House of Lords Journal Volume 6: 13 March 1644

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. 1) 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 this House.

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. 2) 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. 3) 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 to Powder."

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. 4) was made in a schismatical and scandalous Parliament Time." And the Archbishop told the said Hunscott, (fn. 5) 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. 6) 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. 7) 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. 8) 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. 9) keep with him, and not to come forth from him to speak with any Person.

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."

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

PRAYERS, by Mr. Gower.

Lords present:

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. 10) 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.

Adjourn.

House adjourned till 9^a cras.