Historical Collections of Private Passages of State: Volume 2, 1629-38. Originally published by D Browne, London, 1721.
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Historical Collections For the Year 1632.
We begin this Year in a new method, which we purpose to observe for the following Years, being a brief Account or Diary of some remarkable Passages in order of Time for the whole Year of 1632, by commencing the Year with a Copy of the Arch-Bishop of Canterbury's Diary, written with his own hand; which we (being present) saw produced at the Lords Bar at the time of his Trial; wherein are many things contained, which will save us the labour to mention in the Body of Historical Collections, and will gain greater Belief with the Reader (being his own words) than if they had bin never so truly related by any Author upon Credit: And if there be Matters of less moment contained in the Diary, which are not so clear for History, yet are they subject Matter for Observation; and the Reader may ruminate in his Thoughts what the meaning should be of some dark Expressions, which we do not undertake to explain, neither are we so uncharitable to make publick in print the said Diary, as some (fn. 1) have done, seeming thereby to reflect on some Passages which had bin better omitted than published, but we pass them over.
The Bishop of London's Diary for the Year 1632.
Wednesday, Feb. 13. The Feoffees, that pretended to buy in impropriations, were dissolved in the Chequer-Chamber. They were the main Instruments for the Puritan Faction, to undo the Church; The Criminal part reserved.
Mr. Nathaniel Barnard, Lecturer of St. Sepulchers, London, in his Sermon preached at St. Maries in Cambridge, delivered smart Passages against possibility of Salvation in the Faith and Worship of the Church of Rome, as it was Decreed in the Council of Trent; and against the Church; for which he was articled against in the High-Commission-Court. His Text was, 1 Sam. 4.21. The Glory is departed From Isreal, ( because the ark of God was taken away.) For which he was censu4red, and ordered to make this Recantation.
'[And the Apostle, Rom. 1. 16. affirmeth of the preaching of the Gospel; that it is [the Power of God unto Salvation] id est, It is that Mean by which God manifesteth his Omnipotent and Irresistible Power, in the Conversion and Salvation of all those, who from Eternity were ordained hereto by God's absolute and iminutable Decree.]
'And I do here publickly acknowledge, that hereby (contrary to his Majesty's Command in his Declaratoin lately published, and printed with the Articles of Religion) I did go beyond the general meaning of that place of Scripture, and of the said Articles, and drew the same to maintain the one side of some of these ill-raised differences which his Majesty's said Declaration mentioneth: And this I did rather but of a desire to thrust in somewhat into my said Sermon, in affirmation of one side of the said Differences, than any ways occasioned by the Text I then preached of.
'[If God's Ordinances for his publick Worship in their purity are the Glory of a Nation; then it follows that they who go about to deprive a Nation of any of God's Ordinances for his publick Worship either in whole, or in the least part of them, (id est) in their purity and integrity, they go about to make that Nation base and inglorious; and if so, then are they enemies to that Nation, and Traitors to it, if it be their own Nation: for Treason is not limited to the Royal Blood; as if he only could be a Traitor who plotteth and attempteth the dishonour, or bedding thereof, but may be, and is too oft committed against the whole Church and Nation: which last is so much the worse of them two, by how much the End is better than the Means, and the Whole of greater consequence than any one Part alone. Whereby we may learn what to account of those among our selves (if any such be) which is better known to you than to me, who endeavour to quench the Light, and abate the Glory of our Israel, by bringing in their Pelagian Errors into the Doctrine of our Church establish by Law, and the Superstitious of the Church of Rome into our Worship of God, as high Altars, Crucifixes, and bowing to them (id est) (in plain English) worshipping them; whereby they symbolize with the Church of Rome very shamefully, to the irreparable shipwrack of many Souls who split upon this Rock.]
'I do now upon better Information find, that many erroneous and dangerous Assertions, and Consequences unfitting to be here express, may be collected and inferred out of the said words; and I do therefore here publickly recant all the said Words, as they are, by way of use or inference and application, used by me, to be very rashly and inconsiderately uttered, and to be very undutiful towards his Majesty. I do humbly refer and submit my self to his Majesty's Clemency and gracious Acceptance for the interpretation of my meaning of the same; and I am heartily sorry, and do humbly crave pardon, that words and applications so dangerous and scandalous to the present state of the Church of England proceeded from me.
'[By God's Ordinances here I understand chiefly the Word, Sacraments and Prayer, in that purity and integrity, wherein the Lord Christ left them, not blended and adulterated with any superstitious Inventions of Man, for then they cease to be God's Ordinances, and he owns them no longer.]
'I desire this passage may be taken and understood as I spake and meant it, and not otherwise; that is, not that I hold all humane Inventions added to God's Ordinances to be superstitious; for I account that Tenent not only false but palpably absurd and foolish. But to exclude all those humane Inventions which may hinder the preservation of the Doctrine and Discipline of this Church of England in that purity and integrity, wherein through God's Gracious Goodness by his Majesty's Laws Ecclesiastical we do enjoy them.
'Fourthly and lastly; Whereas by some other Passages in my said Sermon I was (as I understand) conceived by some not only to cast Aspersions upon the present state of our Church, and some principal Members and parts thereof, thereby to bring it and them into scandal and dislike; but even under some ambiguous words, as if it were to move to take up Arms for Redress, although with recalling or restraining the same in terms afterwards, saying thus;
'I do here acknowledge and profess I had no such Intentions, neither do I know any cause why my self, or any other, should so bitterly inveigh against any in our Church. I am therefore heartily sorry that I gave cause to any of the Hearers to conceive so: And I humbly crave pardon for it.
Mr. Bernard refused this Recantation, yet in general terms professed his sorrow for any Oversights, and unbeseeming Expressions in his Sermon. He was fined in the High Commission Court a thousand pound, and suspended his Ministry; Condemned in Costs of Sute, and committed to Prison, &c.
On the 8th of May this Year, a period was put to the great Trial in the Court of Honour before the Lord High Constable, and Lord Marshal, between Rea and Ramsey, concerning the forementioned Accusation of High Treason against Marquess Hamilton, which begun to have a Hearing in November the last Year, and was now decreed by that Court in this Year to be determined by Combat: which in regard it is a Trial Remarkable after the Proceeding of the Civil Law, we have given the Reader an Account thereof at large, however take his Majesty's thoughts of it, as it is expressed in this Letter to the Marquess.
Since you went I have not written to you of Mackay's business, because I neither desire to prophesie nor write half News; but now seeing (by the Grace of God) what shall be the end of it, I have thought fit to be the first Advertiser of it to you. I doubt not but you have heard, that (after long seeing of Proofs for clearing the business as much as could be, and Formalities which could not be eschewed) the Combat was awarded, Day set, Weapons appointed: But having seen and considered of all that can be said on either Side, as likewise the carriage of both the Men, upon mature deliberation I have resolved not to suffer them to fight. Because, first, for Mackay he hath failed so much in his Circumstantial Probations, especially concerning Muschamp, upon whom he built as a chief Witness; that no body now is any way satisfied with his Accusations. Then for David Ramsey, though We cannot condemn him for that which is not, yet he hath so much, and so often offended by his violent Tongue, that We can no ways think him innocent, though not that way guilty whereof he is accused; wherefore I have commanded the Court shall be dismissed, and Combat discharged, with a Declaration to this purpose, That though upon want of good Proof the Combat was necessarily awarded, yet upon the whole matter I am fully satisfied that there was no such Treason as Mackay had fancied. And for David Ramsey, though We must clear him of that Treason in particular, yet not so far in the General, but that he might give occasion enough by his Tongue of great Accusation, if it had been rightly placed, at by his foolish presumptuous Carriage did appear.
This is the substance, and so short, that it is rather a Direction how to believe others, than a Narrative it self; one of my chief ends being that you may so know David Ramsey, that you may not have to do with such a Pest as he is, suspecting he may seek to insinuate himself to you upon this Occation: Wherefore I must desire you, as you love me, to have nothing to do with him.
'His Majesty intending the advancement of the Native Commodities of this Realm, and the prevention of divers Deceits commonly used in the making of Sope, with Foreign and unsweet Materials; and of the excessive Rates in the sale of ill Sope, at the pleasure of the Sope-boilers, being no Body Politick, nor govern'd by any good Order: And resolving to make the Manufacture of Sope and Pot-Ashes a Work of his own People, did, by Letters Patents dated the 20th of January last past, incorporate divers Persons, by the Names of Governors, Assistants, and Fellows of the Society of Soapers within Westminster and Middlesex; and that it should be lawful for them, and their Successors, to exercise the said Art and Mystery; and that they should chuse skilful Persons out of the said Society, to oversee all Works, Workmen, &c. using the said Art and Mystery, and to prevent fraud and deceit therein. And that none of the said Sope shall be put to sale, before the Overseers shall have overseen the same, and have marked it for good; and to punish the Gainsayers and Rebellers of his Majesty's Proclamation.
'And the Governors, Assistants, and Fellows of the said Society, did by Indenture, sealed with their Common Seal, made between his Majesty of the one Part, and them of the other Part, covenant, to erect and maintain such Workhouses as might make 5000 Tun of good Sope, and a further proportion if need should require.
'And his Majesty, by his Letters Patents, did erect an Office for keeping of Patterns, and making the Essay of Sope to be made by the Governors, Assistants, and Fellows of the Society of Sopers of Westminster; and appointed F. C. to be the first Essay-Master, and to take an Oath for the true execution of his Office.
'His Majesty therefore did charge and command the said Society, That they use no other Oil in making of their Sope, but Olive-Oil, and Rape-Oil, by which means the Sope may be sweet, good, and serviceable; and that none do put to sale any Sope, Pot-Ashes, &c. before they be Essayed, and tried to be found good and serviceable, and so marked by the Deputies of the said Society.
The King being informed, that of late Years a great number of the Nobility, Gentry, and Abler sort of his Subjects, with their Families, resorted to the Cities of London and Westminster, and Places adjoining, and there made their Residence, more than in former Times; contrary to the Ancient Usage of the English Nation, which had occasioned divers Inconveniencies: for whilst their Residence was in the Country, they served the King according to their Degrees and Ranks, in aid of the Government, whereby, and by their Housekeeping in those parts, the Realm was defended, and the meaner fort of People were guided, directed, and reliev'd; but by their residence in the said Cities of London, Westminster, and parts adjoining, they had not Emploiment, but lived without doing any Service to Prince or People: A great part of their Money drawn out of their several respective Counties, and spent in the City, in excess of Apparel, provided from Foreign Nations, to the enriching of other Nations, and consumed their time in other vain Delights and Expence, even to the wasting of their Estates.
'His Majesty therefore touched with a deep sence of those Inconveniencies, doth straightly charge and command, that before the end of forty days, his Lords Spiritual and Temporal, Lieutenants, Deputy Lieutenants of Counties, Justices of Peace, Baronets, Knights, Esquires, Gentlemen, and all Clerks having Benefices with Cure, Prebendaries, or Dignities in Cathedral or Collegiat Churches, that have Mansion-houses, and Places of Residence in other Parts; that they do resort to the several Counties where they usually resided, and there keep their Habitations and Hospitality, &c. except such as are of his Majesty's most Honourable Privy-Council, or bound to daily attendance on the King, Queen, or their Children.
'Further declaring, That it was his firm resolution to withstand this great and growing Evil, by a constant severity towards the Offenders; and therefore gave this timely warning, that none hereafter might presume to transgress.
'And foreseeing that the Honour, Government, Health and Safety of the City, is of great consequence unto his Majesty, and the whole Kingdom: And that his Royal Progenitors, in former Times, especially his Royal Father, of blessed Memory, King James, and the most excellent Princess Queen Elizabeth, in their Times had carefully provided for the same, straightly prohibiting the erecting of Houses and Buildings upon new Foundations, and the entertaining of Inmates in and about this City, which would multiply the Inhabitants to such an excessive number, that they could neither be govern'd nor fed; and for putting these his Majesty's Commands in due execution, he did make, and several times renew Commissions, directed to the Lord Mayor of the said City, and divers other Persons of Honour and Worth, grounding the same upon the Rules of Law and Justice, as against publick and common Nuisances, as well as upon Reasons of State and Government, all tending to the publick Good of the People: but that taking not so full effect hitherto, as the King expected, his Majesty hath now again resolved to renew that his Commission to divers Honourable Persons, and others of Worth and Understanding, requiring them forthwith in their own Persons, as by other good ways and means, to inquire and find out the Offenders, and Offences against this his Majesty's Declaration, and to make Certificate thereof to the Council-Board, or in the Court of Star-Chamber, to the end that such Proceedings may be had against them, as may stand with the King's Honour, and the Laws of the Land. See more of this at large in the Appendix, which contains also his Majesty's particular Rules for the putting this Commission in execution, which are very large.
Whereas the Kings Royal Father, King James, did constitute an Office, called, The Office of the Postmaster of England for Foreign Parts, who should have the sole taking up, lending, and conveying of all Pacquets and Letters into those Parts, with power to take moderate Salaries; and did appoint and constitute first Matthew de Quester to execute that Imployment; afterwards William Frizel and Thomas Withering, and their Deputies, to do all things appertaining to the same.
The Merchants of the English Nation, praying his then Majesty to continue them in that Office, his most Excellent Majesty that now is affecting the welfare of his People, and considering how much it imports his State and this Realm, that the Secrets thereof be not disclosed to Foreign Nations, by a promiscuous use of transmitting, or taking up of Foreign Letters, was pleased on the 19th of July, to appropriate the said Office to Frizel and Withering aforesaid, with prohibition to all others to intermeddle therewith.
Doctor Lamb, commonly so called, was now living, though neither Doctor nor any way Lettered, but a Man odious to the Vulgar for some Rumors that went of him, as a Conjurer, or Sorcerer. He was guarrell'd withal in the Street in London; and as the common People more and more gathered about him, so they pelted him with rotten Eggs, Stones, and other Rifsraff; justled him, beat him, bruised him, and so continued pursuing of him from Street to Street, till there were five hundred People in a plump following him: This continued three hours at least, until Night, and not a Magistrate or Officer of Peace once shewed himself to stop the Tumult; and so the poor old Man, being above eighty Years of Age, died of this violence, and no Inquisition was taken of it, nor any Malefactor ever discovered. For which Negligence, an Information was put in the Kings-Bench, by Mr. Attorny Noy, against the Mayor and Citizens; and they submitted to the Grace of the Court, and were fined by the said Court 1500 Marks by the Common Law, and not upon the Statute of 28 Ed. 3. nor upon the Statute of 4 H. 4. see the Statutes.
'Whereas they were incorporated by that Name, and it was a Walled City, and recites the Statute of 2 E. 4. That the Mayor for the time, and all who have been Mayors, should be Justices of the Peace within the City; and that the Sheriffs, are made among themselves, and Coroners appointed by themselves, and that by Law they ought to suppress Riots, and unlawful Assemblies. Notwithstanding in Jun. 4. Car. in the day time, That one John Lamb, àlias dict. Doctor Lamb, was slain in a Tumult, and none of the Offenders taken, nor any Person known or indicted for that Felony. And upon this Information, the Mayor and Commonalty appeared, and confessed the Offence, & posuerunt se in gratiam Curiœ, &c.. for which they were amerced to 1500 Marks; for it was conceived to be an Offence at the Common Law, to suffer such a Crime to be committed in a walled Town, tempore diurno, and none of the Offenders to be known or indicted; vide 3 E. 3. Corone 299. 22 E. 3. Coron. 238. 8. E. 2. Coron. 425. Stamf. fo. 33. Cok. lib. 7. fo. 7. 3 H. 7. 15. Dyer. 210. And Noy, Attorney General, shewed a Record, Mich. 18. E. 3. Rot. 132. an Indictment of a Town in Devonshire, for suffering an Assembly, as it were, to hold Assizes in mockery of Justice. And 21 H. 6. a Presentment before Fortescue, against the Town of Norwich; That there was a great Riot in Norwich, and one Gladman took upon him to be King, and went with a Crown of Paper, in a riotous manner, to the Priory of Norwich, &c. And although it appears not upon the Roll, quid inde venit, yet per Rot. Patent. 27 H. 6. Memb. 13. their Liberties for that Cause were seized, and regranted.
Thomas Lord Vicount Wentworth, Lord President of the Council in the North, in August this Year, at the Publick Assizes held at the Castle in the County of York, let fall some words, which the Gentlemen of the Country then present took great exception at; and afterwards the same were laid to his Charge by the Parliament as a Crime.
Here followeth the words, and the Lord Vicount Wentworth's Answer in his Defence; for it were unjust to set down the Crime, and not the Defence of the Accused, although it be a Digression in point of Time.
That when Sir Thomas Leyton was Sheriff of Yorkshire, in the Year 1632, he heard the Earl of Strafford say these words, That some nothing would content but Law; but they should know, the King's little Finger should be heavier than the Loins of the Law: and that this was spoken in the place where the Judges sat in York Castle, at the Assizes that Year.
And the High Sheriff himself being produced, testified, that his Lordship said, Some would not be satisfied but by Law, but they should have Law enough, for they should find the King's little Finger should be heavier than the Loins of the Law; and that his Lordship was upon the Bench when he spake those words.
The Testimony of these two Persons was confirmed in substance by another Witness, whose Examination was read, himself being dead; they all agreed the time when these words were spoken, to be in the Year 1632, or 1633.
The Defendent knows not whether it be material for him to answer this or no, because the words are charged upon him to be spoken in August, after the 21 of March, 8 Car. which appears to be when he was in Ireland; but he will not stand upon such niceties, (there might be a mistake in point of time) he desires the Truth may appear. The words said by him, were quite contrary to the Charge: he said, The little Finger of the Law was heavier than the King's Loins. The occasion of which words was this, There came divers Levies in the Year when Sir Thomas Layton was High Sheriff, for divers great Sums of Mony for Issues in the Knighthood Business, on some that had compounded, and paid their Mony to him the Defendent, who was the Receiver of that Mony, which he paid into the Exchequer; yet these Issues came out of the Exchequer by some Error above, and were levied with very great rigor by Sir Thomas Layton. When the Defendent came down, he shewed Sir Thomas Layton how the Men were injured by such Process, and desired him to return their Mony to them again, and he would see him discharged. And then to give satisfaction to the Country, he teld them, That the Commission for Knighthood-Mony, was a Commission of Grace and Favour; and that their compounding with the King was an ease to them, and much greater ease than by a proceeding at Law would have fallen on them, the very Issues being three or four times more than they had compounded the whole for. And thereupon I applyed that Speech, The little Finger of the Law is heavier than the Loins of the King; and if he should have fallen to threaten, he had spoken contrary to the end purposed by him, which was to incline them; and none of the Witnesses against him spake any thing to the occasion of that Speech. It is long since these words were spoken, and they were never yet complained of, and he must have a strong Memory, that will swear positively to the very words spoken seven or eight Years ago; and ought to have better ears than one of the Witnesses produced, who appears to have such an infirmity in his hearing, that he must be whooped to at the Bar before he can hear; and sure his Sense of Hearing is much amended, else he could not hear my Lord of Strafford at that distance, to the place where he sat as High-Sheriff in open Court. Then he produced two Witesses, the one testified that he heard a Gentleman of the County say, who was present at that Assizes, that my Lord spake the words in manner and occasion, as related by his Lordship; and another Witness (now a Member of Parliament) who was present at that time upon the Bench testified the same.
As to his Lordship's exception to the Witness, which he said had need have better Ears; it was replyed, he had not been deaf above two Months; and that two other Witnesses concurred fully in the Point with his Testimony. And for the first Witness produced in his Lordship's behalf, it is but a Hearsay from one that spake it at the Table.
Hereupon the Sheriff was again interrogated, who testified upon Oath, That he had his Hearing well till about Christmas last, and said, he stood within four yards of the Earl of Strafford when he spake these words at York Assizes.
In Answer to this new Testimony the Earl said, That the Point he must insist upon is, That the very words, if they had been spoken by him as they are laid, are no Treason within the Statute, and that being a Point of Law, he craved leave to reserve himself to be heard by his Counsel in a sitting time.
Then said the Gentleman that managed the Evidence against him, Your Lordship may be pleased to take notice, that there are five Witnesses express in the Point. Upon which your Lordship's Judgment is expected.
Considerations being had the 30th of September, of the manifold evil Practices, which for private Gain are too often put in practice, as well by Hoarders of Corn, as by Merchants and others, to enhance the Price thereof, which appeared in the time of the late Dearth: And yet false Rumours are spread and divulged of great Transportation, of Corn, licens'd by Authority, to the dishonour of the King and State; It was then declared by King and Council, 'That all the said Rumours were most false, untrue, and scandalous, and the penalty of the Laws was ordered to be severely inslicted on the Divulgers thereof; with a strict Prohibition, that for the space of one Year no Corn or Grain be Transported; to the intent that the Plenty which then was, might not be turned to the enriching only of a few greedy Cormorants.
One Thomas Jupp, a Clothworker of the City of London, being on the 12th of October at Bar of the Court of Star-Chamber, his Majesty's Attorney-General, Mr. Noy, informed the Court that he had taken the Examination of the said Thomas Jupp, concerning the Counterfeiting of Seals affixed to the Bays of Colchester, and the fixing them to other Bays of meaner condition; and shewed forth certain Iron Stamps, and pieces of Bays sealed with Counterfeit Seals, put to Bays not of the making of Colchester, but of less estimation. And his examination being read in Court, and he confessing the truth thereof; The King's Attorney-General prayed that some exemplary Punishment might be insficted upon him. Whereupon the Court did declare in these terms, 'That the Offence of the said Thomas Jupp is a false Cozenage and Deceit to the Buyers, and a Prejudice to the Sale of their Clothes; and therefore the Court doth adjudge and decree the said Thomas Jupp to be committed to the Fleet, fined a Thousand Pounds to the King, and be set upon the Pillory in Cheapside, with a Paper in his Hat, declaring the nature of his Offence; and also to be set upon the Pillory at Cornhil-Exchange, Blackwell-Hall, Bocking, and Colchester, upon several Market-days, with the like Paper on his Hat.
Whereas by the Statute made in the Reign of King Henry the 8th, prices of Victuals are appointed to be Rated in such manner as in the said Statute is declar'd; but it is manifest by the said Statute, Corn is none of the Victuals thereby intended. Nevertheless some ill-affected persons endeavouring to bring a charge upon the Subjects, contrary to Law, did surmise, that the prices of Corn might be rated and set according to that Statute, and thereupon great gain might be raised to his Majesty by Licenses and Dispensations, for felling Corn at other Prices: and a Command from his Majesty being procur'd to the Judges, and sent to them by Mr. Noy, his Majesty's Attorny General, to deliver their Opinions touching the Question, Whether Corn was such Victuals as was intended to have the Price rated within the said Statute? In answer to which Demand, Sir R. B. one of his Majesty's Justices of the King's-Bench, in furtherance of the said unlawful Charge endeavoured to be imposed, as aforesaid, the 30th day of November, in the eighth year of his then Majesty's Reign, did deliver his Opinion, That Corn was such Victual as was intended to have the Price rated within the said Statute. Which said Opinion was afterward declared by Parliament to be contrary to Law, and the plain sense and meaning of the said Statute, and contrary to that Judge his own knowledge; and the Parliament afterwards, among other things, impeached him, That this Judgment was given and delivered by him with a purpose and intention, that the said unlawful Charge might be imposed upon the Subjects.
'The King taking into his Consideration, That the ordering of Coin, and the value of Coin within this Realm pertaineth to his Majesty, as a part of his Regality; and that the making and allowing of Weights and Counterpoises of Current Money, whereby discovery shall be made of the Justness thereof, is proper to the King; And that many Complaints have been made of many and great Abuses daily commited within the Kingdom; That divers Counterpoises of the King's Mony of Gold, (commonly called Gold-Weights) and Beams and Ballances for the poising of those Moneys, are made and put to sale, marked with the King's Ensigns, yet are not equal and just, whereby the Subjects are deceived.
'Wherefore for Redress of such Abuses, and that the Beams and Ballances may be equal, the Kings Majesty hath taken into his own hands the making, assising, and issuing of those Counterpoises, or Weights with Grains; and hath appointed Sir Thomas Ailesbury to have the sole making and putting to sale those Gold Weights, ordered to be of a round and circular form; prohibiting all others to make any of them, other than such as shall be licensed by the said Sir Thomas Ailesbury, who is required to take care that the said Gold Weights and Grains, or half Grains, shall be made so as the whole Kingdom may be supplied therewith. And that the Offenders against this his Majesty's declared Pleasure shall be proceeded against in the King's High-Court of Star-Chamber, or elsewhere.
At this time there was such plenty of Gold in the Kingdom, and such scarcity of Silver, that the Drovers and Farmers, who brought their Cattel, Sheep and Swine to be sold in Smithfield, would ordinarily make their bargain to be paid in Silver, and not in Gold; And besides in this time people did ordinarily give two pence, and sometimes more, to get twenty shillings in Silver for the exchange of a Twenty-shilling piece in Gold full Weight.
And in and about London and Westminster, as well as in other parts, most people carried Gold Scales in their pockets, to weigh Gold on all occasions, and had them from that Office for that purpose erected,
The Bishop of London, as is already mentioned, having formerly projected the overthrow of the Feoffees for the buying in of Impropriations, as the main Instruments of the Puritan Faction to undo the Church; The Cause was brought by Information into the Exchequer, by Mr. Noy the King's Attorny General, Plantiff, against William Gough, Richard Sibbs, Giles Off-Spring, John Damport, Clerks. Sir Tho. Crew, Knight; Robert Eyers, an Apprentice of the Law; John White, Sam, Brown, Utter Barristers at Law. Nicholas Rainton, Alderman of London. John Gearing, Rich. Davies, George Harwood, Frances Bridges, Merchants; William Leman, Thomas Foxley, Clerks; and Mr. Price, Defendents.
'That since the tenth Year of the Reign of the late King, these Feoffees, to the intent to procure into their hands divers Manours, Lands, and Tenements, Rectories, Tythes, Oblations, and Sums of Money, which well-disposed People should give to the sustaining and endowment of Perpetual Vicars, having Cure of Souls, and other Charitable Uses; did of their own Authority erect and make themselves into a Society, or Body Corporate, called sometime by the name of the Collectors of St. Antholins; and used to hold Assemblies and Councils, and make Ordinances, appoint Registers and Actuaries for their doings: And have gotten into their hands Sums of Money, intended by the Donors for the foresaid Pious Uses; With part whereof they had purchased divers Rectories, Tythes, Prebendaries, Lands and Tenements, the Remonstrances whereof are registred in a Book, and had not imployed the same as was intended by the Giver, as by Law they ought.
Mr. Attorney further shewed, That it did appertain to his Majesty's care, That such Donations for Augmentation of Divine Worship and Publick Works of Charity, be not withdrawn, diminished, or misimployed, but be rightly distributed; and that an Accompt thereof ought to be made to His Majesty in this Honourable Court, or elsewhere. That without the Writings, Evidences, and Registers remaining in the custody of these Persons, or their Officers, there could be no perfect Charge whereon to make an Accompt. Wherefore for discovery of what Lands, Goods, Chattels, and Sums of Money, had come into their hands, and how the same were imployed, and what Evidences and Registers remained in their keeping; and for an Accompt to be made of the distribution of all; He prayed Process of Subpoena against them to appear in this Court.
The Defendents appeared, and made Answer, 'That they believed Impropriations in the possessions of Lay-Men, not imployed for the Maintenance of Preachers, was a great damage to the Church of England; and that the purchasing thereof for the maintenance of Divine Service and Preaching, is a pious Work. And that as divers Men may by the Law join in the purchasing of Manours and Lands, so without offence of Law they might confer how they might raise Moneys out of their own Purses, and from their Allies and Friends, to purchase Impropriations for the maintenance of Worthy, Painful, and Conformable Preachers; and that the Lands and Revenues were sufficiently conveyed unto Richard Stock, Alderman Hoyley, Christopher Sherland, deceased, together with themselves.
'That they referr'd themselves for the several States and Uses thereof, to the several Deeds, Wills, and Declarations concerning the same. That the Donors of the Moneys, being many, gave the same towards the buying of Impropriations, Maintenance of Preachers, and such other good Uses, as the Defendents should think meet; and not for the Endowment of Perpetual Vicars. That they had not converted to their own uses any of the Moneys, or other things given or purchased. That they had not enacted, or made themselves a Body Corporate, otherwise than they have here set forth. That to their knowledge they never presented any to any Church, or Place in their disposition, who was not Conformable to the Doctrine and Discipline of the Church of England, and Approved by the Ordinary of the Place.
And Sir Thomas Crew answered for himself, 'That since Hillary Term last, before the exhibiting of the Information, upon the Death of Christopher Sherland, one of the Readers of Grays-Inn, he was moved by some of the Persons above-named, to assist them in the Business; to which he willingly condescended, and was ready to join in so good a Work, the same tending to the maintenance of the Clergy that had not sufficient Means, and were conformable to the Orders of the Church, and painful and faithful in their Places.
Hereupon it was ordered, that the Books and Evidences should be brought into the Court, which was done accordingly; Upon the reading whereof, together with the Defendents Answer, and upon hearing of the Cause debated by the Learned Council on both Sides, the Court declared,
That the Defendents usurped upon the King's Regality, and of their own Authority assume themselves into a Body and Society, as if they had been Incorporated to a perpetual succession, and made Ordinances and Constitutions to establish themselves in perpetuity, as appeareth by this their Ordinance.
'That whereas four of them were in the Order of Priesthood, four were Professors of the Common-Law, and the rest Citizens of London; if any of them should die, or be removed, they should elect one into his place of the same Condition. And that all those that should have the profit of Impropriations, or obtain any Ecclesiastical Presentation, should be bound by certain Conditions which they had framed. Also they chose among them a Tresurer, Secretary, Auditor, and a Common Servant of their Livery, and inflicted Mulcts upon such of them as met not at their Assemblies.
That they purchased diverse Impropriations, but never restored one of them to the Church, by conferring it in Perpetuity upon any Incumbent, but kept them in their own hands, and disposed of the Profits to such Lecturers and Ministers, and in such Proportion, and for so long time as pleased them; and with other part thereof they bought Advousons of Churches, Nominations of Lecturers and Schoolmasters, which the Court conceived was not in the intention of those that gave the Mony for buying in of Impropriations.
Wherefore the Court was of Opinion, That the Proceedings of the Defendents was against the Laws and Customs of the Realm, and that they tended to the drawing to themselves in time the principal Dependency of the whole Clergie, that should have rewards from them, in such measure, and on such conditions as they should fancy, thereby introducing many Novelties of dangerous Consequence, both in Church and Common-Wealth, and making Usurpation upon his Majesties Right.--That is not annexing Impropriations to perpetual Incumbents in purchasing Advousons, Nomination of Incumbents, Lecturers, and Schoolmasters, and buying and keeping of Leases, they had not behaved themselves as they ought to have done, nor according to the Trust reposed in them. And his Majesty having referred the further examination of these Designs, intending to question this Matter in the Star-Chamber, the Court did for bear to proceeds to the inflicting of Punishments. Nevertheless it was Ordered and Decreed. That the Defendents should not from thenceforth hold any more Assemblies, or make Orders touching the Premises: Nor make any Alienations or Alterations of the Estates of the afore-mentioned Impropriations, Advousons, Manors, Lands, Tenements, and Leases, which shall remain in the Persons in whom they now are, till the Court take further order. And as touching the buying of these Impropriations, the Court thought it a pious Work; but the distribution of the Profits, as is before declared, wou8ld have grown to a great inconvenience, and prejudicial to the Government of the Church. And his Majesties Pleasure was made known, That whatsoever had been thus bestowed, should be imployed wholly to the Good of the Church, and the Maintenance of Conformable Preachers in the right and best way. And it was further decreed, That Commissions should be made to such as the Court shall nominate, to enquire of all Rectories, Tytbes, Inpropriations, and of all Leases appointed to be sold, and of all Sums of Mony appointed to be given for the purchasing of Impropriations; and upon the Returns made by those Commissioners, the whole Profits thereof shall be conferred upon perpetual Incumbents and their Successors, as his Majesty shall think fit. And as touching the Advousons, when any Church becomes void, the King's Majesty shall present, and School-masters shall be placed by his Nomination. And the Defendents shall make Accompt of all Receipts, before such Auditors as the Court shall appoint. And his Majesties Attorney General may give them a discharge, or except against the Allowances demanded by them.
Moreover, the King gave direction, That the Arch-bishop of Cartesbury, the Lord Keeper, and other Lords and Bishops, should whether a Criminal Process should be made against the Feoffees? and if so, then whether in the Court of Exchequer, or Star-chamber?
Also in February this Year Henry Sherfield Esq; a Bencher of Lincolns-Inn, and Recorder of Sarum, was censur'd in the Star-Chamber, for taking certain Pictures of God the Father out of a Glass-Window in St. Edmund's Church in Salisbury.
The information was exhibited against him, and divers other Persons, by the King's Attorney-General; shewing, That in the Churches, Chappels, and Sacred Places within this Realm, no private Person ought to alter or innovate any thing in the Fabrick or Ornament thereof, without special Licence from his Majesty, or the Bishops in their several Diocesses, much less deface or diminish any part thereof against their Direction: but the Defendent, Sherfield, Recorder of New Sarum, and dwelling in the Parish of St. Edmonds, being evil affected to the Discipline of the Church of England, and encouraging such as oppose the Government thereof under the Reverend Bishops; and the other Defendents, being of the same Opinion and Practice, and of the same Parish, did, by Combination, about January, Anno 1629, irreligiously conclude to deface and pull down a fair and costly Glass-Window in the Church aforesaid, containing the History of the Creation of the World; which had stood there for Hundreds of Years, and was a great Ornament to the Church. And the Reverend Father in God, John Lord Bishop of Sarum, having heard the Report of this Purpose, sent a Messenger to Mr. Sherfield, and the other Confederates, to admonish them to forbear to put it in execution; and to that end he wrote a Letter to Sherfield, which came to his hand. Nevertheless Sherfield, with the Confederates, and other riotous Persons, did, unlawfully, riotously, and prophanely break down that Glass-Window in scorn of his Majesty's Government and Authority: And when that Prophane Act was done, they wickedly boasted thereof, saying, He that had done it, would shortly take down all the rest. That by this evil Example, other Wicked and Schismatical Persons, ill-affected to the Government of the Church of England under his Majesty, are animated to use the like violent and outragious Courses; and the passing by of such an Offence committed by a Person of such Place and Quality in that City, and by a Combination of other Confederates, being also Persons of Note, would be of perilous Example.
Mr. Sherfield put in his Answer on May 10, following.
That the Church of St. Edmonds in Salisbury, about the Reign of King Henry the Third, was ordained to be a Collegiate Church, to consist of a Provost and thirteen Priests, who were to dwell in a College-House adjoining to the Church-yard, having a certain Revenue appointed to the maintenance thereof; which continued in Succession, and the Priests attended the Service, and celebrated Masses, and Divine Offices and Rites to the Parishioners of St. Edmonds Parish. This College and Collegiate-Church, with the Possessions and Revenue thereof came, by Act of Parliament, into the Hands of King Henry the 8th, and remain'd in the Crown till the 7th of King James. About which time the King by Letters Patents under the Great Seal, did grant that Church by the Name of the Rectory of St. Edmonds Appropriate, as Parcel of the Possession of the late College of St. Edmonds, unto Anthony Gooch, and William Lloyd, and their Heirs; who within, or about the same Year, conveyed the Church unto John Baily and his Heirs; who, together with John Beckingham, in the Year following, did convey it unto Bartholomew Tooky, one of the Defendents, and to his Heirs, except the Church-Yard, Ditch, and Walks about the same, and Trees growing thereupon: Which excepted Premises, Giles Tooker Esq; and Edward his Son, have ever since enjoyed under Baily's Title. And that in the 13th of King James, the Defendent Tooky did agree for a competent Sum of Mony, to instate and convey the Church, for the behoof of the Parishioners of St. Edmonds, for ever; and made them an Instrument of Conveyance, by virtue whereof the Persons intrusted were seized of the Church, as of a Lay-Fee upon Trust.
That the Church is a Lay-Fee, and hath so continued ever since it fell to the Crown; and that from the same time it hath bin legally exempted from the Jurisdiction of the Bishop of the Diocess; and the Defendents, with the rest of the Parishioners, had lawful Power, without special Licence from the Bishop, to take down the Glass of the Window, and to make up the same with white Glass.
That according to the Orders and Agreement of the Parishioners made in the Vestry, the Steeple of the Church hath been taken down and turn'd into a Tower; and also a part of the Wall hath bin taken down, to set a Glass Window in the room; and the Glass of other Windows hath bin taken down to set up new. The Reading Place hath bin removed from the Quire into the Body of the Church, and the Pulpit from one place pull'd down, and a new one set up; which Alterstions were done, from time to time, by the Parishioners Agreement and Order, without special Licence from the King, or his Royal predecessors, or the Bishop of the Diocess, and that sundry of the were made in the time of the Bishop that now is.
That it was agreed, by an Assembly of the Parishioners in the Vestry, January the 16th, 1629, That the Defendent might take down the Glass mentioned in the Information; and about the time therein mention'd, he took down some small Quarries of the Glass, that the Glasier might know, that that was the Window to be made new, and not any other.
But the Window yet remaineth, with a few Holes therein, so that the described Story may be plainly discovered: That it was not fair, nor costly, but of very rude Work; that it was but of four Lights only, and not any of the fair Windows of the Church; that the painting thereof, when it was made, did not cost above forty shilling and that he shall be ready to new make it, according to the Order of the Vestry. He denieth all Confederacy with the other Defendence and the riotous breaking of the Window: for that he took down few small Quarries in a quiet and peaceable manner.
And whereas his Religion and Fidelity to Almighty God, and his Duty and Allegiance to his Sovereign Lord the King's Majesty, are brought in Question; he saith, The true History of the Creation of the World was not contained in that Window, but a false and impious Description of the same.
The Painter, to express God the Father, had painted the Forms and Pictures of divers little old Men seeming bare-footed, and cloathed in long blue Coats; and so setting forth every of the six days Work of God in the Creation, he had distinctly placed one such Picture of an Old Man, made to represent the Creator of Heaven and Earth, in fix several places; with the joining near to them the likeness of some created Thing, to denote thereby what was made on each of the six days: And to shew the third days Work, he had painted the Sun and the Moon, which were created the fourth day, and had placed in the Hand of one of those Pictures, representing God the Father, the similitude of a Carpenter's Compass, as if he had bin compassing the Sun, to give the true proportion thereof. To express the fourth days Work, he made the likeness of Fowls of the Air flying up from God their Maker, whereas God created them on the fifth day. To express the fifth days Work, he painted the similitude of a Naked Man lying on the Earth, as it were asleep, and so much of the similitude of a Naked Woman, as from the Knees upward, seeming to grow out of the side of a Man, whereas God did create Man on the sixth day; neither did the Woman grow out of the Man's side, but God took a Rib from the Man and made it a Woman. To represent the seventh days Story, he painted the seventh Picture of a little old Man, to resemble God in the habit of the other six, but had formed it sitting, to represent God's Rest.
That this was an impious Falsification, and prophane abuse of the History: and he holdeth it ungodly, and altogether unlawful to frame any Image or Similitude of God the Father, Creator of Heaven and Earth, and the first Person of the Holy Trinity; and that it is more ungodly and prophane to set up any such Image or Picture of God the Father in the Windows, Walls, or other parts of any Church dedicated to the Service of Almighty God, which he hopeth he shall be able in most humble manner to make appear to the Court, by the Holy and Pure Word of God, set down to us in the Books of the Old and New Testament; by the Canons of sundry Ancient Councils of the Church of Christ; by the Decrees and Mandates of sundry of the Christian Emperors; by the Opinions and Writings of many of the Ancient Doctors and Fathers of the Church; by many Godly Writers of our Church, since the time of Reformation of Religion within this Kingdom; sundry of whom did Seal their Belief with their Blood; by the Works of sundry Godly Writers of our Church, yet living, whereof some are now Reverend Bishops; among whom the Defendent hath cause to rely, in a special manner, upon the Doctrine of his Learned Diocesan, the now Lord Bishop of Sarum, in his Exposition on the Epistle to the Colossians, pag. 97, and 98. Also by the Royal Determination of King James, in his Prœmonition to all Mighty Monarchs, Kings, Princes, and Free-States of Christendom.
That the same his Belief, is according to the Doctrine of the Church of England, established by Act of Parliament, 13 Elizabethœ, expressed in the Book of Homilies, set forth by Authority; That the Pictures of God were Monuments of Superstition, and ought to have bin destroyed by the Statute made 3, and 4, Ed. 6th. That Queen Elizabeth, Anno 1. according to an Act of Parliament then made, for the suppressing of Superstition in all her Dominions, did publish her Injunctions, whereby all that had Cure of Souls, were commanded to instruct their Parishioners to destroy all the Pictures and Monuments of Idolatry and Superstition; that no memory thereof might remain in Walls, Glass-Windows, or else-where. And that it was to be enquired of in the Visitations, Whether all Images, Pictures, Paintings, and all other Monuments of Idolatry were removed? And that the same Injunctions being grounded on the Statute 1 Eliz. are yet in force. Also that the same was lawful by the Canons of this Church, set forth 13 Eliz. and agreed upon by the Arch-Bishop of Canterbury, and all the other Bishops of that Province.
And besides the Indignity and Contempt offer'd to Almighty God by such unworthy Resemblances of his Majesty, and Deity, in the foresaid Window, there was a Speech, That some ignorant Persons had committed Idolatry, by bowing before the same Resemblances of God.
Lastly; He denied that he was ill-affected to the Discipline of the Church of England, or had encouraged any, to his knowledge, to oppose the Government thereof under the Reverend Bishops; or that the Bishop of Sarum did send any Messenger, or write any Letter to him, to admonish him to forbear to put the Agreement of the Vestry in Execution; or that any such Messenger, or Letter, came to him; or that his Lordship, though he had frequent Conference with him, used any Speech touching his Pleasure to have that Window stand as it was, or not to be taken down.
'The Defendent being troubled in Conscience, and grieved with the sight of the Pictures which were in a Glass Window in the Church of St. Edmonds in New Sarum, one of the said Pictures, to his Understanding, being made to represent God the Father, did procure an Order to be made by the Vestry, (whereof himself was a Member,) That that Window should be taken down, so as the Defendent did at his own Charge glase it again with White Glass. And by colour of this Order, the Defendent, without acquainting the Bishop or his Chancellor therewith, got himself into the Chürch, made the Doors fast to him, and then with his Staff brake divers Holes in the said Painted Window, wherein was described the Creation of the World; and for this Offence committed, with neglect of Episcopal Authority, from whom the Vestry derives their Authority, and by colour of an Order of the Vestry who have no power to alter or reform any of the Ornaments of the Church, the Defendent was committed to the Fleet, fined 500l. and ordered to repair to the Lord Bishop of his Diocess, and there make an acknowledgment of his Offence and Contempt, before such Persons as the Bishop would call unto him.
At the giving of the Censure of the Court, the Bishop of London speaking in favour of the Painter, mentioned a place in Scripture, where, said he, God is called the Ancient of Days, which might make the Painter of the Glass mistake. To which Edward Earl of Dorset replied, That by that Text was meant, God from Eternity, and not God to be pictured as an Old Man, creating the World with a pair of Compasses.
Considering the difference of the Rates at which Wines are sold at this present, from what they were in this Year 1632, and formerly; it may not be useless or ungrateful to the Reader, to set down at large the Contents of a Proclamation, bearing date the 18th of February 1632, by which will appear the respective Prices at which Wines were to be sold either in Gross, or by Retale, throughout this Kingdom.
'Whereas by the Statute made in the 28th Year of the Reign of King Henry the Eighth for Pricing of Wines, it is provided, that the Lord Chancellor, Lord Treasurer, Lord President of the King's most Honourable Privy-Council, Lord Privy-Seal, and Lord Chief-Justices of either Bench, or any five, four, or three of them, shall have Power and Authority by their Discretions, to set the Prices of all sorts of Wines, as in the said Statute is expressed. In pursuance whereof the Lord Keeper of the Great Seal of England, the Keeper of the Privy-Seal, the Lord Chief-Justice of his Majesty's Bench, and the Lord Chief-Justice of the Common-Pleas, the 28th day of December last past, did order, That Canary Wines, Muscadal and Alicant, should be fold in Gross for Sixteen pounds the Pipe, and at Twelve-pence the Quart by Retale; Sacks and Mallago's at Thirteen pounds the Butt in Gross, and Nine-pence the Quart by Retale. The best Gascoign and French-Wines at Eighteen pounds the Tun; and the Rochel Wines, and the other small and thin Wines, at Fifteen pounds the Tun in Gross, and Six-pence the Quart by Retale; and according to those proportions for greater or lesser quantities, either in Gross or by Retale. And that none presume to sell at higher Prices, during the next Year then ensuing, whereof the Clerk of the Crown was to take notice, and to see the same proclaimed the then next Term in the Chancery, according to the Statute. And accordingly there hath been Proclamation made the first day of Hillary Term, being the 23d day of January last.
'Now that all cause of Excuse may be removed from such as inhabit in remote parts of this Realm; and that such as shall be found Delinquents herein may acknowledge their own wilfulness, the cause of the Danger and Penalty they fall into after double Advertisement; His Highness's Will and Pleasure is, and by the Advice of the Lords and the rest of the Privy-Council, according to one other Statute made in that behalf in the Fourth Year of the Reign of his most noble Progenitor, King Edward the Third, by his Royal Proclamation doth publish and declare, That for one Year next following, Canary Wines, Muscadals, and Alicants be sold in Gross at Sixteen pounds the Pipe, and at Twelve-pence the Quart by Retale; Sacks and Mellago's at Thirteen pounds the Butt in Gross, and Nine-Pence the Quart by Retale. The best Gascoign and French Wines at Eighteen pounds the Tun in Gross, and Sixpence the Quart by Retale; and the Rochel-Wines, and other small thin Wines, at Fifteen pounds the Tun in Gross, and at Five-pence the Quart by Retale; and according to these Proportions for greater or lesser quantities, either in Gross or by Retale. Which Rates and Prices his Highness's Pleasure is, shall be duly observed in all his Ports, and other places within this Realm where Wines are landed, and within ten miles of those Ports and Places.
'And it is His Majesty's Pleasure, That in all Places where Wine by Land-Carriage shall be conveyed more than Ten miles from the next Port, the several sorts of Wines aforesaid shall and may be sold according to the Rates aforesaid, allowing Four pounds the Tun, and one penny for the Quart for the Carriage thereof upon Land every Thirty miles, and according to that proportion, and not at greater Rates; strictly charging and commanding such of his Subjects, and others whom it may concern, That none of them, during the time aforesaid, presume to sell any of the said Wines in Gross, or by Retale, at higher Rates than by his Highness's Proclamation are appointed, under the Forfeitures and Penalties mentioned in the said Statute, and other Laws and Statutes of this Realm ordained in that behalf, and such further Pains and Penalties as by the Laws and Statutes of this Realm can or may be inflicted upon the wilful Contemners of his Majesty's Royal Command and Proclamation; Requiring and commanding all Mayors, Justices of the Peace, Bayliffs, Customer Comptrollers, and other Officers of Our Ports, and all others whom it may concern, diligently to attend the execution of this Our Pleasure, and to give Information to the Lords and others of the Privy Council, of the Delinquents, that they may be proceeded against, and receive Punishment according to their Demerits.
A Commission issued forth under the Great Seal of England, with certain Schedules of Instructions thereunto annexed, and directed to Thomas Lord Vicount Wentworth, and other the Commissioners therein named; whereby, among other things, Power and Authority is committed to them to hear and determine all Offences and Misdemeanors, Suits, Debates, Controversies and Demands, Causes, Things and Matters whatsoever therein contained, and within certain Precincts in those Northern parts therein specified.
Among other Matters in the said Instructions, it is directed, That the said President, and others therein appointed, shall hear and determine, according to the Course of Proceedings in the Star-Chamber divers Offences, Deceits and Falsities, whether the same be provided for by Act of Parliament, or not; so that the Fines imposed be not less than by Act or Acts of Parliament are appointed.
The said President, and others therein appointed, have Power to Examine, Hear, and Determine, according to the Course of Proceedings in the Court of Chancery, all manner of Complaints for any Matter within the said Precincts; as well concerning Lands, Tenements, and Hereditaments, either Free-hold, Customary, or Coppyhold, as Leases and other things therein mentioned; and to stay Proceedings in the Courts of Common-Law by Injunction, or otherwise by all ways and means, as is used in the Courts of Chancery.
And that no Prohibition be granted at all, but in Cases where the President and Council shall exceed the Limits of the said Instructions : And that if any Writ of Habeas Corpus be granted, the Party be not discharged till the Party perform the Decree and Order of the said Council.
Afterwards, upon the 24th of March 1640, the said Lord Vicount Wentworth, then Earl of Strafford, and Lord-Lieutenant of Ireland being Impeached in Parliament, one Article was, his procuring the said Commission to enlarge his Power, &c. And the first thing given in Evivence of this Charge was the Commission granted to the said Earl, dated 21 Martti 8 Car. and the 19th Instruction authorizing him to hear and determine according to the course of Proceedings in the Star-Chamber, and to impose Fines, &c. so as they be not less than by the Act of Parliament is provided. The 23d Instruction was also read, whereby Power is given by Injunction to stay Proceedings in any Court of Common Law: and the 28th Instruction, whereby Power is given to send the Serjeant at Arms, and attach in any part of the Realm: and the 29th Instruction, wherein it is expressed, That no Prohibition be granted in the Courts of Westminster to stay Proceedings in the Court at York, but in Cases where the Court of the President shall exceed the King's Instructions; and if any Habeas Corpus shall be sued forth for not performing the Order of that Court, the Party committed not to be discharged so long as such Orders shall stand in force: and if any Fine be thereupon estreated, the Treasurer and Barons of the Exchequer to discharge it. Then they descended to produce Testimony concerning the Earl sending a Process actually before those Clauses were granted, and procuring the Clauses to be supplied when he found the Defect.
The first Witness did testify, That his Father was arrested in London by a Serjeant at Arms in Novemb. 1632, and was kept eighteen weeks, and conceiving it to be out of the Instructions, did appeal to the Council Table; That the Earl of Strafford being present, fell on his Knees, and besought the King, That if his Instructions might not be so good as to bring in a Delinquent that had affronted the Court, if by stepping over the Water he should go beyond the Precinct of it, he might leave that Service, and lay his Bones in his own Cottage.
As to the matter of Prohibition,
A Witness was produced in the Case between Musgrave and Vaux, who said, That notice being given that a Prohibition was procured by Vaux, and an Affidavit made that the same was served; a Warrant was directed to the Pursevant to arrest the Party that procured it; who being arrested, and rescued, another Warrant was directed for the bringing of the Rescuers from London; and they were accordingly brought to York, and there imprisoned, and an Information was exhibited against them by Sir George Ratcliff, then the King's Attorney at York. This matter of Prohibition was referred to Mr. Justice Hutton and Sir Robert Heath, by the Consent of the Parties that were in Suit at York : but the Lord President being acquainted with it, the Reference went not on that Term, but stayed till the President's pleasure was known. The said Witness deposeth, That the Lord President did further say, That whosoever brought a Prohibition there, he would lay him by the heels. And that as touching the Reference, his Lordship said, It was a Cause that concerned the Jurisdiction of the Court of York, and no private Man shall end it; he would try the Jurisdiction, and would go to London and acquaint the Judges with it, and if they remanded the Cause back again, so; if not, he would appeal to the King in it. That the Lord President and Judges had several Meetings, but could not agree. And the Judges speaking some things concerning the Prohibition granted to Vaux : the Lord President replied, he should not be in England, but he would have his body, or words to that purpose. Then a Councellor at Law was produced, who testified that Judge Hutton acquainted him, that the Lord President was angry with him for granting Prohibitions; which the Judge spake with a great deal of Passion, to see things carried in that manner; and did further testify, That understanding the Lord President was angry with him the Deponent for moving for Prohibitions, he went to wait upon his Lordship, who said unto him, I have nothing to say to you, you are one that oppose me, but for the present I have eased you of the Office of Justice of the Peace, so you need not trouble your self with that.
That afterwards his Lordship met the Deponent in London, who unto him, I command you not to depart the Town; and applying himself afterwards to his Lordship to know his Pleasure, and withal making great Friends, all that he could understand by others was, That he was one that did oppose his Lordship; and the Witness did conceive that the Fault that he had committed, was, for not paying the Knighthood money in Yorkshire, or for moving for Prohibitions, which latter did oppose the Authority and Power of the Court of York. And that after 12 or 14 days stay in Town, by mediation of a Friend, he got leave to go into the Country, and then he paid the Knighthood money. And that after this, the Deponent durst not adventure to move for a Prohibition, nor any that had to do with him in those parts durst retain him till of very late, for he knew very well the price of my Lord of Strafford's Displeasure: And he further deposed, that he was sent for by a Pursevant to attend his Lordship at York, who told him, There was an Accusation against him, but they that laid it were not come to Town, and therefore he must attend, and that they were his Betters. That after eight days custody in the Pursevant's hands, he was brought to the Council-Table, and his Lordship sitting at the upper end, commanded him to kneel as a Delinquent; and in his kneeling, his Lordship was offended, in that he staied no longer in that posture; and then he understood the Matter to be for speaking some words at the Sessions in Defence of his Client, about the Traversing of an Indictment; the Question being, Whether a bare Indictment were Evidence to the Petty Jury ? He, the Deponent said, It was no Evidence, and he desired to appeal to the Judges. Whereupon his Lordship was pleased to say, That he would teach him to know, that were other Men for him to appeal unto, (viz. ) the President and the Council. Whereupon he was put out, and Directions sent that he must find Sureties, and make publick Submission at the Sessions for saying these words; which he did accordingly. And all this he conceived originally grew, for that he did oppose the Jurisdiction of the Court of York, and not for any the Causes pretended.
Secondly; The Comission and Instructions to the President, and Council of York, are of course renewed upon the death of any of the Council of the Fee in Ordinary. And Sir Arthur Ingram going out, and Sir John Melton succeeding, those Instructions were thereupon renewed. And as to the execution of the said Commission, from the date thereof to this hour, the Defendent did never one Act, of staied one minute as President of the Council of York, the Commission was granted 21 Mar. 8 Car. and he went towards Ireland in July following.
At the first Institution of that Court, it had both a Star-Chamber and Chancery Power, as will appear by all the Instructions before that time; and if there be one Error in a Judge giving a Sentence, otherwise than a Man of better Understanding conceives reason for, there is no cause it should be heightned to a Treason, to take from him his Life, and Honour, and all he hath, meerly because he was not so wise a Man as he might have bin, nor so understanding as another. If this be pressed in Judges, he thinks few Judges would serve; and for his part, he confesseth, he had rather go to his Cottage, than be upon these Terms. The Sentence against Sir Conyers Darcy was just, and he complained not of it; and for the Sentence against Sir John Bouchier, the Defendent was not at all acquainted with it, being then in Ireland. But these two Matters are not insisted upon, yet it may be from hence observed, with what uncertainty Men may speak, who do inform in such Cases. As to the first Witness, testifying his Father's Commitment at London, and Appeal to the Council, he faith, That was not in his Charge; and as to the Prohibition granted in the Case of Vaux against Musgrave, he says, That also was out of his Charge, and he cannot say any thing to it but by way of Divination; and therefore he conceives that it cannot be able to convince any Man of High Treason, hardly of a Trespass; and why the enlarging of a Jurisdiction should be heightned to a Treason, he doth appeal to their Lordships Nobleness, Justice, and Honour, to consider; for he thinks none are in that place of Judicature, but they will desire to enlarge their Jurisdiction as far as in Reason and Justice they may; and it is a chast Ambition, if rightly placed, to have as much power as may be, that there may be power to do the more good in the place where a Man serves.
As to the Witness, who said, He the Deponent commanded his stay in London, he hath nothing to say to him of exception, but that he speaks to nothing in the Charge; the Defendent being charged with the Execution of the Commission, 8 and 13 Car. and what the Deponent speaks of, is precedent in time; besides, his Deposition is by hearsay from Mr. Justice Hutton.
Then he produced a Witness, who proved that he began his Journey into Ireland the 8th of July, 1633, and another Witness, That since the date of the new Commission, he never sat as President of the North in any Cause whatsoever; and that he was in Ireland when the Commission 13 Car. was renewed.
For Reply, the Committee desired it might be observed, That one of the Witnesses did speak particularly of the occasion of enlarging the Commission upon the Arrest of his Father; the President falling upon his Knees, and desiring his Majesty to enlarge his Power, or that he might have leave to go home and lay his Bones in his own Cottage. And he grew so high a little before the renewing of the Commission, that he said, He would lay them by the Heels who brought the King's Writ. Whereupon the Council were so awed, that they durst not demand Justice: So that the procuring a Renovation of this Commission, suited most to his Design.
Seeing the Reader is now upon the Commission and Instructions of the Lord President and Council in the North, take the Opinion and Judgment of Mr. Edward Hide, a Member of the House of Common in a Speech made by him to the House of Lords concerning this Court, Anno 1640, which we the rather mention, because he was one that shewed his Loyalty to the King, by being with him at Oxford, and other places in time of War; whose Expressions may make deep Impressions upon many, he being afterwards made by the King, Lord Chancellor of England.
'I am commanded (said he) by the Knights, Citizens, and Burgesses of the House of Commons, to present to your Lordships a great crying Grievance; which though it be complained of in the pesent Pressures but by the Northern Parts, yet by the Logick and Consequence of it, it is the Grievance of the whole Kingdom. The Court of the Presidents, and Council of the North, or as it is more usually called, the Court of York, which by the Spirit and Ambition of the Ministers, trusted there, or by the natural Inclination of Courts to enlarge their own Power and Jurisdiction, hath so prodigiously broken down the Banks of the first Channel in which it ran, as hath almost overwhelmed the Country, under the Sea of Arbitrary Power, and involved the People in a Labyrinth of Distemper Oppression, and Poverty.
'Your Lordships well know, That upon the suppression of all Religious Houses to such a value, in the 27th Year of Hen. 8. from that time to the 30th Year of that King's Reign, many (not fewer than six) Insurrections and Rebellions were made in the Northern Parts, under pretence of that Quarrel, most of them under the command of some eminent Person of that Country; the which being quieted before the end of the 30th Year, that Great King well knowing his own Mind, and what he meant to do with the great Houses of Religion; in the Year following, for prevention of any Inconvenience that might ensue to him upon such Distemper, in the 31st Year of his Reign, granted a Commission to the Bishop of Landaff, the first President, and others, for the quiet Government of the County of York, Northumberland, Cumberland, and Westmorland, the Bishoprick of Durham, the County of the Cities of York, Kingston upon Hull and Newcastle upon Tine. But, my Lords, this Commission was no other than a Commission of Oyer and Terminer, only it had a Clause at the end of it for the hearing of all Causes, Real and Personal. Quando ambæ partes, velaltera pars, gravat a paupertate fuerit. Quod it a ut quomodo jus suum secundum Legem Regni nostri aliter per seqai non possit. Which Clause, how illegal soever, (for that it is illegal and void in Law, little doubt can be made) yet whether they exercised that part of the Commission at all, or so sparingly exercised it, that poor People found ease and benefit by it, I know not, for at that time I find no complaint against that Court. And in the first Year of King James, a Commission was granted to the Lord Sheffield, which varied not from the former, only it had reference to Instructions which should be sent, but we find none sent. In June, in the seventh Year of the Reign of King James, a new Commission was granted to the said Lord Sheffield, very differing from all that went before; it being left out, That they should enquire, Per Sacramentum bonorum & legalium hominum, and to hear and determine, secundum Leges Angliæ, relation being had only to the Instructions, which were the first Instructions which we can find were sent thither.
'I shall not trouble your Lordships with these, or any other Instructions, but descend to the present Instructions and Commissions under which that part of the Kingdom groans and languisheth, since the Lord Strafford came to that Government, which was in December, 4. Car. And since the Commission hath bin three several times renewed, in the 5th Year in March, in the 8th in November, in the 13th Year of his Majesty's Reign. Into that Commission of the 8th and 13th, a new Clause was inserted for the granting, sequestring, and establishing Possessions, according to Instructions crowded in a mass of new exorbitant and intolerable Power.
'Though our Complaint be against this Commission it self, and against the whole Body of those Instructions, I shall not trouble your Lordships with the 9th Instrutcion, though it be but short; which introduceth that Miseram servitutem, ubi jus est vagum & incognitum, by requiring an Obedience to such Ordinances and Determinations, as be or shall be made by the Council-Table, or High-Commission Court. A Grievance, my Lords, howsoever Consuetudo & peccantum claritas nobilitaverit hanc culpam, of so transcendent a Nature, that your Lordships noble Justice will provide a Remedy for it, with no less care, than you would rescue the Life and Blood of the Common-Wealth.
'Read the 19, 22, 23, 24, 29, and 30, I will not trouble your Lordships with reading more, there being among them in the whole fifty eight Instructions, scarce one that is not against or besides the Law.
'Whether his Majesty may cantonize out a part of his Kingdom to be tried by Commission, though according to the Rules of Law, since the whole Kingdom is under the Laws and Government of the Courts established at Westminster; And by this reason the several parts of the Kingdom may be deprived of that Privilege, will not be now the Question.
'His Majesty cannot by Commission erect a new Court of Chancery, or a Proceeding according to the Rules of the Star-Chamber, is most clear to all who have read Magna Charta; which allowed no Proceedings, Nisi per legale Judicium Parium & per Legem Terre; for our Court of Chancery here, by long usage and prescription, is grown to be, as it were, Lex Terræ. But, my Lords, the 30th Instruction goes further, and erects such an Empire, such a Dominion, as shall be liable to no Controul.
'In the Exercise of Jurisdiction, the judges are sworn to grant and send Prohibitions: But to stop the granting of these Prohibitions to neglect them when they are granted, is the greatest and bold scorn of the Law, and the Law-Makers, that can be imagined.
And whosoever gave directions for these stout Instructions, might have remembred, that no longer since than Michaelmass, in the seventh Year of Eliz,. Rot. 31. an Attachment was granted against the Arch-Bishop of York, then President of that Council, for forbidding the Goaler of York to deliver one Lambert his Prisoner, who was sent for by a Habeas Corpus from the King's Bench.
And can such a Court as this, my Lords, deserve to live? What a compendious abridgment hath York gotten of all the Courts in Westminster-Hall ? Whatsoever falls within the Cognizance or Jurisdiction of either Courts here, is compleatly determinable within that one Court at York, besides the Power it hath with the Ecclesiastical and High-Commission Courts.
'What have the good Northern People done, that they only must be disfranchised of all their Privileges by Magna Charta, and the Petition of Right ? For to what purpose serve these Statures, they may be Fined and Imprisoned without Law, according to the Discretion of the Commissioners? What have they done, that they (that they alone) of all the People of this happy Island must be disinherited of their Birth-Right, of their Inheritance? For Prohibitions, Writs of Habeas Corpus, Writs of Error, are the Birth-tight; the Inheritance of the Subjects.
'Now these Jurisdictions tell you, you shall proceed according to your discretion, secundum sanas Discretiones, that is, you shall do what you please; only that we may not suspect this Discretion will be gentler and kinder to us than the Law, special provision is made in the Instructions, That no Fine, no Punishment shall be less than by the Law is appointed, by no means, but as much greater as your Discretion shall think fit. And indeed in this Improvement, we find Arbitrary Courts are very pregnant; if the Law require my good Behaviour, this Discretion makes me close Prisoner; if the Law sets me upon the Pillory, this Discretion appoints me to leave my Ears there. To proceed according to Discretion, is to proceed according to Law, which is summa Discretio, but not according to their private Conceit or Affection: For Talis Discretio, but not according to their private Conceit or Affection: For Talis Discretio (faith the Law) Discretionem Confundit : And such a Confusion hath this Discretion in these Instructions produced, as if Discretion were only to act with Rage and Fury. No Inconvenience, no Mischell no Disgrace, that the malice, or insolence, or curiosity of their Commissioners had a mind to bring upon that People, but through the Latitude and Power of this Discretion the poor People hath felt; this Discretion hath bio the Quicksand which hath swallowed up their Property, their Liberty: I beseech your Lordships reform them from this Discretion.
'Truly, my Lords, these vexed worn People of the North are not Suitors to your Lordships to regulate this Court, or to reform the Judges of it, but for extirpating these Judges, and the utter abolishing this Court; they are of Cato's mind, who would not submit to Cœsar for his Life, saying, He would not be beholden to a Tyrant for injustice; for it was injustice in him to take upon him to save a Man's Life, over whom he had no Power.
At the latter end of the month of March this Year, an Information was preferred in the Court of Star-Chamber by William Noy, his Majesty's then Attorney General, against John Overman and fifteen other Soap-makers Defendents, charging them with several Offences, contrary to divers Letters Patents and Proclamations, touching the making and uttering Soap, and using the Trade of Soap-makers, and other Offences in the said Information mentioned. Whereunto the Defendents did Plead and Demur as to part, and answer to the other part of the said Information: And the said Plea and Demurrer being over-ruled, for that the Particulars therein insisted upon, would appear more fully after Answer and Proof: Therefore the Defendents were ordered to answer without prejudice, and were to be admitted to such Exceptions to the said Information, and advantages of the matter of the Plea and Demurrer upon the Hearing, as shall be material; and accordingly the Defendents did put in their Answer, and did set forth several Acts of Parliament, Letters-Patents, Charters, Customs, and Acts of Common Council of the City of London, and other Matters material conducing to their Defence, and in conclusion pleaded not guilty.
That Sir Robert Berkley, then being one of the Justices of the Court of King's Bench, the 30th of March, in the eighth Year of his Majesty's then Reign, 1632, upon an Order of Reference to him and others, by the said Court of Star-Chamber, to consider of the impertinency of the said Answers, did certifie the said Court of Star-Chamber, That the whole Answers, excepting four words, and ten last lines, should be expunged, leaving thereby no more substance of the said Answers than the Plea of, Not Guilty.
And after upon a Reference to him and others, by Order of the said Court of the impertinency of the Interrogatories and Depositions of Witnesses taken on the Defendents part, in the same Cause, the said Sir R. B. the 2d of May, in the 8th Year of his then Majesty's Reign, certified that 39 of the said Interrogatories, and the Depositions upon them taken, should be suppressed, and were expunged and suppressed according to the said Certificate.
Both which said Certificates were said to be contrary to Law and Justice, and contrary to his the said R. B's own knowledge, and contrary to the said former Order, whereby the advantages were saved to the Defendents as aforesaid; and by reason thereof the said John Overman, and the said other fifteen Defendents, were Sentenced in the said Court of Star-Chamber, to be committed to the Fleet, and disabled from using their Trade of Soap-makers, and one of them Fined in the sum of 1500l. two of them in 1000l. apiece, four of them in a thousand Marks apiece; which Fines were estreated into the Exchequers without any mitigation.
And the said Defendents, according to the said Sentence, were Imprisoned, and deprived of their Trade and Livelihood, tending to the utter ruin of the said Defendents, and to the overthrow of Free Trade, and contrary to the Liberty of Subjects.
The said Judge being afterwards Impeached by the House of Commons, in the Lords House, for this, and for his Opinion in the case of Shipmony, and other matters laid to his charge; submitted to a Fine of 10000l. so not standing to a Tryal upon the Impeachment, he made no defence, which if he had done, we should here have done him right in mentioning the same.
Towards the middle of July the Ambassador had his last Audience of the King of Sweden, about the restauration of the Palsgrave to his Dominions in the Palatinate, at which time the King of Sweden discoursed of Proposals to this Effect, (if the Copy I go by be right.)
- 1. That the Palsgrave should hold his Country as a Donative of the King of Sweden.
- 2. That he should make no Martial Levies without the Sweden consent.
- 3. That during this War he should furnish the Swedes with so many thousand Men upon his own Pay.
- 4. That two of his chiefest Towns should stand Cautionaries for the performing of Covenants.
- 5. That he should make no League nor Article with any other Prince without the Swedes consent.
That he hoped the great Success which that King had in Germany, and lately at the Battle at Lipswick, did not heighten him in making these Demands, so as to forget the grounds of his Declaration, to restore the Liberty of Germany, or to forget his Master the King of Great Britain, who had sent him the Assistance of six thousand Men under the conduct of the Marquess of Hamilton, and the great Charge the King his Master was at in the raising, arming, transporting, and maintaining of those Men, without any Conditions of Retribution from that King, and wherein his Master had expended above an hundred thousand pounds.
The King of Sweden huff'd at this Discourse, yet at this time conquered the greatness of his Passion, but fell a quarrelling with the Ambassador, as if he had prevaricated from his Instructions, and that by his discourse on some Points he seem'd to be Hispanized, as if his Design tended more in favour of Spain than Germany. This occasioned a smart Reply from the Ambassador to that King, who when heard it, fell into a great Fury, stamping up and down in a Rage and Discomposure of Mind, and so they parted.
But afterwards, on July 19, that King sent his Secretary to the Ambassador, who told him the King his Master could not agree to the Conditions propounded by him. The King of Sweden urging a Defensive League, and for a limited time: But the Ambassador propounded a League only of Assistance, and the time indefinite and arbitrary.
Of these Proceedings the Ambassador gave an Account to Secretary Cook, to communicate to the King his Master, the King of Sweden's abrupt breaking off this Treaty in this manner, as is expressed in the Letter to Mr. Secretary Cook.
'That this King was not so prompt in breaking off the Treaty, and offering me his Recreditive, as he is now flow in performing the same, and giving me no Answer in writing to my Memorial. I have often pressed my Departure, but am still held up with good words and Excuses; and finding he is not willing I should yet go from his Camp, in that he conceives it may be prejudicial to his Affairs, having often prayed me to stay. I have sollicited for a Pass for my Secretary to go for England, which he promised me at first, but delayeth it from day to day, and so hath kept him up there ten days. By what I hear, it should seem he hath bin too rash in breaking off the Treaty, and would fain set it on foot again; for afar off (not directly) so much hath been intimated unto me; and some of this King's Ministers have been speaking of new Articles, but I not hearkning thereunto, hear no more of it, being resolved whatsoever future Overture shall be made unto me, not to entertain any, but civilly to excuse the same, until I receive his Majesty's Pleasure unto this Dispatch; and I do intend to transport my self from the King's Camp towards Strasburg as soon as I can possibly disingage my self from him, and there to make my Residence, judging it to be the fittest place; for the Armies cannot long stay in these parts, and I know not where they can live, but in the Land of Wirtenburgh and Alsace, all other Countries being already spoiled, so as I shall be near this King; if there should be any occasion for my return towards him if recalled. I am upon the Rhine, and may return either through France or the Low Countries as his Majesty shall direct.
'Both Armies being fast in their Works, keep themselves within their Retrenchments, without attempting any thing one upon the other, but in little Skirmishes, sometimes upon the Forragers, sometimes upon the Guards. But in the end he ordered Col. Dubartle to go and Petard the Town of Fredstate, where there was a Garrison, and burn the same, it being a Magazine of Corn for the Enemy, and the Post between Regenberg and their Camp. At break of day, being arrived, he put two Petars to the Ports, but they failing, he put Ladders to the Walls, scaled them, and so entred the Town. He found few Souldiers there, those that were, were in their Beds; so as finding no resistance, he set fire on the Town in seven or eight several places, burnt their Magazines, wherein were great quantities of Corn and Meal, and so retired.
'The same morning, being the 30th instant, this King had Advertisement that certain Troops were marched out of the Enemies Camp; he apprehending their intent was to cut off Dubartle's Retreat, marches with a Party of 300 Musquetiers, and 4000 Horse, to secure the same; upon the way he understood that Serjeant Major General Sparre was near thereabouts with thirteen Companies of Croats, and 500 Foot; the King thereupon advances with some Troops, Sparre retires with the Infantry and some Troops of his Horse, and under favour thereof gives a brave Salvo with his Musquetiers upon four Troops of Horse led on by Col. Strife, and upon the King's Foot, where was killed on the King's side Col. Rise who commanded the Foot, a Gentleman of the King's Chamber, one of his Pages, and divers of his Musquetiers. On the Enemies side, it is esteemed that there were two hundred left dead upon the place, and as many taken Prisoners among which there was Serjeant Major General Sparre, Lieut. Col. Gorden, and Capt. Leslie Scotsmen, two Lieutenants and one Ensign, all which were that night brought to the King's Camp, with one Cornet and two Colonels. The King hath of late proposed to the Deputies of Francfort, this Town, Ulme, Strasburg, to which he would also have joined the Country of Wirtenberg, to take into consideration the present state of the War, that amongst themselves they would think of raising Contributions, the ways and means how to pay his Armies, which he hath declared unto them (considering the present strength of the Enemy) must not be less than three Armies, each one consisting of 27000 Foot and 4000 Horse. How welcome this Proposition is to them, your Honour may well judge, for the Deputy of Strasburg, excusing that Town, in regard of their Neutrality with other Princes, and Situation, which should they not keep their Country would be burnt and spoiled: This King replied publickly in the face of the whole Court, that they had proceeded so coldly in the Cause of their Religion and Liberty, that they deserved not only their Country, but their Town to be burnt and spoiled.
'This King expects within a few days an Ambassador from the French King, it is thought it is upon the old ground of Neutrality for Bavaria, and the Catholic League, but my Opinion is, Bavaria will not upon any Terms fall off from his new Alliances with the House of Austria, though I understand he is tampering and treating underhand with the Evangelics, giving them assurance of his Affection towards them, and his Resolution to stand for the Preservation of the Liberty of Germany, which is the only Reason that, induceth me to apprehend, that this Embassie from France may be to draw the Evangelics and that Duke to a better understanding, and upon the old ground of removing the Empire from the House of Austria, which if it be, your Honour may be assured the States have their parts therein also.
'The Elector of Saxe hath sent, or permitted four Regiment of Horse and Foot, to join themselves with the Army of William Duke of Saxe-Wismar, they are joined to him, and are at Sweinsurt. The Chancellor with his Army at Wortzberg, and the Landgrave of He joined to him. This King presses me much to stay with him until his Armies be joined; which I cannot well refuse, though I desire much to be gone from hence; for Men die fast both in the Town and Camp: I cannot tell what to make of the Business between this King and the Elector of Saxe; for notwithstanding he is marched into Silesia, as the Letters from Lipsick say this day, and the last Troops are joined, &c. This King told Sparre upon the taking of him Prisoner, that he had been much imploied between Fridland and Sax; that he knew that which imported him both in his Honour and Safety, that if he would not discover unto him truly all things, he would pistol him upon the place. Unto which he made him this Answer, That he would discover as much as he could do with his Honour.
'The third Instant Camerarius brought me the Recreditive from this King, the which I have herewith sent your Honour. It is not absolutely in the manner he told me it would be, when he brought me this King's Verbal Resolutions concerning the Treaty, in Answer to my last Memorial. It is usual with this King to repent himself when the Blow is given; for he hath often told me, since the Occasion at Munchen, speaking with regret of that Proceeding, That he would give all he had to be Master of his Passions; but that when he begins but to be moved, he hath something rises in his Brain, that makes him forget what he faith or doth; that this he finds in himself, and the Inconveniencies that grow thereof, as soon as he is posed again; but yet he cannot get it mastered, though he hath often designed the same; and therefore he hopes God and all the World will forgive him.
'Camerarius told me farther in this King's Name, That he desired me to reside with him, for that if any overture of Peace should be set on foot between him and his Enemies, he had rather employ his Majesty's Ambassador than any, and me in particular. This King hath that imperfection, that for the present end he can put himself into any shape. This Proposition I knew not well how to refuse, since his Recreditive is not absolute, but mixt; and that I know not upon what terms stands his Majesty's other Treaties of Restitution, my self judging it necessary for his Majesty's Service, to keep this King in Appetite, and not to be loose of him, until I receive answer by this Bearer to this Dispatch; and therefore I accepted thereof with all civility and respect, having regard to your Honours Orders, which I received by the Dispatch which Sir Jacob Ashley brought; though I am still of Opinion, That this King intends not Peace but in case of necessity; but that he seeing that the residing of his Majesty's Ambassador by him in this Conjuncture, is a countenancing of his Affairs; so his going from him consequently will be a discountenancing of them; and that this King will never part with what he holds in the Palatinate, though it may be counsellable, if a General Treaty should ensue, to keep fair with him that he do no hurt; and so from them that have had their hands in oppressing of that unfortunate Prince, to endeavour a Restitution, whilst there is any hope from him or his.
'There was two days since taken Prisoner one Capt. Leslie, who serves the Emperor in Fridland's Army; he tells me, That Saxe is fallen off from the Agreement made between him and Fridland; that there hath bin sent by Fridland divers Regiments out of his Army to join with Don Baltazar, who commands the Army in Bohemia, with order to fall into the Hereditary Countries of the Elector of Saxe : He saith boastingly, That Fridland and Bavaria's Armies lying about us here, are 80000 Men; that they expect out of Bohemia, Austria, and the other Hereditary Countries of the Emperor 30000 more that are now levying; but withal privately confesseth, That in their Army there is great want of Bread, and that if a Blow should be given to the Imperialists, this King having possessed himself of the Rivers and Passes, Vienna will run a hazard, for that they have upon this occasion of Fridland's Expedition, put up their late Effort; so as it is probable, whosoever God will give the mastery unto in this present Occasion (if it comes to Blows) will have the Affairs of Germany in his power; and should this King prevail, it will cause great Revolutions, which before this Bearer can return unto me, apparently may be more clearly seen into.
'Since Leslie was with me, one brought me a Letter written by the Elector of Saxe to the Marquess of Cullinback, wherein he adviseth him to a Peace, for that the Empire cannot longer suffer War without total subversion: So as of that Duke's Proceeding, I know not what to judge: This Cullinback is of the House of Brandenburgh, and at present with this King. I have long since written for Blanks, to which you have hitherto made no Answer; I conceive them to be of use, especially if the Affairs tend to Accommodation. Fridland spoke with much affection of his Majesty, and cast out words as if he would be a Friend (if he were sought unto in the restitution of the Palatinate) as Affairs may be. His Majesty may have cause to make use of him. I purpose to see him; if the Blanks I have so long since written for, were by me, I could the better introduce myself by one of them. The Jealousies remain still between Fridland and Bavaria; And if the French shall again engage themselves with that Duke of Fridland, it may be of use.
I Have received three Letters from you by James Lesley, about the 25th of July, all which I assure you have given me very good satisfaction, as well for your right understanding of Affairs in general, as to give me a light how to direct you in particular, which at this time is the only subject of mine. One of two you must chuse, either to stay or come away: For the first, it were very honourable to do (in the times of Action) if you had an Emploiment; but neither having, or likely to have any hereafter, it were dulness, not patience, to stay any longer; yet it is fit to come off handsomly, neither shewing impatience nor discontentment (if may be); although I think you have cause for both: therefore I have commanded Henry Vane to propose a new Emploiment for you; which tho' I think it will not take effect, yet it still shew there is no way unsought for to find you out an Emploiment with the King of Sweden; it is, that you may be sent into the Palatinate, to assist the French with so many Men as my Contribution will maintain; which if it may be done, they promise me to put the Lower Palatinate in my hands. This, though I do not hold as Gospel, yet if this Design might be put in practice, it might certainly prove useful to my Affairs. This being denied, (as I think it will) you have no more to do, but to seek a fair Excuse to come hence, which will be best in my Opinions upon the Conclusion of the Treaty between Sweden and Me: Or if any Rubs arise, that you might be sent to clear it with me.
'The 12th of this present, I dispatched my Secretary Curtius unto your Honour, by the way of Hamburgh, the only Pass was then open; God grant he arrive safe; for two days after his departure, the Imperialists invested the same; He brings you the knowledge of the Affairs, and particularly how this King hath broken the Treaty. The 18th of this present, the King's Forces, under the Command of the Dukes of Saxe, Wimar, his Chancellor Baneire, and all his other Generals, joined themselves to the King, a Dutch mile and a half from this Town, the Imperialists not so much as making an offer to hinder the same.
'Those Armies make in all 13000 Foot and 8000 Horse; this day they advanced within a Dutch mile and less of this Town, and are encamped between it and Furth, where I saw them in Battale; to the Eye they seem to be good Men: This King speaks, that to morrow he will encamp them near, approach the Imperialists Camp, and cannonade them out of their Trenches; but that is sooner said than done, and will be difficult to effect, though something will be done within these few days, the issue whereof I purpose to attend; and yet I am of Opinion, that neither Party will come to a formal Battel, but in case of a remarkable advantage.
'The King of Bohemia, not withstanding the breaking off the Treaty, seems to me to have more hope than ever, and to believe, that the King of Sweden will restore him his Country, (God grant he be not deceived) unless it be in such a manner, that it may not be per-adventure worthy of his acceptation; but he believing the same, I conceive it not to be my Part to undeceive him; and upon this occasion, I shall propose unto your Honour, what way in my Opinion will be best for his Majesty to take in the Negotiation of the Palatine's Interest, making judgment of the Affairs as now they are; for his Majesty to continue an Ambassador longer here, I assure my self his Majesty will not think fit. To desert him or his Affairs absolutely, I know his Majesty will never do it: Necessary and requisite it is to have an Agent resident with this King, to have an eye upon the Affairs, and leave the King of Bohemia to treat for himself, since he hath so confident a Faith, that by him he shall have his Countries restored; for he hath told Marquess Hamilton and my self, within these few days, That he doubts not but to keep his Winter Quarters in Heydelburgh. And in this way his Majesty may contribute to him of his Bounty towards such an Accord, (if he shall approve thereof).
The King of Great Britain being by this time fully informed by his Ambassadors, and by the Marquess, of the Transaction of Affairs with the King of Sweden, and the little hopes of success, wrote this ensuing Letter to the King of Sweden.
Most Serene Prince, Brother, Cousin, and most dear Kinsman; We have very satisfactorily understood by our Letters, that you embrace our Friendship with singular servency; and We also in like manner have not only, with the most imaginable Candor and Constancy made use of, but earnestly catch'd at all Opportunities; not solely for the promoting of the Common Cause, but principally to maintain and adorn your Dignity and Welfare by all possible means: Nor do We question but that your Serenity is sufficiently convinced of this Matter, and that not so much by the frequency of Our Letters, as by the good Offices which we have decreed, rather to accumulate upon, than repeat. Yet this upon your Account is not to be passed over in silence, That We have sent, as it were, out of our Bosom, the Marquess of Hamilton, Our intimate Kinsman, a famous Pledge of Our Love, with an intire Regiment, at Our own Charges, to the remote Parts of Germany, that he might devote himself to your Service; by the Report of which Supplies not only your Enemies, who are variously distracted one among another, but the Princes also of your Associates, and Burgers, or Freemen, are kept and confirm'd in their Fidelity.
At length this last Embassy of Ratifying a League with you, which is thus ordered; that first of all, We should Act and Convene about as Auxiliary League for the recovery of Our Brother's Paternal Inheritance; and afterward, if need requires, of a Social One for the common Good and Safety; and this Method is most exactly prescribed in Our Letters of Credence, and Instructions to Our Ambassador Henry Vane Knight, one of Our Privy-Counsellors, and Chief Officer in Our Court, which he hath fully observed; nor did that Form which he received from Vs signify any more, than that he should more fully explain this Our Opinion, That what seemed convenient in your Judgment, might be at last communicated, without expence of Time. Wherein your Serenity, as well as all good Men, have had sufficient experience beyond all Controversy: That We never made any Alteration, either as to the Nature of the League, nor concerning the Powe of Our Ambassador; nor ever revoked any thing about which he once Convened; nor that We ever proceeded at any time dubiously or scrupulously, but ever constantly maintained and fulfilled those things which became a most Just Prince, most studious of your Welfare, a great lover of our Brother, and finally the most Religious Propugnator of the Publick Good. But because it does not seem convenient in your Opinion to observe the way We have laid down, We leave it to your Prudence, and so at this present recalling Our Ambassador to other Offices, We wish you Health, and pray for your Felicity.
Upon the Ambassador's receit of this Letter from his Master to the King of Sweden, requiring his Ambassador's Return, the Ambassador thought fit to write this ensuing Letter to the King, to excuse his not coming in Person to take his Leave.
The King having thought fit to call me home, and withal commanded me to convey this Letter to your Majesty, which is in answer to that you were pleas'd to write by my Secretary Curtius; It is not without a most sensible regret, that I am necessitated by express Order to undertake my Voiage forthwith, and hereby be depriv'd of the opportunity to kiss your Majesty's hands again, and deliver you the said Letter in person; your Majesty shall receive it, if you please, from the hands of the said Curtius, who being appointed by the King my Master to reside near your Majesty, to manage his Affairs; I beseech your Majesty to believe, that tho' the Commands of my King force me far from your Person, yet I shall ever be ready in the Design I have, to render you my most humble Service upon all occasions, and to preserve the Quality of,
By the return of my Secretary Curtius, I have received Order from the King to return to him with all diligence, and for the present to leave Germany. If this Revocation obstruct my continuance in your Majesty's Service in these Parts; yet I am confident that I shall still be Master of greater opportunities to employ my self at Court; where probably, I may be more capable of procuring your Majesty's desires, than I have bin hitherto; being near a Master who has a greater desire than ever not to abandon his former Resolutions to your advantage. Your Majesty may give an infallible conjecture thereof; that not withstanding my being called home, he hath thought good to establish my said Secretary for the continuation of his Affairs with the King of Sweden; and to the end that your Majesty might have a more ample Information, I have ordered him to go directly to Mentz, to give you an account of the Transactions that have passed here in England, and to present my most humble excuse to you, that upon my positive directions which oblige me with all diligence to accelerate my return, I have dispensed with the going so far out of my way, resolving to take a shorter Cut through France, and to sail to England from Calais. In the interim, if your Majesty imagin, that it may conduce to your Service to lay any Commands upon me before I arrive in England, I have sent with the said Curtius a Courier, who will overtake me in the way, and will bring me your Majesty's absolute Resolutions. I do daily resolve with all the power I have to put them in execution, it bring my design of persisting in the real resolution, of remaining,
The Ambassador at his departure left these Instructions for Mr. Curtius his Majesty's Agent with the King of Sweden, according unto which he was to govern himself with that King and the King of Bohemia.
- 1. The King of Sweden being now by the event of War in the Elector of Saxes Countries, or thereabouts, you are from hence to go to Mentz (it not being out of your way to the said King) there to attend his Majesty of Bohemia, and to give him all assurance of the continuation of his Majesty's love and affection towards him and his, howsoever the Treaty so long agitated betwixt the two Kings hath bin thought fit by the King of Sweden to be remitted till a more convenient time.
- 2. If you shall find that the King of Bohemia shall further press you upon particulars concerning the Treaty, you are to let him know, that the Colonels Pebely and Kelbe having been deputed from his Majesty to my Lord Ambassador the day before his coming from Nuremberg to confer with his Lordship upon that King's Affairs, in which Conference it was thought fit and necessary by them, that a motion should be made by his Lordship to the King of Great Britain, not to begin any further Treaty with the King of Sweden, or permit him to make any more Levies in his Dominions, until he should first consent and restore to him what he possessed of his in the Palatinate; His Lordship after some Conference with the said Deputies upon that Affair condescended to that motion, so he might be assured before his departure, that it was their Master's pleasure to send unto his Resident in England to second the same. Hereupon the said Deputies returned accordingly and declared unto his Lordship, that as soon as his Majesty should arrive at Francfort, he would dispatch an express into England with Orders to Sir Francis Nethersole to move it also; you are to signifie unto that King that upon your departure from thence, the said Express was not yet arrived.
- 3. And because new overtures of Treaty are made unto that King by the King of Sweden's Ministers, you are to enquire particularly what those are, and how they are entertained by his Majesty.
- 4. You are likewise to inform your self how far the French King hath an eye upon the Proceedings of the King of Sweden with the Town of Strasburg what they do now in the Palatinate, and what the French may contribute thereunto, and in particular concerning Frankendal, what designs or aims either of the said Princes have upon that Town, and whether the Spaniards might not be induced to consign the same into his Majesty of Great Britain's or the King of Bohemia's hand.
- 5. Lastly, That you use all possible industry to discover those who for the time past have endeavoured, or for the future shall endeavour either by Letters or otherwise to do ill Offices, or work misunderstandings between the two Kings of Great Britain and Sweden, with whom it is most necessary for the good of the Publick, there should be a strict and perfect Intelligence.
I Received your Letter after I had passed the River Lech. I do not question but you have already understood the Passages here, that Tilly and Altrin have been wounded; The Duke of Bavaria has abandoned Newburgh, and retired to Ingoldstadt. I will now give you an Account of the Surrender of Auspurgh; The Garrison quitted the place this Afternoon, being 3500 strong, and the King's Forces are entred; himself hath taken a Survey of the Town without the Walls, and to morrow will make his Entrance. So all things succeed according to desire. I am very glad of the hopes you give me that I shall be so happy as to see you. I presume the season will keep you here at Frankfurt a long time. For my own part I have no cause to complain; for the King is still of a very good humour, and continues the testimony of his great affection for me and my Concerns. I do not press him to any thing as yet, I hope all will go well; I shall not swell this Letter to any greater bulk, but only to assure you that I shall ever remain
Duke William of Saxon Weymour, Lieutenant General to the King of Sweden, was sent to by that King to take the English and Scotish Forces of the Marquess of Hamilton's Army under his Conduct, who were by that Duke reduced to two Regiments; the first was that of the English, over whom was William Balladine, a Scotish Gentleman, made Colonel, and Terwhit Lieut. Colonel.
Of the Scotish Regiment Alex. Hamilton was made Colonel. Here lay both the Regiments until they were drawn out by order from Duke William to go with him to disingage the King before Norembergh, where they peiced in with two Regiments of Foot more, the Blew Regiment whereof Ross was Colonel, and the Green Regiment was led by Col. Warder, to whom were joined a Regiment of Horse and four Companies of Foot, thence they go to Lutzen in Misnia (where a Battle was afterwards fought) of which more in its proper time.
The King of England having notice of this Reducement of his Army, intimated to the Marquess the high Esteem he had of the worth of Sir Jacob Ashley. And writ to him, that he could have wished that the English Regiment that was reduced had been conferred on Sir Jacob Ashley, but the King of Sweden was otherwise inclined.
If it were not troublesom to the Reader, we would willingly give him (before we totally leave Germany, and though the Ambassador is come away) a brief Account of some Military Engagement by the Swede's Army, wherein the English and Scots were concerned in the Action.
The King of Sweden, upon his March out of Bavaria, in the beginning of February (Old Stile) 1632, had a design to reduce the Strong Castle of Crutzenack, and came in Person, and the King of Bohemia with him, to see the same performed, and gave particular Directions for the Approaches, it being a place of considerable Strength, and where he met with considerable Resistance from the Garrison of the Spaniards there; however after having sprung a Mine, and given three Assaults, which were performed by the English and French Voluntiers in his Army, the Place was carried by them, though not without sundry being killed, and almost all of them wounded in the Assaults: At last they obliged the Governor of the Castle to demand Quarter, and the Capitulation was made by the then William Lord Craven, and Col. Boulin Quarter-master General of the King of Sweden's Army. The Conditions were to march away with their Arms within three hours, under a Swedish Convoy. A French Marquess, Col. Talbot, of the House of Shrewsbury, and Capt. Douglass, slain; The Lord Craven, Lieut. Col.Winde, Sir Francis Fane, of the House of Westmerland, Mr. Robert Marsham, were all wounded.
The Kings of Sweden and Bohemia were present when the Assaults were made; and though this place was so taken by Assault, yet it is remarkable that none were put to the Sword after they were Masters of it; the which was acknowledged by the Governor of the Castle, as a great clemency in the King of Sweden, and of those English and French Voluntiers who gave them so frankly their Lives. When the Lord Craven came afterwards into the King of Sweden's Pretence, the King told him, He adventured so desperately, he bid his younger Brother fair play for his Estate.
After the taking of the Castle, the King of Sweden designed for Frankendale; but Tilly, Lieutenant General to the Duke of Bavaria, having contrary to the Truce agreed upon (through the Intercession of the French King's Ministers) between the King of Sweden and the Elector of Bavaria, appointed to beat up the Quarters of Gustavus Horn (the King of Sweden's Field Marshal) at Bambourgh in Franconia, the King changed that Resolution, being highly displeased with Tilly for breach of Faith, and caused his Army to march directly towards Bavaria, where in his way he met with great Difficulties, both to gain the Passage over the Danube, more especially over the Lech; yet was performed by him with extraordinary Prudence, Expedition, and Success: for having viewed the latter, and finding an advantage of the Ground, whereby to facilitate his making a Bridge over the River, under the favour of his Cannon, he mounted in one Night's time near 120 Pieces of Battery, with which he did cruelly annoy Tilly's Army, which was incamped and intrenched under a Wood on the other side of the River, where General Tilly received a shot in his Knee by a Cannon Bullet, and General Altringer was hurt in the Head; so the Army quitted the Post, and the King, without any loss, gained that important Passage into Bavaria; and Tilly was carried in a Horse-Litter to Ingoldstadt, where he languished, and died shortly after; for whose Death there was great sorrow among the Catholick Confederate Germans and Spaniards.
Which advantage of the Passage was pursued by the King after his Army was refreshed, till by the News of the Enemies approaching to Ulm to besiege it, he broke up towards the Relief of that Place, but the Siege not going forward, he setled his Quarters near Noremburgh, where Wallenstein with the Imperial Army posted himself likewise to bar the King's Passage forwards into Bohemia.
The Enterprize was dangerous, and altogether impossible, as some conjectur'd, fearing the destruction of the Army might ensue thereupon. But the King's Courage and Resolution surmounted all things, and made that Passage as accessible to him as others. The King of Sweden understanding the Serpentine Windings of the Lech, which form'd it self at every turning into the figure of a half Moon, immediately he took up a Resolution to prevail, for he intrenched himself, and raised three Batteries, which was contrived and executed without delay, in one Nights time.
As soon as the Batteries were made upon the Banks of the River, they went to work with 72 Cannon-pieces, which plaid upon six Regiments of Tilly's Army, lodged in the Forrest opposite to them. The Swedes plaied with the Cannon very severely, without intermission; the Bullets flying into the Wood, made a most dreadful noise among the Trees and Men: These Cannon-shot did not only blind the Bavarians, but promoted the making a Bridge of Boats on the River near Oberndorf, by reason of the Smoke. As soon as it was raised, the King of Sweden commands some of his Companies to pass and intrench on the other side of the River; which was done before the Enemy could well perceive it. Col. Vangler had the Honour, and Lieut. Col. Forbase to pass first, at the head of 300 commanded Men; the King being extreamly satisfied with the Action, in making a Pass over the River.
As soon as Tilly had notice of it, he ordered four Pieces of Cannon to beat down the Bridge, and the Defences of the Terrace-Work. Before it con'd be made use of, He commanded several Regiments to attaque them, but the Swedes did incredible things till they were reinforced; which coming very seasonably, after three obstinate Assaults on both sides, the Bavarians were forced to leave them in possession, both of the Bridge and Half-moon.
The King of Sweden advanced his Troops with all possible diligence to pass the River in Person, but the Bavarians did not stay till his arrival, for they dislodged in the Night with great confusion, and withdrew themselves, part to Newburgh, and part of them to Ingoldstadt.
Tilly was wounded in this Combat, and the Bavarians hereupon began to lose their Courage; he was struck with a Bullet of three pounds weight above the Knee, after it had made several rebounds; they had much ado to carry him off, for they were constrained to halt several times in the Retreat, and look after his Horse-Litter; and whether it was the jogging thereof that incommoded him, the loss of Blood, and the pain that he endured, the one and the other, made him fall into such Syncopes and swooning Fits, that they often took him for dead, before they could carry him to Ingoldstadt, where they though to set his Knee, but all in vain; for after they had taken out of his Thigh four broken Bones, with unutterable torment to him, his Weakness, Age, and Grief, together with his Vexation and Melancholy brought him to his Grave.
His loss was very much regretted by his own Party, and had been more, but for his misfortune at the Battel of Lipsick, and since that which befel him after his Conquests. Many then remember the words of the Administrator spoken after the slaughter of Magdenburgh; That Blood could not be expiated but by Blood; and that the Actions of Murderers were very ominous to the Souldery, sooner or later. In fine; except some of those Misadventures mentioned, Tilly's Reputation was unspotted, and his Courage, Valour, Experience, his Credit with Men of War, his Conduct, and his signaliz'd Services to his own Party for many Years, might justly challenge, on his behalf, the Title of one of the Greatest Commanders of the Age. He obliged the Souldiers to cherish his Memory by a Legacy of 60000 Rixdollers, which he bequeathed to the Veteran Regiments that had serv'd under him.
The King of Sweden advanced somewhat too near, to satisfy himself of the scituation of Ingoldstadt, according to his usual custom, mounted upon a Gray Horse: The Engineers of Ingoldstadt conceiving some Person extraordinary in that Equipage, so level'd the Shot, that a Bullet took his Horse in the Crupper, and covered him with Blood and Dust. All his Retinue were in an unexpressible Terror, but they were soon changed into matchless Joys, when they understood their Head was safe, and their King ready to mount another Horse, without any other Transport, and returned God thanks for his Preservation.
All the Camp bore a part in this Astonishment and Joy, and supplicated the King carefully to manage the Lives of so many Millions of Souls as depended (under God) on his Conduct, since his Courage would not permit him to manage his own.
The King replied; That the Bullet that saluted him so near that day, did put him in mind that he was Mortal, and subject to the same Accident as the meanest of his Souldiers, and to that general Law, which no Crowns, Victories, nor Armies can avoid. That it remained only for him to resign himself to God's Providence, and that his Comrades who had their Arms in hand with him, should firmly believe, that the justice of the Cause, for which they exposed themselves to the hazard of Arms, had other dependency than his Life only. That the German Liberty would not want Maintainers, nor these Persons here Success, as long as they kept themselves in God's Way.
After the Death of Tilly, the Emperor was in great distraction how to preserve the Empire, half of it being already subdued by the Swede; and the Duke of Saxony in a manner Master of Bohemia. The Landgrave of Hess cast himself on the Swede's side; and the danger to the Empire seemed so great, as it stagger'd the Duke of Bavaria, his Country being now almost ruined, whether to stand any longer to the House of Austria.
The Emperor after many Consultations, and the extremity of the Affairs of Germany requiring it, obliged him to have recourse to Wallenstein, whom he had formerly casheer'd at the Diet at Ratisbon, as the only Person that seemed capable to save the Empire from Ruin; And the Duke of Bavaria, who had contributed much to the laying of Wallenstein aside from his Command, (and whom he perfectly hated) yet, seeing the Danger of his own Country, wherein the Swede had made great devastation, he seemingly complied with the Emperor to make Wallenstein Generalissimo. And now was the Emperor put to great Difficulties how to gain Wallenstein to accept of that Command; whereupon he privately permitted his Relations and Kindred to go unto him to found his Inclinations, and to tell him what an Honour it would be to him once more to be Generalissimo of the Empire, and so to spread his Fame throughout the World: But Wallenstein well perceived the Artifice. He now saw the Business brought under his hands to effect the secret Design which he had in his Thoughts; so he answered his near Relations very sparingly and modestly, that he was grown old, and desired to remain Quiet, and not to be robbed of his Repose; and did much deplore the Misfortune of his Soveraign the Emperor, as if he had been deeply affected for him, having at that time Revenge in his Heart against the Emperor, for the said Affront put upon him.
But at last seeing himself incessantly pressed, he gave fained words, promising his Service but for four Months only, in which time he would undertake to raise an Army of 30000 Men; but declared, He would be Sole and Absolute during that time, meaning not to be commanded by the King of Hungary, Ferdinando the Emperor's Son. For Wallenstein retained privately in his Thoughts to usurp the Kingdom of Bohemia, and to act so for future, as to make himself King thereof.
His Acceptance of this Command gave Reputation to the Affairs of the Emperor; he gave out Commissions to levy 60 Regiments, and in two Months time raised an Army of 30000 Men, having some supply of Monies from the Emperor, and the Princes, and great Courtiers about the Emperor, who did contribute much towards that Service. His Army was no sooner ready, but he sent to Vienna, that the Emperor would send a General to command them; in the mean time he put in Employment the divers Colonels and Captains, and other Officers, whom he had retained since the time that he was dismissed his Command; and his Kinsmen and Confidents had the greatest command under him. At which the Ministers of Spain and Bavaria were startled, and feared he should continue in Command, apprehending he had a Design of his own to revenge Injuries, and therefore would have had the Emperor to make Ferdinando King of Hungary, his Son to be Generalissimo; but the Conditions of Affairs was such in the Empire, as they must cast themselves upon Wallenstein, and upon his own Terms.
And by the beginning of April, he marched with his Army towards Bohemia to recover the City of Prague from the Duke of Saxony, wherein the Duke had 7000 Soldiers; and Summons being given, the Duke refused; Wallenstein makes a Breach with his Cannon, and Commands the lesser City to be Stormed, but the Saxons beat them off many times; but Wallenstein resolving not to spare Mans Flesh, makes his Horse drive the Foot on again, and so overlays the Saxons with numbers and frequent attempts by Arms, that he by force enters this lesser City, which presently brought the other City to Composition to go out with their Lives and Baggage, only with Swords by their sides, and leaving the Colours, and other Arms behind them. Hereupon Wallenstein sends their Colours he had taken to Vienna, and the Emperor creates him Duke of great Glogau in Silesia.
And Wallenstein acted very successfully in Bohemia, so that in the month of June he took Egra a strong Garison Town, and other places. About the 17th of June, Wallenstein and Bavaria join all their Forces against the King of Sweden, resolving to visit him at Noremburgh, where the King had intrenched himself, being too weak at that time to Encounter Wallenstein and Bavaria, and Wallenstein makes his Head-Quarters betwixt Noremburgh and Furt, where July the 4th he fate down and intrenches himself, having the fastness of the Woods and the tops of the Hills, and the advantage of being between the two Rivers Rednitz and Pegnitz. Thus did Wallenstein put his Army betwixt the King's Camp, and the Country of Franconia, whence his Forces and Victuals were to come, yet the King also had the help of the Town of Noremburgh to supply the Army with Provisions.
On the 18th of August the King had drawn together those Forces, which he had sent abroad under the Commands of Oxenstern, the two Dukes of Weymar, the Landgrave of Hessein and Bannier, and on the 21st of August the King took a view of the whole Army drawn up into Battalia before Wallenstein's Trenches, and stood in that posture all day to make a Brave upon him, the King's Army consisting of 26000 Marching Men in Field and Battalia, and at this time in good health and lusty: but notwithstanding this Bravado, Wallenstein would not budg a foot out of his Quarters, thereupon the King cast up three great Batteries, and from thence played incessantly into Wallenstein's Quarters, he thundring the like into the Swedes Quarters. But the next day, (August 22.) the King perceiving the Wallensteiners wisely withdrawing themselves out of the Beat and Raking of the Swedish Ordnance, the King dismounted his Cannon, and removed to possess himself of a certain Hill, which commanded Wallenstein's Leaguer, hoping to beat him out of his Quarters, and to force him to fight. Which Wallenstein perceiving, retired himself into the Forest called Altemburgh, where he made use of an old Fortress, and strongly intrenches himself, and barracado'd up all the ways, by cutting down round him the Trees. The Hill was very high and steep, craggy and bushy.
But, notwithstanding all Discouragements the King having got all his Army together, resolved to force Wallenstein out of his Trenches by Assault, which many of his own Commanders, as well as Scotish Officers, would have persuaded the King against making an Attempt upon him on so great Disadvantage. But the King understanding the Emperor had sent to Wallenstein to avoid fighting, to weary out the Swede by delays, was the rather resolved to attaque him in his Trenches, the King of Bohemia and Marquess Hamilton being at this time with the King of Sweden, were Eye-witnesses of what followed presently after in a sharp Encounter.
On the Noremburg side of his Trenches the King cast up three great Batteries, and from thence played incessantly into Wallenstein's Quarters, he thundring as furiously upon the Swede again. General Bannier at that time was shot in the left Arm above the Elbow.
The King caused some greater pieces of Ordnance to be mounted upon his Batteries, and seeing then they did no hurt to the Enemy, for Wallenstein's Men drew out of the reach of the Swedish Ordnance; Hereupon the King caused his Ordnance to be dismounted, and drew the Noremburgers out of their Trenches, and that day passed most part of his Army over the River Rednitz, a little above Furts, where the English and Scots were placed to secure the Pass.
Wallenstein perceiving the King's intention to possess himself of a certain Hill which would greatly advantage the King to beat up his Quarters, thereupon retired into the Forest called Altemburgh, and strongly intrencht himself, and barracaded up all the Ways, cutting down all the Trees round about, having a high Hill, and very steep for his advantage; nevertheless the King resolved to fall upon him in his Trenches.
The King himself led the Van-guard of the left Wing, Duke William of Saxon Weymer had the honour of the Battel to close up the King's right hand, and Duke Barnard with the Landgrave of Hessen, brought up the Rear; some of these Troops were sent to fall upon the ruinous old Castle of Altemburgh on the Hill, the winning and defending of which old Castle spent ten hours time; on both sides many a brave Gentleman there lost his life, many wounded, and many taken Prisoners. Then the King himself led on his Men close to the Enemies Works and Batteries, but Wallenstein made a stout resistance, having the advantage of the higher Ground, Trenches and Batteries, maintained the Fight with extremity of confidence; the Cannons and Musquets firing all day long, both sides were desperate in maintaining the Fight with Terror, Fury and Obstinacy, Regiment attaquing Regiment, until the greater part of the Foot on both sides were throughly ingaged in the Medly. Most of the Swedes being come down from the Castle to the Plain, there began another Encounter, the Enemies Curassiers issuing out upon the Swedes Musquetiers, did so much overlay them, that they forced them to give ground, and many brave Commanders of the Swedes there taken and slain.
The night beginning now to approach, put an end to the Skirmish, and both sides began to fall off from one another, having lost their Sight rather than their Courage. Thus was there a drawn Battel. The Swedes indeed lost their hopes, and the Imperialists kept their Ground; the King did now (when too late) call to mind that many of his own, as well as Scots Officers, persuaded him against this so rash Attempt.
Now it was high time for the King of Sweden to sound a Retreat; and much better had it been (saith one Historian) that a Charge had never bin founded: It was almost an impossible thing to get up the Mountain and attaque that old Castle without huge Disadvantages.
In this late Action on the King's side were slain the Count Erspac, Maj. Gen. Boetius, and divers of the English and Scots; And now the King perceiving that Wallenstein was resolved to tire him out with expectation of a Battel, and that he would upon no other Terms accept of the Encounter, judged it his best course to leave the sullen General in the fastness of his Trenches, seeing he would not be drawn to a Field Fight. So the King resolved to enter into Action by way of diversion, having secured Noremberg, a place which had been good to and tender of his Army, by leaving Kniphausen with sufficient Forces to defend the place against Wallenstein; so the King resolves to fall into Bavaria amongst some of the Catholick Leaguers Lands, and to force out Wallenstein by that diversion: And on the 8th of September the King dislodges, and Wallenstein dislodges likewise.
Afterwards there happened many Encounters between Parties of both Armies, which we forbear to mention, left it weary the Reader, therefore accept a brief account of the King's return to Noremburg, and of the Battel at Lutzen, Novem. 6, 1632, where the King of Sweden was Slain, referring to a more lage account in the Appendix.
On Thursday November the 1st the King of Sweden arrived at Naumburgh, and the same day went out upon a Party for discovering the Enemy; after him, that afternoon went out these three English Gentlemen, L. Col. Francis Terwhit, Serj. Maj. John Paulet, and Capt. Edward Fielding. These three taking the right hand way, the King being gone on the left, fell into an Ambush of the Crabats. The first and the last were taken Prisoners, and were carried into the Imperial Leguer, and kept under a Guard in the rear of the Army all the day of the great Battle at Lutzen. Wallenstein marched to Lutzen, where, and in the Towns thereabouts, his whole Army Quartered.
The King thereupon parted out of Naumburgh, and doubled his March, yet it was night before the Army could get within two English miles of Lutzen. The King had an ill Pass to get over within two miles of Lutzen, and the King had another Pass right against that which the Imperialists had possessed: he from thence let fly some Pieces of Ordnance among them, to let them know he challenges them to fight, but they not liking the place, marched off in the night.
The Imperial Army was in a terrible Hubbub at the King's sudden coming and getting over the Pass, and Wallenstein began to think of places more advantagious to engage in Battel. He mounted his Ordnance upon the Windmill Hills, and then began to cast up a Trench of Earth about them, working all night, and to make the Hedges and Ditches to serve for Break works to lodge his Musquetiers in.
Tuesday, the fatal sixth of November began to draw near, the Drums beat a March towards the Enemy, but the morning proved so misty, that it was impossible to see which way to march; but about eight of the clock the Mist brake up; the King having made a Speech at the Head of his own Forces, and to the German Troops, gave the Word to the Souldiers, which was God with Us; Wallenstein's Word was the same which Tilly had, Jesu Maria; the King advanced about nine of the clock and shot off his warning Piece. The King's Army having all the way a full view of the Imperial Army, by which they perceived Wallenstein had much overpowered them in numbers, having a mighty long Front much above an English mile, from one Wing end to another, which might well be, for Wallenstein's Discipline was to march ten deep in File, and not many in Reserves. The Armies being come within Cannon-shot, the great Ordnance began to play terribly on both sides, till they joyned Battel, and came to a close Fight, wherein the King of Sweden was slain; or rather in a Party of Horse with which he went before the Fight to discover the Posture of the Enemy before the Mist brake up, and was surprised by the Curassiers, and the King and the King and his Party cut off; yet the Victory was obtained over Wallenstein and his whole Army. As for the Particulars and Circumstances attending this Battel, see more at large in the Appendix.
This Year was remarkable for the Death of three Kings; Sigismond King of Poland, who died the 29th of April; Gustavus Adolphus King of Sweden, who was slain on the Bed of Honour, November the 6th; and Frederick King of Bohemia, who died of the Infection the 19th of November.
Wallenstein Duke of Fridland, and the Emperor's Generalissimo, and a Prince of the Empire, was near his End; which gives us occasion to speak something of that great Commander, by former Successes over the Danes and Saxons; who having collected his Forces at Egra in Bohemia, and paid them three Months Pay in Mony, took the Oaths of Officers and Souldiers to himself, without naming the Emperor at all. And now his Revenge for being cashiered at the Diet at Ratisbon, breaks out, and the Discovery is made, That he was to join with the Swede, and share all between them, and Wallenstein to be made King of Bohemia.
Two of the Emperor's Colonels, Gordon and Leslie, Scots, and Butler an Irish Officer, being faithful to the Emperor, and abhorring the Design of Wallenstein to betray his Master, conspire Wallenstein's Death: and Butler comes first to him in his Bed-Chamber at Egra, as he was dressed for his Bed, cried out unto him, Thou Traitor to the Emperor and Empire, and ran him through the Body with his Partisan stark dead, and threw him out of the Window (as some write) and thus ended that Ambitious and Revengeful Man.
This Character is given of him, That he was the Son of a Baron in Bohemia, and not raised from the Plough, as some would have it; for a Baron in Bohemia is one of the greatest Lords in that Kingdom, in which there are neither Dukes nor Marquesses. The Barons being so jealous of their Dignity, that if a Stranger Duke would be naturalized Bohemian, they would oblige him to quit his Title, and to content himself with theirs.
His Father brought him up in the Protestant Religion, and would have had him apply himself to Letters; but his turbulent Spirit inclined not that way, which induced his Parents to send him to Court sooner than they intended. So they presented him Page to the Marquess of Burgh, Son to the Arch-Duke Ferdinand of Insprug; whilst he remained there, falling from a high Window, without hurting himself, he turned Roman Catholick; fancying, that after this happy Escape, he was reserved for something extraordinary; so he quit his Master, and travelled through Germany, into England, France, Italy, and other parts; and having much improved himself, returned into Germany.
The Troubles of Bohemia following, and the Nobility of that Kingdom confederating against the Emperor, Wallenstein was employed by the Emperor, he defeated 6000 Hungarians with fifteen Troops of Horse, which purchased him very extream Fame, and very extream Envy.
In this high Employment he added much to his Reputation, in taking the Town and Diocess of Halberstadt; conquered Hall and its Bishoprick; wasted the Territories of Magdenburgh, entred into those of Anhalt, fortified Dessan, defeated Mansfield, and with him 4000 Flemmings, the chief Force of the Danish Army. After that, perceiving that Mansfield and Weymour, with their Forces, bent towards Hungary by way of Silesia, to give Life to the Rebellion, and join with Bethlem Gabor; he pursued Bethlem and Mansfield, and finding them at the Siege of Novegrade, vanquished them, cut in pieces the Janisaries that were come to the Succour of Transilvania, and drove Mansfield out of Germany, who had bin its Terror for so many Years; returning to Silesia, where he found Weymour dead, he obliged half his Troops to surrender themselves, and overcame the rest took in all the Revolted Towns, and after he had pacified the Hereditary Provinces, led his victorious Army, strengthned by that of Tilly, against the King of Denmark.
With these great Forces, he defies the Marquess of Urlach, conquers the Archbishoprick of Bream and Holface; filled his Troops out of the new Levies that Charles of Lawenburgh had raised for the Enemy; rendred himself Master of all that lies between the Ocean and the Baltick-Sea, leaving the King of Denmark nothing but Glucstadt, and that little corner of Land which is separated from the rest of his Dominions. Wallenstein drove the King of Denmark out of Pomerania, into which Province he had made a Descent and Progress, forcing him to remount his Ships, where yet perhaps he had not found his safety, if Wallenstein had had Sea-Forces; insomuch as from that time to the Peace of Lubeck, the Dane never enterprized any thing, contenting himself to succour those of the Sound, who were only able to stop the torrent of the Imperial Arms, which so many Nations had in vain opposed.
In this flourishing Estate of the Empire, leaves Tilly Lieutenant General to the Duke of Bavaria in Frize, to take up his Winter Quarters; but in effect it was, that the Emperor might not have any longer the Duke of Bavaria for Companion, and that himself might remain without Competitor, sole Director of all things.
Ferdinando the Emperor conferred on Wallenstein the Dukedome of Mecklenburgh, who became Master of that Estate and Title. He secures himself of all the Ports in the Baltick-Sea except the Sound to which he lays violent Siege.
And now he might quietly have enjoyed the Glory of his great and faithful Services, if his Ambition (that was always above his Fortune) had not transported him; he was stiled Highness, Eating alone stamping Money, solliciting Audiences, affecting to resemble Kings; which corrupted the solidity of Vertue, and he was brought to an untimely end.
The Emperor of Muscovia having a design to regain a great Town out of the King of Poland's Possession, called Smolenskoe, being a strong Place, lying in the Borders of Poland, formerly taken by Sigismond King of Poland from the Muscovite; he applied himself to the King of Great Britain for leave to raise 2000 Englishmen; to which the King gave consent, and recommended Colonel Thomas Sanderson to command the Men that should be raised. And having got a double Regiment together, he transported them by the North Cape, and landed them at Arch-Angel, being the North Part, and Port to Musco.
The Pole marches also with a Potent Army to raise the Siege, and entrenching himself with all the Advantages that might be, to secure his Army against the Assault of the Muscovite, and yet so ordered his Trenches, that he might by degrees send out strong Parties to cut off Provisions from going to the Camp of the Muscovite.
The General for the Muscovites, had a Design with 3000 Foot and Horse, to fall upon the Pole in their Trenches, being weakned at that time by drawing off their Horse to prevent the Muscovite from being relieved by Provisions. And having designed Colonel Sanderson to command the Men, appointed him to attaque the Enemy in one Post: The General and he took a serious view of the Enemy's Camp, where to fall on. At which Colonel Lesly, a Scot, was offended that the General had not honoured him with that Service; and an Alarm being beaten, when they were taking the view, the General commanded Sanderson to hasten to his Quarter; and in his passage Lesly shot him dead with a brace of Bullets, without giving him the least warning to defend himself.
Upon which Murder, the English (in a rage) drew into a Body to be revenged upon Lesly; the Scots likewise drew into a Body, but the General prevailed with both Parties to mind their Duty against the Enemy, and promised the Murderer should be secured, and accordingly he was put under a Guard. But the Enemy, the Pole, understanding this Distraction between the English and Scots in the Muscovite Army, falls upon the Muscovites in their Leaguer, greatly disorders them, and kills five or six thousand Men, and constrained the Muscovite to accept of dishonourable Terms; for a Peace was then concluded of all Matters in difference between those two Princes concerning their respective Claims to that and other Places.
After the General of the Muscovite returned home, he had his Head cut off, and his Son the Lieutenant General was whipt to Death about the Streets, and his Family banish'd for ever into the Country of Ibera, there to catch Sables for the Emperor's Profit.
The Murderer Lesly, after some time of durance in Muscovia, was sent into England a Prisoner; and here he was committed in Order to a Trial before the Court of Chivalry, where he was prosecuted by the Friends of Sanderson; but that Court found they could not here punish Murder with Death, which was committed in a Foreign Nation. Lesly afterwards obtained his Pardon, and then returned again into Muscovia, where he was, upon suspicion of Treachery, imprisoned and condemned to Die; and from the top of a High Tower was flung down upon sharp Stakes, and Spikes fixed in the Ground; and in that torture, endured for some time a lingering Death.
'Whereas upon discovery of some notable Abuses in the false Dying of Silk, which had crept in upon the Trade, by the Fraud and Covetize of some ill-disposed Persons; whereby besides the unjust increase of the Weights, the Silk was weakned and corrupted, and the Colour made worse, to the great abuse of Us and Our Subjects, and to the apparent overthrow of the whole Trade, if the same should not have been prevented: We taking into Our Princely consideration the many Benefits that do redound to Our loving Subjects, by the Importation of Raw Silk from Foreign Parts, and working the same into Manufactures here at home, whereby multitudes of Our poor People are daily set on Work and maintained, though to Our own loss; did heretofore, by our Publick Proclamation, given at Our Court at Farnham, the ninth day of August, in the sixth Year of Our Reign, utterly forbid the use of all such Deceit and Falsity in the Dying of Silks, and for the present did thereby prescribe some Rules to be observed for the preventing of the like Abuses thereafter, until upon serious and mature deliberation, by the Advice of Our Council, We should be able to make a more absolute Reformation.
'And whereas We finding by experience upon other Trades, That this so great and good a Work was not throughly and perfectly to be done and performed by any other way, than by a Corporation to consist of those Persons and Members thereof, who having knowledge in the several Trades or Mysteries of Working and Dying of Silk, could best take timely notice of, and discover the several Deceits and Abuses, which otherwise would from time to time be attempted and used therein; upon mature consideration, did thereunto incline Us unto the way tending to the encrease of the said Trade, and maintaining the estimation thereof, (which we much desire); and thereupon by Our Letters Patents, bearing date at Westminster the twentieth day of May last, did Constitute, Ordain, and Declare, That the Persons therein-named, being Persons using the Trade of Buying, Selling, or working of Silk, Gold, and Silver Thread, and the several Manufactures thereof, and their Successors, should for ever hereafter be one Body Politick and Corporate, by the Name of the Governour and Company of Silkmen of London, for the well ordering of the Silk Trade throughout the Kingdom of England; thereby giving them full Power and Authority to Make, Ordain, and Establish all, or any such Laws, Statutes, Acts Orders, Constitutions, and Ordinances, for the good Government, Order and Rule of the said Governour and Company, and every or any of them: As also all and singular other Subjects of Us, Our Heirs and Successors, residing within Our Kingdoms of England, Ireland, and Dominion of Wales; and intermedling with, or in any wife using or exercising the Art, Trade, or Mystery of a Silk-Man, Selling or Working of Silk, Gold or Silver Thread, or Manufactures made of them, every or any of them, as to them should seem meet and convenient, for the taking away, punishing and preventing all present and future Abuses, that then had, or at any time then after should or might arise, or grow upon the same Trade, in the Throwing, Twisting, Dying, Mixing, Weaving, Working, or Selling of Silk, or Silk-Wares, or Gold or Silver-Thread; or in the several Manufactures made of them, every or any of them, and also all other Abuses whatsoever, from time to time, growing or arising upon the Silk Trade.
'And the same Statutes, Laws, Acts, Orders, Constitutions and Ordinances so had and made, to put in use and execution accordingly; and at their pleasure to Revoke, Repeal, and Dissolve the same, or any of them.
'Which Letters Patents we were the rather inclined to grant, for that We reposed special Trust and Confidence in those of the said Company, for the well-ordering of the said Trade, and taking away the Abuses used therein. That whatsoever Silk should be found to be thereafter heavy dyed, shall be burnt and destroyed.