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 1634.
May 13. I received the Seals of my being chosen Chancellor of the University of Dublin in Ireland; to which Office I was chosen, September 14. 1633. There were now, and somewhat before, great Factions in Court, and I doubt many private ends followed, to the prejudice of publick Service: good Lord preserve me.
June 11. Wednesday Mr. Prynn sent me a Letter about his Censure in the Star-Chamber for his Histrio-mastix, and what I said in that Censure, in which he hath many ways mistaken me, and spoken untruth of me.
June 16. I shewed this Letter to the King, and by His command (fn. 1) sent it to Mr. Attorney Noy.
June 17. Mr. Attorney sent for Mr. Prynn to his Chamber, shewed him the Letter, asked him whether it were his Hand? Mr. Prynn said he could not tell unless he might read it; the Letter being given into his Hand, (and Mr. Attorney going to his Close-stool, needing a Paper for that purpose) he tore it in small pieces, and threw it out at a Window, fearing, it seems, an Ore tenus.
For this, June 18. Mr. Attorney brought him into the Star-Chamber where all this appeared; (fn. 2) I there forgave him.
And on Sunday morning August 10. his Servant brought me word of it to Croydon before I was out of my bed; I have lost a dear friend of him, and the Church the greatest She had of his condition, since she needed any such.
August 11. one Robert Seale of St. Albans came to me at Croydon, and told me somewhat wildly about a Vision he had at Shrovetide last, about not Preaching the Word sincerely to the People; and a Hand appeared unto him, and Death, and a Voice bid him go tell it the Metropolitan of Lambeth, and made him swear he would do so, and I believe the poor Man was over-grown with fancy: So I troubled my self no further with him or it.
Aug. 30. Saturday, at Oatelands, the Queen sent for me, and gave me thanks for a business, with which She trusted me; Her Promise then that She would be my friend, and that I should have immediate address to Her when I had occasion.
Saturday March 14. I was named one of the Commissioners for the Exchequer, upon the death of Richard Lord Weston, Lord High Treasurer of England. That evening K. B. sent to speak with me at Whitehall; a great deal of free and clear expression, if it will continue.
The King, in the beginning of this Year, May the 5th, had timely in his thoughts, how to raise Monies to set out a Fleet for the Guard of the Narrow-Seas, (which afterwards proved to be in the way of Ship-Money) the Narrow-Seas being at this time infested by Pirates of all his Neighbour-Nations, and from the Mediterranean by Turks and Algiers -men, was pleased to declare His Pleasure and Express Commandment, That no Mariner or Sea-faring-men, Ship-Wright, or Ship-Carpenter whatsoever, being His Majesties Subjects, should without the Kings License, or the License of the Admiral of England, enter, or attempt, or go about to enter into the Service of any Foreign Prince or State, or he employed out of this Realm in any Sea-Service whatsoever, unless it were in the Kings own Service, or of some of His Subjects. And if any at this time be in the Service of any Forreign Prince, that they forthwith return under a great Penalty.
And on the same Day His Majesty thought fit to declare His further Pleasure, concerning the Flags to be employed for His Royal Navy, as well as for the Ships of His Subjects of South and North-Britain; and conceiving it meet for the Honour of the Kings own Ships in His Navy-Royal, and of such other Ships as are, or shall be employed in the Kings immediate Service, that the same be by their Flags distinguished from the Ships of any other of His Subjects; doth therefore prohibit and forbid, That none of the Subjects of any of His Nations and Kingdoms, shall from hence-forth presume to carry the Union-Flag in the Main-Top, or other part of any of His Ships, that is St. George's Cross, and St. Andrew's Cross joyned together, but that the same Union-Flag be still reserved as an Ornament proper to the King's own Ships, and Ships in his immediate Service and Pay, and none others; and his Majesties further Will and Pleasure is, that all other Ships of his Subjects of England, or South-Britain bearing Flags, shall from henceforth carry the Red Cross, commonly called St. George his Cross; and also that all the other Ships of the King's Subjects of Scotland and North-Britain, shall from henceforth carry the White Cross, commonly called St. Andrew's Cross.
And it concern'd his Majesty to think of some other ways than hitherto he had done to raise monies for his Occasions, for that the Monies which were to come to the Exchequer upon the Composition with Recusants, fell far short of expectation.
For the King instead of receiving two full parts of three out of Recusants estates, had little above one part in ten or twelve, especially in the North where their Compositions were highest. Roger Widdrington of Cartington in the County of Northumberland Esquire paid 60l. per Annum into the Exchequer, his Estate being better worth than 500l. per Annum; William Anderton, of Anderton in the County of Lancaster Esquire paid 20l. per Annum, his Estate being estimated worth 500l. per Annum. Francis Harecourt of Ranton in Staffordshire, paid 25l. per Annum, his Estate being worth above 200l. per Annum. Sir Henry Merry of Darbyshire, Kt. paid 66l. 13s. 4d. per Annum, his Estate being worth 600l. per Annum and upwards. Sir John Thimbleby of Lincolnshire, Knight, paid 160l. per Annum, his Estate being estimated at 1500l. per Annum. Sir Ralph Ellecare of Yorkshire, Knight, paid 50l. per Annum, his Estate being worth 600l. per Annum. And much to the like proportion did others compound in those Northern Counties; but afterwards by the Advice of Mr. Noy, a more substantial way was thought upon, to raise a notable Revenue for the King, by Ship-money, of which more fully in its proper time and place.
Mr. Prynn of Lincolns-Inn was brought to the Bar of the Court of Star-Chamber on the 11th of June, and Mr. Attorney Noy thus opened the matter against him.
'He had the sentence of the Court for the same. I will say thus much, it was more favour shewed him than he did deserve; he was mercifully dealt withal. He hath been in Prison, he hath been Degraded; he hath had his Ears cut off, and undergone all shame. It seems he hath been admitted to Pen, Ink and Paper in the Tower, and he hath made use of it. My Lords, he did write a Letter or rather a Scandalous Libel, to some of your Lordships, and falleth particularly upon some of your Lordships here; for he doth examine whatsoever was said at the hearing of his Cause: and he saith, what was done by one, was done by all the rest.
'My Lords, This Libel came to the King's Attorney-General, and he sent for Mr. Prynn, and wished him to give over this practice of Rayling now at last. He was asked whether it was his writing or no? (no wonder he would tell a lye, seeing he had so often lied, and forsworn himself in Court before) He answered, he could not tell, unless he might read it all: so it was delivered unto him to read, consisting of five pages. He read as much of it as was his pleasure, yesterday in my Chamber, in my presence; and my back being from him, and his from mine, he taketh the Letter (the Libel) and teareth it in pieces, like a Rat, or a Vermine, and throweth it out of the Window: yet I caused the pieces to be gathered up, which your Lordships may see, and the Libel in a great part may be read. Then he was asked, if he did tear it? He said, I will answer you nothing. My Lords, I shall desire he may be asked here, whether he did tear it, or no?
'Mr. Prynn, Mr. Attorney desires to know, whether you did tear this, or no? Mr. Prynn answered, If it may please your Lordships, I have been censured in this Court, and submitted my self to every particular in the execution of it; and I have so carried my self in publick, without giving any offence at all in the least kind; and if Mr. Attorney exhibit any thing in Court against me, I desire that I may give a legal Answer unto it. I hope this Court will be favourable toward me. I did nothing in publick to give any offence, and what I wrote in private, was not my intention to come in publick. I am a man subject to passion, as all men are; therefore I hope your Lordships will not impute it as a Crime.
'I shall desire your Lordships that he may be in Goal, and kept close Prisoner; and neither to have Pen, nor Ink, nor Paper, nor go to Church; and I shall afterward proceed against him for this here. I think in my Conscience (said Mr. Noy) he hath neither Grace, nor Modesty.
'My Lords, He hath undergon a heavy punishment, I am heartily sorry for him; and Mr. Prynn, I pray God forgive you for what you have done amiss. I confess I do not know what it is to be close Prisoner, and to want Books, Pen, Ink and Company. Certainly a man alone in that Case, who knoweth how he may be instigated? And as Mr. Attorney saith, he is past all Grace, and Modesty; surely then he had need to be more free, and have Books and go to Church, that he may become better. I shall therefore be an humble suitor to your Lordships, that he may have the privilege to go to Church (saith Mr. Prynn, with a low voice, I humbly thank your Grace.) But my Lord Keeper asked the rest of the Lords, what they thought of it? but no resolution was given at all, but they would take it into their Consideration. The Lord Richardson then said, let him have the Book of Martyrs, for the Puritans do account him a Martyr.
'Mr. Prynn desired the Arch-Bishop of Canterbury, that he might have the Books, which his Officer seized upon in his Study; and the Arch-Bishop did seriously protest, that they were seized without his privity, and that he had direction to seize no Books, but those questioned in Court; but would give a Warrant under his hand to re-deliver them.
In pursuance of the settlement of Church-Affairs, the Bishop of London did about this time design to impose the English Liturgy and Discipline, upon the English Companies and Regiments in Foreign parts, and upon the Churches of Foreigners living in England, and represented to the Lords of the Council his advice therein, in propositions to this effect.
- 1. Whether it be not fit (I had almost said necessary) that the several Colonels in the Low-Countries should entertain no Minister, as Preacher to their Regiments, but such as shall conform in all things to the Church of England established, and be commended unto them from your Lordships, by the advice of the Lord Arch-Bishop of Canterbury or York, for the time being.
- 2. That the Company of Merchants residing there, or in any other foreign parts, shall admit no Minister, as Preacher unto them, but such as are Qualified, and Commended as aforesaid.
- 3. That if any Minister, having by feigned carriage, got to be so recommended, either to any of the several Colonels, or to the Deputy-Governor and Body of the Merchants there, that be after found unconformable, and will not mend upon warning given by the Colonels, or Deputy-Governor of the Merchants, he shall within three months after such warning given, and refused, be dismissed from his service, that a more orderly and peaceable man may be sent unto them.
- 4. That every Minister or Preacher with any Regiment of Souldiers, that are his Majesties born Subjects, or with the Company of Merchants there, or elsewhere, shall read Divine Service, Christen Children, Administer the Sacrament of the Lord's Supper, Marry, Instruct the Younger or more ignorant sort in the Catechism, Visit the Sick, Bury the Dead, and do all other duties according as they are prescribed in the Book of Common-Prayer, maintained in the Church of England, and not otherwise: and that he which will not conform himself so to do, shall not continue Preacher, either to any Regiment of English, or Scotish, or to the Merchants.
- 5. That if any Minister, or Preacher, being the King's Subject, shall with any bitter Words, or Writings in Print, or otherwise, defame the Government of the Church of England established. His Majesties Ambassador or Agent in those parts, for the time being, is to be informed of it; and upon notice given from him to the State, he, or they so offending shall be commanded over by Privy-Seal, or otherwise, to answer their Offence, or Offences here.
- 6. That no Colonel of any several Regiment, or Deputy-Governor of the Merchants shall give way, that their Minister or Preacher shall bring any other Minister to Preach for him in time of his Sickness, Absence, or other necessary employment, but such, as for whose conformity to the Church and Government he will be answerable.
- 7. That if any Minister, being a Subject of the King's, in any parts beyond the Seas, shall in any Auditory, or elsewhere publickly Speak, Write, Print or Divulge any thing derogatory to the Doctrine or Discipline established in the Church of England, or against the temporal State and Government, that the King's Agent do certifie his Offence, that so he may be recalled by Privy-Seal.
- 8. That no man shall be chosen or sent over by the Merchants here, either to Delf, or any other part of their Residence beyond the Seas (whensoever any place, or places shall become void) but such a man as is conformable to the Church of England; and such as will be careful to see, that they who are under his Government shall observe all such Church-duties, as are expressed and required in any of the former proposals.
- 9. That whensoever the Merchant-Adventurers shall become Suitors to renew or confirm their Patent (as in most Kings times is usual to do) that then there be a Clause inserted into their Patent, to bind them to the observance of all, or so much of those Instructions, as shall be thought fit by His Majesty, and the Lords, &c.
The Arch-Bishop of Canterbury thought fit to pursue those Proposals, he had made to the Council, and writ a Letter to the Merchants at Delf, to the purpose following.
After our hearty commendations, &c. We are commanded by His Majesty to signifie unto you that this Bearer Mr. Beaumont chosen by joint-consent of your Company to be your Preacher at Delf, or where else you shall at any time reside, is a man learned, sober and conformable to the Doctrine and Discipline established in the Church of England, and that you are to receive him with all decent and courteous usage fitting his Person and Calling, and to allow him the usual ancient stipend which Mr. Forbes lately, or any other before him hath received. And further we are to let you know, that it is His Majesties express Command, that both you, the Deputy, and all and every other Merchant, that is, or shall be residing in those parts beyond the Seas, do conform themselves to the Doctrine and Discipline settled in the Church of England: And that they frequent the Common-Prayers with all religious duty and reverence at all times required, as well as they do Sermons: And that out of your Company, you do yearly about Easter, as the Canons prescribe, name two Church-Wardens and two Sides-men, which may look to the Orders of the Church, and give an account according to their Office. And Mr. Beaumont himself is hereby to take notice that His Majesties express Pleasure and Command to him is, that he do punctually keep and observe all the Orders of the Church of England, as they are prescribed in the Canons and the Rubricks of the Liturgy. And that if any of your Company shall shew themselves refractory to this Ordinance of His Majesty (which we hope will not be,) he is to certifie the name of any such Offender, and his Offence to the Lord Bishop of London for the time being, who is to take Order and give Remedy accordingly. And these Letters you are to register and keep by you, that they which come after may understand what care His Majesty hath taken, for the well-ordering of your Company in Church-affairs. And you are likewise to deliver a Copy of these Letters to Mr. Beaumont, and to every successor of his respectively, that he and they may know, what His Majesty expects from them, and be the more inexcusable if they disobey. Thus not doubting, but that you will shew your selves very respectful of these His Majesties Commands, we leave you to the Grace of God, and rest,
- The Arch-Bishop of Canterbury.
- Lord Keeper.
- The Arch-Bishop of York.
- Lord Privy-Seal.
- Lord High-Chamberlain.
- Lord Chamberlain.
- Earl of Bridgewater.
- Lord Cottington.
- Lord Newburgh.
- Mr. Treasurer.
- Mr. Comptroler.
- Mr. Secretary Cook.
This day the Board did take into Consideration, the Complaints made from several parts of the Kingdom, concerning the stop and refusal of Farthing-Tokens, proceeding as well from the abuse in counterseiting the same, as in causing the same to pass, as well in payments as for Commodities, and for Wages to Workmen and Labourers, in greater Quantities than was intended.
And whereas upon a Decree lately made in the High-Court of Star-Chamber, the 25th day of April last, wherein Sir Francis Crane Knight, was Plaintiff against William Hawks and others, for making and venting counterfeit Farthing-Tokens, their Lordships did call to mind, that there was consideration likewise had, and provision made by the said Decree against the abuse in forcing the same upon Men for Wages and in other payments, and directing the right use to be made of them for the good and benefit of the Subject, according to His Majesties Royal Intention, and the Proclamations published in that behalf:
It was therefore by the Board thought fit and Ordered, that so much of the said Decree as concerned the regulating of the business de futuro, should be set down in this Order, and together with the same, be forthwith Printed and Published, which part of the said Decree doth accordingly follow in these words.
The Court being informed, that by the abuse of some particular persons, whose only aim is to make a private gain and profit to themselves, His Majesties people are much abused in many parts of this Kingdom, and poor Labourers, whose necessities are such, as enforceth them to take their hire in any money, are compelled many times to take their whole weeks Wages in Farthings, from such as buy great quantities at low rates, and make a Commodity thereby: Which abuse, as it is already become a great burden and grievance to His Majesties people in many parts of the Realm, so it is to be feared it will hereafter turn to the great disadvantage of His Majesties Patentees, if it be not remedied by a timely Reformation. Their Lordships being willing to prevent and meet with such growing evils, and desirous to remove the inconveniencies of forcing His Majesties Subjects to take such great quantities of Farthings in Payments; which Farthing-Tokens rightly used, are of themselves very useful and necessary, and were made chiefly for the relief of the Poor, and to be vented and used only for exchange in small Sums, but not to be put upon any in great Payments, have thought fit and Ordered, and it is by this their Lordships Sentence declared, That it is utterly unlawful, and expresly contrary to the true meaning of His Majesties Letters Patents and Proclamation, that any such Farthing-Tokens should be inforced upon any poor Labourers or Workmen, or other persons in any Payments, either of greater or lesser Sums.
And they declare further, That they think it fit that no person should pay above Two-pence in Farthings to any other person at any time. And this Court doth also declare it to be unlawful, for any Man to buy or barter for any Farthings, at or for lesser rate than they are usually vented by His Majesties Patentees, to whom the sole making thereof is granted, and upon whom the re-change thereof lyeth at the same rate: And if any person shall be found herein to offend in either of these kinds, this Court is resolved severely to punish the Offenders. And the Court doth withal hold fit, and desire that His Majesty should be moved, to declare and command the same, by His Highness's Proclamation, to be published throughout this Kingdom, that so the true use of those Farthing-Tokens, intended for the good of the Poor, may be continued, and the abuses aforesaid may either be prevented, or punished.
Attorn' Regis Noy vers' Overman & al' Soap-boilers; Using Fish-Oyl in Soap-making; Not suffering the Assay-Master to try or mark their Soap; Unlawful Meetings to set Price on their Commodities; Disabled to use their Tra.
The Defendants being Soap-boilers of the City of London, did, contrary to His Majesties Proclamation, use divers great quanties of Fish-Oyl in making their Soap, and some of them also used Spyke-Oyl in the making thereof, to qualifie the scent of the Fish-Oyl; His Majesty, by that Proclamation, having prohibited the use of any other Oyl, than Olive and Rape-Oyl to make Soap withal, so as it might be sweet, and more serviceable. And the Defendants, Griffin, Cope, and Revel, in further contempt of His Majesties said Proclamation, and in contempt and opposition to His Majesties Letters Patents, granted to the new Corporation of Soapers of Westminster, and by the instigation and encouragement of the Defendant, Whitwell refused to suffer the Assay-Master for Soap to try, or mark their Soap, although His Majesty, by his said Proclamation, commanded the doing thereof, and that none should be sold until it were marked and tryed; and albeit the Defendants were no Corporation, Body, or Fellowship by any lawful Authority, yet the Defendant Overman, Baker, and Troughton, with others, did at several times, and at several Taverns in London, assemble themselves together, to confer about the Sale of their Soap, and buying of Fish-Oyl of the Greenland-Company, and did there conclude and agree, not to sell their second best Soap under 54s. the Barrel, and did after fell it at greater Rates, and did buy 600 Tun of Fifth-Oyl not long after to use in making their Soap; and for these Offences they were all committed to the Fleet, during His Majesties Pleasure: Griffin fined 1500l. Overman the elder, and Whitewell 1000l. a-piece: Baker, Troughton, Cope and Revll 1000 Marks a-piece: Hardwick, Overman Jun', Barefoot, Hayes, Hynde, Washer, Barber, Weeden and Moncke 500l. a-piece, and all of them disabled by themselves, or their Work-men, Servants, Agents, or any other, to use or exercise their Trade of Soap-boiling at any time hereafter.
There happened this Term a sudden Remove in the Court of Common-Pleas: Sir Robert Heath who was Lord Chief-Justice of the Common-Pleas was removed, and Sir Jo. Finch was sworn Lord Chief-Justice of that Court. Great were the Discourses what the occasion should be of that sudden Advancement. But Four days after the Writ for Ship-money coming forth, it was conceived, by common Discourse, that he was to be instrumental to advance that business.
The Lord Keeper's Speech to Sir John Finch, at the time he was to be made Chief-Justice of Common-Pleas, the 16th of October 1634.
Mr. Serjeant Finch,
'The King's Majesty calling to mind your many Services to Himself, and the Queen, and knowing well your great Learning, accompanied with much Dexterity in the accomplishing of Business of weight, hath appointed you to succeed in the Place vacant in this Court, and here to sit as Chief-Justice. In this you see a manifest Argument of singular Goodness of the King and Queen, so mindful of their Servants, imitating God above, that rewardeth not secundum, sed supra Bona Opera. Now as many heretofore, so you in your due time have cause to acknowledge with David, that your Cup doth overflow. As this is a great comfort to see your Endeavours not only favoured with Acceptance, but Crowned with Reward; so it will instruct you, (your Service having brought you Promotion) and put you in mind of your Service, that the Gifts of Princes, though they are sine aliquo reddendo, yet they are not to be reckoned so by them that have them; but as Fruits sown in Fruitful Ground to them that receive them: and of this nature is your Place, which your Master gives you to serve him in; and yet you must serve him so, as you may be fruitful to His People. I remember in Rotulo Parliamenti 20 Ed. 1. in a great Cause between Humphry de Bohun, and Gilbert de Clare; It was said of that King, he was as great a Lawgiver, as a Victorious Prince, and therefore styled the Justinian of England, Rex omnibus Justitiœ Debitor. The King, Our Master, as much as any, makes the same acknowledgment in Practice: never any King, I may say, never any Man of juster, or more upright Heart, that equal Justice should be ministred to His Subjects; for he knows well, that Rex & Subditus are Correlatives, even as Man and Wife; and the Emblem of King not wanting betwixt them. As the Subject owes Obedience, so the King Protection and Justice. This Debt is Debitum Justitiœ, too great and heavy a Burthen to be borne by a King, compounded only of Mortal Flesh, were it not that His Councel were as Religious and Just, as he is Wife and Politick; and thereby the Load of the King's Busines is lightned, by laying a part of the great and insupportable Burthen upon the Judges: For His Debitum Justitiœ, which is the Debt of a King primarily, by a Secondary Means becomes the Debt of Judges, and under as great Bonds as may be; Greater there cannot be to bind the Consciences of Men. The first Bond is Debitum Patriœ, due to all the King's People, whose Causes and Places are the proper Subjects of this Tribunal, and whose flourishing Estate depends much upon the Just Proceedings of this Court. Were there no other Motive, yet this that prevails among the Heathen, Amor Patriœ, were strong enough to make Judges desirous of this Duty. The second is Debitum Regi; for he trusts them with his Richest Treasure, that which is dearer than the Apple of His Eye. His Justice is one Prime-part of His Oath at His Coronation, Facies fieri in omnibus Justitiam Æquam & Rectam: And what you are to give the King for this, you shall need to go no farther than your Oath, the neglect of which puts you to the Will of the King, for Body, Lands and Goods. The third the greatest of all, Debitum Deo, as he is the Fountain of all Justice, and a fearful avenger of them that do the contrary. And three ways I shall mind you how this is a Debt to God. First, Ratione Juramenti, by reason of your Oath, for the immediate relation it hath to God; that it is Religio Jurisjurandi, and therefore, under this Oath, you are bound to God in a full discharge. Secondly, Ratione Loci, for the Seat of Judges; God sits whereon you sit; and you may assure your self, that he that sets you there, will take strict account of you. Thirdly, Ratione Judicii: The Judgment it self is Gods, if you be upright, as you ought. It is said in the 82d Psalm, God stands in the Congregation of Princes, is the Judge among Gods; and so when you sit here, you must think God is in your Face to give Judgment as it is right, or otherwise to punish; and therefore when you shall fit your self on your Cushion, either here, or in any other place, you have cause to say, as Jacob did when he had slept in Bethel, How dreadful is this Place! This is the House of God. This is the general. I fear I have spent too much time; I will make amends in the Particulars: Somewhat for Order. Communia Placita, the Pleas of the People; as they are numberless, so necessarily must their Pleas and Causes be, therefore they are all Civil, whether for Lands, Goods real, personal, or mixt: they are the proper Object of this Court. First therefore, you must use diligence in attending and dispatching the multitude of business in this Court. Common Industry may discharge Common Employment; but this is Superlative and Transcendent, and therefore your diligence must be extraordinary. Secondly, you must use great Patience in Matters brought before you: I must confess, that a multitude of Business and a Good-will to dispatch, will as soon try one's Patience as any thing; yet whatsoever Tryal you are put to, be not from your Tryal. Nothing better becomes a Judge than Patience. Thirdly, you must use great caution in discerning those things brought before you; for those that have ill Causes will omit no endeavour to beguile you: therefore you must keep Watch and Ward, and try every thing, that no Counterfeit come to be put upon you. Then, in the fourth place, it is necessary to use all expedition. Nulli deferemus is coupled with Nulli negabimus, Nullo vendemus Justitiam: all three naught, and none can tell which is the worst. In the first place, I shall advise and wish you, in all your Judgments, to insist upon the ancient ways of your Common Law. New Opinions are many times in a Councellor retain'd, to defend a Side; but they stand not with the Gravity of a Judge. To invent or find out any thing is commendable in a Councellor, but let a Judge stand super antiquas vias; for Lex Loci, & Consuetudo Angliœ is all in all. One Particular more, which (I think) conduceth much to Justice, is, to give all encouragement to the good and expert Clerks of this Court. It hath ever been the great Commendation and Honour of this Court to be furnished with the best Clerks. These encourage others, inform, and reduce to the same purity of Pleading, which (as Mr. Littleton saith) is one of the most Honourable things in the Law. And if a Man observe what a multitude of just Causes are overthrown by vitious Entries, and Pleadings, he will have just Cause to believe it. I know to whom I speak. Your great Understanding and Judgment, and that Integrity in you, need not that I should say half this: and yet, considering what Order is, and the Duty of my Place, and affection to your Person, I could do no less. I shall shut up all in Two Memento's. The one, That the Justices of this Court are styled by the Name of Justitiarij without Addition, and the Process likewise coram Justitiariis without Addition. Addition, for the most part, diminishes. It is an Honour, and somewhat more, that it hath been attributed more to this Court than to any other. Think on it, and let it be an occasion for you to think what it is, and to follow it. The next Memento is, to remember the Catalogue of your Predecessors: for I may be bold to say, as many and Reverend Men have been upon the Cushion in this Court, as ever fat on any; especially the remembrance of the best is the best Instruction and Lesson to your self. Out of my true and hearty affection to you, I wish you may often think of them; and so think of their Ways, that your Ways may exceed, and out-run the best.
'Great Joy brings forth no less, and breeds no less perturbation in their thoughts that enjoy it. How it must then be with me, at this present; I leave to your Lordship to judge. To my self, I must confess, I appear like one for a long time shut up in a dark Room, upon whom a great Light, on a sudden, hath broken in. I muse at the consideration of my own weak acknowledgment of the King's Goodness shining upon me at this time. Ignotus moritur sibi, is a sad finishing of a Man's own Course. I must crave your Lordship's Patience; and if I live, shew you how unwilling I am to live the one, or die the other. I have now spent (I would I could say not misspent) Thirty-four Years in relation and practice of the Common-Law; Relation I call it, for the first Six Years bestowed by me in the Books of Law, by some unhappy means I was diverted, and my Resolution fitted to another way for Forreign Employment, to which, after Nine or Ten Years, I was design'd: and at that time, the Great Seal being put into the Hands of that High-Treasurer of all Learning and Eloquence, the Lord of St. Albans, (pardon my good Lord, if my never-forgotten Favours desire to revive him, whose faults let them be buried with him in the Grave; I remember his Vertues) by him was I invited to the Practice of the Common-Law. His Fall, and other Misfortunes to your Lordship not unknown, drew me from my Study: But afterwards, resolutely turning my Hand to the Plough again, it pleased God to send your Lordship that Place, which now you hold, (which God continue) and my Prayer shall ever be from the bottom of my Heart, that I may never see it in another Hand: and when Atalanta-like I stooped at the Ball of Profit, neglecting the Goal of Honour, spending my time more in the Service of the Subject, than my own Good; He, in whose Hands the Hearts of Kings are, hath bowed the Heart of my Gracious Sovereign and Master to me; and I learn to think that is best which he doth, and so submit my self to His Pleasure. This hath bred in me several Meditations, some of Comfort and Consolation. Here sit by your Lordship Three Grave and Learned Judges well-versed in the ways of this Grave Court; and I am as confident of their particular Affection to me, as certain of my own to them; two of the same Society where I was bred, my Ancient Acquaintance; and from the third I ever had a respective Carriage. I shall think it no disparagement to see with their Eyes, to hear with their Ears, and to speak with their Tongues, till my own Observation, and what I shall hear by them, may make me more substantial. In the Gospel of Christ His Coat is said to be without Seam; and in the Psalms, that the Queen's Vesture was of divers Colours: upon which one of the Fathers makes this Observation, In Veste varietas, Scissura nulla. Sometimes we may differ in opinion; but our Hearts shall be like our Robes. My chiefest Comfort is in the confidence of your Lordship's Noble Favour, whom I shall ever set as a Mirror before my Eyes. I count it happy, that I shall attend your Lordship in a Court whereby I may learn, and you see my Endeavours to follow your Precepts and Example, which hath ever been accompanied with all Vertues: The assurance of the King's Majesties Favour is Happiness, as fit for my Wonder, as for my Words. At His first Access to the Crown, He was pleased, upon some small occasion, to cast a Princely Eye upon me; after He made me of His Learned Council, and then commended me to the Service of my ever most Gracious and Excellent Mistress; and still doubled His Favours in continuing me in His own Service. Afterward He pricked me out to the Parliament to serve Him and the Commonwealth; and though my own disability made me seek to decline it, Himself gave me means to support it, (a thing before not known) and found out a way to add some more value to me, by ranking me above others before me in Place and Merit. These, and more Favours innumerable have comforted me; that nothing but my own demerits can lessen His Grace to me. I begin to think of what Demosthenes said to the People of Athens, when they chose their Officers.
'To take up Thoughts and Cogitations fit for the Greatness and Dignity of this Place; and in that I cannot but remember those Judges which Jethro commended to Moses, (whom your Lordships remember) Men Timentes Deum, & qui oderunt avaritiam His Majesties Love shall make me hate all base and sordid Thoughts, and stir up in me all Zeal to His Service. For uprightness between Man and Man, I shall need no other Argument but the Justness of His Royalty, who likes best of those Servants that best distribute His Justice to His People; for the rest, Levavi oculos meos in montem, unde venit auxilium; God's Grace give me assistance, as he did to the poor Fishermen. I shall account it your Lordships great Favour to make my humble Recognitions and Resolutions, with the best advantage of your Lordships Expression, known to the King's Majesty.
Carolus Rex, &c.
To the Mayor, Commonalty, and Citizens of Our City of London, and to the Sheriffs of the same City, and good Men in the said City, and in the Liberties, and Members of the same, Greeting. Because We are given to understand, That certain Thieves, Pirates, and Robbers of the Sea, as well Turks, Enemies of the Christian Name, as others, being gathered together, wickedly taking by force, and spoiling the Ships, and Goods, and Merchandizes, not only of Our Subjects, but also of the Subjects of Our Friends in the Sea, which hath been accustomed anciently to be defended by the English Nation; and the same, at their pleasure, have carried away, delivering the Men in the same into miserable Captivity: And forasmuch as We see them daily preparing all manner of Shipping, farther to molest Our Merchants, and to grieve the Kingdom, unless remedy be not sooner applied, and their Endeavours be not more manly met withal; also the dangers considered, which, on every side, in these times of War do hangover Our Heads, that it behoveth Vs, and Our Subjects, to hasten the Defence of the Sea and Kingdom with all expedition or speed that We can; We willing by the help of God chiefly to provide for the defence of the Kingdom, safeguard of the Sea, security of Our Subjects, safe Conduct of Ships and Merchandizes to Our Kingdom of England coming, and from the same Kingdom to forreign Parts passing; forasomuch as We, and Our Progenitors, Kings of England, have been always heretofore Masters of the afore said Sea, and it would be very irksome unto Vs, if that Princely Honour in Our times should be lost, or in any thing diminished. And although that Charge of defence, which concerneth all Men, ought to be supported by all, as by the Laws and Customs of the Kingdom of England hath been accustomed to be done: Notwithstanding We confidering, that you Constituted in the Sea-Coasts, to whom by Sea as well great dangers are imminent, and who by the same do get more plentiful Gains for the defence of the Sea, and Conservation of Our Princely Honour in that behalf, according to the Duty of your Allegiance against such Attempts, are chiefly bound to set to your helping hand; We command firmly, enjoyning you the aforesaid Mayor, Commonalty and Citizens, and Sheriffs of the said City, and the good Men in the same City, and in the Liberties, and Members of the same, in the Faith and Allegiance wherein ye are bound unto Vs, and as ye do love Vs, and Our Honour, and under the forfeiture of all which ye can forfeit to Vs, That ye cause to be prepared and brought to the Port of Portsmouth, before the first Day of March now next ensuing, one Ship of War of the Burthen of Nine Hundred Tuns, with Three Hundred and Fifty Men at the least, as well expert Masters, as very able and skilful Mariners; One other Ship of War of the Burthen of Eight Hundred Tuns, with Two Hundred and Sixty Men at the least, as well skilful Masters, as very able and expert Mariners: Four other Ships of War, every of them of the Burthen of Five Hundred Tuns, and every of them with Two Hundred Men at the least, as well expert Masters, as very able and skilful Mariners: And one other Ship of War, of the Burthen of Three Hundred Tuns, with a Hundred and Fifty Men, as well expert Masters, as very able and skilful Mariners: And also every of the said Ships with Ordnance, as well greater as lesser, Gun-powder, and Spears and Weapons, and other necessary Arms sufficient for War, and with double Tackling, and with Victuals, until the said first of March, competent for so many Men; and from that time, for Twenty-six weeks, at your Charges, as well in Victuals as Mens Wages, and other things necessary for War, during that time, upon defence of the Sea in Our Service, in Command of the Admiral of the Sea, to whom We shall commit the Custody of the Sea, before the aforesaid first Day of March, and as he, on Our behalf, shall command them to continue; so that they may be there the same day, at the farthest, to go from thence with Our Ships, and the Ships of other faithful Subjects, for the safeguard of the Sea, and defence of you and yours, and repulse and vanquishing of whomsoever busying themselves to molest or trouble upon the Sea Our Merchants, and other Subjects, and Faithful People coming into Our Dominions for cause of Merchandize, or from thence returning to their own Countries. Also We have assigned you, the aforesaid Mayor and Aldermen of the City aforesaid, or any thirteen, or more of you, within thirty days after the receit of this Writ; to Assess all men in the said City, and in the Liberties, and Members of the same, and the Landholders in the same, not having a Ship, or any part of the aforesaid Ships, nor serving in the same, to contribute to the expences, about the necessary provision of the premises; and to Assess and lay upon the aforesaid City, with the Liberties and Members thereof, viz. upon every of them according to their Estate and Substances, and the portion Assessed upon them; and to nominate and appoint Collectors in this behalf. Also we have Assigned you, the aforesaid Major, and also the Sheriffs of the City aforesaid, to levy the Portions so as aforesaid Assessed upon the aforesaid men and Landholders, and every of them in the aforesaid City, with the Liberties and Members of the same, by distrestand other due means; and to commit to Prison all those, whom you shall find Rebellious and contrary in the premises, there to remain until We shall give further Order for their delivery. And moreover We Command you, that about the Premises ye diligently attend, and do, and execute those things with effect, upon peril that shall fall thereon: but We will not, that under colour of Our aforesaid Command, more should be levied of the said men, than shall suffice for the necessary expences of the Premises; or that any who have levied mony for Contribution, to raise the aforesaid Charges, should by him detain the same, or any part thereof; or should presume, by any manner of Colour, to appropriate the same to other uses; Willing, that if more than may be sufficient shall be Collected, the same may be paid out among the Contributers, for the rate of the part to them belonging.
Instructions and Directions from the Lords of the Council, for the Assessing and Levying of the Ship-mony against this next Spring.
After our hearty Commendations; Whereas His Majesty hath sent His Writ to you the High-Sheriff of the County of Middlesex, and to the High-Sheriff of the County of Hartford; and to the Majorsand other Head-Officers of Corporate Towns within the said Counties, to provide one Ship of two hundred and fifty Tuns beside Tunnage, to be furnished with Men, Tackle, Munition, Victuals, &c, and other necessaries: to be set forth for the safeguard of the Seas, and defence of the Realm, at the charge of the said Counties, and Corporate-Towns in the same.
We are by His Majesties directions and express Commandment, to let you know, that he hath upon most important and weighty Reasons concerning not only His Majesties own Honour and the ancient Renown of this Nation, but the safety of your selves, and all His Subjects in these troublesom and War-like times, sent out the aforesaid Writ unto you, and the like into all the Counties, Cities and Towns throughout the whole Kingdom; that as all are concerned in the mutual defence of one another, so that all might put to their helping hands, for the making of such Preparations, as (by the blessing of God) may secure this Realm, against those dangers and extremities which have distressed other Nations, and are the common effects of War, whensoever it taketh a People unprepared and therefore as His Majesty doubteth not of the readiness of all His Subjects to contribute hereunto with cheerfulness and alacrity; so he doth especially require your care and diligence in the ordering of this business, so much concerning His Majesty, and all His People, that no meanalty nor other miscarriage may either deter or disgrace the Service, which in it self is so just, honourable and necessary: for which cause we have, by His Majesties like directions sent you, together with the said Writs, these ensuing Advices and Instructions, for your better proceeding: which upon the receit hereof, you the Sheriff of the County of Middlesex are presently to communicate with the Head-Officers of the Corporate-Towns in that County.
First, That you meet with the Sheriff and Head-Officers in the Writ mentioned, and that you make Assessments how much each of the said particular Counties should pay towards the setting forth of the said Ship according to the tenor of the said Writ. And because divers of you may not be acquainted with the charges of such Maritime preparations, and the mistaking thereof might hinder the Service, we have thought good to let you know, that upon a just and due valuation, we find, that the Charge of a Ship furnished will be 3300l. whereof we think fit, that the County of Middlesex bear 1800l. and the County of Hartford 1500l.
Secondly, When you have setled the General Assessments, we think fit that you subdivide the same, and make particular Assessments, in such sort as other common Payments upon the County and Corporate-Towns aforesaid, are most usually subdivided and assessed; and namely, that you the Sheriff divide the whole Charge laid upon the County into Hundreds, Lathes, and other divisions, and those into Parishes and Towns; and the Towns and Parishes must be rated by the Houses and Lands lying within each Parish and Town, as is accustomed in other Common Payments, which fall out to be payable by the County, Hundreds, Lathes, Divisions, Parishes and Towns. And whereas His Majesty takes notice, that in former Assessments, notwithstanding the express orders given in Our Letters to ease the Poor, that have been Assessed towards this service, poor Cottages and others, who having nothing to live on, but their daily work; which is not only a very uncharitable Act in it self, and grievous to such People, but can admit no better instructions, than that it was done out of an adverse humour, of purpose to raise clamour, and prejudice the Service.
Not to Assess poor Cottages, except means in Mony or Goods, to live over and above their labours; If Taxed, then to alter it; Persons of ability by reason of gainful Trades, &c. occupying of no Land, to be rated by their abilities; No man to be set by usual Tax of his House, at a greater sum than men of great abilities.
Wherefore His Majesties express Command is, that you take effectual care, and order by such Precepts and Warrants as you issue for this Service; that no Persons be Assessed unto the same, unless they be known to have estates in Mony, or Goods, or other means to live by, over and above their daily Labour: and where you find such Persons to be taxed, you are to take off what shall be set upon them, and lay it upon those that are better able to bear it. And that you may the better spare such poor people, it is His Majesties pleasure, that where there shall happen to be any man of ability, by reason of gainful Trades, great Stocks of Mony, or other usual Estates, who per-chance have, or occupie little or no Land, and consequently in an ordinary Landscot would pay nothing, or very little; such men be rated and assessed according to their worth and ability: and that the monys which shall be levied upon such, may be applied, not only to the sparing and freeing of the such poor people as aforesaid, but also to the easing of such, as being either weak of Estate, or charged with many Children, or great Debts, are unable to bear such great charge, as their Lands in their occupation might require, in an usual and ordinary proportion; and the like cause to be held by the Head-Officers in the Corporate-Towns, that a poor man be not fet in respect of the usual Tax of his House, or the like, at a greater sum than others of much more wealth and ability; and herein you are to have a more than an ordinary care and regard, whereby to prevent complaints of inequality in the Assessments, whereby we were much troubled the last year.
To proceed according to payments agreeable, and most equal to the Inhabitants of the County; To assign the Assessment if approved of, otherwise to alter and keep a Copy.; The Writ to be executed upon such as refuse, causing distresses to be taken and sold for their Assessment, and their charges &c.
Thirdly, To the end this may be effected with more equality and expedition, you the Sheriff are to govern your selfin the Assessment for His Service, by such publick payments, as are most equal and agreeable to the Inhabitants of that County; and for your more easie and better proceeding herein, after you have accordingly rated, the several Hundreds, Lathes and Divisions of that County, you may set forth your Warrants to the Constables, requiring them to call unto them, some of the most discreet and sufficient men of every Parish, Town or Tything, and to consider with them how the sum charged upon each Hundred, may be distributed and divided as aforesaid, and with most equality and indifferency; and to return the same in Writing, under their hands, with all possible expedition: which being done, you are to sign the Assessment set on the several Persons of every particular Parish, Town or Tything, if you approve thereof; and if for inequality you find cause to alter the same in any part, yet after it is so altered, you are to sign the same, and keeping the true Copy thereof, you may thereupon give order, for the speedy Collection and Levying of such sums accordingly, by Constables of Hundreds, petty-Constables and others, usually applied for Collections of other Common Charges and Payments; and when any shall be by them returned to you, either to have refused or neglected to make payment, you are without delay to execute the Writ upon them, causing Distresses to be taken of them, to be sold for the payment of the Assessment, and the just charges thereupon arising, and the overplus of the Distresses to be rendred back. And you the Head-Officers of the Corporate-Towns aforesaid, observing your usual distribution by Wards, Parishes or otherwise, as is accustomed among you, for your common payments, are to do the like by your self and your several Ministers under you respectively, as is before appointed to be done by the Sheriff, so far forth as may be agreeable to the course and state of your Town or Corporation in the said several Assessments of each Parish; as well you the Sheriff, as you the Head-Officer of the said Towns, are to cause to be particularly expressed, how much every Clergy-man is rated for his meer Ecclesiastical Possessions, and what for his Temporal and Personal Estate; and to send to this Board under your hands within a month after the Assessment made, and returned to you, and signed by you, an exact and true Certificate, as well what is set upon every Parish in general, as particularly upon every Clergy-man, in each of them as aforesaid.
Fourthly, Concerning the Assessment of the Clergy: Albeit His Majesty is resolved to maintain all their due Priviledges which they have enjoyed, in the time of his Royal Progenitors; yet being it hath not been hitherto made sufficiently appear to His Majesty or this Board, what Priviledges have been allowed to them in former times, touching Payments and Services of this nature; His Majesty is pleased, that for the present you proceed to tax and assess them for this service; and to receive and levy their Assessments, as you are Authorised to do of the rest of His Majesties Subjects; but with this care and caution, that you and your Ministers fail not to bear due respect both to their Person and Calling, not suffering any inequalities, or pressures to be put upon them. And as His Majesty is resolved that such your Assessments and Proceedings shall not be prejudicial in the future to them, or any of their Rights or Priviledges which upon future search shall be done unto them: so His Majesties pleasure is, that where any Clergy-man shall find himself justly grieved; upon complaint made to the Diocesan, under whom he is, or to his Chancellor, or to such other Person as the Diocesan shall appoint; you with some of them shall hear the same complaint, and (if there be cause) relieve the Party complaining according to equity; but if the Complaint shall be altogether frivolous and causless, then the Diocesan is to punish the Complainant.
Fifthly, If any Constables, Bayliffs, or other Officers, refuse or neglect to do their duties in obeying your Warrants, either for Assessing, Collecting, or Levying, or for doing any other thing incident or necessary for this service, you are to bind them over to answer such their faults, and neglect of the Board; and if any of them refuse to enter into such Bond, then you are to commit them till they shall enter into such Bond accordingly, or perform their Duties according to your Warrants. That you are to take special care in the mean time, that notwithstanding their refusal or refractoriness, the Assessing, Collecting and Levying of the mony for the said Service, do proceed by your self, and such others as you shall appoint, and find more ready to do the same, the doing of the Service being by His Majesties Writ committed to your self. And therefore howsoever for your ease and better dispatch of the Business we like well, that you require the Assistance of the Constables, or ordinary Officers; yet in case any of them do not their duties, you are to do yours, and by your self, and such Instruments as you like best and shall choose, to see the business effected.
Sixthly, I you findor understand, of any Persons that are refractory, or do unnecessarily delay payment of what shall be assessed upon them for the said Service, whereof you must frequently and often call for an account from the Constables, Officers and others interested under you; you are presently without any delay, partiality or respect of Persons, to proceed roundly with them, of what quality or condition soever they are, according to His Majesties Writ, and not to defer medling with them to the last, or until others have paid (as was done by some Sheriffs in former years,) whereby all the trouble and burthen was cast upon the end of the year, and those that were refractory gained time above those that were well-affected to the said Service.
Lastly, And for all other matters, not particularly mentioned in the Instructions, you must upon all occurrences govern your self according to the Writ to you directed, and as may best accomplish the Service committed to your trust; wherein you are to use all possible diligence to effect the same with speed, that the mony for this Service may be so truly paid in, as that Provision may be seasonably bought and provided to furnish, and to set forth the Fleet, at the day expressed in His Majesties Writ. For assure your self, that whatsoever you shall leave unlevied during your Shrievalty, will not be cast upon your Successor, as in former years some Sheriffs expected, and therefore retarded the service; His Majesty being resolved not to put upon the Successor the burthen of his Predecessors neglect; but that all such sums that shall be left unlevied by your self after the end of the year, shall be levied upon you by Warrant from your Successor, or such other Warrant as shall be thought most behoveful. And as for the money which shall be Levied and Collected for this service, you are from time to time to pay the same at London, to the Treasurer of the Navy for the time being, who hath Power and Warrant under the Great Seal, to receive the same from you and your Agent, and to give Acquittances and Discharges for what he receives for the said Service. And you are in like manner, from time to time, to call the Head-Officers to the Corporate-Towns, within your County, to Assess and Levy what is respectively set upon the same; and to require him either to send the sum to London, to his said Treasurer of the Navy, or to pay it to you in convenient time, to be sent up with what you are to pay in. And as you shall herein perform your duty with diligence, you may be assured to receive both favour and thanks from His Majesty, and so we bid you farewell.
- William Canterbury.
- Thomas Coventry Custos.
- Guil. London.
- Henry Manchester.
- J. Lenox.
- Arundel and Surrey.
- Pembrock and Mountgomery.
- Edward Dorset.
- Edward Newburgh.
- Francis Cottington.
- Henry Vane.
- Thomas Germin.
- John Cook.
- Francis Windebanck.
The Writ for Ship-mony being sent to the Lord Major of London, Sir Robert Parckhurst being then Lord Major, it was communicated to the Common-Council in Guild Hall, as appears by the ensuing Act of Common-Council: whereupon a Petition was drawn up by the Committee of Aldermen and Common-Council men for that purpose appointed.
Commune Concilium tent' in Camera Guilhald' Civitat' Lond' secundo die Decembris Ann. Dom. 1634. Annoq; Regni Domini nostri Caroli, nunc Regis Angliœ, &c. Decimo, coram Roberto Parkhurst Majore Civitat' Lond', Roberto Mason Armigero Recordatore Lond', Hugone Hamersley Milite, Richardo Dean Milite, Jacobo Cambell Milite, Georgio Whitmore Milite, Nicolao Rainton Milite, & Aldr'o, Christofero Clethero, Edwardo Bromfeild & Ricardo Fenn Aldr'is, Mauricio Abbot Milite & Aldr'o, Henrico Garway & Humfredo Smith Aldr'is, Willielmo Acton Milite, & Baronetto ac Aldr'o, Anthonio Abdy, Roberto Cambell, Henrico Prat & Henrico Andrews Aldr'is, Johanne Highlord Aldr'o & Johanne Cordell ejusdem Civitat' vicecom', ac majore parte Consiliariorum de Communi Concilio ejusdem Civitat' assemblat', ubi tunc & ibidem enactitat' fuit prout sequitur, viz.
This day was read to this Court His Majesties Writ, directed to the Major, Commonalty and Citizens of this City, and to the Sheriffs of the same, for, and touching the providing of seven Ships of War, furnished with Men, Victual, and all warlike Provisions, for the defence of the Seas and other occasions in the said Writ contained; the tenor whereof ensueth in these Words following viz. Carolus Dei Gratia, &c. Whereupon this Court, after due and ferious consideration taken of the premises, conceiving that by their ancient Liberties, Charters, and Acts of Parliament, they ought to be freed and discharged of those things, which by the said Writ are required by them to be done, doth Order and Agree, That the draught of a Petition touching the said Business this day read to this Court, shall be Engrossed, and with all dutiful respect for, and on this Cities behalf, humbly presented to the Kings most excellent Majesty.
It is likewise Ordered and Agreed upon by this Court, That (for the more full satisfaction of the Kings Most Excellent Majesty, whom God long preserve to Reign over us) the words (so far as in them lieth) which are inserted in an Act of Common-Council, made the nineteenth day of November last past, upon a submission made by this Court to His Majesties most gracious Judgement and Award, touching the difference between the Parsons and Vicars, and the Parishioners of the several Parishes of this City, shall be expunged and put out; and the same Act of Submission certified to His Majesty under the Seal of the Majoralty without those words, And that this shall be a sufficient warrant for the Clerk for the doing thereof.
Item, It is Ordered and Agreed upon by this Court, that Sir Hugh Hamersley and Sir James Cambell Knights and Aldermen, Mr. Recorder, Mr. Alderman Cletherowe, Mr. Alderman Bromfeild, Mr. Alderman Garway, Mr. Alderman Smith and Mr. Alderman Abdy, or any four of them, together with John Wollaston Goldsmith, John Gair Fishmonger, and divers others, or any thirteen of them, shall meet together, and take due consideration of the particular objections and matters complained of by the Parsons and Vicars of London, in their Petition exhibited to the Kings Most Excellent Majesty against the Parishioners of the several Parishes of this City, touching Tythes; and the said Committees not only to conceive of fitting Answers to the same, but to consider of what matters and requests shall be thought fit to be humbly made and presented by this City, to the Kings Most Excellent Majesty touching the said Business; and to frame the same with advice of Mr. Recorder, and such learned Councel, as they shall call; and being framed, to present the same unto His Majesties Royal Consideration; and Edward Renniock and Lewis Bromley to warn the said Committees to meet together, and to attend on them.
That where Your Majesty by Writ, bearing teste 20 Octobris last, Commanded Your Petitioners, at their Charge, to provide seven Ships of War, furnished with Men, Victual, and all Warlike provisions, to be at Portsmouth by the first of March next, and to continue from thence by the space of twenty six Weeks in Your Majesties Service, upon the defence of the Seas and other causes in said Writ contained:
Your Petitioners do in all submissive humbleness, and with acknowledgement of Your Sacred Majesties many Favours unto Your said City, inform Your Majesty, that they conceive, that by ancient Priviledges, Grants, and Acts of Parliament (which they are ready humbly to shew forth) they are exempt, and are to be freed from that Charge.
And do most humbly Pray,
That Your Majesty will be graciously pleased, that the Petitioners, with Your Princely Grace and Favour, may enjoy the said Priviledges and Exemptions, and be freed from providing of the said Ships and Provisions.
The Defendant Myn, by colour of his Office of Clark of the Hanaper, demanded and received 4s. 6d. a-piece, for several Patents of the Sheriff of Oxon and Warwick; but half thereof being, at the most, due per Stat. 8 Eliz. which made perpetual 13 Eliz. He also, contrary to an Act of Parliament 23 H. 8. and contrary to a Proviso in a Decree of Chancery, for his increase of Fees, took 2s. 6d. upon several Commissions of Sewers, as due to him, there being only due to him 2d. upon Each. He also took 9l. yearly of the Chaser of Wax for the Great-Seal, after the Rate of Six-pence per Pound, for paying to him out of the Hanaper 360l per Ann', which His Majesty allowed for Wax, no Poundage-mony being due to him in that Case; for it was a Debt due by Contract from His Majesty, and no matter of Bounty. He likewise exacted, and took of Mr. Pulford 75l. for Poundage-mony, for paying forth of the Hanaper 3000l. due from His Majesty to him. He also took 7l. 10s. Poundage-mony, after 6d. the Pound, for paying out of the Hanaper 300l. to the use of Mr. Amstrother His Majesties Ambassador, none being due in that Case; and he also took 10l. of him, which he exacted for Interest, in respect he paid him the Mony sooner than he used to Accompt in the Exchequer. He also demanded of one Mr. Gibbs 50l. for Poundage, after the rate of 6d. per Pound for 2000l. Fine given him by His Majesty, no part thereof being paid into the Hanaper, or to be paid out of the Hanaper; and therefore nothing due to the Defendant for it; yet he kept Mr. Gibbs 's Patent seven years, and would not let him have it, because he refused to pay the Poundage. He also exacted, and took 5s. a-piece for several Patents of Conge de Eslyer and Royal Assent, granted for several Bishops, no Fee at all being due to him for such Patents. He also exacted upon several Patents of Denization 10d. a Name over and above his due Fee; and 14s. 8d. over and above his due Fee for a Patent of Creation of a Baron and Viscount, and 10d. for several Prebends and Deanries, besides his due Fees; and 14d. upon every Name in several Protections-Royal, more than was due. And the Defendant Dawe, by colour of his Office of Deputy to the Defendant Myn, took for several Escheators Patents 12d. a-piece more than the due Fee; and also extorted greater and more Fees than was due, for Drawing and Engrossing Eleemosinary Patents or Protections to Collect Charities for Losses by Fire, &c. And for these several Extortions both the Defendants were committed to the Fleet, Myn Fined 3000l. and Dawe 300l. and Myn suspended from the execution of his Place during His Majesties Pleasure.
The Defendant being possessed of several Farm-houses, whereto was commonly used in Tillage a great store of Land, and several Plows kept and maintained thereupon, took all the said Farms into his own Occupation, and converted all the Lands thereto formerly used in Tillage into Pasture, and depopulated and pulled down Three of the Farm-houses, and suffered the other Two to run to ruine, and to lie uninhabited, although he might have had as great, and greater Rents for them than he had before; and also pull'd down, and suffered to go to decay, and be uninhabited, a Water-Corn-Mill, which before ground store of Corn weekly; and for this he was committed to the Fleet, Fined 4000l. and at the Assizes in Kent to acknowledge his Offence, and the Decree to be then read, 100l. Recompence to the Prosecutor, besides his Costs, and 100l. to the Minister of the Town, 100l. to be distributed to the Poor, and he ordered to repair, and build again within Two years, all the Farm-houses, Out-houses, and Corn-Mill, and make them fit for Habitation and Use, as formerly, and to restore the Lands formerly used to the Farm-houses, and to let them at reasonable Rents as the County will afford.
In November the Prince Elector Palatine died of the Infection of the Plague, having been at Mentz, where it raged, being eight days after the Enemies rendring of his most considerable Towns of Frankendale, into the Hands of the English Ambassadors.
The Defendant, out of malice to the Relator, and in the Dining-Hall of His Majesties Palace of Whitehall, (whither His Majesty and the Queen were then coming to Dancing) shaked his Fist, and bent his Brows at the Relator, (then attending His Majesties coming, being one of His Majesties Gentlemen-Pensioners) laid hands on his Cloak, shaked him, caught him by the Throat, called him base Rascal, base Dunghil-Rogue, swore he would be reveng'd of him, and would cut his Throat, threatned to kick him out of the House, and provoked and challenged him to go out and fight with him the said Defendant; and the Defendant being advised by the Treasurer of His Majesties Houshold, and the Comptroler, to be advised, and consider where he was; and being told, that they wondred he would abuse the Relator, being His Majesties Servant, the Defendant flighted their words, answered them very intemperately, and called the Relator base fellow. And after the Dancing was over, and the King gone out of the Room, the Defendant, in like sort as before, challenged the Relator, and after, in the Courtyard, took him by the Throat, and gave him divers blows; and for this he was committed to the Tower during the Kings Pleasure, Fined 10000l. to acknowledge his Offence, and submit himself to His Majesty, and to Mr. Treasurer, and to Mr. Comptroler, to pay the Relator 1000l. Damage, and make such Recognition to him as the Earl-Marshal should think fit and direct.
The Defendant Allinson, at Ipswich, and other Places, reported falsly and maliciously to the scandal of the Arch-bishop of York, That His Majesty, in his Journey to Scotland, was entertained at the said Arch-bishop's House to His content; and at his going away, wished the said Bishop to ask something wherewith He might gratifie him; and that thereupon his Grace kneeled down, and requested His Majesty, That the Papists might have a Toleration for some Churches to exercise their Religion in, that His Majesty was greatly discontented thereat, and confined the said Arch-bishop to his House. And the Defendant Robins likewise published those scandalous Reports for News at Yarmouth. And for this Offence Allinson was committed to the Fleet, bound to his Good-Behaviour during life, and Fined 1000l. and likewise to be set in the Pillory at Westminster, with a Paper on his Head declaring his Offence, and there to acknowledge his Offence, and be whipt; and after be set in the Pillory at York, Ipswich, and Yarmouth, with the like Paper on his Head, and at each place to make the like acknowledgment as before. And Robins was committed to the Fleet, Fined 1000l. to make an acknowledgment at Yarmouth, and to pay the Arch-bishop 1000 Marks Damages.
The Parsons and Vicars in the City of London, in the Month of May, presented to His Majesty a Petition, Humbly shewing,
That the Benefices in London were a Hundred Years since very great; That the Decree for Tythes, now in force, provides this 9d. to be paid upon every Poundrent without fraud; That notwithstanding the said Decree, (the variation of times considered) they are now very poor and mean, many of them not worth 40l. per Annum, the most not 100l. only one, Christ-church, a City-impropriation worth 350l. That the Petitioners have not independent maintenance, and for want thereof are daily thrust upon dangerous and great inconveniences: That this is because the Petitioners have no means assigned in the said Decree, for the discovering of the true value of their said Rents by the Oath of the Parties, and for that many London-Landlords (to the defeating of the Petitioners, and indangering their own Souls) have, and daily do contrive double Leases, or make Proviso's, wherein they call some small part of the true Rent by the Name of Rent, and all therest (which yet is quarterly paid) by the Name of Fine, Income, or the like; which Practice, in the Year 1620, was signified to be unjust and Sacrilegious, under the Hands of the Reverend Bishops, and Heads of Houses of both Universities. And lastly, for that the Lord Mayor for the time being is our ordinary Judge, and the Petitioners generally want both ability and leizure to Prosecute and Appeal from him to the Right Honourable the Lord Keeper, or otherwise to wage Law with Rich and Powerful Citizens.
May it therefore please the Great Patron of the Church, Your Royal Majesty, to take into Your Princely Consideration these Pressures and Grievances of Your Poor Clergy of London, with the Causes of the same, and to take such course for Redress thereof, as to Your Majesties great Wisdom and Clemency shall seem meet:
His Majesty is graciously Pleased to refer this Petition to the Lord Arch-bishop of Canterbury his Grace, the Lord Keeper, the Earl Marshal, the Lord Bishop of London, the Lord Cottington, My self, and the Lord Chief-Justice Richardson, or to Five or Three of Vs, (whereof the Lord Arch-bishop of Canterbury to be one) where We are to call all Parties before Vs whom this Business may any ways concern, and after full hearing and examining thereof, to end it if we can; otherwise to make report to His Majesty, where the impediment lies that so his Majesty may take such further order therein, as in His Princely Wisdom He shall think fit.
'This day the Matter in difference concerning Tythes within the City of London, demanded of some particular Citizens then present, was heard by His Majesty sitting in Council. And whereas, after some entrance into the Cause, it was conceived by His Majesty, that the Case in question might concern the City in general, and to that end Mr. Recorder, and some Aldermen were required to attend, to take notice of His Majesties Pleasure therein: And forasmuch as the Case in question is not agreed upon, whereby His Majesty might proceed to hear Arguments, and debate thereupon; and being desirous, out of His Princely disposition, to reconcile the same, he did demand of Mr. Recorder, and the Aldermen there present, whether they would refer the Cause to His arbitrement: but they humbly desired His Majesty, in as much as they came not as Parties interessed in that Question, but in obedience only attended His Majesties Pleasure, they might have time to acquaint the Court of Lord Mayor and Aldermen, and Common-Council of the City therewith, which His Majesty willed them to do, and thereupon was pleased to give them respite until Sunday the sixteenth of this Month, at which time they were to attend with full Power.
'Whereas the Fifth of this Month, at the hearing of the Matter in difference, concerning Tythes within the City of London, demanded of some particular Citizens, His Majesty sitting in Council, demanded of Mr.Recorder, and the Aldermen then present, whether they would refer the Cause to His arbitrement? whereupon they humbly desired His Majesty, in as much as they came not as Parties interessed in that Question, but in obedience only attended His Royal Pleasure, they might have time to acquaint the Courts of Lord Mayor and Aldermen, and Common-Council of the City therewith; which His Majesty willed them to do, and thereupon was pleased to give them respite until this present day. They did now accordingly attend, as did also they of the other Party, viz. sundry Ministers of the City of London. And the Recorder of the said City having related, that the aforesaid Court of the Lord Mayor and Aldermen had been assembled, and acquainted with His Majesties Pleasure, did farther represent unto His Majesty, That it appeared by Record, that in the Reign of King Henry the Eighth, and in the same Cause which is now in agitation, upon like directions then given by the Council-Board, the said Cause was propounded to their several Wards; and the Common-Council having received their several Answers, did thereupon submit to the course set down; whereupon he did humbly move, whether His Majesty would be pleased that the same course be now taken? the rather in regard the Authority of the said Common-Council, is only for matter of Government and Safety, not meddling with the Right or Interest of any. But His Majesty having other Presidents as ancient as Edward the Fourth, alledged by Mr. Attorney-General, that the Common-Council had ordered Business of this very nature, did absolutely declare, that he would not wait for the issue of such a manner of proceeding, but he would expect a direct and full Answer from the Lord Mayor and Aldermen, and likewise from the Common-Council, which is the representative Body of the City; and that if any would be refractory, and not conform themselves, they should stand to their own hazard, and that he would take notice as well of them, as of those who would submit to His Arbitrement. And His Majesty was pleased further to declare, That His only end in taking this pains, was to settle Peace and good understanding between the Ministers and their Parishioners; and that he looked not so much at any Particular, as at the General, that there may be a firm Order and Accommodation well-established. Lastly, His Majesty was pleased to appoint this day sevenight, which was the 23d of that Month, for their next attendance; at which time they were to come with full Power to give their last Answer.
This day, His Majesty being present in Council, the matter in difference concerning Tythes within the City of London, and Liberties thereof, was heard at the Board: At which time the Lord Bishop of London was there present, and some of the Ministers on behalf of themselves, and the rest of the Ministers of London on the one part, and some of the Aldermen, and the Recorder on the behalf of the said City on the other part: After some debate did mutually submit the said differences to be arbitrated and settled by His Majesty, which His Majesty was pleased withal. And in as much as the said Lord Bishop, and the said Ministers, had now by an Instrument in writing, under Hand and Seal, tendered their said Submission to His Majesty; It was thought fit and equal, that by an Instrument in writing also under the Common Seal of the City, the like submission should be made by the City to His Majesty, which the Aldermen and Recorder authorized from the City this day presented to His Majesty, being present in Council: Whereupon it was resolved and ordered, That Sunday the 18th of January next should be appointed for the hearing of this Cause at large at the Council-Table, before His Majesty and the Lords; at which time the Parties on both sides, with their Council learned, were to attend.
The Arch-bishop of Canterbury, in his Metropolitical Visitation, summoned the Ministers and Elders of the Dutch and French Churches to appear before his Vicar-General, who had two Injunctions prescribed by the Arch-bishop.
- 1. That all the Natives of the Dutch and Walloon Congregations in his Grace's Diocess should repair to their several Parish-Churches of those several Parishes where they inhabited, to hear Divine Service and Sermons, and perform all Duties and Payments required in that behalf.
- 2. That the Ministers, and all other of the Dutch and Walloon Congregations, which were not Natives and Born-Subjects to the King's Majesty, or any other Strangers that should come over to them, while they remained Strangers, might have and use their own Discipline, as formerly they have done; yet it was thought fit that the English Liturgy should be translated into French and Dutch, for the better settling of their Children to the English Government.
Upon the publishing of these Injunctions, the Dutch and Walloon-Churches at Norwich presented an humble Petition and Remonstrance to the Bishop of that Diocess, that the said Injunctions seemed to be opposite, not only to the sundry Orders of His Majesties most Honourable Privy-Council, heretofore upon several occasions granted unto several Congregations of the said Strangers, but chiefly to all the Gracious Privileges granted unto them of old, and continued during the Reign of three most famous Princes, King Edward the 6th, Queen Elizabeth, and King James of Glorious Memory, and confirmed by His now Majesties Regal Word, which He was pleased Graciously to give unto the Deputies of all the Strange Congregations in England prostrate at His Majesties Feet the 30th of April 1625. But the Petitioners finding no Redress as to their Complaint by the Bishop of Norwich,
Afterwards they presented a Petition to the Arch-bishop of Canterbury, to the effect of that given to the Bishop of Norwich; to which Petition the Arch-bishop of Canterbury gave an Answer in a Letter to the said Dutch and Walloon Churches at Norwich, Dated, Aug. 19. 1635. to this effect.
That His Majesty was resolved, that His Instructions should hold, and that obedience should be yielded to them by all the Natives after the 1ft Descent, who might continue in their Congregations, to the end the Aliens might the better look to the Education of their Children, and that their several Congregations might not be too much lessened at once; but that all of the second Descent born here in England, and so termed, should resort to their several Parish-Churches where they dwelt, concluding his Letter in these words. And thus I have given you Answer fairly in all your Particulars, and do expect all obedience and confirmity to my Instructions which if you shall peform, the State will have occasion to see how ready you are to practise the obedience which you teach: And for my part, I doubt not but your selves, or your Posterity at least, shall have cause to thank both the State and the Church for this care taken of you; but if you refuse, (as you have no cause to do, and I hope you will not) I shall then proceed against the Natives, according to the Laws and Canons Ecclesiastical; so hoping the best of your selves, and your obedience, I leave you to the Grace of God, and Rest,
By these Injunctions the Forreign Churches were molested and disquieted several years together, for refusing Conformity, and some of their Ministers and others of their Congregations deserted the Kingdom, and went beyond Seas.
This year being the very first year after Bishop Laud his Translation from London to Canterbury, great offence was taken at his sudden setting-up of Pictures in the Church-windows at his Chappel at Lambeth and Croydon, the Portraiture of them being made according to the Roman Missal, and bowing towards the Table or Altar, using of Copes at the Sacrament, whereupon the People made a great Clamour, that the Arch-bishop endeavoured to subvert God's true Religion, by Law established in this Realm, and instead thereof to set up Popish Superstition and Idolatry; aggravating this his Action to be the greater crime, because he was Primate and Metropolitan of all England, principally intrusted with the care of Religion, who should of all other Men have been most vigilant against all Popish Idolatrous Innovations, and not professedly to set up a-fresh those Idolatrous, Superstitious, Romish, Pictures, which were by our Statutes, Homilies and Injunctions purposely defaced and broken down at the beginning of Reformation, as Monuments of Popery, Superstition and Idolatry, contrary to the Word of God, and established Injunctions of the Church of England.
But let us not be so uncharitable to the deceased, as not to mention his Defence made when he was living to a Charge of this nature, when he was afterwards questioned for the same in Parliament; therefore take what he said then in vindication of himself, which was to this Effect.
The first thing the Commons have in their Evidence charged against me, is (said he) the setting up and repairing Popish Images and Pictures in the Glass-windows of my Chappel at Lambeth, and amongst others, the Picture of Christ hanging on the Cross between the Two Thieves in the East Window; of God the Father in form of a little Old Man, with a Glory, striking Myriam with a Leprosie; of the Holy Ghost descending in form of a Dove; and of Christ's Nativity, last Supper, Resurrection, Ascension, and others, the Pattern whereof Mr. Prynn attested I took out of the very Mass-Book, wherein he shewed their Portraitures.
Secondly, That I did only repair the Windows which were so broken, and the Chappel which lay so nastily before, that I was ashamed to behold, and could not resort unto it, but with some disdain, which caused me to repair it to my great Cost.
Fourthly, Though the very resemblances of them be in the Mass-Book, yet I protest I never knew they were there, till Mr. Prynn shewed them in it at this Bar: it is but a meer fallacy, the Pictures which I repaired are in the Mass-Book; Ergo, I took the Pattern of them out of it.
Sevently, The Primitive Christians approved, and had the Pictures of Christ himself; Tertullian recording, That they had the Picture of Christ engraven on their Chalices, in form of a Shepherd carrying home the lost Sheep on his back.
To this was reply'd: First, That he did not find those Images there, compleat or entire, but broken and demolished by vertue of our Statutes, Homilies, Injunctions fore-cited, and that at the beginning of Reformation; ever since which time they continued unrepaired, as Monuments of our indignation and detestation against them, like the Ruines of our Abbies and Monasteries.
Secondly, We have here confitentem reum, the Arch-bishop plainly confessing that we charge him with, viz. the repairing of the broken Images of Christ, the holy Ghost, in Glass-windows; and no ways denying, extenuating, but justifying this Popish Fact of his against our Statutes, Homilies, Injunctions, Writers, yea, his own frequent Subscriptions to our Homilies, and Articles of Religion: Nay Mr. Brown, his own Joiner, attested, That he, by the Arch-bishop's directions, repaired and new-made the broken Crucifix in Croyden Chappel, as well as in Lambeth Chappel; and the Arch-bishop plainly confesseth, that he had no great devotion to serve God in Lambeth Chappel, nor yet to resort unto it, till these Images were repaired, and new beautified to please his Eyes.
Thirdly, That himself took pains, and gave directions to the Glasiers to make up the Stories and Pictures in the Windows, out of the broken fragments remaining, and new-made them to his excessive Cost, whereas he might have new-glazed them with unpainted Glass, for the tenth part of that his painted Pictures cost him.
Fourthly, He confesseth the very Portraitures of the new-furbished Pictures in his Chappel to be all contained in the Mass-Book, which we made so apparent to your Lordships, that he could not but with shame deny it; but protests he knew them not to be in it, and that he took not his Pattern out of it. To which we must reply, That he having noted his Mass-Book, wherein we shewed them to be portrayed, in every Page almost with his own hands, and turning this Book so frequently over, must of necessity see these Pictures in it, which are so large and visible, unless we shall suppose him blind, or such an hater of them, as purposely to turn his Eye-sight from them, which is improbable; and therefore, not withstanding this bold protestation of his, we hold our Argument both true and solid. The new Images in his Chappel-windows exactly agree in all things with the printed ones in his Mass-Book, which he could not but know, and see too, as oft as he noted or perused his Roman Missal; Ergo, He took his Pattern from the Mass-Book in the repairing, as well as his Popish Predecessors in the first making of them, since no other Pattern hath been produced by him, by which he gave directions to new-make them but by the Roman Missal.
Fifthly, We wonder greatly, that he that hath so much traduced and reviled Mr. Calvin publickly heretofore, should fly thus unto him for shelter now; but as he abused his Person, and Memory then, so he miserably perverts and misapplies his words now point-blank against his meaning. Mr. Calvin only affirms, That he is not so superstitious as to think it altogether unlawful to make any Images of Men or Beasts for a civil use, since Painting is the gift of God; from whence the Arch-bishop hath inferred, Ergo, Mr. Calvin holds it lawful to make the Picture of Christ's Nativity, last Supper, Passion, Refurrection, coming to Judgment; of God the Father, like an Old Man; of Christ on the Cross, of God the Holy Ghost in form of a Dove, and Cloven Tongues; of the Virgin Mary, other Saints, and to set them up in Churches, as he did these Images in the Chappel: Whereas Mr. Calvin, in the selfsame place, in most positive terms, concludes the contrary; witness the very next words following those he objects: Purum & legitimum utriusque usum requiro, ne quœ Dominus in suam gloriam, & bonum nostrum nobis contulit, ea non tantum polluantur prœpostero abusu, sed in nostram quoq; perniciem convertantur. Deum essingi visibili specie nesas esse putamus, quia id vetuit ipse, & fieri sine aliqua gloriœ ejus deformatione non potest, which he proves at large. Then speaking of Images in Churches, he writes, they were introduced thither, Non judicio aut delectu, sed stulta & inconsiderata cupiditate.
Sixthly, Whereas he would pray in aid from our Homilies, to justifie the Historical Use of these Images in his Chappel, the Homilies are so point-blank against it, as we have proved, that Impudency it self would blush to cite them to such a purpose, especially since the third part of the Homily against the peril of Idolatry, pag. 41, 42, 43. expresly resolves it unlawful to make the Picture of Christ, or any Person in the Trinity, much less to set them up in Churches.
Seventhly, For his averment that the Primitive Christians approved of Images, and had the Picture of Christ in their Churches and engraven on their Chalices, is a most notorious falshood. For Justin Martyr, Clemens Alexandrinus, Irenœus, Tertullian, Minutius Felix, Origen, Arnobius, Cyprian, Lactantius, Gregory Nyssen, Athanasius, Ambrose, Epiphanius, Eusebius, Hierome, Augustin, Hilary, Chrysostom, Theodoret, Theophilact, and other Ancients unanimously agree, that the Primitive Christians had no Images at all in their Churches; together with the Councils of Eliberis, Constantinople, Toledo, Frankford, and Constantine the Great, Constantius, &c. with sundry other godly Emperors, utterly demolished and cast them out of Churches; as Ecclesiastical Authors, our own Homilies, Writers, prove at large against the Papists. Lactantius and other Primitive Christians write expresly, that without doubt there can be no Religion at all in that place wheresoever any Image is; whereupon Epiphanius rent the Image of Christ, or some other Saint, which he found in a Church, painted in Cloth, out of holy indignation, as contrary to the Authority of the Scriptures. In few words, our own Homilies against the peril of Idolatry, Part 2. p. 38. expresly resolve, that when Images began to creep into the Church, they were not only spoken and written against by godly and learned Bishops, Doctors and Clerks, but also condemned by whole Councils of Learned men assembled together; yea the said Images by many Christian Emperors and Bishops were defaced, broken and destroyed; which Mr. Calvin in the place objected by the Bishop affitms likewise: And therefore it is a most desperate assertion in the Arch-Bishop, thus falsly to affitm the contrary, point-blank against our Homilies and his own subscription to them. And whereas he cites Tertullian, to prove that the Christians in his days had the Picture of Christ upon their Chalices; we answer, that if the Book De Pudicitia be Tertullian's own, (of which some doubt) yet his words import no such thing, which are these A parabolis licebit incipias ubi est Ovis perdita a 'Domino acquisita, &c. Picturœ Calicum vestrorum, &c. (not nostrorum.) And that he hath most grosly abused Tertullian, your Lordships and his Auditory, in alledging Tertullian in defence of Images, and their use among the Primitive Christians: certainly Tertullian is so far from any such opinion, that he hath written a whole Book De Idololatria, next before this De Pudicitia, wherein he expresly condemns, not only the having, but making of any Image or Picture for any use, and the very Arts of Carving and Painting Images, as contrary to the second Commandment (as the Jews, Josephus, Philo and others did before him, and the very Turks and Persians at this day.) Take but this sentence of his instead of many; Omnis forma vel formula Idolum se dici exposcit. Idolum TAM FIERI quam coli Deus prohibet: quanto precœdit, &c. which he prosecutes at large throughout this Eloquent Book, and therefore his sophistry in citing Tertullian for defence of Images in Churches, who is thus point-blank against the making of any Image whatsoever, even for civil uses, is an intolerable, inexcusable boldness.
Eighthly, Whereas he answers, that the setting up of these Glass-Images is no high Treason by the Statute: We grant it not to be so simply in it self, neither do we urge it to be so, but as it tends to subvert our Religion, Laws, and set up Popery, concurs with his other practices of this nature, so it may, and will prove high Treason. The second part of the Homily against the Peril of Idolatry, pag. 37. assures us, that the maintenance of Images hath brought in a Sea of Mischief, horrible Schisms, Rebellions, Treasons; and his maintaining them hath done the like.
Ninthly, We conceive that the Statute of 3 E. 6c. 10. which commands all Images of Stone, Timber, Alabaster, or Earth, graven, carved or painted; which heretofore have been taken out of any Church or Chappel, or yet stand in any Church or Chappel, to be defaced and destroyed, extend to Images in Glass-Windows as well as others, which are but painted Earth; and that which confitms us in this opinion is, that the Homilies against the Peril of Idolatry, (the occasion of this Law) and the Injunctions of Queen Elizabeth made in pursuance of it, extend in ditect terms to Images in Glass-Windows, as well as to Images of Stone, Timber, and the like: yea, the practice of that time in defacing the Glass-Images in Lambeth Chappel Windows, (which he of late repaited) and in most other places, infallibly proves it; together with the Statute of 3 Jac. c. 5. which reckons up Images and Crucifixes, of what matter soever, among the Relicks of Popery, and enjoins them to be defaced: wherefore this evasion of his is most false and frivolous, especially since Popery may creep in at a Glass-Window, as well as at a Door; and our Homilies, Injunctions, Writers censure all of them like, if this Statute do it not.
The second thing objected against me, (said he) as a Popish Innovation in my Chappel at Lambeth, is, my removing and Railing in the Communion-Table there, Altarwise, with the ends of it North and South against the Wall; my furnishing it with Basons, Candlesticks, and other Furniture, and hanging a Cloth of Arras behind it, with the Picture of Christ and his Apostles, eating the Lords Supper together.
To which I answer; Fitst, That the Railing in and Placing the Table Altarwise, is warranted by Queen Elizabeth's Injunctions, which prescribe, that the holy Table in every Church be decently made and set in the place where the Altar stood: Now the Altars generally in all Churches, as all Antiquity manifests, stood at the East -end of the Quite, North and South close to the Wall, as the Tables were lately placed, and there were Railed in: this therefore is no Innovation.
Thirdly, That the Arras-Piece at the Back of the Table, containing the story of Christ's last Supper, was fit for that place and occasion: that such Images and Representations were lawful, approved by the Lutheran Churches, yea by Mr. Calvin himself, for an Historical use, in the place fore-cited, Inst. l. 1. c. 11. Sect. 12.
To this the Commons Replied; Fitst, That neither Queen Elizabeths Injunctions, nor the Rubrick in the Common-Prayer Book, nor any Law or Canon of our Church, prescribe the Railing in our Communion-Tables, or placing them Altarwise against the Wall, with the ends North and South; there is no sillable in any of them to warrant any such Popish Innovation, prescribed only by Popish Canons, as we have proved: That it cannot be proved that Altars were generally so placed and railed in anciently, either in England or elsewhere; the contrary whereof we shall prove anon: That the makers and executors of these Innovations knew best of any, where, and how Communion-Tables were to be situated by vertue of them; and they generally placed them throughout the Realm, in the midst of the Quite or Chancel, with the ends East and West, standing a convenient distance from the East Wall, without any Rail about it, in which posture they generally stood in all Churches, Chappels, and in Lambeth-Chappel it self for one, ever since these Injunctions published, till this Innovating Arch-Bishop altered this their ancient Siruation. Yet both the Rubrick in the Common-Prayer-Book, the Queens Injunctions, the 82d Canon, Bishop Jewel, Bishop Babington, Doctor Fulk, and other of our Writers agree, that when the Sacrament is administred, it ought to stand in the Body of the Church or Chancel, of which more hereaster: This therefore is an Innovation, and that a Popish one too, tending to introduce private Mass, to remove the Lords Table as far as possible from the view and audience of the common People, when the Sacrament is celebrated at it.
Secondly, We have proved, that this Altar-furniture of Candlesticks, Tapers, Basons, Crucifixes, and the like, was originally borrowed from the Roman Ceremonial, Pontifical, and the Popish Council of Aix, which enjoyn them; That the 3d part of our Homilies against the Peril of Idolatry, and Queen Elizabeth's Injunctions, (which he cites for placing of the Lords-Table Altar-wise) Injunct. 2. 23, 25. condemn, censure, abolish, as Superstitious, Ethnical and Popish, all Candlesticks, Trendals, Rolls of Wax, and setting up of Tapers, for that they be things tending to Idolatry and Superstition, which of all other offences God Almighty doth most detest and abhor, for that the same diminish most his Honour and Glory: Therefore the Kings Altar-furniture in His Chappel at Whitehall, can be no justification nor extenuation of his offence, who should have reformed His Majesties Chappel, (whereof he was the Dean and Superintendent according to our Laws, Homilies, Injunctions, which condemn such Altar-trinkets) not conformed his own Chappel-Altar to the Kings, in these meer Popish superstitious Innovations.
Thirdly, The Arras-hanging was rather suited to the Crucifixes in the Glass-window over it, and other Images of Christ in that Chappel, than to the Place or Lords-Table where it hanged; the Table and Sacramental Elements themselves, with the usual participation of them every Month, being sufficient to mind us of our Saviours last Supper, Passion, Death too, and to shew them forth till he come, (who used no such Pictures nor Crucifixes, when he instituted his last Supper) without any such Image or Crucifix; which being condemned by our Statutes, Homilies, Injunctions, Canons, Writers, as we have formerly evidenced, yea by all Antiquity, by Mr. Calvin himself, and many Lutherans too, ought not to have been placed there, the rather, because there is no Warrant nor Precept for it, but only in the Roman Ceremonial, Pag. 69, 70. his Conformity whereto was the only ground of hanging those Arras-Pictures, which well deserves another hanging, especially in an Arch-Prelate who professeth himself a Protestant, and as averse from Popery as any man whatsoever.
The third sort of Innovations in my Chappel charged against me, is the setting up of a Credentia or Side-Table, my own and my Chaplains bowing towards the Table or Altar at our approaches to it, our going in and out from the Chappel; my Chaplains with my own using of Copes therein, at the celebration of the Lords Supper, and solemn consecration of Bishops, attested by Doctor Heywood my own Chaplain, who confessed, that he celebrated the Sacrament at Lambeth -Chapel in a Cope; That my other Chaplains did the like, and that he thought I was sometimes present when they did it; That the Bread when the Sacrament was administred, was first laid upon the Credentia, from whence he took it in his hand, and then carried it too, and kneeling down upon his Knee presented it, laid it on the Lords Table, on which there were Candlesticks, and Tapers, but not burning, as he had seen them at Whitehall; which Mr. Cordwell, once my Servant, likewise deposed: adding that I was present sometimes when this was done, and that my Chaplains bowed down thrice towards the Altar at their approaches to it.
Thirdly, That the use of Copes is prescribed by the 24th Canon of our Church, Anno 1603. which orders thus; In all Cathedral and Collegiate Churches, the Holy Communion shall be administred upon principal Feast-days, sometimes by the Bishop if he be present, and sometimes by the Dean; sometimes by a Canon or Prebendary, the Principal Minister using a decent Cope: This therefore is no Innovation.
To this was retorted in general, that Sir Nathaniel Brent, and Dr. Featly deposed, there was no such Credentia, bowing towards the Table, Altar, or any Cope at all used in Lambeth -Chappel, in his Predecessors time; therefore all these are meer Innovations: In particular it was replied, that it appears not by proof Bishop Andrews had any such Urenfils, Vestments, or bowing in his Chappel, therefore this is a meer groundless evasion. But admit he had, yet Bishop Andrews Chappel was no Law, Canon, nor pattern for him to follow, against our Laws, Common-Prayer-Book, Homilies, Injunctions, which exclude such Innovations: And if the Pattern of the Chappel and its Furniture which we gave in evidence were Bishop Andrews, as he avers, it was as grosly Popish and Superstitious as the Popes, or any Popish Prelates Chappel whatsoever. As for the Credentia, it is directly taken out of the Roman Ceremonial and Pontifical, as we have proved, the only Canons we know prescribing it: and we find the use of it only in some Popish Churches, and mentioned no where but in the Roman-Missal, among the Rites of celebrating the Mass; therefore it is a meer Popish Utensil, appropriated to the Mass, and a forerunner of it.
Secondly, This bowing to and towards the Altar, was never prescribed by our Statutes, Articles, Homilies, Common-Prayer-Book, Injunctions, Canons, never practised by any till of late, but some few Popish Court-Doctors, and Cathedralists; never used by his Predecessor, or his Chaplains; introduced only by Papists at the first in honour and adoration of their Breaden God upon the Altar; and enjoyned only by the Roman-Missal, Ceremonial and Popish Canonists, as we have largely manifested; therefore not to be justified or excused.
Thirdly, The Book of Common-Prayer, and Administration of the Sacraments, and other Rites and Ceremonies of the Church of England (the only Directory what Vestments, and Ceremonies are to be used, confirmed by our Laws) prescribes not any of those; warrants not, but excludes the use of Copes upon any occasion: whereupon our Homilies and best Writers condemn Copes as Jewish, Popish, Paganish, enjoyned only by the Roman Ceremonial, and Pontifical, as we have proved, Injunctions deeming them Popish: yea, the third part of the Homily against the Peril of Idolatry, hath this memorable passage concerning them, Page 72. And because the whole Pageant must throughly be played, it is not enough thus to deck Images and Idols,) with Gold, Silver, Rich, Wanton and Proud Apparel, tempting their Paramours to wantonness) but at last come in the Priests themselves, likewise decked with Gold and Pearls, that they may be meet servants for such Lords and Ladies, and fit worshippers of such Gods and Goddesses; and with a solemn pace they pass forth before the Golden Puppets, and fall down to the ground on their Marrow-bones before the honourable Idols, (and their gorgeous Altars too:) therefore certainly it is impudency for him thus to introduce and justifie them against these Authorities. Now whereas the Arch-Bishop pleads the 24th Canon, made in the year 1603, to warrant the use of Copes in his Chappel; We answer, first, That the Canon extends only to Collegiat and Cathedral Churches, not Parochial, much less to Chappels: therefore it can no way warrant but condemns this use of Copes in his Chappel.
Thirdly, This Canon was never binding to any, but meerly void in Law, being never confirmed by Parliament, and crossing both the Common-Prayer-Book and Homilies ratified by Parliament; therefore all these his Answers in justification of these Innovations display his Impudence to the World in justifying such Popish Reliques as these.
Some of the Scots who were members of that Parliament which sate at Edenburgh Anno 1633, and were then against passing of the Act for wearing of Whites, &c. remained full of discontent; and with some of their privity there was put forth in Print, a Pamphlet called a Libel, which reflected upon the Kings proceedings in the said Parliament, charging His Majesty with gaining of Votes by undue means and practice, to obtain the said Act to pass in that Parliament: which Libel this Year past through many hands till Spottiswood and some of the Lords of the Council found out the Author, and it fell upon one Hagg, who escaped and went beyond Seas; but upon further enquiry it was fastned upon the Lord Balmerino, who was presently apprehended and committed Prisoner to the Castle at Edenburgh for Treason, afterwards tryed and condemned; but the King was graciously pleased to restore him to his honour, life and estate.
His Father had been Secretary to King James, who as the History saith, shuffied a Letter of his own contriving, from King James to Pope Clement, in favour of the Catholicks, for which Balmerino the Father was questioned by King James, and accused of High-Treason, and condemned to suffer death; but afterwards pardoned by King James, and restored to life, estate and honour: so both Father and Son had an obligation put upon them by both their Majesties; yet the friends of Balmerino remained dissatisfied with both the sentences of death, and would be talking that which might have brought them also into danger.
After the disorder of the Imperial Army by Wallenstines murder, the King of Hungary, Son to the Emperor, was liberal and bountiful to the Souldiers, giving them plenty of money for Pay; took the Oaths of the Souldiers to be faithful to the Emperor: but the Emperor stood in great need at this time of help and assistance from his Allies and Friends to support the House of Austria, for the Swede at this time had got almost half Germany; whereupon the Cardinal Infanto came from Milan with the old Spanish, Italian and Burgundian Bands through all Switzerland: these Forces joyning with the Imperialists, marched into the Dutchy of Wirtemburgh; but Nordlengen being a strong Town and Garrison in their way gave a stop to their Advance.
They came to the Emperors Camp before Nordlingen on the 2d of September, and alarmed the Swedes, who gather all their Forces together; Gustavus Horn joyns with the Duke Bernard, and advises rather to spare the Enemy a Town or two, than to hazard the Publick Cause upon a Battel.
After this a Second Council of War was called, and it was resolved again not to fight, but to stay till the Rhinegrave with his Troops, consisting of 4000 men, were arrived; but upon Munday, September the 4th, the Field-Marshal Cratz, together with Major-General Kagg, arrived to the Assistance of the Swedes: this prevailed with Duke Burnard to put on a Resolution to Fight, and not to stay the coming of the Rhinegrave and his 4000 men.
September the 6th, The Swedes very early before six of the Clock assaulted the Imperial entrenched Army, with great fury obtained some Standards and Ensigns, and three pieces of Canon, took one of the Sconces upon the Hill; about which were engaged two Regiments of Swedes, who lost their lives, being blown up either by a Mine sprung, or fire given to Gunpowder in the Sconce. But this loss did not at all startle the Swedes, nor the Enemies great Canon from a Battery; but on they marched to the Body of the Enemy, who had the remainder of their Ordnance, laden with great and small shot, hid behind some Bushes on a rising ground; and when the Swedes came somewhat near unto them in Battel-array, they discharged their Canon behind the Bushes all at one time, which did incredible slaughter, and made partitions in the Swedes Army with men that fell like Streets. This much daunted the Swedes, and in this confusion the Horse of the Imperial Army commanded by the Duke of Lorrain and John de Wert managed their Armes so well, insomuch as in two hours time they obtained an absolute Victory over the Swedes. 2000 Swedes Horse were cut off, 4000 Witzemburghers were put to the Sword, 2000 lost at the Sconce; The Swedes likewise lost all their Canon, being eighty pieces of Ordnance, 300 Colours, their Wagons, Bag and Baggage; and that brave Soldier Gustavus Horn was taken Prisoner. This great success of the Imperialists answered for their loss at the two Battels of Lipswick and Lutzen.
Duke Bernard was wounded, but retired to Helbrun to collect again the dispersed Troops, 1000 Swedes Horse escaped and came to the Rhinegrave, where, in a short space, the Rhinegrave had an Army of 6000 Men, and joining with Baniere, got up a considerable Army, and staying till Duke Bernard came to them, they fell into Action to offend the Enemy; and meeting with some of the Infanto's Army, which he was sending back by the way of Brisac, had thereabouts a brisk Encounter with them; and though the Enemy were Armed Cap-a-pe, yet the Swedes killed many, and took many Prisoners at that time.
This Summer Her Majesty made a Progress North of Trent, the King accompanying Her all the way: they had no sooner passed the Trent, but were entertained at Bolsover -Castle in Darbyshire by the then Earl (afterwards Duke) of Newcastle, where nothing was spared which might add Splendor to the Feast, so highly Honoured with the Presence of both their Majesties.
The Earl sent for all the Gentry of the Countries of Darby and Nottingham to come and wait upon their Majesties, who came with great joy and chearfulness, and were nobly Treated by the said Earl, for he spared for no Costs to render his Reception of both their Majesties worthy their Royal Acceptance.
The Expence which the said Earl was at in the preceding year in entertaining the King at Welbeck, and at this time at Bolsover, was estimated by Men of judgment to cost the said Earl 10000l. and upwards.
All this was but an Earnest of this Earl's Duty and Love to his Prince, for afterwards, when the unhappy Wars broke out, he adventured Life and Fortune for the King; and his Estate was sold by the Parliament as forfeited, out of which was raised by the sale thereof 111593l. 10s. 11d. Besides, he had other great losses out of his Estate Real and Personal, during those troublesome times.
On the 19th of July, this year, Mr. Thomas Cook of Brazen-nose College in Oxford, was enjoined Recantation for using some Passages in a Latin Sermon, reflecting upon the Arminian Party, wherein he violated the King's Edicts concerning such Points of Controversie.
Likewise William Hobbs, Fellow of Trinity College, for Preaching against Falling from Grace, &c. and reflecting upon the Arminian Party, contrary to the King's Declaration, was on the 25th of January enjoined Recantation for the same, Recorded in the University Register, fol. 54.
It was usual in those days, by the Intercession of the Queen, Queen-Mother, and Powerful Privy-Councellors about the King, who then were suspected to be, and afterwards dyed, of the Romish Religion, viz. the Lord Treasurer Weston, Lord Cottington, and some others of the Privy-Council of the same Romish Faith, to prevail with the King grant Letters of Grace to stay Proceedings against Recusants upon any Indictment, Presentment or Information, for or concerning Recusancy. Here followeth the Example of Two or Three of many that were granted in that kind in that year.
Whereas We have received good Testimony of the Loyalty, and Duty and Affection of Our trusty and well-beloved Captain (fn. 3) John Read; and because he may be subject to the Penalties of the Laws against Recusancy, these are to signifie, That We are graciously pleased to extend Our Special Grace towards him; and do hereby Will and Command, That no Indictment, Presentment, Information, or Suit in Our Name, or in the Name of any other, be henceforth commenced, prosecuted, or accepted against him by any of Our Officers or Subjects whatsoover, for or concerning Recusancy. And if any such shall happen, then Our Will and Pleasure is, That upon sight hereof the same shall be discharged and made void, or otherwise not prejudicial unto him. Given under Our Signet the 13th day of July, in the 10th Year of Our Reign.
To all and singular Our Judges of Assize, Justices of Peace, Mayors, Sheriffs, Clerks of Assize, Bailiffs, Constables, Informers, and all other Our Officers and Ministers whom it doth or may concern, and to every of them.
Trusty and Well-beloved, We great you well. We have been often and earnestly moved by Our dear Mother the Queen-Mother of France, to extend Our Favour to Sir Henry Bedingteild Knight, his Wife and Family, who are Popish Recusants, and We are very willing, that for Her sake they should receive Our Favour, when they shall stand in need thereof for that Cause; yet we must so perform it, that it may not be of ill example to others, who are or shall be in the like kind obnoxious to Our Laws for Recusancy, nor be scandalous to Our Government, whereof We are and must be tender: therefore Our Will and Command to you is, That you take knowledge of Our Pleasure herein, and take special care to preserve the said Henry Bedingfeild, and his Wife, from the danger of the Laws made against Posish Recusants, that Sir Henry himself shall not be impeached any way for any of his Family for being Popish Recusants; for the doing whereof from time to time by such ways you shall think fittest, this shall be your Warrant. Dated the 20th of November 1634.
Whereas Our trusty and well-beloved Sir Francis Englefeild Knight and Baronet being a Recusant, is thereby subject to Our Laws and Statutes in that case provided; these are to signifie Our Royal Will and Pleasure, That no person or persons shall at any time hereafter sue, prosecute, implead, either by way of Indictment, Information, or otherwise, against the said Sir Francis Englefeild, for being a Recusant, or cause or procure him to be indicted or convicted by vertue of any of Our Laws, or Statutes against Popish Recusants, till We shall signifie Our Pleasure to the contrary. Given under Our Signet at Our Palace at Westminster the 6th day of December, in the 10th Year of Our Reign.
To all Our Judges of Assize, Justices of the Peace, Mayors, Sheriffs, Bailiffs, Constables, Headboroughs, Pursivants, and to all other Our Officers and Ministers, whom it may or doth concern, and to every of them.
Besides these Letters of Grace, Protections were usually granted, that Courts of Justice should not proceed against such Popish Recusants, which were signified by a Letter from a Secretary of State to the Judges of the Court, that they should not be Estreated into the Exchequer. Those Protections were in form following.
Upon special directions given by His Majesty, and signified by a Letter from Mr. Secretary to the Right Honourable Sir Tho. Richardson Knight, Lord Chief-Justice of His Majesties Court of Kings-Bench, bearing date the sixteenth day of April 1634, and shewed now to this Court; it is ordered by this Court, That the Recognizance taken in Court at the Sessions of Goal-delivery, holden for the County of Middlesex, at Justice-Hall in the Old-Baily, the 4th day of October last past, wherein Alexander Baker, of the Parish of St. Andrews in Holborn in the County of Middlesex Gentleman, was bound to His Majesty with two Sureties for his appearance at the Sessions of Goal-delivery then next following, at which Sessions he made default, shall not be Estreated, but all further Proceedings thereupon shall be forthwith stayed.