Mr. Edward Hide's Speech, July 6. 1641, at the Impeachment of Three of the Barons of the Exchequer.
Mr. Ed. Hide's Speech against the L. Chief Baron Davenport, Baron Weston, and Baron Trevor, July 6. 1641.
I Here cannot be a greater Instance of a sick and languishing Common-wealth, than the Business of this Day: Good God! how have the Guilty these late Years been punished, when the Judges themselves have been such Delinquents ! 'Tis no Marvel, that an irregular, extravagant, arbitrary Power, like a Torrent, hath broke in upon us, when our Banks and our Bulwarks, the Laws, were in the Custody of such Persons. Men who had lost their Innocence, could not preserve their Courage; nor could we look that they who had to visibly undone us, themselves should have the Vertue or Credit to rescue us from the Oppression of other Men: 'Twas once said by one, who always spoke excellently, That the Twelve Judges were like the Twelve Lyons under the Throne of So omon; under the Throne! in Obedience! but yet Lyons. Your Lordships shall this Day hear of Six, who (be they what they will be else) were no Lyons; who, upon vulgar Fears, delivered up the precious Forts they were trusted with, almost without Assault, and in a tame and easie Trance of Plattery and Servitude, lost and forseited (shamefully foreseited) that Reputation, Awe and Reverence, which the Wisdom, Courage and Gravity of their venerable Predecessors had contracted and fastned to the Places they now hold; and even rendred that Study and Profession which in all Ages hath been, and I hope now shall be of an honourable Estimation, so contemptible and vile, that had not this blessed Day come, all Men would have had that Quarrel to the Law it self, which Marius had to the Greek Tongue, who thought it a Mockery to learn that Language, the Masters whereof lived in Bondage under others: And I appeal to these unhappy Gentlemen themselves, with what a strange Negligence, Scorn, and Indignation, the Faces of all Men, even of the meanest, have been directed towards them, since (to call it no worse) that fatal Declension of their Understandings in those Judgments, of which they stand here charged before your Lordships. But, my Lords, the Work of this Day is the greatest Instance of a growing and thriving Common-wealth too; and is as the dawning of a fair and lasting Day of Happiness to this Kingdom; 'tis in your Lordships Power (and I am sure 'tis in your Lordships Will) to restore the dejected broken People of this Island, to their former Joy and Security; the Successors of these Men to their old Privilege and Veneration, &sepultus prope leges revocare.
My Lords, The iniquity of Judges is Infectious, and their craftiest Combination to leave as few Innocent as may be: Your Lordships have heard of the Justice of Two of the greatest Courts of Westminster; and that you may know how little Advantage, the other of his Majesty's Revenue, the Court of Exchequer, hath of his Fellows in the Administration of Right, I am commanded by the House of Commons, to present to your Lordships, three several Charges against three Judges of that Court, my Lord Chief Baron Davenport, Mr. Baron Trevor. and Mr. Baron Weston. May it therefore please your Lordships to hear them read.
Articles of the House of Commons, in the Name of themselves and of all the Commons of England; against Sir Humphrey Davenport, Knight, Lord Chief Baron of his Majesty's Court of Exchequer, impeaching him as followeth:
The Charge against Sir H. Davenport. Lord Chief Baron.
I. THAT whereas in the Month of October, in the fourth Year of his Majesty's Reign, the Farmers and Officers of the Custom-House, having seized great Quantities of Currants, being the Goods of Samuel Vassall, Merchant; and having conveyed them into certain Store-houses at the Custom-house, and detained them, because the said Sam. Vassall refused to pay an Imposition of Five Shillings Six pence, upon every Hundred Weight of the said Currants, pretended to be due upon, and demanded by the said Farmers and Officers, on his Majesty's behalf, for the said Currants; whereas no such Imposition was due or payable for the same; but the said Imposition was, and is against the Laws of this Realm.
And whereas also in Michaelmas Term, in the said Fourth Year of his Majesty's Reign, his Majesty's then Attorney-General, exhibited an Information by English Bill in the Exchequer against the said Samuel Vassall, setting forth, That King James, by his Letters Patents, dated tertio Novemb. in the Second Year of his Reign, did command the said Imposition of Five Shillings Six Pence, upon every Hundred Weight of Currants, should be demanded and received.
And that his Majesty that now is, by his Letters Patents, dated the Six and twentieth day of July, in the Second Year of his Reign, did, by Advice of his Privy-Council, declare his Will and Pleasure to be, That Subsidies, Customs and Impost should be levied in such manner as they were in the time of King James, and the same, and the Farms thereof to continue until it might receive a settling by Parliament, and commanding the levying and receiving the same accordingly; and that the said Sam. Vassall before the said first day of October, then last before the said Information exhibited, did bring into the Port of London in Ships, Four thousand six hundred thirty eight hundred Weight of Currants, Richard Carmarthen, Surveyor in the said Port of London, the said first day of October, demanded of the said Samuel Vassall, the said Imposition of Five Shillings Six Pence for every hundred Weight of the said Currants; and that the said Samuel Vassall refused to pay the said Imposition, and unjustly detained it from the King. To which Information the said Samuel Vassall appeared, and pleased the Statute of Magna Charta, and the Statute De Tallagio non concedendo, and that he was a Subject born under the King's Allegiance, and a Merchant of London using that Trade; and that the said Sum of Five Shillings six Pence upon every Hundred Weight of Currants, was and is malum Toletum; and not Antiqua seu Recta Consuetudo, and that it was imposed without Assent of Parliament. To which Plea Mr. Attorney-General demurred in Law, and the said Saomuel Vassall joined in Demurrer with him: and when the said Cause came to beargued, viz. in Trinity Term, in the Sixth Year of his Majesty's Reign, the said Sir Humphrey Davenport, being then Lord Chief Baron of his Majesty's said Court of Exchequer, did, contrary to his Oath, and contrary to the Laws of this Realm, and to the great impoverishment of the said Samuel Vassall, publickly refuse to hear the Counsel of the said Samuel Vassall to argue for him, and said, That the Case of the
said Samuel Vassall would fall under the same Rule, with the Case of one Bates, and therefore was already judged: and the Counsel of the said Samuel Vassall answering, that they had nothing to do with Bates his Case, but desired to argue for Mr. Vassall, the said Sir Humphrey Davenport, replied, That they knew the Opinion of the Court, and should be heard no further, and said, That the King was in Possession, and that they (meaning the said Court of Exchequer) would keep him in Possession: And the said Sir Humphrey Davenport, shortly after, did, together with the rest of the Barons of the said Court of Exchequer, imprison the said Samuel Vassall for not paying such Sums of Money as were pretended by the said Officers of the Custom-House, to be due to his Majesty; and did delay the said Samuel Vassall from time to time from having restitution of his said Goods, being often in Court moved thereto, with Intention to force the said Samuel Vassall to pay the said unlawful Imposition, and did also give his Opinion and Judgment upon the said Information for the King, and against the said Samuel Vassall, and by several Orders for that purpose made, did continue the Possession of the said Goods in the King; and the said Samuel Vassall, could never obtain any Restitution at all of his said Goods.
II. That whereas it was commanded to the Sheriff of the Country of York, by Writ under the Seal of his Majesty's Court of Exchequer, dated May 16. in the Seventh Year of his Majesty's Reign, that now is, that he should distrain James Maleverer, Esq; to appear before the Barons of his Majesty's said Court of Exchequer, in the Octaves of the Holy Trinity then next following, to make Fine to the King for his Trespass and Contempt in not coming to the presence of the King before the One and thirtieth day of January, in the First Year of his said Majesty's Reign, to take upon him the Order of Knighthood, according to the Form of a Proclamation in that behalf formerly made: at which day of the said Octaves of the Holy Trinity, the said James Maleverer did appear, and pleaded to the said Writs; That although his said Majesty, the said One and thirtieth day of January, was resident and remaining at his Palace at Whitehall, in the County of Middlesex; and that the said James Maleverer, the said One and thirtieth day of January, and three Days next before the said One and thirtieth day of January, was resident and remaining at Ancliffe in the said County of York, which is distant from the said Palace of Whitehall the space of One hundred and fourscore Miles; and that the said James Maleverer, the said One and thirtieth day of January aforesaid, or at any time before, had no Lands, nor Rents in his own Hands, or in the Hands of Feoffees, to his Use, out of the said County of York, and that that part of the said County of York, which is nearest to the said Palace of Whitehall, is distant from the said Palace of Whitehall, the space of One hundred and thirty Miles; and that no Proclamation, by virtue of any Writ of Proclamation, for the Appearance of any Persons whatsoever, to take the said Order of Knighthood, was made in any part of the said County of York, before the Thirtieth of January, in the said First Year of his Majesty's Reign; by reason whereof the said James Maleverer could not personally come to the presence of his said Majesty, to take the said Order of Knighthood, before the said One and thirtieth day of January, in the said First Year of his Majesty's said Reign; yet the said James Maleverer, for his Fine in the Premises, did humbly submit himself to the said Court, and demanded to be discharged of the said Issues, returned and imposed upon him by reason of the Premises: Yet notwithstanding the said Plea, and Submission of the said
James Maleverer; and after the same was made as aforesaid, and entred upon Record in his Majesty's said Court of Exchequer, and the said Court moved for stay of the Process, and discharge of the Issues; the said Sir Humphrey Davenport being then Lord Chief Baron of the said Court of Exchequer, contrary to his Oath, and contrary to the Laws of this Realm, and to the great impoverishing of the said James Maleverer, did, together with the rest of the then Barons of the said Court, refuse to impose any Fine whatsoever upon the said James Maleverer, and told him that the said Court had no Power to fine him, and that he must compound with certain Commissioners for that purpose appointed. And did farther order and direct several other Writs of Distringas, to issue forth of his Majesty's said Court of Exchequer, under the Seal of the said Court, directed to the several High Sheriffs of the said County of Tork; whereby the said Sheriffs were commanded further to distrain the said James Maleverer to appear as aforesaid: Upon which said Writs of Distringas, several great and excessive Issues were returned upon the Lands of the said James Maleverer, amounting to the Sum of Two thousand Pounds, or thereabouts; a great part whereof the said James Maleverer was inforced to pay: And in like manner, the said Sir Humphrey Davenport, together with the rest of the then Barons of the said Court of Exchequer, did order and direct such and the like unjust and undue Proceedings: And the said Proceedings were had and made accordingly against Thomas Moyser, Esq; and against several other Persons, his Majesty's Subjects, in several parts of this Realm, to the utter undoing of many of them.
III. That a Sentence of Degradation being given by the High Commissioners of the Province of York, against Peter Smart, Clerk, one of the Prebends of the Church of Durham, for a Sermon by him formerly preached against some Innovations in the Church of Durham; a Tryal was afterwards had, viz. in August, in the Seventh Year of his said Majesty's Reign, before the said Sir Humphrey Davenport, Knight, then one of the Judges of Assizes and Nisi prius, for the County Palatine of Durham, concerning the Corps of the Prebend of the said Mr. Smart; which was then pretended to be void by the said Sentence of Degradation; the said Sir Humphrey Davenport, contrary to his Oath, and contrary to the Laws of this Realm, and to the Destruction of the said Mr. Smart, upon reading the Writ de Heretico Comburendo, did publickly upon the Bench, in the presence of divers his Majesty's Subjects then attending, declare his Opinion to be, That the said Prebend's Place was void; and gave Directions to the Jury then at Barito find accordingly: And being then informed, that although the said Mr. Smart had been dead, or deprived, yet the Profits of his Prebend had been due to his Executors till the Michaelmas following; the said Sir Humphrey Davenport then answered, that though the said Mr. Smart was not dead, yet if he had had his Desert, he had been dead long ago, for he deserved to be hanged for the said Sermon; and that he was as wicked a Man as any lived in the World: Call him no more Mr. Smart, but plain Smart. And when the said Jury had found against the said Mr. Smart, the said Sir Humphrey Davenport, in scandal of his Majesty's Government and Justice, and of the Proceedings of his Majesty's Judges, did publickly, as aforesaid, speak words to this Effect, That the said Jury had done well, and that the said Smart had no Remedy, save by Appeal to the King; and there be should find but cold Comfort, for the King would not go against his own Prerogative, upon which the Judges and High Commissioners did depend, and therefore would not contradict one anothers Acts.
IV. That-the said Sir Humphrey Davenport, about the Month of November, Anno Domini 1635. then being Lord Chief Baron of his Majesty's Court of Exchequer, and having taken an Oath for the due Administration of Justice to his Majesty's Liege People, according to the Laws and Statutes of this Realm, subscribed his Name to an Opinion, in haec verba. [I am of Opinion, &c. ut supra.]
V. That in or about the Month of February, An. Dom. 1636. the said Sir Humphrey Davenport, then being Lord Chief Baron of the said Court of Exchequer, subscribed an Extrajudicial Opinion in answer to Questions, in a Letter from his Majesty, in haec verba.
[C. R. When the Good and Safety of the Kingdom is concerned, &c. ut supra.]
VI. That whereas an Action of Battery was brought by one Richard Legge, against Robert Hoblins; to which the said Robert Hoblins pleaded Justification de son assault de mesme; and the said Cause came to Tryal at the Assizes holden for the County of Gloucester, in Summer, 1636. before the said Sir Humphrey Davenport, then one of the Justices of Assize and nisi prius for that County. At the said Tryal, the said Robert Hoblins did begin to make Proof of his said Justification, and produced one Robert Tilly, a Witness in the Cause, who proved upon Oath that the said Richard Legge did make the first Assault upon the said Robert Hoblins; and that the Occasion thereof was, that the said Richard Legge and others, came upon the Lands then in Possession of the said Hoblins, and did take and drive away Eighteen Cows of the said Hoblins, pretending they had a Warrant from the Sheriff to distrain the same, for Forty Shillings, assessed upon the said Hoblins, for Ship-money: And when the said Hoblins (being present) endeavoured to hinder the said Legge and others, from taking away his said Cattel, the said Legge stroke the said Hoblins with a Staff; who after defended himself: That upon the opening of the Matter the said Sir Humphrey Davenport, would not suffer the said Hoblins to produce any more Witnesses on his behalf (though the said Hoblins desired that other of his Witnesses then present and sworn, might be heard) nor his Council to speak for him: But being informed, that the said Hoblins, (when Ship-money was demanded of him) answered, That he would not pay the same, because it was not granted by Parliament, the said Sir Humphrey Davenport, did then (openly in the hearing of a great number of his Majesty's Liege People then assembled, and attending the Court) in great Passion reprove the said Hoblins, and told him the King was not to call a Parliament to give him Satisfaction; and did then and there also falsely and of purpose, to prevent his Majesty's loving Subjects from the due and ordinary Course of Law, and contrary to his Oath and the Laws of the Realm, publish, declare and affirm, That it was adjudged by all the Judges of England, That Ship-money was due to the King, and directed the Jury, sworn in that Cause, to find a Verdict for the said Richard Legge: And the said Jury did accordingly, and gave him Twenty Pound Damages: And the said Humphrey Davenport, did then also without any Cause, imprison the said Robert Hoblins, and bound him to the Good Behaviour.
VII. That whereas in the Month of April, Decimo Sexto Caroli, the Officers of the Custom-House, having seized a Ship of one Samuel Warner's, laden with Tobacco, being the Goods of the said Warner, the Bulk of the said Ship not being broken, and no Information exhibited for the King, according to the Course of the Exchequer for any Duty, the Barons were moved, that the said Ship might be restored to the Proprietors;
giving security to pay such Duties as did belong to the King: But upon the Allegation of the King's Attorney, that there needed no Information, because there was no Penalty, the said Sir Humphrey Davenport, being then Lord Cheif Baron of his Majesty's Court of Exchequer, together with the rest of the then Barons of the said Court, did, contrary to his Oath, and contrary to the Laws of this Realm, deny the Restitution of the said Ship, unless all the Duties demanded by the Farmers of the Custom-house were first paid.
Hereupon the said Warner brought an Action of Trover in the Office of Pleas in the Exchequer, against the said Officers that seized his Ship and Goods: Whereupon the King's Attorney General exhibited an Information by English Bill in the Exchequer-Chamber, against the said Warner; setting forth, that Customs and Subsidies upon Merchandize, were a great part of the King's Revenue, and payable to him: And that the said Ship was seized for non-payment of the foresaid Duties; notwithstanding that the said Warner, then Proprietor, prosecuted the Officers upon a Suit at Law, and prays that he may answer the said Information before any further Proceedings be had at Law.
Thereupon the said Sir Humphrey Davenport, together with the then Barons of the said Court of Exchequer, ordered that the Proprietor moving for the delivery of the said Goods, should first answer to the Information; after which the said Warner demurred to the said Information, in regard no Title for any certain Duty was set forth by the Information: which Demurrer yet remains not over-ruled; but the said Sir Humphrey Davenport, with the said other Baron, without over-ruling the Demurrer, ordered, because Warner had put in a Demurrer, and not answered to the said Information, that he should not proceed upon the Action of Trover. The Proprietor being thus prevented of his Remedy by Action at Law, sued forth a Replevin; and upon pretence of viewing the said Goods, caused them to be brought forth out of a Cellar, hired by a Deputy to the Farmers for that use; and being brought forth, they were taken by the Sheriffs of London, by Virtue of the said Replevin; and upon Oath made of the manner of the taking, as aforesaid, before the Barons; and upon view of the President, in Roll's Case, the said Sir Humphrey Davenport, with the said other Barons, adjudged that the said Goods were not replevisable, and granted an Injunction to maintain Possession of them as they were before.
And the said House of Commons, by Protestation, saving to themselves only the Liberties of exhibiting at any time hereafter, any other Accusation or Impeachment against the said Sir Humphrey Davenport, and also of replying to the Answer, that he the said Sir Humphrey Davenport, shall make unto the said Articles, or any of, or of offering them Proof of the Premises, or any of their Impeachments or Accusations that shall be exhibited by them, as the Case shall (according to the Course of Parliaments) require, do pray that the said Sir Humphrey Davenport, Lord Chief Baron of his Majesty's Court of Exchequer, may be put to answer to all and every the Premises, and that such Proceedings, Examinations, Tryals and Judgments, may be upon every of them had and used, as is agreeable to Law and Justice.
Articles of the House of Commons, in the Name of themselves, and of all the Commons of England, against Sir Richard Weston Kt. one of the Barons of His Majesty's Court of Exchequer, Impeaching him as followeth.
The Articles against Baron Weston.
- I. That the said Sir Richard Weston, about the Month of November, An. Dom. 1635. then being one of the Barons of His Majesty's Court of Exchequer, and having taken an Oath for the due Administration of Justice to His Majesty's Liege People, according to the Laws and Statutes of this Realm, Subscribed his Name to an Opinion, in hac Verba. [I am of Opinion, &c. ut Supra, in Sir Robert Berkley's Charge.]
- II. That in or about the Month of February, An. Dom. 1636. the said Sir Richard Weston (being then one of the Barons of His Majesty's Court of Exchequer ) Subscribed an Extrajudicial Opinion, in Answer to Questions in a Letter from His Majesty, in hœc Verba.
- [C.R.When the Good and Safety of the Kingdom in General is Concern'd, &c. ut Supra.]
- III. That the said Sir Richard Weston (being then one of the Barons of His Majesty's Court of Exchequer ) did deliver His Opinion and Judgment, in the Exchequer Chamber, against John Hampden Esq; in the Case of Ship-Money; [That he the said John Hampden, &c. As in Judge Crawley's Charge.]
- IV. That whereas in the Month of April, 16 Caroli, the Officers of the Custom House, having seiz'd a Ship of one Samuel Warners, Laden with Tobacco, &c. [As in the Impeachment of the Chief Baron.]
And the said House of Commons by Protestation, saving to themselves only the liberty of Exhibiting at any time hereafter, any other Accusation or Impeachment against the said Sir Richard Weston, and also of Replying to the Answer that he the said Sir Richard Weston shall make unto the said Articles, or any of them, or of offering Proof of the Premises, or any of their Impeachments or Accusations, that shall be Exhibited by them, as the Case shall (according to the Course of Parliaments) require, do Pray, That the said Sir Richard Weston, one of the Barons of His Majesty's Court of Exchequer, may be put to Answer, &c.
Articles of the House of Commons, in the Name of themselves, and of all the Commons of England, against Sir Thomas Trevor Kt. one of the Barons of his Majesty's Court of Exchequer, Impeaching him as followeth.
The Charge against Baron Trevor.
- I. That in or about November, 4 Caroli, divers Goods and Merchandizes (whereof John Rolls, George Moor, and others, Merchants of London, were Proprietors) being seized and conveyed into certain Store Houses at the Custom-House, by Sir John Worstenham, Abraham Dawes, and others the Farmers and Officers of the Customs, and by them there detained, because the said Proprietors refused to Pay the Subsidy of Tonnage and Poundage, pretended to be due, and demanded bythe said Farmers and Officers, on his Majesty's behalf, for the said Merchandizes; whereas no such Subsidy or Duty of Tonnage
or Poundage was due or payable for the same, no Subsidy of Tonnage and Poundage having been Granted by Parliament to His Majesty. The said John Rolls, and other the Proprietors of the said Goods, having, by reason of such Unlawful Seisure and Detainure, as aforesaid, sued forth one or more Writ or Writs of Replevin, directed to the Sheriffs of London (being the proper Remedy provided by the Law, to regain the Possession of Goods taken, and with-held from the Owners contrary to Law) the said Sir Thomas Trevor Kt. then, and yet one of the Barons of His Majesty's said Court of Exchequer, together with the rest of the then Barons of the said Court, upon Information to them given, that the said Proprietors, or some of them, had Sued forth and did Prosecute such Writ or Writs of Replevin, for the delivery of the said Goods, did order an Injunction, under Seal of the said Court, to issue forth, directed to the Sheriffs of London, Commanding them thereby, not to Execute the said Writ or Writs of Replevin, or any like Writ thereafter to be sued forth, by any Person or Persons, for the delivery of any Goods in the like nature detained: And did Declare, and Order Publickly in the said Court of Exchequer, that the said Goods by Law were not Replevisable; Alledging for Cause, that the said Goods were in the King's own Possession; whereas the same did not Judicially appear to them, and they did well know, that the said Goods were at that time in the Possession of the Farmers and Lessees of the said Customs; and no Lawful Cause to them appearing, or suggested, of the taking and detaining of the said Goods. Which Injunction and Declaration so granted and made, were, and are against the Laws of the Realm, and in Subversion of the Common Right and Remedy of the Subject, for regaining the Possession of his Goods, being taken and with-holden from him without Lawful Cause.
That the Sheriffs of London for the Time being, served with the said Injunction, did forbear to Execute the said Writ or Writs of Replevin: By means whereof, the said Goods continued so detained as aforesaid contrary to Law, from the said Month of November, until the Month of June next following.
That the said Sir Thomas Trevor, and other the Barons aforesaid knowing the said Goods to be Unlawfully seized and detained, for the pretended Duties and Subsidy of Tonnage and Poundage, whereas to such was payable by Law, did from time to time delay the respective Proprietors, from having Restitution of their said Goods, being often in Court moved therein, with Intention thereby, to force the said Proprietors (by wanting their Goods, and the Use thereof) to Pay all such Sums, as the said Officers of the Customs pretended to be due to His Majesty.
That to the End aforesaid, the said Sir Thomas Trevor, and the said other Barons refused to accept of any Security, to be given by the said Proprietors, upon Restitution had of their Goods, for Payment of all such Duties as should be made appear to be payable to His Majesty, in such manner as the said Barons should direct.
That the said Sir Thomas Trevor, and other the Barons aforesaid knowing the said Sums demanded on His Majesty's behalf, by the said Officers of the Customs, not to be due by Law, did refuse to order Restitution of any part of those Goods, so detained as aforesaid, to the Propeietors thereof, unless the said Proprietors would deposite all such Summs of Money, as the said Officers respectively demanded of them for pretended Duties to His Majesty; and the said Proprietors refusing to deposite the said Sums demanded, the said Sir Thomas Trevor, and
other Barons aforesaid, did order the said Officers to detain double the Value of the Sums by them demanded, for pretended Duties to His Majesty, and to Restore the Residue; the said Sir Thomas Trevor, and other the said Barons, then knowing that the pretended Sums demanded by the said Officers, were not by Law due or payable to His Majesty.
- II. That in or about January, 4 Car. the said Officers having seized several Merchandizes, of the Goods of Richard Chambers, Merchant, upon the Pretence aforesaid, did detain the same; and the said Chambers Prosecuting by Plaint, to have his said Goods Replevied; the said Sir Thomas Trevor, together with the said other Barons, did in like manner, in the said Court of Exchequer, Declare the said Chambers his Goods not to be Replevisable; and enjoyned the Sheriffs of London, to proceed no further therein, no Cause to them appearing of such Seisure or Detainure. And the said Sir Thomas Trevor, and other the Barons of the said Court, refused to Order the delivery of the said Chambers his Goods, upon good Security offered by him, to pay all such Sums as should be made appear to be due; and for which the said Goods were pretended to be detained; and the said Barons being often moved in Court therein, did refuse to order Restitution of any Part of the said Chambers his Goods, until the 23. of November. 5 Car. and then Ordered, that the said Officers should detain in their Hands double the Value of the Sums by them Demanded, and Restitution of the Residue to be made to the said Chambers, no Cause of detaining any Part of the said Goods to them in any wise appearing.
- III. That whereas in the Month of October, in the Fourth year of His said Majesty's Reign, the Farmers and Officers of the Custom-House having seized great Quantities of Currans, being the Goods of Samuel Vassall Merchant, &c. [As before in the other Charge; and also the Business of Maleverer, as before.]
- IV. That the said Sir Thomas Trevor, about the Month of November, 1635. then being one of the Barons of His Majesty's Court of Exchequer, and having taken an Oath for the due Administration of Justice to His Majesty's Liege People, according to the Laws and Statutes of this Realm, Subscribed his Name to an Opinion, in hœc Verba. [I am of Opinion, &c. ut Supra.]
- V. That in or about the Month of February, An. Dom. 1636. (then being one of the Barons of the said Court of Exchequer ) he Subscribed an Extrajudicial Opinion, in Answer to Questions, in a Letter from His Majesty, in hœc Verba.
- [C.R. When the Good and Safety of the Kingdom in General is Concern'd, ut Supra.]
- VI. That the said Sir Thomas Trevor (being then one of the Barons of His Majesty's Court of Exchequer ) did deliver his Opinion and Judgment in the Exchequer-Chamber, against John Hampden Esq; in the Case of Ship-money. That he the said John Hampden, upon the Matter and Substance of the Case, was chargeable with the Money then in question: A Copy of which Proceedings and Judgment, the Commons in this present Parliament, have already delivered to your Lordships.
- VII. That whereas in the Month of April, 16 Carol. the Officers of the Custom-House, having seized a Ship of one Samuel Warners, Laden with Tobacco, &c. [As before:]
And the said House of Commons by Protestation, saving to themselves only the Liberties of Exhibiting at any time hereafter, any other Accusation or Impeachment against the said Sir Thomas Trevor, and also
of Replying to the Answer, that he the said Sir Thomas Trevor, shall make unto the said Articles or any of them; or of offering Proof of the Premises, or any of their Impeachments or Accusations, that shall be Exhibited by them, as the Case shall (according to the Course of Parliaments) require, do Pray, that the said Sir Thomas Trevor, one of the Barons of His Majesty's Court of Exchequer, may be put to answer to all and every the Premises; and that such Proceedings, Examinations, Tryals and Judgments, may be upon every of them had and used, as is agrecable to Law and Justice.
The rest of Mr. Hide's Speech against the Larons.
Your Lordships observe, That the Great Resolution in Ship-Money, was a Crime of so prodigious a Nature, that it could not be easily swallowed and digested by the Consciences even of these Men, but as they who are to Wrestle or Run a Race, by degrees prepare themselves by Dyet, and lesser Essays, for the main Exercise; so these Judges enter themselves, and harden their Hearts by more particular Trespasses upon the Law; by Impositions and Taxes upon the Merchant in Trade, by Burdens and Pressures upon the Gentry by Knighthood, before they could arrive at that Universal Destruction of the Kingdom by Ship-Money, which promised Reward and Security for all their former Services, by doing the Work of a Parliament to His Majesty in Supplies, and seemed to elude Justice, in leaving none to Judge them, by making the whole Kingdom Party to their Oppression.
My Lords, of this Crime these Three Judges seem to be at least equally Guilty; for however one of them, my Lord Chief Baron, is not Charged with that Judgment, in the Exchequer-Chamber, against Mr. Hampden, and how he failed in making his Conclusion from his own Premises, he only can inform you; your Lordships see how quickly he Repented, that that Mischief was done without him there, by his overtaking his Brethren in his Circuit; and as he said of the vilest kind of Flatterers, Crudelissimo servitutis genere, quod intrase abominabantur, palam laudabant; he made all possible haste to Redeem himself from that Imputation of Justice; and declared publickly in the Face of the Country, that it was adjudged by all the Judges of England, that Ship-Money was due to the King, though I believe he will be now glad to be thought none of those Judges, and what others did he well knew; and thereupon Imprison'd a Poor Man for doing that; which if Ship-Money had been due to His Majesty by Magna Charta, had been Lawful for him to have done. Of the Resolutions and Judgment it self, I am not to speak, your Lordships have passed your Noble Judgment.
My Lords, the First Charge in order is, That Presumptuous Decree against Mr. Rolls and others; and in truth whatever Gloss they put upon it, it is no other than a Plain Grant of the Subsidy of Tonnage and Poundage to His Majesty upon all Merchandize. After their Goods seized for Non-payment of that pretended Duty, the Proprietors brought Replevins (which is the Natural and Genuine Remedy, appointed by Law in Case of Property, and grounded upon Property) the Court Awards an Injunction to stay these Replevins: the Goods were in the King's Possession, and no Replevin would lie against the King. Truly, My Lords, the Injustice here is not so scandalous as the Fraud; we all know a Replevin (as no other Suit) lies against the King, if the Goods be in his own Hands, in his Bed Chamber; but to call a Seizure by the Farmers (of whose Interest this Court will not deny the Notice; and if His Majesty had any Right, they well knew he had transferred it to these Men) or the Ware-houses of the Customers, the King's Possession, to defeat the Subject of his proper Remedy, was the boldest Piece of Sophistry we have met with in a Court of Law Pardon me if I be transported: The Civilians say, Tutor Domini loco habetur, cunrem administrat, non cum pupillum spoiliat: The Office of Judges is to preserve and give Remedy for Right; here they found a Right, a known and unquestionable Right; yet instead of assisting, took away the Remedy, to preserve that Right. What shall we call these Judges? My Lords, in this Argument I am not willing to say much; 'tis enough that your Lordships know Tonnago and Poundage is not a Duty to the Crown, but a Subsidy, and so granted in Subsidium; sometimes pround vice tantum; sometimes for years, and then ceased when the Time did expire; that when it was first granted for Life, it was
with this Clause: Ita quod non trahatur in exemplum futuris Regibus. But'tis abundantly enough, that his Sacred Majesty cannot be tained with the Advices and Judgments of these Men, but looks on this Duty singly, as the meer Affection and Bounty of his Subjects; the which, no doubt, he shall never want.
My Lords, The next Charge is concerning Imposition; Mr. Vassall's Goods are seized for not paying Impost, which he conceived to be against Law; he is imprisoned, and Judgment given against him, without suffering him to be heard, upon point of Right, because it had been heretofore judged in Bates's Case: And yet these very Judges have not thought themselves so bound up by former Judgments, but that since this time they have argued a Case upon the same Point, which was adjudged in Hillary Term, in the 15 Eliz. and confirmed after by all the Judges of England in a Writ of Error in the Twenty first year of that Queen's Reign; 'tis Walsingham's Case: However the same Modesty seized them again, in the Case of a Noble Lord, not now present: Whether the King, without Assent of Parliament, may set Impositions upon the Wares and Goods of Merchants, is now no new Question; it hath been more than once debated in Parliament; and indeed whilst it was a Question, was /??/ittest for a Parliament. I will not trouble your Lordships long: 'tis now resolved, and nothing new can be said in this Argument; though I may have leave to say, if the King can by his Letters Patents, create such a Right to himself, and by a Legal Course recover that Right under such a Title, such Letters Patents are in no degree inferiour to an Act of Parliament; to recon/??/ile such a Power in the Prince, and the Property of the Subject, that the one must not be destructive to the other, will require a much greater, a subtler Understanding than I pretend to. But, my Lords, I do not think the Judgment on this Point, to be so great a Crime in these Judges, as that they presumed to judge at all; the matter had been long debated in Parliament undetermined, and therefore not within the Cognizance of an Inferiour Court; had it not been /??/cue that Fortescue says in his 36 Chapter of the Laws of England: Neque Rexer se aut Ministros suos, Tallagia, Subsidia, aut quœvis onera alia imponit, &c. fine /??/ncessione vel assensu totius Regni sui in Parliamento suo expresso, &c. If the Statute /??/ Tallagio non Concedendo; if the thirtieth Chapter of Magna Charta, and all /??/e other Statutes to that purpose be not clear in the Point, they might easily have apprehended so much weight, so much difficulty in the Question (especially) since in all our Law Books, not so much as the Word Imposition is found, until the Case in my Lord Dyer of I Eliz.fol.163.) that they might very well have suspected themselves to be no Competent Judges for that Determination; and I hope by the Experience of this Parliament, the Judges will recover that ancient Modesty, to believe that some Cases may fall out that may not be properly within their Jurisdiction. In the ninth Year of Edw. 2. ('tis in the Parliament Rolls) it being found by an Office, after the Death of Gilbert de Clare, /??/arl of Gloucester, that his Sisters were his Heirs, nist Comitissa Gloucestriœ esset/??/egnans, the Question was, Whether the King might grant the Heirs their Liberty in Prejudicium Impregnatura: This was conceived Negotium novum & difficulte; and the King having commanded the Chancellor and Judges to deliver their Opinion in Writing; they returned, Quod non Audebant Dictum Negotium /??/sinire, nec Domino Regi Consulere fine consensu Magnatum, propter raritatem & difficultatem: Whereupon Day was given to the Parties, ad proximum Parliament/??/m. And your Lordships well know the special Care that is taken by the State of 14 Edw. 3. Cap. 5. that such Matters, as for the difficulty, are not fit/??/or the Judges; or through eminent Delay, are not dispatched by the Judges, shall be determined in Parliament: not such matters as the Parties concerned, /??/ad rather venture on your Lordships Judgments, than upon the Rules, and proceedings of the Law. (God knows what Mischief and Confusion may fall /??/ut upon that Admission.) There must be such Difficulty, such Delay, before /??/at Statute meant your Lordships Justice should be concerned in the Resolution. I with these Gentlemen had thought this Business a matter of that Difficulty as had been fit for such a Delay.
My Lords, We come next to the Charge concerning Knighthood. Mr. Ma/??/verer appears upon the Process of that Court, pleads and submits to his Fine: /??/onit se in gratiam curia: The Barons refuse to impose any Fine; they had no power to do that; he must treat with certain Commissioners appointed for that
purpose, and compound with them. Your Lordships have not met in the same Men such Contradictions of Crimes: Who would suspect the same Men in one Charge, to have the Mettle to usurp the Power, and exercise the Jurisdiction of the Highest Court, the Court of Parliament, and presently to want the Spirit to do that which was so restrained and peculiar to their Places to have done, as that none else could do it? They had no Power to fine; as if the whole Business of sworn Judges in a Court of Law, were to summon and call Men thither, and then to send them on Errands to other Commissioners for Justice. 'Tis true, the Commissions of IEdw. 2. to Tiptosse and Berk, and since to others, were and have been to compound with those who desired to compound, not otherwise. They had no power to compel any, to fine any; that Trust, by Law, was and is only in the Judges. So that if this Duty were a Right to his Majesty, and the Persons liable, refuse to compound, for ought these Judgescan do, the King must lose this Duty: they can impose no Fine, only they have found a trick, which they call the Course of the Court, to make his Majesty a Saver. Appear while you will, plead what you will, submit to the Mercy of the Court, Issues shall go on still, as if you did neither, till you have done somewhat that the Court will not order you to do, nor is bound to take notice of when you have done; your Lordships will help us out of this Circle? And that you may see how uncapable they are of any Excuse in this point, the very Mittimus out of the Chancery gives them express command amongst other, things, Ut fines omnium illorum qui juxta Proclamationem pradict. ordinem ante pradict. diem suscepisse debuerant, Capiatis, &c. 'Tis only worth your Lordships observation: This Misfortune commonly attends (and may it ever) those obsolete, disused Rights, that be the thing in it self in a degree lawful, the Advisers and Ministers of it so fail in the Execution, that, as it usually proves as grievous to the Subject, so by some Circumstances it proves as penal to the Instruments, as if it were in the very Nature of the thing, against all the Laws of Government.
I have wearied your Lordships: You see in what a dress of Injustice, Subtilty and Oppression I am very unwillingly compelled to present these Judges to you. If they appear to your Lordships under any other Character, of known and confessed Learning in the whole Course of their Lives, how far that will aggravate their Fault, your Lordships must only judge; if under the excuse of Ignorance, or not much Knowledge in the Duty of their Places, your Lordships will easily conclude, what infinite Mischief, of which your Lordships have no particular Information, the Subjects of this Kingdom have suffered in their Lives, in their Fortunes, under such Ignorance and Presumption. If under the Reputation of Prudence and Integrity in all Cases, except these presented to your Lordships; your Lordships will be at least of the same Opinion, that he of Lacedamon was of the Athenians, if they carried themselves well, when time was, and now ill, they deserve a double Punishment; because they are not Good, as they were, and because they are Evil, as they were not.
My Lords, If the excellent, envied Constitution of this Kingdom, hath been of late distempered, your Lordships see the Causes: If the sweet Harmony between the King's Protection and the Subjects Obedience, hath unluckily suffered Interruption: If the Royal Justice and Honour of the best of kings hath been mistaken by his People: If the Duty and Affection of the most Faithful and Loyal Nation, hath been suspected by their Gracious Sovereign: If by these Misrepresentations, and these Misunderstandings, the King and People have been robb'd of the Delight and Comfort of each other, and the blessed Peace of this Island been shaken and frighted into Tumults and Commotion, into the Poverty, though not into the Rage of War, as a People prepared for Destruction and Desolation: These are the Men that actively or passively, by doing or not doing, have brought this upon us: Misera servitus falso pax vocatur: ubi Judicia deficiunt, incipit Bellum.
My Lords, I am commanded by the House of Commons, to desire your Lordships, that these Three Judges may be speedily required to make their Answers to these Impeachments, and that such further Proceedings may be had against them, as the Course and Justice of Parliament will admit.
At the same time Mr. Hollis made a Speech in the behalf of Sir Randal Crew, sometimes Lord Chief Justice of the King's-Bench, but removed for his Opinion against Loan-Money, desiring his Majesty might be moved for his restoring.
Mr. Hollis's Speech concerning Sir Randal Crew.
These Gentlemen have represented unto your Lordships the said Object of Justice perverted, Liberty oppressed, Judgment turned into Wormwood, the Laws, which should be the Bars of our Gates to protect us, keep us, and all that is ours in Safety, made Weak and Impotent, to betray us into the Hands of Violence, instead of Props to support us, become broken Reeds to deceive us, and run into our Sides, when we lean upon them, even so many Snares to entrap and entangle us.
And all this by the Persidiousness of those who are entrusted with our Laws, who call themselves the Guardians, and the Interpreters of the Law, but by their accursed Glosses, have consounded the Text, and made it speak another Language, and another Sence, than ever our Ancestors, the Law-makers, intended.
Our Ancestors made Laws to keep themselves and their Posterity after them in the Possession of their Estates; these Judges could make the Law it self rob us and despoil us of our Estates: Were we invaded and persecuted at any time for pretended Crimes, or rather because we were free from Crimes? And did we put our selves upon a Legal Defence, and shelter our selves under the Buckler of the Law, use these lawful Weapons which Justice and Truth, and the common Right of the Subject did put into our Hands, would this avail us? These Judges would make the Law wrest our Weapons from us, disarm us, take away all our Defence, expunge our Answers, even bind us Hand and Foot, and so expose us naked and bound to the Mercifulness of our Oppressors. Were our Persons forced and imprisoned by an Act of Power, would the Law relieve us when we appealed unto it? No, it would join Hands with Violence and Bitterness to our Sorrow. These Judges would not hear us when we did Cry; no Opportunity could get a Habeas Corpus; nay, our Cries would displease them, and they would beat us for Crying, and over-do the unjust Judge in the Gospel, with whom yet Importunity could prevail.
My Lords, The Commons of England finding themselves in this lamentable Condition by the Wickedness of these Judges, it is no wonder that we complain of them: It is no wonder if the Knights, Citizens, and Burgesses assembled in Parliament, have sent up some of their Members to stand upon Mount Ebal, to curse these Judges; to denounce a Curse upon them who have removed our Land-marks, have taken the Bound-Stones of the Propriety of the Subject, have left no Meum and Tuum; but he that had most Might had most Right, and the Law was sure to be of his Side.
It hath been the part of these Gentlemen before, to pray for Justice upon these Men, who would not do Justice to others. My Lords, I come upon another Errand, and yet for Justice too, for there is Justice upon Mount Gerizim as well as upon Mount Ebal. It is a great point of Justice upon Mount Gerizim as well as upon Mount Ebal. It is a great point of Justice to give a Blessing and Reward where it is due. For Reward and Punishment, Prœmium & pœna, be the two Legs that Justice walks on, and Reward is her right Leg, the more noble and the more glorious Supporter of that Sacred and Divine Body, that which God himself, the Foundation of Justice, doth more delight in.
Tardior ad pœnas Dens est ad prœmia velox.
Punishment is good as Physick in the Consequence, Reward as wholsom and nourishing Food in the Essence; the one we do, because we must do it as Necessary; the other because we love to do it, as being pleasing and delightful. Your Lordships then, I doubt not, will as willingly joyn with the Commons in doing Good to a good Judge, as in punishing of the Bad.
My Lords, We honour them, and reckon them Martyrs for the Common-wealth, who suffer any thing by defending the common Right of the Subject, when they will not part with their own contrary to Law; when indeed their private Interest goes along with it, or rather before it; and the publick Concernment seems to come but in a second place; such were those many whom these Judges have oppressed: Yet these Men we magnifie, and judge worthy of Praise and Reward.
But what Honour then is he worthy of, who meerly for the Publick, hath suffered himself to be divested and deprived of his Particular; such a Judge as would lose his Place rather than do that which his Conscience told him was prejudicial to the Commonwealth; Is not he worthy of double Honour?
And this did that worthy reverend Judge, the Chief Judge of England at that time, Sir Randal Crew; because he would not, by subscribing, countenance the Loan in the first Year of the King, contrary to his Oath and Conscience, he drew upon himself the Displeasure of some great Persons about his Majesty, who put on that Project, which was afterwards condemned by the Petition of Right, in the Parliament of the 3d. as unjust and unlawful, and by that Means he lost his Place of Chief Justice of the Kings-Bench, and hath these fourteen Years, by keeping his Innocency, lost the Profit of that Office, which upon a just Calculation, in so long a Revolution of Time, amounts to 26000l. or thereabouts.
He kept his Innocency, when others let theirs go, when himself and the Commonwealth were alike deserted, which raises his Merit to a higher Pitch: For to be honest when every Body else is honest, when Honesty is in Fashion, and is Trump, as I may say, is nothing so Meritorious; but to stand alone in the Breach, to own Honesty when others dare not do it, cannot be sufficiently Applauded, nor sufficiently Rewarded; and that did this good old Man do in a Time of general Desertion, he preserved himself pure and untainted.
Temporibusq; malis aususes esse bonus.
My Lords, The House of Commons are therefore Suitors unto your Lordships to joyn with them in the Representation of this good Man's Case unto his Majesty, and humbly to beseech his Majesty to be so Good and Gracious unto him, as to give him such Honour (the quality of his Case considered) as may be a noble Mark of Sovereign Grace and Favour, to remain to him and his Posterity, and may be in some measure a proportionable Compensation for the great Loss he hath with so much Patience and Resolution sustained.
July 7. Letter from Gen. Lesley.
This Day the Earl of Holland, Lord-General, communicated a Letter to the House of Lords, from General Lesley, Dated at Darlington in the County of Durham, the 2d Instant, Declaring his Resolution, with all possible Diligence, to move the Army Northwards; and that their retiring should be so as to take away all Jealousie from the English Army of their abode in that part of the Country, and that he hoped such a sure Ground was laid, That all the Enemies to his Majesty's three Kingdoms would have as much cause to fear the ill Effects as to them of their Union, as they had matter of rejoicing at the too long Discord between them.
Manifesto. touching the Elector Palatine, read July 7.
The Manifesto touching the Prince Elector Palatine was read, and a Committee appointed to search the Journal 21 Jacobi, and 1 Car. to see what they can find concerning the restoring of the Prince Elector Palatine to his Right and Possessions, and to present to the House, whatsoever they find worthy the Knowledge of this House touching this Matter.
Patents for Projects.
That a Warrant issue forth to the Clerk of the Crown, or other Officers whatsoever, forthwith to return to the House a Catalogue of all such Patents concerning Projects as have passed since 1 Car.
A Bill to secure the Subject from unlawful Restraint, July 8.
A Bill for the securing of the Subjects of this Realm from unlawful Restraint, Imprisonment, &c. by Lords, and others of the Privy Council, or other Officers, read the first time.
Report was made concerning Breach of Priviledge, 3 Car. in reference to Mr. Hollis, Mr. Selden, Sir John Elliot, &c.
Report made of Breach of Priviledge 3 Car.
Resolved, That the issuing out of the Warrants from the Lords and others of the Privy-Council, compelling Mr. Hollis, and some other Members of that Parliament, 3 Car. (during that Parliament) to appear before them, is a Breach of the Priviledge of Parliament by those Privy-Counsellors.
Resolved, That the committing of Mr. Hollis and the rest, by the Lords and others of the Privy-Council, during that Parliament, is a Breach of the Priviledge of Parliament by those Lords and others.
Resolved, That the searching and sealing of the Chamber, and seizing of the Papers of Mr. Hollis, Mr. Selden, and Sir John Elliot, being Members of this House, during that Parliament, and issuing of Warrants to that purpose, was a Breach of the Priviledge of Parliament.
Resolved, That the exhibiting of an Information in the Court of Star-Chamber, against Mr. Hollis and the rest, for Matters done in Parliament, being Members of that Parliament, and the same so appearing in the Information, is a Breach of the Priviledge of Parliament.
Resolved, That Sir Rob. Heath, Sir Hum. Davenport, Sir Henneage Finch, Mr. Hudson, Sir Rob. Berkley, that subscribed their Names to the Information, are guilty thereby of the Breach of the Priviledge of Parliament.
Resolved, That there was Delay of Justice toward Mr. Hollis and the rest that appeared upon Habeas Corpus, in that they were not bailed in Easter and Trinity Term, 5 Car.
Resolved, That Sir Nicholas Hide, Lord Chief-Justice of the King's Bench, is guilty of this Delay.
Resolved, That Sir James Whitlock, then one of the Justices of the Court of King's-Bench, is not guilty of this Delay.
Afterwards, on July 8. these further Resolves were made.
Resolved, That Sir George Crook, Knight, one of the Judges of the King's-Bench, is not guilty of this Delay.
Information Banco Regis against Mr. Hollis, Mr. Selden, &c.
Resolved, That the Continuance of Mr. Hollis and the rest of the Members of Parliament, 3 Car. in Prison, by the then Judges of the King's-Bench, for not putting in Sureties to the good Behaviour, was without just or legal Cause.
Resolved, That the exhibiting of the Information in the King's-Bench against Mr. Hollis, Sir John Elliot, and Mr. Valentine, being Members of Parliament, was a Breach of the Priviledge of Parliament.
Resolved, That the over-ruling of the Plea pleaded by Mr. Hollis, Sir John Elliot, &c. upon the Information to the Jurisdiction of the Court, was against the Law and Priviledge of Parliament.
Resolved, That the Judgment given upon a Nibil dicit, against Mr. Hollis, Sir J. Elliot, &c. and their Fine thereupon set, and their several Imprisonments thereupon, was against the Law and Priviledge of Parliament.
Resolved, That Mr. Hollis, Mr. Stroud, Mr. Valentine, and Mr. Long, and the Heirs and Executors of Sir John Elliot, and Sir Miles Hubbard, respectively, ought to have Reparation for their respective Damages and Sufferings, against the Lords and others of the Council, by whose Warrant they were apprehended and committed, and against the Council that put their Hands to the Information in the Star-Chamber, and against the Judges of the King's-Bench.
Mr. Whitacre committed to the Tower.
Resolved, That Mr. Laurence Whitacre, a Member of this House, be sent to the Tower, for searching the Trunks of Sir John Elliot, and for seizing and carrying away his Papers: And Mr. Whitacre kneeling at the Bar, was accordingly committed to the Tower.
No Ambassador to protect any Natives, Priests or Papists. July 8. Cessation.
This House doth declare, That no Foreign Ambassador whatsover ought to shelter or harbour any Popish Priest, or Jesuit, that are Natives of the King's Dominious, under Pretence of being their Servant, or otherwise; and the Committee of this House for the Ten Propositions, shall present this to the Lords, to petition his Majesty therein.
Resolved, That a Cessation of Arms with the Scots, be agreed unto on the former Terms, if the Treaty so long last.
Bishops Lands to be put into Feoffees Hands. July 9.
Some Debate the House had this Day upon the Bill against Episcopacy, concerning Bishops Lands, that they might be put into the Hands of Feoffees, Nine of the Laity, and Three of the Clergy in every Diocess; and the rest of the Lands belonging to Deans and their Dependants, to be employed for the Advancement of Learning; and the Bishops to have competent Allowance during their Lives.
It was likewise proposed, That these Feoffees should have Power to exercise all Ecclesiastical Jurisdiction within this Kingdom, as shall be ordered by Act of Parliament.
Two Regiments alreadydisbanded Popish Priests.
Mr. Capel reports, That the Regiment at Hull, and Colonel Vavasor's are already disbanded.
One Williams a Popish Priest, brought before the House, was committed to the Gate-House, and a Warrant issued out against another Priest in London.
Protestation protested. July 10. Bishops, Mond. July 12. Notice to the Lord Digby to attend a Report to be made against him.
Ordered, That the Book entituled, The Protestation Protested, be referred to the Committee for Printing.
Upon a further Debate of the Bill against Bishops, instead of the Words [Competent Allowance ] it was ordered, That the Bishops, Deans, &c. shall have a liberal Allowance during Life.
The Sergeant-at-Arms gives an Account, That he had given Intimation to the Lord Digby, That Sir John Evelin was this Day to make his Report concerning the publishing in Print, a Speech of his, spoken upon passing the Bill of Attainder against Thomas Earl of Strafford.
That no Member print his Speech. Speech of the Lord Digby voted to be untrue and scandalous, July 13.
Resolved, That no Member of this House shall either give a Copy, or publish in Print, anything that he shall speak here, without Leave of the House.
Resolved, That the Lord Digby's Speech contains within it matters untrue and scandalous, as they have reference to the Proceedings of the Committees of the Lords House and to the Committees of this House, and to the Evidences of the Witnesses produced in that Case; and that the publishing of that Speech, after a Vote passed in the House upon the said Bill, and Offence taken to it, and the same questioned in the House, is Scandalous to the Proceedings of this House, and a Crime.
Sir Lewis Dives, a Delinquent for printing the said Speech. The Speech to be burnt by the Hangman. That no Honour be conferred on the L. Digby. Forests Bill to be ingrossed. Bishop of Ely, Sir Thomas Widdvington to manage the Conference. Queen to stay her Journey.
Resolved, That Sir Lewis Dives, and Mr. John Digby, are both Delinquents in the publishing and printing the Speech of George Lord Digby.
That the Speech shall be burnt in the New Palace at Westminster, Cheapside, and Smithfield, and this to be done by the Hands of the Common Hangman.
That both Houses do move his Majesty to forbear to confer any Honour or Imployment upon the Person of George Lord Digby, who hath deserved so ill of the Parliament.
Mr. Palmer reports the Bill of Forests, reducing them to ancient Limits and Bounds; which was ordered to be ingrossed.
The Articles against the Bishop of Ely being ingrossed, were read.
Sir Thomas Widdrington was ordered to manage the Conference concerning the Bishop of Ely.
The House of Commons receiving a Report of the Queen's Desire to go to the Spaw for the Recovery of her Health (which her Majesty alledged was much impaired by some Discontents of Mind, and false Rumours and Libels spread concerning her) they fell into Debate thereupon, and
desired a Conference with the Lords, who did agree with the Commons, to desire his Majesty to perswade the Queen to stay her Journey into Holland: And that a Committee of both Houses may attend for that Purpose.
Hereupon the King declares, That he will give both Houses a Meet-this Day in the Banquetting-House, about the Queen: At which time these Considerations; following, for stay of the Queen's Journey, were presented to his Majesty, viz.
Considerations to be offered to stay the Queen's Journey.
- I. There is great Cause to doubt, lest the Papists have some Design upon her Majesty's Journey; because the House hath been informed, that divers of them have sold off their Lands to a good Value, and used other Means to get ready Money. 2. It is observed some of them have been very diligent, gathering great Quantities of Gold. 3. It is informed, that more than an ordinary Number of Papists are gone beyond Sea already, and those of the better Sort.
- II. The great Number of English Fugitives now beyond the Seas, who by their late Designs and Practices are known to be full of Malice to the State, and will, no doubt, seek all Opportunities of Access to her Majesty; and, as much as they can, labour to infuse into her such Evil Counsels, as may trouble the Peace of the Kingdom, whereof at this Time there is more Danger, because the Affairs of the Kingdom are not yet fully settled; and upon disbanding of the Army, all Parts will abound with Soldiers, and such others as will be apt to be provoked to Tumults and Seditions, especially in the Time of the King's Absence in Scotland.
- III. That the House of Commons have received Informations of great quantity of Treasure, in Jewels, Plate, and ready Money pack'd up, to be convey'd away with the Queen; not only in such a Proportion as the present Occasions, with due Respect to her Majesty's Honour, may seem to require; but a far greater Quantity; and that divers Papists and others, under Pretence of his Majesty's Goods, are like to convey great Sums of Money and other Treasure beyond the Seas; which will not only impoverish the State, but may be employed to the fomenting of some mischievous Attempts, to the trouble of the Publick Peace.
- IV. That as it will be a great Dishonour to the State, if her Majesty should not be attended and furnish'd suitable to her Quality, so it will be a very heavy Burden in this Time of great Necessity, and Occasions of other publick Charges, if she shall be provided in so Royal a Manner, as shall be fit for her Majesty, and the Honour of the King and Kingdom.
- V. That because we understand by Sir Theodore Mayern, that the chief Cause of her Majesty's Sickness and Distemper, proceeds from the Discontent of her Mind, the House of Commons hath thought good to declare, That if any thing within the Power of Parliament may give her Majesty Contentment, they are so tender of her Health, both in due Respect of his most Excellent Majesty and her self, that they will be ready to further her Satisfaction in all Things, so far as may stand with the Publick, to which they are obliged.
- V. That the Commons conceive it will be some Dishonour to this Nation if her Majesty should, at this unseasonable Time, go out of the Kingdom upon any Grief or Discontent received there; and therefore we shall labour by all good Means, to take away and prevent all just Occasions of her Majesty's Trouble, in such manner as may further her Content, and there in her Health; which will be a very great Comfort and Joy to our selves, and the rest of his Majesty's loving Subjects.
Upon these Reasons, his Majesty being well satisfied, desired they would take a convenient Time to satisfie the Queen concerning it.
The Queen gives Thanks to both Houses of Parliament.
And her Majesty soon after sent a Message to both Houses, to the Effect following, viz.
'I give many Thanks to both Houses of Parliament, for their Care of my Health, and their Affection to my Happiness: I hope I shall see the Effect of it. Truly, nothing but my Health could have made me resolve on this Journey; and if I thought I could serve the King and this Kingdom with the hazard of my Life, I would do it. And I hope you believe I have so much Interest in the Good of this Kingdom, that I shall never with any thing to the Prejudice of it.
Both Houses afterwards, by a Committee of Six Lords, and Twelve of the Commons, made an humble Address to her Majesty, and returned Thanks to her Majesty for this Gracious Message; declaring, That they have with very much Comfort and Thankfulness received that Gracious Message, whereby your Majesty hath been pleased to declare your Resolution to stay your intended Journey at their humble Desire; which, they hope, will be no Prejudice for the Recovery of your Health, but rather an Advancement of it, by that Contentment which you will receive from the continual Expressions of their Affection and Zeal for your Service; and their Endeavours shall concur in all Things to your Majesty's Welfare and Prosperity.
July 17. Lord Chamberlain and Lord Mowbray sent to the Tower.
A Committee of Lords sitting this Day, touching the Priviledges of Parliament, a great Controversie, or falling out in Words, happen'd between the Earl of Pembroke, Lord Chamberlain, and the Lord Mowbray: Upon which, the Committee rising, Complaint was made to his Majesty, and they thereupon both confined to their Chambers; and the next Day, upon the hearing of the Matter in the House, they were both committed to the Tower. The Earl of Pembroke about a Week after, by his Petition to the House of Lords, made his Submission, and desired that he might be discharged of his Imprisonment, and have leave to retire into the Country to live privately. And soon after, both he and the Lord Mowbray were discharged; and the Earl of Pembroke took his leave of the Court.
That no Ambassador retain any Priest that is a Native. July 17.
A Message from the King, That his Majesty thinks sit, that all Ambassadors should have it declared unto them, in his Majesty's Name, that they retain no Priest Native in any of his Majesty's Dominions, That the Priest now apprehended, belonging to the Venetian Ambassador, do depart the Kingdom, and not return again at his Peril: This Favour his Majesty thinks sit to shew, because the Ambassador is ignorant of the Laws of the Land.
Mond July 19 Inigo Jones, and St Gregory's Church Bill against John James, who stabb'd Heywood. July 20.
The Charge ingrossed against Inigo Jones upon the Complaint of the Parishioners of St. Gregory's, (being employed to pull down St.Gregory's Church, near Paul's ) was read.
The Report was made of the Bill for Forfeiture of the Lands of John James, who stabbed Mr. Heywood, and the further Punishment of him, deferred to another Time.
The Articles of Impeachment against Bishop Wren, were carried up to the Lords, and a smart, aggravating Speech made at the Delivery of them, by Sir Thomas Widdrington.
Articles of Impeachment against Matthew Wren, Doctor in Divinity, late Bishop of Norwich, and now Bishop of Ely.
That the said Matthew Wren, being Popishly and Superstitiously affected, did, at his first coming to be Bishop of Norwich, which was in the Year 1635, endeavour by sundry Ways and Means to suppress the powerful and painful Preaching of the Word of God, did introduce divers Orders and Injunctions, tending to Superstition and Idolatry, did disturb and disquiet the orderly and settled Estate of the Ministers and People, and Churches of that Diocess, to the great Prejudice of his Majesty, the great Grief and Disquiet, and hazard of the Estates, Consciences, and Lives of many of his Majesty's Loyal Subjects there, to the manifest bringing in and encreasing of Prophaneness, Ignorance and Disobedience in the common People, as by the Particulars ensuing may appear.
- I. Whereas many Chancels of Churches, during all the Time of Queen Elizabeth, King James, and of his Majesty that now is, had laid and been continued even and flat, without any Steps ascending towards the East end of the same, and are by the Rubrick in the Book of Common-Prayer, ordered to continue as they were, and so ought to have continued; he, of his own Mind and Will, without any lawful Warrant or Authority, in the Year 1636, being then Bishop of Norwich, ordered and enjoined, that the same should be raised towards the East end, some two, some three, some four Steps, that so the Communion-Table there placed Altarwise, might be the better seen of the People.
- II. He in the same Year 1636, ordered, That the Communion-Table, which is appointed by the said Rubrick, at the Time of the Celebration of the Holy Communion, to be placed in the Body of the Church or Chancel, where Divine Prayers are usually read, and where the People might best hear, should be set up close under the Wall at the East end of the Chancel, Altarwise, and not to be removed from thence; whereby the Minister, who is by the Law to officiate at the North side of the Table, must either stand and officiate at the North end of the Table so standing Altarwise, or else after the Popish and Idolatrous Manner' stand and officiate at the West side of the Table, with his Back towards the People.
- III. He in the same Year 1636, enjoined that there should be a Rail set on the top of the new raised Steps before the Communion-Table, so set Altarwise as aforesaid, which Rail should reach from the South side of the Chancel to the North within, which the Minister only should enter, as a Place too Holy for the People, and some of the People were punished for entring into it, as namely, Daniel Whayman, and others.
- IV. The more to advance blind Superstition, he in the same Year 1636, ordered that all the Pews in the Churches should be so altered, that the People might kneel with their Faces Eastward, towards the Communion-Table so set Altarwise, as aforesaid; and that there should be no Seats in the Chancel above, or on either side, even up with the said Table.
- V. He in the same Year 1636, enjoined that every Minister, after he had finished the reading of some part of Morning-Prayer at the Desk, should go out from the same to the Holy Table, set Altarwise, as to a more holy Place, and there, when no Communion was to be administred, read at the said Table a part of the Communion-Service, now commonly called the second Service, whereby the Consciences, both of the Ministers and People, have been not only very much offended and grieved, but also the Service it self was made very unprofitable to the People, who could not hear what was said or prayed in that Place.
- VI. That both he in his own Person, his Chaplains, and others of the Clergy; as namely, Mr. John Nowel, Mr. William Guest, Mr. John Dunckon, and others, following his Example, did ever, after the Table was so set Altarwise, use and perform such, so many, and so frequent Bowings, and Adorations, Examples, to draw others to the like superstitious Gestures, as have given great Scandal and Offence to the Sound, Sincere, and Well-affected Christians.
- VII. He in the said Year 1636, enjoined all the People to come up to the Rail to receive the Holy Communion, and there kneel and do Reverence before the Holy Table placed Altarwise, and gave Directions to the Ministers, not to Administer the Communion to such People as should not so come up, and do such Reverence as aforesaid; and that the Minister should within the Rail deliver the Bread to such People only as should so come up and kneel before the said Table as aforesaid; This was an Offence to the Consciences of many good People, who for fear of Idolatry and Superstition, durst not come to kneel at the said Rail before the Table so placed Altarwise; and many People not coming up thither, though Presenting themselves upon their Knees in Chancel, have not had the Communion delivered unto them; and afterwards for not receiving have been Excommunicated; as namely, John Shyming, Samuel Dunckon, Peter Fisher, Thomas Newton, Edward Bedwell, Edmund Day, John Frowar, and many others.
- VIII. He did in the same Year 1636, enjoin and command, that there should be no Sermons on the Lord's Day in the Afternoon, or on the Week Days at all, without his License; and also enjoined that there should be no Catechising; but only such Questions and Answers as are contained in the Book of the Common-Prayer, not allowing the Ministers to expound or open the Points of the same to the People: He and his Under Officers affirming in publick Places that such an Exposition might be as ill as a Sermon; and the more to hearten and confirm the People in prophaning the Lord's Day, he enjoined the Ministers to read publickly in their Churches, a Book published touching Sports on the Lord's Day; for not reading whereof, some Ministers were by the Command and Directions of the said Bishop, Suspended, viz Mr. William Leigh, Mr. Richard Proud, Mr. Jonathan Burr, Mr. Matthew Brownrigg, Mr. Mott, and divers others; some deprived, Mr. Powell, Mr. Richard Raymond, Mr. Jeremy Burrowes, and some otherwise troubled; by all which, Knowledge was suppressed, and Ignorance and Prophaneness introduced in that Diocess.
- IX. There having been formerly two kinds of ringing of Bells, and calling People to the Church in that Diocess, viz. one kind when there were only Prayers to be read, and another kind when there were both Prayers to be read and a Sermon preached, whereby the People did apply themselves to the Service of God in those Places, where both Prayers and Preaching was to be: He, to hinder the People in their good Desires in serving of God, and edifying their Souls, did in the same Year 1636, command and enjoin, that there should be no Difference in ringing of Bells to Church when there was a Sermon, and when there was none.
- X. Whereas many godly Ministers, for the preventing of the great Sin in the People of unworthy receiving of the Holy Communion of the Lord's Super, did use to preach two or three Days before every Communion, a Preparation Sermon, to prepare and instruct the People in the right and worthy receiving of the Communion he the said Bishop did, in the said Year 1636, forbid Ministers to preach any such Preparation Sermon in that Diocess; as namely, Mr. Devereux, Mr. Swan, and other Ministers.
- XI. Whereas all godly Ordinances are sanctified and made fruitful by the Blessing of God upon them by Prayer, he endeavouring to suppress the Benefit and Power of Prayer in the Year 1636, enjoined, that no Minister should use any Prayer before his Sermon, but move the People to pray only in the Words of the Fiftieth Canon, made Anno 1603, which Canon was not warranted by the Law, and that no Prayer should be used before or after the Sermon; and he in his own Person having been at the Sermon in the Town of Ipswich, when the Preacher did use or make any other Prayer, did sit upon his Seat, without using or giving any Reverence of Kneeling, or otherwise, thereby to discountenance such Prayer; and he, in the said Year 1603, enjoined that no Prayer should be made in the Pulpit for the Sick, and that such as were prayed for in the Reading-Desk, should be prayed for only in the two Collects prescribed for the Visitation of the Sick in private Houses.
- XII. He, the more to alienate the Peoples Hearts from hearing of Sermons, in the said Year 1636, commanded and enjoined all Ministers to preach constantly in their Hood and Surplice, a thing not used before in that Diocess, and much offensive to the People, as a scandalous Innovation and the Pairshioners of Knatshall wanting a Surplice, he did by his Officers, in the Year 1637. enjoin the Church wardens there, that no Prayers should be read in that Church, till they had got a Surplice; which they not getting for the space of two Lord's days after, had no Prayers during that time there.
- XIII. That during the time of his being Bishop of Norwich, which was about two Years and four Months, there were, for not reading the second Service at the Communion Table set Altarwise, for not reading the Book of Sports, for using conceived Prayers before and after Sermons, and for not observing some other illegal Innovations by him and his Under Officers, by and upon his Directions and Injunctions, sundry gooly, painful, preaching Ministers, that is to say, Master William Powel, Master John Carter, Master Robert Peck, Master William Bridges, Master William Green, Master Mott, Master Richard Raymond, Master Thomas Scott, Master Greenhill, Master Nicholas Beard, Master Hudson, Robert Kent, Jeremy Burrows, Master Thomas Allen, and others, to the Number of Fifty, excommunicated, suspended or deprived, and otherwise censured and silenced, to the undoing of many of them, their Wives and Children; and they could not be absolved without giving Promise to conform to his Directions, editis & edendis; by Means whereof some Ministers were enforced to depart this Realm into Holland, and other Parts beyond Sea, viz. the said Master Thomas Bridges, Master Jeremy Burrows, Master Thomas Allen, Master John Ward; and others of Norwich, to remove into other peaceable Diocesses, as namely Mr. Edmund Calamy, Mr. Broom, Mr. Beard, and others; and some of them so prosecuted, as hath been suspected to be the cause of their Deaths, as namely, Mr. Thomas Scot and others; the Terror of which Proceedings hath caused other Ministers to leave their Cures, and go away, viz Mr. William Kirington Mr. Thomas Warren, Mr. John Allen, and others; and if a Stranger preached at the Cure of such a Parson suspended, the Church-Wardens permitting such Parson so to preach, were enjoined Penance, and otherwise troubled; as namely, the Church-Wardens of Snailwell, and the Stranger for Preaching, was also therefore molested, viz. Mr. Ash, Mr. Eades, Mr. Manning, and other Ministers.
- XIV. That during the Time he was Bishop of the said See of Norwich, he did unlawfully compel the Inhabitants of the several Parishes within that Diocess, to raise the Floors of the Chancels of their respective Churches, to rail in their Communion-Tables, to remove the Pews and Seats, and to make other Alterations in the respective Churches, in the doing whereof the said Inhabitants were put to great, excessive, and unnecessary Charges and Expences, amounting in the whole, to the Sum of Five thousand Pounds and upwards; which said Charges and Expences, he did by unlawful Means and Courses, enforce the said Inhabitants to undergo; and such of the said Inhabitants as did not obey the same, he did vex, trouble, and molest by Presentments, Citations, Excommunications, tedious and frequent Journeys, and by Attendances at the Courts of his Chancellor, and other his Officials, viz. the Church-Wardens of Kinne, Ipswich, St. Edmundsbury, and others.
- XV. That for not coming up to the Rail to receive the Holy Communion, kneeling there before the Table Altarwise, for not standing up at the Gospel, and for not observing and performing of his unlawful Innovations and Injunctions, many other of his Majesty's Subjects, viz. Peter Fisher, Samuel Duncon, James Percival, John Armiger, Thomas King and others, have been by him, his Chancellors, Visitors, Commissaries, and Officials, by Commands and Injunctions, much molesied, disquieted, and vexed in their Estates and Consciences, by Citations to the Courts, long Attendance there, Dismission, Fees, Excommunications, Penances, and other Censures.
- XVI. That by reason of the rigorous Prosecutions and Dealings in the last precedent Articles mentioned, and by Reason of the continual Superstitious Bowing to and afore the Table set Altarwise, the Suspending, Silencing, Driving away of the painful Preaching Ministers, the suppressing and forbidding of Sermons and Prayers, the putting down of Lectures, the suppressing Means of Knowledge and Salvation, and introducing Ignorance, Superstition, and Prophaneness, many of his Majesty's Subjects, to the Number of Three thousand, many of which used Trades, Spinning, Weaving, Knitting, and making of Cloth, Stuffs, Stockings, and other Manufactures of Wool; that is to say, Daniel Sunning, Michael Metcalf, John Berant, Nicholas Metcalf, John Derant, Busby, Widow Maxes, Richard Cock, John Dicks, Francis Laws, John Senty, and many others; some of them setting an Hundred poor People on Work, have removed themselves, their Families and Estates into Holland, and other Parts beyond the Seas, and there set up and taught the Natives there, the said Manufactures, to the great Hindrance of Trade in this Kingdom, and to the Impoverishing and bringing to extream Want, very many who were by those Parties formerly set on Work, to the great Prejudice of his Majesty and his People.
- XVII. That he the said Bishop, finding the People to distaste his Innovations, hath often in publick and private Speeches, declared in the said Year 1636, that what he did in the same, was by his Majesty's Command; whereby he, contrary to the Duty of his Place, which he held under his Majesty, being Dean of his Majesty's Royal Chappel, and contrary to the Duty of a Good and Loyal Subject, endeavoured to free himself of Blame, and to raise an ill Opinion of his Royal Majesty in the Hearts of his loving Subjects.
- XVIII. That he the said Matthew Wren, being Bishop of Norwich in the said Year 1636, in the Tower Church in Ipswich, and other Places, did in his own Person use Superstitious and Idolatrous Actions and Gestures in the Administration of the Lord's-Supper, Consecrating the Bread and Wine, standing at the West side of the Table with his Face to the East, and his Back towards the People, elevating the Bread and Wine so high, as to be seen over his Shoulders; bowing low, either to or before them; when he, after the Elevation, had set them down on the Table.
- XIX. That he, the more to manifest his Popish Affections, in the said Year 1636, caused a Crucifix, that is to say, the Figure of Christ upon the Cross, to be engraven upon his Episcopal Seal, besides the Arms of the See.
- XX. That he hath chosen and employed such Men to be his Commissioners, Rural Deans, and to be his Houshold Chaplains, whom he knew to be, and stand affected to his innovated Courses, and to Popish Superstition, and to be erroneous and unsound in Judgment and Practice, as namely, Mr. John Nowell, Mr. Edmund Mapletoft, Mr. John Dunkin, Mr. Boucke, Mr. Dun and others.
- XXI. That he hath very much oppressed divers Patrons of Churches, by admitting, without any colour of Title, his own Chaplains, and others whom he affected, into Livings which became void within his Diocess; unjustly enforcing the true and right Patrons to long and chargeable Suits to evict such Incumbents, and to recover their own Right; some of which he did against his Priestly Word given to the said Patrons, or their Friends, in verbo Sacerdvtis, not to do the same; this he did in the Case of one Mr. Rivet.
- XXII. That he and others, in the Year 1635, sold, or granted away the Profits of his Primary Visitation for Five hundred Pounds, over and above the Charges of the Visitation, and for the better Benefit of the Farmer, set forth a Book in the Year 1636, intituled, Articles to be enquired of within the Diocess of Norwich. In the first Visitation of Matthew Lord Bishop of Norwich, consisting of 139 Articles; and wherein are contained the Number of 897 Questions, according to all which, the Church-Wardens were enforced to present upon Pain of Perjury; and some Church-Wardens, that is to say, Robert Langley, Charles Newton, Richard Hart, William Bull, and Zephany Ford, and others, not making Presentments accordingly, were cited, molested and troubled, and enjoined Penance; notwithstanding many of the said Articles were ridiculous and impossible.
- XXIII. That the Church-Wardens, and other Men sworn at the Visitation, were enforced to have their Presentments written by Clerks, specially appointed by such as bought the said Visitation, to whom they paid excessive Sums of Money for the same; some; two and twenty Shillings, as namely, Richard Hurrell, John Punchard, and others; some more, some less, for writing one Presentment, to the grievous Oppression of his Majesty's poor Subjects in that Diocess.
- XXIV. Whereas by the Laws of this Realm no Tithes ought to be paid out of the Rents of Houses; nor is there any Custom or Usage in the City of Norwich for such Payments, yet the said Bishop endeavoured to draw the Citizens, and other the Inhabitants within the said City, against their Wills and Consents to pay two Shillings in the Pound, in lieu of the Tithes of Houses within the several Parishes of the said City, unto the Ministers there of the said respective Parishes; and the better to effect this his unjust Resolution, he did by false and undue Suggestions in the Fourteenth Year of his Majesty's Reign that now is, procure his Majesty to declare under his Highness's Great Seal of England his Royal Pleasure, That if any Person within the said City shall refuse to pay according to the said Rate of two Shillings in the Pound unto the Minister of any Parish within the said City; that the same be heard in the Court of Chancery, or in the Consistory of the Bishop of Norwich; and that in such Case no Prohibition against the said Bishops of Norwich, their Chancellors or Commissaries in the said Courts of Consistory, be granted; and if any such Writ be at any Time obtained, the Judges so granting the same, upon fight of his Highness's said Order, shall forthwith grant a Consultation to the Minister, desiring the same; which said Order and Decree under the Great Seal of England tended to the Violation of the Oaths of the Judges, and was devised, contrived, and made by the said Bishop; and afterwards by his evil Counsels and false Surmises he did obtain his Majesty's Royal Consent thereunto, and by Colour of the Order aforesaid, and other the Doings of the said Bishop, the Citizens and Inhabitants of Norwich aforesaid, viz. John Collar, Judith Perkeford, and others, have been enforced to pay the said two Shillings in the Pound in lieu of Tithes; or else by Suits and other undue Means been much molested, and put to great Charges and Expences, contrary to the Law and Justice.
- XXV. That he assumed to himself an Arbitrary Power, to compel the respective Parishioners in the said Diocess, to pay great and excessive Wages to Parish-Clerks, viz. the Parishioners of Yarmouth, Congham, Tostock, and others, commanded his Officers, that if any Parishioner did refuse to pay such Wages, they should certify him their Names, and he would set them into the High Commission Court for Example of the rest, and that one or two out of Ipswich might be taken for that Purpose.
And the said Commons by Protestation saving to themselves the Liberty of exhibiting at any Time hereafter any other Accusation or Impeachment against he said Matthew Wren, late Bishop of Norwich, and now Bishop of Ely; and also of replying to the Answer that he the said Matthew Wren shall make unto she said Articles or any of them, or of offering Proof of the Premises, or any other Impeachments or Accusations that shall be exhibited by them, as the Case shall, according to the Course of Parliaments, require, do pray that he the said Matthew Wren may be called to answer the said several Crimes and Mislemeanours, and receive such condign Punishment as the same shall deserve, and that such further Proceedings may be upon every of them had and used gainst him, as is agreeable to Law and Justice.
Sir William Lambton's Petition against the Salt Patent, July 21.
The Petition of Sir William Lambton, of Lambton in the County Palatine of Ourham, complaining of the Project upon Salt to the Ruine of his Salt Panns /??//??/Sunderland in the said County; ordered to be referred to the Committee of Grievances, and the Patent complained of to be brought in, and no Execution so be done thereupon.
Cessation of Arms, July 22
Cessation of Arms agreed unto for fifteen Days longer, if the Treaty so long last.
No Members to deliverout any Copies or Notes. Order concerning Fullers Earth, July 23.
Ordered, That no Members of the House do deliver out any Copy or Notes of Things brought into the House, propounded or agitated in the House, and that no Printers do print any such Notes if brought unto them, under Pain of being guilty of the same Penalty the Authors should undergo.
That the House do consider of some secure way to transport Fullers Earth into Nottinghamshire and Lincolnshire; so that it be not exported beyond seas.
A Pamphlet referred to the Committee.
Ordered, That the Pamphlet Entituled, The Order and Form for Government by Bishops, &c. be referred to the Committee for Printing.
Earl of Essex made Lord Chamberlain An Oration in the University concerning Decay of Learning referr'd Remon-strance to be hastened.
This Day the Earl of Essex was sworn Lord Chamberlain of his Majesty's Houshold.
Ordered, That the Information given concerning an Oration made in the University of Cambridge, touching the Decay of Learning, &c. by Dr. Holds worth the Vice-Chancellor; wherein it was alledged were great Reflections on the Parliaments Proceedings, be referred to a Committee.
That the Committee do hasten the Remonstrance of the State of the Kingdom and of the Church, and in what State this Parliament found it.
Tryal by Battel, July 24.
Richard Lilburn's Petition was read, setting forth how often he had joined Issue for Trial by Battel for Lands in Value of above 200 l. per Annum, and had brought down his Champions several Times to the Assizes at Durham; but were from Time to Time put off from a Trial by Combate by the Judges, who still sound some Error in the Record, that the Trial could not proceed: The House afterwards ordered a Bill to be brought in to take away Trial by Battel.
The House of Commons resum'd the Consideration of the Plot, to bring up the Army against the Parliament, whereupon it was
Votes concerning Mr. Piercy and others concerned in the Plot, July 24.
Resolv'd, That Mr. Henry Piercy in the Months of March and April last, in the Parish of St. Martins in the County of Middlesex, did Compass, Plot and Conspire with others, to draw the Army together, and employ the same against the Parliament, and by Force and Dread thereof, to compel the Parliament to agree to certain Propositions by them contriv'd, and to hinder and interrupt the Proceedings of the Parliament. The like Resolution in the same Words concerning Mr. Jermin and Sir John Suckling.
Resolv'd, That in pursuance of the said Design, the said Henry Piercy by the Plot and Combination aforesaid, did endeavour to perswade divers Members of the House of Commons of the said Parliament, and others, being Officers of the said Army, (that is to say, Wilmot, Ashburnham, Berkely, Pollard, and Daniel O-Neile ) that they were disoblig'd by the Parliament, thereby to incense them, and to affect them against the Parliament, and did hold divers Consultations with the said Parties, to effect the said wicked and dangerous Design; and to that Purpose did set down in Writing certain Propositions, to the Effect as follweth, Viz. The preserving of Bishops in their Functions and Votes. The not disbanding of the Irish Army until the Scotch were disbanded. And the endeavouring to settle the King's Revenue to the Proportion it was formerly.
And upon July the 26th, it was further resolv'd, That the said Henry Piercy did in Pursuance of the Plot and Combination aforesaid, and for the more secret Carriage thereof, administer to the said Parties a wicked and unlawful Oath, whereby they did swear upon the Holy Evangelist not to reveal anything that was spoken concerning the Business that was in Consultation, directly or indirectly, nor to think themselves absolv'd by any other Oath that should be after taken by them, from the Secrecy enjoined by the said Oath.
Resolv'd, That the said Henry Jermin, at the Time the said Oath was taken, and at divers other Times, did propound, and endeavour to perswade the Persons before-named, and other Officers of the said Army, to put the said Army into a Warlike Posture, and to bring them up to London, and likewise make themselves sure of the Tower, and so by Force compel the Parliament to conform to the Proposals; and he with Suckling, &c. did endeavour to work a Belief in the said Army, that the King and Parliament would disagree, and so to perswade them to adhere to his Majesty against the Parliament, and said, That all the French about the City of London would assist them; and to the great Scandal of the King, that the Prince and the Earl of Newcastle were to meet the Army at Nottingham with a Thousand Horse, and that Suckling to encompass the Design of gaining the Tower, did contrive that a Hundred Men under Captain Billingsley should be design'd for that Purpose when the Opportunity was offer'd; to the end, the City of London should not be able to make any Resistance when the said Army should come up, according to the forementioned Design. And Suckling by the Means and Plot aforesaid, did thereby endeavour, that the Earl of Strafford, then Prisoner in the Tower, might the better encompass his Escape.
That Sir John Berkely and Daniel O-Neile being questioned, did fly for the same.
Monday, July 26. Sir H. Martin.
The Lords sat upon the Impeachment against the Judges and Bishop When; and appointed a Committee to sit upon a Complaint against Sir Henry Martin, Judge of the Admiralty, for a pretended false Sentence given in his Court against a French Merchant.
The Commons debated the Bill against Ship-Money, and added a Proviso, That all those Sheriffs that levyed the same by Force shall be sued.
They also received from the Committee the Bills against Knighhood-Money, and for taking the Protestation throughout the Kingdom; and touching Pluralities.
July 27. Wines.
The Lords sat about the Bill preferred against the Wine-Merchants, that they might not bring over any sophisticated or corrupt Wines, and that upon finding of any such, it should be staved and destroyed, which was referred to a Committee.
A Petition read in the House of Commons out of Oxfordshire, subscribed with abandance of Hands against the Bishops.
July 28. King's Message.
A Conference between the Lords and Commons touching a Message from the King, that He intended to set forwards on his Journey for Scotland on the 10th of August, as also a Letter imparted by His Majesty, sent to Him from the King of Spain, desiring He might have all the Irish Army sent over to Him as they were Disbanded; upon which there was a Committee appointed further to consider of it.
Earl of Holland.
A Letter read from the Earl of Holland, desiring that both Armies might be Disbanded together, for the Honour and Safety of the Kingdom.
Queen of Bohemia.
The Queen of Bohemia returns thanks to the Parliament, for their Regard and Consideration of her.
July 29. Disbanding.
The Commons desired a Conference with the Lords about Disbanding of the Armies: At which they desired that both Armies should be Disbanded by the 9th of August. And that because Moneys could not be raised for the full Satisfaction of the Scots, that 80000l. should be forthwith paid to the Commissioners here, and 80000l. more shall be sent to Edinburg, to meet their Army at their Arrival there. But the Lords declined to agree the certain Day for Disbanding, because the Treaty was not fully ended with the Scots Commissioners.
Another Conference concerning the King's Journey into Scotland, the Commons desiring that his Majesty be Requested to appoint a Custos Regni, or Lieutenant, during His absence out of the Kingdom; and amongst other things in Special, to give the Royal Assent, and do such other things as his Majesty might do in Parliament.
Berkley and O.Neile committed.
The House falling into debate concerning Sir John Berkley and D. O-Niele, their being concern'd in the Plot to bring up the Army; It was resolv'd that the said Sir John Berkley and D. O-Neile being questioned for the said Plot, did fly for the same; whereupon they were both ordered to Prison.
July 30. Bill for taking the Protestation, flung out by the Lords.
The Bill for taking the Protestation being carried up to the Lords, upon debate thereof they Voted, That they approved of the Houses taking it in particular, but not for the general taking of it throughout the Kingdom, and so cast the same out of the House: Upon which the House of Commons taking notice thereof, and conceiving that the Bishops were the chief Cause of rejecting their said Bill, appointed a Committee for their Impeachment for making of the late Canons; And then also Voted, that no Popish Lords ought to have Vote in the Lords House in matters of Religion.
And then pass'd the Votes following.
Die Veneris, 30th July, 1641.
Resolv'd upon the Question, That this House doth conceive, that the Protestation made by them, is sit to be taken by every Person that is well-affected in Religion, and to the Good of the Common-wealth; and therefore doth declare, That what Person soever shall not take the Protestation, is unfit to bear Office in Church or Common-wealth.
Resolv'd, &c. That the Knights, Citizens and Burgesses, and the Barons of the Cinque-Ports respectively, shall forth with send down to the several Places for which they serve, Copies of this Vote of the House concerning the Protestation.
Resolv'd, &c. That these Votes shall be Printed, and Attested under the Clerk's Hand.
The Printers this Day preferr'd a Bill to the House of Commons for Regulating their Mystery, and that no Books be Printed without License.
The Commons were upon the Printers Bill, and the Bill against Bishops.
A Report delivered in from the Treasurer of the Navy, That there is 112000l. due to the Navy.
Queen Mother 3000l.
Resolv'd, That the 3000l. lent by the City upon the publick Faith of this House for the furnishing of the Queen Dowager of France for her Journey out of this Kingdom, shall be forthwith paid.