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 1636.
The Arch-Bishop of Canterbury's Diary.
August 3. Wednesday-night towards the morning, I dreamed L. M. St. came and shewed me all the Kindness I could ask, and that Thursday, August 4. he did come and was very kind towards me, somniis tamen haud multum fido.
August 30. on Tuesday I entertained them at St. Johns Colledge, it was St. Felix his day, and all passed happily. Charles Prince-Elector-Palatine, and his Brother Prince Rupertus was there; these Two were presented in Convocation, and with other Nobles were made Masters of Arts.
December 24. Saturday at night, Christmas-Eve; that night I dreamed I went to seek M St. and found him with his Mother sitting in the room, it was a fair Chamber, he went away, and I went after, but missed him, and after tired my self extreamly; but neither could I find him, nor so much as the House again.
His Majesty this day in Council taking into Consideration a Book lately Published by John Selden Esq; Intituled Mare Clausum, seu de Dominio Maris, written by the Kings Command, which he had done with great Industry, Learning and Judgment, and hath asserted the Right of the Crown of England to the Dominion of the British Seas. The King requires one of the said Books to be kept in the Council-Chest, another in the Court of Exchequer, and a third in the Court of Admiralty, as faithful and strong Evidence to the Dominion of the British Seas.
The Kings Majesty being informed, that divers Mariners being Pressed for His Service at Sea, have lately withdrawn themselves from His Majesties Ships, and are entertained by Merchants and others, doth require and command, That all such Marriners do immediately repair to His Majesties Service, for which they are or ought to be entertained for His Majesties use. And the King doth inhibit and forbid all Merchants and Masters of Ships whatsoever, to receive or continue any Mariner in their Service, who have deserted the Kings Ships.
Thursday the 7th of April: The Bill came this day, that Two dyed at White-Chappel of the Plague; and it appears by the Bill of Mortality given in December this Year, that there dyed in the whole of the Plague to the number of
His Majesty, as to Mare Clausum, further expresseth His Pleasure on the 15th of April.
'Whereas there was heretofore by the Kings Command Published a Book Intituled Mare Clausum, seu Dominio Maris, for the manifesting of the Right and Dominion of the King and His Royal Progenitors in the Seas, which encompass the Realms and Dominions of Great Britain and Ireland. And whereas since the Publishing thereof, some have caused the said Book to be Printed in some Place beyond the Seas, and to the said Impression have added more than what was therein printed at first, and hath falsly put in the name of the City of London for the place of the Impression.
'The King doth require, that no person whatsoever, do, or shall import, publish, set to sale, any of the said Books of the said Forreign Edition, either in Latin or English, except only such as have, or shall be licensed by the Laws and Customs of this Realm.
The Kings Majesty having taken into consideration the great quantity of Money exhausted from His Subjects, and exported out of His Dominions into Foreign Parts for counterfeit Jewels, of Pearl, Pendants, Chains, and false Stones, carrying only a shew and semblance of Precious Stones, Pearls and Jewels: Doth, by the Advice of His Privy-Council, charge and command, That from henceforth no Person or Persons whatsoever, do wear or use any counterfeit Jewels, Pearls, Pendants, Chains, or false Stones, upon pain of Forfeiture of the same, and such other Pains as shall be inflicted upon them.
Upon the 19th of April His Majesty, as to the Liturgie designed for Scotland, thus expressed His Pleasure.
'I Gave the Arch-bishop of Canterbury Command, to make the Alterations expressed in this Book, and to fit a Liturgy for the Church of Scotland; and wheresoever they shall differ from another Book Signed by Us at Hampton-Court, September 28, 1634. Our Pleasure is, to have these followed rather than the former, unless the Arch-bishop of St: Andrews, and his Brethren, who are upon the Place, shall see apparent reason to the contrary.
Doth, out of a provident Care, and for the safety of his People, (a timely use of good means being required to prevent the dispersing thereof) take notice, that in the time of the last Plague, there were divers good Orders published, with Rules preservative, and Directions against the Infection; His Majesty is pleased that the said Orders, Rules and Medicines shall be again now published and renewed. And doth therefore require all Justices of Peace, Majors, Sheriffs, and other Officers and Ministers, to take knowledge of His Majesties Pleasure herein: and that every one in their several Places, where the Infection shall happen to be, use all care and endeavours effectually to prevent the spreading of the same.
'The King doth declare His Pleasure, That whereas in His Universities of Oxford and Cambridge, and in His City of London, divers Books not else-where Printed and Published, at the Costs and care of some of the Kings Subjects, and afterwards some of the said Books have been re-printed in the Dominion of Foreign Princes, or States, and from thence Imported, and put to Sale here; by which the Subjects (at whose Cost the first Impression was made) have been much prejudiced in the Sale of such their said Impression.
'The King being desirous to give special encouragement to all good and lawful endeavours used to advance good Arts and Learning, and to prevent the like Importation, doth charge and command, That no person whatsoever shall import into the Realm of England or Ireland, or Dominion of Wales, out of the Dominions of any Foreign Prince, or shall offer to put to Sale any Foreign Edition, or any Books or Copies, either in Latin or Greek, or in the Hebrew, Caldea, Syriack, and Arabick Tongues; the first Edition of publishing whereof hath been first come out of any Press or House of Printing in the said Universities, or out of the City of London.
The King appeared this Year with a formidable Armado in the Narrow-Seas, Algernoune Earl of Northumberland being Admiral, had 60 Sail under his command, who set out from the Downs towards the North, where the Dutch Busses were Fishing upon the Coasts of the Isles, part of the King of Great Britain's Dominions; but the Admiral requiring them to forbear, they seemed indisposed thereunto; whereupon the Admiral fired at them; some of them were taken, others sunk, and the rest fled: And the Dutch immediately hereupon prevailed with the Admiral to mediate with the King, that they might by His Permission go on this Summer to Fish upon the Coasts, and agreed to give the King for this Year 30000l. which was paid accordingly; and the Dutch expressed their willingness to obtain a Grant from the King, for their Permission to Fish for time to come, paying a yearly Tribute.
His Majesty thought fit at this time to declare His Pleasure for Restraint of Fishing upon His Majesties Seas and Coasts, without License.
'Whereas King James did, in the Seventh Year of His Reign Great Britain, set forth a Proclamation touching Fishing; whereby, for the many important Reasons therein expressed, all Persons of what Nation or Quality soever, (being not His Natural-born Subjects) were restrained from Fishing upon any the Coasts and Seas of Great Britain, Ireland, and the rest of the Isles adjacent, where most usually heretofore Fishing had been, until they had orderly demanded and obtained Licences from the said King, or His Commissioners in that behalf, upon pain of such chastisement as should be inflicted upon such wilful Offenders: Since which time, albeit neither the said King, nor His Majesty have made any considerable execution of the said Proclamation, but have with much patience expected a voluntary conformity of His Neighbours and Allies to so just and reasonable Prohibitions and Directions, as are contained in the same.
'And now finding by experience, that all the inconveniences which occasioned that Proclamation, are rather increased than abated: His Majesty being very sensible of the Premisses, and well-knowing how far he is obliged in Honour to maintain the Rights of His Crown, especially of so great consequence, has thought it necessary, by the advice of His Privy-Council, to renew the aforesaid Restraint of Fishing, upon His aforesaid Coasts and Seas, without Licence first obtained from Him; and by these Presents do make publick Declaration, That His Resolution is, (at times convenient) to keep such a competent strength of Shipping upon His Seas, as may (by God's Blessing) be sufficient both to hinder such further encroachments upon His Regalities, and assist and protect those His good Friends and Allies, who shall henceforth, by vertue of Our Licences, (to be first obtained) endeavour to take the benefit of Fishing upon His Coasts and Seas in the Places accustomed.
'Whereas His Majesty King James, by His Proclamation dated the 18th of May, in the 17th Year of His Reign, for the incouragement of His Subjects, the Company and Merchants Trading for Muscovy, Greenland, and the Parts adjoining, commonly called the Muscovy-Company, did inhibit the Importation of Whale-Fins by any person, other than by that Company:
'The King being now minded to give the like incouragement, which, by the increase of Navigation, conduceth much to the common Good of the King and People, doth now think fit to prohibit all Aliens, and Strangers whatsoever, as well as the King's Natural-born Subjects, that they, nor any of them, other than the Muscovy Merchants only, Import, or bring any Whale-Oyl or Whale-Fins into any of the King's Dominions, upon penalty of forfeiture of the same, and upon pain of such other punishment as by the Court of Star-chamber shall be thought fitting, and that none do presume to buy, utter, sell, barter, or contract for any Whale-Oyl or Whale-Fins of any others than of the Muscovy-Merchants.
'The King's Majesty finding that the Infection of the Plague is at this present scattered and dispersed in the Cities of London and Westminster, and the Suburbs of some Parishes adjoyning to the same, and weighing the danger and inconvenience, which may fall out by the resort of His Subjects from all Parts of the Kingdom to His Cities of London and Westminster, for their necessary Causes and Suits the next Term, hath thought fit, by the advice of His Privy-Council, to Adjourn some part of Trinity-Term next, from the second Return thereof, until Tres Trinitatis, being the last Return of the same; and that to be for such Causes as are hereafter expressed.
Whereas Richard Chambers Merchant, having commenced a Suit for Trespass and false Imprisonment against Sir Edward Bromfeild, for imprisoning him the said Chambers, for refusing to pay Ship-money in the time that Sir Edward Bromfeild was Lord Mayor of the City of London; in which Suit the said Sir Edward Bromfeild did make a special Justification: Sir R. B. Knight being then one of the Justices of the Court of King's-Bench in Trinity-Term 1636, then sitting on the Bench in the said Court, upon debate of the said Case between the said Chambers, and Sir Edward Bromfeild, said openly in Court, That there was a Rule of Law, and a Rule of Government, and that many things which might not be done by the Rule of Law, might be done by the Rule of Government, and would not suffer the Point of Legality of Ship-money to be argued by Chambers his Councel.
Upon Tuesday the 6th of June 13 Caroli, all the Judges met at Serjeants-Inn, and all the King's Council, about seditious Books written and dispersed by Mr. Burton, and Dr. Bastwick. After several Speeches made by the King's Councel, endeavouring to prove that there were divers Passages in the Books that amounted to High-Treason: The Judges in their absence debated the Business, and resolved as followeth.
- 1. That if there were any thing in the Books that amounted to Treason, no Indictment would be found good for Treason, unless it was grounded upon the Statute of 25 Edw. 3. either for compassing the King's Death, or imagining the same, or else for levying of War.
- 2. If any Man seditiously, maliciously, and of purpose to raise Rebellion, and to incite Rebellion, did take Arms to reduce the course of Government, of the State, either Ecclesiastical or Civil, and thereby to compass the King's destruction, this was Treason.
- 3. That the Indictment was to be framed upon the said Statute of 25 Edw. 3. and further the Judges went not that day. And this was delivered by the Lord Chief-Justice to the King and Council, and so they parted at that time.
The Preface to those Statutes disparaged King Edward's Times and Government, declaring, that the Discipline of the University was then discomposed and troubled by that King's Injunctions, and the flattering novelty of the Age, and that it did revive and flourish again in Queen Mary's days, under the Government of Cardinal Pool; when, by the much to be desired felicity of those Times, an in-bred Candor supplied the defect of Statutes.
This same Year there arose a Difference between the Arch-bishop and the Two Universities, Oxford and Cambridge, concerning the Right of Visiting those Universities; the Arch-bishop claiming it Jure Metropolitico, and they Pleaded that it was setled in the King alone, as King, and their Founder. This Cause came to a Hearing before His Majesty, sitting in Council; Sir John Banks the King's Attorney-General Pleading for the Arch-bishop's Right, and the King's; the King then in Person arguing and giving Judgment against himself.
At Hampton-Court, on the 21st of June, the King and Council being sat, the Lord Arch-bishop standing at the Right-Hand of the King, spake to this effect. That by Letters he had acquainted the Two Universities, that he conceived he had power to Visit them, as being within his Province, and Metropolitical Jurisdiction, and desired to know their Answers. To this a civil Answer was returned, both from Oxford and Cambridge, That to yield to such a Proposition by their own Power, without a Command from His Majesty, were a wrong to the Universities. Thereupon he delivered a Petition to His Majesty, and desired a Gracious Hearing; and now he humbly besought His Majesty to do him the favour to hear this Cause; for the Church of England should never be able to settle things right without some Power over the Universities.
Then the Earl of Holland, Chancellor of the University of Cambridge, standing at the Left-Hand of the King, spake, and said, That he hoped His Majesty would not suffer that University to lose its ancient Priviledge; it being never wont to be Visited, save by His Majesty, and those by Commission from him, and ever exempted from the Visitation of any Bishop or Arch-bishop.
The Question in short is, whether the Arch-bishop of Canterbury, as Metropolitan, ought to Visit the Universities of Oxford and Cambridge, as being within his Province? This doth no way intrench upon Your Majesty, for it must be acknowledged, that Your Majesty is the Supreme Ordinary, and hath Supreme Jurisdiction, and may Visit both Universities by Your Commission, notwithstanding You may do it by Your Lord Arch-bishop; this is an undoubted Right. My Lord Arch-bishop hath a double Capacity; the one as Arch-bishop, the other as Chancellor of Oxford. He desires to do equal Justice, and to offer no otherwise to that Honourable Person, the Chancellor of Cambridge, than to himself. Bishopricks and Arch-bishopricks are all of them of Your Majesties, and Your Royal Progenitors Foundation, originally Donative, long before the Conquest, and before time of memory. And as ancient as the Arch-bishop is, so ancient is the Jurisdiction. The Visitation of the Arch-bishop is of Common Right, and not of special Persons, but of the Clergy, and the People in all Causes that be Ecclesiastical, and in all Places within his Province, without any manner of Exception. By the Statute of 21 H. 8. it doth appear, that all Houses of Religion, all Colledges, &c. are within the Visitation of the Arch-bishop of the Province. And by another Statute express Provision is made, that in all Places, as well exempt, as not exempt, the Arch-bishop shall have Power to Reform, and punish those that do ought against the Orders of the Church, Common-Prayer, &c. 13 Eliz. a Statute which confirmeth the 39 Articles, entrusteth the Lord Arch-bishop to see the Doctrine of the Church maintained. It will appear, that in the time of Edw. 1. Rich. 2. Edw. 4. the Arch-bishop Visited the University in his own Metropolitical Right, and not by any Bull from the Pope; and there is as urgent necessity in these Times. Many things may be omitted by the Chancellors, that are commonly great Men, and many things to be Reformed concerning the Administration of the Sacraments, and the Orders of the Church. In Cambridge there may be Chappels that were never yet Consecrated. In the review of all Ecclesiastical Laws appointed by Act of Parliament in the Times of H. 8. and Edw. 6. which shew the opinion of the Times; it appeareth expresly, there should be no Exemption of Colleges from the Arch-bishop's Visitation.
Sir John Lamb seconded the King's Attorney, and said, The Arch-bishop Visiteth of common Right, and the Universities are parts of his Province, and the Burthen is cast on the other side to prove the Exemption. That in Causes handled in the Universities they had a Remedy to appeal to the Arch-bishop, who heard the Complaints of the Parties, and Visited them; this he said he would shew by Record, which had been kept many Hundred Years.
Hereupon His Majesty commanded the Universities to shew their Exemption, and proposed that one should speak for both; but it was answered, that the Defences for both were different one from the other.
In stating this Question it's thus far agreed, That Your Majesty hath power of Visitation; but the Question is, whether Your Majesty hath the sole Power, or my Lord's Grace a Power concurrent with Your Majesty.
The Recorder thus proceeded. I shall tell your Majesty what I conceive of Metropolitical Visitations, and then of the manner of Government, and Rule of the University; and then how the Rule of the one will stand with the other. And lastly, I shall offer what we have for Exemption.
In England there be Arch-bishops, Bishops, and Arch-deacons. The Bishop hath his Visitation every Three Years; my Lord's Grace hath his Visitation once in his time, and he Visiteth those of the Province; to the end they may be subordinate, and in all their Causes and Sentences they Appeal to him as Superiour.
Mr. Gardiner went on. For the Government of the University, there is a Chancellor, Vice-chancellor, Proctors, &c. They may proceed by way of Excommunication; they may imprison and banish, which is more Power than appertains to any Metropolitical Visitation. Only one Bishop of Ely did Excommunicate one of this University; but the Bishop was afterwards Excommunicated; and the Cause being heard before Cardinal Wolsey, he was made to submit himself. Further than this we find no President, that either the Ordinary of the Diocess, Arch-deacon, &c. did ever meddle.
5 R. 2. In the Petition to the Parliament, We are stil'd an University founded by Your Majesties Progenitors: wherefore the Power of Visitation doth of right belong to Your Majesty, and this is an Exemption from any ordinary Jurisdiction. For other Exemptions, We have Bulls from the Pope, and Charters: about the beginning of King Richard the 2d's Time most of the Charters were burn'd by an Insurrection in the Town; but many of them were Confirmed to the Time of H. 6. upon a Suit made to the Pope, to give some Confirmation to their Priviledges, in regard their Charters were burn'd. Whereupon the Pope granted a Commission, and Witnesses were examined, which Examination was a means to produce Two ancient Bulls, exempting them from Metropolitical Visitation; the one bearing date Anno 624, the other 699.
The Arch-bishop said, These Exceptions were not to be found in any Priories, or Nunneries at the first Foundation; but as soon as they got any Money, they sent presently [t]o Rome to get an Exemption; and by that means the Bishops lost their Reputation, and Jurisdiction, even the Council of Trent and Spanish Bishops have all plaid their part herein. And this is the Complaint of whole Christendom against the Council of Trent; of which, next to Purgatory, the Pope of Rome hath made his great Advantage. Unto this the King said, I dare say the Pope doth as much to beat down Bishops, as any Puritan doth in England.
There are Three Chappels in Cambridge not Consecrated. I demanded why they were not? Dr. Chadderton made answer, He hoped they were Consecrated by Faith and good Conscience. They come into the Chappel without Surplices, and other dangers are growing, and the University will be past remedy before any Complaint be made.
The Earl of Holland answered, All this may be Reformed in the way that we desire. If you will Visit, you may do it by Commission; the King can grant it. The Bishop replied, No; I desire to have my own Power.
Upon the Hearing of the whole Cause, it was declared by the King, with the Advice of the Privy-Council, That it was granted on all Hands, that the King had an undoubted Right to Visit the Universities; and that the Arch-bishop, in the Right of his Metro-political Church in Canterbury, had Power to Visit the whole Province, in which the Universities were situated, and were under the same Power, unless they could shew Priviledge and Exemption.
That the Exceptions then alledged were not such as could give satisfaction. That they could be Exempted by no Papal Bull; and that they were Exempted by none of their Charters. That the long omission of the Arch-bishops to Visit, could be no prescription to bar the Right of the Metropolitical See. That it appear'd, that both Universities had been Visited by Three Arch-bishops, his Predecessors, Jure Metropolitico, and not by a Legative Power. That this coming in question, upon the resistance of the University of Oxford, it was, upon full Hearing of both Parties, adjudg'd for the Arch-bishop by King Richard the 2d, and afterward, upon the like Hearing and Re-examination by King Henry the 4th, and both of their Judgments established by Act of Parliament 13 Hen. 4. And the Arch-bishop produced before His Majesty the Original Renunciation of all Priviledges from any Pope, made by the University of Cambridge under the Hands of the Heads of Houses.
So the King and Council adjudg'd the Right of Visiting Universities, and Chancellors Scholars, and all Persons enjoying the Priviledges thereof, to belong to the Arch-bishop, and Metropolitical Church of Canterbury by themselves or their Commissaries.
Whereupon the Arch-bishop made this motion to the King: First, for himself, that His Majesty would be Graciously pleased, that he might have the Sentence drawn up by the Advice of His Majesties Learned Concel, and put under the Broad Seal, to settle all differences that hereafter might arise. Then on behalf of both the Universities, that they should remain free and exempt from the Visitation, and Jurisdiction of the Bishop of the Diocese, or Arch-deacon.
Also, seeing it was declar'd to be his Right to Visit Metropolitically, and it was not limited by Law how often; therefore, notwithstanding the last Custom of Visitation semel in vita tantum, that he might Visit the Universities by himself, or his Commissary, as often as any great emergent cause should move him: provided that neither he, nor any of his Successors, should, after the first Visitation, Visit upon such emergent Causes, unless it be first made known to His Majesty and His Successors. All which was granted by the King, and so settled.
Lastly, Whereas it was alledged, that the Chancellors of either University were, and are like to be Persons of great Honour and Eminence; and therefore it might be inconvenient, that they should be call'd to such Visitation: It was declar'd by His Majesty, that in the course of Law the Chancellor would be allowed to appear by his Proxie.
Serjeant Thin desired leave of His Majesty to speak a few words for the University of Oxford, which was to the effect following, he being the Mouth of the rest of the Councel.
Serjeant Thin. That it was an ancient University, and had as ancient Priviledges, and, by Bulls from the Pope, was ever exempt from the Visitation of any Arch-bishop as in his Metropolitical Right; for as none can Found an University but Your Majesty, and Your Progenitors, so none have Power but Your Majesty to Visit there. But that which concerneth us is, that it was a Foundation long before the Conquest; from the time of the very Foundation of this University unto this day, we conceive there was never any Visitation made by any Arch-bishop, as being within his Province.
King. Never any, (saith the King:) As the University is ancient, so likewise Our Custom is as ancient, which for many Hundred Years we may prescribe (the King answered) but a bare Prescription in this Case will not prevail.
Thin. We have no Records so old, yet this we have, divers Recitals in E. 3d's time, which sheweth, that they had some original Grant of Exemption. Pope Boniface 8. did grant to the University of Oxford a particular Exemption from all Archiepiscopal Jurisdiction; but I know well that there will be an Objection made, that the Pope did grant a Jurisdiction there. This Difference came before the King, and the King then did declare, That the Visitation did belong to the Arch-bishop of Right.
Thin. I object thus against my self (to shorten the Case) for if I do not, they will.) This was in King Rich. 2d's time. The occasion was upon the Question touching Wicliffe his Case grounded upon a mistaking of the Law. Before that time there was never so much as a Challenge to Visit this University Metropolitically.
Arch-bishop. I do intend to Visit Metropolitically. I am to Visit, as I conceive, the Body of the University, and every Scholar that is in it, for his obedience to the Doctrine and Discipline of the Church of England; and this is the extent I intend, and not to meddle with the Statutes of Colleges or University, or particular Visitors of any College.
Thin. No, only an attempt to Visit was made by Arch-bishop Arrundel, who was resisted by the University. I will give up the Cause if he can ever find any Appeal of any Cause to the Arch-bishop of Canterbury from that University. I find it in Fitz. N. Bre. that the Chancellor of Oxford may certifie an Excommunication. From whom had the Chancellor that Jurisdiction, but from the King? then those Acts are not to be Visited by any Power but by the King.
Thin. Since de facto the Arch-bishop did never Visit Oxford, but was ever Visited by Your Majesty, or by Commission from Your Majesty, and withal, their ancient Charters they have lost, which might (if they had them) shew their Priviledge; and since there is so memorable a Prescription in this Case for so many Hundred Years, we humbly desire (with Your Majesties Favour) to be still Visited by Your Majesty.
Arch-bishop. These Exemptions were not to be found in any Nunneries or Priories at the first Foundation; but as soon as ever they got any Money, they presently sent to Rome to get an Exemption, and then by that means the Bishops lost their Reputations, and so brought down the Jurisdiction of the Bishops, even at the Council of Trent; and Spanish Bishops have all plaid their Parts herein. And this is the Complaint of whole Christendome against the Council of Trent, of which, next to Purgatory, the Pope of Rome hath made his greatest advantage.
Arch-bishop. King H. 8. by Statute thrust out all, and whatsoever power the Pope had given in England by Bull, &c. all is gone at one blow by that Statute: Now I will show you a Bond from the University of 1000l. that if they oppose my Jurisdiction then to be forfeit, I speak it upon my Reputation and Duty to Your Majesty. Ann. 1506. Christ's College was subject to the Bishops Visitation: I am able to show the very original Deed in H. 8th's time, where the University of Cambridge have submitted themselves to the Arch-Bishop, and here is the Original-Deed (which was read and showed to His Majesty) being a submission of the University to the Arch-Bishop, and to disclaim any right by Bull or the like. If I should have put them to have submitted upon this evidence, they would have said either for fear, or one respect or other, they had submitted to your Arch-Bishop without any hearing. Therefore not to put this upon either University, I got Your Majesty to hear it, if you have any thing to show for it, God forbid I should desire it if you have better evidence. If not, then I hope His Majesty will give me leave to carry it.
Arch-bishop. So your Majesty may see before the Common-Law did take that away, they did submit themselves a year before. I will make it appear that the Arch-Bishop did visit Cambridge as in Metropolitical right three whole years together, and that it is so expressed in the Act.
Recorder. It is true, we did continue it for three whole years. I did in the opening of it mention as much, that he did visit Ann. 1401. and did continue it till 1404, and that in the story of that time, he did it by a Metropolitical right (as it is so mentioned) but how dangerous those times were, we have opened, and since that time never any such offer was made.
King's Attorney-General, Sir John Banks. May it please your Majesty, their main objections consists of Bulls. Now concerning any Bull or Exemption from the Pope, they are of no force, and though they here plead it verbally, yet they will not do it upon Record; for that Statute which bringeth them in a power, that Statute doth make all void: It is true, there is a saving of some that are confirmed under the Great-Seal, but they make no shew of them, so as clearly they are out of the exception of that Act of Parliament of 28 H. 8. Then they object, that the University is of the foundation of the King, and there the Bishop hath no Metropolitical Visitation. 1 E. 6. The Deanry of Wells was dissolved, upon that a new Foundation, and E. 6. the Founder, and to him was the Donation of the Deanry; yet in that case it is expresly adjudged, that the Arch-Bishop in his Metropolitical Visitation may visit the Deanry: It is true, he may not visit their Lands and local Statutes. It was further objected, there was no Visitation within these 200 years, and therefore a Prescription for it. But as to that no Civilian will allow, that any Prescription lieth against a Metropolitical Visitation. I have looked upon the Statute, and I do find no particular exemption from any Jurisdiction that is Metropolitical. They say further, that the Visitation made by Peckham, was by vertue of the Legantine Power, and the other Visitations are de jure Metropolitico.
Arch-Bishop. In Cardinal Pool's Case, he doth visit by Legantine power (if he will use the stile of greater dignity than Arch-Bishop) Shall therefore that which he doth by the name of dignity lose his Power as Arch-Bishop?
Attorney-General. Divers Lord Treasurers, some have been Bishops of Oxford some of Lincoln, shall they lose their Power as Arch-Bishops? The Bishoprick of London hath not been visited these 200 years till now.
Arch-Bishop. I thank you for that Evidence, Cambridge did not oppose Arrundel, but Oxford did it. What if he were banished the Realm, he was banished for bringing in a Bull. In E. 1, & E 3 time it was common to send forth Proclamations against any that brought Bulls from the Pope.
Recorder. When this Question was between Oxford and Arrundel, there was an Order in Chancery for search for Bulls: and declared that this was against the Crown, and like to be the destruction of the University.
Arch-Bishop. What was done then in R. 2's time, which they say was so troublesome a time. Yet H. 4. did declare the very same judgment his Predecessor had done, and confirmed it by Act of Parliament, that it doth belong unto the See of Canterbury, as of right to visit the Universities, upon penalty of 1000 l upon every time that he should disobey, and a forfeiture of all their Priviledges, if they did disobey it. And I shewed a Deed under the Great-Seal, which the Councel for the University did confess.
Recorder. I shall submit the Cause unto Your Majesties Judgement; for that which hath been urged of King H. 4. it is true, and they do declare that de jure, he ought to visit; it is true, it is so declared by Parliament, but this is only for Oxford and not for Cambridge. Cambridge is not so much as mentioned: My Answer is but this, It doth appear in the very Record it self, that the University of Oxford had got an exorbitant Bull from the Pope, to exclude all manner of People that countenanced Hereticks.
Recorder. The Record it self saith it was gotten to countenance Hereticks and other Malefactors; they did oppose the Arch-Bishop manu forti. The State taking offence at this, thereupon there was a submission to the Judgement of R. 2. And thereupon he did declare, and H. 4. grounded his Judgement upon that the Bishop of right should visit, and H. 4. doth disanull the Bull as being against Law.
Lord Privy-Seal. There comes a Grant of later Kings, and takes notice of these Priviledges and Exemptions, and confirms and ratifies all such Priviledges as they do claim by any Charter or colour of any Bull.
Recorder. He doth confirm all Liberties or Grants. If my Lords Grace may visit the University, then he may visit the Chancellor; and of late time they have been persons of great Honour attending upon your Majesty, and so may be called away from your Majesty upon a Visitation to attend there.
Some few passages more in way of Dialogue there were, but this is all taken in Characters at that time; but see for the Order of the King, and the Lords of the Council, upon this Hearing, at large in the Appendix.
A Warrant was on the 8th of July 1636 directed to Matthew Francis Esquire, one of His Majesties Serjeants at Arms, reciting, whereas Sir Pierce Crosby Knight and Baronet, standing charged with divers Crimes, by an Information at the suit of His Majesty's Attorney-General in the Court of Star-Chamber, for scandalizing the Lord Deputy of Ireland, doth withdraw himself from the usual place of his abode, so as the course of Justice by His Majesties Writs and Process cannot proceed against him; these are in His Majesties Name to Will and Command you, to make your present repair unto any place priviledged or not priviledged, where you shall understand of the said Sir Pierce Crosby his Being or Residence, and by vertue hereof to apprehend him, and to deliver him over to the Custody of one of the Messengers of His Majesties Chamber, to remain with him in safe Custody, until he shall have answered the said Information and Interrogatories against him; and in case of need these are in His Majesties Name, to Will and Command all His Majesties Officers, whom it may concern, to be aiding and assisting unto you herein, that thereof they may not fail, as they will answer the contrary at the Star-Chamber.
Likewise a Warrant was on the 9th of this month of July directed to the Clerk of the Crown, or his Deputy in His Majesties Name, His Majesties especial service to prepare several Commissions according to the form delivered unto him, to inquire touching Depopulations and Conversions of Lands to Pasture since the tenth year of Queen Elizabeth, in the Counties of Oxford, Cambridge, Warwick and Nottingham, directed to Edward Savage and Edmond Windham, two of the Gentlemen of His Majesties Privy-Chamber, and to Gilbert Boon of Lincolns-Inn Esquire, or any two of them.
By vertue of which Commission, and the terror of the Fine imposed in the Star-Chamber, on Sir Anthony Roper for committing Depopulations, there was brought into the Exchequer 30000l. and upwards------The like Commissions were granted into other Counties.
'Whereas Complaints have been heretofore made, as well unto His Majesty King James in his life-time, and unto His now Majesty since His access to the Crown, and also to His Privy-Council, and the Justices of Assizes in their Circuits, and Justices of the Peace in sundry Counties at their Sessions, of the great deceits frequently used among Weavers, Combers, Spinsters, and other workers and makers of Cloth and Yarn, by the daily falsifying their Yard, as well in the length of the Reel-Staff, as in the number of Threads:
'For Remedy and Reformation whereof, and for setling a constant course for the said Reel, and increase of the Poors Wages; It hath been thought fit, that the course of keeping the Staff-Reel may proceed and go on for the general good of the People; and that the Spinsters shall have for their Spinning and Reeling a peny increase, and Labourers imployed about the Trade of Cloathing and Yarn-making, shall have the increase of Wages. And for the establishing of the same, the King hath by Letters Patents, bearing date the 20th of January last past, ordained and appointed there be a constant Reel provided and kept by all and every Clothier, Weaver, Comber, Spinster, and other Workers and Makers of Cloth and Yarn, either Woollen or Linnen, and the Reel-staff to be one yard about the single Reel, and two yards about the double Reel, every Knot containing fourscore Threads.
'His Majesty, the better to prevent the danger and increase of the present Infection, hath given several directions to the Lord Major of London and Justices of Peace, to prevent concourse of People; yet finding the Plague is dispersed in and about the City of London and Southwark, which if the Fairs of Bartholomew and Our Lady in Southwark should be held, might in all likelihood increase the Sickness; His Majesty therefore hath thought good, to require all His Subjects to forbear to resort this year to those Fairs. And doth enjoyn the Lords and others interested in the same, that they do not hold the now next Bartholomew Fair.
The Lords of the Privy-Council writ this ensuing Letter to the Lord Major and Aldermen of the City of London.
We have received by some of you the Aldermen a denial in the name of the City to Our late Letter, for the setting forth of Shipping for the present and necessary defence of the Kingdom, and the excuses which are made since, upon the like occasions; We cannot impute it truly to any thing but want of Duty. We do therefore in His Majesties Name, and by His commandment, require you to see the directions of Our said Letter performed upon your allegiance, and as you will answer the contrary at your perils. And so, &c.
Afterwards there was presented to the Board a Petition from the Major and Commonalty of London, by Mr. Recorder, Sir William Cockin, and divers Aldermen and Commoners, desiring an abatement of the Twenty Ships rated upon the City, unto Ten Ships and Two Pinnaces, alledging want of ability, notwithstanding the absolute Declaration formerly given by the Board.
That the former Commandment given unto them, first, was necessary, because the Board knoweth that the preservation of the State did require it. Secondly, that the Charge required for the performance of the said Commandment was not immoderate for the whole City, which exceeded not the proportion of many of their private Estates. That to this Commandment Petitions and Pleadings were not to be received, which tend to the danger and prejudice of the Common-wealth. That as the Commandment was given to all in general, and to every Particular of the City, so the State would require an account Both of the City in general, and of every particular of the performance of it; for which purpose they had formerly received direction. And that whereas they mention Presidents, they should know that the Presidents of former times were obedience, and not direction. And that there were also Presidents of the punishment of those that disobey'd His Majesties Commandments signified by the Board, in the case of the preservation of the State, which they hope there should be no occasion to let them more particularly understand.
Ferdinando, Emperor of Germany, took a Resolution to settle the Empire in Peace after so bloody a War; and called a Dyet to meet at Ratisbone the midst of September, where the Emperors Son, already King of Bohemia, was proposed to be elected King of the Romans.
At which time the Earl of Arundel, Earl Marshal of England, was sent Ambassador to this new Emperor, to whom he presented the conditions of the Prince-Elector-Palatine his great sufferings; and the Ambassador endeavoured to prevail with the Emperor for his Restoration, which he hoped his now Imperial Majesty would be disposed unto: but all the Answer he could obtain of the Emperor was, that in time no doubt some consideration might be had of him for enjoying the lower Palatinate; but for the other it much concerned the Duke of Bavaria, who was in possession thereof: and that Duke declared himself, that what he had got with so much hazard of his Person, and expence of Treasure won by the Sword, he would now maintain with the same Power, he being in Possession. But the Ambassador being highly dissatisfied with the Emperors slight Answer, and indeed affront, retired for England without taking leave of the Emperor.
'Whereas the Kings Majesty, out of His Princely care to the Health and Safety of His Subjects, and to prevent the danger that might arise to them by their resort to London or West-minster about the occasion of the Term, in times of Infection of the Plague there; did therefore, by His Proclamation dated the 6th of September last, signifie His Pleasure, That part of Michaelmas-Term next should be Adjourned, according to those Returns mentioned in that Proclamation, and then did think fit to Adjourn the same, as in the Proclamation is expressed.
This Year His Majesty sending His Writs for Ship-money into the In-land Counties, (which were not sent unto by the first Writ (that Writ going only to Maritine Towns;) In this manner was the Distribution made.
Distribution of Ships to the several Shires of England and Wales, with their Tonnage, number of Men, and Charge, together with the Sum set on the Corporate Towns in each County.
|Berkshire one Ship of||400||160||4000l.|
|Corporate Towns. Tunns.||Town of Windsor,||100.|
|Town of Workingham,||050.|
|Burrough of Newbury,||120.|
|Burrough of Redding,||260.|
|Burrough of Abington,||100.|
|Burrough or Town of Wallingford,||020.|
|Buckinghamshire one Ship of||450||180||4500l.|
|Corporate Towns.||Burrough of Buckingham,||70.|
|Burrough of Chippingwickomb,||50.|
|Bedfordshire one Ship of||300||120||3000l.|
|Town of Bedford,||140.|
|Bristol one Ship of||100||040||1000l.|
|Cambridgeshire one Ship of||350||140||3500l.|
|Burrough of Cambridge,||100.|
|Cumberland & Westmorland one Ship of||140||056||1400l.|
|Corporate Towns in Westmorland Cumberland.||Burrough of Kerkby Kendall,||15.|
|Burrough of Appleby,||05.|
|City of Carlisle,||20.|
|Cheshire one Ship of||300||120||3000l.|
|City of Chester,||260.|
|Darbyshire one Ship of||350||140||3500l.|
|Corporate Towns.||Burrough of Darby,||175.|
|Burrough of Chesterfield,||50.|
|Duresme one Ship of||200||80||2000l.|
|City of Duresme and Framwellgate,||150.|
|Essex one Ship of||800||320||8000l.|
|Corporate Towns.||Burrough of Thaxted,||40.|
|Town and Parish of Walden,||80.|
|Town of Colchester,||400.|
|Burrough of Malden,||80.|
|Burrough of Harwike,||20.|
|Gloucestershire one Ship of||550||220||5500l.|
|Corporate Towns.||City of Gloucester and County thereof,||500.|
|Burrough of Tewksbury,||60.|
|Burrough of Chipping-Campden,||20.|
|Hampshire one Ship of||600||240||6000l.|
|Corporate Towns.||Burrough of Portsmouth,||60.|
|Town of Southampton,||195.|
|City of Winchester,||190.|
|Burrough of Andover,||50.|
|Town of Romsey,||30.|
|Town of Basingstoke,||60.|
|Herefordshire one Ship of||350||140||3500l.|
|Corporate Towns.||City of Hereford,||220.|
|Burrough or Town of Leompster,||44.|
|Hertfordshire one Ship of||400||160||4000l.|
|Corporate Towns.||Burrough of Hertford,||55|
|Burrough of St. Albans,||220.|
|Burrough of Barkhampstead,||25.|
|Huntingtonshire one Ship of||400||80||2000l.|
|Corporate Towns.||Burrough of Huntington,||50.|
|Burrough of Godmanchester,||80.|
|Lancashire one Ship of||400||160||1000l.|
|Corporate Towns.||Burrough or Town of Preston,||40.|
|Town of Lancaster,||30.|
|Town of Liverpoole,||25.|
|Town of Wigan,||50.|
|Town of Clethrowe,||7l. 10s.|
|Town of Newton,||7l. 10s.|
|Leicestershire one Ship of||450||180||4500l.|
|Burrough of Leicester,||200.|
|London two Ships, each of||700||280||14000l.|
|Middlesex one Ship of||500||200||5000l.|
|City of Westminster and Liberties,||1180.|
|Monmouthshire one Ship of||150||60||1500l.|
|Corporate Towns.||Burrough of Monmouth,||40l.|
|Burrough of Newport,||23l. 9s. 9d.|
|Northamptonshire one Ship of||600||240||6000l.|
|Corporate Towns.||Town of Northampton,||200.|
|Burrough and Parish of Higham-Ferres,||36.|
|City of Peterborow,||120.|
|Burrough of Daventry,||50.|
|Burrough of Brackley,||50.|
|Nottinghamshire one Ship of||350||140||3500l.|
|Corporate Towns.||Town of Nottingham,||200.|
|Town of Newark upon Trent,||120.|
|Town of East Retford,||30.|
|Northumber landshire one Ship of||210||84||2100l.|
|Corporate Towns.||Town of Newcastle upon Tyne,||700.|
|Burrough of Barwick upon Tweed,||20.|
|Town of Morpeth,||20.|
|Norfolk one Ship of||780||316||7800l.|
|Corporate Towns.||City of Norwich,||500.|
|Burrough of Kings-Lynne,||300.|
|Burrough of Great Yarmouth,||220.|
|Burrough of Thetford,||30|
|Burrough of Castlerising,||10|
|Oxfordshire one Ship of||350||140||3500l.|
|Corporate Towns.||City of Oxon,||100.|
|Town of Burford,||40.|
|Burrough or Town of Chippingnorton,||30.|
|Town of Henly upon Thames,||60.|
|Burrough of Woodstocke,||20.|
|Rutlandshire one Ship of||80||32||800l.|
|Surrey one Ship of||350||140||3500l.|
|Corporate Towns.||Town of Guilford,||53.|
|Burrough of Southwark,||350.|
|Town of Kingston on Thames,||88.|
|Sussex one Ship of||500||200||5000l.|
|Corporate Towns.||Town and Port of Hastings, with the Members thereof,||250.|
|City of Chichester,||150.|
|Burrough of Arundel,||20.|
|Burrough of Shoreham,||10.|
|Suffolk one Ship of||800||520||8000l.|
|Corporate Towns.||Town of Ipswich,||240.|
|Burrough of Orford,|
|Burrough of Alborough,||8.|
|Town of Dunwich,||4.|
|Town of Southwold,||8.|
|Town of Hadleigh,||120.|
|Town and Burrough of Eye,||30.|
|Staffordshire one Ship of||300||120||3000l.|
|Corporate Towns.||City of Litchfeild,||150.|
|Burrough of Stafford,||30.|
|Burrough of Newcastle under Lyne,||24.|
|Burrough of Walsall,||32.|
|Warwickshire one Ship of||400||160||4000l.|
|Corporate Towns.||City and County of Coventry,||266.|
|Burrough of Warwick,||100.|
|Town or Burrough of Brimingham,||100.|
|Town of Sutton-Colefeild,||80.|
|Burrough of Stratford on Avon,||50.|
|Worcestershire one Ship of||350||140||3500l.|
|Corporate Towns.||City of Worcester,||233.|
|Burrough of Evesham,||74.|
|Burrough of Bewdly,||62.|
|Burrough of Droitwich,||62.|
|Town or Burrough of Kidderminster,||27.|
|Wiltshire one Ship of||700||280||7000l.|
|Corporate Towns.||City of New Sarum,||240.|
|Burrough and Town of Marleborough,||100.|
|Burrough of Devises,||50.|
|Burrough of Chippenham,||30.|
|Burrough of Wilton,||5.|
'The heavy Judgment of God in his present Visitation in the Cities of London and Westminster, and divers other parts of the Kingdom at this time with the Pestilence, ought to move Us to acknowledge the immediate, Hand of God therein, for the sins of this Land, thereby to afflict and correct his People.
'And His Majesty having taken into His Religious Care, that in common Calamities the special means to remove evil is by serious humiliation to implore the Grace and Favour of that Supreme offended Majesty who can only heal it, hath thought fit to command a general and publick Fast be held through the whole Realm, in such manner as in His Proclamation is directed.
Instructions from His Sacred Majesty to the Arch-bishops and Bishops of Scotland.
'That in the Kalendar you keep such Catholick Saints as are in the English; that you pester it not with too many, but such as you insert of the peculiar Saints of that Our Kingdom, that they be of the most approved; and here to have regard to those of the Blood-Royal, and such Holy Bishops in every See most renowned; but in no case omit St. George and Patrick.
'That you insert amongst the Lessons ordinarily to be read in the Service, out of the Book of Wisdom the 1, 2, 3, 4, 5, and 6. Chapters, and out of the Book of Ecclesiasticus the 1, 2, 5, 8, 35, and 49. Chapters.
'That every Bishop within his own Family twice a day cause the Service to be done; and that all Arch-bishops and Bishops make all Universities and Colleges within their Diocesses to use daily twice a-day the Service.
- Lord Arch-bishop of Canterbury,
- Lord Keeper,
- Lord Treasurer,
- Lord Privy-Seal,
- Lord Duke Lenox,
- Lord Marquess Hamilton,
- Lord Great Chamb.
- Lord Admiral,
- Lord Chamberlain,
- Earl of Dorset,
- Earl of Salisbury,
- Earl of Berks,
- Lord Goring,
- Mr. Treasurer,
- Mr. Comptroller,
- Mr. Secretary Windebanck,
- Lord Chief-Justice of the Common-Pleas.
This day was presented to their Lordships the several Accounts following, the same having been by directions from their Lordships Examined and Audited by George Bingly Esq; one of His Majesties Auditors of the Imprests.
First, the Account of Sir William Russel Knight and Baronet, Treasurer of his Majesties Navy, as well of what Monies he hath received upon His Majesties Writs issued forth Anno 1636. as also what he hath issued and expended, in setting forth to Sea in Warlike manner sundry of His Majesties Ships imployed to Sea the Summer following, the Year being the 1637. for the safeguard of the Seas, and defence of this Kingdom; the Abstract whereof followeth.
Next the Account of John Crane Esq; Surveyor-general of the Victuals for the Marine Causes, for victualling of His Majesties Ships imployed in the Year 1637. as aforesaid for the safeguard of the Seas, and defence of the Realm; an Abstract whereof is as followeth.
Their Lordships having considered and approved of the said Accounts, did this day Sign the same, and Order that one of each of the said Officers Accounts being signed by their Lordships, should be forthwith sent into the Pipe-Office, one other of each should remain with His Majesties said Auditor, and a third be delivered to each of the said Accountants respectively. And that an Abstract or Brief-state of each Account should be entred in the Council-Book. And as concerning the surplusage due to each of the said Accountants (as by their said several Accounts appeareth) It was Ordered that the same should be allowed by the Auditor upon their next Accounts respectively, for the Year 1638. whereof as well the Auditor as each of the said Officers Accountants were to take notice and to see the same duly performed accordingly.
- Lord Arch-Bishop of Canterbury.
- Lord Keeper.
- Lord Treasurer.
- Lord Privy-Seal.
- Lord Chamberlain.
- Earl of Dorset.
- Earl of Salisbury.
- Lord Keeper.
- Mr. Comptroller.
- Mr. Secretary Windebanck.
- Lord Chief Justice Littleton.
A Warrant to Sir William Russell Knight and Baronet, and Henry Vane Esquire, Treasurers of His Majesties Navy.
Whereas by Our Letters of Instructions of the first of December last, sent with His Majesties Writs to the Sheriffs of the several Counties in the Kingdom, it is expressed, that there should be an allowance of six-pence in the pound given to every Sheriff, when the full sum charged on his County should be paid in to you the Treasurers of His Majesties Navy: These shall be therefore to Will and Require you to make such an allowance of six-pence in the pound to all High-Sheriffs of Counties, as to Majors or Chief Officers of Corporations within the same, that either have already paid, or shall hereafter pay in the full sum, charged upon every of them respectively for the said service, taking several receipts for the same, under the hands of the said Sheriffs and head Officers, or such as they shall imploy, for which you are to have allowance in your Account; for which this shall be a sufficient Discharge and Warrant, as well to you as to the Principal Officers and Commissioners of the Navy, for passing those receipts in your Accounts, and to His Majesties Auditor to allow thereof. Dat. ultimo Maii 1640.
This day was brought unto this Bar, John Ray of London Merchant, against whom Sir John Banks Knight, His Majesties Attorney-General, did inform Ore tenus on his Highness behalf, that the said Ray had committed several great offences worthy the Censure of this Court, which would appear by several examinations taken of him, whereunto his Name was subscribed, which His Majesty's said Attorney prayed might be shewed unto him the said Ray, and read in the Court; and that thereupon the Court would impose such a Censure on him for his said Offences, as their Lordships in their great wisdoms should hold fit. Whereupon the said Delinquent's several examinations were shewed, being by him acknowledged, they were openly read in the Court, and were as followeth: The Examinant having shewed unto him a Letter to my loving Friend Mr. Henry Baldroe Merchant at Mr. James Deckwers house in Rotterdam, beginning thus; Quinborow the 4th 1630. Mr. Baldroe according to your Letters, &c. and ending thus, and so I rest your loving Friend, and subscribed John Ray. He saith that it is his hand-writing; being demanded what the Commoditie was whereof in the Letter is mentioned; he saith the Commodities were Fullers-Earth, for he saith that near about that time, he sent from Rochester into Holland threescore and sixteen loads of Fullers-Earth to Henry Baldroe a Norfolk-man, that resides at Rotterdam. He sayeth also that the Fullers-Earth was bought by a man of Leyden in Holland who paid the Examinant for the Fullers-Earth after the rate for four Gilders; he saith that he bought the Fullers-Earth of one Richard Rods of Maidstone at the rate of six Shillings the load, besides twelve-pence to Litherman.
This Fullers-Earth was loaden in the Ship called the Hope for Grace, whereof John Coldee was Master from Rochester. Being demanded whether those Goods were entred in the Custom-House, he saith that they were entred for the Port of Lynn, as he remembreth, and a Port-coquet was made accordingly. Being demanded who were bound for the discharge at Lynn, and for bringing a Certificate; saith that himself and the Master were bound, but what Certificate was procured he knows not, nor from whence. And there was one Custom paid for the Fullers-Earth, but assured he is, that it was landed in Holland. He saith that he shipped this Earth within seven or eight days, before the birth of Prince Charles, His Majesty's Son; and he remembreth it better, for that while he was at Rochester, Bonefires in token of joy of His Birth were made; and it was shortly after His Majesties Proclamation, inhibiting transportation of Wooll and Fullers-Earth. But he saith he cannot tell whether he had notice of the Proclamation or not? But he well knew that he intended to take benefit of His Majesties gracious Pardon granted forth about that time. He also saith that since that time he hath not shipped any Fullers-Earth, but about six years past he shipped over some other Fullers-Earth, all which matters being contained in his first examination, he confesseth in his further examination taken by His Majesties now Attorney-General as true; and also saith, that Robert Cosens of Horsely-down about a year since transported four or five Barques loading of Fullers-Earth to Skeedam in Holland, and there sold it; and that a Plumber in Tower-street, and a Plumber in Rochester, whose names he knows not, were secret at the Custom-House, that the said Fullers-Earth should not be transported. Upon grave and deliberate consideration whereof, the Delinquent being now at the Bar, who was demanded by their Lordships what answer he could make thereunto for his defence or extenuation of his Offences; the whole Court was of opinion, and did declare, that the said Delinquent John Ray had committed (as appears by his own examination) two several offences both of great consequence and of a high nature, in transporting of Fullers-Earth out of this Kingdom, contrary to His Majesties Proclamation, whereby he did what in him lay to rob the Kingdom of the Trade and Manufacture of making Cloth, which is the support and livelihood of a very great number of the Poor sort of People of this Realm, and deceiving His Majesty of the Customs by colour of a Port-Coquot, which he gained to colour his deceit, and to carry away the said Fullers-Earth with security; both which Offences as they are of a high nature, so in their Lordships Opinions they deserved a very sharp, severe and exemplary punishment; and therefore the whole Court, and all the Honourable Presence there sitting, have with an unanimous consent, thought fit, ordered, adjudged and decreed that the said John Ray shall, for his Offences aforesaid, stand and be committed to the Prison of the Fleet, there to remain during His Majesties pleasure; and that if His Majesty shall at any time hereafter be graciously pleased to enlarge the said Defendant, it is then Ordered and Decreed, that before such his enlargement, he shall become bound with good Sureties for his good behaviour hereafter: and it is withal Ordered and Decreed, that the said John Ray shall pay a Fine of 2000l. to His Majesty's use, and shall also be set in the Pillory, with a Paper on his Head, declaring the nature of his Offences, to the end others may by his Example be deterred from daring to commit the like Offences hereafter.
This day came to be heard the Matter of Complaint exhibited into this Court by Sir John Bankes Knight, His Majesties Attorney-General, Plaintiff against Henry Fluter, Henry Sweeting, Peter Hern, John Terry, Arnold Brames, Isaac Gold, Randal Crew, Francis Brogden, Luke Lee, Timothy Eman, John Perryn and Edward Vaghan, for transporting of Gold and Silver out of this Kingdom into Foreign parts, and for culling out the weightiest Mony, and for melting down His Majesties Coyn into Bullion, and giving above the prices of His Majesties Mint for Gold and Silver (as by the said Information more at large, it doth and may appear.) In the Opening and Prosecution of which Cause, His Majesties said Attorney informed the Court, that in pursuance of their Lordships Order at Council-Board, he did before Issue joyned in this Cause, enter a Rule, that he would not at this time proceed in the Examination of any Witnesses, touching the buying of Gold and Silver above the price appointed to be given at His Majesties Mint, but reserve that part of the Cause to be Examined, Heard and Considered of hereafter, if their Lordships should think fit. Thereunto their Lordships again consented, holding it most meet so to be done. And upon full and deliberate hearing of the other matters complained of against all the before-named Defendants, except Francis Brogden, whom His Majesties said Attorney did not now proceed against by direction of this Court, in respect he was gone beyond the Seas before his Cause was set down to be heard, and was not yet returned, as was verified by Oath. It appeared that notwithstanding His Majesty out of His Princely Care for the good of His Subjects, foreseeing the dangerous consequences, which would ensue the transportation of Gold and Silver out of this Kingdom, did by His Proclamation and Articles Vicessimo quinto Maij tertio Caroli, Prohibit and Command, that no Person should then after without His Majesties License, Transport, Carry and Convey out of this Realm any Gold or Silver, either in Coin, Plate, Vessels, Jewels, Gold-Smiths-work, Bullion or other Mass, or otherwise whatsoever. And that no Person should Aid, Assist, Counsel, or any ways Partake, or Consent with any other Person, purposing or attempting to Transport, Carry or Convey out of this Realm any Gold or Silver, in any Species or Kind as aforesaid, either by gathering or getting together such Gold or Silver, or by packing up the same fit for Transportation, or Conveying the same to or towards any Port, Haven, or other place of Exportation, or by any other way or colour. And that no Goldsmith, Finer, or Parter, or other Person whatsoever, of what Mistery, Trade, or Quality soever, should melt, or cause to be molten any Gold or Silver Coins, which were then, or hereafter should be the Currant Monies of any His Majesties Realms or Dominions, either to make Plate, Vessel, or for any other Manufacture or Use, or should cull or sort from the rest any the weightier Monies, to the intent to convey the same out of this Realm, or to otherwise alter it from Coin, the same being also contrary to divers Laws and other Proclamations: yet the said Defendant Henry Sweeting, between the month of April 1629, and the month of June undecimo Caroli, did send the sum of fifteen hundred pounds to Dover by a Foot-Post, and willed him to send the same over to Callis, to one John Lovell, a Merchant there; which he did according to the said Sweeting his directions. And the said Defendant Peter Hern, within the space of two or three years last past, sent by the said Foot-Post to Dover about 3000l. to one Nathaniel Pringall, who as himself confessed, sent the same over to Callis in France; and the said Hern (as himself also confessed to one of the Witnesses (whose Testimony was now read) at another time sent 500l. to Callis to one Isaac Lamews. And the said Defendant John Terry sent up one Rainger a Foot-Post 200l. to one John Wallopp of Dover, who at that time shewed the said Rainger a Letter from the said Terry, to him the said Wallopp, to send the said two hundred pounds to one Peter Pool at Callis, which the said Wallopp did, and accordingly as he afterwards told the said Rainger and the said Terry about three or four years since, sent one hundred and fifteen pound more to the said Wallopp to Dover, who sent the same to Callis to the said Peter Pool, as he was directed. And the said Arnold Brames (as himself confesseth) hath within seven years last past sent divers quantities of Foreign Coin and Bullion into France, Flanders, and other Foreign Parts to coyn in Baggs, and the Bullion which came from Spain. It likewise plainly appeared to this Honourable Court, the Defendant Timothy Eman's constant course, from the year of our Lord God 1621, until the year of 1631, was to receive Merchants mony, and then to employ his Servants to Cull and Sort out by the Ballance, the heaviest Shillings and Sixpences, and afterward sold them by the Ounce, and thereby made three pound in the hundred profit, it being usual to find 14, 15, 16l. or more heavy in 100l. and in the year 1628, 1629, 1630, 1631, the said Defendant caused his Servants to cull 500000l. a-year, which did produce 7, or 8000l. yearly heavy mony, which in part he melted down into Ingots, and so sold them, and the greatest part he sold unmelted to the value of 20000l. and the said Defendant was also furnished by divers several persons with heavy cull'd English-mony, to whom he gave sometimes two Shillings and sometimes three Shillings in a hundred pound to have the Culling thereof; and the said Defendant Eman, from the year 1621, or 1622, to the year 1626, did melt down 5000l. and from 1626 to the year 1631 he did melt down 15000l. and had profit out of the said mony so melted down amounting to above 1000l. and the Defendant Henry Futter did buy and gather together light Gold, and did furnish one Violet with 1000l. of light Gold, beyond the Allowance of great Rates, knowing he either bought it either to transport himself, or to furnish Transporters therewithal. And the Defendant John Perryn (as himself confesseth, and is proved against him) bought certain quantities of heavy English Coyn, and melted the same into Bullion.
Upon grave and deliberate consideration of all which matters, the Court did declare and adjudge the said Defendants, Henry Sweeting, Peter Hern and John Terry guilty of Transportation of English Gold, and the Defendant Arnold Brames of Transportation of Foreign Coin and Bullion, into such several parts beyond the Seas, the Defendant Timothy Eman of Culling out and melting down the heavy Coin of this Kingdom for his own particular End and private Gain, the Defendant Henry Futter of buying light Gold, and selling the same again, to furnish Transporters, and the Defendant John Perryn of melting down His Majesties heavy Coin. All which Offences their Lordships held to be of a very great and dangerous consequence, and very prejudicial to the good and florishing estate of this Kingdom, and therefore to deserve a sharp and severe Censure. In respect whereof their Lordships, having well and gravely weighed the nature and quality of each particular man's Offence, have Ordered, Adjudged and Decreed, that the said Defendants, Henry Futter, Henry Sweeting, Peter Hern, John Terry Arnold Brames, Timothy Eman and John Perryn, shall all of them stand to be committed to the Prison of the Fleet, and pay for their several Fines to His Majesty's use as followeth; (viz.) Peter Hern, John Terry and Timothy Eman 2000l. a piece, Arnold Brames 1000l. Henry Futter, and Henry Sweeting 500l. a piece, and John Perryn 100l. And as touching the Defendants Isaac Gould, Randal Crew, and Luke Lee, albeit it did appear that they being East-Country Merchants, had transported out of the Kingdom, and carried over in their Ships several small sums and quantities of Rix-Dollers, which the Court holds and declares to be an offence punishable in that Court, if it be done without His Majesties License: Yet in respect it did not clearly appear that they had Transported any great quantities, and for that the necessity of the Trade requires the Exportation and carrying with them of some monies, to defray Customs and other necessary occasions in their Voyages to Norway; the Court did forbear at this time to censure them, and did dismiss and discharge them of and from any other attendance there-abouts hereafter. And for the Defendant Edward Vaughan it was Ordered he be dismissed and discharged of and from any further Attendance thereabouts hereafter.
Thomas Lord Coventry, Lord Keeper of the Great-Seal of England, his Speech or Charge, which he delivered by Command from the King, to all the Judges of England, being in the Court of Star-Chamber 14 die Februarii Anno Regni Regis Caroli xii Annoq; Domini 1636. Together with the King's Letters, Cases, and the Judges Opinions touching the Ship-mony.
All of you are the Witnesses of His Majesties Proceedings, though the Candour, and clearness of His own Heart exceedeth your Testimony, and your Testimony is not only fit to be declared in this place, but in all the places of the Realm. His Majesty hath now the third time sent forth Writs to require the aid of his Subjects, for the guard of the Dominion of the Seas, and safety of the Kingdom; this His Majesty did upon great deliberation and advice, and upon Important and Weighty Reasons. In the first year, when the Writs were directed to the Ports and the Maritime places, they received little or no opposition; but in the second year, when they went generally throughout the Kingdom (though by most well obeyed) have been refused by some, not only in some Inland shires, but in some of the Maritime places; and Actions have been brought against some that have been employed about the Execution of those Writs. I suppose no man will expect Arcana Regni, the private Reasons of a Prince, should either upon this, or other occasions, be made more publick; but so many reasons as were fit to be opened, were formerly declared by me in this place to you the Judges of this Realm.
The first was, That the whole Kingdom is concerned in point of safety: for admitting there were no other Council, or Attempt against us, but only to interrupt us in the Dominion of the Sea, our most secure and safe defence, better than either Castle or Forts, which if it be Commanded by others, it lays us open to much peril and danger.
Secondly, The whole Kingdom is concerned in point of Honour; for it is one of the most Antient and Honourable Rights of the Crown of England, even the Dominion of the Sea; and all Records do show, how the Kings and People of England have ever been careful, that this Honour should never perish; and certainly the whole Kingdom is concerned in point of Trade, and Profit; for the Traffique doth not only inrich the Maritime places, but the Inland Towns; and if Trading fail, the Inland places will find it in the fall of the Prices of Wooll, Lead and Staple Commodities: this, experience showeth daily, when upon every stop of the Vent of Cloth, there cometh such outcries by the Weaver, Fuller, Spinner, and Wool-growers themselves; and the Authority of the Laws sheweth the same in the Book of Assize 43, which your Lordships know better than I. It appeareth that certain men went into the Country and cast out a fame, that for that year no Wooll should be transported beyond the Seas; presently upon this the price of Wooll fell, and those men were called into question, and adjudged in a Fine for it. Now if a Rumor did so much abate the Trade in the heart of the Kingdom, what would the loss of the Dominion of the Sea do, which exposeth Us, and all our Trade to the mercy of our Neighbours? therefore sithence the Realm, and the whole Realm is concerned in point of Honour, Safety and Profit, what Reason, but all should contribute to the maintenance of it? This, or to this effect I did formerly declare to you (the Judges) by His Majesties Commandment, and His Majesty received satisfaction in that you made a full Declaration thereof in your Circuits; and this I may say for the most part, the Subjects have shewed themselves most dutiful and obedient in this service of His Majesties, and this year the sum imposed on the County of York being 12000l. is brought in already by the Sheriff, and so is most part of Lancashire, and other Shires; but when His Majesty heard of some refusals, though he had cause to be sensible of it, yet was far from being transported with Passion, but thought good to resort to the advice of you His Judges, who are sworn to give him faithful and true Counsel, in that which appertaineth to the Law, and this His Majesty for the direction of His own course, as for the satisfaction of His Subjects, required you to deliver your Opinions herein, to which you returned an Answer under your own hands; and because the Commandment which you received from the King is expressed in a Princely Letter under his own Signature, I shall not take upon me to repeat it; you shall hear it read; which being delivered by my Lord Keeper, to one of the Clerks in Court, was read to this or the like effect.
Trusty and well-beloved, We greet you well, taking into Our Princely Consideration, that the Honour and Safety of this Our Realm of England, (the preservation whereof is only entrusted in our Care) was and is now more nearly concerned than in former times, as well by divers Counsels and attempts to take from us the Dominion of the Sea, of which we are the sole Lords, and rightful Owners, the loss whereof would be of great danger and Peril to this Kingdom, and other our Dominions; We for the avoiding of these and the like Dangers, well weighing with Our selves, that where the good and safety of the Kingdom in general is concerned, and the whole Kingdom in danger, there the Charge and Defence ought to be borne by all the Realm in General; did for prevention of so publick a Mischief, resolve with Our Selves to have a Royal Navy provided, that might be of force, and power, with Almighty God's Blessing and Assistance, to protect and defend this our Realm, and Our Subjects therein, from all such Perills, and Dangers; and for that purpose we issued forth Writs under Our Great-Seal of England, directed to all our Sheriffs, of all our several Counties of England and Wales, Commanding thereby all Our said Subjects in every City, Town and Village, to provide such a number of Ships well furnished, as might serve for this Our Royal Purpose, and which might be done with the greatest equality that could be, in performance whereof, though generally throughout all the Counties of this Our Realm, We have found in Our Subjects great Chearfulness and Alacrity, which we graciously interpret as a Testimony as well of their dutiful Affections to Us and Our Service, as of the respect they have to the Publick, which well-becometh every good Subject: Nevertheless, finding that some few, haply out of ignorance what the Laws and Customs of this Our Realm are, or out of a desire to be eased, and freed in their Particulars (how general soever the charge ought to be) have not yet paid and contributed the several Rates and Assessments that were set upon them; and foreseeing in Our Princely Wisdom, that from hence divers Suits and Actions are not unlikely to be Commenced and Prosecuted in Our several Courts at Westminster: We desirous to avoid such inconvenience, and out of Our Princely Love, and Affection to all Our People, being willing to prevent such errors as any of Our Loving Subjects may happen to run into, have thought fit in a Case of this Nature to advise with you Our Judges, who we doubt not are all well studied and informed in the Right of Our Soveraignty; and because the Trials of Our several Courts, by the formality of Pleading, will require a long protraction, We have thought expedient by this Our Letter directed to you all to require your Judgments in this Case, as it is set down in the inclosed Paper, which will not only gain time, but also be of more Authority to over-rule any prejudicate opinions of others in the Point.
'When the good and safety of the Kingdom in general is concerned, and the whole Kingdom in danger, whether may not the King, by Writ under the Great Seal of England, command all the Subjects of Our Kingdom at their charge to provide and furnish such a number of Ships, with Men, Victuals, and Munition, and for such time as we shall think fit for the defence and safeguard of the Kingdom from such danger and peril, and by Law compel the doing thereof, in case of refusal or refractoriness? and whether in such a case is not the King the sole Judge both of the danger, and when, and how the same is to be prevented and avoided?
We have, according to Your Majesties Command, every Man by himself, and all of us together taken into serious Consideration the Case and Question Signed by Your Majesty, and inclosed in Your Royal Letter; and we are of opinion, that when the good and safety of the Kingdom in general is concerned, and the Kingdom in danger, Your Majesty may, by Writ under the Great Seal of England, command all Your Subjects of this Your Kingdom, at their Charge to provide and furnish such a number of Ships, with Men, Victuals, and Munition, and for such time as Your Majesty shall think fit for the defence and safeguard of this Kingdom from such danger and peril: and that by Law Your Majesty may compel the doing thereof in case of refusal, or refractoriness: and we are also of opinion, that in such case Your Majesty is the sole Judge both of the danger, and when, and how the same is to be prevented and avoided.
- John Bramston,
- John Finch,
- Humphry Devenport,
- John Denham,
- Richard Hutton,
- William Jones,
- George Crooke,
- Thomas Trevor,
- George Vernon,
- Francis Crawley,
- Robert Berkley,
- Richard Weston.
The said Letter of the Kings, the Case and Judges Opinions thereupon, being then distinctly read in Court in the presence of all the Judges, except Judge Crooke, who at that time was indisposed as to his health, the reading of which so publickly seemed a surprize to some of the Judges present; the Lord Keeper proceeded and spake as followeth.
'This being the uniform Resolution of all the Judges Opinions with one Voice, and set under their own Hands: I say this being so resolved as they do here express upon every Man's particular studying of the Case, and upon a general Conference among themselves, it is of very great Authority; for the very Lives and Lands of the King's Subjects are to be determined by the Judgment of these Reverend Judges, much more a Case of this nature, which God knoweth cannot be burdensome to any, but is of singular use and consequence, and for the safety of the whole Kingdom.
'The Commandment from His Majesty is, That I should publish this your Opinion in this place, and give order that it should be entred in this Court, in the High Court of Chancery, in the Courts of Kings-Bench, Common-Pleas, and Exchequer; for this is a thing not fit to be kept in a corner: And His further Command is, That you the Judges do declare and publish this general Resolution of all the Judges of England throughout all Parts of the Kingdom, that all Men may take notice thereof, and that those His Subjects which have been in any Error, may Inform themselves, or be Reformed.
'You have great cause to declare it with Joy, and you can hardly do it with Honour enough to the King, that in so high a Point of His Sovereignty he hath been pleased to descend, and to communicate with you His Judges; which sheweth, that Justice and Sovereignty in His Majesty doth kiss each other.
'His Pleasure further being, That you let all know, that it is not His Purpose by this Resolution to stop or check the Actions or Suits which any have brought, or shall bring concerning this; for it is His Majesties Command, That all such as proceed in an Action about the same, shall have equal and meet Justice, and that they be suffered to proceed in Course of Law, so as you call the King's Learned Council unto their Proceedings, that they may not be surprized.
'Now, my Lords, I have little more to say, but this I am sure of, that if any contrary opinion shall yet remain among Men, it must proceed from those that are Sons of the Law, or from some not towards the Law. Of the latter I will say, (Felices demum essent artes side illis solum judicarent Artifices.) And as to the former, you the Judges of the Realm, are, and ever have been accounted the Fathers of the Law, then will it ill-become the Son to dispute against, or take upon him to be wiser than the Father. Having thus delivered unto you, that which I received in Commandment from His Majesty; as His Majesty doth, so do I, leave it to your Judgments.
Here followeth the first part of the Lord Keeper's Speech to all the said Judges this day, which was Postponed, because that which is before-mentioned was pertinent to the great Question in hand concerning Ship money; but his Lordship in the beginning declared to the said Judges what he had in command from His Majesty concerning Matters relating to their respective Circuits, and spake to this purpose.
My Lords the Judges,
The Term being now at an end, and the Assizes at hand, His Majesty hath commanded, that according to the Custom in former times, so now you should in this place receive some directions for the execution of Justice in all Parts of the Kingdom whereto you resort. This (as it may justly be) is a great comfort to His Majesties Subjects to see His Majesties care herein, which as it is a Testimony of their own Happiness in receiving Justice from the King Himself the Fountain of Justice, so it may as justly add strength and encouragement to you when you go your Circuits, not only to be armed with your own Authority by Commission, but with your Princes Instruction. In the doing of Justice you will find things of several natures and degrees. In some Pleas before you Commutative Justice beareth sway, as in that which is Meum & Tuum: In others Distributive Justice, as in Prœmium & Pœnam; some concern one, and a few others concern the multitude, others concern the King and all the King's People. In some Pleas things are drawn a-fore you that are ad Nocumentum of this and that particular Town: Some ad Nocumentum totius Regni: Some things are drawn a-fore you that are Contra Pacem Regis, and others Contra Coronam & Dignitatem Regis. And in this variety of business, that as there are many of a lesser and lower degree, yet not to be omitted; so you have Graviora Legis, upon which you are to pitch your Mark, hœc oportet fieri illa non omittere. In that Justice which you are to do between Party and Party, His Majesty doth require you, as in all His Courts here, so in your Circuits you administer impartial Justice, and redress vexatious and wrangling Suits, not worthy the Dignity of your own Persons, and the Court where you sit; for these actions, as they empty the spleen on the one side, so they never fail to empty the Purses on both sides. But besides the doing of Justice between Man and Man, there is much more expected from your Lordships: For the publick business of the Country is of much more importance than the Tryal of a Nisi prius, and fitting you should esteem them so. And therefore it is His Majesties Command, that those Services which concern Himself, and the Publick, be timely thought of, and not posted off to the end of the Assize. Now a-fore all other things the advancement of Religion and Piety towards God, the Peace of the Church, and the execution of those Laws that tend to these ends ought to have the first place. As oft as I have had occasion to speak to you here, I have seldom spared to give you a Charge of the Laws against Recusants; and I must reiterate it now, for if you convict them not in the Country, there is like to be little reformation or profit to His Majesty. And whosoever they be that will not be found in the Church, it behoveth you to take order that they be found in the Exchequer. Next place, that you proceed roundly against capital and fellonious offenders, especially Robbers in the High-way, who now march in Troops after a high hand. As a good Judge ought in Court to shew severity to those in the Goal, so the ablest and activest Men in the Shire ought to do their utmost endeavours for the apprehending of such offenders as are abroad, that when you are there or here at the Term, the Service may proceed in a good way, and you be made a terror to malefactors, as some of your Predecessors have been; for if your care be not great, malefactors will abound; therefore you must shew a severe and constant sway of Justice when they are found, and it will soon abate their pride, wherewith they now bear up themselves: and fit it is with an unanimous consent you all agree of one course, for if there be a remisness in any one Circuit, this leaveth a way to Malefactors to overthrow all reformation, and Justice is thereby discouraged. Next, Care must be had of those Laws that concern Luxury and Idleness, the suppressing and punishing of Vagabonds, the ordering and imploying of Houses of Correction, the repressing of Ale-houses and Tipling-houses, binding of Apprentices. If these were well and constantly observed, they would save many able Bodies which die miserably at the Gallows, and cut off a multitude of enormities that pester this Common-wealth, and lessen the number of Thieves and Robbers. And therefore your Lordships should do well to have a special care to the execution of those Laws. And this gives me occasion to put you in mind of those Printed Orders published by His Majesty in the Year 1630, wherein at first there was a direction given for an Accompt to be made by the Sheriff and Justices of the Peace. This same was orderly kept in divers places, in others not so well. It was afterwards advised by your selves, that the way of Accompt should be changed, and that you should receive it at the Assize, and present it to the Council-Board; yet it is my part to tell you it hath not so appeared by the Accompt that is come to the Council-Table, and it is expected a better be given by you at the next Term. Now in respect the publick Service dependeth much upon the Justices of the Peace in the Country, it will be necessary that you cast your Eye upon them, that they give due attendance at the Assize. It is their duty to do it, and yours to enforce it upon them. An Assize lasteth but few days: But the Instructions which they may receive from you in that short time may be of great use for the County for the whole Year. Also, that you examine whether they give due attendance at the Quarter-Sessions, although there is an express Article in their Oath that they should give it; therefore it is a thing very fitting and well-worthy your labour, that in the beginning of every Assizes you trust not the Clark of the Peace his Information, but that your selves do cast an Eye upon his Book, and command him to return the Names of such Justices of Peace as you find by his Book were absent at the Quarter-Sessions. Fit it will be that you let them know, that to prefer a Riding, or Bowling, or Hunting-Match before their attendance at the Quarter-Sessions, is little better than Perjury. And if your admonition will not serve the turn, a remedy shall be taken. Third place, It is necessary for you to enquire how they attend the monthly Meetings, or other times of Publick-service; for this I am sure they are all within one Commission, and have the same Oath, and the same Attendance is imposed upon all, and why the greatest number should exempt themselves, and leave the Publick-service upon a few, I know not. But if I may know the particular men (of which I hope I shall hence-forwards by your Lordships) I shall rid them out of the Commission and put others in their places.
An Humble Remonstrance to His Majesty against the Tax of Ship-mony imposed, laying open the Illegality and Inconvenience thereof, intended to have been presented by a private hand unto His Majesty; which met with obstruction, and was to this effect.
Most Gracious and Dread Sovereign,
We your Poor and Loyal Subjects of this your Realm of Enland, now grieved and oppressed with the late Taxes imposed on us, for setting out of divers Ships to guard the narrow Seas, without our Common Consent in Parliament thereunto had; do here in all Humility and Duty prostrate our selves and this our Remonstrance against the said Taxes, at Your Highness's Feet, beseeching Your Majesty of Your Royal Justice and Clemency, to take the same into Your most Just and Gracious Consideration, and thereupon to release us Your poor Subjects from this Intolerable Burthen and Grievance, under which we groan and languish, and know not how long it may continue.
And here first of all, we most humbly represent to Your most Excellent Majesty, that this Tax of Ship-mony is directly contrary to the Fundamental Laws and Liberties of this Your Realm of England, which Your Majesty, both in point of Justice and Honour is obliged inviolably to preserve, according to the Oath made to God and Your Subjects at Your Coronation, and Your frequent Printed Royal Protestations since, both in Your Answer to the Petition in the third year of Your Highness's Reign, in Your Royal Speech in Parliament, Printed therewith by Your Command, and in Your Declaration to all Your Loving Subjects of the Causes, which moved Your Majesty to dissolve the last Parliament, published by Your Special Command.
'The King willeth that Right be done according to the Laws and Customs of the Realm, and that the Statutes (recited in the Petition of Right) be put in Execution, that His Subjects may have no cause to complain of any Wrong or Oppression contrary to their Just Rights and Liberties (to the preservation whereof he holds himself in Conscience as well obliged as of His Prerogative) let right be done as is desired; and I assure you my Maxime is that the Peoples Liberties strengthen the King's Prerogative, and the King's Prerogative is to defend the Peoples Liberties. I do here declare, that those things which have been done whereby men had some cause to suspect the Liberty of the Subject to be trencht upon, shall not hereafter be drawn into example for your prejudice; and in time to come (in the Word of a King) you shall not have the like cause to complain. We are not unmindful of the preservation of the Just and Ancient Liberties of Our Subjects, which We secured them by Our Gracious Answers to the Petition of Right in Parliament, having not since done any Act whereby to Infringe them. But Our care is, and hereafter shall be, to keep them intire and inviolable, as We would do Our own Right and Soveraignty. We do also declare, that We will maintain the Ancient and Just Rights and Liberties of Our Subjects, with so much constancy and justice, that they shall have cause to acknowledge, that under Our Government and Gracious Protection they live in a more happy and free Estate, than any Subjects in the Christian World.
If then we shall make it appear to Your Majesty, that this Tax is against the Laws of this Your Realm, and the just ancient Rights and Liberties of Your Subjects, we doubt not, but Your Majesty out of Your Royal Justice and Goodness will be most Graciously pleased to exonorate us thereof, and never to draw it into Example more.
First, to the Statute of Magna Charta cap. 29. (thirty-nine times ratified in Parliament) 5 Edw. 3. cap. 9. 25 Edw. 3: Cap. 4. 28 Edw. 3. Cap. 3. 37 Edw. 3. Cap. 18. and to the late Petition of Right in the third year of your Majesties Reign.
Which Enact that no Freeman shall be taken, or diseised of his Freehold or Liberties, or Free-Customs, or to be Outlaw'd or Exiled, or otherwise destroyed nor passed upon, nor dealt with, but by the lawful Judgment of his Peers, or by the Laws of the Land.
But divers of your poor Subjects, by vertue and Authority of the Writs for Ship-mony, have been taken and imprisoned by Your Officers, their Goods and Cattle seized, distrained and sold, to their great damages and distraction, without any lawful Judgment first given against them, and before the Right or Title of this Tax, hath been legally heard and decided, against the tenure of this Statute.
Secondly, Against the Statute 25 Edw. 3. de Tallagio non concedendo. 14 Edw. 1. Stat. 2. Cap. 1. 25 Edw. 3. 11 Rich. 2. Cap. 9. 1 Rich. 3. Cap. 2. and the late Petition of Right ratified by Your Majesty, which Enact that no Tallage, Aid, Loan, Benevolence, nor any such like charge, shall be laid or levied, by the King or His Heirs of this Realm, without the good will and assent of Arch-Bishops, Bishops, Earls, Barons, Knights, Burgesses, and other Freemen of the Commonalty of this Realm.
By vertue of which Statutes Your Subjects inherited this Freedom, that they should not be compelled to any Tax, Aid, or any other like Charges not set by Common-consent in Parliament (as is recited in the same Petition) therefore not with this Tax, Tillage, Aid or Charge of Ship-mony, it being against these Acts, and not set by Common-consent in Parliament.
Thirdly, Against all the Acts of Tunnage and Poundage, and other Subsidies, which have from time to time in all Your Royal Progenitors Reigns been granted them, either for years, or term of their natural Lives, a certain Tax or Subsidy for the safe-guard and defence of the Seas, against Enemies and Pirates, as a free and voluntary Grant, Because they by themselves by their Royal Prerogative had no power to impose it on their Subjects. Some few of which we shall here recite.
First, 14 Edw. 3. Stat. 1. Cap. 20, & Stat. 3. The Prelates, Earls, Barons, and Commons in Parliament, granted the King the ninth Lamb, Fleece and Sheep, and the ninth part of all Goods and Chattels in Burroughs for two years space then next ensuing, to be taken and levied by lawful and reasonable Tax by the same two years made, for the good-keeping of His Realm, as well by Land as by Sea; and of His Wars as well against the Parties of Scotland, France and Gascoign, as elsewhere; with this promise, that this Grant so chargeable, should not another time be had forth in Example, nor fall to their prejudice in time to come. And that all the profits thereof, with others arising of the Realm of England, should be imployed for the maintenance of the Wars in Scotland, France and Gascoign, and in no place elsewhere during the said Wars.
Secondly, 5 R. 2. Par. 2. Stat. 1. a Subsidy of Tunnage and Poundage of two shillings of every Tun of Wine, and six-pence the pound of every Merchandize else imported (some few excepted) was granted to the King by Parliament for two years; during which time the Mariners of the West proffered the Parliament, to make an Army on the Sea; provided always the mony thereof coming to be wholly imployed upon the safe keeping of the Sea, and no part elsewhere. The Receivers and Keepers whereof were appointed by the Parliament in this Act, which appointed that the People of the said Sea-Army should have all the Lawful-Prizes shared between them; and the Admirals and others of the said Army should give assurance to save the King's Friends and Allies, without damage to be done to them or any of them, by any way; and if they did, and that be proved, they should bind them upon grievous pains thereof to make amends.
Thirdly, 4 Edw. 4. Cap. 3. The Commons of the Realm of England, granted a Subsidy called Tunnage, to the King for His Life, for the defence of the same Realm, and was especially for the safe-guard of the Seas; they are the words of the Act often repeated.
Fourthly, 1 Edw. 6. Cap. 31. 1 Mariœ Cap. 1. 18. 1 Eliz. Cap. 19. (for the grant of Tunnage.) All severally recite, that Hen. 7. Hen. 8. and other of those Princes Noble Progenitors, Kings of this Realm, time out of mind, have had granted unto them, and enjoyed the same for the time, being by Authority of Parliament (for the defence of the same Realm, and the keeping and safe-guard of the Seas for the entercourse of Merchandise, safely to come into, and pass out of the Realm) certain sums of mony named Subsidies, of all manner of Goods and Merchandise coming in, or going out of the Realm, &c.
Now shall such a grievous insufferable Tax as that which Hardicanute no hereditary Prince but a foreign Danish Tyrant imposed upon the People, to provide Ships of War be a President, who died drunk amidst his Cups, very shortly after, as all our Historians record, be made or deemed a just and lawful President for Your Majesty now to follow, God forbid.
That President of Hardicanute, and all former Presidents were before the Government of this Kingdom was settled by Magna Charta, and the other Statutes against Taxes, Tallages, Loans, Aids and Benevolences, without Common-consent in Parliament, enacted before Tonnage and Poundage granted, therefore impertinent to the present case.
The next President objected (the first and most pertinent of all others since that of Danegeld) is that of King John, Anno 1213, who being judicially deprived of the Crown and Kingdom at Rome by the Pope, at the earnest sollicitation of Stephen Langhton Arch-Bishop of Canterbury, William Bishop of London, and the Bishop of Ely; these Prelates departing from Rome, went into France, and there conspiring with the Bishops, and King Philip of France, against King John, they then solemnly published the Deposition and Sentence of the Pope given against him at Rome; and then in the behalf of the Pope they enjoyned as well the King of France, as all other men, as they would obtain the remission of all their sins, that uniting themselves together, they should all go into England in an Hostile manner, and depose King John from His Crown and Kingdom, and substitute another worthy man in His stead by the Pope's Apostolical Authority.
Hereupon the King of France prepared a very great and strong Army, and Navy, to invade both by Sea and Land to depose King John, and to get the Crown and Kingdom to himself: King John having perfect intelligence of all this, in the month of March commanded Ships excellently furnished to come together out of all the parts of England, so that he might with strong hand boldly resist those who intended to invade England; he likewise raised and gathered together a very great Army out of England and Ireland, and the places near adjoyning. Thus Mat. Westmonasteriensis, Anno 1213. p. 90. relates the story; Math. Paris adds this thereunto, that the King in the month of March caused all the Ships out of the Ports of England to be imbreviated by this Writ, which he directed to all the Bayliffs of the Ports in these words,
Johannes Rex, &c.
These two Writs therefore being divulged about England, there came together in the Sea-coasts in divers places, which the King most suspected, to wit, to Dover, Feversham and Ipswich, men of different Condition and Age, fearing nothing more than the report of Culvertage: But when after a few days there wanted Victuals for so great a multitude, the Chief Commanders of the Wars sent home a great Company of the unarmed vulgar, retaining only the Knights, their Servants and Free-men, with the Slingers and Archers near the Sea-coasts: moreover John Bishop of Norwich came out of Ireland with five hundred Soldiers, and many Horsemen to the King, and was joyfully received of him; all therefore being assembled to the Battel, and mustered at Dunham Downs; there were among the selected Soldiers and Servants, strong and well-armed sixty thousand valiant men, who had they had one heart and mind towards their Prince and Country, there had not been a Prince under Heaven against whom the Kingdom of England might not have defended it self. Moreover the King resolved to join a Battle at Sea with the Enemies, that he might drown them in the Sea before they should land, for he had a greater Navy than the King of France, whence he conceived greatest security of resisting the Enemy. Thus Math. Paris, Histor. Angliœ 1213. p. 224, 225. whose words we have related at large to clear and take off the edge of that prime President, in answering which, all since will be cleared from this Writ to Press and provide Ships and Ship-mony as now.
Thirdly, It was only to the Mariners, and Owners of Ships (not to any other Person) which being exempted from all Land-Service, were to serve the King and Kingdom at this pinch and opportunity by Sea; but this Writ is on all, as well those that have no Ships as others.
Fourthly, It was only to furnish out their Ships, not to contribute mony to hire the Kings, or others, or to build new of other or greater Burthen than these they had; these Writs now are contrary to this in all these respects, at least in intention, if not in execution.
Fifthly, Here was no levying of Money to be paid into King John's Exchequer, or Officers Hand, to provide or hire Ships as now; but every man was left to furnish his own Ships at his own best rate with his own Provision and Mariners: this quite otherwise.
Sixthly, Though the Mariners and Owners of Ships then were by this Writ to furnish Ships out at their own proper Costs, yet when they were thus furnished, the King was to pay them both Wages, Hire, and Fraught, as His Successors have ever done since, when they pressed any of their Subjects Ships or Carts, for War, or Carriage. These were the words, Ituri in servitium nostrum ad libertationes nostras; and the constant practice of all Kings in like cases, (yea of Your Majesty, who now pays Wages and Fraught for all the Mariners and Merchants Ships you press;) therefore this makes nothing at all for this enforcing the Subjects to set out Ships to guard the Seas, and serve Your Majesty at their own proper Costs and Charges, but point-blank against it.
Sir R. B. one of the Justices of Assize for the County of York did, at the Assizes held at York in Lent 1636, deliver his Charge to the Grand Jury, that it was a lawful and inseparable Flower of the Crown, for the King to command not only the Maritime Counties, but also those who are In-land, to find Ships for the defence of the Kingdom: And then likewise affirmed, that it was not His single Judgment, but the Judgment of all his brethren, witnessed by their Subscriptions.
And then also said, That there was a Rumor that some of his Brethren that had subscribed, were of a contrary Judgment; but it was a base and unworthy thing for any to give his Hand contrary to his Heart: and then wished for his own part, that his Hand might rot from his Arm that was guilty of any such crime; when as he knew (with which he was afterwards charged in Parliament) that Mr. Justice Hutton, and Mr. Justice Cook, who had subscribed, were of a contrary opinion, and was present when they were perswaded to subscribe, and did subscribe for conformity only, because the major number of the Judges had subscribed. And the said Judge of Assize then also said, That in some Cases the Judges were above an Act of Parliament.
Ferdinando the second, Emperor of Germany, being weakned in Body, resolves to settle the Empire, and calls a Dyet to meet at Ratisbone the midst of September this Year; where, after Consultation for Succession, the French under-hand promoted Bavaria, but the Poland Ambassador was for the Emperor's Son, already King of Hungary, to be Elected King of the Romans, by the Name of Ferdinando the third, and the Emperor afterwards died on the fifth of February following.
The King of Great Britain, upon the News of this Change in Germany, sends Thomas Earl of Arundel, Earl-Marshal of England, Ambassador to the New Emperor Ferdinando the third, Elected at this Imperial Dyet, to whom he presents the Condition of His Majesties Nephew the Palsgrave, having his Patrimony taken from him by the Emperor, and hoping for Restitution; but the Answer which the Ambassador received from the Emperor was, That he made no doubt in time he might be considered for enjoying the lower Palatinate; but for the other it much concerned the Duke of Bavaria in his present Interest and Possession, who would hardly be induced to a Treaty disadvantagious to himself; but Bavaria spake like a Souldier, that what he had got with so much hazard of his Person, and Expence of Treasure won by the Sword, he would now maintain with the same Power in the Possession. The Ambassador afterwards came away in disdain, not taking his leave at all; for the Eyes of all the Christian Princes were upon this His Embassy from the King of Great Britain, being in hope the Emperor would have done more in order to the Restauration of the Palatinate; so the Ambassador hastened home into England to give His Majesty an account of his Embassy.
This being the last time we shall have occasion in this our second Part to mention any thing concerning the Palatinate, give us leave a little to digress in Point of time, whereby to shew the King's continued care and endeavours for the recovery of the Palatinate for the good of his Sister and Nephews: Observe the Speech which His Majesty made in Parliament in the Month of July 1641, and the Manifesto which he then put forth, which we rather mention, that succeeding Parliaments may follow that Example; but that good Intention of the King and Parliament for the Restauration of that Family proved at that time ineffectual by the unhappy Wars that broke out in the Three Kingdoms presently after.
His Sacred Majesty of Great Britain, being resolved, in case this His last endeavours by His extraordinary (fn. 1) Ambassador sent to the Diet at Ratisbone, for a friendly accommodation of His Nephew, the Prince-Elector-Palatine's Affairs should prove fruitless, to have His said Embassy, without further loss of time, seconded by more powerful and effectual means, went to His Parliament on the 5th day of July (fn. 2) last, and there (after the dispatch of some other Affairs) presented the above-written Manifest, with these words.
'I Take this occasion to present to both Houses, that whereby I hope all the World shall see that there is a good understanding between Me and my People; it is concerning my Nephew, the Prince-Elector-Palatine, who having desired Me, by the advice of the King of Denmark, to assist him in a Treaty for his Restauration, at the Diet now held at Ratisbone by the Emperor: I could not but send my Ambassador for that purpose, though I much doubt that I shall not have so good an Issue of it as I wish: The which My Nephew fore-seeing, hath desired Me, for the better countenancing of his just demands, to make a Manifest in My Name; which is a thing of that consequence, that if I should do it without the advice of My Parliament, it would not be of much force. Therefore I do here propose it unto you, that by your advice I may do it; for that way I think it most fit to be published in my Name.
The said Manifest concerning the Restitution of the Electoral-Palatine's Family, having been seriously considered by both Houses, they together came to His Majesty in the Banqueting-House on the 12th of July last, where the Speaker delivered the Opinion and Resolution of the said Houses in this manner.
Both the Houses have seriously considered of it, and have commanded me to present these their humble Advices unto Your Sacred Majesty, which are expressed in this Declaration which hath passed the Votes of both Houses, and which I am commanded to read unto Your Majesty.
That this House doth approve of His Majesties Pious Intentions in the behalf of His Royal Sister, and His Nephew, the Prince-Elector-Palatine, and the rest of the Princes of that Family, and of the publishing this Manifest to that purpose; and that this House will be ready to give His Majesty such advice and assistance therein by Parliament, as shall stand with the Honour of His Majesty, and the Interest and Affections of this Kingdom, if the present Treaty shall not succeed.
Thus much was delivered by the Speaker of the House of Peers, both Houses then attending His Majesty in the Banqueting-House at Whitehall: To which His Majesty was graciously pleased to make them this Answer.
Charles, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, &c. To all to whom this present Manifest shall come greeting. To the end that the Endeavours of Our late Dear Father King James, of Blessed Memory, and Our own Proceedings since His Death, in the Cause of Our dear and only Sister, Brother-in-law, and Nephews Electors and Princes Palatine of the Rhyne may not be forgotten, or pretendedly unknown wherein We have studyed and laboured nothing more than Peace of Christendom, and the avoiding of Innocent Blood, by seeking the restitution and re-establishment of the Electoral-House-Palatine in their ancient Rights, Dignities, and Possessions within the Empire; out of which they have been by violence, and force of Arms, and other undue Proceedings, expelled and banished, contrary to the ancient Laws and Constitutions of the Sacred Empire: We have thought fit, for the vindication of Our own Honour, and to call to mind, and to publish to all the World both a Summary Relation of Our Actions and Endeavours past, and Our present Resolutions in the same Cause.
It cannot be unknown unto all the Princes and Estates of Europe, and more particularly to those who have had any Interest or Relation to the publick Affairs of Germany, how both Our selves, and Our Father have, during these Twenty Years past, by many and several Ambassages, Treaties, and other Negotiations, to Our great Expence and Charges, both with the late Emperor Ferdinand, the King of Spain, and other Princes and Estates of the Empire, endeavoured by all friendly and treatable means to procure the restitution and re-establishment of Our said dear Sister, Brother-in-law, and Nephews, in their ancient Rights and Possessions, as the only and possible way to settle a good and firm Peace in the Empire, and consequently with all Princes interessed therein; without which it is impossible to expect or hope for a good, durable, and honest pacification of those troubles which have already, almost rent and consumed, and involved all the Princes of Christendom in a most bloody and destructive War.
And for a clear demonstration of Our clear Intentions, not only Our own Pious inclination, and care of the publick Peace, hath induced Us to omit divers occasions, whereby We might, by such Power as God hath put into Our Hands, have prevented the violences and oppressions used to Our said Sister and Nephews; but We have been led on and invited thereto by divers Promises, Assurances, and reversal Letters, both from the late Emperor, and King of Spain, and other Usurpers of the Inheritances of the Electoral-House Palatine, that they would at last, in contemplation of Our Mediation, hearken and incline to a just and honest Peace by the restitution of the Estates and Dignities of Our dear Sister and Nephews, whereby We have been drawn, not only to pass by Our own, and the publick Interest, and to forbear to engage Our Arms in so just a Cause; but also have procured by Our Father, and Our Authority, the withdrawing and disbanding of the Forces of Count Mansfelt out of the Palatinate, and advanced divers Truces and Cessations of Hostility or Defence, only to prepare the way of amiable composition, according to the hopes and promises to that end given Us, and particularly have caused the Surrender and Deposition of some places of strength into the Hands of the late Infanta of Spain, upon reciprocal Assurances of a final pacification or restitution.
But what effects all these Our Peaceable and Christian endeavours have produced, and how all Our Pious Negotiations have been either delayed or deluded; thereby, and by process of time to root and establish the usurpations of the House-Palatine, and Our Patience and Piety thereby abused, is so manifest by the continued oppression of Our said dear Sister and Nephews, that we are forced to protest that there hath nothing succeeded either to Our desires, or hopes, but a resolution of despair of ever obtaining by the ways of Justice, Treaty or Amity, that which hath been so often promised to, and expected of the Lovers of Christian Peace.
Notwithstanding We having lately received advice from Our dear Uncle, the King of Denmark, that at last, by his mediation and procurement, the present Emperor, and Duke of Bavaria, have condescended to a Treaty to be held at the Diet at Ratisbone, upon the sixth day of May last past for the reviving and the resettling of the controversies of the House-Palatine, as a preparation and inducement to a general Peace and Amnestia through the whole Empire; and that he, with some of the Electors of the Empire, is accepted as Mediator of the said Cause, and hath received strong and pregnant assurances of a better inclination and disposition towards the re-establishment of the Electoral Family in their Rights and Dignities; and to that end hath procured convenient safe conduct from the Emperor to Our Nephew and his Brethren, freely to come in person, or to send their Deputies to that Diet at the time and place appointed, with all other clauses requisite for their safety, going, abiding, or coming from thence; and then to plead the Justice of their own Cause: And that in prosecution thereof, he hath instructed and dispatched his Ambassadors, either to assist in Person, or by the Deputies of Our Nephews at the said Treaty of Pacification; and hath desired us herein to comply with him, by sending Our Ambassadors qualified and instructed to the same purpose of procuring a good and settled Peace within the Empire, according to the intimation of the Princes-Electors signified to him by their Letters, thereby desiring Us to assist in the present Assembly at Ratisbone.
To which end Our Nephew, the Prince-Elector-Palatine, having resolved by Our Counsel and Advice to send his Deputies according to the invitation and hopes intimated of a good issue to be expected by the amiable way of Treaty and Composure.
We have also thought fit not to be wanting to so good a Design, so concurrent to Our own, and the desires of so many Princes, and in some hopes of better Fruits than hitherto all Our Endeavours have produced; have resolved to make this Our last Tryal by the way of Treaties, and to send Our Ambassador to the Emperor, and other Princes in the said Diet assembled: And to that purpose have given him full power and instructions to contribute all Our Authority to the procurement and settlement of a good and blessed Peace by the re-establishment and restitution of the Possessions and Dignities of Our said dear Sister, Nephews, and Electoral Family, without which no Peace can either be honest or secure: Hereby exhorting and desiring all other Kings, Princes, and States, Our Friends, Allies, and Confederates, who shall either be present at the said Diet, or shall have their Ambassadors or Deputies there, that they will be assisting to the justice of so good a Cause, and to so great a Blessing, as the restoring of Peace to the almost desolate estate of Germany.
But because We may have just cause to doubt, by many experiences of Our former endeavours, that the issue and fruit of this Meeting may not be answerable to Our just expectation, but rather that it may produce contrary effects, to the prejudice of the Justice and Rights of Our said Nephews and their Family, (which God forbid) we are hereby forced to protest against all Acts, Sentences, Conclusions, or Determinations whatsoever, which shall or may be had, made, or declared, either in confirmation of the oppressions and usurpations past, or any additions thereunto for the future, as invalid, and of no power or effect.
In which case (being contrary to Our desire and expectation) We also further protest and declare, That We will not abandon neither Our own, nor the publick Interest, nor the Cause, Rights, and just Pretences of Our dear Sister and Nephews, and other Princes and States involved with their oppressions; but that we will use and employ all such force and power wherewith God hath enabled Us, both by Our own Arms, and the help and assistance of all Our Allies and Friends, to vindicate Our own Honour, the publick Peace, and redress of the Injuries, Usurpations, and Oppressions of Our said dearest Sister and Nephews, and their Illustrious Family.
And hereby as We do profess to use all Our endeavour and power to promote a happy and desired Peace, for the consolation of the distressed Empire; so We do appeal to Almighty God, the Inspector of the Hearts of all Princes; and to the World, the Inspector of all Our just Actions, that We will be innocent, before God and the World, of all the evils that may ensue if these Our last Hopes shall be delayed or abused.
The Honourable Densell Hollis Esq; his Speech to the Lords concerning the settling of the Queen of Bohemia, and her Electoral Family, in their Right and Inheritance.
'The Knights, Citizens, and Burgesses of the House of Commons have commanded me to let your Lordships know, that they have taken into their serious consideration His Majesties Proposal to them of the Manifest; in which He is graciously pleased to declare His Pious Intentions concerning His Royal Sister, the Prince-Palatine her Son, and the rest of the Electoral Family.
'They do with all humbleness acknowledge His Majesties Favour in communicating unto them any part of His Royal Thoughts, and asking their advice and counsel in a Business that doth so nearly concern him, as needs must the happiness, nay the subsistence of these distressed Princes, of so glorious an extraction, their Veins being enriched with the same Blood, that is from so Royal Ancestors derived with glory into His Sacred Person.
'And in that Relation the House of Commons looks upon them with an Eye of tenderness, wishing that every drop of that Princely Blood may ever be illustrated with Honour and Happiness: That His Majesty may be Crowned with this Blessing, to see nothing but Glory in Himself, and in all that bow unto Him.
'To hear then, that these Princes, so nearly allied unto the King, should suffer that which is unworthy of them; instead of Honour, of Greatness, to find oppression; instead of a Fortune answerable to their Birth and Relation, to have their ancient Patrimony torn from them, and detained by a Hand of violence, is a thing which makes our Ears to tingle, and our Hearts to rise within us.
'My Lords, the Loyal Subject of England is so well tuned in a sweet Harmony to the Person of this Prince, that He is affected with the least touch upon any part of the Princely String, and answers it instantly with a Sound proportionable; if it be good and pleasant, with joy and exultation, if harsh and displeasant, with sorrow and lamentation; but a sorrow not womanish and fatuant, but accompanied with indignation, and vigorous magnanimous resolution, to be avenged upon whatsoever dare give offence to our Royal Sovereign.
'This then is enough to make us zealous for the redress of the Prince Elector's wrongs, to desire (with impatience) to see him reinvested in his rightful Possessions, were there nothing else to move us to it, but our love and affection, and our duty to the King.
'But, my Lords, there is yet another Motive, which hath a strong irresistable operation with us; and it is the consideration, how much this is of importance to the good of Religion, the advancement of the Protestant Party, and redeeming many Souls from their Antichristian Bondage, which hath a double Aspect, and relates to us, not only as we are fellow-members with them of the true Church, which obliges us to a care and defence of them, and gives us an assurance of a reward in Heaven: But doth more particularly concern us in point of policy and reason of State, by supporting our Allies to advance this Kingdom to the highest pitch of greatness and reputation, to make us formidable abroad to the enemies of our Church and State, and so enjoy peace, and safety, and tranquility at home.
'It is madness to think this State can subsist, if Religion be subverted; and as great a madness to think our Religion can continue here, if we suffer it be destroyed and eradicated out of the Neighbour-Countries; which can no more be, (that is, our Religion and this Kingdom be preserved) when our Neighbours of the same Religion and Belief with us to be consumed, than a Fort can hold out, when all the Out-works be taken; or the Heart preserved when a Gangrene hath seized on the outward parts of the Body.
'My Lords, as the true Religion is in the Truth, the Heart of England, which gives it Life, and makes it flourish with strength and power; so is England (in Politick respect) the Heart of the Protestant Religion in all the other Parts of Christendom; and upon occasion, must send out supply into all the Neighbouring-Countries professing the same Religion with it; which (to be themselves in safety) must be under the Protection of this Fort, under contribution to this Garrison.
'And on the other side, if these Countries be one after another invaded and possessed by the Enemies of our Religion, that great tye of Religion between us, and those bonds be dissolved, which only can unite and strengthen our mutual affections and relations, as if they get one part, their appetite will encrease soon to swallow up another.
'First the Palatinate, then the other parts of Germany, afterwards the Low-Countries, and then let us think in what condition England will stand; it will be left as a Cottage in a Vineyard, as a Lodge in a Garden of Cucumers, as a besieged City, when all the defences are gone, it will soon fall to be a prey of the Enemy.
'My Lords, this Consideration likewise works with the Commons of England; and as the Wise Man is to have his Eyes in his Head, and look before him, so they do look before them, and had rather see this evil met half-way, than stay till it come to them; rather see the eating Gangrene of the Austrian Ambition in Germany, than tarry till it seize upon the Vital Parts of this Island, and the death of Religion inevitably follow.
This business took up a serious debate, and after much time and many Arguments spent upon the Subject, the Knights, Citizens and Burgesses assembled in Parliament came to this resolution [which was here read:] This they have commanded me to represent unto your Lordships, and desire your Lordships will joyn with them in a tender of the like advice unto His Majesty in approbation of His Royal Intendments.
'And likewise, that His Majesty may be moved in the Name of both Houses, to recommend this Business unto His Parliament of Scotland, to have the consent and furtherance of that Kingdom; that as we be Brethren in mutual affection, in an equal tye of duty and allegiance unto the King our Sovereign; so we may be Brethren also in the same tender Care, and loving Zeal, for the good and support of His Majesties Kindred, and their Restitution, with their ancient Inheritance, and the safety of the Reformed Churches.
Directions for the due execution of the Office of Clark of the Market of His Majesties Houshold, throughout this Realm of England, and Dominion of Wales: And for the Surveying and Sealing of the constant Reel appointed to be used by all Clothiers and workers in Cloth and Yarn, and for the encrease of the Poors Wages labouring therein;
'Whereas several Complaints have been heretofore made, as well unto King James of ever Blessed Memory, in His Life-time, and unto His Majesty that now is, as unto the Lords and others of His Majesties most Honourable Privy-Council, and to divers of His Majesties Justices of Assize in their Circuits, and Justices of Peace of sundry Counties in His Majesties Realm at their Sessions, of the great abuses, deceits, and falsities, frequently used by and among Weavers, Combers, Spinsters, and other Workers and Makers of Woollen-Cloth and Yarn, by the daily falsifying their Yarn, as well in the length of the Reel-staff, as in the number of the Threads, and of the differences grown among themselves concerning a constant Reel for the Reeling of Yarn to be kept, and for the encrease of the Wages for the Poor, according to the Statutes quinto Eliz. and primo Jacobi, for remedy and reformation whereof, and for settling of a constant Course for the said Reel, and encrease of the Poors Wages, it hath been upon great advice thought fit, that the said Course of keeping of a constant Reel throughout all the Cloathing-Countries of this His Majesties Realm of England, and Dominion of Wales, and the encrease of the Wages for the Poor, might proceed and go on for the general good of the whole Common-wealth: And in regard the Reel-staff had had been lately encreased a fifth or sixth part longer than had been accustomed, all Spinsters should have for the Spinning and Reeling of Six double Knots on the double Reel, or Twelve on the single Reel, a Penny, which is moreby Two-Pence in the Shilling than formerly they have had: And that all Labourers, and other Artificers imployed about the Trade of Cloathing, and Yarn-making, should have the like encrease of Wages. And for establishing the same, His Majesty hath, by His Letters Patents, bearing date the 22d day of January now last past, for Himself, His Heirs and Successors, willed, ordained, and appointed, as well for avoiding all future deceit in making of Cloath and Yarn and for preservation of Peace between Buyer and Seller, Workmaster and Servant; and all Clothiers, Weavers, Combers, Spinsters, and other Workers Makers of Cloath and Yarn, either Woollen or Linnen, within this Realm of England, and Dominion of Wales, that there be a constant Reel provided and kept by all and every Cloathier, Weaver, Comber, Spinster, and other Workers and Makers of Cloath and Yarn, either Woollen or Linnen, within all and every the Counties of this Realm of England, and Dominion of Wales, and all Cities, Burroughs, and Towns-Corporate, and other places where the making of Cloath or Yarn, either Linnen or Woollen, is used, the said Reel to be called a Cloath-Reel, or Reel-staff, and to be of one yard about the single Reel, and two yards or two ells about the double Reel, every knot containing fourscore threds, for all Yarn whatsoever both Woollen and Linnen, the same to be kept and continued as a constant Reel between Buyer and Seller, Workmaster and Servant, whereby the truth of the same may appear to all persons trading in Cloath or Yarn; the Surveying, Searching, Sealing, and oversight whereof, as of the encrease of the Wages of the Poor, His Majesty hath by His said Letters Patents committed and appointed unto His well-beloved Servant, John Etherington, one of the Yeomen of His Majesties Chamber, and to Henry Stracey, for the term of one and thirty years, with the like Fees and Allowances for the same their Service, as the Clark of the Market of our Houshold hath for Weights and Measures; a Schedule whereof is hereunto annexed: and that they attend their said Service but once a-year as the Clark of the Market doth, and that they and the said Clark of the Market do travel and sit together, as shall be most commodious for themselves, and the good ease of the Commons; as by His Majesties Letters Patents more at large appeareth.
'And whereas His Majesty hath been informed, that many unconscionable persons within this His Realm of England, and Dominion of Wales, have and do use several Weights and Measures, with the greater to buy, and with the lesser to sell, and do also use false and deceitful Beams and Ballances, to the great loss and defrauding of His Majesties Subjects, and especially of the poorer sort, who are most sensible of the same: And whereas the Clark of the Market, by the Laws and Statutes of this Realm, ought by his Office to inquire of the said Abuses, and punish and reform the same, and ought also to set reasonable and indifferent Rates and Prices upon Victual, and other Provisions, chiefly in times of His Majesties Progress, and to foresee that the same be wholesom, and of good condition and quality in their several sorts; and ought also to inflict as well pecuniary as corporal punishment upon the Offenders, according to the several qualities and degrees of their offences: And whereas complaint hath been made unto Us, of the great negligence used in the execution of the said Office, partly for that divers which are trusted as Deputies to execute the same, have been hitherto ignorant what their Power and Authority is, and partly because divers of them have been very careless and remiss, and respecting only their own private gains, extort unjust Fees, and either for favour or reward spare the Offenders, and neglect the publick Service wherewith they are trusted.
'And because the Clark of the Market of His Majesties Houshold, and His Deputies, may be encouraged to execute their Offices and Places with integrity, and may have their just and reasonable Fees allowed, and may not exact unjust Fees or Rewards, to the grief or oppression of His Majesties loving Subjects; therefore His Majesty hath thought fit to limit and express the due Fees which the Clark of the Market, or his Deputies may require and take, as the same hath been heretofore examined and approved of by the Lords, and others then Officers of the Green-Cloath, and so remain recorded in His Majesties Compting-house; a Schedule whereof we have hereunto annexed: and whoever shall take any greater Fee or Reward than by this said Schedule is expressed, upon Complaint made by any of His Majesties loving Subjects, finding themselves justly grieved therewith, to the Lord Steward, Treasurer, or Comptroller of His Majesties Houshold, the Party offending shall have his deserved punishment, and the Party wronged speedy recompence for the same.
'And to the intent that His Majesties Service may be the better performed, we straitly charge and command the Clark of the Market that he make no Deputy or Deputies from henceforth, but such as shall be of sufficiency and ability to perform the Place, and which shall not be either Vintner, Inn-holder, Victualler, or other Tradesmen using the Trade of buying and selling: and that this His Majesties Proclamation, for the better instructing of all His loving Subjects, shall, before the Feast of St. Michael the Arch-Angel now next coming, be proclaimed in every Market-Town throughout this Realm of England, and Dominion of Wales, and be hanged up and fastened in a Table in every Market-place by an Officer, where it may continue to be seen and read by any that will: And further, that it shall be read in every Parish-Church before the said Feast of St. Michael the Arch-Angel next coming, immediately after Evening-Prayer, upon the Sunday or Holy-day, by the Minister or Clark of the Church; and so from thenceforth at every Feast of the Annunciation of the Blessed Virgin Mary, and the Feast of St. Michael the Arch-Angel, by the space of five years next coming, and shall be hanged up and preserved in every Church in a Table, to be seen and read at all times by any that will; and that the defaults of Officers, Ministers, Clarks, and Churchwardens in this behalf, shall be inquired of, and punished by His Majesties Justices of Assize, and Justices of Peace in their Sessions, according to their discretions, as contemners of His Majesties Royal Commandment.
'And His Majesty doth straitly will and command, That all His Justices of Assize, Justices of Peace, Sheriffs, the Clark of the Market, his Deputy and Deputies, and the said John Etherington and Henry Stracey, their Deputy or Deputies, and all Majors, and other Officers of Cities, Burroughs, Liberties, and Towns-Corporate, High-Constables, Petty-Constables, Tything-men, and other His Majesties Officers and Ministers in all Places whatsoever, do cause this present Proclamation to be duly executed, and be from time to time aiding and assisting to their utmost to the Clark of the Market, and his Deputies, and to the said John Etherington and Henry Stracey, their Executors, Administrators and Assigns, and their Deputies, in the due execution of their Offices respectively; and that the said Clark of the Market, as well now as hereafter, for the time being, be also aiding, furthering, and assisting unto the said John Etherington, and Henry Stracey, their Deputy and Deputies, in the due execution of their said Office, as they and every of them tender His Majesties Service herein, the Common-wealth of this Realm, and His Majesties high displeasure.
At the latter end of this Year Seignior Gregorio Panzani, the Popes Nuntio in England, and Major Bret, our English Agent at Rome from the Queen, being discharged from their Negotiations, Seignior Gregorio Con (a Scot) was appointed by the Pope to succeed Panzani as his Nuntio, and Sir William Hamilton (a Scot) sent hence Ledger to Rome.
Before this time the Congregation of propagating the Faith at Rome, having good hopes of the Conversion and Reduction of England to their obedience, constituted Cardinal Barbarino, Nephew and Vice-Chancellor to the late deceased Pope, Patron and Protector of the English and Scottish Nations, as Cardinal Ludovicus was of the Irish; who to facilitate their Design, erected a special Society of four Orders of Jesuits in England, whereof the Popes Legate for the time being, residing in England, was chief Patron, and Cardinal Barbarino the Principal Superintendent.
Titles of Proclamations for the Year 1636.
A Proclamation for the due execution of the Office of Clark of the Market of Our Houshold, and throughout Our Realm of England, and Dominion of Wales, and for the Surveying and Setling of the Constant Reel appointed to be used by all Clothiers, and Workers in Cloth and Yarn; and for the increase of the Poors Wages labouring therein.
A Proclamation for the revocation and repeal of certain Letters Patents, and of part of a Proclamation lately published for the keeping of a Constant Reel in Clothworking, and for the increase of the Poors Wages labouring therein.