DIE Mercurii, 13 die Martii.
PRAYERS, by Mr. Gower.
Lords present this Day:
Ds. Grey de Warke, Speaker.
Message to the H. C. about taking off the E. of Holland's Sequestration.
A Message was sent to the House of Commons, by
Mr. Serjeant Whitfield and Sir Edward Leech:
To put them in Mind of taking off the Sequestration
from the Earl of Holland's Estate.
Dr. Burges's Order.
The Lord Admiral reported, "That the Committee
have considered of the Order concerning Doctor
Burges; and they think it fit to pass as it is:" Which
being read, it was Agreed to by this House.
(Here enter it.)
E. of Thanet's Petition, for his Sequestration to be taken off.
Next, the Petition of John Earl of Thanett was read;
shewing, "That whilst no Order of Restraint was upon
the Peers, or other His Majesty's Subjects, to repair
unto Him, before any Standard set up, or Armies
on Foot, did, by His Majesty's Command by His
Letters, repair to His Majesty at Yorke.
"That the Petitioner returning thence to his Home,
being at that Time very infirm in his Health, having
Leave of this Honourable House for his Absence,
and a Licence from His Majesty for his going beyond Seas, did, by Advice of his Physicians, for
Recovery of his Health, depart the Realm; and
having, by God's Blessing of the Means there, recovered his Health, and hearing that, in the unhappy
Distractions and Rents within this Kingdom, the Petitioner's Absence had rendered him to be conceived
a Delinquent, and had drawn upon his Estate a Sequestration, executed with a wasteful Spoil of his
Timber and Woods (which had been for many Years
carefully preserved by the Petitioner and his Ancestors); the Petitioner without Constraint is returned, and is ready and willing to submit himself and
his Actions to the Judgement of your Lordships,
having not willingly and knowingly done or assented
unto any Act, that, by (fn. *) any Ordinance of Parliament, should make the Petitioner a Delinquent;
but is ready, as your Lordships shall direct, to manifest his Clearness in what shall be required by their
Lordships of him.
"The humble Suit of the Petitioner is, that their
Lordships will receive him into their good
Opinions, and take off the Sequestration;
and, if any Doubt shall be conceived of him,
to hear him; and in the mean Time to
order a Stay of the Petitioner's Rents, and
of the Fall of his Timber and Woods; any
Season (if he shall appear guilty) serving to
fell it; but, once fallen, no Time sufficient,
nor the same possible to be repaired."
Archbishop of Canterbury's Trial.
This Day being appointed to proceed in the Trial
against the Archbishop of Canterbury; the Committee of
the House of Commons that managed the Evidence
being called in, the Prisoner was brought to the Bar;
and then the Committee desired to proceed upon the
First and Second Articles of the First Articles, and
upon the Second Article of the further Charge.
The Articles were these:
"1. That he hath traiterously endeavoured to subvert
the fundamental Laws and Government of the Kingdom of England; and, instead thereof, to introduce
an arbitrary and tyrannical Government against Law;
and to that End hath wickedly and traiterously advised His Majesty, that He might, at His own Will
and Pleasure, levy and take Money of His Subjects,
without their Consent in Parliament; and this, he
affirmed, was warrantable by the Law of God.
"2. He hath, for the better Accomplishment of
that his traiterous Design, advised and procured divers
Sermons and other Discourses to be preached, printed, and published, in which the Authority of Parliaments and the Force of the Laws of the Kingdom
are denied, and an absolute and unlimited Power over
the Persons and Estates of His Majesty's Subjects
is maintained and defended, not only in the King,
but also in himself and other Bishops, above and
against the Law; and he hath been a great Protector,
Favourer, and Promoter, of the Publishers of such
false and pernicious Opinions.
That, within the Space of Ten Years last past, the
said Archbishop hath traiterously endeavoured to subvert the fundamental Laws of this Realm; and to
that End hath, in like Manner, endeavoured to advance the Power of the Council Table, the Canons
of the Church, and the King's Prerogative, above
the Laws and Statutes of the Realm; and, for Manifestation thereof, about Six Years last past, being
then a Privy Counsellor to His Majesty, and sitting
at the Council Table, he said, "That, as long he sat
there, they should know that an Order of that Board
should be of equal Force with a Law or Act of Parliament;" and at another Time used these Words,
"That he hoped ere long that the Canons of the
Church and the King's Prerogative should be of as
great Power as an Act of Parliament;" and at another Time said, "That those that would not yield to
the King's Power, he would crush them to Pieces."
Then the Evidence to prove this was produced:
First, Mr. Maynard produced a Book of Memorials,
written with the Archbishop's own Hand, which was
proved so to be by John Dell his Secretary, wherein
there is written this as followeth:
"December 5th, Thursday, the King declared His Resolution for a Parliament, in case of the Scottish Rebellion: The First Movers to it were, my Lord Deputy of Ireland, my Lord Marquis Hamilton, and
myself; and a Resolution voted at the Board, to assist
the King in extraordinary Ways, if the Parliament
should prove peevish, and refuse, &c."
Then Mr. Maynard offered the Examination of Sir
Henry Vane Senior, taken by Commission, by Order of
The Bishop desired it might not be made Use of,
because he had not Liberty to cross-examine him.
Hereupon the House declared their Sense of it,
That the said Examination should be read; and if
the Bishop finds any Cause to cross-examine, he may
do it by Consent."
Then the Examination of Sir Henry Vane was read,
to this Effect: "That, upon the 5th of May 1640,
upon the Dissolution of the last Parliament, this Wm.
Laud, Archbishop of Canterbury, being then a Privy
Counsellor, in the Presence of His Majesty, and divers of His Council, (fn. *) said, "That His Majesty having
been refused Supply from His Parliament, He might
lawfully now make Use of His own Power;" or Words
to that Effect."
Next, to make it appear how he carried himself towards His Majesty's Subjects in the Point of Ship-money, and how he endeavoured to subvert the Law, these
Witnesses following were produced, and sworn:
Samuell Sherman deposed, "That he, with Winkinson
and Fisher, were fetched up from Dedham, in the
County of Essex, by a Pursuivant to the Council
Table; who being appointed Collectors for Ship-money in that Town, (fn. *) they were to answer their pretended Offence, for refusing to collect the Tax of
Two Hundred and Six Pounds for Ship-money
upon that Town; and being called before the Lords
of the Council to give an Account thereof, answered,
"That they could not gather any more than Six or
Seven Pounds, because it was alledged it was no
maritime Town, therefore had neither Ship, Merchant,
nor Hoy, and that they could collect no more:" Hereupon the Archbishop of Canterbury replied, "A proper
Sum that! but Six or Seven Pounds is collected, where
they were rated at Two Hundred and Six Pounds, and
Promise was given for to pay it!" Then it was answered, "That Promise was made upon Condition, if it
could be made appear that they were a maritime Town."
Then the Archbishop replied with a loud Voice, "You
are a maritime, I say you are a maritime Town."
Upon this, the Deponent was committed presently
to the Prison of The Fleete, where he lay Three
Weeks, and no Cause shewed of his Commitment:
Also he had Eleven Silver Spoons distrained, which
was after the Proportion of Eleven Subsidies as he was
rated at in the Book of Subsidies."
Alderman Atkins deposed, "That when he was Sheriff of the City of London, he was sent for, to attend
the Council Board, to give an Account what Monies
he had collected of the Ship-money; and no Man
was so violent against him as the Archbishop, because
he had not gathered the Arrears of the Ship-money;
and he bid Mr. Attorney General to take his Name,
and proceed against him in the Star-chamber, for not
collecting the same. And at another Time, when all
the Aldermen of London were commanded to attend
the Council Table, about raising the Loan of One
Hundred Thousand Pounds, after the Dissolution of
the last Parliament, the said Archbishop did very
much press this Deponent to lend Money."
Alderman Chambers deposed, "That he being prosecuted in the Star-chamber, for refusing to pay Tonnage and Poundage, as the Times then was, it being demanded then contrary to Law; the Archbishop of Canterbury, at the Judgement, did highly aggravate his pretended Offence, and fined him in Three
Thousand Pounds to the King, and Imprisonment;
and declared, "That if any had gone higher in the
said Fine, he would have concurred with him;" and
further the Archbishop told him, "That he took away
the King's Bread from Him, by denying the Tonnage and Poundage; and that, if the King had many
such Chambers, he should not have a Chamber to put
his Head in."
Next, Alderman Addams upon Oath deposed to this
Purpose: "That, 1639 and 1640, he and Alderman
Warner, being Sheriffs of London, were often called
to the Council, about the collecting of Ship-money;
and they were threatened to be informed against
in the Star-chamber; and the Archbishop pressed
him to take Distresses for Ship-money."
Next, Edwin Griffith, Thomas Woodstocke, and John
Hay, upon Oath, deposed the Matter of the Trial against
the Soap-maker, 10 Maii 1633, in the Star-chamber,
where the Archbishop delivered very high Speeches
of their Rebellion, in disobeying a Proclamation of the
King's against Soap; and said, "That if he lived, and
sat in that Place, he would make a Proclamation of
equal Force as an Act of Parliament;" and applied
a Place in xxii Matt. 41. to this Effect; inferred,
That the King should fall upon them, and grind them
Then Mr. Talbois upon Oath deposed how the Archbishop did oppose the Law in the Business of Inclosures
and Depopulations; how, when the Law was desired
to be pleaded for the Right of Land, he bid them "go
plead Law in inferior Courts, they should not plead
it before him;" and that the Archbishop did fine
him for that Business Two Hundred Pounds, for using
the Property of his Freehold, and would not suffer the
Law to be pleaded.
The next Particular was, to prove how the Archbishop had procured divers Sermons and Books to be published, which had Matters in them contrary to the Right
of Parliament, and the fundamental Laws and Government of this Kingdom: And first was produced, a
Book called Cowell's Interpreter, which, in the Title
of King, hath Words to this Effect, "That the King
is above the Law, by His absolute, &c." And in the
Title of Prerogative, "That He hath a Prerogative
above Law, &c.;" which said Book, by Judgement
of Parliament, was condemned, and called in by a Proclamation, dated 1610, in Parliament, and an Inhibition
that none should be sold or published; Yet, notwithstanding this, in Scorn and Contempt of the Parliament,
the said Book was re-printed in Duck Lane, at a private
House, by one Hodskins, Printer to the said Archbishop,
without any Order of Licence; and, upon Complaint
thereof to the Archbishop, by Joseph Hunscott and
Wally, he put them off to Sir John Lambe, and
he to the Printer; who said, "The Proclamation (fn. *) was
made in a schismatical and scandalous Parliament
Time." And the Archbishop told the said Hunscott,
(fn. †) when he came to him about it, "That, if he would
not go his Way, he would trounce him."
This Hunscott and Wally deposed upon Oath.
After this, the Evidence was produced, how Dr.
Manwaring was advanced to Preferment, contrary to
the Judgement of Parliament; and first was read, the
Judgement against him, to disable him from being preferred to any Ecclesiastical Preferment: Next was read,
a Particular in the Archbishop's Memorial, wherein,
the 12th of June, 1628, he takes Notice of the same
Sentence; yet, in July following, he was preferred to
the Parsonage of Stanford Rivers, in the County of Essex,
by Procurement of the Archbishop, as by Book of the
Signet Office appeared; and afterwards was made Dean
of Worcester, and then preferred to be Bishop of St.
Davids, by Procurement of the Archbishop, then Bishop
of London; which was done in Affront to the Parliament.
After this, they proceeded to make it appear how
the Archbishop did command Dr. Heylyn to write a
Book, wherein, Fol. 40, he says, "He never heard till
of late (fn. ‡) of free Subjects, and he hoped never to hear
of a free Brittaine:" This Book, so much destructive
to the Liberty of the Subjects, and of so dangerous a
Consequence, was licensed by the Archbishop's Chaplain, Dr. Bray, and dedicated to the Archbishop; and,
in the Epistle, it is confessed that it was written by the
Archbishop's Command, for which the Archbishop
did prefer him to be One of the King's Chaplains,
and a Benefice; and, in November 1631, by his Procurement, was made a Prebend of Westm.
Next, a Book of dangerous (fn. *) and seditious Expressions was produced, written by Christopher Dow,
Bachelor of Divinity, for which he was preferred to be One
of the Chaplains to the Prince, by the said Archbishop, as
was deposed by Mr. Ouldsworth, (fn. †) who saw a List, written with the Archbishop's own Hand-writing, of the
Prince's Chaplains, amongst whom Mr. Dow was.
Then the Committee proceeded to the Evidence, that
the Subsidy which was granted by the Convocation was
against Law, and against the Consent of Parliament,
being after the Dissolution of the last Parliament; which
Subsidy was by the Archbishop's Procurement, and
were to be levied upon the Clergy against their Consent,
and were to be paid sub Pæna Suspensionis, Excommunicationis, vel per Sequestrationem, Venditionem, &c. A true
Copy of the Canons were delivered upon Oath by
Greice, who examined them by the Original.
Next, Mr. George Walker, Minister in Friday-streete,
London, deposed upon Oath, "That, for preaching of a
Sermon in his own Parish, he was informed against
in the Star-chamber, by Order of which Court he was
imprisoned Ten Weeks in The Gatehouse, Twelve
Weeks in another Prison, and Two Years confined
to his Brother's House, which was by the Means of
the Archbishop of Canterbury, who had procured
Notes of his Sermons for divers Years, purposely to
intrap him; and told the King before his Face, at
the Council Table, that he was One of the greatest
Sowers of Sedition that was in the City."
Also Mathew Bland deposed upon Oath, "That the
said Archbishop said at the Council, when the Business concerning Doctor Gill, School-master of Pauls,
came to be heard, "I will rescind all Acts that are
against the Canons of the Church; and I hope ere it
be long, that Canons shall be of as great Force and
Validity as an Act of Parliament, which ye so much
idolize and doat upon."
The Evidence to these Articles being done, the Archbishop desired that he might have Leave to withdraw
a while, to consider what Answer to make to this; and
he further desired, that his Counsel might be permitted
to be with him, to advise him in Point of Law.
Hereupon he was commanded to withdraw; and
the Lords taking the same into Consideration, Ordered, To adjourn this House until Three of the
Clock this Afternoon; in the mean Time, the said
Archbishop shall have Liberty to withdraw himself, to
advise about his Answer to the Matter of the Evivence now given against him; provided that none of
his Counsel be permitted to be with him, nor any
of his Servants but Mr. Dell, who is to (fn. ‡) keep with
him, and not to come forth from him to speak with
Ordinance to sequester the Revenues of St. Paul's, and to pay Dr. Burges 400£. per Annum out of them.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Lord Mayor
of London and Court of Aldermen do presently seize
and sequester into their Hands the Houses, Rents, Revenues, Books, Deeds, Evidences, and all Writings,
belonging to the Dean, Dean and Chapter, or other
Prebendaries, Officers, or Ministers, belonging to
the Cathedral Church of Paules, London, in Right
of the said Church; as likewise all Monies, Goods,
and Materials, bought or given, and brought in to
any Place or Person, for repairing or furnishing of
the said Church, or otherwise appertaining thereunto, in whose Hands soever the same remaineth;
and that, out of the said Revenues, they pay unto
Doctor Burgesses, One Hundred Pounds at the End
of every Quarter of the Year, the First Payment to
begin at the next Lady-day, and thence to continue,
according to the true Intention of a former Order
of both Houses of Parliament; and moreover that
they set out and deliver unto him a good and convenient House for his Dwelling, well repaired and
fitted for his Use; and, for better Execution of this
Order, they are to constitute and appoint such Assistants, Deputies, and Officers, as they shall find
requisite, and to send for and examine all Persons concerned in the Premises, as Parties or Witnesses; all
which shall be done, and the Charge thereof allowed,
out of the said sequestered Estates; any Order or
Ordinance to the contrary in any Wise notwithstanding."
House adjourned till 3a post meridiem.
PRAYERS, by Mr. Gower.
Ds. Grey de Warke, Speaker.
Archbishop of Canterbury's Trial.
The Archbishop of Canterbury was brought to the
Bar; and he made his Defence to the Evidence given
against him in the (fn. *) Morning.
Which being done, the Committee of the House of
Commons made their Reply.
And afterwards the House being cleared, the House
took into Consideration when to proceed in the Trial
of the Archbishop: And it is Ordered, To proceed
further against him on Saturday Morning next, by Eight
of the Clock.
Conference concerning the Oath of Secrecy.
Ordered, That the Report of the late Conference
with the House of Commons, touching the Oath of
Secrecy to be taken by the Committee for both Kingdoms, shall be made on Friday Morning next; at which
Time all the Lords are to have Notice to be present.
House adjourned till 9a cras.