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 1633.
The Arch-Bishop of Canterburies Diary for the Year 1633.
June 6. I came to Barwick; that Night I Dreamed, that K. B. sent to me in Westminster-Church, that he was now as desirous to see me as I him; and, that he was then entring the Church: I went with hope, but met another in the middle of the Church, who seemed to know the Business, and laughed, but K. B. was not there.
- June 8. Whitson-Eve I received Letters from K. B. unalterable, &c. by this if I return, I shall see how true or false my Dream is, &c.
- Saturday, June 15. I was sworn Councellor of Scotland.
- June 18. Tuesday after Trinity Sunday K. Charles Crowned at Holy-rood Church in Edenburgh. I never saw more expressions of Joy than were after it, &c.
- June 19. Wednesday, I received two Letters from K. B. No Changling, &c. within three hours after, other Letters from K. B. believe all that I say, &c.
- June 29. Friday, Letters from K. B. no D. true, if not to my contentment, &c. June 30. I preached to his Majesty in the Chappel in Haly-rood-House at Edenburgh.
- July 1. Monday I went over Forth to Brunt Island.
- July 2. Tuesday to St. Andrews.
- July 3. Wednesday over Tay to Dundee.
- July 4. Thursday to Falkland.
- July 7. Sunday to St. Johnston.
- July 8. Monday to Dumblane, and Striveling, my dangerous and cruel Journey, crossing part of the Highlands by Coach, which was a wonder there.
- July 9. Tuesday to Linlithgow, and so to Edenburgh.
- July 10. Wednesday, his Majesties dangerous passage from Brunt-Island to Edenburgh.
- July 11. Thursday I began my Journey from Edenburgh towards London.
- July 13. Friday, that night at Innerweek; I dreamed that L. L. came and offered to sit above me at the Council Table, and that L. H. came in and placed him there.
- July 20. Saturday the King came from Scotland to Greenwich, having come Post from Barwick in four days, (being 260 Miles.)
- Friday, July 26. I came to my House at Fulham, from Scotland.
- July 28. Sunday, K. B. and I met, all the strange discourses mistaken, I went away much troubled, but all setled again well, August 30. Saturday following.
- Sunday, August 4. news came to Court of the Lord Arch-Bishop of Canterburies death, and the King resolved presently to give it me, which he did August 6.
- August 4. That very Morning at Greenwich, there came one to me seriously that vowed ability to perform it, and offered me to be a Cardinal : I went presently to the King, and acquainted him both with the thing and Person.
- August 7. Wednesday, absolute settlement between me and K. B. after I had made my case known at large. God bless me in it.
- August 14. Wednesday, a report brought me that I was poysoned.
- August 17. Saturday I had a serious offer made me again to be a Cardinal; I was then from Court, but so soon as I came thither (which was Wednesday, August 21) I acquainted his Majesty with it: but my Answer again was, that somewhat dwelt within me, which would not suffer that till Rome were other than it is.
- August 25, Sunday, my Election to the Arch-bishoprick was returned to the King, then being at Woodstock.
- September 19. I was translated to the Arch-bishoprick of Canterbury. The Lord make me able, &c.
- The day before when I first went to Lambeth, my Coach, Horses and Men sunk to the bottom of the Thames in the Ferry-Boat, which was overladen, but I praise God for it, I lost neither Man nor Horse.
- November 13. Wednesday, Richard Boyer, who had formerly named himself Lodowick, was brought into the Starr-Chamber, for most grosly misusing me, and accusing me of no less than Treason, &c. He had broke Prison for Felony when he did this. His Censure is upon Record, and God forgive him. About the beginning of this Month the Lady Davis Prophesied against me, that I should very sew days outlive the fifth of November. And a little after that one Green came into the Court at St. James's, with a great Sword by his side, swearing the King should do him justice against me, or he would take another course with me. All the wrong I ever did this man was, that being a poor Printer, I procured him of the Company of the Stationers five pounds a Year during his Life. God preserve me, and forgive him: he was committed to Newgate.
- Sunday, November 24 in the afternoon I Christned King Charles his second Son, James Duke of York, at St. James's.
A Thanksgiving for the safe Delivery of the Queen's Majesty, and happy Birth of the Duke of York.
Most Gracious God, and Loving Father, we give thee all humble and hearty Thanks, for thy great Mercy, in blessing the Queens Majesty with a happy Deliverance, in, and from the great Pains and Peril of Child-birth. We humbly beseech thee to continue and increase this Blessing, that she may happily overcome this, and all other Dangers. That His Most Gracious Majesty may long have joy in Her most happy Life; and both of them Comfort in the Royal Prince Charles, and the rest of their Princely issue, particularly in the Newborn Prince the Duke of York. That they may all prove a Healthful, Hopeful and a Successful Posterity; that both Church and Kingdom may have fulness of Joy in them. That so their Majesties Royal Persons may be filled with Honours in this Life and with Eternal Happiness in the Life to come. And this even for Jesus Christ his sake, our only Saviour and Redeemer. Amen.
'That whereas in His Majesties Progress through divers parts of the Realm, necessity requires, That a great number of His Majesties Subjects, not only Noblemen, but others, attending his Service, and others for their necessary Occasions, should frequent those places, where the King in His Royal Person shall resort, and it is therefore requisite that Competent Provisions be made, that they be not exposed to the intolerable Avarice of Bakers, Brewers, Inholders, Butchers, and Sellers of Victuals, who do ordinarily unlawfully exact and demand unreasonable and extream Prices for Victuals, Horsemeat, Lodging, &c. above the Prices they were fold at before the Kings coming into those Parts: Therefore His Majesty doth Publish and Command, that all Persons do keep such Prices as are and shall be Assessed and Rated by the Clerk of the Market of the King's Houshold, or his Lawful Deputy, within and without their Liberties, upon the presentment of Jurors, by vertue of his Office Sworn and Charged from time to time.
'The Kings Majesty having taken into his Princely Consideration some Inconveniences, which may fall out and happen in His intended Journey towards His Kingdom of Scotland, if present care be not had to prevent the same, hath thought fit, by Advice of His Privy Council to publish and declare, That his Royal Pleasure and Command is, that none of his Subjects of what Degree or Quality foever they be, during the time of His Majesties going and returning in the said Journey, shall presume within the Verge of His Majesties Court, to take up or possess themselves of any Lodging, of their own private Authority, but shall first receive a Billet from His Majesties Harbingers, or some of them. And his Majesty being graciously Pleased and providently Careful, to prevent such Grievances, which may in this Journey happen to his loving Subjects, doth likewise hereby straightly charge and command, that none of his Majesties Servants, nor the Servants of any Noblemen, or others whatsoever, shall in the said Journey presume to take any Cart or Carts, but such as shall be delivered unto him, or them, by some of His Majesties Cart-takers, or their Deputies; And lastly, His Majesty's further Will and Pleasure is, that this His Royal Proclamation and the Directions hereby given and Commanded, shall likewise continue and remain in force for His Majesties Service and the good of his Subjects, in all other his Majesties future Journeys and Progresses whatsoever, the due observing whereof his Majesty expects from all his Loving Subjects, as they tender His Pleasure, and will avoid the Contrary at their Perils.
May the 13th. His Majesty having appointed the Lord Cottington to Sign all Pacquets, set forward from London, attended by the Earls of Northumberland, Arundel, Pembrook, Southampton, Holland, Marquess Hamilton, and other Nobles and Persons of Quality. In his Progress he slept a little out of the way to view a place at Giddon near Stilton in Northamptonshire, which by the vulgar fort of People was called a Protestant Nunnery. When His Majesty came to that place, he understood that it was by the Institution and Appointment of one Mrs. Mary Farrar Widow, aged about eighty years (who said the bid adieu to all fears and hopes of this World, and only desired to love God) and none were permitted to reside in her House and Family, but such as would devote themselves to that Course of Life, which she by her Order had appointed, to frequent Prayers at certain Hours, Morning, Noon, Evening and Night-time; they were to Eat by Measure and Drink by Quantity. Within the Chappel was a Rich Altar, Crucifix, Candles of White and Green Wax and before they went to read Prayers they bowed three times before the Altar, as they went up and came down. Those that entred into that course of Life with them, were at liberty to use any Vocation within the House, as binding of Books, teaching of Scholars, others studying their Books. Lastly, the Foundress was pleased to add this Liberty and Priviledge unto any that entred into that Society, that if they had a mind to Marry, they should with freedom have liberty to depart.
His Majesties Gests were setled to certain time and places before he set out from London, and Welbeck in Nottinghamshire being appointed as one Gest, the King in his Progress was Treated there at a Sumptuous Feast, by the Earl (since Duke) of Newcastle, estimated to stand the Earl in some thousands of pounds.
After the time that His Majesty parted from that Noble Earls Treatment, He met with great Reception by the way, and Sumptuous Feastings at York, where he made some stay, and at Raby Castle where Sir Henry Vane, His Majesties late Ambassador to the King of Denmark and Swedland, nobly entertained His Majesty. And at Durham several days that Bishop (Dr. Morton) most sumptuously entertained his Majesty; and the King going from thence, to the Town of Newcastle, that Place abundantly shewed their Duty and Affection in a Generous Entertainment of His Majesty.
After His Majesty parted from Newcastle, he hastened to Barwick, where Mr. Widdrington of Grayes-Inne, Recorder of that Town, on the Second day of June entertained His Majesty in His Passage through that Place towards Edenburgh with this ensuing Speech.
Most Gracious and Dread Sovereign,
'What the Noise of useless and obsolete Canons, what these strong yet desolate Walls, what the Reliques of sometimes warlike Souldiers, what the Ruines of a poor, yet ancient Burrough, what all those would say, (if they could say anything) and what all we your Majesties humblest and meanest Subjects desire to express with an unanimous and chearful Acclamation, is no more but this, That your Majesties Presence doth now bring as much Joy and Comfort to us all, as ever the loss of this Town of Barwick brought sorrow to the English or Scottish Nation.
'It were unseasonable for us to represent to Your Majesties view, the Gloomy Cloud of our Pressures and Wants: No I need not do it; The Mite we are to cast into Your Majesties Treasury will quickly tell you them; We cannot do it, for that Cloud is suddenly vanished by the Radiant Beams of Your Sun-like Appearance. By whose approach these Rusty Ordnances, these Solitary Walls, these Souldiers, this now despicable Town, have all instantly received their former Life, Lustre, and Vigour; and hence we are induced to think, that this Year (being the Year of Your Majesties most Royal Progress) is likewise the Year dreamed on by Plato, wherein all things were to return to their former Life, Splendor and Excellency.
'You have in Your Majesties Eye the Representative Body of the poor Town of Barwick, yet a Town (for fuimus Troes) that hath been the Delight, nay the Ransome of Kings, a true Helena, for which many Bloody Battels have been fought, lost, and regained several times, within the compass of one Century of Years. A Town the strongest Fortress of both Your Majesties most flourishing Kingdoms, yet upon each discord and dissention, banded as a Ball between them; if held in the Hands of one, then tossed by the other Kingdom, a Ball that never found rest until the happy Union.
'A Town at this day as useless, as Arms in time of Peace, yet may serve for Your Majesty to cast your Eye upon, as a little Map of both Your great Kingdoms, as a participating of the nature of both, yet doubtful whether most beyond the ordinary Limits of the one, and without the Jurisdiction of the other Kingdom, but conspicuous in the Eye of both.
'A Town neither wholly regulated by English or Scottish Laws, but by Customs and Usages in some things different from both; yet rather inclined to English Laws, and more affecting Scottish Fashions and Language, as being oftner saluted by the Rescripts of the one, and seeing and hearing oftner the other.
'Although now English, and so hath continued since the time of King Edw. 4. yet such is our distance from the Center of the Kingdom, that the Lines of those Felicities now enjoyed by that Kingdom, by Your Majesties happy Government and Residence there, do not so happily Concenter in us.
'We will know (as indeed who knoweth not) that Royal Blood running in Your Majesties Veins, to be Extracted from the most Renowned Kings of both these Kingdoms, and by those Kings, (Most Dread Sovereign) especially by Your Royal Father of ever Blessed and Happy Memory, hath this Town, though in the Skirts of either Kingdom, been richly Imbroidered, with many Priviledges, Franchises, and Immunities: And therefore we doubt not but Your Majesty, in whom each Man may behold the Worth of all Your Ancestors, You being no less Rightful Inheritor of their Vertues, than of their Crowns, will gratiously maintain what they have most benignly granted.
'But few words are best to be used to Kings, especially when they are spoken by an unskilful Orator. We dare boldly say, (Most Gracious and Mighty King) that our Hearts are better than our Tongues, being most of all unhappy in this, that they are linked with so bad Expressions.
'Yet we hope that Your Majesty may see in our Countenances, what you hear not so fully expressed by our Tongues; We humbly crave Your free Pardon of the one, and Your Gracious Interpretation of the other,
'And we most affectionately wish, That the Throne of King Charles the Great, and wise Son of our British Solomon, may be like that of King David, the Father of Solomon, established before the Lord for ever.
The King took his Journey from Barwick, upon the 12th day of June in the said Year, attended with his Retinue the English Nobility and others, and was met at the bound Road, near Barwick, by the most part of the Nobility of Scotland, and by the Gentry of the Sheriffdomes of Barwick, Tiveodale, and the 3 Lothians, and many more of the Gentry of Scotland in very Noble Equipage, and well Mounted, amongst whom were a Troop of 600 of the Mers or Barwickshire Gentlemen relating to, or dependants upon, the Earls of Homs in Green Satten Dublets, and White Tafity Scarves. That night he lay at Dunglas (as House belonging to the Earls of Home) served by his own Furniture and Provisions, in respect there was none at that time to represent the Earl of Home, there being pretentions for the said Estate depending betwixt the Heir-male of the said Family, and the Heirs of the Line.
Upon Thursday the 13th of June after Breakfast, he came from Dunglas to Seaton, an House of the Earl of Winton's, where he was nobly entertained by the Earl, and stay'd there till Friday the 14th of June after Dinner.
From thence he went to Dalkeith, a House then belonging to the Earl of Morton, Lord High Treasurer of Scotland, where he was also sumptuously entertained by his Lordship that night, and the next day at Dinner.
June the 15. on Saturday in the afternoon His Majesty came from Dalkeith, towards Edenburgh, (five Miles distant) and entred at the West Port, where he was Honourably received, the Keys delivered, and his Majesty attended by the Lord Provost, Bailiffs and Aldermen in their Scarlet Robes, others of the Council and Grave Men of the City in Black Gowns lined with Velvet, and Young Men said to be the number of 13 Score, cloathed in White Satten Dublets, Black Velvet Breeches, and White Silk Stockins, bearing rich Partizans and other Arms, the Train-bands of the City being ranged on each side the Streets through which His Majesty passed. There were great Acclamations of the People, being entertained with elegant Speeches at 5 several Pageants, viz. 1st. At the said West-Port, 2d at the West-bow, 3d at the Old Tolbooth, the 4th at the Trone, and the 5th at the nether Bow. The Ceremony of that Pageant at the Tolbooth, there was represented in Effigie the whole Kings in order that had Reigned in Scotland since the Monarchy of that Kingdom, even from Fergus the first, who himself was represented therein, making a Prophetical Oration of all his Successors till Charles the first the 108 King, and added, That as Heaven had propitiously maintained the Successive Sovereignty from him to Charles, so he predicted, That as many should succeed his Successors, as he had preceding Monarchs of this Kingdom; besides, there were several witty Speeches in Verse. 1 st. Called the Speech of Caledonia, representing the Kingdom. 2d. The Song of the Muses at Parnassus. 3d. The Speeches at the Horoscopal Pageant, by the Planets, where first Endymion speaks, then Saturn, Jove, Mars, Sun, Venus, Mercury, Moon, and last again Endymion closes the Ceremony, all printed amongst the Poems of Mr. William Drumond of Haythernden.
It's here observed, That the whole Scotch Nobility did ride down the Streets according to their Degrees in Order of Parliament, next to them the Houds, the Sword, Scepter, and Crown; and immediately after the King's Person; And the English Nobility according to their several Ranks and Degrees, and His Majesty lighting at the Abbey Church-door, where Mr. Andrew Ramsey, a Minister of the City, made a very learned Oration to him in Latin. And from thence he went to his Pallace of Hallyrood-house.
June 17. it being Monday, after Dinner His Majesty publickly created the Earl of Angus Marquess of Douglas, and Chancellor Hay Earl of Kinnoul, and presently after went in his Coach to the Castle of Edenburgh, and there was worthily entertained that night by the Earl of Marr Governor of the Castle.
The 18 of June, being Tuesday, was the King's Coronation day, where all his Noble Officers of State attended the King's Majesty in their Robes from the Castle to the Abbey Church, according to their Degrees, and the Honours Vest, Sword, Scepter, and Crown carried after the accustomed manner, lighting at the Church-door, and assuming their respective Places, a Sermon was Preached by David Lindsey then Bishop of Brechin upon these words, 1 Kings 1. 39. And all the People said, God save King Solomon.
After Sermon they proceeded to the Coronation, attended with all the usual Ceremonies thereof. It was observed, that Dr. Laud, then Bishop of London, who attended the King, (being a stranger) was high in his carriage, taking upon him the order and managing of the Ceremonies and Coronation, and for an Instance, Spotswood Archbishop of St. Andrews being placed at the King's Right Hand, and Lindsey then Archbishop of Glascow at his Left, Bishop Laud took Glascow, and thrust him from the King with these words; Are you a Church-man and wants the Coat of your Order, (which was an Imbroidered Coat, and that he scrupled to wear being a moderate Church-man) and in place of him put in the Bishop of Rosse at the King's Left Hand.
June the 20 Thursday the Parliament rode in order from the King's Palace to the Parliament-house, the Honours carried, and all Ceremonies observed, as was accustomed. Spotswood Archbishop of St. Andrews Preached; the King made his Speech, and the Parliament proceeded to choose the Lords and Members of the Articles, according to their usual manner; the Bishops being to Nominate the Temporal Lords, there were elected 3 Lords suspected to be Popish. These Lords and Members of the Articles consisting of 8 of the Clergy, 8 of the Nobility, and 8 Barons, and 8 Burgesses. The manner of Election was thus:
- 1. The Noblemen elect the Clergy.
- 2. The Clergy elect and chose the Noblemen.
- 3. The Elect Clergy and Noblemen chose the Barons.
- Vide a List of Printed Acts.
- 4. The Elect Clergy, Nobility and Barons chose the Burgesses.
Besides the Officers of State make up that Body which devise, contrive, and form all Acts that are to pass in Parliament; and being so presented, are passed without difficulty. These Members of the Articles convened daily, till the 28 day of June, and in the general, what the King proposed was granted: And on Friday the 28 of June the whole Parliament met, and passed the several Acts, which the Articles had so prepared, being 31 publick printed Acts, besides 176 private Acts not printed, such as respect particular Persons and Things are promiscuously titled Acts, Protestations, Ratifications, Commissions, &c.
The 1 and 21 Acts gave the King very great Sums of Money, viz. The one a Subsidy or Taxation of Thirty Shillings of every Pound Land of old Extant for 6 years to be paid at every Term of Martinmas, and also the 16 Penny of all Annual Rents, or Interest of Money, (the same being then at 10l. per Cent.) and that for the like space of 6 years to be paid Termly at Whitsontide and Martinmas equally during that time.
The other Act reduced the Interest of 10l. Per Cent. to 8l. to be observed as a Law amongst the Lieges, but in consideration thereof the King was to have 2l. out of the 10l. formerly paid, and that for the space of three years; all these made a very great Taxation.
In this Parliament there was little or no difference, except in what related to two Acts, viz. 3d and 4th, the one entituled an Act anent His Majesties Royal Prerogative, and Apparel of Kirkmen. The other an Act of Ratification of the Acts touching Religion.
As to the former of these Acts, several Noblemen and others were not pleased to have the Apparel of Kirkmen joyned with the Prerogative, suspecting the Surplice to be intended; and the King being asked that Question, made no answer. But this Circumstance was observed of him, that he took a List of the whole Members out of his Pocket, and said, Gentlemen, I have all your Names here, and I'll know who will do me service, and who will not, this day. However about 13 Noblemen, and as many Barons and Burgesses declared, That they agreed to the Act for His Majesties Prerogative, but dissented from that part of it, as to the Apparel of Kirkmen.
The King said he would have no distinction, but commanded them to say I, or no. Upon which those Lords and others before mentioned declared themselves particularly, that they did dissent from that Act as it was conceived; as to the other Act annent Religion, the same dissenting Lords and Gentlemen declared, That they agreed to the Ratification of the Laws annent the true Protestant Religion, as it was established in Doctrine, and an Act of this nature passed in King James the 6th of his Reign, His Majesties Royal Father, when Archbishops, Bishops, &c. were opposed, but now they were governing and included, therefore they dissented from that part; and being again commanded to say I, or no, the said Nobles and others dissented as formerly.
Amongst the Peers that dissented were John Earl of Rothes, John Earl of Cassils, William Earl of Lothian, and the Lords Lindsey, Porplichin, Sinclar, Balmerino, Cooper, Yester, and 4 more. The Passing of the Act concerning Ecclesiastical Habits, did much perplex the Dissenting Lords and others, which occasioned some of them to Divulge in Writing a Paper reflecting upon his Majesty, (adjudged afterwards to be a Libel) wherein was contained this Reflection, how grievous a thing it was for a King in that place, by making of the Subjects Votes, to Over-awe his Parliament: And that the same was a breach of Privilege, &c. This Writing, as afterwards appeared, was Drawn by one William Hagg, who fled for it, but being found in the Custody of the Lord Balmerino, that Lord, by the instigation of Archbishop Spotswood, and others of the Privy Council, was in a Court of his Peers found guilty of concealing Treason, and therefore condemned to lose his Head, but afterwards pardoned by His Majesty.
Upon Monday the 1. of July, the King takes his Progress to his Palace at Linlithgowe. Tuesday the 2. to Strivling, being presented with Plate by each Provost, one of whom being a Dissenter, was not admitted to Kiss his Hand.
Upon Wednesday the 3d he went to Dumfermlin, and Thursday the 4th to Falkland. Note, that the Nobility and Gentry of Fiffe had prepared to give a Noble Reception to His Majesty, but many of them being Dissenters, His Majesty was pleased to take another way, and avoided them.
Munday the 8. the King went to St. Johnston, and was nobly entertained by the Earl of Kinoul (then Lord High-Chancellor) that night at Supper, and the next day at Dinner, and returned from Scoon to Falkland.
Wednesday the 10, the King with his Nobles and Retinue, took Boat at Brunt-Island to come to Leith (being 7 Miles over) in a calm Season about the mid day. But presently after the Boats put to Sea, arose a violent Storm and Tempest, (though none at Land) to the great hazard of His Majesty, and many others; the King passing to a Ship, a Man of War of his in the Road, with much difficulty, weathered it, quit his former Boat, and took the Ship and Boat to Leith, and there Landed after great Danger; one of the Boats in the King's Presence being over-set, or turned over, perished with the King's Plate, and near 20 Persons, of which number were one Lewis Somervell and Alexander Naper, who had the charge of the Silver Plate and Vessels, and 3 Persons were saved sitting upon the Keile coming in to Shoar upmost.
- 11. Thursday the 11 the King staied at his Palace of Hallyrood-house.
- 12. Upon Friday the 12 he went to Dalkeith, where he stayed that night.
- 13. Upon Saturday after Dinner, he went to Seaton-house, stayed that night and Sabbath-day.
- 15. Munday after Dinner he went from Seaton to Innerwicke, an House of James Maxwell, after Earl of Dirlington, and was richly entertained.
- 16. Tuesday His Majesty and Train went from Innerwicke to Barwick, &c.
A Table of the printed Acts and Laws past in this first Parliament, of Our Sovereign Lord King Charles the First.
- 1. Anent the Taxation granted to His Majesty of Thirty Shillings Termly upon the Pound-land, and the Sixteenth Penny of all Annual Rents, the one for 6 Years, and the other for the same Term.
- 2. Anent the Collecting, and in-bringing of the Taxation, and Relief to Prelates.
- 3. Anent His Majesties Royal Prerogative, and Apparel of Kirkmen, Ratification, or the Acts touching Religion.
- 5. Ratification of the Act of Council, anent the Plantation of Schools.
- 6. Anent the inverting of Pious Donations.
- 7. Anent invading of Ministers.
- 8. Ratification of the Act of Commission, anent the Ministers Provisions.
- 9. The King's general Revocation.
- 10. Anent annexation of His Majesties Property.
- 11. Act of Dissolution.
- 12. Ratification of the Acts of Interruption.
- 13. Anent Regalaties of Erections.
- 14. Anent Superiorities of Kirke-lands.
- 15. Anent His Majesties Annuity of Tythes.
- 16. Anent Vassals holding Ward.
- 17. Anent the Rate and Price of Tythes.
- 18. Anent the Exchequer.
- 19. Commission for Valuation of Tythes not valued, rectifying the Valuation of the same already made, and other Particulars therein contained.
- 20. Anent the King his Designation of the Names to be inserted in the Commissions anent the Tythes and Laws.
- 21. Anent the Annual of 8. to be taken of every Hundred in time to come, alennerly suspending the same for 3 years, and in the interim, Two of Ten to be paid for the said space to His Majesty.
- 22. Anent the Lords of the Session, their Taxation of Ten Shillings to be imposed upon every Pound-land of old Extent.
- 23. Ratification of the Liberties of the College of Justice.
- 24. Ratification of the Privileges of the free Royal Burroughs.
- 25. Ratification of the Acts made in favour of the Justices of Peace, and their Constables, and Commission to the Lords of Secret Council there-anent.
- 26. Explanation of the Acts of Parliament made in favour of the Lords of Session, anent Twelve Pennies of the Pound to be paid in Decreets given by the Lords hereafter.
- 27. Act of Pardon to Penal Statutes.
- 28. Ratification in favour of the Viscount of Strivling of the Infestments and Signature granted to him of the Dominions of new Scotland and Canda in America, and Privileges therein contained, and of the Dignity and Order of Knight-Baronets, and Act of Convention of Estates made there-anent.
- 29. Act in favour of the Earl of Morton, and the Lord Dalkeith his Son, and the Loch of Levin, and preservation of the Fishing thereof.
- 30. Act anent the Clan-Greigours.
- 31. Act in favour of His Majesty and Lieges, intitulate, jure salvo cujuslibet.
'Our Sovereign Lord, with advice, consent, and assent of the whole Estates, acknowledging His Majesties Sovereign Authority, Princely Power, Royal Prerogative and Privilege of his Crown, over all Estates, Persons and Causes whatsoever within this Kingdom, ratifies and approves the Act of Parliament made in the Year 1606, anent the King's Royal Prerogative, and perpetually confirms the same, for his Highness, his Heirs and Successors, as amply, absolutely, and firmly in all respects as ever any of His Majesties Royal Progenitors, did possess and exercise the same; and withal remembering, that in the Act of Parliament made in the Year 1606, anent the Apparel of Judges, Magistrates, and Kirk-men, it was agreed, That what Order soever His Majesties Father of Blessed Memory should prescribe for the Apparel of Kirk-men, and send in writ to his Clerk of Register, should be a sufficient Warrant for inserting the same, in the Books of Parliament, to have the strength of any Act thereof, have all consented that the same Power shall remain what the Person of Our Sovereign Lord and his Successors that now is, and what the same Clause for execution thereof, as in the said Act contained.
'Our Sovereign Lord, with advice and consent of the Estates, ratifies and approves all and whatsoever Acts and Statutes made before anent the Liberty and Freedom of the true Kirk of God, and Religion presently professed within this Realm, and ordains the same to stand in their full Force and Effect, as if they were specially mentioned and set down herein.
In the Month of June came forth in Print, Articles to be inquired of, by the Church-wardens and Sworn Men within the Diocess of Winchester, in the Primary Visitation of the Right Reverend Father in God (fn. 1) Walter Lord Bishop of Winchester, holden in the Year of Our Lord God 1633.
You shall Swear, That you and every of you, without all Affection, Favour, Hatred, hope of Reward and Gain, or fear of Displeasure or Malice of any Person, shall Present all and every such Person and Persons of or within your Parish, who hath committed any Offence, Fault or Crime, or omitted any part of Duty, which be enjoyned to perform: Wherein you shall deal uprightly, and according to Truth; neither of Malice Presenting any contrary to Truth, nor of Corrupt Affection sparing to Present any, and to Conceal the Truth; having in this Action God before your Eyes, with an earnest Zeal to maintain Truth, and suppress Vice. So Help you God, and the Contents of this Book.
First, As to the Articles concerning the Church, they are to enquire, Whether they have the Book of Constitutions or Canons Ecclesiastical, and a Parchment Register-Book, Book of Common-Prayer, and Book of Homilies, &c. And whether the Communion-Table be placed in such convenient sort within the said Chancel or Church, as that the Minister may be best heard in his Prayer and Administration.
Whether the Minister or Preacher use to pray for the King's Majesty with his whole Title, as King of Great Britain? And doth he in like manner pray for the Arch-Bishops and Bishops? And doth he observe all the Orders, Rites, and Ceremonies prescribed in the Common-Prayer, and Administring the Sacrament? And whether doth the Minister receive the Sacrament, kneeling at the same, and Administreth to none but such as do kneel? as by the 12th Canon is directed.
Whether hath the Minister admitted to the Communion any notorious Offenders or Schismaticks? contrary to the 26th and 27th Constitution. And whether Strangers of any other Parish do come often and commonly to your Church, from their own Parish Church? contrary to the 28th Canon. And whether doth the Minister use to Sign the Children with the Sign of the Cross when they are Baptized? And whether is your Minister a Licenced Minister? if yea, then by whom? And whether doth the Minister wear the Surplus whilst he is saying the Publick Prayers, and Administring the Sacraments? Whether doth the Minister Catechize and Instruct the Youth of Ignorant Persons of your Parish in the Ten Commandments, &c. And whether he doth Solemnize Marriage, the Banes not being 3 several Sundays and Holidays first Published in time of Divine Service? And whether doth your Minister in the Rogation days use the Perambulation of the Circuit of the Parish? Whether doth the Minister every 6 Months Denounce in the Parish all such as do persevere in the Sentence of Excommunication, not seeking to be absolved? or hath he admitted any Excommunicated Person into the Church without Certificate of Absolution? Whether is your Minister a favourer of Recusants, whereby he may be suspected not to be sincere in Religion? Whether is your Minister noted to be an incontinent Person, a Frequenter of Taverns, Alehouses, a Common Gamester, or a player of Dice, &c. With divers other Articles of Enquiry.
The rest of the Articles are concerning School-masters, Ecclesiastical Officers, Parishioners, and others of the Laity. But see them more at large in the Appendix; as also those other Articles which other Bishops in their several Diocesses did put forth after the first Metropolitical Visitation in the Year 1634, and 1635, which were observed to be of a far higher Strain and Enquiry, than these of Winchester.
'The Defendant, Sir Edward Bullock, having a covetous desire to enclose a certain Common or Wast-ground in Westbilne Com' Norfolke, containing about 1000 Acres, wherein the Plaintiff had Common of Pasture, gave out Speeches, That he would make the Plaintiff run the Country, if he would not fell his Lands to the said Defendant, for that then he could inclose the said Common, and would make him weary of his Leases if he would not yield them up, and would make him weary of Suits: And in pursuance thereof, one of the Defendents, who is fled, did set open a Gate of the Plaintiff, which before was staked up, and broke divers Coppies in the Plaintiff's Hedges, so that his Cattle went into the said Common, and then Sir Edward Sued the Plaintiff for that Trespass, and forced him to 3 Tryals at Law for 3 Roods of Land before he would suffer him to enjoy them. And the Plaintiff having brought an Action to Tryal against Sir Edward, wherein he used the Testimony of 4 Witnesses, the Defendant being discontented that the Verdict passed against him; swore he would be revenged on all the Rogues, the Plaintiff's Witnesses, who testified against him. And in pursuance thereof, he afterwards sent for one of them to his House, and kept him in talk, and in the mean time caused the Defendant Boydon, and two other of his Servants, to hew and pull down his House, there being no body left therein but a Child, who ran out naked, and the Plaintiff his Wife great with Child, and their Children were forced to lye in the Streets a night or two, none daring to take them into their Houses for fear of Sir Edward. And they being after received into a House by the direction of a Justice, the said Sir Edward did so threaten them in whose House they were, that they for fear turned them out of Doors, and all the Winter after they lay in an Out-house, where no fire could be kept, insomuch that he, his Wife, and one Child perished and dyed. And the Defendant meeting another of the said Witnesses, beat her with a stick until she was black and blue from the Waste upwards, and not able to put on her Cloaths a month after: And threatned another of the Witnesses to fire his House over his head, or pull it down if he would not leave it. And the Defendant Tassel, by colour of a supposed Warrant to Arrest one Wales the Plaintiff, being accompanied with two others, did break open his doors, and pull him out of his House, and kept him Prisoner 3 hours; and for these Offences they were all committed to the Fleet, Sir Edward Bullock fined 1000l. Boyden 50l. and Tassel 50l. Bullock to pay the Plaintiff 100l. Damage, and out of that to make some reparation to his Children whose House was pulled down.
In Camera Stellata coram Concilio ibidem vicesimo tertio die Augusti Anno Nono Car' Reg' &c.
'Whereas His Majesties Attorney General hath informed this Court, That the King's most Excellent Majesty, by his Highness's Letters Patents under the Great Seal of England, bearing Date at Westminster the 17 day of December in the 7 Year of His Majesties Reign, for the Reasons, Causes, and Considerations in the said Letters Patents expressed, did give and grant to Roger Jones since deceased, and to Andrew Palmer Esq; and also to Sir William Russel Baronet, Sir Basile Brooke, Sir Richard Weston, Sir Edward Stradling, Sir Richard Bettison Knight, George Gage, Thomas Jones, Beverly Bretton, Thomas Russel, Thomas Jennings, Thomas Hicks, and Albertus Belton Esq; and to Robert Carver Gent. a Patent of Privilege for the term of 14 Years, for the sole making of hard Sope and soft Sope, with such Materials as by them have been newly Invented, and in such manner as in the said Letters Patents, and other Letters Patents, therein recited appeareth, and for the buying and repairing of Pot-Ashes, and other Ashes of Bean-straw, Pease-straw, Ferne, Kelpe, and other Vegetables to be found in his Majesties other Dominions for the making of Soap, not formerly or ordinarily used or practised by others within the said Realm, Dominions, and Town of Barwick, but by them newly invented and devised; and also of the using of the Assay-Glass for trying of their Lee: In and by which Letters Patents there was careful Provision made for the true making of the said Soaps for the use of the King's People, and for the searching and making thereof to distinguish the same from other Soaps, and for the selling of the same at and for reasonable Prices, as by the said Letters Patents do at large appear. And His Majesties said Attorneys further informed this Court, That because His Majesty in his great Wisdom foresaw that without Government of that Trade it would soon fall to disorder; therefore for the better regulating and ordering of the said Works, His Majesty did by other Letters Patents under the Great Seal of England, bearing Date at Westminster the 20th day of January, in the 7th Year of His Majesties Reign, incorporate divers Persons of Principal Worth and Quality, who had been Adventurers in the said Work by the Name of the Governours, Assistants, and Fellows of the Society of Soap-makers within the City of Westminster, in the County of Middlesex, to have perpetual Succession, and to them had given and granted divers Powers and Authorities, for the preventing of Frauds and Deceits and other Abuses in that Trade and Manufactures; and afterwards by His Majesties special Commandment signified by his Writ in that behalf, the said Grant of Privilege for making of Soap and Pot-Ashes, with the Powers and Authorities of the said Patentees named in the same Patent of the 17th of December, granted as aforesaid, were by them assigned unto the said Governours, Assistants, and Fellows, and their Successors; and in respect thereof the said Governours, Assistants, and Fellows of the said Society, by Indenture bearing Date the 2d day of May in the eighth Year of His Majesties Reign, did covenant, promise and agree to and with Our said Sovereign Lord the King, his Heirs and Successors, to do and perform divers things in that Indenture particularly mentioned, for and concerning the perfecting of the said Work, and the furnishing of the said Kingdom with sufficient Quantities of sweet and good Soap, and to sell the same at and for reasonable Prices, not exceeding the Price of three pence the Pound, which was a cheaper Rate than other sweet and Merchantable Soap was usually sold for. And His Majesties said Attorney General further informed this Court, That when His Majesty had provided for the sufficient quantity and reasonable Prices of the said Soaps, out of his Princely care for the good of his People, foreseeing that the goodness of the said Soaps may soon decline and decay, unless by the continual care and pains of some Trusty and Diligent Officer, a watchful Eye were had to search and try all the Soaps that should be made and uttered, to see that the same were answerable in goodness to the first Pattern or Standard; His Majesty, by other Letters Patents bearing Date the 8th day of June in the Eighth Year of His Majesties Reign, did ordain, constitute and appoint, That for ever then after there should be an Office. And did thereby, for him, his Heirs and Successors, erect, create, and make an Office to be and to be called the Office for keeping the Patterns, and making of the Assay of Soaps to be made by the said Governour, Assistants, and Fellows, who shall be called the Assay Master for Soaps to be made by the said Governour, Assistants, and Fellows, and thereby did appoint in what manner the said Officer, having first taken a Corporal Oath to that purpose, should execute the said Office without any trouble or charge to His Majesties Subjects which should buy the said Soaps. And His Majesties said Attorney further informed this Court, That His Majesty in his Royal Care for the Wealth and Prosperity of his loving Subjects, intending to advance the Native Commodities of this Realm, the setting of his own People on work, and the saving of the Expence of the Treasure of this Kingdom, which unthristily and unnecessarily was spent in buying and importing of forrein Materials, for the making of Soap from other Kingdoms, to the inriching of them, and the impoverishing of His Majesties own Kingdom, to a great yearly Sum, and purposing to prevent, or severely to punish all Frauds or Deceits in the making of Soap with Forreign or Vnsweet Materials, and the Excessive Rates in the sale of Soaps, as formerly it was practised by the Sope-boilers, being no Body-Politique, nor Governed by any good Orders or Constitutions regulating their Trade, but being a few singular Persons, who took the advantage to inrich themselves to the wrong and prejudice of his Majesty, and his Loving Subjects in general, who had no ordinary means to right themselves therein, to the end that all his Loving Subjects might take notice of this his Princely Care and Providence for them herein by his Highness's Proclamation, given at the Court at Greenwich, the 28th day of June in the said Eighth Year of His Majesties Reign, did straitly charge and command as well the said Governour, Assistants, and Fellows of the said Society, who had formerly bound themselves by Covenant with his Majesty to a Regularity in that behalf, as all others not being of that Society which should then after make any Soaps, that they should use no other Oyl in making that Soap but Oyl-Olive and Rape-Oyl, as had been long since decreed by the Mayor and Aldermen of London, that by that means the Soap might be Good, Sweet and Serviceable Soap, according to the Patterns delivered.
After the King's arrival at London from Scotland, His Majesty on the 13th of August thought fit to prevent abuses growing by the unordered Retailing of Tobacco, taking notice to his Subjects, that the Plant or Drugg called Tobacco, scarce known to this Nation in former times, was in this age usually brought into this Realm in small quantities as Medicine, and so used, but in process of time to satisfie the inordinate Appetite of a great number of Men and Women, it hath been brought in great quantities, and taken for Wantonness and Excess, and therefore His Majesty thinks of some means for the preventing of the evil consequence of this immoderate use thereof; it is therefore resolved to reduce the Vending, Selling and Uttering of Tobacco by Retail into some good Order, and to that purpose gives several Rules and Directions in this Proclamation, that none do sell the same, but such as shall receive Licence.
Also at the same time His Majesty took care for the Use of the Bow and the Pike together in Military Discipline, giving notice to the People, That in former times Bowes and Arrowes have been found serviceable Weapons for War, whereby great and victorious Conquests have been gotten. By sundry Statutes, the use thereof hath been enjoyned, which Statutes are still in Force; the King expecting that his Subjects conform themselves thereunto, knowing ***the exercise of shooting to be a means to preserve Health, Strength, and Agility of Body; the King hath therefore under the Great Seal, Authorized William Nead, an antient Archer, who hath presented to the King and Council a War-like Invention with the Use of the Bow and Pike together, Requiring that the Trained Bands be Instructed by the said Nead.
In the beginning of October there were complaints made to the Council concerning Ales and Revels upon the Lord's Day in Somersetshire, which gave occasion to arraign an Order made by the Lord Chief Justice Richardson and Baron Denham in their Circuits in that County, which Order was to this purpose,
'Whereas divers Orders have been made heretofore by the Judges of Assize, for the suppressing of all Ales and Revels, the same Order is now confirmed at the Assizes, and again ordered by the Court in regard of the Infinite Number of Inconveniences, daily arising by means of Revels, that such Revels, Church-Ales, Clerk-Ales, and all other Publick Ales be henceforth utterly suppressed, and to the end this may be observed, it is further Ordered that the Clerk of the Assizes shall leave Copies thereof, with the Minister of every Parish, within his several Hundred, and shall give a Note under his Hand, that he shall Publish it yearly within the Parish the first Sunday in February, and likewise the two Sundays before Easter yearly.
The Arch-Bishop of Canterbury hearing of this Proceeding of the Judges in Church Affairs, and imposing upon the Ministers to Publish their Order in the Parish Church without the Consent of the Bishop of that Diocess, complained thereof to the King, and the Chief Justice was Commanded to attend the Board, where after the Arch-Bishop had made his Complaint against the Lord Chief Justice, he was Commanded to Revoke the former Order made at the Assizes against Revels, &c.
The Chief Justice Replied, that the Order was made at the Request of the Justices of the Peace in the County, with the General Consent of the whole Bench, and upon view of divers antient Presidents in that kind; but nevertheless he was Commanded to Revoke his Order.
That there hath been of late some Noise in Somersetshire about the Feasts of the Dedications of Churches, commonly called the Wakes; and it seems the Judges of Assize formerly made an Order to prohibit them, and caused it to be Published in some, or most of the Churches; thereby the Minister, without my Lord the Bishop's Consent or Privity, the pretence of this hath been, that some disorders derogatory from God's Service, and the Government of the Commonwealth are committed at those times: by which Argument, any thing that is abused may quite be taken away. It seems there hath been some heat struck in the Country about this, by the carriage of the Lord Chief Justice Richardson, at the two last Assizes, especially the last, with which His Majesty is not well pleased. And for the preventing of Outrages, or Disorders, at those Feasts, no Man can be more careful than his Majesty; but he conceives, and that very rightly, that all these may and ought to be prevented by the Care of the Justices of Peace, and leave the Feasts themselves to be kept, for the Neighbourly meeting, and Recreation of the People, of which he would not have them debarred under any frivolous pretences. And further, His Majesty hath been lately informed by Men of good Place in that County, that the Humourists increase much in those Parts, and unite themselves by banding against the Feasts; which course, as His Majesty no way likes, so he hath been informed also for this last Year, since warning was given, there have not been any noted Disorders at any of those Feasts kept in those Parts; yet for His better satisfaction, He hath Commanded me to require you to inform your self, and give a speedy account how these Feasts have been ordered, &c.
The Lord Chief Justice Richardson after his Reproof at the Council Table, did at the next Assizes inform the Justices, Grand Jury, and Country, that those Good Orders made by him and his Brother Denham for suppressing unruly Wakes and Revels, wherein he thought he had done God, the King, and the Country good Service, are to be revoked, and that some ill-affected Persons had misinformed His Majesty concerning this Order, who had given him express Command to reverse it, being not made by himself alone, but with the joint consent of the whole Bench; so he declared to the Bench, that in pursuance of Command he did as much as in him lay revoke the said Order, and caused the Clerk of the Assizes to enter the Order verbatim, reciting former Orders made upon that occasion, and declared them to be void and null, and that all persons may use such Recreations at such meetings.
The Justices of Peace being troubled at the Revocation of these Orders, drew up a Petition to the King shewing the great Inconveniences that would befall the Country if these Meetings and Assemblies of Church-Ales, Bid-Ales and Clerk-Ales, condemned by the Laws, should now be set up again: which Petition was Subscribed by John Lord Paulet, Sir William Portman, Sir John Stowell, Sir Ralph Hopton, Sir Francis Popham, Sir Edward Rodney, Sir Francis Doddington, Sir Jo. Horner, Edward Paulet, William Basset, George Speke, John Windham, Thomas Lutterell, William Walrone, and divers others; but before this Petition was delivered to the King, it was prevented by the coming forth of the King's Declaration concerning Lawful Sports, His Majesty giving this ensuing Warrant for the same.
Canterbury, see that our Declaration concerning Recreations on the Lords Day after Evening Prayer, be Printed: And accordingly on the 18th of October this Year it came forth in Print, and was to this Effect.
That King James of Blessed Memory, in his return from Scotland, coming through Lancashire, found that his Subjects were debarred from Lawful Recreations, upon Sundays after Evening Prayers ended, and upon Holy days. And he prudently considered, that if these times were taken from them, the meaner Sort, who labour hard all the Week, should have no Recreations at all, to refresh their Spirits. And after His return, He further saw, that His Loyal Subjects in all other parts of His Kingdom, did suffer in the same kind, though perhaps not in the same Degree: and did therefore in His Princely Wisdom, publish a Declaration to all his Loving Subjects, concerning Lawful Sports to be Used at such times, which was Printed and Published by His Royal Commandment in the Year 1618. in the Tenor which hereafter followeth.
'Whereas, upon His Majesties return the last Year out of Scotland, he did publish his Pleasure, touching the Recreations of His People in those Parts, under his Hand. For some Causes Him thereunto moving, hath thought good to Command these His Directions then given in Lancashire, with a few words thereunto added, and most applicable to these parts of the Realmes, to be published to all his Subjects.
'Whereas he did justly in his Progress through Lancashire, rebuke some Puritans and Precise People, and took order that the like unlawful carriage should not be used by any of them hereafter, in the prohibiting and unlawful punishing of his good People for using their Lawful Recreations, and Honest Exercises upon Sundays, and other Holy days, after the Afternoon Sermon or Service, His Majesty hath now found that two sorts of People wherewith that Country is much infected, viz. Papists and Puritans, hath maliciously traduced and calumniated those his Just and Honourable Proceedings: And therefore lest his Reputation might upon the one side (though innocently) have some Aspersion laid upon it, and that upon the other Part, his good People in that Country be misled by the mistaking and misinterpretation of his meaning, His Majesty hath therefore thought good hereby to clear and make his Pleasure to be manifested to all his good People in those Parts.
'It is true, that at his first entry to this Crown, and Kingdom, he was informed, and that too truly, that his County of Lancashire abounded more in Popish Recusants, than any County of England, and thus hath still continued since, to his great regret, with little amendment, save that, now of late, in his last riding through his said Country, hath found both by the Report of the Judges, and of the Bishop of that Diocess, that there is some amendment now daily beginning, which is no small contentment to His Majesty.
'The report of this growing amendment amongst them, made His Majesty the more forry, when with his own Ears he heard the general Complaint of his People; that they were barred from all Lawful Recreations, and Exercise upon the Sundays after Noon, after the ending of all Divine Service, which cannot but produce two Evils: The one the hindring of the Conversion of many, whom their Priests will take occasion hereby to vex, perswading them that no honest Mirth or Recreation is Lawful or Tolerable in Religion which the King professeth, and which cannot but breed a great discontentment in his Peoples hearts, especially of such as are peradventure upon the point of turning: The other Inconvenience is, that this Prohibition barreth the Common and Meaner sort of People from Using such Exercises, as may make their Bodys more able for War, when His Majesty or his Successors, shall have occasion to use them. And in place thereof sets up Tipling and filthy Drunkenness, and breeds a number of idle and discontented Speeches in their Ale-houses. For when shall the Common-people have leave to exercise, if not upon the Sundays and Holy-days, seeing they must apply their labour, and win their Living in all Working-days?
'The King's express pleasure therefore is, that the Laws of this Kingdom, and Canons of the Church be as well observed in that County, as in all other places of this his Kingdom. And on the other Part, that no Lawful Recreation shall be barred to his Good People, which shall not tend to the Breach of the aforesaid Laws, and Canons of his Church: which to express more particularly, His Majesties Pleasure is, That the Bishops, and all other inferior Churchmen, and Church-wardens, shall for their Parts be Careful and Diligent, both to instruct the Ignorant, and convince and reform them that are misled in Religion, presenting them that will not Conform themselves, but obstinately stand out, to the Judges and Justices: whom he likewise commands to put the Laws in due Execution against them.
'His Majesties Pleasure likewise is, That the Bishop of that Diocess, take the like strict Order with all the Puritanes and Precisians within the same, either constrain them to Conform themselves, or to leave the Country according to the Law of this Kingdom, and Canons of this Church, and so to strike equally on both hands, against the Contemners of his Authority, and Adversaries of the Church; and as for his good Peoples lawful Recreation, his Pleasure likewise is, that after the end of Divine Service, his good People be not disturbed, letted or discouraged from any Lawful Recreation, such as Dancing, either Men or Women; Archery for Men, Leaping, Vaulting, or any other such harmless Recreation, nor from having of May-Games, Whitson-Ales, and Morice-Dances, and the setting up of May-Poles, and other Sports therewith used: so as the same be had in due and convenient time, without impediment or neglect of Divine Service. And that Women shall have leave to carry Rushes to the Church for the decoring of it, according to their old Custom; but with-all His Majesty doth here account still as Prohibited all unlawful Games to be Used upon Sundays only, as Bear and Bull-baitings, Interludes, and at all times in the meaner sort of People by Law prohibited, Bowling.
'And likewise barrs from this Benefit and Liberty, all such known Recusants, either men or women, as will abslain from coming to Church or Divine Service, being therefore Unworthy of any Lawful Recreation after the said Service, that will not first come to the Church, and serve God: Prohibiting in like sort the said Recreations to any that, though Conform in Religion, are not present in the Church at the Service of God, before their going to the said Recreations. His Pleasure likewise is, that they to whom it belongeth in Office, shall present and sharply punish all such, as in abuse of this his Liberty, will Use these Exercises before the end of all Divine Services for that day. And he doth likewise straightly Command, that every Person shall resort to his own Parish Church to hear Divine Service, and each Parish by it self to use the said Recreation after Divine Service. Prohibiting likewise any offensive Weapons to be Carried, or Used in the said times of Recreation: And his pleasure is, that this his Declaration shall be published by order from the Bishop of the Diocess, through all the Parish Churches, and that both the Judges of the Circuits, and the Justices of the Peace be informed thereof.
Given at the Mannor of Greenwich the 24th day of May, in the sixteenth Year of His Majesties Reign, of England, France and Ireland, and of Scotland the one and fiftieth.
Now out of a like Pious Care for the service of God, and for suppressing of any Humours, that oppose truth, and for the Ease, Comfort and Recreation of his Well-deserving People, His Majesty doth Ratifie and Publish this his Blessed Fathers Declaration: the rather because of late in some Counties of this Kingdom, His Majesty finds that under pretence of taking away abuses, there hath been a General forbidding, not only of ordinary Meetings, but of the Feasts of the Dedication of the Churches, commonly called Wakes. Now His Majesties express Will and Pleasure is, That these Feasts, with others, shall be observed, and that his Justices of the Peace, in their several Divisions, shall look to it, both that all Disorders there may be prevented or punished, and that all Neighbourhood and Freedom, with Manlike and Lawful Exercises be used. And His Majesty further Commands all Justices of Assize in their several Circuits to see, that no man do trouble or molest any of his Loyal and Dutiful People, in or for their Lawful Recreations, having first done their Duty to God, and continuing in Obedience to His Majesties Laws. And for this His Majesty Commands all his Judges, Justices of Peace, as well within Liberties as without, Majors, Bayliffs, Constables, and other Officers, to take notice of, and to see observed, as they tender his Displeasure. And doth further Will, that publication of this his Command be made by Order from the Bishops, through all the Parish Churches of their several Diocesses respectively.
Given at the Palace of Westminster, the 18th day of October, in the Ninth Year of his Reign.
As concerning the Effects of this Declaration, we shall have occasion in its proper time and place, to make mention of many particulars wherein it proved a snare to many Ministers very Conformable to the Church of England, because they refused to read the same publickly in the Church as was required, for upon this many were Suspended and others Silenced from Preaching.
- 1. Against Ingrossing, and especially of Grain by Chandlers.
- 2. That Taverners should not fell Victuals within their Houses; for that is against Law.
- 3. That Bakers sell not at 14, 15, or 16 to the Dozen, as hath been used.
- 4. Against the excessive Rates of Ordinaries, that none exceed two shillings a Meal.
- 5. That Ordinary-Keepers, Taverners and Victuallers keep not Houses of Gaming.
- 6. For the present Rates of Horse-meat, and for Regulating for the Future.
- 7. For suppressing in convenient time of Petty-Ostries in Corners, kept by such as are neither Victualers, nor Innkeepers, nor answerable for the Goods of their Guests.
'Know ye, that we have seen a certain Decree made by Our Council, in Our Court of Star-Chamber the 13th day of November, in the 9th Year of Our Reign, which remaineth of record among the Records and Remembrances of that Conrt, containing divers Ordinances; which Decree followeth in these Words.
'His Majesties Attorny General did this day Inform this Honourable Court, that it having been presented to the Lords of His Majesties most Honourable Privy Council, that as well the Prices of all sorts of Victuals, as also of Horse-meat, were grown to excessive Rates; and that Instance thereof was given in particular by his Majesties Officers of the Green-Cloath, in several provisions made for his Majesties House, whereby the Weekly Accounts of the Houshold were much increased.
'It was thought fit and ordered, that His Majesties Attorney General, as well upon Conference with such of the Judges, and such of His Majesties Learned Council as he should think fit; as upon perusal of all such Laws and Statutes, as are in force concerning the settling of Prices of Victuals and Horse-meat, should make Report unto the Board of his Opinion concerning the same, as by their Lordships Order of the 9th of October last past appeareth: and declared that according to the said Order, he had at several days attended His Majesties Justices of the Kings Bench and Common Pleas, and Barons of the Exchequer, who made Certificate of their Opinion in Writing subscribed by them, which Certificate the said Attorney presented unto this Court, and followeth in these Words.
- Thomas Richardson,
- Robert Heath.
- Humphry Davenport.
- John Denham.
- Richard Hutton.
- William Jones.
- George Crook.
- Thomas Trevors.
- George Vernon.
- Robert Barkely.
- Francis Crawley.
'Touching Victuals, we find Ingrossing to be a great occasion to raise the Prices thereof, an offence utterly against the Common-Law: and amongst Ingrossers we find the Chandlers to be great Offenders in Buying great quantities of all forts of Grain brought unto, or towards the Market.
'We also find that Taverns are of late exceedingly increased in their number, in and about London; and that they Dress Flesh and Fish, and utter the same at excessive Prices, to the increase of Riot and other Abuses; whereas by the Law, as Taveruers they are to sell nothing but Wine, unless it be Bread to eat therewith.
'We wish that Ordinaries in and about London may be regulated to a convenient sum, and not to exceed two shillings for the Meal: and we wish that both Taverners and Ordinary-Keepers may be wholly restrained from suffering unlawful Games in their Houses; for we find that this draws unthristy Guests unto them, and is an apparent means to overthrow the Fortunes of many Gentlemen and Citizens.
'Touching Horse-meat, upon hearing of divers Justices of Peace of Middlesex and Surrey, and of divers Inn-keepers of London, Westminster, Middlesex and Surrey; We are of Opinion that the present Prices of Hay and Oats considered, six Pence Day and Night for Hay for a Horse, and for Oats six Pence a Peck Winchester measure, is a Competent Rate to be given to Inn-holders, and to take nothing for Litter; and if they exceed these Rates, we hold them punishable by the Law, as for exacting Excessive and Unmeasurable Prices. For Horses which come to Inns in the day-time, we conceive it to be a convenient Rate for the Inn-keeper to take a Penny for a Horse, for his Stable-room only, the Horse not being Unbridled; if he be Unbridled and have Hay, and go away the same day, to take two Pence the Horse, and no more.
'We find that of late Years, there are many petty Ostries set up in and about London, which entertain Horses in by corners, and receive Stable-Horses, and the Horses of such who are persons suspected, and these have no Lodging for Travellers. By these Ostries great Inconveniences happen to the Subject in general, and much prejudice to the Inn-holders in particular, who by Law are bound to Lodge their Guests, and to be answerable for the Goods brought into their Charge.
'We find also that there are divers, who unlawfully ingross great quantity of Hay to sell again: These are Ingrossers punishable by the Common-Law; and humbly moved this Honourable Court, that the same might be here recorded; and that the Court would be pleased for the good of His Majesties people, to Decree and Command that the particulars thereof be strictly observed. Whereupon this Honourable Court taking the same into their serious Consideration, hath ordered, that the Certificate be Recorded in this Honourable Court; and hath Decreed,
'First, For that it is notoriously known, that Ingrossing is a great occasion to raise the prices of Victuals, and also of Hay; and Ingrossing to inhance prices is punishable, not only by the Statutes, but also by the Common Laws of the Realm; His Majesties Justices of the Benches at Westminster, and Barons of the Exchequer, the Justices of Assize and Oyer and Terminer, and Justices of Peace in their several places, are required to cause diligent inquiry to be made of all Ingrossers of all sorts of Victuals and Hay, and see the Delinquents herein be severely punished.
'And His Majesties Attorney General is likewise Commanded, to cause such of them as shall be brought to his notice, to be informed against in this Honourable Court, that of them Example may be made to deter others from the like Offence.
'And this Court concurring in Opinion with the said Reverend Judges; and considering the great Excess and Riot, that is occasioned by preparing and felling of Victuals in Taverns; and how the prices of sundry sorts of Viands are hereby increased; hath Decreed, that no Taverner or Vintner, selling Wine by Retail, do hereafter fell, or make ready for sale, any sort of Flesh or Fish, or other Victuals save Bread; nor to defraud this Ordinance, do by himself, or any other, set up, or cause, or procure to be set up the Trade of a Cook within the same House, or in any Shop or Room thereunto belonging, or in any House thereto near adjacent; nor permit or suffer any Flesh, Fish, or other Victual, except Bread, as aforesaid, to be brought into his House to be there eaten by any of his Guests.
'And the Court raking into Consideration, how the Poor are oppressed and pinched, when Bakers do sell their Bread to those that vend the same by Retail, at the rates of more than twelve to the Dozen, in that the weight is abated in every Loaf; and the Buyer being sometimes but a Passenger, is not able to make Complaint of the Baker, whom he knoweth not: It is therefore likewise Ordered and Decreed, that no Baker shall sell any Bread at other rate than 12, or 13 at the most to the Dozen.
'And further it is Decreed, that none that shall keep Ordinary-Tables, or other Victualing-Tables, shall take more of the Guests than after the rate of two shillings the man for the Meal, nor more than eight Pence for each Servant attending his Master; and that nothing be taken above that rate for Wine, or other thing, or under colour thereof, whereby the true intent of this 'Decree may be deluded, or defrauded. And that none of them, or Taverners, or other Victualers, keep or suffer to be used Games of Dice, Cards, Tables, or other unlawful Games in their Houses, wherein this Court declareth the Licenses given by the Groom-Porter of His Majesties House, or others, for Licensing or Permitting any of the said Games, are not of validity to excuse the Offenders.
'It is for the present Ordered and Decreed, that no Inn-keeper, or Ostler within the Cities of London or Westminster, or in any place within the distance of ten miles from either of those Cities, the Suburbs, or Liberties of either of them, shall take above six Pence for a Horse standing in his Stable at Hay, a day and a night; nor more than six Pence for a Peck of Oats, of the Measure commonly called Winchester-Measure, without taking any thing for Litter, nor more than a Penny for standing of a Horse in his Stable a day without Meat, nor above two Pence for a Horse standing at Hay in the Day, and going away before Night.
'And that no Inn-keeper shall exceed those Rates in any part of this Realm; and where Grain and Hay are sold at lesser Prices, there the Rates and Prices shall be accordingly. And this Ordinance shall continue, until in the County of Middlesex it shall be made to appear to the Justices of the Kings Bench, and in other Counties and places, to the Justices of Peace there; that because of the Increase of Prices in the parts adjoyning, greater Rates are necessarily to be permitted: and thereupon other Rates shall from time to time be set; which being set, are hereby Commanded and Injoyned to be strictly and duly observed, until the same by like Authority shall be altered.
'And to the end that there may be from time to time, moderate Rates and Prices for Hay, and Grain of all sorts, taken by Inn-Keepers and Ostlers, of Passengers and their Guests; His Majesties Justices of the Kings Bench are desired, and the Justices of the Peace of other Counties and Places are required yearly, and more often if there shall be occasion, to make diligent inquiry of Hay and other Horse-meat, and to make Declaration in Writing fixed in publick places, what Prices and Rates for Hay, and other Horse-meat are allowed to be taken by the Inn-keepers, which the said Inn-Keepers and Ostlers are Commanded to observe.
'And if any of them shall presume to offend therein, that diligent inquiry be made of them; that they being presented, may without Connivance receive severe Punishment as oppressors of His Majesties people, by taking excessive Prices.
'Moreover, the Court considering the great inconveniences that do arise by the number of petty Hostries and Ostlers, that keep Stables for Horses without Lodging for Guests; not liable, nor able to make satisfaction for Goods under their Custody, that shall be stolen or imbezeled: yet taking consideration of their Poverty, and that it would tend to their undoing, if they should be suppressed, before such time as the store they have already provided, shall be spent; the Justices of the Peace of the City of London, Suburbs and Liberties thereof, the City of Westminster and Burrough of Southwark, and of the Counties of Middlesex and Surrey, are required with all convenient speed, to make inquiry of all such petty Ostries within the said Cities, Burroughs, Suburbs, Liberties, and all places not distant above two miles from some part thereof, and what Provision of Hay, Oats and Provender remaineth in their hands unspent; and to Command them not to make any farther Provision.
'Know ye, that we taking into Our Consideration, that the said Decree was made upon grave and sad Advice, and upon the Certificate of Our Judges, and that the same is Just and Necessary to be observed, have Approved the same Decree, and do Ratifie and Confirm the same: and the Necessity of these Times requiring it,
'And to the end that all our Loving Subjects may be participants of the good thereof, and may complain of those things wherein they shall be grieved, contrary to the tenor of the said Decree, and of those that in disobedience shall contemn, or neglect the due observance thereof;
'We do Command Our Printer, that he forthwith cause these Presents to be Printed and Dispersed into the several Counties of this Realm with expedition; so that in every of those Counties, the same may be published at the general Session of the Peace, to be holden next after the Feast of the Epiphanie now next coming, that Our People of those Counties may take notice thereof.
'And we do Command the Justices of the Peace, that at their said Sessions in every of the said Counties, the same be openly read: and we do require Our Council in Our Court of Star-Chamber, the Justices of our Benches, Barons of Our Exchequer, Justices of Assize and Oyer and Terminer, and Justices of the Peace; that against all those that shall offend against the said Decree, they proceed without Connivence, as they tender Our Service and the good of Our People.
'The Defendant Munday being Arrested in Chelsey-fields, at the Plaintiffs Suit, by two of the Sheriff of Middlesex Bailiffs, lay down on the ground, and desired that notice might be given to his Friends thereof, and that they would not suffer him to be carried away; whereupon Goring being then a Constable, together with the Defendants Richard Munday, Wine and Trott, who were weaponed with Staves, with divers others, came to the Bailiffs, who told them they had Arrested Thomas Munday; and then the said Wine, Trott and Richard Munday sware, they should not carry him a foot farther; and Goring the Constable, under pretence of keeping the peace, took away the Bailiffs Weapons, and then did knock them down; and then the Defendants did, with others, sore beat and wound the Plaintiff, and the Bailiffs, and Rescued the Prisoner, and then carried the Plaintiff, and Bailiffs to Chelsey; and by the way Goring threatned to throw one of the Bailiffs into the Thames: and when they came to Chelsey he caused them to be shut up into a Room, and would not suffer a Chirurgeon to come to them to stanch their Bleeding, by the space of an hour and half, and in that time he took away the Bailiffs Warrant. And for these offences they were all committed; Goring fined fifty pound, and the other four and twenty pounds a piece, all bound to the good Behaviour a year, and pay fifty pound damage to the Plaintiff.
'The Defendants consederated and agreed together to make Counterfeit Farthing-Tokens, and accordingly they did so. Jagger and William Cooper were the Work-men, and by the help of Meacombe, a Black-smith, provided Tools for that purpose; Augur furnished them with Mony and Copper, and was to have a share of the Farthings, and profits thereof; and Ralph Cooper bespake some of the Tools, and paid eleven Shillings towards them, and was to have a third part; and had, and did vent some of the Tokens which they made; and Meacombe the Smith made part of the Tools, being told for what purpose they were. And for this they were Committed, Fined 100l. a piece, set on the Pillory in Cheapside, and thence whipped through the Street to Old Bridewel, and there received and kept at Work; and if ever they be thence enlarged, then first to find Sureties for their good Behaviour.
'The Defendant out of malice to the Relator, being a Chirurgeon in Chichester, did, in the presence of divers persons, publish certain Libellous Rhythmes and Verses, which he said were made of the Relator, beginning thus, From Cet to South, from Cap to Scot; and ending thus, And is not he a very Knave, who makes a Privy of a Grave? And for this he was committed to the Fleet, fined fifty pound, to ask the Relator forgiveness at Chichester before the Mayor, and pay him twenty pound Damages.
Star Chamber Attorn' Regis per Rel' Bushen vers' Dom' Vicecom' Kilmallock, & al' de Ireland; Malitious Practice, prosecution of an Innocent Man for Murder; Unjust, and Indirect Carriage in a Judge upon the Arraignment and Trial of a Man for Murder where-by an Innocent Man was Condemned and Executed; 1000 l. Dam'; 250 l. Dam'.
'The Defendant, Sir Henry Bealing, together with one Macrobin deceased, who bare malice to the Relators Father, and vow'd to be reveng'd of him, falsely informed the Justices of Assize, That the said Bushen the Father had murdered his Wife, and thereupon he was bound over to answer it at the Assizes; and the Grand Jury, upon the Bill of Indictment against him, return'd Ignoramus twice: and the Justices of Assize having, for discovery of the Truth, examined divers Witnesses, they gave direction to acquit him by Proclamation; which the Defendant Bealing perceiving, and being incensed against Bushen for some words that he used then in Court, he did again press and procure the Lord Angier, then Judge of the Assize, to bind the said Bushen over again unto the next Assizes, and said he would be bound to Prosecute, and find other Evidence against him for the King: and between that and the Assizes Bealing vow'd, he would spend all the Friends, and Means he had, but he would have Bushen hang'd; and also said he would follow him to Hell-gates, but he would hang him. And to effect that his Devilish Purpose, he earnestly follicited the Lord Viscount Loftus, Lord Chancellor of Ireland, to interpose therein, and give his Assistance, telling him great advantage would be made thereby, for that Bushen was a Man of a great Estate; which the Lord Loftus refusing, Bealing sent a Servant to Welden, then High-Sheriff of the County, to tell him, that if he would joyn with him the said Bealing to Convict Bushen, it should be worth him 5000l. And before the Assizes, Bealing told the Lord Loftus he had gotten a Man of Power that would prosecute it with effect. And at the Assizes, the Defendant the Lord Kilmallock being then Chief-Justice de Com' Banco in Ireland, and Justice of Assize, (and being, as it should seem by the sequel, the Man of Power mentioned by Bealing) caused the Sheriff, on the 2d day of the Assizes, about 7 or 8 a Clock in the morning, to send for the Grand-Jury to the said Sheriffs House; and they being brought into the Dining Chamber there, he caused all persons whatsoever to be shut forth, except the Judges themselves, the Jury, the Clerk of the Crown, the Sheriff, and the Defendant Bealing the Profecutor: and the doors being shut, the Defendant, the Lord Sarsfeild Viscount Kilmallock, caused a Bill of Indictment to be preferr'd, and read to the Jury against Bushen, for the Murder of his Wife, and then bid the Jury go together and find the Bill, and told them they ought to find the Bill; and the Jury desiring to have some Evidence, the Defendant Kilmallock call'd the Defendant Bealing, who upon his Oath did Depose only, that he heard Bushen murdered his Wife, which was all the Evidence they had, saving that the Lord Sarsfeild told some impertinent Tales and Discourses of the strange and miraculous Discoveries of secret Murders, and said, That unless they would expect a Miracle from Heaven, they could have no better Evidence than they had. And afterward Four of the Jury refusing to find the Bill, the Lord Sarsfeild told them, if they would not find the Bill, they must attend him in Court, which they did: and one of them being ask'd, Whether he was with the Bill, or against the Bill? and he answering Against the Bill, the Lord Sarsfeild told him, he look'd for no better at his hands; and told another of them that was against the Bill, it was one of his London Tricks, and then Committed the Four that would not find the Bill, put them off from the Jury, and fined them 40l. a piece; and striking his hand on his Breast, swore by his Honour, that not one Penny of their Fines should be remitted; and immediately after caused the 11 that yielded to find the Bill, and Two others to be sworn of a new Grand-Jury, and they going together, found the Bill Billa Vera. And thereupon Bushen coming to be Tryed for his Life by the Petty-Jury, and Evidence being about to be given against him, he desir'd, in respect of his Age and Deafness, and the then Noise of the Glass-Windows, by reason of a present Storm, and the Noise of the People, that he might have leave to come out of the Bar, and stand where he might hear what Evidence was given against him, that he might the better answer for himself; which the Lord Sarsfield unjustly denied him. And Bushen being charged, that he himself put his Wife into her Winding-sheet, desir'd that such persons as did view her Body after her death, and did wind her, might be heard to discover the Truth; the Lord Sarsfeild unjustly denied that also: and Bushen then desiring that the Justice of Peace, who had taken the Examination of the Business, might be heard, the Lord Sarsfeild denied him that Request also. And the Petty-Jury, after going together, and staying somewhat long, the Lord Sarsfeild sent them word, that if they would not agree and come away, he would carry them with him the next day in a Cart; and being told that they were all agreed but one, he sent a Message to the Jury, inciting them to pinch that Man that would not agree; to pull him by the Nose, by the Hair of the Head, and by the Beard; and by that means to compel him to agree with them; and bid the Jury make much of him that night, and that he would make much of him the next day; and sent that one Man word, that it had been better for him to agree. And soon after these threatning Messages delivered to the Jury, and they knowing the usage of the former Jury, did, upon light Evidence of Hear-says only delivered by Bealing, and others, find Bushen Guilty of the Murder of his Wife, and he was condemned, and Executed for the same, when as it clearly appear'd she died of a Natural Death, and Disease of the Floody-Flux. And for this foul Carriage, the Lord Sarsfeild Viscount Kilmallock, was committed to the Fleet, during his Majesties Pleasure; Fined 2000l. to the King, and 1000l. Damage to Bushen the Relator: Bealing Knight, for his malitious Prosecution, Devilish Practice and Attempt to get other Men of Power into his Wicked Prosecution, was Committed to the Fleet, Fined 500l. and to pay 250l. Damage to Bushen, the Relator.
The Bishop of London being lately Translated to be Arch-Bishop of Canterbury, he, by vertue of his Place, as the greatest Man in the Church, thought fit to advise his Majesty for a Reformation in the Church of Scotland, and began with the Royal Chappel in these following Articles sent in His Majesties Name, with a Letter to command Obedience.
Our express Will and Pleasure is, That the Dean of Our Chappel, that now is, and his Successors, shall be Assistant to the Right Reverend Father in God, the Arch-Bishop of St. Andrew's, at the Coronation, so often as it shall happen.
That there be Prayers twice a day, with the Quire, as well in Our absence, as otherwise, according to the English Liturgie, till some Course be taken for making one, that may fit the Custom and Constitution of that Church.
That the Dean of the Chappel look carefully, that all that receive the Blessed Sacrament there, receive it Kneeling; and that there be a Communion held in that Our Chappel the first Sunday of every Month.
That the Dean of Our Chappel that now is, and so successively, come duly thither to Prayers upon Sundays, and such Holy-days as that Church observes, in his Whites, and Preach so when-ever he Preacheth there. And that he be not absent from thence, but upon necessary occasion of his Diocess or otherwise, according to the Course of his Preferment.
That these Orders shall be Our Warrant to the Dean of Our Chappel. That the Lords of Our Privy Council, the Lords of the Sessions, the Advocate, Clerks, Writers to the Signet, and Members of Our College of Justice, be commanded to receive the Holy Communion, once every Year at the least, in that Our Chappel Royal, and Kneeling for Example sake to the Kingdom. And We likewise Command the Dean aforesaid to make Report yearly to Vs, how We are obeyed therein, and by whom; as also if any Man shall Refuse, in what manner be doth so, and why?
That the Copes which are Consecrated to Our Vse, be delivered to the Dean to be kept upon Inventory by him, and in a Standard provided for that purpose; and to be used at the Celebration of the Sacrament in Our Chappel Royal.
Reverend Father in God, Trusty and well-beloved Counsellor, We Great you well. We have thought good, for the better ordering of Divine Service, to be performed in Our Chappel Royal there, to set down some Articles under Our own Hand, to be observed therein, which We send you here inclosed. And it is Our special Pleasure, That you see every thing carefully performed, according as We have directed by these Our inclosed Articles; and likewise that you Certifie to the Lords of Our Privy Council, if any of those appointed by Our former Letters to them, to Communicate in Our Chappel-Royal, shall not accordingly perform the same, to the end such Order may be taken by Our Council therein, as by Our said former Letter, to them We did appoint. Where in expecting your Diligence and Care, We bid you Farewell.
From Our Court at Whitehall the 8th day of October, 1633.
Moreover, the Arch-bishop of Canterbury had a Warrant from the King, to hold Correspondence with the Bishop of Dunblane, the present Dean of the Chappel-Royal in Edenburgh, and from time to time to Communicate unto him His Majesties further Directions, for the ordering of this Service. The Royal Chappel being thus ordered, was declared to be for a Pattern of the Intended Reformation to all Cathedrals, Chappels, and Parish-Churches in Scotland.
Another Letter Informing him of his missing the Bishoprick of Edenburgh, for his Omission of Prayers in the Chappel, according to the English Liturgie, &c. and Exhorting him to be careful for the future, and that his Excuse was not satisfactory, viz. That the Singing-Men could not come for Debt; for that the Prayers might have been read by his Lordship's Chaplain. That he did well to acquaint the Lords with His Majesties Resolution concerning the Communion there.
Another, February the 28th 1634, containing Thanks from the King, for the Solemnity of the late Communion, and expressing his Hopes, that the other Bishops were in their Whites, as well as he, that the Envy of the Vulgar might not fall only on him. That he had shewed His Majesty the Paper of those of the Session, as did not Conform at the Communion. That he had done what he could for the Gentleman of the Chappel; but the Times required Patience, &c.
And on the 28th of September 1634, the Arch-bishop of Canterbury caused the King to Sign a Common-Prayer-Book, for the use of the Church of Scotland: and gave order to the Bishops of Scotland, to compile certain Canons for the Government of the Church of Scotland; which Liturgie and Canons were to be Imposed upon that Church, by Regal, and Episcopal Authority, without Consent of Parliament, or of a General Assembly. The Bishops of Scotland, not long after, gave the Arch-Bishop of Canterbury a particular Account of their Proceedings therein, with Thanks for his many Favours to them.
On the 3d of November was debated before His Majesty, sitting in Council, the Question and Difference which grew about the removing the Communion-Table in St. Gregories Church near the Cathedral Church of St. Pauls, from the middle of the Chancel to the upper end, and there placed Altar-wise, in such manner, as it standeth in the said Cathedral and Mother-Church, as also in all other Cathedrals, and in His Majesties own Chappel, and as it is consonant to the practice of approved Antiquity; which removal, and placing of it in that sort, was done by order from the Dean and Chapter of St. Pauls, who are Ordinaries thereof, as was avowed before His Majesty by Dr. King and Dr. Montfort, Two of the Prebendaries there: yet some few of the Parishioners, being Five in Number, did complain of this Act by Appeal to the Court of Arches, pretending that the Book of Common-Prayer, and the 82d Canon, do give permission to place the Communion-Table where it may stand with most fitness and convenience. Now His Majesty having heard particular relation made by the Counsel of both Parties, of all the carriage and proceedings in this Cause, was pleased to declare his dislike of all Innovation, and receding from Ancient Constitutions, grounded upon just and warrantable Reasons, especially in Matters concerning Ecclesiastical Order and Government, knowing how easily Men are drawn to affect Novelties, and how soon weak Judgments in such Cases may be overtaken and abused: Further also observing, that if these few Parishioners might have their Wills, the Difference thereby, from the aforesaid Cathedral Mother-Church, by which all other Churches depending thereon ought to be guided, would be the more notorious, and give more subject of Discourse and Disputes that might be spared, by reason of St. Gregories standing close to the Wall thereof. And forasmuch as concerns the Liberty given by the Common-Book, or Canon, for placing the Communion-Table in any Church or Chappel with most convenience; it was answered, That such Liberty is not so to be understood, as if it were ever left to the discretion of the Parish, much less to the particular Fancy of any humorous person, but to the Judgment of the Ordinary, to whose Place and Function it doth properly belong to give direction in that Point, both for the thing it self, and for the time when, and how long, as he may find cause; upon which Consideration His Majesty declared, That he well approved and confirmed the Act of the said Ordinary, and so gave Commandment, that if those few Parishioners before mentioned did proceed in their said Appeal, the Dean of the Arches, who was then attending at the hearing of the Cause, should confirm the said Order of the aforesaid Dean and Chapter.
- Lord Arch-Bishop of Canterbury.
- Lord Keeper.
- Lord Arch-Bishop of York.
- Lord Treasurer.
- Lord Privy-Seal.
- Lord Duke of Lenox.
- Lord Chamberlaine.
- Earl of Bridgewater.
- Earl of Carlisle.
- Lord Cottington.
- Mr. Treasurer.
- Mr. Comptroller.
- Lord High-Chamberlaine.
- Earl Marshal.
- Mr. Secretary Cooke.
- Mr. Secretary Windebancke.
Thomas Lord Viscount Wentworth, Lord Deputy of Ireland, on the 22d of January 1633, was pleased to write to His Majesty a Letter, giving his Humble Opinion concerning a Parliament in His Majesties Kingdom of Ireland, as followeth.
Albeit the calling of the Parliament in this Kingdom, is at no time of so much hazard, (where nothing is propounded as a Law, before it first borrows motion from Your Majesties immediate Allowance under Your Great Seal) as it is in England, where there is a Liberty assum'd to offer every thing in their own time, and order; and this Subordination, whereunto they have been led by the Wisdom of former Times, is ever to be held as a Sacred Prerogative, not to be departed from, in no piece to be broken or infringed: yet is the Proposition always weighty, and very necessary to be considered with great deliberation, whether the present Conjuncture of Affairs doth now advise a Parliament, or no? and after a serious Discourse with my self, my Reason perswades me for the Assembling thereof.
For the Contribution from the Country toward the Army, ending in December next, Your Majesties Revenue falls short Twenty Thousand Pounds Sterling by year of the present Charge it is burthened withal, besides the vast Debt of Fourscore Thousand Pounds Irish upon the Crown; which yearly Payments alone are impossible by any other way to be in time supplied, but by the Subject in Parliament; and to pass to the Extraordinary, before there be at least an Attempt first to effect it with ease, were to love difficulties too well; rather voluntarily to seek them, than unwillingly to meet them; and it might seem as well vanity in the first respect, so to affect them, as faintness to bow under them, when they are not to be avoided.
The next Inclination thereunto ariseth in me from the conditions of this Country, which is grown very much more civil and rich, since the Access of Your Royal Father of Blessed Memory, and Your Majesty to the Crown.
That this great Charge is sustained, and this great Debt Contracted through Imployments for the Publick, whereof the benefit hitherto hath been intirely theirs. That there hath been but one Subsidy granted in all this time, nor any other Supply but this Contribution; in exchange whereof Your Princely Bounty return'd them Graces as beneficial to the Subject, as their Money was to Your Majesty; so as their Substance having been so increased under the Guard of Your Wisdom and Justice, little issued hence from them. The Crown so pressed only for their Good; and so modest a Calling upon them now for a Supply, which in all Wisdom, Good Nature, and Conscience, they are not to deny; Should they not conform themselves to Your Gracious Will, their unthankfulness to God, and the best of Kings, would become inexcusable before all the World, and the Regal Power more warrantably to be hereafter extended, for redeeming and recovering Your Majesties Revenues thus lost, and justly to punish so great a Forfeit, as this must needs be judg'd to be in them.
Next, the frightful Apprehensions, which at this time makes their Hearts beat, lest the Quarterly 'Payments towards the Army, continued now almost Ten years, might in fine turn to an Hereditary Charge upon their Lands, incline them to give any reasonable thing at present, to secure them from that fear for the future; and therefore according to the wholesome Counsel of the Physician, Dum dolet, accipe.
And lastly, if they should meanly cast from them these mighty Obligations, which indeed I cannot fear; Your Majesties Affairs can never suffer less by their starting aside, when the General Peace abroad admits more united Power in Your Majesty, and less distracted thoughts in Your Ministers to chastise such a forgetfulness, to call to their remembrance, and to inforce from them other and better Duties than these.
In the second place, the time Your Majesty shall in Your Wisdom appoint for this Meeting imports very much, which, with all submission, I should advise might not be longer put off than Easter or Trinity Term at farthest, and I shall crave leave to offer my Reasons.
The Improvements mentioned in my Dispatch to the Lord Treasurer, (from which I no way recede) would not be foreslowed, wherein we lose much by deferring this Meeting: a Circumstance very considerable in these streits, wherein, if surpriz'd, it might be of much disadvantage, in case the Parliament answer not expectation; and to enter upon that Work before, would be an Argument for them to scant their Supply to your Majesty.
Again, A Breach of a Parliament would prejudice less thus, than in Winter; having, at the worst, Six Months to turn our Eyes about, and many Helps to be gain'd in that space; where, in the other Case, the Contribution ending in December next, we should be put upon an instant of Time, to read our Lesson at the first sight.
Then, the calling of a Parliament, and determining of the Quarterly Payments falling out much upon one, might make them apprehend, there was a necessity enforcing a present Agreement, if not the good one we would, yet the best we could get; and so embolden them to make, and flatter themselves to gain their own Conditions; and Conditions are not to be admitted with any Subjects, less with this People, where Your Majesties absolute Sovereignty goes much higher, than it is taken (perhaps) to be in England.
And laftly, There being some of Your Majesties Graces, which being passed into Laws, might be of great prejudice to the Crown; and yet it bring to be fear'd, they will press for them all, and it's uncertain what humor the denying any of them might move in their Minds: I conceive, under favour, it would be much better to make two Sessions of it, one in Summer, the other in Winter; in the former to settle Your Majesties Supply; and in the latter, to Enact so many of those Graces, as in Honour and Wisdom should be judged equal; when the putting aside of the rest might be of no ill consequence to other Your Royal Purposes.
All the Objections I am able to suggest unto my self are Two: That it might render fruitless the intended Improvement upon the concealments, and prejudice the Plantations of Connaght and Ormond. The first may easily be helped by a short Law propounded in my Dispatch to my Lord Treasurer; and Posito, that there do no other Law pass the first Session, the second is likewise sufficiently secur'd.
My Humble Advice is, to declare at the first opening of the Meeting, that Your Majesty intends, and promises Two Sessions: This former for Your self; that latter in Michaelmass Term next for them. This to ascertain the Payments of Your Army, and to strike off the Debts of Your Crown; That for the Enacting of all such profitable and wholesome Laws, as a moderate and good People may expect from a Wise and Gracious King.
That this being the order of Nature, Reason, and Civility, Your Majesty expects it should be intirely observ'd, and Your self wholly intrusted by them; which they are not only to grant to be fit in the general Case of King and Subjects, but ought indeed to acknowledge it with Thankfulness due to Your Majesty in particular, when they look back, and call to mind, how for their ease You were content to take Sixscore Thousand Pounds (which their Agents gave to be paid in Three) in Six Years; and not barely so neither, but to double Your Graces toward them the whilst, which they have enjoyed accordingly much to their Advantage, and greatly to the loss of the Crown.
And that considering the Army hath been represented over to Your Majesty from this Council, and in a manner from the Body of this whole Kingdom, to be of absolute Necessity, to give comfort to the quiet Minds in their honest Labours, to contain the Licentious Spirits within the modest Bounds of Sobriety; It consists not with Your Majesties Wisdom to give unto the World, no not the Appearance of so much improvidence in Your own Councils, of so much forgetfulness in a Case of their Safety, as to leave that Pillar of Your Authority, and their Peace, unsettled for continuance at least one Six Months before the wearing forth of their Contribution.
Therefore Your Majesty was well assur'd, in conformity to the Rules of Reason and Judgment, they would presently grant Three Subsidies to be paid in Three years, to disingage the Crown of Fourscore Thousand Pounds Debt, and continue their Quarterly Payments toward the Army Four years longer; in which time it was hopeful suitable to Your Gracious Intentions) some other Expedient might be found out, to maintain the Army without farther Charge to them at all; which Law passed, they should have as much leisure to Enact for themselves at after, at they could desire, either now, or in Winter. Nay, Your Majesty would be Graciously pleased, with the Assistance of Your Council, to advise seriously with them, that nothing might remain, either unthought-of, or denied, conducing to the publick Good of this Kingdom; but if they make difficulty to proceed with your Majesty in this manner, other Counsels must be thought of, and little to be relied on, or expected from them.
I am not to flatter Your Majesty so far, as to raise any hope on that side, that all this should be granted but by pressing both, and especially the continuance of the quarterly payments to the Army, which they dread above any earthly thing. I conceive it probable, that to determine and lay asleep (as they think) the Contribution, and in acknowledgment of Your Majesties happy access to the Crown, they may be drawn to a present gift of three Subsidies, payable in three years, which alone would keep the Army on foot, during that time: and if my Calculation hold, almost discharge the debt of the Crown beside.
For thus I make my Estimate. The Contribution from the Country is now but twenty thousand pounds sterling by the Year; whereas I have good Reason to trust, each Subsidie will raise thirty thousand pounds sterling, and so there will be 10000 l. for three years, over and above the establishment, which thirty thousand pounds sterling, well and profitably issued, will (I trust) with Honour to Your Majesty, and Moderate satisfaction to the Parties, strike off the whole fourscore thousand pounds Irish, which in present presseth so sore upon this Crown.
And then, Sir, after that in Michaelmas Term all Beneficial Acts for the Subject be thought of, as many, no fewer, nor no more Enacted than were fit in Honour, and Wisdom to be granted; If for a Conclusion to this Parliament we could gain from them other two Subsidies, to buy in Rents and Pensions to ten thousand pounds yearly value (a thing they are inclinable unto, as is mentioned in my Dispatch to the Lord Treasurer) I judge there were a happy issue of this Meeting; and that it should through God's Blessing appear to the World in a few years, You had without charge made a more absolute Conquest of this Nation by Your Wisdom, than all your Royal Progenitors have been able to accomplish by their Armies, and vast expence of Treasure and Blood.
These being the ends, in my poor Opinion, which are to be desired, and attained; the best means to dispose and fit all concurring causes thereunto, are not to be forgotten; and therefore as preparatives, I make bold to offer these ensuing particulars.
It seems to me very convenient, a Committee be forthwith appointed of some few of us here, to take into consideration all the Bills intended, when there was a Parliament to have been called in the time of my Lord Faulkland; Such as shall be judged beneficial to make them ready; such as may be of too much prejudice to the Crown, to lay them aside, and to draw up others, which may chance to have been then omitted. This Work may be by the Committees, either quickned or foreslown, as the Parliament proceeds warmer, or cooler in Your Majesties supplies.
Next, That Your Majesties Acts of Grace directed to my Lord Faulkland the 24th of May 1628, may be considered by such of Your Council in England, as shall please Your Majesty to appoint; there being many matters therein contained, which in a Law would not so well futurely sort with the Power requisite to be upheld in this Kingdom, nor yet with Your Majesties present profit; which hath perswaded me to except against such, as I hold best to be silently passed over, and transmit a Paper thereof to my Lord Treasurer.
It is to be feared, the meaner sort of Subjects here live under the pressures of the great men, and there is a general Complaint, that Officers exact much larger Fees than of right they ought to do. To help the former, if it be possible, I will find out two or three to make examples of; and to remedy the latter, grant out a Commission for examining, regulating and setting down Tables of Fees in all your Courts; so as they shall find Your Majesties Goodness and Justice, watching and caring for their protection and ease, both in private, and publick respects.
I shall endeavour the Lower House may be so composed, as that neither the Recusants, nor yet the Protestants shall appear considerable more one than the other, holding them as much as may be upon equal Ballance; for they will prove thus easier to govern, than if either party were absolute. Then would I in private Discourse shew the Recusant, that the Contribution ending in December next, if Your Majesties Army were not supplied some other way before, the twelve pence a Sunday must of necessity be exacted upon them; shew the Protestant, that Your Majesty must not let go the twenty thousand pounds Contribution, nor yet discontent the other in matter of Religion, till the Army were some way else certainly provided for; and convince them both, that the present quarterly payments are not so burthensom, as they pretended them to be, and that by the Graces they have had already more benefit, than their mony came to. Thus poising one by the other, which single might perchance prove more unhappy to deal with.
I will labour to make as many Captains, and Officers Burgesses, as possibly I can, who having immediate dependence upon the Crown, may almost sway the Business betwixt the two Parties, which way they please.
In the Higher House Your Majesty will have, I trust, the Bishops wholly for You. The Titular Lords, rather than come over themselves, will put their proxies into such safe hands, as may be thought of on this side; and in the rest your Majesty hath such Interest, what out of duty to the Crown, and obnoxiousness in themselves, as I do not apprehend much any difficulty among them.
To these, or any thing else directed by Your Majesty, I will with all possible diligence apply my self, so soon as I shall understand Your pleasure therein; most humbly beseeching, You will take it into Your Gracious Memory, how much Your Majesties speedy Resolution in this great Business imports the prosperity of Your Affairs in this place, and in that respect vouchsafe to hasten it, as much as conveniently may be.
The state of Your Majesties Revenue, the Annual Issues of Your Treasure, and the debt charged upon this Crown upon my coming to the Government; the Propositions humbly offered by me, for the bettering Your Majesties Affairs in this particular, together with a way of raising a constant great Rent forth of the Salt, I have at this time also transmitted to my Lord Treasurer; of all which I beseech Your Majesty at Your best leisure be pleased to take a summary account.
Now I trust the importance and weight of this inclosed Disscourse, will recompence for the length thereof, and obtain my pardon, albeit I presume thus to present it immediately to Your Sacred Hands; for indeed I take it to be no less than the Ground-plot, whereupon to set and raise safety and quiet to this Kingdom, as it stands in relation within it self, security and profit, as it is in dependence to the Crown of England.
And therefore I do most humbly beseech Your Majesties quickning Spirit may move upon these Waters, that we may from Your Directions receive Life, and from Your Wisdom borrow Light to guide and conduct us along in the way we are to take towards the accomplishment of so happy a Work.
As in the life time of the greatest Prelate of this Kingdom, William Laud, Arch-Bishop of Canterbury, the Vulgar sort would be casting out reflective passages against him; so that Libelling humour was also continued after the death of William Noy the Kings Attorney General, the greatest and most famous Lawyer of that age; for after his Decease, (who departed this Life the 9th of August this Year) Papers were put upon Posts, reflecting on him, that his Body being opened there was found in his Head a bundle of Proclamations, in his Maw Moth-eaten Records, and in his Belly a Barrel of Soap.
Most Reverend Father in God, right truly, and right entirely beloved Counsellor, We greet you well. There is nothing more dear to Vs than the preservation of true Religion, as it is now setled and established in this Our Kingdom, to the honour of God and the great comfort of our selves, and Our loyal people; and there can nothing more conduce to the advancement thereof than the strict observation of such Canons of the Church as concern those that are to take Orders in their several times; more especially of keeping that particular Canon which enjoyns, that no man be made a Priest or a Minister without a Title: For we find that many not so qualified, do by favour of other means procure themselves to be ordained, and afterwards for want of means, wander up and down to the scandal of their Calling; or to get maintenance fall upon such courses as are most unfit for them, both by humouring their Auditors, and other ways altogether unsufferable. We have therefore thought fit, and we do hereby straightly require and charge you to call such Bishops to you as are now present, in or near Our City of London, and to acquaint them with this Our Resolution; And further, that you fail not in the beginning of the next Term to give notice of this Our Will and Pleasure openly in Our High Commission Court, and that you call into Our said Court every Bishop respectively that presume to give Orders to any man that hath not a Title, and there to censure him as the Canon aforesaid doth enjoyn (which is to maintain the Party so ordered till he give him a Title) and with what other censure you in Justice shall think fit. And Our further Will is, that nothing shall be reputed a Title to enable a man for Orders, but that which is so by the antient course of the Church, and the Canon Law, so far forth as that Law is received in this Our Church of England. And as you must not fail in these Our Directions, nor in any part of them, so We expect that you give Vs from time to time a strict account of your proceedings in the same.
Given under Our Signet at Our Palace in Westminster, the 19th day of September, in the ninth Year of Our Reign.
In pursuance of this Letter, the Arch-Bishop of Canterbury writ to the several Bishops of their respective Diocesses, to pray and require them, that at all times of Ordination, they be careful to admit into Holy-Orders none but such men as for Life and Learning are fit, and which have a Title for their Maintenance, according to the Law and antient Practice of the Church; and the Arch-Bishop declared what shall be a Title according to the Canon, which these persons Ordained must have.
- 1. A Presentation to some Ecclesiastical preferment.
- 2. Or, A Certificate undoubted, that he is provided of some Church void there.
- 3. Or, A Grant of some petty Canons Place, or the like, in a Cathedral or a Collegiate Church.
- 4. Or, A Fellow, or in the right of a Fellow, in some Colledge, in Oxford or Cambridge.
- 5. Or, A Conduct of Chaplain in some Colledge in Oxford or Cambridge.
- 6. Or, A Master of Arts of Five years standing, living at his own Charge in either of the Universities.
- 7. Or the intention of the Bishop that Ordains, shortly to admit him to some Benefice of Curates place then void.
And I think the Canon intends, that after a Man is once admitted a Curate, the Parson or Vicar of the Place should not have power to put them off at pleasure, but only for such criminal Unworthiness as might deprive him of his Benefice, if he had one.
By reason of these strict Rules, no Lecture whatsoever was admitted to be a Canonical Title, and so all Ordinations of Ministers to supply Lectures was totally secluded: also no Chaplainship to any Noblemans Family was allowed to be a sufficient Title.
In the Month of February, in Hilary Term, upon an Information in the Star-Chamber against Sir David Fowlis, Sir Thomas Layton, and Henry Fowlis Esq; Defendants, the Cause came to a Hearing.
That whereas feveral Commssions had issued lately out of His Majesties Court of Exchequer in the 6th, 7th, and 8th Tear of His Majesties Reign, directed to the Lord Viscount Wentworth, and to divers other Lords, Knights, and Gentlemen of the best and principal Rank and Quality in those Northern Parts, who were thereby Authoriz'd for the more ease of the Country, to Treat, Commune, and Compound with all and singular his Highness's Subjects of the City and County of York, and other Northern Counties therein particularly expressed, as would make Fine with His Majesty for their Contempts in not attending His Majesties Coronation, to have taken the Order of Knighthood, as they ought to have done; and the said Lord Viscount Wentworth was by express Letters from His Majesty in that behalf specially appointed to be Collector: And albeit the said Sir David Fowlis had received many Gracious Favours both in Honour and Profit, as well from King James, as His now Majesty, which might justly have incited and stirred him up to all dutiful and grateful Thankfulness for the same; nevertheless the said Sir David Fowlis most undutifully, and ingratefully, did not regard the same, but harbored some secret discontentment, and ill affection in his Heart; for when-as the said Lord Viscount Wentworth, and other His Majesties Commissioners, carefully and dutifully intended the due Execution of His Highness's said Commissions, and had by vertue thereof summoned, and given notice to Ralph Ewre, James Penniman Esquires, and sundry others dwelling and inhabiting near unto the said Sir David Fowlis, to attend the said Commissioners at the said City of York, for their Compounding for their said Fines of Knighthood; the said Sir David Fowlis most undutifully endeavoured and practised what he possibly could to oppose His Majesties Service therein, and to disswade and divert persons from Compounding with the said Commissioners, and many times publickly declar'd his dislike and disaffection of, and to the said Service, which was generally observ'd and noted throughout the Country where he dwelt: which was by him so spoken of intent and purpose, to cause Men to forbear and refrain Compounding, or resorting to the said Commissioners, to make any Composition for their asoresaid Contempts; and thereby animated and incouraged sundry persons to stand out, and refuse to make any Composition at all, who otherwise would have compounded with the said Commissioners for their said Fines of Contempt, in not attending at His Majesties Coronation to take the Order of Knighthood, as aforesaid. And in farther prosecution of his ill affection, and to shew his dislike of the said Service, and the more fully to express and manifest himself, and his desire for the hindrance thereof; he the said Sir David Fowlis, at a Publick Meeting, at the House of the said Sir Thomas Layton, in the beginning of the Month of July 1632, did, in divers of his Conferences with Gentlemen concerning the Compounding with the said Lord Viscount, and the other Commissioners for their Fines and Contempts of Knighthood, publickly affirm and say; 'That Yorkshire Gentlemen had been in time past accounted and held stout-spirited Men, and would have stood for their Rights and Liberties, and were wont to be the worthiest of all other Shires in the Kingdom. And that in former times all other Shires did depend, and would direct all their great Actions by that Country. And that other Counties, for the most part, followed and imitated Yorkshire: but now in these days Yorkshire-Men were become degenerate, more dastardly and more cowardly than the Men of other Counties, wanting their wonted Courage and Spirit, which they formely used to have. Which said Words and Speeches the said Sir David Fowlis then used and uttered purposely to disswade and discourage persons from compounding for the said Contempts and Fines for Knighthood, as aforesaid. And the more to encourage those that stood out, and refus'd to compound, the said Sir David Fowlis, at the same time and place, extoll'd and highly commended one James Maleverer Esq; for denying and refusing to compound with the said Commissioners for his Fines of Knighthood, and said; 'That the said James Maleverer was the wisest and worthiest Man in the Country; and that he was a brave Spirit, and a true Yorkshire-man; and that none durst shew himself stoutly for the Good of the Country, but the said Mr. Maleverer, and was to be Honoured therefore. And did very much commend him, both there, and at other places and times, for not compounding. And the said Sir David Fowlis being then told, it might perhaps prove more chargeable to the said Mr. Maleverer, for his wilful standing-out in that manner; the said Sir David replied, 'That the said Mr. Maleverer had put in his Plea thereunto, and would easily procure his Discharge, both of the Fines and Issues. And in truth he had Pleaded in His Majesties Exchequer an insufficient Plea, and after such time as he had paid 156l. for Issues, at last he compounded for his Contempt. And farther to discourage and hinder Men from Compounding; The said Sir David Fowlis then also alledged; That in other Counties and Shires they had not advanced their Fines of Knighthood so high, as was done by the Commissioners in Yorkshire, saying, that there were many in Buckinghamshire and Oxfordshire, who did utterly refuse to compound: and thereupon shewed forth a List or Paper of the Names of sundry Persons of those Two Counties, that so refused to Compound. And the said Sir David Fowlis taking notice of Mr. Ewre's, and Mr. Pennyman's compounding with the Commissioners, blam'd and reprov'd them for so doing, saying, That they had by Compounding done themselves some wrong, and that the Country hereafter would be much troubled with such Impositions. And the said Sir David Fowlis farther, to beget and draw a general disobedience in the Hearts of His Highness's People, and to cause them to deny and refuse to compound for their Knighthood-Fines with the said Commissioners, and to draw a scandal upon the said Lord Viscount Wentworth, and to bring him into disesteem in the Hear***ts and Minds of the Gentlemen of that Country, publickly said and pretended; 'That the People of Yorkshire did adore him the said Lord Viscount Wentworth, and were so timorous and fearful to offend his Lordship, that they would undergo any Charge, rather than displease him; and that his Lordship was much respected in Yorkshire, but at Court he was no more respected than an ordinary Man; and that as soon as his back was turn'd for Ireland, his Place of Presidentship of the Council would be bestowed on another Man. And the said Sir David Fowlis, and the Defendant Henry Fowlis did, about the beginning of July 1632, and at other times publickly, in the hearing of sundry Knights and Gentlemen, to the end to hinder his Majesties Service, and to render the said Lord Viscount Wentworth odious to the Inhabitants of Yorkshire, and the Places and Countries where he was employed as a Commissioner, most falsly and untruly scandalize and wrong the said Lord Viscount Wentworth, to have received much Money of the Country for Knighthood-Fines, by vertue of the aforesaid Commission; and that his Lordship had not paid the same, either to His Majesty, or the Exchequer. The contrary whereof did plainly, clearly, and evidently appear by the several Tallies and Constatst, which were produced and shewed in open Court, testifying that the Lord Viscount Wentworth had, a year before the speaking of those words by the said Sir David, and his Son, paid unto His Majesties Receipts for Knighthood-Fines the Sum of 24500l. besides other Assignments by his Lordship disbursed about the said Service amounting to about 700l. of his own Money, and more than he had at that time received for His Majesty. And the said Sir David Fowlis, and Henry Fowlis, most falsely and malitiously, not only to the scandal of His Majesty and His Justice, but chiefly to wrong and slander the said Lord Viscount Wentworth, reported, gave out and affirmed in the Presence of divers Knights, Gentlemen and others, that when the said Lord Viscount Wentworth was gone into Ireland, all such as had paid their Fines to his Lordship, although they had his Lordships Acquittance for the same, yet they would and should be forced to pay the same over again to His Majesties use. And the Defendant, Thomas Layton, caused his Officer and Bailiff to levy about 39 l. Issues upon the Goods of one Mr. Wivel, who formerly compounded and paid his Fine for Knighthood, and had his Lordships Acquittance for the same; and that Complaint had been made to the Council at York, in the absence of the said Lord President, that the said Sir Thomas Layton's Officers or Bailiffs had by his privity exacted and taken 40s. worth of the said Wivel's Tenants Goods, by colour of the said Levy, for so levying of the said Issues, whereby the said Council conceived, that the same would much cross and oppose His Majesties said Service, and the Exaction was meet to be punished: and therefore did award, and send the King's Letter to the said Sir Thomas Layton (being then High-Sheriff for the County of York) for to appear, and answer an Information Exhibited against him, and his Servants, for such their supposed Exactions in that behalf, as was lawful for the said Council to do; and caused the said Sir Thomas Layton to be served therewith, who immediately shewed it to the said Sir David Fowlis: Then the said ***Sir David Fowlis thereon took upon him in a great Presence and Assembly of divers Knights and Gentlemen of the County (himself being then one of His Majesties sworn Council in the said Northern Parts, one of the Deputy Lieutenants there, and a Justice of Peace in the North-Riding, where he then dwelt) to advise and disswade Sir Thomas Layton to yield obedience to His Majesties Letter, which this Court held to be a great Contempt, and Offence; for that he said, that he held it not fit, that the said Sir Thomas Layton, being High Sheriff, should appear and answer the said Letter, before he had acquainted His Majesty first therewith, and known the King's Pleasure. The said Sir David saying farther, (in scorn and contempt of the said Court and Council, whereof himself was a Member, and by his Oath bound to maintain and uphold the Rights and Liberties thereof to his uttermost) 'That the said Court was a Paper-Court, and the said Lord President, and Council, had done more than they could justifie, by sending for the said High-Sheriff; and that, if he were in the Sheriffs case, he would not care a Dog's Turd for them. And the more to draw the Council into disesteem and disrespect in those Parts, he the said Sir David then also said, That the said Council had nothing to do with a Justice of Peace; speaking withall comparatively, That the Office of a Justice was above the Council at York; the one (meaning a Justice of Peace) was by Act of Parliament, the other (meaning the Court at York) was made but by Commission. And also the said Sir David being reprov'd by some Gentlemen there present, who much disliked his Discourse, yet he answer'd, He car'd not who heard it, nor if it were proclaim'd at the Cross.
To this Information Sir David Fowlis made this Answer; 'That he hath been so far from opposing the Commission concerning Knighthood, as that he hath, according to his Power, advanced the said Service; and that he did perswade James Maleverer, and others to submit to the Commissioners, and Compound for their Fines. That he did perswade Sir Thomas Layton to appear before the Lord Wentworth, and the Council, upon the King's Letter, and denieth the words charged upon him. He confesseth he did say, that he knew not how His Majesty would take it to have a High-Sheriff Committed, and disgraced for executing His Majesties Writ: and confesleth, that it appears by the Information, that Mr. Wivel had made his Composition for Knighthood, and that he receiv'd his Acquittance; nevertheless Process was awarded out of the Exchequer for levying Issues, amounting to 30l. or thereabout: whereupon this Defendant did say, That if the Lord Wentworth had paid in all the Monies he had receiv'd, he might have done well to have taken order, that those who had paid their Money to him, should be free from any trouble, and not be compell'd to make double payment.
Henry Fowlis Pleaded Not Guilty.
Sir Thomas Layton for himself faith; 'That a Letter was ferved up on him from the Lord President and Council, he being then High-Sheriff of the County, doing matters in the execution of his Office; and that before he was in any Contempt, he was within Three days Arrested by the Pursivant attending the Court, and by him carried Prisoner from his own House to the said Council, about Thirty Miles, and there remain'd in the Custody of the said Messenger, till he had answer'd an Information there preferred against him, and Interrogatories concerning the self-same matter now charged upon him; and before he was discharg'd, paid the said Wivel the Money levyed by vertue of the Process, and also paid 40s. more, which (as was pretended) Appleby, the Bailiff, exacted from the said Wivel.
'During all which time of this Defendants restraint, he was High-Sheriff of the County of York, of all which he desireth a Consideration might be had; albeit he might justly Plead the Dependence of the Suit at York, yet he doth wave the same; and doth deny, that if the said 40s. were exacted by the said Bailiff, over and above the 39l. levied upon Mr. Wivel, that the same, or any part thereof came to this Defendant.
And it plainly appear'd to this Honourable Court, by good and sufficient Testimony then openly read; that all the Particulars before-mentioned, wherewith Sir David Fowlis stood charged by the Information, were fully proved against him: whereupon the Court, upon grave and deliberate consideration of all the aforesaid Premisses, declared; That the said Sir David had many ways endeavoured and sought to oppose His Majesties Service, and had withall greatly and highly thereby scandaliz'd His Majesty, who had done him so many Gracious Favours, and affronted His Service, and had unjustly traduced His Majesties Commissioners, and great Officers of State, and shewed exceeding malice to the Lord Deputy: And the said Sir David speaking these words charged upon him, to deter his Majesties Subjects from making Payment of their Fines to His Majesties Receiver, for Knighthood-mony: And that the Court duly weighing and considering the hainousness of the said Defendant's Offence therein, and declaring the same worthy of severe and extraordinary punishment, ordered:
That the said Sir David Fowlis, being a principal Offender, shall stand, and be Committed to the Fleet, there to remain during His Majesties Pleasure; and that he shall pay a Fine of 5000l. to His Majesties use; and shall also publickly acknowledge his great and several Offences, both to His Majesty, and the said Lord Viscount Wentworth; not only in this Court, but in the Court of York, and likewise at the open Assizes in the same County, where this Decree shall be publickly read. And farther; That the said Sir David Fowlis is a person altogether unworthy of the Places he holds, as one of the Council of York, Deputy-Lieutenant, and Justice of Peace, who hath breathed out so much Faction and Disobedience; and for that he sought and endeavoured to draw disesteem and scandal upon that Court, whereof he himself was a Member, and upon the principal Officer and Member of the said Court, the Lord Wentworth, a Noble Person of singular worth and merit, and worthily employ'd in a matter of greatest Trust and Importance. The Court hath therefore ordered and adjudged, That the said Sir David Fowlis shall, from henceforth, be held, and made incapable to have, or execute any of the said Places, and that he shall pay good Damage to the said Lord Wentworth, Relator in this Court, whom this Court highly commended for vindicating His Majesties Honour, in such a Service of so undoubted Right, justly appertaining to the Crown, and which hath been heretofore taken by many Kings, His Majesties Predecessors, constantly and successively: their Lordships generally condemned the said Sir David therefore, and for the base and scandalous Report, that he so published against the said Lord Wentworth, ordered and decreed, That the said Sir David should pay 3000 l. to the said Lord Wentworth.
And touching the Defendant Henry Fowlis, the Court likewise thought him worthy of Censure, and ordered and decreed, That he should stand Committed to the Fleet, and pay 500 l. Fine to His Majesties Use.
This Year also, in Hillary-Term, a Cause came to Hearing in the Court of Star-Chamber, wherein William Noy Esq; The King's Attorney-General, Plantiff; William Prynn Esq; Michael Sparkes, William Buckner, and others, were Defendants.
The 7th of February Mr. William Prynn, utter Barrester of Lincolns-Inn, was brought to the Star-Chamber, together with Michael Sparkes, William Buckner, and Four other Defendants, upon Mr. Attorney Noy's Information, which being opened by Mr. Hudson of Grays-Inn, did set forth, That about 8 Car. Reg. Mr. Prynn compiled and put in Print a Libelous Volume, Entituled by the name of Histriomastix against Plays, Masques, Dancings, &c. And although he knew well, that His Majesties Royal Queen, Lords of the Council, &c. were in their publick Festivals, and other times, present Spectators of some Masques and Dances, and many Recreations that were tolerable, and in themselves sinless, and so published to be, by a Book printed in the time of His Majesties Royal Father: yet Mr. Prynn in his Book hath railed, not only against Stage-Plays, Comedies, Dancings, and all other Exercises of the People, and against all such as behold them; but farther in particular against Hunting, Publique Festivals, Christmas-keeping, Bonfires, and May-poles; nay, against the dressing up of a House with Green-Ivy: and to manifest his evil and mischievous design in publishing of this Libel, he hath therein written divers incitements, to stir up the People to discontent, as if there were just cause to lay violent hands on their Prince; and hath expressed in many Speeches against His Majesty, and His Houshold, infamous terms unfit for so Sacred a Person. He hath cast an aspersion upon Her Majesty the Queen, and railing and uncharitable censures against all Christian People. He hath commended all those that are factious persons, that have vented any thing in any Book against the State, as the factious Book of Dr. Leighton, Jo. Mariana a Jesuit, to draw the People from His Majesties Government, which is of a most dangerous consequence to the Realm and State. His Book is of above 1000 Pages; and he dealt with one Michael Sparkes for the Publishing, Licensing, and Printing thereof, who is a person that is a common Publisher of unlawful and unlicensed Books; and dealt also with Mr. Buckner, another Defendant, for the allowing of it for the Press; and with the other Four Defendants to Print part of it, and Publish the same: and by this means this Volume was allowed and published, to the great scandal of the whole Realm; and to have this punished according to the demerit of the Cause, is the end of Mr. Attorney's Information.
That he the said Mr. Prynn, taking into his serious Consideration the frequent resort of sundry sorts of People to common Stage-plays about the City of London; and having read divers Council***s, Laws and Statutes of this and other Realms, against the frequenting of common Stage-plays, and the Judgment and Opinion of several Divines, and other Ancient Authors, and divers English Writers allowed by publick Authority, and his own Judgment running with those; not intending to reflect, or to have relation to the King, Queen, State, or Government, or your Lordships, did about Seven years ago compile this Book Entituled Histrio-mastix; which is no more but a Collection of divers Arguments and Authorites against common Stage-Plays. That about Four years since he did commit the same to Michael Sparkes, one of the Defendants, to be commended to such Persons as then had Authority to License Books for the Press. Sparkes did carry it to Mr. King, belonging to the late Arch-bishop of Canterbury; and before he had perus'd this Book, Mr. Buckner had Authority to allow of the Books to the Press: Sparkes brought this Book to Mr. Buckner, who kept it by him Three Months, in which time he did fully peruse it. In the interim, he gave part of the Book to Sparkes to print, and kept the rest till he had perus'd it, and said that he should have that also to the Press. In October following he carried this Copy with the License, and caused them to be entred into Stationers-Hall, and did compound with those that had Authority for the Printing of this Book. It was printed publickly, and not secretly; and because there were some of the Copies close written, he caused those to be brought again to peruse, to the intent that he might not be deceived in them; and as he saw cause, corrected them accordingly. That in Easter-Term was Twelve-month, the Epistle, and the whole first part of the Book was printed; and he had time to examine it between Easter Term and Trinity, and then he did make such Alterations as he saw cause, viz. in Page 711, &c. and afterwards the Second Part, and Two Sheets of the Index of the Book was likewise Printed, and these were likewise brought to Mr. Buckner; so that the whole Book, with the Index, was bound up about Christmas following, which was Christmas was a Twelve-month. Mr. Buckner sent for Mr. Prynn, and the Stationer was desirous that the Book might be Published, and that he might send some Volumes to him; but Mr. Buckner said he could wish the word (Pity) in such a Page might be left out, and I wish with Mr. Buckner, that Pity may be added to every Page of the Book. So when Mr. Prynn saw all this from him, that had Licence to allow Printed Books, he conceived it a sufficient Warrant for his Proceedings. And for that which is alledged in the Information of Mr. Prynn's commending Dr. Leighton, for which the Dr. receiv'd a Censure in this Court, in the Quotation whereof, viz. his Book, and of others, he adhereth to their meaning so far as, and wherein they are agreeable to the Law; and this Book was printed long before Dr. Leighton was question'd in this Court. And as for encouraging of others to be factious or seditious, he saith upon his Oath, That he was so far from Disloyalty, Schism, or Sedition, or neglect of the King, State, or Government, that he hath with much Joy, Cheerfulness, and Thankfulness to God, ever acknowledged his, and the rest of the King's Subjects Happiness, by the Peace we have under His Majesties happy Government; and this Answer and Intention is sincere, though other construction be made thereupon. He saith he hath taken his Oath of Supremacy and Allegiance in the Vniversity and Inns of Court, where he hath taken his Degrees. That it never came into his thoughts to approve of Schism or Sedition: and if any thing in his Book, contrary to his meaning, hath a mis-construction towards His Majesties Government, State, or your Lordships, he doth prostitute himself at His Majesties Royal Feet, and crave Pardon and Grace. And he doth appeal to your Lordships Interpretations of those Parts of his Book; and doth withal desire your Lordships favour, and to take it into your Consideration, that he hath been a year Prisoner in the Tower: and this is the substance of his Answer.
First, for the Poor Widow he saith, for any manner of combination, or knowledge of this Book, or of the Contents of it, &c. she knoweth nothing. For the rest, they all say, they being Illiterate, were not able to judge, whether it were fit to pass the Press, or not; That the Book was Licensed to be Printed, allowed after it was Printed, and before it was Published, and it was Entred in the Stationers-Hall, and the Warden there allowed and subscribed it to be a Book passable. The Book hath been Three years in the Press. All this time was spent before it was printed: there were Searches made during this time, and they came unto the Press. They saw the Book there in a publick way, and not in Corners, or privately Printed, as is alledged in the Information; and it was Printed and Published, and some of the Books sold by Sparkes: and Sparkes saith the Printing of this Book cost him almost 300l. and saith upon his Oath he sold not many Books.
And for the Charge upon him of being a common Printer of unlawful Books, he saith, he hath prospered in his Calling; and some other Stationers having an Eye upon him for his thrift, have envied him in publishing of Books; and leaveth it to my Lords the Bishops, to know what success he hath had in the High-Commission.
He saith, that he was Chaplain to the late Arch-Bishop of Canterbury, and doth approve of the Church without any scruple, and of all the Ceremonies of England. Church-musick he doth allow of; bowing at the Name of Jesus: Plays, Musick and Dancing, he doth esteem them just and lawful. And for those Censures against Ecclesiastical Persons in this Book, he doth, and ever did abhor and detest them. He confesseth he Licensed part of the Book, but never gave order to disperse the Book: but when he heard it was published, he did endeavour to suppress it; and to the rest of the Information pleadeth Not Guilty.
This Volume of Mr. Prynn's is written by himself without the help of any man. There are passages in it that reflect upon the King, State and Government, &c. other things reflect upon the Church and Clergy; but for that there is no Charge in the Information, which I did conceive fitter to be left out, and withal I received a Command for the same: therefore finding the Church so deeply wounded by Mr. Prynn, I do leave Her to avenge Herself of him, and to inflict such punishment on him as he deserves. I shall be an humble suitor to the Court, that they would be pleased to commend the prosecution of those things that concern the Church to the High-Commission. There are divers particulars wherewith he is not charged within the Information by way of Crime, and so it is not proper now to bring him into question for them: as for mentioning of Ceremonies, &c. of Dedicating Paul's to Diana; of the Discipline of the Church; the complaint of new-erected Altars. I wonder what Altars he means: I hope the Church will examine him in due time; as also who he means by his Modern Innovators in the Church, and by Cringing and Ducking to Altars, a fit term to bestow upon the Church; he learned it of the Canters, being used among them. The Musick in the Church, the charitable term he giveth it is, Not to be a Noise of Men, but rather a Bleating of Bruit Beasts; Choristers bellow the Tenor, as it were Oxen; bark a Counter-point as a Kennel of Dogs; roar out a Treble, like a sort of Bulls; grunt out a Base, as it were a number of Hogs: his complaint for suppressing Repetitions by way of Conventicles; also his general Censure of all the Bishops, and of all the Clergy; they scorn to feed the Poor; the Silk and Satin Divines; very charitable terms upon them of the Church! Christmas, as it is kept, is a Devils Christmas; nay he doth bestow a great number of pages to make men affect the name of Puritan, as though Christ were a Puritan, and so he saith in his Index. Then concerning the Images in the Church, he speaketh against them, and putteth that now in Print, which was contained in an Answer in this Court. Also for the Sabbath-day, whether to begin on Saturday night, and end on Sunday at six of the Clock. These are things proper to the examination of the Church; and whatsoever becometh of the rest of the Cause in this Court, yet I commend these things to the Consideration of the Church. I wonder what the man means to bring these things under the Title of Stage-Players; Pluralities under the Title Stage-Players. He had an end in it; he had an end in it.
This Book, said Mr. Noy, it is the witness, it doth testifie what was his intention, and by the Book he is to be judged. If it had been found in the Street, and of Mr. Prynn's Compiling, and brought to this Court, and consideration taken of it, the Court would proceed without a Party against Mr. Prynn. And here Mr. Attorney recited a Precedent of one that wrote a Book, and it was brought to the Council. It was demanded who was the Accuser? Answer was made, the Book was the Accuser. Shall the Heretick go unpunished? This Book it is Mr. Prynn's doing, he doth put his Name to it, he swears that he did write it all.
Then for the time of Compiling it; seven or eight years ago it was Compiled, and is grown seven times bigger than at the first. Mr. Prynn about eight years since shewed it to Dr. Goade, who told him so good causes of dislike, that might make any reasonable man give it over. About seven years ago he came to Dr. Harris to desire his opinion of the Book; and he told him it was unfit, and unworthy to come to the Press. In the Parliament-time, before the year 1630, he gave some part of it to be Printed; but it came not to Mr. Buckner long after. Sparks said he would Print any thing in Parliament-time.
First, how it grew in Volume; for after it was delivered to the Press, it hath grown up with divers things, which then were impossible to be known at that time, when it was delivered to the Press; which appeareth by this. In 1628 was the Parliament, and in 1631 St. George began to look abroad into the World. This man bestows eight whole pages upon St. George, for being so bold to look out. He saith, that St. George the Arrian was a Cappadocian, though born in Cilicia, a Part or Province of Cappadocia, &c. and that St. George his Advocate was an Englishman born in Glocester; and that St. Basil the Great was Bishop of C$aesarea in Cappadocia, the Native Country of St. George the Arrian. Certainly he could not tell that St. George would then remove himself abroad, or in the County of Glocester, &c. at that time: but this man did go on according to the occasion in 1628. A Woman 1628 acted a part of a Stage-play, at Black-friers; he spends many pages about this.
We all know what time the Dearth was, three years ago, he taketh occasion not to pass it over. He maketh a long Discourse of Playes, Masques, &c. in the late penurious times, how they were as expenceful as the Wars were. This is to shew how by pieces it did grow bigger from time to time.
All Stage-Players he terms them Rogues: in this he doth falsify the very Act of Parliament, for unless they go abroad they are not Rogues. The same term he giveth unto Scholars Acting. Mr. Prynn had a purpose, not only in this to fall upon Stage-Plays, but upon the Body of the Common-wealth, and to infuse it into mens minds, that we are now turning into Paganism and Gentilism. He falleth upon those things that have not Relation to Stage-plays, Musick, Musick in the Church, Dancing, New-years-gifts, whether Witchery or not? Witchery, Church-ceremonies, &c. indistinctly he falleth upon them; then upon Altars, Images, Hair of Men and Women, Bishops and Bonefires. Cards and Tables do offend him, and Peruques do fall within the compass of his Theme. St. George never offended him; but all this is to the end to bring a belief among the people, that we are returning back again to Paganism. His end is therefore to perswade men to go and serve God in another Country, as many are gone already, and set up new Laws and Phancies among themselves. Consider what may come of it.
Mr. Prynn had no Mission to meddle with these things, to see whether men should not return to Gentilism; the Terms which he useth are such as he finds among the Oyster-Women at Billingsgate, or at the Common Conduit. He hath raked up all the vile Terms that could be found.
Now to prove that this is Mr. Prynn's Book, read Mr. Prynn's Examination, Inter. 5th (which being read, was to this effect) That Mr. Prynn, without the help of any other, did Write, Pen and Compile the whole Book, called Histrio-mastix, and the Epistle before the Book, and the Index and Table following.
Now for the publishing of this Book, it doth appear by the Deposition of Dr. Goade, that about eight years since, Mr. Prynn did bring a Book to him in writing, of about a Quire of Paper, concerning Stage-Plays, to have the same Licensed, but he held it unfit to be allowed; and doth well remember, that as to his Argument of the unlawfulness for a Man to put on Woman's Apparel, he put Mr. Prynn this Question; Suppose Mr. Prynn your self, as a Christian, were persecuted by Pagans, think you nor, if you did disguise your self in your Maid's Apparel, you did well? Who answered, that he thought himself rather bound to yield to death than to do so.
Dr. Harris also deposed, that about seven years ago, Mr. Prynn came to him to License a Treatise concerning Stage-plays, but he would not allow of the same. So this man did deliver this Book when it was young and tender, and would have had it then Printed; but it is since grown seven times bigger, and seven times worse.
Read Austin the Stationer to Interrogatory the 28th, which being read, was to this effect; That the said Book called Histrio-mastix, was given to this Deponent, in, or about the last Parliament, at which time seven Sheets thereof were Printed, at this Deponent's House; which this Deponent so Printed, at the request of Mr. Prynn and Mr. Sparkes; upon Mr. Prynn's Information, that it was Licensed, and that he would bring the hand of the Licenser unto it: But this Deponent did refuse to Print any more of the same.
Read Joseph H. to prove that Sparkes would set upon it unlicensed in Parliament-time to Inter. 26, who saith, that the Defendant Sparkes did, in the time of the last Parliament, Print, or cause to be Printed divers Books without License; whereof some were Mr. Prynn's, some were Mr. Burton's Works: and this Deponent hath heard Sparkes say, he durst Print any thing in Parliament-time.
Another part of the Charge was managed by Mr. Mason of Lincolns-Inn, reckoning up the number of Epithets, wherewith Mr. Prynn had aspersed all sorts of People; and he said, that it was a Libel, not only against the State, but against every particular Person; and proved the Charge by divers passages contained in the Book, Fol. 201, &c.
May it please your Lordships,
As he hath fallen foul upon all Things, all Persons, all Sexes; upon the Magistrates, upon the Houshold of the King; so he hath not spared the King himself. I am sorry I shall have occasion to speak any thing of it; but there is a great deal too much in his Book. My Lords, After he hath made all these complaints as intolerable, he falleth upon all indistinctly, and never taketh upon him to discern to make a distinction, that there may be a toleration, but falleth foul upon every thing, that we are falling into Paganism; men and women are naught: he spareth not the King himself, but takes upon him to teach a remedy; the remedy is worse than the Disease. What hateful comparisons he bringeth with other Princes? As Nero; and speaketh of the consuming of the Treasure of the Realm with Masques, and of the late penurious Times; a base word! a declaration of Infamy upon Princes, with such like Conclusions as these are. When all this is done, he teacheth the Remedy not by way of Precept, but by way of Example; invites men to read John Mariana, and two Grave Authors more, he saith men not censured. I am very sorry I am to speak any thing wherein the King should be named, but he would not forbear it when the Pen was in his Hand; some of the Words are so Nasty that I will not speak them.
Having, upon my first arrival here in London, heard and seen in four several Plays (to which the pressing importunity of some Ill-acquaintance drew me, while I was yet a Novice) such wickedness, such lewdness as then made my penitent Heart to loath, my Conscience abhor all Stage-Players ever since; and having then likewise observed some woful experiments of the Lewd, Mischievous fruits of Plays, of Play-Houses in some young Gentlemen of my acquaintance; who though Civil and Chast at first, became so Vitious, Prodigal, Incontinent, Debauched (yea so far past all hopes of amendment) in half a years space or less, by their resort to Plays, where Whores and Lewd Companions had inveagled them; that after many essays of their much desired reformation, two of them were cast off and utterly disinherited by their loving Parents; whom I heard oft complaining, even with Tears, that Plays, and Play-Houses had undone their Children, to their no small vexation, (a good Caveat for all Young Students to keep themselves from Play-Houses, by these two Youngsters harms.) Hereupon I resolved, out of a desire of the publick Good, to oppugn these common Vice-somenting-Evils: for which purpose about seven years since, recollecting those Play-condemning passages, which I had met with in the Fathers and other Authors, I digested them into one intire Written Discourse, which having since that time enlarged beyond its intended Bulk, because I saw the number of Players, Play-Books, Play-Haunters, and Play-Houses still increasing; there being above forty thousand Play-Books Printed within these two years (as Stationers inform me) they being now more vendible than the choicest Sermons; two old Play-Houses being also lately re-edified, enlarged, and one new Theatre erected: the multitude of our London Play-Haunters being so augmented now, that all the Antient Devils Chappels (for so the Fathers style all Play-Houses) being five in number, are not sufficient to contain their Troops; whence we see a sixth now added to them: whereas even in Vitious Nero's Reign there were but three standing Theatres in Pagan Rome, though far more spatious than our Christian London, and those three too many. Hereupon I first commended it, being thus augmented, to the Licenser, and from him unto the Press, where it hath lingred longer than I did expect; which being now at last brought forth into the World, in such a Play-adoring Age, that is li' e to bid defiance to it; I here bequeath it to your worthy Patronage, to whom it was first Devoted, not caring how it fares abroad, so it may do good and please at home.
The Eloquence of those Gentlemen who argued against Mr. Prynn, made an exposition which was no part of his intention, in which point he would endeavour to clear him; and the way was by letting their Lordships know, that many passages in that Book are only Relatively spoken, and not Positive, and most of them are but the affirmations of other Authors of several kinds and professions: as where it is said, that such incarnate Devils as frequent Plays, &c. he speaketh by the way of common frequenting of Plays, lest they prove incarnate Devils; and so of Ladies that cast off their Nature and Modesty, that is relatively spoken by frequenting Plays, lascivious Dancing, &c. and when he speaketh of those in a continual Proposition, his Argument is thus;
'That which doth ordinarily (if not always) defile the Eyes, the Ears, and Souls both of the Actors and Spectators, by ingendring, by exciting Meretricious, Lustful, Lewd, Adulterous Desires and Affections in their Hearts, or by instigating, by preparing, by inducting them to actual uncleanness, must needs be abominable and unlawful unto Christians; but these Stage-Plays, &c. therefore they must needs be abominable. And there is none but Whores, Panders, or foul incarnate Devils, who dare control that Minor truth.
He doth not condemn New years-Gifts, but acknowledges them to be as tokens and testimonies of favour and respect from Superiours to their Inferiours; and for dancing, (under favour) he doth not condemn it at all; he hath commended the same as single, and dancing the Measures. And for dancing in great Men and Princes, he doth protest it was far from his thought to compare these times to Nero's, under so Pious and Religious a Prince as we have, and by whom we receive so much happiness. That had been so impious and unworthy, that he could by no means make any Apology; but as well his Person as his Pen should have been detestable, if he had made any such comparison.
And where he doth speak that Dancing and Masquing, have been near as expenceful as the Wars, in that he means in Henry the 8ths time, and not in these days; as I take it, he speaks there of a History, that doth express the great charge in that time.
I shall desire, as I did begin in the opening of his Answer, that he may lay fast hold upon the Rock of the King's Favour and Mercy, and Compassion of this Court; and what his intentions are, they are best known to his own heart, his expressions known to your Lordships. I cannot condemn his Heart, I will not excuse his Pen.
This if your Lordships will give me leave I shall say; I have long known him in a Society of Inns of Court, where he has lived; and for his ordinary discourses (except the matters in this Book) they have not been factious or seditious. But now he is before your Lordships, truly for my part, I compare him to the condition of an Astronomer, that fixed his Eyes so much upon the Stars, that he did not look to his Feet, and so fell into a Ditch: for his Eyes were so fixed upon this Subject, upon the common resort to Stage-Plays, and the great abuse that comes by them, that he forgot to look down to his hand that guided his Pen, which now bringeth him under your Lordships censure.
That I may not offend the patience of this Court, (the Court is full, and the expectation is great;) I will conclude with all humility, and wish and crave, that he who is the supreme Judge may be with your Lordships in this matter, and may be over all your good Thoughts, Judgments and Sentences this day, in this cause of this poor Gentleman. And this is all I humbly offer in defence.
I am assigned Councellor with Mr. Prynn. The information is for publishing in Print a Libel or Volume of Libels against King, Queen, State, &c. My Lords, for Mr. Prynn, he doth humbly cast himself at your Lordships Feet. For the Book, I must say, he doth humbly submit himself to your Lordships; yet, my Lords, his heart will not give him leave to say, that he is guilty of those gross Offences, that are laid to his Charge. He confesseth himself to be justly brought before your Lordships for his ill expressions, which may prove an occasion of scandal by misconstruction, and so some dangerous principle may be infused into the Subjects: And he beggeth your Lordships to consider of them, according to the intentions of his heart, which were fair and honest, though harsh in expression, that he may receive a favourable construction, for that he citeth his Authors, and their Words, and not his own. And for that he meddleth with matters not proper to Stage-Plays, as in mentioning the Sabbath, his meaning was, Stage-Plays upon the Sabbath day: his mentioning Habits and Recreations, was in relation to Men putting on Womens Habits, and unlawful Recreation at Plays, and so he conceives them not altogether impertinent.
For the manner of his Writing, he is heartily sorry, that his stile is so bitter, and his imputations so unlimited and general; yet in this, he was led thereunto by Authors in the like case, which he offers for his excuse; he hopes his passion against these abuses by Plays may a little plead his excuse.
Now for the manner and matter alledged against him out of his own Book, in that he hopes your Lordships favour: he saith, that those that are Judges of the Book for Licensing, they are guilty of the matter, and he hopeth that this Book doth differ from all the Books brought into this Court; for here are none brought but such as are Unlicensed, and this is Licensed: and he submitteth thus to that point.
My Lords, as to the general end and intention of his Book, he swe***areth, that the general resort unto Plays was the first occasion, and his end was for the reformation of the abuse of it, and no otherwise; and then, my Lords, he hopeth he shall not incur your Lordships severe Censure. He did not send the Book beyond the Seas to be Printed, but Printed it here, and it was three years in the Press, and Licensed and published.
And my Lords, the Declaration to the Information of this Court, speaketh something to his Intentions, viz. to whom he dedicated this Book, and he dispersed it himself to men of known integrity; and certainly if his heart had been guilty of those foul crimes, he would not have presented one of these Books to Mr. Attorney Noy himself. He did not absent himself, as one guilty of such offences would have done; he was so far from having disloyalty, that he doth commend the King and State, and that could not be with an intention against King and State. And all the charges that lye upon him for his foul intentions, are but inferences upon his Book, and consequences, and such of them only that be strained, and not of necessity.
The next thing charged upon him is Perjury, for that he said he shewed no part of this Book to any before it was shewn to Sparkes; yet it was proved by Dr. Harris and Dr. Goad, that they saw it many years ago. As to this he saith, they speak only of his Book concerning Plays, containing a quire of Paper, and that it is true, he did shew them such a Book; but that Book was not this Book, though they be of one Subject and Matter, yet they differ much in form and frame.
We that are assigned Councel for Mr. Prynn, do come with great disadvantage, both in Number and Judgements, considering the great ability of the King's Councel, who have spoken against us. If the construction they have made be theirs, then clearly we are (as they would have us) to fall deep by your Lordships Sentence.
The weight of this Cause, and the aggravations upon it by the King's Councel, made me the last day (without desire of my Client) to crave farther time, for we durst not then give any answer. All that I can now say is, that your Lordships would look upon the intentions of his Heart, in that he hath explained himself as fair as any man can do by his Oath; how is it possible to make other proof of the clear intentions of his heart, than by his Oath? His Oath is admitted as proof against him, in the acknowledgement of his Book; and shall it not be admitted for him, to clear the integrity of his heart? We beseech your Lordships to look upon him, as not writing these things out of perverseness of spirit, but out of the abundance of his heart transported with zeal against the growing evils, which have befaln many of this Nation, and some of his own acquaintance, by their frequenting of Stage-Plays. We that know him, must say as far as our knowledge will give us leave, that in all passages that have faln from him, to us he hath expressed himself full of Devotion and Duty to His Majesty and the Queen; and shall humbly take leave to offer some passages out of his Book, which do bear evidence, that he doth speak well of both their Majesties, and of the State; and that by inferences and distinctions there made: and what is it but Inferences made out of other passages of his Book, which doth reflect upon him? Which passages were opened by the Councel, but not read.
Three Star-Chamber days having been spent in the hearing of this Cause, the Lords sate the fourth day to proceed to Sentence, which held till four of the Clock in the afternoon; and they passed such sentence on Mr. Prynn, as is expressed in the ensuing speeches, which in effect comprehend all that was said by others.
The first was of Francis Lord Cottington, Chancellor of the Exchequer, whose turn was to begin first to speak, as being in the lowest degree of quality by his place; and commonly he that beginneth, as he openeth the matter at large, so he inclineth thereby many Lords to forbear making of Speeches, and only to declare themselves to concur in Sentence with him that began first, or with some other Lord that spake before, as their Judgments lead them.
His Majesties Attorney General hath brought Mr. Prynn before your Lordships, with other Defendants Thomas Buckner, Michael Spark, &c. It is for publishing a Libellous Book, or Volume of Libels, to the scandal of His Majesty and the State. To my understanding it may be more properly said, the great and high malice of Mr. Prynn published and declared in that Libellous Book; a malice expressed in a manner against all mankind, and the best sort of Mankind, against King, Prince, Peers, Prelates, Magistrates and Governors, and truly in a manner against all things. But that which hath been more remarkable, is his spleen against the Church and Government of it; therefore for that I will not sentence him, (because Mr. Attorney doth forbear to prosecute against him, for that which belongeth to the Church,) yet it is an argument of his great and high malice: and when I consider of that, which hath been so often repeated, that he writ this Book alone, surely he was assisted immediately by the Devil himself, or rather he hath assisted the Devil. He hath written a Book against the due reverence and honour, which all Christians owe to our Saviour Jesus, this doth convince my Judgment against him; but the Book (as Mr. Attorney saith,) declares the man, it is the witness: And if your Lordships observe the particulars and stile of it, you will say it is a strange thing; the very stile doth declare the intent of the man, and that is (as Mr. Attorney said,) to work a discontent and dislike in the King's people against the Church and Government, and disobedience to our gracious Soveraign the King. If Mr. Prynn should be demanded what he would have, he liketh nothing, no State or Sex; Musick, Dancing, &c. unlawful even in Kings; no kind of Recreation, no kind of Entertainment, no, not so much as Hawking, all are damned. The very truth is, Mr. Prynn would have a new Government, he would have a new Church, he would have new Laws, new Entertainment, God knows what he would have; a new King he would have, and have all the people of his mind, to be discontented with their King and Government.
Mr. Prynn confeslleth he did write the Book, and it's true he did endeavour the Printing of it, and the Publishing of it, this is proved very well; yea but Mr. Prynn had no other intention but a tenderness of Conscience, he meant no hurt to the King or State, (as his Councel said:) but Mr. Attorney answered them, that he is not the Declarer of his Intentions, he must be judged by the Book, by his Words, more certainly by the effect; for all good men do receive scandal by this Book, and all of Mr. Prynn's humour were glad of this Book. When I consider what kind of Libel it is, it is not like other Libels: other Libels have been by persons discontented, some poor Rogues, scattered up and down; but here's a Libel in folio, and in Print, and justifieth it self by Authors with an high hand, That is there, and that is there. And, (my Lords,) when I consider those high passages in his Book, I protest unto you they are things to be abhorred; they are not spoken relatively (as his Councel would have it) but positively, That our English Ladies, Shorn and Frizled Madams, have lost their Modesty; that the Devil is only honoured in Dancing; that Plays are the chief delight of the Devil; that they that frequent Plays are damned, and so are all that do not concur with him in his opinion, Whores, Panders, foul Incarnate Devils, Judases to their Lord and Master, &c. Princes dancing in their own Persons, his censure of them is Infamous, &c. But the foulest of all is, That this was the cause of untimely ends in Princes.
Shall not all that hear these things think, that it is the Mercy of the King that Mr. Prynn is not destroyed? have we not seen men lately condemned to be hanged and quartered for far less matters? One (Pinchman) I was my self imployed with others in the examining of him; he confessed, that the writing for which he was questioned was a Sermon, that he did intend to Preach: the words were against the person of the King, yet he never Preached it; yet because he had written it with an intention to preach it, he was brought upon this point and condemned to dye. But this Book is in Print; it is against all Magistrates, and particularly against the King our Soveraign, and his blessed Consort. And yet, my Lords, it pleaseth his Majesty to let Mr. Prynn have his Trial here. I will not trouble your Lordships with any more parts of the Book: Mr. Attorney noted unto your Lordships, that you should see how necessary it was, that Mr. Prynn should be clean cut off, as one that hath a long time endeavoured to move the People to disobedience against the King, &c. So I say with Mr. Attorney, it is high time that Mr. Prynn may be cut off so far as may go with the censure of this Court. My Lords, Mr. Prynn is bettter dealt withal, than he would have Princes dealt with; he hath had very fair trials.
For his Defence, I took notice of it likewise, I do remember that all those Gentlemen, that were imployed and assigned as Councel for his Defence, every one of them began to crave Mercy of the Court; yet they came with a defence and justification so far as their cause would bear. Mr. Holborn said, that for Players they were Rogues by the Statute: yet Mr. Attorney said, they are not Rogues by the Statute, unless they wander, &c. My Lords, he said, his intention was against Publick and Common-Plays, yet seek all his Book thorow, and you shall find it is against Plays in Princes Palaces. His intention now must be understood by his Book, and by his words; and that which he doth apply of any Author is his own. And I think his defence did aggravate his offence. As to his defence against the Ladies, he saith, he speaketh it Relatively and not Positively, yet he saith, our English Ladies are so and so whorish, &c. And for that part of his Book, wherein he condemns Murder, Mr. Prynn will have Murder unlawful, but execution of Princes is not Murder, and therefore that is a lawful act. Mr. Attorney said well, the end of this man and John (fn. 2) Mariana, &c. they are all one, they all cry malice against Princes.
I shall humbly crave pardon, and discharge my Conscience, and shall let your Lordships see, how I do understand the sense, and that so I am to judge, and I conceive it to be as your Lordships see, that the malice in this Book is against King and State, and, my Lords, with this I Sentence Mr. Prynn.
I do in the first place begin Censure with his Book; I condemn it to be burnt, in the most publick manner that can be. The manner in other Countries is, (where such Books are) to be burnt by the Hang-man, though not used in England, (yet I wish it may, in respect of the strangeness and hainousness of the matter contained in it) to have a strange manner of burning; therefore I shall desire it may be so burnt by the Hand of the Hang-man.
If it may agree with the Court, I do adjudge Mr. Prynn to be put from the Barr, and to be for ever uncapable of his Profession. I do adjudge him (my Lords) That the Society of Lincolns-Inn do put him out of the Society; and because he had his Offspring from Oxford (now with a low voice said the Bishop of Canterbury, I am sorry that ever Oxford bred such an evil Member) there to be degraded. And I do condemn Mr. Prynn to stand in the Pillory in two Places, in Westminster and Cheapside, and that he shall lose both his Ears, one in each Place, and with a Paper on his Head, declaring how foul an Offence it is, viz. That it is for an Infamous Libel against both their Majesties State and Government. And lastly, (nay not lastly) I do condemn him in 5000l. Fine to the King. And lastly, perpetual Imprisonment.
There are other Defendants, Thomas Buckner, whom I conceive to be the Chaplain charg'd with the Licensing of the Book. I observe, that Mr. Attorney hath little or nothing prosecuted against him. It is said he did combine with the Writer and Stationer for this infamous Libel. It doth appear that he did License it, or at least 64 Pages thereof; I think it be also true, that Mr. Buckner did see the Book after it was printed. It is said, for his excuse, That Mr. Buckner was cozen'd and surpriz'd by Mr. Prynn and Sparkes, but it's plain he Licensed it, or at least 64 Pages; therefore I shall judge according to the Proof, as it is the usual Custom of this Court. I must judge Mr. Buckner to be worthy of a very sharp Sentence, for certainly there is a very great inconvenience faln upon the State, for want of due Examination: To what purpose is there an Examination of Books, if there shall be a connivance and winking at the Party that doth it? I shall think Mr. Buckner not only worthy of a severe Reprehension, but I shall Censure him first to have Imprisonment according to the course of the Court, and 50 l. Fine to the King
Now (my Lords) the next is Michael Sparke, and he is the 3d, and he is the Printer of the Book, and Binder, and Publisher thereof. In his defence he hath shewed your Lordships a piece of the Book Licensed by Mr. Buckner, and saith it was all Licensed, but that he proves not; but that it was entred in the Stationers-Hall, that he proves. But I do find, that he perswaded Men to buy this Book, after it was prohibited; and before it was prohibited he perswaded Men to buy it, saying, It was an excellent Book, and it would be called in, and then sell well. I do Fine Sparkes 500l. to the King, and to stand in the Pillory, without touching of his Ears, with a Paper on his Head to declare his Offence, and it is most necessary in these times; and for the Pillory to be in Pauls Church-yard. (It is a Consecrated Place, saith the Arch-bishop of Canterbury) I cry your Grace mercy (said my Lord Cottington) then let it be in Cheapside. For the other Three, I find that Mr. Attorney doth not prosecute them, therefore, my Lords, I do not Censure them.
Since I have had the Honour to attend this Court, Writing and Printing of Books have been exceedingly found fault withal, and have received a sharp Censure, and it doth grow every day worse and worse; every Man taketh upon him to understand what he conceiveth, and thinks he is no body except he be in Print. We are troubled here with a Book, a Monster, (Monstrum Horrendum, Informe, Ingens!) It hath been a Question who is the Author of this Book: Surely I am satisfied in my Conscience he is the Author of it; But truly, give me leave, I do not think Mr. Prynn is the only Actor in this Book, but that there were many Heads and Hands therein besides himself. I would to God in Heaven, the Devil and all else that had their Heads and Hands therein besides Mr. Prynn, were, &c. for I think they are all ill-willers to the State, and deserve severe punishment as well as Mr. Prynn doth. This Book is the subject of this day's work, and it is annexed, by Mr. Attorney, to the very Information it self.
For the Book, I do hold it a most scandalous infamous Libel to the King's Majesty, a most Pious and Religious King; to the Queen's Majesty, a most Excellent and Gracious Queen; such a one as this Kingdom never enjoy'd the like, and I think the Earth never had a better. It is scandalous to all the Honourable Lords, and the Kingdom it self, and to all sorts of People. I say Eye never saw, nor Ear ever heard of such a scandalous and seditious thing, as this mishapen Monster is. How scandalous a thing it is hath appeared already to your Lordships, by the King and Queen's Councel against Mr. Prynn; I will not for my part repeat.
Yet give me leave to read a word or two, where he cometh to tell your Lordships of the Reasons why he writ this Book: Because he saw the number of the Plays, Play-Books, Play-haunters, and Play-houses so exceedingly increased, there being above forty thousand Play-Books, being now more vendible than the choicest Sermons. What saith he in the Epistle Dedicatory? speaking of Play-Books, They bear so big a Price, and are printed in far better Paper, than most Octavo and Quarto Bibles, which hardly find so good vent as they; and then come in such abundance, as they exceed all number, and 'tis a years time to peruse them over, they are so multiplyed; and then he putteth in the Margin Ben Johnson &c. Printed in better Paper than most Bibles. Now if this be not a Tax upon the Kingdom, to print these Books in better Paper than the Bible it self, for my part I leave it to your Lordships. This Monster, this huge mishapen Monster, I say it is nothing but lies, and venom against all sorts of People. It is a strange thing what this Man taketh upon him. He is not like those Powder-Traytors, they would have blown up all at once; this throweth all down at once to Hell together, and delivereth them over to Satan. I beseech your Lordships give me leave; Stage-Plays, &c. (saith he) none are gainers and honoured by them, but the Devil and Hell; and when they have taken their wills in lust here, their Souls go to Eternal Torment hereafter. And this must be the end of this Monsters horrible Sentence. He saith, So many as are in Play-houses, are so many unclean Spirits; and that Play-haunters are little better than incarnate Devils. He doth not only condemn all Play-writers, but all Protectors of them, and all beholding of them; and Dancing at Plays, and Singing at Plays, they are all damned, and that no less than to Hell. I beseech your Lordships to give me leave but in a word to read unto you what he writes of Dancing, &c. It is the Devils Profession; and he that entreth into a Dance, entreth into a devilish Profession; and so many paces in a Dance, so many paces to Hell: This is that which he conceiveth of Dancing. The Woman that singeth in the Dance, is the Prioress of the Devil, and those that answer are Clarks, and the Beholders are the Parishioners, and the Musick are Bells, and the Fidlers are the Minstrels of the Devil. I said it was a Seditious Libel; this Point of Sedition is the only thing that troubles me, and it is that which I shall offer to your Lordships: For I do not know it, the good Opinion, Heart, Will and Affections of the Kings People and Subjects are the Kings greatest Treasure. Now if this be so, then for any Man cunningly to undermine these things, to take away the Hearts of the Subjects from the King, and to bring the King into an ill Opinion among his People, this is a most damned offence; and if I were in my proper place, and Mr. Prynn brought before me, I should go another way to work. I protest unto your Lordships, it maketh my Heart to swell, and my Blood in my Veins to boil (so cold as I am) to see this or any thing attempted, which may endanger my Gracious Sovereign; it is to me the greatest comfort in this world to behold his Prosperity.
Much hath been spoken concerning these things, and something by my Lord Cottington before me; but good my Lords, give me leave to remember you one or two Passages, not yet spoken of. He writeth thus; That Nero's acting and frequenting Plays, was the chiefest cause that stirred up others to conspire his death; would any Man think, that his acting and frequenting of Plays was the chiefest occasion?
He writeth in another place worse than this. Fol. 465. Tribellius Pollio relates, That Martian, Heraclius, and Claudius, Three worthy Romans, conspired together to murder Gallienus the Emperor, (a Man much besotted, and taken up with Plays, to which he likewise drew the Magistrates and People by his lewd Examples) as Flavius and others conspired Nero his Murder for the self-same cause, &c. Now my Lords, that they should be called Three worthy Persons that do conspire an Emperor's death, (though a wicked Emperor) it is no Christian Expression.
If Subjects have an ill Prince, marry, what is the remedy? they must pray to God to forgive him, and not say they are worthy Subjects that do kill him: If they were worthy Acts, Mr. Prynn, I can tell what you are, (Mr. Prynn standing, during the Censure, behind the Lord Chief-Justice Richardson, and Arch-Bishop Neale) No Man will conspire to murder a King that can be a worthy Actor. For the very thought of it is High-Treason. He speaketh of these Three, that they were Three worthy Romans that did conspire to murder Nero. This is most horrible, and here can be no manner of Exposition, but in the worst sense; for his excuse, he hath made none at all, only it was not his intention.
Good Mr. Prynn, you are a Lawyer. Intention! I know where the word standeth equal, as that you may take the Intention this way, or that way, with the right-hand or left-hand, there in that Case you may speak the Intention; but where the words are plain and positive, as in your Books, here is no help of Intention in the world: your words are plain and clear, therefore you can never make any defence at all out of that. Not to hold your Lordships any longer: My Lords, it is a most wicked, infamous, scandalous, and seditious Libel. Mr. Prynn, I must now come to my Sentence, though I am very sorry, for I have known you long, yet now I must utterly forsake you; for I find that you have forsaken God, and his Religion, and your Allegiance, Obedience, and Honour, which you owe to both their Excellent Majesties, the Rule of Charity to all Noble Ladies, and Persons in the Kingdom, and forsaken all Goodness. Therefore, Mr. Prynn, I shall proceed to my Censure, wherein I agree with my Lord Cottington, as he began very well: First, for the burning of the Book in as disgraceful a manner as may be, whether in Cheapside or Pauls Church-yard; for though Pauls Church-yard be a Consecrated Place, yet Heretical Books have been burnt in that Place. And because Mr. Prynn is of Lincolns-Inn, and that his Profession may not sustain disgrace by his Punishment, I do think it fit, with my Lord Cottington, that he be put from the Bar, and degraded in the University; and I leave to my Lords the Lord Bishops to see that done: and for the Pillory, I hold it just and equal though there were no Statute for it. In the case of a high Crime, it may be done by the discretion of the Court, so I do agree to that too. I Fine him 5000l. and I know he is as well able to pay 5000l. as one half of 1000l. and perpetual Imprisonment I do think fit for him, and to be restrained from writing, neither to have Pen, Ink, nor Paper; yet let him have some pretty Prayer-Book, to pray to God to forgive him his sins; but to write in good faith, I would never have him: For, Mr. Prynn, I do judge you by your Book to be an insolent Spirit, and one that did think by this Book to have got the name of a Reformer, to set up the Puritan or Separatist Faction. I would not have Mr. Prynn go without a Recognition of his Offence to the King and Queens Majesty. I agree to the Sentence on Buckner and Sparkes.
By this vast Book of Mr. Prynn, it appeareth he hath read more than he hath studied, and studied more than he considered; whereas, if he had read but one sentence of Solomon, it had saved him from the danger he is now like to fall into. The Preacher saith, Be not over-just, nor make thy self over-wise, for why wilt thou destroy thy self? My Lords, It is a Sentence requireth much study and consideration. It is most certain, that Righteousness and Wisdom are such Vertues, as they help forward Justice; but when Wisdom is mixed with a Mans own humours, as for the most part it is with Flesh and Blood, there is danger of straining it too far, and that will tend to the destruction of himself and others. Examples are too pregnant of this, and he may take it from a good Author, even from Christ himself. When his Apostles, out of zeal to their Master, would have called for Fire from Heaven against the Samaritans that refus'd to entertain him, the Answer was, You know not of what Spirit you are. I would Mr. Prynn would have consider'd this.
There is a good Spirit that is meek, tempered with modesty and humility, with mildness and with equity; and such a Spirit is always tender, not to destroy, root up, overthrow, but to bind, repair and preserve. But there is another fiery Spirit, which is always casting of fire, nothing but damnation and destruction; certainly such a Spirit ever tends to his own confusion. And if this be well observed, every man shall find it true, that such a Spirit ever cometh before destruction. I wish Mr. Prynn were not an ill Example of this. Certainly, my Lords, vice and corruption ought not only to be reprehended but to be punished severely, and that sharply too where it is; but Mr. Prynn should have considered, every Man is not a fit reprehender. He had no Invitation, nor Office nor Interest to imploy a Talent, which doth not belong unto him. If Magistrates and Princes should inveigh against all things, and tolerate nothing, we must live no longer among Men; and certainly if we will be thought to live with them that are wholly virtuous, we must go out of the World; we have a good Author for this. But, my Lords, a Toleration must be used, and that Mr. Prynn would have found if he had considered his own body: Shall a Man upon every light distemper and disorder in his body take Physick; Or shall ill humours be purged till he purge all out? Certainly he will purge Spirit, Life, and all away with it. And as it is in the Natural Body, so it is in the Politick, there must be a Toleration and Connivence; it cannot be governed without it, and we have a Warrant for it. Did not Christ himself forbid the cutting out of the Tares, left they should pluck Corn, and destroy that too. I think if Mr. Prynn should have been asked the Question that Naaman did to the Prophet, he would not at all have bid go away in peace, he would have threatned Hell and destrustion. There is a Christian Wisdom, and there must be a Toleration in all States. And certainly the faults that have been tolerated in all times were greater than modest Plays, or modest Dancing. It is not my intention, neither do I think it is the intention of any of your Lordships, to Apologize for Stage-Plays, much less for the abuse of them; I wish, and so I think doth every good Man, that the abuse of them were restrained; but, my Lords, not by railing, cursing, damning, inveighing, &c. not only against the faults and Players themselves, but against all Spectators, and those that come to them, and that of all degrees, and with such bitterness and acrimony, that in all the Authors alledged, which areinfinite, there is not to be found an Example. My Lords, I am very sorry he hath so carried himself, that a Man may justly fear he is the Timon that hath a quarrel against Mankind. But I love not too much to aggravate Offences, which of themselves are heavy enough.
He calleth his Book Histrio-mastix; but therein he sheweth himself like unto Ajax Anthropomastix, as the Grecians called him, the scourge of all Mankind, that is, the Whipper and the Whip. I cannot but concur with the Censure already begun by my Lord Cottington, given against Mr. Prynn, Buckner and Sparkes.
Such swarms of Murmurers as this day disclose themselves, are they not fearful Symptoms of this sick and diseased time; ought we not rather with more Justice and Fear apprehend those heavy Judgments which this minor Prophet, Prophet Prynn, hath denounced against this Land, for tolerating indifferent things to fall upon us for suffering them, like those Mutineers against Moses and Aaron, as not fit to breath? My Lords, It is high time to make a Lustration to purge the Air. And when will Justice ever bring a more fit Oblation than this Achan? Adam, in the beginning, put Names on Creatures correspondent to their Natures: The Title he hath given this Book is Histrio-mastix, or rather, as Mr. Secretary Cooke observed, Anthropomastix; but that comes not home, it deserves a far higher Title, Damnation, in plain English, of Prince, Prelacy, Peers and People. Never did Pope in Cathedra, assisted with the Spirit of Infallibility, more positively and more peremptorily condemn Hereticks and Heresie, than this doth Mankind. Lest any partial Auditor may think me transported with Passion, to judge of the base Liveries he bestoweth upon Court and Courtiers, I shall do that, which a Judge ought to do, viz. assist the Prisoner at the Bar. Give me leave to remember what Mr. Attorney let fall the other day. I will take hold of it for the Gentlemans advantage, That this Gentleman had no Mission; if he had had a Mission, it would have qualified the Offence. Our Blessed Saviour, when he conversed in this World, chose Apostles, whom he sent after into the World; Ite, prœdicate, &c. to shew the way of Salvation to Mankind. Faith, Hope, and Charity, were the steps of this Jacobs Ladder to ascend Heaven by. The Devil, who hates every Man upon Earth, play'd the Divine, cited Books, wrought Miracles, and he will have his Disciples too, as he had his Confessors and Martyrs. My Lords, This Contempt, distoyalty, and despair, are the Ropes which this Emissary lets down to his great Masters Kingdom for a general Service. My Lords, As the Tenor of their Commission was different, so are the ways: These Holy Men advanced their Cause in former times by meekness, humility, patience to bear with the weakness and infirmities of their Brethren; they taught obedience to Magistracy, even for Conscience sake; they divided not their Estates into Factions; they detracted from none, they sought the Salvation of Mens Souls, and guided their Bodies and Affections answerably; they gave to Cœsar the things that were Cœsars; if Princes were bad, they prayed for them; if good, they praised God for them; however, they bore with them: This was the Doctrine of the Primitive Church, and this they did. I appeal to my Lords that have read this Book, if Mr. Prynn has not with breach of Faith discharged his great Masters end. My Lords, When God had made all his Works, he looked upon them and saw that they were good. This Gentleman, the Devil having put Spectacles on his Nose, says, that all is bad: no Recreation, Vocation, no Condition good; neither Sex, Magistrate, Ordinance, Custom Divine and Humane, things animate, inanimate, all, my Lords, wrapt up in Massa Damnata, all in the Ditch of Destruction. Here, my Lords, we may observe the great Prudence of this Prince of Darkness, a Soul so fraught of Malice, so void of Humanity, that it gorgeth out all the filth, impiety and iniquity that the discontent of this Age doth contract against the Church and State: but it may be some follower of his will say, It was the Pride and wickedness of the Times that prompted him to this Work, and set his Zeal, through tenderness of Conscience, to write this Book. My Lords, you may know an unclean Bird by his Feathers; let him be unplum'd, unmasked, pull off the deceitful Vizard, and see how he appeareth; this brittle-Conscience Brother, that perhaps starts at the fight of the Corner-Cap, sweats at the Surplice, swoons at the Sign of the Cross, and will rather dye than put on Woman's Apparel to save his life; yet he is so zealous for the Advancement of his Babel, that he invents Legions, Coins new Statutes, corrupts, misapplies Texts with false Interpretations, dishonours all Men, defames all Women, equivocates, lies; and yet this Man is a Holy Man, a Pillar of the Church: do you (Mr. Prynn) find fault with the Court and Courtiers Habits, Silk and Satten Divines? I may say of you, you are all Purple within, all Pride, Malice, and all Disloyalty; you are like a Tumbler, which is commonly Squint-ey'd, you look one way, and run another way: though you seemed by the Title of your Book to scourge Stage-Plays, yet it was to make People believe, that there was an Apostacy in the Magistrates; but, my Lords, admit all this to be venial and pardonable, this Pigmy groweth a Gyant, and invades the Gods themselves, where we enjoy this, felicity under a Gracious Prince with so much advantage, as to have the light of the Gospel, whilst others are kept in darkness, the happiness of the Recreations to the health of the Body, the Blessed Government we now have; when did ever Church so flourish, and State better prosper? and since the Plagues hap'ned none have been sent among us such as this Caterpillar is; what Vein hath opened his anger? or who hath let out his fury? When did ever Man see such a Quietus est as in these days? yet in this Golden Age, is there not a Shimei amongst us, that curseth the Anointed of the Lord, so puffed with pride, nor can the Beams of the Sun thaw his frozen Heart, and this Man appeareth yet. And now (my Lords) pardon me, as he hath wounded His Majesty in His Head, Power, and Government, and Her Majesty, His Majesties Dear Consort, Our Royal Queen, and my Gracious Mistress; I can spare him no longer, I am at his Heart. Oh quantum! &c. If any cast infamous Aspersions and Censures on our Queen and Her Innocency, silence would prove impiety rather than ingratitude in me, that do daily contemplate Her Vertues; I will praise Her for that which is her own, she drinks at the Spring-Head, whilst others take up at the Stream. I shall not alter the great Truth that hath been said, with a Heart as full of Devotion, as a Tongue of Eloquence, the other day, as it came to his part (meaning Sir John Finch.) My Lords, Her own Example to all Vertues, the Candor of Her Life, is a more powerful Motive than all Precepts, than the severest Laws, no Hand of Fortune nor of Power can hurt Her; her Heart is full of Honour, Her Soul of Chastity; Majesty, Mildness and Meekness are so married together, and so impaled in Her, that where the one begetteth Admiration, the other Love; Her Soul of that excellent temper, so harmoniously composed, Her Zeal in the ways of God unparallel'd; Her Affections to Her Lord so great, if she offend him, it is no Sun-set in Her anger; in all Her Actions and Affections so Elective and Judicious, and a Woman so constant for the redemption of all Her Sex from all imputation, which Men (I know not how justly) sometimes lay on them; a Princess, for the sweetness of Her Disposition, and for Compassion, always relieving some oppressed Soul, or rewarding some deserving Subject: were all such Saints as She, I think the Roman Church were not to be condemned; on my Conscience She troubleth the Ghostly Father with nothing, but that She hath nothing to trouble him withal. And so when I have said all in Her Praise, I can never say enough of Her Excellency; in the relation whereof an Orator cannot flatter, nor Poet lye; yet is there not Doeg among us, notwithstanding all the Tergiversations his Counsel hath used at the Bar? I can better prove, that he meant the King and Queen by that infamous Nero, &c. than he proves Players go to Hell; but Mr. Prynn, your Iniquity is full, it runs over, and Judgment is come; it is not Mr. Attorney that calls for Judgment against you, but it is all Mankind, they are the Parties grieved, and they call for Judgment.
(1.) Mr. Prynn, I do declare you to be a Schisme-maker in the Church, a Sedition-sower in the Common-wealth, a Wolfe in Sheeps-cloathing, in a word, Omnium malorum nequissimus. I shall Fine him Ten Thousand Pounds, which is more than he is worth, yet less than he deserveth; I will not set him at liberty no more than a plagued Man or a mad Dog, who though he cannot bite, he will foam; he is so far from being a Sociable Soul, that he is not a Rational Soul; he is fit to live in Dens with such Beasts of Prey as Wolves and Tigers like himself: Therefore I do condemn him to perpetual Imprisonment, as those Monsters that are no longer fit to live among Men, nor to see light. Now for Corporal Punishment, (my Lords) whether I should burn him in the Forehead, or slit him in the Nose; for I find, that it is confessed of all, that Doctor Leighton's Offence was less than Mr. Prynn's, then why should Mr. Prynn have a less Punishment? He that was guilty of Murder was marked in a place where he might be seen, as Cain was. I should be loth he should escape with his Ears, for he may get a Periwig, which he now so much inveighs against, and so hide them, or force his Conscience to make use of his unlovely Love-Locks on both sides: Therefore I would have him branded in the Forehead, slit in the Nose, and his Ears cropt too. My Lords, I now come to this Ordure, I can give no better term to it, to burn it, as it is common in other Countries, or otherwise we shall bury Mr. Prynn, and suffer his Ghost to walk: I shall therefore concur to the burning of the Book; but let there be a Proclamation made, that whosoever shall keep any of the Books in his hands, and not bring them to some publick Magistrate to be burnt in the Fire, let them fall under the Sentence of this Court; for if they fell into wise Mens Hands, or good Mens Hands, there were no fear; but if among the common sort, and into weak Mens Hands, then tenderness of Conscience will work something. Let this Sentence be Recorded, and let it be sent to the Library of Sion (meaning a Colledge in London) whether a Woman, by her Will, will allow Mr. Prynn's Works to be sent.
For Mr. Buckner, I believe that he had no intention at all this Work should come abroad, he is said to be a conformable Man to the Church of England; I shall hardle Censure him, he deserveth admonition.
For Sparkes, I concur in all things: The Feodary had his Office taken away from him by this Court; I see therefore no reason but that he may be barred from printing and selling of Books, and kept wholly to binding of Books.
To welcome His Majesty home, after His Progress this Year into Scotland, the Four Inns of Court agreed to Present to the King and Queen a most glorious Masque; and accordingly on the 18th day of February this Year, on Shrove-Tuesday at night, in a gallant way Four Gentlemen, out of each Inns of Court, did ride on Horse-back, richly habited to Whitehall, accompanied also with a Train of Christian Captives many years enslaved in Chains under the Emperor of Morocco, and now sent by him as a Present to the King, for His assistance in destroying a Port of Pyrates that annoyed that Emperor, and which also proved to the future security of Traders in the Mediterranean Sea.
And the City, willing to do something answerable, feasted their Majesties a fortnight after, at the Lord Majors House, (Alderman Freeman being then Major.) And the Inns of Court Revellers richly habited, rid in manner as is before-mentioned through the City, adorned the Kings Feasts, and at Merchant-Taylors-Hall the City partaked of that Radiant Show and Masque.
- Duke of Lenox.
- Earl of Devonshire.
- Earl of Holland.
- Earl of Newport.
- Earl of Elgin.
- Viscount Grandeson.
- Lord Rich.
- Lord Feilding.
- Lord Digby.
- Lord Dungarvin.
- Lord Dunluce.
- Lord Wharton.
- Lord Paget.
- Lord Saltine.
- Lord Walden.
- Lord Cranborne.
- Lord Brackley.
- Lord Shandos.
- Mr. William Herbert.
- Mr. Tho. Howard.
- Mr. Tho. Egerton.
- Mr. Charles Cavendish.
- Mr. Robert Howard.
- Mr. Henry Spencer.
As to the Masque, saith an Historian (fn. 3), who writes the Reign of King Charles, that for curiosity of Fancy, for excellency of Performance, for lustre and dazling Splendor, this Age never before nor since within this Isle afforded the like.
It is said by another Historian (fn. 4), who also writ the Life of King Charles, That this gallant Masque was performed by the Four Inns of Courts in such Regret against William Prynn, Barrester of Lincolns-Inn, for his late Book Entituled Histrio-mastix, being an Invective against Stage-Players.
Titles of Proclamations for the Year 1633.
A Proclamation for the well-ordering of His Majesties Court and Train, as well in his present Journey intended towards his Kingdom of Scotland, and return from thence, as in all other His Majesties Journeys and Progresses hereafter.