji her Husband
for the Rape ?
Avfve. She may, for (he is the Party wrong'd •-, otherwife fhe may
be abufed. In like manner a Villain may be a Witnefs againft his
Lord in (uch Cafes.
5. Whether the Witnejfes are to be produced viva voce, if fhe Lord
Steward recjuire it, or the Prifoner .<?
AfTjh. If he ftand Mute in the Cafe of T^ape or IBuggery, he may'
have his Clergy in either.
6. Then if he may not be put to Trial on the other Indi&ment, may not
he be for a later Buggery, and be denied his Clergie .<?
Anjvp. On that he may, by iS. Eliz. i.
7. Whether in cafe one Jiandeth Mute, Evidence may be opened by com-
mand of the Court concerning the Faif, though the Delitiquent be to be
prejjed to death for his contempt .<? But it is a matter in the difcretion of
the Court.
8. Whether in Cafes where Clergie is allowable, the party may pray it
before he anfiver, and deny to anfvpcr, otherrvife ^ for this is a Confef^
(ion.
9. whether in Rape there muji be Penetratio }
The Anfwer was in the Affirmative.
10. He having made fuit to be bailed, whether it might be granted .<?
Anjiv. Let the King, as King, advife of it. The Judges certified
the Lord Keeper that he could not in juf^ice require it ^ yet he might
be bailed ex gratia, which was not fit in this odious Cafe.
At a fecond AfTembly of the faid Judges in Serjeants-Inn, other
things were confidered of as to this Matter.
A difference was made between a T^uggerie and a T(ape, in point of
having Clergy , if he flood Mute: for it was argued he might have
his
Hijiorical (Collections.
95
his Clergy if he flood Mute in T(ape^ but not in T^uggene^ becaufeby
the Stat. 2 5. H 8. T)nggerk is made Felony^ which by the Common
Law is not. And in the very creation of the OfFencc,Clergy is taken
away ; whereas Clergy did lie for a Rape, until it was taken away by
a Statute.
. It was concluded that the Lords might Eat and Drink before they
were agreed, but they could not {eparate nor adjourn the giving up
of their Verdift. This appeared out of the Report of the Lord Dd-
crcs of QregUoclis Cafe, who was tried for Trealbn, and acquitted by
his Peers, 26. H. 8.
It was agreed by the Juftices in that Cafe of the Lord Ducres^ that
a Verdift cannot be given by aleffer number of the Lords than twelve^
and if twelve be for the King, and thirteen for the Prifoner, the Pri-
fbner fhall be acquitted.
In an Appeal, if the Defendent be Mute, he fhall be hanged, and
it is an Attainder, it being not within the Statute of Wejimhijier^
Cap,i2. De fuine fort di^ dure. No more is Treafbn. vide Stamf.
It was agreed alfo, That a Lord of the Parliament is within the
Statute of Wcjlmifiji. 1, in cafe of Felony^ and fhall be prefled to
death.
It was agreed. If the Lord Andlcy fhould have his Clergy upon his
being Mute, yet he might be tried upon the other Indiftments of
T{ape and ''Bitggerk^ and fhould not have his Clergy, by the Statute
18. FU%. becaufe the admitting him to his Clergy, would be a Sitperfe-
deoi to all Indiftments of Offences within Clergy, not of thofe with-
out by that Statute. For by the Common Law, he that is admitted to
his Clergy, is difcharged from anfwering any other Offence 5 for by
indiftmcnt of that Law, he is taken from the Power of the Secular
Judg, and put into the hands of the Ordinary, whofe Prifoner he is
all his Life after.
It was refblved from the Lord Dacre's Cafe, That the Lord Steward.,
after Verdift given, might take time to advife upon it for any point
in Law •-, and that his Office did continue unto him until his Judgment
and Refblution, and it was but a Commiflion hac vice notwithflanding.
The Names of the Teers at the Trial of the Lord Audley.
2.
Richard Lord Wejlon^ Trea-
furer.
Hemy Earl Manchejler^nxj
Seal.
3. Thomas '^.2x1 o^ Arundel and
>S'//nT^,Marfhal.
4. Philip Earl of Pembroke and
Montgomery.^ Chamberlain to
the King.
5. Henry Earl of Kent.
6. Edward Earl of Worcejler.
7. Francis Earl of Bedford.
8. Robert Earl of Ejfex.
9. Edward Earl of Dorjet.
10. William Earl of Salisbury.
1 1. Robert Earl of Leicejier.
12. Robert Earl of Warwick.
13. James Earl of Carlijk.
14. Henry Earl o£ Hol/and.
1 5. Thomas Earl of Berkfiire.
1 6. Henry Earl of Danby.
17. Edm. Vicount Wymblcton.
1 8. Edward Vicount Conway.
1 9. Dudley Vicount Dorchejler.
20. Thomas Vicount Wentworth.
2 1. Henry Lord Clifford.
22. Alger n4)n Lord Piercy.
2 g. James Lord Strange.
24. Dudley Lord North.
25. William Lord Peter.
0.6. Edward Lord Howard.
27. GeorgeLordGoring.
Tk
7 droli.
96
HiHorkal Collections,
Ihe manner of the Trial.
There was prepared in Wejlmivjler-Hall a long Gallery ad'ending
with twelve fteps, beginning direftly over againft the Common-Pleas
Bar •■) extending in length to the top of the Kmgs-TicMch ftairs. At
the higher end of the Gallery there was a long fair Table,with Benches
on each fide,fot the Peers to fit on 5 and at the upper end thereof there
was a Cloth of State for the Lord High Steward j alfo at the lower end
another fliort Table for the Lords and Judges to fit at. And there
was alfo a place provided for the King's Learned Counfel, and Officers
of the Court •■, and below that, the Bar for the Prifoner : Scaffolds
being alfo erefted on each fide of the Hall for People to ftand and
hear the Trial.
On the day appointed the Peers came into the Hall, and took their
places according to their Degrees; The Judges hkewile came, and
tooktheir places in order : After them the King's Learned Counfel,
ahd the Officers of the Court.
Thomas Lord Covefttrj, Lord Keeper of the Great Seal ; being by
Commiffion under the faid Great Seal, dated the i^th of April 163 1,
conftituted Lord High Steward for the time being, about nine of the
Clock in the morning entred into the Hall uncovered, with feven Ser-
jeants at Arms carrying feven Maces before him, and attended upon
by Sir Johtt Burroughs King at Arms, and Mr. James Maxtpel Uftier of
the Black Rod.
The Lord Steward^ after he had (aluted the Lords the Peers, who
refaluted him, alcended the State i and being feated in the Chair, was
prefented with his Majefty's Commiffion by Sir Robert Rich, one of
the Mafters of the Chancery^ which was openly read by Sir Thomas
Fa»jl)avp Clerk of the Crown. Then Mr. Maxwell kneeling down,
prefented his Lordfhip with a White Staff, or Rod, which he gave
to one of the Serjeants at Arms, who held up the fame by the Chair
of State, on the right hand thereof.
Then the Lord Steward gave leave to all the Peers, and to all the
l<ords, and Judges, and Privy-Counfellors there prefent, to put on
their Hats and be covered 5 and command was given, that none under
thofe Degrees (hould be covered upon pain of iraprifonment.
Then the Peers were feverally called by their Names, and each of
them anfwered particularly.
The Kings Counjel there prejenty were.
Sir Robert Heath, Attorny General.
Sir Richard Shelton, Solicitor General.
Sir John Finch, Queen's Attorny GeneraJ.
Sir Thomas Cero, the King's Serjeant at Law.
TheOfficersofthe^ourtyWere,
Sir Thomas Fanjliaw, Clerk of the Crown.
And Mr. Keeling, his Affiftant.
Then
Hiftorical Qolkctiom.
97
Then the Lord Steroard cammanded the Indiftments to be certified 7 Caroli.
and brought in ; This being done, the Lieutenant of the Tower was U^^^V'^O
called by a Serjeant at Arms, and commanded to bring forth the Pri-
foner ^ who accordingly being brought to the Bar, attended by divers
of the Guard, he made obeyfancc to the Lord Steward, and the Peers^
by whom he was refiluted. Then the Lord Hjgh Sieward direfted
his Speech unto him, which was as followeth.
siMy Lord Audley,
' 'npHe King hath underftood, both by Report, and the Verdidl: of
' A divers Gentlemen of Qiiality in your own Country, That you
' fland impeached of fundry Crimes of a moft high and hainous na-
' ture. And to try whether they be true or not, and that Jufticc
' may be done accordingly. His Majefty brings you this day tO|V'our
' Trial. Doing herein, as the Mighty King of Kings, in the i^th of
' Gcfjejis, verf Qo, 2 1, who went down to (be whether their Sins were
' lb grievous as the cry of them ^ '^Becanfe the cry of Sodom and Go-
'morrah k great, attd their fws grievow, Ivoillgo down, faith the Lord,
' and fee whether they have done a/together according to the cry of it. And
' the Kings on Earth can have no better Pattern to follow than the
' King of Heaven : And therefore our Sovereign Lord the King,God's
' Vicegerent here on Earth, hath commanded that you fhould be here
' uied this day 5 and to that end he hath caufed thefe your Peers to
' be aflembled : And the defire of his Majefty is,that your Trial (hould
' be as equal as Juftice and Equity it felfrAnd therefore thefe Noblemen,
' your Peers, whofe hearts are as full of Integrity, Juftice and Truth,
' as their Veins full of Noble Blood, are this day to try you 3 where-
' fore if you be innocent fpeak boldly and confidently, and fear not
' to juftify yourfelf: And be allured, that thole that accufc you, if
' you be free your lelf, fliall not elcape free : But if you be guilty of
' thefe Crimes, 1 advife you to give honour to God and the King, and
' confels your Faults •■, for it is not vain Confidence, nor Subtilty, nor
' ftanding out in denial, that hides the Truth, and all Ihifts and lubtil-
' ties againft it are but Concilia adverfus Dominum.
' Therefore if Truth touch you at the Heart, and your Conlci-
' ence, which is your Witnels, and God's Grace which is greater than
* both, ftand not againft it.
To this Speech of the Lord Steward's^ my Lord Dudley thus an-
fwered.
zMtxy it plea/e your Grace ,-
' T Ha\'e bin a clofe Prilbner thele fix Months, without Counfel or
' X Advice ^ I am ignorant of the Law, and but weak of Speech at
' the beft ^ and therefore I defire to have the liberty to have Counfel
' to fpeak for me.
The Lord Steward replied ^ ' That his long Imprilbnment was a
' fpecial favour, for that it gave him time to bethink himfelf, and more
' than ever any Man hvid that had bin committed for fuch Offences ,
' and that he Ihould demand nothing which the Law can allow, but it
' (bould be granted.
O Then
98
Hiflorkal Collections .
^.1631.
The Ld. Stew-
ard's Speech to
the Lordi,
Sir Thomat
Crew opened
the Charge.
* Then his Grace defired to be refolved of the Judges whether the
' Prifbner's demand to haveCounfel to plead for him,might be granted
' or not } the Judges anlwered, that in criminal Caufes Counfel is not
' to be admitted in matter of Faft, but in matter of Law it may.
Then the three Indiftments were read, whereof two were for Sodo-
my with his Footman, and the third for a T{a^c committed upon his
own Wife. Unto all which the Earl anfwerecl, not giiilty 5 and being
asked, how he would be tried, he anfwered by God and his Peers.
Whereupon all the Peers put off their Hats , and the iffoe thereof
was joyned.
The Lord High Steward addreffed his Speech to the Peers,and faid,
' My Lords, the Prifoner ftands indided for a Rape by one Indidt-
'ment,and for Sodomy by two, and h§hath pleaded not guilty to them
'all.
* It is my duty to charge you with the Trial of it, and you are to
' judge of it. The Offences wherewith he ftandeth charged are to be
' proved by Evidence. And becaufe the Crimes that come this day be-
' fore us, may in fbme breed Deteftatron, let your Reaibn fway your '
' Judgments, and let that rule your Affeftions, and your Hearts and
' your Heads 5 for neither of thofe ought to be put into the Ballance,
' if a Grain on either fide may Iway the Scale.
' You are to give attentive Hearing, and then to weigh equally,,
* that the Scale may lean the right way. The Judges will aflift you in
' point of Law, which if you doubt of, you are to propound it tome,
' and I to them, and this your Lordfhips are to do without corpo-
' ral Oath ; For the Law concieveth you of fuch Integrity, that you
' will do that for Juftice, which others do upon their Oaths, and
* therefore admit of no Challenge. And God direft you to do as you
' ought.
Sir Thomas CretP, the King's learned Counfel, opened the Charge
againft the Earl to this effeft ,
' The Perfon is Honorable, the Crimes diflionorable, Co foul as
' Poet never inventedjnor Hijioriographer wrote of: the one is a Crime
■ of fuch rarity (let it be (pokento the Honour of our Nation) that we
' feldom or never knew the likej and the other fuchjthe like hath fcaree
' been heard of
' But they are of fuch a peftilential nature, that if they be not pu-
' niflied, they will draw Vengeance from Heaven upon this King-
' dom. His Majefty would have the Prifoner at the Bar heard
' with as much favour, as Crimes of this nature will admit. And
' when he firft heard thereof, he gave flrift Command that the Truth
'fhould be fearched out, that his Throne and People might be
' cleared from fo heavy and heinous Sins. Thereupon the Prifoner,
'was indifted in his own Country according to the Law, and by
' Gentlemen of worth, the Bill was found :, and now he is perfonally
' brought to this Bar, to be Tried by his Honourable Peers, of whofe
' Wifdom and Sincerity, there can be no queftion but he (hall have a
' juft and honorable Hearing.
' To begin with the Indiftment of Rape ; Bra&on tells us of King
' Athelfians Law before the Conqueft, If the party were of no chajie life,
' hut a Whore,yet there may be a Ravifljment : But it is a good Plea for a
' Man to fay flje is his Concubine.
' In an Indiftment oCRape there is no time of Profecution neceffary :
' for
Hiftorical QoUectiom.
99
' for iiidli'.mtem^ia ccairit Regi, but in cafe of an Appeal of Rape, if a
' Woman do not proiecute in convenient time it will bar her. If a
' Man take away a Maid by force and Ravifti her, and afterwards lh&
' give her confent to Marry him, yet it is a Rape.
'For the Crime of Sodof^ij^ Oar Law had no knowledg of it, till
' the 1 5//j of Hemy the Sth, by which Statute it was made Felony,
' and herein tl^re is no more queftion but only this, whether it be
' CrJDicn SodcmJtiatm (ine 'Tenetratiotre. And the Law I '^th Elizabeth
' fers it down in general ^ and where the Law doth not diftinguifh,
' neither muft we.
' Your Lordfliips will be curious how you give the leaft mitigation
' to (b abommable Sin, which brought fuch Plagues after it, as may be
* leen in the 1 9//' of GeneCis, i c}th ofjtidges, and 1 ft of the Romans.
' It may icem ftrange how a Nobleman of his birth and quality,
' (hould fall into fuch abominable Sins 3 but he had given himfelf over
' to Luft. And v/hen Men once habituate themfelves unto evil, no
' marvel if they fall into any Sin.
' Alfo he was conftant in no Religion, but in the morning would be
' a Pjp/f/ and go to Ma(s^ and in the afternon a Protejlant and hear
' a Sermon. He bcleived not in God, he feared not God, he left
* God, and God left him to his own wicked way, and then what might
' not he run into.
' Things aie found in him beycnd imagination,his intentions were
'bent to have his own Wife naught; if (he love him Ihe muft love
' A. liis Page and he gives this reafon out of Scripture,/;^ was, ??ovp made
'"fidjcci to him 5 and ifjbe did evil at his command, 'tvpos his fault ^ke mnji
' anjivcr fir it.
VHis irregular bounty towards S. is very remarkable ; him he loves
* and lionours above all, not in any honeft but a diftioneft love, he
' calls him his Favourite, and lets him fpend fcveral thouland pounds a
' yearf, and if his Wife or Daughter will have any thing, they muft
' lie with S. and have it from him, laying , that he had rather have a
' Child by him then any other.
The Witnelles were produced, who teftified upon Oath, that ^.
coming to his bedhde, when he was in Bed with his Lady, the Earl
told her, that her Body was now his, and if (he loved him fhe muft
love A. and if fhe lay with another Man with his confent, it was not
her fault but his, and that if it v/ere his will ihe muft obey and do it.
And then he held both the hands of his Lady and one of her legs till
his Servant did lie with her. Immediately thereupon the Lady would
have killed her (elf with a Knife, but was prevented. It was proved
that he uled the body of one of his Men Servants as the body of a
Woman. AKb there were proved againft him, fuch other particulars
as are not fit to be named, nor come to the knowledg of the World,
nor to be heard among Chriftians.
Afterwards the Counlel for the King fpake to the Lord High Ste-
ward and the Peers to this e(ieft, ' That in fo dark a bufinels, a clearer
* proof could not be had. For let a Man be never fo wicked, or never
* (b impudent, he will not call Witneffes to (ee his wickednefs, yet even
' this point is fully proved. And citing the 18/A ofLevit. they (hewed
' that bythefe Abominations the Land is defiled, and that God vpil/vifit the
' Land for this Iniquity, and fo concluded. That God may take away
' his Plagues, let this wicked Man be taken away from among us.
O 2 ^ Then
7 Caroli.
WitneHes prcn
duced.
The King's
Counfel con-
cludes.
lOO
HiHorical Collections,
High Steward.
The Prifonci 's
Objections,
Thejudges
Anfw'er.
Lord High-
Steward.
The Prifoner,
' Then the Lord High-Steward direfted his Speech to xht Earl, and
' told him he (hotrfd be heard in his Defence, with as much patience
■ as was admitted in his Charge, and advifed him to fpeak pcrtinent-
' The Prifoner alledging that he was a weak Man, of a bad memory,
and defired he might not be interrupted, began his Defence, with
Exceptions againft his Wife, That (he was by her own Teftimony
diftioneft with Broadtvay. The Lord H7gh-SteT&>ard anfwered, that
■ this made againft him, he ought not to alledge that Fadl as an Im-
•putationto his Wife, which he forced by violence.
' Then he objected the incompetency of the Witneffes, his Wife and
■ hisServants,that were drawn by his Son's praftice, who fought his life;
' and he defired to knoW if therie Were not a Statute that exprefled the
' incompetency of Witneffeis.
* The Judges relblved that there was none touching Witneffes 5 but
' in cafes of High Treafbn there was a Statute concerning Acculers.
' Then he demanded if his Wife was to be admitted a Witnefs againft
' him. The Judges anfwered, that in Civil Cafes the Wife may not,
' but in Criminal or Capital Cafes of this nature, where the Wife is
' the party greived, and on whom the Crime is committed, (he is ad-
' mitted againft her Husband. It wae further propounded, whether
* it being proved tliat the party Raviftied was of evil fame, or unchaft
' life, it will amount to a Rap } The Judges refolved it a Rape^ though
' committed on a common Strumpet. For it is an inforcing of the
' Will that makes a 1{ape, and a common Whore may be Raviftied
' againft her will, and it is Felony to do it.
' It was alfo propounded whether it was to be judged a Rape, when
* the Woman complained not prefently 5 and whether there be a ne-
' ceffity of acculation within a convenient time, or twenty four hours ?
* The Judges refolved, that in as much as (he was forced againft her
' will, and then (hewed her diflike, (he was not limited to any time
' for her complaint; that in an Indidment there is no limitation of time,
* but in an Appeal there is.
' Laftly, it was propounded, Whether Men of no worth may be ad-
* mitted as (ufficient proof againft a Baro». The Judges refolved, that
' any Man is a fufficient Witnels in cafe of Felony.
* The Lord High-Steward (peaking to the Prifoner faid 5 My Lord,
* you have been gracioufly dealt with in this Proceeding ; for it is not
' an ufual favour in fo capital and heinous Caufes to bring the Parties
' and Witneffes face to face before Trial ; but you have heard their
' Examinations long before, que(tioned and oppofed them to their
' Faces, and are thereby better enabled to make your Defence. And
' his Majefty is ftill gracioufly pleafed to continue his Goodnefs to-
' wards you, and hath commanded that you (hould be heard at full.
' If therefore you have any thing elfe to fay for your (elf, (peak it.
' Whereunto he anfwered, and firft made a folemn Proteftation of
' hislnnocency : But neverthelefs implored the Mercy of God and his
' Peers, and prefented to their confideration three Woes.
' Firft, Wo to the Man whofe Wife ftiall be a Witnefs againft
' him.
' Secondly, Wo to the Man whofe Son ftiall profecuteand con(pire
* his Father's death.
Thirdly, Wo to the Man whofe Servants ftiall be allowed to be
Witneflfes to take away his life.
And
Hiflorical Collections,
lOI
'And he willed die Lnrdsto confider, that,i,t rr^ight be their own
' Ca(es, orthe Cafe of any Gentleman, or Man of worth) that kept
' a Footman, or whofe Wife was weary of him, or whole Son being
' attained to Age, had a mind to draw his Servants into a Cunfpi-
' racy. . v . . ," - .
' That his Son was now 2i years of Age, himlelf being old anddc-
' cayed, that his Son would have his Lands, and his Wife a young
' Husband. And that by their Teftlinony, and the Teftimony of his
' Servants added to theirs, they had confpired his Death.
After this the Prifoner, being fb required, withdrew himlelf from
the Bar.
The Lord High Stetvard ^^dikc to the Veerst, 'That they having
' heard the Proofs, the Prilbner's Defence, the Doubts and Queftions
' refolvcd, might withdraw, if they were fatisfied.
The Peers w ithdrcw, and after an hours debate, with levcr^l Ad-
vices and Conferences with the Lord Chief Jujiice^ whom they con-
lulted four times ; having alio in that time lent the Earl of Wanvicliy
and the Lord of Dorchejier^ together with the Lord Chief Jujiice, to
conlult with the Lord Uigh Steward, they returned to their places. :
Then the Lord Steward asked them one by one, beginning at the
loweft, and fo alcending, Whether the Lord Audley were guilty of
the Rape whereof be ftood indifted > and they all gave him in Guilty,
the Lord North only excepted. Then whether he were guilty of the
Sodomy .<? and in this fifteen of the Lords condemned him, and the
other eleven freed him.
The Verdift being thus given up, the Prilbner was brought to the
Bar to hear his Sentence, and the Lord High Steward fpoke.
' Forafrauch as thou Mervin Lord Audley haft bin indifted for di-
' vers Felonies, by three (everal Indidtments, one for a Rape, the other
' two for Sodomy, and haft pleaded Not Guilty to them all, and for thy
' Trial haft put thy lelf on God and thy Peers ; which Trial thou
' haft had, and they have found thee guilty, What canft thou lay for
' thy felf why the Sentence of Death Ihould not be pronounced
' againft thee ?
Whereunto the Prilbner made anfwer, That he had no more to
fay, but referred himlelf to God's and the King's Mercy.
Then faid the Lord Stexpard, ' My Heart grieveth for that which
' my Tongue muft utter •-, but this is the only way to cut off wicked-
' nefs, hear therefore thy Sentence.
Thy Sentence is, 'That thou go from hence to the Prilbn from
' whence thou cameft, and from thence to the place of Execution,
' there to be hang'd by the Neck until thou be dead 3 and the Lord
' ha.ve mercy on thy Soul.
And having thus pronounced the Sentence,he continued his Speech,
and fiid 3 ' O! think upon your Offences, which are Co heinous and
' horrible, that a Chriftian Man ought Icarce to name them, and fuch
' as the depraved nature of Man, which of it felf carries him to all
' fin, condemns as unnatural. You have offended, not only againft
c Nature, but beyond the rage of a Man's jealoufie 5 and though you
<. do not fuffer for abufing your own Daughter, and that having Ho-
c nour and Fortune to leave behind you, you would have had the
' fpurious
7 Caroli.
The Peers
wiihdtaw.
They give
their Verdift.
Lord High
StetP'ir/l.
I02
HiftoYtcal Cotlections,
Tfce Trial of
BroadwJj and
I FltZi, P.itricli^
ill the K^Mg's
Bench.
The Judges
Letter to' my
Lord Kjeper.
' fpurious Seed of a Varlet to inherit both, yet thefe are horrid Crimes.
' But, my Lord, it grieves me to fee you (land out againfl: the Truth
' fb apparent. God might have taken you away when you were
' Winded in your (ins, therefore I hope he hath re(erved you as the
' Subjeft of his Mercy. He fends you to (ee this day of (bame, that
' you might return unto him 5 and (eeing he doth thus lovingly draw
' you to his Service, fpend the remainder of your time in tears and
' repentance •-, and this days work, I hope, will be the correftion of
'■ many Crimes and Corruptions.
At laft the Lord Audley dcfcended to a low Petition to the Lords,
'and very humbly be(bught them to mediate to his Majcfty, that he
'might not die, but bebani(hed 5 at leaft, that his Majefty would not
' fuddenly cut him off, but give him time of Repentance.
In Trinity Term in the Month of Ju»e^ Giles Broadway, and Flo-
rence Fitz-Patrick^ were tried in the King's Bench. Broadway was he
that Ravi(hed the Lady Audley, while her Husband held her by force.
Fitz-Patrick^ was he that committed the Sin of IBnggerie with him,
her faid Hulband ^ and both their Depofitions were taken as Evi-
dence againft them. They were found guilty the aS/A of jf//;;r, in
Termini fine, and the Judges of that Court prefently lent thefe Let-
ters under-written to the Lord Keeper to prepare him for the King.
Right Honourable,
MAy it pleafe your Lordfiip to be informed. That this day Giles
Broadway and Florence Fitz-Patrick were tried before m in the
King's Bench, for the fc-veral Offences of Rape and Buggery, cf which
they were Indiffed, and they have received Judgment of Death. But we
forbear the Awarding Execution, upon a Mefjage from your Lordjljip by
Sir Thomas Fanfliaw, of his Majeflys Pkajure for the flay of Executi-
on^ until further dire&ion from his Majejiy : But conceiving there is great
caufe to put the MalefaStors to Execution, We thought it our duty to acquaint
your Lordfjip with the Paffages of the Trial, that his MaJeJiy, by your
Lordpips means, being made acquainted herewith, may fignify his farther
Pleajitre.
Broadway, who was Arraigned for the Rape, very impudently denied
his own Confeffion, taken before the Lords and Peers at the Trial of the
Lord Audley : He pretended he was amazd, and knew not what he Jub-
firihed, and profejjed himfelf Guiltlcfs, with great Exea-ations, to the
little fatisfaSion of thofe that heard htm. He would not be fatisfied, %m-
lefs the Lady were produced face to face, which fie was 3 ivhobyher Oath,
viva voce, fatisfied all the Hearers, both concerning the truth of the Fa&^
and his Impudence.
Fitz-Patrick, who was Arraigned for the Buggery, confeffed his Exa-
mination to be true 5 but like one very ignorant, or rather fencelefs, would
have them true againfi the Lady Audley, but not againfl himjclf which
was impojjible. He pretended he was promijed Jecurity from danger, if
he would teflify againfl the Lord Audley, and fo fought to raife a fufpi-
cion, as if he had bin wrought on to be a Witnefs to bring the Lord Aud-
ley to his end. They were both found Guilty, with full fatisfadlion to all
that were prefent. And we for our parts thought it to fland with the
honour of Common Jujlice, that feeing their Tejiimony had bin taken to
bring
Hijlorkal QoUections.
lO
3
bring a Peer of the Realm to his Death, fir an Offence as much theirs as
his, that they Jliotdd as well fuffer fir it as he did, leji any jealoujic Jlmdd
arife of the truth of the Fali, and the jtt^nefs of the Proceeding. But
upon receipt of your Lordfjip's Meffage, we have Jlayed Execution till his
Majeji/s further Pleafure Jliall be ^own .• To which we Jljall humbly
fubmit our felves, and rejl.
At your Lordfiifs command.
N. Hide.
J. Whitlock.
W, Jones.
G. Croke.
The King being by this means truly informed, fignified his Pleafure,
That they fhould be executed, but have a weeks time for Repentance.
So the Judges appointed Monday, being the /^th of July, for the day
of their Execution, when they were executed accordingly.
jfTslew Order forratjlngof Monyto theIQn£s life.
AT this time an Office was ereded for the Sealing of Playing-
Cards. Mr. William Watkjns was put into that Employment,
and Henry Cogan made Farmer of his Majefty's Duties accruing there-
upon. On June 7, the Mafter and Wardens of the Company of Card-
makers making fome oppofition to it, were (ent for, and required to
bring with them, as well the Charter and Ordinances of their Corpora-
tion, as the Seal by them taken lately from the faid Wat kins, and to
attend the Board with the fame 5 befides it was ordered, that Fryer
and Williams, two of the laid Cardmakers, fhould continue ftill in
the cuftody of the Serjeant till further Order, and till afterwards that
this Bufineft was fully heard and (etled for the Patentees, fo that no
Cards fhould be fold till they were {ealed.
But afterwards a Contract was made between the King on the one
part, and the Mafter, Wardens, and Commonalty of the Myftery
and Makers of Playing Cards of the City of London, on the other
part ; wherein they did covenant,
' That they fliall and will readily, and every Week in and through-
' out the whole Year, well, and Workman-like, make fo many (eve-
'ral Groftof good and Merchantable Playing-Cards, as in a Schedule
' thereunto Annexed. And that they (hall and will, from time to
* time, for ever hereafter, bring in, and deliver unto fuch Perfon and
' Perfons as the King (hall affign or appoint to receive the (ame, the
'faid feveral refpeftive quantities and proportions of Cards in the
'Schedule annexed.
' In confideration of the Premifes, the King doth covenant wiih
' the faid Corporation, that he (hall and will anfwer, and pay unto
' the (aid Corporation for every Grols of the fined fort of Cards, ac-
' counting twelve dozen Pair to the Grofs, 1 8 s. And for every Grofs
' of Matris Cards, accounting eighteen dozen pair to the Grofs, and
' delivered in by them weekly as aforefaid, the like fum of 28 /, and
'fo rateably and proportionably the Paiments to be weekly made by
' the Officers or Agents of his Majefty and Succeffors for the time be-
' ing ; and they are to pay 3 j. 6 </. to his Majefty, to the Officer or
' Sealer of the faid Cards.
The
7 Caroli.
Playing Cards
to be fealed.
I04
HiHoYtcal Collections,
The Kiiig'i
Letter to the
Judges of tlie
l\ingi Bench^
concerning a
New Court of
the M.irftial of
the Hou (hold.
* Mr, Juftice
The Jiidg
Anfwer.
Ati. i6 i. I The like Contraft was made between his Majcfly and the Dice-
'^-^'^'V*'''**-' j makers of the City of London^ Paying their allotted proportion for
every Bale of Dice.
Trin. 7. Car. ©. ^
ylNeuf Qotirt for them which were not of the £\jngs HouJJ^oU.
IT pleafed the King's Majefty to write unto the Judges of the King's
BcKch, Letters in fbme manner expoftulatory, as if they took ex-
ceptions at the ereftion of the New Court of the Marfial of the
Hoitfiold^ to hold Plea de non cxij^entihus de hojpitio Regk ; which
Court was firft erefted by the Grant of King James, 1 5 FeL 22 Jac.
and again renewed with more perfedtion, as was conceived, in No-
7jember, 6 Caroli. And a Writ of Error being brought into the
Kmgs ''Befrch, upon a Judgment given in this Court, the Knight-
Marfhal fearing this new Grant would not be held good in Law, cau-
fed the King to write to the (aid Judges as afbrelaid.
To which Letter, an Anfwer was fent to the King, penned by * me
per Mandatum Curia.
Dread Soveraign,
WE make hold to inform your Majefly, (in anfher to your gracious
Letter unto us of the i\th of June laft) that about two years
jince, we tpere conjulted mth by your Attorny General^ about the -validity
of Letters Patents of the 22 Tear of jour late dear Father, for the Ere-
Qion of a new Court within the Verge, for thofe not of the HouJIjold 5 and
the faid Letters Patents were once read over before us, being ajjembled
privately about that bufinefs, and Copies were appointed to be brought unto
us, to take the better confideration thereof '-^ but no Copies were delivered tm-
to us, neither did we ever hear any more of the Bufinefs.
We find it alfo to be true, that fome againji ivhom Judgments had bin
given in the faid Court, did bring them before us by Writ of Error, but
did not proceed fo far as to Argument or Judgment. And according to
the New Patent ^thence granted, we kftcw not of it until after it was
pajjed, nor were ever acquainted with the penning or pajjlng thereof.
We underjiand alfo that a Writ of Error is brought before us by Either
againji WagftafF, upon a Judgment given in the laji erelfed Court, which
Cauje hath proceeded no further than to the reading of the Record. .And
the Error ajfgned is only this, That neither of the T^arties were of your
Majejiy's Houfiwld. But the day to hear Counfel not being yet come, we
cannot underfiand till we hear them upon what points they will ft and.
And your Majcjiy may be pleafed to be informed, that the Caufe cometh
be fare us by an Ordinary Court of Proceeding, which we cannot flop, tiei-
tkcr did we kpow of the Caufe, nor take notice of it, until the Record was
read in ^ourt. But when it pall be Jpokcn unto, and we know what the
^tejiton will be, we will be exceeding carefid and circumfpcB, according
to our O.iths, that your Mxijefly full not fujfer any prejudice, or diminu-
tion in your Power Royal and^ Prerogative 5 neither do we make doubt
but that your MajeJly hath as full and as great Power, and high Prero-
gative,
/
Hijlorical Qollections.
I 105
gutive^ as any of your Nohle ProgCf^Hors ever had^ and we rvill ever main-
tain it to he fo.
^nd whereas your <^ajefiys Pkafure k to he informed by us of tic Dc-
feSfs in thefuid laji Patent, We have not yet h^urd the Ccunfel of en them^
what they are that they mean tofiand upon. Horvfocver if it be Tour Maje-
jlies Pleajitre that vpejimild by ivay of Confultation tal{e that T^oint into our
confederation. We humbly defire your Alajejiy, That jorafmuch as it is a
matter of Jo great Importance^ that Tour Majesiy rvill be pleafcd for Tour
better fit is fail ion, to give Order that herein we may have the AjfifUme of
Tour Judges of the Common Pleas, and Barons of Tour Exchequer, ^nd
wepaM all endeavour to do your Majejiy true and faithful Service herein.
And fo we recommend your Majejiy by ourTrayers to the T^rote&ion of
the Jtlmighty, and reji,
Teur Majejiies Faithful Servants
and Subjetfs.
In the middle of July the Marquefi of Hamilton having taken his
leave of the King, met with the Forces out of Scotland which were to
joynwith him in Tarmouthl^ad, their appointed place of meeting,
thence he fetSail the igthofjuly, the Fleet confiftingof about forty
Sail •■) The 2 5^^ they came to Eljenore Cajile in the Sound of Denmark.
The Marquefs went on Shore to ki(s the King o^Denmarks hand, who
lay at Frederickrftadt. The 29^/) they let Sail again, coming to an An-
chor the next day by the Ifle of T{ugen. The 3 1 they Sailed into
the Mouth of the Oder, betwixt Wolgaji and the Ifle of tjujclom.
The 2d and ^d of Auguji were the Forces landed , being upon
Mufter above 6000 able Men, among which but very few fick, and
only two died in the Voiage.
The two next days they were all armed and wafted over the Ri-
ver from the Ifle of Vujdome to Wolgali fide, and there billetted in
five Villages or Dorps.
Hereabout they ftayed for the coming of 6000 Sweeds Horfe and
Foot, which that King had promifed (hould joyn with the Marquefs's
Army at their landing, to bring them through the Enemies Quarters
to the King. But the Marquefs being di(appointed of the promifed
Forces to joyn with him, could not march up to the King, whereby
he loft the Honour of being engaged in the Battel of Lipjick, which
happened about a month after his landing on Wolgaji fide, to the great
regret of himfelf and his Army.
On the 17 th of July by order of the Privy-Council, came forth in
print a Book, entitulcd, Injiru&ions for Mujiers and Arms, and the
nje thereof -.^ which in regard of the length thereof, and the Divifions
and Fraftions therein, as to the manner of Muftering, and handhng
of Armsj it is not mentioned in the body of the Hiftory, left it
fhould prove too tedious to the Reader, but it is put into the ^-
pendix.
At this time the Lords of the Privy-Council thought fit to write to
the Lords Lievtenants of each County this quickning Letter,conccr-
ningthe payment of the Mufter-Mafter.
P Whereas
6 Caroli,
Marquefs Ha-
milron takes
leave of the
King.
Arrives in
Afterwards in
Fomeren.
He fails of
6000 Swedes
ro join with
tiim.
Printed In-
ftrU(Si<nis for
Mufteis and
Arm?.
io6
HiBoYical Collections,
A Letter ti viv.
ihe Lords of
the Council
concerning the
MuHerm.iUcr'j
pl.iec, (iirefteJ
to the Lords
Lieutenants.
Trained -bands
to march tothe
Sea-Coaft-
Judges Opi-
nions concer-
ning Rea and
Mitmfey,
WHereas his Majejiy is informed that the entertainments of the
Mnjier-Majiers within the feveral Counties of this Kingdom,
ahho no more then vooi heretofore allorped and ufually collected, are denied
to be paid by fun dry refraBory 'Per fins, veho receive fome encouragement
to oppofcfi neceffiry ajervicefor the common defence of his Royal Perfin
and Dominions, by reafon that the Lords Lieutenants and their Deputies
make difjiuhy (or at leajl dainty J in fettingtheir Hands to thefaid Affefs-
ments jnfily and equally fit, as ufually bath been accuflomed, as VPell in the
Raign of ^cen Elizabeth, as of King James of blejfed memory. Novo
for as much as exercifing of the Trained Bands is by this means difconti-
nucd^vciih imminent danger to the State in general^ which his Majefiyin his
Royal Ojjue ought not tofujfcr : His Majejiy hath therefore commanded us
to (ignifie unto your Lordflups, that it is his exprefi pleafiire, that you caufi
the faid Muficr-Mafiers entertainment to be rated according to the accu-
slcmed manner, by Ajfifsmcnt under your orvn Hands, and your Deputies j
and if any Perfin or Perfin s of vphatfoever qudity, full make refufalto
pay the Rates fo ajfijfed on them, that then you take prefint order they be
bound over, without any favour or forbearance, to iwfxver their contempt be-
fore us. O^w as his Majesty is thus gracioufiy careful that the MuUer-
MaUerfijall receive the Allowance due unto him fir the exercifing of that
Service j fa it is alfo his Atijeiiies pleafure that your Lordfiiips take efiecial
care to fee him diligently perform his Duty according to the importance of
the Jaid Service, &C
Likewife the Lords of the Council thought fit upon Reafons of
State to order the Trained-Bands of (everal Counties to march to the
Sea-Coafts for the defence of the Kingdom ; and feveral Perfons re-
fufing to pay the Mufter-Mafters of the Trained-Bands, were fent for
up by Meflengers to the Council Table, where among others ap-
peared Edward "^uliirod of Chilton in the County of ^itcks Gentle-
man J but was discharged from any further attendance on their Lbrd-
(hips, upon giving his promife under his hand in writting to conform
himfelf hereafter in paying the Mufter-Mafter of that County his due,
according to the Afiefimentof the Depjtty Lieutenent.
The like of Henry Cavon of Crendon in the fame County, who was
difcharged of his attendance in promiling to pay the Mufter-Mafter his
due in like manner as Edward nulsired did. The like for Richard Pau-
ly and others.
J Memorial madehy Mr.Juflice Whitlock in his life-time cmicern-
ing the Lord Rea's Sfcoyery of the Marquefs of Hamikons
Confpiracy.
' T)^c^i^tly after my return from this Circuit, my felf and the reft of
' XT the Judges of the Rings Bench, were (ent for by the Lord-Kee-
' per to London, to advi(e with him about the Affairs of his Majefty.
' We came thither on Monday ^id. .Aug. except the Chief-JuHice, who
' was fick. The matter confulted of, was to give our Opinion con-
' cerning the Conference had in Germany between certain Scotifti
' Gentlemen, about the making the Marquefs of Hamilton the Head
' of a Party againft the King and his Kingdoms of England and Scot-
'■land.
'The
Hiftorkal Qollections.
07
* The Lord T(eu a Scotifh Buro?;, did Impeach Rantfiy and Mcldrum
' for moving him to this Confpiracy ; They denied it pundually, and
' no Witntfs could be produced. Ramfeyy a Souldier, offered to clear
' himfelf by Combat, that he was Innocent --, and the Appellant ac-
' cepted of lii-s Otfcr. The King wasdefirous it (hould be put upon a
' Duel --y and we were confulted with, ift what the Oifencc was } 2dly
' where the Trial might be?
' We all with the Lord Keeper were of the Opinion, i ft. That it
* was an high and horrible Treafon, if that in the Examinations were
' found true, idly^ That the Trial might be by an Appeal of Treafon,
' upon y/hichthe Combat might be joyned : Butthe King muft make
' a CortHMe^ durante knepladto, for the i^urfial could not take the
* Appeal without him : That it muft be after the manner of the Civil
' Law, and we were not to meddle in it. Likewise we were of Opini-
' on that this Proceeding before the Cort^iable and ALirJIjal was, as it
' was before the Statute of the 3 5//* H.8. cap. 2. and that Statute de-
' vi(td a way how to try thefe Foreign Treafons in Etjgland^ but did
' not t.ike away the other. We were alfo of Opinion that the Stat, of
' ift Mur.C'ip.io. did not take it away nor intend it; andthata Con-
' vidion in this Appeal was no corruption of Blood or forfeiture at the
' Common-Law. See Doughtie's Cafe in Cokf^ Comcntaries, fol. 75. Seft.
' 6/aiage.
IN the Month of September this Year Sir Henry Vane Knight, Comp-
troller of his Majefties Houftiold, and one of his Privy-Council,
Embaflador Extraordinary to the King of Dcv/w^r^and Swedo;^ and
to other Princes and States ofiGermany 5 took his leave of his Ma jefty
and embarqued with all his Train in order to his laid Voyage, and ar-
rived at Ghicklf'tdt foituate upon the Elb, in O&ober following, by
whom his Majefty wrote this Letter to the Marquefs.
James,
ACcordittg to my Promije I have dijpatched Henry Vsine^Tvhom I have
commanded to impart unto you both his publick^and private Iniini&i-
ons^fo that it will he a good excufefor my Lajinefi in vpritingjljort itnto you^
and a Tejiimony to you that your abfcence neither makfs me alter nor for-
get you ; for you may beajjttred that my trujl of you is Jo well grounded^
that it lies not in the povper of any body to alter me from beings
7 Caroli.
Hampton Court
Sept. 21. 16 J I.
Tour loving Friend
and Coufin,
C. R.
The Ambaflador was no fooner gone on his Voyage to the King of
Svpeden, but before his arrival in Germany^ that King gave the King of
Great Britain an account of the Vidtory obtained over Tilly at the
Battel at Lipfick. The Letter foUoweth.
GUftavus Adolphus,8cc. Since rce are faiisfied of the conUant Propen-
ftty your Serene <JMaje^y hath for us and the publickGood^ and that
Tphich happened to us fuccesfnlly.attd for tie good of endangered Chriftiani-
ty, that your ^Serene Majeiiy did aljo tear a purt ti.cretn^ roe zcould not \ of the Battel
emit the certifying your Majeify of the memorable VlUory^ which Divine 1 "f ^>p/'<^k:
P 2 Goodnef\
Sir f/en. Vant
fLiit Ambafla-
dor to tie
King^of Den-
r»4rli_ Si. Swe-
rltn.
The King's
Latter to Mar-
quefs Httmtl-
ton.
The King of
StvcJen wrkes
to the King of
Orcir Britain
io8
^7. 1631.
Hisiorical Collections,
Goodmji afforded us. Afier the EleCior of Saxony hud join'd Us Forces
with ours, vpc marched agajtjfl the Enemy with both Armies, and the Ehe-
mies Army under General Tilly, oppofed us Septcnib. 7, having drawn
out al/ his Forces a mile from the Fortrefs at Lipfick. The Battel king
begun, the bu fine j^ was briskly managed on both (ides for the Jpace of^ hours
and upward, till at laji, by the fngtdar bleJfingofOod, the Enemies Army,
by the indefatigable valour of our Men, was put to jiight, and dijfipated,
we purfuing them to the very Walls of the City. The ^nemy left us their
Cannon and Baggage. The General retired into the Bifioprick. of Halber-
ftadt, having received a Wound, they whom we purjued being left to our
Souldiery and Mercy. Many of the Enemy lay dead in the Field vphere the
T^dttel was fought, and among them the Serjeant Major General, and
other Commanders in the .Army. Among fame thou fan ds of Prijdners, the
Duke of Holftein was one, and feme others of the mojl eminent quality.
The praije of which Succeffes is due to Almighty God, and ought dejervcdty
to be attributed tohfsGoodnefs,and we hope,not only the fe much dedr'd wifies
of Jo many thonfand People of rejioring Religion and Liberty, hut aljo the
facility of fetting tip the affiled Lauje of the King of Bohemia, feall now
manifejlly appear. We do not therefore dijirufl but that your Serene Majejly
will profecute this ViClory, not only with Joy aud Affe&ion, but aifo muk^e
ufe offo fair an opportunity, and that it will be your Royal Care to judg of
all things henceforward to be confer/ d upon, and to confult of thofe things
which relate to Chrijiianity and their j'ifety by your Heroick^ Counfels. We
will not any farther trouble you, but commend your Serene Majejiy to the
Divine VroteBion for the happy increafe of all things. Dated at Hall of
the Saxons, the i ph of September, 163 1.
Septemb. 17.
1631.
Your ^Serene <3fajejiys
Good Brother and Allie,
Guftavus Adolphus.
j{ (l{elation ef the 'Battel hy Lipfick, mitten hy Guftavus
Horn, the Lord Marflnl Qenei-al to his Majejly the /^'?jg
of Sweden.
AS (bon as the Ring of Sweden had refblved to give affiftance to
the Duke of Saxony, whole Country the Enemy had already
invaded, upon the ^d of September, he pafl'ed his Army over the Bridg
at Wrttenburgh, and joined himftlf with the Armies of the Dukes of
Saxony and Brandenburg, at Tuben, the 5^/j ditto, where firfi: they de-
liberated and Goniulted in what manner they might beft encounter the
Enemy, and whether it were wifdom to bring it to a Battel prefently,
or by delay of time to break and weaken the Power of the Enemy.
His Majcfty was of opinion not to fet all upon Fortune, much lefs to
put their whole State in danger by the event of an uncertain Battel 5
yet, for all that, the Duke of Saxony infifted ftill for a Battel, laying,
That there was no other means to drive the Enemy out of his Coun-
try, much left was it poffible that both thefe Armies could befurnifhed
of all neceflaries, efpecially becaufe the Enemy had incorporated the
beft part of the Country. And therefore he thought fit in wiidom
to
Hijlorical Collections.
lO
9
to apiproach towards the Enemy towards Lipfick^^ and to encounter 7 Caroli.
him with all their Might. Whereupon the King, with the forcfaid ^-^'V'^v^
Duke, upon the 6th of September^ marched with their Armies within
two miles of Lipftck}, which Town TiUji by Compofition had taken
in, as alio the Caftle ; both which, by reafon of bloody threatning,
lubmitted themfelves to Tilly : Whereupon we followed the yth ditto,
and met the Enemy a mile from Lipjicli. Notwithftanding the Enemy
had both the Wind and higher Ground of us for his advantage,yet for
all that we skirmifhed very luftily with each other in good order,both
with OLirs, as alfo with the Saxon's Army. The King's Army upon
the right hand, and the Saxon's Army imploied upon the left hand.
The King's Army was divided into the Avant-guard of the right Wing,
which the King himlclf commanded, and there flood alfo the moll
and bell: Armed Horfcmen, interlaced with certain Mufquetiers, in the
Rere-guard of the faid Wing, commanded by General Bannkr. In
the Vaunt-guard of the Battel, flood four Squadrons of Pikes and
Mufquetiers, who were commanded by thefe Chiefs, Mounlieur Dtti-
vell, Aiko^ Qxenjiertj, ErentruJter, Hardt, and Wwckls. In the Rere-
guard of thefe Battails there flood three other Squadrons, the Count
of Thnrn, Hebron, and. Vitjdum ^ and after thefe, two Regiments of
Horfe upon the left Wing, by whom his Majefty appointed Gufiavm
Horn. The reft of the Horfe were divided into the right Wing,
theVaunt-gaurd and the Rere-guard mingled with Mufquetiers. In this
order was the whole Army fet, fo that we got half-wind of the Ene-
my ^ yet they kept the advantage flill of the higher Ground, where he
had planted his Artillery. We marching thus in their fight, through a
foul Paflage, the Enemy did fbme harm with his great Pieces on our
Troops, chiefly among thofe that were with Gufiavu^ Horn upon his
left hand. And hereupon with his left Wing (where the greateft
ftrength of his Horfe was ) fell upon our left Wing. But whilft they
were thus bufied to gain Ground more and more of us, and to get
the Wind, as they thought ; the Horfe and the Foot Regiments of
the Duke of Holjlein retreated from the 'battalia , and the right
Wing perceiving that the commanded Mufquetiers of our right Wing
^ were mingled among the Horfe, and had hard entertainment of the
Enemy, they drew more to their left hand ; and fb the Enemy charged
more upon the Referve of our right Wing, than upon the Vaunt-
Guard, which his Majefty caufed very feafbnably to be feconded with
fome Troops, in fuch manner, that the Enemies left Wing with little
ado was broken and put to flight. The Enemies Battel, confifting of
all his Foot, being divided into four great SpaniJ}) Battalions of fixteen
Regiments, upon this marched from the Hill, together with their
Horfe : But in regard they were fo annoyed with our Artillery which
were placed upon our left Wing, they fo turned their Order, that
moft of them fell upon the Duke of Saxon's Array to their difiidvan-
tage i but all their Horfe fell upon our left Wing, who were foon di-
fperfed and put to flight. And contrarily the Footmen of the Duke
of Saxony almoft fled the Field •■, yet whilft the Enemy purfued the
Saxons, our left Wing charged into their Flank, and upon the two
Troops of Referves -, and in this pofture we fought long, and loft
many of our Horfe. Yet, finally, after Gi/Jiavus Home had foundly
charged the Enemies Bnttail with that Regiment o£ Gotkland-Hovic
which his Majefty fent him for an affiftance and fuccour,together with
the)
no \
M. 1629.1
Hijlorical Collection,
the commanded Mufquetiers which had bin placed in the left Wing
by the King, fo that they began to grow very thin, and were dimi-
niihed, their Battel prefently broke, and they were all put to flight ex-
cepting four Regiments ^ Vv'ho by reafon of the Smoke and Duft,\vere
fo (hadowed from our fight, that they faved themfelves,.
After this Defeat his Majefty marched to Hall, and took in the
Town and Caftle 5 then marched forward, and took in Pofewald and
^erfurt. The Duke of Saxony marched towards Bohemia. His Ma-
jefty took in ^jun, Gota^ Hamlburgh, MulhoMJen^ and Werhurgh.
The 20th of O^ober his Majefty came to Franh^n^ took Careljiadt^
with the Bifliopricks of Wittsburgh and Bambttrgh. The Landtgrave of
Hefefz took Fttlda, Fach, and Fritzlaer ^ He came into Wejiphalia, and
took Paterbortf, with fome other Places 5 T^ojiock^ rend red upon Com-
pofition to the Duke of Mecklenburgh. The King's Forces took in
Dnnckenffil^ Nortlingen^ Rotenbvrgh. Magdenburgh was ftrongly be-
fieged. His Majefty took in Hanaro, Franckfird, and HcugU. The
Saxons took in Glockptv, and defeated the Emperor's Men by Croften.
The Count of Thum took in Prague, The King's Men beat the Em-
peror's Men by Warheint 5 defeated alfo the Souldiers of the League
by Stoynfurt, and alfo by Elkboghen. His Ma)efty pafled the River of
Rhine, and took in Mentz, Worms^ Oppenheim, and almoft all the
Towns of the Lorver Palatinate.
Mr. Ford,
Thorn > and
Hodgtt, appeal
to the P:o-
aov!. ; being
quclHoned for
preaching a-
gainft the
King's Inftti'-
ftions,^«f.23.
Caufe heard
before the
King.
Mr. Tkomof Ford of Magdalen-Hall, Mr. Giles Thome of ''Balial
College, and Mr. Giles Hodges of Exeter College, in their Sermons at
St. Maries, ufcd Expreffions againft the Arminians, under the Title of
Telagians, and Demi-Pelagians, for which they were Convented be-
fore the Vice-Chancellor, Dr. Smith, and others, as Offenders againfl
the Ring's Inflruftions. They appealed from the Vice-Chancellor to
i the Proctors, who received their Appeals. Hereupon the Bifhop of
' London complains to the King of this Matter 5 and the King appointed
to hear the Bufinefs at Woodflock^, on the I'^d day of AhguU. Con-
cerning w hich Perfons and Proceedings before the King, the Bifhop of
London makes this Memoir, viz.
The Biiliop of
Lond".i\'i Mi-
mctr, /lUg. 1 J.
In June and July were the great Diforders in Oxford, by appealing
from Dr. <S»«7^, then Vice-Chancellor. The chief Ringleaders were
the faid Mr. Ford and Mr. Thorn. And the Proftors, Mr. Bruch and
I Mr. Doughty received their Appeals, as if it had not bin perturbatio
Pacis. The Vice-Chancellor v/as forced in a flatutable way, to appeal
to the King, who with all the Lords of his Council then prefent, heard
the Caufe at WoodUockj, ^uguU 23. 163 1. being Tuefday in the After-
noon.
The Sentence upon the hearing was ; That Ford, Thorn, and
Hodges, fhould be banifhed the Univerfity ; and both the Prodors
were commanded to come into the Convocation-Houfc, and there
refign their Office, that two others might be named out of the fame
Colleges. Dr. Prideaux, Redtor of Exeter College, and Dr. Wilkin-
fon. Principal o( Magdalen Hall, received a fharp Admonition for
their mifbehaviour in this Bufinefs.
The Crimes of thefe young Divines are more particularly fet down
inthe Univerfity-Regifter.
I. Mr,
Hijlorical Collections.
I III
I.Mr. Hodges -was ordered to make a publick Recantation-Ser-
mon in St. Ahrjes Church in Oxford, before the Z)mver(itj, confcf-
(ing his great Offences in Preaching contrary to his Majefties Decla-
ration.
2. That he (hould make a Submiflion and Recantation, penned to
his hand in the Convocation-Houfe, before the whole Aflembly of the
Dodors, Proftors, Regent and Non-Rjegent Mafters, on his bended
Knees.
In which Recantation he did acknowledge, ' That he fell upon the
* delivery of thofe Points, which by his Majefty's Royal Injundion
* were forbidden him to meddle with at all ; and particularly did ac-
' knowledge that he let fall (bme paflages, which might be taken to the
' difparagementof the Government of the Church, in making errone-
' ous and Heretical Opinions the way to perferment j craving the Par-
' don of the Univerfity in the general,and more efpecially of the moft
' Honorable Chancellor of that Univerfity.
Mr. Ford refufed to make any Addreft to be reftored to the Uni-
verfity : and it being intended by fome to choole him a Lefturer in
the Town of Tlimoath, they were required not to choofe him upon
pain of his Majefties difplealure.
At this time it was a great Eye-(bre, that the Goldfmhhs-Rovp in
Cheapfide^ which hath ever been a great Ornament to the City, (hould
grow to be intermixed in a broken faftiion with Shops of meaner
Trades, which did difparage the City : whereupon the King declar d
his pleafure, that that Deformity (hould be taken away, and it being
debated at the Council-Table, the Recorder and fome Aldermen pre-
(ent, it was refer d to the two Lord Chief Juftices, and other Judges,
to confider what Laws or Statutes there are to enforce Goldfmiths to
plant themlelves for the u(e of their Trade in Cheapjide and Lombard-
Jireet : but after (eVeral Debates before the King ancl Council, it was
ordered, that the Company of Goldfmiths (hould take order that
within a (hort time limited, Goldfmiths-Rovp in Cheap fide and Lombard-
Jlreet (hould be fupplied with Goldjmths ^ and that thole who keep
Shops (cateringly in other parts of the City,{hould have Shops pro-
cured for them in Cheapjide, or Lombard-Jireet, upon penalty, that
tho(e of the AfSftants and Livery, that did not take care herein,
(hould lofe their places. And it was further ordered, for the time to
come, that all (uch who (hould ferve their Apprentice(hips to Gold-
fmiths, and thereupon were made Free, (hould enter into Bond, not
to keep a Goldfmiths Shop in any other part of the City, than in
Cheapjide, or Lombard-ilreet, and that the Lord Major (hould take
care, that Shops be provided for them at moderate and indifferent
rates.
Mr. Juftice ^;V/<?c;^thought fit, with his own hand to (et down
in Writing this Memorial concerning Sir Nicholas Hide.
'■ Thzt^w Nicholas Hide, Knight, Chief Juftice of the Kings Bench,
' died at his Houfe in HampJIiire, fince the laft Trinity Term, to wit,
'upon Friday the 76th o£ Auguji, 16:^1. How he was made Chief-
' Juftice, and when, vide lib. Ji.f. 119. Hill. 2 Jac. He lived in the
' place with great Integrity and Uprightnefs, and with great WiOom
* and Temper,confidering the ticklifhnefs of the times. He would never
' undertake
7 Caroli.
Goldfmiths in
Cheafjidt,
Judg U'A/>-
Jof^'s Charac-
ter of Sir Ni-
choltu Hide.
II
Hijlorical Collectiom.
A". 165 1.
' undertake to the King, nor adventure to give him a refolute Anfw er
' in any weighty Bufineft, when the Queftion was of the Law, but he
' would pray that he might Confer with his Brethren. And the King
' ever gave way to it. He dyed of a hot Feaver, but made incura-
' ble by reafon that an Impoftume brake in his Head in the time of
' his licknefs. He was a fpare lean Man of Body, and of an excellent
' temperate Diet, and promifed long life by his Temperatners,to thofe
' that converfed with him 3 he was 59 Years of age in Miy laft.
In order to a Commiffion under the Great Seal, dated the 24//; of
November, there began a notable Trial, before Rohert Earl of Lindfey,
Gonftable of E»gla»d ^ and Thomas Earl of Arundel and Surry, Earl
Marfiial of England, in the Court of Chivalry, judicially fitting in the
Painted-Chamber at Wefiminjier 3 together with other Honourable
Perfons, namely Philip Earl di'Vembrool^znd Montgomery, Lord Ckavt-
lain of the King's Houfhold j Edward Earl of Dvrfet, Lord Chamber'
luin of the Queens Houfhold :, James Earl of Carlijle, Edmund Earl of
I^htlgrave Z) WjlHam Earl of Morton -^ Wi^iam Earl o£ Stratherne :, Ed-
rvardV'iconntWrmlflcton'j Thomas Viconnt Wentworth j Henry Viconnt
FaMll4and-^ and S\T Henry Martin , Judgofthe High Court of ^^/w/-
ralty, all of Counfel with the Court ; Gilbert Dethic\ being Pegijier.
And firft William Seager, King of Arms, preiented to the Lord Con-
Jiable of England Letters T^atents of the tenor following.
CAROLUS JDcf (©?atia Angliie, Scotia, Francia?, f Hibernise,
Eer, iFiUct Dcfenfo?* ^u p?cliilcrto f par^qitain fiiKli Confan-
ffuinco $ Conftlinno noflro Roberto Comit* Lindfey fummo Canic^
tario Angiis fatuteiit* Cum offtcium Conftabular* Angiis ijiicanis
Cjcifiat, ac Donaldus Mackay Domimi0 Rca Bimcupatus fit Eegna
ttofito Scotix C)!umtiu0,quettDam Davidem P.amfey aritiigrr* Jit eo-
DrmEcfftto noffraommtjlie quibiissnam Conteiiiptiis $ p-cmttonibug
contra im in pattt6u0 tranfmarini^ actis $ perpctrati^, in Curia
guitar i appciJare intcirtiit, Ct nobis €)upplical)tt fibt fultitiam, at=
pfc appeliationc p?cuicta erijtbcrt* Bos in i)ac parte fieri iiolentcis,
qiiou iuaunt eft ac Ue fitJcIitate $ pro^itia cirntnifpcttionr teftra pic-
niujj ccnfi5intf0 nobiss concefsittius ©fficuim Conffabular, Angiis
{Ipx 'aia) an appellationem p/etHctam Donaldi in 6ac parte una aim
piemiecta $ per-quam fineliConfattijuineoac Confiliariottoftro Thoma
Comite Arundel $ Sum s^arefct)al. noffro Anglic autiieitD» (it fine tir=
tiito terminaitt. et omnia que aD ©fiicium Conftabuiar, pertinent
in Caufa $ laegotia p^eoiaiis; facieno^ <£rercenD*(eaintium Irgeui $
CcitfuetuOinem, Armorum $ Curie S^iIitari0 Anglis uobis, ut p^e--
mmi eft, autfjojitatem tiaimi0 f committimu0, tenore p^eCmtium:
et itieo Dobisi ^annanni0, quoo circa piemilTa una cum prefato Ma-
refcalio intcnt!ente0 fiti0,informa prcUicta : uamusautem Ducibuis,
^arc!)iottibu0, Comitibus, aicecomitibuiS, oeiaronifaus, Jufficiariis,
'BalliKisJ, p?cpofiti0 $ ^niiftri0, $ aiii0 fioelibu^ noftris uniuerfi0
f finffuli0, tarn infra Iibertatc0, quant ema, tenore prffintium in
^ar.liati0 quoD Dobi0 in pjemi(ri0 facienti. ^ erpleno. intrntirn-rsfint,
f Confiilente0, 3aefponriente0, $ 3uciiiame0, quotie0 $ pput ptr I3O0
fucrint fiiper boc pjcmomti tx parte noftra* 3n cuni0 rei Ccmmc^
nium ba0 litera0 noflra0 fieri fecimu0 Patentes. Cr.e me tpfo nptiU
Weftm. ijicefimo quarto liie Novemb. siniia Eegni noftri feptimo,
pet ipfum Eegenu Which
HiftoYtcal Collections.
II
Which Letters Patents being read by the Regifter of the Court,
Domld Lord Rea^ the PlantifF^ and David Ramfey^ Gentleman of the
King s Privy Chamber, Defendent, made their perfonal appearance.
Then the Lord Marfhal (pake in defence of the Court of Chivalry ^znA
the manner of proceeding therein, according to the Law and Cuftom
of Arms, ihcwing ,
' That it was legal and agreeable to Right and Juftice, as any Judi-
' cial Procefs in any other Court of this Realm ^ efpecially when the
' nature of the Caufe required it. And that in thefe latter Ages this
' kind of Trial hath not bin frequently ufed, but that was to be at-
' tributed to the pious and peaceable Government of the State, under
*ourraofl: happy and prudent King,and his moftlUuftriousPredeceffors,
* the Kings and Queens of England, and the Obedience and Fidelity of
* the People of England j both which are to be afcribed to the favour
' of Almighty God, conferring this bleffing upon our Nation above
' all the Nations round about us.
The Lord Marjlml further fhewed 5 ' That it was an Error in many,
' to apprehend, that as foon as an Appeal is brought into this Court,
* it was prefently to be decided by Duel 5 when as Dueling was the
' ultimate Trial in defeft of all others. And even then it was in the
' Arbitriment of the Court, Whether a Duel (hall be granted or de-
* nied ?
The Earl MarJJjal's Speech being ended, Arthir Duke, Doftor of
the Civil Law, made a Speech concerning the Antiquity, Jurifdiftion,
and Neceflity of the Court of Chivalry, held by the Lord High Con-
Jiahk, with the Earl Marfial, efpecially in Cafes of Treafbn, where
the Truth can no otherwife be difcovered.
Then Rea and Ramfey were called into the Inner Court, and the
one ftood on the right hand, and the other on the left of the Lord Con-
Jiahle, and Earl Marjljal.
The Lord Rea prelented his Appeal in Writing 5 and his Petition
formerly exhibited to the Ring, was read in thefe words.
To the King's mofl Excellent Majefty.
Tlje hnmhle Petition of Donald Lord Rea.
Mo(i humbly Jherveth,
THat whereas he having heard fundry Speeches fall from Mr. Da-
vid Ramfey, importing Plots and Praftices againft Your Royal
Crown and Realms, did, according to his Duty and Allegiance, re-
veal the {ame to Your Majefty 5 the Truth whereof he is ready to
maintain with the hazard of his Life, and deareft Blood, if he be
thereunto required. Now fb it is ( may it pleafe Your Sacred Ma-
jefty) that Your Petitioner ( being informed by his Counfel j That
thefe Trials, by Duel, or fingle Combat, are tdtimum T^mediunt 3
And that a Man may not appeal to this kind of Divine Judgment,
but where all poflibility of dilcovery by ordinary Trials fail, and
cannot be had. And whereas Your Suppliant, at (uch time as he
difclofed all the Pradices which he heard from the faid T(a»ifey, and
did withal difcover what he heard likewife from T^obert Meldrum ;
Q^ ' againft
7 Caroli-
The Lord Rea
his Petition.
114
Hijlorical Collections.
A». 163 1. 1 ' againft whom alfo one Captain Jumes Borthwick, hath been examined,
' and the Examination of Meldnim taken thereupon. And your Sup-
' pliant conceiving that if <3JeUrnm be guilty, the faid Mr. Ramfey
' cannot be innocent, your Suppliant therefore, not out of any in-
' clination to decline the Combat (as God who knoweth his Heart can
' witnefs with him) but only out of his fincere defire to have the
' truth difcovered, in a Cafe fo highly concerning your Majefty's Safe-
' ty, Honour and Government, mofi: humbly prayeth, that you would
' be gracioully pleafcd, that ,^eldrimt may be firft proceeded againft
' according to Law, and if upon his Tryal, the Confpiracy affirmed
' by your Petitioner, do not fully appear, he (hall then with all ala-
' crity (as in a Cafe which otherwife cannot be deared) juftihe his
' Aflertionsto be moft true^ either as a Defendant againft the (aid
'i^j/w/ej, (who demanded the Combat of him before your Majefty)
' or as H Challenger if the Court of C^^Wry (hall fo award,and (hall be
' bound in all Duty ever to pray for your Majefty 's long life and hap-
' py Reign.
The Petition being read, the Lord Confiahk^ with the Counfel
of the other Nobles, declared his Majefty s pleafure, that this Caufe
(liould be tried in this Court, and gave the Appeal to be read as fol-
loweth :
B tte Bame of <©Otl, 3tWtt* Before you, moft lUuftriousand
Right Honorable Lords, Robert Earl of Lindfey^ Conftable of
Ehgland^ and Thoma<r Iiarl of ^nwdel and Sz/rry, Marpai of
Erglaffd^or your Lieutenants in this Court-Marflial : I Donald Lord
Rea do accu(e and Challenge thee David Raffifey'm the month of
May or ofjufre in the Year of our Lord 1630, and in the fixth Year
of the Reign of our Lord Charles^ by the Grace of God King of
England^ Scotland^ France, and Ireland^ being then alone in my Ship
within or near the Port of Eljinore in the Kingdom of Sroedland^ in
the upper part or Deck of the faid Ship, when thou hadft this dif-
courfe or the like, and fpakeft thefc or the like words to me in
EngliJ}}, viz. You told me many abufes in the Court of England, and
that there was nothing to be looked for but Defblation and change
of Religion, and therefore you had retired your felf thence , fince
no honeft Man could live there, and with many fuch difcourfes you
laboured to poffefs me ; to which my Anfvver was, The Lord mend
thofe evils, and no remedy but Patience. T^y God Donald, laid you,
(I will ufe your own Phraie) we muB help God to amend it. You told
me you had brought as much Gold with you as would maintain you
at the rate of fix pounds a day for three years, and you aflured me
before that time would expire, God would raife up fbme Men to
defend his Church, and liberate honeft Men from Slavery. I defired
if you could tell if the Marquefs of Hamilton would come over ?
you faid, he would the morrow or next day. After I asked you
what content my Lord Marquefs had at home ? you (aid, none. I
asked you what Religion my Lord Marque(s was ? you (aid, a good
Proteftant, and before it be long he would let the world (ee ius De-
fign was for the defence of his Religion, and the Glory of God, and
that he fhould have an Army fo well provided with brave Men,
and all Warlike Provifion, that he Ihould not need to be afraid with
whom he Encountered. I asked you what advantage was it to us to
' make
Hijlorical Qoliections.
I 115
make a free paffage for the Gofpel in Germanj^ if we loft it at home ?
You (aid there were many honeft Men in our Land, fpcaking of
Scotland^ adding if we had once an Army over, what would you
think if we ftiould take a ftart to lettle them alfb, for ere it be long
you will hear our Country will go together by th'Ears,foclo(ingthat
nights difcourle. He fays at laft, fome Rich thing perhaps is intended,
but I will not tell you more, for my Mafter's Secrets are dear to me.
The third night after, in an Jjland^ you told me that Alex. Hamilton
and Sir James Hamilto?t, were to go for England, and you for Hol-
land, and in the mean while pretended your (elf willing to do me
Service in England. I told you I had a promifc of the Reverfion
o£Orkney from the King my Mafter ^ if the MarqueG would medi-
ate with his Majefty for it, he would do me a great kindnefi, and I
(aid. It were good for my Lord to have a Friend in that place for
his ends. You moreover asked mc, if there were good Harbours in
Orkney, or in my Land, or in any part that might be fortified? I
(aid. Yes. You (aid, ByGcd it was to he thought nf on -.^ and you de-
fired leave to think upon it that night, and on the morrow Ton and
Alexander Hamilton did defire me to write a general Letter to the Mur-
qneji, with truft to the Bearer, ./Alexander Hamilton, concerning Ork-
ney, left Letters (liould mi(carry,with great affurance of true Friend-
(hip from your Mafter, if I would continue conftant in Refblution,
and (b I gave you my Letter.
' Afterwards in <^arch laft paft, you came to me from the Hague
in the Lorv-Countries to .Amjlerdam, where you ftayed with me eight
days, and delivered me a Letter from the Marquels, only of Com-
pliment and thanks, and you told me all went right with the <^ar-
qiiej?. That he had gotten from his Majefty loooo /. in England, and
the Wine Cuftoms of Scotland for fixteen years, which the t^arquef
would (ell, and all things went on without any demur or obltacle,
and the only ftay was for want of Arms, Ammunition, and especial-
ly Powder, and defired me to put in hard with the Srvedifi Embaf-
fador, which I did, and you told me that the <^ar(piefhzd writ to
you, that if the Arms and other Provifions were obtained, they
fhould be (ent to England, and not to Scotland ; at which you did
marvel, becaufehis Lordfhip had changed his refolution, being all the
other Provifions were fent to Scotland. Alfo you told me, that my
Lord had (ent over a Man to receive them, as I defired. I told you
the Letter which Mr. Lindfey brought me,defired the Arms to be (ent
to England. You (aid, though the Arms were had, yet you would
not (end them till you had further order from the Marquej?, and you
defired me to haft to you the anfwer thereof In the end you told me
you had evil News to tell me,that the MarquefTe's Lady was brought
to bed of a Child.
Some few days after, in March or April laft paft, at Delf in the Lojv-
Countries, I told you that I had a Letter from the King ofSrveden to
the King ofT^ritain, defiring fome Ships for the <^arqnef. You (aid
the <3^arqHefs and I muft beware of that, for then they will think that
we mean to take their Land from them with their own Ships. I ask-
ed you,whereour Forces (hould meet ? You anlvvered me,on the Sea.
I asked you, where we (hould land ? You (aid in fome part of your
old Mafter the King of Denmark's Countrey. You asked further.
What think you if we (hould plunder fome nook of his Land, and
/ Q_2 there-
7 Caroli.
ii6
Hisiorkal Collections,
y{n. 169 1, j
Maiqutii -niii :]
hii Accom^ili- \
ces. 1
' thereafter go where we plcafe , for we think ^ he will be the only
' Man that will be moft againft us. I anfwered, I am content 5 for he
' rcfts in him more than you all. I asked if my Lord was to raile any
' Men in iznglatrd j? You (aid one Regiment. I asked you if they would
' be true to us ? You faid that there were EngliJIj that my Lord was as
' much allured of as of any Scots. I asked, where we ftiould make
'■ thefe meet ? You (aid at Harrvkh or Tar mouth. I asked if they were
' fortified ? You faid, that no parts of all thofe Coafls in Et/glatid or
' Scotland could hold us from landing. I told you that I feared Mr.
'■ ^fleldruntwAs an evil Secretary 5 you asked me wherein? I faid,
' that ^ddritm had told me many things, and that I thought he had
' told it to others : you (aid y^x.^Meldrum knew nothing thereof when
' you came from England^ tho he might well fufpeft, and that he fpake
' once to you to that time, as if all were ours, and that you had great
' patience to hold your hands off him although he was your Coulin.
' I told you that I was not a Souldier of Fortunc^but had bread at home,
' and might live without hazarding my (elfin the Fortunes of War, yet
' notvvithftanding that I would hazard my Life and Fortune with the
' e^./n;«e/i, only that I would know the bufine(s. You anfwered, you
' would till me no more of your Mailers Secrets, but that you would
' write a Letter with me to the t^farqiiefs^ and when I came there, the
' Marqnefs would infufein me that which you would not^withal you de-
' (ired me not to tell the Marqnefs what had palled betwixt you and me,
* whereby the (Marqnefs (hould have all the thanks to himielf; adding
' that he was very clo(e, and that he would di(cover him(elf to them
' that he knew would hazard with him. That my Brother-m-law
' Sea forth knew all, and that the Marqnefs trull cd him much. I aiked
' you what was done in mv hu(ine(sof Ork^ay} Yon told me nothing
' till my coming, and (aid, It might be I fhould have it better cheap
' than to pay the Duty of it 5 and you told me England had made a
'Peace with Spain, very prejudicial to Holland-^ and that iS/'-z/w and
' France were both driving who (hould firft drink up England, but
'you hoped we lliould prevent them both. Bclidesyou told me the
i ' lack of Powder was the greateft Let. As for Arms we might get help
' thereof in every Hou(e, and that wehad reafonable provifion there-
' of already ^ and that my Lord had written to you that he had 90
' Pieces of Cannon great and (mall already provided. I defired you
' to go in perfon and fpeak to the Sipedijl) Ambaflador for the Pow-
' der, and to advertife me in the Brill of his Anfwer, that (b I might
' affure the Marqnefs what he might expedt -, and you did fend a Let-
' tcr by one of your own Men to the Brill, to (hew me that you were
' with the Amballador, and hoped to have that which we fpake of
' You asked my advice whether it were beft to cro(s the Seas once, or
" to go on bravely ? I anfwered. Delays were not good, which you did
' conde(cend unto, or you ufed words and fpceches to that efTed.
' But if thou the faid David "l^mfey (halt deny the Preraifes, or (ay
' thou hadft not the fame Di(cour(e, or to the fame effeft with me, at
' the forefaid times and places ; I the aforefaid Donald Lord Rea, (ay
' and affirm,That thou David Ramjey art a halfe Traitor, and Ijeji filjly.
' And in cafe the Premi(es cannot otherwife be found out bv the Sen-
* tence of this Court, proffer my (elf ready by the help of pod, to
' prove and juftifie this my Accufation and Appeal, by my Body upon
' thy Body, according to the Laws and Cuftoms of Weapons in a Duel,
' to be performed in the prefence of our Lord the King,^^^. Which
Hijlorkal Collections.
n
/
Which Challenge being publickly recited, the (liid Doricdd Lord
T{ea, the Party challenging, threw his Glove in the Court, of a red
or brown Colour for a Pawn or Pledg, in prefencc of the aforefaid
Lord Conjiuble^ and Thomas l,ord <C^iirjbjl^ in confirmation of all
contained in the Bill and Challenge.
Then the ftid David 'l^imjiy anfwered in his own Pcr(c)ii, and (I)id,
' That thefaid Bill and Appeal was and is fille, and that the (aid Do-
'■ nald Lord "l^a, the Appellant or Challenger, did lie falily, and that
' he was ready to juftify and prove this in Duel, according to the Laws
'and Cuftoms of Arms, and of this Court, by his Body upon the
' Body of the faid Donald Lord T^ea, as it fhould (eera good to the
' Court.
And thereupon in confirmation and juftification of the Premifo,
he threw his Glove in the Court, of a white colour, for his Pawn, or
Pledg, in pretence of the Lord Co;//?<<We, and Earl e^./r/Zw/ aforelaid ,
Which Gloves refpeftively T^chard St. George, otherwile Claretrmix^
King of Arms, took up and delivered into the hands of the (aid Lord
Conliabk with due reverence '-, and the (aid Lord CoKriublc, together
with the Earl Marpal^ committed them to the cu(tody of the aforelaid
Regifter of the Court. Then the faid Lord Marjhal arrell:cd, as well
the (aid Lord Reu the Challenger, as the afore(aid David Ra/j/fey Kq^
the Defendent. And the fiid Donald Lord l:{ea producetl Sir Rokrt
Gordon, Sir Piercy Crosby^ Sir Walter Crosby, and Sir Ihl/iam Forbet
Knights and Baronets, and William Link E(q5 for his Sureties, who
obliged themfelves all, and every of them, o^ dividm &- conjUn&im,
to our Lord the King, for the (Iiid Lord R^ea, Body for Body, that
the (aid Lord Rea (hould duly pro(ecute this aforelaid Lhallenge, to
the final and laft determination of the (ame ; and that in the mean
time the (aid Lord Rea ftould keep the Peace of our Lord the King,
againft all and every of his Lieges, and e(pecially againft the forefaid
David Ramfey E(c|uire.
And the (aid David Ramfey produced for his Sureties, the Right
Honourable James Earl of Abenome^ and Robert Earl of Roxborou^h.
Then the Earl Marjhal aforefiid relcafed D jnald Lord Rea the Chal-
lenger, and the aforefaid David Ramfey Defendent, from the afore-
(aid Arreft, and at their reque(t refpedively delivered their Bonds of
Suretifhips to be cancelled.
After this there was read in the Court, the Lord Keas Petition to
the King, for divers Noblemen and others to be of his Counlel in this
Cau(e; who(e Names he pre(ented in a Schedule annexed, as they are
here recorded.
To the king's moft Excellent Majefty.
the Humble Petition of Donald Lord Rea.
HQmbly be(eecheth Your Royal Majelty in this Cau(e of Appeal
agdXnii David Ramfey m the CoViXX. o( Chivalry, to grant unto
the (aid Petitioner, that he may have the Parties, Vvhofe Names are
in the Schedule hereunto annexed, to be of his Counlel in the (aid
Court. And he (hall daily pray for Your Majefty 's long Life, and
happy Reign over us.
I George
7 Caroli.
Jiampys. De-
fcr.cc againit
Rea.
The I old /J f^
his Petition t J
his Maji:i(y.
II
Hifiorical Collections.
^tu 1631.
The King's
Order upon
the Peiiiion.
George Earl of ILymy^ Lord Gorden,
^iks Vicount Mayo.
Theobald Baron of Brillii.
Maurice Roch, Son and Heir of the Vicount Fefinoy.
Vonnough Mac Charty^Son and Heir of the Vicount Mnskery,
Sir Robert Gordon.
Sir T^ierce Crosby.
Sir Walter Crosby.
Sir William Forbes.
Donmugh 0 Comto Sligo.
J awes Hay E(q^ of his MaJeUys Body, i--
William Intjis Efquire.
Dr. Kiues. Dr. 'Duck.
Mr. Selden. 1 r 1 r ^ ..r
Mr. LittleL J ''^'^^^'"''^""^^''
Upon which his Majefty iffued out this following Order.
3It i& m ^aielip's I3leafurc, Cijat cniP tljcfc fljoum tobe, Mlt
f02 W Snimw to aoijife ijim, antJ W Countel to pican Co? i)mu
RamfeyV Defence.
(T^'B tlje iSante of t3ron> 3twn, in the prefence of you moft II-
'«l luftrious and Right Honourable Robert Earl of Lindfey^ Confta-
-^^ h\Q o( England^ ?Ln^Thomas^^t\ o^ Arundel AnA Surrey^ Marflial
of Efjgland^ or your Deputies in your Court Marlhal •■, I David Ram-
feji Efq; Defendent, fay and affirm. That all and every the things
contained in the ^id pretended Appeal and Accufation, were and
are falle, and (uggefted and propofed againft me malicioufly, and
againft Truth, excepting what follows at the time and place under-
written 3 I had the under-written Difcourfe with thee, or to the fame
effeft, and no other, viz.
I David Ramfey being with thee Donald Lord Rea^ in the Month
of May or June^ as it is in the (aid Bill mentioned, and in the Ship
there alfo mentioned, being in or near the Port there mentioned, thou
defiredft that I would tell thee. If the Marquefs oi Hamilton would
come over ? and I anfwered he would. And you asking me of what-
Religion the Lord Marquefs was, I faid, A good Proteftant, and be-
fore it be long, he would let the World lee his Defign was for the De-
fence of his Religion, and the Glory of God. And then asking me
whether he would come over with an Army } I laid. Yes, with an^
Army of brave Men, and all Warlike Provifion, that he cared not
with whom he encountred. Which Paffages, upon often and better
recoUeftion of ray memory and thoughts than heretofore, I do now
remember. And you the faid Donald Lord Rea, having then under
your Command, two Regiments of Souldiers in Service of the King
of Svpedland, and then and there of th'me own accord laying to me,
Thou wouldft get leave of the laid Ring to Join your (aid two Regi-
ments with the (aid Lord Marquefs his Forces, and (erve the (aid King
in the Wars under the Lord Marquefs. I kindly accepted that motion
of yours, and defired to confirm it in you j and I told you, that
Alexander
Hijiorical Collections,
ii(
Alexander HuNiilton and Sir James Hamilton were to go for Rvgland 5
and you told me you had a promife of the Reverlion of Orkney
fi-om the King your Mafter if the Marqucfs would mediate witli
your Maftcr for it ? and I and Alexander Hamilton did dcfire
you to write a general Letter to the Marquefs, with truft to the
Bearer Alexander Hamilton concerning Orkney 5 and alllu-ed you of the
(iiid Marqucft his friendll;iip, if you would continue conlbnt in your
Rcfolution, in joining your Regiments with the Lord Marquefs,when
he lliould come over, and you gave a Letter accordingly. Afterwards
in M.ircb laft, I being then at the Hague in Imploiment for providing
Furniture for the faid Marquefs his Companies, which were to go over
into the King o^ Srvedlands Service, came to you from the Hague to
Amjlcrdam^ being earneflly invited thereunto by Letters from you ^
where I ftaied with you eight days, and delivered to you a 1-cttcr
from the Marquefs only of Complement and Thanks for your Offer,
to join your Regiments under the Marquefs his Command. And I
told you all went right \vith the Marquefs, and that I heard he had
gotten from his Majefly loooo/. in England, and the Wine-Cuftoms
in Scotland for fixtcen years, which he would fell j and all things for
his coming over with his Forces went on without any demur or obfla-
cle ^ and the only ftay was, for want of Arms and Ammunition, efpe-
cially Powder, and defired you to put in hard for that with the Srve-
dijh AmbaOador, which you did after the Premifes. And in March
or yljf^r;/ laft, \n De!f\x\t\\t Low-Countries, you told me, you had a
Letter from the King oi Sweden to the King of Britain, to defire fbme
Ships for the Marquefs. And you faid further. That the King of
Sweden faid, He had no Ships to fpare of" his own, but he M'ould
write to our King for fbme for him 5 and that he the fTiid King of
Sweden would allow 400CO Rix Dollars for the entertainment of the
faid Ships to be always in readinefs upon the motions of his Army.
You alfo asked me, if my Lord Marquefs was to raife any Men in Eng-
land .<? I anfwered, I heard he was to raife three Regiments in England,
and three in Scotland. You asked me where thefe Forces fhould meet ?
I anfvvered. On the Sea. You asked where they fliouU Land ? I an-
fwered, I was doubtful where, becaufe the Rendezvous was to be
appointed by the King of Sweden 5 you faid further. That you was
not a Souldier of Fortune, that you had Bread at home, and might
live without hazarding your felf in the Fortunes of War ; yet that
you would hazard your Life and Fortune with the Marquefs. I an-
fwered, I knew no more of the Marquefs his Defigns, than I had then
told you, but that I would write to the Marquefs to commend to him
your forward affeftion to his Service, or to that purpofe. I told you,
that fince my being in Holland, I did perceive the Hollanders did con-
ceive, that England had made a Peace with Spain very prejudicial to
Holland 5 and that divers of them had faid fo in my hearing : which
Paflages concerning the faid Peace, upon often and better recolleftion
of my memory and thoughts than heretofore, I do now remember,
and I alfb told you, That the lack of Powder was the greateft ftay of
the Marquefs his coming over ; and you defired me to fpcak my felf to
the Swedijl} Arabaff ador for the Powder, and to advertife you of his
Anfvver, that you might affurcthc faid Lord Marquefs what he might
expeft '■, and I did fend one of my Men to the J9?7/y, called John Thomp-
fon, to fhew you I was with the AmbafTador, and hope to have what
we fpoke of But
7 Caroli.
I20
Hiflorical Collections.
Rdmfefs
teftatioii.
Pro-
But whereas thou the faid Donald Lord Rea. in thy laid pretended
Acculation or Appeal doft affirm, that I faid other words to thee, than
fuch as are here fet down in this my Defence f I the aforefaid David
Ramfey fay and affirm, That thou lieji faljly^ and art a falfe Calumniator,
and oughteftto be punifhed with the puniftiment of a falfe Traitor 5
and I offer my felf ready to prove and juftify, by the help of God,
this my Defence and Exception, by my Body upon thy Body, ac-
cording to the Law and Cuftora of Arms in a Duel, to be performed
in the prefence of our Lord the King. And I humbly and inftantly
defire, that a Day and Place may beafTigned for the faid Duel, &c.
Then was read in Court the Petition of David T{at»fey to the King,
befeeching his Majefly to aflign him the Perfbn, whofe Name was
written in the Schedule annexed, to be of Counfcl with him in this
Caufe, the Name written in the Schedule was Mr. Doftor Eden. The
Witncfles in this Caufe were commanded to make their perfbnal ap-
pearance in the Court, and were there examined, and divers Letters
written, as well from Marquefs Hamilton as from Ramfey, to the Lord
Rea, were then produced.
Mr. Ramfey had bin releafed from Imprifbnment in the Toner upon
Bail, and his promife to appear before the Earl Marfial of England, or
fuch other Perfbns as his Majefty fhould appoint, at fuch Time and
Place as fhould be affigned unto him, upon three days warning j in
the mean time to keep the Peace, and to confine himfelf to Richmond,
having the liberty of three miles walk, with this acknowledgment,
That in cafe of abfenting himfelf from fuch Appearance, or breaking
the Peace, he will be accounted guilty of the Crime, for which he
ftood committed. And for the performance of this Engagement, the
Earls of Abercorne and T(oxborough entred into a Bond of Four thou-
fand pounds to the King.
A while after T{amfy entred in the Court a Proteflation of the
Tenor following.
'TT THereasin Obedience to his Majefty 's Commands, and in con-
' VV formity to this Honourable Court, I have heretofore, con-
' trary to fuch Intentions as feemed to me mofl reafbnable, procured
' fome Perfonages to ftand engaged for my perfonal appearance in this
' Court,concerning this pretended Caufe ; and have, in obedience and
' conformity as aforefaid, uied the Counfel of Dr. Eden, alligned unto
' me for that purpofe by his Majefty, as Defendent in the faid Caufe.
' And whereas at my firfl appearance, upon fight of my Lord Red%
' Bill, I accepted of the Trial by Combat, and ever fince avoided and
' waved all Courfesufually propofed by Defendents to avoid the Com-
' bat, which at this prefent I am ready to entertain : And whereas
' fince from the Premifes, and the Lord Red% pretences of proving
' new Matters, the final Decree in this Caufe, to my great prejudice
' in my other occafions, hath bin from time to time put off, and no-
' thing as I conceive, under favour of this Honourable Court, proved
' againft me, either to convince me of any Matter objefted againft
' me, or to urge me by the Law of Arms to fubmit my felf to Trial
' by Combat, if I had a defire to decline it. I do here again once
' more, and that moft inftantly, defire a certain Day and Plice to be
' afiigned and decreed for the Combat between the faid Lord Rea and
' mcjfor the Trial of the Matter inifTue between us in this Honourable
' Court ;
WJlorical Qollections.
121
"Courts and \ do with all humblencfs defire of this Honourahlc
' Court, that after all thcfc delays ulld on the Lord Rej$ behalf, I
' itiay now betake my felf to my fiid firfl: Intentions ^ and therefore I
' do proteft, that (b much as in me lieth, I do now dillngage, an'l do
' defire this Honourable Court for ever after this time, to hold for
' difengagcd thofe honourable Perfonages that arc bound for my per-
* (bnal appearance. And I do humbly defire to kno^v what his Ma-
' jefty's further pleafure is concerning me, fince I came hither upon
* his Ma jelly's command by Letters, and am here ready to fatisfy my
' Loyal tv as his faithful Servant, with jhe hazard of my Life.
And fo inftantly defiring and urging to be releafed of his Obliga-
tion, and that his Sureties might be likewife releafed, he was remanded
to the Tower of London^ and his Sureties were relealed^ and the Bonds
were rendred to them.
At another fitting, when Dr. Duh^e moved divers things in behalf of
the Lord Rea^ declaring, That with due reverence he fubmitted to the
Court in all things. The Earl Marfial made anfwer, that the Lord
Kea had governed himfelf in the whole Procefs of the Caule, with
much Prudence and Moderation, and wifhed that Ramfeyhz<\\xQ:d. the
like Moderation in his Defence. And he further (aid. That now it
fcems neceflary to lay open the Series of the whole Bufinefs : and fb
continuing his Speech, he (hewed that our Soveraign Lord the King,
((.)foon as he had knowledg of the Crime objefted, did ufe all diligence
to find out the Truth, and called the Parties before him 5 and the
Lord Eea conftantly affirmed the Truth of thefe things, and oifercd
to juitify the fame with the hazard of his Blood and Life. And
Mr.RuMjej on the other part with the like conftancy denied the Accu-
fation, and fiid, he would prove it falfe againft the Lord Rea by Duel,
if it (eemed good unto his Majefty. And that the King obferving the
confidence of the Parties, and the defeft of other Proof, and the
Parties free choice of Duel, confulted about the way of a publick
Duel by the Authority of this Court, and took care to be informed
of the Proceedings and Cuftoms thereof That it was certain,that this
Court was the only Publick Judicature, to which the Cognizance of
Treafons committed beyond Sea appertained before the time of Hemy
the 8f/j 5 and that the Statute of 26th and 3 5^^ Years of that King,con-
cerning another manner of proceeding therein, was not derogatory
to the Authority of this Court, but only fiiperadded another way of
Trial. That all private Duels were accounted and are unlawful, but
Publick Duds decreed by the Authority of diis Court, were alwa} s
granted to be lawful in Cafes of Treafbn, when for the fafety of the
King and State, the Truth would not otherwife appear. That his
Majefl:y therefore confented to the Requefts of thefe Parties, that
they (hould fight a Duel for the difcovery of the Truth in this be-
half, and therefore he conftituted and confirmed this Court under
the Great Seal of E>7glai7d. That the Lord Covjiahk^ and he the Earl
Mjrjli,(l^ according to the King's Letters 'Patents^ together with thofc
Noble Perfons that were of Counfel with the Court, had heard with
patience whatfbevcr wasalleadged on either fide '-, and that there were
three ways of determining things of this nature in this Court uied by
our Anceftors.
Firft 3 To ablblve the Accufed 3 wlijch in this Ca{e,the Nature, Qua-
R lity.
7 Caroli.
122
Historical Collections.
lity,and Circumftances of theFaft and Crime objefted being confider-
ed, cannot be.
Secondly ,To condemn the Accufed when the truth of the Crime ob-
jedted evidently appeareth by Witneffes, or any other way 5 which in
this Cafe hath not been, nor feemeth poffible to be, when out of
the Accufation it (elf^ it appeareth that the words were (poken fecret-
ly, and not before Witneffes.
Thirdly ,By way of Publick Duel,to the decreeing whereof the Lord
Confiabk and himfelf, with the affent of thofe Honorable Perfons of
Counfel with the Court, did intend to proceed.
Then the Lord Conftable together with the Earl Marfhal demand-
ed of the Parties, Whether they had any thing more to fpeak or pro-
pound in this Caufe? They feverally anfwered they had nothing more.
The forenamed Lords asked the Lord Rea^ whether he would finally
acquielce in his fbrementioned Bill of Appeal.^ whereunto he anfwered
he woukl therein acquiefce. Then they asked Ramfey^ whether he
would acquicfcein his anfwer to the ^\\\ of Appeal ? whereunto he alio
anfwered, that he would therein aquiefce. After this, the Regifter read I
in Court the Lord Reds Bill of Appeal, and Ramjcys Defence in the
prefence of the parties. Presently the Lord Rea fcalcd his Bill with
his Seal at Arms, andfubfcribed his name with his own hand. After
the fame manner Mr. T^amfey fealed and foblcribed his Anfwer.
Then the Lord CoKJiable taking the Appeal in \m hands, and folding'
it up, put it into the Glove which the Lord Rea had caft forth in the
Court for a pawn in this behalf, and held the Bill and Glove in his
right hand, and in his left hand the Anfwer and Glove or Pawn of
David Ramfey, and then joyning the Bill and Anfwer,and the Gloves,
and folding them together, he with the Earl Marpali, adjudged a
Duel between the parties under this form of words.
3!ntr)e name of «25oll tbC Father i\^ Son aitti tlje Holy-Ghofl:, ti&e
rpolp tm maa 'Bleffen Trinity, toija 10 one, ann tf)c onip <So5 nn&
31iitige of 'Battelis •■> 2IIe, ais lji0 aiiccgetcntis imnec tfte moa tmv
lent Prince in Chrifl cuc Lorti attti lixi'nff, bp U)l)om toe are neputen
to tl)i0, Do a0mit pou tf)C aforefaiD Donald locti Rea, t&e pattp
Cljallengino:, anu pott t!)e nfotefato David Ramfey,t!)e Defennent, to
a Duel, itpon euerp accttfation containeH in tfji'si T^ill ann tfje anftoet
to tf)e fame h anu trie Wi^n unto pott tf)e ttoelftf) tiap of tfte ^ont&
of April nett folIotDino:, tjctfeeen ^ttn aitu %m, in tfje jTielo^ calfli
Turtle Fields, in 01 neac Weftminfler, \\x tfte ptefence ofotit jLotrO
tfte J^inff, to no ann perform pour partis to pout utmoff potaer re^
fpectiDelp*
ann toe 2Bi'n ann €niopn pott tlje aforefain Lorn Rea t6e Cljailen-
lyet, tofje fn tf)c aforefain jficinsf, ann toitljin tfjc lift tftere, ijcttoecn
fcijcn annniite of tlje Clock intfjeforenconcftfieaforffainnap* aitn
toe eniopnpou tte aforefain David Ramfcy t^e Deftnijent, to lie in t&e
jfieing intfje fo^efain litt bcttoeen nine ann elei^en oftlje Clock in t^e
forenron of tlje fain nap, upon peril attcnning pott rcipettiDeip in tljat
behalf.
Which Decree and final Sentence pronounced, the Lord Reoi
craving pardon of the Court, fpake to this Effed ^ Firfl, he gave
thanks to the Lord Co»Jiahle, theEarle <3iarPal^ and the reft of the
Lords, that they had with fb much Patience and Juftice heard and ex-
» amined
Hijlorkal Collections,
12
3
amined this Caufe, and for the Juftice therein exercifcd cfpccially for
the Sentence already given. Then he protcikd before Almighty God
and that Court, that he had revealed nothing againft David Rawfc^^
or any other, for Malice, or Hatred, or hope of Reward, either Gain'
or Honour, but only out of his Faithfulnefs to our Lord the King, and'
for the fafety of his florifhing Kingdoms, knowing that nothing is
more pernicious to Kingdoms and Commonwealths than inteftine
Wars. He profefled that if he himfelf had not revealed the premifles,
but fome other acquainted with the Treafon had firft dilcovcrcd it
he without all doubt had deferved the death of a Traytor. And
whereas it might be faid, that he by revealing it had hazarded his
own Life. To this he anfwered, that he was unworthy of all Honour
yea of Life it fclf, that was not ready to lay down, much more to ha-
zard his own Life for the Safety of King and Kingdom. And whereas
he might feem in the procefs of this Caufo to have declined a Duel ;
he deiired to be underftood that whatfoever was done in that behalf
he did in hope and expeftation that the Treafon which was communi-
cated to many,might be fbme way brought to light. For he did neither
diftruft his own Caufe, nor fear the Perfon of his Adverftry, nor any
other in fo juft a Caufe, only in this he greived, that an Adversary equal
to him in Birth, Degree, and Nobility, was not offered. And where-
as many wondered that he would hazard his Life for revealing words,
whereof he was doubtful whether they would amount to Treafon or
not. He faid, he knew much more concerning the Treafon, than
what was contained in this Bill, which by theinterpofing of Authori-
ty, was for juft Caufes yet to be (upprefTed.
As for the Duel now decreed, he profeffed that he embraced the
Sentence with all chearfolnefs, and defired no further delay of the
Combat, than that in the mean time he might provide himlelfwith
(iich neceflaries for this Duel as became his Stock and Kindred, and
the Combatant and Champion of fo great a King. That he had no
private hatred to the Perfon of David Ramfey^ but was now to en-
counter him, being by the Court declared his publick Enemy. And
fo having prayed to God for his Majefty's fafety, and happy Govern-
ment, and imploring the favour of the Court, he made an end of fpeak-
ing.
After this the Court afligned to both Parties a day, whereon to
make fuch Propofitions as they would think fit.
Then the Lord Rea defired, that the Crimes and Words by him ob-
jeQ-ed in hisBill againft David Ramfey^ might be declared Treafonable,
and that Ramfey were guilty of Treafon, if he uttered thofe Words ;
which the Court with an unanimous Confent did declare fo, and ad-
judg.
l^amjey moved that a fhorter time, and fome day within the 12th,
o^ April might be afligned for the Duel, faying that he would foon
compel the Lord T^a to confefs the fallhood of the Crime objefted,
if he would meet him in place convenient.
The Lord MarJ!)al .anfwered, that the day was determined 5 and
further intimated to both Parties that they were to be attached and
kept in fafe Cuftody, if they gave not fufficient caution for their ap-
pearing at the day and place appointed, and in the mean while for
keeping the Peace. For the performance whereof on his part the
Lord jRe^ produced Sureties, namely Sir Pejrce Croshy^ Sir WtUiam
R. 2 -porks.
7 Caroli.
I
124
Hiflorkal Collections,
^>i. 1 62^' [Forbes^ Sir Walter Crosby, Knights and Baronets, and William Jofies
' Efq. who bound themfelves to the King Body for Body.
Then Mr. Ramfey being asked, whether he would bring forth
Sureties ? Anfwered, that he was ready in the Word and Honour of
a Gentleman, to oblige himfelfto whatfoever in that regard (hould
be by the Court enjoyned, but as for Sureties that he had none, or at
leafk dcfired none ; That it was troublefome for him to engage Noble
Perfons, who had in other refpefts interpofed in this behalC Where-
upon the Lord T^as Advocate defircd that Ramfiy be committed to
the Tower till the day appointed for the Combat.
Then Robert Earl of Roxborongh publickly offered' , and faid that
himfelf and ^^wfj- Earl of Jfhercorn were ready to put in Caution for |
Ramfy^'xi xh^Cowvt would admit them^ and Walter Earl of Balelou^h \
made the fame offer, and the Court admitted them, (although the
Lord i^e.// Advocate alleadged many things to the contrary) and they
became bound Body for Body. Whereupon Ramfey was rckafed from
his Imprifonment in the tower.
The Lord Conjiabk and Earl Marfial ad'moniflied' both Parties to
keep within the bounds afligned them :, to wit. That the Lord Rea
fhould not go Weftward beyond Ckarifjg-Crof, nor Mr. T^amfey be-
yond Whitehd Eaftward. Thcfe bounds they might not pafs with-
out the fpecial Licence of the Court, or fbme juft and reafonable
Caufe.
The Weapons which the Court afligned to the Combatants, were
a S^car^ along iSwor^/, a (host Srcordy^xA a Dagger 5 each of them with
a point.
Then the Lord Rea prcfehted thefe Prote Rations to the Court.
Fir ft. He did humbly defireofthe Right Honourable Judges the
Lord Conjiabk and Earl <^arjl]j!, that his Arms and Weapons might
be afligned him for to aid himfelf therewith againft his Adverfary in
the day and place to him afligned : And alio in any other day and
place, if any Ihould be afligned him ^ and that he might have no
Weapon of advantage, and that he might be received' into the Lifls
or Feild with thofe Arms as fhall be affigned him, and armed in what
fort he fliould pleafe:, and that he might have with him all other things
needful and accuflomcd by right to aid himfclf at need againft his Ad-
verfary although they be not exprefly written ; and delired that his
Adverfary ,fhould have no other Weapon, nor of other fize than thofe
that he the faid Lord Rea^ fhould have : And if the fliid Adverfary
fhould bring into the Lift any other Weapons, or of other fize than
the Court fliould affign him, that fuch Weapon fbouldbe taken from
him, and that he be allowed no other.
It feemed reafonable to the Court, that he fliould be received into
I the Lifts armed as is fit : And as for the Weapons, was to have a Spear,
a longSivord^zfiort Sword and a Dagger, each with a point, as above
faid, and for the reft the Court would do reafon, according to the
Cuf^om and Law of Arms.
Itetft^The faid Challenger did pray that his Counfel might be receiv-
ed into the Lifts or Field with liim, for to counfel him what fliould
be needful, and that he might have a Chirurgeon with his Ointments
and Inftruments to ferve and aid him when need required, and he did
pray, that his Counfel might remain with him, until the words LeJ[er
Us ^rmes were cried.
The
Lord Ki*t
Proteftation
or Petition to
"the Lords C</»-
jlalU and
lAarjhal.
TheOrdetof
th« Court.
Hiflorical QoUections.
12
5
The Court willeth, That he (hall have fufficient Counfel, a Chifur-
geon with his Ointments and Inftruments within the laid Lifts, as ap-
pertaineth, until the words Lejfer Les Armes be pronounced.
ItefUj He did pray. That he might have within the (aid Lifts or
Fields, a Seat or Pavilion, or other Coverture to reft himfelf, that he
might have Bread, Wine, or other Drink ; Iron-Nails, Hammer, File,
Sciffars, Bodkin, Needle and Thread, Armorer and Tailor with their
Inftruments, and other Neceffaries to aid and ferve him in and about
his Armour, Weapons, Apparel and Furniture, as need required.
The Court willed. That he have a Seat and fuch Coverture as he
(hall pleale, without fixing any thing in the Ground ; Bread, Wine,
and other NeceiTaries, in fuch cafts requifite, till the words Leffer Les
Armes were pronounced.
Item ^ He did pray, that he might have liberty to make trial of his
Arms and Weapons within the Field, to put them off, and to put
them on, and change them at his pleafure ; to nail, faften, or loofe
his Arms and Apparel, and other things needful 3 to Eat and Drink,
and to do all other his Neceffities.
The Court granted until the words Le^r Les Armes were pronoun-
ced.
Item 5 He did pray. That after he did once come into the Fields
and Lifts, that his Adverfary ftiould not be permitted to make him
ftay and attend too long, under pain of being Convift.
To this the Court returned anfwer. The Court will do you reafin.
Item ^ He did pray. That if it ftiould happen, either by the delay
of his Adverfary, or any other Impediment, that he ftiould not be able
to prove his intent upon his Adverfary in the day afligned him, be-
tween Sun and Sun, that then he might have further time and day al-
lowed and afligned him for the proof thereof on his faid Adver-
fary.
To this the Court anfwered, The Court in this Cafe vpill do as ancient-
ly hath been ufed according to the cujlom and Law at Arms.
Item J He did pray. That the Field and Lifts might be well and
fafely guarded for him until the end of the Battel, and as well in the
Night as in the Day, until that with the Aid of God he fhould make
good, and prove his intent upon his Adverfary.
It was anfwered. The Court will do herein at is right.
Item j He did humbly pray^ That if God ftiould Co difpofe, as that
he died in the profecution of this his righfiil Appeal in this behalf, that
then his Heirs, without any impeachment or hinderance, might take
his Body and give it Chriftian Burial, in fuch place as he (hall appoint
by his laft Will and Teftament.
It was anfwer'd. This mufl beat the Kings pleafure.
Item 3 He did pray. That notwithftanding that the cuftom of Arms
will, that he fhould bear into the Field certain things neceffary for
him, that thefc, or fbme of thefe things, may be brought by others in
eafe of him, and that they might be faved and carried back for him, if
in cafe God fhould pleafe to give him tie Viftory, as he may of his
fpecial Goodnefs and Mercy.
Hereupon this Order was made by the Courts
The Court mUeth that you do herein according to the Cujiom of Arms
ufed in lik$ Cafes before this time.
Item'^
7 Caroli.
Order of
Court.
26
HisioYtcal Collections.
^An. 1 65 1.
Order and
Anfwer.
Itcut ; He did defire. That the fame day when with God's help he
did intend to prove his Intent upon his Adverfary, he might have all
other things neceflary for him, and accuftomed by Right and Law of
Arms, although they were not exprelfcd in thefc his Proteftations.
To this it was angered, The (^ourt herein xviUdo that which jlmll feem
reujbftable unto them.
Item ; He did pray, That thefe his Proteftations, nor the Copy of
them, might be delivered nor (hewed to his Adverfary, nor to any
of his Counftl, or other Perfon, whereby his faid Adverfary might
have knowledg thereof: Further praying, and defiring that thefe his
Proteftations and Demands might be gracioufly granted unto him, by
thofe Honourable Lords, as the Right and Law of Arms did re-
j quire.
It was anlwered. The C^nrt vpould herein do that rvhich JI)OHld be
reafon.
Item ^ He did pray. That it might be lawful for him to go or ride
into r;/<f/e-Fields, in or near Wefiminjier, at his pleafure, and fo often
as he ftiould think fit, to view the Ground which ftiould be affigned
him for the proving of his Intent, and for fuch other ends as ftiould
be moft for his advantage for the proving his intent upon his Adver-
fary.
To this the Court anlwered. It feemeth reajbnahle unto the Court^ that
at convenient times^ which fljould be fgnijied and exprejfcd under the
hands of the Lord Conftable and 6arl Marftial, Tchat Jtmdd belawfiilfor
him to do oi vpos deiired.
Item ; He did humbly pray, That fince by the Law and Cuftom
of Arms, and of the Honourable Court, the Defendent is never to
be allowed Counfel, nor to have any Affiftants, nor to have any Pe-
titions of Favour granted, except in due time he ftiall have defired,
or ftiall have protefted that he would defire them. And that in this
Cile his Adverfary publickly hath protefted againft the having of
Counfel, and all other Aids and AflTiftants in this Court, as by the
Afts of the Court appeareth, he humbly prayeth that he might not
have any Counftl, nor Aids, nor Afliftants afiigned unto him in
this behalf^ and that no Petitions or Proteftations (if he ftiall make
any ) might be granted unto him j and in this he humbly defired the
Juftice of chat Honourable Court.
Anfwer wss made. The Court would do herein upon confideration^ as to
the Cttjlom and Law of Arms appertained.
The Dimenftom of the Weapons were as foHowetk
A Long Swcrd.Conr foot and a half in length,Hilt and all 5 in breadth
two inches.
Short Sword, a yard and four inches in length, Hilt and all 3 in
breadth two Inches.
Pfke, fifteen foot in length, head and all.
Dagger, nineteen inches in length. Hilts and all 3 in breadth an
inch.
The Weapons were not to exceed this Proportion, but the Parties
might abate of this length and breadth if they thought fit.
Thefe Proteftations and Petitions were accepted andregiftred.
Afterwards Mr. TUmfey prefented a Petition to the Lord High Con-
jiable, and to the Earl Marjbal. Ramfeys
Hiftorical Collections.
\
^amfefs Petition.
To the ^^ht Honourahle the Lord Hi^h Con^abU^ and the Lord
Marfhal of England ;
The humble Petition of Mr. David Ramley, Qent. of his Ma-
je^y's Trivy-Chamber in Ordinary,
Shemng,
' fir Hat in regard there can be no PreGdent (hewed forth by Au-
' JL thentical Record, whereby the choice of Arms was ever here-
' tofore permitted or granted to the Challenger, or refuftd to the De-
' fender, futabletothe Cuftom and Law of all Chriftian Nations^ as
' likewife in regard the Challenger himfelf, as I fuppofe being alhamed
'of his Proteftations and Demand for Defenfive Armour, has in
* good Company denied the fame, and afcribed it to your Lordftips
' impofing. He therefore according to the faid Law of Nations, and
' Cuftom of the Kingdom, doth humbly intreat that there be no other
< Arms allowed for the Trial, than futh as he hath bin already Suitor
' for, (vjz.) Rapier and Dagger, as being in the number of fuch as
' your Lordftiips were plealed to nominate, which are the moft com-
' mon in all Gentlemen's Opinions, and that are carried by all and
' every Man that is acquainted with the management of them.
' Laftly, Intreating, That if there chanced to be found any want
' or miftake in the formality of this^ that your Lordihips will be plea-
' fed to pafs over the fame, and attribute it to the abfence of the
' Lawyer allowed by your Lordfhips, having now no other Counfel
* than the Juftice and Ecjuity of his Demand. And as in Duty bound,
* he (hall never be wanting, either in Aftion or Speech, to (hew his
' gratitude for thefe your Lordfhips fo juft and noble Favours.
To the foregoing Petition, this following Anfwer was returned.
Decimo Aprilis 1652.
The firft part concerning my Lord T^a, the Lords having called
Sir William ''Balfour, (the Witnefs vouched by Mr. Ramfey) and
heard him, but could not prove what was alledged.
The fecond part, concerning the Eledion of Arms, the Lords
thought it was not (it to be granted, the Cuftom of this Court being
otherwife, and other Arms being already affigned by the Court.
On the lotho? April 7^e<« and Ramfey appeared again before the
Court, fitting in the Council Chamber at Whttehall 5 at which time the
Lord High Conjlable and the Earl MarJJjal fignified to the Parties, That
it was the Ring's Pleafure, for certain ;uft and urgent Caufcs, to pro-
rogue the day of Combat, from the iBth of ^pril, to the jyth of
May ^ and they prorogued the fame accordingly ■-, and required Rea
and Ramfey to appear in Tuttle-jields, upon the day laft afligned, at
the hours appointed in the former day : for the performance whereof^
both the Challenger and the Defender produced their feveral Sureties,
and the Cautions and Sureties for the former day were by the Court
re mitted.
The
127
7 Caroli.
128
Hifiorical Collect iom.
An. i6^ 1 . 1 The Lord Rea defired to know the pleafijre of the Court, whether
he might ufe Defenfive Arras ? and in cafe he might, whether ac-
cording to his own diferetion, or as the Court (ball regulate ?
The Judges of the Court anfwered, That the Otfenfive Weapons
and their Diraenfions were afligned by the Court already j but both
Parties might ufe Defenfive Weapons at their own difcrction.
Aiay the I2f)^ the Court reaffembled, and the Parties were called,
and anfwered to their Names.
Then the Conjiable, together with the MarJIml^ declared, That up-
on hearing and examination of this Caufe, they had not found Duvid
Ramfey guilty of Treafon^ nor was the Treafe)n intimated made appear
by the Lord Rua, though he had fo long time attempted it 3 yet
they found that he had feditioufly committed many contempts againft
his Ma jefty, the reformation whereof his Majefty referved to himfelf ;
and t.^erefore the Court Decreed, That they (the (aid Lord Rcu and
Duvid Ramfey) Ihould both be committed to the Tovper of London^
till by Sureties to be approved by his Majefty, they gave in fufficient
Caution, that neither in their own Perfon, nor by any in their Fami-
lies, nor by their procurement or affent, they would attempt any
thing one againft the other, and that fe) long, till it feemed good to his
Majefty to fet them at liberty f, and fb they were both arrefted by
order of the Lord Conjiahle and Marpal^ and by Serjeants at Arms de-
livered over to Sir William Balfour^ Lieutenant of the Tower.
Then a Letter was brought from his Majefty by Richard S,t.George^
King of Arms, to the Lord Conjiahle and Murjhal^ by which his Ma-
jefty revoked his Letters Patents, given to the faid Lords for the Trial
of this Caufe, not willing to have it decided by Duel. And io there
was nothing more done in it.
But now let us return to Marquefs Hamilton, where we left him in
his Quarters in Germany, who loft no time after the Battel at Lipfh:k^,
but went himfelf to the King at J'Ftfrkwjpaflage being then more open.
The King excufed his not fending the Forces he had promifed, for
that he was refolved fpeedily to give Tilly Battel, and fo could not
weaken his Army, and appointed the Marquefi to remove from thofe
Villages near (S'/i?^/^ ; and accordingly on the 2oih of September, the
Army went up the Oder from Stetin, feyme pieces of Ordnance they
carried with them by Land, and the reft by Water, and according to
order were quartered about Cujirein, Frankfort upon the Oder, Landf
bergcn, Crofar, and places thereabouts 5 where a third part of his Ar-
my languiChed and died of the Plague, and other Sicknefles.
The Marquefs had not bin long at his Quarters at Cujirein, when
he received Orders to befiege Mugdenburgh^-whevCm were ^000 Men :
The Marquefs's Army being then very feeble by ficknefs, the King of
Srvcden QiniBanmer with^OGO Foot and loco Horfe to join with him,
and to block up and befiege Alagdenburgh 5 which they Ibftreie! .tned,
as on Chrijimajs Eve they came to a Parley. But on the fccond day of
their Treaty, one of the Count Mansjicfds, their Governor, had no-
tice that Papenheim was coming with Relief; whereupon the Treaty
broke up, and Bannier would have bin retiring : But the Marquefs
preffing his ftay, he produced his Orders to command all the Dutch
and SvpediJIi Forces, and not to hazard an Engagement 3 whereas
that
Hiftorical Qollections,
129
chat gallant Commander, Sir J.tcob AjlAy^ (who was then with the
Marqucis) viewiiig the Pafs dcfigned for the Marquefs's Retreat, in
cafe Pjperikevu did advance, allured the MarqueG and Bunnier^ they
might in lels than an hours time march away in fpight of Pcipcfiheims
Army, and therefore not vet to remove, was his advice ; whereupon
the Marqueft propodd to Bunnier to fight Papenheim ; but Bannkr not
willing to hazard his Men, marched away 5 fo Papcvheim afterwards
advancing, got into the Town, and carried away the Garrifon of
Souldiers, and fome Ordnance, with Ammunition, and fo quitted Mig-
det/lfiirgh^ yet left fome Cannon behind him, ( having not Draught-
Horfes to carry the fame away, nor intending to make that Place a
Garrifon any longer) : There the Marquefs did ftay till the beginning
of February 1 63 1, Engl/Jh Style ^ and tne King ordered him to march
to HSerJhidt to quarter his Army thereabouts.
As to the Negotiation of Sir HcNry Fane, his Majefty's Ambaffidor
to the King of Sreedland now in Germany, take this brief Account.
Sir Henry Vane had in Commifiion firft to go to the Ring of Den-
niark_ to remove all fufpicion out of his mind, and firmly to reconcile
him to the King of Sweden.
Secondly, To move the Princes and Republick o{Gerntany to take
part with the Swede.
Thirdly ^ To make ftrift Peace between the Crowns of Poland and
Swcdlund.
And laftly ; To enter into a League with the King o£ Sweden upon
Emergent Occafions.
The Amballador after his arrival at Glnckjiadt came to Erford, from
whom the Marquefs received this enfuing Letter.
My Lord,
THc Jirji of mine "which this Bearer will give your Lordfiip, vpiU tell
you the extreme regi^t I have had (ince my coming into thefe Parts,
that I coidd not have the honour to hear from your LordJJjip, yea, fiarce
hear of yon.
1 received your Lordfiip's of the 10th, delivered me this evening by one
/y^w^^tf Lipfick, my felf being hindred from going that way, in regard
the ^neniy lay between Brunfwick and Lipfick, fo ai I could not paf with-
out danger, which caufcth me to take the way of Erford. To morrow I Jet
forward towards Wirtfbourgh, which his Majefly of Swedland hath af-
fsgned me for my Audience ^ which as foon as I have had, I Jljall di (patch
an Expreff fo your LordJJ}ip,and be glad to receive your Lordftnps parti-
cular Commands, of wliich I fhall be as vigilant and careful itf if they con-
cerned my felf. I hope yet fome one of your Lorpips will overtake me
before I fhall fee the King 5 for it will be Thurfday before 1 Jl}all arrive at
his Court, and I prefume it will be four or five days before he will give me
Audience.
Erford, O&ob. 27. 163 1.
The
7 Caroli.
The Ambafla-
dor's Iiiihudi-
ons.
The Ambaffa-
Hor wrirej to
Hamilton.
130
HiHvrical Collections,
^n. 163 1.
The Amb.iffi-
dor excufo his
not waiting on
the King of
Admitted to
have Audience
in Jatiu.trj.
The Ambaffador, after his arrival, underftood that tlie Duke of
Saxony being become defperate, by reafbn of Tilly $ Inlblency in his
Country, had joined himfelf with the Swedes^ and that when their
Armies were united, had obtained a glorious Viftory upon the Em-
peror's Forces near Lipfuk^-^ and that the King of Sweden making ule
of that Viftory, was gone forward as far as Frcwconia : judging there-
fore that it concerned him to make hafl:e,he exculcd himlclf by a Let-
ter to the King o^ Denmarl^^ and went forthwith to Wirtzbiirgh^whcYQ
he continued for fome time. At length he was admitted to Audience,
firft at FruKikfort, then afterwards at Alentz, but it was the latter end
of jf<^w«'2?7 before he had Audience.
We give you here the (libftance of what pafled between him and
the King of Srceden on the 2<^th of January 163 1, at Franckfort on
theiVfjw, asfolloweth.
' 'T~'He Ambaffador at his firft Audience with the King of Sweden^on
' i- Jatimry the 2 (^th^ according to our Style, told the King, That
' he had come fooner, but that his Majefty's Command ftaied him at
' MeKtz. The King bid the AmbaiTador welcome, and told him, he
' heard the King of Bohemia was upon his way to come up to him ;
' and asked him, when bethought he fhould be here ? To which the
' AmbaiTador anfwered, he thouglit to morrow. At which the King
' ftarted,and (aid, it could not be ; the AmbaiTador replied, he thought
' yes, for he had received fuch advertifement from the States Agent at
' Collen 5 and faid further, the King of Bohemia was come in conformi-
'ty to his Majefty's defire unto him 5 and that he hoped his Majefty
' would take hisCaufe adually in hand,according to his public Munife-
'y?tf, whereby he wpuld acquire to him^lf much Honour,bccau{e none
' was (b much wronged and oppreft as he. The King replied,he would
' firft make an Alliance with the King of Bohemia^ and would be alfo
' glad that the Alliance between himfelf and the King of Great ' Bri-
' tarn fhould proceed 5 and asked the Ambaflador, whether he had
' plenary Power ? and whether the King oi Great T^ritain would
' make the Confederation perfonal with him, or not ? and whether he
' would be content to give Mony and not Men ? To the firft he an-
' fwered, he had Plenary Power 5 and that for the perfonal Confede-
' ration between the two Crowns, his Mafter was content to accept
' it f, and for Mony in lieu of (ending Men, he thought an Expedient
' might alfo be found for that, providing his Majefty would undertake
' the Reftitution of the King of Bohemia unto his Eftates and Digni-
' tics, and not to lay down his Arms until both were eifeded. All
' but this Condition he liked well 5 but to that he anfwered, he could
' not do that without having War with France ^nd ^Bavaria ^ and that
' in the late Treaty between France and the Catholicl^ League concern-
' ing the Neutrality, there was an Article ^ but as for that of Bavaria^
' it (hould be remitted to a future Treaty between the Kings of Britaw
' and France •■, and for what he held of the Spaniards, he was willing
' to return. The AmbaiTador an{\vered. That that Article, and all
' others in that Treaty, was as much to the prejudice of the King of
' Bohemia as could be, and confequently to his Mafter 's Ends; and he
' wiftied in the end it might not prove difadvantagious to the profpe-
' rity of his Affairs, by being too long amuled, which could not be but
' adA'anta-
Hifiorical Collectians^
191
' advantagbusto his Eilemies,and of dangerous confequcnce to himfelf
'and the Caufe^ that for his part he did not think it counfcllable for
'his Malkr to make an Alliance with his Majeity ofSwedeff, upon the
' hopes of a future and contingent Treaty between Uritaw^ France
' and Bavaria : But if his Majefty would oblige himfclf to perform the
' Conditions he propofed, he the Ambaflador was ready to begin the
' Treaty to morrow. And the King replied that he could not ftipulate
' to make War upon "Bavaria at this prefent, but it might be hereafter
' and if the King of Gre^^ Britain would follow his Coun(el,he thought
' it might either be done by War or Treaty, and laid, if we had con-
eluded Ijcfore the arrival oftheFjvw/i,he could then have undertaken
■• War up<w Bavaria, but it was not for him to undertake againlt the
' Houle of Jitjiria, France and the Leagues, if he could by means of
' the Neutrality lay France and the Catholick League by.
' The Ambaflador anfwered, For our coming too late, there was no
' fiult to be juftly imputed to us j for had his Majefty ofSirakn de-
' mandcd rcaft)nah!eConditions,the Alliance had been concluded ; but I
' Leagues,and Bufinefs of (b great Impoi-tance,could not but have flow
' motions^ yet he befbught his Majefty of lyipeJ/^//*;/ to give him leave
' to commemorate the proceedings of his Mafter towards him fince his
' Majefty's coming into Germany^ viz.that he had permitted him to make
' as many Levies of his Subjefts as he had defired 5 That he had lince
' fent the Marquels oi^ Hamilton to him with a Royal Afliftance, and (b
' opportunely, as it could not be denied but that the Marquefs landed
' his Army at a (eafonable time, to the amufement of the Emperor,
' and the encouragement of the Confederate Proteftant Princes, as
' appeared by the effedts that followed thereupon, by the fpeedy uni-
'ting of their Army under his Command. And that though his
' 5' jve6/?/7j Majefty, next under God, was the only immediate Inftruraent
' to whom the Glory of this great Revolution was to be attributed,
' yet it could not be denied but that the Subjefts of Great Britain had
'done him great and Remarkable Service, both in thefe and his former
' Wars, and that thefe were neither to be concealed nor forgotten,
' nor the real Afliftance now lent unto him.
His Majefty o^ Sweden acknowledged, 'that the King of Greit Bri-
' tain had proceeded with him as a Friend 5 that he was a wife and ver-
' tuous Prince, and that none could wifti more profperity to his Per-
' fon and Affairs than he did,and that he would do his beft to affift him
' in the bufinels of the T^alatinate: but he would then have him fol-
' low his advice 5 That he had too long depended upon the SpaniJ/j
' Treaty, which was a fault, and had prejudiced us much ; that nothing
' was to be expefted from them but 'Parols. The Ambaflador replied,
' if that were a fault, it behoved him to be wary in his Negotiation,
' not to make an Alliance that might be difadvantagious to his Mafter,
' either in Honour or Judgment j That whatfoever fhould be the
' event, he doubted not but that God would blefs both his Counfels
' and Aftions. His Majefty o£ Sweden replied, that for the prefent he
' could not ftipuliate to make War with Bavaria, though he intended
' not to let him eicape, for that it could not be but of great advantage
' if he could, fecure the Catholicks, which he was in a fair way to ef-
' fed -^ for according to his Articles delivered unto Charvaffay, the
' Eleftors of Trier i and Cologn had accepted of the Neutrality. The
' Ambaflador asked,whether his Majefty had received any Aft of their
S 2 own?
7 Caroli.
32
Hifiofical CoJkctions,
' own ? he faid, No, But the Marquels o^Frejfay had afiured him there- 1
' of, that he had not yet heard of Bavaria^ neither could he yet fay
' any thing thereunto, until either Charnajjay or Horn^ whom he had
' fent into France^ were returned.
' His Majefty of ^ipei^ew then (aid, he would make him two Propofi-
' tions, which were, He would either oblige himfelf to reftore the
' iCwTg of Bohemia, what the Spaniard held, and treat with France ?ci\^
<^ Bavaria for the reftitution of what he poffeffes 5 which if he would
■^ not reftore. He would then undertake a War with him, fo the King
' would enter into an Alliance with him againft the Spaniards^ if he
' ftiould attaque him in any of his Dominions. He anfwered, that
' was a point of fo great Weight as he durft not take upon him to
' make any prefent anfwer, but thought that his next from Evglajid
' would give feme light.
The refult of all was, that upon the King o? Bohemia's arrival, it was
refolved that the Chancellor of the Svcedcs and himfelf fliould enter
into Treaty.
In this Audience hefpake of 12000 Men to be allowed by the King
of Great Britain^ and 25000 /. a month, which he demanded for the
maintenance of them, but he infifted not thereupon, and therefore
he held not fit to mention it in this Difcourle, but by way of Memo-
rial.
He infilled alfo upon the eftablilhing of the L7///jer^« Religion in the
PaIIatif7ate, and the King of Bohemias Countries.
The Ambaflador tranfmitted to Mr. Secretary Cook^ the paflTages at
this Audience at Franck:fort^ to be imparted to his Mafter the King
of Great Britain.
t^agdefiburgh being quit by Tapenheim^ and Marquefi Hamilton
Commanded by the King of Sv;>eder? to remove thence, the King of
Sivedland put afVrong Garrifon into the (ame, under the command of
the Lord Faulcot/berg of 4000 Men, and the Town railed 2000. Now
feeing we are upon this great (but (hortly afirer miferable) Town,
have a little patience to read what befel it by the cruelty of Tilly ^ in the
begining of this year.
In the beginning of April 165 1 Engltjlj ftile, Gen. Til/y now difco-
vers himfelf to undertake what 'T^apetiheim had been about, viz^. the
Conqueft of the Town and Archbifhoprick of Magdenburgh. Firft,
take a word as to the fituation thereof: The Country of Magdenburgh
is fituated upon the Weft of Braf/deftbt/rgh, from which the River Elb
parts it 3 upon the South it touches upon ^^Atf/y, upon the Weft join-
ing with Brunfrviclisind Halberjiadt •-, and upon the North of it is the
£//» again, with the two Dmchtes of Ljn2efib7irg vind Lavpenhirgh -^ the
Country hath the name from the chief City Mjgde7:hnrgh^ which is one
of the antient Hans-Town^ of the Empire, and that honoured with
an Archbifhop's See, and he the Primate of ?X[ Germany.
The People be Lutherans of the Augujian ConfeJfioM, the Arch-
bifhoprick in the hands of a Lay-Man, Chrifiian William^ a Prince of
the Eledloral Houfe of "^randenbtirgh^ his Title is Adminiftrator of the
Bifhopricks of M/igdenbttrgh and Hall^ and Primate of Germany. This
bred the Quarrel, becaufe he not giving way to Reformation of the
Religion,(that is,the Adminiftrator being againft the bringing in of Po-
pery againj and the reftoring of the Church Lands to the Catholicks,
where-
Hijlorical QoUectwnT.
»33
whereupon it being againft Articles of Agreement, was prefcribed
and bandied by the Emperor, and fome Forces fent into his Coun-
try, aftually to feize upon the fame. His Subjeas,notwithftanding they
were alfo far out with the Emperor (as having confented with other
Hans-Towns, not to (uffer any Imperial Souldiers to be quartered or
billited lipon them, and had raifed fbrae 2000 Souldiers for their own
Guards) yet being now terrified by the Emperor, durfl: not aiiifl: their '
Prince, until at lalt they were encouraged by xheY^mgo^ Sweden, who
promifed to ftick clofe by him : Whereupon, about the end of July
1630, the Adminiftrator fets forth his Declaration, protefting againfl:
the wrong done him by the Emperor, and putting himftlf under the
Protedlion of the Ring o^ Sweden.
With this Prince had Francis Charles^ Duke of Suxon-Lawenburoh
now conjoined himfelf '
And about the end o^ November 1650, the King o^ Sweden fends a
Noble Gentleman, the Lord Faukonbergh^ Lord Marfid and Lord
Chamberlain of his Majefty's Houfliold, with 4000 Men to be put in
Garrifon there, the Town having alfo raifed 2000 Men for their De-
fence.
Upon the iith of ^pril^TiUy firft prefents himfelf in full Battalia
within a Mile of the City : at which time beleived it was that he would
at leaft have fallen upon the great Star-Sconce, or ToU-Houfe by the
old Flue ; but that day attempted he no more, than to beat fbme
Guards out of their Redoubts into the City.
The l^th he lays his Seige ; Himfelf, Tapenhem, SaveUi^znd Mans-
fejld^ round begirting the City. This done, twelve peices of Cannon
are planted againft the Bridge over the Elb ; upon which he made
568 Shot that fame day : his intent being to cut that paflage off, that
the Town by it might fend no Succour to the fbrefaid Sconce or ToU-
Hojtfe^ but the General Fattll^nbergh conveniently planting fome Pieces
Upon the Toll-Houfe, which at lalt difmounted the Enemies Cannon.
This not fucceeding, Trllji falls Pel-Mell at once upon both thefe places
giving eight feveral Aflaults unto them : but the Lord Faulkenber^l
with four whole Cannon double charged with Stones,old Iron, 8cc. a-
bout 12a Clock at night made them to give over : fome Prifoners the
next day which were taken, confefs there were 2000 Men that day 1
flain of the AfTailants. This Toll-Houfe was a notable peice of Forti-
fication , built on the other fide of the Elb. To this Til/)i now turns
all his Battery •■, here falls he to mining, and all to no purpofe.
On the 1 5//) both by Land and Water he lays at it : but three hun-
dred Musquetiers being by him fent in Boats, to affail it on the Water
fide, were by thofe of the Fort driven afliore, and drowned, or flain
by the Citizens j 200 alfo at the fame time, lolt their lives on the Land
fide.
Now was news brought into Tdiys Camp of the King of Sweden
being upon his March, for the relieving of the Befieged. A Council of
War thereupon being called, fome Troops are fent towards Witten-
bergh^ and the Dejjanbridg^ there to ftave off the Kings Forces 5 the
news of his coming again flackning, April 21. to work Tilly falls again;
and giving on upon the Toll-Uoufe^ that notable Piece is forfaken by
the iCMagdenburghers^ who at their Retreat offering to fire it , the
place was Refcued by the Imperialijis. Upon this were all the Forts
on that fide of the Elb, either taken, or given over, the Bridge alfo
by
7 Caroli.
134 I
Hisiorical Collections,
Art. i6^i.\^y Tilly hwvnt^ and Approaches made uato the City, which was
U^'^'V^J from thence immediately Battered. Now were the Befieged forced to
burn their own new Town, where 2000 Imperalijis immediatly lodg-
ing themfelves, fell to mining,and (hooting Granadoes into the City.
The 29^/1, by a Sally out upon thefe in the new Town, are about
a hundred flain ^ the Mines do no hurt, until one FamibUcli^ a nota-
ble Engineer, takes them in hand, whofapps himlelf under the Town>
Ditches to the very hard Walls, which he much (hakes by (pringing
the Mine : in reward of which Service and (bme others, the Emperor
makes him a Colonel, granting him a Commidion to rai(e two new
Regiments.
%Uy the id, the Imperialifts in the new City having (uddenly in
the night time ca(t up a Battery, (hrewdly punifh the Befieged.
May yth^Generzl Tilly comes himtelf into the New-Town, together
with Tapenheim, then General of the Ordnance, and the Count of
Scomberg, Serjeant Major General, and a great (hew of Ladders is
made, as ifthere were a purpo(e ofa general Scalado. Tilly s hope was,
that the Town would prefently parly upon fight of thefe Preparati-
ons •■) but they taking the Alarum at it, inftantly man all their Bul-
warks.
The Qth day is fpent in Shooting at a certain high Tower, from
which the Town Cannon did much plague the Befiegers. This day
T/Z/yfends a Trumpeter to Summon the Town^ they (end another to
him, fignify ing their willingnefs to ycild, might but their Admiuiftra-
tor ftill enjoy his Bilhoprick, and the Town their Priviledges. This not
con(ented unto ,
The <)th day, PapeKheim attempting to fcale the Walls, is by a Sally
beaten off: in which fome of the Enemies Mines being di(covered, are
by Countermines in the Town defeated.
That day another Trumpeter is fent into the Town , towards
evening there was much buftling obferved, and carriages to and again
in the Enemies Leaguer : Yea, they were perceived to rife with their
whole Army, (as the Town thought ) and to March to OrterJkbeK,
half a mile from them. All that night was the Lord Faulkenberg upon
the Walls : who perceiving in the morning no danger of aflTauk, calls
the City together into the State-Hou(e to give anfwer to the Enemies
Trumpet 5 yea fo fecure they were, that the over-watcht Souldiers
are fu(Fered to go from their Courts of Guard, to take (bme fleep :
and the TownCbnen were gone to Church to give God thanks for
their deliverance from the Siege. Thus the Walls being found empty,
about feven on the Tuefday morning, c^ay the 10//', Papetrkcim
having given the Word Jefu t^aria to his Souldiers, and a white
ftring about their Arms •■, makes towards the Heydecker-Voxf^ where
having thrown Turffs and Faggots into the Ditch to fill it up to the
middle, the Imperialifts run with Scaling Ladders upon their backs,the
Walls are in a trice mounted, the Town entred, and the Souldiers £ill
to killing. Faulkenberg now flying in upon them, beats them back to
the very Walls again : but a Port being by this time opened, and the
Enemies Hor(e let in, the Valiant Fatdkenberg is (lain with a Shot,
the .Adminijlrator hurt, both in the Thigh and Head, and fo taken.
Whilft all thus goes to wrack, a mighty Fire breaks out Chow none
knows) and it being a great windy day, all was on the (udden become
one great Flame, the whole Town was within twelve hours fpace ut-
terly
Hiflorical Qollections,
terly turned to A(hes, excepting 1:59 Hou(cs, ^\x goodly Churches
are burnt 5 the Cathedral, together with St. Mirj'ii Church and Cloi-
fter, were by the Monks and Soldiers diligence, prefcrvcd. Twenty
thoufand People at leaft were here killed, burned, and fniothercd,
whereof 6000 drowned in the Elb. TiUys Walloons would give
quarter to few : and the Crabutts never uic to give, or beg any.
May the i2th came Tilly into the Town :, and finding fome hundreds
of Women and Children in the Church, he gives them their Lives,
and fome Bread to maintain them ; next day he forbids pillaging.
Upon Siifulay^ May 15. because he would have this fiir Cathedral,
now ftained in Blood, made glorious, caufes it to be cleanfed, and new
confecrated.
WHcreas it was commanded, to the Sheriff of the County of
Tork^ by Writ under the Seal of his Majefty s Court of Ex-
chequer^ dated the i6th day of May^ in the jth Year of his Majefty's
Reign that now is. That he (hould diftrain James Mileverer Efq^ to
appear before the Barons of his Majefty's (Iiid Court of Exchequer^ in
iheO&aves oi^ xha Holy Trinity xhen next following, to make Fine to
the King for his Trefpals and Contempt in not coming to the prefencc
of the King, before the 0>ie and thirtieth day of Junuarj^- in the firft
Year of his (aid Majefty's Raign, to take upon him ihe Order of
Knighthood, according to the form of a Proclamation in that beh::
alt
formerly made 5 at which day of the fiid OUaves of the Holy Trirnty^
\ the laid Maleverer did appear, andpleadcd to the (riid Writs, That al-
\ though his {aid Majefty the faid one and thirtieth day of January^
I and for three days next before the Hiid one and thirtieth day of jf,;-
I mtary^ v/as refident and remaining at his Palace at Whitehall in the
I County of Middle/ex ; and that the faid Jan;i'.> Mtkvcrcr, the laid one
and thirtieth day of January, and three days next before the fiid one
and thirtieth day of ^.ww^rj', was refident and remaining at Aw/t^,
in the fliid County of Tork^, which is diftant from the f.ud Palace of
■ Whitehall, the fpace of one hundred and fburfcore miles : and that
I the faid James Mukverer, the faid one and thirtieth day of January a-
\ forefaid, or at any time before, had no Lands or Rents in his own
I hands, or in the hands of Feoffees to his ufe, out of the faid County
\o£York'-, and that th^it part of the faid County of Tf^r^ which is
neareft- to the faid Palace of Whitehall, is diftant from the faid Pa-
f lace of Whitehall the fpace of one hundred and thirty miles 5 and that
I no Proclamation, by virtue, of any Writ of Proclamation, for the
! appearance of any Perfons whatlbever, to take the find Order of
1 Knighthood, was made in any part of the faid County of Tork, before
I the thirtieth A^y o^. January, in the faid firft Year of his Majefty's
Raign 5 by reafon whereof the ^axA James Mulevcrcr could not perfo-
i nally come to the prefirnce of his faid Majefty, to take the faid Order
1 of Knighthood before the faid one and thirtieth day of January, \\\
\ the faid firft year of his Majefty's faid Pviign ; yet the faid James Ma-
i Icvercr for his Pine in the Premifes, did humbly fubmit himdlf to the
1 laid Court, and demanded to be dilcharged of the faid Illucs returned
; aad impoled upon him by reafon of the Premilcs. Yet notwithftand-
1 ing thefliid Plea and SubmifTion of the fliid James Maleverer :, and
\ after the lame was made as afortlaid, and cntrcd upon Record in his
[Majefty's faid Court of Exchequer ■, and the laid Court moved for
i ftay
J35
7 (arc//.
yerer procced-
td againll in
lheExclie,juer,
concerning ihe
Kniijlithood
bulineli.
1^6
Hijlorical Collect ions.
7rf». 23.
Sope-makers
incorpoiated.
ftay of the ftid Procefs, and difcharge of the Illues. Sir H. D. be-
iti£r then Lord Chief Baron of the faid Court of Exckeqiter, contrary
to'his Oath, and contrary to the Laws of thi? Reahn, and to the great
impoveriChing of the faid James ^aleverer, did (together with the reft
of the then Barons of the faid Court) refufeto impofe any Fine what-
Ibever upon the faid Jawes ^uleverer^ and told him, That the (aid
Court had no power to fine him, and that he muft compound with
certain CommiiTioners for that purpofe appointed. And did further
order and direft feveral other Writs of D/Jirhigas, to iffue forth out
of his (Ixid Majefty's Court of Exchequer, under the Seal of the fiid
Court, diiedted to the feveral high Sheriffs of the faid County of TwA,
whereby the faid Sheriffs were commanded further to diftrain the fiid
James ^akverer to appear, as aforefiid ^ upon which faid Writs of
Dijlrwgaf^ feveral great and exceffive llTues were returned upon the
Lands of the faid James ,^laleverer, amounting to the fum of two
thoufand pounds, or thereabouts j a great part whereof the faid
James 3ukverer was inforced to pay 5 and in like manner the faid
Sir H. D. (together with the reft of the then Barons of the faid Court
of 8xcqemer) did order and direft fuch and the like unjuft and undue
Proceedings •■, and the faid Proceedings were had and made according-
ly againft 77!c»/<?f <^ojferEQ{h and againft feveral other Peribns his
Majefty's Subjeds in feveral parts of this Realm, to the utter undoing
of many of them.
In order toincreafe the Crown-Revenue by the way of Grants, by
Letters Patents underthe Great Seai of drw^/^Wjthe King creates a New
Corporation within the City of Wcfimmficr^y the Name of the Society
ofSope-mak^rs, made to thefe Peribns following ; Sir He/jry rompton
Knight of the Bath^ Henry Gilford, Nicholas FortcjcHe^ BaQl Ttryjo/i ,
Edward Stradling, Richard Wejion, William Ford, Sir James l^ar.^s.
Knight i, George Gage, Francis Torvnly, Beverly Bretton, Thomas Jones,
and Thomas Rifjfel, Efquires, and their Succeffors 3 and to remain as a
Society or Body Corporate, by the Name of the Governor, Affiftants,
and Society of Sope-makers, and that they (hall have the fame to them
and their Succeffors.
Giving them and their Succeflbrs power to ereft and admit Perfons
into their Society, and to purchafe Lands and Hereditaments to them
and their Succeflbrs, in Fee and Perpetuity, for Life or Years, and di-
fpofeof the feme as they (hall pleale.
And the King by the faid Patent doth nominate and appoint Sir Ri-
chard I VeJio?2 Knight, to he the firft Governor of the (aid Society 5
and the laid Sir Henry Compton and others to be the Affiftants.
And all Sope-boilers who will not come into their Corporation, are
to be prohibited the Trade of Sope-boilers. And a good Revenue
yearly was brought into the King's Exchequer, as is hereafter mention-
ed, viz. 1 0000/. by way of Advance i and 8 /. per Tun paid alfo
into the Exchequer.
Tides
HiftoTfcal Collections,
37
\
Titles of PROCLAMATIONS, ^c,
Tro jfnno \ 6 t^ \.
Proclamation for the better direding of thofe who defire to j whmh^il,
repair to the Court for the Cure of the Diftafe called the {M^rchsj. '
Ki»g's Evil. I
A further Proclamation prohibiting the Exportation of Corn and wh,teh.:ii.
Grain. March 15.
7 Ca'roM.
A Proclamation for the better ordering of Fipityg upon the Coafts
of his Majefty's Dominions.
A Proclamation for preventing of Deceit ufed in the Importation
of Madder.
A Proclamation for the new Making, Altering, Amending, Dre{^
fing. Repairing, Proving, and Stamping of Armour, Guns, Pikes,
and Bandalicrs, both of the Common Arms, and Arras of the Trained-
Bands throughout England and Wales.
A Proclamation againft fuch as willfully and prefumptuoufly con-
temn his Majefty's Royal Authority ufed in prevention of the barba-
rous ufe of Ditcls, particularly againft Peter ApJIej/ Efquire.
A Proclamation for revoking the Commiffion concerning Ar-
chery.
A Proclamation for the better Direftionof thofe who defire to Re-
pair to the Court for the Cure of the Difeafe called the Kings Evil.
A Proclamation inhibiting the refort of his Majefty's People to the
Court for cure of the Kings Evil until the middle of Lent^ and to
reftrain the accels of others from Infefted Places.
A Proclamation concerning the Trade of Giihy and Binny in the
! parts of Africa,
A Proclamation commanding the due execution of the Laws made
againft Eating and Selling of FleJI) in Lent^ and other Times prohi-
bited.
A Proclamation for the better encouragement and advancement of
the Trade of the Eaji-India Company, and for prevention of the ex
eels of private Trade.
Greemvtch,
May 24.
Gfienwich^
June 15.
Greenwich^
June 30.
OatUnds,
AU2. 9.
Aug. 23.
Uamtrton-
Whitehall^
Novemb. 8.
Noverab. 2 2.
Whitehall,
Jan. ij.
Whitehall,
Feb. I J.
138
yrhttehull,
Feb. 10.
March i6.
HiJloYical Collections,
A Proclamation for enabling all his Majefty's Subjefls to trade
within his (everal Dominions, without being further charged with
Cuftoms, or other Duties, than they of that Kingdom wherein they
trade ought to pay. ^
A Proclamation for the well-ordering of the Silk Trade through-
out fw^/^W, &c.
Hiftorical
llorical Colledions
For the Year 1532.
E begin this Year in a new method, which we purpofe
to obfcrve for the following Years, being a brief Ac-
count or Diary of ibme remarkable Pallages in order
of Time for the whole Year of 1632, by commencing
the Year with a Copy of the Arch-Bilhop ofCanterhttr/s
Diary ^ written with his own hand 5 which we ( being
prefent) fiiw produced at the Lords Bar at the time of his Trial^where-
in arc many things contained, which will (ave us the labour to m^n-
tion m theBody oC Hijiorical ColleCf ions, and will gain greater Belief
with the Reader (being his own words) than if they had bin never
fo truly related by any Author upon Credit : And if there be Mat-
ters of le(s moment contained in the Diarj>, which are not lb clear
for Hiftory, yet are they (ubjed Matter for Obfervation ; and the
Reader may ruminate in his Thoughts what the meaning ftiould be of
fome dark Expreffions, which we do not undertake to explain,neither
are we fo uncharitable to make pubUck in print the (aid Diaty, as
fome * have done, (eeming thereby to refleft on fome Paflages which
had bin better omitted than publifticd, but we pafs them over.
Ihe 'Bijhop of London'^ Diary for the Year 1652.
I Preached at Court, Saturday, May 26.
Trinity-Smday-Eve, I confecrated the Lord Treafurer's Chappel
at Roehatupton.
May 7^, Tuefday, my meeting and fotling upon exprefi terms with
K. B. in the Gallery at Greenveich, in which bufinefi God blefs me.
Jam 1 5. Mr. Francis Windchank^, my old Friend, was (worn Se-
cretary of State j which place I obtained for him of my Gracious Ma-
fter King Charles.
Jiwe 10. Monday, \ married my Lord Treaforer Wefions Eldefl: Son,
to the Lady Frances, daughter to the Duke of Lenox, at Roehampon.
June 25. D.S. with meat Fulham, Cum Mi. &c.
July 10. Dr. J uxon, the Dean of Worcejier, at ray foit, fworn
Clerk of his Majefty's Clofet ?, that I might have one that I might truft
near his Majefty, if I grew weak or infirm, as I muft have a time.
July I J. I confecrated the Church at Stanmorc Magna'm Middlejex,
built by Sir Jokn Woljienham.
December 2. Sunday, The Small Pox appeared upon his Majefty,but
God be thanked, he had a very gentle Difeafe of it.
Dccemh.i^. Tl.tirfday, The Earl of ^rwwi^e/ (et forwards towards
the Love Countries., to fetch the Queen of Bohemia and her Chil-
dren.
Decemb. 2 5, I preached to the Ring, Chrijivtafs-day.
i
Jan. I,
_^1
8 Caroli.
W.P.
140
Hifiorical Collections,
7j». i.My being with K. 5. this day in the afternoon, troubled
me much, God give me a good iffue out of it.
jf,/w,i 5. iv. B. and I uriexpeftedly carrte to fome clearer Declarations
of our felves, Vvhicli God blefs, &c.
Feb. 11. Monday night till Tuefday morning the great Fire upon
London-Bridge many Houfts burnt down.
Wednefday Fe/*. 13. The Feoffees, that pretended to buy in Im-
propriations, were diffolved in the Chequer-Chamber. They were
the main Inftruments for the 'Puritan Fa&ion^ to undo the Church ^
The Criminal part refervcd.
I Feb. 28. Thurfday, Mafter Chancellor of London, Dr. Dukf brought
me word, howmiferably I was flandered by fome Separatifts ^ I pray
God give me Patience, and forgive them,
March 6. Afh-\i'ednefday, I preached at Whitehal.
May 6.
Mr. Bernard
queftioned in
the HighCom-
miffion Couitj
and ccnfared,
the Aichbiih.
being pufent.
THere were at this time (bme who were averfc to the way of the
times, and did not forbear to fpeak againft new Doftrines and
Ceremonies ; as appears by the fbUowiug Proceedings in the
High Commiffion.
Mr. Nathaniel ''Barnard., Lefturcr of St. Sepulchers London, in his
Sermon preached at St. <^aries in Cambridge, delivered fmart paffag^
againft poffibility of Salvation in the Faith and Worfhipof the Church
ofi^tfwe, asit was Decreed in the Council of Tre«^ 5 and againft the
Introducing of 'Pelagian Errors, and RomiJIj Superftitions into our
Church ■, for which he was articled againft in the Bigh-Commijjion-
Court. His Text was, l Sam. 4. 21. The Glory is departed from Ifrael,
(becaufe the Ark^of God was tak^n axcay. ) For which he was cenfured,
and ordered to make this Recantation.
thz ^cantation ordered for Mr. Earnard, (which he refufed to
make) iva^ as followeth.
' T TT THereas by a Sermon, made by me in this place the 6th of
' V V May Iaft,upon this Text, l Sam. 4.2 1 . [The Glory is departed
'■from Ijrael, becaufe the ^rk of God m/s taken '] I had this Paflage •-,
' [_And the Apojile, Rom. I. 1 6. affirmeth of the preaching of the Gofiel ^
' that it is [^ the Porver of God unto Salvation '] id eft, // is that i^ean
' by vrhiih God ma?2ifeshth his Omnipotent and Irrefijiible Power, in the
' Converfion and Salvation of allthofe, who from Eternity were ordained
' hereto by God's abfolute and immutable Decree!^
For which Paflage he was enjoyned to make this Recantation
following :
' And I do here publickly acknowledg, that hereby (contrary to his
' Majerty's Command in his Declaration lately publiftied, and printed
' with the Articles of Religion) I did go beyond the general meaning
' ofthat place of Scripture, and of the (aid Articles, and drew the (ame
' to maintain the one fide of (bme of thefe ill-railed differences which
' his Majefty's (aid Declaration mentioneth : And this I did rather out
' of a de(ire to thruft in (bmewhat into my (aid Sermon, in affirmation
' of one fide of the (aid Differences, than any ways occafioned by the
' Text I then preached of
' For which I here publickly profe(s my hearty Sorrow, and do
humbly
Wjlorkal Qolkctions.
141
' humbly crave pardon of God Alaiighty, of his Majefty, and of this
' Congregation.
' And whereas in the fame Sermon I had this Pafi'age,
'■[If God's OrdiKjKccffir hk fuhlnkWorJbip in their purity arc the Glo-
'■ryofa Nut/Of! 5 then it folloivs that they reho go about to deprive a Nation
' of any of God's Ordinances for his ptiblick, Worfl)ip either in ivhok\ or in
' the leaji part of them^ (id eftj in their purity and integrity^ they go about
' to mal{e that Nation baje and inglorious •■) and if fo-, then are they enemies
' to that Nation^ and Traitors to it, if it be their orvn Nation : for Trcafon
' k not limited to the Royal Blood •-, as if he only could be a Traitor who plvt-
' teth and aitemptcth the dijhGnoin\ or pedding thereof but may be, and is
' too oft committed againli the whole Church and Nation : which laji isfo
' muchtleworfcof them tivo,by how much the End is better than the Means,
' and the Whole of greater confequence than any one Part alone. Whereby
' ne may learn what to account of thofe among onrfches ( if any fuch be)
'■which is better k!:^ own to you than to me^ who endeavour to quench the
' Light, and abate tie Glory of our Ifrael, by hinging in their Pelagian Er-
' rors into the Doclrine of our Church ejiablif)t by L,aw, and the Superjli-
' ons of the Church of Rome into our Worfiip of God, as high Altars, Cru-
' dfixes, and bowing to them (id efl:} (^in plain Rnglijl}) worfiipping them ^
' whereby they (ymbolize with the Church of K.ome very Jthime fully, to their-
' reparable pipvcrack^of many Souls who Mit upon this Rockf\
■ ' I do now upon better information find, that many erronious and
* dangerous Aflertions, and Confequences unfitting to be here expreft,
' may be coUefted and inferred out of the (aid words ; and I do there-
' fore hereby publickly recant all the faid Words, as they xire, by way
' ofufeor inference and application,ufed by me, to be very ralhly and
' inconfiderately uttered,and to be very undutiful towards his Majefty.
' I do humbly refer and fubmit my (elf to his Majefty 's Clemency and
' gratious Acceptance for the interpretation of my meaning of the (amc^
* and I am heartily forry, and do humbly crave pardon, that words
* and applications fo dangerous and fcandalous to the prelent ftate of
' the Church of England proceeded fi-om me.
' Thirdly, Whereas in the fame Sermon I had this pafiagc ^
'■\_ 5^ God's Ordinances h^ere I underjland chiefly the word Sacraments
' and Trayer, in that purity and integrity, wherein the Lord Chrifl left
' them, not blended and adulterated with any fuperjhtious Inventions of
' Man, for then they ceafc to be God's Ordinances, and he owns tloem no
' IcngerT]
'I defire this paflhge may betaken and underftood as I fpakeand
'meant it, and nnt otherwile 5 that is, not that I hold all humane In-
' ventions added to God's Ordinances to be fuperftitious^ for I account
' that Tencnt not only fiUe but palbably abfurd and foolifli. But to ex-
' elude all thofe humane Inventions which may hinder the prefervati-
' on of the Dodrine and Difcipline of this Church o^ England in that
' purity and integrity, wherein through God's Gracious Goodnc(s by
' his Majefty 's Laws Ecclefiaftical we do enjoy them.
' Fourthly and laftly ^ Whereas by fome other Paflages in my faid
' Sermon was (as I underftand) conceived by fome not only to caft
' Afperfions upon the prefcnt ftate of our Church, and (bmc principal
' Members and parts thereof, thereby to bring it and them into (landal
' and diflike 5 but even under fome ambiguous words, as if it were to
' move to take up Arms for Redrels, although with recalling or re-
' ftraining
8C
aro
142 1
Hislorical Collections,
The Trial of
Rea and Ram-,
fey in theCeurt
of Honour be-
fore the Loid
High Confta-
ble and Lord
Marllial,
The King wri-
teth to Marq,
Hitmiltert of
the proceeding
in the Trial
between Rea
and Ramfej.
Combat dif-
charsjcd.
' ftraining the lame in terras afterwards, and faying thus ,
' [ Let us praji thefe Men either to Converfion (if it he God's blejfed
' Will) or to their DefimQion^ Fiat Juftitia pereant illi, and callifig
' them crafty ^chitophels , &c. ~\
' I do hereacknowledg and profels^l had no luch intentions, neither
' do I know any cauft why my felf^ or any other, ftiould fo bitterly
' inveigh againft any in our Church. I am therefore heartily forry
' that I gave caufe to any of the Hearers to conceive fo : And I humbly
' crave pardon for it.
Mr. Bernard refufed this Recantation, yet in general terms profef-
fed hisforrow for any Overfights, and unbefeeming Expreffions in his
Sermon. He was fined in the High Commjjion Court a thousand pound,
and (ufpended his Miniftry ; Condemned in cofts of Sute, and commit-
ted to Prifon, &c.
On the 8th of Maji this Year, a period was put to the great TriaJ
in the Court of Honour before the Lord High Conjialk^ and Lord
(i^larfml^ between Rea and Ramfiji, concerning the formentioned Ac-
cufation of High Treafon againft Marqueft Hamilton^ which begun to
hate a Hearing in Nhventher the laft Year, and was now decreed by
that Court in this Year to be determined by Combat : which in re-
gard it is a Trial Remarkable after the Proceeding of the Civil Law,
we have given the Reader an account thereof at large,however take his
Majefty's thoughts of it, as it is exprefled in this Letter to theMarque(s.
James,
Olncejiou went I ha-ve not written to you o/Mackay's hujinep^ becanfe I
^ neither de(tre to prophefe nor write half News •■, htt now feeing (by
the Grace of God") what fiail be the end of it, I have thought fit to be
thefiji ^dvertifer of it to you. I doubt not but ym have heard, that
(after long feeing ofPrcbfs for clearing the bujinefs as much as could be,
and Formalities which could not be efchewed) the Combat was awarded,
Dayfet, Weapons appointed : But having feen and confidered of all that can
be faidon either Side, as likewife the carriage of both the <^en, upon ma-
ture deliberation I have refilved not to fuff'er them to fight. Becauje, Jirif,
for Mackay he hath failed Jo much in hk Circumjlantral T^robatwns, ejpe-
cially concerning MnCchavap, upon whom he built asachiefWitnefi:, that
no body now is any way fatisfi'ed with his Accufations. Then for David
Ram fey, though We cannot condemn him for that which is not, yet he hath
Jo much, and Jo often offended by his violent Tongue, that We can no ways
thinks him innoccnt^though not that way guilty whereof he is accufed 5 where-
fore I have commanded the Court (hall be diffnifled, and Combat dif-
charged, with a Declaration to thispurpoje. That though upon want of good
Proof the Combat was necejfarily awarded, yet upon the wIjcU matter I am
fully fatisfed that there was no fuch Treafon as Mackay had fancied, ^nd
for David Ramfey, though We mujl clear him of that Treafon in particular,
yet net fo far in the General, but that he might give occasion enough by his
Tongue of great ^caifation^ if it had been rightly placed, as by his fooliJJ)
prefitmptuous Carriage did appear.
This is the Jubjiance, and fofijort, that it is rather a Dire&ion how to
believe other s,than a Narrative it felfj one of my chief ends beuig that you
mayfo kpow David Rarafey, that you may not kwe to do with fuch a Peft
as he iSyJitJpe&inghemayJeek^toinJinuate hiffifelfio you np07i this Occafton:
where-
Hijiorical (Collections,
1 143
Vherefore I muji dejire y<m^ as you love me, to have nothing to do mth
him.
To conclude note 5 I dare fay that you JJjall have no dijhonour in this
''Bufinefs ^ and for my felf I am not apamed that herein I have f jewed
my felf to be.
London, May 8.
1632.
Tour Faithful Friend,
and Loving Coufin,
Cha rles R.
By the Interceffion of the Biftiop of London, this Year, Walter
Curl was Tranflated from the Biftioprick of Bath and We//s to Wmche-
\fier.
Robert Wright from the Bifhoprick of Brijiol to that of Coventry and
Lichfield.
Augujline Lindfey was made Bifhop of T^eterborough.
And Dr. Pierce Biftiop of Bath and Wel/s.
Is Majefty intending the advancement of the Native Commodi-
jL ties of this Realm, and the prevention of divers Deceits com-
monly ufcd in the making of Sope, with Forreign and unfweet Ma-
terials :, and of the exceffive Rates in the lale of ill Sope, at the
pleafiare of the Sope-boilers, being no Body Politick, nor governed
by any good Order : And refblving to make the Manufadiure of
Sope and Pot-afties a Work of his own People, did, by Letters Pa-
tents dated the 2ofh of January laft paft, incorporate divers Perfbns,
by the Names of Governors, Ajjijiants, and Fellows of the Society
ofSoapers within Wefiminfier and ^iddlejcx j and that it fliould
be lawful for them, and their Succeflors, to exercife the faid Art and
Myftery 5 and that they (hould chufe skilful Perfbns out of the (aid
Society, to overlee all Works, Workmen, &c. ufing the faid Art
and Myftery, and to prevent fraud ind deceit therein. And that
none of the faid Sope (hall be put to fale, before tht Overfeers
fhall have overfeen the lame, and have marked it for good ^ and to
punifti the Gainfayers and Rebellers of his Majefty 's Proclamation.
' And the Governors, AfTiftants, and Fellows of the faid Society,
did by Indenture, fealed with their Common Seal, made between his
Majefty of the one Part, and them of the other part, covenant, to
ereft and maintain fuch Workhoufes as might make 5000 Tun of
good Sope, and a further proportion if need fhould require.
' And his Majefty, by his Letters Patents, did eredt an Office for
keeping of Patterns, and making the Eflay of Sope to be made by
the Governors, Alfiftants, and Fellows of the Society of Sopers of
Wejiminfleri) and appointed F, C. to be the firft Eflay-mafter, and to
take an Oath for the true execution of his Office.
' His Majefty therefore did charge and command the faid Society,
That they ufe no other Oil in making of their Sope, but Olive-Oil,
and Rape-Oil, by which means the Sope may be fweet, good, and
ferviceable 5 and that none do put to fale any Sope, Pot-alhes, d^c.
before they be Eflayed, and tried to be found good and ferviceable,
and fb marked by the Deputies of the faid Society.
The
8 Carolt.
Four Bifbops
advanced.
Concwning
the '.veil make-
ing ot Sope.
144
Hifiorical Collections,
y.VJKc 20.
Tli:- wing com
mands the
Gentry to keep
their rcfideiice
at theii- Manfi-
ons ill the
Count! y ; and
forbids them
to nuke their
habitations in
London, and
Places adjoyn-
iii".
The King being informed, that of late Years a great number of the
Nobility, Gentry, and Abler fort of his Subjefts, with their Families,
refbrted to the Cities of London and If ejimwjier, and Places adjoin-
ing, and there made their Relidence, more than in former Times ;
contrary to the Ancient Ufage of the EngljJI) Nation, which had oc-
cafioned divers Inconveniencies : for whilft their Pvefidence was in the
Country, they ferved the King according to their Degrees and Ranks,
in aid of the Government, whereby, and by their Houfe-keeping in
thole parts, the Realm was defended, and the meaner fort of People
were guided, direded, and reliev'd •-, but by their refidcnce in the
laid Cities of London^ IVeJiminJier, and parts adjoining, they had not
Emploiment, but lived without doing any Service to Prince or Peo-
ple : A great part of their Mony drawn out of their feveral relpe-
dive Counties, and fpent in the City, in excels of Apparel, provided
fromForreign Nations, to the enriching of other Nations, and con-
fumed their time in other vain Delights and Expence, even to the
wafting of their Eitates.
•• His Majefty therefore touched with a deep fence of thofe Incon-
■ veniencies, doth ftraightly charge and command, that before the end
• of forty days, his Lords Spiritual and Temporal, Lieutenants, De-
' puty Lieutenants of Counties, JuftLces of Peace, Baronets, Knights,
' Elquires, Gentlemen, and all Clerks having Benefices widi Cure,
' Prebendaries, or Dignities in Cathedral or CoUegiat Churches, that
' have Manfion-houies, and Places of Refidence in other Parts f, that
' they do refort to the feveral Counties where they ufually re(ided,and
' there keep their Habitations and Hofpitality, &i\ except fuch as are
'■ of his Majefty's moft Honourable Privy-Council, or bound to daily
' attendance on the King, Queen, or their Children.
' Further declaring. That it was his firm refolution to withftand
' this great and growing Evil, by a conftant feverity towards the Of-
' fenders ; and therefore gave this timely warning, that none hereafter
might prefume to tranfgrel^.
July 16.
A'^ainllUiiild-
inp; on Nc.v
Foundations
in London.
The King at this time took into his Princely Confideration, the
ftate of his City of London, being his Royal Chamber, and Imperial
Scat of his Kingdom, renowned over all parts of Chriftendom.
' And forefeeing that the Honour, Government, Health and Safety
' of the City, is of great confequence unto his Majefty, and the whole
'Kingdom: And that his Royal Progenitors, in former Times, efpe-
'cialty his Royal Father, of blefled Memory, King James, and the
' moft excellent Princefs Queen Elizabeth, in their Times had carefully
' provided for the fame, flraightly prohibiting the erefting of Houfes
' and Buildings upon new Foundations, and the entertaining of In-
' mates in and about this City, which would multiply the Inhabitants
' to fuch an excefTive number, that they could neither be govcrn'd nor
'fed^ and for putting thefe his Majefty's Commands in due execu-
' lion, he did make, and feveral times renew Commillions,dire(5led to
' the Lord Mayor of the faid City, and divers other Perfbns of Ho-
' nour and Worth, grounding the fame upon the Rules of Law and
' Juftice, as againft publick and common Nuifances, as well as upon
' Reafons of State and Government, all tending to the publick Good
■ 'of
Hijlorical Qollections,
^45
' of the People ; but that taking not fo full efFeft hitherto, as the King
' expeftcd, his Majefty hath now again rcfolved to renew that his
' Commiffion to divers Honourable Perfbns, and others of Worth and
' UnderfVanding, requiring them forthwith in their own PerHins, as
♦ by other good ways and means,to inquire and find out the Offenders,
'and Offences againfi: this his Majefty's Declaration,and to make Certi-
' ficate thereof -to the Council-Board, or in the Court of Star-Cham-
* ber, to the end that fuch Proceedings may be hijd againfi: them, as
' may ffand with the King's Honour, and the Laws of the Land. See
more of this at large in the ^ppendix^ which contains ahb his Maje-
fty's particular Pvules for the putting this Commiffion in execution,
which are very large.
Whereas the King's Royal Father, King James^ did conffitute an
Office, called, The Office of the Pojimufter of England for Foreigv
T^arts^ who ftiould have the fble taking up, fending, and conveying
of all Pacquets and Letters into thole Parts, with power to take mode-
rate Salaries 5 and did appoint and conftitute firft Matthew de ^ejierto
execute that Imploiment j afterwards" Wiiiiam Frizel and Thotnai
Witherwg^and their Deputies,to do all things appertaining to the fame.
The Merchants of the Engljjh Nation, praying his then Majefty to
continue them in that Office, his mofb Excellent Majefty that now is,
affefting the welfare of his People, and confidering how much it im-
ports his State and this Realm, that the Secrets thereof be not difclofcd
to Foreign Nations, by a promifcuous u(e of tranfmitting, or taking
up of Foreign Letters, was pleafed on the n^th of Jflj, to ap-
propriate the faid Office to Frizel and IVitfjermg afbrelaid, with prohi-
bition to all others to intermeddle therewith.
Doftor L(?«?^, commonly fb called, was now living, though neither
Dodtor nor any way Lettered, but a Man odious to the Vulgar for
fbme Rumors that went of him, as a Conjurer, or Sorcerer. He was
quarrel'd withal in the Street in London •■, and as the common People
more and more gathered about him, fb they pelted him with rotten
Eggs, Stones, and other Riffraff ^ ju filed him, beat him, bruiftd him,
and fo continued purfuing of him from Street to Street, till there were
five hundred People in a plump following him : This continued three
hours at leaft, until Night, and not a Magiffrate or Officer of Peace,
once fhewed himfelf to ftop the Tumult ^ and fb the poor old Man,
being above eighty Years of Age, died of this violence, and no In-
quifition was taken of it, nor any Malefadlor ever dilcovcrtd. For
which Negligence, an Information was put in the King's T^ench^ by
Mr. Attorny Noy^ againft the Mayor and Citizens 5 and they fubmit-
ted to the Grace of the Court, and were fined by the iaid Court
1 500 Marks by the Common Law, and not upon the Statute of 28.
Ed. 3. nor upon the Statute of 4. H. 4. fee the Statutes.
The Information brought againft the Mayor and Commonalty of
LojTdofT^ was to this efFeft.
' TT T'Hereasthey were incorporated by that Name, and it was a
' VV Walled City, and recites the Statute of 2. £.4. That the
'Mayor for the time, and all who have been Mayors, fhould be Juftices
V 'of
8 Cirofi.
Concerning
he I'oianiHcr
1-01 tigii Parts.
The City of
London aboiir
ih'j D-.nh of
Di. Lumb is
lined.
The Informa-
tion.
Term Pafch.
8. Car.
Dr. Lamb.
1^6
HiHorical Collections.
An. 1652.1 ' of the Peace within the City 5 and that the Sheriffs are made among
' thcmlclvcs, and Coroners appointed by themfelves, and that by Law
'they ought to fupprefs Riots, and unlawful Aflembhes. Notwith-
' ftanding in Jim./Sf.Car. in the day time,That one John Lumb^zWzs dift.
' DoUorLamb^ was flain in a Tumult, and none of the Offenders ta-
* ken, nor any Perfon known or indifted for that Felony. And up-
' on this Information, the Mayor and Commonalty appeared, and
' confcfled the Offence, €>"" fofuerunt fe in gratiam Curid:^ (j^c. for
' which they were amerced to 1 500 Marks 5 for it was conceived to be
' an offence at the Common Law, to fufRr fuch a Crime to be com-
' mittcd in a walled Town, tempore ditirno, and none of the Offenders
' to be known or indided f, vide 5. E. 3. Coro/se 299, 22. E. 3. Coron.
258. 8. E. 2. Coron. 425. Stamf.fo. 33. Col{. lib. 7. fo. 7. 3. H. 7. 15.
D)cr. 210. And Noy^ Attorney General, ffiewed a Record, CMich.
' 18. £. 3. Rct.i'^i. an Indidtment of a Town in Dezonjhh-e^ for
'fufferingan Ailembly, as it were, to hold Aflizes in mockery of Ju-
' fficc. And 21. H. 6. a Prelcntment before Fortefcuc^ againft the I
' Town of Norrvich 5 That there M'as a great Riot in Norrrich^ and
' one Glidman took upon him to be Ring, and went with a Crown of
'Paper, in a riotous manner, to the Priory of Mrir/r*^, &c. And al-
Aiignfl I.
Concerning
the F.arl of
Xtra(f;rd his
Trial, as to an
Article, charg-
ing him v.'ith
wolds fpoke at
Tork, Affizcs,
"Be
^ugufi.
' though it appears not upon the Roll, ^lud mde^ vemt^ yet per t^ot.
'■ Patent. 27. H. 6. Memb. 13. their Liberties for that Caufe were
' feized, and rcgranted.
Thomas Lord Vicount Wentvporth^ Lord Prefident of the Council" in
the North, in Aitgujl this Year, at the Pub'ick Affizes held at the Ca-
ftle in the County of Tork,., let fall (bme words, which the Gentlemert
of the Country then prefent,took great exception at , and afterwards
the fame were laid to his Charge by the Parliament as a Crime.
Here foUoweth the words, and the Lord Vicount Wentvporth's An-
(wer in his Defence , for it were unjuft to (et down the Crime, and
not the Defence of the Accufed, although it be a Digreflion in point
of Time.
To prove the words the firft Witnels that was produced did te-
ftify^
That when Sir Thomas Leyton was Sheriff" of lorkjlme^ in the
Year 1632, he heard the Earl of Strafford fay thefe words, That feme
nothing would content but Law 3 htt they fiould ktioxf^ the King's little
Finger fjould be heavier than the Loins of the Larp : and that this was
fpoken in the place where the Judges fat in T^ry^Caftle, at the Aflizes
that Year.
And the High Sheriff" himfelf being produced, teftified, that his
Lord Qlip laid, Some xponld not be fatisji'ed but by Law, but they Jtmtld
fjave Law enough, for they fjould find the King's little Finger Jlmt-ld be
heavier than the Loins of the Law •-, and that his Lordfliip wa^upon the
Bench when he fpake thofe words.
The Teftimony of thele two Perfons, was confirmed in fubftance
by another Witnels, whofe Examination was read, h.imlelf being
dead 5 they all agreed the time when thefe words were fpoken, to be
in the Year 1632, or 1633.
DEFENCE.
L
Hifiorkal Collections.
A7
DEFENCE.
Tlie Dcfcndent knows not whether it be material for him to an-
(vvcr this or no, becaule the words are charged upon him to be fpoken
in J^f'g'^Ji, after the 2 1 of March, 8. C^r. which appears to be when he
Wis \n IrcLwd :, but he will not fband upon fuch niceties, (there
might be a mirtake in point of time) he defiresthe Truth may appear.
The words (aid by him, were quite contrary to the Charge : he laid,
The little Finger of the Law was heavier than the King's Loins. The oc-
cafion of which words was this. There came divers Levies in the
Year when Sir Thomas Lajton was High Sheriff^ for divers great
Sums of Mony for IlTucs in the Knighthood Bulinefs, on fbme that
had compounded, and paid their Mony to him the Defendent, who
was the Receiver of that Mony, which he paid into the Exchequer ■-,
yet thefe lilues came out of the Exchequer by (bme Error above, and
were levied with very great rigor by Sir Thomas Lajton. When the
Defendent came down, he fhewed Sir Thomas Lajton how tlie Men
were injured by fuch Procels, and defired him to return their Mony
to them again, and he would (ee him difcharged. And then to give fa-
tisfaftion to the Country, he told them, That the Commiffion for
Knigkthood-Mony, was a Commiffion of Grace and Favour 5 and
that their compounding with the King was an eale to them, and much
greater ea(c than by a proceeding at l,aw would have fallen on them,
the very Illues being three or four times more than they had com-
pounded the whole for. And thereupon I applyed that Speech, The
little Finger of the Law is heavier than the Loins of the King ; and if
he (hould have fallen to threaten, he had fpoken contrary to the end
purpofed by him, which was to incline them 5 and none of the Wit-
nefles ngainft him fpake any thing to the occafion of that Speech. It
is long fince thele words were fpoken, and they were never yet com-
plained of, and he muft have a ftrong Memory, that will fwear pofi-
tively to the very words fpoken (even or eight years ago •-, and ought
to have better ears than one of the Witneffes produced, who appears
to have fuch an infirmity in his hearing, that he muft be whooped to
at the Bar before he can hear ^ and fure his Sence of Hearing is much
amended, elfe he could not hear my Lord o^ Strafford at that diftance,
to the place where he (at as High-Sheriff in open Court. Then he
produced two Witneffes, the one teftified that he heard a Gentleman
of the County (ay, who was prefent at that Aflizes, that my Lord
fpake the words in manner and occafion, as related by his Lordfhip 5
and another Witnels (now a Member of Parliament) who was prefent
at that time upon the Bench teftified the (ame.
T^EP LT.
Though as to point of Time the Month was miftakcn in the Arti-
cle, yet that is not at all material, the Otfence is. That his Lordfhip
fpake the words, and that he was on the Bench when he fpake
them.
As to his Lordlhip's exception to the Witnefs, which he faid had
need have better Ears ^ it was replyed, he had not bin deaf above
two Months 5 and that two other Witnedes concurred fully in the
V 2 Point
8 Caroli.
Hisforical Collections.
Concerning
ereedy Cor-
njoranis and
Hoiidcrs of
Com, forbid-
ding t(.) t anf-
porcany Corn.
Point with his Teftimony. And for the firft Witnefs produced in his
Lordfhip's behalf, it is but a Hearfay from one that ifpake it at the
Table.
Hereupon the Shiriffwas again interrogated, who teftified upon
Oath, That he had his Hearing well till about Chrijimafs laft, and
{aid, he ftood within four yards of the Earl oi Strafford when he fpake
the(^ words at T</r4 Affizcs.
Two other Witnefles were produced, who teftified the forementi-
oned words to be fpoken by his Lordftiip, the firft whereof gave an
Account of the Occafion.
In Anfwer to this new Teftimony the Earl faid. That the Point he
muft infifl upon is. That the verj vpords, ^f ^^^J ^^'^ bee^Jpoket? hy him
as they are laid, arc no Treajon within the Statute, atid that being a Point
of Law, he crowed leave to rejervc himfelfto be heard by bis Cotwfel in a
fitting time.
Then faid the Gentleman that managed the Evidence againft him,-
Your Lordfhip may be pleadd to take notice, that there are five Wit-
nelles exprefs in the Point. Upon which your Lordlliip's Judgment is
expefted.
Confiderations being had the ^oth o^ September, of the manifold
evil Piaftices, which for private Gain are too often put in pradice,
as well by Hoarders of Corn, as by Merchants and others, to enhance
the Price thereof, which appeared in the time of the late Dearth : And
yet falle Rumours are fpread and divulged of great Traniportation of
Corn, licens'd by Authority, to the difnonour of the King and State ^
It was then declared by King and Council, ' That all the faid Rumours
' were moft falfe, untrue, and Icandalous, and the penalty of the Laws
' was ordered to be fcverely inflifted on the Divulgers the reof^ with
' a ftrift Prohibition that for the {pace of one Year no Corn or Grain
' be Tranfported , to the intent that the Plenty which then was,
' might not be turned to the enriching only of a kvf greedy Cormo-
' rants.
Counterfeit-
ing of Seals
ufually affixed
to CoUhe/ier
Bays,
One Thomas Jupp, a Clothworker of the City of London, being on
the I2th oWclober at Bar of the Court o£ Star-Chawher, his Majtfty's
Attorney-General, Mr. Noy, informed the Court that he had taken
the Examination of the {aid Thomas J»pp, concerning the Counter-
feiting of Seals affixed to the Bays ofColcheBer, and the fixing them to
other Bays of meaner conditions and fhewcd forth certain iron Stumps,.
and pieces of Bays fealed with Counterfeit SeJs, put to Bays not of the
makingof C^We/^er, but ofle{seftimation. And his Examination be-
ing read in Court, and he confefling the truth thereof 5 The King's
Attorney-General prayed that {bme exemplary Punifliment might be
inflifted upon him. Whereupon the Court did declare in thefc terms,
' That the Offence of the {aid Thomas Jnpp is a talfc Cozenage andDe-
' ceit to the Buyers, and a Prejudice to the Sale of their Clothes ^ and
' therefore the Court doth adjudg and decree the fiid Thomas Jnpp to
' be committed to the Fleet, fined a Thoufand Pounds to the King,and
'be fet upon the T^il/ary in Cheapjide, with a Paper in his Hat, decla-
' ring the nature of his Offence i and alfb to be {et upon the Pillory
' at Cornhil-Exchange, Blaekvpell-Hall, Bucking, and Colchcjier, upon fe-
'veral Market-days, with the like Paper on his Hat.
Now
Hijlorkal Qollections.
I AC
49
Now forafinuch as the Decree of the Court in this Cafe is drawn
up with great care, to prevent the like Abu(e for the future 3 We
have inferted the fame at large in the Appendix.
Whereas by the Statute made in the Reign of King Henry the ^th^
prices of Victuals are appointed to be Rated in fuch manner as in the
faid Statute is declar'd ; but it is manifeft by the laid Statute^ Corn
is none of the Viduals thereby intended. Neverthelels Ibme ill-afFefted
perfons endeavouring to bring a charge upon the Subjefts, contrary
to Law, did lurmilc, that the prices of Corn might be rated and (et
according to that Statute, and thereupon great gain might be railed to
his Majefty by Licenfes and Difpenfuions, for lelling Corn at other
Prices : and a Command from his Majefty being procured to the
Judges, and fent to them by Mr. Noy^hxs Majefty 's Attorny General,
to deliver their Opinions touching the Queftion, Whether Corn was
fiich Victuals as was intended to have the Price rated within the fiid
Statute ? In anfwer to which Demand, Sir jR. B. one of his Majefty's
Jufticesofthe Kj»gs-Bend\\n furtherance of the laid unlawful Charge
endeavoured to be impofed, as aforefiid,the 3cth day o'i November^ in
the eighth Year of his then Majefty's Reign, did deliver his Opinion,
That Corn was fuch Victual as was intended to have the Price rated iviihin
the faid Statute. Which faid Opinion was afterward declared by Par-
liament to be contrary to Law, and the plain fenle and meaning of the
iAxd Statute^ and contrary to that Judge his own knowledge 5 and the
Parliament afterwards, among other things, impeached him, That this
"Judgment w^fs given and delivered by him with a purpofe and intention^
that the faid unlawful Charge might be impofed upon the SuhjeU.
' The King taking into his Confideration,That the ordering of Coin,
and the value of Coin within this Realm pertaineth to his Majefty, as
a part of his Regahty^ and that the making andallowing of Weights
and Counterpoiles of Current Money, whereby dilcovery ftiall be
made of the Juftnels thereof, is proper to the King ^ And that many
Complaints have bin made of many and great Abufes daily committed
within the Kingdom ^ That divers Counterpoids of the King's Mony
of Gold, (commonly called G^^/fW^e/g/i^/ ) and Beams and Ballances
for the poifing ofthofe Moneys,are made and put tofale, marked with
the King's Enfigns, yet are not equal and juft, whereby the Subjefts
are deceived.
'Wherefore forRedrefs of iiich Abufes, and that the Beams and Bal-
lances maybe equal, the Kings Majefty hath taken into his own hands
the making, aflifing and ilTuing of thofe Counterpoifes, or Weights
with Grains 5 and hath appointed Sir Thomas .Ailesbury to have the
Ible making and putting to fale thofe Gold Weights^ ordered to be
of a round and circular form ^ prohibiting all others to make any of
them, other than fuch as fhall be licenfed by the faid Sir Thomm Aiks-
hury^ who is required to take care that the faid Gold Weights & Grains,
or half Grains, fliall be made fo as the whole Kingdom may be fup-
plied therewith. And that the Offenders againft this his Majefty's de-
clared pleafure (hall be proceeded againft in the King's High-Court
of Star-Chamber, or elfe where.
At this time there was fuch plenty of Gold in the Kingdom , and
fuch Icarcity of Silver, that the Drovers and Farmers, who brought
their
8 Carol i^
A Compljinc
agaiiiil a Juilg
tor dclirerin^
an Erronious
opinion about
the Ijcting Pri-
ces upoa Ctm.
Dtcemh. 70.
Concerning
Gold-Wei 'iits
15
o
Hisiorkal Collections,
Coiiccining
the Plenty of
Gold.
The Feoffees
liifirumentsfor
I.sifrepnattcns
called ill que-
iHon in the
Excheqiie'.
William Noy,
Attor. Gen.
Plantiff.
The Informa-
tion.
The Defen-
dentt Anlvver.
their Cattel,Sheep and Swine to be fold in Smthferld, would ordinarily
make their bargain to be paid in Silver, and not in Gold , And befides
in this time people did ordinarily give two pence, and fometimes
more,to get twenty (hillings in Silver for the exchange of aTwenty-ftiil-
ling piece in Gold full Weight.
And in and ahont London and Wejlminjler^ as well as in other parts,
moft people carried Gold Scales in their pockets, to weigh Gold on A\
occafions, and had them from that Office for that purpofl- ereded,
The Biftiop oi^ London, as is already mentioned, having formerly
projefted the overthrow of the Feoffees for the bming in "of Impro-
priations, as the main Inftruments of the Puritan Fad ion to undo the
Church •■, The Caufe was brought by Information into the Exchequer^
by Mr. Nay the Ring's Attorny General, P/jw^t^, againft William Goiigh,
T^chard Sjbbs, Giles Off-pwg, John Damport, Clerks. Sir Tl.o. Crew,
Knight 3 Robert Eyers, an Apprentice of the Law 5 John White, Sam.
'~BroTVf7, Utter Barrifters at Law. NichoLts Rainton, Alderman of Lon-
don. John Gearing, T^ch. Davies, George Harrvood, Franc if Bridges,
Merchants 5 Wiliiam Lenian , Thomas Foxley, Clerks ; and Mr. Rrtce,
Defendents.
The Information was to this cffed.
' That fince the tenth Year of the Reign of the late King, thefe
' Feofiees, to the intent to procure into their hands divers Manours,
'Lands, and Tenements, Reftories, Tythes, Oblations, and S ums of
' Money, which well-difpofed People (hould give to the fuftaining
' and endowment of Perpetual Vicars, having Cure of Souls, and other
' Charitable Ufes , did of their own Authority ereft and make them-
' felves into a Society, or Body Corporate, called fometime by the name
' of the CoUcHors of St. .yfntholins ^ and ufed to hold AlTemblies and
' Councils, and make Ordinances, appoint Regifters and Aftuaries for
'their doings: And have gotten into their hands Sums of Money, in-
' tended by the Donors for the forefaid Pious Ufes; With part where-
' of they had purchalcd divers ReCtories , Tithes, Prebendaries, Lands
' and lenements, theRemonftrances whereof are regiftred in a Book,
' and had not imploied the fame as was intended by the Givers, as by
' Law they ought.
Mr. Attorney further (hewed, That it did appertain to his Majefty's
care. That fuch Donations for Augmentation of Divine Worfhip and
Publick Works of Charity, be not withdrawn, diminiihed, or m\C-
imployed, but be rightly diftributed ; and that an Accompt thereof
ought to be made to his Majeily in this Honourable Court, or elie-
where. That without the Writings, Evidences, and Regifters remain-
ing in the cuftody of thefe Perfons, or their Officers, there could be
no perfeft Charge whereon to make an Accompt. Wherefore for
di(covery of what Lands, Goods,Chattels, and Sums of Money, had
come into their hands,and how the lame were imploied, and what E-
videnccs and Regifters remained in their keeping ; and for an Accompt
to be made of the diftribution of all •■, He prayed Proccfs of Subpwna
againft them to appear in this Court.
The Defendents appeared, and made Anfvver, ' That they believed
'■Impropriations in the pofTeflions of Lay-Men , not imploied for the
' Maintenance of Preachers, was a great damage to the Church of
England ;
Hiflorical Collections.
51
' England 5 and that the purchafing thereof for the maintenance of
' Divine Service and Preaching, is a Pioui> Work. And that as divers
' Men may by the Law join in the purchafing of Manours and Lands,
' fo without offence of Law they might confer how they might raife
' Moneys out of their own Purfes, and from their Allies and Friends,
' to purchafe Impropriations for the maintenance of Worthy, Painful,
' and Conformable Preachers 5 and that the Lands and Revenues were
' fufficiently conveyed unto T^chard Stocks Alderman Hoykj^, Chri-
^Jiophef Sherlavd, deceafed, together with themfelves.
' That they referr'd themfelves for the feveral States and Ufes there-
' ofi to the feveral Jbceds, WtlJs, and Declarations concerning the fame.
' That the Donors of the Moneys, being many, gave the fame towards
't he buying of Impropriations, Maintenance of Preachers, and fuch
' other good Ufcs, as the Defendents fhould think meet, and not for
' the Endowment of Perpetual Vicars. That they had not converted
' to their own ufes any of the Moneys, or other things given or pur-
' chafed. That they had not enafted, or made themfelves a Body Cor-
'■porate, otherwife than they have here fet forth. That to their know-
' ledg they never prefented any to any Church, or Place in their dif^
' pofition, who was not Conformable to the Doftrine and Difcipline
' of the Church of England, and Approved by the Ordinary of the
' Place.
And Sir Thomas Crew anfwered for himfelf, ' That fince Hillary^
' Term lafl, before the exhibiting of the Information, upon the Death
^o£ Chrijiopher Sherland, one of the Readers of Grays-Inn, he was
' moved by fome of the Perfons above-named, to afTift them in the
' Bufinefs, to which he willingly condefcended, and was ready to join
' in fo good a Work, the fame tending to the maintenance of the
' Clergy that had not fufficient Means, and were Conformable to the
' Orders of the Church, and painful and faithful in their Places.
Hereupon it was ordered, that the Books and Evidences fhould be
brought into the Court , which was done accordingly , Upon the
reading whereof, together with the Defendents Anfwer , and upon
hearing of the Caufe debated by the Learned Counfelon both Sides,
the Court declared.
That the Defendents »fnrped upon the K.in£s T^egality, and of their
own Authority affume themfelves into a Body and Society, as if they had
been Incorporated to a perpetual fuccejfion, and made Ordinances and Con-
fiitMtions to eliahlijl} themfelves in perpetuity, as appeareth by this their Or-
dinance.
' That whereas four of them were in the Order of Prieflhood,^«r were
' ProfelTors of the Commen-Law,and the reji Citizens <?/London 5 if any
^ofthemjlmdd die, or be rcmoved,they Jljould eleCl one into his Place of the
^Jame Condition, .y^nd that all thofe that Jljould have the profit c/Irnpro-
' priations,tfr obtain any Ecclejiajiical Prefcntation, fiould be botmd by cer-
' tain Conditions which they had framed. Alfo they chofe among them a
* Treafurer,Secretary, Auditor, and a Common Servant of their Livery,
' and infliHed Mulch upon fuch of them as met not at their Ajjemblies.
That they purchafcd diver fe Impropriations, but never rejioredoneofthem
to the Church, by confening it in Perpetuity upon any Incumbent, but k§pt
them in their own hands, and dijjiofed of the'Profits to fuch Le&urers and
<tMinilters, and in fuch Proportion, aud for fo long time as pleafed them 5
and with other part thereof they bought .Advoufons of Churches, Nomina-
tions
8 Caroli.
judgment of
the Court."
152
Hiforical Collect torn.
The Judgment
of ihi Court.
tiof/s of Le&nrers and Sckoolr,jajiers^ rvhich the Court conceived teas fiot in
the intention of tbofe tkat gave the ^Mony for buying in of Impropria-
tions.
Wherefore the Court tpos of Opinion.^ That the Proceedings of the J)c-
f en dents ivas againfl the Laws and CtiJloKts of the Realm ^ and that they
tended to the dratping to themfelves in time the principal Dependency of
the whole Clergie, that JJjould have rewards from them^ in fiich meafure^
and on fuch conditions as they JJjould fancy, thereby introducing manyNo-
zelties of dangerous Confeqnence, both in Church and Common-\\ ealth^and
making TJfurpution upon his Majejiy's Right, — '—That in not annexing Im-
propriaiions to perpetual hicumbcnts in pnrchafing Advoufons, Nomination
of Iinumhcnts, Le&urers, and Schoolmajiers, and buying and keeping of
Leajes, they had not behaved thcmfelves as they ought to have done^ nor ac-
cording to the Trufc repofcd in them. .And his Majejly having referred
the further examination of thcfi Defigns, intendir/g to qneftion this Mat-
ter in the Star- Chamber, the Court did forbear to proceed to the injtiai^g
of Punipme};ts. Nevertlclefs it was Ordered and Decreed, That the De-
fijidents fiould not fom thenceforth hold any jnore Ajjemhlies, or mak^
Orders touching the Premijcs : Nor make any Alienations or Alterations of
the Ejiates of the afore-mentioned Impropriations, Adzoufcns, Manors,
Lattds, Tenements^ and Leafcs, which pall remain in the Pcrfons in
whom they novo are, till the Lcurt take further order. And as touching the
buying of thefc Impropriations, the Court thought it a pious Work^z, but the
difiribution of the Profts, as is before declared, would have grown to a
great inconvenience, and prejudicial to the Government of the Church. And
his Majejly's Pkafure was made k>'Own, That wkatfoevcr had, bin thu^s be-
Jhnred, Jbould be imploicd wholly to the Good, of the Church, and the
Maintenance of Conformalte Preachers in the right and beji way. And
it ■&as further decreed. That Commijjwns fyould be made to fuch as the
(^ourt jliall nominate, to enquh-c of all Re&aries, Tyther, Impropriations ,
of/d of all Leafes appointed to be fold, and of all Sums of Mony appcirJed
to be given prthe purchafing of Impropriations ••, and upon the Returns
made by thoje Commijponers, the whole Profits thereof flial I be conferred up-
on perpetual Incumbents and their Succeffors, as his Majejiy fiall tl./f-k Jit..
And as touching the Advoufons, when any Churi h becomes vcrd._ the- Kitrg'^s
Majejly flmll prefent , and School-makers JIjuU he placed by his Nomiror-
tion. And the Defendents JImU make Accompt of all Receipts, befjre Jitcb
Auditors as the Court Jliall appoint. And his M.ijeUys Attorney GeneraS
may give them a difcharge, or except againjl the Allowances demanded by
them.
Moreover, the King gave direSion, That the ^rch-Bifwp of Can-
terbury, the Lord Keeper, and other Lords and Pjjf.wps, flmild conflder
whether a Criminal Procefs fmdd be made a<\i. :'fl the Feoffees <? mid, if
fo, then whether in the Court of Exchequer, or Star-chamber ?
Not many days after, faith the Bifhop, Mr. Chancellor of London,
Dr. UucK , brought me word how mi^rably I was flandered by forae
Separatifts ; I pray God give mc patience, and forgive them.
Alfo in February this Year Henry Sherfield Elq^ a ^tnch^vo? Lincoln s-
Inn, and Recorder of Sarum, was cenlur'd in the Star-Chamber, for
taking certain Piftures of God the Father out of a Glafi- Window in
St. Edmonds Church in Salisbury.
The|
Hijlorical C^^lleciions,
53
THe Information was exhibited againft him, and divers other Pcr-
fons, by the King's Attorney General 5 fhewing, That in the
Churches, Chappels, and Sacred Places within this Realm, no prir
vate Perfon ought to alter or innovate any thing in the Fabrick or
Ornament thereof, without fpecial Licence from his Mn jefty, or the
Bifhops in their feveral Diocefl[es,much left deface or diminifli any part
thereof againft their Direftion : but the Defendent, Sherjidd, Re-
corder of New Sarttm, and dwelling in the Parifh of St. Edmonds^
being evil afFefted to the Difcipline of the Church offiw^/^W, and
encouraging (uch as oppole the Government thereof under the Revtv
rend Bilhops ; and the other Defendents, being of the lame Opinion
and Praftice, and of the fame Parifti, did, by Combination, about
January, Atim 1629, irreligioufly conclude to deface and pulldown
a fair and coftly Glafs-Window in the Church aforefaid, containing
the Hiftory of the Creation of the World ; which had ftood there for
Hundreds of Years, and was a great Ornament to the Church. And
the Reverend Father in God, John Lord Bifhop of Sarum^ having
heard the Report of this Purpofe, (ent a MelTenger to Mr. Sherfield,
and the other Confederates, to admonilh them to forbear to put it
in execution , and to that end he wrote a Letter to Sherfield, which
came to his hand. Neverthelefs Sherfield, with the Confederates, and
other riotous Perfons, did, unlawfully, riotoufly, and prophanely
break down that Glafs-Window in fcorn of his Majefty's Govern-
ment and Authority : And when that Prophane Ad was done, they
wickedly boafted thereof, faying. He that had done it, wmld Jlm-tly
takedown all the reji. That by this evil Example, othiT vVicked and
Schifmatical Perfons, ill-afFe(9^ed to the Government of the (Church of
England under his Majefty, are aaimated to ufe the like violent and
aatragioiis Courfes 5 and the pafling by of fuch an Offence, commit-
ted by a Perfon of fuch Place and Quality in that City, and by a
Combination of other Confederates, being alfo Perfons of Note,
would be of perilous Example.
J^r. Sherfield put in his Anfwer onMzy lo following.
THat the Church of St. Edmonds in SalisbMry, about the Reign of
K ing Henry the Third, was ordained to be a Collegiate Church, to
confift of a Provojl and thirteen Prieiis, who were to dwell in a Col-
lege-Houfe adjoining to the Church-yard, having a certain Revenue
appointed to the maintenance thereof 5 which continued in Succeflion,
and the Priefts attended the Service, and celebrated Maflbs, and Di-
vine OfHces and Rites to the Parifhioncrs of St. Edmonds Parilli. This
College and Collegiate-Church , with, the PofTefTions and Revenue thereof
came, tjy A^ of Parliament, into the Hands o£ King Henry the 8 fh,
and remain'd in the Crown till the jt-h of King ^ames. About which
time the King by Letters Patents under the Great Seal, did grant that
Church by the Name of the Rcclery of St. Edmonds Appropriate, as
Parcel of the PofTefllon of the late College of St. Edmonds, unto
./Anthony Gooch, and William Lloyd, and their Heirs •-, who within, or
aboiat the fame Year, conveyed the Church unto John Baily and his
Heirs 5 vvho, together \w\th John "^eckingham, in the Year following,
did convey it unto IBartholometP Tooky, one of the Defendents, and
X to
8 Carcli.
I he liitoi nu-
ll on ill Star.
VhamLer a-
g.iinlt Henry
She, f eld Ef^-,
a I'eiul'cr of
Liricalns-Inn.
Mr. Sherfild'i
Defence.
154
Hisiorkat Collections.
An. l6;2.
to his Heirs, except the Church-Yard, Ditch, and Walks about the
(amc, and Trees growing thereupon: Which excepted Premifes,
Giles Took^r Eicj;, and Edward his Son, have ever fince enjoyed under
''BaiiysT\t\Q. And that in the i^/Aof King jf^we/, the Defendent
Tooky did agree for a competent Sum of Mony, to inftate and con-
vey the Church, for the behoof of the Parifhioners of St. Edmonds,
for ever ^ and made them an Inftrument of Conveyance, by virtue
whereof the Perlbns intrufted were feized of the Church, as of ^
Lay-Fee upoii Truft.
That the Church is a Lajr-'Fce, and hath fo continued ever fince it
fell to the Crown :, and that from the (ame time it hath bin legally ex-
empted from the Jurifdidtion of the Biftiop of the Diocefs 5 and the
Defendcnts, with the reft of the Parifhioners, had lawful Power,
without fpecial Licence from the Bilhop,to take down the Glafs of the
Window, and to make up the fame with white Glafs.
That according to the Orders and Agreement of the Parifhioners
made in the Veftry, the Steeple of the Church hath bin taken down
and turn'd into a Tower , and alfo a part of the Wall hath bin taken
down, to fet a Glafs Window in the room ; and the Glafs of other
Windows hath bin taken down to fet up new. The Reading Place hath
bin removed from the Qiure into the Body of the Church, and the
Pulpit from one place pul'd down,and a new one fet up •, which Altera-
tions were done, from time to time, by the Parifhioners Agreement
and Order, without fpecial Licence from the Ring, or his Royal Pre-
deccflbrs, or the Bifliop of the Diocefs, and that fundry of them we?e
made in the time of the Biihop that now is.
That it was agreed, by an AfTembly of the P^ifhioners in the Ve-
ftry, Jat7»arj the 16th, 1629, That the Defendent might take down
the Glafs mentioned in the Information ^ and about the time therein
mcntion'd, he took down fbme fmall Qyarrics of the Glafs, that the
Glafier might know, that that was the Window to be made new, and
not any other.
But the Window yet remaineth, with a few Holes therein, Co that
the defcribed Story may be plainly difcovercd : That it was not fair,
nor coftly, but of very rude Work •■> that it was but of four Lights
only, and not any of the fair Windows of the Church •-, that the pain-
ting thereof, when it was made, did not coft above forty fliillings j
and that he (hall be ready to new make it, according to the Order of
the Veftry. He denieth all Confederacy with the other Defendents,
and the riotous breaking of the Window : for that he took down a
few fmall Quarries in a quiet and peaceable manner.
And whereas his Religion and Fidelity to Almighty God, and his
Duty and Allegiance to his Sovereign Lord the King's Majefly, are
brought in Queftion ; he faith. The true Bifiory of the Creation of the
World vpastwt co}7taincd in that Window^ out a fuljc and impious Defer i^-
tion of the fame.
The Painter, to exprefs God the Father, had painted the Forms
and Pictures of divers little old Men feeming bare-footed, and cloathcd
in long blew Coats 5 and fb fetting forth every of the fix days Work
of God in the Creation, he had diflinftly placed one fuch Pidure of
an Old Man, made to reprefent the Creator of Heaven and Earth, in
fix feveral places , with the joining near to them the likenefs of fbme
created Thing, to denote thereby what was made on each of the fix
days :
Hijlorkal QoUections,
I
55
days : And to (hew the third days Work, he had painted the Sun and
tlie Moon, which were created the fourth day, and had placed in the
Hand of one of thofe Pictures, reprefenting God the Father, the i\-
militude of a Carpenter's Compafs, as if he had bin compalling the
Sun, to give the true proportion thereof To exprefs the fourth da\ s
Work, he made the Hkenefs of Fowls of the Air flying up from
God their Maker, whereas God created them on the fifth day. To
exprefs the fifth days Work, he painted the fimilitude of a Naked
Man lying on the Earth, as it were afleep, and fo much of the fimi-
litude of a Naked Woman, as from the Knees upward, (eeming to
grow out of the fide of a Man, whereas God did create Man on the
fixth day •■, neither did the Woman grow out of the Man's fide, but
God took a Rib from the Man and made it a Woman. To reprefent
the feventh days Story, he painted the feventh Pidure of a little old
Man, to refemble God in the habit of the other fix, but had formed
it fitting, to reprefent God's Reft.
That this was an impious Falfification, and prophane abufe of the
Hiftory : and he holdeth it ungodly, and altogether unlawful to
frame any Image or Similitude of God the Father, Creator of Heaven
and Earth, and the firft Perfon of the Holy Trinity 5 and that it is
more ungodly and prophane to let up any fuch Image or Pifture of
God the Father in the Windows, Walls, or other parts of any Church
dedicated to the Service of Almighty God,, which he hopeth he fliall
be able in moft humble manner to make appear to the Court, by the
Holy and Pure Word of God,fet down to us in the Books of the Old
and New Teftament ^ by the Canons of fimdry Ancient Councils of
the Church of Chrift 5 by the Decrees and Mandates of fundry of the
Chriftian Emperors 5 by the Opinions and Writings of many of the
Ancient Doftors and Fathers of the Church ; by many Godly Wri-
ters of our Church, fince the time of Reformation of Religion within
this Kingdom ^ fundry of whomdid Seal their Belief with their Blood ^
by the Works of (undry Godly Writers of our Church, yet living,
whereof (bme are now Reverend Biftiops ; among whom the Defen-
denthath caufeto rely, in a fpecial manner, upon the Doftrine of
his Learned Diocefin, the now Lord Brftiop of Sarum^ in his Expofi-
tion on the Epiftle to the Colojfians^ pag. 97, and 98. Alfo by the
Royal Determination of King James , in his Pr^vwmtioK to all Migh-
ty Monarchs, Kings, Princes, and Free-States of Chriftendom.
That the lame his Belief, is according to the Doftrine of the Church
o^ England, eftablifhed by Aftof Parliamient, i':^. Elizahethtc^exprtC-
led in the Book of Homilies, let forth by Authority ^ That the Pi&itres
of God were ^lonuments of Superjiition, and ought to have bin dejiroyed
by the Statute made 5, and 4, Ed. 6th. That Queen Elizabeth, Aiino i.
according to an Aft of Parliament then made, for the fiipprelTing of
Superftition in all her Dominions, did publilh her Injunftions, where-
by all that had Cure of Souls, were commanded to inftruft their Pa-
ri(hioncrs to deftroy all the Piftures and Monuments of Idolatry and
Superftition 5 that no memory thereof might remain in Walls, Glals-
Windows, or clfe-where. And that it was to be enquired of in the
Vilitations, Whether all Images, Piftures, Paintings, and all other
Monuments of Idolatry were removed ? And that the lame Injunfti-
ons being grounded on the Statute i.Eliz. are yet in force. Alio
that the fame was lawful by the Canons of this Church, fct forth 1-5,
X 2 . El7Z.
8 Curoli.
56
Hisiorkal Collections,
^M. 1632.
and all the
Noy, jittar.
Regis V. Shef-
field, Armig.
Defacing a
Church Win-
dow, by coloir
of a Veilry
Order.
%
Eliz. and agreed upon by the Arch-Bi(hop of Cafiterktry
other Biftiops of that Province.
And befidcs the Indignity and Contempt offer d to Almighty God
by fuch unworthy Refemblances of his Majefty, and Deity, in the
forefaid Window, there was a Speech, That fome ignorant Perfons
had committed Idolatry, by bowing before the lame R.e(embl<inces of
God.
Laftly •-, He denied that he was ill-affefted to the Difcipline of the
Church of England^ or had encouraged any, to his knowledg, to op-
pofe the Government thereof under the Reverend Biflnops , or that
the Biftiop of Sarum did fend any Meflenger, or write any Letter
to him, to admonifti him to forbear to put the Agreement of the
Veftry in Execution , or that any fuch Meflenger, or Letter, came to
him 5 or that his Lorfliip, though he had fr^eqUent Conference with
him, ufed any Speech touching his Pkafure to have that Window
ftand as it was, or not to be taken down.
Upon the hearing of the Caufe, the Court pronounced Sentence
againft Mr. Sherfitld 3 fome Lords wf re to fine him K)Oo /. to the
King, but the greater part only 500 /.
rpat^c*Sherfield fl)oufij befineU 500 1. mm be remoDea from
t6e Eccosietdbip of t^t Citp , mafee a publick acfenotuleCff^
ment of W f atilt, aim be bouim to W <©ooti 05el)ai3iour»
And for further fetisfaftion, take the Words of the Decree, as it
was entered in the Regifter's Book of that Court.
' '"pHe Defendent being troubled in Conlcience , and grieved
' A vvith the fight of the Piftures which were in a Glafs VVindow
' in the Church of St. Edmonds in Nevp Sarum, one of the (aid Pi-
' ftures, to hisUnderftanding, being made to reprelent God the Fa-
' ther^ did procure an Order to be made by the Vertry, (^'hereof him-
' (elf was a Member,) That that Window fhould be taken down,fb as
' the Defendent did at his own Charge glafe it again with White Glafs.
' And by colour of this Order, the Defendent, without acquainting
' the Bifhop or his Chancellor therewith, got himfelf into the Church,
' made the Doors faft to him, and then with his Staff brake divers
' Holes in the laid Painted Window, wherein was defcribed the Crea-
' tion of the World 5 and for this Offence committed, with negleft
' of Epifcopal Authority, from whom the Veftry derives their Au-
' thority, and by colour of an Order of the Veftry, who have no power
' to alter or reform any of the Ornaments of the Church, the l!)efcn-
' dent was committed to the Fleet, fined 500/. and ordered to repair
' to the Lord Bifhop of his Diocefs, and there make an acknowledg-
' ment of his Offence and Contempt, before luch Perfons as the Bi-
' (hop would call unto him.
At the giving of the Cenflire of the Court, the Bifhop of London
fpeaking in favour of the Painter, mentioned a place in Scripture,
where, faid he, God is called the ^indent of Days, which might make
the Painter of the GlaG miftake. To which Edward Earl ofDorJet re-
plied. That by that Text was meant, God from Eternity, and not God to
bepi&ured as an Old Man, creating the World veith a fair of Compajfes.
Confidering
Hijlerical Collections.
57
Confidering the difference of the Rates at which Wines are fold at
this prefent, from what they were in this Year 1632, and formerly ^
it may not be ufelels or ungrateful to the Reader, to fet down at large
the Cof^tents o^ ^Proclamation., bearing date the iQth oi Fcbritarj 1632,
by which will appear the Refpcftive Prices at which Wines were to
be fold either in Grof^ or by Retale, throughout this Kingdom.
'Whereas by the Statute made in the 28th Year of the Reign of
' King Henry the Eighth for Pricing of Wines, it is provided, that the
' Lord Chancellor., Lord Treajiirer, Lord Trefident of the King's moft
' Honourable Trivji-Conncil, Lord Privy-Seal, and Lord Chief-Jtijiices
' of either Bench, or any five, four, or three of them, (hall have Pow-
' cr and Authority by their Difcretions, to (et the Prices of all forts of
' Wines, as in the faid Statute is exprefled. In purfuance whereof
' the Lord Keeper of the Great Seal of England, the Keeper of the
' Privy-Seal, the Lord Chief-Juftke of his Majefty's Bench, and the
' Lord Chief- Juftice of the Common-Pleas, the 2 8^Aday of December
' laft pafl:, did order,That Canary Wines, M»fcadal and Ahcant, (hould
' be fold in Gro(s for Sixteen pounds the Pipe, and at Twelve-pence
' the Quart by Retale 5 Sacks and CMallegds at Thirteen pounds the
' Butt in Grofs, and Nine-pence the Quart by Retale. The belt Gaf
' coign and Frew^- Wines at Eighteen pounds the Tun 5 and the Rochel\
' Wines, and the other (mall and thin Wines, at Fifteen pounds the
'Tun in Grols, and Six-pence the Quart by Retale -, and according to
' thole proportions for greater or lelier quantities, either in Gro(s or
' by Retale. * And that none pre(ume to (ell at higher Prices, during
' the next Year then en(uing , whereof the C/er^of the Crown was to
' take notice, and to (ee the (ame proclaimed the then next Term in
' the Chancery, according to the Statute. And accordingly there hath
' been Proclamation made the firft day of Hillary Term, being the
' 23^/ day of January laft.
' Now that all cau(e of Excu(e may be removed from (uch as inha-
' bit in remote parts of this Realm ^ and that (uch as ftiall be found
' Delinquents herein may acknowledge their own wilfulne(s,the caufe
' of the Danger and Penalty they fall into after double Adverti(ment5
' His Highnef's Will and Pleafure is, and by the Advice of the Lords
' and the reft of the Pr7vy-CoHncil,accoTd\ng to one other Statute made
' inthat behalf in the Fourth Year of the Reign of his moft noble Pro-
' genitor. King Edward the Third, by his Royal Proclamation doth
' publi(h and declare. That for one Year next following, Canary Wines,
' Mufiadals, and Alicants be fold in Grots at Sixteen pounds the Pipe,
'and at Twelve- pence the Quart by Retale; Sacks and Mallagoes ^.t
' Thirteen pounds the Butt in Gro(s, and Nine-pence the Quart by
' Retale. The beft Gafcoign and French-Wines at Eighteen pounds the
' Tun in Grofs, and Six-pence the Quart by Retale ; and the RocheJ-
' Wines, and other fmall thin Wines , at Fifteen pounds the Tun in
' Gro(s, and at Five-pence the Quart by Retale j and according to
' thefe Proportions for greater or leflTer quantities, either in Grols or
' by Retale. Which Rates and Prices his Highnefs's Pleafure is, (hall
' be duly obferved in all his Ports, and other places within this Realm
' where Wines are landed, and within Ten miles of tho(e Ports and
' Places.
' And it is His Majesty's Pleafure, That in all Places where Wine by
Land-
8 Caroli.
Prizing of
Wines.
158
Historical Collections,
.//a/. 1632.
Mdrch ai.
CommilTionto
the Lord/'r«-
fident & Coun-
cil in the
North.
' Land-Carriage fhall be conveyed more dian Ten miles from the next
' Port, the (everal forts of Wines aforelaid (hall and may be fold ac-
' cording to the Rates aforefud, allowing Four-pounds the Tun, and
' one penny for the Quart for the Carriage thereof upon Land every
' Thirty miles, and according to that proportion, and not at greater
' Rates ^ ftriftly charging and commanding fuch of his Subjects, and
' others whom it may concern. That none of them, during the time
' aforefaid, prefurae to fell any of the (aid Wines in Grofs, or by Re-
' tale, at higher Rates than by his Highnefs's Proclamation are appoint-
' ed, under the Forfeitures and Penalties mentioned in the faid 5"^.'-
' tiite^ and other Laws and Statutes of this Realm ordained in that be-
' half, and fuch further Pains and Penalties as by the Laws and Statutes
' of this Realm can or may be inflidted upon the wilful Contemners of
' his Majefty's Royal Command and Proclamation •-, Requiring and
' commanding all Majors, Jnfiices of the T^eacc, 'Bajhffs, CfiJio»iers,
' Comptrollers, and other Officers of Our Ports, and all others whom
' it may concern, diligently to attend the execution of this Our Plea-
' fare, and to give Information to the Lords and others of the Privy-
' Council, of the Delhi quests, that they may be proceeded againft, and
' receive Puniftiment according to their Demerits.
A Commiffion iffued forth under the Great Seal of England, with
certain Schedules of Inftrudlions thereunto annexed, and direfted to
Thomas Lord Vicount Wentrvorth, and other the Commiflioners therein
named 5 whereby, among other things, Power and Authority is com-
mitted to them to hear and determine all Offences and Miflemeanors,
Suits, Debates, Controverfies and Demands, Caufes, Things and Mat-
ters whatfoeyer therein contained, and within certain Precinfts in
thole Northern parts therein (pecified.
Among other Matters in the faid InlintUions, it is diredtcd. That
the (aid Prefident, and others therein appointed, (hall hear and deter-
mine, according to the Courle of Proceedings in the Star-Chamber,
divers Offences, Deceits and Falfities, whether the fame be provided
for by Aft of Parliament, or not , fo that the Fines impolcd be not
leis than by Aft or Afts of Parliament are appointed.
The faid Trejident, and others therein appointed, have Power to
Examine, Hear , and Determine, according to the Courfe of Pro-
ceedings in the Court o^Chancery, all manner of Complaints for any
Matter within the (aid Precinfts ; as well concerning Lands, Tene-
ments, and Hereditaments, either Free-hold, Cuftomary, or Coppy-
hold, as Leafes and other things therein mentioned -^ and to (lay Pro-
ceedings in the Courts of Common-Law by In)unftion;'or otherwife,
by all ways and means, as is ufed in the Courts ofChancerj.
And that no Prohibition be granted at all, but in Ca(es where the
Prefidcnt and Gotincil (hall exceed the Limits of the faid Infiru&jons :
And that if any Writ of Habeas Corpus be granted, the Party be not
difcharged till the Party perform the Decree and Order of the (aid
Council.
Afterwards, upon the 24/A of March 1640, the (aid Lord V^icount
JVentivrrth, then Earl of Strujford, and Lord-Lieutenant of Ireland,
being Impeached in Parliament, one Article was, his procuring the fiid
Commijjion to enlarge hk Power, &c. And the (irft thing given in Evi-
dence of this Charge was the Commiflion granted to the (Iiid Earl,
dated
■ ■! I ■ ■■! ■ I .1.. M ^— g^^^,^,^^^^^
ttijlorical Collection!.
159
dated 21 Martji 8 Car. and the 19th Itijlru&ion authorizing him to
hear and determine according to the courfe of Proceedings in thsStar-
Chamber, and to impofe Fines, C^c. Co as they be not lels than by the
Aft of Parhament is provided. The 23^ In^iru&jon wasaUb read,
whereby Power is given by Injunction to ftay Proceedings in any
Court of Common Law : and the 2^th InjirH^ioti, whereby Power is
given to fend the Serjeant at Arms, and attach in any part of the
Realm: and the 2 9/A /»/?r«^r^«, wherein it is expreffed, That no
Prohibition be granted in the Courts of Wefitnbtjier to ftay Proceed-
ings in the Court at 3V4, but in Cafes where the Court of the T^refi-
detjt (hall exceed the King's In^rudions 3 and if any Habeas Corpus
(hall be fued forth for not performing the Order of that Court, the
Party committed not to be difcharged fb long as (uch Orders (hall ftand
in force : and if any Fine be thereupon eftreated , the Treafurer and
'Karons of the Exchequer to difcharge it. Then they defcended to pro-
duce Teftimony concerning the Earl (ending a Procels actually before
thole Ciaufes were granted j and procuring the Clau(es to be (upphed
when he found the Defeat.
The firft Witncfs did teftify. That his Father Was arrefted in London
by aSerjeant at Arms in Novemb. 1632, and was kept eighteen weeks,
and conceiving it to be out of the Jnjiru&ions^ did appeal to the Coun-
cil-Tdbk 5 That the Earl of Strajford being prefent, fell on his Knees,
and be(bught the Ring, That if his Inftruftions might not be fo good
as to bring in a Delinquent that had affronted the Court, if by ftcp-
ping over the Water he (hould go beyond the Precind of it, he might
leave that Service, and lay his Bones in his own Cottage.
Another Witnefs did al(b teftify the (aid Arreft and Imprifbnment.
As to the matter oC Prohibition^
A Witne{s was produced in the Cafe between (3iufgrave and Vuhx^
who (aid, That notice being given that a Prohibition was procured by
Vaux, and an Affidavit made that the fame was (Jerved j a Warrant
was direfted to the T^urfevant to arreft the Party that procured it 5
who being arrefted,and re(cued, another Warrant was direfted for the
bringing of the Refcuers from London j and they were accordingly
brought to 21?r4, and there imprifbned, and an Information was ex-
hibited againftthem by Sir George T^tcliff^ihi&n the King's Attorney at
Tork,. This matter of Prohibition was referred to Mr. Juftice Hutton
and Sir Robert Heath^y the confent of the Parties that were in Suit at
Torkj: but the Lord Prefident being acquainted with it, the Reference
went not on that Term, but ftayed till the Prefident's pleafure was
known. The (aid Witnefs depofeth. That the Lord Prefident did fur-
ther (ay. That whofoever brought a Prohibition there, he would lay
him by the heels.And that as touching the Reference, his Lordfhip (aid,
It was a Caufe that concerned the JuriBiftionof the Court of Tork^^
and no privat Man (hall end it 3 he would try the Jurifdiftion, and
would go to London and acquaint the Judges with it, and if they re-
manded the Caufe back again, fo , if not,he would appeal to the King
in it. That the Lord Prefident and Judges had feveral Meetings, but
could not agree. And the JudgesTpeaking fome things concerning
the Prohibition granted to Vaiix : the Lord Prefident replied, he
(hould not be in England,b\it he would have his body,or words to that
purpo(e. Then a Counfellor at Law was produced, who teftified
that Judg Hutton acquainted him, that the Lord Prefident was angry
with
8 Caroli.
6o
HiftoYical Collections,
^«. i6;2. {with him for granting Prohibitions, which the Judg fpake with a
v-i^'V''^ ! great deal of Paffion, to fee things carried in that manner s and did
further teftify, That underftanding the Lord ?refident was angry
with him the Deponent for moving for Prohibitions, he went to wait
upon his Lordftiip, who faid unto him, I have nothing to fay to you,
you ate one tb^t oppofe me, but for the present I have eafcd you of
the Office of Jnjiice of the Peace, fo you need not trouble your felf
with that.
1 That afterwards his Lordftiip met the Depotient in London.who (aid
untohim,! command you not to depart the Town ■■> and applying him
felf afterwards to hisLordfhip to knov/ hisPleafure,and withal making
great Friends, all that he could underftand by others was. That he was
one that did oppofe his Lordfhip 5 and the Witnefs did conceive that 1
the Fault that he had committed, was, for not paying the Kfrighthood-
ttiony in Torkpire, or for moving for Prohibitions, which later did
oppofe the Authority and Power of the Court of York. And that af-
ter 12 or 14 days flay in Town, by mediation of a Friend, he got
leave to go into the Country, and then he paied the Knighthood-
Mony. And that after this, the Deponent durft not adventure to
move for a Prohibition, nor any that had to do with him in thofe
1 parts durft retain him till of very late, for he knew very well the
' price of my Lord of Strafford's Difpleafure : And he further depofed,
that he was fent for by a Pnrfevant to attend his Lorfhip at Tork^ who
told him. There was an Accufation againft him, but they thdt laid it
were not come to Town, and therefore he muft attend, and that they
were his Betters. That after eight days cuftody in the Purjevant's
\ hands, he was brought to the Council-Table, and his Lordfhip fitting
I at the upper end, commanded him to kneel as a Delinquent j and in
I his kneeling, his Lordfhip was offended, in that he ft.iied no longer
I in that pofture^ and then heunderflood the Matter to be for fpeaking
I fome words at the Seffions in Defence of his Client, about the Tra-
I verfing of an Indiftment ^ the Queftion being, Whether a bare IndiCf-
I ment were Evidence to the Petty Jury .<? He, the Deponent faid,It was no
Evidence, and he defired to appeal to the Judges. Whereupon his
Lordfhip was pleafed to fay. That he would teach him to know,there
were other Men for him to appeal unto, (viz,.) the Prefident and the
Council. Whereupon he was put out, and Diredions fent that he raufl
find Sureties, and make publick Submiffion at the Seflions for faying
I thefe words 5 which he did accordingly. And all this he conceived
originally grew, for that he did oppofe the Turifclidion of the Court
of Tork , and not for any the Caufes pretend^ed.
The other Branches of this Article were waved.
To this he anfiventh.
Firfl: •-, The Inftrudions granted 2 1 Mar. 8. Car. were not procu-
red by him.
Secondly 5 The Commiffion and Inftruftions to the Trejjdent, and
Council of iork-, are of courfe renewed upon the death of any of
the Council of the Fee in Ordinary. And Sir Arthur Ingram going
out, and Sir John Melton fucceeding, thofe Inflruftipns were there-
upon renewed. And as to the execution of the faid Commiffion, from
the date thereof to this hour, the Defendent did never one Aft, or
flaied
Hijlorical QoUectiom.
i6i
ftaied one minute as Freddevt of the Council of Yoi\^ the Commif-
fion was granted 2 1 i^ur. 8. Car. and he went towards Ireland in
July following.
At the firft Inftitution of that Court, it had both a ^/^r-f/^^w^er and
Chancery Power, as will appear by all the Inftruftions before that time;
and if there be one Error in a Judg giving a Sentence, otherwift than
a Man of better Underftanding conceives reafon for, there is no caufe it
fhould be heightned to a Treajbn to take from him his Life,and Honour,
and all he hath, meerly becaufe he was not (b wife a Man as he might
have bin, nor Q) underftanding as another. If this be preffed in
Judges, he thinks few Judges would ferve 5 and for his part, he con-
feflfcth, he had rather go to his Cottage, than be upon thefe Terras.
The Sentence againft Sir Conyers Darcy was juft,andhe complained not
of it 5 and for the Sentence againft Sir John Boiichier, the Defendent
was not at all acquainted with it, being then in Ireland. But thefe two
Matters are not infifted upon, yet it may be from hence obferved,
with what uncertainty Men may fpeak, who do inform in fuch
Cafes. As to the firft Witnefi, teftifying his Father's Commitment at
London, and Appeal to the Council, he faith, That was not in his
Charge ■, and as to the Prohibition granted in the Cafe of Vaux a-
gainft Mufgrave, he fays. That alio was out of his Charge, and he
cannot fay any thing to it but by way of Divination ; and therefore
he conceives that it cannot be able to convince any Man of High
Treafon, hardly of a Trejpafs ; and why the enlarging of a Jurifdidti-
on Ihould be heightned to a Treafbn, he doth appeal to their Lord-
fhips Noblenefs, Juftice, and Honour, to confider; for he thinks
none are in that place of Judicature, but they will defire to enlarge
their Jurifdidion as far as in Reafon and Juftice they may , and it is a
chaft Ambition, if rightly placed, to have as much power as may be,
that there may be power to do the more good in the place where a
Man ferves.
As to the Witnefs, who faid. He the Deponent commanded his ftay
in London, he hath nothing to fay to him of exception, but that he
fpeaks to nothing in the Charge ; the Defendent being charged with
the Execution of the Commiffion, 8. and 19, Car. and what the De-
ponent fpeaks of, is precedent in time j befides, his Depofition is by
herefay from Mr. Juftice Hutton.
Then he produced a Witnefs, who proved that he began his Jour-
ney into Ireland the Sthofjuly, 1633. and another Witnefs, That
fince the date of the new Commiffion, he never fat as Prefident of
the North in any Caufe whatfbever 5 and that he was in Ireland when
the Commiffion 1 3. Car. was renewed.
And fb he concluded his Defence, faying. That he was charged on-
ly with procuring and executing that Commiffion, both which he
denies.
For Reply, the Committee defired it might be obferved. That one
of the Witneffes did fpeak particularly of the occafion of etilarginp'
the Commiffion upon the Arreft of his Father j the Prefident iaJhng
upon his Knees, and defiring his Majefty to enlarge his Power, or that
he might have leave to go home and lay his Bones in his own Cottage.
And be grew fo high a little before the renewing of the Commiffion,
that he faid, He would lay them by the Heels who brought the King's
Y Writ.
8 Caroli.
l62
Hisiorkal Collections.
An. 1 6 -2. ( Writ. Whereupon the Council were fo awed, that they durft not
Utfj^^V^'^iJ demand Juftice : So that theproeuringa Renovation of this Comraiffi-
on, fuitcd moft to his Defign*
Seeing the Reader is now upon the Commiffion and Inftruftions of'
the Lord Prefident and Council in the North, take the Opinion and
Judgment of Mr. Edward Hide^ a Member of the Hotife of Commotis,
in a Speech made by him to the Houfe of Lords concerning this Court,
Anm 1640. which we the rather mention, becaufe he was one that
fhewed his Loyalty to the King, by being with him at Oxford^ and
other places in time of War; who(e Expreffions may make deep Im-
preffions upon many, he being afterwards made by the King, Lord
Cliancellor of England.
My Lords,
' T Am command^ed (faid he) by the Knights, Citizens, and Bur-
' JL gelies of the Hotije of Commons, to prelent to your Lord (hips a
' great crying Grievance 5 which though it be complained of in the
' prefent Preflures but by the Northern Parts, yet by the Logick and
' Confequence of it, it is the Grievance of the whole Kingdom. The
' Court of the Prefidents, and Council of the North, or as it is more
' ulually called, the Court of Tork-, which by the Spirit and Ambiti-
' on of the Minifters, trufted there, or by the natural Inclination of
•■ Courts to enlarge their own Power and Jurildiftion, hath fo prodi-
' gioufly broken down the Banks of the firll: Channel in which it ran,
' as hath almoft overwhelmed the Country, under the Sea of Arbi-
' trary Power, and involved the People in a Labyrinth of Diftemper,
' Oppreffion, and Poverty.
' To remember your Lord(hips of the Foundation and Erefting this
' Court, and of the Progreis and Growth of it, will not be unaccep-
' table.
' Your Lord(hips well know, That upon the fuppreffion of all Reli-
' gious Houles to fuch a value, in the 2jth Year of Hen. 8, from that
' time to the 30//» Year of that King's Reign, many (not fewer than
' fix Inlurredtions and Rcbclhons were made in the Northern Parts,
' under pretence of that Quarrel, moft of them under the command
' of (bme eminent Perfon of that Country ; the which being quieted
' before the end of the ^oth Year, that Great King well knowing his
' own Mind, and what he meant to do with the great Houfes of Re-
'ligion ; in the Year following, for prevention of any Inconvenience
'that might enfue to him upon fuch Diftemper, in the 51//) Year of
' his Reign, granted a Commiflion to the Biftiop of Lundajf, the hrft
' Prefident, and others, for the quiet Government of the County of
'■Tork., Nortlfimberland, Cumberiand, and ireJimorlaf;d, the Billioprick
' of Durham., the County of the Cities of Tork ■> Kinglion upon ht.ll^
' and Nenrajik upon Tine. But, my Lords, this Commiflion was no
' other than a Commiflion of Ojer and Terminer^ only it had a Ciatle
' at the end of it for the hearing of all Caufes, Real and Perfonal.
' ^ando amh£ partes, vel altera pars, gravata panpertate fiterit. ^od
' ita Mt quomodo jus jmm fecundum Legem Regnj nofiri aliter perjequi
nonpojjit. Which Claufe, how illegal foever, (for that it is illegal and
void in Law, little doubt can be made) yet whether they exercifed
'that
Hijlorkal QoUections^
( >^?
' that part of the Commiffion at all, or (b fparingly cxerci(ed it, that
' poor People found eafe and benefit by it, I know not, for at that
' time I find no complaint againft that Court. And in the firft Year
' of King James, a Commillion was granted to the Lord Sheffield^
' which varied not from the former, only it had reference to Inftrudi-
' ons which (hould be (ent, but we find none fent. In Jtim^ in the I
' (eventh Year of the Reign of King Jamcs^ a new Commiffion was
' granted to the (aid Lord Shejfield, very differing from all that went
' before ; it being left out. That they fhould enquire. Per Sacramcn-
' turn honorum C^ legalhtm homitmm, and to hear and determine, feain-
'• dum Leges AngHd\ relation being had only to the Inftrudions, which
' were the firft Inftruftions which we can find were fent thither.
'I fliall not trouble your Lordfhips with thefe, or any other Inftru-
' dions, but defcend to the prefent Inftruftions and Commiffions un-
' der which that part of the Kingdom groans and languiftieth, fince
' the Lord Strajford came to that Government, which was in Decem-
' her^ 4. Car. And fince the Commillion hath bin three feveral times
' renewed, in the <^th Year in March, in the 8//) in November, in the
' 13//) Year of his Majefty's Reign. Into that Commiffion of the dth
'and i%th, a new Claufe was inferted for the granting, fequcftring,
' and eflablifliing PofTeffions, according to Inftruftions crowded in a
' mafs of new exorbitant and intolerable Power.
' Though our Complaint be againfl this Commiffion it felf^ and
' again(\ the whole Body of thofe Inftruftions, I fball not trouble
' your Lordftiips with the <^th Inftrudion, though it be but fhort ;
' which introduceth that Mifiram fervitutem, vhi jus eft vagvm ^ />-
'■cogKitum, by requiring an Obedience to fuch Ordinances and Detci-
' minations, as be or (hall be made by the Council-Table, or High-
' Commiffion Court. A Grievance, my Lords, howfoever, C'o"Jhc-
' t:ido & fercatttum clarjtas KoUhtazerit hanc adpam, of Co trancendent
'a Nature, that your Lordfhips noble Juftice will provide a Remedy
' for it, with no lefs care, than you would refcue the Life and Blood
' of the Common- Wealth.
'Read the 19, 22, 23, 24, 29, and 50, I will not trouble your
' Lordlhips with reading more, there being among them in the whole
' fifty eight Inflruftions, (carce one that is not againft or befides the
' Law.
' Whether his Majefly may cantonizc out a part of his Kingdom to
' be tried by Commiffion, though according to the Rules of Law,
' fince the whole Kingdom is under the Laws and Government of the
' Courts eftablifhcd at Wejiminjier 3 And by this reafon the feveral
' parts of the Kingdom may be deprived of that Priviledg, will not
' be now the Queftion.
' His Majefty cannot by Commiffion ered a new Court of Chance-
'ry, or a Proceeding according to the Rules of the ^/^r-C/^^j^^er, is
' mofl: clear to all who have read Magna Charta 5 which allowed no
' Proceedings, Niji per legale Judidum Parium c^ per Legem Terr<e 5
' for our Court of Chancery here, by long ufage and prcfcription, is
'grown to be, as it were, LexTerr^. But, my Lords, the gof/j In-
' ftrudion goes further, and ereds fuch an Empire, fuch a Dominion,
* as fhall be liable to no Controul.
' The Courts of Wejiminjier, my Lords, have fuperintcndences
' over all Inferior Courts, to regulate their Jurifdidions if they
Y 2 'exceed
8 Laroli.
1
164
HiUorical Collections.
i
^„ iS^i. \' exceed their Limits, as to hold Plea of greater value, or the like-
io<j?-v*''!»j I * In the Exercife of Jurifdidtion, the Judges are fworn to grant and
' fend Prohibitions : But to ftop the granting of thefe Prohibitions, or
■ to neglcd them when they are granted, is the greateft and boldeft
' fccrn of the Law, and the Law-Makers, that can be imagined.
' And whofoever gave direftions for thelEe ftout Inftruftions, might
' have rcmembred, that no longer fince then Mkhaelmafs^ in the fe-
' venth Year of £//z.. Rot. 31. an Attachment was granted againft the
' Arch-Biftiop of TcrA., then Prefident of that Council, for forbidding
the Coaler of Tork^ to deliver one Lambert his Prifoner, who was
• fent for by a Habeas Corpus from the King's Bench.
' And can fuch a Court as this, my Lords,, deferve to live ? What a
' compendious abridgment hath Tork, gotten of all the Courts in Weji-
' ttnvfier-Hall .<? Whatfoever falls within the Cognizance or Juri(diftion '
' of either Courts here, is compleatly determinable within that one
' Court at Tork , befides the Power it hath with the Ecckfiaftical and
'■ High-Commiffion Courts.
' What have the good Northern People done, fhaft they only mufl:
be disfranchised of all their Priviledges by Magna Charta^ and the Pe-
tJtJon of Right .<? For to what purpole ferve the(e Statutes, if they
may be Fined and Imprifoned without Law, according to the Dif-
cretion of the Commiffioners ? What have they done that they (that
they alone) of all the People of this happy Ifland muft be difinheri-
ted of their Birth-Right, of their Inheritance ? For Prohibitions,
Writs of Habeas Corpus^ Writs of Errc^r, are the Birth-right, the In-
heritance of the Subjefts.
' Your Lordlhips remember the Direftions I mention, that by Mag-
■ »a Charta all Proceedings fhall be per legale Judieium Rarinm^ ^ per
' Legem Terr£.
' Now thele Juri(di6tions tell you, you ftiall proceed according to
' your difcretion, fecutidum janas Difiretiones^ that is, you (hall do
' what you pleafe ^ only that we may not fufpeft this Difcretion will
' be gentler and kinder to us than the Law ; fpecial provifion ie
' made in the Inftruftions, That no Fine, no Punitfhment thall be le(s
' than by the Law is appointed, by no means, but as much greater as
' your Di(cretion (hall think fit. And indeed in this Improvement,
' we find Arbitrary Courts are very pregnant 5 if the law require
' my good Behaviour, this Di(cretion makes me dole Prilbner , if the
' Law (ets me upon the Pillory, this Difcretion appoints me to leave
' my Ears there. To proceed according to Difcretion, is to proceed
' according to Law, which is fumma. Difcretio^ but not according to-
' their private Conceit or AfFedtion : For Talis Dtfcretio ( (aith the
'Law) Difiretionem ConfntidJt : And fuch a Confufion hath this Di(^
' cretion in thele Inftruftions produced, as if Difcretion were only I
to aft with Rage and Fury. No Inconvenience, no Mifchitf, no
Difgrace, that the malice, or infblence, or curiofity of thefe Com-
' raiflioners had a mind to bring upcHi that People 5 but through the
' Latitude and Power of this Difcretion the poor People hath felt
' this Difcretion hath bin the Quickfand which hath fwaliowed up
' their Property, their Liberty : I befeeeh your Lordfhips refcue them
' from this Difcretion.
'Truly, my Lords, thefe vexed worn-People of the North, are
' not Suitors to your Lordfhips to regulate this Court, or to sefbrm
'the
.
Hiftorical Qoltections.
165
\
' the Judges of it, but for extirpating thefe Judges, ind the utter
' abolilhing this Court ^ they are of Cato's mind, who would not fub-
' mit to Co: far for his life, faying, He would not be beholden to a Ty-
' rant for injuftice, for it was injuftice in him to take upon him to lave
' a Mans life, over whom he had no power.
And afterwards the King gave his confent, that this Court be ablb-
lutely taken away by Aft of Parliament.
At the latter end of the month of March this Year, dn Information
was prefered in the Court o£Star-Chamber by William Noy, his Maje-
fty's then Attorny General, againfl: Joht Overman and fifteen other
Soap-makers Defendents, charging them with feveral Offences, contra-
ry to diverfe Letters 'Patents and Proclamations^ touching the making
and uttering Soap, and ufing the Trade of Soap-makers, and other' Of^
fences in the (aid Information mentioned. Whereunto the Defendents
did Plead and Demur as to part, and anfwer to the other part of the
laid Information : And the faid Plea and Demurrer being over-ruled,
for that the Particulars therein infiftedupon. Would appear more flilly
after Anfwer and Proof: Therefore the Defendents were ordered to
anlwer without prejudice, and were to be admitted to liich Exceptions
to the laid Information, and advantages of the matter of the Plea and
Demurrer upon the Hearing, as (hall be material 5 and accordingly the
Defendents did put in their Anfwer,and did let forth feveral Afts ofPar-
liament, Letters-Patents, Charters, Cujioms^znd A&s of Common Coun-
cil of the City of London, and other Matters material conducing to
their Defence, and in conclullon pleaded not guilty.
That Sir Robert Berkley, then being one of the Jufiices of the Court
of Kings ^cmh, the 30/A of March, in the eight Year of his Majefty s
thenReign,i652,uponanOrder of Reference to him and others,by the
laid Court of Star-Chamber, to confider of the impertinency of the laid
Anlwers, did ccrtifie the faid Court of Star-Chamber, That the whole
Anfwers, excepting four words, and ten laft lines, (hould be expung-
ed, leaving thereby no more fubftance of the laid Anlwers than the
Plea of. Not Guilty.
And after upon a Reference to him and others, by Order of the
laid Court of the impertinency of the Interrogatories and Depofiti-
ons of Witneil'cs taken on the Defendents part 5 in the lame Caule
the laid Sir R.B. the 2<^ of M^, in the dth Year of his then Majefty s
Reign, certified that 39 of the laid Interrogatories,and the Depolitions
upon them taken, (hould be lupprefled, and were expunged and lup-
prefled according to the laid Certificate.
Both which laid Certificates were laid to be contrary to Law and
Juftice, and contrary to his the faid R. B's own knowledg, and con-
trary to the laid former Order, whereby the advantages were laved to
the Defendents as aforelaid ^ and by reafon thereof the laid John Over-
man, and the (aid other fifteen Defendents, were Sentenced in the laid
Court of Star-Chamber, to be committed to theF/ee/,and dilabled from
ufing their Trade of Soap-makers, and one of them Fined in the lum
of 1 500 /. two of them in 1000 /. apiece, four of them in athoufand
Marks apiece ^ which Fines were eftreated into the Exchequer without
any mitigation.
And the fold Defendents, according to the laid Sentence, werelm-
prifoned, and deprived of^ their Trade and Livelihood, tending to
the
8 Carol/.
A Plea and
Demurrer o-
vcr-ruled, and
an Anfwer
expunged in
Sitar-Vhambtr
all but four
words and ten
lad lines.
i66
Hifioikal Collections,
AnA6p.
Arfibitjfadcr
had his l»ft
the Utter ruin of the faid Defendents, and to the overthrow of Free
Trade^ and contrary tO the Liberty ofSnl>JeSs.
The (aid Judge being afterwards Impeached by the Houfe of Com-
mon% in the Lordf Houfi, for this, and for his Opinion in the cafe of
Shipmony, and other matters laid to his charge 5 fubmitted to a Fine
of I oooo A foftot ftanding to a Tryal upon the Impeachment, he made
no defence, which if he had done, we (hould here have done him right
in mentioning the fame.
Let us return to the Affkirs in Germany^ to be informed what Rro-
grels hath been made in the Embafsj to the King of Sweden^ for the
advantage of the Prince Ekder 'Palatine.
Towards the middle of jf»^ the A mbaffador had his laft Audience
of the King of Svt>eden^ about the reftauration of the Taljgrave to his
Audience!" Dominions in the Talatitiate^ at which time the King of Sweden
difcourfed of Propofilsto this effeft, (if the Copy I go by be right.)
\.'Tkat the ^alfgrSive f}onld hold his Country as a Donative of ike Ki»g
of Sweden.
2. That he Jfjofild r»ak$ m (iMxrtial Levies teitheutthe Swedes con-
fe»t.
3. That durttig this War he Piould furnijh the Swedes with Jo many thou-
fand Mett upon his own Pay.
4. That tvpo of his chiefeji Towns Jhould jiand Cantionaries for the per-
forming of Covenants,
5. That hef}Onld mak^ fio Lea^e nor Article voith any other Prince
vrithout the Swedes tdnjent.
The AinbsJJ'a-
dor's Anfwer
to the King of
'iiTveden con-
cerning his uiv
reafonableDe-
mands as to
the Prince E-
leftor Palaiin
The Ambaffadot being moved at thefe Propofals, as too hard and
difhonourable for the 'Prince Ele&or Palatine to accept of, uttered fome
words to the King of Sweden to this purpofe.
That he hoped the great Succef which that King had in Germany ." and
lately at the Battle at Lip(wick, did not heighten him in makjng thefe De-
mands^ fo as to forget the grounds of his Declaration, to rejiore the Liberty
of Germany, fir to forget his Maiier the King of Great Britain, who had
fent hint the ^jfijlance of Jix thou/and t^en under the condnH of the Mar-
qiief of Hamilton,^»<^ the great Charge the King his Majier was at in the
ruifins, arming, iranJj>orting, and maintaining of thofe «^en ^withottt any
Conditions of Retribution from that King , and wherein his Majier had
expended above an hundred thonfand pounds.
The King of Stveden huff'd at this Difcourfe, yet at this time con-
quered the greatnefi of his Paffion, but fell a quarrelling with the
^//nbajfjador^ as if he had prevaricated from his Inftrudtions, and that by
his diicourffe on fome Points he feem'd to be Hijpanized, as if his De-
fign tended more in favour of Spain than Germany. This occafioned
a fmart Reply frohi the ^mbajfador to that King, who when he heard
it, fell into a great Fury, ftamping up and down in a Rage and Dif^
compofure of Mihd, dnd fo they parted.
But afterwards, on July 19, that King lent his Secretary to the Am-
bajjador^
Wflorical Collections,
\6-j
baffiJj)\ who told him the King his Mafter could not agree to the Con-
ditions prornxndcd by him. The King ofSvpeden urging a Defenfive
League, and for a limited time ; But the Amhaffudor propounded a
League only of Affiftance, and the time indefinite and arbitrary".
Of thele Proceedings the Amballador gave an Account to Secre-
tarj Cookt to communicate to the King his Mafter, the King Q){ Swe-
dev\ abrupt breaking off this Treaty in this manner, as is exprefled
in the Letter to Mr. Secretary Cook.
' Thnt this King was not (b prompt m.breakjfg off the Treaty ^ and
'offering me his Recreditive, as he is mrv JIow in performing the
' fime, and giving me no Anfwer in writing to my Memorial. I have
' often rrelled my Departure^ but am ft ill held up with good rvords and
' Excales :, and finding he is not willing I ftiould yet go from hisCamp,
' in that he conceives it may be prejudicial to his Affairs, having often
' prayed meto ftav. I have foUicitedfor aPf^/Tfor my Secretary togofor
' England^ which he promifcd me at firft, but dela)cth it from day to
' day,and fo hath kept him up there ten days. By what I hear, itftiould
' feemhe hath bin too r./J/.i in breaking off the Treatj^and would fain fet
' it on foot again; for afir off (not diredlly) fo much hath been inti-
' mated unto me 5 and fome of this King's Minifters have been fpeaking
' of »cjp Articles, but I not hearkning thereunto, hear no more of it,
' being rcfolved whatfoever future Overture ftiall be made unto me,
' not to entertain any, but civilly to excufe the fame, until I receive
' his Majefty's Pleaftire unto this Difpatch ; and I do intend to tranf
' port my felf from this King's Camp towards Strasbnrg as foon as I can
' poflibly difingage my felf from him, and there to make my Refidence,
* judging it to be the fitteft place •■, for the Armies cannot long ftay in
' thefo parts, and I know not where they can live, but in the Land of
* WirteMhurgh and Alface, all other Countries being already fpoiled, fo
' as I ftiall be near this King 5 if there ftiould be any occafion for my
* return towards him if recalled. I am upon the Rhine, and may return
' either through France or the Low Countries as his Majefty ftiall di~
' red.
' Both Armies being ftft in their Works, keep themfLlves within their
' Retrenchments, without attempting any thing one upon the other,
' but in little Skirmiftics, fometiraes upon the Forragers, fometimes
' upon the Guards. But in the end he ordered Col. Diihartle to go and
' Petard the Town of Fred^ate, where there was a Garifon, and burn
' the fame, it being a Magazine of Corn for the Enemy, and the Poft
' between Regenkrg and their Camp. At break of day, being arrived,
* he put two Petars to the Ports, but they failing, he put Ladders to
' the Walls, fcaled them, and fo entred the Town. He found few Soul-
'diers there, thofo that were, were in their Beds 5 fo as finding no re-
' fiftance, he fotfire on the Town in (even or eight feveral places, burnt
' their Magazines , wherein were great quantities of Corn and Meal,
* and fo retired.
' The (a me morning, being the ^oth inftant, this King had Adver-
' tifement that certain Troops were marched out of the Enemies Camp 5
' he apprehending their intent was to cut oi^ Dabartle's Retreat,marches
' with a Party of 300 Mu(quetiers,and 4000 Hor(e,to fecure the fame,
' upon thi way he underftood that Serjeant Major General Sparre was
'• near thereabouts with thirteen Companies of Croats, and 500 Foot;
' the King thereupon advances with fome Troops, Sparre retires with
the
8 Caroli.
Sent by Moun-
ficur C'urtiut,
together with
a Difpatch
bearing date
the pih of
ylugitjt.
.68
HiJloYtcal Collect ion^.
An i6?2. i ' the Infantry and fome Troops of his Horfe, and under Eivour there
c^;?^/"^ 1 ' of gives a brxve Sdvo with his Mufquetiers upon four Troops of
Horfe led on by Col. Strife^ and upon the Ring's Foot, where was
killed on the King's fide Col. i^//c who commanded the Foot, a Gen-
tleman of the King's Chamber, one of his Pages, and divers of his
' Mufquetiers. On the Enemies fide, it is efteemed that there were
■ twohundered left dead upon the place, and as many taken Prifoners,
' among which there was Serjeant Major General %rre, Leiut. Col.
' Garden^ & Capt.Lc/7/e Scotfmen, two Leiutenants and one Enfign,all
' which were that night brought to the King's Camp, with one Cornet
' and two Colonels. The King hath of late propofed to the Deputies
' of Fr^w/t"-^ this Town, Vlm^ Strasburg^ to which he would alfo
' have joined the Country of Wirtenberg^ to take into confideration
' the prefent ftatc of the War, that amongft themfelves they would
' think ofraifing Contributions, the ways and means how to pay his Ar-
' mies which he hath declared unto them (confidering the prefent
' ftrengthof the Enemy) muft not be left than three Armies, each one
* confifting of 27000 Foot and 4000 Horle. How welcom this Propo-
' fitionis to them,your Honour may well judg, for the Deputy of Straf-
' burgh^ excufing that Town, in regard of their Neutraljtj with other
' Princes, and Situation, which (hould they not keep, their Country
' would be burnt and fpoiled. This King replied publickly in the face
' of the whole Court, that they had proceeded (b coldly in the Caufe
< of their Religion and Liberty, that they deferved not only their
' Country, but their Town to be burnt and fpoiled.
' This King expefts within a few days an Ambaflador from the
' French King, it is thought it is upon the old ground of Neutrality
' for Bavaria, and the Catholic League, but my Opinion is, Bavaria
' will not upon any Terms fall off from his new Alliances with the
' Houfe of ^Hliria, though I underftand he is tampering and treating
' underhand with theBvangelics, giving them affurance of his Affefti-
' on towards them, and his Refolution to ftand for the Prefervation of
' the Liberty of Gerw4»;', which is the only Realbn that induceth me
■ to apprehend, that this Embaffie from France may be to draw the
■ Evangelics and that Duke to a better underftanding, and upon the
' old ground of removing the Empire from the Houfe of J«/?m, which
'if it be,your Honour may be afiured the States have their parts there-
' in alfo.
' The Elcftor of Saxe hath fent, or permitted four Regiments of
' Horfe and Foot, to join themfelves to the Army of William Duke of
' Saxe-Wifmar, they are joined to him , and are at Srveinfurt. The
' Chancellor with his Army at Wortzberg, and the Landgrave of Hejje
' joined to him. This King prefles memuch to ftay with him until his
' Armies be joined ^ which I cannot well refufe, though I defire much
' to be gone from hence ; for Men die fafl both in the Town and
' Camp : I cannot tell what to make of the Bufinefs between this King
' and the Elector of Saxe 5 for notwithftanding he is marched into 5/-
' lefia, as the Letters from Lipfick.fky this day, and the lafl: Troops arc
' joined, &c. This King told Sfarre upon the taking of him Prifoner,
' that he had been much imploied between Fridland and Sax ^ that he
' knew that which imported him both in his Honour and Safety, that
' if he would not difcover unto him truly all things, he would piftol
' him upon the place. Unto ^hich he made him this Anfvver, That he
would 1
Hijlorical Qolkctions,
169
' would difcover as much as he could do with his Honour.
' The third Inftant Camerarim brought me the Recrcditive from
this King, the which I have herewith fent your Honour. It is not
abfolutely in the manner he told me it would be, when he brought
me this King's Verbal Refolutions concerning the Treaty, in Anfvver
to my lafl: Memorial. It is ulual with this Ring to repent himlelf
when the Blow is given ; for he hath often told me, fince the Occa-
(ion at Muficheti^ fpeaking with regret of that Proceeding, That he
would give all he had to be Mafter of his Paffions ; but that when
he begins but to be moved, he hath (bmething rifcs in his Brain, that
makes him forget what he faith or doth 3 that this he finds in hiin-
(elf, and the Inconveniencies that grow thereof^ as fbon as he is
pofcd again 3 but yet he cannot get it maftered, though he hath of-
ten defigned the fame 5 and therefore he hopes God and all the World
will forgive him.
' Camerarius told me farther in this King's Name,Thathe defired me
to refide with him,for that if any overture of Peace fhould be fet on
foot between him and his Enemies, he had rather employ his Maje-
fty's AmbafTador than any, and me in particular. This King hath
that imperfedion, that for the prefent end he can put himfelf into
any thape. This Propolition I knew not well how to refufe, fince
his Rccreditive is not abfolutc, but mixt 5 and that I know not up-
on what terms ftands his Majelly's other Treaties of Reftitution,
my felf judging it necefiary for his Majefty's Service, to keep this
King in Appetite, and not to be loofe of him, until I receive anfwer
by this Bearer to this Difpatch -_ and therefore I accepted thereof
with all civility and refpeft, having regard to your Honours Order?,
which I received by the Difpatch which Sir 'jacch Afl}ky brouglit 5
though I am flill of Opinion, That this King intends not Peace but
in cafe of neceffity ; but that he feemg that the r^fiding of his Maje-
fty's AmbafTador by him in this Conjunfture, is a countenancing of
his Affairs 3 fo his going from him confcquendy will be a difcounte-
nancing of them 3 and that this King will never part with what he
holds in the Palatinate, though it may be counfl liable, if a General
Treaty (liould enfue, to keep fair with him that he do no hurt 5 and
fo from them that have had their hands in opprefTing of that un-
fortunate Prince, to endeavour a Reflitution, whilft there any hope
from him or his.
' There was two days fince taken Prifoner one Capt. LeJIre, who
(erves the Emperor in Fridland's Army^ he tells me, TbatSaxeis
fallen off from the Agreement made between him and Fridland ,
that there hath bin fent by Fridlattd divers Regiments out of his
Army to join with Don Baltazar, who commands the Army in Bok-
ff/ta, with order to fall into the Hereditary Comtries of the Eledtor of
Saxe : He faith boaflingly. That Fridland and Bavaria's Armies lying
about us here, are 80000 Men 5 that they expeft out aiBohemia^^n-
firia^ and the other Hereditary Countries of the Emperor 30000 more
that are now leavying 5 but withal privately confefleth. That in
their Army there is great want of Bread, and that if a Blow fhould
be given to the ImperiaUfls, this King having pofTefled himfelf of
the Rivers and Palles, Vienna will run a hazard, for that they have
upon this occafion of Fridland's Expedition, put up their late Effort 3
fo as it is probable, whofoever God will give the maflery unto in
Z ' this
Caroli 8.
\-]0
Historical Collections.
The Kind's
Letter to M.
Hamilton to
make an ex-
cufc and to
come for Eng-
land.
'this prefent Occafion (if it comes to Blcfvvs) will have the Affairs
' of Germany in his power ^ and fhould this King prevail, it will caufe
' great Revolutions, which before this Bearer can return unto me, ap-
' patently may be more clearly (een into.
' Since Lejlie was with me, one brought me a Letter written by the
' Eleftor of iSrfxe to the Marquels of CuHwback^, wherein he advifeth
' him to a Peace, for that the Empire cannot longer fiiffer War with-
' out total fubverfion : So as of that Duke's Proceeding, I know not
' what to judg : This Cnllinback. is of the Houfe of BrandcnbHrgh^ and
' at prefent v^^ith this King. I have long fince written for Blanks, to
' which you have hitherto made no Anfwer •-, I conceive them to be of
'ufe, efpecially if the Affairs tend to Accommodation. Fridland
' fpoke with much affeftion of his Majefty, and caft out words as if he
' would be a Friend (if he were fought unto in the reftitution of the
' Palatinate) as Affairs may be. His Majefty may have caule to make
' ufe of him. I purpofetofee him; if the Blanks I have fo long fince
' written for, were by me, I could the better introduce my felf by one
' of them. The jealoufics remain flill between Fridland and Bavaria j
' And if the French fhall again engage themlelves v/ith that Duke of
,' Fridland^ it may be of ufe.
Norrembnrghy 1 9 Aug.
1632.
Your Honours, d^c.
The beginning of this Month of Aug»fi^ his Majefty of England
writ this Letter to the Marquefs of Hamilton.
James,
I Have received three Letters from yon by Ji^mes Lefley, ahont the i^th
<?^July, all which I ajjitre you have given me very good fatisfa&ion^
as well for your right miderjlanding of Affairs in general^ as to give me
a light horv fo direSt you in partiailar^ which at this time is the on!yJtibje&:
of mif?e. One of two yott mufl chtje^ either to Jiay, or come away : For
the firfi^ it were very honourable to do (in the times of Atiion) if you had
an Emploiment 5 but neither havings or l/kely to have any hereafter, it were
dulnefs, not patience, to Jiay any longer ; yet it is fit to come off hand-
fomly^tieither fjewing impatience nor difcontetitment (if may be) 5 although
I think yoH have caufe for both : therefore I have commanded Henry Vane
to propofe a new Emploiment for you ; ivhich though I think.it will not take
effect, yet it will fl^ew there is no way unfought for to find yen out an Em-
ploiment with the King <?/ Sweden ; it k, that you may be fnt if,t9 the
Palatinate, to ajffi the French with Jo many Men as my Contribution
will maintain ; which if it may be done, they promifc me to pi:t the Lower
Palatinate in my hands. This, though I do not hold as Gofpel, yet if this
Def^gn might be put in pra&ice, it might certainly prove ufefd to my .Af-
fairs : This being denied, (as I thinli^ it will) you have no more to do, hut
to feek. a fair Excufe to come hence, which will be befl in my Opinion,
upon the Concluf.on of the Treaty between Sweden and Me : Or if any
Rubs arifc, that you might be fent to clear it with me.
So that upon the whole Matter my Judgment is. That if you cannot
ferve
Hiflorical QoUections.
71
ferve me in the Palatinate, (as I have already faid) the bejl way is. That 1 8 Caroli.
ym tak^ the firjl civil excufe to eome home to ^.•"V>[j
Oatlands, Aug. i.
1632.
Tour loving Coufn, and
faithful Frietid,
Charles R.
POSTSCRIPT.
David Ramfey mil (as I imagin) meet with you before you come hi-
thevy which if he do, I hope you will remember what I have faid concern-
ing him already.
The 24^^ of this Month, the Ambaflador writ another Letter to
Mr. Secretary Look.
Norrenburgh, Augufl 24.
'^T^He i2f/jof this preient, Id {(patched my Secretary ^»r//«f unto ^ further Ac-
' -■- your Honour, by the way of Hamburgh, the only Pafs was Menrj vune^
' then open , God grant he arrive fafe '-, for two days after his depar- 9^ *•" Embaf-
' turc, the Imperialifts inverted the fame 5 He brings you the know- ^°
' ledg of the AflPairs, and particularly how this Ring hath broken the
' Treaty. The i8//j of this prelent, the King's Forces, under the
' Command of the Dukes of Saxe, Ifimar, his Chancellor Baneire,
' and all his other Generals, joined themfelves to the King, a Dutch
*mile and a half from this Town, thelmperialifts not fo much asraak-
' ing an offer to hinder the fame.
'■ Thofe Armies make in all 13 000 Foot & 8060 Horfe 5 this day they
'advanced within a Dutch mile and lefs of this Town, and are encam-
' ped between it and Furth, where I faw them in Battale , to the
' Eye they feem to be good Men : This King fpeaks, that to morrow
' he will encamp them near, approach the Imperialifts Camp, and can-
' nonade them out of their Trenches ^ but that is fboner faid than
'done, and will be difficult to effed, though fomething will be done
' within thefe few days, the ifTue whereof I purpofe to attend 5 and
' yet I am of Opinion, that neither Party will come to a formal Bat-
' tel, but in cafe of a remarkable advantage.
' The King of Bohemia, notwithftauding the breaking off the Trea-
' ty, feems to me to have more hope than ever, and to believe, that
' the King of Sweden will reftore him his Country, ( God grant he be
' not deceived) unlefs it be in fuch a manner, that it may not be per-
' adventure worthy of his acceptation 5 but he believing the fame, I
' conceive it not to be my Part to undeceive him 3 and upon this oc-
' cafion, I fhall propofe unto your Honour, what way in my Opinion
' will be befl for his Majefty to take in the Negotiation of the Pala-
' tine's Interefl:,making judgment of the Affairs as now they are^fbr his
' Majefty to continue an Ambaflador longer here, I afTure my felf his
' Majefty Ihill not think fit. To defert him or his Affairs abfblutely,
' I know his Majefty will never do it : NecefTary and requifite it is to
* have an Agent refident with this King, to have an eye upon the
Z 2 'Affairs,'
I?'
WHorical Collections.
The King of
Great Brtt>un
his Letter to
the King of
Srpe^e», recal-
ling his Am-
baffador.
■• Affairs, and leave the Ring of Bohemia to treat for himfclf, fince
' he hath (b confident a Faith, that by him he fliall have his Countries
' reftored t, for he hath told Marquefs Hamilton and my (elf, within
' thefe few days, That he doubts not but to keep his Winter Quarters
•• in Hejidelbitrgh. And in this way his Majefty may contribute to him
' of his Bounty towards fuch an Accord, ( if he (hall approve there-
' of).
The King of Great Britain being by this time fully informed by his
Ambafladors, and by the Marque(s, of the Tran(adion of Affairs with
the King of Sweden, and the little hopes of fucce(s, wrote thisenfuing
Letter to the King of Sweden.
QHA^LES, &c. To the moft Serene and Puiffant
Prince, our Brother, Coufin, and moft dear Friend,
^uftayw j4dolphuSy &c. Health and profperous Suc-
cefs.
MOJl Serene Prince^ Brother, Coufin, and mojl dear Kinfman-^ We
have very fatisfa&orily underjiood by our Letters, that you embrace
Our Friendjhip with Jingular fervency j and We alfo in lik^ manner have
not only, with the mofi imaginable Candor and Conpancy made ufe of, but
earnejily catch' d at all Opportunities 5 not fokly for the promoting of the
Common Cauje, but principally to maintain and adorn your Dignity and
Welfare by all pojjible means : Nor do We quejiion but that your Serenity
is fuficiently cotvuinced of this Matter, and that not Jo much by the fre-
quency of Our Letters, as by the good Offices which we have decreed, ra-
ther to accumulate upon, than repeat. Tet this upon your Account is not to
be paffed over in (ilence. That We havefetit, as it were, out of our Bofom,
the Marque^ of Hamilton, Our intimate Kinfman, a famous Pledg of
Our Love, with an intire Regiment, at Our own Charges, to the remote
Parts of Germany, that he /night devote himfelf to your Service :, by the
Report of which Supplies, not only your Enemies, who are varioujly dijira-
&ed one among another, but the Princes alfo of your AJfociates, and Bur-
gers, or Freemen, are kept and confirm d in their Fidelity.
idt length this lafl Embaffy of Ratifying a League with you, which is
thus ordered 5 that firji of all. We fiould A£i and Convene about an
Auxiliary League for the recovery of Our Brother s Paternal Inheritance \
and afterward, if need requires, of a Social One for the connnon Good and
Safety 5 and this Method k moji exa&ly prefcribed in Our Letters of Cre-
dence, and Inflru&ions to Our AmbaJJador Henry Vane Knight, one of
Our Privy-Counjellors, and Chief Ojficer in Our Court, which he hath
faithfully ohferved 5 nor did that Form which he received from Us (igfnfy
any more, than that he Jfjould more fully explain this Our Opinion, That
what fecmed convenient in your Judgment, might be at lafl communicated,
1 without expence of Time, Wherein your Serenity, as well as all good
I Men, have had Jitfficient experience beyond all Controverjy : That We ne-
ver made any Alteration, either as to the Nature of the League,nor concern-
ing the Power of Our Anthafiidor'-^nor ever revoked any thing about which lie
once Convened , nor that We ever proceeded at any time dubioufly or firu-
puloujly, but ever confiantly maintained and fulfilled thofe things which
became a mofl Jufi Prime, moji jiudious of your Welfare, a great lover
Hijlorical (Collections,
of our Brother^ and finally the nioli Rdigiom Propugmtor of the Piiblick^
Good. But hccmiji it does not feem convenient in your Opinion to obfcrve the
way We luvc laid dorvnJVe leave it to your Prudence^ and fo at thff prejent
recalling Our jfmbajjador to other Ojfices, Wc roijl) you Healthy and pray
for your Felicity.
Tour Serenities Good Brother and Coujin,
CHARLES 7(.
Upon the Ambaffador's receit or this Letter from his Mafter to the
King of Sircden^ requiring his Ambaflador s Return, the Ambaflador
thought fit to write this enfuing Letter to the King, to excu(e his not
coming in Perfon to take his Leave.
SIR,
THe King having thought fit to call me home, and withal command-
ed me to convey this Letter to your Majejiy, which w in anfwer to that
you were pleas d to write by my Secretary Curtius. It is not without a mofi
Jenfible regret, that lam nccejfitated by exprejs'Order to undertake my Voiage
forthwith, and hereby be depriv'd of the opportunity to kif your ^ajejiy's
hands again, and deliver you thefaid Letter in perfon :, yottr Majefty JIjuU re-
ceive it, if you pleafe,from the hands of the faid Curtius, who being appoint-
ed by the Kingmy Muficr to refide near your Majejiy, to manage his Affairs j
I befeechyour <JMajeJiyto believe, that tho the Commands of my King force
tne far from your T^erfon, yet I jhall ever be ready in the DeCign I have, to
render you my moft humble Service upon all occafions, and to preferve the
^dity of '
Tour Majeflys moji hnmbleand
Strasburg the 3 1 ofOdioh. mofi obedient Servant
1632.
H. Vane.
8 Caroli.
Sir Hen.yjne,
Ambaflador,
writes to tiie
K.oiSw«(ien.
The AmbaiTador wrote a Letter alfo to the King of Bohemia, giving
him notice, that his Mafter had recalled him home.
SIR,
Br the return of my Secretary Curtius, I have received Order from the
King to return to him with all diligence, and for theprefent to leave
Germany. If this Revocation objiruB my continuance in your Majefty s
Service in thefc T^arts , yet lam confident that IJJjall jiill be Majier of
greater opportunities to employ my felf at Court ; where probably, I may be
more capable of procuring your Majefiy's defires, then I ha,ve bin hitherto ;
being near a i^ajier who has a greater defire then ever not to abandon his
\ former Refolut ions to your advantage. Your Majefiy may give an infallible
conjc&ure thereof that notwithjianding my being called home, he hath
thought good to e^abliJJj my faid Secretary for the continuation of his Affairs
with the King <?/ Sweden ^ and tO'the end that your Majefiy might have a
more ample Information ; / have ordered him to go direUly to Mentz, to
giveyou an account of the TranfaQions, that have pajfed here in England,
and toprefcNt my mofi humble excufe to you, that upon my podtive dir elf ions
which Mige me with all diligence to accelerate my return, I have difienfed
with the going fb far out of my way, refolving to tal{e a fi)orter Cut through
France, and to fail to England j^ow Calais. In the tnterim,if your Majefiy
i ma gin, that it may conduce to your Service, to lay any Commands upon me
before
174
HiHorical Collections,
Att. 1632.
Ttie AmbafTi-
dors Iiilhuiti-
ons to Mr.
Curtim,
before I arrive in England, I have fent rvitb the fatd Curtius a Courier,
vpho tcjll overtake me in the way^ and mil bring me yOnr Majejiys abfo"
lute Refolutions. I do daily refolve with all the power I have to put them in
execution^ it being my defign of perjijiing in the real refolution^ of remain-
ing:
Sir,
Starfburgh9i Odtob.
1632.
Your Majefiys mojl humble and
moji obedient Servant,
H. Vane.
The Ambaffador at his departure leftthele Inftruftions for Mr. Cur-
tJ7(s his Ma jcfty's Agent with the King o^ Sweden, according unto
w hich he was to govern himfelf with that King and the King of
Bohemia. \
I . The King o? Sweden being now by the event of War in the Eleftor
oi Saxes Countries, or thereabouts, you are from hence to go to Mcntz,
(it not being out of your way to the faid King) there to attend his
Ma jcfty of Bohemia, and to give him all affurance of the continuation
ofhis Majefty 'sieve and affeftion towards him and his, howfoever the
Treaty Co long agitated betwixt the two Kings hath bin thought fit by
the King of Sweden to be remitted till a more convenient time.
2. If you (hall find that the King of Bohemia (hall further prefs you
upon particulars concerning the Treaty, you are to let him know, that
the CoUonels Pebely and Kelbe having been deputed from his Majefty
to my Lord Ambaffador the day before his coming from Nuremberg to
confer with his Lordftiip upon that King's Affairs, which Conference,
it was thought fit and neceflary by them, that a motion (hould be
made by his Lordihip to the King of Great Britain, not to begin aTiy
further Treaty with the King of Sweden, or permit him to make any
more Levies in his Dominions, until he (hould firft con(ent and rediore
to him ■wha.thepoffeffed of his m the Palatinate. His Lordfhip after
(bme Conference with the faid Deputies upon that Affair condcfcend-
ed to that motion, (b he might be affured before his departure, that it
was their Mafter's pleafiire to (end unto his Refident in England to fe-
cond the fame. Hereupon the faid Deputies returned accordingly and
declared unto his Lordfhip, that as foon as his Mijefty (hould arrive
at Francfort, he would difpatch an exprefs into England with Orders
to Sir Francis Nethcrfole to move it alfo '■, you are to fignifie unto that
King that upon your departure from thence, the faid Exprefi was not
yet arrived.
3. And becaufe new overtures of Treaty are made unto that King
by the King of Swedens Minifters,you are to enquire particularly what
thofe are, and how they are entertained by his Majefty.
4. You are likewile to inform your (elf how far the French King
hath an eye upon the Proceedings of the King of Sweden with the
Town of Stratburg what they do now in the Palatinate^ and what the
French may contribute thereunto, and in particular concerning Fran-
kendal what defigns, or aims either of the faid Princes have upon that
Town, and whether the Spaniards might not be induced to confign
the (ame into his Majefty of Great "^Britain's or the King of Bohemia's
hand.
5.Laftly, That youu(eallpoffibIe induftry to difcover thole who
I for
Hijlorical Collections,
(175)
for the time paft have endeavoured, or for the future (hall endeavour
either by Letters or otherwise to do ill Offices, or work mifunderftan-
dings between the two Kings o£ Great Britain and Svpcden^ with whom
it is moft neceffary for the good of the Publick, there ftiould be a ftrift
and perfed Intelligence.
The King of Bohemia having great confidence in the King of Swe-
den's Affiftance, for his Reftauration, writes his mind frankly to the
Ambaffador from LecHuufen near AuspHrg to this effeft.
I Received yonr Letter after I had pajjed the River Lech. I do not que-
jlion hut you have already underjlood the Paffages here, that Tilly and
Altrin have been rfoittrdcd 5 The Duke of Bavaria has abandoned New-
burgh, and retired to Ingoldftadt. / will noiv give you an Account of the
Surrcrder tf^Aufpurgh ••, The Garifon quitted the place this Afternoon^being
2 ^CO flrong, and the King's Forces are enfredj himfelf hath taken a
Survey of the Town -without the Walls, and to morrow will make his En-
trance. So all things fucceed according to defire. I am very glad of the
hopes you give me that IJlxill befo happy as to fee you. I prefumc the feafon
ivill k^epyou here at Frankfurt a long time. For my own part I have no
caufe to complain x, for the King isjiill of a very good humour, and conti-
nues theteftjMony of his great afectionfor me and my Concerns. 1 do not
prejS' him to any thing as yet, I hope all will go voell ; / fiall not fwell this
Letter to any greater bulk^, but only to affure you that I fliall ever remain
From Lec-Hau(en
near Auspurg.
Tour moji affeUionate
Friend,
Frederic.
Duke William of Saxon Weymour, Leivtenant General to the Ring
diSweden, was fent to by that King to take the Fnglifl) and Scotifi
Forces of the Marquels of Hamilton's Army under his Conduft, who
were by that Duke reduced to two Regiments •-, the firft was that of
the Englifh, over whom was William Balladine, a Scotifh Gentleman,
made Colonel, and Terwhit Lieut. Colonel.
Of the Scotifti Regiment ^!ex. Hamilton was made Colonel. Here
lay both the Regiments until they were drawn out by order from
Duke William to go with him to difingage the King before Norem^
bergh, where they peiced in with two Regiments of Foot more, the
blew Regiment whereof i^(?/f was Colonel, and the Green Regiment
was led by Col. Warder, to whom were joined a Regiment of Horfe
and four Companies of Foot, thence they go to Lut%en in Mrfnia
(where a Battle was afterwards fought) of which more in its proper
time.
The King of England having notice of this Reducement of hi§^ Ar-
my, intimated to the Marquefs the high Efteem he had of the worth of
Sir Jacob AjJily. And writ to him, that he could have wilhed that the
Englilh Regiment that was reduced had been conferred on Sir Jacob
Apley, but the King of Sweden was otherwife inclined.
If it were not troublefom to the Reader, we would willingly give
him ( before we totally leave Germany, and though the Amballadoris
come away) a brief Account of fbme Military Engagement by the
Swedes
8 Caroli.
The King of
Bohemia his
Lerrer to the
Ambafl'ador.
Marquefs Ha-
/mlton's Mmy
reduced to two
Regiments,
Who are orde-
led to march
to relieve the
King before
Nnembtrg,
The King of
England had
kind thoughts
for 'Hn'jacolf
(17^)
Hiftorical CoUections,
M. 1632.
The taking cf
AfTault, tie
Kings cf Swe-
den anti Bohe-
mi.t piefent.
Sivcdes Army, wherein the EtigliJI) and Scots were concerned in the
Adion.
The King of 5jreic», upon his March out of B^^z^^rw, in the begin-
ning 0*1 February (Old Stile) 1652, had a defign to reduce the Strong
Caftle of Crtitzenack^^ and came in Perfon, and the King of Bohemia
with him, to fee the fame performed, and gave particular Direftions
for the Approaches, it being a place of confiderable Strength, and
where he met with confiderable Refiftance from the Garifon of the
Spaniards there ■■, however after having fprung a Mine, and given
three Aflaults, which were performed by the £;/§////; and French Vo-
luntiers in his Army, the Place was carried by them, though not
without fund ry being killed, and almoft all of them wounded in the
Aflaults : At lad they obliged the Governor of the Caftle to demand
Quarter, and the Capitulation was made by the then William Lord
Craven^ and Col. 5^«/7» Quarter-mafter General of the King of Swe-
den's Army, The Conditions were to march away with their Arms
within three hours, under a Sivediflj Convoy. A French Marquefs,
Col. Talht^ of the Houfe of Shrevpsbury^ and Capt. Douglafi flain ;
The Lord Craven^ 'Lt\vx.Co\}Vinde, Sir Francis P<««e,of the Houfe of
I Weftmerland^ Mr. Robert Marjljam^ were all wounded.
I The King of i'lyc^icw and ij</'/)ew/i« were prefent when the Aflaults
were made ; and though this place was (b taken by Afiault, yet it is
remarkable that none were put to the Sword after they were Mafters
of it 5 the which was acknovv'ledged by the Governor of the Caftle,
as a great clemency in the King of Sweden, and of thofe EngUjh and
French Voluntiers who gave them fo frankly their Lives. When the
Lord Craven came afterwards into the King of Sweden's Prefence, the
I King told him. He adventured fo dcj^erately, he bid Lis younger ''Brother
fair play for his Ejlate.
After the taking of the Caftki the King of Sweden defigned for
Frankpidale 5 but Tilly, Lieutenant General to the Duke of Bavaria,
having contrary to the Truce agreed upon (through the Interceffion
of the French King's Minifters) between the King of ^'zv^cs'f;/ and the
Eledlor of Bavaria, appointed to beat up the Quarters of Guftavus
Horn (the King of Sweden's Field Marfhal ) at Bambourgh in Franco-
nia, the King changed that Refblution, being highly difplcafed with
Tilly for breach of Faith, and caufed his Army to march direftly
towards Bavaria, vi-here in his way he met with great Difficulties, both
to gain the Paflage over the Danube, more cfpecially over the Lech ^
yet was performed by him with extraordinary Prudence, Expedition,
and Succefs : for having viewed the latter, and finding an advantage
of the Ground, whereby to facilitate his making a Bridg over the
River, under the favour of his Cannon, he mounted in one Nights
time near 120 Pieces of Battery, with which he did cruelly annoy
Tilly's Army, which was incamped and intrenched under a Wood on
the other fide of the River, where General Tilly received a fliot in
his Knee by a Cannon Bullet, and General Altringer was hurt in the
Head 5 (b the Army quitted the Poll, and the King, without any
lols, gained that important Paflage into Bavaria 5 and Tilly was car-
ried in a Horfe-Litter to Ingoldjiadt, where he languiOicd, and died
(horily after , for whofe Death there was great (brrow among the
Catholick,Confederate Germans and Spaniards,
Which
1
Hijlorkal QoUections.
('77)1
Which advantage of the Paflage was purdied by the King after his
Army was refrelhed, till by the News of the Enemies approaching to
Dim to befiege it, he broke up towards the Relief of that Place, but
the Siege not going forward, he fetled his Quarters near Noremburgh^
where Wallejiein with the Imperial Army polled himfelf likewife to bar
the King's Paflhge forwards into Bohemia.
• A further Account of the Pajfages a the Lech, is given thtfs hy ano-
ther hand.
The Enterprize was dangerous, and altogether impoflible, as (bme
conjeftur'd, fearing the dertrudlion of the Army might enfue there-
upon. But the King's Courage and Refolution (urmounted all things, j
and made that Paflage as accefiible to him as others. The King of
Sweden underftanding the Serpentine Windings of the Lech^ which
fbrm'd it Iclf at every turning into the figure of a half Moon, imme-
diately he took up a Refolution to prevail, for he intrenched himfel^
and railed three Batteries, which was contrived and executed without
delay, in one Nights time.
As foon as the Batteries were made upon the Banks of the River,
they went to work with 72 Cannon- pieces, which plaid upon fix Re-
giments of Tilijs Army, lodged in the Forreft oppofite to them. The
Swedes plaied with the Cannon very {everely,without intermiffionjthe
Bullets flying into the Wood, made a raoft dreadful noife among the
Trees and Men ; Thefe Cannon-ftiot did not only blind the Bavarians.
but promoted the making a Bridg of Boats on the River near Obern-
dorf by reafon of the Smoke. As foon as it was railed, the King of
Sweden commands forae of his Companies to pals and intrench on the
other fide of the River 5 which was done before the Enemy could
well perceive it. Col. Vangler had the Honour, and Lieut. Col. Fcr-
bafe to pals firft, at the head of 5.00 commanded Men , the King being
extreamly latisfied with the Adion, in making a Pals over the Ri-
ver.
As foon as TiUy had notice of it, he ordered four Pieces of Can-
con to beat down the Bridg, and the Defences of the Terrace- Work.
Before it could be made ule of. He commanded leveral Regiments to
attaque them, but the Swedes did incredible things till they were rein-
forced ; which coming very leafonably, after three obftinate Affaults
on both fides, the Bavarians were forced to leave them in polieffion,
both of the Bridg and Half-moon.
The King of Sweden advanced his Troops with all poffible diligence
to pals the River in Perfon, but the Bavarians did not ftay till his ar-
rival, for they dillodged in the Night with great conflifion, and with-
drew themfelves, part to Newburgh, and part of them to Ingold-
fiadt.
Tilly was wounded in this Combat, and the Bavarians hereupon be-
gan to lole their Courage :, he was ftruck with a Bullet of three pounds
weight above the Knee, after it had made leveral rebounds ; they had
much ado to carry him off, for they were conftrained to halt leveral
times in the Retreat, and look after his Horle-Litter s and whether it
was the jogging thereof that incommoded him, the lols of Blood,
and the pain that he endured, the one and the other, made him fall
into ftich Syncopes and fwooning Fits, that they often took him for
a ^ dead.
I 8 Caroli.
The King of
Sweden pairi;th
rheRiver/-ec6,
playing hard
upon Ttliy with
his Cannon.
The Imperia-
lifts vainiy at-
tempt to hin-
der the Swede's
Paflage.
TiBy Wounded
in the Knee
with a Cannon
Bulkc.
Carried woun-
ded to Ixgold-
fiadt.
(1 78)
Hifiorical Collections,
rt.- dies at
Ingoldjladt.
[Jn. 1632.1 dead, before they could carry him to It7goUlfiadt^\M\\txt they thought
1 to fet his Knee, but all in vain •■, for after they had taken out of his
I Thigh four broken Bones, with unutterable torment to him, Lis
Weakness, Age, andGriefi together with his Vexation and Melan-
choly brought him to his Grave.
His loft was very much regretted by his own Party, and had bin
more, but for his misfortune at the Battel of Lipfick,^ and fince that
which befel him after his Conquefts. Many then remember the words
of the Adminiftrator fpoken after the flaughter of Magdenhurgh ;
That l^lood could not he expiated but by Blood 5 and that the Anions of
Murderers were very ommom to the Soitldery, fooner or later. In fine 5
except fome of thofe Miladventures mentioned, Tilly\ Reputation was
unfpotted, and his Courage, Valour, Experience, his Credit with
Men of War, his Condud, and his fignaliz'd Services to his own
Party for many Years, might juftly challenge, on his behalf^ the Title
of one of the Greateft Commanders of the Age. He obliged the
Souldiers to cheriih his Memory by a Legacy of 6cooo PvixdoUers,
which he bequeathed to the Veteran Regiments that had (erv'd under
him.
His Legacy to
the Souldiers.
The King if
Hwiden in
gieat daiv^ct-
The King of
Swcdeni An-
fwcr to the
RecomiTicnda-
tionof his Ar-
my to manage
his Lite more
warily.
The King of Sweden having gained the Pafs over the Lech^ marches
xmo^avaria, deftroyed eighty great Towns, Caftles, and Villages,
Ingoldjladt only excepted.
The King of Sweden advanced ibmewhat too near, to (atisfy him-
fclf of the fcituation of Ingoldjiadt, according to his ufiial cuftora,
mounted upon a Gray Horfe : The Engineers of Ingoldjiadt conceiving
fome Perfon extraordinary in that Equipage, fo level'd the Shot, that
a Bullet took his Horfe in the Crupper, and covered him with Blood
and Duft. All his Retinue were in an unexprefTible Terror, but they
were foon changed into matchless Joys, when they undcrftood their
Head was lafe, and their King ready to mount another Horfe, with-
out any other Tranfport, and returned God thanks for his Prefer-
vation.
All the Camp bore a part in this Aftonifhment and Joy, and foppli-
cated the Ring carefully to manage the Lives of fo many Millions of
Souls as depended (under God) on his Condud, fince his Courage
would not permit him to manage his own.
The King replied •-, That the outlet that fainted him fo near that day^
did put him in mind that he was Mortal^ and fnbje3: to the fame Acvi-
dcnt as the meaneji of his Souldiers^ and to that general Law^ which no
Crowns^ Vr&orks^ nor Armies can avoid. That it remained only for him
to refign himfclf to God's Providence^ and that his Comrades who had
their Arms in hand with him^ fiould firmly believe, that the jufiice of the
Caitfcy for which they expofed themfelves to the hazard of ^rms, had other
dependency than his Life only. That the German Liberty would not want
M.^intainers, ncr thefe Perfons here Succef, as long as they kept themfelves
in God's Way.
After the Death ofTilly^ the Emperor was in great diftradion how
to preferve the Empire,half of it being already fubdued by the Swede:,
and the Duke of Saxony in a manner Mafter of 'Bohemia. The
Landgrave of Hejf caft himfelf on the Swede's fide •■> and the danger
to the Empire foemed fo great, as it dagger 'd the Duke of "Bavaria,
his
tiifiorical Collections,
(179)
his Country being now almoft ruined, whether to ftand any longer
to the Houfe of AHJiria,
The Emperor after many Confultatio ns, and the extremity of the
Affairs of Germany requiring it, obliged him to have recourfe to Wal-
lejieif;, whom he had formerly cafheer'd at the Diet at Ratisbotr^ as
the only Perfon that feemed capable to fave the Empire from Ruin 5
And the Duke of Bavaria, who had contributed much to the laying
of Wallenjiein afide from his Command, (and whom he perfeftly ha-
ted ) yet, feeing the Danger of his own Country, wherein the Swede
had made great devaftation, he feemingly complied with the Emperor
to make VVallenfiem Generalijjimo. And now was the Emperor put to
great Difficulties how to gain Walkfijiein to accept of that Command 5
whereupon he privately permitted his Relations and Kindred to go
unto him to found his Inclinations, and to tell him what an Honour
it would be to him once more to be Generalijjimo of the Empire, and
fo to fpread his Fame throughout the World : But Wallenjlein well
perceived the Artifice. He now faw the Bufinefs brought under his
hands to efFeft the fecret Defign which he had in his Thoughts 5 fb he
anfwered his near Relations very fparingly and modeflly, that he was
grown old, and dcfired to remain Quiet, and not to be robbed of his
Repofe 5 and did much deplore the Misfortune of his Soveraign, the
Emperor, as if he had bin deeply affefted for him, having at that time
Revenge in his Heart againft the Emperor, for the faid AfTront put
upon him.
But at lafl: feeing himfelf inceffantly prefTed, he gave fained words,
promifing his Service but for four Months only, in which time he
would undertake to raife an Army of 30000 Men ; but declared, He
would be Sole and Abfblute during that time, meaning not to be com-
manded by the King of Hungary, Ferdinando the Emperor's Son. For
Wallenjlein retained privately in his Thoughts to ufurp the Kingdom of
T^ohcmia, and to Aft fb for future, as to make himfelf King there-
of
His Acceptance of this Command gave Reputation to the Affairs of
the Emperor --, he gave out Coramiffions to levy 60 Regiments, and in
two Months time raifed an Army of 90000 Men, having fbme fup-
ply of Monies from the Emperor, and the Princes, and great Cour-
tiers about the Emperor, who did contribute much towards that Ser-
vice, His Army was no fboner ready, but he fent to Vienna, that the
Emperor would fend a General to command them 5 in the mean time
he put in Emploiment the divers Colonels and Captains, and other
Officers, whom he had retained fince the time that he was difmiffed his
Command ; and his Kinfmen and Confidents had thegreatefl command
under him. At which the Minifters of Spain and 'Bavaria were ftart-
led, and feared he fhould continue in Command, apprehending he
had a Defign of his own to revenge Injuries, and therefore would
have had the Emperor to make Ferdinando King of Hungary, his Son
to be Generalijjimo •-, but the Conditions of Affairs was fuch in the
Empire, as they mufl cafe themfelves upon Wallenfiein, and upon his
own Terms.
And by the beginning of ^pril, he marched with his Army to-
wards 'Bohemia to recover the City of Prague from the Duke of Saxo-
ny, wherein the Duke had 7000 Soldiers ; and Summons being given,
the Duke rcfufed ; Wallenjlein makes a Breach with his Cannon, and
*a 2 commands
8 Caroli.
Hijlorical Collections.
Commands the leffer City to be Stormed, but the Saxtm beat them otf
many times 5 but Wallefiein refolving not to fpare Mans Fle(h, makes
his Horfe drive the Foot on again, and fo overlays the Saxons with
numbers and frequent attempts by Arms, that he by force enters this
leffer City, which prefently brought the other City to Compofition,
to go out with their Lives and Baggage, only with Swords by their
I (ides, and leaving their Colours, and other Arms behind them. Here-
upon Wdkiiein fends the Colours he had taken wFjema, and the Em-
peror creates him Duke of great Glogau in Silefa.
And Wallefiein afted very fuccefsfuUy in Bohema, fo that in the
month of June he took Egra a ftrong Garifon Town, and other places.
About the 17*^ of jf«»e, WalleUein and Bavaria join all tlieir Forces
againft the Ring of Sweden, refolving to vifit him at Noremhurgh, where
the King had intrenched himfelf, being too weak at that time to En-
counter WalleUein and Bavaria, and Wallefiein makes his Head-Quar-
ters betwixt Noremburgh and Fttrt, where July the ^th he fate down
and intrenches himfelf, having the faftrtefi of the Woods, and the tops
I of the Hills, and the advantage of being between the two Rivers
Rednit-z, and Pegnitz,. Thus did Walleslein put his Army betwixt the
Ring's Camp, and the Country of Francoma, whence his Forces and
Viftuals were to come, yet the Ring al(b had the help of the Town of
Noremburgh to fupply the Army with Provifions.
On the 18//) of Jiugufi the Ring had drawn together thole Forces,
which he had fent abroad under the Commands of Oxenficm, the two
Dukes of Weymat, the Landgrave oiHeJJein and Bannier, and on the
2 ii?of Augufi the Ring took a veiw of the whole Army drawn up
into Battalia before Wallefiein s Trenches, and ftood in that pofliure all
day to make a Brave upon him, the Ring's Army confifting of 26000
Marching Men in Field & Battalia,and at this time in good health and
lufty : but notwithftanding this Bravado, Wallefiein would not budg
a foot out of his Quarters, thereupon the King caft up three great
Batteries, and from thence played inceffently into Walknficins Quar-
ters, he thundring the like into the Swedes Quarters. But the next
day, (^'igttfi 22. ) the Ring perceiving the Waikilciners wifely with-
drawing themfelves out of the Beat and Flaking of the Swcdifh Ord-
nance, the Ring difmounted his Cannon, and removed to pofl'efs him-
felf of a certain Hill, which commanded Wallefiein s Leaguer, hoping
to beat lum out of his Quarters, and to force him to fight. Which
Wallefiein perceiving, retired himfelf into the Forefl: called Altemhirghy
where he made ufe of an old Fortrefs, and ftrongly intrenches him-
felf, and barracado'd up all the ways, by cutting down round him the
Trees. The Hill was very high and fteep, craggy and bufhy.
But, notwithftanding all Difeouragements, the Ring having got all
his Army together, refolved to force Wallefiein out of his Trenches by
Allault, which manyj of his own Commanders, as well as Scotifh Offi-
cers, would have perfuaded the Ring againft making an Attempt upon
him on fo great E)ifadvantage. But the Ring underftanding the Em-
peror had fent to Walle^fein to avoid fighting, to weary out the Swede
by delays, was the rather refolved to attaque him in his Trenches,
the Ring of Bohemia and Marquefs Hamilton being at this time with
the King of Sweden, were Eye-witnefl'es of what followed prefently
I after in a (harp Encounter.
On
1
Hiftmmi iQbllectms,
Oh the Noreml/in^ fide of his Trenches the Ki4ig caft up three
great Batteiics, and frorti therice played inceflantly into Wafkjiein'i
Quarters, he thundering as furioufly upon the Stpede again. General
Baf!>ikr at that time was (hot in the left Arm above the Elbow.
The King cau(ed (bme greater pieces of Ordnanc'e to be mounted
upon his Batteries, and feeing then they did no hurt to the Enemy,
for Wjllejicws Men drew out of the reach of the Swedifti Ord-
nance 5 Hereupon the Ringealifed his Ordnance to be di (mounted,
and drew the Ncnmhrgers out of their Trenches , and that day
padcd mod part of his Army over the River T^dmtz., a little above
Furii, where th6 EtigliJIi and Sxots were placed to fecure the Pa(s.
V/alkJiem perceiving the King's intention topoflefi himlelf of a cer-
tain Hill which would greatly advantage the King to beat up his
Qi^iarters, thereupon retired into the Foreft called ^Itemlurgh^ and
ftrongly intfcncht himfelf, and barracaded up all the Ways, cutting
doWn all the Trees round about, having a high Hill, and very fteep
for his advantage 5 neverthelels the King refolved to fall upon him in
his Trenches.
The King himfelf led the Van-Guard of the left Wing, Duke J^>///^?;»
of Saxon JVcj^cr had the honour of the Battel to clofe up the King's
right hand, and Duke hco-nard with the Landgrave of He/fen, brought
up the Rear ^ fome ofthele Troops were fent to fall upon the ruinous
old Caftle of Alicmbergh on the Hill, the winning and defending of
y/hich old Caftle fpcnt ten hours time 5 on both fides many a brave
Gentleman there loft his life, many wounded, and many taken Pri(b-
nei-s. Then the King himfelf led on his Men clofe to the Enemies
Works and Batteries, but Wal/enjiein made a ftout refiftance, having
the advantage of the higher Ground, Trenches and Batteries, main-
tained the Fight with extremity of confidence •-, the Cannons and
Mufquets firing all day long , both fides were defperate in maintain-
ing the Fight with Terror, Fury and Obftinancy, Regiment attaquing
Regiment, until the greater part of the Foot on both fides were
througly ingaged in the Medly. Moft of the Svpedes being come down
from the Caftle to the Plain, there began another Encounter, the Ene-
mies Cunafliers ifluing out upon the Swedes Mufquetiers, did (b much
overlay them, that they forced them to give ground,and many brave
Commanders of the Swedes there taken and flain.
The night beginning now to approach, put an end to the Skirmifh,
and both fides began to fall off from one another, having loft their
Sight rather than their Courage. Thus was there a drawn Battel. The
Swedes indeed loft their Hopes,and the ImferialiUs kept their Ground 5
the King did now (when too late) call to mind that many of his own,
as well as A^// Officers, perfuaded him againft this fo rafh Attempt.
Now it was high time for the King of Sweden to found a Retreat ;
and much better had it been (faith one Hiftorian) that a Charge had
never bin founded : it was almoft an impoffible thiiig to get up the
Mountain and attaque that old Caftle without huge' Di(advantagc$.
In this late Adion on the King's fide were flain the Count Erjpac,
Ma). Gen. BoctJuf^ and divers of the ErgliJIy and Scots ^ And now the
King perceiving that Walleilein was refolved to tire him out with ex-
pectation of a Battel, and that be would upon no other Terms accept
of the Encounter, judged it his beft courfe to leave the fullen General
in the faftnt(s of his Trenches, feeing h^ would not be drawn to a
Feild
(18 0
8 Car ah.
Auguft 14.
WMlefltin in-
trenches at
Altembergh,
The Affiult.
The King leads
on his Men.
A defpcrate
Fight.
The night
pans them.
A dr.nvn
Battel.
Better never
begun.
Commanders
flain.
(l§2)
Hisiorkal Collections,
The Kins^ at
Nuumkirgh,
Two En^lifl)
Commanders
taken piifo-
ners.
Detained till
the B.wtel was
over.
The King chal-
lenges the Im-
perialills to
fight. .
Tl;e Day of
BattLl.
A great Mi ft.
The Word.
Feild Fight. So the King rcfolved to enter into Aftion by way of di-
verlion, having (ccured Noremherg, a place which had been good to,
and tender of his Army, by leaving Kmphaufen with fufficient Forces to
defend the place againft Wallenjlew ; fo the King refblves to fall into
Bavaria amongft fome of the Catholick. Leaguers Lands, and to force
out Wal/ejlcm by that diverfion : And on the Sth of September the
King difbdges, and WalleUein diflodges likewife.
Afterwards there happened many Encounters between Parties of
both Armies, which we forbear to mention, left it weary the Reader,
therefore accept a breif account of the King's return to Noremburg^
and of the Battel at Ltttzen, Novem.6. 1652. where the King of ^ive-
den was Slain, referring to a more large account in the Appendix.
On Thurjday November the li? the King ofSrveden arrived at Naimt-
liirgh^ and the fame day went out upon a Party for difcovering the
Enemy --, after him, that afternoon went out thefe three Englifh Gen-
tlemen, L. Col. Fraffcfs Terwhit, Serj. Ma). John 'Vaiikt, and Capt. Ed- 1
ward Fielding. Thefe three taking the right hand way,the King being
gone on the left, fell into an Ambufli of the Crahats. The firft and the
laft were taken Prifoners , and were carried into the Imperial Leguer,
and kept under a Gaurd in the rear of the Army all the day of the
great Battle at Lutzen. IVallejlein marched to L///z.c», wherCjand in the
Towns thereabouts, his whole Army Quartered.
The King thereupon parted out of Naumhurgh , and doubled his
March,yet it was night before the Army could get within two Englilh
miles o'l Lutzen. The King had an ill Pafs to get over within two miles
of Lf/tzen, and the King had another Pafs right againft tlxit which
the ImperialiUs had poltelTed ; he from thence let fly fome Pieces of
Ordnance among them, to let them know he challenges them to Fight,
but they not liking the place, marched ofFin the night.
The Imperial Army was in a terrible Hubbub at the King's (udden
coming and getting over the Pafs, and Wallejlcin began to think of
places more advantagious to engage in Battel. He mounted his Ord-
nance upon the Windmill Hills, and then began to cait up a Trench
of Earth about them, working all night, and to make the Hedges and
Ditches to ferve for Breaftworks to lodge his Mufquetiers in.
Tuefday, the fatal fixth of November began to draw near, the Druriis
beat a March towards the Enemy, but the morning proved fb mifty,
that it was impoffible to fee which way to march ^ but about eight of
the clock the Mift brake up ^ the King having made a Speech at the
Head of his own Forces, and to the German Troops, gave the Word
to the Souldiers, which was (ScU tuiti) 230 •-, Wallcjhijh Word was
the fame which TjUji had, Jefu Maria ^ the King advanced about nine
ofthe clock and fhot off his warning Peice. The King's Army having
all the way a full view ofthe Imperial Army, by which they perceived
Wallejlein had much overpowered them in numbers, having a mighty
long Front much above an Englifh mile, from one Wing-end to ano-
ther, which might well be, for Wallejieins Difcipline was to march ten
deep in File, and not many in Referves. The Armies being come with-
in Cannon-fhot, the great Ordnance began to play terribly on both
' fides, till they joined Battel, and came to a clofe Fight, wherein the
King ofSvpeden was tlain 5 or rather in a Party of Horfe with which
he went before the Fight to difcover the Poflureof the Enemy before
the Mift brake up, and was furprifed by the Curiafiers, and the King
and
•s^.
Hiftortcal (Collections,
('8?)
and the Ring and his Party cut off 5 yet the Viftory was obtained over
Wdlktrjiein and his whole Army. As for the Particulars and Circum-
ftances attending this Battel, fee more at large in the Appendix.
This Year was remarkable for the Death of three Kings ^ Sigifmond
King of Poland^ who died the 29/A oi^ April -^ Gujlavus Adolf hus King
of Svpeden^ who was flain on the Bed of Honour, November the 6th i,
and Frederick^ Ring of "Bohemia, who died of the Infeftion the i Qth
of November.
Wdllenjlcin Duke of Fridland^ and the Emperor's Gemralijfimo^ and
a Prince of the Empire, was near his End ; which gives us occafion
to {peak fomething of that great Commander,by former Succefles over
the Daves and Saxons , who having collefted his Forces at Egra in
'~Bohef}iid^ and paid them three Months Pay in Mony, took the Oaths
of Officers and Souldiers to himfelf, without naming the Emperor at
all. And now his Revenge for being cafhiered at the Diet at T(atif-
bon, breaks out, and the Difcovery is made. That he was to join with
the Swede^ and fhare all between tiiem, and Walknjiein to be made
King of Tichcraia.
The Fmperor feeing the Danger he was in, makes fure of the Gar-
rifon of 'Pn/^»e, the Capital City oi"^J^obewia^ by a round Sum of
Money.
Two of the Fmperor 's Colonels, Gordon and LeJIie, Scots, and
IButler an Irifli Officer, being faithful to the Emperor, and abhorring
the Defign of IVa/kfrJiein to betray his Matter, confpire Wallenfieina
Death ; and "Antler comes firft to him in his Bed-Chamber at Egra^ as
he was drefled for his Bed, cried out unto him, Then Traitor to tkc
Emperor and Empire^ and ran him through the Body with his Partifin
ftarkdead, and threw him out of the Window (as fbme write^ and
thus ended that Ambitious and Revengeful Man.
This Charafter is given of him. That he was the Son of a Baron in
'Bohemia, and not raifed from the Plough, as fbme would have it -■, for
a Baron in 'Bohemia is one of the greateft Lords in that Kingdom, in
which there are neither Dukes nor MarquefTes. The Barons being Co
jealous of their Dignity, that if a Stranger Duke would be natura-
lized l^ohemjan, they would oblige him to quit his Title, and to con-
tent himfelf with theirs.
His Father brought him up in the Proteftant Religion, and would
have had him apply himfelf to Letters ; but his turbulent Spirit in-
clined not that way, which induced his Parents to fend him to Court
fboner than they intended. So they prefented him Page to the Mar-
quefsof ^urgh. Son to the Arch-Duke Ferdinand of Injpurg ; whiKl:
he remained there, falling from a high Window, without hurting
himfelf, he turned Roman Catholick 5 fancying, that after this happy
Efcapc, he was referved for fomething extraordinary 5 fb he quit his
Maftcr, and travelled through Germany., into England, France, Italy,
and other parts ^ and having much improved himfelf, returned into
Germany.
The Troubles of 'Bohemia following, and the Nobility of that
Kingdom confederating againft the Emperor, Wallenftine was employ-
ed by the Emperor, he defeated SoooHnngarians with fifteen Troops
of
8 Carol/.
T^e Death nf
three Kinss.
Ambition and
Kevcngc.
muidcied.
Charader-
(>84) 1
W^oncal Collections,
• aooo Eoglilh
fent to the af-
fiftance of the
of Hor(e, which purchafcd him very extream Fame, and very ex-
treara Envy.
In this high Emploiriient he added much to his Reputation, in
taking the Town and Diocels of Halberjladt f, conquered Hall and
its Bil^oprick ^ wafted the Territories of Magden burgh, entred into
thole of ^nhalt, fortified Dejjan, defeated Mansfield, and with him
4000 Fkmmh7gs, the chief Force of the DaniJI} Army. After that,
perceiving that Mansfield and Weymour, "w'Mh their Forces, bent towards
Hungary hy way of Silefia, to give Life to the Rebellion, and join
with ^ethlem Gabor ^ he purfued liethlem and Mansfield, and finding
them at the Siege of Nove grade, vanquifhed them, cut in pieces the
Janifaries that were come to the Succour of Tranfilvania, and drove
,31ansfi'eld out of Germany, who had bin its Terror for fo many
Years ■, returning into Silefia, where he found Weimour dead, he ob-
liging half his Troops tofurrender thcmfclvcSjand overcame the reft 3
took in all the Revolted Towns, and after he had pacified the Here-
ditary Provinces, led his Viftorious Army, ftrengthened by that of
Tilly, againft the King of Denmark-
With thefe great Forces, he defies the Marquefs of TJrlach, con-
quers the Archbiftioprick of T^ream and Holf-.cc 5 filled his Troops
out of the new Levies that Charles of Lawenlmrgh had railed for the
Enemy; rendredhimlelf Mafter of all that lies between the Ocean
and the T^ultick^Sea, leaving the King of Denmark, nothing but
Glucfiadt, and that little corner of Land which is feparated from the
reft of his Dominions. Wallenjiein drove the Ring of Denmark^ out
of 'Pomerania, into which Province he had made a Defcent and Pro-
grefs, forcing him to remount his Ships, where yet perhaps he had not
found his (afety, if Wallenfiein had had Sea-Forces 5 infomuch as from
that time to the Peace of Lubeck^, the Dane never enterprized any
thing, contenting himlelf to fuccour thofe of the Sound, who were
only able to ftop the torrent of the Imperial Arms, which fo many
Nations had in vain oppofed.
In this flourifhing Eftate of the Empire, leaves Tilly Lieutenant
General to the Duke of 'Bavaria in Frize, to take up his Winter-
Quarters 5 but in effed it was,that the Emperor might not have any lon-
ger the Duke of "Bavaria for Companion, and that himfelf might re-
main without Competitor, fole Direftor of all things.
Fcr<5/;;/i/W(^ the Emperor conferred on IVallenfiern the Dukedome
of Mcckjcf^burgh, who became Mafter of that Eftate and Title. He
(ecures himfelf of all the Ports in the T^altickzSea except the Sound,to
which he lays violent Siege.
And now he might quietly have enjoyed the Glory of his great and
faithful Services, if his Ambition (that was always above his For-
tune) had not tranfported him ; he was ftiled Highnefi, Eating alone,
ftamping Mony, foliciting Audiences, afFeding to reiemble Kings 5
which corrupted the folidity of Vertue,and he was brought to an un-
timely end.
The Emperor of Mufi:ovia having a defign to regain a great Tov/n
out of the King of Poland's Poffeffion, called Smolenskpe, being a
ftrong Place, lying in the Borders of Poland, formerly taken by Si-
gifmond King of Poland from the Mjifcovite ; he appUed himfelf to
xhe.YiV[\go£ Great 'Britain for leave to raife 2000 Englifti Men 5 to
which
HiJloYical Collections.
(185)
which the King gave confent, and recommended Colonel Thomas San-
derfott to command the Men that (hould be raifed. And having got a
double Regiment together, he tran(ported them by the North Cape,
and landed them at J4rch-A»gel^ being the North Part and Port to
Mi/fio,
After they landed there, the 6th oCAuguJi this Year, they were no-
bly received and treated, and had large pay allowed unto them.
The Miifiovites prefently march with a great Hofte,andlay in Siege
to Smolenskpe.
The Pole marches alfb with a Potent Army to raife the Siege, and
entrenching himlelf with all the Advantages that might be, to fecure
his Army againft the Aflault of the Mnfiovite, and yet (b ordered his
Trenches, that he might by degrees fend out ftrong Parties to cut off
Provifions from going to the Camp of the Mufiovite.
The General for the Mufcovites^ had a Defign with 3000 Foot and
Horfe, to fall upon the Pole in their Trenches, being weakned at that
time by drawing off their Horle to prevent the Mufcovite from being
relieved by Provifions.And having defigned Colonel Sanderfin to com-
mand the Men, appointed him to attaque the Enemy in one Poft :
The General and he took a (erious view of the Enemy's Camp, where
to fall on. At which Colonel Lejly^ a Scot, was offended that the
General had not honoured him with that Service 5 and an Alarm be-
ing beaten, when they were taking the view, the General commanded
Scwderfon to haften to his Quarter s and in his paffage heifly (hot him
dead with a brace of Bullets, without giving him the lead warning to
defend himfelf
Upon which Murder, the Englifh fia a rage) drew into a Body
to be revenged upon hejly 5 the Scots likewiie drew iuto a Body, but
the General prevailed with both Parties to mind their Duty againft
the Enemy, and promifed the Murderer (hould be fecured, and ac-
cordingly he was put under a Guard. But the Enemy, the Pok^ un-
derftanding this Diftraftion between the EngliJIj and Scots in the Muf-
covite Army, falls upon the Miifiovites in their Leaguer, greatly difbr-
ders them, and kills five or fix thoufind Men, and conftrained the
Mufcovite to accept of difhonourable Terms 5 for a Peace was then
concluded of all Matters in difference between tho(e two Princes con-
cerning their refpedlive Claims to that and other Places.
After the General of the Mufiovite returned home, he had his Head
cut off, and his Son the Lieutenant General, was whipt to Death a-
bout the Streets, and his Family banifh'd for ever into the Country of
Ibera, there to catch Sables for the Emperor's Profit.
The Murderer Lp7?y,after fomc time of durance in M«/?<?z;w, was (ent
into England aPr'ifonev-, and here he was committed in Order to a Trial
before the Court of Chivalry, where he was profecuted by the Friends
of Saffderfin -J but that Court found they could not here punifh
Murder with Death, which was committed in a Foreign Nation.
Lefy afterwards obtained his Pardon, and then returned again into
Mufiovia, where he was, upon (ufpicion of Treachery, imprifoned
and condemned to Die , and from the top of a High Tower was flung
down upon (harp Stakes, and Spikes fixed in the Ground j and in that
torture, endured for fome time a lingering Death.
At
8 Caroli.
Well received
and treated.
Co\. SJnderfon
fiain by Col,
Ihc Pole takes
advantage of
the dlfierence
between the
En^ltfh and
Scon.
A Peace con-
cluded.
The Mupa-
•vite's General
put to Death.
l-efij km Prl
foncr into
England,
(i86)
HiHoYical Collections,
A>7. 1632.
At this time a Proclamation came fortli for the well ordering of the
Silk-Trade to thiscffeft following.
' TT 7*Hcrcasupondi(covery of {bme notable Abiifcs in the falfeDy-
' V V ing of Silk, which had crept in upon the Tradc,by the Fraud
' and Covetize of (bme ill-difpofed Perlbns^ whereby befides theunjurt
' incrcafe of the Weights, the Silk was weakned and corrupted, and
' the Colour made worle, to the great abu(e of Us and Our Subjects,
•■ and to the apparent overthrow of the whole Trade, if the lame
' (hould not have bin prevented : We taking into Our Princely con-
' fideration the many Benefits that do redound to 0\ir loving Sub-
' jefts, by the Importation of Raw Silk from Foreign Parts, and
' working the fime into Manufactures here at home, whereby multi-
' tudes of Our poor People arc daily (et on Work and maintained,
'• though to Our own Io(s ^ did heretofore, by our Publick Procla-
" mation, given at Our Court at Famhant^ the ninth day of ^nguli^
' in the fixth Year of Our Raign, utterly forbid the ufe of all Cuch
' Deceit and Fallity in the Dying of Silks, and for the preftnt did
' thereby prelcribe fome Rules to be obferved for the preventing ot
' the like Abules thereafter, until upon ferious and mature delibcra-
' tion, by the Advice of Our Council, We (hould be able to make a
' more abfolute Reformation.
' And whereas We finding by experience upon other Trades, That
' this (b great and good a Work was not throughly and perfedly to be
' done and performed by any other way, than by a Corporation to
^ confi(t of thofe Perfons and Members thereof, who having know-
Medgin the feveral Trades or Myfteries of Working and Dying of
' Silk, could bcft take timely notice of, and di(covcr the ieveral De-
' ceits and Abu(es, which otherwi(e would from time to time be at-
' tempted and u(ed therein ; upon mature confideration, did thcre-
' unto incline Us unto the way tending to the encreafe of the l^iid
' Trade, and maintaining the eftimation thereof, ( which we much de-
' fire) 5, and thereupon by Our Letters Patents, bearing date at Weji-
' minUer the twentieth day of Miiy lafi:, did Conftitute, Ordain,
' and Declare, That the Per(bns therein named, being Peribns ufing
' the Trade of Buying, Selling, or Working of Silk, Gold, and Sil-
' ver Thread, and the (everal Manufafturcs thereof^ and their Succel-
' fors, (hould for ever hereafi:er be one Body Politick and Corpo-
' rate, by the Name of the Governotir and (^ompatiy of Si'/^wen of Lon-
' don, for the well ordering of the Silk Trade throughout the King-
' dom of E}iglat7d ^ thereby giving them full Power and Authority,
• to Make, Ordain, and Efkabliih all, or any fuch Laws, Statutes,
' Afts, Orders, Conflitutions, and Ordinances, for the good Govcrn-
'ment. Order and Rule of the (aid Governour and Company, and
<■ every or any of them : As alfo all and finguLn- other Subjcfts of Us,
' Our Heirs and Succeflbrs, rcfiding within Our Kingdoms of EttgLtnd^
' Ireland^ and Dominion of Wales ^ and intermedling with, or in
' any wife ufing or exercifingthe Art, Trade, or MylU-ry of a Silk-
' Man, Selling or Working of Silk, Gold or Silver Thread, or Ma-
' nufaftures made of them, every or any of them, as to them (liould
' (cem meet and convenient, for the taking away, puniQiing and pre-
I ' venting
Hifiorica! (Collections.
venting all pafcnt and future Abufcs, that then had, or at any time
then after fhould or might arid-, or grow upon the dime Trade,
in the Throwing, Twilling, Dying, Mixing, Weaving, Working,
or Selling of Silk, or Silk-\Vares, or Gold or Silver-Thready or in
the leveral Manufactures made of them, every or any of them, and
nlfo all other Abules whatlbever, from time to time, growing or ai i-
fing upon the Silk Trade.
' And the fame Statutes, Laws, Ads, Orders, Constitutions and
Ordinances fo had and made, to put in ufc and execution according-
ly ^ and at their pleafure to Revoke, Repeal, and Dillolvc the
(iime, or any or them.
' Which Letters Patents wc were the rather inclined to grant, for
that We repofed fpecial Trull: and Confidence in thole of the Hiid
Company, for the well-ordering of the faid Trade, and taking away
the Abufes uled therein. That whatfoever Silk (hould be found to
be thereafter heavy dyed, (ball be burnt and deftroyed.
' And in regard of the certain Weights fet by a former Proclama-
tion, We have repofed fpecial Confidence in the Care and Induftry of
the laid Governor and Company, to command Obedience thereunto.
I (187)]
8 Carch.
Titles 0/. PROCLAMATIONS, ^c.
^ro yfnno 1652.
Proclamation commanding a due Execution of Laws, con-
cerning Lefit and Fajiwg Dajs.
A Proclamation commanding the Gentry to keep their Refidence
at their Manfions in the Country, and forbiding them to make their
Habitations in London, and places adjoining.
A Proclamation inhibiting the refort of his Majefty's People to the
Court for Cure of the King's Evil, and to reftrain the accels of others
from Infefted Places.
A Proclamation concerning the well-making of Soap.
A Proclamation concerning the Poft-Mafter of England for Foreign
Parts.
A Proclamation to reftrain the TranTportation of Corn, Wool!,
WooU-fells, Fullers-Earth, and Leather.
In Cam. St ell. Coram Cone. ibid. 12. die Odiob. ^ntioOctavoCzvoXi
Regis. Tho. Jnpp.
A Proclamation concerning Gold Weights.
Greenwich ,
June 24.
Greenwich,
June 10.
Greenwich,
Juncio.
Greenrvich^
June 28,
July 19.
Hiimpton-
Whitehall,
Decciixb.2o.
(i88)
Hinorical Collections,
Wh$tehAll,
Jan. II.
Whitehall,
Feb. 18.
Whitehall,
March lo.
WhitehAlU
March 12.
A, Proclamation prohibiting the making up of Girdles, Belts,
Hangers, and other Wares for Mens wearing, or for War-Service,
with Brafs Buckles.
A Proclamation for Prifing of Wine.
A Proclamation againft making CoUeftions without Licence under
the Great Seal.
A Proclamation concerning the Prifing of French Wines.
Hiftorical
.y.^i:.i ;:^i^^'t:
Hiftorical Collections ?
for the Year, 1635.'
The Arch-Bijhof of Canterburies I)iary for the
Tear ^ i 6
3 3"
N the I -^th of Majy being Mmday, I fet out of London
to attend King Charles into Scotland.
May the ii\th the King was to enter into Tork in
State.
June 6. I came to Barrvick ; that Night I Dreamed, that K. B.
fent to me in Weftminfter-C/'«rc/', that he was now as defrons to fee
me as I htm ; and that he was then entring into the Church : I went
with hope, hut met another in the middle of the Church, who feemed
to know the bufinefs^ and laughed, but K. B. wai not there.
June 8. Whitfon-Eve I received Letters from /(". R unaltera-
ble, &c. by this if I return, I fhall fee how true or falfe my Dream
is, &c.
Saturday, June 1 5. 1 was R\'orn Councellor of Scotland.
June 18. Tuefday after Trinity Sunday K. Charles Crowned at Ho-
ly-rood Church in Edenburgh. I never faw more expreffions of Joy
than were after it, &c.
June 1 9. JVedne/day, I received two Letters from /(^.B. No Chang-
ling, c^c. within three hours after, other Letters from /C. B. be-
lieve all that I fay, ^r .
June 2g. Friday, Letters from /C. jB. no D. true, if not to my
contentment, drci June 30. I Preached to his Majefty in the Chap-
pel in Haly-rood-Houfe at Edenburgh.
July I . Monday I went over Forth, to Brunt IJland.
July 2. Tuefday to St. Andrews.
July 3 . Wednefday over Tay to Dundee.
July 4. Thurfday XQ Fa^dkland.
July 7. Sunday to St. John [Ion.
July 8. Munday to Dumhlane^vA Strivcling,YS\y dangerous and cruel
Journey, crofRng part of the Highlands by Coach, which was a
M'onder there.
July 9. Tuefday to Linlithgon^ and fb to Edenburgh.
July 10. Wednefday, his Majelliies dangerous paflage from Brunt-
I/land to Edenburgh.
July 1 1 . Thurfday I began my Journey from Edenburgh towards
Eondon.
JulyxT^. Friday, that night ztlnnerweek ; I dreamed that L.L.
came and offered to fit above me at the Council 'Table, and that
L. H. came in and placed him there.
A a July
'75
9 Caroli.
Arch-Bifliop
of Canterbury's
Diary.
2 1 efi B'lihop
of Lincoln.
ideflLordof
Hoiund.
7
6
yi'^
[6j3.
H?fIorical ColleUions.
■"^aaftrr
;r/rr/7, ha-
_7///r 20. Saturday xhc King came from Scotland to Greemvic-'
ving come Poft from Barwia: in four days, (being 260 Miles)
rnd:tji July 26. I came to my Houfe at FulhaK/, from ScotLxnd.
July 28. S;mddyi, K... B. and I met, all the ftrange difcouries
miftaken, I went away much troubled, but all fetled again \A'ell,
Augufi 5. Sraicrday following.
Sunday^ Afgnfl ^. news came to Court of the Lord Arch-Eifliop
of CaKterhrries death, and the King relblved prefently to give it
me, which he caA Augufi 6.
. AnoHJl 4. That very Morning at Greenwich^ there came one to
me ferioufly that vowed ability to perform it, and offered ane to
be a Cardind .- I went prefently to the King, and acquainted him
both with the thing and Perfbn.
Aitgnfi 7. Wedficfday , abfolute fettlement between me and
1^. B, after I had made my cafe known at large. God blefs me
in it.
Augufi. 1 4. Wedmfday, a report brought me that I was poyfbn-
ed.
Augufi 17. Saturday. I had a ferious offer made me again to be
a Cardinal ; I was then from Court, but ib fbon as I came thither
(which was I'Vedm-fday , Augufi 21.) I acquainted his Majefty
with it : but my AnfM'er again v. as, that fbmewhat dwelt within
me, w hich would not fliffer that till Rome w^ere other than it is.
Augufi "2 i^. Sunday y my Election to the Arcb-bijhoprkk was re-
turned to the King, then being at }Voodfiock.
Septemttr 19. 1 \^'as tranflatcd to the Arch-bifjjoprkk 0^ Canterbury,
The Lord make me able, &c.
The day before, M'hen I firft went to Lambeth, my Coach, Horfes
and Men funk to the bottom of tlie Thames in the Ferry-Boat, \y\rich.
was overladen, but Ipraife God for it, I loff neither Man nor Horfe.
No-vember 1 3. Wednefday , Richard Bojer, who had formerly
named him lelf Lrjrt'o.i'/V/' , was brought into the Starr-Cha^nbsr, for
mofl: grofly mifiifing me, and accufing me of no lefs than Trea-
fon, 8fc. He had broke Prifbn for Felony when he did this. Kis
Cenfiire is upon Record, and God forgive him. About the begin-
ning of this Month the Lady Davis Prophefied againil me, that I
fliould very few days outliv^e the fifth of A^oz/fW^er, And a httle
after that one Green came into the Court at St. Jawe/'s, with a
great Svrord by his fide, f^,vearing the King fliould do him juftice
againft me, or he would take another courfe Mith me. All the
wrong I ever did this man was, that being a poor Printer, I pro-
cured himof the.Compariy of the Stationers five pounds a Year
during his Life. God preferve me, and forgive him : he was com-
mitted to A^engate.
Sunday, November 24. in the afternoon I Chriflned King CZ'^tr/w
his fecond Son, James Duke of Tork, at St. James's.
A
Hijlorical Collecfionf.
^77
A thankfaiving for the Cife Delivery of the Queen's Ma-
jelly, and happy Birth of the Duke of York.
OST Gracious God, and Lovi/tg Fat her j we give thee all humble
and hearty Ihankfy for thy great Mercy, inbkfjing the Queens
Majefiy with a happy Deliverance, in, and from the great fains and
Penl of Child-birth. We humbly befeech thee to continue and increafe
this Bkffing, that She may hafply overcome this, and all other Dan-
gers. That His Mofl Gracious Majefiy ?nay long have joy in Her mofl
happy Life ; and both of them Comfort in the Royal Prince Charles,
and the refl of their Princely iffue, particularly in the Newborn Prince
the Duke of York. That they may all prove a Healthful, Hopeful
and a Succefful Poflerity ; that both Church and Kjngdom may have
f nine f^ of Joy in them. That fo their Majefties Royal Perfons maybe
filled with Honours in this Life, and with Eternal Happinef? in the
Life to come. And this even for JefusChriJl his fake, our only Sa-
viour and Redeemer. Amen.
This Year His Maielly being relblved on a Progrels into Scotland,
on the 4?/y of May ilTued out a Proclamation to this Effed.
9 Caroli.
THat whereas in His Majefties Progrels through divers parts
of the Realm, necelity requires, That a great number of
His Maiefties Subjefts, not only Noblemen, but others, attending
his Service, and others for their neceflary Occafions, fliould fre-
quent thole places,where the King in His Royal Perlbn fhall relbrt ;
and it is therefore requifite that Competent Provifions be made,
that they be not expoled to the intolerable Avarice of Bakers, Brew-
ers, Inholders, Butchers, and Sellers of Viftuals, who do ordinarily
unlawfully exaft and demand unreafbnable and extream Prizes for
Victuals, Horfe meat, Lodging, crc. above the Prizes they were
fold at before the Kings coming into thole Parts: Therefore His
Majefty doth Publifli and Command, that all Perlbns do keep fuch
Prizes as are and fliall be Affefled and Rated by the Clerk of the
Market of the Kings Houfliold, or his Lawful Deputy, within and
without their Liberties, upon the prelentment of Jurors, by ver-
' tue of his Office Sworn and Charged from time to time.
' >~T~^He Kings Majefty having taken into his Princely Confide-
* P ration Ibme Incoveniences, which may fall out and happen
' in His intended Journey towards His Kingdom of Scotland, if pre-
' fentcarebe not had to prevent the fime,hath thought fit,by Advice
' of His Privy Council to publiOi and declare, That his Royal Plea-
' fure and Command is, that none of his Subjefts of what Degree
' or Qii.ality foever they be, during the time of His Maj.fties go-
' ing and returning in the laid Journey, lliall prefume within the
' Verge of His Majefties Court, to take up or poffefs themfelves of
* any Lodging, of their own private Authority, but fliall lirft re-
' ceive a Billet from his Majefties Harbingers, or fome of them.
' And his Majefty being gracioufly Pleafed and providently Careful,
' to prevent fuch Grievances, which may in this Journey happen
A a 2 to
Concerning
the Prizes of
Viftuals with-
in the Verge
of His Maje-
fties Houf-
hold.
Mj) the 5tfc.
A Proclamati-
on for well or-
dering His
Majefties
Court and
Train in His
Journey to
ScDtUml, and
return thence.
78
Hiflorical Coll&ions.
J».i6^^.
Proteflant
Nunnery.
' to his loving Subje£bs, doth likewife hereby ftraightly charge and.
* command, that none of his Majefties Servants, nor the Servants of
* any Noblemen, or others whatlr)ever fhall in the iiiid Journey
' prefume to take any Cart or Carts, but fuch as fhall be delivered
' unto him, or them by Ibme of His Majefties Cart-takers, or their
' Deputies : And lafHy, His Mafefty's further Will andPIeafure is,
' that this His Royal Proclamation and the Directions hereby gi-
' ven and Commanded, fliall likewife continue and remain in force
' for His Majefties Service and the good of his Subjefts, in all other
' his Majefties future Journeys and ProgrefTes whatfoever, the due
' obferving whereof his Majefty expects from all his Loving Sub-
' je3:s, as they tender His Pleafure, and wdll avoid the Contrary at
* their Perils,
May the I '^th. His Majefty having appointed the Lord CottinrTton,
to Sign all Pacquets, fet forward from London, attended by the Earls
of Northnmbprlmd^ArnnM^Pemhrook^Soiithumpton^ HolLtnd^ Marquefs
Hamilton, -^nd other Nobles and Perfons of Quality Jn his Progrefs he
ftept a little out of the way to view a place at Giddan near Stilton in
Northamptonfhire, which by the vulgar fort of People was called a
Proteflant Nunnery . When His Majefty came to that place, he un-
derftood that it was by the Inftitution and Appointment of one
Mrs. Mary Farrar Widow, aged about eighty years ( who faid fhe
bid adiew to all fears and hopes of this World, and only defired to
love God ) and none were permitted to refide in her Houfe and Fa-
mily, but liich as would devote themfelves to that Courle of Life,
which fhe by her Order had appointed, to frequent Prayers at cer-
tain Hours, Morning, Noon, Evening and Night-time ; they were
to Eat by Meafure and Drink by Quantity. Within the Chappel
was a Rich Altar, Crucifix, Candles of White and Green Wax,
and before they went to read Prayers they bowed three times before
the Altar, as they went up and came down, Thofe that entred
into that courle of Life with them, were at liberty to ufe any Vo-
cation within the Houfe, as binding of Books, teaching of Scholars,
others ftudying their Books. Laftly, the Fuundrefs was pleafed to
add this I iberty and Priviledge unto any that entred into that Soci-
ety, that if they had a mind to Marry, they fhould with freedom
have liberty to depart.
His Majefties Gefts were fetled to certain time and places before
he let out from London^ and Wdbeck in Nottin^^hamfljrre being ap-
pointed as one Geft, the King in His Progrefs was Treated there
at a Sumptuous Feaft, by the Earl ( fince Duke of Navcafik )
eftimated to ftand the Earl in fbme thoufands of pounds.
After the time that His Majefty parted from that Noble Earls
Treatment, He met with great Reception by the way, and Sumptu-
ous Feaftings at Turk, where he made fbme ftay, and at Rahv Caftle
where Sir Henry Fane^ His Majefties late AmbalTador to the King
of Denmark and S:vcdland nobly entertained His Majeftv. And at
Durham feveral days that Bifliop ( Dr. Morton ) moft fumptuoully
entertained his Majefty ; and the King going from thence, to the
Town oi Newcafile, that Place abundantly mewed their Duty and
AfFeftion in a Generous Entertainment oJpHis Majefty.
After
H /[I Otic a I CollcUions.
»79
After His Majeity parted iVom Nt-.vcajHc^ he haftened to BanricL-,
where Mr. ]Viddrif><rtof2 of (jrayrs-Jnne^ Recorder of that Tovn^ on
the Second day of "^{une entertained His Majeilv^ in His Paltapre
through that Place towards Edinburgh with this enfuing Speech.
t3"
Mo (I Gracious And Dread Sovereign.
i" 1 Hat the Noife of ufelefs and obfblete Canons, what thefe
/ ftrong yet delblate Walls, what the Rehques of Ibme-
times warlike !:o'jldiers, what the Ruines of a poor, yet ancient
Burrough, what all thofe would fliy, (if they could lay any thing )
and wiiat all we your Majeftici humbleft and meaneft Subje6ls de-
fire to exprefs with an unanimous and chcarful Acclamation, is
no more but this. That your Majefties Prelence doth now bring as
much Joy and Comfort to us all, as ever the lofs of this Town
of Barwick brought (brrow to the EnoL'Qj or Scotf/p Nation.
' It were unfeafbnable for us to reprelent to Your MajelHes view,
the Gloomy Cloud of our PrelTures and M'ants : No I need not do it;
The Mite we are to cad: into Your Majefties Irenf'ry w\\\ quickly
tell you them ; We cannot do it, for that Cloud is fuddeniy va-
nillied by the Radiant Beams of Your Sun-like Appearance. By
whole approach thefe Rufty Ordnances, thefe Solitarv Walls,
thefe Souldiers, this now defpicable T-.w//, have all inftantly re-
ceived their former Life, Lufler, and Vigour; and hence we are
induced to think, that this Year (being the Year of Your Maje-
fties moll: Royal Progrefs ) is likewife the Year dreamed on by
PLttfl^ wherein all things were to return to their former Life,
Splendor and Excellency.
' You have in Your Majefties Eye the Reprefentative Body of the
poor Town of Bcvrkk , yet a Town ( for fuimtis Troes ) that
hath been the Delight, nay the Ranlbme of Kings, a true Helena^
for which many Bloody Battels have been fought, loft, and re-
gained feveral times, v/ithin the compaft of one Century of
Years. A Town the ftrongeft Fortrefs of both Your Majefties
moft f ourifliing Kingdoms, yet upon each difcord and dilTention,
banded as a Ball between them ; if held in the Hands of one,
then tolfed by the other Kingdom, a Ball that never found reft
until the happy Union.
* A Town at this day as ufelefs, as Armes in time of Peace, yet
may lerve for Your Majefty to caft your Eye upon, as a little Map
of both Your great Kingdoms, as a participating of the nature of
both, yet doubtful whether moft beyond the ordinary Limits of
the one, and without the JurifdifEtion of the other Kingdom, but
conf})icuous in the Eye of both.
* A Town neither wholly regulated by Englifh or Scott i(J} Laws,
but by Cuftoms and Llfages in fbme things different from both ;
yet rather inclined to Englifh Laws, and more afFefting Scottrfj
Fafhions and Language, as being oftner faluted by the Reicripts of
the one, and feeing and hearing:; oftner the other.
' Although now itV/?////^, and fb hath continued fince the time of
King Edii'. 4., yet fuch is our diftance from the Center of the
Kingdom, that the Lines of thofe Felicities now enjoyed by that
Kingdom, by Your Majefties happy Government and Refidence
there, do not fb happily Concenter in us.
9 tcrol/
Mr. tilfirlri'ig-
tw.i Speech
ro the King ar
liitnil^, in
His I'ro'^refs
CO Sect! lid.
I)cing Recxir-
di r of tli.ic
Tuvvn.
'We
i8
o
H/fiorical ColleBiom.
An. 16^5.
' We will know (as indeed who knoweth not) that Royal
' Blood running in Your Majefties Veins, to be Extracted from the
' molir Renowned Kings of both thefe Kingdoms , and by thofe
'Kings, ( Moft Dread Sovereign ) efpeciaily bv Your Royal Father
' of ever BlefTed and Happy Memory, hath this Town, though in
' the Skirts of either Kingdom, been richly Imbroidered, with ma-
' ny Priviledges, Franchjfes, and Immunities : And therefore w^
' doubt not but Your Majefty, in whom each Man may behold the
' Worth of all Your Anceflors, You being no lefs Rigbtflil Inheri-
' tor of their Vertues, than of their Crov. ns, will gratioufly main-
' tain what they have moft benignly granted.
'But few words are beft to be uled to Kings, efpeciaily when
' they are fpoken by an unskilful Orator. We dare boldly fay,
' (Moft Gracious and Mighty King") •;hat our Hearts are better than
' our Tongues, being moft of all unhappy in this, that they are
' linked with fo bad Exprefftons.
' Yet we hope that Your Majefty may lee in our Countenances, !
' what you hear not fo fully expreffed by our Tongues ; We humbly
' crave Your free Pardon of the one, and Your Gracious Interpreta-
' tion of the otlier.
' Your Maiefty is now going to place a Diadem upon Your moft
' Sacred Head, which God and Your own Right have long fince
' given into Your Hands.
' Our humble Prayers are. That not only that, but all Your other
' Crowns, may be unto Your Majefty Crowns of Rofes, without
' the mixture of any Thorns.
' And we moft affedionately wifli, That the Throne of King
^Charles the Great, and wife Son of our Brittifh Sdo?non, maybe
' like that of King David, the Father of Solomon, eftabliflied before
' the Lord for ever.
The King took his Journey from Banvid', upon the 1 2 day of
Jum: m the faid Year, attended with his Retinue the Englifh No-
bility and others, and was met at the bound Road, near Bar.vickj
by the moft part of the NobiUty of Scotland, and by the Gentry of
the Sheriffdomes of Barwick , "Tiveodak , and the ^ Lothians, and
many more of the Gentry of Scotland in very Noble Equipage,
and well Mounted, amongft \\'hom were a Troop of 600 of tlic
Mers or Bar^vick-fhire Gentlemen relating to, or dependants upon,
the Earls of Homes in Green Satten Dublets, and White Tafity
Scarves. That night he lay at Dimglts (an Houfe- belonging to
the Earls of Home') lerved by his own Furniture and Provifions,
in refjxft there was none at that time to reprelent the Earl of
Home, there being pretentions for the faid Eftate depending be-
twixt the Heir-male of the fiid Family, and the Heirs of the Line.
W^wThurfday the n. of June after Breakfaft, he came from
DunoU-s to Seaton, an Houfe of the Earl of IVintons, where.he was
nobly entertained by the Earl, and ftay'd there till Frid.^y the 14.
of 'y--'?e after Dinner.
From thence he went to Dalkeith., a Houfe then belonging to the
Eirl of Morton^ Lord High Treafurerof Scotland, where he was
alfo f imptuoufly entertained by his Lordfliip that night, and the
next day at Dinner.
"^nne
Hijiorical Colletfiohs.
i8i
June the 1 5. on Saturday in tlie afternoon His/Majefty came from
Dalhnh^ towards Edef-hur^h, ( five Miles diftant ) and entred at
the W-jl Port, where he was Honourably received, the Keys de-
livered, and HisMajefty attended by the Lord Pro'vofl, Bail-ffs and
Al:ir..-'n in their Scarlet Robes, others of the Council and Grave
Men of the City in Black Gbwiis lined with Velvet, and Young
Men (aid to be the number of 1 3 Score, cloathed in White Satten
Dublets, Black Velvet Ikeeches, and White Silk Stockins, bearing
rich Partizans and other Arms, the Train-bands of the City being
ranged on each (ide the Streets through which His Majefly paffetT.
There M'ere great Acclamations of the People, being entertained
with elegant Speeches at 5 feveral Pageants, viz. ifl: At the laid
IVefi Port, 2 at the ]Ve(l-bo'', J at the Old Tolbooth, the 4 at the
TroKc,^ and. the 5 at the nether Boiv. The Ceremony of that Pa-
geant *at the Tolboothy there was reprefented in Effigie the whole
Kings in order that had Reigned in ScotLmd fince the Monarchy of
that Kingdom, even from Fergus the firft, who himfelf was re-
preiented therein, niaking a Prophetical Oration of all his Suc-
celTors till Qhrrles the firft the 108 King, and added, That as Hea-
ven had propitioufly maintained the Succeflive Sovereignty from
him to Charles, lb he predifted. That as many fliould liicceed his
Succeffors, as he had preceding Monarchs of this Kingdom ; be-
fides, there were feveral witty Speeches in Verfe. i/?. Called the
Speech of Caledonia, reprelenting the Kingdom, id. The Song of
the Mnfis at Par naff lis. ^d. The Speeches at the Horofcopal Pageant,
by the Planets, where firft Endymion fpeaks, then Saturn, "jove.
Mars, S:in, Venm, Mercury, Moon, and lait again Endymion clofes
the Ceremony, all printed amongft the Poems of Mr. William Dm-
ffiond of Haythcrnden.
It's here obferved, That the whole Scotch Nobility did ride down
tlie Streets according to their Degrees in Order of Parliament, next
to them the Houds, the Sword, Scepter, and Crown ; and imme-
diately after the Kings Perlbn ; And the Englifl) Nobility according
totl:eir feveral Ranks and Degrees, and His Majefty lighting at the
Abbey Church-door, \\i\\txty\x. Andrew Ramfy, a Minifter of the
City, made a very learned Oration to him in Latin. And from
thence he went to his Pallace of Halivrood-houfe,
J.'ine 16 being Sunday j he heard a Sermon at the Chappel
Royal.
June 17 it being Monday, after Dinner His Majefty publickly cre-
ated the Earl oi Angm Marquels of Dw!^/,r:f,and Chancellor Hay EarJ
of Kinnod, and prefently after went in his Coach to the Caftle of
Edenb'froh, and there was worthily entertained that night by the
Earl o^ Marr Governour of the Caftle,
The 18 of Jiive, being 'Tuffday, was the Yimgs, Coronation day,
where all his Noble Officers of State attended the Kings Majefty in
their Robes from the Cafile to the Abbey Church, according to their
Degrees, and the Honours Veit, Sword, Scepter, and Crown car-
ried after the accuftonied manner, lighLing at the Church-door,
and alTuming their reljtieftive Places, a Sermon was Preached by
David Lindf-y then Bifliop of Brech^nn^ow thefe words, i Isjngs
I. 39. And all the People [aid, God fave JQng Solomon.
After
9 Carol'.
l82
Hifiorkal ColleUion^.
Vidi a Lift of
Printed Afts.
After Sermon they proceeded to the Coronation, attended with
all the ufual Ceremonies thereof. It was obferved, that Dr. Lawd,
then Bifhop oU^ondon, who attended the King, ( being a ftranger)
was high in his carriage,taking upon him the order and managing of
the Ceremonies and Coronation, and for an Inftance , Spotjwood
Archbifhop of St. Andrews being placed at the Kings Ri^ht Hand,
and Lindfey then Archbifhop ot GUfcotv at his Left, Bifhop Lawd
took Glajmvy andthruft him from the King with thefe words; Are
roil a. Church-mm <tnd rvcints the Coat of your Order, ( which was
an Imbroidered Coat, and that he icrupled to wear being a moderate
Church-man ) and in place of him put in the Bifhop of Roffe at the
Kings Left Hand.
At this time the Lords and Nobles of ScotUnd, feemed to ftand
well and equally in the Kings Favour, till after the Parliament
( efpecially the Duke of Lenox, and the Marquefs of Hamilton. )
June the 19 Wednefday was a day of Reft, the Bands of the City
difciplined in the Palace-yard before the Kin^ and His Nobles.
Junexhz 20 Thiirfday the Parliament rode in order from the Kings
PalUce to the Parltament-houfe, the Honours carried, and all Cere-
monies obferved , as was accuftomed. Spotfwood Archbifliop of
St. Andrews Preached ; the King made his Speech, and the Parlia- ^
ment proceeded to choofe the Lords and Members of the Articles,
according to their ufual manner ; the Bifliops being to Nominate
the Temporal Lords, there were ele<i?bed ^ Lords fufpefted to be
Popifh. Thefe Lords and Members of the Articles confifting of 8 of
the Clergy , 8 of the Nobility , and 8 Barons, and 8 BurgefTes.
The manner of Eleftion was thus :
1 . The Noblemen ele£l: the Clergy.
2. The Clergy ele6l and chofe the Noblemen.
5. The EleQ: Clergy and Noblemen chofe the Barons.
4. The Eleft Clergy, Nobility and Barons, chofe the Bnrgejfes.
Befides the Officers of State make up that Body which devife, con-
trive, and form all A8:s that are to pafs in Parliament ; and being
fb prefented, are pafTed without difficulty. Thefe Members of the
Articles convened daily, till the 28 day of J/mey and in the general,
what the King propofed was granted : And on Friday the 28 of
June the whole Parliament met, and palfed the feveral Afts, which
the ^mf/ej had fb prepared, being 51 publick printed Afls, befides
176 private Acts not printed, fiich as refpeft particular Perfbns and
Things are promifcuoufly titled A^s , Protejtations, Ratijicationsy
CommiffionSy &c.
The I and 21 Afts gave the King very great Sums of Money,
The one a Subfidy or Taxation of Thirty Shillings of every
'VI
Pound Land of old Extent for 6 years to be paid at every Term of
Martinmas y and alfb the 16 Penny of all Annual Rents, or Intereft
of Money, ( the fame being then at 10 /. fer Cent. ) and that for
the like fpace of 6 years to be paid Termly at Whitfontide and
Martinmas equally during that time.
The other ^c? reduced the Intereft of 10 /. fer Cent, to 8 /. to be
obferved as a Law amongft the Lieges, but in confideration thereof
the King was to have 2 /. out of the 10 /. formerly paid, and that
for the ipace of three years ; all thefe made a very great Taxa-
tion.
In
Hijlorical Colleciions.
183
In this V.viiamvnt there was little or no difference, except in
what relatecho two Afls, viz. 5^ and ^th^ the one entituled an Act
ay/ent His A'laje/f/es Royal Prerogative, a fid Jp parrel of Kjrkemen.
The other an Aciof Rntification of the Acts touching Religion.
As to the former of thefe Acis, feveral Noblemen and others
were not pleafed to have the Apparel of ]\irke?nen joyned with the
Prerogative, fufpefting the Surplice to be intended; and the King
being asked that QueiHon, tnade no anfwer. But this Circuni-
ftance was obferved of him, that he took a Lift of the whole Mem-
bers out of his Pocket, and fiiid, Gentlemen, I have all your Na?n:s
here^ and. tie know ivho will do me fervice, and n-ho Kill not, this day.
However about 1 5 Noblemen, and as many Barom and Enrgeffes
declared, That they agreed to the Aft for His Majefties Preroga-
tive, but dilfented from that part of it , as to the Apparel of
Kjrkemen,
The King laid he would have no diftinftion, but commanded
them to fay /, or no. Upon which thole Lords and others before
mentioned declared themlelves particularly, that they did diffent
from that Act as it was conceived ; as to the other Act annent Re-
ligion, the lame diflenting Lords and Gentlemen declared, That
they agreed to the Ratification of the Laws annent the true Prote-
flant Religion, as it was eftabhflied in Doftrine, and an Aft of
this nature paffed in King 'James the 6th of his Reign, His Majelhes
Royal Father, when Arc'hbifJjops, Bifjops, 8rc. were oppofed, but
now they were governing and included,therefore they dilfented from
that part ; and being again commanded to fiiy /, or no, the faid No-
bles and others di0ented as formerly.
Amongfl: the Peers that dilfented were John Earl of Rothes, John
Earl of Cavils, William Earl kA Lothian, and the Lords Lindfvy Por-
plichin, Sinclar, Balmerino, Cooper, Tefter^ and 4 more. The Pafling
ofthe Aft concerning Ecclefiaftical Habits, did much perplex the
Diflenting Lords and others, which occafioned fbme of them to
Devulge in Writing a Paper refiefting upon His Majefty, ( adjudg-
ed afterwards to be a Libel ) wherein was contained this Reneftion,
how grievous a thing it was for a King in that place, by making of
the Subjefts Votes, to Over-awe his Parliament : And that the
fame was a breach of Priviledge, d'c. This Writing, as after-
wards appeared, was Drawn by one William Hagg, who hed for it,
but being found in the Cuftody ofthe Lord Ealmrino, that Lord,
by the inftigation of Archbifliop Spot/irood, and others of the Privy
Council, was in a Court of his Peers found guilty of concealing
Treafon, and therefore condemned to lofe his Head, but afterwards
pardoned by His Majefty.
The Parliament being Diflblved upon Friday the laid 28. day of
June, the King ftayed Saturday and Sunday, and obferved the Dil-
fenters with an unfavourable Afpeft.
Upon Monday the i. of July, the King takes his Progrefs to his
Pallace at Linlithgowe. Tuefday the 2. to StrtvUng, being preferitcd
with Plate by each Provofi, one of whom being a Diltenter, was
not admitted to Kifs his Hand.
B b Upon;
9 C.trcli.
ride the A&i.
184
Hiflorical Collections.
Af,\i6]7,.
II.
12.
13
15-
16.
Upon JVtdfr fdar the 7,d \\c\vtnttoDf(mfermlin,2LndThf!rfday tht A,^h
to talUdfiJ. Note, tliat the Nobility and Gentry of hiff't had prepa-
red to give a Noble Reception to His Majefty, but many of them
being DiiTcntcrs, His Majefty was pleafed to take another way, and
avoided them.
FyuLiydind Saturday the 6. and 7. of "July, the King hunted in his
Park of Falkland^ and there every Sunday, Maxivt/l Bifliop of lipjjh
Preached before His Majefty.
Miwd.'.y the 8. the King went to St. Jofjfifion, and was nobly en-
tertained by the Earl of A./«<w/(then Lord High-Chance!lor)t\\dii night
at Supper, and the next day at Dinner, and returned from Scoon to
FdlkLtnd.
IVi'dmfday the 10, the King with his Nobles and Retinue, took
Boat at Enmt-lflafid to come to Leith (being 7 Miles over ) in a
calm Seafon about the mid day. But prefently after the Boats put
to Sea, arofe a violent Storm and Tempeft, ( though none at Land )
to the great hazard of His Majefty, and many others ; the King
paffing to a Ship, a Man of War of his in the Road, with much
difficulty, weathered it, quit his former Boat, and took the Ship and
Boat to Le/t/j, and there Landed after great danger ; one of the
Boats in tlie Kings Prefence being over-let, or turned over, perifh-
ed with the Kings Plate, and near 20 Perfbns, of which number
were one Lcn-Zi- Somn-ve'l and Alexander Ndpfr , wJio had the
charge of the Silver Fhte and VelTels, and ^ Pcrlbns were (aved fit-
ting upon the Keile coming in to Shoar upmoft.
Thicrfday the 11 the King ftaid at his Pa.'Uce of Hallyrood-
honfe.
Upon Friday the 1 2 he went to Dalkeith, where he ftayed that
night.
Upon Saturday after Dinner, he went to Seaton-houfe, ftayed that
night and Sabbath-day.
Munday after Dinner he went from Svaton to I»nerwickeyan Houfe
of James Maxrve//, after Earl of Dirlington, and was richly enter-
tained.
T/iefday His Majefty and Train went from Inncrwicke to Bar-
ivick^ &C.
A Table of the f)rhitei{ A<Sts mJ Laws piijl in this fu-jl Tarlia'
}ne?ity of Our Soycni^n Lord IQfig Charles the Ftrft.
I. A Nent the Taxation granted to His Majefty of Thirty Shil-
±\ lings Termly upon the Pound-land , and the Sixteenth
Penny of all Annual Rents, the one for 6 Years, and the other for
the fame Term.
2. Anent the Collecting, and in-bringing of the Taxation, and
Relief to Prelates.
;;. Anent His Majefties Royal Prerogative, and Apparel of Kirk-
men, Ratification, or the Afts touching Religion.
5. Ratification of the Aft of Council, anent the Plantation of
Schools.
6. Anent the inverting of Pious Donations.
7. Anent invading of Minifters.
8. Rati-
Hifiorical Colle&wrif.
185
1 1.
12.
I?-
14.
15-
8. Ratification of the Aft of ComtBiflion, anent the Minifters
Provifions.
9. The Kings general Revocation.
10. Anent annexation of His Majefties Property.
AQ: of DilTolution.
Ratification of the A8:s of Interruption.
Anent Regalaties of Ereftions.
Anent Superiorities of furke-lands.
Anent His Majefties Annuity of Tythes.
16. Anent ValTals holding fVard.
1 7. Anent the Rate and Price of Tythes.
18. Anent the Excbeq'i.?r.
19. Commifli'.ni for Valuation of Tythes not valued, rectifying
the Valuation of the fame already made , and other Particulars
therein contained.
20. Anent rh.e King his Defignation of the Names to be inferted
in the Commidions anent the Tythes and Laws.
2 r . Anent the Annual of 8 . to be taken of every Hundred in time
to come, alennerly fufpending the lame for 5 years, and in the in-
terim, Two of Ten to be paid for the faid Ipace to His Ma-
jefty.
2 2 . Anent the Lords of the Sefflon^tht'ir Taxation of Ten Shillings
to be impofed upon every Pound-land of old Extent.
2 ;j. Ratification of the Liberties of the Colkdge of Juftice.
24. Ratification of the Priviledges of the free Royal Burroughs.
25. Ratification of the A£ts made in favour of the Juftices of
Peace, and their Conftables, and CommilTion to the Lords of ^e-
f/f/ C(?//;?c'7there-anent.
26. Explanation of the A6ls of Parliament made in favour of
the Lords of Seffton, anent Twelve Pennies of the Pound to be paid
in Decreets given by the Lords hereafter.
27. A£t of Pardon to Penal Statutes.
28. Ratification in favour of the Viicount o^Strivling of the In-
feftments and Signature granted to iiim of the Dominions of new
ScotUnd and Canda in Jmericay and Priviledges therein contained
and of the Dignity and Order of I'ypigk-BxromtSj and Afl: of Con-
vention of Eftates made there-anent.
29. A£t in favour of the Earl of Morton, and the Lord Dalkeith
his Son, and the Loch of Levm^ and prefervation of the Fifliino-
thereof
30. Aft anent the CLtn-Greioonrs.
5 1 . Aft in favour of His Majefty and Lieges , intitulate, jure
fxli'o cujufiibet.
^ Aft 5 anent His Majefties Royal Prerogative , and Apparel of
Kirk-men.
VUr Sovereign Lord, with advice, couient, and affent of the
^1 whole Eftates, acknowledging His Majefties Sovereio-n
^ Authority, Princely Power, Royal Prerogative and Priviledge of
' his Crown, over all Eftates, Perfbns and Caufe whatfbever
' within this Kingdom, ratifies and approves the Aft of Parliament
' made in the Tear 1606. anent the KJngs Royd Prerogative, and
Caroli.
Bb
per-
i86
An. i6j3.
Hjfiorical Collections.
Arricleso'" In-
quiry in the
Vifjtation of
the Bifhop of
Win^'hefier.
* Dr. Ned.
' perpetually confirms the ftme, for his Highnefs, his Heirs and
' Succeffors, as amply, ablblutely, and firmly in all refpefts as ever
* any of His Majefties Royal Progenitors, did poflefs and exercife
' the fame ; and withal remembering, that in the Aft of Parlia-
'ment made in the Year 1606. anent the Apparel of Judges, Ma-
' giftrates, and Kirk-men, it was agreed, That what Order foever
' His Maj'efties Father of BlelTed Memory, fliould prelcribe for
' the Apparel of Kirk-men, and fend in writ to his Cltd- of'Reo/Jler,
' fliould be a fufficient Warrant for inferting the fame, in the Books
' of Parliament, to have the ftrength of any AG thereof, have all
' confented that the fame Power fhall remain what the Perfbn of
' Our Sovereign Lord and his Succeffors that now is, and what
* the fame Claufe for execution thereof, as in the faid Aft con-
' tained.
A£b 4. Ratification of the A6ts touching Religion,
* /^~^Ur Sovereign Lord, with advice and confent of the Efi^ates,
\^ / ratifies and approves all and whatfbever Afts and Statutes
' made before anent the Liberty and Freedom of the true Kirk of
^ God, and Religion prefently profeffed within this Realm, and or-
* dains the fame to ftand in their full Force and Eifeft, as if they
* were fpecially mentioned and fet down herein.
N the Month of Jiwe came forth in Print, Articles to be inqui-
red of, by the Church-wardens and Sworn Men within the Dio-
cefs of Wi;itrh''fler, in the Primary Vifitation of the Right Reverend
Father in God * Walter Lord Bifhop of Wmchefier, holden in the
Year of Our Lord God 163^.
The Oath to he Jdminijired to the Church-ivArdms and Sworn
Men.
YOti fljall Swear, That you and everj of you., without all Afffclionj
Favo//ry Hatred, hope of Reward and Gain, or fear of Dif
pie afire or Malice of any Perfon, [hall Prefent all and every fuch Per-
fon and Perfom of or within your Parifhy ivho hath committed any
Offence, Fault or Crime, or omitted any part of Duty ^ which Ue enjoyn-
ed to perform : IVhtrtin you [hall deal uprightly^ and according to Truth;
neither of Malice Prefent ing any contrary to Truth^ nor of Corrupt Af-
fection f paring to Prefent any, and to Conceal the Truth ; having in this
Aflion God before your Eyes., with an earneft Zjal to maintain Truth.
and fipprefs Vice. So Help you God, and the Contents cf this Book.
Firft, As to the Articles concerning the Church, they are to en-
quire. Whether they have the Book of Conf]:itutions or Canons
Ecclefiaflical, and a Parchment Regifter-Book, Book of Common-
Prayer, and Book of Homihes, &c. And whether the Commu-
nion-Table be placed in fuch convenient fort within the faid Chan-
cel or Church, as that the Minifter may be befl heard in his Prayer
and Adminiftration,
As ,
H I ft one a I Collecliom.
,87
As to the Articles concerning the Clergy, Whether doth the Mi
nifter read th'e Conftitutions let forth by His Majefty, once every
Year?
Whether the xMinifter or Preacher ufe to pray for the Kings Ma-
icfty v>'iih his whole Title, as Iving of Creat Britpa'n} ? And doth
he in like manner pray for the Arch-Biiliops and Bifliops ? And
doth he obferve all the Orders, Rites, and Ceremonies prcicribcd in
the Common-Prayer, and Adminiftring tlie Sacrament ? And whe-
ther doth the Minifter receive the Sacrament, kneeling at the fame,
and Adminiilreth to none but fuch as do kneel ? as by the 12th Ca-
non is direfted.
s Whether hath the Mini/Ier admitted to the Communion any
notorious OlTenders or Schifinaticks ? contrary to the 26 th and 2'jth
Conftitution. A.nd whether Strangers of any other Parifli do
come often and commonly to your Cliurch, from tljeir own Parifli
Church ? contrary to the 28^,6 Canon. And whether doth the Mi-
nifler ufe to Sign the Children with the Sign of the Crois when
they are Baptized ? And v^^hether is your Minifter a Licenced Mi-
nifter ? if yea, then by whom. And whether doth the Minifter
v.'ear the Surplus w^hilft he is laying the Publick Prayers, and Ad-
miniftring the Sacraments ? Whether doth the Minifter Catechize
and Inftrucl the Youth of Ignorant Perfbns of your Parifli in the Ten
Commandments, drc And whether he doth Solemnize Marriage,
the Banes not being ^ feveral Sundays and Holidays firft Publifhed
in time of Divine Service ? And whether doth your Minifter in the
Rogation days ule the Perambulation of the Circuit of the Parifli ?
Whether doth the Minifter every 6 Months Denounce in the Parifh
all fuch as Ao perlevere in the Sentence of Excommunication, not
feeking to be ablblved ? or hath he admitted any Excommunicated
Perfbn into the Church without Certificate of Abfblution ? Whe-
ther is your Minifter a favourer of Recufants, whereby he maybe
fufpefted not to be fincere in Religion ? Whether is your Minifter
noted to be an incontinent Perfbn, a Frequenter of Taverns, Ale-
houfes, a Common Gamefter, or a player of Dice, c!rc. With di-
vers other Articles of Enquiry.
The reft of the Articles are concerning School-mafters, Ecclefia-
ftical Officers , Parilhioners , and others of the Laity. But fee
them more at large in the Appendix ; as alio thofe other Articles
which other Bilhops in their feveral DiocefTes did put forth after
the firft Metropolitical Vifitation in the Year 1634. and 16^5. which
were obferved to be of a far higher Strain and Enquiry, than thefe
of Wmchefier.
9 i^.irolf.
Th<
-88
Htflorical Collect ions.
J;?. 1633.
hUcl^i-'' ver:
Oppref; ons
by Suits.
Ti'll^'d down
Hji'f in re-
venge.
100 1. Dam'.
P^jjck 9 Car.
THe Defendant, Sir Edward Bollock, having a covetous defire to
enclofe a certain Common or Waft-ground in Wtflbilne
Corn' Norfolke^ containing about 1000 Acres, wherein the Plaintiff
had Common of Pafture , gave out Speeches, That he would
make the Plaintiff run the Country, if he would not fell his Lands
to the faid Defendant, for that then he could inclofe the faid Com-
mon, and would make him weary of his Leafes if he would not
yield them up, and would make him weary of Suits : And in pur-
iuance thereof, one of the Defendants, who is fled, did let open
a Gate of the Plaintiff, which before was ftaked up, and broke
divers Coppies in the Plaintiffs Hedges, lb that his Cattle went
into the f lil Common, and then Sir Edvard Sued the Plaintiff for
that Trefpals, and forced him to ^ Tryals at Law for 3 Roods of
Land before he would hiffer him to enjoy them. And the Plaintiff'
having brought an A£lion to Tryal againft Sir Ed^'vard^ w herein
he uied the Teftimony of 4 Witneffes, the Defendant being dif^
contented that the Verdift paffed againft him ; fwore he w^ould
be revenged on all the Rogues, the Plaintiffs Witneffes, who te-
ftifled againft him. And in purfliance thereof, he afterwards lent
for one of them to his Houfe, and kept him in talk, and in the
mean time caufed the Defendant Boydon, and two other of his
Servants, to hew and pull down his Houfe, there being no body
left therein but a Child, who ran out naked, and the Plaintiff his
Wi^'e great with Child, and their Children were forced to lye in
the Streets a night or two, none daring to take them into their hou-
fes for fear of Sir Edvard. And they being after received into a
Houfe bv the direction of a Juftice, the faid Sir Edward did fb
threaten them in whofe Houfe they were, that they for fear turn-
ed them out of doors, and all the Winter after they lay in an Out-
ho:'fe, where no fire could be kept, infbmuch that he, his Wife,
and one Child perifhed and dyed. And the Defendant meeting
anorher of the faid Witneffes, beat her with a ftick until fhe w^as
black and blew from the Waft upwards, and not able to put on
her Cloaths a month after : And threatned another of the Wit-
neffes to tire his Houfe over his head, or pull it down if he would
not leave it. And the Defendant T'^Z/e/, by colour of a fuppofed
Warrant to Arreft one Wales the Plaintiff, being accompanied
with two others, did break open his doors, and pull him out of
his Houfe, and kept him Prilbner 3 hours ; and for thefe Offences
they were all committed to the Fkety Sir FJward Bullock fined
1000 /. Boydon 50 /. and Tajfel 50 /. Bullock to pay the I^laintiff 100 /.
Damage, and out of that he to make fome reparation to his Chil-
dren whofe Houfe was pulled down.
The
Hifiorical CoUeBions,
1S9
The DECREE.
In Camera Stellata coram Concilio ibi-
dem vicefimo tertio die Augufti An-
no Nono Car' Reg' <src.
WHereas Hii Mdjejties J t tor Hey General hath informed this
Court, That the KJngs mofl Excellent M/ijefiy^ l?y his High-
Hefs's Letters Patents tinder the Great Seal of England, bearing Date
at Weftminfter the 17 day 0/ December in the 7 Tear of His Ma-
jefiies Reign for the Reafons^ Caitfesy and Coi^fiderations in the [aid
Letters Patents exprejfed, did give and grant to Roger Jones ftnce
deceafed^ and to Andrew Palmer Efq; and alfo to Sir William
Ruflel Baronet, J/rBafile Brooke, Sir Richard Wefton, Sir Edward
Stradling, Sir Richard Bettifon J(jtight^ George Gage, Thomas
Jones, Beverly Bretton, Thomas Ruffel, Thomas Jennings, Tho-
mas Hicks, and Albertus Belton Efq; and to- Robert Carver Gent,
a Patent of Priviledge for the terme cf 1^ Tears y for thefolc making of
hard Sope and foft Sope, rvith fuch Materials ^s by them have been new-
ly Invented, and in juch manner as in the faid Letters Patents, ando-
ther Letters Patents, therein recited appedreth, and for the buying and
repairing of Pot-Afljes, and other Jjhcs of Bean-firan\ Peafe-Jlraiv,
Feme, Kjlpe, and other Vegitables to be found in Hii Maf flies other
Dominions for the making of Soap, not formerly or ordinarily nfed or
praBifed by others within the faid Realm, Dominions, and 1 own of
Barwick, but by them mrvly invented and devifed ; and alfo of the u-
ftng of the Jffay-Glafs for trying of their Lee : In and by which Let-
ters Patents there was careful Provifwn made for the true making of
the (aid Soaps for tht itfe of the KJngs People, and for the fearching
and making thereof to difiinguijh the fame from other Soaps, and for
the felling of the fame at and for reafonable Prizes, as by the fxid
Letters Patents do at large appear. And His Maje flies faid Attorneys
further informed this Court, That becaufe His Maje fly in his great Wif-
dom forefaw that without Government of that Trade it would foon fall
to diforder ; therefore for the better regulating and ordering df the
faid Works, His Majejly did by other Letters Patents under the Great
Seal of England, bearing Date at Weftminfter the 20 day c/" Ja-
nuary, in the 17 Tear of His Majejlies Reign, incorporate divets
Perfons of Principal Worth and Quality, who had been Adventurers in
the faid Work by the Name of the Governours Affiflants, and Fellows
of the Society of Soap-makers within the City of Weftminfter, in the
County of Middlefex, to have perpetual Succeffton, and to them had
given and granted divers Pmpers and Authorities, for the prevent ing
of Frauds and Deceits and other Abufes in that Trade and Manafa-
foBures ; and afterwards by His Majejlies fpecial Commandment figfti-
fied by his Writ in that behalf, the faid Grant of Priviledge for ma-
king of Soap and Pot-Afhes, with the Powers and Authorities of the
faid Patentees named in the fame Patent of the 17 of December,
granted as aforefaid, were by them afjigned unto the faid Governours-
AJfiflants, and Fellows, and their Sucseff or s ; and in refpect thereof the
faid Governours-Ajfijlants, and Fellows of the faid Society, by In-
denture
9 Caroli.
25 Aiigufl. 9
Ciir. 163 J.
ASenrence in
Stur-ch^mbir,
concerning
tlic Soap- ra-
te nt.
190
H/ftorical Colle&ions.
Jn.\6-^1.
* dtnture bearing Date the ^d day of May /» the eighth Tear of His
' Majc/lics R.eigf7y did covenant y p/omije and agree to and with Our [aid
* Sovereiz^n Lord the KJngj his Heirs and Succejfors, to do and perform
' divers things in that Indenture particularly mentioned^ for and comer-
' ning the perfecting of the faid Work^ and the furnishing of the faid
' Kf'^^^^ "'^^^ fiffi<:icni Qjiantities of fvset and good Soapy and to
''fell the fame at and for reafonabk Prices y not exceeding the Price of
' three fence the Potrndy which Wiis a cheaper Rate than other f>eet and
' Merchantable Soap wtts ufually fold for. And His Maf flits faid At-
' torney General further informed this Court y That when His Majefiy
' had provided for the fufficient (Quantity and reafonabk Prices of the
'■faid Soaps y out of his Princely care for the good of his People^ fore-
*" feeing that the goodnefs of the faid Soaps may foon decline and dec ay y
' unlejs by the continual care and pains of f owe 'trufiy and Diligent OJfi-
' ce-y a watchful Eye were had to fearch and try all the Soaps that fljould
^ be made and utteredy to fee that the fame were anjwerable in goodnejs
' to the frfl Pattern or Standard ; His Majefljy by other Letters Pa-
' tents bearing Date the 8th day of June in the Eighth Year of His
' Majefties Reign, did ordain, conflttute and appoint. That for ever
' then after there foould be an Office. And did therehy for him, his
' Heirs and Siiccejjors, ered, create, and make an Office to be and
' to be called the Office for keeping the Patterns, and making of the
' Affay of Soaps to be made by the faid Governour, Afjiflants, and Fel-
' lows, who jhall be called the Ajfay-M.t(ler for Soaps to be made by the
'faid Cover nour, Affiflants, and Fellows , and thereby did appoint in
' what manner the faid Officer having firfl taken a Corporal Oath to that
' purpofe,fuonld execute the faid Office without any trouble or charge to His
' Majefties Sub]eBs which (Jjould buy the faid Soaps. And His Maje-
' fties faid Attorney further informed this Court, That His Majefty in
' his Royal Care for the Wealth and Profperity of his loving Siib']eth,in-
* tending to advance the Native Commodities of this Reahn, the fetting
* of his own People on worky and the faving of the Expefice of the
' 'Ireafure of this fQingdom , which unthriftily and unnecejfarily w,is
' fpent in buying and importing of forrein Materials y for the making of
* Soap from other Kjngdoms, to the inriching of thrmy and the impo-
' verijhing oj His Majeflies own Kjngdorn, to a great yearly Sam, and
' purpofing to prevent, or feverely to punijh all Frauds or Deceits in the
' making of Soap with Forreign or Vnfweet Materials y and the F.xceffive
' Rates in the fale of Soaps, as formerly it was praHifed by the Sopc-
' boilers, being no Body-Politiquty nor Governed by any good Orders or
' Conftitutions regulating their Trade, but being a few fi-iguLtr Perfons,
' IV ho took the advantage to inrich t hem fe Ives to the wrong md prejudice
' of His Majefty, and his Loving SubjeBs in general, who had no ordi-
' nary means to right themfelves therein, to the end that all his Loving
' Sub]tBs might take notice of this his Princely Care and Pro^i/idence for
' them herein by his Highnefs Proclamation, given at the Court at
' Greenwich, the 28th day of June in the faid Eighth Tear of His
' Majefties Reign, didftr ait ly charge and command af well the faid Gover-
* vernoury AffifiantSy and Fellows of the faid Society y who had fortner-
' ly bound themjelves by Covenant with his Majefty to a ReguUrity in
^ that behalf, as all others not being of that Society which jhould then
. * after make any Soapes, that they jhould ufe no other Oyl in waking that
' Soap but Oyl-Olive and Rape-Oyl, as had been long jince decreed by the
* Maior
H/fi orical Collet ions.
19
' MfJor and Aldtr?fitn of London, th.it by that means the Soap ?mght bij^
* Gcoiy S.vetf and Serviceable Soap, according to the Patterns delivered.
After tlie Kings arrival at London from Scotland^ His Majefty on
the i?A7of A:i^jiii thoiiglit lit to prevent abufes growing by the
unordered Retailing of 7 ■VAi/JiTf-', taking notice to bis Subjefts, that
the Plant or Drugg called Tob.tcco^ fcarce known to this Nation in
fonncr times, was in this age ufiially brought into this Realm in
finall quantities as Medicine, and fb ufed, but in procefs of time to
fatisncthe inordinate Appetite of a great number of Men and Wo-
men, it hath been brought in great quantities, and taken for Wan-
tonnefs and Excefs, and therefore His Majefty thinks of fbme means
for the preventing of the evil confequence of this immoderate ufe
thereof; is therefore refblved to reduce the Vending, Selling and
Uttering of Toh.-icco by Retail into fbme good Order, and to that
purpoie gives feveral Rules and Directions in this Proclamation,
that none do fell the lame, but fiichas fhall receive Licence.
Alfb at the fame time His Majefty took care for the Ufe of the
Bow and the Pike together in Military Difcipline, giving notice
to the People, That in former times Bowes and Arrowes have been
found ferviceable Weapons for War, whereby great and viftorious
Conquefts have been gotten. By fundry Statutes, the ufe thereof
hath been enjoyned, which Statutes are ftill in Force ; the King ex-
pecting that his Subjefts conform themfelves thereunto, knowing
the excercife of fliooting to be a means to preferve Health, Strength,
and Agility of Body ; the King hath therefore under the Great Seal,
Authorized W/lliam Nead^ an antient Archer^ who hath prefented
to the King and Council a War-like Invention with the Ufe of the
Bow and Pike together, Requiring that the Trained Bands be Inftru-
fted by the faid A^f^^,
Li the beginning of October there were complaints made to the
Council concerning Ales and Revels upon the Lord's Day in Somer-
fetfhire, which gave occafion to arraign an Order made by the Lord
Chief Juflice Kichardfon and Baron Denham in their Circuits in that
County, which Order was to this purpofe,
\'\1 Hereas divers Orders have been made heretofore by the
V V Judges of Adiz-e^ for the Ripprefling of all Ales and Re-
'velsj the ilime Order is now confirmed at the Afjizes^ and again or-
dered by the Court in regard of the hifinite Number of Inconveni-
ences, daily arifing by means of Revels, that fuch Revels^ Church-
Ales^ Clerk- Ales, and all other Publick ^/m be henceforth utterly
fuppreffed, and to the end this may be obferved, it is further Or-
dered that the Clerk of the AJJizes fliall leave Copies hereof, with
the Minifter of every Parifli, within his feveral Hundred, and fliall
give a Note under his Hand, that he fliall Pubhfh it yearly within
the Parifli the firft Sunday in February^ and likewife the two Sun-
days before Eafier yearly.
The Arch-Bilhop of Canterbury hearing of this Proceeding of the
fudges In Church Aifairs, and impofingupon the Minifters to Pub-
C c iifli
9 Caroit.
OatUnds
Aiiguli. 22.
An Order to
fupprefs Ales
and Revels in
Somsrfetjhin.
192
Hifiorical Colleci/onf.
An. 16^^.
A Letter from
the Bifliop of
Canterh'iry to
the Biftiop of
Bath and mils
about Wakes
and Revels.
The Lord
Chief Juflice
,Kicba>tlfon re-
yokes his Or-
ders about
Ales and Re-
vels.
lifli their Order in the Paiilh Church without the Conlent of the
Bifliop of that Diocels, complained thereof to the King, and the
Chief Juftice was Commanded to attend the Board, where after
the Arch-Bifliop had made his Complaint againft the Lord Chief
Juftice, he was Commanded to Revoke the former Order made at
the .'i^zesag,z'm[[ Rez\ls, Sec.
The Chief Juftice Replied, that the Order was made at theRe-
queft of the Jaftices of the Peace in the County, with the General
Confcntof the whole Bench, and upon view of divers antient Pre
fidents in that kind ; but neverthefs he was Commanded to Revoke
his Order.
Upon which Occafion the Arch-Bifhop of Canterbury^ on the
^thof 0[fobir writ a Letter to the Bifhop of Bathe and We!h con-
cerning the laid Revels^ to this Effe£l.
^~~W~^Hat there hath been of late Jome Noife in Somerletfllire about
\ the Feafls of the Dedications of Churches, commonly calkd thz
Wakes ; ayid it feems the Judges of Aflize formerly ?nade an Order to
\ prohibit them, and caufed it to be Publijhed in fame, or mojl of the
Churches; thereby the Mini fler, without my Lord the Bifliop's Con-
lent or Privity y the pretence of this hath been, that fome dijorders de-
rogatory jrom ijods Service, and the Government of the Cotmnonwealth
are committed at thofe times : by which Argument y any thing that is abu-
fed may quite be taken apjay. It feems there hath been fome heat Jlrack
in the Country about this, by the carriage of the Lord Chief 'Juflice
Richardlbn, at the two lafl Aflizes, ejpecially the laft, with which His
Majtfly is not well pleafed. And for the preventing of Outrages, cr
DiforderSf at thofe Feafls, no man can be more careful tljan his Majeflj ;
ba he conceives, and that very rightly, that all thefe may and ought to
be preventedby the Cart ofthejuflices of Peace, and leave the Feafls them-
felves to be kept, for the Neighbourly meeting,and Recreation of the People,
of which he would not- have the^n debarred under any frivolous preten-
ces. And further. His Majefly hath been lately informed by men of good
Place m that County, that the Humour ifls increafe much in thofe Parts,
and unites themfelves by banding againfi the Feafls ; which courfe, as
His Majejly no way likes, fo he hath been informed alfo for this lajl
Tear, fmce warning was given, there have not been any noted Diforders
at any of thofe Feafis kept in thofe Parts ; yet for His better faisfji-
£tion, He hath Commanded me to require you to inform your felf, and
give 4 fpe<idy account how thefe Feafis have been ordered, 8(0.
^"yHe Lord Chief Juftice Ruhardfon after his Reproof at the
% Council Table, did at the next Affi2jes inform the Juftices ,
Grand Jury, and Country, that thole Good Orders made by him
and his Brother Denham for fuppreffing unruly Wakes and Revels ,
wherein he thought he had done God, the King, and the Country
good Service, are to be revoked, and that Ibme ill-afFefted Perlbns
had mifintbrmed His Majefty concerning this Order, who had given
him exprels Command to reverie it, being not made by himlelf
alone, but with the joint conlent of the whole Bench ; lb he decla-
red to the Bench, that in purlLiance of Command he did as much
as in him lay revoke the laid Order, and caufed the Clerk of the
Affiz,ts to enter the Order verbatim, reciting former Orders made
upon
Hijioncal ColleHions.
}cp,
upon that occafion, and declared them to be void and null, ;nid
that all perfons may freely ule Recreations at fuch meetings.
The Jnftictsof Pe^ct' being troubled at the Revocation of thcfe
Orders, drew up a Petition to the King Ihewing the great Incon-
veniences that would befall the County if thefe Meetings and Af
lemblies of Church-Ales , Bid-Ales and Clerk-Ales, condemned
by the Laws fhould now be fet up again : which Petition was Sub-
fcribed by John Lord Paulet, Sir William Portman^ Sir ^john Sto-
well. Sir Ralph Hopton^ Sir Franck Pophum^ Sir Edrard P.odmy,
Sir Francis Doddington^ Sir. "Jo. Horner, Edward Paidetj William Baf
fet, Geors^e Spth, 'John Windham^ Thomas Lutterelly William Wal-
rone, and divers others, but before this Petition was delivered to
the King, it was prevented by the coming forth of the Kings De-
claration concerning Lawful Sports, His Majefty giving this enfuing
Warrant for the lame.
Charles Rex,
Canterbury, fee that our Declaration concerning Recreations on the
Lords Day after Evening Prayer, be Printed : And according-
ly on the I Sth oiO^ober this Year it came forth in Print, and
was to this Effeft.
ThatKmg James of Bleffed Memory, in his return from Scotland,
coming through Lane a^j ire, found that his Subjefts were debarred
from Lawful Recreations , upon Sundays after Evening Prayers
ended, and upon Holy days. And he prudently confidered, that
if thefe times were taken from them, the meaner Sort, who la-
bour hard all the Week, fliould have no Recreations at all, to re-
frefh their Spirits. And after His return. He further law, that His
Loyal Subjeors in all other parts of His Kingdom, did fuffer in the
lame kind, though perhaps not in the fame Degree : and did there-
fore in His Princely WiHom, publifli a Declaration to all his Lo-
ving Subjefts, concerning Lawful Sports to be Uledat fuch times,
which was Printed and Fubliflied by His Royal Commandment in
the Year 1618. in the Tenor which hereafter followeth.
Hereas, upon His Majefties return the lafl Year out of
Scotlmd, he did publifli his Pleafure, touching the Re-
' creations of His People in thofe Parts, under his Hand. For fbme
'■ Caufes Him thereunto moving, hath thought good to Command
' thefe His Dire6lions then given in Lancafhire, with a few words
* thereunto added, and moll: appliable to thefe parts of the Realmjs,
' to be pubUflied to all his Subjefts.
' Whereas he did juftly in his Progrefs through Lanch.7fbire,vehuke
^ fbme Puritans and Precife People, and took order that the like
' unlawful carriage, fliould not be uled by any of them hereafter,
'' in tlie prohibiting and unlawful puniihing of his good People for
' uilng their Lawful Recreations, and Honeft Exerciies upon Sun-
' days, and other Holy days, after the Afternoon Sermon or Service,
' His Majeflyhath now found that two forts of People wherewith
' that Country is much infefled, viz. Papifls and Puritans, hath ma-
' licioufly traduced and calumniated thofe his Jufl and Honourable
C c 2 i^roceedincrs :
— ^ ___^...__.>»»^ ^ _. ^ ..
9. i^aroli.
of Pcact croii-
blcd ut the
hcvocauon.
The Kings
Majeflies De-
clararion to
hisSubjefts
concerning
Lawful Sports
to be Ufed, if-
fued forth the
l8tl; of 0(7(1-
ber 1555.
94
Hiilorical Collect iou^.
Aff. 16^9. * Proceedings : And therefore left hisKeputarion might upon the
' ' one fide ( though innocently) have fbme Afpcrfion laid upon it,
■ and that upon the other Part, his good People in that Country
■ be milled by the miftaking and mifinterpretation of his meaning,
'HisMajefty hath therefore thought good hereby to clear and
' make his Pleafure to be manifefted to all his good People in thole
' Parts.
* It is true, that at hisfirft entry to this Crown, and Kingdom,
' he was informed, and that too truly, that his County of La?;-
' tap^ire abounded more in Popiih Recufants, than any Countie of
' ErioUncl, and thus hath ftill continued fince, to his great regret,
' with little amendment, lave that, now of late, in his lafl: riding
' through his faid Country, hath found both by the Report of the
'Judges, and of the Bilhop of that Dioceji, that there is Ibme
' amendment now daily beginning, which is no fiiiall contentment
' to His Majefly.
' The report of this growing amendment amongll: them, made
' His Majefly the more lorry, when with his own Ears he heard
'the general Complaint of his People ; that they w^ere bailed
' from all Lawful Recreations, and Exercife upon the Sundays af-
' terNoon, after the ending of all Divine Service, which cannot
' but produce two Evils : The one the hindring of the Converfi-
' on of many, whom their Priefts will take occafion hereby to
' vex, per(\\ading them that no lionell Mirth or Recreation is Law-
' ful or Tolerable in Religion , which the King profefleth , and
' which cannot but breccl a great difcontentment in iiis Peoples
' hearts, elpeciallyof fiich as are peradventure upon the point of
' turning : The other Inconvenience is, that this Prohibition bar-
' reth the Common and Meaner fort of People from Ufing fuch Ex-
' ercifes, as may make their Eodys more able for War, when His
' Majefty or his Succeffbrs, fliall have occafion to ule them. And in
' place thereof lets up Tiplingandhlthy Drunkennels, and breeds a
' xHumbcr of idle and difcontented Speeches in their Ale-houles.
' For when fliall the Common-people have leave to exercife, if
' not upon the Sundays and Holy-days, feeing they muft apply
' their labour, and win their Living in all Working-days ?
' The Kings exprefs pleafure therefore is, that the Laws of this
' Kingdom, and Comns of the Church be as >\'ell obferved in that
' County, as in all other places of this his Kinidofn. And on the
' other Part , that no Lawful Recreation fliall be barred to his
' Good People, which fliall not tend to the Breach of the aforefaid
' Laws, and Canons of his Church : which to exprefs more Par-
' ticularly, HisMajefties Pleafiire is. That the Billiops, and all other
' inferior Churchmen, and Church-wardens, fliall for their Parts
' be Careful and Diligent, both to infirrufl: the Ignorant, and con-
' vince and reform them that are midcd in Religion, prcfenrijig
' them that will not Conform themfelves, butobfllnately Ifandout
' to the Judges and Juflrices : whom he Ukewife commands to put
' the Laws in due Execution againft them.
* His Majeflies Pleafure likewife is, That theBifliopof tb.at D/>-
' ce(^^ take the like ftrift Order wirh all the Puritanes and Preciil-
' ans within the fame, either conflrain them to Conform thcm-
'■ fclves, or to leave the Country according to the Law s of this
' }\rti?^do>>.' ^
H/ftorical C oil ccf ions
195
' }\ino(iom^ and Canons of this Church, and fb to ftrikc ecjually on
'both hands, againll: the Contemners of his Authority, 'I'ld Ad-
■ verfarics of the Cliurch ; and as for his good Peoples lawful Re-
' creation, his Plealure likewife is, that after the end of Divine
' Service, his good People be not difturbed, letted or dilcouragcd
^ from any Lawful Recreation, fuch as Dauncing,eitherMen or Wo-
' men ; Archery for Men, Leaping, Vaulting, or any other fiich
' harmlels Recreation, nor from having of Mtr-G^wc/, Whitfon-Ak-s^
*■ and Morice-Ddfices , and the fetting up of Ahy-Poks, and other
' Sports therewith uied; fb as the fame be had in due and conve-
' nient time, without impediment or negleft of Divine Service.
' Arid that Women fliall have leave to carry Rufliesto the Church
' for the decoring of it, according to their old Cuffom ; but with-
' all HisMajeily doth here account ftill as Prohibited all unLvvf/d
* (jamcs to be Llfed upon Sundays only, as Bear and Bull-baitings ,
' Interludes and at all times in the meanner fort of People by Law
' prohibited, Bowlwg,
' And likewife barrs from this Benefit and Liberty , all fuch
' Iinown Recufimts, either men or women, as will abflain from
' coming to Church or Divine Service, being therefore Unworthy
' of any Lawful Recreation after the faid Service, that will notfirft
' come to the Church, and ferve God : Prohibiting in like fort the
' faid Recreations to any that, though Conform in Religion, are
' not prefent in the Church at the Service of God, before their
' going to the faid Recreations. His Pleafure likewife is, that they
' to V,' horn it belongeth in Office, fliall prefent and fliarply punifli
' all fuch, as in abufe of this his Liberty, will Ufe thefe Exercifes
' before the end of all Divine Services for that day. And he doth
' likewife firaightly Command, that every Perfon fliall refbrt to
' his ownParifli Church to hear Divine Service, and each Parifh
' by it felf to ufe the faid Recreation after Divine Service. Pro-
' hibiting likewife any offen'ive Weapons to be Carried, or Ufed
' in the laid times of Recreation : And his pleafiire is, that this his
'Declaration Ihallbe publifhed by order from the Bifhop of the
' Diocefs , through all the Parifh Churches, and that both the
' judges of the Circuits, and the Juftices of the Peace be inform-
'■ ed thereof.
Given at the Manner o^Greemvicb the 2t\th
day of May , in the fixteenth Tear of
His Majefties Reign, of EnoUnd, frame
and Ireland^ and of Scotland the one and
fiftieth.
Car oil.
"^"'Oi!' o-.'t nf a like Pious Care for the ftrvice of God ^ and for
' ^^ fippr^-fftno (if any Humours, that oppofe truth, and for the Eafcy
Comfort a»d iiecrcation of his VVtll-defri'ing People, His Ma)efly doth
Rxtific a/jd Piiblijh this ///> BA'/ffi Fathers Declaration : the rather,
bee 0.1'. f- of lite in fome Counties of this KJngdom^ His Majefly finds
that und^r pretence of taking aivay abufes, thire hath been a General
forbiid'ng^ not only of ordinary Meetings, but of the Feaffs of the
Dedication of the Churches^ commonly called W^akes. No)V His Majefies
exprefi
96
Hiflorical CoUecimts.
expreff Will a?? d Fleafure iSj That thcje Feafts, with others, (ball beob-
ftrvta, md that hii Jnflicts of the Peace, in their fever al Divifions,
fhall look to ft, both that all Diforders there, may be prevented or pn-
nijhed , and that all Neighbourhood and Freedom, rvith Manlike and
La'.vfiU Exerctfes be nfed. And His Majefly further Commands all Jn-
Jlices of Aflize in their fever al Circuits tofevy that no man do trouble
or molefl any of his Loyal and Diitifil People, in or for their Lavfnl Re-
creations, havinz^ firfi done their Dttty to God, and continuing in Obe-
dience to His Majejlies Lam. And for this His Maje(ly Commands
all his fudges, Jufices of Peace, as well within Liberties as without.
Majors, Bayliffs, Con [tables, and other Officers, to take notice of, and
to fee obferved, as they tender his Dijpleafure. And doth further Will,
that publication of this his Command be made by Order from the Bi/hops,
through all the Parifj Churches of their fever a I Diocejfes refpeSiively.
Given at the Palace of Weflminfler, the
\%th day of October, in the Ninth Year
of his Keign.
GOD fave tlie K I N G.
As concerning the EfFeQs of this Declaration^'^ Iliall have occafi-
on in its proper time and place,to make mention of many particulars
■wherein it proved a fnare to many Minifters very Conformable to
the Church of England, becaufe they refiifed to read the lame pub-
lickiy in the Church as was required, for upon this many were
Sufpended and others Silenced from Preaching.
Term. M I C H A E L I S.
Anno 165?.
About this time a Decree was made in the High Court of Star-
Chamber, in Michaelmas Term, after Confulcation had among
the Judges , and Certificate of their Opinions in divers
things, circ.
And alio a Confirmation of the Decree by His Sacred Maje-
fty, together with His Majefties Command, that the lame
fliould be Printed, Publifhedand put in due Execution.
The Contents of which are.
1. Againfi Ingr offing, and e (pec i ally of Grain by Chandlers. '
2. That T ILV erncrs fhould not fell Visuals within their Hoiifes ; for
that is againfi Law.
^. T/xt/ Bakers fell not at 14, i 5, or 16 to the Dozen, as hath been
ufed.
4. Agarnfl the Exceffive Rates of Ordinaries , that none exceed two
fljilUngs a Meal.
5. That Ordinary-Keepers, Taverners and Viftnallers kctp not Houfcs
of Czmmg.
6. For
Hiflorical Collcciions.
'91
6. For the prefefjt Rates of Horfe-meat, md for Regulating for the
Future.
7. For fuf^r effing inconvenient time of Pctty-Oftries in Corners , kept
by fuch as are neither Viftualers, nor Innkeepers, nor mfver able for
the Goods of their Guefts.
Here foUoweth the Decree and the Judges Opinions.
A Decree of Star-Chamber.
Charles, hy the Grace of God IQno^ of England, Scotland,
France and Ireland, Defender of the Faith y &cc. To all
and to li>hom thefe Our Letters Patents (hall come, Grect-
tnv.
CD
Now ye, that we have feen a certain Decree made by Our
Coimcil, in Our Court of Star-Chamber the I'^th day of No-
vember ^ in the 9 ^Z' Year of Our Reign, which remaineth of record
among the Records and Remembrances of that Court, contain-
ing divers Ordinances ; which Decree followeth in thefe Words.
In Camera Stellata coram Concilio ibidem 1 3 die NovembriSy Anno
nono Coroli Regis.
' His Majefties Attorny General did this day Inform this Honou-
rable Court, that it having been prefented to the Lords of His
Majefties moft Honourable Privy Council, that as well the Prizes
of all forts of Viftuals, as alfo of Horfe-meat, were grown to ex-
ceflive Rates ; and that Inftance thereof was given in particular
by his Majefties Officers of the Green-Gloathj in feveral provifions
made for His Majefties Houfe, whereby the Weekly Accounts of
the Houfliould were much increafed.
' It was thought fit and ordered, that His Majefties Jttorttey Ge-
neraly as well upon Conference with fuch of the Judges, and fuch
of His Majefties Learned Council as Ke fhould think fit ; as up-
on perufal of all fiich Laws and Statutes, as are in force concern-
ing the fettling of Prizes of ViSuals and Horfe-meat, fliouldmake
Report unto the Board of his Opinion concerning the fame, as by
their Lordfliips Order of the c)th of Oflober laft paft appeareth :
and declared that according to the faid Order, he had at feveral
days attended His Majefties Juftices of the Kings Bench and Com-
mon Pleasy and Barons of the Exchequer, who made Certificate of
their Opinion in Writing fubfcribed by them, which Certificate
the faid Attorney prefented unto this Court, and followeth in
thefe Words.
Mr. Attorney^
9 Caroli.
198
Hifiorical Colk^ions.
Af2.\6y-
Mr. Attorney We fend you here inclofed our Opinions of thefe
' things, which were propounded, and thought fit to be re-
' formed at our lall: General Meeting.
ThoTHAS Kichardfon.
Robert Heath.
Humfhry Davenport.
'John Denham.
Richard Hut ton.
William Jones.
George Crook.
'Thomas Trevors.
Georo;e Vernon.
o
Robert Ear ke ley.
Francis Crawky.
* Touching Victuals, we find Tngr offing to be a great occafion to
raife the Prizes thereof, an offence utterly againft the Common-
Law : and amongft Ingroffers we find the Chandlers to be great
Offenders in Buying great quantities of all forts of Grain brought
unto, or towards the Market.
*■ We alio find that Taverns are of late exceedingly increafed in
their number, in and about London ; and that they Drefs Flefh and
Fifli, and utter the lame at exceflive Prizes, to the increale of Ri-
ot and other Abufes ; whereas by the Law, .ts Tavermrs they are
to fell nothing but Wine, unlefs it be Bread to eat therewith.
' We find that Bakers do fell their Bread at 1 4, 1 5, and 16 to the
Dozen, where they fliould keep the Affize, and not fell above 12,
or 1 5 at the moft to the Dozen ; and this pincheth the Poor.
* We wifh that Ordinaries in and about London may be regulated
to a convenient fum, and not to exceed two fliillings for the Meal :
and \VQ wifli that both Taverners and Ordinary- /(fepers may be
wholly reftrained from fiiffering unlawful Games in their Houfes :
for we find that this draws unthrifty Guefts unto them, and is an
apparent means to overthrow the Fortunes of many Gentlemen
and Citizens.
' Touching Horfe-meat^ upon hearing of divers Juftices of Peace
of Middle/ex znd Surrey y and of divers Inn-keepers of London, Wefi-
rninfier^ Middle fex and Surrey ; We are of Opinion that the pre-
fent Prizes of Hay and Oats confidered, fix Pence day and Night
for Hay for a Horfe, and for Oats fix Pence a Peck Winchejhr
meafure , is a Competent Rate to be given to Inn-holders, and to
take nothing for Litter ; and if they exceed thefe Rates, we hold
them punifhable by the Law, as for exafting Exceflive and Un-
meafiirable Prizes. For Horfes which come to Inns in the day-
time, we conceive it to be a convenient Rate for the Inn-keeper to
take a Penny for a Horfe, for his Stable-room only, the Horfe not
being Unbri^dled; if he be Unbridled and have Hay, and go away
the lame day, to take two Pence the Horfe, and no more.
' We find that of late Tears, there are many petty Ofiries fet up in
and about London, \\\\ic\\ entertain Horfes in by-corners,and receive
Stable-Horfes, and the Horfes of fuch who are perfons fufpefted,
and thefe have no Lodging for Travellers. By thefe Ofiries great
Inconveniences liappento the Subjefl: in general, and much preju-
dice to the Jnn-hnlders in particular, who by Law are bound to
Lodge their Guefts, and to be anfsverable for the Goods brought
into their Charge.
'We
Hijiorical Colle&ious.
* We find alfb that there are divers, who unlawfully ingrofs
great quantity of Hay to lell again : Thele are higrolTcrs punilh-
able by the Common-La-v ; and humbly moved this Honourable
Courts that the fame might be here recorded ; and that the Court
would be pleafed for the good of His Majefty's people, to Decree
and Command that the particulars thereof be ftriftly obferved.
Whereupon this Honourable CV;//r/- taking the fame into their fe-
rious Confideratiun, hath ordered, that the Certificate be Record-
ed in this Honourable Court ; and hath Decreed,
*■ Firfi, For that it is notorioufly known, that higrofTmg is a
great occafion to raife the prices of Viftuals, and alfb of Hay ;
and IngroT^ng to inhance prices is punifhable, not only by the
StAtutes^ but alio by the Common L.v.vs of the Redm ; His Maje-
fties Juffices of the' Benches at Weftminfler^ and Earons of the Ex-
chtqiifr^ tile Jurtices o^ Af/ize and Oy^r and Terminer ^ and Juftices
of Peace in their feveral places, are required to caule diligent in-
quiry to be made of all h^roffers of all forts of Viftuals and Hay,
and fee the Delinquents herein be feverely punifhed.
' And His MaiefHes Attorney General is likewife Commanded,
to caufe filch of them as fhall be brought to his notice, to be in-
formed againft in this Honourable Court, that of them Example
may be made to deter others from the like Offence.
' And it is Decreed , that after publication of this Decree in
London, no C/'<?«^/;r prefiimetobuy Corn, Grain, Meal, orFlowre
to fell again, either in Market, or out of Market.
* And this Court concurring in Opinion with the faid Reverend
Judjes ; and confidering the great Excefs and Riot, that is occafi-
oned by preparing and felhng of Viftuals in Taverns ; and how
the prices of fundry forts of Hands are hereby increafed ; hath
Decreed , that no Ja-verner or Vintner, felling Wine by Retail,
do hereafter fell, or make ready for fale, any fort of FleO-i orFifli,
or other Victuals fave Bread ; nor to defraud this Ordinance, do
by himfelf, or any other fet up, or caufe, or procure to be fet up |,
the Trade of a Cook within the fame Houfe, or in any Shop or |
Room thereunto belonging, or in any Houfe thereto near adjacent ;
nor permit or fuffer any Flefh, Fifli, or other Victual, except Bread,
as aforefaid, to be brought into his Houfe to be there eaten by
any of his Guefls.
' And the Court taking into Confideration, how the Poor are
opprelTedand pinched, \\A-\it\\ Bakers Ao fell, their Bread to tliofe
that vend the fame by Retail, at the rates of more than twelve to
the Dozen, in that the weight is abated in every Loaf; and the
Buyer being fometimes but a Paffenger, is not able to make Com-
plaint of the Baker^whom he knoweth not : It is therefore likewife
Ordered and Decreed, that no Baker fhall fell any Bread at other
rate than 12, or 1 5 at the moft to the Dozen.
' And further it is Decreed, that none that Hiall keep Ordinary-
Tables, or other Viftuahng-Tables, fliall take more of the Guefls
than after the rate of t\\'o fliillings the man for the Meal, nor more
than eight Pence for each Servant attending his Mafter ; and
that nothing be taken above that rate for Wine, or other
thing , or under colour thereof, whereby the true intent of
this Decree may be deluded, or defrauded. And that none of
D d ' them,
9 Caroli.
200
Hifiorical Collections.
J/i. 16^3. ' them, or Tuverncrs, or other Viftualers, keep or fuffer to be ufed
Games of D/Ve, Caris^ Tablts, or other unlawful Games in their
Houles, wherein this Court declareth the Licenfes given by the
(J^w^^/z-Pflr/^tr of HisMajefties HoLife, or others, for Licenfing or
Permitting any of the faid Games, are not of vaUdity to excufe
the Offenders. '
' Concerning Horfe-meat, For that upon hearing of the faid Jufti-
ces of the Peace, and hm-hepers , the prelent Prices confidered.
the Rates before fpecified are Competent ;
' It is for the prefent Ordered, and Decreed, that no Inn-keeper, or
0 filer within the Cities of London or IVefi-minJler, or in any place
\\ ithin the dift ance of ten m.iles from either of thole Cities, the
Suburbs, or Liberties of either of them, fliall take above fix Pence
for a Horfe ftanding in his Stable at Hay, a day and a night ; nor
more than fix Pence for a Peck of Oats, of the Meafure commonly'
called Winckftir-Mcaf'.re, without taking any thing for Litter,
nor more than a Penny for fhinding of a Horfe in his Stable. a day
without Meat, nor above two Pence for a Horfe Handing at Hay
in the Day, and going away before Night.
* And that no Inn-keeper fliall exceed thofe Rates in any part of
this Realm ; and where Grain and Hay are fold at lelTcr Prices,
there the Rates and Prices fliall be accordingly. And tliis Ordi-
nance fliall continue, until in the County of MW^^f/e/tJv itfliallbe
made to appear to the Juflices of the Kings Bench, and in other
Counties and places, to the Juftices of Pea^e there ; that becaufe
of the hicreafe of Prices in the parts adjoyning, greater Rates
are neceffarily to be permitted: and thereupon other Rates fhall
from time to time be fet ; which being fet, are hereby Com-
manded and hijoyned to be ftridly and duly obferved, until the
fame by like Authority fliall be altered.
* And to the end that there may be from time to time, moderate
Rates and Prices for Hay, and Grain of all forts, taken by Inn-
^.fe^er.? and Ofilers, of Palfengers and their Guefts ; His Majeflies
Juftices of the Kings Bench are defired, and the Juftices of the
Peace of other Counties and Places are required yearly, and more
often if there fliall be occafion, to make diligent inquiry of Hay
and other Horfe-meat, and to make Declaration in Writing fixed
in publick places, what Prices and Rates for Hay, and other Horfe-
meat are allowed to be taken by Inn-keepers, M'hich the ftiid Inn-
Kjeepers and Ofilers are Commanded to obferve.
' And if any of them fliall prefume to offend therein, that dili-
gent inquiry be made of them ; that they being prefented, may
without Connivance receive fevere punilliment as opprelTors of
His Majeflies people, by taking exceflive Prices.
* Moreover, the Court confidering the great inconveniences that
do arife by the number of petty Ho(lries-&x\diO(tkrs, that keep
Stables for I-forfes without Lodging for Guefts ; not liable, nor
able to make fatisfaftion for Goods under their Cuftody, that
fliall be ftolen or imbezeled : yet taking confideration of their Po-
verty, and that it would tend to their undoing, if they fhould be
fiippreffed, before fuch time as the flore they have already provi-
ded, fliall be fpent ; the Jufiices of the Peace of the City of' Lon-
don, Suburbs and Liberties thereof, the City of Wejlminfler and
' E/frroiioh
Hiiiorical Colleffions.
'J
20I
' Bitrrough of Sonthvark^ and of the Cormties of Middlrf-x and Sur-
* re',\ are required \\\i\\ all convenient fpecd, to make inquiry of
* all fach petty Oftr'ns within the faid Cities, Burroughs, Suburbs,
' Liberties, and all places not diftant above two miles from (bme
' parr thereof, and what Provifion of Hay, Oats and Provender re-
* maineth in their hands unfpent ; and to Command them not to
* make any farther Provifion.
' And after that which is remaining in their hands fliall be fjient,
* no longer to ufc or keep fiich Ofhies.
* And it is Decreed by this Court, that none after that time fhall
' keep, or ule any fuch Oftries.
' And to the end, that notice may be taken of this T)ecree by all
< thofe whom it may concern ; and that none may excufe himfelf
* upoil pretence of being ignorant of the Contents thereof;
* It is Ordered^ that the fame be publiflied in the Cities of Lon-
< don and f'Ve(h///»(ler, and in the leveral Counties of this Realm, at
* Jiri~t<:^ Svlfwns^ and other places of publick Affemblies.
' And all they to whom the execution thereof pertaineth are re-
' quired, that they fee the fame put in due execution.
* ](jtorv ye, that we taking into Our Confideration, that the Iliid
Decree was made upon grave and fad Advice, and upon the Cer-
tificate of Our J/:dges, and that the fame is Juft and fsTecefTary to
be obftrved , have Approved the fame Decree, and do Ratifie and
Conhrm the fame : and the Neceflity of thefe Times requiring
it,
* JVe do Command, that tlie fame by all thofe whom it concern-
etli be obeyed and put inexecution , under the pains to be in-
fixed upon the Contemners of Our Command, and the Decree.;
of that Court.
' And to the end that all our Loving Subjefts may be participants
of the good thereof, and may complain of thofe things wherein
they fliall be grieved, contrary to the tenor of the faid Decree,
and of thofe that in difobedience fhall contemn, or negle£l the due
obfervance thereof;
' We do Command Our Printer, that he forthwith caufe thefe
Prefents to be Printed and Difperfed into the feveral Counties of
this Realm with expedition ; fb that in every of thbfe Comties, the
fame may be publiflied at the general Sefjion of the Feace, to be
holden next after the Fecift of the Efifbmie now next coming ,
that Our People of thofe Counties m.ay take notice thereof.
' And we do Command the JufUces of the Pe^^re , that at their
faid Sejfions in every of the faid Counties, the fame be openly read :
and we do require Our Council in our Court of Star-Chamber, the
Juftices of our Benches, Barons of Our Exchequer, Juflices of Af-
pz.e and Oyer and Terminer, and juftices of the Pe^i^e ; that againfl
all thofe that fhall offend againfl the faid Decree, they proceed
without Connivence, as they tender Our Service and the good of
Our People.
' Whereof We have caufed thefe 0//r Letters to be made Patents.
Witnefs Our Self at Weflminfier, the i4f/'day of Decmiber, in
the Qth Year of Our Reign, Per iffum Re^em.
WILLIS.
DJ 2 In
9 Caroli.
202
Coates verfiis
Goring & ali-
os.
Hiflorical ColleEtion^.
Riotous Rcf-
cue.
Fifry pound
Damages.
Attern. Regis
ore tenia Ver-
fiii Jagger &
alios.
Counterfeit-
ing of Far-
things, and
making Inftru-
ments for that
Purpofe.
Attorn. Kegii
per Ker South-
c t & aliis
Sn Cap verfiis
Tinmbiiry,
Libel.
Mich. 9 Car.
THe Defendant ?ylanday being Arrefted in Chelfey-ficlds, at
the Plaintiffs Suit, by t\^/o of the .Sheriff of MtUijix Bai-
liffs, lay down on the ground, and defred that notice might be
given to his Friends thereof, and that they \^'ould not fuffer him
to be carried away ; whereupon Goring being then a Conflable,
together \\ ith the Defendants Richard Munday., Wine and Irvtt.,
w lio V. ere weaponed w ith'Sta\'es, with divers others, came to the
Bailiffs, who told them they had Arrefted Ihom.u Munda-i' ; and
then the laid Winp^ Trott 2inA Richard M.nddy i^K^x^, they fh.ould
not carry him a foot farther ; and Goring the Conftable, under
pretence of keeping the peace, took aw^ay the Bailiffs Weapons,
and then did knock them doMn ; and then the Defendants did,
with others, fore beat and w ound the Plaintiff and the Bailiffs,
andRefcuedthe Prifoner, and then carried the Plaintiff, and Bai-
liffs to Ck'lfty ; and by the way Goring threatned to throw one of
the Bailiffs into the 7h.\nies .• and when they came to Chclfly he
caufed them to be fluit up into a Room, and v^ould not fuffer a
Chirurgeon to come to them to ftanch their Bleeding, by the fpace
of an hour and half, and in that time he took a\vay the Bailiffs
Warrant. And for thefe offences they were all committed ; Go-
ring fined fifty pound, and the other four and twenty pounds a
piece, all bound to the good Behaviour a year, and pay fifty pound
damage to the Plaintiff.
Mich, 9 Car.
THe Defendants confederated and agreed together to make
Counterfeit Farthing -Tokens, and accordingly they did lb.
"Jagger and William Cooper were the Work-m.en, and by the help
of Me^co^^^p, aBlack-fiTiith, provided Tools for that purpofe ; Jr^gitr
furnifhed them with Monyand Copper and Mas to have a fliare of
the Farthings, and profits thereof; and Ralph Cooper befpake fbme
of the Tools, and paid eleven Shillings towards them, and was to
have a third part ; andhad.anddid vent feme of the Tokens which
they made ; and Meacomhy the Smith made part of the Tools,being
told for what purpofe they were. And for this they were Com-
' mitted. Fined 100 /.a piece, let on the Pillory in Cheap fide, and
' thence whipped through the Street to Old Eridewel., and there
' received and kept at Work ; and if ever they be thence enlarged,
' then firfl: to find Sureties for their good Behaviour.
Mich. 9 Car.
' *~T^U& Defendant out of malice to the Relator, being a Chirur-
* geon in C/^'/r^f/tr, did, in the prefence of divers perfbns,
* publiflt certain Libelous Rhythmes and Verfes, \\ hich he faid v ere
' made of the Relator, beginning thus, From Cet to South., ftcm
'C.tp
Hiflorical CollcBiom.
203
' Cap to Scot ; and ending thus, jlnd Js not he a very KjJ-tve^ who
' makes a Privy of a Grave ? And for this he was committed to the
* Fleet, fined fifty pound, to ask the Relator forgivenefs at Chichefier
' before the Mayor, and pay him twenty pound Damages,
Mich. 9 Car,
*' I '"He Defendant, Sir Henry Bealincr, together with one Mac-
n robin deceafed, who bare malice to the Relators Father,
and vow'd to be reveng'd of him, falfely informed the Juftices of
Aflize, That the faid Bnlhen the Father had murdered his Wife,
and thereupon he was bound over to anfwer it at theAfIizes;and the
Grand Jury, upon the Bill of Indiftment againft him, return'd
Ic nor anms tw'xce; and the Juftices of Affile having, fordifcovery
of the Truth, examined divers Witnefles, they gave direction to
acquit him by Proclamation ; which the Defendant Bealin^ per-
ceiving, and being incenfed againft B-yfJjen for fbme words that he
ufed then in Court, he did again prefs and procure the Lord Jn-
oier^ then Judge of Affile, to bind the faid Bv/Z^dy/ over again un-
to the next Affiiles, and faid he would be bound to Profecute, and
find other Evidence againft him for the King : and between that
and the A^Tifes B'-alin^ vow'd, he would fpend all the Friends,
and Means he had, but he \vouId have B/,y?;?» hang'd ; andalfb
faid he v/ould follow him to Hell-gates, but he would hang him.
And to effeft that his Devilifli Purpofe, he earneftly fbllicited the
Lord Vif(:ount Loftns ^ Lord Chancellor of Ireland, to inter-
pofe therein, and give his Afliftance, telling him great advantage
\\^ouId be made thereby, for that BufJjen was a Man of a great E-
ftate ; which the Lord Loftm refijfing, Bealing fent a Servant
to Welden, then High-Sheriff" of the County, to tell him, that if
he would joyn with him the faid Bealing to Convift Bujhen, it
fhould be worth him 5000 /. And before the Affifes, Bealin-r
told the Lord Loftus he had gotten a Man of Power that would
profecute it with effeft. And at the Affifes, the Defendant the
Lord K^ilmallock being then Chief-Juftice de Corn Banco in Ireland,
and Juftice of Affife, ( and being, as it fhould feem by the fe-
quel, the Man of Power mentioned by Bealing ) caufed the Sheriff,
on the 2d day of the Affifes, about 7 or 8 a Clock in the morning,
to fend for the Grand Jury to the faid Sheriffs Houfe ; and they
being brought into the Dining Chamber there, he caufed all per-
fbns whatfbever to be fluit forth, except the Judges themfelves,
the Jury, the Clerk of the Crown, the Sheriff, and the Defen-
dant Bealing the Profecuter v and the doors being fhut, the De-
fendant, the Lord SarsfeUd Vifcount KJlmallock, caufed a Bill of
Indiftment to be preferr'd, and read to the Jury againft Bu^en,
for the Murder of his Wife, and then bid the Jury go together
and find the Bill, and told them they ought to find the Bill ; and
the Jury defiring to have fbme Evidence, the Defendant /C/'/-
mallock call'd the Defendant Bealing, who upon his Oath did De-
pofe onlv, that he heard Baflr'n murdered his Wife, which was
all the Evidence they had, faving that the Lord Sarsfeild told
^ fbme
9 Carol/-
Twenty
pound Da-
mage.
Star-Chamber
AttoriC Regis
jier Rir Bufli-
cn vm^ Doin"
l-'icscom'' Kil-
mallock, &
aC di Ireland.
Malicious Pra-
ftice, profe-
cucion of an
Innocent Man
for Murder.
504
Hiftorical ColleBions.
y///.i63j.
llnjuft, and
Indircft Car-
riage in a
Judge upon
the Arraign-
ment and
Trial of a
Man for Mur-
der, whereby
■ an Innocent
Man was Con-
demned and
Executed.
1 000 /. Dam'.
250/. Dam'.
' Ibinc impertinent Tales and Difcourfcs of the Arrange and miracu-
' lous Difcoveries of fecret Murders, and iiiid, That unlefs they
' would expeft a Jvliracle from Heaven, they could have no better
* Evidence than they had. And afterward Four of the Jury refu-
' fing to find the Bill, the Lord Sarsfcild told them, if they would
* not find the Bill, they muft attend him in(!^ourt, which they did :
'and one of them being ask'd, Whether he was with the Bill, or
' againft the Bill ? and he anfwering againft the Bill, the J ord
' SarsfdU told him, he look'd for no better at his hands ; and told
* another of them that was againft the Bill, it was one of his Lon-
' don Tricks, and then Committed the Four that would not find the
* Bill, put them off from the Jury, and fined them 40 /. a piece ;
' and ftriking his hand on his Breaft, fwore by his Honour, that
' not one Penny of their Fines ihould be remitted ; and immediately
' after cauled the 1 1 that yielded to find the Bill, and Two others
' to be fworn of a new Grand Jury, and they going together, found
' the Bill BilU Vera. And thereupon Bujhtn coming to be Tryed
' for his Life by the Petty Jury, and Evidence being about to be
' given againft him, hedefir'd, in refped of his Age and Deafnefs,
' and the then Noife of the Glafs-Windo\\'s, by reafbn of a pre-
* lent Storm, and the Noife of the People, that he might have
* leave to come out of the Bar, and ftand where he might hear
'what Evidence was given againft him, that he might the better
* anfwer for himfelf ; which the Lord SarsfeiU unjuftly denied him.
*■ And Biilhn being charged, that he himlelf put his Wife into
' her Winding-fheet, defir'd, that fuch perlbns as did view her
' Body after her death, and did wind her, might be heard to dilco-
* ver the Truth ; the Lord SarsfeiU unjuftly denied that alio : and
' BrijJjen then defiring that the Juftice of Peace, who had taken the
* Examination of the Bufinels, might be heard, the Lord SarsfeiU
' denied him that Requeft alfo. And the Petty Jury, after going
'together, and ftaying Ibmewhat long, the Lord SarsfeiU icnt them
' word, that if they would not agree and come away, he would
' carry them with him the next day in a Cart ; and being told that
'they were all agreed but one, he fent a MeiTage to the Jury, in-
' citing them to pinch that Man that would not agree ; to pull him
' by the Nole, by the Hair of the Head, and by the Beard; and by
' that means to compel him to agree with them ; and bid the Jury"
' make much of him that night, and that he would make much ot
'him the next day; and lent that one Man word, that it had been
' better for him to agree. And loon after thefe threatning Meffa-
' ges deUvered to the Jury, and they knowing the ufage of the for-
' mer Jury, did, upon light Evidence of Hear-lays only delivered
' by Bealino\, and others, find Bufljen Guilty of the Murder of his
'Wife, and he was condemned, and Executed for the lame, when
' as it clearly appear'd flie died of a Natural Death, and Difeafe of
' tlie Bloody-Flux. And for this foul Carriage, the Lord SarsftiU
' Vifcount ]\jlmallock^ was Committed to the ¥ket^ during His Ma-
' lefties Pleafure ; Fined 2000 /. to the King, and 1000 /. Damage
' toB/f/Z^fz; the Relator : Bedin^ Knight, for his malitious Profecu-
' tion, Devilifli Practice and Attempt to get other Men of Power
' into his Wicked Prolecution, was Committed to the ¥ket. Fined
' 500 /. and to pay 2 50 /. Damage to Bnfje!?^ the Relator.
The
H Hi orjcal Collecfiom,
'^
The Billiop of London being lately Tranflated to be Arch-Bilhop
of Cu/terhrry, he, by vertue of his iMacc, as the greateftMan
in the Church, thought fit toadvile HisMajefty for a Refor-
mation in the Church of Scotland^ and began v\ ith the Royd
Chdppel in thele following Anid's fent in His Majeftics Name,
with a Letter to command Obedience.
Charles Rex.
Vr exprefs Will and Pleaftrc w", That the Dean of Our Chapt>el,
^ that now is^ and his Succeffors, (ball be Ajjiftant to the Ri'^ht Re-
verend Father in Gody the Arch-B/fl/oj; of St. Andrews, at the Coro-
nation, fo often ai it (I) all happen.
That the Book of the Form of Our Coronation lately nfed, be put in
a little BoXy and laid into a Standard, and committed to the Care of the
Dean of the Chappel fuccef/lvely.
That there be Prayers twice a day, with the Quire, as well in Our
abfence^ as otherwife, according to the Englifh Liturgie, till fome
Co.'irfe be taken for making one, that may ft the Cufiom and Conftitu-
tion of that Church.
7 hat the Dean of the Chxppel look carefully^ that all that recei've the
Blejfed Sacrament there, receive it Kjieeling ; and that there be a
Communion held in that Our Chapfel the firft Sunday of every
Month.
That the Dean of Our Chappel that now is^ and fo fucceffively^ come
duly thither to Prayers upon Sundays, and fich Holy-days as that
Church obfervesy in bis Whites, and Preach fo, when-ever he Preach-
eth there. And that he be not abfent from thence., but upon necejfary
occafwn of his Diocefs or other wife ^ according to the Courfe of his Pre^
ferment.
That thefe Oxdei'S /hall be Our Warrant to the Dean of Our Chappel.
That the Lords of Our Privy Council, the Lords of the Sedions,
the Advocate, Clerks, Writers to the Signet, and Members of Our
CoUedge of Juftice, be commanded to receive the Holy Communion^
once every Tear at the leaft^ in that Our Chappel Royal, and Kjieelino
for Example fake to the Kjngdom. And We likewtfe Command the
Dean aforefaid to make Report yearly to 'VSy ho:v We are obeyed therein,
and by whom ; as alfo if any Man jhall Rtfufy in what manner he doth
foy and why ?
That the Copes which are Confer ated to Our "Vfy be delivered to the
Dean to be kept upon Inventory by him, and in a Standard provided for
that purpofe ; and to be ufed at the Celebration of the Sacrament in Our
Chappel Royal.
Charles Rex.
RLverend Father in God, Tru/ly and well-beloved Councellory We
Greet you well. We have thought goody for th better ordering
o/" Divine Service, to be performed in Our Chappel ^Oi^'iX there, to fet
down fame Articles under Our own Hand, to be olfrvL d th, rein, which
We fend you here inclofed. And it is Our fpecial P leaf ire. That you
fee every thing carefully performed, according as We have directed by
thefe Our inclofed Articles ; and likewife th.it you Certifie to the Lords
of Our Privy Council, // any of thofe appointed by Our former Letters
to
/; C.troli.
Oftobir the
n.c Articles
for his Majc-
rtics Royal
Chappel in
Scotland.
The Letter.
oaob. 8.
2o6
Hifiorical Colle^iiom.
y/». 1635.
tot hem ^ to Commimicate in Our C/jappil-Roja/., (Jj-ilhtot accordingly pey-
form the fame, to the end fuch Order may be taken by Our Council there-
in. Its by Our [aid former Letters to them We did appoint. Wherein
expeciing your Diligence and Care.^ We bid you Farewell.
From Our Court at Whitehall i\^ %th day
oi O£lober 16 3 j.
Moreover, the Arch-bifhop of Canterbury had a Warrant from
the Kin^, to hold Correfpondence with the Biiliopot" Dunblane,
the pre (ent Dean of the Chappel-Royal in Edmb- gh^ and from
time to time to Communicate unto him His Majefties further Dire-
dions, for the ordering of this Service. The Royal Chappel being
thus ordered, was declared to be for a Pattern of the Intended
Reformation to all Cathedrals, Chappels , and Parijh-Ch;.rches in
Scotland.
After this the Arch-bifhop wrote divers Letters to Bifhop Bahn-
tine, to promote the Defign, and to let His Majefty receive a Note,
who thofe be that Conformed, and who not.
Another Letter Informing him of his miding the Bifhoprick
of Edenb"rih, for his Omilfion of Prayers in the Chappel, accor-
ding to the EngiifJj Lrtur'rie, &-C. and Exhorting him to be careful
for the future/ and that his Excufe was not fatisfaftory, 'viz.. That
tlie Singing-Men could not come for Debt ; for that the Prayers
might have been read by his Lordfliips Chaplam. That he did
well to acquaint the lords with His Majefties Reiblution concer-
ning the Communion there.
Another to like purpofe, and concerning the payment of the
Singing-Mens Wages.
Another, 7^nuarv the 12?^ 16 ;j4. giving him Thanks forhisRe-
fblutions about ordering the Kings Chappel , and wearing his
Whites, drc.
Another, February the 28.*/^ 1634. containing Thanks from the
King, for the Solemnity of the late Communion, and exprefling
his Hopes, that the other Bifhops were in their IVh'tes, as well as
he , that the Envy of the Vulgar might not fall only on him. That
he had fhewed His Majefty the Paper of thofe of the Si^^on, as did
not Conform at the Communion. That he had done what he could
for the Gentleman of the Chappel ; but the Times required Pa-
tience, &c.
And on the 28/^^ of September 1634. the Arch-bifhop of Canter-
bury caufed the King to Sign a Common-Prayer-Book, for the ule of
the Church of Scoshnd : and gave order to the Bifliops of Scotland,
to compile certain Canons for the Government of the Church of
Scotland ; which Liturgie and Canons were to be Impofed upon that
Church, by Regal, and Epifcopal Authority, without Confent of
Parl'amrntl or of a General Jffembly. The Billiops of Scot/and,
not long after, gave the Arch-Bifliop of Canterbury a particular Ac-
count of their Proceedings therein, with Thanlis for his many Fa-
vours to them.
In
Hid orical Collet} ions.
207
In thefe Times the Communion-Table in Parochial Churches
began to be placed Altar-:vrfe after the Pattern of Qnthidr.tls,
which were called Motha-Qhiirch:s.
"^N the li of November \\2ls debated before His Majefty, fitting
> in Council, the Qaeftion and Difference which grew about
the removing tlie Communion-Table in St. Cro^ories Cliurch near
the Cjjhidr.1l Qhiirch of St. Vnnls^ from the middle of the Chancel
to the upper end, and there placed AltAr-wsjl., in flich manner, as
it ilandeth in the laid Cathedral and Mothn-Church^ as alio in all
other Cathedrals, and in His Majeflies oun Chappel and as it is
j conlbnant to the praftice of approved Antiquity; which removal,
j and placing of it in that fort, was done by order from the Denn and
Chapter of St. P.t///.f, who are Ordinaries thereof, as was avowed be-
fore His Majefty by Dr. ]^in;^ and Dr. Mnntfnrt^ Two of the Fre-
bendarks there : yet fbme few of the Parifhioners, being Five in
Number, did complain of this A6i: by Appeal to the Court of
Arches, pretending that the Book of Common-Prayer, and the 82^
CanoN, do give permi'llon to place the Communion-Table where it
may ftand with moft fitnefs and convenience. Now His Majefty
having heard particular relation made by the Counfel of both Par-
ties , of all the carriage and proceedings in this Caufe , was
pleafed to declare his diflike of all innovation , and receding
from Ancient Conftitutions, grounded upon juft and warrantable
Realbns, elpecially in Matters concerning Ecclefiaftical Order and
Government, knowing how eafijy Men are draxvn to affeft Novel-
ties, and how (bon weak Judgments infuchCaies, maybe over-
taken and abufed : Further alio obferving that if thefe few Pa-
rifhioners might have their Wills, the Difference thereby, from
the aforelaid Cathedral Mother-Lh :rch, by n^hich all other Chur-
ches depending thereon ought to be guided, ^\'ould be the more
notorious, and give more fiibjeft of Dilcourfe and Difputes that
might be (pared, by realbn of St. Greqories ftanding clofe to the
Wall thereof. And forafinuch as concerns the liberty given by
the Common-Book, or Canon, for placing the Communion-Table
in any Church or Chappel with moft convenience;it was anfwered.
That fuch Liberty is not fb to be underftood, as if it were ever left to
the difcretion of the Parifh,much left to the particular Fancy of any
humorous perfbn, but to the Judgment of the Ordinary, to whole
Place and Function it doth properly belong to give diretbion in that
Point, both for the thing it felf, and for the time when, and how
long, as he may find caule ; upon M'hich Confideration His Majefty
declared, That he well approved and confirmed the Afl: of the laid
Ordinary, and lb gave Commandinent, that if thole few Parifhio-
ners before mentioned did proceed in their faid Appeal, the Dean
of the Arches, who was then attending at the hearing of the Caufe,
fhould confirm the faid Order of the aforefaid Dean and Chapter.
E e
The
9 Laroli
If
St. Gre^ori
Church.
208
Hiflorkal CollcUions.
Junmry 22.
1653. The
Lord Deputy
of V!-lvi.C%
Advice to the
King, concer
ning the call-
ing a Parlia-
inent.
Lord Deputy
W'fifwor(/)'s
Letter. 11533.
The Lords prefent at the making of this Order were thefe.
The Kings Moft
Lord Arch-Bifhop of Canterbury.
Lord Kjeter.
Lord Arcli-Bifhop of Tork,
Lord Treafarer.
Lord Prhjy-Seal.
Lord Duke of Lenoxx
Lord ('hambtrUine.
Earl of Bridgetvater.
Excellent Majefiy.
Earl of Carlijle,
Lord Cottington.
Mr. Treafnrer.
Mr. Comptroller.
Lord High-Ch amber laine.
Earl Marlhall.
Mr. Secretary Cooke.
Mr. Secretary fVmdcbancke.
Thom.ii Lord Vifcount Wentrvorth^ Lord Deputy of Ireland, on
the 22^/ of January i6^^.'W2ls pleafed to write to His Majefty a
Letter, giving his Humble Opinion concerning a Parliament in His
Majerties Kingdom of Ireland, as foUoweth.
ALbeit the calling of the Parliament in this Kjngdom, is at no time
of fo much hazard, ( where nothing is propounded as a Law, be-
fore it frjl borrows motion from Tour Maj^Jties immediate Allowance
under lour Great Seal^ as it is /» England, where there is a Liberty
ajf urn d to offer every thing in their o\n time ^ and order ; and this Sub-
ordination, whereunto they have been led by the Wifdom of former
Timesy is ever to be held as a Sacred Prerogative, not to be depart-
ed from^ in no piece to be broken or infringed : yet is the Propofition al-
ways weighty J and very necejfary to be confidered with great deliberati-
on, whether the prefent ConjnnBure of Affairs doth now advife a Par-
liament.^ or no ? and after a ferious Difcourfe with my felf my Reafon
perfvades me for the Ajfemblmg thereof
For the Contribution from the Country toward the Army^ ending in
December nexty Tour Majefies Revenue falls fhort Twenty Thou-
fand Pounds Sterling by year of the prefent Charge it is burthened with-
ally k fides the vafi Debt of Fourfcore Thoufand Pounds Irifh upon the
Crown ; which yearly Payments alone are impofjible by any other way to be
in time fupplied, but by the SubjeB in Parliament ; and to pafs to the
Extraordinary, before there be at leaf an Attempt frfi to effect it with
eafy were to love difficulties too well ; rather voluntarily to feek them, I
than un'V ill ingly to meet them; and it might feem as well vanity in the
frfl nfpeHj fo to fffe^ them^ as faintnefs to bow under themy when
they are not to be avoided.
The next Inclination thereunto arifeth in me from the conditions^ of
this Country ywhich is grown very much more civil andrichyfince the Accefs
of Tour Royal Father of Blejfed Memory y and Tour Majefiy to the Crown.
That ail Tou have here is ijfued out again among them for their pra-
te ft ion and fffety^ without any confiderahk Refer vat ion for other the
great Affairs and Expences abroad.
That this great Charge is fuftainedy and this great Debt Contracted
through Imployments for the Pub lick, whereof the benefit hitherto hath
been intirely theirs. That there hath been but one Suhddy granted in
all this time, nor any other Supply but this Contribution ; m exchange
when-
ifiorical Colle thorn.
1Q(^
-.vhereof Tour Princely lounty retnrn A thtm Graces as beneficial to the
Siil>]ect^ as their M.vitj )r.ts to To;ir M.ije(ly ; fo as their Sithflitnce ha-
I'ing been jo imreaftd imdtr the Guard of Tour IVifdom And 'jufiice^
Intle ipeed hence from them. The Crown fo pnjfed only for their
Good j and fo rnodefi a Calling upon them now for a Supply j which in all
IV/fdoff/j Good Nature, and Confcience^ they are not to deny ; Should
they not conform themflves to 1 our Gracious WiU^ their nnthankfulnefs
to God, and the hefi (?/* Kings, would become inexcu fable before all the
JVorldj and the Regal Power more warrant ably to be hereafter extend-
ed,_ for r-edeeming and recovering Tour Ma'je flies Revenues thus lojl, and
juftly to punijh fo great a Forfeit^ as this muft needs be fidgd to be in
them\
Next^ the fright fid Apprehenfwns , which at this time makes their
Hearts beat^ left the Q^irterly Payments towards the Army, continued
now dmofk Ten years^ might in fine turn to an Hereditary Charge upon
their Lands y incline them to give any reafonable thing at prefent^ to fe-
cut€ them from that f ar for the future ; and therefore according to the
whole fonte. Counfel of the Phyfician, Cum dolet, accipe.
jlnd lafllyy^f they fooiild- meanly cafh fromth::m th fe mighty Obligations,
which indeed t cannot fear ; Tour Ma f (lies Affairs can never juffer lefs
by their flartmg afde, when the Gen-ral Peace abroad admits more uni-
ted'Power in Tour- M'affiy, and lefs d'-Jtrsci'ed thoughts in Tour Mini-
fllr-s to chaftife. fuch a forgetfulnefs^to call to their remembrance, and to
inforce from th'-m other and better Unties than thtfe.
hi the [tcond pl-ra , the time Tour Majefly (ball in Tour Wifdom ap-
point- for this y^.QQtm^ ifnports very much, which , with all (ubm'ffion,
I fljould advife might- not be longer pit off than Eafter or Trinity
Term at far the fl; and I jhall crave leave to offer my Rtafms.
The Improvements fnentiontd in my D>J patch to the Lord Treaflirer,
(^ from which Tno way. recede ) would' not be foreflawed, wherein we lofe
much by deferring this Mtetin^ : a-Circiimflance very confiderable in
thtfe flreitSy ^vherein, if ftrpri^Jd, it ?nifht be of much difadvantageA
in cafe the Parliament anfver not expectation ; and to enter upon that
Work before J would be an Argument for them to fc ant their Supply to
Tour Maffty.
Again, A Breach of a Parliament would prej'cdice lefs thits, than in
f\^ inter ; having, at the worff Six Months to turn our Eyes about,
[and many Helps to be gain d in that fpace \ where, in the other Caf,
the Contribution ending ;> December vzpjc/-, we fbauld be put upon an
infant of Time, to read our Leffon at the frfl fight.
Then, the calling of a Parliament, and determining of the Quarterly
Payments falling out much upon one, might make them apprehend, there
was a neceffity enforcing a prefent Agreement, if not the good one we
would, yet the bejl we could get', and fo embolden them to make, and
flatter themfelves to gain their own Conditions ', and Conditions are not
to be admitted with any Snbjeils, lefs with this People, where Jour Ma-
je flies abfolute Sovereignty goes much higher, than it is taken (^per-
haps ) to be in England.
And laflly , There being fome of Tour Maf flies Graces, which being
pajfed into Laws, might be of great prejudice to the Crown ', and yet it
being to be feared, they will prefs for them all, and it^s uncertain what
humor the denying any of them ?night move in their Minds \ I conceive,
under favour, it would be much better to make two Seflions of it, one
Ee 2 ^ in
droli.
■imvK in'.icu^>'^.» "^T-
QIO
hifiorkal Colleciions.
\Jn. 1633.
I ft Summer, the other in Winter \ tn the fonnjr to fcttli 'Tour Ah-
jeftics Supply ; iind in the latter, to En/iB Jo inxny of thoft Graces, .is
in Honour andlVifdom pjonld be judged equal ^ when th^: puttino afide
of the rejt tnight he of no ill confequence to other Tour Royal Pur-
pofs.
All the Objections lam able to fuggefl unto my felf are "Two : That it
tnight render fruitkfs the intended Improz>ement upon the concealments,
and prejudice the Plantations of Coiinaght and Ormond. The ^firfi
may eajily. be helped by a (Jjort Law propounded in my Difpatch to my
Lord Treadirer j and Voixto, that there do no other Law pafs thejirjl
SeiTion , the /econd is likeivife fufficiently fecuPd.
Then it is to be forefeen what Tour Majefty will demand ; haw to in-
dncey and pur fie the fame, for the happy fettltment of the Regal Rights,
and Po.vers in this more fubordinate KJngdom,
My Humble Advice is, to declare at the frft opening of the Meeting,
that Tour Majefly intends, and promifs Two Seflions : This former
for Tour felf; that latter in Michaelmas Term next for them. This
to afcertain the Payments of Tour Army, and to fir ike off the Debts of
Tour Crown ; That for the Enacting of all Juch profitable and ivhole-
fome L.1VS, its a fno derate and good People may expeSl from a Wife and
Gracious King.
Ihat this being the order of Nature, Reafon, and Civility , Tour
Maje/ly expects it fwuld be intirely obfrv'd, aftd Tour felf wholly in-
trujhd by the?n ; which th^y are, not only to grant to be fit in the gene-
ral Caf of ]\Jng and Subjects, but ought indeed to acknowledge it with
Thankfdlnefs due to Tour Majefly in particular , when they look back, and
call to mind, how for their eafe Tou were content to take Sixicorc Thou-
fand Pounds (which their Agents gave to be paid in Three') />? Six
Years ; and not barely fo neither , but to double Tour Graces toward
thim the whilft, which they have enjoyed accordingly much to their Ad-
vantage, and greatly to the lofs of the Crown.
And that confidaing the Army hath been rtprefented over to T'our Ma-
jefly from this Council, and in a ?nanner from the Body of this whole
Kingdom, to be of abflute Neceffity, to give comfort to the quiet
M.nds tn their hone ft Labours, to contain the Licentious Spirits within
the modeft Bounds of Sobriety ; It confifts not with Tour Mayflies Wif-
do?n to give unto the World, no not the Appearance of fo much impro-
vidence in Tour own Councils, of fo much forgetfulntfs in a Cafe of
their Safety, its to leave that Pillar of Tour Auth jrity, and their Peace,
i/nftled for continuance at leafl one Six Months before the wearing
forth of their Contribution.
1 he re fore Tour Majijty w.ts well ajfur^d, in conformity to the Rules of
Reafon and '[Judgment, thty wo'dd prefently orantlhree Subfiiies to he
paid in Three years, to difngage the Crown of Fourlcore Thoufand
Pounds Debt, and continue their Quarterly Payments to .-ardthe Army
Four years long^er ; in which time it was hopeful (^fiit t/'/e to Tour Gra-
cioiis Intentions) forne other Expedient might be found out, to main-
tain the Army without farther Charge to them at all', which Zav pajfed,
they ffjould have as much leifure to Enact for thetn fives at after, as
they could dtfire, either now, or in Winter. Nay, lour M.ijfty would
be Graciou/fy pkafed, with the Ajfiftance of Tour Council, to advife
ferioufly with them, that noth'ng might remain, eii-lr.r unthought-of
or denied, conducing to the publick Good of this Kingdom ; but if they
Hijiorical ColleUions,
Ql I
make difficulty to proceed with Tour May-fly in this manner ^ other Co:/n-
fds mnft be thought of, and little to be relied on, or expecJed from
them,
I am not to flatter Tour Majefly fo flar, as to rafle any hope on that
fide, that all this fjottld be granted but by prejfing both, and efpecially
the continuance of the quarterly Payments to the Army, which they
dread above any earthly thing. I conceive it probable, that to deter-
mine and lay afteep ( as they think ) the Contribution, and in acknow-
ledgment of Tour Mxje flies happy accef< to the Crown , they may be
dra<vn to a prefent gift of three Sllbfidies , payable in three years,
which alone would keep the Army on foot, during that ti?ne ; and tj
my Calculation hold, ahnofl dif charge the debt of the Crown befide.
' For thtis I make my Eflimate. The Contribution from the Country
is now but twenty thoufand pounds fterling by the Year ; whereas I
have good Reajon to trufl, each Subfidie will raife thirty thoufand
pounds fterling, and fo there will be loooo I. for three years, over
and above the eflabUffrnent which thirty thoufand pounds fterhng, well
and profitably iffued, will ( / trufl ) with Honour to Tour Majefly, and
Moderate fatisf action to the Parties, flrike off the whole fourfcore thou-
sand pounds irifll, which in prefent prejfeth fo fore upon this Crown.
And then. Sir, after that in Michaelmas Term 4// Beneficial Acis for
the SubjeB be thought of, asjnany, no fewer, nor no more EnaBed than
were ft in Honour, and JVifdom to be granted ; If for a Conclufion to.
this Parliament we could gain from them other two Subfidies, to buy in
P.ents and Penfions to ten thoufand pounds yearly value ( a thing they
are inclinable unto, as is mentioned in my Diflatch to the Lord Trea-
furer) I' judge there were a happy ijfue of this Meeting ; and that it
jhould through God's Blefing appear to the World in a few years, Tou
had without charge made a more abfolute Conquefi of this Nation by
Tour IV/fdom, t%an all Tour Royal Progenitors have been able to ac-
complfl) by their Armies, andvafl expence of Treafure and Blood.
Ihfe being the ends in my poor Opinion, which are to be defired, and
attained ; the befl means to dijpofe and fit all concurring cmfes thereun-
to, art not to be forgotten ; and therefore as preparatives, I make bold
to offer thef enfuinir particulars.
It feems tome very convenient, a Committee be forthwith appointed
of fome few of m here, to take into confideration all the Bills intended,
■.vhen th:re was a Parliament to have been called in the time of my Lord
Faulkland ; Such as fjall be judged beneficial to make them rea-
dy ; fich as may be of too much prejudice to the Crown, to lay them
afid, and to draw up others, which may chance to have been then omit-
ted. This Work ?nay be by the Committees, either quickned or fore -
flown, as the Parliament proceeds warmer, or cooler in lour Majeflies
fipplies.
Next, That Jour Maje flies AQ:s of Grace directed to tny Lord
Faulkland //:»e ^i.X.h.ofMay 1628, ?nay be confidered by fuchof'lour
Council in England, asfjall pleafe Tour M.ijcffy to appoint ; there be-
ing many m.ttters therein contained, which in a Law would ^ not fo well
futurelv fort with the Power reqnifite to be upheld in this Isjngdom, nor
yet with Tour Majeflies prefent profit ; which h.tth perfvadcd me to ex-
cept again ft fich, as I hold be ft to be ftlently p.tjjcd over, and tranfmit
a Paper thereof to-my Lo^-;^ Treafurer.
7/
C.rroli.
212
Hjftpncal ColleBions.
1
;«
^". 1 63 3* 1 It ii to be feared, the memer fort ofUnkjetts Inre live under the pref
\ fires of the great men,and therf is a. generdCom^kmt^that Ojficcrs txacf
much larger Fees than of right they ought to do. To help the former ,
if It be pofjiblcj I will find out two pt^ three to. md'^ examples of ; and
to remedy the latter^ .^ grant out a CommifTionyor examining, regnUting
and fetting down 1 ables of Ftes irf all your ^oyrts ; (0 as they Jh all find
Tour Alajejiies Goodneji'andjujlice, watching and qaring for their pr c-
techon and eaje, both in private, andpublick rejpefls.
I jhall indeavour the ^.ower Hpufe may he fo compofed, as that nei-
ther the Recnfmts, nor yet tkc Pi:ot,efiants fhall appear confidcrable, ?nore
one than the other , holding them as, much ^ WAy h upon equal Ballance ;
for they will prove thi-M eafier to gover?i, thrtff if either party were abjo-
late. Then would I in prruatt Oyfoarfe jherv the Reculant, that the
Contribution ending in December WAty if Vour Majejiies Army were
not ffipplkdfome ot^her )vay befor^e, t.he tuielve pence a Sunday mu(l ofne-
cefflty be exacied upon them ; foew the Frotefiant.., that Tour Majejly
mufi not kt go the ^wenty-thpulandpovinds-Contribution, nor jet
difcontent the, other in mattSK of Religjon, till the Army were fome
waj elfe certainly, provided for ; and convince them bothj that the pre-
fent quarterly payments are not fo burthenfom, as they pretended them
to be ; and, thai; by the (graces, thsy have had already, more benefit., than
their mony came to. Thm poifing. one by the other, which fingle might
perchance prove, more uph'-'''ppy to deal wjth.
I will Ubpnr to make as many Captaijis, ^/^^OjfJ^cerj-Burgefles, as
po/Jibly^ I can J who having. im?ned^a,te dependence upon the Crown^ may
almofi fway the Bufinef; betwix^t t}^ twfi. Par.tief , which, way they
pkiife.
In the Higher Koufe Tour Majefiy will have, I trufl^ the B/JJjofs.
wholly for fou. J^e Titular Lords, rather than come over thernfelvesy
will put their proxies into fuch Jafe hands^ as may be thought of on this
fide \ and in the reft Tour Maj.fty hath J :ch Intereft, what out of du-
ty to the Crown., and obnoxioufne ji in, them ft Ives , as I do not appre-
hend much any^ difficulty among the/n.
To theft, or anfth'png elfte direchdby Tour Maftfty, I will with all poft-
fihle diligence, apply fny felf ftofoon as iftballunckritAud lour pi If re
therein ; ?noft humbly befeeching, Tou will take it into Tour Gracious
Memory, how tnuch Tour Maftfties f^eedy Reft ktion m this gnat Bu-
finej^ imports the profttrity of Tour Affairs in this place, and in that rt-
..( /pec7 vouchftafe to haften it, .ts mu<;h as conveniently tnay he.
In this Difpatch the Deputy alfb writ to His Majefty Confidera-
tions tending to the Government of the Church, &c. In thefe
words.
May it pleafe Your Sacred Majefiy.
Conftderations tending to the better Government of the Church and
Clergy in this Kjngdom, I offer in a Letter herewith fent to my Lord's
Grace of Canterbury.
TH E prefent mean condition of this Army, and the neceffa-
ry courfe to be held in the ipeedy Reformation thereof, I
fully now fet forth in my dilpatch to Mr. Secretary Cook.
The
^iw^mnvaa
Hiftoricd Collecljoii^
213
The ftateof Your Majefties Revenue , the Annual Iffaesof Your
Treafure, and the debt charged upon this Crown imon my coming
to the Government ; the Propodtions humbly offered by me, for
the bettering Your Majefties Affairs in this particular, together
with a way of railing a conftant great Rent forth of the Salt, I have
at this time alfo tranfinitted to my Lord Treafurer ; of all which I
befeech Your Majefty at Your belt leifure be plcafed to take a fum-
mary account.
Now I truft the importance and weight of this incloled Di-
fcourle, will recompence for the length thereof, and obtain my
pardon, albeit I preilime thus to prelent it immediately to Your Sa-
cred Hands ; for indeed I take it to be no lefs than the Ground-plot,
whereupon to fet and raife fafety and quiet to this Kingdom, as it
ftands in relation within it lelf, Tecurity and profit, as it is in de-
pendence to the Crown of E;iglaud.
And therefore I do moft humbly befeech Your Majefties quick-
ning Spirit may move upon there Waters, that we may from Your
Direftions receive Life, and from Your Wifdom borrow Light to
guide and condufl: us along in the way we are to take towards the
accomplifhment of fo happy a Work.
God Almighty aflift You in thefe, and all other Your Counfels
and long preferve Your Majefty in full Power and Greatnefs, drc
Dublin Cafllcj
Jax. 22.
As in the life time of the greateft Prelate of this Kingdom, JV/i-
lia.m Laud, Arch-Bifliop of Lmttrh<irv, the Vulgar fort would be
cafting out reflexive paffages againft him ; fo that Libelling hu-
mour was alfo continued after the death of IVilliam Noy the
Kings Attorney General, the -greateft and moft famous Lawyer of
that age ; for after his Deceafe, ( who departed this Life the qth of
Aiig^tifi^ this Year ) Papers were put upon Pofts, reflefting on him,
that his Body being opened there was found in his Head a bundle
of Proclamations, in his Maw Motheaten Records, and in his Belly
a Barrel of Soap.
To the moft Reverend Father in God, Our right truly,
and right entirely beloved Coimfellor, William^ Lord
Arch-Bifliop of Canterbury, Primate and Metropolitane
of all Eiidand.
Charles ^x,
MOST Reverend Father in God, right truty, and right entire-
ly beloved Cotmfdlor, We greet you, well, there {■i nothing more
dear to Vs than the prefirvation of true Religion, as it if now fetled
andt{iabliP}ed inthis Our Kjngdom, to the honour of God and the great
comfort of Our fdves, and Our loyal people ; and there can nothing
. more
0 Carol/.
Sipttmb.
The Kings
Letter ro tlie
Arch-BiHiop
of Canterbury.
214
An. 16^5.
None to be a
Minifter with-
out a Title.
Hifiorical ColleBions.
more conduce to the advmcemefit thereof than the jlri£i obfervation of
fiich Canons of the Church as concern thofe that are to take Orders in
their federal times ; more efpecially of keeping that particular Canon,
i\'hich enjoynSf that no man. be made a Priejt or a Minifter without a
Title : ¥or we find that many not fo qualified., do by favour of other
means procure themfeivts to be ordained^ and afterwards for want of
means ^ wander up and down to the Jcandal of their Calling ; or to get
maintenance fall upon fitch courfes as are mojt unfit for them^ both by
humouring their Auditors^ and other ways altogether unffferable. IVe
have therefore thought fit , and we do hereby ftreightiy require and
charge you to call fuch Bi/hops to you as are now prejent, in, or near
Our City of London, and to acquaint them with this Our Refolution ;
And further, that you fail not in the beginning of the next 'Term to
give notice of this Our Will and Pleafure openly in Our High Com-
mifTion Court, and that you call into Our faid Court every Bfhopre-
(pefiively that pre fume to give Orders to any man that hath not a 'litle^
and there to cenfare him as the Canon afore faid doth enjoy n ( which is
to maintain the Party Jo ordered till he give him a 'litle ) and with
what other cenfure you in 'Jujiice (hall think fit. And Our further
Will is, that nothing ^7 all be reputed a Title to enable a man for Or-
ders., but that which is fo by, the ancient courfe of the Church, and the
Canon haw, fo far forth as that Law is received in this Our Chin'ch
of England. And as you miijl not fail in theft Our Directions, mr
in any fart ofthem, fo We expeft that you give Us from time to time
a ftrici account of your proceedings m the fame.
Given under Our Signet at Our Palace in
Wefiminjh'r., the 19//7 day of September y
in the ninth Year of Our Reign.
In purfuance of this Letter, the Arch-Bifliop of Canterbury writ
to the leveral Bifhops of their refpeftive Biocefles, to pray and re-
quire them , that at all times of Ordination, they be careful to
admit into Holy-Orders none but fuch men as for Life and Learn-
ing are fit, and which have a Title for their Maintenance, according
to the Law and antient Practice of the Church ; and the Arch-Bi-
fhop declared what fhall be a Title according to the Canon, which
thefe perfbns Ordained rnuft have.
1. A Prelentation to fbme Ecclefiaftical preferment.
2. Or, A Certificate undoubted , that he is provided of fbme
Church void there.
5. Or, A Grant of (bme petty Canons Place, or the like, in a
Cathedral or a Collegiate Church.
4. Or, A Fellow, or in the right of a Fellow, in fbme Colledge
in Oxford or Cambridge.
5. Or, A Condud: of Chaplain in fbme Colledge in Oxford or
Cambridge.
6. Or, A Mafter of Arts of Five years flanding, living at his
own Charge in either of the Univerfities.
7. Or the intention of the Bilhop that Ordains, fhortly to admit
him to fbme Benefice or Curates place then void.
And
H/florical Colletfions.
21
5
And I think tlie Canon intends, that after a Man is once admit- 9 Caroli.
ted a Curate, th^ Parlbn or Vicar of the Place fliould not have
power to put them oif at pleafure, but only for fiich criminal
Qnworthinefs as might deprive him of his Benefice, if he Iiad
one.
By reafon of thefe ftrifl: Rules, no Le6lure whatfbever was ad-
mitted to be a Canonical Title, and (ball Ordinations of Minifters
to fiipply Lectures M'as totally fecluded ; alio no Chaplainlhip to
any Noblemans Family was allowed to be a fuiRcient Title,
/« rk' Mow/-/; 0/ February, in Hilary T«n«, upon an Inform
rnation in the Star-Chamber againjl Sir David Fowlis, Sir
Thomas Lay ton , and Hemy Fowlis Ejcij DefendaiW^,
the Caitfc dime to Hearing.
The hiforjudtion being opened to the Court was to this ejJeH.
^'^Hat whereas feveral Commiffwns had iffued lately out of His Sir vtroU
Majefties Court of Exchequer in the 6th, fth, and 8//^ Tear of qudiioned'ia
His Majefties Reign, direfted to the Lord Vifcount Wmtworth, and the st^r-
to divers other Lords , Knights , and Gentlemen of the beft and ^^'■^^^'''
principal Rank and Quality in thole Northern Parts, who were
thereby Authoriz'd for the more eafe of the Qonntry , to Treat,
Commune, and Compound with all and fingular his Highnels's Sub-
jefts of the City and County of Tork, and other Northern Counties
therein particularly exprelTed, as would make Fine with His Ma-
jefty tor their Contempts in not attending His Majefties Corona-
tion, to have taken the Order of K^Mlghthood, as they ought to have
done ; and the laid Lord Vifcount JVefitivorth was by expreis Letters
from His Majefty in that behalf fpecially appointed to be CoUeQior :
And albeit the laid Sir David Fowlis had received many Gracious Fa- 1
vours both in Honour and Profit, as w^ell from King James, as His
now Majefty, which might juftly have incited and ftirred him up
to all dutiful and grateful Thankfulnefs for the fame ; neverthelefs
the faid Sir David Fow/zs moft undutiflilly, and ingratefully, did
not regard the fame , but harbored fbme fecret difcontentment,
and ill affeclion in his Heart : for whcn-as the faid Lord Vifcount
lVe'/2t-vort!j^ 2nd other His Majefiies Cominifjiomrs, carefully and du-
tifully intended the due Execution of His Highnefs's faid Commif-
fions, and had by vertue thereof fummoned, and given notice to
R.ahh E vre, Jawes Pennimxn Efquires, and fundry others d\\'elling
and inhabiting near unto the faid Sir David Fowlis, to attend the
laid Commiffioners at the laid City of Tork, for their Compound-
ing for their faid Fi^.es of Hymghthood ; the laid Sir David Fowlis
moft undutifully endeavoured and praftifed what he pollibly could,
to onpofe His Mtjcflies Service th.erein, and to diftwade and divert
perfbns from Compounding with the faid Commiffioners, and many
times publicklv declar'd his diflike and difaffeflion of, and to the
faid Service, which was generally obferv'd and noted throughout
the Country wliere he dwelt: which was by him fb fpoken of in-
tent and purpofc, to caufe Men to forbear and refrain Compound-
ing, or refbrting to the laid Commijfioncrs^ to make any Compofi-
F f
tion
2l6
H/ftorical Colleciiom.
tion for tiicir aforelaid Contempts ; and thereby animated and in-
coin-agcd fundry perfbns to ftand out , and refufe to make any Com-
pofition at all, who otherwife would have Compounded with the
faid Qonmiiffiontrs for their faid Fines oi Contempt, in not attending
at His Majtjlies Coronation to take the Order of I\>-J!(>htljDod^ as a-
forcfliid. And in farther prolecution of his ill affeftion, and to
fliew his diflike of the faid Service, and the more fully to exprefs
and manifeft himfelf, and his defire for the hindrance thereof; he
the faid Sir David Fowlh, at a Publick Meeting, at the Houle of
the faid Sir Thomas Layton, in the beginning of the Month of Ju/y
1632. did, in divers of his Conferences with Gentlemen concern-
ing the Compounding with the faid Lord Vifconnt^ and the other
Commiffioners for their Fines and Contempts of l\/2i'zhthood, pub-
lickly affirm and fay ; ' That Tork-(jjire Gentlemen had been in time
' part accounted and held ftout-fpirited Men, and would have ftood
' for their Rights and Liberties, and were wont to be the worthiefl
* of all other Shires in the Kingdom. And that in former times all
' other Shires did depend, and would direfl: all their great Aftions
'by that Country. And that other Counties, forthemofl: part,
' followed and imitated Tork-/Jjire : but now in thefe days Torh-fljire-
' Men were become degenerate, more daftardly and more cowardly
* than the Men of other Counties, wanting their wonted Courage
* and Spirit, which they formerly ufed to have. Which faid Words
and Speeches the faid Sir David Fowiis then ufed and uttered pur-
pofely, to dilTwade and difcourage perfbns from Compounding for
the faid Contempts and Fines for Kjii^hthoody asaforefaid. And
the more to encourage thofe that ftood out, and refiis'd to Com-
pound , the faid Sir David Fon-Us, at the fame time and place, ex-
tolPd and highly commended one James Maleverer Efq; for denying
and refufing to Compound with the faid CommiJJioners for his Fines
oi lyni^hthood, and faid '■, ' That the faid James Makverer was the
' wifeft and worthieft Man in the Country ; and that he was a
' brave Spirit, and a true Tork-(hire-man ; and that none durft fliew
* himfelf ftoutly for the Good of the Country , but the faid Mr.
' Maleverer^ and was to be Honoured therefore. And did very
much commend him, both there, and at other places and times,
for not Compounding. And the faid Sir David Fo<rlis being then
told, it might perhaps prove more chargeable to the faid Mr. Ma-
leverer^ for his wilful ftanding-out in that manner ; the faid Sir
David replied , That the faid Mr. Maleverer had put in his Plea
' thereunto, and would eafily procure his Difcharge, both of the
' Fines and Ijfi/es. And in truth he had Pleaded in His Majefties
Exchequer an infiifficient Plea, and after fuch time as he had paid
I 56 /. for I[fites^ at laft he compounded for his Contempt. And far-
ther to difcourage and hinder Men from Compounding ; The faid
Sir David Fowiis then alfo alledged ; That in other Counties and
Shires they had not advanced their Fines of ]\jii<rhthood fo high, as
was done by the Commiffiomrs in Tork-Jhire^ drying , that there
were many in Buckingham-jjjire and Oxford (Jjire^ who did utterly
refufe to Compound : and tliereujion llie\". ed fortii a Lilf or Paper
of the Names of fundry Perfbns of thofe Two Counties, that fb
refufed to Compound. And the fiiid Sir David Fo vUs taking no-
tice of Mr. EwreS, and Mr. Pennynmis Compounding with the
Co}y>-
t-i
iflorical CollcBiom.
Commiffiomrs, blam'd and reprov'd them for lb doing, faying , 'I hat
they had hy Compottadiyig done thcmjtlvts f:nne wroHg , afid that ih-
Country hereafter would be much troubled with fich Impositions. And
the faid Sir David Fowlls farther, to beget and draw a general dilb-
bedicnce in the Hearts of His H;ihnefs's People, and to caufe them
to deny and refufe to Compound for their Kjnghthood-iines with the
laid Commiflioners, and to draw' a (candal upon the (aid Lord Vif
count Wentworth., and to bring him into dilefteem in the Hearts and
Minds of the Gentlem-cn of that Country, publickly faid and pre-
tended ; ' That the People of Tork-(J>ire did adore him the faid Lord
' Vifcount IVentivorthy and were ib timorous and fearful to offend
' his Lordfliip, that they \\'ould undergo any Charge, rather than
' difpleafe him ; and that his Lordfliip was much refpefted in Tcrk-
' fJjire, but at Court he was no more refpefl:ed than an ordinary
' Man ; and that as fbon as his back was turn'd for Ireland^ his
' Place of Prefidefit(1)ip of the Council would be beffowed on ano-
' ther Man. And the faid Sir David Fnnlif, and the Defendant
Hefirj Fowlrs did, about the beginning o^ July 1652. and at other
times publickly, in the hearing of fundry Knights and Gentlemen,
to the end to hinder His Maj (lies Service, and to render the faid
Lord Vifcount Wentworth odious to the Inhabitants of Tork-fJjh'c.,
and the Places and Countries where he was employed as a Com-
miflioner, molt falfly and untruly fcandalize and wrong the faid
Lord Vifcount Wentrvorth, to have received much Money of the
Country for Kf^ighthood-fints ^ by vertue of the aforefaid Com-
raidion ; and that his Lordfhip had not paid the fame, either to
His Majefiy, or the Exchequer. The contrary whereof did plainly,
clearly, and evidently appear by the feveral Tallies and Conflats,
which were produced and fhewed in open Court, teftifying that
the Lord Vifcount ]Ventworthh2id, a year before the fpeaking of
thofe M'ords by the faid Sir David, and his Son, paid unto His Ma-
jefl/es Receipts for fynicJjthood-Fines the Sum of 24500 /. befides
other A'^gnraents by his Lordfhip disburled about the faid Service,
amounting to about 700 /. of his own Money, and more than he
had at that time received for His Majefly. And the faid Sir Da-
vid Fowlis, and Henry Foivlisy moft fallely and maUtioufly, not on-
ly to the Icandal of His Majpfly and His Juftice, but chiefly to wrong
and flander the faid Lord Vifcount Wentworth, reported, gave out,
and affirmed in the Prefcnce of divers Knights, Gentlemen and o-
thers, that when the laid Lord Vifcount IVentwortb was gone into
IreLwdj all fuch as had paid their Fines to his Lordfhip, although
they had his Lordfhips Avcquittance for the fame, yet they would
and fhould be forced to pay the lame over again to His Majpfiies ufe.
And the Defendant, Fhomas Lxyton, caufed his Officer and Bailiff
to levy about 39 /. Jjfues upon the Goods of one Mr. IVivel, who
formerly Compounded and paid his Fine for K'nighthood, and liad
his Lordriiips Acquittance for the fame ; and that Complaint had
been made to the Council at Tork, in the abfence of the laid Lord
Prejident, that the faid Sir Thomas Laytorts Officers or Bailiff^s had
by his privity exaGed and taken 40 s. worth of the faid JVivePs
Te'nants Goods, by colour of the faid Levy, for fb levying of the
faid IJfues, whereby the faid Council conceived, that the fame would
much crofs and oppofe His Majefiies faid Service, and the Exa6lion
F f 2
was
2 17
9 Carol!.
ai8
Hiflorical ColleEfions.
An. 163^
The Anfwer
of Sir Du'jid
FowUs,
was meet to be punifhed : and therefore did award, and fend the
KJn^^s Letter to the faid Sir Thom.ts Layton (being then Hi^h-
Shtriff for the County of Tork ) for to appear, and anfwer an In-
formation Exhibited againft him, and his Servants, for fuch their
fuppofed Exafti ons in that behalf, as was lawful for the laid Council
to doi and caufed the fiiid Sir Thomas Layton to be ferved therewith,
who immediately fliewed it to the laid Sir David Fovlis : Then the
faid Sir David Fowlis thereon took upon him in a great Prelence
and Affembly of divers Knights and Gentlemen of the County
( himlelf being then one of His Majefties fu^orn Council in the laid
Northern Parts, one of the Deputy-Lieutenants there, and a "Jnflice
of Peace in the North-Riding., where he then dv/elt ) to advile and
dilTwade Sir Thom.ts Layton to yield obedience to His MajefHes Let-
ter, which this Court held to be a great Contempt, and Offence ;
for that he faid, that he held it not fit, that the laid Sir Thomas
Layton, being High-Sheriff^ fliould appear and anfwer the laid Let-
ter, before he had acquainted His Majefy firft therewith , and
known the King's Pleafure. The laid Sir David laying farther,
( in Icorn and contempt of the laid Court and Council, whereof
himlelf was a Member, and by his Oath bound to maintain and
uphold the Rights and Liberties thereof to his uttermoft ) ' That
* the laid Court was a Paper-Court, and the faid Lord Preftdent,
' and Council, had done more than they could juftifie, by fending
' for the faid High-Sheriff-, and that, if he were in the Sheriff
* cale,he would not care a Dog'sTurd for them.And the more to draw
the Council into dilefteem and difrelpeft in thole Parts , he the
laid Sir Davtd then alfo faid , That the laid Council had nothing
to do with a Juftice of Peace ; Ipeaking withall comparatively,
That the Office of a Juftice was above the Council at Tork ; the
one ( meaning a Juftice of Peace ) was by kdi of Parliament, the
other ( meaning the Court at Tork ) was made but by Commif-
fton. And alfo the laid Sir David being reprov'd by fome Gen-
tlemen there prelent, who much difliked his Difoourle , yet he
anlwer'd, He car^d not who heard it, nor if it were proclaimed at the
Crofs.
To this Information Sir David Forvlis made this Anfwer ; * That
' he hath been fo far from oppofing the Commiflion concerning
' Knighthood, as that he hath, according to his Power, advanced
* the laid Service ; and that he did perfwade fames Maleverer, and
' others to fubmit to the Commiffioners, and Compound for their
* Fines. That he did perlwade Sir Thomas Layton to appear before
*■ the Lord Wentworth, and the Council, upon the Ring's Letter, and
' denieth the words charged upon him. He confeffeth he did lay,
' that he knew not how His Majefty would take it to have zHigh-
' Sheriff Committed , and difgraced for executing His Majefties
' IVrit : and confeffeth, that it appears by the Information, that
' Mr. JVivel had made his Compofition for Knighthood, and that he
' receiv'd his Acquittance ; neverthelels Procels was awarded out of
' the Exchequer for levying Iffues, amounting to 50 /. or thereabout :
' whereupon this Defendant did lay, That if the Lord Wentworth
' had paid in all the Monies he had receiv'd, he might have done
'well to have taken order, that thole who had paid their Money
to
Hiflorical ColleBiom.
219
' to Iiim, fljould be free from any trouble, and not be compeird to
' niake double payment.
S^
F-Ienry Fowlis Pleaded Not Guilty.
Ir Thom.ts I^yton for hinifelf faith ; ^ That a Letter was fer-
ved upon him from the Lord Prefident and Council, he being
then Hi/h-Sheriff of the County, doing matters in the execution
of his Office ; and that before he was in any Contempt, he was
within Three days Arreted by the Purfivant attending the Court,
and by him carried Prifbner from his own Houfe to the ^lid Coun-
cil^ about Thirty Miles, and there remain'd in the Cuftody of the
faid M jfcnoer^ till he had anfwer'd an Information there preferred
againft him, and Interrogatories concerning the lelf-fanie matter
now charged upon him ; and before he was difcharg'd, paid tlie
faid Wivelxhc Money levyed by vertue of the Procefs, andalfb
paid 40 s. more, which ( as was pretended ) Jpplthji^ the Bailiff
exafted from the faid FFruel.
' During all which time of this Defendants reftraint, he was
High-Sheriff of the County of Tork, of all which he defireth a Con-
fideration might be had ; albeit he might juftly Plead the De-
pendence of the Suit at York, yet he doth wave the fame : and
doth deny, that if the faid_ 40 s. were exaded by the faid Bailiff,
over and above the 39 /. levied upon Mr. VFivel^ that the fame, or
any part thereof came to this Defendant.
And it plainly appeared to this Honour die Court ^ by good and
fufficient Teftimony then openly read ; that all the Particulars be-
fore mentioned, wherewith Sir David Foirlis ftood charged by the
Information , were fully proved againft him .- whereupon the
Court, upon grave and deliberate confideration of all the aforefaid
PremiiTes, declared ; That the faid Sir David had many ways endea-
voured and fought to opjiofe His Afajefies Service ^ and had with all great-
ly and highly thereby fcandaliz^d His Majeffy, who had done him Co
many Gracious Favours, and affronted His Service:, and had unjuflly
traduced His Majeffies Commiffioners, and great Officers of State and
jjjewed exceeding ?nalice to the Lord Deputy : And the faid Sir David
fpeaking thefe words charged upon hifn^ to deter His Majeffies Subiefls
from making Payment of their Fines to His Majefttes Receiver, for
l^nighthood-ynony : And that the Court duly weighing and confiderino
the hainoufmfs of the faid Defendant's Offence therein, and declaring the
fame worthy of fever e and extraordinary punifljment, ordered :
That the faid Sir David Fowlis, being a principal Offender^ fjall
ffand^ and be Comtnitted to the Fleet, there to remain during His Ma-
jefties Pleafure ; and that he ^j all pay a Fine of 5000 1. to His Maje-
ffies ufe ; and jh all alfo pnblickly acknowledge his great and feveral Of
fences^ both to His Majeffy^ and the faid Lord Vtfcount Wentworth ;
not only in this Court, but in the Court of York, and likewife at the
open Affizes in the ftme County, where this Decree (Jjall be publickly
read. And farther ; That the faid Sir David Fowlis is a perfon al-
together unworthy of the Places he holds, as one of the Council of
York, Deputy-Lieutenant, and Juftice of Peace, who hath breathed
out
9 Caroli.
Sir Tmmas
LiytotCi De-
fence.
The Judg-
ment of the
Court.
2 iO
Hiftor/cal Colletiions,
Mr. Vrwri's
Caufe ill the
Star-Chdmb.r.
out fo much FaFtton ^nd D //obedience ; and for that he fought and , cn-
dcdvoured to drav difefteem and fcandd upon that Court , whereof h^
himflftv.ts a Member, and upon the principal Officer and Member of
the fid Court , the Lord Wentworth , a Nobk Perfon of fingnUr
nwrth and merit, and' worthily employed in a matter of greateft '[rn[t
and Importance. The Court hath therefore ordered and adjudged^ That
the faid Sir David Fowlis (Ijall^ from henceforth, ^e held, and mide
incapable to have, or execute any of the faid Places', and that he fljatl
pay good Damage to the faid Lord Wentworth, Relator in this Court y
whom this Court highly commended for vindicating His Majejlies Ho-
nour ^ in fuch A Service of fo undoubted R'ght, jufily appertaining to
the Crown, and which hath been heretofore taken by many Kjngs, Hi^
Majefiies PredecejforSy conjlantly and fucceffively : their Lordfloips ge-
nerally condemned the faid Sir David therefore ^ and for the hafe and
fcandalom Report ^ that he fo publijbed againfi the J aid Lord Went-
worth, ordered and decreed. That the faid Sir DciVid Jhould pay ^oool.
to the faid Lord Wentworth.
And touching the Defendant Henry Fowlis, the Court likewife
thought him worthy of Cenfure, and ordered and decreed, That
he fliould ftand Committed to the Fleet, and pay 500 /. Fine to His
Majefties Ule.
And forafmucli as the Council urg'd no Proof againft Sir Thomas
Layton, they difiniffed him from any farther attendance.
This tear alfo, in Hillary Term, a Caufe came to Hearing in
the Court of Star-Chamber, wherein William Noy Efj;
The Kjngs Attorney-General y T taint iff ; William Prynn
Efq y Michael Sparkes , William Buckner , ami others,
tpere 'Defendants.
* I "^He ']th of February Mr. William Prynn, utter Barrefter of Lin-
I coins-Inn, was brought to the Star-Chamber .^Q)2,z\}i\^-i with Mi-
chael Sparkes, William h.:ckner, and four Other Defendants, upon Mr.
Attorney A^oyes Information, which being opened by Mr. Hudfono^
Graves- Inn, did let forth, That about 8 Car. Reg.Mr. Pry;?;? compiled
and put in Print a Libelous Volame,Entituled by the name of Hiflrio-
mafix againft Plays, Mafques,Dancings, &c. And although he knew
well, that His Majefties Royal (^wtn. Lords of the Council, 8cc. were
in their publickFeftivals,and other times,pre(ent Spectators of fbme
Mafques and Dances, and many Recreations that were tolerable,
and in therafelves finlels, and fo publiflied to be, by a Book printed
in the time of His Majefties Royal Father : yet Mr. Pr-nn in his
Book hath railed, not only againft Stage-Plays , Comedies, Dan-
cings, and all other Exerciles of the People, and againft all fuch as
behold them ; but farther in particular againft Hunting, Publique
Fcfttvals, Chri(lm.is-keeping, Bonfires , and May-poles ; nay, againft
the drefting up of a Houfe with Green-Ivy -. and to manifeft his
evil and mifchievous defign in publifliing of this Libel, he hath
therein written divers incitements,to ftir up the People to difcontent,
as
Hi ft or /Cell Colleclions.
as if there were juft caufe to lay violent hands on x\\c\x Prhjce.;
and hath exprelTed in many Speeches againft His Maiefty, ar.d His
Houfliold, infamous terms iinHt for ib Sacred a Perlbn. He hath
call an afperfion upon Her Maielly the Qnei-n, and railing and un-
charitable cenfnres againll all ChrifVian People. He hath com-
mended all thofe that are faftious perfbns, that have vented any
thing in any Book againft the State^ as the factious Book of Dr.
Ltighton , Jo. Mariam a Jefidt^ to draw tiie People frorn His Maje-
fties Government, whicK is of a moft dangerous conle^uence to
the Realm and State. His Boy/t is of above looo P^ti^ej ; and he
dealt with one iMich.tti Sparkes for the Publi{liing,Licenfing,and Prin-
ting thereof, who is a perfbn that is a common Publiflier of unlaw-
ful and unlicenfed Books ; and dealt ahb with Mr. Buckler, ano-
ther Defendant for the allowing of it for the Prefs ; and with the
other Four Defendants to Print part of it, and Publifli the fame :
and by this means this Volume was allowed and publiflied, to
the great fcandal of the whole Realm ; and to have this punifh-
ed according 10 the demerit of the Caufe, is the end of Mr. Jnor-
ney^s hiformation.
Mr. Atkins of Lincolns-Inn ( afterwards a Judge in the Court
of Common-Pleas ) opened Mr. Prynii's Anfwtr ; md
Pleaded^
That he the faid Mr. Prynn, taking into his ferious Confidera-
tion the frequent refort of fundry Ibrts of People to common Stage-
plays about the City of London ; and having read divers Councils,
La rs and Statutes of this and other Realms, againft the frequenting
of common Stage-plays, and the Judgment and Opinion ot feveral
Divines, and other Ancient Authors, and divers Englijh Writers
allowed by publick Authority, and his own Judgment running
M'ith thofe ; not intending to refle£t, or to have relation to the
Kj»^-, ^een, State., or Government., or your Lordfllips, did about
Seven years ago compile this Book Entituled Hiftrio-maflix ; whicli
is no more but a Collection of divers Arguments and Authorities a-
gainft common Sta^e-Plays. That about Four years fince he did
commit the i^Amc to M/chael Sparkes, one of the Defendants, to be
commended to f'ach Perfbns as then had Authority to Licenfe
Books for the Prefs. Sp.trkes did carry it to Mr. K.i^g-, belonging
to the late Arcli-billiop o^ Ca-/iterbiiry; and before he had perus'd
this Book, Mr. Buckner had Authority to allow of the Books to the
Prefs : Sparkes brought this Book to Mr. Buckner, who kept it by
him Three Months, in which time he did fully perufe it. In the
interim, he gave part of the Book to Sparkes to print, and kept the
reft till he had perus'd it, and faid that he fliouldhave that alfb to
the Prefs. hi October following he carried this Copy with the Li-
cenfe, and caufed them to be entred into Stationers-Hall., and did
Compound with thofe that had Authority for the Printing of this
Book. It was printed publickly , and not fecretly ; and becaufe
there were fbme of tlie Copies dole written, he caufed thofe to
be brought again to perufe, to the intent that he might not be de-
ceived in them ; and as he faw caufe, correfted them accordingly.
That in E^/c^r Terw was Twelve-month, the Epi file, and the whole
firft
22 1
9 Caroli.
Mr. Prynn's
Anfwer in
Star-chamber.
222
Hifiorical Colle^dons.
firft part of the Book was printed ; and he had time to examine it
between Eafl-tr Term and '[rinity^ and then lie did make fiich Al-
terations as he law caufe, w'c. in Pa^^t yn. &r. and afterwards the
Second Part, and Two Sheets of the hidix of the Book wzs likewile
Printed, and thefe were likewife brought to Mr. Bnchner ; fb that
the whole Book, with the Index, was bound up about Cbrijt-m.ts fol-
lowing, which was Chriflm.ts was a Twelve-month. Mr. Buckmr
fent tor Mr. Brynn, and the Stationer was defirous that the Book
might be Publifhed, and that lie might lend fbme Volumes to him;
but Mr. Buckner laid he could wifli the word ( Pity ) in fuch a Page
might be left out, and I wifli with Mr. Buckner, that Ptty may be
added to every Page of the Book. So when Mr. Prynn faw all this
from him, that had Licence to allow Printed Books, he conceived
it a fufficient Warrant for his Proceedings. And for that which is
alledged in the Information of Mr. Prynn s commending Dr. Leigh-
ton, for which the Dr. receiv'd a Cenfure in this Court, in the
Quotation whereof, viz.. his Book, and of others, he adhereth to
their meaning (b far as, and wherein they are agreeable to the Law;
and this Book was printed long before Dr. Leighton was queftion'd
in this Court. And as for encouraging of others to be faftious or
feditious, he faith upon his Oath, That he was fb far from Difloyal-
ty, Schifin, or Sedition, or negled of the ]\ing, State, or Govern-
ment, that he hath with much Joy, Cheerfulnefs, and Thankful-
nefi to God, ever acknowledged his, and the rell: of the King's
Subjefls Happinefs , by the Peace we have under His Majeflies
happy Government ; and this Anfw^er and Intention is fincere,
though other conflruftion be made thereupon. He faith he hath
taken his Oath of Supremacy and AHegiance in the Univerfity and
Inns of Court, where he hath taken his Degrees. That it never
came into his thoughts to approve of Schifin or Sedition : and if
any thing in his Book, contrary to his meaning, hath a mif conftru-
ftion towards His Majefties Government, State, oryourLordfliips,
he doth proffitute himfelf at His Majefties Royal Feet, and crave
Pardon and Grace. And he doth appeal to your Lordfhips Inter-
pretations of thofe Parts of his Book ; and doth M'ithal defire your
Lordfhips favour, and to take it into your Confideration, that he
hath been a year Prifbner in the Jower : and this is the fubflance of
his Anfwer.
Mr. Jenkins of Grayes-Inn opened the Anfver for Tour of the
Defendants.
Firft, for the Poor Widow he faith, for any manner of combina-
tion, or knowledge of this Book, or of the Contents of it &c. flie
knoweth nothing. For the rell, they all fiiy, they being Illiterate,
were not able to judge, whether it were Ht to pafs the Prefs, or
not ; That the Book was Licenfed to be Printed, allowed after it
was Printed, and before it was Publifhed, and it was Entred in the
Stationers-Hall, and the Warden there allowed and fubfcribed it
to be a Book paffable. The Book hath been Three years in rlie
Prefs. All this time was fpent before it was printed : there were
Searches made during this time, and they came unto the Prcls.
They Etw the Book there inapublick way, and not in Corners, or
^ privafe-
J'iiflorical ColleBions.
2?
privateh' Printed, as is alledgcci in the Information ; and it was
Printed and PubliilieJ, and lome of the Books fold bv Sp.trhs : and
Sparkcs faith the Printing; of- this Book colHiim ahnofljoo/. and
faith upon Iiii Oath lie fold not many Books.
And for the Charge upon him of bein-r a common Printer of unlx^v-
f::l Bojfjs , he faith, he hath profpered in his CaHing; and fbme
otiier Stationtrs having an Eye upon him for liis thrift , liavc
envied him in pubUfliing of Books \ and leaveth it to my Lords
the Bifliops, to know what fuccefs lie hath had in the High-Com-
miffion.
Mr. Light foot of Grays-Inn openCd Mr. Bucklers Anfwer.
He faith., that he was Ch.tpLtin to the late Arch-Bifhop of Cm-
terbnry^ and doth approve of the Church without any fcruplc, and
of all the Ceremonies of England. Church-mullck he doth allow
of ; bowing at the Name of fi^ftM : Plays, Muiick and Dancing, he
doth efteem them juft and lawful. And for thofe Cenfuresagainlt
Ecclefiaftical Perfbns in tliis Booli\ he doth, and ever did abhor and
deteif them. He confeifetii he Licenfed part of the Book, but ne-
ver gave order to difperfe the Book : but when he heard it was pub-
liihed, he did endeav^our to fupprefs it ; and to the reil of the In-
formation pleadeth AV Quilty.
Ihra Mr. Noy Attorney-General J^.ike as followeth.
This Volume of Mr. Pry;?;?/ is written by himfelf without the help
of any man. There are paffages in it that reflect upon the King,
State and Government, &c. other things refleft upon the Church
and Clergy ; but for that there is no Charge in the Information ,
which I did conceive fitter to be left out, and withal I received a
Command for the fame : therefore finding the Church fb deeply
wounded bv Mr. Prvn/?, I do leave Her to avenge Herfelf of him,
and to inflift fuch punifhment on him as he deferves. I fliall be
an humble fuitor to the Court, that they would be plea fed to
commend the profecution of thofe things that concern the Church
to the High-Com?wfrinn. There are divers particulars wherewith
he is not charged within the Information by way of Crime, and fb
it is not proper now to bring him into queftion for them : as for
mentioning of Ceremonies, &c. of Dedicating P^///'s to Dima \
of the Diicipline of the Church ; the complaint of new-ereGed
Altars. I wonder what Altars he means , I hope the Church will
examine him in due time ; as alfb who he means by his Modern In-
novators in the Church, and by Cringing and Ducking to Altars ,
a fit term to befirow upon the Church ; he learned it of the Can-
tsrs, being ufed among them. The Mufick in the Church, the
charitable term he giveth it is , Not to be a Noife of Men, but
rather a Bleating of Bruit Beafs ; Chorifttrs bellow the Tenor., as it
were Oxen ; bark a Counter-point as a I'yf.nnel of Dog^s ; roar out a
Treble., lilcc a fort of Bulls ; grunt out a Rr/P, as it were a number of
Hogs : his complaint for fuppreJTing Repetitions by way of Con-
venticles ; alfo his general Cenfure of all the Bifhops, and of all
tlie Clergy ; they fcorn to feed the I^oor ; the Silk and Satin Di-
G g i''n°s :
9 Caroli.
Mr.',Vr)> pleads
againft Mr.
Prpm.
224
Hifiorical ColleBions.
An. 1633.
njints', very charitable terms upon tliem of the Cliurch ! CJjrifl-
m.t'S., as it is kept, is a Dciuls Chrijtw.i' \ nay he doth befrow :i
great number of pages to make men affeft the name of Pi/rii-^.^, as
though Chrift were a Purkaf?, and fo he fiiith in his Index. Then
concerning the Images in tlie Church, he fpeakeih againft them,
and putteth that now in Print, which was contained in an Anfwer
in this Court. Alfo for the Sahhath-daj., whether to begin on 6'.?-
turdav nighty and end on Sunday at fix of tlie Clock. Thefe are
things proper to the examination of the Church ; and whatfoever
becometh of the reft of the Caufe in this Court ; yet I commend
thefe things to the Confideration of the Church. I wonder ^hat
the man means to bring thefe things under the Title of Stage-
PUytrs ; Pluralities under the Title Stage-Players. He had ah end
in it ; he had an end in it.
Now concerning the Book
itfilf-
This Book, laid Mr. Noy, it is the witnefs, it dotli teftifie what
was his intention, and by' the Book he is to be judged. If it had
been found in the Street , and of \>Ax. Prvnns Compiling , and
brought to this Court, and confideration taken of it , the Court
would proceed without a Party againft Mr. Prvnn. And here
Mr. Attorney recited a Precedent of one that M'rote a Booh, and it
was brought to the Council. It M'as demanded who was the Ac-
ciifer ? Anflver was made, the Bonk was the Accufer. Shall the
Heretick gounpunifhed ?This Book it is Mr. Prynns doing, he doth
put his Name to it, he fwears that he did write it all.
Then for the time of Compiling it ; feven or eight years ago it
was Compiled, and is grown feaven times bigger than at the firft.
Mr. Prynn about eight r^ars fince fliewed it to Dr. Goade., who told
him fo good caufes of dillike, that might make any reafbnable man
give it over. About ieven years ago he came to Dr. Harris to de-
fire his opinion of the Book ; and he told him it was unfit, and
unworthy to come to the Pref. In the ParUament-time, before
the year 16^0, he gave Ibme part of it to be Printed; but it came
not to Mr. Buckner long after. Sparks laid he would Print any
thing in Parliament-time.
Now we are to Conjider tn-o things, from the frfi Compiling and
Printing of this Book, to the lafi.
Firft, how it grew in Volume ; for after it was delivered to the
Pre//, it hath grown up with divers things, which then were im-
polfible to be known at that time, when it was delivered to the
Prefs ; which appeareth by this. In 1628 was the Parliament,
and in 1631 St. Georj^e began to look abroad into the World. This
man beftoM'S eight whole pages upon St. George, for being ib bold
to look out. He faith, that St, George the Arrian was a Cappadoci-
an, though born in Cilicia, a Part or Province of Cappadoda, Sfc.
and that St. George his Advocate was an Engl/fbman born in Glo-
cefter ', and that St. Bafil the Great w^as Bifliop of Ctprea in Cappa-
docia, the Native Country of St. George the Arrian. Certainly he
could
H ifi onCiil Collc&iouf.
lO.'y
O
i could no? tell that St. Ce^r^e would then remove himlelf abroad,
or in the County of Gloaftir^ &c. at that time : but tliis man did
go on according to the occafion in 1628. A Woman 1628 afted a
part of a Stage-play, TitBl.tck'frkrs ; he Ipends' many pages about
this.
We all know what time the Dearth was, three years ago, he ta-
kcth occafion not to pals it over. He maketh a long Dilcourfc of
Playcsy Mdfqncs, S:c. in the Inte penurious times, how they were
as expenceful as the Wars were. This is to fliew how by pieces it
did grow bigger from time to time.
All Staoi-i'ldycrs he terms them R.ogues .- in this he doth falfify
the very Jf^ of Parliament, for unlefs they go abroad they are not
Ro'Tftcs. The fame term he giveth unto Scholars Afting. Mr. Pry^/r/
had a purpole, not only in this to fall upon Stage-Inlays, but upon
the Body of the Common-Health, and to infufe it into mens minds ,
that we are nov/ turning into Pagan' fm and GemiVf^-n. He falleth
upon thofe things that have not Relation to Stage-plays, Mufick,
Mufick in the Church, Dancing, New-years-gifts, whether Witche-
ry or not? Witchery, Church-ceremonies, &c. indiftinftly he fall-
eth upon them ; then upon Altars, Images, Hair of Men and Wo-
men, Bifliops and Bonfires. Cards and Tables do offend him, and
Peruques do fall within the compais of his Theme. St. George ne-
ver offended him ; but all this is to the end to bring a belief among
the people, that we are returning back again to Pa'^anifm. His
end is therefore to perfwade men to go and ferve Cod in anotlier
Country, as many are gone already, and fet up new Laws and
Pliancies among tliemfelves. Confider what may come of it.
It may be fit enough and lawful to M'rite againft Plays, by men
that have a Million ; and they muft do their errand in mannerly
Terms, and in the fame Terms, as other men expeO: to bear with
them.
Mr. Prynn had no Mifliion to meddle with thefe things, to fee
whether men fhould not return to Ger.tiUfm ; the Terms which he
ufeth are fuch as he finds among the Oyffer-Women at B.'lhi^gsgate^
or at the Common Condudit. He hath raked up all the vile Terms
that could be found.
Now to prove that this is Mr. Prymi's Book, read Mr. Prv/n's Ex-
amination, Inter. 5//? ( which being read, was to this effeft) That
Mr. Prv»n, v>ithout the help of any other, did Write, Pen and
Compile the whole Book, called Hiftrio-maflix , and the Epifile
before the Book, and the L-idex and Table follov»ing.
Now for the publifl-iing of this Book, it doth appear by the De-
pofition of Dx.Goadey that about eight years fince, Mr. Pryn^^id
bring a Book to him inw riting, of about a Quire of Paper, concern-
ing Stage-Plays, to have the fame Licenfed, but he held it unfit to
be allowed ; and doth well remember, that as to his Argument of
the unlawfulnefs for a Man to put on Womans Apparel, he put
Mr. Pryf?n this Qiiefirion ; Suppofe Mr. Pryftn your felf, as a Chri--
ff ian, were perfecuted by Pa^a/2s, think you not, if you did dif
guife your felf in your Maids Apparel , you did well ? Who an-
f^.vered, that he thought himlelf rather bound to yield to death
than to do fb.
Gg
Dr. Harris
9 Caroli.
226
Htftorical ColleBiom.
Noy.
Dr. Harris alfb depofed, that about feven years ago, Mr. Pnf^K
came to him to Licenfe a Treatife concerning ^tage-pUys , but
he would not allow of the fame. So this man did deliver this
Book when it was young and tender, and would have had it then
Printed ; but it is fince grown feven times bigger, and feven times
worfe.
We [lull norv prove when it rvent to the Pre/.
Read Atifiin the Stationer to Interrogatory the 28*^, which being
read, was to this effeft ; That the laid Book called Hrflrio-m.tfiix,
was given to this Deponent, in, or about the laft Parliament, at
whicn time feven Sheets thereof were Printed, at this Deponents
Houft ; which this Deponent fb Printed, at the requeft of Mr. Pryrj»
andiMv. Sparkes't upon Mr. Prynns information, that it was Licen-
led, and that he would bring the hand of theLicenfer untoit :
But this Deponent did refufe to Print any more of the fame.
Read "Jofeph H. to prove that Sparkes would fet upon it unlicen-
fed in Parliament-time to Inter. 26, who faith, that the Defendant
Sparkes did, in the time of the lafl Parliament, Print, or cauf^
to be Printed divers Books without Licenfe ; whereof fbme were
Mr. Prynns^ fbme were Mr. Burton's Works : and this Deponent
hath heard Sparkes fay, he durfl Print any thing in Parliament-time.
Another part of the Charge was managed by Mr. Afafonof Lin-
colns-Inn, reckoning up the number of Epithets, where\\ith
Mr. Prynn had afjjerfed all forts of People ; and he faid, that it
was a Lihel, not only againft the State, but againft every particu-
lar Perfbn ; and proved the Charge by divers pafTages contained
in the Book , Fol. 201 , dfc
Afterward Mr, Nor proceeded in the farther making good of
his Charge againft Mr. Prynn.
May it pleafe your LordjJjips ,
AS he'hath fallen foul upon all Things, all Perfbns, all Sexes ;
upon the Magiftrates, upon the Houfhold of the KJng \ fb he
hath not fpared the KJng himfelf. I am fbrry I fhall have occafi-
on to fpeak any thing of it ; but there is a great deal too much
in his Book. My Lordsy After he hath made all thefe complaints as
intolerable, he falleth upon all indiftinftly, and never taketh upon
him to dilcern to make a diftinftion, that there may be a tolerati-
on, but falleth foul upon every thing, that we are falling into Pa-
ganifm ', men and women are naught : he fpareth not the King
himfelf, but takes upon him to teach a remedy; the remedy is
worfe than the Difeafe. What hatefiil comparifbns he bringeth
with other Princes ? As A^ero ; and fpcaketh of the confirming of
the Treafure of the Realm with Mafques, and of the late penurious
Times; a bafe word ! a declaration of Infamy upon Princes, with
fuch like Conclufions as thefe are. When all this is done, he teach-
eth the Remedy not by way of Precept, but by way of Example ;
invites men to read \fohn Mariana, and two Grav^e Authors more ,
he faith men not cenfured. I am very fbrry I am to fpeak any thing
wherein
Hjflorical CoUeBiom,
wherein t|ie King Ihould be named, but he would not forbear it
when the Pen was in his Hand ; fome of the Words are lb Nafty
that I will not fpeak them.
After Mr. JttGrney-General had fpoken, he ealled for thefepaf
fages, amongft others, in Hifirio-mafiix, to be read, viz.
To his much Honoured Friends, the Right Worfliipful
Mafters of the Bench of the Honourable Flourifliing
Law-Society of Lmcobis-hiH.
HAving, upon myfirH Arrival here in London, heard and ften in
four fever al Plays ( to which the preffmg importunity of fome
Ill-acquaintance drew me^ while I tv.rs yet a Novice J fuch wickednej^,
fuch lewdnejf as then made my penitent Heart to loath, myConfcienceto
abhor all Stage-Players ever fince ; and having then Itkewife obfervedjome
woful experiments of the Lewd, Mifchievons fruits of Plays, of Play-
Houfts in fome young Gentlemen of?ny acquaintance ; mho though Ci-
vil and Chafl at fir ft, beca?nefo Fit ions, Prodigal, Incontinent, debauched
(yea fo far tafl all hopes of amendment ) in half a years (pace or lefi,
by their refort to Plays, where Whores and Lewd Companions had in-
veagled them ; that after many ejfays of their much dejired reformati-
on, two of them were caft off and utterly difinherited by their loving
Parents ; whom I heard oft complaining, even with Tears, that Plays
and PUy-Houfes had undone their Children, to their no fmall vexation,
( a good Caveat for all Toung Students to keep themfelves from Play.
Houfes, by thefe two Toung flers harms. ) Hereupon Irefolved, out of
A dejire of the publiek Goodj to oppugn thefe common Vice-fomenting.
Evils : for which purpofe about feven years Jtncej recollecting thofe Play,
condemning pajfages, which I had met with in the Fathers And other
Authors, I dtgejled them into one intire Written Difcourfe, which having
fince that time enlarged beyond its intended Bulk, becaufe Ifaw the num-
ber of Players, Play-Books, Play-Haunters and Play-TIoufes frill increa-
(ing ; there being above forty thoufand Play-Books Printed within thefe
two years (as Stationers inform me) they being now more vendible
than the clmfefr Sermons ; two old Play-Houfes being alfo lately re-edi-
fied, enlarged, and one new Theatre erected : the multitude of our Lon-
don Play-Haunters being fo augmented now, that all the Antient De-
vils Chappels (for fo the Fathers ftyle all Play-Houfes ) being five in
number, are not fujfficient to contain their Troops ; whence we fee afixth
now added to them : whereas even in Vitious Nero's Reign there were
but three ftanding Theatres in Pagan Rome, though far more fpati-
ous than our Chrtfrian London, and thofe three two many. Hereupon
I firfr commended it, being thus augmented, to the Licenfer, and from
him unto the Prefr, where it hath lingred longer than I did expert ;
which being now at lafr brought forth into the World, in fuch a Play-
adoring Age, that is like to bid defiance to it ; I here bequeath it to
your worthy Patronage, to whom it was firfi Devoted , not caring how
it fares abroad, fo it may do good and pleafe at home.
In
227
0 Caroli'
228
Hiftorical Colle&ions.
An. 16^5.
In the next place Mr. Attorney Nvy caufed to be read out of tiie
Book of Hi(trio-mafiix^ fucli PaiTages, as were fcandalous to
the/C^/>;g and Government, as h'ol. 512, dr.
Mr. Atkins in defence of Mr. Prynn, ftid, That
The Eloquence of thole Gentlemen who argued againft
Mr. Prynn^ made an expofition M'hich was no part of his intention,
in which point he would endeavour to clear him ; and the way was
by letting their Lordfliips know, that many palTages in that Book
are only ReUthuelv fpoken, and not Pojith'c, and moft of them are
bat the affirmations of other Authors of feveral kinds and profef^
fions : as where it is laid, that f/ch incarnate Dtziils as fnqmnt
PLys, &-C. he Ipeaketh by the way of common frequenting of
Plays, left they prove incarnate Devils ; and (b of Ladies that caFt
of their Nature and Modefty , that is relatively fjioken by fre-
quenting Plays, lalcivious Dancing, drc. and when he fpeaketh of
thofe in a continual propofition, his Argument is thus ;
' That which doth ordinarily ( if not always ) defile the Eyes,
^ the Ears, and Souls both of the A£lors and Speftators, by ingen-
' dring, by exciting Meretricious, Luftful, Lewd, Adulterous De-
' fires and Atfeclionsin their Hearts, or by inftigating, by prepa-
* ring, by inducing them to a£tual uncleanneis, muft needs be
'.abominable and unlawful unto Chriftians ; but thele Stage-
Plays, ^(T. therefore they muft needs be abominable. And there
is none but Whores, Panders, or foul incarnate Devils, who dare
control that Minor truth.
My Lords,
He doth not condemn Netv-vears-Gifs, but acknowledges them
to be as tokens and teftimonies of favour and refj^eft from Supe-
riours to their Inferiours; and for dancing, ( under favour) he
doth not condemn it at all ; he hath commended the fame as fingle,
and dancing the Meafares. And for dancing in great men and
Pr/nces, he doth proteft it was far from his thought to compare
thefe times to A'Vrij's, under fb Pious and Religious a Prince as we
have, and by w hom we receive fo much happinefs. That had
been fb impious and unworthy, that he could by no means make
any Apologv; but as well his Perlbnas hisPenfliould have been
deteftable, if hehadm?de any (iich comparifbn.
And where he doth fpeak that Dancing .and Mafquing, have
been near as expencefal as the Warrs, in that he means in Henry
the ^:hs time, and not in thele days ; as I take it, he fpeaks there
of a Hiftorv, that doth exprels the great charge in that time.
I fhall defire, as I did begin in the opening of his AnTwer, that he
may lay faft hold upon the Pvock of the f\in^s Favour and Mercy,
and Companion of this Court ; and what his intentions are, they
are beft kri0\^'n to his own licart, his expreOTions known to your
lordfhips. I cannot condemn his Heart, I ^vill not excule his
Pen.
. This if your Lordfliips will give me leave I fliall fay ; I have
long knov\'n him in a Society of Inns of Court., where he has lived ;
and for his ordijiary difcourfes ( except the matters in this Book )
thev
H/fhrical ColleBiom.
229
they have not been fliclious or feditious. But now he is before
your Lordiliips, truly for my part, I compare him to the conditi-
on of an Aftronornrr^ that fixed his Eyes io mucli upon tlie Stars,
that he did not look to Ivis Feet, and lb fell into a Ditch : for his
Eyes were 16 tixed upon this Subjed, upon the common refbrt to
Staae-PUvcs, and the great abufc that comes by them, that he for-
got to look down to his hand that guided his Pen, which now
bringeth him under your Lordlliips cenfure.
That I may not otfend the patience of this Coyrt^ ( the Court is
full, and the expedation is great ; ) I will conclude with all humi-
lity ,and wifli and crave, ihat he who is the fiipreme Judge, may be
with vour I ordlliips in this matter, and may be over all your good
Thoughts, Judgements and Sentences this day, in this caiife of this
poor Gentleman. And this is all I humbly offer in defence.
The n?xt day of
(pake thus .-
hearing., Mr. Holborn of Cotmcel nuth Mr. Prynn,
9 Caroli
Mv Lords.,
lam affigned Councellor with Mr. Prynn. The information is
for publiiliing in Print a Lib- II ox Fokme oi Libe.'ls againft /C/>f,
Queen, State, crc. My Lords, for Mr. Pry/?;?, he doth humbly caft
himfelf at your Lordfliips Feet. For the Book, I muft fay, he doth
humbly fubmit himlelf to your LordOiips ; yet , mv Lords., his
heart will not give him leave to lay, that he is guilty of thofe
grofs Offences, that are laid to his Charge. He confeffeth himfelf
to be juftly brought before your Lordlhips for his ill expreffions,
which may prove an occafion of Icandal by mifconftrudion, and
fb fome dangerous principle may be infuled into the Subjefts:
And he beggeth your Lordfliips to confider of them, according
to the intentions of his heart, which were fair and honeft, though
harfh inexpre'llon, that he m.ay receive a favourable conftrudion,
for that he citetli his Authors, and their Words, and not his own.
And for that he medleth with matters not proper to Sta^e-PUvs., as
in mentioning the Sabbath, his meaning was, ^yA^^e-P/^yj- upon the
Sabbath day : his mentioning Habits and Recreations, was in rela-
tion to men putting on VVomens Habits, and unlawful Recreation
at Plays, and fo he conceives them not altogether impertinent.
For the manner of his Writing, he is heartily fbrry, that his
ftile is fb bitter, and his imputations fb unlimited and general ; yet
in this, he was led thereunto by Authors in the like cafe, which
he offers for his excufe ; he hopes his paffion againft thefe abufes
by Plays may a little plead his excufe.
Now for the manner and matter alledgcd againft him out of his
own Book, in that he hopes your Lordfliips favour : he faith, that
thofe that are Judges of the Book for Licenfing, they are guilty
of the matter, and he hopeth that this Book doth differ from all
the Books brouglit into this Court ; for here are none brought
but fuch as are Unlicenfed, and this is Licenfed : and he fubmit-
eth thus to that point.
My Lordsy as to the general end and intention of his Book, he
fweareth, that the general refbrt unto Plays was the lirft oc-
cafion, and his end u'as for the reformation of the abufe of it, and
no
Mr. Mhnrn
pleads for
Mr. Prynn.
2:>0
Hifiorkal Collc&io>n,
^//Ai6j|. 1 no othcrwilc ; and then, wr Lw-i.f, he hopeth he Hiall not incur
~ ' your 1 ordlhips fevere Cenfure. He did not (end the Book beyond
the .^eas to be i-rinted, but Printed it here, and it was three years
in the Prefs, and Litenfed and pubHlhed.
And --/'v Lrr'^-, the Declaration to the Information of this Court,
fpeakeih fbmething to his Intentions, z^/z. to whom he dedicated
this Bc(ok, and he difperfcd it him lei f to men of known integri-
ty ; and certainly if his heart had been guilty of tiiofe foul crimes,
he would not have prelented one of thele Books to Mr. Anormy
Noy himlelf. He did not abfent himfelf as one guilty of Inch of-
fences WW) Id have done ; lie was fb far from having didoyalty,
that he doth commend the King and State, and that could not be
with an intention againft King ^nd State. And all the charges that
lye upon him for his foul in:entions, are but inferences upon his
Book, and confequences, and fuch of them -only that be fl-rained,
and not of neceffity.
The next thing charged upon him is Perjurv, for that he fald he
fliewed no part o<' this Book to any before it was fliewn to SparL-es ;
yet it was proved by Dr. H.-mi and Br. Goad, that they faw it ma-
ny years ago. As to this he faith, they fpeak only of his Book con-
cerning F/.trs, containing a quire of Paper, and that it is true, he
did fhew them fuch a Book ; but that Book was not this Book,
though they be of one SubjeQ: and matter, yet they differ much
in ibrm and frame.
T/yef^ Afr.^Hern Jpake on his hhdf as followeth.
My Lords,
We that are afTigned Councel for Mr. Prynn, do come \\ith
great diladvantage both in number and Judgements, confidering
the great ability of the Kings Councel, who have fjooken againft
us. If the conftruclion they have made be theirs, then clearly we
are (as they would have us) to fall deep by your Lordlhips Sen-
tence.
The weight of this Caufe, and the aggravations upon it by the
Kings Councel, made me the lafl day ( without defire of my Cli-
ent ) to crave farther time, for we durft not then give any an-
Twer. All that I can now fay is, that your Lordfliips would look
upon the intentions of his Heart, in that he hath explained him-
felf as fair as any man can do by his Oath ; how is it poffible to
make other proof of the clear intentions of his heart, than by his
Oath ? His Oath is admitted as proof againft him, in the acknow-
ledgement of his Book; and fliall it not be admitted to him, to
clear the integrity of his heart ? We befeech your Lordfliips to
look upon him, as not writing thele things out of perverfenefi of
fpirit, but out of the abundance of his heart tranfported with
Mr. Hem
pleads on the
belialt of Mr.
Prym.
zeal againft
the growing evils, which have befaln many of this
Nation, and fbme of his own acquaintance, by their frequenting
0^ Staoe-Plays. We that know him, mull: fay as far as our know-
ledge will give us leave, that in all palTages that have fain from
him, to us he hath exprelTed himfelf full of Devotion and Dutv
to His Mz/V/?y and the ^ee;? •, andfhall humbly take leave to of-
fer fome paflages out of^ his Book, which do bear evidence, that he
dorh
H/fiorical ColleBions.
251
doth fpeak well of botii their Majeflies, and of the State ; and that
by inferences and diftinftions there made : and what is it but Infe-
rences made out of other pafTagcs of his Book, which doth refle£l
upon him? Which palfages were opened by the Councel, but not
read.
Three Star-Ch.tr/ikr days having been fpent in the hearing of this
Caufe, the Lords Kite the fourth day to proceed to Sentence, which
held till four of the Clock in the afternoon ; and they pafTed fiich
fentence on N4r. Prynn^ as is expreifed in the enfuing Ipeeches, which
in effeft comprehend all that was laid by others.
The firfl: was of trmcls Lord Cott'/?.(rtun, Chancellor of the Ex-
clnmer^ whole turn was to begin firft to Ipeak, as being in the
loweft degree of quality by his place ; and commonly he that be-
ginneth, as he openeth the matter at large, lb he inclineth thereby
many Lords to forbear making of Speeches, and only to declare
tliemfelves to concur in Sentence with him that began firft, or
with Ibme other Lord that Ipake before , as their Judgements lead
them.
My Lords f /aid my Lord Comnsjcon.')
His Majefties Attorney General hath brought Mr. PrjffPi before
your Lordfliips, with other Defendants Thoma^s Buckner, Michael
Sparl-y &-C. It is for publijliing a Lrbelloiis Book, or Volume of Li-
bels, to the Icandal of Kis Mayfiv and the State. To my underftand-
ing it may be more properly faid, the great and high malice of
Mr. Pry/.'ii publiflied and declared in that Libellom Book ; a malice
exprelTed in a manner againft all mankind, and the beft Ibrt of Man-
kind , againft /C/;?i^, Prince^ Peers, Prelates, Magi^rates and Go-
I'CT'anrs, and truly in a manner againft all things. But that which
hath been more remarkable, is his Ipleen againft the Church and
Government of it ; therefore for that I will not fentence him, (be-
caufe Mr. Jttomey doth forbear to prolecute againft him, for that
which belongeth to the Church,) yet it is an argument of his
great and higli malice : and when I confider of that, which hath
been lb often repeated, that he writ this Book alone, liirelyhewas
afTifted immediately by the Devil himfelf, or rather he hath affift-
ed the Devil. He hath written a Book againft the due reverence
and honour, which all Chriftians owe to our Saviour Jefus, this
doth convince my Judgement againft him ; but the Book ( as
Mr. Attorney laith, ) declares the man, it is the witnels : And if your
LordOnps obferve the particulars and ftile of it, you will lay it is
a ftrange thing ; the very ftile doth declare the intent of the
man , and that is ( as Mr. Attorney laid, ) to work a dilcontent
and diflilie in the Kings people againft the Church and Govern-
ment, and dilbbedience to our gracious Soveraign the King. If
Mr. Prynn fnould be demanded what he would have, he liketh no-
thing, no State or Sex ; Mufick, Dancing, &c. unlawful even in
Kings ; no kind of Recreation, no kind of Entertainment, no, not
lb much as Hawking, all are damned. The very truth is, Mr. Prymi
wo-:.ild have a new Government, he would have a new Church, he
would have new Laws, new Entertainment, God knows what
he would liave ; a new King he would have, and have all the peo-
Hh pic
9 Caroli.
The Court
proceeds to
give their
judgemenc.
Lord Cotttng-
tons fentence
of Mr. Prynn,
and otlier De-
fendams.
32
HiftorJcal Colle^tons.
An. 165^-
pie of his mind, to be difcontented with their King and Govern-
ment.
Mr. Prynn confefTeth he did write the Kook, and it's true he did
endeavour the Printing of it, and the PubUihing of it, this is pro-
ved very well ; yea but Mr. Vry>jn had no other intention but a ten-
dernefs of Confcience, he meant no hurt to the Kjng or State, (as
his Councel faid : ) but Mr. Attorney anlwered them, that he is not
the Declarer of his Intentions, he muft be judged by the Book, by
his Words, more certainly by the effeO: ; for all good men do re-
ceive Icandal by this Book, and all of Mr. Frynns humour were
glad of this Book. When I confider what kind of Lihd^ it is, it is
not like other Libels : other Libels have been by peribns difcon-
tented, Ibme poor Rogues, Icattered up and down ; but here's a
Libel in folio, and in Print, and juftifieth it felf by Authors with
an high hand, Thut ts there ^ and that is there. And, ( rny Lords, )
when I confider thofe high paflages in his Book, I proteft unto you
they are things to be abhorred ; they are not fpoken relatively ( as
his Councel would have it ) but pofitively, That our Engli[l} Ladies,
Shorn and Triz,led Madams Jjave loft their Modefiy ; that the Devil is on-
ly honoured in Dancing ; that Plays are the chief delight of the Devil ;
that they that frequent Plays are damntd^ and Jo are all that do not con-
cur with him in his opinion, Whoresy Panders, foul Incarnate Devils^
Judafes to their Lord and Mafier, &-C. Princes dancing in their own
Perjons, his cenfure of them is Infamous^ &c. But the fouleft of
ajl is, That this was the caufe of untimely ends in Princes,
My Lords,
Shall not all that hear thefe things think, that it is the Mercy of
the King that Mr. Prynn is not deffroyed ? have we not feen men
lately condemned to be hanged and quartered for far lels matters?
One ( Pimhman ) I was my felf imployed with others in the exa-
mining of him ; he confefled, that the writing for which he was
queftioned was a Sermon, that he did intend to Preach : the words
were againft the per fbn of the King, yet he never Preached it; yet
becaufe he had written it with an intention to preach it, he was
brought upon this point and condemned to dye. But this Book is
in Print ; it is againft all Magiftrates, and particularly againfl the
Kjng our Soveraign, and his blefled Confort. And yet, my Lords,
it plealeth his Majefly to let Mr. Prynn have his Trial here. I will
not trouble your Lordfhips with any more parts of the Book ;
Mr. Attorney noted unto your Lordfhips, that you Ihould fee how ne-
celTary it was, that Mr. Prynn fhould be clean cut off, as one that
hath a long time endeavoured to move the People to difbbedience
againft the King, &c. So I fay with Mr. Attorney, it is high time
that Mr. Prynn may be cut off fb far as may go with the cenfiire of
this Court. My Lords, Mr. Prynn is better dealt withal, than he
would have Princes dealt with ; he hath had very fair trials.
For his Defence, I took notice of it likewile, I do remember that
all thofe Gentlemen, that were imployed and afligned as Councel
for his Defence, every one of them began to crave Mercy of the
Court ; yet they came with a defence and juftilication, fb far as
their caufe w ould bear. Mr. Holborn faid , that for Players thty
were Rogues by the Statute : yet Mr. Attorney faid , they are not
Rogues
Hiftoncal Colle&ions.
233
Rogues hy the Statute^ iink'Ji they wander^ 8fC. My Lords, he laid, his
intention was againft Publick and Cofmnori-PUys, yet feek all his
Book thorow, and you Ihall find it is againft Plays in Primes P.t-
laces. His intention now muft be underftood by his Book, and by his
words ; and that which he doth apply of any Author is his own.
And I think his defence did aggravate his oftbnce. As to his defence
againft the Ladies^hs. laith,he fpeaketh it Relatively and not Pofitive-
ly, yet he faith, onr En^lijb Ladies are fo and fo ivhori/Jj, S^c. And
For that part of his Book, wherein he condemns Murder, Mr. Pry^n
will have Murder unlawful, but execution of Princes is not Mur-
der, and therefore that is a lawful aft. Mr. Attorney fiiid well,
the end of this man and John * Mariana, &-c. they are all one,they all
cry malice againft Princes.
I fhall humbly crave pardon, and dilcharge my Conlcience, and
fliall let your Lordfliips fee, how I do underftand the fenfe, and
that fb I am to judge, and I conceive it to be as your Lordfhips fee,
that the malice in this Book is againft KJng and State, and, my
Lords, with this I Sentence Mr. Prynn.
I do in the firft place begin Cenfure with his Book ; I condemn
it to be burnt, in the moft publick manner that can be. The man-
ner in other Countries is, ( where luch Books are, to be burnt by the
Hang-man, though not ufed in England, ( yet I wifh it may, in re-
fpefl: of the ftrangenefs and hainoufhefs of the matter contained in
it ) to have a ftrange manner of burning ; therefore I fliall defire it
may be fb burnt by the Hand of the Hang-man.
If it may agree with the Court, I do adjudge Mr. Prynn to be
put from the Barr, and to be for ever uncapable of his ProfelTion.
I do adjudge him ( my Lords ) That the Society of Lincolns-Inn
do put him out of the Society ; and becaufe he had his Offspring
from Oxford ( now with a low voice laid the Bifhop of Canterbury ,
I am forry that ever Oxford bred fitch an evil M'^mber ) there to be
degrad-^d. And I do condemn Mr. Prynn to ftand in the P/llory in
two Places, in Weftminjler and Cheapfide, and that he fliall lofe both
his Ears, one in each Place, and with a Paper on his Head, decla-
ring how foul an Offence it is, viz,. That it is for an Infamous Libel
againft both their Ma]e(lies State and Government. Andlaftly, (nay
not laftly ) I do condemn him in 5000 /. ¥ine to the Fjng. And
laftly, perpetual Tmprijonment.
There are other Defendants, Thom.is Buckner, whom I conceive
to be the Chaplain charg'd with the Licenfing of the Book. I ob-
ferve, that Mr. Attorney hath little or nothing profecuted againft
him. It is laid he did combine with the Writer and Stationer for
this infamous Libel. It doth appear that he did Licenle it, or at
leaft 64 Pages thereof; I think it be alio true, that Mr. Buckner did
lee the Book after it was printed. It is faid, for his excule, That
MrV Buckner was cozen'd and furpriz'd by Mr. Prynn and Sparkes,
but it's plain he Licenfed it, or at leaft 64 Pages ; therefore I fliall
judge according to the Proof, as it is the ufual Cuftom of this
Court. I muft judge Mr. Buckner to be worthy of a very fliarp
Sentence , for certainly there is a very great inconvenience fain
upon the State, for want of due Examination : To what purpole
H h 2 is
9 Ciroli.
''■ Ajefuite.
Mr. Prynns
Sentence.
Biicl^ntn Sen-
tence.
'34
Hiflorical ColleBions.
An. i6n
tence.
Sen-
Lord Cliicf-
Juftice Ki-
chardfori's Sen-
tence.
is there an Examination of Books , if there fhall be a connivnce
and winking at the Party that doth it ? I Ihall think Mr. Buckler
not only worthy of a fevere Reprehenfion, but I fhall Cenfure him
firft to have Imprifonment according to the courfe of the Court,
and 50 /. FJnt to the King.
Now ( my Lords) the next is Michael Sparke, and he is the ^d,
and he is the Printer of the Book, and Binder , and Publiflier
thereof. In his defence he hath fliewcd your Lordfljips a piece of
the Book Liccnfed by Mr. B/<ch/er, and faith it was all Licenfed but
that he proves not ; but that it was entred in the Statiomrs-HrJl^
that he proves. But I do find, that he perfw aded Men to buy this
Book, after it was prohibited ; and before it was prohibited he per-
fwaded Men to buy it , faying, It wm an excellent Book, and it nwuld
he called in, and then fell \\d\. I do Fine Sparkes -500 /. to the King,
and to ftand in the Pillory, without touching of his Ears, with a
Paper on his Head to declare his Offence, and it is moft neceffary in
thefe times ; and for the Pillory to be in Pa.'/ls Church-yard. ( It is a
Confecrated Place , faith the Jrch-hijlwp of Canterbury ) / cry your
Grace mercy ( faid my Lord Cottin^ton ) then let it he in Cheapfide.
For the other Three, I find that Mr. Attorney doth not profecute
them , therefore, my Lords, I do not Cenfure them.
The next in courfe that fpoke after the Lord Cottington, was the
Lord Chief- Juftice Richardfon.
My Lordsy
Since I have had the Honour to attend this Court, Writing and
Printing of Books have been exceedingly found fault withal , and
have received a fharp Cenfure, and it doth grow every day worfe
and worfe ; every Man taketh upon him to underftand what he
conceiveth, and thinks he is no body except he be in Print. We
are troubled here with a Book, a Monft: er, ( Monjlmm Horrendnm,
Informe, Ingens ! ) It hath been a Quelfion who is the Author of
this Book : Surely I am fatisfied in my Confcience he is the Author
of it ; But truly, give me leave, I do not think Mr. Prynn is the on-
ly Aftor in this Book, but that there were many Heads and Hands
therein befides himJelf. I would to God in Heaven the Devil, and
all elfe that had their Heads and Hands therein befides Mr. Prynn,
were, &c. for I think they are all ill-willers to the State, and de-
ferve fevere punifhment as well as Mr. Pryfin doth. This Book is the
fubjeft of this days work, and it is annexed, by Mr. Attorney, to the
very Information it felf.
For the Book, I do hold it a mofl: fcandalom infa>nom Libel to the
Kiing's Majefty, a moft Pious and Religious King ; to the Queen^s
Majcfty, a mofl Excellent and Gracious Queen ; fiich a one as this
Kingdom never enjoy'd the like, and I think the Earth never had
a better. It is fcandalous to all the Honourable Lords, and the
Kjngdom it felf, and to all forts of People. I fay Eye never faw,
nor Ear ever heard of fucha fcandalous and feditious thing, as this
mifhapen Monfter is. How fcandalous a thing it is hath appeared
already to your Lordfhlps, by the Kjng and Queens Councel againft
Mr. Prynn ; I will not for my part repeat.
Yet
Hiflorical Collethons.
^35
Yet give me leave to read a word or two, where he cometh to
tell your Lordfliips of the Reafons why he writ this Book: Becaule
he law the number of the Inlays, Play-Books, Play-haunters, and
Play-houfes fb exceedingly increafed, there being above forty thon-
fdfjd Play-Books , being now more vendible than the choiceft
Sermons. What faith he in the Epifik Dedicatory ? {peaking
of Play-Books , Thty btar fo big a PricCy a»d are printed in far
bitter Paper y than mo ft Octavo and Quarto .
find fo good vent ,rs they ; and then come in
Bibles , which hardly
as
g Caroli.
fiich abundance
they exceed all number , and "'tis a years tiine to perufe them over,
they, are fo mukiplyed ; and then he putteth in the Margin Ben
"Johnfen Sec. Printed in better Paper than mofl Bibles. Now if this be
not a Tax upon the Kjngdojn., to print thefe Books in better Paper than
the Bible it felf\ for my part I leave it to your Lordfhips. This Mon-
fter, this huge rnifhapen Monfter, I lay it is nothing but lies, and
venom againft all ibrts of People. It is a Arrange thing what this
Nian taketh upon him. He is not like thofe Powder- 1 raytors, they
would have blown up all at once ; this throweth all down at once
to Hell together, and delivereth them over to Satan. I befeech
your Lordlhips give me leave ; Stage-Plays, 8cc. ( faith he ) tione
are gainers and honoured by them, but the Devil and Hell ; and when
they have taken their wills in lu(l here, their Souls go to Eternal Tor-
ment hereafter. And this muft be the end of this Monfters horrible
Sentence. He faith, So many as are in Play-houfes, are fo many un-
clean Spirits ; an-d that Play-haunters are little better than incarnate
Devils. He doth not only condemn all Play-writers, but all Pro-
testors of them, and all beholding of them ; and Dancing at Plays,
and Singing at Plays, they are all damned, and that no lefs than to
Hell. I befeech your Lordfhips to give me leave but in a word to
read unto you what he writes of Dancing, ^-c. It is the Devils
Profeffion, and he that enter eth into a Dance, entereth into a. devilifj}
Profeffion ; and fo many paces in a Dance, fo many paces to Hell :
This is that which he conceiveth of Dancing. The Woman that
fingeth in the Dance, is the Priorefs of the Devil, and thofe that an-
fver are C larks, and the Beholders are the Parifhioners, and the Mufick
are Bells, and the F idlers are the Minflrels of the Devil. I faid it was
a Seditious Libel ; this Point of Sedition is the only thing that
troubles me, and it is that which I fhall offer to your Lordfhips :
For I do not know it, the good Opinion, Heart, Will and Affefti-
ons of the Kings People and Subjefts are the Kings greateft Trea-
fure. Now if this be fb, then for any Man cunningly to undermine
thefe thingSjto take away the Hearts of the Subjefts from the King,
and to bring the King into an ill Opinion among his People, this is a
moft damned offence; and if I were in my proper place,and Mx.Prynn
brought before me, I fhould go another way to work. I proteft unto
your Lordfhips, it maketh my Heart to fwell, and my Blood in my
Veins to boil ( fb cold as I am ) to fee this or any thing attempted,
which may endanger my Gracious Sovereign ; it is to me the grea-
teft comfort in this world to behold his Profperity.
Much hath been fpoken concerning the!e things, and fbmething
by my Lord Cottino^ton before me; but good my Lords, give me
leave to remember you one or two Paffages, not yet fpoken of. He
writeth thus ; That Nero's acting and frequenting Plays , rvas the
I chiefefl
t xin.
236
.i6yi-
Hiflorical ColleUiom,
1
chiefcft caiift that ftirred up others to confpre his death ; would any
Man think, that his acting and frequenting of Plays was the chief-
eft occafion ?
He writeth in another place worfc than this. Fo/. 465. Tribellius
PoIIio relates. That Martian, HeracUus, and Claudius, Three wor-
thy Romans confpired together ^^ to murder Gallienus the Emperor^ ( a
Man much befotted^ and taken up with Plays^ to which he likewife drew the
Magijlrates and People by his lewd Examples ) m Flavius and others
confpired Nero his Murder for the felf-fame caiife, Src. Now my
Lords, that they fliould be called Three worthy Perlons that do con-
fpire an Emperors death, ( though a wicked Emperor ) it is no
Chriftian Exprertion.
If Subjects have an ill Prince, marry, what is the remedy ? they
muft pray to God to forgive him, and not lay they are worthy Sub-
je£t? that do kill him : If they were worthy A£ls, Mr. Prynn, I
can tell what you are, (Mr. Prynn ftanding, during the Cenfure,
behind the Lord Chief-Juftice Richardfon^ and Arcli-Bifliop Neale. )
No Man will conlpire to murder a King that can be a worthy Aftor.
For the very thought of it is High-Treafon. He fpeaketh of thefe
Three, that they were Three worthy Romans that did conlpire to
murder A^ero. This is moft horrible, and here can be no manner
of Expofition, but in the worft lenfe ; for his cxcufe, he llath made
none at all, only it was not his intention.
Good Mr. Prynn, you are a Lawyer. Intention ! I know
where the word ftandeth equal, as that you may take the Intention
this way,or that way, with the right-hand or left-hand, there in that
Cale you may fpeak the Intention ;- but where the words arc plain
and pofitive, as in your Books, here is no help of Intention in the
world : your words are plain and clear, therefore you can never
make any defence at all out of that. Not to hold your Lordlhips
any longer : My Lords, it is a moft wicked, infamous, fcandalous,
and feditious Libel. Mr. Prynn, I muft now come to my Sentence,
though I am very lorry, for I have known you long, yet now I muft
utterly forfake you ; for I find that you have forfaken God, and his
Religion, and your Allegiance, Obedience, and Honour, which you
owe to both their Excellent Majejlies, the Rule of Charity to all
Noble Ladies, and Perfons in the Kingdom, and forfaken all Good-
neft. Therefore, Mr. Prynn, I flhall proceed to my Cenfure, where-
in I agree with my Lord Cottington, as he began very well : Firft,
for the burning of the Book in as difgraceful a manner as may be,
whether in Cheap-ftde or Pauls Church-yard; for though Pauls
Church-yard be a Conlecrated Place, yet Heretical Books have been
burnt in that Place, And becaufe Mr. Prynn is o^ Lincolns-Inn, and
that his Profellion may not fiiftain dilgrace by his Punifliment, I do
think it fit, with my Lord Cottington, that he be put from the Bar,
and degraded in the Vniverfity ; and I leave to my Lords the Lord
Bifhops to lee that done : and for the Pillory, I hold it juft and equal
though there were no Statute for it. In the cafe of a high Crime,
it may be done by the difcretion of the Court, fb I do agree to tliat
too. I Fine him 5000 /. and I know he is as well able to pay 5000 /.
as one half of 1000 /. and perpetual Imprilbnment I do think fit for
him, and to be reftrained from writing, neither to have Pen, Ink,
nor Paper ; yet let him have lome pretty Prayer-Book, to pray to
God
Hiflorical CoHe&ionf.
God to forgive him his fins ; but to write in good faith, I would
never have him : For, Mr. Prynn^ I do judge you by your Book to
be an infolent Spirit, and one that did think by this Book to have
got the name of a Reformer, to fet up tlie Puritan or Icparatift Fa-.
cbion. I would not have Mr. Prynn go without a Recognition of
his Offence to the KJfig and Queens Majefty. I agree to tlie Sen-
tence on Bnckmr and Sparkes.
Secretary Cook.
By this vaft Book of Mr. Prynn, it appeareth he hath read more
than he hath lliudied, and ftudicd more than he confidered ; where-
as, if he had read but one lentence oiSolomony it had laved him from
the danger he is now hke to fall into. The Preacher faith. Be not
over-jtijt, nor make thy felf over-wife j for why wilt thou de(lroy thy
flf? My Lords , It is a Sentence requireth much ftudy and confide-
ration. It is moft certain, that Righteoufiiefs and Wifdom are fuch
Vertues, as they help forward Juftice ; but when Wifdom is mixed
with a Mans own humours, as for the moft part it is with Flefh and
Blood, there is danger of ftraining it too far, and that will tend to
the deftruiElion of himfelf and others. Examples are too pregnant
of this, and he may take it from a good Author, even from Chrifl:
himfelf; When his Apoflles, out of zeal to their Mafter, \von\d
have called for Fire from Heaven againft the Samaritans that refus'd
to entertain him, the Anfwer was. Ton know not of what fpirit you.
are. I would Mr. Prynn would have confidered this.
There is a good Spirit that is meek, tempered with modefty and
humility, with mildnels and with equity ; and liich a Spirit is al-
ways tender, not to deflroy, root up, overthrow , but to bind, re-
pair and preferve. But there is another fiery Spirit, which is always
calling of fire, nothing but damnation and deftruftion ; certainly
fiich a Spirit ever tends to his own confufion. And if this be well
obferved, every man lliall find it true, that luch a Spirit ever Com-
eth before deftruftion. I wifh Mr. Prynn were not an ill Example
of this. Certainly, my Lords, vice and corruption ought not only
to be reprehended but to be punifhed leverely, and that fharply too
where it is ; but Mr. Prynn fhould have confidered, every Man is not
a fit reprehender. He had no Invitation, nor Office nor Intereft to
imploy a Talent, which doth not belong unto him. If Magifirate^
and Pr/>zfpj fhould inveigh againft all things, and tolerate nothing,
we muft live no longer among Men ; and certainly, if we will be
thought to live with them that are wholly vertuous, we muft go
out of the World ; we have a good Author for this. But, my
Lords, a Toleration muft be ufed, and that Mr. Prynn would have
found if he had confidered his own body : Shall a Man upon every
light diftemper and difbrder in his body take Phyfick ? Or fliall ill
humors be purged till he purge all out ? Certainly he will purge
Spirit, Life, and all away with it. And as it is in the Natural Body,
fb it is in the Politick, there muft be a Toleration and Connivence;
it cannot be governed without it, and we have a Warrant for it.
Did not Qr//? himfelf forbid the cutting out of the Tares, left they
fliould pluck Corn, and dcftroy that too. I think \{l\x. Prynn
iliould have been asked the Queftion that Naaman did tO the Pro-
phet, he would not at all have bid ^<j away inpeacey he would have
threatned
9 Cnroli.
Mr. Secretary
Cookfs Speech
2^8
Hifiorical ColleEiions.
Jn.i6^l.
Earl of Der-
/jf his Speech.
threatned Hell and deftru£tion. There is a Chriftian Wifdom, and
there muft be a Moleration in all States. And certainly the faults
that have been tolerated in all times were greater than modefi:
Plays, or mod ft Dancing. It is not my intention, neither do I
think it is the intention oF any of your Lordfhips to Apologize for
Stage-Plays, much lefs for the abufe of them ; I wifh, and lb I
think doth every good Man, that the abufe of them were reftrain-
ed ; but, my Lords, not by railing, curfing, damning, inveighing,
&c. not only againft the faults and Players themfelves, but againft
all Speftators, and thofe that come to them, and that of all de-
grees, and with fuch bitternefs and acrimony, that in all the Au-
thors alledged,which are infinite,theie is not to be found anExample.
My Lords, I am very forry he hath ib carried himfelf, that a Man
may juftly fear he is the Tiwof? that hath a quarrel againft Man-
kind. But I love not too much to aggravate Offences, which of
themfelves are heavy enough.
He calleth his Book Hifirio-mafiix ; but therein Ire flieweth him-
lelf like unto J']ix Anthropomafiix, as the Grecims called him, the
fcourge of all Mankind, that is, the Whipper and the Whip. I
cannot but concur with the Cenfure already begun by my Lord
Qottington^ given againft Mr. Prynn, Buckmr and Sparkes.
Afterwards the Earl of Dorfet /pake to this effeFi.
SUch fwarms of Murmurers as this day difclofe themfelves, are
they not fearful Symptoms of this Tick and difeafed time ?
ought we not rather with more Juftice and Fear apprehend thofe
heavy Judgments which this minor Prophet, Prophet Pryn», hath
denounced againft this Land, for tolerating indifferent things to fall
upon us for fuflfering them, like thofe Mutineers againft Mofis and
Aaron, as not fit to breath ? Mj Lords, It is high-time to make a
Luftration to purge the Air. And when will Juftice ever bring a
more fit Oblation than this Jchan ? Adam, in the beginning, put
Names on Creatures correfpondent to their Natures : The Title he
hath given this Book is Hifirio-mafiix, or rather, as Mr. Secretary
Cooke obferved, Anthropo?nafiix ; but that comes not home, it de-
feives a far higher Title, Damnation, in plain Englijij, of Prince,
Prelacy , Peers and People. Never did Pope in Cathedra , adifted
with the Spirit of Infallibility, more pofitively and more peremp-
torily condemn Hereticks and Herefie, than this doth Mankind.
Left any partial Auditor may think me tranfjx)rted with Paffion,
to judge of the bale Liveries he beftoweth upon Court and Cour-
tiers, Ifhall do that, vhich a Judge ought to do, zitz. aflift the
Prifbner at the Bar. Give me leave to remember what Mr. Attor-
ney let fall the other day. I will take liold of it for the Gentlemans
ad\{^ntage. That this Gentleman had no Miffion ; if he had had a
Miinon, it would have qualified the Oilfence. Our Bleffed Saviour,
when he convcrfed in this World, chofe Apoftles, whom he lent
after into the World ; Ite,pr.edicate, &c. to fliew the way of Salva-
tion to Mankind. Faith, Hope, and Charity, v/ere the fteps of this
Jacobs Ladd-r to afcend Heaven by. The Devil, ^\'ho hates every
Man upon Earth, play'd the Divine, cited Books, wrought Mira-
^ cles,
Hiilorical Collections.
■?9
i cles, and he will have his Difciples too, as he had his Confeffors
and Mart}rs. My Lords, This contempt, difloyalty, and defpair,
are tlie Ropes which this EmilTary lets down to his great Mafters
Kingdom for a general Service. My Lords, As the Tenor of their
CommiHion was different, fo are the ways : Thefe Holy Men ad-
vanced their Caufe in former times by meeknels, humility, patience
to bear with the weaknefs and infirmities of their Brethren ; they
taught obedience to Magiffracy, even for Confcience fake; they
divided not their Eftates into Fa(9:ions ; they detrafted from none,
they fought the Salvation of Mens Souls, and guided their Jjodies
and Affeftions anfu'erably ; they gave to O/rr the things that were
Cafars ; if Primes were bad, they prayed for them, if good, they
praifed God for them ; ho\\'ever, they bore with them : This was
the DoGrine of the Primitive Church, and this they did. lap-
peal to my Lords that have read this Book, if Mr. Pry»n has not
with breach of Faith difcharged his great Mafters end. My Lords,
When God had made all his Works, he looked upon them and faw
that they were good. This Gentleman , the Devil having put
Speftacles on his Ncfe, fays, that all is bad : no Recreation, Voca-
tion, no Condition good ; neither Sex, Magiftrate, Ordinance, Cu-
ftome Divine and Humane , things animate, inanimate, all, my
Lords , wrapt up in Miffa Danmata , all in the Ditch of De-
flruftion. Here, my Lords, we may obferve the great Prudence of
this Prince of Darknefs, a Soul fo fraught of Malice, ^o void of
Humanity, that it gorgeth out all the filth, impiety and iniquity
that the difcontent of this Age doth contraft againft the Church
and State .- but it may be fbme follower of his will fay, It was the
Pride and wickednefs of the Times that prompted him to this
Work, and fet his Zeal, through tendernels of Confcience, to write
this Book. My Lords, you may know an unclean Bird by his Fea-
thers ; let him be unplum'd, unmasked, pull off the deceitful
Vizard, and fee how he appeareth ; this brittle-Confcience, bro-
ther, that perhaps ffarts at the fight of the Corner-Cap, fweats at
the Surplice, flvoonds at the Sign of the Crofs , and will rather
dye than put on Womans Apparel to fave his life ; yet he is fb zea-
lous for the Advancement of his Babd^ that he invents Legions,
Coins new Statutes, corrupts, mifapplies Texts with falfe Inter-
pretations, diflionours all Men, defames all Women, equivocates,
lies ; and yet this Man is a Holy Man, a Pillar of the Church : do
you ( Mr. Pry>?f? ) find fault with the Court and Courtiers Ha-
bits, Silk and Satten Divines ? I may fay of you, you are all Pur-
ple within, all Pride, Malice, and all difloyalty ; you are like a
Tumbler , which is commonly Squint-ey'd , you look one v/ay,
and run another way : though you feemed by the Title of your
Book to fcourge Stage-Plays, yet it was to make People believe,
that there was an Apoftacy in the Magiftrates ; but, my Lords,
admit all this to be venial and pardonable, this P/^?^; groM'eth a
Gf.raf, and invades the Gods themfelves, where we enjoy this
felicity under a Gracious Prime with fb much advantage , as to
have the light of the Gofpel, whilfl- others are kept in darknefs,
the happinefs of the Recreations to the health of the Body, the
Blelled Government we now have ; when did ever Church fb i%
fiourifli, and State better prolper ? and fince the Plagues hap'ned
I i none
IG Carol:
240
Hifiorical Colk&ions,
An. 163^.
none have been fent among us fuch as this Caterpillar is ; w hat
Vein hath opened his anger ? or who hath let out his fury ?
when did ever Man fee fuch z Qjiietm cftzs in thefe days? yet in
this Golden Age is there not a Shimti amongft us, that curleth
the Anointed of the Lord, ib puffed with pride ; nor can the
Beams of the Sun thaw his frozen Heart, and this I\4an appcar-
eth yet. And now ( my Lords ) pardon me, as he hath wounded
His Majefl-y in His Head, Power, and Government, and Her Ma-
jefty, His Majefties Dvtir Confort^ Our Royd Q^. e;/, and my Gra-
cious Miftrels ; I can ipare him no longer, I am at his Heart. Oh
quantum ! &c. If any caft infamous afperfions and Cenfiires on
our Queen and Her hinocency , filence would prove impiety ra-
ther than ingratitude in me, that do daily contemplate Her Ver-
tues ; I will praife Her for that which is her own, flie drinks at
the Spring-Head, M'hilft others take up at the Stream. I fliall
not al:er the great Truth that hath been laid, with a Heart as
full of Devotion, as a Tongue of Eloquence, the other day, as it
came to his part ( meaning Sir 'John Finch. ) My Lords, Her
own Example to all Vertues, the Candor of Her Life, i^ a more
powerful Motive than all Precepts , than the feverell: Laws, no
Hand of Fortune nor of Pow er can huri: Her ; Her Heart is full
of Honour, Her ■Soul of Chaftity ; Majelty, Mildnefs and Meek-
nels are ib married together , and ib impajed in Her, that where
the one begetteth Admiration, the orher Love ; Her Soul of that
excellent temper, ib harmonioufly compoled, Her Zeal in the ways
of God unparailei'd ; Her Affeftions to Her Lord fo great, if fhe
offend him, it is no Sun-fet in Her anger ; in all Her A6f ions
and Affeftions fb Eleftive and Judicious , and a Woman fb con-
ftant for the redemption of all Her Sex from all imputation,
which Men ( I know not how juftly ) Ibmetimes lay on them;
I a Princefs, for the Rveetnefs of Her Difpofition, and for Com-
paflion , always relieving fbme oppreffed Soul , or rewarding
{bme deferving Subjeft : were all fuch Saints as She , I think
the Roman Church were not to be condemned ; on my Con-
fcience She troubleth the Ghoffrly Father \\'ith nothing , but
that She hath nothing to trouble him withal. And fb when
I have faid all in Her Praife , I can never fay enough of Her
Excellency ; in the relation whereof an Orator cannot Patter,
nor Poet lye ; yet is there not Doe«^ among us , notwithfl:an-
ding all the Tergiverfations his Councel hath u fed at the Bar?
I can better prove, that he meant the /C/>^ and Q^/pen by tliat
infamous Ntro , he. then he proves Players go to H.ll ; but
Mr. Prynn your Iniquity is flill, it runs over, and hidgment is
come; it is not Mr. Attorney that calls for Judgm.ent againit
you, but it is all Mankind , they are the Parties grieved , and
they call for Judgment.
(i.) Mr. Prynn, I do declare you to be a Schifine-maker in
the Church, a Sedition -fb\\'er in the Common-wealth , a Wolfe
in Sheeps-cloathing , in a word , Omnium malorum neqnifjir/n-s.
I fliall Fine him len Thonfand Pounds, which is more than ])e
is worth , yet lefs than he deferveth ; I will not fet him at li-
berty no more than a plagued Man or a mad Dog, who though
he cannot bite, he will foam ; he is fb far from being a So-
ciable
Hifiorical Colletftons.
241
ciable Soul , that he is not a Rational Soul ; he is lit to live
Beafts of Prey as Wolves and Tigers like
in Dens
himfelf
with fuch
Therefore
I
ment , as thofe Monfters that
Men, nor to fee light
do conJemn him to perpetual Imprifon-
are no longer fit to live among
Now for Corporal Punilhment , ( my
Lords ) whether I fliould burn him in the Forehead , or flit
him in the Nofe ; for I find , that it is confefTed of all , that
Doftor Leightofis Offence was left than Mr. Prynns, then why
fliould Mr. Fr'^nn have a left PuniHiment ? He that was guil-
ty of Murder was marked in a place where he might be leen,
as Cuin was. I fliould be loth he fhould efcape with his Ears,
for he may get a Periwig, which he now fb much inveighs a-
gainfl, and fo hide them, or force his Confcience to make ufe
of his unlovely Love-Locks ori both fides : Therefore I would
have him oranded in the Forehead , flit in the Nofe , and his
Ears Cropt too. My Lords, I now come to this Ordure, I can
give no better term to it , to burn it , as it is common in o-
ther Countries, dr otherwife we fliall bury Mr. Prjn^y and fuf-
fcr his Ghoft to walk : I fhall therefore concur to the burning
of the Book ; but let there be a Proclamation made, that who-
fbever fliall keep any of the Books in his hands, and not bring
them to fbme publick Magiftrate to be bufnt in the Fire, let
them fall under the Sentence of this Court; for if they fell
into wife mens Hands , or good Mens Hands , there were no
fear ; but if among the common fort, and into weak Mens Hands,
then tenderneft of Confcience will work fbmething. Let this
Sentence be Recorded, and let it be fent to the Library of Sion^
( meaning a CoUedge in London ) whether a Woman, by her Will,
M'ill allow Mr. Prynns Works to be fent.
For Mr. Bnckner^ I believe that he had no intention at all this
Work fhould come abroad, he is faid to be a conformable Man to
the Church of England ; I fhall hardly Cenfure him, he deferveth
admonition.
For Sparkes, I concur in all things : The Feodary had his OiHce
taken away from him by this Court ; I fee therefore no realbn but
that he may be barred from printing and felling of Books, and kept
wholly to binding of Books.
TO welcome His Majefty honle, after His Progreft this Year
into Scotland^ the Four Inns of Court agreed to Prefent to tlie
J^/ng and jQween a moft glorious Mafqite ; and accordingly on the
i?>th day of February this Year, on Shrove-Tuefdky ^t m^t , in a
gallant way Four Gentlemen, out of each Inns of Court, did ride
on Horfe-back, richly habited to Whitehall, accompanied alfb with
a Train of Chriflian Captives many years enflaved in Chains under
the Emperor of Morocco, and now fent by him as a Prefent to the
King, for His alfiflance in deffroying a Port of Pyrates that annoy-
ed that Emperor, and which alfb proved to the fliture fecurity of
Traders in the Mediterranean Sea.
And the City, willing to do fomething anfwerable, feafted their
Majejliessi fortnight after, at the Lord Majors Houfe, (Alderman
lis Freeman
9 Caroli.
The Inns of
Court Prefent
a Mafquc to
the King and
Queen at
ifhitibill.
H2
Hijiorical Colle&iom,
^M. 16^^.
Alfo Prefent-
ed their Ma-
jerties in the
City..
Page 129.
' Sindtrfon.
Freeman bein^ then Major.) And the Inns of Court Revellers
riclily habited, rid in manner as is before-mentioned through the
City^ adorned the Kings Feafts, and at Merchant-Taylors-Hnll the.
City partaked of that Radiant Show and Mafque.
The Names of the Mafcpiers at Court,
The King's Majeffy.
Duke of Lenox. Lord Feilding. g:
Earl of DcvonJJjire,-
Earl of Holland.
Earl of Nervfort.
Earl of Elgin.
Vifcount Grandefon.
Lord Rich.
Lord Digby.
Lord Dimiarvin,
Lord Dunliice.
Lord Wharton^
Lord Paget.
Lord Saltine,
The JS(ames of the Younv Lords and "Hohlemms Som,
Lord JValden.
Lord Cranhorne.
Lord Bradley.
Lord Shandos.
Mr. IVilliam Herbert.
Mr. Tbo. Howard.
Mr. 7ho. Lgerton.
Mr. Charles Ca^uendijjj,
Mr. Robert Harvard.
Mr. Henry Spencer.
Weftminfter
the 16th of
April.
Whitehall the
/^th day of
May.
Whitehall the
5tb day of
May.
As to the Mafque, iaith an Hiftorian* who writes the Reign of
Kjng Charles.) that for curiofity of Fancy, for excellency of Perfor-
mance, for luftre and dazling Splendor, this Age never before nor
fince within this Ifle afforded the like.
It is laid by another Hiftorian, '^ who alio writ the Life of Kjng
Charles, That this gallant Mafque was performed by the Four Inns of
Courts in fueh Regret againft M^illiam Prynn, Barrefter ofLincolns-
Inn, for his late Book Entituled Hifirio-mafiix^hQm^ an Inveflive a-
gainft Stage-Players.
A
Titles of Proclamations for the Year i<^3 5.
Proclamation againfi Frauds and Deceits ufed in Drapery ,^Ji?^ for
difcovery and preventing of tlje fame.
A Proclamation for the Prizes of Viftuals within the VergQ of His
Majefiies Houjhold.
A Proclamation for the well-ordering of His Majefties Court and
Train, as well in his prefent Journey intended towards His Kjngdom
of Scotland , and return from thence , as in all other His Majefties
'Journeys and Progrejfes hereafter.
Hijlorical ColleBions.
A Proclamation for the uft of the. Bow an A the Pike together in Mi-
litary Difcip'Jne,
A Proclamation for pre'venting of the Ahiifts growing by the unor-
dered, Retailing of Tobacco.
A Proclamation concerning Tin.
A Proclamation for Prifing of Wines.
A Proclamation concerning Soap ani Soap-makers*
A Proclamation for the Prices of Poultery, Rabbets, Butter, Can-
dles, Char-coale, and. all manner of Fuel of Wood.
A Proclamation for the fpeedy fending away of the IriQl Begg^ars out
of this Kjngdom into their Oivn Country^ and for fupfrej/lng of hnglifll
Rogues W Vagabonds, according to Our Laws.
A Proclamation concerning the abnfive venting of Tobacco.
H3
9 Qaroiu
Oarlanrfs Aug,.
the 1 2th.
Whitehall the
i^th dsy of
Oftobcr.
WIiird)aIIW;f
22 d dif of
Jdniiary.
VVhirchall tk
2$th day of
January.
Whirehnll the
26iIj diy of
January.
VVliirelial! thi
1 2th a ly t)f
February.
Whitehall thi
\ 2th day of
Februai y.
Newmarket |
March 13.
Hiftorical
i
Hiltoncal Collcdions
for the Year, 1634.
fice I
IVe continue the Courfe dejigned ^ to Commence
every Tear ivith the Arch-Bijho-j^ of Can-
terburies Diary. \
Jlm-S'mday, faith the Arch-Bifhop, I Preached to the King
at Whitehall.
May I ^. I received the Seals of my being chofen Chan-
cellor of the Vmverjity of Dublin in Ir^Uni ; to which Of-
was chofen, Septemkr 14. 16^5. There were now, and
fomewhat before, great Factions in Conrt^ and I doubt many private
ends followed, to the prejudice of publick Service : good Lord pre-
ferve me.
"June 1 1 . Wedftefdm Mr. Prynn lent me a Letter about his Cenfure
in the Star-Chitmher for his Hiftrio-maftix^ and what I faid in that
Cenfure, in which he hath many ways miftaken me, and fpoken
untruth of me.
'June 16. I file wed this Letter to the King, and by His command
^ fent it to Mr. Attorney A^oy.
June 1 7 Mr. Attorney fent for Mr. Prynn to his Chamber, fhew-
ed him the Letter, asked him whether it were his Hand? Mr.
Prynn faid he could not tell unlets he might read it ; the Letter
being given into his Hand, (and Mr. Attorney going to his Clofe-
flool, needing a Paper for that purpofe ) he tore it in fniall pieces,
and threw it out at a Window, fearing, it feems, an Ore tenm.
For this, June 18. Mr. Attorney brought him into the Star-
Chamher where all this appeared ; * I there forgave him.
July 16. I received word from Oxford^ that the Statutes were ac-
cepted and publiflied, according to my Letters, in the Convocation-
houfe that week.
AfiQ^ufl 9. Saturday^ Mr. 1 Villi am Noy^ His Majefties Attorney-
General died at Brentford^ c ire iter horamno£lis decimam.
And on Sunday morning Augufi 10. his Servant brought me word
of it to Croydon before I was out of my bed ; I have loft a dear
friend of iiim, and the Church the greateft She had of his con-
dition, fince fhe needed any fuch.
Autgfjl 1 1 . one Robert Seale of St. Albans came to me at Croydon^
and told me fomewhat wildly about a Vifion he had at Shrovetide
laft, about not Preaching the Word fincerely to the People ; and a
Hand appeared unto him, and l^eath, and a Voice bid him go tell
■it
10 CaroU.
March ;e.
Arch-bifhop
of Canterbury's
Diary.
* But it was
with fome-
what a fharp
Letter, the
Copy whereof
was found
among his Pa-
pers.
* Becaufe no-
thing was
there proved,
for Mr. At-
torney knew
not how to
proceed or
make good
hisaccufation"
1^6
Hift
iiTorkal Colkctiom,
An i6?4. it the Metropolitan (^/^ Lambeth, and made him fwear he would do
fb, and I beUeve the poor Man was overgrown with fancy : Sol
troubled my felf no further w ith him or it.
Anff. ^o. Saturday^ at Oatelands, the ^een fent for me, and gave
me thanks for a bufmefs, with which She truffed me; Ker Promife
then that She would be my friend, and that I fliould have imme-
diate addreis to Her when I liad occafion.
September 50. 1 had alm.ofl: fain into a Fever, Mdth a Cold I took,
and it held me about Three Weeks.
Decewkr the i/? Mofiday, my ancient friend E. R. came to me,
and performed great Kindnefs, which I may not forget.
Jan. 8. I married the Lord Char/es Htrhtrts^ and the Lady
Mary, Daughter to the Duke of Buckingham, in the Clofet at
Whitehall.
February 5. Thurfday.^ I was put into the great Committee of
Trade, and the Kings Revenue, &c.
Sunday March i. The great Bufinefs which the King commanded
me to think on, and gave me account of, and L. J.
Saturday March 1 4. I was named one of the CommifTioners for
the Exchequer., upon the death of RichardLord IVcfinn., Lord High
Treafurer of England. That evening K, B. fent to fpeak with me
at Whitehall; a great deal of free and clear expreflion, if it will
continue.
Monday March 16. I was called again the next day into the For-
reign Committee by the King.
March 22. Palm-Sunday., I Preached to the King at JVhitehall.
The King, in the beginning of this Year , May the e^th, had
timely in his thoughts, how to raife Monies to fet out a Fleet for the
Guard of the Narrorv-Spas, ( which afterwards proved to be in tlie
way of Ship-Mnney ) the Narrow-Seas being at this time infeffed
by Pirates of all his Neighbour-Nations, and from the Mediterranean
by 7urks2Lnd Aloiers-vntn., was pleafed to declare His Pleaflire and
Exprefs Commandnnent , tJDIjat 110 ^mwtt 0? €)Cn farinfj-mcit,
%WWiXhM^ 0? S)!)tp=Cra-pcntcr iDl)atraeiJcr, hzm IM 9i^mt-
ftic0 ^ufcKcts, fiiouin, ttiit!)ot!t tt'C Mm^ licciife, oj tU liccnfe
of tlje Admiral of England, ClltCr, 0? Jittflllpt, 0? gO il&CUt tO tXV
tec into t^e ^cttJice of anj) Jfo^rf (git Prince o? ©tnte, o? U cniplop-
cti out of tfji0 Ecalm in anp S)ca-@rrl!i£c tofjatfaeijcr, uitJff^ it
locte in tfjc S^ing0 otoit S^ctHice, o? of feme of IM €)iii)tmj£).
anH if anp at tWss time tic in tfje ^n'aiit of nup jTo^cs^ii Prince,
tijat tljep fortljtmtf) retittu iiiicer a great penalty)*
aitii on tije fame Day IM ^afclfp tfjoiigljt fit to Sccfave l)\^ fur-
t\)Zt picafiite, concerning tije Flags to 1% cniplopeu foi IM J^vaJ
Bauj), m tuell n^ fo? tfjc Slifi'is of M^ %\Mta^ of Soutii ann
North-Britain ; anB coiicciterg :t meet fo^tlje l)m\mx of tijeiaingg
oton S)l)ipiS in Ipis Navy-Royal, anti of fuc!) otper <^U0 ajs ar^,
o> fl)all be emploi^en in t!)e il^ing^ inmteQfatt ^ertece, tfjattije fame
be lip tijcir l!ag0 Sirn'nguifijcD from tlje €)f}iv0 cf anuctfjcr of fci^
g)UlJied-£> ; ccti) t\)txttm p?c!jitit anti fojbii), Cljat none of tlje
^'Ubfectg of arp of \M I5ation0 aim £v;ngt!om0, fljaif from Ijciifc^-
f02tt) p?erumc to carrp t^e Union-Flag in t|)e ^ran Cop, o? otJjcr
part of anp of IM 8)i)ip.6, tIjat i0 %t, George's Crofs, ann €&t»
Andrew's
Hijior/Ccil ColleBions,
"47
Andrews Crofs iWiXtt^ tOgCtljer, hlXt tijnt tfjC fame Union-Vlag be
!ii!I iTfctijeli n0 mi iD^nanicnt pioi-icr to tljc il\tntj0 ciun <Siljip0, a!?n
%\t0 \\\ !ji'0 I'mmtBiate ©ictincc nnB |3np, ant^ none otf)cr£i ; niiD
I W 259aief!ir0 iwxVm IBiW asiB plidfure 10, tliat nfl ot()cr €>l)ipy
I of i)\^ ^xMtm of England;, p? hoiith-Britain licariniy JrlilffS, fijad
I frnra ijcnccfa^tij carvv tlje lied Crofs, fonimam'p cnKcB €it "George
' hisCrols ; tm a!fo tij.'.t alitljc otfjcr €>Ij'4i0 Of tijc Eing0 €>iibjfct!S
of Scotland niit! North-Britain , fDaU from {jeiitcfojtl) carfp t()e
White Crofs, commOlUp tfM^^ %t* Andrews Crols.
And it concern'd his Ma/efty to think of fbme other ways than
hitherto he had done to raile monies for his Occafions, for that
the Monies w hich were to come to the Exchequer upon the Com-
pofition with Recufmts, fell far fhort of expectation.
For the King inftead of receiving two full parts of three out of
Recuiantseftates, had little above one part in ten or twelve, efpe-
cially in the North where their Compofitions were higheft. Ro-
ger Widirington of CArtingtori in the County of Northumberlmi
Efquirepaid 60. /. per Aftmim into the Exchequer^ his Eftate being
better worth than i^oo I. fer Annu-M; William Anderton, of Andtr-
ton in the County of Lmcafitr Efquire paid 20 /. fer Annum, his
Eftate being eftimated worth 500 /. per Annum. Francif Harecourt
of Rmton in Staffer dpjire, paid 25/. per Anmim^ his Eftate being
worth above 200 l.per Annmn. Sir Henry Merry of DarbvfJjire, Kt.
paid 66 I. 13 s. 4 d. per Annum, his eftate being worth 600 /. per
Annum and upwards. Sir. '^ohn Thimbkhy of Ltncolnfbire^ Knight,
paid x6o I. per Annum, his eftate being eftimated at 1 i^oo I. per An-
num. Sir Ralph Ellecare of TorkfJjire , Knight paid 50 /. per
Annum, his eftate being worth 600 /. per Annum. And much to
the like proportion did others compound in thofe Northern Coun-
ties ; but afterwards by the advice of Mr. Noy, a more fubftantial
way was thought upon, to raife a notable Revenue for the King,
by Ship-money, of which more fully in its proper time and place.
Mr. Prynn of Lincolns-Inn wdshrotivht to the 'Bar of the Court
of Scar-Chamber on the i ith of June, and Jyl4r. Attorney
Noy thm opened the ^natter a^ainf h'mi.
My Lords,
/-|-^Here hath been an Information againft Mr. Prynn in this
_|_ Court, for a Seditious Railing Libel, or rather a Volume of
Libels.
' He had the fentence of the Court for the fame. I will lay thus
much, it was more favour fhewed him than he did deferve ; he
was mercifully dealt withal. He hath been in Prifbn he hath
been Degraded ; he hath had his Ears cut off, and undergone all
fhame. It leems he hath been admitted to Pen, Ink and Paper in
the Tower, and he hath made ufe of it. My Lords, he did write
a Letter or rather a Scandalous Libel, to fbme of your Lordfliips,
and falleth particularly upon fome of your Lordfhips here ; for
K k 'he
10 Crroli.
Recufanrs
Compofitions
fall fhort of
expeftation.
Mr. Voy.
Mr. Prynn
once more
brought into
the Stir-
Chamber.
An. 1634
Hiflorical CollcBiGUs.
Lord K/ff "■•
Lord Vistpr.
Mr. Niy.
The Arch-Bi-
fhopofCJBfir-
bury.
' he doth examine whatfbever was (aid at the hearing of his Caiile :
' and he faith, what was done by one, ^\'as done by all the refu.
' My Lords, This Libtlczmt to the King's Attorney-General, and
' lie fent for Mr. 'Pryn?3, and M'ifhed him to give over this praftice of
' Rayling now at laft. He was asked whether it was his writing or
' no ? ( no x^'onder he M'ould tell a lye, feeing he had 'io often lied,
'and forfworn himfelf in Court before) He anfwered, lie could
' not tell, unlefs he might read it all : fb it was delivered unto him
' to read, confifiing of nve pages. He read as much of it as M-as his
' pleafure, yefterday in my Chamber, in my prefence ; and my back
' being from him, and his from mine, he takeihthe Letter (the
' Libel ) and teareth it in pieces, like a Rat, or a Vermine, and
' throweth it out of the Window : yet I caufed tlie pieces to be ga-
' thered up, which your Lordfliips may fee, and the Libel in a great
' part may be read. Then he was asked, if he did tear it ? He faid
' I will anfwer you nothing. My Lords, I fhall defire lie may be
' asked here, whether he did tear it, or no ?
' Mr. Prynn, Mr. Attor-ziey defires to knov/, whether you did tear
' this, or no ? Mr. Frynn anfwered. If it may pleafe yoilr Lordfhips,
' I have been cenfured in this Court, and fubmitted my felf to eve-
' ry particular in the execution of it ; and I have fb carried my felf
' in pubUck, without giving any offence at all in the leaft kind ; and
' if Mr. J'ttorfiey exhibit any thing iil Court agalnft me, I defire that
* I may give a legal Anfwer unto it. I hope this Court will be fa-
' vourable toward me. I did nothing in publick to give any offence,
* and what I wrote in private, was not my intention to come in pub-
' lick. I am a man fubjeft to paffion, as all men are ; therefore I
* hope your Lordfliips will not impute it as a Crime.
* Here is humility for the time to come, but for the time paft it is
* very ill.
' I fhall defire your Lordfliips that he may be in Goal, and kept
* dole Prilbner ; and neither to have Pen, nor Ink, nor Paper, nor
' go to Church ; and I fliall after^^ard proceed againft him for this
' here. I think in my Conlcience ( faid Mr. Noy ) he hath neither
' Grace, nor Modefty.
* My Lords, He hath undergon a heavy punifhment, I am hearti-
* ly fbrry for him ; and Mr. Pry^f?, I pray God forgive you for what
' you have done amifs. I confefs I do not know what it is to be
' clofe Prifbner, and to want Books, Pen, Ink and Company. Cer-
' tainly a man alone in that Cafe, who knoweth how he may be in-
' fligated ? And as Mr. Attorney faith, he is paft all Grace, and Mo-
' defty ; furely then he had need to be more free, and have Books
' and go to Church, that he may become better. I fliall therefore
' be an humble fuifor to your LordQiips, that he may have the pri-
' vilege to go to Church ( faith Mr. Prynn, with a low voice, I
' humbly thank your Grace. ) But my Lord Keeper asked tiie reft of
' the Lords, whdx they thought of it ? but no refblution w as given
' at all, but they would take it into their Confideration. The Lord
' Rkh.irdfon then laid, let him have the Book of Martyrs, for the
' Puritans do account him a Martyr.
' Mr. Prrfin defired the Arch-Bifliop of Ca/iterh'ry, that lie rhight
' have theBooks,which his Officer feized upon in his Study; and the
* Arch-Biftiop didferioufly proteft,that they were feized without his
' ' privity.
Hiflorical ColleBions.
249
privity, and that he had direftion to feize no Books, but thole
' queftioned in Court ; but would give a Warrant under his hand
' to re-deUver them.
in purfiiance of the fettlement of Church-Affairs, the Bifliop of
London did about this time defign to impofe the Enolijh Liturgy
and Difcipiine, upon the Enghfli Companies and Regiments in Fo-
reign parts, and upon the Churches ofForeingers Uving in Eng^Lwd,
and reprefented to the Lords of the Council his advice therein, in
propositions to this effbft,
1. Whether it be not fit (Iliad almofl faid neceffary ) that the
feveral Colonels in the Loir-Countries fhould entertain no Miniffer,
as l^reacher to their Regiments, but fuch as fliall conform in all
things to the Church of England eftablifhed, and be commended
unto them from your Lordfhips, by the advice of the Lord Arch-
Bifhop of Canttrhiiry or Torky for the time being.
2. That the Company of Merchants refiding there, or in any other
foreign parts, fliall admit no Minifter^ as Preacher unto them, but
luch as are Qualified, and Commended as aforelaid.
J. That if any Minifter, having by feigned carriage, got to be fb
recommended, either to any of the feveral Colonels, or to the De-
puty-Governor znd Body of the Merchants there, that be after found
unconformable, and will not mend upon warning given by the Co-
lonels, or Deputy-Governor of the Merchants, he Inall within three
months after fuch warning given, and refuted, be difinilTedfrom his
ferviee, that a more orderly and peaceable man may be fent un-
to them.
4. That every Minifier or Preacher with any Regiment of Souldi-
ers, that are his Majeft ies born Subjefts, or with the Company of
Merchants there, or elfewhere, fhall read Divine Service, Chriften
Children, Adminifter the Sacrament of the Lord's Supper, Marry,
Inflru£t the Younger or more ignorant fort in the Catechifm, Vifit
the Sick, Bury the Dead, and do all other duties according as they
are prefcribed in the Book of Comrnon-Prayer, maintained in the
Church of Eng^land^ and not otherwife : and that he which will
not conform himfelf fb to do, fhall not continue Preacher, either
to any Regiment of Engliflj, or Scotiflj, or to the Merchants.
5. That if zny Minifter, or Preacher, being the King's Subjeft,
fhall with any bitter Words, or Writings in Print, or otherwife,
defame the Government of the Church of England eftablifhed, His
Majeffies Ambaffador or Agent in thofe parts, for the time being,
is to be informed of it ; and upon notice given from him to the
State, he, or they fb offending fhall be commanded over by Pri-
vy-Seal, or otherwife, to ant\ver their Offence, or Offences here.
6. That no Colonel of any feveral Regiment, or Deputy-Governor
of the Merchants fliall give way, that their Minifier or Preacher
fhall bring any other Minifter to Preach for him in time of his Sick-
nefs, Abfence , or other neceffary employment, but fuch, as for
whole conformity to the Church and Government he will be an-
fwerable.
7. That if any Minifier, being a Subjeft of the King's, in any
parts beyond the Seas, Ihall in any Auditory, or elfewhere pub-
K k 2 licklv
10 Caroli.
Propofirions
prefented to
the Council by
the Bifhop of
London con-
cerning En-
glifli Preach-
ers employed
in Foreign
Parts.
^5
o
Hjfiorical CoUeUions.
J».j6i^.
J/iaf 17.1634.
Ikkly Speak, Write, Print or Divulge any thing derogatory to the
Doftrinc or Difcipline eftabliflied in the Church of Englmd^ or
againft the temporal State and Government, that the King's Agent
do certifie his Offence, that 16 he may be recalled by Privy-Seal.
8. That no man fliall be chofen or fent over by tlie Merchants
here, either to Dtlf^ or any other part of their Refidence beyond
the Seas ( whenfbever any place, or places fhall become void ) but
fuch a man as is conformable to the Church of EnoUnA\ and fuch
as will be carefiil to fee, that they who are under his Government
fliall obfcrve all fuch Church-duties, as are expreffed and required
in any of the former propofals.
9. That whenfbever the Merchant- Adventurers fhall become Sui-
tors to renew or confirm their Patent ( as in moft Kings times is
ufual to do ) that then there be a Claule inferred into their Patent,
to bind them to the obfervance of all, or lb much of thofe Inftru-
ftions, as fliali be thought fit by His Majefty, and the Lords, &c.
The Arch-Bifhop of Canterhwy thought fit to piirfiie thofe
Propofals, he had made to the Council, and writ a
Letter to the Merchants at Velf, to the purpo(e fol-
lowing.
AFter our hearty commendations ^ 8fC. We are commanded by His
Alajefiy to figmfe unto you that this Bearer Mr. Beaumont
chofen by joint-confent of your Company to be your Preacher at Delf,
or where elfe you {hall at any time re fide ^ is a man learned, fober and
conformable to the Doitrine and Difcipline efiablifhed in tlte Church of
England, and that you, are to receive him with all decent and courteous
ufage ftting his Per/on and Callings and to allow him the ufual anci-
ent ftipend which Mr. Forbes lately, or any other before him hath re-
ceived. And further we are to let you know, that it is His Majefties
expref Command., that both you, the Deputy, and all and every other
Merchant, that is, or jhall be reftding in thofe parts beyo/td the Seas, do
conform themfelves to the Doctrine and Difcipline fetled in the Church of
England : And that they frequent the Common-Prayers with all re-
itgiom duty and reverence at all times required, as well as they do Ser-
mons : And that out of your Company, you do yearly about Eafter, as the
Canons prefcribe , name two Church-Wardens and two Sides-men,
which may look to the Orders of the Churchy and ^ive an account ac-
cording to their Office. And Mr. Beaumont himfelf is hereby to take
notice that His Majefties expref Pleafure and Command to him is, that
he do punctually keep and obferve all the Orders of the Church of Eng-
land, a,s they are prefcribed in the Canons and the Kubricks of the Li-
turgy. And that if any of youV Cotnpany jljall /hew themfelves re-
fraflory to this Ordinance of His Majefty ( which we hope %vili not be,)
he is to certifie the name of any fuch Offender, and hts Offence to the
Lord Bijhop of London for ilte tirne bting, who is to take Order and
aive Remedy accordingly. And thsfe Letters you are to regifter and
keep by you, that they which come after may under fl and what atte His
Majefty hath taken, for the ipell-ordering of your QovR^itiy in Church-
affairs.
Hiflorical CoUeUiom,
25
affairs. And yon are likenufe to deliver a Copy of theft Letters to
Mr. Beaumont, and to every fttcceffor of his rejpeifively^ that he and
they May knorr^ what His Majefiy expects from them^ iind be the more
inexctifahk if they difohey, fhus not doubting, but that you will /hew
your [elves very reffeBful of thefe His Majefiies Coynmandsf we leave
you to the Grace of God yind re^,
June 1 7. Your very Loving Friend,
W^. Canterbury.
Ac the Star-Chamber, fum 10. 1634.
Prefent,
The Arch-Bifhop of Canterbury. Earl of Bridgewater*
Loid /(eeper. Lord Cottington.
The Arch-Bifhop of Tork. Lord Newburgh.
hord Privy-Seal. Mr. Treafurer.
Lord High-Chamberlain. Mr. Qomptroler.
Lord Chamberlain. Mr. Secretary Cook.
Mr. Secretary Windcbamk.
THis day the Board did take into Confideration, the Complaints
made from leveral parts of the Kingdom, concerning the
ftop and refufal of Farthino -Tokens, proceeding as well from the
abufe in counterfeiting the fame, as in caufing the fame to pafs, as
well in payments as for Commodities , and for Wages to Work-
men and Labourers, in greater quantities than was intended.
And whereas upon a Decree lately made in the High Court of
Star-chamber., the 2 ^^th day of xiprrl laft, wherein Sir Francis Crane
Knight, was Plaintiff againft Will: am Hawks and others, for making
and venting counterfeit Farthing-'Tukens, their Lordfhips did call
to mind, that there was confideration likewife had, and provifion
made by the laid Decree againft the abufe in forcing the fame upon
men for Wages and in other payments, and direfting the riglit ufe
to be made of them for the good and benefit of the Subjed, ac-
cording to His Majefties Royal Intention, and the Proclamations
pubhfhed in that behalf :
It was therefore by the Board thought fit and Ordered, that fb
much of the faid Decree as concerned the regulating of the bufi-
nefs de fituro., fliould be fet down in this Order, and together witli
the fame, be forth\\'ith Printed and Publifhed, which part of the
faid Decree doth accordingly follow in thefe words.
10 Caroli
The Court being informed^ that by the abufe of fame particular per-
fonsy whofe only aim is to make a private gain and profit to themftlves,
His Majefiies people are much ab:fed in many parts of this Kjngdom.,
and poor Labourers , whofe necefjiucs arefuchy as enforceth them to take
their hire in any money ^ire compilled many times to take their whole weeks
Wages in Farthings, from ftch as buy great quantities at low rates^ and
make a Commodity thereby : Which abufe ^ as it is already become a great
burden and grievance, to His Majefiies people in many parts oftlje Realm,
(0
Order in the
Court of Star-
Cliamber con-
cerning F.ir-
thing Tokens,
and the impo-
fingthem on
the people for
Wages.
252
Hijiorical ColleBions.
An. 1634.
Attorn" Regis
Noy vers" O-
vertnan &■ iC
Soap-boilers.
Ufing Fifh-
Oyl in Soap-
making.
Not fuffering
the A(Tay-Ma-
fter to try or
mark their
their Soap.
Unlawful
Meetings to
fet Price on
their Com-
modities.
fo it is to ht feared it will hereafter turn to the great difadvantage ofHii
Majejlies Patentees, if it be not remedied by a timely Reformation.
Their Lordjhips being nnlling to prevent and meet with fiich ^roivin^
evils J *nd defiroiis to remove the inconveniences of forcing His Alajt-
Jlies Subjects to take fuch great quantities of Farthings in Payments ;
which Farthing-Tokens rightly ufed , are of them fives very ufeful
and necejfary, and were made chiefly for the relief of the Poor, and to
be vented and ufed only for exchange in fmall Sums, but not to be put
upon any in great Payments, have thought fit and Ordered, and it is by
this their Lord/hips Sentence declaredy That it is utterly unlawful^ and
exprejly contrary to the true meaning of His Majefies Letters Patents
and Proclamation, that any fnch Farthing-Tokens fljould be inforced
upon any poor Labourers or Workmen ^ or other perfons in any Payment s^
either of greater or lejfer Sums.
And they declare fur t her ^ That they think it fit that no perfon
fbould pay above Two-pence in Farthings to any other perfon at any time.
And this Court doth alfo declare it to be unlawful., for any Man to buy or
barter for any Farthing j at, or for lejfer rate than they are ufually ven-
ted by His Majejlies Patentees, to whom the fole making thereof is
granted, and upon whom the re-change thereof lyeth at the fame rate :
And if any perfon fJjall be found herein to offend in either ofthefe kinds,
this Court is refolved fever ely to punifh the Offenders. And the Court
doth withal hold fty and defire that His Majejiy /houid be moved, to
declare and command the fame, by His Hi^hnffs*s Proclamation, to be
publijhed throughout this Kjngdom, that fo the true ufe of thofe Far-
thing-Tokens, intended for the good of the Poor, may be continued,
and the abufes aforefaid may either be prevented, or pnnijhed,
Tr'in' Term 1634.
^"'He Defendants ht'mg Soap-boilers oi t\\tC\ty o'l London, did,
contrary to His Majefties Proclamation , ufe divers great
quantities of Fifh-Oyl in making their Soap, and lome of them alfb
ufed Spyke-Oyl in the making thereof, to quaUfie the fcent of the
Fifh-Oyl; His Majefty, by tiiat Proclamation, having prohibited
the ufe of any other Oyl , than Olive and Rape-Oyl to make Soap
withal, fo as it might be fweet, and more ferviccable. And the
Defendants, Griffin, Cope, and Revel, in further contempt of His
Majefties faid Proclamation, and in contempt and oppofition to His
Majefties Letters Patents, granted to the new Corporation of
Soapers of Wefiminfter, and by the inftigation and encouragement
of the Defendant, Whitwell refufed to fufFer the AfTay-Maiter for
Soap to try, or mark their Soap, although His Majefty, by his laid
Proclamation, commanded the doing thereof, and that none fliould
be fold until it were marked and tryed ; and albeit the Defendants
: were no Corporation, Body, or Fellowfhip by any lawful Autho-
rity, yet the Defendant Overman, Baker, and Troughton, with o-
: thers, did at feveral times, and at feveral Taverns in London, allem-
ble themfelves together, to confer about the Sale of their Soap,
and buying of Fifli-Oyl of the Greenland-Company, and did there
conclude and agree, not to fell their lecondbeft Soap under 54/0
the
Hiflorical CollcUmis,
2-55
the Barrel, and did after iell it at greater Rates, and did buy 600
Tun of Fifli-Oyl not long after to Life in making their Soap ; and
for thefe Offences tliey were all committed to the Het /■, during His
Majelf ies Pleafure : (jriffin ^ned 1 500 /. Overman the elder, and
Whttivtll 1000/. a-piece : Baker, Tro/cohton, Cope and Rcvell 1000
Marks a-piece : H.ird-rid, Overmnn Jun', Barefoot , Hms, Hyndr,
IV.tfher, Barber, Weed-n and Moncke 500 /. a-piece, and all of them
difabled by themfelvcs, or their Work-men, Servants, Agents, or
any other, to ufe or exercife their Trade of Soap-boiling at any time
hereafter.
Mich. Term, i 6 ^ ^,
lo Caro/i.
Difabled to
ufe their
Trade.
-T^^Here happened this Term a fudden Remove in the Court of
I Cornmon-?kai '. Sir Robert Heath who was Lord Chief-Ju-
ftice oi the Common-Pleas was removed, and Sir Jo. Finch was fworrl
Lord Chief- Juftice of that tourt. Great were the Difcourles
what the occafion fliould be of that fudden Advancement. But
Four days after the Writ for Ship-money coming forth, it Vv-as con-
ceived, by common Difcburfe, that he was to be inllrumcntal to
advance that bufinefs.
And on the i6th of October the Lord Keeper Coventry made this
Speech unto him, at the time of his Inftallment in the Court of
Cornmofi-Pkas.
The Lord Keepers Speech to Sir John finch, at the time he
Wii^to he made Chief -Juftice of Common-Pleas, the i6th
of Odober 1634.
Mr. Serjeant tinch.
'"T^He Kings Majefty calling to mind your many Services i6
|_ Himfelf, and the Q^een, and knowing well your great
Learning, accompanied with much Dexterity in the accom-
plilhing of Bufinefs of weight, hath appointed you to fucceed in
the Place vacant in this Court, and here to fit as Chief- juftice.
hi this you iee a manifeft Argument of fingular Goodnefs of!
the King and Queen, ib mindful of their Servants, imitating God
above, that rewardeth not feamdum, fed ftipra Bona Opera. Now
as many heretofore, fo you in your due time have caule to ac-
knowledge with David., that yonr Crip doth overfton\ As this is a
great comfort to lee your Endeavours not only favoured with
Acceptance, but Crowned with Reward; fb it will inftru6l you,
( your Service having brought you Promotion ) and put you in
mind of your Service, that the Gifts of Princes, though they are
fine alicjHo reddendo^ yet they are not to be reckoned fb by them that
have them ; but as Fruits fown in Fruitful Ground to them that
receive them .• and of this nature is your Place, which your Ma-
fter gives you to ferve him in ; and yet you muft lerve him lb, as
you may" be fruitful to His People. I remember in Rottdo Parlia-
7mnti
Upon the Re-
moval of Sir
Kobat Hntb
from being
Lord Chief-
Jufticeof the
Common-Ple.t.',
Sir John
Fincb, the
Queens Attor-
ney, was cho-
fcn into that
Place.
254
Hifiorical Colleciiom.
^z?. 1654.
' menti 20 Ed. i. in a great Caufe between Himphry. de Bohiw^ and
' Gilbert de Clare ', It was faid of that ly/nz, he was as great a Law-
^ giver, as a Viftorious Prince, and therefore Ity led the ['j./Jliaia/i of
' England, Rex omnibm '[fnftttU Ltbitor. The King, Our Mafter,
* as much as any, makes the fame acknowledg ment in Praftice :
* never any King, I may lay, never any Man of jufter, or more up-
^ right Heart, that equal fuftice fliould be miniftred to His Sub-
* jecls ; for he knows well, that Rex c^- H'tbditi/s are Correlatives,
' even as Man and Wife ; and the Emblem of King not wanting
' betwixt them. As the Subjeft owes Obedience, fo the King Pro-
' teftion and Juftice. This Debt is Dtbitum 'Jnfini.e^ too great
* and heavy a Burthen to be born by a King, compounded only of
' Mortal Flefh, were it)iot that His Councet were as Religious and
* Juil, as be is Wife and Politick ; and thereby the Lead of the
' King's Bufinefs is lighted, by laying a part of the great and inljp-
' portable Burthen upon the Judges: For His Ltbitum Jufiitu,
* which is the Debt of a King primarily, by a Secondary Means be-
* comes the Debt of Judges, and under as great Bonds as may be;
' Greater there cannot be to bind the Confciences of Men. The
' firft Bond is Dthitim Patri^, due to all the Kings People, whole
' Caufes and Places are the proper Subjefts of this Tribunal, and
* whofe flourifhing Eflate depends much upon the Jult Proceedings
* of this Court. Were there no other Motive, yet this that pre-
* vails among the Heathen, Jmor PatrLe, were ftrong enough to
' make Judges defirous of this Duty. The fecond is Dtbitnm Heoi ;
* for he trufts them with his Richefl Treaflire, that which is dearer
* than the Apple of His Eye. His Juftice is one Prime-part of His
* Oath at His Coronation, Fades peri in omnibus '\fnfiitia.m ALq'iam
* & Re£tam : And what you are to give the King for this, you fhall
* need to go no farther than your Oath, the negleft of which puts
* you to the Will of the King, for Body, Laws and Goods. The
* third the greatefl: of all, Debitum Deo, as he is the Fountain of al!
' Juliice, and a fearful avenger of them that do the contrary. And
' three ways I fhall mind you how this is a Debt to God. Firft,
* Ratione Juramenti, by reafon of your Oath, for the immediate
* relation it hath to God ; that it is Rtligio 'Juris'ptrand', and there-
* fore, under this Oath, you are bound to God in a full difcharge.
' Secondly, Ratione Loci, for the Seat of Judges ; God fits ^vhere-
* on you fit ; and you may alTure your felf , that he that fets you
* there, will take ftrift account of you. Thirdly, Ratione Judicii :
* The Judgment it felf is Gods, if you be upright, as you ought.
' It is faid in the S^d Pfabn, God flands in the Congregation of Prin-
*■ ces, is the Judge among Gods ; and fb when you fit here, you
* muft think God is in your Face to give Judgment as it is right,
'■ or otherwife to punifli ; and therefore when you fhall fit your felf
* on your Cufhion, either here, or in any other place, you have
* caufe to fay, as Jacob did when he had llept in Bethel, Ho.v dread-
*■ ftil is this Place I This is the Houfe of God. This in the general.
* I fear I have fpent too much time ; I will make amends in thePar-
* ticulars : Somewhat for Order. Communia Placita, the Pleas of the
' People ; as they are numberlefs, fb neceffarily muft their Pleas
'■ and Caufes be, therefore they are all Civil, whether for Lands,
* Goods real, perfonal, or mixt : they are the proper Objcftof this
' Court.
Hiliorkal Colle&ion
IS.
^55
Court, rirfl: therefore, you miift ufe diligence in attending and
dif[)atcliing the multitude of bufincls in this Court. . Common
Irtdailry may diicharge Common Employment ; but this is Super-
lative and TranfGendent, and therefore your diligence muft be
extraordinary. Second!}', you muif ule great Patitjuce in Matters
brought before you : I mulf confefs, that a multitude of Eufincfs,
and a Good-will to dii]:>atch, will as foon try ones Patience as any
thing ; yet whatfoevcr Tryal you are put to, be not from your
Tryai. Nothing better becomes a Judge than Patience. Third-
ly, you muft ule great caution in difcerning thofc things brought
before you ; for thole that have ill Caules will omit no endeavour
to beguile you : therefore you muft keep Watch and Ward, and
try eveiy thing, that no Counterfeit come to be put upon you.
Then, in the lourth place, it is neceffary to ule all expedition.
Nulii deftrt:mus is coupled with Nnlli mgahinMs, Nnlh •vtndemu-s
'^ufthixfn • all three naught, and none can tell which is the worft.
In the firft place, I Oiall advile and vt^ifli you, in all your Judg-
ments, to infill: upon the ancient ways of your Common Law.
New Opinions are many times in a Councellor retain'd, to defend
a Side ; but they llrand not with the Gravity of a Judge. To in-
vent or find out any thing is commendable in a Councellor, but let
a Judge ftand fufcr anticfiuts ■vias ; for Lvx Loci^-j^'Confimtudo An^^-
U.e is all in all. One Particular more, which ( I think ) condu-
ducetii much to Juftice, is, to give all encouragement to the
good and expert Clerks of this Court. It hath ever been the
great Commendation and Honour of this Court to be furniflied
with the beft Clerks. Thele encourage others, inform, and re-
duce to the lame purity of Pleading, which ( as Mr. Littleton
faith ) is One of the moft Honourable things in the Law. And
if a Man oblerve what a multitude of juft Caules are overthrown
by vitious Entries, and Pleadings, he will have juft caule to be-
lieve it. I know to whom I Ipeak. Your great Underftanding
and Judgment, and that Integrity in you, need not that I fliould
lay half this : and vet, confidering what Order is, and the Duty
of my Place, and affection to your Perfon, I could do no left. I
Ihall fliut up all in Two Mmfntos. The one, That the Juftices
of this Court are Ifyled by the Name of J/ilfitianj without Addi-
tion, and the Procels likewile coram 'J/tftitiariii without Addi-
tion, Addition, for the moft part, diminifhes. It is an Honour,
and Ibmewhat more, that it hath been attributed more to this
Court than to any other. Think on it, and let it be an occafion for
you to think what it is, and to follow it. The next Memento is,
to remember the Catalogue of your Predeceffors : for I may be
bold to lay, as many and Reverend Men have been upon the
Cufliion in this Court, as ever fat on any ; elpecially the remem-
brance of the beft is the beft Inftrudion and Leftbn to your lelf
Out of my true and hearty affeftion to you, I wifli you may often
think of them ; and lb think of their Ways, that your Ways
may exceed, and out-run the beft.
ht
Finch,
"MHiil'llTt-n
lO L'arol/.
256
Hiftorkal Colle&ions,
An. 1634-
Finch, Lord CJ?ief-Juftke of the Common'-?\ea.Sy his Speech,
in anfwer to the Lord Keeper , at the time of his In-
j} aliment.
May it pleafe your Lordfliip,
LeVis eft Dolor, qui Con ft Hum capere potefl.
r" Reat Joy brings forth no lels, and breeds no left perturbation
J in their thoughts that enjoy it. How it muft then be with
me, at this prefent, I leave to your Lordfliip to judge. To my
felf, I muft confefs, I appear hke one for a long time fhut up in a
dark Room, upon whom a great Light, onafudden, hath broken
in. I mufe at the confideration of my own weak acknowledg-
ment of the Kings Goodnefs fhining upon me at this time. Ig-
notm moritur fibi, is a fad finifliing of a Man's o\\'n Courfe. I
fhall crave your Lordfliips Patience ; and if I live, fhew you how
unwilling I am to live the one, or die the other. I have now
fpent { I would I could fay not mif-fpent ) Thirty-four Tears in
relation and practice of the Common-Law ; Relation I call it ,
for the firft Six Tears beftow ed by me in the Books of Law, by
fbme unhappy means I was diverted, and my Refblution fitted to
another way for Forreign Employment, to which, after A'ine or
Ten Tears, I was defign'd : and at that time, the Great Sealhtmg
put into the Hands of that High-Treafurer of all Learning and
Eloquence, the Lord of St. Alhans, (pardon my good Lord, if
my never-forgotten Favours defire to revive him, whofe faults let
them be buried with him in the Grave ; I remember his Vertues )
by him was I invited to the Practice of the Common-Law. His
Fall, and other Misfortunes to your Lordfliip not unknown, drew
me from my Study : But afterwards, refolutely turning my Hand
to the Plough again, it pleafed God to fend your Lordfliip that
Place, which now you hold, (which God continue) and my
Prayer fhall be ever from the bottom of my Heajt, that Imay ne-
ver fee it in another Hand : and when Atahnta-tike I ftooped at the
Ball of Profit, neglecting the Goal of Honour, fpending my time
more in the Service of the Subje£t, than my own Good ; He, in
whofe Hands the Hearts of Kings are, ha^h bowed the Heart of
my Gracious Sovereign and Mafler to me ; and I learn to think
that is beft which he doth, and fb fubmii: mylclf to His Pleafi^ire.
This hath bred in me feveral Meditations, fome of Comfort and
Confolation. Here fit by your Lordfhip Three Grave and Lear-
ned fudges well-verfed in the ways of this Grave Court; and I
am as confident of their particular Affeftion to me , as certain
of my own to them; two of the fame Society where I was bred,
my Ancient Acquaintance; and from the third I ever had are-
fjoeftive Carriage. I fhall think it no difparagement to f^e \yith
their Eyes, to hear with their Ears, and to fpeak with their
Tongues, till my own Obfervation, and what I fliall hear by them,
may make me more fubftantial. In the Gofpel of Chrtfl His Coat
is faid to be mfhout Seam ; and in the Pfa/mSj that the Qjteens
' Vefinre
Hijiorical ColieBioiis,
257
Ftfiure mas of divers Colours : upon which one of the Fathers
makes this Obfervation , In Vejie varitt.ts, ScifUra nnlU. Some-
tinies we may differ in opinion ; but our Hearts fliall be Uke our
Robes. My chiefeft Comfort is in the confidence of your Lord-
fliips Noble Favour, whom I fhall ever fet as a Mirror before my
Eyes. I count it happy, that I fhall attend your Lordfhip in a
Court whereby I may learn, and you lee my Endeavours to fol-
low your Precepts and Example, which hath ever been accompa-
nied v\'ith all \'ertues : The amirance of the Kings Majefties Fa-
vour is Kappinefs, as fit for my Wonder, as for my Words. At
His firft Accefs to the Crown, He was pleafed, upon fbme finall
occafion to caft a Princely Eye upon me ; after He made me of
His Learned Council, and then commended me to the Service of
my ever moll Gracious and Excellent Miftrels ; and fiill doubled
His Favours in continuing me in His own Service. Afterward He
pricked me out to the Parliament to ferve Him and the Common-
wealth ; and though my own difability made me feek to decline
it, Himfelf gave me means to fupport it, ( a thing before not
known ) and found out a way to add Ibme more value to me, by
ranking me above others before me in Place and Merit. Thefe,
and more Favours innumerable have comforted me ; that nothing
but my own demerits can lelTen His Grace to me. I begin to
think of what Demajthenes faid to the People of Athens, when
they chole their Officers :
' To take up Thoughts and Cogitations fit for the Greatnefs and
Dignity of this Place ; and in that I cannot but remember thofe
Judges which Jcthro commended to Mofes, ( whom your Lord-
fhips remember ) Men Timentes Deitm, & qui odemnt az>aritia?n.
His Majefties Love fhall make me hate all bale and fordid
Thoughts, and ftir up in me all Zeal to His Service. For upright-
nefs between Man and Man, I fliall need no other Argument but
the julhiefs of His Rovalty, who likes beft of thole Servants that
beft diftribute His Juftice to His People ; for the refl", Levari ocu-
los meos in rnontcm^ unde vtnit Aiixilittm ; Gods Grace criv^e me
afliftance, as he did to the poor Fifliermen. I fliall account it
your Lordfliips great Favour to make my humble Recognitions
and Refblutions, with the beft advantage of your Lordlhips Ex-
preffion, known to the Kings Majefty.
Carolm Rex, 8cc.
^~Y~^0 the Major ^ Co?mmnalty^md Citizens of Our City ofLondotiyind
J to the sheriffs of the fame City, and good Men in the faid City, and
in the hthertiesymd Members of the fame, Greeting. Becatife We are (riven
to under ft and, That certain Thieves, Pirates, and Robbers of the Sea, as
rvell Turks, Enemies of the Chriflian Name, as others, being gathered to-
gether,wickedly taking by force, and Jpoiling the Ships, and Goods, and Mer-
chandizes, not only of Our Subjehs, but alfo of the Subjects of Our
Friends in the Sea, which hath been accuflomed anciently to be defended
by the Englifh Nation ; and the fame, at their yleafure, have carried
away, delivering the Men in the fame into mi fr able Captivity : Jnd
forafmuch as We fee them daily preparing all manner of Shipping, far-
ther to molefi Our Merchants , and to grieve the Kjngdom , unlefs
L 1 2 remedy
ID
Caroli,
20. OHob. 10
The firft
Writ for
Ship-mony.
258
Hiftorical Colle&ion^,
Af/. 1634- I remedy be not focner applied, and their Endeavours be not more manly
met withd ; aljo the dangers confidered^ which j on every (ide^ in thtf.
times of War do hang over Our Heads , that it behoveth Vs^ and Our
S/ibjc'ls, to ha(len the Defence of the Sea and Kjngdom with all expe-
dition or [peed that We can ; We willing by the help of God chiefly to
provide for the defence of the Kjngdom y Jaf guard of the Seay fecurity
of Our Siibjefls , fife Londuti of Ships and Mcrchandtz.es to Our
IQngdom of England comings and from the fame IQnqdom to for-
reign Parts pAJfmg ; forafmuch as We, and Our Progenitors, Kjngs of
England, have been always heretofore Maflers of the aforefaid Seay
and It ivonld be very irksome unto 'Vs, if that Princely Honour in Our
times JJjould be lojl, or in any thing dtmini^jed^ And dtlmugh that
Charg e of defence^ which cancer neth all Men, ought to he fupported by
ally as by the Laws and Cuftoms of the Kjngdom of England hath been
accuflomed to be done : Notwitb[landtngWeconfideringy that you Con-
ftituted in the Sea-Coafls, to whom by Sea as well great dangers are im-
minent y and who by the fame do get more plentiful Gains for the defence
of the Sea, and Confervation of Our Princely Honour in that bJialf,
according to the Duty of your Allegiance againft fuch Attempts^ are
chiefly bound to fet to your helping^ hand ; We command frmhy en-
joy ning you the aforefiid Major y Commonalty and Citiz,ensy and Sheriffs
of the faid Cityy and the good Men in the fame City, and in the Liber-
ties, and A/e?nbers of the famey in the Faith and Allegiance wl)trein ye
are bound unto Z)Sj and as ye do love Usy and Our Honour y and under
the forfeiture of all which ye can forfeit to 'Vsy That ye caufe to be
prepared and brought to the Port of Portfmouth, before the firfl Day
of MarcJl now next enfuing, one Ship of War of the Burthen of Nine
Hundred Tuns, with Three Hundred and Fifty Men at the leajl, as
well expert Maflersy as very able and skilful Mariners ; One other Ship
of War of the Burthen of Eigiit Hundred Tuns, with Two Hundred
and Sixty Men at the leafy as well skilful Majhrsy as very able and ex-
pert Mariners : Four other Ships of War, every of thon of the Bur-
then of Five Hundred Tuns, and every of them with Two Hundred
Men at the leafy as well expert MafierSy as very able and skilful Mari-
ners ; And one other Ship of War, of the Burthen (?/ Three Hun-
dred Tuns, with a Hundred and Fifty Meny as well expert MaflerSy as
very able and skilful Mariners I And alfo every of the faid Ships with
Ordnance, as well greater as lef^er^ Gun-powdery and Spears and Weapons,
and other neceffary Ar?ns fiffcient for Wary and with double TackUngy
and with Viflualsy until the faid fir ft of March , competent for fo
many Men ; and from that time, for Twenty-fix weeksy at your Char-
ges, as well in Vitiuals as Mens Wages y and other things necefary for
War, during that time, upon defence of the Sea in Our Servicey in
Command of the Admiral of the Seay to whom We fljall commit the Cu-
ftody of the Seay before the aforefaid firfl Day c)/^ March, and as he,
on Our behalf y fljall command them to continue ; fo that they may be there
the fa7ne dayy at the fartliefly to go from thence with Our Ships, and
the Ships of other faithful Subjeflsy for the fafeguard of the Sea, and
defence of you and yours , and repulfe and vanquifljing of whomfoever
bu flying t hem fe Ives to molefl or trouble upon the Sea Our Merchants, and
other Subjeilsy and Faithflul People coming into Our Domir.ims for
caufe of Merchandize y or from thence returning to their own Countries.
Alfo We have Affigned youy the aforefaid M3.'pr and Aldermen of the
City
Hiflorical Colle&iom.
259
City afortftidj or any thirteen^ or more of you , within thirty days af-
ter the receit of thii Writ ; to Jffeff all men in the faid Cityj and in
the Liberties J and Members of the (ame, and the Landholders in the
fame, not having a Ship, or any fart of the aforefaid Ships, nor fer-
ving in the fame, to contribute to the expences^ about the necejfary pro-
ziifion of the premifes ; and to Affefi and lay upon the aforefaid City,
with the Liberties and Members thereof, viz. upon every of them ac-
cording to their Eflate and Subftances, and the portion Ajfeffed upon
them ; and to nominate and appoint Collectors in this behalf Alfo we
have Affigned you , the afore'faid Major, and alfo the Sheriffs of the
City aforefaid, to levy the Portions fa m aforefaid AJfeffed upon the afore-
faid men and Landholders, and every of them in the aforefaid City, with
the Liberties and Members of the fame, by diftref and other due
means ; and to commit to Prifon all thofe, whom you fljall find Rebel-
Holies and contrary in the premifes, there to remain until We jhall
give further Order for their delivery. And moreover We Command
you, that about the Premifes ye diligently attend, and do, and exe-
cute thofe things with effect, upon peril that fh all fall thereon : hut We
will not, that under colour of Our aforefaid Command, ?nore jhould be
levied of the faid men, than (hall fifjice for the necejfary expences of
the Premifes ; or that any, who have levied mony for Contribution,
to raife the aforefaid Charges, fjould by him detain the fame^ or any
part thereof ; or jhould prefume, by any manner of Colour^ to appropri-
ate the fame to other ufes ; Willing, that if more than may be fuffici-
ent jhall be Collected, the fame may be paid out among the Contributers,
for the rate of the part to them belonging.
Witnefs My Self, at Weflminfler the %oth day oi October,
in the 10th year of Our Reign.
The Writs going the next year into the Inland-Counties, thefe
Inltruftions following were prepared to be fent into every
County, for the better executing of the faid Writ.
InfimHions and DireHlons from the Lords of the Council, for
the ^jfejfmg and Le\>jin^ of the Ship-fnony agamfi this next
Spring.
A'
Fter our hearty Commendations ; Whereas His MajeftY hath
^ , lent His Writ to you the High-Sheriff of the County of Mid-
dlefex, and to the High-Sheriff of the County of Hartford ; and to
the Majors and other Head-Officers of Corporate Towns within the
faid Counties, to provide one Ship of two hundred and fifty Tuns
befides Tunnage, to be furnifhed with Men, Tackle, Munition,
Viftuals, &c. and other necelTaries ; to be fet forth for the fafeguard
of the Seas, and defence of the Realm, at tlie charge of the faid
Counties, and Corporate-Towns in the fame.
We
10 Caroli.
260
An. 16 J4.
Htjiorical ColleUions.
3300 /.
Midd. 1800/.
Hirtf. I 500 /.
We(lm. 350/.
We are by His Majefties direftions and exprefs Commandment,
to let.you know,that he hath upon moft important and weighty Rea-
(ons concerning not only His Majefties own Honour and the ancient
Renown of this Nation, but the fafety of your felves, and all His
Subjefts in tliefe troublefom and War-iike-times, lent out the afore-
laid Writ unto you, and the like into all the Counties, Cities and
Towns throughout the whole Kingdom ; that as all are concerned
in the mutual defence of one another, fb that all might put to their
helping hands , for the making of fuch Preparations, as ( by the
blefling of God) may fecure this Realm, againft thofe dangers and
extremities which have diftrelfed other Nations, and are the com-
mon effeds of War, whenfbever it taketh a People unprepared :
and therefore as His Majefty doubteth not of the readinefs of all
His Subjects to contribute hereunto wdth cheerfulnefs and alacri-
ty ; fb he doth efpecially require your care and diligence in the or-
dering of this bufinefs, fb much concerning His MajelHe, and all
His People, that no meanalty nor other mifcarriage may either de-
ter or difgrace the Service, which in it felf is fb juft, honourable
and neceffary : for which caufe we have, by His Majefties like-di-
reftions fent you, together with the faid Writs, thele enfuing Ad-
vices and Inftruftions, for your better proceeding : M'hich upon
the receit hereof, you the Sherif of the County of Middkfix are
prefently to communicate with the Head-OiHcers of the Corporate-
Towns in that County.
Tirfi^ That you meet with the Sheriff and Head-Officers In the
Writ mentioned, and that you make Affeflfments how much each
of the faid particular Counties fhould pay towrrds the letting forth
of the faid Ship according to the tenor of the faid Writ. And
becaufe divers of you may be acquainted with the charges of fuch
Maritime preparations, and the miftaking thereof might hinder the
Service, we have thought good to let you knovv, that upon a jufb
and due valuation, we find, that the Charge of a Ship furnifhed will
be 5^00 /. whereof we think fit, that the County of Middkfix
bear 1 800 /. and the County of Hartford 1 500 /.
That the City of We(tmin(ler and the Liberties bear 350/. and
the refl of the County the refidue of the faid fum of 1 Soo /.
Secondly, When you have fetled the General AffelTments, we
think fit that you fubdivide the fame, and make particular Alleil-
mentSjin fuch fort as other common Payments upon the County and
Corporate-Towns aforelaid, are moft ufually fiibdivided and alTef-
fed ; and namely, that you the Sheriff ^w'v^o. the whole Charge laid
upon the County into Hundreds, Lathes, and other divifions, and
thole into Parifnes and Towns ; and the Towns and Parillies rnuft
be rated by the Houfes and Lands lying within each Parifh and
Town, as is accuftomed in other Common Payments, which fall
out to be payable by the County, Hundreds, Lathes, Divifions, Pa-
riHies and Towns. And whereas His Majefty takes notice, that in
former Afre{rments,notwithflanding the expreS orders given in Our
Letters to eafe the Poor, that have been Affeffed towards this fer-
vice, poor Cottages and others, who having nothing to live on,
but
•^Sf^
Jri iflorical Colletfions.
261
' — ■''''" ' '■' ■ ■■'■ inaiii^
but their AaWj woik ; which is not only a very charitable Aft 'in\
it felf, and grievous to ftich People, but can admit no better in-
ftrutlions, than that it wds done out of an adverfe humour, of
purpofe to raife clamour, and prejudice the Service.
Wherefore His Majefties exprefs Command is , that you take ef-
fectual caic, and order by fhch Precepts and Warrants as you iiTue
for this Service ; that no Perfbns be AiTcired unto the fame, unlets
they be known to have eftates in Mony, or Goods, or other means to
live by,over and above their daily Labour : and where you find luch
Perfbns to be taxed, you are to take off what fliall be fet upon them,
and lay it upon thofe that are better able to bear it. And that you
may the better fpare fuch poor People, it is His Majefties pleafure,
that where there Ihall happen to be any man of ability, by reafbn
of gainful Trades, great Stocks of Mony, or other uiual Eftates,
whoper-chance, have or occupie little or no Land, and confequent-
ly in an ordinary Landlcot would pay nothing, or very little ; fuch
men be rated and alTelTed according to their worth and ability : and
that the nionys which fliall be levied upon flich, may be applied,
not only to the fparing and fjeeing of the fuch poor people as afore-
faid, but alfb to the eafing of flich, as being either weak of Eftate,
or charged with many Children, or great Debts, or unable to bear
flich great charge, as their Lands in their occupation might require,
in an ufual and ordinary proportion ; and the like caufe to be held
by the Head -Officers in the Corporate-Towns, that a poor man be
not fet in refpeftof the ufiial Tax of hisHoufe, or the like, at a
greater fiim than others of much more wealth and ability ; and
herein you are to have a more than an ordinary care and regard,
whereby to prevent complaints of iriequality in the AfTelTments,
M'hereby we were much troubled the laft year.
Thhdh, To the end this may be effefted with more equality and
expedition, you the Sheriff are to govern your felf in the AfFelf-
ment for His Service, by fuch publick payments, as are moft equal
and agreeable to the Inhabitants of that County ; and for your
more eafie and better proceeding herein, after you have accord-
ingly rated , the feveral Hundreds, Lathes and'Divifions of that
County, you may fet forth your Warrants to the Conftables, re-
quiring them to call unto them, fbme of the moft difcreet and fuf-
ficient men of every Parifli , Town or Tything, and to confider
with them how the fum charged upon each Hundred, may be di-
ftributed and divided as aforefaid, and with moft equality and in-
difFerency; and to return the fame in Writing, under their hands,
with all pofTible expedition : which being done, you are to fign
the AfTeffment fet on the feveral Perfbns of every particular Parifli,
Town or Tything, if you approve thereof; and if for inequality
you find caufe to alter the fame in any part, yet after it is fb alter-
ed, you are to fign the fame, and keeping the true Copy thereof,
you may thereupon give order, for the fj^eedy Colleftion and Le-
v}'ing of fuchfums accordinglv, by Conftables of Hundreds, pet-
ty-<i^onftables and others, ufually applied for Colleftions of other
Common Charges arid Payments ; and when any fhall be hy them
returned to you, either to have refufed or negleded to make pay-
• ' ' ment.
10 droit.
Npc to Aflcfs
poor Cottages,
txrept means
in Mony or
Goods, to live
O'/er and ^
above their
labours.
If Taxed,then
CO alter it.
Perfons of abi-
lity by rcafon
of gainful
Trades, &c.
occupying of
no Land, to
be rated by
their abilities
No man to be
fet by ufual
Tax of his
Houfe, at a
greater fuin
than men of
great abilities.
To proceed
according to
payments a-
greeable, and
moft equal to
the Inhabi-
tants of the
County.
ToAffign the
AneiTmtnt if
approved of,
otherwife to
alter and keep
a Copy.
i6i
The Writ to
l)e executed
upon luch as
refiife, cauling
dilirelTes to be
taken and fold
for their Af-
felTmcnr, and
their char-
ges, &c.
Hiftorical ColleBiom.
Clergy to be
Aliened for
the prcfent.
Upon 3 com-
pliintby a
Clergy-man,
the Diocefan
or Chancellor
is to hear, &c.
Puniflicth tlie
Complainant,
fo, &c.
Perfons refu-
fing to do
their Office,
to bind them
over to the
Board.
Refufmg to be
Bound, to
Commit them.
ment, you are without delay to execute the Writ upon them, cau-
ling DiftreiTes to be taken at' them, to be fold for the payment of
the AlTeiTmcnt, and the juft: charges thereupon arifing, and the
overplus oi the Diftrefles to be rendred back. And you the Head-
Officers of the Corporate-Towns aforefaid, obferving your ufual
diftribution by Wards, Parifhes or otherwife , as is accuftomed
among you, for your common payments, are to do the hke by your
felf and your feveral Minifters under you refpeftively, as is before
appointed to be done by the Sheriff, \o far forth as may be agree-
able to the courlc and ftate of your Town or Corporation in the faid
feveral AfTelfments of each Parifh ; as well you the Sheriff, as
you the Head-Officer of the faid Towns, are to caufe to be parti-
cularly expreffed, how much every Clergy-man is rated for his meer
Ecclefiaffical Poffcffions, and what for his Temporal andPerfbnal
Eftate; and to fend to this Board under your hands within a
month after the Affeffment made, and returned to you, and figned
by you , an exacb and true Certificate, as well what is fet upon
every Parifli in general, as particularly upon every Clergy-man, in
each of them as aforefaid.
Return a Note to the Board of the j4jft'jfment, and the Names
of the Clergy-men within a month.
Fourthly, Concerning the Affeffment of the Clergy : Albeit His
Majeffv is refblved to maintain all their due Priviledges which they
have enjoyed, in the time of his Royal Progenitors ; yet being it
hath not been hitherto made fufficiently appear to His Majeffy or
this Board, what Priviledges have been allowed to them in former
times,touching Payments and Services of this nature ; His Majeffy is
pleafed, that for the prefent you proceed to tax and affefs them for
this fervice ; and to receive and levy their Affeffments, as you are
Authorifed to do of the reft of His Majefties Subjefts ; but with this
care and caution, that you and your Minifters fail not to bear due
refpeft both to their Perfbn and Calling, not fuffering any inequa-
lities, or preffures to be put upon them. And as His Majeffy is re-
fblved that flich your Affeffments and Proceedings fliall not be pre-
judicial in the future to them, or any of their Rights or Priviledges,
which upon future fearch fhall be done unto them : fb His Maje-
fties pleafure is, that where any Clergy-man flnall find himfelf juft-
ly grieved; upon complaint made to xht Diocefan, under whom he
is, or to. his Chancellor, or to fuch other Perfbn as the Diocefan
ftmll appoint ; you with fbme of them fliall liear the fame com-
plaint, and ( if there be caufe ) relieve the Party complaining ac-
cording to equity ; but if the Complaint fhall be altogether frivo-
lous and cauflefs, then the Diocefan is to punifh the Complainant.
Jv/>y^/v, If any Conftables, Bayliffs, or other Officers, re'fufeor'
negled to do their duties in obeying your Warrarits,eirher forAffef--
fing ,Colleftir^, or Levying, or for doiiig any other thing incident or
neceffary for this fervice, you are to bind them over to anfwer fuch
their faults, and negleft of the Board ; and if any of them refliffe'
to enter into fuch Bond, tTien you are to commit them till they
fhall enter into fuch "bond acicdrdingly, or perform their Dutie'sac-
c:oxding
/
Hijiorical ColleBions.
162
cording to your Warrants. That you are to take fjiecial care in the
mean time, that norvvithftanding their refufal or retraftorinefs,
the AlTeirmg, Collefting and Levying of the mony for the ftid Ser-
vice, do proceed by your ielf, and fuch others as you (hall appoint,
and find more ready to do the (ame , the doing of the ^ervice be-
ing by His Majefties f-f ^r/> commttted to your felf. And tliercfore
howlbever for your eafe and better dilpatch of thebufinefs we Hke
well, that you require the AlTiftance of the Conftables, Orordina-
ry Officers ; yet in cale any of them do not their duties, you are
to do yours , and by your Ielf, and fiich Inftruments as you like
beft and Ihall choofe, to fee the bufinefs effefled.
Sixth, If you find or underilrand, of any Perfons that are refrafto-
ry, or do unnecelTarily delay payment of what fhall be AfTelTed up-
on them for the faid Service, whereof you muft frequently and
often call for an account from the Conftables, Officers and others
interefted under you ; you are preiently without any delay, parti-
ality or refped of Perfons, to proceed roundly with them, of
what quality or condition foever they are, according to His Ma-
jefties ]Vrit, and not to defer medling with them to the laft, or un-
til others have paid (as was done by fbme Sheriffs in former
years) whereby all the trouble and burthen was caft upon the
end of the year, and thofe that were re^raftory gained time above
thoiethat were well-affcded to the faid Service.
Lufilfy And for all other matters not particularly mentioned in
the Inftrudions, you muft upon all occurrences govern your felf ac-
cording to the Writ to you direded, and as may beft accomplifli
the Service committed to your truft ; wherein you are to ufe all
poffible diligence to etfed the fame with fpeed, that the mony
for this Service may be fb truly paid in, as that Provifion may be
feafbnably bought and provided to furnifh, and to let forth the
¥ktt, at the day cxprefTcd in His Majefties Writ, For affiire your
felf, that whatibever you fhall leave unlevied during your Shrie-
valty, will not be caft upon your Succeffor, as in former years fome
Sh(r/ff<: cxpefted, and therefore retarded the fervice ; His Majefty
being refblved not to put upon the SuccelTor the burthen of his Pre-
deceifors negleft ; but that all fuch fiims that fhall be left unlevied
by your felf after the end of the year, fliall be levied upon you bv
Warrant from your Succeffor, or fuch other Warrant as fhall be
thought moft behoveful. And as for the money which fliall be Levi-
ed and Colleded for this fervice, you are from time to time to pay
the fame at London, to the Treafurer of the A^xvy for the time be-
ing, who hath Power and Warrant under the Great Seal, to re-
ceive the fame from you and your Agent, and to give Acquit-
tances and Difcharges for what he receives for the faid Ser-
vice. And you are in like manner, from time to time, to call the
Head-Officers to the Corporate-Towns , within your County^ to
Affefs and Levy what is refjoeftively fet upon the fame ; and to
require him either to fend the fum to London^ to his faid Trea-
furer of the Navyy or to pay it to you in convenient time, to be
fent up with what you are to pay m. And as you fliall herein
perform your duty with diligence, you may be affured to receive
M m both
10 Carol''
Service Com-
mandeii io the
eheriff hiin-
fclf.
To proceed
againfl any
pcribns wliat-
focver.
Governed ac-
cording to
the Writ.
The mony to
be paid in
timely, to
make provifi-
on to fee forth
the Fleet at
the day.
Not tlie d<-
ferrinc the
Collefting.
To pay the
nionv to the
Treafurer of
the Navy.
I- .>^
264
Hiflorical ColleBiom.
4n 1 654. I both favour and thanks from His Majefty, and fo we bid you farc-
Your Loving Friends,
William Canterbury.
J homos Coventry Ciifios. .
Cttil. London.
Henry Manchefier,
J. Lenox.
Lynfey.
Arundel and Surrey.
Pembrock and Moimtgomery,
Edivard Dorfet.
Edward Neivbiirg.
francii Cottinaton.
o
Henry Vane.
Thomas Qermtn.
'John Cook.
Francis Windcbanck.
The Jl^rit for Ship-mony being fent to the Lord Major of
London, Sir Robt-rt Parckhitrjl being then Lord Major, it
was communicated to the Common-Council in Guild-Hall^
as appears by the enfuing Aci of Common-Council : where-
upon a Petition was drawn up by the Committee of Al-
dermen and Common-Couneil men for that purpofe ap-
pointed.
Commune
\
Hifloricjl C oil eB ions.
Ommune Concilium tent' in Camcrd GtiilhaW Chi'
tat' LonX fee undo die Decembris Ann. Vom.
1634. Jnnoq; ^'gni Domini nojlri CzvoVi^ nunc ^=
fris An<Ai£^ <src. l)ecimo. coram Roberro Parkluirl]:
^'Majorc CiVitat' Lond' , Roberto Mafon Armigero
<^cordatore Load' , Hugone Hamerfley Mdite, Ri-
chardo Dean Mdite, Jacobo Cambell Milite^ Geor-
gio Wiiicmore Mdite, Nicolao Raintoti Milite , G"^
Aldr'o , Chrillofcro Clethero, Edwardo Bromfeild
((jT Ricardo Fenn AhVts, Mauricio Abbot Milite (67-
Ald/o Henrico Garway <(sr Humfredo Smith Aldr''isy
WiUielmo A6ton Milite^ Ct* 'Baronctto ac Aldr'o^ An-
thonio Abdy, Roberto Cambell, Henrico Prat kIst
Henrico Andrews Ald/is, Johanne Higlilord Ald/o
«C^ Johanne Cordell ejufdem Ctvitat' '\ncecom\ ac majore
parte Conftliariorwn de Communi Qoncdio ejufdem CiVitat'
ajfemhlat\ uhi tunc<(sr ibidem enaHit at fuit pr out fequi--
tur, viz.
THis day was read to this Court His Majefties TH'^rit^ directed
to the Major, Commonalty and Citizens of this City, and to
the Sheriffs of the fame, for, and touching the providing of feven
Shrfsof VFar^ furnifhed with Men, Viftual, and all warlike Pro-
vifions, for the defence of the Seas and other occafions in tlie faid
Writ contained ; the tenor whereof enfaeth in tliefe Words fol-
lowing, viz.. CaroliM Dei Gratia, drc. Whereupon this Court, after
due and ferious confideration taken of the premiles, conceiving
that by their ancient Liberties, Charters, and Aftsof Parliament,
they ought to be freed and dilcharged of thofe things, which by
the (aid Writ are required by them to be done, doth Order and
Agree, That the draught of a Petition touching the fliid Buflnefs,
this day read to this Court, fliall be Engroffed, and with all duti-
ful refpeft for, and on this Cities behah, humbly prefented to the
Kings moft excellent Majefty.
It is likewife Ordered and Agreed upon by this Court, Tliat
( for the more full fatisfaftion of the Kings Moll: Excellent Maiefty,
whom God long preferve to Reign over us) the words (fo far
as in them lieth ) which are inferted in an Aft of Common-Coun-
cil , made the nineteenth day of Novtmkr laft paft, upon a
fubmiflion made by this Court to His Majefties mod gracious
Judgement and Award,touching the difference between tiie Parfons
and Vicars, and the PariOiioners of the feveral Pariflies of this Ci-
ty, Ihall be expunged and put our ; and the fame Act of SubmiTi-
on certified to His Majefty under the Seal of the Majoralty without
M m 2 thofe
266
tliftoncal Colleclions.
An. 1654.
thole words, AndthM this fjall be a fufficttnt warrant for the Cierk
for the doin;i thtreof.
Item, It is Ordered and Agreed upon by this Court, that SixHu^h
Hamerfley and Sir fames CarnbtllY.ni^l'i, and Aldermen, Mr. Rtcar-
dtr, Mr. Alderman Cktheronr, Mr. Alderman BrvmfiU^ Mr. Alder-
man Garivay, Mr. Alderman Smith and Mr. Alderman ^ibdr, or any
four of them , together with John IVollafton Goldfinith , fohn
Gair Fiflimonger, and divers others, or any thirteen of them, flialf
meet together, and take due confideration of the particular obje-
0:ions and matters complained of by the Paribns and Vicars of L(?»-
don,, in their Petition exhibited to the Kings Moft Excellent Ma-
jefty againft the Parifliioners of the feveral Parifhes of this City,
touching Tythes ; and the laid Committees not only to conceive
of fitting Anfwers to the fame, but to confider of what matters and
requefts (hall be thought fit to be humbly made and prefented bv this
City,to the Kings MoftExcellent Majefty touching the faidBufinefs;
and to frame the fame with advice of Mx.Recorder^znd fuch learned
Councel, as they Ihall call ; and being frarned, to prefent the fame
unto His Majefties Royal Confideration 5 and Edward Renniock and
Len^is Bromley to warn the laid Committees to meet together, and
to attend on them.
Which Committee did agree upon this Petition following.
To the Kings Mofl Excellent Majcfiy,
The Humble Petition of Your Faithful Subjeds, the
Major, and Commonalty, and Citizens of Your City
of London^ moft humbly fhewing,
THat where Tour Majefty by Writ, bearing tefte 20 Oftobris
lafi^ Commanded Tour Petitioners^ at their Charge, to provide
[even Ships of War, furnijhed with Men^ ViBual^ and all Warlike
frovifions, to be at Portfmouth by the prft of March nexty and to
continue from thence by the fpace of twenty fix Weeks in Tour Maje-
jlies Service, uj. ' ' "
Writ contained.
(lies Service, upon the defence of the Seas and other caufes in the /aid
laje
fai.
Tour Petitioners^ do in all fubmijjive humblenef^, and with acknow-
ledgement of Tour Sacred Majefties many Favours unto Tour faid City,
inform Tour Majefy., that they conceive, that by ancient Priviledges,
Grants J and A^s of Parliament (^ which they are ready humbly to jjjew
forth ) they are exempt, and are to be freed from that Charge.
And do moft humbly Pray,
That Tour Majejly will be gracioufy pleafed, that the Petitioners,
with Tour Princely Grace and Favour, may enjoy the ftid Priviledges
and Exemptions J and be freed from providing of the faid Ships and
Provifions.
And they fhall Pray, drc
Mick
Hiftoricai Colle^ious.
267
Mich. 10 Car,
10 Caroli.
Extortions in
the Clark of
Hanaptr., and
his Deputy.
^■^He Defciiiant Mm, by colour of his Office of Clark of the \ J^'J'^)'"'
I Hm.tp'r, demanded and received 4 .f . 6 ^. a-piece, for ieve,- j ^n/ Myn tfj;
ral Parents of the Sherilf of Oxo^t and IVarwick ; but half thereof ! o at.
being, at the moft, due per Stat. 8 FMz. which made perpetual |
1 3 Eliz: He alfo, contrary to arr Jcf of Parlutment 23 //. 8. and |
contrary to a Provifj in a Decree of ChxHctiry., for his increafe of j
Fees, took 2 s.6 d. upon feveral Commiflions of Sewers, as due to
him, there being only due to him 2 d. upon Each. He alfb took
9 /. yearly of the Chafer of Wax for the Great-Seal, after the Rate
of Six-pence fcr Pound, for paying to him out of the Hanaper 360/.
per AiifP , which His Majefty allowed for Wax , no Poundage-
mony being due to him in that Cafe ; for it was a Debt due by
Contract from His Majefty, and no matter of Bounty. He like-
wife exafted, and took of Mr. Pnlford 7 5 /. for Poundage-mony,
for paying forth of the Hamper 30C0 /. due from His Majefty to
him. He alfb took j i. 10 s. Poundage-mony, after 6 d. tlie Pound,
for paying out of the Hamper 500 /. to the ule of Mr. Amftrother
His Majefties AmbalTador, none being due in that Cafe ; and he
alfb took 10 /. of him, which he exafted for Interefl, in refpefl: Ire
paid him the Mony fboner than he ufed to Accompt in the Exche-
quer. He alfb demanded of one Mr. Gibbs 50 /. for Poundage, after
the rate of 6 d. per Pound for 2000 /. Fine given him by His Ma-
jefty, no part thereof being paid into the Hanaper, or to be paid
out of the Hanaptr ; and therefore nothing due to the Defendant
for it : yet he kept Mr. Gibh''s Patent feven years, and would not
let him have it, becaufe lie refufed to pay the Poundage. He alfb
exafted, and took 5 s. a-piece for feveral Patents of Conge de E/Iyer
and Royal Affent, granted for feveral Bifliops, no Fee at all being
due to him for fuch Pitents. He alfb exafted upon feveral Patents
of Den/z,at!on 10 d. a Name over and above his due Fee ; and 14 j-.
8 d. over and above his due Fee for a Patent of Creation of a Baron
and Vifcount, and 10 d. for feveral Prebends and Deanries,befides
his due Fees ; and 14^. upon every Name in feveral Proteftions-
Royal, more than was due. And the Defendant Dawe, by colour
of his Office of Deputy to the Defendant Myn, took for feveral
Efcheators Patents 1 2 d. a-piece more than the due Fee ; and alfb ex-
torted greater and more Fees than ■was due,for Drawing and Engrof-
fing Eleemoftnary Patents or Proteftions to CoUeft Charities for
LofTes by Fire, drc. And for thefe feveral Extortions both the De-
fendants were committed to the Fleet, Myn Fined ;?ooo /. and Dawe
500 /. and Jvlyn fufpended from the execution of his Place during
His Majefties Pleafure.
Mich.
270
Hifiorical Colle^ions.
An. 16^4.
Star Chamber.
Aito^n Ktgis
vcrC Roper
Depnp"lation
and coiivt rt-
ing AraSle
into J'aflure.
100 /. Re-
Ward to the
Prolecutor.
- o /. to the
Ml iflcr.
100 /. to the
Poor.
Star Chamber.
/Ittorn^ Regis
pir Kd-itor.
•■'ir George
Theobald
Kytiiht -uiri'
Morley. .
Reviling,chal-
letiging, 2nd
flrikirg one
of His Maje-
fties Servants
in the Court
at Wnitihali.
Mich. 10 Car.
^T~^He Defendant being poflTcfTed of feveral Farm-houfes, where-
B to was commonly ufed in Tillage a great flore of Land, and
feveral 1 lows kept and maintained thereapon, took all the fiid
¥a His into his own occupation, and converted all the Lands there-
to formerly ufed in Tillage into Pafture, and depopulated and pul-
led down Three of the Kirm-ho'ifes., and fuftered the other Tu'o to
run to ruine, and to lie uninhabited, although he might have had
as great, and greater Rents for them than he had before ; and al(b
pull'd down, and fufFered to go to decay, and be uninhabited a
iViKr-Corn-Mill^ which before groun'd ftore of Corn weekly; and
for this he was committed to the Fleets Fined 4000 /. and at the
Aflizes in Kjnt to acknowledg his OTence, and the Decree to be
then read, 100 /. Recompence to the Prolecutor, befides his Cofts,
and 100 /. to the Minifter of the Town, 100 /. to be diftributed to
the Poor, and he ordered to repair, and build again within Two
years, all the Farm-houfs^ Out-houfes, and Corn Mill, and make
them fit for Habitatiori and Ufe, as formerly, and to reftore the
Lands formerly ufed to the Farm-houfes, and to let them at reaib-
nable Rents as the County will afford.
In November tlie 'Prime Elector Pal at in" dyed of the Infection of
the Plague., having been at MentZy where it raged, being eight
days after the Enemies rendring of his moT: confiderable Towns of
Frankendak, into the Hands of the Englij}} Ambaffadors.
Mich. 10 Car.
THe Defendant, out of malice to the Relator, and in the Di-
ning-Hall of His Majeities Palace of Whitehall, ( whither
His M^' y?v and the ,^ef>? were then coming to Dancing ) fhaked
his Fift,and bent his Brows at the Relator, ( then attending His Ma-
jefties coming,being one of HisMajefties Gentlemen-Penfioners) laid
hands on his Cloak, lliaked him, caught him by the Throat, called
him bafe Ralcal, bale Dunghil-Rogue, f\vorehe would be reveng'd
on him, and would cut his Throat, threatned to kick him out of
the Houle, and provoked and challenged him to go out and fight
with him the laid Defendant : and the Defendant being advifed by
the Treafurer of His Majefties Houfhold, and the Comptroler, to
be adviled, and confider where he was; and being told, that they
wondred he would abufe the Relator, being His Majefties "Servant,
the Defendant flighted their words, anfwered them very intempe-
rately, and called the Relator bafe fellow. And after the Dancing
was over, and the King gone out of the Room, the Defendant, in
like fort as before, challenged the Relator, and after, in the Court-
yard, took him by the Throat, and gave him divers blows; and
for this he was committed to the To 'rer during the Kings Plea fu-e.
Fined
Hijioricd ColleBions.
\6c}
Fined loooo /. to acknowleds his OflFence, and fubmit himfelf to
His Majefty, and to Mr. Tnaficra^ and to Mr. Comptrokr, to pay the
Relator looo /. Damage, and make inch Recognition to him as the
Earl-Marlhal fliould think fit and direft.
Mich. lO Ciir.
THe Defendant AUinfm^ at Ipfvich^ and other Places, reported
falfly and malicioufly to the fcandal of the Arch-bifliop of
Tork, That His Majefty, in His Journey to Scotland, was entertain-
ed at the faid Arch-bifhop's Honfe to His content ; and at His go-
ing away, \vifhed the faid Bifliop to ask fbmething wherewith He
might gratifie him; and that thereupon his Grace kneeled down,
and requeued His Majeffy, That the Papifis might have a Tohation
for fome Churches to exercife their Religion in^ that His Majefty was
greatly difcontented thereat^ and confned the faid Arch-bifJmp to his
Houfe. And the Defendant Robins likewife publiflied thofe fcan-
dalous Reports for News at Tarmouth. And for this Offence Allin-
fon was committed to the Fleet., bound to his Good-Behaviour du-
ring life, and Fined looo /. and likewife to be fet in the Pillory zt
VVeflminfler , M'ith a Paper on his Head declaring his Offence,
and there to acknowledg his Offence, and be whipt ; and after be
fet in the Pillory atTork, Ipfwiihy a.ad Tarrnouthy with the like Pa-
per on his Head, and at each place to make the like acknowledg-
ment as before. And Robins M'as committed to the Fleet^ Fined
looo /. to make an acknowledgment at Tarmouth, and to pay the
Arch-bifhop looo Alarh Damages.
The Parfons and Vicars, ri/? the City of London, in the }v{onth
of May , prefented to His Majefty a Petition , Humbly
[hewing J
lo Car oil.
1000 /. Dam'.
' I ^Hat the Benefices in London ii'f re a Hundred Years fmce very
1 great ; That the Decree for Tyths, noi\y in forct , provides this
9 d. to he paid upon every Pound rent without fra.'id ; J hat not with fl.m-
ding the faid Decree j ( the variation of times considered') they are now
very poor and mean., many of them not worth 40 1. per Annum, the
mofi not 100 1. only <?;?(:', Chrift-church, a Ctty-impropriation worth
3 50 1. That the Petitioners have not independent maintenance, and for
want thereof are daily thrufi upon dangerous and great inconveniences :
TtMt this is becaufe the Petitioners have no means afjlgned in the faid
Decree., for the difcovering of the true value of their faid Rents by the
Oath of the Parties., and for that many- London-Landlords ( to the
defeating of the Petitioners, and indangering their own Souls ) have^
and daily do contrive double Leafes, or make Provifos, wherein they call
Jome fmall part of the true Rent by. the Name of Rent j and all the reft
(^ which yet is quarterly paid') by the A'ame of Vino,, \ncomQy or the
like ; which Practice, in the Tear 1620. was fignifed to be unjuft and
SacrilegioMj tinder ilk Hands of the Reverend Bifljops, and Heads of
Hoajes
Star-cliambcr.
AltirrC Rigk
vers'' Robins
The Londiin-
Clergies Peti-
tion to tlie
King concern-
ing that mat
tef.
270
Hiftorical ColleBtons.
1634.
The King re-
fers the Peti-
tion.
Tyths within
the City of
London.
Houfts of both Univerfities. And. lafllyy for that the Lor<^ Major for
the time being is our ordinary 'Judge, and the Petitioners generally want
both ability and kizMre to Profecute and Appeal from him to the Right
Honourable the Lord Keeper, or othermfe to wage Law rvith Rich and
Porverftil Citizens.
May it therefore pleafe the Great Patron of the Churchy Tour Royal
Majefty, to take into Tour Princely Conjideration thefe Preffures and
Grievances of Tour Poor Clergy of London, with the Caujes of the
fame, and to take fich courfe for Redrefs thereof as to Tour Maje flies
great VVifdom and Clemency fjall feem fneet :
And Your Petitioners, &c.
At the Court at Greenwich.
His Majefty is gracioufly pleafed to refer this Petition to the Lord
Arch-bijhop of Canterbury his Grace, the Lord Keeper, the
Earl Marfhal, the Lord Bifjop of London, the Lord Cotdngton,
My felf, and the Lord Chief Jtijlice Richardlbn, or to Five or Ihne of
Vsy ( whereof the Lord Arch-bi/hop of Canterbury to be one ) where
Vl^e are to call all Parties before Vs whofn this BufinJs may any ways
concern , and .ifter full hearing and examining thereof , to end it if we
can ; othcrwife to make report to His Majefty, where thf impediment lies,
that fo His Majefty may take fttch further order therein, as in His
Princely VVifdom He (hall think ft.
Windebanck.
Which came to a Hearing the 5^/7 of November before the King
and Council, and it is thus exprelTed in the laid Order.
< ^ I 'His day the Matter in difference concerning Tyths within
' \ the City of London, demanded of (bme particular Citizens
* then prefent, was heard by His Majefty fitting in Council. And
' whereas, after fbme entrance into the Caufe, it was conceived by
' His Majefty, that the Cafe in queftion might concern the City in
' general, and to that end Mr. Recorder, and fbme Aldermen were
'■ required to attend, to take notice of HisMajefties Pleafiire therein:
' And forafmuch as the Cafe in queftion is not agreed upon, where-
' by His Majefty might proceed to hear Arguments , and debate
' thereupon ; and being defirous, out of His Princely difpofition,
' to reconcile the lame, he did demand of Mr. Recorder, and the
' Aldermen there prefent, whether they would refer the Caufe to
* His arbitrement : but they humbly defired His Majefty, in as much
' as they came not as Parties interelTed in that Queftion, but in obe-
* dience only attended His Majefties Pleafiire, they might have time
< to acquaint the Court of Lord Major and Aldernien, and Common-
* Council of the City therewith, which His Majefty willed them
^ to do, and thereupon was pleafed to give them refpite until Sun-
* day the fixteenth of this Month, at which time they were to at-
' tend with full Power.
*Now
Hifiorical Colle&iom.
Ill
7-
' Now' touching the particular Pcrlbns, who did attend accor-
* ding to order, about tlie Caufc, It was thought fit they Ihould be
' difcharged of further attendance until that time.
Afterwards, on the \6th of Novemhtr^ another Order was made
by the Council-Board to this efkQ:.
* T T THereas the Fifth of this Month, at the hearing of the
* VV Matter in difference, concerning 7 r/^/;^ within the City of
' Londofi, demanded of fome particular Citizens, His Majefy fit-
* ting in Council , demanded of Mr. Recordtr, and the Aldermen
* then prefent, whether they would refer the Caufe to His arbitrc-
* ment ? whereupon they humbly defired His Majefty, in as much
' as they came not as Parties intereffed in that Queftion, but in obe-
' dience only attended His Royal Pleafure, they might have time
' to acquaint the Courts of Lord Major and Aldermen^ and Com-
' mon-Council of the City therewith ; which His Majelty willed
* them to do, and thereupon was pleafed to give them refpite until
^ this prelent day. They did now accordingly attend, as did alio
' they of the other Party, 'viz. fundry Minifters of the City of
^ London. And the Recorder of the (aid City having related, that
* the aforefaid Court of the Lord Ma]or and Aldermen had been af
* fembled, and acquainted with His Majefties Pleafure, did farther
' reprefent unto His Majefty, That it appeared by Record, that in
' the Reign of King Henry the Eighth , and in the fame Caufe
* which is now in agitation, upon like directions then given by the
* Council-Board , the laid Caufe was propounded to their feveral
*■ Wards ; and the Common-Council having received their feveral
* Anfwers, did thereupon fubmit to the courle fet down ; where-
'. * upon he did humbly move, whether His Majefty would be pleafed
' that the fame courfe be now taken ? the rather in regard the Au-
' thority of the faid Common-Council, is only for matter of Go-
* vernment and fafety, not medling with the Right or Intereft of
* any. But His Majelly having other Prefidents as ancient as Ed-
' ward the Fourth , alledged by Mr. Attorney-General , that the
' Common- Council had ordered Bufinefs of this very nature, did
' abfblutely declare, that he would not wait for the ilTue of fuch a
* manner of proceeding, but he would expeft a dire£t and full An-
■ fwer from the Lord Major and Aldermen^ and likewife from the
' Common-Council, which is the reprefentative Body of the City ;
* and that if any would be refrafl:ory, and not conform themfelves,
' they flhould ftand to their own hazard , and that he would
' take notice as well of them, as of thofe who would fubmit to
' His Arbitrement. And His Majefty was pleafed farther to declare,.
' That His only end in taking this pains, was to fettle Peace and
' good underftanding between the Minifters and their Parifhionersj
* and that he looked not fb much at any Particular, as at the Gene-
' ral, that there may be a firm Order and Accommodation M^ell-efta-
* blifhed. Laftly , His Majefty was pleafed to appoint this day
^ ft'veniqht, which was tlie 2^^ of that Month, for their next atten-
' dance ; at which time they were to come with full Power to give
* their laft Anfwer,
N'n
And
10 Caroli.
27-
JfJ. 1634.
Hifloricd ColleUions.
An Oukr
concerning
T>ths vvicliin
chc City, of
Londim Jie
kr.
The Vutc'.)
and fnncb
Churches.
Two Injun-
ftions concer-
ning them.
Feh.zi. \67,/f,.
They Petition
their Bifhop.
And afterwards the lame Matter being taken into confideration
by the King and Council, onthei4?/'Ot Dtctmbtr, produced ano-
ther Order to this effect,
THis day, His Majefty being prelent in Council, the matter in
difference concerning 'lyths within the City of LunAon^ and
Liberties thereof, was heard at the Board. : A\/ which time the Lord
Bifliop of London was there prefent, and fbme of the Minifters on
bdialf of themfelves, and the reft of the iMinifters of London on
the one part, and fbme of the Aldtrmm, and the Recordtr on the
behalf of the faid City on the other part : After fbme debate
did mutually fubmit the faid differences to be arbitrated and fetled
by His Majeif y, which His Majefty was pleafed withal. And in as
much as the faid Lord Bifliop, and the faid Minifters, had now by
anhiftrument in writing, under Hand and Seal, tendered their faid
Submidion to His Majefty ; It was thought fit and equal, that by
an Inftrument in writing alfb under the Common Seal of the City,
the like fubmiflion fhould be made by the City to His Majefty,
which tlie Aldermen and Recorder authorized from the City this day
prefented to His Majefty, being prefent in Council .• WhereuiX)n
it was refblved and ordered, That Sunday the i%th oi' Janrurynext
fhould be appointed for the hearing of this Caufe at large at the
Council-Table , before His Majefty and the Lords ; at which time
the Parties on both fides , with their Council learned, were to
attend.
The Arch-bifliop of Cmterhnry^ in his Metropolitical Vifitatlon,
fummoned the Minifters and Elders of the Dutch and French
Churches to appear before his Vicar-general, who had two
Injunftions prcfcribed by the Arch-bifhop.
1. That all the Natives of the D«fcA and Walloon Congregations
in his Graces Diocefs fhould repair to their feveral Parifh-Churches
of thofe feveral Pariflies where they inhabited, to hear Divine Ser-
vice and Sermons, and perform all Duties and Payments required in
that behalf.
2 . That the Miniflers^ and all other of the Dutch and Walloon
Congregations, which were not Natives and Born-Subje61:s to the
A^//z^j- Majefly, or any other Strangers that fhould come over to
them , w hile they remained Strangers , might have and ule
their own Difcipline, as formerly they have done; yet it was
thought fit that the Englifh Liturgy fhould be tranflated into French
and Dutch, for the better fetling of their Children to the Englijb
Government.
Upon the publilliing of thefc Injunftions, the Dutch and
Walloon-Churches at Normch prefented an humble Petition and
Remonftrance to the Bifliop of that Diocefs, that the faid
Injunftions feemed to be oppofite, not only to the fundry Or-
ders of His Majefties molt Honourable Privy-Council, hereto-
fore upon feveral occafions granted unto feveral Congre-
^ gations
r
Hiftorical Collecfionf,
73
gations of the laid Strangers, but chleRy to all the Gracious Privi-
ledgcs granted unto them of old, and continued during the Reign
of three moft famous Prhjces, King Edvard the 6(h, Queen Eliza-
beth^ and King "James of Glorious Memory, and confirmed by His
now Majefties Re^^al IVord, which He was plealcd Gracioufly to
give unto the Deputies of all the Strange Congregations in £»^-
/.W proftrate at His MajelHes Feet the '^oth ot J/^r// 1625. But
the Petitioners finding no Redrcfs as to their Complaint by the Bi-
ihop of Norwich^
Afterwards they prefented a Petition to the Arch-bifhop di<Can-
ttrhury^ to the eflFeft of that given to the Bifliop of Nur vah ;
to which Petition the Arch-bilhop of Canterbury gave an An-
fu'er in a Letter to the faid Dutch and JTalloon Churches at
Norwich J Dated Jug. 19. 1635. to this eiTeft.
That His Majefty was refblved, that His Inftruftions fliould hold,
and tliat obedience fliould be yielded to them by all the Natives
after the i/t Defcent, who might continue in their Congregations,
to the end the Ahens might the better look to the Education of
tlieir Children , and that their feveral Co)igregations might not be
too much lelTened at once ; but that all of the fecond Defcent born
here in Enz^l'tnd, and fb termed, fhould re fort to their feveral Pa-
rifh-Churches where they dwelt, concluding his Letter in thefe
words. And thm J have given you Anfwer fairly in all your F articu-
lar s^ and do expe^ all obedience and conformity to my Injlru^ions,
which if you fjall perform, the State will have occafwn to fee how ready
you are to praBife the obedience which you teach : And for my p^rt, I
doubt not but your fives, or your Poflerity at leaf, pjall have caufe
to thank both the State and the Church for this care taken of you ; but
if you re fife, (^as you have no ca;ife to do, and 1 hope you will not") I
(Jjdll then proceed againfl the Natives, according to the Lavs and Ca-
nons Eccltfiaflical , fo hoping the bsfl of your fives, and your obedience ,
I leave you to the Grace of God, and Rifi,
W. Cant.
By thefe Tnjun8:ions the Forreign Churches were molefled and
difquieted feveral years together, for refufing Conformity , and
fbm.e of their Miniflers and others of their Congregations, defert-
ed the Kingdom, and went beyond Seas.
This year being the very firft year after Bifliop La'id his Tranfla-
tion from London to Canterbury, great offence was taken at his fiid-
dain fetting-up of Pi6lures in the Church-windows at his Chappel
at Lambeth and Croydon, the Portraiture of them being made accor-
ding to the Roman MilTal, and bowing towards the Table or Altar,
ufing of Copes at the Sacrament, whereupon the People made a
great Clamour, that the Arch-bifliop endeavoured to fubvert Gods
true Rehgion, by Law eflabliflied in this Realm, and inftead thereof,
to fet up Popif h Superflition and Idolatry;aggravating this his xA.6lion
to be the greater crime, becaufe he was I^rimate and Metropolitan
Nn 2 of
Jfo Caroli,
Tliey Petition
rhe Arch-bi-
fhop of CM'
Offence taken
at the Arch-
bifhop his fet-
ting-up of
I'ifturesinthe
Church- wia-
dows.
74
H/ftorical Coll eel ions.
u4n. 16^4.
TUe Archbi-
fhopsDefence.
of all Eno^Ltnti^ principally intrufted with the care of Religion,
w ho fhould of all other Men have been moft vigilant againft all Po-
pifli Idolcrtrous Linovations, and not profefTedly to fet up a-frefli
thofe Idolatrous, Superftitious, Romifli, Piftures, which were by our
Statutes, Homilies and Injundtions purpolely defaced and broken
down at the b^^^inning of Reform.itioK, as Monuments of Popery,
Superftition and Idolatry, contrary to the Word of God, and efta-
bliflied Injunftions of the Church of England.
But let us not be fb uncharitable to the deceafed, as not to men-
tion his Defence made when he was living to a Charge of this na-
ture, when he was afterwards queftioned for the fame in Parlia-
ment ; therefore take what he faid then in vindication of himfelf,
which was to this effeft.
The firfl: thing the Commons have in their Evidence charged
againfl: me, is ( faid he ) the fetting up and repairing Popifh Ima-
ges and Pictures in the Glafs-windows of my Chappcl at Lam-
beth, and amongft others, thePifture of Chrift hanging on the
Crofs between the Two Thieves in the Eaft Window ; of
God the Father in form of a Httle Old Man, with a Glory,
ftriking Myriam with a Leprofie ; of the Holy Ghoft de-
fcending in form of a Dove ; and of Chrifts Nativity, lafl: Supper,
Refiirreftion, Afcenfion, andothers, the Pattern whereof Mr. Prynn
attefted I took out of the very Mtfs-Bool:, wherein he fliewed their
Portraitures.
To which I anfwer, firfl:, That I did not fet thefe Images up, but
found them there before.
, Secondly, That I did only repair the Windows which were fb
broken, and the Chappel which lay fb naftily before, that I was
afhamed to behold, and could not refbrt unto it, but withfbme dif^
dain, which caufed me to repair it to my great Colt.
Thirdly, That I made up the Hiftory of thefe old broken Pi-
ftures, not by any Pattern in the Mafs-Book, but only by help of
the fragments and remainders of them, which I compared with the
Story.
Fourthly, Though the very refemblances of them be in the Mafs-
Book, yet I proreft I never knew they were there, till Mr. Prynn
fhewed them in it at this Bar : it is but a meer fallacy, the Piftures
which I repaired are in the MaG-Book ; Ergo, I took the Pattern of
them out of it.
Fifthly, Mr. Cahin himfelf allows anHiflorical ufe of Images,/)?/.
l.i.cap.ii.Se^. 12. where thus he writes, Akq; t.imen ea fuper-
(i it tone teneor^ SfC.
Sixthly, Our Homilies themfelves allow an Hiflorical.ufe of Ima-
ges, as appears by Page 64, 6 5.
Seventhly, The Primitive Chriflians approved, and had the Pi-
ftures of Chrifl himfelf; TertulUan recording. That they had the
Picture of Chrift engraven on their Chalices, in form of a Shep-
heard carrying home the loft Sheep on his back.
Eighthly, I hope the repairing and fetting up of thefe Pictures
is no High-Treafbn by any Law.
Ninthly,
Hiflorical Colletfjons.
275
Ninthly, Images and PiLtures in Arras, or Glafs- windows, are
not againft the Statute of 5 £. 6. c. 10. but Statues only.
10 Carolii
To this was reply'd : Firft, That he did not find thofe Images Reply,
there, compleat or entire, but broken and demoUfhed by vertue of
our Statures, Homilies, Injunctions fore-cited, and that at the be-
ginning of Reformation ; ever fince which time they continued un-
repaired, as Monuments of our indignation and deteftation againft
them, like theRuinesof our Abbies and Monafteries.
Secondly, We have here confitentcm reum^ the Arch-bifliop plain-
ly confelTuig that we charge him with, uiz.. the repairing of the
broken Images of Chrift, the Holy Ghoft, in Glafs-windows ; and
no ways denying, extenuating, but juftifying this PopifhFaftof
his againft our Statutes, Homilies, Injunftions, Writers, yea, his
own frequent Subfcriptions to our Homilies, and Articles of Reli-
gion : Nay Mr. Broiv?, his own Joiner, attefted. That he, by the
Arch-bifliop's directions, repaired and new-made the broken Cru-
cifix in Croyden Chappel, as well as in Lambeth Chappel ; and the
Arch-bifliop plainly confeffeth, that he had no great devotion to
ferve God in Lambeth Chappel, nor yet to relbrt unto it, till thefe
Images were repaired, and now beautified to pleafe his Eyes.
Thirdly, That himlelf took pains, and gave direftions to the
Glafiers to make upihe Stories and Piftures in the Windows, out
of the broken fragments remaining, and new-made them to his
exce.Iive Coft, whereas he might have new glazed them with
unpainted Glafs, for the tenth part of that his painted Piftures
coft him.
Fourthly, He confeffeth the very Portraitures of the new-furbifh-
ed Pictures in his Chappel to be all contained in the Mafs-Book,
which we made fb apparent to your Lordfhips, that he could not
but with fhame deny it ; but protefts'he knew them not to be in it,
and that he took not his Pattern out of it. To which we muft
reply, That he having noted his Mals-Book, wherein we f hewed
them to be portrayed in every Page almoft with his own hands, and
turning this Book fb frequently over, muft of neceflity fee thefe
Pictures in it, which are fb large and vifible, unlefs we fhall fup-
pofe him blind, or fuch an hater of them, as purpofely to turn his
Eye-fight from them, which is improbable ; and therefore , not-
withftanding this bold proteftation of his, we hold our Argument
both true and folid. The new Images in his Chappel-windows ex-
actly agree in all things with the printed ones in his Mafs-Book,
which he could not but know, and fee too, as oft as he noted or
perufed his Roman Miffal ; Er^o, He took his Pattern from the
Mafs-Book in the repairing, as well as his Popifh Predeceffors in the
firft making of them, fince no other Pattern hath been produced
by liim,by which he gave directions to new-make them but by the
Roman Miffal.
Fifthly, We wonder greatly, that he that hath fb much traduced,
reviled Mr. Calvin publickly heretofore, fhould fly thus unto him
for fhelter now ; but as he abufed his Perfbn, and Memory then,
fb he'miferably perverts and mifapplies his words now point-blank
againft his meaning. Mr. Calvin only affirms, That he is not fb fii-
perftitious as to think it altogether unlawful to make any Images
276
tijjiorical Collections.
An. 1654.
of Men or Beafts for a civil ufe, fince Painting is the gift of Cod ;
from wliencc the Arch-bilhop hath inferred , iir^iv, Mr. Cak'in
holds it lawful to make the Pifture of ChrilVs Nativity, laft Sup-
per, PaOTion, Relurreftion, coming to Judgment ; of God the fa-
ther, like an Old Man ; of Chrift on the Crofs, of God the Holy
Ghoft in form of a Dove, and Cloven Tongues ; of the Virgin
Mary^ Other Saints, and to fet them up in Churches, as he did
thefe Images in the Chappel : Whereas Mr. Calvin^ in the felf-
fame place, in moft pofitive terms, concludes the contrary ; wit-
nefs the very next words following thole he objefts : Pur/tm & It-
githnimt Htn/tfqiie ufiim ncjuiro^ nt c^uji DominU'S in fuam gloriam^ (^
bonum no(trum nobis contulit, ex non tantum poUiiantur pr^epofiero abnf/^
ftd in no (I ram cjiioq; perniciem convert ant ur. Deiim ejfingi vi ft bill
fpecie nef.ts tffe putimm^ quia id vet tut ipfe^ (^ fieri fine aliqiia (rlori.e
ejus deformxtione non pot: ft ^ which he proves at large. Then {pea-
king of Images in Churches , he writes, they were introduced
thither, Non judicio ant dekciu ^ fed fiulta (jr inconfidtr.ita cnpi-
ditnte.
This Author hath many fuch-like paffages in his other Works,
and therefore the Arch-Bilhop's citing of him to juftiiie his Chappel-
Images, argues either extreme ignorance, or falQiood.
Sixt/j'T, Whereas he would pray in aid from our Homilies, to
juftifie the Hiftorical Ufe of thefe Images in his Chappel, the Ho-
milies are Co point-blank againft it, as we have proved, that Impu-
dency it felf would blufli to cite them to fuch a purpofe, efpeciai-
ally fince the third part of the Homily againft the peril of Idolatry,
Z)^^. 41, 42,43. exprefly refblves it unlawfiil to make the Pifture
of Chrift, or any Perfon in the Trinity , much leis to fet them up
in Churches.
Seventhly, For his averment that the Primitive Chriftians ap-
proved of Images, and had the Pift ure of Chrift in their Churches,
and engraven on their Chalices, is a moft notorious falfliood. For
"Jnfiin ALirtyr, Clemens Alexandrinm^ Iren.uis^ Tertnllian, Minutias,
Felix, Origen, Arnohins, Cyprian, LaBantiiis, Gregory A^yffen, Athana-
fiH4, Amhrofe, Epiphaniti-s, Euftbins, Hierome, Auq/tflin, Hilary, Chry-
foflotn , Theodoret , Theophilacl , and Other Ancients unanimoufly
agree, that the Primitive Chriftians had no Images at all in their
Churches ; together with the Councils of EUberis, Conflavtinople,
Toledo, Frankford, and Conflantine the Great, Conflantim, (y-c. with
fundry other godly Emperors, utterly demoliflied and caft them
out of Churches ; as Ecclefiaftical Authors, our own Homilies,
Writers, prove at large againft the Papifts. Lactantius and other
Primitive Chriftians write exprefly, that without doubt tliere can
be no Religion at all in that place wherefbever any Image is ;
whereupon Epiphanius rent the Image of Chrift, or fbme other
Saint, which he found in a Church, painted in Cloth, out of ho-
ly indignation, as contrary to the Authority of the Scriptures. In
few words, our own Homilies againft the peril of Idolatry, Part 2.
p. ?8. exprefly refblve, that when Images began to creep into the
Church, they were not only fpoken and written againft by godly
and learned Bifliops, Doctors and Clerks, but alfb condemned by
whole Councils of Learned men affembled together j yea the faid
Images by many Chriftian Emperors and Bifhops were defaced,
broken
Hiftorical Collet ions.
V7
broken and deployed ; which Mr. Cdvin in the place objed:cd by
the Bifhop affirms hkewife : And therefore it is a moll: dclpcrate
alTertion in the Arch-]';iIhop, thus falfly to affirm the contrary,
point-blank againft our Homilies and his own fubfcription to them.
And whereas he cites Itrtnllim, to prove that the Chriftians in his
days had the Pifture of Chrift upon their Chalices ; we anfwcr,
that if the Book De Pudicitiahe Tenu/liaKs oivk, (of which fbme
doubt ) yet his words import no fuch thing , which are thefe,
Aparabol.'i licthit imift.ts ubi e(h Ovis pcrdit/i a Domino accjnifita, (jrc.
Picfurx C.iliciijn z'tflrorum, drc. ( not noftrornm. ) And that he
hath moft grolly abufcd 7tr//ir////r;2, your Lordfhips and his Audi-
tory, in alledging Ttrtiill/an in defence of Images, and their ulc
among the Primitive Chriftians : certainly Tertuliaxn is fb far from
any fiich opinion, that he hath written a whole Book De Idololatria^
next before this De Pifdidt/a, wherein he exprefly condemns,not only
the having, but making of any Image or Pifture for any ufe, and
the very Arts of Carving and Painting Images, as contrary to tlie
fecond Commandment ( as the Jews, Jo/ephm, Philo and others
did before him, and the very Ttsrks and PerfuM at this day. ) Take
but this lentence of his inftead of many ; Omnii forma z>tl formula
Idoliim ft diet cxpofcit. Idolinn T AM FIERI quam colt Dens
prohibet : qnantopn-cxdit^&c. which he profecutes at large through-
out this Eloquent Book, and therefore his fbphiftry in citing 7 tr-
tiiliim for defence of Images in Churches, who is thus point-blank
againft the making of any Image whatfoever, even for civil ufes,
is an intolerable, inexculable boldneis.
Ei^rhthly , whereas he a:nf\\'ers , that the letting up of thefe
Glals-Images is no high Tre/ifon by the Statute : We grant it not
to be fb fimply in it lelf, neither ^o we urge it to be fb, but as it
tends to fubvert our Religion, Laws, and fet up Popery, concurs
with his other praftices of this nature, fb it may, and will prove
high Treafbn. The fecond part of the Homily againft the Peril of
Idolatry, p.ig^. 57. affures us, that the maintenance of Images hath
brought in a Sea of Mifchief, horrible Schiftns, Rebeliions, Trea-
fbns ; and his maintaining them hath done the like.
Ninthly, We conceive that the Statute of ^ £. 6. c 10. v.'hich
commands all Images of Stone, Timber, Alabaftef, or Eartii, gra-
ven, carved or painted ; which heretofore have been' taken out of
any Church or Chappel, or yet ftand in any Church or Chappel,
to be defaced and deftroyed , extend to Images in Glafs-Windows
as well as others, which are but painted Earth ; and that which
confirms us in this opinion is, that the Homilies againft the Peril of
Idolatry ( the occafion of this Law ) and the Injunftions of Qiieen
Elizahtth made in purfuance of it, extend in direfl: terms to Ima-
ges in Glafs-Windows, as well as to Images of Stone, Timber, and
the like : yea, the practice of that time in defacing the Glafs-Ima-
ges in Lambeth Chappel Windows ( which he of late repaired )
and in moft other places, infallibly proves it ; together with the
Statute of 5 ^Ac. c. 5. which reckons up Images and Crucifixes, of
what matter fbever, among the Relicks of Popery, and enjoins them
to be defaced : wherefore this evafion of his is moft falfe and frivo-
lous, efpecially fince Popery mav creep in at a Glafs-Window, as
well as at a Door; and our Homilies, Injunftions, Writers cenf tire
all of them alike, if this Statute do it not. Jfttr
10
C.irol'
78
Hiflorical ColleElfons.
An. 16 ^4-
Reply.
Afttr the Reply tvas made^ the B/f/jop proceeded in his Defeme.
The fecond thing objected againft me ((aid he) as a Popifh In-
novation in my Chappcl at Lambet , is, m^ removing and Railing
in the Communion-Table there, Altarwile, with the ends of it
North ■And South againft the Wall ; my furnilhing it with Bafbns,
Candkfticks, and other Furniture, and hanging a Cloth of Arras
behind it, with the Pifture of Chriftand his Apoftles, eating the
Lords Supper together.
To which I anfwer ; Firfi, That the Railing in and Placing the
Table Altarwife , is warranted by Queen Elizabeth''^ Injunftions,
which prefcribe, that the Holy Table in every Church be decently
made and fet in the place where the Altar flood : Now the Altars
generally in all Churches, as all Antiquity manifefts, ftood at the
Ea/f-end of the Quire, North and South dole to the Wall, as the
Tables were lately placed, and there were Railed in : this therefore
is no Innovation.
Secondly, The Furniture on the Altar is no other than fiich as is
in ufe in the Kings own Chappel at Whitehall^ and had been there
uled ever fince, and before my time.
Thirdly, That the Arras-Piece at the Back of the Table, contain-
ing the ftory of Chrift's laft Supper, was fit for that place and oc-
cafion : that luch Images and Reprefentations were lawful, appro-
ved by the Lutheran Churches, yea by Mr. Caluin himfelf, for an
Hiftorical ufe, in the place fore-cited, ■ Inft. /. i. c.w. Seff. 12.
To this the Commons Replied ; Fz>/?, That neither Queen Eli-
z.abeths Injunctions, nor the Rubrick in the Common-Prayer Book,
nor any Law or Canon of our Church, prefcribe the Railing in of
our Communion-Tables , or placing them Altar\\'ife againft the
Wall, with the ends North and South ; there is no Tillable in any of
them to warrant any fiich Popifh Innovation, prefcribed only by
Popilli Canons, as we have proved : That it cannot be proved
that Altars were generally fb placed and railed in anciently ,
eitlier in England or elfewhere ; the contrary whereof we
fliall prove anon : That the makers and executers of thefe Innova-
tions knewbeft of any, where, and how Communion-Tables were
to be fituated by vertue of them ; and they generally placed them
throughout the Realm, in the midft of the Quire or Chancel, with
the ends Enfl and /Fc/?, ftanding a convenient diftance from the
Ea(l Wall, without any Rail about it, in which pofture they gene-
rally flood in all Churches, Chappels, and in Lambeth-Chz.-^Tpt\ it
felf for one, ever fince thefe Injunftions publiflied, till this Innova-
ting Arch-Bifhop altered this their ancient Situation. Yet both the
Rubrick in the Comraon-Prayer-Book , the Queens Injunctions,
the 8 2^ Canon, Bifhop Jemf/, Biihop Babington^ DoQ:or- Fuli', and
other of our Writers agree, that when the Sacrament is admi-
niftred , it ought to ftand in the Body of the Church or Chancel,
of which more Iiereafter : This therefore is an Innovation , and
that a Popifh one too, tending to introduce private Mafs, to re-
move the Lords Table as far as pofTible frcwn the view and au-
dience
Hiftoricdl Colieclio/if.
■79
dience of the common People, when the Sacrament is celebrated { lo Carol/
at it.
Secondly , We have proved, that this Altar-furniture of Canle-
Hicks, Tapers, Bafbns, Crucifixes, and the like, was originally
borrowed from the Roymn Ceremonial, Pontifical, and the Popiui
Council of Alx^ which enjoyn them ; That the t^^ part of our
Homilies againil: the Peril of Idolatry, and Queen Elizahi'th''s In-
junftions, ( which he cites for placing of the Lords-Table Altar-
wife) In]:'.nct. 2.2^, 25. condemn, cenlure, abolifh, as Superftitious,
Ethnical and Popifli , all Candlefticks, Trendals , Rolls of Wax,
and letting up of Tapers, for that they be things tending toJldola-
try and Superftition, which of all other offences God Almighty
doth moft deteil: and abhor, for that the lame diminifh moft his
Honour and Glory : Therefore tiie Kings Altar-furniture in His
Chappel at Wbitcball^ can be no juftification nor extenuation of his
offence, who fliould have reformed His Majefties Chappel, ( where-
of he was the Dean and Superintendent according to our Laws,
Homilies, Lijunftions, wiiich condemn fuch Altar-trinkets ) not
conformed his own Chappel- Altar to the Kings, in thefe meer Po-
pifli fuperilitious Innovations.
Thirdly^ The Arras-hanging was rather fuited to the Crucifixes
in the Glafs-window over it, and other Images of Chrift in that
Chappel, than to the Place or Lords-Table where it hanged ; the
Table and Sacramental Elements themfelves, with the ufual parti-
cipation of them every Month, being fufficient to mind us of our
Saviours laft Supper, Paffion, Death too, and to fhew them forth
till he come, ( who ufed no fuch Pi6tures nor Crucifixes, when he
inflituted his laft Supper ) without any fuch Image or Crucifix ;
which being condemned by our Statutes, Homilies, Injunftions,
Canons, Writers, as we have formerly evidenced, yea by all An-
tiquity, by Mr. Calvin himfelf, and many Lutherans too, ought
not to have been placed there , the rather, becaufe there is no
Warrant nor Precept for it, but only in the Roman Ceremonial,
Pag. 6c), 70. his Conformity whereto was the only ground ot hang-
ing thofe Arras-Piftures, which well deferves another hanging,
efpecially in an Arch-Prelate who profeffeth himfelf a Proteftant,
and as averle from Popery as any man whatfbever.
The third fort of Innovations in my Chappel charged againfl: me,
is the fetting up of a Credent ia or Side-Table, my own and my Chap-
lains bowing towards the Table or Altar at our approaches to it,
our going in and out from the Chappel ; my Chaplains with my
own ufing of Copes therein, at the celebration of the Lords Supper,
and fblemn confecration of Bifhops, attefted by Doftor Heyivood
my own Chaplain, who confelTed, that he celebrated the Sacrament
at Lawi/et h-Chzppel in a Cope ; That my other Chaplains did the
like, and that he thought I was fbmetimes prefent when they did
it ; That the Bread when the Sacrament M^as adminiftred , was firfl
laid upon the Credentia,i'wm whnece he took it in his hand,andthen
carried it too, and kneeling down upon his Knee prefented it, laid
it on the Lords Table, on which there were Candlefticks, and Ta-
pers, but not burning, ashehadfcen them at Whitehall; which
Mr. Cordj.vcll, once my Servant, likewife depofed: adding that
I was prefent fbmetimes when this was done, and that my Chap-
O o lains
Defence of
the Arch bi-
fhop to the
third Inno-
vation-
280
Hiftorical ColleBions.
An. 1654.
Reply.
lains bowed down thrice towards the Altar at their approaches to
it.
To which I anfwer, Firft^ That I took my pattern of the Creden-
t'm froniBifhop Anlrovs Chappel.
Secondly., That this bowing towards the Altar was iifcd in the
Kings Chappel, and in many Cathedrals, both in Queen Eltzakth
and King Ja?nfs their Reigns.
Thirdly., That the ufe of Copes is prelcribed by the 2 4?^/^ Canon
of our Church, Aftno 1605. which orders thus in all Cathedral
and Collegiate Churches, the Holy Communion fliall be admini-
ftred upon principal Feaft-days, fbmetimes by the Bifliop if he be
prefent,and fometimes by the Dean ; fbmetimes by a Canon or Pre-
bendary, the Principal Minifter ufmg a decent Cope : This therefore
is no Innovation.
To this was retorted in general, that Sir Nathaniel Brent ^ and
Dr. Featly depoled, there was no fuch Credentia, bowing towards
the Table, Altar, or any Cope at all ufed in L^w^trA-Chappel, in
his Predeceffors time ; therefore all thefe are meer Innovations :
In particular it was replied, that it appears not by proof Bifhop
jhdrews had any fuch Utenfils, Vefl-ments, or bowing in his Chap-
pel, therefore this is a meer groundless evafion. But admit he had,
yet Bifliop Andrews Chappel was no Law, Canon, nor pattern for
him to follow, againft our Laws , Common-Prayer-Book, Homi-
lies, Injunftions, which exclude fuch Innovations : And if the Pat-
tern of the Chappel and its Furniture which w^e gave in evidence
were Bifhop Andrews, as he avers, it was as grofly Popifli and Su-
perftitious as the Popes, oranyPopifh Prelates Chappel whatlb-
ever. As for the Credentia, it is direftly taken out of the Roman
Ceremonial and Pontifical, as we have proved, the only Canons
we know prefcribing it : and we find the ufe of it only in fbme Po-
pifh Churches, and mentioned no where but in the Roman-M/ffal,
among the Rites of celebrating the Mafs ; therefore it is a meer
PopiihUtenfil, appropriated to the Mafs, anda forerunner of it.
Secondly, This bowing to and towards the Altar, was never pre-
fcribed by our Statutes, Articles, Homilies, Common-Prayer-Book,
Injunctions, Canons, never praftifed by any till of late, but fbme
few Popifh Court-Doftors, and Cathedralifts ; never ufed by his
Predece{ror,or his Chaplains ; introduced only by Papifls at the firft,
in honour and adoration of their Breaden God upon the Altar ; and
enjoyned only by the Roman-Mrffal, Ceremonial and Popifh Ca-
nonifts, as we have largely manifefted ; therefore not to be juftified
orexcufed.
Thirdly, The Book of Common-Prayer , and Adminiftration of
the Sacraments, and other Rites and Ceremonies of the Church
0^ England ( the only Direftory what Veftments, Ceremonies are
to be ufed, confirmed by our Laws ) prefcribes not any of thofe ;
warrants not, but excludes the ufe of Copes upon any occafion :
whereupon our Homilies and beft Writers condemn Copes as
Jewifh, Popifli, Paganifli, enjoyned only by the Roman Cenmoni-
al, and Pontifical, as we have proved, Injunftions deeming them Po-
pifh : yea, the third part of the Homily againfl: the Peril of Idola-
try, hath this memorable pafTage concerning them, Page 72. And
btcanfe
■.m ■ JiJJfJ-lJ J-, LUIW
tiifiorical C oil e& ions
281
k'Ctu-Jt the IV hole Pa^e.tMt rn/tft throng' hly bt j^Liycd, it is not enough
thus, to d'sek Images and Idols ( with Gold, Silver, Richf Wanton and
Proud Ap^-tmly tempting their Paramours to ivantonnefi ) but at lift
come in tlK Priej^s thernftlvesy liktwife decked with Gold and Pear Is ^
th.it they may bt meet (ervants for fich Lords and Ladies, and fit
vMrjhipf^ers of Jiich Gods and Goddejjes ; arid with a foletnn pace they
pap forth b<fore the Golden PuppctSy and fall down to the ground on
their Marrov-bones before tht: honourable Idols^ ( and their gorgeous
Altars too : ) therefore certainly it is impudency for him thus to in-
troduce and juftifie them againft thele Authorities. Now whereas
the Arch-Eilhop pleads the 24?^ Canon, made in the year 160 j, to
warrant the ule ot" Copes in his Chappel ; We anfwer, firft, That
the Canon extends only to CoUegiat and Cathedral Churches, not
Parochial, much lels to Chappels : therefore it can no way warrant,
but condemns this ufe of Copes in his Chappel.
Seco.dl}., It enjoyns only the chief Minifter to ufe a decent Cope,
not a gaudy one with Images, and rich embroidering upon it fuch ,
as the Copes M-ere.
7 hirdhy This Canon was never binding to any, but rneerly void
in Law, being never confirmed by Parliament, and croffing both
the Common-Prayer-Book and Homilies ratified by Parliament;
therefore all thele his Anflvers in juftification of thele Innovations
dilplay his impudence to the World in juftifying fiich Popifh Re-
liques as thefe.
Some of the Scots who were members of that Parliament which
Cite at Edr-nbnrgh Anno 1635, and were then againft palling of the
Aft for wearing of Whites, &c. remained full of difcontent ; and
with fome of their privity there was put forth in Print, a Pam-
phlet called a Libel, which rel-^efled upon the Kings proceedings in
the laid Parliament, charging His Majefty with gaming of Votes
by undue means and praftice, to obtain the laid Aft to pafs in that
Parliament : which Libel this Year paft through many hands till
Spottifwood and fome of the Lords of the Council found out the Au-
thor, and it fell upon one Hagg^ who efcaped and went beyond
Seas; but upon further enquiry it was faftned upon the Lord Balrne-
rinoy who was prefently apprehended and committed Prifoner to
the Caftle at Edenburgh for Treafon, afterwards tryed and condem-
ned ; but the King was gracioufly pleafed to reftore him to his ho-
nour, life and eftate.
His Father had been Secretary to King James, who as the Hifto-
ry faith, fliafled a Letter of his own contriving, from King James
to Pope Clement, in favour of the Catholicks, for which Bahnerino,
the Father was queftioned by King Ja^ms, and accufed of High •
Treafon, and condemned to fiiffer death ; but aftewards pardoned
by King "Barnes, and reftored to life, eftate and honour : fo both Fa-
ther and Son had an obligation put upon them by both their Maje-
fties ; yet the friends of Balmcrino remained diltatisfied with both
the fentences of death, and would be talking that which might
have brought them alfo into danger.
About this time there hapned a great Battel m Germany, of which
take a brief account, for the Viftory was great.
O o 2 After
10
Caroli
Se the Homi-
At Edenburgh
there was a
Printed Pam-
phlet difper-
fed, reflefting
upoti the King
Lord Balmiri-
no queftioned
for the fame,
and condem-
ned.
His Father was
likevvife ar-
raigned and
condemned in
King Jamts'i
time.
But both par-
doned by
King Jamei.
282
H/ftorical ColleBions.
Ar-. 16^4.
The Cardinal
iifinra laar-
cl;es with an
Army ro tlie
Emperors af-
fi It J nee.
The Bjtfel
near Norlind-
gin.
Tlie Svccdts
overthrown.
The Svedis
rally and get
up an Army.
After the difbrder of the Imperial Army by FralltnfUnes murder,
the King of Hm^ary, j[bn to the Emperor, was hberal and bounti-
ful to the Souldiers, giving them plenty of money for Pay; took
the Oaths of the Souldiers to be faithful to the Emperor : but the
Emperor ftood in great need at this time of help and aiTiftance from
his Allies and Friends to fupport the Houfe of Aitftria , lor the
Svede at this time had got almoft half (jt:r}nmy ; whereupon the
Cardinal Infanto came horn M/lan with the old Spanijlj, lidLtn and
Bnr(ru»dian Eands through all S vitz.tr Und : thefe Forces joyning
with the Lnperialifts, marched into the Dutchy of VFitzembnroh ;
bist NordU'f{(ren being a ftrong Town and Garrifbn in their way
gave a ftop to their Advance.
They came to the Emperors Camp before Nordlingen on the id
0^ Stpttmber, and alarmed the AtWc.f, who gather all their Forces
together ; Guft/ivn-s Horn joyns with the Duke Bernard^ and ad-
viles rather to fpare the Enemy a Town or two, than to hazard
the Publick Caule upon a Battel.
After this a Second Council of War was called, and it was re-
fblvsd again not to fight, but to ftay till the Rhimgrave with his
Troops, eonfifting of 4000 men, Mere arrived ; but upon Munday^
September the A^th, the Field-Marflnal Cratz, together with Major-
General K.av'g^ arrived to the AlTiftance of the S:vfd.es : this prevail-
ed with Duke Bermrd to put on a Refblution to Fight, and not to
Ifay the coming of the Rhinegrave and his 4000 men.
On7«y^^ythe <^tho^ September they joyned their Forces, and
in the Evening advanced into the Valley under Qopingen^ half a
League from the Imperial Camp.
September t\\Q 6thy The A? We-j very early before fix of the Clock
aflaulted the Imperial entrenched Army, with great fury obtained
Ibme Standards and Enfigns, and three pieces of Canon, took one
of the Sconces upon the Hill ; about which were engaged two Re-
giments of Swedes^ who loft their lives, being blown up either by a
Mine sprung, or fire given to Gunpowder in the Sconce. But this
lofs did not at all ftartle the Svedes^ nor the Enemies great Canon
from a Battery ; but on they marched to the Body of the Enemy,
who had the remainder of their Ordnance, laden with great and
finall fliot, hid behind fbme Bullies on a rifing ground ; and when
the .S'l'f^o- came ibmewhat near unto them in Battel-array, they
difcharged their Canon behind the Buflies all at one time, M'hicli
did incredible flaughter, and made partitions in the Swedes Army
with men that fell like Streets. This much daunted the Svedes,
and in thisconfufionthe Horfe of the Imperial Army commanded
by the Duke of Lorram and John de Wert managed their Armes
fo well, inlbmuch as in two hours time they obtained an abiblute
Viftory over the Swedes. 2000 Swedes Horfe were cut off, 4000
Ff^itzemburghers were put to the Sword, 2000 loft at the Sconce,
The Swedes likewife loft all their Canon, being eighty pieces of
Ordnance, 300 colours, their Wagons, Bag and Baggage ; and that
brave fbldier Gu(lavus Horn was taken Prifbner. This great fiic-
cefs of the Imperidifts anfwered for their lofs at the two Battels of
Lipfv/ck and Lutzen.
Duke Bernard was wounded, but retired to Helbrun to colleft
again the difperfed Troops, 1000 ^SdW^^ Horfe efcaped and came to
the
Hijiorical ColleUions.
283
the Rh'ned^ravcy where, in a fliort fpace, the Rhi/ie^rave had an
Army of 6000 Men, and joyning with Bnnitrc, got up a confidcra-
ble Army, and flaying till Duke Bcmard came to them, they fell
into Atlion to offend the Enemy ; and meeting with fbme of the
Infmtxs Army, which he M'as lending back by the way of Brifxc^
had thci-eabouts a brisk Encounter with them, and though the
Enemy were Armed Cap-a-pc^ yet the Swedt-s killed many, and took
many Prifbners at that time.
This Summer Her Majefty made a Progrefs North of Trent^ the
King accompanying Her all the way : they had no fboner paffed the
Trent ^ but were entertained at Bolfover Caftle in Ditrby-jhire by the
then Earl (afterwards Duke) oi Nerve aft k^ where nothing was
fpared which might add Splendor to the Feaft, fo highly Honoured
M'ith the Prefence of both their MajelHes.
The Earl fent for all the Gentry of the Countries of Darby and
Nottin^h.i.m to come and wait upon their Majeflies, who came
\^'ith great joy and chearfulnels, and were nobly Treated by the
faid Earl, for he fjxired for no Cofts to render his Reception of
both tjleir Majefties worthy their Royal Acceptance.
The Expence which the faid Earl was at in the preceding year
Tn entertaining the King at JVelbeck, and at this time at Bolfover^
was eftimated by Men of judgment to coft the faid Earl loooo /.
and upwards.
All this was but an Earneft of this Earls Duty and Love to his
Prince , for afterwards, when the unhappy Wars broke out, he
adventured Life and Fortune for the King ; and his Eftate was fold
by the Parliament as forfeited, out of which was railed by the fale
thereof H1593 /. 10 s. 11 d. Befides, he had other great lofles
out of his Eftate Real and Perfbnal,during tliofe troublclome times.
On the I ()rh of J///y, this year, Mr. Thomas Cook of Brazen-nofe
Colledge in Oxford, was enjoined Recantation for ufing fbme Paffa-
ges in a Latin Sermon, reflefting upon the ^rw/;i?M« Party, where-
in he violated the Kings Edids concerning fuch Points of Con-
troverfie.
Likewife William Hobbs, Fellow of Trinity Colledge, for Preach-
ing againfl: Falling from Grace, &c. and rePe?ting upon the Armi-
nian Party, contrary to the Kings Declaration, was on the 2 5?/^ of
'January enjoined Recantation for the lame, Recorded in the Univer-
fity Regifter fol. 54.
It was ufual in thole days, by the Interceflion of the Queen,
Qiieen-Mother, and Powerful Privy-Councellors about the King,
who then were fiifpe£bed to be, and afterwards dyed, of the Ro-
mi(f} Religion, ojiz. the Lord Treafurer Weflon, Lord Cottimton,
and Ibme others of the Privy-Council of the fame Romifly Faith,
to prevail with the King to grant Letters of Grace to Itay Pioceed-
ings againft Reculants upon any Indiftment, Prefefttment or Infor-
mation, for or coricerning Recufancy. Here followeth the Exam-
ple of Two or Three of many that were granted in that kind in
that year.
By
I o Caroli'
The Queen
goes a Fro-
grefs.
Mr. Coo^ or-
dered to re-
cant his Ser-
mon.
Mr. Hobbs or-
dered to make
Recantation.
Some Privy.
Counccllors
RomifhRecu-
fants.
284
^». 1634
Hiftorical ColleUions.
A Letter of
Grace from
the King to a
Romi(h-Recu-
fanc.
*■ He was af-
terwards a
great Aftor
in tlie /r/;/;
Rebellion.
Another Let-
ter of Grace
of the Kings
to a Romifh-
Recufant.
Another Let-
ter of Grace
of the Kin£;s
to a Romifh
Recufant.
By the King.
7" HereM We hxvt received good Tefiimony of the Loyalty, and Du-
ty and JffeBion of Our trtifly and well-belaofd Captain * John
Read ; andbecauf he may be fnbjeB to the Penalties of the Lars again [i
Recti fancy J thefe are to fignifie, That We are gracioujly f leafed to extend
Our Special Grace toivards him ; and do hereby Will and Command ^ That
no Indictment, Prefentment^ Information, or Suit in Our Name^ or in
the Name of any other ^ be henceforth commenced^ profectitedy or accept-
ed againft him by any of Our Officers or Subje^s whatfoever^ for or con-
cerning Recnfancy. And if any fuch jhall happen^ then Our Will and
Pie a fare is^ That upon fight hereof the fame fljall be difcharged and
made void^ or othenvife not prejudicial unto him. Given under Our
Signet the i 3th day of July, in the 10th Tear of Our Reign.
To all and fingular Our Judges of Aflize, Juftices
of Peace , Majors , Sheriffs , Clerks of Aflize,
Bailiffs, Conftables, Informers, and all other
Our Officers and Minifters whom it doth or may
concern, and to every of them.
Charles Rex.
'*~1'"Rufly and Wel-beloved, JVe greet you well. We have been often
1, andearneftly moved by Our dear Mother //'c Queen-Mother of
France, to extend Our Favour to Sir Henry Bedingfeild Kjiight^ his
Wife and Family ^ who are Pop iff} Recufant s^ a?jd We are very nulling,
that for Her fake they (hould receive Our Favour , when they fljall
fland in need thereof for that Caiife ; yet we muft fo perform it, that
it may not be of ill example to others^ who are or Jljall be in the like
kind ohnoxiom to Our La.vs for Recufancyj nor be fcandalom to Our
Government y whereof We are and muft be tender : therefore Our Will
and Command to you is. That you take knowledge of Our Pleafure here-
Wy and take fpecial care to preferve the faid Henry Bedingfeild, and
his Wife, from the danger of the Laws made againfi Pop iflj Recufant s,
that Sir Henry himfelf (fjall not be-impeaghed any way for any of his
Family for being PopifJ) Recufant s ; for the doing whereof from time to
time by fuch ways you fljall think fttefty this fljall be your Warrant.
Dated the 20th of November 1634.
Charles Rex.
W^ Hereas Our trufly and wel-beloved Sir Francis Englefeild
J^niaht and Baronet being a Recufant, is thereby fubject to Our
Laws and Statutes in that cafe provided ; thefe are to fignifie Our
Royal Will and Pkafure, That no perfm or perfons fijall at any time
hereafter fue, profecute^ implead, either by way of Indictment^ Infor-
mation, or otherwife, agatnU the faid Sir Sir Francis Englefeild, for
being a Recufant , or caufe or procure him to be indicted or convicted by
venue of any of Our Laws , or Statutes againft Popiffj RtcufantSj
till
Hijlorical CoUeHiojis.
till iVd jjj.tll fi^aifii Our P/faf'r,-f to the coMtrary. Given mjxr Our
iSi^mt at Our Pal.tc' at Wclhninltcr th^ 6t!i day of December, i/i th^
lotll Tt-ar of Onr Reigfi.
To all Our Judges of AOize , Tufticcs of the
Peace , Majors , Sheriffs , Bailiffs , Conflables,
He.idboroughs , Purfivants ,. and to all other
Our Officers and Minifters, whom it may or
doth concern, and to every of them.
Befides thefe Letters of Grace, Protections were ufually grant-
ed, that Courts of Juliice fhould not proceed againfl fuch Popifli
Recufants, which were, fignified by a Letter from a Secretary of
State to the Judges of the Court, that they fliould not be Eftrca-
ted into the Exchcfter. Thofe Protections were in form fol-
lowing.
T Pon rpecial directions given by Kis Majelty, and fignified by
I a Letter from Mr. Stcretary to the Right Honourable Sir
Iho. Rkhardfon Knight, Lord Chief- Juftice of His Majefties Court
of Kjngs-Bemhj bearing date thefixteenth day of Jpril 1654. and
fhewed now to this Court ; it is ordered by this Court, That the
Recognizance taken in Court at the SefTions of Goal-deUvery, hol-
den for the County of Mtddlefix, at Jnftkt-Hall in the 0/d-Ba//y
the ^th day of OBober laft paft, wherein Alexander Baker^ of the'
Papfh of St. Andrews in Holborn in the County of Middkfx Gen-
tleman, was bound to His Majefty with two Sureties for his ap-
pearance at the SelTions of Goal-delivery then next followin"-, at
which Seflions he made default, fhall not be Eltreated, but all fur-
ther Proceedings thereupon Ihall be foithwith itayed.
Titles of Proclamations for the Year 1(534.
A Proclamation appointing the time when Hii Majefties Siihkcls
may approach to the Court for Cure of the Dtfafe ailed the
Kings-Evil.
A Proclamation commanding all Our Siibjecfsy bein^ Sea -men and
Ship-wrights, in the Service of any Tor reign Prince or State, to re-
turn home within a certain time.
A Proclamation appointing the Flags, as well for Our Navy-Royal
as for the Ships of Our Subje^s of South md North Britain.
A Proclamation refraining the Abufes in Gold-weights, fraudulently
committed contrary to a former.
A Proclamation concerning" Tobacco.
An Acquittance to be given by the KJngs Commiffioners for the Con-
tribution-money Collected for the Repair of the Cathedral of St.
Pauls.
A
'~) '^ c
10 Carol-.
11. A^. ro
Cxr. p. 157.
ofcheSeffi-
ons-Book.
Whitehall the
2 2d day of A-
pril.
Greeiiivichf/;f
Sth djy of
May.
Greenwich thi
Sth diy of
May.
Greenwich ths
Stb diy of
May.
Greenwich (/;?
l<$th day of
May.
*^
?:S6
Hifioricnl ColleUions.
An. 1634.
Grfenwirl)f/)f
a 5H) A:ij of
Jrtoe.
Th''o'iaI>If the
1 ^'b day of
jMly.
Hampcon-
d.iy of Sip-
tcnibcr.
HMnpton-
Courcfd'iytfe
day of Ofto-
ber 10 Car.
TheobaMs the
I :;th day of
November.
Whitehall thi
^d day 0/ De-
cember.
Whitehall the
•jth day of De-
cember.
Whitehall the
J Decree in tin Star-chamber concerning CotnpUints made about the
flop andrtfufJ (/ rarthing-Tokens.
J Proclamation concerning [a'uing of Fuel, Materials^ Labour ., and
kK.ning the great annoyance o/Smoak.
A Proclamation concerning the well-ordering the Trade, of making
and felling of Soap.
A Proclamation appointing the time n-hen His Majefiks SnbjeBs may
attend to be Cnred of the D'f^f commonly called thj Kings-Evil.
A Proclamation againft the keeping and ufing of Setting-Dogs.
A Proclamation for Reforming and Preventing the Frauds fret^uent-
ly practifed, ai well in the over-iveight of Butter-Casks, as well as in
the falfe packing of Butter.
A Proclamation for Reformation of the many Abiifes comtnitted a-
gainfi the Corporation of Gardiners,
A Proclamation for the better-ordering the Tranfportation of
Cloths , and other Woolen Manufactures into Germany , md the
Low-Countries.
A Proclamation forbidding my refort to Hm Majefiies Court , for Cure
4ti) day of of jhe Kioss-Evil, till Eafter next.
)ecembcr. -' °
Decembc
Whitehall the
■3.0th day of
January.
Whitehall the
a $tfe day of
January.
Whitehall the
I ^th day of
March.
A Proclamation for the Prizing of Wines.
A Proclamation for the well-ordering and fetling the MmufaBure of
Soap, under a Rule and Government.
A Proclamation for prefervation of Grounds for making of Salt-
Peter, And to refiore fuch Grounds as art- now defray ^dy and to cotnmand
Affiftance to be given to His Majejlies Salt-Peter-makers.
Hiftorical
(lorical Collections
for the Year, 1695.
The Arch-B/pof of Canterburies Diary,
ANd from thence forward all in firm kindnefs between /C- B.
and me.
Alaj 18. Wbitpmday zt Greenwich my Picconnt to the
Queen pat oft till Trinity -Sunday ; May 24. then given
her by my lelf , and ailurance of all that was defired by me, &c.
May, Jime^ July ; In thefe Months the troubles at the Commif-
fion for the Trealliry ; And the difference which happened between
the Lord Cottingiou and rny lelf, 6^0.
Saturday July 11. IVcdnefday July 2 2 , two fad meetings with ^.
B. and how occafioned.
July 12. Sunday^ at Tkobalds the Soap-bufinefs was ended, and
fetled again upon the new Corporation, againft my offer for the
old Soap-boilers; yet my offer made the Kings Profit double two
years after the new Corporation was railed : how it is performed
let them look to it, whom His Majefty fliall be pleated to truft with
His Treafiirers Staff. In this bufinefs, and Ibme other of great con-
lequence, during the Commifiion for the Treafury, my old Friend
Sir f. IV. foribok me, and joyncd wath the Lord Cottington, which
put me to the exercifc of a great deal of patience, cfr.
September 2 . JVedntfdav, I was in attendance upon the King at
/Vood/lock, and went thence to Cudfden to lee the Houfe which Dr.
John Bancroft^ then Lord Bilhop of Oxford.^ had there built, to be
a Houle for the Rilliops of that See for ever, he having built that
Houfe at my perfwafion.
September 3. Thurfday, I went privately from the Bifliop of Ojc-
fords Houfe at Cudfden., to St. Johns in Oxford, to fee my Building
and give fbme direftions for the laft finifhing of it, and re-
h)'
there,
turned the lame night, Haying there not two hours,
September 1^. I went to St. Pauls to view the Building, and retur-
ned that night to Croyden.
Sfptembtr 29. the Earl of Arundel brought an Old Man out
of Shrnp-fjjire , he was this prefent Michaelm.isAz.y fliewed to
the King and the Lords for a Man of 152, or 15^ Years of
Age.
October 26. Monday., This morning between Four and Five of the
Clock, lying at Hampton-Conrti, I dreamed that I was going out in
haffe, and that when I came into my Outer-Chamber, there was
my Servant VT. Pennell in the fiime Riding-Suit which he had on
II
Caroli.
A^rll 9. Tlie
Arch-biniop
of Canterbk'
riis Diary.
P
that
288
Hiflorical ColleEiions.
An. 1655. that day feven-nlght at H.xmpon-Court with me: me thoughts I
"" wondrcd to fee him, ( for I left him fick at home ) and asked liim
how he did, and what he made there? and he anfvvered me, he
came to receive my Blefling, and with that fell on his knees ; and
hereupon I laid my Hand on his Head, and prayed over him and
therewith awaked. When I was up, I told this to them in my
Chamber, and added, that I fliould find Finndl dead or d}'ing.
My Coach came, and when I came home, I found him paft .'■enle
and giving up the Ghoft ; lb my Prayers, ( as they liad frequently
before ) commended him to God.
November 11. Saturday^ Charles Eleftor Palatine Q^mc to FFhite-
hall to the King.
November 7,0. St. J/idreivs day, Mo'/idny, Charles Prince-Ele£lor
Palatine, the Kings Nephew, was with me at Lambeth, and at
fblemn Evening-prayer.
December 1 4. Monday^ C harks Prince-Eleflor came fuddenly upon
me, and dined with me at Lambeth.
December '^'^. Chrifim.ts-day^ Charles Prince-Elector received the
Communion with the King at Whitehall ; he kneeled a little befide
on the Left-hand ; he iat before the Communion on a Stool by the
Wall, betore the traverfe, and had another Stool and a Cufliion be-
fore him to kneel at.
December 28. Monday , Innocents-day , about Ten at night the
Queen was delivered at St. ']x7?ies''s of a Daughter, Princels Eliza-
h-th, I Chriftened Her on Saturday following.
Jan. 2. L tie [day, February 2. Candlemas-day, my neajer care of
7. S. was profeffed, and his promife to be guided by me, and ablb-
lutely letled on Friday after.
February 28. I Confecrated Dr. Roger Manrvaring Bifhop of St.
Davids.
March 6. Sunday., William Juxon, Lord Bifliop of London^ made
Lord High-Treafurer of ¥.nglmd\ no Church-man had it fince
Henry the y/^/^'s time : I pray God blefs him to carry it To, that the
Church may have Honour, and the King and the State Service and
Contentment by it : And now if the Church will not hold up
themfelveSj under God I can do no more.
Mirth licefi-
mo primo A-
prii' Anno un-
decimo Caroli
Regit.
M. Goad.
Jo. hM\s.
Ro. Shelton.
Edw. LiCtliton
W. /!ylo§;.
Jo. Bramdon.
E.HirkU.
An Information in the Star-Chamber avainfl divers Terfons of
Quality, for refidtn^ in Town contrary to the Kjn^s Procla-
mation.
To the Kings Mod Excellent Majefty.
Q Ir John Banks Kt. Your Attorney-General , Informeth Your
O Majefty, That whereas as well the late Sovereign Lady Queen
Elizabeth, and the late Sovereign Lord King James, Your Majefties
Father of BlelTed Memory, by feveral Proclamations publifhed
throughout the Realm, did command, That Perfons of Livelihood
and Means fhould refide in their Countries, and not abide or Ibjourn
in or about the City of London, and other Towns , for that hereby
the
Hiiiorical Colle&ions.
Q89
the Countries remained iinferved ; and Your Majefty did by Your
Proclamation dated the Twentieth day of 'J/me, in the Eighth
Year of Your Majefties Reign, publickly proclaim in all the Coun-
ties of Your Realm (amongfl: other things ) declare, That Your
Majefty having obferved, that of late years a greater number of
Nobility and Gentry, and abler (brt of Your People, with their
Families, have refbrted to the Cities of Lf^«^'7«and/7V/?/%//?/Ar,
and Places adjoining, and there made their refidence than in for-
mer times, contrary to the ancien": ufage of the En.di(]j Nation,
which hath occafioned divers inconveniences : for where by tlieir
refidency and abiding in feveral Countries where their Means ari-
leth, they ferved Your Majefty in feyeral Places according to their
Degrees and Ranks in aid of Government, whereby, and by their
Houfe-keeping in thofe Parts, the Realm was defended, and the
meaner fort of Your People were guided, direfted, and relieved ;
but by their refidency in the faid Cities, and Parts adjoyning, they
have not employment, but live without doing any Service to Your
Majefty, or Your People ; a great part of their Money and Sub-
ftance is drawn from the feveral Countries where that arifeth, and
is fpent in the City in exceflive Apparel provided from Forreign
Parts, to the inriching of other Nations, and unnecefTary con-
fumption of a great part of the Treafure of this Realm, and in other
vain Delights and Expences, even to the wafting of their Eftates,
wliich is not illaed into the Parts from whence it arifeth, nor ai'e
the People of them relieved therewith, or by their hofpitality, nor
yet fet on work, as they might and would be, were it not for the
abfence of the principal Men out of their Countries, and the ex-
ceffive ufe of Forreign Commodities.
By this occafion alfb, and of the great numbers of loofeand idle
People that follow them, and live in and about the faid Cities, the
difbrdcrs there grew fb great, and the delinquents there, became fo
numerous, as thofe places were not fb eafily governed by their ordi-
nary Maglftrates, a$ in former times ; and the faid Cities were not
onlv at excedive charge, in relieving a great number of thofe idle
and loofe People that grew to beggery, and became difeafed and'
infirm, but alio w^ere made more fubjefl: to contagion and infetlion;
and the Prices of all kind of ViGuals both in flie faid Cities, and
in divers other I^laces, from whence thofe Cities were ferved, M^fe
exceedingly increafed, and the feveral Countries undefended ; the
poorer fort of Your Majefties People were unrelieved, and not gui-
ded or governed as they might be in cafe thofe Perfons of Quality
and refpeQ: refided among them. Your Majefty finding thofe in-
conveniences to arife from thence , and forefeeing that more M'ould
enfue if timely remedy were not provided, did further, in and by
Your faid Proclamation, declare Your Highnefs's refblutionfor the
common Good of Your People, ufe all good ways for preventing
of thofe great evils ; and obferving that Your Noble Progenitors,
Kings of this Realm, have ufed, when for the common profit of
the Realm that was necefTary, to command the People as well of
the Clergy, as of all forts of the Laity, to keep refidence at their
Dwellings in the feveral parts of the Realm, where, for defence
and good fafety thereof, was moft necefTary, and to reftrain their
departure, or changing their Habitation from thence under divers
P p 2 pains,
1 1 Car oil.
■l^-
290
Hifiorical Collections.
Jn. 1635.
pains, upon the contemners of thofc commands, Your Majefty did
theretofore, in and by Your laid Proclamation, ftraitly charge and
command Your Lords both Spiritual and Temporal, Your Lieute-
nants, and Deputy-Lieutenants of Counties, Your Majefties Juftices
afllgned for conlervation of the Peace, Baronets, Knights, Ef-
quires, Gentlemen, and all Clerks having Benefices witii Cure,
or Prebends, or Dignities in Cathedral, or Collegiate Churches,
and all other Your Majefties Subjefts of the feveral Parrs of the
Realm, that had Manfion-Houfes, and Places of Refidence in other
Parts , and were not of Your Majefties Council , or bound
to daily attendance on Your Highnefs , Your deareft Con-
fort the Queen, or Your Children, that before the end of forty
days next after the publifliing of the laid Proclamation , withiii
Your City of London^ they with their Families fliould depart from
the Cities of Lofidon and PVefim/p/tr, the Suburbs and Liberties
thereof, and places adjoyning, and refort to their feveral Coun-
ties, where they uiually refide, and there keep their Habitations
and Hofpitality, attend their Services, and be ready for the defence
and guidance of thole Parts, as their Callings, Degrees, and Abi-
lities fliould extend, upon fuch pains as w ere to be inflifted upon
thofe that fhould negleft the publick Service and Defence of the
Realm, in contempt of Your Majefties Command ; and that thole
as well thereby commanded to return to their feveral Countries, as
thofe which were aheady there, fliould upon the lame Pain conti-
nue the Refidency of themfelves and their Families there, and do
their Duties and Services as aforelaid. And Your Majefty did fur-
ther, in and by Your laid Proclamation, declare. That it was Your
Majefties firm refolution to withftand fuch great and growing evil
as aforefaid, by all juft ways, and by a conftant feverity tov/ards
the Olfenders in that behalf; for which cauie Your Majefty gave
fuch timely warning, that none Ihould hereafter prefume to offend,
nor put themfelves to unnecelTary charge in providing themfelves to
return in Winter to the laid Cities and Places adjacent, but that they
fliould conform themfelves to Your Royal Commandment exprelled
in Your Highnefs's faid Proclamation, as they tendered their Duties
to Your Majefty, ojr the Good and Wel-fare of their Countries and
themfelves ; as bvthe laid Proclamation, which the one and twen-
tieth day of the fame Month was publickly Proclaimed in Your fiid
Cities of London and VFtfiminJter, and elfe- where, more at large
appeareth.
Yet neverthelefs fo it is, may it pleafe Your Moft Excellent Ma-
jefty, That the Right Honourable John Earl of C'/.?re, H-nry Vif-
count Newark , VFilliam Vifcount Mounfon , "Johyi. Lord MoLuy^
Thom.ts Vifcount Fitz-Tvilltams^ Lord lunhrid'^e, and HciT/y Lord
Stafford, who hold, and long have holden. Places of Imployment
under Your Majefty in feveral Counties of this Realm ; and Sir
ThomM Stiles Knight and Baronet, Sir Thomts St.t^les Knight and
Baronet, Sir John Sytnonds, Sir Ja?nes Stomkxifv^ Sir Johri Jvres, \
Six Anthony Brtiggs^ Sir Peregrine "Bartye, Sir Edmond LinthaH, Sir
Ralph Gore, Sir Henry Hart, Sir ThomM Littleton, Sir Thomts
Thynne Knights, Sir Humphry Fofier Baronet, Sir Ralph Middijor,
Knight, Sir Gregory AV/^£5/? Knight and Baronet, Sir Edward Pjnto/ty
Sir Robert Harlorve, Sir John Telbye, Sir George Fane, Sir VJ^iHum
Playtery
Hiflorical CoUe&iom.
291
Playtcr, Sir VVtlliAm Heivett, Sir ''John Savage, Sir Vl'^illum Motin-
fon. Sir George W'mdhAm^ Sir ¥ra.)tck Godolphin, Sir Wdter De-
vorcux. Sir Henry Bowfcr^ Sir Francis Vl'^infon^ Sir Henry Jppleton,
Sir Thom.rs Pope, Sir jyA^ Sucklings Sir ^/'^ Everetfj Sir Matthew
M/ncey Sir Vl^alter Smithy Sir Francis Thornehill, Sir Michael Sands ^
Sir Edivard Bullock^ Sir Thom.ts FanfJjaive, Sir Thomas Cannony Sir
Henry Qompton^ Sir B.?/// Brooke, Sir ^o^'^ %'^t', Sir Robert Napper,
alias Timdye, Sir Henry Atkin, Sir David Roberts, Sir Thom.ts VVal-
ftn'^ham, Sir Thom.ts Harloive, Sir Henry Gilford, Sir Theobald Gorge,
Sir Lenthropp Fr.incke, Sir Foivke Griz/e'l, Sir Thomas Gardiner, Sir
Pf/^tr Ojborne , Sir Robert Needham Knights j J(?^» Bro.vnlorve,
Thomas Pitts, Thomas Liijon, Richard Moylt, Edmond Pye, Richard
Griffith, George Lajfells, and about a Hundred Efquires more, and
divers Counteffes, and Ladies of Quality, as the Countels of Oa-
/t'r^, Dame J^^ze Lambert, Dame Ellenor Terrhet, 8fC. Jo/^/? Board,
Edmond BradjJjan'e, George Muftton, Simon Everye, Vl'^illtam Tyrwtll,
'Thomas Sandye, 'John Dennye, Thomas Wytheringe, Richard Bellamy,
John FortefcHe,V alentine Cajiillian, R ichardPrice,'JohnlPymme,Vl'^illiam
Atkinjon, James Jojfee, Thomas Waller, James Greene, FVilliam
Q^atkins, Thomas Vac hill, Thomas Wroughton, John Cowper, Tho-
?nas Mathewe, Edmond Nicholfon, John George, James VVetherbone,
John Hambleton, Charles Care, Edward Bennet, Hugh Fulwood, John
Light, Francis Cave, Thomas Blake, Thomas Giff'ord, Geoffrey Brown,
Richard Brent, Robert Fifie, Daniel Roper, William Mowre, George
Therley , Richard Fojler, Thomas Winchfeild, Robert Hutton, Ri-
chard Vane , Thomas Arrundel , James Belfore, William Mathews,
Thomas Gotts , Sturley Bowes , Nicholas Stonthoufe , Robert Love II,
John Borndell, Edward Edwards, Roger North, John Nevill, Richard
Butler, Robert Brew/ler, Giles Fojler, John Glover, Henry John/on,
John Carrell , Edward Eldrington , Thomas Ellis, Humpltry Oaker,
John Webb, Peter Honywood, Robert Jafon , Edward Rookewood,
James Barker, John Chambtrlyn, Rich , John Pepes, John
Kjeling , Adams , Charles Cockaine , George Bowers , Henry
Oxford, George Courtopp, Profper Raynsford, Abraham Blackleich,
Hugh Awd'.ey , John Griffith, Edmond Cotton, Robert Cutts, John
Adye, Richard Vrhite, John Pinchback, who fcrve in feveral Offices
and Places in fundry Counties of this Your Realm,and ought not to
defert their Countries or Places where their Revenue arifeth,and are
fit and able to do Your Majefty and the Realm feveral Services in
their Countries : And Countefs of Oxon, Dame
Jane Lambert, Dame Ellenor Terrett, Dame Vrfula Barty, Dame
Chrifiian Maven, Dame Deborah Mowdye, Dame Alice Butler, Dame
Lucie , Dame K^infmel , Dame Egerton,
Dame Anne Everett, Dame Vrfula Bartye, Dame Jane Hannagh,
Dame Frances Manwood , Dame Wilford, Dame
1 1 Caroli,
Gardiner, Dame Mary Offley , Dame
Mountague , Dame
Winter , Anne Cotton Widow , Grace Dennet , Philtppa
Gill Widow, Margaret Cooke, Elizabeth Murrey, and divers others,
who IHU fecretly remain, and abide within the (aid Cities of Lon-
don and I'l'^eftminfler , and the Suburbs thereof; whofe Names,
when they fliall be difcovered. Your Majefties Attorney prayeth,
he may have liberty to infert into this Information: and none
of them are of Your Majefties Council or Servants, or Ser-
vants
292
Hiflorjcal Colle&ioru.
An. 16^5.
vants to Your Dcareft Confort , the Queen , or Your Chil-
dren.
All which laid Perlbns before-mentioned have divers Manors,
Lands, Tenements, and Hereditaments in fundry Counties of this
Your Majefties Realm of llngLind \ and albeit all the laid Parties
are able at their pleafure to provide for themfelves meet Places of
habitation in other places, than the City of London and Places
adjacent, and other Cities and Corporate ToM-ns, and be able to
keep Houfe, and relieve and comfort poor and needy People in feve-
ral Parts ; yet have all of them, being more led and guided by
their own Wills, than any ways affeored to yield obedience to
Your Majefties Proclamation, unla^'fully agreed together how, and
in what manner to oppole, refift, and w'ithlfand Your Majefties faid
Proclamation , and Royal Pleafure therein expreffed ; and have
had feveral Meetings, and therein advifed and conlidted, how and
in what manner they might effeO: the lame, and have promiled
each other to aid, alTift, and countenance each other in fuch their
contempt and di (obedience. And the faid parties afore-named,
according to their laid Agreements, unlawRilly, and contrary to
the tenor of Your Majefties faid Proclamation, and in contempt
thereof, did feverally and refpeftively ftay, refide, and inhabit in
the faid Cities of London and ll^tfiminjla^ and in the Suburbs and
Places near thereunto ad joyning, with their Families, for the fj^ace
of many Months after the publiihing of the faid Proclamation ,
and after the forty days therein mentioned were expired, though
they had Houfes and Places of Refidence in feveral Counties of this
Your Majefties Realm of England.^ as aforefaid, with Lands of good
value, and were able in other places to provide Places of habitation
where they might, and ought to refide for Service of Your Ma-
jefty, according to their Rank, and to gui 'e, direft, and relieve
the meaner fort of Your Majefties I^eople, and to ferve in the feve-
ral Places and Offices, wherein they M'ere trufted, ( as by the faid
Proclamation they m ere enjoyned to have done ) and have made
fliew of leaving the faid Cities and Places adjacent, and refbrted
into Cities and Corporate Towns abroad, and there made fmall
ftay, and returned again to the faid Cities and Places ad)oyning :
and by means of fuch their ftaying and refiding in and about the
faid Cities of London and Wefimlnlhr^ and Suburbs thereof, thofe
Places have been dilbrdered and difturbed, and the Service of Your
Majefty and Your People in the feveral Countries, have been neg-
lefted and undone. And the faid Parties afore -named, long after
the faid forty days were expired, being occafioned by fbme necelTa-
rv Bufinefs and Imployments of their own to repair unto their Hou-
fes, or other Places in feveral Counties in this Your Majefties
Realm, did moft unlawfully, and contrary to Your Majefties faid
Proclamation, and in contempt thereof, in further execution of fuch
their unlawful Agreements, and in performance of fuch unlawful
Promifes as they had made the one to the other, as aforefaid, after
fuch time as they had feverally difpatched their own occafions in
the Country, did corttemptuoufly return again to Your Majefties
faid Cities of London and Wtfiminfter, and the Suburbs thereof,
where they have ever fince, and do ftill remain and dwell, with
themfelves and their Families, in high contempt of Your Majefty,
and
Hjflorical CoUeBions.
and contrary to the tenor of the faid Proclamation, and againft the
Laws ; all which ieveral unlawful Meetings and Afrreements
TrefpaiTes, Contempts, and other the Offences and Mildemeanors
aforefaid , are of a high nature , and deferve feverc and exem-
plary punifhment, and remain unpardoned. May it pleafe Your
Majefty to grant Your Majefties Writ of Subpa-na to be direfted to
the faid "John Earl of Clare^ Henry Vifcount Newark, William Vif-
count Moiinfm^ 'John Lord Mohnn^ Thom.ts \^ifcount Fhz-williams^
Lord Ttmbndgej Henry Lord Stafford, Sir 'I horn as Stiles^ Sir
Thomas Staples^^ Sir Jo/jn SjmomSf Sir James Stonehonfe, and to all
the Perfbns before-named, commanding them, and every of them,
at a certain day,and under a certain Pain therein to be limited,perfb-
nally to be and appear before Your Majefty, and the Lords of Your
Majefties Honourable Privy-Council, in Your Majefties High Court
of Star-Chamber, then and there to anf\ver the PremilTes, and to
ftand to and abide fiach further Order and Direftion, as to Your
Majefty and Your faid Council (hall be thought meet. And Your
laid Attorney fhall pray for Your Majefties long and proiperous
Reign over Us.
Examinatttr & concordat cum Original}.
Hookei
A Letter to the Arch-bifliop of Canterhioy.
May It pleafe your Grace,
WE ha've put our Brother the B/Jjjop of Rofs to the pains of a long
Jour my, for aiding the Liturgy and Canons of the Church,
andnts rve have found your Graces Favour both to our Church in General,
and our fives in divers Particulars, for which we are your Graces
Debtors, fo me are to entreat the continuance thereof in this, and our
common Affairs. We all wifh a full Conformity in the Churches ;
hut your Grace knoweth, that this muff be the Work of Time. We
have made, bleffed be God, a further Progrefs, than all have here ex-
pected in many years, by His Majefties Favour, and your Graces Help ;
and hope ft ill to go further, if it Jh all pleafe God to continue your Grace
in Health and Life, for which rve pray continually. And fo remittino
all things to our Brothers Relation, we take our leave.
Dated ^/'W/ 2. 1635.
Your Graces affedionate
Brothers and Servants,
St. Andrews,
Glafcow,
J. B. of Murray,
Ad. B. of Dunblane,
J ho. Brcchine.
293
Thomas
1 1 Car oil.
From my
Lord of St,
Andrnvs .and
other Bifhops
about the
Scotifh Li-
turgy and
Canons.
294
■H/ftorical Collet ions.
An. \i 6 5 5 .
June 17.1^95.
The Lord
Keeper Co-jin-
trfs Speed 1
to the Judges
in the Stut-
Cbamber.
Tliomas Lord Coventry, Lord I\ee}Kr of the Grtitt'-Seal of
England, his Speech dt the ddiyery of his Char n^e^ as ])£ rc==
ceiyed it from his Majefly, to all the Judges of England,
Judges of ^Jfi^e in the Scar-Chamber, June 17. 163^.
Alf Lords the "^f it does ,
^"'He Term being done and ended, the Affizes near at hand,
you are to divide your fclves for your feveral Circuits.
Circuits are for the fervice of the King, and the good of the peo-
ple. They are the ex'-cution of the Kings Laws, and the admi-
niftrarion of Jufticc. In the Term the people follow and fofek af-
ter Juftice, in the Circuit julf ice followeth and feeketh after the
People. So gracious is the frame and conftitution of the Kings
Government, that twice a-year, at the leaft, Juftice foltowetli the
Subjects home to their own Doors, which as it is a great ealc of
the trouble, charge and travel of the Country : fo it giveth the
People abetter knowledge of Juftice, and the ends of it, that
they may blefs God and the King fur the fame. It hath been
the cuftom, tiiat before your Circuit you fliould receive fuch Di-
reftions, as the King, or his Council tliink feafbnable to impart
unto you for the Service of the King, and Weal of the People ;
in the declaring whereof, I fliall ftiy but little of the Juft A£is
you are to do between Party and Party, only that you do equal
Right between Poor and Rich, the particulars are left unto your
felves, as they liappen in your Circuits : but fince you are lent by
the King to hear the caufes of the people, it is his Majefties
pleafiue tiiat you fo hear and order, that they may have no caufc
to complain ,to His Majefty, either for denial, or for delay of
Juftice. Of the tryal of Capital Offenders I fliall fay as little ;
that part of Juftice moveth in a frame, and if all Oflicers under
you did their parts, you Ihould walk in fb Ifreight a path, that
you would find it very hard to tread awry ; therefore \ou had need
to heed them narrowly, left they prevent Juftice.
' Look to the corruptions of the Sheriffs and their Deputies ;
the partiality of Jurors ; the bearing and fiding with men of Coun-
tenance and Power in tireir Country : when you meet with uich,
your proceedings ought to be fevere and exemplary againft tliem,
otherwife Juftice fliall be overbron, howfbever you in your own
l^erfbns bear your felves with never fb much uprightuels. And
becaufc the time of Aflizes is very fliort, and expireth in a few-
days, it is neceflary, that you afford as much time as may be, unto
thofe bufineffes that are moft general, and moil: concern the pub-
lick. The Tryal of A^ifi frim., and particular caufes, they are in
the number of thofe things that are not to be left undone ; but
thofe things tliat concern the general and publick good, you arc
to account them as the weightier matters of the Law, and there-
fore you are to take them into prime and chief care and cogitation.
Now, among thofe I fliall commend unto you, in the firft place,
the prefenting and convicllngof Recufants : for as it concerneth
Religion, fb it hath Relation to His Majefties profits, wJiich are
* two
Hiflorical ColletHom.
295
two great
Motives. To which you may add a third, becaufe the
King hath, many years fince, afligned thofc Forfeitures to the pub-
' Hck defence.
'2. In the next place, I do require you, that you make a ftrifl
' inquiry after Depopulations and Incloliires ; a crime of a crying
' nature, thatbarreth God of his Honour, and the King of His Sub-
' jefts ; Churches and Houfes go do\\'n together. His Majcfty
' knoweth, and taketh notice, that according to former dircftions
' given to you in this place, you have given it in charge unto the
' grand Inquefts to inquire, but to little effeft ; and without doubt,
' the Free-holders of Enolmd, do hate and deteft them. Depopu-
' lation is an oppreffion of a high nature, and commonly done by
' the greateft Peribns, that keep the Juries under and in awe ; and
' that is the caufe there are no more prefented and brought in
' queftion : but howfbever your Charge and hiquiry, touching this
' point, hath not taken effe8: worthy His Majefties Care, and your
' Pains ; yet His Majefty willeth, that you do not ceafe, but inquire
' on flill : for ii: is His Refolution, againft all oppofition to make all
' men fee, that he hath a care of this over-fpreading evil, and of
' the means of his People ; to have Churches and Towns demoli-
' fhed, and his People eaten up like Bread, to fatisfie the greedy
' defires of a few, who do wafte as profufely, as they do gather to-
' gether unconfcionably, and bring unto their Pofterity that Wo,
' which is pronunced to thofe that lay Houfe to Houfe, and Field
' to Field, to dwell alone in the midft of the Earth.
' 3. The next thing that I fliall mention to you is, the refti-
' fying, and reforming of Ale-houfes and Tipling-Houfes ; and thofe
' I account one of the greateft pefts of the Kingdom. F/>/?, There-
' fore let none be enabled, either to fet up, or continue without Li-
' cenfe. There are a kind of People that do take upon them Li-
' cenfes. Recognizances, or Laws, or what you will ; who have been
' a great deal the worfe, becaufe they fee a great multitude tolera-
*■ ted, that have no Licenfe. And for the Licenfed Ale-houfes, let
' them be but a few, and in fit places \ if they be in private Cor-
* ners, and Ill-places, they are become the Dens of Thieves ; they
' are the publick ftages of Drunkards and difbrder. In Market-
* Towns, or in great Places, or Roads, where Travellers come they
*■ are necelTary.
' Next unto this, let thofe that be Licenfed, be held ftriftly ac-
' cording to the Law. It hath been obferved, and very truly, that
' in the Taverns, Inns, and Ale-houfes in EngUnd^ by the falfliood
' of their meafure, and unjuft prices, they have drawn more from
' the Gueft, than out of the fiTCs of Ale and Beer is exaftedby the
' States in HolLtnd. A ftrange thing ! that People for a publick
'Work, for any thing that is Good, fliould be loth to part with
* any thing ; and yet with open eyes to fee themfelves deceived
' by fiich bafe and lewd people.
' Next unto this, let care be taken in the choice of Ale-houfe-
* keepers, that it be not appointed to be the Livelihood of a gfeat
' Family ; one or two is enough to draw Drink, and ferve the Peo-
' pie in an Ale-houfe ; but if 6, 8, 10, or 12 muft be maintained by
' Ale-houfe-keeping, it cannot choofe but be an exceeding difbrder,
* and the Family by this means is unfit for any other good works,
^ Q^q ^ot
II
Cnroli.
:y(
Hifiorical ColleElions.
An. 16^5. ' or employments. I have not skill enough to iinderftand all the
' inconveniences that come from this one lU-founiain , and my Me-
' mory will not contain what I have fb many times obferved of
' them my lelf ; but your LordOiips have a knowledge and experi-
' ence of tiiem, therefore I will leave them unto you. Only this,
' becaufe in many places thele fwarm by the default of the [ufti-
' ces of Peace, that let up too many ; and there are none ( except
' your felves at the AlTizes ) all the year long can meet Vv'ith this
' evil, but the Juftices of the Peace : and if the Julfices of Peace
' M ill not obey their charge herein, certifie their default, and Names,
' and lalTure you, they Ihall be dilcharged. I once did difcharge
' two juftices for fetting up one Ale-houfe, and fhall be glad to
*" do the like, upon the like occafion.
' 4. In the next place I will commend unto you the punifhment
' of Vagabonds and Wanderers, to rid the Ale-houles of luch un-
' ruly Ouefls ; it would make fome M'ay of amendment to thofe
' Ale-houfes : and it cannot be denied but the Law hath appoint-
' ed hands enow to do this Mork; the Conflable, Headborcugh,
' Tithingmen, and the reft of the inferiour Officers, and Watch-
Snen, who may do all\\itha particular Warrant from the Jufti-
* ces of the Peace : and the Juftices of the Peace are bound to call
' them to an account, and punifli them for their negleft. If this
' were done, and other Officers chofen as they ought to be (not
' people of little wealth, and as little underftanding) but that they
' were elefted out of the better fort of Yeomanry, and the Wathces
' kept by able-men ; I am affured thefe loofe people that wan-
' der up and down would quickly be gone : therefore you may do
' well to let it be known in the Country, that the Lords of Leets,
' and thofe that have the Eleftion of Conftable and Officers, they
' are by the Law anfwerable for their Choice. There have been
' Precedents, that where an infufficient Coroner hath been chofen
' by a County, the whole County hath been Anf\\'erable to the
' King for the Coroner's fault ; and if the Lords of Leets, and their
' Homagers, and thofe that make choice of the Conftable and Of-
' ficers, were fbmetimes awakened by fbme feizing of their Leets,
' or Fines, or Q^ JVarranto, I make no doubt but the Countries
' would be better ferved many years after, for Ibme fuch fervice
' done. Therefore I could wifh, that this were made known to
* the Country, that the Lords, and thofe that choofe them were
' Anf\verable for their default.
' 5. Now for the bringing of loofe people in order, the Houfe of
' Correftion had need to be looked unto, and be put in readinefs,
' that thofe that are Idle may not want work ; Ducere Volentes^
' Trahtre Nolentts. And for the Houfes of Correftion ( as it is in
' fbme Countries ) it were convenient they were placed near the
' Gaol, that not only Idle perlbns, but that the Prifbners of the
' Gaol might be made to eat the labour of their own hands. This,
' as it hath been formerly, fb it is now commended by His Maje-
' fty to fee it etfefted as Toon as may be.
' 6. The binding of Apprentices is a thing fit to be preiTed
* throughout all the Circuits. Oppofition hath been made againft
' it by Tome, though without any ground, or Law. Sometimes
* the Parents are not willing to leave their Children, though they
' have
tiijlorkal ColleUiom.
'■97
have not meat to feed them at Home ; fbmetimes the Parifliio-
ners not \\ilUng to give them Cloaths, and fbmetimes the Malk-rs
refiife them, and thofc that bind them are negligent : but all
thefe mull: be over-ruled, and made to finart for their oppofition.
hia\^ord, you are to call upon all to whom it belongeth, but
efpecially the Juftices of Peace to fee His Majelties I^rinted Or-
ders be put in execution. Yau are to fatisfie your felves what
Juftices of the Peace are diligent in it, and who negledl it, and fb
to certitie to the Lords of the Council.
' 7. I have but one thing more to give you in charge, ahd it is
a thing of great weight and importance. It concerneth the Ho-
nour of His Majelly and the Kingdom, and the fafety of both!
Chriftendom is full of Wars, and there is nothing but rumors of
Vv^ars. What hath been done of late years abroad by Fire and
Sword, it were a pity and grief to thirik of; yet w6 have had the
goodnefs of God , and His Majeif ies Providence all this while,
and have enjoyed a mofl: happy Peace and Plenty. As it is a good
Precept in Divinity, fb it holdeth in Polity too Jam Proxi-
miM Jrdet ; which if we obferved to defend our felves, it would
be a warning to all Nations, and m'C fliould be the more afliired
to enjoy our Peace, if the Wars abroad do make us fbarid upon
our Guard at home. Therefore no Qiieftion, it hath ever been ac-
counted the greateft wifdom for a Nation to Arm, that they may
not be inforced to fight ; which is better then not to Arm, and
be fure to Fight. The one is Providence, the other is Ne-
cedity. Therefore His Majefty in thefe doubtful times, hath not
only Commanded, that all the Land-Forces of the Kingdom fliould
be fet in Order and Readinefs, but to fet to Sea a Royal Fleet, at
His Majefties great charge, but with the AfTiflance of the Ma-
ritain-places of this Kingdom. The caufes, occafions and times
of War, with the preparation and ordering of them, is proper
to the King ; and dutiful obedience in fuch things doth beft be-
come the SubjeO: : and yet His Majefty hath vouchfafed, even by
his Writs, to declare enough to fiitisfie all well-minded men, and
to exprefs the clearnefs of His Princely Heart in aiming at the
general good of His Kingdom. The Dominion of the Sed, aS it is
an ancient and undoubted right of the Crown of England , fb it
is the beft fecurity of the Land ; for it is Impregnable, fb long as
the Sea is well-guarded : therefore, out of all queftion, it is a
thing of abfolute neceffity, that the guard of the Sea be exaftly
looked unto ; and thofe Subjefts, whofe minds are moft fixed
upon the Honour of the King and Country, will with no pati-
ence endure to think of it ; that this Dominion of the Sea, which
is fb great an Honour, flionld be either loft or diminifhed : be-
fides, for fiifeties lake, the Dominion of the Sea is to be kept, and
the Sea guarded.
' The XVoodrn-Walls ape the befl Walls of this Ivingdom : and if
the Riches and Wealth of the Kingdom be refj^efted, for that
ca.ule the Dominion of the Sea ought to be refi^efted; for elfb
what would become of our Wool, Lead and the like, the prices
whereof would fall to nothing if others fhould be Maflers of
the Sea. There is a cafe in the Book of Afllze, 4^. which put-
teth me in mind of certaiii men, that went down into the Coun-
Qj:] 2 ' try,
1 1 Caroli-
298
HiflorJcal Colleclioin.
Aft. 1635.
July 21.-
A reftraint of
the King's
Subjedts de-
pjrting out oj
the Ridm
■withaut Li-
cenfe.
'try, and carried a report, that no Wooll flioiild pais over the Sea
* that year ; upon this they all fell to lb low Prices, that tlie men
* that carried the Report were Queftioncd and Fin'd. Now if" a
*■ Report alone, and that a falie one too, wrought fiich an effect
' upon the Woollsof England^ think what would be MTOUght by a
' real lols of the Dominion of the Sea in all our Commodities, if
' our Trade fhould be at the Command of other Princes and States.
' Therefore as His Majefly out of His Great Wildom, hath found
' it expedient to fet to Sea that Fleet, that is now upon the Sea ;
' fb His Majefty being engaged, both in His Honour, and the Ho-
' nour of the Kingdom, he findeth it to be of ibfolute necefllty
' to ftrengthen this with a greater ftren^th, and more Shipping
' the next year. Therefore upon advice he hath refblved, that he
* will forthwith fend forth new Writs for the preparation of a grea-
' ter Fleet the next year; and that not only to the Maritime Towns,
' but to all the Kingdom befides : for fince that all the Kingdom is
* interelTed, both in the honour, fafety and profit, it is juft and rea-
' fbnable, that they Ihould all put to their helping hands.
' Now that whcih His Majefly requireth from you,and doth com-
* mand is. That in your Charges at the Aflizes, and in all places
' elfe, where opportunity is offered, you take an occafion to let the
' People know how careful and zealous His Majefly is to preferve
* his own Honour, this Kingdom, and the Dominion of the Sea,
* and to fecure both Sea and Land by a powerful Fleet, that foreign
* Nations may fee, that England is both able and ready to keep it
' felf, and all its Rights. And you are to let them know how jufl
' it is, that His Majefty fliould require this for your defence, and
' with what Alacrity and Cheerfulnefs they ought, and are bound
* in Duty to contribute unto it ; that foreign Nations may obferve
' the Power and Readinefs of this Kingdom, which will make them
' flow to contend with us, either by Sea or Land ; and that will be
* the beft way to confirm unto us a firm and fure Peace. This is
' the fubflance of all that which I received in Commandment from
' His Majefty, There are many things elfe that concern the pub-
* lick ; but your Judgements are well knowai in them. Thefe are
' the particulars I had Command to mention unto you ; fb I will
* trouble you no farther, but leave them to your Grave Confidera-
* tions.
FOr as much as it is one of the Principal Duties of all the Kings
Subjects to attend at all times, the Service and Defence of
their King and Native Country, when they fliall be thereunto re-
quired ; and forefeeing what danger might enfiie to this State, if
People might at their pleafure pafs or depart out of this Realm in-
to foreign Parts : for prevention whereof, the King doth Command
and forbid all his Subjefts, that they, nor any of them, other than
Soldiers, Mariners, Merchants and their Faftors, and Apprentices,'
fhall at any time, without the thing's L/cenfe, or of fix of the Pri-
vy-Council, depart out of this Kingdom, or any the King's Domi-
nions into the Kingdom, or Country of any Foreign Prince, State
or Potentate.
Whereas
Hijhrical Collecimiy.
¥ T 7Hereas at a Parliament held at WLfminfln the 9^// of T'ilr^i-
V ^' ary, in the 21// year of King J.tmcs, it was Ena8:ed, That
no Perfbn, or Perfbns, fhoiild from thenceforth prophancly Swear
or Curie, under the penalties tliercin contained; We taking into
Our Princely Confideratioi! tlie great increale of thole fins, which
arc more audacioully praftiled and frequently committed by loofe
and wicked perfbns ; hath therefore for the better fLippreiTmg tiiole
odious fins, by Letters-Patents, dated the 21/? of J/i/y lalt paft,
creeled an OPncc for the receiving of the Forfeitures incurred by
fiich Prophane Swearers and Curlers : and hath thereby appointed
Robvrt LffJt'v Elt]uirc, one of the Gentlemen of the Kings Privy-
Chamber ; by himlelf and liis Afligns, that he fliall in every Pa-
rifli withui this Kingdom attend that Service and OiRce, for a cer-
tain number of years therein contained ; andlhall and may receive
the Penalties appointed by the laid Statute, from all Perfon and
Perlbns offending againfl: the Tenure of the laid Aft ; and tliat tlie
monies arifing thereby fliall be paid to the Bifhops of the Dioceffes,
to be diftributed among the Poor of the feveral Parilhes. And all
perlbns employed herein fhall be exempted and freed from bearing
any other Office, or Charge in the Parilhes where he and the reft
Ihall dwell.
TO this time there having been no certain or conftant Inter-
courle between the Kingdoms of England and Scotland^ His
Majefty hath been plealed to Command his Servant Thomas W/the-
rings Elquire, His Majefties Pofl-mafter of England for foreign
Parts, to fettle one Running- Pojl, or two, to run night and day be-
tween EdenboroHgh in Scotland and the City of London^ to go thi-
ther and come back again in fix days ; and to take with them all
Rich Letters as fliall be dire£led to any Poll-Town in the laid Road,
and the Pofts to be placed in feveral places out of the Road, to run,
and bring and carry out of the laid Roads the Letters as there fliall
be occafion, and to pay two-pence for every finale Letter under
fourlcore Miles ; and if one hundred and forty Miles, four-pence ;
and if above, then fix-pence. The like rule the King is pleaied to
Order to be oblerved to Wefi-Chcfltr, Holyhead, and from thence to
Ireland: and alio to oblerve the like Rule from London to Plimouth^
Exeter^ and other places in that Road ; the like for Oxford, Briflol,
Colcheft-er, Nonvich^ and other places. And the King doth Com-
mand, that no other Melfenger, Foot-Poft, or Foot-Pofts fliall take
up, carry, receive or deliver any Letter, or Letters whatlbever,
other than the Melfengers appointed by the laid Thom.rs Witherings ;
except Common known Carriers, or a particular Melfenger to be
lent on purpole with a Letter to a Friend*
Whereas
II C4folJ-
Jii'y 26.
For tlielup-
prcflTuig of .
IVoplunc £•»)•-
Swearing,
Jj!y_ ult,
T!ie King fet-
tles the Littn-
Offici of £k^-
landt and
Scotland.
^«. 1635
/lugii(l 24.
I The King de-
clares his Roy-
I al Grace and
I'leafure to
confirm to liis
Subjefts their
Diflftive
f(tittes, in
their Lands
and Pofleffi-
ons, by His
Coiiimiffion
lately renew-
ed and enlar-
ged to that
purpofe.
The Cafe of
the Church-
wardens of
Beci^ington in
Somerfetflim,
Hiflorical CollcLtions.
I
Se^tmb. 6.
The King de-
clares for pre-
venting the
Abufes of In-
formers ,
Clerks and
others in their
Profecutions
upon the
Laws and Sta-
tutes of this
Realm.
WHereas for the good of the Subjecls the King hath been
gracioufly plealed to renew and enlarge his former Com-
miilion of Grace , and hath thereby Authorized the Lords, and
others of His Privy-Council, and ibme of the Judges and Learned
Council to Sell, Grant and Confirm to the People their Defeftive
Eftates, PofTefTions and Titles, being void by infufficient Grants,
or By-Patents of Concealments ; and notwithftanding the Subjefts
flacknels in taking hold of that favour , yet the King, out of a de-
fire to fettle His Subjefts in their Eftates and Pofre(rions, is once
more pleafed, to make known thefe His Royal hitentions of favour
to Rich as fhall timely embrace the fame, upon moderate Compo-
fitions, and that they repair to the Kings Commiflloners in Fin^t-
fireet before Hillary Term next ; and fuch as do negleft, the courfe
of Law fliall be taken againft them, to reduce thole Lands to the
Crow^n again.
He Church-Wardens of Beckinpon in Somerfttfhire were Ex-
cowmmnicated, by the Bifhop of Bath and Wells^ for refufing
to remove and Rail in the Communion -Table, and pull down the
Seats that flood above at the Ea(t end of the Chancel. They ap-
peakd to the Arches^ and after much fbUiciting, procured from Sir
John Lamb, Dean of the Jrches, a Letter to the Billiop to abfilve
them for a certain time ; which he did for a few Weeks, and after-
wards excommunicated them agaifi. The Church-Wardens appeal-
ed to the Arches the fecond time, with a Petition to the Arcn-Bi-
fhop, and a certificate from the Parifli, that their Communion-Ta-
ble had flood time out of mind in the midlf of the Chancel, being
the mofl: convenient place ; and that near Ihrcefcore years ago the
Pavement of the Chancel, whereon the Table flood, was new-
made and raifed a foot above the reft of the Chancel-ground, and
incloled with a Decent Wainfcot-Border, and none went in there-
at but the Minifter, and fiicli as he required. Their Appeal was
rejefted, and they threatned with the High-Commiffion, and com-
manded to obey their Dlocefan. Afi:er this they petition the King,
but with no fuccefs ; for it was fuggefted, that if thole men had
their Wills, many of the Pariflies which had already conformed
would fall back, and others would never come in. The Church-
Wardens flood excommunicated a whole year, and afterward were
taken, and cafl into the Common-Goal, where they lay a long time.
Whence at length they were relealed by the Bifliop, upon their
publick Submiflion and Penance, performed in the Parilli-Church
of Beckinoton and two other Churches.
o
jHereas for the more due execution of the Laws and Statutes
of this Realm, and for the better reformation of the abu-
fes of Common-Informers^ in their unjuft Prolecutions and Vexati-
ons of our Subjefts ; the King by His Letters-Patents under the
Great Seal, dated the 20//:/ of February, 5 Car. i. did confirm the
Office of Receiver and Collctor of Fines 2sA Forfeitures due upon fe~
nal Laws, formerly erefled by King James, in the iS/^/' year of His
Reign; and thereunto the King united and annexed the Surveying,
Regiftring, Colleftion and Receipt of Fines and Forfeitures , for
tranfgreffino;
11 ijkricdl Coli eel ions.
501
rranfgrc'Ting the Common-Law of tliis Realm, and of all Recog-
nizances th-reupon grounded , which Ihould be forfeited in any
Courts of jufhce and Judicature, and of all (urns of Mony due or
growing, by rcaibn of any hifomation, Bill, Plaint, Suit, Aftion,
i-relencment, Compoiition,Verdi£f, Judgement, Execution, or other
Proceeding Commenced by the !> ing's Attorney-General, or by any
common informer againft any Offender for TranfgrefTjng the Laws,
lince t:.e :;i/? of Qiecn t'J.z,:ihtt!j ; except the Colled ing of Pines
and Forfeitures due, cr to be due by any Sentenqe of our Court of
atiir-'^h.xnikr^ or of the Court holden by the Lord Prefident and
Council in the .N Marches of \VJ>:s, and in the North part of this
Kingdom, or m any Court Lcet, &c. whereof the Colleftionwas
by any Letters Patents granted to any other Perlbn belore the 1 5//;
oF Octob: r, in the i S 'y of' King Jamcs.
And whereas the King hath by Letters Patents, Granted the fiid
Office to ''{dmes Ch.imhers Do6lor of Phyfick, and Edv,:rd Brovfi,
Lfquire, for term of their Lives, to be executed by themfeivesor
their Deputies ; but notwathftanding the leveral provifions made
in the faid letters Patents, for preventing Fraud and /bafes, com.-
mitted by the fubtile pracliies of Common Informers, Combining
with under-CIerks, they have profecured the Kings Subjefts, for
their private Cain : for preventing of w hich Abufes for time to
come, the King doth Charge and Command, that the Direftions
following be obicrved, upon pain of the Kings high difpleafure.
Which being very long, fee at large in the Appendix,
"T^Hat in the Reign of King jamesy and fince the King's accefs
I to the Crown, feveral l-'roclamations have been publiflied
for the reffraint of excellive Carriages, to the deftruftion of the
High-ways ; and yet by daih' experience thole great Abufes are
Rill continued and increafed to the publick NuilTance, and likelv to
hinder the general Commerce of People, and become unrepairable,
without exceffive charge and burden to the Country : The King
therefore bv the Advice of the Lords, and others of the Privy-
Council doth Command, tliat no common Carriers or other l^er-
f;ins, do upon the Common High- way, go, or Travel with any
Wagon, Cart, &c. whereon is, or fliall be laid at once above tv/o
thonfand weight, nor to ufe above five Horfes, or above four Oxen
and two Horfes, or above fix Oxen without Horfes at any one
time ; and becaufe fuch extraordinary Carriages, have heretofore,
by the opinion of the Judges, been held to be general NuifTances,
the King doth Command all Judges and Juffices diligently to in-
ouire after thefe Offences.
1 N the month of No'verr^h^r^ Mr. Samuel IVarJ, a Miniifer in Ipf-
^ r-yrh. Preached againft the common Bowing at the Name of jff-
/^'^, nnd cgainftthe King's Book of Sports ; and fiirther faid, that
the Chv'rch of ¥n<;Uid was ready to ring Changes in Religion, and
the G ofpel flood on tip-toe, as ready to be gone. For this he M'as
cenTuedin the High-CommiH^on, and there fiifpended injovned
pr'^lick Recantation, which he refufing was committed to Prifbn,
■whci e he lay a long time.
The
1 1 Caroli.
Nnvf/rb r i.
ARcnr.incof
Carriages to
the dcftrufti-
011 of the
High-Uiys.
502
HjjiorKal ColkBions.
An. 1635.
Novcmb-.r 10.
1635.
Stjr-Chamba:
Sir .-/'If!'. Peli
1'I.iintiff.
Sir Jamis
Tiig" & Alios
Defend ants.
The Charge of the Bill is for a grofs deceit and cofenage by
Sir "James Ba^g of the Plaintiff, and in that of the abuie of
the Name of the Lord Treafurer JVeJlon.
He Cafe was thus; Sir Anthom Pell being Surveyor and
Keeper of his late Majeffies Hawks Ang.2.Car.t\\e King
gave direftion for the payment of 7000 /. unto him, as due from
His Majefty.
Quarto Car. this was unpaid , and to prove this the Plaintiff lent
the King 3000 /. more, and had an Order of the Council-Table for
the payment of 4000 /. part of his great debt upon the farm of the
Cuftoms, which Mas paid accordingly ; and the 6000 /. refidue
to be paid by levying of Tallies of the firft monys that fhould
come into the Exchequer, upon the impofition of Coalesy benefit
of Soap., Recnfancyy or otherwife ; failing of all thefe , notwith-
ftanding his attendance on Sir Richard Weflon. Lord Treafijrer,
12. Ocioher ^.Car.^ he did Petition the King, acquainting him with
the Eiid Order, and that he had received no Payment or Affign-
ment of the 6000 /. His Majefty anfwered, That he found great rea-
fon in the Plaintiffs requeft, and commiferated his hard Eftate, and
referred the confideration thereof to the Lord Treafurer, to take
the beft and moft fpeedy courfe which might ftand with His Ma-
jefties other affairs for the Plaintiffs fatisfadtion, with which he ac-
quaints the Lord Treafurer ; That the other Defendant Sir James
Bagg often refbrting to the Lord Treaflirers Houfe, and there meet-
ing^'with the Plaintiff, fubtilly infinuated himfelf into the Plain-
tiffs acquaintance, and told him that he had a great and inward re-
lation with the faid Lord Treafurer, and was a great negotiator
of bufinefs which paffed the Lord Treafurers hand, and offered him-
felf an Agent on the Plaintiffs behalf to the Lord Treafurer for pro-
I curing Affignments for the 6000 I. and did fcandaloufly pretend to
the Plaintiff that there was no hope for liim to obtain fatisfaftion for
his 6000 /. and damage for forbearance thereof, but by giving fome
reward to the Lord Treafurer ; and did affirm to the Plaintiff that
he had former experience thereof, and had laid many a thouland
pound upon the laid Lord Treafurers Table , and under his Beds
head for bufinefs of like nature ; and told Sir Anthom'., that if he
would promife him the faid Sir James 500 /. on the fiidden to fup-
ply the Lord Treafiirers prefent occafions, he would forthwith pro-
cure from the Lord Treafurer good Aflignment to be made for the
6000 /. and damage for forbearance, and all other moiiys due from
His Majefty to the Plaintiff for arrear of Wages, which amounted to
above 1 2000 /. Whereupon in December 8. Car. he procured a Friend
to lend 500 /. for the faid Lord Treafurers ufe, as Sir James pre-
tended, and took a bond of Sir James and one Harris to pay the
fame at fix months ; notwithftanding this promife the Plaintiff at-
tended above a year, and nothing could be done. Then Sir Ja^nes
Bai7g by confederacy with the other three Defendants, did in No-
'uemher ()Car. affirm to the Plaintiff, thatif he would give 2000/.
more to the Lord Treafurer for a gratuity (whereby to draw 2000 /.
from the Plaintiff, and then to lliare it among themfelves) he
Mould procure the Lord Treafurer to make Aflignments before
St.Thomas day next folloM'ing for all the Plaintiffs Debts,Arrearages
of
Hijhrical ColleBiom.
303
of Wages and Damages ; whereupon 4 Dccemh. 500 /. was borrow-
ed at Incercll of Sir tVilliam Acton^ and 500,/. of others, and Sir
Jawts Baog^ and Sir Richxrd Tichburn were bound for the payment
of this 1000 /. 2 I Decemb.
Tlie 21/? of Dectmbir came ; then Sir "James affirmed to the Plain-
tit^, that the bufinefs was difpatched and aflignments made : but
yet the Lord Treafurer would have the other 1000 /. in hand be-
fore the Plaintiffs fhould have the Al%nments, andw//^. Jj^/.'.try he
fliould not fail of them. The Plaintiff upon the engagement of his
whole eftate procured 1000 /. more, and alio upon S\x James Ea<r2
and Mr. Gibbou^s Bond to repay the fame 50 Jamary ; which Bond
to Sir J:m:^'s and Gibbons was in trufb to the Plaintiff, that upon
hich Affignments to be made 30 January, both his laft Bond and his
other Bond to Sir Richard Tichburn ihovld be delivered up to be
cancelled : befides this 2000 /. delivered to the hands of Sir James
for the Lord Treafurers ufe, as he falfly pretended, he caufed the
Plaintiff to undertake to pay Owen Brett and Charles Efconrt 760 /.
which Sir _7^j;;f?ej- owed to them, which was to be a reward for his
own pains "for procuring the Plaintiff' his Aflignments, he ftill af-
firming that the 2000 /. was paid to the Lord Treafurer for a gra-
tuity.
The Defendant Sir James Bagg in his Anfwer denied the charge
of the Bill to be true in any part of it, and thereupon the Plaintiff
and Defendant went to Iffue, and examined Witnefs, and the Caufe
was brought to Hearing, which held the Court feveral days ; and
this day was appointed for the Lords to give their Judgement and
Opinion in the Caufe, the debate and confideration whereof, and
tlie many Speeches made by the Lords, held the Court fitting from
nine in the morning till four in the afternoon ; and then the Court
w^as divided equally in Judgement , there being Nine of the Court
for Sir Anthony Pell^ and nine for Sir James Bagg: The divifion
was in manner following.
I .Lord Cott/ngton, pro Ba^(r.
2.Chief-Juftice F/nch^ pro Pell.
^.Chief-Juftice Bramfton.pro Pell.
4 Secretary lV/ndebanck,pro Bagg.
5. Secretary Cook, pro Pell.
6. Sir Hi nry Vane., pro Pell.
y.Billiop of London, pro Bagg.
S.Lord Rrrrt?, pro Pell.
9. Lord of Holland, pro Pell.
10. Lord of Carlite^ pro Bagg.
1 1 .Lord of Dorcettj 'pro Bagg.
1 2 .Lord Marfhall, pro Bagg^
I 3. Lord of Lindfey, pro Pell.
1 4.Duke of Lenox^ pro Bagg.
I 5. Lord Privy-Seal, pro Bagg.
1 6.Arch-Biniop o(Tori', pro Bao^g.
I J .Kx'dx-^.o^ Canterbury^ pro Pell.
iS. Lord Kjepery pro Pell.
It was at this time difcourfed by the Auditors then prefent in
the Court, that the Speeches then made, were rather pro Arni-
ca, than pro Quer^ ant Deff.
T the hearing of this Caufe the Queen was prefent in a Room
that had a Window looked into the Court, flie came in fa-
vour of Sir James Bagg., as was Conceived.
Memorandum y That Mr. Arthur the Regifter , before he had
drawn up the Decretal-Sentence received a Warrant under the
Kings hand to forbear Entring the Cenfure of the Court in this
R r Caufe
I i Carolii
Noii.io. I^?5*
Sir James
Kigg his An-
fwer.
3
OJ_
Hi ft or teal Colle^ltons.
At».i6^e,- \ Caufe, as regularly His Majefty might do by the Rules of this
Court , for Informations in the Stur-Lhambcr arc dircfted to the
Kings Maieftv himfelf ; and accordingly the Decretal Order was
ftopt from being Entred : But how the Matter was compofed after-
wards we know not.
It is to be obferved as another Rule in that Court, that if the
Court be equal in Votces, the Lord Keeper hath the Cafling- voice,
in like manner as the Speaker hath in the Houfeof Commons, who
being in his judgment for Sir A/nhom Pr//, the fame was to have
been Decreed, and entred accordingly for Fell.
It would be too tedious to the Reader to have all the Harangues
and Speeches made this day fet down at large, and the Repe-
titions upon Repetitions, by Ibme Lords, of what others did fjoeak,
would take up time to repeat ; we omit them therefore at large,
only to fatisfie the Readers curiofity we infert thefe two.
Lord Chief J ujlice Finch hh Cenfiire.
"ISir 'lames 'BazZi \
. , ^ „ ^, , 'Sir llu hard Tichhync.l^ _ ,
SivJnthomfc!l?\t'.>r,rn\ r' /.„ ..,j '.'Defendants.
William Lake, and
jGihhoiu,
My Lonhj
^ B He Charge of the Bill is for a grols deceit and cofenage by Sir
I James Ba^o ot the Plainti!f,and in that the abufe of the Name
of an Honourable and Great Lord. Take thefe tv\'0 Charges afun-
der, or feverally, there is not one of them but of great weight
and confequence : and put them both together, and it is of as great
a weight -as any Caufe in this Court, lake them feverally, I will
not fay that every cofenage or deceit is fit for this Court : But if a
fraud or cofenage be accompanied with a publick inconvenience, or
rePeflring upon the JuiHce of the King , it hath ever been held
fit for this Court to take notice of it.
My Lordly
In matter of Bargain and ContraSb between Man and Man, if he
\\\\\ make his fraudulent Conveyance, he hath his remedy at Law
and in Equity, and yet of late many Prefidents your Lordfliips have
made, becaufe it tendeth to the publick damage of the Common-
Wealth ; and in many other Cafes I hold this Bill,as it is laid,to be
of danger and confequence, not only in regard of the Publick, but
of the refleftion upon the King. For the Publick, there is nothing
more dangerous, or of lefs comfort to the Common-Wealth, than
when there fliall be Panders and Brokers about Judges, for the ad-
minifbration of Juftice.
My
Hifloricjl C oil eBi oils.
305
My Lords,
For my part, let him be a Minifter of Juftice, or of the Kings
Revenues, that fliall have any Servant or Familiar, who will take
upon them, in the name of their Mafter, under (hew of carrying
on their Bafmefs, to take a Reward, but for the procuring oif juft
and due Debts : My Lords, I fliall ever hold it to be of that danger
and conlequencc, that I had rather fee both puniflied, than one to
efcape.
My Lords,
And for that part which concerncth my Lord Treafurer, it is
true, I will not fay if that had been the fble Charge of the Bill,
I would have held Sir Anthony Pv/l a fit Party to complain in this,
or to be the Judge of this, or to manage it : But I fhall leave that
to be followed in fuch courfe as the Kings Attorney fhall direft.
And where in this Cafe, or any otner Cafe it fhall be accompa-
nied with any deceit to the I^arty, that will enable any private Man
to be a fit Complainant in this Court ; therefore for the fcandal,
which I hold of a great and eminent nature, if it had been the Tin-
gle Charge of the Bill, I fhould have given my voice to have
thrown it out ; but as the Charge of this Bill is laid, it is a grofs
cofenage of the Plaintiff. This is drawn in by an afperfion upon
the great Lord ; and in this cafe I cannot but hold Sir Anthony Pell
to be a fit perfbn to complain in this Court, and to mingle that
with the fcandal upon my Lord : It was therefore wifely done of
the Defendants to wage their demurrer. My Lords, in this Cafe I
do find the Parties intereffed are the Plaintiff and Four Defendants ;
but it is true, there is another intereffed in this Caule, and that is
the Honour of a great Lord, who as he did bear an Office of great
Truft, fb he had great Trufl repofed in him. And I do not blame
my Lord of Portland, that he is eager in vindicating the Honour of
his Father, which hath defcended unto him, and to difcover that
this Bill was put in as a Cloud to hang over his Father. I fhall,
as my Lord that la ft fpoke, leave him freely to take his courfe, be
it againft whom he will.
In truth, my Lords, I do remember what that great Lord did
here in Court earneftly move your Lordfhips , that this Caufe
miglit receive all the expedition that could be, that this Cloud
might not hang over him, that when it came to a hearing, to re-
pair him by fbme exemplary Sentence. This I know your Lord-
fliips do remember, and will be as ready to do for him, as if him-
felf was living.
For, my Lords, in this Caufelmufl deal clearly, that I hold it
little better than a non licjutt, either to be puniflied by fbme exem-
plary Sentence upon the Plaintiff, or Defendants, or fbme of them,
let it light where it will : For, my Lords Honour all this while ha-
ving been a Defendant in the Hearing of the Caufe, is now juftly,
upon the Hearing, become Plaintiff. The Bill layeth it plainly to
be a fcandalous afperfion caft upon my Lord Treafurer by Sir 'James
BaojT, but no part of the Bill dotii trench upon my Lord Treafurer;
fb that the Honour of that great Lord, in ffead of a Defenda.nt, is
now worthily before your Lordfliips a Plaintiff, and requireth as
R r 2 much
II
Carolii
^o6
Hijlorical CollcBions.
An. i6?.5. 1 much vindication, which muft be by fentencing the Plaintifi or De-
fendants, for a foul and fcandalous Libel.
My Lords y
In this Caule I muft fay fbmething for a general delivery of my
felf to your Lordfhips, before I delcend to the Particular parts of
my Sentence.
Under favour, I hold it a great error, that any fhould think, that
in every Caufe in this Court, a Man muft for every Particular, or
Phrafe that doth countenance to prove the Bill, have two Witnefifes.
If one be charged with oppreflion, you do never condemn without
two Witnefles.
I conceive witnefs in the fame, though but fmguUris Tcfiis fhall
lerve.
For to fay, that Sir James Bagg did utter thelc and thele words,
every Phrafe in this is not to be expeQied to be proved by two Wit-
neffes, by the courfe of the Court. In any Cafe it is an error to
think, that two WitnefTes are of neceflity, for one Witnefs and
Circumftances, ( as others do aver ) amount to a further Witnefs,
to draw on your Lordfhips to your Sentence .• But I do hold in this
Cafe, there will fall upon fbme of the Defendants a full Proof
ypon two WitnefTes.
For the Defendant, Sir Richard Tichhume, near in Blood to the
late Lord Treafiirer, I do hold him a Man of worth, and I am glad
I do find him fb. And for my part, if the courfe of the Court will
allow him remedy here , I fhall willingly condefcend ; but how-
ever, I fliall delire tliat there may be mention made of his clear-
nefs.
For Mr. Gibbins, I find him clear in this Cafe, and fb I leave
him.
For Mr. Lake, I find fome touches of him, but not fuch as fhall
any ways move me to a Sentence. Mr. Lake did direft the making
of the Petition ; I clear him.
My Lords,
For Mr. James Bag(r, I fhould be as glad to acquit him as any of
tiie reft, but I muft deal clearly. I cannot, I will not fay, that Sir
James Bagg is guilty of every Particular in the Bill. I do wonder
to find lb much in a Cafe of this nature ; I do not think it neceffary,
that every Particular in the Bill be proved ; Circumftances may
perhaps be added by Councel, put in to draw out interrogation of
the Party to make the Truth appear : And yet I muft needs fiiy,
that of fome words in the Bill there is no proof made. As that Sir
James Bagg ftiould lay. He had laid mayjy a Ihoufand Bounds under
my Lord Treafiirer s Billow fur Bnfmefs in that kind; for which I fliould
fentence him.
My Lords, In this Cafe that doth concern Bagg^ it is very hard
to divide the oppreflion fevcrally from the fcandal on my Lord
Treafiirer. I cannot make any thing of the Caufe and take it all
af under.
The firft thing I begin M'ithal, is the Particulars of the Money.
2. the 500 /. borroM-ed of Sir Wtllmm Acion Dec. 4. 16^ ]. I find it
is proved the Plaintiff did not intend to borrow it for himfelf, but
■ for
Hifloncal Colle&iony.
507
for Sir JaMes Ba'^2. '■> I find that Sir J.i7ncs fiiid, tlie helping liim to
this Money would be a means to help him to the Alllgnments. Sir
"^dmes BiVJo laid it w'ould do the I'laintili" a curtefie. If Sir J^mcs
had done no more, but drawn a Man to lend him Money for fiich a
difpatch, I would have he'd it a Crime fit for the Sentence. Hem,
pjem, Imn, Imn^ Leave that fafhio/iy (meaning o{ hernin^') I only
fpeak of this to this purpole , to fliew how tliis Money was
borrowed, and that the apphcation of borrowing it, was in rela-
tion to the Affignments. The Money was borrowed 4. Dec to
be paid the -zift ok December ; (b it was but a borrow for feventeen
days. And if it were Sir '^.wies B:tg^s own Money, why did lie
tell him , Pell fliould be liis Pa}'-mafter, When 2 1 . December
came, Bagg did defire continuance of the Money till the latter end
of January^ and in that time he would effe£t his bufinefs.
Next Sum was the 500 /. borrowed of Mr. Heme, of which the
Plaintiff was never poffeffed ; it was delivered to Sir "^ames Bagg^s
Man, and this was payable long after the time of the Aflignments :
Their Sum is 300 /. in Dec. 21. upon a Letter 17. o{ Dec. Sir Jn-
thony Pellf I pray you fend me 500 1. to my Lodging. It feems he
had the Plaintiff in a String. It is objected by Sir James Bagg, the
Plaintiff was fo careful of good Security, that he would not part with
the Money., unlefs Mr. Elcourt would be bound .^ that Mr. Gibbins
fhould Seal. If never fo good Security., if they were in his hands, how
might he have bandied Sir Anthony.
When Sir James was that night at the Kjngs'^Head., and faw the
Money did not come ; faith one Witnefs, ^n James., laid he ( mean-
ing the Lord Treafurer ) could not (leef ; he faid alio at that time,
If it were not delivered, the Plaintiffs Bufinefs would he dafljed., and
fall more backward than ever it was, thz Plaintiff would he uy done it
ft aid fo long.
Your Lordfhips finding this Depofition not to agree, appointed ^
Marfo to be heard, as it was in the Cafe between Vaughan and
Vaughan, and fent for the Witnefs hither, who did explain the De-
pofition, and your Lordlhips gave credit to that Explanation ; fb
for MarfJj, for my part I muft deal clearly, I fliall take his Expla-
nation according to the Rules of this Court, to be clear and exprefs,
that he laid, My Lord Treafurer could not (leef that night '. yet not
to forget Mr. Examiner by the way, I find that he hath committed
as great an abule, as could be put on the Court. I find many De-
pofitions very obfcurelyfet down ; for Sir William Actons Depofition,
and his variation afterw^ards, adds little credit to his Perfbn. I find
cunning enough in the Examiner, to excufe the entertaining of Sir
James Bagg at a Tavern. I do not forget his threatning of Mar/h
about his Explanation, That my Lord Treafurer could not fleep. I
cannot in my Confcience be fatisfied of his carriage in this Caufe,
I fliall never hold him a perfbn fit to bring things to a clear Judg-
ment before your Lordfhips.
When this 100 /. came at laft, and he had put it up : Come let tts
make /ai/? /yj Wallingford-houfe, for Im^ift pay it a'vav prcfntly, ani
if it had not come, the Plaintiffs bifnefs had been lo[t. So I fee ftill,
if he might not have the Money when he would, and how he plea-
fed, your Bufinefs would be undone.
For
II
Carol'-
30
8
Hijioriccd CollSions.
Forthe 500 /. of H^me^, what was between jB^j^^ir and /f^;mj,
I know not ; it may be pofTible, that Ptil might help Baa^^ to this
for Harries' s good and his own ; but this was lent at the' Plaintiffs
inftance, and faid he would not have lent it, but to be a means to
help the Plaintiff' to his Aflignments.
This was but a Mask that Sir James put upon the bufinefs, to
draw him up and down with a hook in his Nofe which way he
would.
For the 700 /. owing to On-en Brett, it was very true that PeU
was not ingaged for this; for I remember the reafbn why he put
him off, for perhaps he might come fhort of it^
Thus for the Particulars I have run through. There are two
other things untouched ; I am very tender to enter into theft things
that concern the Revenue of the Kingdom ; but coming necefla-
rily before your Lordfhips in Judgment, I cannot but take no-
tice of the 7000 /. that it fhould be cut off by the agree-
ment of Sir Anthony Pell, I find that is fb by His Majeffies
Letter omni exceptione ; and that my Lord Treafurer did teftifie that
it was fb : Therefore, my Lords, to enter into the consideration of
ditcufTion of that, I will not; but this, my Lords, I will fay, that
in the Books I find no proof it was Sir Anthony Pells agreement : If
I did, I hope it not material.
It is apparent by Sir Robert Pyes Certificate, that i jooo /. was
due to him ; and I prefume that Man is of fb great worth, that I
think he looked narrowly unto it, before he would make any Certi-
ficate ; but to fay the Debt was full fb much, I dare not, but leave
it to thofeto whom it doth belong under the King to do it.
It is true, I find it teftified likewife, that 5000 /. was to be ad-
vanced for the Kings Service : Whether Sir J/i?nes Bagg informed
my Lord thus, or he fpoke with Pe//, I know not ; but for Bagfs
advancing of 2000 /. truly my Lord I mufl deal clearly, whether
he did or not it is not material ; but I find if he did, it could not be
in refpefl: of Pells breaking with my Lord Treafurer, and failing to
perform for this Bill under my Lord Treafurers Hand of the Receipt
of Bago^s 2000 /. was 9. July. And Mr. Lake writ a Letter to Mr.
Bond I 5. Jnlyy to keep Sir Anthony Pell to 3000 /. and then the
Aflignments were not Cancelled. But would Sir Jam?s Ba^g fuffer
poor Sir Anthony Pell to be undone for the want of a Thoufand
Pounds? for Bagg Iiad 2000 /. in his Hands of his, and for 1000 /.
more he might have been able to have advanced 5000 /. to get the
Ailignments. Suppofe Pell wzs but his Broker, to take up Money for
liTm, would Bagg fuffer the Plaintiffs Bufinefs to perifli, or his Af-
fignments to go back in fuch a flrait ? I muff needs in my own Con-
fcience fay, it was one of the hardeft paffages in the Caufe, and I
do wonder that Sir James Bagg, who hath been fb careful to prove
everv thing that he is wanting as to the Privy-Seal ; my Lords, it is
obieQ:ed that there is no proof of a Reward, I fhould hold Bagg a
Fool if Sir Anthony Pell fliould prove a Contraft. And for the de-
lay, I fhall not trouble your Lordfhips , you have feen his many
Letters ; but I wonder Sir jA}fies Bagg would be fb zealous to ne-
glect the Kings Service of fpecial Truft, and attend here feven
Months to effeft and difpatch this bufinefs for the Plaintiff', and all
j this_
HtilonCiil Collet ions.
909
: this for nothing. And when he had been Icvcn Montlis , and
j brought tlie buiinefs to an effeft tor thq changing the 2000 /. he
' had but in the name ( meaning to fay it was Fells 2000 /. and not
his) to make this poor Gentleman loie all. I cannot in my Con-
fcicnce let this pals, the very Aft of the managing of the bufineis
doth much refleft upon the Juft ice of the King, who gave a mofl:
Gracious Anfwer to Sir Amhorns Petition, in faying hk ammuf.r.t-
tcd /m C,?/', and gave fJDCcial direftion for the (peedy payment of
his Monies. And yet by Ba^gs deceit and cofcnage, I pray God no
Man have occafion to lay that it is an Epidemick Dileale : It hath
been faid, ( meaning my Lord Cott/;7^ui/7 ) fuppofe he had the Mo-
ney, is it a crime if a Man undertake to effeft a Ijufinels for ano-
ther, will not the Court of Juftice allow him for his pains ? Per
my part, I will be none of thole Judges to give my opinion fb;
and I think if he come into i,h.wct;ry , he will have but fhiall
comfort.
Now my Lords I will come to the Point of Scandal.
The firft Proof for this, that this was with a Judgment, ( faith
Baxter ) He mafl (rive a Revxrd to ',ny Lord "Lreafurer, for he had ex-
perience of it. This Cometh not very fhort of the Scandal, of lay-
ing iriany a 1 houfand under my Lords Pilh.v. The ILlbftance of the
Proof Cometh clofe to it ; and thougli Baxter be SinouUris Trftis^
yet I fliall joyn him with others. I lliall in the next place obferv^e
all the cunning exprertions of the Defendants: He could not fdep
that nijbt, he mnf to Wallingford-houfe, the Eufinefs will be undone^
and go more Packard than ever, fie that hath Wit, and knoweth
how m carry himfelf, to put fuch odious re'eftions upon my Lord
Treafurer, delerves to be feverely puniflied. I am fatistied in my
Conlcience he did this cunningly, to make the Plaintiff believe my
Lord Treafurer was to hav^e it : Then(my Lords)laying all thefe to-
gether, and that of On-en Brett, it is apparent from him and the
other WitnelTes. I find none of them difcredited, though it is a
dangerous Cafe ; and I do not know how any Caufe of the King
may peri Hi if fuch a gap be opened, as never to take exception to a
Witnefs, but juft at the hearing to blow upon them, (meaning by
Sir '[Raines's Councel ) and to fay they were Serving-'men or ¥oot-men ;
who but Servants can beft tell of any Paflages between their Mafl:er
and others ? I do take them to be upright and good WitnelTes ; he
that fweareth Sir 'Jatnes took that Execration up9n him ( mean-
ing God damn me ) thai he n^.rs never a Peny better for hi-s Money ^
my Lord Treafurer had it all. Add this to Mar[J}^ that 'my Lord Trex-
firer could fzot deep till he had the Money. And tliat of Owen Brett ^
it will add a little Grain to the Ballance, whom I do find no ways
difjiaraged. I do find it confirmed by Turner., that Baiig and Lake
told Jones ^ (as Jones faid) that My Lord Treafurer had the Mo-
ney, and fo Jones fpared not to tell them his mind ; and this f[)oken
from a Man that was in a Confumption, to another, I do crave par-
don if I do not altogether decline this.
I do hold Sir Jnthony Pell in this Caufe fb far from having an Lri-
pofition of Fine pro falfo cl.tmore or non liquet, as that I conceive he
hath jufb caufe for this Bill, and to hold Sir James Bagg guilty in
tliis
1 1 Car oil.
^lo
Hiflorical ColleBions.
An. 1655.
this Caufc foully. I do adjudge him to pay 5000 /. to the King,
and hnpi ilonment during the Kings Pleafure, and that in the Toixr;
and for the Offices which he doth hold, Two of great Truft and
Weight about the King, truly, my Lords, I know the King doth
underftand the worth and value of his Servants, as well as ever
any King in Chriftendome did ; I will not take upon me the bold-
nefs to difplace a Servant of the Kings , or take him from his
Service , but in all humility fliall orfer my advice to His Ma-
jefty , that I do not hold Sir James a fit Man to be trufted in
a Place of that Importance , or to meddle with any Aftions of
the King , in which how he hath carried himfelf T know not ; I
fliall leave your Lordfliips to conlider of the condition of the
TrealLiry.
T can do no left than adjudge Bao;^ to repay the 2000 /. which is
not yet paid, and for which the Plaintili' is ingaged. I do find
500 / paid to Jc7v», and fince the Bill came in or about that time ;
and I do adjudge him to pay to the Plaintiff for Damages Fifteen
Hundred Pounds.
Some Notes of my Lord of Canterburies (jnfure.
My Lords,
^ I ^His is a Caufe of great danger, I fiiall be as fliort as I can,
I ( before I fpeak of the Defendant ) I Ihall Ipeak of the great
Minifter of State. If the Court think fit to leave it to my Lord of
Portland to vindicate his Fathers Honour, I fhall do fo too. I do re-
member what both my Lord Chief- Juftices have laid, whether this
Charge can be fevered from the Scandal or not ? ^vhether a ne-
ceffity to name the Lord Treafiirer or not ? I do conceive it to be
unavoidable. If a necelllty in ufing his name, then what fault in
Sir Anthony Pell ? If no neceflity, I muft condemn B.t(rg for being
in a far greater fault, that by his open mouth fb much vilified the
Honour of the Nam.e of my Lord Treafiirer. I defcend to the de-
livery of my Judgment clearly, and am of opinion that my Lord
Treaflirers Honour ftandeth right in this Court, there being no-
thing by \A'ay of Proof or afJDcrfion that can faffen upon him. If
any thing, it muft arife from the Plaintiff, or from the Defendants.
And I fhall be as ready as any Man to proteft the Honour of that
great Lord, be it againft Pell or Ba'7g, or whom-elfe fbever. But
( My Lords ) if it be a fault in Sir Anthony Pell for the fprending of
this, the fault muft light upon Sir James Bagg, for he gave the oc-
cafion of all thefe Reports.
My Lords.,
Having, as far as lyeth in me, done the Duty I owe to the Dead,
whom I hold to be clear in all, I fliall fill upon the Particulars.
Firff, for the Examiner, I never knew 'io many grofs abufes in any
Caufe by an Examiner, as in this. If this Courle be held, any
Caufe of the Kings may be overthrown. Since I had the honour to
fit in this Court, never fiich grofs abufes wxre committed by an Ex-
aminer. That Order may be taken with this bate Examiner, I
hold
H/floricjl ColIecfioHf.
911
hold iiini to be the moft unworthy fellow, and a Cut-throat of | it Carol/,
any Mans Caufe.
For Sir Richard Ttchhurne^ I hold him innocent from any alj^erfi-
on ; but I can give no reparation. What if Five or Six Defen-
dants, and only Proof be brought againftthem. One or Two, Ihall
this fall foul upoh the Plaintiff for want of Proof?
For the Plaintiffs Debt, I fliall not fiiy any thing, nor think it a
Crime, that /V/ was delayed in the payment of his Money ; for
the King hath a great many very great publick and important occa-
fions, that he cannot pay all upon demand: And withal! confider-
ing that the original Debt wSs but 7000 /. and it fiiddenly grew to
above 1 5000 /. therefore the Lord Treafiirer had need to look about
him. God forbid, that upon main occafions, v/hen the King pro-
mifeth a Suit ( perhaps dire6lly ) of fb much Money, and is not
prefently paid, that the King muff pay Intereft for this ; this is no
fair ufage of the King. , , ^
Tlie thing that troubleth me is this, of the Attendants on the
Lord Treafurer. If the Lord Treafiirer have a near Kinfman, or
Secretary, or any other imployed for him, if thofe Men fhall be
corrupt, or do thofe Afts which fhall make the World believe it is
fb, it fhall be as much as if they were really guilty. , For by this
means the People will run on with an opinion of Bribery and Cor-
ruption ; They cannot have it out of this great Mans Hand, but
they mufl go that way of Bribery to the Secretary for it. , Itfliall
not only bring great Men into defjoite, who perhaps never heard of
it ; but Men when they cannot have their Money without going
this way, care not what they doi.
Becaufe he nameth the great Officer in the Bill, is it a fcandal ?
mufl this be a Terror to any Man for doing the Kings Service ? Oh,
but there is medling with the Kings Revenue ! What hath Sir An-
thony Pell to do with it ? If there be but a poffibility of fraud, fliall
the King have no Court of Juftice to do him right ? If it come to
this pais, that no abufe concerning the Revenue mufl be queftioned,
the King fhall never know what the Efcheat is.
Here are four Defendants.
For Sir Richard Tichburm^ the Lord Treafurer had no difhonour
by him ; a Gentleman of an ancient Family, and very worthy as
any Ivlan : therefore I fliall concur , that the Sentence may be
drawn up with a fair mention of his manifefl Innocency throughout
the Caufe.
For the Second Defendant, Mr. Gibhins, I do clear him.
For the Third Defendant, his Secretary Mr. Lake., I an very fbrry
to meet him here upon this occafion, not that I fhall Cenfure him,
but yet fbmewhat fticketh with me, and that is his Letter to Mr.
Bond, that upon his faith and Credit he had Aflignments of 6000 /.
in keeping for the Plaintiff. Should he be fo adventurous as to write
fb witfiout his Lords privity ? It troubleth me the more, partly for
the Proof of it, becaufe there are Six days between Sir ^ames Ea^gs
Advancement of 2000 /. and Mr. Lakes Letter to Bond to help Sir
S f . Anthony
k
3 12
Hiflor/cal ColleUions.
An. 1635.
Anthony to 5000 /. therefore a fraud is contrived in fbme kind : Yet
I fliall acquit Mr. Lake^ though 1 cannot think fb well of him as I
have done.
My Lords ^
Now as for Sir 'jam^s Bag^, I do not ftand upon it, whether Sir
Anthony Pell is damnified in this Bufinefs, yea or no ? the Queffion
is, what fraudulent Praftifes here are by Sir James Ba^g ? And if
there be but an Intention to do the fame, I hold him as guilty as if
he had done it. Joyn this together with his ufing ot my Lord
Treafurers Name to lend thele Monies, that fb he might be inticed
by that meerly to get the AfTignments ; I do hold this i^radife to be
criminal in this Court.
T he Proof is^ That he had Experience in BufinelTes of this na-
ture ; he was to have but Seven Hundred Pounds for his pains. He
muft to Walling for d-honfe : though in anfwer to this it was wittily
obferved by Sir James Bagg^s Councel, this Conftru^lion, (^finfu.
divifo, fenfii compofito ) that he muft pay the Money , and then
prefently to WalUngford-honje and pay the Money there.
If Two WitnefTes not concurring in Time and Place, yet if they
concur in proving the Crime, they are of force to me, they all
come home to this Plot and PraStice. I fhould be of opinion with
my Lord of London if thefe things were feveral.
But confider the Shooe-horne they draw on by the Name of the
Lord Treafiirer, and the Plot will appear.
I find this Money pretended to be for my Lord Treafurer, though
it was never paid back again, nor ever tendred ; and yet what a
glorious defence at Bar was offered, that Bagg would not pay it till
the Bill came in. For why ? becaufe that the World fhould not
take notice, that he was afraid of the Bill. This is but a glofs and
weakning of himlelf. All the World may fee, if it had not been
for the Bill, Sir Anthony Pell fhould never have had his Money. It
is even as if one fall upon another in the High-way ,and they rob him,
and make him enter into Bond, that he will not queftion him here-
after ; and then others come and fee them, then he that robbed
him anfwers, Here is your Money, I did but borrow it. I conceive
the getting of the Money by Bagg from Pell as bad, as if he had
gone away with the Two Thoufand and Y'vit, Hundred Pounds.
I agree in one thing with my Lord 'Finch, That Bagg was a moft
unnatural Man, that had drawn Two Thoufand Five Hundred Pounds
for the ule of himfelf and his friends , from the Plaintiff": And
whereas Sir Anthony was in a Itrait how to advance Three Ihoufand
Pounds^ that he fliould be fb hard-hearted, ( that Two Thouflmd
Five Hundred Pounds being in his Hands ) as not to help him at
fuch a time , I would have Sentenced him for this unnatural part
alone : Poor Sir Anthony muft fuffer all this, while it is likely Bagg
would never have been guU'd in a Bufinefs. He was an Ingenious
Man, Sir Anthony was a finsle plain Man.
If Bagg had put this Bill in, I fliould have conceived the worft
of it ; but I fliall never believe poor Sir Anthony had in him that
malice, as if Bag^ had put it in : For his Councel to take Excepti.
ons againft WitnefTes at the Hearing, is of dangerous confequence;
any Caufe of the Kings may be ^o Ipoiled. They fay one of Sir
^4nthoniis
l.-
tiifiorical ColleBion
s.
513
r
Jnthr-n'tcs witnelTes was but feventcen years of age ; if it were fo,
5'et lie was of age enough to tell and receive mony. They except
againft them becaufc they afe Sir Anthonits Servants. Who are (b
proper to be WitnclTes as his men ? Why is here no exceptions ta-
ken to Sir 'l.^W'js Enoos Witnelfes ? for he had two Servants fworn
as well as Sir Anthony.
For iMr. Ffeot/rt^ they fay he was then prelerit, and heard no fuch
words as M.ir(J} fweareth ; that might be true, and he not hear, for
tliey might be Ipoke and not in his hearing. What if Pell did fail
in the proof of his Bill, not only in the matter but in the man-
ner?
I \\ ill not look upon Ft II, but upon the Publick : but I hold this
proved both in matter and manner ; for it would not have been fiif-
licient for PtII to have proved, he was colened thus much, but in
this m.tmicr. That \\'hich is worfl: of all, and is fb foul, that his
Councel offered no defence at all, and that was Ba^^s own anfvver ;
where he fweareth, that he never did deferve any flich kindnefs of
Sir Anthony PtII for to do fb great Curtefie, as to lend him thefe
raonys. Look but upon, and lee the many Letters he M^it ; James
Stggy your ?no[l real Friend , your bnfinefs will he better done if yon lea-ve
it to your Friend James Eagg. Here is his Hand againft his Oath,
and his Oath againft his Hand. He was a moft bafe fellow to fay
xotir'inojt real Iriend^ and to ^tx\^^\x Anthony as he did. I have
now done with that bottomlefs Bavg, and my cenfufe ; I leave my
Lord of Portland to do what he thinketh fit againfl: him. I hold it
as dangerous a praftice of him as ever was in this kind. I fine him
at 5000 /. and Lnprifbnment during the Kings pleafure ; and for
his Office leave it to the Kings pleafure : only pray, that a man
whofe Hand and Oath cannot be taken may not be in truft, efpeci-
all\^ in places concerning His Majefty. The Plaintiff hath a lofs
perfbnal and real, and ingaged himfelf in many thoufand pounds
for the obtaining of mony, therefore I fine Bagg 500 /. damages to
Sir Anthony Pell.
The Lord Cottin^^ton, who firft began according to the courfe of
the Court, was of opinion Sir 'y^wej B^^^ ought to be acquitted
and Sir Anthony Pell to becenfiired/^ro falfo Clamore, for cafling an
afrxrfion upon my Lord Treafurer, by putting thofe paffages of
fcandal into his Bill.
And the Earl of Dorfet declared he did not think it to be a crime
for a Courtier that comes up to Court for His Majefties fervice, and
lives at great expence in his attendance, to receive a reward to get
a bufinets done by a great man in Power, and was of opinion with
my Lord Cottington, to fine the Plaintiff pro falfo Clamore.
S f
The
1 1 Carol',
3H
Hiftorical Colle&iom.
An. 1655-
The Bifliop of Cantcrhurlcs Letter to the Arch-Bifliop of
St. Andrews in ScotLmJ.
My very good Lord,
T~Or the Particulars eiitri/fled by the Church to the Lord B/fjop of
\ Brechen, and nxmely about the Abbacie of Lindores, you mnjt ex-
Pexi thtm from the Lord Bijhop himjelf^ and from fuch relations as you
ivill receive by rny Lord and the Earl tf/'Traquair. Now at this time you
(hall receive nothings but that which u commanded me by the Kjno', and
muft be my ^ art to act in the frefent and future bufmefr for theVhurch
of Scotland.
My. Lordy forthef/refent the K^ing is refolved^ upon fome great rea-
fons of State, irh/ch have prevailed with hnn^ not to meddle with the
Abbacy of Lindores, or any other of that nature^ as yety but to Itave
thtm /* that fate in which they now are, till fuch time as he may con-
flder the Decrees, and the A^t or Acts of Parliament which concern
them ; »W till he can find a way to ordtr them better^ both for his
own pr.oft, and the contentment of His people there : ajjuring you in
thu mean timey that both in this and all other bufi/itfy he will be very
careful both of the credit, and of the maintenance of the Church ; where-
of if your felf or any other Bifjjop or Clergy-man y (hall make doubt y I
ar/t . commanded to tell youy that therein you will not only do His Ma-
jefty, . wrong, but hurt your fives and the Churchy which you Jeek to
benefit. And in this very ■particular y you are to know, and ?nake known
to others, that it is not the diflike of any perfon or perfonsy or of the
thing It flfy that caufrs this prefent frayy but reafon of fate onlyy and
the care which the KJng hath thut all proceedings may go on according to
Law. Asi for the Bijbopricks His Maffty will take their wants into
as Provident care as he can, and hath frtled Arbroth upon the Bi-
f}joprickof^XQc\\Q.ny but in what form I am not able to tell you, as not
being fo well acquainted with the Cujloms and Conflitutions of that
Kingdom, And therefore left I jhould mifiake in any circumfiancey I
leave, that wholly to the Bifbops own Relation.
For all the bufinef of that Church in future y which mu(l come to the
Exchequer or any other piiblick Audience y or any other bnfinejs that may
reflect upon the Churchy or any thing that belongs to the K.ings fervice,
in which Church-men are trufledy you are immutably to hold this Rule,
and that by his Maf (ties flrict and moft f^ecial Command, namely that
your flfy or the Lord Rofs, or both of you together, do privately ac-
quaint, the Earl of Traquair with it, before it be propojed m publick,
either at the Council-lahley or the Exchequer, or elf where : and the
Earl hath ajfured the /C/»? ^^ ^'''■J p^f^fnce that he will firifrly obferve
and hold the fame correjpondency and courf with you ; and further, that
he will readily and faithfully do all good Offices for the Church, that
come within his power, according to all fuch Commands as he fjall re-
ceive, either immediately from the Kj^g, or otherwife by dire^ion of
his Ma]eflyfrom my flf. And if at any time your Lordfjips, and ?ny
Lord Traquair fijall upon any of the forementioned buftnefr fo differ
in 'Judgement, that you cannot accord it among your fives, let it refr,
and write up either to His Majefry, or to my felf, to move His Maje-
fly
Hifiorical Collet ions.
31S
J}y for f/trthcr dJnfil'/or;, which once rccavad you art all to obvy, that fa
this little nnhaffy difference^ which lately arofe about Lindorcs, may be
laid afleep ; and that no other may hereafter rife up m the place of it^
to diflurb either the Kjngs or the Churches fervice, or diforder any of
your felveSy who are known to be fuch careful and direct Seri/ants to both.
And to the end this may go on with better fuccefs. His Majefly precife-
ly commands^ that this mutual Rt:Ut ion between the Earl f/'Traquair
and you, be kept very fecret^ and made known to no other Perfon, either
Clergy or Laity ^ for the divulging of theft things cannot but breed 'f ta-
lc 11 fits arnongjt men, and differ vices in regard of the things themfelves ;
and therefore the KJng bids ?ne tell you, that he fhall take it very
ill at his handy whoever he be , that fjjall not flraightly obfervethefe his
dire£iions. This is all which I had in command to deliver to you, and
I fijall not mingle with it any particulars of my own ; therefore wiOj-
ing you all Health and Happinef^ and goodjpeed in your {rnat affairs
I leave you to Gods Blejfed Protection, and refl.
Novtmb. 10. 1635.
Your Graces very Loving Friend
aiid Brother,
W. Canterbury.
My very good Lord, S. in Chriflo.
Have but one thing at this prefent to trouble you with, but that hath
much di IP leafed the KJng, and not without very 'pift caufe • for now
while the KJngu fetling that Church againfl all things that were de-
feBive in it, and againfl the continuance of all unwarrantable cufloms
unknown to, or oppofed by fhe ancient Church of Chrift , the now Bi-
fhop of Aberdeen, hath given way to, and allowed a publick Faft
throughout his Diocefs, to be kept upon the Lords- Day, contrary to the
P.ules of Chrijlianity, and all the ancient Canons of the Church. I was
in good hope that Church had quite laid down that Ill-Cuflom : but
fince it appears the now Bijhop <?/' Aberdeen hath continued tt, and per-
haps others may follow his example, if this pafs without a check ; there-
fore His Maffties Exprefs Will and Command to your Grace is. That
you and my Lori Glafcow, take order with all the Bi(Jjops in your feve-
ral Provinces refpe^ively, that no ?nan prefume to Command, or Suf-
fer any Eajl to be upon that day, or indeed any publick Faft upon any
other day without the Special Leave and Command of the l\jn<r, to
whofe Power it belongs, and not to them. A/id farther His Majefiies
Will and pleafure is, that if the Canons be not already Printed ( as I
prefume they are not ) that you make a Canon purpofely againfl this un-
worthy Cujiom, and fee it Printed with the rejl ; and that you write a
fjort Letter to the Bifhop of Aberdeen, to let him unokrfland how
he hath over-jljot hmifelf , which Letter you may fend together with
thefe of mine, if you fo pleafe. This is all which for the prefent I
have to trouble you with ; therefore leaving you to God''s Blejfed prote-
Hion, Irefi
Your Graces very Loving
Friend and Brother,
Will. Canterbury.
Mr. Chancey
II Caroli.
VtCMbtr I.
The Arch-Bi-
fhop of dn-
tobiirits Let-
ter to the
Lord Arch-
Billiop of St.
Andrews.
316
Hiflorical ColleEHon^.
Mr. Chancey
queftJoned in
the High-
Coinmillion.
AgainA Hack-
ney-Coaches.
in and about
London, giving
diflurbance in
the Streets.
MR. Chaf/ccy Minifter of JVari- in Hi'rtford(Jjire for oppofing the
making of a Rail about the Communion-Table in that Pa-
I rifh-Church, as an Innovation and Snare to mens Confciences, was
i brought into tlie High-Commiffion, and there pronounced guilty
of contempt of Ecclefiaftical Government, and railing a Schifm ;
and vi-as lufjoendcd from his Miniffry, till he Ihould make in open
Court a Recantation after a prefcribed form, acknowledging his
great offence in ufmg the inveftive Words, and protefting that he
was perfwaded in his Conlcience, that kneeUng at the Sacrament
was a Lawful and Commendable Gefture, that the Rail fet up in
the Chancel with a Bench thereunto annexed, for kneeling at the
Holy Communion, was a decent and convenient Ornament, and
promifing never by Word nor Deed to oppofe either that, or any
other Laudable Right and Ceremony prelcribed in the Church of
He is condemned in great cofts of Suit, and was imprifbned till
he paid the iame, or performed the order of the Court.
Afterwards Mr. ChaKcty having made the enjoyned Recantation,
was difmiffed with a judicial admonition given by the Arch-Bifliop
to live Peaceably and Conformably to the Doftrine, Difcipline and
Ceremonies of the Church of £>-/^/^;?.'/, and neither by Word nor
Teed to oppoie, or to bring into a diiefteem any of them. .
THe Kings Majefty took into confideration, the reftraint of the
multitude and promifcuous ule of Coaches about Lo»don
and Weftminfter, His Majefty perceiving that of late the great num- 1
bersof Hackney-Co^c//f.v were grown a great difturbance to the King,
Queen and Nobility through the Streets of the Laid Citys, fb as
the common paffage thereby was hindred, and made dangerous ,
and the Rates and Prices of Hay and Provender, and other Provifi-
ons of the Stable thereby made exceeding dear, hath thought fit,
with the advice of His Privy-Council, to publifli His Royal Plea-
fiire for Reformation therein ; and therefore doth Command and For-
bid, that from the Feaftof St. John the Baptift next coming, no
Hackney, or hired Coach, or Coaches be ufed or fuffered in Lon-
don, or IVefh/i'ln/ler, or the Suburbs or Liberties thereof, except
the fame Hackney-Coach or Coaches be to travel at the leaft three
miles out of Lor/don or Wefi^mnfioy or the Suburbs thereof, or far-
ther. Andalfb thatnoPerfon or Perfbns fliall go in a Coach in
the Streets of London or Weftminft-ery or Suburbs or Liberties there-
of, except the Owner of the lame Coach fliall and do Conftantly
keep within the laid Cities and Suburbs thereof four fufficient
able Horfes or Geldings fit for His Majefties Service, m henfbever
His Majefties occafions fhall require them, upon great Penalties
contained in the laid Proclamation ; and for the due execution
thereof, His Majefty doth Command all Juftices of Peace, Majors,
Bailiffs, Conftables of the faid Cities and Suburbs, to be aiding
and aflifting, whereby fuch as wilfully do offend in the Premiles,
may be brought and prefented to His Majefties Privy-Council, to
be proceeded againft according to the demerits of the Offenders.
It
Hijioricai C olle^ioas.
3'
I
1
It is worth the knowledge, that in the firft year of the Reign of
King Chjirhs, no Hackney-Coaches did iland in the Streets, but at
their Stables, and they were fent unto to come abroad by thole
who had occafion to ufe them : and there were not above twenty
Hackney Coaches at that time, to be liad for hire in and about
Londo/J.
The grave Judges of the Law conftantly rid on Horfeback, in all
weathers , to li^tjtmi^ijhr : All Lawyers in thole days pleaded in
Ruffs, falling-bands came afterwards in fafliion.
'~yHe King by the atlvice of His Privy-Council, according to
I a Statute made in the fourth year of King EdnKtrd the third
did publifli and declare, that for one year following, Cafiary-Wi>us ,
Miffcadfls and Ahcant be Ibid in grols a.t ij l. the Pipe, and ati2d.
the Quart ; Sacks and MaLigofs at 1 5 /. the But in grols, and 10 -a'.
the Quart by retail ; ij^ifcoin and Irench Wmcs at 18/. the Tun;
the Rock'l-lVims at 15/. the Tun, and at 6 d. the Quart by retail.
T T THereas tlie Kings Majefty was informed by the Chief
V \' Landlords and hihabitants of the Lands and PolTeffions next
adjoyning to the Out-bounds of his Kingdoms of Englan 'dind
Scotland^ that by the great and general Litercourle, lecret Pradi-
les and Combinations of Out Laws, Felons and Malefactors of both
thole Kingdoms, divers and lundry Outrages and Felonies have
been by them committed ; The King hereupon taking into His
Princely Confideration the reformation of fuch Milchiefs ; and call-
ing io mind that fundry the Chief Landlords of the Lands and Pof-
fellions next adjoyning to the Frontiers of the faid two Kingdoms,
were contented to undertake to King James, that thole Tenants
under them Ihould be anl\verable to the Kings Laws for any Felo-
ny or Capital Crime they fliould be charged with ; and if the Par-
ty Delinquent fliould happen to fly, before he, or they Ihould be
apprehended, and the Party grieved fliould by courle of Law In-
diO: and Convift the Party or Parties Delinquent of the faid Felo-
ny or Felonies ; that then the faid Landlord, to whom the Forfei-
ture of fuch party Convifted fliould accrew, fhould make Rcftitu-
tion to the Party Grieved of fuch Goods as were ftolen from him
by the laid Party or Parties Convifted ; the laid Landlord being
Authoriled himfelf and Officers to iearcli for, and apprehend any
Felons, Fugitives, Abettors, Out-putters, or any liilpefted Perlbns
iecretly lurking, remaining, or being within the laid Landlords
Bounds or Limits, and him, or them to bring to anfwer to the le-
veral Laws of the Land : of which laid Undertaking the King did
well approve ; and did therefore command all Chief Landlords in
the Counties of Cumkrlmd and NorthnmberUnd^ to put the fame
in Execution, to the utmoft of their Power.
Titles of Proclamations for the Year 1535.
A Proclamation frohibking the nfe of the Net or Engine ; called a
Jrawle.
J
1 1 Carofi.
Fehrunry i.
The Prifmg of
Wines.
Vibriidry 25.
A I'rocljmati-
on for tilt ("upr
prtflTingrf f4.
Ions dtid Out'
Urvs, their
■iyden &•
Abtttors^ by
bringing them
to be anfvvera-
ble to the fe-
ver.il Laws of
the feveral
Rejlms of
EngUml and
Scothnd.
Whitehall f/.j
1 1 th diiy (if
April.
3
i8
Hijlorical ColkBions,
An. 1635.
Oatelands tht
21/? ia;j of
July.
Oatelands the
26th day of
July.
Oatehnds the
38th di) of
July.
Baglhot July
the 31)2.
Oatelands the
2^th day oj
Auguft.
Windfor the
6th day of
September.
Hampton-
Court the ^oth
day of Scfiem-
ber.
Royftone the
i^thdayof
oaober.
Hampton-
Court the ifl.
day of No-
vember.
Hampton-
Court th« ift.
day oj No-
vember.
Whitehall the
1 2tb day of
January.
Wefiminfter
the 1 9th day of
January.
New-market
the \fl day of
February.
Weftminfter
thei^tkday of
February.
Whitehall the
I ft day of
March.
A Proclamation to refirain the KJngs Suhje^s departing out of the
Realm without Licenfc.
A Proclamation for the fiippreffing of profane Swearing and Curfing.
A Proclamation for the better ordering of thof who repair to the
Court, for their Cure of the Difafe called the King's Evil.
A Proclamation for the fetling of the Letter-Office 0/ England and
Scotland.
A Proclamation declaring His Majftie> Royal Grace and Pleafure' to
confirm to His Sitbje^s their defective Eftates in their Lands and Pof
feffions by his Commiflion lately renewed and enlarged to that Purpofe.
A Proclamation for preventing of Abufes of Informers , C larks,
and others in their l?rolecutions upon the Laws, and Statutes of this
Realm.
A Proclamation Prohibiting the Importation of Vurles, Cut- works,
Bonelaces, made in foreign Parts, and for the lealing f fuch as are
made within the Realm of England and Dominion of Wales.
A Proclamation prohibiting the Importation of all forts of Glafs
whatjoever made in Foreign Parts,
A Proclamation to Refrain the Landing of men ; goods, out of fuch
Ships as (Jjall come from the parts of France, or the Low-Countries,
now infcfted with the Plague, till they have warrant from the Officers
or Farmers of His Majejlies Cujlomers.
A Proclamation for reflraint of Exceflive Carriages to the deftruEii-
on of the High- Ways.
A Proclamation for the reflraint of the Confumption of the Coyr^
and Bullion of this Realm, and the deceitful making of Gold and Sil-
ver Thread, and for the regulating thereof for the time to Come.
A Proclamation for the reflraint of the Multitude and Promifcuom
ufe of C02.ch.ts about London /««^ Weftminfter.
A Proclamation for the Prifing of Wines.
A Proclamation for the fuppreffmg of Felons and Out-laws, their
Alders and Abettors, by bringing them to be anfwerable to the fever al
Laws ofthefeveral Realms of England and Scotland.
A Proclamation concerning Farthing-Tokens.
Hiftorical
- V
Hiftorical Collections
for the Year, 1636.
The Arch-B/pof of Canterburies Diary,
T
'^Hurfdaj, the Bill came in this day that Two dyed of the
Plague at^^ii-e-Chappel, God blels us through the
Year.
May 16. Monday J the fettlement between L. M. St.
and me : God blefs me.
May 17. Tiiefday, I vifited the Dean and Chapter of St» Pauls
London, Sec.
May 19. Thurfday, the Agreement between me and L. J(,. Ch.
which began very ftrangely , and ended juft as I thought it
would.
"June 21. Tiiefday, my Hearing before the King about my Right
tovifitboth thQ.Wnv7tx^\x\tSjureMetropolitico, it was ordered with
me ; the Hearing was at Hampton-Court.
June. 22. Wednefday, the Statutes q{ Oxford finiflied, and pub-
lilhed in Convocation.
Augiijt 5. Wedmfday-nx^x. towards the morning, I dreamed L.
M. St. came and fliewed me all the Kindnefs I could ask, and that
'Thurfday., Auguft 4. he did come and was very kind towards me,
fomniis tamen baud inultum fido,
Auguft 1 9, Friday., I was in great hazard of breaking my Right-
Leg/
Augu(t 1 9 Monday., King Charles and Queen Mary entred Oxford.,
being to be there entertained by me as a Chancellor of the Uni-
verfity.
Auguft T,o. on Tuefday I entertained them at St. Johns Colledge,
it was St. Felix his day, and all paffed happily. Charles Prince-
Eleftor-Palatine, and his Brother Prince Rupertm was there ; thefe
Two were prefented in Convocation, and with other Nobles were
made Mafters of Arts.
Wednefday Auguft ^i. they left Oxford, and I returned home-
wards the day after, having firft entertained all the Heads of Hou-
fes together.
Oclober 14. Friday-n\^t I dreamed marveloufly that the King
was offended with me, and would caft me off, and tell me no caule
why : Avertat Dens, for caufe I have given none.
November 20. Sunday-m^\t my fearful dream, Mr. Cob brought
me word, (jrc.
T t
Tiecewhtr
12 Caroli.
April 7. The
Arch-bifliop
of Canterbu-
ries Diary.
HijioriCiil CoMcBions.
A?/.\6'^6.\ Dectmber 2 4. iS'.t///;-^.tv at night , Qhrijhn,is-E'vc\ that night I
dreamed I went to feek M. St. and found him with his Mother fit-
ting in the room, it was a fair Chamber , he went away, and I
went after , but miffed him, and after tired my lelf extreamly \
but neither could I find him, nor fb much as the Houfe again.
Mxrch 2(5.
To Inroll
Mi\i cUiifim.
A-^fil 5.
Mariners.
Plague.
Is Majefty this day in Council taking into Confideration a
I Book lately l^ubliflied by 'John St-Uin Efl]; Intituled M.trc
CLiufiim^ fat de Dominio Mari^^ written by the Kings Command,
which he had done with great Induftry, Learning and Judgment,
and hath alferted the Right of the Crown of Ef?olmd to the Domi-
nion of the Br.'tt/fr7 Seas. The King requires one of the faid Books
to be kept in the Council-Cheft, another in the Court of Exchequer,
and a third in the Court of Admiralty, as faithful and ffrong Evi-
dence to the Dominion of the Brittijb Seas.
Alrii 1 5.
Mire cUufum
Printed be-
yond Sea.
"He Kings Majeflry being informed, that divers Marriners be-
ing PretTed for His Service at Sea, have lately withdraw^n
themfelves from His Majeflies Sliips, and are entertained by Mer-
chants and others, doth require and command, That all fuch Mar-
riners do immediately repair to His Majefties Service, for which
they are or ought to be entertained for His Majefties uie. And the
King doth inhibit and forbid all Merchants and Mafters of Ships
whatfbever, to receive or continue any Mariner in their Service,
who have deferted the Kings Ships.
TH'trfdxy the ']th of Jpril : The Bill came this day, that
Two dyed at JVh/te-Chappe/ oi the V>hguG; and it appears
by the Bill of Mortality given in Decemkr this Year, that there
dyed in the whole of the Plague to the number of
His Majc/ly, as to Mare CLiufum , further exprcjfcth His
Tleajure- on the i5ch of April.
WHereas there was heretofore by the Kings Command Pub-
lilTied a Book Intituled Mare ClAufuw^ feu Dominio Maris,
for the manifefting of the Right and Dominion of the King and His
Royal Progenitors in the Seas,which incompafs the Realms and Do-
minions of Great Brittain and Ireland. And whereas, fince the Pub-
lifhing thereof, fbme have caufed the laid Book to be Printed in
fome Place beyond the Seas, and to the faid Impreflion have added
more than what was therein printed at firff:, and hath falfly put in
the name of the City of London for the place of the Impreflion.
' The King doth require, that no perfbn whatfbever, do, or fliall
import, publifh, fetto fale, any of the faid Books of the faid For-
reign Edition, either in Latin or EnoUflj^ except only fuch as
have , or fhall be liccnfed by the Laws and Cuftoms of this
Realm.
The
Hijiorical ColleEfions.
321
^~J'^ He Kings Majelly having taken into confideration the great
I quantity of Money exhaufted from His Subjefts, and ex-
ported out of His Dominions into Forreign Parts for counterfeit
Jewels, of Pearl, Pendants, Chains, and falfe Stones, carrying
only a fhew and femblance of Precious Stones, Pearls and Jewels.
Doth, by the Advice of His Privy-Council, charge and command,
That from henceforth no Perlbn or Perlbns whatfbever, do wear or
ufe any counterfeit Jewels , Pearls , Pendants , Chains , or falfe
Stones, upon pain of Forfeiture of the lame, and fuch other Pains
as Ihall be infli6ted upon them.
Ulmi the 19th of April His Majcjly, as to the Llturgiedeftgn-
i'd for Scotland, thus cxprejjed His Tleafure
Claries ReX,
'■ T Gave the Arch-bifhop of Cmttrhnry Command, to make the
' \ Alterations expreflfed in this Book, and to fit a Liturgy for the
' Church of ScotUnd:, and wherelbever they fhall differ from ano-
* ther Book Signed by Us at H^mpton-Qourt^ September 28. 16^4.
' Our Pleafure is, to have thefe followed rather than the former,
12 Carol! .
Afril 1 8-
An Order a-
gainfl coun-
terfeit Jewels,
' unlefs the Arch-biiTiop of St.
JKdrei
vs.
and his Brethren, who arc
' upon the I^lace, fliall fee apparent reafbn to the contrary.
' I "^ He Kings Majefty finding, that the Infeftion of the Plague
I hath begun to break forth in fbme Places, near unto the City
of London, and fbme other Parts of the Kingdom :
Doth, out of a provident Care, and for the fafety of his People,
( a timely ufe of good means being required to prevent the difj:3er-
fing thereof ) take notice, that in the time of the laft Plague,
there were divers good Orders publifhed, with Rules prefervative,
and DireGions againft the Infeftion ; His Majefty is pleafed that
the faid Orders, Rules and Medicines fhall be again now publifiied
and renewed. And doth therefore require all Juftices of I^eace,
Majors, Sheriffs, and other Officers and Minifters, to take know-
ledge of His Majelfies Pleafure herein : and that every one in their
feveral Places, where the Infeft ion fliall happen to be, ufe all care
and endeavours effeftually to prevent the Ij^reading of the fame.
'' I '•He King doth declare His Pleafure, That whereas in His
I Vniverfities of Oxford and Cambridge^ and in His City of
London^ divers Books not elfe-where Printed and Publifhed, at
the Cofts and care of fbme of the Kings Subjects, and afterwards
fbme of the faid Books have been re-printed in the Dominion of
Forreign Princes, or States, and from thence Imported, and put
to Sale here ; by which the SubjeCts ( at whofe Coft the firft Im-
preffion was made ) have been much prejudiced in the Sale of
fuch their faid ImprefTion.
' The King being defirous to give fpecial encouragement to all
good and lawful endeavours, ufed to advance good Arts and Lear-
ning, and to prevent the like Importation, doth charge and cont-
T t 2 mand,
Liturgy in
Scetldnd.
Apil 22.
Plague.
I. Miy \6\6,
To prevent
the Vrinting
of Boo^s bi-
yoni Sij,
wliich were
fu ft Printed at
tlie Univerii-
ties in Eng-
Und,
3
22
Hiftorical CollcBiouf.
An. 16^6. \ ' m:ind, That no perfbn whatfbever fliall impoit into the Realm of
' Enjy/a^d or 7;'</iW, or Dominion of M^a/cs, out of the Dominions
' of any Forrcign Prince, or fball offer to put to Sale any Fc.rrei^n
' Edition, or any Eooks or Copies, cither in L.itm or Grtek, orin
' the // .Vfjr, Ca/dca, Syriack^ and Arahick Tongues ; the firft Edi-
' tion of pubhfhing whereof hath been firft come out of any Prefs
' or Houfe of Printing in the laid Univerfuies , or out of the
' City of London.
The King appeared this Year with a formidable Arm.xdo in the
Narrow -Seas, Ahr^trnoum; Earl ot North'tr-nb^rLxtjd being Admiral,
had 60 Sale under his command, who fct out from the Dovns to-
M'ards the North., where the Dutch BAfes were Fifhing upon the
Coafts of the Ifles, part of the King of Great Britai/Ps Dominions;
but the AJmiral requiring them to forbear, they feemed indifpofed
thereunto ; whereupon the Admiral fired at them ; fbme of them
were taken, other funk, and the reft fled: And the Z)/^,'-^// immedi-
ately hereupon prevailed with the Admiral to mediate with the
King, that they might by His PermilTion go on this Summer to
Filh upon the Coafts, and agreed to give the King for this Year
?oooo /. ^> hich was paid accordingly ; and the D/itch expreffed
their willingnels to obtain a Grant from the ^-.ing, for their Permif
fion to Fifti for time to come, paying a yearly Tribute.
loMay 16^6.
His ,'7Aajej}y thought fit at this time to declare His Tleafure for
Reftraint of Filliing upon His Sll.'.jcfiies Seas and Coiifts
ivithoHt Licence.
7 Hereas King James did, in the Seventh Year of f lis Reign
V \ of Great Britain , fet forth a Proclamation touching Fi 'h
' ing ; whereby, for the many important Realbns therein expreifed,
' all Perlbns of what Nation or Quality Ibever, ( being not His Na-
* tural-born Subjefts ) w ere reftrained from Fifliing upon any the
' Coafts and Seas of Great Britain, IreLtnd, and the reft of the
' I/Ies adjacent, M'here moft ufually heretofore Fifliing had been,
' until they had orderly demanded and obtained Licences from the
' (aid King, or His Commiftioners in that behalf, upon pain of fuch
' chaftilement as fhould be inRifted upon fuch w iltiil Offenders :
* Since which time, albeit neither the (aid King, nor His Majefty
' have made any confiderable execution, of the laid Proclamation,
' but have M'ith much patience expefted a voluntary conformity of
' His Neighbours and Allies to ib I'uft and reafbnable Prohibitions
' and Dire6lions, as are contained in the lame.
* And now finding by experience , that all the inconveniences
' which occafioned that Proclamation , are rather increafed than
' abated : His Majefty being very fenfible of the PremilTes, and well ^
' knowing how far he is obliged />/ Honour to maintain the Rights of
' His Crown, clpecially of (b great ccnfequence, has thought it-
* neceffary, by the advice of His Privy-Council, to renew^ the afore-
' faid Reftraint of Fi(hinff , upon His aforelaid Coafts and Seas,
^ ivithoHt Licence ^r ft obtained from Him \ and by thefe Prefents do
' make
Hifioricd ColleBiom.
make publick Declaration, That His Relblution is, ( at times con-
venient ) to keep iTich a competent ftrengih of Shipping upon
His Seas, as may ( by Gods BleTmg ) be fu.-ficient both to hinder
fudi further encroachments upon His RegaUties, and aJliil: and pro-
tect thofe His good Friends and AlUes, who fliall henceforth, by
vertue of Our Licences, ( to be firll: obtained ) endeavour to take
the benefit of Filhing upon His Coalls and Seas in the Places ac-
cuftomed.
WHereas His Majefty King James, by His Proclamation da-
ted the i%tlj of yl/jv, in the I y/^/y Year of His Keign, for
the incouragement of His Subjefts, the Company and Merchants
Trading for Mifcovy, Greenland, and the Parts ad)oyning, com-
monly called the M'ifcoijy-£om^imy, did inhibit the Importation of
Whale-Fins by any perfon, other than by that Company :
' The King being now minded to give the like incouragement,
which, by the Increale of Navigation, conduceth much to the
common Good of the King and People, doth now think fit to pro-
hibit all Aliens, and Strangers wliatfbever, as well as the Kings
Natural-born Subjefts, that they, nor any of them, other than the
M'fcnvy Merchants, only Import, or bring any Whale-Oyl or
Whale-Fins into any of the Kings Dominions, upon penalty of
forfeiture of the fame, and upon pain of fuch other punilhment
as by the Court of Stxr-chmiher fliall be thought fitting, and that
none do prefume to buy, utter, fell, barter, or contraft for any
Whale-Oyl or Whale-Firis of any others than of the Mufcovy-
Merchazit.
THe Kings Majefty finding that the Infeftion of the 'PUgm
is atthis prelent (cattered and dilperfed in theCities o{ Lon-
don and Wefiminlkr^ and the Suburbs of Ibme Pariflies adjoyning
to the lame, and weighing the danger and inconvenience, which
may fall out by the relbrt of His Subjefts from all Parts of the
Kingdom to His Cities o^ LoKdomnAlVtIlminfler, for their ne-
ceflary Caules and Suits the next Term, hath thought fit, by the
advice of His Privy-Council, to Jdjor/m fbme part of Innny-
Term next, from the lecond Return thereof, until Ires Irimtatis,
being the laft Return of the fame ; and that to be for fuch Caufes
as are hereafter expreiled.
' See this Proclamation at large in the Appendix.
W'Hereas Richard Chambers Merchant, having commenced a
Suit for Ti-efpafs and falfe Imprifonment againft Sir Ed 'nrd
Bromfeild, for imprifbning him the laid Chambers^ for refufing to pay
Ship-money in the time that Sir Ed.vard Bromfeili was Lord Major
of the City of London ; in which Suit the laid Sir Ed:i\trd BromfeJU
did make a fj^ecial Juftification : Sir R. B. Knight being then one
of the Juftices of the Court of ]yjng;s-B:nch in Crinitv-'L erm 1636.
tlien fitting on the Bench in the laid Court, upon debate of tiie
laid Cafe between the laid, Chambers and Sir Edward Bromfedd,
faid openly in Court, That there was a Rule of Law, and a Ruk
of Government, and that many things which might not be done
by the Rule of Law, might be done by the Rule of Government,
and
12 Caroli.
]6.M.ty 16^6.
The King in-
hibits the Im-
portation of
Wh.ile-O\lor
Whalt-Fins,
27. May 16^6.
The King by
Two Procla-
mations Ad-
I'l.'irns part of
Trinity-Term.
Jinr l6^$,
Trin-Trm.Slt
/f.C. Knight
refufed to let
rhc Cafe of
Ship-money
be argued.
324
Hfftoncal Colle^ions.
An. 1636. I and w^ould not fuffer the Point of Legality of Hhip-monty to be ar-
gued by Chambtrs his Councel.
Jiim 6.
The opinion
of all the
Judges, whe-
ther theBooks
written by
'Burton and
amount to ^
High-Treafon
The Bufinefs
debated in the
Kings Pre-
fence.
Upon Ttiefday the 6th of June 1^ Carol/ ^ all the Judges met at
Serjeants-Inn , and all the Kings Council , about feditious Books
written and difperfed by Mr. Burton, and Dr. Bafiwick. After leve-
ral Speeches made by the Kings Councel, endeavouring to prove
that there were divers Paflages in the Books that amounted to
High-Treafon : The Judges in their abfence debated the Bufinefi,
and refolved as foUoweth.
1. That if there were any thing in the Books that amounted to
Treafon , no Indiftment would be found good for Treafon, unlels
it was grounded upon the Statute of 25 Kdw. 5. either tor compaC-
fing the Kings Death, or imagining the fame, or elfe for levying
of War.
2. If any Man feditioufly, malicioufly, andof purpofe to raife
Rebellion, and to incite Rebellion, did take Arms to reduce the
courfe of Government, of the State, either Ecclefiaftical or Civil,
and thereby to compafs the Kings deftruftion, this was Treafon.
3. That the Indiftment was to be framed upon the faid Statute
of 2 5 Edw. 5. and further the Judges went not that day. And this
was delivered by the Lord Chief- Juftice to the King and Council,
and fo they parted at that time.
About this time the New-Statutes for the Univerfity of Oxford
were finilhed and publifhed in Convocation.
The Preface to thofe Statutes difparaged King Edwards Times
and Government, declaring, that the Difcipline of the Univerfity
was then difcompofed and troubled by that Kings Injunftions, and
the fiattering novelty of the Age, and that it did revive and fiou-
rifli again in Queen Maries days, under the Government of Cardi-
nal Poole ; when, by the much to be defired felicity of thofe Times,
an in-bred Candor fupplied the defeQ: of Statutes.
'' I"' His fame Year there arofe a Difference between the Arch-bi-
1 fhop and the Two Univerfities,OA-/or/:^ and C^w^/'r/Wof, concern-
ing the Right of Vifiting thofe Univerfities;the Arch-bifhop claiming
it '"jure Metropolitko, and they Pleaded that it was fetled in the
King alone, as King, and their Founder. This Caufe tame to a
Hearing before His Majeffy, fitting in Council ; Sir John Banks the
Kings Attorney-General Pleading for the Arch-bifliops Right, and
the^Kings ; the King then in Perfon arguing and giving judgment
againft himfelf.
At Hamf ton-Court, on the 21/ o^ June, the King and Council
being fat, the Lord Arch-bifhop ftanding at the Right-Hand
of the King, fpake to this cfFed. That by Letters he had acquain-
ted the Two Univerfities, that he conceived he had power to Vifit
them, as being within his Province, and Mctropolitical Jurifdidi-
on, and defired to know their AnfMcrs. To this a civil Anfwer
was returned, both from Oxford and Cambridge, That to yield to
fiich
ti /ftorkal Cdllecf/ons.
3^5
The Kings At-
torney argu-
guetli for the
Arch-bilhop.
Cach a Propofition by their own Power, without a Command from : 12 C.iroli.-
His Majerty, were a wrong to the Univcdiries. Thcieupon he de-
hvered a Petition to HisMajefty, and defned a Gracious Hearing;
and now he humbly beibught His Majeli^y to do him the favour to
hear this Caufe ; for the Cluirch of E/7'^Lwd ihould never be
able to fettle things right without Ibme Power over the Univer-
iities.
Then the Earl of Holi.tfid^ Chancellor of the Univcrfity of Cam-
hrid^t, ftanding at the Left-Hand of the King, fpake, and laid,
That he hoped His Majefty would not fuffer that Linivcrfity to lofe
its ancient Priviledge ; it being never wont to be Viiited, lave by
His Majefty, andthofe by Commillion from him, and ever exempt-
ed from the Vifiration of any Biihop or Arch-bifliop.
Then the Attorney-General argued, as followeth.
The Qiieftion in ll:iort is, whether the Arch-bifhop of CAnterhu^y,
as Metropolitan, ought to Vilit the Univeriities of Oxford and Cum-
brid^e, as being within his Province ? This doth no way intrench
upon Your Majefty, for it muft be acknowledged, that Your Maje-
fty is the Supreme Ordinary, and hath Supreme Jurildiftion, and
may Vifit both Univerfities by Your Commiffion, notwithftanding
You may do it by Your Lord Arch-bifliop ; this is an undoubted
Uiglit. My Lord Arch-bifhop hath a double Capacity ; the one as
Arch-bilhop, the other as Chancellor of Oxford. He defires to do
equal [uftice, and to offer no othervvile to that Honourable Perfbn,
the Chancellor of C.i»!<5//W^e,thanto himfelf. Bifliopricks and Arch-
bifliopricks are all of them of Your Majefties, and Your Royal Pro-
genitors Foundation, originally Donative , long before the Con-
queft, and before time of memory : And as ancient as the Arch-
biQiop is, lb ancient is the Jurifdiftion. The Vilitation ot the
Arch-billiop is of Common Right, and not of fpecial Pcrfbns, but
of the Clergy, and the People in all Caufes that be Ecclefiaftical,
and in all Places within his Province, without any manner of Ex-
ception. By the Statute of 2 1 //. 8. it doth appear, that all Hou-
fes of Religion, allColledges, &c. are within the Vifitation of the
Arch-bifnop of the Province. And by another Statute exprefs
Provifion is made, that in all Places, as well exempt, as not exempt,
the Arch-billiop fhall have Power to Reform, and punifli thofe that
do ought againft the Orders of the Church, Common-Prayer, drc
1 3 Eliz,. a Statute which confirmeth the 39 Articles, entruiteth the
Lord Arch-bifliop to fee the Do6frine of the Church maintained.
It will appear, that in the time of Ed^v. 1. Rich. 2. Ediv. 4. the j
Arch-biiliop Vifited the Univerfity in his o\\'n Metropolitical Right,
and not bv any Bull from the Pope ; and there is as urgent nece'fllty
in thele Times. Many things may be omitted by the Chancellors,
that are commonly great Men, and many things to be Reformed
concerning the Adminillration of the Sacraments, and the Orders
of the Church. In Cat^ibridoe there may be Chappels that were
never yet Confecrated, In the review of all Ecclefiaftical Laws
appointed by Aft of Parliament in the Times of H. 8. and Edn\ 6.
which fbew the opinion of the Times ; it appeareth exprefly,
there fliould be no Exemption of CoUedges from the Arch-bifhop*s
ViTitation.
\ Sir
326
Ak. 1636.
Sir Ja\in l.amb
leconds the
Kings Accor-
ncy.
Hijlorical Colle&ionf.
The Recorder
of Limdo". on
thel>ehalf of
the Itniverfity
of Cumhrid^c.
Sir ''John L.trnh (cconded the Kings Attorney, and faid, The Arch-
bifliop Vifiteth of common Right, and the Univerfities are parts of
his Province, and the Burthen is call on the other fide to prove the
Exemption. That in Cauies handled in the Univerfities they had
a Remedy to appeal to the Arch-bifhop, who heard the Com-
plaints of the Parties, and Vifited them ; this he faid he would
lliewby Record, which had been kept many Hundred Years.
Hereupon His Majefty commanded the Univerfities to fhew their
Exemption, and propofed that one fljould fpeak for both ; but it
was anfu'ered, that the Defences for both w^ere different one from
the other.
Then Mr. Gard/mr, Recorder of London, fpake on the behalf of
(.'ajvbridd e.
In flating this Queftion it's thus far agreed, That Your Majefty
hath power of Vifitation ; but the Queflion is, whether Your Ma-
jefty hath the fble Power, or my Lord's Grace a Power concurrent
with Your Majefiy.
No, faith the King, the Queftion is, M'hether he hath not Power
to Vifit there as \\-ithin his Province.
The Recorder thus proceeded. I fhall tell your Majelly what I
conceive of Metropolitical Vifitations, and then of the manner of
Government, and Rule of the Univerfity ; and then how the Rule
of the one will ftand with the other. And laftly, I fhall offer what
we have for Exemption.
In B'n^hnd there be Arch-bifhops, Bifhops, and Arch-deacons.
The Bifhop hath his Vifitation every Three Years ; my Lord's
Grace hath his Vifitation once in his time , and he Vifiteth
thofe of the Province ; to the end they may be fiibordinate ,
and in all their Caufes and Sentences they Appeal to him as Supe-
riour.
Here the Arch-bifhop interpofed, faying, I may Vifit as oft as
I will.
Mr. Gardiner went on. For the Government of the Univerfity
there is a Chancellor, Vice-chancellor, Proftors, arc. They may
proceed by way of Excommunication ; they may imprifbn and ba-
nifh, which is more Power than appertains to anv Metropolitical
Vifitation. Only one Bifliop of Ely did Excommunicate one of this
Univerfity ; but the Bifhop was afterwards Excomunicated 5 and
the Caufe being heard before Cardinal JVo/fn., he was made to
fiibmit himfelf Further than this we find no Prefident , that
either the Ordinary of the Diocefs , Arch-deacon, d^c. did ever
meddle.
5 7?. 2. In the Petition to the Parliament. We are flil'd an U-
niverfity founded by Your Majefties Progenitors : wherefore the
Power of Vifitation doth of right belong to Your Majefty, and
this is an Exemption from any ordinary Jurifdi8:ion. For other
Exemptions, We have B/i//s from the Pope, and Charters : about
the beginning of King Richard i\\t 2/s Time moft of the Charters
were Surn'd by an InfiirreQiion in the Town ; but many of them
were Confirmed to the Time of H. 6. upon a Suit made to the
Pope, to give fume Confirmation to their Priviledges, in regard
their Charters were burn'd. Whereupon the Pope granted a Com-
miffion, and Witneifes were examined, which Examination was a
means
Wfin
onc:d Collections.
means to produce Two ancient Bu/Is, exempting them from Me-
tropolitical Vifitation; the one bearing date Jfi^o 624. the o-
ther699.
The Arch-billiop laid, Thefe Exceptions were not to be found in
any Priories, or Nunneries at tlie tirft Foundation ; but as fbon as
they got any Money, they fent prefently to Rofne to get an Ex-
emption; and by that means the Bifliops loft their Reputation, and
Jurifdiftion, even tlie Council of 7ref/t and SpanifJj Bidiops have
all plaid their part herein. And this is the Complaint of whole
Chriftendom againft the Council of Tre;jt ; of which, next to
Purgatory, the Pope of Rome hath made his great Advantage.
Unto this the King faid, I dare lay the Pope doth as much to beat
downBifliops, as any Puritan doth in England.
In the Clole the Arcli-biniop proceeded thus.
There are Three Chappels in Cambridge not Confecrated. I de-
manded why they were not ? Dr. Chaddtrton made anfwer, He ho-
ped they were Conlecrated by Faith and good Conlcience. They
come into the Chappel witliout Surplices, and other dangers are
growing, and the Univerfity will be paft remedy before any Com-
plaint be made.
The Earl of //(^//ijWanfwered, All this may be Reformed in the
way that M'e defire. If you will Vifit, you may do it by Commifli-
on ; the King can grant it. The Bifliop replied. No ; I defire to
have my own Power.
Upon the Hearing of the whole Caufe, it was declared by the
King, with the Advice of the Privy-Council, That it was granted
on all Hands,that the King had an undoubted Right to Vifit the Uni-
verfities ; and that the Arch-biHiop, in the Right of his Metropo-
litical Church in Canterbury, had Power to Vifit the whole Pro-
vince , in which the Univerfities were fituated , and were un-
der the lame Power, unlefs they could fliew Priviledge and 'Ex-
emption.
That the Exceptions then alledged were not fuch as could give
latisfaQiion. That they could be Exempted by no Papal Bull ;
and that they were Exempted by none of their Charters. That
the long omiflTion of the Arch-billiops to Vifit, could be no prefcri-
ption to bar the Right of the Metropolitical See. That it appear'd,
that both Univerfities had been Vifited by Three Arch-bilhops, his
PredeceiTors '}ure Metropolitico, and not by a Legative Power. That
this coming in queftion, upon the refiftance of the Univerfity of
Oxford, it was, upon full Hearing of both Parties, adiudg'd for
the Arch-bifliop by King Richard the 2^, and afterward, upon the
hke Hearing and Re-examination by King Hi'firy the ^th^ and both
of their Judgments eftabliflied by Aft of Parliament i ^ Hen.
4. And the Arch-bifliop produced before His Majefty the O-
riginal Renunciation of all Priviledges from any Pope, made by
the Univerfity of Cambridge under the Hands of the Heads of
Houfes.
So the Fving and Council adjudg'd the Right of Vifiting Univer-
fities, and Chancellors Scholars, and all Perfens enjoying the Privi-
ledges thereof, to belong to the Arch-bifhop, and Metropolitical
Church of Canterbury by themfelves or their Commiffaries.
PL
I ± Carol:".
U u
Vv^here-
'28
Htjiorical ColleBions.
Jn.\6l6.
Whereupon the Arch-bifliop made this motion to the King :
Firft, for himfelf, that His Majefty would be Gracioufly pleafed,
that he might have the Sentence drawn up by the Advice of His
Majefties Learned Councel, andput under the 13road Seal, to fettle
all differences that hereafter might arife. Then on behalf of both
the Univerfities, that they fhould remain free and exempt from
the Vifitation, and Jurifdiftion of the Bifhop of the Diocels, or
Arch-de-acon.
Alfb, Teeing it was declar'd to be his Right to VifitMetropoIiti-
cally, and it was not limited by Law how often ; therefore, not-
withitanding the laft Cuftom of Vifitation fitml in 'vua tantum ,
that he might Vifit the Univerfities by himfelf, or his CommifTary,
as often as any great emergent caufe Ihould move him : provided
that neither he, nor any of his Succeffors, fhould, after the firft
Vifitation, Vifit upon fuch emergent Caufes, unlcls it be firft made
known to His Majefty and His Succeffors. All which was granted
by the King, and fo fetled.
Laftly, Whereas it was alledged, that the Chancellors of ei-
ther Univerfity were, and are like to be Perfbns of great Honour
and Eminencie ; and therefore it might be inconvenient, that they
fhould be caird to fuch Vifitation : It was declar'd by His Majefty,
that in the courfe of Law the Chancellor would be allowed to ap-
pear by his Proxie.
Serjeant Thin de fired leaye of His Majejiy to /peak a few words
for the Uniyerjity of Oxford, which wds to the effeB follow
in<ry he heing the Mouth of the reft of the Comuel.
Serjeant Tlji». ''~|~^Hat it was an ancient Univerfity, and had as
JL ancient Priviledges, and , by Bulls from the
Pope, was ever exempt from the Vifitation of any Arch-bifhopas
in his Metropolitical Right ; for as none can Found an Univ^erfity
but Your Majefty, and Your Progenitors, lb none have Power but
Your Majefty to Vifit there. But that which concerneth us is, that
it was a Foundation long before the Conqueft ; from the time of
the very Foundation of this Univerfity unto this day, we conceive
there was never any Vifitation made by any Arch-bifliop, as being
within his Province.
King. Never any^ ( faith the King :) As the Univerfity is ancient,
fb likewife Our Cuftom is as ancient,which for many Hundred Years
we may j*-efcribe ( the King anf\vered ) but a bare Frefcrtftion in
this Cafe will not prei'aiL
Thin. We have no Records fb old, yet this we have, divers Reci-
tals in £. 3<^'j time, which flieweth, that they had fbme original
Grant of Exemption. Pope Boniface 8. did grant to the Univerfity
of Oxford, a particular Exemption from all Archiepifcopal Jurifdi-
£lion ; but I know well that there will be an Objeftion made, that
the Pope did grant a Jurildiftion there. This Difference came be-
fore the King, and the King then did declare, That the Vifitation
did belong to the Arch-bifhop of Right.
King. What is that ? Did the l\ing declare that it did of right b>.long
to the Arch-bijhop to Viftt there ? that''s very hard for you to anfrer.
Thin.
Hiftorical Colle&iom.
929
1 hin. I objed thus againll my felf ( to fliorten the Cafe ) for if
I do not, they will. ) This was in King Rich, ic^s time. The occa-
fion was upon the Queftion touching Wiclifff his Cafe grounded
upon a miftaking of the Law. Before that time there was never
fo much as a Challenge to Vifit this Univerfity Metropolitically.
King. I will not grant that (^ Mr. Serjeant ) that my Prcdecefjor did
miflake the Law, perhaps he jv.-rs mif-informed of the Law.
'Thin. Pardon me for the Phrafe; the King w^as mif-informed as
we conceive of the ancient ufige and manner there.
King. Toil mnfl fippofe the Kjng did know it.
Thm. The Arch-bifliop was then a Potent Man in thofe days.
King. My Lord Arch-biffjop doth not intend to Fifit the Statutes of
the Vmz'erfity, nor of any particular Colledge.
■ Arch-bi(hop. I do intend to Vifit Metropolitically. I am to Vifit,
as I conceive, the Body of the Univerfity, and every Scholar that
is in it, for his obedience to the Doftrine and Dilcipline of the
Church of En(^land ; and this is the extent I intend, and not to
meddle with the Statutes of CoUedges or Univerfity, or particular
Vifitors of any CoUedge,
King. / do nnderjland rvhy yon do not meddle with that, becaufe it is
rhy foundation.
Arch'b.'fjop. I do fuppofe they do tell you of that which they
will not make appear to be your foundation.
Thin. There was never fince the firft foundation of this Univer-
fity any Vifitation made by any Arch-bifhop ; feveral have been
made by the Kings themfelves, but never by the Arch-bifhop.
King. As I remember youdidconfefs he did Vt fit once.
Thin. No, only an attempt to Vifit was made by Arch-bifhop
Jrrnnd^l., who was refifted by the Univerfity I will give up the
Caule if he can ever find any Appeal of any Caufe to the Arch-
bifliop of Canterbury from that Univerfity. I find it in Fitz,. N. Bre.
that the Chancellor of Oxford may certifie an Excommunication.
From whom had the Chancellor that JurifdiStion, but from the
King ? then thofe Afts are not to be Vifited by any Power but by
the King.
: King. That is no ^ood Inference , for every Bifbop hath Power' to
Viftt.
Thin. Since de facto the Arch-biQiop did never Vifit Oxford, but
was ever Vifited by Your Majefty , or by Commiflion from Your
Majefliy, and withal, their ancient Charters they have loft, which
might ( if they had them ) fliew their Priviledge ; and fince
there is fb memorable a Prefcription in this Cafe for fb many Hun-
dred Years, we humbly defire (with Your Majeflies Favour ) to
be flill Vifited by Your Majefty.
Jrch-biffjop. Thefe Exemptions were not to be found in any
Nunneries or Priories at the firft Foundation ; but as fbon as ever
they got any Money, they prefently fent to Rome to get an Ex-
emption, and then by that means the Bilhops lofl their Reputa-
tions, and fb brought down the Jurifdidion of the Bifhops, even
at the Councel of Trent ; and SpanijJ} Bifhops have all plaid their
parts herein. And this is the Complaint of whole Chriftendome
againft the Councel of Trent, of which, next to Purgatory, the
Pope of Rome hath made his grcateft advantage.
Uu 2
King.
12 Carolii
530
Hifloncal ColleBio7is.
An. i6i6.
King. / dart fay the Pope doth as ?mich to heat down Bijhops as any
Pitritane I have in England doth.
Jrch-Bifljop. King//. 8. by Statute thruftoutall, and whatfbe-
ver power the Pope had given in England by Bull, cjrc all is gone
at one blow by that Statute ? Now I m ill fhow you a Bond from
the Univerfity of looo/. that if they oppole my Jurifdiclion then
to be forfeit, I fpeak it upon my Reputation and Duty to Your Ma-
jefty. Jnn. 1 506. Chrifis Qolkdge was fiibjeft to the Bifhops Vifita-
tion : I am able to fliow the very original Deed in H. 8's time,where
the Univerfity of Cambridge have fubmitted themfelves to the
Arch-Bifhop, and here is the Original-Deed ( which was read and
fhowed to His Majefty ) being a fubmiJTion of the Univerfity to
the Arch-Bifhop, and to difclaim any right by Bull or the like. If
I fliould have put them to have liibmitted upon this evidence,
they would have laid either for fear, or one relpeft or other, they
had fubmitted to your Arch-Bifliop without any hearing. There-
fore not to put this upon either Univerfity, I got Your Majefty to
hear it, if you have any thing to fhow for it, God forbid I fhould
defireit if you have better evidence. If not, then I hope His Ma-
jefty will give me leave to carry it.
King. Read the date of the Deed my Lord fands fo upon ( which
being read was dated o-j H.%.
Arch-Bi(ljop. So your Majefty may fee before the Common-Law
did take that away, they did fubmit themfelves a year before. I
will make it appear that the Arch-Bifliop did vifit Cambridge as in
Metropolitical right three whole years together, and that it is ib
exprelted in the Ad.
King. They fay that the Bijhcp rvas then a porverful man, and the
times were trouble fome.
Bifhop. They tell you indeed 20 /I. 2. was a troublefbme time,
but of 12 //. 6. they do not tell you what a troublefbme time that
was.
King. But was Cambridge viftted three whole years.
Recorder. It is true, we did continue it for three whole years. I
did in^the opening of it mention as much, that he did vifit Ann,
1 401. and did continue it till 1404, and that in the ftory of that
time, he did it by a Metropolitical right ( as it is fb mentioned) but
how dangerous thofe times were, we have opened, and fince that
time never any fuch offer was made.
KJngs Attorney-General, Sir John Banks, May it pleafe your Ma-
jefty, their main objeftions confifts of Bulls. Now concerning any
Bull or Exemption from the Pope, they are of no force, and though
thy here plead it verbally, yet they will not do it upon Record ;
for that Statute which bringeth them in a power, that Statute
doth make all void : It is true, there is a faving of fbme that are
confirmed under the Great-Seal, but they make no fhew of them,
fo as clearly they are out of the exception of that Aft of Parlia-
ment of 28 //. 8. Then they objeft, that the Univerfity is of the
foundation of the King, and there the Bifhop hath no Metropoliti-
cal Vifitation. i £. 6. The Deanry of n^ells was difolved, upon
that a new Foundation, and £. 6. the Founder, and to him was the
Donation of the Deanry ; yet in that cafe it is exprefly adjudged,
that the Arch-Bifhop in his Metropolitical Vifitation may vifit the ^
Deanry : 1
Hiftorical Colletfiom.
53
Deanry : It is true, he may not vifit their Lands and local Statutes. 1 2 Caroli.
It was farther objefted, there was no Vifitation within thefe 200
years^ and therefore a Pnfcription for it. But as to that no Civili-
an will allow, that any Prefcription lieth againft a Metropolical
Vifitation. I have looked upon the Statute, and I do find no par-
ticular exemption from any Jurifdiftion that is Metropolitical.
They fay further, that the Vifitation made by Peckkim, was by
vertueof the Le^vr^/^/^e Power, and the other Vifitations zredejure
Mtt/'opolitico.
King. They f.ty that Peckham d'lci vifit as Legatus Natus.
Attorney, That is plain to be diftinguifhed by the Records.
Jrch-Bi(hop. In Cardinal Pools Cale, he doth vifit by Legantine
power ( if he will ufe the ftile of greater dignity than Arch-Bifhop)
Shall therefore that which he doth by the name of dignity lofe his
Power as Arch-Bifhop ?
Attorney-Generd. Divers Lord Treafiirers, fbme have been Bi-
fliops of Oxford, fome of Lincoln,, fliall they lole their Power as
Arch-Bifhops ? The Biflioprick di London hath not been vifited thefe
200 years till now. )
Dr. Duck. Levatm Na.tm hath only power to grant a Vifitati-
on ) but to Vifit, I do think they can never find that he ever had
Power but Metropolitically.
King. The Queflion is whether Legatus Natus can vifit as Legatee,
And not as Arch-B/fbop.
Recorder. I think he cannot ; but only by vertue of his Legan-
tine Power he might vifit.
Bifliop. Legatus Natm., and Legatits a Latere. The one Legate
can vifit, the other Legatecannot.
Recorder. We appeal to this Bifhop Arrundel as Legatus Natm.
Arch-BijJjop. I thank you for that Evidence, Cambridge did not
oppofe Arrundel^ but Oxford 616. it. What if he were banifhed the
Realm, he was banifhed for bringing in a Bull. In £. i, c^ £. 5
time it was common to fend forth Proclamations againft any that
brought Bulls from the Pope.
Recorder. When this Qoeftion was between Oxford and Arrundel.,
there was an Order in Chancery for fearch for Bulls : and declared
that this was againft the Crown, and like to be the deftruQion of
the Liniverfity.
Arth-Biflwp. What was done then in R. 2's. time, which they
fay was fo troublelbm a time. Yet H. 4. did declare the very
fame judgement his Predeceffor had done, and confirmed it by A£t
of Parliament, that it doth belong unto the See of Canterbury, as of
right to vifit the Univerfities, upon penalty of 1000/. upon every
time that he fliould dilbbey, and a forfeiture of all their Priviledges,
if they did difobey it. And I fhewed a Deed under the Great-Seal,
which the Councel for the Univerfity did confefs.
King. What can yoti fay againft this ?
Recorder. I fliall fubmitt the Caufe unto Your Majefties Judge-
ment, for that which hath been urged of King H. 4. It is true, and
thevdo declare that dt jure, he ought to vifit; it is true, it is fo
declared by Parliament, but this is only for Oxford and not for Cam-
bridge. Cambridge is not fo much as mentioned : My Anfwer is but
this, It doth appear in the very Record it felf, that the Univerfity
of|
0 6^
Hifiorical Colle&ions.
Aft. \6t,6.
>?V 8.
SrarChamber .
Sir Vkrct Crof
by toAnfwer
Interogaco-
ries.
of Oxford had got an exorbitant Bull from the Pope, to exclude all
manner of People that countenanced Hereticks.
King. jVo that cnnnot he.
Recordtr. The Record it felf f;iith it was gotten to countenance
Hereticks, and other Malefaftors ; they did oppofe the Archbifhop
mama fort/. The State taking offence at this , thereupon there
\\as a fubmifion to the Judgement of R. 2. And thereupon he
did declare, and H. 4 groundedhis Judgement upon that the Bi-
iliop of right fliould vilit, and H. 4. doth difanuU the Bull as being
againft Law.
Lord Privy-Seal. There comes a Grant of later Kings, and takes
notice of thele Privi ledges and Exemptions, and confirms and rati-
fies all luch Priviledges as they do claim by any Charter or colour
of any Bull,
Recorder. He doth confirm all Liberties or Grants. If my Lords
Grace may vifit the Univerfity, then he may vifit the Chancellor ;
and of late time they have been perfbns of great Honour attending
upon your Majefty, and fb may be called away from your Majefty
upon a Vifitationto attend there.
j}rch-Bt(ijop. He may appear by Subftitute.
HoUr.nd. If your Grace will vilit, you may do it by Commiflion ;
the King can grant it.
B'tfljGf. No, I defire to have my own Power.
And {o the Kin^ adjudged it for the Arch-Bifliop againft him^
felF ; and permitted the Kings Attorney-General to plead for the
Arch-Bilbop againft the King.
Some few paflages more in way of Dialogue there were, but
this is all taken in Chara£ters at that time ; but fee for the Order of
the King, and the Lords of the Council, upon this Hearing at large
iji the Appendix.
Warant was on the %th of jf///r 1636. directed to Mathew
Francis Efquire, one of His Majefties Serjeants at Arms, re-
nting, whereas Sir Pierce Crosby Knight and Baronet, ftanding
cii^rged with divers Crimes, by an Information at the fuit of His
Majefty's Attorney-General in the Court of Star-Chamher., for fcan-
dalizing the Lord Deputy of Irtlmd., doth withdraw himielf from
the ufual place of his abode, fo as the courfe of Juftice by His Ma-
jefties Writs and Proces cannot proceed againft him ; thefe are in
His Majefties Name to Will and Command you, to make your pre-
fent repair unto any place pri%>iledged or not frivdedged^ where
you fliall underftand of the faid Sir Pierce Crosby his Being or Refi-
dence, and by vertue hereof to apprehend liim, and to deliver him
over to the Cuftody of one of the Meffengers of His Majefties
Chamber, to remain with him in fafe Cuftody, untill he fliall have
anf\\'ered the faid Information and Interogatories againft him ; and
in cafe of neeTthefe are in His Majefties Name, to Will and Com-
mand all His Majefties Officers, whom it may concern, to be aiding
and aftifting unto you herein, that thereof they may not fail, as
they will anfwer the contrary at the Star-Chamber.
Likewife
H ifiorkal C oil el'i ions.
^^ f^ ^-t^
6y6
Ikewife a Warrant was on the 9//; of tliis moiitli o^^july direft-
ed to tlic Clerk of the Crow n or liis Deputy in His Majclf ies
Name, His Majefties efpecial fervice to prepare lever.-^l Commifli-
ons according to the form dehvered unto him, to inquire touching
Depopulations and converfions of Lands to Paflure fince the tenth
year ot Qiieen Eliz-abeth in the Counties of Oxford, Cambridge,
M^anv/d' and Nottingham, directed to Edward Savagt and Edmond
Wtnihaw^ twoof the Gentlemen of His Majefties Privy-Chaniber,
and to Qilhcrt Boono'i Lincolns-hm'^'io^wQ^ or any two of them.
Byvertueof which CommilTion, and the terror of the Fine im-
pofed in the Star-Chamber^ on Sir Antho-ay Ropvr for committing
Depopulations, there was brought into the Exchequer 50000 /. and
upwards The like Commiilions were granted into other
Counties,
12 Caroli.
For a Com-
iniirion abouc
De[<of:d4tion.
WHereas Complaints have been heretofore made, as well
unto His Majefty King James in his life-time, and unto
His now Majefty fince His accefs to the Crown, and alfb to His
Privy-Council, and the Jufticesof Aflizes in their Circuits, and
Jufticesof the Peace in fundry Counties at their Sedions, of the
great deceits frequently ufed among Weavers, Combers, Spinfters
and other workers and makers o^ Cloth and Yarn, by the daily falfi- !
fying their Yard, as well in the length of the Ree/Stajf, as in the '
number of Threads : I
^ For Remedy and Reformation whereof, and for fetling a conftant j
courfe for the faid Reel, and increafe of the Poors Wages ; It I
hath been thought fit, that the courfe of keeping the Staff-Reel \
may proceed and go on for the general good of the People ; and |
that the Spinfters fhall have for their Spinning and Reelino- a '
peny increafe,znd Labourers imployed about the Trade of Cloathing
and Yarn-making, fhall have the increafe of Wages. And for the
eftablifhing of the fame, the King hath by Letters Patents, bear-
ing date the zoth of January laft paft, ordained and appointed
there be a confiant Reel provided and kept by all and every Clo-
thier, Weaver, Comber, Spinfter, and other Workers and Makers
of Cloth and Yarn, either Woollen or Linnen, and the Reel-ftaff
to be one yard about the fingle Reel, and two yards about the
double Reel, every Knot containing fourfcore Threads.
T Tis Majefty the better to prevent the danger and increafe of
\~% the prefent InfeBion^ hath given feveral directions to the
Lord Major of London and Juftices of Peace, to prevent concourfe
of People ; yet finding the Plague is difjoerfed in and about
the City of London and Southwark , which if the Fairs of Bar-
tholomew and Our L^is^y in Sonthwark fliould be held, might in all
likelihood increafe the Sicknefs ; His Majefty therefore hath
thought good, to require all His Subjects to forbear to refbrt this
year to thofe Fairs. And doth enjoyn the Lords and others inte-
refted in the fame, that they do not hold the now next Bartholo-
me~iv Fair.
The
Letters Pat-
tents for the
fiirveying and
fetling a con»
ftjnt Reel.
Jm.
Ju^ 16.
The King pro-
hibits the
keeping of
Bartholomew-
Pair and cur
Lady Fair in
Southwurd,
Htfioricdl ColkcTions.
Aughfl 8.
167,6-
Aiiiiijl II.
T/;e Lords of the ^niy-Qmicil ivrit this cufiiin^ Letter to the
Lord Major and Jldenjicn of the City of London,
T T TEhifve received by fame of you the Alder intn a denial in the
V \ nivie of the City to Our Ute Letter, for the fetting forth of
Shippin<r for the prefent and necefary defence of the Kjngd.omy and the
excnfs which are made Jince, upon the like occafions ; Vl^e cannot im-
pute it truly to any thing but want of Duty. VVe do therefore in His
Mnjefties Name^ and by His cornmandfmnt, require you to fee the dire-
ctions of Our faid Letter perform'id upon, your allegiance, and as yon
mill anfver the contrary at your perils. And fo, he.
AFtenvards there was prelented to the Board a Petition from
the Major and Commonalty of London, by Mr. Recorder, Mr
William Corh.n , and divers Aldermen and Commoners , defi-
ring an abatement of the Twenty Ships rated upon the City,
unto Ten Ships and Two Pinnaces, alleadging want of ability,
notwithftanding the abfolute Declaration formerly given by the
Board,
That the Cafe at this time might no farther be replyed unto,
Mr. Secretary Qooke, by Order of the Board, made anRver to the
effeQ: following.
That the former Commandment given unto them, firft, was ne-
ceflary, becaufe the Board knoweth that the prefervation of the
State did require it. Secondly, that the Charge required for the
performance of the faid Commandment Mas not immoderate for
the whole City, which exceeded not the proportion^ of many of
their private Eftates. That to this Commandment Petitions and
Pleadings were not to be received, which tend to the danger and
prejudice of the Common-wealth. That as the Commandment
was given to all in general, and to every Particular of the City,
lb the State would require an account Both of the City in general,
and of everv particular of the performance of it ; for which pur-
pofe they had formerly received direftion. And that whereas they
mention Prefidents, they (hould know that the Prefidents of for-
mer times were obedience , and not direction. And that there
were alio Prefidents of the punifhment of thofe that diibbey'd His
Majefties Commandments fignified by the Board, in the cafe of
the prefervation of the State , which they hope there fltould
be nooccafionto let them more particularly underftand.
Ferdinando., Emperor of Germany^ took a Refblution to fettle the
Empire in Peace after lb bloody a Wariand called a Dyet to meet at
Ratisbone the midii of September, where the Emperors Son , al-
ready King of Bohemia, was propofed to be elefted King of the
Romiins.
At which time the Earl o^ Arundel , Earl Ma; foal of EnoU?:.d,
was lent Ambaflfador to this new Emperor, to whom he prefented
the conditions of the Prince-Eleftor-Palatine his great firfferings ;
and
Hijlorical Colle&ions. '
and the Ambaflador endeavoured to prevail witli tiie Emperor for
his Reftoration, which he hoped his now Imperial Majefty would
be difpofcd unto : but all the Anlwer he could obtain of the Empe-
ror was, that in time no doubt fbme confidcration might be had of
him for enjoying the lower Palatinate ; but for the other it much
concerned the Duke of Bavaria^ who was iii pofTeffion thereof:
and that Duke declared himfelf, that what he had got with lb
much hazard of his Perfbn, and expence of Treafure won by the
Sword, he would now maintain witn the fame Power, he being in
Poffellion, But the Ambaffador being highly diilatisfied with the
Emperors flight Anfw er, and indeed affront, retired for EfigLvid
without taking leave of the Emperor.
WHereas the Kings Majefty, out of His Princely care to the
Health and Safety of His Subjefts, and to prevent the
danger that might arife to them by their relbrt to London or iVtJl-
minjhr about the occafion of the Term, in times of Infeftion of
the Plague there ; did therefore, by His Proclamation dated the
6th of S.ptember laft, fiignifie His Plealure, That part of Michael-
m.tf-Ttrm next fliould be Adjourned, according to thofe Returns
' mentioned in that Proclamation, and then did think fit to Adjourn
' the fame, as in the Proclamation is exprelTed.
See this at large in the Appendix.
This Year His Majefty fending His Writs for Ship-money into the
Inland Counties , ( which were not fent unto by the firft Writ
( that Writ going only to Maritine Towns ; ) Li this manner was
the Diftribution made.
Viftiibutlon of Ships to the feVcral Shires 0/ England and
Wales, tptth their Tonnage ^ numher of Men^ and Charge^
together %vith the Sum fet on the Corporate Towns in each
County.
B
Erkfhire one Ship of
Timns.
-400 —
Men.
- i6o
Charae.
o
-4000 /.
Corporate
Towns.
Town of Wind/or, —
Town of Wokinghamy
Bu trough o'l Newbury y .
Burrough of ReddLvg, ■
Burrough oiJhington^
Burrough or Town of Wallingfordy-
100.
•050.
• 120.
260.
■ ICO.
020.
Buckinghamjhire one Ship of ■
Titnm.
~ 450 -
Corporate ? Burrough of Poijhe of Buckingham,
Torvns. J Burrough oi Chippingrvicko?nb,
Men.
-180
charge.
- 4500 /.
70.
50.
X X
Bedfordjh
mre
3^5
12 Car oil.
2.0clob. 16^6.
The King by
Proclamation
(nnher Ad--
jourr.eth Mi-
chiiiim.ts-
Termc.
Hijiorical ColleUions.
Bed/arJfJjire one Ship of ■
Town oi Bt'dfordy
Brijlol one Ship of -
Tu'fins. Merii Charfre.
- 500 1 20 3000 /.
, 140.
Ttmm. Men. Charge.
— 100 040 1 000 /.
CGrnwall one Ship of -
Ttmm. Men, Charge.
— 5.50 220 5500 /.
rBurroiigh of S.tltafh^-
BurroLigh of Porth/Ltm, aUas yVefilowey
Burrough of Eaftlo)v , ■
Bnrrough of Truroe, ■
Burrough of Pe;/r;'/'/, ::
Town of Penfame^ ■
Burrough of Padftowe,
Burrough of Lifcard,
Corporate J Burrough of Leaftwithall,
Towns.
Burrough of Ciillington, aUas Ksllington^
Burrough of Tregonney,
Burrough of Grmdport and Creedej
Burrough of Dunhevid, alias Launcejton, ■
Town of Helfton,
Burrough ofBofenna^
Burrough of Bodmjn,
Burrough of Sa/nt Mawes,
Burrough oiCamelford,
Cambridge^jire one Ship of
Burrough of Cambridge,
Tunns.
- ?50'
Men.
— 140
Tunns. Men.
Cumberland 8f Wejlmorland one Ship of - 1 40 056-
Corporate Towns ? Burrough of IQrkhy JQndally
in Wefimorland.^^unoM^ of Appleby, •
Cumberland. City oi Carlijle, ■
Chefljire one Ship of
City of Chejler^ ■
Devonffjire one Ship of -
40.
18.
— 30.
70.
— 48.
28.
70.
40.
20.
-: 20.
??•
29.
80.
40.
— ?6.
~8^
— 10.
— 10.
charge.
- 3 500 /.
100.
Charge.
- 1 400 /.
05.
•20.
Tunns. Men. Charge.
— 300- I20. . 1000 I.
• 260.
Tunns. Men. Charge.
— goo 360 9000 /.
Corporate
Hi jl or teal C oil eB torn.
Corporate
Towns.
rCity of Exeter,
Burrougli of Clifton Dartmouth^ alias Hardms,
Burrough of Totnes, '■ —
Burrough of Plimpton,
Burrough of Vhmouthy-
Town and PariHi of Tiverton^
'Town and Manor of Bedford,
Burrough and Parifli of Exmeflapk, —
Burrough and Town of lorington, —
Burrougli and Town of Oakthj,mton,
Burrough of Bradmintch, —
Burrough of South Molton,
Darhyfljire One Ship of -
Tunns,
-350-
Mcn,.
140-
Corporate ? Burrough of Darhy, —
Toivfts. 3 Burrough of Chsfterftild,
Dorf't(fjire one Ship of —
Tunns.
-500-
Men.
200 -
Corporate
Towns.
Town and County oi Poole,-
Burrough of Dorchejler,
Burrough of Wareham-
Town of Weymouthy ? '
and Melcombe-Regis. i
Burrough of Brideport cum membris,
Burrough of Corffe,
Burrough of Lyme- Regis ,
Burrough of Shaftesbury,
Burrough of Blandfordforum,
Tunns.
- 200 —
Durefme one Ship of —
City of Durefme and Framwel/gate,
Efex one Ship of
Men.
080-
Tunns. Men.
800 320
■Burrough of Thaxted,
Corporate | Town and Parifh of W^^/^e^.,
Towns. <Jowno{Colchefier,
Burrough of Maiden, -
"■Burrough of Harwike,-
Gloucefterfhire one Ship of
Tunns.
-550-
Men.
-220
Corporate S^^^^ o^Gloucefer and County thereof.
Towns S^^^^OUg'i of Tewksbury,
C Burrough of Chipping-Campden,
Xx 2
•3^0
-080
• 120,
■OJ5
-190
130
■040
150
-060
030,
•050,
•045
Charge.
- 3 500 /.
■175.
•050.
Charge.
- 5000/.
45
25
■40
■20
■40,
40
?5
25
Charrre.
- 200 L
— 150.
Charge.
- 8000 I.
040.
■080.
400.
080.
020.
Charge.
- 5500/,
500.
060.
•020.
Hampjh
337
12 Caroli.
fjire.
AtT. 16^6.
Hiftorical Collciiiou
s.
Hampfhrre one Ship of — ^
^Burrough of Portfnouth,
Town of SoKthampton, ~
Corporate , City of IVimlnft-er,
Toivm. Burroi'gh of Andover , —
Town o^ Romfy,
T unns.
— 600
Mr,7.
— 240
Town o^ Bafmgftokt
Charge.
- 6000/.
— c6o.
195-
190.
C50.
0^0.
c6o.
Ttmns.
-350-
Herefordjjyrre one Ship of
Corporate <( ity of Htrcford, ■
Towns. "^Burrough or Town of Leompfier,
Men.
-140-
Hertfordfljtre one Ship of •
^ VBurrough of Hertford..
Corporate %urrough of St. Mam, -
1 o:vm. I gurrough of Barkhampfied,
tunns,
— 4C'0 •
H.'iKtingtnnfljire one Ship of
Corporate jBurrough Q)'i H:int'ngton., —
To.vm. I BurrOLigh of Godmaachefier, ■
Ttmns.
- 400 -
Charge.
~ 3 500 /.
— 220.
C44.
Men. Charge.
-160 4000/.
• C55.
— 120.
02 5 .
Men.
.c8o-
Char^e.
- 2000 '.
50.
80.
Ttmnsi Men.
Kjnt and Cinque-Ports in Kjnt one Ship of-- 800 — 320 -
City of Canterbury., befides the Church,?
and '^embers thereof, >
Chxrve.
-- 8000 /.
Town and Port of Dover, and Members thereof,
Port and Town of Sandmch;)
and Members thereof, 5
Town and Port of Hythe,
Corporate <; Town and Port of A^e.i; /?o»?wj,and Members,
Tc
owns.
Ofvaljton and Tenderden,
Burrough of Queenhorotigh., —
Town and Parifh of Maidfione, ■
Cranhrooke ,
- 500.
.330.
250.
C40.
-180.
090.
CIO.
160.
200.
Town of Gr.«wy?«i together with Milton, 040.
""City of Rochefier., 080.
Charge.
- I coo /.
Lamajhlre one Sliip of •
Tunns. M^n.
- 4C0 160 -
Corporate
To-.vns.
■Burrough or Town of Prefion,
Town oi'Lancafler, ■
Town of Liverpoole,
S Town of W/gan,
I Town of Cletbromty ■
lTowh of Newton.,
-40.
-p.
-50.
10 J.
10 s.
lyiccftt
Hiflorical ColleBiom.
339
Leicefierjbire one Ship of
Burrough of Leicefter ,
Lincolnfljire one Ship of ■
Ttmns.
- 450 ■
Me».
-180-
~ 4500 /.
200.
T linns. M'^ff.
~ Soo — — 320 -
a
- 8000 /.
K/a/'^e.
rCity of Lincoln and Liberties, ^
I Burrough of Boflon , .
Lor for ate <;; Burrough of great Gr/»^/^y,
^"'^■^* ' Town or Burrough of Stamford,
\C)-^ I. G s. 8 cl
— 70.
15.
60.
^Town or Burrough of Grantham with the Soke, — 200.
London two Ships, each of -
Timns. Men.
- 700 280 -
Charge.
1 4000 /.
Middkjlx ono. Ship of
Tunns.
500
Men.
-200
Kiroe.
City of Wefiminfier and Liberties,
~ 5000 A
— 1180.
Monmouthshire one Ship of'
Corporate cBurrough of Monmouth^
Towns. ^Burrough of Newport ^ —
Tunns.
-150.
Men. Charge.
- 060 I 500 /.
40.
— ^23 /. 9 J-. 9af.
Northamptonshire one Ship of
Tunns.
— 600-
rTown of Northampton,
Men.
Charge.
- 6000 /.
Corporate I B^^'^rough and Pariih of Higham-Ferres,
Towns. i^ityoi Peter borowy
Burrough of Daventry,
Burrough of Brackky^ —
• 200.
■036.
■ 120.
■050.
• 050.
Lunns.
Nottinghamfjire one Ship of ^ — • ^50 -
Corp I /^ ^Town of Nottinghatn,
llvns ^ V ^'^^^ °^ Newark upon Trent, —
CTown of Eafi Retford,
Northnmherlandjlnre one Ship of ^
Men.
- 140 -
Charge.
- 1 500 /.
200.
120.
030.
Tunns.
- 210 -
Corporate SP""'" ^\ ^'^^^cafik upon Lym, —
Tovns )JDUrrough of Barwick upon Tweed,
LlQ^Nno'i Morpeth,
Men.
-C84
Charge.
-2100 L
700.
020.
020.
Norfolk one Ship of
1 urns.
~ 7S0 ^
\. or par at i'
To ?v/.f
rCity of Nor-.vich,
I Burrough O^ l\/ngs-Lynne,
< Burrough of Great Tarmouth,
j Burrough of 'Ihjtford,
'■ Burrough of Caftkrifing ,
Men.
-316
charge.
- 7800 /.
500.
- Jco.
220.
o]o.
oro.
12 Car oil.
34
o
An. 16^6.
Hijlorical ColkBiom.
OxfordjJjire one Ship of
iiinns.
-350-
Men.
- 140
Charge.
- J 500 /.
fCity of Oxofij
\ Town of Burfordj
Corporate ^ gu^rough or Town of Chipingnortofi,
^'I'^-f • I Town of Henly upon Tha?nes,
uBurrough of Woodflocke , ■
100.
040.
0^0.
060.
020.
RutLiftdfljire one Ship of -
Somerfetfljire one Ship of -
Ttmns.
— 080
Timm.
-800
Men.
- 052
Men.
- 320
Charge.
- 0800 /.
Charge.
- 8000 /.
rBurrough of Bridgwater ,
Burrough of Minhead , —
City of Bath,
Corporate
Towns.
City or Burrough of Wells,
i Burrough of Axhridge,
I Burrough of Taunton ,
I Burrough oilvelchejler.
1 Burrough of Langport Efiover, ■
[Town of Teovill,
-70.
-60.
-70.
-60.
-50.
loo.
-10.
- 20.
-30.
^n-y one Ship of
Tunns.
-350
Mm.
-140
Charge.
- 5500/.
Corporate
Towns.
Town of Guilford, — ■
^Burrough of Southwarke,
'Town of Kjngfion on T homes ,
05^
088.
vS/^/e;c one Ship of -
Tunns.
— 500
Men.
- 200
Charge.
- 5000 /.
(Town 8fPort of //^//V^^^jWiththeMembers thereof,-2 50.
Corporate ^City of Chichefler, i 50.
Towns. 'SBurrough of Arundel, 020.
^ Burrough of Shoreham, • o i o.
Suffolk one Ship of-
Tunns.
-800-
Men.
- 520-
Charge.
-~ 8000 l.
"Town of Ipfwich , —
Burrough of Orford,
Corporate ^^rwugh of Morough,
T^,i^r i Town or Dunwtch,
Town of Southwold,
Town of Hadleigh,
T
owns.
Town and Burrough ofEje,
■ 240.
-008.
■ 004.
oc8.
120.
■ 030.
Stafordjh,
'ire
Hijhrical ColleBions,
Stjffo/dfJyire one Ship of
Tunns.
— 300 -
Mtn. Charge.
- 120 3000 /.
'».
/ City of Litchfdli ,
Corporate NBurrough of Stafford, —
To.vns. '>Burrough of Narcaftlt under Lyne, ■
(^Bun-OLighof Walfally
150.
030.
■024^
032.
ShropfJj-re one Ship of
'Tunns.
- 450 ■
Men.
- 180
Charge.
_ 4500 /.
rTown of Shrewsbury, -
Town of Bridgenorthl
I alias Bruges J 5
Corporate ' Burrough o^ Ludloive.
I o.vns.
456 /. 10 J-.
— 51/ 10 s.
Burrough of Bilhopjcafile ,
Burrough of Of,ve(lry.,
I Town, Burrough, and? _
[^ Liberty oiWenlock.^ i
TVarivid/b/re one Ship of
Tunns.
-400 -
- 160 .
rCity and County of Coventry-)
I Burrough of Warwick ,
Corporate ^ y^^^.j^ qj. Burrough of Brimingham,
Town of S/itton-Cokfeild^
ToiVns.
burrough oi Stratford on Avon,-
Worceficrpjire One Ship of-
rCity of JVorceJler,
Tunns.
-350-
-140
, Burrough of EvtfJjam , ■
Corporate ^ Burrough of Car^/^,
1 owns. j g^jj-rough of Drortwich^
Town or Burrough of KJdderminfier^
Wiltfljire one Ship of -
Tunns.
-700 —
Men.
-280-
"City of A^erv Sarum^ -
I Burrough and Town?
Corporate o? Marltborough., i
J owns. Burrough of Devtfes , "
Burrough of Chippenham,
Burrough of Wilton, —
Torkjhire Two Ships
Tunns.
- 600-
Men.
240-
I02.
15/. 10^.
051.
302.
charge.
-4000 /.
266.
■ 100.
100.
c8o.
•050.
charge.
- 3 500 /.
2^-
074.
062.
C62.
027.
charge.
- 7C00 /.
341
240.
100.
050.
030.
-C05.
12 Caroli.
Charge.
- 1 2000 /.
Corporate
342
^». i6^6-
H/ftorical ColleBiom.
"City of Tork with the Afffty,
Burrough oi Ripon,
Burrough of Domafiery
Burrough or Town of Pontefracf,
Corporate Burrough of Richmond^
Toivfis. I Burrough of Ltedes,
I Town of Htndor/j
Town of Bcvtrlyy-
Town of Scarborough J ■
[Town of KJngfion upon Hull,
Timns.
AWth-Waies one Ship of 400-
Mefi.
■ 160-
County of Denbeigh ,
Corporate \ Burrough of Denbeigh,
Tu^vm. \ Town of Ruchyn,
Town of Holty
County of Vl'int^
Town of f //>/,
County of Camarvan
Town and Burrough of Carmrvat?^ -
County of Angkfey ,
Burrough of Beaumarris,
County of Montgomery ^
Burrough of Montgomery,
County of Merioneth, '■
South-Wales one Ship of
Ttmns.
— 500
Men.
-200
520.
040.
ICO.
— c6o.
— 050.
— 200.
C20.
— o§7.
— 030.
— 140.
charge.
— 4000 /.
1 1 1768.
32.
194-
10.
i;{848
— 16
44728
— 10
448
-14
8336
— 12
416.
Charge.
- 5C00/.
County of Glamorgany
To\\'n of Cardiffe^ —
City of St. Davidsy ■
1449
— 60
— n
County of Carmarthen ,
Burrough of Carmarthen,
Burrough of KJdwell, ■ —
760
-50
-44
County of Pembrokey
Burrough of Pembroke, —
Town of Haverfoydsvefi, •
71318
10
— 65
County of Radnor,
Burrough and Liberty of New-Radnor,
Town of Refiinge,
— 29010
c6
— 28
County
Hifiorical ColleBions.
54^
County of Brecknock ,
Burrough of Brecknock,
9n-
- 54-
County of Cardigan,
Town of Cardigan,
— 654.
10.
The Reader is defired to pardon any miftake of the Sums of the
Welch Counties ; for the Copy given to the Printer was ib obfcure-
ly writ, that perhaps fbme miftake is therein committed.
' 'nr^He heavy Judgment of God in his prefent Vifttation in the
' I Cities of London and Wefiminfter^ and divers other parts
* of the Kingdom at this time with the Peftilence, ought to move
' Us to acknowledge the immediate Hand of God therein, for the
* fins of this Land, thereby to afflift and correQ: his People.
' And His Majefty having taken into His ReUgious Care, that in
* common Calamities the fpecial means to remove evil is by ferious
< humiliation to implore the Grace and Favour of that Supreme
' offended Majefty who can only heal it, hath thought fit to com-
' mand a general and publick Fafl be held through the whole Realm,
* in fuch manner as in His Proclamation is dire£ted.
Which lee more at large in the Appendix..
Inftrudions from His Sacred Majejly to the Jrch-hip?ops and
!Bip)Ops of Scotland.
:T'
Charles Rex^
Hat you advert, that the Proclamation for authorizing
the Service-Book, derogate nothing from Our Royal Pre-
' rogative.
* That in the K^alendar you keep fuch Catholick Saints as are in the
* Engl/fj ; that you pefter it not with too many, but luch as you
* inftrt of the peculiar Saints of that Onr JQngdomy that they be of
* the moft approved ; and here to have regard to thofe of the
' Blood-Royal, and fuch Holy Bifhops in every See moft renowned ;
* but in no cafe omit St. Geor^i^e and Patrick.
'■ That in your Book of Orders, in giving Orders to Presbyters,
' you keep the words of tiie Englifh Book without change, Receive
' the Holy-Qhofi, &e.
' That you infert amongft the LefTons ordinarily to be read in
^ the Service, out of the Book of JVjfdome the i, 2, j, 4, 5, and 6.
* Chapters, and out of the Book of EcckfiafiicM the i, 2, 5, 8, J5,
* and 49. Chapters.
' That every Bifhop within his own Family twice a day caufe
* the Service to be done ; and that all Arch-bifhops and Bifhops
' make all Univerfities and Colledges within their DiocefTes to ule
' daily twice a-day the Service.
Y V that
12 Caroli,
Nou.
1 8. OHob.
16^6. The
King com-
mands a ge-
neral Fall to
be weekly ob-
ferved
throughout
the Realm of
England by
rcafon of the
Pcftilence.
r
344
Hiftorkal ColleEliom.
An. 16^6.
Sir WiUiam
RuffelTicaivi-:
rer of the
Kivy his Ac-
count for the
Year 1626.
The total Sum
of Ship-mo-
ney for the
Year 16^6.
' That the Prcfact to the Book of Common-Prayer Signed by Our
Hand, and tlie Frotlntmittwn authorizing the lame, be Printed and
Infertcd inr the Book of Gommon-Prayer.
Given at New-Market the iZth day of O^obtr 16^6.
and of Our Reign the i ifh.
Prefent,
Tk KJffgs Mo ft Excellent Majefty.
Lord Arch-bifhop o^ Canterbury, Earl of Dorfet,
t-ord K^efer^
Lord Ttedfuferf
Lotd Prkfy-Sealj
Lord Dttke Lemx,
Lord MarquelS Hdmllton^
Lord Great Chamb.
Lord Admiral,
Lord Chamherliny
Earl of Salisbury y
Earl of herksy
Lord Goringy
Mr. Treajurery
Mr. Comftrolery
Mr. Secretary Pfindebanck,
Lord Chief- Juftice of the Cow?-
mon-Pkoi.
>~T^His day was prefented to their Lordfhips the feveral Accounts
J following, the lame having been by directions from their
Lordfhips Examined and Audited by Qeorgs Singly Elq; one of His
Majefties Auditors of the Imprefts.
Firft, the Account of Sir William R/([fel Knight and Baronet,
Trealurer of His Majefties Navy, as well of what Monies he hath
received upon His Majefties Writs ilTued forth Anno 1636. asalfo
what he hath iffued and expended, in letting forth to Sea in War-
like manner fundry of His Majefties Ships imployed to Sea the
Summer following, the Year being the 1657. ^^^ ^^^ fafeguard of
the Seas , and defined of this Kingdom ; the Abftrad whereof fol-
loweth.
The Charge.
Arrearages depending Uport the laft Ac-^
count to be anfWered by fundry She-)'o556o /. 04 j. 07 d.
riffs. . _ )
Mony charged upon leveral Sheriffs this>
year 1637. and to have been by thetii> 196400/. 00/. 00^,
received and paid. >
Monies abated oUt of leveral Bills paid top
feveralPerl6ns,ahdherecharged,thefuIl>oo265 /. 10 j-. 00 ^^
Bills being allowed by this Accountant. S
Received of Sir John Heydon Kt. Lieute- 1
nant of His Majefties Ordnance, col-C w - q j
leaed by hirtl out of the Trinity Mi-C°°°^4 /• 07 s, 08 d.
norites. ^
^iF^ 202240/. 02 J. o^ d.
n
'7£
TWTrTwm
fe«MUtM«HiaM
HMBMW^nM^riHH
Hi ft or teal CoUeBiom.
945
The Difchar^e,
The Surplufage of the laft Account due to? ^ ,
this Accountant. 5-10107/.
Preft Conduft, and Prefting Charges oD
Souldiefs, Mariners, Seafaring-rnen, andr00022 /.
others for His Majefties Service. 3
Emptions and Provifions of Planks, Tim-K ,
her, and other Materials. i 4 79 •
Carriage by Land and Water of the faid?Qjgg . ^
Provifions, and other Materials. i
Litherage and Boat- hire for Officers ,looo?g /.
Workmen, and others. J
Wages and entertainment of Ship-wrights,? j gg . - /^
Calkers, Labourers, and Sea-men. i
Purveyance of flindry Provifions, as Tim-?
ber, Planks, Tree-Mails, and other Ma-r°^952 /.
tciials. . J
Pilotage of fundry of His Majefties Ships,7
and others, imployed in His Majefties('00277 /.
Service. 3
Sea-Viftuals of Men lerving in the Ri-^
chard and Mary of London^ a Merchants>00954 /.
Sliip, imployed in His Majefties Service.)
Freight of Ships belonging to Merchants,? ^ 1200/
and others imployed as before. 5 '
Travelling-Charges of fundry Perfons im-}
ployed in His Majefties Service, concer-(>°^°73 *•
ning His Ships fent to Sea. j
Hire of a Store-houfe near St. Saviour s-1
Dock, for fitting and Rigging the Pro-y^^^A"^ ^*
vide/ice there. j
Task-work performed by divers and fim-l
dry Perfons, Artificers, Work-men, La->c6299 /.
bourers, and others. j
Rewards to fiindry Perfons imployed in7
His Majefties Service, concerning ther007°^ '•
Ships fent to Sea. }
Sea-\vages of the L. GeneraIAdmiral,Vice- ,
Admiral, CaptainSjMafters of Ships,Lieu-(
tenant-s, Souldiers, Sea-men, and others.
Intereft-Money paid for Monies adva need-
by Sir Paul Pindxr, and others, for Six ^
Months Payment of Sea-men,difcharged >oioio /.
by Warrants of the Lords of the Privy- j
Council, Lord Treafurer,Lord Cottington.:^
Monies Impreft upon Account, ziiz. of Sir
John Htydon]Ln\.^ty Lieutenant of the
Ordnance 20 w. 9 j. i i d. to John Crane \
Efq; Surveyor of the Marine Vi3:uals/'565ii /.
7^0 m. \<,l. 1 1 J. 6. d. and to fundry o- j
ther Perfons for the Service of the Ships j
580/. 16 /. 2 ^. in all. J
Yy 2
12 Caroli'
'20008 /.
06 s. 10 d. q/t^
14 J-. 04^.
16 s. 00 d.
04 s. 00 d.
rg s. 09 d.
08 J-. 09 d.
2 s. 10 d. oh.qu,
02 s. 00 d,
1^ s. 00 d,
10 s. 09 d.
02 s. 02 d,
00 S. 00 d.
06 s. 10 d.
07 s. oh,
06 s, 04 d,
00 S, 00 d.
to s. 07 d.
Allow-
946
Hifiorical C o lie & ions.
Jfi. 1636. Allowance of i d. in the Pound for all the^
laid Payments, except the Monies paidC
to the faid Lieutenant of the Ordnance/^' ^^^
Surveyor of the Marine Viftuals.
^
c6 d.
Arearsges to
be anfwered
by fuiidry
Sheriffs.
l<^6i66 I 6 s. '^d.oh.qu.
And fb there remains due toHis Maiefty? . , , ,
the Sum of '^06075/. I'ys.ogd.ok.
1 In the Year ended the laft Dtcew^tT 1635. 01023/. 11 s. o^ d.
■ In the Year ending the laft Dccembtr 1636. 04536 /. 12 j-. 04 ^.
I In' the Year ended the laft Diremkr 1637. 06907 /. c6 s. 04 d.
12467 /. 10 s. II d.
And then there is a Ilirplulage due to this?
Accountant.
r 06293 /. 1 5 J. I ^. oL qit.
Next the Account of Jo/j» Cram Elq; Surveyor-general of the
\^i8:uals for the Marine Caufes, for viftualling of His Majefties
Ships imployed in the Year 1637. as aforelaid for the fafeguard of
the Seas, and defence of the Realm ; an Abftrad whereof is as
foUoweth.
"The Charge.
Monies relpeftuated in the foot of the laft"
Account for Cask and Bisket-Baggs ,
which iiindry Purlers and Cooks ought . ,
to have returned for His Majefties ^°° 5 4 j ^- ^1 '- 04^.
Service, but converted them for their
own private benefit.
Monies depending upon divers Purlers for
remains of Viftuals , at the return of (
His Majefties Ships from Sea in the^
Year 1636.
Remains of Victuals the Year 1637. 009 30 /.
And received of S'n William Rujfe/ Knight^
and Baronet, Treallirer of His Majefties > 3 090 5 /.
Navy, S
12 s.
us.
c6d.
c6 d.
Sum-total of the Charge
The Difchane.
32895 /. 15 ^. <) d.
The Surplufage of the laft Account due? . , o .
to this Accountant. ;°^4i 2 /• 03 .. c8 d.
Harbrough Victualling of feveral Men ferO
ving in divers of His Majefties Ships?03H5/. 15/.
this Year 1637, j
00 d.
Victualling
Hiftorkal CoUe&iom,
347
Viftualling of four of His Majefties Ships ^
defigned for Salh y , with increafc ofC , r,
price ofBeer, and Port-Beer, and Bisket('49o7 ^- oh s. oo d.
for the Admiral. ^
Other extraordinary allowances for Cask, ^^^ , , ,
Bisket-Bags, cf.: V^^^-ojs. o. d.ob.
Sum total of the difcharge, ^4007 /. 05 s. 06 d. ob.
And fo the Accountant is in furpluiage 1 1 1 1 /. 09 /. 09 d. ob.
Unto which is further added for monies"
depending on divers Purfers and Cooks
of iundry of His Majefties Ships for
remains of Victuals, Cask, Bisket and > 2300 /. 09 j. lod.
Baggs which they ought to have re-
turned for His Majefties fervice , but
converted them to their private benefit.j
And then he is in furplufage 2224 /. 19 /. 07 <;/. (;/■.
Their Lordfliips having confidered and approved of the faid Ac-
counts, did this day Sign the fame, and Order that one of each of
the (aid Officers Accounts being figned by their Lordfliips, Ihould
be forthwith fent into the Pipe-Office, one other of each fhould
remain with His Majefties faid Auditor, and a third be delivered to
each of the faid Accountants refpeftively. And that an AbftraQ:
or Brief-ftate of each Account Ihould be entred in the Coun-
cil-Book. And as concerning the furpluiage due to each of the
laid Accountants (as by their faid feveral Accounts appearerh)
It was Ordered that the lame fliould be allowed by the Auditor
upon their next Accounts refpeftively, for the Te^n^^S. where-
of as well the Auditor as each of the faid Officers Accountants
were to take notice and to fee the fame duly performed accordingly.
The faid feveral Accounts were this lafl of Mtv i6j.o. Sitined
by - ' .
Lord Arch-Bifhop of Qmttrbiiry. Earl of Salisbury .
Lord K^etper. Lord Kjeper.
Lord Trfsfirer. Mr. Comptrokr.
Lord Pr/vy-Sea/. Mr. Secretary W}»dt:baKck.
Lord Chamberlain^ Lord Chief Juftige Littleton.
Earl of Dorfet.
A Warrant to Sir William RufTell I^ni^ht and 'Baronet, and
Henry Vane Efquire, Treafurcrs of Hts ,yl4ajcjlies Nayy.
T TT 7 Hereas by Our Letters of Inftru£lions of the firft of Dccer/j-
V^ ^erlaft, fent with His MajelHes Writs to the Sheriffs of
the feveral Counties in the Kingdom, it is exprefled, that there
fhould be an allowance of fix-pence in the pound given to every
^Sheriff,
1 2 Caroli
Mj) :i!t.i6.\z
An. \6\6.
Hiftorical ColleBions.
ITranfporting
of Fullers-
Earth.
Sheriff, when the full fiim charged on his County fliould be paid
in to you the Treafiirers of His Majefties Navy : Thefe fhall be
therefore to Will and Require you to make fuch an allowance of
fix-pence in the pound to all High-Sheriffs of Counties, as to Ma-
jors or Chief Ofhcers of Corporations within the fame, that either
have already paid, or fliall hereafter pay in the full fum, charged
upon every of them refpe£tively for the faid fervice, taking leve-
ral receipts for the ftme, under the hands of the faid Sheriffs and
head OfRcers,or fuch as they fhall imploy,for which you are to have
allowance in your Account ; for which this fhall be a fufHcient
Difcharge and Warrant, as \^'ell to you as to the Principal OiRcers
and Commiffioners of {lie Navy, for parting thofe receipts in your
Accounts, and to His Majefbies Auditor to allow thereof. Datjdtmo
Mail 1640.
In Camera Stellat coram Concilio th'tdem Viceliimo quinto die Ja~
nuarij Anno Vechno Caroli ^^is.
THis day was brought unto this Bar , Johft Ray of London
Merchant, againftwhom Sir Johff Bank sKm^M^ His Maje-
fties Attorney-General did inform Ore tenm on his Highnefs behalf,
that the faid Ray had committed feveral great offences worthy the
Cenflireof thisCourt, which would appear by feveral examinati-
ons taken of him, whereunto his Name was fubfcribed, which
His Majeftie's faid Attorney prayed might be fliewed unto him the
faid Ray., and read in the Court ; and that thereupon the Court
would impofe fuch a Cenfure on him for his faid Offences, as
their Lordfhips in their great wifdoms fhould hold fit. Whereup-
on the faid Delinquents, feveral examinations were fliewed, being
by him acknowledged, they were openly read in the Court,and were
as foUoweth : The Examinant having fhewed unto him a Letter to
my loving Friend Mr. Henry Baldroe Merchant at Mr. James Deckwers
houfe in Rotterdam., beginning thus ; Quinborow the ^th 1630.
Mr. Baldroe according to your Letters, SfC and ending thus, andfol
reft your loving Friend., and fubfcribed John Ray. He faith that it
is his hand-writing ; being demanded what the Commoditie M^as
whereof in the Letter is mentioned ; he faith the Commodities
were Fullers-Earth, for he faith that near about that time, he fent
from Rochefter into Holland threefcore and fixteen loads of Fullers-
Earth to Henry Baldroe a N'orfoli'-vmn, that refides at Rotterdam.
He fayeth alfo that the Fullers-Earth was bought by a man of
Leyden in Holland who paid the Examinant for the Fullers-Earth
after the rate for four Gilders ; he faith that he bought the Ful-
lers-Earth of one Richard Rods of Maidfiane at the rate of fix Shil-
lings the load, befides twelve-pence to Litherman.
This Fullers-Earth was loaden in the Ship called the Hope for
Grace., whereof John Coldee M^as Mafler from Rochefter. Being de-
manded whether thofe Goods were entred in the Cuflom-Houfe, he
faith that they were entred for the Port of Lyn», as he remem-
breth, and a Port-coquet was made accordingly. Being demand-
ed who were bound for the difcharge at Lym^ and for bringing a
Certificate,
Hijlorical Colle&m/s.
^49
Certificate ; faith that himfelf and the Mafter were bound, but
what Certificate was procured he knows not, nor from whence.
And there was one Cuftom paid for the Fullers-Earth, but altured
he is, that it was landed in Holland. He faith that he fhipped-this
Earth within feven or eight days, before tiie birth of Prince Ch-trles,
His Majeftie's Son ; and he remembreth it better, for tliat while he
was at Rocbefier, BoncHres in token of )oy of his Birth were made ;
and it was fhortly after His Majefties Proclamation, inhibiting
tranf[3orcation of Wooll and Fullers-Earth. But he faith he cannot
tell whether he had notice of the Proclamation or not ? But he
well knew that he intended to take benefit of His Majeflies graci-
ous Pardon granted forth about that time. He alfb faith that fince
that time he hath not fhipped any Fullers-Earth, but about fix
years paft he fhipped over fome other Fullers-Earth, all which
matters being contained in his firll examination, he confeffeth in
his further examination taken by His Majefties now Attorney-
General as true ; and alio faith , that Robert Cofns oiHarfeh-
down about a year fince tranfjx)rced four or five Barques load-
ing of Fullers-Earth to HkettUm in Holland, and there fold it ; and
that a Plumber in Tower-fireet, and a Plumber in Roche fler^ whofe
names he knows not, were fecret at the Cuftom-Houfe, that the
faid Fullers-Earth fhould not be tranfported. Upon grave and deli-
berate confideration whereof, the Delinquent being now at the Bar,
who was demanded by their Lordfhips what Anfwer he could make
thereunto for his defence or extenuation of his Offences ; the
whole Court was of opinion, and did declare, that the faid De-
linquent John Ray had committed (as appears by his own exami-
nation ) two feveral offences both of great confeq^uence and of a
high nature, in tranfporting of Fullers-Earth out of this Ivingdom,
contrary to His Majefties Proclamation, whereby he did wliat in him
lay to rob the Kingdom of the Trade and Manufafture of making
Cloth, which is the fupport and livelihood of a very great num-
ber of the Poor fort of People of this Realm, and deceiving His Ma-
jefty of the Cuftoms by colour of a Port-Coquot, which he gain-
ed to colour his deceit, and to carry away the faid Fullers-Earth
with fecurity ; both which Offences as they are of a high nature,
fb in their Lordfhips Opinions they deferved a very fliarp, fevere
and exemplary puniiliment : and therefore the whole Court, and
all the Honourable Prefence there fitting, have with an unanimous
confent, thought fit, ordered, adjudged and decreed that the faid
John Ray, fliail for his Offences aforefaid, ffand and be commit-
ted to the Prifbn of the Fleet, there to remain during His Maje-
fties pleafiire ; and that if His Majefty fiiall at any time hereafter
be gracioully pleafed to enlarge the f;iid Defendant , it is then
Ordered and Decreed, that before fuch his enlargement, he fliall
become bound with good Sureties for his good behaviour hereafter :
and it is withal Ordered and Decreed, that the faid John Ray fliall
pay a Fine of 2000 /, to His Majefty's ufc, and fhall alfb be fet in
t\\Q I^illory, with a l^aper on his Head, declaring the nature of his
Offences, to the end others may by his Example be deterred from
darins: to commit the like Offences hereafter.
In
13 Laroli.
The Sentence
of the Court.
550
Hiftorical ColleBions.
An. 1635.
Vth. 7.
Hill. Term.
Defendants
ftntenced in
Star- Chamber
for Tran-
fporting of
Gold.
i^zy.
In Camera Sellat* coram Conc'dio ihuleyn T)cdmo Scptimo Me Fe^
bruarti, AnnoVom'm'i Caroli '^^is 12.
THis day came to be heard the Matter of Complaint exfiibited
into this Court by Sir John Bankes Knight, His Mafefties At-
torney-General, Plaintiff againfl://e»ry Fluter, Hefiry Swcetif?^., Pe-
ter Hern, 'John Terry ^ Arnold Brames ^ Ifaack Gold, Randal Cren\
Francis Broaden, Luke Lee, Timothy Eman, John Perryn and Edward
Vaghan^ for tranfporting of Gold and Silver out of this Kingdom in-
to Foreign parts, and for culling out the weightieft Mony, and for
melting down His Majefties Coyn into Bullion, and giving above
the prices of His Majefties Mint for Gold and Silver ( as by the
faid Information more at large, it doth and may appear. ) In the |
Opening and Prolecution of M'hich Caufe, His Majefties faid Attor- 1
ncy informed the Court, that in purfuance of their Lordfhips Order \
at Council-Board, he did before IflTue joyned in this Caufe, enter a
Rule, that he would not at this time proceed in the Examination
of any WitnefTes, touching the buying of Gold and Silver above
the price appointed to be given at His Majefties Mint, but refer¥«
that part of the Caufe to be Examined, Heard and Confidered of
hereafter , if their Lordfliips fhould think fit. Thereunto their
Lordfhips again contented, holding it moft meet fb to be done.
And upon full and deliberate hearing of the other matters complained
of againft all the before-named Defendants, except Francis Bro^den^
whom His Majefties faid Attorney did not now proceed againft by
direftion of this Court, in refpeft he was gone beyond the Seas be-
fore his Caufe was fet down to be heard, and was not yet returned,
as was verified by Oath. It appeared that notwithftanding His
Majefty out of His Princelv Care for the good of His Subjefts, fore-
feeing the dangerous confequences, which would enfiie the tran-
fportation of Gold and Silver out of this Kingdom, did by His Pro-
clamation and Articles Victffnno (jninto Mai] tertio Caroli, Prohibit
and Command, that no Perfon fhould then after without His Ma-
jefties Licenfe, Tranfport, Carry and Convey out of this Realm any
Gold or Silver, either in Coin, Plate, VefTels, Jewels, Gold-Smiths-
work, Bullion or other Mafs, or otherwife whatfbever. And that
no Perfon fliould Aid, AfTift, Counfcl, or any \A'ays Partake, or
Confent with any other Perfon, purpofing or attempting to Tran-
fport, Carry or Convey out of this Realm any Gold or Silver, in
any Species or Kind as aforefaid, either by gathering or getting to-
gether fuch Gold or Silver, or by packing up the fame fit forTran-
fJDortation, or Conveying the fame to or towards any Port, Haven,
or other place of Exportation, or by any other way or colour. And
that no Gold-Smith, Finer, or Parter, or other Perfon whatfbever,
of what Miftery, Trade, or quality fbever, fhould melt, or caufe to
be molten any Gold or Silver Coins, which were then, or hereafter
fhould be the Currant Monies of any His Majefties Realms or Do-
minions , either to make Plate, VelTcl, or for any other Manu-
fafture or Ufe, or fliould cull or fort from the reft any the weigh-
tier Monies, to the intent to convey the fame out of this Realm, or
to
tiiftorical Co'deBions.
351
to otherwife alter it from Coin, the fame being alfo contrary to di-
vers Laws and other Proclamations ; yet the faid Defendant Henry
Sn-'etU/i^, between the mouth of Apnl 162^. and the month of
y.ifie unAcumo Cardl/^ did lend the fum of fifteen hundred pounds
to Dover by a Fooi-Poft, and willed him to fend the fame over to
Calluj to one Ijohfi L^vtiff^ a Merchant there ; which he did accord-
ing to the faid Smrrm his direftions. And the laid Defeiidant Pc-
nr Her^.'j within the fpace of two or three years kit pafb, (ent by
the faid Foot-l^ft to Do t'(?- about 5000/. to one NAthr/tid Vrmgail^
who as himfclf confelTed, fent the fame over to tailis in Yrxnu- ;
and the faid H r^, ( as liimfelf aifo confciled to one of the Wit-
neffes (whofe Teflimony was now read at another time) fent
500 /. to Ca/Ui to one //I'wr LAm-.-m. And the faid Defendant Joh.'/
Terry fent up one Rxm^er a Foot-Poft 200 /. to one 'yohn IVa/hpp of
Diivo'y who at that time fliewedthe faid llahi'^er a Letter from the
faid 'Itvry, to him the laid /f'.afc;>j&, to fend the faid two hundred
pounds to one Piter Faoi'^t Laliis, which tlie faid IVa//opp did, and
accordingly as he afterwards told the faid Ramo^cr and the faid Terry
about three or tour years fince, lent one hundred and fifteen pound
mote to the faid iV.iIhpp to Dover ^ \\]\o fent the fame to CilUs to
the laid Pvtfr Pool, as he \mA direded. And the faid Arnold.
Bi'dMis (as J^imfelf confelfeth) hatln within feven years laft pafl:
fent divei-s quantities of Foreign Coin and Bullion into Frsince,
Fhfdtrs, aiul othier Foreign Parts to coyn in Baggs, a<nd the Bullioji
\vhidi GAnv^ from ^i>s^ It iikewife plainly ap{:)eared to this FJo-
cojiftant courfe
Ej!<u-us
was
i 2 Car alii
jwarable Court, the Defejidant Jim-ah
ffom the ytwrQ'i oiirLord God 1621, until the i^E-^rof i^p,
to receive Mieiicliants ntony, and then to imploy his Servimts to
Cult sindSort <^it by the Badaace, die heavieft Shiilings and Six-
pences^, ai«i after waiid ibi'd them by the Ounce, mid thereby made
three |i>G?u«d in the kiMidfcd prcrfit, it being utiai to find 14, 15,
i6'7. or mo^'t: heavy in lOo-/. ajodinti^e year 1625, 1629, 1650,!
1651, the faid Defendant camied feis Servants to oa!i 500000^ a- 3
year, M-hich did produce 7, or 8000 /. yearly heavy mony, v^^hich I
in part he melted down into Ingots, and fb fold them, and the i
greatcft p.i'-t he fold unmeltcd to the value of 20000/. and the]
liud Defendant "<S'as alfo fur nifljed by di*.'ers feva-al per fans with 1
heavy cull'd Englifli-mony, to wliom he gave fometimes two Shif 1
lings and fbmetimes three Shillings in a Iiundred pouiKl to have |
the Culling thereof ; and the faid Defendant Efn.y-i, from the year \
1-621, or 1622, totke rear vG^h^ did melt down 5000/. and from;
it52.6 to the ye^r 16^1 he did meit down 15000/. and had profit!
out of the laid mom/ fb meked down amounting to above 1000/.
and the Defendant Hemy Futter, did buy and gather together
light Gold, and didfurnifli one Violet with 1000/. of liglit 'Gold,
beyond the Allowance of great Rates, knowing he either bought it
either to tranfport himfelf, or to furnifli Tranfporters therewithal.
And the Defendant John Perryn ( as himlelf confeileth ) and is
proK^d againft Mm, bouglft certain cfaamities of tetvy Englifli
l"Goyft, awd mekedd'je fat«eirw?o Bullion.
I Upon grave and delibepate 'cOftlMefraticMi <£ alJ whidi matters,
t3*e Comt 'did -decla-i^e -a«d ad^odge xhtt fayd Defendants , Hmry
■SweetTTig, J'tt-er hkrn and Jd)« Terry -giaiky of Tranfport&tioH of
Z z Englifh
Jk. 167,6. '
Hifloncal Colle&ions.
Englifh Cold, and the Defendant ^^v?o/t/Z^r^w6.f of Tran{|^ortation-
of foreign Coin and bullion , into fuch fevcial parts beyond the
SeaSjthe Defendant 'Timcthy Emm of Culling out and Melting dow n
the heavy Coin of this Kingdom for his own particular hnd and
private Cain, the Defendant HL?iry Futtvr of buying Hght Gold,
and felling tlic lame again, to furnifh Tranlporters, and the De-
fendant "^jchn Perryn of melting down His Majefties heavy Coin.
All which Offences their Lordlhips held to be of a very great and
dangerous confequence, and very prejudicial to the good and florifli-
ing eifate of this Kingdom, and therefore to deferve a fharp and fe-
vere Cenfure. In refpeO: whereof their Lordfliips, having well and
gravely weighed the nature and quality of each particular mans
Offence , have Ordered, Adjudged and Decreed, that the laid De-
fendants, Henry Fatter, Hurry Sveetir/g, Fettr Htrn^ 'John Terry,
Arnold Br^tmesy Timothy Ef/i.m and John Pfrry;z, .fhall all of tl;em
ffand to be committed to the Prifbn of the Flcet^ and pay for their
feveral Fines to His Majefty's ufe as followeth ; ( vtz. ) Ftter Hem,
John Terry and Timothy Eman 2000 /. a piece, Arnold Brames 1000 /.
Henry Flitter, zn^. Henry Sweeting 500 /. apeice, and John Perryn
100 /. And as touching the Defendant If.t.ic (johU, Randal Cren; and
Lul-e Lee, albeit it did appear that they being Eafl-ConntYy Mer-
chants, had tranfported out of the Kingdom, and carried over in
their Ships leverai finall flims and quantities of Rix-Dollers ,
which the Court holds and declares to be an offence punifli-
able in that Court , if it be done without His Majeffies Licenfe :
Yet in rel]oe£f it did not clearly appear that they had Tranfported
any great quantities, and for that the neceffity of the Trade re-
quires the Exportation and carrying with them of fbme monies, to
defray Cufloms and other necelTary occafions in their Voyages to
Nonray ; the Court did forbear at this time to cenfure them, and did
difmifs and difcharge them of, and from any other attendance there-
abouts hereafter. And tor the Defendant Edward Faughan it was Or-
dered he bedilmiffed and difcharged of, and from any further At-
tendance there-abouts hereafter.
Thomas Lord Coventry, Lord IQeper of the Great-Seal of
England , his Speech or Charge, iphich he delivered by Co>?>
mdiid from the Kjng, to all the fudges 0/ England, being
in the Court o/Srar-Chamber 14 die Februarii Anno Reg-
ni Regis Caroli xii Annoq; Domini 161,6. Together
with the Icings Letters, Cafer, and the fudges Opinions touch'
tng the Ship-mony.
My Lords,
r Have but one particular more, and that of great Importance,
1 wherof by fpecial Direftion and Commandment from His Ma-
jefty, I am to fpeak unto you at this time.
AH of you are the Witneffes of His Majefties Proceedings, though
the Candour, and clearnefs of His own Heart exceedeth your
Teffimony,
Hiiloncal Collcclions.
^S^
Teftimcny, and your Teftimony is not only fit to be declared in
this place, but in all the places of the Realm. His Majefty hath
now the third time lent forth H'V;/j to require the aid of his Sub-
)efl:s, for the guard of the Dominion of the Seas, and fafety of the
Kingdom ; this His Majefby did upon great deliberation and ad-
vice, and upon Important and Weighty Kealons. hi the firli year,
when the Wrtts were direfted to the Ports and the jMaritimc places ,
they received little or no oppofition ; but in the fecond year, when
they went generally thoughout the Kingdom ( though by moft
well obeyed ) have been refufed by fome, not only in lome hiiand
fliires, but in fome of the Maritime places ; and Atl: ions Jiave been
brought againft fome that have been imployed about the Execution
of thofe //>/>.(-. Ifuppofe no man will expeO: y/rf4«4 Rtom, the
private Reafbns of a Prince, fliould either upon tliis, or otlier oc-
cafions, be made more publick ; but fb many reafbns as were fit to
be opened, were formerly declared by me in this place to you t!ie
Judges of this Realm.
The firft- was, That the whole Kingdom is concerned in point of
fafety ; for admitting there M'ere no other Council, or Attempt
againfi: us, but only to interrupt us in the Dominion of the Sea,
our moft fecure and fafe defence, better than either Caflle or Forts,
v/liich if it be Commanded by others, it lays us open to much pe-
ril and danger.
Secondly, The whole Kingdom is concerned In point of Honour ;
for it is one of the moft Antient and Honourable Rights of the
Crown of Englmd^ even the Dominion of the Sea ; and all Re-
cords do fhow, how the Kings and People of England have ever
been careful, that this Honour fliould never perifli ; and certainly
the whole Kingdom is concerned in point of Trade, and Profit ; for
the Traffique doth not only inrich the Maritime places, but the hi-
iand Towns ; and if Trading fail, the Inland places will find it in
the fall of the Prices of VVooll, Lead, and Staple Commodities :
this, experience ihoweth daily, when upon every flop of the Vent
of Cloth, there cometh fuch outcries by the Weaver, Puller, Spin-
ner , and Wool!-gro^^'ers themfelves ; and the Authority of the
Laws flieweth the fame in the Book of AfTize 47, which your
Lordfhips know better than I. It appeareth that certain men went
into .the Country and caft out a fame, that for that yearno Wcoll
fhould be tranfjoorted beyond the Seas ; prefently upon this the
price of Wooll fell, and thoie men were called into queflion, and
adjudged in a Fine for it. Now ii" a Rumor did fb much abate the f
Trade in the heart of the Kingdom, what would the lofs of the
Dominion of the Sea do, which expofethUs, and all our Trade to
the mercy of our Neighbours, therefore fithence the Realm, and
the whole Realm is concerned in point of Honour, Safety and Pro-
fit, what Reafbn, but all fhould contribute to the maintenance of
it. This, or to this effeO: I did formerly declare to vou (the
Judges ) bv His Majefties Commandment, and His Majefty recei-
ved fcitisfaftion in that you made a full Declaration thereof in
your Circuits ; and this I may fay for the moft part, the SubjeCls
have fliewed themfelves moft dutiful and obedient in this fervice
of His Majefties, and this year the fum impofed on the County of
Tork being 12000 /. is brought in already by the Sheriff, and fo is
Z z 2 moft
12
Caroli.
554
Hiflorical ColleBions
An. 1656 I moftpartof Lanatftjire, and other Shires; but when His iVajefty
heard of Ibme refufals, though he had cauie to be icnfible of it,
yet was far from being tranlported with Paffion , but thought
good to refort tothe advife of you His Judges, who are fworn to
give him faithful and true Counfel, in that which appertaineth
to the Law, and this His Majefty for the direftion of His own
courie, as for the fatisfadion of His Subjefts, required you to deli-
ver your Opinions herein, to M'hich you returned an Anlw er un-
der your own hands ; and becaufe the Commandment which you
received from the King is expreffed in a Princely Letter under his
own Signature, I fhall not take upon me to repeat it ; you (hall
hear it read ; which being delivered by my Lord Keeper, to one
of the Clerks in Court, was read to this or the hke efteO:.
Carolus Rex.
Tri/fiy and well-helo'vecl^ Wt greet you well, taking into Our Princely
Lonfideration^ that the Honour and, Safety of this Our Realm of
England, ( the prefer vat ion whereof is only entrufted in our Care ) was,
and is now more nearly concerned than informer times, as well by divers
Counfels and attempt to take from us the Dominion of the Sea, of
which we are the Jole Lords, and rightful Owners, the lofs whereof
would be of great danger and Peril to this Kjngdom , and other
our Dominions ; We for the avoiding of thefe and the like dangers,
well weighing with Our felves, that where the good, and fafety of the
Kjngdom in general is concerned, and the whole Kjngdom in danger,
there the Charge and Defence ought to be borne by all the Realm in Ge-
neral ; did for prevention of Jo pub lick a Mi f chief, refolve with Our
Selves to have a Royal Navy provided, that might be of force, and
power, with Almighty Gods Blefjing and Afjiftance, to protect and de-
fend this our Realm, and Our Subjeils therein, from all fuch Per ills,
and Dangers ; and for that purpo/e we ijfued forth Merits under Our
Great-Seal of England, direBed to all our Sheriffs, of all our fever al
Counties of England and Wales, Commanding thereby all Our faid Sub-
jeBs in every Lity, Town and Village, to provide fuch a number of Ship
well furnished, as might ferve for this Our Royal Purpofe, and which
might be done with the greatefl equality that could be, in performance
whereof, though generally throughout all the Counties of this Our Realm,
We have found in Our Subjefls great Chearfulnefs and Alacrity, which
we gracioufly interpret as a Teflimony as well of their dutiful Affecti-
ons to Vs and Our Service, as of the reJpeB they have to the Publick,
which well-becometh every good Sub]eB. Neverthelejs, finding that
fome few haply out of ignorance what the Laws and Cujloms of this
Our Realm are, or out of a deftre to be eafed, and freed in their Parti-
culars i^how general foever the charge ought to be^ have not yet paid
and contributed the fever al Rates and Ajfejfments that were fet upon
them ; and forefeeing in Our Princely Wifdom, that from hence dri-
vers Suits and Actions are not unlikely to be Commenced and Prcfcu-
ted in Our fever al Courts at Weftminfter ; We defirous to avoid fuch
inconvenience, and out of Our Princely Love, and Affection to all Our
People , being willing to prevent fuch errors as any of Our Loving
1 SuhjeBs may happen to run into, have thought fit in a Cafe of this Na-
ture to advife with you Our Judges, who we doubt not are all well flu-
died and informed in the Right of Our Soveraignty ; and becaufe the
Trials
Hiflorical ColleBions.
J rids of Our fever al Courts, by the form.ility of Pleading, will require
A long protra£fio>iy We have thought expedient by this Our Letter d.-
refled to you all to require your Judgments in this Cafe, as it is fet down-
in the tnclofed Piper, which will not only gain time, but alfo be oj
more Authority to over -ride any prejudicate opinions of others in the
Point.
Given under Our Signet at Our Court at White-
hall the fecond day of February, the twelfth
Year of Our Reign 1656.
This being thus read, the Lord-Keeper commanded the Cafe in-
clofed to be read, being as followeth.
Caroliis Rex,
WHen the good and fafety of the Kingdom in general is con-
cerned, and the whole Kingdom in danger, whether
may not the King, by Writ under the Great Seal of England, com-
mand all the Subjefts of Our Kingdom at their charge to provide
and furnifh fuch a number of Ships , with Men, Visuals, and
Munition, and for fuch time as we fhall think fit for the defence
and fafeguard of the Kingdom from fuch danger and peril, and by
Law compel the doing thereof, in cafe of refutal or refradorinefs ?
and whether in fuch a cafe is not the King the fble Judge both
of the danger, and when, and how the fame is to be prevented and
avoided.
May it pleafe your Mo(l Excellent Maje/ly,
T T T E have, according to Your Majefties Command, every Man
\ V by himfelf, and all of us together taken into ferious Confi-
deration the Cafe and Queftion Signed by Your Majefly, and inclo-
fed in Your Royal Letter ; and we are of opinion, that when the
good and fafety of the Kingdom in general is concerned, and the
Kingdom in danger, Your Majefly may, by Writ under the Great
Seal of England, command all Your Subjefts of this Your Kingdom,
at their Charge to provide and furnifh fuch a number of Ships,
with Men, ViSuals, and Munition, and for fuch time as Your Ma-
jefty fliall think fit for the defence and fafeguard of this Kingdom
from fuch danger and peril : and that by Law Your Majefty may
compel the doing thereof in cafe of refufal, or refraftorinefs : and
we are alio ofopinion,that infachcafe YourMajefly is the fble Judge
both of the danger, and when, and how the fame is to be prevent-
ed and avoided.
John Bramjlon,
John finch,
Humphry Devenport,
John Denham,
Richard Hutton,
William Jones,
George Crooke,
Thomas Trevor,
George J^ernon,
Francis Crawley,
Robert Berkley,
Richard Wcflon.
The
111
12 CiroU.
4
The Judges
Opinions to
the Cafe.
356
Hiflorical ColleUiom.
Jf7.\6i6.
Lord'Keeper.
The (aid Letter of the Kings, the Cafe and Judges Opinions
thereupon, being then diffinftly read in Court in the preience of
all the Judges, except Judge Croolr, who at that time was indifjio-
fed as to his health, the reading of which fb publickly fcemed a fiir-
prize to fbme of the Judges prefent ; the Lord Keeper proceeded
and rpake as followeth.
My Lords,
-^ "^This being the uniform Refblution of all the Judges Opi-
f nions with one Voice, and fet under their own Hands : I
fay this being fb refblved as they do here exprefs upon every Mans
particular ftudying of the Cafe, and upon a general Conference
among themfelves, it is of very great Authority ; for the very
Lives and Lands of tlie Kings Subje&s are to be determined by the
Judgment of thefe Reverend Judges, much m.ore a Cafe of this
nature, which God knoweth cannot be burdenfome to any, but is
of fingular ufe and confequence, and for the fafety of the whole
Kingdom,
' 1 he Comm.andment from His Majefly is. That I fliould publlfli
this your Opinion in this place, and give order that it fliould be
entred in tiiis Court, in the High Court of Chancery, in the Courts
of }\invs-Eencb, Common-Pkai, and Exrhtaacr ; for this is a thing
not fit to be kept in a corner : And His further Command is, That
you the Judges do declare and publifli this general Refblution of
all the Judges of EnoUnd throughout all Parts of the Kingdom,
that all Men may take notice thereof, and that thofe His Subjefts
\^^hich have been in any Error, may Inform themfelves, or be Re-
formed.
' You have great caufe to declare it with Joy, and you can
hardly do it with Honour enough to the King, that in fb high a
Point of His Sovereignty he hath been pleafed to difcend, and to
communicate with you His Judges; which fheweth, that Ju-
flice and Sovereignty in His Majefly doth kifs each other.
*• His Pleafure further being , That you let all know, that it is
not His Purpofe by this Refolution to ftop or check the Aftions or
Suits which any have brought, or fhall bring concerning this ;
for it is His Majeflies Command, That all fuch as proceed in an
Aftion about the fame, fliall have equal and meet Juflice, and
that they be fliffered to proceed in Courfe of Law, fb as you call
the Kings Learned Council unto their Proceedings, that they
may not be fiirprized.
' Now, my Lords, I have little more to fay, but this I am fare of,
that if any contrarv opinion fhall yet remain among Men, it muft
proceed from thofe that are Sons of the Law, or from fbme not
towards the Law. Of the latter I will fay, ( Eelices demum e^ent
artts fi de illis foliim jidicarent Artifices. ) And as to the former,
you the Judges of the Realm, are, and ever have been accounted
the Fathers of the Law, then will it ill-become the Son to difjoute
againft, or take upon him to be wifer than the Father. Having
thus delivered unto you, that which I received in Commandment
from His Majefty ; as His Majefty doth, fb do I, leave it to your
Judgments.
Here
Hiftorical ColleBiom.
?57
Here followeth the firfl: part of the Lord Keepers Speech to all
the laid Judges this day , which was Poftponed , becaufe that
which is before-mentioned was pertinent to the great Queftion in
hand concerning Ship-money ; but his Lordfhip in the beginning
declared to the laid Judges what he had in command from His Ma-
jeftv concerning Matters relating to their relpedive Circuits, and
Ipake to this purpoie.
My Lords the ynd'^eSy
THe Term being now at an end, and the Aflizes at hand, His
Majefty hath commanded, that according to the Cuftom in
former times, ib now you fliould in this place receive fome dire-
ftions for the execution of Juftice in all Parts of the Kingdom
whereto you relbrt. This, ( as it may juftly be ) is a great com-
fort to His Majefties Subjefts to lee His Majefties care herein, which
as it is a Teftimony of their own Happinels in receiving Juftice
from the King Himfelf the Fountain of Juftice, fo it may as juftly
add ftrength and encouragement to you when you go your Cir-
cuits, not only to be armed with your own Authority by Commit
fion, but with your Princes Liftruftion. In the doing ot Juftice
you will find things of feveral natures and degrees. In Ibme Pleas
before you Commutative Juftice beareth fway, as in that which
is MtH»j & Tuiim : In others Diftributive Juftice, as in 'Prcetnium &
Pcettam; fbme concern one, and a few others concern the multi-
tude, others concern the King and all the Kings People. In fbme
Pleas things are drawn a-fore you that are ad Nocumentum of this
and that particular Town : Some ad Nocumtntum totins Regni :
Some things are drawn a-fore you that are Contra Pacew Regisy and
others Contra Cur on am & Dignitatem Reaii. And in this variety of
bufinefs, that as there are many of a leffer and lower degree, yet
not to be omitted ; fb you have Graviora Legis, upon which you are
to pitch your Mark, h^c oportet fieri ilU non omlttere. In that Ju-
ftice which you are to do between Party and Party, His Majefty
doth require you, as in all His Courts here, fb in your Circuits you
adminifter impartial Juftice, and redrefs vexatious and wrangling
Suits, not M'orthy the Dignity of your own Perfbns, and the Court
M'here you fit ; for thefe aftions, as they empty the fpleenonthe
one fide, fb they never fail to empty the Purfes on both fides. But
befides the doiog of Juftice between Man and Man, there is much
more expefted from your Lordfhips : For the publick bufinefs of
the Countrv is of much more importance than the Tryal of a Nifi
pritis, and fitting you fhould efteem them fb. And therefore it is
His Majefties Command, that thofe Services which concern Him-
felf, and the Publick, be timely thought of, and not pofted off" to
the end of the AiTize. Now a-fore all other things the advance-
ment of Religion and Piety towards God, the Peace of the Church,
and the execution of thofe Laws that tend to thefe ends ought to
have the firft place. As oft as I have had occafion to fpeak to you
here, I have feldom fpared to give you a Charge of the Laws a-
gainft Recufants ; and I muft reiterate it now, for if you convift
them not in the Country, there is like to be little reformation or
profit to His Majefty, And whofbever they be that will not be'
found-
12 Caroli.
35^
Hiftoficitl Colictiiom
s4'f!.
ii$76. found in the Church, it bclioveth you to take order that they be
"V-^- ItMuiti ill the Ex-eh(ptfy. Next place. That you pioceed roundly
a^aililt eapital aftd tellonioUs offenders^ elpeCially Robbers in the
HigliAV^y, wllo now HiafCh in Troops after* a high hand. A§ A
good Judge ougrht in Court to fhe\v ieverity to thole in the Goal,
, lb the ablell and aaiVelf Men in the Shire ought to do thcii' utmofl:
'; endeavours for the Applrehending of Rich onenderS as are abroad,
1 that when you are there or here at the Terrtl, the Service may
proceed in a good way, and you be made a terror to malefactors,
', as Ibme of your PredeceiTors have been ; for if your care be not
! glt'at,, malefa^brs will abound^ therefore you muft fliewa levere
land conliant RvnyOf Jaliice w-hen they Are found, and it will foon
\ abaie their pride, whcrtwith they nOw bear up themlelvcs : and
fiV it is \\'k\\ an unanimous confcnt you all agree of one courfe, for
' if there be A femifiiels Itt any otte Circuit, this leavcth away to
Male;A£to!ii to Overthrow dU reformation, and Jultice is thereby
di[cOin-aged. Next, Calt muft he had of tho(e Laws that OOnCcrn
Luxviry a'lid Idlfenefs, the ftippieflirtg and punifliing of Vagabonds,
the Ordering and imploving Of Houles of Correction, the repre'ffing^
of Ale hoUies and tiplin^-hOule§ , bMing of Apprentices. It
tlieie were Well and contontly oblerVetl, they \\ouM lave many
:\b!e ]''ctlits which 6vq miferably at the CalloAS, and cut off a
mnlti'tude of enoimiiies that ju-iVer this Ccmn^on-xx-ealth , and
lellen tiie num.ber of Thieves ai-rd Robbers. And therefore your
L oixlHiips feuH x}.6 well to hi\t a Ipecilil care to the execution of
thole Laws. And t liis gives me oetafion to put you in mind of
there Printed Orders publiflied by His Majefty hi the Year 1650.
wherein at firft there Was i direQ:ion siVen for an Acciompt to be
ma'de by the SheriS" ^nd Jaftiees of the Peace. This fime \vas
orderly fefcpt in divert places, in others not fb well. It was after-
Wards A'ivifed by }i5yr felves, that the W^y of Accompt fliouldbc
changed, and tliat \T)ii fl^onld recei\ie it at the Affize, iind prefent
it to the Couucil-Board ; yet it is my part to teil you it hath not To
a'p}re^.red by the AccOmpt that is tome to the Council-Table, and it
is v^x peered i tetter be gix'-en by you at tlie next Term. Now in re-
li^ea the publiek Service depeikleth much upon the Jnftices of the
Peace in the Coufttry, it will be neceflaiy tlvat yon caft yo^iif Eye ;
upon Ihem, that they give due attendance at the Affrze. It is their [
duty to tfo it, and v'^urs tO enforce it upon them. An Affi'ze Ml- :
eih but few dav-S : feut the InftfUdiOils which they may receive
from yoti ift that Ihirt time may be of g'reat ufe For the Coirnty
for the ^^Irole Year. Alfo,that yoii examine \\ii:ether they gix-e due
atteifdaftee 'at the Quaiter-^e(tioi'is, althoiigh there is an exprefs
Art-Tc^e hi tlitir Oath t^at they ftlonW give it ; tlTerefore it isa tluT3g_
very fittirTg and W-elf- worthy 'youf labcWit, rfiat in the begiimhig o't
emv Affiles -yWi tiai'ft nottheOai^i of the Peace his Untormatlon,
bm 'that vout felves iHo caft anlEye upon his Boo^t, and commmd
him to re+uw tite N^nnres of fiiehjuftices -ofPeaceasyonfedbT
his Ifeoofe \v&t a,bfent at Vhe 'C^artei-Seffions. 1^ it tvifl betliat
yon ivt them know, ttiattoprefeta ftid'iit|, 'Orl5o\\'liiTg, oi- Mnii't-
i'n|-Ma'tl^ Wove tWt atte'i^a'ncfe a't tl]'eQuai1:e!i--Sdfi6ns, islm'te
beettt tlian ^^erfCtr^. ki(^ ^ your a(!mdftitiO¥i- '^'i^l "not. fen^^ ttie
ma, a Yt'fi\Q^' Ml be ta1<?«i. 'VhM t^lace, It is jTeeeSaTV for ro^
to.
Hiftorical ColleBions.
359
to enquire how they attend the monthly Meetings, or other times
of Publick-fervice ; for this 1 am fure they are all within one Com-
miiTion, and have the fame Oath, and the fame Attendance isim-
pofed upon all, and why the greatell number (liould exempt them-
felves, and leave the Publick-iervice upon a few, I know not. But
if I may know^the particular men ( of which I hope I fliall hence-
forwards by your Lordfliips ) I Ihall rid them out of the Commil-
fion and put others in their places.
An Humble ^monjlrance to His Majefiy agdinft the Tax of
Shipmony impofed, laying open the Illegality and Inconvenience
thereof, intended to haVe been prefented by a private hand unto
His .'yMaje/ly ; which met with obJirnHion , and was to
this ejfeci.
Mofi Gracious And Dread, SoveraigM,
\ T /E your Poor and Loyal Subjefts of this your Realm of
VV En^^l.tnd^ now grieved and oppreffed with the late Taxes
impoled onus, for letting out of divers Ships to guard the narrow
Seas, without our Common Confent in Parliament thereunto had ;
do here in all Humility and Duty proitrateour felves and this our
Pemonftrance againft the faid Taxes, at Your Highnefs Feet, be-
feeching Your Majefty of Your Royal Juftice and Clemency, to
take the fame into Your moft Juft and Gracious Confide rat ion, and
thereupon to releafe us Your poor Subjects from this Intolerable
Burthen and Grievance, under which we groan and languifli, and
know not how long it may continue.
And herefirftof all, we moft humbly reprefent to Your moft Ex-
cellent Majefty, that this Tax of Ship-mony is direftly contrary to
the Fundamental Laws and Liberties of this Your Realm of Eng-
land, which Your Majefty, both in point of Juftice and Honour is
obliged inviolably to preferve, according to the Oath made to
God and Your Subjefts at Your Coronation^ and Your frequent
Printed Royal Proteftations fince, both in Your Anfwer to the Petiti-
on in the third year of Your Highnefs Reign, in Your Royal Speech
in Parliament, Printed therewith by Your Command, and in Your
Declaration to all Your Loving Subjefts of the Caufes, which mo-
ved Your Majefty to diffolve the laft Parliament, publifhed by Your
Special Cornmand.
Likewife ^-/ree 25,42,43, 44, in" all which Your Majefty (to all
Your Subjefts Comforts ; hath made thefe feveral Declarations of
Your Royal Pleafure, in thefe moft gratious Words.
* The King willeth that Right be done according to the Laws and
Cuftoms of the Realm, and that the Statutes ( recited in the Peti-
tion of Right) be put in Execution, that His Subjects may have
no caufe to complain of any Wrong or OppreflTion contrar)^ to
their Juft Rights and Liberties ( to the prefervation whereof he
holds himfelf in Confcience as well obliged as of His Preroga-
tive ) let right be done as is defired ■■, and I allure you my Maxime
12 Caroli"
Aa a
IS
,6o
H ifiorical ColkBions.
j».
\
i6?6. ' is that the Peoples Liberties ftrengthen tlie Kings Prerogative,
\ *■ and the Kings Prerogative is to defend tlie Peoples Liberties. I
I *■ do here declare, that tholc tilings which have been done wiiere-
i ' by men had Ibmecauie to fiifj:)eft the Liberty of the Subjeft to
' be trencht upon, lliall not hereafter be drawn into example for
* your prejudice ; and in time to come ( in the Word of a King )
' you (hall not have the like caufe to complain. We are not un-
' mindful of the prefervation of the [ull: and Antient Liberties of
' Our Subje&s, which We (ecured them by Our Gracious Anfwers
' to the Petition of Right in Parliament, having not fince done any
I * Afl; whereby to hifringe them. But Our care is, and hereafter
S ' (ball be, to Iceep them intire and inviolable, as We would do Our
' own Right and Soverainty. We do alfo declare , that We
' ' Vvdll maintain the Antient and ]n9i Rights and Liberties of
' Our Subjefts, v.ith fb much conftancy and juftice, that they fliall
' have caufe to acknowledge, that under Our Government and
' Gracious Proteftion they live in a m.orc happy and free Eflate,
' than any Subjefts in the Chriftian World.
If then we Pnall make it appear to Your Majefty, that this Tax
is againft the Laws of this Your Realm, and the juft antient Rights
and Liberties of Your Subjefts, \ve doubt not, but Your Majefty out
of Your Royal Juftice and Coodnefs will be mofi: Graciouflypleafed
to exonorate us thereof, and never to draw it into Example more.
That it is againft the Fundamental-Lav/s, Juft-Rights, and Anti-
ent Liberties of Your People, we fliall make it appear by thefe
particulars,
F/r/?, We humbly conceive it to be contrary to flindry Statutes
of this Your Realm.
F';-,/?, to the Statute of ik^-r^Trrf Charts cap. 29. (thirty times ra-
tified in Parliament ) 5 Edtv. 5. cap. 9. 2 5. Ed.v. 3. Cap, 4. 28. Ediv.^.
C/rp. ^. 57- £^:'- 3- Cap. 18. and to the late Petition of Right in the
third year of your Majeiiies Reigh.
Which EnaO: that no Freeman fliall be taken, or difeifed of his
Freehold or Liberties, or Free-Cuftcms, or to beOutlawM or Ex-
iled, or otherwife deftroyed nor palled upon, nor dealt with, but
by the lawful Judgement of his Peers, or by the Laws of the
Land.
But divers of your poor Subjefts, by vertue and Authority of the
Writs for Ship-mony,have been taken and imprifoned by Your Offi-
cers, their Goods and Cattle feized, diftrained and Ibid, to their
areat damages and diftraftion, without any lawfid Judgement firft
given againft them, and before the Right or Title of this Tax^
hath been legally heard and decided againft the tenure of this
Statute.
St'condh^ Againft the Statute 25 Edw. 5. ds Tallagio non conced.en-
do. 14 Ediv. I.Stat. 2. Cap. i. 25 Edn>. 5. il Rich. 2. Cap.c). I Rich.
3. Cap. 2. and the late Petition of Right ratified by Your Majefty,
which Enaft that no Tallage, Aid, Loan, Benevolence, nor any
fuch like charge, fliall be laid or levied, by the King or His Heirs
of this Realm, without the good will and aflfent oF Arch-Bifliops,
Bifhops,
Hift oriciil Colle&iojif.
:.6j
Bilhops, Earlcs, Barons, Knights, Bargeffes, and other Freemen of
the Commonalty of this Realm.
By vertue of which Statutes Your SubjeCts inherited this Free-
dom, that they fliould not be compelled to any Tax, Aid, or any
other like Charges not fct by Common -content in Parliament ( as
is recited in the fame Petition ) therefore not with this Tax, Til-
lage, Aid or Charge of Ship-mony, it being againft theie A£ts, and
not let by Common-confent in Parliament.
Thirdly, Againft all the AQ:s o^'Trmmge^znA Poundage, and other
Subfidies, which have from time to time in all Your Ro}'al Proge-
nitors Reigns been granted them, either for years, or term of their
natural Lives, a certain Tax or Subfidy for the fafe-guard and defence
of the Seas, againft Enemies and Pirates, as a free and voluntary
Grant, Becaufe they by themfelves by their Royal Prerogative had
no power to impofe it on their Subjects. Some few of which we
fiiall here recite.
Fir ft-, i^Edrv. 5. Stat. i.Cap. 2o, 6" Stat. ^. The Prelates, Earls,
Barons, and Commons in Parliament, granted the King the ninth
Lamb, Fleece and Sheep, and the ninth part of all Goods and Chat-
tels in Burroughs for two years fpace then nextenliiing, to be taken
and levied by lawful and reafbnable Tax by the fame two years
made , for the good-keeping of His Realm, as well by Land as
by Sea ; and of His Wars as well againft the Parties of Scot-
land., France and Gafcoi^n, as elfewherc ; with this promilc, that
this Grant fb chargeable, fhould not another time be had forth in
Example, nor fall to their prejudice in time to come. And that all
the profits thereof, with others arifing of the Realm of England^
fhould be imployed for the maintenance of the Wars in Scotland,
France and Gafcoign, and in no place elfewhere during the faid Wars.
Secondly y 5 /?. 2. Par. 2. St at. i. a Subfidy oiTunna^e arid Poundage
of two fhillings of every Tun of Wine,and fix-pence the pound of eve-
ry Merchandize elle imported (Ibme few excepted) M'as granted ta
the King by Parliament for two years ; during w^hichtime the Mari-
ners of the Weft proffered the Parliament, to make an Army on the
Sea ; provided always the mony thereof coming to be wholly imploy-
ed upon the iafe-keeping of the Sea, and no part elfewhere. The Re-
ceivers and Keepers whereof w^ere appointed by the Parliament in
this Afl:, which appointed that the People of the faid Sea-Army,
fliould have all the Lawful-Prizes fhared between them ; and the Ad-
mirals and others of the laid Army fhould give affurance to favc the
Kings Friends and Allies, without damage to be done to them or any
of them, by anyway; and if they did, and that be proved, they
fhould bind them upon grievous pains thereof to make amends.
Thirdly., 4 Ed^v. 4. Cap. 5. The Commons of the Realm of Eng-
land., granted a Subfidy called Tunnage., to the King for His Life,
for the defence of the fiime Realm, and was efpiecially for the fdl:-
guard of the Seas ; they are the words of the Aft often repeated.
Which A61 was revived to King Henry the %th. by Aft of Parlia-
ment, 6. H. 8. Cap. 14. w hich grants him Tnnnagt and Poundage
during his life. A a a g' . Fourthly^
12 Car oil.
362
H/ftoriical Colleclrons-.
Jn. 1636.
[8.
Eliz.. Cap. 19.
that Hm. 7.
Fourthly^ i Edn\6. Cap. 51. i Mar ix Cap. i
(for the grant of T//»;?-t?f. ) All (everally recite,
Hen. 8. and other of thofc Princes Noble Progenitors, Kings of this
Reahn, time out of mind , have had granted unto them , and
enjoyed the fame for the time , being by Authority of Parlia-
ment ( for the defence of the lame Realm, and the keeping and
fafe-guard of the Seas for the entercourfe of Merchandife, lafely to
come into, and pafs out of the Realm ) certain (ums of mony na-
med S//h(idies, of all manner of Goods and Merchandife coming in,
or going out of the Realm, a^c.
Some M'ill objefl: that in the time of Hardicamte, this Tax of
Ship-mony was paid by the People.
Now Hiall fuch a grievous infufterable Tax as that \vhicii Hardi-
camite no hereitary Prince but a foreign Damfj Tyrant impofed
upon the People, to provide Ships of War be a Prefident who died
drunk amidft his Cups, very fhortly after, as all our Hiftorians re-
cord, be made or deemed a juft and lawful Prefident for Your Ma-
jefty now to follow, God forbid.
That Prefident of Hardicanute, and all former Prefidents were
before the Government of this Kingdom was fetled by Magna Char-
ta, and the other Statutes againfl: Taxes, Tallages, Loans, Aids and
Benevolences, without Common-confent in Parliament, enafted be-
fore Toumge and Poundage granted, therefore impertinent to the
prefent cale.
The next Prefident objefted ( the firft and moft pertinent of all
others fince t\\2it o^ Danegeld^ is that of King Jo/'^, Jnm 121^,
who being judicially deprived of the Crown and Kingdom at Rome
by the Pope, at the earneft follicitation of Stephen Langhton Arch-
BiQiop o^ Canterbury, IV/fl/amBlihop of London, and the Bifhop of
E/y ; thefe Prelates departing from Rome, went into France, and
there confpiring wdth the Bifhops, and King Philip of France,
againfi: King John, they then fblemnly publiflied the Depofition and
Sentence of the Pope given againft him at Rome ; and then in the
behalf of the Pope they enjoyned afwell the King of France, as all
other men, as they would obtain the remifiion of all their fins, that
uniting themfelves together, they Oiould all go into England in an
Hoftile manner, and depofe King John from iHis Crown and King-
dom, and fubftitute another worthy man in His fi;ead by the Popes
Apoftolical Authority.
Hereupon the King of France prepared a very great and ftrong
Army, and Navy to Invade both by Sea and Land to depofe King
John, and to get the Crown and Kingdom to himfelf: King John
having perfeft intelligence of all this, in the month of March
commanded Ships excellently furnifl-ied to come together out of
all the parts of England, lb that he might with ftrong hand bold-
ly refill: thole who intended to invade England ; he likewile rai-
led and gathered together a very great Army out of England and
Ireland, and the places near ad|oyning. Thus Mat. J'i'eflmomflerien-
fis. Anno 121 7. />. 90. relates the ftory ; Math. Paris adds this there-
unto, that the King in the month of March caufed all the Ships
out of the Ports of Enzl.tyid to be imbreviated by tliis Wnt, which
lie directed to all the Baylirts of the Ports in thefe words.
Johannes Rex, &C.
Thefe
h/
/fiorical Colletfions.
3^3
Thefe things thus done concerning Ships, the King fent out Let-
ters to all the Sheriffs of this Kingdom in this form,
Ja/jafims Rex, &c.
Thele two Writs therefore being divulged about EngUndy there
came together in the Sea-coafts in divers places, which the King
moft fufpefted, to wit, to Dover , Ftverfljam and Ip/ivkh, men of
different Condition and Age, fearing nothing more than the re-
port of Cuhertage : But M'hen after a few days there wanted Vi-
ftuals for fb great a multitude, the Chief Commanders of the Wars
let home a great Company of the unarmed vulgar , retaining
only the Knights, their Servants and Free-men, with the Slingers
and Archers near the Sea-coafts : moreover John Bifhop o^ Norwich
came out of Ireland with five hundred Soldiers, and many Horle-
men to the King, and was jovfuUy received of him ; all therefore
being affembled to the Battel and muitered at Dunham Downs ;
there were among the felefted Soldiers and Servants, ftrong and
well-armed fixty thoufand valiant men, who had they had one heart
and mind touards their Prince and Country, there had not been a
Prince under Heaven againft whom the Kingdom of EngUnd might
not have defended it lelf. Moreover the King refolved to join a
Battle at Sea with the Enemies, that he might drown them in the
Sea before they fhould land, for he had a greater Navy than the
King of Frxnce^ whence he conceived greateft fecurity of refifting
the Enemy. Thus Mxth. Par if, Hi /I- or. Angli.e 121'^. p. 224, 225.
whole \\'ords we have related at large to clear and take off the edge
of that prime Prefident, in anfwering which, all fince will be clear-
ed from this Writ to Prefs and provide Ships and Ship-mony as
now.
But under Correction we humbly conceive that this Prefident
makes much againft (^nothing at all for) thefe Writs and Taxes
now ilTued forth.
F/>/?, It was before Magna Charts the Statutes againft Taxes and
Tallages, the Petition of Right, or any Subfidies of Tonnage and
Poundage to guard the Seas.
Secondly, It was only directed to Port-Towns that had Ships, and
not to Countries and Places which had no Ships, as thefe Writs are
now.
Thirdly, It \\as only to the Mariners, and Owners of Ships ( not
to any other Perfbn ) which being exempted from all Land-Ser-
vice, were to ferve the King and Kingdom at this pinch and op-
portunity by Sea ; but this Writ is on all, as well thole that have
no Ships as others.
Fourthly, It was only to furnifli out their Ships, not to contri-
bute mon}* to hire the Kings, or others, or to build new of other
I or greater Burthen than thefe they had ; thefe Writs now are con-
trary to this in all thefe refpefts at leafl in intention, if not in ex-
ecution.
, Fifthly,
12 Caroli^
364
Hifiorical Colle5fio?ts.
An. 16 0.
Lent-Aflizes.
March i6^6.
A Judge of
Afiize his
Charge to the
Grand-Jury,
as to the Cafe
ofShip-mony.
Earl of Arun-
del Tent Am-
bafiador to
tlie Emperor
about the Pa-
latinate.
Fifthly, Here was no levying of Money to be paid into King
'Joh-rPs Exchequer, or Officers Hand, to provide or hire Ships as
now; but every man was left to furniih his own Ships at his
own beft rate with his own Provifion and Mariners : this quite o-
therwife.
Sixthly., Though the Mariners and owners of Ships then were
by this Writ to furnifh Ships out at their own proper Cofts, yet
when they were thus furnifhed, the King was to pay them both
Wages, Hire, and Fraught, as His Succeffors have ever done fince,
when they preffed any of their Subjefts Ships or Carts, for War,
or Carriage. Thefe were the words, Itnri in fervitium noflmm ad
libertationes nojiras ; and the conftant practice of all Kings in like
cafes, ( yea oF Your Majefly, who now pays Wages and Fraught
for all the Mariners and Merchants Sliips you prefs ; ) therefore
this makes nothing at all for this enforcing theSubjefts to fet out
Ships to guard the Seas, and ferve Your Mafefty at their own pro-
per Cofts and Charges, but point-blank againft it.
The Reader, for further fatisfaftion in this Point, may find va-
rious Arguments in that Remonflrance which became publick in
the late Printing-Age.
Sir R.B. one of the JufUces of AfRze for the County of Tork did,
at the Aflizes held at Torlc mLent 16^6. deliver his Charge
to the Grand- Jury, that it was a lawful and infeparable Flower of
the Crown, for the King to command not only the Maritime Coun-
ties, but alfb thofe who are In-land, to find Ships for the defence
of the Kingdom : And then likewife affirmed, that it was not His
fingle Judgment, but the Judgment of all his brethren, witneffed
by their Subfcriptions.
And then alfb faid. That thefe was a Rumor that fbme of his
Brethren that had fubfcribed, \^'ere of a contrar}^ Judgment ; bet it
was a bafe and unworthy thing for any to give his Hand contrary to
his Heart : and then wiflied for his own part, that his Hand might
rot from his Arm that was guilty of any fuch crime ; when as he
knew ( with which he was afterwards charged in Parliament )
that Mr. Juftice Hutton , and Mr. Juftice Cook , who had fub-
fcribed, were of a contrary opinion, and was prefent when they
were perfwaded to flibfcribe, and did fubfcribe for conformity only,
becaufe the major number of the Judsjes had fubfcribed. And the
faid Judge of Affize then alfb faid, Tliat in fome Cafes the Judges
were above an AQ: of Parliament.
Erdimndo the fecond, Emperour Oi Gerr/id?iy, being ^weakned
in Body, refblves to fettle the Empire, and calls a Dyet to
meet at Ratisbom the midft of Stftember this Year ; where, after
Confultation for Succeffion, the Vnmh under-hand promoted Ba-
■vjiria., but the Po/^W AmbafTador was for the Emperors Son, alrea-
dy King of Hungary , to be Elected King of the Romans, by the
Name
Hifiorical CoUeBions.
365
I Name of Frrdimndo the third, and the Emperor afterwards dyed
on the fifth of February following.
The King of Great Br/trJ^, upon the News of this Change in
Gerf?!.'!;jr, fends Tho?n.rs Earl of Jnaidtl, Earl-Marflial of En?lmd
Ambaffiidor to the New Emperor Ferd/mndo the third, Ele(^ed at
this Imperial Dyet, to whom he prefents the Condition of His
Majefties Nephew the Palfgrave, having his Patrimony taken from
him by the Emperor, and hoping for Reltitmion ; but the Anfwer
which the Ambaffador received from the Emperor was, That he
made no doubt in time he might be confidered for enjoying the
lower Palatinate ; but for the other it much concerned the Duke
of Ba^jitrra in his pr.efent Intereft and PoiTeffion, who would hardly
be induced to a Treaty diladvantagious to himfelf ; but Bav.tr ia
fj^ake like a Souldier, tliat what he had got with fo much hazard
of his Perfbn, and Expence of Treafiire won by the .S\\'ord, he
would nov/ maintain with the fame Power in the PolTelTion. The
Ambaflador afterwards came away in difdain, not taking his leave
at all ; for the Eyes of all the Chriilian Princes were upon this His
Emball;/ from the King of Great Br/tam^ being in hope the Empe-
ror would have done more in order to the Reflauration of the Pala-
tinate ; ^0 the AmbaiTador haftened home into England to give His
Majefty an account of his Embaffy.
This being the lafl: time we Qiall have occafiou in this our fecond
Part to mention any thing concerning the Palatinate, give us leave
a little to digrefs in Point of time, whereby to fliew the Kings con-
tinued care and endeavours for the recovery of the Palatinate for
the good of his Sifter and Nephews : Obferve the Speech which
HisMajefty made in Parliament in the Month of July 16 41. and the
Man'feflo which he then put forth, which we rather mention, that
fucceeding Parliaments may follow tliat Example ; but that
good Litention of the King and Parliament for the Reflauration of
that Family proved at that time ineffeftual by the unhappy Wars
that broke out in the Three Kingdoms prefently after.
H'«S'^oWM^/V/?j/ o/"Great Britain, bein^refohcd^ hi cafe this
His laft endeavours hy His extraord'inctry ^ Amhajfador lent
to the Diet at Ratisbone, for a friendly accommodation of
His Nephew^ the Prince-Elector-^ alatine's Affairs fyould
prove frultlejs^ to haye His faid Embaffy, without further
lofs of time^ feconded by more powerful and ejfcclual means ^
went to His Parliament on the jth day of ]u\y ^ lafi, and
there ( after the difpatch of fome other Affairs ) prefented
the aboye-written Manifefl:, ivnh thefe ipords.
* T Take this occafion to prefent to both Houics, that whereby I
' 1 hope all the World fhall fee that there is a good underftanding
" between Me and my People ; it is concerning my Nephew, the
* Prince-Eleftor-Palatine, who having defired Me, by the advice of
' the King of Denmark , to affift him in a Treaty for his Reflauration,
' at
1 2 Carol! i
*" Sir Tliom^s
Ros.
1641.
966
Htflorical ColleBions.
An. 1656 1 ' ^t the Diet now held at Ratishont by the Emperor : I could not but
' fend my AmbafTador for that purpofe, though 1 much doubt that I
* fliall not have fo good an Iffue of it as I vvifh : The which My Ne-
' phew fore-feeing, hath defired Me, for the better countenancing
' of his jurt demands, to make a Manifeft in My Name ; M'hich is a
'thing of that conlequence, that if I fliould do it without the ad-
* vice of My Parliament,it would not be of much force. Therefote I
' do here propofe it unto you, that by your advice I may do it j for
* that way I think it moft fit to be publiflied in my Name.
The faid Mdnift-fi concerning the Reftitution of the Elefloral-
Palatine's Family, having been ferioufly confidered by both Koufes,.
they together came to His Majefty in the Banqueting-Houfe on the
x-zth of Ja/y laft, where the Speaker deUvered the Opinion and
Refblution of the faid Houfes in this manner.
YOur Majtfty in Tour Royal Per/on mas pkajsd to recommend this
Mcinifeji touching tht Palatine Caitfe , to be read in full Parlia-
ment, and to he advifed of by both Houfes.
Both the Houfes have ferioufly confidered ofit^ and have comtnanded
me to prefent theft their humble Advices unto Tour Sacred Majefj^ which
are exprejfed in this Declaration which hith pajfed the ^otes of both
Houfes y and which I am commmded to read unto Tour Majefj.
Die Mercurii j. Julii 1641.
%efohcd upon the Qiieftion,
THat this Houfe doth approve of His Majefties Pious Intenti-
ons in the behalf of His Royal Sifter, and His Nephew, the
Prince-Eledor-Palatine, and the reft of the Princes of that Family,
and of the publifliing this Manifeft to that purpofe •, and that this
Houfe will be ready to give His Majefty fuch advice and affiftance
therein by Parliament, as fhall ftand with the Honour of His Ma-
jefty, and the Intereft and Affections of this Kingdom, if the pre-
fent Treaty fhall not flicceed.
Die Sahhathi 10. Julii 1641.
(I(efohed in like manner upon the Queflion by the Houfe of Teers,
THat they do concur to this Vote with the Houfe of Com-
mons.
I am likewife commanded to prefent the humble defire of both
the Houfes of Parliament.
That
Hiflorical ColleBiom.
6-j
That Your Majefty will be pleafed to recommend this Manifeft
to the Pai liament or Scotland , to have the concurrence ot" that
Kingdom.
Thus much was delivered by the Speaker of the Houfe of Peers,
both Houles then attending His Majefty in the Banquet-
ing-Houfe at I'f'hheh.tll : To which His Majelty was graci-
oufly plealcd to make them this Anfwer.
We t.tke z'ery thankfully the concurrent jUfices of both tht Houfes
of ParliiWient^ in fo grt.it and. Pious a, Worky declared in theft Votes
and Refolittions, which yon have read to Vs.
We will alfo take care to recommend this Mxniftfl unto the Parliament
, - Scotland, to have tht concurrence of that Kjngdom^ which wc doubt
not 0..: they will perform.
His Majcjlles Manifeft.
'^H.trles, ty tne Grace of God, King of Great Britain^ France,
/ and htl.-:,/d, Defender of the Faith, d-c. To all to whom this
prelent Manifeft fliaU come greeting. To the end that the Endea-
vours oi Our late Dear father King James^ of Bleffed Memory,
and Our own Proceedings fince His Death, in the Caule of Our
dear and only jifter, Brotherin-law, and Nephews Electors and
Princes Palatine of the Rhyne may not be forgotten, or pretended-
ly unknown wherein We have ftudyed and laboured nothing more
than Peace of Chriftendom, and the avoiding of Innocent Blood,
by feeking the reftitution and re-eftabliOiment of the Eleftoral-
Houfe-Palatine in their ancient Rights, Dignities, and PolTeftions
within the Empire ; out of which they have been by violence, and
force of Arms, and other undue Proceedings, expelled and ba-
nillied , contrary to the ancient Laws and Conftitutions of
the Sacred Empire : We have thought fit , for the vindication
of Our own Honour , and to call to mind , and to publifli
to all the World both a Summary Relation of Our Anions
and Endeavours paft, and Our prefent Relblutions in the fam.e
Caufe.
It cannot be unknown unto all the Princes and Eftates of Europe,
and more particularly to thofe who have had any Intereft or Rela-
tion to the publick affairs of Germany., how both Our lelves, and
Our Father have, during thefe Twenty Years paft, by many and
(everal Ambaffages, Treaties, and other Negotiations, to Our great
Expence and Charges, both M'ith the late Emperor Ferdinand., the
King of Spain^ and other Princes and Eftates of the Empire, en-
ileavoured by all friendly and treatable means to procure the refti-
tution and re-eftablifliment of Our faid dear Sifter, Brother-in-law,
and Nephews, in their ancient Rights and Poffeflxons, as the only
and poflible way to fettle a good and firm Peace in the Empire,
and confequently with all Princes interclTed therein ; without
which it is impoffible to expeft or liope for a good, durable, and
honeft pacification of thofe troubles which have already, almoft
B b b rent
12 Caroli.
568
H/ftoncal CoIleBions.
Jft. 16^6. rent and confiimed, and involved all the Princes of Chriftcndom in
a moft bloodv and deftruftive War.
And for a clear demonllratiou of Our clear Intentions, not only
Our own Pious inclination, and care of the publick Peace, hath in-
duced Us to omit divers occafions, whereby We might, by fuch
Power as God liath put into Our Hands, have prevented tlie vio-
lences and opprcffions ufed to Our (aid Sifter and Nephews ; but We
have been led on and invited thereto by divers Promiles, Affiiran-
ces , and reverfal Letters , both from the late Emperor , and
King of Spnin^ and other Ufurpers of the Inheritances of the Ele-
doral-Houfe Palatine, that they would at laft, in contemplation
of Our Mediation, hearken and incline to a juft and honeft Peace
by the reftitution of the Eftates and Dignities of Our dear Sifter
and Nephews, whereby We have beendrav/n, not only to pais by
Our own, and the publick Intereft, and to forbear to engage Our
Arms in fo juft a Caufe ; but alfo have procured by Ouf Father,
and Our Authority, the withdrawing and disbanding of the Forces
of Count Mansftlt out of the Palatinate , and advanced divers
Truces and Ceftiitions of Hoftility or Defence, only to prepare the
way of amiable compofition, according to the hopes and promifes
to that end given Us, and particularly have caufed the Surrender
and Depofition of Ibme places of ftrengtii into the Hands of the
late Infanta of Sfam^ upon reciprocal Adlnances of a final pacifi-
cation or reftitution. _
But what effefts all thefe Our Peaceable and Chriftian endea-
vours have produced, and how all Our Pious Negotiations have
been cither delayed or deluded ; thereby, and by procels of time to
root andeftablifli the ufurpations of the Houfe-Palatine, and Our
Patience and Piety thereby abufed, is fb manifeft by the continued
I oppreffion of Oiu" faid dear Sifter and Nephews , that we are for-
' ced to proteftrhat there hath nothing liicceeded either to Ourde-
} fires, or hopes, but a refblution of delpair of ever obtaining by the
ways of Juftice, Treaty or Amity, that \\\\\c\\ hath been lb of-
ten promifed to, and expefted of the Lovers of Chriftian
Peace.
Notwlthftanding We having lately received advice from Our
dear Uncle, the King of Denmark^ that at laft, by his mediation
and procurement , the prefent Emperor , and Duke of Bavaria,
have condifcended to a Treaty to be held at the Diet at Ratuhone,
upon the fixth day of May laft paft for the reviving and the reletling
of the controverfies of the Floufe-Palatine, as a preparation and
inducement to a general Peace and Ammftia through the whole Em-
pire ; and that he, with fbme of the Electors of the Empire, is
accepted as Mediator of the faid Caufe, and hath received ftrong
and pregnant affurances of a better inclination and difpofition to-
I wards the re-eftablifhment of the Eledoral Family in their Rights
' and Dignities ; and to that end hath procured convenient fafe con-
duft from the Emperor to Our Nephew and his Bretiiren, freely to
come in perfbn, or to fend their Deputies to that Diet at the time
and place appointed, wdth all other claufes requifite for their fafe-
ty, going, abiding, or coming from thence; and then to plead the
Juftice of their own Caufe : And that in profecution thereof, he
hath inftrufted and difpatched his AjTibaffadors , either to
affift
hi a or h
^cll
LyO
Ueclioiif.
509
affift in Pcrfbn, or by the Deputies of Our Nepliews at the laicJ
Treaty oF Pdcihcaiion ; and hath dcured us herein to comply with
liim, by fending Our Ambailadors quaHfied and inftru'-led'to the
fame purpofc of procuring a good and letled Peace within the Em-
pire, according to the intimation of the Princes-Eleftors fiffnificd
to him by their Letters, thereby deiiring Us to affift in tiie prefent
Aflembly at Ratiihone.
To v/liich end Our Nephew, the Prince-Eleftor-Palatine, havino-
refbh'ed by Our Councel and Adyice to lend his Deputies according
to the invitation and hopes intimated of a good ifTue to, be expefted
by the amiable way of Treaty and Compofure. "''.:•. .
We have alio thought fit not to be wanting to fb good a Deficrn,
fb concurrent to Our own, and the defires of fb many Princes, and
in fbme Iiopes of better Fruits than hitherto all Our Endeavours
have produced ; have refblved to make this Our laft Tryal by the
way of Treaties, and to fend Our Ambaffadors to the Emperor,
and other Princes in the laid Diet affembled : And to that purpofc
have given him full power and inftruftions to contribute all Our
Authority to the procurement and fettlement of a good and blefled
Peace by the re-eflrablifliment and rertitution of the PolTeffions and
Dignities of Our laid dear Sifter, Nephews, and Eleftoral Family,
without which no Peace can neither be honeft or fecure: Hereby ex-
horting and defiring all other Kings , Princes , and States , Our
Friends, Allies, and Confederates, who fhall either be prefent at
the faid Diet, or fliall have their Ambaffadors or Deputies there,
that they will be allifting to the juftice of ^0 gfeod a Caufe,and to fb
graat a Blefling, as the reftoring of Peace to the almoft defolate
eftate of Germany.
But becaufe We may have juft caufe to doubt, by many experi-
ences of Our former endeavours, that the ilTue and fruit of this
Meeting may not be anfwerable to Our )uft expectation, but rather
that it may produce contrary effefls, to tlie prejudice of the Tuftice
and Rights of Our faid Nephews and their Family, ( which God
forbid ) we are hereby forced to proteft againft all Afis, Senten-
ces, Conclufions , or Determinations whatfoever, which fliall or
may be had, made, or declared, either in confirmation of the op-
prcdions and ufurpations paft, or any additions thereunto for the fu-
ture, as invalid, and of no power or effeft.
In which cafe (being contrary to Our defire and expeftatiort) We
allb further proreft and declare, That We will not abandon neither
Our own, nor the publick Intereft, nor the Caufe, Rights, and juft
Pretences of Our dear Sifter and Nephews, and other Princes and
States involved with their oppreffions ; but that we will ufe and em-
ploy all fuch force and power wherewith God hath enabled. Us both
by Our own Arms, and the help and affiftance of all Our Allies
and Friends, to vindicate Our own Honour, the publick Peace, and
redrefs of the Injuries, Ufurpations, and Oppreffions of Our faid
deareft Sifter and Nephews, and their lUuftrious Family.
And hereby as We do profefs to ufe all Our endeavour and
power to promote a happy and defired Peace, foi- the confblation
of the diftrefted Empire ; fo We do appeal to Almighty God, the
Tnfjie£l:or of the Hearts of all Princes ; and to the World, the In-
fpe£lor of all Our juft Aftions, that We will be innocent, before
B b b 2 God
I a Xaxol'
370
Hijioricd Colle&iom.
^». 1636. 1 God and the World, of all the evils that may enflie if thefe Our
laft Hopes lliall be delayed or abufed.
The Honourable Denfell Hollis Efq-^ his Speech to the Lords
concerning the fettking of the Qiteea of Bohemia, and
her EleSioral Family^ in their ^ight and Inheritance.
July p. 1541.
My Lords,
THe Knights, Citizens, and Burgeffes of the Houfe of Com-
mons have commanded me to let your Loidfhips know,
that they have taken into their ferious confideration HisMajefties
Propolal to them of the Manifeft ; in which He is gracioufly plea-
fed to declare His Pious Intentions concerning His Royal Sifter,
the Prince-Palatine her Son , and the reft of the Eleftoral Fa-
mily.
* They do with all humblenefs acknowledge His Majefties Favour
in communicating unto them any part ot His Royal Thoughts,
and asking their advice and councel in aBufinels that doth fb near-
ly concern him, as needs muft the happinefs, nay the fiibfiftence of
thefe diftreffed Princes, of fb glorious an extraction, their Veins
being enriched -with the fame Blood, that is from fb Royal Ance-
ft:ors, derived with glory into His Sacred Perfbn.
* And in that Relation the Houfe of Commons looks upon them
with an Eye of tendernefs , wifhing that every drop of that
Princely Blood may ever be illuftrated with Honour and Happi-
nefs : That His Majefty may be Crowned with this Blefting,
to fee nothing but Glory in Himfelf, and in all that bow unto
Him.
*To hear then, that thefe Princes, fb nearly allied unto the
King, fhould fuffer that which is unworthy of^ them ; inftead of
Honour, of Greatnels, to find oppreflion ; inftead of a Fortune
anfwerable to their Birtlt and Relation, to have their ancient Pa-
trimony torn from them, and detained by a Hand of violence, is
a thing which makes our Ears to'tingle, and our Hearts to rife
within us.
' My Lords, the Loyal Subje£ts of England is fb well tuned in a
fu'eet Harmony to the Perfbn of this Prince, that He is affefted
with the leaft touch upon any part of the Princely String, and an-
fwers it inftantly with a Sound proportionable ; if it be good and j
plealant, with joy and exultation, if harfh and dilpleafant, with "
fbrrow and lamentation ; but a fbrrow not womanilli and fatuanr,
but accompanied with indignation, and vigorous magnanimous
refblution, to be avenged upon whatfbever dare give offence to
our Royal Sovereign. }
* This then is enough to make us zealous for the redreis of the l
Princes Eleftor's wrongs, to defire ( with impatience ) to lee him |
re-invefted in his rightful PofTeffions, were there nothing elfe to j
move us to it, but our love and affeftion, and our duty to the King. |
' But, mv Lords, there is yet another Motive, which hath a
ftrong irrefiftable operation with us; and it is the confideration,
how much this is of importance to the good of Religion, the ad-
vance-
Hijiorical CollcUions.
^71
vancement of the Proteftant Party, and redeeming many Souls
from their Antichriflian J3ondage, which hath a double Afpeft,
and relates to us, not only as we are fellow-members with them of
the true Church, which obliges us to a care and defence of them,
and gives us an affurance of a reward in Heaven : But doth more
particularly concern us in point of policy and realon of State, by
fupporting our Allies to advance this Kingdom to the higheft
pitch of greatnefs and reputation, to make us formidable abroad
to the enemies of our Church and State, and fb enjoy peace, and
lafety, and tranquility at home.
' For , my Lords, the Proteftant: Religion^ and this Kingdom,
are like Hypocrates Twins , that muft both live and die toge-
ther.
* It is madnefs to think this State can (ubfift, if Religion be fub-
verted ; and as great a madnefs to think our Religion can conti-
nue here, if we fufPer it to be deftroyed and eradicated out of
the Neighbour- Countries ; which can no more be, ( that is, our
Religion and this Kingdom be preferved ) when our Neighbours
of the fame Religion and Belief with us to be confumed, than a
Fort can hold out, when all the Out-works be taken ; or the
Heart preferved when a Gangrene hath feized on the outward
parts of the Body.
' My Lords, as the true Rehgion is in the Truth, the Heart of
England^ which gives it Life, and makes it flourifh with ftrength
and power ; fo is England, ( in Politick refpeft ) the Heart of the
Proteiiant Religion in all the other Parts of Chriflendom ; and
upon occafion, mufl fend out fupply into all the Neighbouring-
Countries profefling the fame ReHgion with it; which (to be
themfelves in fafety) muft be under the Proteftion of this Fort,
under contribution to this Garrifbn.
' And on the other fide, if thefe Countries be one after another
invaded, and pofTefTed by the Enemies of our Religion, that great
tye of Religion between us, and thofe bonds be difTolved, which
only can unite and flrengthcn our mutual affe£lions and relations,
as if they get one part, their appetite will encreafe fbon to fwal-
low up another.
' Firft the PaUtinate, then the other parts of Germany, aftei--
wards the Low-Countries, and tlien let us think in what condition
EnglandwiW ftand ; it will be left as a Cottage in a Vineyard, as a
Lodge in a Garden of Cucumers, as a befieged City, when all
the defences are gone, it will fbon fall to be a prey of the Enemy.
' My Lords, this Confideration likewife works with the Com-
mons of E/jgUnd ; and as the Wife Man is to have his Eyes in his
Head, and look before him, fb they do look before them, and
had rather fee this evil met half way, than Hay till it come to
them ; rather fee the eating Gangrene of the Auftrian Ambation
in Germarty^ than tarry till it feize upon the Vital Parts of this
Ifland, and the death of Religion inevitably follow.
' This bufinefs took up a ferious debate, and after much time,
and many Arguments fpent upon the Subject, the Knights, Citi-
zens annd Burgciles alTembled in Parliament came to this refblu-
tion which was here read : This they have commanded me to re-
prefent unto your Lordfliips, and defire your Lordfhips will joyn
' with
12 Caroli.
57-
Hifiorical Colicciions .
An. 1636. j ' with them in a tender of the like cdvicc unto His Kafefty in appro-
^-^""^■''■■^ ' bation of His Royal Intendments.
' And likewife, that His Majefty may be moved in the Name of
'both Houfes, to recommend this Eufincfs unto His Parliament of
' Scotland., to have the confentand fuirheninccof that Kingr'cm ;
' that as we be Brethren in mutual affeftion, in an equal rye of du-
* ty and allegiance unto the King our Sovereign ; lo v^e may he
' Brethren alio in the lame tender Care, and loving Zeal, for the
* good and liapport of His Ma jefties Kindred, and their Relliturion,
'with their ancient Inheritance, and the fafety of the Kcform.ed
' Churches.
VtyeBions for the due execution of the Office of CLirk erf
the SMitrkct of His Majc flies Houfl'yold., throughout thts
%eahn 0/ England, and 'Dominion of Wales: Jnd forth
Suryeying and Sealing of the conflant (l{cc!e al-l)ointed to he
nfed by all Clothiers and porkers in Cloth andlarn^ and for the
mcreafe of the Toors Wages labouring therein ;
Concerning
the Clark of
the Market,
and the con-
flant Reel.
Reciting,
* T T THereas feveral Complaints have been heretofore made, as
* V \' well unto King Jatnes of ever BlelTed Memory, in His
' Life -time, and unto His Majefty that nov/ is, as unto the Lords
' and others of His Majefties moft Honourable Privy-Council, and
' to divers of His Majefties Juftices of Affize in their Circuits, and i
' Juftices of Peace of fundry Counties in His Majefties Realm at
' their Seflions , of the great abufes , deceipts, and falfities, fre- |
* quently uled by and among Weavers Combers , SpinPcers, and j
'other Workers and Makers of Woolen-Cloth and Yarn, by the i
' daily falfifying their Yarn, as well in the length of the Reel-ftaff, I
* as in the number of the Threds, and of the differences grown |
'among themlelves concerning a conftant Reel for the Reeling of i
' Yarn to be kept, and for the encreafe of the Wages for the Poor, \
' according to the Statutes qninto Eliz. and prima Jacc^i^ for re- 1
'medy and reformation whereof, and for fetling of a conftaiU |
' Courle for the laid Reel, and encreafe of the Poors Wsgc'?, \
* it hath been upon great advice thought fit , that the laid ;
' Courle of keeping of a conftant Reel througiiout all the Cloah- 1
' ing-Countries of this His Majefties Realm of Eno-J.i77d, \
'and Dominion of IVnks , and the encreafe of the Wages j
' for the Poor , might proceed and go on for tlie general \
' good of the whole Common-wealtli : And in regard thel
' Reel-ftaff had been lately encreafed a fifth or fixth part longer j
'than had been accuftomed, allSpinfl-ers ftiould have for the Spin-
' ning and Reeling of Six double Knots on the double Reel, or
' Twelve on the fingleReel, a Penny, which is more by Two-Pence
'in the Shilling than formerly they have had : Andrhatall La-
' bourers, and other Artificers imployed about tl.e Trade of Cloa-
' thing, and Yarn-making, fhould have the like encre?fe of Wa-
And for eftablift-iing the fame, His Majefty hath, by His
Letters
ges.
H/florical Colle&tons.
075
)
Letters Patents, bearing date the i2d day of J'a'juarv now laft
paft, for Himlelf, His Heirs and Succeffors, willed, ordained, and
appointed, as well for avoiding all future deceit in making of
Cloath and Yarn, and for prelervation of Peace between Buver
and Seller, Workmafter and Servant ; and all Clothiers, Weavers,
Combers , Spinfters , and other Workers Makers of Cloath
and Yarn, either Woollen or Linnen, within this Realm of
England^ and Dominion of Wrdes^ that there be a conftant Reel
provided and kept by all and every Cloathier, Weaver, Comber,
Spinfter, and other Workers and Makers of Cloath and Yarn,
either Woollen or Linnen, within all and every the Counties of
this Realm of E/y>lmd^ and Dominion of /fWcj-, and in a-ll Cities,
Burroughs, and Towns-Corjioratc, and other places where the
making
of Cloath or Yarn, either Linnen or VVoollen, is ufed.
the (aid Reel to be called a Cloath-Reel, or Reel-flaff, and to be
of one yard about the fingle Reel, and two yards or two ells a-
bout the double Reel, every knot containing fourfcore threds, for
all Yarn whatfbever both Woollen and Linnen, the fame to be
kept and continued as a conftant Reel between Buyer and Seller,
Workmafter and Servant, whereby the truth of the fame may
appear to all perfons trading in Cloath or Yarn ; the Surveying,
Searching, Sealing, and overfight whereof, as of the encrcafe
of the Wages of the Poor, His Majefty hath by His faid Letters
Patents committed and appointed unto His well-beloved Servant,
'John Ether i>/oto}?^ one of the Yeomen of His Majefties Chamber,
and to Henry Stracey, fof the term of one and thirty years, with
the like Fees and Allowances for the fame theit Service, as the
Clark of the M^trket of our Houfhold hath for Weights and Mea-
fures ; a Schedule whereof is hereunto annexed : and that they
attend their faid Service but once a-year as the Clark of the Mar-
ket doth, and that they and the faid Clark of the Market do travel
and fit together, as fliall be moft commodious for themfelves, and
the good cafe of the Commons ; as by His Majefties Letters Pa-
tents more at large appeareth.
' And whereas His Majefty hath been informed, that many un-
confcionable perfons within this His Realm of EngUnd^ and Do-
minion of IVaks, have and do ufe feveral Weights and Meafures
with the greater to buy, and with the leffer to fell, anddoaho
ufe falfe and deceitflil Beams and Ballances, to the great lofs and
defrauding of His Majefties Subjeds, and efj^ecially of the poorer
fort, who are moft fenfible of the fame: And whereas the Clark
of the Market, by the Laws and Statutes of this Realm, ought
by his Office to inquire of the faid abufes, and punifli and reform
the fame, and ought alfb to fet reafonable and indifferent Rates
and Prices upon Victual, and other Provifions, chiefly in times of
His Majefties Progrefs, and to forelee that the fame be wholefom,
and of good condition and quality in their feveral forts ; and ought
alfo to inBi£t as well pecuniary as corporal punifhment upon the
Offenders, according to the feveral qualities and degrees of their
offences : And whereas complaint hath been made unto Us, of the
great negligence ufed in the execution of the faid Office, partly
for that divers which are trufted as Deputies to execute the fame,
have been hitherto ignorant what their Power and Authority is,
'and
12
C.rroli.
374
H?ftorkal ColleUions.
Ak.
16^6.
and partly becaufe clivers of tiicm have been very carelefs and re-
mifs, and relpefting oirly their own private gains, extort unjuft
Fees, and either for favour or reward Ipare ihe Offenders, and
ncgleft the publick Service wherewith they are trufted.
' And becaule the C^Iark of the Market of His Majefties Hou-
fhold, and His Deputies, may be encouraged to execute their Of-
fices and Places with integrity, and may have their juQ: and rcafb-
nable Fees allowed, and may not exad unjuft Fees or R cwards, to
the grief or oppredion of His Majclf ies loving Subjefts ; tlicrc-
fore His Majcfty hath thought fit to limit and exprefs the due Fees
which the Clark of the Market, or his Deputies may require and'
take, as the fame hath been heretofore examined and approved of,
by the lords, and others then Officers of the Green-Cloath, :nd
fo remain recorded in His Majcfties Conipting hou(e ; a Schedule
whereoi' we have heieunto annexed: and whoever fliaM take
any greater Fee or Reward than by this faid Sclicdule is cxprelled,
upon Complaint made by any of His Majcfties loving Subjeds,
finding themfelves juftly grieved' therewith, to the Lord Steward,
Treafiuer, or Comptroller of His Majefties Houlhold, tlie Party
offending fliall have his defervcd punifhmeat , and die Party
M'ronged fpeedy recompencc for the lame.
' And to the intent that HisMajefties Service may be the better per-
formed, wc ftraitly charge and command the Clark of the Market,
that he make no Deputy or Deputies from henceforth, but fuch
as fliall be of fufficiency and' ability to perform the Place, and'
which flmll not be cither Vintner, Tnn-holder, Viftualler, oro-
ther Tradefinen ufing the Trade of baying and felling : and that
tliis His Majefiies Proclamation, for the better infl:ru(Eling' of all
His loving Subjefts, fliall, before the Feait of St. Michael the
Arch-Angel now next coming, be proclaimed in every Market-
Town throughout this Realm of Effg/af/d, and Dommion oflVaks,
and be hanged up and faftened in a Table in every Market-place by
an Officer, wh.ere it may continue to be feen and readby any that
will ; And further, that it fliall be read in every Parifli-Cnurch
before the faid Feall of St. Michael the Arch- Angel next coming,
immediately after Evening-Praj^er, u\iom\\Q ^nyid.iy or Holy-day,
by the Minifter or Clark of the Church ; and fo from thenceforth
at every Feaft, of the Annunciation of the Bleffed Wr^n Mary,
and the Feaft of St. Mich.vl the Arch-Angel by the Ipaee of five
years next coming, and Ihall be hanged up and preferved in every
Church in a Table, to be feen and read at all times by any that
\\ill; and that the defaults of Officers, Minifters, Clarks, and
Churchwardens in this behalf, fliall be inquired of, and punifhed
by His Majefl ies Juftices of Affize, and Juftices of Peace in their
Seffions, according to their diforetions, as contemners of His Ma-
jefties Royal Commandment.
'And His Majelfy doth ifraitly will and command, That all FTis
[uflices of Affize, Juftices of Peace, Sheriffs, the Clark of the
Market, his Deputy and Deputies, and the faid 'John Ethrifjgton
zndi Henry Stracey ^ their Deputy or Deputies, and all Majors,
and other Officers of Cities, Burroughs, Liberties, and Towns-
Corporate , High-Conftables , Petty-Conftables , Tything-men,
and other His Majefties Officers and Minifters in all Places whatfo-
cver^
Hiftorical Collections.
975
ever, do caufe this prefent Proclamation to be duly executed, and
be from time to time aiding and afTirting to their utmoft to the
Clark of the Market, and his Deputies, and to the laid 'John Eth-
rinfJton and Hs/iry Straay^ their Executors, Adminiftrators and
AfTigns, and their Deputies, in the due execution of their Offices
relpeftively ; and that the faid Clark of the Market, as M^ell now
as hereafter, for the time being, be alio aiding, furthering, and
affifting unto the faid ^~]ohn Ethringtor}^ and Henry Stracey, their
Deputy and Deputies, in the due execution of their faid Office,
as they and every of them tender His Majefties Service herein,
the Common-wealth of this Realm, and His Majeflies high dif^
pleafure.
A Declaration of the Fees anciently helon^in^ to the Clark of the
Market, for the execution of his Ojfice.
Imprimii. TTOr Sealing of every new Bufliel, for entring'
I"* of the lame , with the name and dwelling]
place of the owner thereof.
Item, For Sealing every half Bufhel, for entring the
fame, the owners name and dwelling-place.
Item, For new Sealing every leffer Meafiire or Weight, i
for entring the fame, with the Names, and Dwelling-pla-/
ces of the owners thereof.
4^.
\ 2d.
I d.
Item, For Recording every Victuallers Name, his Dwel->
ling-Place, and for viewing and examination of every par A ,
ticular Victuallers Ale and Beer-Meafiires, be they never fbv. ^ '
many, and for entring the fame. ^
Item, For Recording of every Inn-holders and Vint-
ners Name and Dwelling-place, and for viewing and exa-(
mination of every particular Inn-holders and Vintnersr 4 d.
Ale, and Beer, Wine, and Hoftry-meafures, be they ne-,
ver fb many, and for entring the fame,
htm. For Recording of the Names and Dwelling-places
of every Butcher , Grocer , Chandler , Mercer, Draper,]
Cloathier,or any other Perfbn,entring of all their Weights, > 2 d,
Meafures, Ells, Yards, Beams and Ballances, and for trying'
and examination of the fame, be they never fb many.
Item, For new Sealing of every Ell or Yard at both ends,?
entring the fame, with the Names and Dwelling-places ofr 2 d.
the owners thereof, J
Item, For trying and examination of every Bufliel for-1
merly Sealed, entring of the fame M'ith the Name and> 2 d.
Dwelling-place of the owners thereof, 3
C C C Item,
12 C/iroli.
57^
Jn.\6i6.
Goncerning
the Pope's
Nuntio in
England.
Hiflorical ColleBwns.
Item, For trying and examination of every lefTer Mea-"
fure formerly Sealed, entring the fame, with the Name!
and Dwelling-place of the owners thereof,
I d.
Item, For trying and examination of every Weight andl
Meafiire of any perfbn or perlbns that fliall be found re- 1
pugnant to His Majefties Standard, which fliail fell any ! ,
Commodities by a lefler Weight or Meafure, or fliall buy i ^ •
any Commodities by a greater or lefTer Meafure, to the i
deceit of the Subjefls, J
T/x' Fees to he taken for the Sealing and Surveying of the conflant
^elj and for the oyer fight of the encreafe of the Toors Wa=
geSy working in the making of Cloath.
Imprimis y ir~Or Sealing of the conltant Reel of two Yards, j
t^ or two Ells about, and for Recording andC ,
Regeltring of the Names and Dwelling-places of the^ ^
owners thereof, the like Fee as for the BulheJ, )
Item, For Sealing the fingle Reel, and for Recording)
and Regeftring the Names and Dwelling-places of the> 2 d.
owners thereof 3
Item, For the trying, examination, and overfight of)
the double Reel being once Sealed, and for Regeflring the> 2 d.
Names and Dwelling-places of the owners thereof, >
Item, For the trying, examination, and overfight of the^
fingle Reel, and for Regeflring of the Names and Dwel-^ i d.
ling-places of the owners thereof, S
Item, For the overfight of the encreafe of the Poors Wa- ? ^ .
ges, working in the making of Cloath, 3
AT the latter end of this Year Seignior Gregorio Vmz.ant, tire
Popes Nuntio in England, and Major ErJ, our Engi/flj Agent
at Rome from the Queen,' being dilcharged from their Negotiati-
ons, Seignioj Gregono Con ( a Scot ) was appointed by the Pope to
fucceed Panzani as his Nuntio, and Sir William Hamilton ( a Scot )
fent hence Ledger to Rome.
Before this time the Congregation of propagating the Faith
at Rome, having good hopes of the Converfion and Reduftion of
Englmd to their obedience,confEituted Cardinal Barbarmo, Nephew
and Vice-Chancellor to the late deceafed Pope,Patron and Proteftor
of the F.nolijb and Scottifh Nations,as Cardinal hudovicus was of the
hilh\ who to facilitate their Defign, ereftcd a fj^ecial Society of
four Orders of Jefuits in England, whereof the Popes Legate for
the time being, refiding in England, was chief Patron, and Cardi-
Bal Bsirbanna the Principal Superintendent.
Titles
Hiftorical CollcBwm.
377
A
Titles of Proclamations for the Year 163(5.
Procla?nation commanding all Mariners, and other x to His Ma]e-
fiits Ships, for which they arc Preft.
ji Proclamation inhibiting all Perjons to repair to His Majefly for
Cure of the Difeafe called the Kjngs-Evil until Michaelmas next.
A Proclamation to forbid the Importing, Buying^ Sellings or Piib-
lijhing any Forrein Edition of a Book lately printed at London by His
MajejUes Command, Intituled Mare Claufiinl. .
j1 Proclamation prohibiting the wearing^ buying or felling of Coun-
terfeit Je^vels.
j4 Proclamation declaring His Majefies P leaf/re touching Orders to
be obferved for prevention of difperjing the Plague.
j4 Proclamation touching Books firfl: Printed here^ and after printed
beyond the Seas.
J Proclamation for Refiraint of Fiflling upon fiis Majefties Seas
and Coajls without Licence.
A Proclamation inhibiting the Importation o/'W hale-Fins or Whale-
Oyl, into His Majejlies Dominions by any but by the Mulcovia Com-
pany.
A Proclamation for adjournment of part of Trinity-Term.
A Proclamation for the due execution of the Office of Clark of the
Market of Our Houfhold, and throughout Our Realm ofEngiand, and
Dominion of Wales , and for the Surveying and ftling of the Con-
ftant Reel appointed to be ufed by all Cloathiers, and Workers in
C loath and Tarn : and for the increafe of the Poors Waees labour i no
therein.
A Proclamation for the putting off Tutbury Fair in the County of
Stafford, and of the Mujicians or Minfirel-Court there.
A Proclamation prohibiting the keeping ^y^ Bartholomew-Fair, aud
our Lady-Fair in Southwark.
A Proclamation to prohibit the keeping of this next Sturbridge-Fair.
A Proclamation for the further Adjourning of Michaelmas-Term.
A Proclamation for a General Faft to be weekly objerved throughout
the Realm of England.
A Proclamation for Cleanfing the River of Thames of Shells and
C cc 2 annoy-
12 Caroli.
Wcflminner
the e,tb day of
April.
Weftminflcr
the Tthdjy of
April.
Wcftminftcr
the I 5(fc day of
April.
Whitehall the
\Stb day of
April.
Wcftininfler
the 22d day of
April.
WcAminfter
the I ft day of
Mjy.
Wcftminfter
the I cC/) day of
May.
Weftminner
the 1 6th day of
May.
Hampton-
Courc the 2-]th
day of May.
Oatlands the
9th day oj ^u\y
Windfor the
iSth day of
July.
July the 26th.
Warwick- Ca-
ftle the zoth
day oj Augufl.
Windfor the
2d day of O-
ftober.
Newmarket
the iSth day of
Oftober.
Windfor the
iStl) day of
Novemb.T.
378
Hijiorical ColleEiiom.
J».i6^6.
Hampton-
Court £l)M I t'l
djy of Decem-
ber.
Hjmpton-
Courc thi 2%'i
iajo/ January
Weftminfter
thi 2oth day of
February.
Weftminfter
thi 2^th day of
February.
Weftminfter
the $th day of
March.
annojancts y and for Ballajting of Ships with the Sand and Grave//
thereof,
A Frodamxtion for the revocation and repea/ of certain Letters Pa-
tents, and of part of a Proc/amation /att/y pnh/ifl>ed for the ktepino of
/« Conftant Reel tn C/oath-workingy and for the increaft of the Poors
Wages /abotiTing tijerein.
A Proc/amation for the Prizing of Wines.
A Proc/amation prohibiting the Importation d/'Gunpowder, and that
His Madefies Subjects maj be conjtant/y fupp/ied out of His Majejlies
Store-houfes.
A Proc/amation dec/aring His Majefiies P/eafure in the Incorpora-
ting of the Tradefinen and Artifcers inhabiting within two Mi/es of the
City of London.
A Proc/amation for putting off the Hea/ing of the Kings-Evil at
Eafter next.
Hiftorical
iftoncal Collections
for the Year^ 1657.
The Arch-BiJJjoj of Canterburies Diary,
r
I
'^Hurfday, I Chiiftned the Lady Prlncefs Am, KingChxrles
His iecond Daughter ; fhe was born on Frylty March
the 17/;?'.
_7«»e loth. My Book of Records in the Tower, which
concerned the Clergy, and which I caufed to be Colle£ted and
Written in Vellam, was brought me finifhed j 'tis d Anno 20 Ed. i .
ad Ann 1 4. Ed. 4.
'Jum 1 4. This day '^ohn Bafiwick Dr. of Phyfick, Henry Bnrton
Batchelor of Divinity, and WiHUm Prynn Barrefter at Law, were
cenfured for their Libels againfl: the Hierarchy of the Church.
'Jtim 26. The Speech I then Ipake in the Star-Chamber was com-
manded by the King to be Printed ; and it came out Jimc: 2 5.
June 16. This day Monday.^ the Prince Ekcfory and his Brother
Prince Rupert began their Journey towards the Sea-fide, to return
for Holland.
June 50. Fryday , The above-named three Libellers loft their
Ears.
July 7. Fryday, A Note was brought to me, of a fhort Libel
pofted on the Crofs in Cheapfide., that the Arch-Bifhop of Canterbu-
ry had his hand in perfecuting the Saints, and fheding the blood
of the Martyrs, Memento for the laft of June.
Tuefday, July 1 1 . Dr. Williams Lord Bifhop of Lincoln was cen-
fured in the Star-Chamber, for tampering and corrupting of Wit-
neffes in the Kings Caufe.
July -2.6,. being Munday, he was fufpended by the High-Com-
miflion, d^c
Augujl 3. Thurfday, I Married James Duke o^ Lenox, to the La-
dy Mary Fillers, fole Daughter to the Lord Duke of Buckinoham;
the Marriage was in my Cnappel at Lambeth, the day Rrainy, the
King prefent.
Augufl 2-}. JVedne/day, My Lord Mayor lent me a Libel found
by the Watch at the South-Gate of Paul^ that the Devil had left
that Houfetome, &c.
1 Auguft 1':^. Another Libel brought tome by an Officer of the
High-Commifllon, faftned to the North-G-AX.^ of St. PanVs ; that
the Government of the Church of England is a Candle in the Snuft!,
going out in a Stench. The fame day at night my Lord Mayor fent
1 3 Caroli.
Minh 50.
The Arch-
bifhop of
Cmterburiis
Diary.
me
^So
Hifionciil ColleHions.
An. l6^J.
pryin, B.i(l-
rvic^ and B.ic
ton, Jme 1 4 ■
me another Libel , hanged upon the Standard in Cheapfide ; my
Speech in the Star-Chamhtr fet in a kind of Pillory, (y'c.
litifcliyy Augiifl 29. Another fhort Libel againft me in Verfe.
S:tnday.^ O^okr 22. A great noife about the perverting the Lady
Narport ; Speech of it at the Council *, my free Speech there to
the King concerning the encreafing of the Roman Party ; the free-
dom of Dcnruarl-UouCe. ; the carriage of Mr. WaltLr Montagm^ and
Sir loby Math'^w. The Q^ttcn acquainted w irh aH I Eiid the very
nicrht, and highly difpleafed with me, and (b continues.
December 12. l/ufdiy^ I had Ipeech \\ ith the ^ctt» a good fpaee,
and all about the bufineis of Mr. Mof^tag/te, but we parted fair.
N Trinity Term this year there came a remarkable caufe toHear-
_ ing and Cenfiire in the Star-Qhxmkr upon the information of
the Kings Attorny-General againft "John Bajlwick Doctor in Phyfick,
Henry Burton Batchelor of Divinity, and William Pryn Barrilrer at
Law, Defendants.
The Scope of the hiformation againft thefe Defendants, was for
Writing and Publi filing Seditious, Scifmatical and Libellous Books
againlt the Hirarchy of the Church, and to the Scandal of the Go-
vernment.
To this Information the Defendants prepared their Anfwers, but
their Councel were backward tofign them, for fear of offending
the Court of Star-Chamber, but it was laid on the other fide, that
their Anfwers were of that nature as their Councel thought not fit
to fign them. The Defendants did petitionthe Court that to an-
cient Prefidents they might fign their o\\'n Andvers with their own
Hands, and declared that they would abide by the cenfiire of the
Court if they did not make good \\'hat was contained therein,
which was refufed by the Court, unlefs they brought their An-
fwers figned by Councel; then they tendredtothe Court a crofs
Bill, wherein they fet forth the fubftance contained in their An-
fwers, and defired it might be accepted, but neither was admitted
of by the Court; lb it was declared by the Court that the An-
fwers of Mr. Prynn and Dr. Baftwick not coming into Court in
regular way, in due time, according to the courfe of that Court,
they fliould be proceeded againft, pra confejfo ; yet Pryna and Bafi-
nuck left their Anfwers figned with their own hand at the Office,
and alfo tendred another draught thereof to the Court.
Mr. Burtons anlwer M'as afterwards figned by Mr. Holt, a Bencher
oi Grayes-lnn^ which the Court referred to the two Chief Juftices
to confider of, and to expunge what was contained therein as un-
fit to be brought into Court, or was otherwife fcandalous, and
they expunged the whole Anf^ver except fix lines at the beginning,
and three or four at the later end ; Mr. Burton demanded the juftice
of the Court not to give way to that purgatioji of his Anfwerby
the twT) Chief Juftices, for that neither he or his Councel were
heard before the faid Judges, what they could lay in defence of
their Anfwer ; but it was ordered by the Court, that if he would
not fwear the Anfwer as it was expunged, and anfwer to Interroga-
tories, he fliould be proceeded againft pro confejfo.
Mr. Burton in his Anfwer did fet f<->rth the fubftance of his Ser-
mon, which he Preached the fifth oi November^ at his Pariftv
Church
Hijlorical Colleclmis.
Church in Frydny-flrett, the Contents of which in part appeirs in
the Arch-J:ji{hop of Cmttrburks Speech in ^tar-Chambcr.; in which
Mr. Burton ciiarges the Arch-Bifliop.
1. That in the Epiftle the vSV/W.^y before E^/tr, we have put out
( /» ) and made it ( ^/^ ) the Name of Jeftts every Knee fhall bow,
which alteration he faith is direftly againft the Ad of Parha-
ment.
2. That the next hinovation, and that two places are changed in
the Prayers fet forth for the fifth of Nov^mbtr , and ordered to
be read ( they fay ) by A£l of Parhament. The firfb place is
changed thus, From^ Root out the Babi/omjh and Antkhriftinn 6V^,
which fay of Jerulalem, &c. into this form of words, Root out that
Babiloniflj and Antichriflian SeB ( of them ) tvh/ch fay, &C. The fe-
cond place went thus in the old, cut of thofe worktrs of Iniquity,
whoft Religion \% Rebellion. But in the Book Printed 1655. It's
thus altered. Cut off thofe Workers of Iniquity who turn R.eligion in-
to Rebellion.
Next that the Prayer for the Navy is left out of the late Book
for the Faft.
And in the Book entituled Nemfrom Ipfmch fol. 2 d. there is men-
tion made of the firft Innovation in the laft years Faft as injoyn-
ed to be without Sermons in London, the Suburbs and other Infeft-
ed places contrary to the Orders of other Fafts in former times, they
fay, whereas Sermons are the only means to humble men, &c.
The lecond Innovation, they lay, is, That Wednefday^ \yas ap-
pointed for the Faft-day, and that this was done with this intenti-
on, by the example of this Faft without Preaching, to fupprefs all
the IVednefday Leftures in London.
The third Innovation is, That the Prayer for fealbnable Weather
was pumed out of this laft Faft-Book, which was ( fay they ) one
caufe of Ship wracks and Tempeftuous Weather.
The forth Innovation is, That there is one very ufeful Coiled
left out, and a Claule omitted in another.
The fifth Innovation is, That in the fixth Order for the Faft,
there is a paffage left out concerning the abule of fafting in relati-
on to merit.
The fixth Innovation is, That the Lady Elizabeth and her Prince-
ly Children are dafhed ( that's their Phrafe ) out of the new Col-
left, whereas they were in the Colled of the former Book.
The feventh Innovation is, Thatthefe words (wlio art the Fa-
ther of thine Eled, and of their feed ) are changed in the Preface
of that Colled, which is for the Prince and the Kings Children,
and witha moft fpiteful Inference, That this was done by the Pre-
lates to exclude the Kings Children out of tfie number of Gods
Eled ; and they call it an intolerable Impiety and horrid Treafon.
In Dr. Eajlwids Anfwer there Mxre thefe palTages, That the
Prelates were Invaders of the Kings Prerogative-Royal, Contemners
and Difpifers of the whole Scrintures, Advancers of Popery, Super-
ftition. Idolatry and Prophanefs ; alio that thcv abufedthe Kings
Authority to the opprcHionof His Loyal Subjeds, and therein ex-
preffed great Cruelty, Tyrany and Injuftice; and in the execution
of
381 ;
— - — )
i 3 Caroli: i
3
82
Hifiorkal Colle^ions.
An. 1657.
of this impious performance, they fhewed neither Wit, Honefty nor
Temperature, nor were they either fervants of God or of the King,
( as they ought to be indeed ) but of the Devil, being Enemies of
God and the King, and of every living thing that was good. All
which the laid Dr. Bajtmck declared he was ready to maintain,
Mr. Prynn his Anfwer was much againft the Hirarchy, but in
more moderate and cautious expreflions, and in the conclulion of
his Anfwer faid, that what was contained therein, and which he
then tendred to the Court, though not accepted, he would ftand to
and make it good, and abide the Cenfure of the Court, if he failed
to do the lame, might his Anfwer be but read.
All the faid three Defendants ftanding at the Bar, the Court
caufed the Information to be read, and no Anfwer being put in, nor
filed on Record, in the Court, the Court began to proceed to Sen-
tence. But the Defendants before the Court fpake, cryed out for
Juftice, that their Anfwers might be read, and that they might not
be condemned unheard : neverthelefs the Court proceeded be-
caufe their Anfwers were not filed on Record •, and the Lords con-
tinued {peaking till three ot the Clock in the Afternoon, whofe
Speeches we took verbatim in Charaders, and writ them out af-
terwards at large, but lending them to a Friend to perufe, whom
we cannot call to mind, he dealt unfriendly with the Author, and
never reftored them again : wherefore he is neceffitated to be brief
in the narration of this remarkable Caufe, which he had reduced
into good order and method, containing alfb Excellent Speeches
made that day in that Caufe.
The Court proceeded to Sentence, and fined each of the Defen-
dants, Prynn, Bafirvtck and Burton, 5000 /. a-piece to the King, and
adjudged the two later to ftand in the P///ory at We(l?ninfiir, and
there to lofe their Ears ; [ and that Mr. Prynn having once loft his
Ears before, by fentenceof this Court, Anno 165^ ] wherefore he
was now fentenced to have the remainder of his Ears cut off, and
alfb it was decreed that he fliould be ftigmatized on both Cheeks
with S. L. fignifying a Seditiom LikHer. And in June 50 the above
named three Defendants loft their Ears, the Hangman rather faw-
ing off the remainder of Prynn s Ears, than cutting them off: they
were all likewife committed clofe Prifbners, one totheCaftleof
Lancefion in Cormvally another to the Caftle of Lxncafitr, and a third
to Carnar'van-Cz^lQ. in Wales., and afterwards removed to remote
Iflandsy where they were kept clofe Prifbners ; the Wives of Eafi-
mck and Burton, not being allowed after many Petitions to have
accefs unto them, nor to fet footing in the Ifland ; neither was any
Friend permitted to have accefs to Mr. Prynn.
Here followeth part of the Arch-Bifliop of Canterburies Speech,
in reference to the faid Innovations charged upon him by the Prifb-
ners at the Bar ; to every one of which the Arch-Bifliop gave a
particular Anfwer ; but for clearer fatisfadion read the Speech at
large in the Appendix.
Mj
Hijiorical ColleUions,
383
My Lords J
' T Shall not need to fpeak of the infamous courfe of Libelling in
' J|[ any kind, nor of the punifhment of it, which in fbme cafes
' was Capital by the Imperial Laws, as appears.
' Nor how patiently Ibme great men, very great men indeed,
' have born Animo civili ( that's Sutton his words ) LaceraUm
' exifiimationemy the tearing and rending of their Credit and Rc-
' putation, with gentle, nay, a generous mind.
' But of all Libells, they are moft odious which pretend Religi-
' on ; as if that of all things did defire to be defended by a Moutli
' that is like an open Sepulcher, or by a Pen that is made of a fick
' and loathfom Quill.
' For my care of this Church, the reducing of it into Order, the
' upholding of the External- Worfliip of God in it, and the fetling of
' it to the Rules of its firft Reformation, are the Caufes ( and the
' folc Caufes, whatever are pretended ) of all this Malicious Storm,
* which hath lowred fb black upon me , and fbme of my Bre-
' thren ; and in the mean time, they which are the only, or the
' Chief Innovators of the Chriftian world, having nothing to fay,
' accufe us of Innovation;they themfelves and their Complices in the
' mean time being the greatefi: Innovators that the Chriftian world
' hath almoft ever known. I deny not but others have Ipread more
' dangerous Errors in the Church of Chrift ; but no men in any
' age of it have been more guilty of Innovation than they, while
' tliemfelves cry out againft it, Qws tukrit Gracchos.
' And a great trouble 'tis to them, that we maintain that our
' Calling of Bifhops is Jure Divino, by Divine Right. Of this I
' have faid enough, and in this place, in Ldghtons Q2&,, nor will
' I repeat : Only this I will fay, and abide by it, That the Calling
' of Bifliops is 'Jure Dlvino^ by Divine Right, though not all ad-
' jun£ts to their Calling. And this I fay in as direft oppofition to
' the Church of Romt, as to the Puritan humour.
' And I fay further. That from the Apoftles times, in all ages,
' in all places, the Church of Chrift was governed by Bifliops,and
' Lay-Elders never heard of, till Cahin^s new-fangled devife at Ge-
I 5 Caroli'
neva^
* For the main fcope of thefe Libels, is , to kindle a jealoufie in
' mens minds, that there are fbme great Plots in hand, dangerous
' Plots ( fo fays Mr. Burton exprelly ) to change the Orthodox Reli-
' on eftablifhed in England, and to bring in, I know not what, Ro-
' mi(Jj Superftition in the room of it, as if the external decent Wor-
'■ fhip of God could not be upheld in this Kingdom, without bring-
* ing in of Popery.
* But to return to the bufmefs : what is their Art to make the
' World believe a change of Religion is endeavoured ? What / why,
' forfboth, they fay, there are great Innovations brought in by the
' Prelates, and fuch as tend to the advancing of Popery.
* Now that the vanity and falfliood of this may appear, I fliall
* humbly defire your Lordfhips to give me leave to recite briefly all
' the Innovations charged upon us, be they of leG or greater mo-
' ment, and as briefly to anfwer them. And then you fhall clearly
* fee whether any caufe hath been given of thefe unfavoury Libels,
Ddd <andf.
;84
Hiftorical Colldfiom.
An. 16^7.
Part of the
Arch-Billiop
of C Jit tr bu-
ries Speech at
theCcnfurc of
irii^and Eai-
' and withal whether there be any fhew of caufe to fear a change
' of Rehgion ; and I will take thefe great pretended Innovations in
' order, as I meet with them.
See them in the whole Speech at large.
' /"~\Ne thing flicks much in their Stomachs, and they call it an
' V ) I n f/ozj At wfi too., and that is, bowing or doing reverence at
* our firll: coming into the Church,or at our nearer approaches to the
'Holy Table, or the Altar, (call it whether you will j in which
' they will needs have it, that we worfhip the Holy Table, or God
' knows v\'hat.
' To this I Anfw er, Firfly That God forbid \\x fhould worlhip any
' thing but God himlelf
' .Secondly .t That if to worfhip God when wo. enter into his Houfe,
' or approach his Altar, be an hinovation, it is a very old one.
'■Yot Mof's did reverence at the very Dore of the J ai/.mack,
' Numb. 20. Htzekiah., and all that M'ere prefent with iiim, when
' they had made an end of Offering , Bowed and Worfhipped ,
' ( 2 Chron. 29. ) Da'uid calls the People to it with a Femfe^ O come
' kt lis )rorjhipy and fall doir^?^ and kntel before the Lord our Maker
' (Pfld. 95. ) And in all thefc places ( I pray you mark it ) 'tis bo-
' dily-worfliip.
' Nor can they fay,- that this was Judaical- worfhip, and now not
' to be imitated, for long before Judaifiii began, Bethel^ the Houfe
'of God, v.\fs a place of Rtvertnctj ((Je/?. 28.) therefore certainly
' of, and to God.
' And after fudaical-worfliip ended, Fenite, adorenms^ as far up-
' wards as there is any track of Liturgy, was the introitus of the
' Prieft all the Latine Church-over.
' And in the daily Prayers of the Church of England this was
' retained at the Reformation, and that Pj'alm^ in which is Vemte
' Adoremm., is commanded to begin the Morning-Service every
' day : And for ought I know, the Prieft may as well leave out the
' Femte., as the Adoremm ; the calling the people to their duty, as
'the duty it felf, when they are come.
' Therefore even according to the Service-Book of the Church
' of Engjand, the Piieft and the People both are called upon, for
' external and bodily Reverence and Worfliip of God in his Church,
' Therefore they which doit, do not Inno^vate. And yet the Go-
' vernment is fb m.oderate ( God grant it be not too loofe the while)
' that no man is conftraincd, no man queftioned, only religioufly
' called upon, Venite adorem:4iy come, let us Worfllip.
' For my own part, I take my felf bound to worfhip with Body,
' as v\'ell as in Soul, when-ever I come where God is worfliipped.
' And were this Kingdom fuch as M'ould allow no Holy-Table flarid-
' ing in its proper place ( and fuch places fbme there are ) yet
' I would worfliip God when I came into his houfe. And were
' the times fuch, as fliould beat down Churches, and all the curiom
' car'ved work thereof, with Axes and Hammer s^ as in Pfaltn 74. and
' fuch times have been) )^t would I worfhip in what place fbever
' I came to pray, though there were not fb much as a flone laid
' for Bethel. But this is tJie mifery, 'tis Jupertition now adays for
' any man to come with more reverence into a Church, than a Tin-
'ker
Hijiorical CcHcaious.
ker andhis Bitch come into an Ale-lioule ; tlic Com}3nriron i;;tco
hoinely, but my jull: indignation at the profaiKneis of the tunes,
niakes me fpeak it.
' And you my honourable Lords of the Garttr, in your great fb-
iemnitics, you do your Reverence, and to Almighty God, I doubt
not, but it is 'verf/s-s J/tare, towards his Altar, as the greateft place
of Gods rcfidence upon Earth ; T fay the greatefi:, yea greater
than the Pulpit, for there 'tis hoc eji Corpus mcuw^ this is my Body ;
but in the Pulpit, 'tis at moft but, Ave eft Ftrhum m-^Hm^ this is my
word. And a greater reverence ( no doubt ) is due to the Body,
than to the word of our Lord. And fb in delation, anfoeiiibly
to the Throne where his Body is uflially prelent, than to the
Seat, whence his word ufeth to be proclaimed. And God hold it
there at his word ; for, as too many men uile the matter, 'tis hoc
eft verb::m Dlaholi, it's the \^'ord of the Devil, in too many places ;
Witnefs Sedition, and the like to it. And this reverence ye do
when ye enter the Chappel, and w hen you approach nearer to of-
fer : And this is no Innovation, for you are bound to it by your
Order, and that's no new thing.
* I humbly crave pardon of your Lordfliips for this my neceflary
length, and give you hearty thanks for the noble Patience, and
your jufl; and honourable Cenfure upon thefe men, and for your
unanimous diflike of them and defence of the Church, but bxaufe
the bufinefs hath fbme reflexion upon my felf, I fhall forbear to
cenfure them, but leave them to Gods Mercy and the Kings Ju-
ftice. See the fpeech at large in the Appaid.ix.
THe Report of thisCenfure and the fmart execution thereof flew
quickly into Scotla^d,zn6 thedifcourfe among the Scots were,
that the Bifhops of EngUndwext the caufe thereof, that they muft
expeft to have a Star-Chamber erefted in their Kingdom to ft reng-
then their Bifliops power there, befides the High-Commiflion which
was there already erefted : and about this time a ftrange accident
happened in offering an affront to aBifhop at Edt^nbur^h as followeth.
On the aijd.oi Ju/ymyit following the faid Cenfure of Fryun,
Bajlwick and B.trton ( being five Weeks and odd days ) there hap-
ned a great Tumult at Ederibitrgh in Scotland about the in-bringing
of the Service-Book or Common-Prayer ; where no fboner was
the Litnrgie begun to be read at the great Church in Edenburzh
( the Bifnop and Dean being in their Whites ) but the People in
the Church with great outcries and clamors threw a Stool at the
Head of the Bifliop, crying a Pape, a Pape, Antkhrift-^ Ant!chri(}-,
(tarn him,, (inne him ; and the Magiftrates then prefent had much to
do to preferve the Bifhop from the fury of the People ; but of this
Tumult more fully hereafter.
Concerning which Tumult the Arch-Bifliop of Canterb-try makes
this Memorial in his Diary on April 2g. 1658. ^'iz■. The Tumult
in Scotland about the Service-Book offered to be brought in, began
'^itlv 27,. 16^7. and continued increafing by fits, and hath now
brought that Kingdom in danger ; no queftion but that there is a
great concurrence between them (^meaning the Scotch Covenan-
ters ) and the Puritan party in EngUnd ) having a great aim there
to deffroy me in the Kings opinion, &c.
Ddd 2 Now
1"^ Car oil .
3
86
Hiftorical ColleBions.
An. \6'i,-j.
A Sumrrary
Account of
the Commo-
tions in S'.of-
lani from jh-
//13. 1537.
That King
Jux'ts, after
Hs coming
into EngUnd,
promorcil
that wo, kin
His life time.
No\\' that we are come in order of time to make mention of tlie
Tumults and difbrders in .Scotland about the Service-Book, wq beg
leave for a while to make a ftep into Scotland, before we proceed
further at prelent in home-affairs, and accept a Summary Account
of the Rife, Progrefs, and ieveral ftcps in that Tumult, and the
Confequences which thereupon followed.
Reparations for divers years by-paft were made for the in-
bringing of the Service-Book into Scott md^ to have Unifor-
mity in Divine Worfhip, and Church-Government between the
two Kingdoms : formerly the Prelacy was quite or almoft ruined in
Scotland^ but in latter times by degrees built up again, by all the
ways and means which King J.imes the 6''> and King Charles the i./
could devife , though with great averfeneis of tiie Noble men,
Centry, and the greater part of the Miniftry ; and by this time that
Work was almoft brought to perfedion, for of the fourteen Scot-
t'jJj Bifhops nine were Privy-Councellors ; the Arch-bifhop of St.
Andrews^ Primate of Scotland:^2s alio Lord Chancellor ,and many of
the reft had alfo good State-employments, and gainful Offices in
the Civil, and had all the Ecclefiaftical in their own Power; for the
Layicks, who were joyned with them in Commiflion, for moft
part declined that Employment.
Since tlie Synod held at Ftrth in the Tear 161 8. they had no Na-
tional Affembly, yet there remained a kind of Face or Name of
Provincial Synods, Presbyteries, and Parochial SefTions.
But of late the high Commiflion was erefted, and a Book of
Canons for that Church fet forth by the Kings Authority, and all
the Subjects of Scotland were inioyn'd to fubmit to theEpifcopal
Cenfure ; and then their Confiftories, Claffes, and Presbyteries,
were held in the nature of Conventicles, and there remained not
the fliadow of their former Ecclefiaftical Policy.
Moreover a Liturgy for that Church being framed, and at this
time finiflied, and ordered to be Publifhed by Royal Authority,
and to be received throughout that whole Kingdom , His Majefty
Publift.ed His Reafons for Impofing the fame to this effeft.
Hat His Father of BlefTed Memory, immediately after His
coming into England^ comparing the decency and uniformi-
ty of Gods Worfliip herein England, oblerved ( efpecially in tlie
Liturgy of the Church) with that diverfity and deformity in
Scotland, where no fet or publick form of Prayer was uled, be-
thought Himfelf ferioufly how His fii ft Reformation in that King-
dom might begin, at the publick Worfliip of God, and chiefly by
an Unity and Uniformity in the publick Prayers and Service of the
Church. Concerning which divers Conftiltations were had with
the Bifhops, and others of the Clergy of moft eminent Note in
that Kingdom : But thole deliberations received fbme oppofition,
and many intermiffions till the Year 1616. in a general Aifembly
held at Aberdeen, His Royal Father by His Letters and vehement
Inlhnce of His Commiflioners there pi-e{ent,made the necelTity of a
publick Liturgy apparent. A Book in purfuance of an hO. of that
Aflembly was framed by thole that were deputed for that purpole,
and was by the Arch-bifhop of St. Andrews lent up to His Royal
.' . ' ■ Father.
tiiiioncal Colle^Iions.
987
Father, who punftually perUfed it, and had it rcvifedby (bme ot
that Kingdom here in England ; and attcr His and their Oblerva-
dons, Additions, Mutations, Expundions, He fent it back to be
recommended 'to that whole Cliurch , being for iiibftance, frame,
compofure much about one with that whicli was now commended
to them: Which had been then received, if the King His Father
had not dyed, whilil thefc things were in doing , before tliey
could receive their Period. That which moved King James to ha-
ften that Liturgy , and an High-Commiflion-Court M'as to curb
fiich of His Subjefts in Scotland as were incUned to Puritanifm,
and who would be medhng with State Matters in their Pulpits, and
Ibmetimes not fpare the King Himfelf. His Majefl:y that now is
refblved to purflie that Defign, and required the fame Service-Book
tranfinitted by His Father to that Church, to be remitted to Him.
Which having received (after many ferious Confaltations had
with divers of the Bifhops and Clergy of that Kingdom, hcrepre-
fent in EngLxnd^ and after advice by Letters and hiftruftions to the
refl at home, and after many humble Remonftrances and Adver-
tifements made by them, of the reafbns of fbme alterations for the
removing of fbme conceived difficulties ) His Majefty was content
the Book fliould come out as now it was Printed, being fully appro-
ved by them. And that this was compofed in fubftance not diffe-
rent from that of Englmd, that the Roman Party might not up-
braid Us with any material differences in Our Liturgies, and yet in
fbme few alterations differing from it, that it might be truly repu-
ted a Book of that Churches own compofing, and eftabUflied by
His Royal Authority, as King of Scotland.
And that together with this Book His Majefly fent certain Inflru-
ftions to the Bifliops of that Kingdom ; that notwithflanding He
had eftablifhed it by His Authority, yet they fhould proceed with
all moderation, and difpence with fuch things contained in the
Book as they fliould find them, either not well perfwaded of them,
or willing to be informed concerning them, or did hope that time
and reafbn might gain to a better belief of them.
The time appointed for the firff reading of the Servlce-Book in
all Churches was Ea/hr-dav 1637. which was pubhfhed by Procla-
mation. At which time ( as the King declareth ) no fymptoms
of any confiderable oppofition did appear, yet upon goocl confide-
ration ; and for the further tryal of Mens minds, the readino- of it ^
was delayed till the 2^d of j/^Iy next enfuing, to the end that the
Lords of the Seffion, ( which in Etioland are called the Judpes of
Caufes in Term-time in Wefiminfhtr-Hall^ and others who had any
Law-bufmefs might fee the fuccefs of it before the rifing of the
Seffion, which always ends the firft of^/;/^-/,/, and fb niighr, at
their return into the Countries, report the receiving of this Book
at Edmbnrgh, it being fb ordered, that the Book fliould be read
only in the Churches of EA-nbnrgh^ and Parts adjacent. And no-
tice hereof was publiflied in the feveral Pulpits the Sunday imme-
diately before.
Accordingly on the i7,d of J/z/V the Service-Book was bef^un
to be read in Edinnbnrgh in St. G/AA Church, (commonlv cal-
led the great Church ) where were prefent many of the Councel
both
i^ Caroli
King Jumis
Hies vvliilfi; the
Liturgy was
in framing.
^\\ngchar!esi.
purfucs tlie
fame Dtrij;n,
and puttetli
the Liturgy
in priiir, as
now it is com-
pofed.
Advifing the
Eifliops to
proceed with
moderation.
The Liturgy
appointed to
be read on
Eajti r-djy.
But deferred
till the2 3(iof
It nier tl.en
withinteirup-
tion.
388
An. 1637.
Hifiorical CollctUons.
A Srool
tl rown at tlie
Eiiliops Head.
* /. f. Alder-
men,
Srones thrown
in through the
Windows into
the Church.
The Bifliop
ID great dan-
ger.
The Service-
Book read in
other Chur-
clies, but in-
terrupted.
The Earl of
Roxborough,
and the Bi-
fhop pelted
with Stones.
A Proclamati-
on made a-
gainft the Tu-
mult,
both the Arch-bifhops, and divers other Plfliops, the I ords of the
ScflTion, the Magiftratcs of Edinburgh, and a great Auditory of all
forts of People.
No Iboner was the Book opened by the Dean of EdenhurQh., but
a number of tlie meaner fort ( many of them being Women )
with clapping of their Hands, execrations and outcries, raifed an
hideous nolle and hubbub. The Bifhopof Edifthurghy who was to
Preach that day, ftept into the Pulpit ( being immediately above
the Reading-place ) with thoughts of appealing the Tumult, and
prefently a Stool was thrown at his Head, but diverted by the hand
of one prefent. The Arch-bifhop of St, Jndnws, Lord Chancel-
lor, and other great Perfons, having no reverence from the Multi-
tude, but entertained with clamors and imprecations, the Provoft,
* Bailiffs, and others of the Conncel of the City, came from their
places, and wjth much ado, and in great contufion, thruftoutof
the Church thole People that had made the Tumult, and Ihut tlie
Church doors againft them. After which the Dean read the Ser-
vice. But fuch were the out-cries, rapping at the Doors, throw-
ing in of Stones at tlie Windows by the Multitude without, who
cry'd a Pape, a Pape, Antichri^^ pill him do-vn., that the Bailiffs
of the City were inforced again to leave their places to appeaie
their fury.
Service and Sermon being ended, the Bifhop of Edenhiiroh, who
had Preached, repairing to his Lodging, diftant not many paces
from the Church, was invironed and near trodden to death by the
People, had he not been fuddenly relcued by ibme who obferved
his danger, and by whom he was recovered, almoft breathlefs, in-
to his Lodging.
The fame iriorniflg the Service was read in the next Church to
St. Giles's, yet not without noife and irurjiult, and in the Gray-
fryars Church, theElefted Bifhop of Argik beginning to read, was
by the Peoples exclamations and threatnings inforced to give over,
after the reading of the Confeffion and Abfolution,
Between the two Sermons, the Provoft and Bailiffs of Eden-
bHvh being called by thofe of the Kings Councels that were in
Town, then affembled at the Lord Chancellors Lodging, under-
took to do their uttermoft for the peaceable reading of the Service
the afternoon ; accordingly the Book was read in St. G/7e'.r, and
m
fbme other Churches ; but after Evening-Prayer the Tumult was
far greater than in the Morning ; for the Earl of Roxbomugh , Lord-
Privy-Seal, returning to his Lodging with the Bifliop o^ Eden-
hnroh in his Coach, had his Coach and Coach-man lb pelted with
Stones, and preffed upon by the Multitude for having the Bifhop
in it, that they were brought in danger of their lives, and with
much ado recovered their Lodging, and were only preferved by
the help of his Lordfhips Footmen, who with their Swords kept
off the croud of People.
The next day the Council caufed a Proclamation to be made in
deteftation of this Tumult, and to difcharge all tumultuous meet-
ings and concourfes of People in Eder?b/irgh upon pain of deatli.
The Magiftrates and Perlbns in Authority difavowed thele difor-
ders, wherein none of quality had yet appeared.
After
Hificrical Colleciions.
389
After thefe things the Magiftrates of Edcnbur^h were cominan-
ded toaflemble the Council of the City, to rcfolve what courle
fhould be held for finding out the Movers and chief Aftors in the
Uproar, and to make report to the Privy-Council , which report
they made accordingly with a detellation of that Tumult, and a
promife of their bed: diligence to find out the Authors and Abettors
thereof, and their beft ailiftance for the quiet eftablilhing and read-
ing of the Scrvice-Book in all their Churches-
The Minilfers of the City being loth to undertake the readina of
it, without fecurity given for the lafety of their Perfbns, the Lords
of the Council ordered, that the Provofl:, Bailiffs, and Town-Council
oi' Edz/ihroh, Ihouldadvile concerning fbmc Obligatory Aft to be
made tor the peaceable Hxercife of the Service-Eook, to which they
agreed, and promifed, that ( fince their former Readers had refu-
fed to read that Book ) if in the mean time the Minifters them-
lelves would read ic, they would take order for tJieir fecurity, and
alio for their fetled Maintenance ; and fo an Aft was drawn up by
the Kings Advocate, to which the City-Magiftrates affented, and
which the Council palled, and entred it into the Council-Book.
This Uproar at Edef^bur^h was highly diipleafing to the Court of
England, and the Arch bifliop of Canterbury exprelled his thoughts
of the management of this Bufinefs by the Billiops and othei^^s in
ScotLind, in his Letter to the Earl of Tr^^'^.z/?-, dated Angufi 7. 16 j'7.
in thefe words.
Tk Jych-hiflyop 0/* Canterburies Letter to the Lord Trcquare,
Dated Aug^uH 7. 16^^.
My Lord,
TT/jini' you know my opinion y how I mould have Ch/trch-Bufinefs car-,
ried; were I as great a Mashr of Men^ as ( I thank God ) I am of
Things; "'tis true^the Church as well there as elfeivhcre hath been over-born
by violence, both in matter of Maintenance and Jurifdiclion : But if the
Church mil recover in either of thefe, /he and her Governors mufl Pro-
ceed, not as (Ik was proceeded again]}, but by a, conflant temper (he mufl
make the World fee (he had the wrong, but offer none ; And ftnce Latv
hath folhved in that Kjngdom, perhaps to ?nake good that ivhich was ill
done ; yet fnce a Law it is, fuch a Reformation or Reftitution would he
fought for, as might (land with the Law, and fome expedient be found
out how the Law may be by fome jufl expo fit ion helped^ till the State jhall
fee cauft to abolijh it.
His Majefy takes it very ill, that the bufinefs concerning the flablifj,
ment of the Service-Book hath been fo weakly carryed, and hath great
reafon to think hitnfelf and his Government difljonoiired by the late Tu-
mult in Edenburgh July 25. and therefore experts that your Lordfljip^
and the refi of the Honourable Cotincilj fet your fives to it, that the
Liturgy may be efiabltfhed orderly, and with peace, to repair what hath
been done amijs : For His Majejty well knows the Clergy alone have not
power enough to go through with a bufinefs of this nature ; and therefore
ii not very well fatisfitd with them, either for the omiffion in that kind
to advife for ajjijiance of the Lords Council, or for the preparation
or
1 j Car oil.
The M]gi-
firjces of £-
denhrmoh en-
deavour ro
difcover die
A dors in the
uprojr.
The Miiiiftcrs
require pro-
tettion 111 rea-
ding theScr-
vKe-Book.
1037.
590
H/ftoncal Colle&ions.
Jk.i6^j.
or way thiy took. For certainly the Ptibltcation a rveek before, that on
the next Sunday the Prayers^ according to the Liturgy^ Jhould be read
in all the Churches of Edenburgh, was upon the matter to give thofe
that n'ere ill-affected to the Service time to communicate their thought Sy
and to premeditate and provide againfi ity as it is mojt apparent they
did.
Nor is His Majcjly well fttisfied ivith the Clergy , that they which are
in Authority were not advertized^ that they might attend the countenan-
cing^ of fuch a Service, Jo much tending to the Honour of God and the
Kjng ; And I am verily perfwaded, if that accident of the Marriage of
yqur Kjnfman had not carried your Lordjhip out of the City that dajy
fpme things would not have been altogether fo bad^ and my Lord Privy-
Seal would have had the better affiflance.
Neither was this the bejl Act that ever they did to fend away their
Letters apart y without acquainting the Council y that their Advert ife-
ments might have come by the fame Mejfenger, together with their joynt
advice, which way was bejl to punifb the offenders, at leaft the prime and
chief of them, and which to prevent the like diforders ; and after fo
long time of preparation to be to feek who jjyould read the Service, is
more than flrange to me, unlefs they think fuch a hufmefs can do it felf :
, but His Majejiy, out of His Piety and Wifdom, gave ( by the Mefen-
ger which the Bijljops fent ) fuch full directions ,. both to the Lords of
the Council, and the Lords of the Clergy, as 1 hope will fettle the buft-
nefs from further trouble. But the Proclamation which you have now fent
up to the Kjng 1 have not yet feen.
Of all the reft, the weakejt p.trt was the interdifting of all Divine
Service till His Majejties Pleafure was further known,- And this, as
alfo the giving warning of the publijjjing ,. His Majejty, at the fir ft
reading of the Letters, and report of the Fact, checked it, and comtnan-
ded me to write fo much to my Lord of St. Andrews, which I did; and
your Lordfljip, at the Council July 24. /pake very worthily againfi the
interdiifing of the Service : For that were in effect as much as to df-
claime the Work, or to give way to the infolency of the bafer Multitude,
and His Majefty hath commanded tne to thank you for it in His Name ;
but the difclaitniug the Book as any act of theirs, hut as it was His Maje-
jties Command, was mofi unworthy ; ^tis fnofi true, the Kjng command-
ed a Liturgy , and it was time they had one, they did not like to admit of
ours, but thought it more reputation for the?n ( as indeed it was ) to
compile one of their own ; yet as near as might be they have done it
well. Will they now cafi down the Milk they have given, becaufe a few
Milk-maids have folded at them ? / hope they will be better advifed,
certainly they were fiery ill advifed, when they fpake thus at the Council-
Bo ar d ; but, my Lord, of this there w.ts not one word in the Letter. So
I hope they have done with that^
Auguft 7. 16^7.
W. Cant.
At this time the Lords of the Council , as they complained
to the King of this difbrder, fb they fpared not to lay the greateft
blame of it upon the Bifhops, which appears from the following
Letter written by the Earl of Traquair to the Marquels of Ha-
fnilton.
My
H/fiorical Colleci/ony.
39^
A
Mr IVoh'e Lord^ _ ■ ■
T" th: meiihn of the Ccimcil here at Edenburgli the 23d of this
?i7ftu>;t^ ive ffl'wd /:■> much aj^pearanc: of troaule afjd (tir like to
be amottiji: peopk of a!l qita'itics and degrees^ upon the urging of thk
mv Sir vice-Book.-, that ne dnrf no longer forbe^tr to acquaint HU Ma-
jifry th.r--r!ih., atid huniUy torepreftitboth our Fears and our opinions^
hor to prevent the danoer at leaf:'-, our opinions of the way, we nould
n'ifJf His Majefy jhoiild keep therein , or before he determine what
courfe to take for pacifying of the prejent fir, or eftablifljing of the
Service-Book hereafter ^ wherdn ( all I will pre fitme to add to what the
Council hath written J is to intrcat your hardship to recommend to His
Majefy, that if he be pleafed to call to himfelf any of the Cler^y^ he
ivo'dd make choice of fame of them of the wifefl and mo fc film difpofiti-
ons ; for certainly fame of the leadmg Men amongfl them ai^e fo vio-
lent and forward^ and many tinns without Ground and true 'Judgment.^
that their want of right under flan ding how to compafs biijtnefs of this
nature and weight, doth often breed tis many difficulties., and their rafl)
andfolijjj expreffons ,and fometimes attempts both inpri%!ate andpublickf
havt bredfuch a fear andjealoufie in the Hearts of many, that I am confi-
dent ^ if His Majefly were rightly informed thereof he would blame them,
and ju fly think, that from this and the like proceedings arifs the grounds
ofnuny mi flakes amongfl m. They complairid that the former Aqes have
taken fom them many of their Rents, have robbed them of their Power
and fnrifdiBion, and even in the Church it felf, and form of Gods
JVorJhip, have brought in fome things that require Reformation • but
as the deeds of theft times, at the leafl the beginning thereof, wtre full of
notour and tumultuary difordcr, fo jhall I never think it will prove for
the good either of Gods Service or the Kjngs, by the fame ways or man-
ner of dealing to prefs to re^ifie what was then done amifs. ]Ve have
a wife and judiciom Mafier, who will nor can urge nothing in this poor
Kjngdom, which may not be brought to pafs to His contentment ; and I
am mofl confident, if he fljall be gracioufly pleafed to hear His faithful
Servants inform Him of the truth, he (hall direct that which is jufl
and right ; and with the fame affurance I do promifi Him Obedience.
The Interefl your Lord/hip hath in this poor Kjngdom, but more particu-
larly the Duty you owe to His Majefly, and the true refpeci I know you
have ever carryed to His Majeflies Honour, and the good of His Ser-
vice, makes me thus bold to acquaint your Lordjhip with this buflnefs,
which in good faith is by the folly and mif-goverment of fome of our
Clergy-men, co?ne to that height, that the like has not been feen in this
Kjngdom of a long time ; but I hope your Lordjhip will take in good
part my true ineaning, and ever conjlruB favourably the affefiions
Edenburgh Auguft
7. 1657.
Traquair.
Eec
As
I 5 Car oil.
A<ig4 7.
Dr. T.MKfi
Memoirs of
Duke Hamil-
ton.
592
Hifionccil Collect 'GHf.
J».i6^y.
* Memoirs of
tlie Dukes of
Hamilton, jo.
29,90,31.
I
As concerning^ the carriage of tlie Birtiops and Clergy in Scotland
before thele Tumults happened, there is a Learned Lerfonof that
Nation, a friend to Moderation in Epiicopal Government, anddif-
liking violent Aftions of the Covenanters, m ho hath lately wtitten
a * Hiftory called Memoirs , wherein, among other remarkable
things he hath this PalTage.
THe People of Scotland had drunk in a deep prejudice againft
every thing that lavoured of Popery : this the Bifhops
judged was too high, and therefore took all means polhble to lellen
it, both in Sermons and Difcourfes, mollifying their Opinions, and
commending their Peribns, not without fome reHeftions on the Re-
formers. But this was Co far from gaining their Defign, that it a-
bated nothing of the Zeal was againft Popery , but very much
heightened the rage againft themlelves as favouring it too much.
There were alio fiibtile Queftions ftarted (bme years before in
Holland about Predeftination and Grace ; and Armimm his opinion,
as it was condemned in a Synod at Dort^ fo was generally ill repor-
ted of in all Reformed Churches, and no where worte than in
Scotland \ But moft of the Bifhops, and their adherents, undertook
openly and zealonfly the defence of thefe Tenets, Likewife the
Scotttjh Minifters and People had ever a great relpefl to the Lords-
day, and generally the Morality of it is reckoned an Article of
Faith among them : but the BiOiops not only undertook to beat
down this opinion, but by their Praftifes exprelTed their negleft of
that day ; and after all this they declared themfelves avowed Zea-
lots for the Liturgy and Ceremonies of EngLwd, which were held
by the Zealous of Scotland all one with Popery ; upon thefe Accounts
it was that they loft all their Efteem with the People.
Neither ftood they in better terms Mdth the Nobility, who at
that time were as confxd&rahle as ever Scotland fa-w them; and fb
proved both more fenfible of Injuries, and more capable of refen-
ting them. They were offended with them, becaule they feemed
to have more Intereft with the King than themfelves had, fo that
favours wxre mainly diftributed by their recommendation : they
were alfo upon all aff^airs, nine of them were Privy-Councellors,
divers of them were of the Exchequer, Spottifvood, Arch-bifhop of St.
Judrev.'s was made Chancellor, and A/.?.x: ■'■?// Bifliop of Rofi was
fair for the Treafury, and engaged in a high rivalry with the Earl
of Traquair, then Treafurer, which tended not a little to help for-
ward their mine. And befides this they began to pretend highly
to the Tyths and Impropriations, and had gotten one Learmonth a
Minifter prefented Abbot of Lindoris, and leemed confident to get
that State of Abbots, with all the Revenue and Po\\'er belonging
to it, again reftoredinto the hands of Church-men, defigning alio,
that according to the firft Inftitution of the CoUedge of Juftice,
the half of them fliould be Church-men.
This could not but touch many of the Nobility in the quick, who
were too large Iharers in the Patrimony of the Church, not to be
very fenfible of it.
• They were no lefs hateful to the Miniftry, becaufe of their Pride,
which was cryed out upon as unfiipportable. Great Complaints
were
Hifiorical ColleBions.
393
were alfb generally made of Simoniacal Paftions with their Ser-
vants, which was imputed to the Mafters as if it had been for their
advantage, at leaf!: by their allowance : They alfb exa£bed a new
Oatli of Intrants, ( befides what was in the A£l of Parliament for
obedience to their Ordinary ) in which they were obliged to obey
the Articles of Perth^ and llibmit to the Liturgy and Canons :
They were alfb making daily Li-roads upon their Jurifdiction, of
which the Minifters were very fenfible, and univer^lly their great
rigour againft any that favoured of Puritanifm, together with their
medling in all Secular Affairs, and relinquilhing their DiocelTes to
wait on the Court and Council, made them the Ob)e6l of all Mens
fury.
But that which heightned all to a Crifts, was their advifing the
King to introduce fbme Innovations in the Church by His own Au-
thority ; things had prolpered lb ill in general AlTemblies, that they
thought of thefe no more ; and in the Parliament 163^. that finall
addition to the Prerogative, that the King might appoint what Ha-
bits He plealed to the Clergy, met vigorous oppofition, notwith-.
ftanding the King leemed much concerned for it, thofe who oppo-
fed it being Oiarply taken up, and much neglefted by His Majerty,
which fluck deep in their Hearts, the Bifliops bearing all the blame
of it.
At this time a Liturgy was drawn for ScotUftd, or rather the
Enffliflj re-printed with that Title, fave that it had Ibme Alterati-
ons, which rendred it more invideous and lefs latisfaftory ; and af-
ter long confulting about it, and another Book of Canons, they
were at length agreed to, that the one fhould be the form of the
ScottifJj Worfliip, and the other the Model of their Government,
which did totally vary from their former Praftifes and Conftituti-
ons, and as if all things had conlpired to carry on their ruine ; the
Bifhops not fatisfied with the General High Commiflion-Court,
procured Warrants from the King for fetting up fuch Commiflions
in their feveral Dioceffes, in which, with other AfTeffors, Mini-
fters and Gentlemen, all of their own nomination, they might pu-
nifh Offenders.
That Avas put in Praftife only by the Bifhop of Galloway ^ who
though he was a Pious and Learned Man, yet was fiery and paflio-
nate, and went ^o roundly to work, that it was cryed out upon
as a Yoak and Bondage, which the Nation was not able to bear.
The Bailiffs of Edenburgh troubled ( at leaft leemingly ) at the
Tumult on the 2-^d of Jn-ly^ writ this enfuing Letter to the Arch-
bifhop of Canterbury.
Moft Reverend Father in God, and our very good Lord,
W'E regrait from our Hearts that Tun: nit )vhich did fall out in
our Churches^ that day of in-bringing of the Service-Book,
wherein now thefe of His Makefiles Council^ who have laboured the tryal
thereof^ rvill give teftimony of our Innocency fime that time, and how y
Jince the rifmg of His Ma]efiies Council in this ferial time, we have
daily concurred with our Ordnary^ and our Mini fry for fetling of that
Service-Book, as the Right Honourable the Earl of Traquait, Lord
Treafurery with the Bipops ^Galloway 4»i Dunblane, w/// bear
E e e 2 witnefsy
1 1 Caroli-
Aiigiifl 19,
A Letter from
the Magi-
ftratesof K-
denburgh, con-
cerning the
Tumult, to
the Arch-bi-
fhop of Ctm-
tirbury.
594
Hiflorical ColleBiom.
An. 1637. witnefs^ who hit"je [pared fitithtr fains nor atttndance to bring th.it p/ir-
pofe to a good Conclusion.
And althouoh the poverty of this City be great ^ (being dmofi ex-
hmfied with ptiblick and. comtaon works ) yet we have not been wanting
to offer good means .^ above our power ^ to fuch ds would undertake that
Service ; a^id in all things wherein we have been required, we have ever
been ready, really to approve our felves obedient ^ and Loyal Subjetls to
His Majefly in all His Royal Commandinents, which wc have ever vow-
ed to obfervt to our lives end. And being infinitely obliged to your
Graces Favours, we now prefiime, by theje Lines, to give your Grace
that af^urance of obedience upon our part in this pitrpop, and in all other
purpofes, wherein we ?nay contribute to the advancement of His Make-
files Service, or cm be expe^ed of good Subje&s, whereof ( if His
Majefty by your Grace jJjall be pleafed to reji affrired, whatfoever any
other pall fuggefl ) we will accept it from you as a great accumulation of
favour ; for all which your Grace /hall ever find us mojl thankful Remem-
brancer Sy and mojl ready really to exprefs our thankfulnefs, when-everwe
fljall be made fo happy , as your Grace (}j all have occafion to 11 fi our Ser.
vice. Thm from our Hearts wijhing yon all Hajrpinefs, we kifs your
Graces Hands,
Edenburgh this i()thoi
Angufi i6^j.
Your Graces moft Affeftionate and
Humble Servants the Bailiffs of
Edenburgh,
y. Cockrane, )
An. Ainpe, ( ../^
J. Smith, (Saihffs.
C. Hamilton, ^
Divers Minifters and People furioufly oppoled the reading of the
Service-Book, and prefented this following Petition to the Lords of
the Council ; beginning thus :
My Lords of Secret Council. Vnto your Lord/bips humbly means
and (Jjews,
WE your Subjefts Mr. Alexander Henderfon, Minifter at Len-
chars, Mr. John Hamilton, Minifter at Newburne, and Mr.
' James Bruce, Minifter of lyings-Barnes, that M^here \VQ M'ere re-
quired of late, by the Moderator of our Presbytery, to receive
two Copies of the new Book of Common-Prayer, and declaring
our felves willing, each of us to receive any of the laid Books to
read, that we might know what is therein contained before we
could promife to praftile it ; alledging, tliat in the matters of
Gods Worfhip we were not bound to blind obedience. It was re-
fufed by us, and taken out of fbme of our Hands ; and yet we are
now charged with Letters oi Homing, decreed by your Lordfhips
upon a Narrative, that we have refufed the faid Books out of
Curiofity and Singularity. To provide each one of us two of the
faid Books for the ule of our Paroches, which hath made us, who
were never before acquainted with any Charge from Authority,
and knowing no other way ^o juft and void ot offenee to have re-
' courle
Hiftorkal ColkBiom.
395
courfe to your Lordfhips ; moll humbly entreating, that the
Charge may be fulpended for the Reaibns following, t'lrjt, Be-
caufe this Book is neither warranted by the Authority of the Ge-
neral Jfitmbhy which are the Reprefentativc K^irl: of this King-
dom, and hath ever fince the Reformation given dircdions in
matters of Gods Worlliip, nor by any Aft of Parliament, which
in things of this kind hath ever been thought necelTary by His Ma-
jefty, and the Eftates. Secondly^ Becaufe the Liberty of the true
Kirk, and the form of Worfhip, and Religion, received at the
Reformation, and univerfally praftiled fince, were warranted by
the Afts of the General Aflemblies, and div^ers Afts of Parlia-
ment, efpecially of the Parliament 1527. and the late Parliament
'id'^l- 'thirdly^ The Kirk ol ScotLwd'vi, a free and Lidependent
Kirk, and her own Paftors fhould be moft able to dift'ern and di-
rect what doth beft befeem our meaflire of Reformation, and what
may leem moft for the good of the People. Fourthly, It is not
unknown to your Lordlhips whatdifputing, divifion, and trouble
hath been in this Kirk, about fome few ot the main Ceremonies
contained in this Book, which being examined, as we fliall be
ready ( a competent time being affigned by your Lordfliips) to
Ihew, will be found to depart far from the form of Worlhip and
Reformation of this Kirk, and in Points moft material to do all
near to the Kirk of Rome ; which for Herefies in Doftrine, Su-
perftition and Idolatry in Worfhip, Tyranny in Government and
Wickednefs every way, is as Antichriftian now as when we came
out of her. Fifthly, The People have been otherwile taught by
us, and our Predeceflbrs in our Places, ever fince the Reforma-
tion, and (b it is likely they will be found unwilling to the change
when they fliall be alfayed, even where their Paftors are willing.
In reipeft: whereof the (aid Letters of Horning^ whole efFeO: and
execution thereof ought to be fuf[:)ended fimplkiter in time com-
ing. Therefore we befeech your LordiTiips, that we may have
Letters direO:, charging the Perfbns who have caufed this Charge
againft us to compeir perfbnally, and to bring and produce the laid
Letters of Horning^ with the Execution and Indorlations thereof
before your Lordfhips at a certain day,to be feen and confidered of,
and in the mean time to lufpend them , and your Lordfliips
Anfwer, We humbly pray.
To M'hich this fliort Anfwer was given by the Bifhop 0^ Rofs;
letting tlie Petitioners know, That whereas they pretend ignorance
of what is contained in the Book, it appears by their many Obje-
fl:ions and Exceptions in all parts of it almoft, that they arc too
well verfed in it, but have abufed it pitifully ; the Bifliop afferting,
that not the General Affembly, (which confifts of a Multitude)
but the Bifhops have the Authority to govern the Church, and are
the reprefentative Church of the Kingdom. That they will never
be able ( do what they can ) to prove what is contained in the Ser-
vice-Bookto be either Superftitious or Idolatrous, but that it is one
of the moft Orthodox and perfect Liturgies in the Chriftian
Church.
Now
I ^ Caroli'
39^
Hifioncal ColleBions.
An. 16^7.
Words pre-
fcrihed at the
delivery of
the Sacrament
according to
the Engltjh
Liturgy.
But part of
the words at
delivery of
the Sacra-
ment, omitted
in the Scotch
Liturgy.
NOw' that which ftaitled the Scots moft, as to the Service-Eook
in Point of Popery , was concerning the words prelcri-
bed therein to be uled at the receiving of the Sacrament in
tlie very deUvery of the Bread and Wine after Confecration, where-
in there M'as this Alteration made by way of an hdex Expttr^ato-
rim, ( as the Scots termed it ; ) for the ancient E.ngli(}} form flood
thus in the Liturgy, 'viz,. J he Body of our Lord "Jt-fin Chrifi which
was given for thee., preferve thy Body and Soul unto EverUfiing Life.
And take and eat this in Remembrance that Chrifi dyed for thety. and
fed on him in thy Heart by Faith' with Thankjgiving.
The Blood of our Lord Jefus Chrift which was fljed for thee^ fre-
ferve thy Body and Soul unto E'verlajiing Life. And drink this in Re-
memhrance that Chrifis Blood was fhed for thee,, and be thankful : But
the latter words, viz,. And take and eat this in Remembrance that
Chrifi dyed for thee, and feed on him in thine Heart by Faith with
Thankfivin^y in the one ; And drin^this in Remembrance that Chrifis
Blood was /bed for thee^ and be thankful, in the other, were left out;
and the Party Receiving is only to fay Amen. And accordingly the
laid latter PalTages were omitted in the Printed Service-Book ;
which remarkable Alteration gave the Scots occafion of Jealoufies,
that it was done to conform to the very Roman Mtfal^ and order
of the Mafsy as foUoweth.
Concerning
Tranfiibftantia-
tion.
Viz:.
The Body of our Lord fefus
Chri(ly which was given for thee,
preferve thy Body and Soul unto E-
ver la fling Life ; to which the
Party fhall fay Amen.
The like to the Blood of our
Lord Jefui Chrifi: which was fhed
for thee, preferve Scc to Life E-
ternal. Amen.
The ^man CyMiffdj viz.
Corpm Domini nofiri "Jefu
Chrifii cufiodiat Animam meam
in Vitam /Eternamy Amen.
Sanguis Domini nofiri 'Jefu
Chrifii cufiodiat Animam meam
in Vitam JEternamy Amen.
Hence x\\s.Scots apprehended it was a Defign to introduce a Lran-
fubfianttatwn of the Bread and Wine into Chrifts very Body and
Blood, and an External Receiving of them with the Mouth, to
make a compleat Sacrifice of the Maf ., which thefe Expunged
Claules do exprefly contradiQ; \ and takes away all opinion of any
Tranfubfiantiatton, or Corporal Eating of Chrifts Body, or drinking
his Blood in the Sacrament
The Arch-bifhop oi Canterbury writes a Letter to the Arch-bifliop
of St. Andrews, dated September 4. 16^7. and fomuch of it as con-
cerneth the late Tumults about the Service-Book in Scotland, fol-
loweth in thefe words.
Touching
Hiflorical CoUeciion
X.
397
Touching the Tmnult^ I cm fay no more th.tn I h.ive already^ and
for the cafting of any fault upon your Grace ^ and the reft of your
Brethren, as if the thing were done precipitately^ 1 think few Men
will belie've that ; but that which is thought here is, th.tt though you took
advice among your felves, yet the whole Body of the Council wm not ac-
quainted with all your determinations, nor their advice taken, nor their
Power called in for afjiflance, till it was too late j dnd that after the
thing was done, you con fulted apart, and fcnt up to the KJng without
calling a Council, or joyning the Lay-Lords with yon ; whereas allwas
little enough in a Bufmefs of this nature, and fo much oppojed hy fome
FaBiom Men gathered (^itfeems^ purpofely together at Edenbiirgh,
to difurb this Bufinejs : And indeed, my Lord, you could not in this par-
ticular have engaged the Lay-Lords too far ; and if any Lord here
Jpeak too much when he thought the Service might have been received
throughout all that Kjngdotn in one day, I hope your Grace falls as much
too fliort on the other fide ; for I hope it will be fetled in far lefs time
than [even years. And whereas you write, that the fault is ?nojl in your
Miniflers^ I eafily believe that to be true, but then they fljould have been
delt withal before-hand, and made ply able, tf^ecially in Edenburgh, or
elfe fome others appointed in the room of fuch as dijliked. And fince
your Grace is of opinion, that a [harper courfe would do more good, and
that you would have taken fuch with Mr. Ramley, ( if my Lords had
not altered your opinion ) His Majefly leaves you to take that courfe
both with him and others as you (hall find fitteft for His Service, and
the Churches. And for the Poftfcript, I am forry as well as you for
Mr. Rollock, and that is all I have to fay of him ; fo defiring God to
blefs you through thefe Troubles, I leave you, &C. ^
September 4. 1637.
W. Cant,
On September 11. the Arch-bifhop of Canterbury writ another
Letter to the Earl of Lraquair, wherein he takes notice, that the
Puritan Party receives incouragement by the difturbance given to
the reading of the Service-Book.
Arch''Btf}oop of Canterburies Letter to the Lord Traquair,
September 11. 1637.
My very good Lord,
THive received your Letter 0/ Augult 20. and am very glad to read
in them, that mine ca?ne fafe to you., by your Servant '. For the
Bufinejs, I had fome little Inkling given me by my Lord StrivHng about
the fiay of the Service-Book ; but till I read your Letter, I did not be-
lieve it poffible that way fljould be given to m Inter diH ion, ejpecialiy
confdering how ftrongly you had ever oppofed it, and withal how wea^
and uncounfallable ( at leaf in my judgment ) the thing it felf was, for
they could not but forefee, that that courfe would add a great deal of
heartning and encouragement to the Puritan Party '. And therefore ^tis
no
1 \ Caroli-
The Arch-bi-
fhop of Can-
terburies Let-
ter to the
Arch-bifhop
aiSi,Andrtivs>
398
Hjjiorical CollcEiions.
An. 1637,
no ivondtr^ fuel) Lords, and others as were ill-affecJed to the L/t.'frgTy
were eafie in giving way to that Council j which they could not hut fte
would advance their own ends ; but that my Lord r7/"Ro{s fhould g.'ve
the advice, and rny Lord of St. Andrews follow it with fuch ftiffntfs,
. may be a wonder to any man that knows them and the Bufinefs.
My Lord St. Andrews hath lately written to me, that my Lord of
Rols was gone into his Diocefs ; but for my part, I did not thinkth.it
all the rtfl would have gone away, and left the Bufinefs ; for thsy ctnnot
but thtnk, that the adverfe fart would make ufe of the prefnt time to
pit further difficulties upon the Work ; and therefore they Should have
been as careful to uphold it, my Lord of Rofs e[pecially, whofe Hand
hath been as much in it as the moft. But fince they are qone. His Ma-
jefly takes it extreamly well from my Lord of Edenburgn , Galloway,'
and Dunblane, that they ft ay and attend the Buftnefs as well as they can;
but he hath exprefty commanded me to give your Lordfuips thafd:s for
ftaying with them, and keeping them fo well in heart ; for as the Buft-
nefs IS now foyled, if you do not ftiekclofe to Gods and the Kjngs Ser-
vice in ity it will certainly fuffer more than it is ft it (jjould.
His Majefty likewife takes it exceeding well from your Lordfjip, thst
you have dealt with the City of Edenburgh for maintenance for Juch as
f jail take upon them to read the Liturgy ; and takes it ;n^ell from the City
it felf from whom I have received a very fair difcreet Letter, which I
have Jhewed His Majefiy, and writ the City an Anfwer by this RetvrfSy
and given them His Majefties thanks, which indeed He commandedme
to do very heartily : And in truth they deferve it, efpecially as the Limes
(tand.
As for the Minifters of Edenburgh, I know the refufal of Mr.
Ramfey and Mr. Rollock, but that any other of them ftuck at it, or
that any Bi/hdps feem not to be forward, is more than I heard till now ;
but for that of Mr.^s.mfcy, or any of the Bijhops that would have
fomewhat amended, if that jbould be yielded unto now ( ttnlejs they
(hoidd be able to give fuch reafon again ft it, as I know they cannot ) it
would ?nightily dijhonour the Kj^gt n^ho to my knowledge hath carefidly
tooled over, and approved every word in this Liturgy ; and I doubt it
would utterly deftroy the Service it felf, for while one man out of a hu-
mor diftikes one thing, and another another thing, by th.it time every
mans diftike were fitisfied, I doubt there would be but little left to ferve
God with : Be fides, it is not improbable, but that fome men would be as
earneft to have the felf- fame thing kept in, which others would have fo
fain thruft out, what ere it be ; and that may make it grow uf into a
formal conteftation upon fome particulars, and quite diftemper the Ser-
vice. But whereas you write, 'That fome Biffjops fpeak plainly, that
if their opinions had been craved, they would have advifd the amend-
ing of fome thing : Truly for that, and in that way, I would with all
my heart they had feen it ; and why my Lord of St. Andrews, aad
they which were tr lifted by the Kj^gy did not difcreet ly acquaint e^uery
Bipjop with it, ( confidering that every Bifijop muft be nfed in their fe-
ver al Dioceffes J I know no reafon ; and fure I a?n there was no prohi-
bition upon them. And fince I hear from others, that fome exception
is taken, becaufe there is more in that Liturgy in fome few ParticuLirs,
than is in the Liturgy in England , why did they not then admit the
Liturgy of England without more ado ? But by their refufal of that^
and the diftike of this, ^tis more than manifeft they would have neither,
perhaps
Hiftorical ColleBions.
399
perhapSy yea^ mm at all tvere^ they left to themfdves. Bity my Lor A
to your felf only, and. in your ear^ a great favour you jJjould do me^
if you will get my Lord of Galloway to fet me down in brief Propof-
tio/fs, without any further Difcourfe , all the exceptions that are taken
a<rainfi the Liturgy hy Ramley, Rollock, or any other ; and I could
be content to know who the Bifhops are , who would have amended
fomcthin^^ , had they been advifed withy and what that is which they
would have fo araendedy &c.
September ii.
1637.
Will. Cant.
On the 2 i^thy and 26th. there hapned fbme further difturbances
by the confluence of the People, as the Lords of the Secret-Coun-
cil were fitting two days together, with wliich the Magiftrates of
Edenhurgh feemed to be much diifatisfied ; and having at laft quie-
ted the People, thought fit to write this enfliing Letter to the
Arch-Bifhop of Canterbury y dated the 26th. of Septe?nher i^'^J.
Moft Reverend Father in God, and our very Good Lord.
13 Caroli).
WE do recei'Ve yoWr Gyaces kind Letter y and from our hearts we
do render your Grace mojl hearty thanks y and as we have hi-
therto found your Jpecial favour in this matter', concerning the lately
imprinted Service-Book, where-anent we did write to your Grace for-
merly y fhewing our dutiful and obedient refolutiony not only in our fives,
but in the greateft and befl part of our InhxbitantSy of whom from
time to timey as we have had mofl confident ajfurance, fo now we mujl
again become new Suitors at your Graces hands , to receive from us
a true information of the difference of the prefent timey and of that
when we did prefume to write the occafons thereof: which isy That f nee
our laft there hath been fuch an innumerable confluence of people from
all the corners of this Kjngdo?n, both of Clergy and Laity, and of all
degrees, by occafion of two Council-days , and Juch things f^ggcft^d to
our poor ignorant people y that they have razed out what we by great and
continual pains had imprinted in their mindsy and diverted them alto-
gether from their former refolutions ; fo that now when we were urged
by our felves alone, we could not adventurcy but were forced to fuppli-
cate the Lords of Council to continue us in the ft ate they had done
the yeft of the Kjngdbom, having hitherto forborn^ either to combine
with thttn, or to countenance them in their Supplications ; yet we will
not forbear to do our Mafters Service to our power, but flj all ft tidy to im-
print in their mindsy what hath been taken away : in the interim we will
humbly beg your Graces Favour and InterceJJion with His Majeftyy that
we may be kept ftill in His Favoury which we do efleem our greateft
earthly felicity , and that what courfe ffjall be taken with the reft
of this lyingdom in that matter , who have ^rtfented many fipvli-
cations, and with whom we have in no ways co?nbined, that the fame
and no other may be taken with nSy wherein we are confident to prevaily
as much as any other within the Kjngdom ; and in all things pjall en-
deavour nothing morcy than that we may approve our felves mo[l du-
\^_ ,,. ^^.F f f , . ,. .l(^c(j --
A Letter from
tlie Magi-
Aratesof
Edenburgh, to
the Arch- Bi-
diopofCiis-
tabitry.
ZJ.OO Hiflorical Collections.
An. 16'^'] .\ti fill and obedient Subjects. Thus relying upon your Graces F/tvour, as
<^''''>/~''^ our mofi ajfnred refuge y ive kifs your Graces hands, and rejl^
All things at
prefent feem-
edtobe quiet.
A great Con-
flux of People
at Edmburgh.
Three Procla-
mations pub-
liOied.
Edcnbnrgh this 26th
oiSeptemb. 1637.
Your Graces moft Affeftionate and Hum-
ble Servants, the BayUftsof Edtnburgh,
Ch. Hamilton. ■\
"^arnes Rucheid.C^ ,.rr
J. Cochrane. (Bayhffs.
J. Smith. J
AL L Bufmefs now for a time feemed to be hufhed and calm-
ed, by realbn of the long Vacation, which in that Kingdom
beginneth always on Lammas day Angufl the firft, and the Harveft
which drew all Ibrts of People from Edenburgh, except the Citi-
zens ; fb that little or nothing was done between the laft of jUtly
and firft of October, fave that ibme Minifters, as is before mentio-
ned, Petitioned the Lords of the CouiKil for fulpending the Let-
ters whereby they were charged to receive the Service-Book.
But as loon as Harveft was done, the conRux of all forts of the
Kings Subiefts, NobiUty, Gentry, Minifters and Burgefles, from all
parts of that Kingdom, came to be fo great at Edenburgh^ and af-
ter flich a tumultuous manner, as that a prefent infurreftion was
juftly feared, which forced the Council ( then aftembled at Eden-
buroh upon the day before appointed by them, viz.. the i ']th of
October ) to make three Proclamations, the firft to give notice, that
on that day nothing fhould be treated of at the Council-Table
concerning Church-bufineis , until the Lords might fee the rimes
and meeting of His Majefties Subjefts more quiet and peaceable ;
and therefore commanded all who were come thither about any
fiich bufinefs, peaceably to repair to tlieir own homes -u'ithin twen-
ty four hours, under the pains exprelTed in the laid Proclamation.
A fecond was for removing the Seffion (which in England is
called the Term ) from Edenburgh to Linlithgow for fear of prefent
danger, if this great concourfe of People fliould not fbme \\ay
be diverted and divided, efpecially confidering that thofe of Eden-
burgh were now apparently perverted and become very ill-affeft-
ed to the King and Council. A third Proclamation for bringing
in and burning a certain feditious Book newly difperfed amongft
our Subje£ls there, tending to Sedition and the Difgrace of
our Ecclefiaftical Government here in England. All which Pro-
clamations bore date the \']th.Qi O^obtr 1637, and were as fol-
loweth.
The
Hifiorical Collethons.
401
The firfi: Proclamation dated O&ober 17. 1637.
FSDiassmiiclj a0 it Ijatf) plcafcn t!)C £\iitQ;0 ^a^cffp, upoit tJiiicrsi
ffroo Eefpc ct0 anti ConfitJcratioii!5, to Qiot iLOacrant anD Di-
rccfion to tlje 10^0 of $;i0 $i9ajcft(C!5 J^^ftpCoiuicil, fo? oiflbiuino:
t\)c mcttim of tlje CounccI tW Cap, fo fat ass conccrnctl) niattcrsi
of tfjc C&urci> aim tfjat mty one tijat ijatD come to attcitn tOis
faitfiitcf^, rcpait to tfjcir oltm utueUinty^, etccpt fuclj perfong ajs fljall
make fenoton to tlje faio lo^tijj of Council |uft caiife of (tap, fo?
tfjcic pacttculat affairs x tfjercfo?e tlje fain tom acco^uinu to ioi0
^aieftie0 €)pcciai Olatrant anti Direction fent unto tljem, Ijane
tilToIDeti, ann tv tijc tenout Ijereof, no UM'ot tlje ^Drtino; of tU
Council tlji0 oap, in fo far ajs concernis tlje biifiitefjs afaoue UJ?ittcn ;
ann oitiains a i?3acer of Councel to pafsf to tlje '^create Crofss of
Edenburgh, anuto malte publication Ijercof; artD to commaim cDe=
tp one tljat Ijntl) come Ijitljer to attenti tljis bufinefs, to repair Ijome
to tljeir oton DtucllinffS iuitljin ttuentv four Ijoursx after t&e publica-
tion fjcreof, ercept fuel) pcrfonsi a0 fljall make knoton to tbc faiD
lorn, iuft caufc of tljeir furtl)er particular affairs in manner afo^e-
(m, unoer pain of Rebellion, anu of putting tljem to tlje l)0|n,
tuitlj certification to tljcm, tljat if tl)ep fail tljep fljall be tienotinceu
Eebeis, ann put to tljc Jpo?n, aitti all tljeir mobeable i^mw cfcijeat
to pi$ ^ajefties ufe*
The fecond Proclamation dated OEioher 17. 163 7.
FO?a0muc!) as it tatlj pleafeD tlje minjjs ^ajeffp , upon Uibers
great ann ff03n Confinerations Knoton to ipis ^ajelfp, to re--
moDe 6is Councel ann €)eIfion from tlje Citp of Edenburgh to
tlje 'Burffl) of Dundee: ^inn ttifjereas it is inconbenient at tbis
time to remobe it fo far, IM C^ajeftj) is jjraciouflp pleafen, tbat
tbis itei;t @>eirion fljall be bomen at tbe 'Burgb of Linlithgow, ann
tbe nert after tbe SD^nnarp bacants at tbe TBiirffb of Dundee, ann
tbere to remain, nuring $pis ^ajeflies pleafure: ann tberefbje tbe
fam lo^Sj acco?ninff to i|)is S^atefties fpecial nirection, o?nains
Spacers 0? Officers of armes to pafs ann make publication bereof
to all bis ^a^efties gcon €)Ubiects bp open proclamation at all pla=
it^ n?cnful, VDbctebp tbep can p?etenn no iguoiance tbereof, but
map prepare tljemfelbes to attain at LinHthgow ann Dundee ac^
co?ninglp*
F f f 2
A
I J Caroli'
The Cori-
courfe of Peo-
ple being
great at ilditi-
bnrgh are to
depart the
City, fearing
more Tu-
mults, &c.
To remove
theSeflTion to
ter to Dun die.
404
Hiftorical Colle&ions.
Jn. i6t,-}.
A Book Print-
ed againft
Englifh Po-
pidi Ceremo-
nies, obtru-
ded upon the
Kirkof i'wf-
/i2«^,called in.
A new Tu-
mult at Edin-
burgh.
A third Proclamation dated OBoher 17. 1637.
FQia0nuicl) £10 tlje Mm^ ^m^ 10 creUtWp info?incti, tbat t^ere
ijj a certain XCOfe cntitUlen, A Difpute againft the Englifh Po-
pifli Ceremonies, obtruded upon the Kirk of Scotland ; aiUJ ijatb
born fent ab?oati anti Hifpcrfeti in tW i^ingUom, vurpofclp t(s (lie tfje
!jcart!3 anH affcrtionis of tljc eubitctg from tbcirjjtic €)bcliiencc anH
aiicfffancc : anB t!)mfo?e tt ftatlj pieafcn $^10 Spa^cflp to jjiue £>?«
Uer ann IDireftian to iji0 Conncc!, tijat tiligcnt inquiip ano fearcfj
lie matte fo? tlje faOi TiBk* 3n5 fo? tljiiS effect t!jc faiH lojtis o^
tiain0 letters to Jjc tiirecten to make intimation ant pufaiication ta
all IM ^ajeflies %\ihitm-> tIjat fiicft of tljem ais liaue anp of tlje
fait '15o3k0, tJ?inff \\\ t^e fame to tl)e MM of i!)i0 i^ajeffie^ p?i^P-
Council, ijcttoirt tijetiate t£lM Proclamation ant tlje riap of
anti t!)e faiu 'BD)k0 being fa?ouo;ljr in, tljat tbe fame be pub-
licklp burnt, certifj)ing all ^10 cpaieaie0 ^ubje(t0, if anpoftljofe
030)1^0 fljali be foiintr, c? knotun to Ijaue be-n toitlj anp of tfjem, af
tet tOe time afoiefain, tijat tijep fljall incur tlje lilvS Cenfure ann
punifljment, a0 tlje autJjor map be fount to teferije, fo?anp tl)ine;
container in tijat 15o3k*
UPon the pubUfliing of thefe three Proclamations, and the in-
tended removal of the Seffion or Term from Edenburgh to Lin-
Uthgo)v^ a new Tumult fell out in Edtnburgh upon Ociobtr 1 8. againft
the Earl o^Jraquair and fbme of the Bifnops, whom the People in
their fury went about to have killed;(as it was apprehended)and the
Bifliop of Galloway as he was peaceably pafting along the ftreet to-
wards the Council-houfe,ruddainly an inraged multitude furrounded
him, and followed him with fearful curfing and exclamations clofe to
the Council-dore, where he was again encountred a-frefh with
anotlier multitude, who watched and lay in wait for his coming
thither, and whole fury exceeded words ; for in all probabiUty the
Bifliop had been pulled in pieces by them, if by Divine Providence
he had not been defended by Francis Steward, who with much
ado, got the Bifhop within the Dores of the Council-houfe, where
the Lord Chief Juftice ftaid for him : but when he was there, that
place of Higheft Reverence within that Kingdom, was no Sanftu-
ary for him ; for they continued demanding his perfbn, and threat-
ning him with death, the report hereof, and the danger of their
Lords lile was brought by Ibme of the Bifhops Servants prefently
to the Earl of Traquair, Lord Treafurer, and the Earl diWigton, one
of the Lords of the Council, who were then at a Lodging not
far from thence ; they came prefently v/ith their followers to the
relief of the Bifliop, but very hardly ( for the croud of the Muti-
ners ) could approach the Council-houfe where he was ; at laft
when M'ith much ado they got entrance, they found themfelves
in no better cafe then the Bifhop was, for the peoples fury meet-
ing with no proportionable refiftance, increafed the more; the
Lords thus befct in the Council-houfe, fent privately to the Lord
Provoft,
Hiflorical ColleUions.
405
Provoft, Bayliffs and Council of Edoiburgh, ( who were then af-
fembled in their own Council-houfe ) requiring them to come to
their refcue, and to take Ibme prefent order for their fafety ; they
by one Sir Ibom.is Thmnffm^ who indeed was an eye witnefs of
the truth of it returned this Anfwer, that they were in the fiime,
if not a worfe cafe themfelves, if the Lords without, did not pre-
fently pacific the inraged multitude ; that the whole ftreets were
peftered with difbrderly people ; that their Council-houfc was be-
fet without and thronged within, with their own threatning Ci-
tizens, who had vowed to kill all within the Houfe, unlefs they
did prefently fubfcribe to a Paper prefented to them, which for fear
of their lives they were forced to do : which Paper contained thefe
three particulars.
iv>/?. That they lliould joyn with them in oppofition to the
Service-Book, and in petitioning us for that purpole.
Secondly, That by their Authority they fhould prefently reftore
unto their Places and Pulpits, Mr. Ramfy and Rollock their two fi-
lenced Miniflers.
Thirdly, That they fiiould reftore unto his place one Hinder fon^
a filenced Reader. No better anfwer being returned, the Lord Jrea.-
furer and the Earl of JVig^tofi with their Followers, refblved to go
up to the Town Council-houfe, and to ule the uttermoft of their
Authority, or (if that found no refpe^t ) their beft perfwafions
for fetling the prefent Sedition : when they came thither , they
found the Magiftrates very much difcompoled, and greatly per-
plexed ; as much doubting wiiether ever they lliould efcape from
the place with their lives, yet they prefently entred into confulta-
tion with them, about what was litteft to be done in fuch an exi-
gent ; and finding now that the publick divulging of that Paper,
which the Magiftrates and Council of the City had fiiblcribed, and
that the open proclamation of it throughout all their turbulent
Troops, and at the Crofs, had a little aftwaged their furious rage,
the Lords begun to advife with the Magiftrates what was beft to
be done for the fafety of the Bifhop of Galloway ? whom they had
left befieged in the Council-houfe, it was thought fit by all, that
the Lords fhould return to our Council-houfe, and contain them-
felves therein till the Magiftrates might try what they could do for
calming the Commotion in the Streets : but no fboner had the
Lords prefented themfelves to the Streets, but they were received
with fuch violence, as they were forced to retire, untill fuch time
as two of the Bayliffs, with their Sergeants and Officers, and fuch
others as they got to attend them,accompanying the Lords, and re-
peating to the Multitude what had been yielded to in the Paper
exhibited to them, a little way was made at firft ; but prefently
when they entred upon the Great-Street, the Barbarous Multitude
run moft inragedly upon them ; their out-crys were horrible and
confufed, but were ( as much as in fuch a confufion could be diftin-
guifhed ) God defied all thofe ivho will defend God*s Canfe, and God
confound the Service-Book^ and all the rnaintainers of it. The Lords
being in prefent and eminent danger, affured the People that they
M'ould reprefent their grievances to His Majefty ; for when they
perceived that the People refufed to obey any Commandment
which was laid upon them in the Kings Name, and thaj; they
flighted,
I J Caroli'
i-
P4
Hiftoncal ColleBiom.
Jfj.\6ii.
flighted their requiring of them to retire unto their own Houfcs, and
to behave themlelves as quiet and good Subjefls, under pain of His
Majefties higheft: difplealure, they were glad then to take them-
felves to entreaties and plaulible perfwafions, but all in vain ; for
the Pf^opkllill increafed their fury, and that to fuch a height, as
that the Lord Treafurer was thrown down, his Hat, Cloak, and
White-Staft' pulled from him, ib that if by the ftrength of fbme
about him, he had not been pulled up prefently again upon his
Feet, he had undoubtedly been trod to death ; and in that pofture
without Hat or Cloak, like a notorious Malefeftor, was he carri-
ed by the Croud to the Council-houfe-dore, where the Bifhop of
Galioiray and Others of the Council were imprifoned in great fear,
expefting the Lords return for their relief.
Not tong after the Provoft and BayliflFs came thither to them,
told them they had ufed their uttermoft power and perlwafions
with the beft, ableft, and of the prime efteem of all their Citi-
zens, for the appeafing of the prefent Tumult, and fecuring their
LordOiips perlbns, but could find no concurrence nor obedience.
Whereupon the Lords relblved to fend for fome of the Nobility
and Gentry, and others who were now frequently affembled for
aflifting the Petition againft the Service-Book, to trie what help
they would or could contribute for quieting the inraged People,
and what affiftance they might expeO: from them in freeing them
from the prefent danger. They being fent for, came to the Lords,
and declared unto them how much they were unfatisfied with the
prefent mutiny, offered their Perfons and Powers for fecuring them
from all violence, which the Lords in the Council-houfe accepting
of, with much ado ( being guarded by them whom the People
would not offend ) the Lord Treafurer got to the Palace at Hdy-
Rood-Honfi, and the Bifhop of G^/^m^r to his Lodging: but the
Lord ProT/of} was again fet upon, as he was entring his own Houfe,
and was fb prefTed upon by the Multitude that they crouded with
him into his own Yard, railing upon him and throwing Stones at
his V/indows, until fbme of his Servants difcharging a Piece, which
had nothing but Powder in it, they retired for tear.
This Morning Storm being a little blown over, the Council in
the Afternoon met at the Palace at Haly-Rood-Honfe ^ and com-
manded a Proclamation prefently to be made at the Crofs of Eden-
burgh, the tenour whereof here followeth.
At Haly-Rood-Houfe the i^th. of Odober 1637.
A Proclamati-
on requiring
the Multitude
to keep the
peace.
|~€)?afmuc!) jj0 a mtmber of t!jc La?tJ0 of IM ^3aieaif 0 Piitj?-
r Council, m fikeUiife tfjc %m\\ Council of Edenburgh, \xm
tW tap conutrmD in tfteii: feiieral Jtmicatojicis, fo? IM i^aiefltess
fpccial affair0 ann iztUtt, tljcu tucrc mott runclp intci-ruptcu intSc
Cotirfe of tljcir p^ocfrtiiniysf, 6? a tuniultuo0 gatfjcrinD; of tljc p|0--
niifaiousi ana uulgat seultitime, 6v Uifiom IM ^airfficgi Council
ann @>cruant0 in an open tuap tna0 fljamefullp eniiironcD ; ialjiclj be-
ing a mattct Derj) iiifjjracefui to IM S^afettieis autl)o?itj> ann JLatn--
fun (^ouecnment , ano tul)icl) in tU confequence t&eitof map p?o-
0uce
Hifiorical ColleEiiom.
405
mice tjanffcroti0 effects, if tfjc MU U not piciientcti \\\ tfjc time ta
came: tljerefa?c tijc lo^us of tijc %zixtt Council, acca^ing to tftc
tiutv of tl}cir place autJ cOarsc incumbent to tljcm, o^oain^ a ^n^
cer of Council to pof^ to tlje 93crcate=Crof0 of Edenburgh, anD
tljere bp open l^joclauiation to nifcOarge ail publick ^J^atljecinffs
anu ConBocationsJ of i|)is iii^aieflicss €>iib(ectis, toitbtn tije Citj) of
Edenburgh, anti itpoH tljc ©titetsi tijetcof ; ajs Ulteiuife all p?iuate
mortinge tcntsinjj to ilictioji ann tiumilt; anti \\\ pss ^ajeftiCiS
Bame aiii) ^.utljo^itp, to conimaun all p\$ Q5atcttiesi licgcsJ ann
JnfjabitantjJ luitliin tbe faio Citp, to contain tljemfeiucsi in peace
ann quictnef0t anti fonijat effect to Utp tljeir Jpoiifc0, ercept luben
tljeit latufui bufinef^ tiotb otberiinCc call tfjem, imnet all biffljeft
pain anti clwrije, tljat bp riitoiit of ILatu can be inflicten upon tJje
contca^ceneuiS of tljc pjemifesi in maimer abotje .ecp?elleti,
Notwithftanding this Proclamation, the next Council-day the
People of EAenbnrgh lent their Commiilioners publickly to the
Council-Table, to require that their Minifters and Reader might
be reftored to them, and that they might have alTurance for the
performance of what was lately promiied to them by their Magi-
ftrates, meaning thofe three things before mentioned, which they
were enforced to agree unto by the former Tumult.
After thefe Tumults there were prefentcd to the Lord Chancel-
lor and Council two Petitions ; one in name of all the Men, Wo-
men, Children and Servants of Edenhar^h^ only againfr the Ser-
vice-Book : And another in the name of the Noblemen, Gentry,
Minifters and BurgefTes againft the Service-Book, and Book of Ca-
nons : that to the Lord Chancellor was as foUoweth.
My Lord Chancellor.
'Vfito your Lordfblp humbly fjeivs,
WE Men, Women, and Children, and Servants, Indwellers
within the Burgh of Edenburgh ; That whereas we be-
ing urged with this Book of Service, and having confidered the
fame, we find many things therein fb far different from that form
of Gods publick worfliip, univerlally received and profeffed with-
in this Kindom ; and we Burgeffes being at our entry and ad-
milBon deeply fvvorn for the maintenance thereof, that now
makes our hearts to tremble, and our weak Confciences will not
fuffer us to imbrace and praftice this urged fervice : We have
this long time paft winked at fbme former alterations, being put
in hope that no further Innovations fliould follow ; but now we
being opprelTed with our juft fears, to fee our felves deprived
of that liberty in ferving God, which ever hath been approved
by Church and Kingdom, in place whereof we are now like to
be conftrained to imbrace another, which hath neither been agi-
tated nor received either by General Affembly or Parliament : in
fuch extremity we are moft humbly to fupplicate your Lordfhip,
to confider our prefent eftate, that this bufinefs is a matter of fb
^ ^ great
I ^ Caroli-
The Women
and Childrens
Petition to
the Council,
againft the
Service-book.
4o^
Hjftorical ColleBt07is.
OBohtr 1(537.
A Petition of
the Noble-
men, &c,
againil the
Scrvice-Book.
Jn. i6?7. 1 ' great weight and conlequence, as fliould not appear to be a need-
* lefs noiie of fimple Women ; but it is the abfolute defire of our
' hearts for preiervation of True Religion amongft us, which is
* dearer to us than either Eftate or Life : and therefore we do
' crave, that as the reft of the Kingdom, lb we may have a time to
* advife, and that your Lordfliips may find out fbme way, where-
* by we may be dehvered from the tear of this and all other In-
' novations of this kind, and have the happinelsto enjoy the True
* Religion, as it hath been by the great mercy of Cod reformed in
' this Land, and authorifed by His Majefty, who may long and
' profperouily reign over us. And your Lordfhips anfvver.
The Petition to the Council follows of the Noble-men , Gen-
try, Minifters, Burgeffes, againft the Service-Book, and Book erf"
Canons.
My Lords of Secret Council.
Unto your Lord/hips humbly (hervy
' ¥ T 7 E Noble-men, Barons , Minifters , Burgeffes , and Com-
' W mons ; That whereas we were in humble and quiet man-
* ner , attending a gracious Anfwer of our former fupplications
' againft the Service-Book impofed upon us, and ready to fhew
* the great inconveniences, which upon the introduftion thereof
' mutt enfue ; we are without any known defert, far beyond our
* expeftation, furprized and charged by publick Proclamation to de-
* part out of the Town within twenty four hours thereafter under
* pain of Rebellion ; by which peremptory and unufiial charge ,
* our fears of a more fevere and ftrift courfe of proceeding are aug-
' mented, and courfe of our fupplication interrupted. Wherefore
* we are conftrained, out of the deep grief of our hearts, humbly
* to remonftrate ; That whereas the Arch-Bifhops and Bifliops of
* this Realm, being intrufted by His Majefty with the Govern-
' ment of the affairs of the Church of Scotland^ have drawn up,
' and fet forth, and caufed to be drawn up and fet forth and in-
' joyned upon the Subjects two Books ; in the one whereof,
*■ called the Book of Common-Prayer , not only are fbwn the feeds of
' divers Superftitions, Idolatry and Falle-dodrine, contrary to the
' true Religion eftablilhed within this Realm by divers AQ:s of
' Parliament ; but alfb the Service-Book of England is abufed,
* efpecially in the matter of Communion, by Additions, Subftra-
' ftions, interchanging of Words and Sentences , falfifying of Ti-
' ties, and mifplacing of CoUefts, to the difadvanrage of Reforma-
' tion, as the RomiJhMsiCs is, in the more fubftantial points, made
* up therein , as wc offer to inftruft in time and place convcni-
' ent, quite contrary unto, and for reverting the gracious inten-
' tions of the Blelfed Reformers of Religion in England. In the
' other Book called, Canons and Confii tut ions for the Government of
* the Church of Scotland, they have ordained, that whofbever fliall
c affirm that the form of W'orfhip inferted in the Book of Corn-
c mon Prayer and adminiftration of the Sacraments, ( whereof
* heretofore.
Hiflorical C oil e& ions.
407
' fteretofore and now we moft juftly complain ; doth contain any' j^ Cnroli-
' thing repugnant to the Scriptures, or are Corrupt, Superftitious
' or unla\vful in the Service and Worf hip of God , fhall be excommu-
' nicated and not be reftored, but by the Bifhop of the place, or
' Arch-Bifliop of the Province, after his repentance , and publick
' revocation of this his wicked error ; befides a hundred Canons
' more, many of them tending to the reviving and foftering of abo-
' lilLed Superftitions , and Errors, and to the overthrow of our
' Church difcipline, eftabliflied by Afts of Parliament, opening a
' Door for what farther Livention of Religion they pleafe to make,
' and flopping the way, which Law before did allow unto us, for
' fuppreding of Error and Superftition, and ordaining that where
' in any of d\cCn»o?is there is no penalty exprefly let down, the
' punilhmenc Hiall be arbitrary, as the Bifhop fhall think fittefl.
' Ail which €af/ons were never feen or allowed in any General AP
' lembly, but are inipofed contrary to order of Law ^pointed in
' this Realm for ellablifhing Conffitutions Ecclefiaffical ; unto
' which two Books, the forefaid Prelates have under truff , procu-
' red His Majefties Royal-hand and Letters Patents, for prcfling the
' fame upon his Loyal Subjefts, and are the contrivers and devifers
' of the fame, as dosh clearly appear by the Frontifpiece of the
' Book of Common Prayey, and have begun to urge the acceptance
' of the fame, not only by Injunftions given in Provincial AfTem-
' blies, but alfb by open Proclamation and charge of Homing, where-
' by we are driven in fiich flraits, as we muft either by procefs
' of Excommunication and Horning, fufferthe ruine of our Eflates
' and Fortunes, or elfe by breach of our Covenant with God, and
* forfaking the way of True Religion, fall under the wrath of Cod,
' which unto us is more grievous than death. Wherefore we be-
''ing perfv.adcd, that thele their proceedings are contrary to our
* Gracious Soveraign his pious intentions, who out of his Zeal and
* Princely Care of the prefervation of True Religion eflabliflied in
* this his ancient Kingdom, hath ratified the fame in his Highnefs
* Parliament 165;^. And fb His Majefly to be highly wTonged by
* the laid Prelates, w^ho have fb far abufed their Credit with ib
* good a King,asthus to enfiiare His Subjefts, rend our Church, un-
* dermine Religion in Dofl:rine,Sacraments and Difcipline,move dif-
' content between the King and His Subjects, and difcord between
' Subject and SubjeQ:, contrary to feveral A8:s of Parliament. We
' out of bound, duty to God, our King, and Native Country com-
' plain of the forefaid Prelates, humbly craving, that this matter
'may be put totryal, and thele our Parties taken order withac-
' cording to the Laws of the Realm : and they be not fuffered to
' fit any more as Judges^ until theCaufebe tried and decided ac-
* cording to juftice. And if thiyfhall leem to be to you a matter of
' higher importance than you will condelcend unto , before His
-'Majefly be acquainted therewith, then \^'e humbly fupplicate',
' That this our grievance and complaint may be fully reprefented
* to His Majefty, that from the influence cJf his gracious Soveraignty
^ and Juftice, bhefe wrongs may be redreffed, and we Iiave the
* happiriefs to enjoy the Religion, as it hath been reformed in this
' Land.
g g
Thefe
4o8
Hifioncal ColleBiom.
Jn. l6-^1.
The Kings
Declarjrion
a^ainft cliefe
Barbarous Tu-
mults, and
that His Ma-
jefty ablior-
reth all Su-
perftition of
Popery.
April i^jy.
Thefe Petitions were fent up to the King by the Secret-Coun-
cil ; but the King finding no dilavowing of the late Tumults ,
refolved to delay the Anfwering of their Petitions ; but in the
mean time commanded His Privy Council to fignifie to His Sub-
jefts His averfenefs from Popery, and deteftation of Superftition :
and fo accordingly the Council caufed the enfuing Proclamation to
be made at L/W/^%on', dated December xho, ith.iS^y. being as fol-
loweth.
At Linlithgoiv December j. 1637.
FSDiafmucIj m mMm'^ {^ateffpfta^Jine: fm tDc petition pjefen-
tfti to tijc lo^js of l^ispzitjp Council, ann bp tf)em ftnt up to
^v& Q^aieffp concci-uiiiD: t\]t ^lertitce^'Baib, Cetcmnnen to Ijatie ta-
ben tfjE fame into ConfiDeration, anti to ijaije ijiten 3pi0 «J5rnnoug
anfujcc i\)zu^tmz\\t Uiitij ail couDcnience ,• fifee ajS |)i0 C^ateffp bp
IM letter to l^i0 Council, of tljc Hate of tbe 9rh. of oaober lafJ,
tin fiffnifie IM ^tmnm Etfofution to tIjc effcrt afoiefain i but
fincc tfiat time l)\^ i^arcOv finiDins ( far contrarp to IM ejcpectati^
on) tijat fucljnifo^ticrlp, tumultuous anti barbarous Jnfolcncies Ijatie
been cGumiitten MtW t/je Citp of Edenburgh upon tbe i Sth. Dap
of oaober laff, to tf}C gtcat contempt of ipis i^pajeffies Eopal 3u=
tijOiEitp, bp afaufino: IM ^aietties Councello^s aiiD ©fficers of
State, U3iti) ctljers bearing; Cfjarffe tm autf)0?itp imtier i^iis C^a=
fcffp Uiitijin tIjc fain Citp ; t>\^ ^ateffp in a iuft reftntmentof tftat
foul inniffm'tp ( loljerein 3|)i0 ^aietties I:>onaur Din fo muclj fuf=
fer ) Ijat!) ttm moijeD tn Delap tije fiumfication of i|)t0 C^ajefties
gracious intentions, in ffiWng to i|)is €)UbTectS fucb fatiSfacto?p
aiifuiers to tbeir petitions, as in equitp miffbt be erpecteD from fo
jm ano Eeliffious a p?incc : but pet Ipis ^^aieffp beino: luttnil-
ling tljat IM JLopal anD laitbftti Subjects fljoulD be polfefleD tuitb
uroiuiDlefs anD imnecelTarp Doubts anD fears, Ipis (^atefip \^ plea--
feD out of ipiS <55aJDnefs to Declare, like as h^^ thefe p^efents be De=
claretb, Cbat as Ijc abljoi^retlj ail fuperftition of poperp, fo be \m
U mod careftil, tIjat notijinn; be alloiueD mitbin §is C^aieffies Da=
minions, but tljat mbicb Ibafl tenD to tbe aDijancement of €:rue Ee--
ligiou, as it is p?efentlp pjofeiTcD tuitljin IM molt ancient ffiiiuijDom
of Scotland, auD tbat itotljino: i^ 0? toas intenDeoto be Done tbe
rein, againll tbe lauDablc Lams of tbiSipiS ^afeffies ii3atiue i^ino;--
Dom ; anD oiDainetb publication, to be maDe tbereof in fojm as afoje^-
faiD*
Having given the Reader the trouble vi'ith an account of the
Scotiflj Affairs, from the twenty third of July to the month of De^
c;mher,\vQ. ihall now revert to EnoUnd, and give an account of af-
fairs there as we left them in order of time.
At this time it was endeavoured to block up the pafTage of thole
voluntary Exiles that were willing to go to another part of the
World : where, as they laid,they might not meet with liich diftur-
banceasthey had here in England from the Ecclefiaftical Courts, I
Here foUoweth the Proclamation prohibiting their Exportation.
The!
Hiftorical CoUeBions.
409
^-T^^zMmMm mfo?itteti, tfjat great numliers of Ipisi ^ub-
i it<t^ wtt pcarip tranfpo?K;D into tfjofe parts of America,
Sufjiclj i)a5je bfrit ffraitteo bp patent to feiJcrall^crfottsi,anD tfjere fettle
t&etnfctueis, fomc of tijeniiuitlj tijeit jfannlicjj, ano mijoic eflatcjJ,
anionitf^ttijom uierc ntaiip iDIe ano refracta?^ Oiimo^iss, uiljofc onip
0? p?incipal enn I'js to \\u toit&out tlje reaclj of autDo?i^ ,• tuo com-
iiiano \M €){ficer0, anD !39imffer!5 of tlje po^tss, not to fiiffcr anp
Petfbnss, beine' Stubfidy-Men, 0? of tljei't ualuc, to paf0 to anp of
tfjoCe P!v^ntation0 without a Licence from rpi0 a^aieftie0 Com-
miflioners for Plantations firft ObtailteH ; no? anP under the Degree
of Subfidy-men, tottljottt a Certificate from ttuo sitiftiees of peace
toSerc tbep liiien, tljattfiep Ijabe taken tfjeiSDatfjis of Allegiance ann
Supremacy, aitu a Ccftimonp from tlje Minifter of t&c parifij of
tteiC Conformity tO tfje ^pZX^ an5 Difciphne of the Church of
England.
THe Privy-Council made another Order for Reafbns importing
the State bell known to themfelves, * That the Lord Trea-
* furer of England fliall take fpeedy and effeftual courle for the flay
' of eight Ships now in the River of Thames, prepared to go for
* Ncw-En^lmd, and Ihall Ukewile give Order for the puttino- on
* Land all the Paffengers and Provilions therein intended for that
* Voyage. And Ibme days after His Majefty, and the Board, taking
' into confideration the frequent refbrt into A^em-E^o/^W of divers
* Perlbns ill-aif efted to the Religion eftablifhed in the Church of
* EngUfid, and to the good and peaceable Government of this State,
* howbeit, upon the humble Petition of the Merchants, Paffeno-ers,
* and owners of the Ships now bound for Nm-EngUnd, and upon
, the Reaibns by them reprelented to the Board, His Majefty was
* then gracioufly pleafed to free them from the late Reliraint to pro-
' ceed in their intended Voyage. Neverthelels His Majefty know-
* ing the Factious diipofition of a great part of the People of that
' Plantation, and how unfit and unworthy they are of any fupport
' or countenance from hence in relpeft of the great dilbrders and
' want of Government among them, whereof fiindry and great
* Complaints have been prelented to the Board, and made appear
' to be true, by thofe that being well-affe£l:ed both for Religion and
* Government, have fuffered much lofs in their Eftates by the un-
* ruly Faftious Party, did think fit and Order, That Mr. Attorney-
* General fhall forthwith draw up a Procla?nation exprefling His Ma-
' jeftics Royal Pleafiire to prohibit all Merchants, Mafters, and Ow-
*■ ners of Snips, henceforward to fet forth any Ship or Ships with
' Paffengers for New-England, till they have firft obtained Ij^ecial Li-
* cence on that behalf, from fiich of the Lords of His Majefties moft
* Honourable Privy-Council, as are appointed for the Bufinelfes of
' Forreign Plantations by fpecial Commilfion.
According to this Order of the Council a Proclamation iffued
forth.
And upon the lame Grounds and Reaibns the PafTage to the Sum-
mer-IJlands was barred by this Order of the Council.
Ggg
2
Whereas
I ^ C.troli-
Apil 30.
A Proclama-
tion againft
the diforderly
Tranfporring
His Majcflies
Subjcfts to
the Pljnrati-
ons within the
parts of Am,-
rica.
Miy 1. 1638.
Order of the
Council.
4IO
Hiflorical Collections,
A Warrant to
the Lord Ad-
miral to flop
unconforma-
ble Miniflers
from going
beyond Sea.
Non-confor-
mirts fell their
Eftates.
Miiy 14.
' IS TT 7 Hereas it is obferved, That fiich Mimfiers rvho are umonfor-
* V V mahU to the DifcipHne and Ceremonies of the Church,
' have and do frequently trar/fport tht?»Jelvts to the Snm?Ker-l{lxndsy
* and other His Maiefties Plantations abroad, where they take li-
' berty to nourilh and prelerve their faQious and Schifmatical humors^
^ to the feducing and abufing of His Majefties Subjefts, and the
' hindrance of that good Conformity and Unity in the Church,
' which His Majefty is careful and defirous to eftablifli throughout
' His Dominions : We are therefore in His Majefties Name, and
' by His exprels Command, to pray and require your LordJliip,
' to take prefent and ftrift order that no Clergy-mm be henceforth fuf-
' fered to go over into the Siimmtr-llhnds, but fuch only as fhall have
' approbation on that behalf from Our very good Lords, the Lord
' Arch-billiop o( Canterbury his Grace, and the Lord Bifhopof Lon-
* do^. And for all fuch of them as are already gone thither with-
* out fuch approbation, that you eaule them forthwith to be re-
' manded back hither.
The fevere Cenfures in Star-Chamber, and the greatnefs of the
Fines, and the rigorous Proceedings to impofe Ceremonies, the
fiilpending and filencing Multitudes of Minifters, for not reading in
the Church the Book for Sports to be exercifed on the Lords day,
caufed many of the Nation, both Minifters and others, to fell their
Eftates , and to let Sail for Ntw-Englanii , ( a late Plantation
in America ) where they hold a Plantation by Patent from the
King.
At this time there was a great difcourfe, that the Arch-Bifhop
of Canterbury his Chaplain had Licenled a Book containing Paffages
, tending to Popery, which got fb great ground and credit in the
Report, as the State thought fit to purge themlelves from owning
any fuch Paffages in the Book ; and the Chaplain being well be-
friended, did acquit himfelf, as by the following Proclamation
doth appear.
A Trodamaiion for calling hi a 'Book, entttukA an Introdu6lion
to a Devout Life 5 and that the fame k jmblickly burnt.
WJJcrcaiS n 'Bcoft, etltftllfeti An Introduftion to a Devout Life,
U)a0 lately pjlntcn lij? Nicholas Oakes of London, niin ttianp
Of ttcm publifljcii mm nifperfcn tt?oii!jIjout tlje Ecaim, t!je Copj) of
U)Ijtci)T5oafe ftcing i^oujjljt to tlje Chaplain of tlje tm arcIj=bifljop of
Canterbury fo? licciice aiiti auotuancc, UJflSJ bp Ijitti, upon Biiigent
pcritfal, in fiiim^p placet cj;pune;cti aiiti purijcti of mn^ Jpaflauesi
tijcrein tf ntfno: to lg)operp : BtSstit\\zM^ tlje fame "BoDfe, after it
itiais fo ameitteti anu allotDet to be p?iittet», \xm coirupten aiiti falfi--
fieti bp tbe Cranflato? aim S>tatioiicr, toljo betiusn tljem inferteu
again tbe fame l^opifl) ano unfoium IpafTage^ : 3nti tbe @)tatioiter
ij5 noU) app?e|)entieu, anti tfic Cranflato? Oiufftt fo? to be p?ocertieD
affainfl accoining to 3I«flicc«
m
Hiftorical Colleciions.
411
^10 S^aicflp, out of DiEi ipiou0 aim conflant carr, to iipljoin atm
matntaitt tlje Eeliffton p^ofcflcti \\\ tfjc Cfjiutl) of England m it0 pii-
ritp, UJitfjOtit erro? 0? coiriiptioit, tiotfj tf)Ci-cfa2c Ocrcfap Occlarc i!)ij3
Eo})al KLiill anc lp)leafute to far^ ano ootlj ftrattip Cijariyc ait5 Coni-
maitiJ aJl lg)£rfon0 , of UJljat ucgi'^, qualitp, 0? coiitiitioit fomr,
to tJijofe Ijan50 anp of tlje faio TScDttsi arc, 01 fljall conic, tOat
tDitljoiit Dclap tfjcp nclftct 0? fcnn tijcm to tijc 'BiHiop, 02 CljaitccI
lo? of tfje Diocefjs, tofjom p0 ^a^cttp rcqiiirctf), to caiifc tfjc fame
to be puWicklj) burnt, af3 fucO of tijcm a0 Ijauc bcrnalrpatij) fcijcn on,
IjaUc Ijorn Ijp |)isi ^atcftic0 c,cp?cf0 CommaiHr : aiio to t()tjj IM ^a=
fcffic0 Eopal lS)lcafui:e, ije reqtiirctfj all l|)i!3 louinij eubjcit^ to picln
all ttiic confo?mitp ann obcDiencc, aiei tfjcp uiiH auoio tljc Ccnfurc of
fiifflj Contempt*
AT this time great care was taken about the repair of St. Pauls,
and that nothing fhould ftand in the way, which inight hin-
der the beauty of the Church ; which occafioned the pulHng down
of St. Gregories Church, to the great grief, trouble and charge of
the Inhabitants, and Cheapfide leading into Pau/s Church-yard, be-
ing very glorious by the fhew of Coldfmiths Shops : for the Ho-
nour of the City, as well as for the Church, thele following Or-
ders were made by the Council-Board , for removing of certain
Shops, which did eclipfe the glory of that Place.
A Letter from the Lords of the Council to the Lord
Major and Aldermen of London.
W Here AS by Our Letters of the 1 5th of July, and. lafi of Janua-
ry 16^5. We did not only take notice of the preftfit remijmfs
and backwardnefs in the then Lord Major and Aldermen in fee/no Oar
direBions^ by His MajefHes exprefs Command, forthwith put in execu-
tion, by bringing the Qoldfmiths, living difperfed in the City., to feat
themfelves either in Cheapfide or Lombarcf-ftreet, for which purpofe
We required that all other Trade fmen (bould be removed, and give place
unto them ; but if they fjould objlinately refiif, and remain refractory^
then to take fecurity of them to perform the fame by a certain day, or
in default of giving fuch fecurity, to commit them to prifon until they
conform themfelves. Notwithflanding all which His ALijefly hath
been informed, that there are yet a great number of Houfes of other fe-
ver al Trades, that live both in Cheapfide and Lombard-ftreet, con-
trary to His Majefiies Command, and Our faid Directions, which ne-
gleB being both tmxcufable, and very worthy of blame ; We muft let
your Lordjhip, &c. know, that tf fpeedy and effectual care be not taken by
you, in feeing the fame duly performed. His Majefly will not pafs it by,
without calling you to an account for it. And in the mean while We are
by His Majesties Command to require and charge you, forth.vith to caufe
all fuch Shops as are not Goldfmiths, and have been taken or opened ei-
ther in Cheapfide or Lombard-ftreet fince Our faid Letters, to be
prefently (hut up and not permitted to be opened, till further order from
this
1 ^ Caroli.
Concerning
Goldfmiilis
Shops in
Cheapfidi.
SIiopsinC/-?j/;-
(ide and Lorn-
bard-jh-'^tt t\uT
are not Gold
fmiths tx) be
fhuc up.
I
412
Hifiorical ColleBiom.
An. 1697.
Shops in
Cheaffide and
tombird jlrcet
which are not
Goldfmiths to
be fh'jt up.
To pnt in ex-
ecution for-
mer Direfti-
ons touching
fhutting up of
fuch Houfes
and Shops in
Chtiif(ih, &c.
as are not
Goldfmiths.
thii Board ; whereof your Lordfhip, &G. /Hoy not fail. And fo, 8cc.
Dated the 24th of May 16^7. And Signed by.
Lord Arch-bifliq) of Canterbury, Earl of Dorfet,
Lord Kjepery Lord Vifcount Wimbkdo/i,
Lord Treafurer, Lord Cottington,
Lord Privj-Sealy Mr. Comptroller^
Lord Great Chamberlain^ Mr. Secretary Cooke.
And the "jth of Jw/y following this further Order was made, in
the inner Star-Chamber.
Star-Chamber^ fuly 7. 1^37.
\TTpmn$ tijett ILa?nfl)ip!S tJin tw na? tafee notice, tw tcmtrarp
Vv to tlje ^Vtt$ aim DircmoniS of t!)eit iLo?tifljipj3, Dii3cr0
Cralicfmen toljicf) arc itot <SoHifmtt!j0, 50 coutcniptiiouflp open a-
Unin tljeir @)1)OP0, bOtlj in Cheapfide anO Lombard-ftreet, t!)OUD;&
tfjrp itcpt tljrm fo? a Wit Ojut ; tijeir lo?UfS)ip0 greatlj) Waniino:
tljcLo^ S^ajojann ^{tiermcn of tfte Cit}> of London, t&attljep t)auc
fo ncgligentlp pc rfo^meti l;i0 ^aicftic0 Commantig, aim tfjc ffrut
Direction^ of tfjc l3oarH, bp letters of tlje 24th of May laft, aim
before, concerntno; tlje (Ijutting up of all fuel) fpoufes ann ^l)op0 in
Cheapfide aiiu Lombard-ftreet a0 afo^efatu, aiitJ tljat fonie Of tijeic
JLo^bfljipsf IjaiJe ban Cpe^tottnefleis ( berp lately ) of tljeir bifobc-
Dience in tlji0 partiailar , bib tljiiiH fit anb o?ber, tljat if tU
aibennan 0? fpis Deputv fljall not foitljtoitb caufe to be fljut up
Cbcrp fuclj ©Ijop ttanbinij Ulitljin W COarb in Cheapfide anb Lom-
bard ftreet, bjljicb are not t^olbfmitljjs ; upon Unobilebge tljereof
tlje faib aibennan, 0? W Deputp, fljall be committeb to Jpiifon bj?
(LWarrant from tbe T>oarb*
anb tljeir lLo?bn)ipj> m commanb, Cbat tljijs SD^ber fl)Oulb be
fent to tbe iLo?b ^aio?, to tbe aib, tbat notice niitjbt be ciben to
bjljom it appertaineb*
Another Letter from the Lords of the Council, dire-fled
to the Lord Major of London; Dated the nth of Ja-
nmry 1^3 7'
BT fever al Letters and Orders of this Board, and particularly that of
the 24th o/May, and the 7th o/July laft, we took notice how
negligently the then Lord Major and Aldermen had performed His Ma-
j /flies Commands, and the ftri^ Directions of this Board, concerning
the Shutting up of all fuch Houfes and Shops in Cheapfide and Lom-
bard-ftreet\w irt-re not Goldfmiths ; and did Order, That if the Alder-
tnen of the faid Wards, or their Deputies , fljould not forthwith
caufe to be {but up every fuch Shop flanding within their Wards in
Cheapfide and Lombard-ftreet, which are not Goldfmiths ; the faid
Alderman, or his Deputy neglecting fo to do, jhould be committed to
^ Prifott
Hifiorkal ColleEhons,
413
Prifon by Warrant from the Board. Tet neverthelefs^ as we are in-
formed^ there are at the leafl "Zitf Houfes and Shops that are not inhabi-
ted by Goldfmithsy but in fame of thetn are one GfOve, and one Wido)v
Hill Statiomrs, o»e Dover a Milliner j and one Brown a Bandfeller^
r;«e Sanders a Drugfier, and one Medcalfe a Cookj one Edwards a
Girdler , doy by connivance y ft ill inhabit there ^ having Come fart of
their Shops jbiit, and the reft open ; which contempt of their Sy and dij-
refpecl, and negleB of the Aldermen, or their Deputies ofthofe Wards y
ai we cannot but ta,ke notice of ; fo we wuft hereby pray and require your
Lordftjip ( without delay ) to accquaint the faid Aldermen and their
Deputies therewith y and that if they do not prefently put our former
Directions in that particular in execution \ we (hall then give fuch fur-
ther Order y (vs ftjall teach them to knowy that the Commands of this
Board ought not to be /lighted. And hereof we jhall expell to receive a
particular account from your Lordjljip , who we hope will have a better
care to fee His Majefties Commands performed on this behalf y than your
Predece^ors have had. And fojScc. Dated the 12th (/January 1637.
Signed by
Lord Kfepery
Lord Treafirer,
Lord Privy-Sealy
Lord Marquefs Hamilton,
Earl Marfhal,
Lord Chamber lain.
Earl of Dorfety
Lord Cottington,
Lord Newburghy
Mr. Secretary Cooky
Mr. Secretary Windebancke.
'Pan:^am , the Popes Nuntio, his Letter to one of His
Majefties principal Secretaries of State.
Moft Excellent Sir, Patron moft Honoured,
I Would have retained my felf from writing to your moft lllnftrioits
Lordfljipy for fear of being to you fame impediment , 1 knowing your
many Occupations : but 1 have heard from man\ PerfonSy and in particu-
lar by Letters of Seignior Francifco, fometimes my Secretary, the Ho-
nourable Mention that other-whiles your moft llluftrion-s LordJJjip is wont
to make of my Perfon ; and having alfo oftentimes under ftood from the
mofl famous Seignior Cavaliere Hamilton, and from father John the
Benediftine, how much your moft liluftrious Lord/hip ftraintth in fa-
vouring of mey I h.ive been forced to commit this rude incivility y ta-
king in hand tny Pen to give you troubki lajfure your mofl famous
Lordfljip, that I live fo much obliged unto you^ that I jjjall never be
able to pretend to give JatisfaBion for one or the leaft particle of that
which I owe ; feeing that during my abode in London, ?noft rare were
thofe days in which I did not receive from your moft liluftrious Lord-
(hip fome Grace in the behalf and favour of the Poor Catholicks, &c.
/ muft alfo congratulate my felf with your moft famom Lordftjip^
concerning the moft Noble Manners and Behaviours . of your Lordfhips
SonSy the which y with their finguUr Modeftyy and other moft Laudable
Vertuesy have gained fuch an opinion amongft them that have known them
in this Court, that 1 could never be able to exprefs it, and the Lord Cardi-
«^/Barbarino, in particular, cannot fat i ate hitnfelfinpraifmg them. It
grieves
1 5 Caroli.
A Letter from
the Popes
Nuntio.
4H
Hiflorkd Colle^ions.
Jn. 16^7. I griei^s me not id hx'oe had the forittm to meet with thetn .in ibis City
■ -^-^^^ ■ hectcdfi mllimly I vi^ottU have atttfied m devmio'K tow.irds yonr mofi
f Arnolds L{>rdp/p-; ffo tfie irhich^ md to aH yorrr mofi ifkjhiom Family ^
I refi, de'(irmo^ ^Jt^Ynd ¥dmty. In the me.Vn hvhik I hawMf inP>-eni
yon to fti't'OKt ?ne mih form: C^i>mnndmtnt ^ and 1 kifs yotir Hands ;
TrW-Term.
A Judge re-
fufing to take
b^il upon a
Hikas Corpii.
AUxandtr
Jennings and
Samuel Dan-
vers their
Cafe.
June 25.
fronl Row; the p/
of May 1637.
Your moft Illuftrious Lordlhips
moft devout, and moftobli-
lervant,
ged *•"*
Gregory i-^afizmi.
C Ir R. B. being otie of the Juftices of tlie Court of ]\in^s-Bench^
t '^' and duly I'worn in Trrnity-Term 1637. deferred to difchargeor
bail Alexander Jennin^Sy Prifoner in the Fleet, brougb.t by Habejti
Cwptis to the Bar of the ftid Court ; the return of his Commit-
ment being, that he was committed by two leveral Warrants from
the Lords of the Council, dated the fifth o{ November 16^6. the
firft being read only in Court expreffing no caule, the other for
not paying Meflengers Fees ; and until he fhould bring a Certifi-
cate, that he had paid his AlTelTment for Ship-money in the County
of Bucks, they therefore remitted him. And in Mtchathnoi-ltrm
after, the faid Jennings being brought by another Habeas Corpus be-
fore him as aforefaid, and the fame returned ; yet he the laid Sir
R- B. refufed to difcharge or bail him, but remitted him. And in
Eafter-Term, after feveral Rules were given for His Majefl:ies Coua-
cel, to fliew caule why the laid Jennings fhould not be bailed ; a
fourth Rule \^'as made for the faid Jennings, to let His Majefties
Attorney-General have notice thereof, and notice was given accor-
dingly ; and the faid Jenmngshy another Habeas Corpm brought to
the Bar in Trinity-Term after, and the fame return ; with this ad-
dition of a new Commitment of the fourth of May^ fuggefting he
the laid Jennings had ufed divers fcandalous words in derogation
and dilparagement of His Ma] eft ies Government : he the \&\d Jen-
nings, after fevetal Rules in the end of the laid Trimty-Ter?n, was
again remitted to Prifon ; and he the faid Sir R. B. did On the fifth
of June laft, defer to grant His Majefties Writs of Habe.ts Corpus for
Wikiim Pargiter, and Samuel Danvers Elquires, Prifbners in the
G'dtehoufe, and in the Fleet ; and afterwards having granted the faid
Writ of Habeas Corpus, the faid Pargiter and Dan'vey-s were on the
eighth of Jiffie laft brought to the Bar of the faid Court, where
the returns- of their Commitments were fevetal Warrants from the
Lords of the Council, not expreftmg any cau\{e ; yet he the faid Sir
/?. B. then fitting in the faid Court, deferred to bailihe laid Par-
gtter and Danvers, and the eighteenth of jf»»e laft made a Eule for
a new^leturn to be received, which M-ere rerm-ned the 2'^th of Ju>ie
laft i^ }mc verba.
'Whereas His Majefly finding that His Subje£b of Scotland
* have in a Rebellious and hoftile manner alTembled themfelves
' together , and intend , not only to fhake off their obedience
'unto His Majefty, but alio as Enemies, to invade and infeft
_^ ' tliis
Hifiorical CnlleBions.
415
* this His Kingdom of EngUnd^ to the danger of His Royal Per-
Ion,
&c
For prevention whereof, His Majefty hath, by the Advice of His
Council-Board, given fpeciai commandment to all the Lord Lieute-
nants of the Counties of this Reahn, appointed for their Rendez-
vouz, in their leveral and refpeftive Counties, there to be condu-
ced and drawn together into a Body for this Service. And where-
as His Majefty, according to the Laws and Statutes of this Realm,
and the conftant cuftom of His Predeceifors, Kings and Queens of
this Realm, hath power for the defence of this Kingdom, and re-
fifting the force of the Enemies thereof, to grant forth Commif-
fions under His great Seal to fiich fit Perlbns as he fhall make choice
of, to array and arm the Subjefts of this Kingdom, and to compel
thofe who are of able Bodies, and of able Eftates, to arm them-
felves ; and liich as fliould not be of able Bodies, but of ability in
Eftate, to alTefs them according to their Eftates, to contribute to-
wards the Charge of arraying others being able of Body, and not
able in Eflate to arm themfelves ; and fuch Perlons as Ihould be
contrariant to commit to Prifbn, there to remain until the King
fliould take further order therein.
And whereas the Earl of Exeter , by vertue of His Majefties
CommifTion to him directed, for the arraying and arming of a cer-
tain number of Persons in the County of Northampton, hath affeft
W ilium Pa^'<^ttery being a Man unfit of Body for that Service, but
being of Eflate and Ability to contribute amonglt others, to pay
the Sum of Five Shillings towards the arraying and arming or o-
thers of able Bodies, and wanting ability to array and arm them-
felves.
And whereas We have received information from the laid Earl,
That the (aid William Pargiter hath not only, in a wilful and difb-
bedient manner refufed to pay the laid Money afTeffed upon him
towards fb important a Service, to the difturbance and hindrance
of the neceffary defence of this Kingdom ; but alfb by his ill ex-
ample hath miffed many others, and, as we have juff; caufe to be-
lieve, hath praCtifed to feduce others from that ready obedience
which they owe, and would otherwife have yielded to His Majeflies
juft command, for the publick defence of His Perfbn and Kingdom,
which we purpofe with all convenient (peed to enquire further and
examine.
Thele are therefore to will and require you to take into your Cu-
flody the Perlbns of the faid William Pargiter and Samuel Danvers,
and them fafely to keep Prifbners till further order from this Board,
or until by due courfe of Law they fhall be deUvered. Yet he the
faid Sir R.P. being defired to bail the faid Pargiter and Danvers,
remitted them, where they remained Prifbners till the ninth of
November laft, or thereabouts ; although the faid 'Jennings, Par-
giter and Danvers, on all and every the laid Returns, were clearly
bailable by Law ; and the Councel of the faid Jennings^ Pargiter
and Danvers, offered in Court very fufficient Bail. And he the
faid Sir R. B. being one of the Juflices of the Court of IQn'rs-
bench, denyed to grant His Majefties Writs of Habeas Corpus to very
many others His Majefties Subjefts ; and when he had granted the
faid Writs of Habeas Corpus to very many His Majefties Subjefts,
H h h and
1 1 Caroli.
4i6
H J ft orical CollcBions.
An. 16^7. 1 and on the return no caufe appeared, or fiich only as was dearly
■^ '^ bailable by Law ; yet he remanded them, where they remained
Prifoners very long : Which laid deferring to grant the laid Writs
of Habeas Corpus., and refufals and delays to difcharge Prifoners,
or fuflPer them to be bailed, are deftruftive to the fundamental Laws
of this Realm, and contrary to former refblutions in Parliament,
and to the Petition of Right ; which faid Refolutions and Petition
of Right were well known to him the laid Sit'R. B. and were re-
folved on and Enabled when he was the Kings Serjeant at Law, and
Attendant in the Lords Houfe in Parliament.
S/V John Banks Kjught., His Majejlies Jtiomcy^Gencral, Tlun-
tijf., the ^i^ht %e^m■cnd Father in Cod John Lord 'Biflm^ of
Lincoln, Walter Walker , Tho. Lund, Cadwalader
Powej, Richard Williams, William Catlin Clerk, 'Ed.
Lake, Jo. Mofleyn, and George Walker, Defendants.
Camera Stglkt'
1 1 die Julij
1 5 Ciii' Ktgii.
Proceedings
againft tlic
Eifnop of
Lincidn upon
the firfi Bill.
Proceedings upon the frft 'Bill agahifl the 'Blfwp of Lincoln.
PRifons Credit coming in queftion, being a material Witnefs for
the Bifliop, the Kings Attorney-General let fall the firft Bill,
fearing a defe£t of Teftimony, and preferred a lecond Bill againft
the Bifliop for 'Tampering nnth tht Kjngs Wttne^es, and upon that
account the Caufe came on the wth of ^idy, which held nine
days debate in Hearing ; and great was the Concourfe of People
every day to the Court of Star-Ch/tmbtr to hear this great Caufe,
the Bifliop being at that time much pityed by the People, who.
then call jDut Speeches that that Bifliop was profecuted becaufe the
State wanted Money to go to war againft the Scots, and that it
was lit he fhould bleed in his Purfe by the Cenfure of the Court
of Stnr-Chdmbtr to pay a round Fine to the King of t o or 1 2CC0 /.
This being a remarkable Caufe, we will trefpafs upon the Rea-
ders Patience to caft his Eye upon Mr. Attorney-Generals Reply,
and feveral of the Speeches made that day in Court at the pafTing of
the Cenfure for the brief of that Bill and Anfwer is miflaid, which
we had once more at large.
The Information doth charge the faid Bifhop with a. Pr.tcfJce un-
duly to gain the fight and perufal of certain Examinations taken by
the Lords of His Majefties Privy -Council, and commanded by them
to be kept fecret from the view of all Men, to the end unlawfully
and corruptly to procure Witnelles, dire£lions and inftruftions for
WitnelTes to make Proofs to contradid and weaken the laid Exami-
nations : And for praftifing and corruptly tampering M-ith Wit-
nelTes to retraQ: their former Teffimonies, and to vary from the
I fame upon their fecond Examination : And for tampering with,
and foUiciting other WitnelTes, produced, and to be examined for
His Majefty, not to depofe againfb the faid Lord Bifhop, but to
conceal their knowledge, and fay they did not remember ; and for
Perjury in an Affidavit made by the Defendant Catlin in this Court,,
and fubordination thereof: And for other offences, as by the laid
Complainants Information more at large it doth and may appear.
Upon
Hijiorical CoUeBiom,
4.1
7
Upon full and deliberate Hearing whereof it plainly and evidently
appeared to this Honourable Court, that there being another C:aulc
formerly depending in this Court, between His Majeftics Attorney-
General Plaintiff,and the laid Lord Bifhop of Lincoln Defendant, for
publiihingfalfe News and Tales, to the fcandal of His Ma)e(lies Go-
vernment, and for revealing of Counfels of State contrary to His
Cath of a ! 'rivy-Councel!or;one 'John Pngeon Gent, was in that Caufe
examined as a Witneis for the Defendant , and by an Order made
in H Hj.ry-'Jtrm \o Car. Regis, liberty was given to the Plaintiff to
examine the Credit of the faid Pngeon upon certain exceptions
which were delivered into this Court : And liberty given to the'
Defendant alio to examine Witneffes to uphold and maintain his
Credit ; in one of Xvhich Exceptions was (^ amongft other things)
contained, That the faid Prkeon being by one Elizabeth HodgJ'on
upon her Oath, acculed to have begotten a Baftard-Child on her
Body .- And being by the two next juftices of the Peace adjudged
the reputed Father ; and appealing from them to the next Quarter-
SeiTions held in the ninth Year of His Majeflies Reign ; to miflead
the Court of Quarter-ieflions, and to free himfelf from that ac-
cufation, did at feveral times, and by feveral Perfbns and means
after he was fb accufed, labour to corrupt the laid Elizabeth Hod,n\
[on, and for Money to procure her to lay the faid Baftard-Child on
fbme other Father, and to fwear that fbme other, and not the faid
Pngeon had begotten the faid Baftard ; and that he did labour,
fbme Witneffes that could have tefl:ified againft him, touching the
faid Baftard^t the faid Quarter-Seffions, to fupprels their Teftimo-
nies, aid drew or endeavoured to draw others to equivocate upon
their Oaths, when they did appear.
Mr. Car diner ^^ Recorder of London^ made a long and witty de-
fence for the BiOiop for feveral days together , much of which is
repeated by fome of the Lords in their Speeches, which ( for bre-
vity icike ) we omit ; referring the Reader to the Decretal Order
of the Court, which the Regiiler hath exa61:ly drawn up, and
which is !-^entioncd at large in the Appendix ; and alio to thofe
Repetitions which fbme of tlie Lords do make of the Defence.
As to the firffc Bill depending againfl: the Bifbop of Lincoln in the
Court of Star-Chamber, it was occafioned by the Examinations ta-
ken by fbme of the Privy-Council, of Sir 'John Lamb, and Dr.
Sibthorf), who (^ amongll; divers other things) teftified againft the
Bifhop of Lincoln^ that the faid Bifliop did give them great difcou-
ragement in their Proceedings in the Ecclefiaftical Courts againft
the Puritans ; and that the ^l^^o^TiskadSn John Lamb, what kind
of People thofe Puritans were of whom he complained, and whe-
ther they did pay the Loan-Money ? to which Sir 7,-)/;;,' replyed.
They did conform upon that account, and paid their Money ; but
neverrhelefs they wei-e Pnritam^ not conformable to the Church :
to whicJi the Billiop replyed, If they pay their Monies fb readilv to
the King, the Puritans are the Kings beft Subjefts, and I am (lire,
( faid the Bifhop ) the Puritans will carry all at lall. Tliefe Ex-
aminations were Sealed up, and Mr. Trnmhel, Clerk of tlie Coun-
cil, was required to keep them fccret, and permit none to fee them;
H h h 2 but
I ? Carol:.
4i8
Hiftorical ColleBions.
An. i6j7.
Sir Jo. Banl^s
I his Reply in
j the Caufe a-
j gainfl rlie Ei-
I ftop of Lin-
celn.
but a dilcovcry thereof was made to the Bifliop, which, amongll
other Matters of State, was the occafion of the hrft Bill in this
Court againft the Bifhop, as the hiformation did fct forth.
Sir John Banks Kjitghtj His Majejiies ^ttoniey-Geneyal
^'ply in the Cafe a^ainjl the ^iJ)?ol) of Lincoln.
his
May it pleafe your LordjJjipSj
"V7 Our Lordfhips have heard a Defence made by the Defen-
% dants Councel , that confifts more of obfervation than of
Proof, and in examination of his Defence, I fhali make it appear
plainly, that they very much fail in their own Obfervations. In
their Obfervations they have been curious in diftinftion of Times,
Place, and other Circumflances, to defcant upon the Particulars of
WitnelTes, and Men that were no Parties to the Suit ; but lor the
main fubftantial Parts of the Defence they have omitted. I fliali
defire to obferve to your Lordfliips, that ( with a great Icandal on
His Majefties Proceedings in this Court) they have told you Stories
and Tales that fliould be ground of this Suit, viz. That it was
through malice and hatred between Sir John Mounfon, Mr. .Amcocks.,
and Prigeon ; whereas it fhall appear unto your Lordfl:ips, tliat the
Suit was upon moft juft Grounds, for the vindicating of publick
Tuftice, and that Sir John Mounfon hath done nothing in this Caufe,
but according to the Duty of his Place, and clearing his own Re-
putation. It will be neceffary, fince thefe things have been ftirred,
not for your Lordfhips Information ( who knows it well ) but for
the fatisfaftion of the. World, to clear and juflifie His Majelfies
Proceedings, that I give you fome Information of the true Ground
of this Suit, and of the neceffity of it.
Michaelmas 4 Car. an Information was exhibited againfl my Lord
Bifhop by my PredecefTor, and that was for the contriving and pub-
lifbing divers falfe Tales and News, to the fcandal of His Majefties
Government, and for revealing fome things contrary to the Duty
of his Place, and Oath, as a Privy-Councellor. This Caufe came
to IfTue, and in the examination of WitnefTes, another IlTue hap-
pened, a collateral matter by it felf touching the Credit of Pri-
geon : Upon examination of^ this it fell out, ( \'ihich we could,
"not difcover before Publication in the firll: Caufe j that there had
been fuch tampering, feducing, and labouring of the Kings Wit-
I neffes, as never was in any Caufe : There hath been fuch Prepara-
tions, fuch Inftrufliions, fuch Limitations to his ov/n WitnefTes,
to direfl: them how far they fliould f\\'ear, to what to give anfwer,
and to what not. My Lords, thefe Proceedings ( if they might
be fuffered ) tend totally to the fiibverfion of all Juftice : For the
Proceedinss in this Court, as in all other Courts, is by examination
of WitnefTes returned in Parchment not ziva. voce ; therefore if
any be inflruded what to fv\'ear to, and it fo returned in Writing,
whether through threats, or for fear, or favour, or afTeftion, it is
impotfible you mould give a juil Sentence, though you intend it
never fb clear. My Lords, this appearing after Publication in the
jfirfb Caufe, it was time ( for Example ^ke ) to bring this Caufe
and
Hijiorical ColleBions.
319
aad tliele MifHemcanours to a publick Sentence, to be a terror to all ( i J C/iroU
others for the like. So as ( my Lords ) this Caufe is not grounded
upon the fabulous Story between Sir "Jo. Mounfrn^ Mr. Amcocks, and
'Prr{L3?i^ but upon the(e juft Grounds and Proceedings ; and herein
we have great caule to blels God, and magnifie His Majefties [u-
ffice, that we live not under a Cobweb-Law, that taketli finall Flies,
and lets great ones pafs. This Prefence doth tell us, that Honou-
rable Perfbns who do deferve well have His Majefties Favour, and
their own Merits do receive a double Honour ; and this perfon (how
great fbever ) if he deferve ill, he muft receive a Sentence according
to his juft demerit.
My Lords, I fliall come now to the particular Charges, and there-
in I fliall begin with the firfl Charge, which is concerning the
tampering with the four Witneifes, who depofed about this Bafiard-
Child ; wherein the flate of the Queftion flandeth thus.
In ttbriiary 10 Car. there was an Order for the examinotion of
FrigeoHs Credit : Among other things there fell out a Queftion
concerning a Baftard-Child, whether 'John Prigeon was the repu-
ted Father yea or no ? There was for the Proof of the Faft pro-
duced before the Juftices Dr. Topbam and Dr. Farmery ; and before
the Juftices at publick SefTions feveral WitnefTes, four of them,
Lnnfty Wethcrely Anne Smith, and liib^ depofed direftly, that this
Prigeon was the Father of this Child ; fbme by confeffion from
him, fome by confefTion from her felf being the Mother of the
Child, who were prefent at the time of her delivery.
Thefe Examinations thus taken, for the truth of it that he M'as
the Father of the Baftard-Child, the Juftices did certifie it in pub-
lick SefTions accordingly. But now my Lord of Lincoln conceiveth
with himfelf, that he cannot fupport the Credit of Prigeon (which
concerned him fb much ) unleft he could get thele four WitnefTes
to vary from their former Teftimony, and by his Agents hath la-
boured as you have heard. To this they have feemed to make
fbme Anfwer : i. The Order made 2. Mai] 9 Car. and that was be-
fore Sir John Boiv/es^ Serjeant Ca/lif, and others ; and that Order
was to acquit Prigeon of the Baftard-Child, and to lay it upon one
Booth. To that I fhall give a clear Anfwer : Firft of all. Dr. Topham
and Farmery that were the Men that took the Examinations
concerning this Baftard-Child, were not prefent at the making of
this Order. Secondly, The WitnefTes, thofe four of them that
fliould give the Teftimony for the Proof, no one of them were pre-
fent; and it is proved that /FtT^/A'Tc/was hired tobe abfent : And
in the lalf place, this Order 2 . Maij was contraried by the Order
7,.Octob. when all the other Jufl"icesfavc Sir jfo/^/; Bi^nVej- were pre-
fent at the SefTions. And for the Order that was confirmed by the
Conxt o^ ]\inpj-Brnch, it was upon the Regality of the Order, but
not in refj^eft of the Faft. And ( my Lords ) there is another
Ground of if, for at that time Pri^eonha.d fubmitted to keep the
Baftard Child, and given Bond to difcharge the Parifli, and main-
tain the Child. This was proved by two WitnefTes : But the of-
fence is not concerning this Baftard-Cfiild ; for fuppofe a Man had
a Baftard-Child, will that make his Teftimony wholly void? The
Charge is, that after fuch time, as this was fully depofed by four
WitnefTes, there muft be a labouring with them, and giving of
Moriev
420
Hiflorical ColleEfions.
An. 1637.
Money to make a Retra£tation. i . For Weth. rc(s Retraftation, youf
Lordfliips have heard he was examined at the Scflions i. Ocroh. that
he did confefs there ^^o/^;? Frigeon intreated him not to appear at
the SefTions, and that he fliould anfvver to no more Qrieftions than
the Court asked him ; this was his depofition at the Scflions. Be-
ing examined in the lecond Caufc, there he doth mince his Depo-
fition, 160. Int. he faith Prigeon did not draw him by Bribes or
Rewards to equivocate, &c. And that it was for Bribes and Re-
wards it appeareth by Qtorge Wdkus Examination ; for he fwear-
eth, that this Money was to be paid to a Butcher by 6 a', in a Joynt;
lb it was not given as a Bribe, but by 6 d. in a joynt of Meat.
Georq^e Walker fweareth, that 0)Vi:n and Foml lhe\^'ed Wetherd a
Difitionary, and fhewed him the meaning of the word Equivoca-
tion and Subornation, and this Diicourfe was related to Elizabeth
Smith. To which the Recorder replyed, Mr. Attorney miftakes
himfelf; I will not (faith the Attorney) touch upon any thing in
my Reply that will not plainly appear in the Books.
To take off this Charge concerning Wet here I, they have read
Wetherels Depofition, (againft whom all this Proof is ) to the 2,
T^y 4, and 5 Int. to which Interrogatories his Depofition is a plain
Negative pregnant, made upon a leading Int. thus : Whether did
Powel at the time and place aforcfaid requefl: you to write your
Name to any Note at all ? ( to Ihew that it is leading ) IVitherel
anfwereth Int. 5. That the laid Po're/did not in yafmary aforelaid,
at the place aforefaid, requefl: him to write his Anfwer to any Note,
or to any Note to fuch effeft ; fo he fweareth he did not at that
time and place fliew fuch a Note. The Depofition of Walker is.
That by the direftion oiOwen and Poivel he tendered the Note, as
by the direction of the Lord Bifhop. Another thing upon the ex-
amination of Wetherc/, he was not examined till the 16 th of Mav
15. and at that time he had Copies of JVa/ker s Examinnions, and
lb prepared himfelf.
This is the Anfvver I give to the Depofition of We-
therel.
They had next George Walker, a Defendant, who hath confefl"ed
againft Himfelf lufficient matter, for which I hope your Lordfliips
will Sentence him. It is proved he was imployed to tamper with
Alice Smith., and he mufl: be the Man to give an account to my Lord
Bifliop of the Proceedings. They fay it was a lawful and juftifia-
ble thing to ask a Witnefs aQuelfion, and that Wetherelwz.'i but
ask'd the Qiieftion, and nothing more : My Lords, here is more
than asking the Queftion, it appeareth in the Proof that there was
a Note delivered by Powel to Walker to fubfcribe, there was fhew-
m^toWethcrelz. Diftionary to expound the words Equivocation 2^nd
Si^.krnatica ; fo it w^as not an asking for bare information, but a
tendring of Notes to avoid equivocation in theCaule.
In the next place they have infifted upon the Depofition of Lnn^?
and Alice Smith; wherein they fay, that what they have fiid was
but an Explanation of what they had formerly fworn, and nore-
traftation , and that it was lawful for a Witnefs to explain himfelf;
but it will appear to be a plain Rctraclation. i. Alice Smith did de-
H/Jlorical Colleclions.
42
pofe formerly, that Prioeo» fent for her, defiring her to fee if file
could get the Woman lay the Child upon any other. That was
her Depofition at the Se{Tions. But in the lecond Caufe flie fwear-
eth it was to get her to lay the Child upon any other that flie re-
puted to be the Father of it, and not upon himlelf. And fb for
Jmie 7 fib her Depofition at the* Se'Tions, that Pr/ocm had offered
her 20 s. to get her lay the Child upon any other but upon him;
but her Depofuion in the iecond Caule to lay the Child upon ibme
that were the true Father : lb here is a Depofition that a Bribe
fhould be given to lay the Child upon any other but upon Prigcon,
and now to depofe to lay the Child upon the true Father, isa'crof-
fing of the former Depofition, and fiir from an Explanation.
They have taken fome Exceptions to Giorge Walker^ to Ihew how
improbable a thing it was, ;:hat he lliould be a fit perfbn to nego-
tiate in this bulincis, and they told your Lordlhips Ibme Reafbns,
George Wdktr and Prigeon were not kind, and therefore unlikely
George Wdher fliould be iniployed for iupporting the Credit of Pn-
freon. I. In this Particular they have not read that there was any
difference between them two. 2. George JVaiker might be very
well made choice of to be imployed, for he was a Procfor in my
Lord BiOiops Court. ^. Suppofe there were differences between
them two, this was an Imployment for the Bifliop o^ Lincohr, for
this was a Service for my Lord Bifliop, M'ho was much engaged to
maintain the Credit of Prigeon , for it appears out of his own
mouth by ^ Witneffes, that it had cod: him i2co /. and 1000 /. to
maintain his Credit ; for Pngeon at this time had taken the Child
upon him, but the Service that was to be done was for the Bi-
fliop, and therefore Georg^e fVa/ker a fit man for it. But they lay
here was only a Queftion asked of Ji/ce Smithy whether flie had
laid fo ? here was no tampering with her to alter her Depofition :
Look upon the Depofition of Alice Smith to Int. 29, ^i. and there it
will appear unto your Lordfliips, it was not a bare asking of a Que-
ftion ; did not he fay it was to lay the Child upon any other that was
the true Father ? but the very quefHon asked, they endeavoured to
have proved in the lecond Caufe. The queffion was, whether that
Alice Smith could depoie that Prigeon laid unto her, get the Woman
to lay the Child upon the true Father ? George Wdker brought
word to the Bilhop they could get nothing from her as yet.
E. S?mth h;t. 29. faith, Jlice S}?mh did then and there ferioufly
affirm, that Prigeo/i offered her 5 /. to lay the Baffard-Child upon
any other, and not upon him : and then this Deponerit asked her,
if file w^ere not mlffaken, for he meant it was to lay the Child upon
any other that was the right Father; Ihe anfwered again, no, file
was not miftaken, the 5 /. was to procure her to lay it upon any o-
ther, and not upon him ; and laid further, that the Woman had
acknowledged PW^eo;^ had twice the ule of her Bodv againftthe
Church-wall ; that George IValker, in the prefence of Powel and
Otve/7, and others, related unto them the fiibftance and effect of the
whole Dilcourle with Jlice Smith at Mortar/; and one of them defi-
red -o write his Letter to the Bifliop to give him latisfaftion, and
told this Deponent it was defired by Owen and Powel to give his
Lordlhip an account of their Journey ; in which Letter was ex-
preffed, that they could gain nothing out of yl/ice Smith.
Mv
1 5 C/troW
4^2
Hiflorical ColleElions,
An. l6^J.
My Lords, to confirm this we read George Walktr Int. 17. who
proveth the Uke preffing of Alice Smith \ and in the end the confe-
quence w^as, Alice Smith did vary from what flie had formerly
Iworn.
Next place they have given lome .Anfwer unto Robert Richard-
fon^ to the ^^5. Int. (which being iread was to this effefl:) faith,
John Vrigeon the elder did acquaint this Deponent to come and
fpcak with the Bifhop Q){ Lincoln before his Examination, and ac-
cordingly his Lordlliip did in his little Parlour fpeak with this De-
ponent, and did then and there acquaint him, that he had feen the
Copy of the Examinations taken at the SeiTions, and did ask this
Deponent who drew up the fame ; this Deponent anfwered his
Lordiliip, that he did it as Clark of the Peace: the Bifliopfaid,
he was mjftaken in the Penning of the Depofition, for that he
fliould have faid, to lay the Child upon the right Father, and not
otherwife. The Bifliop ask'd how he would interpret the Record ;
he faid he could think no otherwife of it than as the Witnefs had
fworn. And this Deponent fiirther faith he verily believeth his
Lordfliip would have had him to have altered the Record, that it
might not trench upon Prigeons Credit, for he would have had him
jiven It a right Father.
My Lords^ your Lordfhips may obferve firfl of all, that my Lord
BiOiop fent for /?/f/7^r^/» to come to him and fpeak with him, be-
fore he fliould be examined ; then my Lord asked who drew the
Depofition of Anne. Tub and Alice Smith \ he told him they were
drawn up in open Court ; he fiiid he thought the Deponent was
deceiv'd, for it fhould be upon the right Father ; fo here was a Re-
tractation, which v\'as the Point in iffue. 5. He asketh him how
he would interpret the Record, and wifhed him to be tender of
Prigeons Credit.
My Lords, this is of great confequence ; for if my Lord Bifliop
could have gained the razing of this Record, to lay the Baflard-
Child upon any other that was the ridit Father, then he had gain-
ed the Caufe ; for the tampering with WitnefTes was the Ground of
the Caufe.
The next Objeftion they made, was touching the fetching away
of this fame Alice Smith. They have told your Lordfliips, that flie
was brought to Huntington.^ and not finding the Commiffioners
there, they brought her up to London^ and here file was examined,
and if the Kings Council would have examined her, they might
have exhibited Interr"* ; and they have told your Lordfliips, that
the Charge M'as, that fhe was fliifted from place to place, that
file might not be examined as a Witnefs for the King. They have
bitterly miftaken this Charge of the Information ; for the Charge
is, that they did fhift her away from place to place , that fhe
fliould not be examined as a Witnefs at the Commiffion. 2. Of
purpofe to caufe her to vary and retra£b her TefHmony, by work-
ing with her during the time of the execution of the Commiflion,
that file fliouH have been examined for the King : For this Com-
miflion was executed at Bedfordhmxv.'thc'MiXes irom Htmtingtony
where they were with Alice Smith ; and if they had not an end in
it, they might as well have brought her to Bedford^ being but
twelve Miles, as to London, being 50 Miles. 9. Marti] the Com-
miflion
Hiftorical ColleBioits.
miflion was executed at Bedford .• 1 5 . Martij executed at Leicefttr :
Mtrt/j adjourned and executed at Lincoln : 7. Aprilis executed
21
at H.;ntington\ and the very day that fhe was examined at Londo,,^
this Alice Smith they fent unto her, and profered her Money, told
I her fhe fhould never want ; flie went away in poor Habit, glad to
I borrow her Maids Cloaths, rcturneth again Gentlewoman-like, and
j lendeth Money.
! They fay, when (he was at London^ file continued there keepin-^
I an Ale-houfe at Ifljittinotons-Cat till the Sicknefs in Michaelm.rs-
I 7erm,2in6. then was forced to go into the Country ; and all that time
I they might have examined Iier for the King, living in lb open a
J manner. I agree,flie might have lived openly at lVhittincrtons-Cat,?ir\d
be known to the Juftices of the Peace for keeping of an Ale-houfe,
or perhaps for her good Behaviour ; but how the Profecutor of the
Caufc fliould come to find her, I know not : when file was with
her Husband, all his Goods had like to have been taken in Execu-
tion, and Hie had not 40 s. to redeem them ; yet file had Means
enough to furnifh an Ale-houfe, and to live afterwards Gentlewo-
man-Uke. But ( my Lords ) they have prefTed us how we bring
thefe Charges home upon my Lord Bifnoji, nothing fixeth upon
him they fay ; God forbid he fhould be charged, unlefs he be an
A£tor or a Procurer.
Obferve thefe Retraftations, and thefe variations in the Depo-
I.
fitions, they were procured to maintain the Credit of Frigeon : It
appeareth by three WitnefTes that have been read, out of my Lord
Bifhops own mouth, that the mantaining of the Credit of Pri^eon
Iiath cofl my Lord Biflhop 1200 /. and another fpeaketh of 1000 /.
If this Charge come not home to my Lord Bifliop, why fliould he
conclude himfelf of expending 1 200 /. to maintain his Credit ;
for it did concern my Lord Bifhop, for he was his Principal Wit-
nefs in the firft Caufe.
Owen and Pon'el were the Servants of the BiHiop ; and w hen in
their Journey they could not prevail any thing with Alice Smithy
then the account of this muft be given to my Lord Bifliop, and
Walker muft write a Letter accordingly : Qui hono^ fay they, vv'ho
fliould receive benefit but Prigeon ? Pri^r[eon was the Principal Wit-
nefs in the firft Caufe, my Lord Bifliop did maintain his Credit ; it
was no advantage to Prigeon , for the Baflard-Child was fabmitted
unto. And then your Lordfhips have heard what a tampering hath
been with Richardfon^ and that by my Lord himfelf, who fent for
him to come and fpeak with him before he was examined ; and if
he had prevailed with Richardfon upon this, there had been an end
of the bufinefs, for the Retraftation of Anne Tub, and Alice SmitJ}^
and IVctherel, had been as he would have it ; then for the leading
Interr* exhibited by himfelf in this Caufe ; fb as I fay thefe things
things trench upon the Bifhop, and ujx)n CadwalUda- Poivel, and
George JValkr, that were imployed about Alice Smith : he procured
VVetherel to fubfcribe a Note , would have the meaning of the
words Equivocation and Sitbornntion to be expounded ; and this is
the Man mufi: give an account of the Proceedings with Alice Smith
to the Bifhop ; and all this appeareth upon his own Examination.
Thefe are the things upon the firft Charge,
1 5 (SiiroH.
I
I I
1 fliali
424
Hiflorkal ColleUions,
An. 1657.
I fliall proceed to the fecond Charge, my Lord Bifhop of Lm-
colns fcandal of the pubUck Juftices of the SefTions, in laying the
Order 5. OBcb. was a Pocket-Order, made in an Inne or an Ale-
lioufe, and before any Witneffes were examined. Your Lordfhips
may remember, that upon this Charge we made Proof, i . That
the matter of the Order was refblved by the whole Court. 2. That
what Sir 7^. Moirnfon did was at the open Seflions, and at the defire
of the other Juffices. 5. That my Lord Bifliop of Lincoln had
notice of the due making of this Order, and was Citisfied it was
juftly and duly made ; yet when Sir '^ohn Mounfon was gone into
the Country, he queftioned it, that it was not made legally, but
was a Pocket-Order made in an Inne or an Ale-houfe \ proved by
tln-ee Witneffes.
That which hath been laid againfl: this Charge, That the Bi-
Ihop had reafbn to queftion this Order ^. Ociob. for 7. S. told him
Sir J(7. Mounfon pulled it out of his Pocket upon the Bench ; it ap-
peareth by Dr. Farmery, VFiUuim Pa-kinfon, and Mr. Dalhfony that
my Lord BiOiop was informed the Order was duly made, yet
he doth publifh it to be made in an Inne or an Ale-houft.
Next place they fay Parkinfon was a fingle Witnefs, ; he was no
fingle Witnels, neither for the tampering, nor for the fcandal : for
it appears by William Amcocks^ the Bifliop would have had the
Order 7,. Oclob. impeached; and that if he w^ere examined, he
fhould fay nothing : Richard fon faid, that the Bifnop would have
had him accufe Sir Jo. Mounfon for the undue making of the Or-
der ; fo as I fay for the fcandal, and for the tampering in this kind,
Parkinfon was not a fingle Witnefs ; nor in the affirming that the
Bifliop faid it had coft him loco /. to maintain the Credit of Pri-^
^eon., for Sir Thomas Mounfon and Smith both fwear the Bifhop faid
it had cofl him 1200 /. and P^r/'/';?/^)^ fjDeaketh of 1000/ and faith
further, that the Bifliop threatned to bring him into the Star-
Chamber^ becaufe he would not comply w4th the Bifliop ; but they
fay againfl: Parkinfon he was prepared by an Affidavit. For that, I
muft remember unto your Lord fliips that this Jff davit was made by
Perkinfon upon occafion of the abufe offered by my Lord Bifliop at
the execution of the Commiflion ; at which time the fecond Suit
was not thought of, for it was doubted whether we fhould
proceed upon the Affidavit according to many Prefidents, or by
way of Information , which was the caufe of this Information.
They fay this Report might be raifed by Prigeon : befides, no time
appears when this fcandal was raifed; they are miftaken in this,
for itappeareth by Perkinfon 4^^. Int. that the Bifliop faid 20. Martij
10 Car. it was a Pocket-Order, and made before Witneffes were ex-
amined : and then Richard fon Int. 78. to the lame purpofe ; and E.
Smith Int. 78. tliat this fcandalous Report was publifhed in March i o.
They fay here was only a breach of a Promife ; the Bifliop only
made a Promife to Sir fo. Mounfon., that his Order fliould not be
examined after he was gone into the Country ; and will your Lord-
fliips punifh a Man for the breach of a Promife : The breacli of the
Promife was not the thing, as the betraying of the Truth in the
Kings Caufe, and it was the policy of the Bifliop to fend away
Sir Jo. Mounfon^ and afterwards draw it into queftion in his ab-
fence.
I do
Hifiorical ColleBiom,
425
I do not remember any more they have faid concerning this
Charge. But now it appeareth upon this Charge, i. That the Bi
fhop hath pubiifhed that this Order was made in an Inne or an Ale-
houfe, before any Witueffes were examined, to the fcandal of pub-
Uck Juftice. That is the firft offence in this lecond Charge. 2 . It
is (candalous againft his own knowledge, proved by three Witnefles.
5. His endeavour to fuborn Parktnfon^ i. To lend for him before
he was examined, and would have had him fay the Order ^. O[loh.
was made in an Line or an Ale-houfe. 2. To affirm to Verkinfon^
that Ibme of the Jufliices had confeffed as much, and did threaten
him, that if he did not agree with the Juftices, he ihould be i]ue-
ftioned in the Star-Chamher 5 and when he could not prevail with
him, then he did dire£l him, if he were examined he fhould an-
fu'er only to the bare Interr' ; fb in thefe Particulars my Lprd Bi-
fhop is concerned in this Charge. Lunn , he is concerned in this
alfb, for he was imployed to Ipeak with F.irkinfon^ and kept him
from the Church, leff: he fhould meet with Kjlvert who was an In-
former : And Int. 5, he wifhed Parkwfon to anfwer to no more than
to the bare Int. and he fhould be well paid for his pains. So as I
Ihall leave this fecond Charge, which doth re^cQ: upon my Lord
Bifhop and Lunn. And whereas they have pretended, that Sir
Jo. Mounfm fliould be an Enemy to Pnoeon, there was no Proof at
all of that in the Books ", for in truth he was the befl; means to re-
leafe Pri^eon, to get the Order in the Kjngs'Bench.
The third Charge is concerning the AJfidavit of Catlin 1 1 . Maij
Car. made a Icandalous Jffidavit, which was, that Parkmfon
II
told him, he came to fwear againfl: the Bifhop, and that Sir Jo
Mounfon had promifed him 100 /. for it, and he would fvvear home,
and feather his Nefl: by fwearing againft my Lord Bifhop. i , Your
Lordfhips have obferved what manner of Perfon he was that made
the Affidavit, he appeareth by the Sentence in the High Commilfi-
on to be a common Swearer, a common Bail, drc fb infamous, as
I fhall not need to repeat the thing in the Sentence ; and for any
thing faid to fupport his Credit, nothing will fway with your Lord-
fhips Judgments.
That that Affidavit is falfe, appeareth by Parkinfins Oath ; and
that it was contrived in an Inne in the prefence of VFalker and
Mo(iein is plainly proved.
In this the Defendants Councel firft make ObjeQion againft the
Sentence, that this Sentence was after fuch time as he was exami-
ned ; and though he be convifted of a fcandal fubfequent, that
doth no way blemifh his Teftimony : i . I fay, by the Sentence it
doth appear it was for offences done three or four years before his
Depofition taken ; fb the Sentence was for matter of offence done
before his Depofition, and the Sentence is but Declaratory of what
he was then : But they have read five Minifters, that Catlin is a
Man of good Credit, and one that preacheth well, and maketh a
Confcience of an Oath. i. Thefe Witnefles are but fuch Witnef^
fes as we produce upon our Law-wager, or for Compurgators ; they
fwear only as in common Charity : every Man is bound to think a-
nother Man honeft, unlels they did know the contrary, and fbme
of thefe Witnefles live a great way off", fbme 40 Miles. The main
part of their defence hath been to difcredit Parkinfon, and that they
I i i 2 have
I J Car oil-
4^6
Hifiorical Colle5iions.
yl». 16 ij.
have done two ways: i.They fay he was a difguifed Perfon, and
came in aMinifters Habit, and called himfelf by the name of Par-
fon VVdtfon^ to entrap C.t^//>, and therefore a Witnefs not to be be-
lieved. 2. They do pretend that Farkinfons Depofition was takeu
to fortifie his Affid.iv'n.
For the firft, this great Matter that he fhould be a difguifed Per-
fon, and forfwear his Name, and calPd himfelf by the Name of
Parfm VTatfon^ and C.xtlin not to know him, the matter was thus.
When Parknfon did fee what an y/#.iji///- CV///? made againft-
him, lie did fay, that this Catlm did not know him ; to that end
and purpofe, going wth Mr. C/^/^-envf// a Gentleman of A^ool.per
Annum, went purpofely into Catlins company to fee if he did know
him. We fhall prove unto your Lotdfliips, that P^>-/ya/'^ did not
come in any difguifed Habit ; true, he was in a black Suit, but in
no Minifters habit, nor Coat upon it, but in a black Suit proper
for a Juftice of Peace's Clark .- Your I.ordfhips will rather believe
that which is judicially fu'orn , than extrajudicially Ipoken, I
fhall defire to read two or three Witneflfcs to prove, that Perkinfon
did not come in any fuch difguifed Habit ; which being read, Mr.
Attorney proceeded, faying, i.I fliall obferve, that the two Wit-
nefTes, Booth and his Wife, fwear he did not come in any Minifters
Habit. 2. It appeareth for half an hour together Catlin did not
know Parkinfon^ till Mr. dtlver.veJls iaughirig at Parfon VVatfons
profei- to Preach at Catlins Church next Aiy.
In this third Charge I fliall obferve, how it trencheth upon thefe
Defendants, (i.) You ^nd Catlin guilty of Perjury in making of a
falfe AfRdavit againfl Parkinfnn \ and that he hath been formerly
indited of Perjury, your LordRiips have heard by the Sentence in the
High Commiflion. Walker and Moflein were prefent at the contri-
ving of tlie Ailidavit. It was all one to Catlin whether to fwear
againfl Sir. Jo. Monnfon, or Do£lor ¥arm?n.
My Lord Bifliop of Lincoln ( it fhould feem ) did take this as a
courtefie done unto him, for he did intend to give C^///;z a Living of
fourfcore pounds ftr Annmn^ but that he was advifed by Walker to
ffay this Living till this Caufe was heard. My Lord Bifliop writ
his Letter unto Pjchardfon on Catlins behalf, that if any Indiftment
were at SelTions againfb Catlin for a Common Barrator, he fliould
ilay the fame, and Po'.vel his own Servant carried the Letter. Be-
fides WitnefTes fwear Catlin did boafl of his Favour from the
Bifhop : Jie brought Gold liome with him, befides three pound gi-
ven him to bear Iiis charges.
I fliall now proceed unto the fourth Charge, which flandeth
thus : 20 Martii 10 Caroli^ a Commiilion was executed at Lincoln,
'and this was to examine him touching the credit of Prigeon ; di-
vers WitnefTes were there produced on the Kings part. My Lord
Bifliop, and other the Defendants did draw from the Kings Witnef
fes what they had depofed, and threatned fbme of them after they
were examined on the Kings part ; this is the Charge.
Lancelot Harpham to the 94?^ Inter, faith , upon this Depo-
nents Relation my Lord Bifhop willed Lun to Call for Pen, Ink and
Paper, and wifhed this Deponent to write down the fubftance of
what he had fworn , which this Deponent by his Lordfliips per-
fwafions did ; but when his Lordfliip had read the fame he liked it
not.
Hiflorical ColleBions.
427
not, but wifihed the faid Lunn to write do\v4i the Subftance of this
Deponents Relation, which he did accordingly, and then this De-
ponent fiibfcribed his Name thereunto ; then the Attorney-General
laid, here was the offence of the Bifhop to draw from H.trpham tlie
fubftance of what he had fworn, the Charge being for tampering
with Hdrfhmi^ and other the Kings witnefles. Bates faith he was
fent with a meflage from the Bifhop' to Ed'vard Smith. Thefe
things are laid as crimes upon my Lord Bifliop in this fourth
Charge. ( i.) In fending for Ed<vard Smith before he was exami-
ned, and conveying him out at the back-dore that my Lord Bifliop
fliould inftrucf him what to depofe, fending for him after examina-
tion, queitioning him what he had depofed , and told him he
had fworn malicioufly. Next place was this MefTage intended
for Ed<rard Smith. (5.) The threatning of Edivard Smith the
Kings Witnefs, that he would fit upon his Skirts. (4.) My Lord
Biihops fending for Elarph.nn after he was examined, making him
fet down the fubftance of his Depofition. (5 J William ^Imcock
fweareth that Po vtll fhewed him an Interrogatory ready drawn to
fu'ear unto, and wifhed him to be careful what he fwore, when he
was examined for the King ; For Lnnn^ he faid , he never plaid
the Knave but in this bufinefs.
As to tlie executing of the Commiffion at Lincoln in March,
loCarali, wherein KJlvert was imployed to attend for the King :
my Lord Bifhop of Lincoln called him h.tfe Fellow, fawcy Fellow^ bafe
Rajcal., proved by three Witneffes. The Charge is likewife againft
Ltmn, who called him baft Ftlloiv, and told him if the bufimfs 'vere
over, he (Jjould know he )v is a man. Thefe imperious Speeches from
the Bifhop muft needs difliearten the Witneffes that did come for
the King.
Laftly, As to the Charge for undue getting of Copies , to the
intent to make a Counter-proof of the Ivings Witneffes. Your
LordOiips may remember how A'len gave Information to the King
againft the Bifhop, for the contriving of falfe News and Tales fcan-
dalous to the Kings Government. The Referrees that took the ex-
amination of Dr. Jo. Lamb, Dr. Sibthorpe and others, they did truft
S'w IVilliam Beecher in this examination; they gave him a Charge
that the Examinations fliould be kept fecret, accordingly he fealed
them up , and when his waiting month was done, lie delivered
them over to Mr. Trnmbetl ; yet by undue means my Lord Bifliop
got Copies thereof, (i.) It appeareth by Sir William Beecher, In-
ter. 5. that he was moved by feveral perfbns at Court, to let
the Lord Bifhop underftand the effefl: of thefe Examinations ; and
that my Lord Bifliop made ufe of thofe Examinations, it appear-
eth by the proof that hath been read ; and that the Seal was bro-
ken off, and Copies delivered to his Steward. Now whether thefe
be not ftrong prefumptions, that my Lord Bifhop had the fight of
them, I muft leave to your Lordfliips.
Mr Lords, I have done with the particular Charges, and your
Lordfliips have heard in the prolecution of this Caufe, and in the
proof of it a heap of Offences , all tending to the fubverfion of
publick Juftice ; a labouring, tampering, fuborning, feducing and
fending aw^ay of the Kings Witneffes to fiipprefs the truth , to
fu^ear againft the truth, and to caufe Witneffes to make a Retradla-
tjon ;
1 J Caroli.
tiifiorjcal ColleBtom.
tion ; a fcandal railed againft the proceedings of the jufticcs at the
SelHons, and in particular an afperfion caft on the perfbn of Sir [john
Moiir:f'^K^ as though he had made the Order in an Inn or an Ale-
houfe, before any Witneffcs were examined. I hope your Lord-
fhips will clear him in his Reputation, that he hath done nothing
in this Caufe but what becometh a Perlbn in his place, and what at
other times hath been done by him and other Juftices in a publick
manner. My Lords, thefe Offences, if they were committed by an
ordinary Perfbn are great Crimes in themlelves, but being done by
my LordBilhop of L/.wo//?, who is Pr^/^s;^^/, to be a Guide, a Light,
a Judge among the Kings People, and to have a fuperintendent
Cure of Souls within his Diocefs, thefe things confidered in his
Perfbn mull needs aggravate his Offences, for him that fhould be a
Light, to become Darknels, and a Guide to lead men into Error,
a judge to overturn the Courfe of Juftice, in fuborning of Wit-
neffes, cs-c Thefe things if they be not remedied will draw upon
this Nation, that Infamy that was upon the people of Greere, that
they would buy and fell teftimony, Datc mnt/mm Teflhnoninm : But
what followed upon that, but the fubverfion and ruine of the Com-
mon-wealth ? For him that hath this fuperintendent Cure of fouls,
to do any thing for the deftroying of mens fouls, it is an high Of-
fence. Fieta i'h. 5. cap. who writ in the time of £.2. *S/ Per-
'pirtts^ &c. That the Man-ilayer killeth the body, but the fuborner
killeth his own foul, and the foul of him that fweareth.
(i .) Againft my Lord Bifhop I pray Judgement, that he maybe
deeply fined, and receive a declaratory fentenceof this Court, as un-
worthy of any Ecclefiaftical Dignity or Sacred Orders, and to be
recommended to the High-CommifTion for that purpofe ; Paf. 54.
Eliz. in a Suit in the Star-Chamber againfl the Bifliop of St. Davtds
for contriving and pubUfliingof a forged Will, he was here fined
and referred to the High CommifTion tor further proceedings.
10. Jac. John Bifhopof Down was convented before the
High Commiflion, and was there degraded for fuborning of Wit-
neues.
Third place, I defire not only a Reparation of the Credit of
Sir Jo. Moimfon, but damages for the fcandal ; and though he be
neither Party nor Relator, yet damages have been given by this
Court to a third Perfbn.
Mich. -^x. Eliz. Three Gentlemen that were no parties had 500/.
damages given them as in the cafe of the Kings Attorney againfl
Price^ damages were given to a Sheriff" that was no party.
Mr. Attorney-General having ended his Reply, the Court pro-
ceeded to pafs their Cenfure ; and the Lord Cottington firft
begun and fpake to this effeft.
The
Hiftorical ColleEiwns.
429
The Lord Cottingtons Speech.
My Lords,
' ''~¥~^He bufinels we are now met about, to put a Period unto
* 1 which hath taken up lb much time aheady in this Court,
' that I intend to be very fliort in what I have to fay. If we goto
' the Well-head, and look at the Original , ( from whence thefe
' foul Streams have iiTued ) it is very linall, and the inconvenien-
' ces my Lord hath fain into, are rather of his own feeking, than
* any ways properly oflFered unto him out of the former Paflages,
* which touched his reputation in this Court : However that Maxime
' ftands true, ^ifq; f/? fabricator fu.e fortiinji. I am fure in this,
* that through the whole PafTage and Current of it , he hath
' fought and wrought his own overthrow ; and I am fbrry that fb
' great a Perlbn, fb wife, and fb well-experienced a Man, and one
' who hath fate here himfelf, fhould now come to be Cenfured for
' fb foul Crimes, fo far unbefeeming his Funftion, and thofe Dig-
* nities he hath been graced withal in this Common-wealth. I
' find ( all the way ) leveral undue pra£lifes, many hainous at-
' tempts, and foul faults in his Agents, countenanced ( nay maintai-
* ned and fet on ) by his infligation, for which I hold both him and
* them worthy the Cenfure of this Court.
* I promife brevity, therefore I omit the relating of any thing
*■ concerning the truth of the matter, which concerned Alice Smith
' and Elizabeth Hodofm. If that Prigton had been free from the
' getting of the Baftard, and that he had fufFered that way inno-
* cently ; it had been better for my Lord of Limob] to have advifed
*■ him to a patient undergoing that afflidion, and have ftopt the
' publick defamations, which might grow thereupon, with as little
^ nolle as he might, Qmm qneat rmnimo : But thefe ftirs which
* follow after, and the great Expences which my Lord Bifhop of
* Lincoln was at to preferve Frigeons Reputation, plainly fhewed
' there was fbmewhat more in it than ordinary, when, rather than
* that fliould be tainted, my Lord would abfblutely overthrow his
' own.
' Prigeon was to be a Witnefs for my Lord Bifliop, and a main
* perfbn he was, on whom he depended for the clearing himfelf of
' thofe Charges, which your Lordfhips know he was taxed withal,
' by the lirft Bill. In the mean time a Baftard is laid unto him by
* Elizabeth Hodgfon^ which in my Lords Eftimation was much difa-
* bling to Prigeons Teftimony ; and therefore my Lord Bifhop what
* doth he ? He not only labours to fupprefs a Truth, and to conceal
' a fault in his Witnefs, but he will have him difcharged of it, ^^0
* jure qua've injuria^ it matters not.
' Hereupon the Proceedings of the Juftices of the Peace muft be
* either made none, or put out of order , fb that they iland in-
' ftead of none. A new Father muft be found, and becaufe there
' was a Commiflion to be fate upon, and Witneftes to be examined,
* fbme muft be abfented till the Commiflion was over : others are
* deterred and threatned, and Sir '^ohn Mounfon and Dr. Farmary
'muft
I J Caroli.
Concerning
the Bifhop of
LiucoLn,
430
Hijiorical Colle&ions.
An. i6^j.
*■ muft be held for to aft nothing that muft ftand in this Caufe,
' ( though in the publick SelTions ) but their Orders in that Caule
' are Pocket-Orders-
* Owe/t and Powe/, two Servants to my Lord Bifliop of Lincoln,
* they let their Wits to work to convey Alice Smith out of the way,
*■ and that with Rewards of no finall value. Letters are \Mitten,
' and much ado there is ; the leveral Mildcmeanours of Lunn and
*■ Wdktr are apparent enough ; and CAtlin he comes not behind the
' reft,nor muft I let him pafs,although he hath better luck in the car-
* riage of his knavery than any of the reft ; and for the procuring,
* gaming , and keeping of Depofitions from the cuftody of the
'Council-Table, and the Clarks there, it's plain enough, I will
' make my word good, and go to Cenfiue.
' CadwalLidtr Poivel I fine at 200 /. Otven I fine at as much ; George
* W4ker and Catlin at 300 /. a-piece.
^ Ltinn^ (who isan Agent in all the Bufmels j I hold him unfit
' for to be an Officer any more, ( he now being a Proftor-Regifter )
* I fine him at 500/. And for my Lord Bifliop of Lincoln ^ I fine
' him at loooo I. to the King, and to be Imprifbnedin the Tower
* during His Majefties Pleafure, and to be lulpended from all his Ec-
* clefiaftical Functions, both nb Officio & Beneficio ; and I refer him
* over to the High Commiffion-Court to Cenlure him as they think
* fit concerning his Degrees, and to repair Sir 'John Monnfons Re-
' putation, to pay him for the injury done to him, in particular
' 1000 Marks.
Sir John Finch his Speech.
My Lords,
' '— r^His Caufe hath held us already nine days. I find in it fix
' 1^ Charges.
* 1 . The firft and main is for tampering with Witnefles, to re-
* traO: their Teftimonies, or to vary from the fame.
* 2 . For feducing them not to depofe at all.
' 3. For undue praftifing to gain a fight of fbme Examinations
* kept in the Council-Chamber by the Clarks of the Council.
* 4. For preparing and inftrucling Witneffes by the laid Exami-
* nations.
* 5. Perjury in Catlin in an Affidavit, and fiibornation thereof.
* 6. Other undue Proceedings, whereby to caufe Witneffes to fay,
' that they did not remember, or the like.
* I will only infift upon two things.
' Fir/l, How this trenched upon my Lord Bifliop of Lincoln.
' Secondly, How far, and in what manner he purfi^ied it.
* I queftion not whether the Child gotten upon the Body of E-
' lizabeth Hodgfon be Vrigeotis^^2L or no; however the Juftices of tlie
' Peace at the Seffions, Doftor To^h.%m and Do6tor Farrz/.iry give up,
* that it is laid to him : Yet legally Prigeon is free, for by a Stat/tte
* 1 8 Eliz,. though the Order be, yet an Appeal may be made. Now
* in the fecond place, what is this to my Lord Bifliop of Lincohty
' utriim pater fit necne ?
The
H/fiorical CoileBions,
' The Blfliop is taxed for fcandalous words in matter of State,
I * contrary to his Duty as aSubjeft to his Sovereign, contrary to his
i ' Oath as a Privy-Councellor. Now Prigt:ori being a Witnefs
* muft juiiiiie that no liich fault flipt from my Lord Biihop,his Telli-
I ' mony, which feems to be lulpefted, and why ? not for the lia-
j ' ving a Child fathered upon him, but for tliat he goes about in
{ ' p/iblicn to liiborn Witnelfes, and to wreft the Truth by unlawful
' courfes, and it is to be thought that he, who was of fuch an evil
i ' Conlcicnce, as that he would caufe others, by any way of bribes
i* gifts, threats, or the like, to forfwear themfelves, and hazard
' 'their Souls, might himfelf eafilybe tampered withal to do unjufl
' Afts, and to take that falfe Oath alfb by himfelf, being led to it
*by Hopes and Ke\Aards, which he by all means fought to procure
* in others, for his own fafety.
'Now if my LordBifliop of L/^c^/;? had ufed other means, and
' gone the right way to maintain the Credit of his Witnelfes in a
* fair manner, it had been commendable ; but whether he did fbor
* no it is to be inquired after.
' By the way, my Lord, give me leave to lay M'hat Ithink, it is
' not always neceffary in this Court t3 have a Truth proved by two
* or three Witnelfes : Men will be \\'ary in Bribery, and Extortion
' and the like, to do it in publick, or to have many acquainted
* with thole works of darknefs. And fimjiU^"" Teftis many times
' fliall move and induce me verily to believe an A£t done, when
' more Proofs are fliunned.
' But to come to fbme of the Particulars,.! find here, that Wetfnrel
* hath been often tampered withal, by two of the Bifhops Servants,-
* Owen and Powel^ and there was a Note fliewed to George Walker
' to enquire of Wethcrel, whether Prigeon had done any thing with
' him or no ?
* But to takeoff this, (Mr. Recorder ^skh') George JValker is fifz-
'■ gnlaris Ttfiif. Now its plain lVeth?rel fwears pun^fually, that he
* met with Pr/^eof;, and was adviled to Ipeak fJ3aringly,and no more
* than he needs mufi:.
' Fory^/.''rf>SWM,fhedepo{eth that Pr/geon wiihi'd her to win E/iz.a-
* heth Hodofw to lay it to fbme body elfe,and he would give her 20 /.
' and fb doth Jnne Dove ; now Alice muft afterwards equivocate,
* and fay, fhe was profered Money to get her to lay it on the right
' Father, which to induce her to is no hurt.
* And I find, that Alice Smith is carried away on Horle-back by
* Poively and abfented till the CommifTion was let, and was paft, at
* Lincoln, and then brought back again by Poml. And I find fhe
* went out poor and needy, fhe returns well clad, Gentlewoman-
*■ like, and able to lend 8 /. at a time, who was ( before Oiven and
' Powel tampered with her ) fb poor, that her Goods were diftrain-
* ed upon for Rent.
* George J^^dker, he faith he Could do no good with them and fb
* writes to the Bifhop. Now for Richardfon^ the Bifhop told him,
' that he knew the Orders that were made at the SelTions, and Ri-
* chard fan is tampered v/ithal to fiipprefs that Order, and told, that if
' he would, he might do the Bifhop good Service.
* Now for Liinn^ I find him run through v^ith the BifTibp in all
* the Cafe, he teacheth to fmothei" and to equivocate ; h that I find
Kkk ^Powet
I J Caroli'
4^2
Htfiorical ColleBions,
An. 1657. ' ?oml, Otven and Walker^ guilty of the firft Charge ; Lunn I Ihall
' Sentence, but not for that Charge.
' Now my Lord himfeU^, out of his own mouth, profefsM to
* two WknelTes, 'videliat^ to Sir 'John Mo:mfon, and one Ed'.rard
' Smithf that to defend Prigeons Credit it had coft him 1 000 /. if
' not 1 2 CO /.
' My Lord Bifhop excepts againfl: fbme WitnelTcs, as Bates I
' hold him faulty, and for Mr. Jytherts mifdemeanours, ( though
' he did provoke my Lord ) yet he fhould have forborn. It was not
' (b much to affront my Lord BiHiop.as to animate his Witnefles for
* the King, which the prelcnce of ^o great a Perlbn might have
' daunted.
* And your Lordfliips know, that in the Circuit, if a great Man
' have a Caufe at the Bar, he is not to fit on the Bencii, his nod or
' frown, nay his bare Pielence, ( by way of obfervation ) may do
' much with inferior Perfons. I difcommend my Lord for his paflion,
' and commend K^jhert for the zealous profecution of his Caufe. I
* muft clear Sir '^ohn Mounfon, and for Pattifra difguifing of himfelf
' in the Habit of a Minifter,(true it is,a fhift they had to find out what
' might be ; ) But the matter was apparent to all they know he was
' a counterfeit.
*And for CutUns Teflimony, I weigh it iTot; but I find my Lord
* tampering \\ith Smithy with Edivard Smith. He mufl be brought
' in by Mr. Mojhon, and at the back door too, and after that he had
' taken his Oath, was told he had fvvorn malicioufly, and was advi-
' fed before-hand what to lay, and the Bifliop chid him, and ask'd
' why he would be fworn and not acquaint him, and let him know
' before ; and there is many Proofs of my Lord Bifliops dehorting
' and terryfying others.
' For JVa/ktr, I fliall not Cenfure Iiim, being not the manner of
' this Court to Cenfure, when he is not charged with any particu-
' lar, but in general.
* For L«»/?, I find him threatning Mr. KJhert., and I find him
' tampering divers ways, and getting the Writings from the
' Clarks.
* I agree with my Lord Cottington^ and fine him i oco Marks. I
* clear Mofleon. Catlin I leave with a non liquet ; and do cenfure
'■ Lunn to be difabled, ( by way of his profefEon) either to be Regi-
' fler or Proftor any more.
' For CadivalUder Powel and Owen, I agree with my Lord Cot-
* tington.
1 * And for my Lord Bifliop, I cenfure him 10000/. Fine to the
* Kings Majefty, to be fufpended ab omni officio & benefcio^ during
' His Majeflries Pleafure, and likewife to be Imprifbned in the Tower
* during the Kings Pleafiire, ( as my Lord Cottington faid before ; )
' alfb for to repair the Credit of Sir 'John Mounfon, I fine him 1 000
' Marks to him ; and fure. My Lords, his Perlbn doth not diminifh,
' but rather aggravate his faults : for to be faulty in fcandalizing his
' Mafter, and then fuborningly to boulfler up his fault, by fiich grofs
' and unbefeeming manner, is worfe in him than it had been in ano-
' ther Man.
' For as Mr. Attorney well noted, for him that is fet to have a care
' of "Souls, to be corrupter of them ; for him that is fet as a Light
' on
Hifloricd ColieBiom.
433
' on a Hill, toliide the Truth ; I all to mind his Greiltnels, his
' Place and his Dignity : but had he lived a private ignorant Mali, I
' fliould have gone very deep with him; but he that hath knowledge
' to rerlifie himfelf,and hath flit in the place to direft Confciences.to
' wrelt and wrong Confciences, I mufl: go as deep full in every
' thing as my Lord Cott'ingtoriy and I iHall here crave your excufe,
* and end.
Sir John Bamfton his Speech.
T Believe, my Lords, that the Lord Bilhop is guilty of three of
the Charges, and I conceive he had a fight of the Writings
from the Council-Chamber.
' I find him procuring fbme to abfent, to deter others, and all to
Hippoxt PrigeoKs Credit. Alict Smith ^x'A depofeth, xh2itP)-igPon
offered her 5 /. to prevail with Elizabeth Hodgson to lay the Child
to any other Man.
' Now my Lord Bilhop he muft intermeddle to fupport his Credit.
Idifallow of his tampering with IVethere/', to wifll a Witriefsto
keep away, or to wifli him to fay lefs than he knows, is not jufi:i-
fiable ; it not fb much concerned him, but it feems he thought it
did, and therefore he muft Ipend 1000 /. or 1200 /. to make that
good : So Sir "Joh^ Mounfon and Alice Smith depofeth, Alice Smith
is fetched, and carried, and maintained, enriched by the Bifhops
Servants. I find many fliifts in my Lord Bifhopto effeft his de-
fire ; it's plain fhe went away poor, returns rich. VFetherel\x\y!i.'^
muft be tampered withal, is alfb plain by feveral Confcflions.
* Now to the fecond Charge, the flander is laid on the Juftices :
Sir John Mounfon {dX openly in Court, the Order apparently made,
yet the Bifliop ftrives to Tupprels it. He ufeth all the ways he
can, either by fair inticements, or by foul menaces and threats, to
have them in the Star-Chamher^ &c.
*■ Now, my Lords, however he prevailed not, yet he attempted,
he endeavoured fubornation of Perjury :' And wifely did Mr. At-
torney to lay the Charge in that manner he did, for undue and un-
juft undertaking to fuborn Witneffes, it's a Crime equal, ( though
he effeft it not ) yet it's mdeficittm condemmtionis, and is cenfu-
rable.
* I find my Lord Bifhdp of Lincoln much too blame in tampering,
perfwading , threatning , and direfting of Witneffes. A foul
fault in any, but in him moft grofs, who hath Curam Jnitnannn^
throughout all his Diocefs. To deftroy Souls is moft odious, and
to be feverely puniftied.
' To proceed therefore to Cenfure, I meddle not with B.ttes his
Teftimony, but I fhall fine Pon^tl 300 /. I clear Mofiein .• And for
Lunn\ fhallfine him icoo Marks, and to be difabled alfb from his
Function. And for my Lord of Lincoln, I hold him not fit to have
the cure of Souls, anci therefore I do Cenfure him to be fufpended
tarn a!) Offirii^ qu-im a Bcn(ficio, and agree for the Fine of icooo /.
and Imprifonment during the Kings f^leafiire. And for Sir John
Mounfon, I find he hath done nothing but as he ought, and there-
K k k 2 ' fore
I J Caroli^
494
Hiflorical Colle&iom.
A:
n. I
637.1 ' fore I hold it fit his Credit fhould be repaired, and to that end
'"^ * I {hall agree with my Lord Cottington to give him 1000 Marks.
S\\r. Secretary Windebanke his Speech.
' TT*s needlefs for me to relate the Bufinefs, or to declare the name
* J of the Crime for which this great Perlbn is Cenflired here in
* this Court. To free your Lordlhips from any further trouble,
* ( having ferioufly confidered the matter ) I do find not only my
* Lord Bifliop himfelf, but alfo his Agents faulty ; and therefore
* for the Fines, Punifhments, and Imprifbnments both to him and
* them, I agree in all with my Lord Cottington ; and for Sir John
' Momjon alio.
Sir Thomas Germine's Speech,
* T Agree with my Lord Cottington.
I
The Earl of Lirvdfey his Speech.
' T Do agree with my Lord Cottington in omnihm.
I
the Earl of Arundcrs Speech.
My Lordsy
THe Caufe is great, the Perfbns eminent , the Prolecutors
( as in relation to the King ) to be relpefted. The Perfbn
that now is on the Stage to be Cenfured, one of the grave Bifhops
of the Realm, one who himlelf hath born (way, and hath lat in
a high Office under two Famous Kings, and nou^ comes to be
Cenlured for undue Proceedings in matter of Juftice. He who
had the proteftion of Equity, now hath turned to be a fubverter
of Right, and an oppreflbr of the Truth, by concealing her from
that Ihe delights in, the Light : unduly menacing, deterring, and
debarring WitnefTes in a Caufe of fuch a nature, as concerned fb
great a Perfbn as the greateft we have to do withal (under God )
on Earth. I proteft I fpeak it with grief, I am forry for his Perlbn,
much more for his Profeffion, no Child being more reverent to a
Mother, than I am tender of the Church, and of that Coat : But
upon fuch blemifhes to forbear Cenfure, were to allow of them :
I do therefore agree with my Lord Cc///;?g^r(?» in the Fine, Impri-
Ibnment, andinajlthe reft. •
7k
Hiftorical ColleBions.
435
The Earl of Manchefters Speech,
My Lords,
' T Cannot but admire to fee, that a Man of that eminency for
* I Parts and foitun^ to overflioot himlelf ib far, and to be tran-
' (ported in fb ignoble a way, as my Lord Biiliopof Lincoln hath
' been, that he would undo his own to maintain the Credit of ano-
' ther Man.
* Give me leave a little to unfold the occurrences, that it may ap-
^ pear how this came about, and what occafioned this his lb grols
' an Error.
* About the fourth Year of His now Majefties Reign, a Bill was
^ exhibited into this Court againft my Lord Bifhop of Lincoln^ tlie
'• Complaint was about matter of State : Now Vrigeon was a miin
' Witnefs for the clearing my Lord from being held guilty of what
' was thus alledged.
' The Bill was flow-paced, and flept from 4 till almoft 8 C^r. Re-
' giiy and now a Provocation begets an Information November the
* ^th ; and in February following the Balhrd is born, here is a touch
* upon Prigeons Credit, this matters not to the Bifliop for ought we
* fee ; but in May following it muft be laid on another Father, and
' one Boone is found out for the lame purpofe, and it muft be father-
* ed on him. The Juftices of Artizc publickly ordered, and fct it
' down, that it is laid upon Prigeon, and hereupon he is thought
'to be difabled of his Teftimony for theBiiliop of Lincoln, if he
' have occafion to ufe him, for his clearing in cafe of thole accufa-
* tions and informations laid againft him.
* Whereupon this Prigeon muft be let upright, and made an ho-
' neft Man, and be rectified, (though it be by indired and unlawful
* means ; ) nay moft unconfcionable Courfes, by wrefting the Con-
* fciences, and falfifyiag Oaths for the fame.
* Now, my Lords, your Lordfliips well know, that every Mans
* State, every Mans Credit, his PolTelTions and Livelihood much
* depends upon Oaths; for if not upon the Jurors, yet the Wit-
' neffes in any Cafe of Evidence, ( be it formatter of Title, or mat-
' ter of Faft ) if they be by finifter Courfes, and by Bribes and
* Threats, ( be it for fear or for love ) if they be caufed to fwear a-
' gainft their Conlciences, and that tye be takenaway whereby they
' ftand obliged before God and Men to give Right to the Truth, no
* Man is fure of any thing he enjoys, nor can expefl: to get any thing
* that is unjuftly detained and with-held from him in the Proceeding
*■ of any Court whatfbever.
* And I find my Lord Bifliop much too blame , and indeed no
* more than an Abetter in many PalTages of this Caufe tending this
' way.
' There be fix faults he is charged withal, and I find him faulty in
* three great ones,
' For hi;s tampering with WitnefTes it's plain enough, and lam
' fbrry it breaks out lb in all the way as the Caufe goes. i-. In
*■ withdrawing Witneffes , and abfenting them out of the way.
' 2. In
1 5 Caroli.
43'
Hifioricdl Colle&ionf.
An. i6^j.
>.. In preparing, fitting, and difpofing WitnefTes to his own ends.
5. In deterring them before they are to take Oath, and threatning
them after. 4. In fifting out unlawfully ( by indired and finifter
Courfes ) what Evidence and Proof was given, lb to be better
enabled to have crofs Oaths and Proofs againft the Evidence tliat
was before. 5. To caufe Witnefles to fpeak left than they know,
and to conceal the Truth, or at leaft to vary from that which they
had formerly fworn. 6. Getting the Copies out from the Clarks
of the Star-Chamher^ and keeping them a long time from that place,
where they ought to be and refide.
^ Now for a Man of Art, of a prompt and ingenious Wit, a well-
experienced Man, who hath been a Judge, and well knew the
Inconveniences of thefe defaults, and the grofiiefs of them, to
run into them fo violently, and fo foul, I cannot but admire, and
much pity him.
* Nay, he doth take upon him to defend, and to patronize Catl'n
too, although it be abfolutely to overthrow and undo himlelf.
But as it is faid, N'e^m Lxdhur n'fi a fnfjo, if my Lordfhip had
not been over-bufie for to do thofe Men good, he had never done
himfelf this harm.
' Now for Kjherts affront to him, I muft needs lay it may feem
over-much in the place where it was done, being in the chief place
of the Diocels, and to his own Perfon : But being it was in fuch
a Caufe, where Witneffes were to be heard and examined for the
King, and my Lord being a great Man in that place, I pals it by, as
his zeal and earneftnefs m profecution of the Caule, which might
elfe have fuffered, had he not ufed the better courage, and put the
better face upon it.
* For the getting the Writings from the Council-Chamber it's
plain enough, and they were abfent long enough, and whether
he had ufed or perufed them it matters not ; furely he would not
have them gotten from their due ftation, and place of abode, on-
ly to lie by him, but that he would make ule of them. And I
muft needs commend Sir Willium Beechtrs dilcretion and ingenuity
for his courage in that Particular.
* Your Lordflhips have heard already by the two Lord-Chief- Ju-
ftices, what the nature of thefe Crimes are, (though it be not
lubornation of Perjury ) yet it is manifeft injury to the witnelling
of a Truth ; and I fuppole both they that do prevail, and they that
are over-ruled and won to llich difhoneft Courfes, are much faul-
ty; and therefore I Ihall agree with my Lord Cottington for
the Fine upon the two Servants of my Lord Bifliop, Orvm and
Powel.
* And alio I fine Lunn in 1000 Marks ; I clear Moflein, and I muft
not let Cdtlin elcape, f if I can legally do it; but he hath better
fortune than the rell, though I think not a whit lels culpable.
' And for my Lord Bifhop, I muft, for his Fine, Imprilbnment,
and fufpenfion from his Dignities, Offices, and Benefices, agree
with my Lord Cottmgtonj and fo in all the refr.
The
Hifioncal ColleBions.
437
I J Varoli-
The Lord Treafiirer hh Speech.
My Lords,
THis Caufe hath held a great time, ybilr Lordfliips have had
much patience and great attention, and applied your felves
to give ear to the defences that have been made therein, M'hicli
have been very well performed by the Counfel on my Lord Bifhops
behalf.
' The Caufc is great, a great Man that is this day lentenced, and
in a matter of very high nature for me ( my Lords ) to run over
the feveral Charges, and to explain how and wherein I find my
Lord Bifhop and his Agents culpable, and very well deferving the
Cenfure of this Court for their Crimes, it were bootlels, nay al-
together needlefs to infift upon the tampering with Alice Smith
and Wtthercly with the undue Praftifes of Ln/in, Owenznd Powe/^
thele things have been copioufly let out before, and for me to re
peat, or to make any relation of my obfervations in the occur-
rences and palTages of the Caule, it were but Jcfum agere.
' The bufinels falls out very unhappily, and all the way carries
with it a relilli. My Lord Bifliops encouraging and fettmg on
the feveral Agents, that M'ere ufed for the clearing and juftitying
Priaeons reputation ; fb that in the profecution of the matter,
probable (urmifes come to be violent and forcible infligations ;
and whereas my Lord Bifhop ftrives to fupprefs a fault, which is
like to redound to Prigeons difefteem ; my Lord utterly over-
throws his own Credit, and labouring to take a ftain out of ano-
thers Face, opens feveral Scars and Ulcers in his own.
'- My Lord Bifhop might better have let the Truth have been bolt-
ed out, than fb Imother it, as to injure his own reputation, and
caule himfelf to undergo far heavier and fouler afjierfions, than
the Crimes in hisWitnelTes could ever have brought upon them or
him,
* I much pity him, and I am heartily fbrry that he was fb over-
led withdefire, as fb hotly to purfue a thing that might with a
great deal of more difcretion have been let alone.
* And truly I conceive it is now apparent to him, and he himfelf
is fbrry for his own intemperate profecutions ; and I hold no Cen-
fure can be fb heavy to him, as that your Lordfliips fhould hold
him Cenfurable, and that he fliouldnow incur the diflike and con-
demnation of this Court, wherein he hath fate as eminent in
Place and Dignity, as the reft that now are to pais Sentence upon
him.
* What Cenfure therefore my Lord Cottington before me hath gi-
ven, both for Lunny Owen^ and Po^vel, both in number, rate and
weight I agree unto ; and fb I do alfb for the Fine upon my Lord
Bifhop of Lincoln, his Imprifbnment during the Kings Pfeafure,
and the reflr.
rhe
438
Hiftorical ColleEiions.
An. 1637.
The Lord JrchSi/J)op of Canterbury his Speech.
' ^ Orry I am ( my Lords ) that fuch a Man as my Lord Bifliop
' i » of Li-fkoln for profeflion ; and forry that he, being lb wife,
' fb difcreet and undeiftanding a Man every way, fhould come tc
' ftand culpable of fuch faults as fliould delerve the Cenlure of this
' Court, and in this nature, that it fhould fall out that by being
' over-aftive and over-doing Bufineffes of other Mens, to do his
' GM'n, nay even thereby alio to undo himlelf.
' We have Adverlaries too too many amongft our felves, but this
* davs Mork opens a way for the Romamfts to take advantage by it,
' to fee 16 eminent a Perlbn as a Bifhop, and Ho eminent aBilhop as
' he, to become thus cenliirable in a thing of lb high a nature in
' this high Court, it opens way I lay to them of rejoycing, which
' I w ould to God had not been at all, or at leaft not by him.
' When I look upon and confider his excellent Parts, both of Na-
' ture, and atchieved unto by Study and Art ; when I think upon
' his Wifdom, Learning, agility of Memory, and the experience
' that accompanies him with all thole endow^ments, it puts me to
' ftand ; that after he had been overtaken in one error in the firft
' Caule, he Ihould not have recalled himfelf, and made a ftand,
' but that he hath now run into a far worle, and more delperate a
' one in this Caule, by obnoxious and criminal ways, even to a
' very precipitation and downfall of himfelf and his Credit. What
' though there was lome queftion made, and Ibme Proofs on foot,
'whereby his Loyalty to the King his Mafter leemed to be in de-
' fpute, and his difcretion might have Ibme ways come to tryal in
' matter of words, dilcovering his affeftion in Ibme matter of State?
* muft he leek unlawful means to procure his Aftions and Words to
' be lawful, and leave the courfe of a good Conlcience to bolfter up
' a fancy of innocency in another Man, and make himlelf plainly
' faulty, for to make another Man leem free from Ihame ? I could
' wifli heartily from my heart ( however this Caule be, let it be as
' it is) that his deportment in pailion had been like to that of St.
' Sicelja. I read it in a very good Author, and it is not impertinent,
' nor unworthy whatlbever patience, when a great ftir there was,
' and all the Stream and Current run quite againft her to bear her
' do\\'n in a moft furious and violent manner, fhe mildly in the heat
' of thele Storms, and when thole Billows leem'd to overwhelm
' her, and hide her from all hopes of being admitted hearing her to
' plead her innocency ,much left to gain fuccels to her de(ires,it being
' told her there were many WitnelTes againft her, but none that did,
' or would be, or feen to appear for her, or in her behalf. Slie uled
* the laying of holy Jol?, Te[Hs mms eft in Calis., my Witnels is a-
' bove : and lb it fell out, for ( as the Story faith ) when the mat-
'• ter came to belcanned, the WitnelTes that were againft her, (by
' what means, or from whence, or how, I know not ) but they
*■ were lb daunted and ftruck with fuch an amazement, that it was
' their general Vote, Nos nihil hahemm contra. Ctceliam, I have it
' in St. Aiiguftint^ a Father of the Church, whole Authority there
'is
Hiftorical Colle&ionf.
4^9
is 110 doubt off, he being held learned amongft the belt of that
time ) l/L i . contra hxnticiim ibnxtnm. It had been better with
my Lord Bilhop if he had had fuch a Caufe : I am fure if the
circumftances of his behaviour had been more temperate and
mixt \\'ith more patience, the event could not have been fo un-
lucky, and his Cenfure fb (liarp, as it is now like to be.
* I may be bold to fty it, my Lords, for it's no untrutli ; I have
been five feveral times upon my knees to the King my Mafter in
his behalf, I delivered for him feveral Petitions my felf into the
Kings own Hand, and I then did that ( which had I known what
now I do ) I fliould not have done. I lent him under my own
Hand the Kings Anfwer upon every Petition, And after all thofe
five feveral Services, I muil tell you, my Lords, I was but courfly
dealt withal, nay very ill requited ; yet was I overcome to move
again at Chriftm.u lalt, and I have it under his own Hand, or ( if
his Secretary writ the Letter ) his own Hand and Name is un-
derlcribed, that he had better and more hopes by my ojice moving
the King, than he had formerly had, by the fblicitation and means
of all the friends he had at Court.
' And no longer ago than ztChnfttn.ii laft I moved the King my
Mafter again in his behalf ; and then ( had he (blicited that which
was intented for his good, and profecuted the fame with fubmif^
fion) it had in all hkelyhood gone better with him thanheco!ild
have expected, nay I think, as the cafe flood, better than he then
defired.
' But a crofs Bufinefs came juft in the way at the very time, ( of
which your Lordfhips, or the moll part of you, lam fure, are
privy to) and had not I then interpoled my felf, (the King being
then fb exalperate J againft him ) he had fain. But to let pafs mv
defires, and the earneftnefs I ufed, and the tendernefs I had, left
my publick afj^erfion fhould have been opened, and fuch as could
not have been wiped away, but needs mufl have left a flain to my
Coat.
* I muff: needs fay thus much for His Majefty, lie was very inclina-
ble to have had a fair reconcilement, as may appear by His often
asking what Lincoln ^/W, doth he fetk to repair my Credit ? Hath ht
any (Jjew of forrovfidnpfs for his fault? And, my Lords, I may fafe-
iy fay ( becaufe I truly fpeak it) who ever penned his Petitions
( howfbever they feemed to be his Friends, or whoever advifed
him to let them pafs in that form ) they did him ( though qiie-
flionlefs he is able to Pen them himfelf ) an injury, yet if he did
it by advice they were not therein his Friends, for in them all
there is not one word tending to fubmiflion and confeffion, or fb
much as an acknowledgement of a fault, whereby any fhew of
Recantation in that nature might be made to his Maje(l:y, as both
in duty he ought, and in wifdom might hav^e made proffer of, and
with more fafety and affu ranee have performed, infbmuch as that
by his ftiff and ftubborn behaviour, there was no way but to have
' tlie bufinefs fully ript up, heard, and decided.
* Yet there were not wanting divers ill difpofed perfbns, who
' bruited it forth, and very boldly gave out, that my Lord Billiop
' of Lincoln had not made any fault, or done or fpoken ought, but
* that which he could ftand unto, and needed not to be afliamed of,
Lll *only
I Caroli'
440
Hifiorical ColleEiion
s.
' only that he was rich and muft be let blood, he might well fpare it,
' and the King wanted loooo or 12000/. and fo he Iliould have
' little laid to him, if it was once condefcended unto, and either
' given by him, or gotten from him. But howlbever thefe Reports
' cTo the King is julf as he is honourable ; and though he was in-
' clined to mercy (iox fb theBifliop of Lincoln had found it, if he
' had ibught it feafonably ) yet now you fee. there is caufe, and jufr
' caufe of cenfure, and in a very high nature of defert in him to be
' fentenced by this Court.
' Now for the nature of the caufe, the foveral charges of the
* proofs, and the defences alfb that have been by the Lord Bifliops
' Council , hath fully and amply been opened by the tv\o Lords
* Chief Jultices, and if I fhould attempt anything this VAay, it were
' but needlels labour to my lelf, and would breed a tedious trouble-
' fbmnefs to your Lordfljips, dictum dicere would be all, when I had
' faid all.
' I leave to meddle with the manner of the proceedings, and muft
' give Mr. Attorney a great and large Commendation, and Mr. Sol-
' licitor alfb for their wife ftating of the Caufe, and for their wif-
' dom, wit, temper, and patience in the profecuting of the fame.
* The matter is ill, and howfbever it perhaps be not fubornation of
* Perjury, yet to tamper with WitnefTes, to threaten, deter, afright,
' corrupt or to filence, or abfent thofe that are to witnefs a truth,
' and to give evidence in a Court of Juftice are ejnfdem naturji^ a
' very foul Crime and a mofl odious and deteftable Fault, in any
'man of what condition fbever he be : and if thefe things be fiif-
' fered and may go unpunifhable no ftate can fland, and it deftroys
' the intereft oimeum & tuiim, and no man is fure of what he holds,
' or can fay whether he hath an eftate or no.
* It's a point that ruins all right, and is the utter E«emy and Sub-
*verterof all Juflice, and muft needs overthrow any State, where
'*■ it is not weeded out and prevented by fevere Anima.dverfion and
* correftions when it happens to be found out.
' £/->/?•, It deftroys Maximum Mandntimi the great Command-
' ment given by the great Lawgiver, God himfelf, Thou (J)alt not
* hearfalft witnefs ; In the fifth of Le%>iticns^ if a man know a truth
' he is not to conceal it ; nay, he is to witnefs it.
' In the 2 ^d. of Exodfts, a man is not in any cafe to bear unjuft
' witnefs, and fb in the ninth of Deitteronomv^ it is in Crimindibusy
' and he that did bear falfe witnefs was to fuffer ^'fr Ir^emTdionis
* that fame punifliment and lofs, which by his falfe Teftimony the
' other Party had undergone.
* In all the time that palTes from the Creation of the World until
' the Law, I do not find that the Holy Ghoft once made mention of
* any, that attempted in this way. t find no (hadow nor overture
I ' of anv iiich Crime ; the corruption of nature had not then grow n
I ' to the height, and fo over-Powed the Banks, as to break out fb
* outragioufly, and produce any fuch ill difpofed perfbns.
' Infbmuch as I find not any traft, no I'cfiiginm of the like prefi-
* dent for obove ?ooo years, and the Fathers of the Church upon
'that place, where it is faid, out of the month oftvoor thxee IV.t-
' mjfFS (Ijall eT'rv thtnghe 'ytftified ; they delcant upon it, why two
' or three Witneffes in matters of confequence ? Becaufe, fay thcv,
To
Hiflorical CoUe^Jouf.
441
' lb many lliould not be fubjed to be tampered withal, being they I i 3 Caro/i.
' might be of feveral tempers, feveral conditions, and ib the truth
' might be had by fbme of them, if riot by all.
' And for a long time I read of none, but of the devillifli practice
' and leading piece of impiety fct on foot by Jcfdel, for what caufe,
' and how profecuted, you all well know, and what file was, how
' file fped, and w^hat end fhe made is recorded to pofterity. Yet
' ( my Lords ) I pray you obferve and note with me,how warily the
' Holy Ghoft goeth about in the letting out of this Fa£l, and the
* pafTages therein in the 21//. verle, as if the Spirit of God was un-
* willing todifplay and dilcover the heiriouliiels of this Monfter
* hatched by this vile Woman ; as if he would not have it leen, he
* fhadows it forth in a low ftream, that there came in two Sons of
* J5;7.'^/and lliid, arc As if the Original of this odious praftice was i Kingsca.zi.
' not rooted in humane nature, bur took his birth from Hell, it came
* in with two Sons of Beli.il in the Devils name.
* Well, after^-ards luch a Tutor could not want apt Scholars,
' and, as Saint Paul laith in another cafe, whe-a I come to fptak of it
' after thp mitnmr of men, I find it then praftiled, and that (with a
' witncls) it o-ftficedthe God of truth, though truth it felf mull not
' be trodden under foot; but this engine fetched from Hell, muft
* be planted to defeat the Counfcls of God Almighty. They found
' out and hired falfe-witneiles againft Chrift himfelf, who they
'werevou know, Mark 14. 55. The Chief Prieffs and the Elders,
* and all the vrhole Connc"l fmght filfe witnef /to^ainfl ^efis to put him
* to death ; and after Chrift Stephen had the lame meafure, Acts 6.1 1 .
* Then they fuborned men^ ■who fiid we have htard him (peak hlajphemons
* -ivords again ft God and again ft Mofes.
* Thus amongd thole flifl-necked and hard-hearted "^trvs , the
* fault was in ufe when fin arid iniquity grew ripe, and, as the Pro-
' phit faith, Faith and truth could fcarce be found amon'^^fl mortal men ;
* but the fubverfion and deftruftion of their City follows, and there
' comes in the Government of a Warlike Nation and People, the
* Roirans \ amongft whom I find Ibme Laws made againft falle wit-
' nefTes, and thofe very fevere ones.
* Befid.s other Laws, in tlie Law of the twelve Tables there is a
* ftrift Law confirmed againft it ; and thefe twelve Tables were not
' made by any mean advice or perfbris, but by the perfbns of a
'powerful Couricil and x\\z Decemviri : That he that was found
* faulty in this notorious Crime, he was to be thro\^'n down a fteep
* high Rock, to have his Bones fhivered all to pieces, e Monte Tar-
' peic^ or e Saxo Tarpeio ; afterwards the Law-givers purfued this
* fault with banifliment and confifcation of Goods, Confifcatio bono-
rum fat ^ puniatur titt pro Crimine falft.
' Within thofe times was a heavy and moft fevere punifhment,
I whereby their Pofterity alfb was branded with the fault of them
'* that went before them.
' In the riinty fifth Council I find a courfe let down for the preven-
* tion of this Crime, and a punifliment fet for the Offendors there-
'in.
* And in later times Bartolus often meets with it , and goes very
* precifely and exaftly in the cafe, that if fb be it be found in any
* man,fb much as an overture of tampering with WitnefTeSjit is Cen
Lll
furable
J- ' 2
Hiflorical ColleBions,
An. 1657. 1 ' Turable ; mis ejl^ he is guilty, though he effeft not his purpofe, if
' he menace, threaten, or deter a Witnefs. And fb, my Lords, (hall
' I do, though he but barely attempt to finother, deter, or hinder
' any Witnefs, when he is to give his Teftimony ; be it by words,
' looks or anions, promiles or threats, it comes much to one in my
' opinion upon the matter.
* Now, my Lords, to come unto the Laws of the Church, if^^e
' perufe the dmofi and EccLfuifiical L/it, there we fhall often in
' every age, have fomewhat or other ftilleftahlifhed againft it.
' Li tlie Camm La:v the fecond part of the Decreta/s, if any man
* Aiall be a fuborner of Witneffes, Etiamfi inftigatus ant compilf.is a
' Dofmno, if he bring a falle teftimony ( though he be even enfor-
' ced to it by his Superior Lord, Governor or his Mafter j deliver
' him over to Excommunication, cjr fic maneat uJoine ad exhumvitx,
' and lb he muft ftand and remain in that ftate and cafe during term
' of life. A grievous thing, and a moft heavy burthen, the fen-
' tence of Excommunication is to an Oflfcnder, though now in thefe
' loofer times it be flighted and little fet by •, yet in cafes of this na-
' ture when the offence is fb high and tranfcendent, and of conditi-
' on tending to the mine and condemnation of the fbul, the party
' at that time, and for that present, even Dallying, Mocking and
' abufing of God to his very face, to be left void of the Communi-
' on of J;aints, to be bereaved of the benefit of being a member of
' Chrifts Flock, and cut off from that holy body the Church, I
' think that no man is in a worfe and a more miferable eflate, and
' more to be pitied, if he be infenfible of it himfelf
' To come to the firft Council of Mactdon, the feventeenth Ca-
' nof7^ S/ fit ilk inter falfos juratores, reus eflo. And what is he guil-
' ty of P Of no finall matter. Ranked and ranged in the degree and
* place of a Murtherer & cum homicidis.
*• Nay, he is worfe than a manf'ayer, for he that kills-a man de-
' ftroys but one, and that but the body neither, for he "cannot any
* ways infringe the union of his fbul that it had with his Maker.
' But he that goes about to luborn and procure falfe witneffes ; he at
' one time deflrroys two Souls, both his own, and the fbul of him
' that he fo in that kind intermedles withal ; and unlefs he be re-
' joyned again by the renewing^of Faith and ferious and hearty re-
' pentance, he fets both their Tbuls and God at odds.
' Afterwards you find it in the Weff ern parts of England^ and in
' Fraf?rt\ in the feventeenth Council of J^atha you have a tampe-
*■ rer with Witneffes adjudged to death ( even in the time of
' Alexk'is., who Mas no better than a Barbarous Goth') this Crime
' was difal lowed, made horrid, and held feverely to be puniflied.
' You may find it in St. Auoufitn^ who lived about fbme 400
' years after Ch/ift ; and indeed he raoff excellently lets it out in
' his 28/// Sfrmon, de Native, ite Domini, either he had it ont of that
* Council, or the Council out of him, being much what both at one
* time and in one age.
' Some parts of Greece I find did affeft and patronize Lying, but
' Tully wittilv guirds them for it,fa.ying, they v. ere not wife to
* countenance follv ; yet I find that Arifh-tf-: in his Rvthoricks con-
* cerning the Interrogatories to Witneffes, gives admirable rules,
* and Ibch as (though fliort ) comprehends the nooff-what of the
* moft
Hijlorkal Colle&ions.
443
nioft fti-led and the wittieft, and the fafefl: ways ulcd now adays
in that kind , //^. 2. Jifj^i. you may read the ways ot" preventi-
on herein by him fet down.
' And to come into our own Country about the year 1224, in
the Reign of King//. ^. and your Lordlhips know, that it was a
troublelbme time ; yet I read that Stephen LaMgley^ my Predecellor,
( then Arch-Bifhop of Canterbury ) called a Council to be held at
Oxford: the main bufinefs was for the reformation of two points;
the one was concerning Marriage, the other concerning Exheri-
d'tat'Oftj drc. where I find a foul penance inflifted and fet out
for him, that fhall either bear falfe witnefs by himfelf, or procure
it in another.
' For he that is a tamperer this \\'ay, he is guilty of no fmall
Crime doing, doing (^ at the fame time) wrong to three of the
greateil Perlons in the World, 'vtz. i. To God. 2. To the King.
J. To the Innocents.
* tsrfty He manifeftly wrongs God by a notorious contempt, by
a very flighting and vilifying his Omnifcience, Omniprefence and
Omnipotency.
' He robs God of that which is his very efTence , for God is truth,
(and who dare thus out-face Gods truth ! ) and wittingly devifeth
and praftifeth to lay it afide and keep it from the Light ; I find
him in very nature to be abhorred and held unfit for humane fb-
ciety. Ari(iotk himfelf in that glimmering he had of Divine
Learning, deciphers fiich a one, and fets him out by thefe very
Charafl: ers : he muft be one c^ui pietattm non curat^ a man that
matters not at all for Piety ; he muft either deny the Deity, or
elfe think he can efcape the reach of the Celeffial Powers, fuch a
one (^!(i pHtat fe latere Deo, he is able to skulk on the one fide, and
abfent himfelf from the hand of God at his pleaflire.
^Secondly, In the next place, another great Perfbn ( unto whom
he doth injury ) is the King, whom he plainly cheateth to his
Face, and wrongs in the very Seat of Juftice, even forcing his
Officers, the grave and learned Judges, will they nill they, to do
Injuftice : for if the WitnefTes be fuborned and give in falfe evi-
dence the Jurors cannot come near the truth, and the Judges
mufl needs Ena8:, Order, and Sentence what otherwife they nei-
ther would, nor ought to have done.
' Laft of all, the third Perfbn that is wronged in con(pp&-it Der,
is a perfbn of no finall efteem, the Innocent ( one many times lit-
tle enough efteemed, God knows, in the eye of the world, but
gracious and great in the fight of God, ) and he is alfb mofl: Oiame-
fullv MTonged and abufed ; nay, perhaps undone by the indireft
praftifes of thofe falfe Witneltes. Some-times his Perfbn is tra-
duced, his Fame and Credit either flained or elfe quite taken
away, or fb fhaken that it's a fhv matter to deal with him : ano-
ther while his Eftate, his Birth-right is wrefted from him, or
elfe withdrawn, and for a time with-held from him : one while
his Goods, another while his Lands, a tlfird time himfelf is at
ftake ; foLife, Lands, Goods, and All are in danger : wel! though
fiich WitnelTes be againft him, his plea is never a whit the worfe
in Foro Ctcli, his Inheritance is laid up amongft the Saints, Tefii-
monittm ejus efi in Ccelis, dotthtlefs there is a reward for the Right tons ^
* 'verity
I? C.iroli.
444
HiJIorical ColleBions.
An. 1637. ' "^^^'h t^^'ere is a God that jndgeth the Earth , for thtre is nothing hid
' which' {hall not be revealed.
' And thus, my Lords, have I laid what I thought fit, though not
ib much as the Crimes deferve, for my time being fcanted, I have
laid it out (' though roughly j yet foas it may eafily be feen of
what a vile nature this cankered and peftilent Weed is, and from
whence it had its original, and how odious and deteftable it hath
been to all ages, how dangerous the effefts be that proceed from
it, and therefore how carefully it ought to be lookt unto, and
iuppreft in all Common-wealths.
' I Ihall make my word good in my brevity concerning the lafl:
thing I am to perform , and fhall pafs over the Sentence very
f[:)eedily ; to make any repetitions were but Aclum agere ( as my
Lord or London Laid J therefore I will be fhort.
' I find much tampering and ftriving by my Lord Bifliops Agents
for to iiipprefs and decline a truth.
' I wonder that Lake fliould be fent to the Llniverfity of Cam-
bridq^e prefently to take the Degree of Doftor, and that they
would let him pals.
' I cannot commend Mo(leon f' though otherwife a very civil and
delerving man, and I think very true andtruify to His Mafter j
yet to be prefent when a Blank is put up, and an Aflldavit to be
made to a Blank by his privity and in his prelence, this is not
honeft ; he might have done well to have difallowed the proceed-
ings, or at leaft not been prelent, and have countenanced the fame.
And Walter Walker, though he be a Solliciter, and muft and ought
to follow the Caufes he undertakes, with as much skill, indufirry,
and advice as he may, yet lie might have been afhamed of this
blank Jjfidavit, and he ought indeed to have fuppreft it.
' If Walker had been a good Servant it had gone better with the
Bifliop, than now it is like to do : and if Walker do efcape feten-
cing it's more by hap than skill, more by luck than honefty. I
find him to be a very arrant honeft man in all the bufinefs, and
my Lord Bilhop is a very miferable man, thus to defend Pridgeons
good name, with the lols of his own.
* Catlin., he muft have a Living given him,and well he delerved it,
but as yet he had not plaid his part to the full, and therefore ftay
your hand (my Lord faith /^^^/,('cTyi till the bufinefs be done. A
manifeft plain proof that there was fbme ufe to be made of this
cunning and crafty Fellow, to countenance the bufmefs in hand.
And I can lay no lels, than that I find Catlin to be a very \t\vd
man, a very Incendiary, and truly to be parallel'd \\ith that Catlin
of Rome., againft whom lb many learned and eloquent Orations
were writ, by Cicero that famous Orator.
* For Lunn., let him go on in Gods Name, to be put off from the
place and offices that he hath ; and for Powel I could go deeper
than any before me hath yet done, wiro prolecutes an unjuft aft
lb long, lb oft, and never repents of it.
* For K^eherts affronting of my Lord Bifliop in that manner he
did, I muft ^^t that, and the Bifliops offering to be prelent at the
examination of tiie Witneffes, both in one diftance, and they may
very well the one of them quit the other ; and I muft commend
JQherty or any man elle tliat fliall go on in the Kings bufinels,
'and
HifloriCiil CoUeBions.
and concerning fb great a matter ; for if he had gone on pining-
ly, fainti}', and cowardly have put liis head in a hole ; if he had
by my Lords prefence, and by the terms he ufcd, gone flieepifhly
on in his biifinefs, the matter might have failed. Some or your
I.ordfhips have condemned him for his bold carriage toward a
BiOiop in his own Diocels, but I cannot, for my Lord and his
paflTions w^ere more to be condemned. A temper would better
have befitted him, and indeed he ought not to have given any
fiicli occafion, and therefore it may be laid, Etiamfi t^o di<i^nm
pan hac contimidia^ indigyms tamen cfui fecerit, I pais that by as
to he excufed, by reafbn of the weightinefs of the matter.
' For tile gaining of Papers from the Council Table, I find my
Lord Bifliop had them long enough in his cuftody, and they were
returned unlealed ; and I do find that he proceeds to counter-
proofs direftly, according as he was informed by thefe Papers,
wliich in my mind Hiews apparently that he both had them and
pcrufed them.
' For Sir John Mounfm, the King is wounded through his fides,
I have known him a long time, and I never knew nor heard any
thing of him but good, and therefore do hold one thouftnd Marks
little enough for reparation of his Credit, who did nothing but
that which was his duty, and belonged to his place.
* Now for my Lord Bifhop of Lincoln, truly I am heartily lorry
to do that which I muft do, both by realbn he is of my own
Coat, and alio by realbn of the place he hath in former time
fuftained in this Court amongft your Lordfliips, and in this Com-
mon-wealth, but I muft not forbear to do that which my Conlci-
ence leads me unto, and lels I muft not do than for to difcharge
that as I ought to do.
* Wherefore I fhall agree with my Lord Cottlngton and the reft
that have gone before me in the fine of loooo /. to His Majefty ;
and likewile for his imprilbnment in the Toxver during the Kings
pleaRire, as alio to be fulpended from the exercifing of his Ec-
clefiaftical Function, tam a Beneficiis, qtiam Qfficiisy and to be re-
ferred over to be proceeded againft in the High Commiflion
Court, as the merit of his offence Ihall deferve.
Tl^c Lord Keeper his Speech.
< ''^~|~"HisCaule, my Lords, is a Caule of great conlequence, and
* 1 it is a very foul matter, though I muft needs lay the de-
* fences that hath been made in it, hatli been very fair by Mr. Re~
* eorder, and the Councel on my Lord of Lincoln s behalf
' Mofltin I muft acquit, for CV//;^ Icame relblvedto Cenliire him
* for Perjury ; but leing the Court lets him pals, I fhall not len-
' tence him, though he is a very notorious A6lor, and had a hand
' in that ]Mr/ik jfid^mit, and help'd Smith, and countenanced and
' direfted him what to I'wear, and what to let alone.
' All my Lords aftions ( for which he is much to be blamed) are
' fubfequent to that ylffidavit ; I muft do my duty, and dilcharge
' my Conlcicnce, and fliew my love to the common good, ( what
< ever
445_
I 5 CtruU-
446
Hifiorical ColleEliom.
An. 1637.
' ever my private wifhes are ) that things had not fahi out thus with
' my Lord as they do.
*'l fhall divide all into two parts, fome things I hold faulty, and
' fbme I fhall not Cenfure ; I fhall not Ceniure Mr. l\jhtrt for his
' unmannerUneis, though the affront was great to a Man of his
' Place in the Country, where he was Bifhop of the Diocefs, and
' in the chief Seat of his JurifdiSion. Mr. Kjlvert might have
' forborn him fomewhat in that relpe£t ; but the caufe being of that
' high nature, and concerning them it did, he had fomewhat the
'■ more reafbn to be the more confident and bolder in the profecution
' thereof than ordinary, and for that concerning Sir William Eeechtr
' I find no proof of it.
* I find that Lunn , Ttibh, and Wetkrel, were tampered with-
al, but I cannot find my Lord BiHiop faulty with them : For
George Walker, I find him Cenfurable ; and lb is my Lord alio
himielf in other matters, as will appear when I ihall come at
them.
' I find by the Proof of two WitneiTes, that my Lord confefi'd
himfelf, that it coft him 1000 /. or 1200 /. to bolfter MpPn^eons
Reputation, and to do this he falls into error concerning the Order
made by Sir John Motmfon ; that muft be fiippreft, and I know
not how fo much Money fhould be expended, but upon fuch cour-
fes as were ufed with Smith and Catlin.
* Catlin told Smith he Ihould be made by it ; fb that the Order
mufi: be to undermine the WitneflTes, and get them to vary from
what they had formerly fworn before the Juftices at the publick
SefTions. I know that Men in Cafes of this nature do not bluntly
promife this or that ; but I find Walker goes about by Queftions at
firft a-far off, and then comes clofe to inftrud Sfttith what to
Iwear ; and Rewards are not behind, neither do I conceive in (iich
Cafes, that there are ever two Witnefles to be expefted, but as
my Lord Chief- Juftice of the Common-Pleas explained it, (imu-
Uris Tejlis^ fhall induce me to believe a Truth in Ibme Cafes,
and it muft of neceflity, when Circumftances concur with the
fame.
* So that whatfbever Mr. Recorder faid, the return of that Order
made by the Juftices was coram non 'Judice^ it matters not with me.
The WitneflTes knew nothing of the queftionablenefs of the Pro-
ceedings, but went on the \A'ay their Confciences at that time led
them : Now for my Lord Bifhop of Lincoln to feek to difhearten
them, to terrific them by Threats, and feek otherwife after by
Rewards and Promifes to fubvert, (or at leaft ) to divert the Cur-
rent of Juftice, I know not how to excule them, but that he is
much too blame to give fuch ill Names and difgraceful Titles to an
Order made in Court, as to call it a Pocket Order, thereby bringing
an Odtum and defamation upon the Juftices, who proceeded as
they ought, and in open Court, as appears by DoQor F.trmarv,
and by Afoot, who had both of them a hand in it, ( as I take it )
as well as Sir John Motmfon, and therefore their Credits muft be re-
paired alfb.
1 ^ For AUct Smith, fhe was tampered withal by Owen and Po"? / to
' falve up Pri<?eons Credit ; and after that ftie had taken one Oarii
before the juftices, then ( for the prefent the CommiflTion to be
' fur
Hiflorical CoUeUions.
447
< fat at Lincoln ) flie is taken and withdrawii out of the way, and
' hath Rewards given her, ( as is apparent ) either to deny, or alter,
' and vary from what fhe had fworn before. She had 5 /. offered her
* to perf\\'ade Elizabeth Hod'if»i to lay the Child to another I'athcr ;
' and then afterwards it was given her to perlwade lier to lay it to
' the right Father; and yet here is no falfe Oath, but may be true, as
' I can inftance that a Depofition may be made by a Party that may
' fwear two things that are contrary, and yet the Depofitions of
' both of them may be true.
' And yet an Attainder hath been upon the like ; now upon an
' Attainder the punifhment is great, he lofeth his Freehold, and
* Goods, all are forfeited to the King, his Houfes are to be razed
* down, Meadows plowed up, and Woods to be felled, and he him-
* lelf to be imprifbncd or baniflied, his Wife and Children to be
* turned out of all.
* So in another Cafe, one hath a hold from an Abbot, and a Rent
' is due, as Yojler in Fee he holds \iire Rtrtorix^ and it's fN^orn lie
* had Common, time out of mind : And if the words y.ire Rcctori.i
*■ be not expreft, all may be true.
* In this Cafe of Alice Smith it may be quelHoned what Money
* was promifed, 5 /. to what end ? to (wear that fhe was moved to
' get the Child laid to another : Well, afterwards file muft fwear
' that it was to lay the Child to the right Father, Mr. l^akntine and
* Mr. P(9n'e/ fhewed hei the Interrogatories, flie muft fwear againft
' the firfl Order, and Mr. Valentine faid his Heart trembled at the
* Queftions.
' There is much cunning in this way of tampering with a Wit-
' nefs, for my Lord Bifliop asks them leading Queftions, by which
* they have Liftruftions what, and how far to fwear.
And Prigeon tells Richardfo», that if he could get the Order al-
' tered, he might do theBifhopfpecial Service.
' Now it may be, laid he, may not a Man meddle, nor queftion
* witha Witnefs ? yes, but with certain limitations, for elfe, if the
' WitnefTes be made and corrupted, the Jurors and Judges both of
*■ them may be abufed ; and if that WitnefTes may be led and in-
* ftrufted by Queflions, or the like, it comes all to one as Suborna-
* tion.
' ASolliciter may warn WitnefTes to come in,he may incite them,
* and enforce them,and one as well as the other : but for a ftranger to
' labour a Juror or a Witnefs,fs not fb allowable. But a Solliciter muft
' not inflrufl: a Witnefs,nor threaten him,nor carry Letters to him, to
* induce him this way, or that ; yet he may difcourfe with him,
' and ask him what he can fay to this or that Point, and fb he may
* know whether he be fit to be ufed in the Caufe or no : by which
' means this Court is freed from the labour of asking many idle
' queftions of the WitnefTes to no end, if they can fay nothing to
* them, and fo fpend good time to no end nor purpofe ; yet he may
' not perfwade him, or threaten him to fay more or Icfs, than he of
* himfelf was inclined unto, and was by his Confcience before-hand
* bound to deUver as truth.
* The term in Law is called Embracery of a Jury, Amplextu, to
* curry favour, when one hugs them, and houfes them in their Arms
* to procure refpeft unduly to their own ends ; you have it men-
M m m ' tioned
I ^ Caroli.
Fitr-ma.
Nat.vi brni-
nm lib. lo.
448
Hiftortcal ColleBiom.
An.
1637.1' tioned 1 3 W. 4. & 16. when there is a leading of a- Jury 22 H. 6.
' whereupon it hath been ordered, that in Cafes which have any
* relation to great Perlbns, who ufiially are on the Bench , they
are upon Tryals to abfent themfelves, and not to be in prelence of
' the Bar.
' And as my Lord Chief- Juftice of the Common-Pleas well in-
' fifted upon in this Cale, the countenance ot a great Man, and one
' that is powerful in the Country to do a poor Witnefs harm in ano-
' ther way upon any other occaiion, when it fliall come to his turn,
' and occafion be offered for him to do it ; the very looks I fay of
' fuch a Man is able to put the Witneis off from what he was refbl-
' ved to fpeak, and dafh him out of countenance, that he will ei-
' ther, for fear that fuch a Man Ihall take dillike at him, or for
' hopes of much favour with him, and to gain his good will, fpeak
' fjoaringly of the matter in hand, at Icaft if he do not altogether
' decline another way in his words to that which he in his Confci-
' ence knows to be the very truth.
* So that in the Point it is plain, that when a Man fliall alter the
* Teftimony of a Witnefs, and caufe him to decline from the truth,
' whether it be by threats, promifes, or rewards, it hath ever been
' much difallowed, and he that attempts the fame is cenfiirable,
' thougli perhaps he effects it not.
' Now, my Lord, to come to the Cenfure, for I have been fbme-
' what the more bold upon your patience, than I would otli(:rwife,
' becaufe I would have it appear how far one may, and wherein one
' may not tamper, or meddle witli Witnelfes, wl^ch thing is the
^ main matter in this Cafe \\q have had fb long in hand ; for had
' not my Lord Bifliop moved this M'ay, I fhould not have found mat-
' ter in this Bill to have fentenced him at all.
* But for to juflifie Pr^^eons Credit, and to make him Ihnd up-
' right, and to clear the reputation of him, and others, fb much
' Money is fpent, and tiiefe unjuft and undue undertakings have
' been made by my Lord of Limolns Servants, and his Agents, to
!■
tamper, feduce , and withdraw the Witneifes afide againft the
' Laws of God and Man, and to the very overthrow of my Lord
'himfelf.
* For Cadivallader Po've/ it's plain all the way what he did, and m
' what undue courfes he fought to Ripprefs tiie truth ; I fliall agree
* with your Lordfliips for him in his Fine, and do Cenfure him at
' 300 /. Fine ; and for Oire^, I fhall alfb agree with you in his Fine of
' 3C0 A alfb for L»fm, I could go deeper, and fet him a greater pu-
' nifliment than your Lordfhips have, but do agree with you in his
' Fine of loco Marks, and to be difabled from being in any Office or
* Praftice hereafter in his Profeflion, or in any other Court.
' Now for my Lord Bifliop of Lincoln^ truly I am heartily fbrry
/ for him ; but ex ft sad.it ^ he is the caufe of his o\\'n overthrow,
'' Et run Roma, virihus fids, no Man hurts him but himfelf. I think
' of him as a great Perfbn, and more to be pitied for that he is a
' Church-man, and in fb eminent a Rank as a Bifhop, and none of
* the meaneft of that Dignity : and as my Lord of Canterbury fpoke,
, • that it was the more grief to him to pafs Sentence in fb deep a man-
* ner upon him, by reafbn he was of the fame Coat ; fb, my Lords,
' I cannot but be fenfible of his precedency to me in that place I
' now
Hijiorical Colle&jons.
449
now undergo by the favour, and at the Pleafurc of the Kings Ma-
jefty, my honoured Mafter.
' For a Man of his Wifdom , of that Experience , arid having
feen the various Changes of Times, and of fevcral Mens For-
tunes, lived in that eminency, and ib well-Uterated, to feek his
oan overthrow, to fupport and maintain the reputation of ano-
ther, is a thing not to be (b much as dreamed on, or could be once
thought upon, that fuch weaknefs fhould ever faften and take
place in a Perfbn lb well-guarded and accompanied with Vertues
and commendable Qiialities, as my Lord Bifliop was ever efteem-
ed to have.
' And for a Churchman, whofe ProfefTion is to fupport Mens
Confciences in the right way, and for to reduce them into it M'hen
they fliall chance to err, for him to be a feducer of the Con(cience,
is a fouler and worfe ftain in him than in another.
'But when to that Sacred Calling ( the ProfelTors whereof are
ever to be had in refped) fliall be added another Charge, and
care by the favour of the King, to become a Judge, and a Judge
of that great Court of C/M^ceryy where Equity and Confcience
give the very denomination of the Court ; to be advanced to this
eminency is a thing of great confequence, and to be admitted to
this Place is a fign of great Trult repofed and placed in that Ser-
vant by his Mafter. Now I cannot, my Lords, but be heartily
fbrry, and very much pity, that a Church-man, andBiHiop, and
one that hath been a Prelate, and eminently Dignified for the
Ipace of this i6 or 17 years at leaft together, fhould fbgrofly be
overfeen in the countenancing and cherifliing fuch foul Crimes :
Nay, a Man that had born the great Seal of En^^Und before two
fuch great Kings, and been highly graced with fb many large Te-
ftimonies, and remarkable Favours from them both, to uncaie
himfelf of all thofe, and that at once, and for fb fmall a matter,
fb little really in it felf concerning him, I cannot but wonder how
he fhould fall into fuch an error, and more pity his misfortunes
to fee him fb much his own Enemy.
' But as it hath been obferved by you all, he hath overthrown
himfelf : And therefore 1 muft do my duty, and proceed to his
Cenfure alfb, as I have in the reft ; -vmcAt Veritas c!r fiat ju-
fiitid.
' I fhall ■ agree with my Lord Cottlngton for his Fine to the King
in icooo /. and fb I do alfb with my Lord Cottington for Iiis Impri-
fbnment in the Tower during His Majefties Pleafure.
* And withal to be fufpended from all his Ecclefiafticat Dignities,
Offices, and Funftions, and in all with my Lord Cottington^ ab
Officii! & Beneficiii^ and to be referred to the High Coramilfion
for the reft.
This Bifhop of Lincoln, (once a great Minlfter of State) wreftled
through thefe difficulties and dole Imprilbnments ; was at laft fet
at liberty out of the Toner, and called by the Kings Writ to fit in
the Houfe of Peers, and after that was advanced by the King, and
reftored to all his Ecclefiaftical Dignities and Functions.
Mmm 2
the
1 J Carol! .
450
Hifiorical C o lie & tons.
1637.
/lugHll I 8.
Complaint
that the Bi-
fliops in Eng-
land kept
Courts in their
o^ Names,
without a Pa-
tent from the
King.
""He I.icenfing of all new Books was at this time in the power
of the Arch-bifhop of Canterbury and his Subftitutes and De-
pendents, who uled that ll:ri6t:ne(s,that nothing could pals the Pnfs
witliout his or their Api>robat!0»^ but the Authors, Frinttrs , and
^Stationers mufl run a hazard of ruine. But left the Printers ( being
thus reftrained ) Ihould fall to the re-printing of old Books of Di-
vinity formerly Licenfed, this Decree was made in the Star-Cham-
btr^ That no perfbn Ihall prefume to print any Book or Pamphlet
\\ liatlbever, unlels the lame be firft licenfed, with all the Titles,
Epiftles, and Prefaces therewith imprinted, by the Lord Arch-bi-
fliop of Canterbury, or the Bilhop of London for the time being, or
by their appointment ; and within the limits of either Ulniverfity
by the Chancellor or Vice-Chancellor thereof; upon pain that every
Printer fb offending fhall for ever thereafter bedifafjled to exercife
the Art of Printing, and Ihall fiiffer fuch farther punifhment, as by
this Court, or the high Commilfion, fliall be thought fitting, that
before any Books imported from Forreign Parts fliall beexpofed to
fale, a true Catalogue thereof fhall be prefented to the Arch-bifhop
of Canterbury, or the Bifliop of London. And that no Officers of the
Caftcm lliall deliver any Forreign Books out of their Hands and Cu-
ffody, before thofe Bifhops fhall have appointed one of their Chap-
lains, or fbme other Learned Man, with the Mafter and Wardens
of the Company of Stationers, or one of them , to be prefent
at the opening of the Packs and Fardels, and to view the fame.
And thofe that difbbey this Injunftion, are to beCenfuredinthis,
or the High CommifTion-Court, as the feveral Caufes fliall require.
And if in this Search there happen to be found any &/^//J/;?(t//W or
olTenfive Books, they fhall be brought to the aforefaid Bifhops ^ or
the High Commiljion-Office, that the Offenders may be puniQied.
That no Perfbn whatfbever fhall imprint in the Parts beyond the
Seas, or import from thence, any Eng^liflj Books, or whereof the
greater part is Englijfj, whether formerly Printed or not. And that
no Books whatfbever fhall be re-printed, though formerly Licenfed,
without a new Licenfe firft obtained, upon pain of like Cenfure
and Punifhment. And that if any Perfbn whatfbever, that is not
an allowed Printer, fliall prefiime to let up a Prefs for Printing, or
work at any fuch Prefs, or Set and Compofe Letters for the lame,
he fliall be fet in the Pillory , and Whipt through the City of
London.
After the making of this Decree Mr. Fox his Afts and Monu-
ments, ( called the Book of Martyrs) Bifhop "jewels Works, and
fbme parts of Dr. Willets, with others, formerly publiflied by Au-
thority, were denyed new Licenfes ; as alio the Practice of Piety.,
which had been re-printed 36 times,
AT this time the Ecclefiaftical Courts, exercifing their Power
leverely againft the Puritans, fell under the weight of a ge-
neral envy and dillike, and were fpoken againft by many, as an in-
croachment upon the Kings Prerogative contrary to Law, becaufe
they were held in the Bifhops Names, and without a Patent under
the Great Seal of England. And in regard of divers late Pamphlets
EHL
Hiftorical Colk&ions.
45
publiflicd to that pufpofe, the King was pleafed by Proclamation to
declare the Right, and vindicate the Proceedings of theEcclefiafti-
cal Courts and Officers. That the Judges being required to give their
Opinions, had certified, that Procels may ilTue out of Ecclefiaftical
Courts in the Name of the Bifliops. That a Patent under the
Great Seal is not necetTary for the keeping of Ecclefiafticai
Courts, the enabling of Citations, Examinations, Sufpenfions.and o-
ther Cenfiires of the Church. That it is not neceflary that Pro-
ceiTes Eccleliaflical , Inllitutions , or Induftions to Benefices , or
correftion of Ecclefiafticai Offences inthoie Courts, be in the Kings
Name, or under his Seal, or that the Seals of their Office have the
Kings Arms. And that the Statute of the firft of Edivard the Sixth,
that enabled the contrary, is not now in force. That Bifiiojis,
Arch-deacons, and other Ecclefiafticai Officers, may keep their Vi-
fitations without Commiffion under the Great Seal of England.
TN the Year 1652. the Lord /f^f/?r;;;, being then High Treafurer of
I England^ fent for the Mafter and Wardens of the Company of
Vintner Sy and demanded of them, in the vent and confumption of
Wines, one Peny a Quart, which is 4 /. per Tunn, which they
utterly refufed, alledging it would be the utter undoing of the re-
tailing Vintners.
Whereupon a Decree was made in the Star-Chamber., That the
Retailers of Wines ought not to fell or drefs Victuals in their Hou-
fes, which (time out of mind) they were accuftomed to do; and
this was done without any Information or Bill, or any called to de-
fend or juftifie their trade or ufage of it.
In Anno 1654. His Majefty queftioned the Vintners^ and Retailers
of Wine, for the breach of the faid Decree ; but to evade their
Cenlure they yielded to lend His Majefty 6000 Pounds ; whereup-
on His Majefty did, by His Order, give way to the Retailers of
Wines to drefs and fell Victuals till December next following ; at
which time his Majefty promifed to fettle it fo as he thought fit for
him to Sign, that was to have the Vintners relying upon that Tem-
porary Licenfe, that fo His Majefty, by His Declaration, might
continue or difcontinue their power of dreffing Meat as he fliould
find convenient.
But in Anno 16^5. the Retailers of Wines were again queftioned
for breach of the former Decree , and the Lord Qottington then
propounded to them to yield to pay fbmewhat on their vent of
Wines to His Majefty, which the Retailing Vintners utterly refufed
to do.
Again, in Anno \6t,6 many Retailers of Wines were by informa-
tion in Mafter Attorney's Name queftioned in Star-Chamber for
breach of the laid Decree, and fb far proceeded againft, as that
they were ferved with Procefs of that Court to hear Judgment.
But while things were thus depending Richard K^iluert repaired
to Alderman Ahel, ( the Mafter of the Company, and a meer ftran-
ger to Mr. KJlvert ) and told him, that His Majefty commanded
him to prolecute the Vintners in the Star-Chamber for felling above
the price, and breach of the Decree for dreffing of Meat.
Ill
5 Caroli.
The King, by
Proclamation,
vindicates
the Kight of
the Bifhops
in fo doing.
The Judges
Opinions
therein.
The Corhpa-
ny of Vint-
ners Cafe as to
the payment
of 5000 /.
^tr Avium in-
to the Excht-
qitir, for Li-
cenfe to have
hbcrty to
drefs and fell
Viftualsin
Taverns, and
Wines above
the Rates
piopofed.
452
Hiflorical Collections.
J/?. 16^7.
November 22.
Concerning
the Tradef-
men and Arti-
ficers within
three Miles of
the City of
London, not
yet admitted
into the new
Corporation.
In OHobtr Anno 1637. at J^intners-Hall London, William Abel
Alderman being then Matter of that Company, imparted to the
Company, That Mr. Richiri Kjlvert had been lately with him,
and acquainted him witii the former Paflfages.
At this Court the Company of Vintners taking their BufineK in-
to their ferious Confiderations , and weighing how they migJit
hazard the utter undoing of fuch as had tranfgreffed the l)e-
cree, if they fhould be brouglit to a Sentence in Star-Chamber ;
they fubmitted to the payment of 40 s, per Tunn, 4 /. being
demanded; and fb they, (the Company of Vintners) together
with the French and Spamfl? Merchants, contrafled by Indenture
Q^adrnpartite with His Ma jefty, to pay Him 40 /. per Tnnn on all
fiich Wines as they bought and vented, forefeeing what great hin-
drance it would be to them, if ftrangers fliould come in and fearch
tlieir Cellars, and know the Particulars of what they had bought
and fold ; the Company therefore, to prevent many Inconvenien-
ces, defired rather to Farm the Duty from His Majefty ; and His
MajefEy declaring, That he would not contract with the generality
of the Company for the fame, but with fbme particular Members,
the Company did defire Alderman Abel, and Edward K^innasion,
Robert Shaw^ Ralph Moor^ George Hubbart, and Michael Gardiner ^ S^c.
Free-men of their Company, to perform the Contrail wdth His
Majefty for the fame Duty, who took it to Farm, at 3000 l.^r Ann'
for eight years.
Wr^crca!?, upon tlje eartitil anli frequent Complaints of t9c
:jnl)alntant0 of tlje piaccis, a0 tuell toitljin tljc dtp of
London, eteiTtpt from tfjc jFroriiom tijereof, as toitfjoiit tljc faio
Citj), ann toitfjin tijjcr £^iSc0 of tfje fame, C3? tlje urcat tjticuancc
fep tfjem fiiffaineii, tij^onuO tfjc Intrufion of aliens anD ifojreigners
into tfjcfe places ; tljc tvinry, bp Ji)is letters ^patents iniHer tfie
<35«*at Seal, DateD tJje fecoiit! of June, in tlje tioeiftl) fear of ^is
it^aiemes EeiiTn, OiQ JncoriJC^ate fuel) 'Cracefmen ann artificers
Jnljaliitina' tije fame places, as Ijati feruen app?entiajips a? tlje
fpace of fcuen fears into a X^^oup Co?po?ate anc politick ; ano m
erect a fetlen (55otJcrnment fo? tlje mo?e ojnerip ntfpofinn; of CraUef
men tl)ere fo? time to come, p?oljitiitinff all perfons> after tljc
jfeaff of All-Saints tljeu nert enfuinff, to ufe, o? erercife anp Cratie,
^"^pfferp, kc. tmlefs fie o? tljep be atimittea into tlje IrtrtJom of tlje
faibcdipo?ation: accoitiing to iDljiclj tbe l\inD; tiiti refoiue, in all re-
fpects, to babe p?ocriHeb againtt tbofe ©ffenticrs, intenbinn: to babe
erclubeb tbem from tbe TDencfit of tbe faib iFrabom, anb from tbe
Crercife of €rabe taitbin tbe Places afo?efaiD>
'But fojafnnicb as tbe i^ino; is ffiben to unBerffanb, tbat partlp
bp reafon of tbe Sinfection, anb out of a mlfunberftantiinfi; of tbe
^ittffs Jntntticn, people bib, fo? a time, put off tbeir abmiffion
into tbe faib jfrcbom ; nebertbelefs? Uiljen tbe time limiteb b3as
erpireb, ^iultitubcs of people refo^teb to be abmitteb ; but comiJig
fo tbick, tlje »i5oiierno?, (Elarbcns, anb affiftants of tbe faib Co^
po?nticn, fo? fear of abmittino; fucb as lucre incapable tijereof,
tuere enfoiceb tobefi{f;tberefo?etljeJ^infl; botbnoto beclarelDis piea-
fure, Cbat tbe *©oberno?, ©Harbcns? anb affittants fljall, anb map
p?ccsb
Hijlorical ColleUions.
pwarti uiitljQtit lirlnp to atJmit into tijc fain jffottiom all fojts of
•SDraDsfmcii anti $lvtificcrsi, ass lucU 15?cidcvs5 , W,u\izx% loitk^
niakerss, nsi otberis, &c.
^-'3i)££iiitD;iS ^^aicCp finUiuQ; of iate, tijat fiime of ipij? jOatural
I t)0?it §)Ut3?f it0 Ijauc atmftu ipi^ a3ajc(Hc0 p^tncclp *i5Q)iiiiEf0,
tJjiouffl) tijC cafe Myitly tijcp cnjoj) irniiec ipijj (Jpakiou^ anti 95ilD
cJc^crnmcnt, tip toitljts'inmiiii" funnrp of !pij) S>tib|cit0 to tljc Roman
S)uper(tttion, ann to fonaUe tljc Cljurclj of England ; auo likcuiiTe
lip r£a?tmQ; to 'i^oXit^ ann gicrWce, Cclcbjatco acco?oinn; to tDe
Eitf 0 of tljC Cljiirclj of Rome, ejcpjeflp contrarp to tljc laiu of tW
Eeaim ; foi picucution mijcrcof, foi tljc time to come, ano fo? p?c-
fcmatiost of Ecliffion, as it \^ cftabitajco in tljc Cljucclj of England,
ftjljfclj iM il9nicftp i0 rcfolDcu conftautip to maintain ; tlje Mwss
tl}crcfo?e Ijati) tijougljt fit to fct fo^tlj tljig Declaration of 5310 Eopal
^lill anti picafurc -, ann tiotlj crp^cflp commanti all pccfon^,
Clci'U0 antJ laicfe0, tljat tljcp from l)cncefo?t!j forbear to attempt,
to UJitt)l)?avn anp ti)e l^inn;0 ^iibicct^ from tljc Edition tljat 10 nolo
pMfclTvB* dno ti;C ixino; tiotlj Declare, Cljat if anp of tlje Roman
partp fljall, from Ijenccfojtl), gilie fcanoal, bp Cclcli^atino: 02
ipeatinfl; of anp ^afs 0? ^aire0, tljat tljcn rpi0 S^ajcnp uiill catife
to be put in erccution aijaintt fticij Contiiniadou0 }3erfon0, tljofe
Penaltie05 luljiclj bp tljc Lauj0 arc infliacti.
^He Charge of Sir lVi/lia?n R/ifel Knight and Baronet, Trea-
furer of His Majefties Navy, touching the Monies by him
received of the feveral Sheriffs here under-named, and by them Le-
vied by vertue of His Majefties Writs Iffued out of the High Court
of Chancery in the I T^th Year of His Majefties Reign ; for and to-
wards the letting forth,and furnifhing of divers Ships for the defence
of this Realm, and paid over by them the laid Sheriffs unto the
laid Sir William Rujjel, by vertue of a fpecial Commiflion under
the Great Seal, Dated the 28/^ of December in the laid thirteenth
Year of His Majefties Reign, Amoq; Dom. 16^ j. and by Order
from the Board to be expended and disburled in and about the laid
Service.
Imprimify The laid Sir William Rujfel is charged with ^
the Sum of Four Thoufand Pounds by him received of the/
Sheriff' of the County of Berks, for and towards the let-r'4000 /.
ting forth and flirnifhing of one Ship of 400 Tunns for^
Service aforelaid.
Item, With the Sum of Four Thou&nd Five Hundred ">
Pounds received of the Sheriff' of ii«c/v;^^^^w towards the >4 5 00 1.
letting forth of one Ship of 450 Tunns. \
Item, With the Sum of Three Thoufand Pounds recei-o
ved of the Sheriff of Bedford, towards the fetting forth > 5 000 /.
one Ship of 300 Tunns. S
Item,
4_53___
I 7; droll.
Decimbir 20.
16^7.
A I'roclamati-
on retraining
the witli-
drawing his
Majefties Sub-'
ji.(Ss from the
Cliurch of
Eiglund, and
giving fcandal
in reforting to
Mafles.
December 28.
Concerning
Writs idiied
out for pay-
ment of Ship-
money .
A ComtniflTion
to Sir William
RiiJJel to re-
ceive Ship,
money upon
the Writs if-
fued out Anno
i6^1. to be
disburfed.
454
Hiftorical ColleBions.
An. 1637.
Item, With the Sum of Eight Hundred Pounds received^
of the Major and Sheriffs of Brifiol, towards the letting?8oo/.
forth of one Ship of Fourfcore Tunns. j
Item^ With the Sum of Five Thoufand and Five Hun-^
dred Pounds received of the Sheriff of Cor»n'/i^,to\vards the > 5 500 /.
fetting forth of one Ship of 5 50 Tunns. S
Item^ With the Sum of Three Thoufand Five Hundred 1
Pounds received of the Sheriff of Cmtbridge, towards the^^^co /.
fetting forth of one Ship of 3 50 Tunns. ' \
It em J With the Sum of one Thoufand and Four Hundred
Pounds received of the Sheriffs of Cumberland and Wefi-^
tnorUnd towards the fetting forth of one Ship of 1 00 Tunns.
•140c/.
//few, With the Sum of Three Thoufand Pounds recei- 1
ved of the Sheriff of Chefier, towards the letting forth ofCpoo/.
one Ship of Three Hundred Tunns. \
Item^ With the Sum of Nine Thoufand Pounds received^
of the Sheriff of Devon, towards the fetting forth of one V9000 /.
Ship of Nine Hundred Tunns. S
Item, With the Sum of Three Thoufand Five Hundred )
Pounds received of the Sheriff of Darby, towards the fet->35oo/.
ting forth of one Ship of 5 50 Tunns. S
Item, With the Sum of Five Thouland Pounds received 1
of the Sheriff of Dorfet^ towards the fetting forth of one>5oco/.
Ship of Four Hundred Tunns. S
Item, With the Sum of Two Thoufand Pounds received^
of the Sheriff of £)«re/^e, towards the fetting forth oneC2ooo/.
Ship of Two Hundred Tunns. S
Item, With the Sura of Eight Thoufand Pounds recei--^
ved of the Sheriff of E/Tejc, towards the fetting forth of CSooo /.
one Ship of Eight Hundred Tunns. )
Item, With the Sum of Five Thoufand Five Hundred^
Pdimds received of the Slieriff of Gloiice[ler, towards the r 5 5°o^-
letting forth of one Ship of Five Hundred and Fifty Tunns. )
Item, With the Sum of Six Thoufand Pounds received )
of the Sheriff of the County of Southampton, tow^ards theS6oco /.
j letting forth of one Ship of Six Hundred Tunns. S
Item, With the Sum of Three Thoufand Five Hundred;
Pounds received of the Sheriff of Hereford, towards tlie^ 5500/.
fetting forth one Ship of Three Hundred and Fifty Tunns. )
Item,
{ "-
Hiftorical CoUeBions,
Item, With the Sum of Four Thoufand Pounds received;
of the Sheriff of Hart ford, towards the letting forth of one>4ooo /.
Ship of Four Hundred Tunns. ^
Item, With the Sum of Two Thoufand Pounds received )
of the Sheriff oi Htmtingtoft, towards the letting forth of C 2000 L
one Ship of Two Hundred Tunns. ^
Item^ With the Sum of Eight Thoufand Pounds recei- ^
ved of the Sheriff of I\ent, and Cinque-Ports in Kjnt, to-CSooo /.
wards the fetting forth of one Ship of 800 Tunns. ^
Item, With the Sum of Four Tlioufand Pounds received;
of the Sheriffs oi Lamafier, towards the fetting forth of > 4000/,
one Ship of Four Hundred Tunns. ^
Item, With the Sum of Four Thoufand Five Hundred)
Pounds received of the Sheriff of Leicefter, towards the>45oo /.
fetting forth of one Ship of 450 Tunns. 3
Item, With the Sum of Eiglit Thoufand Pounds received >
of the Sheriff of Lincoln, towards the fetting forth of one^Sooo /.
Ship of Eight Hundred Tunns. j
Item, With the Sum of Five Thoufand Pounds received;
of the Sheriff o^ Middle fex, towards the fetting forth of C 5000 /<i
one Ship of Five Hundred Tunns. ^
Item, With the Sum of Fifteen Hundred Pounds recei-;
ved of the Sheriff of Monmouth, towards the fetting forth>i 500/.
of one Ship of One Hundred and Fifty Tunns. S
Item, With the Sum of SixThoufind Pounds received)
of the Sheriff of Northampton, towards the fetting forth/6000 /.
of one Ship of Six Hundred Tunns. S
Itern, With the Sum of Three Thoufand and Five Huno
dred Pounds received of the Shax'^ oi Nottingham, to- >^ 500/,
wards the fetting forth of one Ship of 3 50 Tunns. 3
Item, With the Sum of Two Thoufand and One Hun-"^
dred Pounds received of the Sheriff of NorthumberUndS'2-iool.
towards the fetting forth of one Ship of 210 Tunns. j
Item, With the Sum of Seven Thoufand and Eight Hun-'>
dred Pounds received of the Sheriff of A'(?r/-/&/^//('e, £owards>78oo /.
the fetting forth of one Ship of 780 Tunns. S
Item, With the Sum of Three Thoufand and Five Hun-;
dred Pounds received of the Sheriff of Ojf/or^, towards > 5 500/.
the fetting forth of one Ship of 3 50 Tunns. 3
455
ij Car oil I.
Knn
hem^
456
Hijiorical ColleBions,
An: t6^7'
Item, With the Sum of Eight Hundred Pounds received)
of the Sheriff of Rutland, towards the fetting forth of one/SoO /.
Ship of 80 Tunns. 3
Item, With the Sum of Eight Thoufand Pounds recei-^
vedof the Sheriff di Somerfet, towards the fetting forth/ 8000 A.
of one Ship of 800 Tunns. J
Item, With the Sum of Three Thoufand and Five Hun 7
dred Pounds received of the Sheriff of Surry, towards the/j^oo I.
fetting forth of one Ship of 3 50 Tunns. 3
Item, With the Sum of Five Thoufand Pounds recel-T
ved of the Sheriff' of Snf<exy towards the fetting forth ofMdco /.
one Ship of Five Hundred Tunns. \
Item, With the Sum of Eight Thoufand Pounds recei- 7
ved^ of the Sheriff" of Suffolk, towards the fetting forth of ^Sooo L
one Ship of Eight Hundred Tunns. >
Item, Wkh the Sum of Three Thoufand Pounds receio
ved" of the Sheriff of Stafford, towards the fetting forth of^oao /.
one Ship of Three Hundred Tunns. S
Item, With the Sum of Four Thoufand and Five Hun- 1
dred- Pounds received" of the Sheriff of Salop, towards the>450o/.
fitting forth of one Ship of 450 Tunns. >
Item, With the Sum of Four Thoufand Pounds receive J)
of the Sheriff of /f^niw/^, towards the fetting forth of one>400o L
Ship of Four Hundred Tunns. y
Item, With the Sum of Three Thoufand and Five Hun-^
dred Pounds received of the Sheriff of IVorcefitr, towards-G ^qo /.
the fetting forth of one Ship of 350 Tunns. ^
Item, W^ith the Sum of Seven Thoufand Pounds recei-i
ved of the Sheriff of Wilts, towards the fetting forth of >yoco /.
Ship of Seven Hundred Tunns. 3
Item, With the Sum of Twelve Thoufand Pounds recel-i
vedof the Sheriff of Tor/', towards the fetting forth of^i2Coo/[
Two Ship of Six Hundred Tunns a-piece. )
Item, YN'ith the Sum of 448 /. received of the Sheriff)
Item, With the Sum of 57$ /.received of the Sheriff ^
of Carmr'von, as part of the Sum of Four Thoufand Pounds( ^
charged upon the Counties in. North-Wales, towards theP'->
letting forth of one Ship of Four Hundred Tunns. J
Itemy
)
Hiftorical Collections,
457
hem. With the Sum of 1 122 /. received of the Sheriff)
of Denhei;^h, as part of the Sum of Four Thoufand PoundsC ^
charged upon the Counties of A^onMVaies, towards the fet-C
ting forth of one Ship of Four Hundred Tunns. ^
Item, With the Sum of 575 <?. received of the Sheriff^
of F/ivt, as part of the Sum of Four Thoufand PoundsC-^,
charged upon the Counties in North-W-iL's, towards theP'^ *
ietting forth of one Ship of Four Hundred Tunns. ■)
Itewy With the Sum of 864 /. received of the Sheriff)
oi Montgomery, as part of the Sum of Four ThoulandCg(5 .^
Pounds charged upon the Counties in North-lValts, to-C
vi^rds the fetting forth of one Ship of Four Hundred Tunns. ^
Item, With the Sum of 416 /. received of the Sheriff a
Xil Merioneth, as part of the Sura of Four Thoufand PoundsC .^ /
charged upon tne Counties in North-Wales, towards the^ "
letting forth of one Ship of Four Hundred Tunns. J
Item, With the Sum of 9^5 /. received of the Sheriff)
of Brecknock^ as part of the Sum of Five Thoufand PoundsCg^-, /
charged upon the Counties in South-Wales <, towards theC
fetting forth of one Ship of Five Hundred Tunns. ^
Item, With the Sum of 654 /. received of the Sheriff^
of Cardigan, as part of the Sum of Five Thoufand PoundsQ^ , /
charged upon the Counties in So/ithJValesy towards theC '
letting forth of one Ship of Five Hundred Tunns. y
Item, With the Sum of 1449 /. received of the Sheriff^
of Glamorgm, as part of the Sum of Five Thoufand PoundsC j..g /
charged upon the Counties in South-Wales, towards thef
letting forth of one Ship of Five Hundred Tunns. J
Item, With the Sum of 790 /. received of the Sheriff •>
0^ Carmarthen, AS part of the Sum of Five Thoufand Pounds(^-Q_ 1
charged upon the Counties in South-Wales, towards the^
letting forth of one Ship of Five Hundred Tunns, j
Ite?tt, With the Sum of 68 j /. 10 s. received of the )
Sheriff of Pemhrock, as part of the Sum of Five Thoufand C*^ 8 5 I-
Pounds charged upon the Countie&in South-Wales, towardsyo s.
the letting forth of one Ship of Five Hundred Tunns. ^
Item, With the Sum of 490/. 10/. received of the)
Sheriff of Radnor, as part of the Sum of Five ThoufandC490 /.
Pounds charged upon the Counties in South-Wales, towardsyo y.
the fetting fortli of one Ship of Five Hundred Tunns. ^
And fb the Total Sum charged on the faid Sir William Ruf^el
Kt. and Baronet, Treafurer of the Navy, amounteth to 196400 /.
Nn n 2
rn^ttz^^
I J Caroli.
458
Hiftorical ColleEiiom.
An. 1637.
Deamdur :8.
Touching die
Corporaiion
of Soi^-nu-
l^^rs oi Lendan.
Wlpecea0 tlje l^inn;^ moft Ctcrtlent spajcfiv, fa? tljc liettcr
pjeijcntion aiiH rcfoniiation of fuclj ifaifitte^ ann Deceits,
a0 niiijljt be attcmptcB anD piattifcn tu tije nialuno; of Soap mw
tljc l%ingDcm, aim fo? tljc Regulation of tljat Crane in a iufi ann
os>crIp iDap, nitJ, bj) Letters 15atent0 untier tiyt *S?eat %ttiU Da-
tcB t!)c 22cl of May laft, iuitli tlje anijice of l:>i0 p?ibp=Cou!!CtI,
:jnC0Jp0?atC Edward Bromfeild, tljeu lO^D S^ap? Of tlje (iLitp Of
London, antl tiiUcr0 Otljer l^erfonsi Soap-makers in tijat CitJ), bp
t&e Bante of tlje v^oijcrno?, afriftant^, ann Commanaitp of tU
%otitty of Soap-makers of London ; nnti fjat!) tijerebp urantcH tcr
tycni anD Ujcir gjuccelfo ,10 l^oioer ann pril«tletige to make ©figure
cf all fuel) S>oap, m fljall be cojruptlp, 0? itntmlp mane, tuitfj Jn-
bibition to all otijcr ii)trfon0 tofjntroctcr to life, o?etcrcifc tbat ^tty
02 i^pftetp of Soap-making, unlef0 tbep fljaU be mane Jfrec of, ann
nliouien bp tbe fain ®)OcietP*
aitn lpi0 Spaieftp, bp an Innenture of tljZ (imte Date, mane be-
tiuceii IM ^3a^crtp ann tije fain Ccmpnnp, batb p^obinen, tfjat
Ccjn ann ^ercbantable ^cap, of fcticral fa?t0, fljaU be mane fuf
ficient fo? tbe ufc ann erpence of tbe tAiiigncij], ann b^ tfjem foin at
moncrate Piices ; fome at tbiee^pence Ijriif penp tlje poimn ; ann
tlje €)£!ap mane of ©pl^^Iine, &c. at foiir=pciice l3a(f penp tlje poiutn*
ann tberefo^ tije IMm commann^ ait pcr&n^ mbatfocber, otljcr
tban fuel) a0 are 0^ fijall be free cf tlje O.in €»ocietp, tbat tbep no
itot from bencrfo?tb p?cfume to ufc 0? erercife tlje art 0? $i5pfterp cf
Soap-making, to make aup manner cf Soap tubatfocbcc initbout
tfje anotomicc of tljc fain eccietp* ann W ^a^eftp notb alCa p?o^
btbit tbe importation, from jF02reiffn 10art0, of anp Ijam 0? fcft
Soap, u.pon pain of jfo?feiture, 0? if anp po^aibe^ be Jmpojtcn,
tijat tbe fame be b:ouabt cnlp to tbe ]pon cf London, aiin tbere to
be foin bp tbe 3mpoitcr0 to tbe fain Soa'etp of Soap-makers of
London, aun to no otber lUcricns?* ann to tbe enn ajfo tbat tijc
Soap mane bp tbat Comyanp map not be (bin bp Eetail, 02 in (Siofg,
at anp ercefiibe p?icc0 ; l)k ^aiefii^ notij Cbarije ann Commann,
Cbat tbe ^m, 03ailiff, 0? otber Cbief Officer, toitb tbe afn-
ffance of Z\s)Q lixiiKc^ of tbe Ideate, in eberp Citp, 'Burrougb?
02 Cotun, no iimit fucb Eateg a0 tbep, in tbeir Jungmentis fljali
tbinfe reafonable ; Confineration beinn; ban, a0 toell of tbe fetlen
P2ice0 pain to tbe fain Societp, a0 of tbe Cbatge of Carriage,
ann otber Cafualtie^* ann l)i0 ^ateitp notb autt)o?i?e tbe <eober--
no2, affiftant0, ann Commonaltp of tbe fain Societp, aitn tbeir
Deputies ann ©fficcr^, tuitb tbe afflftantc of tbe ConffaKc, ta
enter into anp ipoufe^, Cellars, Sbop0, 0? otber piareg, nm'
alfo into anp Sbips, TBarqueg, 0? otljer GeireI0, to fearcb fo?,
ici^c, take ann carrp atuap aU fucb Soap, a0 fljall be foinin to be
unnuip mane, not unner tbe Eule, <25ot!ernmentj 01 ailoiuancc of
tbe fain Soeietp*
aitD UJberea0 1^\& ^^aicSp nin beretofo2c Jnco?po2atc niberg pet-
ton0 into onelSonp^l^olttick, bp tbe Bame of (ipobcrnc?, arailarit0,
ann lelIOU)0 of tbe Societp of Soapers of Weftminfter ; tlibiCb
^mt being afterujarn0 arengtbnen, a0 toeU toitb fiinnjp of l^s
Si3a}eftie0 5l)joclamation0, m tbe Decrees ann £)|ner0 of lais
Hifloricd CoUeBiom.
459
IM\) Coillt of Star-Chamber, nittl Otl)CrU)lfC ; tljC (tliti ^OCtCtp Of
Soapers (jntl) fiuce itfiixneti nun fui'rcnti^ea into IM ^iijcflic0
JpiUiCfj, tul}0 ijntl) Cancclicp aim iHacatcD tijc fauic, auo all p?ocla^
nintion0, ©incis, aitn Drcitcsi, toucljino; tijc fato ^ocictp of tfje
Soapers of Weflminfter tijut arc 110 lOllgCl* tO be til fa?CC, 0?put ill
ccccutioiT, jl3cya'tI}Cicr0 "^ i^aicflicii dUH aim picafure 10,
Ciiat ncitljcr %>\K Richard Wefton £\mg;!;t, no? tljC fcncral Soap-
makers of Briftol, Bridgewater, Exeter, Somerfet, Dor fet, Devon,
an9 Cornwel, no? aup of tijcm refpectiiirip, fijall be rcfttaineti 0? im-
peacljet! ijcrebp, \\\ tije makinijanrj uentniij fticlj fo?t0 ann proportions!
of €)Oiip vcorip, as tbfv ritpcctinelp are aUouien to make auo fcii in
tf)e particular Counties aim placet, to ttjem rcfpectroclp afiigiieD,
ADrm Lord Vifcount Lofttn^ Lord Chancellor of hel.Vfid, being
in the Month of Vtbrunry required by the Lord Deputy to
yield up unto him the Great Seal of the Realm of JrcLmd^ he refu-
fed to do the fame without particular Warrant from the King Hrll
obtained, whereupon he \\'as committed to Prifbn in D//^///?-Caftle
for not obeying the Lord Deputies Commands.
'He Arch-Bifliop of Cunterhnry having, in his Metropolitical
Vifitation, given lnrfru6lions to proceed againft fuch Mini-
fters as did not read His Majefties Declaration publickly in the
Church concerning Lawful Smrti on the Lords-day, was imitated
by other Bilhops in their refpeftive Vifitations, who likewife re-
quired the Church-wardens upon Oath to reprefent, M'hether the
Kings Declaration for Sports hath been read and publiflied in the
Church by the Minifter ? whereupon many were queftioned if
they could not produce a Certificate that they had read the fame
in the Church ; the form of which Certificate was as fol-
low eth.
Thi'fe are to Certifii', That T. G. Mafier of Arts ^ and Curate of
Hitchin in HartfordQiire, within tht Archdeaconry of Huntington,
according to the. Injunction at the Vifitation there holden^ did diftincHy
and treat ahly read, upon the 29th 0/^ April, being Sunday at Morning-
Prayer^ after the reading of the frfi Lejfon appointed for the day, mo ft
of the Parifhioners being prefent , the Book Entituled , The Kings
Nlajefties Declaration to His SubjeSs concerning Lawful Sports to
be uled.
William LindaU D. D.
EdnK Rate life.
Befldes the Church-wardens Hands, &c. was put to the fame.
Mr. Lawrence Snelling, Minifter of the Church of Pauls Cray in
rthe County of Kjnt, was Articled againft in the High Commiffi-
on, for not reading the faid Book ; and being called before them in
Court, he Pleaded in his own defence the Law of God, and the
Law of the Realm, the Authorities of Councils, Fathers, and late
Writers of all forts. ,
That the Declaration it felf appeared not to be His Majefties,-
though Publifhed in His Name, it being not Enrolled in any Court,
nor PubliQied under His Great Seal, as all Proclaniations and Briefs'
to
^ Caroli.
pebni.iry.
Lord Chan-
cellor of irr-
liii cotnmic-
ted to Prifon.
Ffh. 9.
That theBook
for Simts be
read in Chur-
ches, and
Certifica'tes
thar the fame
is done.
4^0
Hifiorical Colleciwns.
An. i6 J7. j to be read in Churches are ; that there was no Command at all of
the Kings, it fliould be read by any in Churches much lels by Mi-
nifters ; no punifliment thre^tned, nor prefcribed tor not reading
it, no Authority given to Arch-bifhops, Bifhops, High-Commie
fioners, or any other Perfbns to queftion, f ulpend, or punifh any
Minifter for not reading it ; and bemg a meer Civil, not Ecclefiafti-
cal Declaration, not enjoyned by any Ecclefiaftical Canon or Au-
thority, but Temporal only, he pleaded that no Ecclefiaftical fudg-
es could take cognizance of it, much left in f'ift any Ecclefiaftical
Cenfure for it, efpecially in the High Commiflion, it being no
offence within the Statute of i EUz. Ch. i . or the Kings Commilfi-
on Ecclefiaftical, whereby the High-Commiffioners fit, and fb not
queftionable by them.
All which Particulars being put in his Anfvvcr, the High Com-
miflion-Court (the Lord Arch-bilhop of Canterbury being rhenpre-
fent ) ordered the Anfwer not to be accepted, till matters unfit
therein were expunged ; which being done, they afterwards pro-
ceeded to Cenfure, as followeth.
A Sentence in
the HigliCom-
miflion a-
gainft Mr.
Smiting, for
not reading
the Book of
Officium Domi-
vorum can"
Laurent' Snel-
ling citric'
Kedorem de
Paiilfcrai in
Com* Cant',
Dr. Ryves.
Die Liiriie, Iv';^. nono die Mcnjls Februarii Jnm "Domini i6-^j.
coram Com7niffionarii5 ^'^iis ad caufai Ecclefiajlkas, apud
Hofpitium Jdyocatvrumy &cc. 'judiciaV feden pnefentibw
Scephano Knight Deputato, (isr Johanne Greenhil Nota-
rio publico.
T'
He Caufe is to be informed in, and finally Sentenced out of
the faid Mr. SnelUnos Anfwer, and he is to appear this day
to hear and receive the final Order and Judgment of the Court ; at
which day and place the laid Laurence SnUling being publickly cal-
led for, appeared perfbnally, in whofe prefence the Articles in this
Caule exhibited againft him,with his Anfwers made thereunto, were
publickly read ; and then Mr Dr. Ryves, His Majefties Advocate ,pref^
fed and enforced the Proofs againft the faid Mr. vS'»e///>/£^,according as
they appeared out of his Anfwers ; and after that the faid Mr. Snel-
ling was heard what he could fay in his own defence;and after a ma-
ture and deliberate hearing of this Caufe, it appeared to the Court,
That the faid Mr. Snelling was here charged, for that he being a
Minifter in Holy Orders of Priefthood, conftituted by the Authority
of the Church for thefe twenty years laft paft and upwards, Reftor
of Pauls Cray aforefaid, for all that time and upwards, was M'ithin
thefe four or five years laft paft made acquainted, that a certain
Book Entituled, The Kjngs Majejlies Declaration for Lawful Recre-
ations after Evening-Prayer on Sundays and Holidays., w^s come
forth, and commanded by His Majefty to be read by all Minifters in
their refjxftive Parifh-Churches, and prefented to Mr. Dr. Wood,
Chancellor of Rocbefler, his Ordinary, on the 2cth of November
i6 ? 5. for refufing to read and publifh the fame in his Parifh-Church
of Pauls-Cray.
That upon the faid Prefentment he was by his faid Ordinary per-
fbnally monifhed to read the fame within three weeks following ;
that
Hiftorical CoHe&ions.
461
that on the ii//;of Dece;«^er 1634. aforelaid, he the Tzid Laurence \ 15 Caroh-
Snelling being again Convented before his laid Ordinary, wzsfrmo^
fecmdo^ cr tcrt/o, perlbnally and judicially moniflied in Court to
read and publifhthe faid Book in manner aforelaid, which he refu-
fing, was fiifpended a/; Officio cr Bentfi'cw, and hath fb continued
until this prefent, and doth fo ftill continue unreleafed ; that on
1 the third of Jpril 16^5. the (aid Laurence SnelUng being pre(ent in
Court before his Ordinary, was 10,20, and 30 Judicially admo-
niflied to read and publifli tlie faid Book for Lawful Recreations as
aforelaid, but did again utterly refufe to publifh or read the fame,
and \vas thereupon then excommunicated by his faid Ordinary, and
hath fb continued ever fince, and doth fo continue ftill excommu-
nicated ; that within the time articulate the faid Mr. Smiling hath
divers times omitted to read theLetair-, and fome other parts of
Divine Service, and to wear the Surplice : and further, that he
hath not bowed his Body, nor made any corporal obeyfance at
the reading , or hearing read the BlefTed Name of our Saviour
All which the PremifTes appearing to be true In fiibflance and In
efleft, out of the faid Mr. Snellings Anfwers, the Court proceed-
ed to the giving of their Sentence In this Caufe, and for the pre-
fent did order, That unlefs the faid Mr. Snelling fhall conform him-
felf to the aforelaid requifitions of his Ordinary, and read and
publifh the faid Book for Lawful Recreations^ 8fc. and do all due
obeyfance and reverence , at the BlefTed Name of our Saviour
Je//^.f, betwixt this and the fecond Court-day of the next Term,
he fhould be ex nunc^ front ex tunc, deprived of his Re£lory of
Pauls-Cray aforefald, but pay no Cofls of Suit in cafe he be depri-
ved ; and to this end and purpofe he the faid Mr. Snelling being
prefent in Court, was Judicially admonilhed to read and publifh
the faid Book, and to make Corporal Reverence at the Name of
our Saviour '^efiis, fub ^p^na juris , & depriuationis ; and to the end
that he may fafely repair to his Church to praftlfe, and certlfie
of his Conformity in the PremifTes, ( in cafe he fhall be willing to
conform accordingly ) It was by the Court referred to the afore-
fald Ordinary Mr. Dr. Wood to abfolve the faid Mr. Snelling from
the Sentence of Excommunication, under which he now flands.
In cafe he fliall come and defire it of his faid Ordinary, and take
Ills Oath de parendo in juri, & stando mandatis Ecclefu, &rc. accor-
ding to the form In this cafe provided. But Mr. Snelling refufing
to read the Book of Sports, &c. was deprived of his Living , and
continuad an Excommunicate Perfon, crc
Tl^e ^iJJjop of Norwich hk Certificate concerning the Book of
Sports, <src^
TO thei2th Article, that upon Enquiry at my Vlfitatlon, whe-
ther the Kings Majeftles Declaration for Lawful Sports had
been Publlfhed ? I found it had not been done in very many Places
of the Diocefs ; having therefore about 60 Books at hand, I cau-
fed them to be propofed to fuch Perfons as I had raofl doubt of, but
many
4^2
Hiftorical ColleBiom.
M.\6]-i.
Toudiing
G regories
Church.
Fib. lu
St.
Touching St.
Gre^riries
Church.
Feb. 28-
i Order to pull
down the
Church of St.
C regories.
many of them refufed to Publifli the lame, and were fulpended for
their refufal : yet divers of them prefently promifed Conformity,
and ib Mere abiblved ; ib that now in the whole Diocefs f confift-
ing of about 1 500 Clergy-men ) there are not pafling twice fifteen
Excommunicated or Sulpended ; whereof Ibme lb ftand for Con-
tumacy, in not appearing at the Vifitation and Synod, and ftill re-
fiife to fubmit, and others for obftinate denying to PubUfhthe Kings
Declaration^
Jt White-Hall the nth of February 1637.
Prefent,
Lord Arch-bilhop of QmUrhuryy
Lord Kffpr-)
Lord Trviifurer^
Lord Prh>y-Sealy
Lord Marqueis of H^tm'tltony
Lord Great Chamberlain,
Earl Marfljal,
Lord QlMmbtrUin^
Excellent Majejtj^
Earl of Holland^
Lord Cottington^
Lord Newbtirghj
Mr. Treafiirer.,
Mr. Comptroller,
Mr. ChitmberUin^
Mr. Secretary Cooky
Mr. Secretary VVtndebmke,
WDcreaiS tfjc 'Bcattr tujtjs itotu afqiiamtctf, tijat ttotluitljffanti^
\m IM ^aieftic0 peafiire fignificti bp Wyihm Crcafurcr,
anti tlje Ijy^ Cottington, to tl)e l^arffljiOncr^ of %X. Gregories,
Cf)at tljc Cf)urcl) fljoiUD be tafeni wm. aim rcmotieli, bcinu a gteat
inipctiiment to tf}c moift itotu in !)nttti, fo? tlje pcrfecttno; aim ftiffp
itpairino; of tfie Catfjeti?ai €f)urc!) of €)t Paul, tijc fain IgJaciOjio--
ner0 fjat not ajs j)ct cone tljc fame, no? taltcn anp o?5er fo? t()c aoinu
tljcrcof* 3t toa^ tftereupon rcfoimn aim o?ticreD, acco^timo: to IM
^a?cffic0 erp?cf£i 0.I1II aim picaftive, a0 alfo noU) again nrclatco,
C^at x\)t fam ^{juccfj f^all lie taken totun aim reuioueo bp t!)e laft of
March itert*
9nD tlje fam parifljfonerjs are ^erebpffraitlp tetiuireU ann emopit-
eo to caufe tije fame to be Done aim perfojnieti acco?tiino;5p, a0
tijep Uiill anfuier tbe contrary at tljcit pcri!0 ; |)i0 £|5a^effp ecpect-
ing a tiiitiful aim effectual account tljereof ftcm tijem bp t^e time
before limtteli*
This Order not being obeyed, produced another Order, fol-
lowing.
The laft of February i6^j. this Bufinefs came again before the
Lords of the Council, which produced this further Order.
TM$ tiap tbjo of tljc Petty Canons Of tbc CatljeUial Cljutclj
of @»t Paul, aim tU €f)urc!) C£lartien0 of tlje pmfi) of
^t* Gregories, m, bp comuiaim ftom tbtit loiofl)ip0, atteim tfjc
115oarti, aim tocre Ijcart concrrnine; tlje petitiott fozmerip p?efent=
eu in tOc Banie of tbe fam parifljioner^, loberein, upon pretence
of Hifabilitp to mmersoti&e Charge tljereof, t&cp tuere Ijumble %nu
/
Hifiorical Colle&ion^.
46^
to^jg, tfjat tljcj) nuQ:i)t be fcceti from tnkinn; nouit aim renio'uiun: of
t^t l^anflj^Ctjurc!) , tofjf'cf) bp faimci- CiQcr'; of tOc 050iiru tljep
tDciT in IptS (T^ajcffif 0 Br<mc, a:iti ncca^tJiuQ; to ipi'0 erpicfjs Com=
maiiti, rrattircD aitu Oirrctcti to 5o, bp tijc laG of Marcli iiect*
Cbeic iLo>mij!psi fnitiing 110 cniife to Harp itt anp paiticulat ftom
tfjeir faitJ fomiet Q^neris, tsiti noto aiyain rati'fie anti confirm tfje
fame, anli nin rcauirc, tljat a^ tucU tlje Cijtircf>(Kaari3cn0 nou) p2o
frnt, a0 fuel) otljctis of ti)e cfjicf parifljiosicrg, ( tmto toOom tu
JLojn Crcafurcr, ano tljc lo?li Cottingcon ijao alreaou fin;ntfico Jpi0
Q9aielhc.0 picafitre on tljat faefjalf ) ajouin, l>w tfje time Iimitcn a^
afo^cfiiio, caufe tijc faio €\mt\) to be taken notun anti remoDeD*
^m concernino; tbc Qifficultp t"^ tfjcm niaoe, of fintJiuff out ann
p?ocurinij a fit place foi t!jc erecting of a ncto C^urcfj uiitfjin tfjc
faio Parifl), anH tfjeir Sifabilitpfo? tbe p?efent to iintiergo tfje cfjarge
of biiiininij tbe flmtc ; tlje fonucu (asJ tljcir lojtifijipg DiD nam tueJI re-
member) iDa0 alreaup recommeuBeU to tf)elo|ti Cteafiirer, ano tfie
lLo?liCottington,unto luljofe Uirciiion^tiiereintijcir lo?tifl)ipi5 bo nolo
again refer t&enu ^nb fo? tlje Iatter,tn cafe tijeir biCibiiitp fo? tfje p?e--
fent be fucb, m tbat tbep are unable to erect a ntln Cburclj ; tljeir
ILo|tifl)ip0 leabe it to tfjeir election, tnljetljer tljej? UJill bitilb tJje finne,
o?be affiiyneb to mv one 0? moje parifljeg i\\ fucb manner ajs tlje
lo?b 15ifljop of London, Lo?b Cteafiirer, fl)aH tljink fit an)3 birect,
anb fo remain anb continue until a netu Cljurclj fl)all be bp tbem
erecteb. lanb bo reconntienb it to Iji0 lo?bfl)ip, Hy take effectual
o?ber upon fuclj dection bp tljem niabe ass afojefaib, fo? tljeir ac=
tommobation tberein acco^bingl)?*
INformation was preferred in Star-Chamber by the Kings Attor-
ney-General, againft "^ohn Lilhtirne and "John Warton, for the
unlawful Printing and Publifhing of Libellous and Seditious Books,
Entituled News from Ipfwichy 8fc. they were brought up to the
Office, and there refufed to take an Oath to anfwer Interrogatories,
faying it was the Oath ex Officio, and that no free-born Englifl}
man ought to take it, not being bound by the Law to accufe him-
felf, ( whence ever after he was called Free-born '^ohn ) his offence
M'as aggravated, in that he printed thefe Libellous and Seditious
Books, contrary to a Decree in Star-Chamber ^ prohibiting printing
without Licenfe : which Decree was made this Year in the Month
of Juljy and was to this eifeft.
THat none fhall prefume to Print any Book or Pamphlet
whatfoever, unlefs the fame be firit Licenfed v\'ith all the
Titles, Epiftles, and Prefaces therewith imprinted, by the Lord
Arch-bilhop of Cmterbury, or the Bifhop of London for the time
being, or by their appointment ; and within the Limits of either
Univerfity, by the Chancellor or Vice-Chancellor thereof, upon
pain that every Printer fb offending fliall for ever thereafter be diC
abled to exercife the Art of Printing, and Ifiall fliffer fuch further
punifhment, as by this Court, or the High-Commiffion, fliall be
thought fitting; that before any Books Imported from Forreign
Parts fhall be expofed to fale, a true Catalogue thereof fhall be
prefented to the Arch-bifhop of Canterbury ^ or the Bifhop of Lon-
don : And that no Officers of the Cuftom fliall deliver any For-
Oo o '■ reign
1 ^ Cnrol't.
Feb. I?.
Star-Chaaber.
July \ 6^1.
A Decree of
St.tr-chiimber
againft Print-
ing without
Licenfe.
Hifiorical Collet ions.
John Li'lburne
and Wdi ton
brought to
the Bar.
' reign Books out of their Hands and Cuftody, before thofe Bidiops
' fliail have appointed one of their Chaplains, or fbme other Learn-
*edMan, with the Mailer and Wardens of the Company of ^Y.?/-
' o»ers, or one of them,to be prefent at the opening of the Pack and
' Fardels-, and to view the l^ime. ■ And thofe that difobey this In-
' junftion , are to be Cenfured in this or the High-CommiOTion
' Court, as the feveral Caufes (hall require. And if in this Search
' tliere happen to be found any Ichifinatical or off enfive Books, they
' flrall be brought to the aforelaid Bifhops, or the High-Commifli-
' on Office, that the Offenders may be punifhed. That no Perfbn
* whatfbever fhall Imprint in the Parts beyond the Sea, or Import
' from thence, any Engliflj Books, or whereof the greater part is
' Englif}}, whether formerly Printed or not. And that no Books
^ whatfbever fliall be re-printed, though formerly Licenfed, with-
' out a new Licenfe firlt obtained, upon pain of like Cenfure and
' Punifhment. And that if any Perfbn whatfbever that is not an
' allowed Printer fliali prefume to fet up a Prefs for Printing, or
* work at any fuch Prefs, or Set and Compofe Letters for the ^me,
* he fhall be fet in the Pillory^ and whipt through the City of
' LonAon.
The xT^th of February the faid Lilburne and Warton were
brought to the Bar at the Court of Star-Chawber, and the Court
proceeded to Sentence, which you have here in the very words, as
they were entred in the Regiflers Book, written out by Mr. Arthur
himfelf, the Deputy Regifter, who was an able and friendly Man
in his Place.
But before they proceeded to Sentence this enfiiiag Order was
read.
In Camera SteUat' coram Condlio ibidem 9. die Febr. Jmio 13
Car' (^^is.
Pon Information this day to this Honourable Court, by Sir
John Banks Knight, His Majefties Attorney-General, That
' John Lilburnt and John JVarton, who are now at the Bar of this
'' Court, were the 2^th of January laft: ordered to be examined up-
* on Interrogatories touching their unlawful printing, publiihingj,
* and difperfing of Libellous and Seditious Books, contrary to the
* Decree of this Court, which was verified by Affidavit ; and being
' brought up to the Office to appear and be examined accordingly,
'the Y^id Lilburne refufed to appear, and both of them denied to
'take an Oath to make anfwer to Interrogatories, as appears by
' Certificate of Mr. Goad : It -was humbly pray'd that their Ap-
' pearance may be Recorded, they being now prefent in Court, and
' that they may now have their Oaths tendred unto them ; which
' if they fhall refufe to take, that then this Court will proceed to a
' Cenfure againft them for their high Contempt thei-ein, as hath
' been ufed in like Cafes, which the Court held fit. And hath
' therefore ordered, That their Appearance fhall be Recorded, as is
' defired. And for that the faid Delinquents do now again moft
' contemptuoufly refufe to take their Oaths now tendred to them in
' open
Hiflorical ColleBiom,
405
open Court. Their Lordfliips have further ordered, Tliat the
faid Lilbarnt and Wurton fiiall be remanded to the Prifbn of the
fktt^ there to remain clofc Prifoners until they conform them-
felves in obedience to take tlieir Oaths , and be examined \
and that unlets they do take their Oaths, and yield to be exami-
ned by A/oW^y-night next, their Lordfliips will, on the laft fitting
' of this Term, proceed to Cenfure againft them for their contempts
' thensin, as is defired.
Hereupon the Court proceeded to Sentence.
In Camera Stellata corayn Conc'illo Ihidem i T, die Febr' Aitno de-
cimo tert'w Car' ^gis.
»?
Car oil.
w
Hereas, upon Information to this Court the ninth of this
inftant Ftbrnary^ by Sir John Banks Knight, His Maje-
fties Attorney-General , That John LUb/irne and John Wxrton
(then prefent at the Batyi were the 2 4^/? of Janua}y laft ordered to be
examined upon hiterrogatories touching their unlawful printing,
importing, publifliing, and difperfing of Libellous and Seditious
Books, contrary to the Decree of this Court, which was verified
by JJjidavit ; and being brought up to the Office to appear and be
examined, the (aid Lilburne refufed to appear, and both of theni
denied to take an Oath to make Ibme anfwer to Interrogatories,
as appeared by the Certificate of Mr. Go/id^ DeputyCIark of this
Court : The Court did on that day order, That their Appearan-
ces fhould be Recorded, they being prefent in Court as aforefaid ;
And that in refpe£t the laid Delinquents did then again con-
temptuoufly refule to take their Oaths tendred to them in open
Court, they fliould be remanded to the Prifbn of the Fleet, there
to remain clofe Prifbners, until they conformed themfelves in obe-
dience to take their Oaths and be examined ; and that unlefs they
did take their Oaths, and yield to be examined bv Mond.ty-m^^t
then next following, and now laft paft, their Lordfliips would on
this fitting-day proceed to a Cenfure againft them for their con-
tempts therein. Now this day the faid Lilhiime and JVarton being
again brought to the Bar, His Majefties laid Attorney informed
this Honourable Court, that they ftill continued in their former
obrtinacy, and contemptuoufly refufed to take their Oaths, to
make true anfwer to the Interrogatories, although they had been
fent for, and their Oaths alTented to be given unto them by Mr.
Goad, Deputy-Clark of this Court, who now certified the fame in"
Court : And therefore His Majefties faid Attorney humbly pleaded
on His Majefties behalf. That their Lordlhips would now proceed
to Cenfure againft the faid Delinquents, for their great contempts
and difobedience therein. Whereupon their Lordfliips endeavou-
red, by fair perfwafions, to draw them to conformity and obedi-
ence, and withal offered, that if they yet would fibmit and take
their Oaths, their Lordlhips would accept thereof, and not pro-
ceed to Cenfure againft them. But fuch was the infufferable dif-
obedience and contempt of the faid Delinquents, that they ftill
pej-fifted in their former obftinacy, and wilfully refufed to rake
O o o 2 ' their
Tiie Decree
and Sentence
in Star-Cham-
her againft Jo.
Lilb^rtie, as it
is on Record.
466
Hifiorical CollcBions.
A».
i6]i.
*Tlie Pillory
was placed
between mli-
minjler-Hdll-
Gate and rhe
SCM-Cbimbcr.
April 2. 16^8.
John Liirnrne
uttered fcan-
dalous Spee-
ches ifi the
Filiory.
' their Oaths, hi refpe£t whereof the whole Court did, with an
' unanimous conient, declare and adjudge the (aid Lilhiimi: and
' Warton guilty of a very high contempt and offence of dangerous
' conftquence and evil example, and worthy to undergo very Iharp,
' levere, and exemplary Cenfure, which might deter others from
' the like prefumntuous boldneis in refufing to take a legal Oath ;
' without which many great and exorbitant offences, to the preju-
' dice and danger of His Majcfty, His Kingdoms, and Loving Sub-
* jefts, miglir go away undilcovered, and unpunifhed. And there-
' fore their Lordlhips have now ordered, adjudged and decreed,
* That the fa id Lilbnrns and War ton fliall be remanded to the tleet,
'there to remain until they conform themfelves in obedience to
' the Orders of this Court, and that they ihall pay Five Hundred
' Pounds a-piece for their feveral Fines to His Majefties ufe ; and
*■ before their enlargements out of the Fleet, become bound with
' good Sureties for their good behaviour. And to the end that
* others may be the more deterred from daring to offend in the like
* kind hereafter, the Court hath further ordered and decreed. That
* the (aid '^ohn Ltlhurm Hiall be whipt through the Streets, from the
' Prilbn of the fleet unto the Pillory, to be ere^iedat fuch time, and
' in fuch * place as this Court fliall hold fit and dire6l ; and that both
' he and the laid Warton fliall be both of them fet in the laid Pillory^
' and from thence be returned to the hketj there to remain accor-
* dine to this Decree.
And the following Year in Ea(ler-Term, falling on the iS//;of
Aprilv^^-S this Sentence executed with the utmoft. rigour on Lilbumey
who was finartly whipt from the fleet to Wefln-nnlter.
Whillf he was whipt at the Cart, and {food in the Pillcry^ he
uttered many bold Speeches againft the Tyranny of Bifhops, a-c.
and when his Head was in the hole of the Pillory , he Icattercd
fundry Copies of Pamphlets, ( faid to be feditious) and tofled
them among the People, taking them out of his Pocket; where-
upon the Court of Star-ChrMher (then fitting being informed ) im-
mediately ordered Lilbume to be gagged during the refidue of the
time he was to (land in the Pillory^ which was done accordingly ;
and when he could not (peak, he Ifamped with his Feet, thereby
intimating to the Beholders, he would {fill fj:)eak were his Mouth at
liberty ; and the Court of Stxr-Chamber that day made alio this fol-
lowincr Order.
T'Hereas '^ohn Lilbinne^ Prilbner in the Fleet ^ by Sentence In
' StarXhxmber^ did this day iiiffer condign Puniihment for
' his feveral offences, by whipping at a Cart, and {landing in the
' Pillory^ and ( as their Lordlhips were this day informed ) during
* the time that his Body was under the (aid Execution, audaciouOy
* and wtckedly, not only uttered fundry ftandalous and feditious
* Speeches, but like wife fcattered fundry Copies of Seditious Books
' amongft the People that belield the fiid Execution, for which
*■ very thing, amongft other offences of like nature, he had been
' Cenfured in the laid Court by the aforefaid Sentence. It was
' thereupon ordered by their Lordfliips , That the faid Lilbume
' fliould be laid alone with Irons on his Hands and Legs in the
' Wards
Hiflorical CoUeBwns,
467
Wards of the F/-ct, where the bafeft and mcanel]: fort of Prilb- i ^ C/iroI/j j
ners are ufed to be put, and that the Warden of the FLct take ^ ^
fpecial care to hinder the relbrt of any Perfbn Mhatfoever unto
liim, and particularly that he be not fuppliedM ith any Hand, ajid
tliat he take fpecial notice of all Letters, Writings, and Rooks
brought unto him, and leize and deliver the lame unto their Lord-
fliips ; And take notice from time to time who they be that re-
fbrt to the faid Priibn to vifit the laid L/7^//>-«.-, or to Ipeak with
him, and inform the Board. And it was laftly ordered , Thar
hereafter all Perfbns that ihall be produced to receive Corporal
Punifliment according to Sentence of that Court, or by order oi:
the Board, fliall have their Garments fearched before they be
brought forth, and neither Writing nor other thing fuffered to be
about them, and their Hands likcwife to be bound during the time
they are under ]\mifliment, whereof ( together with the other
Premiffes) the laid Warden of the Fket is hereby required to take
notice, and to have fpecial care, that, this their Lordlhips Order
' be accordingly obierved.
And on the laid i Sth of Jpril it was further ordered by the Eiid
Court of Star-C/jamkr.
^ '""T^Hat His Majellies Attorney and Sollicitor-General fliould be
' I hereby prayed and required, to take ftricl examination of
^ 'John /JlbumcVrWontr in the Flttt, touching the demeanour and
' Speeches of him the laid Ltlbvrm during the time of liis whipping
' and ftanding in the Pillory this day, according to ientence of His
' Majefties Court of Star-Chamber, particularly, whether the faid
* Lilhiinie did at that time utter any Speeches tending to Sedition, or
' to the diflionour of the (aid Court of Star-chamber, or any Member
* of the faid Court ? and whether he did throw alx)ut and dilperfe
* at the fame time any Seditious Pamphlets and Books, either of
' that fort for- which he was formerly Cenfiired, or any other of
Mike nature"? What the Speeches were, and who heard them?
' what the fiiid Books were and whence and of whom the faid
' Lilbnrm had them ? and what other material Circumftances they
* fliall think fit to examine, either the faid L/7/w;-//eupon, or any
' other Perfbn by whom they fliall think good to inform them-
' felves for the better Hnding out the truth : And thereupon to
* make Certificate to the Board what they find, together with their
' opinions.
Lilbnrne having for fbme time endured clofe Imprifbnment, ly-
ing with double Irons on his Feet and Hands ~in the hiner-Wards of
the Prifbn, there happened a Fire in the Priibn of the FA-r/^, near
to the place where he was a Prifbner, which gave a jealoufie that
Liibfirne, in his fury and anguifli of pain, was defperate, and had
fet the Fltet-Prifon onfixc^ not regarding himfelf to be burnt with
it; whereupon the Inhabitants without the Flett , (the Street
then being not five or {'ly,. yards over from the Prifbn-door ) and the
Prilbners within all cryed, Rtkafc Lilburne, or wc fjja/l all be bur7n j
and thereupon they run head-long, and made the /f.rr(^;v2 remove
him out of his Hold, and the Fire was quenched, and he remained
a P' i-
Jnhn Lil'u'ir'ie
to be cxjnii-
ned touching
his Speeches
in the Pilhrii
and riifperfing
Libellous
Books.
468
Hiflorical Collections,
* Called
Bourne.
the
a Prilbncr in a place where he had feme more Air. He continued
in Prilbn till Novemkr the third 1640. when the /fr// /of7g Parlia-
ment begun, and then he was releafed.
We beg of the Reader further pardon for a little digreflion. This
very Jofm Lilhurne, alter he had ferved the Parliament in the War
many years, was imprifbned by them for Ipeaking and publilhing:
things againftthem, as Vfurpa-Syand Em-mics toMzgnz Charta, drc
which offended thofe times ; whereupon he was baniihed the
Kingdom on pain of death if he did return : but return he did, m
defiance of thofe then in Power, and was thereupon' fent to A'e n--
gate., and- Arraigned at the Sedions-Houfe in the 0/d-Ba)h for his
Life, and was there publickly acquitted by a Jury of Life and
Death, notwithftanding the Law made to banifli him ; which for
Joy occafioned a great Acclamation of the People then prefent. He
writ many Books againlf thofe then in Power and Authority, and
fbme paiticular Members thereof ; inlbmuch as it was faid by He^rj
Martin in favour of him. That if there were none living but him-
felf, John would be agatnft Lilburne , and Lilburne again (h John.
At lail: he dyed 2l Quaker, and was buried in the Church-yard near \
Bedlam^ 4000 Citizens and others accompanying his Corps to the
Grave.
Pardon digreflion a little more to what fblloweth.
When the Impeachment of the Houle of Commons on "^ohn Lit-
btirnes behalf went up to the Houfe of Peers againft thofe his Judges
in Star-chamber, it was thus urged by thofe that managed the fame.
THat Im^rijonment is a Man buried alive, is made Corpus immo-
bile LegiSy the immoveable Subjeft of the Law. There is
an end when Life is taken away, but in this no end. Nondumtibi
cedit in gratiam^ to put a Man out of his pain was accounted a Fa-
vour by the Romans.
Clole Imprifonment was never ufed to the Primitive Chriftians
by any Tyrant; for then that heavy Charge in Scripture, I w at in
Prifon, and yevifitcdme not, might be anfwered ; but a Clofe Im-
prifonment may preflime a Famifhment, and fb Death. The Ro-
mans had four Punifliments, Lapdatio^ Combuftio, Decollatio, and
Strangulatio., but never famifhing to death. This Man ijiight have
been fb, as it was fw'orn.
Three years Imprifonment till the Parliament releafed him, and
might otherwife have been for ever.
Whipping was painful and fhameful, TligelUtion for Slaves. In
the Eleventli of Elizabeth , one Cartwright brought a Slave from
Rnf/ia., and would fcourge him, for which he was queftioned ; and
it was relblved, That E?igland wsis too pure an Air for Slaves to
breath in. And indeed it was often refolved, even in Star-Cham-
ber, That no Gentleman was to be whipt for any offence whatfbe-
ver ; and his whipping was too fevere. The Manager further faith,
That John Lilburne was a Free Citizen of LoWo;2,difcendedfrom
an ancient Family in the North,^ Town in Northumberland .,^)}\ bear-
ing the Name ot Lilburne, or rather Le-Ifk-borne., by reafbn of the
Water * that runs about it. The Arms belonging to the Family are
three Water-budgets, an ancient bearing of Arms.
Now
Hiflorical ColleEiiom.
469
Now as to his whipping, obferve the diftance, from the Fleet to
Wefiminfitr is about a Mile, that he had <oo Blows ( one fwears a
great many more ) with a terrible Corded- whip with knots up-
on it.
Among the Romans no Malefactor had above 40 Stripes , and
with three Thongs; and St. PW received but 59 Stripes, which
was but I ^ Blows. And it is worth the obfervation, that not long
fince, 'ax. Orleans in Frame, a Pr/e/? was lentenced to be whipt for
Fornication with a poor Maid, telling her, that St. FrmcU would
come and lye with her fuch a night, at which time he feigned hira-
felf to be St. Frmcisy and was taken in Bed with her. 1 he Kings
Advocates preffed the Judges, that he might receive 14 Blows
with a three Corded-whip ; but the Judges would not Sentence
him to more than 1 5 Blows, becaufe Jmpliandt pint favores ; but
if our Arithmetick be right, ( not to (port with his pain^l Lilbnrne
had by this Numeration, three times Five Hundred Stripes in 500
Blows. The Manager further urged,
That this Punifhment of the Fillory was firft invented for Moun-
tebanks and Cheats, that having gotten upon Banks and Fourms to
abufe the People, were exalted in the fame kind to be let upon the
Pillory, ^n open fliame to the Multitude.
Now Gagging is barbarous, and beaftly;for Man differs from Beafts
both Ratione and Oratione.
So that to fum up his Sufferings, by Impriibnment he was made
a dead Trunk ; by whipping, a Rogue ; by Pillory, a Cheat ; and
by Gagging, a Beaft. They had better have hanged him out-
right, &c.
Here followeth an Order of the Houfe of Peers made upon Johfi
Lilburne''s Appeal to them Jnno 1640. againft his Cenliire in Star-
Chamber, and his Impriibnment , &c. which the Reader is defi-
red to take in good part, although it be a digreflion in point of
time.
W'^ttu^ tIjeCaiife of John Lilbume <^eiit* cattie tW tli1J> to
a ipcatiitff at tlje Xar, ijp \M Coimcel, ftcino; tcanfmitten
from tlje i^oufe of Commnn^, concccning a ©cnteitcc pjouounccD
affainft \ym in tpe Star-Chamber, Feb. 17. Anno 1 3 Car. Regis, atttl
after an Cpamutatioit of tl)c tuljole piocecufngiei, aitu a Due coirfi-
teratiait of tfjc faiD Sentence, it 10 tijigi cap antuiiffcU, o^neteu, aiiD
Uctcrminen fap tlje 10310 iii lp)arliament aifembleti, Cljat tlje fain
€)entence, ants an pjoceeting^ tljereiipon, fljall fojtljtoitlj be fo? eiiet:
totallp uantateo, o&litctatet, aim tafeeit off tlje jfile m all Coutt0
tDljcre tl)ei> ate j^et remaim'nn;, a0 illegal, ann moll tmntll, affaiulf
tlje lifaettp of tie Subject, aitn tlje lato of jLaiiO, aim Magna
Charta, antJ uttfit to continue upon Eeco?ti ; anH tljat tlje faio
Lilbume fljall be fo? e^ec abfolutelp ftecn, aim totalI}> Difcljaro;eti
from tlje fain Sentence, aim all ^?oceetiin0;0 tbereupon a0 fullp
aim ampip, a0 tljouglj ne^t anp fuclj tljuig ijao been* aim tljat all
Cltteat0 tm P?ocef0 in tt)e Court of Exchequer fo? leijpinff of
anp iFiJie ( if anp fuel) be ) fljall be toljollp canccHen aim maueuoin,
anp ti)inff to tbc contrarp in anv toife nottoitljftantiinff ♦
"[fohfi Brown Cler. Parliament.
' Whereas-
TJ Caroli-
John Lilbume,
470
Hifior'ical CollecUons,
An. 16 IJ.
Mr. Powels
Sermon refer-
red to be exa-
mined, and to
be certified.
Mitch 4.
Pafiagcs in a
Sermon, that
Taxes ought
to be paid, be
they never fo
unjuftand
cruel.
'r.
March 11.
.Archibald the
Kings Fool.
WHereas Richard Porel Clark hath attended this Board in
the Cuftodyof a Meffenger, at which time the Letter
lent by you Sir Richard Samuel was read at the Board, as alio the
Teftimonies returned inthisCaufe; and upon liearing him, we
do find, that perceiving fome People in the Parifh unfatisfied, by
reafbn of the' dtflnfs made for the Ship-money, he took occafion,
upon the Text mentioned in the Teftiment, I'iz. Give to C^efar the
things that ^eCaefars,and unto God the things which are Gods,to tell
them that Subjefts ought to pay the Taxes laid on them h^ their
Kings, although thty were cruel and imjnfi, inftancing in ^S"-;?/// ; and
that ftich Kings were fbmetimes Q[iven to a Nation by God in his
wrath., for the Peoples fins ; and that if we had fuch a King, we
ought notwithrtanding to fuhmit unto him; or words to that effe£l :
but bleffed be God he hath given us a GracioMl\Jn^.,^\ich. as no Age
can parallel, whom God long continue over us ; jjyall not we then be
obedient unto him'? which words are wholly omitted in all the Te-
ftimonies, and do clearly interpret the former Paffages, and do
juftifie him in what he delivered to the People. And the MelTen-
ger, who went for the faid Porve/, doth tefl:ifie, that fundry of the
Parifhioners did bear witnefs of the adding of thefe laft words,
which if it prove true, argues very little fincerity in the accufa-
tion, and in the Teftimonies. Upon confideration therefore of
the Premiffes, we have thought fit to intreat you Sir Richard Sa-
muel., and you Mr. Doftor Clark , and Mr. Doftor Sibthorpe, or
any two 01 you, to examine the truth hereof, as well by exami-
nation of fiich WitnelTes as you fliall think fit, as by the Notes of
his Sermon ; for which purpofe we fend you back the faid Notes
fealed up, together with all the other Papers prefented unto us.
And do pray and require you to certifie to us,how you find the truth
of the Cafe to ftand, together with your Opinions of the fame, to
the end, that if he have been thus vexed and put to charge with-
out juft caufe, wc may think how to give him a due reparation
of the fame, and from whom the fame fhall come. And fb we
bid, d^c.
AT this time News came from Scotland, That the Kings Procla-
mation, Dated the i<)th of February., publifhed at Stri-veling
the beginning oi March, wherein His Majefty declares,. That he
ordained the Book of Common-Prayer to be compiled for edification
of the Kings Subjefts in Scotland., and to maintain the true Reli-
gion already profefied there.
And it fb happened, that on the wth of the faid March, that
Archibald^ the Kings Fool, faid to his Grace the Arch-bifliop of
Canterbury., as he was going to the Council-Table, Wheals feule
now ? doth not your Grace hear the News from Stnveling about the
Litur<yy ? with other words of reflexion ; this was prefently
eompTained of to the Council , which produced this enfuing
Order.
At
Hijlorical CoUeEiion
s.
47-
At White-Hall the nth 0/ March 1637.
Prefent:,
The K,mp[s Moft
Lord Arch-bifliop of Canttrburj,
Lord I\j:eperj
Lord TreafitreTy
Lord Privy-Seal,
Lord Duke of Lenox,
Lord Marquels of Hamilton,
Earl Mtrffjal,
Lord Ch-imherUin,
Earl of NorthnmbcrUnd,
Excellent Majefty;
Earl of Dorfet,
Earl of Sdisbtirjy
Earl of Holland,
Lord Newburgh,
Mir. Treafitrer,
Mr. Comptroller,
Mr. ViQQ-ChamberUin,
Mr. Secretary Ccio/-,
Mr. Secretary Windebanke.
TC i^ tl)i0 nap o?Dei*et! bp J)i'0 ^ajcftp, tuttlj tfjC ^D^ice of tljc
'Boavtl, Cij'at Archibald Armeftrong, tljC J^lltiJlS jfOJl, fO? tVC-
tni'jt fcantialot!0 toojtiss of a \m\) iiatitrc, fpofert tip ijtni aijaintt tfjc
!Lci?tl afC!j='BiajO|J of Canterbury I)10 (J5?a£e, aitu p?otieU to bc llt-
tcreu bp Ijim bp tiiuo CSlititciTciBi, fljall f)auc IjisJ Coat puUcn oucc fjis
Ijcan, anti &e Difcfjargcn of tlje l^ing^ ©crtiicr, ann banlfljcn tfjc
Court ; fo? toljlcij tfje JLojD C!jaml3crJaiit of tfjc Mwz^ E)oiin)OIO
10 p?apcti anti requtten to ffi'iie o^titc to lie c;ceciiteti* i^nti immc
niatelp tlje fame tua^ put in execution. '
Hereas 'John CUypoole Gent, was fent for by Warrant for his
mifdemeanours to His Majefties Service in the Colleflion of
the Ship-Money : It was this day thought fit and ordered, That Mr.
^Attorney-General fliall examine him, and thereupon proceed againft
him in Star-Chamber, as he fhall think beft and fitteft for His Maje-
fties Service ; for which purpole the Informations againft the
laid CLtypoole are to be fent herewith to His Majefties ftid At
torney.
J Difcourfe concerning the High Court of >Scar-Chamber.
TTPon occafion of the Exemplary Punidiment of Mr. Vrynn^
.^\ about his Hiflrio-Maftix Anno 16^5. and ofhislofing his
Ears the fecond time Anno i6^j. it will not be unfeafonable to de-
liver fomething of the Nature and Prerogative of that Court
which inflided it, w-c,. the High Court of ^V-zr-C/Aw^^er, being an
Abftra£l of a Treatife written by a Perfbn well acquainted with the
Proceedings of the fame, -
Jhere is little mention made of this Court, either in Reports,
Or Treatifes of the Law, except now and then dilperfedly in fbme
one or two Caufes, in an Age where it is mentioned rather, as it
feemeth, to manifeft to Pofterity that there was fuch a Court,
than to enlighten the World with the lawful Power, Authority,'
and Jurifdifltion thereof
^___ ■__ Pp p Only
I '^ Caroli.
Archibald the
Kings Fool '
banifhed the
Kings Court.
Mr. clii)i>ooU
to be procee-
ded againft in
tlie Star-
Cbumixr,
Hiftorical Colle&ions.
TheReafonof
the name of
the Court.
Only Sir Thomas Smith, in his Common-wealth hath glanced
upon it, and Mr. Lambert^ the ancient Antiquary, treateth of the
Power and Jurifdiftion of it ; and the reafbn probably why the
Learned of the Laws did, in their Reports, forbear to make men-
tion thereof was, becaufe it intrenched in thofe days, as of late
time, too much upon the Common Law of England ; and the
abufe in the exercife of the Jurifdiftion of the Court, might in-
duce the Sages of the Law to pais it over in filence, as an Ufiir'
pation of Monarchy upon the Common Law of England, in tliq
prejudice of the liberty of the SubjeQ: , granted by the Great
Charter.
And without peradventure, thofe good Laws made in Edv. tha
^A time, to preferve the Liberty of the Subject, were chiefly
grounded upon the unlimited Power which this Court did then
take to it felf.
In our Ancient Tear-Books it is called Camera StelUta^ not becaufe
the Chamber where the Court is kept is adorned with Stars, but
becaufe it is the Seat of the Great Courty and the Name is given ac-
cording to the Nature of the Judges thereof ; Denominatio being
apr^ftantioriy and ma^u^s d'tgmim trahit ad fe minus. Audit maybe
fb fitly called, becaufe the Stars ( in the common opinion ) have
no light, but that which is caft upon them from the Sun by rene-
ftion, it being a reprefentative Body ; and as King 'James was
pleafed to fay M'hen he fate there in His Royal Perfbn, Reprefenta-
tion mufi needs ceafe when the Perfon is prefent.
So in the prefence of His Majefly, which Is the Sun of Honour
and Glory, the fhining of thofe Stars is put out, not having any
power to pronounce any Sentence in this Court, (for the Judg-
ment is the Kings only ) but by way of advice to deliver their opi-
nions, which His Wifdom alloweth or difalloweth, increafeth or
abateth at His Royal Pleafiire ; which was performed by King
Jamesy even like unto Solomons Wifdom, in the great Cafe of the
Countefs of Exeter againfl Sir Thomas Lake^ wherein His Majefty
fate five continued days in a Chair of State, elevated above the
Table, about which liis Lords fate, and after a long and patient
Hearing, and the Opinions particularly of His Great Council, He
pronounced a Sentence more Accurately , Eloquently , Judicially,
Grave, and Honourably, more Jufl, to the fatisfaftion of all Hea-
rers, and all the Lovers of Juftice, than all the Records extant in
this Kingdom can declare to have been done by any of His Royal
Progenitors.
There is no Man will deny, that in all Monarchies the King is the
Fountain of all Juflice, to whom is the firfl Refuge for thofe
that are diflrefTed , and the laft to whom Appeals are to be
made.
And BraBoMy Father of our Laws, ( who writ in the Reign of
King Henry the 3^) doth agree it to be the Law of E.ngUnL
And Britton, ( v/ho writ in Ed^vard the firft's time ) beginneth
his Treatife to the fame purpofe, and concludeth writing in the
Kings Name : IVe mil that Our own JurifdtB'ion be above all ^iirif-
diHionsy in all Cafes Real and Perfonal. Admitting then the King to
be Supreme Judge of all , and fitting in His Throne of Majerty
with His Wife Men and Sages, diflributing Juftice in His Roval
Perfbn,
hiifioricd ColleUions.
473
Perfon, or by His Council hath found himfclf and them over- char-
ged, and hath therefore committed His Pleas of the Crown to cer-
tain Judges, Matters of Common Right to other Juftices, and to
others the AHairs of His Revenue ; all which, before they were di-
ftributcd vo others, were more properly determinable before Him-
lelf and His Council.
And therefore it is plain, that this Court was not founded by Acl
of Parliament in Htn. the 'jtlj's time. And it was (blemnly ad-
judged by the Chief- Juflices of England, Sir Edward Cookty and the
Lord Hokrt, attended by the Kings Learned Council, in the Cafe
between the Earl of Northumberland, and Sir Sttph.-n Froclor, pub-
liflied in open Court, that the Statute of 3 Hen. 7. extendeth not
any way to this Court : But the Lords Authorized by the Aft, may
at all times in all places determine of the Matters therein fpecified,
28 J/^. Pag. 52. Coram nobis &Concilio, is refblvedto be Coram Ret^e
iff Camera^ which hath been fb often affirmed by the Reverend
Judge Sir Edivard Cooke.
In the Ancient Laws of England we read of three Coun-
cils , Commune Concilium , Magnum Concilinm, (jr Privatum Conci-
lium.
For the firft. In all our Writs founded upon any Ancient Sta-
tute-La'Yy the Writ beginneth, Cum per Commune Concilium Regis
noftri provifum ; by which it plainly appeareth, that Commune Con-
cilium is the AfTembly of the Lords Spiritual and Temporal, and the
Commons in Parliament.
And that there is Magnum Coneilium Anglic, it appears by the
Statutes 32 E. j. Cap. 18. That falfe Informers fliall be brought be-
fore the Chancellor, Treafurer, and Great Council, to find Sureties
to endure pxnAm talionis^ if their Suggeftions were falfe. And all
the Statutes made after that Aclof 57. as well of Richard the Tq-
cond of Complaints before the Council, as of 1 5 H. 4. Cap. 7. for
certifying Riots to the Iving and His Council, is intended His Great
Council, which is the Court of Star-Chamber, afterwards by exprefs
Name called the IQngs Council in the Star-Cha?nber, 1 9 //. 7, Cap. 1 8.
In the Stat. 55 H. 8. Cap. i. For falfe Tokens. 4, cr 5 of Philip and
Mary, for fecret contrafting with young Maidens, and divers fub-
Icquent AQs of Parliament.
The third, which is Privatum Conctlimn, or the Council of St ate y
mentioned in the Ads of Eliz.. r. It hath been queflioned, whe-
ther it were all one with the Great Council ? Surely there is none
of the Privy-Council but is alfb of the Great Council:, but perhaps
fbme may be of the Qrtat Couneily v\'hich are not of the Privy-
Council.
It was a glorious fight upon a Star-day, when the Knights of
the Garter appear with the Stars on their Garments , and tho.
Judges in their Scarlet; and in that poflure they have fate fbme-
times from nine in the morning till five in tlie afternoon, before
every one had done fpeaking their minds in the Caufe that was bev
fore them.
And it was ufual for thofe that came to be Auditors at the Sen-
tence given in weighty Caufes, to be there by three in the morning
to get convenient places and ftanding.
The Warden of the Fleet or his Deputy ( then by name Mr. In-
PP P 2 QTMl'^y
I 3 Carol/ _
Thif Coarc
not founded
in Hinry the
^th\ time.
This Court is
Magnum Con-
cilium Anglia.
t
474
Hifiorical Collector,
s.
Ar?.
1637. |o7vtw) in tliofc days was conftantly attending in Court to receive
their Lordlliips commands, as there was occahon.
Tor the Dignity of this Court 1 find it's fiiid, rlrat finee the great
P^ornan S^'/tatr^ lb famous to all Ages, as tliat they were called fro
Jure miraciilnn Orbk^ there hath no Court come fb near them
in State, Honour and judicature ; the Judges of tliis Court
being furelv, in Honour, State, and Learning, tor Underilanding,
Julhce, Piety, and Mercy, equal, and in many of them exceeding
the Romm Senate, by fb much as Chrillian Knowledge exccedeth
Hiwiane I earning.
Nor hath this Court at any time wanted a Cicero or Horte^jfim,
to make a defence for fuch as are there aecu fed ; nor is there any
B.ir of 1 leading which affbrdeth fb large a fcope toexereife a good
Orator, tlie ulual Subjeft being the Defence of Honour and Hcmfty.
But Chancellor £//wc!?-e affefting Matter rather than Words, tyed
the fame to Laconhd brevity ; an Honour to a Court of Juftice,
to be fway'd rather by ponderous Reafons, than fluent and deceitful
Speech.
It is not the leafl Honour and Dignity to this Court, that the
Sentences and Judgments of the fame are not the opinion of any
private perfbn, bur the Judgment of many Noble, Wife, and
I earned Men conjoyncd together \ fo that it is a' Topick Rule for
alTuranceof Truth.
Another manifefbtion of the Dignity of it is, That the Procee-
dings are /-^w /e;?/-^; fecle , without precipitation, but giving time
to the Defendant to defend or excufe himfelf, botfi in producing
Teftimony, and in making defence at the Bar. And that it taketh
hold in Judgment only of direQ: Proofs, fpeaking Circumftances,
r)r more than probable PrefLimptions, and thefe not fingle but dou-
ble ; which caufeth the Judgment thereof to be efbeemed worthi-
!v, like the Laws of the Medes and Pcrfia^Sy irrevocable. Befides
rlie Reafons of the Sentence being fiiccindlly collefted and knit to-
trether , and fagelv delivered , by grave , learned and notable
Perfbnages , whole very Countenances add weight to their
words, and who tye therafelvcs to Certainty, and not to conje-
ftural Proofs. *
Th.e Lord Chancellor or K(^<'per ( for their Places by Aft of Parlia-
ment are all one) have divers Priviledges of Sovereignty belong-
ing to them, as the Supreme Judge there, which furely doth be-
long in his abfence to him, who holdeth the Supreme Place in that
Council.
There is no doubt, but the Lord Chancellor or Lord IQepcr of the
Great Seal is the Supreme Direftor of this High Court : For where-
as any other Lord of the Prelence f]3eaketh not in the Court,
inlefs his Head be uncovered, the Lord Chancellor or Lord fQfcper
rpeakerh with his Head covered, as a Perfbn to whom all the refl
owe a kind of Relj^eO:, or Reverence. And all Drd'es and Mar-
'juejfes , Earls , Barons , and Council of State in the Kingdom,
attend the Hour and Occafion of this great Lords going to
fit in this High Court: And at his own difcretion he com-
mandetli the Chief -Juflice, or any other Judge, to fit there at
ills pleafure.
Eefides,
/
Hi (I one al CqUcEIious.
475
Jkfides, this great Lord is the Moutli of the Court, to give
Rule or Order, and hath a great Prerogative in that fence, above
all other Courts at IVcflmf^//hr .- For in other Courts, if the Opi-
nions be equally divided, two one way, and two another way,
there is no _fudgment cntred : But in this Court, if the Prefence
be equally divided, the Lord ChanctUor^ or the Lord /Qt-ptrs Voice,
fwayeth it one way or other.
It feemeth to be an hnitation of the High Court of Parliament ;
for there, in equality of Voices, the Speakers Voice is predomi-
nant. If the Lord Lhanrellor or Lord ly^eper Condernn or Fine
the Defendant or Plaintiff", then hath it ever been undoubted ; for
that in things indifferent the bell: for the Kings profit is to be taken,
but where his Voice in equality acquitteth, yet the preheminence
of his Judgment, weighech down the Kings Profit, and the Pcrlbn
fliall ftand acquitted. For io Sir Sttfhm Procior was acquitted by
the Voice of Chancellor Elfmore \ and fb it was relblved by the
Judges upon Reference made to them, and their Opinions, after de-
liberate hearing, and view of former Prefidents, was publilhed
in open Court.
This Court for the mod part is replenilTied with Dukes, Mar-
quefTes, Earls, Earons, alio with Reverend Arch-Bifliops and Pre-
lates, grave Councellors of State, learned Judges, fiich a Compo-
fition for Juftice, Religion, and Government, as may be well and
truly (aid, ( whilft fo great a Prefence kept within their Bounds )
Mercy and 1 ruth n-ere mtt tooether.
Their num.ber in the Reign of Hck. 7. and H. 8. have been near
40 at one time,and 50 in the Reign of E//>.. oft-times;but fince much
lefTened, In ICing Char Its His time there hath been 24 and 26 at a
time, as in the Cafes of Mr. Chambtrsy S'lif: James Baggy the Bifliop
of Liffcoiff, and others.
Arch-Biiliop Whitgift did conflantly in this Court maintain the
Liberty of the Fret-Charter^ that none ought to be fined but falvo
Contentment n : he feldom gave any Sentence, but therein did miti-
gate in fbmething the Acrimony of thofe that fpake before him ;
but the flavilh Punillimcnt of \\ 'hippmg, &c. was not heard to come
from the Noble Spirits in thofe times fitting in that Honourable
Prefence.
When once this Court began to fwell big, and was delighted
with Blood, which fprung out of the Ears and Shoulders of the Pu-
nifhed, and nothing would fatisfie the revenge of fome Clergy-men
but cropt Ears y flit Nofcs, branded Faces, whipt Backs, gag'd iMoHths,
and withal to be thrown into Dungeons, and fbme to beBanifhed,
not only from their Native Country to remote Iflands, but by Order
of that Court to be feparated from Wife and Children, who were
by their Order not permitted to come near the Prifbn, where their
Husbands lay in mifery •■, Then began the Englijh Nation to lay to
heart the llavifli condition they were like to come unto, if this
Court continued in its greatncfs.
Records
I J Caroli-
Hiftorieal ColleBions,
2? Book of
AfTizepag-si.
In the Regi-
fter Fol. 124.
6 & 191. &
167.
Rotkl. Pjtent.
5 5 Hen. ?.
Mtmbran. 17.
50 £i. ?. So*
fars prima
mmbrM. i $•
membr.i. dorjo-
Clauf. 6 H.4-
mmbr.22.
clauf. IT H.6.
ClditC 17H. 6.
mmbr. 6 .
Rotul. Patent.
5 1 Hen, 6.
Pitent. 8 Ed.
4. ^(zri :;.
mmbr. 1 4.
•l^ff&rJi touching ancient Troccedings in the (jourt o/Star-clum-
ber , tranjcnbed out of JManuJcripts , which remained in
thdt Court.
C^Oram nobis & Comilio, refolved tohe. coram Rege & Concilio in
_j CamnaStelUt.
So Sir Edrv. Cook.
A Writ to appear before the King and His Council.
B.irmrd, NichoUi a Merchant, queftioned coram Rege ef Concilio j
for Fortune-telling, to the Icandal of one Arnold Griffin^ a^id was
thereof acquitted.
Sjiinks appeared upon procefs coram Rege dr Concilio., anflvered
the Bill of one Radland, was afterwards acquitted, and Radland
committed for his falfe acculation.
IJxbel Falconberge appeared before the Council of the King in the
Chamber of the Stars, near the receipt, about detaining of Deeds,
and was there ordered and fworn to deliver all the Deeds, faving
thofe that concerned her joynt Eftate.
The Writ now ufed in Star-Chamber to appear coram Rege & Con-
cilio, apud Wefiminfler /» i 5. Pafch. tefi. 1 4. Ftbraarii Jitb pcena 400 /.
In Camer* Stellar' coram Corxtlio Regis^ Danvers acquitted of the
raflire of a Record, znd Brocket a Clerk of the Exchequer that did
it, was fore-judged to havte accels for writing in any of the Kings
Courts of Record.
Jolm Foord appeared by Pri\^-Seal in Camera Stellat"* infra Palati-
■urn noftrum Wejlmonafitr., before the Lord Cromwell then Treafiirer,
and tray and FalUm, two of the Barons of the Exchequer, and
v.-as there examined upon Oath ; and upon his examination, and the
teftimony of Witneffes that were tiien examined, he was for frau-
dulent Packing of WooU in Broad-Cloths , which he jfold to a
Dmchman that traniported them, committed to the Fleet, after
fent to the Torver, and fet on the Pillory in Cornhil.
Ralph Lord Cromwell acquitted of the vlllanous accufation of
fufpicion of Trealbn.
The King and his Council in the Star-Chamber Heard and De-
creed the matter of title, between the Mafler and Brethren of the
HoljMtal of St. Leonards in Torkfhire, and the Inhabitants in Tork/bire,
C/nnberland, Northumberland, Wefimordand, touching Peter Corne.
In
1
Hiflorical Colle&wris:
Ml
In this Cafe of the Abbot of St. Edmonshtiry againft Ihurflo^ and
others, the Defendants were puniflied before the King and His
Council in tlie Court of Star-Ch.vnbtr, for turbulent election of
their Aldermen, aConftable, and other Officers.
The Defendant fined five pound for contempt to the King, and
to pay the Plaintiffs Cofts and Damages, and bound to his good
behaviour.
Bigott fined forty Marks upon Convifliion of a Ryot.
Debafing of Price of Wooll complained of, out of a report be-
yond Seas ; the Offender convented coram Rege & Cpncilio, and fined
and ranlbmed.
The Lord Chancellor to have povi^er to award damage agalnft
any Perfbiis, that fhould make untrue fuggeftions againft another
before the King and His Council, or in Chancery.
Scandalitm Magnatiim to be punidied by advice of the Kings
Council ( which the Books fay, is the Star-Chamber and there it
hath been frequently done ).
Publifhers of falfe News and Tales to be punifhed by advice of
the Council of the King ( non obfiante Statuto.)
By the Prefidents before mentioned it doth appear , that the
Court of Star-Chamber was far more ancient than ^ Hen. 7. and
that it had been and exercifed jurifdiftion both in Civil and Cri-
minal Canfes before the Stat. j. Hen. 7.
'Prefidoits of later timeu
Trln. i Eliz. fol. 66.
SEntenced loo/, for executing the place of High-Sheriff with-
out being Sworn ; and 1 00 /. for making falfe return of a Writ
for Election of Knights of the Shire.
Hill.iFliz. foL'^%.
For a Riotous taking away of a Prifoner, taken in the Wars with
the Frenchi
Pafc. 1 Eliz. fol. 95.
Sentenced for Riot, &c. fub pxna awarded againft them, to be
fent to the Fleet, and the Principal Defendants to pay her Ser-
vants Fines.
Mich
ij;
1 j Carol/l
Rotul. Fatent.
20 Ed. 4. firs
I, or 2.
28 Junii
1 Hit. 7.
28 Novimbrii,
3 Hen, 7.
4? Book atr.
pi. 38.
Statutes dire-
fting to the
Court 17. R.
2. cap. 6.
2 R.i.CAp.ii.
12 R,2.
II.
caf.
yide 4^. aff.pl.
18.25, or 13.
£. 4. 9.
2 R. 3,' to.
8H.7.I3.
Atforii. '.erf.
Jeroucker.
Breill -Jirj:
Marten.
Smith 'jirf.
Sivery.
478
Hiftofical ColleElmts.
An. 1637.
Vtrf. Ruffcl &
alios.
fliles vt)f.
Crouch.
Woodcock
vi)-[. Barber.
Lawley d^
aV.
Simmons liL
verf. Parry.
Lord Haftings
& al' Comp.
fup, ncog.
Attorn, verf,
BaUives Leich-
teild.
Brougliton
verf. Dom.
Howard Vic.
Bindon.
Attorn, vnf.
Thyn.
AJk/j. 2 Ellz. fol. 102,
A Commiflion of Rebellion againfl: the Defendants, cjirefted to
one Knight and three Elquires,
The Defendant fentenced to ftand in the Pillory with Papers, for
faying he could ever find an Oliver for a Roivland^mon^ the Qiieens
Council to bear him out in his matters.
Pdfc. ^. Eliz: fol. 124.
An Injunftion to give Poffeflion fub pa-m 200 /. and that being
difbbeyed, a Commillion to certain Perfbns to put and continue
them in Pofleffion j Commiflion Recorded in the Court.
Pafc. 5 Eliz,. fol. 125.
Fined and Committed for difobedience and Conten^pt of the
Queens Procefs.
Pafc. 5 Eliz. fol. 129.
The Plaintiff adjudged to ftand in the Pillory with Papers, pro
falfo CUmore.
Mich. 5 Eliz. fol. 129.
For hearing of Mafs difcharged by the Queen, propt. Siibmijf.
rrm.%Eliz.fol.\l%.
Ordinances for reformation of difbrders in Printing and Selling
of Books.
Hill. 4 Eliz. fol. 1^5.
Mr. Attorney ordered to put in an Information againft them, for
that they made no inquiry, nor did not punifli the great Riots Com-
mitted in Leitchfeild.
Pafc. 4 Eliz. fol. x6~].
The Lord Howard for revihng one of the Plaintiffs Witnefles, j
and calHng him Knave, for that he had been examined againft him,
fined at 100 7,
Pafc. 4 Eliz. fol.
It was ordered by the Court that no Procefs fhould be awarded
upon Bill of perjury for giving evidence to a Jury, whereon Vcr-
dift did pafs, unlels the Juftice before whom it was tried were
made privy thereto.
/////. 7 Eliz. fol. -yS.
The Caufe fentenced fipra Conftfjiontm of fbme, and proceed to
examine Witneffes againft the reft.
Pafc,
Hiftorical Colle&ions,
M9
Pafc. 7 Eliz. fol. 66.
The Arch-Bifiiop ot Cmttrhnry and two other Bifhops, fworri In
Court by the Lord Chief Juftice to be of the Qiieens Privy Coun-
cil.
HilL 8 £//c.. fol. I of
The Defendant difmift, and Plaintiff fined, lO /. to ride In d Cart
about the City, for that he keeping ill order in his Houfe, dilbbcy-
ed the Defendant being Conftable, when he came with the Watch
to apprehend fbme leud Perlbns that were then in his Houle.
P^fc.f). Eliz. fol. \6l.
Upon fight of the Charter of the Bifliop of Durefm., the two
Chief Jufi:ices did certifie that the Bifhop had Jura. Regalia^ and
thereby might hear and determine Riots.
That notwithlhriding, this Court ( in matters where doubt of
relief of Jufl:ice is ) may hear Riots done within that County Pa-
latine.
Pafc. 11 Eliz. fol. z^i.
it was ordered by the Queen, tiiat the Plaintiff fliould re-exa-
mine as many of his WitnefTes as he. would, and they to be exami-
ned by the Clerk of the Court.
Pafc. EdnK 6. fol. 54.
The Caufe to proceed as to the Party, notwithftanding the Kings
general Pardon,
54 Eliz. 56 No.
Deeds damned notwithftanding the Pardon pleaded.
Mich. 14 Eliz. fol. 34.
In this Caufe after it was fully heard ( for Forgery ) the Defen-
dants Were allowed to examine more Witnefies in their excule
than were there at firft, on a lecond hearing ; and then order for
WitnefTes to be examined, and at laft fentence palfed againit the
Defendants.
Hill. 1 5 Eliz. fol. 448.
The Plaintiff died a day or two before the Caufe was to be heard,
yet the Caufe prolecuted by Mr. Attorney at the day without Bill
of Revivor or Subp. ad aiidiendt judicium.
The Defendant jfentenced in this Court for delaying the execution
of aPrifbner Convifted, notwithft-anding he was lentenced in the
Marches of Wales before for the fame offence.
T, Carol''
Shnig
Bever.
;erf.
Confcable vtrf.
Whittington.
Mervin verf.
Mervin.
Reed verf.
Lygo».
Brereton verf.
Starkey.
Pynevcr/:Hill.
Gerrard verf.
Gregfham.
Attorney vtrj.
Phillips.
Trin. 56 Eliz. fol. 207. •
The Defendant fentenced for beating his Grandfather , to be Attorftey verf.
whipt before the Pifture of his Grandfather, he being uoable to ^^^'^*
come to the place where it was to be executed.
a.qq
Hill.
480
Elliot virf.
Wcblin.
Hiftorical ColleBiom.
Jo. Smith
Plaintiff.
Littleten -jH.
f«r/".Lowe.
Farrier & a'C
vtrU Oldfeild
DominnsMon-
ragueT;fr/.Lut-
tefworth &
Gibbs vtrf.
Attorn. RegU
vtrf. Camber.
Young v-irf.
Herlackenden
& al\
Concerning
Ship- money.
Hill. I^ Jacfol. 121.
The Defendant Committed for Arrefting the Plaintiff in the
County, at fuch time as he came to ferve him with the Procefi of
this Court.
Hni.i'iJac.fol.x2-^.
Committed for ferving procefs in the Church after Divine Ser-
vice ended.
Pafc. 1 4 Jm. fol. 145.
For preferring a Scandalous and untrue Petition to His Majeflry,
and for a Libel ; fined, and to ftand in the Pillory, good Behaviour,
Damages 200/.
Mich. 14 'Jm. fol. 204.
For a Praftice to retrad under their hands their former Tefli-
mony.
Mich. i^Jac.fol. 210.
The Attorney General Sir Francis Bacon ^ late as a Privy Coun-
cellor in Court.
Mich. 1 2 'Jac.
The Defendant fentenced for impounding the PlaintifT as aBeaft.
Trin. 1 5 'Jac. fol. 5 5.
A iWe exeat Reg. againft the Defendant, for that he fwore he
would depart the Kingdom rather than he would Marry.
Pafc. 5 "Jac. fol. 147.
Divers Defendants charged with Forgery, and pubhfhing there-
of, two of them who were the procurers of the Deed to be drawn
and written, fentenced to pay a Fine and ftand in the Pillory ; he
that drew the Deed, and he that engroffed it acquitted, and the
two Defendants fentenced are ordered to pay them Cofts.
/ g "He Cafe o'i Ship-money was this year brought upon the Stage
I by Mr. Hamfdens refiifal to pay the Tax laid upon him (living
in Buckmghamfotrey an Inland County^ towards the finding of a Ship
of fb many Tun at Sea : and this bufmefs coming to be argued be-
fore all the Judges of England in the Exchecjuer Chamber^ Oliver
St.Johno^ Limolns Inn Efq; of Council with Mr. Hampden firft
argued, of which the Author gives the Reader a large Account,
himielf being then prefent, and took the Argument in Chara61:ers ;
yet begs the Readers pardon for any miftakes, for it is not poffible
for a fingle Pen to be fb circumfpeft, in mentioning fo many Au-
thorities of Books and Records, but that Ibmething may be mif^
recited or omitted, when his hand with continual writing might
fbmetimes grow feeble, and thereby difinable him. Yet to the
beil of his Knowledge he hath not wilfully mifrecited any thing.
Mr.
Hijiorkal ColleBiom.
481
Mr. St. John's Argument.
May it pleafe your Lordjhips,
PAfc. 1 3 CaroP a Scire fac iiTued to the Slieriff of Buckin^hAm^ re-
citing That whereas feveral fums of mony mentioned in a
Schedule to that Writ annexed, by a Writ under the Great Seal of
Engliind^ Asx^A A^ Aii^ufi , 11 Car. Ceffed upon feveral Perfbns for
providing a Ship of War were not paid, and that upon a Ctrtiorart
dated 9 Martii, 1 5 Cur. thefe fnms and the feveral Perfons upon
whom they were aiTeffed, were certified into the Chxncery , and
from thence by Mittimus dated 5 Maii lafi: were fent into the Ex-
ciiequer, that Procefs might be thence iflued againft thefe De-
faulters.
Thereupon the Sheriff is commanded, quod fcirefaceret, to thofe
feveral Perfbns to appear in the Exchequer, OBok Trin. 1 5 C^r. to
fhew caufe why they fhould not pay thofe fums of money afTelTed
upon them; the Sheriff returned ^'/Wyc/re/t'f/V,^''^^^ H.rMpdt nEfq;
who was affeffed at twenty Shillings , and hath not paid it ;
Mr. Hamfden hath appeared and hath demanded Oyer of the Scirt
/«c' of the Schedule, the Writ dated j\Augufi., the Cerfiorare, and
the Mittimm and of their feveral returns, and hath thereupon de-
murred in Law.
The Writ dated 4 Auguft. 1 1 Car. becaufe It is the ground of the
iffuing forth of the Scire fac' and fb by neceffary confequence, as
that which firft occafioned any procefs againft him , it will be
the fubjefl: from whence will be fetched all that fhall be laid either
for or againft my Client ; I will endeavour by breaking it into parts,
more clearly to prefent it to your Lordfliips view.
The thing Commanded is, that this County fliall provide a SJiip
of War of 450 Tun, with 180 Men, Guns, Gunpowder, double
Tackling, Viftuals, and all other things neceffary, and to bring her
to PortfmoHth by the firft of March following, and from that time
to provide her of Viftuals, Mariners-wages, and all other neceffa-
ries for 26 Weeks ; for the effecting of this there is power given
to affefs each Perfbn in the County Secnnd. Stat, cr facultates^ and
to bring thefe Seffes by diftrefs, o" quos rebelks invenerint to impri-
fbn their Perfbns.
My Lords^ If the Writ had ftayed here, and gone no further,
the Command, though full in words, yet had been void in Law,
becaufe as yet it appears not for what end this Ship was to be pro-
vided 42 aff. PI. a Commiffionto feize mens goods notorioufly fuf-
pcftedof Fellons before Conviction adjudged void, becaufe there-
fore the Command without Caufe fhewen , and that fuffici-
ent in Law too would be void ; in the fecond place therefore they
are there fet down to be thefe, pro deftnfime Pxgni, 'Tuttione maris,
ficnritate fuhditor. & falva conduBione Naz/ium^ both outward and
inward, the Sea being infcfled v.ith Pirates, and more Shipping
being dailv prepared ad Regnum Graz<a?idum, thefe are the ends.
Li the third place the Legality of it, that every man fecnndum
fratam & facnltates fliould be hereto Seffed,is thus inforced.
1 J Caroli' \
482
Hifiorkal ColleBiorn.
\
Firfl, From cuftom and continued life in tliefe words, that the
Sea ptr ntrittm a??olicanam ah olrrn dtfrndi co»('. vit ] and lecondiv,
tliis ufe proved to be from a common ground of equity, in thefe
words, Vf.ffM dtfinfionisqriodon:ms tan^it^ f.r C7rrf.'cs dih' f f/ippnrtari^
and the rule of equity backt by the Common-Law in thefe words,
prout per koem (!/" corjjuetadinem Rep^ni Anpli^e fieri confuenjit '. the ar-
gument {fands thus, all have benefit by defence of the Realm, and
therefore by the Law the Charge ought to be born by all.
Thence it is further inforced tliat every man even by his allegi-
ance is bound to contribute to this charge, the Command being
in fide & legenncin. cfHibm nohis temmini : ot thefe parts the Writs
confifl , which alt being put together, in brief declare the fcope
and end of the ilfuing forth thereof, to be the defence and lafetv
of the Kingdom ; a thing fb necelTary, that it mull: needs be legal,
for it is too near and too narrow a conceit of the Wifdom and Po-
licy of the Law, to think that whilil: the care thereof fhould be
confined only to the prefervation of the general members of tlie
body politique, from the wrongs and preiTures that might be of-
fered from other to the fellow members, that in the mean time it
fliould leave the whole to the violence and will of tnemies, fb
that whilft each SubjeO: confidered as a part of the whole hath a
known and fiire eftate in Lands, and real Property in his Goods, not
to be impeached by any whatlbever within the Realm ; yet con-
fidered all together, and as they make up the imu?n Compojitnm, they
fhould have in them onXy precariampojfeffionem, or Tenancy at Will,
in regard of Foreigners.
My Lords, This cannot be, for the Law is fb careflil herein, that
even afar off it forefees and prevents all damages in this kind, and
that is the reafbnthat an Alien, though a friend, hath not Capaci-
ty to purchafe any Land within the Realm : and if the Law be fb
quick fighted, as that to prevent but pofTibilities of danger, it keeps
fiich flrangers from having any Land within the Realm which de-
fire to come by it peaceably, and for valuable confideration ; by
this we may eafily fee the great care it hath to prevent apparent
dangers,which ulually proceed from open force and violence ; whicli
further appears by the greatnefs of the punifliment which the Law
inflifls upon Offenders in this kind, which is High-treafbn of all
other the greatefl:, i 3 Eliz. Dr. 298. Story confpircd bevond Sea
with a Foreign State to invade the Realm, and though nothing was
attempted yt it is adiudged High-treafbn : and 21 £. ^. /o/. 2^. and
45 £.5.25. a man killed a Captain that was going v.ith twenty
men at Arms to the King in his Wars, and adjudged to be High-
Treafbn, and fbby fbme opinions in Print, it is to burn or fink any
of the Kings Ships. By the greatnefs of the punifhment for breach
of the negative part of the Law we might underftand the perempto-
rinefs and force of the affirmative part ; fb that, my Lords, in this
cafe the queftion is not ^e Re, for by the Law the fafetv of the
Realm is to be provided, for fal;^s Populi Supremx Lex; neither is
the queflion dePfrfonis, either in reljocftof the Perfbns, who arc
to bear the charge of it, or of the Perfbns whom the Law hath
intrufted with the care and power of this Common defence. For
the firft, that is, the perfbns that are to bear this Charge, that in
the Writ quod cnr/ies tangit ptr onmes dtbet fapportari., the reafbns
■ ■ ■ in
ii if} or teal Colle&ions.
48?
in the Writ are weighty and agreeable to the Rule both of the
Common.and Civil Law, Q^i Imtit camtmdnm [entire debet & ontts;
fb that I conceive the burthen lies upon all in refpeft of our bona, na-
tura, our Lives and Perlbns be equally as dear to one as to another j
in rcfjiefl: of our bom fortune, lb fximdnm (latum dr facnltatts, be-
caufc the greater the ftate and means of Livelihood, the greater
the benefit by the defence ; the Law in this Cafe of defence a-
gainft the Invafions of living Enemies, being the fame with that a-
gainft the Invafions of our Soil and Ground, by the hiundations and
out-rages of the Sea and Frefli Water ; for by the Law, as appears
by the CommiiTions of SeVi-ers, as well before the Statute of 28
//. 8. as fince, to the repairing of a Banck or Caufey, River, oro-
ther Sevver , all are chargeable that have thereby defcnfioHem,
co-inmodum , vd fdvat'iomm^ qnnUteramque ; all that have defence
mufl: be feffed, the Afieffes m^ufl: be equally diftributed, and there-
fore laid upon every Man within the level pro rata portionis Temr.e
fu£, fett pro qiiantitate commune paflurx vel pifcarU, the more Land,
Common, or Benefit each Man hath, the greater Benefit : And ac-
cording to the propoftion the Aflcfs inufl: be fet : So that, my
Lords, in the fecond place the quefl:ion will not be whether my
Client by Law be exempted from the Charge of the defence of
the Realm; for with other His Majefl;ies Subje£ts he ought to
bear the common Burthen , and more or lels may be thereof
laid upon him proportionable to his Efl:ate and Means of Liveli-
hood.
Neither thirdly, is there any queflrion to be made but the Law
hath intruflied the Perfon of His Royal Majefty with the care of
this Defence : the Defence and Protection whicfj we have in our
Bodies, Lands and Goods againft any within the Realm, we know
it is from him ; for all Jurifdiftion Legal, both Ecclefiafl:ical and
Civil, which defends us in them is wholly in His Majefi:y y the
fame it is in cafe of Forreign Defence, even by the Jit-s Gentium, as
appears in the Text by the Peoples defiring that they might be like
all Nations, by having one that might judge them, and go out be-
fore them, and fight their Battles.
That the King ( and that legally ) calleth the Kingdom Regnnm
noftrumy and every City and great Town Qivitatem dr VtUam no-
firar/2., quo.id proprietatem, it cannot be, becaufe that it is in the fe-
veral Land-owners ; it muft be lb therefore principally in this re-
fpcQ:, q.'/oad protecfionem ^' defenfionem : neither hath the Law in-
vefted the Crown with this height of Sovereignty, only as an Hono-
rarium for the greater Splendor of it ; but likewife as a Duty of the
Crown, or pars Mtnifterii for the good and fafety of the Realm,
which in many of the ancient Commiflions of the Sewers before
the Statute of 2^ H. 8. is thus exprefied. That the King ratione
Regiji Di'^nitatii & per "Jur amentum eft afvriBm ad providtndiim Sal-
I'stioni Re^ni ciratmquaq; So that both in Honour, and by his Oath,
he is hound to provide for the fafety of the Realm, and that ctrcum-
qnaque.
My Lords^ by the Law the King is Pater famili^e^ who by the
Law of Oec!>no?nicks is not only to keep peace at home, but to'
proteft his Wife and Children, and whole Families from injuries
from abroad.
It
I 5 Caroli.
484
Hidorical Colletiions.
Jn.iSlJ.
his vigilance and watchfulncfs
and
that difcovers who are our
difcovery firit warns us of
It is
friends and foes, and that after fiich
them, for He only hatli power to make War and Peace
Neither hath the Law only intruded the care of the defence to
His Ma jelly, but it hath likewife, fecondly, put the Arm at am po-
tefiat' and means of defence wholly in His Hands ; for wlien the
Enemy is by Him difcovered, and declared, it is not in the power
of the Subjett to order the way and means of defence, either by
Sea or by Land, according as they fliall think fit; for no Man,
without Commiflion or fj:)ecial Licenfe from His Majefty, can fet
forth any Ships to Sea for that purpofe ; neither can any Man, with-
out fuch Commiflion or Licenfe, unlefs upon fudden coming of E-
nemies ered a Fort, Caftle or Bulwark, though upon his o\\'n
ground ; neither, but upon fbme luch emergent caufe, is it lawfui
for any Subjeft, without fpecial Commifhon, to arm or draw to-
gether any Troops or Companies of Souldiers, or to make any gene-
ral Colleftions of Money of any of His Majefties Subjefts, tfiough
with their confent.
Neither in the third place is His Majefty armed only with this
Primitive Prerogative Power of Gemraltfjimo^ and Commander in
Cliief, that none can advance towards the Enemy until He gives
the Signal, nor in other manner than according to His direOiion ;
but likewile with all other Powers requifite for the full execution
of all things incident to fb high a Place, as well in times of eminent
danger, as of a£lual War. The Sheriff of each County, who is
but His Majefties Minifter, he hath the fof^t Comitatm ; and there-
fore it muft needs follow, that the poffe Regni is in Himfelf
My Lords, not to burn day-light longer, it muft needs be grant-
ed, that in this bufinefs of defence the Supremo, poteftai is in-
herent in His Majefty , as part of His Crown and Kingly Dig-
nity.
So that as the care and provifion of the Law of En^iland extends
in the firft place to Forreign Defence, and fecondly lays the bur-
then upon all, and for ought I have to fay againft it, it makcth the
quantity of each Mans Eftate the Rule whereby this burthen is to be
equally apportioned upon each perfbn ; fo likewife hath it in the
third place made His Majefty the fble Judge of dangers from For-
reigners, and when and how the fame are to be prevented, and to
come nearer, hath given him power, by W^rit under the Great
Seal of Entrland^ to command the Inhabitants of each County to
provide Shipping for the defence of the Kingdom, and may by Law
compel the doing thereof
So that, my Lords, as I ftill conceive the queftion will not be
deferfofia, in whom the S/iprem^t /-c^f/zf^f of giving the Authorities
or Po\\'ers to the Sheriff, which are mentioned in this Writ, doth
lie, for that it is in (he King ; but the queftion is only de modo, by
what Medium or Method this Supreme Pow er, which is in His Ma-
jefty doth infufe and let out it felf into this particular; and whe-
ther or no in this Caufe fiich of them have been ufed, as have
rightly accommodated , and applyed this Power unto this
Writ in the intended way of defence for the Law of Ei^^Ufid, for
the applying of that Supreme Power which it hath fetled in Bis
Majefty to the particular caufes and occafions that fall out, hath
fee
Hifiorical Colle&ions.
485
whicli'are neceflary to be ob
let down Methods and known Rules
lerved.
In His Majefty there is a two-fold Power, -voluntas, or potcfi.n
itttertia^ or natiirdis ; externa, or legAlis, which by all the Judges of
England^ 2 R. J. /o. 1 1, is exprefled /er voUntatem Regis in Camera,
and voluntatem Regis per Legem.
My Lords, the Forms and Rules of Law are not oblerved ; this
Supreme Power not working per Media, it remains ftill in Himlelf
as -voluntas Regis interna, and operates not to the good and relief of
the Subjeft that ftandeth in need.
To inftance,
His Majefty is the Fountain of Bounty ; but a Grant of Lands
without Letters Patents transfers no Eftate out of the Kincr to the
Patentee,^ nor by Letters Patents, but by fuch words as the Law
hath preicribed.
His Majefty is the Fountain of JulHce ; and though all Juftice
which is done within the Realm flows from this Fountain, yet it
muft run in certain and known Channels : an Affile in the Kjngs-
Bench^ or an Appeal of Death in the Common-Pleas, are Coram non
Judice, though the Writ be His Majefties Command ; and fo of
the leveralJurifdiQions of each Court. The Juftice whereby all
Felons and Traitors are put to death, proceeds from His Majefty ;
but if a Writ of Execution of a Traytor or Felon be awarded by His
Majefty ,withoutAppeal or Indiftment preceding,an Appeal of Death
will lye by the Heir againft the Executioner,if the Procefs be Legal,
and in a right Court ; yet I conceive, that His Majefty alone, with-
out affiftance of the Judges of the Court, cannot give Judgment :
I know that King John, H. 5. and other Kings have fitten in
the lyings-Bench , and in the Exche^.rer ; but tor ought appears
they were affifted by their Judges. This I ground upon the Book-
Cafe of 2 R. ?. fo. 10, e^ II.
Where the Party is to make Fine and Ranfome at the Kings Will
and Pleafure, this Fine, by the opinion of the Judges of England,
muft be let by the Judges before whom the Party was convicted,
and cannot be fet by the King : the words of the Book are thus ;
In ter minis, & non per Regem per fe in Camera fit a nac aliter coram fe
nift per Jii[Htiariosfuos; & h^c efi voluntas Regis, fcilicet per Jujlitia-
rios fnos dr per Legem fuam to do it.
And as without the affiftance of His Judges, who are His letled
Councel at Law, His Majefty applies not the Law and Juftice in
many Cafes unto His Subje£ts ; lb likewife in other Cafes : nei-
ther is this fufficient to do it without the affiftance of His great
Council in Parliament ; if an erroneous Judgment was given before
the Statute of 27 Eliz.. mtht Kjngs-Bench, the King could not re-
lieve His grieved Subjefts any way but by a Writ of" Error in Par-
hament ; neither can He out of Parliament alter the old Laws, nor
make new,or make any Naturalizations orLegitimations,nor do fbme
other things ; and yet is the Parliament His Majefties Court too,
as well as other His Courts of Juftice : It's His Majefty that gives
Life and Being to that, for He only Summons, Continues, and Dil-
Iblves it, and He by His Le -volt enlivens all tfie AGions of it ; and
after the diffolution of it, by fupporting His Courts of Juftice,
He keeps them ftill alive, by putting them in execution : And al-
though
I 3 Caroli-
^i
486
Hiflorical Colle&ions.
Jn.iSjj. though in the Writ oi Wa.fi. and fome other Writs, it is called
(lommune Concilium Rcgn't , in rel]5eft that the whole Kingdom is
reprefentatively there^ and fecondly, that the whole kingdom
have accefs thither in all things that concern them , other C ourts
affording reUef but in Ipecial Caufes : And thirdly, in relJDeft that
the whole Kingdom is interefted in, and receive benefit by the
Laws and things there paffed ; yet it is Concilm-m Regn't no other-
wife than the Common Law is Lex Jirr^^ that is per Modum Rtgu
whole it is ; if 1 may lb term it in a great part, even in point of
Interef!:, as He is the Head of the Common-Wealth, and whofe
it is wholly in trufb for the good of the w hole body of the Realm ;
for He alone is trufted with the execut.on of it. The Parliament
is the Kings Court , and therefore in the Summons the King calls it
ParlLtmeMtnm nofirnm \ fo the Returns of the Knights and Burgeffes,
Qjiod fiHt idFurltamentiim Domini Regis ^ fktalib. 2. Cap. i. Hahet
Rex>Curiam fuarn in Concilio fuo in Parlia?nentis fiiis ; and therefore
the Pleadings there which anciently were uiual to begin for the
moft part Queritur Domino Regi, Petitions by private Perfbns, S»p-
plicavit Domino Regi ; though for relief againft others, Inquifi-
tions and Femre facias retornable there fbmetimes coram Domino
R(ge in Parliamenio fiio, and fbmetimes ciramRege& Concilio fuo^,
as appears by infinite Prefidents in the Parliament Pleas of £. i.
and E. 2. time, both in the Tower, and many Cafes adjourned into
the Kin^s-Bench.
The Patents pafl: by authority of Parliament, and likewife the
Afts of Parliament had anciently fo much of the Kings Name and
Stile in them, that, as it appears in the Princes Cafe in the ^tb Re-
por£,it was a hard matter other wife than by Circumftances to know
whether they had any thing of the Parliament in them or not ;
and from thofe times, even until now, the alteration is nothing in
fubflance, for the Afts for the moft part are thus ; It is Ena£ted by
Our Sovereign Lord the King, with the AlTent of the Lords Spiri-
tual and Temporal, and Commons ; the King both then and ftill is
the Pars Jgens^ the reft are but Confentimtes. My Lords, to apply
all to the Cafe in queftion by the Cafes before cited, it appears,
that what was done in Parliament by the Law-Phrafe and Dialed,
is faid to be done by the King ; for as the Civilians fay of the Se-
nate, that it is Pars Corporis C^faris, fb we of the Parliament, that
it is Pars Corporis Regis ; the Maxime of J/tftinian, Q^iod principi
placet Legis vim habet. It is agreed by Mr. Bracfon, and all the Civi-
lians ; and yet both he and many of them fay, That thofe muft
pals the Senate though done in the Senate, yet they be Placita
Principis; fb is it, although when we fpeak ut Vulgtis., we fay
Fines are faid to be fet, and other things to be done by the Kings
Court, yet the Law faith, that they be done and fet by the King ;
by the fame reafbn therefore, though when we fpeak ut Vnlgm we
fay fuch a thing is done by the Parliament, yet in the Legal Ac-
count thefe are done by the King, the Medium or way of doing of
them with adiftance or confent of His great Council in Parliament.
The fecond thing which I obferve is this, by the Cafes before ci-
ted it appears, that without the afliftance in Parliament, HisMa-
jefty cannot in many Cafes communicate either His Juftice or Power
unto His Subje£ls.
Hence
I
Hijiorical ColleBions.
487
Hence thirdly it neceffarily follows , as I conceive , that the
Kingly Dignity doth moft operate and manifeft it ieif there, which
was the opinion of all the Judges of England declared in a Parlia-
ment 34//. 8. as appears by Crompton Jnrifd. fol. 10. who by the
Kings Commandment meeting together about Point of Priviledtre
of Parhament, the King afterwards in declaring their opinion dot'h
it in part of the Cafe in thele words : ' Further We be informed by
' Our Judges, that \\'e at no time ftand (b highly in Our Eftate-
' Royal as in time of Parliament, wherein We as Head, and you as
' Members, are conjoyned and knit together into one Body-Politick ;
which His Declaration of itfhews likewife that it was the Kings-
own Opinion, That He at no time ftood lo highly in His Eftate-
Royal, as in time of Parliament : It appears not by the Record,
that this Writ which giveth pov/er to fell and alter the property of
the Defendants Goods, ilTued from His Majeily fitting in this His
Effate-Royal in Parliament ; and therefore cannot be intended by
]/our Lordlhips and the Court fo to do; if therefore it hath iffued
from His Majefty in the Chmcery^ or otherwile than in Parliament
where he ftands in that height of Sovereignty and perfeftion, that
He hath not fb much as a FoJ^e Nocere ; the queftion is, whether it
be erroneoufly ilTued yea or no ? My Lords, I have now put the
Cafe, which although in this particular Cafe it concerns the De-
fendant only, yet in confequence, as that appears, it concerns both
His Majefty and the whole State, and that in matters of the highefl:
nature poflible : His Majefty is concerned in the way and manner of
execution of the highefl and greateft truft which the Law hath re-
pofed in Him , the fafety and the prefervation of the Kingdom ;
the Subjefl: is concerned in that wherein he is mofl tender, in the
property of what he hath.
My Lords, the greatnefs and weight of the Cafe puts me into
this Dilemma, not to argue it were to deny that full Submi(fion
to the command of fbme of your Lordfliips as is fitting ; neither
fhould I do my Clyent that fervice which he experts : If I proceed,
the cafe is too M^eghty and too great for me to argue ; but I know
the fafefl way is obedience, and that the Court cannot expefl: much
from me. Having therefore already put the Cafe, I will go on in
the next place to ffate it, and afterwards to argue it ; the Queftion
being concerning the validity of the Command in the Writs, which
extends fo far as to the altering of the property of the Subjeds
Goods, without their confent ; and yet this being for a thing fo
neceffary as the defence of the Kingdom both at Land and Sea, for
the ends of the ifTuing forth of the Writ, as by that appears, 2Lrepro
defenfione Re^ni, tuitione Maris, Stciiritat' fuhditor' fal'vaConduBione
Navium both outward and inward. In the ftating of this great
Queftion I will in the firfl: place endeavour to prefent your Lord-
fhips thefe known and undoubted ways and means, whereby the
Law hath provided for the defence of the Realm both at Land and
Sea without the way in the Writ ; the firft whereof is by Te-
nures of Land : The Services which grow due hereby are of two
forts.
Services in kind, which tend immediately to AQion in times of
War ; fbme whereof are for Land-Service , and fbme for Sea-
Service.
R r r The
1 5 £arol'
J
488
Hifloricd Collections.
^n. 1657.
The firft fiich as fupply His Majefty with Money for that pur.
f)o{c.
The fecond way is thofe many Prerogatives which the Law hath
fetlcd in the Crown, and made pecuUar unto it for the defence of
the Kingdom in general.
The third is the partiailar fupplies of Money for the defence of
the Sea alone in time of danger, both ordinary and extraordinary,
the thing principally intended in the Writ.
Thefe, my Lords, will be the materials whereupon I fhall after-
wards ftate the Qiieftion.
In that of Tenures I fliall begin with the Services in kind, and
which tend immediately to Aftion in time of War.
The Kings of this Realm, as they are the Head of the Com-
mon-Wealth in general , fo are they the Head and Root from
whence all Tenures fpring ; for, as our Books agree, all the Land
within the Realm is either held mediately or immediately of the
Crown : as therefore the Law hath appropriated the defence ci the
Kingdom to the Kings thereof, fo hath it, as one of the principal
ways for the eflefting thereof, intrufted them with the relervations
of fiich Services as might ferve for that purpofe.
Amongft which, intending firft to fpeak of Land-Service, I will
begin with the Tenures by Knights-Service, every Man that holds
by this Service from a whole Knights-Fee to any part of it, ought
to find a Man competently armed for the Wars : Neither doth the
finding of Arms fatisfie this Tenure ; for he that holds by a whole
Knights Fee, ought to be forty days in the Service, and he that
holds bv the Moiety of a Knights Fee, twenty days, and fo in pro-
portion.
By the Books of the Knights Fee of Henry 1. E. i. and H. 6.
time in the Exchecjuer^ it appears, that there were many Thoufand
Knights Fees held of the Crown ; and in the Red Book it is laid,
That it was in ore ornnimn : That in the Conquerors time there
were pooo held of Him,fome fince have computed them to 60002,
which perhaps may be with addition of thofe that are held of
corDmon Perfons , which are not of thole upon which I fhalt
infift.
But it may be objefted, that in refpeft that thefe Services are
referved by the King, that therefore they were not Inftituted only
for the defence of the Realm, but may be exacled for Forreign
Wars, or other-vvhere for His Majefties pecuhar Service, as He
fhall think fit, which may be inforced both from the name xihich
our old Books and Deeds ftile this Service by, M'hen due to the
Crown, that is Forinfecum Servitium : And fecondly from the ufe
thereof; it having been performed in Normandy, Gafcoign", Tho-
louhy and IreUnd, as appears by the Red Book, and many Cafes
put together in the Inftitutes in the Chapter of Efcnage.
To tlie hrft Obiedionof the Name, the Anfwer is clear ; for an-
ciently when thofe that held immediately of the Crown by this
Service, did enfeoff others of the Land fo held, defiring to free
themfelves of the burthen of this Service , befides the Services
which they referved to themfelves ; they likewife commonly in
the Conveyance made provifion for their ov/n Acquittal againft the
and the Feoffee took the whole Burthen therefore upon
himlelf :
King,
Hijiorical C oil eU ions.
489
himfelf : And therefore in the Book of Knights Fees of H. 2. time
in (b many Hundred Certificates of thofe that held immediately of
the Kingj William London of Wilt^jirt certifies thus : Q^iod nnilnm
Aim tern hiibeo ftoffxtum, fed. debto deftndere Feodum mvam ^tr Ser-
vititan Corporii met; of this nature are three or four others: AU
the reft after certifies by how many Knights Fees he holds, then
likewile he certifies that defendit^ 8fc. againft the King, by fuch
and fuch Milites Ftof/itos ; and in thefe Deeds of Feofhnen't, after
the refervation to the Feoffer, was this Claufe, & faciena! inde,
Ibmetimes furinfecum Servitiiim , fbmetimes Rej^ale Sewitlnm.
Br act on lib. 2. fo. ^6, 57. and Yleta. lib. 3. Cap. 14. fay that it is cal-
led Regale Scrvitmm, quia efl Sewitium Domini Regis ; and by
them Reg^ale Seruitinm., and Servitium Domini Regis, are all but
one and the fame thing ; to that therefore I fhall need give no fur-
ther anfvver.
By the fame Authors it is called Forinftatm Servitium, quia ca-
pitur for is, five extra Servitium, quod fit Domino Cauitali ; and that
is the meaning of the word, and that is called Forinfecum, in re-
gard that the Service is to be done foris, that is, out of the King-
dom, is cleared to your Lardfliips by thefe Cafes, P. 49. H. 5.
Com'' P. 31. £. I. Ro. 52. Dor. Com'' HtlP yj E. 1. Ro. 52. Dor. fo.
Cornage, which we know is to wind a Horn within the Realm ; in
all thofe three Cafes is called Servitium Forinfecum Domini Re^is
Cornagii ; and Ca(He-Gard within the County of Northumberland,
at the Caftle of Bamburgh called Forinfecum Servitium Domini
Regis.
To the fecond part of this Objcftion, that this Service hath been
often performed beyond Sea.
For the prefent I fhall give anfwer thereunto but in part, by tel-
ling your Lordfhips, without making proof of it as yet, that Ef
cuage, which is all the penalty that lies upon the Tenant for his de-
fault, cannot be afTeffed but in Parliament ; which if it be fb pro-
ved that the King cannot command this Service otherwife than for
the good and defence of the Realm, in regard that if it be other-
wife, no Efcua^e can be affeffed without content in Parliament,
which likewile by intendment according to the good that the
Kingdom is likely to receive by the Service, will proportionably
lelTen or encreafe the Efcuage. My Lords, that this Service was in-
ftituted for the defence of the Realm, appears by the care which
the Law hath always taken for the encreafe and prefervation of
thefe Services ; fb that if the Lord purchafe part of the Land,
yet the whole Service remains ; which being entire , and to
be done by the Body of a Man, in that of being a Steward or
Bailiff, or other private Service, makes an extinguifhment of the
whole.
The Authorities in point are many in this the Statute of Mortmain,
7 £. I. They mifchief by conveying Land to Houfes of Religion,
is there expreffed to be quod Servitia qux ex hujufmodi feodis deben-
tur, dr qu^ ad defenfonem Regni ab initio provifa fuerunt, indebite
fubtrahuntur ; and befides the Declaration, that they are for defence
of the Realm, that Statute likewile provides for the increafe of
them ; for if the Lord enter not within the year and day after the
Feoffment, the King is to enter ; and as the words of the Statute
R r r 2 , are.
Caroli
49
o
Hiflorical Colle&iom.
An. 1637.
are, Alios inde Feojfavimui per cert a Servitia nobis indt /id dtfenfwnem
Regm nofiri faciendu, the words are oblervable per Servitia nobis indt
fiicienda; for though the Service be to be done to the King, yet it
muft be ^j done to the King as it be addeftnfionem Regni.
This explains the Charter of //. i . Enrolled in the Red Book in
the Chequer, and cited in Matthew Paris, in the firft Leafe of //. i .
Reign, where the King frees Knights-Service Land from all Gelde*
and Taxes, that being ealed of this Burthen, apti & parati fmt ad
Servitium meum, dr ad defenfiomm Regm met : In the Black Book in
the Chequer fo. J. Scutage defined, ut immiuente in Regnum hofiiutn
machinatione , it is then due : So Bra^on in his lecond Book
fo. 36, 57.
That they are fb propter exercitum, & patri^ tuitionem^ and
to be performed cert is temper ibut cum cafus dr ntceffltas €zienerit,Britton
fo. 162. 6. ks Fees de Chartre fuerunt purveus al defenfe'de nofirt
Realme. ,
The Books are exprefs 35 H.6. 41. 8 i^/t?. 105. Talbots Cafe 6
Report fo. 2. Burvtrtons Cale.
//?/. />/. 105. Co. Preface to the ninth Report.
For the further clearing of what is (aid already, and what I am
to add, it is oblervable, that thole Services are not created ex pro-
vifione hominis, but ex provifione Legis ; for as it is in .^ 3 H. 6, 7.
6^ 6 Report fo. 7. Wheelers Cafe, and in the ()th Report fo. 12^.
Lawes Cafe ; if the King grants Lands without referving any Ser-
vice at all, or ahfq', aliquo inde reddendo, the Patentee fliall hold the
Land by Knights-Service in Capite ; the Books of 24 £. 5. 65.
Stamf. Prerog. fo. lo. Infitt.pl. 73. (aid, That the firft Kings of
this Realm had all the Lands of it in their own Hands ; which ap-
pears likewile by this, that all the Land within the Kingdom is
held mediately or immediately of the Crown; in the transferring
of thofe Lands to the feveral Inhabitants, we fee by the Cafes be-
fore cited, that the caie and provifion of Law was, that all iliould
by Tenure of the Crown be made liable to the defence of the
Kingdom : I fliall therefore Ihew briefly how the Kings of this
Realm have executed the truft for the defence both at Land and
Sea.
And firft a httle further to profecute the Land-Service ; becaufe,
the Tenures by Knights-Service tye the Tenant only to forty days
Service, and that to the defence of the Realm only in the general ;
they therefore referved divers other Tenures for particular, and
certain Services as grand Serjeances ; fome whereof, as in the I»-
(titutes fo.io6. is obferved, were for Service of Honour in time of
Peace, and fbme for Military Service ; of which laft (bit, as ap-
pears in the Book of Serjeances in the Chequer, and many Rolls of
them in the Tally-OfBce ; fbme whereof were to carry the Kings
Banner, fbme to fummon the Tenants ad exercitum, fbme to be of
the Vauntgard, fbme of the Rear, fome to ferve in Walts, fome in
Scotland, fomc infra quitnor Maria, fbme infra quatuor portus AnglLe;
of thefe are Services of all forts neceflary for aii Army, and in re-
fpeft of the multitude of thefe Military Serjeances over the others^
as forgetting them, Britton. fo. 164. in his definition of grand Ser-,
jeancy faith, That they are par defence deP Relm-, ; & Pitta lib. j.
Cap. \6. Magn^ Serjanciit Regent tantum refpkiunt & patriJi defenfio-
nem
Hijiorical ColleUions.
491
Ke-r/i. Befides, the grand Serjances of tliis nature likewife are the j i 5 Ciruli
Tenures by Cornage to give warning of the Enemies coming
into the Kingdom, and the Tenures by Ca/}/e-Guard ; thcfe by
L/t. III. were to defend the Caftles when the Enemy enters the
Realm, which in ancient times were Forts and Bulwarks of the
Realm; whereof, as Mr. Cambdett Pag. 815. obferves, there Vrere
1 1 1 5 in //. 2d^s time, whereof a great part, and eipecially fuch
as were upon the Sea-Coalf s, and Frontiers of Scotland and lV.'>J>'s,
the Places of greateft danger, were the Kings ; and befides thole
Grand Serjeances, which were to be performed by the Bodies of
Men, there arc Petty Serjeances for the hnding of Armor of all Ibrts
for the Wars.
My Lords, that the former Kings did execute this power of Te-
nures for the defence of the Realm, according to the Truft by
the Law repoled in them, appears further in this, that in the Pla-
ces of greateft danger there were ever moft of them.
All along the Sea-Coaits of I(fat and Hujfex, neareft of all o-
thers to Francey are the five Ports, who befides their Sea-Service
have all JurifHiftion within themlelves, that the Inhabitants for
weakning of thole Ports might not be compelled to travel out of
them, for any matters of Juftice, and divers other Privil edges,
both to invite the People to live there, and to incourage them to
the defence of thole Places; and Doi^er-Caftle, the Key of the
Kingdom, as of greateft Conlequence, fb hath it 200 Tenures
by Caftle Guard , wanting very few , befides divers Tenures
for repairing of the Caftle; which appears by the Record called the
Quire of Dover, remaining in the Chtqmr ; which that it is of Re-
cord, and determines the Services of the five Ports, as Domefday
doth the Tenures of Ancient Demefne, appears Int. Coram 27 £. i.
Rot. ^5. and by another Record added to that Quire of Dover,
20 F. 4. it likewife appears, that in times of War the King is
to maintain in that Caftle 1000 Foot and 100 Horie for the de-
fence of it.
Next to come to the Borders of Scotland^ there we find the
Franchife of the Biftioprick of Durhxm inftituted likewife for the
defence of thole parts, which William the Conqueror, as Malmes-
bitry fo. 1 57. obferves, firft made a County Palat. and Walker Bifhop
thereof ducem pariter (jr EpifcopHm ut refrxaaret rehellionem gentes
gladio dr reformaret mores eloquto.
And befides this in all the Counties of Cumberland., Northumber-
land., and Wejlmoreland, are more Tenures for the defence of the
Realm than any of the Inland Counties, and thofe likewife moft
proper for Borders Cor^w pat. 51. E.i. Ro.-^2. Dor. It's there found
by Inquifition returned into the Chequer that every Lord of a
Town within the County oi Northumberland held by Cornage;
when the Scots entred the Realm Mr. Catnbden in his Bnt. Pag.
794. and 799. mentioning the great number of Petty Baronies and
Caftles all along thole Marches, which Britton fol. 87. and infti-
tutes fol. 7^. lay were inftituted for the defence of the Realm, ob-
ferves herein hkewife the Policy of the Law, and likewife the ma-
ny Serjeances there in the advancing of the Kings Army to be of
the Vauntguard, and in the retreat, in the Rear, thofe People beft
knowing the ways and paffages of the Country.
Whence,
492
Hiftorical Colle&iom.
.V/-A 1637.
S"
Whence, my Lords, when we come to the Marches of Waks^
there Me find another County Palat. I mean that of Chtfier and the
Earl of Chifcr and his Earons to oppofe the Welch Invafions.
Upon thofe Marches , befides the Hke lervices , as upon tlie
Borders of Scotland^ there were Ukewife many Lords Marchers
of feveral Baronies, who had adminiftration of all Juftice with-
in themfelves, feamdnm Legtm MarchU ; and for their fervices to
be done againft the Welch they had two fpecial priviledges, that
is the third peny of all Spoiles in War as was adjudged in Parlia-
ment, 20 £. \. B.R. Ro. 12 3. in that great cafe between the Earls
of GlocefJer and Hereford, and in the Parliament Book 20 £. i.
And fecondly, all the Prifoners that they took in the Wars /'er
Confiittndinem MarchLe belonged to the takers of them.
Trm. 25 E. i. Ro. 28. Coram Ro^er de Kjiownell in partibm
Motintgomeri£, inguerra Wallix 23 £.1. had taken three JVelchPn-
fbners ; and becaufe by the Kings Command they were releafed of
their Imprifonment, it's there adjudged that the King fhou W pay
him forty pounds in recompence, and lb it was adjudged Coram
Hill. 25. E.i. Ro. 1 1 . Dor.
My Lordf, His Majefty is in the aftual pofTeflion of thefe milita-
ry fervices, by taking the profits of Wards, Marriages, Releafes,
Licenfes, and forfeitures for alienation, and Primer Seifm as fruits
of them.
That the profits of Wards and Marriages are to be ipent in Wars
for the defence of the Realm as well as for bringing up tlie Ward,
the Rooks are ^ 5 //. 6. 41 . Britton 162.
That the Lords receive the profits becaufe he is not able to do
the fervice if the Kings Ward was within age when the Tenants
were lummoned ad exercitum., he paid no efcuage, as is adjudged
M 20. £.1. R.g & 20 Coia & M. 28. £. 1. Bra. irrott. fb it is
for Releifs and Licenfes and forfeitures of Alienation of the Kings
Tenant, without his confent might be altered, and for primer feifm
the King was to receive tlie profits till the Tenant by his homage
had aifured the King of his fervice, the Summons always com-
manding him to beat the place of theRandevows in fide &homa-
gio tjuibii-s nobis tenemini, all thefe being but fruits that fall from-
thefe Military Services.
My Lords., Now to come to Sea-fervice, the care of the executi-
on of this truft by Tenures was extended likewife to the defence of
the Sea.
The Town of Lewes in Sujfex holds by this Service quod fi Rex
ad Mare Cuftodiendiim ftios mittere 'voluijjetj they paid fb much mo-
ney, Et hos habehant qui in tnxnibus Arma Cu(todiebant , this, my
Lords, is in Domefday : in Colchefier every Houfe to pay fix-pence
per Annum, ad Viiium foldar* Regis ad expeditionem terrx vel Maris
Warwick : Si Rex per Mare contra Hofiesfuos ibaf, the Town was to
find four Botfwains ; Salisbury then to pay fb much mony ad Paf-
cendnm Buflecorlos Domini Regis, which as Florentitts explains the
word be Mmiflros Nauticos ; Glocefter and others fuch a weight of
Lun, ad Claves Navium Regis, Others to find Horfes to carry Armor
and Weapons to the Sliips.
Mj
Hifiorical Colle thorn.
499
My Lords , Of this Natiire are many in that Book, which parti-
cularly to mention to gain time I will omit.
That the Tenures of this kind after the Conquerors time conti-
nued in ufe, and were well-known appearsby the Regifter /(*/. 2.
where, amongft other Services^ is this of fliipping alio inftanced
in thele words, Qmd cUrnat ttmre de nobis per libtr' Strvit'' inuim-
endi nobis quinq; Naves p^o omni Servitio. Ill the her Roll of F.ffex,
li, E.x.Ro. 7. it's prefented that the Town of Maiden tenet per
Serjantiam inr>eniendi imam Navem^ quandocunqne Rex neceffe hid? iter it
perfoiialiter ire , uel mittere propter mgotia Regni, and from the
time that they came to the place of Rendezvous to ftay in the Ser-
vice forty Azys^fiimptibm propriis; and being there prefented that
they made default at the Welch war, they plead they had no Sum-
mons.
So, my Lords, hi the ^tOokso^Serjances of £. i. Tyme'm Kjnt,
the 'Yowno^ Kjllingborn is to find one Ship ; and in the County of
Berks, Fnlk Catidry holds the Mannor of Padworth per Serjantiam in-
veniendi fervientem, to perform Sea-fervice, Brai p. oBavo E. ±.
Rot. 40. IVilL Dyer in the County of Sujfex to find a certain pro-
portion of Cordage.
Iter Qantix 21 E. i. Rot. 46. Solomon de Campis holds per Serjan-
tiam temndi Caput Dom. Regis when he is at Sea, _five necejfe fuerit^
and fb Rot. 30. another in the fame Iter Roll.
The five Ports and their Members are to find fifty feven Ships,
and in every Ship twenty men, and a Mafter, Armatos & bene ariatos;
from the time they come to the Randezvouz, they are to continue
in the Service 1 5 days at their own Charge, and afterwards as long
as the King plealeth ; but after the i 5 days the King is to pay the
Mafter and Conftable 6 d. z. day, and the refi: -^ d. 2i day for their
Wages : This Service appears by the Records of the Quier of Dover
before-mentioned, and the Patent-Roll of 7 H. 7. pars.
Both which Records imply, that this Service of theirs cannot be
exafted otherwife than for the defence of the Sea ; for it cannot
be demanded above once in a year, nor then neither, nifi neceffe
fuerit. Parliament'' Pet* i E. j. Rot. 4. The Barons of the Ports in
confideration of their Sea-fervice, pray a confirmation of their li-
berties pro Salvatione diB. Navigii <dr Regni ; commonly when the
Land-fervice was fummoned, thefe likewife were fummoned to the
fame Service at Sea, as appears in the clofe Rolls, 28 E.i.M.i^.
^i E. I. and 54 £. i. Af. 1 5, 16. in all which years the Land-fervice
was fummoned for Scotland, and the Summons both for the one and
the other run in the fame words, commanding them to be at the
place cum toto Servitio vejlro quod nobis debet is y which fliews it to be
a Service by Tenure.
That thefe Services of theirs are for the defence of the Realm;and
likewife that there are many of like nature befides thefe, which by a
Xuperficial reading of two or three Ittr Rolls I have cited, appears by
the Parliament Roll of 13 E. i. pars i. Numero 11. where is decla-
red in thefe \\'ords, That the five Ports, and other great Towns
and Havens, are infranchifed pur e (Ire gar d& mure inter noils (^ a-
liens ; if it fall out that they fliall endeavour noflre terr* tnter^ &
afiay terr\ (jr funt tenif^ a ceo fairc. My Lords, a fuller Declara-
tion than this there cannot be, That both the I^orts, andmanyof
the
I 5 Caroli.
_494
Hifiorkal ColleBjons.
""I
the Havens and Sea-Towns are bound to the Service of Shipping
for the extraordinary defence of the Realm, as well as the ordi-
nary.
I have now done with the Services in kind; and becaule thefe
which immediately tend to Aftion alone were not fiifficient to de-
fend the Realm, and this in the frame and firft conftitution of the
Common- wealth being forefeen, and that the Land , or fundus
ReinU the moft vifible and conftant fiipplier of our wants, was
bell: able to fiipply this likewife; therefore befides them there
were divers other Tenures created for that purpofe. Thofe which
next I am to fpeak of are fiich as fupply His Majefty with Money
for that purpofe.
In the Black Book in the Chequer, lib. i . Cap. 7. it's faid, that in
Prhnitivo Regni fiatu ad jliper-dia dr donativa Milittimy & alia, m-
cejfaria ex Cafiellis^ and other Lands, in quibm Agriculttira non ex-
cerctbatur pecunia numtrata fncceffebat ; it might from hence be co-
lorably inferred, that in refpeft, ex provifone Legis upon the Kings
pafllngof Lands, a Tenure for Knights-Service for the defence of
the K.ealm was to be referved, that in Cafe upon Eich Grants
Rents only without any fach Tenure were referved, that yet this
Money fliould be imployed for Souldiers Wages, or other necelTary
Affairs of the Common-Wealth, ad Stiptndia Militumy & alia nt-
cejf.ir/a : But not to prefs this further ;
It*s plain, that all Men within the K^ingdom were not equally in-
heritable, either to the Freedom of Body, or propriety of Lands
or Goods, but that there were three degrees and ranks each differ-
ing from other in all thefe; firft, Villanies ; 2. Free-holders, either
by Ivnight-Service or Free Soccage; 3. Tenants of Antient De-
niefiie, and that held by Burgage within Cities and Eurrough-
Towns.
Firft, for the Villain, we know that as to his Lord he Iiad Free-
dom in neither ; in refpeft of his Body he could not /re quo 'volnit,
but the Lord at his will might imprifbn hjm ; in refpeft of liis
Lands and his Goods, he might tax him dt haught & de ba/?e.
2. The Free-holders, the greateft part of the Realm always had
an abfblute Freedom in both.
5 . The third, and that is the Tenants in Ancient Demefiie, and
Burgers, they had an abfblute Freedom in their Perfbns, but quali-
fied in the other of propriety, not taxable at will, or as Villains,
but for the defence, and other necelTary affairs of the Realm they
might be taxed without confent in Parliament.
My Lords, that thefe had a divided eftate from other free Te-
nants, is clear : and firft for Tenants in Ancient Demefiie, if it be
queftioned whether fuchLand be Ancient Demefhe yea or not, the
iffue is in thefe words, whether it be Ancient Demefhe or Frank-
Fee : By this it appeareth they have not a frank and free Eftate as
the others have, as all ous Books agree ; they have no Vote in Par-
liament,for they have no Voice in eleftion of Knights, nor pay to the
expences of the Knights that fervein Parliamerit,nor SubHdes granted
in Parliament. A-". B. 79. and 1 4. it is often difputed in our Books,whe-
ther Afts of Parliament extend to them, unlefs they be fpecially na-
med;neither can they fue atCommonLaw for any thing that concerns
the Free-hold,but only by a Writ of Right clofe within tJiemfelves ;
and
Hiftorical ColleBions.
495
and therefore Bra^on , fol. 209. calls them VilUnos fnvUtgi-
atos.
The fame it Is of BurgefTes "within Cities and Burroughs, and
therefore the Statute of Mtrton makes it a diiparagement for tlie
Lord to Marry his Warde J^ilUnu, & dm ficut BurgeN(ibu-s. N. B. 7.
and other Books no Aflifes will lie for fuch Lands, but they are ini-
pleadable without Original Writ by a Bill of freih force; and as a
Chattel they may devilc their Land, by the Statute 1 E. 2. de Mi-
litibtts for fucli Land ; and for Ancient Demefne no Man is compel-
lable to take the Order of Knighthood. Much more might be
brought in proof of this which I omit.
My Lords, all our Books agree, that the Tenants in Ancient De-
mefne were to Plow and Manure the Kings Lands, being His De-
mefiies ; in a Manufcript that I have feen the Author faith. That
he hath an ancient Manufcript which faitli, that the Corn, and o-
ther ViGuals arifing hereby, was to il:orc the Kings Garifons, and
Caffles ; and confidering the number of thofe Manners, there be-
ing above a Thoufand of them in the Kings Hand at the Conqueft,
it appears by Domefday, and that thofe Mannors for the moft part
are great, and that the greateft part of the Soccage Tenures till
H. 2's time, as appears by the BUck Book hb. i. CVr/*. 29. were to
find Viftuals of all forts in kind for the Provifion of the Kings
Houfo, and were in his time turned into Rents.
Although this may feem probable, yet becaufe I have riot feen
the Manufcript, Tie infiff no more upon it.
That for which thefe and the Tenures of Burgage in the Kings
Cities and Burroughs, were mentioned in the railing of Money for
the necelTary Affairs of the State, that thefe were anciently tallia-
ble without their confent in Parliament, is fo plain and frequent
in the Chequer Rolls, the Parliament Rolls, and the Patent Rolls,
as that I intend to cite nothing in proof thereof; It will be admit-
ted by them that are to argue of the other fide : That which I
fliall endeavour to prove is, that thefe were not talliable at the
Kings Will and Pleafure, but only for the defence, and other ne-
cefTities of State. A^. B. fo. 1 5. 49 E. 7,. 22. they be not talliable de
hant dr bajfe, as Villains arc; and therefore BraBon fo. 209. calls
them Villanos Privilegiatos lib. Parliament, fo. 112. tali are dr rationa-
bile anxilium dare pro neceffitate. N. B. 14 E. They are taxable pro
grand Cafe, Rot. Parliament. 6 E. '^. Commiflions to tax Cities and
Burroughs, and Ancient Demefiies upon Petitions of the Commons
revoked, and Writs in due form to be fet, and for the time to come
the King fhall not affeft tallage forfq; in fiich manner come a d''eflre
fait en temps de fes Jnceflors., (ir come il devera per reafon : The OC-
cafion not requiring it, I fhall fay nothing of it when thefe Tallia-
ges are difufed.
My Lords, I have now done with the Tenures, the firft way
whereby the Law hath provided for the fafety of the Realm, which
of themfelves not enabling the King entrufted therewith all fuffi-
ciently to do it ; the Law therefore, befides the Honours, Man-
nors, Caftles, and other conflant Revenues of the Crown, for the
fupportation of the ordinary Charges thereof, hath appointed unto
it divers Prerogatives for the extraordinaij, and for this of the de-
fence of the Realm, as one of the chiefeft of them : thefe Prero-
S f r eatives
— - - - - .. - fj
I J Caroli.
^
496
Hijlorical ColleBiom*
jK.16^7.
Stat. 14 E. 5.
Cap. I.
Parliament
Roll 6 R. 2.
Numsro42.
The third
way that the
Law hath pro-
vided for de-
fence, is fup-
plies of Mo-
ney.
Nota.
Bra{l. lib- 5.
Cap. 1 3. fo.
129.
gatives they have an influence into the Eftates of alt the Subjefts
in the Realm, and are lb many, that to gain time I will omit to
mention any of them ; that which I fhall infift upon, will be to
pio\'e, that the things coming to the Crown by this Prerogative
way, are to be imployed for the defence, and other publick Affairs
of the Realm. In His Majefty there is a double Capacity, Natural
and Politick ; all His Prerogatives are Jure Coro».e, and of all fiicli
things He is feifed Jure Corons ; and therefore, as in other Corpo-
rations, fiich things are p.ttrimonia dr bona pnhlica, to be imployed
for the common good ; fb likewife by the fame reafbn here, the
reafbn why the King hath Treafure-trove, and Gold and Silver-
Mines in the Earth, in the Cafe of Mines is declared to be, becaufe
the King is hereby to defend the Kingdom ; and in Inftitutes in the
Title of Soccage, fo. 28. 131. the realbn of many of the reft,
cjuia Thefkitrn-s Rc^/s ef} faniamentum btUi , cf firmament urn pacU.
This I conceive to be the reafbn, that by the Stat, of 1 4 £. 5. Cnf. i .
Efchcats, Wardfhips, Cuf^oms, and Profits arifing of the Realm of
En-rla)7d, fhould be declared to be {pent for the lafe-guard of the
Realm, more than the Profits of the Kings Mannors and Lands,
and of the difference made in the Co' in M. ^. R.2. London., between
ReciM pr.eventiones Rfgm., which, by the advice of the Lords of
the Council, were to be fpent in the Houfhold, and the other Pro-
fits of the Crown to be fpent c/rca folutionem & defenfwnem Re^ni.,
in the Parliament Roll of 6 R. i.N. 42. The Commons Petition,
That the King will live of His Revenues, and that Wards, Marria-
ges , Releafes , Efcheats , Forfeitures , and other Profits of the
Crown, may be kept to be fpent upon the Wars for defence of the
Kintrdom ; which fiieweth, that there was always a difference
made between the Profits arillng of the Kings Mannors and Lands,
and that which rofe by the Prerogative in cafual and accidental ways.
My Lords, I have now done with thefe.
The third way whereby the Law hath provided for the defence of
the Kingdom, is particular fupplies of Money for the defence of
the Sea alone in times of danger, both ordinary and extraordinary ;
for befides the Supplies of Money before-mentioned, which are to be
imployed for the good and defence of the Realm in general, as in
the other Cafes \\-here the Law putteth the King to any particular
Charge for the protection of the Subjeft, it always enables Him
thereto, yields Him particular fupplies of Money for the mainte-
nance of the Charge ; lb here, the Courts of Juffice for the prefer-
vation of us in our Rights are fupported at His Charge, and that is
the reafon why He hath all Fines and Amerciaments, the Goods of
Out-lawed Men in Perfbnal Actions, BraB.lib. ^.Cap. f^, fo. 129.
and Fines for purchafing of Original Writs, & pro licentix concor-
dmdi, which in fuppofition of Law are paid , for not proceeding,
and for troubling without caufe, the Kings Juftices who are main-
tained in their Places at the Kings Charge : thefe they are the vecti-
g.iP Jiiditiarium.
The defence of the Realm extends it felf to many Particulars.
I. Of the Church and of Religion ; and therefore in the Sum-
m.ons of Parliament the caule of the Calling of the Parliament is
always declared to be pro deftnfone Ecclefu Anglix in particular, as
well as totiU'S Regni.
^ His
Htftorical ColleUiom.
^97
are
His Majefty therefore hath the Temporahties of all Rifliopricks,
fede -v.icmte^ a Prerogative, and that which Patrons have nut, with
an Addition of the l^irft Fruits and Tenths of them, and all o-
ther Ecdefiaftical Promotions and Benefices in //. the 8 /^//s time,
and likewife the Tyths of ail Lands which lie not within any
Parifli.
2. For defence of Land alone, befides thefe Military Services be-
fore-mentioned, the Profits of Wards and Marriages, which, as I
have read, no other Chriftian Prince hath as a Fruit of them
received for that purpofe.
So it is for the Sea in Rot. Scoc. xo E. j. m. i6. It is laid that the
King and His Anceftors Domini Maris Anglicmi & defenfons contra.
Hofii;i?n in-vajwnes ante h.ec tempora ext iter tint ; for the fupportino- of
this Charge therefore, they have not only had the Grand Cuftom
of the Mark and Demy-Mark upon the Wooll, Wool-fells, and
Leather, and the Prifage, that is, one Tunn of Wine before the
Maft, and one behind ot every tenth Tunn, which were even due
by the Common Law, as appears by the Book of my Lord Dytr^
I EL 165. and Sir "[John Da'vis's Reports fo. 8, & 9. and implied by
Magna Chart a Ca. ^o. that Merchants may Trade jper reftis cr anti-
cfsuis Confintudi/Ks ) but likewife divers other things were after-
wards granted by Aft of Parliament in addition to them.
As firfl, the Petty Cuftom began 31 £. i and made perpetual by
the Statute 27 E. ^. Cap. 26. and likewife divers Aids and Subfidies,
which are an encreafe of Cufloms upon the Staple Commodities of
WooUs , Wool-fells , and Leather , and Tunnage , and encreafe
upon Wines, and Poundage, and encreafe upon all other things
imported or exported, either byDenizens or Aliens : That which
in this kind was taken by His Majefly 11/// of His Reign, when
this Writ went out, was 300000 Pounds and upwards.
The Aids and Subfidies, and likewife the Tunnage and Poundage
anciently granted upon particular occafions only, and afterwards to
the late King and Queens for their Lives by Afl: of Parliament; and
and being now granted to His Majefly ; and likewife the new Impo-
fition, which altogether make up the afore-mentioned Sum of
joocco /. of the Legality hereof I intend not to fj^eak ; for in cafe
HisMajefty may impofe upon Merchandife what Himfelf pleafeth,
there will be the lefs caufe to Tax the In-land Counties ; and in
cafe he cannot fb do, it will be flrongly prefumed, that He can
much lefs Tax them. The proving of thefe Two things herein
will ferve my turn.
I . That His Majefty defaBo takes them,and that this judicially ap-
peared to your Lordfhips and the Court.
And 2. That thefe and the Ancient Cufloms are for the defence
of the Sea.
For the firft, it was declared by His Majefliy in the laft Parliament,
and annext to the Petition of Right, as part of it, that His Majefly
took them, and could not be without them ; whereof He like-
wife defired the Judges to take notice, and that they might ib do,
it is Enrolled both in this, and other the Courts of Wefiminfler-
Hall.
For the fecond, that the grant of Cuftom is principally for the
protedion of Mercliants at Sea againfl the Enemies of the Realm,
S f f 2 and
I J Carcli.
Ro. Scoc. lo
£. 3. m. 1 6.
Petty Cu-
flome 5 1 E.
Stat. 27 £. 9
Cjp. 36.
498
Hiflorical Colle&ionf.
S\( John Di-
'>. iis'i Re-
porrs jo. 9.
7 J:iC. BxliiS
his Cafe in che
Sci.
Rot. Par. I. K.
2. pars 2. N. 9.
27.
Co* it M. ^ R.
2. London.
Par/. 3 A. 2.
N.l6, 17.
Par. 5 R.
Pdr. 6 R. 3.
w: 13-
II H.4.
and Pirates, the common Enemies of all Nations, is Sir Johfi Da-
t'Vj'j Reports fh. 9, 12. And that tliefe, and likewife the Impofi-
tions are for that piirpofe, was held by many of the Judges in the
Argument of B.i/les his Cafe 7 Jac. in the Clnqti-r., in the Cale of
Impofitions upon Currands; and likewife by the Kings Council,
when the lame Caie afterwards came to be debated in Parliament,
and was one of the main Reafbns urged by them for the mainte-
nance of that Judgment. That the Aids and Subfidies, and like-
wife the Tunnage and Poundage, before they were granted for
Life, were not only for the Proteaion of Merchants,and the ordinary
defence of the Sea, but alfb for the defence thereof in times of ex-
traordinary dangers, and of Invafion from Enemies, appears by the
federal grants of them in the Parliament Rolls.
Rot. Pitrliar.jtf7t. i R. 2. fars 2. A^. 9, & 27. the Kingdom being
in point to be loft by the Enemies of ^pain and France., and divers
others there mentioned, M'ho made War both at Land and Sea ; a
Subfidy upon the Grand Cuftoms was granted, as the words are,
pitr k d-jferifi & R(fcom dd'' I^mgdom ; this was for two years, and
perfons afligned to receive and expend the Money.
■ Co'ia M.'cP ^ R. 2. London. JVi//iamJVa//i'ort/j and John Ph/Ipott
Citizens of London, the Treafures of it upon their Accompt fliew
the particulars how this Money was expended area /ahationem &
dtfcnfionem Rtgai^ and difcharged.
Rot, Pari. -^ R. 2.AL i6,ij. the lame Caufe as i R.2. continu-
ing, and that the Enemies intended to blot out the Name of the
EngUpj from under the Heaven ; the Subfidy continued for a year
longer.
ij R.2. pars 2. A^. 14, 1 5. Tunnage and Poundage granted ijfuit
que foit apply fur ftfeguard dtP mere, & nnl parte a il hors^ and the
King, at the Petitions of the Commons, appoints Receivers.
6 R.2 pars 2. AL 15. The Commons Complain, that notwith-
ftanding the Grant of Tunnage and Poundage, the Sea is not kept,
and therefore Perfons named and afligned in Parliament to receive
the Money, and to do it.
Rot. Pari. 10 R.2. N.I. Tunnage and Poundage, and Subfidy
for a year.
II R. 2. A^. 16. d" 12. Tunnage and Poundage, and Subfidy for
a year.
i^ R. 2. A'. 20. both for a year.
14 R.2. A\ 16. both for three years.
ij R.o. AL12. both for three years.
20 R.2.N.1S. Subfidy for five years, and Tunnage and Poundage
for three years.
2 //. 4. A". 9. both for two years.
6 H. 4. A^. 9, 10. both for two years, upon condition to ceafe, if
the King before St. Hillary provide not a fufficient Army for the
Sea.
8 H. 4. A^. 9. and 9 H. 4. A^. 26. both as 6 //. 4. 11 H. 4. both
for two years, for the common Commodity and defence of the
Realm : i ^ //. 4. A', i o, (^ 1 1 . for one year, lb as the fame be con-
feffed to proceed of their own good will, and not out of duty.
5 //. 5. A^. 17. for four years, as 15, &c. and upon many Con-
ditions.
I I H.
Hiflorkal ColleEliom.
A99
1 H.6. yV. 9. For two years.
^ H.6.N. I J' Subfidy for three years, Tunnage and Poundage
for one yean.
4 H.6. 22.
6 H.6. N.xi, For two years Tunnage and Poundage, viz,. 6 s.
8 d. upon every Man within a Parifh Church, that hath twenty
Nobles, and 6 s.^d. upon every Knights Fee held immediately of
the King.
5 H. 6. 1 5. Tunnage and Poundage to continue until the next
Parliament.
() H. 6. 14. both, and for two years.
10 H. 6. 21.
4 //. 6. 1 4. for two years.
2^ H.6. 16. for four years, and double upon Aliens.
27 H. 6. 10. as 23 for five years.
^i H.6. N. 8. and 42. Tunnage and Poundage firfir granted for
life, and A^. 41 . afTigned into the Subjeds hands three years for the
good of the Seas.
3 H. 4. N,2<).
My Lords, either by the Grant it felf of them, or by the Decla-
ration of the Calling of the Parliament, it appears that thofe were
all granted upon extraordinary occafions ; and when they came to
be granted for life, as appears by the Rolls, and likewife by the
Printed Statutes of 13 Ed. 4. Caf/. 3. 15. and they were not only
granted for the ordinary defence of the Realm, and principally of
the Sea ; but likewife that the Kings might always have in readi-
nefs a Stock of Money in their Hands to withfland an Invafion, as
is declared by the very words of thole Statutes.
My Lords, His Majeffy is in poffelTion of them, and was pleafed
by His Proclamation Printed 1626. declaring the caufe of the diflb-
lution of the laft Parliament, as appears by Pa^. ly. to declare
that they were always granted to His Progenitors for the guarding
of the Seas, and the lafety and defence of the Realm ; and in the
iZt/j Page is gracioufly pleafed in thefe words to declare, That
He doth and muff ftill purfue thefe ends, and undergo that Charge
for which it was firft granted to the Crown ; and Page 44. that he
receives it for the guarding of the Seas , and defence of the
Realm.
My Lords, I have now done with the ways which I firft pro-
pounded, whereby the Law hath provided for the defence of the
Realm; I fliall add this only, that by the Statute oUVmchefier, which
was made in the i -^th year of £. i. every Man femndutn fiatttm &
facilitates ; for the words of the Statute are, according to the quan-
tity of his Lands and Goods is to find Horfe and Armour for the de-
fence of the Realm : For that that Statute in this particular ex-
tends not only to the keping of the Sea, but likewife to the de-
fence againft Forreigners, is declared in the Parliament Roll of
3 R. 2. N. 36. and by the Stat, of 5 H. 4. in the Parliament Roll
A^. 24. not printed, j«je/4 quant it atem terrarum (^ honor um againft
invafions, each Man is to find Armour, and by tlie Statute i E.i.
Cap. 5.
Thefe
1 3 Carol!'
Stat. 12 E. 4.
Cap. 5.
1 £. 6.C/Jp.i3.
I. Mar. Ca.19,
I El. Cap. 1 9.
ijM.Cap.^i.
Proclamation
1626. Pag.
i'],& i9.
Stat, de Win-
chijler 1 3 E. I •
500
Hifiorical ColleElions.
96. Stic. <, H-
i^. Pari. Roll
A'. 24.
4, d?" 5 P- <^^
■AUr. dp- 2.
r I JiC. 24.
U;z. 16^7. 1 Thefe Men, upon fudden coming of ftrange Enemies into the
^ Realm, may be compelled ro march out of their Counties where
they live ; whether they may be compelled lb to do without Wa-
ges, I lliall have occafion afterwards to Ipeak, how far the Statutes
of VVinchcfier, and 5 //.4, for Arms, upon the Statute of 4,0-5.
P. (T M. Cap. 2. and i Jac. Cap. 25. are in force, I fhail not fpeak.
Firft, my Lords, I Ihall now proceed to the dating of the Queftion.
Bracton., in the beginning of his Book fays, That in Rii^e necef
Jiiria funt lut duo Anna, fciltctt., & ^^S^^j ^'t'^^f^ utrumq\ tempm Bellor^
& Pacii rt[ie foifit gnkrmri \ and Glanvil in the beginning of his
Book, Rcrriam Majeftatem Armis contra Gentes fihi Regnoq; infur-
aentes oportet ejfe decoratiim \ His Majefty, as He is Lord of Sea and
Land, fo by that which hath been laid it appears, that He is arm-
ed \^'ith Po\\-er for the defence of both. My Lords, tlie realbns in
the Writ, as they are weighty, 16 from thefe known liippJies,
wfiereby rlie Law hath provided for the fafety of the Realm, they
will all of them be confefTed, and yet thereby receive anlwer ; and'
that the Law hath fore-feen, and provided the fupplies according-
ly, without the way in the Writ. i. The command in the Writ
being in /fie cr hgiantiaojuihui nobis lincmini., it's thence inferred,
that each SubjeOrs Allegiance binds him to contribute to the de-
fence of the Realm. In the old Cuftomes of Normandy Cap. 4^.
Alleo-iance binds ax Confil/j & Juxilij Ad'ytr amentum ; this, although'
it be principally performed by the Parliamentary, both Advices, and
Aids, yet befides thefe extraordinary , by that which hath beeir-
laid, we fee both by thcTenures in kind, and pecuniary Supplies,
that without the afliftance thereof our Perfons, Lands, and Goods,
by His Majefties command alone, are made contributory thereunta,
and that in a large proportion. 2. If the Rule whereby this Con-
tribution muft be regulated be, as in the Writ, S^cnndtim Statum dr
fac'tltatts , that likewife is fatisfied, and that both for Sea and
Land.
I. For Land, in cafe either the Statutes of Wincheft-er^ or 5H. 4.
be a foot, then in words in that of finding Arms juxta qiiantitatcra
terrariim & honorum : So fecondly in refpeft of the Tenures by
Knights-Service In the Wars, Marriages, and Reliefs, thofe I con-
fefs concern the Tenant only; but thole otliers are Tenures in C^-
p'te and Grand Serjeanty, thefe concern all others in refpe£t of the
Licenies of Alienation, and of the Wardfhips of Land's held of
other Lords, and that all the Tenants Land is hereby become war-
diible ; and thirdly, in refpefl of the Prerogative before-mentio-
ned ; for the greater the Subiefts Eftate is, the greater inRuence
they have into it, and proportionably raife more profit out of it.
In refpeft of the Sea, this is fo by reafbn of the Cuftomes,
Aids, Subfidies, Tunnage, and Poundage, before-mentioned; for
the Charge of thefe is not born by the Merchants alone, but by
each Subjeft within the Kingdom, and that Stcundum Statum &
facnltates.
For firft in refpeft of the Exporte, the greater the Efta: c, the
more Wooll and Wool-felis, and Leather, Lead, and other naple
Commodities it exports ; if that be done by the owner, he bears
the immediate Charge, if by the Merchant, according to that pro-
portioji is his abatement in Price unto the owner. So it is for
Goods,
Hiflorical Collecfions,
501
Goods imported, for the greater the Eftatt and means of Liveli-
hood, the more each Per fen buys of thofe, and at a dearer rate.
This is cleared by the Petition of the Commons in the ParUament
Roll, 22 £. 5. A'. 41. that the Merchants had granted to the King
40 s. upon a Sack of Wooll en Charge du people, & nemy des Mar-
chants ; and by the Statute of 36 E. 3. Cap. 1 1 . that no Subfidy or
Charge be granted to the King by the Merchants upon Wooll, with-
out Alfent in Parliament.
I. Hence likewife that other ground of Equity in the Writ,
Q^od omnes tangit per omnes d^kt fupportart, receives anfwer ; tor
as all have benefit by the defence, fb trie Compenfatto pnblica, we lee
it come from all : the fuller Anfwer, is the Parliament Summons of
2 3 £. I . provifion againft the French, who intended Imguarn AngU-
canam ommno debire, Clo. 2^ £.1. M. 14. Dor. Lex jujtiffimapravida
circnmfptciio facroritm principnm ftabilita fiafuif., S' <^'tod omnes tangit
ah onm'bm approbatur^ The Charge, as it muft be born by all, fb
muft it be approved by all.
4. If His Majefty be entrufted with the defence of the Realm,
as in the great Cafe between the Earls of Hereford and Cthucefter .-
It's laid, that incumbit Domino Regi fahatio Popu/i fibi Comsjf. and
that per "J nr amentum e(t aflr'icfus ad providcndum falvationem Keqni
circumquacj:, becaufe no Man goeth to Warat his own Charge; we fee
by that which is already faid, that the Law hath provided the Sti-
pendia Miniflcrij : with that they do not bind His Majefty to the de-
fence and fafety of the Kingdom only in point of care and vigilan-
cy, but even in point of Charge too, I fhall endeavour to prove to
vour Lordlliips and the Court. Allegiance, we know, is an A^l of
Reciprocation, for as it binds the Subjedsto Tribute and Subjedi-
on, fb therefore muff it the King to the Charge of Protection, by
the expence of thofe ; Rex ad TuteUm L''gis, corpornm cr bnnornm.,
erecins : the fupplies He hath for tliatpurpofe ties Him to the fiip-
portation of the Laws, the execution of Juftice, 20 E. i. In the
Cafe before-mentioned, between the Earls of ijlo/tcefier and Here-
ford., it is faid. That Domimis Rex eft ommbtii & fingulis dje Re^no fuo
Ji'fiiti.e debitor ;\\\\\ch. that he is fo even in point of Charge appears
by His Majefties fupportation of the Courts of Jufirice, and the Sa-
laries, not only to your Lordfliips, and other the Inferior Minifrers
of Juftice, and anciently to the Sheriffs, but likewife many other
ways, 4//. 7. Cap. 12. The King fhall not let for any favour of
Charge, but that He fhall fee His Laws fully executed, Pa. 23
£. I . Rr)t. 12. Excheq'i^r. A Clark that attended a Commiffion of
grievances, recovered Salary from the King, although the Com-
miffion was for the Relief of that Country.
This I conceive to be the Reafbn of the Declaration in tJie Sta-
tute of 14 E. 5;. Cfj*. I. and other Statutes, that Aids, though gran-
ted in Parliament for defence, fliall not be brought into example,
that it might not be conceived that the Commons w'ere to bear that
Charge which principally belonged unto the King, Pat, 48 H.
^. M. 8. it recited, That whereas a late Parliament in Articulo m-
cefjitatis pro de fen ft one Regni contra Hoflilem Advent am AlieniQ^inarimi\
the Commons granted him a large Subfidy, ultra qnam retroactis
temporibus facere confueverimt. Now the Iving eorum indempnitatc
profpicere volens, grants, that non ccdat in prejudicittm, nee in pofttrnm
non
Caroli.
Pjr. Roll 22
£• J. A'. 22.
Stat. ^6 E. g,
Cj/'. 1 1 .
P.!r
Sommons
E. I.
Clo. 2J H. I.
M. 4. Doyf-
Hill. 20 £. I.
B. R.Ro. 14.
Forttfciie Cap.
502
Jfl. 1657.
2. Report fo.
1 5. IVifemu/is
J Cafe.
Htflortcal ColleBions.
nontrahatur inConfuttudincm^ in Wtfemans Calc. In 2 Report fo. 15^,
it is refblved, that a Covenant to ftand feifed to the ufe of Queen
Eliz. in conlideration that She is the Head of the Common Wealth,
and hath the care of repeUing Forreign Hoftility, is not good, be-
caufe, faith the Book, the King is bound to do that ex Officic^
Caui. 3:15. One Reafbn why the King is to have Royal Mines,
alleadged by all that argue for the King, is, becaufe He is at His own
Charge to provide for the defence of the Realm, which he cannot do
without Money. Inthe Earl of Devon/hires Cafe, Co. 1 1. 91. 6. /;?/?.
fo. 28. cv- 151. 'Tbefaurn-s Regis is called Nervm Belli. For the pra-
£l:i{e,the proof of the particular Charges the feveral Kings have been
at for the defence of all Ibrts, would be fb tedious, that Fie omit
the citing of any thing in this kind : Sir John Da'vies^s Reports fo.
12. many Authorities ; and in the Treatife de Regakbiu, p. %i.Prin-
cipes tot.ifn Ndvi^iutionetn pro vecligalibus pr^/lare coguntur.
But becaule His Majefty, in the before-mentioned Proclamation,
P/??. 1 8. c^ 44. is pleafcd gracioufly to profefs, That He liolds Him-
felf obliged to undergo the Charge of the defence of the Realm,
and of the Sea in particular, I Ihall fpare any further Proof in
this.
5. If that in the Writ, That the Sea per gent em Anglic m.nn ah
oiim defend: confezit, be not anfvvered by the Scotch Roll of 10 £. 5.
before cited, which fays. That the King and His Anceftors, Mans
Ano^licani defenfores antehac extiterimt., nor by what is now £id', if
it be admitted ; yet that even the Charge of this defence is bomber
g entem Angl'cmam is before proved.
The Sixth, and one of the main things whereupon Ifliall ffate
my Queftion, is this ; His Majefty is in the aftual Poffeilion, not only
of the Services in kind for the defence of the Land, by taking of
the benefit of the Ward fhips, Marriages, Reliefs, Fines, and Licen-
ces for Alienation and primer Seifin, and of the Prerogatives before-
mentioned, but hke\\'ife of the Service of the five Ports, unlefs.
they be releafed fince 7 H. 7. for then their Service was liimmoned.
And of tiie Tunnage and Poundage, and other Duties for tlie de-
fence of the Sea,
It appears not by any part of the Writ, nor by any thing in the
Record, that either the Service of the Cinque-Ports was fummon-
ed, or that any Money at all of His Majefties was expended either
for this Service, or at any other time for the defence of the
Sea.
My Lords, I defirc to be underftood, I do not affirm that none
was expended ; only this appears not to your Lordfhip and the
Court.
All that can be inferred from the Writ, as to this purpofe, is.
That the Ship for Buckinghamjhireis commanded to be at Portfr.orAh
by fuch a ^z^j ,ad profcifcendum exinde cum Navthus Dorn Regis & Na-
■vibt'fs aliorm.ifdeltinn f/i.bditor:im fuorinn ; by this it appears not to the
Court, that though the Ships are the Kings, that they are to be
let forth at the Kings Charge^ for the Charge may be born by the
Subjeft for ought appears.
Neither, lecondly, doth it appear how many ihele Ships were,
V hereby the Charge,in cafe it were born by the King, might in any
1 j;>roportion appear to be anfvverable to the Supply before-mentioned,
f Thcfe
/
Hid oric.U Colldhons.
Y^
^
Th.cfe other .Sllips d!yr:iyn ^Minm fibdltoruin Do,wf?i Rtois^ as ( i^ Ctrolt-
in truth they \\erc not thofe of the Cinque-Ports , fb neither can '
they be fb intended, unlcfs it l.ad been fb cxprcffed.
The Services of the live Ports, and Tunnage and Poundacre, and
other Duties, are the ordinary, the fctled and known ways, by
Law appointed for the defence of tlie Seas : The way in the Writ
by Seeing and altering the property of the Subjefls Goods with,
out tlieir confent, as in the Writ, mufl: needs be granted to be a way
more unufual and extraordinary; againfirthe Legahty of it, I fhall
therefore thus frame the Argument by M-ay of admiflion. 1 irfl
That in cafe the Services of tlie Ports had been fummoned, and the'
Money coming by the before -m.cntioned ways had been expended
upon thx defence, and they had not been fufficient ; that tliou^rh
in this Cafe the Writ had been legal, that \et as now it is not.
Reylies Cafe in the ^oth Report fo. 139. and Tr/";/. 18 £. 2. B. R.
Ro. 174. adjudged ; Tliat fb long as he that is bound by Tenure or
Prefcription is able to do it, the ^vhoIe Level cannot be SelTcd to the
Reparation of a Wall or Bank.
It's a Maxime, Lex non facit ftltum, nor tliat v/e are to run to
(extraordinary, where the ordinary means will ferve the turn. Thefe
Rules are often put in our Books, I intend to inflance but in one or
two Cafes,
The Common Law is the common reliever of Perfbns wronged
that in Chancery is extraordinary, and therefore no jMan can Sue
there when he hath remedy at the Common Law : Tlie ordinary
Tryal for Life is by Indictment, and a Jury, when therefore this
may be done, and that the Sheriff with the poffe Comitxtus is able
to keep the Peace, it cannot be done by Martial Law, nor by fudg-
ment of the King and Peers in Parliament witliout Indi^mcnt
as was adjudged in the Cafe of the Earl of MMch, Trin. 28 £. ■>'.
B. R. Ro. 21.
My Lords, the reafbn of this Maxime of Law, as I conceive, is
this ; Aftions extraordinary, as extra ordinem^ and done only in times
of neceOity, are not tyed to any Rules of Laws, and therefore not
to be brought into example; nor have any warrant, but only that
of neceflity, nor Rule to guide them, but what, po hie dr mm^
fhall ferve for the bringing of them about : The fame Power
then that may once do them, in omitting of tlie ordinary, may
by the fame Rule always do them ; and fo by confcquence how far
fuch Power is tyed at anytime, or in any thing to any Rules of
Law, I fliall humbly fubmit to your LordHiips confideration.
My Lords, I have now done with the ftating of the Queflion :
Thefe things whereupon I fliall fpend all the refl; of my time, are
thefe five.
1. Admitting that the ordinary means before-mentioned had
been all ufed, and that they had not been fufficient, whether iri
this Cafe His Majefty, without confent in Parliament, may, in this
Cafe of extraordinary defence, alter the property of the Subjcfts
Goods for the doing thereof.
2. In the next place I fhall endeavour to anf\vcr to fbme Obje-
ftions which may be made to the contrary.
3. In the third place, for qualifying of this I fliall admit, that in
fbme Cafes the property of the Subjects Goods, for the defence of
T 1 1 the
^^i^
504
Hiflorical Colle&iony.
An. 1637. ! the Realm, may be altered without confent in Parliament ; and I
Ihall Ihewwhat they be in particular, and compare them and the
prefent occafion together.
4. In the fourth place, becaufe of feme Prefidents of the mat-
ter of Fact, and likewife Legal Authorities that may ieem to prove
a Legality in this Particular of Shipping for the defence at Sea,
whatever it be in the general ; I fliall therefore endeavour an an(\ver
to fuch of them as I have met withal.
And fliall conclude in the laft place with the Authorities in
Point.
Trom the firft, That to the altering of the property of the Sub-
}e£f s Goods, though for the defence of the Realm, that a Parlia-
mentary affiftance is neceffary.
In this it mufl: be granted in the firft place, that the Law ties no
Man, and much lefs the King, to impoffibilities.
And fecondly, that the Kingdom mull be defended.
As therefore the Law hath put this great Truft upon His Ma-
jfl-y ; lb when the Supplies, which by the ways before-mention-
ed it hath put into his Hands, are Ipent, therein it hath provided
other ways for a new Supply, which is the firft thing that I fliall
prelent to your Lordfhips, and this i^the Aids and Sublidies in Par-
liament.
That amongfl: the ardtut Rigni negotin., for which Parliaments
are called, this of the Defence is not only one of them, but even
the chief, is cleared by this, that of all the reflr none is named par-
ticularly in the Summons, but only tliis; for all the Summons to Par-
liament fhew the caufe of the calling of them to be fro qmbufdam
arduis negotiis nos & defenfionem Regninoftri AnglU & Ecclefu Angli-
citn.e comer ncntihm. And in conclufion, the Party fummoned is com-
manded to be there (icat homrem >mftrnm, & falvationem, & defer/fw-
nem Regm & Ec cleft x diligit.
And' in all the ancient Summons of Parliament, when Aid was
demanded, the particular caufe of Defence, and againll what Enemy
in fpecial v^•as mentioned.
My Lords, to gain time. Tie inftance but in one or two of each
Kings Reign, CUuf.iT, E. 1. m. 4. Dorf. That the Frmch, ad ex-
pa^nationtm Regni noflri clam fe maximx & BelLitornm copiofa. malti-
ttidi^e Regnum jatn mvafit, & hinguam Anglic an Am omnino dtkre
proponit.
CU-f. ^ E. 2.M.3. Dor. and 7 £. 2. M 8. Dor. That the Scots
had entred, burnt, and deftroyed the Marches, and put them to a
Tribute. (
Clanf. I £. 5. pars 2. M 6. and 22 £. ■^. M. 32. DorJ. That the
Scotch zn<^ French had invaded the Realm.
Cbiif. 7 H. 4. M. 29. Dorf.^ That the Fremh were with a great
Fleet q'lafi in ore Fhamefix to invade the Kingdom, and the King to
go in Perfbn.
After this Kings Reign the form of the Summons was as now.
That thefe ardiia defenftonem Regni concernentia., are the Aids and
means of Defence, and not the way and manner of doing it, as
their Counfel therein, is clear.
In the Parliament Roll 6 R. 2. pars 2. A^. 9.
This
Hiflorical Colle&iom.
5^5
This of the manner and way of profecution of the War, being
given in charge to the Commons to advile upon ; they anfwer,
that this fiec doit ntc foloit /tpptrtatne al cux mcs al Roy.
Rot. Parliament. I J K. 3 . pars pri^na. N. 11. The fiimc being gi-
ven in Charge to the Commons, they pray qm- ib m- Jmt Charge a
Conned Dover al chojcs des quel ils itont pas Coni zincs ; and fo Rot.
Parliament. 21 E. ^.yV. 5. tliey excufe themfelves, andtliat this be-
longs to tlie King and His Council.
And that thele Ardiia circa defenfionem were the Aids, is exprefl:
in words in lome of the Summons, Clanf.-j E. 2. A/. 8. Dorf. The
of the ParUament to withftand the Scots., and that
ardiiis d:l>itif extendere mam/s adjutiices
opportiina auxilia fa-
caufe
tam
ciendo.
Cla/ifli. E. l.M.ii. Dorf. That Summons circa necej^ariam d(-
fvnfionefn Regni^ qnnm ad diciurn negotitim expediendnm anxilium nccej-
fario habere oportet.
Cla/if. 5 R2.M.2. Dorf. The King being to make a Voyage pro
difcfffionc Regni & gravafnin? inimicorum Rtgni^ which could not be
done without borrowing great Sums of Money, therefore the Par-
liament called to advile about the AlTurance.
So that. My Lords, it's clear that the Law hath provided this
Parliamentary way for the fijpplying of the Kings wants for the
extraordinary defence, and hath likevvife put the Po\\'er of ufing it
into His Majefties own Hands ; forHe may call Parliaments when,
and ^o often as He pleafe.
My Lords, the Parliament, as it is bed qualified, and fitted to:
make this Supply for fbme of each Rank, and that through all the
Parts of the Kingdom being there met, His Majefty having decla-
red the danger, they beli knowing the Ellates of all Men witliin
the Realm, are fitteil:,by comparing the danger and Mens Eliatcs to-
gether, to proportion the Aid accordingly.
And fecondly, as they are fitteft for the prefervation of that fun-
damental propriety which the SubjcQ: hath in his Lands and
Goods, becaufe each Subjefts Vote is included in whatfbever is
there done ; fb that it cannot be done otherwife , I Ihall en-
deavour to prove to your Lordfliips both by Realbn and Autho-
rity.
My firft Reafbn is this. That the Parliament by the Law is ap-
]5ointed as the ordinary means for fupply upon extraordinary occa-
fions, when the ordinary Supplies will not do it : If this in the
Writ therefore may, without relbrting to that, be ufed, the (Iinie
Argument will hold as before in refbrting to the extraordinary, by
of the ordinary , and the fame inconvenience
follow.
My (econd Reafbn is taken from the Anions of fornier Kings in
this of the defence.
' The Aids demanded by them, and granted in Parliament, even
for this purpofe of the defence, and that in times of imminent dan-
ger, are fb frequent, that I'le fpare the citing of any of them :
It's rare in a Subjeft, and more in a Prince, to ask and take that of
gift, which he may and ought to have of right, and that without fb
much as a Salvo, or Declaration of his Right.
1 1 Caroli-
Ttt 2
The
5o6
Hiflorical Colle&ioHs.
y/». 1637,
The fecond way was Loans and Benevolences demundcd by them,
wkh promife of re-payment both' for the ordinary and extraordinary
defence of the Realm, and that as well of all the Subjcds equally
by CommifTion, as of fbme few.
Pat. 48 H. ^. M. 16. A CommifiTion to the Earl^of Leicefler, and
Otlier, coritrabe/idi mtituumirf nomine nojlro de dtnxrijs dr 'vicfualibus^
and other things in mtmitiomm AUvium ponendis & naittarum fti-
pendiis contra ho (I i km advent um alienigenarum in Regnnm nojlrum,
ad defenfionem & tiiitiomm e]u[dem Regni, and promifeth re-pay-
ment.
J^ifns Comfit'' in rhe Clerk, 26' E. i. Rot. 100. The King bor-
rows of the Merchants 28966. /. pro dtfenjione Regni, and promifeth
re-payment.
H. 31 £.1. Rot. 4, drc and Tr/>. 31 £. r. Rot. 41. Divers Sums
borrowed pro dcfenfione^ and payment promifed.
Brai'^L Irrtt. H. ^^ E. i. R. S2. loooo /. paid by the King at one
time for Money borrowed ; tliis I confefs is only pro Ardtm Regm
negotii^^'
Bra.M.ii E. 2. Ro. 1. The .Jff^/j- having entred the Kingdom,
divtrfa homicidi.i^ incendia c^ dtpr.edationes perpttrantes : The King be-
ing in Perfbn to go againft them, writes to His Council to provide
Money, and they diverfas viai pro dtnarii^ providendis cxqmrentesy ■
reiblveth to borroM\
P. 12 E. 2. Coiaj for the fame caufe a Loan upon all Merchant-
flrangers.
Ro. Scot. X E. 3. Af. 3. The Scots having entred the Realm,
befieged divers Caftles , and threatned a Conqueft of England,
and' quia crefcit fiimpttmm mtiltitudo in tan turn quod "Lhefaur^ no-
fi-rnm ad ftijl'ent atione^n exercitta nofiri nequaquam [ujjuit^ he bor-
rows.
Claf. 14 £. 3. il/. 8. The King had borrowed 5555 l.profdvatione
dr de fen (tone Regni^ c^ 'vtdt prompt am joint ionem fieri pr out decet, and
now afligns it to be paid out of the Cuftoms.
Walfingham P. lyg. 44 £• 5. The King finijlro ufns confdio mag-
n-iis ftimmas />(■?//»/> of all lorts, ^nutuo pettjt,ajjerens quod in d'fenjio-
nem Ecckfi.e cr P>.egni illlts expendcret ; but the People would not
lend.
CUuf. 5 ^. 2. M 12. Dorf. The King, pro defenftone Regnij being"
to make a Voyage at Sea, defires to borrow Money, and a Parlia-
ment called to give afllirance.
7 H. 4. Rot. Franc. Money borrowed pro defenfone, volets promp-
tam & fecuram folutionem fieri.
Rot. Parliament.il H. 6. N. 15. lOOOOO l.honOV^'tA pro defen-
ftone^ and fpent, and the Parliament orders pro fecuritate.
Rot. Parliament. 1 1^^ H. 6. N. 3. loccoo /. borowed pro defenftone
by the King.
Stat. 11 H. 7. Cap. ro. It appears that a Benevolence had been
defired by H. 7. for the defence of the Realm, and wherein He
went in Peribn.
The known Commiffion to CardinalZ-f ^(5^y for the Benevolence
m March 16 H.S. It W'as to withftand infeftiffimos Hoftes of France
and Scotland., who intended to invade the Realm, and that the Kings
Coffers were now empty ; and therefore they have power Communi-
candi
Hifiorical ColleBiom,
507
c,tndl& ihdiiceKdij perfuadefid^ (j;- praciicand' cum jtibditis Rtgis Jiiptr
dmicabili pecumarum conceffione.
Secimda pars Pat. IJ- H. 8. Cum pro fufltntationc in^xntis oner is
mftromm optratimm quos in pr.ejenti tarn per m.ire q/tam ptr tirram con-
fictre, O" in promptii habere cogimur ad refifiendim/y &c. Propellendum
hofiem noftrum Francorum Regem, in defenfionem^ tutelam d^ Jeciirita-
tern dileclorum fubditornm nojtroriim^ quorum ille dampnum C" interitum
omnibus vijs dr modis molitur, fiatiii' O" f-v confenjuj dr (tntentra Con-
cil/j noftri dtcrevimits aliquam opem dt diet is fubditts nojiris petere, cr
eand^ cum eorum btnevoientia recipere^ pro ear urn CHJnllibft f'acultate mi-
ni fir an d^ nihil dub it antes 'quin (ponte d" liber alit^ 1'tifq'y p^" J'la parti-
tione (T facultate elargiturtis fity eoq', magts, d" citings ^ quod id tot urn
confumat^ d" ccdet in fuam ipforum defenjionem d^ tuitionem ; and tlie
power is given to levy it as a Benevolence only.
By the Statute of 5 5 H. 8. Cap, 1 2. it appears that for the defence
H. 0. had borrowed divers Sums of Money.
The third way was by anticipating their Rents.
TV:. 29 E. I. Ro. 58. in the Ejcc/'f^'^er Writs to all the Sheriffs of
England j pro confervatione Regni ejufq; incolarum falvatione d" tnimi-
corum depref/ione : That all the Profits arifing of their Counties, and
and the Rents of all the Kings Tenants due at Michaelmas be paid at
Midfummer^ and allowance promifed in the next half years Rent
and that this ad tarn ardua negotia neceffaria ali.is in co/ffnetudineni non
trahatur.
My Lords, that not one or two, but fb many Fungs, and of liich
Power and Wifdom, as in many of them v/ere, and that in a matter
of fiich conlequence, and in times of necellity fliould fb far dc-
fcend from their greatnefs,or fb far prejudice their Right, as to bor-
row that of the Subjeft, who without being beholding to them
they might take of right, and bind themfelves tore-payment , and
all without any Salvo of the Right, your Lordfliips will conceive
that it can hardly be imagined.
My third Reafbn is taken from the incertainty of the way inten-
ded in the Writ, for the Law delighting in certainty, to the end
that the Subjeft might be fure of fomewhat that he might call his
own, hath made all thofe things which the King challengeth as
peculiar to himfelf from the Subjeft , either certain in them-
ielves , or elfe reducible to a certainty, either by the Judges,
Jury, or Parliament, or by Ibme other way than by His Ma-
jefty Himfelf, as indifferent between the King and His People.
hi this I intend not (uch things as are common to the King with
the Subjed:, of which nature are the Aids for marrying the Kings
eldeft Daughter, or Knighting his eldefi: Son, for thefe are due to e-
very common Perfbn that is Lord, as well as to the King, as ap-
pears by the Statute of Wefim^ 5 £. i. Cap. 35. yV. 82. anci are not
due by any fpecial Prerogative, but by Tenure ; and yet the Com-
mon Law, for avoiding excefs therein, calls it Rationabik auxilmm ;
and yet even this by the Statute of Weftrn 1 5 £. 2. Cap. 55. is put
into certainty , and the caufe of the making of tlie Statute , as
therein is expreffed, was becaufe the People were grieved by paying
more than was requifite, and thereby that which was reaibnable be-
came an unreafbnable Aid .
This
1^ Caroli-
5o8
Hiflorical Colle&ions.
Tliis Statute was general, and named not the King particularly ;
but the Statute of 25 £. 5. Cap. 11. is only in cale of the King ;
and A^. B. fo.Si. gives the realbn of the making of that Statute,
bccaufe the King before did diftrain for more than v/as fit ; aid
therefore , by reafon of the excels, was reftrained to a certain-
ty as well as the Subjeft : Neither are the Taxes and Tallages upon
Cities and Burroughs or Ancient Demehie againft this.
In refpe£l of the baienels of their Tenures before-mentioned ;
and lecondly, becaufe the Subjeft that is Lord of fiich Burroughs
or Mannors of Ancient Demefhe have them as well as the King, as
appears bv the Cafe of Aw Salabury 3 ^ E. i. in the Parliament
Book, anii in the Parliament Roll S £. 2. for the Burrough of Ci-
' rifzct'^tr.
And Bra. Trin. yj E.i. Ro. 22. tmd N. B. 79.
Thofe things which are pecuhar totheKing, eitherthey be cer-
tain in themlelves, asareTrealiire-trove, Deodands, Wrecks, and
the like, where the King is to have the thing it felf ; and lb if it be
in Money, as the Demy-Mark, when a Writ of Right 5 the Te-
nant prayeth that the Seiiln may be inquired ; Fines pro licentia
concor£ ; The tenth part of the Land comprifed in the Writ of
Covenant, and the Pofl-fine one half fo much more, and Fines for
purcliafing Original Writs 2 s.% d. where the thing demanded is
under 40 /. or 10 s. where 100 /. and fo in proportion. Or elle it
is reducible to a certainty, as in all Cafes M'here the Party is to be
amerced, though he be in mifcricordu Domini Reots^ yet the Jury
muft affir the Amerciament ; and when he is to make Fine and
Ranlbme ad volr/niatem Domini Re^is^ yet this Fine muft be let by
the Judges, when the Tenant by Knights-Service makes default
in the Summons ; ad exercitum^ he is to pay Efcua^e for the de-
fault as a Penalty : this cannot be fet but in Parliament, as Ifhall
prove hereafter.
My Lords, to apply all to the thing in queftion, there is a caufe
of raifing Money for the defence of the Realm, m^n dtfimtur inkge;
what will fervc the turn if His Majefty, as in the Writ, may with-
out Parliament levy 20 s. upon the Plaintiffs goods ; I fhall hum-
bly fubmit it, why by the lame reafon of Law it might not have
been 20 /. and 'io in tnfiniiinn, whereby it could come to pais, that
if the Siibjed hath any thing at all left him, he is not beholding
to the Law for it but it is left intirely to the goodnels and mercy of
the King.
My Lords, I am now come into the fecond kind of Proofs, and
that is by Authority : The Cafes wliich in the firft place I Ihall in-
fill: upon, will be to prove it by hidudion ; for if I Ihall prove that
His Majelly without Parliament cannot tax His People for letting
forth of Land-Forces for the defence, for making and maintaining
of Forts and Caflles for defence, for Viftuals for a defenfive Army,
for maintenance of Prifbners taken in a defenfive War, nor Pledges
and Hoftages given by Forreign States for the keeping of Peace ;
if it be fb in all thele Particulars of a defenfive War , I fhali
then offer it to your Lordfliips , whether it can be done at
all.
Before I proceed to thefc Particulars, I fliall obferve thus much,
my Lords, in general, That if thole that hold by Ancient Demelhe,
and
Hijiorical CoUeBions.
509
and Burgage, which are but bafc Tenures, cannot be taxed, fjif
fur grand Caiiff, and that have many Priviledges in point of furii-
diftion, eafe and profit in confidcration thereof, as they have much
lefs, then can the Tenants by Knights-Service and Soccage that are
free Tenants,and that have no Priviledges in liipport of that Charf^e
be taxed.
And as they are not taxable fur grand Caufe in the general , fb
neither in particular, for this of the defence, as is proved by that of
F.finage ; for if His Majefty, without confent in Parliament, can-
not tax His own Tenant, nor proportion the Fine according to His
PJeafure, when the Tenant holds the Land ndexercitum, for the de-
fence of the Kingdom, much lefs can He do it where there's no Te-
nure for that purpofe.
That Efcuage cannot be let without Parliament, is fird the Sta-
tute of Rtimny Mede 17. Jo/janm's in exprefs words ; Nnllufnfcata-
gtitm vel aiixilium ponnm tn Regno noftro nift per Commune Concilium
Regni noflri ; which though it be not Printed, yet it is of Record,
and InroUed in the Red hook oi the Chequer, and cited in Mi/^/Z/eu'
Part's Pag. 343. And that as w^ell before the confirmation of it,
9 //. 3. as fince, it hath been by the Judges reported to be a Sta-
tute, and in force, appears by the Book of 5 H.^. Mordatfm 53.
where it is pleaded and called by the name of M. Chartc.^ and al-
lowed ; and M. 19 £. i. Finiente 20. incipiente B. R. Rot. 56. in the
Cafe of Rulfe de Tony it's pleaded by the name of M Chart. Johanms
Regis de Rtimny mede., and allowed.
In theBook ofKnights-Fees of £. i . time,there's aWrit cited,whlch
went to the Sheriff of Hereford., thus ; Datum eft nobis intelligi., quod
pltires [tint qui tenent per fervitia Militaria de nobis qui contradic' [olvere
fciitagia de Feodis fiJSj & quia fcutagta nobis fiint concejfa per Commune
Concilium Regni noftri : Therefore he is commanded to levy them,
Co'ia M. 5 £.2. Ro. 4. Dorf. Many ProcefTes iflued for the levying of
Efcuage^ in £. i. time, feperfeded and quite releafed the'reafbn
entred in the Roll ; ^ia dictum fervitium non fuit commnniter fa-
ctum ; that is, as I conceive, becaufe it was not done per Commune
Concilium Regni.
The Books are exprefs, 1 5 //. 4. 5. Banke N. B.S^. F.B. In ft it.
fee. 97. My Lords, that thofe that hold in Soccage or Fee-Farme,
or not by fo many Knights-Fees as they were diflrained for, were
always difcharged, as appears by infinite Prefidents, I fliall make
no ufe of it as the manner of entring thefe difcharges upon the
Rolls; 'tis obfervable that he is diftrained, ac ft teneret per fervitium
militare , whereas he holds the Land in Soccage, pro quibtis fervi-
tium aliquod Regi exercitibt^ fuis facere non debet, and in fome Rolls
that ratione alictijm Author it at is., he ought not to be diflrained :
Therefore, quia Dominm Rex non vult ilium in hac parte imnr.tri.,
prout juftum eft, the diflrefTes are releafed amongft divers Prefi-
dents ; for this I fhall cite but one or two, Br. Tr. 34 £. i . Ro. 20.
the Abbot of Abbington, and John Arden the Iter Roll of S"^ex.,
-] E.i. Rot. 107. of Gilbert Gifford. My Lords, if the King mio-ht
have raifed Money, and SefTed Men for finding Souldiers fortlTeir
Armies, this manner of Entry, as I humbly conceive, would never
have been fuffered.
lam
13 Caroli.
5IO
Hifvorical Collections.
An. 16^7.
Privy Seals
fcnc to the
Gentry to at-"
tend the King,
'■'■7-r
I am now come to the firft Particular that I have inflanced, that
is the charging of the Subjeft for finding of Souldiers to go out of
their Counties for the defence of the Realm. My Lords, iathac
I Ihall in the firft place admit thefc three things.
Firfl, that every Man alter the Statute of Wr/ichsfter^ ftcnndmH
fiaturn & fncidtatcs, was to find all manner of Arms, as well for
the defence of the Realm againfl: Forreigners, as for the Peace ; and
that I have before proved by that o^ ^ R.2. N 36. and after by the
Statute of 5 //. 4.
That upon fudden coming of ftrange Enemies, thefe are compel-
led to travel out of their own Counties, is the Statute of i E. ^.
Cap. 5. and fb for the appeafing of any notable Rebellion, when the
King, for the doing thereof, was inPerfbn, as appears by the Sta-
tute of 1 1 .//. I . Cap. I . and Cap. 18.
Thirdly, I fliall admit, that fb long as they remain at home, and
go not out of their Counties, that they are to have no Wages, and
that the Maritime Shires for Borders upon Scotland and IVaks, were
not to be at the Kings Charge, fb long as they remained at home in
their own Counties for the prefervation of them ; but that they
were in that cafe themfelves to bear the Charge againft Forreign In-
vafions, as of making of Hue and Cry, alTiff ing the Sheriff when
he took the poffe Comitams, and all other things concerning the
keeping of the Peace.
But that the Subjeft is taxable either for Wages or Viftuals, or
otherwife for fending of Souldiers out of their Counties, though
for the defence of the Kingdom, or that any are compelled to do it
at their own Charge, I fliall humbly deny.
The Statute of i E. ^. fays, That in this cafe itfhallbe done, as
ufually hath" been done in times paft, for the defence of the Realm.
My Lords, I will not deny, but that before E. ^a's time Commif-
fions have ilFued out of the Chancery for that purpole; againft which
matters of Faft, not only to ballance them, but to weigh them
down, it's as clear, that whole Armies, fbme of them of 50C00 at j
the leaft, over and above thofe that were fummoned by their Te-
nures, have been maintained at the Kings Charge, from the time
they have departed out of their Counties, during the whole time of
their Service, and that not only with Promifcs of payment, but
that were paid, Ex Jhefaaro Rc(r/s, out of the Chccjun ; and many
times upon fail of payment for Vi£luals, Wages, and other things,
upon Suit for them mtho. Chequer, full payment hath been made,
of which f()rt in mofb Kings Years there are many Cafes.
My Lords, this is the Anfu'cr which I give the CommifTions to
the County, That de fa£to the King was at the Charge ufually for
defenfive War.
By the Statute of igH.S. Cap. i. thofe that have Annuities of
the King muft attend Him when the King in Perfbn goes for riie
defence of the Realm, or againft Rebels : But there is a f[^ecial Pro-
vifb, that they fnall have Wages of the King, from the time they
fet out, till they come to the ICing, allowing twenty Miles, a day,
and afterwards as long as they fliall remain in the Service.
Upon a Rebellion in the jYorth, 28 //. 8. againft whom the King
intended to go in Perfbn, Privy Seals were lent to moft of th.e
Gentry of England to attend the ICing with the beft Retinue thev
" ill
could
Hifiorical C oil eB ions.
could make, and likewife to bring the Bills of their Expence's, and
payment promiled, as appe?.rs by many of thole Privy-Seals remain-
ing in the Pallace Tre-ifLiry.
And befides the Indentutes themlelves , whereof I have feen
many : It appears by the Statute of 2, and ^ E.6. Cap. 2. that the
retainer of Souldiers at the Kings Charge was as well for defenfive
as offenfive War. And by Stat. ^ H.S. c. 5.
My Lords, in the next place I Oiall endeavour the proof hereof
by clear Authority, the Stat, of 2 5 E. ^. Cap. 8. is. That none fliall
be compelled to find but fuch as hold by fuch Service, if it be not
by Grant in Parliament : That this was not IntrodnSiivtim Novx
Legis, appears by the Petition whereupon the Statute was made,
that it was encounter k Arott deP Realm.
That the Common Law was fb before the Statute, and like-
wife in cafe of a defenfive War, appears by the Authorities fol-
lowing.
P. 26 E. I. Rot. 55. Dor. ^\\Q Scots entringthe Borders, a Com-
miilion ifTued Reiamldo de Gray to prefs Souldiers mLancafljire iin^
Chejhire ; he certifies by his Letter Inrolled there, que fans deniers
preftesy he could not procure them to march out of thofe Parts ;
and therefore order taken in the Chequer to fend Money : That the
Scots had now invaded the Kingdom, appears by Bra. Irret. M. 26
£. I, in Sacc"*^ where Commiflions are Inrolled for many Thoufands
to be levyed for this War at the Kings Wages, Bra. Jr. 32 E. i,
Tr. 51 £.1. Rot. 18. Caia de Wardens of the Marches de Cumber-
land and Weflmortand writ to the Barons of the Chequer ; That
whereas the Scots lay near the Marches with a great Army, and that
the People of the County would not march out of their Coun-
ties without Wages and Victuals, that they would provide for
both.
Secitnda Pars Pat. 10 £.2. M. 16. and 9 £. 2. in Parliament, a
Grant to find one Souldier for 60 days, at the Charge of the Town,
againft an Invafion of the Scots ; now the King grants quod hnjuf-
rnodi concefjio non cedat in prtjudicium nee trahattir in conf.quentiem in
futuro.
At the time when this Aide was granted, the Scots had entred
the Realm, and wafted the Bifhoprick of Durham^ as appears M.
14 £ 2. B. R. Rot. 60.
Rot. Scoc. 1 2 , c^ I J £. 2. M 7. d- 1 5. The fame indempnity up-
on the like occafion of defence, when they found tiie Souldiers ad
Rogatum Regis, and the King commanded the Chancellor to de-
clare as much.
C/a. I J £. ^. M. 58. Dorf. pars prima. The Abbot of Ram-
fey difcharged, pro Cufi-odia Maritinx , in the County of Nor/.
becaufe he remained in his own Country of Huntington y cum
Armts , to the defence thereof with this ; that there-
confonum to charge him further. The
21 £. 5. in prima parte i. Oxon , be-
& parati at home to defend the Coun-
\\ Carol! .
£quis &
fore it was not rationi
fame it is Rot. Fraunc.
caufe they were prompt i
ty. Rot. Sco.
But the praftife, as it fliould feem, not agreeing with the Riglit
in the Parliament, 20 £. 3. A^. 12. The Commons complain, that
Commiflions had iffued out of the Chancery to charge the People
U u u in
512
Hijioncal Colleaiom.
An. i6^J.
in this particular, and otherwilc without confent in Parliament,
and pray, that they may difobey fuch Commiflions : The Anivvcr
is, That the Commons had heretofore promiled to allift the King :
with their Bodies and Goods, in the War with Fra^ict^ and Uke-
wife for the defence of the Realm ; and that the great Lords coii- \
fidering the neceffity, as well for defence, as the Kings Wars,
agree thereto, and yet promifeth, that tliis which is done <V7 eel -/n-
ctfjity m foit treyt en confcqaens nenfampk. My Lords, this is a
full declaration of the Right, even when for the defence ; and yet
Ibme praftife to the contrary, before the raalcing of the Stat, of
25 E. 3. procured the Complaints in this particular in the Parlia-
ment, 21 E. 5. A'. and 22 £. J. iV. Pat.^H.^. M 4.
FalctfiM de Bnnt. I»>?Kicus ptblicu^ d^ excotnmitfiicatusy that impri-
fbned the Juftices Itinerants in Bedford-CuMn, and held the Cartle
againlt the King, the King, propter graves dr nmnifefias excfjfm
q-iibtis Regmtm multipliciter pertiirbavit., befieged the Caftle ; and
whereas the Clergy, demeragra, had granted the King an Aid for
the doing thereof, Rex nolens gr At i am \h nobis exhibit am ad debit am
retorqueri, declared as much by the Letters Patents.
My Lords, it is here declared, that the King cannot, de debito, or
de jure, take any Aid againft the Subje8:s wills for befieging a Ca-
ftle held againft the King by a publick Enemy.
Rot. inqmftionem ^ E. 1. Ro. 4. Kjnt^ coram aiiditoribu-s efiierelarum
pojl Bellum Evefham dr Racem prodamatam : The Caftle of Tunbridge
being held againft the King, the Hundred at FeverjJjMn- was Sefled
at 1 5 /. pro Infidtatione of the Caftle ; the Jury preient this as a
grievance, which the Juftices would never have received, norfiif-
fered to be entred into the Roll, if this Se(s might have lawfully
been made. My Lords, this Caftle and Hundred they were in the
fame County ; and being before the Stat, of Wmchefter^ they are
not compellable to befiege the Caftle \ and if they were compella-
ble to go in Perfbn, and with Arms, yet no Sefs could be bid for the
doing thereof.
My Lords, I fhall only ofler to your Lordflbips confideration the
Scotch Roll of 20 £, ^.M 6. the Wardens of the Mirches of Scot-
Und were to appoint exploratores & vigiles, which were to efyy
out, and to give notice of the Enemies Intendments, by the Com-
miiiions in H. 4. //. 5. dr. H. 6. time, they were aiexpbrsndu^n fro
defenfione Regni & fartium fumptibus Incalarum ; but how ? only de
ajfenJH d^ volimtate fia prout^fieri confiievit.
My Lords,! am now come to tliat of Vi8:uals,the Stat, of 1 4 £, 5.
Cap. 9. is. That for the Wars the provifion for them ftiall be done
by Merchants without Commiftion, or other Power fiom the King,
or any other Power, that the People may not be compelled to fell
againft their wills : That this was as well for defeniive as oHenfive
Wars, and that this was not Introduciivum novtt Legis ; but lb at
Common Law is, by your fayour, clear.
Rat. 2<^ E. 1. M. 16. d" ig. ad reprimendum mxlitiam Scot or urn ;
and to repel them, Commiflions to moft Counties to provide Vi-
Q:uals ; and becaule they refufe, therefore the King there offers
them fecuraty.
«
Brai.
Hiftorical CoUeBions.
5>3
Bra.TriK. 8 £. 2. Ro. 99. Viftuals brought mixtnm forr.-m pa-
trix pro mnnitionc MarchLc ^coti.t^ and their payment upon Suit ad-
judged.
Sometimes at A^ewcaflle, fbmetimes at Carlifle^ at Banvich^ as the
Wars required,were the Store-houfes where the Viftuals were laid,
and Clerks of the Store to ilTue them .- That the PCing not only paid
for the Victuals, but likewife for the Houfe where they were laid
in, appears Bra. Jr. 2 E. 5. about the end of the Roll, Dorfu The
BurgefFes of Akwcafik complain in Parliament, that their Houfes
liad been taken up long time for the keeping of thofe Viftuals ;
this was tranfmitted to the Cheqncr by Writ, which fays, Foln-
mis eis pro domibns ft is pr.<:dictis fic occnp.ttis Jatisfacere pro/it dec ft
& proiit jnftimi flier it , & proiit temper ;b its Progenitontm mftrorimt
fieri confaevit.
My Lords, in the next place.
^. For the defence, when thofe that ferved with Horfe, adv.%di-
monij, /{e^Wjthey loll: their Horfes in the Service,the owners did not
bear the lofs, but they were always paid for it by the King ; and
therefore when they firft entred into the Service, the Marlhal, or
elfe the Warden of the Marches., who had the command of them
did fet down in a Roll the Horfe of each Man, and their marks
and price of each Horfe, to the intent the owner, by this Certifi-
cate, might be allured of the full value to be paid him in cafe the
Horfe was loft. This appears Clo. 34 £. i. AL 16. where the
Cnfiodes Marchix 6'c(?//.e,afr]gned pro defenfione Mtrclji,i, were to do it.
Bra. Jrrot. M. 26 E. i. Rot. 105, 106. The Scots Iiaving en-
tred the Realm, divers homicidial imendia, dr alia facinora perpe-
tr antes., there the Horfes, ad z/adimoma, for defence, were to be ap-
prifed.
Sectmda pars Bat. 10 E. 2. M. 7. the fame, and the Scott/JJj Roll
of 21 £'. ^.M. 7. the fame prout Mons eft .- That upon Suit the
SubjeQ: hath recovered accordingly of the King, are m.any Cafes ;■
rie inftance but in two or three, M. 24. of £. i. Ro. 16. Dor. Ro.
Heighamy recovered 20 Marks in the Chequer, pro Equo perdito m
conflict urn Doz'er^ inter homines Regis per h ami nam illar''^ O' Inimicos
Francix ; at which time the Erench had affaulted Douer., and burnt
the Priory, and a great part of the Town. Bra. Hill. 17 £, 2. pro
reftaiir'' trium Equor per di tor', at Car life., () E. 2.
Com' p. 9 £. 2. Richard JValgrave recoveTQd for Horfes loll: at
Carlifte.
Co'ia Hill. 2 E. 5. for Wages, pro refauP Equor'' perditor\ and
burying the dead when the Scots had entred the Realm at Stanop-
Park, for one Troop /. allowed habita inde deliberation', and
adjudged.
4. For Caftles, the Ancient Forts a^nd Bulwarks for defence, tlie
Stat. 14 £. 5. Cap. 19. fays, That Merchants, without any Comraifl
fion or Power from the King, fball viftual them fb, that the Peo-
ple may not be compelled to fell againft their wilh That Stat, in
this Particular is not Introducte Noux Legis , is cleared by the
Cafe Tr.i6E.i. Ro, 5. JViltes in a little Roll, and in a great Roll
of the fame Year Ro. 19. when in Trefp.ts, by "[John Evtfhorne 2i-
gainft John F lave I, quia blada & garb^ fu.ts cepit : The Defendant
lays, he w^as Conftable of the Kings Caftle of the devifes, and that
.. Uuu 2 ' he I
I ^ Car oil.
5H
Hifiorical Colle^iiom,
Bra. imt. Vaf-
34£.i.Aff.72.
iieged
which was the Kings.
/. proqttatuor ingent. and Trin. ^z E.
28 £.1. Rot. 71. prout ^uftiim, quia
he had in prxctptis pr.ed'' Reg/w Regis quodmii/^irefaceret, the Caftle
de ?nortt'.o Stanro ut de bUdijs, and Other things ; and that by vertue
of this Writ he took an Enqueftto know where he might have befl
laid thefe Victuals, ad minm noct.mintum patrix , and the Jury
found that the Defendant might take it adyninm nocummtum patru
of the Plaintiff, and that he came to the Plaintiffs houie, and off^er-
ed to buy fro denarik & ad pifinm Regis ; and that becaufe the
Plaintiff" refufed to fell, he departed from his houfe : lifue joyned,
and found againft the Defendant, and 100 Marks damages given
the Plaintiff, adjudged.
There were always anciently Viforts cperationiim appointed, and
they upon Oath certified, that they faw the Kings Money expended,
which was demanded in the Chequer ; and for Viduals , as they
w'ere bought with the Kings Money, fo when they grew ftale,
that the danger was pafTed, they were fold again to the Kings
ufe.
My Lords , that even in times of Wars , when the Frontier
Towns and Caflles were befieged. and the Borders invaded, that
even the King did bear the Charges, appears by the allowance in
^the Chequer.
Irin. 27 £. i. R^ot. 47. pro tuitione Cafiri, now Cart les, contra S:o-
tos qui ho (t I liter Regnum in partihm ii'is invaferunt.
M. ^i £.1. Rot. 1. The Scots befieged Qarliflc 06 E. i. and al-
lowance now, de exitibas Qaflri.
And A/. 27 £. I. 75. I coo
I. Ro. II, 12. viftM compot"*,
Scoti contra Regem hojliliter injurgunt ; therefore de Jhefauro Rtgis
Baivrickc fortified, & Ro. 78. Dorfo , it appears that the Shenff
of Tork-jJjire had carryed 40C00 A de Ihefauro Regis to thofe
Parts.
BrA. in 17 £.2. propter frequentes egre^m Scotomm in Regnum \
the Caftle of Sandall^ at the Kings Charge, fortified, (y- prout ju-
Jfum^ allowance; &nd Br^ia Hi//, that year the Caftle of Hornejy
for the lame caufe, the Scots having entred circumfroidicium CaJ/rum,
Cr apud LancaJ/re.
4, 6" 5, P- & M. Dyer. 162. b. One in execution for debt in the
Fleet, who, as the Book faith, w^as a man very neceflary for the
Wars, and it w^as moved by the Kings Attorney per Mand.itnm Con-
filii., if the Prilbner may be licenfed by the Queen with a Keeper,
togo toB.rrnw,('for thedefenceof itor no, and it was held by all
the Judges of B. R. and C.B. that the licenfewas not good, and
1 5, "c^ 297. the fame caufe cited accordingly to have been the opi-
nion of all the Judges.
5. My Lords, ForaPrifbner taken in defenfive Wars, and like-
wife for Pledges and Hoftages for the fecuring of peace, that the
charge of the maintenance of thefe, and the carrying them to the
feveral places of their abode, have been always born by the Kings
of the Realm, the allowances in the Chequer are fe> frequent as
that I intend to cite none of them, fave that for the Priibners ta-
ken in conflid at Dover before fpoken, of which is Cvia Htl/. 4.
£. 2. Ro. 22. Dor. neither do I find it at any time flood upon lave
only 8. £. 2. amongft the Bra. Trin. 8. £. 2, R. 88. Dor. but the
reaibn is becaufe that after the death of £. i . in the commilTion of
granting
Hiliorical CoUeBiom.
granting the Conftable Ships of the Caftle, no mention was made
of the Prifbners, and yet even in that cale upon a Monftravit Rcgi, a
Writ of Privy Seal is awarded for allowance, trout 'Jrfff-iir??.
My Lords, If in all thefe particulars of Souldiers.ViiSluals, Calfles
and Forts, Horfes, Prifbners, and Pledges, in cafe of defenfive Wars,
the main fupports of them, the Kings could not tax their Subjefts,
but have born the charge thereof themfelves, I fliall thence offer it
to your Lordfiiips to be fb for the defence in general.
My Lords, The allowance in the Chequer in all the particulars
before-m.entioned are frequent in the cafe of Mines in the CV//.f.
The profits of Silver-mines that they upon an account in the Clic-
quer were always anflvered to the King, was one of the principal
Arguments for the Kings right unto them, and there /i*/. 520. It's
held that in all things that concern the Revenue of the Crown, be-
caufe they are there debated, that the Records of the Exchequer
Ihew not only the courfe of the Court, but what the Law is
throughout the Kingdom.
My Lords, That in Cafes of War and EmbafTies, that the Che-
quer made no allowance what great Conllderation appears by the
Stat, of 5. /?. 2. Cap. lo. that they were not allowed by the Court
till the Partie brought the Great Seal, or the Privy Seal for it.
And if a Writ of allowance come to the Chequer before the
Court had examined the account, yet they never made allowance
till the Court had examined it.
//. 25. £. I. Roi 22. licet Brc de Allocat'* pendeat de dtis* loco /.
alloc andis ; tamt-n ante alloc ntionetn faUam oportet fcire fi pecunia. ilia ad
opus Regis devenity Cv" ^fiod ipfl duceant fiiper hoc Cnria Regis, and
Tri;^. 2 1). E.i.Ro.^j. the allowances never ingrofs, but by par-
ticulars.
My Lords, The next proof that I fliall humbly offer unto your
Lordfliips, is in that of borrovi'ing of money by the King for the
'defence for the Realm, which, as they have ufually done it, fb it is
as clear that not only upon Petitions, at their own pleafures, and
5^5
13 Carrl;.
upon grace, but likewife upon fliit they have been adjudged fb to i
do in the ordinary Courts of Juftice.
Co''/a p. ^i. E.i. Ro. 41 . 1 49 /. borrowed of Henry Sampfon pro de-
fenfiom totius Regni^ and repayment ordered M. i o. £. 2 . R0.160.
Grandes Pecimix fiimm.t'S borrowed by the King for that purpofe,
order for repayment.
Bra.M. ^. Eliz. 5. Circa prin. Ro. 66^ My Lords, in this parti-
cular I fliall cite but this one Ca:fe Com. /. 29. £.1. Ro. 18. the
King, pro urgentiffimis Regni negotiis & defenfiune totius Regf/i^ had
feized divers fums of mony in all the Abbies, and Cathedrals, and
other Religious Houfes within the Realm, & quo citii^s commode po-
terit promifed payment in the ParHament 29. £.1. at Lincoln the
King is petitioned for repayment of thefe monys, who promileth
payment, Ita, quod Regis Confcientia fuper hoc exoneratur, and there
and Ro. 19. divers fums adjudged to be paid, and p. 9. £. 2.
Ro.6^.
My Lords, I fliall thus humbly offer this to your Lordfliips, that
if the King had conceived, that when himfelf wanted money for
the defence that he might have charged his Subjects, he would ne-
ver have made this anfwer of repayment ad exonerandnm Confcien-
tiam •
5i6
Hiftorical ColleBion^.
An.
1 6 3.7. tiaru
^ for then in Equity and inConfcience the Pariiament ihoulct'
have taken care for the fatisfaftion of thefe debts, or fliould at
leaft wile have diftribiited part of this Charge upon aU his Sub-
jcfts, neither Ihould the Parties have had full fatisfaftion for all
their debt, but have born part themfelves.
By the Statute of 35. H. 8. caf. 12. the King forthe defence of
the Realm had divers great loans made to him ; nowlikewife there
being cauie of new defence againflr Frame and Sotland in aid of the
King, they releale thefe affurances given by the King, and like-
wile releafe to the King all Suits and Petitions concerning thole
monys. My Lords, it will need no application j thele M'ere gene-
ral Loans, and for the defence.
My Lords, I am now come to the other Authorities for proof
thereof which is by the Aftsof Parliament.
My Lords, before I come to the Afts of Parliament themfelves, "
fliall humbly offer to your Lordlhips the Summons
paratives to them
and
pre-
F/r/?,The Jrdiia Regm A^cgotia^hv which they are called,are prin^
cipally defey/ftom'm concerne-/-iti.i. ; that thele are not the way and man-
ner of the defence and their evidence therein, but the fupplJes and
aides for this defence I have prelented cleer Proofs,to your Lordfliips
before. That thefe aids cannot be railed without their confents is
ftrongly inferred in this, that the Knights of the Shire are to have
pknan: 'o" fnfficientem author it at cm pro ft & commimitate Comitafiis
pr.idicfi ai fitciendum<& confmtkndum to the things in mgotiis antcdi-
His : if this might be done without the confents of the Commons,
this in the Writ would be needlels ; but that this cannot be done
without their confents- iscleared by the words following in tiic
Negative, Ita quod pro defecf-a potefiatfs hujujmodt d'fta mgotia. inftifa
nonremanemt quovifrnodc. This, my Lords, is the conftant form
both of the Modern and all the Ancient Writs, and lliews cleerly
that the Commons without their conl'ent in Parhamcnt are nor
chargeable to a defenfive War.
In the Ads of Parliament I fliall begin with that of William the
Conqueror the fourth of his Reign, which befides that it is cited*
in the Preface to the eighth Report and Infi:it. fol. 75. b. and by In-
Qulph., fol. 519. and V{x.Seldm"m\\\^F.admm{sp>.\']\. it's likewile
of Re'cord and enrolled in the Red book in the Chequer.
The words are thus.
Volumns & firmiter pr^cipimus & comcdimns^qrwd omnes liheri ho-
mines totius Monarchic Regm nnfiri haheant & temant terras fu.ts &
poktfjioms fnas^ bene & in pace Libert ab omni exaBiont in'pfla &
ab omni talla^io, ita quod nihil abiis exigatur vel capiattir ntfi fervi-
tiim fuiiw liber um^ quod de jure nobis facer e dtbent & facer e ten:;7tnr,
(f conceifimi jure hjtreditario in perpettmm- fer commimeConftlium.to-
tiiis Regni noftripr.cdia r. v ^ x ■ a- j i
My Lords, The words by reaion ot the disiunttive, & ab omm
Talbgio, are plain, that the King fhall not exaft or take away any
thing of any Free-man but what his tenure binds him unto, as inr
words, byreafon of the generality of them, it extends to cafes ta
the de'fence of the Realm : that it doth fo in intent, I fliall endea*
vour thus to preftnit it to your Lordfliips.
The.
I
li ifiorical Collctfion
IS.
5^7
The Military Services before-mentioned for the defence of the
Reahii, they are by iir.t^W attributed to the Coiicjuerois Inflituti-
on; for in hisleCOiid Book fo/. 36. fpeaking of them, he liiith thus,
Stcii/idvm cfiiod m conqHtJln fiift au invtntiim^ Ploivde/i in the Argu-
ment of 'Thnm.ti 'frf(Jjam''s Cafe.
Means the Conqueror had to do it by rcafon of the many At-
tainders of thofe that took part with Harold, and after his death
with Edgar Ethli/rg. That he did it in a great part appears by
Math. Paris, fol. 8. That he put all t!ie Clergy, which before lield
in FrankaimoigKe fub fo'vttntt mil'ttcire, to do fervice ttmpore hofli-
iitatk, aad by the County Palatine of Durham and Chtfttr in tliofe
places of danger. In the Book of Knights Fees, in H. 2. time it
appears by the Certificate , that they held fbmetimes de zitteri
Ftofeamento, and fbmetimes de nouo. And by fbme of them it ap-
pears, x\\iX.x\\Q'Xtmxxt^ dtNo'voVeofccmtMQ were before King vS/e-
fhcns time, and therefore it's probable that the 'vt-ttra might be
tliofe created by the Conqueror. The provifion for Soldiers pay
by Tenures was likewife of his inftitution, as appears by that be-
fore cited out of the Black Book, lib. i. cap. 27. That in pri-
mttivo Re^ni Jtatu pofl Co/jqneflimi ad flfper;dia d^ donativa hlihtiim,
out of Caftles and other Lands, in quibus agricultura mn txtrcebatnr
ptcunia niimerata fitcrefcehat.
The Policy and Provifion of the Conqueror for the defence being
by Tenures, when in this Aft of Parliament he fiiies, qtwd nihil ab
eis exigatur vel capiat/tr, nifi ftr'vitium futim, quod de j//re nobis fa-
cere tenentitr, as I humbly conceive, flic ws plainly that the Subjeft
was not otherwife to be charged for the defence, nor further than
by their Tenures.
This, my Lords, further appears by other parts of the Parha-
ment, where fpeaking of any thing 01 Charges that is to be done
according to their Tenures, as that all Ipene fe ttneant in Eqms &
Armis ad fer^iitinm fiinm integrum faciendrtm. But in the next
place fpeaking of the defence, it frith that all within the Realm
(int FratresConytrati provtribtM 0- factdtatibus, to defend the King-
dom and the Peace, (^ ad judicium rectum , (ir ]tt (lit i urn facie :idii-'n.,
the coupling of the Defence with that of the Peace, and doing
Juftice, fliews the perlbnal care that all by their Oath of Alleage-
ance ought to bear to the Common Peace and Good of the Realm.
The next Statute which I fliall prefent to your Lordfliips, is that
of PMnimead 17 Johannts, the words are thefe, Nullum fcutagium
vel atix ilium ponam in Regno nojtro, nifi per Co^nmune Confiliutn Rc{^-
ni noftri, nifi ad Corpus noflrum redimendum, and to ICnight his el-
deft Son, and to marry his eldeft Daughter: as in words this ex-
tends to the defence, becaufe all fupplies for that purjwfe from
the fiibjeft, they are only in aux ilium or in fubventionem expenfmrn
of the King, who, as before is proved, is principally bound tliere-
to. So may the intent likewife further be gathered, firft from this,
that the word Auxilium is joyned with that of ScnUze, which is
for the defence : and likewife from this, that particular fitisfa^bi-
on is made l^y other parts of that Statute to thofe that had been
dilfeifedby /<. I. and King j^oAaz, which were things done oftly for
the increafe of their Revenue without fhew of the commoit
defence, that both before 9 H. ^. and afterwards 20 /T. i . thiswas
a Stature
i \ Cdroli.
/
<:i8
hhftorical Collections.
An. \(>\1- "^ Statute and lb accounted, I have before proved, and in the Book
of ^ H.^. it is called by the name of AUgna Charta, Sans addit-on.
So 37 H. 3. in that Iblemn Confirmation oblerved by Math. Pans,
pag, 115$. this of Rummtad is confirmed by the name of Magtm
Chart a \ and e^Qil H.^-fng. 1220. which I note only to this pur-
pofe, that of fpeaking of Magnet Charta this of Runimvad is in-
tended as well as that of 9 H. 5. as part thereof, and bodied both
together; yet that neither of them Mere obierved, either in King
Jo/'^'stime, and of H. 3 time our Hiftories are full of it, and by
the Popes Bulls of i2,c^ 13 //. 3. the Pope ablblving the King
from his Oath in their Confirmation, doth it, becaufe as the words
of the Bull are J iir amentum pcccati vinculum ejfe non dthet ; neither
till after 29 £. i. as I fliall hereafter prove, were they at allob-
ferved in things concerning the Kings Prerogative.
The next that I fliallcite, are the Statutes of 25 E. i, and the
Statute de Talliagio non conccdendo.
That of 25 £. I. cap. 5, &6. thegrevance is for Aides and Pri-
zes taken through' the Realm for the Wars, the King grants that
fuch Aides, Tasks and Prizes taken through the Realm for the
Wars fliall not be brought into any Cuftom for any thing before I
done, be it by Roll or any other Prefident that may be found ;
and further grants, that for no bufinefs from henc forth that he
will take fuch manner of Aides, Tasks and Prizes but by the com-
mon confent of the Realm, and for the common Profit, fliving the
antient Aides and Prizes due and accuftomed. My Lords, although
by the Coplative it is clear enough, that there muft be common
confent, and common profit concurring ; and although the {aving
of the antient Prizes and Aides accuftomed might well enough
have been fatisfied in the Aid excepted in Runimead, and the pri-
zing of Wines and Purveiance.
Yet to out thefe and all other fcruples the Statute de Tallagio made
afterwards for that purpofe is general. That no Tallage or Aid flnall
be taken by the King, nor that any of his Officers mall take any
Corn, Leather, Cattel, or any other Goods without the Confent
of the Party.
My Lords, To bring thefe Statutes to the thing in queftion, that
the(e things cannot be done, though for the defence, the times of
the making of them, and the circumftances concurring thereto, I
fhall prefent to your Lordfliips.
That of 25 £. I. by the date appears was the 10th of October
2 5£. I. My Lords, the King the I'zthof Juguft before being at
Od/meyy ready to go over to Flanders, the Parliament being then
fummoned by His Letters Parents, Rott. pat. 25 E. i. m. 7. taking
notice of the Conftables and Marflials departure from the Court in
difpleafure, and of the rumors of the People, that the King refu-
fed to Seal Articles fent him for the common profit, for redrels of
clivers grievances done to the People : for the grievances, he faith,
that without thofe things he could not have defended the Realm,
and yet faith that he is fbrry for it, and prayeth that this may be
his excufe, as he that hath done thofe things, neither to buy Lands
nor Tenements, nor Caftles, nor Towns, but to defend himfe'f
and the whole Realm, and that if he returned again he would
have all know that he had an intent to amend all thofe things, to
- the ;
H/fiorical C oil eB ions.
519
the Honour of Cod, and the content of His People, and that he
hath done much aheady, that if he dies in this Service, his Heir
iliaii make amends.
Hereby it appears, that the grievances which procured this Sta-
tute, were for the Defence of the Reahn ; therefore from hence it
follows, that the Aids and Taxes there mentioned were for the De-
fence ; ih likewife that the exception of the ancient Aids extends
not to thofe of the Defence, that being the thing wholly com-
plained of. This Declaration of the King was the 12th of Jn^itft ;
tlie Stpkmber after, the King being at Wi^chelfey, thefc Articles are
fcnt to him, to whicli he deferred for the prefent to give His a/Tent
unto, becaufe His Council was not there ; and fb Sails over into
YUndcrs. This Statute of 25 £. i. is paft the King beyond the
Sea : The Ti(te Edwardo ^fitio no(lro at this Return, as appears by
Wiilfingham f. 42. The King is defired to confirm thcfe Articles,
which in Wdfino^ham p. 40. are the fame word for word, as in the
Statute dt Tall, which the King then deferred.
27 E. I. they defire it again, which the King doth with a Sdvo
Jure Coron^e nofir^ in jinc adje^h quAjn cum mdi\ft;nt Comhes cum dif-
placcnctA ad propria dijjej]er/mt, faith the Author , Sed re'voc&tis
ij/fis ad cj^nindinam Pajc/M ad ajotiim tor urn abfolute omnia Jimt con-
cefa.
That the Statute deTallagio, was after that of 25 E. i. is plain
in this, by fhe Kings going over to Flanders without affenting to
any Articles. In Sipttmbtry and the lo^Aof Of^o^rr following, as
appears by that Statute 25 E.i.k felf, it was made ; and likewife
by the Statute de 'lalLtgio it felf, in the ICings releafinw all Rancor
to the Earl Af^r/iJj-r/and Conftable, who had moft offended him, and
thar firfl preiented thele Articles to the King.
My Lords, I fhall add this only, as I conceive it, it will not be
proved that this King, either before or after the making of this
Statute, or any of His SuccefTors fince, ever claimed this abfo-
lute Power over the Subjefts, as to lay Aids and Tallages upon
them for the fiipportation of their own private Eftate, abffrafted
from the common defence oi- good. This King at this time, we
fee by His own Declaration, was far from it ; this laft Statute fully
fatisfied thofe that defired it ; for as WalfmghAm faith, ad eornm vo-
ting abfolute omnia f 11 nt concejfa. If therefore it extend not to that
of Defence , I fhall Iiumbly offer it by what conflruftion of it
our Anceftors Judgments and Dilcretions will be freed from a
great deal of cenfiire that were fo well contented with it.
My Lords, Magna. Charta being confirmed at the f^mie time when
the Statute of 25 £. i. was made ; and both that and the Statute
de TalP being only Articles upon Magna Chart a^ they were all of
them, as I conceive, intended in the fubfequent, and fb often con-
firmation of Magna Chart. 1.
My Lords, the next is the Statute of 14 E. t,. Cap. i. that the
People fhall not be compelled to make any Aid, or to fufl:ain any
Charge but in Farliament. That this cannot be done for the De-
fence, v/ill ( as T conceive ) be inforced from the words ; for a great
Subfidy having been granted, as well for the Wars on this fide the
Sea, that is for defence, as for the French Wars.
X X X
r^ Carol!.
It's I
520
Hidorical ColleUionr.
An. 16^7.
It's declared, that this (hall not be drawn into example, and
that out of Parliament, they fliall not be compelled to fuftain any
Charge ; and then it is furtlier enafted, That that Subfidy, and all
the Profit of Wardfliips, Efcheats, and other Profits of the Realm,
fhall be ipent for the defence and (afe- guard of the Realm, and the
Wars in Scotland and France and not other-where : So that the
Statute ( as I humbly conceive ) all put together, bears this fence,
that the Subfidies granted in Parhament, and the Warddiips, be-
ing a fruit of the Tenures created for the defence of the Realm,
and other Profits arifing to the King by way of Prerogative are ta
be fpent for the defence of the Realm, and the Kings other Wars ;
but that no Aid or Charge for any of thefe can be laid upon the
Commons without confent in Parliament.
My Lords, that the praftife of this King, I mean E. ^. was con-
trary to the Statutes, and that they were not kept, appears by the
Parliament Roll 1$ E. 5. A^. 9. the next year after, where the
Commons ihew, that their goods were feized, and their Bodies
imprifbned without any Suit commenced againft them.
My Lords, the next which I fhall cite are the Statutes of 2 5 E. ^.
and I R. j. againft Loans and Benevolences, which I flia 11 humbly
offer to your Lordlhips on this ground.
Jdeaq; frequent hi^ accident ad apt ant ur Leges,
As for my part, I have feen no general Loans or Benevolen-
ces, but they were for the Defence : So I conceive, if they were any
otherwile, they are but few in relpefl: of the others: The Com-
mon grievances therefore being by Loans and Benevolences of that
nature. Thele Statutes , I conceive , were made againft themj
for thefe not being within the words of any of the former Statutes;
as therefore the Kings might with the more colour put them in
praQiife, ^o, on the other fide, being equally as dangerous to the
SubjeS:, becaule of the difpleafure by denial procured the Statutes.
That Loans for Defence were after 25 E. 5. counted unlawful, ap-
pears by Walfmgham^ P. 179. that 44 £• 5- The King fmrfiro «/«
Conftlio nia(rnm Summ.^s Peainu of all forts, mutuo pet/jt ajferens quod
in defenfionem EcclefiXy & Regni i/Ias expenderety but that the Peo-
ple would not lend.
My Lords, the next which I Pnall cite is direct in words, which
although it be not an A3: of Parliament, yet the wei!2;ht of the
Authority, by the putting of it, will appear, it's the fecond part
of the Parliament Roll 2 R.2. N.^, ^,dr 5. the Kingdom being
befet with the Enemies of France^ Spain and Scotland, who all
three by Land and Sea invaded the Realm. The Privy-Council not
willino- in a thing fo much concerning the Realm to take the
whole^carriage of it upon themfelves, not defiring fb foon to call
a Parliament , but a httle before being diflblved, they therefore
refblve to aflemble a great Counfel of moft of the BiQiops, Lords,
and other great Men, and Sages of the Realm, who meeting, and
finding the abfolute neceflfity of a prefent preparation for defence,
and that the King wanted Money to do it ; what their full and fi-
nal refolution in this cafe of extremity for the Defence was, I
fhall read the w'ords of the Roll ; they fay, Pur ConclnfioH final
q^ils ne poient ceft mifchief remedier ftns charger les homines de Realm
duel charge ne pait de fait ne grant fins Parliament. And therefore
the
Hifiorical CoUeBions.
52
the neceffity being urgent, thcfe great Men lend Money for the i j Carol}.
prefent, which advife prefently to call a Parliament, as well to
provide for the re-payment of this Loan, as for a further Supply.
It's true, my Lords, this King at this time was within age ; and
it's as likely that many of His Council had been likewife : E. 5.
His Grandfather, His Privy Council, who well knew His Preroga-
tive, and extended it as far, by reafbn of His great Wars, to the
charging of His Subjects, as any before or fince His time ; and that
not only the Privy-Council, but likewife, as the Record is, almoft all
the Prelates, as well Abbots as others, Dukes, Earls, Barons, Banne-
rets, and other Sages of the Realm, which, as I conceive, were
the Judges, fliould be ^o far from putting this in execution, as that
they declare in the negative, upon full deliberation, that the Com-
mons cannot be charged herein but in Parliament. Themlelves
likewife thereby being to undergo a prefent Charge, by lending to
fupply that neceflity. The Authority muft needs be weighty, that
upon fecond thoughts afterwards the fame M'as declared in full Par-
liament by the Lord Chancellor, and fb afterwards entred upon
the Roll without any qualification at all, adds further to the Au-
thority.
Vltimo Febrtiar* ^ Caroli^ a Commillion ilTued to divers great
Lords, the end, as appears by the words, was for aiding the Kings
Allies beyond Sea,and for the defence and lafety of the Kingdom and
People. They were by the CommifTion to raife Money by Impofi-
tion or otherwife, which, without extream danger to the King,
Kingdom, and People, can admit no long delay, wherein Form
and Circumflances are to be difpenfed with, rather than the fiib-
ftance loft. This, my Lords, was a Commiflion to tax the Sub-
je£l in time of necefiTity for Defence. The laft Parliament this
Commilfion, as againft the Law, was condemned by both Houfes,
and cancelled in His Majefties Pretence, and fent fb to be viewed by ;
both Houfes.
Philip Comminesy in his fifth Book Cap. 8. obferving the fame a-
bove all others, commends the policy of the Engl/jfj Laws and
Government. And both he and Bodinm^ de Republica lib. 6. Cap. 1 1 .
And Pafquerm, Advocate-General in the King of France his Cham-
ber of Accounts, in his fecond Book Cap. 6, (^ 7. all fliew this like-
wife to have been the ancient Law of France ; and how the Pra-
ftife comes to be otherwife, there Pafquerm fhews at large ; and
that the King fbmetimes endeavouring the contrary, found fo much
difficulty, that they afterwards, efpecially Charles the ^/^/y, pro-
cured by the confent of the three Eftates thefe Aids for Defence to
be granted for three or four years together ; and that this confent
of the People at firfl: was that which afterwards gave the occafion
to the King to take it without confent. And therefore he concludes,
that France being im Reims de confequens^ that they muft not eafily
promife any thing, though but once, which they will not be wil-
Hng to permit for ever.
My Lords, I have now done with the Proofs. In the next
place fhall endeavour an Anfwer to fbrae few Objeftions that are
obvious both from Reafbn and Authority.
I. For thofe of Authority, i^//. 4. 14, 16. Gafcoi^^nes o^'imony
That the King may Charge His People without Parliament, to a
X XX 2 thing I
522
Hifiorical Collections:
tiling that is for the common Profit of the People ; the thing
he applies it to, is, that the King may grant Pontage and Mu-
rage.
My Lords, that the King may grant both thefe , and Tolls
upon erection of a new Fair or Market, and Panage, I fhall not
deny.
The Anfwer I fliall give to them is ; firft, That thefe Grants do
charge 'venalia. only, that is Goods carryed to thofe places for
Merchandize ; but that any Tax may be laid Secundum fiatum &
facidtates, either upon the Hundred or County, I fliall humbly de-
ny it.
It is true, my Lord, by the Conquerors Laws it appears, that
Cities and walled Towns were for the defence of the Country ;
and therefore by thofe Laws no Fair nor Market might be kept but
in Civitate, and Bur^^is Muro IVallatis ; and therefore in Doomef^
day, in all fuch its found, that there are fo many Manfions ;»«r/i/ej,
which by their Tenure, when nCed was, were bound ad murum re-
fickP7di{m.
That no other Land that holds not by that Service is liable, ap-
pears by the Parliament Roll, i R.2. Secunda pars A\ 76. where all
the Cities and Burroughs of EngLind petition, that in this time
af danger, they not being able with their Merchandizes to do it,
that others that had Land withiri the Town might be made Con-
tributaries, Avant ceo heure out fort mil charge.
The Anfl\'er is, that all, according to their Tenure, as they
have anciently done, fo fhail they ftill. And if this might be
done, there would have been no need of the Statutes of 2 cr ^
P. & M. Cap. 1.23 EL Cap. 4. for giving power to tax Men Secnn-.
dum ftatmn & facilitates to repair Caflles and Towns within 20
Miles of Scotland.
For the Tolls, and Pontages, and Panaiages, as there is a great
deal of equity for thofe that receive benefit by bringing their Goods
to the Markets, and over the Bridges, fliould contribute to the
Charge that may maintain the Market-places, and the Bridges ;
fb neither are thefe compulfary, but voluntary Charges ; for as no
Man pays but he that receives the benefit, fo is none compellable
thereto, but is let to his liberty.
Neither is there any colour in refpefh of the Town itfelf, to^
whom the Murage and Panage is granted, why they fhould not
be charged, becaufe the Grant cannot be but at their own Suits ;
for if it be not at the Suits tot Commodttates, the Grant is void, and
to be revoked, as appears Pat. 5 £. ^ fecunda pars M. 20.
It may be further objefted, That as the Town hath intrufted the
way and manner of managing of the Defence wholly, and inde-
pendently unto His Majefty ; fo likewife, if Aids and Means, as the
Caiifa fme qua non^ the other cannot be effefted. And therefore
His Majelfy fhould not be dependent upon the Parliament for
them.
My Lords, The meer relation between His Majefty and the Par-
liament, that they are but one Body, hath been prefented to your
Lordfhips, and that His Majefty did exercile the Summum mipe-
riiim ; there Bodintlib. i. Cap. tilt, fays, ejufdemq; ejje pate (I at'* tri-
biita nova imponere, cujm ejt Legem ferre ; but that the Legis Na-
tive
Hiflorical ColleBiom.
525
thing
five po^ver is not in His Majefty out of Parliament , wifl be
granted.
2. The Subjcfts Intereft being as meerly concerned in the De-
fence, as His Majefties, there's nocaufe why they ihould not be wil-
hng to proportion the Aid to the occafion ; fo neither can the Law
prelume othervvife, wliich hatli 16 high an opinion of the judg-
ment and integrity of this Court ; that as it is in the Comcn
^98. it's unlawful for any Man to conceive any diQionourable
_ of it.
My Lords, my laft Anfwer hereto is, That by the Law tlie King
hath as independent a Power to make a forreign War, as well as
defenfive. It will, I conceive, be granted, that His Majefty in this
Cafe hath not power to tax the Subjefl: ; for then it would follow,
that as well as to the conquering of the next adjacent Realm, ib of
all Europe^ the Subjeft lliould be at the Charge, and yet the
Land conquered fliould be only His Majefties ; and yet upon this
ground, in refpeft of the equajity of the Powers, it might be done
as well there as here.
. Neither, my Lords, as I humbly conceive, doth this only anfwer
the Objcftion, but returns upon the other fide for His Majefties
Highncfs Power to make oSenfive War, which for the moft part
caufeth a defenfive ; by this means that fliould be in His Majefties
Power to caufe a defenfive War, and to tax the Subjefl: for the
maintenance of it.
My Lords, The laft Objeftion whereto I fhall endeavour arr
Anfwer, ftands thus ; The Parliament is a great Body, and moves
flowly, and that the caufe may be flich, that the Kingdom may be
loft before the Parliamentary Supplies come.
My Lords, how the means of the effecting fb fudden, and fb
great a furprize can be fb fecretly carried, I fliall not examine it
in reafbn, but fhall liereto humbly offer thefe Anfwers.
That the Services whereby the Law hath provided for the De-
fence both at Land and Sea, they have the fame mention of time
with the Parliamentary Supplies upon the Summons of the Te-
nants by Knights-Service ad. exercitnm ; and of five I^orts 40 days
warning is to be given as for the Parliament.
And fb is it probable from that of Mould. 13 E. i . it was for o-
th^rs that held by Sea-Service.
And anciently the Summons, Adexercit/im, to the Ports, and for
the Parliament, went out much about the fame time, that the Par-
liament might aflefs the £y^«^^e ; and that in cafe the Tenures, and
other Revenues, were not able to maintain the War, that the Par-
liament might provide for further Supply, as appears 28 £. i.Tl/.
15. 51 iE,. and 54 £. i. M 15, 16. dr ofortet nemintm kgibm effc fi-
■pkntior'.
The Tunnage and Poundage, when granted for life, was, that
the Kings might have always a Sum of Money ready upon fuch
fudden occafions.
In the Parliament, i^.R.i.N. 42. the Commons defired payment
of £.^ A Debts, that they might be encouraged to lend the King
in Aid of the Realm. If a fudden caufe of necelTity fhould fall out j
the Anf\ver is, that it fhall be ^oxxq folofici; k PetiHon.
My
1 1 Caroli-
■\
5H
Hiflorkal ColleUions,
A^.iS^j'
\
My Lords, by this It appears, that this ObjeGion was not then
taken to be of weight ; many of the Loans are in mccffitatis Ar-
ticiilo. _ _ „
The Authorities that further anfwer this Objeflion are great,
and full hi Point.
The firft is that of the Parliament Roll of 2. -R. 2. before cited ;
the bufinefs of Defence could' not ftay fo long as for a Parliamentary
Supply, yet agreed, that the Commons without Parliament could
not be charged ; and therefore the lame Men that give the judg-
ment prefently lend Money for that purpoie.
In the Statute of ji H. 8. for Proclamations, the caufe of tlie
making of the Statute is expreffed in thefe words ; Confidering
that fudden caules and occafions fortune many times, which do re-
quire fpeedy remedies, and that by abiding a Parliament, in the
mean time might happen great prejudice to enflie to the Realm :
Therefore the Kings Proclamation is by that Afl: made equivolent
to an Aft of Parliament, but with a full exception of their Lands,
Goods, and Chattels, which as it fhews, that before, by the Com-
mon Law, the Kingdom could not , in Cafes of Exigency, that
could not ftay for a Parliament, take or leize their Goods ; lb were
they careful ftill to prelerve this Right.
My Lords, after this Statute of 31 K 8. the Maxime o^ Jufti-
nUn was true in H. 8. as of the Romm Emperors after the Lex
Regia, whereby the People transferred their fuffrage to the Empe-
ror, quod pritjcipi placet Le^^u z'im habet ; ia at that time was that
other as true on the Subjefts part here, as there in the digeft, Lege
to de regiflif jur/i qttod menm efi non e(l univerfitatis, & quod mjtrum
efl (ine faBo noftro ad aliam transferri non potefi.
The 7 Pertica of Spain^ tit. 1 . Pertica fecunda, give fbmething
more to the King ; for He may take from the Subjed: pro neceffitate
Reipnhltc data prtmm tali cafu Domino ret bona. Iambi a ejufdemy "vel ma-
jor is precij bonortim virorumarbitrio ; He may in this Cafe take, gi-
ving a Pawn to the Subject for the affurance of a future full fatil^
faftion.
Livy in his 20 Book, Cap. 35. Bodine in his 6th Book, fo. 65<;,
affirms, That when ///i«/W had put 7/^^/^ and i?o?/?e it felf, unto lo
great hazard ; and that there was not Money left in the common
Treafiiry, that yet the Senate , without their conlent could not
charge the People ; but that unufquifq; of the Senate, mutuo debit
all quid in ufum publicttm. •.
My Lords, the laft Authority for the anfwering this Objeftion,
and clearing of the whole bufmels, is the Commiffion for the Loan
in the JVefi. 2 Car. 4. Pars Pat. the words are thele. Great and
Mighty Preparations, both by Sea and Land, did daily threaten the
Kingdom, that the lafety and very lubfiftance of the King and
People, and the common Cafe of Chriflendome, were in apparent
danger of fufFering irreparably, that the Kings Treafure is exhauft,
and the Coffers empty ; that the bufinefs of Supply cannot endure
fo long delay as the Calling of a Parliament : and inquiring into
all means juft in Cafes of fuch unavoidable danger : A King is now
refblved to borrow of the Subjeft, to enable His Majefty, for their
lafety, and promifeth re-payment.
_ N^
Hfftorical Collctfions.
5^5
My Lords, the borrowing of Money only is the thing required,
that is, for the Defence the King had no Money left, the Exigency
fuch, that it would not ftay for a Parhament ; this ComraifTion af-
terwards in tlie Parhament ^ Car. was queftioned, upon debate ad-
judged by both the Houfes of Parhament to be void in Law, by the
Petition of Right prefented fb to the King, His Majefty denies it
not. My Lords, from this Ob)e:lion of ftidden danger I come to
the next, which is the third thing before offered to your Lordfliips,
which is an admittance that the damage fbmetimes may be fuch,
that the Subjefts Goods without their confent may be taken from
them ; for as propriety being both introduced and maintained by ,
humane Laws, all things, by the Law of Nature, being common ;
there are therefore fbmetimes like the PhiUftims being uport Samf-
fon, wherein thele cords, they are too weak to hold us, nectffitM
tnim^ as Cicero lays, Ma^nnm hnm:ine in becillitatis patrocimam om-
nem kgem franait ^ at fuch times as propriety ceafeth, and all
things are again refblved into the common Principals of Nature.
Thefe times, as Ibmetimes they are only in infianti^ and con-
cern but ibme few, as in Cafes of killing one anotlier in a Mans
own defence, pulling down Houfes in a common Fire , making of
Forts upon other Mens Lands, or with their Goods, upon fudden
AlTauIts ; fb fbmetimes they are longer in continuance, and larger
in extent, and concern the whole Kingdom, as It is in times of
War, qiiando agittir yro aris dr" forcis fla.gr ante hdlo.
And as on the Particulars before-mentioned, which are but for
a fliort time, and that concern fbme few only, the Law hath no
power for that time, nor on any times any property ; fo in the
latter it lofeth this power for a longer time, and over all.
A Diffent upon DifTeifin in time of War takes not away the En-
try of the DifTeilee, Litt* SeP 412. no plenary after the fix Months
barrs not the Patron of his Qjiare Impedit^ upon a Prefentation in
time of War, 4^ £. %. Q^lmp. 135. W^. ji.
And in a Writ of Right, where the Seifin makes the Title, the
taking of Efplees muft be alleadged to be done tempore Pacis^
the Law allowing no Eflate in fuch times, but calls it an occupa-
tion in time of War, Litt. Set* fo. 12.
And as inter arma leges (ilent, fo that of Brac^ H. 4. fo. 240. that
tempds gnerr'' eft tempas injuria Is likewife true ; for after the War is
ended, the Law, as not having any conizance of things then done,
gives no remedy for wrongs in that time fuftained, as the Cafe is ad-
judged in the Roll of Rent,7 E. i . inter fUcitx de qaerelis Willielnium
Far let on qneretur de Petro Rardinum quod iffe die Mer curie ante faBimt
St. Tho. a6 H. 3. came to the Town of Cleve, and took of the
PlaintiiFs Goods three Oxen, four Cows, and three Heifers, and
yet detains them ; the Defendant alleadgeth the Pardon of //. 3.
of omnes tmnjjnefs' faEi^s ratione turhationis tunc in Regno exiftentis.,
and that it was tempu-s guerr^ when the Goods were taken ; the
Plaintiff replies, That the King can pardon only offences done to
himfelf, & non tranfgrefflonis alits ilLttai., the Plaintiff" rejoyns that
tempm illud was tempm guerr"*, dr non tempm Pads, and upon this
the Iffue is joyned. The Jury find, that when the Defendant took
the Goods, fuit tempos Belli, & non tempM Pacts ; and therefore it
was adjudged for the Defendant.
V ' , _ 'Te?npm
ij Caroli.
526
Hffiorical ColleEHons.
Jn.i6ii.
Ttmptis Bell'y when property feizeth, is not upon every inteftine
or defenHve War ; but only at fiich times when the courfe of Ju-
ftice is ftopt, and Courts of Juftice Ihut up ; and that this is that
TempM BtUi is thelniHtutcs Stc. 412. p. 50. E. 5. B. R. Ro. 49.
the Attainder of Trcaibn of ThomM Earl 01 Lancafitr reverfed the
Error affigned, quia tempore Facts maxime cum per totum tempm pre-
dlcliifn CafJctlUriJi & ali.e pLicit^ Cur^ Domim Regis apt^e fnertmt^ c-r
in quibm hex cuicunq; fi:hat prout peri confiievit ; nee predt^ns
Dominm Rex in tefjipore lUorum cum Rex illis explicit is equi-
tavit.
That there were greater Armies a foot on both fides in this bu-
finefs, when the Earl was taken at Boronbrigge, our Hiftories are
full; but yet it was hot that Tempm gutrrx intended by the
Law, becaufe the Courts of Juftice were open, and the King, with
Banners difplayed, was not in Perfbn in the Field.
My Lords, in thefe times of V/ar I Ihall admit, that this Writ is
legal, and not only His Majefty, but likewife every other Man that
hath Power in his Hands, may take the Goods of any within the
Realm, pull down their Houfes, or burn up their Coi n, to cut off
Viftuals from the Enemy, and do all other things that conduce to
the fafety of the Kingdom, without refpedt had to any Mans Pro-
priety.
12 H.S. 2. Br. Trans'* 406. 8 £. 423. That in fuch timesaSub-
je8: may make a Bulwark in another Mans Land, and that the
La\\'s already eftablifiied are filent at fuch times for any Law to be
made : And although in that forefeen and lingring War oi Hanni-
hids, whereof I have before fpoken, the Senate could not charge
the People *, yet when there was a tumultm Gallicusy that is, when
thQCiptlpuji, their Neighbours, onthefudden ( as fbmetimes they
did J "affaulted the City; by the fame Author the Cafe was other-
wife.
My Lords, befides this fudden and tumultuous War, which fiiuts
the Courts of Juftice, and brings His Majefty in Perfbn into the
Field, and wherein Propriety cealeth ; The Law likewile takes no-
tice of other Times of War. As when His Majefty , upon juft
caufe known to Himfelf, by His Proclamation proclaims War againft
any Forreign State , and likewife the Law takes notice of the
effects thereof: That is, that no Subjeft of fuch Prince or State is
capable to profecute any Suit, though but in a Perfbnal Afbion, in
any His Majefties Courts ; and likewife that then it is lawful for
any His Majefties Subjefts to leize and keep to their own ufe
the Goods of the Subjeft of any fuch Prince or State , as the
Books are adjudged, 7 E. 4. 15. ^ H.S. Br. Propertie 58, 22 E.
My Lords, it appears not by any thing in tlie Writ, that any
War at all was proclaimed againft any State, or that if any His
Majefties Subjefts had taken away the Goods of any Princes Sub-
jedts in Chriflendome^ but that the Party might have recovered them
before your Lordlhips in any His Majefties Courts ; fb that the Cafe
in the firft place is, whether in times of Peace His Majefty may,
without confent in Parliament, alter the property of the Subjects
Goods for the defence of the Realm.
2. The
Hifloricdl ColleEiions,
527
S-:condly, The time that will ferve tlie tuin for the bringing ni
of the fuppHes and means of the defence, appears to your Lord-
fhips judicially by the Writ, that is (even months within four days ;
for the Writ went out ^..Attg. and commands the Ship to be at
Fcrtfmouth tlie place of the Rendezvous the firft of March fol-
lowing ; ^nd thereby it appears that the necefTity in refpefl: of
the time was not fuch, but that a ParHamentary consent might
in that time have been endeavoured for the cffedling of tlie
Tuppiy.
Thirdly, Yet in the third place it is averred, tliat fliiirs P^^hi
fericlibiitur^ and that was the caufe of the illuing of the Writ,
and this by the Demurrer if it (liould be confeffed.
Yet this is but a general, how or in what manner peridhdatur
mm conflat. By the Law the Defendant may have a Proteftion
when he is in negotOs Regni : but when he will make uie of it, it's
not allowable in that genetcality, but he muft fliew in particular in
what Town, or Caftle, or other particular Service he is in, that
fb the Court may judge whether the caufe be fiifficient, yea or
ho ; and yet is that His Majefties Writ too,as well as this in queftion :
fee the Books for it ^6 H.6. 59. 28 //. 6. i . Yet in the fourth place,
If your Lordfhips niall give any heed to this general, as to the par-
ticular of Pirates infefting the Coafts and preparations further ad
Regnumgr.vvmdiim^ mentioned in the Writ, the cafe then, as I con-
ceive, is this.
In a time of Peace His Majefties vigilancy forefees a danger
hkely to enfue, the fupplies for prevention of this danger will
ferve if brought in (even Months after within four days, whether
in this cale without their conlent in PaHiament His Majefty may
alter the property of His Subjeds goeds.
A/r. St. John's feco7idJays Jrpiment.
MY Lords, I have now done with the defence in general, and
in the laft place I fhall endeavour to prove that this of the
Sea hath no fuch peculiarity in it, but that it will fall within that
of the defence in general.
Wherein in the firft place I endeavour an Anfwer to fbme Ob-
jeftions, both from Authority and Reafbn, that may feem to prove
aright. And fecondly, to fome Prefidents concerning the ufe and
praftice ; in thole of the firft rank Ifliall begin with Danegdt.
It may be faid, that the Danes infefting the Realm, that Ethel-
red^ for the refifting of them, firft by iiis own Authority laid this
upon the Subjeft, and made it an annual Charge.
Secondly , That after the cpnqueft , they feldom infefting the
Coafts of the Conqueror, took it not annually as at the firft, but
at fuch times only as it is in the Black-Book^ lib. i. Caf. 11. when
ab exterii gentibm BelUm, vel opiniones Betlorrim infirgebant.
And Thirdly., That after H. 1. tinle the Kingdom being altoge-
ther freed from the Dani(Jj Invafions, although tlie Damgeh both
loft the name and ufe, it never after his time being taken by
Hydes of Land as before ; that yet the fucceeding Kings by the
fame Authority did lay other Taxes upon the SubjeQ for defence of
the Sea. .
_Y y y ,., My
15 Cardi-
528
Hiftorical Colle&ions.
An. 1637, 1 My Lords, Tor Anfwer, in the firfl place I fliall cbferve this on-
ly by the \\'ay,that the beil: and certaineft Authorities for the DAut-
gdt agree not what it was.
I mean the Laws <d^Ehmr^t\\t CcnfefTor Cap. 11. and the BLxck
Book, for the ConfefTors Laws fay, that it was one fhilling upon eve-
ry Hide of Land,and the BlAck Book twoShiUings,by which it fliould
feem that it was little in ufe in H. 2. time, nor much knoM-n.
That 1 1 t/j Chapter in the Confeffor's Laws , where tills Is
mentioned, was no part of the ancient Laws themfelves, but fbme-
thing afterward added appears by the w^ords themfelves.
f /r//, It fpeaks of the ireedom which the Church in the firfl
Liftitution of it had, which freedom, we know, was not loft till
after tl^e Conquefl, and likewife of the granting of it to IViHiam
Riif.is by l^arliament ; and therefore it fhould feem to be inferred
in thofe Laws afterwards out of the Laws of//. 2. for this ii/A
j Chapter, and that of Dmegelt in H. 2. Laws are the fame de vtrbo
\in ^'tr/'.YW, as appears \x\ Hovedtn, fol. 544.
But admitting the thing, I fliall endeavour anfwers to each part
of the Objeftion, as firff, That the Dmegeltwzs granted in l^arlia-
ment.
Mr. Camb. Britt.p. 142. obferved that the D^;?f.f firfl infeffed the
Coaffs Akko Don/. 800. and, as his words are^ with fuch Hurly Bur-
lies, as the like was never heard of, made havock of all, razing of
Cities and burning of Churches, and for their continuall^iracy had
got the name of
\Veccif7Q!. that is Pirates as the Pirates.
The D.mp(r(it firft began in Ethelreds time, almofb 200 years after
x\\Q Danes firft hivafion, for he began his reign Anno Dom. 978.
I That provifion for Sea-defence was made in the interim after 800.
and before Ethclreds time, appears by the many Sea-figlits of A!-
\ [red and other Kings made within them : that this provifion was
* ufiially in Parliament, is probable from that of Ingulph, London
Print, /i/.48S. where. Anno Dom. 85 ;j which was 55 years after the
Danes firft Invafion, a deed to the Abbot of Croir/and is dated thus ;
Coram PontijicibnSj ProcerihuSf & Majoribns tot'ms AngltJi, in Civita-
te Londonix , uhi omncs congregati fianns fro confiHo capiendo^ contra
Dan.'c.-rs Piratas littora Anglits affidne infefiantes : if King Ethelred
by his own Authority might have impofed this, it's like fome of
his Predeceffors, the cafe fo neceffarily requiring it, inalmoft2oo
years fpace would have done it before his time.
That this of Dantgdt was done in Parliament the words cany
as much, for the words of the Law are danfgddi reddith ptimtus
St/it/ita fuit , a word mofl proper for the l^arhamentary Autho-
rity.
But fully by the Laws of that King, I mean Ethelreds times, in
Mr. Lamberts Saxon Laws, fol. 85. there ex fapienttim fiwrum ConfiUo
peace is made with the Danes., and a certain fum of money in pre-
fent granted to the Army, as our Hiiforians obferve. The Danes
by compofition were to fend away their whole Fleet faving 45
Ships, which were to remain todefendthe Kingdom againft other
Enemies, and theliing was to maintain thefe Ships at his charge :
that the Danegelt was paid to the Danes for this defence many of
our Hiftorians obferve. My Lords, That at the fame Parhament
this was provided for, appears by the w'ords of the Law, Si qnis
ioitur
Hjflorical Collections.
529
igiti'.r fol'L
Ijac N.i-uj.lis apitratiis in Anglia pr.ed. flcer/ty hie nobis a/txi-
lium fvrat exercitiis nojq; ci ( quamdm in fide manjcrit J qu^e ad
cormncatum fiippntent parauimiis ptr omnia, that this was a ParHament,
as the words fliew it, fo is it held in the Preface to tlie ()th Rep.
If this was not the Dantgelt, yet this is clear, that in tliat Kings
time then promiled contra naz/aks apparatus vias, made by Pari.
Huntingdon., fol. 261). London Wmt: Primrumflatuerunt Jnoli i/.-
fa.'iflo. concilia .qnod ipji Danis cenfiim perJolv':ret Regib/is , namqtie
no(lris modoperfolvittir ex confaetitdme quod Danis per fol'ueb at ur ex in-
ejf'abiii terrore, that Danegelt^ which after the Conqueft was paid
to the King, we fee by that Author primum Jiatuernnt Angli ; jtatu-
tum Jnolornm^ muft needs be by Parhament.
If tlie Danegelt in time of Inch great danger was not inipofed
without ParHament, it will ftrongly make againft thofe that ihall
obje£l againft it.
Stcondh\ The Danes having quitted the Realm, that the Danegelt
was releafed by Edward the Confefl.br is affirmed by Ingiilph.fol. <,io.
and Hovedon., fol. 25]. and all our later Hiftorians. That of Jngnlph^
my Lords, alone is without all exception who lived in thofe times,
for he was brought up in England in the ConfeflTors days , and
therefore knew what he wrote. He after^-ards went over into
Normandy , and was the Conquerors Secretary ; came over w ith
him to the Conqueft, and at his own charge maintained twelve
Horfes ; he was lb great at Court, that ashimfelf writes, fol. 51:4.
quos voluit hum'dravit, quos voluit exalt avit ; a.ndp. 518. a Charter of
the Conquerors to the Abby o^Croirlandwzs made ad petitioncm fa-
miliar !s mei Ingalphi., and therefore in all likelihood would not re-
port this partially againft the King.
My Lords, That we are not to put out our Fires and ringing of
the Coverfov Bell, we have no other Law for it but difiife, and the
teftimony of Hiftorians that H. i . releafed it.
For tliat of the Black Book., that William the Conqueror retain-
ed it quan.io Bella, zrel opmiones Bellorum inf/irgebant^ as tlia;t Book
is miftaken in the thing, faying it was two Shillings on every Hide,
being in truth but one ; fo it is poffible he might miftake in the
other too : That it was releafed in jitermim is apparent ; tliat ma-
ny things were done de facto, to the infringing of the liberty of the
Subjeft, both in his time, and of //. i, and H. 2. too, it is clear
by our Hiftorians ; and if it were not releafed before, yet that King
6>fjZ'/'e/^ releafed it,is writtenby Huntingdon fol.2'2i.,Hoveden^fol.2-i6.
hoc Deifs voluit fay thefe Hiftorians, fed nihil horum tennit, and as
our Hiftorians all agree, that after H. 1. time, .in whole Reign the
Black Book was compiled, it was never paid, ^o may it be colIe6ted
out of the Red Book, for all or moft of the Aids and Efcuages in
H. 2. and King Johns time being there mentioned in 8 H. 2. w '</
Danegeldnm ajfejfum fuit, but after that, neither in his time nor of
King Johns is any more mention of it.
Sir Hnry Spellman in his Clollary, that when it was taken in the
Conquerors time^ andfmco that it hwzsconfulti Magnatihns Rcgni
cr Parliament 3ri demum author it ate. My Lords, Li the laft place, If
the fiicceeding Kings w//#/z?<? nomine., only have in lieu thereof laid
other Taxes upon the SubjeQ:, they muft then hold proportion with
that of Danegelt., that is, that they have been equally fet upon all
Y y y 2 the
53
o
H/florical ColleBiom.
Art. 1637- 1 tlie Inland Towns throughout the Kingdom as that was. 2. Upon-
©very Hide of Land : And 3. Likewife in time, and that there was
HO intferminion but that in R. i, and King 'Johns times which were
aftive, that then it was put in execution.
Clo. I 5. "Johmnk n;. ^ . Dor,. & 7 . and M/ttthav Paris p. 312,313.
The Pope had granted the Crown of E/igLtad to the French King,
who M^as ready to invade the Realm ; great provifion of Shipping
was made dd likratioms Rej^is, & adftipendta Regis. .So far was
this King in this time of necefiTity, from impofing any aid upon the
fubjeQ: fop the Sea-fervice, as that he himfelf bore the charge.
My Lords, The next authority from the right M'hich I fliall in-
fift upon', is that in the terms of the Law, fol. 114. in the Title of
( Hydage ) the taxing by Hides was much ufed in old time, and
that chiefly in King Ethelreds days, who in the year ioc6. when
file Daries fended at Sandwich in Kjnt, taxed all the Realm by
Hides, and every 910. Hides of Land fliould find one Ship.
My Lords, My fifft anflver is, That this was done when there was
a formidable Enemy, and which fbon after conquered the King-
dom , was upon tne Shore, as by the Book appears, and tliere-
fore likely that the Courts of Juftice were fliut, and that the King
was in Perlbn in the Field.
Secondly, This was but a6f'm unictis^ and even by the Common-
Law that fb eafily admits of Cuftoms, it's acIu-s Bimis that hath
any colour indiicendi confattitdinem.
'Thirdly^ It appears not by any thing in the Book, but that this
might be done by Parliament, many of the antient A6ls of Parlia-
ment are ftatuit Rex, vttlt Dominm Rex. And whereas the Book
faith, taxing by Hydage was much ufed in old time. That thefe
1 were by Parliament appears both by ule and authority, exprefs in
Print. Doomefday in Barkfljire, qiiando geldum dabatur commumter per
) totum Barkfljire dabat Hydam 3 s. there We fee Hydage dabatur,
Matthew Paris, p. 7&0. many Carurdgia ind Hvdagia recited in Par-
liament that had formerly been given to that King in Parliament.
Bra^fon in iiis fecond Book, fol. 37. is exprefs in the Point, that
they cannot be taken but by grant in Parliament ; his words are
thele, Sunt qu^dam communes pr^ftatianes quiefervitia. non dttuntnr,
nee de conjuetudine uemuntj ni(i cum neceffitas interveneVit., ficut fuM
Hydagia & Caruragia de neceffitate (^ ex con fen ft t otitis Regni intro-
ducla, Rot. p. 8. h. 3. w. 4.^
My Lords, The next authority I fliall infift on, is the cafe of the
Abbot of Roberts-Bridge in Kjnt , wiiich becaufe prima, facie it
feems to be in point, I will put it at large.
M £5. E. \. ^finienteC. B. R. 77. The Abbot brought a Reple-
vin again Jdam de Brigland and others for taking his Cattle, the
Defendants avow in thefe words , dicunt enim quod occafione tnrba-
1 tionis inter Regent (^j- Regem Francis fuborta afftgnatus fnit Will, de
I Leyborn ex parte Regis ad Ctifodiam Maris faciendam, ratione cnjus
I cujlodi.e fuciendii Terra d^ Temmenta hominuni ejitfdem Comitatus agi~
Ifiata fuirnnt ad Cufiodiam facicndamyZnd thcAbbOt was fefTed 22 £.1.
|.4?7j.2 3 £.'.i.at f^s.and2\E.i. at l^s.AdprxdiciamCuflodiamfacien-
[dam., and becaufe he refifled to pay that, the Defendants being
' Colleftors for the Town diftrained the Abbot. The Abbot in
Bar of this Avoury fays , that for his Lands he was affefTed to find'
a Horfe
Hijioricat ColleBions.
5?
a Horfe and Man in S/tbfidiam Cufiodi.e fr^ediBx, and tliat he found
this Man and Horfe accordingly, ad, enndem Cufiodiam facivridnm,^ and
therefore demands Judgement, ft tmx & eAderu occafw»eCiifi(>di.i pr.e-
dicf£, he ought to find tlie Horfe (jr nihilominm f}\\:dttLtm pecuniam
folvtre. The Defendants maintain their avowry, and fay, that
the Abbot had divers other Lands within the Town, and that he
was feffed for them for money, and that he was not fclTcd for thofe
for the Man and Horfe, therefore iffue is joyned and day given
without any mors- thereupon that I have feen.
My Lords , Befides the Authority of it in point , thefc two'
things may further be objefted from this Cafe.
The common ufethat 22, 2^, 24. £. i. the County was agifled
ad Cufiodiam Maris,, and hkewife to find Land Forces.
My Lords, For the lafl I have before admitted, that by the Sta-
tute of Winchifier this may be done, for the fervice M'as to be
performed in Kj'rit,, the fame County where the Land lay.
My Lords, Becaufe this Cafe priwa facie hath fbme fhew of Au-
thority in point, I fliall endeavour a full and clear Anfwer to it.
By the cafe it felf it appears, that the SefTes were in time of
War, the words are occafione turbAtionis inter Regem & Re^em Fran-
ci.e ; neither was the War with Fr/twe only at that time, but like-
wile with Scotland and JVaks, and all the effcfts of War.
The French had landed in divers parts of the Realm, and in par-
ticular 2 J £. 1. in this County of Ke^^i and had burnt the Priory
and the greateft part of Dover ; Dover Haven was fliut up for a
great, part of that time the goods both of the French and Scotch
feized throughout the whole Kingdom, the Lands of all Priors
Aliens feized^ and thofe that were upon the Maritime parts remo-
ved, and Natives put in their Houfes, and all Strangers whatfbe- ,
ver that landed within the Kingdom to be arrefted : all thefe, if
any of them fliall be denied, will be made good, not only by our
Hillories, but likewife by the publick Records of the Kingdom :
fo that my firfl: anfwer is, that thefe SefTes were in time of an a£Va-
al defenfive War from the two next and greateft States unto the
Realm.
My fecond Anfwer is, that it appears not at all by any thing in'
this Cafe, that thefe SefTes were made by any Authority from
the King, for the words are only in the general, that the County
was agilfed, and that the Abbot himfelf was agifted, but fays not
by whom or whofe Authority.
That it was rtot by the Kings Authority appears by Leyboms
Commiffion, appointed ad cufiodiam pr^edithm faciendam, as the
words of the Cafe are ; for by his Commiflion whereby he was to
do this, which is Rot. vai. 22 E. i. M.S. He was fo far from
having any power to Tax the County hereunto, that he is Corn-
manded for Victuals, Arms and other things that he fliall need in
this bufinefs , that they fliall pay thofe fi-om whom they fliall
have anyfuch thing, which likewife isentredinthe CV/^ aj.E.i.
Rot. J J.
My Lords, That thefe were Parliaments in every one of thefc
years appears by the Summons, and thofe in words not ufual ; for
the great Fleet of France being mentioned, and that the French
did intend Lingnatn Anglic anam ormtim dielerc , they were now
called
^ Car oil.
Bii;^aa.»mirri.imTnin i a utrirnn i
5^2
Hifiorical Colle&ions.
An. 1637.
called dd, tract Andum Ordinandurii O" faciendum nohifinm , and the
Lords C^ aliis inculis Reani cjiidittr fit hnjiifmodi periailis obvian-
dnm, as k is ira the Clofe Roll 25 £. i. M. 4. dorf. and 24 £. i.M.j.
dor'f.
My Lords, That accordingly order was taken c//m mco//i, and
that the Gentlemen and other Inhabitants by way of By-law and
agreement amongft themfelves did make provifion in this particu-
lar, I fliall endeavour to prove to your Lordfliips, that it hath been
done at other times, and fuch By-laws good appears in 14 £. 2.
B. R. Rot. C. 6.0.
The Scots entring Durham and a By-law was made by the hi-
habitants for raifing mony, and one that refufed it was adjudi^ed to
pay it. Befides, Lerborn\\\\o was Admiral of all the En^/fllJ Fleet,
there were ChI} odes Maris in each Maritime Counr\';thefe as appears
Co''ia. 24 £. I. Rot.']%. dor/.weie choien by the Commonalty of each
County.
And that thefe together with the Sheriff and Inhabitarits did
make Orders for thoie things appears by the Co'/'/? 23 E. i. Rot. 79.
where Writs are direded to the Sherirf of /\jnt^ and all the She-
riffs of other Maritime Counties, commanding them , that Circa
Maris difiodiam vif.s frtsjtntibm MiliteSj. cr Potent iorts liber os homi-
nes dt hallii'd tuaevoces, & cum ipfis frouida circumfpectiont delibtres,
how lie Ihould do it. This, I conceive, is preflbd in point, and
the practice grounded upon that in Parliament ad ordinandum cum
incolis.
My Lords, My third Ani\ver to this Cafe is, that thefe Seffers
were for Land lervice only, and not for Shipping.
And this appears tirff by the Cafe it felf, for the Abbot in Bar
of the Avowry fays, that he was felPad to find a Man and Horfe in
Snhfidium CnfJ-odi.e pr.edicf.iy which mufl be for Land Service, and
therefore demands Judgement . fi una (^eadem occa(ione Cuftodii-e pre-
dict.e, he ouglit both to lind the Horfe and pay the Sefs.
My Lords, This is not denied by the Defendants, but they ilxy
that the Abbot had other Lands, and that this Sefs was for thofe
other Lands ; fb that it'^s admitted that the Sefs for the Horfe,
wliich muft be for Land-fervice, and that for which they avow
were both for the fame Caufe, all tlie difference is, whether the
Sefs were upon the fame Land or not ?
My Lords, If the SefTes for which the Defendants avow had
been for Shipping, they might have admitted all that the Abbot
had faid in Bar of their AvoMTy, that is, that notwithftanding he
found Arms for Land-fervice , that yet he might for the fame
Land have beenfelTed againto the finding of Shipping. Neither
do I doubt but that the Parties in the atlions now before your
LordOiips do find Arms, and yet they are felled for the Shipping,
and that it will be (food upon by the other fide, that the finding
of Arms for Land-fervice excufeth not for the Shipping.
But it may be faid, that the very words are, that the Selles were
pro Cnfiodia Maris.
My Lords, By divers Records it appears exprefly, that the Cufto-
dy of the Maritime parts by Land is called Cnftodia Maris.
Clanf. 23 E. \.m. 4. dorj. A Writ direded ColleEtoribm pecimia ad
Ctiftodiam Maris in this County of l\ent., commanding them, that
in
Hifhrical ColleBions.
533
in refpect that the five Ports were at the charge of Shipping fwd
quieti fint dt Cujtodia Maris facienda ^ M'hicli muil needs lye at
Land.
Co'ix 24 E. I. Ro. 1C). A Writ to William Bo?7ifl d" Sociis fuis ad
Cujtodiam M.iris in Com. Suffolk ajfignatis ^ and yet all that they
are to do in that Office is for defence at Land ; lo 7r. 31 £.1.
//. 20. Co'ia. This Ciiflodia M-iritimc how it is to be done appears
Rot. Parliament . 46 K. I. n. 49. and by the Statute of 5 H. ^.cap. 3.
It is to be done as heretofore it hath been done according to the Sta-
tute of /'r//7<r/'c'/^tr.
My fourth Anfwer to this Cafe is, that the Plaintiff was a Cler-
gy-man, for the Clergy having denied in Parliament to aid the
King as the Laity did this year, and at this time they liood at the
Kings disfavour, and in //. Term as appears Co'^/a H. 25. E.i. Rot.ij.
the King Commanded all his Courts of Juif ice, that if any Clergy-
man was Plaintili' in anyAftion qnod nnllur/i ei flet remediumy and
thei'efore 1Valfi??glj.im, P. 41. in his an/iatis concLtfio of tliis year of
25 £.1, fays thus, that it Wd.% ckro AngUs import abtlis, quia d'i pro-
tictions Rcgia ejl txclufm, dr per P^crem nihilominns dfpcrd.tt.
But my Lords, if I Ihould let all go that hath been faid, yet
under your Lordfhips favours, the Cale is of no authority at all;
for admitting that the Scffes were for Shipping, and that by the^
Kings Authority, yet had the Plaintiff no realbn to put himlelf
upon the point of Law , when the matter of Fad: would help
him.
For the Plaintiff fays, that he had been feffed before for thole
Lands ; the other Part fays no, but tliat it was for other Lands,
and upon this the iffue is joyned.
Nay, my Lords, if there be any Authority at all in the Cafe, un-
der favour it's ftrong the other way.
For if the Seffes were for Shipping, the Abbot fays, that before
he found Arms for the Land-Service, and demands the Judgement
of the Court, if therefore he ought to pay this Sefs too. The
other part, if the Law had been clear, might have demurred there-
upon, fo that the Authority fuays this way, that none for the fame
Land are chargeable for Arms at Land, and for Shipping too.
My Lords, Not only for the clearing of this Cafe, but of all^
other things that concern it, either in the meer right or matter of
Faft before, 29 £. i. that before the Parliament at L/mol/?,2g E.i.
all things concerning the Kings Prerogative and the Subjects Liber-
ty were altogether upon uncertainties.
The Statutes of Rimimede of Magna Charta and Chart a de forefta
had been confirmed at leaft eight times, from 17 John unto 2 9. E.i.
and yet not only the Praftice, but likewife the Judgements in
Courts of Jufi:icewere clear contrary, to the plain both words anrf
meanmj^.
By the fecond Chapter of Maona Chirta a. Rarori pro Earonia in-
'hgr'a was to pay but loo. Marks for his relief, the praftice a nd^
procefs out of the Chequer till 29 E.i, was always for this relief
100 /.
M 2 8 . £. I . Rot. '1 4. Co^ia after the death of "[John Gray that held
per Baronia^n, the quefiion was whether he fhould pay 100 /. as the
Record lays, Prout ante kec onerari fokbant, or only loo. Markes
propttr
il Caroli.
5^4
Hifiorical Colldiion
~ i
S.
Jn. 1657. I propter Confirm At lontm Mag. Chart, and this the Court would not de-
termine before they had conliilted with the King, and yet the fta-
tX!iX.Qdi M.t(i^naChartA had been confirmed but25.i1. i. and Uke-
wife the fame year, as appears by the Statute d,t Artkulis fnptr
Chartas.
Co'iaM. 52 £. I. Rot. 26. Fhillippe Marmion died 23 £. I. and
100 /. paid for his relief.
It was now 32 £. i. in queftion whether 100 /. or loo Marks
fhould be paid, and accordingly adjudged but looMarkes. The
Judgement is thus ^tiXxzA jciendum tnim quod fines iji.i of loo Marks
Admittuntur., licet haBeniPs they were always loo /. becaufe the King
had confirmed Magna Chart a 29 of his reign, and by his Writ had
Commanded the Courts to inroU it, and would have it dc cttcro in
omnibus fuis Artictdis oiofervari. My Lords, of this kind there be
many Cafes.
The Charter of theForrefl, Cap. 10. is mdlus de cetera amittat
vitam 'vel membrtmt pro venatione nofira, and yet againft the plair>
letter and meaning, Co'iaTr. 27 E. \. Rot.^^. Adam (Joiver of Scar-
buroughj as appears, had in this Kings reign been beheaded/ro vtna-
ti one in the For reft of D^;^^^^; andnawan Inquifition went out to
find what Lands and Goods he had, and then upon the return the
queftion was, whether his Land was forfeited and fhould efcheat
upon fuch an Attainder, and refolved that his Land was not to be
forfeited, P. 22 £.1. Rot. 48. The Kings Shepheard had put the
Kings Sheep into a mans ground who had diftrained them, and for
this Procefs went out of the Chequer to punifh the man, who
there pleads that he knew not they were the Kings Sheep.
And there Rot. 51. Dorf. Lejfee for life of a Mannor of the
KiuCTs with the Advowfbn accepted, by prefenting to the Ad-
vowfbn, the Court declared that he had forfeited the Mannor it
felf.
By thefe Cafes it appears, that neither the Praffice nor pro-
ceedings in the Courts of Juftice in thefe times, in things between
the King and the Subjefts, are fo much to be relied upon as the
words of the Law.
Ob. 4. My Lords, It may further be objefted, that at the Com-
mon Law, before the Statutes of Winchejter .,t\\&l^mg might com-
"^pel the SubjeQ: to find Arms for the defence of the Land, and there-
fore by the fame reafbn he may charge them to find fliips for de-
fence of the Sea.
My Lords, not granting the thing, yet for the prefent admitting
it, I fliall thereunto give thefe Anfwers.
'i. That His Majefty by the Tonage and Poundage, and other du-
ties at Common Law, before-mentioned, hath a particular fupply
for that of Shipping , but hath nothing in particular for the other
of Armes, and therefore that may with more reafon be hid upon
the SubjeO: than the other.
And yet for one of the principal things in that Statute of Win-
chefter, that is, for Watching and Warding, the Kings before that
Statute had a particular and certain farm or fum of money of
each County for the doing of it , which after that Statute the
County was difcharged of, becaufe by that Statute the County
took the charges of doing it upon themfelves, as the Cafes are,
Co'ia
Hifiorical Colleffionr.
555
Co*Ja Hi i20 £. i. Rot. 10. arid Br. Tr.^:^. E, i. Rot. 23. dorf. 1% I.
pro Cfin. and 16 /. pro Norihumh.
My fecond anflver is, That each Subjeft, and that Secundum (t.t-
tu-,n cr f.icultatesy is aheady chargeable for that of Ships, as hath
been before proved ; and therefore if lie be chargeable both in Mo-
ney and kind too, the charge is double in the one, and but fingle
in the other : Neither would it hold proportion w ith thefe Cafes
of Watching, where the County was dilchargcd of Money, when
they took the things in kind upon themfelves : And therefore this
Objeftioii cannot, as I conceive, be made, unlets His Majelfy tirft
quit all the before-mentioned Duties upon Merchandiie.
■^. My third Anf\\'er is. That in that of Arms there is only mnt.i-
tio fpccni^ changing of Money into Arms, for they remain the Sub-
jcfts ftill in property, and are in his own cuftody ; he may fell them,
or imploy them at his Pleafure for his private ufe.
But in this way of Shipping there's Obl.itio Rci, in refpefl of the
Viftuals and Mariners Wages for 26 Weeks.
4. My fourth Anfvver is,That that of Arms is not only for the De-
fence againfi: Forreigners, but in the Watchings and Wardings up-
on Hue and Cry, and otherwile, to keep the Peace M'ithin the
Realm, and for the execution of Juflice, by affefling the Sheriff,
when he fliall have caufe to ufe the Pojfe Comit.itm., and otherwife \
all which do fail in the other.
And as the ufe of Arms is more general, fb are they for the
more immediate Defence of that Element, wherein we have our
moil: ufual and certain livelihood.
And yet the ordering of thefe for 500 years and upwards, was by
Authority of Parliament.
Laftly, my Lords, in refpefl: of the Vi8:uals and Mariners Wa-
ges to be found for 26 weeks ; the Cafe in queffion as I con-
ceive, cannot be compared to that of Arms, but rather to that of
taxing the Country for finding of Souldiers to go out of their
Counties.
5 Oh]. My Lords, the next Objeftion that I (hall endeavour to
give anfwer unto is. That it is in His Majefties Power, for the fafe-
ty of the Realm, to fliut up the Ports and Havens of the Kingdom,
and thereby to make a general ftoppage of all Forreign Trade .-
And therefore , as His Majefly may anticipate gain, by barring
Men from the exercifing of their Callings, fb by the fame reafbn
may He take fbmething away.
My Lords, my firft Anfwer is. That the Law therein doth truft
theliing only with that, which being done, is moll: to his own
lofs, as in refpeQ: of the Cuftoms, and other Duties, this of pro-
hibiting Forreign Trade wquld be.
My fecond Anfwer is. That this cannot be done but in time of
War, and imminent danger ; and that this Objeftion therefore will
not be feafbnable, until the other be put in execution.
6 Oh']. The laft Objeftion is, That in divers old Charters of Li-
berties and Exemptions, the Patentees are freed de Dane^eldo &
Navi^^io ; hereby is implyed a Right. My Anfwer is, From the
fame Charters it may as well be inferred, that the Subjeft is bound
to make and repair the Kings Parks and Houfes, and to make new
Bridges, and divers other things ; thefe Charters of Exemption
I Z z z freeing
u
Qtiroli,
An. 1637.
Obj. from
matter of
f'jft and
Charge.
H/Jlorical ColleUtons.
freeing them nb Gperatiombus Dominiorum Re^alium,ParcornrK'^t^ Pon-
///.'w, and from divers other things, which by Law the Subjed is
not bound unto.
My Lords, for the Prefidents that may be brought for proof of
the ufe and matter of Facb ; as I do not profels to know them
all, fb if I did, yet time would not permit a particular Anfwerto
each of them ; I iliail therefore offer thefe general Anfwers to
them.
That moft of them, or all of them, are for charging the Sea-
Towns, and not of the In-land Counties : That befides the Five
Ports, many great Sea-Towns and Havens which have Ships, have
many great Priviledges, and are infranchifed for that purpofe, is
declared in the Parliament Roll of 13 £. 5. N'. 11. before cited.
Thole that are to find Ships, befides the many Prefcriptions for
Wrecks and benefit of Fifliing, are diicharged of Arms and De-
fence at Land, as appears not only by that Parliament Roll, but by
the Scotch Roil, 10 £. ^. A^. 28. Dorf. The Town of Shoram, in |
the County of Sul^ex, time out of mind had found Ships ; and
therefore being by the Commiffioners for the Array taxed to
Arms for the Land-Service, a Kiuperfcde.is for that very caule a-
warded.
Iter Siijfex -j E. i. Roll 6^. Dorf. William de Rriiifc Lord of Sho-
ram, upon his Claim adjudged, that all the Cuftoms of Merchants
at Shoram belonged to him, Rot. Pat. 26 £.1. M. 16. The Town
of Tarmoitth, pro firvitio Navium tmpenfo & impendcndo, are dif-
charged of all Subfidies granted in Parliament, Pro Corporibus Na-
vinm & attito, &Co'iaTr. '^ E. 2. Ro. 30. The Town of Baldfey,
in the County of Suffolk.^ for the lame caule diicharged by Judg-
ment of the Court.
Iter Cant. 2i E. i. Rot. 44. Dorf. Certain Land-owners with-
in the Five Ports have Tall"* de quohbet homine. applicantt upon their
Lands.
Petitions i £. 3. Ro. 9. Office de Pa, in confideration of the
Charge of providing Ships, the Town of Southampton petition,
That their Priviledges of having Cuftoms within the Ports be con-
firmed unto them. That they had thefe, appears H. 15. H. 4.
B. R. Ro. 59. where they are indifted for Extortion, for taking
more Cuftom than was due. Rot. Par. 45 E. ^.N.-^i. The Com-
mons pray, that the Franchifes of the Sea-Tov/ns and Havens may
be allowed them as heretofore, and that by default thereof the
Navy of EMgUnd is much decayed, to the dilallurance of all the
Realm if need fliould be. That thole that are not Maritime
Tov/ns , ought not to be charged , which is the very Cafe of
the Defendant : I fliall cite to your Lordfhips exprels Prefi-
dents.
Claiif. l^ £. J.il/. 14. Dorf. pars fecunda. The Town of Bodwine
in Cornire/ diicharged of Ships, becaufe dicfa villa portm non eft., dr
longeaMare diftat., and hath not ufed before-time to find Shipping.
And an Inquifition awarded to enquire of thefe Particulars, where-
by it appears, that the In-land Counties had not fb much as dd
facio been ufually charged with Ships.
Rot.Era?ic.i\ E, ^. M. 17. ThoihTowns quje Agaves non habent,
dr qu£ aliis Naves hahentihtis contribiitoria non exifiimty that they
niould
Hijiorical CoHe&ions.
557
fhould be difcharged. It appears thereby, that there be feme
Towns that are Members of great Sea-Towns, and are contribu-
tory to Shipping, and other Inland Towns are not contributory,
Stc/f»da Pars Pat.i. R. i. M. j\2. a Cburtrt 51 E. 5. whereby it
is likewife recited, that the Burgefles of Bcvcr/y had by their Peti-
tion in Parhament complained. That that Town is />^ /aco arido, &
a M.ir'i^ that ad fimjiram procurationem qiiortindam Machinantinm ip-
fos indtbite prj:gravare ad contribnendiim fimtd cum hornMtbus vilU de
Kjngflon fnptr Hull, to the making of a Barge, per mandatnyn Re-
gis. Now tiiey pray dt ommbm & fiagnlis hiqfifmodioneribm i??[oli-
tls, to be difcharged by the Charter; it appears that they are dif-
charged accordingly, and this now exemplified 2 R. 2.
2. To thofe of 48 //. 3, both for Taxes for Souldiers, and fbme
to Shipping, I fliall give a particular Anfwer : That it was then
'lempus Belli, when the Courts of Juftice were fliut, for the Com-
miflions went out after Jpril; and in the Red Book /"o. 241. 6. it
was I'empii-s Bell/, from 4 Sept. 48 //. 5. till the i6tlj of Sept.
49 //. ^. and that the Courts of Juftice were fliut, appears in 49
H. '^. R. i\. Co^ia Scaccario non fuer* Barones rejidentes i/tScaccario ad
Paf. 48 //. ^. and Co'*ia Paf. the 49 //. 5. propter turbatiomtn nuper ha-
bit a?n ; there were no Sheriffs i» aliquibm Comitattb^s, 48 //. j. and
thole that w^ere , fion potutrunt fic facere qua ad (Jfficiufu Vie'
pertinebat.
7,. To thofe Commiflions that went out before 29 £. i. I have
given an anfwer already, That the liberties of the Subject had been
adjudged againft the direfl: words of Magna Chart a.
To the CommiHions 50 £. i. M. 9. In the Patent Roll de puniendo
homines that refufed, it is quia ad rogatu?n Regis mittere concejferunt
fb many Ships ; and if a By-law were good to bind them, as is be-
fore proved, as well as their own promife .• neither have I feen any
legal Proceedings againfl: any ot" thofe that refufed at that time,
fave only againft the Five Ports that are cited by their Service.
P. 5 5 £. I . Ro. 58. B. R. & Ro. 82. againft Seaford, as a Member
of the Ports, and the Charge is. That per fervitium tenenP invenire
unam navem.
5. For thofe of £. 5 ^V time, His Reign was for the moft part
a time of War, and that the offenfive brought a defenfive upon the
Kingdom is plain. Wal. fays, That P. 119. 10 £.5. t\\t French^
Wal. P. 151. burnt Southampton. Stoive P. 254. 12 £. 3. They af
faulted Southampton, and burnt part of Plimouth. 13 £.5. They
affaulted the Ifle of Wight, Rot. Parliament i^ £. 5. pars prima
N. 9. That they had done much mifchief upon the Coaft, and con-
quered the Ifle of Jernefey.
Scotch Roll 10 E.^.M. 5. Dorf.dr M. 2. AH the Ports through-
out England fhut up.
My Lords, in thefe years, wherein moft of thofe Writs ifllied,
the great danger appears , and yet that the Charge laid upon the
Country was by Law and agreement.
I fhall cite to your Lordinips the Scotch Roll 10 £. ^. M. 5. The
French riding at Anchor at the Ifle oflV/ght,the King fent divers Pri-
vy-Councellors to Dover, znd commanded all the Oflicers,Maftersof
Ships,Mariners,and Inhabitants,from the Thames to the IVefl to come
thither, and ad tra^andum with thofe Lords of the Council about the
Zz,z 2 Defence
l^ Carols.
558
Hifloricdl ColleBiom.
//». 16^7. Defence at Sea by Ships; and in the Records recited, that not-
withftanding the Kings former Command, hacienm qmcqnrd mn fe-
cer' tn pr.emij/is^ the Writs for Shipping ilTued before, and were not
executed, and therefore now a CommilTion, if fo it might be done
withconfent. 20 £. ^. Other Writs went out, Ro. Fr. feciifida pars
M. 24. 20 £. 5. writ to Tarmouth, propter pericula Marii^ to flop lip
their Havens ; and Rot. Fr. prtmn pars M. 19. Dorf. That no Fiflier-
men go ouHb Sea.
CUiif. 10 £. ^. M 2^. I fliall endeavour a particular Anfwcr to
this : The Writ (ays, That fadia pro defenfwne fuper Mare folvi non
fokbant temporibm Progenitor'' of the King.
To this I ihall give this Anfwer, That thefe Wages were derhan-
ded before the time of their going to the Service ; and the Record
is, That hii'ptfmodi 'vadia have not been paid.
2. My Lords, If this Anfwer be not fufficient, my fecond An-
fwer is, by denying the King ; for befides that of 1 5 'Joh. in that
time of neceflTity the Ships were to lerve ad libtrationes^ & ad fii-
pendta. Regis^ and 46 H. ^. M. 4. both in E. i. E. 2. and this Kings
time, before the tenth year of His Reign, Wages for Defence were
frequently paid.
My Lords, Becaufe I know not how far this will be ftood upon,
I fliall fpare the citing of any of them, and fliall to this purpofe
cite to your Lordfliips only this Cale : It is amongft the Pa.
Petitions, i E. ^. and tmnfinitted into the Chequer, H. 2. £, 2.
Dorf. J
The Fifhermen upon the Coaft of Tarmouth, 20 £. 2. were daily
robbed and killed, and for Refoue of them, thole of Tarmonth were
commanded to fet out fome Ships to Sea, and Jdam Bridlington,
the Kings Clerk, fent with 500 /. to fet out this Fleet, M'hich the
Men af Tarmonth intended they fliould have as Wages for the Voy-
age ; but the Clerk would not let them have above 2 p /, and that
as Money borrowed of the King ; and for this they gave their Bond
of re-payment hereof, i £. ^. They complained in Parliament, and
pray, That they may be difcharged of the 2 jo /. and that the Bond
may be cancelled ; which is adjudged accordingly, and tranfniit-
ted into the for a Tryal, whether they had done the Service
or no.
My laft Anfwer to thefe Prefidents is, That the Matters of Faft
in thefe years, to the violation of the Subjefts Rights, procured'
upon frefli Suits, not only the before-mentioned Stat, of i4£. ^.
Cap. I. againft any Charge to be laid upon the Subject without af-
fent in Parliament.
Bnt afterwards they complained in Parliament, 15 £. ^.A''. 9.
That their Goods were feized, and their Bodies taken without any
Suit commenced againft them, contrary to Ma^na Chart a, and the
Statutes and Ordinances made thereupon with fo much difcretion of
their Anceftors.
And in particular, in the Parliament Roll of 22 £. ^.A-". 4. for
the guarding of the Seas. And in 36 £. 5. A^. 9. and 37 £.5.
A^. 2. as before in i 5 £. 5.
My Lords, I am now come to the laft thing, which is the Proofs
in the Point, which I fhall humbly offer to your Lordfliips. My
Lords, thefirfl Authority that I fhall cite to yourLordfLips is, the
l\itenr
Hiflorical Collcchom.
559
Patent Roll 26 E. i. M 21. whereby I Ihall endeavour toprOve to
your Lordlhips thefc two things.
1. The confedlon of that King and His Council, That He was
fb far from having power to tax the People for the CXiltody of the
Seas, as that he is bound to make fatisfaftion for any thing taken
from the People for that purpofe.
2. The fecond, That the Charges laid upon the People for the
Cuifody of the Sea, were the principal grievances that o'ccafioned
the making of the Statutes of 25 £. i. and dt lalitgio mn concc-
(krido.
For the laft, the King there declares, That He had a defire to
redrefs the grievances made to the People in His Name, and in-
llanceth what they were, 'vdutl de rtbiis c^ptis in Ecc/cji/s, & omul-
mod'! s alijs rt'bii-s captis O" nfporttitis , tnm dc Ckrjcis cjitam dv Laicis^
five pro Cuftodia. Maris, "vtl alio modo quociuje^;. Whereby , my
Lords, there's an acknowledgment, that it is a grievance, and to
be redrefled, to lay any Tax upon the Subjei^ for the Cuftody
of the Sea
Commidioners are
there named throughout all
EngLtnd ,
to
enquire of thefe grievances ; herein they are to j^roceed accor-
dingly to certain Inftruftions from the King and the Council.
Which are thefe three.
1. Whether the things were taken without Warrant; and if fb,
then the Party tiiat took the Goods is to make fatisfaftion, and fur-
ther, to be punifhed for theTrefpifs.
2. If there were a Warrant, whether the Sheriff, or other Mini-
fler, tookmore than the Warrant allowed; iffo, then the Officer
was to make fat is faction.
5. If all were done according to, and in puiTuance of the War-
rant, and no more than upon certificate thereof unto the King,
as the words are, it tn ferra tant que il fe fendm appayes pro reafon.
The King hereby promifeth. That whatfbever things were ta-
ken from the People, by any command of His, for theCuflody of
the Sea, that he will make reafbnable fatistaftion to the Party
for fuch things.
My Lords, for the fecond thing, that is, That thefe grievances
occafioned the making of thefe Statutes, is clear from the words of
the Patent ; for they were made, Poft guerr/tm inter Re^em, cr Rc-
gem Frmci.e ; which, as appears by tlic Cafe of the Abbot of /\^;-
berdsbridge^ was from 22 £. i. until 25 £.1. and by all ourHillo-
rians, and many Records.
It appears likewife by thofe other words, that the King, before
His going into Flanders^ intended to have remedied thofe grievan-
ces ; He w ent over in September 2 5 E. i . and the Statute 2 5 E. i .
was made the \oth of okober after.
Hence likewife it follows, that the exception of the Kings an-
cient Aids and Prizes, mentioned in the Statute of 2 5 £. i . extends
not to this of ehafging of the People to the Cuffody of the Sea ;
that being one of the principal grievances that occafioned the
making of it. That the fame grievances cauled the ranking of the
Statute de. Jall.igio, I have before offered the proof to your Lord-
fliips.
2. Mv
I ^ Cdroli.
540
'
Qu(f di ceux
parol/s en It
Record.
Hiftorical Colle&ions.
2. My Lords, The next Authority which I fhall prefent is the
Co'i.t H. 2 ^. £.1 . Ro.-jf. there the King commanded 30 Gallies to be
made by (everal great Towns, every Gaily was to have fixfcore Oars
a-piece. Thefe wqxq pro defevfionc Regni & fnttrttAte Maru . My
Lords , the Cafes are many in the Chequer , where the Mony
for the making of thefe GaUies was recovered againft the
King.
I confefs, my Lords, that the King had promifed payment to
thole that made them, which I fliall thus fubmit to your Lord-
fliips : That in cafe the King might have commanded the making,
of them at the Charge of the Towns, that then the Kings Pro-
mile was but Nudmn pactum^ in promifing payment for that which
by Law they might have been forced to do ; And lb the payment
reft-ed only in the Kings Grace and Pleafiire. But, my Lords, upon
Suits in His own time of £. 2. and E. ^cCs time, the Money for ma-
king thefe Gallies was recovered by feveral Towns. Af. 29 E. i.
Ro.2g. DorfAoxTork. M. 31 £. i. Ro.'j'j. Ipfvich and Dom^ich.
P. 5 E.2. Rot. 21. for him, prota jujltim fuerit, nothing having
been paid before.
Bra. M.6 E.2. Rot. 14. Both for the Gaily made at SoutLvnptoK,
:and bringing her to Wimhelfty at their own Charge,
Pr.ecepta P. i £.5. All the Money from Southampton not being
paid, now ordered that it Hiouldbe paid.
3. My Lords, The next Authority which I fliall prefent to your
Lordihips, is the Parliament Roll of i';^ £. 5. Pars prima N.c). and
II. The Caufes of cahing the Parliament are declared to be
Three.
1 . Firil the keeping of the Peace.
2. The defence of the Marches.
5. The third, the fafe-guard of the Sea, that the Enemies
might not enter the Realm to deftroy it.
Thefe three Points for the Commons to advife upon, are put inta
writing, and entered in the Roll.
My Lords, by the Articles themfelves propounded on the Kings
part, it appears that the Commons are not chargeable to the guard-
ing of the Sea ; for it is propounded unto them with caution. That
not being bound to the guarding of the Sea, that this advice of
theirs fliould not be prejudicial to them, to bind them thereunto,
and that there are Ships enow in England to do it, if the People
were willing, N. 11. The Commons afterwards, in debating thefe
Articles, when they came to this of the Sea, notwithilanding the
caution before, they are afraid, that if they fhould debate it, that
it might imply that they are chargeable to do it ; and therefore
they protefl againft giving any advice therein, as a thing whereof
they have no cognizance ; and do further declare, That the five
Ports, and divers other great Towns that have Franchifes, and are
bound thereunto, that they fliould do it.
And therefore the Merchants, Maimers of Ships, and Mariners
through England., are fummoned to be at the next Parliament for
advice about Shipping.
4. My Lords, The next Authority, is the Parliament Roll 20 -/^. :
5. A^. 21. The Commons petition in thefe words, qm la gardde la
mere fe face defer its Res foit k gard ft ?nan ad refait am ant I'ls fi-
nals
Hijlorical CoUecfiom.
54'
nois ut fcmbk cjm MtUiur gard ne poit eftre fait que le Roy ne fait
no poft il de marrit i(Jint per de /a fur Ca gr/er"* fir /""' de fa/re dt cefi
terr*.
My Lords, The Commons having formerly granted the King
divers Aids and Subfidies upon Wools, Wooll-fells, and Leather,
and otherwife, for the guarding of the Sea, they now grew weary
oF it, and defire tliat the King himlelf from thenceforth fhould
bear the whole burthen thereof, and charge him with his promifc
to that purpofe.
My Lords, This Petition, although in the Name of the Com-
mons, yet the Lords joyned in it ; for otherwife all our A£fs of
Parliaments of thofe times being made upon Petition and Anf \\ er,
fliould be without the Lords alfent. Hence it appeared, that tlie
whole Kingdom at this time was (b far from thinking that the
King could charge them without their confents, to the guarding
of the Sea, as that they alleadge that the King himfelf ought to
bear the whole Charge ; neither doth the King deny His promile,
nor wholly deny the thing ; for though he fays, that it fliould be
done as hath been done before, yet it is with a qualification, be-
caufe the Sea cannot be better kept than he hath kept it, by reafbn
of his fb often being at Sea in Perlbn, in going and returning from
France^ and diverting the Enemy by his Wars in Fr^t^^^e ; if the
King had given His ablblute denial, yet here'sthe Judgment that
both the Houfes of Parliament exprefs in Point.
Rot. Franc' 21 £.3. Secunda pars N. 11. and 9. The Merchants
had granted 2 s. 8 d. upon their Goods till Michaelmas^ for provi-
ding 120 great Ships pro fecuraconduBione Navitim & Merchaadi-
zaram^ (jr pro dtfenjione ceterarinn ma.ritinarum Regni^ c^ aliis pericii-
lis his guerrinis temporibm regno venientibM. This Grant being
made by Merchants, the King alleadgeth this was not fufficient for
the Service, and the caufes of the ftoppage of Trade by reafbn of
the Wars : the King now lengthens out the time from Mc/^. till
Eajter following ; and to fatistie the People the King by His Pro-
clamation declares. That the 2 s. 8 d. fhall ceafe at £.2/er according
to the Grant; which, as it fliould feem, not fatisfying the People,
or the King ftill continuing the taking thereof, the Commons in
Parliament, 22 E. -^.N. 16. pray, that it may ceafe, and that by
procurement of no Merchaht, Pluis P argent foit continue.
The Anflver is, that it fliould ceafe.
My next Authority is the Parliament Roll 2 R. 1. Pars fainda
N. 5. before cited, where the great Councel and Sages of the
Kingdom refblve, That the Commons are not chargeable to the
Defence of the Realm without Parliament, extends to this Parti-
cular of the Sea, for the prefent preparation whereto the Com-
mons are not chargeable for defence at Sea ; and therefore the Mo-
ney lent was to provide an Army for the Sea en defence & falvation
del dit Realnte., <jr de la navie, cr des co fliers deP mere.
My Lords, The next Authority is the Parliament Roll of 2 H. 4.
N. 22. Commilhons to charge the People to make Ships for the
defence of the Realm without content in Parliament , repealed
by the King, and the whole Parliament, for that very caufe.
Item
1 5 Caroli.
An Impofiti-
onfauc for half
a year, and
that upon
Mercliandife ,
and by con-
Tent of the
Merc!i3nrs,for
ciie Defence,
yet taken off
upon com-
plaint.
54-
Hiftorical Collet ions.
Jf?:l6^-J-
Pcrfeft
per U K.
this
cur d^
Item pur ceo qtiere tarde divers Comm'tffions faertmt fait an divers
€ ivies, Burrowis & Villis du Roytme piir faire certein barges & ballin-
gers ji* d^ent da Parliament, & outment que efire fait devant ccs
'. /mires »' ks Commons prove a no(ire fur le voy (jus ks dits Commiffions
foyent repedes, & qi^ils ne foyent de mil force ne fait a qHe fitit re-
fpondtis que le Roy voet que m les Commifflons foyent repeaks in touts
points mes pur le or and necefftie que ad des tiels iteifes pur defence du
Roylme en Caje que les queiis fe prime nt le Roy voet Communer de reft
matter ovejq; les feigniore, (^ puis apres le monflre ove dits Commons
pur eut aver lour Connfladvif in tiel part. The firft Commidions
repealed, becaufe the Commons were not chargeable without
. eonfent in Parliament ; and now the King will put it into the Par-
liamentary way by doing with afTent of the Lords and Com-
mons,
8.
The
My Lords, my next Authority is the Par. Roll 9 H. 4.
eaufe of the calling of the Parliament is for the fafe-guard of the
Sea, and of the North Marches ; and A^. 17. great mifchief fliewa
for default of the fafe keeping of the Sea ; and N. 2 1 . It's there in-
rollcd by the Kings Commandment, that there was Communica-
tion had between the King and the Lords of the Defence of the
Realm, and for refifting the Enemies, who made preparation on alt
fides, whereunto fufficient refifhmce cannot be provided, without
that the King have in His Parliament fome notable Aid granted
unto him.
My Lords, The King hereby acknowledgeth, that he cannot
without the Parliament charge the People for the fafe-keeping
of the Sea, that being the principal part for the defence there in-
tended. The fame with the Summons, that without the eonfent
of the Commons, neqotia yrxdicla infra remanerent ; and with the
Summons in the dole Roll, 23 £. i . before-mentioned, quod otnnes
tangit per omnes debet approhari.
My Lords, the next Authority in the Parliament Rolf, 4/f. 4.
A^. 28. The Lords Spiritual and Temporal , and the Commons
grant to the King a Subfidy upon the ftaple Commodities, and
Tunnage and Poundage, and likewife a 10/^ and i<^th with this
proteftation,
Protefiant que cejl grant en temps avener* ne foit pajfe in ex-
ample de charger les dits feniors ne les Commons du Realm? de nul man-
ner Subfidie ne icth ne i 5th a les guerris defcore, gates ou fafeguard de
mere s'ilnefoit Pies volants des Seigniors & Commons de v eft re Rsalm,
(^ ceo a novel grant fiire in plein Parliament,
Rot. Parliament. 6 H. 4. A^. 12. and
Rot.. Parliament, i H. 5. A^. 17. the fam.e Proteiiation as be-
fore.
My Lords, That the Charge of the Defence at Sea, and that
in a large proportion, by realon of the before-mentioned Duties,
is to be born by His Majefty, I conceive that it will not be denied,
that in Subjediam, and Aid of His Majefty, therein the Commons
are not chargeable without their content in full Parliament : in
thefe three Records there is not only thefe Proteftations of the
whole Realm, being made by the Lords and Commons, but like-
wife thefe Kings contents, by accepting the things granted, and
that without any qualification of the Protelf ations. Thefe Prote-
^ ftafions.
Hiftorical ColleOions.
543
ftacions, that they are not chargeable to the guarding of thx Sea in
a certain way, as are loths and i e^ths, do much more tail in a way
uncertain, as here.
My Lords, my next proof is from the praftifc of former Kings
in their frequent demands of Aids in Parliament, for the defence
of the Sea, as well before the Statute of Tunnage and Poundage,
as then ; and fithcncc Monies borrowed by the former Kings Tor
Ships and Defence at Sea, and Indentures of Reteyner for thatpur-
pofe at the Kings Charge.
And not only fb, but upon Suit, allowances in the Chequer for
Viftuals, Mariners Wages, Archers, I^ifbners taken in Sea-Fights,
pro dcfenfioyie, and all otlter things neceffary for Shipping, when for
the Defence of the Realm. Whereupon the flime Argument may
be made in this particular for the Sea, as was before for the Defence
in general.
The lafl: thing which I fliall prels, is that of the five Ports.
Their Service is certain in refpect of the time, but 1 5 days in a
year, in refjieft of the Charge, but 20 Men and a Mafter, the num-
ber of Ships certain.
Befides, that they are difcharged of Arms for the Land-Service,
they have divers other Priviledges for the doing hereof; they
were free from all Aids and Subfidies granted in Parliament, and
are by Privy-Seal difcharged thereof, H. 2. £. j. Co'ia, about the
end of the Roll.
They are freed from all Tolls, Murage aud Pontage throughout
the Realm, which bringeth a greater Charge upon the rciT: of the
Subjefts.
My Lords, I fhall thus offer it to your Lorddiips, if they that
have thefe Priviledges fhall ferve but 1 5 days in a year, how the
others that have no Priviledges at all Ihall do it for 26 weeks, as in
the Writ.
Secondly, their Charge is certain in the number of Men and
Ships, how the reft of the Commons, that are fb far from having
any Priviledges or recompence for it, as that they do contribute to
this Charge of the five Ports, fliall, as by the way in the Writ, be
altogether uncertain in the matter of Charge, both in the number
of Men, and of Ships, and of every other thing.
My Lords, I fliall preis this farther, thus, when the Ports exceed
their Charge in the number of Men or Ships, allowance by the
King is to be made unto them.
This, as it appears by the Qiiier of Dover, and the Patent Roll
of 7 //. 7. before cited, that after the 1 5 days they were to be at
the Kings Charge. So in the Patent Roll, 19 H. 5. 14. be-
caufe they found 40 Men in the Ship, the King promileth payment
for all over and above the number of 21. Bra. Tr. ^^ E.i. R. 22.
allowance to Service in Scotland. The ScotSy as appears by IVal.
P. 5^. and other-where, having about that time burnt divers
E;?g//JIj Towns and Ships, and a School-houfe with 200 Scholars
in it.
f^/fiij Com. P. 55 £. 1. jR. 70. Pro in^ienio Ro. Scotland.
P. ^^ E. I. Ro. 37. Co^/a la Cofnpofition.
A a a a
My
544
Hifiorical ColleBions.
An. 1637.
My Lords, if the Ports, who are bound to the Defence at Sea,
when they have performed their Service, be not compellable to any
farther Charge ; I fhall humbly offer it to your Lordfhips, whe-
ther thofe that be not bound at all, are from the fame realbn
chargeable at all.
My Lords, I have now done, and fhall not further prefs upon the
patience of your Lordfliips.
I know that nullum Tempui oocurrit Rtgi : The difule thereof I
fhall prefs it no otherwife than as it is an Interpretation of the Sta-
ture made againft all Aids and Tallages in general, and of the com-
plaints in Parliament of 5 A^. 9. 56. A^. 9. and 37 E. 7,. That thofe
Statutes had not been duly kept : And further, as it is an Interpre-
tation likewife of the before-mentioned Declarations , Petitions,
and Proteftations againfl this in particular, and as it is an execution
of them, and putting them in praftice.
Praxis Sanctorum, as the Divines fay, efi interpret ^r^sceptorum.
The Claims which anciently the Subjeflt hath made upon the
Crown, that none of the great Officers of the Kingdom could be
chofen but in Parliament, nor that the King had power to fell any
of the ancient Crown-Lands ; the difule it fhews , that thofe
Claims of theirs were not legal.
Bra. in his fourth Book, fo. 209. fays. That long a Patientia tra-
hitur ad confenfum ; the Non-Claims therefore of fb many of the
later Kings and Queens, I fhall prefent unto your Lordfliips , as
fb many le Feat's and Declarations of their feveral confents ;
That without Affent in Parliament they could not have laid
the like Sefs upon any of their Subjefts , as is now laid upon
my Clyent.
The Und of Mr. St. John's Argument,
Sir John Bankes Knight , the Kings Attorney-
General^ his jirji days Argument in the Cafe of
Shif -Money in the Exchequer-Chamber, De-
cember 16. 1637.
May it pleafe your Lordjhipj.
THere was a Scire Fac' brought againft Mr. Hampden, and di-
vers others, to fhew caufe M'hy thofe Sums of Money Seffed
upon them by the Sheriff of Buckingham fliould not be paid and
anf\\'ered. It beareth Tefie 22 Maii 1 5 Car. and a ScP Fac'' Return-
ed : Mr. Hampden demandeth Oyer of the original Writ 4. Aug.
and of the Certiorari, Mittimm^ and feveral Returns. The Writ
of 4 Augufti went out to provide a Ship of 450 Tun, with Viftu-
als. Men, Munition, &c. The Writ giveth Power to the Sheriff to
make an Affeffment upon the County, and giveth Power of Di-
ftrefs and Imprifbnment contra rebelles in cafe of Non-payment.
He demandeth Oyer of the Certiorari , which condfteth of two
parts, the one to certifie the Sums affeffed, the other to certifie the
Names of the defaulters. And the Names of thofe that made de-
fault were Returned, and Mr. Hampden amongft others. He de-
mandeth
Hiftorical Colle&ions.
545
mandeth Oyer of the M'nmms^ which doth recite the tenure of the
firft Writ.
Upon Oyer of allthefe, both of the Writ 4 Augu(li^ of the Or-
tiorarij Mittimus , and -S'c/' t'ac' , and their leveral Returns , Mr.
Hampden hath demurred in Law.
The Cafe that arifeth upon this Record is thus : The King is
Lord of the Sea, That*s part of the Record. The Sea is infefted
by Pyrates and Turkj^ who commit depredations, and take Goods
of Merchandizes , both of the Kings Subjeds , and others that
traffick there, and carry them away into Captivity. There is pre-
paration of Shipping, eminent danger ; for fo the Writ reciteth :
A danger, that the Kings Dominion at Sea fliould be loft, or at
leaft diminifhed. There was a farther danger, that Salm Regni
periclitabatiir : Whether in this Cafe the King,/-;-;? dtfenftone Regni,
tiiitione Marify SfC. may command His Subjefts, per tot'am Angliam-y
by Writ under the Great Seal to provide Ships at their own'Cofts
and Charges. And this when the King in His own Judgment
conceiveth fuch a danger as doth necelTarily require this Aid. That,
under favour, is the Quellion upon this Record.
There is in this Record, whereof your Lordiliips are Judges,
four Writs, (i) ^Aud^ufti 11 Or. which goeth out of theC^.z»-
cery for the letting forth of this Ship of 450 Tunn. (■!) That gMartit
Car. and that's the Certiorari. (5) 5 Maii 1 j Car. which is the
12
Mittimus. (4) 11 Maii 13 Car. which is xkicSci^ Fac*. The fe-
condand the fourth Writ, which is the Certiorari zv\^th& ScP Fac\
they are Returnable. The firft Writ and the third Writ, which is
the Writ 4 Augnfii, and the Mittimtt-Sy they have no Return ; but
they give command, and require execution fhould be done, front
de jure, &"C. ftcundiim confttetiidinem Anglix.
The firft Writ, which is the ground of this Bufinefs, ftandetli
upon two Parts, viz. k Preamble, and the Body of the Writ : The
Preamble, that containeth, firft, a Direflion ; Secondly, the Motive
and Caufes of the iflliing of the Writ. The Body containetli fix ;
The direc>ion that is unto the Sheriff of the County of Bucks ^ Nec-
non unto the Bailiffs and Burgeffes of Buckinghamy and probis ho-
minibtii of all the Coimty. The Motives, and the Reafbns indu-
cing this Writ, are nine in number, (i.) Q^ia Piati, kc. That
thefe commit fpoils and depredations by Sea, and take the Goods of
the Kings Subjefts. {2.) Becaufe they carry the Kings Subjefts
into milerable Captivity. (3.) Becaufe of the preparation of
Shipping that is made imdiq; to infeft the Coafts. (4.) ^ia pe-
ricuium, S^c. (5.) jQuia pro defenjione Regni, tititiofte Maris, hc.
(6.) Qma pro repulfione, 8fc. ' (7.) Qjiia Frogenitores nojiri Reges
Anz^t , Dominium Maris temporibm, &C. (8.) Quia onM defenfionis^
S^c. (9.) The moft prevalent, Qjiia hoc per Legem & Confuetudi-
nem Angf^ &x. The Body of the Writ containeth feveral Man-
dates to the Sheriff, and Head Officers, quod fide ^ ligeantia., &rc.
ficut nos & honorem diligitis. The Mandates zre fix. i^i.J To pro-
vide a Ship of 450 Tunns, well-armed, and furnifhed with Provi-
fion, and that was to be in readinefs by the firft of March, to con-
tinue for the fpace of 26 Weeks, ad proficifcencC cum Navibm no-
firis pro tuitione Maris ^ SfC. (2.) Mandate was a command untO
the Sheriff, and the Head-Officers, that they fhall meet within ^o-
Aa a a 2 days,
: J Caroli •
54-6
Hiftorical ColleBion^,
jfi. 1637.
days, and fet doM^n what Ihall be taxed upon the incorporate
Towns. (5.) A Cof»mmd unto the Head-Oihcers of thofe incor-
porate Towns, that within their BayUwicks they make an AlTefT-
ment upon particular Perfons, and compel them to pay the lame.
(4.) A Po)vtr unto the Sheriff to Affefs all within the relidue of the
County, jV/jf/^.t Ihxtum & facnltatem. (5.) A Command for the le-
vying of thole Sums by diftrels, ut contra, rebelles, to imprilbn their
Perlbns. (6.) That no part of this Sum coUefted Ihall be con-
verted unto any private ule ; but if any Money be remaining,it fliall
be paid inter Jo hen da.
My Lords, the Reafom expreffed in the Writ might juftly latisfie
any Man's Judgment without further Argument ; but I fhall clear-
ly manifefi:, there is no Claule or Particle in this Writ, but is verifi-
ed by many Records, and is ficundum Le^em (y- Confuttudintm Ang-
lix. The Queftion that is made is of a high and tranlcendent na-
ture : It concerneth the King in thole Cales , where He in His
Royal Judgment Ihall conceive a tieceffity for the Defence of the
Realm, to command Shipping in this kind ; whether by His Royal
Power He can do it, or muft require the Aid ^er Commune Concilium
in Parliament''. And I conceive His Majefty may do it, not only by
His Kingly Prerogative, but 'Jure Majeftat/s. This Power is not
only inter Prerogntiva Regis , fed inter Jura Summx Majeflatis.
I find by many Records, that thele Writs have ilTued out in all fuc-
ceflion in the times of the Saxon before the Conqueft, But I never
find that this Power was ever Judicially queftioned in any Court at
Weft-minfccr. I find queftion made touching AfTeffments, whether
they have been equal ; touching the levying, whether within the
Warrant of the Officers ; touching the dilcharging of Ibme by
reafbn of a Grant of exemption : but to queftion the main Power,
whether the King by His Royal Power might command this for the
defence of Himfelf and the Kingdom, was never dilputed. But
His Gracious Majefty, who hath declared Himfelf, that He Mill
rule His People according to His Laws ; for the fatisfaftion of the
People, and to clear His Juftice and Judgment, doth fufler thefe
Writs to go forth, to which fbme have demurred, and to be que-
ftioned in this Legal way to be determined by your Lordfliips, to
which I hope you will give a clear end.
My Pofition fhall be this, That the King, as He is King of Eng-
land., pro defenfione Regni, tuitione Maris, ^c. When His Ahjefly in
His Royal Judgment conceiveth it time of danger, as doth necejfarily
require the Aid commanded in this Writ, that He may command and
compel His SuhjeBs ^ per totam Angliam, to fet forth Ships with
jMen and Munition^ and double equipage ; and this may he done as well
by the lyings Writ under the Great Seal, as confent in Parliament.
For the Proof of this Pofition, I fliall reduce what I have to fay to
theie Heads, r. That this Power it is inter Jura Summx Majeflatis
innate in the Perfon of an ahfolute Kjng, and in the Perfons of the
Kjngs of England ; ^o inherent in the King, that it is not any ways
derived from the People, but relerved unto the King, when Pofitive
Laws firft began; and that in this Cafe the King is the Sole Jud^e of
the danger, and how this danger is to be prevented and avoided :
This is my firft Ground. The fecond is this, That this Regal Power
it is not confined to the politick advice, that the King muft be in
Cathed.ra
Hifiorical ColleUions.
547
Cathedra fitting in Parliament. But that it hath been always done,
either pvr tpjum Rcgem, aut per (Sonciltton, ant ptr Domn/os Juosy
ant per Regent , when He (hall plea(e to call a Confultation of
Merchants and Portfrpen experienced in the Service.
My Lords, upon this Head I fliall prove unto your Lordfhips,
that this Power is fo inherent in the King, that during the time of
Parliament, and in thole years when Parliaments were fitting, that
thefe Writs ifliied out by a Regal Power, without any Power of
Aid in Parliameut ; and that Advice was not thought neceffaryin
former times. In the third place I Ihall fliew your Lorddiips out of
the very Title which the Common Law of KngUnd giveth to the
King, that this Power is implyed out of His Sovereign Title given
unto Him by the Common Laws of Efjglmd. In the fourth Place
I fliall infifb upon Prefidents, and herein I fhall defire you to take
notice, that thefe Writs have not ifTued out at the firft upon any fud-
den advice, but that there was a great fearch made firft by my
PredeceiTor Mr. Noy, a Man of great Learning and profound Judg-
ment ; other Searches made by the Kings Counfel, and fbme others;
and a great number of Records were confidered of, and maturely,
before thefe Writs iffued ; fo nothing was done upon the fudden.
And we that are of the Kings Counfel did think it fit, that mofl: of
thefe Records fljould be cited in the Hrft Argument by Mr. Solicitor^
to the end that the Counfel at the Bar might give an Anfwer in
their Reply. Many other Records have been added by Ms.Solici-
tor, and many more I fhall cite which have not been remem-
bred.
My Lords, in the vouching of thefe Records I fliall obferve eight
things. Firft , That the Records we infift upon , they are not
grounded upon any private Cuftom, upon any Charter, upon any
Covenants, but upon the Law of the Land. And there is not in any
of thefe Records any recital, that thefe Writs went out upon any
of thefe Grounds. 2. That in all Ages before the Conqueft, and
in the time of IVtlliam the firft, that thefe Writs have ilTued, per
ipfum Regemy per Regem dr Concilium^ and did not ifTue by any Ad-
vice in P.trliament. 5. That thefe VVrits were fent out, not in
Cafe of Hannibal ad portM, or an Enemy difcovered, or fudden In-
vafion , but in Cafe of rumors of dangers, and in that a danger
might happen ; fb not in approach of an Enemy, but in Cafe of
preparation to be provided againft an Enemy. 4. That the King
did command Shipping to be fet forth, and in thofe years wherein
there were Parliaments, and fitting Parliaments, and by His Regal
Power, without advice in Parliament. 5. That great Subfidies
and Aids have been given unto the King in Parliament, pro d.fen-
(ione Regniy in the fame years that VVrits \\'ent forth fOr the De-
fence of the Kingdom. 6, That thofe Aids have not only been
required from the Maritime Parts, the Ports, nor from the Mari-
time Counties, but from the In-land Counties, as this Cale is B'fck-
inghim(hire, and per tot am Jngliam. 7. That many times when thefe
VVrits ifTued, there hath been no fuch Caufes declared, as hath
been in this Writ. I fhall obferve, that in many of thefe VVrits
no caufe at all was fet forth in them,but only that they fhould repair
to the place of Randezvous, and there receive further direction. 8. I
fhall verifie every Claufe of this Writ by many Prefidents. A Man-
damns,
I J Caroli.
548
Hiftorical ColleUiom.
damns, and not a Mandmms RogAntes Shipping at the charge of the
County and alTeffment by Sheriffs as Commiirioners, and a penal-
ty greater , not only Diflreis and Imprifonment, but exti^nt of
Lands, feizing of Goods till the King were paid. Thefe are the
things I Ihall obferve out of the Prefidents when I come unto
them.
My Lords, In the fifth place, when I have laid thefe foundati-
ons, I ihall then difpel thole mifts that have been raifed, remove
thofe Forces that have been muftered, and anfwer the Objeftion of
thofe Gentlemen that will not be defended by the Kinps Writ un-
der the Great Seal. And in this give a particular anfwer to the
AdHis of Parliament, that they have cited, to the Records that they
have infifled upon, to the Reafbns and Authorities. And I fl^ali
anfwer their exceptions that have been taken unto tlie feveral
Writs, Records, and Proceedings thereupon, hi the fixth place I
lliall colleft fome conclufions and reafbns out of the Premifes, and
cite unto your Lordfliips feme Judicial Records, that may fatisfie
your Lordfliips in point of Judgement. Thefe are my Materials, I
ihall proceed unto the Building.
Mv Lords, My frjt ground was , tlmt this power was innate in the
per [on of an ahfuhite l\jng, and in the perfon of the Kjng <?/ England.
All Magiftracy is of nature, and obedience, and SubjeGion is of
nature; and before any pofitive Laws were written, or any mu-
nicipal Law, people were governed by the Law of Nature, and
Praftife did rule according to natural equity r this appears in the
Reports of Sir Edward Cook^ written by him when he was Chief-
JufHce, 7 Report foi. r 5. I will not take occafion to difcourfe, either
of the Law of Nature, which doth teach us to love our Country,
and to defend it, and to expole the Hand to danger rather than
the Head fliould fuflTer : nor of the Law of Cod, which command-
eth obedience and fubjeftion unto the Ordinances of Superiors :.
nor of the Law of Nations, which doth agree, that there muft
be proteftion from the King, and obedience from the People ; and
without defence there can be no proteftion, and without aid of
the People there can be no defence : nor of the Imperial Law,
which faith , that in cafes pro utilitate the King may fiatuere
alone. |
My Lords, I will upon this Subjefl: confine my felf to the Law
of the Land, and infift upon fuch Records, and fuch Prefidents,
and ilich Reafons, and fuch Authorities as I find both by Record
I of former times and by our Books, i. In the original govern-
ment of this Nation I do not find the contrary, that there was a
great number of Petty Regiments. And when Julit^s Cafar did
invade this Realm, he writeth that there were four Kings in Kjnt,
and other places ; and Strabo^ lib. 4. faith the like.
So thofe times will not be material. During the domination of
the Romans from Julitis C^far, which continued 5C0 years, the Ro-
mans had their Prefe£ls here in England ; no man will doubt but
they might command what they pleafed : that in their times there
were fpecial Officers called Comites^ and Officers appointed by Sea,
and others by Land. Thole that fucceededthe Romans were the
Saxons, and in their times both by antient Grant, and by Edifts
of the Princes of thofe times, that this Naval Power was com-
manded
tiiflortcal CoUeB/onr.
549
iiianded by tliem for defence of the Realm* Fiffb to begin \\'itli
King h^Sj jhim Dom. 72 5. King of the Wtfi Saxons. This King in
that year made a grant to the Abbot of Glalff/ibnry, J^ody crc.fmt
quk'ti ex omnibm Regis exxciiombm cir open^us, e'&cept expedite Jrciiimj
Pentium, crc. cosaftruElionem petit in antiqiio, &c. Whicii fhcws'
that tliefe expeditions were accuftomed to be done. IVnldrediM,
King q{ Kjnt, he in the year 742. granted to His Churches, quod
fmt liheri ab omnibus fecularihus Jtrvttiify except exped/t. pontu, &c,
lb in that grant thefe expeditions were excepted.
Ethelbddtis, King of the Mercimsj Jnno 749. granted Monafle-
rio de, (jrc except rit fupra : So that as in this time the iervices were
common, and were done a, di^o Regi^^ that the Churches fliould
be free from all fervices but thefe three of expedition, of build-
ing CaiHes, Bridges and Forts, A quibtti nulli unquam Uxan poJ~
fmt.
Egbert y Anno 840. commanded a great Navy to be provided, and
that was for the defence of the Realm and (afegard of Ships.
Ethehvddx\xdX. was King of the Weft Saxons^ Anno 854. grant-
ed to the Church that it lliould be free from all Services tempo-
Iral, except Regdibm Tribntii. In the time of King Alfred, who
was the firft Monarch and King of all England , there was one
who was a Privy Councellor in his time, and writ his
Life and the Story of his Time, and he in his ninth page faith,
quod Rex Alfred/is piffit Gall, longas Naves, &c. and agreeing with
the Hiftory of Wigorenfis ji6. Huntington 3 51 . wherein your Lord-
fliips may fee by the Records, that it was done ex prxcepto Regis
per tot am Regnnm.
This King made a Law ( which is not remembred by Lambert
in his Saxon Laws ) to this fubftance ; that no man upon Sum-
mons by the Horn or word of Mouth fhould fit ftill in matter of
Theft, Bloodflied or going to War, whatfbever his expedition
fliould require : and there he doth mention it to be upon pain of
forfeiture of Life and Death. King Edgar who ftiled himfelf An-
gli.i Bafiliusy he in the year 959. provided a mighty Navy of ^600
Ships, as faith WigomenfisdinA Math.oiWefhmnfler \ and he gave
a Command that every year at Eafler a Navy of 5 or 4000 Ships
be fet out and divided into three parts, Eafly Wefl and North.
The Ships in thole times were not fb great as now they be. The
fame Edgar in the year 975. granted unto the Abby of Jhorney all
manner of Immunities, and that it fliould be free, except thofc
three defences of building of Bridges, Caftles and Forts. And
the fame King, in his Charter to the Church at W'^flr/?pr granteth
unto them to be free ab omnibus exaBionibtiSy except conflructiontm
Rontiumy Arciiimy&c. My Lords, by all thefe feveral grants, and
what hath been done by thofe Kings it doth appear, that thefe
three fundamental fervices were referved unto the Crown, faving
fometwoor three Abbys which had fbme particular exemption.
In the year 1008. which was remembred by Mr. Solicitor, there'
was then a great Navy prepared by King Ethelred. The words
are thus. Rex Et heir edus per totam Angliam ex 310. Hidis Navem
nnamy &c. prxparate fecerit y That was for every 5 10 Hides of
Land to build one Ship, and every eight Hides to find a Man and a
Corflet, and to meet at S.mdwich for defence agjin/1: the Daas^
This
»?
Car oil.
55°
Hrftorical ColleBtons.
An i6n-l'^^^^ appeareth, Huntington ^Go. Math. olWeftmiufter i^f. Hoven-
den 426. Malmsbttry 100. In this Record thefe things are obferva-
ble. I. Rex parArc facit & Rex jiiffit, then per totam Jngliam^
all EngUfid was to be charged by the Giojfarj of that Learned
Sir BSpdman. and Judicious Antiquary ; it appears that virgata terra continet 24 ^-
cras; Upon cafting up of this it doth appear,that there be in England
36^600 Hides, every 310 Hides being to let forth one Ship, the
whole number amounteth to divers thoufands, and every 8 Hides
to fet forth a Souldier 45450 men; but it is not the number but
the matter that is done by the Kings Command fcr totam An-
gliam.
In the thirteen year of King Ethelred he made an Edift, which
Mr. Attorney caufed to be read in Court, faying he had it out of
an old Book at Cambridge, qtwd injlaurant tid mmher de naves per
ftngulos Annos^ &c. I read it to this purpofe, to fliew that in the
T,oth year of his Reign there was a Naval expedition always to be
ready at Eafier, and flieweth the penalty of fuch as did depart
without licenfe.
King Canutusj Lambert ^ fol. 117,118. ex fapientium Concilia, c^c.
ordained a Command among his temporal Laws, Cap. 10. qnodpr.^-
fidii fiant, crc. Command Shipping to be provided, and fol. 1 1 8.
a penalty upon thofe that did refule to pay 120 s. which was a
great flim in thofe days. That which I do obferve out of thefc
two, were thele ; i . That they were made by the King by the
advice of his Lords ; that there was to be yearly preparation for
fliipping. Thofe that departed out of the fervice, were to incur
the forfeiture of all their Eftates. If theft Edi^s rvere Acts of
Parliament, they ft and unrepealed, and if no Acts, then they ft and
by Command from the Kjngs poorer.
My Lords, I have fliewed unto your Lordfliips the praftice as it
' was before the time of William the firfl:. He did not abrogate the
1 former Laws, but was fworn to obferve them. Nay, it was faid,
' he did confirm Antiques Leges dr Confnetudines Angli.e ; So as then,
if thefe were the Laws, and the ancient Kings of England had be-
fore his time, he did ratifie and confirm it, but not diminifh it.
This Power of commanding of Shipping, for the defence of Realm,
it is a principal part of the Royal Power. This Kingdom, it is a Mo-
narchy confifts of Head and Members, the King is the Head of this
Politick Body, it confifts of Clergy and Laiety. It is furnifhed
with intire Power and JurifdiOiion, not only to minilter Juftice in
caufes Ecclefiaftical and Temporal unto His People, but likewife for
defence both of the one and the other. This Power I find to be
mentioned in the Regifler of original Writs before the Conqueft ;
127. b. it reciteth, ths.t A^os incon/raeratione ad providendum fdvati-
onem Regni noftri, &c. It appears by Stamford in his Prerogative,
Cap. I . That as the King is the rnoft excellent and worthieft part
or member of the Common-wealth, fb is He alfb the Preferver,
Nouriflier and Defender of His People. I find it in Fortefcne,
which they have cited, that a Common-wealth without this Head
were but a Trunk. I find it in Eitz. Nat. Ere. fol. ^^,0^ 173. that
the King of Right ought to defend the Realm, as \vell againfi: the
Enemies at Sea, as againfi other Enemies, that it be not fiirrounded,
nor wafled. How is this defence againft the Sea and Enemies , is
the
Htflorical CoUsQions.
55
£
the King bound to defend the Realm by Sea-walls at his own
Charges ? No, the Power of the defence is a Superintendent Power
in His Majefty to authorize Slieriffs arid CommiOTioners to fee it
done, but by His Power, yet at the charge of the People, Rt'^ifltr
iij.b. It appeareth there where the King commandcth His People
by His Writ, one directed to the Sheriff, the other to Commillio-
ners, and in both Willeth and Commandeth quod dtftrwoat A. B.
cr nlios^x.0 diftrain the Lands of all thofe that may receive damage to
repair to the Sea-banks, as well as the Terrtennant. This Writ
was before any Statute, for the Regifter was before the Conquefl: ;
and the tirfl: Statute that concerncth Sewers was made 6 H. 6. 16 it
is by the power the King had at Common-Law, and not upon any
Statute ; and this was to the Sheriff as well as to CommiiTioners :
and that it was done at the charge of the Country, and not at the
Kings charge, Pat. 2-^.E.i.m. 4. dorf agreeth with the Regiffer.
The King doth there recite qnod ratione diomtatis Regis, crc. cr
per jur omentum (amiis ajlrutl ad providcndnm falvationerm Regfii, and
there he giveth power to Commiffioners to difrrain the People to
make defence again ft the Sea at their own charges, Pat.z.E.'^.
2. ?;?. 5. dor/i in the Cafe of Wiftfftaf/^ 2 Ref.fol. 1 5. The King ex
officio IS to govern his SubjeGs in peace and tranquillity, 7. Rep.
fol. 9. proteftion of the King is generally over all the Kingdom.
There is reafbn ^\'hy it fliould be thus, for the King of Eniland he
hath an entiie Empire, he is an abfblute Monarch ; nothing can
be given unto any abfblute Prince, but is inherent in his Perfbn,
as may appear both by Books, Records and Acls of Parliament,
Rrac. lib. 2. fol. 55. ^. Sciendum, (jrc. Domirjus Rex piper omnes., qui
cd Cor onarn pert inrtit. This appeareth likewife in the Statute 24
/-/. S. there It is declared, that this Realm of England is one Em-
pire, and hath been Sid accepted in the world , Stat. 2 5 //. 8. c 2 1.
I FJ.c.i. I '-lac. c. I. the Crown of En''Lrnd is affirmed to be an
Imperial Crown, and Afts of Parliament proove the higheft nature,
16 R. I.e. 5. that the King holdeth his Empire immediately of the
God of Heaven, and at His Coronation the Crown is elevated as
a fignification thereof: this is likewife acknowledged in the Ir/(h-
Reports, fol. 60. Rex Angl. efl abfolntm. Eortefciie faith the King
of England., as well as any other King or Emperor, hath all his li-
berties within His Kingdom in Imperio ftw. The Law of England
maketh the King of England not as His Subjefts, nor a natural Bo-
dy, but a politick Body, freeth him from all imperfeftion or iniir-
miiy; he is immortal, he never dieth, the King everliveth, i Qom.
177. II Rep.']. 21. £.4. and other Records.
My Lords, As he is an abfblute Monarch, fb all thefe inter jura
fummx Ma'jeftatis are given unto His Perfbn by the Common-Law.
I. He hath Supreme Dominion both by Sea and Land: this is pro-
ved by Mirror., the greateft part whereof was written before the
Conqucft, fbme things added to it by H. Horn in the Reign of £.4.
he concludetji all Lands, and all Jurifdiftion, and all Dominion is
derived from the Crown, that whatfbever was not granted from
the Crown remaineth in the Perfon of the King. This fupremum
dominium is fb inherent in the Kings Perfbn, that if the King grant
away His Lands abfqiie aliquo reddendo., yet the tenure muft liill re-
main to the King.
Bbbb %.H.
l^ Carolii
552
H/ftoncai CollcBions.
S H.J. 12. 50/-/. 8. 45 Djtr. This Dominion is not only upon
the Lane!, but it is upon the Sea. And ib the King He hath not
only a Dominion by Sea, but He is Dotmmu Map AngP^ Sfc. He is
both an owner of the Sea, and Soil under the Sea. And {q it was
lately refolvcd by my Lord Chief! -aron, and the reft of the Barons
of the Exchtqua-y in the Cafe of S/ttion Marjh, That the Soil of
the Land, asthe Seafloweth andre-floweth, is the Kings, and the
King is feized thereof jT.vre Coroy/.i\ M:rror 8. only the Domi-
nion of the Sea, but the very Soil thereof belongeth unto the
King.
Next place. He hath, befides His Siifrtmum Dominium^ a Sove-
rdar-a "Jarifduho;?, and that extends both by Sea and Land : i. For
creation of all His Majefties great Officers and Judges, creation of
the Admiralty time out of mind. 20 H. 7. fa. 8. 12 H. 7. 17.
Power to make Juftices could not be granted ; and all thefe Powers
rellimed in the Statute, as inherent in the Crow n, d^c. Surely this
Jurifdiftion by Sea did not begin in the time of /^. i. whenthofe
Laws \\ ere renewed by Him at His return from the Holy-Land.
But there were Admirals in England^ and the Admiral-Law by Sea
long before 2-j £. 1. A famous Record in the Tower, that the Com-
miffioners for the Emperors of Spam and France did appear be-
fore the Kings CommifHoners, and did acknowledge, the Sove-
reignty of the King of England upon the Sea did belong unto
Him time out of mind. And for further proof of this , it ap-
peareth likewife in that Learned Book of Mr. Seldens (Mare
Claufam. )
My Lords, The next inherent Power of the Crou'n is i. Pardons,
2. Reftitutions, and 5/y, Pardoning of Condemned Perfons, which
none can do but the King Himfell, i H. ^. fo. 5. 20//. 7.8. The
4f/y is J/zj ni'-in-mt percntiaidi, a fetting of a Royal Stamp upon His
Coin, and the dcbafmg of it, 21 E. 5. 6. That the King only can
put a Value upon it, 5 Rep. 114. That the King by Hisabfblute
Prerogative may make any Forreign Coin lawful Money of Eng~
land., by His Proclamation, leaves Rep. fo. 20.
Next is , Ji^-s S-oj^ M.rje/iaiM , that of concluding War and
Peace, which is abfblutely inherent in the Kings Perlbn, which
He may do without calling of His great Council, 19 £. 4. 6.
That all the Subjefts of England without the King, 7 Rep.zc;.
cannot make War Be/l/tm indicere. And to make Aliens Denizens,
is a Point of High Prerogative.
My Lords, This Trull: that the King hath for making of VVar
and Peace and for the Defence of the Realm both by Sea and Land,it
is a great Truft inherent in the Perfbn of the Crown.No Man ought
to miftruft where the Law doth truft. There is an Objection .• If it
fliould reft in the Power of the King, He might do it, where
there fl:!ouId be no ground for it, and without caufe, and caufe
Forces to be niuftred, and Ships provided, where there is no emi-
nent danger, in fuch a miUiner as it might be grievous to the Peo-
ple. Thefe are Objeftions clearly againft prcfiimpfion of Law ;
for where the Law trufteth we ought not to diftruft. Tiie King,
as appeareth by all our Books, is the Fountain of Piery and Juftice,
and will do right unto His Suhjefts, i. Com'' 240. All Juftice is de-
'^' from the King, 15 £. 4. 8. The King can do no wrong, Bra&:
I'l:
Hiflorkal Collecliom.
555
Ilk 3. ca. 9. 8 H\. 6. 20. Royal Power de aver Correction de hy ///' ;
He is the Ible Judge, and we ought not to queftion Him, BracJ.
Rex Kon hjbtt Super wrem /afi DtrtM, il Rtf. 72. The King is tlic
Fountain of Juftice and Common Right. Aud the King being the
Lieutenant of God cannot do wrong, 17 E. 3. 59. The King could
not be made an Inllrument of coven and fraud, but the Patent was
void, 5 Rep. 14. That y^t7/^w;^/, JujUce and I'ertiie are the furi' f<p-
porters of Cronms and. Diadems^ 24 £. 3. 42. St ^.tn ford's Pleas of the
Crown, 72. At the Common Law, if the King commit a Man
by His Boiiche , he is not fepleviable. The Law doth not
diftruft where the King committeth a Man ; but it is upon jult
caule, and we are not to doubt it. And therefore at the Common
Law ca. 1 5. a Man committed by the King was not re-
pleviable. Nay, if he were committed by his Council, that was
his reprelentative Body, not repleviable : Shall we then, when the
Law hath committed this Power unto the King, who is the Foun-
tain of Juftice and Equity, who is trufted by the Law of the Realm,
and the Common-Wealth, miftruft Him ? Shall we think that fuc-
ceeding Kings will do that which is not fit to be done ? I fay, if the
Law truft them, we ought to tru ft them. But for a further Rea-
(bn ; Thofe that are His Delegates and Judges, ought not to be
miftrufted. That which the Judge doth, as in his Office, fliall not
be afligned for error. If it be fo in the Delegates Power, much
more in the Primitive and Fountain. 5 Ma. Dyer 16 j. The Court
of /(Jn^s-Bench did receive a Record of N/fi priiu^ the Poftea Re-
turned by the Clark, and the death of the Juftice of Aflize align-
ed for Error, and could not be received. So i Ma. Dyer 89. a
Writ of Error to reverie a Fine, pront en Dyer.
That is the reafbn of the Book 7 H. 7. fo. 46. 10 //. 7. 28. Eitz.
Nat. Bre. faith the Books, he cannot aftign for Error, nor
fliall not be admitted to alledge any thing contrary to the Oflice of
a Judge, as to fay the Judge did not give right Judgment, or the
Clark did not make right Entries, M.j E. i. coram Rege. And
that is the reafbn \\'hy a Man of Non compos mentis in a Fine, and
fuffering of a Recoveiy, it Ihall not be afligned for Error againft
the Afts of a Judge, 8 Rep. fo.\i\. Doftor Bonnors Cafe, Record
by a Judge or Juffice of Peace not traverfable.
( Good my Lords,) Then if by the Laws of the Kingdom one
fhall not be admitted to receive an averment againft any A£fs done
by your Lordfl:ips, the Judges , againft Afts done by inferior
Judges ; furely in thisj where the King is abfblute Judge, it Ihall
not be averred, to fay it was no caule of danger, or that is done by
the King which ought not to be done.
Bract, lib. I. en. 24. e/? ih Corons Rej^is. The King is fb abfb-
lutely trufted with this Defence, that the Sub)e£l cannot make a
Fort or Caftle upon his own Free-hold without the Kings Licence.
That appeareth in the old Magna Charta, fo. 162. Enquiry
made of thole that do build Forts and Caftles without the Kings
Licence, Rot. Parliament. 45 E. ^. A^. 54. 6 //. 4. 59. and in a
Book of Z,f>»p^, 5 E. 4. fo. 129. That a Subjeft cannot make a
Fort or Caftle without the Kings Licence, not iri his own
ground.
I J Caroli'
Bbbb 2
Mv
-'- - *-* " ii_
Hifiorical ColkBtons,
My Lords, The King hath fb difcharged thisTruft, that though
there were no account unto His Subject , yet thefe Ships that
have been commanded, was but ^d frojkijctnd'' cum Na-jihrn no-
ftm. The King hath been at greater Charge with thefe Ships
gone out, than ever any King of England ever was , as will
appear by thofe vaft Sums of Money the King hath fjient thefe
years , befides what hath been contributed unto by His Sub-
jefts.
My Lords, I have done with my firft Pofition, That tlie Kings
of EnoUnd have done this before the time oU'Villiam the firft : That
it was an inherent Right in the Perfbn of the King o^ En^/and, and
tliat tile King is the Ible Judge both of, and w hen, and how the
dangers are to be avoided.
It hath been objefted, that the King of England may do it, but
how ? It muif be according to the Inftitution of the Laws of the
Realm. There muft be a Concurrent Power, a Politick Advice in
Parliament ; and fo it may be done : But the King, either by His
ordinary Power, or abfblute, without the affiftancc of the great
Council, He cannot do it, as hath been objeftcd.
2. Therefore in the iccond place I fhall come to the fecond
thing! did propofe, and that was, that the King, as He is King of
Enoland^ that He alone, for this common Defence of the Realm,
without tlie Aid of Parliament , that he may Stxtnere^ he. That
the King, by advice of His Council, when He pleafe may do it :
That He may ordain feveral ways by the Inftitution of the Com-
mon-Law^, by His Ordinance, by His Proclamation, by His Pa-
tent, by His Writs, and by His Judges. That this may be done
by Him; (i.) It is agreeable to reafbn ; for Kings were before Par-
liaments, and then lurely they might have done it. All Juftice
doth fow from the Crown; and originally, as it was in yT/o/w, fb
it was in the Kings of England, only in the Kings Perfbn : But af-
terwards the King did depute His Deputies, and gave other Powers,
This is no conceit of mine, 1 2 H. 7. fo. 1 7.6. fcr Fincaux. There was
a time when there w^ere no Municipal Laws, when Pofitive laws
were not eftabliihed, when Kings did rule their People according
to natural Equity ; and then furely the King might ordain, no
Man will queftion it ; fince there hath been Pofitive Laws, and
Municipal Laws, the Kings of England t\\Q.y have ordained, as by
thefe feveral Records cited appears. It appears by the praftice that
hath been fince the time of W. 1. That the Kings of England m all
thofe Writs, that they have ordained the ilTuing of thofe VA^rits ;
The number of the Ships, the times of meeting, the manner of
Munition, and the ftay for the Defence, quam dm nobii pLicaerit.
I have made a CoUeftion of what hath gone out by the KingHim-
felf, what ptr Rtgem and His Council, and what by the Advice of
His Council, and with advice of Merchants and Portf-men. But
they are fb infinite, and fb many of them, that I will not trouble
your Lordfliips with Repetition.
Thefe Ordinances concerning the Defence, they are fuitable and
agreeable to the Ordinance the King maketh in other Cafes,
wherein the King alone doth ordain , as by His Proclamation,
Clauf. 24 £. f . T,.pf.2.M.2. Dor. The King by His Proclamation
commanded all Earls, Barons, Knights, Efquires, and other Men
at
Hi ft or teal Collet ions.
••
555
at Arms, that none, of them fliould depart into Forrcign Parts.
F. yV. B. 85. He agreeth it, and laith the Book, He that fhall tranl'
grefs this Proclamation, Ihall be fined for his difobedicnce. And
this Command may be under the Great Seal, or Signature, or Pri-
vy-Seal: For, faith the Book, theSubjeftis to take notice of any
of the Kings Seals. So in all Ages, CVWff/24. E. j. 71/. j. Dorf.
4//. 8. 11 H. 7. 25. The King granted a Proclamation for Recrea-
tion*, as by Jnfii^^^, or the like, that He may command ^(t^s by His
Proclamation. And if one of the Two that is fighting be killed,
it is no Felony ; but if done without the Kings Proclamation, it
is Felony, 5. Rep. 114. The King, by His abfblute Prerogative,
may make any Coin of Money by His Proclamation.
Next place the King may ordain by His Patent alone, 40 £. 5.
fo. 17, 18. The King did grant a Priviledge unto the Scholars of
Oxford, That they Ihould have the clioice of Inns in Oxford, which
was ' before there was any fair Colledge iii Oxford : faith the
Townf man, this is my Free-hold, they cannot do it ; fay the
Judges, this is a good Patent, and is in favour of Learning, and
therefore a good Ordinance. So the Juftices in fyremay takeup
the principal Inn. If the King make a Corporation, is there any
thing more ufual, than for the King to give Power to the Corpora-
tion to make Ordinances for common good ? 49 E.^. 162. Shall it
be fo in the Creature, and not in him that makes the Creatuie P
A Cafe or two upon every one of them. The King may ordain by
His Writ, and that appeareth 9 E. ^.16. A Writ of Ce/i'avrt a.-
gainfl: the Tenants of NorthunibtrLmd : The Tenants have been
mightily opprefTed by the Scots', they petitioned the King, and
laid, they were not able to pay their Land- lords their Rents, by
reafon of thofe incurfions upon them by the Scofs, and defire ftay
of Suit ; and there it appeareth the King did ordain by His Writ,
thofe Suits upon thofe Reafbns fliould not proceed againft the Te-
nants for Non-payment of their Rents : out of the fame Reafon are i
the V\''rits of Protection.
Then the King and His Council may ordain ; for that I find vl/. 4.
H. 5, F/tz. Doiverijg. Writ of Dower there brought by a Fremh
Woman; the Tenant of the Writ pleaded, That there was an
Ordinance of the King and His Council, qnnd ymllm de Ream Frm-
cU', Sfc. That is, that no Enoljfjj Man fliould be compelled to an-
fwer any Fre;?;:/^ Man or Woman in a Legal Suit, till the EHvUfh
were anRvered in France to their Suits ; there 39 E. 5.7. per Thorp.
The King and His Lords may make an Ordinance, which fhall be
binding as a Statute, Rot.Fr "^^E. 7,.M.6.
Upon Ordinance of the King and His Council I can fliev/ above
40 Writs that have gone out unto the Nobility, Clergy, Arch-
Bifhops and Bifhops, and to all the Kings Subjefts, to aid for the
Maritime Parts, Rot. Fr. 22 E. 5. M. \6. & 50 E. 5. M 41.
Do. 1^ E.:^. M.6. That of 2 4 is to thofe In-lands within fix Miles
of the Sea. 40 E.^.M. 37. The like Writs awarded tomoftof
the Maritime Counties, upon pain of the feizure of their Lands
and Goods : So likev/ife for Provifion for the Army the King and
His Council hath ordaioed, both for Markets to be kept within
fuch a difl-ance of the Army, and Wine fold there; and no where
elfe, Rot. Sco. 10. 12 £. 2. M. 1 5. Dor. So they have fet down the
number
I i Carol/.
*•
Hffiorical Colle&ioin.
number of the Men of Arms that every To^-n Ihould fcc charged
with.C"/. I ? E. ^.pf. 1. 14. Dor. with a Command, that they fhould
deftroy the Commonalty of that County, for the Wages of thole
Men at Arms.
My Lords, If tlie King may at afll times of dafigcr, by His Pro-
clamation, by His Patent, by His Writs, by the Advice of His
Council, lurely in Cales of neceflity it is much more, {Gt»ectffitas
eft Lex temporis, where a Defence by Sea and Land is neceflariljP re-
quired, M. 12 C/«r' opinion, That Men might be compelled to bring
in their Provifion to the Market, whether they will or no, 5 £. 4. 6.
14//. 7.29.
Jurors are by Law to hold together till they give their VerdiSs ;
yet otherwife if the Houfe be like to fall over their Heads, 38 H. 6.
II. Upon a Pr^c/pe the Tenants may be excufed, if he could not
pals the Waters.
My Lords, I find that in Legal matters the King, by the Advice
of His Judges, whoare His Councel, may ordain, that the Judges
are the Kings Councel in Legal Matters, 19 £. 5. 17. 4. F/tz. J/zd^-
mefif, 27 H.6. fo. 5. Court of K^ir/gs-Bench cz\\t.A the Kings Coun-
cel, 6 E. I. the King and His Judges make certain explanations up-
on the Statute of Glnucefter^ as appeareth by Magna. Charta ; and
what was done then by the Judges Advice, is the force of a Law at
this day. So as you fee by the Laws of England, as well in other
Cafes, as Cafes of Defence, the Law hath given the King of E>tg-
/<tW this Power to ordain for the good and fafety thereof. I find
that in all Ages, and in all Times, all the Incidents to a Defence, as
well as this principal part, hath been given to the King Himlelf, as
HeisKing of England, ft.') For the Murage of Towns, that the,
King hath commanded the Murage of Towns to be done at the Peo-
ples charge. And fhall His Power extend to particular Cities,
as Towns ? and fhall not He command for the Defence of the
Wooden-walls of the Kingdom? Rot. Jiar* 12 E. ^. pf. 2* M. to.
The King commandeth, by Writ, a Place to be Fortified towards a
War approaching, and every Man having Rent there to contribute,
or be compelled by diftrefs; this was commanded to be done, by
the Writ, Pat. 12 £. 5. pf. ^. M. 5. appeareth it Mas done. The
King impofed a certain Rate upon all Goods and Merchandizes that
came unto Kjngfton upon Hull, and commanded, that this fhould
be imployed to the Walling of the Town. And this wzs dt valun-
tate Rezi>"y this appeareth 19 E. 2. pf. 1. M. 12. There was the
fame Command for DcJ^'er and other Towns, fame Roll in 22. Pat.
12 £. ^. pf. ^. M. 14. Dnr. A Writ for the repairing of the Walls
of Wmch:-(i-tr at the Subjefts Charge, Rot. ibidem M. i 5. The
King by fj^ccial Grant gave Power to the Major and Burgelle? to
Aflefsthe Inhabitants for the Defence of the Town, Clatif i, R. 2.
M. 12. Ojf/Y;rii' was commanded by the King to be fortified at the
Inhabitants Charge, CV. 12 £. 7,.pf.'^.M. 52.
The King commanded particular Subfefts to fortifie their Ca-
ftlcs at their own Charges in tim« of danger, Pat. 1.8 £. ^,M. 9.
The King taketh the Calile of the Subjefts into His own Hands in
times of danger, ad defendenc^ contra Inimicos, ^c. Ctaiif. i^ £.5.
pfi.M. 16. Dor. the King, by the Advice of His Conncil, did or
dain, That the Town of Southampton, pro fdvatior.e ejufdem, fhoiifd
build
Hijloricdl ColleUionr.
55
/
build a Wall. My Lords, The King may command the walling of
the Town at the Charge of the inhabitants ; He may likewile
command the Defence of the Kingdom by Sea. So for other inci-
dents of Defence ; as for crefting of Beacons upon the Sca-Coall,
Rot. ihif 1 1. .t2 E. I. m. 29. Dor. CombufP infio^nm^ hc. Clar.f. i R.
2. w. 4 Dor. de ord'm^tiont pro 'vigiliis^ 8fc. So likewife tlic King
in all Ages hath commanded the imbarging of Ships for the De-
fence of the Realm, and for all publick Service ; this appeareth
Clauf. 14 H. ^. m. 17. Dor. All Ships arrefted that could carry
fixteen Horfe, Rot. Sco. 10 E. 3. M. 2* Dor. o?nms Naves pro ds-
fe>?fione, &c. Rot. Jlru 12 E. ^.A/. 2^. p/.i.a.dr 12. For Imbar-
ging of Ships for the Defence of the Realm. So likewife the King
commandeth and appointeth who fliall be Officers, who fl:all be
Admiral of the Fleet, who fliall be C'lftodes Mtrit\ as appeareth
Pat. 19 E. 2. m. 7. Dor. and in the fame Roll,?-/?. 10. Ra. i 5. -y^A
m. 6. Pat. 48 //. ^./». 5. Cla:.f. 23 £. 5. ^/y. 5. Dor. and an infinite
number more, then the Country paid the Ciiarges of thofe who
had Cuftodes Mint'' \ that appears Era. 21 £.5. m.^i. Dor. CU'if.
i^ E, l-pfi. '«. 14. £>«•. The King, when there was caufe , He
moderated the expenfe, CUif.2'^ E. T^.m.\6. The King did order
how much, and how long the County fliould pay for Wages, and
commanded the flay of thofe that would have been gone before
their time : And this appeareth Pat. 48 £'. 7,. m. 4. CLmf. 48 H. t,.
m. 2, & 5. Dor. then it appeareth by many Records , that this
Guard of Sea-Coafts to be accordingly, as the King fliould order
and dire£t, fbmetimes ptr Rtgem, per ms & Concilium., he. and
this appeareth Qlauf. 2^ E. I.m. 5. Dor. CLmf. l^ E. T,. pars 2. m.
\\. & Pat. 23 E. I, m.\. Sometimes the King, out of His Royal
Power, hath been pleafed to give difcharges unto particular Men,
to be difcharged from this C////,;^' Mint'' ; this appeareth Clauf. 2 ^
E.i.?M. <^. Dor. Ports dilcharged, b(?caufe the Ships were in the
Kings Service, C/auf. 8 R.2.m. ]. Difcharge as to the Abbot of St.
JlhoMS., Pat. 12 E. ^. pars 2. m. 8. Pat. 12 E. i.f.irs I. nj. 14. Dif-
charges de Cu(lod'' Marit''. Then the Power of punifliing tliofc
Men who fliould negle6t thofe Commands hath been always in the
King, and to be puniQied by His CommilTioners, or by His Writs,
and that in a high manner. That there hath been Commands bv
Diftrefs, by Imprifonment, upon feizures of Lands, Goods, anil
Forfeitures of all that they had ; and this appeareth Pat. 48 H. ^.
m. ^. Dor. Cl. 48 H. ^.m. ^. and a great number in the time of E.
2. and E. '.;. The King hath fo far medled in this Bufinefs, that
though it hath been the Money of the Country, yet the King hath
appointed the -Pav-mafter. C!a;ff. 48 H. 7,. m. 2. In the Cafe of
danger the King fendedi forth a Writ de uenienio ultra dditirm ;
fo when a Service was due, as by the five Ports, to find Ships, yet
in time of danger command laid upon them, ultra dditpjn Ser-vi-
tittm, as appeareth Rot. Sco. lo £. ^. »?. 20. Cl. 16 F. 2. m. I ?. So
all Arrays for muffering of Men between fixteen and fixty have been
in all Ages,and by the Kings Command to be in,and continue in rea-
dinefs, lb long as the King fliall pleafc. Rot. Aim. 12 £. 3. pars 2.
m. C. Dor. So, my Lords, it doth appear by thefe Prcfidents that
have been cited, by thefe Records, and by thefe Book-Cafes, That
the Kings of En-T^land in all Ages have given command, and made
1 ^ Ordi-
I J Carol:.
558
H/ftorical ColleBions.
J?j.\6]'^.
Ordmances by themfelves, by their Council, by their Judges, by
their Peers, and thefe Ordinances have been obeyed.
My Lords, Ipromifed upon this Head to make it good, that in
tliefe times, and in thefe years, wherein there were ParUaments,
that though the ParUaments did determine concerning the Land-
Forccs, and the going of the Kings Army into Scotlmd, that yet
the ParUament fitting, the King hath commanded the fetting forth
of Ships bv His Writ ; this w as ever left unto the Royal Power.
Vor the proof of this there was 24 £. i. a Parliament,as appereth in
the Printed Books ; yet we find in that year, the King hath com-
manded the letting forth of Ships at the Charge of the Subjeft,
P. It. 24 E. i.m. 17. Command to take up ico Ships ; and in P.
24 £. l.ex p.trte Re^^^y /^e««' Exchequer Rot. 22. Command, pro.
Cufloci! M.ir'it' ^ ^E. 2. Parliament holden at Lincoln \ and yet in
the fame year Writs went out to provide Shipping, as appeareth
by Rot^ Pat. 9 E. 2. pars 2. m. 16. I find that there was a Parlia-
ment holden 12 £.2. This appeareth in the Book of Statutes, Rot.
See. 1 1. 12 £. 2. m. 8. The King recites certain Inrodes made upon;
tlie Men in A'orthumleriind, it quod de Qomrnnni Concil.o hekl at
Tvrk, OrdinavhiiM, &c. and AfTigns the Earls of Pewhroke, and Bi-
fliOp of Norwich,, ad requiren^^ Norfolke cr Suffolke, jiixta dtfcrttio-
nes vefir as Subfidium.facere per Naves, &"C. per ttmpu-s 5 ueli^Men-
fium. At this time there was a Provifion by Parliament for the
Kings Service by Land, and for his Armies to meet him at New-
Caftk^ and for two Reafbns, why Nanjale Suh(uluim fliould be ne-
ceilary ; i. To hinder the bringing of any Vicluals inw Scotland.
2, For the free entercourfe of Trade, fb as you in this year, where-
in a Parliament was holden, this iVaz'ak Subfidmm was command-
ed by the Kings Writ without any A£l of Parliamient ; though the
Writ was for Norfrik and Sit folk ^ytt the like was for Dorftt^Somerftt^
kc. It appeareth hkewife 10, 11 £. 3. which were thofe great years
offending out of Writs,that then Parliaments were holden : and fb
it doth appear by the printed Book of Statutes ; yet in that year of
10. CLt'/f. 10 £. 3. m. 37. Do. a Writ direfted to the Major and Bai-
liffs of Bnflol^ with a Command, that all Ships of 40 Tun, &
ultra., Pnould be feized, lo £. T,. m. 21. Do. Command that the
Ships fliould be feiit forth for the preventing of danger ; and that
no Forreign Shiiis come in to aid the Scots^ Membr'' 21. Dor. fame
Roll, Command to the City of London mq fet forth Ships at their
own Charge, Sco. 10 E. 5. m. 21. Do. Writs to the Sheriff of
to fend Horfe-men and Foot-men to the County of
- Southampton. So there were Men drawn out of their own County,
and the refufers were called their Rebels, Rot. ibidem m. i\. de Na-
ziiba-s pro defenfione Regni.
My Lords, There was fbmething more obfer\'able in this year of
E. 3. for fbme of the Writs that went out beareth Lefle 3 Oclob. Sco.
10 F. 3. m. 7. and mentioneth a Parliament, but did not go out by
any Ordinance of Parliament ; and by the Royal Power, which is
I a ftrong Argument, there needeth no Aid of Parliament for the
King to command His Forces ; 11 f , :?. was likewife a Parliament,
as appeareth in the Printed Book of Statutes : Writ dated 10 Jan.
17 E. ^.fn. 2. Do. per tpfum- Regem ; Ships are commanded pro
gnerra fiiper Mare, Vafc. loE.i.m.G. Do. P roc la. to feveral Coun-
ties,
r
Hifiorical ColleSions.
559
ties, that all Ships be in a readinefs ; i2/^/»year of E. 5. Parliament
fummoned at Northampton, Cl. 12 E. ^. pars 2. m. I. fame Roll,
pars J. ?n. 2 2. Do. and yet this fame year the King commanded
Shipping at the Charge of the Counties, as appearetli 12 E. 5.
pars \.m. 12. C7. 12 £. 2. />^rj 3. ;«. 29. And in the 13^/; year of
£. 3. was Hkewile a Parliament holden; and that appeareth ParC
\7,E. T,. m. 9. 12. Printed Statutes make no mention of a Parlia-
ment then.
My Lords, In this Record thefe things are obfervable, cited,
and made ufe of by the Defendants Counfel, a fl-rong Record as any
can be againft them.
In that Parliament, the King He did pray the Advice of the
Commons in Parliament, touching His Wars with Frame, and the
guarding of the Sea-Coafts : The Commons make anfwer, Pricnt
les Comrnons que Us ne Counfel doner al chofes de quel ne p.is Conizmce,
&rc. They fay further, and they grant, That the Maritime Towns
ought to make the Guard upon the Sea without Wages taken, and
the In-land Commons upon the Land. Two things that are obfer-
vable in this Record : i. When the King to defcend fb low as to
pray the Advice of the Commons in Parliament, and Afliftance,
for the Guarding of the Sea : The Commons difclaimed and faid,
they have no Jurildiciion cTc. And yet the Defendants
Counfel did prefs, that now the King fliould ask the Advice of the
Commons in Parliament, a thing difclaimed i^ year E, 5. to have
any Jurifdiction. 2. By this Record the Maritime Parts ought to
guard the Sea at their own Cofts ; this though it be granted in
their Petition, it was not granted by the King : For it appeareth in
the fame year, Rot. Alnt \i,E.7,. m. 15. Do. that King Edward in
that year heard of fbrae Preparation in France, commanded Ships
for three Months, CL i^ E. 5. pars i. m. 14. That in feveral Coun-
ties Men were diftrained for payment of Wages for the Archers,
and others that guarded the Sea-Coaffs. It appeareth by thofe
Records, that both the Guard of the Sea and Sea-Coafts was done
jnxta Ordinationem noJlrawf)xdzv made by us and our Counfel, Rot.
Alni 15 £. 5. w. 15. Do. The King appointed the Arch-Bifhop of
Fork, ///;?/? ^ePe/rc)' f/^/' for that purpofe, &c. So, my Lords, I
have done with the fecond Ground, that is, That the King is fble
Judge of this, without His Parliament.
That the Commons in Parliament have difclaimed to have any
Cognizance of it.
That in the fame year where Parliaments were holden, the
fame years the fame Writs have ilTued without Advice in Parlia-
ment.
The third thing that I did propofe, was thofe Supreme Titles
which the Common Law of £;^^/^Wgiveth unto the King, which
may inforce this. Bra. lib. 2. C/j/>. 24. faith, That the King is Vica-
y,u-s Dei, His Power furely, as was agreed, is '^ure Divino ; God
is the God of Hofts, and the King is a Model of God himfclf, 40 E.
5. fo. 18. The King is the chief Guardian of the Common-
Wealth : The Sheriff hath pojfe Comitatm under the King , the
Kings Vicegerent in his County ; this Pow er net only for the exe-
cution of Legal Procefs, but for the Defence of the Realm, 12 //.
7. fo. 7. This delegate Power of the Sheriffs, is as well for De-
C c c c fence.
IT, droit.
5^
O
Hiftoncal ColleUion^.
Jn.iSl'J'
fence, as Execution of Procefs ; Shall the Shcriii do it and not the
King? lo H. 3. /r).!. The King is the Confervator of the Lawco H.
7. ro. 4. Rexefi CapitrMi 'Jufticiariti! totim ArgltiC^ Wt is not only to
maintain Jufticein Courts of Juftice, but to proteQ: and defend His
People. Stamfords Prerogative Qap. i. The King is the moft worthy
part of the Body of the Common-Wealth, Preierver, Nourilher, and
Defender *, and by this they enjoy their Lands, Goods and Lives,
1 1 Rep. 7. 6. ALtiidlin Colledge Cafe. Rex eft Medicm Regni, dr
fpofifm Reipublicx : It is the part of a good Phyfitian, as well to
prevent Difeafes as to cure them ; and an OlEce of a good King,
as well to prevent danger as to remedy it, Com fo. 130. He is the
Soul that animates the Body of the Common-Wealth , and we
ought to move as He moves, 11 Rep. fo. 72. the Fountain of
common Right ; therefore we have no reafon to ftain the Foun-
tain. I am now come unto my fourth Proof, which is by Prefi-
dents ; wherein I fhall be Ibmewhat long ; and therefore I hum-
bly crave leave to argue another day.
The End of Mr. Jttorney^Gencrals firfl day's Argument.
Mr. Attorney General his fecond days Argument
for the King in the Cafe of S hif -Money ^
Dec. 1637.
it pleafe your Lordfliips to remember I fhewed you by
Charters Aids, and by a great number of Prefidents, that
this Regal Power was in the King of £«?A?W before the Conqueft ;
and that though Lome were exempted from the fetting forth of
Ships, by Grant unto fbme particular Men, or ibme particular Chur-
ches ; yet thefe three fundamental Services of Expedition, repairing
Caftles, and making of Bridges, c^f. were always excepted : Then
I Ihewed by a great number of Prefidents, that not only the Prin-
cipals, but all Acceffories that concern the Defence of the Realm,
both by Sea and Land, have been always commanded by the Kings ;
the fortifying of Towns and Caftles, and the Murage of Towns,
the appointment of Admirals of the Fleet, and thofe that fliould
be Guardians by Sea and Land, the hiibarging of Ships, and Arrayes
of Men , ereftion of Beacons, difcharging of others upon jufl;
caufe, by punifhing of thole that were Rebels; and all this was done
by the Kings Command, per ipfum Regem mt per Regem (y Conci-
lium, without any Aid in Parliament. Like^-ife I have made it
appear unto your Lordfhips, That the King is the Sole "Jndge of the
Defence, that the King is not to be miftrufied in the execution of
His OiRcc asKing.nor your Lordfliips as Judges are to be miftrufled.
I have now fljewn out of the Prefidents, That in thofe years,
wherein there have been Parliaments, and fbmetimes fitting, the
Parliament Writs have ilTued per ipflm Re^^em, aitt per Regem c~
Concilitim. I fliall now proceed to make good the other Particu-
lars which I have opened unto your Lordfhips, i. That thefe
Prefidents which have been fliewed, and which I flialiniew unto
vour
Hi fi or kill Collet ton f.
56
your Lordfliipsjthar they have not been grounded upon any particii-
Jar Covenant, Charter, Cuftom, but upon the law of the Land,
and upon fuchlleafons as are univerfal, and binds all the Kings Sub-
jects, as M-ell Clergy as Laity. For this I ihall remember CV. 48 H.
?. w. ^. the Writ doth recite, ^od tmi Militcs & Likri tenentcs
& omms altj^ &:c. ad dtfififiomm Regni ttfisantnr^ CI. g E. ^. m, 11.
pro deft njtone Rcgni omn?s ttKeantitr^ Sco. 10 £. 3. w. I2. Qnia quod
omms t.inoit ptr omms fipportari debet. And the lame Roll, m. 20.
Do. Ex />geaf7t/a ad deftfifiomm contra hojtes J^grejjus Inimicos ma-
77US apfomre^ Malm. 12. £. j m. Do. ot/mes & fm^idi tenefititr, O"
fi & Jiia exponere, fame Roll w. 21. Do. omms g- fm^uU ad defer? fio-
n?-m Reo^ni fint aftricii. And I think every Man will acknowledge
himfclf to be bound out of his Allegiance, Malm. ijE.^. m. 13.
Do. ex liae.int!a ad defenfionem Regni^ O" vejlrnm C' vejlrortim, fame
Roll f/i. 17. and there be feveral Writs unto all the Bin}ops of Efig-
land., quod invem-rint homines ad Arma pro defenfione ; Frankalmaine
Tenure was no Plea againft this Service, Rot. Franc. \6 E. j. m. ^4.
There was a Writ direfted to the Bifliop of Canterbury for the
Arming and Arraying of all Ecclefiaftical Perfbns within his Pro
vince ; the like to the BiHiop of Tork for the Arming and Arrayinw
of all Ecclefiaftical Perfbns \\ ithin his Province ; the like to the
Bifhop of Durham in the fame Roll; fb it extends to all the Kings
Subjefts, and to the Clergy as well as to the Laity .- Nay, it doth
appear, that thefe Towns, and thefe Ports, that were obliged to do
particular Service ; that yet in cafe of an extraordinary Defence,
that there the Writs went out not only to perform the ordinary
Service, but Services ultra dbita. The Cinque-Ports , by the
Charter E. i. was to fet forth 52 Ships at their own Charge
for 1 5 days ; yet we find by divers Writs, and in feveral lungs
Times, that the live Ports have been required to do further Ser-
vice, Arrefts have been made of their Ships ultra Servitia' debits,
Sco. 10 E. '^. ;n. 2^. Do. 28. Do. There was a Comniand, That all
their Ships of 40 Tun fliould be arrelled for the Kings Service ;
and fb likewife, fame Roll M. 22. That all Ships of the five Ports,
tarn majores quarn mtnores, fliould be arrefted. Malm. 1 5 £. T^.m. I J.
Omnes Naves qui tranfire poterint arrefted to the five Ports ; fb then
for the Councel on the other fide, to tell us of particular Rolls,
that thefe and thefe Towns were obliged to do thefe Services ; this,
under favour, is no Warrant, for though they be obliged to do thefe
Services ; yet upon the occafions to take all their Ships ultra Servitia
dehita., Cl. 16 E. 3. m. 1^. Do. The King writeth unto divers Earls,
Barons, and others, in this manner, Sjtod fmt tam citins^ 8rc. quam
pofrint parat/, at fuch a place beyond your Service, with Horfe
and Arms, and come to our Town of Ne:v-Caflle upon Tyne ; fb as
the Writ was direfted to all the Lords Spiritual and Temporal, and
all the Kings Subjefts, but not only with their due Service, but
beyond their Service, to be at New-Caflk ; fb as your Lordfliips
fee the Motives, the Grounds, and the Reafbns of thefe Writs are
univerfal, they concern not particular Port and Subieft, but all the
Kings Subjefts, and they are generally ex iigeantia fua debtta ; fb as
that is the firft thing I would obferve unto your Lordfliips, That
thefe Writs and Prefidents are grounded upon the Law of the Land,
and not upon particular Truft.
C c c c 2 The
i:j Carol/-
562
Hijlorical ColleUion^.
^(>v.\
The fccond is this, That all thcfe Writs have ifllied by the
Kings Mandate, cither by the King, or by tlie King and His Coun-
cil, without Advice in ParUament, of which I have made a CoUe-
dion, which is better for me to attend your Lordfliips withal, than
to cite them, becaufe there are above 500 ; wherein I have diltin-
guiflied what hath been awarded ptr Rtgem, and what prr Rcgtm
& Concilium^ and where the advice of particular- Merchants and
Portl^men were required, Sec. 11 E. T,.n:. 2. Do. 19 E. l.pars i.
26. Do. And in thele the advice of particular Men were called to
m
aOi
11 the
Km EC
and His Council. Now, my Lords, if before the
time of WW//^»2, and fince the time of /'F////.W;! the Hrft, for many
liundred ) cars together, that this hath been done, fliall not thefe
Prefidenrs make a Law-Rule of our Books? that Prefidents that
are not againft the Law, nor contrary to the Rules and Reafbns of
the Law, they make a Law ; that appearethby 4 £. 4. fo. 43. The
Chancellor fcnt forth a Writ of Error, the Judges take exception
both to the matter and to the manner, faith the Book, becauie it
hath been always ufed ; for the Prefidents make a Law, though the
Writ were contrary to Law and Reafbn, '^'^ H. 6 . fo. 20. An ab-
furd Return made by Sheriffs, yet becaufe Prefidents to warrant it,
a good Return, 20 R,2. fo. 7. Where a Duty was to be paid to a
Corporation of Major and Commonalty, the Duty being to be paid
to the Bodv, and an Acquittance to be had from them ; but be-
caufe it hath been ufed, the Major alone to make the Acquittance,
a good Acquittance, 2 Rtp. Lames Caje. The King fliall not part
with his L^teref1: without the Great Seal : But yet a Leafe for
years, under the Great Seal of the Exchequer, good by Cuftom,
4 Rep. 9. That the Prefidents of a Court are good againlf the ex-
p^efs words of a Statute.- Having fb many Prefidents, I will not
trouble you any longer, though I have referved a fpecial place for
the anfweringof Obieftions ; yet to fuch ObjeQions as fall materi-
ally in the way I fliall give an Anrwer,thougli referv^e the Anfwer of
the main Objeftion unto the fifth place. It hath been faid by Mr.
Holborrie, That here hath been a difcontinuance of time ; and that
fince the time of 50 E 5. none of thefe Writs haveiffued : Shall
difcontinuance of time take away the Kings Right ? If there have
been no ufe within the time of memory, yet if this have been an
inherent Right in the CroM'n of ErigUnd, , fliall the Crown .
lofe it by difcontinuance of time againft the Rules of Law ?
10 Z:^ 4. fo. 6. Where the King is a Founder of a Bifliop or Abbot,
and is by common Right to have a Corody, though not ufed, that
the King hath not demanded it in time of memory, yet the King
fhall not lofe it, A^ B. 5. Writ of Right brought by the King,
wherein muff alledge Seifin, will you bind the King to alledge a
Selfin in Him and His Progenitors ? For if once the. King had a
Seifin, protrafl of time fhall not difcontinue it, 22 H. 7. fo. 20.
The Stat, of Mortmaine confineth the Lord to enter within a
year and a day ; but it fhall not bind the King, for He may do it
at anytime, ^5 H.6. fo. 16. If a Villain do alien the Land, it
bindeth not the King, Flen.xrtie 6 Month no Plea againfl: the King,
6 Rep. 20. No difcontinuance of time if the King hath a Right,
7 E. 4. ^o. If an Alien and another Man purchafe Lands together,
I and the Alien die, the King fliall not be prevented by Survivorfhip,
and
Hiflorical ColleUtom.
563
and in Perfbnal Goods you Ihall raife no prelcription againft the
King, ^i^ H. 6. fa. 27. there is no Man can pretend a Title to the
Kings Goods, for Waifs, Strays or Wrecks, for no prefcription
can invade the Kings Profit, bur then tliey fay, that the Prefidcnts
are not in all times, for we have not lliewn, nor cannot fhcvv,
that in all times thele Writs have i(Tucd. A ftrangc objection in
all times. My Lords, It is a caitiaj Service. In all times, God be
thanked, not that occafion or necelTity of this Defence : VVill you
have us fliew Prefidcnts for a Cafual Service ? 4 Rep. 10. If a Man
hold to do Service to his Lord, to go with him into the War of tlic
King, this is out of the Stat, of Limitation ; for it may happen not
once in 200 or 300 years ; therefore the Law doth not require
you fliould have a Seifin for this, for it is cafual ; that is the rcafbn
that Homage and Fealty and cafual Services, they are out of that
Statute of Limitations; fb as now by the fame reafbn, that they
would tie us to Prefidcnts, where there was no occafion ; f)ythe
fame reafbn the Tenants are to do Homage, or go into Wars,
when there was no occafion ; butbefides, he is much miftaken, for
thefe Prefidents did not end with E. 9. 7 R. 2. ;». 18. i? H.6. w.
10. 14 p.'irs I. »?. 14. a great number of Ships commanded then in
the Ivings Service ; but it hath been fu'd. That the People have al-
ways petitioned againfl it, and there hath been a decrying by the
People ; they have petitioned in l^arliament, and thefe things good
by Cull^om, muft gather ffrength by a confent ; and that turtlicr,
when Petitions have been preferred, tlie King hath not denied the
Petition exprefly.
My Lords, Ifliall fliew, wlienlcome to a particular Anfwer to
thefe Records and Petitions, that they have mentioned. That not-
withflanding thefe Petitions, this Service hath been always conti-
nued ; and for the Anfwer that he (jjeaketh of, that they have not
been denied : Thefe are the words, Le Roy advifra ; we may know
whether this be an exprefs denial or no ; fb though the King take
time to advife of the Parliament , of His Commons-, this is no
Argument, but that it is a m.xnnerly kind of denial ; befides, in the
very years of 13 E. 3. the Writs for the Shipping Bufinefs Mxnt
out by the Royal Power for the lame year ; then it hath been
faid, that we can make no Prefidents of this ; for though Writs
have gone out, yet it doth not appear, that tfiefe Writs have
been put in praftice, nor any execution of it ; but tlie Services
have been done, as appeareth by the Monuments of Times ; then
it doth appear by other Records, that tlie Wages of Mariners
were paid by the Country thefe very years, Cl. 20 E. i.m. 6, 7.
It doth appear, that Ibme particular Men that had particular dif
charges, either becaufe they were in the Kings Service, or in Qaf-
coi^n-i., or lived in the Sea-Coafls, that they pleaded their difchar-
ges, and had the lame for that reatbn, 25 £. \.m. 14. So as, my
Lords , upon this lecond Ground , that thefe Writs have gone
forth thus confl-antly in leveral Ages, that there being luch a num-
ber of Prefidents, that the difcontinuances have been even when
there was no occafion : That the Prefidents of the Courts of Ju-
firice make a Law, and difcontinuance cannot take away the Kings
Title. This is the fecond that I do infift upon, and that thele Pre-
fidents make a Law.
The
13C
Vi-Ol'.,
5<?4
Hiftorical Collcclioris.
J». i/)?7-
Thethird thing I fliall obferve upon thefePrefidents is this, that'
thcfe Writs have gone forth, not only in Cafes of an a6l:ual War,
or in cafes of an Invafion, when the fleet hath been upon the Seas,
but by way of preparation before-hand, m Jien the Enemy meant tO'
come, and in contingent Cafes when the King might conceive any
danger might enfue, but in thefe Cafes Writs have ilTued, that
will appear, CV. 48. H. 5. m. 2. the Writs are here in Court, cum
mceffe (it ad defefifwnem Reoni cjfe prompt/rm, c^c. CV. 25; E. 1. M. 5.
^dorf. there was feveral writs direfted unto divers Earls, Eifliops'
and others dt Cufiod. ALir'n. the words are thefe, quia ■volumus qaod
partes Mar it. in Com. Ejfex, crc. contra Initnicos diligenter ciifiodi-
epd. ffirtes ilLrs fi njemre contingent , 24 £. 3. Remembrance in^
the Exchequer upon information, that there was 1000 Men in F/an-
df^rs, and preparation to come unto Tar mouth to burn the Town,
Writs fent forth by the Treafurer and Barons ex officio to be in rea-
dinels,. in caule there was Invafion, Pat. 9. E. 2. pars 1. M. 26.
Writs dlreQed to all the Port Towns between Sonthamptcn and'
Thames^ to fet forth Ships at their own charge for the better de-
fence of the Kingdom, and againft others that commit depredati-
ons upon
the Sea, as well to our men of this
Kingdom,
others coming to our Kingdom, Sco. 11. 12 E. 2. M.
as to
iS. the
KincT by feveral Writs direB:ed to the fcveral Commiflfoners in' ;
feveral Counties, reciting the provifion made for his Army in-.
Land at the lafl Parliament, and faith, nos confidtrantes ad ex-
ftditionem pr^d. ta?n ad impeditnd. Scotos quam pro Quflod. Ma^
ris, &c. And ^0 commandeth for that purpofe, that Ships fliould'
be fent forth out of feveral Counties for thefe two Caufes, The
one to hinder Viftuals going into Scotland, the other for free-
entercourfe of Trade, that appeareth in the lotb year of E. 3. that
the Ships of France were not upon our Sea-Coafts, but were in-
Bntain and in France., and yet the King upon relation that they
have an intention to invade the Realm., did fend forth for the pro-
viding of Ships into moft parts of the Ke^lm, this v as only upon
information, Sco. 10. E. j. M. 30. ut audiviwM M. 15. ut intdli-
(rimn-Sy />/. 16. 2 2. quod audit um., M. iS. do. 12. do.i^.do. in port i-
h/M tranfmarini'S parat. fb by the Records this preparation of Ships
was only upon information, Fra. 26. £. '^. M. 5. quia imlgaris opi-
nio n^flrum Rtgniim Jngf invadtre., therefore commandeth Ship-
ping by Sea-,, and Forces by Land, Era. 10. R. 2. M. 25, 24. quia cert.
Rumnres quod Francia infra hrez'e tempus hoc Regnum invadtre., and
for the refl commandeth tire cuftody of the Sea and the Sea-Coafts,
fb as it doth appear by thefe Records, that upon an Information
or Conjecture of the King, that he may fend forth thefe Writs,
and command His Subjefts to be in readinefs in cafe that danger'
miglit Iiappen, better fb than to receive a blow, and then to make
preparation for defence, m'c flfould buy that with repentance, pru-
dintifjima ratio qui timor Belli., &c. pr<tparavit., and fiirely when the
King feeth thefe preparations abroad, the great Armies in adjacent
Countries, great reafbn we fliould be in preparation ; this is not
only confonant to Prefidents, Wifdom of Time, Policy of State,
but to the reafbn of our Common-Law. If a man be in fear that
another man lyeth in wait for him to do him a mifchief, fliall he-
flay ftill he receive a wound ? 17. £. 4. 4. in this Cafe he may have
' a Writ. I
H 7ft or i Cell Collect WHS
a Writ to bind him to the Peace,i^ Hq.folA-]. if a man have a war
ranty for his Land,fliall he ftay till lie be impleaded ? No,a \Var.inti.t
Ch.ia.t iyech till he be impleaded. If Lord and Tenant in ancient de-
mefh, and the Lord will require that other ferviccs of his Tenant
than he ought to perform, ihall the Tenant ftay rill there be a
Diftrels taken, nay, lie fliali have his monih.xvi^rnnty F. A^ 40 K.j.
/(>/. 45,46. and this only upon a verbal demand of fcrvices, Hiall
then the Common-Law of' Eno^Un: lecure the Siibjeft not to Iby
till a prefent danger, but fhall have his d'.zr' Qhart.t monfir.vvir
before Diftrefs taken, and fhall not the Common J.aw provide for
the King, that he in his expectation of d:mgcr make his prepara-
tion, for furely thefe Prefidents are according to reafbn of Law.
The next thing that I did obferve out of thefe l^efidents was,
that in thsfe very years where there liave been aids granted to the
( roum, fro deftftfio/ie Regm, and in the very year thele Writs have
ilTued out of the Royal Power,C7.48 H.:^.m.2.\.ciorf. there was then
a tenth given by the Clergy pro def^nftone R\^»/, and yet in that
year he did command the defence of the Realm both by Sea and
Land, and that appeareth Par. 48.//. 5. m. c. dorf. (Si. /\%.H. ^.
m. 10. in the 22 E. i. the King had given unto him in Parliament
pro fihfidin (Jiterr.e a tenth of all moveable Goods which was to
be collefled in the a^fyear, as appeareth Pat. 22. E. i. ?■». 2.
My Lords, This very year wherein this was paid, he command-
ed a great number of shipping for the defence of the Coafts, and
that appeareth Pat. 25. E. i.m. 6. Writs were dire6ted unto divers
Sherifts of divers Counties, Sujfex, So'fthamtof}^ Dorfetj &c. com-
manding them to be aiding and aflfifting to William Thornton in
the taking of all the Ships of tho£ Counties, Pat. 2^. E. i. m. 7.
Commifjion. Radnlphus de Salvica ad prouidendnm de Navihiis^ it.i
quod fait quandoc unqat mandamus , fb to be in readinels with all
Ships in thofe parts that were of 40 Tunn, m. 5. fame Roll Writs
directed to moft of the Sheriffs of England to be afTifting to John
de Banrisk to the chufing and fending forth Archers ad pruficifcrn-
d"rn in Fleta nofira, fb as they were not only brought out of their
own Counties, but out of all the Counties in England .rd proficif
ccndum. My Lords, This 2 '^d year wherein the grant was of the
tenth of all the moveables, Pat. i.E.\. m. 7. the King writeth
to all the Archbifliops, Earls and others, reciting that he hath
committed the Cuftody of the Sea to Will, de Stocks, ita quod idem
JVill, omnes, &c. naming the Archbifliops, Bifliops, Earls, c^c.
compillcre^ C'c. proat neceffe fucr. fb as you fee the greateft Subjeft
is not exempted from thefe Commands, but fliould be aux Hi antes,
n/pondentes (y intender.tesy Cl. 2^. £. I. 'm. <. dorf. the King com-
iiianded the Bifliop oi London and Nonvich for the fafeguard of the
Sca-coafts, Pat. 2^. E. i.m. I. A Command unto all Archbifliops,
Abbots, Earls, Barons, Knights, and others commanding them, to
be aiding unto Adam de S. it a qnod idem Adam comuelkre poffet aun-
ties /zec^ffe, &€. ibCl. 25. E.i.m. 5. dorf. the hke Command; fb
as, my Lords, in thofe times which were 23. £. i. when there was
an aid granted by Parliament, it doth appear thefe great defen-
1 ces bO'h by Sea and Land were commanded.
My Lords, lo E. 3. in a Parliament holden at Notinghim, there
was a fifteenth granted to the King for three years, and fo it was
, recited
5^5
1 ^ Cardie
560
Htftorical ColleBions.
An.i(>M.'
recited in the Record, and appeareth likewife, Pat. 12. E. 3. m. 2.
pars^. CL12.E.3. m. 28. /^^rj 3. it appeareth that a tenth and
fifteenth granted to the King in ParUament, and this was r^;?? /-ro
dtfenfione qnam fro ardids m^utin^ 17. E.^. the Prelates and Lords,
and Commons , at a ParUament holden at Weftmmfier gave the
King 1 0000 Sacks of IVoo//, faid to be glvm pro deftufiom Rtgrti.^s
appears Rot. Jim. 12 £.3. pars i. In the fame year there was
granted likewife pro dtfenfiom Regm medtetat. Lanar. the moity of
all their Woolls. w. 3 1, 32. dorj.2.
In the fame year of 1 2. E. 3. the Clergy, they gave the King in
Parliament mtdietat. Lamr. ufqne 'vigintt milk 6'accar. as appeareth
Cl. R.12. E.^.pars ^.m.ij.
CI. 12 E. ^.p.irs i.m. i. dorf. and in this 12 year of £. 3. the-
King colle£ted a tenth and fifteenth that was granted unto him
by the Laiety in Parliament, as appeareth C/. 12 E. 3. pars 3. m. 30.
I. ch" 28.
And befides all this the Clergy gave the King a tenth CI. 12
£. 3. /'.trj 3. m. 30. I. thefe I cite more particularly becaufe no me-
mory of them in the Printed Statutes.
Were all thefe Aids granted lo, 11, 12 £. 5. pro defenfiom Regniy
and ihall the King in thefe very years fend forth Writs for the de-
fence of the Sea and the Kingdom ? Now, my Lords, in this x'i.th
year wherein all thefe great aids were granted Rot. m. 12 f. 3,
I parsm. 12. that Walter de M. was appointed Admiral of the Fleet
towards the North, and appointed Commilfioners ad addendum Vu.
Lti bonis & CatalUs ad contribuendiim, drc. and Commanded all She-
riffs and Officers to be alfifling , fo as by this Record it doth
appear that in the 12th year Ships and Forces were commanded^
Cl. 12 £. -if.pars i. m. 17. dorf. Commanded by the King, that the
men of Surry and Suffex fliould have their Goods feized, and their
i Perfbns imprilbned if they refufed to contribute towards the
charge for Shipping. Air/?. 12 £. ^.pars i.m. 2. a Commiflion to
William dc B. and others, ad affidtndumOmnes homines jnxta ftatii-
ti/m, &c. and to feize their Goods and Chattels to contribute for
the wages of Mariners for the Ships, fo as your Lordfhips fee by
that Record, though there be Aids, Tenths, Subfidies and Fifteenths
granted by the Clergy and Laiety, yet in that very fame year if
any extraordinary occafion, though Ships not upon the Sea, the
I King hath commanded the defence of the Sea and Land at the
charge of the Country ; I have done with the fourth particular.
The fifth particular is this Aid, and thefe Contributions, they
have not been required from the Maritime Towns, but from the
Inland Counties per totam Angliam ; and this materially is to be in-
fifted upon, becaufe we are more in an Inland County : the Coun-
ty of Rucks, my Lords, this was done before the conquell, your
Lordfhips have heard, for Alfred the firft Monarch 827. ju^fflt oinni-
bus, drc. per totam Angl.
Arthtirus Minmnfis A^fermintiventis fol. 9. IVi^or. Florenz. Feb.
316. Huntington ^t^Of. that King £7/^re^ did the like 1 008 per tc-
ttim Augl. every 310 Hides to find one Ship. Nat. of Wefl. 387.
Huntingdon '2,6 <^. about ^o year of King Ethelred was that Ships
fliould be prepared againft Eafier ; and thofe Laws which are re-
membred in Lambert which were ; before the Conqueft 10. Cap.
fol.
Hijlorical Colle&ions.
5^7
I
fo/. io6. ^/W, crc d"f. fo it was general and univcrlal tlirough-
out the Realm , concurring with thefe antient Prefidents and
Councils fince the time of iVi//. the Hrft, CV. 48. /t*. ^. w. 2. For
where a Record is to be applied unto leveral purpofes, I mi:ft men-
tion tlie Record : again it appeareth by the Record of Bt'dford(hire,
which is an Inland County, was chargedwith the guard of the Sea-
Coafts, and paid for Wages, lame Roll w. 5. in i\I. ic.chrf. Rnt-
Und, Oxfordjhire and Dorjftlhirc, Inland Counties, charged for the
fame fervices,P<t/'.48. f/.^. w.y. Cambrid're and Himt.'fi^>^to/ijhiri char-
ged for the like fervice, and that tiiey Ihould do pront Qoncilium no-
jtrian ordinntnm^&c. 24 E. i. Kings Remembrancer ^x^X^z iKot.']']^
78,79. title ^e pro Cnflodiendx Mrns, and Writs went out
tor Ships into divers Counties, and amongft others to B/(cl--fb/re,
Pat. 26. £. 4. »?. 21: when there was a complaint that the Subjeft
did futfcr lipon undue levies,thc Commiflloncrs that are direfted for
enquiry, direfted to all the Counties of Enolrnd, as welHnlandas
Maritime : It proveththis Cuftody of the Sea M^as as well by the
Inland Counties, as by the Maritime, 25 £. i. Pat.m. 5. that men
to furnifli a Tleet were drawn and commanded from the mort parts
of the Kingdom, Sco. 10 £. 5. m. 14. Inland Counties charged with
Shipping tor the defence of the Kingdom, as Cmibridge^ Huntinq^-
tofj^ Nottinnbam^ Darhy^ Cl. I j E. 5. pars 3. ni. 14. dorj. And tliere
Oxfordjhire is charged with Cu/hd. Ahrit. ^co. 12 £. ^. dorf. de Btd-
fordjhire, B//ckr^,(ibawjh/>-e ( your County ) and Darhy(h/re there
charged with the fame defence, Cl. i. R.i. M. 18. there C.im-
hndgt and Eiimtington were to provide a Barge at their own charge,
and yet no feafaring men there, and like Writs were direfted to
Nottin^hiim and Darby ^ though they had none, yet they had mo-
ney and means to provide them.
Era. 7. R. 2. m. 18. The King fends His Writs into moft Coun-
ties of England^ as well Inland as Maritime, reciting that the King
of Erance was gone with an Army into Elandc^rs, that Callice was
in danger, and commandeth that all Knights, Efquircs and Ar-
chers, and every of them according to their Eliatcand Faculty be
fiifRciently arrayed and armed, and come to the Port of Sund'vich
ad profc'fctndiiw^ &c. ^
My Lords, In this Record there was a mention of Biickinnham,
Bedford., Huntington Cambridge.^ Nottingham., Darby ^ Exeter^ R/it-
land, Northampton, Bucks and Bnks , all thefe 'Inland Counties ;
the words of the Writ are, quod omnes tenant ur pro' deftnjione Rcg-
/?/, C!.c).E.7,.?n. i2,i'e/2o. cfuod^ drc. all and every of our King-
dom out of their Allegiance to be ready to defend the Realm, 15 £.5.
dorf. a great number of others, by all which it doth appear, i . That
the fervice was commanded from thofe Inland Counties. 2. That
the fame rcafbns which are given extend to bind the Inland Coun-
ties as Maritime Counties.
Pat.i-^ E. \.m. 6. for the taking of Ships in the County of S/if-
fex, Devon, Middlefex and other Counties, if fb be the Maritime
Counties be in danger, furely the Inland Counties canaot be in
fafety ; we are in an Inland County, and if an entry upon any
part, it concerns the fafety of us all.
And by the rule of the La\V, every one that Is to receive a be-
nefit, is to give a Contribution, as the Cafe of \6 H. 7. fol. i ?.
Dddd All
.15 Carol: i
Hiftorical Collsciioin.
all Feoffees, vvhofe Lands were liable unto a Statuti,-, clieciic"ll;all
have contribution againft the other.
If 4, or 5. Cognizors in a Recognizance, all Diall have Contri-
bution one againil another 46 ir. j. Puxeners tipon \\hom a war-
ranty defcendeth, they (hall be equally charged.
If a man bind himielf-and his Heirs in an Obligation, having
Lands, part by his Father and part by his Mother, •aui defcend to
feveral Heirs both equally charged, as it is the third Rep. i^. H-r-
berts Cafe, fo I go upon thclere, Ions, tliat it is conftant to Reaibn
and the Law, befides thefe Preiidents, that .where a danger to all,
and receiving of benefit by all, all be equally charged.
My Lords, To illuftrate by further reaibns, that thougli the
Inland Counties and Maritime Counties be charged, I fintl that the
Ports by the Charter of F. i. were to find 57 Ships. I find that
\\hen the neceffity of the fervice did require it, tlien all their Ships
were ieized into the Kings Service, I find likewile that wlien there
hath .been a dilability in the Port to perform jibe fervice as now
they are, for then the main part of the Trade was in the Port
Towns, but now it is gone from thence and come to Londof;, and
few Ports have the Trade, but London, Aknxaftle ^ Briflol , Hull;
and fliall it not now be required by the Inland Counties fince a dif-
abilitv in the Ports, Fra. 21 E. i.m.2^. I find there that P/.w^.y/-/;
and ibme of the Port Towns did -bear more than London ; for Pli~
mouth found four Ships, Dartmouth fix, BriJlo'iouXj Ntmcaflk three,
Ncrmch and Tarmouth four, London two, Hartipool two, Sand>v!ch
t\^'0, Dover two. Rye twOy Shor/tm and Arrundel and other places
found but one ; it appearetli, yilm. 15. E. 5. ?n. i j. dorji that Tar-'
tnoKth furniflied at their own charges four Ships, ]yin<ifton two,.
Bofl-on two, Lynn t\\'0, Harwich two, Ipf^'ich two. My Lords, Are
thefe Ports able to furnifh the King with fb many Ships in thefe
days to do thefe fervices : the \yealth of one Portfinan in thofe
days was worth the M'hole Town as it is now, admit the Maritime
Town v,-ere bound unto it, yet of a failing of the ability that they
cannot do it, fJiall it not elfewhere be required, that is agreeable
to the Rules of the Law ; before CoramilFions for Sewers where
particular men are bound to defend the Sea, yet before any Statute
in Cafe that the man was not able, the fervice w.as required from
the County, for by it they might have either gain or lofs, this ap-.,
pcareth by the Rule of the Common Law before tlie Statute Re-
gifier 123 quod dijhingat omncs ^ &c. when one man was to main-
tain the Bank of the Sea, if not able, the relf that have benefit bv
it were to be diflrrained for it, 5 Rcp.fol. 99.10 Rep. 140, 141. Cafe
of thelfleof £/r, agreeable that all men who h2MQfdvAtionem(^
damnum fhall contribute.
To tills purpofe are thofe two Records rem.embred by Mr. Solici-
tor., PA 7.//. 4. No. 18. that where there was a Subfidie granted
to the King for the defence of the Realm, was afligned to certain
Mcrchants,yet witJi a falvo unlefs a Royal Power come,/r.6./?.2.Kt'.8.
certain Mercliants had the cuflody of the Sea, except Regal, fotefta-
tem^ fb the conclufion is, if an ordinary defence there may be no caufe
to go into the Inland Couniies ; but if a Royal Power or extraordi-
nary dan^er, though not eminent, the King may require an extra-
ordmary Contribution fer totamAngP-; but this liath been objected
arainft
Hijiorical CoUeBions,
569
againft, and fbme Records have been vouched ; chat is (^fay they) wc
will fliew^ }-ou many Prefidents, wherein the Navale Suhfidiicm Iiath
been required from Inland-Tow ns, and they have been difcharged
thereof, as Pat. 2. R. i.fars 2. M. 42. Dor. the Town of Btvtr/try
Petition, becaufe they were to contribute, being an In land Town,
towards the finding of a Ship for the Town of Z^////, and was dif-
charged thereof. This Truth, but not the whole Truth;for the Tow n
of Btvtrly was difcliarged by reafbn of a Charter of Exemption
granted unto them in honor tm Sti.^ohxnnU Bt'-vtr/tji the Kings
Confeflbr upon that Charter; were difcharged .• They have objeS-
ed likewife for the Town of Bodmafj : They were difcharged
aCh(IocC Marii an In-land Town in Corm'tl \ for tiiis, C/. ij K. ^.
p^rs 2. M. 14. was vouched for it, that the Town was difcharged of
this Contribution ; for Anfwer unto that it will appear, that one
Trufftl was then Admiral of the Fleet, and was by his CommiiTion to
be furniflied from the Ports at their own Charges for three Months.
My Lords, this appeareth C7. ij £. ^. p.trs \.M. ^5. and fb that
Town and In-land was to be difcharged.
My Lordsjlikewife there were other difcharges upon that Reafbn,
as Norwich was difcharged for finding of Men , foi making of
Ships, becaufe tire Admirals Commilfion did not warrant it, ^co.
10 £. 5. 71/. I 5. for it only extended to the Ports ; but yet Normch
was charged to find Ships, CV. i ^ E. ^. pars i. m. 14. So Colchefier
was difcharged from finding of a Ship ; but becaufe they were not
within the words of the VVrit, as appeareth Cl. 1 5 E. ^. pars i. ;//.
So as to .tell your Lordlliips a Story of a great number of Land-
Towns difcharged de Cnfiod' Marit\ and not to give your Lordfhips
the reafbn, it's nothing to the purpofe.
So, my Lords, having verified this fifth Point by thefe Prefidents,
and juftified by thefe Reafbns, and anfwered thefe Objections, I
fhall now^ come unto the fixth matter upon this Record.
And that is, that though no caufe be declared in the VVrit, no
danger manifefl, nor againft what Enemy; that yet the Kings
VVrit hath commanded Shipping both for Defence of Sea and
Land ; and, in the Kings VVifdom, the danger hath been referved
in His Breaft, and not communicated to His I^eoplc by His Writs.
I. I find that ancient Prefidents have been fb, tliat it hath been
referved unto the King Himfelf, and thofe whom He did depute ;
that appears Cl. 14. Jo. rn. 2. The King direfted His Writs to
Harbtrt, with a ISIand-imus to make ready all Ships
for our Service when we fliall command ; not a word of a Caufe
declared, or an Enemy proclaimed; fame Roll m. 6. The King by
VVrit direfted unto other Parts, caufeth all Ships that could carry
fix Horfes or more to be fent unto Port/month ; and the like V\^rits
were direded unto other Parts, i Pat. 1 5. 'Jn. m. 4. The King ap-
pointed a Guardian upon the Sea-Coaffs, and commandeth all
Men that they fhould be Jntendtmes., and otlicr V\^rits in the fame
Roll directed into many Counties with a Mandamtu., 1 7 'Jo. Cl. m. 7.
Do. Writs for the taking of Ships, and bringing them into Thames
mouth, without fliewing any caufe. All this was done in the time
of King John.
In the time of //. 5. Pat. i ^. H. 7,. m. 5. a Writ commanding the
Sheriffs of Kjnt and Su^tx to arreft all Ships in thofe Counties to
Dddd 2 be
I 5 Car oil.
570
Hjjiorical Collections.
v//Ai6<7-
be at Portfmoiith to be ready to go in that Service we fhall com-
mand : And it appeareth in the lame Roll, that thefe Ships \\ere
able but to bear fix Horles ) fo in the C7. Roll i\E. ^.m. 15. To
Our Bailiffs of Port/mouthy and keeper of Our Navy, to make rea-
dy one good Ship, and be ready to go in the Service of the lame
King, whith€r, and where He fliall command it, Cl.'z'^ E. i.w. 5.
Do. The King declares, That He will have the Sea-Coafts in Effex
guarded againll: Enemies ; and there commandeth them to be obe-
dient tofuchaone who had theCuftody, P/tt. 23 £. i,»;. 2. The
King writeth unto all Arch-Bifliops , Bifliops , Sheriffs, Knights,
and others, to be affifting unto who had the Cullody
of the Sea.
10 £. ^.w. ^7. The King commandeth all Ships to be arrefted,
and Men and Mariners to be fent unto the Admiral of the Fket^ ad
proficrfcen'i'', &c. fame Roll, ?n. 5. Do. A matter fit for the Counfel,
and not for the People to know ; fame Roll 2c. that fhould do,
pront lobii, he. The King to give no Account to His Subjefts of
thofe things, 24 E. i. m. \g. The King having commanded 0. S.
to take up 100 Ships fit for His Service, commandeth the Sheriff of
Northumberland S-nd Others to be aflifting ; fam.eRoll. m. ij. Com-
mand to the &me effeft for all Ships that fliould be taken between
Ly/zm and Barwick ; it was likewile in the time of £. 2, 9 E. 2.
Pat. pars 2. 26 Ships taken up at the Charge of the Inhabi-
tants to defend the Sea againft MalefaGors, C7. 12 E. ^.m. 11. Do.
a Writ direfted to the Major and Sheriff of Sa.vdn'/rh^ to make rea-
dy all- Ships within their Ports of 40 Tun Ha. S^c. that they be
i*eady within-' three days warning to go, as we fliall more fully de-
clare, the Service that was to be done ; fb it appeareth by other
Writs to other Towns, in the fame Roll, ij £.2.m. 11. Do. Pat.
i^ H.&. pdrs f .W.I 4. Rex pro quibufdarn ardiiis Caufis^z. doth affign'
'^ahn Hfxam to take up all Earges of 10 Men and upwards ; fb in
all thefe times of King John, H. 5. E. i. E. 2. E. 5. and H.6.
Writs have gone out generally, that the Service hath been conceal-
ed, and for inffruftion referred unto the Council, fbmetimes to the
Guardian of the Fleet.
It Ibndeth with reafbn, fur refblutions of War are not to be com-
municated ; His Majeffy hath a feparated Council of War from
the Body of the Privy-Council.
Now;my Lords,for the Objeftion that hath been made againff the
firft Writ 4. Jii'^. IT Car. that is, the King hath not declared caufe
for the ilTuing of thofe VVrks;the King hath not communicated it to
y. D. and "7. M. what the imployments mufl: be ; he muff fatisfie
the Counfel at Bar, which he ought not to communicate to His
Privy-Council, but is referved for the Council of War : This is a
Writ to command obedience from His Subje^s,and upon fiich Rea-
fbns as may fatisfie any reafbnable Man ; and if fewer Reafbns, it
had been the better agreeable to all former Writs : For the next
matter out of the Prefidents, which is, that during the times of
Parliament, that thefe Writs have iffued, I have made that good
upon my former Head.
The laft thing I obferved upon the Prefidents is , that there
was no caufe, nor Particular in this Writ of 4. but was warran-
ted by many Prefidents ; and in this the King doth jubere per Lp^ew.
Firft,
I
Hijiorical CoUeSiom.
571
Firft, for the direftion, as in the Writ, fbmetimes upon one, or
ProUs Homimbu-s of fuch a County , Ibmctimes the direction to
Commiffioners, Ibmetimes one way, ibmetimes another way ; and
of this of the i-^refidents themlelves, when your Lordfhips come to
fee them, I fliali fpcak, they would have tlie King to defcerid To low
as to give them a Reaibn why he did it ; fbme Reafbns are exprelled
in the Writ, as, Q^ia fericulmn tminens, quia, pro defenfiofte Re^oni^
Tuittom Maris ^ lecnritate Sitbditornm^ fdva. conductions Nxviurn, See.
My Lords, All thefe are expreffed in the Records, 9 £. j. M. 12.
Sco. 10 £. 5. M. 20. Malm. 12 E. 5. M. i. 12. Malm. 15 E. ^. M.
I ^. I find in thefe Writs the fame matter, power of Affeffment,
fame Services by liiilrels, and by hnprilonment ; nay, ieiznre of
Lands and Tenements, Goods and Chattels that are expreffed in
the former Writ ; and that it was of the charge of the County,
both Inland and Maritime : This appeareth Rot. Sco. S E. ^. M. 9. 4.
de Nazii^io provide ndo pro Cuftodia Alar is ; many of thefe, Sco. lo
E. ^. That the Wages of the Men that went into the Ships, and
guarded the Coafts, were at the Charge of the County ; this ap-
peareth 10 E.. ^. M. 2. Do. 60. Men appointed and lent to Portf-
mouthj and they refufed to go without Wages ; but a Command
came from the King, and commanded the Counties to pay them
Wages, 10 E. 3. M. 21. Do. and His I^redecelTbrs not
bound to bear any Charge,though;>r(?^f/e»//o;2e,y^/w. 12 E. j.pars i.
Thole of Lvnne, who refufed to contribute towards the Charge,
were affcffed by CommifTioners, juxta qnantitattm, and were com-
pelled to contribute ; fb in the Clofe Roll, 12 £. ^. M. 8. the like
pro Cu(to£ Marit^. I might be infinite in thele Particulars ; but I
will not tire your Lordfhips. Here they have made fbme Objections,
though to anfwer the main Objeftion I am not yet come.
Ob]. They fay, this Power of affeding the People for Sums un-
certain, thefe ought not to be, no more than Efcuage uncertain,
and muft be affeffed in Parliament; and this Aiteffment for
Defence ought not to be by Commiffion , not for the Ivings
Writ.
Firlf, for the Authority, which is LittUtor?^ he fiiith fo. 20. Q^
communri'ient ditq\ EfcuaiT^e ftrra a([e[^e per Parlia?fitnt. I do not find
by the Regifter where' thefe VVrits are , neither do I find them
provided upon any Aft of Parliament ; but what if it be by I\ir-
liament, a Service that is to be done by the Tenant to his Lord,
what if this be fb, that it muft be afteffed in Parliament ? your
Lordfliips know, that the Tenant mult do according to his original
Duty of them he holds : And if this be fb, that the Lords fliall not
affefsthem in Parliament, is that an Argument from a Tenant to a
Lord to this Cafe? This is a Service commanded not by Tenure,
but by a King from His Sub)e£ts ; this is fuitable to the reafon of
Law in other Cafes for thefe ancient ties which the King doth re-
quire for the making of His eldeft Son a Knight, or pur file marrier :
Are thefe certain at the Common Law ? Mutt there be an A£t of
Parliament to affefs thofe Aids ? the Books are otherwife ; but the
King at the Common Law might require an Aid uncertain, and
might Sefs it as He pleafeth. Glanvil lib. 9. Cap. 8. Brit. fo. t^j.
Cap. 2-]. Bracl. lib/ ^. Cap. 16, fb as at the Common Law they
were
l^ Caroli.
17^
Hiftorical Colldiiom.
M. 1657.
were uncertain, 11 Rep. 68' D. It is faid there j the Stat, of
IVifm. I. Cap. 15. which putteth reafbnable Aid in certain, doth
not bind the King a Fortiori ; we rauft not tie Him to a certainty,
for the Defence of the Realm. No Man can tell what the Pre-
paration muft be, or the Charge thereof ; if they can fliew an K€t
of Parliament that limits the King for Defence of the Realm, they
can lay fomething.
But they lay the Sheriff is no Officer, nor fworn to execute the
Writs : This is as wide as the other ; for, my Lords, the Sheriff is
fworn to execute all Writs that fliall be delivered to him for the
Kings Service; and furely this Writ, if it come unto him, he muff
at his peril execute it.
Firff, the direftion of thofe Writs have been many times as well
to the Sheriff, as to the Commiirioners, Sco. 10 E. j.M
1:5. CV. 15. £. l- M. 17. The King commanded the Sheriff's of feve-
ral Counties to furnifli Men with Arms, Victuals, and neceffary
Provifion both for Sea and Land, 2 3 £. r. M 5. Do. 24 £. 1, Rot.
79. ex parte Reikis. The Lands of the Sheriffs and other
Officers were; extended becaufe of their negligence in doing of
their duty in thefe Writs, 25 E.i.ex parte Re^is. A Com-
miffion went out to enquire of the execution of rhe Officers in the
duty of their Places.
Befides thefe Writs at the Common Law, he is fecoiided by the
Authority of the Common Law, Re^ifier 122, or 127.
That Writs went generally unto the Sheriffs, for that in-
all" Times and Ages it hath ever been in thefe Cafes, where
no cer- tainty left to the dileretion of the Sheriff and Commiffio-
ners.
My Lords, For the manner of levying by diftriftions, and by
Imprilonment of thofe that do refufe , it hath been lb in all the
Prefidents that have been vouched both by diftreft and impriibn-
ment : for the Diftrefs, if the King make a Corporation, and give
them Power to make Ordinances for the Common- Wealth, and
they make an Order, that they i-hall not pay the fame, they fliali
be diftrained. And is not this adjudged a good Ordinance, 5 Rep.
64. Clarh Cafe, 7'. 7 H. 7'. Rot. 5. There is a Benevolence granted
to E. 4. for his Voyage into Fra^ice ; oneT, R. did deny payment,
and he was diftrained for his proportion.
They except to the penalty of the Writ, the penalty of former
Writs have gone higher inter Co'/a in the Excfjequer. There M'as a
Alafudamm to affels thofe imployed in the provifion for Shipping ;
and this Ma/sditrmis was, Sicut nos& honorem c>- falv a,t ionem Regni
diligitis. In that Roll that is fo often remembred, Sco. ig £, 5-. M.
r. Do. quod, 8fc. Their Lands, Goods and Chattels remain ftifed
into our Hands, and M. 2. under pain of forfeiture of Life, \x E.
3. iV/. 2. To cafV thofe into Prifon that did refufe, CI. 12 E.:^. M.
18. Do. Writs direfted unto Henry Hujfej and others, to punifli
thofe who refufed to contribute, and to imprifon them, and feize
their Lands and Goods into the Kings Hands, C7. i^ E. ^. pars i . M.
^6. Do. To feize into their Hands the Lands and Tenements of the
Refufals, Rot. Frm. 21 E. j. pars 1. M. 11. The King comman-
deth Ships under pain of Life, and all his Eftate to forfeit, F;-<?. 10 R.
2. M 2j. fiper and to imprifon thofe that contrary under forfei-
ture
Hiftorical Collccliom.
57?
tureof all they had j fb as your Lordlhips fee that Mr.- /'/'/w.;/,'.?;'
was very far miftaken.
• My Lords In the next place they have hiid hold of tlie diilancc
of time, they lay there was ievcn Months between the /<// of tlu
Writ, -and time of Randezvous, that the King might have tid-
ied a Parliament, and there might have been an Aid granted, and
the Service performed in a Parliamentary way ; but they may re-
member the 40 days between the Return and /c// of the VV^rit,
the time fpent in prefenting a Speaker, the Iblemniryuled before
they begin, their grand Committees, their reading of a JjIU thrice,
their debate about it, the paffmg of both Houlcs before it be grant-
ed. After all this be done, and the Parliament ended, a time for
the levying of the Money mull be had ; and when it is Icvyed,
time for the Return of it ; when it is returned, time for the expend-
ing of the Money. And the Preparations will go ilow ly on till the
Monies be returned, 48 H. 3.//. 4. Do. There was a Command
for guarding the Sea-Coafts, C/.- 2j £. i. M. 5. Do.
That the Ports' of larmouth commanded to find Ships for a
certain time, Sco. ii, 12. 15 £.5. they are put down in that
Roll 8. That there was a Command Navde ftbjidium for three or
four JVlonths. •
So as, my Lords, both for the time of preparation, and for the
time of the continuance it hath ever been referved unto the wifdom
•of the King.
My Lords, for the Spm/fJj hivafion, that hath been fb late in our
memory, I find by the Books that are kept in the Council-Cham-
ber, that the Preparations were in October Anno 87. againft the
coming of the Spani(h Fleet in 88. which did not fet forth till June.
I find no Parliament called that year : And by the Letters and Or-
ders from the Council-Board, thofe Shij-^s and Defence that M'ere
made, was ad fmipt' of the Subjeft : So as, my Lords, by this
that hath been Laid it doth appear unto yourLordfliips, that there
wasnotany Claufe inthis Writ, either for the Direftion, Motives,
Mandates and Penalties ; but are warranted by former Prefidents,
that I have.coileQcd and reduced unto thele feveral Heads. I fhail
now remember unto your Lordfliips divaK things; and in thefirft
place obierve, that IVilli-tm i. came not to abrogate any former
La\\% but was fworn to obfcrve Ant/qnas Leges Anglicant! : That
appeareth in Lar/^btrt 121^. So every Man, by this Law, which
Was but a confirmation , muft provide pro z'iribus & ftciUta-
tibiif. •
I find in the Grant, that William the firfi: made unto his Abby of
i?. of his own Foundation, a Charter to be free from Dmegeltis &
07K.;i:b!{'S A;txiii]s : If they had not been freed, thcv liadbcen fubieub,
IfindP.iif. 7. Jo. M. ^. The King authorized IWxlter Scot, and 0-
thers, that o?nnes Naves ^ he. v/hich could carry fix florfes, which
they fhould find, to arrefi: ?ind command all to alTifi , as they love
us and our Peace in our Realm, 14 J0.M.6. As your Lordfliips
have heard all the Ships were nrrefted that could carry fix Horfes,
and to be at Port (mouth M. 2. all the Ships of the l^orts were to go
in this Service, without exprcfiing for what Particulars, CI. 12. Jo.
7. Do. commandeth all the Ships to be brought to tlie 'Thames
mouth : So here was not a laying down the continuance of it.
■ "" So
I ■{ C.v
olf.
574
Hijiorical ColleBions.
A;". 1657. I So H. ^.time, Ql. 14 //. ^.m. 12. t>c. All Ships taken thatcOuW
cnriy 16 Horlcs, Cl. 15 //. 3. M. 17. Do. Command for the fur-
niilVing of Armed Men with Vifluals , and other Provifion for
40 days ; and there was the hke Command to the Jiheriffs in leve-
ral .Counties, C7. 26. H. ^. The King commandeth the Men of
TarmoHth to have their Ships ready with Men and Arms.- The lame
Roll to find 10 Ships to go to P/v-Wr, P.tt. 48. H. ^. M. 5. Do.
Writs to the feveial Port-Towns, that no Sliips fliould go beyond
Sea, but alltoltay at home. Thole who returned from guarding
the Sea-Coafts were puniflied by Imprilbnment, feiziire of Goods-
and Chattels, M. 4. lame Roll Dp. Provifion to be made till fur-
ther ule be liad ; lb it was not confined unto time, but unto occa-
fion, as need flwuld require. And there be divers others in the
time of H. 5. upon other occafions, .which I have remembred in
that time of E. i. All the Port-Towns were appointed by the King
and His Council, how many Ships every one Ihould lee forth, Vafc.
22 £.1. /'/. 1 1. Dc. N. 6 The King of EngUnA in that Writ doth
{file Himlelf Superior Domintu^ Rco^ni Scoi'ue^ &-c. and fcndeth His
Writs to the King of Scotland., to let him know the King of France
had taken part of G.ifcoigne, an Inheritance of the Crown o^ Eng-
l.tnd, that he fliould, in Fide dr Homagio, be at London with Horfe
and Armsy &x. This Writ is very oblervable, the King of Eng-
land is Superior Domin/i^s, a part of Gafco/gne then lofl: : The King-
of .5'c:/-/-^«.j/ was required by this Writ, as well as requeffed, to give-
him Aid, for the Recovsry of thoie Grounds taken from him in
Ci'ifcoiane.
My Lords, This Power is not confined only to EngUnd, but it
reacheth ( as great Lord ) into Scotland, alio into Ireland^ l^afc.
22 E. 1. 7V. 5. Dor. The King by His Writs commandeth divers
Eails and others of Fnoland2in6 Irelandxo do the like, to lend Men-
to Lo;?din\v\t\\ Horfe and Arms ; the fame Rot. Vafc M. 15. Dor.
All tl\at cla'.m to be of the liberty of the Ports, were commanded
Rat. 2^ E.i. M. 1. ^.7. All Ships of 40 Tun were to be furnifhed
and provided for the Kings Service, Cl. 25 £. i. M 5. every Man is
compelled to contribute ; fame Roll M. 40. that did not inhabit in'
the Maritime Towns ; YM}^ they had Land there, they muft con-
tribute ; refident or not Mident within or without their liberty, alf
muff contribute.
My Lords, in that Writ which is C/. 2^ £. i. M. 5. Dor. I will
oblerve thefe things : i. A Command unto all Bifliops, Abbots,
Lords Spiritual and Temporal, ^nod fint intendcntes rcjpondmtes ad
Cufiodiam Maris. 2. In contingent Caufes. Thirdly, VVrit faith,
Q^od omnes ad Arma^ &C. Secundum Statiim^ &x. Ad transferenditm
nnhii. And pofl^elTion of Goods and Lands to iDe taken
for the Cuftody of the Sea, as in times they were accuflomed ;
fo it is to be done in this manner, as in times pail.
Fifth place, the VVrit was direflfbd to leveral Sheriffs' fer Corpora.,
Bona & Terras to diftrain. Next 24 £. i. M. 15. the King com-
manded the Arch-Bifliops, Bilhops, Barons, all the Commonalty,
todefend the Maritime Parts, C/. 24 E. \.M. ig. pro Cuflodia Marit'^.
There was another of Simon which I remembred before.
24 E- I- ^ot. 76. Another of the like Rem^ Regis. C/. 15 £. i. M.
26. Do. The King moderateth the Expences of the Country,
when
Hiflorical C oil eB ions.
575
when the danger ceafeth,C7. 2 5 £. i . w. 1 2. The King commandeth
the Sheriffs in feveral Counties, and others, to bring all the .Ships
to be ready for our Service whenlbever we command, w. 20. fame
Roll; the hke command de CitfiocC Martt*, Pat. ^i E.i.m. 20.
Power given to Thomas de B. to raife Forces in Cumberland to refill
the ScotSy and thole that did refule to feize their Goods : hi the
time of E 2. CV. 2. E. t,. m. 21. the King commanded divers lowns
to fet forth Ships againil the Scots ; and afterwards by Ipecial Writ
fbme of thefe were difcharged, Rot. Pat. 9. E. 2. pars 2. m.6.
Pat. 16. E.2.m. II. A Writ direfted to S'nlhnm.is W. and others,
to array all between fixteen and fixty, or to take tlieir Goods and
Lands if they did refufe, Pars i. m, 7. of the lame Roll, 16 E, 2.
Cl. 20. E.2. m.
The King doth there declare. That thole who ftay at home ought
to contribute to let forth Ships, and for the Wages of the Men im-
ployed, Cl. 20. E. 2. tn. 60. Writs direfted to the Scholars of Ox-
ford; they were not exempted, but commanded ro keep So/nh-^^ate
fafely, Vafc. 18 £. 2. w. 18. The King writeth to the Arch-Bifnop,
and others, commanding them to have Horles and Men inreadincls
as often as need fhall require : For the time of E. 5. C7. 2. £. ^. m.
i^.m. 22. Dr. the King writeth to Southampton , and to other
Towns, for their Shipping, 5 E. 5. Pat. pars 2. m.6. The Kin^^
commandeth the Sheriff of Cormval to diftrain Knights, and others;
that abide in their Lands upon Maritime Parts, and imprilbn
Thofe years of 10, 11, i2,d- 13 £. ^.havebeenremembred 21 £.5.
The King, concerning the Defence of the Sea and Sea-Coaffs, gav^e
fpecial Rules to be obferved, both for the Number of the Ships,
for the Quality of the Perlbns, and for the Proportion of their
Wages, as appeareth Pat. 19.fi. ^.p.trs. i.m.26. 21 £. ^. pars i.
m. 26. & i"]. where there was fpecial order taken for the guarding
of the Sea and Sea-Coaffs at the Charge of the Inhabitants, Eranc.
21 £. ^..parsi.m. II. Command to the Sheriff o( London to ar-
reff all Ships in London to be lent to Callice to refill the Enemies a-
gainft us : Then about to come, Franc. 21^ E. 5. w. 9. A'". 26. The
King reciteth, That France made a Preparation to invade the
Realm, and gave a Power to fbme to raife Forces, and commanded
the Sheriffs to raife Pojfe Comitatm to affift the Comraidioners,
26 £, 5. Pat. pars I. m. 7. The King, by His Writs to feveral Coun-
ties, commanded, That all Men between 16 and loo, to be inrea-
dincls to refiff the Scots.
Franc. 25 £. i. A". 31. Command unto all Officers and Mini-
fters to aflift Andrew de Gnlpho in the raifing of Forces for Shipping,
and to bring them to Portfmonth ; fb as in that Roll likewite your
Lordfliips fee that the In-lands were commanded for Shipping,
Era. 28 £. ?. m. 6. The Kingappointed R. C. and Ro. A. to arreft all
Ships of 20 Tun and upwards, between fuch adiftance, and to bring
to Southampton^ Scoc. 29 £. j}. w. ij. That feveral Writs were di-
re£led to the Bifliop oi Durham., Carlifle, and others, for the arraying
of Men, Fran. 40 £. ^. m. 37. The King fends forth divers Writs,
commanding, Quod Domini Co. with all their Forces, fhouldallift to
the fafe-keeping of the Sea-Coafts, to refiff the malice of the Ene-
mies, Era. 50 £. 5. fa. 45. Dor. Command to make Proclamation,
That all, having Lands upon the Sea-Coafts, fhould repair thither
E e e e with
I 5 Caroit.
576
Hiflorical ColleBions.
J/n.iS^'J. 'with their Families; fo as in all Ages and all Times Writs have
ifTued both for Defence of the Sea and Land.
In the time of R. 2. Pari. 6 R.2. A'. 42. That was objected as a
Record againft the King, but maketh clearly for Him, cfue drt, que
It Roy Ptrfonajfemblies en Parliament efi dtfire de 'viver des Revenues
deP CoronCy car Efcheates, Marriages^ & Forfeitures, font pur le De-
fence noftre Roy Refp. le Roy volet de fairt en ceo Cafe ; cotnt per le
advife des Seigniors, 8cc.
Your Lordfhips fee they defire of the King to live of His Reve-
nues ; that the Profits of Wards and Marriages of the Realm might
be kept for the Defence of the Realm. The Kinggiveth His An-
{\ver, Th6t He will do and obey in this Cafe, by the Advice of the
Lords of this Realm, as fhall be moft for His Honour and Profit >
Co no reafbn to make any inforcement out of this Record.
The Profits of Wards, CTf. goes for Defence, becaufe the King
giveth no abfblute denial unto it, faying, That the King will do
as He fliall be advifed by His Lords.
Fra. J R. 2.m. iS. That the Lords beyond the Seas be Arrayed
and Armed according to their Effate and ¥ami\y,Pat. 8 R. 2. pars 2.
m.i'^. A Command, that all between 16 and 60 be in readinefs,
10 ^. 2. m 25. Arrays throughout all England; and fo in the
time of H. ^.Parkment. 5 H. 4. A'. 24. for the Arraying of all Men
tiiroughout Englan?, ^nd thofe that were impotent, and could not go
to contribute unto it,^ H. 5. m. 36. Do. Pat. i ^ H.6. m. 10. General
Commiflions for the arreft of Ships, without declaring the Cau£^,
Pat. 14 H. 6. afligned 7"- d,^ A- to arreft all Ships in the Port of
Southampton, to do Service as the King fhould command: There
was no eaufe declared. Pat. 2S.H.6. m.2. 15. Commiflions to
array, and thofe arrayed to keep in array v/ith diligent Watches ;
and the like Writs awarded into other Counties, i H. 7. i. pars.
The King writeth to Sir Fitzhnohe to array Archers and Horfemen ;
fb that it appeareth by thofe Prefidents in all Ages, that thofe De-
fences have been made by Sea and Land, not confined to Port-
Towns, and Maritime Places, hut per totam Jngliam.
Next place I fliall give a particular Anfwer to fuch Objections
as have been made i" as have not fain in my ways ) unto the Ads
of Parliament, Reafons, Records, and fbme Book-Cafes,
The End of Mr. JttGrney'Generah fecond day's Argument.
Hijhrical CollcBiGns,
'ill
Mr. Attorney General his third days Argument,
May it pitafc your LordfJj/ps,
THe Matters I did propofe to infill; upon this day, was the ari-
f 'a ering of thq Objections, I Ihall ule no Preamble , no,
Repetition to induce what I Itave to fay : But in the anfwering,
of the Objections I fball firft sive anfwer to the Icveral Afts of
Parhament inliiled upon, then unto the feveral Records and Rca-
fbns that have been urged ; and in the laft place I fhail anfwer thQ
Exceptions that have been taken unto the Writ 4 AuguJUjMittimasy
and form of Proceedings.
The firlt Aft that they have infifted upon,is that oUVilUam i.Call
it what you will, an A6t or a Charter .- The words of it are verba-
tim in Ahtthtm Paris. Volnma-J & comeMmm cjuod omms liheri ho-
mines fmt Quitti ah omni Pallaojo^ Sec Surely this Aft of Parliament
or Charter, it doth no way trench upon this ivoyal Power : For,
as in the beginning of my Argument I opened unto your Lordfhips,
that this Power was inherent in the Kings of f^^//?;?^ before the
Conqueft ; here is onlv a Concellion, that they iliall be free ab
omni in']!i(}x exacfione ; now this is no u.njuft exaftion, for it is of
common Right ; and then the other part of this Law doth explain
it, for it faith. That fn?nm fratrts Qonjarati^ Src. fo far as the De-
fence of the Realm : By the lame Law they wotiiW urge to take
away this Power, by the fame Law it is refervad.
Next place they infiffed upon, was the Charter 10 Ja. or on
Mdgna Chirta^ as they call it, which indeed is mentioned in Matthtrv
Paris, and may be under the Great Seal .• The words of tliat are
thus. Nullum fcutagium ziel mxilinpi, nifi per Commune Conctliimt
milttem faciend\ & maritand'' JP, &cc. This Charter it is, as was
acknowledged by themlelves, granted at Rumny-meadc, when the
Banners were difplayed, wheu there was War or Rebellion, between
the Barons, Commonalty , and the Khig. It was not affeuted
unto the FCing fitting in Parliament ; for Parliaments are not called
with Arms, and in the Field : It was in truth an inforced Aft from
a diftrefled King ; -riiall this bind the Crown ? I fhall remember the
Afts of Parliament made i 5 E. 5. and there only were things that
were in Parliament enafted derogatory to the Crown, as this is,
that no Peer fhoiild l)c quefirioned but in Parliament, that no great
Officer be removed but in Parliament, that no Clergy-man lliall
come before Temporal Judges •, thefe were things that were much
derogatory to the Prerogative of the King.
I5£. ^. That King the fime year, whenhe was better advifed,
did make a Charter, which is in Print, for the re-calling of this
prejudicial Aft of Parliament flill in force.
It appearerli by the Parliaincnt Rolls, and Printed Books, where
the King declareth, it was drav/n from Him with an unwilling
mind, and was preiudicial to the Prerogative of His Crown; and
therefore by that Charter it was repealed.
But, my Lords, this Charter 17 Jo. if this fliould be in force,
w hy hath there been no confirmation of it in fb many Parliaments
E e e e ^ fince ?
I J Caro/i;
578
Hifiorical Colle&iony.
, I
Jff. 16^7.
fince ? The Statutes of Mtgna Charta, '9 H. ?. hath been confirm-
ed 31 times, U'hy no confirmation of the Charter 17 \{o. and w hy
have we not heard of it fince that time ? Reafbn for it, becaule it
trencheth too high on the Prerogative of the King and Crown.
But take the words as they are ; what be they ? Nullum fcutaqium
nifi per Comtnune Concilittm Regni nojlri. If it M'ere an Aft, doth
this extend to take away any thing of common Right unto the
Crown ? And that hath been the Expofition of my Lords the
Judges of AGs of ParHament, That Aids due of common Riglit
are not taken away by general words of Commune, &c. And there-
fore thefe Aids due of common Right, as this is, are no way ta-
ken a\yay ; befides, for the Statute of M.-igna. Charta^ it is made,
<) H. "^.Cap. 29. NuUm liber homo capieiur^ mt irnprifonetut, sifi per
Legem, &c.
The general words of this A£t of Parliament doth no way im-
peach the Royal Power ; for this Royal Power it is Lex lerr^ ;
befides in thefe Prefidents, 14//. 5. 15 H.^. 16 H.^. 48 //.^. and all
the fucceeding Kings remembred in all them, that thefe Writs went
out to provide Shipping at the Charge of the Inhabitants : So fure-
ly, if they had been taken away by Magna Charta^ the Writs after
Magna Charta would not have ufed it.
Obj. But then there hath been obje£l:ed the Statute de TalUgio
non conceding ; if it be 25 £. i. as it is printed, or 34 £. i. or, as
the Petition of Right doth recite it, Lemps E. 1. Be it when they
will ; I fay, under favour, there is nothing in that 'Acl doth take
away this Power : The words are thus. Nullum Jallagium njtl aux-
itiumj fine voluntate Epifcopornmy Baronum^ Burgenfium^ Sec. Mr.
Solicitor, in his Argument upon probable Grounds, did make quc-
ftion, whether this was an Aft of Parliament, yea orno ?
1. In refpeft it was not inrolled among other Afts of that
time.
2. Becaufe the Penning of it may rather feem to be an Ab-
flraft.
^. Becaufe when the other Afts of thofe times were fent over to
E. I. to be Sealed and Confirmed, no fuch Aft was fent over.
My Lords, I will not lay hold on this ; but will admit M'ith them,
that as it is recited in the Petition of Right to be an Aft of Parlia-
ment, fo I will admit, ( yet to wave nothing that hath been faid )
but by way of Admittance I give this Anfwer.
Jnf. I . That it taketh away no Aids that are due by the Aids of
the Realm; yet the words are general, Nullum fcutagiufn I'd anxi-
iium^ nifi ajfenfu Parliamenti, Src. Here is not in this Aft of Parlia-
ment fb much as an exemption of an Aid to Knight the Kings Son,
or to marry the Kings Daughter ; Yet in this the Law is refblved,
that thefe Aids are not taken away. And fb it is declared, 2 5 F. i.
Ca.ii. which doth reduce thefe Aids unto certaintv, fb as your ge-
neral words of Nullum auxiliu?n will not do it. If this be an Aid
due by the Law of the Land, then I fay this is not properly an Aid ;
but a Contribution of King and People for the Defence of tlie
Realm: It is ad proficifcend'* cum Navibu^ Noflris \ then I fay, that
this Power is inter ^uraSutnmx Majejiatii, one of the higheft Pre-
rogatives of the King, and fliall never be taken away by the King,
12 H.
H/fiorical ColleBionr,
'>79
12 H. 7. Stat, ^.ii/t emp fores terrarum doth not extend unto the
King to take away his Tenure ; If you will have fuch an high Pre-
rogative taken away, you mufi (liew it in the Afts of Parliament.
Nay, my Lords, I lay that in the time of E.i. this Royal Power
is exprefly referved by Ad of Parliament unto the Crown, and
therefore in after times never intended to be taken away.
(ij I fliall inforce it out of the Statute of 25 £. i.cap. 5,6.
That doth recite that Aids and Taxes which have been given unto
us before time towards our Wars and other Bufinefles of our own
grant and good will, howfbever they were made might turn to a
Bondage, &c. We have granted that we fhall not draw thefe
Taxes into a Cuftom, 6"c. and do grant that for no Bufinefs hence-
forth we fliall take fuch manner of Aids, but by a common con-
tent of the Realm, &c. faving the antient Aids due and accuftom-
ed. This Aid is not taken to be an Aid, for this was never given
unto the Kings of Englmd^ but taken by Royal Power, the Sta-
tute of 25 fpeaketh of fuch Aids as have been given, and
cxcepteth fuch Aids as have been due and accuftomed, and by the
Prefidents fliown it appeareth thofe have been due and accu'rtom-
ed. It hath been defired fide & Ligeantix and with a Mandamus^
2 £. I. cap. I. This Statute doth confirm the great Charter, and
the Charter of the Forrefts. But in the end of it in the Parlia-
ment Roll, that notwithftanding all thefe things before mention-
ed, both the King and His Council, and all they prefent at the ma-
king of this Ordinance, will intend the prerogative of His Crowoi
be wved unto him.
A further Anfwer to the Statute de TalUgio non concedendo^ the
practice that hath been fince the time of £. i. in the time of £.2.
E.^.R. 2. and the pradice fince doth fhew plainly that it was ne-
ver intended by the Statute to take away this Royal Power. But
then a thing materially objefted , if the Records had warranted
what had been (aid, and that was Rot. Pari. 29. E. i. and there
it was {aid that though there be a faving 25 £. i. 28 E. 1. yet here
is no faving in this Aft, fb then A61 of 29 £. i. all was loft.
My Lords, In this, I fay, there is mil tiel Record^ and therefore
I fhalldefire that this which they call an Aft, 29 £.4. I may at-
tend your Lordfhips, which bv the Record it doth appear that it is
only a Record of the perambulation of the Forreft, and no repeal-
ing of any former Law, neither is any thing enafted by that Law
derogatory to the Crown.
Next Statute objeded, i £. ^. cap. ^. words are, that no man
fliall be charged to arm himfelf otherwife than in the time of the
Kings Progenitors, and that none be compelled to go out of his
Shire, but where neceflity requireth, and Ibdain corning of ftrange
Enemies within the Realm. So this Statute is relative to what
hath been formerly done, and what hath been formerly done ap-
peareth by the Records o'iKing'Jo'jr/, E. i. that the Subjeds were
to fet forth Ships for their defence, at their own charge, then
thofe Writs went out in £. 5. time, as hath been fliewecl. And
then this Statute alloweth in two cafes, one where necedity re-
quireth, the other upon the fodain coming of ftrange Enemies;
and this Writ requireth ho other^ bur where neceffity is in the
Kings judgement.
ij Carolt-
«;8o
Hijlorical ColleBions.
C^j. NeXii Statute of i E. 3. c.^J;. 7. was objefted where men of
Armes were conveyed into Scotl'a/.'d and Gafco.'<^n \\ ithoiit wages ;
the King faith it fliall be done fb no more : the Statute mention-,
eth Scod.i?d and Qafcoign^ foreign wars, and fb foreign to this bu-
finefs ; for though ScotUnd was fiibjecl to the dominion of Em-
Itnd^ yet it was adjudged a divided Kingdom. 8 /■<. 2. continual
claim Com. 376. That a Fine lliaii be paid by a Stranger, becauie
he was in ScotUnd^it the time of the fine levied. Bract. 4^6. an
Abjuration into ScotLindis good, 6 R.2. proteftion 46. that Scof-
Ar«i is out of the Realm. Therefore this Statute that fpeaketh of
Gafcoigft and ScotUud^ fpeaketh of foreign Wars, not of I^efence.
Next lo E. 3. cap. 7. Men of Armes, Hoblers and Archers flialf
be at the Kings wages. This Statute hkev. ife fpeaketh of going
out of EngLmd\ but he that is upon defence of the Kings S^jas, lie j
is not out of EngLmd^ for that 6 A'. 2. proteftion 40. The lending "
of Ships for the defence of the Coafts is no going out of Enghnd.
Oh], Next Statute 15 E. T^.c-tp. 8. no man fliall be conlhained to
find men of Armes, Hoblers or Archers, otherwile than thole who
hold of fiich fervices without Common Ccnitnr. My Lords, This
Statute of 25. doth not take away any former Laws, in that Statute
of 4 H. 4. cAf. 15. thele three former Statutes of i F. 5. 18 E. 3,
25 E. 3. are recited in the Statute of 4 H. 4. and enafted they
fhall be firmly holden and kept in all points. So if thefe Statutes
muft be kept firmly in all points, then the Statute of 25 E. ^. doth
not repeal any of thele : Now that of i E. 5. cAp. 5. relerveth a
power unto the Crown, where necelfity requireth, and when Ib-
dain Enemies come. 26 E. 5. thofe Ships v/ere lent forth , and
commanded for the defence of the Realm at the charge of the Sub-
jefts. Rot. Fran. 16 E. 5. m. 4, 5. E>.«. 28. E. 5. ?h. 6. fb as clear^
ly there is no part of this Power impeached by this Statute of 2 5.
Then they have objefted Parhament Roll, 2 R.2. A^o. ^. Earle?
and Barons and other Sages of the Realm declared the great mil-
chief by Sea and Land, and therefore declared they could not re-
medy this mifchief but by charging of the Commons, which can-
not be done without Parliament.
This is no AQ: of Parliament, it is but a Parly or Difcourfe and
Communication between the Lords and Commons, It was in 2 /•'. 2.
in the nonage of a young Prince, who did not alTent, for there
was no Royal atlent unto it, ib no proof in this Cale.
Next Record 9 /?. 2. p.uh. no. lo. there was a tenth and a half
and fifteenth and half granted to the King, upon condition con-
tained in the Schedule, which is that the King fhould ailent that
the Officer fiiould be named in Parliament, and Servants be ap-
pointed for difpence of the money.
If tlie King will accept the Subfidies and Aids upon condition,
doth this take away the Royal Power ? there is no more done in
this than was in the Parliament 21 '^fn. for there the Officers and
Trealurers \\'ere appointed by the Houfes of Parhament. But then
further it doth appear, that this wds granted pro -viaojo 'Joh.xnr^h
Renh d'Cnjleel, &c. fb that it was not granted for the Cuftody
of the Sea, but for this voyage. Next place they infilled upon tiie
p.iyl.
H/fiorical Colle&iom.
581
p.trl. 9 H. 4. no. 2. tenth and a half, and fifteenth and a half grant-
ed, with proteftation that this Ihould not be returned for example,
this is nothing, no more than the other. A Parliament grants a
Subfidie vpon Condition it fhould be thus and thus imployed.
And the proteftation can no way prejudice the Crown in this
7 E. 4. farl. no. 7. Objefted there the Kings Speech, that is, there
entred upon the Roll, that he will not charge His Subjefts but in
great and urgent occafions.
My Lords, This is nothing but a gratious Speech of the King
iinto His Subjefts, that he would charge them but in fuch Cafes
as fhould concern the defence of the Realm.
The Statute next objected, was i R. 2. c.%f. 20. that the Subjects
from henceforth fhall in no way be charged by any fuch Exafti-
on or Impofition. My Lords, This is no Benevolence, but a Le-
gal due.
Next they objefl the Statutes of Tonage and Poundage granted
to the Crown for the defence of the Realm.
In Anfwer to that, there is no A6t of Tonage and Poundage
that is now in force ; neither are any duties taken to the Crosvn
upon any Aft of Parliament.
Thofe Statutes of Tonnage and Poundage which have
been granted , they make for the Crown ; and therefore if
your Lordflhips look the Statute i £. i 'Jxc it was given to-
wards the Kings Charges for the defence of the Realm and
fafegard of the Sea : It was given towards the charge ; It
ii not intended of any extraordinary defence, fo , as my Lords,
thefe Afts when they were in force did give this but towards the
charges. It is fbnow, for this which is done, and thofe Contri-
butions levied are but towards his charges, and that will appear
upon account, that His Majefty for thefe three or four years hath
expended more upon the Sea than any His Progenitors, befides an
acknowledgement in tliefe Afts, that this defence could not be
done without the intolerable expence of His Majefty, thefe aids
are of neceflity, and not to be lacking at any time.
My Lords, In the next place they infilled upon the Petition of
Right 3 CaroH, it was never intended that any power of the King
by His Prerogative fhould be either taken av/ay or lefTened by it.
I dare be bold to afRrm, for I was of that Parliament, and M'as pre-
fent at the debates, that there was never word f{:)oken in that de-
bate of taking away any power of the ICing for the defence of
the Nation by Shipping. Befides, it is declared, affented unto, and
denied by none, that there was no intention by the Petition of
Right to take away the Prerogative of the King. The King did
grant no new thing, but did confirm the ancient and old liberties
of the SubjeQ:.
My Lords, Thefe were the AGts of Parliament that have been
objected and infifted upon on the other fide.
Next place for an Anfwer to fcandalous Objeftions. It hath
been faid by Mr. Hobom, that thefe Statutes of 25 £. i. 28 £. i.
That all the time of making thefe Laws they were pofitive, jio
flich fdvo in them of the Kings Prerogative.
The Afts before H. 4. was penned by the Kings Council, and
thofe claufes of 2. fdvo crept in by the Kings Council, thefe were
bold
I 5 Car oil.
5S2_
Hifloricd ColleBiom.
M.iS^j.
bold and prefumptuous Allertions. The A9:s of Parliament made
in that time of E. i. that there fliould be any claufes added by the
Kings Council, that fliould not be added to the Record.
I have here the Parliament Record, that thefe exceptions are re-
corded as fully as any part cf the reft of the Record ; and thole
Laws confirmed fince, therefore to make any fuch aflcrtion againft
Records ought not to be done.
Hemzyoh]t&. the CxmeagSiinR MagmChana, which is for the
liberty of the Subjeft.
Next place they have objefted out of the Parliament Book,
S'^E.i. That upon a Petition made to the King to have reftituti-
on of money taken, that the King did ordain the Trealiirer ihould
givq fatisfaftion, I Hiall defire it may be read, and you fliall lee
thele moneys for which direction was given for fatisfaclion taken
for the Kings ufe.
P.irL ^'^ E. I. fol. 10^. dorf. per Scrut. fro gitcrra, &c, Refpofif.
per Regem^ Rex ordinaziit per Concilium cf^nod fatisftclionem facer et^
tarn chim p'oterit, lb this Record was for monies taken meerly for
the Kings ule, therefore realbn fatisfaftion fliould be given.
Next Pari. 8 E. 2. m. 8. Fryers of St. Jofj^o? Jen/fokw did Pe-
tition to have latisfaCiion of2 354/. taken by the King out of the
Treafury. Now becaufe this Record w as vouched two days to-
gether, I defire it may be read, and upon the reading it will ap-
pear to be upon another purpofe, Sur le Roy, &c. but there was
caufe and reafbn why the King Ihould make latisfadion.
Next Record, . Pat. i6 E. i. w. 21. and that was highly magni-
fied by them ; that there were feveral Commiffions went out to in-
quire of Gravaminibm of Woolls, and Other particulars de Cuftod.
Maris, and in this it was affirmed as all the Kings Council took
their Notes that thefe Claufes were omitted out of the Writs that
concern the forfeiture of Lands, Goods, Chattels, or Seifiires ;
This CommifTion maketh nothing to this purpofe, for like Com-
miflions daily come ; there are Taxes laid upon men heavier than
they ought to be.
Commiirions granted to inquire of Grievances in this kind,
whereunto an Anfwer was, if any thing unjuftly taken, fhall be
reftored. But not a word to impeach this Royal Power. And,
my Lords, for the penalties in the Writs, Pat. 7,1 E. i. w. 20.
Power to leize .the Lands and Goods of the Refufers ,
m. 10. under forfeiture of all his Goods, lo E. 5. m. 5.
12 E. 5. m. iS.d:»f. That the Penalties and Commands were as
high in this CommifRon as before.
20 E. 2.
dorf. CI.
Oh]. Next ObjeSion, that the Kings of England have always
conlialted \\\\\\ the Parliament concerning the defence of the Realm,
and that the Aides and Subfidies for defence have been granted by
Parliament.
Anfv. This is no Argument to impeach this Royal Power ; for
if in time of War the King will confent unto it, fliall this take
aw^ay his Royal Power, in the tim.e of £. 3, and R. 2. did that
take away the Royal Power, that he may not ordain Standards of
the mony himlelf j he may by His Royal Power ereft Courts of Ju-
ftice.
Hifiorical Colletfioiu.
583
ftice , Ihall that take away this from his Pov\'er , becaufe the
Court of Wards was erefted by Aft of Parliament.
Next Record Cited was Rot. Aim. 12 E. 5. vars i. m. 22. That
E. ^. was SJQ penitent for what he had done, that he fent to the
Arch-Bifhop of Cantnbttry to pray for him, and that the People
would forgive him for laying thofe Taxes upon them, which his
Wars compelled him unto, and he would never do the like.
Anfv. You fhall lee it was only to pray for him for his Voyage
into foreign parrs, and lb caufed the Record to be read, beginning
thus, Dt excttfando Regem 'verfm Popnlum^ ending de (jrauaminibm^
dated at Barmck upon Tivede : your Lordihips fee by this Record
nothing but a defire of a Prayer, fi.) To pray for the King for
his Voyage beyond Sea, the other concerning the Charges or Im-
pofitions. Surely this Contribution Commanded in the Shipping
bufineis, was none of thole Charges,Talliages or Impofitions ; This
his defire to the Arch-Bifhop was not only in the 12th year of his
reign, but the like 25 E. 5. 26 E. -j. and the like, e;o E. 3. Co as
furely thofe Prayers of the Arch-Bilhop was for other Caufes, and
not for this which was for the defence of the Realm.
Ohj. Next Objeftion Fra. j R.2. ?;/. 1 ^. That the King affigned
Tunnage and Poundage to Hefiry Earl of N'orthiimberland for guard
of the Seas.
Jfjfw. My Lords, It doth appear by the very Record it felf, that
this was only for. ordinary defence, and not for an extraordinary
defence.
Ohj. Then they infifted upon the Parliament' Roll of i ^ //. 4
». 4^. the Office of admeafiiring Linnen Cloth, a half penny up"
on the Byer and Seller, and other Fees upon long Cloath, the Par"
liament of i ^ . £. 4. declares to be a void Office, and that accord-
ingly Judgement was given 1 3 //. 4. out of this he would con-
clude, that therefore there fhould be no new Office; that an Of-
fice granted with a Fee is void in Law.
Anfrv. ForAnfwer unto this, (i.) The reafbn why that was a
void grant was this; itappeareth 4£.i. That the Office of all
Woolls and Linnen Cloath was one intire Office. If the King will
grant that to another man which was to trench on the former Of-
fice, a void Pattenc. Therefore a ftrange conclufion, that becaufe
this Office M^as void , therefore no new Office to be granted ,
22 H. 4. fol. 9. The Office of Surveying the Packing of all Cloath,
good Office, 27 H. ^.foL 28. the King granted to one to be Sur-
veyor of his a good Office, Fitz^^ith., be-
caufe it had no Fee, therefore it was a void Office ; and now at
Bar it is. faid becaufe it hatha Fee, It was a bad Office. If this
reafbn may hold, all antient Offices may fall, ^9 H.6. Office to be
Marflial of the Kings Bench 12 H. 7,15. to be Warden of the
I Fleet.
Nay, it taketh down all Offices that have been erefted for the
publick good, and upon fuch caufe as Offices fab pcef?A in Chan-
. F f f f eery,
13 Cnroli,
See the Re-
cord in tlic
Tower.
184
Hijiorical Collet ions.
j/ti 1637-
eery, Star-Chamber, drd All thofe within time of memory muft;
be Hiaken by this.
Olfj. Next place objefied , that thefe Contributions that tliey
are in fubftance Impofitions, and that the King fhall not impole
upon the SubjeQ; by his Charter or his Writ, but it muft be done
by common content in Parliament ; your Lordfhips have obferved
in all my Difcourfe, that I have not infifted any way upon any
Power of Impofition, neither is it the queftion in the bufinefs, for
no mans property is Invaded, no feifure of any mans Goods, un-
lels they will incur for contempt, and by a wilfull contempt the
SubjeQ: may lofe his property.
Therefore Dye/- fol.i6.& 13 Eliz. fol. 396. If the King will
command His Subjeft to come into the Realm, and he will not, he
fhall forfeit all his Goods for his contempt ; or if he be attached tp
appear in the Courts of Juftice, and not appear, he fliall forfeit
his Goods, 34 H. 6- 49. 9 H. 7, 6. If a man will wilfully contemn
the Kings Command, by his Writ he may bediftreyned ; this in-
curreth not by an Invafion of His Property, but in relpeft of
his contempt. Pari. 5 £• 5. m. 24. hoid Latymer he was lentenctd
for perfwading the King to lay Impofitions. My Lords, I have
looked upon the Record, and there the caufe of the Sentence is
declared, that he himfelf laid the Impofitions, and did take upon
him Royal Power, and therefore he was juftly fentenced ; and for
the Sentence of Doftor Mmmring, nothing to this purpofe. This
Writ denieth not the property to be in the Subjeft, but faith the
Subjeft hath the property, and therefore Commandeth the Sheriffs
to diflrain him if he will -pot pay.
And for the CommifTion 2 Car. for the borrowing of mony fof
the Palatinate, this was for the recovery of the Palatinate, not for
the defence of the Realm, and befides called in by (pecial Order.
Next place they objeQ:ed and fliewed divers Records, that the
King hath paid the wages of divers Marriners and Soldiers, and I
do agree it ; Is that an Argument that he may not Command the
Marrmes to be fent at the charge of the County to furnifh the
Kings Ships, this is againfl: the Records that I have remembred ?
So likewiie they have cited 12 £.3. Ro.q']. ex parte Rtm.Regu^
the King Commanded the Conftable of His Caftle of B. to build
Ships, and the King to pay for them ; fb he doth at this day, he
hath built the Sovereign of the Sea, and paid for it.
They have objefted Do£lor Covds Book, which was called in,
I wifli they had read the Proclamation, three Caufes exprelTed,
1^1.) Becaufe he had writ things derogatory to the Crown,
( 2 . ) For r ? • ) For fpeaking irreverently of the Com-
mon-Law, jufl: to light upon tholemen whodo not fpare to wade
into all the deep myfteries of Princes, who are Gods upon Earth.
For their Objeftion, that the King hath a Revenue belonging
unto liis Crown for the defraying of all ordinary and extraordinary
Charges, and for the guard of the Sea.
As Tenures by Knights Service, Elcuage, Wards, Marriage, an-
tientDemefh, c^c. Poundage and Tunnage, fervice of the Ports,
and Profits of the Sea.
My Lords, It is not for us that are Lawyers to look into the
fecrets of the Kings Revenue, he hath high Officers, as Treafii-
rer
Hiflorical Colleciions.
5^5
rer and under Treafurer that looketli into the fccrets
his Eftate, and they know w ell whether his ordinary or extraor-
dinary Revenue do anfu er more than his Annual cxpencc. The
ftory of A^hon migiit deter men from looking into the lecrets of
Princes.
For his Tenures, that Knight-fervice tenure was originally infti-
tuted for the Service of ScotUnd and Wdes, 19 /?. 2. Fitz.. Guar.
165. and old Tenures /?>/. 10. duties Called Tunnage and Pound-
age, when they were given it was meerly for the great charges
of this great defence.
And befides tho(e A£ls of Tunnage and Poundage only concern-
ed the ordinary defence, the fending forth of tlie 75. Ships out of
the five Ports. It was but for 15. days at their own Charcres
and for your profit of the Sea of Sturgeon and Whales, a proper
defence for a King. And for the fervice of the Ports, you may
remember by the Records ihewn, they \^'ere Commanded /(■//^^ ^e-
hita\ but then they have granted one Cafe, and I think but one,
that the King may ordain a Toll in a Fair or iMarket, or grant
Pontage or the like, becaufe there is an ad quod dAfnfnum , and
tiierefore fliall be an inquiry [i Patri.t gr.tvra::r. The King mav
grant a Fair without an ad quod dimfnam^ if in his Judgement, c^f.
Rot. Sco. I £. 5. m. 8. Writ direfled to the Treafurer, to pay
for the Shipping at Tarmcttih. My Lords, It do^h appear particu-
larly in the Records, that l.S. was Admiral, snd going into &(?/-
land, fb the defence was for a foreign War.
It hath been mightily infifted upon, that here needeth no Com-
mand to furnifli Ships by the Kings Writs: every man by the in-
ftinft of nature will do it, where a necefllty or Royal Power or
Command needs ; furely this Argument is made by the People,
or to pleafe the People ; what will the Confequence of it be, but
the introducing of a Democratical Government when man flial!
be his ov/n defender. The God of Hofts choie Captains and
Leaders to go before his People, and commanded them b'lt to
give the People this liberty, that every man Hialj do as he pleafe,
and make a defence by inftindof nature, is a ftrangc Pofiiion — -
But it hath been laid in thefe Cafes, it is better to fuftaina mif-
chief than an Inconvenience ; by this Inconvenience every mans
property is taken away from him as often as the King pleafeih,
and what proportion he pkalcth : This though a Maxime in Law,
yet it goeth unto particulars ; but the lofs of a Kingdom is both
Liberty and Eftate ; this is not to be reckoned amongft the mif
chiefs, for this mifchief deftroyeth both Head and Members, there-
fore I do marvel to hear the P.ule of Mr. Hoborn fuder a Mifchief,
rather than an Inconvenience.
Next Objeftion, Pari. 2. //. 4. no. 22. pur f.iire Barges, This was
the Petition of the Commons, that the Commilfioils granted to
Cities, Burroughs and Towns for building of Barges fliould be re-
pealed ; the Kings Anfvver for the prefent they lliould be repeal-
ed, but for the future for cafe of necelTity he would advile with
the Lords : It doth not appear that thefe were granted for the
building of any Ships for the defence of the Realm.
O f j I ^ Carol: ,
r f f f 2
thefe
•j ■■'»>■*
^
586
Hiflorkal Collections;
/h. i6-^j^
Trnut in It
B<if.
Thefe are the Objefticns that have been made out of the Afts
of ParHamcnt, out of the Records and Reafbns they have infilled
upon ; now I come to the Exception and Objeftion againft the
Writs and Proceedings in this matter.
I . They lay there was no futiicient danger reprefented by the
Writ ^- Aug. They laythefiipply by a Mittimus doth come too
late, and that the words of the Mitttmm are not a good afBrnia-
tive, quit falm, &c. and it doth not appear there v/as any dan-
ger 4 J'/?. II. For this I have given it an Anfwer, that it was
not neccflary to rcprefent the danger in the Writ. The King he
liath fecret intelHgence, he hath his Efpies abroad, His Ambaffadors
beyond Sea, he knoweth the danger we know not, nay, that which
is not tit to be difcovered ; and thofe dangers by preparation per-"
haps diverted another U'ay. It's noi; fit by a publick Writ to reveal
the dangers.
But, mv Lords, For tlie fatisfaction of His People he hath ex-
prefled fuliicient caufe enough in the Writ. O^ia /d/.is Rfoju pc-
ricluabatiir, &c. they fay there was no danger reprefented at that
time when the Writ went out ; that ismiftaken, for the Writ ot
Mittimus doth recite 4 Au^, and faith cfiwd qmdcm predones Pir/t-
ti., 6^c. Which flieweth the danger was the caule of the iffuing
of thofe Writs ; then they except this lame word falus ; it is a
Phyfieal word fignifieth health, and you muft have no Metaphors
in Writs : fiirely the Gramarians can tell that Ptlns is taken pro
f?2co!iimit/ite^ as For health, for fafety, Metaphors are uftial in Writs ;
I dare be bold to fpeak there are more Metaphors in the Regifter,
than m any Book, Re(^ifler6i. Turba, &c.
Then they have left no ftone unrolled in this Cafe. Now, they
fay the Kings Teftimony by His Writ is not fufRcient, for that
under fax'our it is Ttfit rneip'fo, without exception we are bound to
give credit unto it, 1 E/iz.fo/.iO'^. A' e exe/tt Reg/z/im, the Kingzf-
firms /. S. will go beyond Sea. Saith the Book, this averment of ;
the King in His Writ it is not Traverfable, you fliall not aver
againft it. The Cafe remembred by Mr. 6W/>/>or, which was mi-
ftaken by Mr. Hobor/i in the Anfwer Hill. 20 £. i. Coram Rege Rot.
14. he faid thefe words vouched in the Record, was but the fiiy-
ing of the Kings Council , and not the opinion of the Court ;
clear otherw^ays, for it was the faying of the Judges, and then
agreed ^-W Domintt^s Rex efi fnpertati'vum Recordnm <ir precel!ens\
will vour Lordfliips give credit to the Certificate of the Marfhal of
the Kings Hoft.
To the Certificate of the Captain of a Company if tjie men be
in the Kings fervice, 11 //. 7. foL 5. to the Certificate of aBifhop
in cafe of Baftardy, to the certificate of a Major and AldeiTnen by
the Recorder, 5 £. 4. 30. 21 £. 14, 16. and will you not admit
of the Certificate of the King by his Mittimus.
Next exception was taken to the Scir^ Fac\ that this Scir^ Fac*
ought not to go forth upon this as a Duty to the King.
1. The Writ 4. doth direft a form of levying, which is by di-
ftrefs or imprifbnment of thofe that are Rebels.
2. It is no Duty to the King, and therefore ought not to be levi-
ed by Scir' Fac\
My
Hijlorical Colleciions.
5S7
My Lords for this, this Duty is a Duty to the Common- Wealtli.
It is pro dif\nfu7it Rcgni I hijanrtu pifbhciu rtfpictt Regem ; W'holbe-
ver fliall detain any pubUck Duty, he may be qucftionedby the
King as the Head of tire Body ; for that it appears 27. A}f. pi. ij.
It was declared, that J. S. and 7. D. had levied 100 Marks on the
County for the Array of certain Archers, wJiich Money did not
come for the Profit of the King. Out of this I obferve two things.
I. This Money that was for Archers, the Money was levyed on tlie
Body of tire County. 2. Recovered by an Inditfment at the
Kings Suit, 27 Jff. p/. 17, 11 H. ^. fo. 2. the Fee of the Knight of
the Shire that ferves by Parhament, they are reckoned aniongl"t
pubHck Duties ; therefore the Goods of a ftranger may be taken
within the Town to pay thofe Fees: If the Money be not paid,
the diftrefs may be fold, for it is for a publickDuty, n //. 4. 2.
fo is the Book, Rt:^. 19. 2. The King commandeth the Sheriif to
levy thole Fees, as well within his Liberty, quAm extra. Hill. 20
E. 5. Rot. 57. coram Rege Juratons Huf/drcdi dc S. They make a
Prefentment, that J. S. and J. D. Chief Conftables of
paid Wages to Archers which went not beyond Sea.
So as by this Record, it appeareth, thele publick Duties are re-
coverable at the Suit of the King, flHj.i ad op.'-:-S'Dom!m Rto/f^ Pat.
14 £. I. M I. 14. The King commanJeth an Account to betaken
of the Murage, and how the Sums have been imployed, i^. i 5
£. I. cor.tm Rcoe 70. Do. /^//'/'o/z was Befieged, they gaveHolla-
ges ; Promifc made by the Town, that thole Hoftages fliould be
redeemed, they were nor, complaint made unto the King, and
came to the }\rngs-Bench ; and thefe Monies being 700 /. that was
promiled by the Town, for bringing back of thole Hoftages, M-as
ordered to be paid, becaule it was for the pubhck Service : So for
other things that are pro Qommuni titilitate int* C'?ia^ Hill. 5 E. 4.
Rot. 4. A:iri:m RegiK.-c, due unto the Qiieen, may be levied by Pro-
celsoutofthe Exchtqner in the Kings Name ; nothing more ufual.
This 6V/>' Fac' it is grounded upon the whole matter, the Writ
4 A/'g. Cart, and Mittwins., aud commanded that the Defendants
fliould fliew caufe why they fliould not pay the Monies affelTed up
on them foi' the publick Service.
My Lords, I have done with the Objeftions, I fhallcome to the
Judicial Records, 24 £. i. ad Cuficdiam Maris. Bark-fhire., an In-
land County, refufod to contribute ; the Names of thole that made
default were certified into the Exchtqinr.
It appeareth by the Records cited, that Proce Is went out of t lie
Exchequer in the ftriftelf manner, a C.ipl.rsoi' their Lands, Tene-
ments, Goods and Chattels ; and that their Bodies with Horle
and Armour be font to Portjmontb ; fo, befides the doing of their
Services, the foizure of their Lands and Goods. The lame year,
ex parte Rern Thefaiirar'' , on the Other fide J''- ^f •5'. gave informa-
tion unto the Chancellor of the Exchequer^ and Barons, in the ab-
fonce of the Lord Trealiirer : A Billiop of the preparation of
Men in Fla>tders, ( this being rcmembred before to anotiier pur-
pofe : ) It appeareth, after Confoltation had, they did refolve to
fond forth two Writs, one was to the Town, the other to T. H. Cu-
ftos Maris., to call all for defence of the Maritime Parts ; exp.irte
Reiti Regis, 24 £. 1. Rot. 80. Henry Hujfey v/as foizcd of the
Mannor
IS C
ayo'i'
Htfiorical ColleBions.
Mannor of W. in Barl'-fJjire^ he was affeffed to find ^Hor^e pro Cr/-
fhd'' Marit* ; he complained in the Kxckquer, he had not the
whole Mannor, and yet was affeffed to find a whole Horfe ; fo he
did not come and lay, I ought not to be taxed ; he fubmitted to the
Power, and defired a mannerly Contribution, 25 £.1. Rof.j2.
The Abbot of Robert sbrido^t Cafe remembred on both fides divers
times; under favour, the joyning of the Iffue in the Record, is a
very full Proof in the Cafe ; he brought a Replevin againft Jo. S.
for taking of his Goods, an In-lind Town in /^cTzr, he pleadetli
the Confirmation between our King and the King of Frame, and
Ltyborne affigned keeper of the Sea. That the Plaintift^ was afiel-
fedunto 7 /. 7. d. Anno 22. 13 /. 2^. 15 J. 24. and the Defendant
being CoUeftor, did diftrain. The Plaintiff did not fay in Bar of
this, he ousht not to be taxed \ but he was fefTed ad invrnkna, he, :
for flich Lands.
The Defendant, faith the Plaintiff, did hold other Lands in the j
County, and for that Land he was fcffed ; now, this doth admit the
Power of taxing, Hill. 16 £. 3. Hot. 23. coram Reo^e. The Jury of
Norfolke did prefent, that J. /?///t/ and others, 8 £. 3. wereHob-
lerselefted in the Hundred of T. and ftaid at home ; they plead,
not o-uilty *, the Jury find that "Jo. Rujfel did perform the Service,
hwt^o. S. did not perform, therefore committed to Prifon, and
paid a Fine unto the King. By this Record it appeareth , the
Money paid to the Archers and Hoblers was at the Counties
Charge.
Methinks the difclaimer that is by the Commons, 13 E. 3. Pari,
N. 9. II. is in nature of a Judgment in this Cafe; for there they
did difilaimthey had no Conufance ; and there likewife, upon their
own confefTion, that the Maritime Farts ought to defend at their
own Charges, as theln-land Parts the In-land Counties : This Con-
fefTion, 13 £. 3. isa fl:rong Argument, Pari. 21 £. 3. Rot. 20.
when the Commons did petition de(^arde k Mare, anfvver foit ^arde
fait ; and that was at the Charge of the Country, as your Lord-
fliips know.
20 £. jj. Divers Or(|hnances made, which Ordinances made had
the force of a Law: The King and His Council did ordain, O^od
omnes lU', &c. which have fuch a quantity of Land, fhouldbefef-
fed to find one Archer. Decern Itbrar' terr.e Hobelar'', uiginti libr*
2 Hob:'Ur^, 2 5 libr'' unum hofjiinem ad Arma. This appeareth Fra.
20 £. 3. pars I. M. 17. in the County of Bedford and Back. In the
fame year another Ordinance, that thofe that did recide with their
Fam.ilies, cum toto poffe, within fix Miles of the Maritime Parts,
were excufed for finding of Men without.
Mv Lords, Llpon the occafion of this Service there was divers re-
fufals made. Certificate by Mittimus of their Names into the Ex-
chequer, as in this Cafe. j. T. and W. G. were certified defaulters
amono- other; upon this the Court of Exchequer they award Pro-
cefs aoainfl thefe Men and others, which was a Capi.u in wAmis :
Seizure of their Lands and Goods ; they came in and pleaded, that
they did rtcxic. infra Jex h tires, wuth their ramilies, and all their
Power : Ilfue joyned upon this, Jury Impanneled ; and it appears,
thofe that were found within fix Miles, Judgment qucd fine die, but
j for others imprifbned and fined, for fb much Land as they had witii-
1 out
Hijiorical GolleElwns.
589
out the fix Miles, for that they were charged. If Ifhould number
unto your Lordfliips all the Judgments iti this kind, I might fpcak
here till to morrow morning.
P. 22 £; ^. int' 1:0' ia in the Exchequer i P. 22 E. ^. M. H. 21 E.
5. P. 25 £. J. A/, 2 5 £. J. P. 27 £ 5. P. 28 £. 5. Ami tliere is a
great number of other years of 29, 50 H. 4. And, my Lords, ac-
cording to thofe Judgments, hm. ar £. 5. P^/. 5. The Writs
went forth for difcharging of fuch as had recided upon their Lands
within fix Miles, 21 £.1. Pipe Roily difchar'gcd, becaufethey were
in the Kings Service : So as, my Lords, out of thcfc Records thus
much may be coUeflted, 1. They affirm the Kings Power in the
Aflefling and Levying. 2. Then they are grounded upon thofe
Ordinances made by tlie King and His Council. 5. Procefs went
out ot the Exchtquer, and not in the Kings Name^ M. 22 £. j.
Pari, coram B.tro»n. Iffue joyned , whether J. S. had Land to
the value of 40 /. to find Hoblers : If he had, then he was to
do it.
My Lords, I ha\x now done with the Judicial Prefidents. I have
cited fbme few among many other. It is now time, after folong
Premifles, to draw unto (bme conclufion.
Wherein your Lordfhips have heard, i. That the King of £»£^-
land, that He is an abiblute Monarch, and that by the Common
Law o^ EngLmiidM thofe Jura oumf/u M.ijtjhtis are inherent in
His Perfbn,
This Siifremiim Dnminnm, for dllthe Landtliat any Subject hold-
eth, it is derived from the Crown : And as Plovden putteth it,
12, I J. That there is a Tacite Condition in Law annexed upon his
Grant, that his Officers may do Juitiee,to execute his Procefs fure-
ly upon his Grant.
This Tacite Condition may be lubjeO: to a cdrnmori Defe'hce ;
Supream Jurifdiftion both by Sea and Land was never yet impeach-
ed. And from him lieth no Appeal. And originally, by the Infti-
tution of the Laws of this Realm, what was once in his Hand was
never granted from him; he hath abfblutc Power of concluding
War and Peace: all thele are in him as he is an abfbluteMonarch.and
holdetli in his Kingdom under none, but God himfelf It hath ap-
pearedj that the principal part of this Kingly Office confifl:s of the
Defence of the Realm : That as his Juriidiftion is by Sea and
Land; fb is his Defence: And this hath been made appear unto
your Lordfhips, both by Prefidents before the time of WilU.im i.
andfince, pro Qommuni utilitate', and in Cafes of neceffity the
Kings of England may Ordain by their Proclamation, Writs, Pa-
tents, by the advice of Council and Judges in Legal Matters, that
the King is the fble Judge of this danger, both for the prevention
of it, and for the avoiding of it. Therefore for us to dil^rull,
that he will command too great a Power or Aid, it is a prefumption
againfl a prefumption of Law. It has appeared likewife, that all
the Incidents of Defence is inherent in His Majelty ; we cannot
build a Fort or Caflle on our own ground without Licence. Your
Lordfhips have heard the Prefidents particular and general : The
Prefidents which have univerfal Realbns, ^undomnes ex dehito a-
(IriEli fimt. Writs awarded by the Kings Royal Power in time of
Parliament, when Parhaments were, and in thole years when great
Aids
I J Car oil.
590
Hijiorical ColleUiom.
An. 1637. Aids and Subfidies were granted to the King, many times rio caufe
declared, nor the occafion difcovered. There is no Aft of Parlia-
ment made to take away this Power ; and the Judicial Preli-
dcnts which your Lordfhips have heard, have affirmed this Royal
,Po\\'cr.
My Lords, If there were no Law to compel unto this Duty, yet
Nature, and the Inviolate Law of Prefervation, ought to move us ;
Thefe Vapors which are exhaled from us will again deicend upon us
in our fafety, and in the Honour of our Nation. And therefore let
us obey the Kings Command by His Writ, and not defpute. He is
the firtl mover amongll thefe Orbs of ours, and He is the Circle
of this Circumference, and He is the Center of us all, wherein we
all as the Loyns, fliould meet; He is tire Soul of this Body, whole
proper Aft is to commanc^..
I fliall need to ufe no perfwafion to do Juftige in this Caufe : And
therefore I fhall humbly defire Judgment for the King.
Tk' qulI of Mr. Attormy-'Gmcrah third days Argument.
Paffciger in Mr. Holborne's firjl days Argjtment ■
for Mr. Hampden, in his Kefly to Sir Ed-
ward Littleton^ His Majefiies Solicitor-Gene-.
raly in the Cafe of Sbif -Money ^ which gofve
occafion to the Court to refieB iqon in his Ar-
gument.
May it fleafe your Lord(})ips,
N obedience to your command, I am ready to argue, though not
as I defirc, nor as the Caule deierveth, it being impoffible for
one m fo fhort a time to be fitted to make a Reply ( the life of the
Caule ) to an Argument fo long learned, and lb full of Records,
wherein neither Labour nor Learning was wanting. I fliall now
rather fliew your Lordihips what I might do, than what I fliall for
the prelent, well hoping my Clyent will excule, and your Lord-
fliips greater care fupply my defefts.
A-fter he had opened the leveral Writs, he faid, My Lords, I
lliall proceed to the ftating of the Queftions, which are Three.
The Firfl:, which is a chief one, is this , Whether upon the
whole Record the Cate ib appears for the King, that 4 Aiigufti
1 1 Caroli being the day of the Date of the Writ, the King could
charge the County of Bucks to find a Ship at their Colis and
Charges ?
2. By way of admittance, if he could yet. Whether the King
can give Power to the Sheriff to Affels the County, as in this
Cafe ?
^_. iiJl
Hiflorical CoUeBionf.
591
. j; By a further Admittarice, admit the King had Power to
Charge, and Power to Allels, Whether can he levy the Money un-
paid by this courle of Certiorari and Mittimus, as he miglit do if it
were his own proper Debt ? . .
The firft Queftion is, Whether or no iipoti the wliole Record
the Cafe appears lb for the King, that 4 Ji(\>^n.(}i 1 1 Car. being the
Date of the Writ, the King could by His Writ charge the County
of Buckingham for finding a Ship of War ? As it hath been on His
Majefiies part flated, by the Kings Solicitor, who flated his Quc-
ftion in thefe Wdrds.
BEfore I enter into my Argument, becaufe the true flating of a
Queflion in this and all other things doth exceedingly conduce
to the clearing'of a thing in queflion. I fliall in the firft place ob-
lerve the Writ Dated 4 Augu(l:i. 1 1 Caroii, ( the ground of tliis
AlTefs ) which was direfted into Buckingham-fljire^ and into all the
Counties of England ; and this was for raifing of Money towards
the Provifion for Ships for the Defence of the Kingdom, with a
notable Circumftance, Quia faltu Kegni pcriditahatur ; which be-
ing expreffed in the Record, is conifefTed by the Defendants de-
murrer ; and not only fb, but teflified by the King Himfelf under
the Great Seal, ( in the Mittimus ) and in all matters, efpecially
concerning the publick fafety. The King is Recordnm Superlati-
njurn, & fuptr precelkns, as is ftiled in the great Cafe between the
Earls 0^ Gloticefter and Hereford, 20 E.iAo that the Queflion is
only thus ; Whether the King, finding in His Judgment the fafety
andf prefervation of the Kingdom and People, neceffarily and una-
voidably to require the Aid commanded by this Writ, may not
command fucli Aid by Writ, for laving and preferving the King-
dom and People ?
Wherein, I confefs, there is not a word but hath its weight.
As to this Qifeftion thus made, I fliall make three Exceptiohs,which
are things taken in to be granted, which I lliall not agree to, if I
can avoid them.
1. That, at the leaft, in the ICings Judgment, the fafety and
prelervation of the Kingdom was endangered 4 Angujli ; that is,
that the Kingdom was in danger to be loft.
2. If it be fo, that the Kingdom was in fuch danger, and that the
danger was fb inftant and unavoidable, that it neceffarily required
this Aid by this Writ, ( that is ) it required a prefent Charge of
Shipping prefently , 4 Angufti ii Caroii, to be forthwith com-
manded, and that the expedation could not ftay for a Parlia-
mentary Confideration and Supply : Thefe be the things wherein
we differ.
And laftly, for the truth of itj that the Certificate under the
Great Seal, was fufficient in a Legal way. Thefe are three things
to which I take exception.
My Lords, To find out whether the Record dotli warrant thefe
three things of great importance : Firft, I fhall fcek for them irt
the Writ 4 Jugufli, and next intheMmw,-// ;■ there is no colour
elfe-were to look for them ; to open the Writs rightly will clear
thefe differences, as I humbly conceive, without any greaLArgu-
ment. And firfl the Writ dated 4 Augufti 1 1 Car^ I fhall readthfc
^ggg ,.....^.. .::-<.,-. ^v'Qrds
rj Caroii.
The Queftioh
as it was fla-
red by the So-
licitor-Gene-
ral.
:592
hjjhwicd ColleBiom.
An. 1657- I words wherein the dangers of the Writ are expreffed ; and then
explain what words give that fence that is taken out of them.
Qmn. d>ttum nobis inttlligi , quod. Pr<edones qui dam Pirati d"
Marii Graff atores tam Nomint Qhnfiiam Hojtes MxhumttAni qitam alij
Qongregati ; Naves d^ Bona df Mercimonia non jolum fubditorum no-
flroriimj 'veriim etiam fubditorum Amicortim noflrorum in Mari^ quod
jjer Gentem Anglicanarn ah olnn defendi Confufvit : Nefarie diripien-
tes homines d^ fpoli antes ea ad libitum fuitm deportavere, homine/q;
tofdtm in Captivitate Miferima Mancipantes : Cumq, ipjos confpi-
cimiis, &-C. Here are the CaufesandOccafions; all that come after
are not material to the Hating of the Qyeftion,
My Lords, in the opening of this Writ, it is true there was'
mention of lofs by Merchants, fbme particular Members of the
Kingdom, and this lofs but by Pr^dones Pirati quia Mahumetani c>^
alij', and though alij^ yet Pirati flill, and no more, then it faith
ipfi ; iiili thefe i^irates daily molell the Merchants, ad gravanduf/i
Pirati W\\\.
Hitherto, I conceive, there is not a word of danger from an E-
nemf, but from Pirates ; not a word of danger to the ICingdom, but
to Merchants ; hov\'ever all this is quod tnttllexitnus.
The Record goes on thus, Confideratis etiam periculis^ &C. This
part, as I conceive, is not fb pofitive, the dangers are but Confide-
ratis, nor the danger to the Body of the Kingdom, no word of
that ; or if to the Kingdom, yet nothing, whether it be in point of
fafety, but only in point of moleftation, none of all thefe ap-
pears.
And befides, the Claule is too general, not exprcfTmg any parti-
cular danger, from whom, or how ; however, be the danger to
the one, or to the other, be it to the Kingdom or Merchants, be it.
for-troubles or fafety ; hitherto I may fay, that there is no mention
of any fuch inftant danger, as neceftarily did require this in-
ftant command in the Writ, not fb much as in the Kings Judg-
ment.
For ought it appears, a Parliament, even in the Kings Judg-
ment, might have been called, a confideration taken for Defence :
Here be all the PremiiTes upon which the Conclufion mufl arife;
and hitherto nothing material to make a danger to the fafety of the
Kingdom, and fb inftantly that a Supply, nunc aut unnquam, muft
come in. Although the PremiiTes, I conceive, are only confiderable,
yet even the conclufion will be but this, convenit accekrAre^ it is
fitting to haften, but no flich neceflity ; and though it be convenit
accelerare pro defenfone Regni; if that were material, it cannot be
conftrued but with relation to the PremiiTes, whereupon it is built ;
and whether in fear of trouble, or danger, or lofs, non conftat, and
though it be cum omni fftinatione, yet it is quia pcterimm, and that
is poffiimiis quod jure poteriniMy that is, with all the hafb that by
Law you can make , whicli way that is your Lordfliips have
heard.
Now, my Lords, under favour, it appears on the Record, that
there was no fuch inftant necellity, but that a Parliament might
have :been time enough ; for as it was obferved, that between the
Tefirof the Writ,, and the Randezvous, there was 200 and odd days,
where-
Hifiorical Colle&ions.
59^
whereas a Parliament required but 40 days for meeting, tlie re-
mainder of. thefe 200 days a Parliament might have conlidered of
the means of a Defence ; but I leave it to your Lordfhips to judge,
notwithil:anding thofe expences of time cunningly numbered unto
your LordHiips by the Solicitor ; and though it be true , that
things oftentimes are long in fetUng, and deliberation in Parlia-
ment ; yet Nature tells us, they can be done fboner ; and if there
be a neceffity, we know that vill inforce.
I have but opened x.lm'WxiX. quarto Augiijti : lam now come to
the Mittimm. The only doubt which I conceive in the Writ of
Mitfrmri-s, is only that where the Cafe ihnds but thus.
In this Writ is recited the Tenor of the Writ dated quarto An-
gtifti^ and then the Writ goes on, and faith, Qjnx filns Regni peri-
clitahitur^Q. and that is all the Claufe in the Record that doth give
colour to the Cafe, fb it be made, and on the whole Record we
have demurred ; here it hath been faid, that m'c have confefTed all
by the Demurrer ; and if that hold not, the King, who is the Judge
of the danger, he hath laid fb, he hath certified it fo by the Great
Seal.
I fliall feleQ: a few from many other, on wliich I fhall rely.
My firft Anfwer is this here, the v\'ords are, that fains Regni pe-
riditahittir^ thefe words in Ihew feem tobe pofitive, but in fubftance
but relative, and is rather a Comment on the Writ, or an abflraft
in Point of thofe dangers mentioned in the Writ, for the Claufe
was brought in on the Return of the Writ ; and if we have the
Y\h\t it felf, the Comment thereupon, or further explanation
thereof, is not material.
2. Second anfwer I doubt, I fay no more ; if the King put parti-
cular Reafbns into the Writ of quarto, Augufti^ whether the Law,
I fpeak of the Legal Courfe, do permit an Afirer-Writ to put in
further Caufes of the fame nature with the former, and to the
fame end.
If the Cafe be thus, our Demurr vVill be no no confeflion of
any fuch danger.
In the next place, admit the words in the Writ had been Pofi-
tve, and materially expreffed ; yet, according to our Rules of Law,
it cannot make ufe of that fence they are nowapplyed unto ; for, at
the beft, the word Salii-s being proper only to a Phyfitian, Natural
Body is applyed as a Body-PoUtick : It is but a Metaphor which the
Law will not endure in Writs, 'for it would bring in great mif-
chief in Writs and Pleadings. Metaphors are dangerous ; we
know notJiow to take IlTue upon it ; and therefore is not regularly
allowed ; but I leave it to your Lordfliips Judgment.
There are no words of fuch danger of the lofs of the King-
dom, that is fuch inflant danger ; for apply the words to a natu-
ral Body, as Salia^ J. S. is in danger, it doth not prefently im-
ply it, that he is in fuch inftant danger of Death ; a Doftor will
fay, that a Patient hath not his Health, yet no danger of death,
which is the common fpeech ; the fame fence it mull: have in a
Body-Politique.
If the words were good, and did imply a danger, yet not fuch
a danger of words, as Ihew a danger that m.ay hazard the lofs of
the Kingdom ; for the words arc only SaUa Regni perklitabitiir, and
■ G g g g 2 the
l^ C.irol:.
594
Htflorical ColleBtons.
An. 16^7.
the thing may be now in aftion, which twenty years hence, if not
prevented, may lofe -the Kingdom : A fvlan may fay that iafety is
in danger, at the beft, the words will not make the Cafe as it is
put.
Mr. Solicitor, out of his great care, learching into every hole
where he thought we might peep out, doubting our Demurrer
would not be a ConfefTion fiifficient ; he takes in another help,
which is this, that if this be fb declared by the Kings opinion, and
under the Great Seal, that this alone had been fufticient: for this
there hath been urged the legal weight of the Kings affirmation^
and of a Certificate under the Great Seal, and both be concluded in
this Cafe.
My Lords, before I anf^er unto this matter, I profefs for my
Client and my felf, that we owe as much Loyalty to the King our
Sovereign, as any ; yet I hope I fliall be permitted in a legal way
to have the Priviledge of them that uflially fpeak in this place .-
In fpeaking M'hat is pertinent and material for my Client, I make
no doubt of the Kings word, and believe there was danger, though
not fb apparent to us, but only both to allow it as fufficient in a
legal Proceeding, and that His Majefly, who in His own M'orth de-
ferves it , by after Princes might turn to difadvantage. That
which we urge is , how far in form of Law this may be al-
lowed, which we fliall argue, and that briefly, for the Cafe need-
eth not help.
For this Point, I take it for clear, under your Lordfbips favour:,
that in legal Proceeding, and regularly, His Majefties Opinion and
Certificate in things of faft, is not binding.
My Lords, the Reafbn wherein I fhall mofl: rely to avoid the
fence of the Writ Salm Rtgni^ 8fc. is this. That though it do now
appear by the Mittimus., that c^narto Augufti the Kingdom was in
danger of being lofl: ; yet it is not fufficient in Law, nor can our
Demurrer hurt us, becaufe it muft have fb appeared by the Writ
quarto Augufli it felf; for the Writ and Declaration in Law muft
ever contain precifely fb much of matter, as is neceffarily true to
warrant the demand.
hi this, to fee the mifchief, if a danger now declared makes the
Cafe, how Hiall the Subjeft know on the Writ quarto Angufti,
whether to obey or no ? the Law binds no Man to divine ; and if
this fubfequent Declaration fhall mend the Cafe, then the SubjeQ:
fliall be a wrong-doer, ex pofi facfo^ which is againfb the reafbn of
our Books. T Ihall remember the Cafes put by Mr. St. John to ano-
ther purpofe, 22. A([. 5. 24 E. 5 Br. Com.
A Commiffion fent forth without expreffing the caule , that
Commiffion is not good, and it is not denied by Mr. Solicitor ; a
caufc muft: be fet forth to make it good in Law. And if yotir
Lordfhips be pleafed to look on the Prefidents, ( as I know you
will) which the Kings fide fhall bring unto you, your Lordfhips
will find the danger turned from the firft Writ to the laft ; nay in'
in the Writ of this year, as I am told, it is fb, out of their opi-
nion fearing the Writ quarto Augufti was not fb good as they wouki
have it ; they put it into the Mittimm-. which they know could
not do good, but they did it only to cavil.
But
Hiflorical Colle^ions.
595
But laflly, admit that the King had faid, that the Kingdom wis
in fuch iaftant danger and lofs, and tiiat tiiere was an inftant ne-
cefTity of the command this way, and that this could not have cx-
pefted a confideracion in Parliament ; yet if the contrary appears
in the Record, then neither was the Demurrer a Confeflion, nor
the Certificate conclulive.
My Lords, In the conclufion upon all this difcourfe it appears, I
have fb pared the Cafe, that on the Writ dated cfuarto Jugu/hthevQ
appears no danger to the Kingdom of being loft ; that on the M/t-
timus there is no legal home-exprefs words of danger to the King-
dom, inftant or unavoidable ; if it were fo , yet it comet h not
time enough, for it fliould have been in the Writ dated ouarto Au-
g4
And if expreftion of fuch inftant danger in Qnarto or Mittimui,
yet not material, if otherwife on Record.
And laftly, this Certificate doth not conclude us .- Thus then to
iliew what the Cafe is, and to what it is not, I have put out of the
confideration of the Cafe, all confideration of luch dangers to the
fafety of the Kingdom as are unavoidable.
I have left -nothing in the Cafe but confideration of protefl-
ing Merchants againft Pirates , but for ordinary Defence of the
Sea.
If the Cafe do fall thus, I humbly conceive, that in this place
without further Argument, I might with fome confidence venture
my Client upon your Lordfhips Judgments, notwithftanding any
thing offered on the Kings part. Here Mr. Holhome made a little
ftay , but the Lord Chief Juftice Fmch^ in the name of the
Court bid him proceed in his Argument } then faid he, By your
Lordfhips command I fliall proceed, having laid afide the Mittimus^
and Sal/is Regm^ and taking the Cafe only on quarto Jmtifli, which
as I take it, is nothing of danger to the Kingdom,^ but againft
Merchants , and but of common Defence : The Cafe ftands
thus.
That though there be no aftual Invafion, no known or declared
Enemy, yet the King, out of His Judgment, quarto Augnfii 1 1 Car.
apprehendeth, and forefeeth danger to the Kingdom in point to be
lofi: ; and that the danger fb inftant and unavoidable requireth this
Aid, whether the King out of Parliament, by His Regal Power,
can command this Supply ?
I have endeavoured not to miftake the Solicitor; it were an injurv
to requite him fb ill.
Upon the whole my end is to fhew, that by the fundanlental Po-
licy of Efigland, the King cannot, out of Parliament, charge the
Subje£t, neither for common good, unlefs in fpecial Cafes, and of a
different nature, or upon different reafbn, nor for a neceflary De-
fence, though, in the Ivings Judgment, inftant and unavoidable.
My Lords, In the debate of thefe two Queftions I have learn-
ed of Mr. Solicitor not to fay all I could , but fb much as is
necefliiry ; and as he hath chalked out the way, I fhall enquire
on this Power by Arguments upon praftice conftant and allow-
ed in time of good Government, v/hen the liberty of the Subjeft
W3S not trampkd upon, and fhew it by Afts of Parliament, Rea-
fbn and Authority on both.
My
1 J Caroli.
596
Htflorical ColleBions.
J f?. 1611. My Lords, I am now come dole to the Argument upon the
main ; before I begin give me leave to profefs that I am in a Di-
lemma, the Queftion will be what the King can do in thofe Cafes
by his Regal Power : it much concerns him, and I have learned out
of a Speech of his late Majefty what it is to debate fuch quefti-
ons ; not to argue it were to difobey the Affignement of the Court,,
and to defert my Client and the Caufe •, tor my Part, as your
Lordlliips fee I have laboured to decline the main Queftion, and
fliould be glad it fhould fo deep : I fhall offer it if happily the
cafe fall off in the opening of the Writs, I doubt whether the
way of Argument I muft otherwife take fliould do the Crown dif
your fervice.
Out of my duty to His Majeftie, and fervice to your Lordfliips I
humbly offer it whether your Lordfliips may not think it fitting to
determine the Queftion upon the framing of the cale as it is upon
record, before it be further argued ; and here_I fliall reft, or upon
Command ready to go on.
Hereupon the Court declared by the Lord Chief Juftice Firjch^
that they do not uie to Judge Cafes by Fraftions , whereupon
Mr. Hoihornizid, fince it is your Command I fhall go on.
I hope His Majefty will excufe us for arguing that which elfe
cannot be determined, and as he hath given way to an Argument,
I hope his goodnefs will excufe us while we do our duty for our
Clyent, and if I err in my materials, or in the way of my argu-
ing, it's from the defeQ: of my wifdom ( I cannot be wiler than
God hath made me ) and not out of any difaffeftion to the fervice.
My Lords, I hope neither His Majefty nor your Lordfhips will
think it a prefumptron if I make a ftraight enquiry into a point
of a higher nature, yet thus far I affure your Lordfliips, if any
matter or confideration of State come in my way, I fliall tread as
lightly as I can, yet I muft crave liberty to pick out fbme to re-
fer to your Lordfliips Confideration, and forbear thofe things that
are unfit. Here the Court faid by the Lord Chief Juftice Finch,
keep you within the bounds of duty, as befits ont of your Profef^
fion at the Bar at IVefimmfter , and you fhall have no inter-
ruption.
My Lords, I fliall be very wary and tender : I fliall now open
the divifion and feveral parts of my Argument.
My Negative part , that the King cannot out of Parliament
charge the Subjeft, not only for guard of Sea againft Pyrates,
but not for the defence of the Kingdom ordinary through the
Kings Judge the Kingdom to be loft and unavoidably endammaged,
andln this I muft take in the defence, as well the defence of Land
as Sea.
My pofitive part, regularly the King Is tOt)? at the charge for
guarding the Sea againft Pirates, for defence of Land and Sea
againft Enemies fo far as he is able , and further if he were more
able, and that the King hath provifion and confideration for both,
and efjoecially for Sea-fervice.
In the profecution of thefe two general parts, I fhall not only
propofe mine own confideration, but joyn them with Mr. St. Johns
as I can further inforce them, or juftifie againft (he Solicitors deni-
al or evafion.
And_[
Hifiorical ColleUiom.
W
And this courfe will necefTarily bring in many of his Arguments,
which I could be glad to fpare if the caufe would bear it, bccaule
your Lordfhips fliould not think that I do nothing but repeat.
In this way I fhall humbly endeavour to clear each part by
giving a reply before I delcend to other particulars, and where
I conceive a new Objcftion which will not foil within any
former Andvers , I will raife it and endeavour to lay it. Into
thefe general Queftions will fall many other of greater confe-
quence.
For Hich as not being the main, I will not draw upon particular
debate where there is any thing that concerns matter of State or
revenue, I hope to admit fiich and fave my Clients cafe.
Having thus unfolded my form of Argument, I defcend to my
Negative, that the King in none of thefe cafes without Parliament
can charge the SubjeQ:.
I. I'le prove it fromreafbn, which isMafter overall Authority
as faid Mr, Solicitor^ and from reafbn drawn from the fundamental
policy of the frame of this Englifli Government,in the neceffary at-
tendance of the publick advice in Parliament upon the Royal Pow-
er : And fccondly from the abfblute property the Subjeft hath in
his Lands and Goods. From thefe things I fliall draw my Reafbns.
For the political advice in Parliament, I fhall here decline all
School difputes, the Spider may make Poyfbn out of that which
the Bee fucks Honey ; I fliall omit the confideration of fbme points,
I fliall make my rile from the Judgement of King James i6g. in
his Speech of Parliament, wherein His Majefty agrees that a King
in Concreto can do no more than the fundamental Laws of the
Kingdom alloweth, for more I afTure my felf His Majefly defireth
not.
Before I enter into the Argument further, whether the Law hath
intrufted the King out of Parliament in either of the cafes put, I
here profefs for my Clyent and my felf, that while we fpeak of
political advice, and how far a Governor is fubjeft to Error and
Will may ufe a Regal Power, we do always with thankfulnefs to
him acknowledge our prefent happinefs to be blelTed with lb fuft a
Prince, and we fetch it from our hearts, and were His Majefty fb
immortal as he deferves, and that His Succeffors might be Heirs to
His Vertues and His Crown, we fhould wifh that the Regal Power
might be free from political advice and unlimited.
Here my Lord Chief Juflice F/w/'faid, this belongs not to the
Bar to talk of future Government ; it is not agreeable to duty to
have you bandy what is the hopes of fiicceeding Princes when
the King hath a Bleffed Iffue fb hopeful to fucceed him in his Crown
and Vertues.
My Lords, For that whereof I fpeak, I fjoeak looking far off, ma-
ny ages of 500 years hence.
My Lords , Becaufe I might run on to a further error , if I
fhould not take your advice I fhall flip over much, and the fum
of all is ;
I. An Argument from the Policy of England, in the neceffary
attendance on the particular advife in Parliament.
2. It
l^ Carol! .
L. C. J. Finch.
593
Hifiorical ColleBions.
2. It will be from the abfblute property that the Subjed hath in
his Goods.
Taking that for granted againft the Book of Corvel, the Procla-
mation againft it in the year of King Jamtsj that Cowel hath writ-
ten under the word Parliament, of the Kings Power out of Par-
liament, faith, that Power in Parliament is but a politick mercy ;
this was complained of in Parliament, and by a Proclamation the
Book was denied : your Lordfhips know another Book that was
fentenced upon the fame occafion; this ufe that I make of it
is,
If the form of EnglifJj Government ftand in the Regal Power,
and the Subjeft hath a property in his Goods, then the adequate
reafbn from both thefe, that therefore the King cannot without
Parliament charge the Subjeft in his Eftate, though in pretence
of common good , then a Prince 500 years hence , if fubjeft
to Error or Will, may if he will upon any occafion or no occafi-
on, may at what rate he will charge the SubjeG to the height.
As to the advice political, if the King can do this alone, what
is become of the policy for which the political advice was made,
attendant to the Regal Power, A^e rejpub. drc
If the Subjeft hath a property in his Goods, how is it in the
power of any one alone to charge that with mony.
This realbn I mufl; not leave, for on this the Caufe ftands or
falls ; though there be many Books and Cafes, yet all are from
realbn, but efpecially when theft ftand together.
The Author here breaks oflP with thele few pafTages in Mx.Hoboms
firft days Argument, which continued three days longer; here
followeth the days that the Councel of both fides argued upon,
VIZ.
Noz>emkr6.i6-^j. Oliver St. John o^ L/WoZ/zj-Inn Efquire Argued.
November He concluded his Argument.
November 1 1. Sr. Edward Littleton Knight, the Kings Solicitor-
General Argued.
November i-^. He Continued his Argument.
November I ^. He Itill Continued his Argument.
December 7. Robert Holborn of Lwcolm-lnaEiqmre, Argued.
December 4. He Continued his Argument.
Decembers. He alfo Continued his Argument.
December 8. He Concluded his Argument.
December 16. Sir Joh» Banks Knight, the Kings Attorney General
Argued.
December iS. He Concluded his Argument.
It wasTr/V?. Terw. 1638. before Judgement was entredinthis
Cafe, and in regard that year will be clogged with much matccr
of preparation for a War with the ScotSy &-c. We fhall here infert
though out of time, thefe following Orders concerning the entring
Judgement againft Mr. Hamhden, viz.
Ttrmino
Hiftorical ColleBiom.
599
Termino SanBtC Trinitatk Anno 14. Regis Car.
Mart is II. die Jumj,
Hereas divers feveral fums of mony, by veitueofthc Kings
Majefties Wric,under the Great Seal of £»^//z«^,bearing date
tlie ^th o^ Jugrtjl^, in the i ith year of His Majefties Reign were Af-
feffed and Charged upon feveral Perfbns, for, and towards the pro-
vifion of a Ship of War , together for the Furniture and other
things thereunto belonging, in the faid Writ particularly mentio-
ned ; M'hich faid feveral lums of money fb AfTeffedand Charged
and not being l;i.tisfied and paid, the names of the feveral Perfbns,
together with the feveral fums charged upon them, were by His
Majefties Writ of Certwrar' , bearing date the gth day oi March ^ in
the twelfth year of His Majefties reign, certified into this Court
of Chancery, and by His Writ of Mittimus under the fame Seal,
bearing date the i^th day of May^ in the i^th year of His Majefties
reign, v^•ere fent into this Court of Exchequer for furcher Procefs
to be had thereupon, as by the faid feveral Writs may appear :
And whereas Procefs of ^SaV^ F^r/Vj- was the 22doi May, in the
faid i^tb year of His Majefties reign awarded to the Sheriff'of the
faid County of Bucks^ direfted to garnifli the faid feveral Perfbns
in a Schedule to the faid Scire Faci.is annexed, contained to fliew
caufe the atas of the Holy Trinity then enftiing why they fliould
not be charged, and fatisfie the faid fums of money aftelted upon
them, hi which Schedule it was contained amongft divers others,
that Joh/i Hampden Elquire was alTefled at 20 s. as by the faid
Scire Facias^ and the Schedules thereunto annexed may alfb more
fully appear; whereupon the faid 'John Hampden Efquire being
garniOied by S\\ Anthony C/'fy/er Barronet, then Sheriff of the faid
County of Bucks, appeared and demanded Oyer of all the afore-
faid Writs, which being read unto him, he thereupon demurred
in Law, and Sr. John Banks Knight, His Majefties Attorney Gene-
ral joyned in the faid Demurrer ; and the Record thereof being
made up, it pifeafed the Barons of this Court f'the fame mat-
ter being of great Confequence and Weight ) to adjourn
the arguing of the fame matter into the Exchequer Chamber,
and to deiire the Affiftance and Judgement- of all the Judges in
England touching the fame. Now upon the motion of His Maje-
fties Attorney General this day informing this Court, that feeing
the faid matter hath been fb folemnly debated and argued, as well
by the Counfel of the faid Defendant, and by fbme of His Maje-
fties learned Counfel, as alfb by all the Judges of EngLwd, and
by the Barons of the Exchequer, and that the major part of the
faid Judges and Barons have delivered their Opinions and Judge-
ment, that the faiJ John Hampden ought to be charged witii,
and to fatisfie the faid fum of 20 s. and therefore the faid Mr. At-
torney moved this Court that Judgement might be entred accord-
ingly ; it is thereupon ordered bv this Court that Judgement fliall
be forthwith entred, that the afore'faid John Hampden ought to
be charged with and fatisfie the aforefaid film of 20/.
H h Ii h Memo-
x^ Caroli.
Ex parte rema.'
net, Regfs.
An Order up-
on Mr. Attor-
ney Generals
Motion to ea-
ter Judgment
iigainlt Mr.
Hm{den>
oco
Hiftorkal ColleEfions.
An. 16^57.
Manor a-adiin?, that I2 'Jnnii 14 Carroli Mr. Attorney moved
the Court of Exchequer for Judgement againft Mr. Hamp-
deny and after he had opened the Record he faid,
"X/^ Our Lordiliips and the Court In refpeft of the greatnefs of
X the Caufe did adjourn it into the Exchequer Chamber, that
your Lordfhips and the Court might receive the advice of all the
Judges, whole advice and opinion your Lordfliips have already
heard and received , and the plurality of their voices is, that
Judgement fliould be given- againft Mr. HAmpderi^ and according-
ly I ^0 pray Judgement.
To which the Lord Chief Baron anfwered.
It is very true, it was referred from hence to the Exchequer
Chamber to receive the advice of all the Judges in the Land, we
do not take them to affift only by way of advice, but for a judi-
cial direftion ; for admitting we four were of one opinion and the
reft of the Judges of another (though the Caufe properly depends
in thi^ Court ) yet we muft apply our lelves to their resolution,
and our Voices are involved in theirs, and there accordingly fe-
candmn Ltgem^ &c. omrttnr ''joh.inms Hamfden.
Now that we have imparted to the Reader the Arguments of two
of tiie Council Pro & Con, in the Cafe of Ship-money, the Author
begs leave ( although out of time ) to mention the Articles of Im-
peachment againft Judge Berkley ( one of the Judges before whom
that Cafe was Argued) for delivering his opinion againft Mr.
H/tmpden, which is a Prefidcnt as to the reft of the Judges ; for it
would be too tedious to mention every particular Judges Charge ;
and as an Introdudion to the faid Articles of Impeachment, here
is alfb mentioned the Speech of William Perepoint Efquire f a Mem-
ber of the Houfe of Commons j unto the Lords at the time of the
delivery of the Charge againft the faid Earl.
Willi.mi Perpcint Efquire, his Speech in Par-
liament ^ at a Conference of both Houfe s in the
tainted Chamber.
My LordSf
T Am commanded to prefent your Lordfhips thefe Articles, with
which the Knights, Citizens and BurgelTes of the Commons
Houfe of Parliament, in their own name and in the name of all
the Commons of Englmdy impeach Sir Robert Berkley., Knight,
one of the Juftices of His Majefties Court of Kings Bench, in
maintenance oftheiraccufation of High-Treafbn, and other great
mifdemeanors, the Articles they defire may be read. Whereupon
the Articles were read by Mr. Francis Newport.^ a Member of the
Houfe of Commons, t\\tnMx. Perpoint proceeded and laid.
The
r
Hifiorical ColleUwn^.
6ot
Tlie high Treafon is in the firft Article, In his endeavours to fub- t } Cttroll^
vert the fundamental Laws of this Realm, and to introduce an arbi-
trary and tyrannical Government, which hath been lately adjudged
Treafon in the Caufe of the Earl of Strafford.
The other Articles prove the firft by his Opinions, Certificates,
Judgments, by his denials of the benefit of our Laws, which have
been read by your Lordfhips. No fundamental Law to the Subie£t
is left ; our Goods, our Lands, our Bodies, the peace of a good
Conlcience, are by him given up to arbitrary tyrannical Govern
ment.
Nothing hath been omitted to make a Judge know the Laws, to
make him juft, or feaf him from being evil: We have Inns of
Court peculiar to that Study, Judges from thence only chofen ; fel-
dom any but what have been twenty years there ; Honours and Re-
venues are given to Judges, encouragement to do well ; this Judge
had thefe : Judges are (worn according to Law to ferve the King,
and His People ; according to Law to counfel the lying ; and for
not fo doing, to be at His Will for Body, Lands and Goods ; this
Judge took that Oath ; the Laws, the Judges Study, impole the
greatefl: punifhment upon unjuft Judges, they (hew that thefe pu-
nifhments have been inflifted, more could not be done to perfwade
or fear a Tudge.
His offences fhew in him great ambition, yet he was moft time-
rous of difpleafing the great in Power ; he did not 6nly forbear
doing what he was fworn to do, but was moft aftive againfl:
our Laws, and in oppofing and punifhing any that did maintain
them.
To have only received Bribes, (though they blind the Eyes, and
though the defire to get Money increafeth wdth Age ) that hainous
I crime in a Judge had been in comparifbn with his offences, a tolera-
ble vice ; for from luch a Judge Juflice is alfb to be had for Money.
Ambition is violent, and ruines, whilfl covetoufhefs is making a
bargain.
The words of his Opinion and Judgment are for. the Kings
Power, it is pleafing to the nature of Man that others fliould obey
his Will ; and well-framed difpofitions of Princes mayeafily be per-
fwaded their Power-is unlimited, when they are alfb put in mind,
that therefore they have more caufe to do well, and for doing well
are more renowned ; for the rtiojl: oppreflfive defigns, ( which we
have fuffered under ) the pretences of His Majefly have ever been
the good of His SubjeQrs ; his is the fin, that is to judge by the
Laws, and knows the Laws are to the contrary, yet puts and con-
firms fuch thoughts in his Prince.
He that incites another to arbitral-y Government, when his (elf-
ends are thereby compafTed, hates him for taking that Power he
perfwaded him unto.
The Writs, tho(e mongers, of neceffity tO provide Ships to avoid
imminent danger that could not ftay 4odays for the calling of a
Parliament, were therefore to go out in Septtmher, to have Ships
ready in March, This hath been adjudged by your Lofdfhips to be
1deftruQ:ive to the fundamental Laws of this Realm, and to the
Subje(9:s right of Property a;nd Liberty, &c. that I fhall fay but
this concerning them; that this Judge publifhed them to be infe- v
H h h h 2 pera- }
6o2
An. 16^7.
Hiflorkal ColleBion^,
1
perable Flowers of the Crown. And that we have lived to lee
for five years together imminent danger , and thus to be pre-
vented.
This Judge did advife to fuch a Government, as future Kings he?e
might exercife the higheft tyranny, and the Subjefts want the be-
nefit of reftraints, known to the moflr flavifli Eaftern Nations;
where, if their Prince do unjuftly, he hath hatred for it, and the
dangers that follow that. This Judge will have that hatred tO'
go to our good Laws : A^ fuch bond.tge ^ when the Laws of freedom-
are mi [-interpreted by fudges to make Men Slaves.
What can be confidered of in a Judge of Law, to give his opi-
nion and advice tb his Prince, how the Laws ( the mutual Cove-
nants of Kings and Subjefts)' are to be broken, but that his inten-
tions are to have his Prince do ill, by making his evil Servants to^
Itudy, and to be pleafed with their wicked defigns ; becaule they
fee means to pur them in execution, by making them to perfu'adc
their Prince, beeaufe in imminent danger His Subjefts Goods are at
his Will, that there is fuch danger when there is noty and' that they
have only fbrrie by-ends of their own.
This Judge wiH have the Law to be what to him feems reafon ;
the reafon limited to him to judge of, is what the Common-Law
faith is fo, what a Statute hath fb enafted. For him to judge this
or that is Law, elfe a mifchief fhall follow, beeaufe the Law in
fuch a thing is imperfett , therefore he will make a Law to'
fiipply it ; or becaule that the Law written in fuch Particulars is
againft his reafon, there fore his reafbns to be Law ; then mufb follow,
as often as a Judges reafon changes, or Judges change, our Laws
change alfb.
Our Liberties are in our Laws, where a Subjefl may read, or hear
read ; this is his, this he may do and be fafe ; and that thus the'
Judge ought to give Judgment, he is free. The exceffive growths
of Courts of Reafon, Confcience came from great and cunning-
Perfbns ; and thougli not the moff fudden , yet the moft dant^
gerous, and fure ways to eat out our Laws, our Liberties.
Unlimited Power muft be in fbme to make and i-epeal Laws to
fit the difpofitions of times and perfbns ; Nature placeth this in
common confent only, and where all cannot conveniently meet,
inilructeth them to give their confents to fbme they know or be-^
lieve fo well of, as to be bound to what they agree on. His MajefVy
your Lordfl]ips,and the Commons,are thus met in Parliament ; and'
fb long as \\'e are often reduced to this main foundation', our King
and we fliall profper._
This Judge will not allow us our Knowledge, or any Reafon,
he will have our minds, our SoUls Slaves : A Grand-Jury-man gave
his Fello^^'S true Information ; they prefent an Innovation in the
Church, are threatned and reviled for it ; he that told this truth is
charged ( I fhall ufe this Judges own words ) to fin in that, and
I that he made others forfwxar themfelves ; this Judge fent him to
the Common Gaol, where be is laid in Irons; and aU this, beeaufe
he and they durfl meddle with Church matters. He is forced to tear
the Prefentmept in Pieces in open Court ; our Laws provide for the
peace of our Confciences, many Afts of Parliament are for it, and
the truft by thofe Ads fet to Juries ; this Judge well knew all this;
youK
Hiftorical ColleUions.
603
your Lordfhips have heard what he did to the Jury at H.trtford ;
he would have us know no more Divinity tlian to obey what the
great of the Clergy direfted, no more Law than what he faid
was fo.
Judges in former times, ( but Only fuch as were examples of pu-
nifhment, as of injuftice in Cafes of great and, publick concern-
ment ) forbar.e proceedings, till the next Parliament. This nece-
fTitated the calling of Parliaments;this Judge had as many fuch Cau-
fes before him, as ever any had ; yet he never delired the relbluti-
on of Parliament in any one, for the ways he went, the necelTity
was never to have a Parliament ; he would pull up that root of our
fafeties, and liberties, which whilft we enjoy, the malice or inju-
ftice of all other Courts and Perfons can never ruine, and when
near to ruine ( as moft near of late ) this only fiire remedy
will help us ; nothing can ruine a Parliament, but it felf.
The evils which we have fuffered under, they were committed
by the Judges, or by them ought to have been, and might have
been prevented.
This Judge aflifted in caufing the miieries we fuffered in the
Star-Chafnher , and at the Council-Table , he denied the known
Rights which he ought to have granted us to ftop our grievan-
ces in the Ecclefiaftical Courts, he was the caufcr of our fufferings
in other Courts.
The beft lovers of their Laws and Libeftifes, the moft hoheft fuf-
fer moft by an unjuft Judge, they moft oppofe his vices ; diflioneft
perfbnsfind fuch a Judge to fit their purpoles, the Judge finds them
for his, the Bond of iniquity confederates them.
He that will do no wrong, will fuffer none which he can help :
The Man that knows himfelf born free, will do his utmoft to live
fo, and to leave freedom to his Pofterity ^ w^ere he in flavery,
Vv'hen by outward gefture thought to be mofl deliglited, were his
mind then known, there would be found vexation, and his bufie
thoughts employed to redeem himfelf and his Pofterity from thral-
dom. But to fay, could this Judge intend to make himfelf and his
own Pofterity Slaves ? what he did was through error of Judgment
only : No, my Lords, what his aymes and endeavours were, is ap-
parent. To confider Man in the general, we fliall find in every
Age he will be a Slave to fbme few, that many may be Slaves to
him, he looks to himfelf only ; this he would do, or forbear doing,
to be great, to be rich, had he Children or Kindred, or had none.
This highly unjuft Judge, by continuing fins, maintained his acti-
ons to preferve himfelf, he knows to be found guilty in one of his
offences, the penalty of the Law for it, therefore covers the offen-
ces committed with inventing and a£bing other.
For a Judge to be unjuft, more hurts the publick than any other,
he is not fufpefted. What a Judge doth, is looked on as a thing
that ought to be done. The moft pernitious great Man, that by
cunning hath got to himfelf the Heart and Tongue of his Prince,
his ill AQrs have dyed with him, if not taken up by others, and
then they walk ih darknefs : No Man will juftifie what he doth by
faying fiich a favourite did it ; but the unjuft Judgments of this
Judge were given in Noon-day, were done in the face of the
whole Kingdom, in the hearing of fuch as might carry the hews to'
all
I ^ Caroli.
(5o4
Hiftorical ColleUions.
Jn.\6n'
all parts of the Realm, and was therefore done ; his unjuft Judg-
ments were our Records. We have leen wicked great Men moft
craftily poUtique, they hated our Laws, yet not meeting with a-
ftive Judges moulded to their purpofes, they and their A6:s have
dyed, the Realm flouriflied ; but of late, others lefs politique meet-
ing with moft unjull Judges, every way as ill as they could wiflj
them to be, then did the Kingdom faint, under the load of its mi-
fery did long ftruggle ; now it's rifing, I affure my lelf, your Lord-
Ihips will affift to take off the burden.
If the defigns of fome would not have (uch a Man to be at liber-
ty, a Warrant from fome Lords of the Council would foon have
laid him in Prifon, and given no caufe ; had he moved this Judge
to be difcharged or bailed, he could have obtained neither, if their
ways would not have endured that Man to live, a Judge reviling
the Prifbner, and the Council that moved for his discharge or bail,
joyned with the hate of fbrae great Man, might fbon have moved
a Goaler for unwholefom rooms and lodging, and ill diet for his
Prifbner, and they may fbon take life away : Offenders in Prifbns are
looked after to be fafe only, fuch as are brought in by Power againfl
Law, are abufed.
Had a great Man defired the Eflates of others, the breach of a
Proclamation might readily have been charged againfl: them in Star-
chamber : but they, it may be, could have anfwered and cleared
themfelves, and proved their Anfwer by Teflimonies ; had they
been referred. to this Judge, he would have expunged the one,
fupprefled the other. Then followed Fines to the value of their
Eftates, or more than Imprifbnments of courfe till they paid fuch
Fines ; your LordfLips have heard what this Judge did to the Soap,
boilers.
The Country-man followed the Plough.and to his thinking he was
afTuredof his Right, Property, and Liberty, gave him ability to
do it. He believed his Neighbour, his Land-lord, his King, could
not take his Goods from him without his conlent. He knew the
ufiial Payments by Law, and in extraordinary Caufes thought to
have that care to chufe Tuch for the Knights of his Shire, or for
his BurgefTes, as might be mindful of the caufe of payment, and
of his Eftate.
This Country-man hath heard the Opinions and Judgment of
this Judge, hath feen his Goods taken from him, without his, or
his Knignts of the Shire, or BurgefTes confent or advice. Thefe
have made him, his Wife and Children to joyn in tears to wifh
they had never been born, they have made them think on many
ways to keep fafe that Eflate which was yet left them, have made
them defire to fell all their Goods, and hide the Money ; but then
he remembers this Judge, how that he fhall be carried to Prifon,
and remain there, if he pay not what pleafe others to AfTefs him :
Then they think idle perfbns ( the Drones and Moths of the Com-
mon-Wealth ) to be a wife People, whilft the Country-men expcfl:,
and can think of nothing, but being Beggers.
Where publick and enormous offences have been committed,
eminent and notorious punifhments muft be ; fuch will make your
Lordfhips Proceedings highly efteemed, elfe there will be fb many
offenders, and none without danger can be punifhed.
This I
Hiftorical CoUeBions,
605
This Judge fiibvercing our Laws, took away the Hearts of ma-
ny; he fublcribed for the Kings Power, but lb as lie put him on
taking his Subjefts Goods, and of all other, liich ways be mod
dangerous ; for we know His Majefty is not the lall that fiiffci-s,
and is not the King worth many thoulands ?
The place of this Judge was to have given and prelerved to the
King the Hearts of His Subjefts, the due execution of the Laws
had done this ; and when fuch notice is taken of a Prince, none
will conlpire againft him, m'Iio cannot feign to tliemfelves fafety
before or after any Faft committed, Forreign Enemies will not in-
vade His Kingdoms.
Thus iiath His Majcfty now got our Hearts, and will for ever
have them. This Judge is to an(\ver fc)r what His Majeiiy, and
for what we have futfered.
I am commanded by the Houfe of Commons to defirc of your
Lordfhips, that the Proceedings againftSir Rohtrt Berkeley Knight,
one of the Juftices of His Majeflies Court of /(/njrs-B.nch,
may be put in as fpeedy a way of Tryal,as tire Courfe of Parliament
will allow.
AKb Mr. Ho/Ux, at the fame time, made a Speech in the be-
half of Sir Randolph Cren\ fbmetimes Lord Chief- Juftice of the
Kjngs-Bench^ but removed, his opinion was agaiollr Loan-Money ;
but more of this hereafter.
I J iLaroli.
Jrticles
5o6
Hijiorical ColleBions,
An.1611,
Articles of Impachment of Sir Robert Berkeley,
Knight J one of the Jnflices of the Court of
Kings-Bench ; by the Commons' in this frefem
Parliament ajjemhled^ in their orvn Name^ and
in the Name of all the Commons cj^ England^ in
maintenance of their Accufation^ whereby he
fandeth charged jvith High Treafon, and othet'
great mifdemeanonrs.
tmprlmuj ^"T^Hat the izidiSn Rohert Berkeley, then being one of
J. the Juftices of the faid Court of Kjngs-Bemh,
hath traiteroufly and wickedly endeavoured to fubvert the funda-
mental Laws, and eftabUfhed Government of the Reahn of Eng-
land ; and inftead thereof, to introduce an Arbitrary and Tyranni-
cal Government againft Law, which he hath declared by traiterous
and wicked words, opinions, judgments^ pradlifes, and adions ap-
pearing in the feveral Articles enfuing,
2. Whereas by the Statute made In the i<,th year of the Reign
of King Henry the 8. Prices of Viduals are appointed to be rated m
luch manner, as in the faid Statute is declared : But it is manifeft.
by the faid Statute, Corn is none of the Viftuals thereby intended.
Neverthelefs fbme ill-affe£led Perfbns endeavouring to bring a
Charge upon the Subjefts contrary to Law , did lurmife, that
the Prices of Corn might be rated, and fet according to the
direftion of that Statute ; and thereupon great gain might be raif^
ed to His Majefty by Licenfes and DifpenfationsTbr felling Corn at
other Prices : And a Command from His Majeity being procured to
the Judges, and fcnt to them by William Noy Efq; His Majefties
then Attorney- General , to deliver their Opinions touching the
Queftion, whether Corn was fuch Viftuals as was intended to
have the Price rated within the faid Statute .• In anfwer to which
demand, the faid Sir Robert Berkeley then being one of His Majeflies
Juflices of the Court of KJngs-Bench, in furtherance of the faid
unlawful Charge, endeavoured to be impofed, as aforefaid, the
thirtieth day of November , in the eighth year of His now
Majefties Reign, did deliver his Opinion, That Corn was fuch Vi-
ftual as was intended to have the Price rated within the faid Sta-
tute ; which faid opinion was contrary to Law, and to the plain
fenfe and meaning of the faid Statute, and contrary to his own
knowledge, and was given and delivered by him, with a purpofe
and intention, that the laid unlawful Charge miglit be impofed
upon the Sub/eft.
?, That
Hijiorical ColleBiom.
60
7
^. That an Information being preferred in the Court of
Star-Ch.tmber by the faid IVilliam A(y, His Majefties then Attorney-
General , againfl: 'John Ozjerm/m, and fifteen other Soap-makers,
Defendants, charging them with feveral pretended offences, con-
trary to divers Letters Patents, and Proclamations, touching the
making and uttering Soap, and ufing the Trade of Soap-makers,
and other offences in the faid Information mentioned ; vvhereunto
the Defendants did plead, and demurr as to part, and anfwer to
other part of the faid Information : And the faid Plea and Demur-
rer being over-ruled, for that the Particulars therein infifted upon,
would appear more fully after anf\ver and proof ; therefore the De-
fendants were ordered to anfwer without prejudice, and were to
be admitted to fuch exceptions to the faid Information and advanta-
ges of the matter of the Plea and Demurrer upon the hearing, as
fhall be material;and accordingly theDefendants did put in their An-
fwers,and fet forth feveral ASs of Parliament,Letters Patents,Char-
ters, Cufl:oms,and Afts of Common-Councel of the City o^ London^
and other matters materially conducing to their Defence ; and, in
conclufion, pleaded not guilty. The faid Sir Robert Berkely then
being one of the Juftices of the Court of Kjngs-Bench^ upon the
^ofAday of March ^ in the eighth year of His Majefties Reign,
upon an Order of reference to him and others, by the faid Court of
Star-Chamber^ to confider of the impertinency of the faid Anfwers,
did certifie the faid Court of Star-Chamber^ That the whole An-
fwers, excepting the four words, and ten lafl lines, fhould be ex-
punged ; leaving thereby no more fubflance of the faid Anfwers,
than the Plea of not guilty. And after, upon a reference to him
and others, by Order of the faid Court, of the impertinency of
the Interrogatories, and Depofitions of WitnelTes taken on the
Defendants part, in the fame Cafe of Sir Robert Berkeley^ upon the
fecond day of May, in the eighth year of His now Majefties Reign ,
certified, That nine and thirty of the faid Interrogatories, and the
Depofitions upon them taken, fhould be fuppreffed with Anfwers,
(except as aforefaid) and Depofitions, although the fame did
contain the faid Defendants moft material defence. Yet were ex-
punged and fuppreffed according to the faid Certificates ; both
which faid Certificates were contrary to Law and Juftice, and con-
trary to his the faid Sir Robert Berkleys own knowledge, and con-
trary to the faid former Order, whereby the advantages were faved
to the Defendants, as aforefaid : And by reafbn thereof the faid
John Overman, and the faid Other fifteen Defendants, were fenten-
ced in the faid Court of Star-Chatnber to be committed Prifbners to
the jF/eef , and difabled from ufing their Trade of Soap-makers ;
and one of them fined in 1500/. two of them in 1000 /. a-piece,
four of them in 1000 Marks a-piece ; which Fines were eftreated
into the Exchequer without any mitigation : And the faid Defen-
dants, according to the faid Sentence, were imprifbned, and de-
prived of their Trade and Livelihood, tending to the utter ruine
of the faid Defendants, and to the overthrow of free Trade, and
contrary to the liberty of the Subject.
I 3 Caroli.
li
11
4. That
(5o8
Hifiorical Colletiiom.
An. 1657.
4. That he the faid Sir Kohert Berkeley, then beiiig one of the Ju-
ftices of the Isjngs-Befichj and having taken an Oath for the due ad-
miniftration of Juftice, according to the Laws and Statutes of this
Reahn, to His Majefties Liege-People, on or about the laft of De-
cefnber fublcribed an opinion in hxc 'verba. I am of opinion, that as
where the benefit doth more particularly redound to the good of the
Ports or Maritime Parts, ( as in Cale of Piracy or Depredations
upon the Seas ) there the charge hath been, and may be lawfully
impofed upon them, according to Prefidents of former times ; {0
where the lafety and good of the Kingdom in general is concerned,
and the whole Kingdom in danger, (of which His Majefty is the
only Judge ) there the charge of the defence ought to be born by
all the Realm in general : This I hold agreeable both to Law and
Realbn.
5. That he the laid Sir Robert Berhky, then being one of the
Juftices of our Court of Kjngs-Bench, and duly fworn as aforefaid;
in 'Beb. 1636. liibfcribed an extra-judicial opinion, in anlwer to Qiie-
ftions in a Letter from His Majefty in hxc -verba.
Charles ^x.
T T 7 Hen the good and fafety of the Kingdom in general is con-
V V cerned , and the whole Kingdom in danger ; whether
may not the King, by Writ under the Great Seal of England, com-
mand all the Sub/efts of this Kingdom at their charge to pro-
vide and furnifh fuch number of Ships, with Men, Viftuais and
Munition ; and for fuch time as he {hall think fit, for the defence
and fafeguard of the Kingdom, from fuch danger and peril?
and by Law compel the doing thereof in cafe of reflifal, or refra-
ftorinefs ? and whether in luch cafe is not the King (ble Judge,
both ot the danger, and when and how the fame is to be prevent-
ed and avoided? C. jR.
' May it pleale your moft excellent Majefty, we have, accor-
ding to your Majefties command, leverally every Man by himfelf,
and all of us together, taken into ferious confideration, the Cafe
and Queftion Signed by your Majefty, and inclofed in your Royal
Letter ; And we are of opinion, that when the good and fafety of
the Kingdom in general is concerned, and the whole Kingdom in
danger, your Majefty may, by Writ under the Great Seal of Eng-
Imd, command all your Subjefts of this your Kingdom, at their
charge to provide and furnifh fuch number of Ships, with Men,
Victuals, and Munition, and for fuch time as your Majefty fhali
think fit for the defence and fafeguard of the Kingdom from fuch
danger and peril ; and that by Law your Majefty may compel the
doing thereof in cafe of refufal, and refraftorinefs : And we are
alfb of opinion, that in fuch cafe your Majefty is the fble Judge,
both of the danger, and when and how the fame is to be prevent-
ed and avoided. "John Brampflon, 'John Finch, Humphrey Daven-
port, JohnDenham, Richard Hut ton, William Jones, George Crooke,
Thomas Trevor, George Vernon, Robert Barkelej, Francis Crawley,
Richard Wejlon.
6. That
titflorical CoHeBwm.
6oq
6. That he the faid Sir Rokrf Berkeley, then being one of the
Juftices of the Court of Kjfigs-Bench^ and duly fworn as afore-
faid, did on the ., . deliver his opinion in the Ea--
cbef.ier-Ch^mher againft ''John Plamp den Elq; in the Cale of Ship-
Money, That he the faid John Hampden , upon the matter and
fubftance of the Cafe, was cliargeable with the Money then in
queftion ; a Copy of which Proceeding and Judgment the
Commons of this prefent Parliament have delivered, to your
Lordfliips. • ' -'"^
7. That he the faid Sir Robert Berhhj, t'fien being one of the
Juitices of the Court of l\Jngs-Bench^ and one of the Juftices
of Affizc for the County of Yorlc, did at the.AfTizes held at lork, in
Lent 1616. deliver his Charge to the Grand Jury, Ihat^ii ivr/4 a
/awful and in f Per able Flower of the Crown for the K^iriT'td com-
mand^ not only the Maritime' Counties^ but alfo.thoft th.tt were In^
land J .to find Ships for the defence 'of the Kjngdom. And then like-
wife falfely and rnalitiovjly affinped., That it was not his fingic
Judgment, but the Judgment of all his Brethren, witnelled by
their Subicriptions. And then alio laid, That there was a ru-
mor, that feme of his Brethren that had fiibfcribed, were of a
contrary Judgment ; but it was a bafe and unworthy thing, for
any to give his' Hand contrary 'to his Heart; and then wiflicd
for his own part, that his Hand might it)t from his Arm, that
was .guilty of any fuch crimfe ; when as'he. knevv' that Mr. Ju-
ftice Htitton, and Mr. Juftice ■'Crooke, who had fabfcribed, were
of a contrary q^inion , and \vas prefent when they were per-
fvvaded to lubfcribe ; and did iiibfcribe for conformity, only be-
caufe the rrvajor number of the Judges had fubfcribed. And he
the laid Sir Robert Berkeley then alio faid. That in fbme Cafes
the Judges were above an Afl: of Parliament ; which faid falfe
malitious words were uttered,' as aforefaid, with intent and pur-
pofe to countenance and maintain the faid unjuft opinions, and
to terrifie His Majefties SubjeiSts that fliould refufe to pay Ship-
Money, or "leek any remedy by Law, againft the laid unjuft and
illegal Taxation. . ;
8. That whereas Richard Chambers Merchant , having com-
menced a Suit for ^Trefpafs, and falfe hnprifbnment, againfl Sir
Edward Bromfeild Knight, for imprifbning him the faid Cham-
bers ^ for refnfiy/g to pay Ship-M'vney , in the time that the faid
Sir Edward Bromfeild was Lord Major of the City of London ;
in which Suit the faid Sir Edward Bromfild did make a fpecial
Juffihcation : The faid Sir Robert Berkeley then being one of the
JulHces of the Court of Kjngs-Bemh., in Trinity Term laft, then
fitting on the Bench in the faid Court, upon debate of the faid
Cafe between the faid Chambers and Sir Edward Bromfeild, faid
openly in the Court, That there was a Rule of Law^ and a Rule of
Government : And that many-things which might not be done by the
Rule of Law , might be done by the Rule of Government .- And
would not f'fe'r the point of Legality of Ship-Money to be ar-
guedhy Chambers his Councel; all which Opinions, Declarations,
I i i i 2 words,
I J Caroli.
•■I
6io
Hifiorical CollSiom,
Jn.\6lf. [Words, and Speeches, contained in the third, fourth, fifth, fixth,
•ieventh, and eighth Articles, are deftruclive to thte fundamen-
tal Laws of this Realm, the Subjefts right of Property, and com-
trary to former resolutions in Parliament, and to the Petition of
Right ; which refolution in Parliament , and Petition of Right,
w^ere well known to him, andrefolved, andenafted, when he was
the Kings Serjeant at Law, and attendant in the Lords Houfc of
Parliament.
9. That the faid Sir Rohent Berkelej, tfien being one of tlie
Judges of the Court of Kjngs-Bemh , and being in CommifTi-
on of the Peace, and duly fworn to execute the Office of a Ju-
ftice of the Peace in the County of Hertford , on or about the
'jth of 'January 1638. at which time this general SefTions of
the Peace for the laid County w'cre there holden : The faid
Sir Robtrt Berkeky , then and there fitting on the Bench, did
rezrile and threaten th Grand 'Jury returned to ferve at the faid
Scflions , for prefenting the removal of the Communion -Table
in All.Saints Church in Hertford aforefaid , out of the place
where it anciently and ufually flood, and fetting it Altar-ways,
againft the Laws of this Realm, , in that Cafe made and pro-
vided, as an Innovation in matters concerning the Churchy the faid
Grand Jury having delivered to them in charge at the faid Sef-
fions , by Mr. Serjeant Jtkins , a Juftice of the Peace for tlie
faid County of Hertford , that by the Oath they had taken,
they were bound to Prefent all Innovations concerning Church
matters. . And he the faid Siv Robert Berkeley compelled the Fort-man
of the Jury to tell him who gave him any fr.ch Information ; and
thereby knowing it to be one Henry Brorrny one of the faid
Grand Jury, he asked the faid Brown, how he durfl meddle
with Church matters, who affirming, that in the faid Charge,
from Mr. Serjeant Atkins, the faid Jury was charged to do, he
the faid Sir Robert Berkeley told the faid Brown, He fhould there-
fore find Sureties for his good behaviour ; and that he the faid
Sir Robert Berkeley would fet a great Fine on Im Head, to make
him an example to others •, and thereupon the faid Brown of-
fered fufficient Bail ; but he the faid Sir Robert Berkeley , be-
ing incenfed againft him , refiifed the faid Bail , and commit-
ted the faid Brown to Prifon , where he lay in Irons till tlie
next morning, and ufed to the faid Brow)^ and the refl of the
Jurors, many other reviling and terrifying Speeches. ; and faid, he
knew no Law for the faid Prefentment ; and told the faid |
Brown , That he had finned in the faid Prefentment : And he
compelled the faid Grand-Jurors to fay , tljey were forry for rvhat
they had done in that Brefentment , and did bid them to tram-
ple the faid Prefentment under their feet ; and caufed Brown
to tear the faid Prefentment in his fight. And he the fa'id Sir Ro-
I bert Berkeley , when as John Hcriland , and R,ilph Remberton,
late Majors of StI Jlbons , came to defire his opinion on fe\-e-
ral IndiSments againil John Brown , Parfbn of ^i. Albons, and
Anthony Smith, Vicar of St. Peters in St. Albons, at the Quar-
ter SelTions held at the faid Town of St. Albons, on the 24?^
I of June 16 JT). for the Removal of the Cof/i^xunion-J ahb out of
tie
Hiflorical Colle&iom,
on
the ufttd place, and not admlniftring the Sacrament according to
Law iitthat cafe provided : He the faid Sir Robert Berkeh-y then
told them that fuch an Indiftmcnt was before him at Hcrtfhrdj
and that he quaflned the fame, and imprifbned tlie Promoters ;
by which threatning and reviling f[)eeches , unjuft Aftions and
Declarations, he fb terrified the Jurors in thofe parts, that they
durft not prefent any Innovations in the Church matters^ to their
great grief and trouble of their conicienccs.
And whereas feveral Indictments were preferred againft Mxt-
the)V Brooi-'y Parfbn of 'Yarmouth , by John Ingram and John C\ir~
ter, for refufing feveral times to adminifter the Sacrametit- of
the Lords Supper to them without any lawful caufe , at the
Aflizes held at Ahnvich'm the year 1635. he the {.]\S]x Robert
Berkley, then being one of the judges of the AiHze, proceeded
then to the Tryal on the faid Inditlments ; vhere the matter
in ifTue being , That the faid Brooks refufcd to adminifl-cr the
laid Sacrameitt , becaufe the faid Ingram and Carter v, ould not
receive Tickets with their Sirnames before their Chrilfian names ;
which was a courfe never ufed amongft them, but by the fiiid
Brook. And the faid Sir Robert Berkley did then much difcou-
rage the faid Ingrams Councel , and over-rule the Caufe for
matter of Law, fb as the Jury never went from the Bar , but
there found for the' faid Brook : And the faid Sir R. Berkley
bound the faid Ingram to the good behaviour for the profecu-
ting the faid Indi£lments, and ordered him to pay cofts to the
faid Brook for wrongfully inditing him. And whereas i;he faid
Carter , not expecting the Tryal at the fame AfTizes he pre-
ferred his Indiftment, was then abfent ; whereupon the faid Sir
Robert Berkeley did caufe to be entred upon the faid Indiftment
a Vacate quia, non [iifficiens in lege , and ordered an Attachment
againft the f^iid Carter, which faid proceedings againft the faid
higratn and Carter, by the faid Sir Robert Berkeley, were contra-
ry to Law and Juftice, and to his own Knowledge.
10. That the faid Sir Prober t Berkeley, being one of the Ju-
ftices of the Court of Kings-Bench , and duly fworn as afore-
faid in Trinity Jznn 1637, deferred to difcharge or bayl Alex-
ander Jennings I^rifbner in the Fleet , brought by Htbeas Corpus
to the Bar of the faid Court ; the return of his Commitment
being, that he was committed by two feveral Warrants from the ,
Lords of the Council, dated the '^\X\ oS. Nov etnber 16^6. The
tirft being onely read in Court expreffing no caufe , the other
for pot paying. MelTengers Fees , aud until he fhould bring a
Certificate that he had paid his AfTefsment for Ship-money in
the County of ?>ncks, but remitted him : And in Michaehk.ts'Xexm.
after, the faid Jennings being brought by another Habeas Corpus
before him as aforefaid, and. the fame returned; yet he the faid
Sir Robert Berkeley refufed to difcharge or bayl him, but remitted
him. And in F.ufler Term, after feveral rules M-cre given for his
Majefties Councel, to fhew caufe. why the fd\d Jennings ihould
not be bayled, a fourth Rule w as made for the fciid Jennings to
let his Ma jellies Attorney General have notice thereof , and no-
tice was given accordingly ; and the icud Jennings by another
Habeas
t 3 Caroli.
012
Hifiorical ColleEiiom.
Ak'. i6^j.
H.tkflj (^orp,{s, brought to tlie Bar in Trinity Term after, and the
fame return with this addition, of a new Commitment of the
4th of M.ty , fuggefting the faid 'Jenni?:gs had ufed divers fcan-
dalous words in derogation and difparagement of his Majefties
Government : He the faid ^^jatnings after feveral Rules in the
end of the faid Trinity Term, was again remitted to Prifbn. And
he the faid "iin Robert Berkley did on the fifth of Jime Jaff:, defer to
grant His Majeflies Writs of H.iheas Corpus, for Wiili.wi Par^iter
and S,imiel D^^^-frj- Efquires, Priibners inthe Gatehoule, and In
the Fleet ; and after\\'ards having granted the faid Writ of Ha-
beas Corpus, the faid Far git er and Danvtrs were on the \%th of
'^nnt lafl brought to the Ear of the faid Court, where the returns
of their Commitments were feveral VV arrants from the Lords of
die Council notexprefTmg any Caufe ;*yet he the faid Sir Robert'
Berkley i then fitting in the faiid Court , deferred to bail the faid
P arbiter ind D.tf^versj and tlie l£rhot Ju//e laft, m.ide a Rule for
a f7eiv Return to be recet-oed , which- were returned the 2 5r/^ of
fune
lafl, in bxc verba.
'Whereas His-Majefty finding that His Subje£ls of Scotland
* have in RebelUous and Hoftile manner affembled therafelves to-
* gether, and intend not only to fliake off tlieir obedience unto
* His Majefty, but alio as enemies to invade and infeft this His
' Kingdom of England, to the danger of His Royal Perfbn, <kc.
For prevention whereof His Majefty liath by the advice of His
Council-board,- given fpecial commandment to all the faid Lord
Lieutenants of the Counties of this Realm, appointed for their
Randczvous in their feveral and refpedive Counties, there to be
conduced and drawn together into a Body for this Service. And
whereas His Majefty according to the Laws and Statutes of this
Realm and the conffant cuifom of His Predeceflors Ivings and
Queens of this Realm, hath Power for the defence of this King-
dom, and refilling the force of the Enemies thereof, to grant
forth CommifTions under His Great Seal to fuch fit perfons as he
fliall make choice of, to array and arm the Subjefts of this King-
dom, and to compel thofe wlio are of able Bodys and able Eflates,
to arm themfelves ; and fuch as ihould not be of able bodies, but
of ability in Eftate, to alTefs them according to their Eftates to
contribute towards the Charge of arraying others, being able of
body, and not able in Eftate to arm themfelves ; and fiich Perfons
as fhould be contrariant to Commit to Prifbn, there to remain un-
till the Iving fliould take further order thereiri.
And whereas theEarlof Ejcefer, by vertue of His Majeflies Com-
miffion to himdirefted, for the arraying and arming of a certain
number of Perfons in the County of Northampton ^ hath afTefl:
VVilham Pargiter, being a man unfit of body for that Service, but
being of Eftate and Ability to contribute amongft others, to pay
the fum of five fliillings towards the arraying and arming of others
of able bodies , and wanting ability to array and arm them-
felves.
And
Hijioricai CoUeBions,
6i
3
-^— : T I
And whereas we have received Information from the faid Earl,
that the faid William Faroircr hath not only in a wilful difobedi-
ent manner re fiifed to pay the laid money afTelTed upon, him to-
wards lb important a fervice, to the difturbance and hindrance of
the neceffary defence of this Kingdom ; but alfo by his ill exam-
ple hath, mifled many others; and, as we have juft caufe to be-
lieve hath praftized to feduce others from that ready obedience
which they owe, and would otherv\'i(e have yeilded to His Maie-
fties juft Command , for the publick defence of his Perlbn and
Kingdom, which we purpofe with all convenient fpeed to enquire
further of and examine.
Thefe are therefore to Will and Require you, to take mto your
cuftody the perfons of the faid William P argiter znd Samuel Dan-
I'ers, and them lafely to keep Prifbners till further order from this
Board, or until by due courfe of Law they fhall be delivered; yet
he the laid Sir Robert Berkky being defired to bail the faid Pargiter
and Danvtrs, remitted them, where they remained Prifbners till
the ninth of Novembtr lafl, or thereabouts ; although the faid
"^enningSy Pargiter and Danvers, on all and every the faid returns
were clearly bailable by Law ; and the Councel of the faid Jen-
nings^ Pargiter and Danvers offered in Court very fijfRcient bail.
And he the laid Sir Robert Berkley, being one of the Juflices of the
Court of Kings Bench, denied to grant His Majefties Writs o^ Habe-
as Corf u-s to very many others His Majeflies Subjects, and when he
had granted the faid Writs of Habeas Corpus to very many others
His Majefties Subjefts, and on the return no caufe appeared, or
fiich only as was clearly bailed by Law ; yet he remanded them,
where they remained Prifbners very long : which faid deferring
to grant the faid Writs of Habeas Corpus, and refufals and delaies
to difcharge Prifbners, or to fuffer them to be bailed, contained in
this Article are deftrudive to the fundamental Laws of this Realm,
and contrary to former Refblutions in Parliament, and to the Pe-
tition of Right, which faid refblutions and Petitions of Right were
well known to him the faid Sir Robert Berkley, and were refblved
on and enafted when he was the Kings Sergeant at Law, and At-
tendant in the Lords Houfe of Parliament.
1 1 . That whereas there was a Caufe depending in the Court-
Chriftian at Norwich, between Samuel Booty Clerk, and
Collard for two fliillings in the pound, for Tithes for Rents and
Houfes in A-orwich, and the faid Collardmov&<i by His Councel in
tlie Court of Kings Bench for a Prohibition to fl:ay proceedings in
the Court-Chriftian at Normch, and delivered into the faid Court
of Kings Bench his Suggeftions, that the faid Caufe in the faid
Court-Chriftian was only for Tithes for Rents of Houfes in Nor-
wich^ which was determinable by the Common-Law only ; yet
he the faid Sir Robert Berkley, being one of the Juftices of the laid
Court of Kings Bench, and fitting in the faid Court, deferred to
grant a Prohibition to the faid Court-Chriftian in the faid caufe,
although the Councel did move in the faid Court many leveral
times, and feveral Terms for a Prohibition. And he the faid
Sir Robert Berkley deferred to grant His Majefties Writ of Prohi-
bition to feveral other Courts, on the motions of divers othcrS
..._.,. . . of
I J Ctiroli'
6i^
Hiftorical Colle&iom,
The Kings
pleafure de-
clared con-
cerning the
Surveying and
Marking of
Iron, and
Surveying
Woods in the
making tliere-
of.
of His Majefties Subjefts, where the fame by the Laws of this
Realm ought to have been granted, contrary to the Laws of this.
Realm and his own knowledge.
Ail which Words, Opinions, and Actions were lb fpoken and
done by him the laid Sir Robert Berkley traiteroufly and wickedly
to alienate the hearts of His Majefties liege people from His Ma-
jellie , and to fet a divifion betwixt them, and to fubvert the Fun-
damental Laws and Eftablilhed- Government of His Majefties
Realm of England; for which they do impeach him the laid'
Sir Robert Berkley one of the Juftices of the Court of Kings Bencb
of High-trea&n againftour Sovereign Lord the King HisCrown>
and Dignity, and of the mifdemeanors above mentioned.
And the faid Commons by proteftation, laving to themfelves
only the liberty of exhibiting at any time hereafter any other ac-
euiation or impeachment againft the l&id Sir Robert Berkley^ and
alio of replying to the Anfwer, that he the laid Sir Robert Berkley
fhall make to the laid Articles , or any of them, or of offering,
proof of the premifes, or any other impeachments or acculations
that fhall be exhibited by them, as thecalelhall according to the
*courle of Parliaments require, do pray that the laid Sir Robert Berk-
lev, one of the Juftices of the Court of Kings Bench, may be put
to anfwer to all and every the premifes ; and that fuch Proceed-
ings, Examinations, Trials, Judgements and Executions may be
upon every of them had and uled as is agreeable to Law and
Juftice.
WHereas the Kings moft Noble Progenitors and PredeceP
Ibrs, Kings and Queens of this Realm, duly confidering
' the neceffary and important ule of the Woods and Timber of this
' Kingdom have taken into their conftant care to prelerve the
' feme from wafte and deftruftion ; and to that end divers good
' and wholefom Laws and Statutes have been made, neverthelels
* by a common negled of the laid Laws, and by an unlawful liber-
* ty, which many of the Kings Subjects have taken, there hath
' been a Ipoil of Timber and Woods in the Kingdom, by convert-
* ing the fame into Coals for the making of Iron ; lo that it may
* be feared, that within few years, unlels a Ipeedy courle be ta-
' ken to prevent it, there will follow fiichawant of Wood and
* Timber, as cannot be lupphed by any future providence ; and
* which together with the frequent tranlportation of Iron and
* Iron-metal unlawfully, without Licenle, hath already produced a
' great Icarcity of Timber, Wood and Iron : for a remedy where-
* of, and for reftraint ol Tranfportation of Iron, and for Reforma-
* tion of fundry fecret Deceits and Abules now ufed and praOriled
* in the making of Iron, and in the vent and fale thereof in Bars
* by intermingling the worfer Ibrt with the better ; His Majefty
' by His Letters Patents under the Great Seal, dated the i ^tft of
' OBober laft, did ereft an Office to be for ever continued, and
* did thereby appoint 'John Cupper and Grimhald Paimcefoot Sur-
* veyor or Surveyors of all Iron-works, Furnaces and Forges with-
* in Englmd. and Wales, and of all Woods to be uled or employed
* thereat ; and for the Surveying and Marking of Iron with divers
* Stamps and Marks \ for the doing whereof they are allowed by
'the
Hiflorical CoUeBiom.
6.5
the faid Letters Patents, to have a moderate fee at the time of
their Surveying and Marking. And notwithftanding ibme com-
plaint hath been made of this matter before the King and Coun-
cil, yet it is thought fit and neceffary, that the faid Patent be put
in execution ; and therefore the King doth Command,that no Per-
fbn whatibever fhall employ any Woods to be converted into Coals
for the making of Iron,or fliall tranlport any Iron or Iron Metal.And
that no Iron-Malter , Owner or Farmer of Iron- works fhall put to
fale any fort of Iron, nor fhall any Merchant, Trader or Dealer in
Iron remove the lame from the Iron-Works, Furnaces, or Forges
before the laid Iron fliall be firit Surveyed and Marked by the Kings
Officers, or their Deputies. And all Perfbns are required to per-
mit the (aid Officers, or their Deputies to enter into the Iron-
Works, Warehoules,&c. to Survey and Mark the faid Iron. The
King doth further declare, that \ik faid Officers, or their Depu-
ties may enter into any Woods, or Wood-grounds, wherein any
Woods are, or fhall be felled, to be converted into Coals, for
the Making of Iron, or Iion-Metal, and there to Survey the
fame.
1 5 Carolt.
Kkkk
Titl
cs
6i6
Hifiorical Collections-.
An.\6ll.
Weflminfter
the 25 day oj
March.
Whittliallt/if'
hlldayofA-
pril.
Whitehall the/
jj^th dayof
May.
Whitehall t(i«
i^thdayof
May. "
Greenwich
the gth day oj
July.
Oatlands the
1 6 th day if
July-
Oatlands the
2'^d daynj
July.
Oatlands the
29th day oj
July.
Lindhurft the
iBth day oj
Auguft.
Lindhurft the
2 1 II day oj
Auguft.
Oatlands the
^d day oj Sep-
tember.
Whitehall tk
I gth day oj
November.
Weftminflcr
(/,){ 22d day oj
November.
Whitehall the
2otb day of
December.
A
rant.
Titles of Proclamations for the Year 16^7,
By the King,
Proclamation to refiraln the making or having Keys for His
Majcfties Houfes , hardens , or Parks, without efptcid War-
A Proclamation again ft the diforderly Tran {porting /f/V Majefiie.
Siibjt&s to /Ae Plantations within the Parts of America.
A Proclamation for calling inm Book Intituled an IntroduQ:ion to a
"Devout Life, and that the fame be publickly burnt.
A Proclamation touching the ManufaBures of Playing-Cards, and
Dice. .
A Proclamation touching Common Maulters and Brewers.
A Proclamation againfl falfe packing of Butter, and other deceits
and mifdemeanours concerning Butter-Caske, difcovered fince the fjub-
lijhing of a former Proclamation.
A Proclamation- for putting off this next Bartholomew-Fair in
Smithfeild, and our Lady-Fair in Southwark.
A Proclamation for the Surveyings and making of Iron, and Survey
of Woods to be ufed in the making thereof.
A Proclamation declaring, that the Proceedings of His Maje flies Ec-
clefiaftical Courts and Minifters , are according to the Caws of the
Realm.
A Proclamation for Putting off this next Sturbridge-Fair.
yi Proclamation for putting off the Healing of the Difeafe called the
Kings-Evil at Michaelmas Itrme.
A Proclxmation for Re (training the nfe of Wine-Casks, hy Brewers,
and Stlkrs of Beer and Ale. I
A Proclamation concerning the Tradefmen and Artificers within S
three Miles of the City of London, not yet admitted in the New- i
Corporation.
A Proclamation re [training the withdrawing His Majeffies Subjecfs.
from the Church of England , and giving Jcandal in relbrting to
MafTes.
A
Hijiorical ColleUiom.
617 \
A FrocUmatiofi touching the Corporation of Soap-makers of Lon-
don.
A Proclamation declaring the feafonabk Times ivhfn Warrants
for Venifbn in the KJngs Forefis ^ Chaces y or Parks, arc to be
ferved.
A Proclamation concerning certain kinds for the fveet and fpeedy
drying of Malt and Hops^ at a fmall Charge.
A Proclamation concerning the carrying , rfW re-carrying of Letters,
as well within His Majefiies Reahm and Dominions, as into, and from
Forreign Parts.
A Proclamation for the Prizing of Wines.
A Proclamation concerning our Iron-Oar, Iron-Mines, and Cinders
within Our Fore/l of Dean.
A Proclamation concerning Tdbacco.
I ^ Carol! .
Whiteliall the
Deceitibcr.
Whitehall tlit
17 th diyoj
January.
Whitehall tU
ith djy nj
February.
Whitehall the
1 1 tb dny of
February.
Whitehall the
I uh djy of
February.
Newmarket
the J^th day of
March.
Whitehall the
1 4f /; day oj
March.
Hiftorical
1^1
Hiftorical Collcdions
For the Year 1^38.
The Arch-TBijhop 0/ Canterbury 'j T>iaYy.
^pril 29.
He Tumults in Scotland about the Service IBook offered
to be brought in, began JhIji 23. 1637. and continued
increafing by fits, and hath now brought that King-
dom in danger. No queftion but there is a great con-
currence between them and the Puritan Party here in
England •■) there was great aim there todeflroy me in
the King's Opinion, &c.
May ■26. Saturday, Janfcs Lord Marquefs Hamilton fet forth, as
the Ring's Commiifioner, to appeafe the Tumults in Scotland. God
profper him for God and the King.
Jnne^ My Vifitation then began oft^erton College in Oxford, by
my Vifitors, was adjourned to ray own hearing, again upon O&o-
ber 2.
O&ober 2, 5, 4. I fat upon this Bufinefs thefe three days, and ad-
journed it till July I. Inter horas frimatn df'tertiam, Lambetk The
Warden appeared very foul.
O&ober 19. News was brought to us, as we (at m the Star-Chamber,
that the Queen-Mother of France was landed at Harvpich ; many and
great apprehenfions upon this Bufinefs.
O&ober 3 1. The Queen came into London^ and fb to St. James's,
November 13. The Agreement between me and A. S. c^c.
November 11. Wednefaay, The General AfTembly in Scotland began
to fit.
November 7<). Thnrfday 5 The Proclamation iffued out for difTolving
of the Great AfTembly in Scotland, under pain of Treajbn.
December 20- They fat notwithftanding, and made many flrange
Ads till December 20, which was Thurfday, and then they rofe; but
have indided another AfTembly againft July next.
February 10. My Book againfi Fifier the Jefuit was Printed, and
this day, being Sunday, I delivered a Copy to his Majefly.
Tuefday, Feb. 2 1. That Night I dreamed that K. C. was to be mar-
ried to a Minifler's Widow, and that I was called upon to do it ; No
Service "^ook^ could be found 5 and in my own Book, which I had, I
could not find the Order for Marriage.
Aa aaa
At
l^Caroli.
7i8 I
Hiflorical Collections,
Set9-E>!gldnd.
At Wtitdall, April 6,
Pfefcnt,
The i^ng's moft EsCceQem Majefly.
Lord Arch-Bp. oiCanterl/Mry,
Lord Keeper,
Lord Treafitrer^
Lord PrwySedl,
Lord Duke of Lenox,
Earl ,3iarpjl.
Earl of Northumhrland^
Earl of Salisbury,
Lord Cottington,
Lord Nenburgh,
Mt. Tteafurer,
Mr. Vice-Chamberliiti,
Mr. Secretary Cw4»
Mr. Secretary Wwdebank.
' T-T^^s Majefty and the Board taking into confideration the frequent
' XTX fefort to New-B>igldHd, of divers Perfbns ill-affefted to the
* Religion eftablifhed in the Church of Englofid^ and to the good and
' peaceable Governftlent of this State. However, upon the humble
' Petition of the Merchants, Paflengers, and Owners of Ships now
' bound for NewEmiand, and upon the Reafons by them reprefentcd
* to the Board', His Majefty was gracioufly pleafed at diis time to free
' them from a late Reftraint, and to let them at liberty to proceed on
' in their intended Voyage. Nevertheleft His Majefty well knowing
' the fa£tious difpcfition of the People (for a great part of them) in
' that Plantation,and how unfit and unworthy they are of any Support
'or Countenance from hence, in re(ped of the great Dilbrdcrs and
' want of Covetftflient amongft them j whereof fundry and great
* Complaints have bin prelented to the Board, and made appear to be
' true, by thofe that being well-affeded, both for Religion and Go-
* Vemaient, have differed much 1<^ in tlicir Eftates by the unruly Fa-
' SioUs Party, did think fit and Order, That Mr. Attorney General
' fhall forthwith draw up a Proclamation, expreffiiig his Majefty s
' Royal Pie^ture to prohibit all Merchants, Mailers, and Owners of
'Ships fn&m heiicdforth to let forth any Ship, or Ship, with Pallcn-
* gtf s for New-Etf^afid, till they firft obtained fpecial Licence on that
'behalf^ from fuch of the Lords of His Majefty's flioft Honourdble
* Privy-Council, as are appointed for the &innefe of Foreigu Plaixa- ;
' tiofls by ipgciai Commimon.
Minillers
! Tiihcs ill
):Ker.t Paii
to Londtn,
and
llies
' "t T ■fHerCtfs an hufcbk P€Cilioa was itiis «3ay reaii at die Board us-
: ' V V to xXve Kil^'stWG^t Excdknt Maiefty, anthe Names of the Par-
* lbn«, Vifeivrs, aft^ Cul^« <d^tl»e «di*G^nt Places co the Qty of l~cm-
' iW) ilMlitiy, df St» -Attt^oM^ ifcjhuixjkr^ St. IkmiKtr Dufirt^
' St. Giles in the Fields, St. James Cim^^nmd^ St. Lootund Shm-cdiuh^ \
' St. Martins in the Fields,St. Mafy Miljitechappel, Suvny Parifli, ^^.Ccorgc, \
' St. Thomas, and St. Mary Newington. In Sottthwark , St. <3Ugdul£K
^Berwondfey, St. Satiours SmthvMrk, St. Katharine Tuxvcr, Lafnl>ctb,\
' and St. 0/j7,ej in Sonthwarh^--^ Shewing unto His Ma jelly the great |
' increafe of New-Buildings of late Years, ereded in the Petitioners;
'leveral
Hijlorical Collections.
719
feveral Parifhes ; and that the number of People is now fo much
augmented, that the faid Livings are for the prefent incompetent,
and in no proportion meet for the di(charge of Co great Cures, fome
of the Petitioners receiving no Tithe at all, the reft far ftiort of that
which of right ought to be paid unto them j that great numbers of
Parilhioncrs in the aforefiid Parifhes, now living in Houfes, lately
built upon that Ground which heretofore hath paid Tithes and other
Rights (to the faid (everal Churches) pay now to the Petitioners,
either nothing, or but 2 d. at Eafier, and 3 d. at the moft, befides
the Obventions of fmall value 5 and therefore humbly befought his
Majefty, amidft His Gracious Thoughts towards the Clergy of Lon-
don^ to take the Cafe of the Parilhioners into His Princely Care, and
to take Come courfe for the better maintenance of the Petitioners,
and for the eftablilhing of their Right. And whereas by former
Order hath the (aid Parfons, Vicars, and Curats,and alfo the Church-
Wardens, and divers of the principal Parilhioncrs of the (aid Parifhes
appeared this day before His Majefty and their Lordftiips, in whofe
hearing and presence, the (aid Petition being again read, they the
(aid Clergy, and Church- Wardens, and Parilliioners, were demand-
ed by His Majel"ky whether they were ready and willing to fubmit to
His Majefty 's Pleafure and Determination in the things which were
moved and delired in the (aid Petition ; whereunto the (aid Clergy
readily aflfented, but the aforefaid Church-Wardens and Parilhioncrs
alleadged themlelves to be no way authorized thereunto. It was
thereupon by His Maje(ty ordered. That the faid Clergy fliould
forthwith prepare their Submiflions relpedively. And that the
Church- Wardens and Veftry-Men of the afore(aid (everal Parifhes,
(hould with like diligence and expedition aflemble their Parifhioners^
and communicating the Petition of the (aid Clergy unto them, with-
all acquaint them with His Majefty 's Plea(ure touching their Submif^
(ion 5 and they the Parifhioners by Writing,(igned with their hands,
fully to authorize their (everal Veftry-Men, or Church- Wardens, to
return unto His Majefty their An(wer therein. And that both the
(aid Clergy, as al(b the Veftry-Men, or Church- Wardens of each
Parifh Co authorized, fail not to give their attendance, with their
faid Submiflions and Authorizations, upon Sunday the 6th of May
next. Whereof all Prrties are required hereby to take notice, and
to govern themfelves accordingly.
SMay the A^th,
THis day upon conlideration, as well of the Petition of the Pa-
rifhioners of St. Gregories, as of certain Articles propounded
by the Parifhioners of St. Gregorys aforelaid, to the Parifhioners of
Chrifls-Church, and of others propounded by the Pariftiioners of
Chrjfl-Church to thofe of St. Gregory %^concexn\ng the accommodating
the Pariihioners of St. Gregory's in the Weft end of thriJl-Church^
for the exercifing of Divine Service there. It was by the fioard
ordered,
' That the Parifhioners of St. Gregorys (hall place no Pews mChrilf-
Chnrch^ but fuch as fhall be moveable, to the end that Burials may
not be hindered, when thofe of Chri^-Clmrch have occafion to bury
there.
Aaaaa 2 'That
r 4 Caroli.
Another Order
of the Lords of
the Council
concerning
St. Gregorys
Church.
•20
Hijlorical CoUectiom,
M. 1638.
' Tliat for the faid Parifliioners of St. Gregory's coming in and going,
they fhall make ufe of the Weft Doors only.
' That they (hall depart and leave the laid Weft end of the Church
• at the Feaft of St. John Baptifiy which ftiall be in the Year of Our
' Lord God 1641.
' That thofe of St. Gregorys (hall leave the Church as they found it,
' and as well repaired in all relpefts, ordinary ufe and wearing ex-
' cepted.
' That thofe of St. Gregorys (hall have liberty to bury ten of their
' Parilhioners every Year (if there be occafion) within the Weft end
' of Chriji-Church^ for that they have no other place where to bury
' the?. Dead.
' That the Parifhioncrs of Chrift-Chnrch and Sx. Gregorys, (hall from
' time to tune fubmit themlclves to the Arbitrement and Commands of
' the Lord Biftiop of London and his SucceflTors for the compofing of
' all Differences which (hall arife between the (aid Parifhioners.
' And laftly , Their Lordfhips do hereby order and require. That
' the Church- Wardens, Common-Council-Men, and Sidemen, as well
' of the Parifh of St. Gregory's^ as of that of ChriU-Church (hall fub-
' fcribe to the performance of all the aforefaid Articles; and that fuch
' their Subfcription, together with this their Lordfliips Order, (hall
' oblige refpeftively both the one and the other fide to the due per-
* formance of the fame, and every part thereof And upon this
'Subfcription, which is forthwith required, thofe of Chnii-Church
' (hall prefently deliver the Keys of that part of the Church to thofe
^ of St. Gregory's. Hereof as well the Parilhioners of ChriSi-Chttrch^
' as thofe of St. Gregory's^ are to take notice, and conform themfclves
' accordingly.
AttheCouttatjr/?ifeW/, May 6.
Prefent,
The iQn£t rmji Excellent Maje/ly.
A further Or-
der concerning
T ithes as tothe
Out-Pariflics.
L
Lord Arch-Bp. of Canterbury^
Lord Keeper,
Lord Treajiirer,
Lord Privy-Seal,
Lord Duke of Lenox,
Lord Marquefi Hamilton,
Earl Marfl)al,
Lord Great Chamberlain,
Lord Chamberlain,
Earl of Dorfet,
Earl of Holland,
Earl of Danby,
Earl of Morton,
Earl of Roxburgh,
Lord Cottington,
Mr. Treajurer,
Mr. Comptroler,
Mr. Vice-Chamberlain,
Mr. Secretary Cook^,
Mr. Secretary Ifindebankt
' 'npHis day Information was given to His Majefty and the Board,
' A That where His Majefty's Order of the of Ap-il laft, touch-
' ing the Submiffion of fixteen of the Out-Parifhes in the Suburbs of
'■London, and the Liberties of fF^«»/»/?er, unto His Majefty and the
' Board, concerning the Increafe of Mdntenance to their Minijiers, in
' fuch manner as other Parifhes within the City of London had done,
was
Hiftorkal Collections,
721
was publiftied within the Parifh Church of St. Grles in the Fiddi^
upon Afimfwn day laft palt 5 That one George Winder, qualifying
himfclf a Meflenger Extraordinary of His Majcfty's C"Ad«f/»<?r, did, in
the midft of a great Aflembly of the Parifhioners, who then feemcd
inclinable to return unto HisMajefty a modcft and rcfpeftive Anfwer
to His Pleafure fignified unto them, did in a moft uncivil and in(b-
lent manner, afront Mr. Dr. Hejwood^ one of His Majefty's Chaplains
in Ordinary, Parfon of the faid Parilh, and Lawrence Whitaker Elq^
one of His Majefty's Juftices of the Peace, an Inhabitant in the faid
Pari(h, when they delivered the Points of the faid Order to the
Allcmbly, and perfwaded them to fubmillion therein required,
whereby, and by his peremptory carriage, and affirming of untruths,
the Votes of the faid Parilhioners were diverted from giving fuch
latisfidion to His Majefty's Propofitions as were expefted. It was
therefore ordered by His Majefty and the Board, That the Lord
Chamberlain of His Majefty's Houftiold, ftiould be prayed and requi-
red to call the faid George Winder before him, and examine him
touching the faid Offence 5 and if he found it to be as was informed,
that he (hould then take (uch order for his Puniftiment, either by
taking from him the countenance of his pretended Service, or other-
wife, as his Lordftiip ftuU find his Offence to defcrvc.
^MgtiSi 19.
T T T THereas it is obferved, That fuch Minifters who are uncon-
\ V formable to the Difcipline and Ceremomesof the Church
here, have and do frequently tranfport themfelves to the Summer-
IJlands^ and other His Majefty's Plantations abroad, where they
take liberty to nourifh and preferve their Factious and Schifmatical
Humours, to the feducing and abule of His Majefty's Subjefts, and
the hindrance of that good Conformity & Unity in the Church, which
His Majefly is careful and defirous to eftablifh throughout His Domi-
nions. We are therefore in His Majefty's Name, and by His exprefs
Command, hereby to pray and require your * Lordfhip to take a
prefent and ftrift Order, That no Clergy-Men be from hence-forth
fuffered to go over into the Summer -IJlands^ but fuch only as fhall
have approbation in that behalf^ from Our very good Lords, the
Lord Arch-Bi(hop of Canterbury his Grace, and the Lord Bifhop of
London. And that for all fuch of them as are already gone thither,
without fuch Approbation, that you caufe them forthwith to be re-
manded back hither. And fo expefting a good account hereof from
your Lordfhip, we bid you very heartily farewel.
InflruHlons for Captain WilKam Legg, concerning the Ordnance,
Jrms, and TroVifions fent to Kingfton upon Hull.
' "V^ Ou are, with the AlTifhnce and Atteftation of the Mayor of
' JL the faid Town for the time being, to take a particular view and
' tale of the refpeftive Provifions that fhall be there landed, and which
' are committed, by the Office of the Ordnance, to John Spencer^ one
•■ of His Majefty's Gunners, and the feveral Mafters of the Ships where-
' in they were fent, comparing the Indentures with the Charge of
*■ the
l/^Caroli.
tlnconforma-
ble Miniflcrs.
» The Lord
Admiral.
Arms and
Ammunition
at Huli:
'22
HiHorical Collections.
the Indentures, and accordingly give a Difchargeto (uch as tranfpor-
ted them, and not otherwife.
' You are alfo, with the like Afliftance and Atteftation, to take a
particular view and tale of the refpeftive Provifions, being 800
Mufquets compleat, and 2000 Pikes, and all other Provifions which
are to be brought out of the Low Countries by Sir ^acob Afiley ; and
you are to indent, as well for what you receive Horn th& Love-Coun-
tries, as for what you receive out of the Ships from the Torver^ and
to fend your Indenture for all the laid Provifions into the Office of
the Ordnance.
'■ You (hall take care that all the faid Provifions be lodged in a con-
venient and fafe Store-houfe, and in fuch order and decency, that
the (ame may not only be freed from all danger and detriment, but
be ready upon all occafions 5 to which purpofe you are to keep par-
ticular Memorials, or Lifts, of the Place and Order wherein each
nature of the Provifions committed to the charge is placed.
' You,with the afliftance of the Mayor,are to fell Powder,Match,and
Mulquet-ftiot only, (and no other Provifions in your Charge at Hull)
to fuch Perfons of the (aid Towns or Counties thereabouts, as ftiall
bring Certificate from one or more of the Deputy -Lieutenants of the
faid Counties, or of the Mayor, and two other Magiftrates of any
Corporation refpcftively. That the faid Buyers are fit and rel^^onfi-
ble Perfons to be furniftied with fuch Munitions.
' You are to keep a particular account of the Sale of all, or any the
faid Provifions, exprefling therein to whom, at what time, and at
what rates the fame are fold ^ and the Accompt to be returned to the
Office of the Ordnance, and the hands of your felf and the Mayor
of the (aid place, at which time the (aid Certificates of the Deputy-
Lieutenants, and the Magiftrates, is likewife to be delivered into the
Office, and an acknowledgment under the hands of the Party or
Parties that (hall buy any of the faid Provifions, what he hath
received, and what he hath paid.
' When any confiderable proportion of Powder, Match, or M\x€-
quet-lhot (hall be fold, you are to give fuch timely notice to the
Mafter of the Ordnance, that fupply accordingly may be returned
unto you.
' The Monies proceeding from fuch Sales, is to be from time to
time delivered to fuch Perfons as the Lord Treafurer (hall appoint to
receive the (ame from you.
' As for the ilTuing or difpofing of any other part of the (aid Pro-
vifions committed to your truft, befides Powder, Match, and Mu(^
quet-(hot, you are to receive further Orders aiKl Inftruftions, either
from his Majefty, the Lords of the Council, or Mafter of the Ord-
nance.
' You having received your Munition from hence, and thofe Arms
from Eclland, and dilpofed of them in fuch fafety as aforefiid, ftiall
repair to Nervca^le with the Engineer ; and if Sir Jacob Afilcy (hall
not be come to H»//, you (hall notwithftanding go to NevpcasHe^ and
difpatch there according to your ftirther Inftruftions concerning
that Town, leaving Mr. Leonard Pin/^ey, the Bearer hereof, to at-
tend Sir Jacob Afile/s arrivial, and to receive the Arms by him
brought thither, and to di(po(c of them as you ftiall direft before
you go.
' During
Hiftorica! Collections,
1 7^3
' Durint; which time of your abfcnce at Nemaffle, yori ftiall <^e-
'pute i'uQh as vou fliall think fit ^ who with the attelbtion of the
'Mayor, according to the former Iijftruftions, (hall iUue «nd make
'faleof fuch Powder, Match, aiid Mu(quet'(hot as is ordered and
' warranted as aforeCiid until your return.
' You arc iiktwifc to take kaowledg. That upon fignifieation of
« your Lt;tter, his Majefty is pleafcd, for the better eticouragement of
' the Inhabitants, to fortify the Town, to lend them fix Dc-mi-Cuh e-
' rings of Iron, v/ith their Field-Carriages, mounted upon unHiyd-
' Wheels, with Ladles and Sponges belonging to them ^ they iiident-
'ingfor tlic lame with the Malkr and Office of the Ordnance, ac-
* cording to course.
' You are further to certify the Mafter of the Ordnance, w!i3t
' ftores of Ordnance and other Munition have bin formerly in charge
' at jF/*//.
' And laftly^ In regard that neither the Provifions that ftiajl come
' from the Ttireer to HeJi, nor thofe out ot the Low-Co4inirJcs^ can be
' (lowed without Mony, Men, and Labour, you are to advife with
' the Mayor toucJiiag die Hire uliially given to Labourers there ; and
' thofe you imploy, to give them Wages accordingly j and the fame
*courle youiliall rake at NewtaUle. Andtoenable you thereunto, you
' {hall receive ^co /. by John Spevcer 5 wliereof you are to render an
•■ Accompt of your leveral DiCburieiiients, fubfcribed by the (cveral
' Perfons wiiooi you Mopjoy, adseOjed by the refpeftive Mayors of Huit
"■ And 'J\em-aUk. As alio out of the Cud Monies, to pay to Thomas
' He<ith iuch N'ionies xs lie (ball ncceilarily di(burfc for his Majefty's
<• Service in ftowing -or jfllaijig of the Munition or Arms upon Certi-
' ficate tliereof^ fubfcribud by the Magifttaces of the Town,
1 4 Caroli.
Tie Prices of P^mier^ Mittch^ md Arms to ie fiU^
VIZ.
T^miader —
JieUsfov
gL
^'^HJt^tfet-jboi
Toiig PtJ^s
'ii^^nets-
— 1% d, the pound,
10 /. the C. Weight,
18 s, 6 d. die Piece.
— 3 s. the peece.
— ' — •3i:od. the peece.
■ j8 j. the C, weiglit.
' ' 5 J-- -a zjf. tiie peece
r^ . J u J ■ '(.2 2 /.the peece.
t-jorgct ■snd tieaa-pjece • '^ *
Swords -. — ■ — ~— 7 /, 6 d. the peece.
Girdles and Hangers 3 s. the peece.
Scpieml£n..:^0.
W'Hcreas has Mnjdfty iiatjhttvn gracioufly plea'fed of his f.rinccl\'
Care and iF^JOJ'idence for iIk prefervMron of the publick
Peace and Safctty xrf" his'Paoplc, and tfor the betttM- ftrengthenina; of
the ''J^rthcrn Parts'iyf this his Mn^efty^s kingdom, -^3 {end to the
Towns -of Kmgiimi xxfiovi Hiail imxk'^J^(&wcMk^ Arms, Powder, "Shot.
Match, aSulkjt, aaid other Mumtt'um 5 to the end t^at Iuch of his
'MaJLfty'sSvibje&s<af thisiKfittgdom as are defirous to fumirh theni-
/{cl'ves with lach RroviifionstffflritJheiriowm proper ufe, tjffbr the •i/le
'of
L«it(!rsio»Iit
L. Licu«.Mnius 1
7^4
Hifiofical Collections.
^7/. 1638.
The Qii. Mo-
ther ot fr.i»re
comes to £»^-
Ltnd.
' of Towns or Places in this Kingdom, may for their Mony be there-
' with fupplied. Whereof We have thought good hereby to give
' your Lordftiip notice, That your Lordfhip let that County, and the
■• Corporations in the fame,know his Majefty's Care of their Good, and
' that you may make further ufe of it for the advancement of his Ma-
' jcfty's Service as there (hall be occafion. And fo vvjp bid, &c.
V^mes of the Lord Lieutenants.
Counties. Ld Lieutenants. 1 Counties. Ld Lieutenants.
5\(ott7tTi!hafn? -™^ Q,
j^, ^ > Earl o^^rvcajtk.
Tork^ ■ • Lord K Wentworth.
Lancajier — Earl of Derhj/.
Chejier > Lord Strange.
Stafford ' Earl of E£ex.
Northtimber- f Earl of Arundel and
land Surrey.
E.oi^ Northumberland
Cumberland <!Earl o^ Cunibcrlavd.
Earl of Suffolk,
Wefimorland Lord Ma/iraiers.
I Lord Clifford.
Durefm — — Biftlop of Durefm.
A Hearing ap-
pointed ot ni-
vers Bufinefies
betwixt theLd
Deputy and
Council of
IrtUrt^i and
the Ld Chati^
cellar.
OUober the laft, ^ary de Medkif, the Queen Mother of France,
came to London^ and fo to St. James's. The People were generally
Malecontent at her coming, and wifti'd her farther off ^ for they did
not like her Train and Followers, which had often been obferved to
bring the Sword or Peftilence,fo that (he was beheld as Ibme Meteor of
ill fignVfication. Nor was one of thefe Calamities thought more the
effeft of her Fortune than- Inclination, for her reftlefs and unceflant
Spirit was prone to embroil all wherefoever fhe came.' Her impetuous
banding and combining with Monficur the Duke of Orleans, and the
improfperity of that enterprife, made France too hot for her, and
draveher, in the Year 1631, to Bruffels, where the Cardinal D' In-
fanta, treated her a while with moft honourable Careffes and Refpeds^
but Flanders, which at firft feemed her place of Refuge, became af-
terwards her greateft Danger, fhe being (as her own Munifefh Ccts
forth ) fo hunted and purfued with continual Imprecations and Qurfes
there, as (he began to fear fome violence to her Perfbn ; lb that quit-
ting that Country, (lie betook her felf to the Protediion of the Prince
of Orange 1637. Long (he ftaied not there, but having received an
invitation from the Queen her Daughter, reforted hither.
November 12.
' 1 1 ^^^ '■^^ motion of the Lord Vicount Wcntnorth, Lord Deputy
' Ll General for His Majefty in the Kingdom of Ireland ^ it was this
' day ordered by his Majefty, with Advice of the Board, That on
■ Tuefday fevennight next, at two of the Clock in the Afternoon, at
'the Council Chamber in Whitehall, being the 12th of this preftnt
' Month of AWw/ifr, the Caufe concerning the Charge fcnt unto his
' Majefty by the Lord Deputy and Council of State of the Kingdom
' of Ireland, againft the Lord Chancellor of Ireland, for divers undue
' Proceedings and Mifdemeanours in that Kingdom : As alio the Caufc
' of Appeal by the Lord Chancellor of Ireland, againft a Decree made
' by the (aid Lord Deputy and his Majefty's Council of that Kingdom,
'and
Hijlorical Collections.
725
and a Review thereof defired by the faid Lord Chancellor (liall be
heard : Whereof all the Panics concerned therein are to take no-
tice, and prepare themielvcs with their Counfel learned, and to at-
tend accordingly. And in regard the Charge againft the (aid Lord
Chancellor doth confift of many fevcral parts : To the end his Lord-
{hip may be better prepared for (uch things as (hall come in debate at
the time afbrefaid (having reference to the (aid Charge) he is to take
notice, that there will be then firft infifted upon thefe Particulars fol-
lowing --i z'jz. The Lord Chancellor delivering the Negative Voice of
the Nobility againll: the Contribution for the Army, [yfrthie againft
the Lord Chancellor in the Caufe between Mary Fitzgerald^ PlantifF,
and John Fitzgerald, Defendent. Mifdemeanors in Jacob's Caufe.
Lord Chancellor's Mi(demeanors and Irregularities in the Caule be-
tween Dr. Medcalf, Plantiif, and George Harfool and others, Dcfcn-
dents.
Novemb. 3.
'T TT THereasupona Lite Exammatiortofthe Account of theShip-
' V V money taken by Us in the pre(ence of his Majefty, to be
' levied upon the Writs iflued in the Year 1637, notwithftanding the
' continual calling upon you,the SherifTof the laft Year, by this
' Board, by his Majefty 's fpecial Command, it appeareth there is yet
' left an Arrcar of We have therefore thought fit
' hereby, according to his Majefty s fpecial Command, to require you
' the Sheritf for the laft Year, Vv'ith all poffible fpeed, upon pain of his
' Majefty's difpleafure, and a fevere proceeding to be had againft you,
' to pay unto Sir WilliatH Ritjjcl^ Knight, Treafurer of the Navy, fb
' much of the (aid Arrear as you have already collected and not paid
' in, and toaffefs, levy and colled byDiftrels or otherwife, according
' to the tenor of the laid Writ iflued in the Year 1637, the reiidue
* of the (aid Arrear remaining unafleffed , unlevied or uncollefted ,,
' and to pay in the (:ime with all poifible fpeed, as aforediid : For
' which purpofe We do require and authorize you the pre(ent Sheriff,
' to give Warrant and Authority to you the Sheriff of the laft Year,
' for the affeffing, levying, and collefting as aforefaid , of the faid
'Arrears; as alfo to give like Warrant and Authority to fuch other
' meet Perfons as you the Sheriff for the laft Year ftiall prefent and
' nominate unto you the prefent High-Sherifi] either jointly or feveral-
' ly, to be imploied in this Service by you the Sheriff o^ the laft Year,
' from whom only his Majefty doth expeft an Account thereof for
' your own time. Of performance of all which, you, or either of you,
' may not fail, as you tender the good Opinion of his Majefty and this
' Board, at your perils. And you the Sheriff i^ot the laft Year are to
' coUedt and pay in all the faid Arrears to Sir William R»ffel by the be-
' ginning of Cavdlemafs Term : Or elfe you are to attend his Majefty
' and the Board the fecond Sunday of that Term, to give an Account
'why the fame is not levied and paid in. And fo, c^f. Dated >///.
'■Novemb. 1638.
Decemb. 5. 1638.
'■\j^7llliam Coke.ECqh one of his Majefty's Juftices of Peace for the
' V V County of Nottingham , having by his under-writing of
'25/. for Compofition for Knighthood (being the Rate appointed for
Bbbbb Perfons
1 4 Caroli.
To pay Ship-
money in
Arrears.
Kniglithood.
7-
HifioYtcal Collections,
An. 1638.
To fini Horfe
and nrms.
Perfons of Quality ) made himlelf liable in the payment thereof,
and is returned as Debtor for the Hime. Forafrauch as We are in- 1
formed by the Commiflioners imploied in that Service, that he hath
done his Majefty very good Service upon feveral occafions , We
therefore think it fit that the faid Sum of 2 5 /. be reduced to 5 /.
And do accordingly will and require you, that the (aid Mr. Coke->
having paid the laid Sum of 5/. bedifchargedof the overpl/0 of the
faid Fine returned upon him infuper upon the account of Sir Jervis
Clifton^ Knight and Baronet, Colledor of the faid Monies for the
Fines of Knighthood in the faid County of Nottingham. And for fb
doing this Ihall be your Warrant.
December. 16. 1638.
'npHis day, his Majefty being pre(ent in Council, was pleated in his
' I. Provident and Princely Care for the Safety and Defence of the
' Realm, to take into Conlidcration amongft other Particulars, the
' making compleat, and increaiing all that conveniently may be, the
' number of Horfe in every County^ as a moft important part of the
' Strength of the Kingdom. And for the better advancing and putting
' in execution thereof^ it was taken into deliberation what proportion of
' Lands and Efiate within the County ought to be chargeable with theji'nd-
' ing of Horfe , and upon mature advice thought fit and refolved. That
' every perfon having Lands of Inheritance of the clear yearly value of
' trvo hundred or three hundred pounds per Ann. within the County, or
' other Efi:ate equivalent thereunto, (hould be chargeable with a Horfe^
' viz. trvo hundred pounds per Annum with a Light Horfe^ and three hun-
' dred pounds per Annum with a Lance^ at the di(cretion of the Lord-
' Lieutenant of that County for the time being. And whereas it was
' now likewife taken into consideration that the (paring or(bmePer-
' fons doth open a gap to excu(es and backwardnefs in others ; to the
' weakning both of Hor(e and Foot. And for that by Letters un-
'der his Majefty 's Roial Signature, bearing date 2^th day of May^
' And by a Minute of Letters from the Board, fent together with his
' Majefty 's (aid Letters to the Lords Lieutenants of every County ,it ap-
'peared that his Majefty 's pleafure was then declared andfignifiedto
' be, That no Man's Purfefiould be Jparcd in thefe Services^ upon any Ex-
' cuje or Pretence whatfiever^ And that his orvn Servants, and thofethat
' attend him in Court, Ihould be priviledged only, and (pared from
' perfonal and aftital Duties, but their Lands and Revenues to be as li-
' able as any others to the Charge of finding Arms in tho(e Counties
' where the (ame do lie. It was therefore ("according to his Majefty's
' expre(s will and pleafure now again Declared) Refolved and Ordered^
' That the direftion and Command given on that behalf, by his Ma-
' jefty's former Letters, fhould be perfued and put in Execution by the
' Lords Lieutenants of every County. And that the like Rule (hould
' be held and oblerved as well concerning the Pcrlbns as the Lands and
' Revenues, of all and every the Minijiers and Officers of any his Ma-
' jelty's Courts ofjujiice, or any others that pretend Priviledge by rea-
' (on of any relation to his Majefty 's Service, or dependence upon any
' great Officer in refpeft of hif Place and Office, which however it was
' not fo particularly expreffed in his Majefty 's former Letters, yet (as
his Majefty was now plea(ed to ob(erve and declare ) the (ame was
necef-
Hifiorical Collections.
727
' neceflarily implied 5 for that '\{none of hk own Servattts were to be
' prtviledged and exempted in their Lands and Eftates from being
' chargeable with Arms, much lefi was it intended that the Minijiers
' and Officers of any of his Courts of Jujirce^ or any other pretending
' Trkilege by his Majefty's Service, or by dependence upon any great
' Officers in relped of their Offices, ftiould in a like cafe have any great
' Priviledge or Exemption allowed them. Hereof a Copy is to be
' forthwith fent to the Lord Lieutenant of every County.
The Charge of Sir William Rujfel, and S\r Henry ^«e, Knights, Trea-
(urers or his Majefty's Navy, touching the Moneys by them received of
the feveral Sheriffs hereafter named, and by them levied by virtue of
hi? Vlajtfty's H'rtf/,iflued out of the high Court oiChancery in the 14//)
Year of his Majefty's Reign, for and towards the fetting forth and
furnifhing of divers Ships for the defence of this Realm, and paid over
by thcra the (aid Sheriffs unto the (aid Sir William Ruffel, and Sir Henry
Vane^ by virtue of a (pecial Commijjwn under the great Seal ^ Dated the
day of in the (aid i^th Year of his Majefty's
Reign, Annoque Dom. 1658. And by Order from the Board to be
by them expended and di(burfed in and about the faid Service.
Tmprimffy The faid Sir William RuJ[el,aT\d Sir Henry Vane^ are charged
with the fum of live thoufand and five hundred pounds, by them re-
ceived of the Sheriffs of the Counties o^ Berks ^ Oxford^ IBuckjngham^
and Bedford^ as foUowcth, viz,. With one thoufand four hundred and
fifty pounds received of the Sheriff of the County of "^er^f. With one
thou(and and three hundred pounds receiv'd of the Sheriff of the Coun-
ty o£ of Oxford^ with one thoufand fix hundred and fifty pounds re-
ceived of the Sheriff of the County o£' Buckingham:, and with
received of the Sheriff of the County oCIBedford,
for and towards the fetting forth and furniftiing of one Ship of 450
Tuns, for the fervice aforefaid.
Item, The (um of four thoufand eight hundred and fifty pounds, by
thtm received of the Sheriffs of the feveral Counties ofCornrval and
Devon, for and towards the fetting forth and furnifhing of one Ship
of 400 Tuns, for the fervice aforefaid.
Item, With the fum of four thoufand eight hundred pounds,by them
received of the Sheriffs of the Counties of Dorjet and Somerjet, and
of the Mayor and Sheriffs of the City of Brijiol, for and towards the
fetting forth and furnifhing of one Ship of 400 Tuns, for the fervice
afor; fid.
Item, With the fum of four thou(and two hundred pounds, by them
received of the Sheriffs of the Counties of Glocejier and Wilts, for
and towards the fetting forth and furnifhing of one Ship of 350 Tuns,
for the fervice aforefaid.
Item, With the fum of five thoufand pounds, by them received of
the Sheriffs of the Counties of Southampton, Surry, Sujfex, and Cinque-
Ports there, for and towards the fetting forth and fornifhing of one
Ship of 400 Tuns, for the fervice aforefeid.
Item, With the fum of four thoufand five hundred pounds, by
them received of the Sheriffs of the feveral Counties ofCambridg, Hun-
tingdon, and Northampton, for and towards the fetting forth and fur-
nifhmg of one Ship of 3 50 Tuns, for the fervice aforefaid.
I Bbbb 2 Item,
l^Caroli.
Sir WiUiam
Rujfel's Ac-
compt of Mo-
neys received
upon the Shif-
money Writs
which iflued
out Aa. 1S37.
7i8
Hiflorical Collections,
J//. 1 6 38.
ItcM^ With the fum of four thoufand nine hundred pounds, by them
received of the Sheriffs of the feveral Counties of Ckejkr, DcrbjyStaf-
ford^ and Lancajler^ for and towards the fetting forth and furnifhing
of one Ship of 400 Tuns, for the fervice aforeiaid.
Iiem^ With the fum of two thoufand pounds, by them received of
the Sheriffs of the Counties o^ CvMherland^ WejimerUnd, Nmhmkr-
land^ and Durefme^ for and towards the fetting forth and furnifhing
1 of one Ship of 1 50 Tuns, for the fervice aforefaid.
I Item, With the fum of five thoufand and five hundred pounds, by
them received of the Sheriffs of the Counties of Ejfex and Ket?t, and
Cinque-Ports there, for and towards the fetting forth and furnifhing of
one Ship of 450 Tuns, for the fervice aforefaid.
hem. With the fum of five thoufand five hundred pounds, by them
received of the Sheriffs of the feveral Counties o^ Suffolk^ and Norfolf,
for and towards the fetting forth and furnifhing of one Ship of 450
funs, for the fervice aforefaid.
Item, With the fam of three thoufand three hundred pounds, by
them received of the Sheriffs of the feveral Counties of Herz/rW and
Middlejex, for and towards the fetting forth and furnifhing of one
Ship of 2 50 Tuns, for the fervice aforefaid.
Item, With the fum of four thoufand nine hundred pounds, by
them received of the Sheriffs of the feveral Counties of Lincoln, Rut-
land and LeiceUer, for and towards the fetting forth and furnifhing
of one Ship of 400 Tuns, for the fervice aforefaid.
Item, With the fum of three thoufand five hundred pounds, by
them received of the Sheriffs of the feveral C jimties of Monmouth,
Hereford, and Salop, for and towards the fetting forth and farnilliing
of one Ship of ^00 Tuns, for the fervice aforefaid.
Item, With the fum of five thoufand five hundred pounds, by them
received of the Sheriffs of the feveral Counties of TorJ{^ and Notting-
ham, for and towards the fetting out and furnitliing of one Ship of
450 Tuns, for thefervice aforefaid.
Item, With the fum of two thoufand feven hundred pounds, by
them received of the Sheriffs of the Counties of ^jrip/Vy^and JVoneJier,
for and towards the fetting out and furnifhing one Ship of 200
Tuns, for the fervice aforefaid.
Item, The faid Sir William Rujffel is charged with the fum of five
thoufand pounds, by him received of the Sheriff of the County of
Dorfet, for and towards the fetting out and furnifhing one Ship of 500
Tuns, for the fervice aforefaid.
Item, With the fum of two thoufand pounds, by him received of
the Sheriff of the County of Durejme, for and towards the fetting out
and furnifhing one Ship of 200 Tuns, for the fervice aforefaid.
Item, With the fum of eight thoufand pounds, by him received of
the Shei-iff of the County of Effex, for and towards the fetting out
and furnifhing one Ship of 800 Tuns, for the fervice aforefaid.
Item, With the fum of five thoufand five hundred pounds, by him
received of the Sheriff of the County ofGloceJler, for and towards
the fetting out and furnifhing one Ship of 550 Tuns, for the fervice
aforefaid.
Item, With the fum of fix thoufand pounds, by him received of the
Sheriff of the County of Sottthawpton, for and towards the letting out
and furnifhing one Ship of 600 Tuns, for the fervice aforeiaid.
Item,
H/ftorica! Collections,
J2<^
Item^ With the fum oF three thoufard five hundred uounds,by him
received of the Sheriff of the County of Hereford^ for and towards
the fitting forth and furnifliing of one Ship of 3 50 Tuns, for the Ser-
vice aforcftid.
Itcm^ W ith the fum of four thoufmd pounds, by him received of
the Sheriff of the County of Hertford^ for and towards the fctting
forth nnri furnifliing of one Ship of 400 Tuns, for the Service afore-
faid.
Itef»^ With the fum of two thoufand pounds, by him received of
of the Sheriff of the County of Hutitwgton^ for and towards the let-
ting forth and furnifliing of one Ship of two hundred Tuns, for the
Service aforeliiid.
Item^ With the fum of eight thoufand pounds, by him received of
the Sheriff of the County of Kent, and Cinque-Ports in Kent, for
and towards the fetting forth and furnifliing of one Ship of 800 Tuns,
for the Service aforefiid.
Item, With the fum of four thoufand pounds, by him received of
the Sheriff of the County of Lancajicr, for and towards the fetting
forth and furnifhing one Ship of 400 Tuns, for the Service afore-
(aid.
//ew, With the fum of four thoufand five hundred pounds, by him
received of the Sheriff of the County of Leicejier, for and towards
the fetting forth and furnifliingof one Ship of 450 Tuns, for the Ser-
vice afore (aid.
hem. With the fum of eight thoufand pounds, by him received of
the Sheriff of the County of Lincoln, for and towards the fetting forth
and furnifliing of one Ship of 800 Tuns, for the Service aforefaid.
Item, With the fum of five thoufand pounds by him received of
the Sheriff of the County of Mtddlefex, for and towards the fet-
ting forth and furnifhing of one Ship of 500 Tuns, for the Service
aforefaid.
Item, The faid Sir William Ryjjel and Sir Henry Vane, are charged
with the fum of one hundred threefcore and eight pounds, by them
received of the Sheriff of tlie County of Anglefey, for and towards
the fetting forth and furnifliing of one Ship of 100 Tuns, for the Ser-
vice aforefaid.
Item, With the fiim of two hundred and fixteen pounds, by them
received of the Sheriff of the County of Carnarvon, for and towards
the fetting forth and furnifhing of one Ship of 100 Tuns, for the Ser-
vice aforefaid.
Item, With the fum of four hundred twenty and four pounds, by
them received of the Sheriff of the County of Denbigh, for and to-
wards the fetting forth and furnifhing of one Ship of 100 Tuns, for
the Service aforefaid.
Item, With the fum of two hundred and fixteen pounds, by them
received of the Sheriff of the County of Flint, for and towards the
fetting forth and furnifliing of one Ship of 100 Tuns, for the Service
aforefaid.
Item, With the fum of three hundred twenty and two pounds, by
them received of the Sheriff of the County of Montgomery, for and
towards the fctting forth and furnifhing of one Ship of 100 Tuns, for
the Service aforefaid.
Item^ With the fum of one hundred fifty and four pounds, by them
received
1 4 Car oh.
73
o
HiBorical Collections,
^». 1658.
Affairs in
Scotland.
received of the Sheriff of the County of Merioneth^ for and towards
the fetting forth and furniftiing of one Ship of 100 Tuns, for the Ser-
vice aforefaid.
7/fw, With the fum of three hundred threefcore and one pounds,by
them received of the Sheriff of the County of BreckpoL\^ for and
towards the fetting forth and furnifhing of one Ship of 1 50 Tuns, for
the Service aforefaid.
Jtem^ With the fum of two hundred forty and eight pounds, by them
received of the Sheriff of the County of Cardigan^ for and towards
the fetting forth and furnvfhing of one Ship of 1 50 Tuns, for the Ser-
vice aforefaid.
Item '-i With the fum of three hundred and one pounds, by them re-
ceived ofth€ Sheriff of the County of C^y^f'^r^Aew, for and towards
thefetting forth and furnifhing of one Ship of 1 50 Tuns, for the Ser-
vice aforefaid.
Itcm^ With the fum of five hundred forty and feven pounds, by them
received of the Sheriff of the County of Glamorgan^ for and towards
the fetting forth and furniChing of one Ship of 1 50 Tuns, for the Ser-
vice aforefaid.
Item., With the fum of two bundred and threefcore pounds, by them
received of the Sheriff of the County of Pembroke , for and towards
the fetting forth and furnifhing of one Ship of 1 50 Tuns,for the Service
aforefaid.
Item, With the fum of one hundred fourfcore and three pounds, by
them received of the Sheriff of the County of Radnor, for and to-
wards the fetting forth and furnifhing of one Ship of ijo Tuns, for
the Service aforefaid.
This Accompt coming to our hands, we thought meet to prcfent it
for the Reader's more particular fatisfadtion.
Now we beg leave for a while to make a ftep into Scotland, to give
an Account of the Tranfliftions of Affairs in that Kingdom fince the
Month of December m the preceding Year 1637. The Scots begin
their Year always with the Month of January, according to Foreign
ftile -, fo the firfl thing that offers it felf in order of Time is. That his
Majefly fent the Earl o£ Roxboroitgh,Lord Privy-Seal (then at the Court
m England) to Scotland, with certain Infkruftions to the Council, who
were to meet at Dalkeitk, to confiderof the Difordered Affairs of that
Kingdom. And the Council removed the Seflion [or Term'] from
Linlithgovp to Sterling, twenty four miles from Edinburgh, to the end
the Multitudes might be difperfed, under painof Treafon ^ but never-
thelefs they came in great Tumults to Sterhng alfo, and the Earl of
Traquaire, Lord Treafurer of that Kingdom, being newly returned
back from the King, went with the reft of the Council to Sterling,
where they caufed a Proclamation to be made for the difpcrfing of
the huge and dangerous Tumults there affembled, and to affure the
King's Subjefts of his Majefty's fincerity towards the Religion Efla-
blifhed in that Kingdom, and caufed the Proclaraafion to that purpofe
(following) to be made publick accordingly.
CHARLES
Hijlorkal Qollections.
791
QHA%L ES hy the Grace of God, King of greatSritam,
France^ anJ Ireland^ Defender of the Faith, Cr-c. To Our
Lovits, i^c. Our Sheriffs in that Part conjunctly and fe-
verally, Ipecially conftituted, greeting.
€)^afnufc{ja0©Ele, out of Out p?iitcelp Care of mamtcnaiice
of tlje true Eclijion nireatij) p^ofcfleo, anD fo? beatutg uoion
of ai'^iiperftition5f)auino; o^nnuteir a -iDOOkof Commou-Praycr
to be compileB for tf)C ucncral 2Ife anH cnificatton of S)uc ^utjjtct^,
toitljin Out amicut JAiitgiiom of Scotland : cije fame m$ acco,m
inglp tioiie* In tlje frannun: totereof ©He took {jreat care ann paut0,
fa ais noifjiuff pa:t tijereiii Out ioljat luajs fcen anti appioucn bp (He, bc-
foJT tlje fame W$ eitljer ti^ulffeii 0? pjtnteu ; aflTuriuo: aU 0nt lo^
Uinii; ©tiftfcctsi, Cljat not onlp €)uc uttention 10, but eint tlje ijerp
'Baofe teiU be a reaup mcan^ to maintatu tfje Cruc Eeltijion alreaDf
pw&ileti, auo b^i^.t out all 8>upei-ffiticu, of tu&iclj eilc in £)uc ouiit
time 00 not tioubt but in a fair courfc to fiiti^fp C>ur goon ©ubjectjiS:
Qi5ut \)mm Cccit aiiO co.rrioeren fame l^etitions ano De;.laratiou0 gi=
Xtm in to £)ur Council abaint tije faio "laook, anu late Canons of ti;e
Cbui-ilj^ Mz fiuti £>ur Eopal autijo?itp muclj I'unireti tijcriiip, bettj
in tfjei^attet am in tije Carriage tljereof^ toljerebp faie cuj -r iije
tDetecf£>ur iQohilUj), *SDcntrp, 'BuriouBljs, g^iuiffei's, anu otDers,
U5ljo feept ann affiffcn tfjefe ii^cetingi^ ann Connocatioiis,, fc; coftrri-
iJinn; r.nti foiminn; tlje (aiti petidons, oi U)f)3 Ijane uiDilribcQ tbe
fame, to Ueferue anU be liable to £>ur btfflj Ceufure, boflj in tfjeir
15)erfcn0 ano fortunes, a0 Imm trnmicn tfjemfclbi^, ioitfjout
eitljer Out Confent 0? Sutljo^itp => pet becaufe ©lie beiteJje, Cljat
iDljat tljcp fjaiie Done ijercin, 10 cut of a p?epofferou0 ?cal, anH not
cut of anp €iflopaItp 01 eifaf&ction to ^oueraiffutp, ^e are graci^
ouflp pleafeo, fofar fojtfj a0 concern0 tbcfe95cetnto:0, foiconftutiuo:
0? fubtcribing of tIjcCe l;^etition0, 0? p^eCentiuD: lije fame to anp
JuiJgc 0? 3iutiijc0 ut 0ur faij ji^inu^om, to Oifpcnfe tbcretoitfj,
ami mft tiibat map be tijett fault 0? erro? tljerein, to all fucfj as
upon S)iD:nification o^DctJarationcf Our l^fcr;fure,fl)nU retire tijcm-
{elbe0 a0 bccometlj goou anti tiuttui! @)Ub|cct0 : Co ft)l)icb purpote
Our mm ami picnfure ig, ann aBc cljarge pou ffraigbtlp, ami com=
mami, Cbat tfeie letter0 feen, iuicutinent pou paf0, ann in Our
Ji5anie anti autl)o?itp, make imimation bereof to all Our lieffC0 awn
g)UbfC£t0, bp open 1^ ?0£lamation, at all place0 nceuful, lubrretij^cugb
none p?etenti ignojarice tljcreof 5 ann tljereujitlj alfo tljat pou in Our
Bame ann autljojitp, nifcbarge ail fucb Conbocation0 anb ^cetings
in time coming, uitacr tlje pain of Creafon* Sub alfo tljat pou
commanb, cbarge, ann inljibit all Our Lieffe0 ann ^ubjcct0, Cfjat
none of tbem picftime, no? take in Ijann, to refo?t no? repair to Our
IBurixb of St. rling,no? to no otljer llJurgl) tnberc Our Council $ ^ef
fion fii0, till firft tbep ncclarc tbcir CauCe of coming to Our Council,
ann pioairc tbeir ©Ilarrant to tbat effect* ann ftirtljer, Cljat pou
cljarge ann comraann an fuitnrp p?o^olf0,T-aili{f0, ann^agiatate0,
toitbin ebcrp Oourgy Cbat tljep ann ebcrp one of tljem, babe
fpecial care ann reixarn to fee t^i0 Our Eopal C^ill ann J^leafure re-
allp
14 Car elf.
A Proclamati-
on to b?at
down Super-
Itirion.
'.' he King h.ith
ordained a
Common-
i'rayer Book.
732
HiJloYtcal Collections,
^n. 1638.
[febru.tn 19.
m ann mitiftiHp obcpcD in all pointis, aim tW iw Violation tljcccof
be fuffcrfB iuit!)m tljcir TBoimtus, uimcr all Ijieljcft pain^Cnnic, nnri
©ffcncc, tl)nt tljcj) map commit airainlt 110 tit tftat bcijalt; m aifo
tljat pott cottttitaitti aitn cljarge all aim fiiiitirp Babicttteit, 'Baroit,0,
i^iitlftct^, attti 'Biitroiigl)0, toljo at:e ttct actiiallp Jitntucllersi tuitfjtit
iW ©«t 'BitcGl), aitn are ttot of tljc iQtiitibcr of tlje lo?itJ0 of ©ur
l;'?i^p Cotiitcil attti €)e!3fioit, aitn ^nitberis tljcrcof, aitn are alrcanp
UJitljtn tl)i0 SDiir 'Biirijlj, tijat tljep aitti euerj) one of tljem, re-
\m\sz tlj£mfel^e0 , attB titpart attn paf0 fojtlj ctit of Otir im
Ti5iirg!), ann retwrit ttot an;am toitljoiit tlje OUarrant afojcfairr, mtW
fir ljoiir0 after tlje publication ijcreof, unticr tlje faiU pain of Creafon*
ann a0 conccrnino: anp i.3f tition0 tljat fljall Ijcreafter be gi^ctt €10,
upon tlji0 0? anp otber Stibject, Sxtle are liketolfc pleafcD to declare,
©He iuill ttot fljut ®ur Car0 tljerefrottt, fo tljat neitljer tlje jfoim noi
fatter be p?c^iiriicial to €>nr Ecgal aiitfjo^itp ■■, tXyc tuljidj to no, Mt
contmit to pou, coniuttctlp attti teijerall}), £)ur full potncr tp tljrfe
©nr lctter0, neliuerino: tbe fante bp pou milp ereciite ann intiorfcD
again to tlje TSearer* «©iben iiimer €)ur %m\zt at Sterling, tlje
19th nap of February, aiin Of flDiit Reign tljc 13th g^ear, 1638.
Per Adtum Secreti Concilii.
Upon the publifhing of this Proclamation, it met with this Prote-
Ibtion.
For God and the King.
WE Noblemen^ Barons^ Minijlers, Burgers^ appointed to attend
hk Mujejlys Anjiver to our humble Petition and Complaint^ and to
prefer new Grievances^ and to do rvhat elfe may larofidly conduce to our
humble Defires f, That whereupon the 23^ of September laji^we prefented
a Supplication to Your LordJJjips, and another upon the 18th of Odiober
lafi j and alfo a nevp Bill relative to the former upon the 1 ()th of Decem-
ber laU^ and did therein humbly remonjirate our JuH Exceptions againji the
Service Book, and Book^ of Canons •-, and alfo againfi the Arch-Bilhops
and Bifhops of this Kingdonty Oi the Contrivers^ Maintainers^ and TJr-
gers thereof and againli their fitting as our Judges^ until the Caufe be
decided ^ earne^ly fupplicating withal^ to be freed and delivered from thefe
and all other Innovations of that kind, introduced again^^ the laud.ibtc
Laws of this Kingdom, as that of the High Commiffion, and other Evils
particularly mentioned, and generally contained in cur forefaid Supplicati-
ons and Complaints , and that this our Party Delinquent againji our Reli-
gion and Laws, may be tak^n order with , and thoje prcjjing Grievances
may be taken oider with, and redreffed according to the Laws of this King-
dom, as by our faid Supplications and Complaints doth more largely ap-
pear j With the which, on the i (^th of December laif, we gave in a De-
clinator againB the Arch-Bi(hops and Bifhops as our Parties, who by con-
fecjucncc could not be our Judges : whereupon Tour Lordjljips did declare, by
Tour A& at Dalkeith, the faid i <^th of December, That Tou would pre-
fent our Petitions to His MajeBy's Royal Conf.deration, and that with-
out prejudice oj the Declinator given in by us the faid Supplicants, where-
upon we fJwuld be heard at time and place convenient, and in the mean
time fiould receive no prejudice, as the faid AB in it felf beareth. And
whereas
Hijlorical Collections.
733
vphereiff we your Lordfi/ps Supplicants^ with a great deal of patieme^ and
hope alfo grounded on fiindry Promifes, were expe[iing an Anjrver to theje
our humble Defires, and having learned that upon fame Dire&ions of his
Mrijejiji ajient our Supplications and Complaints unto your L.ordfiips of the
Secret Council^ your Lordjlnps admits to the confulting and judging anent
our Supplications^ and his Majejiy's Anfiper thereunto 5 the Arch-Btjhops
and Btfiops our dire& Parties^ contrary to our firfl Declinator propounded
at Dalkeith, and now rehcwedat Sterlings and contraiy to your Lord-
fjips Aci aforefaid at Dalkeith, and contrary to our Religion^ and Laws
and humble Supplications ^ therefore lefi our filencc be prejudicial to this fo
important a Caufe^ of concerns God's Glory and Worjfjip^ our Religion^
Salvation^ the Laws and Liberties of this Kingdom^ or derogatory to the
former Supplications and Complaints^ or unanjwerahle to the truji of our
Commrjfion 5 out of our bounden duty to our God, our King and native
Country^ we are forced to take Injiruments in Notaries Hands, of your
Lordjhjps refujal to admit our Declinator, or remove thefe our T^arties^and
to proteji in manner following.
Firji, That we may have our immediate recourje to our Sacred Sove-
raign, to prefcnt our Grievances, and in a legal way to profecutc the fame
before the ordinary competent Judges, Ctvil or Ecclef.ajiical, without any
(j fence offered by us, or taken by your Lordjliips,
Secondly, We proteji that tlje ^rch-BiJljops and Bifiops, our Parties
complained upon, cannot be reputed or ejleemed Lawful Judges, to fit in
any Judicatory in this Kingdom, Civil or Eccleflajiical, upon any of the
Supplicants, until after lawful Trial judicially, they purge thentjelves of
fuch Crimes as we have already laid to their charge, offering to prove the
fame whenfoever his Saard Majejiy Jhall pleafe to give us audience.
Thirdly, We proteji no ^B nor T'roclamation to fol/cw thereupon, pafi^
or to be paji in Council or out of Council, in prejence of the .Arch-Bjjl)ops
and BiJl)Gps, whom we have already declined to be our Judges, flhiU be
any ways p-ejudicial to us the Supplicants, our Perfons, Ejiates, lawful
Meetings, Proceedings or Purjuits.
Fourthly, We proteji that neither we, nor any wkofe Heart the Lord
fiall move to join with us in thefe our Supplications, againji the aforefaid
Innovations, foall incur any danger in Life, Lands, or any Political or
EccleP.afiical Pains, for not objerving fuch Ads, Books, Canons, Twites,
Judicatures, 'Vroclamations introduced without or againji the .y4&s of
General .Ajjemblies, or ytcis of T^arliament, the Statutes of this King-
dom, but that it full be lawful to us or them to ufe our jelves in Matters of
Religion, of the External Worpip of God, and Polity of the Church, ac-
cording to the Word of God, and laudable Conjiitntions of this Church and
Kingdom, conform to his Majejiy s Declaration the ^th of December
laji.
Fifthly, Seeing by the legal and fibmijjive way of our former Suppli-
cations, all thoje who take thefe Innovations to heart, have Inn kept calm,
and carried themfelves in a quiet manner in hopes of redrejs 3 We proteji
that if any Inconvenience jfjall fall out, which we pray the Lord to pre-
vent, upon the prejjing of any the forejaid Innovations or Evils, jjecially
or generally contained in our former Supplications and Complaints, and
upon yew Lord(l)ips refufal, to take order there-anent, the fame be not
imputed unto us, ivho moji humbly feek. all things to be reformed by an
Order.
Sixthly ; We proteji that thefe our Requejis, proceeding from Confcience,
Ccccc and
1 4 Caroli.
734
— I J —
HiHorical Collections,
and a due rejpeff to his Mijeji/s Honour, do tend to no other end, but t»
the prejervation of the true Reformed Religion, the Laws and Liberties of
his M'tjeji/s moil ancient Kingdom, and fatisfa&ion of our mojl humble
De(lres contained in our Supplication and Complaint, according to his Ma-
jedy's accnjhmed Goodnef and Jttjiice ; from which vpedo certainly expe[i
that his Sacred Majejiy rvill provide and grant fuch Remedy to o»r jttji Pe-
tiiicns and Complaints, as may be expe&ed from Jo gracious a King towards
his mofl Loyal andDutifd Subjects, calling for redrejr offo prejjing Grie-
vances, and praying to God that his Majejiy may long and proj^eronJJy
raign over us.
After this their Proteftation, they did eredt a great number of Ta-
bles (as they called them) ^ in £<^7»/'wr^/j four Principals, one of the
Nobility, another of the Gentry, a third of the Burroughs, and a
fourth of the Minifters. And the Gentry had many fubordinate Ta-
bles, according to their feveral Shires. Thefe feveral Tables did con-
fult of what they thought fit to be propounded at the General Table,
which confided of feveral Commiffioners chofen from the other four
Tables. And from thistime they proceeded in framing and fublcribe-
ing of their Covenant :, concerning which, faith Dr. Belcanqual, the re-
puted Penman of the King's Declaration, That the Jirji Dung that which
from thefe Stables was thrown upon the Face of Authority and Government,
Wiis that lewd Covenant, and Seditious Band anne:xed unto it •-, which fol-
loweth in thefe words.
The Confeffion of Faith of the Kirk of Scotland, fublcribed at firft
by the King's Majefty and his Houlhold in the Year of God 1 580 3
thereafter by Perfons of all Ranks in the Year 1581, by Ordi-
nance of the Lords of the Secret Council, and Afts of the Ge-
neral Aflembly •-, fiibfcribed again by all forts of Perfons, in the
Year 1590, by a new Ordinance of Council, at the defire of
the General Aflembly , with a General Band for maintenance of,
the True Religion, and the King's Perfon, and now fobforibed
in the Year 1638, by us Noblemen, Barons, Gentlemen, Bur-
gefles, Minifters, and Commons under fubfcribing 5 together
with our Refolution and Promifes for the Caufes after fpecificd,
to maintain the faid True Religion, and the King's Majefty, ac-
cording to the Confeffion aforefaid,and Ads of Parliament 5 the
Tenure whereof here followeth.
yyE all.
and every one of Us under written, do proteft,
That after long and due examination of our own Con-
fciences in Matters of True and FaKe Religion, are now throughly
■ refolved of the Truth, by the Word and Spirit of God 5 and there-
' fore We believe with Our Hearts, confefs with Our Mouths, fubfcribe
' with Our Hands, and conltantly affirm before God and the whole
' World, That this only is the true Chriftian Faith and Religion, plea-
' fing God, and bringing Salvation to Man, which now is by the
' Mercy of God revealed to the World by the preaching of the blef-
' fod Evangel. And received, believed, and defended by many and
' (undry notable Kirks and Realms, but chiefly by the Kirk of Scot-
' land, the King's Majefty, and three Eftates of this Realm, as God's
' Eternal Truth, and only Ground of Our Salvation , as more parti-
' cularly
HijJorical C^Uectiom.
735
' cularly is expreflcd in the Confeffion of Our Faith, eftabUfhed and
' publickly confirmed by fundry Afts of Parharaent^ and now of a long
' time hath bin openly profeifcd by the King's Majefty, and whole Bo-
' dy of this Realm, both in Burgh and Land. To the which Con-
' feflion, and Form of Religion, we willingly agree in Our Confcien-
' CCS in all Points, as unto God's undoubted Truth and Verity,grounded
' only upon his written Word ; and therefore We abhor and detcft
' all contrary Religion and Doctrine, but chiefly all kind of Papiftry in
' general and particular Heads, even as they are now damned and
' and confuted by the Word of God, and Kirk of Scotland. But in
' fpecial. We deteft and refufe the ufurpcd Authority of that Roman
' AntichrlO: upon the Scriptures of God, upon the Kirk, the Civil
' Magiftratc, and Confciences of Men •■, all his Tyrannous Laws made
' upon indiiTerent Things againft our Chriftian Liberty ^ his Errone-
' ous Doftrine againft the Sufficiency of the Written VVord, the Per-
' fcftion of the Law, the Office of Chrift and his blefled Evangel ^ His
' corrupted Doftrinc concerning Original Sin, Our natural "inability
' and rebellion to God's Law, Our Juftification by Faith only. Our
' inipcrfed Sanftification and Obedience to the Law, the Nature,
' Number, and ufe of the Holy Sacraments , His five Baftard Sacra-
' ments, with all his Rights, Ceremonies, and falfe Doftrine, ad-
' ded to the Miniftration of the true Sacraments, without the Word
'of God. His cruel Judgm.ents againft Infints departing without the
' Sacrament 5 his abfolute neceffity of Baptilm 3 his blafpemous Opi-
' nion of Tranfubftantiation, or real preience of Chrift's Body in the
' Elements, and receiving of the dime by the Wicked, or Bodies of
' Men. His Difpenfations, with folemn Oaths, Perjuries, and de-
' grees of Marriage, forbidden in the Word 5 his cruelty againft the
' Innocent divorced, his devihfh Ma(s ; his JDlafphemous Priefthood ,
' his prophane Sacrifice for the Sins of the Dead and the Quick ; his
' Canonization of Men calling upon Angels or Saints departed, wor-
' ftiipping of Imagery, Relicks, and Crofles ; dedicating of Kirks, Al-
' tars. Days, Vows to Creatures ; his Purgatory, Prayers for the Dead,
i ' Praying or Speaking in a ftrange Language ; with his Proceffions
I ' and blafj^hemous Letany,and multitude of Advocates or Mediators ,
; ' his manifold Orders, Auricular Confefllon •■, his defperate and un-
I ' certain Repentance ; his general and doubtfbme Faith 3 his Satisfa-
j ' aions of Men for their Sins j his Juftification by Works, Opus Ope-
\ ' ratvKi^ Works of Supererrogation, Merits, Pardons, Peregrinati-
j ' ons and Stations. His Holy Water, baptizing of Eells, conjuring of
\ ' Spirits, Crofting, Saning, Anointing, Conjuring, Hallowing of
God's good Creatures, with the Superftitious Opinion joined there-
with. His worldly Monarchy, and wicked Hierarchy ; his three fo-
lemn Vows, with all his ihavelings of fondry forts 5 his erroneous
' and bloody Decrees made at jrjT;;f,with all the Subfcribers 6c Appro-
' vers of that cruel and bloody Band conjured againft the Kirk of God.
' And finally, We dcteft all his vain Allegories, Rites, Signs, and Tradi-
' tions, brought in the Kirk without or againft the Word of God, and
' Dodrine of this true Reformed Kirk. To which We join Our felves
'■ wiHingly,in Do6i:rine,Religion,Faith,Difcipline,andUfe of the Holy
' Sacraments, as lively Members of the (ame, in Chrift Our Head,
'■ promifing and fwearing, by the Great Name of the Lord Our God,
' That We ftiall continue in the Obedience of the Doftrine and Difci-
Ccccc 2 'pline
l^Caroli.
12L-
^w. 1658.
Hisiorical Collections,
' pline of this Kirk, and (hall defend the fame according to Our Voca-
'tionand Power all the days of Our Lives, under the pains con-
' tained in the Law, and danger both of Body and Soul in the day of
' God's fearful Judgment. And feeing that many are fkirred up by Sa-
' tan, and that Roman Antichrift, to Promife, Swear, Subfcribe, and
"■ for a time ule the Holy Sacraments in the Kirk, deceitfully againft
' their own Confciences, minding thereby, firft under the External
' Cloak of Religion, to corrupt and fubvert (Icretly God's True Re-
'■ ligion within the Kirk •■, and afterwards, when time may fervc, to
' become open Enemies and Perfccuters of the (ame, under vain hope
' of the Pope's Difpenlation, devifed againft the Word of God, to his
' great Confufion, and their double Condemnation in the Day of the
' Lord Jefus.
' We therefore willing to take away all fufpicion of Hypoci ify, and
' of fuch double dealing with God and his Kirk, proteft and call the
' Searcher of all Hearts for Witnefs, that Our Minds and Hearts do
' fully agree with this Our Confeffion, Promi(e, Oath, and Subfcrip-
' tion : fo that We are not moved for any worldly Refped, but are
' perfuaded only in Our Conlcicnccs, through the knowledg and
' love of God's True Pvcligion, printed in Our Hearts by the' Holy
' Spirit, as we fnall anfv.cr to him in the Day when the Secrets of all
' Hearts fhall be difclofed. And becau(e we perceive that the quietiieG
"• and ftability of Our Religion and Kirk doth depend upon the fafety
' and good behaviour of the King's Majefty, as upon a comfortable
' InftrumiCnt of God's Mercy granted to this Country for the mainte-
' nance of his Kirk, andminiftration ofjuftice among us, weproteftand
' promife with Our Hearts under the fime Oath, hand writ, and pains,
' that We ftiall defend his Perfon and Authority, with Our Goods,
' Bodies, and Lives, in the defence of Chrift his Evangel, Liberties of
' Our Country, Miniftration of Juflice, and Punidwient of Iniquity,
' againft all Enemies within this Realm, or without, as We defire Our
' God to be a ftrong and merciful Defender to Us in the day of Our
' Death, and coming of Our Lord Jefus Chrift ; to whom with the
' Father and the Holy Spirit, be all Honour and Ghxy eternally.
' Like-as many Afts of Parliament not only in general do abrogate,
' annul, and rcfcind- all Laws, Statutes, Afts, Confticutions, Canons
'Civil or Municipal, with all other Ordinances and pradick Penalties
' whatfoever, made in prejudice of the True Religion, and Profeffors
' thereof^ or of the True Kirk Diicipline, Jurifdiftion, and freedom
' thereof 5 or in favours of Idolatry and Superfticion : Or of the Papi-
'ftical Kirk, as A7. 3. A>. 31. Pari. i. Acf. 2:^. Pari. 11. ./^7.ii4.
'■Tarl. 12. of K.\ng J a f.ves tht 6th. That Papiftry and Superftition
' may be utterly fappreilcd, according to the intention of the Afts of
' Parliament reported in ^£t. 5. Pari. 20. King Jav/cs the 6th. And
' to that end they ordained all Papifts and Pricfts to be punilhed by
' manifold Civil and Ecclefiaftical Pains, as Adverfiries to God's True
' Religion preached, and by Law eftablifhed within this Rcam,^f'7.24.
' Pari II. King ^'^wex the 6^/), as common Enemies to all Chriftian
'Government, J/J. iS.Parl. 16. King Ja»/es the 6th, as Rebellers
' and Gainftanders of Our Soveraign Lord's Authority, ^/0. 47.
' Parl.7,. K. James 6. and as Idolaters, yf£i. 104. Pari. 7. K. James 6.
' but alfo in particular, ( by and attour the Confeflion of Faith) do
' abolilh and condemn the Pope's Authority and Jurifdiftion out of
'this
Hijiorical Collections.
m
c this Land, and ordains the Mainteiners thereof to be punifhed, ACi. 2.
' P^r/.i. ^(5f 51. PW.3. Aa 106. Varl. 7. AB 114. Varl i2.ofiC.
' ?<iwei- 6. do condemn the Pope's erroneous Dodtrinc, or any other
' erroneous Doftrine repugnant to any of the Articles of the true and
' Chriftian Religion publickly preached, and by Law eftablifhed in this
' Realms and ordains the Spreaders or Makers of Books or Libels, or
' Letters or Writs of that nature, to be puni(hcd : AB 46. Varl. 5. A[i
' 106. 'Tarl. 7. AB 24. T^arl. U.K. Jam. 6. do condemn all Baptifm
' conform to the Pope's Kirk, and the Idolatry of the Mafs ^ and or-
' dains all Sayers, wilfal Hearers, and Concealers ofthe MaG, the Main-
* teiners and Refcttcrs of the Priefts, Jefuites, traffiquing Papifts to
'be punidied without any exception or reftridtion ; A& 5. T^arl. i.
^ Avi 120. Tarl. 12. Act 164. T^arl. 15. Act. 193. T^arl. 14. Act. i.
'■'Varl. 19. Act.<,. T'arl. 20. King jf^wcj 6. do condemn all Erro-
' neous Books and Writs containing Erroneous Doftrine againft the
' Religion prefently profefled, or containing Superftitious Rites and
* Ceremonies Papittical, vvhereby the People are greatly abufed 5 and
'ordains the home-bringers of them to be punifhed. Act. 25. Pari. 11.
' K. J am. 6. do condemn the Monuments and Dregs of by-gane Ido-
' latry ^ as going to Croffes, obferving the Feftival Days of Saints, and
fuch other Superftitious and Papiftical Rites, to the diftionour of
' God, contempt of true Religion, and foftring of great Errors among
' the People, and ordains the ulcrs of them to be punillied for the
' (ccond fault as Idolaters ; Act. 104. 'Varl. 7. K. Jam. 6.
' Like-as many Ads of Parliament are conceived for maintenance
' of God's true and Chriftian Religion , and the Purity thereof, in
' Dodrine and Sacraments of the true Church of God, the Liberty
' and Freedom thereof, in her National, Synodal Afl'emblies , Pref-
' byteries, Seffions, Policy, Difcipline, and Jurifdidion thereof, as that
' Purity of Religion, and Liberty ofthe Church was ufed, profeffed,
' exercifed, preached and confefled according to the Reformation of
' Religion in this Realm. As for inftance : -^5.99. Parl.j. AB.7^.
"■Pari. II. AB. 114. Pari. 12. Aff.i6o.Parl. 15. K.J am. 6. ratified
' by ACI4. K. Charles. So that AH 6. Pari. \. and AB. 68. Pari. 6. of
' K. Jam. 6. in the Year of God 1 579, declares the Minifters of the
' bleifcd Evangel, whom God of his Mercy had raifed up, or hereaf-
' ter ftiould raile, agreeing with them that then lived in Doftrine and
' Adminiftration of the Sacraments , and the People that profeffed
' Chrift, as he was then otTered in the Evangel, and doth communi-
' cate with the holy Sacraments ( as in the Reformed Kirks of this
' Realm they were prefently adminiftred) according to the Confeffion
' of Faith, to be the true and holy Kirk of Chrift Jefus within this
' Realm, and decerns and declares all and fundry, who either gainfays
' the Word of the Evangel, received and approved as the heads of the
' Confeflion of Faith, profeffed in Parliament in the Year of God 1 560,
' fpecified alfo in the firft Parliament of K. Jam. 6. and ratified in this
' prefent Parliament, more particularly do fpecify 5 or that refutes the
' Adminiftration of the holy Sacraments as they were then miniftrated,
' to be no Members ofthe faid Kirk within this Realm, and true Reli-
' gion prefently profefled, fo long as they keep themfelves fo divided
' from the focietyof Chrift's Body. And the fubfequent ACi 6<). Parl.6.
' K. James 6. declares , That there is no other face of Kirk, nor o-
' ther face of Religion, than was prefently at that time by the favour
I of
1 4 Caroli.
73^
HiUorkal Collections.
y{n. 1638. 1 ' of God eftablillicd within this Realm, which therefore is ever ftiled
L-<?^'"V'^^ 1 ' God's true Religion,Chrift's trueReligion,thc true and Chriftian Re-
' ligion,and a perfed Religion. Which by manifold Ads of Parliament,
' all within this Realm are bound to profels to fublcribe the Aritcks
' thereof^ the Confeffion of Faith , to recant all Doftrine and Errors
' repugnant to any of the (aid Articles, J5f.4. & 9. Pari. 1. Mi. 45,
' 46, 47. Vdrl. 3. ^d. 71. Purl. 6. All 106. Pari. 7. Mi 24. Parl.w.
' ASi 125. Pari. 12. ACf 194. Si 197. Pari. 14. of King James 6. And
' all Magi ftrates, Sheriffs, d'r. on the one part, are ordained to (earch,
' apprehend, and puniOi all Contraveners : For inftance, ^& ^.Parl.
' I. Acl 104. Pari. 7. Ml 25. Pari. 1 1. R. Jaw. 6. And that, not-
' withftanding of the King's Majefty's Licences on the contrary, which
'are di(charged, and declared to be of no force, in fb for as they tend
' in any ways to the prejudice and hindrance of the execution of the
' Ads of Parliament againfl: 'Papisls^ and Adversaries of the trucRcli-
'gion. Ml 106. Pari. J. K. James 6. On the other part, in ^y4& 47.
' Pari. 3. K. James 6. it is declared and ordained, Seeing the Caufe of
' God's true Religion, and his Highnefs's Authority are fo joined, as
' the hurt of the one is common to both ^ and that none fhall be re-
' puted as loyal and faithful Subjeds to our Sovereign Lord, or his Au-
' thority, but be punilhableas Rebellersand Gainftandersofthe lame,
' who (iiall not give their Confeifion, and make Profeiiion of the faid
' true Religion ^ and that they who after defedion (hall give the Con-
' feffion of their Faith of new, they (hall prom.ife to continue therein
'in time coming, to maintain our Soveraign Lord's Authority, and
\ ' at tlie uttermoft of their Power to fortifie, affift and maintain the
' true Preachers and Profeflbrs of Chrift's Religion, againft whatfoever
j ' Enemies and Gainftanders of the (arae : and namely, againft all fuch
[ ' of whatfoever Nation, Eftate,or Degree they be of, that have joined
* ' and bound themfelves, or have affiftcd, or affifts, to fet forward and
' execute the cruel Decrees of Trent^ contrary to the Preachers and
' true ProfelTors of the Word of God, which is repeated word by word
' in the Articles of pacification at Pearth the 23^^ Fe/^.i 572, approved
'by Parliament the laft of .^r;/ 1573, ratified in Parliament 1578,
'and related ^45 i2 3.P.er/. 12, of King jf.w/ej- 6. vvidi this addition,
' That theji are Icimdio refiji all irea finable 'Uproars avd Hojlilitki raijecl
' againjl tke tnic Religra:, tic ICings <31ajcjly and the true Prcfcjjcrs.
' Like-as all Lieges are bound to maintain the Kings Majefty's Roi-
' al Perfon and Authority, the Authority of Parliamants, without
' which neither any Laws or lawful Judicatories can beeftabliftied, AM
'130,^5 131 Parl.S.K. James 6. and the Subjeds Liberties, who
' ought only tolive and be governed by the Kings Laws, the common
' Laws of this Realm allanerly, AM 48. Pari. 3. K. James i. A^i 79.
' Pari. 6. K. James 4. repeated in ACt j^i. Purl. 8. K. James 6. which
' if they be innovated or prejudged, the Commiffion anent the Llni-
' on of the two Kingdoms of Scotland and England^ which is the ible
' AH of 17. Pari, K. James 6. declares fuch confufion would eniue, as
' this Realm could ba no more a free Monarchy; becaufe by the fun-
I ' damental Laws,ancient Priviledgcs, Offices and Liberties of this King-
' dom, not only the Princely Authority of his Majefty's Roial Defcent
' hath been thele many Ages maintained, aUb the Peoples fecurity of
' their Lands, Livings, Pvights, Offices, Liberties and Dignities prefer-
'ved. And therefore for the prefervatioa of the faid true Religion,
Laws
Hijlorkal Collections.
739
' Laws and Liberties oFthis Kingdom, it is ftatute by ^ci 8. '^Parl. i.
'repeated in Act 9p. Turl. 7. ratified in Avf 23. T?url. 11, & 14 A&
' of K.J'iwes 6. &C4. A"/ of King C/jarks, That all Kings and^Prwces at
' their Curo7ration and Rewptfon of their "Prtfnelj/ Authority ^ JJjall makg
' thdr faithful Promifc by their Solemn Oath in the Prejence of the Eternal
' Gocl^ Thjt during the whole time of their Lives they fiall jervc the fame
'■ Eternal God to the iitniofl of their Poiver^ according m he hath required
' in his n/oU holy IVord^ contained in the Old and New Tcfiaments, and
'■according to the fan/e Word fiall maintain the trite Religion ofChriti Je-
'///;<•, the Preaching ofhk holy Word^ the due and right Minijlration of the
' Sua\imcnts now received and preached vpithin tlm Realm (^according to
' the Confjjion of Faith immediatly preceding^} andfiall abolijli and gain-
'■ Jiand all falfe Religion contrary to the fame --^ andfliall rule the People com-
' niitled to their Charge according to the Will and Commandment of God
' revealed in h/s forefaid Word^ and according to the lotvable Laws and
' ConUittitions received in this Reahn, no tPays repugnant to the faid Will
' of the Eternal God 5 and/hall procure^ to the titmoff of their Power ^ to the
' Kjrl{ofGod, and whole Chrifiian '^People, true and perfelf Peace in all
' time coming : ^nd that they full be carefid to root out of their Empire^
' all Hcrdicks and Enemies to the true Worfiip afGod^ whofjall be Con-
' victcd by the true Kirk^ofGod of the forefaid Crimes. Which was alio
' obfcrvcd by his Majefty at his Coronation in Edinburgh 1633, as may
' be (een in the Order of the Coronation.
' In obedience to the Commands of God, conform to the praftice of
' the Godly in former times, and according to the laudable Example of
* our worthy and religious Progenitors, and of many yet living amongft
' us, which was warranted alfo by Ad of Council, commanding a Gc-
' neral B.ind to be made and fubfcribed by his Majefty 's Subjefts of all
' Ranks, for two Caufo : one was, for defending the true Rehgion,
' as it was then reformed, and is expreffed in the Confcffion of Faith
' above written, and a former large Confeffion eftabliflied by fundry
' Ads of lawful General Affemblies, and of Parliament, unto which it
' hath relation, fet down in publick Catechifms, and which had bin
' for many Years with a bleffing from Heaven Preached and Profefled
■• in this Kirk and Kingdom, asGod's undoubted Truth, grounded only
' upon his written Word : The other Caule was for maintaining the
' King's Majefty, his Perfon and Eftatej The true Worftiip of God and
'the King's Authority being fo ftraightly joined, as that they had the
'fame Friends and .common Enemies, and did ftand and fall together,
' And finally being convinced in our minds, and confeffing with our
' mouths, that the prefent and (ucceeding Generations in this Land are
' bound to keep the forefaid National Oath and (ublcription inviola-
'ble,
' We Noblemen, Barons, Gentlemen, Burgefles, Minifters,and Com-
' mons under fubfcribing, confidering divers times before, and efpe-
' cially at' this time, the danger of the true Reformed Religion, of the
' King's Honour, and of the publick Peace of the Kingdom, by the
' manifold Innovations and Evils generally contained, and particularly
' mentioned in our late Supplications, Complaints, and Proteftations,
' Do hereby profefi, and before God,his Angels, and the World folemn-
■ ly declare, that with our whole Hearts we agree and refolve all the
' days of our life conftantly to adhere unto, and to defend the fore-
' fiid true Religion, and forbearing the practice of all Novations,
'already,
1 4 Carol/.
740
HifoYtcal Collect torn.
' already introduced in the matters of the Worfliip of God, or appro-
' bation of the Corruptions of the publick Government of the Kirk,
' or civil Places and Power oi Kirkmen, till they ,be tried and allow-
' cd in free AlTemblies, and in Parliaments, to labour by all means
' lawful to recover the Purity and Liberty of the Gofpel, as it was
' eftablilhed and profefl'ed before the forefaid Novations : And becaufe
' after due examination We plainly perceive, and undoubtedly be-
' lieve, that the Innovations and Evils contained in our Supplications,
' Complaints and Proteftations have no warrant of the Word of God,
' are contrary to the Articles of the forefaid Confeflions, to the inten-
' tion and meaning of the bleffed Reformers of Religion in this Land,
' to the above written Ads of Parliament, and do (enfibly tend to the
' reeftablifhing of the Popilh Religion and Tyranny,and to the fubver-
' fion and ruin of the true Reformed Religion, and of our Liberties,
' Laws and Eftates5We alfo declare, that the forefaid Confeffions are to
' be interpreted, and ought to be underftood of the forefaid Novations
' and Evils, no lefs than if every one of them had bin exprefifed in the
■ forefaid Confeffions ^ and :hat we are obliged to deteft and abhor
them, amongfl other particular Heads of Pa piftry abjured therein j
• And therefore from the knowledge and Confcience of our Duty to
' God, to our King and Country, without any worldly refpcdt or in-
' ducement, fo far as humane infirmity will fufFer, wifhing a further
' mcafure of the Grace of God for this efFed, We promife and fwear
' by the great Name of the Lord our God,To continue in the profef^
fion and obedience of the forefaid Religion 5 That we fhall defend
* the fame, and refifl all thefe contrary Errours and Corruptions, ac-
' cording to our Vocation, and to the utmoft of that power that God
' hath put into our hands all the days of our life. And in like manner
' with the fame Heart we declare before God and Men, That we have
' no intention or defire to attempt any thing that may turn to the
' difhonourof God or the diminution of the Kings Greatnefs and Au-
' thority ^ but on the contrary we promife and fwear,That we fhall to
' the utmcfl of our power, with our Means and Lives, ftand to the de-
' fence of our dread Soveraign the King's Majefty, his Perfon and Au-
' thority, in the defence and prefervation of the forefaid true Religi-
' on, Liberties and Laws of the Kingdom ; As alfo to the mutual Dc-
' fence and Affiflance, every one of us of another, in the fame Caufe
' of maintaining the true Rehgion, and his Majeflies Authority, with
' our befl Counfels, our Bodies, Means and whole Power, againft all
' forts of Pcrfons whatfoever. So that whatfoever fhall be done to
' the leaft of us for that Caufe, fhall be taken as done to us all in ge-
' neral, and to every one of us in particular. And that we fhall neither
' direftly nor indireftly fufFer our felves to be divided, or withdrawn
' by whatfoever Suggeftion, Combination, Allurement, or Terror from
' this blelled and loyal Conjunftion, nor fhall cafl in any Let or Irape-
' diment that may ftay or hinder any fuch Refolution, as by common
' confent fhall be found to conduce for fo good ends : but on the con-
' trary fliall by all lawful means, labour to further and promove the
' fame. And if any fuch dangerous and divifive Motion be made to
^ Us by Word or Writ, We and every one of Us, (hall either fuppreG
' it, or Cif need be) Ihall incontinently make the fame known, that it
'may be timoufly obviated. Neither do we fear the foul Afperfions
' wf RebeUioKfion/hinatioti, or what elfe our Adverfaries from their Craft
' and
Hijlorkal Qollectiom.
741
' and Malice would put upon Us, feeing what We do is fb well war-
* ranted, and ari(eth from an unfeigned defire to maintain the True
' Worftiip of God, the Majefty of Our King, and the Peace of the
' Kingdom, for the common happinefs of Our (elves and Pofterity.
' And becaufe We cannot look for a Bleffing from God upon Our
' Proceedings, except with Our Profeffion and Subfcription, We join
' (uch a Life and Converlation as befeemeth Chriftians, who have re-
' newed their Covenant with God 3 We therefore faithfully promi(e,
' for Our Selves, Our Followers, and all other under Us, both in pub-
' lick, in Our particular Families, and perfbnal Carriage, to endea-
' vour to keep Our (elves within the bounds of Chriftian Liberty, aud
' to be good Examples to others of all Godline(s, Soberne(s, and
' Righteou(e(s, and of every Duty We owe to God and Man. And
' that this Our Union andConjunftion may be obferved without vio-
' lation. We call the Living God, the Searcher of Our Hearts, to
' Witne(s, who knoweth this to be Our fincere De{]re, and unfeigned
' Refolution, as we (hall anfwer to Jcfus Chrijl in the great Day, and
' under the pain of God's evcrlafting Wrath, and of Infamy, and of
' lo(s of all Honour and Rcfpedt in this World : Moji humbly hefecchmg
' the Lord to jirengthcf? ZJs by his Holy Spirit for this end^ and to blefs Our
' Defires and Proceedings rvith a happy Succefs^ that Religion and Righte-
' oufhefs may fionrijli in the Land, to the Glory of God^ the Honour of Our
' King, and Peace and Comfort of TJs all.
' In Witne(s whereof We have (ubfcribed with Our Hands all the
' Premifes, &c.
This Covenant was no fooner framed, but it fo took, as it was pre-
(ently fworn , (irfl:, at Edinburgh, in the Month of February 1638
Scotifh ftyle. And then fent every-where through the Country, to be
(ubfcribed according the Example of thofe in Edinburgh.
It is ob(erved in the King's Declaration, That whereas the Band an-
nexed to the former Confeflion, was made in defence of the King's
Authority and Perfon, with their Fortunes, Bodies, and Lives, in de-
fence of the Gofpel ofChrift, and Liberties of the Kingdom, &c.
But to this Covenant (faith the Declaration) they have added a mu-
tual Defence of one another, and made againft all Perfons whatfb-
ever, who (hall oppofe them in their Cour(es, not excepting the King
him(elf 3 neither was the King's con(ent to this their New Covenant
ever granted, nor ever fo much as once asked.
The Proclamation dated Feb. 1 9, and publifhed at Sterling, was fo
far from giving (atisfadion, that it produced greater confufion 5 for it
met with a Proteftation (ent from thofe of the Tables, who notwith-
flanding the Proclamation, continued to fit. Whereupon the Coun-
cil appointed a folemn Meeting to be upon the firft of March at Ster-
ling, for the examining of Things, that they might (end their Advice to
Court. When the firft of March came, the Lord Chancellor (ent his
Excu(e, the reft of the Bi(hops declined to come, except Bifhop Bre-
chin : Neverthelels the Lords of the Council went on, and conti-
nued confulting and debating four days together '-^ the Iflue of which
was, to (end Sir John Hamilton, the Juftice Clerk, to the King with
Inftruftions, to this effed.
D d d dd Infirudfions
14 Curoli.
/C D. p." 7.
742
HisioYtcal Collections.
^». 1638.
hifiyuSims from His Majefys Cornell to the Lord Jujlicc-
Qerkj ivhom they have ordained to go to Qourt for His Ma-
jeflys Service.
IN tlie firft place you are to receive from the Clerk of the Council,
all the Afts paft fince Our meeting upon the iji of^Murrh inftant.
' Iteffi, You have to reprefent to his Majefty, That the Diet of
' Council was appointed to be folemnly kept, by the Advice of the
' Lord Chancellor , and Remanant Lords of the Clergy being at
' Edwburgh for the time, who afllircd Us, That they fliould keep the
' Diet prccifely 5 but at Our meeting at Stcrlitrg^ We received a Let-
' tcr of Excufe from the Lord Chancellor, which forces Us to proceed
' without his Lord fliips prefence, or any others of the Lords of the
' Clergy, except the Biftiop of Brechin^ who attended Us three days,
'■ but removed before the clofing of Our Opinions ancnt the Bufi-
' nels.
Item^ ' That immediately after We had refblvcd to direft you with
' a Letter of Truft to his Majefty, We did (end Our Letter to the Lord
' Chancellor,acquainting him withOur Proceedings,anddefiring him to
' confider thereof; and if he approved the fame, to Sign them, and to
' caufe the Remanant Lords of the Clergy neareft unto him, and namely
' the Biftiop of B;-echmc^ who was an Ear and Eye-Witnefs to Our
' Confultations, to fign the fame, and by their Letter, to His Majefty,
' to fignify their Approbation thereof; or if his Lordfhip did find
' (bme other way more convenient for His Majefty 's Honour, and the
' Peace of the Country, that his Lordftiip by his Letter to the Lord
' Treafurer or Privy-Seal, would acquaint them therewith, to the
' effeft they might convene the Council for conliilting thereabout.
/few, ' That you ftiew His Majefty, That His Majefty 's Councils,all
' in one Voice, find. That the Cau(es of the general Combuftions in
' the Country, are the fears apprehended of Innovation of Religion
' and Dilcipline of the Kirk, (cftabliQied by the Laws of the King-
'dom) by occafionof theiSerwVe-Tjfc;/^, Book of Canovs^ zvAHigh-
' Ccmmijpcn^ and from the Introdudion thereof, contrary to, or with-
' out Warrant of the Laws of the Kingdom.
//c«?, ' You are to prefcnt to His Majefty, Our humble Opinion,
' that feeing, and as We conceive the Service-Book , Book of Canons^
'and High-Commijppn (as it is fct down) are the occafion of this
' Combuftion ; and that the Subjefts offer themfclves upon peril of
'their Lives, to clear, That the faid ^ert'/rc-B^'^^, and others afore-
' faid, contain divers Points contrary to the Religion pretently pro-
' felled, and Laws of the Kingdom, in matter and manner of Inrro-
' dudion, that the Lords think it expedient that it be reprefented to
' his Majefty 's gracious Confideration, if His Majefty may be pJeafed
' to declare, as an Aft of His fingular JufticL", That He will take Trial
' of His Subjefts Grievances, and the Rcafons thereof, in his own
'Time, and in His own Way, according to the Laws of this King-
' dom ; and that His Majefty may be pleafed gracioufly to declare,
' That in the mean time he will not prefs nor urge His Subjects thcre-
' with, notwithftanding any Ad or Warrant made in the contrary.
'And
HiftoYtcal Collections,
' And in cafe his Majefty (hall be gracioufly pleafed to approve of
our humble Opinions, you are thereafter to pre(ent to his Maiefty's
gracious and wife Confideration, if it (hall not be fitting to confult
his Majelty's Council, or fbme fuch of them as he fliali be pleafed to
call to hirafelf, or allow to be (ent from the Table, both about the
Time and way of doing it.
' And if his Majefty (as God forbid) ftiall diflike of what we
have conceived moft conducing to his Majefty 's Service, and Peace of
the Kingdom, you are to urge, by all the Arguments you can, That
his Majefty do not determine upon any other Courfe, until fbme at
leaft of his Council from this, be heard to give the Rcafbns of their
Opinions : And in this cafe you are likewife to prefent to his Ma-
jefty'sConfideration, if it ftiall not be fitting and neceflary to call
for his Informers, together with fome of his Council, that in his
own prefence he may hear the Reafons of both Informations fully
debated. ,
' You ftiall likewife ftiew his Majefty, That this Council having
taken to their Confideration what further was to be done for com-
pofing and fetlingof the prelent Combuftion within that Kingdom,
and diflipating of the Convocations and Gatherings within the
fame, feeing Proclamations are already made and publiOied, dif-
charging all fuch Convocations and unlawful Meetings^ the Lords
after debating, find they can do no further than is already done
herein, until his Majefty 's Pleafure be returned to this our humble
Remonftrance.
Signed,
Traquair:,
Roxborough,
Perth,
Wigton,
K.7t7ghorne^
Latiderdaky
Angus,
^orft^
Dorvn,
Napier,
J. Haj,
Tho. Hopt,
Ja. Cartfiichet,
W. Elphinjioa.
Thele Inftruiiions being tranfmitted to the Lords of the Clefgy.
were returned figned as follows.
St. Andrews.
Da. EdifT,
Jo. DHmblanen,
Tho. Galiovid,
Wul. Brechinen,
Thefe Inftruftions were feconded by a private Letter to the King,
figned by Traquair and Roxborvngh, to the effeft following.
Ddddd i
Moft
743
l^Caroli.
744
Hi^orical Collections.
An. 1658.
Mod Sacred Soveraign,
ALthough the mifirahle EJlate of this poor ICmgdotft^ will be fiiffi-
cicntly itnderjiood by your Majcjiy from this Gentleman Sir John
HamiltonV 'J^Ltio// j yet rve coKceive our fclves in a Jpecial manner bound
and obliged to reprejent ivhat we conceive does fo nearly concern your M.i-
jefiys Honour and Service 3 and therefore give us leave truly and faith-
\fnUytoteU ]oi.'r Majesfy^ That f nee the laji Proclamation^ the fear of In-
' TTOvation of Religion is Jo apprehended by all forts of SnbjeUs^ jrom all
Corners of this Kingdom^ that there if nothing to be feen here but a ge-
neral C ombitjiwn^and all Men firengthenwg th'en/felves by Jitbfcribing Bands,
and by all other means, for refitfing of that rrhich theyjeemfo mticb to fear.
This is come to fuch a height, and daily lil^e to increaje more and more, that
tee lie not a probability offeree or Power rvithin this Kingdom to reprefs
this Fury, except your Majeliy may be gracioufly pleafed, by fome Ad of
your oivn, to jecure them of that which they feem fo much to apprehend by
the inbringing of the Books of Common-Prayer, and Canons.
The way which the Subje&s have taken, and daily go about in the profc-
cution of their BiiQnefs is inexcufable, and no ways agreeable to the Duty of
gopd Subjelis. But your ^Jajefly is wifely to confider what is the bejl and
Jafeft courfe for your own Honour, and Peace of your Government : And
fince Religion is pretended to be the Caufe of all, if it fiall not be a fafe
Ccurfe to free them at this time from Fears, by which means the wifer fort
will be fatisf'ed, and fo your MaJeBy enabled, with lejs pain or treuble, to
overtake the Infolencies of any who foall be found to have kicked againfi
Authority.
We are the rather moved at this time to be of this Opinion, That having
found it the Opinion, not only of thofe to whom your <^ajeiiy wrote in
particular, (except of the Mnrquefs of Huntley, who as yet is not come
from the Ncrth) hut of wofi of the Noblemen, and Men of refoe£f within
this Kingdom. V\'e find fciv or none well fatisfied with the Bujinefs, or
to n4:o»i ive dure auvife your Majelfy t» tru^ in the profecution thereof^
and if any have or foall inform your Majesty to the contrary, give us leave
humbly to intreat jour Majeiiy to be pleafed to call them before your Self,
that in our prefence you may hear the Reafons of both Informations fully
debated.
So praying God to grant yoitr MajeUy many happy days, and full con-
tentment in all your Roial Defjgns^ we humbly take our leave, and reji.
Sterling, March 5.
1638.
Tour ^Majeiiy s humble Servants,
and faithful Subje&s,
TRAQUAIRE,
ROXBOROUGH.
There wasalfb a publick Letter written by the Council to the Mar-
quels, dated at Sterling the ^thof<3farch, fent by Sir John Hamilton,
informing the Marquels, ' That they did find the Subjefts Fears and
' Stirs to increafe fince the laft Proclamation,and appointed the Coun-
' cil to meet then to confult upon the growth of publick Evils, and
Remedies
Hifiorical Collections.
745
' R-cmedies thereof! After the Council had fpcnt four days in advi-
' fing, they refolved to fend Sir John Hamilton, one of their number,
' with a Letter from them to his Majefty,to whom they have imparted
' their Opinions and Reafons of the (ame Publick Ills,and Remedies of
' the fame, to be reprefented to his Sacred Majefty, becaufe the Bufi-
' ne(s is fo weighty and important, that in their Opinion the Peace of
' the Country was never in lb great ha7:ard j they have thought fit to
' recommend the Bufisefs to your Lordlhips conlideration.
Signed by the fame Privy-CouncellorSjWhofe Hands were to Sir jfi'/fi«
Huntilton's Inftru6tions.
After Sir John Hamilton s arrival at the Court at Whitehall^ and ha-
ving prefented to his Majefty what was committed to his truft and
care, his Majefty confulted with his Inward Council, as to the Scotifli
Affairs, and refolved to fend Marquels Hamilton as High-Commiffioner
to Scotland for that Service, hoping by fuch an Authority to quiet the
Fury of the People •-, and Sir John Hamilton was immediately dif^
patched again to Scotland., to give notice of the King's Refolution,
and that his Majefty 's Pleafure ftiould be further known when hisHigh-
Commiflioner came down.
The Covenanters not long after the Lord Juftice Clerk his arrival
at Court, made their Application to the ScotiJI) Lords then at Court,
complaining of the Privy-Council for harfti ufige ; and withal fent
up their Grievances, figned by Tithes, CaJfils,t^ontrofe^ to the effeft
following.
Articles for the p-efent Teace of the IQrk and Kingdom
of Scotland.
IF the Queftion were about luch Matters as did come within the
compafb of our own Power, we would be afhamed to be impor-
tunate, and ftiould be very eafily (atisfied, without the fmalleft trou-
ble to any 5 but confidering that they are the Matters of God's Ho-
nour^ of the Kingdom of Chriji^ and the Peace of our Souls, againft
the ^yl^jjioy of Iniquity, which we clearly perceive to have bin un-
ceffantly working in this Land fince the Reformation, to the ruin of
True Religion in the end : it cannot ftand with our Duty to God, and
to our King, to our Selves and Pofterity, to crave or he content rvith
lefs than that which the Word of God, and our Confeflion of Faith
doth allow, and which may againft our Fears eftablifti Religion af-
terwards.
I. ' The difcharging of the Service-Book, the Book of Canons, and
of the late High Commi^fioii, may be a part of the fatisfaSion of our
humble Supplications, and juft Complaints ; which therefore we
ftill humbly defire : but that can neither be a perfedl: Cure for our
prefent Evils, nor can it be a prefervation in time to come.
' When it is confidered what hath bin the Troubles and Fears of his
Majefty's moft Loial Subjeds from the High Commijfion, what is the
Nature and Conftitution of that Judicatory 5 how prejudicial it
proves to the lawful Judicatory of the Kirk and Kingdom ; how far
'it
14 Caroli'
The eight Ar-
ticles ot Grie-
vances projjo-
fed by the Co-
venanters.
746
HiHorical Collections.
"I
y4n. 1658.
Mty 16.
Tiic lubltancc
of t'.v; Mar-
qucfsS Indru-
ftion« rcLiting
to his Com-
iviiflioii.
it endangers the Confciences, Liberties, Eftates,and Perfons of all the
Leiges, and how eafily and far more contentedly all the Subjcts may
be kept in Order and Obedience to his Majefty's Juft Laws, without
any terror cfthat kind. We look that his Majefty's Subjefts, who have
■ u(cd to obey according to the Laws, (hall he altogether delivered from
• the Hfgh-Commijjion, as from a Yoak and Burden, which they feel and
• fear to be more heavy than they (hall be ever able to bear.
9. ' Rcmembring by what ways the Articles of Perth were intro-
' duced 5 how ftrangely, and with what oppofition they were carried
' in the Aflembly 5 upon what Narrative they were concluded ; how
' the Ratif cation in Parliament was not defired by the Kirk, but ear-
' neftly fupplicated and protefted againft '-, how they have bin intro-
' dudory of the Service-Bool^, whereof they are now become Mem-
' bers, and in their nature make rcay for "Poperj/, &c. Whatfoever
' hath bin the Intentions of the Urgers, and withal, what Troubles
' and Divifions they have cau(ed thefe twenty Years in this Kirii^ and
' Kingdom 5 and what Jealoufies between the King's Majefty and his
' Subjedts, without any Spiritual Profit or Edification at all ^ as we can
' fee no reafbn why they ftiould be urged by Authority, fo can we not
"• find but we (hall be more unable to digeft them than in the bcgin-
' ning, when we had not as yet tafted and known how bitter and un-
' whollbme they were.
But for further (atisfaftion, fee the reft of thefe Articles in Hamil-
ton s ^emoires, p. 40, 41.
Before the Vlarquels begun his Journey from London, his Majefty
called to him the Arch-Bifhop of Canterbury and St. Andrews, alio the
Bi(hop of Galloway, Brechin, and Rofs, into his Clolet at Whitehall,
and the King declared unto them the choice he had made of the Mar-
que(s,vvhom he intended to fend to Scotland,W\t\itht ChTuvzikev oi High-
tommijfioner, for eftabli{hing the Peace of the Country, and the Good
of the Church. And upon the jth of <^ay. Letters were (ent into
Scotland, giving notice of the King's Re(blution 5 and the Marquefs
wrote to his Friends and Dependors to meet him the ph of June.
^ay the 1 Gth, the Marquefs received his Inftruftions to the effed
following.
' "DEfbre you publilh the Declaration which We have figned, you
' ^ (hall require all the Council to fign it 5 and if you find that it
■• may conduce to Our Service, you (hall make all the Council fwear to
■• give their beft afliftance in the execution of the (ame , but this of
' puttingthcmto theirOaths, We leave to your di(cretion to do asyou
' (hall find occafion : But if you (hall find it fit to put them to their
' Oaths, thofe that refii(e, muft be difmififed the Council till Our fiir-
' thcr i-^leafure be known.
' We give you power tocau(e the Council to fit in what(bever place
' you fliall find moft convenient for Our Service, Edinburgh only ex-
' cepted, and to change the meeting thereof as often as occafion (hall
' require.
*You
>>^e . ;7 Ay
, Hamilton und
^%Juoril of ■^vcn and
WHoifc to his Ma^Ki'na
iafiiif ylLz-'^moftHon^.'']
=oft^e ,mo/i Noh/e Ui'dcr^ of
f^iiff^redjof his Loyahu i0^4.\
rnliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiMiiiiiiiiiiii'iiiiiiiiiiiiiiiiiiiili
-i
•m
Hijlorical Collections.
IM
'You may labour to prepare any of the Refraftory Perfons to con-
ceive aright of Our Declaration before it be publiftied, (b that it
be privately and underhand.
' Jf any Protcftation be Ynade againft Our Declaration, the Prote-
fters muft be reputed Rebels, and you are to labour to apprehend
the chiefeft of them.
' If Petitions be prefented, to demand further {atisfa(5lion than that
we have already given by Our Declaration, you are to receive them,
and to give them a bold Negative^ both in rcfpeft of the Matter and
the Form, as being prefented from a Body which you are no ways to
acknowledg.
' You muft admit of no Petition againft the five Articles of Pcrth^
but for the prefcnt you are not to prcls the exaft execution of
them.
' When-ever the Town of Edinburgh ftiall depart from the Cove^
f7avt^ and petition for Our Fdvour, We will, That you bring back
the Council and Scffion to it.
' All Afts of Council that enjoin the ufe of the New Service-BooJ{^
are to be fufpended, and to be of no force hereafter.
' You are to caulc infert fix weeks in Our Declaration for the deli-
very up of the Covcriant^ and if you find caufe^ Icfs.
' You ftiall declare. That if there be no fufficient Strength within
the Kingdom to force the Refractory to Obedience, Power ftiall
come from Evgland^ and that my Self will come in Perfbn with them,
being refolved to hazard my Ljfe, rather than to fuffer Authority to
be contemned.
' You may likewi(e declare, (if you find caufe) That as We never
did, (b by God's Grace We never will flop the courle of Juftice by
any private Direftions of Ours, but will leave Our Lords of Sefiion,
and other Judges, to adminifter Juftice, as they will be anfwerable
to God and Us.
' If you cannot (by the means prefcribed by Us) bring back the
Refradory and Seditious to due Obedience, We do not only give
you Authority, but command all HoftileAfts whatfoever to be ufed
againft them, they having deferved to be ufed no otherwife by Us
but as a Rebellious People : For the doing thereof, We will not
only {ave you harmlels, but account it as acceptable Service done
Us.
And on the loth of iShy he received his Commifiion as foUoweth.
c
Arolus Dci <©|i!tia Magnx Britanise, Francise, f Hibernix HcjC,
jfiticique Definfoj : ©mnibujs pjobis Ijonii'n(bu0 ftii0 ntr (11100
prcfcnte0 Ittccse per^citcrtnt, falutain g>ciati0 \m coiiftncrnntfiEi
ningno^ iit Ijoc EeeiiO iiofiroScotix non ita puDcm cj;o|to<3ttmmltii0,
an qiio0 quitiem coniponcntio0, nniIt(pl!C£0 33^Eo;i« itofftrse uoluntati0
ticclarat(onc<3 p?otntUn;ai!nttu£i, qiu^ tanicn nilno?cm fpc iwffra cfft
mun Ijurtcitu0 fo?tit.v fimt : (£t nunc ftatiieiitcis, cp pio crijit ficttim
antiquum Reijnuni noitrum af&aum,ut omnia gratiose fiabiliantin:
$ inftaureimir, quoa (per nijfcntiam noftram) non alia rations com^
moHiugi cffcci poteii, quam fiocli alquo Delegate coiiffittito, m po=
tcffatcm creticrc paiTiunus tumultu0 ciufinotJi confopicuni, aiinquc
officia pteftantii, qus \\\ bonum $ commomnn 5ictl antiqui Eegni
noltci
8 Curoli.
M.tj 10.
The King's
Comminion to
Marqucft Ha-
mtlton, under
tht Gtcat Seal
of England,
740
Hif/orical Collections,
noftri ciocm £)c(egato iioftro intpcrare 110610 DtUebitur : Cumq^fati'ss
coiupcrtimi {jaticnniujs obfcquiimi, ucligciitiam, (j firrcm piconrctt 110-
ffri confiiiiijiuiici % cottfiliarii Jacobi {i3arclji'oiii!5 Hamiltonii, ComtttiS
Arranix $ Cantabrigis, Dcmilll Avcn f Inherdail, &c. Ctlllbcmque aU
intpcrnta iioKra cjcequcnti.i fUiTicicnter iiiftrurtmn clTc : Jticirco fccifle
f conftituifir, tciiorcfiuc pjcfcntium faccre $ couftitticrc p?cfatum p'c-
Difemim iMriim coiifaiiffuiucum % conruiaciuni Jacobum ^arc^io-
itcm ne Hamiiton,&c. nofirum ComnitlTionaruim aneffrctum fubfcrip=
turn : Cum potfcftatc UiCtO Jacobo ^aitljiOlli He Hamilton,&c. Ufftum
Regiuim iioilnmi atjcunui, Jbiccmq^ P?cfato0 tiimultusi in Bicto Ern;
no conipom nni, nltaquc officia a iiobijs mm\ committentia in ciiti
Rcffni nofat bonuui ij toninioBuni M p^eflanni : Coqiie confilium no-
flrum qiiibtisi \m% ^ tniipo^itui; tx Uifum fuerit conijacaiilii, ac ra-
tionan f 0 tinicni in p,;cmifri0 crcqucnQi^ fcrliantium ncdarantst $ p?r-
fcrifacntsi : €t quxcimque alia an Csmnrifficnis intitis capita p,^o coni=
niidiiipfi fine crcqiicitra, eanncniqite aU aijfolutum fincm pecmiccn^
tiani , ct p^ofcQucnnani cciifarc polfunttam \\\ Ccnfilio quam cptra
Confsiitmi uofiro J^omine effincntsi $ p^effanm' \ Bqitc fimiiiter $ a-
Deo libcre ncfi BO0 in @)acrofauaa iHoIIra IJerfona i&itirni n5e!rc=
111110. €t !)ac pjcfcuti noftra aLomnnffianc tiurantc 5Sol!ro 'Brntpla-
cito nuratitra ac fcmpcc ct nonce canem pec no0 erp^cfle infjibeatni**
Jn cnjU0 ret teftiuionumi p?eientibu0 nian;num SnsiHmii noffrum ap-
poni p-ccepium0* aputi cafauni nonriim He vvindfore iiigefinio tiie
nienfi0 Mail, anno Dcniiiu milfefinio femntefinio trijyefimo ca-a\30,
et anno Reuni noftti Qeciuio quavta, ,
per giijnatuni mami %. D* B^Eeffio rup^afiriptimu
At the fame time thoie "^ifiops whoftayed in Scotland, fent up their
j Complaints and Grievances alio to fuch Bifhops of Scotland as were at
Court, to the efFed following.
Articles of Information to Mr. Andrew Learmouthywr my LordArch-
Bifiop of St. Andrews, the Biflop <>/Kofs, &c. And m their abfence
for ray Lord Arch-Bifiop ^/Canterbury his Grace.
The Birtiops
Articles ot In-
formation to
other Bifhops
at London.
I.' VT'OU (hall Qiew their Lorddiips how they have changed the
' X Moderator of the Preibytery of Edinburgh^ and are going
' on in changing all the Moderators in the Kingdom.
2. ' How they have abufed Dr. Ogllone the 9th of May in Edin-
'■ hurghj Mr. George Ha7inay stTorphichen the 6th of M.// 5 Dr. Lam-
'■Kiond at Marckjnch the ^th of May 5 Mr. Robert Edvpard at K-irk^
' michael, whom KdJ{er»i is forced to entertain at his ownHoufe.
g. ' That the Preibytery of Haddington have given Impofition of
' Hands to Mr. John Ker's Son to be his Colleague without the know-
' ledge of the Bilhop ^ and likwife the Preibytery o^ Kircaldy to Mr.
' John GilleJI<ys Son, to the Church of the Wcems-^ and the Prefbytery
' oi Ditmfriczc to one Mr. ^ohn Wyer to the Church oi Morton., within
'two miles o{ Drumlanerick^i, and that they of Dumfermling have ad-
' mitted Mr. Samuel Row ( a Minifter banidied from Ireland ) to be
' Helper to Mr. Henry <^acgill'^ and they of Aire Mr. Robert Blair to
I ' be Helper to Mr. William J^m/aftd'-, and that the Townof Dtimfrieze
have made choice of Mr. James Hamilton to be their Minifter i and
the
emt
ffiHMBM
Hifiorical Qollectioni.
1\9
' the Town of Kircudbright one Mr, John Macklannon , all of them
' baniQied from Ireland •■, and Mr. Samuel Rutherford is returned, and
' (etled in his Place ■■, and they intend to depofe Mr. John Trotter^ Mi-
' nifter ofDarlinton : and how they intended to ufc the Regents.
4. ' That the Council of Edinburgh have made choice of Mr.^/<?;f.
' Henderfon to be Helper to Mr. ^Andrerv Ramfey^ and intend to admit
' him without the Advice or Confent of the Bilhop.
5. ' That the Minifters of Edinburgh who have not (ublcribed the
' Ojvenant are daily reviled and curfed to their faces, and their Sti-
' pends are withheld, and not paid 5 and that all Minifters who have
' not lubfcribed, are in the (arae cale and condition with them.
5. * That they hound out ralcally Commons on Men who have not
* (ubfcribed the Covenant ; as Mr. Samuel Cock^urn did one John Shaw
' at Leith.
7. * That his Majefty would be pleafed by his Letter to difcharge
' the Bilhop o^ Edinburgh to pay any Prebends Fee to thofe who have
' (ublcribed the Covenant ; as alfo by his Royal Letter to difcharge the
' Lords of Seffion to grant any Procefi againft the Bifhop for their
' Fees.
8. ' That his Majefty would be plealed in the Articles of Agreement
' with the Nobility, to fee Honeft Men, who fliall happen in this Tu-
' multuous time to be depofed from their Places, reftored, and (etled in
' them 5 and others, that are violently thruft in, removed , and that
' the Wrongs done to them be repaired.
9. ' That if it ftiall happen his Majefty take any violent courfe for
' reprefling thefe Tumults and Diforders, (which God forbid ) that in
' that cafe their Lordftiips would be pleafed to fupplicate his Majefty
' that fome fpeedy courfe may be taken for fecuring the Perfbns of
' thofe Honeft Men who ftand for God and his Majefty.
Signed
Da. Edin,
Ja. Dumblanen.
Ja. Lifmoren.
Ja, Hannay.
Da. Mitchel.
Da. Fletcher.
The Marquefs having received his Injiructions and Commjfion, took
leave a few days after of the King 5 and his Majefty ordered him to
write often to Him, and tothe Arch-Biftiopof C4»/er/»;/ry, (being the
only Englifti Perfon entrufted with the Secrets of the Scotifti Affairs.)
Saturday May 26 the Marquefs began his Journey, and on the 5d
of J««e he arrive(^ at 'B^nr/^^j^, where the Earl ofRoxhrough met him,
who told him in what diforder all People were, and how fmall hopes
there remained of prevailing upon the Grounds he was to go on, for
that they would never give up the Covenant y that they would have
the Articles ofTerth abolilhed 5 Epifeopacy limited, Co that it ftiould
be little more than a Name. And if thefe things were not granted
them, and a General Aflembly and Parliament (uddenly called, they
would call an AftTerably themfelves before the great Crouds at Edin-
burgh were feattered. But the Marquefs refolved to go on, and try
what his Authority as High Commijfioner would do.
The Marquefs when he came to Barveick., expefted a great Ap-
pearance of Noblemen and others to attend him, as the King's High-
E e e e e Conf-
ix Caroli.
1 he Mar^juefs
takes leave ot
the King-
The Marquefs
arrives at
Bermci^.
Meets with ill
News of Dif-
couragcment.
75
O
Hislorical Collections,
x/;/. 1638.
Cowwrjjioner, to Hally-Rood Houfe at Edinburgh^ and efpccially his own
Kindred and Relations, Attendants and Vaflals^ but all failing, except
fome very few who had not fubfcribed the Covenant, and they incon-
fiderable : for the Tables of the Cove«at?ters required that none who
had taken the Covetiant fhould give any attendance upon the ^ur-
quefs : Yet when he came near Dalkeith^ he was Nobly and Honorably
received and conducted to Dalkeith by all the Secret Council, moft of
the Lords of the Seflion, who are the Judges of the Law, great Troops
of the Nobility and Gentry who had not fubfcribed their Cove-
nant.
A little after the Marquefs's arrival at Dalkeith^xht. Citizens o^ Edin-
burgh lent certain Commijjlotters vjnto him with a Supplication, That he
would be pleafed to repair to the Ring's Palace at Hally-Rood Houfe,
where they might more conveniently attend his Grace's Direftions. To
which the i^^arqnefs returned this Anfwer :
' That if they would undertake to be Mafters and Governours of
' their own City •-, that their Citizens would behave themfelves as good
' and dutiful Subjefts 5 and take Order that the Multitudes now pre-
' fent in their City, who called themfelves Covenanters, (hould do fotooj
' and that the Guards about the Caftle o^ Edinburgh (hould be diGnifled
' and difcharged, then he would within a day or two repair to the
' King's Palace at Hally-Kood Houfe, otherwife not : for that he did
' hold it not agreeable to the King's Honour, that he his Ma jefty's Com-
' mijfoner and (Council, (hould reiide at the faid Palace, which is fitua-
'ted at the one end of the City, when the Caftle (eated at the other
' end of the fame, (hould be blocked up with Guards. All which
the(e Commijjioners undertook to perform, and by their words defired
to approve themfelves moft loyal Subjefts, hoping to clear themfelves
from many Afperfions laid upon them, when his Grace would be plea-
fed to hear and examin their Proceedings.
Whereupon the Marquefs, according fD his Promifc, did remove
himfelf from Dalkeith to the King's Palace at Hallj-Rood Houfi, atten-
ded by all the Secret Council, abundance of Nobility, Gentry, and o-
thers, and about two or three miles from Edinburgh was met with the
whole Body of the Nobility and Gentry of the Covenanters then refi-
dent at Edinburgh, who were all mounted on Horfback, and confifted
of divers thoufands; and be(ides, at a nearer diftance from Edinburgh,
he was attended by Minifters on foot, confifting of many hundreds.
The 3iarquefs being (etled at Hallj-Rood Houfe, with the A(riftance
of the King's Council, he defired the Covenanters to difmifs their great
Multitudes, which accordingly they did. And then the two main Pro-
pofitions which he offered to their confideration were thefe.
Firft, What they Jlwuld expeCt to hear in the King's Name for accommo-
dating their Grievances,
Next, What might be expe6fed from them for returning to their former
Obedience, ejpecially in renouncing and delivering up their late Covenant.
Both which Propofitions they received : but nothing but a General
Aflembly and a Parliament would give fatisfaftion ; and thereupon
new Guards were clapt upon Editiburgh Caftle, and the Guards and
Watches of the City multiplied.
The Preachers advifed the People to take heed o^ crafty Propoftions^
and when the Af^r^tfej^defigned to go to the King's Chappcl to hear
Divine Service and Sermon at Hally-Rood Houfe, they fent him word
not
Hiftorical QoUections,
751
not 10 read the CllfjKflj <S)Cr\3iCC-15{DU, and nailed up the £»?ffaii0 5
and the Miuiftcrs Covenanters proceeded (b far, as to write a Letter to
theMarqucfs, and everyone of the Council, admonifhing them to
' fub(crib(j tlKir Covenant, which Letter followcth in thcfe words.
j May it pleale youi Lordiliip,
i \ 7" \ T^ ^^"^ MinrJJcrs of the Gojpel, convened at this fi tiecejfury a
I Y Y 77;//f, do p'nd Our felvcs bound to rcprcfent^ as unto all, Jo in
\j pedal unto \ our I.ordjhip^ rrhat comfortable experience We have of the
: rvonderfiil fwciir of God, upon the renewing of the Confeffion of Faith
j mid Covenant ^ ivhat Peace and Comfort hath filled the Hearts of all God's
j Pctpk 5 ivhat RefohitJons and Beginnings of Reformation of Manners are
\lcn(ib!)i perceived in all parts of the Kingdom^ above any M.eafure that ever
i Wc did pnd or could have expelled •■, hoTP great Glory the Lord hath rccei-
I ved thereby, and what confidence We have (if this Sitn-flnne be not eclipfed
\ by fome fin full Divifion or Defe&ion) that God Jliall make this a blejfed
I Kingdom, to tie contentment of the King's Majefiy, and joy of all his
i goodSubjecIs, according, is God hath promijed in his good Word, andper-
! formed to his People informer Times : ^nd therefore We are forced from
I Our Hearts, both to xvip and entreat your LordJl)ip to be Partaker and
Prom over of this Joy and Happinefs by your fubfcription^ when your Lord-
Jbip f)jll think it convenient. And in the mean while, that your Lord-
pip would not be fp^ring to give a free Tejiimony to the Truth, as a time-
ly and neceffary exprejjion of your tender AffeCtion to the Cauje of Chriji,
noiv culling fur help at your hands : Tour Lordjlnps profcjfion of the true
Religion as it ivM reformed in this Land, the National Oath of this King-
dom fundry times Jirorn and fubfcribed, obliging us who live at this
time--, the Duty of a good Patriot, the Office and Tn/fl of a Privy-Coun-
fellor 5 the prefent Emploiment to have place amongU thofe that are firjl
acquainted ivith his Majejlys Pleafure 3 the confideration that there is the
iime of trial of your Lordfiip's affe&ion to Religion ; the reJpeSl which your
Lordjhip hath unto your Fame both here and hereafter, when things JJjall be
recorded to Pojlerity •■, and the Remembrance, that not only the eyes of Men
and Angels are upon your LordJJjip's Catrrage, but alfo that the Lord Jefus
is a Jecrct Witnefs now to obfervc, and full be an open Judg hereafter to
reward and co7ifefs every Man before his Father, that confejfeth him before
Men : All of thcfe, and each of them, befides your Lordfjip's perjbnal
and particular Obligations to God, do call for no lefs at yottr Lordjljip's
hands^ ?« the caufe of fo great andfingular Necejftty. And we alfo do ex-
peEf fo much at this time, according as your Lordf)ip at the hour of Death
would Ic free of the Terror of God, and be refrefied with the comfortable
rcmcmlrance of a rvord fpoken in Jeafon for Chriji Jefus, King of Kings,
' and Lord of Lords.
The Marqucfs perceiving this violent Humour in the People, not
to hear of any Proclamations, unlels with the difcharge of the Service-
Boo k , and Book of Canons, £<c. durft not adventure to publiHi his
Majefty's Declaration, knowing it would be affronted with a Prote-
ftation 7 whereupon the Marquefs forbore the lame, and gave the
King an accornpt how he found things j letting the King know, That
he muft either refolve to yield to all their Demands, or haften down
his Fleet quick! y, with Land Souldiers in it 3 and to put Souldiers in-
Eecee 2 to
14 Carolr.
Hifiorical Collections,
7^
Ajt.i6'^S. Ito Bernvck^ and Carli/Ie, and to refblve to follow in Perfon with a
L.^^^v'''=5>J 1 Royal Army ^ yet withal moved his Majefty, That he would conlidcr
how far in his Wiidom he would connive at the madnc(s of his own
poor People, and how far in Juftice he would panilTi their Folly.
On the I ^th o^Juvc the Marque^ received an Anfwerfrom the King,
to the Account which he (cntto his Majefty from Bcrvcick^^ dated at
Greewiv/f/", [^ //well, to the efFeft following.
Hamilton,
Crprct itot inw 'dim canretjucctljat l^cople to ©bctsieitcc, lot
jfo^tc onip : ill tlje \\\u\\ time pour cacc uuiS tic Ijoiy to BiiToiXie
x\)t il^ulfttunei anti (ifit&epoffiMe) to polTcf^ pour fcif cf
UipCafliC^Of Edinburgh mitJ Sterling, (toijiii) 3! tJOllCt crprit)i ailU
to tW enu 3i ijitie pou Ican^ to flatter tijcni tuitlj toljat fjopejj pcu
p-cafe, fo vou cngaffe not me auaiiilt mp »j&>omit!0, mtiJ in particular,
tljntpou cbnfcntneitljer to tfje Calltno: cf l^arliament, no; (S;£neral
affcmblp, until tije Coijcnant be Difanolueti nnB ciuen up, pvur £f)iif
enu teino; nom to uxn time until % be reanp to fupp^ef^ tijenu
lout toijcn 31 confioer tljat not onlp notu mp Crotun, but mp Ecpu-
tation fo? tut W^ at S>tafee h 31 ntuft ratfjer fuffer tije firit, tljat time
tDillijflp, t{)anti()i0 lafl, W.z\) i0 irreparable. Ci)i0 3 ija^e toiittcn
to no otijer entJ, tfjau to fljcto pou, 3 teill rat!}er Hie tijan pielti to
tDofe impertiitent nnti namnable Demanc^ fas pou mW^ call tfjem)^
fi32 it i& alt one as to piclD to U no i^ing in a "ozxi fl30?t tmie. €)0
loifljinD; pou better fuccefs tljan 31 can expect, 31 teir.
Greenwich, June 1 1,
I 6 ^ 8.
"^mi aiTureu conflant ifrienB,
C. R.
The Rude Co
•venanters rai
again It the
Martiucr-.
POSTSCRIPT.
30 tlje affairs are itoto, 3! 5o itot erpctt tf)at pou fljoulD declare tlje
anijerersto tlje Cotjenant Traitors, until (as J Ijaije alreaupfaic)
pou l)a\ic ^earti from ^e tijat mp jriect Ijat!) Oct fail fo2 Scotland, t&u
Dour fir tueeUs fljoufij be elapfcD.^ 3n a ujojn, (Sain time ftp all tijc
Ijoneft means pou can, uiitljout fijjfafeino: pour t55jounD.&%
But all the Minifters hearing the Covenant muft be given up, or na
Treaty made, their Pulpits did ring with it, and all declared they
would never quit the Covevant but with their Lives. A Protcftation
was alio refolved on when-ever the Declaration lliould be publifliedi
which made it be delaied a little longer, and the Marqueis writ to the
King not to proceed in his Warlike Preparations till things were more
defperate. To which Letter, the Marqueis afterwards received this
Anfwer.
1. That he had gained a eonfiderahk Pointy in making the heady ALil-
titttde begin to dijj>erje.
2. That hevpiUtake his advice to jlay publick^ Preparations for Force^
hut in a filent way j but (by your leave^ faith the King } 1 will not leave
to prepare^ that I may be ready upon the leaji advert ifemcfit.
On
HifloYtcat Qollections.
753
On the \6th of Jum^ the CcvemMters came and prefented tlicir Pe-
tition to the Marqucfs, craving a prefent rcdrefs of their Grievances,
£ovthcji would be m longer put off hj dclajs t, and defired that he would
propofe the Mitter to the Council, and give them a fpeedy Anfvvcr.
To which the Marqueft replied, That he dtd refilve to call both an Af-
fetnbly and Parlianmit for the redrejs of all Grievances. They went
away no ways (atisficd with this Anfwer ; and tlie Marquels found all
the Lords of the Council inclined to the gnintinfi; of what the Cove-
nanters demanded t, fo that he durft call no Council about it, left they
(hould have tided with the C(?w«^«fcrj-, Of which he advertifed his
Majefty ; and that they prefled him to reprefent to his Majefty, That
the Covenant was not illegal 5 and that if his Majefty v/ould allow of
the Explanation of the Bond of <5liutual Defence^ which they offered,
that they meant not thereby to derogate any thing from the King's Authority
and fo all things might be fetled without more trouble, either to the
King or Country.
And as to the Explication of the Covenant^ this Draught followin'r
was made, by the Arch-Bilhop of St. Andrews.
WE the Noblemen^ Barons, Burgejfes, Minijlers^ and others, that
have joined in a late Bond or Covenant for the maintaining of the
true Religion and Purity of Gods Worfiip in this Kingdom, havin" un-
derstood that Our Soveraign Lord the King's Majejiy is with this Our
doing highly of ended, as if We thereby had ujiirped kis Majejiy s Authority,
andfiak^n off all Obedience to his <^ajejiy, and to his Laws: for clear-
ing Our felves of that Imputation, do hereby declare, and in the prefence
of God Almighty, folemnly proteji. That it did never fo much as enter
into Our thoughts, to derogate any thing from his <34ajejlys flower and
Authority Royal, or to dijobcy and rebel againji his ^ajejiy's Laws :
^nd that all Our proceedings hitherto by 'Petitioning, Rrotejling^ Cove-
nanting, and whatjoever other way, was and is only fer the maintuinina of
the true Religion by us profej/ed ^ and with exprefs refervation of Our Obe-
dience to his moft Sacred <CMajeJiy, moji humbly hefeeching his (Majefty
Jo to ejieem and accept ofZ)s,that he will be gracioufly pleafcd to call a Natio-
nal ^jfemhly and T^arliament for removing the Fears We have not without
caufe (as We thinks) conceived, of introducing in this Church another
form of Worjljip than what We have bin accujiomed with ; as likcwijc for
fatisfyingQur jujl Grievances, and the fetling of a conjiant and folid
Order to be k^pt in all time coming, as well in the Civil as Eccefiaftical
Government : Which if We fiall by the Inter cejjion of your Grace obtain
We faithfully promije (according to Our boundcn Duties) to continue in
his <^ajejlys Obedience,and at Our ntmoji Powers to procure the fame du-
ring Our Lives.
The Marqueft fent again a new Difpatch to the King, and gave his
Majefty a large account of the Explanation which was offered to that
Part of the Covenant, by which they were bound to (Mutual Defence,
and to which his Majefty wrote this following Anfwer.
Green*
1 4 Caroli.
rtrs declare
they will be no
lunger delaiedi
The Marqucfs
tears the
Council will
incline to the
Co'^inJnters ;
And informs
the King there-
of.
And of the
Explanation of
the CotfCnart-
ten. ,
The Explica-
tion.
754
Hijlorical Collect iom.
The fiibftincc
'of ihc King's
\ Esii'lanation-
The King gives
the Marque fs
leave to come
to Court, and
to bring with
him all their
Demands.
Greenwich, 150/ June, 165 8^
(^%> concerning tTjC (Srplanation of tljeir D.imnable Covenant,
)^ (iDfjetfjcr it beVDitlj oi witljout Crpianatton) 3 f)abc no nio?£:
ti)OlDer in Scotland, t^mt as a Duke of Venice^ Uiijif f) 2 mi
ratljer Hie tijan fiiffer : l^et 3! comment! tlje ijiDino: cnc to tlje €rp!a=
nation, q anp tljinix eifc to toin time, toljiclj no\u 3 fee is one of pour
clbicfeft Cares, toljcrr fo?e Ji neco not re commcnti it to pciu ^m fo?
tljeir callinn; a 13)arliamcnt, o? affemblp, ujitijout ^r, 3 fljoulu not
muci) be to?rv, fo? it toouin tije mo?e loutilp neclare tljera Crattxizs,
anu tljc more niffifp ^v Actions t 'Cijetefojc in ^^ minn, ^p De-
claration toouUj not be long bclaieo ; but tfjiS is a bare ©pinion, an:o
no Commanu*
The Marquefi threatned the Covenarncrs to leave them, and would
beg liberty of the King for leave to wait on his Majefty with their
Defires, and return them an anfwer within three Weeks or a Month :
But the true Reafon that moved him to deiire Permillion to go up,
was that thereby he (hould gain fo much time, and fee in what for-
wardneis the Ring's Preparations were ; but chiefly to try what he
could prevail about eftablilhing the Confejfiot? ofFaith^ which had paG
fed in Parliament 1567, hoping that it might give full (atisfaftion to
all, that there fliould be no Innovation in Religion.
And accordingly the King, by his Letter dated at Greewn'/rA the 29//;
of Jufie, gives him leave to come up, and to bring with him all the
Demands of the Covetiatiters^ whereby to gain more time ^ and ad-
vifed him not to mediate for any thing that is againft his Grounds,
and that no more Subicriptions be urged upon any, eipecially of the
Council or Seffion.
Before the Marquels took Journey, he did on the 4/A of Jidy^ pre-
ient the King's Declaration to the Council, and got it figned by them
all : And an Ad paflcd, That the Subjefts ought to reft fatisfied with
it, and was immediately ient to the Market-Crofs and Proclaimed ;
but notwithftanding it met with a Proteftation 5 which Declaration
and Proteftation foUoweth.
Greenwich, June 1%, the King's Declaration.
QHA%^L £5 by the Grace of God, King of Scotland, Eng-
land, France, and Ireland, Defender of the Faith. To Our
Lovits, Heralds, Meflengers, Our Sheriffs in that Part con-
jundlyand feverally, fpecially conftitute, greeting.
] The King pio-
j mife:h to call
j a free Aflem-
bly,and a Par-
liament, and
difLharge all
Acts ot Coun-
cil concerning
the Ser\'Kt-
I B'Ji.i;.
FOiasmeifele as Uk are not iijno.'ant of tftc great Difo?licrs toM
Ijabe Ijapiteu of late itt»it&int()is €)ur ancient i^inguoni of Scotkuid^
occafioncti, as iS p^enneu, upon tbe introuuaion cf tbe Service-
Book, TSOOU Of Canons, nntJ High-Commiliion, fcarillQ: t^tltb^ Jn-
nobation of Ecligion anti lams* JF0.2 fatisfaction of ti)l)i[b lears,
^le m\i bopeb tftat tbe ttoo proclamations of tU elcbentf) ofl
December,^
Hiflorical Collections.
755
December, atiH tf)c nineteenth Of February, Ijau bin nluintinntlp fuf=
ficient* iQe^ertlje(ef0 finninrj tljat rifoiUergi fjaijc o.iilv O3 incrca^
fet!, tljat a pouierfiii ratljct tljan a petfuiafiuc uiap, miryljt Ijatje bin
rufHp crpertcD ftom 210 5 pet CcUc ont of {Due innatiuc intiiil
aence to Our people, grieninn; to fee tljem run tfjemfelijejj fo fjeao
lonn; into ruin, are graciouflp pleafeo to trp if faj) a fair luap ilBe can
reclaim t&em from tfteir ifauit^, rather t&an to fet tfjem'perifl) in
tl}t fame 5 antJ tljercfcrc onee fo? all die IjaDe tljougftt fit to tialare,
aiiD 'jerebp to affure ail Our gootJ people, tljat die neitljer tuere,are,
mi bj) tije (S??acc cf ©on etier fljall be ffaineo UJitD Popifli Superfti-
tion 5 but \y^ tlje contrary, arc refoiueti to maintain tlje tnie p?ote=
ffant l\e[i0ion, alreatiy pjofefien toitljin tljig Our i^ncient Jt^inffUom,
^m fo? ftirtljer clearma; of @)cruplc0, OLle tio berebp afllirc all ^m,
Cbat die UiiUneitber noui,no?5ereafter,p?ef0 tijcpiacficc of tijcScr-
vicc-Book, 0? x\)z fO;efain Canons, no| an? tbing of tbat nature, \Mt
in fucb a fair anii legal toap ais fljall fatisfp all Our lobinij ^ub|ect0,
Cljat die neitljer intenn Inno^jations in Eeliffion 0? Iatu0 5 ann to
tbisf effect babe jyiben o^ner to nifcbargc all act0 of Coiuicil tberc=
aitent. ano fo? tlje High-Commiffion, die fljall fo rectify it, toitb tbe
belp ann anbicc cf Our p2iiipCouncil,tbat it fljall neber impiuTu tlje
lattj0, no? be a juft ©ncbance to Our lopal ^ubicct^ ^ ann uiijat i0
fiirtljer fittinn; to be agitaten \\\ General aflemblie^ ann parliament,
fo? tbe (Sooti anti peace of tije lAirk, aun peaceable c^obernment of
tbe fame, ineflablifljiuff of tbe Eeligion piefcntlp p^ofcfleti, fljall \\\{z--
Uiife be taken into Our Eoial Confineration, in a free aiTemblp ann
parliament, Wi\) fljall be intiicteti aim calleb Uiitb Our befl conbeni^
encc : ann die berebj) take >55orj to Cillitnef^, Cbat Our true mean-
ing anti intention i0, 5r:?ot to atimit of anp Jnnobation^, eitber in
Religion 0? lLato0, btit carefullp to maintain tbe puritp of Ecligion
alreabp p?ofcfleti ann efiablifljeti, ann no ti)aj?0 to fufler Our lauj0 to
be infrtngeb. ann tbougb die cannot be igno?ant, tbat tbere map
be fome bifafFcctcti perfbn0, tobo Ml flribe to pollef0 tlyt l)zm^ of
Our goob €)UbfCft0, tbat tbi0 Our @?aciou0 Declaration i0 not to
be regarbeb h pet die bo erpcft tbat tbe bebabiour of all Our (j5oob
anb lopal Sitbiect0 b3ill be fucb, a0 map gibe teflimonp of tbeir
Obebience, ann boui fenfible tljep are of Our (©?a£c ann jrabour,tbat
tbu0 pafletb ober tbeir $^i0nemeanour0, ann \^ tbeir ftiture carriage
make appear, tbat it \Ba0 onlp fear of Jnnobation tbat batb caufcn
tbe Difo?ner0 tobicb babe bapncn of late toltbin tbi0 Our ancient
l^ingnom, ann arc confinent tbat tbep bJill not fuffer tbemfelbe0 to be
ftbucen ann tuiflen, to mifconflntc 00 0? Our acnon0, but refl bear=
ti(p fatisficntoftb Our Picu0 ann Eeal 3ntention0, fo? maintenance
cf €ruc Ecligion $ lLaU)0 of tbi0 tAingbom* dlberefojc die require,
annijeartilp tnifbafl Our goon people carefullpto abbert to tbcfe ban=
gerou0 g>uggcftion0, ann not to permit tbemtelbc0 blinnip, miner
p?etertof Eeligion, to be len in Difobcniatce, ann nwtu on infinitely,
to Our grief, tbeir otoii Euin, tubicb die babe aim flill fljall flribe to
fabc tbem from, fo long a0 \ne fee not Eopal autb02itp fljaken off ^
ann moft untniiiinglp (ball make ulc of tbat poioer tubicb «©on batb
ennuena0 toitb, foi reclaiming of niCobcnient people.
Per Regem.
14 C avoir.
The
»
756 1
tiifiorkal CoUections.
An. 1638.
Proteftaticn
agiinlt tlie
King's Decla-
ration, dated
y«n.i8. 1638.
The PROTESTATION of the Noblemen^ "Barons, Gentlemn,
T^urroTPs, Mifii^iers, and Commons, d^c.
'■TTTEE Nohlemen^Barons, Gentlemen, Burrcrvs, Miniffers 2nd Com-
' V V ff/ons. That whereas We his Majefty's true and loyal Subjefts,
' who have ever efteemed it our greateft happinels to live under a
' Religious and Righteous King, and our greateft Glory to teftify our
' beft AfFeftions to our gracious Sovereign, have been in his Majefty's
' abfence from his Native Kingdom heavily prejjed for a long time paft,
' and elpecially of late, with divers Innovations, which both in them-
' felves, and in the way wherein they have been urged, do manifeft-
' ly tend to the prejudice of the King's Honour, and of our Religion,
' Laws and Liberties ; And by which We have been brought to fuch
' extremity, that there was no way left betwixt the Rock of Excommu-
' nication, and the high pain of "Rebellion on the one part, and the
' dejperate danger of for(aking the Way of True Religion, and the breach
' ofo»r Covenant with God on the other, but to prefent our Cafe, and
' prefent our Supplications to the Lords of Secret Council, that being
' equally pondered by them, they might either be anfvvered by them-
' felves,or b)^ their Recommendation might afcend to his Majefty'sown
' CoTifideration : And therefore We did in all humble manner to this
' effedt fupplicate their Lordfhips. We were not willing ( for the mo-
' deft following of our Supplications ) to obey their Diredions in
' choofing Commiffioners for the great number of Supplicants, who
' flocked together from all parts of the Kingdom j were careful to or-
' der our felves in all quiet and Chriftian carriage, and againft the ma-
' ny and tedioiis delays did wait for a long time with very great Pa-
' tience, till at laft they were pleafed to receive our Supplications,
' Complaints and Bills ^ and conceiving them to contain weightier
' matters then could by themfelves be determined, they did promife
' and undertake to reprefent and recommend the fame, according to
' their more than ordinary importance, unto his Majefty's Royal Con-
' fideration, and to report his Majefty's Anrwcf.
' While hisMajefty's good Sub jefts of all ranks throughout the whole
' Kingdom, had their minds weakned, and their hearts filled with the
' expeftation o^ 2. gracious andfifisfaolorj Anfwer, worthy his Majefty's
' pious and equitable DifpoHtion , in the month o^ February laft,incon-
'tinent a rumour flies through the Country, and fills all Ears, That the
' Lords of his Majefty's Secret Council were commanded to make fuch
' a Proclamation concerning the Service-Booli , Book of Canons, and
'the Peaceable Meetings of his Majefty's good Subjed^is in time coming,
* as we were perfwaded to have been procured by the fecret working,
' and malignant mifinformation of our Adverfaries, fcekingfbr their
•^ own private ends, without refpeft to his Majefty's Honour, and
' welfare of this Kirk and Kingdom, to ftop the courfe of our legal
* Proceedings, and to cfcape their own due Cenlure ^ and therefore in-
' tending to make known to the Lords of the Secret Council, what was
'noifed concerning the Proclamation, how far the whole Kingdom had
'been by fome finiftrous milinformation fruftrate of their hopes, and
' their conftant defire to have fbme courfe taken by their Lordlbips Ad-
vice, how his Ma jefty being further informed, might deliver his good
Sub jefts from fb great Greivances and Fears,and eftablifh a fure Peace
in
Hiftorical Collections.
757
' in this Country for the time to come : we found our iclves tied by
' order of Law, to decline thofe againft whom we had made our
' Complaint, unlefs we would admit our Judges to be parties j and
'in cafe our Declinator ftiould not be accepted, we behoved to
' proteft that we might have immediate recourfc to the King him-
felf &c.
' Thereafter, in the mohth of March, finding by the aforefaid Pro-
clamation the Innovations fiipplicated againft were approven, our
lawful Proceedings condemned, our moft ncceflary Meetings prohihit-
' ed^ there being no other way left unto us, we were neceflitated to
' renew the National Covenant of this Kirk and Kingdom, thereby to
* reconcile us to God, provoked to wrath againft us, by the breach
'of his Covenant within this Land, to clear our Sovereign's mind
' from ill jealbufies and lulpicions, arifing from ourAdverfaries mif in-
' formations of our intentions and carriage, and fo to make way for his
' acceptance df ofuf huirible Silpplications, and grant of {heir lawful
remedies, to guard this Land in defence of Religion, Authority, and
' Liberty, againft inward divifion,and external violences. And that our
' adions might be anfwerable to our holy Profeffion, Wc afterwards
' drew up an hximble Supplication, containing our Greivdnces, and de-
' fires of the ordinary remedies thereof^ to have been delivered to the
' King himfelf ; Jn the mean time,we were directed by thofc, who were
' intrufted by his Majefty, to attend his Declaration here in Scotland,
' which would free us from all fears of Innovations of Religion, and
' prove (atisfaftory. And left for want of ffue information of our juft
' Grievances and Defires, it ihould fall out otherWife, We exprefled to
' them with the greateft modefty we could, our Defires in fome few
^Articles, and with great patience have attended his Majefty's Plea-
' fure thereanent 5 and all this Month by-gone being frequently con-
' vened to hear the fame delivered by his Majefty's Commijjidner, the
' Right Noble Loxd,Jaf»es Marqucfs o^ Hamilton, d^c. We prefented a
' new Petition td his Grace, as his Majefty's Commiffionef , craving
' moft' humbly the ipdi&ion of an .Ajfembly and 'parliament, as the only
' Rernedies thereof. Like-as finding a Mifinfofmation or mijiakf of
' our Covenant with God, as if it had been an nnUvpful Comlination,
' to be the main hindrance of obtaining our Defires in a nerv Supplica-
' tion. We have fully removed that Impediment, renewed our Defires
' ofthoihfitpreme Judicatories, to be indifted with diligence for letling
' of the Kirk and Kingdom 5 but being onty anftvered with delays after
' thefe nine months attendance, and with this 'Proclamation, that con-
'tainedhis Majefty's Declarations of his Pious Intentions, not to admit
' any Innovations in Religion or L(n»J,nor any ftain of Popifl) Strperjiition-j
'but oh the contrary, to be refolved to maintain the true Chrifhan Reli-
'-gion profeffed in this Kingdom j which We were ever fo far from
' calling into qucftion, as in oiar Supplications, Complaints and Bills,
' We ufed the (ame as one caufe of out* Defires, one ground of
' our Confidence of a gracious Anfwer, and Argument of our ^dverfa-
' ries malignant Mifinformation of fo Religious a King, and now nioft
'' humbly (on bended Knees and boveed Hearts) thank our gracious So-
vereign for the (ame, wilhing and praying the Lord of Heaven tru-
ly and fuUy to inform his Majefty how far thefe Books, Judicatories,
and all our other Evils and Grievances, are full o£ Idolatrout Snperjii-
tions and Popifi JErr^^rj, deftruitive of the Reformation of Religion in
F ff ff this
14 Caroli.
758
Hifiorical Collections.
King-
• this Land, and of the Laws and Liberties of this Church and
' dom, and fo direftly contrary to his Majefty's Pious Intention and
' Declaration : Yet feeing that no Trocbmuticn could fufficiently re-
' move the prefent Evils, nor fettle our Fears, nor fecurc us from the re-
' efitrj ofajiyEvH or Innovation^ which it (eemed to difcharge, orpre-
' vent the like in time coming, nor (atisfy our humble Supplications,
' craving the IndiSion of a free ^Affemhly and ^Parliament, as the only
' Remedies of our Evils, and means to prevent the like. And feeing
' this Proclamation doth not fo much as make mention, or acknow-
' ledg any of our Supplications,Complaints and Grievances, or any juft
' caule thereof^ except under the name of the great increafe of Difor-
' ders, Faults and Mifdemeanors, but only our Fears of fome future
' Innovation of Religion or Laws, occafioned only ( as is pretended)
' by the Introdudlion of the Service-Book, , Book oi Canons, and High-
' Commijfion i which Fears his Majefty hoped to iiave been abundantly
' and fufficiently fatisfied by his two former Proclamations, of the 9th
' of December^ and the 19th of February, and by this his prefent De-
' claration, unlefs his Subjefts be (under pretext of Religion) blindly.
' led unto Difcbedience, doth misk^n, pafs over, and lb in efFeft deny
' all our Supplications, Bills, Articles, and Deiires, efpecially our Com-
^ plaints again ^ tie Prelats our Parties. And that once for all, in a f\ir
' and perfuafive way, even after the receipt of our laft Supplication,
' clearing us from the Calumny of Jinlaippfnl Combination, doth not dif-.
'allow nor d\\c\\7ixgtzny o^tixt Innovations and Evils complained up-
' on, but only aflureth that his Majefty will not prefs their practice
' but in (uch a fair and legal way as (hall fatisfy his Subjects of his In-
' tentions 5 which ( joined with the oth^r claufe, allomng and con-
'■ firming the Proclamation of the i^th of February ) cvidenceth the liber-
'ty left to any Prelat or Perfbns to praftife the fame , and by all other
' fair ways to perfwade others thereunto •-, and his Majefty 's Rcfolu-
' tion to prefs their pradtice in a fair and legal way, and alfb con-
' firmeth the former Declaration, that the Servive-Bookys a ready mean
' to maintain the true Religion already profefl'ed, and to beat out all
' Superftition, and no ways to be contrary to the Law of this King-
' dom, but to be compiled and approved for the univerfal ufe and
' edification of all his Majefty 's Subjeds •-, doth not abolifh, but pro-
' mifeth to reftify the High-ConiMijjion, with the Advice of his Privy-
' Council, implying the Kings Power, with confent of his Council, to
' eftablifh this or any Judicatory within this Kingdom, without confent
' of the three EJiates convenedTarhament, contrary to the fundamental
' and exprefs Laws thereof; and by confequent with the like Rcafbn,
' to cftablilli Laws and Service-Books without confent of the ^jfemhly
' and ^Parliament i, which is contrary to the main ground of our Sup-
'■ plications againft the manner of their introduftion , doth only pro-
' mife to take into his Confideration in an Affembly and Parliament,
•• which fhall be called at his beft convenience, while, as the evident
' and urgent neceility for fetling the Combu^ions, threatning the total
' dillolution and defblation of this Church and State, excufeth Our in-
' ceilant and importunate calling for thefe prefent Remedies; doth intl-
' nuate the continuance and execution of any pretended Laws for thefe
' Innovations in Worfhip, and Corruptions of Church-Government,
' and Civil Places of Church-men, which by our Covenant we have ob-
' liged Our felves to forbear , and the reftablifhment of thefe Evils in
an
Hijlorical Collections,
I 759
' an Affembly and Parliament which he will call in his beft conveni-
' ency, to wit, for that end, and fatisfying of his Subjefts Judgments
' anent the Service-Book^ and Book of Canons^ doth condemn our for-
' mer Proceedings, even our fupplicating^ complainings prote^iing^ and
'■fithfcnbing of our Covenant^ together with our continual Meetings,
' as great Diforders, increafe of great Diforders, deftrving juftly a
' powerful rather than a perfwafive way j a running headlong into
' Ruin '-, a perifhing in our Faults 5 a blind Difobedience under pre-
' text of Religion; and doth threaten and denounce, now once for all,
* if We be not heartily fatisfied, and give teftimony of our Obedience
' after this Declaration, but continue, as by our former Proceedings,
' to draw on our own Ruin, that although unwillingly, he muft make
' u(e of that Power which God hath endued hira with, for reclaiming
* fo dilbbedient People.
' Therefore We in our own Name, and in the Name of all who will
' adhere to the ConfeJJion of Faith, and Reformation of T^eligion within
' this Land, are forced and compelled out of our bounden Duty to
' God, Native Country, our King, our Selves, and our Pofterity, left
' our Silence (hould be prejudicial to fo important a Cauie,as concerns
' God's Glory and Worfliip, our Religion and Salvation, the Laws
' and Liberties of the Church and Kingdom, or derogatory to our for-
' mer Supplications, Complaints, Proteftations, Articles, and Proceed-
* ings, or unanfwerable to our folemn Oath of our National Covenant
' with God, to declare before God and Man, and to proteft,
' Primo, That we do and will conftantly adhere, according to our
' Vocation and Power, to the faid Reformation in Doftrine, u(e of
' Sacraments, and Difcipline, and that notwithftanding of any Innova-
' tions introduced therein either of old or late.
' Secundo, We Proteft we adhere to the Greivances, Supplications,
' and Proteftations, given in at Affemblies and Parliaments, to our
' late Supplications, Complaints, Proteftations, and other lawful Pro-
' ceedings againft the (amc, and particularly againft the Service- Book^,
' and Boo/i of Canons, as main Innovations of Religion and Laws,
' and full of Popifti Superftition, and fo diredtly contrary to the King's
' Declaration, and againft the High Commijjion, as a Judicatory efta-
' bliflied contrary to the Laws and Liberties of this Church and King-
' dom, and deftruftive of other lawful Judicatories, which both in re -
' fpeft of the nature of it, and manner of Introdudtion, without con-
' fent of the three Eftates in Parliament, cannot any ways be redified,
' but abfolutely dilcharged.
' Tertio, We proteft that we adhere with our Hearts to our Oath
'and Subfcription of the ConfeJJion of Faith, the folemn Covenant be-
' twixt God, this Church and Kingdom, and the particular Claules
' therein exprefled and generally contained ^ and to Our laft Articles
' for the Peace of this Kirk and Kingdom, drawn out of it, and to all
' the matters therein contained, and manner therein of Remedy de-
' fired.
'■^arto. We proteft that this Proclamation,or Adtof Council,or any
' other Aft or Proclamation, or Declaration, or Ratiiication thereof,
' by Subrcription,or Aft, or Letter, or any other manner of way what-
' foever , or any Precondemnation of our Caufe or Carriage, before the
' (ame be lawfully heard and tried in the Supreme Judicatories of this
' Kirk and Kingdom, the only proper Judges to National Caufcs and
Fffff2 Pro-
l^ Carol/,
qGo
Hi^orkal Collections,
1
Afi. 1638.
' Proceedings, or any Certification or Threatning therein denounced,
' fliall be no way prejudicial to the Confejfion of Faith^Laws and Liber-
' ties of this Kingdom, nor to our Supplications, Proteftations, Com-
' plaints. Articles, lawful Meetings, Proceedings, Purfuits, Mutual
' Defences, nor to our Perfons or Eftates ; and (hall be no way dif-
' graceful, either in Reality or Opinion, at Home or Abroad, to Us
' or any of Us. But on the contrary, any Letter, or Ad, or Sub-
' (cription of the Council, carrying the approbation of the Declara- 1
' tion, and condemnation of our Proceedings, wdiSa Caufa^ is and
^ ought to be reputed and efteemed unjuft, illegal, and null, as here
' before God and Man we offer to clear, and to verify both the juft-
' nefs of our Caufeand Carriage, and the injuftice of luch Ads againft
' Us, in the face of the firft General Afferably of the Church and Par-
' liament of Eftates , unto whom, with all Solemnities requifite. We
' do publickly appeal.
* G^itito^ We proteft, That feeing Our former Supplications, laft
' Articles, and Our lafl Defire and Petition to his Majefty'sCommiflio-
' ner, which petitioned for a prefent Indidion of a free General Af^
' fembly and Parliament, according to the Law and Cuftom of all
' Nations, and of this Nation in the like cafe, to hear the Delire, eafe
' the Grievances, and fettle the Fears of the Body of the Church and
'• Kingdom, are thus delaied, and in effed refufed : To wit, once for
' all, till his Majcfty's conveniency for the end contained in this Pro-
' clamation, that We continue by thefe Prefents to fupplicate his Ma-
' jefly again and again for granting the fame 5 and whatfbever trou-
' ble or inconvenicncy fall out in this Land in the mean time, for
' want of thefe ordinary Remedies, and by the pradice of any of
' thefe Innovations and Evils, contrary to our Supplications, Articles,
' and Confeflion, it be not imputed unto Us, who moft humbly beg
' thefe lawful Remedies 5 but alfb that it is, and fhall be lawful unto
' Us to defend and maintain the Religion, Laws and Liberties of this
' Kingdom, the King's Authority in defence thereof, and every one
' of Us one another, in that Caufe, of maintaining the Religion, and
' the King's aforefaid Authority, according to our Power, Vocation,
' and Covenant, with Our beft Counfel, Bodies, Lives, Means, and
' whole Strength, againft all Perfbns whatfoever, and againft all ex-
' ternal and internal Invafion menaced in this Proclamation, like-as
' that in the great exigency of the Church, neceflitating the ufe of
'the ordinary and lawful Remedies, for fetling the Commotion there-
' of 5 it is and fhall be leathfbme unto Us to appoint, hold, and ufe
' the ordinary means. Our lawful Meetings and Ailemblies of the
' Church, agreeable to the Laws of God, and pradice of the Primi-
' tive Times of the Church, the Ads of the General Aflemblies and
* Parliaments, and the Example of Our worthy Reformers in the like
' cafe.
' Sexto^ We proteft. That Our former Supplications, Complaints,
' Proteftations, Confeliions, Meetings, Proceedings, and mutual De-
' fences of one another in this Caufe, as they are and were in them-
' themfelves moft neceflary, and orderly means, agreeable to the Laws
'and pradice of this Church and Kingdom, and in no wife to beftiled
' or accounted great Diforders, Mifdemeanours, blind Difbbedience,
' under pretext of Religion, and running headlong into ruin, &c.
' ft) they proceeded only from Confcience of Duty to God, Our
'King,
Hiflorical Collections.
761
King, Native Country, and our Pofterity ; and do tend to no
other end, but to the prefervation of the true Reformed Religion,
the ConfelTion of Faith, Laws and Liberties of this his Majefty's
moft Ancient Kingdom, and of his Majefty's Authority in defence
thereof, and (atisfaftion of Our humble Defires, contained in Our
Supplications, Complaints, and Articles ^ unto the which we adhere
again and again, as We would efchew the Curfe of Almighty God,
following the breach of his Covenant 5 and yet We do certainly ex-
peft, according to the King's Majefty's accuftomed Goodnefs and
Juftice, that his Sacred Majefty, after a true information of the Ju-
ftice of our Caufe and Carriage, will prefendy indid thele ordinary
Remedies of a Free Aflembly and Parliament, to Our juft Supplica-
tions, Complaints, and Articles, which may be expefted, and uied
to be granted, from fo juft and gracious a King, towards moft loial
and dutiful Subjects, calling for Redre(s of fo preffing Grievances ;
and praying heartily that his Majefty may long and profperoufly
raign over us.
Before the Marquee's departure, the Covenanters yielded to an Ex-
plication of their Covenant, by way of Supplication, as followeth.
To His SMajejlys Qofiimifftoner :
The Supplication of the Noblemen, Barons, Burgefles,
Miniftcrs, and Commons, here attending his Majefty's
Gracious Anfwer of Our former Petitions, Complaints,
and Defires.
Humbly p;emthj
THat whereas We expe&mg from your Grace, as his Majefty s Com-
mijfioner, a gracious A/tfiver of Our firmer SMpplkations^Coffiplaints,
and juft Defires^ have prefented to your Grace a Petition, htmbly craving
a free Affemhly and Parliament, as the ordinary Remedy of our Grievan-
ces, and the only means to put this Kirk^ and Kingdom to c/uietnef. It
f leafed your Grace to fierv, that his Majefty, from his princely care of this
Kirk and Kingdom, would be moft willing to indiB a free General Af-
femhly, and call a Parliament, for thofe good Ends, but that your Grace,
as his Majefty's CommiJJJoner, hath conceived //>c Confeflion of Faith and
Covenant, lately renewed by us his Majefty's Subje&s, to he an unlawful
Combination again ft Authority, thereby to caft off Our dutiful Obedience,
and not a Covenant for maintaining of True Religion, of his Majefty's
Perfon and Authority, and of the Laws and Liberties of the Kingdom.
And we being moft willing to remove that, as the main hinderance of the ob-
taining of Our Deftres therefore, and for clearing our Loyalty, and vindi-
cating our Selves from Jo great an Imputation, We do now in all humility
remonftrate to your Grace, as his Majefty's Commijjioner, and declare be-
fore God and Men, That we are heartily grieved and ferry that any good
Man, but moft of all Our dread Soveraign Jlwuld fo conceive of Our do-
ing. And that We were, and ftill are fo far from any thought of with-
drawing our Selves from our dutiful Suhje&ion and Obedience to his Maje-
fty's Government •■) which by the defcent, and under the Raign of 107
Kings,
I^Caroli.
76:
Hijlorical CoUections.
YiwQs, is f»oJi chearfiiUy ackpovoledged by Vs and Our Predeccfors^ that
We Mver had nor have any intention to dejire to attempt any thing that may
turn to the dijljonour of God, or the dimintttion of the King's Greatnejs
and AHtharHy. But on the contrary. We acknarvkdg our ^ietneji] Sta-
hility, and Happinef, to depend upon the fafety of the Kings Majejiy, as
upon God's Vicegerent, fet over Vs for maintenance of Religion, and mi-
niftration of J«fiice, have folemnly fworn, not only Our mutual Concur-
rance and Jjjiiiance for the Caufe of Religion, hut alfo to the utmost of Our
Porver with our Means and Lives, to Jiand to the defence of Our dread So^
veraign the King's MajeUy, his Perfon and Authority, in the prefer-va-
tion and defence of the True Religion, Liberties, and Laws of the King,
dom. And therefore We his Maje0ys Loyal Subje&s, free from that and
all other Imputations of that kind, moji humbly bcfeech your Grace to
efteem, That our Confeffion of Faith and Covenant to have bin intended,
and to the largeji tefiimony of our Fidelity to God, and loyalty to our King,
and that hinderance being removed, mu!i fiill fupplicate that your Grace
■would be pleafed to indiif a free General Ajfembly and Parliament, which
will undoubtedly redref all our Evil, fettle the Peace of the Kirk^ and
Kingdom, and promre that chearfulnef of Obedience which ought to be
rendredtohis Majejiy, carrying wit hit the ojfer of our Fortunes and beB
\ Endeavours for his Majeliys Honour and Happinefs, as a real teliimony
of our Thankfulnefs, and our hearty Prayers to God, that his Majeliy may
long and profieroujly raign over w.
At this time Marquefs Hamilton told the Covenanters, That he had
no Authority to indift an Affcmbly, unlefs fome Particulars were a-
greed upon, both concerning the Conftitution of the Affembly, and
the prefent fetling the Peace of the Kingdom f, and delivered the Per-
ticulars of the Ring's Demands to the chief Lords of the Covenanters
in ten Articles, which they utterly difliked ; and then the Marquefs
afterwards reduced them to thefe two, viz.
1. ' If the Lords and the reft will undertake for themfelves and the
• reft, that no Laicks (hall have Voices in chufing the Minifters to be
■ fent from the feveral Prelbyteries to the General AfTerably, nor none
• elfe but the Minifters of the fame Prefbytery.
2. 'If thev will undertake that at the Aflembly they (liall not go
' about to determine of things eftablilhed by Aft of Parliament, other-
' wife than by Remonftrance or Petition to the Parliament, leaving the
' determining of Things Ecclcfiaftical to the General Aflembly, and
' things fetlcd by Aft of Parhament to the Parliament, then I will
' prefently indift a General Aflembly, and promife, upon my Honour,
' immediately after the Aflembly, to indift a Parliament, which (hall
' Cognofce of all their Complaints.
This highly difpleafed the Heads of the Covenanters, who began pre-
fently to think of the Eleftion of Commiflioners for the General Af-
fembly. But the Marquefs told them, That if they did proceed to the
Eleftion of any Commiflioners for the Aflembly before his return, he
would not go his Journy at all, but leave them to their own ways*
At laft having confiilted with their Tables, they agreed that the Ele-
ftion of CommifTioners fliould be delaied until his return.
The Marquefi by his Induflry had got fbme of the Privy-Couneil, '
who were not fatisfied with the Declaration, to be abfent from the I
Council \
Hiflorkal QoUections.
7^3
the Dtcl.iiati
on, do retract
ilic fame.
The Marqiiefs
moves thcKing
to renew the
Cor.fejjion of
faith.
Council that day ^ but divers of thofe who had figned the Ac% That 14 Caroli.
Subjdis ought to refi fatisfied with the Declaration^ came afterwards to I *• -^^ ^-
him, tfllinghim, That upon fecond thoughts, they found they had Council who
wrcngcd tl.eir Confcia7ces^ therefore they defired he would call a New '^'"'"'^'"'f'' to
Council, that they might rctraft what they had done , and (aid plain-
ly. If he called not a Council, they would find another way to make
their Rctraftation to be known, and that was, to Jtibfrribe the Cove-
nant. The Marquefs imparting this to the whole Council apart, found
that three parts in four would immediately fall off, if he gave them
hot fitisEidion 5 and judging that fuch a vifible breach in the Council
would ruin the King's Affairs, and the Aft (b figned not bein* R.egi-
ftrcd, but only Subscribed, bethought it beft to tear it before their
Faces, by which means he got the Storm calmed.
This being done, the Marquefs took his Journy on July the 6th.
When the Marquefs came to Court, he ^ave the Ring a full Account
of all that had pafled in Scotland., and of the Strength and Rageof tlie
Covenanters., together with the unconftancy of many of the Secret
Council, and propofed to his Majefty to renew the Confejfwij of Faith
ratified in Parliament 1567. And to that his Majefty did readily con-
fent, and refolved to enlarge his Inftruftions, which he did to the ef-
fed following.
London^ July 17, 1638.
Charles 2^.
Y©it mw trp bp alf meait^, to fee if tfje Council m\\ im tDe
Confeffion of Faith, cffabiifljcn b? ^a Of Parliament, UJitbtfje
BetD TSono ioineti tftcretinto : 'But pau are not publickip to put it to
Doting, ercept pou befureto carrp it, ann thereafter tbat p?obablp
tf)ep uiill ftano to \u
Jf tfje Council uo fiffn it, tljouffS tf)e Covenanters refufc, pou fljali
pzoceeti to tfje inoirtimj of a free <Seneral anemblp ^ ano i^ougfj pou
cannot piocure tbe Council to Gun it, pet pou are to p.oceeD to t&e
inOicttnfi: tbereof, if pou fino no otber courie can quiet 'Bufinefsi at
tlji0 time*
^ou fljaii labour \!^ alt fair mearnei, t^at t^e 0ttinff of tfje aumi^
bip be not before tbe firft of November, 0? longer if pou can obtam
\U lo? t&e pace, Wit are pleafen to leaVie it to pour election :
jFoi tbe manner of Slntiirtino;, pou mutt be agi cautious m pou can,
tm ffribe to Oratn it, ass itear m map be, to tlje former a{lemblie0 \n
^p iTatber'iS Cime>
f ou mutt labour tbat tlje 'Biflbopsf map ba^e (Hotes in aflemblie^ ^
tofjicfj if pou cannot obtain, tben pou are to pioteft intfteir JFabouriS,
in tfje moil fe.nnal manner pou can tljink of*
30 fo? tlje 99o5eratoz in tlje aiTembip, pou are to labour tljat be
map be a IJifljop h Wt\y tbougb pou cannot obtain, pet pou muft
giUe loap to tljeir (Election*
f^m are to labour, Cljat tbe fiue articlejs of Perth be belli a0 in=
Oifferent : ^trioe tbat tlje aomiffion^ of $^iniffer0 map continue a0
tljep are* f ou map conoefceno tbat tbe ©atbs of tbeit anmiffion be
no otljer tban ijS inarranteo \i:2 ^ of parliament*
^Ott
7^4
^n. 1638.
Hisimcal Collections.
\
July ii.
Difpute at A-
btrdttn about
the Covenant.
^ou ore, if ?ott fin» t&at it map anp ioffe conBuce to JDuc ^tutre,
to enact aitB pubiifl) t()£ £)?uet nialie at Haliy-Rood-Houfe, faj^ ©ur
Council, t^e fiftl) of July laft, fo? Oifcljarginff tbe Clfc of t&e Service-
Book, "1500^ Of Canons, anU tl}e }3tarfiCC Of tbe High-Commiffion.
f ou are to pjotea agatim tl)e ^bo!ifl)ino: of 'Bifljopsi, anti to gtlie
toap to asi feto Ecftriction^ of tfteir potijcr a0 pou can : m fo? tjje
TaifljopjJ not being capable of Cibiipace^, pou nmft labour tobat
f on can ta fteep tbeni free*
foil map ffibe awp, tbat tbeplball be accountable to tfje t^enecal
aifcmblp, tobicb pou Ibail inmct at tbe riCing of tbi0 againa tbat
time tuielbe montb*
90 fa? tbe TBilbopjai p?eecticnce, pou ar^ not to aomit tbem of tfje
aflemblp to meoble tberetoitb, it being no point of lEUligfbn, ami to*
taUp in tbe CrotBtt.
3|f tbe 'Bifl>dp of %u Andrews, 0? anp ot]|fer, be accuftn of anp
Crime, pou are to gibe tuap to it, fa tbep mapjjaue a free Crial,
anti lifeetBife tbe fame of bibatfoeber IpetfonoiMicer of €)tate»
3t iis left to pour btlcretion tobat courfe O^ifljopgi ftaH tafee, tbat
are fb? tbe picfent out of tbe Countrpt
pu are to abbife tbe 'Bilbopsi to fbjfa^ar fitting at tbe Council, till
better anb mo?e faijourabie time0 foi tbem.
BotbJitbffanbing an tbefe Initruttions abobc mentioneb, 0? anp
otber accilient tbat map happen, (ftill labGuring to Keep up ©uc !l)o=
nour to far as poffiblp pou tan) pou are bp no means tiy permit a pjc^
fcntEupture to bappen, tut to picib anp tbing, tbougb unreatonabie,
ratbertbennototob?eak»
Befi^es theft Inftrndions, his Majefty ordered the Marqueis, That
the Moderators named by the Bi(hops in Prelbyteries, be again re-
poned and held neceflary Members ot the Aflembly ^ that all Minifters
turned out iince thefe Stirs begaq, might be again reftored ; and that
all Minifters admitted without the Biihops, may not exercife their Fun-
ftion.
And the King wrot« alfo by the Marquefs to the CoUticil, dated at
Qdtlands^ JhI/ 30. taking notice that this Bond being not i'ubicribed
by Roial Leave 8c Authority,as was that in the time ot Vi.James^ muft
needs be both »«// in it felf^ and prejudicial to the Kirk- and State 5 his
Majefty alfo declaring, Tliat he hath ever bin fully fatisfied in Judg-
^ncHtand Confcienee, both of the Reformed Religion, and agaimt
the Ro^nstiv
And his Majefty alfb figned a £)ecl3f ation to the lame efRft and pur-
pofe •-, not only to (atisfy his loving Sub)e&, but all the Chriftian
World, and therefore figned the Confejp&n of Faith^ eftabriftied by Aft
of Parliament Vvith that Bond.
i The king likewife fone<f a- Declaration of the (Mne date, expreffing
the Contents in the fiid Letter, and tha^ he will ever maintain the
True Chriftian and Reformed Religion eftabliftied in the Kingdom of
iScfftJatid 5 and to that end he hath fighed' the Confejpon of Faith^ efta-
bliftied by Aft of Parliament 1557, with the Bond in defence of it.
^Ut while the Marquefi was buly at Court, the CovettanUrs in Scot-
land weii€ ^ing on for more Subicriptions to the Covenant 5 and be-
caufc the North wei?c for the moft part againft the Covenant, (bme
Noble-
Hiflorical Collections,
Noblemen and Minifters went on the 23d of jF«/y (being that day 12-
month the Stool was thrown at the Bilhops head) to Aberdeen, hoping
to convince the Doftors there of the Lawfulnels of the Covenant.
But the Dodors violently argued againfl: the (ame, becaufe it was a
Combination Without Warrant or Authority. And the Covenanters
gave out to the faid Dodors at Aberdeen, that the Lord-Contmijjioner
was fatisfied with the Covenant upon the offer of that Explication,
(which is forriierly mentioned ) but at the Commiffioner's Return he
declared the contraryi
The Marqueft at his Return to Hallji-Rood fJduJe, on the 10th of
JuguB, found things in a much worft pofture than he had left them ;
for at a Convention of Buroughs, a few days before, they hadenafted,
That none might be Magiflrates, or bear Office in any BurroUgh, ex-
cept he had taken the Covenant. And the Covenaniers were refblved
that T^ifhops /!}ot{ld have no Vote in the Aflembly, and that Epijcopacji
jhould he aholif/jed, and the Articles of Perth condemned, and all under
pain of Excommunication were tojtgn the Covenant.
The Marquefs being furprifed with lb great a change of the flate of
Affairs, gave Account thereof to the Ring, and refblved not to call
a General Aflembly till he firft went in Perfon to aquaint his Majelty
with the hazard he was like to run.
On the I ^th of ./^ugiijl the Covenanters came to demand his Anfiver
to their 'Petitions. To whom he declared, that the King's Anfiver was
fb full of Grace and Goodnefs, that he will leave nothing undone that
can be expefted from a juft Prince to fave the Nation from Ruin^ and
that he finds they cannot be well fetled without a Parliament and Af^
fembly , and (b delivered his Majefty's Anfwer to them to that pur-
pofe.
The Marquefs alfb afTured them, that immediately upon their Obe-
dience he fhould indift an Aflembly and Parliament, as he was in-
flrufted. Order and Government being firft eftablilhed again in the
Country as it Was before thefe Combuftiont!. But they continued ftill
treating about this till the 20th of August Whereupon the Marquefs
craved again the fpace of Twenty days to go to Court, and bring an
Anfwer from his Majefly. Which he did to gain more time, and to
advife his Majcfty to break with them, dv to give way to the violence
of their Zeal , and in that time alfb to attend the difpatch of Affairs
at Court concerning the Kingdom of Scotland. So he took Journy on
the 2 5th of Aiigufl towards London.
The Marquefs before his Journey thought fit to confult with the
Earl of Traqiiire, Roxborcngh and Southesk^ , what Advice to offer his
Majefly. Who agreed upon Articles toi be prefented to his Majefty,
fbme of which were to the effcd following.
s
Ince the Caufe and Occafion of all the Diftraftions which of late
have hapned both in Kirk and Polity, feeras to proceed from the
conceived Fears of Innovation of Religion and Laws, znd that the Ser-
vice-Book^, Book of Canons, and the Mnbounded Potver of Bifiops \n the
High-Commijjion, (never yet warranted by Law) was that which firft
gave ground and occafion to the Subjefts Fears ^ and feeing the faid
Books are offered to be proved to be full of Tenets and Doftrines
contrary to the Reformed Religion, profefled and eftablifhed within
this Kingdom, and the fame introduced againft all Form and Cuftora
Ggggg pradifed
1 4 Caroli.
The Mafjutfi
at his Return
hnds thinst in
a bad condi-
tion.
'nd gives the
King an Ac-
count thereof.
the Ma'rijHeji'
defires twenty ■
days lime to
"o to the King
and return,
He confults
with J Lords,
not Ctytaiin-
ten.
Article? of ad-
vice offered to
hisMajefty.to
have the Ce»-
fejfion of Faith
figntd ty kit
Father, to be
revived.
7^6
Hiftoiical Collections.
^ti. 1698.
' pradiied in the Church, it were an Aft of Jufticc well befeeming (b
' gracious and glorious a King , abfolutely and fully to difcharge the
' fame.
' And feeing likewife this High-Commijfio» hath given (b great Of-
' fence to fo many of your Majefties good Subjeds, and as is conftant-
' ly affirmed, is of (b vaft and unlimited a Power, and contrary to ex-
' prefs Laws, by which all fuch Judicatories not eftabliflied by Aft of
' Parliament, are declared to be of no force ^ it would much conduce*
' to the (atisfaftion of this People, if this Judicatory -were difcharged till
' the fame were eftablifticd by Law.
' The Praftice of the five ^Articles of Perth hath been withftood by
' the moft confiderable part of the Subjefts of all qualities both Laity
' and Clergy, whereby great Divifions have been in this Church, and
' are like to have an increafi?, if your Majefty ( in your accuftoffled
' Goodncls and Care of this poor Kirk and Kingdom ) fhall not be
' gracioufly pleafed to allow that the preffing of thefe Articles may be
' fbrborn until the fame may be confidered ot in an AlTembly and Par-
' liament. And although We conceive Epifiopacji to be a Church-Go-
' vernment moft agreeable with Monarchy, yet the illimitcd Power
' which the Lords ofthe Clergy of this Kingdom haveof late allumed to
I ' themselves in admitting and depofing of Minifters,and in divers other
' of their Afts and Proceedings, gives us juft ground humbly to beg
' that your Majefty may be pleafed to remit to the Confideration of
' the Affembly thk their unvearranted Power.
' The fenfe and apprehenfion of thefc forefaid Evils hath ftirred up
* the Subjefts without warrant of Authority to join in a Bond and Co-
' venant to withftand the forefaid Innovations^ and for maintenance of
' the true Religion^ the Kings ,31ajejiie's Perfon, and of one another in
* the defence thereo£
' If Your Majefty might be gracioufly pleafed in fupplement heteof,
' to allow or warrant fuch a Confejjion of Faith, with luch a Covenant,
' or "^ond joined thereunto, oi that (igned by Tour Majejiys Royal Fa-
' ther, and by his Command by the Council, and moft part ofthe King-
' dom. We are very confident the fame would be a ready and forcible
' mean to quiet the prefent Difbrders , at leaft to fatisfy moft part.
' And if Your Majefty (hall condefeend to the forefaid Propofitions,
' We are hopeful, if not confident, it (hall give Co great content to fb
' confiderable a number of your Majefty 's good Subjefts of all quali-
' ties, that if any (hall ftand out, or withfland your Majefty *s Royal
' Pleafure, after the publication thereof, they may be overtaken by
' Your Majefty 's Power within this Kingdom, without the Help or
' Afliftance of any Force elfewhere.
' And becaufeit is to be hoped that all that hath paft in thisBufinefs,
' and all the Courfes that have been taken herein by the Subjefts, hath
' proceeded from the aforefaid^f^^r/ of Innovations, and not out of any
' Difloyalty or DiJfatisfaQion to Soveraignty j and that Your good Peo-
' pie may ftill tafte the fruits of your Grace and Goodnefs, We wifh
' Your Majefty may be gracioufly pleafed, upon the Word of a King,
' to pardon what is paft, df'c
Signed
^Hgufl
1638.
I
Hamilton.
Traquaire.
Roxhorough.
Southesk.
When
Hiftorkal Collections,
759
When the Marquefi arrived it Court, he told his Majcfty, That
unkfthe enlarged his Inftruftions, he was to treat no further 5 and
fince he fuw the Contempt was like to have bin put on the laft Inftru-
ftions, fo as he durft not make ufe of them, left his Majcfty fliould be
expofed to new Affronts. And told his Majcfty further, That no-
thing feemed fo likely a courfe for removing of Jealoufies, and ictling
of things, as the ^nthorifing the Covenant^ that upon King James
his command, was drawn up in the Year 1580, containing the re-
nunciation of all the Articles of Popery, which was the ground of
the prelent Covenant.
And now the King rcfolvcd to try the utmoft of yielding, for the
recovery of his Subjefts in Scotland^ therefore again he difpatched his
Coramiiiioner from 0.///^w/j-, on the loth o£ September, with ample
Inftrudions, to this efFed.
OatlanJsj September p.
New Inftrudions to the Marquefs, impouring him to re-
voke the SerVice-'Bookj CanonSy &e*
Charles?^.
i.'XJ^xx flja!!, in ftiil antJ ainpie mmiiicr, tip p^ocfaittation ni otijcr-
l imTc m pOU fljilll fee caufC, Oecliire, That We do abfolutely
revoke the Scrvice-Book, the Book of Canons, and the High-Com-
mifiion.
2. f 3U njall lifeciBife tiD:l)arije tl)e practice of t!)e jTtlje Slrtiflejsof
Perth, notuiitljffaiitiuTiT tOe^rt of pariianient, tofjiti) tjotfj commanD
tijefiime: aim in ti)c im ,. ?oclamatloit pou fljail p^ontue, in 0i5r
ililarjic, C{)at if in tfje fii-1! pariiament to be fei-io, t&e tDieeOfared
iljaSi tijink fit to repeal tfte faiti act, ©lie fball tijen giiie Oar Eoial
aflent to tf)e faiD aa of E^peal*
3. f'ou fljall itketBife Declare, Cftat aUe ()aUe enfoincti an9 autf)o--
n'?etJ tfjc Lo?ti<s of ©uc l^?(i3p Council, to fti&fcribe t^e ConfclTionof
Faith, enn Bond tljercto anneretJ, iuf)ic|) toasi lubfccibeD ftp £)ur Dear
jfatijcr, anD enioineD bp big $^aieftv'0 autbontp in tbe j^ear 1580.
Sno likci'ifc balic aijoincD tUni to take o^Dcr, tbat all ©fir ^ubfect0
fubfcribc tije fanse*
4. fm flial! likciuife Declare, €bat ©ur nteanin^ anD pleafure is,
€lirit none of ©ur S)UfciiCt0, ©Ijetber ecclefiaftical o? Cibif, fijafl be
f reuHteiT from Cemurcg, anD Crial of tbe parliament, 0? General
StfnnblP, tbofc Courts pjoceeDintj ajjainft tbem in Due fomt anD
©^Dcrcf Into*
5- f on fljall likctoife Dtclnre, Cbat 8Be are graciouflp content,
tf}at tlje Cpjfcopal ©oticrnnient alreaDp eflablilbeD, fijali be Itnnteo
iuitb fudj Jnfituctionsj as map flatiD toitij tbe Laujs of tbis Cburcb
aiiD t\in0Dcm alreaDp cdablifljeD.
6. ^cti fijal! offer a jJarDon \!!^ proclamation, anD p'omire in it a
FatiTicaticncf tlje fame in parliament to all Our gaoD %\v&\zm
U)Q fljall reft flUisfitD Uiitb tbiS £)ur gracious Declaration, araj bere^
after carrp tbenifcfues as becomes peaceable anD Dutiful @^.bfe(ts»
Ggggg 2 7. fou
14 Car oil.
The AbrijutiV
.irrives at
Court.
The Marqucfs
gets new In-
ftrudions.
-760
HinoYtcal Collections,
14 Caroli.
7» ^oit(!)aH p?onireatt act of Council, tDljerein c^crp Counfcllo?
ftalioccl.nc ijimfclf fuup fati0fterj uiitl) tfjis Oitc JDeclarattonv m«!
(if poll can) tijep (Ijali mo^co^cr folemnfp Stuear ann l5)?oteft to ali=
ixre to 210 7 atio vnitft tijeir liije^, f oitiinrs, ann tcijolc spean^, af=
fift as m tlje piintajino; anr> rcp^cffing all fiicf) ag fliaU Ije founD to be
nifobcoient, 0? pctfift m twcbiuent ann unpcaccable Courfe^ •-, ann if
anp of Out Counft llo?!S fljall reftUc to to no, pou fball picfcittfp xz-
moDe fifni from tljc place of a Coufifcllo?.
8. fouajalliikttDirc requite euerp Loin of tl)e ©effion to fubfctibe
tlje ConfelTion of Faith aboije nientfoiien, ann tl)c Bond tbeitunto an=
netrn ^ a0 likctoife to make tlje fame p?otefiatton in all tljingsi, a0 w.
tfje lafl Infftuction i0 requiren of a Countelfo? h ann if tljep fljail re-
fufc to no It, pou ftjall tljen cectifp to m tlje jOamcjs of fuel) Ee--
fufer0»
9. pufljalllifecinifencclaretljatOur ptafure 10, C^at a moft
Solemn Faft be iunictenupon a fct Dap tb^usnout tlje icijcle i^m:^
nom, UJbiclj fliall p^ecene tbc <©eneral aucmtiip in fome competent
time* Clje CaufeS fljall be neclaten, To beg God's Bleffing on that
Aflembly ^ to beg of God a peaceable end to the Diftradtions of this
Church and Kingdom ^ with the averfion of God's heavy Judgment
from both. Cl)c fo?m Of inniftion, Wit nefirc to be accoining to tlje
moft launable aiffom of tW Cbutcfj m moft rjctraojninarp CaCesf.
10. f ou fljall labout a0 mutb asS in poti lietb, tbiit bodj dje €\Z'
£toi0, ann I5etfon0 electen to be Ccmmtfaonerg at tlje <J5encral ^0
ftmblp, Iball be tlje fame tbat uiere ujont to be \\x li^^p jfatlier'g Cime,
ann tbe fame iro?m0 to te cbfccwn, asnear a& map Uh but pet if
tijat cannct be cbtalncn, it 0 all be no let to pou from inntctltiff a ^z^
neral aiUniblp, but pou fljall 50 on it \!i'^ afl fuel) uiean^ m pou fljall
fin5 moft an^antagiou^ to ^ m tbat ig>eroife.
1 1. Cbe Cime ann l^lace of tbe atlemblp (Edinburgh onfp eje=
cepten) UXz leabe to pour 3ungment ann pieafurc*
1 2. ^ou fljall liUeiuife p?efentlp inWrt a l^^arliament s tlje Cime ann
Place aile leasje liketDife to pou*
13. OLlljetber pou fljall firft publiib Out (^;aciou0 Offet0, 0? fitft
innirt tlje ailemblp, Wz leane it to pour oton lungment a0 pou fljall
fee caufe
14. 3if pou fljall finn tbc moft confinerablc pact of tlje Council not
toarciuiefceintb^Ottc (S^^aciouis Declaration, ann not to pjomifc
ijeartp ann cljearftU affiftance to (LI0, as ii3 abobc erpreiien, 0.2 not a
confinetable part of otljer Lo^ns ann (Scntienicn, in cafe Our Coiuv
ciirefufe, tljen pou fljall neitbecinnid}g)arliament nc; aifcmblp, no?
publilb anp of mp (^?aciouei Offers, eicrept onlp ttje abofiftinn; ot tbe
Service-Book, 0500k Of Canons, auO High-Commitlion, bUt leabe
tbem to tbemfelbes, ann to fut b fttrtber o?ner as OLlc fljall be fo^cen
to take lyitb tbem 5 onlp if pou fo?efee a 73?eacb- pou fljall ginc time-
Ip ujarning tbeteof to fiicl^ as babe ftoon lotli aftrctcn to Our ^crbice,
tljat fo ti}ep map m nue time p^obtne fo? tbeir fatetp, ann pour ^elf is
to return to (US \mt)d ej:penition.
15. ^ou muft, bp all means poffiblc pou can tljink of, infufeinto
tije ^ittifters UJbat a tu?onu it inill be to tljrm, ann iubar an opp?cf
fion upon tlje fceenom of tbar Jungment, if tbere muft be fuclj a
immber of Laicks to ober^rulc tbem, botbin tbcif elections foi tlje
t^enetal aflembip, annaftertoarns*
His
Hiflorical Collections.
His Majefty did al(b fign Inftruftions for the Marquefs his Bdiavi
our with the Bifhops, to dcfire the Bifhop of St. JlWrciv/ to leave
his Chancellor's place, to accept of tlTe fum of 3 500 /. Sterl/»g^ which
fnould be done without injury to himfelf, and more to his advan-
tage.
Likewife to intimate to them. That his Majefty intends to indida
General Aflembly, and abfolutely to difcharge the Books of Svrvke^
zndCanofn^ and Hjgh-Commijjion ^ and that the five Articles of Pert!.
be efteemed as indifferent j and that though his Majefty will maintain
Epilcopacy, yet will be content that their Power be limited according
to the Law.
The Marquefs iri his return met with the ScotiJJ} Biftiops, and com-
municated to them the Contents of the King's Commands.
The Marqucft being thus again difpatched at Court, took Tourney
for Scotland^ and met the Scotifi Bifhops in the way, pafling through
! YorkrpJre^ to whom he fignificd his Majefty's Pleafure^ that the Kini?
inclined to indift a General AlTembly, and abfolutely to difcharge the
Books of (Scrt'/rc, and Canons^ and the High-Commijjion 5 and that the
five Articles of Perth be efteemed as indifferent : and that though the
\ King will maintain Epijcopacj^ yet he will be content that their Power
I be limited according to the Laws. But the Bifhops were no ways
I pleafed with what the Marquefs had faid unto them was the King's
\ Pleaflire, and fpoke againft it with great vehemency : But the Arch-
I Bifhop of St. Atjdnvps was the moft moderate of any of them, and
[ feemed to be willing to take 2500 /. Sterling Compofition to quit his
I place of Chancellor.
I On the I jth o( September the Marquefs arrived at HuUy-Rood-Houfe^
\ where he found Jcaloufies begin to ariie, between (bme of the wifer
j Minifters, and the Lords for the Covenant concerning the Lay-Ruling
Elders.
\ On the 20th the Covenanters fcnt to the Marquefs to know when
' they might wait on him to know his Majefty's Pleafure 5 and he a p-
[ pointed the next day, Septcmh.'ii. When they came, he told them,
,; That the King had granted them all that they defired 5 and more alfo,
1 a Free Aflembly, and a Parliament, which fhould be immediately in-
\ dided, and opened the Particulars unto them ^ and they feemed rea-
|fbnablywtll fatisfied therewith, only they prefled him to deflU from
I renerving the Coffij/m? of Faitl.\ for they clearly faw that that would
\ diflatisfy a great many of their Party. But the Marquefs having made
? mofl of the Privy-Council fure before-hand, and that by Oath,
|. refolved to hear of no delay.
\ The next morning the Earl of Rothef^ and many of the Covenan-
I ting Lords, defired accefs 5 and in the Name of the reft faid. They
I heard the Council were to fign the Old Confejjion of Faith, and to pub-
f lilh a Declaration there-about, which they defired might be delaved
till Monduy next, and they doubted not to be able to give good Rea-
fbns why they fhould not do it : And being called into the Council,
they raifed a long Debate which lafted about four hours ^ but in the
end no delay of publifhing the Declaration was granted, and it was
carried by Vote in the Council, That the Co^fcjjion of Faith ftiould'
be prcfently figned. Next, that the Proclamation of Grace fhould be
prefently publifhed,and another Proclamation, that an ^ffmllj fliould
prcfently
761
r 4 Caroli.
The Biftiops
fortowful.
Jcaloufies be-
iween theMi-
nillers & Lny-
Ruling Elders.
Tbe Co\tnan.
ter agaiiill he
^t,t\'ejjlon of
Fa.th.
The Ccvtmtn-
teri labour to
hi-dt-r tl'e
p iblicatioii of
ih.' Confejjion
of fniih, but
in vain.
.76:
Hiforical Collections,
I The Procla-
mation of the
' ^th of Sept.
was publillicJ.
but met with a
i Prottftaiion.
prcftntly meet at G/j/f^Jw the 21 o^ November., and thzt aTurlicimef^t
(hox-M meet at Edwhurgh the l $th of May next.
Then the Council pafled an Ad, declaring their full fatisfaftion
with his Majefty's Gonceffions, together with the Letter of Thanks to
his Majefty, exprefling their fiill fatisfaftipn, with large engagements
to adhere conftantly to his Service 5 and fo they arofe at four of the
Clock, having fat that day from feven in the morning. So the Pro-
clamation of the <^th of September following, was immediately fent to
the Crofs at £<^/«/'«rg/\ which met with a Proteftation ; and though
the Council feemed difpleafed at it, yet they could not be perfuaded
to pafs a Cenfure upon the Proteftation as Seditious.
By Pioclama-
tion, -.he King
make'" void &
»«flal! Aftsbt"
Council •.end-
ing toe, labliili
the Sert'ici-
Boo!(, Canons-!
2.
The Qoj^y of a Proclamation made at Edinburgh, Sept. 1
QHA^^LES, &c. ToOurLovits, Our Heralds, Meflen-
gers, Our Sheriffs in that Part conjundlly and feverally,
Ipecially conftitute, greeting.
O^afnntclj a0 tlje cawft aiUi occafion of all t&e Diffractioit^
u Wt\) Ija^e IjapncU of late, botij in Cf)urcl} atiti Cominon=
UXtMh of tW o«i' ancient I:\ingtiom, tiabc p?occeoeti from
tfjC COttCeiliCO ifCarjS of innovation of Religion and Laws. Co fxtt
all out* <©ooiJ @iibfcct0 from tl)e leafl fufpicidn of anp intention in as
to innoijate anp tljinn;, eiti^ct in Scligion 01 latogi ^ pn^ to fatigfp,
not onlp tljcit Dcfircs, but cijcn tl)cit Dcitbtgi, 22Ic Oaw rincljatv
ffci5, ano bp tljefc p?efcnt0 50 "oifc^atge tf)? Service-Book, asaok of
Canons, anB High-CommilTion, ano tf)e p?acticc of tf)em, 0? anp of
tbcm ■■> ann bp tljefc J^^fentg anmtll0 antJ refcintJgs all ^^m of Coun-
cil, lE)?ocltmiation0, ann otljcr ao;^ antDeen^luljatroeiJectljatljalie
bin maoe ano publifljeo foi cffabiifljing; tl)em, 0? anp of tl)em 3 anU
Ueclare tljc fame to be null, ann to Ijaue no fo?ce 0? z^ta in time
comino:* 3nD beinij infomicu, t&at tlje urffing of ti^e piacticc of
tlje fi\]e Article!? of Perth-aHemblp Wh b'en Q*reat DiftratTion
anti Dibificn in tlje €l)utcl) anu S)tate h ll\t Ijai^e bin graci^
oullp pleafeB to tabe tte fame mto out conflUeration, anli foi t^e
Ciuict ano l^cace of Cburcb ann €-tate, Do not cnlp tifpcnfe uiit^
tlje piaaice of tlje faiD articles ; but alfo Difcbarije, like a^s bp
tijcD:: ip)|efcnt0 Wit oiCcljacgc all ann Uiljatfoeber li)et:fon0 from
utiTinQ: tlje practice tbereof, upon eitbcr LaicH o\ ecclefiaaick pec-
fern tuljatfoeijer. 3nti Uk no betcbp free all our €)Ubifct0 from
all Cenfure ant pain, UibctljcrCccItfialtical 0,2 Secular, foinoturij:^
(no:, p^actifuto;, 0? obepmo; tbc fame, nottuitbftaiitiinLT anp t^inij- con-
tauietj in tlje 3ct0 of parliament, ^i (general ^Ifemblp to tljercntra^
rp, anti bfcaufe it Ijatlj bin (to tlje mfiyrace of (^a\)ernnient) tii=
Hjerfeti antifurmiOD tljjougljout tljis our iainiyoom, ibat fome of our
€>ubfe(i0 Ijaije eyercifen fucb illimiteo ana untuarranteo J5ouu:r, ano
ija\]e bcin tljenifel\)e!5 ei:cmpt from cenfure 0^ puninjment, to tuljicl)
otbcr €^ub|f(t0 are liable h 2ille Do bp tbefc pieientg Declare, ci)at if
anp of our eubiectj), toljetljer Ccclcfiafiicaf 0^ Cibil, of tobatfoeba*
Ciualitp, Citle, o? Degree, babe, 0? fliall at anp time p^efume to
Do anp fuel) 3ct,o? aiTume to tljemfelbe^ anprucbrremption 0? poioer,
tljat
Hijlorical Qollections,
jji
tljnt tfifv fDall, like asi bp tijcfe |9?crcntsi mz mnKc aim OMJaiu tfjcni
to &f luK.lc to t\)t %xm\ im Caiftirc of i^arfianicnt, »i:cnci'n( aOf m-
tslv, 0?. nup otlcr 3u5icatoa£0 competent, acco?lin;ij: to tlje nature arte
qn.ilitp of ti)c 0£fcttcev 5lna fo? tree entrp cf ^T^im'flccg, t\}Xt m o-
tfjcr SDatlj tie aDminiftreti unto tijem, tfjau tut niljiefj 10 containeD in
tfr act cf parliament. Slno to giUe our eulMC:t0 fiill aiTuranre,
tW lilt nctjec inteim to aBmit of any Cljan-ie 01 aiceratlon in trje
Crue EcliGion alrentip efralilinjeti aim p.iofciVcti in tJji0 cur ii^inijticm.
^-m tf)at all our gooti people map be fullp anti cfearly fati^ficD of tfje
realitp cf our Iittention^ touiarois tlje mainteuan.e cf tfje Crut^,
nnri iiituTritp of tije faiD Eelircion ^ mz JjaDe tboucfjt fit aim eirpe-
Hent to enjoin anB autf)3?i?e, Iikea0 ©Lie lip tljcfe piefentd Doie=
quire aim connnanu aU tl]C 10200 of our \pmf€m\\i% ^^^natois
t'f our Ccileue of Sufiice, aim all Jim0e0 aim i^affiffrate0 to Ol5ur=
rcuiTlj anj Laim, aim ail otfjer our ^ubjerta loijatfceiier, to Wy^
Cctil^e aim rrnciu tlje Conilirion of-Faith, fubrcribcn at firft Dp otir
Dear j^atljcr aim Iji0 Ootifl)oiD, \\\ tijefear of ©on 1580, tDere=
after If pctfon0of ail Eank0, intfie ^ear 1581, bpOminancecf
tOe tarn of g>ecret Council, aim Sct0 of tbe ȣ5eiu:iai affemblp.
Subfcribcti again Ip all fo?t0 of pecfon0 in tljz pear 1 590, h)> a
Bz)3i €).:5inaitce of Council, at tlje Ccfire of tlje (iSeneral affemblD,
toitlj tlji'ir (general QSonti of ^Maintenance of tlje iiiDrue Eelifftoii,
ann tlje £\ing'0 l^erCon. aim fo? tljat eRett mt no require tbe lo?rj0 cf
tfje Council to take fuclj coutfe anent tlje fo?eliiiDConfeffion aim Ge-
neral Band, tijat it map be fubfcribcU aim reneiocti tljjougljout tlje
luljole Eealm uiitlj all poffible Diligence. anD becauCc mt \m not
leane iw our Subfect0 miim0 tlje leaft fccuple, o| Doubt cf our Roial
3intentmn0, anD Beat Eefolution0 5 mz babe gii^en Cilarrant to
one Commiffioner to inDict a Itee Cenerat affcmbfp to be IjolCen at
Giafgovv tbe 2 1 of November, in tlji0 pjefent iPear 1638, aim tbcre-
aftec a Iparliament to be bolben at Edinburgh, tbc 15th Dap of
May 1639, fo? fetling a perfect Ideate botlj in Cburclj anD Common-
aileai of tbi0 laingDom. aim becaufe it \% (ikelp tbat tlje Difoj--
Der0 aim Diftraction0 lubiclj baue bapneD of late, babe bin ocertfioneb
tijpugb tU conceibeD irear0 of 3nnobation0 of Religion, aimiato^,
aim not out of anp Diflopaltp 0? SDifaffectton to ^oiieraigntp •-, mt
are gracioiiflv pleafeD abfoliitelp to fozget u^bat is pad, aim freelp to
f!)?giue all T5p gon0 to all fucb ad Iball acquiefce to tbi0 our ©?aciou0
531eafure, aim carrp tljemfeltie0 peaceablp, a0 Loial aim Dutiful
^ulj(eiT0 h aim COc fljall ratifp aim app?ovie tbe fame in our nett en^
filing parliament, aim tbat'tbi^ ailemblp map babe tlje better fuc-
cer0, aim mo?e bappp conclufion, 0iir C^ill is, ^Ijat tbcre lie a So-
lemn Fall: p^odainub aim kept h)> all our louing €)Ub|cct0 of tb;0
£\ingDom, fourteen Dap0 befo?c tbe beginning of tbe laiD aoemblp ■■,
'^\}t faufe0 tbcrcof to be, A begging from God a Blelling upon that
Ailembly, and a peaceable end to the Diftraftions of this Church and
Kingdom, with the averfion o'i God's heavy Judgment from both.
aim €>ur i)leafure i0,'S:bat tbiS ifaft be kept m tbe moff folcmn man-
ner, a0 batb bin in tb!0 Cljurcb at anp time Ijeretofo^, upon tije moft
eitrao?D!narp occafion. ®ur ©LUll is tljetefore, aim £He cbarge vow
flraitlp, aim commaim, Cbat incontinent tbcfe out letters fern," pe
paf0, anD make publication bereot bp open p^ociamatlcn at tbe
^arket-
1 4 Caroli.
772
HiHorkal Collections.
AhA6^s. \ Market CcoOejcJ of tljc ]^eati05a?oiiQ:l)!3 of tW one l.>itiffliom, tufjere^
^^^^^^/""^ 1 tf)?ouff^ none p^etenu ignorance of tljc fame*
©ton urmer 0\k S)ignet, at Cne Court of Oatlands, tlje 9th
Uapof September, 16^8.
At the fame time when this Declaration was proclaimed, another
was alio proclaimed for indifting an Aflembly at Glujgoiv, Novemb.2\.
and another for a Parliament Mtdifibnrgh the i ^th of Miy. The Pro-
tertation in anfwer to this Declaration doth follow '-, only for the pre-
(ent We in(ert in this place (b much of that Proteftation as relates in
anfwer to the Gonfejfmi of F</;//',ordored by the King to be fubfcribcd
unto j and afterwards in the Appe»clix^ the reft of this Proteftation,
being very long, isat large (It down.
The Troteftation of the Noblemen, 'Barons, Gentlemen, 'Burroughs,
Minijlers, and (jmmons, &c. in anfmr to the King's Decla-
ration of the ^th of September.
' ^TpHat this Proclamation commandeth all his Majefty's Subjefts, for
' X maintenance of the Religion already eftablifhed, to fub(cribe
' and renew the ConfejJ'wn of i^<?7//),fubfcribed before in the Year 1 580,
' and afterwards;, and requireth the Lords of the Privy-Council to take
' fuch courfe anent the lame, and general Band of maintenance of the
' True Religion, and the King's Perfon, that it may be fubfcribed and
' renewed throughout the whole Kingdom, with all poffible diligence,
* which cannot now be performed by us: For although of late we
'would have bin glad that our (elves, and other his Majefty's Sub-
' jefts had bin commanded by Authority tofwear and fubfcribe theGe-
' neral (^ovfejjwn of Faith againft PopKh Errors and Superftitions, and
' now would be glad that all others ftiould pin with Us in our late
* Covenant and Confeflion, de(cending more efpecially to the Nova-
' tions and Errors of the Time, and obliging Us to the Defence of Re-
' ligion, and of the King's Majefty's Perfon and Authority, and for
' thefe ends to the mutual defence every one of Us of another ; Yet
' can Wc not now, after fo neceflary and (b (blemn a Specification, re-
' turn to the General, for the lleafbns following.
I. ' No means have bin left unaffayed againft Our late Coftfejfict: of
' Faith and Covenant Co (blemnly ftvorn and (ubfcribed : for firft. We
' were preft with the rendring and rcfcinding of our Covenant ; next,
' an alteration in fome (ubftantial Point, was urged ; thirdly^ A De-
' claration was mentioned, which tended to the enervation thereof^
' and now We find in the fame ftrain,that We are put to a new Trial,and
' the laft mean is ufed more (ubtil than the former. That by this new
' Subfcription to Our late Covenant and Confeflion, may be quite ab-
' (orbed and buried in Oblivion, that where itwas intended and fworrr
' to be an Everlafting Covenant never to be forgotten, it fhall be ne-
' ver more remembrcd,the one ftiall be cried up,and the other drowned
' in the noi(e thereof. And thus the new Subfcription now urged, (al-
' though in a diiferent way ) (hall prove equivalent to the rendring of
'the Covenant, or what of that kind hath before bin effayed ; like as
' the
Hiflorical QoUections.
773
' the Reafbns againft the rendringof the Covenant, do militate dircftly
' againft this new Motion.
2. * If We (liould now enter upon this new Subfcription, We would
' think our fclves guilty of mocking God, and taking his Name in
' vain 5 for the Tears that began to be poured forth at the (blemniziiv
' of the Covenant, are not yet dried up and wiped away ; and the ioi-
' ful noi(e which theft began to (bund, hath not yet ceafed ^ and there
' can be no new neceffity from Us, and upon our part, pretended for a
' ground of urging this new Subfcription,at ftrft intended to be an Ab-
' juration of Popery upon Us, who are known to hate Popery with an
' unfained hatred, and have all this Year by-gone, given large tefti-
' mony of our Zeal againft it. As We are not to multiply Miracles
' on God's part, fo ought We not to multiply folemn Oaths and Co-
' venants upon our part \ and thus to play with Oaths, as Children do
* with their Toics, without neceffity.
5. ' Neither would We in giving way to this new Subfcription,
' think our felves free of Perjury •-, for as We were driven by an un-
' declineable neceffity to enter into a mutual Covenant, fo are We
' bound, not only by the Law of God and Nature, but by our fo-
' lemn Oath and Subfcription, againft all divifive Motions, to pVo-
' move and obdrve the fame without Violation ; and it is moft mani-
' feft, that having already rcfufed to render, alter, or deftroy our Co-
* venant, nothing can be more contrary and adverfe to our pious In-
' tentions, and fincere Refolutions,than to confent to fuch a Subfcrip-
' tion and Oath, as both in the intention of the Urgers, and in the
' nature and condition of the Matter urged, is the ready way to ex-
' tinguifti, and to drown in oblivion the Band of our Union and Con-
' jundion, that they be no more remembred. In this cafe We
' are called to lay ferioufly to our hearts ^ firft, That We have fworn
' that We (hall neither direftly nor indireftly fuffer our felves to be
' divided and withdrawn from this bleffed and loial Conjunction,
' which confifteth not only in the General Confejfwft^ but alfo in our
' Explanation and Application thereof:, but on the contrary, fhall by
' all lawful means labour to further and promove the fame. 2I)', That
' our Union and Conjunftion may be obferved without violation,
'(and fo without mutilation of our Application) we call the living
' God to Witnefs, as We (hall anfwer to Chrift in the great Day,
4. 'This new Subfcription, inftead of performing our Vows,
' would be a real Tcftimony and Confeffion before the World, that
' We have bin Tranfgreffors in making rafti Vows :, that We repent
' our fllvcsof former zeal and forwardnefs, againft the Particulars ex-
' preft firft in our Supphcations, Complaints, and Proteftations 5 and
' next abjured in our Covenant, that We in our judgment prefer
* the General Cotjfcjjwn unto this, which neceffarily was now made more
' fpecial 5 and that We are now under the fair pretext and honeft co-
' ver of a New Oath, recanting and undoing that, which upon fo
' mature deliberation We have bin doing before. This belides all
' other Evils, were to make Way, and open a Door, to the re-entry
' of the Particulars abjured, and to repent our (elves of our chicfeft
' Confolations, and to lye both againft God and our own Souls.
5. ' It haih bin often objeded, That our Confejfion of Faith, and
' Covenant^ was unlawful, becaufe it wanted the Warrants of poblick
Hhhhh 'Authority 5
1 4 Carol 7.
774
Hisiorical Collections,
J[n. 1638.
' Authority x, and it hath bin anfwered by Us, That We were not defti-
' tute of the Warrant Civil and Ecclefiaftical, which authorized the
' former Covenant. And although We could have wilhed that his
' Majefty had added both his Subfcription and Authority unto it, yet
' the left conftraint from Authority, and the more liberty, the le(s
' hypocrify and more (incerity hath appeared- But by this new Sub-
' (cription urged by Authority, We both condemn our former Sub-
' (cription as unlawful,becaufe alleged to be done without Authority j
' and pre-condemn alfo the like laudable courfe in the like neceffity to
* betaken by Pojieritj.
6. ' What is the ufe of Merch-ftones upon Borders of Lands 5 the
Mike ufe hath ConfeJJions of Faith in the Kirk, to difterminate
' and divide betwixt Truth and Error, and the renewing and ap-
' plying of Confcjfions of Faith to the prefent Errors and Corrupti-
' ons, are not unlike riding of Merches 5 and therefore to content
' our (elves with the general, and to return to it, from the particular
' Application of the Corfjjwn neceflarily made upon the inva(]on or
' creeping in of Errors within the borders of the Kirk, if it be not a
' removing of the Merch-ftone from the own place, it is at leaft the
' hiding of theMerch in the Ground that it be notfeen, which at this
' time were very undafbnable for two Cau(cs j one is, becau(e Pope-
' ry is fo pregnant and powerful in this Land, as We have learned of
'late. The other, becau(e the Papi(ts, who upon the urging of the
' Service-BooJ{ and Canons^ have predimed of our return to Rome^
' will upon this our Subfcription return unto their ancient and won-
' ted prefumption, none of us will deny ^ but the large Confejfwn of
' Faith regifkred in the Adts of Parliament, doth by con(equence con-
* tain this (hort Confejfion and Abjuration : Yet were it not (ufficient
' againft Popery to (ub(cribe the one with the other : How then
' (hall we think that the more general Confejfion and Abjuration at this
' time, when the urging of (uch Popilh Books have extorted from Us
' fo neceflary an Application, and doth (till call for a Teftimony, to
' be compleat enough without it ?
7. ' The Papifts (hall hereby be occafioned to renew their old Ob-
* jedions againft Us, Annuas d^ ntenjirHOi ji'des de Lko decemunt. That
* our Faith changeth with the Moon, or once in the Year. Other Re-
' formed Kirks might )u(\ly wonder at our Inconftancy in changing
* our Cof/fejjion without any real neceffity, and that in one and the
' (ame Year it cometh forth larger and more particular, then (horter
' and more general : and our Adverlaries will not fail to traduce us, as
' troublers of the Peace of the Kirk and Kingdom without any nece(^
' (ary Cau(e.
8. 'It will likewife prove a Confirmation of tlieir Error, who think
' they may both fubfcribc the Confejjwn of Faith, and receive the Ser-
' vice-Book^andCanons 5 which is not only a dircft (candalizing of them,
' but alfo a ready way to put a Weapon in their hands againft our
' (elves, who maintain and profefs, that thefe and fuch other Evils are
' abjured in the Confejjion of Faith.
9. * If We (hould now (wear this Confejjion, We (hould be obliged
' by our Oath to maintain Pcr//> Articles, which are the Innovations
' already introduced in the Worfhip of God, and to maintain Epi(co-
* pacy, with the Civil Places, and Power of Kirkmen, becaufe We
* are bound to fwear this Conjejjion by virtue of^ and conform unto the
'King's
Hiftorical Collections.
775
' King's Command, figned by his Sacred Majefty, of the date Septem-
* ber 9. 1638. (the(e are the very words fubjoined to the Confcjpon
'andB^w^, and prefixed to the Subfcriptions). And it cannot bede-
' nied, but any Oath mhiiftred unto Us, mufl: either be refused, or ehe
* taken, according to the known Mind, profefled Intention, and ex-
* prels Command of Authority urging the fame. And it is moft mani-
* feft, that his Majefty's Mind, Intention, and Commandment, is no
* other, but that the Co>;fiJJion be fworn for the maintenance of Reh-
' gion, as it is already or presently profefled, (thefe two being coinci-
' dent, altogether one and the lame, not only in our common form of
' fpeaking, but in all his Majefty's Proclamations) and thus as it in-
* cludeth, and containeth within the compa(s thereof^ the fbrefaid No-
* rations and Epi(copacy, which under that Name were alfb ratified
' in the firft Parliament holden by his Majefty. And where it may be
' obje(3:ed,That the Counfellors have fubfcribed the Confejjion of Faith.,
' as it was profefled 1580, and will not urge the Subfcription in ano-
' ther lenfe upon theSubjefts. We anfwer, firft. The kOt of Council
' containing that Declaration, is not as yet publilhed by Proclamation.
'Secondly, If it were fb pubUflied, it behoved of neceflity, either to
' be repugnant to his Majelly's declared Judgmentand Command,which
' is more than tofwear without Warrant from Authority, (a fault, al-
* though unjuftly often objefted unto Us)^ or elfe We mufl affirm the
' Religion in the Year 1 580, and at this time,to be altogether one and
' the feme -, and thus muft acknowledg, that there is no Novation of
' Religion : which were a formal contradidion to that We have fworn.
' Thirdly, By approving the Proclamation anent the Oath to be ad-
' miniftred to Minifters, according to the Aft of Parliament, which is
' to (wear fimple obedience to the Dtocefin BiQiop, and by warning
' all Arch-Bilhops and Bifliops to be pre(ent, as having Voice and
' Place in the Aflembly, they (eem to determin, that in their Judg-
* ment. The Cof;fcjJieK of Faith, as it was profefled 1580, dothconfift
' with Epiicopacy 5 whereas We by our Oath have referred the trial
' of this, or any other Queftion of that kind, to the General AflTem-
' bly and Parliament.
10. ' This Subfcription and Oath, in the Mind and Intention of
' Authority, and confequently in Our fwearing thereof^ may confift
' with the Corruptions of the Service-Book^ and Canons, which We
* have abjured as other heads of Popery. For this pre(ent Proclama-
' tion, and his Majefty's former Proclamations at Linlithgow, Strivcling,
' Edinburgh , The Lords of the Privy-Council, in their approbation
' of the fame, and the Prelates and Doftors who ftand for the Service-
' Book^ and Canons., do all fpeak plainly, or impart fb much, That
' thefe Books are not repugnant to the Confejjion of Faith, and that
* the introducing of them is no Novation of Religion or Law j and
' therefore We muft either refufe to fublcribe now, or We muft con-
' fefs contrary to our late Oath, and to a clear Truth, That the Ser^
' vice-BooJi and Canons are no Innovations in Religion. And though
* the prcfent Books be difcharged by Proclamation, yet if We ftiall, by
* any Deed of our own, teftify, that they may confift with our Con-
^feJJionofFaith,wkhm a very (hort time,either the fame Books,or fome
* other like unto them, with fome fmall change, may be obtruded up-
' on Us, who by our abjuration (if We adhere unto it) have freed
' both our felves, and the Pofterity of all fuch Corruptions, and have
1 4 Caroli.
Hhhhh 2
laid
( 11^
Hijlofical Collections,
laid a fair Foundation for the pure Worftiip of God in a time
corning.
II. ' Although there be indeed no fubftantial difference between
that which We have fubfcribed, and the Confejjion fubfcribed 1580,
more than there is between that which is hid, and that which is re-
vealed 5 a March-ftone hid in the Ground, and uncovered 5 betwixt
the Hand clofed and open,betwixt a Sword (heathed and drawn ; or
• betwixt the large Confejfion^ regiftrate in the Ads of Parliament, and
• the ^oxtConfcjjion^ or (if We may with reverence afcend yet higher)
' between the Old Tefiament and the Nevp ^ 5'et as to fheath our Sword
' when it (houldbe drawn, were imprudence 5 or at the commandment
' of Princes, profeffedly Popifla in their Dominions, after the Subjeds
' had fabfcribed both Confeflions, to fublcribe the firft without the fe-
' cond :, or at the Will of a Jewifti Magiftrate, openly denying the
• Nevp TeJiamKt, to fubfcribe the Old alone, after that they have fub-
Tcribed both, were horrible impiety againft God, and treachery
' againft the Truth ; Right fo for Us to fubfcribe the former apart, as
' it is now urged and framed,without the Explanation and Application
' thereof at this time, when Ours is rejefted, and the Subfcribers of
' the former refufe to fubfcribe Ours, as containing (bmething fub-
' ftaniially different, and urge the former upon us, as different from
'Ours, and not exprefling the fpecial abjuration of the Evils fuppli-
' cated againft by LU, were nothing elfe but to deny and part from Our
' former Subfcription, if not formally, yet interpretatively. Old Ele-
' azcr^ who would not feem to eat forbidden Meat, and the Confef-
' (brs and Martyrs of old, who would not feem, by delivering fome
'of their Papers, to render the Bible, or to deny the Truth, may
' teach Us our Duty in this Cafe, although our Lives were in hazard
' for refufing this Subfcription. And who knoweth but the Lord may
' be calling his People now, who have proceeded fb far in profeffing
' his Truth at this time, to fuch Trials and Conftilions as his faithful
' Witnefles have given of old; that in this Point alfo Our doing may
' be a Document, both to the fucceeding Ages, and to other Kirks, to
' whom for the prefent We are made a Speftacle.
12. 'If any be fo forgetful of his Oath (which God forbid) as to
' fubfcribe this Confejfion as it is now urged, he doth according to the
' Proclamation, acquiefce in this Declaration of his Majefty's Will,
' and doth accept of fuch a Pardon as hath need to be ratified in Par-
' liament, and thus doth turn our Glory unto ftiamc, by confcfling
• our guiltinels, where God from Heaven hath made Us guiklels, and
' by the fire of his Spirit from Heaven, hath accepted of our Service,
' and doth depart firom the Cconmandment of God, the pradice of the
' Godly in former Times, and the worthy and laudable example of
' our Worthy and Religious Progenitors ^ in obedience whereof, and
' conform to which. We made profeflion to fubfcribe ^ for -there is
' no particular Ad required of Us, to whom the Pardon is prefcnted
' in this Proclamation, but this new fubfcription allanerly.
19. ' The General Band now urged to be fubfcribed, as it contatn-
' eth many Claufesnot fo fitting the prefent time as that wherein it was
' fubfcribed, fo is it deficient in a Point at this time moft neceflary, of
' the reformation of our Lives, that We fhalL, anfwerably to our Pro-
' feflion, be Examples to others, of all Godlinefs, Sobernefs, and
' Righteoufnels, aad of ev«y Duty We owe to God and Man, with-
' out!
Hiftorkal QoUections,
777
' out which We cannot now fubfcribc to this Confejfion^ left We loofc J 14 CaroU.
the Bands to Wickcdnels, fecm to repent of our former Rclblutions
and Proniiies, and chufe to have our portion with Hypocrites j pro-
fcfring and fwcaring. That We know God, but in our Works deny-
ing him, being abominable, difobedient, and unto every good Work
reprobate.
14. ' Since the Narrative of the Ger/cral Band is now changed, and
Come Lines, expreffing at length the Papifts and tlieir Adherents, to
be the Party from whom the danger to Religion, and the King's Ma-
jefty, was threatned, are left out, and no defignation made of the
Party from whom the danger is now threatned, We are made either
to think, that our Subfcription at this time is unneceffary, or to fu-
fptct that We who have fupplicated and entred into Covenant, are
undcrftood to be the Party 5 efpecially fince the Lords of Council
have, in the Aft Septemh. 22. ratifying the Proclamation, found
thcmfclves bound to ufe their beft endeavours. That all his Majefty's
good Subjefts may reft fatisfied with his Majefty's Declaration j fince
alio We have bin (although undelervedly) challenged of Diforders,
Diftraftions, and Dangers to Religion, and his Majefty's Authority^
and fince in the fbrefaid Aft, and in the Mifiive direfted to his Ma-
jefty, the Lords of the Council offer their Lives and Fortunes to his
Majefty, in repreffing all fuch as ftiall hereafter pleafe to difturb the
Peace of this Kirk and Kingdom j which being exprefled in a gene-
rality, is by many applyed to Us, and interpreted of our adhering
to our Covenant. We ftiould therefore, by our (ubCrription of the
Covenant, as it is now conceived, both do direftly againft our own
Minds, in condemning our Selves, wherein We are Innocent, and
ftiould confent to our own hurt, to the (upprefling of the Caufe
which We maintain, and to the reprefling mutually one of us of
another, direftly contrary to our former folemn Oath and Subfcrip-
tion.
15. ' Thefubfcribingof x\i\s Cot?fejJion by the Lords of his Maje-
fty's Privy-Council, who by their Place and high Employment, are
publick Peacemakers ; and by others who have not (ubfcribed the
[zteCotifeJJioM^ will make the Breach wider, and the lamentable Di-
vifion of this Kirk more defperate than ever before i fome having
fworn to labour, by all lawful means, to recover the former Liberty
and Purity of Religion 5 and others maintaining that for Purity
which is already eftabliftied ^ fbme believing and profeffing, that
the Evils fupplicated againft, are abjured in that Covfcjfton of Faith-^
and others maintaining the Conftffion of Faith : And the(e Corrupti-
ons (although for the prefent dilchargcd by Authority} not to be
inconfiftent.
'And befidcs this, many Divifions and Subdivifions will enfue,
to the doleful renting of the Kirk and Kingdom, making way for
the Wrath and many Judgments of God often threatned by his
fiithful Servants, which all the Godly ought to labour by all means
to prevent.
' We reprefent al(b to the Honourable Lords of Pfivy-Councit to
be confidered, that the Doftrine, Difciplme, and U(e of Sacraments
are fworn, and the contrary abjured, according to the Word of
God, and the Meaning of the Kirk of Scotland in the Books of
' Difcipline,
[778
HiHorical Collections,
1
'King's Urge
Declaration,
The S/ini an-
nexed to the
King's t'c»/</"-
yToB ofF'iith.
* Memoircs
Hamilton,
pag. 77-
' DifcipUne, and Afts of Aflembly -^ and that in the Oath there is no
"• place left to the generality of any Man's Conception of the true Faith
*■ and Religion, nor to any private Interpretation, or mental referva-
' tion.
After this was proclaimed, the (^of/fijjicn ofFaith^ as it was at firft
commanded by his Majefty's Royal Father , as alfb the Bar/d annexed,
for defence of the Religion now eftablilhed, and of the King's Perfbn
and Authority, with the Subfcriptions of the Commiffioner and Coun-
cil to them both, do here follow.
As to the ConfelTion of Faith of the Kirk of Scotland^ now ordered
to be taken by his Majefty, it is the (ame * verbatim with the Confef-
fion of Faith mentioned before the Covenant fubfcribed unto by the
Covenanters 5 lb the difference only is in the ^and annexed to his
Mi\]e(ty'sConfcJfion of FuJth ordered to be iublcribed unto, and here
foUoweth:
' T )T 7E underfubfcribing, and confidering the ftrait Link and Con-
'■ V V junction betwixt the True and Chriltian Religion preicntly
'*profeft within this Realm, and our Sovereign Lord's eftatc and ftand-
' ing, having both the felf-lame Friends and common Enemies, and
' fubjedt to the like event of landing and decay 5 weighing therc-
' withal the imminent Danger threatned to the (aid Religion, the pre-
' fervation vvhereof being dearer to us than whatfoever we have dear-
' eft to us in this Life. And finding in his Majefty a moft Honourable
' and Chriftian Refolution, to manifeft Himfelf to the World that Zea-
' lous and Religious Prince which he hath hitherto profefl'ed 5 and to
' imploy the Means and Power which God hath put into his hands, af-
' well to the withftanding of whatlbever Foreign Force fhall mean
' within this Land, for alteration of the (aid Religion, or endangering
' of the pre(ent State, as 10 the reprelTing of the inward Enemies thcre-
' to amongft our felves, linked with them in the (aid Anti-chriftian
' League and Confederecy ; Have therefore in the pre(ence of Almigh-
' ty God, and with his Majefty's authorizing and allowance, fiithfully
' promiled, and (blemnly fworn, like as hereby we faithfuWy and fo-
' lemnly fwear, and promife, to take a true effauld, and p?ain part,
' with his Majefty amongft our ft Ives, for diverting of the appearing
' danger threatned to the (aid Religion, and his Majefty *s State and
' Standing, depending thereupon, by whatlbever Forraiga or Intef^
'tine Plots or Preparations. And tothateffed, faithfully, and that
'upon our Truth and Honour, bind and oblige us to others, to con-
' vene and alfcmble our felves publickly, with our Friends in Arms,
' or in quiet manner, at (uch times and places as we (hall be required
' by his Ma"" Proclamation,or by Writ,or Mc(]age dircfted to Us from
' his Majefty , or any having Power from, and being convened and af-
' (embled, to join and concur with the whole Forces of our Friends
' and Followers, againlt whatfoever Foreign or Inteftine Powers, or
' Tapilis and their Partakers, fhall arrive or ri(e within this Ifland, or
' any part thereof,ready to defend or purfue, as We fnall be authorized
' or conduced by his Majefty, or any others having his Power and
'Commiflion, to join and hold hand to the execution of what(bever
' Mean or Order (hall be thought meet by his Majefty and his Coun-
' cil, for fupprefling the Taprjis, promotion of the true Religion, and
fetling
Hijlorical Collections.
779
' (eding of his Highnefs Eftate, and Obedience in all the Countries and
* Corners of this Realm, to expofe and hazard our Lives, Lands and
' Goods, and whatfoever Means God hath lent Us, in the defence of
' the (aid True and Chriftian Religion, and his Majefty's Pcrfon and
' Eftate, againft whatlbever Jefuits and Seminary or Ma{s-Priefts, con-
' demned Enemies to God and his Majefty, to their utter Wreck and
' Extermination, according to the Power granted unto Us by his Ma-
' jefty's Proclamation and Afts of Parliament, To try, fearch, and feek
' out all Excommunicates, Praftifers, and other Papifts whatfoever,
' within our Bounds and Shire where we keep refidence, and dilate
' them to his Highnefs and his Privy-Council, and conform us to luch
' Direftions as from time to time We ftiall receive from his Majefty and
* his Council in their behalfs. And efpecially fo many of Us as pre-
' (ently are, or hereafter ftiall be appointed Commimoners in every
' Shire, ftiall follow, purlue, and travel by all means poflible, to take
' and apprehend all fuch Papifts, Apoftatcs and Excommunicates, as
' We ftiall receive in Writ from his Majefty. And We the Remanent
' within that Shire, ftiallconcur and aflift with the (aid Commiflioners,
' with our whole Friends and Forces to that effedt, without refpedt of
' any perfon what(bever, and generally to aflift in the mean time, and
' defend every one of us another, in all and whatfoever Quarrels, Ac-
'tions. Debates moved, or to be moved againft us, or any of us upon
' Adion of the prelent Band, or other Caufes depending thereupon ^
' and effalildly join in defence and pur(uit againft whatfoever (hall of-
' fer or intend any injury or revenge againft them, or any one of them,
' for the premifles, making his cau(e and part that is pur(ued, all our
' parts ; notwithftanding whatfoever privy grudg or di(plea(ure ftand-
' ing betwixt any of us, which (hall be no impediment or hindrance to
' our fi'id Effauld joyning in the (aid Common Cau(e j but to lie over,
' and be misknown,till they be orderly removed and taken away by
' the Order under-fpecified. To the which time. We for the better
' furtherance of the (aid Cau(e and Service, have a(rured, and by the
' tenor hereof, every one of us taking the burden upon us for our
' felves, and all that We may let, aflfure each other to be unhurt, un-
' harmed, or any ways to be invaded by us, or any our forelaids for old
' Feidornew, otherwife than by ordinary cour(e of Law and Juftice:
' Neither ftiall We, nor any of our fore(aids, make any Provocation
' or Tumult, Trouble, or Difpleafure to others in any fort, as We
' (hall anfwer to God, and upon our Honours and Fidelity to his Ma-
' jefty.
' And for our farther and more hearty Union in this Service, We are
' content and confent, That all whatfoever our Feids and Variances
' fallen, or that may fill out, betwixt us, be within fourty days after
' the date hereof amicably referred and fubmitted to feven or five in-
' different Friends, chofen by his Majefty, of our whole number, and
' by their Moderation and Arbitrement compounded and taken away. I
* And finally,that We (hall neither direftly nor indireftly (eparate nor
* withdraw us from the Union and Fellow(hip of the Remanent by
' whatfoever fuggeftion or private advice, or by whatfoever incident
* regard or ftay fuch refolution as by common deliberation (hall be ta-
ken in the PremifTes, as We (hall an(wer to God upon our Confcien-
ces, and to the World upon our Truth and Honour, under the pain
to be efteemed Traitors to God and His Maje(ty, and to have loft all
Honour,
14 Car oil.
78
O
WUorical CoUections.
'n. 1658.1 'Honour, Credit, and Eftimation,in time coming. In Witnels where-
L<?^~N/"*'5>-J ' of, by his Majefty's fpecial Command, Allowance, and Protedion
' promiftd to us therein, We have fubfcribed thefe Prefents with our
' Hands at 1 5B9.
The King's Commiffioner, the day after the time prefixed for his
ifiX.\xx\\XoScoiUnd^ -viz. on the 2 3 day of ^epf cwkr, 1638. a0embled
the Council at the Palace at Hallj-Rood-Houfe ^ and firft delivered
there to them this enfuing Letter from his Majefty, dated Septemb. 9.
The King's
Lttter to be
legilheJ.
Se^temk li-
Sfft.^. 16 iS.
The which day Jams Marquefs Bamiiton^ his Majefty's Commiffio-
ner, produced and exhibited before the Lords of the Privy-Council,
the two Miffives under-written, figned by the King's Majefty, and di-
reded to the faid Lords ^ which being read, heard, and confidercd by
the (aid Lords, they have ordained, and ordains the fame to be in(er-
tcd and regiftred in the Books of Secret Council, therein to remain,
\\\ fUttltani rCi mcmO?iam, whereof the Tcnour followeth.
The KjnO's Utter.
Charles 3^,
Sifidt €nt(f}>, &c. "Bciniy certaiitlp infa?mcti, tfjat tfje "Dv
aiamonis uiljicf) IjiUJCljappeitcD of late (botfj mCSutclj anu
ComntoitOLlcaitf)) iit tw out Ancient i^titgDom of Scot-
land, Ijauc muc!) trcuWcH t6e 9^\\M of nianp of out *JI5oon arm
loial €^iit)jcct0 h aim tl)at tljcfc Dtfti-actioitjs Ija^c bin occafionen
upon 3'caloufic0 anti fcat0 cf Snnouation of RcHijfon ano Latus,
a0 tcntinff to tfj: :jntfomi(tfon of l:i>opetp •■> ann itot toiti^out fome
fufpfcion, ais if ©lie our %tm^ voere inclined tijat toa^ (Upon oc-
cafion iMljcrecf, nianp of cur ^ulijccts ija^je of late fubfcrifacti a
Band 0? Covenant fo? pzeferiiluo: tlje ttue Eelijjiou ann latDS airea^
nj) cffalilifljcli, ann fo? tcfcnnino; t&e i^inff'0 ?5erfon, an5 eascI) otfjerjs
m tiefcnce tfjcreoC OBut tijc fame not ijeino; marrantcD tip Eoial au^
t(jo?itt>, a0 tIjat tuijiclj tDa0 in our near jf atljer's Cinie, muff neensi
cf it fclf, be ineffectual ann muclj p?e|uni£ial to tlje sancieitt if o?m
ann Cuaom of i^o^jernment kept Uiitbin tIjat cur l^intjnom of
Scotland : ^l!)ctcfo?e CC^le, out Of cut iubo^u lotie to our Batilje
Ccuntrp, ann fo? obisiatiuff tljcte ccncei^e^ lear^, ann fati^fpinjj of
poll, ann all our lo'uinn; people, Ija^e tijoisffljt ryoon to oinain tlje
Cor feilion of Faith, nun Band t!)trcunta fubjoinrD, Of tlje Date at 1
Edinburgh, Jan. 28. 1 580. ann tignen bp our Eoial f at{)cr,ta be re=
newcni ann to tljat ef&ct lja\3e (jt^cn o?^et to our Commiffioner,
teitf) ennice of our Council, to fit noton aim fettfe fonic foiin courfe,
tufjerebp tlje fame map be fubfcriben bp our Ccuneil, Jiitigesf, i^a0i=
firatco of a^urrouoNfjs, ann ailourotljer l5cop!e of tljat £y'ngnonn
ann fo? fiirtl)er clearing of our ©elf, ©Ueneclare, Cbat as' eilc axe,
ann flier tatie bin fati^ften m our lunffment ann Confciente, fo? tbe
Eefo-meuEelifficnnoU) eftablif^en, annaffaiuil tije Roman, %Qmz
inu'potc bp (Son'0 «©?ace liot!) to libe ann nie in tbe practice cf it,
ann to p^efernc ann mamtain tftc fame i\\ tUll ffrengtlj ann integritp,
acco.niuD: to tbe Latujai of tfjat our Ancient J^ingnom, MW mz
&aije
Hiflorical Collections,
I 78
tia^c t^suffljt fiirtljcr fitttno; to be Gone at t&i'js time coitcernlnff
t\)Z iJaitictiiarsj contained iw oitr ©ubjectjj petitions, pan fljall re
tzM oric fuU picafuce tijcrcin from our CommifTioiiec 5 mto tfjat
tf)!0 cur Declaration, contaimntjour ®elf, ant our pious :jntention
foKetlinn: tljeEcfonmo Ecligion luitfjiu tijat our li^Inpom, mapap
pear to i^oaerttp, iSDur pleafure is, Cljat tfjefc l??e(entj5 be reumrea
m tf)e 1300^0 of CoiutriK
Oatlands, Sept. 9. 1638.
APxr this the Marqueis, and the Lords of Secret Council, do fvvear
and rubfcnbe the Confejjion of Faith, in manner following, dated
Sept. 9.
W€ James Q^atquefiS of Hamilton, €w:\ Of Arran aitiJ Cambridg,
lo?ti Evon aim Evondail, W ^a|eftiJ'd ii^iglj Couimiffioncr ^
attH iMM of W ^aiefip'0 i^jiu? Council unDcr^fubfcribino;, bp Vir-
tue, ann confo?nt to a ©Ilarrant ano Comntannfiuncn bp W Siacreo
^afCitp, of t!je tiate of 9 Sept. 1638. ano refftftreo in tlje OBoohg of
Coii'icil, upon tbe 22 oapof Sept. tlje fain montlj, fujear, ann loitS
ottr fpearts, anti biuubie affections to ^m , Crtitlj, ann ro W
%ds.nxs i^aieftp, fubfcribe t!je Confeffion of Faith, of ana accoJOing
to tf)e Date ano €enour abo^e^fpecifieo h ano alfo reneiu, foiear, anO
fubfcribe tfjc afo?efni3 General Band Of tbe Cenout abobe tr^itten,fa?
p^eftrbation of Ccuc Eeligion, ano maintenance of W S^acreo i^a-
leap's Slutfiontp, accojoinfl; to tlje Cenour tbeteof, ano ficlike, as
ample as tbe fameuiasconccibeo ui fabours of biS ii^ajefip's umtobile
bieaio if atljcr of eternal {^cmo?i), bp tbe faio 'Baiio* Jn 2I.litrtefs
tBberecf,ailc Ijabe fubfcribeo tbcfe p^efents luitlj our ipanosjat Haiiy-
Rood-Houfe,
Septemb. 22. 1638. Sic lubfcribitur.
Hamilton,
Traquair, Roxborough, Marlheal, Marre, Murray, Linlithgow,
Perth, Wigton, Kinghorne, Tullibardin, Haddingtoun, Annan-
dail, Lauderdail, Kinnowl, Dumfrees, Southesk, Belheaven,
Angus, Lorn, Elphinftoun, Napier, Dalyell, Amont, John Hay,
BirTho. Hope, ^ir Will. Elphingfton, Ja. Carmichael, J. Ha-
milton, Blackball.
Likewi(e the Marqucfs on the 22 of Septemb. did publifh his Maje-
fh's Pleafure, That a Free and General Aflembly be indided, kept,
and holden at Glafgon\ the 2 1 of November next.
afmuc!) as it b-Uli pleafto tbe l^inry'S ^ajcnp, out of bis
picus ano religious Diipofition to tlieCrue Religion, ano out
cf fjis f atbcrlp Care fu? remobing of all Doubts, jrears,miti
@)criiplc0, \jiW) map arife in tbe a3inos of Ijis S)Ubicits, fo? p?efer^
oationcf tbeputitptbereof^ anOuponOibcrs great ano tneiLTbtpccn
liberations, inipoJting tbe »©lojp of qpoo, tbe li)eace of tlje Mik anO
Commou^ilealtb of tbiS laingoom, to appouit ano gibe o?Oer, Cbat
a jFrCc General affeinblp be inoitteo, Uept, anO boioat at tljc Citp of
Gbrgow tbe 21 of November nert»€bcrefo?e tbe lLo?os of tbe p?iop-
liiii Council,
14 Caroli.
78:
Hiflorical Collections,
Jn. i6?8. 1 Coimci!, ^tm\^ iLcttcrsi tote Hircrteti, cljargmn; 99itccr0, ariD C)®--
^^t^'^s/^^ ccr0 of armss, to pafss aim mafee pubUcatton fjcrcof, bp open lp?oc!a=
m tton at t!)c Market Ctof0 of Edinburgh, ann t&e |)eati Tuc--
rouffl^ss of tMi3 fivlngtioni, aita otfjec ptacesi nccDfuI ; ann to ttarit all
antJ fimtir)) anl>TBlfl)Op0,'Biajop0, Commiffiouevsof Ei'rk0,f otJ3Ci:0
\)Mm l^lacf anti dlote in tfjc aacniblp, to repair ant) niiBrerg to t&e
rait Cttp of Glaigow, tfjC laiB one ant> ttoCntiCtlj tiap of November
nert to come, aiiis to attenti tije faiti SiT- nibii) "rnxxm tfjetimc tJjercof,
aiiD ape ants luIjiJc t|)c fame be tiiOoIbco. auu ta Do anti perform all
U3bic!) to tljeiu QTbargefi in fucb Cafc^ appcrtaineiDj m tfjep loiil an=
fUJer tljc contrarp at tijeir l)i!ib€a periU
Immediately after this, Proclam^ition was made for the Indidion of
a Parliament to meet at Edjnlwgh the I5ih of May.
ti5l)i£l) map arifc \\\ tbe S^intJS of ti0 ©ubjectii, U\ p^rfeibation of tije
puntp tijerecf, anD upon Diljer^ otner great anti lueigbtp Caufe0,
impG?tino: t!je eiorp of t©oD, tlje ^mx of tlje Etrlt, raitJ Commai^
mzm\) of tljiiBi minpom, to appoint anti giije oiner, %^^ x\)z €)a=
ijeratgn anti ii)igb Court of parliament, fljall be Ijolsen at tije Cit^
of Edinburgh upoH tije fiftcxntij Hap Of May nejt to come, &itb ccn=
tinuatiott of caps, Cijereff^re tlje Loiti^ of g)ecret Council o^Saai
letters to be biretfcti to S^a^ersi anti €)fficer0 cf arn!0, Cijargmu
tijem to paf0 to tije SparketCrof^ of Edinburgh, anti otijer placet
ineecfu!, antit&ere bp open piociamaton to malie puliication of tfje
\ bolQing cf tfje faio Parliament 5 anti to tuam all atm funarp Boblc^-
I men, li^jciate^, anti Commidioners foube iaron0,ano Burrcugijg,
I anti all otljers babtnn; tloice anD li^Jace in tlje faia Parliament, tfjat
tbep anti ebcrp one cf tbcm, in t!j;ir nioft necent ann comelp mannix,
make tfjcir Stiorefd to tijc fasti Parliament, auiait mw attena tfjereat
buring tlje time tijerecf, nnb to binijariye thit Dutp tybicij 10 inrum=
bent to tbem, auD eacij one of tljeui, a^ tljcp tuili anf\i3ct on tijc £an=
1 trarp at tbeir bigljeft peril
And laft of all was publifbcd artd proclaimed, the Ad of the Lords
j of the Council, requiring all the King's Subjcfrs to fubfcribc the Cok-
Ifcjjion ofFahh^ and Butid annexed, as followeth.
Septcfffber 24. 1658.
A Warrant
figned by the
King the 9th
oiSefietnLer,
ordainmg the
fwearing oi the
Confejjion.
|)e tobiclj Bap a Boblc (Sar , James r^arquefy of Hamilton, ^arl
of Arran auii Cambridg, bi^ ift^afifip's Couimifficncr, babitt3;
p obuccti a'.'.ti crijibiteti before uz lqM ct cijc %tixtt Counci!,
iupou tie twentp feconb tap cf tiji^ iiiciant, a iuaarrant Ogneb bp !ji0
' ^aieRp, of tbe bate of tbe nir.tb of September inHant •■, ioberem
among otbcr of W t^aicftp'0 <S5^aciai0 anb Eoiai Ci:p2ellii^tt0 fo?
pieftrbation of tbe puritp cf Religion, anb bue obebiencc to W ^a-
ieftp'0 ^utbo?itp in tbe mamtenanre tbercof, W !i|3aieflp i^i^ mM
anb ©ibain, tljat tbe IOS10 tbcmiilbe^ Ibculb fuiear tbe ConfeiRon
1 anb General Band mentioneb in W ^a|eflp'0 faib Mlarrant , anb
I alfo
I - - - - - -- - ■ >. ■ -_.-__■_ ^,,^. jkJmi M . J-ri-K.—^
Hijlorical QoUections,
783
alfo fliouin take fucf) 02ticr, m all Iji's S^ajcffp's licffcsi map ftifafcrtbc
t!je fame. ^uD tfjc faiD lo^nsiof I1jc ecccet Councii ackiioiDlcouinff
W ^aienp'^ piou0 aim ffracioiijs Difpofitioit aim affection to t&e pu=
ritp of toon's Cnitfj, tto, upon tlje tujo aim tuientictf) of September
inftant, unanimottap, luitlj ail ijumWe, fjeattp, aim fincerc affection,
ftoear anti fiifafctilie tljc ConfelTion of Faith, Dateu tfte fecoim of
March 1580, acco^tiinQ; a0 it uwsi t^eit p^ofefleti Uiitljin tfjis jtAinffUom^
tOffetfjer toit!) t()efO?efain General Band, tiatCD in Anno 1589, 3nD
vm to tijat effect, tijat all W ^a^effp'ss lieiye^ map ffiue tfjc Mkz £)-
betJience to W ^9aieRp'0 fo picnsj a tiefite h tf)crefo?e tlje faiD ILojOjs
ftaije ojuaineti, ami ojDainsi, tljat an W ^aieffies lieges, of tn&at
(oeuet (£ffatc, Degree, o? Clualitp, Ccclefialfical 0? Ciiiil, m ftueat
ann fuWcribe ti)e famConfeffion, eaten tijc feconD of March, 1580.
^mi t&at accosiine; to tfte fain Date anti Cenoiit tljeteof, ano as it
inajs t^m pjofeOitDitfjin tW fcinffDom, touet&ec UJitij t^efam General
Band, tiateD in Anno 1589, ais tljep Ml anfiDet tlje contrarp upon
tljeic ©beDience 5 aim o?tiain0 C)fficers at acmsi to pafsi to tlje ^ar-
ket-CrofjS at Edinburgh, to ttiafee publication bereof, aim at all otfter
Placet neetiful, tuljetetfjioufflj none can p^ctenn ignojance of tbc
fame*
^n AB of the Secret Qounctlj approVmg the Kjng's difcharge of
the Service-Book, e^rc.
^e !Lo?t!0 of Secret Council babinn: reati, aim mamrefp cottd-
neret!|)!!3i^afeffp'0 Letters, ann particular Dalaration of ^iss
Ipleafure ancnt tlje anuUing; of tije s.^rvice-bo ik, 'Bii^^ of Ca-
non?, ann High-CommifTion, mic'iargiiiff t&e pjeffuig of tbe practice
of tbe five Articles ; making; all perfon^, ^rcMu;; ick oi Cibil, of
tDl)at Citle OJ Degree fociier, liable to tbe Cria: m. Cenuire of }5ar-
liament, (general arcmblp, anu acfjcc 3futiicato?iei5 competent, anent
tbe not abrnininring to ^sniffets at tljeir €ntrp nm> otljer C)atl)>
tljan tbat luijicb i^ containeb in rbe M of l,t>aeliame'nt, anent tbe
fubfctiblug nit3 renetBing tlje Confcirion of Faith, fubCctibeb bp bii3
spaiei;p'0 latljer,of blcfleb $^emo?p,atm Ijis rpGu(bom,in Anno 1 580,
aim Band following tbereupon, anent tbe iimiction of a (General 30
femblp to be Ijoloen at Giafgow tbe 2 1 of November, 1658, anbpar=
iiament at Edinburgh tbe fifteentb bap of May 1639, anb anent 'i^x^
gracious ^ocbncf9 in forgetting aim foigibing all bp gon0,anb an iw
biction of a Faft, fo? crabing ODOb'iS bleffing to tbiis aflcmblp 5 finb
tbemCclbesi fo fullp fntiofieb tijereiDitb, aim tbe fame to be fati0facto?p
foirenmbittg all tbe Jfear0 of tbe S>ubiect0 anent Jnnobation of Ee=
ligion 0? Iaui0, tbat lUt bolb our felbc0 bounb in Dutp, not onip
to acciuiefce tbereuiitb, a0 tbe beft mean to (ecure botb iReligion anb
latD0, but alfo to ufe cur befl enbeabour^, tbat all W !^ajeffp'0
©oob €)iibicct0 map Itkeiuife reft fati0fieb tberctoitb h anb tbat tbcp
ttiitb 210, aim mz toitb tbem, map teffifi) our tbankfulnef0 fo? fo
great a ^mt anb (©oobnef0, toitb afl tbe beartp ej;p?effion0 of Dip
tifulnef0 anb loiattp. anb tbat our true fenfe bereof map tbe mo?e
dearlp appear to our ^acreb ©oberaign, aBe bo bp tljcfe Ijumblp
anb beartilp make offer of our libe0 aim jf o?tune0 in befnming aim
affifting of W ^ajeftp'0 €>acceb perCbnaim autbo?ttp, in tbe main=
liiii 2 tenaitcc
Stpt. II. 1^38 .
784
Hi^orkal Collections,
An \6^'^Mt\\iiX\lt of tljC fO^faiH Religion anU Confeffion, attU tcpitffiltg all
fiicO n0 fljall Ijcrcaftct p^f? to Dimii'b tfjc l^eacc of tljiis l^ick attti
EingDom.
jtt e;(:iitiicf£j toftcrcof, Mt Ija^e ijearttip attn frrelp fubfcribct! tbcCe
l^?Cfcnt0 lUltl) our JpmiDSi at Hally-Rood-Houfe, tljC2 2 Da? of Sep
tember, 1638, bp tljC IgJetfOltSS ut fupra.
The Letter of the Secret Council, giving thanks to the
King for his dilcharge of ih.^ SerVice-'Booky &c.
Mod Sacred Soveraign,
[F ever Faithful and Loyal SubjeQs had reafon to achpoveledg Extraordi-
nary Favours JJjOTVn to a Nation^ and in a moji fubmijjive and hearty
manner^ give real demonjiration of the Grace vouchfafed, then do We of
ycur Mdjejiy's Council of thh your ancient Kingdom itnanimoufly fro-
fcfs^ That fuch Acis of Clemency vouchjafed TJs^ camiot proceed from any
T^rincCy faving him who is the lively Image on Earth of the Great God,
^Author of all Goodnefi fir return of Jo tranfcendent Grace^fortiped veith
the real Exprejjions of unparalleid Piety^ Roial inclination to Peace and
univerfal Love 5 not only to thofe of Our number, but likevpife to all your
Majefiy's Loiul Subjetls^ We do all in one Voice, with all refcntment can
be imagined, in all humility, render our moji bounden Thanks, and offer
in Teflimony of our full fatisfaSion and acqitiefcence herewith, to facri-
fice our Lives arid Fortunes in feconding your Sacred Maje^y's Com-
mandments, and reprejjing all fuch as fjjall hereafter prejs to dijiurb the
Peace of the Kirk^ and Kingdom. And for fame fmall f:gnipcation of
our alacrity and diligence in your Sacred Ahjelfy's Service, We have all,
without the Icajl Jljadow of any fcntple, fubfcrwed the Confeffion of
Faith, and Band, appointed to be received by all your Maje^y's Loial
Sul Jeffs, fince the A<yl pa fed m Council, rcith our other Proceedings, which
We do niofi humbly prejent to your Roial view j and We befeech your Ma-
jesty to be pleafed, to be perjuaded of the inviolable devotion of all her
Subfcrihers^ tcho do all in humility pray for your MajeUy's happy and moji
fiourijlmjg Raign, by the Perjons ut fupra.
TheLetter of theProvoft, Bailiffs, and the Council of
glafgowj giving thanks to his Majefty for the difcharge
of the Seryice-'Booky &c.
Mod Honourable, and our very good Lord,
HAziing received a Letter dire&ed from your Grace to Us, with this
Bearer your Grace's Coufin ; and having read the fame, and heard
and weighed his (^ajeUy's Gracious T^roclamaticn, which was this day
proi Itimed within tl:is City, to the great Joy of all the Hearers, We can-
not but praije Godf who hath endued his Sacred Maje^y, our dread So- I
veraign, with fuch Wifdom, Piety, Clemency, and Fatherly Care of this
Church and Kingdom, and pray God for a long and happy Raign to his
Sacred ^/Ujesiy, and his higheti Pojierity over TJs and fucceedwg Gene-
rations, and JImU ever endeavour to approve our felves his CMaJe^y's mofi
Loial
Hiftorical £olkctions.
Loial Sitl'JcCfs, atrd rvrjjj from vtir Hearts^ all Happinefs to your Grare^
and Graces ;/,rJ} Noble Family^ for the veell-mJInKg to thh City^ and efbe- \
dally for the great pains tuk^n by your Grace info Toeigkiy Imploimcnt^
hoping and praying to God, that the fame may obtain the wifxd for ac-
compl/fiment, and full ever remain.
Glafgow, this 2j\th of
Septemb, 1638.
Tour Graces mofl Humble
and Obedient Servants,
James Stewart, Provof.
John Anderfon, Bailif.
Colme Campbell, Bailiff.
Ninian Anderfon, Bailiff.
Gabriel Cunningham.
William Stewart.
Mat. Hamiltoun.
Colme Campbell.
John Barnes.
Richard Allane.
Walter Stirling.
Gavine Nefbitt.
John Anderfon.
Robert Homer.
Patrick Bell.
The Letter of the Minifters to the fame effect.
Moft Honourable, and Our very Good Lord,
HAving received the Letter direCfed from your Grace, and having
heard and ronfidered his Majcjiy's moft Gracious Proclamation, pub-
lijf}cd this day in this City, with joiful Acclamations univerfally of the
lie in rs, Hf We of the Minifry and Univerfity of Glafgow, rcho were
frefti.t, with great contentment and joy of Heart applauded thereto --y and
do praife God, who hath injpired our Dread Scvcraign with fuch Wif
dom, piety. Clemency, and Fatherly Care of this Church and Common-
wealth of this Kingdom, as is abundantly manifejied in the faid Procla-
mation 5 fo We would gladly tefiify, by what means We can, our thank-
fulnefs'to his Majesfy, our Crown of Rejoicing, and the Breath of our Na-
Jirils : Not omitting our bounden Duty to your Grace, whom God and his
Mjjefy hath appointed fo fit and happy Inflrument in this great Errand,
for your lingular Prudence, rare Piety and Zeal to God, your l^rince,
and Cciivtrj, and incredible pains in this honourable and weighty Imploi-
ment '-, which We pray God may fill profpcr in your hands, until it be
brought to a full and blejfcd conclufon, being willing for out part, to con-
tribute what lieth in our poor power, by our earneji Prayers, and beft
Endeavours.
Tour Graces mofi Humble
Glargov/,Sept.24.
1638. and Obedient Servants^
e^r. Blair.
Jo. Strang.
John Maxwell.
Will. Wilkie.
Pa. Maxwell.
John — '■ —
<^r.Ro. Wilkie.
<^r. Maxwell.
J^r. Bell, younger,
e^r. Ja. For fy the.
7S5
14 Caroli'
Sefttmh. 24.
The
786 \
HiJloYical Collections,
An. 16^8.
The Mitijucis
pvomotes the
Pioclamation
and Confeflion
of Faith.
TheCovenan-
ters ftilop pofe
the Confeflion
Fiith.
The Marquefs
confults the
Nullities of
the Afllmbly.
The Marquefi at this time writ to all the King's Friends throughout
Scotland^ to fee his Majefty's Proclamation publilhed, and to get in as
many Subfcriptions to the Confeflion of Faith as was poflible, and to
have an eye to theEleftion of Commiflioners to the AJfembly^ that they
be well confidered of in order to this Service. The Marquefs did che-
rifti Marquefs Hiwtly, and the Doftors of Aberdeen, who were well-
affefted to his Ma jefty ^ and the faid Doftors the bnly perfons then in
Scotlaml fit to undertake the defence of Epjfcopacy.
Many did at firft: offer to figne the Confeflion, which tlie Cove-
nanters perceiving, they endeavoured to perfvvade the People that all
this was done only to avoid the prefent Storm, which would be no
fboner calm'd, but they might exped wdrfe ufage then ever, and with
this they added a gre^tt many Reafons to perlwade all that it was Fer-
hiry for fucf) at had taken the Co-vc^iafit^tb Sfgn the King's Confcjjion.
The:Marquefs feeing how things were carried about Eleftions, bc"
gunto draw up the Nullities of the ^Ajjcmilj^ (ending the particulars to
the King as he had them, adviflng his Majefty withal to go on more
frankly with his Preparations, fince he faw it impoflible to prevent a
Rupture at Glajgoiv.
At this time the King's Declaration for fublcribing the Confeflion
of Faith was publiflied throughout all the Shires in Scotland, infome it
met with Proteftations from the Tables.
And upon Ocfoher ph the Bifliops and Doftors o£ Aberdeen figned
the Confeflion of Faith with thefe Reftriftions following.
' Firfl:, We do heartily abhor and condemn all Errors truly 'Vopijlj^
'or Repugnant to theholy Scripture, and confcquently totheUni-
' form Doftrineof the Reformed Kirks, and to our National Confefli-
' on,Regiftred in Parliament, An. 1567.
'2. We do no ways hereby abjure or condemn Epi(copal Govcrn-
' ment, as it was in the days, and after the days of the Apoftlcs in
'theChriftian Kirk for many hundred of years, and is now conform
' thereto reftored in the Kirk of Scotland.
' 3. We do not hereby condemn nor abjure the five Articles of
' Perth^ or any thing lawful of that fort which fliall be found by the
' Church conduceableat any time for good Policy and Order, or which
' is praftifed by any {bund reformed Kirk.
' 4. We ftill hold to that Claufe of our great National Confeflion
' ('Chap. 20. Art 21.) that the General Councils, and confequentlythe
' National Kirk of Scotland, have no Power to make any perpetual
'Law, which God before hath not made.
' 5. By the adhering to the Difcipline of the Reformed Kirk of
' Scotland, we mean not any immutability of that Presbyterial Go-
' vernment which was .//;/. 1581, or of any humane Inftitution : hut
' we do hereby underfl:and that the Ecclchafticaljurifdiftionand Di(ci-
' pline of the Kirk of Scotland doth not depend on the Pope of Rome,
' or any other Forraign Power :> and hereby we do confcls our con-
' ftant Obedience to the Kirk of Scotland in all her lawful Conftituti-
ons.
'6
We do not prefume by this our Perlbnal Oath, either to pre-
' judge the liberty of the Kirk of Scotland, to change and reform this
' forelaid fliort Confefliion in (bme Ambiguities and obfcure exprefli-
' ons thereof, whereupon fbme Men have builded inconvenient In-
' terpretations and Doftrines, or to exime our (elves from Obedience
' to the Kirk in that cafe. 7. By
Hfjlorical QoUections.
I 787
* 7. By this our perfbnal Oath we do not take upon us to lay any
• further Bond upon our Pofterity, than the Word of God doth, re-
■ commending only our Example to them lb far as they (hall find it
agreeable to God's Word.
' In this fence as is faid,and no Otherwife do we fubfcribe the faid
' Confejjion and the General Bond annexed thereunto at Aberdene^
Signed,
^d. Aberdon^n.
John Forbes, D. & P.of Div.
^/. T(o% D. D.
Ja.Sibbald, D. D.
Al. Scrogie, D. D.
Will. Leffey, D. D.
The Marquefs was prefled by the Bilhops to prorogue the ^jjembly,
with which he acquainted the Ring, who writ to the Marqucls,
' That he fhould receive a particular Anfwer by my Lord oiCar.ter-
' kiry of all his Propofitions touching the Aflembly. As for the opinio
' onsof the Clergy to prorogue this4/^w/'//,his Majeftv utterly diflik-
' ed them,for thit it would more hurt his Reputation by not keeping
' it,than their mad Ads could prejudice his Service:,wherefbre he com-
* manded the Marquefs to hold the Day : But ( as the Marque(s writ )
' if he can break them by proving Nullities in their Proceedings, no-
' thing better, Laftly, concerning ^Jpjfors, his Majefcy likes their
' Names, and (as the Marquels writ) he mnjl not fiiffcr his ^ajeliy to
' lofe hk Privilege.
In the endo{ O^ober the Earl of Rothes, with the Other Covenanters,
petitioned for a Warrant to cite the IBiJhops to appear before the Ajfem-
hly. The Marque(s anfwered, the Law rvas open for citing all fuch as
were either within or without the Country 5 but for him to give
Warrants for that Procedure, was without Precedent, and fo could
not be granted ^ for it was enough that he did not proted them againft
Trial. Whereupon the Covcna^rtcrs addrefled theirsftlves to the Pref-
bytery ofEdinburgh^ who gave Warrant accordingly for a Summons :
but tho{e whole Judgments were for Epilcopacv, laid it was a raoft:
fcandakus Snmmons that ever was heard of in a Chriftian Church, all
the Bifhops being cited as guilty oCHereJj, Simon)/, Perjury, L;ceji, ^-
duliery. Fornication, breach of Sabbath, ^-c. and they ordered this to
be read in the College Church of Edinburgh after Communion, and or-
dered to be read in all Churches in Scotland, which was accordingly
done. They alfo lent Orders through all Scotland to learch into the
Bifhops Converlations, that all their Elcapes and Faults being gathered
together, and WitnelTes cited to Glajgovp, they might find pretence of
Juftice againft the Bifhops.
Upon the lirft of November, the SeJJion or Term lat down at Edin-
burgh 5 and the MarqueG having dealt with all the Lords of the Court
before-hand, went thither to get them fign the Confejjwn of Fa7th,and
at length nine of fifteen figned it 5 two were abfent, and four refu-
nd, but thofe who figned it, durft hardly walk the Streets.
Tl^e
14 Car oil.
The King a-
gainft proio-
ouiog the Ail
fembly.
The Covenan-
ters move the
Marquefs for a
Warrant to
die the Bi/hof>t
to appear; but
he leaves them
to the Law.
The Sefiion fat
down at Edjn~
turfh.
Moll of the
Judges fie"
thcConfe^ion.
788
Hi^orkal Collections.
^n. 1638.
"Durham ff.
Auguft 6.
The Marquefs having received his Inftrudions as to his deport-
ment at the Affembly appointed to meet at Glajgowj and the King ha-
ving perufed the Speech the Marquefi was then to make, he began his
Journey towards Glafgow on the i6tho{ November^ and required the
King's Advocate to prepare himftlf there to defend Epifcopacy to be
according to the Laws of ScotUfid 5 but his Anfwer was. That ;"/ tvent
againji his Confciettce fo to do, and that he judged Epijcopacy both con-
trary to the Word of God, and to the Larvs of this Church and Kingdom ,
So he prevailed with the Advocate not to go to Glafgow.
On the I yth of November the Marquefs arrived at Glajgovp in a
quiet and peaceable manner, none of the Train carrying with him
any prohibited Arms 5 there met him a Letter from the Bifhops of
Rofund Brechin, informing him that they had given Dr. Hamilton
Direftions and Deputations to aft on their behalf, and that his Name
is inferted in the Procuratory, which is in the clofe of the Declina-
tor •■, and defires the Marquefi, That the Proteftation that they have
prepared and lent, may be fecretly kept, and feafonably prefented,
before either the Caufe, or they that are BiQiops fufFer wrong. There
met him all the Privy-Council, except the Bifhops, according to a
Letter which the King had writ to them, to affift him at the time of
his being there, with their beft Concurrence and Counfel.
We defire here leave to break off as to Scotip Affairs, becaufe
the Account which we give of the Proceedings of that Aflembly,
and the fubfcquent Paffages afterwards, are of fome length : and
therefore to divert the Reader, we will return to Affairs in England ',
and firft to mention the Trial oiClaxton and Lilhurn, which was omit-
ted in our ColleCfions in Auguji iaft.
(^Iph Qaxton, Demandant,
^chard Lilburn, Tenant,
Before Judg 'Barhjey,
THE Demandant, the firft day of the Seffion or Court of Pleoi^
the 6th of Auguji^ did appear about ten of the Clock in the
Forenoon, by Richard Matthew his Attorney, and brought in
his Champion George Cheney in Array, who caft his Gantlet into the
Court with five fmall Pence in it.
The Tenant likewife appeared by William Sedgwick^ his Attorney,
and brought in his Champion William Pez'erell in Array, who caft his
Gantlet into the Court with five finall Pence in it.
After fome examination of the Proceedings in the Caufe, the Par-
ties and their Champions were adjourned tiil three of the Clock in
the Afternoon of the fame day.
At that hour the Demandant was called, and appared by his At-
torny with his Champion. So did the Tenant and his Champion.
Then after Difcourfo had of it by the Judg, and fome examination
of the Champions, the Judg did adjourn them over till eight of the
Clock on Tuefday the jth Inftant. At which time the Parties and
their Champions appeared as before, and were adjourned till three of
the Clock after Dinner. At
Hiftorical Collections.
At which hour the Parties and their Champions appeared, and were
adjourned over till Wedmfday at eight of the Morning.
At which day and hour the Parties and their Champions appeared
as before, and put in their Pledges (as at the Court holden the jth
o£Jtdy) to appear at the next Court oi^ Pleas to be holden the i ph of
September next.
Memorandum :, That the Champions were committed to the cu-
ftody of two Bailiffs, by direftion of the Judg, and continued in their
hands until eight of the Clock on Wednefday the 8/A of Augufi^ when
they put in their Pledges to appear at the next Court.
The 15/A o^ AnguU 1638, I received this Copy from Mr. j^c?/&«
Stephen,
John Morland.
(oncmihig Claxton andlAVouxn their Trial by 'Battel,
HIS Majefty this day fitting in Council, was made acquainted. That
there had bin (everal days appointed for determining by Battel
the ^eSfion of Right, which had long depended between Chxton De-
mandant, and Lilbitrn Tenant, for certain Lands in the County Palatine
of Durham. And that by the late Appointment, the fame was to be
tried by the faid Parties Champions the 2 2 Decemb. next. It was by
his Majefty ordered, That the Judges of that Circuit, upon conference
with their Brethren, (hould be thereby prayed and required to take
the fame Cale into due and ferious confideration 5 and if they could
find any juft way by Law how the {aid Combat might be put off, and
the Caufe put into another way of Trial 5 for his Majefty, out of his
pious care of his Subjeds, would have it fo, rather than to admit of
a Battel. But otherwife, lince Lilburn had a Judgment upon a Demur-
rer again Claxton^ and alio Cods from the Board for his Vexation, and
fincethat Claxton had brought a new Aftion, upon which Lilburn had
waged Battel, his Majefty would not deny the Trial of Laws, if it
could not be legally prevented.
Afterwards both Parties brought their Champions into the Court of
Durham, having Sand-bags and Battoons, and fb tendred themfelves in
that fighting pofture : But the Court upon the reading the Record
found an Error in it, committed by a miftake of the Clerk, ( fome
thought wilfully done) whereupon the Court would not let them join
Battel at that time.
Thus did the Court feveral times order to avoid Battel by deferring
the Matter, though Champions on both fides were ever present in
Court at all Meetings to join Battel
This proved an Onten to what the next Year produced, by a grea-
ter appearance of a Battel, when the King's Army was at the Camp at
Berwick-, and the Scots on the other fide of Tweed, yet both Armies
parted alfo withou-t Battel.
This Richard L7llurn Tenant in this Caufe, was Father to John
Lilburn, who was Cenfured in Star-Ckamber.
Here followeth the Opinion of the Judges in this Caufe of Trial by
a Battel, upon a Writ of Right.
Kkkkk
Claxton
\ ^ Carol j.
t
790
HisioYtcal Collections.
^». 1638. 1
Judges Opini-
ons as to the
Tiial by Bat-
tel between
CUxtcn and
Direftions to
the Lord Lieu-
tenants Con-,
ceniing the
Trained
Bands.
Ciaxton yerjus Lilburn.
Jf Writ of ^^ht in Durham.
' '■pHe Tenant waged Battel, which was accepted 5 and at the day
' A to be performed, 'Berkley Juftice there, examined the Champi-
' ons of both Parties, whether they were not hired for Mony ? And
' they cdnfeffed they were : Which Confeffion he caufed to be record-
' ed, and gave further day to be advifed. And by the King s diredi-
' on, all the Juftices were required to deliver their Opinions, whether
' this was caufe to de-arraign the Battel by thele Champions ? And by
' Bram^one Chief Juftice, Davenpm-t Chief Baron, Detiham^ HhUon^
' Jones^ Cool{_, and other Juftices, it was fubfcribed. That this Excep-
' troN coKWig after the Battel gaged^ and ChaKipioju ulloTvcd, and Sureties
' given to perform it, ought not to be received.
' 'TpHe ufual Direftions of the Board heretofore given, and efpeci-
' A ally of late Years, concerning the Trained Bands of this King-
' dom, have bin lb full and exad, as might make his Majefty and the
' Board confident, both of the fufficiency of your Arms, and of the
' skill and readinefi of the Men that are to u(e them. Neverthelefs,
' left the aforefaid Direftions and Commands ftiould not have bin fo
' cffeftually purfued as was required and expefted, his Majefty in the
' watchfulnefs of the defence of his Kingdom, and for the (afety of
' his People in thefe times of Aftion, hath fignified his exprels Will
' and Pleafure to be. That inftandy, upon receipt hereof, you caule
' an exad View and Mufter to be taken and made of all the Arms and
' Trained Forces, both Horfe and Foot, within the County of
' under your Lieutenancy -, and to fee that the faid Arms be fervice-
' able and compleat 5 And that by the Mufter-mafters, and other fit
' and experienced Officers, you caufe all the Trained Souldiers of the
' aforefaid Count)^ to be forthwith trained, and perfeftly inftruded
' in their Arms, and the like courfe to be continued from time to time ;
' and that the Commanders and Officers apply themfelves alio to know
' and perform the Duties of their feveral Charges ; And that you take
* efpecial care that both Commanders, Officers, and Souldiers, be ve-
' ry able and fufficient Men. That you take order, that all the Trained
' Bands be fe) in readinefs, as to be fit to repair to their Colours, or
'■ place of Randezvous, which fl:iaU be affigned them, upon any occa-
' fion, with their Arms and Provifions, upon a days warning. And
' that ail the Able Men within that County, befides thofe of the
' Trained Bands, from the Age of fixteen to threefcore, be alfb liRed
' and inroUed, that upon any fudden Occafion, luch Levies may be
' made likewife of them as (hall be required ^ and the Copy of the
' faid Lift, or Inrolement, to be forthwith returned to the Board.
' That you deal ferioufly and effeftually with the better fort of Men,
' to provide themfelves with Arms for their particular ufe 5 to the
' end, that with the help of thoic, and fuch other Arms and Weapons
' as (hall be found within the aforelaid County, as many of the un-
' trained Men as is poffible, may (as there ftiall be occafion and dire-
'reftion from his Majefty or the Board) be alfb furniftied and exer-
' cifed.
Hijlorical Collections,
791
' cifed, and reduced into Bands under Captains and Officers, That
*your Lordftiip take efpecial care, that the proportion of Powder,
* Match and Lead appointed for that County refpectively, be forth-
' with provided and put in Magazins, to be in readinefs upon all occa-
' fionsof Service.That you caufcthe Beacons to be forthwith made up
' and repaired with provifion of Wood, and other Materials requifit
* to be in readinefs, to give Fire unto them, and to caule them to be
' diligently watched by dilcreet and fufficient Men. That you ap-
' point fome able and meet Perfon to be Provofk Marfhal within the
' aforefaid County, (for the apprehending and punifliing of fuch va-
* grant and idle Perfons, as live not in any lawful Vocation, and in
' Times of Sufpicion or Trouble may by Tales and falfe Rumours di-
*'firaU the Peoples minds 5 or otherwife in fad to commit Infolencies
' and Outrages. And to the end that we may be duly and fpeedily
* informed of all fuch things concerning this Service, and which are
* neceflary for Us to underftand for the advancement thereof^ and the
* applying of fit Remedies where any Defedts (hall be found, We do
' pray and require your Lordfhip to give us an exaft Account of the
' ftate of the Forces of theaforefaid County, and of the performance
' of thefe our Directions with all poflible diligence and expedition.And
' fo we bid, &c.
Pojlfiript.
' Where your Lordfiiip (lull find it inconvenient, either in refpedt
' of -the un(eafonablene(s of the weather, or any other confiderable cir-
' cumftance, to draw together from remote places, and to exercife
' the Trained Bands in compleat Bodies, We leave it to your dilcre-
' tion, (povided that the work be fufficiently done) to take view of
' the Arms upon the place or places, and to exercife the Men apart,
' and in fmaler Bodies within their feveral Divifions.
Charles Rex.
R3!n;f)t %n\^ annEiiiljt e:(HclticIoi3P.tJ Coufin, 2He ffrcctpotitoclU
C^e late Difojticr^ in JDutEcaim of Scotland, bcpn upon p?c--
tsiKZ of Eeligicftt, but noui appeacinn; to Ijauc been raifeiJbp jfactious
fpiritsf, anH fomcnteD bp fonie feU) III anti trattcrouflp afftiTcH pacti'cu'
lac (3crftinjj, U)!;ofe aim t)at!)faccnbp tcoubling tlje peace of tDat out:
t^iniytiom, to luoik tljcii- oiun private ciUJis, ann intieeii to lljake off all
^onatcfjial <©otiernment, tljouuft ©Ue ftaije often afTureU tfjem, t&at
mt refoliiet! to maintain conffaittlp t&e Eeligion eflabliiljeD bp tbe
laU)0 of tijat 3ii\ingi3om, \% notu groinen to tljat beiffbt ann oanijecousi
ronfcquence, tbat unncr tbofc finiftci: pretences, tijep baije fo fat fC'
tuceD nianp of out people tljete, a0 great anti confinerable jforces
are raifen aim aflcmbleri \\\ fucij fo?t, m toe baije reafon to take into
confineration t^t Dcfience anH ©afetj) of ttisi Eeaim of England ^ aim
t&ercfo?e upon tue anH mature confultation toitfj tbe lo^ojs of our
Council, ©lie |)a^ refdlijen to repair in our Eoial perfon to tbe
JI5o?t!)ern pnrtsi oftljisiour Eealm, tbere (bp tbebelp of aimigljtp
(Soo,antJ tte aCTiftance of our fi;cDti2)Ub|ea!S) to make rififtancc agamft
anp Jnuafiton tljfrt map happen*
ami to tl)e enn tbat tw Crpenition, map be a0 effectual as toe Twr^
fign, totSe <©lo?p of ^oQ^ tbe !i)onour ann faCrtp of ass, antl of iW
K. k k k k 2 our
14 Caroli.
Jdn. 16.
Tl eKingslej.
tcr, Certifying
his Refolution
of going in
perfon intothe
North with an
Army againft
the Scats, di-
rcifled to moft
of the Nobi-
lity.
IT-
HiBoYtcai CoMecttonf,
M. 16^8. 1 mt fain i^ingoom of England; mt Ijsne tJlcctra t&at a caiiftncraKc
uA/"^^ arnip botl) of t>o?fe anti fiot, fijouiti be fctrt'otottij Ici3if5 oat cf all tlje
S)iitw6 to attena m iw ^M Slction, tdljcrciu tuc itotljijuj ti3«lit, but
tl)c affcctionj imeiitp, aim Cotitniye of our people JljaU iBiU p^j^
pear.
3tt tijc mean time, sm Ijatie tlicugljt fit, Serebp to ffiije pou wa^
tire of tljig out Eefoiution, ano of tfje ftate cf our affairs, ann UJitI>
all |)erfbp to require ^oti to attenu £)ur Ec})al perCan anB
etanHarB at Out Citpof York, bptfjefirimnp of April ncict etv
firmfi:, in fuc!> eqiiipase, anti ftttl; Jf orcegi of iJorfe, ais pair 'Birt^,
J^oncur, ann pc(ur Intereil in flje puliltcfe ©afetp Do oblige vou imto,
Slnti ajstn- 5o anti baiie reafoit to erpcd from j^on. anH t&is our let
ter fl)ailbea0 fuffiaentanu a0 eiiimtala tOarrant aimDifcijarp
unto iwi for tljr puttinn; of pour feif, anti lucfj ajs fljaU attenH pou,
into arms, ann ©tier a0 a fo^cfait, as if poti icerc autOoitfcH t&erc»
unto to> cur ^eat ^eal of England. anH tuelia require pou to cer=
tifie C30 unuer pour Ijanti tDitfjin fifteen 5ape nert after tije reccit
Ijereof, iDijat affiffante toe fljaH e]rpe(f ft cm pou (jerein, nnti to Uirect
t|)e fatne to one of our primipai Secretaries of €)ttite» ^'inen mmcr
our ©ignet at our palace of Weftminfter tije '-26th Dap of January in
tlje fourteenth Year Of OUr ,Eaign»
Exam. "P. Warvpick.
At the Court at Whitehall^
the 27th of Janua)y, 1638.
Prefent,
The King's moft Excellent Majefty.
Lord Arch-Bi(hop of Canterbury.
Lord Keeper.
Lord Treaiurer.
Lord Privy-Seal.
! Lord Duke of Letiox.
Lord Marquefs Hatnilton.
\ Lord High Chamberlain*
Earl Marfhal.
Lord Admiral.
Lord Chamberlain.
Earl of Dorfit.
Earl of Salisbury.
Earl of Holland,
I Lord Cvtiif.'gton.
Lord Nevph'.rgh.
Mr. Treaiurer.
Mr. Comptroller.
Mr. Vice-Chamberlain.
Mr. Secretary Cook,.
Mr. Secretary \l indebat7ck.
/5»»ipi£S nap tua0 teati at tlje 'Boaiti (^i^^njeffp fitting inCounrii)
f^ tlje D?augbt of tlje Cllrit ijereafter nitntioncD, atiD bp IM ^a-
teltp'0 evp]cf0 CommanU; it toa?i ojnnctij Ctjat ^r» latto^iep-
ijreneral fljouiD be berebp requireU fo^tinvitlj to fcnti COritis acio^
inglp to tljC ILOJH William Howard, tljC l0?5 Cliiford, tlje LolU Whar-
ton, tljC 10?ll Grey Of Wark, ^fr Richar ' \Amily S^lUgljt, CllCOUnt
Waterford in Ireland. ^X. SlttOJllCP \^ tO taUC CarC UOt tO fail tO
iifue out tljefe ©arit0»
.'By!
Htflmkal QoUectmns.
793
By wliicli Writs tl-.cy were required to repair into tho(e Parts with
tlieir Families and Retinues, fuffidently arm'd, for the nifety and de-
flence thereof, under the penalty of having their Lands, Goods and
I Chattels in thotc Counties feifed into his Majelty's hands, by the lie-
venue whereof he will maintain others for the guarding of thofe Parts
in their default. See the Writs at large in the J^ppendTx.
In like manner Writs were lent to the Mayors of the Towns of Hull
and Ncnrujllc^ for the fortifying of thofe Towns at the charge of the
Inhabitants, according to the praftice of former times.
Many old Souldicrs which im.braced the War as their Prpftffion
nsany Voluntiers of the Gentry tendred their Service to tlie Kin^ I
vs^bisch being reprclented to the Privy-Council, It was rcfolved that
a,i{ Subjeds who voluntarily defired to arm thcmfelves cither at home
or from abroad, lliould for Themfelves and their Aflbciates therein
have ail Liberty and Encouragement ^ as likewife for their Aflembling,
Exerciiing, and Difciplining all Voluntiers that fliall offer their Ser-
vice in tliis kind ^ and that Licence in this behalf be given them un-
der the hand of the Earl Marftial of EfrgLa/d, which liiall be to them
a fufficient Warrant.
Tiie Privy-Council (ent forth Orders to the Lords Lieutenants of
the Counties, for the levying of Foot-men , to be conduced to the
Town of 6"^%' upon Oivje near Torli ^ thereto be delivered to the
Captains and Officers ready to receive them by the firfl of April next
the Counties being to defray the charge of Condudf, which iliould be
repaid out of the King's Excliequer.
Alfo a certain number out of the Trained-Bands appointed
to be (eledcd , exercifcd, and kept in readinefs , were called for,
whereof two parts were Muskets, and a third Pikes, to be condufted
as before exprelied, to their place of Rendezvous, where they entred
into the King's Pay. ,
Likewife certain Preft-men ordered to be fent into Holland^ to fup-
ply the rooms of fo many old Souldiers to be brought from thence, to
be made infcriour Officers.
All Lords-Lieutenants and Deputy-Lieutenants were ordered by
the Council to remain within the Limits of their Lieutenancies. .
The Earl of liridgwater was commanded to go into his Prelidency
in Wales^ and to give notice to all Governours of Iflands and Forts,
to repair to their Commands •-, or, in cafe they were otherwife im-
ployed in his Majefty's Service, to fend able Deputies. And all Cap-
tains and Commanders of Forts and Caftlcs were required to refide
in their refpeftive Charges.
The Lord Deputy of Ireland his Letter to the King, dated Feb. iq.
1658. concerning Scotifi Affairs.
M<iji it plcafe jour Sacred Alajejlj,
' TTAving of late in a ftiort fpace written fundry Letters, I cho(e
' i—l- hitherto to forbear anfwering thofe of the 28^/j of December, left
' my Liberty might feem a violence to the modefty and Reverence I
' ought and fhall ever obferve, fo often as I have the Honour to ap-
' pear before your Majefty be it in Perfon or Writting.
' But now the Acknowlegements of your Princelely Afpeft to-
' ward your abfent Servant break forth from me.
'Firft,
14 Car oil.
Writs fent ro
the M.ivors of
Hull aril
N^mcaftU:
Volunticr";
permit ttd to
ai m tliemfclvs.
Rcndezvoi'S
to be at Selhi
^pnl I,
March 1}.
lo-iis Lieutc-
naiits,C5'<" to
remain in their
Country.
The Lonl De-
puty of Ire-
l.tad'i, Letttr
10 the Kin".
794
mjlorical Collections.
'Firft, In a mod humble fenfe of your gracious admitting me the
Honour to perform unto the Queen a fmall Service, in the Suit I
laft mentioned, and thereby exprefs my ambition to be commanded
■ fomet^ing by her Majefty.
' And next, the comfort I have to find my felf under the protedtion,
' and (helter of your Majefties moft excellent Judgment and Juftice,
' all along that ftorm raifed in my Country ( when I leaft looked for
' it) by the Earl of Holland^ and others.
' The Paffages indeed I have underftood from Mr. RijUof/j for
' which I moft humbly thank your Ma jefty.
' It ftemeth the Earl of Holland now faith, That he never refufed
' to be examined^ excepting only againft the loofenefiof thelnter-
' rogatories. Sure his Lordlhip hath thought better of it of late j for,
' either I have bin ftrangely mifinformcd, or at firft his Lordlliip in(T-
'fted pofitively, That by hisPrivilcdg of a Peer and Counfellor, he
1 ' ought not to be examined at all, and laboured to procure an Order
« at the Council-Board it ftlf to fettle it accordingly.
' Then your Majefty conceives, I ftiould have looked fo into the
' Interrogatories, as might have rendred them without exception. I
' have bin heretofore thrice Defcndent and twice Plantiff in that
' Court '-, and upon my Faith, Sir, never read over any Interrogatory
' in all my Life, this being the Work of the Sollicitor and Counfel,
' and not of the Client 5 and fo having given Direftion, nothing
' ftiould pafs of that kind, but under the Eye of your Majefty's At-
' torney General, and Sollicitor 5 I held my felf by that means (afer,
' and in a more perfeft way, than any poor advice or skill of mine
' own could have (et me, albeit I had bin prefent upon the place.
' As for that which your Majefty with fo much tendernefs above
' any merit, or confequences of my poor Services, mentions in the
' latter part of this gracious Letter concerning Sec. Win. 182. I be-
' feech your Majefty believe, that I have fo intirely afligncd my Will
'and AfFedions to your Plealure j am fo perfectly delighted to follow
' and (erve you your own way, how much foevcr my private Opinion
' might elle lead me into your Paths ; that there is neither Pcrlbn,
' nor Thing, that I ftiall not readily and chearfully join hands withal,
' where your Majefty is pleafed once to fignify it is fit for your Service
' to have it (b, how much more than with this Lady, againft whom
' I proteft I never had the leaft Exception for any private intereft of
' my own.
' And here having anfwercd the former, I receive your
' other Letter of the 28//.' of January^ this 5//) of February.
' By the Blefling of Almighty God, thele ftze hu?;drcd Mev^ pro-
' vided in all refpefts as becomes your Service, ftiall be at Curlifle by
' the firft of yfpr;/, according to your Majefty 's appointment, nothing
' but crofs Winds to hinder ^ for that favourable, I will have them all
' on Board, and moving thitherward by the 2oih of the next month,
' provided of fifteen days Bread and Beef^ for Cheele this Place aP-
'fords none: But ftill, under favour, me-thinks the Carifon ofC^r-
' lijle would not be le(s than 200 Horfe and 1000 Foot, and that of
' Berwick^ 400 Horle and 2000 Foot.
' I congratulate exceedingly the forwardnefs of your Englifti Svb-
' jeds, the readinels of your Army, and your gracious Purpole of
' going in Perfon to TorJ^^y as paffing wife and noble, will give infi-
' nite
Hijlorical CoUections.
795.
nice chearfulnels to your Army, countenance and advantage to all
your Affairs ~ yet I truft there is no thought of your going any
further. It will be fufficient the reft under your Majefty's Direftions
be managed by fuch as have that Charge committed to them.
' The Seafbn of this Year is fo paft, as nothing can be done in pre-
fent, but againft the next Winter. If I knew the Proportions, I
conceive I might, at good Rates, viftual C^rlijle with Beef, Butter,
Corn, or Bisket, and Herring, to be delivered at White-haven^ and fo
carried thirty miles over Land to Carlijle ; and after I undcrftand
your Pleafure, fhall attend that Service, as all other your Gracious
Commands, with my uttermoft care and pains.
* My Lord of Antrim doth not by one word make known his defire
to me for Arms, which is advifedly done 5 his Lordfhip perceiving
I am not ignorant of his great want of Mony ; his credit to be fb
low, as not able to take up, at this very inftant, in this Town poor
tlyrec hundred pounds^ therefore his great Undertakings are more like
to be believed on abroad, then they would be nearer home. I (hall
be able to f irnifli him with Arms, when the Supply comes We
have (ent for into the Low-Countries^ if it be your Pleafure to have
it fo : But I crave to know who it is your Majefty purpofeth fhall
pay for them.
' Yet I might accufe my felf^ fhould I not humbly certify your Ma-
jefty, I am altogether of opinion, his Lordfhip in fb great a flreight
of his own Fortune, is not a Perfbn at all to trouble the Earl of Ar-
gile now come back again into Cantire^ or in prefent much conlide-
rable to your Majefty's Affairs •-, and confident I am this will appear
moft true, how great fbever his defires on that fide are expreffed, and
I may believe them to be to ferve the Crown.
' The Secrets your Majefty gives me in charge^, fhall never be difco-
vered to any Creature ^ yet that I be not thought upon for other
Mens faults, I fend inclofed a paffage that I my felf read in a Letter
writ thence to Captain Biron^ The Writer is one Mr- Daniel Neat,
a very flight and bufy Perfbn. His principal dependance on the
Earl of Antrim ; and if I be not miflaken, very converfant at Arun-
del-HovSk : Neverthelefs my hands once freed of this Packet, I fhall
fo colour the Matter, as to take away all thoughts of going to
Carlijle.
' Mr. Raj'lton informs mc. There are Summons gone out for all the
Nobility to attend your Majefly at Torl^, Letters made ready for
me among the reft, which your Majefty was pleafed to order the
ftay of, for which I thus return my moft humble Thanks.
' Were I not really and importunately fixed by my Emploiment, as
a decent Complement at leaft to the Peace and Safety of the Affairs
on this fide, I fhould be moft mightily out of countenance to be
found in another place, than at your Majefty's Feet, to receive and
execute your Commands, to the utmoft of my Power and Life.
' Yet, Sir, I am your moft obliged Creature, why fhould I be cared
fbr, or confidered, where your greateft luterefts are in queftion ?
Hence it is, that I thought of fending thither fifty of my Horfe-
Troop, but that they are not to be fupplied again on this fide, nor
durft I disfurhifh your Service of them here, and to flarnifh fb many
there, my felf abfent, and in fb fhort a time, I am out of hope :
yet have I thought of another Expedient, which perchance may
' prove
14 Carol:.
HiUorical Collections.
79^
^«.i658. 1 ' prove as much for your Service, as good in the Example, which I
v^<?''>i/*''^ I ' humbly crave may be accepted.
'Therefore, if it (hall not pleafe God to put the Scotifl) Subjcds
' into their right Wits again, that they do not humbly and repentantly
' conform to your Majefty's Will : I Ihall give order that for this next
' Year, there be paid at Toi\ to Sir Wiltiafa Vdall^ your Trealurer
' for the Wars, as my Rents come in, one thoufind Pounds at <3^7d-
'■ fitmma\ and one thouland pound at Chrijimp'-^ and if this be not
' fufficient, I do moft humbly be(eech your Majerty command all I
' have there to the uttermoft Farthing.
' Nor have I on this fide more Friends than three, that have Lands
' there ; and I am defired, by the Mafter of the Rolls^ and Sir George
' RadcUfl that 500 /. betwixt them may be accepted upon the (ame
' terms, and fome days of paiment : And in like manner a young
' Captain of your Majefty's, my Brother, that hath (bme Fortune by
' his Wife there, loo /.
' Our Sons are all Children , but if they were able to bear Arms,
' we (hould fend the young Whelps to be entred in vour Majefty's
' Militia., Judg it to be their greateft honour it might be fo , and
' for a Conclulion, fo as it might be better for your Service, hang up
' the old Dogs.
' Above all, I befeech your Majefty intend your Horfe, and make
* your felf as ftrong in them as poffibly can be effedted in this iliort
' time : For as it will be no great difficulty to your Majefty to overtop
' your Rebels, and Mafter them in Horfe ; fo ftiall that Point gained,
' and fortified alone, fecure your Kingdom of England from the pre-
' judice it might otherwife fuftain, if they went forth to fuch Info-
' lence, as to make an Olfenfive War upon the Crown.
' My next Work, I fear, will be to trouble your Majefty with a
' Letter touching my own Particular. I befeech you vouchfafe to read
' it 5 and afi:er, rather than difquiet your Majefty, or your Aifairs,
*burn it, and command Mr. Raylion to go on with the Examination,
' as it is already direfted , only. Sir, there is a Credit, which among
' Men, I ought fo far forth to care for, as it may enable me to fulfil
' your Commands with more EfFeft and Honour, which I truft how-
' fe)ever will plead my excufe. The Great God of Battels long and
' long preferve your Majefty.
Dublw^Feh.io.
1638.
Your Majefty's
moft faithful, and moft humble
Subjedt and Servant,
WENTWORTR
The Arch-Bifhop of Canterbury s Letter to the Clergy, to contri-
bute freely to the War againft the Scots.
After
Hijloricai (Collections,
After my hearty Commendations, ^r.
IHavc received a Warrant from the Lords of his MajeJI/s v/njl Honou-
rable Prhy-Cojtndlj rvkich requires nte to xvrite to all tkc ^ Bijliops in
nty Province to call their Clergie together, and put them in mind of
the great danger this Kingdom is in, by the traiterous Conjpiracies ofjome
ill-affected in Scotland. Thefe Seditious Perjbns have begun, and conti-
n»ed hitherto their foul Dijloialty under the pretence of Religion, rrhich by
faBioui Spirits in all times is made the Cloak to cover and hide, (if it
might he) their Defigns. But novo it appears clearly to the State, that they
daily Jirengthen themjehes by Arms and Ammunition, and other Prepara-
tions for War. ^nd though his Majefly hath gracioujly condefcended to
more than they could jujily ask^ in all things concerning their Religion and
their Laws, yet they go on Jiill, and are fatisfied with nothing but their
rebellious Difobedience, and have no lejS' aim than to invade or annoy Ens-
land. The Letters to the feveral Bifiops I have fent, as I was commanded,
and 1 doubt not but they and the Clergie in general, will give very freely
towards this great and necejfary Defence of the Kingdom. And becaujc
this great and common Danger cannot be kept off, but by a common Defence 5
and for that the Reverend Judges, and others of the Common Law have
bountifully expreffed themfehes already i, I am required to write to you aljb,
that you calling to you the reji of the Doffors of the Commons, propofe to
them now while moji of them are together, this great and weighty htijinefi
belonging as much to their Defence as to other Mens ; and let every Man
fct down what he will give to this Service : when this is done, I will ac-
quaint his Majejly with it, and yours and their forpcardnejs herein. And
it is expe&edthat you hajien this with all convenient f^eed. So to God's
bleffed ProteQion Heave you, and reji.
Lambeth, Feb.ii.
1638.
Tour very loving Friend,
W. CANT.
POSTSCRIPT.
ToH muji fend to fuch Chancellors and Officials as are not at the Com-
mons, but at their feveral Rejidences 5 and if you give them a good exam-
ple here, I doubt not but they will follow it.
Tott ffjall not need to call to Sir Henry Martin, for his Majejly will
fend to him himjelf, and looks for a greater Sum than in an ordinary
way.
The Scots underftanding that the Parliament was to meet in Eng-
land the \'i,th o^ April, difperfed among the People oi^ England, cfpeci-
ally in London, a Pamphlet containing a Scotifh Declaration to fttisfic
England of the fincerity of their Intentions and Aftions, which was
publilhed by order of the General Aflerably of Scotland, Entituled,
LlllI
Ah
797
14 Caroli.
The A
Letter
Cleisy
1 1.
.liilliop
iriury'i
to tfic
Bijlorkal Collections,
/?i.4.i(S38,but
'tis i6j9 in
Scoti*nd.
Aug. 6. 1^59,
the /^(Tciiibly
met at Eilin-
iurg.
jln JtiforMMtion to all good Chrijlians within the Kingdom of England^
from the Noblemen., Barohs., Burrows, Minijiers of the Kingdom of
Scotland, for "vindicating their Intentions and ^clions from the
unjtS Calumnies of their Enemies, as followeth.
"-TpHe work of Reformation now renewed and far advanced in this
' A Kingdom, hath in the whole progrefs met with all the oppofiti-
' ons which the fubtil malice of Rome's Eraiflaries could plot : But God
' hitherto has di(appointed all their Intentions, and turned ^chitophel's
' Wifdom into folly. And now when they cannot beat down the Walls
' of Jernfakm, they labour to undermine it with Calumnies, accord-
' ing to the damnable Maxim, Calnmniare attda&er, ^femper aliquid
' hdErebit. And, like Tobias^ Sanballut, and fuch like, will not be want-
' ing to oppofc mightily the Building of Ezra and Nehemiah, by (aying
' to the King , Why is the Rebellions City Imildcdf
' The (ame fteps are now traced by the Authors of Innovations in
' this Church , who taking the advantage of their opportunity (which
' We want, to our great regret) and being greatly aflifted and ftirred
'up by fome of their own Coat, who arc pcrnitious and Popifhly af-
' fefted , do thereupon prcfume to whifper unto his Sacred Vlajefty,
' and fpread abroad in their Neighbour Kingdom ot England moft un-
' true and damnable Afperlions, (over and above the Particulars laid I
'to our charge in the Proclamation of the i8tho[ December^ which are
' largely anfwered in our proteftation lately publilhed) venting with
' equal impudency and mahce, that we do only pretend Religion, but
' do intend to fhake off the moft lawful yoak of Authority, by changing
'the form of Civil Government i that we intended invade our neigh-
' hour Kingdom of England., and enrich our (elves with the fpoils
' thereof j although our Confciences bear us teftiraony againft thole un-
' truths, and make us think fb charitably, that no Man underftanding
'rightly Religion and Policy, will give behef unto thefeAfperfions,
'forged againft the Body of our Church and Kingdom : yet being
' certainly informed,that the Authors of our Innovations and the arch-
' enemies of Reformation, have laboured to ppifon hisMajefties facred
' Ears with thole Imputations, and have difperied the lame with open
' mouth among the Subjects of England.. We are forced to vindicate
' our innocency, and wipe away all impreffions which thole Challen-
' ges might make in the behalf of any : Firft,by our Supplication given
' in to the Lords of Secret Council 3 iji of ^-ainiary., and now by our
'Anfvver, and publick Declaration unto the World, whereby we take
' God towitnefi,That Religion is the only Subjcft, Conlcience the mo-
• tive, and Reformation the aim of our Defigns, for attaining whereof
' we have never ftrayed from the humble and loyal way of petitioning
' his Majefty for a legal Redrels. And do yet according to our boun-
' den Duty,beg the confuramation ofour happy beginnings by the hold-
' ing of the '^Parliament for the Ratilication of the y/jfembly indifted
' by his Royal Majefty. And as We have often heretofore profefled
' in our Supplications, religioufly fvvorn in our Iblemn Covenant with
' God Almighty^ and pubhckly declared before God and Men in all
' our Proteftations made in the view of Heaven and Earth, That We
' had never the leaft intention to caft off our dutiful Obedience unto
' his Majefty 's moft lawful Authority ; So We do hereby renounce the
fame.
Hijlirical Collectiom.
799
lame, and folemnly declare. That our loyal Breafts have never har-
boured any thought againft our gracious Sovereign his Perfon or
Government, for whom We daily and earneftly pray the King of
Kings to grant a long and happy Reign over us j and vi^hen he Inall
be crowned with Immortality, that there never want one of his Seed
rightly to rule us, and to fit upon his Throne fo long as the Sun and
Moon endureth ; For We acknowledge that he is the Lord's Vice-
gerent fwaying the Septer of this Land, tranfmitted to him by the
(licceffion of (o many Royal Anceflors,as'no other King in the World
can parallel the fame, and no other Nation compare with us in the
glory of Antiquity, under that lawful lubjeciion to one Line of Na-
tive born Princes, which we will never deface by any unnatural and
impious cogitations agajnft the Lord's Anointed, but heartily wi(h
that Shame and Confufion may be printed upon the face of his
Enemies, And that We may be happy in the occafion to expofe our
Lives and Fortunes to the greateft harard, for maintenance of the
Perfbn and Authority of our dread Sovereign, and increafe of his
Honour. Let ^ercy and Truth prejerve the King.
' As for our Intention towards England^ We atteft the ever-living
God, ( who is confcious of oUr moftfecret thoughts) that We never
had any fuch Deiign or motion to offend, or wrong in the fmalleft
meafure any other Nation, much lefs our Neighbour Kingdom,Uving
in one Ifle, under one King, with as litde controverfy, and with as
much affeftion, as hath been betwixt two Nations once at variance,
but now happily reconciled and tied together by the moft ftrift
Bonds, which We defire rather to encreafe than diminifh by any aft
of unjuft Hoftility. And albeit we are confident that the improba-
biUty of this Challenge will flop the way of all credit to it, yet to
confound thefe Reporters in their malice, we will fhonly relate our
Regrets and Fears, pur Defires and Refolutions with that freedom
and fincerity, which may evidence our brotherly refpeft to the Sub-
jefts of England^ and controul the falfe Surmifes of our intentions
againft them. We regret together with our dear Chriflian Brethren
of our neighbour Nation, that we Ihould have fb evident and fen-
fible experiences of the dangerous Plots fet on foot, and entertained
by the Church-lVlen of the greateft power in England^ for introduc-
ing Innovations in Religion, by corrupting the Doftrine, changing
the Difcipline, daily innovating the External Worfhip of God,
Preaching publickly and maintaining points oH Arminianfm and heads
of Popery, defending and advancing Preachers and ProfefTors of
that Judgment, and allowing Books ftufFed with that Dodrine,
Fining and Confining and Banifhing all fuch, as in Confcience of
their Duty to God labour to oppofe the Doftrine, Difcipline ol-
Worfhip of the Church of Kome^ by their incroaching and ufurping
upon the King's Prerogative, tyrannizing over the Confciences,
Goods and Eftates of Perfbns of all qualities within that Kingdom:
And not being content to keep within their own Precinfts, did in-
duce, atrift, and encourage the pretended Arch-Bifhops and Bifhops
of this Kingdom, to prefs not only a Conformity of this our Church,
with that of England in matt«r of Ceremony, but alfb with the
Church of Eiome in the Points moft fubftantially erroneous, as ap-
peareth by the Bock^ of Common-Prayer and Canons^ found to be a
mafs of Popifh Superftition, faUe Doftrine and Tyranny, which was
L 1 1 11 2 con-
Caroli 14.
8oo
HiBorical Collections,
AH.163B.
confeffed to have been firft plotted, then correfted and interlined in
hKgluf/d^and fent down to their Aflbciats the pretended Archbifhops
and Bifliops of this Kingdom, to be printed,and preffed upon the whole
Church here without order orconfent, as the only Form of Divine
Worftiip and Government of the Church, to make us a leading Cafe
to England. And by their Letters to Statefmen, Noblemen and Bo-
rows (to further the advancement thereof) perfwaded his Graci-
ous Majefty to declare thefe Books, which are full of Popifti Super-
■ ftition, to be free of it, and to be fit means of Edifying this Church,
• and caufed his Majefty to prohibit the lawful Meetings and humble
' Supplications of his Subjefts under pain of Treafon, and to efteem of
' his good Subjefts as of Traitors and Rebels, for a difcovering this
' wicked Plot, and complaining thereof^ And for their renewing of
' their National Covenant with God,and their Allegiance to his Majefty,
'did threaten them by publick Proclamation with utter extermination
' and ruin, and have by their Calumny moved his Majefty todifcharge
' under the pain of Treafon, the fitting of our free General Aflembly,
' indifted by his Majefty after fo many Supplications, and to engage
' his Royal Word of a Prince, to defend all difobeyers of the Church,
' to threaten and prepare for an inward War againft this his moft anci-
ent loyal native Kingdom, to diftruft all our Supplications, Oaths and
• Declarations ingenuoufly and humbly made, and thereby they have
' endeavoured, fo far as in them lies, to alienate his Majefties heart from
' hisPeople,and eftrange their due bound Affeftions from him if it were
' poffible. And in the end for the full accompliftiment of their wick-
' ednefs (as we are informed) have made his Majefty follow the ad-
' vice and counfel of profefled Papifts, and to intruft them with the
' chiefeft Offices of the Armies and Arms now preparing, for the threat-
' ned Invafion of this Kingdom : and ftill intend to raifo Jealoufies
' in the Body of the one Kingdom againft the other, and fo to com-
' mit them together, which we beleech God to prevent, and hope it
' ftiall be above their Malice, the Lord opening the eyes of our Sove-
raign and of our neighbourNation,to difcover that Treachery where-
by nothing is intended,butto join the two Kingdoms in bloudy War,
that fo Reformed Religion may be extinguiftied and Popery introdu-
' ced, which then may be eafily eflfefted when both fides are weakned,
' and fo may be eafily fupprcfled by the Papifts, having all Power and
"■ Offices in their hands,being already too ftrongin England^and encou-
' raged with expeftation of Foraign help, ready to accept that advan-
' tage, fo much prejudicial to his Majefties Honour, Power and mani-
' fold Declarations for the maintenance of the Reformed Religion,
' whereof he is the Defender. We have alfo Reafon to regret, that any
' within the Kingdom fhould give more credit to falfe Calumnies, cun-
' ningly invented to foment their jealoufies, and make them prepare
' for invading their Brethren, than to our folemn Proteftations, Suppli-
' cations,Declarations and Covenant with God himftlf ; yet we are ful-
' ly confident that fuch are drawn thereunto, partly through the Infor-
' mation ofour Adverlaries, and particularly for lack of clear Informati-
' on concerning our moft Loyal andChriftian Proceedings : and there- 1
' fore do moft heartily wifli, they may with Wildom and Charity fuf-
' pend any further giving credit to things of that kind, till they may^
' have occafion to receive fiiU Information of the truth. And we re-
' gret that any fliould think the ftanding of Epifcopacy in the Church
of
HiJloYtcal QoUections.
8
oi
of Scotland juft ground for Invading of, and making War againft this
Nation, and confequcntly to raife up the Old National Bloodfhed
and Quarrels, which are now happily changed unto a fweet peace-
able conjunftion of Hearts and Affeftions, (eeing Epi(copy in this
Church is contrary to our Ancient Reformation, Confejfion of Faith
and Oath of this Church and Kingdom, whereby that Government
was abjured, which cannot reafonably offend any other State or
Church, who may be ruled by their own Laws and Warrant. But
as in every Matter which falleth in deliberation to be put in Execu-
tion, Juftice (hould be the Mover and Efficient, and Profit and
Honour u(ed to be the End ; So efpecially in this weighty Bufinefs
it (hould be well pondered, if this Aft of Invading us by War, for
keeping our Oath to God, and obeying the lawful Conftitutions of
our Church and Kingdom, be juft upon the part of the Invader 5 or
if the benefit of Reefiablifiwg the BiJIwps upon us, will recompence
the lo(s of fo much Chriftian Blood, and the hazards of Diffention
and War, whereof the Event dependeth upon the Lord of Hofts.
But it is obvious to every Man's Confideration, That this War is by
our Adver(aries intended for another end, and hath a m.ore deep
and dangerous reach, otherwife the Prelates (if either good Chri-
ftians or Patriots) would rather quit their Minion, Ambition, and
worldly Pomp, than engage two Kingdoms with the hazard of true
Religion.
' And that none may (ufpeft the fincerity of our Intentions, the
lawfulnefs of our Proceedings, or the truth of our Declarations
or Accufations againft the Enemies of our Reformation and Peace
We are able, and wifti to have occafion to juftify the fame before
the World : For unlefs we (hould have clofed our own Light, and
refifted the known Will of God, acknowledged, (ubicribed and
fwornby his Majefty's Father (of ever blefled Memory) to our
Predeceffors, in a folemn Covenant with God, and fo often con-
firmed and ratified by Afts of this Church and Kingdom fince the
Reformation, we could not omit any thing which we have done.
And albeit we be one Church and Kingdom, as free, ancient, and
independent as any other in the World, yet for clearing of the
Mind of our Neighbour Nation from all mifinformation and mifcon-
ftruftion of our Intentions and Proceedings, and to verify the law-
fulnefs and abfolute necefiity of our Aftions and Afts of the late
AfTembly, We do affure our felves, that if the States of the Parlia-
ment of England were Convened, and the whole progrefs of this
Bufinefs faithfully reprefented unto them, they would without doubt
befo far from cenfuring or condemning what we do, that they
would be moved to become Petitioners to his Sacred Majefty on our
behalf, and approve of the equity and loialty of all our Proceed-
ings in this Caufe. And therefore in the mean time we intreat. That
no true Englifti Heart entertain any Jealoufies of Us, who are con-
fident of the innocency of our Proceedings and Intentions, and free
hitherto of all Blemifhes againft our Soveraign and our Neighbour
Nation, as we beg the occafion of manifefting the fame to them and
to all the World, as we have upon the knowledg of thefe mif^reports
of us, cleared our felves of any fuch Intention by our great Oaths
every one to other, it our moft frequent Meetings.
'The
14 Caroli.
r
802
HiBorica! Collections.
An. 1658.
' The obtaining of this our fo peaceable and juft define, (hall not
only be comfortable to us their Chriftian Brethren, fcrving as a fur-
ther tie to unite our AfFeftions in time to come, and to ftir us up
to pour out our hearty Prayers to God on their behalf j but with-
out all queftion, the Righteous Judg of all the VVorld (hall make
ybu reap the Fruit thereof one day, and who knoweth how
(bon.
' In the mean time our care fhall be upon all occafions, to make it
appear clearly to all the World, how far it hath always bin (and
by the Grace of God ever (hall be) from our Intention firft or laft,
to offer the leaft Act of Hoftility to our Neighbour Kingdom, ex-
cepting (b far as we fliall be necelTitate in our own Defence. And
though (as God forbid) we (hould be forced tbefeunto, yet (ball
we remain unwilling to conceive things of that kind to flow from
the Body of that Kingdom, v.ith whom we intend no National
Quarrel, neither mind to wrangle with them^ except in the cafe of
Invafion from them, but rather that this Snr hath bin contrived and
(et forward by (bme ill-affefted Perfons to both Kingdoms ^ with
whom only our queftion is, and to whom alone we may juftly in-
tend according to their defert, as Men who arc let to engage both
Kingdoms in fo bloody a War for their own bafe ends. And al-
though a Party raifed from among our felves, that are fomented
and maintained from abroad, whence wc find the Sinews of that
Body within our felves to be derived and maintained which might
juftly ftir us , yet the vanity ond weaknefs of our Inteftine Adverfa-
ries, even in this cafe of Offence, is fo far from making us take
Fire, without maoifeft Hoftility offered, or ingaging us in any vio-
lent courfe that may interrupt the Brotherly Love and Concord of
thefe two Kingdoms, or blemifh our holy Profeffion in the leaft de-
gree, as we are confident no malicious mifreports of our common
Adverfaries, will induce our dear Brethren to quarrel with us for
feeking to enjoy our Religion in purity, and our Laws and Liber-
ties, according to the Fundamental Conftitutions of our Church and
State, when we are fo well affefted to thtm, as we arc truly fenftble
of their grievous Burdens, and intolerable Sufferings from the Ty-
ranny of their Hierarchy, and the fearful Bondage they undergo
from the wicked Counfel of that Clergy fliggefted from Rome^ and
producing fo dangerous Innovations both in Religion and Policy.
' The fincere manifeftation of our real Intentions, We find our
(elves obliged to publifh, for fatisfying all good Subjefts in our
Neighbour Nation, being confident they are alio defirous to be
confirmed in their good opinion of us, and fo to be armed againft
all Slanders and Calumnies of thofe that endeavour the final over-
throw, and utter extermination of the Kingdom of Chriji Jefifs
from this whole Ifland, whereof we pray God to avert the Danger,
and grant us Peace and Purity, which is the height of our defire 5
for procuring whereof we (hall imploy no other Weapons C except
we be enforced ) but Fafting and Prayer to God Almighty, and hum-
ble Supplications to our Gracious Soveraign.
Reviled according to the Ordinance of the General Aflcmbly,
by Mr. Archibald "johnAon^ Clerk there. At Edinburgh the
1 4/A of February 1 63I.
February
Hijlorkal Collections,
809
February 14.
The Biftiop of Lincoln^ together with Lantbert Osbaldfion School-
mafter of the Grammar School at Wefimitjjler^ was charged bylnforftia-
tion in this Court of Star-Chamber^ to have plotted together to di-
vulge falfe News and Lies, to breed a difturbance in the State, and
difference between two great Perfons, and Peers of the Realm' viz..
the late Lord Treafurer Wejion, and the prefent Arch-Bi(hop of Can-
terbury. The Charge was grounded upon thefe following Paflages writ-
ten by Mr. Osbaldfion to the Biftiop of Lincoln,
My dear Lord,
I Find for certain^ which I report fub figillo, that the great Leviathan,
and the little Urchin, are a great fiorm in Chriftmafs-zfe^rfAer, and
are at a very great di fiance one with another ^infomuch that your Lord-
fijip hath bin inquired of more than once^ if you were come^ and when you
will .<? And the great Man was heard to jufiify the words which you were
quefiioned for^ namely^ That you had as good a right to the Deanery
of Wefiwinjier, as the King to his Crown. And he was heard to J^y,
That they were no more than he himfelf would fay. The jealoujie grows
great and fioarp between the Leviathan, and the little medling Hocus-
Pocus 3 and if it increafe^ there is hopes your Lordfiiip will injoy the
Bkjfing of the Kings Grace. Tour Lordfljtp will hear, that the Lord's
Grace of Canterbury is come to lodg in Courts fo is the Lord Treafurer 5
Tour Lordfi)ip^ Ihope-y will picl{_ out my meaning.
Weftminfter-Colledg, Jan.<^. 1633.
In another Letter.
MT dear Lord, I cannot be quiet but I mufi write to your Lordfijip.
Tt 1 Sport is grown Tragical, any thing would be given for a found
and thon .,gh Charge to pufi) at and confound the littk Urchin. The Spa-
niards at.t, the Hollanders are both approvedly and firmly joined to effe&
the fame, if your Lordfijip lend your Ajfi fiance, which I am bound to
implore and require. Let them in the mean time fcratch one another to
the Bones. I ufe freedom of heart, it is fomeihing of revenge that a
brave Soul (as your Lordfijip is) hath fome hopes of fupport in the midfi
of a Flood of Tiefiru&ion.
Weftminfter-School, Jan.^o. 1633.
Likewife there was produced the Bifliop's Letter of the (econd of
February, to a Friend, to this purpofe.
MR. Osbaldfton reported to nte by Letters, That it was defired that
Ifidould contribute my endeavours to be ufeful to the Lordf-Treafitrer
againfi the little great Man, and affured me that they were mortal Enemies.
But for my part Lrefufe to meddle with any fitch thing ; yet I pray you
karn whether it be fo or no, lefi fome have gulled Mr. Osbaldfton in his
three lafi Letters, If the Lord Treafurer would be ferved by me, he mufi
free*
14 Caroli.
Star-Chambcr
§34
Hi^rical Collections.
^». 1638-
free t}te from the Bonds of the Star-Chamber, othermfc let them fght it
out for me.
It was anfwered in the behalf of Mr. Osbaldjlon, That what was
done by him, was done in private Letters, fealed to an honourable
Friend. And it was confefled to be Error in him to ufe (uch familia-
rity in fome Paffages therein exprefled. That he doth deny, That by
the Appellations therein mentioned, he did mean the Arch-Bilhop's
Grace, or the Lord-Trealurer. But he meant thereby one Spker^
which took upon him to be a Doftor and was none ; that he had di-
vers times ulfed, between jeft and earneft, to call him littk Urchin,
Vermin., littk Hocus Pocus in the Velvet Jerkin^ and that there were
fome differences between him and the Biftiop of Lincoln , and by Le-
viathan, he meant. Chief Juftice Richardjbn, who had formerly com-
mitted Spicer (in Weftminlfer-Hall) , and heconfeffed he did merrily
ufe that Name, the Perfon being apt to take a Jefl in good part.
On the Biftiop of Lincoln's part it was offered, That if any flich
Letters were fent by Mr. Ofhaldjion, yet he denied the receit of them 5
and for the interpretation of thofe Appellations, he conceived the
Writer wasthebeft Interpreter 3 that he had many times heard Mx.Of
baldjion call spicer by the Name of Hocuf Pocuf, and he ufed to calj
Richardfon by the name of Leviathan, and denieth the publifhing of
any fuch Letters, or fo much as the fpeaking of any fuch at his
Table.
The Attorney General urged, That the Interpretation given by the
Defendents would not ferve their turn. That thofe Letters of
Mr. Osbaldjion were found in a Box in the Biftiop's Houfe at Bugden 5
and when the Bifhop heard they were found, he faid, OskildHon was
undone. That the Bifhop's Secretary Waller, and the Clerk of his
Kitchen had heard their Mafler difcourfe of the fubjeft Matter of
thcfe Letters, and that thefe Names of Appellation were frequent, be-
tween the Bifhop and Osbaldjion, and that by them was meant the
Arch-Bifhop and the Treafurer.
But it was further offered, in the behalf of Mr. Osbadjion, That
the Interpretation made by others, (hould not be the ruin and deftru-
dion of the Defendents. That the Bifhop's faid Secretary and Clerk
of his Kitchen (WitnefTes againft him) were lately cenfured in this
Court for tampering with WitnefTes, and were Perfons expedting the
Mercy of the Court 5 and WitnefTes were heard on the behalf of Of-
baldffon, that he frequently called Dr. Spicer the little Hocus Pocus, and
the little Urchin , and the Reafon was, becaufe Spicer had made many-
promifes to give a Library worth 40 /. to the School at We^minfler,
but failed in the performance. And it was further proved, that he
frequently called the Lord Chief Juftice Richardfon, Leviathan, who
had committed Dr. Spicer in Wejiminjier-Hall.
And in the defence of the Bifhop of Lincoln it was further urged.
That his faid Secretary, Walter Walkp; did frequently receive, and
had commitlion to open his Letters in his abfence 5 and what Letters
he received he could not tell 5 and if thofe Letters were found at his
Houfe, they were laid up and concealed by his Secretary.
And further the Bifhop petitions the Court, informing them how
unable he was to make his defence, being his Majefly's clofe PriforRr
in the Toveer. After which Mr. Attorny General replied.
Sir
Hijlorkal Collections.
805
Interlocutory
Paffages.
14 Curoli.
Sir John Banks lis ^e^ly about the Cenfure of wj» Lord'BifJm ' ^•'^^"^'^^^'^^
of Lincoln, aid Mr. Osbaldfton, the \ ^th of February,
m r/;e Scar-Chamber, 1638.
MY Lords, The Defendcnts Counfcl in their defence, does ex-
cept againft the Charge of the Information,and they laboured
much to tie the Matters charged in the Information to the very day
of the Month, (eeking thereby to efcape the Charge, contrary to
their Judgments and the common courfe of Juftice.
* Alfo they made queftion where thofe Letters (hould be found :
but if they will, they may know that they were found at my Lord
Bithop of Limoln's Houfe at Biigden^ as is manifeft by their own
Witneffes Interrogatories, i . & 7 1.
* In the an(wer to which Interrogatories, three Witneffes do all fay,
That they heard they were found in a Band-Box in my Lord of Lin-
coln's Wardrobe.
Mr. Recorder.
* My Lords, We have examined four Witneffes, which do all de-
' pofe. That there were no Letters found in the Band-Box, and that
' his Lordftiip did never leave any Letters to be kept there.
Mr. Herbert.
' It appears by their own Witneffes, that there were fuch Letters
' found 5 but this is not to the purpofe where they were found, but
' now they are found, the hainoufhefs of them is the point in hand.
Lord Keeper.
* It may be that (bme of the Lords may find fome things in the De-
' pofitions that may (erve one way or other, therefore I think it good
' they (houLd be read , but for my own part, I am fatisfied in my
' judgment.
Mr. Attorney General further proceeded^ fi}^"g '•>
' My Lords, the Defendents Couniel have made two Defences, one
' for Mr. Osbaldjion, and the other for the Biftiop of Lhxoln.
'■ The Couniel for Mr. Osbaldjlan except againft the Witneffes that
prove the interpretation of the Letters,and would have Mt.Osbaldfion
to expound his own meaning, and if this (hould be allowed, every
Libeller would thereby elcape the Cenfure of the Court.
' Firft, They except againft Cadwallader Powel, becaufc he was be-
fore lentenced in the Star-chamber : But, my Lords, his Cenfure in the
Star-chantber was not for any matter of Per)ury,or Crime that fhould
take away his Teftimony ; and the fame thing for which he was Sen-
tenced, was my Lord Bifhop himfelf Sentenced at the very fame
time.
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Secondly,'
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Historical Collections,
An. 1633.
*• Secondly, The fccond Exception was, that Mr. P(?are/and Mr. Wal-
' key were made Dcfendents in this Court to take away their Tefti-
' tiraony inthis Can fe, and the reafon why they were not proceeded
' againft (taiJ the King's Atturney) was, my Lords, becaufc my Lord
' Biihopof Lincoln would not perfed his Examination, by which we
' (hould have the better proceeded againft them,and when my LordBi-
' (hop hath pcrfedted his Examination,they fnall be proceeded againft.
' Again, They except and fay, that Walker^ being Secretary to my
' Lord Billiop oi Lincoln^ he ought not to be Witneft againft my Lord
' of Lincoln.
' My Lords, when a Secretary is called and examined upon Oath,
' he ought to difcover the truth of what he is examined upon, and
' not to perjure himfelf
'Again, they fay, that there are no ex prels words in the Letters,
' whereby it doth certainly appear, that thelc words were not meant
' of my Lords Grace of Canterbury.
' My Lords, this fticks at all Caufes of Juftice : for if they (liall be
' faffered to interpret their own words, by this means all Libellers
' would cfcape puniftiment.
' The third part of the Defence is this : That Mr.Oshaldfion ftiould
' call Dod:o^ Spiccr^ Vermin^ LJocm Vocui^ Urchin^ and the like : there-
' fore fay they, thofe terms in thcfe Letters are not to be applied to
' the Archbiftiop of Canterbmj, but to Dr. Spiccr. This is no exclufi-
' on, for I ftiall fhew that thofe words muft needs be intended and
' fpoken againft the Arch-BilliopofC<?;;/fr/'//?^', and not of "Dv. Spiccr.
' In the Letter of the 9//) of jf^».the words cannot be applied to be
' (poken of fo mean a Man as Dr. Spiccr : and ^o likewife in the Letter
' of the ^oth oijan. wherein he defires, that it ftiould be kept (ecret :
' andif thefe words had been fpoken of Dr. Spicer^ they needed not be
' kept fb fecret. For Hocus Pocus and Vermin being fj[^ioken of Dr.
' Spicer^ were publiftied in IVeJinanJicr Hull, and other places thcrea-
' bouts, and therefore needed no (ecrefie.
' And that by the great Leviathan, it ftiould be undcrftood to be
' meant of the Lord Richardfon, there is no colour for it, ray Lords.
'■ ksiorOsbald^on, he hath long bin a turbulent Medler, and a
' felfe Intelligencer of the Affairs of State ^ I may fay he is Hocus
' Focus, and a Jugler in the Affairs of State ^ and yet I am forry that
' I ftiall charge him v/ith that which is worfe than the Charge laid againft
' him in the Information, for he is guilty of grofs and wilful Perjury,
' for he hath denied upon Oath that which was plainly proved againft
' hira.
' Another Argument is. This Osbaldjion is nov/ run away, which in
' our fenfe doth Ihew a guikinels of the Offence. 25. H. 5. One being
' indicfed fir Felony, if he runs avcay, he then firfiits his Goods.
* As for my Lord Biftiop of Lincoln, he ftands upon three things.
' Firft, That he received not the Letters.
' Secondly, That he did not publifti them.
' Thirdly, That he did not entertain them.
'■ For the firft. It is proved by Witneftes, That two dayes after
' Tivelze-tidc he gave order that his Letters ftiould be opened that con-
' ceraed his Law Suits, fo that thereby he might colour the Matter,
' that they might not come into his own Hands. Again, he doth not
' (ay, That he did not receive the Letter of the 9/0 of J anitary, hcUdcs
'his
Hijlorkal Collections.
807
' his own Letter of the (econd of Jamtary^ makes mention of three
' Letters which he received from Mr. Osbaldjion : In one of which he
' ftiould contribute Mony to the u(c of the Lord Treafurer for the
' ruin of the little great Man : So that it is confefled by his own Wri-
' tings that he did receive them. And the Letter of the 30/A of Jamta-
' ry was (ent by a fpecial Meffenger to Lincoln^ therefore its moft pro-
' bable that he received it, and your Lordftiips have heard Cadjval/a-
' der Porvel (ay. That my Lord of Lincoln demanding of him, Whe-
' ther any of Osbaldjhns Letters were found ? And he an(wering that
' they were. Then faid the Bilhop, Osbaldjion is undone : So that I
' conceive your Lordfliips will not think, but that his Lordftiip recei-
' ved the Letters.
' But it is objedted, That this is no Offence ^ For, (ay they, it's no
' Offence to receive Libellous Letters, and to keep them private. And
' as for my Lord of Lincoln, he did never pubhth any of them ; and
' there is difference betwixt Osbaldjion s Cafe, and my Lord Bifhop of
' Lincoln's^ for they were only fent to my Lord of Lincoln^ but he
' did never contrive nor publifh any of them.
' It is evident that he did publifh the(e, for they were (poken of
' by Trowel and Walker, and the Women did talk of them in the
' Market.
' But they (ay, That fome of his Attendants never heard him pub-
' li(h any (uch Speeches at his own Table.
' It is like he did not make it his Table-Talk : But, my Lord, under
' favour, my Lord of Lincoln hath bin too forward to entertain and
' publifh libellous Letters.
' If any receive libellous Letters, the receiving is not a publifhing
' of them, as it is in 9 Report. foL 59.
' In the %th Report, there is defFerence betwixt Words and I^etters,
' which concern a private Man and a publick Officer.
* If they do concern a private Man, it is no offence in him that
' conceals them : but if they concern a publick Officer, he that doth
' conceal them, is guilty, and fhall be punifhed for a Libeller.
' And I conceive my Lord of Lincoln to be guilty of Perjury in
' this Caufe 5 and, my Lord, that Perjuries are punifhable in this
' Court, (thqueh they are not charged in the Information) doth ap-
' pear, Hill. 2. £fo. 8c Hill. 4. Eli%.
' My Lords, I do with that this Age that is fo much infeded with
' deviling and divulging (candalous Letters and Words, that fome ex-
' emplary Example might be made, that we might hear no more of
' fuch (candalons Matters.
' My Lords, before the Conqueftthey had very (trift Laws againft
' Libellers, (as to have their Tongues flit ) ; And in the time of £<:^.i .
' and Ed. 2. there were fpecial Commiffioners appointed to enquire
' after Libellers, as in the clofe, Roll. Parliament, and fo I humbly
' leave them to your Lordfhips.
The Court proceeding to Sentence, declared in general, *That
* they had received (atisfaftion that Mr. Osbaldjion was the Contriver,
' Writer, and Publilher of thofe odious Appellations of tho(e two
* great Perfons. That his Defence was ridiculous, and that his End
' was the ruin of the Arch-Bifhop of Canterbury.
14 Caroli.
Mmmmm 2
As
I 808
HiHorkal Collections,
.//«. 16:58. ) ' As for the Biftiop o£ Lwcoln, they faid. He was a Perfon of Qua-
L<;*">y'"''*>J I ' lity, Parts, and Abilities, and one that once fat as Judg in this
' Court : That he (hewed himlelf very indifcreet in conceahng thofe
' Letters, and had thereby made himfelf guilty of a high Crime.
But for further (atisfaftion, take thcfe Speeches following made in
Court at the faid Cenfure.
StV John Finch, Lord Qnef Jujlice of the Common Pleas,
Jpake firfty the Lord Cottington king ahfent.
My Lords,
' r|-!Hete are two Defendents, (b there are two Charges in the In-
' X formation againft them.
' Firft, They are charged with giving Nkk^^names unto two Honou-
' rable Perfons of this Realm.
' Secondly, They are charged to P/o/, and contrive to work an
' utter ruin and overthrow to my Lord Arch-Bilhop of Canterbury.
' And in thofe Charges, I (hall obfcrve ieveral fteps and degrees.
' Firfb, An Endeavour and Agreement between Osbaldjion and my
' Lord Biftiop of Lineoltt^ to reproach and (candalize thefe two Noble
' Perfons.
' Secondly, A publifhing and divulging of the fame.
' In the (econd Charge I obftrve thele Steps.
' Firft, A falfe Rumour raifcd by them.
' Secondly, A publiftiing of the fame.
' Thirdly, An endeavour to work the niin of the Lord Arcb-Bifhop
' of CaKterhmy, by contributing ChargestoefFcdthe fame.
' And how far Oshaldficn and the Bifhop of Litrcoln are guilty, I
' appeal to your Lordlhips. I (hall now fhew the extent of the Infor-
' mation, the Charge being laid to be in or about the loth of Febma-
* ry, cW. 9 Car. Which Charge doth comprehend all libellous Let-
' ters, either before or fince 9 C^r.
' But it's true. If in the Letters will not appear that fenfe which is
' contained in the Charge, then they (hall not be within the Charge
' of the Information, and therefore the Information admits of as
* much favour to the Defendents as may be : For this Court doth ra-
* ther defire to find Men Innocent than Guilty.
' I (hall now come to the Particulars, and (hall herein obferve the
' courfe of the Defendents Counfel, who have diftinguiChed my Lord
* of Lincoln's Cafe from Osbaldjions^ and (b (hall put a difference be-
'tweenthem: For though Osbaldjion be guilty, yet it's poffible that
*■ my Lord of Lincoln may not be guilty.
* And as for Osbaldjion^ I hold him as clearly guilty of the Charges
' in the Information, as any have bin lentenced in this Court.
' For firfV, Osbaldjion was the Contriver and publi{her of thofe fcan-
' dalous Letters ; and I think there is no doubt at all, but that they
' were meant of the late Lord Treafurcr, and the now Lord Bifhop
* of Ganterlmry.
' Secondly, Your Lordfhips may obferve, what interpretation the
' Lord Bi(hop of Lincoln would make of them : How tl^t my Lord
' of Lincoln himfelf did conceive that he meant the Arch-Bilhop of
* Canterbury. ' The
Hifiorkal Collections,
809
' The third is by VVitnefles.
' Firft-, Walker fliitl. That he faw divers Letters wherein Osbnldjio)!
' explained his meaning, That he meant my Lord Trcafurer, and my
' Lord's Grace of Canterbury.
' Again he iiiith, He law (bme Letters wherein Osbaldjion ii(cd t)y-
' words, which my Lord of Lwcoln did not undcrftand until Osbafd-
'■Jion had explained them.
' Again he (aith, His Lordfhip did explain many ofthele dark
'Words that Osbaldjion wrote unto him, (hewing that he meant my
' Lord's Grace of Canterbury.
' Again he faith, That Osbaldjion (poke ba(c words of the Arch-
' BiOiop.
' And thefe be his R.ea(bns why he conceives, that by the Words in
' the Letters he means the Arch-Bifhop of Canterbury j which I con-
' ceive be very good and (ufficicnt Reafons.
' The fecond Witne(s is Cadwallader Toxvel, who faith. He ufed
' thele w ords in a Letter, The little Verwin^ the falfe <^cdiator^ the
' Hoafs Poem. And the Bilhop of Lincoln being in the Tower., de-
' mandcd of Porrel, Whether any of Mr. Osbaldjion s Letters were
' found > who anfwered, That they were found 5 Then, (aid the Bi-
' (hop, Osbaldjion is undone.
' Thus I have thought good to make a difference betwixt my Lord
' of Lincoln and Mr. Osbaldjion 3 for it is confefTed by my Lord o(Lin-
' coln^ that by one of thofe is meant my Lord Tre^tfttrer 5 but that (hall
' not convid Mr. Osbaldjion^ but it is plain by his own words what he
' meant. And that by thofe words (hould be meant Dr. Spicer., I hold
' it Co ridiculous a Defence, that I think he could not have deceived
' his School-Boys with it.
' And that by Leviathan (hould be meant my Lord Richardjbn^
' there is no colour for that •-, though for Dr. Spicer were confounded,
' what would the King or State (uffer by his ruin or confufion } Co
' that certainly it is meant of the Arch-Bi(hop of Canterbury,
'■ For Mr. Osbaldjion s going away, it is not judicially known unto
' me, and therefore leave it to your Lordfhips.
' And as for the (econd Charge, That he did Plot and Contrive
' for the ruin of the Lord Arch-Bifhop of Canterbury^ I hold that he is
' guilty, and that he did ftir my Lord of Lincoln to contribute Mony
' for that pur pofe.
' For my Lord of Lincoln^ I fhall only (ay this, That the Letter of
' the 9//' of January is fuch a turbulent and fcandalous Libel, that a
' Man of Place and Quality (hould not give any way thei-eunto 3 but
' that he fhould receive it, entertain it, and publifh it, this (hews that
' he had long a rancor and hatred towards my Lord Arch-Bi(hop.
* And for the Nickznames., I (hall (ind my Lord of Lincoln guilty as
' far forth as Mr. Osbaldjion^ for he did entertain the(e Letters, and
' did publi(h them, and it was an Agreement and confederacy fb to do,
' By way of Defence, my Lord Bp of Lincoln's Counfel did allege ^
' Firfl, That there was an Agreement between Osbaldjion and my
' Lord of Lincoln. Again, they faid, That there Was no certain Ap-
' pellation of my Lord Arch-Bi(hop of Canterbury.
' Secondly, There wasproof that my Lord of Lincoln did not (peak
' any fuch words at his Table.
' Thirdly, They endeavoured to prove. That nly Lord of Lincoln
^ never
l\Caroli.
8io
HiHorical Collections.
' never wrote any Letters containing any libellous Matter 5 when-as
' there was a Letter under his own Hand, which he would not con-
* fefs, although he was brought like a Bear to the Stake, and three
'times examined about it.
' Again they (aid. That he did not receive them, and yet he wrote
' an anfwer to them.
' Again, Admit he did receive them, yet he did not publifh them,
' but only delivered them to Mr. Wal/{er his Secretary.
' Mr. Attorney well remembred the Law, That if a libellous Letter
' concerning a private Perfbn, then he may conceal it 5 but if it con-
' cern a publick Officer, then the concealing of it makes him guilty
' thereof : And that the Letters were publillicd is moft certain, for
' they were openly fpoken of by Women in the Market.
' Another x!Mn^oiMx.Recorders was this ^ That if my Lord Bifhop
' of Lincoln did underftand Oshald^pn's meaning, }'et he did not un-
' derftand that he meant my Lord Treafitrer, and my Lord'sGfaceof
' Canterbury.
'Then, I (ay. He hath (candalizcd my Lord Treafurer^ and my
' Lord Arch-Bi(hop of Canierliiry -^ for by his own Writing he (aith,
' That it was meant of the(e Perlbns.
' The next is, the charge of a Plot laid for the ruia of my Lord
' Arch-Bilhop of Canterbury^ but I will not condemn my Lord Bifhop
' of Lincoln for that.
' The next Defence of Mr. Recorder was from this, That Mr. Of-
' bald^on wrote to the Bilhop of Lincoln^ (aying, I hope you will pick^
' out the meanings &c. ft) that there was no Confederacy and Agree^
' ment between them.
' Firft, I fay. He received the Letters, and publi(hed them.
' Secondly, He was (b far from nipping theie Scandals in the Buds,
' that he enquired further after them.
' Thirdly, That he was ready and willing to contribute Mony to-
' wards the ruin of my Lord Arch-Bi(hop of Canterbttry.
' I am (brry that a Man of his Rank and Condition, fhould make
' himlelf Companion with a School-mafter.
' And as for the Afperfion which they caft upon Mr. Walker, to take
' away his Teftimony, I (ee no juft cau(e thereof!
' tor they (aid. Either his Depofition is impoflible and beyond his
' knowledg, or el(e that his Reafbns that moved him thereunto, are
' infufficient. But for my part I know not how a better Rea(bn can
' be given.
' Another Objedion ag.tinft Walker is this. That it was long before
' thefe Letters were brought forth ^ and that thefe are not all, but
' there (hould be a third Letter.
' I (ay. It is a wonder that (b many were brought forth now. But
* that they had bin loft, or that my Lord of Lincoln had burnt them :
' for had I a Friend that I profefled fo much kindnefs to, as he did to
' OshaldSon,\ (hould be very forry that he fliould fufFer for his Letters,
* For the Teftimony of Gadrvallader Poml, I hold his Teftimony as
' fit to be taken as my Lord Bifhop of Lincoln.
* And for the Charge of the Defendents Coun(el, for the fubtil pro-
' fecution by the SoUicitor Kilvert, I (hall fliy little, I know him to be
' of a good Carriage in other Bufinefles, therefore if any fault be, I
' (hall only defke that it may be amended fox the time to come. I
'hold
Hificrical Collections.
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' hold that thelc VVknclks fland upright ^ and as for the other Wit-
' nelles, I fubmit unto your Lordihips, for in Sentence I mu(t confidcr
' the nature of the Caufc, and the Perfons.
' Firll:, 1 {liall not acquit my Lord Bithop oi Liticvbr, nor condemn
' him fo much as OsbuldjiofK
' I mufi: confider the PcrfoHs offending, and the Perfons againfl:
'whom they have offended.
' For the Peribns oifendccl, the firft is the Lord Treafurcr of Et:g-
W.W, one of his Ma jeftys Privy-Council.
' And the (econd is the Metropolitan of Etrglatjcl^ who hath ever
' carried himfelf with great trufl: and fidelity towards his Majefty and
' the Publick Good.
'And I verily think, that none can accufe him of the leaft corrup-
' tion. In a Court where mofi: Caufes of the Clergy are tried, I did
' never receive any private Meflagcfrom his Lordfhip in the behalf of
' any Clergy Man, which is a thing to be mucli obfcrved in him.
'For Mx.Osbaldlfot?, he hath bin a Parfbn, a Prebend, and a School-
'mafler. My Lords, I will not fuffer him, he is fb turbulent a Pern)n,
' and fcandalous Libeller, to teach and inftruft others. I would have
' him therefore deprived of all his Spiritual Dignities and Promotions,
' that he never have any place in the Church •-, neither hold I it fit that
' he fliould teach Scholars, (fliould Ido him jufticc, I fhould adjudg
' him fome fevere corporal punifliment) : I would have him deprived
' in the High-Commiiiion Court, and then to be fet on the Pillory in
' this Pdluce-Turd. And that he may be an Example to his Boys, I
' would have him alfo to fland in the Pillory in the Dcans-Turd^ and
' one Ear to be nailed in the P,ilace, and the other Ear to be nailed in
' the Dcans-Turd.
' I do fine him Jh-e thoufand pomids^ and Imprifonm.ent during the
' King's pleafure.
' And I do fine my Lord Bifhop o^ Lincch? fve tlonfand pounds.
' And I give to my Lord Arch-Bifhop of Catiterhtiry. fae thoufand
' pounds apiece for Dammages. -
SMy Lard Chief Jujlice Bramfton'i Speech.
My Lords,
THere are two Defendents, and they have made two Defences. I
find my Lord Bifhop of Lincoln to be guilty, though not fo full
and in fo high a nature as Mr. Oshaldlion.
' They are charged to Plot and Confederate together, to fcandalize
two Honourable Perfons, and to raife Difcord in the State, and to
feek the ruin and overthrow of my Lord Arch-BiOnop oi Canterbury.
' Osbaldjion wrote a Letter of the <)th of Janiury, and other Let-
ters, which my Lord Bifhop of Lincoln is charged with to receive
and publiQi.
' That O-rWi^iyrJ/Ms guilty of every part of the Charge, I fliall not
need to make any queftion f, neither (liall I much fland upon the va-
lidity of the Witneifes, for I fee nothing but that he is guilty of all
the Charge.
' I will begin with the firfl Letter of the ^th of January, in which
he would have two other Perfons meant there, and not my Lord
' Trcafurer,
lii^C'^roii.
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Wsiofkal Collections.
An. K538.
be
' Treujiircr^ and my Lord's Grace of CanterLnry t, but the one to
' meant my Lord Rkhardjdn^ and the other Dodor Spcer.
' Now what compariron was there between thole two Perfons?
' The one was Lord Chief Juftice, and as for the other, every one
* knows what he is 5 fb that it cannot be meant of thefe two Perlbns,
' for there is no comparilbn between them,
' And for thele words, the httle mcdliiig Hocus Pocus ivorkj his own
' cufifufiofi^ 8cc. How would this be meant of Dr. Spiccr / For how
' did Dr. Spuer Work his own Confulion ? And who would give fo
' much to confound Dr. Spicer ^ He is no fuch eminent Perfbn, that
' any Ihould give fo much to confound him. So that this Letter is very
' clear againft Oshaldlioii.
' And it ftiews a petulent Spirit, and an inveterate hatred and ma-
' lice, that he did long bear againft my Lord of Canterbury^ without
' any reafon or caufe at all, for he doth not (hew that he had ever re-
' cfeived any wrong or injury from his Grace.
"• I come now to the other Letter, wherein OshaldBon writ to the
' Biftiop of Lincoln to contribute Charges to my Lord Treaflirer, for
' the rtun of the little great Man 5 by which muft needs be meant the
' Arch-Bilhop of Canterhurj : fb that I fliall not ftand longer upon
<^lVIr. OsbahWon:, for if there were no Witneffes againU him, yet I
'■ find Matter enough in his own Letters to prove him guilty of the
' whole Charge, and therefore I ientence him with my Lord Finch.
' For my Lord of Lincoln^ I cannot (entence him as a Libeller^ for
' there muft be either a contriving or a publifhing to make a Man a
' Libeller, as Mr. Recorder well obferved.
' But I find him guilty of this Charge, That he received the libellous
' Letters ; and of this Charge, That he affented to contribute Mony
' for the ruin of my Lord Arch-Bifiiop of Canterbury.
' But it is objefted. That he concealed the Libel, and therefore he
' is not guilty.
' The concealing of it doth not clear my Lord Bifliop of hin-
' coin.
' For (as Mr. Attorny well obferved) there is a difference between
' a Letter that concerns a private Perfbn, and a public Officer.
' If a libellous Letter concern a private Perfon, he that receives it
' may conceal it in his Pocket, or burn it •-, but if it concern a public
' Perfon, he ought to reveal it to fome public Officer or Magiflrate.
' But it is true, if he divulge it to any but to a Magiftrate, he is a
' Libeller 5 and why fliould my Lord o^ Lincoln keep thefe Letters by
' him, but to the end to publill: them, and to have them at all times
' in a readinefs to publiiTi upon every occafion }
' For his being degraded, I leave it to thofe of the Ecclefiaftical
' Court, to whom it doth belong.
'And for the other part of his Sentence of the Pillory, I am very
' forry and unwilling to give fuch a Sentence upon any Man of his
' Calling and Degree. But when I confider the Quality of the Per-
' fon, and how much it doth aggravate the Offence, I cannot tdl how
' to fpare him : for thefe confiderations that (liould mitigate, makes
' the Ofience the greater, which makes me join with my Lord Finch
' in that part alfo.
' For my Lord of Lincoln, I do fine him three thoufand founds, and
' Imprifbnment.
'And
Hijlorical Collections.
I 813
•^And feeing the Offence is againft Co Honourable a Perfbn as my
' Lord's Grace of Canterbury^ and there is not the leaft caufe of any
' aggrievance or wrong that he hath done to my Lord of Lincoln,
' therefore in Damage I join with my Lord Finch.
' Secretary Windchancl^, and Secretary Cook, did both join with my
' Lord BrampUon for the Bifhop of Lincoln, and with my Lord Finch
' for Mr. Osbdldsion.
SMr, Gomptroller his Speech,
My Lords,
FOr Osbaldiion, confidering his place, I cannot but condemn him
very much, for by what hath bin alleged, I verily believe that he
did mean my Lord Troafurer, and my Lord Arch-Bi(hop of Canter-
bury : And my Lord BilTiop of Lincoln, and Mr. Osbaldfion, are both
guilty of Crimes in a high nature , one would have thought that
ray Lord Bifhop of Lincob;, being a Perfbn of that Place and Qua-
lity, (hould not have run himfelf into fuch danger as to have med-
led with fuch Matters ^ for had he not met with good Counfel, I con-
ceive that he had plunged himfelf in as deep as OsbaldBon in thefe
practices.
' And as for Osbaldfion s Sentence, I agree with my Lord Finch.
'And for my Lord Bifhop of Lincoln, I hold with my Lord
Brantfione.
' As for my Lord of Canterbury his Carriage, it is well known to be
upright, and therefore I leave it.
k
The Lord Newburgh his Speech.
My Lords,
FOr Osbaldfton, I find him guilty of every part of the Charge 5 for
the other I cannot fentcnce fb deep^ for I think my Lord of Lin-
coln is not guilty of the Plotting and Confederating,fbr the fcandalizing
of thofe two honourable Pcrfbns ; I leave it to your Lordfhips
Judgment, and lay all the Charge upon Osbaldfion.
The Earl of Dorfet'j Speech at the Sentence of Mr.Osbaldfton.
ARifiotle in his Politicks, admits not in the Government, of any
School-mafler to the exercife of Civil Duties, School-maflers
commonly proving the Apes of Tyranny; and being ufed to impe-
rioufnefs over Scholars, if you put a Sword of Juftice into his
Hand, you may eafily guefs how he will lay about him in the State
and City.
* I know not with what fpirit of Vanity this School-mafler was pof-
feffed, but we fie the monflrous birth of it 3 if the Pedant had kept
within his Rules, he might have bin taught not to have difturbed Go-
vernment. Look upon this Pragmatical Perfbn, and behold the
Fad, and what were the Motives, what the Reafbns to bring himfelf
upon the Stage. N n n n n 'His
CaroU 14.
J
8i4
HisioYtcal Collections,
Att. i6?8.
' His ill thoughts expreft in Ink a% black as his Crime ^ his Pen was
' fteep'd in Vinegar and Gall. What was it that ftain'd the Bifho.p of
' Lincoln's Ear with the poifon of ignominious Titles ? It was the Pe-
' dant. Who was it, that as a Thief that had ftollen another's good
"• name away, cries. Burn my Letters, on purpofeto go in darknels of
' the night ? It was a Parfbn. Who was it that endeavoured to ftain
'the purity of my Lord Arch-Bifliop's Honour with foul afpcriionsof
'Titles, little Grace^ little 'Onhin, l^a-min, &c ^ It was Mv.Osl^ald-
' Well, I will fpeak what I think, I fear none but Cod and the King,
' and I fpeak in truth, I am fure I fhall oftend neither of them. I have
' enquired of them who arc learned in the Laws, who (ay. That the
' plaineft Sence is to be taken. The Divines will tell you. That the
* eafy Places fhall explain the more oblcure. And if any Man would
' examine thofe Letters, and with judicious comparing the Title of
' little Grace with the other, he will be forced to confels the lenfe of
' the other, or elfe be blind at noon-day.
' But as Truth may be cleared by ftrong and folid Rcafon, ib it
' may be darkned and flia'Howed by the colours of probability of ap-
' pearances.
' But, my Lords, I think the School-mafter alleges his Services to
' the Common- Wealth, and his being flighted for it ^ That he hath
' bin thefe many Years, and dedicated his Pains and Time for the
' good of the Flowers of the Kingdom, Generofa clehentur. But I
' will confider him as a Man fubjcft to his Paffion, (which to take
' away, were to take away the Man himfelf) : I will allow him his
' Infirmities, but obferve a little his Envy, fee his Merits and Deferts,
' which he hath fo fouly abufed, with the height of inlblency and
' bold accefs, to the very Secrets of Empire and Government, to the
' difgrace of thofe Men of which the Common- Wealth confifts. I
'know not, (my Lords) the Fault of the Man may tranfport my
' Speech that I abufe your Patience 5 but I fhall give my cenfure of
' him 5 I learn'd in the Univerfity, how that a Syllogifm doth e\'tr
' follow the worft pan,feqiiitur dcteriorem ad partem^l am fure hisLet-
' ter doth : he might have found a better medimn to make up a Syllo-
' gifin of a Libel, for he hath concluded in the worft Body of all the
' Figures, w'z.. in Bocardo : So I muft concur with my Lord Finch
' in cenfure.
^ As for my Lord of Lincoln, linked in this Caule, I honour the
' Man for many Caufes, in many Relations, but for his Secretary Wal-
' ksr^ and the Clerk of his Kitchin, and the reft (where-ever the
' Letters were found ) 3 they have dealt like ACfcon's Hound, that
' turned againft and devoured his Mafter ^ the falfe Secretary,the un-
' juft Steward, and the unlawful Clerk of the Kitchin, who were fed
' at my Lord Biftiop of Lincoln's Table in his profperity, and now
* in his advcrfity they fall upon their Mafter to devour him. I muft
' fay of him, he hath forgotten himfelf, and agree to the Cenfure
' which the Lord Chief Juftice Bramftone hath given againft him. He
' did not as Feter did, when he had denied his Mafter, gone out and
' weep bitterly for his Offence ; but he juftifies himfelf^ and there-
' fore he is fallen into the Lime-twigs of his Adverfary.
The
WJlorical Qollections,
1 815
The Earl of ArundelV Speech.
My Lords,
FOr OsbaldJioH, I find him guilty of every part of the Charge 5
and that he is not (cntenced in a higher nature is, cojifi de bona
fortuna, for had he bin luffered to have perfifted in his courfe, he
had furely fallen into moft dangerous Error.
' And therefore I join in Sentence for him with my Lord Finek
' I am forry for my Lord Bi(hop of Lincoln^ he hath (hewed him-
felf very indilcreet, being a Perfon of Place and Quality, he now
falls low in his Eftate and Digniry •-, and thefe things will make his
Spirit fall lowerthanhis Body 5 and therefore I agree in all things
with my Lord Fimh.
t^arcjuefHaniilton hkSpeeeh.
My Lords,
FOr OsbaldfloM^ I find him guilty of the whoJe Charge. For my
Lord Biftiop of Lincohr, I cannot find him fo deeply guilty as
Osbaldjion. But certainly my Lord's Grace of Cafiterbtiry hath bin
exceedingly wronged. Therefore I give Dammages with my Lord
Finch.
' And for Osbaldjlon, I (entence him with my Lord Finch.
' And as for my Lord Bifhop of Lincoln, I join with my Lord
BrampBon.
The Earl of Manchefter, Lord Privy-Seal, his Speech.
My Lords,
FOr Osbaldfton, if you take his Words, his Meaning, and the End)
they will appear to be very heinous.
' Firft, His Words, to bring contempt and difgrace upon my Lord
Bifhop o^ Canterbury.
' Secondly, His Meaning is expreffed in the words themlelves, to be
againft two Honourable Perfons.
' Thirdly, And for the End, that was moft dangerous and perni-
tious. It was to overthrow and work the confufipn and ruin of my
Lord's Grace of Canterbury.
' Setting afide all the Witneffes, I will condemn my Lord Bilhop of
Lincoln out of his own Mouth, for he denies all.
* Firft, He denies the receiving of the Letter.
' Secondly, The entertaining of them.
' Thirdly, The publilhing of them.
' Not as Peter did when he had denied his Mafter, to go out and
weep bitterly for his Offence, but to juftify himfelf : Yet how can
my Lord of Lincoln deny the Letter that he wrote with his own
hand, and yet he will not confefs it to be his own Letter.
' And after he was Prifbner in the Tower, he called to Mr. C^dwal-
lader Povpel, and demanded if any of Mr. Osbaldjions Letters were
found ? Who anfwered. That they were found. Then faid the Bi-
fhop, Osbaldfton \s undone.
' Secondly, He defired that they (hould be kept clofe and fecret.
Nnnan 2 'Thirdly,
14 Caroli.
10
Hiflorkal Collections,
L
' Thirdly, Though they were kept clofc, and only put into the
' Pocket, if they concern a publick l^^rfon, he is a Libeller.
For Osb.ildjlof/^ befides all the corporal punifhment, I hold fit that
' he fliould acknowledg his Offence in writing to my Lord's Grace of
' Cuvterburji.
' And as for the Bifhop of Lhcoltj^ I hold that he fliould alfb make
' an acknowledgment in writing to the Arch-Bifliop, for he is a Per-
' fbn of great Place and Quality. And my Lord of Lincoh is under
' Canonical Obedience to the Arch-Biftiop by his Oath ^ and Difobe-
' dience is a breach of his Oath , therefore he lliould acknowledg
■ l/is Offence under his own hand.
'For my Lord's Grace oi Canterbury^ he hath ever carried himfelf
' yi'w]} much gravity in his place, and Piety towards God and the
' King, and the public Good x, therefore I leave him in honour as I
' found him, and fentence the Bifliop of Uticoln with my Lord Bjvw/-
' (lone •■) and Osbahljlon with my Lord Finch.
' The Earl of Holland joined in fentence with my Lord Finch for
' Osbaldfton^ and with my Lord Bramjione for the Bifliop oi Lincoln.
TU Lord Keeper his Speech.
My Lords,
' T F I be not miftaken, it is mifpending of time in opening the
I ? JL Caufe, therefore I fliall ufe as much brevity as may be.
' And, firfl:, I (hall begin with the firft Letter, and think it fit that
' this Letter, and all the Copies thereof^ (hould be fupprefTed.
' Yet I may make this u(e of it. That Osbald^ion and my Lord Bi-
' (hop had a long time continued intercourle of writing fcandalous
' Letters, and falfe News.
' Again, I make this ufe of it. That my Lord of Lincoln having
' received fuch a Letter fb fcandalous againft the King and State, did
' conceal the fame.
' My Lords,For the Letter of the 9//) o^'Janmrj^my Lord Bifliop of
' Lincoln doth deny that he received it 5 and therefore I think that he
' conceived it to be a fcandalous Letter, which made him to deny it.
' Again, He kept the Letters by him, that he might have the words
' ready to tell unto every one at his pleafure.
' And as for the Letter of the ^oth of January^ he deniethto make
' ? perfedf: anf\\'er to it.
' It was the faying of one that was late Lord Chancellor^ That ke
' never liked a Caufc^ rphere there iverc dmers Anjxvers in it 5 neither can
' I like this, when my Lord Bifhop of Lincoln hath bin fb often exa-
' mined, and will not make a perfedl Anfwer,fbr he hath thrice bin ex-
' amined upon this Letter, which is a fhrewd Argument unto me,
' that he knew well that there was fcandalous Matter contained init.
' Ne){t, my Lords, is the publifhing of thefe libellous Letters, and
' I think it very fit that my Lord of Lincoln fbould be charged with
' the publifliing of them. If they were in the Band-Box, then that
' was a publifhing of them •■, and he delivered a Letter to his Secreta-
' ry, which was a publifhing thereof.
' But it's true. If a Man deliver a Letter to his Secretary, and com-
' mand that he fhould keep itfecret, I conceive that is not a publifliing
'^"it. 'U
Hiftorical Collection,
8
' If there were no other proof but this, I (houkl think my Lord Bi-
fhop of Lincoln and Mr. Oshaldjion to he guilty, not only of con-
triving,but alfo of publifhing and divulging (candalous Libels againft
the Lord Arch-Bi(hop of Canterbury^ and the St;tte.
' As for WitnelTes, although there is no need, ( for it is plain with-
out Witneffes) yet there be divers Witneffes that prove it.
' Now it remains that I fhould proceed to Cenfure.
' It concerns the late Lord Treafiirer^ one of his Ma jefty's Privy-
Council, and my Lord Arch-Bifliop of Canterbury^ two Honourable
Perlbns : And my Lord Arch-BiQiop had not only bin a Friend to
the Bilhop of Lincoln, but a faithful Mediator for him to his Maje-
fty, and was always very faithful in returning his Majefty's Anfwer
unto -him j and yet notwithftanding all this, my Lord of Lincoln
hath done many heinous Oifences ngainfl: the (aid Arch-Bifhop of
Canterbury.
' For Osbaldfion his Cenfure, I agree with my Lord Finch, and do
add thereunto, confelUon of the Oifence, and Submiffion.
' And for my Lord Bilhop of Lincoln^ I agree with my Lord Bram-
fione,'
1 he Senteftce of the Court Vffos,
THat Mr. OsbaUjion fhould be fined five thottfand founds to the
King, and pay five thoufand pounds Dammages to the Arch-
Eidiop 5 be deprived of all Spiritual Dignities and Promotions 5
imprifoned during the King's Pleafare, and make Submiffion.
' That the Bilhop of Lincoln be fined in five thoufand pounds to the
King, and three thoufand pounds to the Arch-Bifhop ; to be impri-
foned during the King's Pleafurc, and to make Submiffion.
' And Osbaldflon was ientenced to ftand in the Pillory in the Deans-
Tard, before his own School, and his Ears to be only nailed to the
Pillory.
It (b hapned, though the report was that Osbaldflon was run away,
that he was in Court ftanding in the Croud at the Cenfure 5 and when
he heard the (aid Cenfure of fome of the Lords, he gueflcd the Caufc
would go againft him, and knowing the rule of the Court, That if
the Warden fhould etpie him ni Court, he might command his Tipftaff
to apprehend him 5 as foon as the major part of the Court had pafi:
Cenfure upon him, although the Lord Keeper had not then given his
lenfe 5 therefore he got out of Court, went to his Study at the School,
burnt fome Papers, and writ on a Paper, which he left on his Desk,
That if the Arch-Bijhop inquire after me, tell him, I am gone kyond
Canterbury. Whereupon Meflengers were (ent to the Port-Towns
to apprehend him ^ but he lay hid in a private Houfe in Drury-Lane,
till the Parliament met in November 164.Q.
C.irolus
7
1 4 Carol j.
I.
818 \
Hiflorical Collections,
Jn. 1658-
A Cdpy 6f tlic
King's Letter
to the Nobili-
ty, efr.
J
Carolus ^ex.
Right trufty and well-beloved Coufins and CourtfellorSjWe
greet you well.
/jtpjipe late DifojtJcrsi k^ €)ut Ecalm of Scotland, becuii ttpon pic=
^J^ truce of EcUgion, init Ija^c bin raifcD bp famous ^piritsf,
ann fomcntcn bp fonic fem iH, trcacIjeroup^affertcD peifansi,
luljofcaim Ijatlj bin, bp tcoubling tlje }9cacc of tljat ©uc ii'inijDom,
to iDO^k tljctc oiun particufac €nD;s, ann (nociri to fljake off all 050-
narc&ical <J5oi3crnmcnt h altljouijlj caie often aCfure tl)em, tfjat OLlc
I refolije to niauitaiu conftantlp^tljctc Eeliffton cftablifljen bp t!)c tatusJ
of tbatjainiytiom 5 10 nom grouin to fa l),g!j ann tianffcrcu0 Confc-
^icnce, tbat itncct tbeir finiftet I5?ctences, tljep Ijabe fo fac fcouceo
manp of ©ur J^eoplc ti)crf , tljat great aim c onftnerable jfoices arc
raifeo aim aflcniblcD ixi fuel) fojt, a*; OLle ba^e reafon to take into
©ut confineration, tbe Defence ann S>afctp of tljisi ©uc lAtniytioin
of England : Snti tljetefo^e upoii tuc ann mature confultatton toltlj
tbe Lo?ti0 of ©ur l^^tUpCouncil, Wt Ijatie cefolijeti to repair, in
©ur Eoial l3erfon, to tljc ji5o?tl)ern parts of tbiis ©ur Hxingtioni,
t&ere, bp tlje Ijelp of 9lnugl)t}> cr^on, anutbc affiftaucc of ©tir lobino:
8)Ub}ect!3, to make EeCftahce againft anp ijnlwfion tljat map Ijappeiu
antito tlje ena tljat tbijs uiitb etpeoitton map be effecteo as eile tie^
fire, to tbc ^\m of «Sac,ann tbe ^lafetp of €JS anu tljfs our lAinff-
oom of England, ^e Ijaiie tiirettetJ, tija't a confinerable i*lrmp, botlj
of ipojfc ann ifoot, fljaii fojtbtuitlj be leDien out of all tlje S>{)tres of
tljis ©ur t^ingnom, to atteno CIS in tljis Action •■, Ui&erein mz no-
tljing ooubt, but tljat tbe 'Affection, Courage, ann jfinclitp of ©lu:
l^cople toill appear* CCle in tlje mean time babe tbougbt fit to gibe
pou notice of tljis ©ur Ecfolution, ann of tbc State of tljcfe at'=
fiiirs : !3nn luttOal bercbp no recjuire pou to attcnn ©ur Eoial per-
fon ann S)tannarn at ©ur Citp of York, tbe firff nap of April nei:t
cnftiing, ioitb fuclj equipage, aitn fuclj iPojees, as pour 'Birtfr, ipo-
nour, ann Jntereft in tlje Commonaltp notb oblige poti to, &c. ann
OLle no,ann babe reafon to e:rpect from pou aperfa^mnnce bereof s ann
tljefe ©ur letters fljall be as fufficient dm effectual a Warrant ann
Difcbarge unto pou,ta put pour felf,ann fucb as fljall attenn pou,inta
arms ann ©iner as afa?cfain, as if pou tocre autbon^n tbereunto
unner ©ur <i5^eat %zix\ of England, ann Olle no Ijcrebp require pou
to certifp unner pour ipanns, \;^\x\^\\ fiftem naps after tlje receipt
bereof, tobat aftiftance £Be fljail erpect from pou berein, ann to nircct
tljcfame to one of ©ur I3?incipal €>ccretaries of ^atc.
•Siuen unner ©ur S)ignet, at ©ur l^alace of iiaettminner, t^£
1 5th nap of February, in t()e 14th ^eat of ©ur Eeign*
Whilft the King was gone towards the North, the Clergy went on
briskly with their Contribution to the War againfl the Scoln^ as by t
particular Account following will appear.
The
\
Hifiorical Collections.
Si(
THe Contribution of the Clergy in the Diocefs of /.
Canterbury^ as appears by Mr. Will. Cratwier's Ac-
count, An. 1639. '^mounted to • . 554
Of the Dean Sc Prebends of the Cathcd. of Cantcrhhry 500
T^iwgor Diocefs ■ •■
l^rijiol Dioceft ■ ■
Cbirkejier Diocefi ■ ■ " ■
Ely Diocels • ■ •
Glocefler Diocefs •■ • •■
Hereford Diocefs • ■ •
Lincoln D'locdl in Bedford
In the Arch-Deacoriry of St. Alhans in HertfordJI)ire
In the Arch-Deaconry of Huntington ■
Norrvich Diocels, in the Arch-Deaconry of Norwich
and Norfolk^ — ■ • • •--
In the Arch-Deaconry of Suffolk^ and Sudbury
Winchejier Diocefs • ■ • •
WorcejierU\occis
The Dean and Chapiter of Wmdfor^
' 192
■ 714
-985
-764
• 566
• 662
■ 315
72
209
•1094
■ 921
1305
• 624
• 200
J-. d.
05 03
00 *oo
08 08
11 08
16 00
08 00
07 05
oi 03
19 06
12 04
14 06
16 08
19 09
05 08
19 07
00 00
What was contributed in other DiocefTes, we want a perfeft account
thereof 5 but in all the(e forementioned, every particular Clergy-Man's
Contribution is fpecified by Name ^ and the Names of thofe who re-
futed, or were unable to contribute, were fpecially certified, and re-
turned to the Arch-Bi(hop.
The Contribution of the Doftors of the Civil Law, at Dolors-
Commons, as appears by {everal Notes under Sir John Lamb's own
Hand, found among his Writings, amount to 671 /. 13 ^. 4 d. paid
in.
How ready fuch of the Clergy were,as inclined to contribute to this
War, will evidently appear by this Letter of Dr. John Pocl^ington,
(who wrote Sunday no Sabt-ath) to Sir John Lamb.
S I R,
OAT Thurlday and Friday /<{/?, the Clergie met at Bedford, before
Mr. Commilfary, Mr. Thorne, and my Self. We found them
willing to contribute as much <fi rvas propounded. The pooreji that gave
any thing at all, gave no lefs than 3 s. 10 d. in the pound, without deduc-
ing of Tenths ; the moji gave after 4 s. fime 5 s. fime after 6 s. in the
pound. Much of the Mony is paid in, and 1 fuppofe it will be all in
Mr, Commiffary's Hands by the 26th of this Month, the day appointed
for the paiment. I doubt not but the Clergie of England will teach the
Minijiers of Scotland Duty and Obedience 5 and if their Laity will be
taught the like by Ours, his Majejiy I hope will have a Roial and Joiful
Progrefs into Scotland j which God grant.
At this Meeting, lunderjiand that Dr. Micklethwait is the Man ^n
nominatio7i for Sandy --y heis my old Acquaintance, and very good Friend,
whom llovewnh all my heart, for I tah^ him to be aright Man for the Church--^
and if it might pleafe God that he might be better accommodated nearer his
oven Means, I thinks we pould mutually rejoice.
l^Caroli.
820
HiUorical Collections,
An, 1638.
5\j5 Parfinage of England could Jii mc better than Sandy ; it is of
good valne^ it rvonld draw Ktc out of that Corner^ rvkere my fiirring for
Church-Rights mak^s me Icfs acccptailc rtith fome great Hands.
As the Clergy of the Church of EngUnd did liberally contribute
to affift his Majefty with a fupply of Mony againft the Scots^ fo the
Subjefts of Evglafid, of the Romjl) Religion, were not wanting to
follow that Example ; nor the Queen in countenancing the lame, as
by the Papers following will appear.
The Qiieen's Letter for the leavying of Mony againft
the Scots,
Henrietta Maria %
W€ ijaijc fa ffoan a belief in tde Loialtp anli affection of W
^aicflv'0 Catljolick Subjicrtis, ass tue ooiibt not but upon tW
©ccafion, tijat Ijatlj callcti Ijiss #aica^ into tljc ji^o?tf}ecn pactis, io\
tljc Detente of W Iponoitr ant! Dominions, tljej) mill r j;p?efsi tDcm-'
imt^ fo a&fteo, ais toe Ija^e alluap^ repjefcntc5 tijcm to W 5?9atc-'
ffp. g»o in tfjte common ccnfent luljic!) ijatlj appcareti in t&c Bofai-
Ittp, Jucffe0, <Sentvp, ann otl)er0, to foitaam {ji0 ^a^eflp'is ^et:=
ijtce bp tijctc l^£tfan0 ann %mt^ 5 luc ijaijc matie no tsiffictiU}? to
anftDcc fo? tlje fame co^tefpon^encv in W Catf)0iick @)iibjeit0, a0
Cat!)olich!5 : Botluitljflaniiinu tljep all Ijaue altcanp coneiitceo to
tt) 0 i):si {^ajcn^'s S;ctl!ice, accoitsiiio: to tljc fiDualitiess toljercof tOejj
are, tufjen otljer^ of tlje fame £lualitp were callcn upon : jro.2 lue
bclicije tljat it became U0, toljo ija\3C bin fo often intercfteti in tlje
Solicitation of t&eic 'Benefits, to fljeto out feltjeis notii in tijc per=
fiiafion of tljeir a^atituuesj. Cijcrefoje ijatiino; alreatf , bp lji0 ^3a-'
iefli? ann bp otljec mean^, rccommenBeti to tftem tljijs earned nefirc
of C)urgi, to affift anu fer^e W ii^aieftp \i'^ fome confinerable fum of
09onp freelp anu cljcacfullp p?efen*-eti : ©He IjaVie tl)ou0!jt fit (to tlje
enti tljat tljiss cut* cefire map be t|)c moie publick, ann tlje moie au-
tlja?i5cti) Ijerebp to giue pou Ccmmiffion ann Direction, to niflribute
Copic0 untrerpour Ijann of tlji0 (teftification t!]ereof,unta tOafc tljat
Ijaije met iw London b)) our Direction about tlji0 Tufincf^, ann unto
tlje fcuetal Collccto?0 ^of enerp Cciuttp* ^nn a0 toe yjcfumc tlje
fum tljep luill raife, mill not be untuojtljp our pjefenting: to tljciRinu 5
fo fljall tue beijerp fenfible of it, m a particular rcfpect to our kM%
ann taill enneatiour, in tlje molt efficacious manner a0 vuc can, to
ixw^m'MZ tlje v)9erit of it, nun to remoije anp appicijenfion of p?efu=
nice, tljat anp (tuljo fljall emplop tljemfeltjes toiuams tt)c ©uccefs of
t^0 asufinefs) map conceive bp tljis, ann bcaflUren, Cljat toe Uiill
fccure tljem from all fuclj obieaen Jnconnenicncie^* ^nn toc are \jc
rv confinent, tljat tljis cur firft Eeconnnennation toill be fo compiien
toitljal, a0 map not onlp affojn U0 particuUrr fati^faction, but alfo fa=
cilitation totoamsi t&eic oton anijantaues.
At this junfture of time, when thele Contributions were fet on
foot to raife Monies to fupply the King againit the Scots ; there was
delivered to the hands of the Author of thele CoUdiions^ by one
Mr. Atidly^ lince decealed, a Copy of a Paper which he laid he had
from
!
HiJloYtcal Collections,
8
21
from a RomiJI} Recufant, averring it to be ftmt from the Pope to his
Nun(?io in Effgljt2cl, which in regard it relates to the Scotifti Affairs,
(though we have no other Voucher for the ilime) yet we iliou'^ht fit
to communicate a Copy thereof to the Reader, which fbllowcth in
thefe words.
A Letter From the Pope to his Nuncio in England, at the
beginning of the War with Scotlmii^ui badly tranflatcd.
Y£>ti are to conimaiiD tljcCatfjolickis of England \\\ o:eiiri'itl,'(J:{).n
tljcp ftiDUenlp tjcfitt from niaUing ftic!j offers of a3cn touiarDjS
tW if3ojt0ern CrpcOftion asi U)C Dear tJjcp i)a\jc ^mt\ little to tfjr
aObantage of iteirDircretiou: iSim lilteuufe it I'si reiimfitr, confiDer
m tlje pcnaitp aficanp inipofrD, t^at tljr p lie not tm fo^uiaro uiitO
J^onv, mm tm\ mijat tau> ann Diitp mmx^ tljem to pap, icitfjoift
aiip 3!nnouation at all, oi oicuj of makiiiff tljciiifeiues ratiier tocalter
pniars^ of t()C fcuuglJom tfjan tljcj) Uiere before*
%mim t^z p?itijinc!af0 of eucr|) €)^cr, tfjat it iti crp^iTp p^cfji-
isitf 0, iio nio^c afiemblie^ (of iuijat nature facucc ) nja« ntinut »:f
tlje laftj) to Oatie ettljrr Sloice o? ©fffion in it , brjn.it to&ntiuifi u m-
ffcD fo! a p^ccccent, 10 btit onlp an ^Iftiipatiouv
Drdarcunto tljebeft of tfje peers anB i^enticmcn,l)]J too^Hof a33iitfj
0? Letter, Cfjit ttep ouijijt not to crp?ef& anp auerfencfsj, in cafe t&e
^ifff) Court of pariiamrnt U ca'Iea 5 noi fljcto anp tiifcontcnt at tije
^m Wtl) no not pouiMiiancU aim at Edition, beltniy in tTeneral tijc
moif jfuntJameiital lato of tijat l^mgoom.
QBHiCe t!je Clerg? to tiefiff from tljat fooMj, nap ratfjcr illiterate
antJ cfjiltiiflj c uftom of Diftinction in tlje p^oteltant anB puritan Do-
ftrine* ana efpecialip tf)i0 Crro? i0 fo nuicl) tlje greater, luljcn thcp
unnertafieto pjoije tljat p^oteflanttfm is a Decree nearer tOe Cat()o=
lick jFaitl) tJjait tfjc ot^er ■■> m fmce Ijotlj of tfjem be uiitljout tlie
ijerffe of tlje Cl}urclj, it'0 neeoiefsi ^ppocrifp to fpeak of it, pca, it
begetis mo?e malice tftan ito U30?tlj.
Cijat tl)e p?oi3incial!3 are herein reqiu'ren to ^m a general Uiarn-
ino: t().miD:l) all O^teris, Cljat no iaeiiijiou0 porfon ougljt to be fe
^iMta (by anp jOobleCi3en, eitljer €)fficerj3 of tljc Crotun, 0,' tbe lifee,
tufjo p?etenD to be Ccifmatick) iitto a p?enumire. lo? ijc tijat iiare$
not mm tlje Crtitlj a0 Ijis Confcienceliirect0 Ijim, 10 not loo^tljp to
be foiiffljt 0? foKouseii bp anp of cur if aitlj. TSut on tlje otfjct fioc tue
ffibe tlje like commanti, Cljat tuljofcevier 10 tljouijbtcncliniitff ta>j?oD
in lji0 beart, let no Q5an be fc raflj to boaft ano fpeak it tib;oao*
ail bufp enquiries are foibiD5en, but efpeciallp into arcanac0 of
State*
Cbat none of tbc Cljurclj, tolietljer lap^Tsiotber 0? ecclrfiaftick,
contribute fo largelp a0 tbep baije cone to tlje ©ocietp, but nifpole
tljeir Cljaritp, tljat e^erp ©jOrr map partake alike*
Ooooo
14 Caroli.
§22 [
Hijlorkal Collections,
.Ail. 1638.
Concerning
the l-opc's
Nuncio.
April.
A Copy of the Letter fent by thofe affembled in London^
where the Pope's N««cio fat as Chief, to them ot the
%omij}) Religion in every Shire.
THe wchfcd Advices and Motives being fo awple^ (tts you will per-
ceive by pcriijing them J) it rvill not be needful that ive enlarge our
fehcs upon any Particulars concerning the condutt of the bnfinejs' which
they dircii the way in. This therefore fervcth only to convey them to yoii^
(ai JVC are entreated by thofe that have met here., and have undertaken to do
3t) and defire you to repair immediately unto thofe Per fans to whom they
bedirc&ed.y and to deliver the fame unto them in the Name of all the
l\rohle-Men and Gentry (together with our Selves ) affcmbled here at Lon-
don, by the §)ueens Commandment., ^0 jet forward- this Work. And we
pray yon afjure them., in the nioft cjfcacious manner you can., (eff gaging all
our Credits for truji thereof) That it if the Sence of us all., both Ecclefia-
fljcal and Lay Pcrfons., that by the difcharging of their and our Duties to
God and the King 5 it mainly importeth the good of Caiholicks to have
their BiifinejS take good fuccefs. Therefore entreat them to deal a&ively.,
and "fficacioufy, and foeedily., according to thefe Advices and Motives.
We arc fo well perfwaded of their Devotion to put fonvards fo pious a
Work., that we doubt not but they trill be as well fat i sped in the needfulnefs
of the thing., and be asreadytoemploythemfelves in it., (receiving the Af-
forance thereof and Pcrfo/ajions thereunto, only from our hands) as if they
came by all the mofi formal ways that can be imagined •-, which., in a bu(i-
ncfs of this nature cannot be expe&ed. And although the Advices and
Motives be dirc&ed only to Lay-Gentlemen ^ yet we defire you (and have
anfivered for you) that you n-ill employ your felves., and all thoje that de-
pend on you., (incerely to foUcit and difoofe all their minds that you have
relation unto., as powerfully as you can., to contribute chearfully and bcmnti-
fully upon this Occafion 5 which is the firji that ever we laboured in of this
kind., fo we hope in God it ivill be the lajl., there being no probability of Jo
prejfing and urgent a nececejjity to occur any more.
Tours., &C.
Sir Kenelme Digby, and JMr. Mountagiie'^ Letter^ con-
cern'in^ the (jntribution agamjl the Scots, by the .^n^'s Sub-
jeEii of the Romifli ^Ugion.
IT is foiffciently already kf^own to every one., the extraordinary Graces
and Protc&ions we owe the ^een's Majefiy^ to whofe favourable In-
tercejfion wc mufl afcribe the happy Moderation we live under ^ fo as
we doubt not but an occafion of the exprejjion of our Gratitudes will joi-
fully be embraced by every Body., which the prefcnt ejiate of his MajeUys
Affairs doth now offer us. We have already., by our former Letters., en-
deavoured to prepare you to a chearful Ajfoilance of his Majefty., in fjis de-
clared Journey to the Northern Parts., Jbr the forming of his Kingdom,
and fuch other Purpofos as bis RoialWifolom JI.iall i-ejolve ofj that Jo you
may really demonforate your felves as good SubjeSs as God and i?^ture
requires of you. Now her Majejiy hath bin gracioufoy pleafcd to recom-
mend unto us the Exprejf/ons of our Duties and Zeal to his Majesty's
Sci-vice.
Htftorical (Collections,
823
Service^ by fome confiderabk Gift from the Catf.olicks. Afnl to remove
all Scruples, (that even vpell-affe&ed Pcrfons may vteet nvth) fJic under-
takes to feaire us, and all that JJjall employ tbemfclves in this Buf.nefs
from any inconvenience that may be Jitjpe&cd, by their or our forrva'rdnefs
and declaration in this kind--^ it rvill eafily appear to every Body how much it
imports us, in our fenfe of his MajeSiys Dejires, to prcfs every Body to
firain himfelf even to his befi Abilities, in this Proportion, f,nrc by it ree
fiall certainly preferve her gracioufnefs to us, and give good CharaCkrs of
ffur Devotion to the King and State f of xrhofe benignity we have all rea-
fon to give Tejiimonies, and to endeavour to produce Arguments fur the
frofecution and encreafe of it.
Now for the beji expedition of this Btijinefs, (which is tic chief Cir-
cumjiance that importeth in it) we have thought Jit to recommend it to
your nominations of fuch Perfons (K Jljall in your Opinions be agreed, for
the ableji and beji dijpojed in every fcveral County, not only to Jollicit, but
to colleQ fuch voluntary Contributid>ts, as every Bodies Confcicnce and Du-
ty Jfiall proffer. And we full dejire you to give us an account of what ac-
ceptation it receives from Friends, which we cannot but expe& very fuc-
cefsful, and anfwerable to the jorwardnefs we meet ivith here about Lon-
don 3 for which rye Jljall offer ttp our Prayer to God.
V/al. Mountague.
Ke. Digby.
We crave leave a little to digrefs in point of Time, and to infert
(bmething pertinent to what is before mentioned to be written by the
Queen's Majefty, to the King's Subjeds of the RomjJ/} Religion, to
encourage them to contribute Mony for the Service of the King
againft the Scots 5 for that when the Parliament met, Nuvcmb.:^.i6/\.o.
her Majefty underftanding that the Parliament did take it ill for writ-
ing in that manner, and for that end mentioned in her Letter, did
(end a Meffage to the Hoiije of Commons by the Comptroler, which he
delivered in thcle words.
THat her Majefty has bin ready to ule her beft endeavours for the
removing of all mifunderftanding between the King and King-
' dom,
* That at the requeft of the Lords, who petitioned the King for a
Parliament, her Majefty at that time writ etFeftually to the King, and
fenta Gentleman exprefly to perfwade the King to the holding of a
Parliament. 'v
* That (he hath fince bin rrroft willing to do all good Offices be-
tween the King and the People, which is not unknown to divers of
the Lords, and fo (hall ever continue to do, as judging it the only
way of happinels to the King, her Self, and Kingdom.
' That all things be juftly (Itled between the King and his People ,
and all Caufcs of raifunderftanding taken away and removed.
' That her Majefty having taken into confideration, that one being
(ent to her from the Pope, is diftaftful to the Kingdom, flie is defi-
rous to give fatisfaftion to the Parliament within convenient time,
and will remove him out of the Kingdom.
Ooooo 2
That
14 Caroli.
8h\
Hijlorical Collections.
' That underftanding likewife, that exception hath bin taken at the
' great refbrt to her Chappel at Denmark^Houfe^ (he will be careful not
' to exceed that which is convenient and neceflary for the exercife of
' her Religion.
' She further taketh notice, That the Parliament is not fatisficd
' with the manner of raifing Many for the Affiftance of the King in
' his Journey to the North, in the Year 1639, at her entreaty from
' the Catholicks -, flie fays. That (he was moved thereunto, meerly
' out of her dear and tender afFeftion to the King, and the Example
' of other his Majefty's Subjedts, (he feeing the like forwardnels in
* others for the Affiftance of the King.
' If any thing be illegal, (he was ignorant of the Law, and was
I ' carried therein only out of a great defire to be affifting to the Ring
' in fo preffing an Occafion f, but promifeth to be more cautious here-
' after, and not to do any thing but what may ftand with the eftablifti-
' ed Laws of the Kingdom.
' Her Majefty being defirous to employ her own Power to Unite
' the King and People, defireth the Parliament to look forwards, and
' pafs by (uch Miftakes and Errors of her Servants as they may be guilty
' of formerly , and this your refpeft (he promifeth, (hall be repaied
' with all good Offices (he can do to the Honfe, which you will find
' with real E(Feds as o(ten as there (hall be occafion.
""rht Names of the QUeSiors for gathering the Recufants Monj,
to maintain a War againji the Scots.
M After Churchy Sir Robert Charmck^^ Mr. Robert Heveet.
'Barfelt)ire.
Mr. Anthony Ittgksfield, Mr. Tnrel.
'mm.
Mr. Robert Dormer^ Sir Edrvard Maufield, Mr. Throgmorten^ Mafter
Bringjmr^.
Mr. Henry Huddlefion, Mr. Charles Paryes, Mr. Barker.
C()efl3ire«
Mr. Bidulph of Bidnlfh^ Sir William Majfey, Mr. Witlidm Sfattley,
Mr. James Pool.
€oivmi
Mr. Vi&or^ Mr. Bnrlacey, Mr.Trevelion.
Cumbcclanti*
Sir Francis Howard, Mr. Jofiph Porter.
DatbpO)ire»
Sir Francis Willoughby, Mr. Avery of Hajfop, Mr. Pool, of Spinctqll.
DelJon(t)ite*
Sir Edward Carey ^ Mr. Berry ^ Mr. A»thotiy Gifbrd^JDr. Chichejier.
I Mr. George Penny the Elder, Mr. George Arundel, Mr. Web of Lan-
ford, Mr. Wells of Pnrbeck.
Sir Ralph Conniers, Mr. George Collingwood, Mr. Edward Smith.
<SSk%,
Hifiorkal Collections,
825
Cflet.
Mr. WiUiAtn Peters, Mr. Thomoi Wright, Mr. Richard White.
<55Ioccff£rfl)trc»
Sir 'John Winter, Mr. Wak^mtin, Mr. BenediB Hull, Mr. Atkinfin.
$pertfo?ti0)trc, •
J^iutrino:Ooit(t)ire>
Mr. Pr/Ve of W^ingUy, Sir Thomas Shirley, Mr. Thomas Cotton.
Mr. William Bodenham, Sir JoA« Wigmore, Mr. William Moor of
''Burrop, Mr. jfc/j« Harp.
^ampfljire>
Mr. jfo/j« Arntidel, Mr. George Pe»«;/ the Younger, "Mx.WillDroen.
ment*
Mr. *^e77jamin Wyborne, Mr. Clement Finch, Mr. T?ettite.
ILaitcafl)ii:e*
Mr. ISradJljaw, Sir ^ec// Crayford, Sir William Gerrard, Mr. iVL;-
lineaux of the W^w<^, Mr. Townley of Toronley, Anderton of Lojlocki
!Lctcefterfl)(re*
Sir Francis Englefield, Mr. Golding.
liticolnfljire*
Mr. Anthony Monnfon, Sir John Thimhlehy, Mr. Robert Confiahle.
lonBon and ^(tnjiefer*
Mr. Ctf;?e, Mr. JR<?a:, Mr. ''Beclfet, Mr. Richard ^ethem, Mr.Edward
Harp, Mr. Morgan, Mr. jf^A« Chapperley, Dr. Kirton.
Mr. Everrard, Mr. Charles Walgrave, Sir jHe»r^ ^eddingfield, Maftcr
William Pajion.
Ba?t^amptonfljlre»
Sir William Saunders, Mr. [^<?/)« jPatlton.
Jl^otti'ttffljamfljire.
Mr. Thomas Smith the Elder, Mr. Thomas Smith the Younger.
l5o?tl)umberlami.
Sir William Fenwick, Mr. Haggerjion, Mr. Withrington, Sir Edward
Ratclif.
Sir Richard Farmer of Kiddington, Mr. William Stone, Mr. iJl-iZ/A
Eutlatmfljire*
Mr. Nicholas Cripps, Mr. William Andreves, Mr. -(4/i^tfc;^, Mr. J^aww
Sir 'B-i/// '^rook., Mr. Tlorvden, Mr. jf^'A^ Harrington.
S)ometfetfl3tte*
Mr. E(?7«e, Mr. jFtfA« £»•/«/ the Elder.
Sttaffo^tiflji're*
Mr. IBrook^ of Lapley, Mr. Stamford of Terry-Hall, Mr. P/»7///
Dr<yf«'f.
Mr. Edward Cotton, Sir Richard Wejioni
Sir Jtf^« Shelley, Sir Ji?^« Carro/,
^iiffom.
Sir Francis Mannock^, Sir i^c^er <31artin. Sir Edward Sylyard,M3L({er I
Thomas ''Bedingjield of "^edingfield. laJartDitfc'
1 4 Carol i.
S26
Hifiorical Collections.
L,<2?'>/-^aJ Mr. Anthony Dormer, Mr. Thomas Morgan, Mr. William Shelden,
Mr. Richard t^iddlewore.
Mr. William Arundel, the Lord "Baltimore, Mr. Edward Stilling.
aBo?cefletajire*
Mr. Willioftt Abingdon, Mr. Wilham Shelden.
Mr. Anthony Ducket, Mr. jfr?A« Leyborne, Mr. Fleming,
Caff^Eftlfne:, The Lord D««W, Mr. '^righam, Mr. Langdail.
OHett=Eft»inff, Baronet T^t^/Sr, Baronet G^y?w», Mr. TAc/wdJ Jr^-
terton, Mr. T^hilip Hitngate.
jO0^tl>Eftlin5, Mr. Craythorn the Younger, the Lord F^/r/ax of
Gilling, Mr. yinthony <^ennell, Mr. Laurence Saire.
31flc Of 2BigIjt*
'B?ecfenOClt» Mr. r^'w/er, Mr. Bfz;^/;, Mr. haddock.
Carnarijoit* Mr. lejrw.
CacfmarDeit* Mr. Torvky.
CarDigan* — leiw/.
C!amo?n;an» Mr. TurbervUe the Younger.
Dcnbifff)* Mr. Richard Floyd, Mr. Crew.
jfltntfl)U*e* Sir John Connoveay, Mr. Pf«»^/.
^OimiOUtS* Sir Charles Somerfet, Mr. <^organ of Lantamam,
Mr. Morgan of ///^».
C^OntffOmerp* sir Terr; Herbert.
}pemb?OOK(l)trC+ Mr. Towncley of Arnofiill.
]^ntinO^(l)trC« Thomas Crowther.
A Note of thofe Shires which are defigned to fet forth
Foot and Hor/e for his Majefty's Service againft the
Scots.
Comtoal -
Foot.
-I200-
•1500-
©ontctfct — ■ — 1 200-
mm 700-
'BriDfo?li 200-
"Berlin • — 400-
— 750-
oeucUmfftam-
£).toit
Camb?itJD:-
Suffolk -
Do?ttt —
Horfe.
150
■ 000
150
7S
■ 40
• 44
40
■ 300 • 40
- 300 ■ 40
- 400 40
-1500- . 50
■ 700 50
Dei30tt-
<SIorcffec -
iOartnicfe ■
|>artfo?li -
iI3o?foIfe
Foot.
-2000-
-1500-
-1000-
- 300-
- 500-
- 1800-
il5o?tIjattiptGn — • 700-
S)outf)ampton~ 1000-
^urrep . 500-
^uflejc 640-
Horfe.
— 60
—125
— loo,
— 44
— 40
— 200
—150
— 85
— 65
8c
HonHon 3 000 oco
WALES.
Hijlorkal Collections,
WALES.
14 C droit.
iflint
3ng(efep -
CavDiijau
Foot.
- 60-
- 100-
Horfe.
Camiactljcn — 100-
CaernacVien — 500-
Denbio:!) — ■ — 250-
— 25
— ' 22
ICO 17
50 • 17
— 17
^12
— 25
— 100
— 5^
•t lOOO-
— 500-
Foot,
13emb?ooU 150-
RnHiio? —
Q3cri(mrtf) —
loo-
50-
150-
300-
300-
Horfe.
— 50
— 100
— ' 50
— 40
— 35
— 35
I SO-
SO-
- 23
-000
The fum of Foot-
The (umof Horie
-23670
- 2366
A true Lift of the number of Horfc^ Tikefften, and Mufque-
tiers, Dragoons and Curajiers, (et out for this prelent
Service for Scotlandy at the Charge of thefe Counties
and Shires following.
Cumber ianH 125 Pikes. 125 Mufq. 50 Dragoons.
Jl5o?tl)UmlJCVlaittl 250 Pikes. 2 5oMu{q. 100 Drag.
a2IeCnit?lantl — 125 Pikes. 125 Mufq. 50 Drag.
JOctocaffle 250 Pikes. 250 Mufq. 350 Drag.
^0?fe 6720 Mufq. 5521 Pikes. 60 Horfe.
Duretttte 532 Mufq. 500 Pikes.
lancafljire ■ 420 Mufq. 160 Pikes. 50 Drag.
Bajtljiuiibcrlanti 282 Mufq. 125 Pikes.
CfjCfljire 356 Mufq. 244 Pikes. 50 Car.
@)taffi3^ 248 Mufq. 152 Pikes. 30 Horfei
£>crbp — ■ 239 Mufq. 161 Pikes. 74 Horfe.
linCOllt — ■ 1080 Mufq. 720 Pikes. 230 Car.
In'CCffcc — • 290 Mufq. 1 10 Pikes. 38 Horfe.
EutlnnD ' 60 Mufq. 40 Pikes. 30 Horfe.
Wejlmerhifid^ Cumberland., Northumberland^ and the Town ofNerp-
Cajile, are not to March into the Field but upon fpecial Direction.
The Total of all the Foot in the ten Counties 19483
The Total of all the Horfe • — < 1233
t If not a mi-
Itake.
828
HiBoYtcal Collections.
Art. 1638.
A Lift of Horjii and Carters to be ferit out of divers Coun-
ties, for Carriage of the Train of Artillery, e>c.
'BerUsi
Horfes,
-50
30
TBttcKdiuljam - 50
Camb?itiff — 50
Derbp — — - 60
Doifct — — 20
Cflcj:— 60
<S5Iottcefltt — 50
Jxttfo?iJ 50
J^ercfo?5' 30'
llxintmgton — 50
mcttt. 20
Iciceffetr — - — 7c
JLancaffcr — - 50
ItttCOitt 60
ll5o?t!)ampton
Bottingljam—
€)j;on-
Eutiatm
S^alop
Horfes.
—30-
-60-
^ometfet
Southampton
Staffo^D
^arUJick —
l(Uo2ceffei: —
mnta
70-
-50^
-40-
— 2C—
-40-
-20—
50^
-50-
•60-
60-
•50-
50-
Carters.
— 10
— 20
—23
— 17
— 15
— 07
—13
—07*
— 17
17
20
20
17
17
ofHorfes-
•1350
ALiftof hisMajefty's Navy, with the Names of Ships
for this Summer, 1639.
The Rainbow
The Vantguard—
The Vt&orj-
The Umcorn —
The James —
The Captains.
' Sir John i^ennivgton.
The Leopard - — -
The Antelope .
The Bonavetiture "
The Dreadnought—
ThQMury-Rofe —
The Expedition ^
The Providence —
The fccond Whelp
The eighth Whelp -
The Roebucks ■
The City Ship
Capt.
- — Cape
Capt,
Capt.
Capt.
Capt.
Capt.
-. Capt.
Capt.
Capt.
Capt.
Capt.
■ Capt.
Capt.
. Capt.
T^ovejf.
Minns,
Murrey.
Cartwriglt.
Stradling.
Feildifig.
Kirk,
Hall.
Shitrgsby.
Flemmi».
Barlow.
Fox.
Woln>ard.
Topham.
At
HiJloYtcal Qollections,
\ 8^9
@>ff Whitehall, Febrj6. 1638.
A Letter to the Lord Arch-Bifhop of Canterbury his
Grace, touching Clergy-men, Defaulters at Mufitrs in
the County of Devon.
W Hereof the Deputy Lieutenant of the County of Devon, returned a
Certificate to the Earl of Bedford, Lord Lieutenant of that Coun-
ty^ and his Lordjlyip to the Boardj of divers Defaulters in Arms in the
faid County. And namely among others^ Mr. Pyne Clerks of Beerforris,
Mv. Burnal Parfon <j/Highbickington, iVIr.Strode Re&or tf/Ditti(ham,
and the Parfons of Woulfworth, Puddington, Walhford, Eaft*Buck-
landjBondly, Cleveborough, and Bittadon, for their Spiritual Livings 5
vphich ill Example of theirs^ may prove very prejudicai to his Majeiiy's
Service. We have therefore thought good hereby^ to pray your Grace to
fend to the Lord Difiop of that DioceJ? concerning the fam.e ; that his
Lor4jJ)>p calling the Parties aforefaid before him, may give effc&ual di-
redi'pns to them to conform themfehcs, and forthwith provide fitch Arms
as by the Bifiop of that Diocejs have bin, or jlmll be fet upon them j which
if they, or any of them, full refuje to do, in convenient time, after notice
given them, then his Lordfiip is to require them, Jo refufing, to give their
perfonal attendance upon the Board fome day in ^sA&x-Tearm next 5 And
fo, Sec.
At Whitehall^ Feh.i6.i6^S.
A Letter direded to the Earl of Newport y Mafter of the
Ordnance.
WHereas Sir Jacob Aftlley hath advertijed, that it is requiflte there
Jlmtld be fent to Hull a proportion of Arms for Curajfiers, and a
good number of Partifans and Halberts, which together with fome other
Arms, both for Horje and Foot, he deftres may (as he fiall Jee cauje to
dire3) be by Captain Legg, or Jiich other as fliall have charge thereof at
Hull, fent thence to York, to be there fold to fuch Perfons of that County
as fiuU dejire to buy the fame for their uje. We have there for e^thought good
hereby to pray and require your Lordfjips forthwith not only to fend to Hull
200 Curajfiers, ico Partifans, and 7co Halberts, but alfoto give Ch'der
and Warrant to Captain Legg, and fitch other as have or f mil have charge
of Ims JMajefly's \Arms and ^Mumtion which arc at Hull, or fiall be fent
thither, to fend from time to time to York, or elfewhere tlxreabouts, juc^
.Arms and ^Munition, either for Horfe or Foot, as Sir Jacob Alhley
Jl?/dl under his Hand dired, and to deliver the fame into the Hands and
Charge of Jiich Perfons as* theVice-Prefident of York fjall appoint to receive.
Jell, and deUver the fame for the ufe of the Country ; for which thisjljall be
your LordJJjips Warrant. And fo praying your LordJl)ip to give ajbeedy
Order herein accordingly, we bid, &c.
l^Caroli. \
Ppppp
Feb.
8^6
: j:: T .
HifioYtcal toUectioffi^
Fehrud)y 17.
The Kind's Majefty caufed a Proclamation and Declaration
: . to be publiiTied, to inform his Loving' Subjects of his
\ii K'ii^g<iom oi England^ of the feditious 'Pra<Stices of £ome
in Scotland, feeking to overthrow his' Regal Power, under'
falfe pretence of Religion.
Retitimi €tjattul)Ctfa0iIIleI)atjcenlim'ocurelinotu, fo? along
time tosctter, fap all calm ana fair tuaVjC*,' 't6 appcafc 't\)c Dif=
o^m, antJ ttmiUlttiou0 CarriaQ:e0 caufeti fcpfome eiiil affccteti per=
fanisiu ®ur Eealm of Scotland, but f)it5crt,o all in tiaitts' Wic
jjaijenotot^oug^titnotonipfit, but mcetfarp fn general, to'ihajm
nlWrn mim ^2ubiC£t0 m llji^ SXic Ecalm of England, jbl^at ttit
Ctutf) is of iDut ^i)|c<:ectjmu0, loJjat C)iiv Icnitj? mt5 ijcntlcncf^ Ijatf)
feui totuatOJJ tgem, ann trjjat froujart! anu peturrfe Eetiirrtg t&cp ftaut
mane to (110, ntttoWtiUtJinn: all tljcic fpccictisi Pictences, tfe bet
ter to tnfiv'iate tfernifeltiess ann tiitit oOiouiS Cattfe, into tljc nunti^
I of r '' -^ '^! -aiibtectsljere, '^LWt 'Ditomx^ anli€umtatj3 Ijauc
; 1 bih I "etJ in Scotland, ano fomenten bp- faafous ^pirit0", anu
. itijoic tcmtcmifl? affcitc5, began upon p?etencc0 of Eclition, (t^e
' Cfinimon Cloali fo? all DifobeBteufe) but noU) it clraclp appears, tfje
aim Gf tl)Cfe ^en 10 not J^lig ion, as tfjep falflp pictcno anci publifij,
hilt it is to fljafee all ^^onarcbical ^oiicrnment, anti to uiltfp C>iir
Begal l^iJobJcr, jufllpBcfccnrtcts upon (Lis cvser tljcm : Bap, tl)cir ^a-
iicc"rcnci}C3;i to far, botlj againft S)ur potcer'ann prrfon, astbatin
a moft cunning anB Cubtil iuap tijep Ija^e cn5cai)oui'c5 to poiion tlje
iQt^m. of ©ur gooTJ aim loial Subiects- tif tbi^ Cue l^aigtiom,
am ^0 fetiucctbcm (tuetc it in tbcir potuer) to tljeliltc EfiJclliou.g
Ccurfi0iyitbtbemfclDe0. Bm tljougb t»e are moft ircnfitient of
©ui- 13ecplc0 acre:tions toMrtis m (of tubi'cl) tUv Ija^je gi^cn Sis 1
a cleat teflimonpjbp tbeir reatip ant cljcarfulaffiftancc in tbts Cati&) j
anb ba^e not tbe icaft tbougbt tbat tbofe turbulent ^pin'ts. fljall anp
\nap pzeliail toit!) tbem, pet U\t cannot but tolti it requiiite td gi^e
tbem tiniclp notice of tbeir traiterouis Jntentionis, iuijicb Uty manp
toap^ appear unto GiS* s
.a^firff, bptbe multittitie of tljetr pn'nteti 13ampblets, 02 ratljer
intJctc infamous ilibels^flurTeti full of Calumnies agaiuft Cur Eegal
3utboiitp, an0 S)ur moll iuft p^oceetiings, anu fp^eatsing of tbem
in ti^ijers partes of tljis €)ur t^ingoom.
i " g)CCon5![p, 06p tbeir fencing of lcttel-«j to pJibate ll^erfon^, to in-
cite tijem againft (lis 5 aimfeiiQing fomeof tbeir felloto Covenanters
to be at pjibate ^:^eeting!5 in London ant el(ei»bere, to pcrijcrt ©ut
ircoB l3eople from tbeir Dutp ^ anB fome of tbefe C^eetings mt.
kncia," aim fomeof tljofe letters (letttenougb) (HLIe babe fcen.
Cbirbly, Ti5i> tbeir publick contemning cf all our nifl Conmianojs,
an» tbeir mutinous p?otemng againfv tbem, a courfc not fit to be en= j
mircB in anv tnell-oitiereli li^ingtom.
j'ouctblp, '^P tbeir reieftmg of tbe CoijenaitfcommantJeB bp ©ur
autboJitp, becaufe it lua^ commanBen bp (Hs h tubercas no Coi^enant
Drni5ann of tbat nature, in tbat i^inguom, batb eijer bin, ouanbe
legal
Hiftorical Qollections.
If gal anti iunrrmitafale, UJljicfjljatljitotbinconinianDcK, ozatlcatt af=
fciitcD unto bv Eoial ClutIjo?itp* 210 fo? inffaiice, C&at Covenant in
€)iir arar fatfjci-'sJ Cimc uiafi contiefccniieii unto lip Ijini, anQ fo tb?
©ubicit (attljcbumWc ^:ctition of tfjc tj^cncrai aficmblp itfelf)
permtttctj bp Ijim to fign it ^ ££le tap it again, Cfjat ©uc Cotjenant
UJas rejfctcD bp tijeni, bccauCe commannen bp Clisi ^ ann tljis isj mani-
fca, bccaiiCc foi i^atrcfjs of Eeiigion ©ursi asrccu in all tfjiinyg tnitlj
tljeit m\\ Coijcnant* Otp lubiclj Coucnaitt of tf)cicis, tijcp Ija^jc
trcacljercuflp intjuceti nianp of ©ut: 13coplc to ftnear to a T5anti
apinftu^: Uiljic^ a^ann antJ Cobcnant (oi catbcr Confpiracp) of
tljcir0, cculU not be luitlj ©00, beinn; ajyainft a^tljc Loin's anointeu
oijcr tijcnu ^^iit it U)ii!Ei,an5 10,3 TSanu an:! Coijcnnnt pictniocti to be
icitlj (©no, tbat tljev map tuitb tljc better countenance no tlje ^loikiei
of tlje "DtW, fuc& a0 all Creafons anujacbcllionis are*
^nU lafllp, 06p tbcir moH Ijoftile p?epnration0 in all feintis, asi if
cac iiere not tljeic ii\ino:> tut tljeir fiua?n €nemp. jfo? uiljat can
tl)eit Jntentions lie, beino: tijusi p?^paren, but to inijabe tfjis L^ino;
Dc-m, fljoulti tljcp not finB as? reaBp, botlj to rcfifl tbeir jfo^ce, attti
to curb tljcir 3ufolcncie0 f f onnanpjanti fame of tfjc tliie&flanionpft
tijem, are03en, not onlp of iniquitt g:pirit£i, but of broken ifo?^
tinie0,ann tuouHi \st uxv ij^ao of anp occafion (cfpcciallp unocr tlje t^^
lour of Rcl(D.ton) to make tijcm tobole upon tijc lanos ano i^oong
of €)ur ^uuiects in England, tub 3 Wit piefume (brfioes tbeir ailc
glance to (Ufi) toill look better to tljcmCclijeg ano tljeir <£ftate0, tban
to fljare tljem UJitlj fucb ocfperate Jpppocrttes, tuba feck to bj better
ano cannot well be tootle, aaie oemano again, 2B()at Jntentiono
Elfe tljcp can babe f fa? OLle Ijane alreaop ofien atfureo tljem h-^ Qur
publifljeO proclamations!, Cijat Mle are fo far from tljinkiitg of
anp Jnnoijation 0? Alteration of Eeligion, tbat COe are refolbeo to
maintain tbe fame conftantlv, anO as it is effabltnjeo bp laui in tb.u
©ur iaingoom* J15ap, fo oefirous ijaije ©tie bm to gibe content un
to tbem, as tljat 2Be ijaDe in a manner conoefcenbeo to all tubicb
tljep petiticnco fo? : Bap, ©ur lP?incelp Clemencu in tljefc p?oOuceo
no better effeii, tljan increafmg ano oaring Jnfolencies, to ©tir OiO
Ijinour botlj at ipome ano ab?oao 5 ^et ca.le pafleo bP all, till tljcp
ftrucfe at tbe uerpEoot of tAinglp <©o^ernment, fo? tbep batjc noui
aflumeo totljemfciucs Eegal }5oU)er* jfo? tobcreas tbe Ji5?int is tbe
iiiingsinaUL-ingooms, tljete feoitious s^en babe taken upantljem
to p?int iubat tljep plcafc, tbsugb CSUe fo?bio it -. ano to pioljibit mm
tbep Oiflike, tbougb 2He commano it h ano Uiitb tbe greater affront,
babe fa?biD anO Oifmift tbe 13?inter tobom CHe eftabli(beO> IScaoes,
tbep bavie taken upon tbem io con^ne ©ur 8)ub{ect0, raife arnncc,
block up ano befiege ©uc Caftles h to lap Jmpofttions anO "(SLmt^
upon SDur people, tb?eatning fucb as continue in loialtp to as, toitb
jFo?ce ano Violence* Co tblS U\t fljall aoo, €bat tbep babe nigbico
tbe Directions ano l3oU3er of ©ur Coimcil-'Cable \\\ tbat ilungoom,
ano babe fet up Cables of tbeir ovon, at uibxb fome of tbcir lenoers
fit unoer tlje JBame of Committees, from tbe late p?ftenoeo »©tneral
aiTemblp, 0? tbcir Deputies ^ ano tljus tbep meet uiben ano inbere
tbep pieafe, Creat ano ConcUiOe tobat tbep pieafe, ano feno tbeir
CDicts tb?ougb all parts of tbe mtngoom tuitljout anp confent, nap,
tDitbout all knolDleog of (US, Our Commilfioncr, 0? Council, ano
Olrectlp contrarp to manp flanoing Lauis at tbiS Oap in fo?ce in tbat
Ppppp 2 f^xm-.
3\.
14 Carolf.
833
HiHorical Collections,
Jn. l6:!8.
t\\\\vmxx\, ann pet p^cnn (Lliolattoit of t&cit jU^js, asi one of tije
main Caitfcfi of tljcir bwm firU Oifienipn-0*
rjcic tijctcfoic mt take *©oli ant tljcffilia^lti toOiIttner^, mc fjolti
©urSiclf fojccD ann comuaineti to arm, not omp to reclaim tijem,
ano to (et ©ur J^inglp autl)0?itp rigljt again, in tijnt S)ur ancient
ann Ji:Jatt\jc miiignom, but alfo fa? tf)e ^afetp of tt)i0 Eingtom, €)ur
Loial ©ubjfft^ in it, iMitfj tijeir C(Lliije0, CfjiIU'cn, anti mm% a0
toil ns £)ut oiwi, agamft tlje Ease anB ifiupof tijefe spcn anotljeir
Coijcuant* SnB tljis 2IIe tijinU fit to let pou furt!)ec fenou), tftat £?[Ie
fjopc \\\ €in*»e to mai^e tte bifl of tOcm fee, tDat (Dlle to U cnHiire na
fuffj Couennnt anTi a'^anti in €)uc t^ingDam to toljiclj CXLlc fljall not
confeiit. S)0 tijc Ciuei!ion 10 not notu,MIijetf)cr a @)ei:^ice- Book i0 to
Oe recciDeii 0? not f no? luljettcr <£pifcopal ^ouernment fljaU be con=
tiiuien, n PiC!3bpteriaI aBmittetJ f TSiit toljetfiec W>z are tljeir JKiniy
o| not f ifo? tijong;!) \\\ fome of tijcir libels tijep gitie m goon tuo?ti0,
ano fpcak m fair fo? tfjcir otun enn^, efpf ciailp \\\ tlje lad pnnteo at
Edinburgh, Febmarii quarto 16395 pet fame Of tf)em refUfeU batfj
tijr €)atO of allegiance anu enp^emacp, ant publicklp tnaintain,
^fjat tijep are not oblsgetJ to talu; tlje fame* BoUj IjoUj can 2xtle
tijiuk tijefe 99en arc Dutitul ants loiai \\\ tljeir Ipeart^, tljat b^cac!>
fuel) caniierbgi ©pinions ^ 0? relig iouflp minnetJ, tl)at teaclj fuclj re=
belli0U0 S^oitriue, anti fo contrarp t^ all, WxX) p^oteffant Diuineg
teaci) totuarB^ t!)e ^m> auB tlje CiiJil ^agiSrate f Bap, t^v> Ijabe
infectca Uiberg of tljcit Countrp-men lo&icl) are come into otljer
iiDartjs uiitf) tlje fame Clenoni h fo? tljjee ©cotiS=men taken in Wales,
are at tljiis Bap impiifoneti, foi tiirect nenial of ©ur ®up?emacp ant
tljeir allegiance, faping, They cannot take thofe Oaths, bccauie they
have fworn to the Covenant. XUt tfjOUglj toe Ijatje \m tljUS! ttltiD
tou»artJ0 tljem, ant continuet fo long, pet tue ujoiilt not ijabe anp of
tbem, o?anp of ©ur otljcr @)ub<cct0 ttink, tljat loe can^? tuill per=
mitepiCcopal (^obernment, eftablif^et ^ manpactsi of parliament
in tbat ©ur mingtom, to be abolifljet, fceutg it iss fettoiun to tfie
tuljole C^jlllian mo?lD, tljat tbe fame i0 moft Cbnttian in it felf, ant
moft peaceable foj tbe Cibil etate, ant moa confonant to v^onarcf)i=
cal *J5obernment»
ant lue uioult bi^bc ©ur S)Ubie(t0 of tljat Hiingtom canfiter> tuljat
toill become of tlje tbirt €5Sate tlje re \\\ parliament, if ^ptfcopacp
fljDUlt be ab?ogatet f
ant furtbcr toe tbink fit to teclarc unto poti, a!tt to tbe €^\v
tlian aBo?lt, Cbat bP S>ur intention of introtucing tbe ©erbice-
01500k into tljat l^mgtom, uje Ijat not tlje leaft tljQugljt of Jnnoba-
tion of Religion in tlji0 0? tbat, but meerip to Ijabe a confa?mitp toitb
tfjat OLlo?fl)ip of Qpot, toljicbi0 obferbet tottbm botb ©ur otber jSimg-
tom0, tbougb ill-mintet ^en babe b>,ieftet fome tbingis m it to a a-
niller fence*
(Ll<Ue furtber gibe pou to unterflatit, Cljat tljere i0 a large Jyt--
claration coming fo^tb> containiJig all tfje particular l^aifageis tobiclj
Ijate occurret in tbiS" 'Bufinef!3, from tbe bcrp beginning, attefiet
luitb tbeir otoii foul aa^, to tifamil ant fljame tbeir fair, but falfe
bJ0?}!6* "But becaufetl>i0 cannot fofoon be mate reatp, toe bolt it
mofl eryetient to let tbi0 fljo^t S^eclaration fo?erttn it, tbat sDitr loiai
^ubieasi bere ant elCctobere, map not te infcfteo toitb tbeir falfe,
toicket, fpeciou0, butmottfccitiou^ 3irt"o?mationi5 : jfo? epmupic
fake.
Hijlorical Collections.
833
fake, in tijctr laft Ipaitipljict (bcfincs 5iijei:0 atijet falfc, bafc, aiin
fauininff pafiaffcs) tfjcrc ace t&efc fcanlialaitjs am moll natanous
(LlntrUtljJj : £10 firfl, tljCp fap, That we have committed the Arms
we now take, and the Armies we now rai(e, into the hands of pro-
fefled Papifts ^ tMljicf) (ss ttot xwoK Hifljmtourable to Dur frlf, anti tOc
il^oblc pcrfoirci iittruHeu hv m, tijau ooiounp aitti notiinounp faifc.
StijautjtJjepftll', That fomc of Power in the Hierarchy of Cliff lailUjhave
bin the Caufe of Our taking Arms to invade Our Native Kingdom,
and of medhng with their Religion : UJ&CCea^ It 10 ttlOft CCrtain,tljat
!iaonc0f tfjcm IjiVoc tsonc attptljino: tljccrin, but bv ©tic am J3nncc
Ip Dicection aiiB Conimaim* 9nn fo? atm0, it (s natonouflp iuiatuii
to all ©uc Council tijcn p?ffent,CI)at tbeic counfeis tucce fo2 l3eacc,
anti Ijane bin tlje perftDatJCt0 (a0imici)a0 in tijem la,i>) oftOemv
uefccueti ^otsccation tD()ccetoitlj ttic taije !)itl)ccto p^occebcti to\Bacb0
fo ffccat ©ffcntif cjs.
ilnU ftictljec tljep fap, That they intend no Aft of Hoftihty
againft CJHJJanti, unlefs they (ball be neceffitatcd in their own De-
fence, mc tootiio fain knoto, defence of lufjat f J^ it of ^iiobc^
tience f Defence auainft toljom f 30 it not affaintt (U0 tijeic Ccue
aim JLatutiU S)o\)eraign f 3?f tbeptuift Dcfenu aijainCt CIS, it oiifffjt to
be bp laU), ann not bj> sHcni^ ^ tijat Defence Uie (ban neijec deny
tbem, t|)i0 bp atni0 use fljail neber pecinit tbem» Botu ©uc latos
U)!)!cl) tbep fccm fo ntiicf) to Daliie, ace in a niamicc opp?eft bp tliem,
in fo nuicf) tbat Out Jutiffess ace fo aiueu, ais tljat tfjcp oace fjaclilp
pjoceeu ofco^tiiiiff to laiy*
mttl) t(jefe ann tlje ! ^e mutinott^ lLibe!0,tDeliefice one potiSitb^
ject3 (ijculti not be irfc jd, but tbat aH of tbem miffljt tiuoui tfje
p?efrnt neceftitp vst ijrujc to 5lcni ®ut ©elf, tnbicb i0 to? no otbec
Cud, fa\3;; onip fo^ tiie ^afetp ann @)ecuritp of tbt^ SDur t\inffCom,
tbe re eftabiifljinent of cut SlutIjojitie?5 in tl)at, ann tlje fiippjettino; of
fucbad baiie niiflen ann abufen ©uc ^ibjettis tbere, ann luouin (if
not p^ebenten) no tbe like bete, but \$ m tnap to infoice anp jnno
bation of Eeligion cftabiifljen in tbat J^ingnom, 02 an}' tuap0 to uv
fcinije tbe Lms iljeceof, o?anpoftljeitlibectic0 Uibatfocuec, Uifjicb
aie accoiBinff to Laiii>
Cbefc are tbecefo^e to UM ann Comniann all ©uc Loning BUb
)[cct0 of tbi0©ur laingnom, tbat tbep receive no mo?c of tbcir fent-
tiou0 paujpijicts fcnt fcom Scotkmd, 0? anp otfjet place concccninD;
tbofe aifair0, Inljicb can ba^e no otbec ute 0? influence, tban to D?aU)
tljelpeavt^ of ©ut loial people to tlje like Eebelliou0 Coitcfe^ 5
ann tbat fucb of ©ur Stubiecf 0 i)tt£) a0 batie alceanp ceceibcn anp of
tbeCc iacbelliou0 panipblct0, no p?efentlp nclibec tbem to tbe new
3!unice of peace, tljat be map fenn tbem to one of ©uc €)ecceta'
ne0, a0 botb tbcp ann tbe 3lumce0 of peace tnill anfuiec it at tbeic
titmoft pcn{0»
ann ©uc fuctbec mni ann plcafuce 10, €bat tbi0 ©uc \pmc\n^
mation ann Declaration be rean in time of Dibine ©erbice in eberp
Cburcb iuitbin tbe Einffbom, tbtit all our people, to tbe meanefl,
mai> fee tljc notorious Cacciao;e0 of tbefc £^"en, ann lifetuiife tbe lu-
ttice ann ^ercp of all ©ur p?oceeninff0»
Given at Our Court at II hitehall the 77th day of February^ in the
four and twentieth Year of Our Reign, of Efjgluful, Scotland, Fratice,
and Ireland.
At
Caroli 14,
854
Hi^orical Collections,
An. 1658.
At Whitehall, March 1. 1638.
^Letter direM to the Vice-Trefiknt of York, and Qounc'd,
concerning ^roVifion to be made there.
' A Ffter, &•€. Whereas his Majefty, by his Letters lent in February
' xJk. laft, hath formerly required you to take order, that there be
' timely care ufed, not only to hinder the exportation of all forts of
' Grain, Butter, Cheefe, and other Viduals out of that County, but
* to fee that there be a good quantity of thofe Provifions, as alfo of
' Hay and Straw for Horfe, provided in ftore in (everal parts of that
' County for (upply of his Majefty 's Army, which is intended to lie
' in the Northern Parts for Defence and Prefervation of the fame up-
' on all occafions. And whereas for encouragement of fuch as (hould
' make any FVovifions in that kind, his Majefty was pleafed, by his
' (aid Letters, to give you Direftions to aflure all Men, that they ftiall
' be duly paid whatfoever ftiall be received from them.
* Forafmuch as fome Perfons ill-afFefted to his Majefty 's Service and
' juft Refolutions, have endeavoured (as it is informed) to put
' caufleft doubts into the heads of fome in thofe parts, whereby to de-
' ter them from making any fuch ftore of Provifions as they would
* otherwife have made and referved for that purpofe. We are by
' his Majefty 's exprefs Command, hereby to require you again pub-
' lickly to declare and make known, in all fitting Places ; and noton-
' ly in the County of TJ^r^, but in all other the Northern Counties,
' to all Perfons that either have in their Hands,or (ball make any Provi-
' (ions of Corn, Meal, Butter, Cheefe, or other Victuals for Souldi-
'ers, or Hey, Oats, Peafe, Beans, or Straw, for Horfes, that they
'(hall be duly paid whatfoever (hall be received from them, according
' to the price of the Market. To the end that the Country may take
' notice, that his Majefty intends this Army for their Defence and Pre-
' fervation, and not for their Prejudice, as ill-a(fefted Perfons endea-
' vour by falfe Talcs to infinuate. Hereof his Majefty and this Board
' doth exped to receive an Accompt of your effeftual Endeavours
' before the l^th of this prefent March ^ and fo we bid you farewcL
'Dated the third of<^arch.
Memorandum
HiJloYkal Collections,
835
Memora'diim quod Jiptimo die Marcii, Jmio (I{egni ^e^is Ca-
rol! 14. 'Billa i/ia delikrata fuit Domino Cujiodi Mavni Si-
gilli Anglic iipud Weftmonafterium cxequeiid.
QHA^LES by the Grace of God, of England^ ScotLind,
France J and Lelandj King, Defender of the Faith, o-c
To Our Right Trufty, and Right well-beloved Couiin
Counlellor, Thomas Earl of Arundel and Surrey., and
and
— ^., — ,..^^ ^^. — ^*. ,...^.^ ...»« w,„,t^, ^„u
Earl Marfhal of England., and Knight of the moll: Noble
Order ot the Garter, Greeting.
'UjU.Boft) pe, tijat ftie repoftitfi: fpccial triilt anti coufiDciice m voucJ
f^ app?oneTi mimmh 1 u>clttp, (Hafcttc ms great abilitp, ijauc
affujncs, mace, cemitttiteu, annor^imtetipou toiJct{}c*Sc?ic-.
ralof C)ur acttiu intcnueD i"o^t()tmtf)toberaiCeli: aitD ouec a!! £)iijr
^en, ir!)ic!j Ijc, 0? fljaif be it\3iea in an C>ui: Counticsi uf tW ©iir
Eealin, 0? Donunian of Wales ; atiB aacmbler»3 m ta fte aficnilvfrQ;
to anj) armj), 0? armies, to tcfift ann luttOfiaitts all SiitlYifion^, €u-
nmltjEf, g>eDition0, ConfpitacieiS, o^attcuiptsitijatniap&appcnto&e
mane apinff ©ur ^i^erfon, 0? State :, aiio to Ku?e, *iDoiJcm, Com
manu, Difpofe auti Cmplop tlje fame armp, ann all Cfficerss fo cm=
ploieo, 0? to tie emploien concermng tlje fame, toitij all fuel) faftijcr
JFo?ce0, of tofjat l5atton fceftet, agi fljaU be fjcrealter foinen tl)fre=
unto fo? tljeic (iippip, fo? tlje accomplinjment of fuclj €vfcution0,
Defences;, £)ffeuceg, ann otljet S)er^ice^ ajs are 0? ttjaU be h)> (U0
from time to time iiitecten, iimiten, ann appointen, in 0? bp fuc?j
P?iljate 31nffcu(tion0 a0 are Ijerciuitlj neliijeren unto pou lumee £)ue
S)iffnet ii^anuaU ann fart!)cr, \ue Ija^e tTii^en poii full l^oiuer ana
autljo?itp, €ljat tlje fame perfons fo leUien 0? afiemblen, 0? fo to be
\tWts 0? afiemblen bp pou, 0? fcnt, conntittcn, 0? b?ouiiljt, 0? tfjat
otl)erti)ifefl)allcometopou, eitljcrbpour fetjeral ©?nero, o?bp$iu=
t6o?itp of tljijs our Commiffion a0 afo?efain, to tip, arrap, ann put
in reaninefsi 5 ann tljem, ann eijerp of tljem afttf tfjeir abilities,
DeijreejS, ann jf acuities, toell ann fufficientlp caufe to be Mleaponen,
ann 3rmen ^ann tafee,0? caufe to be taken,tlje ^ufterjs oftljcm,ai anp
otljer our Crnincn TBann^, tufjiclj tuitljin tljisi otirEealm of England,
annDouunioii of Waks, from time to tune, \\\ Pia.ce0 mod" meet
fo? tDat purpofc, aftet pour goon Difcretion* ann aifo tlje fame our
Subic£t0 fo arrapen, Crpen, ann armen, a0 uicll ii^en of arms,
30 ^02fe-men, arcljcr0, ann ifoot men of ail hinn^ ann ncureejef,
meet ann apt Co? tlje SJLlarsf, to »jpoiiern, lean, ann Connutt, againtt
all ann fingular our Cnemteis attempting anp tljing agatnfi cliSj, ©ur
Croton ann Dignitp -■> ann laDur fain armp to nibine, niflribute, ann
niTpofe, ann tf)c fame, 0? anp part tljereof, to conuep bp lann, 0? h^
2xllater, a0 occafion Ibad require, acco?ning to pour goon nifcretictti
ann tuitlj t&e fame Cnemiee, Kebeljs, ann ^raito?^, to figl)t, ann
tfiem to Jnl^ane, Refill, Eepjef^, l^urfue, ann follolu into anp £)ut
Dominions 5 anOtljnn tofubnue, ann to no, ftiffilann crecute all,
annCngiiiar otljcr tljingsj Uiljiclj fljall be requifite fo? tl'e Leaning,
«©dbcrnment,
1 4 Caroli.
Lo
Co
d NIarflials
mmilllon.
2^6'\
Hijlorical Collections,
vSoucrnmciit, ©mci-, mm Eu(c of olir faiD 3rmie0 nnu eubi'eit^,
aiiti to? conrcii3attan of one perfon anti 12)eace. i^utJ factfjeu ta tin,
offcc, nntj ctcctitc affaiitft tljc fain oSncnncsf, Ecbel^, Craitois, aim
tijcsc atsfjnrcutb, atiti otljct £)cltttciiient0 anu ©ffcnnec^, a? itccD
a)aii require, bp pour Diftrctiou, bp tljc Lattj partial, a^ our ©c-
ncrnl : ^m of liicfj appjcIjciiDctJ auti bjoiujljt into fubfcction, to fa^c
mfjom pen fijalltljinlt gooti to be fabcn, mm to fliip, tieffrop, aim pnt
to eretuiicu of DeatO, fuel) attD fo nianp of tfiem ag pou (ball tbinit
meet bv pour bifcre tfott, to be put to beat!) bp anp manner of uiean0,
to tije terra? of all otber ©ffeunerjs* !Jim Wit bo fartber n;ibetuita.
Doii cur <Sciieral, full power mm 3utbo?itp, fo? a0, aub in curl
i5amc, a0 occafion fljall require, acco?binff to pour goob bifcrctioitj
bp ptibliEfe l??9clamatiort, to make tenber of our Eoial <55?ace anb
parboil, to all fucb •Craito?0, Eebel^, abb all otber OSinbcrg m
fl)ailfubnuttO(II0, aubbefignto be relicbeb bp our^ercp* Sim
ftirtijcr, our mm anb pleaftire is, anb bp tbefe p?efent0 mt bo
gibe pou full potuer anb ^utboiftp, tbat in cafe anp Jubafton of
(£ttemif0, 3!nfurrc(tion, Kebeilion, Eiot0, Kouts, o? unlaUifUl af
femblicg, o? anp like ©(fences ajall bappen to be mobeb, Cbat tbcn,
as often as pou i1)a!l perceibe anp fucb ?0iSbemeanours to arife, #ou,
U3i'tb all tbe pobjcr pou can make, fljall tnttb all bilicynice repair, anb
fenb conbcmcnt jFo?ces to tbe places iubcre anp fucb Attempt, 3nba=
fion, unlatoful Mcmblp, 3Jnfurrcrtiott, o? Eebellion fljall bappen to
be mabe ^ anb fubbue, repicfs, anb re fo?m tbe fame, as uiell \x>
Tattel, 0? otber kinb of f o?ce, as otbertotfe bp tbe Lain of tlje
IRcalm, 0? tbclaUi partial, acco?binjr to pour goob bifcretion. 3im
fo? tbe better erecution of tbi'S our Commiffiion, Mt ^i^\i far=
tb?r ijibc pou poujcr anb autbo?itp, from time to time, to com^
manb anb require of nil our Lieutenants fpecial, anb tbeir T^tT^wt^
lieutenants of tbe feberal Counties of tbiS our Ecalm, o? Domi^
niott of Wales, to fenb to pou fucb numbec of able ^en (b? tbe
211 ars, as uiell rpo?femien as loot men of tbe Craineb IBanbs, o?
otber, fufftcientlp armeb anb. furnifljeb, to fucb Place anb places,
anb at lucb €ime anb Cimes^, as pou in pour ffillisbom fljall appoint
■aim require : Otlbicb faib iFo?ces pou are to ffobern, o?ber, anb
bifpofc, as pour p?cfent ©ccafions fljall require, fo? tbe abbantagc
of cur gierbice, accojbino; to pour goob bifcretion* Sub fartber, fa?
pour better affiffance in tbisour8)crbice, SBeboberebp affi0n,make,
conffittite, atiob^bain, our Eiffbt ®tuflp, anb EitjbtCilellbelobeb
Coufin, Robert (garl of Eliex anb Eme, fi^tCOUnt Hereford aim
Bourchier, lLo?b Ferrers Of Chartley, JLo?b Bourchier, tO bC OUr llCU
tj:nant<i5eneniloftbisourarmp5 anb out riffbt Cni(fi>, aimrisbt
eoellbeiobcb Coufin anb Counfello?, Henry (£arl of Holland, lo^b
Cbtef Suffice f Juflicc of Eyre of all our jfo?effS)Cbaces,Parks, anb
COarrcns on tbis fibe Trent, firft <j&entleman of our 'BebCbamber,
mib £^niffbt of tbe molt noble ® Jber of tbe t^arter, to be our «So
neralof our €:roops of Jl)o?fe, to ferbe ixWwi faib armp fo? tlje
CrcLUtton of tbis our Commiffion, acco?bfn[y to fucb Directions as
from time to time pou fljall tbiiik fit to gibe unto tbem» 9im far-
tber, OLle bo gibe pou pobJcr anb Sutboritp, to appoint tuitbincur
fam armp, a p?oboa=99arfljnl, to life anb mrcife tbataDfftce, in
Tucb cafe as pou Iball tbink fit to life t\yt faib laUi ^artiaL anb mz
bo alfo gibe pou our general full poiuec aim autboittp bp tljefe
p?efent0j
HijloYtcal Qoliections,
837
Piefent0, toipcar, Gramme, ann Debate, as uiflf bp pciir fcif, m CiroUi^
bp ymt fufficicut Deputy, 0? Deputit% an Crmnnal Caufcg t<;=^"<5o
ffrotuiujj aim arifing uiitfjin €)iit: faiD arnip, as UicII canccriiiniy tfjc
Dcatl) of anj) ipafon, as lofsi of i|5cnibcn ann all Caufc0 Cibil,
MjatfacDcc tfjcp be, tljat fljali Ijappen 0,' cljance uiitrjin tbijJ ©ur
fain acnip. ann alfa 221c fftije pou fuii poiuct aim aiitljajttp to
Q9ake, Conftitiite, aim o^ain ©jninaiices aim l^^ocIaiHatimis,
from time to time, as tlje Cafe fljall require, fa? tfje goon ©ouerii
matt, Eiile, aim ©^ner of ©ur faiu armi) ; aim tije n^me, mrj
etjerp oiie of tbcm Caiifes, to be Diilp pioclaimen, perfojuico, aim
creciiten -, ano uibomCacuer pou fljall fiito contempttiDUS, OifabetJl-
ent, 0? tufomeri}) in cut fain armp, to attaclj, appieDeim, aim im-
plifon, cttti tbem aim euerp of tijem to cljaffife aim ptiii'.flj : aim fuclj
as fljall be impiifonen, pou (ball caiife tijem to be pjoceenen asauiif
accomiits" to tbe qtiantitp of tlje ©fience, as toell bv pains cf Dcatb,
as lofs of Member, 0? otf)ertDife, accomiiio; to pour Oifcretioit ^
aim to Defilier ann fet at libertp anp l^erfon fo impiifancn, as bp pou
fljaa be tbougbt comjertient* aim fo? encouragement of fit aim oe^
fcrijing perfons, U\t no gibe pou fud potuer ann ^iitljci^itp in £>m
abfence, totetuatn ann bonour UJitlj tbc ©Sier cf Kniffljtfjcon, aim
of l^nigijts Demerits, fucb as in pour mfcretion fijail neferbe tfje
fame in tbiS cur p^ent €)erbice 5 aim to grant ann afiign tOem
arms, aim (gnfigns of arms as iS neen, aim to tbe £)ftice of a
(literal appertainetb* ann Uxt no fartber gibe isomer aim au
tbo?itp to pou Our (General, fo? Caufes cfpeciaiip mobingptn, bp
pour letters unner pour Seal, from time to time, tobcn, aim as
often as to pou fljail feem meet, to grant fafc Coimurt, general ann
tpecial, in all places, bp lann 0? bp 2Bater, to anp perfons loijat-
(oeuer 5 aim generalip to no aim erecute all aim (\;etp tijing
ann tf)im&:> Wtft to tbe Otifite of a (General of iSDur fain armp
notb belong ann appertain 5 aim tubicb fo? tbe goon ann fafe 00-
Uemmentof SDur armp, aim €)Ubiects, (ball be tbcugbt erpenient
ann neceflarp* aim fo? tbe better erecution of tbiS iDm eerbice,
me no ftirtljer gibe pou S)ur (General, full potuer ann autbo?itp,
as occafion fljall require, to Commnim all iDur f o?ts aim Carries
nob) lo?tiftcn, 0? bereafter to be iFo?tificn, in 0? near tbe parts 0?
Places tobere £m fam armp from time to time fljall be •■> aim to
amobe, nifplace, aim continue tbe Captains, lieutenants, aim
€)ouiniers ann <^arifons tbere, as caufc fljall require ^ ann to fur
niflj tbe fame Caftles ann lo?ts toitb otber Captains, lieutenants,
ann S)Oumiers, as pou fljall tbink meet, fa? tbe fafetp aim gaon or
tbe armp, ann tbe anbantage of tbiS Our S)erbicc. aim (Title
2Bill ann Commann pou, £)ur ^^enerai, tbnt iuitb all fpeen pou no
execute tbe p?emifes toitb effect, dlbercfo e lUt mm aim Com=
maim all ann fmgular lieutenants Ipecial, Dukes, ^arquefles,
Carls, ©icounts, TBarons, TSaronets, l^nigbts, ^beriffs, 99ap^
o?s, OSailiffs, Conflables, Captains? pettp Captains, @)OulDiers,
aim all otber Officers, Sginiiters, ann lobing Subjects, of inbat
Cftate, Degree, 0? Coimttion foeber be 0? tbep fljall be^ €bat
tbep, ann eberp of tbcm, tuitb tbeir potoer, ann S^erbants, from
time to time, be attennant, aintng aim affifting, counfellmg, belp-
ing, ann at pour Commaimment, at tbc nue ejcecution bereof, as
Q_qqqq tljCp
838 1
Hiftorical Collections.
Jn. 1658. 1 tijcp nnti cvicrp of tljcm tnitici: SDur l^lcnfurc, aim wii! anfuier tljc
'-<^"\/*^>-' 1 contrnvp at tOctc l^eril0. ^no fattfjcr, JDuc l?)lcafurc iis, COat
tuljatfoctjer i^oii fl)aU Ho fap ijirtue of tlnss ©ttt Comnurfioit anti p^i=
\)atc :jnnrutt(onsi, antJ accoiHino: to t&e Ceno? ana dfett of tljc
fame, tcucljino; tijc ctccutton of tlje P;citnfe0, 0? any part tbctcof,
voii fl)aU lie Hiftljarffet) \\\ tljat tjcljalf againft 210, SDur ii3cir0, @uc=
cciro?0* g'ct itc^ertf)clcf0 SDur Jnteitt ann ^cauittEf 10, €ijat tbis
Cur p?cfcnt Cammiffion, 0? aiip tOing therein comatnctJ, fljafl not
mipcacf) 0? iitfriULTe t\)Z 0ffice of Cirl ^arfl)al of England, 0? ani»
Ein;i)t oi JurisBirtton inciocttt 0? bclonffing to tlje fame. Jn Ciltt
ncfs iDljereof2.iHe ijaije caufeti tljefc ovir lettcrsi to be matie Patent0,
ann to continue tiurine: our picafiitCt
^apit pleafepcur ntoGCweHentS^ajeffF, C^iss containctl& poin:
^aicav'0 CommifriOn to Thomas €arl0f ArandelanH Surrey,
(£arl^rfl)al of England: (L(IUjerea0 pour i^ajeffp tiotS ap-
point \%\\ l)tm General of ^^our ^aiieft}?'0 armv h Robert carl
of Eilex to be pour Q9B|eflp'0 lieutenant General, aim Henry
Carl of Holland pour ajaieflp'0 «©eneral of pour Croopgi of
ipo^fe, to ferbe in tlje ^rmp toitlj t&eir funti^p ipoiuer^ ann
Juristi(£tion0, tlje (iiiti io?ti tJ5cneral of tijc armp h ti'l)ic& Ijabe
bin feen ann appjoDcD of ^ pour ^ajeap h
ann i0 cone bp ©Warrant imlier pouK s^ajeflp's Snjjnet ^anua!*
Jo. Banckes.
At the Co///f t^f Whitehall^ Mauh^. 1638,
' TT 7 Hereas divers of the Nobility and Gentry of this Kingdom,
' VV who are to attend and ferve his Majefty in the Expedition
' now in hand, are by his Majefty'sexprefi Command, to attend with
' Horles according to their (everal Qualities. And whereas it is in-
' formed, that divers Horie-courlers do ufually either foreftal the Mar-
' kets, or ingrofs into their hands the Horfes which come to Fairs and
' Markets, and thereby inhaunce the prices of Horfes to unreafonable
' rates. And whereas Woohorn Fair, which is ufually a great Horfe-
' Fair, falls out to be fbme fix days hence. Thefe are therefore to
' will and require you to have efpecial care, that no Horfe-Courfer,
' nor any for them, fhall be permitted to buy any Horfes within that
' Fair, or Town, and the Precinfts and Liberties thereof^ until the
' Lift day of the foid Fair, to the end the Nobility and Gentry having
' the pre-emption, may by that time have furnilbed themfelvcs with
' iuch number of Horfes for his Majefty s Service, as they (hall think
' fit to buy there. And left by any praftice or combination of the
' Hor(e-Cour(ers,or out of any other by-refpeft in the Seller, it ftiould
'■ happen that Men refuied to (ell their Horles at reafonable and ufual
' prices, you are at the beginning of the faid Fair, to make known
' and pubhfli, (and accordingly lee it put in execution) that noPer-
' fon Iliall be permitted to fell any Horfe, either to a Horfe-Courfer,
'or
Nobility and
Gentry to have
the preempti-
on of Horfes
at \Vtj(AorK'
Fair.
Hijlorkal Collections.
' or any other imploied for them at any lower rate or price than that
' which he had bin ofTered by thofc imploied as aforefaid for his Ma-
' jefty's Service. And thefe are further to fignify unto you, that the
' Bearer hereof^ johnWurd^ Gentleman of my Horfe, is by me pur-
' pofely lent to fee the due execution of thefc Direftions, \vhom I re-
' quire you to affiO: in the furtherance of this Service, as you will
' anfwer the contrary at your peril.
From Whitehall^Mztch. 15.
1638.
Earl <^arfial:
%Jt Whitehall, ^^March 1 1. 1^38.
WHereas Robert S/ffith, Leonard Stocl^ak, Hf/ghCare, and Na-
thanjel Fox, are lawfully deputed and authorized, by the
Mafter, Wardens, and Afliftants of the Company of Starch-Makers,
according to the Power and Authority given to the (aid Corporation
by his Majefty's Letters Patents and Proclamation, to fearch for
(with the affiftance of a Conftable, and other lawful Officers) in all
fufpefted Places, and to feize and carry away all White Starch,
and Materials prepared for making of White Starch, as likewife all
White Starch imported from Foreign Parts, contrary to the faid Let-
ters Patents, and his Majefty's Proclamation. And to break, deface,
and deftroy all Pans, Cifterns, and other VefTels imploied or (ct up
for the making of White Starch, or Materials belonging to the mak-
ing of White Starch, contrary to the (aid Letters Patents, and his
Majefty's Proclamation. Thefe are therefore in his Majefty's Name,
ftraitly to charge and command you, and every of you, when and
as oft as need fhall require, to help and affift to the uttermoft of
your Power, the (aid Robert Smith, Leonard Stockdale, Hngh Care,
and Nathaniel Fox-) or any of them, in the fearching for, (eizing,
and carrying away, to iiis Majefty's u(e, of all White Starch, and
Materials prepared for the making of White Starch. As likewife all
White Starch imported from Foreign Parts ^ and in doing and per-
forming every Aft and other thing direfted by his Majefty's (aid Let-
ters Patents and Proclamation. And in like manner to aid and a(rift
them, or any of them, in the breaking and forcing open the Doors
or Houfes (when they cannot otherwife enter) where any prohibi-
ted White Starch, or Materials prepared for making of White Starch
is fufpefted to be made or kept : And furthermore to apprehend all
and every the wilful Offenders againft his Majefty's faid Letters Pa-
tents and Proclamation.
This following Adverti(ement was miflaid, when it fhould have bin
in(erted in its proper Place and Time, neverthele(s we thought
fit to infert it, bf caufe it brings fome Intelligence in reference to
the Scotifti Affairs.
After Marque(s Humilton's arrival in Scotland, in the beginning of
June this Year, as the King's High Commiflioner, to (ettle the diftra-
fted Affairs of that Kingdom, he found (as is mentioned more fully
in the Narrative we have already given of the Commotions in
Qqqqq 2 Scotland)
839
Curoli 14,
Starch- makers
Warrant,
Letters of In-
telligence con-
cerning the
Scots.
840
Hi^orical Collections,
"I
Cardinal Rl-
chdeiii Chap-
lain in Scot-
Und.
Ship-mony.
Scotland) great Oppofition by the Ccvenantcrs^ and more particularly
by their Proteftation againft the King's Declaration of June the 28//>,
That his Majefty will not prcfc the prafticc of the Service-Book^ and
Canons^ 8cc.
At this time the Church of Rome had Agents in Scotland as well
as in England^ one of them who fub(cribes a Letter, probably was
Cardinal Richleu's Chaplain, by name ChaKiiers^ or Chamberlain^
who was then prefent in Scotland^ blowing the Coles of Fire there
kindled ^ which Letter concerned the Affairs of Scotland^ and M'as to
the efFed: following, dated June 28.
My Reverend Father,
I Have not bin at LoHdon fve dajs in all f.nce I came from France,
elfi I had not failed to falute your Reverence^ &c. I kpow ntt what
to fay of Mortimer the Superior of Scotland, oi kt^otving not rvhe-
ther he hath leave to go or not^ nor yet their Procurer who refides in this
Court. Scotland is in a very ill pojiure, and in evident danger to fever
it felf from thk Crcnon.
And in another Letter of the lame date, the Gme Party writes this
enfuing Letter.
S I R,
BT all thefe Proceedings, the King evidently feeth, that they (the
Scots) will not fubmit thtmfehes to Reajon^ by fairnefer fwectnef,
and therefore he hath taken a Refolution to tame them by force^ and to
this purpoje goeth about to raife an Army in Ireland, not daring to truji
himfelf with the Englifh, who already are much irritated againji him, by
reajbn of the * Monies which he pretends to raife to maintain his Fleet, the
which they refufe down-right to pay. This counfel of raiftng an Army, has
bin fuggefled unto him by the Bijlwp of Canterbury, and the Prefident of
Ireland, which are they alone that govern him, for he hath never yet
opened his Mouth, or ^ok^n one file word of it to his Council of State,
but feeks "very much to k^ep all clefe frcm them. The which highly difpleaf-
eth c^ll thefe Lords ; and Men hold this Counfel of the Army for Ireland,
a mofi pernitious Counfel : But I kpow not what better he could take, for
it is mofi dangerous to raife it in England, where all the World is difcon-
tent i, and for to raife an Army here, it were to give them the Sword in
their hands to defend themfelves , for the part of the Puritans is fi great ^
and they have fuch a correj^ondence with the Scots, that they begin already
to brea\ the Altars which the Bifiops had ei-e&ed, and to accufe the Bijl)Ops
of Crimes, and to demand the re-ejiablipment of many filenced Minijiers,
with a thoufand other Infolencies, &c.
June 28,
Tmir hi^tble and mofi
obliged Setvant.
At
Hiftorical Collections,
841
At the fame time there was another Letter of the Hime date writ to
one Monfieur Ford^ by ferae Prielt or Romilh Rccufant, to the cfFeift
following : All which faid Letters were found amongft the Papers of
one of his Majcfty's Privy-Council.
OVr Scots B>iji»ef troubles ui Prcvcdlji, a»d grcws rvofc avd tvorfe -^
they tvill have a Parliament^ and the Kifrg (for the Conjcquemc of
it VI this Kit'gdom) will never permit it, and fo they have taken a Refo-
Uttion to levy an Army in Ireland, fo to trouble them and fubditc them 5
■R-hiib is held there by n>ije Men to be a very dejperate Counfel. But the
King confults with none but the Arch- Bifiop and the Deputy of Irehnd^^rFhich
dijgujis all, and makes Men fee more veeaknefs in him than teas ever ima-
gined : other News n>e have none. Fitten (the Agent for the Secular
Priejis at Rome ) if here, and was prefented to the King by my Lord
Arundel, to whom he had fent from Italy many little Toys, hut now he
knows he is a T^rieji. Pray tell my dear Amiable, I thanks him heartily
for his Note, and have feen his ^an Jaques Depuis, who is a good Cut-
ter or Graver in Stone, and continues Catholick, Honeji, n?2d l<pown to
the Capucins.
Yours,
Will. Hcill.
Having ended this Yqar as to Enghjl) Afairs, we fliall return to the
Tranfaftions of Affairs in Scotland, where we left, and to give an Ac-
count of the whole Proceedings of the Aflembly at Glajgow j and the
firft that comes in order of Time, is his Majefty's Letter to the Privy-
Council of Scotland, to affift the Marquefs at the faid Aflembly at
Glajgow, asfolloweth.
Right Trujiy, and Right Well-beloved Coujtn and Cejwfellor ^ Right
Trujiy, and Right Well-beloved Coufins and Counfellors, We greet
you well.
14 Caroli.
AS by Our Letter We find how well 5'ou are fatisfied with Our
gracious Pleaftire, exprefled in Our late Proclamation and
Declaration, fo We do expeft the continuance of your Care, by
your beft Endeavours, to bring all Our good People to a true fen(c
of Ouf- Roial Intentions, and real Care of preferring and advancing
the Good and Peace of that Church and Kingdom, which hath al-
ways bin, and ftill is one of Our chiefeft Cares; We give you hearty
thanks for your Affeftion and Pains in this Service, and do approve
of your Courfc in lubfcribing oCtheConfeJ/ton & B./»^,andordertaken
by you for publi(hing,and requiring the like due and thankful accep-
tance of Our gracious Pleafure by all Our good Subjefts. And (eeing
the time of the Aflembly doth now approach, We require you to at-
tend dihgendy upon Our Commiflioner, until the time appointed for
the down-fitting of the (aid Aflembly, and further,to the final ending
thereof, that from time to time you may beaffifl:ing to him with your
beft Opinions and Advices, for preparing and digefting every thing
' that
K. D.
/
842
Hisiorkal Collections,
1
• that may conduce to bring this Bufinels to be treated upon in the
■■ Aflembly, to the wi(hed, peaceable, and happy end : And although
' We will not doubt but that all Our good Subjeds will be careful of
' every thing that may concern Us, or Our Soveraign Authority ; yet
' becaufe that at {iich publick and general Meetings, it is not to be
' expeftcd that all Mens Difpolitions will be alike, and of one temper,
' We require you, that in a more particular manner, according to the
' Truft and Confidence We have in your AfFeaions to Our Service,
' carefully to advert, That if any Propofition ihall be made which
' may feem to derogate from Soveraignty, or that true ftate of Mo-
' narchical Government already eftablifhed within that Kingdom, or
' which may impede the peaceable conclufion of this Aflembly, that as
' good Subjefts, and faithful Coun(ellors and Servants to Us, you af-
' lift Our Commiffioner to withftand the liime to the uttermoll of
' your Power. To whom We will your to give abiblute Truft in
' every thing, which he in our Name (ball deliver or impart to you,
' or any of you, in publick or in private. And lb We bid you fare-
' wel.
From our Manour of Hampon-Couft, the firft of OBo-
ber, 1638.
The City of Glajgom being much filled and thronged with all forts
of People ; on the 21 of November 1638, the day defigned by the
King's Proclamation, the General Aflembly begun, and was opened,
and the Proceedings were as foUoweth.
After Sermon in the Morniftg, they aflemblied in the Afteriioon, and
begun with the chufing of a Moderator. The Ring's Commiflioner
(who fat upon a Seat, raifed in a Place eminent above the reft, with
his AlIeflTors about him conveniently (eated below) told them that
there was fomething elfe to be done before the choice of the Modera-
tor, viz.. That his Commiflion was firft to be read, that it might be
known by what Authority he fit there 5 which was done accordingly,
bearing date at Oatlands the 29^/j of July 1638; The Comwijjion fol-
loweth in thefe words.
Marquefs Hamilton's Commiflfion as to the Aflembly,
Oatlands, yw/jf 19, \6t^%.
CArolus Dei Gratia, Magnx Britanniae, Francis, & Hibemis,
Rex^ Fideique Defetifer. Omnibus frobis hominibHs fuk ad quos
prajetites liters pa-veKerint, falntem. Sci^tis nos consider antes magnos in
hoc Regno nojiro Scotiae non ita pridem exortcs tiinndtus^ ad quos qttidem
componendos mtiltipUces Rcgi<e nojira voluntatis dcclarationes profmilgavi-
mus^ qu£ tamen minoretnj^e nojtra effeUum ha&enus fortit<t fiwt & nunc
Statitentes ex pio erga djiium antiqmtm Regnum nofirnm affe&unt^ v.t om-
nia gratiofe jiabiliantur & injiaurentur^ quod (per abfintiam nojiram)
non alia ratione melius effici poteU quam fideli aliquo delegato conjiituto^
cui potcjidtem credere pojftmus timndtus kujujmodi confopiendi aliuque of-
fi'cia prdjiandi, qu<e in bomtm & commodum di£fi antiqui Regni nofiri
eidcm
Hijlorkal Collections,
843
eulem dclcgato mjiro imperare nobis videbitur^ cumque fat is compertitm hu-\\A CuroH.
beumus objeqtiium, diligentiam d^ fident pr^dildii nojiri confunguifici e>
cd?ifiliarii, Jacobi Murchionis Hamiltonii, Comitis Arranix d^ Canta-
brigi«, DoMifii Aven & AnnerdaW, &c. ciwdcmquc ad imperata ?3ofira
cxeqHenda fHffuienter injirn&um ejfe^ idcirco f:djje d^ conflituiffe, teno-
reque pr£jh7tinm facere d>" conjiituere pr^fatuKt pr<edilc^J h?» nolhitm
confangtiimum C^ confiliarium Jacobum Murchionem de Hamiltoun, &c.
t7ojlr»m Commilfionariiini ad ejfdftim jnbfcripUm, cum potejiate di&o Ja-
cobo Marchiom de Hamiltoun, C^c. diClttm Regmim nojtrum adeundi,
ibidemqne pr^efatos tumult its in di&o Regno componendi^ aliaqne ojjicia a
nobis eidem committenda in di&i Regni nojiri bonum ^ commodum ibi
prtejiattdiy eoque Confdinm nofirum^ quibus locis d^ temporibhs ci vifiim
fiierit convocandi^ ac rationed df' ordinem in pramijjis exequendis fer-
vandum^ declarandi d^ prajcribendi, d" qu^cunque aba^ ad Commijjionis
hujifi capita pro commijfa ipji fide exeftenda, eandemque ad abjolutum
finem^ perdiicendam d^ profequendant conferre pofiitnt, tarn in Concilio
quam extra Confilium nojiro nomine effciendi d^ pr<ejiandi^ idquc ftmili-
ter d^ adeo libere, ac (i nos in Sacro-San&a nojira perjbna ibidem adejje-
mm. Pr^terea cum plena potejiate di&o Jacobo Marchioni de Hamil-
toun prout fibi videhitur nojiro fervitio d^ bono di&i Regni nojiri con-
dncere^ conventnm omnium ordinum ejufdem Regni nojiri Judicandi, ac
pv.blica Comitia d" conventus eorumdem ordinum eorumve alterius jjel utri-
tijqiic quibus temporibus d^ locis fibi vifnm fuerit Jiatuendi, d^ ibidem no-
jiram facratijjimam Perfonam^ aim omnibus honoribus d^ privilegiis^
Jitpremo Commijjionario nojiri Parliamenti d^publici Conventus incumbend.
Jimiljter adeoque ample, ficut quivis Jiipremus Commijfionaritts in quocun-
que tempore retroa&o gavifus eU ge)rendi, nec-non mm potejiate pr^fato
Jacobo Marchioni de Hamiltoun Synodos Nationalis Ecclefi<e di&i J^gni
nojiri tenendus temporibus d^ locis quibus fibi vifum fuerit indicendi, df'
ibidem d^ feipfum tanquam nojirum CommiJJionarium gerendi, omniaque
eifdefn tenendis infervientia fecundum leges d^ praxin pr<£di&£ Eccle-
({£ df' Regni nojiri pr^ejiandi : Et hac pr^jenti nojira Coff>»iijpone du-
rante nojiro bjeneplacito duratura d^ femper donee eadem per nos exprejfe
inhibeatur. In cujus ret tejiimonium prafentibus Magnum Sigillum nojirum
una cum privato nojiro Sigillo (quia pr^fatus Marchio de Hamiltoun in
pr£Jentiarum ejl Magni Sigilli cujios) apponi prdEcepimut. Apud O'ixXznds
■vicefimo nono die men (is Julii, Anno Dam. mitle(imo jexcentejim0 tricefimo
o&avo, d^ Anno Regni nojiri decimo quarto.
'Per Signaturam Manu S. D. J\l. Regis fuprafriptatu.
Then the Aflembly urged the choice of a Moderator, but the
Marque(s defired firft the Ring's Letter to be read 3 which was done,
and is as fblloweth.
T7;e iQn£s Letter to the ^jfemhly*
' A Lthough We be not ignorant, that the beft of Our Aftions Oliob. 29.
' Xjl have bin miftaken by many of Our Subjefts, in that Our An-
' cient Kingdom, as if We had intended Innovation in Religion and
' Laws 3 yet confidering nothing to be more incumbent to the Duty
'of
844
HifioYtcal Collections.
^w. 1638.
The Marquefs
his Speech at
the fitft fitting
of the A film-
bly.
' of a Chriftian King, than the advancement of God's Glory, and the
' True Religion 5 forgetting what is paft, We have (erioufly taken in-
' to Our Princely Confideration, (uch Particulars as may (ettle and
' eftablilh the Truth of Religion in that Our Ancient Kingdom ^ and
' alfo to fatisfy all Our good Subjefts of the reality of Our Intentions
'herein, having indidied a free General Aflembly to be kept at Glaf
' goTv the 2 1 of this Infkant. We have likewife appointed Our Com-
' midioner to attend the fame, from whom you are to expedl Our
' Pleafure in every thing, and to whom We require to give that true
' and due Refpedt and Obedience, as if We were perfonally prefent
' Our Self: And in full aflurance of Our content to what he thall in
' Our Name promife. We have figned thefe, and wills the fame for a
' Teftimony to Pofterity, to be regiftred in the Books of the Af^
' fembly. ■
At Whitehall, Oftob. 29. 1638.
After this the Marquefi made a Speech to the Aflembly.
^'/My Loi^Sj and the refi of the ^yerend Affemblyy
' iTn He making of long Harangues, is not (uitable either with my
' X Education, or Profeflion, much left with this Time, which
' now after (b much talking, ought to be a Time of Adion.
' I pray God that as great (and I hope the worft) part of Mens
' Spirits hath bin evaporated into bitter and inveftive Speeches, fo the
' beft and laft part of them may be referved for Deeds, and thefe an-
' Ivverable to the Profcffions which have bin made on all fides when
' this great Aflembly (hould come.
' For theProfeflions which have bin made by Our Sacred Soveraign,
' ( whom God long preferve to reign over us ) I am come hither, by
' his Command to make them good to his whole People, whom to his
'grief he hath found to have bin poifbned (by whom I know not
"well, but God forgive them) with mifconceits of his Intentions,
' concerning the Religion profefled in this Church and Kingdom. But
' to redify all fuch Mifconceptions of his Subjefts, his Majefty's defire
' is. That before this Aflembly proceed to any thing elle, his Sut>
' )e6ts may receive ample and clear fatisfedlion in thefe Points, wherein
' his Ma)eft}''s gracious Intentions have bin mifdoubted, or glanced at, l
' by the malevolent Afpefts of fuch as are afraid that his Majefty's
' good Subjects (hould fee his clear Mind through any other Glaflcs or
' Spedacles, than thofe they have tempered and fitted for them.
' Thefe finiftrous Afperiions, difperfed by Surmizes, have binefpe-
' cially two.
' Firft, As if there had bin in his Majefty, if not fome Intentions,
■ yet at leaft forae Inclination, to give way, if not to Alterations, yet
' to fe>rae Innovations in the Religion profefled in, and eftablilhed by
' the Laws of this Church and Kingdom.
' I am confident that na Man can harbour or retain any feich
' thought in his Breaft any more, when his Majefty hath commanded
'that Confejfion of Faith (which you call the Negative) to be (lib-
' fcribed by all his Subjefts whatfoever, and hath bin gracioufly
' pleafed to put the execution of this his Roial Command in your
' own hands.
• 'The I
Hijlorical Collections.
845
' The next tal(c, and indeed foul and devilifli furmize, wherewith
his good Subjcfts have bin milled, is. That nothing promifcd in his
Ma jelly 'slaft mofl: gracious Proclamation (though moft ungraciouHy
received ) was ever intended to be performed, nay, not the Aflem-
bly it (elf:, but that only time was to be gained, til! his Majefty by
Arms might opprels this his own Native Kingdom ; than which re-
port Hell it felf could not have railed a blacker and falfer.
' For that part which concerneth the Report of the Intention of
not holding the Aflembly, this Day and Place, as was firft promifed
and proclaimed, (thanks be to God) confuteth thatCalumny abun-
dantly ; for the other, making good what his Majefty did promile in
his laft gracious Proclamation, his Majelly hath commanded me thus
to exprefs his Heart to all his good Subjefts.
* He hath fcrioufly confidered all the Grievances of his Subjeds,
which have bin preiented to him by all and (everal of their Feti-
tions, Pvemonftrances, and Supplications exhibited unto himlelf, his
Commiilioner, and Lords of his Secret-Council, and hath graci-
oudy granted them all ; and as he hath already granted as far as
could be by Proclamation, fo he doth now defire, that his Subjeds
may be allured of them by Ads of this General Aflembly, and after-
wards by Afts of Parliament refpeftive.
' And therefore he not only defires, but commands that all the Par-
ticulars he hath promifed, be firft gone in hand with in this Aflem-
bly, and Enafted, and then afterwards what his Subjects (hall defire,
being found reafonable, may be next thought upon, that fo it may
be known to God and the whole World, and particularly to all his
good Subjefts, how careful his Majefty is to difcharge himfelf of all
his gracious Promifes made to them, hoping that when . you ftiall fee
how roially, gracioufly, and faithfully his Majefty hath dealt with
you and all his Subjefts, you will likewife correfpond in loial and
dutiful Obedience, in chearful, but calm and peaceable Proceeding,
in all other Bufineft to be treated of in this Aflembly : And becaufe
there (hall be no Miftake, I ftiall now repeat the Particulars,that you
may (ee they are the fame which were promifed by his Majefty 's firft
Proclamation.
As foon as the Marquefs had done fpeaking, he tendred to the Af
(embly a Paper from his Majefty containing his Conceffions ; which
Paper followeth in thele words.
Charles (?(.
rpc Sii'ttB'gi ?0ajeffj> lieing: mfo?men, C§at nranp of W ffoou
€)Ub|Ctt0 fjaue appicJjcnneD, tfjat ftp tijc Jntromiction of tfje
Scrvice-Book, ailD 'BOOfe Of Canons, tfjC Utb^tngtltQ: Of 19ope=
i'j> anU ^upcrttition Ijatl) bin intciiDtU, iis graciouflp pfcafcD to Uif
cfjargc t{)c f:\iti 'BooUiS, ann to annul all acts niatic fo? eflal)lill)in0f
tfjercof ^ antJ fo? W lxood people tijeic furtDtt fattisfactton, is gra^
cioufijj plcaftu to ueclare bj» me, Cfjat no ot&eu in t&at btmi fljall
j)ereafter be mtroUuceti, but in a fait ann \tm map of aflemblp, al-
loftjco bp act of pat liament, ann tlje Laws of tijis fiiinpom*
€:i)e king's v0aie(!p, as ^e conceiijeD, fo? tfje cafe anti baiefit of
tije ^\\\s\zm, eflabliCbeo tbe ^iffl) Comnuffion, tljat tfjctebp Juftice
Rrrrr migjjt
1 4 Caroli.
The Kings Of-
fers to the Af-
(inibly.
84$
Hifiorkal Collections.
^^/. 1 6:58. 1 nttol)tl!£ aumiuifltci!, ann tfje Jfaultsj nnD Crro'0 ci fuel) 5?eif:^n?i
*-*:^*v^>-' 1 1I0 arc uiatJC iiatifc tljrrcto, tnki n o^^et luitlj, anls pujiiii-eu a?itfj tlje
moie convenience, nnB ScCS' trouble to tie people : "jBttt finuing I)\]Ei
gtaciofJ.!6 Intentions tofaeijtrein miffaken, {jatybinpIeafeD, lilv: n^
(ic us iiir.cioiinp content, tijat tOe fame U ntftijargeu, liitO al". aa^
tii?3 DeetJs uiaoe fo? ttjc efii Winnng thereof, ann i? pleafct! to icclate
bp ra:, ^Ijat tljat Court 02 ^iiDicatoip, no? no otbcu of tijac {lature,
fi)^ be is^cu'jot in {jereaftei, tut in tljat uiap allciueti bp tijc Laus^
cf tf)f53 lixinpanu
ariB dje iai';Ji'0 cpaietfp beins (nfo?mcti, Cfjat t!)c urging of tU
51)? kktiiltB (if Pctth'0 ciiTemWp Ijatf) \}im ttHrattiOU in tl)t Cfjurcfj
dm ^Matc, ij'.itf) l-'in gtacicuap plcafen to take tfje fame into ftijs
corsarjaation, asi:. fo? tfje Ciinet ano peace of Cljurcft ana €)iate,
Diitfj not onlp uifprnfc uiitij tljc p?actice of tl)e faiD Article?, btit alfo
BiTcOnrBf 03 auB bp tfjefe Ijat!) Circtjargcn all ano toljatioeuer ^tP
fans fi;oni uvgmg tl)e piucttce tijtreof, up an eitljer laicUo? €cclefia^
fiick l^crlbn lyfjatfoetier : ai-ii Gotf) Ijevetp free alt ijis €^ub{ca0 from
uli Cjurure mm pain, Mjetljcr Ccclcfiadical 0? Secular, fa? not
uriiiniv, pja^ifinn:, oi 0: epino; tibem, 02 anp of tljcm, nopitfjilantJ,
jng rinp tijinij containcn in tlje m^ of parliament, o? oremral 0C
fcusljip to tt]c coutrarp*
gns fcecaufe tc la piitenUct?, tfjat ©atl)^ Ijatie bin aUminirrrcn to
ii3uiiuer0 at tljeir entrp, contrarp ann nufertno: from tljat M)izi) I'sf
ret BDtDU in tU ait0 of parliament, l)iy a5a?e :p ty pleafet: to Uidare
antJ c^gajt, 'Cl):it no otljer ©atb fijall tc rcsiuireti of anp ctljer !^i=
niftCi' at ijiis entrp, tljau tljat tKljicf) 10 ej:p.ieflp fet Douin m tljc act0 of
parliament : Sun tljijs Ije i& content be conarseren of in t!jc 90
fembiv, to be repiefenten to tlje Citatcsi of parliament, anu enacteo
m tiiiv fliall finn erpeiiicnt.
$lni3 t^at it map appear i)m careful Ijie ^aieUp i0. tijat no Cor-
ruption 0? Innobation Ojall creep into tlji^ €l)urtl}, ncitljer anp
S)canDal, Cltce, 02 jFault of anp perfon uibatfoebcr, cenatrable 0^
punifijublc bp tlje aifemblp, go unpunifljcD, it 10 l;i,0 i^aieflps
pleafure^lifeeasbp tljcfe 010 !3i3aie(tp Iije0 alTure all lji0 Bcorr%ub[cct0,
tbat ijcreafter t&eneral aiTcmblieo fljall be kept a0 oft a0 tl)eMair0of
tbiS£xirk fijall rciiiure : ann to tlji0purpofc,bccaufeit'0 p,20bable tljat
fome tijinjjo «cce(farp fo? tlje pjefent tttate anu jjooD of tl)i,& Cljurcl)
mop be left unperfirtcD at tljis p^efent aiTcmblp, mt Uo bp tijcfc in-
Dicf audiljcr ^ifcmblp to be Ijolben at 3nn
tbat none of £ur ^-ubject? map Ijabc caufe of «S^iebance againft tsjc
pwtctiu.c of p?e{at0, S)ur plcafurc i0, Cljat all aiiD ciierp one of
tlje pjcftnt TMfij':rp0, ant tljeit €uccetro?0, fljall be anfmerable, ann
acco;xiinn;ip from time to time cenfurablc, accoining to thm Q-:erit0
bi>t^ 3ffemblp:, tuljicljlji0 ®a;e(lp i0 likeujife pleafen be enactcn in
tljiG p?cferit ^HTcmWp, ann tljereafter ratificn in pariiamcnt*
lanti to giise all lj!0 (pa;c(tp'0 ijootJ people ffoon afllirance tljat fje
ncbcr intent cti to anniit anp alteration or cljangc in tlje true Ecli-
gtoH p?ofcireii tottijm tl)i0 Hinsbom, ann tljat tljcp map tt trulp ann
fulfp fatisficn of tlje realttp ot lji0 3'ntent!on0 tou)ari!0 tbe mainte-
nance of tlje Crutlj, ann integritp of tlje fame, lji0 ^aiefip batlj
bin plvafen to require ann ccmmanb all lji0 gooa €)Ubiect0, to fub-
f;rib£ tlje Contdiion of Faith, fubfcnbcb bp lji0 near jfatljer in An-
no 1580; ann fo2 tljat effect IjatijojDainen tljc tdiw of lji0 p?ibp=
Cfouncii^
Hijlorical QoUections.
I 847 1
Council to take fome fpeenp coucfc, tuljcrcbp tljc fame nint) U Done
tfjiouffb tlje ti)l)Ole Bingtiom •-, vdIjicIj Ijijs $^aieftp requires Iikciuifc al(
tfjofc or tfjijs p2Cfcnt afremWi) to fign, anti all otljer jjijs ^ubfects,
ludo Ijaijc not none it alreani' : iSnti it isj \M a3niem)"s Cdill, tljat tljio
be inferten anti reffttttcti in tljc leookis of tijigi aifcnibly, as a Cent
monj) to l^offeritp, not onip of tlje fmceritp of DiS Jntenttou to t()c
faiti true Eeltijion, fcut alfo cf Ijis refolution to maintain anti uefenD
tJje faute, an5 ijis SiuOicftS \\\ tlje pjofcffiniy tfjereof,
C. R.
After the Marquefs had found the temper of the Aflembly, he lent
up Sir James Hamilton to the King, with a full account of all Matters,
containing likewiie the Charaders of all the Couniellors, together
with his Advice to his Majefty how to induce that Country to his
Obedience ^ and to fend a Fleet of fome Ships to lie in the Frith to
block up their Trade,and then to follow with a R.oial Army. He alfo
(hewed the King how the Bifliops had miicarried, and that their Am-
bition had bin great, but their Folly greater. Concerning which his
Majefty wrote to the Marquefs 5
That he totally agreed with him in the Charaders of Men, as in
the way he had let down to induce them to Obedience j only the
time when to begin to ad is confiderable. To which end his Majefty
fully inftruded the Bearer with the ftate of his Preparations, that the
Marquefs may govern himfelf accordingly. Dated at Whitehall^ De-
cemL^. 1638.
The Aflembly proceeded to the choice of a Moderator, which be-
fore the Comraiffioner gave way to, he entred a Proteftation, That
their Ad (hould neither prejudice the King's Prerogative and Autho-
rity, nor any Law of the King's or Kingdom, nor bar the King from
taking legal Exceptions, eitheragainft the Perfon eleded, or irregu-
larity of his Eledion 3 fo they chole one Mr. Alexander Henderfottj
nemine ccntradicente, except Dr. Hamilton.
But at this time they rejeded the reading of the Declinator^ and
went to the eledion of a new Clerk, whom without one contrary
Voice they did chufe one Mr. Archibald Johnjlon^ the Clerk Regifter
of their Tables, (who was alfo Clerk of their Tables at Edinburgh)
againft whofe Eledion the King's Commiffioner likcwifc protefted.
At his admiflion he made a (hort Speech, declaring his unwillingnefs
to accept the Charge, yet would not be wanting to contribute his
part toward the defence of the Prerogative of the Son ofXjod.
The next day they fpent in reading the feveral Commijfions of Ele-
Uions 3 but the King s Commiflioner entred another Proteftation, to
take exception againft their Eledions in his own due time, only for
the prefent he was contented they fhould go on, and a conteftation
did follow about the Commiflion for the Presbperji of Peebles, and
another concerning the Eledion of the Lay-Elders for the Prefbytery
of Brichen.
The Earl o£ Montroje prefented a CommifTion, in which the Laird
of Dunn was chofen Lay-Elder, by the Voice of one Minifter and a
few Lay-Elders.
Rrrrr 2 On
1 4 Carol).
Archibald
Johnffon cho-
fen Clerk Rc-
giftcr.
Debate about
Eleiflions to
the Aflembly.
848
Hiflorical CoUectiom,
Ah. 16^8.
Six AlVefibr?
to the AlT.m-
bly nominated
by the King.
The Declina-
tor lead.
The Modera-
tor laments the
hardnef. of the
Bifhopshcarcs.
On the next day of their fitting, they went on in the reft of the
Controverted Eleftions, and refuted to hear the Lord Carnegks Ele-
dtion difcufled.
The King in his Letter to the Affembly, had nominated for Ajjejfors
to the King's Commiffioner, thele fix Perfons.
The Earl of Traqnair^ Lord Treafurer.
The Earl of Roxborough^ Lord Privy-Seal.
The Earl of Argile^ '^
The Earl of Lauderdale, C Lords of the Privy-Council.
The Earl of Southesk, J)
And Charles Stuart, Advocate.
But they abfolutely refufed to let them have any Voice at all, tel-
ling the Commiffioner, That he might confiilt with thofe Affeflbrs if
he pleafed, but they were to have no Voice in the Aflembly. Upon
this the Marquefs took Inftruments according to the Scotifh Form, to
preierve the Privilege of his Majefty.
The 2 jth of November, the King's Commiffioner urged once again
that the Biftiops Declinator might be read, which was accordingly done
by the Clerk of the Allembly; after it was ended,the King's Commiffio-
ner fpoke home to them of the neceffity of the Declinator, and una-
voidable fi:rength of the Realbns contained in the fame, and in de-
preffing their Libel againft the Biftiops, which he called infamous and
fairrilous, both in the matter of it, and the manner of promulging
of it.
The Moderator in a fliort Speech deplored the obftinacy of the
Biftiops Hearts, who in all the Declinator had bewrayed no fign of
remorle and (brrow for their wicked Courfes 5 whereupon one Gibson,
one of the Clerks of the Seffion, thundred out a verbal Proteftation,
That tkej would purjue their Libel againU the Bifiops Jo long as they had
Lives and Fortunes.
The King's Commiffioner proteft:ed againft: the Proteftation, and
difcharged theBiftiops Proftor from giving appearance for the Biftiops
before the Aflembly 5 and the Commiffioner perceiving that they in-
tended to keep up their Tables, although the Aflfembly ftiould be con-
tinued, and all Eledions faid to be diforderly, were approved of, and
no Nullities admitted , and the King's Commiffioner well weighing
his Inftruftions, refolved the next day to diflblve the Aflfembly.
The Mcirquefs on Novemb. 28. declares to the Lords of the Council,
his Refolution to Dijfolve the Ajfembly.
According to which Refblution, on the 28/A in the Morning, he
called a Council in the Chapter-Hoiife, and told them, He was neceffi-
tated to Diflblve the Aflemb[y, and gave his Reafon for doing it,
ufing much induftry to gain them to concur with him in it. The Earl
of Argile abked, If he rvai to dcfire the Councils Approbation of what I.e
intended, or net ^ The Marquefs anfwered, His Inftruftions from
his Majefty were clear and pofitive for what he was to do, and there-
fore it was not in his Power to let any Debate be, whether he ffiould
dc
Hiftorical Qollections,
849
do it or not ■-, only he delired their Concurrence and Advice as to the
manner of doing it.
Two hours were fpcnt in Difcovirfe, but clear Advices were not gi-
ven from any of them ^ from thence the Marquefs went to the
Church where the Allembly lat, and after he fat long a Witnefi to
(bme Debates were among them, it Was offered to be put to Vote,
whether the Allembly was a Free Aflembly, notwithflanding the Bi-
' fhops Declinator^ or not ? Upon which the Marquefs knowing well
how the Vote would run, rofe up and faid 5
XFind this day great contraries of humours in my felf ; firfl, caufe
of Joy,next caufe of Sorrow ; caufe of Joy,in making good what
hath bin promifed by his Majefty ^ caufe of Sorrow, in that I can-
not make further known his Majefly's pious Intentions.
' You have called for a Free General Aflembly ^ his Majefly hath
granted you one moft free on his part, and in his Intentions 5 but as
you have handled and marred the Matter, let God and the World
judg whether the leal^ fhadow or foot-ftep of freedom can be dif^
cerned in this Aflemby by any Man who hath not given a Bill of
Divorce both to his Underflanding and Confcience 5 with what
wrefling and wringing your laft Proteftation charges his Majefty 's
laft gracious Proclamation in the point of Prelimitations, is both
known and mifliked by many, even of your own pretended Cove-
nant 5 but whether your courfes, efpecially in the Eleftions of the
Members of the Aflembly, be not only Prelimitations of it, but
ftrong Bars againfl the freedom of it, nay utterly deftruftive both of
the Name and Nature of a Free AfTembly, and unavoidably indu-
cing upon it many and main Nullities, will be made manifeft to the
whole World.
' But his Majefty's fincere Intentions, being to perform in a lawful
AfTembly all he hath promifed in his gracious Proclamation ^ if you
find out a way how thefe things may pafs and be performed even in
this Aflembly, fuch as it is, and yet his Majefty not made to ap-
prove any way the Illegalities and Nullities of it, for fatisfying all his
Majefly's good Subjects of the reality of his Meaning, I am by his
Majefty's fpccial Command ready to do it, and content to advife with
you how it may be done.
And after this he caufed to be read his Majefty's Coticejjions, as they
had bin before proclaimed, upon which he took Inftruments, that by
producing and figning of them, firft his Majefty's Intentions were
made known, next that in the producing and delivering of them, the
lawfulnefs of the Aflembly was not acknowledged 5 after that he went
on and difcourfed againl^ the Conftitution of the Aflembly in the fol-
lowing words,
' But now I am forry I can go on with you no more, for the fad
' part is yet behind,about Ruling Elders ^ for neither Ruling Elders, nor
' any Minifter chofen Commiflioner by Ruling Elders, can have Voice
' there, becaufc no fuch tledtion is warranted, either by the Laws of
' this Church or Kingdom, or by the practice or cuftom of either :
' for even that little which appeareth to make for thofe Elders in the
' Book of Difcipline, hath at this time bin broken by you, there
' being
14 Carol:,
Hifiorkal Collections.
(
■ being more Lay-Elders giving Votes at every one of thofe Eleftions,
' than theic were Minifters, contrary to the Book of Dilcipline ; as in
' Lanerii\ but eight Minifters, and eighteen or nineteen Lay-tlders 5
' and fo in divers other Prefi^yteries : and in every Pre{bytery, when
' the Minifters upon the Lift were removed, the remaining Elders ex-
' cceded far the remaining Minifters. But (ay there were Law for thofe
'Lay-Elders, the interruption of the execution of that Law, for a-
' bove ferty Years, makes fo ftrong a Prefcription againft it, thai with-
' out a new reviving of that Law by (bme new Order from the Gene-
' ral Ailembly, it ought not again be put in praftice ; for if his Ma-
' jefty ftiould put in praftice, and take the Penalties of any difufed
' Laws, Vv'ithout new Intimations of them from Authority, it would
' be thought by your felves very hard dealing.
I 'To (ay nothing of that Office of Lay-Elders, it being unknown
' to the Scripture or Church of Chrift for above 1 500 Years, let the
' World judg whether thefe Lay-Men be fit to give Votes in inflifting
' the Cen(ures of the Church, efpccially that great and higheft Cenlurc
' of Excommunication, none having Power to caft off the Church
' by that Cen(ure, but thole who have Power to admit into the
' Church by Baptifin : And whether all the Lay-Elders here prcfent
'• at this Affembly be (it to judg of the high and deep Myfteries of
' Predeftination, of the Univer(aUty of Redemtion, of the Sufficien-
' cy of Grace given, or not given to all Men , of the Refiftability
' of Grace 5 of total and final Perfeverance, or Apoftacy of the
' Saints , of the Antilapfuriatz or Pojilapfarian Opinion ■■> of Eleftion
' and Reprobation '-, all which they mean to ventilate, if they do de-
' termine againft the Armiman, as they give out they will.
' In many Prefbyteries, thefe Lay- Elders difagreed in their Eledions
' whollv, or for the molt part, from the Minifters, and carried it
' from them by number of Votes, though in all reafon the Minifters
' themlelves ftiould beft know the abilities and fitnefs of their Bre-
' thren , and this was done in the Prefbyteries of Chmijide^ Ljnlith-
' govp^ Aherdeer;^ and divers more.
' How can thefe Men now Elefted be thought fit to be Ruling-
' Elders, who were never Elders before, all or moft part of them
' being chofen fince the Indiftion of the Afiembly, fome of them but
' the very day before the Eleftion of their Coramiffioners, which de-
' monftrates plainly that they were chofen only to lerve their AfToci-
' ates turn at this Aflembly.
' Since the inftitution of your Lay-Elders, by your own Princi-
' pies, is to watch over the Manners of the People in the Parifti in
'■ which they live ^ How can any Man be chofen a Ruling-Elder from
' a Prefbytery, who is not an Inhabitant within any Parilh of that
' Prefbytery, as hath bin done in divers Eleftions, againft all Law,
' Senle, or Realbn ?
' By what Law or Pradice was it ever heard, that young Noble-
' men, or Gentlemen, or others, (hould be chofen Rulers of the
' Church, being yet Minors, and in all conJlruftion of Law thought
' unfit to manage their own private Eftates ; unlefs you will grant
' that Men of meaner Abilities may be thought fit to rule the Church,
' which is the Houfe of God, than are fit to rule their own private
' Houfes, Families, and Fortunes.
By
Hijiorkal Collections.
851 '
' By what Law can any Ruling Elder be lent to a Prcll)ytcry to
' give Vote in any thing, el]->ccially in chufing Commiirioners for the
' General Aflcmbly, who is not cliolln for that purpofe by the Seflion
' of that Parifli in which he is a Ruling Elder ? And who gave power
' to the Minifter of every Parilli, to bring with him to the Prefbytery
' for that purpole any Ruling Elder of his Parilh whom he pleafed ?
' But it is well known, that divers Elders gave Votes in thefe Pref
' byterics to the Eleftion of fome Commiflioncrs here, who were not
' cliodn by the Seffions of their (everal Parifhes to give Votes in thofc
' Prelbyteries 5 and therefore fuch Commiffioners as were chofcn by
' fuch Lay-Elders, can have no Vote here.
' By what Law or Praftice have the (everal Parifhes or Prefbyteries
' chofen Afleflbrsto their Ruling-Elders, without whole content fbme
' of the Commiffioners here prefent are fworn not to vote to any
' thing ?
' This introducing of Ruling-Elders, is a burden (b grievous to the
' Brethren of the Miniftry, that many of the Prefbyteries have pro-
' tcfled againft it for the time to come,{bme for the prelent •-, as (hall ap-
' pear by divers Proteftations and Supplications ready to be here ex-
' hibited.
' For the Minifters chofen Commiffioners hither, bcfides that the
' fitteft are palled by, and fome cholen who were never Commiffio-
' ncrs of any Aflembly before, that (b they might not ftand for their
' own Liberty, in an Aflembly of the nature whereof they are utter-
' ly ignorant, choice hath alfo bin made of (bme who are under the
' cenfure of the Church, of fome who are deprived by the Church,
' of fbme who have bin banilhed and put out of the Univerfity of
' Glajgpvp^ for teaching the Scholars that Monarchies were unlawful 5
' fome banifhed out of this Kingdom foi: their Seditious Sermons and
' Behaviour ^ and fome for the like Offences banifhed out of another
' of his Majefty's Kingdoms, Ireland ; fome lying under the fearful
' Sentence of Excommunication ^ fome having no Ordination or Im-
' pofition of hands;, fome admitted to the Miniftry, contrary to the
' ftanding Laws of this Church and Kingdom, all of them chofcn by
' Lay-Elders : What a fcandal were it to the Reformed Churches, to
' allow this to be a lawful Aflembly confifling of fuch Members, and
' fb unlawfully chofen ?
' Of this Aflembly divers who are chofcn are at the Horn, and fo
' by the Laws of this Kingdom are uncapable of fitting as Judges in
' any Judicatory.
' Three Oaths are to be adminiflred to every Member of this Af^
' fcmbly 5 the Oath for the Confeffion of Faith, lately renewed by his
' Majefty's Commandment •-, the Oaths of Allegiance,and Supremacy j
' and whofbever Ihall refufe any of thefe, cannot be a Judg in any
' Judicatory of this Kingdom, and therefore refblve prefently whc-
' ther you will take them or not.
' You have cited the Reverend Prelates of this Land to appear bc-
' fore you by a way unheard of, not only in this Kingdom, but in
' the whole Chriftian World, their Citations being read in the Pul-
' pits, which is not ufual in this Church •■, nay, and many of them
' were read in the Pulpits after they had bin delivered into the Bifhops
' own hands. How can his Majefty deny unto them, being his Sub-
' jedfs, the benefit of his Laws, in declining all thofe to be their
' Judges,
14 Caroli,
852
Hisiorka! Collections,
]
^«. 1638. 'Judges, who by their Covenant do hold the principal thing in Que-
\w<;^==V%J ' ftion, to wit, Epifcopacy, to be abjur'd, as many of you do ? Or
' any of you to be their Judges, who do adhere to your lad Protefta-
' tion, wherein you declare, that it is an Office not known to this
' Kingdom, although at this prefent it (tand eftablifhed both by Afts
' of Parliament, and Afts of General Aflcmblies ? Whoever heard of
' fuch Judges as have fworn themfelves Parties ? And if it (hall be ob-
'jefted, That the Orthodox Biftiops in the firft four, and other Ge-
' neral Councils, could not be denied to be competent Judges of the
' Hereticks, though before hand they had declared their Judgments
' againfl: their Herefies : It is eafily anfwered. That in Matters of He-
' refie no Man muft be patient, fince in Fundamental Points of Faith
' a Man cannot be indifferent without the hazard of his Salvation, and
' therefore muft declare him(elf to be on Chrift's fide, or elfe he is
' againft him j but in Matters of Church-Government and Policy,
'which by the Judgment of this Church, in the 21 Article of our
' CoafejfioK^ is alterable at the Will of the Church ; It is not necefla-
' ry for any Man who means to be a Judg, 16 declare himfclf, e(pecially
' againft that Government which ftands eftabliftied by Law at the
' time of his Declaration, being not only neceftary, but likewife un-
' lawful for him at that time (b to do : Now this Declaration, all you
' who adhere to the laft Proteftation, have made even fince you
'moved to be the Biftiops Judges. Befides, even thofe Orthodox
' Fathers never did declare themielves againft the Hereticks, their Per-
' fons or CaUings, by Oaths and Proteftations, as you have done , for
' that had bin a prejudging in them 5 and this prejudging in you,
' makes you now to be incompetent Judges.
' Upon the whole Matter then there are but two things left for me
' to foy '-, Firft, You your (elves have (b proceeded in the Bufinefs of
' this Aflembly, that it is impoffible the Fruits fo much wiftied and
' prayed for, can be obtained in it ; becaufe ftanding as it does, it will
' make this Church ridiculous to all the Adver(aries of our Religion, it
' will grieve and wound all our Neighbour Reformed Churches who
' bear of it 5 it will make his Majefty's Juftice to be traduced through-
' out the whole Chriftian World, if he ftiould fuffer his Subjefts in
'that which concerns their Callings, their Reputations, and their
' Fortunes, to be judged by their fworn Enemies , if therefore you
' will difiblve your felves, and amend all thefe Errors in a new Elefti-
' on, I will with all convenient {peed addrefi my felf to his Majefty,
' and ule the utmoft of my interceffion with his Sacred Majefty for
' the indiftion of a new Affembly ; before the meeting whereof^ all
' thefc things now challenged, may be amended. If you ftiall refufe
' this Offer, his Majefty will then declare to the whole World, that
' you are difturbers of the Peace of this Church and State, both by
' introducing the Lay-Elders againft the Laws and Praftices of this
' Church and Kingdom, and by going about to abolith Epifcopal Go-
' vernment, which at prefent ftands eftablifhed by both the (aid Laws.
' Two points ( I dare fay ) and you muft fwear it, if your Confcien-
' ces be appealed to, ( as was well obferved by that Reverend Gen-
' tleman we heard preach the laft Simday) which thefe you drew into
' your Covenant were never made acquainted with at their entring
' into it, much lefs could they fufped, that thefe two fhould be made
' the iflue of this Bufinefs, and the two ftumbiing-Blocks to make
' them
Hiftorical Collections,
85?
them fill! off from their natural Obedience to their Soveraign.
' As for your pretence of your unlimited freedom, you indeed re-
fuled fo much as to hear from his Majefty's CommifTioner, of any
Precedent Tre.ity, for the preparing and right-ordering of things be-
fore the Aflcmbly 5 alleaging that it could not be a Free Aiicmbly,
where there was any preliraitation, either of the Chu(ers, or of thofc
to be chofen, or of any things to be treated of in the Affembly, but
that all things muft be difculled upon the place, el(e the Aflembly
could not be free : but whether you your felves have not violated
that which you call Freedom, let any Man judg 5 for befides thefe
Inftruftions, which it may be are not come to our knowledg, we
have {een, and offer now to produce, four (everal Papers of Inftru-
ftions lent from them, (whom you call the Tables) containing all of
them Prelimitations, and fuch as are not only repugnant to that
which you call the Freedom, but to that which is indeed the Free-
dom of an Aflembly. Two of thefc Papers were fuch as you were
contented Qiould be communicated to all your Aflbciates ; to wit,
that larger Paper fent abroad to all Prefbyteries, immediately after his
Majefty's indidion of the Affembly ^ and that lefler Paper for your
meeting tirft at Edinburgh, then at Glajgow, fome days before the Af-
fembly 5 which Paper gave order for the chufing of Affeffors, and
divers other Particulars : But your other two Papers of Secret In-
ftruftions were direfted, one of them only to one Minifter of every
Prefbytery, to be communicated by him as he fhould fee caufc, but
to be quite concealed from the reft of the Minifters ; the other Pa-
per was direfted only to one Lay-Elder of every Prelbytery, to be
communicated by him as he ftiould fee caufe, to be quite concealed
from all others : In both which Papers are contained fuch Direfti-
ons, which being followed as they were, have quite banifhed all
Freedom from this Aflembly ; as (hall appear by reading the Papers
themfelves.
Thefe he caufed to be read, but they were difbwned by the Mem-
bers of the Aflembly 5 and they faid. They migk have Lin the private
Opinions of fome, but did infer no prelimitation on the Affembly, To which
the Marquels anfwered. That all the Eleftions being ordered accord-
ing to thefc, was a clear proof they were (ent by an Authority which
all feared to difbbey. And after that he told, that for many months
the Orders of the Tables had bin obeyed by all, but he would now
make a Trial what Obedience they would give to the King's Com-
mand ^ and protefted, That one of the chief Realbns that moved him
to diffolve this Aflembly, was, to deliver the Minifters from the Ty-
ranny of Lay-El Jers, who ( if not fuppreffed ) would (as they
were now defigning the ruin of Epifcopal Power) prove not only
Ruling, but Over-ruling Elders '-, fb in his Majefty's Name he diflbl-
ved the Affembly, and difcharged their further Proceedings under
pain of Treafon. *
Mr. Henderjon, and the Earl of Rothes anfvvered him. That thej rttre
firry he left them, but their CoTifciences bore them rvitnef, they had hitherto
done vothmg amifs^ and therefore would not defert the Work^ of God ;
protefting much of their Duty and Obedience to the King in its due
Line and Subordination.
Caroli 14.
sarc
The
i
t
i
854
Hiftotical Collections,
The Marquefs prefently went out and called a new Council, to
whom he imparted his Mind : But from the Council the Earl o^Argile
withdrew, and fully cleared all jealoufies about him ^ for he told the
Marquefs in plain Language, He vpottld take the Covenant^ and own the
^jfemhly : but moft of the Council (eemed (atisfied with the Marqueis
his Carriage in the AfFembly 5 yet the Marquefs durft not offer to
them the Proclamation for diffolving the AlTembly to be figned in
Council for fear of refu(al,not having tried them all in it before-hand ;
I but the next morning he got them to fign it, and then he fent it to the
Market-Crols at GUfgow to be proclaimed, where it met with a Prote-
ftation s both which do follow.
QHJ^LES by the Grace of God, King of Scotland^
England, France^ and Ireland^ Defender of the Faith. To
all Our Lovics, Heraulds, Purfevants, Our Sheriffs in
that part conjundly and feverally fpecially conftitute.
Greeting.
O^afnu'ckle ass out of tlje Eoi'al atiti iTntljerli) Catc Mji'cfj ©Mc
Ijane IjaU of rtjc (Jpooc aitn l^eace of tW ©ur ancient ann I5a=
tiue tUnijDom ^ Xya^sim tafeen into ^\\t fcriouis Confiticcation
all fttclj tljins^ as miffljt ^auc %\\it\\ contentment to Cur (55ooD ano
LoialSubiccts: ann to tW tm Ijao tiifcljariyeti, bw our l?)?ocIa-
mation, tlje Service- Book, TSook Of Canons, auD High-Commiflion ,
freeu nnn lilicratc all 99en from tlje p^artiflnn; of tlje Five Articles,
matse all our ^lubjccts, botlj Ccclefiaftical ann CiUil, liable to t|)e
Cenfure cf pariiamcnt, <©cneral aiTemblp, 0? tm otijer Juoicato??
competent, acco^onio; to tijc nature ann qualitj) of ti)e Cffence : 'Ms
fonijefrecentrpof 93mifters, tljatno otljer €)at6 be anminiffreti
unto tfjcm, tijan tljat toljiclj tjs contalnen in tije 3rt of Parliament,
ijao reclareo all bp gone Difo^erjs abfolutelj) fo^tvotten ano fo?0(uen :
3no fo? tfje \\\m full ann clear ejtirpatina; ail grouno ano occafion of
fears of Jnnoijation of B.elin;ion, UXt ban connnantieli tlje Confef-
fion of Faith, ann Band foj maintenance tljereof, ann of 9utl)o?it?
intJcfenceof tbe (time, fubfcribcn bp our near jfatljer ann Ijis Imit-
Ijol?, in Anno 1580, to be reneuien nno fubfcribco again b? our
8)Ubiects Ijcrc : like as fo? fetling of a perfect peace in tl)c Cburclj
ann Common aUealtlj of tbis lamgnom,aBecaufeninnicta free Gene-
ral aoemblp to be Ijoioen at Glafgow tbe 2 1 of tljis JniTant, ann
tljcrcaftcr a parliament in May, 1639. 'Bp Uibiclj clement nealing,
2Il£ lookcn alfuretJlp to \mt renucen our €)ubfefts to tbeir former
quiet Ti5el)aiiiour, ann nutiful Carriage, UJbereto tbcp are bounn bp
tljc mm of <5pon, ann iLatus, botlj National ann i^inicipial, to m
tbeir Ji5uti\je ann ^oneraign \p\mz. ann albeit tlje uiifljeo effects
nm not follotu, but on tlje contrary, bp ©ur fo gracious pjocenure
tljep U3ere ratljer emboincnen, not onlp to continue in tljeir fiubbajn
ann unlauaftil toap^, but alCo nailp ann to tljeir former p^ocenures,
acts of Beglect ann contempt of autljontp, as etjinentlp appearen
bp open oppcfltion of Cur luft aun religious picafure ann Commann,.
erpjea in our laffi proclamation anent tljc nifcljarge of tbe Service-
Book, TiOOk Of Canons, High-Coramiffion, &c. p^otefting agaiuft
t&e
Hiflorical Collections,
^55
tljc fame, linn firiUmij bv niniip (ntiirert niCiins to iuitl)D;aiu the
Ipeaitsi of our uooti JiJcoplc, not onip from n [jcdrtp aclmcuiicnumcnt
of 0ur grnctcus ncaluiij uiitlj il)cm, but alfo from tljc mic ©licnf
nice to tOofc 0ur tuft nntJ vclijjicufii Comnuinufi, notinttO.laiiDinff
Mc IjatJ Diu fo^merli) fo oft prtitioitco bp tijcmfciucjs fo^ tfjc fame, bt»
tOeiv nailp aun Ijoitrb' ciuirmnu anD vuatcOinQ; about our Cnflic of
Edinburgh, fuffciinn; uotijuio; to be mipoJtcn tijcrcui but at tijcu- mf
crcti'cn ■■> antJ opcnlp ftoppuiij ano uupcouiQ; aiip impo:taticii cf ammu
m'tion, 0? otljcr nccclfarics luljatfocvicr, to anp otfjcr of our Doufcs
uiitljiu tljat lAiimtiom : Ucnptno; to Gis tljcir ©oucraign Lo/d tbat
liberty ann freedom Uibtclj tl)e mcancft of tljf m aflluite to tDcmfcltics,
(an3ct luitljout p^cfiDcut o? sample in tljc dljnftian^OojlD) bp niaktnnc
of Coiibocatiouis aiiti Coiuicil-Cablcjs of jaobilitp, (Scntrp, 05tu-^
roiB0, aim cpinilfcr^, luitbrn tbc Citp of Edinburgh 5 uifterc, not
rcffarnintj tijc Lam of tlje i^itiffOom, tfjcp, iuitfjout K-tarrant of
^utfjojitP, Conijcnc, aifcmblc, auti treat upon ^attersf, a0 uicli
Ccflcfiaftical ass Cibil ^ fcuD tijeir Jnjunaions anu Dirmionss
tljJouQljout tIjc Counti'p to tijcir ©uboim'natc Cabled, ann otber
unDcr i^iniflcrsi appointed bp tf)cm f j? tljat effect, ann luioer colour
ann pjctept of iACliffion, cj;crc(finn; an untoarvanteD ann unboiutDcn
tibertp, reiiiurc ©bcnience to tljcir illcffal ann unfaiuful i3^ocenureg
ann Directions, to tije great ann feen piejunicc ot Ciutljoittp, auD
laioftil Q3onarcI).(caI t^o^jernuient. Sua notuiitbftanntnn; tt mais eui=
nttttip mamfcff, Iptfjetlleffal ann imtojmalCourfe taken in tljc €lec
tion cf tljelr Commiffioners fo? tlje atfcmblp, toljcreof fomc arc un=
ner tljc ceitfure of tljisi Cljurclj, fomc unner tbc ccnfure of tljc
Cljiu'clj of Ireland, aun fomc long fsncc baninjen foi open ann abotncn
teacljiUQ; againfl ii3cnarcljp ■■> otljcrjs of tijcm fufpcnncn, ann fomc
anmittcn to tlje 93uuflrp, contrarp to tljc jfo?m p^cfcribcn bp tlje
laias of tljis lAinijnom ■■, Ciljer^ of tljcm a long time fuicc nencuncen
Rebel's, ann put to tljc lpo?nc, luljo bp ali Laiu, ann unbiolablc cu-
Hom ann practice of tljis l^iuffnom, arc, a»n cuer Ijauc Un incapa^
ble, eitljct to purfue, c?nefenn, befo2c anp 3iunicato}p, farlefstobc
Jungcs tljemfcliies} ■■, feme of tljcm confinen, ann all of tljem bp
2Datlj ann ©ubfcnpticn bounn to tljc oDcrtlj^oui of epifcopacp : Clnn
b^ tlji0 ann otljcr imncr^jann U)o?tttnfl:, ann p?i\jatc info?mattonis ann
perfuiafions, Ijauc iji\3cn nift groimn of fufpicion of tljcir partialitv
ficrcin, aim to mane tljcmfciDcs unfit Junge^ of uiljat conccrnctlj
€piTcopacp> ^m alfo it luas fufficicntlp clcaren bp tljc pereinptojp
ann illegal 19?ocenure0 of tljc I2)?eisbptcrics , loljo at tljeir ouiii
ljann,uiitljouto^ner of laU),annu)itl)out Due fo;m of pjoccfSjtbiift out
tljc C^oneratojsi latofullp eftabUfljen, ann placen otljcrs, luljom tljep
founn moft inclinable to tljeic turbulent I3umour0 •■, alToriatc to tbcm-
fclbe0 fo? tlje cljufing tljc fain Commiffioncrs fo? tljc aiTcmblp, a
Haick €inet out of eaclj Paroclj 5 tuljo being in moft p'acejs ecjual,
if notmo?c in number tljan tljc ^^iniftip, mane cljoiccbotljof tlje
i^inifters tuljo fljouin be CTommiffioncr^ from tljc p^csbptcrics, as
alfo of a ^lulingosiner •■, being nirecten mo?e tljcreiit bp tbe eilar
rants from tlje foiefain pjctennen Cables, tijan bp tljcir oton Jung=
nients ■■, as appears bp tljc feucral pzibatc InftriiLtions fent from
tljcm, far contrarp to tljc Laios cf tlje Countrp, ann louiablc cuftom
tf tljc Cljurclj : bp tobiclj noingsit iS tco manifcff, tbat no calm no?
peaceable p?oce5urc 0? coutfc couio Ijanc bin erpecten from tbis
srrrf2 aircmbip,
1 4 Carelr.
85^
Hiforical Collections,
An. i6:;8. laifcmblp, foi fctliiwtije p?£fcnt Difo?ner0 ann DiflTaction^ : ^zt
L^s^^-v^'ix^ 1 aie ujeic plcafctj \)zm\\ m fame fait ta blmnfaiu ouc 0U)n lununicnt,
ann cucf-lcok tf)c faiti Difoitiersj, aiiti pattcntip to ilttenu tlje niectitio:
cf tljc faiiJ la&niblp ^ ftill \mm tljat tuljen tijej^flj^x met tcuctfjct,
bp ct!r Conimiffionevljis picfencc, ann affiftancc of fuel) ot&er tuell--
DifpofcD eiib?cct0 tuljo tuere to be t&ere, ann bp tfjctu oUjn fccinij
tfje rcai pctfoimance of all tljat U)i0 piomifeti tf our lalt p^oclama-
ticn, tijcp" fljoiiia Ijaise bin intiticeD to return to tljctc tuc © jr ti:?nce
of Sutecttjs. 'lout pcrcciuing tljat tljeir feDt'ticue Difpoatrcn aui in-'
crcafc0,bp tijtir repairing to tlje fata aifcmblp tuitl) great lomm ann
Crocps of S^en, all boniiin in fear of 8Bar, tiittfj ®m\ti an5 \pv
Ifols, comraip to tDe Lata?) of tljis llAingtijm, cuSom obfcrijeti (n all
affcniblted, ana nt tigb contempt of our lafi p?oclamation at tdin-
burghtOe 1 6th of tlji0 Jnitautv !a0 alfo by tljeir perempto?p refii-
fn-g^ofciir aaeffojs autl}o?i?eti h^m^ (aWjoufflj femer m number
tiin cur Beared f atljcr tua^ in ufe to Ija^e at Uiberis aiTemblie^) tlje
potter of (3otiU5 in tijiss aiTemblp, as foimerlp tfjcp IjiiD^ Dane in
otijcr iaffcmblicig ^ anti bp tljeir partial, uniuff, anu uncljriPfian refu-
{i\Ms^ ann not fuffering to ht reantljeEeafon^ann ariyinncnt^ giuen
in tp tf)e OBifljip^, ann tljeir anijerentss, to our Ccmmifiioner, u;6p
tlje aaembi^ ctiffljt not to pjoteen to tlje election of a ^oncrato? lait^
tljrm, neitl)cr pet to tlje acmittinff of anp of tlje iaio Cammiffioncris
irom p?c0bpteric0, befaie tljep UJcie Ijearn to object aga niv ilj; fame,
tljouglj earncaip rcijuiren ^ our Comuniftoncr in cue ii^amc* 'Ms
niotiDitpanning tljat our Commiffioner unser W Ijann, bp aiarrant
from 210, p^e in a fufficicnt Declaration cf allt^attuas ccnrainen
ut our late liJ^oclamation ann iDetlaration, tlje fiiiue bearing Itkciuae
our pcafurcoftljeErgiftrationof tlje fame in tf)e nsootts of t&2
aiftmblp, foj tlje full affurance of tlje Crtic Eeitgion to all our goon
«g)ub!cct0 : ^nn pet not reifing fatisfien (Ijcretnitlj, left tije continue
ance of tljeir meeting tcgctljcr migljt pionuce otljer tlje lilie nange--
ri.u0 act0, nerogato^ptoEoialSlutljoiitp, mt Ijabe tfjougljt goon,
fo? p^entnting tljcreof, ann fo? tlje tnljote Caufe0 ann EeafoitiS abolje^
nirntionen, ann nilier^ otl}er0 importing tlje Crtie r^onarcfcical ^a-.
Dcrnntent of tlji^ Cfiate, to niifoiue ann b?cak up tlje fain i^ircmblp*
ann tljerrfaie,
Our ©Hill i0, Cljat etie to nifcljarge ann inljibit all ann tuljiitro-
e\]cr p?etcnnen Commiffioner^, ann oil):r ^embers of tljc fainpje-
tcnnen atfcmblp, of all furtljcr meeting ann conbening, treating
ann concluning anv tljing belonging to tfte fam Sflemblp, xwm-c tOe
pain of Creafon ; neclaring all ann loljatfo?ber tftat tlje? fljafl Ijappen
to no in aup p>etcnnen st^ceting tljereaftcr, to be miK, of no flrengtlj,
faice no> effect, tuitlj all tljat map follou) rljcreupon : pioljibiting ann
nifcljarging all our lieges to gi\JE ©bcniencc tljereto, ann neclaring
tljem, ann eucrp one of tftem, free ann erempt from tlje fame, ann
of all |ja?arn tljat map cnfue fo? not obeping tljercoC ^m fo,? tlje
effect, ©lie commann ann cljarge all tlje fojefain pjetennen Commit
floners, ann otljer ^embers of tlje fain ^ilemblp, to nepait fo tfj of
tlji0 Citp of Glafgow loitljin tlje fpace of 24 Ijourd after tlje publica-
tion Ijereof, ann to repair Ijome to tljeir oton l^oufes 5 01 tljat tijep go
about vljeir oion pnbate atiairs \\\ a tjuiet mamier* COitlj fpectal
p20bifion altuaps, Cljattlje foiefain Declaration, giben iw imreu cur
Commiffioner .0 l>inn, iiitlj ail tljerein containen, fljall notU3it?juann=
Hijlorical Collections,
857
nto; Ijereaf ftant! fit!!, firm, aitu fare to nil our 0ooti S)iil3icct£i in ad
time comtno;, f03 tljc lull rtlTurancc to tljcm of tijc Criic Ecliumn.
aiiD our U\\\\ 10, aim 2Hc ccmmnno antj cljarue, efjat incontinent
tfjcfe our Letters fccn, pc pafo, aiiD make publication Ijcreof bp open
}>?oclamation, at tIjc S)9arUet=Crof!3 of Giaigow, nnn otijec places
necvful, tuljere tljjougl) none p^etenu isno^ancc of tljc fame.
Given under Our Signet at Glafgevp^ the 2^th of November, and of
Our Raign the \^th Year.
Sic Subfcribttiir.
Hamilton, Traquair, Roxborottrgb, Murray, Linlithgow, T^erth,
Kinghorne,- Tullibardin, Haddington, Gallovpoy, Annandaill,
Lauderdale, Kinnoull, Dumfreis, Southesl^, Belhaven, ^ngui,
Daljel, J.Hiy, W. Elphinjion, JaXarmichael, J. Hamilton.
the ^rotejiation of the General Affembly of the Qjurch of
Scotland, €2rc. made in the High ^rk, and cit the JMar-
Aef-(_ro/5o/ Glafgow, Nov. 19. 1658, I
WE Commiffioners from Prelbyterics, Burghs, and Univerfi-
ties, now convened in a full and free Afiembly of the
Church of Scotland, indifted by his Majefty, and ga-
thered together in the Name of the Lord Jefus Clriji^ the only Head
and Monarch of his own Church ; And we Noblemen, Barons,
Gentlemen, Minifters, Burgefles, and Commons, Subfcribers of the
Confejjwfj of Faith, make it known. That where we bis Majetl> V
Loial Subjeds, of all Degrees, confidering and taking to heart the
many and great Innovations and Corruptions, lately by the Prelates
and their Adherents, intruded into the Doctrine, Worfhip, and
Difcipline ot this Church, which had bin before in great purity, to
our unfpeakable comfort, eftabliflied amongft us, were moved to
prefent many earneft Defires, and humble Supplications to his Sacred
Majefty for granting a free General Afiembly, as the only legal and
ready mean to try thele Innovations, to purge out the Corruptions,
and fettle the Order of the Church for the Good of Religion, the
Honour of the King, and the Comfort and Peace of the Kirk and
Kingdom. It pleaCd his Gracious Majefty, out of his Roial Bounty,
to dired unto this Kingdom, the Noble and Potent Lord, James,
Marquefs of Hamilton, with ComraiiTion to hear and redrels the
juft Grievances of the good Subjefts ^ who by many Petitions,
and frequent Conferences, beiug fully informed of the abfolute ne-
cefiity of a free General AUembly, as the only Judicatory which
had Power to remedy thole Evils, was pleafed to undergo the
pains of a Voyage to England, for prefenting the pitiful condition
of our Church to his Sacred Majefty.
' And the (aid Commiffioner his Grace, returned again in ^Hguli
laft, v/ith Power to Ind id an Allembly, but with the contlition of
fuch Prelimitations, as did both dcftro^', and could no ways cure
the prelent Dileafesof this Church 5 which was made fb clearly ap-
' parent '
I J. Caroli.
;
858
Hislorical Coilections.
' parent to his Grace, that for fatisfying the realbnable Deiire of the
' Subjefts, groaning under the vvearinels and prejudices of long-fome
' Attendance --, He was again pleafed to undertake another Journey
' to his Majefty, and promiled to endeavour to obtain a free General
' Allembly, without any Prelimitation, either of the Conftitution
' and Members, ©r Matters to be treated, or Manner and Order of
' Proceeding 5 fb that if any Queftion ftiould arife concerning thele
' Particulars, the fame (hould be cognoled, judged, and determined
' by the Afferably as the only Judg competent. And accordingly by
' Warrant from our Sacred Soveraign, returned to this Kingdom, and
' in September lafl:, caufed indift a free General Aflembly to be holden
' at Glajgotr, the 2 1 of November inftant, to the unfpeakable Joy of
' all good Subjects, and Chriftian Hearts, who thereby did exped the
' perfed (atisfaftion of their long Expedations, and t^ie final Remedy
' of their preffing Grievances. But thefe Hopes were fbon blafted :
' for albeit the Alfembly did meet and begin at the appointed day,
' and hath hitherto continued, ftill affifted with his Grace's Perfonal
' prefence , yet his Grace hath never allowed any Freedom to the
' Aflembly, competent to it, to the Word of God, Ads and Pradice
' of this Church, and his Majefty's Indidion , but hath laboured to re-
' ftrain the fame, by protefting againft all the Ads made therein, and
' againft the Conftitution thereof by fuch Members, as by all Law,
' Realbn, and Cuftom of this Church, were ever admitted in our
' Free AfTemblies, and by denying his approbation to the things pro-
' poned and concluded, though moft clear, cultomable, and uncon-
' troverted.
' And now fince his Grace, after the prefenting and reading of
' his own Commijfton^ from our Sacred Soveraign, and after his fee-
' ing all our Commijfwns from Prelbyteries, and Burrows, produ-
' duced and examined, and the Aflembly conftitute of all the Mem-
' bers by unanimous confent, doth now, to our greater Grief^ without
' any juft caufe or occalion offered by us, unexpededly difcharges us
' from any further meeting or proceeding in this AfTembly, under the
' pain of Treajbn j and after feven days fitting, declare all Ads made,
'or hereafter to be made in this AfTembly, to be of no force nor
' ftrength ; and that for fiich Caufes as are either expreffed in his
' Majefty's former Proclamations, (and fb are anfwered in our former
' Proteflations) or fet down in the Declinator and Proteftation pre-
' fented in the Name of the Prelates, (which are fully cleared in our
' Anfwer made thereto ) or elfe were long fince propounded by the
' CommifTioner his Grace in his eleven Articles or Demands fcnt unto
' us, before the indidion of the AfTembly (and fb were fatisfied by
' our Anfvvers, which his Grace acknowledged, by promifing, after
' the recept thereof,to procure a free General AfTembIy,and with power
' to determine upon all Queftions anent the Members, Manner, and
' Matter thereof) 5 all which, for avoiding tedioufhefs, we here re-
' peat, or otherwife the faid Caufes alleged by the CoramifIioner,were
' proponded by his Grace in the Aflembly : fiich as, firft, That the
' Aflembly refufed to read the Declinator, and Proteftation exhibited
' by the Prelates ^ which neverthelefs was publickly read and confi-
' dered by the AfTembly, immediately after the Eledion of a Mode-
' rator, and conftitution of the Members •-, before the which there was
' no AfTembly eftablifhed, to whom the fame could have bin read.
'Next.
I
Hijlorical Qoliections.
859 I
' Next, That Ruling-Elders were permitted to have Voices in the
' Eledion of Commiflioners from Prefbytcrics, which was known to
' his Grace before the indiftion and meeting of the AlTembly," and is
' fo agreeable to the Afts and Praftice of this Church, inviolably ob-
' ferved before the late times of Corruption, that not one of the kC-
'lembly doubted thereof 5 to whom by the indiftion and promise of
' a free Aliembly, the determination of that Qiieftion, anent the
' Members conftituent property belonged.
' And laftly. That the Voices of the fix AfTeflbrs who did fit with
' his Grace, were not asked and numbred, which we could not pcr-
* ceive to be any juftcaule ofOfFence,fince after 59 National AfiTemblies
' of this Reformed Churcii, where neither the King's Majcfty, nor
' any in his Name was prefent, at the humble and earneft defire of
' the Aliembly, his Majefty gracioufly vouchlafed his prefence, either
' in his own Roial Perfon, or by a Commifiioner, not for voting or
' multiplying of Voices, but as Princes and Emperors of old, in a
' princely manner, to countenance that Meeting, and to prefide in it
' for external Order , and if we had bin honoured with his Majefty 's
'Perfonal Prelence, his Majefty (according to the praftice of King
' James of Blefled Memory) would have only given his own Judg-
' mcnt in voting of Matters, and would not have called others who
' had not bin cloathed with Commiffion from the Church, to carry
' things by plurality of Voices.
* Therefore in confcience of our Duty to God and his Truth, the
' King and his Honour, the Church and her Liberties, this Kingdom
' and her Peace, this Aflembly and her Freedom, to our Selves and
' our Safety, to our Poftenty, Peribns, and Eftates, we profefi, with
' forrowful and heavy, but Loial Hearts, That we cannot diffolve this
' Aflembly for the Realbns following.
1. ' For the Reafbns already printed anent the neceflity of con-
' vening a General Aflembly, which are now more ftrong in this cafe,
' feeing the Aflembly was already indifted by his Majefty s Authority,
' did convene, and is fully conftitute in all the Members thereof^ ac-
' cording to the Word of God, and Difcipline of this Church, in
' the prefence and audience of his Majefty's Commiflioner, who hath
' really acknowledged the fame, by aflifting therein feven days 5 and
' exhibition of his Majefty's Roial Declaration to be Regiftrate in the
' Books of this AfTembly, which accordingly is done.
2. ' For Reafbns contained in the former Proftetations, made in
' the Name of the Noblemen, Barons, BurgefTes, Minifters, and Cotti-
' mons, whereunto we do now judicially adhere, as alfo unto the
* Cof7fejfion of Faith and Covenant^ fubfcribed and fworn by the Body
' of this Kingdom.
5. 'Becaufe, as we are obliged by the Application and Explication
' fubjoined, neceffarily to the Confejfioti of Faith fubfcribed by us 3 So
' the King's Majefty, and his CommifTioncr and Privy-Council, have
' urged many of this Kingdom to fubfcribe the Confejfion of Faith
' made mAnno 1580, and 1590, and fo to return to the Doftrine
' and Difcipline of this Church as it was then profefled : But it is clear
' by the Doftrine and Difcipline of this Church, contained in the
' Book of Policy then regiftrate in the Book<. of Aflembly, and fubfcri-
' bed by the Prefbyteries of this Church,That it was moft unlawful in
' it felf, and prejudicial to thefe Priviledges which Chrift in his Word
'hath
14 Carol:.
86o
Hi^orkal Collections,
^«. 1638. 1 ' hath left to his Church, to diflblve or break up the Aflembly of this
\.x?=A/'''^ j ' Church, or to ftop and ftay their Proceedings, in conftitution of
'Afts for the welfare of the Church, or execution of Difcipline
' againft Offenders •■, and fo to make it appear, that Religion and
' Church-Government ftiould depend abfolutely upon the Pleafure of
' the Prince.
4, ' Eecaufe there is no ground of pretence, either by Ad of AC-
' fembly or Parliament, or any preceding practice, whereby the King's
' Nfajcfly may lawfully diflblve the General Aflembly of the Church
'■oi^ Scotland^ farlelshisMajefty'sCommiffioner, who by his Commit-
' fion hath Power to indid and keep, feamdiim legem d^ praxim ; but
' upon the contrary, his Majefty's Prerogative Roial, is declared by
' Aft of Parliament to be no ways prejudicial to the Privileges and
' Liberties which God hath granted to the Spiritual Office-bearers, and
' Meetings of this his Church •■, which are mofl: frequently ratified in
' Parliament, and efpecially in the laft Parliament holdcn by his Ma-
' jefty himlelf : Which Privileges and Liberties of the Church, his
' Majefty will never diminifli or infringe, being bound to maintain
' the ftme in integrity, by folemn Oath given at his Roial Corona-
' tion in this Kingdom.
5. ' The Afltmbliesof this Church have flill injoied this freedom
'of uninterrupted {itting,without or notwithftanning any contramand^
' as is evident by all the Records thereof 5 and in fpccial, by the Ge-
' neral Aflembly holden in Am7o 1 5§2 5 which being charged by Let-
' ters of Horning, by the King's Majefty, his Commifiioner and
' Council, to ftay their Proce(s againft Mr. Robert Montgomery^ pre-
' tended Biftiop of Glajgow, or otherwife to diflolve and rile ^ did,
' notwithftanding, (hew their Liberty and Freedom, by continuing
' and fitting ftill, and without any ftay, going on in the Procefs
' againft the Ciid Mr. T^obert to the final end thereof: And thereafter,
' by Letter to his Majefty, did ftiew clearly how far his Majefty had
' bin uninformed, and upon mifinformation, prejudged the Preroga-
"• tive of 'jefus Chri^^ and the Liberties of the Church ^ and did En-
' aft and Ordain, That none ftiould procure any fuch Warrant or
' Charge, upon the pain of Excommunication.
6. ' Becaufe now to diflolve, after fo many Supplications and Com-
' plaints, after fo many reiterated Promifes, after oui- long attendance
' and expeftation, after lb ma^y Fveferences of Proceffes from Prefby-
' teries, after the publick indiftion of the AflTembly, and the folemn
' Faft appointed for the fame, after frequent convention, formal
' conftitution of the AfTembly in all tlie Members thereof, and feven
' days fitting, were by this Aft to offend God, contemn the Subje<5h
' Petitions, deceive many of their conceived hopes of redrcfs of the
' Calamities of the Church and Kingdom, multiply the CombufHons
' of this Church, and make every Man defpair hereafter ever to fee
' Religion eftablifhed. Innovations removed, the Subjtfts Complaint
' rcfpefted, or the Offenders punilhed with confent of Authority -,
' and fb by cafting the Church loofe and defblate, would abandon both
' to ruin.
7. ' It is moft neceffary to continue this AfTembly for preventing
' the Prejudices that may enfue upon the pretence of the two Cove-
' j/./»^j,v,, hereas indeed there is but one 5 that firft fubfcribed in 1580,
'and 1590, being a National Covenant and Oath to God, which is
' lately
Hijlorical Collections,
U
lately renewed by Us with that ncceflary Explanation, which the
Corruptions introduced fince that time, contrary to the lame, infor-
ced. Which is alfo acknowledged by the Af^s of Council in Sept em-
ber laft, declaring the fame to be fubfcribed, as it was meaned the
time of the firft fubfcription : And therefore for removing that
(hame, and all Prejudices that may follow upon the thow of two
different Covenants and Cowfejfions of Faith in one Nation, the Affem-
bly cannot diffolve, before it try, find, and determine, that both
thefe Covenants are but one and the felf lame Covenant. The lat-
ter renewed by us, agreeing to the true genuine fenfe and meaning
of the firft, as it was fubfcribed in Anm 1580.
' For thefe, and many other Reafons, we the Members of this Af-
fembly, in our own Name, and in the Name of the Kirk of Scot-
land, whom we reprefent, and we Noblemen, Barons, Gentlemen,
Minifters, Burgefles, and Commons, before mentioned, do foJcmnly
declare, in the prefence of the Everliving God, and before all Men ,
and proteft,
1. ' That our Thoughts are not guilty of anything which is not
incumbent to us, as good Chriflians towards God, and Loial Subjects
towards our Sacred Soveraign.
2. "• That all the Protejiations, general and particular, proponed or
to be proponed by the Commiflioner his Grace, or the Prelates and
their Adherents, may be prefently difcufled before this General Af^
fembly, being the higheft Ecclefiaftical Judicatory of this Kingdom •■,
and that his Grace depart not till the fame be done.
3. ' That the Lord Commiflioner depart not till this AflTembly do
fully fetde the folid Peace of this Church, cognofcing and examin-
ing the Corruptions introduced upon the Dodrine and Difcipline
thereof : And for attaining hereof^ and removing all juft Exceptions
which may betaken at our Proceedings, we atteft God, the Searcher
of all Hearts, that our Intentions and whole Proceedings in this pre-
fent AfTembly, have bin, are, and fhall be, according to the Word
of God,the Laws and Conftitutions of this Church,the Confeflion of
Faith, our National Oath, and that meafure of Light which God the
Father of Ligiit fliall grant Us, and that in the fincerity of our
Hearts, without any preoccupation or palTion.
4. ' That if the Commiflioner his Grace depart, and leave this
Church and Kingdom in this prcfent difbrder, and difcharge this Af^
fembly, That it is both lawful andneceflary for us to fit ftill and con-
tinue in keeping this prefent Aflembly indifted by his Majefty, till
we have tried, judged, cenfured, all the by-gone Evils, and the In-
troduftors, and provide a fblid courfe for continuing God's Truth
in this Land with Purity and Liberty, according to his Word, our
Oath, and Confeflion of Faith, and the lawful Conftitutions of this
Church ; and that with the Grace of God, we and every one of us
adhering thereunto, fhall fit ftill and continue in this Aflembly, till
after the final fctling and conclufion of all Matters, it be diflblved
by common confent of all the Members thereof
5. ' That this Aflembly is and fhould be efteemcd and obeyed as a
moft lawful, full and free General Aflembly of this Kingdom 3 and
that all Adis, Sentences, Conftitutions, Cenfures, and Proceedings
of this Aflembly, are, and fhould be reputed, obeyed, and obfer-
ved by all the Subjefts of this Kingdom, and Members of this
Ttttt 'Church,
14 Carol i.
862 \
Hijlorical Collections,
^«. 1658.
' Church, as the Adions, Sentences," Conftitutions, Cenfures, and
' Proceedings of a full and free General Aflemblie of this Church of
' Scotland^ and to have all ready execution under the Ecclefiaftical
' Pains contained, or to be contained therein, and conform thereto in
' all Points.
6. ' That whatfoever Inconveniences fall out, by impeding, mo-
' lefting, or ftaying the free Meeting, Sitting, Reafoning, or Con-
' eluding of this prefent Affembly, in Matters belonging to their Ju-
' dicatory, by the Word of God, Laws and Praftice of this Church,
' and the Confeffion of Faith 5 or in the obferving and obeying the
' Ads, Ordinances, and Conclufions thereof, or Execution to follow
' thereupon, that the Hime be not imputed unto us^ or any of us, who
' moft ardently defire the concurrence of his Majefty's Commiffioner
' to this lawful Aflembly ; But upon the contrary. That the Prelates
' and their Adherents, who have protefted and declined this prefent
' Affembly, in Conlcience of their own guiltinels, not daring to abide
' any legal Trial :, and by their mifinformation have moved the Com-
' miffioner his Grace to depart and difcharge this Affembly ^ be
' efteemed, reputed, and holden the Difturbcrs of this Peace, and
' Overthrowers of the Liberties of the Church, and guilty of all the
'■ Evils which (lull follow hereupon, and condignly cenfored accord-
'ing to the greatnefs of their Fault, and Afts of the Church and
' Realm. And to this end we again and again do by thefe Prefents
' cite and fummon them, and every one of them, to compere before
' this prefent General Allembly to anfwer to the Premi{es,and to give in
' their Reafons, Defences, and Anfwers againft the Complaints given
' in, or to be given in againft them, and to hear Probation led, and
' Sentence pronounced againft them, and conform to our former Ci-
' tations, and according to Juftice, with certification as Effeirs ^ like
' as by thefe Pre(ents we fummon and cite all thofe of his Majefty's
' Council, or any other who have procured, contented, fubfcribed,
' or ratified this prefent Proclamation to be refponlable to his Majefty,
' and three Eftates of Parliament, for their counfel given in this Mat-
' ter, (b highly importing his Majefty, and the whole Realm, conform
' to the 12 Aft King James, 4 Parliam. 2. and proteft for remedy of
' Law againft them, and every one of them.
7. ' And laftly. We proteft that as we adhere to the former Prote-
' ftations, all and every one of them, made in the Name of the No-
'blemen. Barons, Gentlemen, Minifters, Burgeffes, and Commons j
' fo feeing we are furprized by the Commiffioner his Grace's fudden
* departure, fir contrary to his Majefty's Indiftion, and our Expefta-
' tion, we may extend this our Proteftation, and add more reafons
' thereunto in greater length and number, whereby we may fully
'^Icar, before God and Man, the equity of our Intentions, andlaw-
' fulnefs of our Proceedings : And upon the whole Premifes, the
' aforefaid Perfons, for themfelves, and in name afore(aid, asked In-
' ftrumcnts.
' This was done in the High Church of Glafgow^ in publick Audi-
' ence of the Affembly, begun in prefence of the Commillioner his
* Grace, who removed and refufed to hear the fame to the end 5 the
' 28//jday of Novewher, and upon the Market-Crofs of Glafgew the
' 7<^th day of the faid month, the Year of God 1638 refpeftive.
After
Hiflorical Qollections,
After the Marquefs had diflblved the Affcmbly, the Council refol-
ved to write to his Majefty a Letter of Thanks for thofe gracious
Proffers which he by his Commiffioner had made at the AllemblVj
which they did as followeth, dated the 29//) of November.
Molt Sacred Soveraign,
IN Obedience to yow Majeliys Roial Commands^ rve have attended
your Majeliys Comvii\Jioner here at Glafgow, [ime the i -jth of thk
hjiant.and according to our bound Duty info exigent Occafionjhave not Lin
Xffanting^ with our humble and befl Advices ; and although ive do admit the
particular Relation of rvhatpaji to his Graces felf as befiJ^norvn to him^ yet
Tee catmst for Truths-Jake be fb Jilent^ as not to acl^ovpledg to your Muje-
Jiy^ that never Servant did with more Indujiry, Care^ Judgment and Pa-
tience, go about the difcharge of fo great a Truji : And albeit the fuccefs
hath not anfrvercd his de fires, neither yet his extraordinary pains, and
(as vpe may confidently affirm) mofl dextrom and advifed Courfes taken to
compafs the jufi Command of Jo gracious a King 3 yet his dejcrving herein
Merits to be remembred to Pojierity. ^nd fince your Majeliy hath bin
pleafcd to renerv to us year former yiB of Grace, expreffed in your T^ro-
\ elamat ion and Declaration anent the maintenance of the True Religisn,and
ire in the defence and profejjion thereof -^ We do all in humility and hearty
acknowledgment of fo great Goodnefs, return to your Majelfy the offer of
our Lives and Fortunes in defence of your Sacred 'Verfon, and mainte-
nance of your Roial ^utlwrity : And JJjall in all our Jk^iions approve our
felvcs your Majejiy's mofi loial Subjejis and humble Servants.
Sic Subfcribitur,
Traquair, Roxborough, Marre, Murray, Lithgow, Perth, Wig-
toun, Kinghorn, TuUibardin, Haddington, Galloway, An-
nandail, Lauderdale, Kinnoul, Dumfreis, Southesk, Angus,
Elphinfton, Napier, Dalyel, Hay, W. Elphinfton, Ja. Car-
michae!, Hamilton, Blackhall.
From Glajgovp, Novemh.i^. 1638.
Suddenly after which the Marquefs received this enfuing Letter
from the Arch-Bifliop of Canterbury, dated at Lambeth, December the
third, 1638.
My very good Lord,
I Received your LordJIyip's Letters <?/ November 27. they came fafe to
me on December 2, after eight at Night. I was glad to fee them
fl)ort 5 bttt their Jtwrtnefs is abundantly Jupplied by the length of two
Letters, one J'or the Lord Rofs, and the ether from the Dean. They have
between them made their Word good to your Lordjljip, for they hjave fent
me all the PaJJages, from the beginning of the .Affembly, to the time oj thie
date of their Letters : And this I will be bold to Jay, Never were there
more grofs Abjitrdities, nor half fo many in fo JJjort a time, committed in
Ttttt 2 any
8(53
14 Caroli'
864
HiHorical Collections,
■
^n. \6:^%.\any pthlkk^ Meeting 5 and. for a. Nutioml Ajjembly.^ never did the Church
' of Chrifi fee the /?.%.
Bcfides, his Majelffs Service in General^ that Church is much beholden
to yoH, and Jo are the Bifiops in their Perjbns and Callings ^ and heartily
ferry I ani^ that the People are fo beyond your exprejfwn furiouf^ that you
'think_ it fit to fend the two Bifiops from Glaigow to Hamilton ; and
much more, that you fiould doubt your own fifty. <^y Lord, God blefs
your Grace with Life and Health to fee this Bufinefs at a good end •-, for
certainly, as 1 fee the face of things now, there will very much depend up-
, on it, and more than I think^ fit to exprefs in Letters ■■, nay, perhaps^ more
than I can well exp-efs if I would.
I am as firry oi your Grace can be, that the King's Preparations can
mal^e no more hafi 5 / hope you thinks (for trttth it is) I have called upon
his Majeiiy, and, by his command, upon fome others,to hafien all that may
be, and more than this I cannot do ; but I am glad to read in your Let-
ters, that you have written at length to his MaJeBy, that you may receive
from himfilf a punUual Anfwcr to all necejfary Particulars 5 and I pre-
fently going to him to write largely to you, that you may not be in the
dark^for any thing.
But, my Lord, to meet with it again in your Letters, that you cannot
tell whether this may be your lafi Letter, and that therefore you have dif-
clofed the very thoughts of your heart, doth mightily trouble me. But I
trufl in God he will prefcrve you, and by your great Patience, Wifdom,
and Induflry, fit his MaJeiJy's Affairs (to your great honour) in a right
pofture once again 5 which if I might live to fee, I would be glad to (ing
my Nnnc dimittis,
/ pray (my Lord) accept my thanks for the poor Clergie there, and
particularly for the Bifiop of Ro(s, who protefls himfelf mofi infinitely
obliged to you.
1 heartily pray your Lordfiip to thanks both the Bifiop of Rofs and the
Dean for their kind Letters, and the full account they have given me 5
but there is no particular that requires an aufwer in either of them, fiving
that I find in the Dean's Letter, that Mr. Alex. Henderfon, toho went
1 all this while fir a quiet and well-Jpirited Man, hath fiewed himfelf a
« mofi violent and pajjionate Man, and a <3^oderator without Moderation.
Truly (my Lord) never did I fee any <^an of that humour yet, but he
was deep dyed in fome Violence or other i, and it woidd have bin a wonder
to me if Henderfon had held jree. Good, my Lord, fince you are good
in the A3ive part, in the commixture of Wifdom and Patience, hold it cut
till the People may fee the violence and injufiice of them that would he their
Leaders, and fuffer uot a Rupture till there be no Remedj. God blefs yon
in all your ways, which is the daily Prayer of
Lambeth, Dec. 3.
1638.
■n.
Tour Lordfl};ps moji faithfitl Friend,
and humble Servant,
W. CANT.
He alfo received another Letter from the Arch-Biftiop, dated the
jth of December, to the effeft following.
My
HiJloYicitl QoUections.
865
My very good Lord,
THis day I have received your other Letter^ with three Papers, viz.
That which fiervs you have kgeped within your InjirH&ions, the Copy
of the Proclamation which dijjolves the ^Jjembly^and a. Copy of the Coun-
cils Letter to the King 3 both which his t^ajejiy takes to he very good
Service done for him, and commands me to give your Grace thanl^s in his
Name, which I am Tjery glad to do, and I do it heartily.
I have done, and do daily call upon his <^ajeTiy for his Preparations 3
he protejis he makes all the haji he can, and I believe him 3 but the jca-
loujies of giving the Covenanters umbrage too foon, have made Preparations
here fo late.
After the King's Commiffioner s departure from Glajgorv, they ftill
continued the Affembly, notwithftanding the King's Diffolution of it
by Proclamation under pain of Treajon ; and then immediately the
Earl of Argile began to declare himfelf openly the Head of ir, and
adjoined himfclf prefently to them, and (at continually with them in
the Affembly, although he were no Member of it, but (at only as
their chief Direftor and Countenancer.
In a (hort (pace of time they declared fix General Affemblies to be
null and void ; they condemned all the Arminian Tenents, without
de(ining what tho(e Tenents were : They deprived the Arch-Bi(hop
of St. Andrews^ theBifhop of Galloway and Brechin 5 They declared
Epi(copal Government to be inconfiftent with the Law and Church of
the Kingdom of Scotland, and (b abolifhed it for ever, though it did
then, and (till ftands (as the King (aith in his Declaration) confirmed
by many Afts both of Parliaments and Affemblies.
Here fblloweth one of the Sentences given in againft Mr. John Gu-
thrie, pretended Bifhop of Murray 3 Mr. John Graham^ pretended Bi-
(hop of Orkney 3 Mr. James Fairly, pretended Bifliop of Lifmoir 5
Mr. Neil Campbell, pretended Bifhop of the Jfles, viz.
THe General Affembly having heard the Libels and Complaints
given in againft the forefaid pretended Bilhops, to the Prefby-
tery of^ Edinburgh, and fundry Prefbyteries within their Diocefb, and
by the (aid Prefbyteries referred to this Affembly to be tried 5 The
faid pretended Bifhops being lawfully cited, oftentimes called, and
not compearing, proceeded to the cognition of the Complaints and
Libels againft them ^ and finding them guilty of the breach of the
Cautions agreed upon in the Aflembly at f^ontroje. Anno 1600, for
reftrifting of the Minifter- Voter in Parliament, from incroaching
upon the Liberties and Jurifdidions of this Kirk, which was fet
down with certification of Depofition, Infamy, and Excommunica-
tion 5 and efpecially for receiving Confecration to the Office of Epif-
copacy, condemned by the Confeffion of Faith, and Afts of this
Kirk, as having no Warrant nor Fundament in the Word of God 5
but by virtue of this ufurped Power, and Power of the High-Com-
miffion, preffing the Kirk with Novations in the Worfliip of God ,
and for their refufal to underly the trial of the reigning flander of
fundry other grofs Tranfgreffions and Offences laid to their Charge :
' Therefore
1 4 Caro'i.
The Airenibly
Continue (it-
ting at C/rf/i
S-'titence pro
nounceii a-
^.unll dii'Cts
Bilhops.
866
HiHoucal Collection
Jn. 16^8.
The Aich-
Bifhops and
_ BilhopsProic-
• Therefore the Aflembly moved with Zeal to the Glory of God, and
' purging of this Kirk, ordains the faid pretended ^iliops to be de-
' pofcd/and by the(e Prefents doth depofe them, not only of the Of-
' (ice of Commiliionary to Vote in Parliament, Council, or Conven-
' tion in Name of the Kirk, but alio of all Functions, whether of
'Pretended, Epifcopal, or Minifterial Calling 5 and likewifc in cafe
' they acknowledg not this Adembly, reverence not the Conftitution
' thereof, and obey not the6Wewc, and make not their Repentance
' conform to the Order prefcribed by this Aflembly, ordains them to
' be Excommunicated, and declared to be of thcfe whom Chrift com-
' mandcth to be holden by all and every one of the Faithful, as Eth-
' nkk^ and Pttbltcans, and the Sentence of Excommunication to be
' pronounced upon their refufal, in the Kirks appointed by any of
' thefe who are particularly named to have the charge of trying their
' Repentance or Impenitency --y and that the execution of this SenteKce
' be intimate in all the Kirks within this Realm, by the Paftors of
' every particular Congregation, as they will be anfvverable to their
' Prelbyteries or Synods, or the next General Aflembly, in cafe of
' negligence of the Prefbyteries and Synods.
T/;c Declinator ^«^ Proteftation of the Arch-'B'ifhops and ^i-
^ijhojjs of the Church of Scotland, and other their Adhe-
rents within that K^ngdoyUy again(l the pretended General
AffemUy holden at Cilafgow, Noyemh. 21. 1638.
' T T TE Arch-Bifhops, Bifhops, and other under-fubfcribers for our
' VV felves, and in the name and behalf of the Church of Scot-
' laf;d. Whereas it hath pleafed the King's Majefty to indift a General
' Aflembly of the Church to be kept at Glafgoro the 2if/j of Novem-
' kr 1638, for fetling and compoflng the Diftradtions of the fame 5
' firft, do acknowledg and profcG, That a General Aflembly, lawfully
' called, and orderly convened, is a moft neceflary and effeftual mean
' for removing thefe Evils,wherewiththe {aid Church is infefled,andfor
' fetling that Order which becometh the Houfe of God, and that we
' with nothing more than a meeting of a peaceable and orderly Af-
' fembly to that effeft. Secondly, We acknowledg and profefs, asbe-
' Cometh good Chriftians and faithful Subjefts, that his Majefty hath
' Authority, by his Prerogative Roial, to call Aflemblies, as is ac-
' knowledged by the Aflembly at Glajgojv 161 o,and Parliament 1 6 1 2 ;
*■ and that it is not lawful to convene without his Majefty 's confent
' and approbation, except we will put our felves in danger to be cal-
' led in queftion for Sedition.
' Yet neverthelefs. In fundry refpefts we cannot but efteem this
' Meeting at GUjgchpp moft unlawful and dife)jrderly, and their Pro-
' ceedings void aud null in Law, for thefe CSufes and Reafons fol-
•• lowing.
' Firft, Before his Majefty 's Roial Warrant to my Lord Commifiio-
"■ ner's Grace, to induft a lawful free General Aflembly, the ufurped
' Authority of the Tables (as they call it) by their Miflives and In-
' ftruttions, did give order and direction for all Preft^yteries to eleft
' and chufe their Commiflioners for the AflTembly, and for feeking
* God's
Hijlorical (Collections,
867
' God's Bleffing to it, to keep a Iblemn Fad, Sept. 16. whereas his
' Majefty's Warrant for indidting that Alfembly was not publifhcd till
' the 2 2 of that Month ■■, Co that they preventing, and not proccedinp
' by Warrant of Royal Authority, the pretended Commiflioners be-
' ing chofen before the Pretbyteries were authorized to make l.Icdion,
' cannot be reputed Members of a Lawful Aliembly,mull not only be
' indicted by lawful Authority, (as wc acknowledg this to be) but
' alfb conftituted of fuch Members as are requiiite to make up liich a
' Body 5 for if according to the Indiiflion, none at all do Convene,
' or where the Clergy is called, there meet none but Laicks, or more
' Laicks than of the Clergy, with equal Power to judg and dcter-
' mine 5 or of fuch of the Laicks and Clergy as are not lawfully Au-
* thorized, or are not capable of that Emploiment by their Places i or
' fuch as are legally difabled to fit and decide in an Allembly of the
' Church, a Meeting confifting of fuch Members, cannot be thought
' a Free and Lawful Allembly by that Aft of Parliament, Ju.6. Par.^.
'■cap. ^6. 1572. Every Minifter who (hall pretend to be a Miniftcr
' of God's Word and Sacraments, is bound to give his aflent and fub-
' icription to the Articles of Religion, contained in the Ads of our
' Soveraign Lord's Parliament, and in the prefence of the Arch-
' Biftiop, Superintendent or Commitlioner of the Province, give his
' Oath for acknowledging and recognofcing of our Soveraign Lord
' and his Authority, and bring a Teftimonial in Writing thereupon ^
'and openly upon Come Sunday., in time of Sermon, orpublick Pray-
' crs, in the Kirk where he ought to attend, read both the Teftimo-
' nial and Conftllion, and of new make the faid Oath, within a month
' after his Admiffion ^ under the pain. That every one that fliall not
' do as is above appointed, (hall, ipfi fu&o^ be deprived, and all his
' Ecclefiaftical Promotions and Livings be then vacant, as if he Were
' then naturally dead : And that all inferior Perlbns, under Prelats,be
' called before the Arch-Bi(hops, Bifhops, Superintendents,and Com-
' miffioners of the Diocefs or Province within which they dwell, as
' the Ad bears.
2. ' All of the Clergy convened to this AlTembly, pretend them-
' (elves to be Minifters of God's Word and Sacraments •-, and having
' Benelices, or other Ecclefialtical Livings, yet nevertheleis moft of
' them have never in the prelence of the Arch-Bifhop, BiPnop, Super-
' intcndcnt, or Commiffioner of the Dioce(s or Province, fubfcribed
' the Articles of Religion contained in the Afts of Parliament, and
' given their Oath for acknowledging and recognolcing our Soveraign
' Lord and his Authority, and brought a Teltimonial thereof, and
' therefore they are, ipfo faUo., deprived, and their Places void, as if
' they were naturally dead 5 and conlequently having no Place in the
' Church, nor Fundlion in the Church, cannot be CommilTioners to
' this A(rembly : Hoc muxime attento., that the faid Perlbns not only
' have never given their Oath for acknowledging his Majefty's Autho-
' rity, nor can (liew any Teftimonial thereupon, as they are bound by
'the (aid Aft •, butalfo as Subjedts having bin comprehended in the Re-
' prelentative Body of this Kingdom, promiled to acknowledg, obey,
' maintain, defend, and advance the Life, Honour, Safety, Dignity,
' Soveraign Authority, and Prerogative Roial of his Soveraign Ma-
')efty, his Heirs and Succeflbrs, and priviledges of his Highnels's
* Crown, with their Lives, Lands, and Goods, to the uttermoft of
' their
Caroli 14;
868
HiHorical Collections,
^n.\6^^. 'their Power, conftantly and faithfully to withftand all and whatfo-
L^?'^/**^^ ' ever Perfons, Powers, and Eftates, who (hall prefume, preafe, or
' intend any-wife to impugn, prejudg, hurt, or impair the fame, and
' never to come in the contrary thereof, direftly or indiredly for the
' time coming, as the Afts of Parliament, Jac. 6. Pari. i8. Cap.i. Car.
' Purl. cap. I. do report.
' And moreover, being obliged at their admiffion, to give their
' Oath for performance of this Duty of their Allegiance, and to tefti-
' fy and declare on their Confciencc, That the Ring is the lawful Su-
' pream Governour, as well in Matters Ecclefiaftical and Spiritual, as
' Temporal, and to aifift all Jurifdiftion, and defend Authority be-
•• longing to his Majefty, by Ad of Parliament 1612. Yet notwith-
' ftanding of the faid Bands, Afts, and Promifes, whereby the ftid
'■ Perfons are (b ftridly bound to the performance of the Promi(es,
' his Majefty having ordained by Adt of Council, at Halljy-Rood-Houfe,
'^Septefub.2^. 1638. and Proclamation following thereupon, That all
' his t^Iajefiys Lieges., of rvhatfiever Ejiate, Degree, or Quality, whe-
' ther Ecclefiajiical or Temporal, jhould fveear and fitbfcribe the faid Con-
'■fejfwn, together wth the General Band, for defending his f^ajellys
' Perfon and Author it), againji all Enemies vpithin tfm Realm and jvith-
' otit, have not only refufed to fubfcribe the fame Band and Confcffion,
' but have in their Sermons, and other Speeches, dilTwaded, deterred,
•■ impeded, and hindred others of Lieges to fobforibe the (ame, pub-
' lickly protefted againft the fubfoription thereof, and thereupon can-
' not concur or convene lawfully to the making up of the Body of
' the Affembly of the Kirk, as being deprived and denuded of all
' Place and Funftion in the fame.
3. ' A General Aflembly was condefoended unto, out of his Ma je-
' fty's gracious Clemency, and pious Difpolition, as a Roial Favour to
' thofo that ftiould fo acknowledg the fame, and acquiefce in his gra-
' cious Pleafiire, and carry themfelves peaceably, as Loial and Dutiful
' Subjefts, which the Commiffioners direfted to this Affembly, (iip-
' poled to be of the Number that did adhere to the laft Proteftation
' made at Edinburgh, Sept. 1698. do not fo account of and accept, as
' appears by the faid Proteftation '■> whereby they proteft that it (hall
' be lawful for them, as at other times, fo at this, to affemble them-
' (elves, notwithftanding any Impediment or Prorogation to the con-
' trary 5 as alfo by continuing their Tables and Meetings, difoharged
' by Authority, refufing to fobforibe the Band, according to his Ma-
' jefty's and Council's Command, for maintaining his Majefty *s Roial
' Perfon and Authority, protefting againft the (ame, ftill infifling with
' the Lieges to fub(cribe the Band of Mutual Defence againft all Per-
' fons whatfoever, and remitting nothing of their former Proceedings,
■^ whereby his Majefty 's Wrath was provoked thereby ; they are be-
' come in the (ame ftate and condition wherein they were before his
' Majefty 's Proclamation and Pardon, and fo forfeit the favour of this
'Aflembly, and liberty to be Members thereof ; and others of his
' Majefty 's Subjeds may juftly fear to meet with them in this Conven-
' tion j for that by Aft of Parliament, James 6. Pari. 15. cap. ^1.
' Prelacies being declared to be one of the three Eftates of the King-
' dom 5 and by the Aft of Parliament, Jac. 6. Pari. 8. cap. 130. all
' Perfons are difcharged to impugn the Dignity and Authority of the
' three Eftates, or any of them in time coming, under pain of
' Treafon
Hijlorkal Collections,
S69 1
' Treafon. And whereas the King by his Proclamation, declares Arch-
' Bifhops and BiQiops to have Voices in the General ^Jjemhly^ and calls
' them to the fame for that efFeft, as conftantly they have bin in ufe
' in all Ajjcwblies where they were prefent, as appears by many Afts
' of the General Ajfenrhly^ ordaining them to keep and aflift at the
' fame, as in the ^jffemUji ax. Edinburgh^ Dcccmb. 15. 1566. dxEdin-
'■ burgh, March 6. 1 572. at Edinburgh, May 10. 1 586. and by a Let-
'ter written by the ^jjcmbl), March 6. 157?, to the Regent, ear-
' ncftly defiriiig his own, or his Commifiioners pre(ence,and"the Lords
' of the Council, and the Bidiops at the ^ffcmbly. They notwith-
' (landing, bythefaid Proteflation, dated Scptemb.27. declared the
' Arch-Bi(hops and Bidiops to have no Warrant for their Office in
' this Kirk, to be authorized with no lawful Commiffion, and to have
' 00 Place nor Voice in this ^ffembly : and withal do arrogate to their
' Meetings a Soveraign Authority, to determine of all Queftions and
' Doubts that may arife, contrary to the freedom of the ^jjembly,
' whether in Conftitution and Members, or in the Matters to be trea-
' ted, or in Manner and Order of proceeding 5 which how it doth
' ftand with his Majefty's Supremacy in all Cales, over all Perfbns, and
' in all Cauds, we leave it to that Judgment whereunto it doth belong,
' and do call God and Man to Witnefs, if thefe be fit Members of an
' ^jjembly, intended for the Order and Peace of the Church.
4. 'Giving, and not granting, That the Perfons aforefaid direded
' Commiffioners, in the Name of the Clergy, to this Meeting, were
' capable of that Authority, and that the faid Prefbyters had the Au-
' thority to dired Commiffioners to the General Ajfembly 5 yet have
' they now loft and fallen from all (uch Right, if any they had, in fb
' far as they have depofcd the Moderators, who were lawfully ap-
' pointed to govern them, by the Biftiops in their Synods, and elefted
' others in their place, contrary to the Aft of the ^JJembly at GUf-
^ gow, 1610, an Aft of Parhament 1612, ordaining Biftiops to be
' Moderators at thele Meetings , and in their ablence, the Minifter
' whom the Biftiop ftiould appoint at the Synod. So thefe Meetings
'having difelaimed the Authority of Biftiops, dcpofed their lawful
' Moderatours, and chufing others without Authority, cannot be
' efteemed Lawful Convocations, that can have lawful Power of fend-
' ing out Commiffioners with Authority to judge of the Affairs of this
' Church.
' And yet doth the nullity of the Commiffions, flowing from fuch
' Meetings, further appear in this, that they have affociate to themfelves
' a Laick Ruling- Elder (as they call him) out of every Seffion and
' Parifti i who being ordinarily the Laird of the Pariffi, or a Man of
' the greateft Authority in the Bounds, doth over-rule in the Eleftion
' of the faid Comm.iffioners, both by his Authority and their Number,
* being more than the Minifters 5 whereof fbme being ordinarily ab-
' fent, and five, or fix, or (b many of them put in Lift, and removed,
* there remain but a few Minifters to Voice to the Eleftion 3 and in
' effeft the Commiffioners for the Clergy are chofenby Lay-Men, con-
' trary to all Order, Decency, and Cuftom obferved in the Chriftian
' World, in no wife according to this cuftom of this Church which
' they pretend to follow, the Prelbyteries formerly never aflociating
* to themfelves Lay-Elders in the Eleftion of the Commiffioners to
^ the General Ajjemhlki, but only for their affiftance in Difeipline,
Vvvvv 'and
li^Caro/i.
870 1
Hiforical Collections,
^n. 1638.
L
' and correftion of Manners, calling for them at fuch times and occa-
' fions as they ftood in need of their > godly concurrence, declaring
' otherwife their Meeting not necefl'ary ; and providing exprefly that
' they Ihould not be equal, but fewer in number than the Paftors, as
' by Afl: of ^Jjcmbly at St. ^ndrews^ April 24. 1 582. (where Mv.An-
' (^rerpMefci// was Moderator) doth appear; like-as thefe forty years
' by-gone and upwards, long before the re-eftablifhment of Bilhops,
' thefe Lay-Hlders have not bin called at all to Prelbyteries. And by
'the Aft of Dundee^ 1597, (whereby it is pretended that Prefbyte-
' ries have Authority to fend thefe Lay Commiffioners) it doth no
' way appear that thofe Lay-Elders had any hand in chufing of the
' Minifters; and this is the only Aft of ^jjcmhly authorifing Prelby-
' teries to chufe Commiffioners to the General ^JJemhly: Nor have
' Lay-Elders fit ordinarily in Prelbyteries, upon any occafion, this
' forty Years and upwards, nor ever had any Place or Voice in the
' Eleftion of Miniftcrs for the General Affenihly 5 and confcquently
' thofe chofen by them to this ^Affembly^ have no lawful Power nor
' Authority : Befides the Perfons Ecclefiaftical, pretended to be au-
' thorifcd Commiifioners to this ^JJemhly^ have fo behaved themfelves,
' that juftly they may be thought unworthy and uncapable of Com-
' miffion to a free and lawful Aflembly.
' Firft, That by their railing and (editions Sermons and Pamphlets,
' they have wounded the King's Honour and Soveraign Authority,
' and animated his Lieges to Rebellion, averring that all Authority
' Soveraign, is originally in the coUeftive Body derived from thence
' to the Prince ; and that not only in cafe of negligence it is fupple-
' tive in the colleftive Body, as being communicate from the Coirmo-
' nalty to the King, cumulative nor privative^ but in cafe of Male ad-
* miniftration, to return to the colleftive Body ; Co that Rex excidit
' Jure fuo, and that they may refule Obedience.
' Next, They are known to be (uch as have either bin (chifmatically
' refraftory, oppofite to good order (etled in the Church and State, or
' fuch as having promifed, fubfcribed, and fvvorn Obedience to their
' Ordinary, have never made Confcience of their Oath ; or fuch as
' have fworn, and accordingly praftitcd, yet contrary to their Pro-
' mife and Prafticc, have refifted, to the contempt of Authority, and
' difturbance of the Church ; or fuch as are under the Cenfures of
' this Church, or convened, or at leaft deferving to be convened, be-
' fore the Ordinaries, or a lawful General Ajjembly, for divers tranP
' grellions deferving deprivation.
'As firft,for uttering in their Sermons,ra{hand irreverent Speeches in
'the Pulpit againft his Majefty 's Council & their Proceedings^punifliable
' by deprivation,by the Aft of the ^Jfemblyzt Edinburgh^May 22^ 1 590.
' Next for reproving his Majefly s Laws, Statutes, and Ordinances,
' contrary to the Aft of the^jjembly at Perth^ May i. 1596.
' Thirdly, For expreffing Mens Names in Pulpits, or defcribing
' them lively to their reproach, where there was no notorious fiult,
• againft another Aft of the fame Ajfembly.
'Fourthly, For ufing Applications in their Sermons, not tending to
' the Edification of their prefent Auditory, contrary to another Aft
' of the fame jijjemhly.
' Fifthly, For keeping Conventions not allowed by his Majefty,
' without his knowledg and confent, contrary to another Aft of the
' fame Jfjembly. " ' Sixthly,
Hiftorical Collections,
87:
' Sixthly, For receiving of People of other Minifter s Flocks to the
' Communion, contrary to Order, Afts dt ^jjcmblks and Councils.
'Seventhly, For intruding themftlves into other Mens Pulpits,
' without Calling and Authority.
' Eighthly, For ufiirping the Authority to convent their Brethren,
' and proceed againft them to the Cenlures of Sufpenlion and Depri-
' vation.
' Ninthly, For preffing the People to fubfcribe a Covenant, not al-
' lovi^ed by Authority 5 and oppofing and withftanding the fubfcribing
' ofa Covenant offered by his Ma jefty, and allowed by the Council 3
' befides many perfbnal Faults and Enormities, whereof many of
' them are guilty, which in charity we forbear to exprefs ; but hereby
' it doth appear, how unfit thefe Perlbns are to be Members of a free
' and lawful yiffemhly.
7. ' Nor doth it ftand with Realbn, Scripture, or Praftice of the
' Chriftian Church, that Lay-Men (hould be authorifed to have deci-
' five Voice in a General ^Jfemhly^ in that Aft of D«»<^ee, 1597,
* whereby thefe Elders pretend to have this place ^ there is no War-
' rant expreffed for them to deliberate and determine : Their prefence
'and afiifkance we approve, being allowed and authorifed by the
' Prince, the Ring's Majefty prefent in Perfbn, or by his Delegates ,
' we hold raofl necelTary to fee all things orderly and peaceably done,
' and that he have the chief hand in all Determinations and Delibera-
' tions. Nor do we refufethat any moderate or intelligent Man may
' make remonftrance of his Opinion, with the Reafons of it, in that
' way that becometh him in a National yfJfemUy^ due reverence being
' kept, and confufion avoided 5 but that any Lay-Men, except Dele-
' gates by Soveraign Authority, fhall prefume to have a definitive and
' decifive Voice, we efteem it to be intrufion upon the Paftoral
' Charge, and without Warrant ; may we not therefore entreat my
' Lord Commiffioner his Grace, in the words of the Fathers of the
' fqurth General Council at Chalcedony Mnte firas fuperfltws .<? Nor
' will a pious Prince be offended with ir, but with Theodofius the
' Younger will fay, llkgitimum e^ enm qui non /?/, in or dine SanCiijfi-
' morum Efifcoporum Bcclejiajiicis immifceri ira^atihus.'^-^And Pulcheria
' the Emprefs commanded Stratcguj; Z)t Clerici^ Monachi & Laid vi
' refellerentur^ exceptis paucis illis qms Epifcopi fccum diixerunt. Upon
' this refped was Martinus in that Council ofChalcedon moved to fay,
' Non ejfe fimm, fed Epifcopornm tantum fiib fcribere.
8. ' If thefe pretended Commiflioners, both Lay and Ecclefiaflical,
'were lawfully authorifed, (at it is evident they are not) and for
' none other Caufe declinable, yet the Law doth admit, that a Judg
' may jufllybe declined who is probably fufpefted 5 and of all Probabi-
' lities this is the moft pregnant, when the Judg, before he come to
' Judgment, doth give Sentence of thefe things he hath to Judg,
' This made our Reformers Proteflation againft the Council of Tre^t
' valid, and their not compearing juftifiable 5 becaufe Pope Leo the
'10^^ had pre-condemned Luther^ as appeared by his Bull dated
'■Junii 8. 1520. renewed by Paul the third, dated in Auguji 1555.
* This was the caufe why Athanafius would not give his appearance at
' fome Councils, nor Hojius of Corduba, nor MaximHs Patriarch of
' Conjlantinople , But fb it is, the mofl part, if not all of the faid Com-
' miflioners directed to this Meeting, have pre-condenjned Epifeopal
Vvvvv 2 'Govern-
14 Carol:.
872
HiHorical Collections.
At7. 1698.
' Government, and condemned, at leaft fufpendcd, obedience to the
' Afts of the General ^jjemhly and P^r/z^/wew/, concerning the five Af-
' tides of Vcnh^ have approved their Covenant as moft neceflary to
' be embraced of all in this Kingdom \ and have not only given judg-
' ment of thefe things before-hand, but by moft folemn Oaths have
' bound theralelves to defend, and ftand to the iame, as doth appear
' by their Covenant, Petitions, Proteftations, Pamphlets, Libels,
' and Sermons,and therefore by no Law nor Equity can the(e pretended
' Commiffioners be admitted to determin in this Meeting concerning
' thefe Perfons and Points, which before-hand they have lb unjuftly
' condemned.
' Furthermore, with no Law nor Reafon can it fubfift, that the
' fame Perfons fhall be both Judges and Parties. And we appeal to the
' Confciences of all honeft Men, if all, at leaft the greateft part of the
' pretended Commiffioners, have not declared themfelves Party to
' the Arch-Biftiops and Biftiops of this Church 5 for in that they have
^ declined the Biftiops to be their Judges, as being their Party, ( as
' their Declinators, Petitions, Declarations, and Proteftations do
' bear ) have they not, jimitl & jenKl^ & ipfo fa&o^ declared them-
' (elves to be Party againft the Bifhops i whom they have not only dc-
' clined, but perfecuted by their Calumnies and Reproaches, vented
' by Word and Wit, in publick and in private, by invading their
' Perfons, oppofing and opprefling them by ftrength of an unlawful
' Combination 5 for the fublcribing and fwearing whereof^ they have
' by their own Authority, indicted and kept Fafts, not only in their
' own Churches, but where worthy Men refofod to be acceffary to
'theft diforderly and impious Cour(es: They have (by aid of the
' unruly Multitude) entred their Churches, ufurped upon their Char-
' ges, reading, and caufing to be read that unlawful Covenant, by
' threatning,and menacing, compelling forae (otherwifo unwilling) out
*■ of juft fear, to (et their hands to it, by proceffing, fufpending, and
' removing obedient and worthy Minifters from their Places, by the
' ufurped Authority of their Table and Preft?yteries.
^n Index of the Trtncipal Acls of the AffemUy
at Glafgow, 1638.
SUndry Proteftations betwixt the Commiffioner his Grace, and the
Members of the AlTembly.
Mr. Archibald Johtijions admiffion to be Clerk, and his Produftion
of the Regifters of the Church, which were preferved by God's
wonderful Providence.
An Aft difallowing any private Conference, and conftant Affejjors
to the Moderator.
An Aft ratifying the Aitthentkhpe^ of the Regifiers^ with the Rea-
fons thereof.
An Aft regiftrating his M'tjeiiys Will, given in by his Commif-
fioner.
An Aft bearing the ^ffimhlies Proiejiation againft the Diffolution
thereof
An Aft depofiKg Mr. David Miuhel, Minifter at Edinburgh.
An Aft depofiKg Mr. Alexander Gloadjioun Minifter at St. Andrews.
An
Wftorkdl Collections,
873
An Aft atimdliug the (ix late Ajjcmhiics holdcn at Linlithgow^ I($o6,
and 1608. at Glajgorv 1610. at Aberdecfi \6\6. at St. Andrews 16 1 7.
atPm/ji6i8; with the Reafons of the Nulhty of every one of
them.
An Aft declaring the Nullity of the Oath, cxafted by Prclats from
Intrants, id eji, fuch as are inftituted to Benefices.
An Aft dcpofwg Mr. John Crcichton Minifter at Puijlaj.
A n Aft condemning the Service-Bool^.
An Aft condemning the Book^ of Canons.
An Aft condemning the Bool{s of Ordination.
An Aft condemning the High-Comntijfion.
The Sentence of Depojition and Excommunication of the (bmetime
pretended Bi(hops of St. Andrews, Glafgovp, Rcfi:, Gallowaj, Brichen,
Edinbitrgh, Dumblatte, Aberdeen.
The Sentence of depojition againfl the (bmetime pretended Bifhops
of Murray., IJles., Argile, Orkpay, Cuthnefs, and DitnkcU.
The large Aft clearing the Meaning of the Conf-Jfion of Faitl.\madc
Anno i^Bo. as abjuring and removing Epifcopacy.
An' Aft declaring the Five Articles to have bin abjured, and to be
removed.
Sentence o£ depofjion againft Mr. Thotnas Forrcfler.
Sentence of depofition againft Mr. William Ahannan.
Sentence of depofition againft Mr. Robert Hamiltmtn Minifter at
Glasford.
Sentence of depofition againft Mr. Thomoi Macl^ney.
Aft anent the Prefbyteries of Auchterardours prefent Seat at Aberuf-
kene for the time.
^c? feftoring Prefbyteries, Provincial and General Aflemblics to
their Conftitution of Minifters and Elders, and their Power and Ju-
rifdiftion contained in the Book of T^olicy.
^£f erefting Prefbyteries in Argile.
.AH referring to the Prefbyteries the confideration of their^ Meet-
ings. ^
^cl concerning the Viftation of particular Kirks, Schools, and
Colleges.
^& againft Non-Re fidenis.
^a concerning planting Schools in the Country.
^43: concerning the Power of Prefbyters, admiffion of Minifters,
and chufing of their Moderators.
Reference to the Prefbyteries anent the competency of Paridiioners
and Prefbyteries.
.AU concerning the entry and converfation of Minifters, ratification
of the A7 1598.
.AH of Reference to Prefbyteries, concerning the defraying of the
Expences of the Commiilioners.
^(i of Reference concerning the reprefling of Popery and Super-
ftition.
.Act of Reference to the Prefbyteries, concerning the more frequent
celebration of the hordes Supper.
^£i of Reference concerning Markets on Mund/y within Bur-
roughs.
Act againft the Prophanation of the Sabbath, for want of Afternoons
Exercile.
14 Laroli-
874
Historical CoUectiom.
1
Am. 163P.
^Cf againft the frequenting the company of Excommwkated Per-
fo«s.
u^^ fetting down the Roll of Provincial Affemblies, and feme Or-
ders thereanent.
^& of Reference againft Milnes and SuH-fans,
^It anent the Order of Receiving the Repentance of any Vent-
tent Prelates.
.AU anent the Excommunication of the Minifters depofed who do
not obey their Sentence.
A3: againft thofe who fpeak or write againft the Covenant^ this Af-
fembiy, and Conftitutions thereof
^cl of Reference anent the Voicing in the Kirk. Seffions,
All condemning Chapters, Arch-Deans, Preaching Deacons, and
fuch like Popifti Trafli.
^Ali againft the obtruding of T^ajiors upon People.
^& againft Marriage without Proclamation of Banes.
^5f againft Fmieral Sermons.
.Ad anent the Trial of Expeftants , [that is fuch as are not poflef-
(ed of any Benefice.^]
^B anent the admiflion of Mr. Archibald Johnjion to be Advocate,
and Nh-. Rob. DalgleiJIj to be Agent for the Kirk.
^(2 anent the Tranfplantation of Mr. Alexander Henderfon from
Lcuchars to Edinhtirgh.
^ci of Reference to the Prelbyteries and Provincial Affemblies, to
take order with Salmon- Fifiing.
.AH of tranfporting Mr. Andrevp Cart from Pitjligo to Netcbotle.
.AH condemning all Civil Offices in the Perfons of Minifters fepa-
rate to the Gofpel, as to be Juftice of Peace, fit in Seflion or Council
to Vote or Ride in Parhament.
^£t concerning a Commijjion for Complaints about Edinhurgb.
Another Commijjion to fit at Jedburgh.
Another Commijjion to fit at Ervpin.
Another Cemmijfion to fit at Dundee.
Another Commijjjon to fit at the Chanceries and ForeJIs,
Another Commijjion to fit at Kiraibright.
A Commijjion for vifitation of the College of Aberdeen.
A Commijjion for vifitation of the College of Glafgoto.
.Ah againft Salmon-jijlmig, and going of Milnes on the Sabbath-
day.
^//^ appointing the Commiflioners to attend the Parliament, and
Articles which they are to reprefent in the Name of the Kirk to the
Eftates.
^£1 ordaining the Commiflioners from Preft)yteries and Burroughs,
prefently to get under the Clerk's hand, an Index of the Afts, and
hereafter a full Extraft of them, which they are bound to take back
from the Affembly to the Preft)yteries and Burroughs.
.AH ordaining the Preft)yters to intimate in their feveral Pulpits,
the ^Ajfemblics Explanation of the Confejjion of Faith, the Aft againft
Epifcopacy, the Aft againft the Five Articles, the Aft againft the
Service-Book, Book of Canons, Book of Ordination, theHigh-Com-
mifl^on, the Afts of Excommunication and Depofition againft fome
Prelates ; an Aft of Depofitien only againft Ibme others of them.
An
Hijiorical QoUectms,
An ^cf difcharging Trinters to print any thing, either anent the
Afts of the Proceeds of this Ajjembly^ or any Treati(e which concerns
the Kirk, without a Warrant under Mr. Archibald Jof.wJlons hand, as
Clerk of the Ajjembly^ and Protedtor of the Kirk, and that under the
pain of all Ecclefiaftical Cenfure to be intimated with other Afts.
Act ordaining the Covenant fubfcribed in February, now to be fub-
fcribed with the Ajfemblics Declaration.
J(5? difcharging all SublcriptiontotheC^J^'W^w/, fubfcribed by his
Majefty's Commillioncr, and the Lords of Council.
AB ordaining all Prefbyteries to keep a fblemn Thanksgiving in all
Parifhes, for God's Blefling and good Succefs on this Affin/bly, upon
the firfl convenient Sabbath.
ASf againft thofe who are malicious againft this Church ; Decliners
or Difbbeyers of the Ads of this AJfembly.
A& warranting the Moderator and Clerk to give out Summons up-
on Relievant Complaints, againft Parties to compere before the next
Ajjembly.
Aci renewing the Privileges of yearly General Ajfcmblies, and oftner
(pro re nata) and appointing the third Wednefday in July next in Edin-
burgh for the next General ^Jfembly.
AB that none be chofen Ruling-Elders to fit in Prefbyteries Provin-
cial, or General Ajfcniblies, but thofe who fubfcribe the Covenant, as
it is now declared , and acknowledges the Conftitution of this Af-
fenibly.
A& to tranlport Mr. Robert Blur, from Airto St. Andrews.
A& for reprefenting to the 'Varliament, the neceflity of the fland-
ing of the Prolocutor's Place for the K.jrk.
There are many lefs Principal Afts omitted, £o the Index is not ful-
ly perfect.
A. Johnjlpn.
QHA%^LES by the Grace of God, King of Scotlmd,
England J France^ and Irelandj Defender ot the Faith. To
all Our Lovits, Heraulds, Purfevants, Our Sheriffs in
that part conjundly and feverally fpecially conftitute,
Greeting.
Wlpmm fo? tijc tcmoi3iit0; of tU Difo^ncr^ Wd) Ijati Sap=
pcncn of late tuitljiii tlji^ out i^ittcnom, ann fo? fetlino; of
a perfect l^cacc in tfje Cljurclj ano Conintcn cycaltfj tljerc-
of f Wit tuerc pleafco to caufc indict a General artemblp to be fjolDtn
at Glafgow, tljC one and twentieth Of November latt : 3nll fO| OUr
g)iili|ect0 tljctc better content aiin atTiicaHce tfjat tfjep fljotiio be fceco
of all fucf) tbinff0, a0 bp tbeir l^etition^ ano S)uppIicationiGi ffiuen
in to t!je lo^tis ot our 13?iDp Council, t6ep feenten to be grieiJCD at,
mz in fome fo?t p?e^enen tlje aoeniblp, bp uifcfjarjjino:, bp our lS)?o=
Clamation, tbe Service-Book, Book of Canons, anU High-Commiflion^
freen anti liberate our ©ubfectg ftom tlje p^acttfing of tlje Five Arti-
cles ; rrtmeo all a9ini{tcrsi at tijeir entrp, from gibino; anp otljer
©ati) tijan t&at tufiicft iss container! in tl)e 2lct of J^arliament, mane
an
.1 875
1 4 Curoli.
876
Hisiorkal Collections.
i////. 1658.
an pcrfoiis, botO €cc!«fmflical ants (Hm, uab!e to tije Cenfure of
l^atfiamcnt, *£nietal afleniblp, 0? an? otijcr Juuicatoip competent,
acco^omn; to tlje nature of tijeit ©ffencr, ijati tieclareo^all bpgone
Difofocrs? abfoUttclp to?D:otten ant fo?Q;i\)cn at lafi, fo? fccuriitB: to all
l^oftccitp tl)c Ciutij autilLlbettp of Lxeligion, tun couunanD tlje Con-
feffion of Faith, anti Band fo? maintenance tbereof, ano of aut|)o?(=
tp inticfince of tljcfame, fubfcriben bp out Heat jfatljec ano Ijijs
jt^oiifijoio, in Anno 1580, to be renetoD ano fiibfcribcD again bp
cur Subjectjj berc. 9nti albeit tljat tDi0 our gracious ano piou0
Connnann, inltean of £)beOience ami ©ubmiffion, rancountren open
auu publicU Oppofition anti pjoteffation ajrainfl tbc fame : ^nn tfjat
tJjcp continueo tljeir nailp ann bourfp ffuarDine: ano iuatcbinn; our
Cafllc at Edinburgh, fuffcruio: notbino; to be impa^teo tbtrcin but at
tfjeir Oifcretton, ftoppino; ano impeoing anp impo?tation of amnni^
nition, 02 otljer Becelfaries tobatfoeber to anp of our J^oufe^ tcitbin
tbi^ lAinffOcnn ^ Denpino; to ^0, tbcir <doi)eraiffn lo^J, tbat libertp
ann ifreenom UJbicb tbe mcanca of tljem aflUnie to tbemfeibes (an
act uittbout p?efment 0? €,rample in tfjc CbJiffian £2.lo?lo) like aies
tbep fparcB not bolWp ano cpcnip to continue tbeir Conbention0 ano
Ccuncil-Cables, of Bobilitp, (©cntrp, C^inifferis ano oeursefle^
toitbin tbe Citp of Edinburgh ; uibcte not rcffaroins; tbelatnis of tbc
l^ingtom, toitbout Hiarrant of 2utbo?itp, tbep ccnbeneo, aflembleo,
ano treateo upon i^atter05a3 tueJI Ccclefianical ajs Cibil - fent tbeir
Jniunctions auB iDirectiong tb?ougbout tbe Countrp to tbefr %i\\MM^
Binatc Cable0,ano otber Gittier=Q9iniffer0 appoi'nteo bp tbem fo? tbat
effect* ano unbcr colour ano p?ete,rt of Reliffion, ej;ercifinn; an un-
Uiarranteo Libertp, requireti ©beoienceto tbeir unlatufiil ano ilieija!
Directions, to tbe feen p^eiuoice of ^lutbo^itp, anu laUiftil i^onar=
cbial (Soberinncnt. ann nottottbltanbinfl: it teas ebibentip manifeff,
\x^ tbe illegal aiio unfo?mal courfc tafent in tbe (Election of tbe Com=
nnffionerg fo? tbe aiTemfalp, bJbereof fomc of tbem toere lutoer tbe
Ceniure of tbisi Cburcb, fome unber tbe Ccnfure of tbe Cburcb of
Ireland ^ fcuie Iouq: fijice baiuibeti fo? open ann aboioeb teacbing
liffainft a^onarcbp? otijerg of tbem fufpenben^ ano fbme abmitteo
iQ tbe ^inifirp contrarp to tbe Um pjcfcribeo ^ tbe latois of tbis
Eingnom, otljersi of tbem Eebe(0, ano at tbe lpo?n , fome of tbem
confincb, ano all of tbem bp ©atb ann S)ubfcription bounn to tbe
obcrtb?ott) of Cpifcopal €obernment. Snts bp tW aim otber tbeir
iuitier4jann Uio^lting, ann pnbate Jnfo?mattongi ann perfmafionis,
babe giben niil grounn of fufpition of tbeir partialitp, ann fo mane
tbemlelbe0 unfit Jiingcs of tobat concernetb Cpifcopacp* ann alfo
albeit it Uia0 fufficientlp clearen bp tbe peremptojp ann illegal p?ocE=
OHre0 of tbe P2c0bpteric0, tubo at tbeir ouiu bann, \(^ o^ner of lato,
ann iBitbcut nue fajm of l^?ocef0, tbnift out seoneratojs laMillp
eiTablilben, anb placen otbers, uibom tbep founn moft inclinable to
tbeir turbulent rpumours, aflbciate to tbemfclbeis, fo? cbufing of t^
Comniiuioner0 to tbe aflemblp, a llaickeiner out of eacb l^ariflj 5
b)bo being in moft places equal, if not mo?e in number tban tbe ^i-
niftrp, mane cboice botb of tbe spiniiters, uibo (bo«in be CommiO
ft: nets from tbe l^jesbpteries, m alfo of a luiicU Cloer, (tubicb \n
time tutli p?obe to be of a nangerous confequence, ann import a bca-
bp burnen to tbe libertp of tbe Cburcb ann Cburcb mni) being
mo?e tbereitt nirecten bp tbe Qiiarrants of tbe fa?cfain p^etenneo
Cables,
Hijlorkal Collections,
877
Cal)fe0, tljantJ}) tljeir otoit 3:tmffitietit0 5 a^ nppcarcu by ttc (cmral
3inltrii(tion0 fcut from tijem, ((at contrarp to tljclLaui? of tfjio
Country, aiiDfotDabicaiffomof tDi0Cturc(j) fomc iDJjcrcof lucre
p?otiiiccr! aiiD crOifaiteD bp out Comniiffioncr, nim publicUlp rcaD :
one mijcreof, Xiitm to tijc l^oblcmcit aua 'Baronjs of cacfj ii)rc0lij)
tcrp, tJotD, amono: manj) otljcc odd 15aiTiiffe0, require Diligence, leff
(fap tfjep) I)P our oUMtfillinef^ anD treacljerp, m lofe fo fair anoc
cation cf our liberty), botb Cfjnftiau ano Ciuil •■, a flranijc pfjiafe to
p?oceeD from Dutifttl 01 loial IjearteD ©nbject^. Ciic otljcr to tije £^o-
Derato? of t&c feiieral li)?e9bpterico, unocr tije Citle of Private in-
ftruftions, auguftaj.
jTirft containetlj, Cfjattljefe p^iljatc 3lnnructiongi fljan be DifcoticreD
to noite, but to 'Bjctlj^en ujcH affecteD to ttje Caul^.
€)econDI)P, C>?Der nnift be tafeen, Cljat none be cfjofen Eulinfj^
€lDer0 but Coijcuantetsi, anD tf)ofe UjeIl--affetfeD to tfje 'Buanefg.
CDirDIp, Cfjat toljere tl)C ^iniftcr fss not toell-affeaeD, tlje Eulinu^
(iSDer be cDofen bp tlje CommiffioneriS of tfjc S)i3ire, ano fpoken to
particularip fo? tl)at effect.
JFourtDIp, C()at tljep be cateful tljat no Cljappet-men, CIjaptet=
men, 0? s^iniffer Juftice of l^eace, be cfjofen, aitJjouffl) Co^jcnan^
ters, erccpt t&ep Ijaije pubUcUlp renoiiiiceD 0? Jcdaren tlje luiiaiuful-
nef0 of tfjeir placeis.
JfiftljJp, Cfjat tbe Uu!ing=(£iDer0 come from euerp Cl)urcfj in
eciual number uiitlj tlje ^mifler^ ^ anD if tfje a^iniffer oppo^, to put
tljemfc!ue0 in poffcffion, uotuiitftftanDinD: of anj> oppofitioiu
^ijrtljlp, C!)at t^e Commiffioner of ti)e %Wt caufe coniieiu: be-
fore &im t!jc RuIuiq; (£Hier0 of e\3erp Eirk cf)Ofen before t!je Dap of tfje
election, anD cnjoni tdem upon tljeir £)atlj, C&at tbep gibe bote to
none hut to tljofe tuljo are naitteD alreaDp at tljc Sheeting at Edin-
burgh.
^eiient^Ip, Cljat toljere tSere 10 a Bobleman in tt)t bounD0 of t&e
P^esbpterp, U be r l)ofen •■> anD UJljere tfjere i0 none, tljere be cftofen
a oaaron, 0? one of tlje beft Ciualitt), anD &c oulp a Covenanter*
<£io:lJti)lp, f:ijat tfie ablell ^an ineuerp I3?esbpterp be p?obiDeD
to DifputC de poteftate fupremi Magiftratus in Ecclefiaiticis, prxiertim
in convocandis Conciliis, 8cc.
CUftercbp it is moft eUiDent toljat lH)?elimitation0, mUvm anD par-
tial Courfes, anD Dangerous p^opofitions Ijnue bin uftD in tlje 19?^
paraticns auD elections to tljis pictrnDeD atfemblp. TBp lofjicfj un^
latDfut Doing6,altljouglj Kle IjaD fufficicnt Eeafon to l)abe DifcljargeD
tlje meeting of tljefaiDaiCmiblp, pet2Uc tucreplcafea patientlp to
atteuD tlje fame, Itillljoping, tljatiuibcit tljep toere met togetfjer, fap
tlje pjefcnce of our Commiffioner, anD affiflance of fomcuicll affecteo
€)ub(ects uiljo mere to te tl)ere, anD bp t^ir oton feeing tljc real per
fo^mance of tobat teas p?omifeD bp our lp)?oclamation, tljep tboulD
Ijabe bin iiiDuceD to return to tlje Due (DbeDience cf a)Ub|e£ts i Idm
iMljen mc perceiucD tljat t&eir turbulent Difpofitions DiD uicreafe, as
toasmamfcffbpt&eir repairing to tlje faiD p?etenDeD Sllfemblp, uiitb
great Croops anD T5anDS of ^en, all boDDin in fcar of matMth
<S5uns anD piftolets, contrarp to tlje lams of tljis £\ingDom, anD in
fiiglj contempt of our l£)?oclamation at Edinburgh tlje i6th Dap of
November latt* i^itD alfo bp tbe perempto?p refufing to tl)e aHelTois
miti&o?ijeD hy 2JS (altljougl) fruier in number tl)an £)ur Dearetl
Xxxxx JFatljer
14 C.irol/.
878
HiHorical CoUeGtions,
jfatljec toad in ufc to !ja^e) tl)e pouicr of Dotino; m tW 3(rembl}>, a0
fornix r(p tbcp ijaH none in all otfterd ^ opcnlp aijerriitff, €^at ^c,
no; ©ur Comniifficner, ijatj no ftittljec potnct: t^ere ttan tt)e meait
ffr CcimmiCfioncr of tljcit ntimbcr* 3nd bp t&cir partial aim un=
raft rcfufina;, nnn not fuffccttiD: to be tcao tlje Eeafon0 an5 atgu^
mc !itsi 0ii!en in bp tlje TiftopiSi, ann tfieit anbctentjj to oiir Com-
niifficner, lubp tfecp ougbt not to p?ocecn to t&c election of a ^mz-
rato?, neitijer pet to tbc trpino; ann anmittinff of tfjc Commifftanecd
fcefojc tl):p ujcre IjcavU, tljoufft) in out Bame tbcp tucre carncflip re--
cinitco ttjcteto bp out Comnuffiontt : 9nti nottuittjflanliinfi; tfjatout
Commirfiontr, tp Ol'-aiTant ftcm m-, saijc inunnet W ijanD a fuf
ficient Declaration of all tl)at uiasJ container in our late l^?oclama=
ticn, beannn; likciuife S)ur plealurc of tbc Ecgiftration of tDe fame
in tbe TookjJ of aflemblp, fo? all alfurance of tlje Cnit& ano iSuri-
tp of Eeiiuion to all ©ur goon @ubiccf0, a0 totlj cleatlp appeat b^
tbe Declaration it f:lf, lubercof tljc tenoiir folioto^.
€()e t^in5 si^aicilp bcino; info^nieo, €ljat manp of ^(0 0oo&€)Ut»
ietts lja\)5i app;eljcntiea, tbatbptljeintromicinffof tlje Service-Book,
ann Book of Canons, tlje iitb^uiffinij of S)Uperflition ftatlj b:n intntH--
eo, i^at& bm gracionOp pleafen ta oifcljarffe, \\\\tm bp tbete Ije Doti&
UifCljarffe tlje Ser vice-Book, anU Book of Canons, SttU tljC practice Of
t^em,anD eitljer of tljcm h aitn annuls ann refcinnsi all acts of Coiut=
cil, }S)?oclamatton!3, ann otl)er att0 aitn DeeniS tD5atfoe^er,t!)at tiaDe
bin mane 0? publiUbcn fo? eltaWifljinij tl)em, o?eitljetof tbem^ ann
neclares tfte fame to be null, ann to l)aue no fojcc noj effea in time
comine:* Clje fi^ingjai S^aiefrp, a0 Ije conceiben, foi ttie eafe ann be=
nefit cf tlje ^ub^cct, ettablifljen tbc "^iz^ CoramtUiott, ann tijctebp
3!uftice migljt be anmintttren, ann tbe JFaults ann Crro?^ of fuctj ip)er*
fonis a0 are mane liable tbereto, taken o?nec toitlj, ann punilben toitfi
tljc moie conbeniencp, ann lefg ttouble to tbe people* %\xi finning
W gracicus Intention tljerein to be millafeen, fjatb \m pleafen to
nifcbarge, like-a0 h''^ tljefe ^ natb nifcbarge tit f?me, ann all aass
ann Deenjai tobatfoeuet mane fo? eflafalifbino; tljereof* 9nn tlje J^tng's
9?ateflp being info?men,tljat tbe urging of tbefibe Articled of Perth-
aifcmblp batlj b?tn niSraction m tbe Cljureb ann ®tate, batb biit
graciouflp pleafen to take tbe fame into W J^olal Confineration, ann
fo2 tlje Ciuiet ann Jpeace of tljisi Counttp, batl) not onlp nifpenftn
toitb tlje practice cf tbe fain atttcled, but aifo nifcbargenaii ann toljat=
foeber 5 • crfons from urging tbe practice tbereof, upon eitljer ILaick o|
Ccclefiaffital l^erfon tobatfocijer 5 ann batb frcen all W ^ubjectjcS
from Cenfure ann Ipain^, iobetber Ccclefiaflical 0? ^^ecular, ft? not
urging, prartifutg, 0? obeplng tbem, o? anp of tbent, nctioitbftann-
mg of anp tbing containen \\\ tlje acts of I3a-rliament, 0? -S^enerai
aiTf mblp m tbe contrarp* ann W ^ajeffp iis furtber contenten, tbat
tlje aifcmblp take tbe fame fo far to tbeir confrtieration, ajs to rep^c-
ftnt it to tbe nett l^arliament, tbete td be ratifien asi tbe CffateiS
fljaii finn fitting, ann becaufe it batb bin p?etennen, tbat Datbsi babe
till anmininrcn nifftr^it ftcm tbat \ti\!\t\^ i0 fet notun \n tbe actss of
parliament, lji0 cpajeftp 10 pleafen to ncclarebp me, Cbatno otbet
©atb (ball be rctiuiren of anp ^^inifler at biiEi enttp, but tbat mbic^
10 fet noiun in tbc act of parliament* ann tbat it map appear bote
carcfiii bis ^l^aieOp 10, tbat no Coiruption no? Jnnobation (ball
creep into tW Cburcb? ncitbct pet anp Stcannal, Slice, 0^ ifault of
anp
Htftorkal Collections,
879 1
anj) pcrfon luljntfoeijer, crnfuraWe 02 puinfl)able bp t&c 3frcmljip,7^',7'
nlonjy unpiuunjcti, W spafcflv 10 content to ncclnrc tip nic, aim \^^^«^/4o
ftire all W ijoori people, €t)at »J5eneraJ afTeniblies fljall be kept
oft, anb ajs oft ajs tlje affairjs of tlj(0 Cljurcb fljaU rcqiure. anb tba
none of W BOOb ©iibieag map babe canfc of <©nebanceg aryainft tfjt
p?occcbinff0 of tbc p?elate0, biss 03ajeftp 10 content tbat all anb
ebetp one of tije p:efcnt oamjop^, anb tbeir <diirccfib?!Ei, fljall be an-
fuierable, anb accoffiinglp from time to time cenfurable, acco^binff
to tbeir metitjs bp tbc CDcncral ^ffemfalp, ^m to gibe all W ^aie-
ffp'0 ffoob people MX afTm-ancc tbat be ncbec intenbcb to abmit aitp
alteration 01 cbannte in tbc true rxeliijion p?ofeireb iuitbin tbis jtunff-
bom h anb tbat tbcp map be trulp nnn ftiilp fatiisficb of tbc realitp of
W Jntentionis anb integritp of tbe fame, Ijisi Q^ajeflp batb bin
plcafcb to reciiiire nnb commanb nil W ffoob Snibiectss, to fiibfcribe
tbe Confeffion of Faith, anb Band fo? maintenance tljereof, anb of
W Q3a^eap'0 perfou anb amljo^itp, fo^merlp fiijneb ^ \M bear Jfa-
tber in Anno 1580^ am nouj alfo reqiiiretb all tljcfe of tbep^cfrnt
JSlTcmblp to fubfccibe tbe fame* anb it ijj W ^a^eftp'^ axLiiii, cbat
tljiis be inftrt anb rcffiftrate in tbe Toofes ofaifemblp, aiffaCeffi
monp to poflerttp, not onlp of tbc finceritp of bi0 3ntention0 to
tbe faib trite Eeligioit, but alfo of bus Eefoliitions to maintain anb
befcnb tbc fattie, anb W Subjettis in tbe p?ofeffion tbereof*
(Hlbicb Declaration toa^ hv our fpecial commanb anb birection 01=
ben in, aitb fubfcrifacb bp our Commiffioner, upon piotcffation mabe
tp bim, tbat W aflentmo; to tbe regiltration bcreof, fljouib be no
app?obation of tbe laUifulnef^ of tbiis aflcmblp, no? of anp cf tbe
actis 0? Sl^ecbsi bone, 0? to be bone tberein* aiib finbino; tljem in like
fojt no b)np0 to be fati0ficb tberebJitb, anb tbat notbinff clfe bias able
to gibe tbcm contentment, crcept attljeir oujnpleafure tbep mere pcr^
mitteb to obertbJob) all Cpifcopal tipobernment in tbe Cljurcb, anb
tbcrcbp to abrogate our pufaliclt %m% ffanbinir in bigour bptbe fpace
of manp f caris bp gone, anb to alter tbe ifunbamental <J5obcrnment
of tW l\ingbom, \\\ taking atoap one of tlje tb?ce (iMateiS, contrarp
to erp?cf0 actjs of parliament* anb lett tbe continuance of tbeir
^eeting0 migbt babe p?obuceb otber tbe like bangerouis act0 fo be=
rogato?p to Eoial autbo?itp, mz toerc fo?ceb, fo? p^ebenting tbercof,
anb fo? tljcEeafon^ anb Caufes abobMuentioneb, anbbibcr^ otljers
impo?ttng true S^onarcbial (Spobernmcnt, to btflblbe anb b?eak up tbe
faib p?etenbeb aifemblp, anb to bifcbargc tbcm of all fartber meet-
ing, treating, anb conclubing anp tbing tberein* anb pet in tbat
calm anb peaceable toap, a0 our Commiffioner befo?e W rcmobing
befireb tbeir p?etenbeb S^oberato?fo? tbat time to babe faib p?aper,
anb fo concluBcb tbat bapss Seffion, tbat fo tbep migbt babe bab
time to tbink upon tbe luft Reafon^ of \)\^ rcfufing to affiff, 02 be
anp longer p?efent at tlje faib p?ctenbeb aflcmbip, anb of tbc Caufcs
mobing €10 to tbe biflblbing tljereof : anb nottoitljffanbing bt0 ear=
neff urging tbe fame, anb being bJilUng to return tbe nert mo2ning
to bear tbeir anftucr 5 in place of all otber fatigfaction to \)\q fo rctv
fonable anb mobcrate befireb, it Uia0 refufeb, anb met U)itb a p?o=
teflation of an \m\) anb eii:rao?b(narp ftrain,tberebp pzefuming tacite
anb call our Council in tiueftion, fo? tbeir biitiful affiffance anb obe-
biencc to a^ anb ©ur CommiiTioner, anb finbing tbeir rifobr<ii=
ence tbu0 to increafe, mt xmz conllraineb to bifcljacge tban of neuj
Xxxxx 2 again
88o \
Hijlorical Collect torn.
\jn. 1638
/
~M ncrt unp tljcrcaftcr, lip publtck ^p?cclamation, unter tlje
% Crcafott. anti albeit tijat t!)rit coittumacD 10 fuel) a^ \ym
\\\ f)^at5 of in fonicc Cime0, ^et tljcp fl)an netict mo^e did td
f tijcicaitl^ointoi article of tljat^Bc fjanc alrcanp BcclarcB lip
Dclamation 0? Dcclaratioti iinDct out Commiffioner'js Ijaiiii, ail
i)tcO toajj puiilicfelv rea^, anu bp out Conimifaonct requiten to be
iilert w^ tcffiftratc in tijc ^^m of aiTemblp, tljcrcin to remain agi
a Ccfiintonw to 19oftcritu, not onlp of tlie fincctitp of cut Untcittiond
/to ti3e Crue EcULVion, but alfo of our EcCbiution to maintain an"o ne-
1 ftnotlje fame, ant» our Subjects in tlje piofeffiou tbeteof : anti pct^
ceiling iifecissifc ttjat in contempt of our p?ociamation at Giafgow,
tlje ^Qth of November, tijcp SO fliU ou to coubeue, meet, ann to
uialie Uleaai anti unujati-antable artsi; COe fjabc conceiben it fitting
to fo?tuatn «il out goiitJ ^ubtccts of t^e Danuer tfjat tbep map in=
cut bp beiniT enfnarcB bv tljcfe tbeir unlawful J^joccbure^. anb to
ti-i0 purpofe bo tiot onlp liberate anb free tljem from all ©bebienceto
anu of tt}e yietenbcn M% matse, 0? to be mabe at tbc faib pictenbeb
mtwnv oj Committees bireit tljerefrom, but m aifo free tljem
frrtni nil pain m^ cenfure tobtcb tbe faib p^etenbeis aiTemblp fljaU in-
Bict upon tijem, ci anv of tijem* anb tljetefoje ba bifcljarge anB
p;cli'b!t all cur Subieits, Cijattljep, no? none of tbem, acfeiiotolebg
noi gibe ©beciencc to anp pictenbcb M^ no? Conilitution^, mabe,
01 to be mabe at tije faib p^tcnbcb Ci^ectinn;^ , imber all biffljeit pain0*
"Ix^ mt comuianb, cljarge, anb inljibtt all p^e^bptcrie^, g--erfion0
of %\xMi i©iuirtcrjj Uiitbin tljt0 Eealm, tljat none of tijrm picfumc,
no? take upon Ijanb p?ibatelp no? publicKlp in tljeir ^seflione anii
Meetings, noi in tbcir Conferences, eermon!3, m\ no otljer man=
ner cf toap, to nutljo ije, app:Obc, iuilifp, 0? aiUUi tbe faib unlaui^
ful q0ecti!!ff, n aiftmblp at Giafgow, neitljec pet to make anp act
tijercupon, no? toba anp otber tljing piibatc 01 pubfich, Mjicb map
leeni to countenance tbe faib unlaujfiil aiTemblp, unber tbe ptiut to be
repute, bolben, ana eiteemeb, anb piirfueb m guiltp of tbeir unlaiu^
ful Meeting, «inb to be punifljcb tbcrcfo?e bJitb all rigour* anb ficfe=
like mz commanb all anb funb^p Boblcmen, 'Barongs, <^entlemen,
^agiftrate^, anb alt otber our lieges b)bo fljall bappen to be p?eteitt
anb bear anp CS3inifrer0, eitbcr in publick 0? piibate Conferences o?
^peecbcs, b? \\\ tbeir ©ermons, to app?obe anb allotu tbe faib un--
latuful affemblp, rail anb utter anp ©peecbes agaiitft SDur Eoia!
Commanbmcnts , m, li)?Oieebingd of m, 0? Our Coimcil, fo? pu=
nifljing o?fupp?cftinglucb<!awmutie0, tbat tbep make Eelation anb
EepoJttbcrcaf to Our Council, anb furniflj 13?obation, to tlje effect
tbe fame map be acccrbinglp punilbeb, as tijep toill anfuicr to as
tbcrcupon \ ccrtii^ing tbem bJbo fljall bear anb conceal tbe faib
^pcecDcs, tbat tljep fljall be efleemeb as allobjers of tfje fiwte, anb
fljall acco?bmgb> be taken o?ber tuitij, anb pimifljeb tbcrefo?c
UJitbout fabour. anb to tbis eflett mz liketoife ftraigbtlp Cbarge
anb Commanb all Jubges bJbatfoeber bJitbin tljis Realm, Clerks
anb ailntcrs, ttot to grant 0? pafs anp Till, eimtmcns, 0? let=
ters, 0? anp otbcr Crecution uibatfoeber, upon anp att 0? Deeb p?o-
ccebing from tbe faib p?etenBeb aflemblp, anb all keepers of tbe
Signet from figneting tbereof, anb tbat usibcr all bigljrfl pains*
anb becaufe ©Lie gabe £)?ber anb eUarrant to ^Dur Comnufacner to
make open Declaration, not onip of our ^ai(e, but eben of tbe
tcuel
Hifiorical Collections,
88 i
true mcanmUOf tlje Confeffionof Faith, in Anno 1580^ bDU»!jicD
it map clcnilp nrprar, tijat ags it)c ticucr mtentJcti tfjrrr bp to cFcUinc
Cpiicapncp, to tip no risOt confiruittan can it lie otljciiuifc intcrpar^
ten, Rss (0 tno?c tijan cijincnt iip tljcEeafonss containcti in tijc aiiU
Declaration, anB manp niojc, tuliiclj foi bicuitp (tljc tljiniy in it felf
ibeinij fo clear) are onnttcu •■. toftcrefojc ailc Bo not onlp p^oDiOit anD
Bifcljarffe all our €)iilifcrt!5 from fulifcrifainff anp Band, 0? ijiiJino; anp
eairit, ©iibfcription, c^ Oatl) to, 0? upon anp M 01 Dcen tijat p?o-
CCCII0 from tf)c fo;efato pjctcnUcB Slircmblp, but alfo to require tijem
not tQ ftibfcribc no? ftuear t(je faitj Confcflion, in no otijer fcnfe tijan
tJjat uiljiclj i«5 containcti \\\ tJje faio Declaration, anu manifettlp emitteo
bp our Commiffioner, tinner all ftiffbcfl pain0* flnn tljat noiie of our
o:ooii®i!bictt.e,U]ljo in tijcir Diitp antJ bountiObetiience to il0,fl)all re=
tiife to acknoiMletiij tlje laso p^tenueo aflcmbIp,o? anp of tlje p?etentieD
9ctis, Conftitutions, aiarrantis, o| Directions p^oceeninn; tljere-
from, map Ijaue juft fftoium of fear of Hanger 0? ijarm bp noino;
tljcrtuf, mz 50 bp tijefc p2omifc, anti upon tl)c8:ilo?D of a Mm oblige
cur €)eli3e0, bP all tlje Eoial autl)Oiitp anu potoer ioljcretuitlj <55on
Ijailj entiotDeli ^0, to protect ann tefenti tljem, anti eucrp one of
tijem m tfteir Il9erfon0, jf o?tune0, ann <S5oo50, atjainft all anu tobat
tbetjer l:^erfon, o? Jpcrfons, tuljo fljall tare 0? p?efumc to call in
QUifticn, trouble, 0? anp toaps moleft tljeiti, o? anp of tljem tljere-
fo?c» ann oir ^i'l is, ann ^le cljarge pou flraitlp aim commann,
Cljat incontinent tijefe our letters feen, pe pafs, ann make publica^
tion berccf \^'^ open 55?oclamation, at tbc S^arfeetCrofs of Edin-
burgh, ann ctljer places nceoful, toljerc-tlj^ouglj none p?ctenn igno^
tancecftbefame*
Given from Our Court at Whitehall^ the ^th day of December^ and
of Our Raign the i^th Year, 1638.
(per (%,
em.
After the publifhing of this Proclamation, the Aflembly at Glaf-
^tfip made a Proteftation at the Market-Crofs at Edinburgh^ the i2th
oi December 1638. which by reafon of the very great length of it,
and the many repetitions of former Paflages, we forbear to trouble
the Body of the Story or the Appendix therewith, referring the Rea-
der rather, for his further fatisfadtion, to the Ring's Large Declara'
tion, page 375, unto page 401.
1 4 Caroli.
882
Hi^orical Collections,
An. 16:58.
King's Decla-
ration, f'^0'1
403, cs''^.
Not long after this Proclamation and Proteftation, the King's Com-
miffioner (feeing all things tending to a prefent Rupture) began his
Journey, according to the leave granted him by his Majefty for his
Return. After which time, and ever fince, the Scots have through-
out the whole Kingdom, by threats, made the Ads of their unlawful
Aflembly to be received, in many Places have perfwaded the recepti-
on of them by Force and Arms, have levied Souldiers, and impofed
Taxes upon the King's Subjeds for paiment of them 5 have required
of the Judges, or Lords of the Seffion, to approve their Afts, though
noneofthem con{entedthereunto,havethreatned and menaced them for
refufing of it •■, have raifed divers Fortifications in our Kingdom ^ have
blocked up our Caftles and Forts ; and now atlaft forcibly taken our
Caftle at Edtnbnrgh: Have at home got their Preachers moft leditioufly
and rebellioufly to teach the People, That there is a neceffity of their
carrying Arms againft his Majefty, under pain of Perjury and Dam-
nation 5 have fcattered abroad, efpecially here in England^ divers in-
famous Libels juftifying their own wicked and rebellious Courfes, in-
citing the People of England to attempt the like Rebellion, and to
deface our Ecclefiaftical Government.
One of them, upon the Commiffioner's coming home. Frayed God
to deliver them from all crafty Compojiiions. Another refufed to pray
in the Church for Sir William Nesbett late Provoft oi Edinburgh, when
he was lying upon his Death-Bed, only becaufe he had not fubfcribed the
1 Covenant. Another frayed God to fcatter them all in Ifrael, and to di-
vide them in Jacob, who had counfelled us to require the Confejfion of
Faith to he fubfcribed by the Kitigs Authority, Many Minifters would
not admit to the Communion thofe who had not fubfcribed their Co-
venant, but in their Exhortation before it, barred them in exprefs
tearms with Adulterers, Slanderers, and Blajphemers, d^c. Others would
not fufFer Children to be Baptized in the Churches of thofe Minifters
who were not of the Covenant, though they were their own Parilh
Churches, but carried them fbmetimes many miles to be baptized by Co-
venanting Minifters. One preached. That all the non-fubfcribers of the
Covenant rvere ^Atheifls 5 and fb concluded. That all the Lords of the
Council, and all the Lords of the Seffion were (uch, for none of them
had fubfcribed it. Another preached. That as the Wrath of God never
was diverted from his People, until the feven Sons of Saul was hanged up
before the Lord in Gibeon ; fo the Wrath of God would never depart
from that Kingdom, till the twice feven Prelats ( which makes up the
number of the Bilhopsin that Kingdom) were hang d up before the Lord
there j which is extream foul and barbarous. Another preached. That
though there were never fo many A&s of Parliament againji the Covenant,
yet it ought to be maintained againji them all. Another delivered thefe
words in his Sermon, Let us never give over till we have the King in our
Power, and then he fiall fee how good Subje&s we are. Another in his
Sermon delivered this. That the bloodiefi and fiarpejl War was rather to
be endured, than the leafi Error in Do&rir: vid Difcipline. Another in
his Sermon wiftied. That he and all the Bijhops in that Kingdom were in
a bottomlej? Boat at Sea together 5 for he could he well content to lofe his
Life, Jo they might lofe theirs, 8cc.
Titles
Hijlorid'al Collections,
885
Titles of PROCLAMATIONS, &c,
Tro jinm 1638.
A
Proclamation for the apprehenfion of Gilbert Can and James
Locl^r.
A Proclamation that all Woollen Clothes and Stuffi, made or mixed
ith Wooll, and brought to London to be fold or tranfported, be firft
brought to Blackpel-naU^ there to be fearched.
l^Carolr.
A Proclamation for reftraint of the unlawful Sale and Tranfporta-
tion of Englifti Horns.
A Proclamation to reftrain the tran(portation of Paffengers and
Provifions to Nerv-England without Licenfe.
A Proclamation for allowance of the ufe of Hard Silk in fome (pe-
cial Manufaftures.
A Proclamation touching the Corporation of Bever-makers dl Lon-
don, and to reftrain the importing of Foreign Hats, and the wearing
of Demy-cafters within his Majefty's Dominions.
A Proclamation for the free and lawful ufe of Maulting.
A Proclamation concerning Playing-Card5 and Dice.
A Proclamation appointing the Times for his Majefty's healing of
the Difeafe called the Kings Evil.
A Proclamation for the well-ordering the Trade and Vent of Wines
throughout the Kingdom.
A Proclamation for reftraining the Importation of Lattin Wire in-
to this Kingdom, and for (upport of that Manufafture here.
A Proclamation for (ufpcnding the time of healing the Difeafe cal-
led the Kings Evil, until Eafier next.
A Proclamation for reforming fundry Abufes in Manufaftures of
Silks and Stufft of Foreign Materials made here, or imported from
Foreign Parts.
i
A Psoclamation for the due affizing of Bread.
Whitehall,
April J.
Whitehall,
April I £^
Whitehall,
April 10.
Whitehall,
May t.
Whitehall,
May i8.
WhitihdU,
May itf«
Greenuichf
June 18.^
Greentpteh,
June 18.
Greeapfich}
July I.
, Greenwich,
July I J,
Oatlands,
Auguft 19.
Oatldnds,
Scptemb, x,
Septemb. j.
We^minfter,
Novemb. 19,
884
Hifiorkal Collections.
^^I^^J^^Cit^ i ^ Proclamation providing for the relief of maimed, Shipwrackt,
Novanb. 15. , and other diftrefled Seamen, their Widows and Children.
Whitehall
Jan. H.
IfThiteh.tll,
Feb. 9.
Feb. 19.
WhirefiaU,
Feb. 27-
Whitehall,
March n.
A Proclamation for the prizing of Wines.
A Proclamation for the well-ordering and making of White Starch
within the Reabij and for reftraint of the Importation thereof from
Foreign Parts.
A Proclamation concerning Tin, and to reftrain the importation'
thereof from Foreign Parts.
A Proclamation and Declaration, to inform Our loving Subjefts
of Our Kingdom of England^ of the leditious praftices of fome in
Scotland^ (eeking to overthrow Our Regal Power under falfe pre-
tences of Religion.
A Proclamation for reftraint of Difordcrs in Souldiers preffed, and
to be preffed for his Majefty's Service.
Hiftorical
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