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 1637.
The Arch-Bishop of Canterbury's Diary.
July 7. Fryday, A Note was brought to me, of a short Libel posted on the Cross in Cheapside, that the Arch-Bishop of Canterbury had his hand in persecuting the Saints, and sheding the blood of the Martyrs, Memento for the last of June.
August 25. Another Libel brought to me by an Officer of the High-Commission, fastned to the North -Gate of St. Paul's; that the Government of the Church of England is a Candle in the Snuff, going out in a Stench. The same day at night my Lord Mayor sent me another Libel, hanged upon the Standard in Cheapside; my Speech in the Star-Chamber set in a kind of Pillory, &c.
Sunday, October 22. A great noise about the perverting the Lady Newport; Speech of it at the Council; my free Speech there to the King concerning the encreasing of the Roman Party; the freedom of Denmark -House; the carriage of Mr. Walter Montague, and Sir Toby Mathew. The Queen acquainted with all I said the very night, and highly displeased with me, and so continues.
In Trinity Term this year there came a remarkable cause to Hearing, and Censure in the Star-Chamber upon the information of the King's Attorney-General against John Bastwick Doctor in Physick, Henry Burton Batchelor of Divinity, and William Prynn Barrister at Law, Defendants.
The Scope of the Information against these Defendants, was for Writing and Publishing Seditious, Schismatical and Libellous Books against the Hierarchy of the Church, and to the Scandal of the Government.
To this Information the Defendants prepared their Answers, but their Councel were backward to sign them, for fear of offending the Court of Star-Chamber, but it was said on the other side, that their Answers were of that nature as their Councel thought not fit to sign them. The Defendants did petition the Court that to ancient Presidents they might sign their own Answers with their own Hands, and declared that they would abide by the censure of the Court if they did not make good what was contained therein, which was refused by the Court, unless they brought their Answers signed by Councel; then they tendred to the Court a cross Bill, wherein they set forth the substance contained in their Answers, and desired it might be accepted, but neither was admitted of by the Court; so it was declared by the Court that the Answers of Mr. Prynn and Dr. Bastwick not coming into Court in regular way, in due time, according to the course of that Court, they should be proceeded against, pro confesso; yet Prynn and Bastwick left their Answers signed with their own hand at the Office, and also tendred another draught thereof to the Court.
Mr. Burton's Answer was afterwards signed by Mr. Holt, a Bencher of Grayes-Inn, which the Court referred to the two Chief-Justices to consider of, and to expunge what was contained therein as unfit to be brought into Court, or was otherwise scandalous, and they expunged the whole Answer except six lines at the beginning, and three or four at the later end; Mr. Burton demanded the justice of the Court not to give way to that purgation of his Answer by the two Chief-Justices, for that neither he or his Councel were heard before the said Judges, what they could say in defence of their Answer; but it was ordered by the Court, that if he would not swear the Answer as it was expunged, and answer to Interrogatories, he should be proceeded against pro confesso.
Mr. Burton in his Answer did set forth the substance of his Sermon, which he Preached the fifth of November, at his Parish-Church in Fryday-street, the Contents of which in part appears in the Arch-Bishop of Canterburies Speech in the Star-Chamber; in which Mr. Burton charges the Arch-Bishop,
- 1. That in the Epistle the Sunday before Easter, we have put out (In) and made it (At) the Name of Jesus every Knee shall bow, which alteration he saith is directly against the Act of Parliament.
- 2. That the next Innovation, and that two places are changed in the Prayers set forth for the fifth of November, and ordered to be read (they say) by Act of Parliament. The first place is changed thus, From, Root out the Babilonish and Antichristian Sect, which say of Jerusalem, &c. into this form of words, Root out that Babilonish and Antichristian Sect (of them) which say, &c. The second place went thus in the old, cut off those workers of Iniquity, whose Religion is Rebellion. But in the Book Printed 1635, it's thus altered, Cut off those Workers of Iniquity who turn Religion into Rebellion.
And in the Book entituled News from Ipswich, fol. 2d there is mention made of the first Innovation in the last years Fast as injoyned to be without Sermons in London, the Suburbs and other Infected places contrary to the Orders of other Fasts in former times, they say, whereas Sermons are the only means to humble men, &c.
The second Innovation, they say, is, That Wednesday was appointed for the Fast-day, and that this was done with this intention, by the example of this Fast without Preaching, to suppress all the Wednesday Lectures in London.
The seventh Innovation is, That these words (who art the Father of thine Elect, and of their seed) are changed in the Preface of that Collect, which is for the Prince and the King's Children, and with a most spiteful Inference, That this was done by the Prelates to exclude the King's Children out of the number of God's Elect; and they call it an intolerable Impiety and horrid Treason.
In Dr. Bastwick's Answer there were these Passages, That the Prelates were Invaders of the King's Prerogative-Royal, Contemners and Despisers of the whole Scriptures, Advancers of Popery, Superstition, Idolatry and Prophaness; also that they abused the King's Authority to the oppression of His Loyal Subjects, and therein expressed great Cruelty, Tyrany and Injustice; and in the execution of this impious performance, they shewed neither Wit, Honesty nor Temperature, nor were they either servants of God or of the King, (as they ought to be indeed) but of the Devil, being Enemies of God and the King, and of every living thing that was good. All which the said Dr. Bastwick declared he was ready to maintain.
Mr. Prynn his Answer was much against the Hierarchy, but in more moderate and cautious expressions, and in the conclusion of his Answer said, that what was contained therein, and which he then tendred to the Court, though not accepted, he would stand to and make it good, and abide the Censure of the Court, if he failed to do the same, might his Answer be but read.
All the said three Defendants standing at the Bar, the Court caused the Information to be read, and no Answer being put in, nor filed on Record, in the Court, the Court began to proceed to Sentence. But the Defendants before the Court spake, cryed out for Justice, that their Answers might be read, and that they might not be condemned unheard: nevertheless the Court proceeded, because their Answers were not filed on Record; and the Lords continued speaking till three of the Clock in the Afternoon, whose Speeches we took verbatim in Characters, and writ them out afterwards at large, but lending them to a Friend to peruse, whom we cannot call to mind, he dealt unfriendly with the Author, and never restored them again: wherefore he is necessitated to be brief in the narration of this remarkable Cause, which he had reduced into good order and method, containing also Excellent Speeches made that day in that Cause.
The Court proceeded to Sentence, and fined each of the Defendants, Prynn, Bastwick and Burton, 5000l. a-piece to the King, and adjudged the two latter to stand in the Pillory at Westminster, and there to lose their Ears; [and that Mr. Prynn having once lost his Ears before, by sentence of this Court, Anno 1633] whereof he was now sentenced to have the remainder of his Ears cut off, and also it was decreed that he should be stigmatized on both Cheeks with S. L. signifying a Seditious Libeller. And in June 30 the above-named three Defendants lost their Ears, the Hangman rather sawing off the remainder of Prynn's Ears, than cutting them off; they were all likewise committed close Prisoners, one to the Castle of Lanceston in Cornwall, another to the Castle of Lancaster, and a third to Carnarvan -Castle in Wales, and afterwards removed to remote Islands, where they were kept close Prisoners; the Wives of Bastwick and Burton not being allowed after many Petitions to have access unto them, nor to set footing in the Island; neither was any Friend permitted to have access to Mr. Prynn.
Here followeth part of the Arch-Bishop of Canterburies Speech, in reference to the said Innovations charged upon him by the Prisoners at the Bar; to every one of which the Arch-Bishop gave a particular Answer; but for clearer satisfaction read the Speech at large in the Appendix.
'Nor how patiently some great men, very great men indeed, have born Animo civili (that's Sueton his words) Laceratam existimationem, the tearing and rending of their Credit and Reputation, with gentle, nay, a generous mind.
'But of all Libels, they are most odious which pretend Religion; as if that of all things did desire to be defended by a Mouth that is like an open Sepulcher, or by a Pen that is made of a sick and loathsom Quill.
'For my care of this Church, the reducing of it into Order, the upholding of the External-Worship of God in it, and the settling of it to the Rules of its first Reformation, are the Causes (and the sole Causes, whatever are pretended) of all this Malicious Storm, which hath lowred so black upon me, and some of my Brethren; and in the mean time, they which are the only, or the Chief Innovators of the Christian World, having nothing to say, accuse us of Innovation; they themselves and their Complices in the mean time being the greatest Innovators that the Christian World hath almost ever known. I deny not but others have spread more dangerous Errors in the Church of Christ; but no men in any age of it have been more guilty of Innovation than they, while themselves cry out against it, Quis tulerit Gracchos.
'And a great trouble 'tis to them, that we maintain that our Calling of Bishops is Jure Divino, by Divine Right. Of this I have said enough, and in this place, in Leighton's Case, nor will I repeat: Only this I will say, and abide by it, That the Calling of Bishops is Jure Divino, by Divine Right, though not all adjuncts to their Calling. And this I say in as direct opposition to the Church of Rome, as to the Puritan humour.
'For the main scope of these Libels, is, to kindle a jealousie in mens minds, that there are some great Plots in hand, dangerous Plots (so says Mr. Burton expresly) to change the Orthodox Religion established in England, and to bring in I know not what Romish Superstition in the room of it, as if the external decent Worship of God could not be upheld in this Kingdom, without bringing in of Popery.
'But to return to the business: what is their Art to make the World believe a change of Religion is endeavoured? What! why, forsooth, they say, there are great Innovations brought in by the Prelates, and such as tend to the advancing of Popery.
'Now that the vanity and falshood of this may appear, I shall humbly desire your Lordships to give me leave to recite briefly all the Innovations charged upon us, be they of less or greater moment, and as briefly to answer them. And then you shall clearly see whether any cause hath been given of these unfavoury Libels, and withal whether there be any shew of cause to fear a change of Religion; and I will take these great pretended Innovations in order, as I meet with them.
'One thing sticks much in their Stomachs, and they call it an Innovation too, and that is, bowing or doing reverence at our first coming into the Church, or at our nearer approaches to the Holy Table, or the Altar, (call it whether you will) in which they will needs have it, that we worship the Holy Table, or God knows what.
'For Moses did reverence at the very Door of the Tabernacle, Numb. 20. Hezekiah, and all that were present with him, when they had made an end of Offering, Bowed and Worshipped, (2 Chron. 29.) David calls the People to it with a Venite, O come let us worship, and fall down, and kneel before the Lord our Maker (Psal. 95.) And in all these places (I pray you mark it) 'tis bodily-worship.
'Nor can they say, that this was Judaical-worship, and now not to be imitated; for long before Judaism began, Bethel, the House of God, was a place of Reverence, (Gen. 28.) therefore certainly of, and to God.
'And in the daily Prayers of the Church of England this was retained at the Reformation, and that Psalm, in which is Venite Adoremus, is commanded to begin the Morning-Service every day: And for ought I know, the Priest may as well leave out the Venite, as the Adoremus; the calling the people to their duty, as the duty it self, when they are come.
'Therefore even according to the Service-Book of the Church of England, the Priest and the People both are called upon, for external and bodily Reverence and Worship of God in his Church. Therefore they which do it, do not Innovate. And yet the Government is so moderate (God grant it be not too loose the while) thas no man is constrained, no man questioned, only religiously called upon, Venite adoremus, come, let us Worship.
'For my own part, I take my self bound to worship with Body, as well as in Soul, when-ever I come where God is worshipped. And were this Kingdom such as would allow no Holy-Table standing in its proper place (and such places some there are) yet I would worship God when I came into his house. And were the times such, as should beat down Churches, and all the curious carved work thereof, with Axes and Hammers, as in Psalm 74. (and such times have been) yet would I worship in what place soever I came to pray, though there were not so much as a stone laid for Bethel. But this is the misery, 'tis superstition now-a-days for any man to come with more reverence into a Church, than a Tinker and his Bitch come into an Ale-house; the Comparison is too homely, but my just indignation at the profaneness of the times, makes me speak it.
'And you my honourable Lords of the Garter, in your great solemnities, you do your Reverence, and to Almighty God, I doubt not, but it is versus Altare, towards his Altar, as the greatest place of God's residence upon Earth; I say the greatest, yea greater than the Pulpit, for there 'tis hoc est Corpus meum, this is my Body; but in the Pulpit, 'tis at most but, hoc est Verbum meum, this is my Word. And a greater reverence (no doubt) is due to the Body, than to the Word of our Lord. And so in Relation, answerably to the Throne where his Body is usually present, than to the Seat, whence his Word useth to be proclaimed. And God hold it there at his Word; for, as too many men use the matter, 'tis hoc est verbum Diaboli, it's the Word of the Devil, in too many places; Witness Sedition, and the like to it. And this reverence ye do when ye enter the Chappel, and when you approach nearer to offer: And this is no Innovation, for you are bound to it by your Order, and that's no new thing.
'I humbly crave pardon of your Lordships for this my necessary length, and give you hearty thanks for the noble Patience, and your just and honourable Censure upon these men, and for your unanimous dislike of them and defence of the Church, but because the business hath some reflection upon my self, I shall forbear to censure them, but leave them to God's Mercy and the King's Justice. See the Speech at large in the Appendix.
The Report of this Censure, and the smart execution thereof flew quickly into Scotland, and the discourse among the Scots were, that the Bishops of England were the cause thereof, that they must expect to have a Star-Chamber erected in their Kingdom to strengthen their Bishops power there, besides the High-Commission which was there already erected: and about this time a strange accident happened in offering an affront to a Bishop at Edenburgh as followeth.
On the 23d of July next following the said Censure of Prynn, Bastwick and Burton (being five Weeks and odd Days) there hapned a great Tumult at Edenburgh in Scotland about the in-bringing of the Service-Book or Common-Prayer; where no sooner, was the Liturgy begun to be read at the great Church in Edenburgh (the Bishop and Dean being in their Whites) but the People in the Church with great outcries and clamors threw a Stool at the Head of the Bishop, crying a Pape, a Pape, Antichrift, Antichrift, stane him, stane him; and the Magistrates then present had much to do to preserve the Bishop from the fury of the People; but of this Tumult more fully hereafter.
Concerning which Tumult the Arch-Bishop of Canterbury makes this Memorial in his Diary on April 29. 1638. viz. The Tumult in Scotland about the Service-Book offered to be brought in, began July 23. 1637. and continued increasing by fits, and hath now brought that Kingdom in danger; no question but that there is a great concurrence between them (meaning the Scotch Covenanters) and the Puritan party in England, having a great aim there to destroy me in the King's opinion, &c.
Now that we are come in order of time to make mention of the Tumults and disorders in Scotland about the Service-Book, we beg leave for a while to make a step into Scotland before we proceed further at present in home-affairs, and accept a Summary Account of the Rise, Progress, and several steps in that Tumulr, and the Consequences which thereupon followed.
Preparations for divers years by-past were made for the in-bringing of the Service-Book into Scotland, to have Uniformity in Divine Worship, and Church-Government between the two Kingdoms: formerly the Prelacy was quite or almost ruined in Scotland, but in latter times by degrees built up again, by all the ways and means which King James the 6th and King Charles the 1st could devise, though with great averseness of the Noble-men, Gentry, and the greater part of the Ministry; and by this time that Work was almost brought to perfection, for of the fourteen Scottish Bishops nine were Privy-Councellors; the Arch-Bishop of St. Andrew's, Primate of Scotland, was also Lord Chancellor, and many of the rest had also good State-employments, and gainful Offices in the Civil, and had all the Ecclesiastical in their own Power; for the Layicks, who were joyned with them in Commission, for most part declined that Employment.
But of late the High-Commission was erected, and a Book of Canons for that Church set forth by the King's Authority, and all the Subjects of Scotland were injoyn'd to submit to the Episcopal Censure; and then their Consistories, Classes, and Presbyteries, were held in the nature of Conventicles, and there remained not the shadow of their former Ecclesiastical Policy.
Moreover a Liturgy for that Church being framed, and at this time finished, and ordered to be Published by Royal Authority, and to be received throughout that whole Kingdom, His Majesty Published His Reasons for Imposing the same to this effect.
That King James, after His coming into England, promoted that work in his life time; King James dies whilst the Liturgy was in framing; King Charles 1. pursues the same Design, and putteth the Liturgy in print, as now it is composed.
That His Father of Blessed Memory, immediately after His coming into England, comparing the decency and uniformity of God's Worship here in England, observed (especially in the Liturgy of the Church) with that diversity and deformity in Scotland, where no set or publick form of Prayer was used, bethought Himself seriously how His first Reformation in that Kingdom might begin, at the publick Worship of God, and chiefly by an Unity and Uniformity in the publick Prayers and Service of the Church. Concerning which divers Consultations were had with the Bishops, and others of the Clergy of most eminent Note in that Kingdom: But those deliberations received some opposition, and many intermissions till the Year 1616, in a general Assembly held at Aberdeen, His Royal Father by His Letters and vehement Instance of His Commissioners there present, made the necessity of a publick Liturgy apparent. A Book in pursuance of an Act of that Assembly was framed by those that were deputed for that purpose, and was by the Arch-bishop of St. Andrew's sent up to His Royal Father, who punctually perused it, and had it revised by some of that Kingdom here in England; and after His and their Observations, Additions, Mutations, Expunctions, He sent it back to be recommended to that whole Church, being for substance, frame, composure much about one with that which was now commended to them: Which had been then received, if the King His Father had not died, whilst these things were in doing, before they could receive their Period. That which moved King James to hasten that Liturgy, and an High-Commission-Court, was to curb such of His Subjects in Scotland as were inclined to Puritanism, and who would be medling with State Matters in their Pulpits, and sometimes not spare the King Himself. His Majesty that now is resolved to pursue that Design, and required the same Service-Book transmitted by His Father to that Church, to be remitted to Him. Which having received (after many serious Consultations had with divers of the Bishops and Clergy of that Kingdom, here present in England, and after advice by Letters and Instructions to the rest at home, and after many humble Remonstrances and Advertisements made by them, of the reasons of some alterations for the removing of some conceived difficulties) His Majesty was content the Book should come out as now it was Printed, being fully approved by them. And that this was composed in substance not different from that of England, that the Roman Party might not upbraid Us with any material differences in Our Liturgies, and yet in some few alterations differing from it, that it might be truly reputed a Book of that Churches own composing, and established by His Royal Authority, as King of Scotland.
And that together with this Book His Majesty sent certain Instructions to the Bishops of that Kingdom; that notwithstanding He had established it by Authority, yet they should proceed with all moderation, and dispence with such things contained in the Book as they should find them, either not well perswaded of them, or willing to be informed concerning them, or did hope that time and reason might gain to a better belief of them.
The time appointed for the first reading of the Service-Book in all Churches was Easter-day 1637, which was published by Proclamation. At which time (as the King declareth) no symptoms of any considerable opposition did appear; yet upon good consideration, and for the further tryal of Mens minds, the reading of it was delayed till the 23d of July next ensuing, to the end that the Lords of the Session, (which in England are called the Judges of Causes in Term-time in Westminster-Hall ) and others who had any Law-business might see the success of it before the rising of the Session, which always ends the first of August, and so might, at their return into the Countries, report the receiving of this Book at Edenburgh, it being so ordered, that the Book should be read only in the Churches of Edenburgh, and Parts adjacent. And notice hereof was published in the several Pulpits the Sunday immediately before.
Accordingly on the 23d of July the Service-Book was begun to be read in Edenburgh in St. Giles's Church, (commonly called the great Church) where were present many of the Councel, both the Arch-bishops, and divers other Bishops, the Lords of the Session, the Magistrates of Edenburgh, and a great Auditory of all sorts of People.
No sooner was the Book opened by the Dean of Edenburgh, but a number of the meaner sort (many of them being Women) with clapping of their Hands, execrations and outcries, raised an hideous noise and hubbub. The Bishop of Edenburgh, who was to Preach that day, stept into the Pulpit (being immediately above the Reading-place) with thoughts of appeasing the Tumult; and presently a Stool was thrown at his Head, but diverted by the hand of one present. The Arch-bishop of St. Andrews, Lord Chancellor, and other great Persons, having no reverence from the Multitude, but entertained with clamors and imprecations, the Provost, *Bailiffs, and others of the Councel of the City, came from their places, and with much ado, and in great confusion, thrust out of the Church those People that had made the Tumult, and shut the Church doors against them. After which the Dean read the Service. But such were the out-cries, rapping at the Doors, throwing in of Stones at the Windows by the Multitude without, who cry'd a Pape, a Pape, Antichrist, pull him down, that the Bailiffs of the City were inforced again to leave their places to appease their fury.
Service and Sermon being ended, the Bishop of Edenburgh, who had Preached, repairing to his Lodging, distant not many paces from the Church, was invironed and near trodden to death by the People, had he not been suddenly rescued by some who observed his danger, and by whom he was recovered, almost breathless, into his Lodging.
The same Morning the Service was read in the next Church to St. Giles 's, yet not without noise and tumult, and in the Grayfryars Church, the Elected Bishop of Argile beginning to read, was by the Peoples exclamations and threatnings inforced to give over, after the reading of the Confession and Absolution.
Between the two Sermons, the Provost and Bailiffs of Edenburgh being called by those of the King's Councels that were in Town, then assembled at the Lord Chancellor's Lodging, undertook to do their uttermost for the peaceable reading of the Service in the Afternoon; accordingly the Book was read in St. Giles 's, and some other Churches; but after Evening-Prayer the Tumult was far greater than in the Morning; for the Earl of Roxborough, Lord-Privy-Seal, returning to his Lodging with the Bishop of Edenburgh in his Coach, had his Coach and Coach-man so pelted with Stones, and pressed upon by the Multitude for having the Bishop in it, that they were brought in danger of their lives, and with much ado recovered their Lodging, and were only preserved by the help of his Lordship's Footmen, who with their Swords kept off the croud of People.
The next day the Council caused a Proclamation to be made in detestation of this Tumult, and to discharge all tumultuous meetings and concourses of People in Edenburgh upon pain of death. The Magistrates and Persons in Authority disavowed these disorders, wherein none of quality had yet appeared.
After these things the Magistrates of Edenburgh were commanded to assemble the Council of the City, to resolve what course should be held for finding out the Movers and chief Actors in the Uproar, and to make report to the Privy-Council, which report they made accordingly with a detestation of that Tumult, and a promise of their best diligence to find out the Authors and Abettors thereof, and their best assistance for the quiet establishing and reading of the Service-Book in all their Churches.
The Ministers of the City being loth to undertake the reading of it, without security given for the safety of their Persons, the Lords of the Council ordered, that the Provost, Bailiffs, and Town-Council of Edenburgh, should advise concerning some Obligatory Act to be made for the peaceable Exercise of the Service-Book, to which they agreed, and promised, that (since their former Readers had refused to read that Book) if in the mean time the Ministers themselves would read it, they would take order for their security, and also for their setled Maintenance; and so an Act was drawn up by the King's Advocate, to which the City-Magistrates assented, and which the Council passed, and entred it into the Council-Book.
This Uproar at Edenburgh was highly displeasing to the Court of England, and the Arch-bishop of Canterbury expressed his thoughts of the management of this Business by the Bishops and others in Scotland, in his Letter to the Earl of Traquair, dated August 7. 1637. in these words.
The Arch-Bishop of Canterburies Letter to the Lord Traquair, Dated August 7. 1637.
I Think you know my opinion, how I would have Church-Business carried, were I as great a Master of Men, as (I thank God) I am of Things; 'tis true, the Church as well there as elsewhere hath been over-born by violence, both in matter of Maintenance and Jurisdiction: But if the Church will recover in either of these, she and her Governors must proceed, not as she was proceeded against, but by a constant temper she must make the World see she had the wrong, but offer none; And since Law hath followed in that Kingdom, perhaps to make good that which was ill done; yet since a Law it is, such a Reformation or Restitution would be sought for, as might stand with the Law, and some expedient be found out how the Law be by some just exposition helped, till the State shall see cause to abolish it.
His Majesty takes it very ill, that the business concerning the stablishment of the Service-Book hath been so weakly carried, and hath great reason to think himself and his Government dishonoured by the late Tumult in Edenburgh July 23. and therefore expects that your Lordship, and the rest of the Honourable Council, set your selves to it, that the Liturgy may be established orderly, and with peace, to repair what hath been done amiss: For His Majesty well knows the Clergy alone have not power enough to go through with a business of this nature; and therefore is not very well satisfied with them, either for the omission in that kind, to advise for assistance of the Lords Council, or for the preparation or way they took. For certainly the Publication a week before, that on the next Sunday the Prayers, according to the Liturgy, should be read in all the Churches of Edenburgh, was upon the matter to give those that were ill-affected to the Service time to communicate their thoughts, and to premeditate and provide against it, as it is most apparent they did.
Nor is His Majesty well satisfied with the Clergy, that they which are in Authority were not advertized, that they might attend the countenancing of such a Service, so much tending to the Honour of God and the King; And I am verily perswaded, if that accident of the Marriage of your Kinsman had not carried your Lordship out of the City that day, some things would not have been altogether so bad, and my Lord Privy-Seal would have had the better assistance.
Neither was this the best Act that ever they did to send away their Letters apart, without acquainting the Council, that their Advertisements might have come by the same Messenger, together with their joint advice, which way was best to punish the offenders, at least the prime and chief of them, and which to prevent the like disorders; and after so long time of preparation to be to seek who should read the Service, is more than strange to me, unless they think such a business can do it self: but His Majesty, out of His Piety and Wisdom, gave (by the Messenger which the Bishops sent) such full directions, both to the Lords of the Council, and the Lords of the Clergy, as I hope will settle the business from further trouble. But the Proclamation which you have now sent up to the King I have not yet seen.
Of all the rest, the weakest part was the interdicting of all Divine Service till His Majesties Pleasure was further known. And this, as also the giving warning of the publishing, His Majesty, at the first reading of the Lettes, and report of the Fact, checked it, and commanded me to write so much to my Lord of St. Andrews, which I did; and your Lordship, at the Council July 24, spake very worthily against the interdicting of the Service. For that were in effect as much as to disclaime the Work, or to give way to the insolency of the baser Multitude, and His Majesty hath commanded me to thank you for it in His Name; but the disclaiming the Book as any act of theirs, but as it was His Majesties Command, was most unworthy; 'tis most true, the King commanded a Liturgy, and it was time they had one, they did not like to admit of ours, but thought it more reputation for them (as indeed it was) to compile one of their own; yet as near as might be they have done it. Will they now cast down the Milk they have given, because a few Milk-maids have scolded at them? I hope they will be better advised; certainly they were very ill advised, when they spake thus at the Council-Board; but, my Lord, of this there was not one word in the Letter. So I hope they have done with that.
At this time the Lords of the Council, as they complained to the King of this disorder, so they spared not to lay the greatest blame of it upon the Bishops, which appears from the following Letter written by the Earl of Traquair to the Marquess of Hamilton.
At the meeting of the Council here at Edenburgh the 23d of this instant, we found so much appearance of trouble and stir like to be amongst people of all qualities and degrees, upon the urging of this new Service-Book, that we durst no longer forbear to acquaint His Majesty therewith, and humbly to represent both our Fears and our Opinions, how to prevent the danger at least; our opinions of the way, we would wish His Majesty should keep therein, or before he determine what course to take for pacifying of the present stir, or establishing of the Service-Book hereafter; wherein (all I will presume to add to what the Council hath written) is to intreat your Lordship to recommend to His Majesty, that if he be pleased to call to himself any of the Clergy, he would make choice of some of them of the wisest and most calm dispositions; for certainly some of the leading Men amongst them are so violent and forward, and many times without Ground and true Judgment, that their want of right understanding how to compass business of this nature and weight, doth often breed us many difficulties, and their rash and foolish expressions, and sometimes attempts both in private and publick, have bred such a fear and jealousie in the Hearts of many, that I am confident, if His Majesty were rightly informed thereof, he would blame them, and justly think, that from this and the like proceedings arises the grounds of many mistakes amongst us. They complain'd that the former Ages have taken from them many of their Rents, have robbed them of their Power and Jurisdiction, and even in the Church it self, and form of God's Worship, have brought in some things that require Reformation; but as the deeds of these times, at the least the beginning thereof, were full of notour and tumultuary disorder, so shall I never think it will prove for the good either of God's Service or the King's, by the same ways or manner of dealing to press to rectifie what was then done amiss. We have a wise and judicious Master, who will nor can urge nothing in this poor Kingdom, which may not be brought to pass to His contentment; and I am most confident, if he shall be graciously pleased to hear His faithful Servants inform Him of the truth, he shall direct that which is just and right; and with the same assurance I do promise Him Obedience. The Interest your Lordship hath in this poor Kingdom, but more particularly the Duty you owe to His Majesty, and the true respect I know you have ever carried to His Majesties Honour, and the good of His Service, makes me thus bold to acquaint your Lordship with this business, which in good faith is by the folly and mis-government of some of our Clergy-men, come to that height, that the like has not been seen in this Kingdom of a long time; but I hope your Lordship will take in good part my true meaning, and ever construct favourably the affections of
As concerning the carriage of the Bishops and Clergy of Scotland before these Tumults happened, there is a Learned Person of that Nation, a friend to Moderation in Episcopal Government, and disliking violent Actions of the Covenanters, who hath lately written a * History called Memoirs, wherein, among other remarkable things, he hath this Passage.
The People of Scotland had drunk in a deep prejudice against every thing that favoured of Popery: this the Bishops judged was too high, and therefore took all means possible to lessen it, both in Sermons and Discourses, mollifying their Opinions, and commending their Persons, not without some reflections on the Reformers. But this was so far from gaining their Design, that it abated nothing of the Zeal was against Popery, but very much heightened the rage against themselves as favouring it too much.
There were also subtile Questions started some years before in Holland about Predestination and Grace; and Arminius his opinion, as it was condemned in a Synod at Dort, so was generally ill reported of in all Reformed Churches, and no where worse than in Scotland : But most of the Bishops, and their adherents, undertook openly and zealously the defence of these Tenets. Likewise the Scottish Ministers and People had ever a great respect to the Lord's-day, and generally the Morality of it is reckoned an Article of Faith among them: but the Bishops not only undertook to beat down this opinion, but by their Practises expressed their neglect of that day; and after all this they declared themselves avowed Zealots for the Liturgy and Ceremonies of England, which were held by the Zealous of Scotland all one with Popery; upon these Accounts it was that they lost all their Esteem with the People.
Neither stood they in better terms with the Nobility, who at that time were as considerable as ever Scotland saw them; and so proved both more sensible of Injuries, and more capable of resenting them. They were offended with them, because they seemed to have more Interest with the King than themselves had, so that favours were mainly distributed by their recommendation: they were also upon all affairs, nine of them were Privy-Councellors, divers of them were of the Exchequer, Spottiswood, Arch-Bishop of St. Andrew 's was made Chancellor, and Maxwell Bishop of Ross was fair for the Treasury, and engaged in a high rivalry with the Earl of Traquair, then Treasurer, which tended not a little to help forward their ruine. And besides this they began to pretend highly to the Tyths and Impropriations, and had gotten one Learmouth a Minister presented Abbot of Lindoris, and seemed confident to get that State of Abbots, with all the Revenue and Power belonging to it, again restored into the hands of Church-men, designing also, that according to the first Institution of the College of Justice, the half of them should be Church-men.
They were no less hateful to the Ministry, because of their Pride, which was cryed out upon as unsupportable. Great Complaints were also generally made of Simoniacal Pactions with their Servants, which was imputed to the Masters as if it had been for their advantage, at least by their allowance: They also exacted a new Oath of Intrants, (besides what was in the Act of Parliament for obedience to the Ordinary) in which they were obliged to obey the Articles of Perth, and submit to the Liturgy and Canons: They were also making daily In-roads upon their Jurisdiction, of which the Ministers were very sensible, and universally their great rigour against any that favoured of Puritanism, together with their meddling in all Secular Affairs, and relinquishing their Diocesses to wait on the Court and Council, made them the Object of all Mens fury.
But that which heightned all to a Crisis, was their advising the King to introduce some Innovation in the Church by His own Authority; things had prospered so ill in general Assemblies, that they thought of these no more; and in the Parliament 1633, that small addition to the Prerogative, that the King might appoint what Habits He pleased to the Clergy, met vigorous opposition, notwithstanding the King seemed much concerned for it, those who opposed it being sharply taken up, and much neglected by His Majesty, which stuck deep in their Hearts, the Bishops bearing all the blame of it.
At this time a Liturgy was drawn for Scotland, or rather the English re-printed with that Title, save that it had some Alterations, which rendred it more invidious and less satisfactory; and after long consulting about it, and another Book of Canons, they were at length agreed to, that the one should be the form of the Scottish Worship, and the other the Model of their Government, which did totally vary from their former Practices and Constitutions; and as if all things had conspired to carry on their ruine, the Bishops, not satisfied with the General High Commission-Court, procured Warrants from the King for setting up such Commissions in their several Diocesses, in which, with other Assessors, Ministers and Gentlemen, all of their own nomination, they might punish Offenders.
That was put in Practice only by the Bishop of Galloway, who though he was a Pious and Learned Man, yet was fiery and passionate, and went so roundly to work, that it was cryed out upon as a Yoak and Bondage, which the Nation was not able to bear.
We regrait from our Hearts that Tumult which did fall out in our Churches, that day of in-bringing of the Service-Book, wherein now these of His Majesties Council, who have laboured the tryal thereof, will give testimony of our Innocency since that time, and how, since the rising of His Majesties Council in this ferial time, we have daily concurred with our Ordnary, and our Ministry for settling of that Service-Book, as the Right Honourable the Earl of Traquair, Lord Treasurer, with the Bishops of Galloway and Dunblane, will bear witness, who have spared neither pains nor attendance to bring that purpose to a good Conclusion.
And although the poverty of this City be great, (being almost exhausted with publick and common works) yet we have not been wanting to offer good means, above our power, to such as would undertake that Service; and in all things wherein we have been required, we have ever been ready, really to approve our selves obedient, and Loyal Subjects to His Majesty in all His Royal Commandments, which we have ever vowed to observe to our lives end. And being infinitely obliged to your Grace's Favours, we now presume, by these Lines, to give your Grace that assurance of obedience upon our part in this purpose, and in all other purposes, wherein we may contribute to the advance of His Majesties Service, or can be expected of good Subjects, whereof, (if His Majesty by your Grace shall be pleased to rest assured, whatsoever any other shall suggest) we will accept it from you as a great accumulation of favour; for all which your Grace shall ever find us most thankful Remembrancers, and most ready really to express our thankfulness, when-ever we shall be made so happy, as your Grace shall have occasion to use our Service. Thus from our Hearts wishing you all Happiness, we kiss your Grace's Hands.
My Lords of Secret Council. Unto your Lordships humbly means and shews,
'We your Subjects Mr. Alexander Henderson, Minister at Lenchars, Mr. John Hamilton, Minister at Newburne, and Mr. James Bruce, Minister of Kings-Barnes, that where we were required of late, by the Moderator of our Presbytery, to receive two Copies of the new Book of Common-Prayer, and declaring our selves willing, each of us to receive any of the said Books to read, that we might know what is therein contained before we could promise to practise it; alledging, that in the matters of God's Worship we were not bound to blind obedience. It was refused by us, and taken out of some of our Hands; and yet we are now charged with Letters of Horning, decreed by your Lordships upon a Narrative, that we have refused the said Books out of Curiosity and Singularity. To provide each one of us two of the said Books for the use of our Paroches, which hath made us, who were never before acquainted with any Charge from Authority, and knowing no other way so just and void of offence to have recourse to your Lordships; most humbly entreating, that the Charge may be suspended for the Reasons following. First, Because this Book is neither warranted by the Authority of the General Assembly, which are the Representative Kirk of this Kingdom, and hath ever since the Reformation given directions in matters of God's Worship, nor by any Act of Parliament, which in things of this kind hath ever been thought necessary by His Majesty, and the Estates. Secondly, Because the Liberty of the true Kirk, and the form of Worship, and Religion, received at the Reformation, and universally practised since, were warranted by the Acts of the General Assemblies, and divers Acts of Parliament, especially of the Parliament 1527, and the late Parliament 1633. Thirdly, The Kirk of Scotland is a free and Independent Kirk, and her own Pastors should be most able to discern and direct what doth best beseem our measure of Reformation, and what may seem most for the good of the People. Fourthly, It is not unknown to your Lordships what disputing, division, and trouble hath been in this Kirk, about some few of the main Ceremonies contained in this Book, which being examined, as we shall be ready (a competent time being assigned by your Lordships) to shew, will be found to depart far from the form of Worship and Reformation of this Kirk, and in Points most material to do all near to the Kirk of Rome; which for Heresies in Doctrine, Superstition and Idolatry in Worship, Tyranny in Government and Wickedness every way, is as Antichristian now as when we came out of her. Fifthly, The People have been otherwise taught by us, and our Predecessors in our Places, ever since the Reformation, and so it is likely they will be found unwilling to the change when they shall be assayed, even where their Pastors are willing. In respect whereof the said Letters of Horning, whose effect and execution thereof ought to be suspended simpliciter in time coming. Therefore we beseech your Lordships, that we may have Letters direct, charging the Persons who have caused this Charge against us to compeir personally, and to bring and produce the said Letters of Horning, with the Execution and Indorsations thereof before your Lordships at a certain day, to be seen and considered of, and in the mean time to suspend them, and your Lordship's Answer We humbly pray.
To which this short Answer was given by the Bishop of Ross; letting the Petitioners know, That whereas they pretend ignorance of what is contained in the Book, it appears by their many Objections and Exceptions in all parts of it almost, that they are too well versed in it, but have abused it pitifully; the Bishop asserting, that not the General Assembly, (which consists of a Multitude) but the Bishops have the Authority to govern the Church, and are the representative Church of the Kingdom. That they will never be able (do what they can) to prove what is contained in the Service-Book to be either Superstitious or Idolatrous, but that it is one of the most Orthodox and perfect Liturgies in the Christian Church.
Now that which startled the Scots most, as to the Service-Book in Point of Popery, was concerning the words prescribed therein to be used at the receiving of the Sacrament in the very delivery of the Bread and Wine after Consecration, wherein there was this Alteration made by way of an Index Expurgatorius, (as the Scots termed it;) for the ancient English form stood thus in the Liturgy, viz. The Body of our Lord Jesus Christ which was given for thee, preserve the Body and Soul unto Everlasting Life. And take and eat this in Remembrance that Christ died for thee, and feed on him in thy Heart by Faith with Thanksgiving.
The Blood of our Lord Jesus Christ which was shed for thee, preserve the Body and Soul unto Everlasting Life. And drink this in Remembrance that Christ's Blood was shed for thee, and be thankful : But the latter words, viz. And take and eat this in Remembrance that Christ died for thee, and feed on him in thy Heart by Faith with Thanksgiving, in the one; And drink this in Remembrance that Christ Blood was shed for thee, and be thankful, in the other, were left out; and the Party Receiving is only to say Amen. And accordingly the said latter Passages were omitted in the Printed Service-Book; which remarkable Alteration gave the Scots occasion of Jealousies, that it was done to conform to the very Roman Missal, and order of the Mass, as followeth.
Hence the Scots apprehended it was a Design to introduce a Transubstantiation of the Bread and Wine into Christ's very Body and Blood, and an External Receiving of them with the Mouth, to make a compleat Sacrifice of the Mass, which these Expunged Clauses do expresly contradict; and takes away all opinion of any Transubstantiation, or Corporal Eating of Christ's Body, or drinking his Blood in the Sacrament.
The Arch-bishop of Canterbury writes a Letter to the Arch-bishop of St. Andrews, dated September 4. 1637. and so much of it as concerneth the late Tumults about the Service-Book in Scotland, followeth in these words.
Touching the Tumult, I can say no more than I have already, and for the casting of any fault upon your Grace, and the rest of your Brethren, as if the thing were done precipitately, I think few Men will believe that; but that which is thought here is, that though you took advice among your selves, yet the whole Body of the Council was not acquainted with all your determinations, nor their advice taken, nor their Power called in for assistance, till it was too late; and that after the thing was done, you consulted apart, and sent up to the King without calling a Council, or joyning the Lay-Lords with you; whereas all was little enough in a Business of this nature, and so much opposed by some Factious Men gathered (it seems) purposely together at Edenburgh, to disturb this Business: And indeed, my Lord, you could not in this particular have engaged the Lay-Lords too far; and if any Lord here speak too much when he thought the Service might have been received throughout all that Kingdom in one day, I hope your Grace falls as much too short on the other side; for I hope it will be setled in far less time than seven years. And whereas you write, that the fault is most in your Ministers, I easily believe that to be true, but then they should have been delt withal before-hand, and made plyable, especially in Edenburgh, or else some others appointed in the room of such as disliked. And since your Grace is of opinion, that a sharper course would do more good, and that you would have taken such with Mr. Ramsey, (if my Lords had not altered your opinion) His Majesty leaves you to take that course both with him and others as you shall find fittest for His Service, and the Churches. And for the Post script, I am sorry as well as you for Mr. Rollock, and that is all I have to say of him; so desiring God to bless you through these Troubles, I leave you, &c.
On September 11. the Arch-bishop of Canterbury writ another Letter to the Earl of Traquair, wherein he takes notice, that the Puritan Party receives incouragement by the disturbance given to the reading of the Service-Book.
Arch-Bishop of Canterburies Letter to the Lord Traquair, September 11. 1637.
My very good Lord,
I Have received your Letter of August 20. and am very glad to read in them, that mine came safe to you, by your Servant: For the Business, I had some little Inkling given me by my Lord Strivling about the stay of the Service-Book; but till I read your Letter, I did not believe it possible that way should be given to an Interdiction, especially considering how strongly you had ever opposed it, and withal how weak and uncounsellable (at least in my Judgment) the thing it self was, for they could not but foresee, that that course would add a great deal of heartning and encouragement to the Puritan Party: And therefore 'tis no wonder, such Lords, and others as were ill-affected to the Liturgy; were easie in giving way to that Council, which they could not but see would advance their own ends; but that my Lord of Ross should give the advice, and my Lord of St. Andrews follow it with such stiffness, may be a wonder to any man that knows them and the Business.
My Lord St. Andrews hath lately written to me, that my Lord of Ross was gone into his Diocess; but for my part, I did not think that all the rest would have gone away, and left the Business; for they cannot but think, that the adverse part would make use of the present time to put further difficulties upon the Work; and therefore they should have been as careful to uphold it, my Lord of Ross especially, whose Hand hath been as much in it as the most. But since they are gone, His Majesty takes it extreamly well from my Lords of Edenburgh, Galloway, and Dunblane, that they stay and attend the Business as well as they can; but he hath expresly commanded me to give your Lordship thanks for staying with them, and keeping them so well in heart; for as the Business is now foyled, if you do not stick close to Gods and the Kings Service in it, it will certainly suffer more than it is fit it should.
His Majesty likewise takes it exceeding well from your Lordship, that you have dealt with the City of Edenburgh for maintenance for such as shall take upon them to read the Liturgy; and takes it well from the City it self, from whom I have received a very fair discreet Letter, which I have shewed His Majesty, and writ the City an Answer by this Return, and given them His Majesties thanks, which indeed He commanded me to do very heartily: And in truth they deserve it, especially as the Times stand.
As for the Ministers of Edenburgh, I know the refusal of Mr. Ramsey and Mr. Rollock, but that any other of them stuck at it, or that any Bishops seem not to be forward, is more than I heard till now; but for that of Mr. Ramsey, or any of the Bishops that would have somewhat amended, if that should be yielded unto now (unless they should be able to give such reason against it, as I know they cannot) it would mightily dishonour the King, who to my knowledge hath carefully look'd over, and approved every word in this Liturgy; and I doubt it would utterly destroy the Service it self, for while one man out of a humour dislikes one thing, and another another thing, by that time every mans dislike were satisfied, I doubt there would be but little left to serve God with: Besides, it is not improbable, but that some men would be as earnest to have the self-same thing kept in, which others would have so fain thrust out, what e're it be; and that may make it grow up into a formal contestation upon some particulars, and quite distemper the Service. But whereas you write, That some Bishops speak plainly, that if their opinions had been craved, they would have advised the amending of some thing: Truly for that, and in that way, I would with all my heart they had seen it; and why my Lord of St. Andrews, and they which were trusted by the King, did not discreetly acquaint every Bishop with it, (considering that every Bishop must be used in their several Diocesses) I know no reason; and sure I am there was no prohibition upon them. And since I hear from others, that some exception is taken, because there is more in that Liturgy in some few Particulars, than is in the Liturgy in England, why did they not then admit the Liturgy of England without more ado? But by their refusal of that, and the dislike of this, 'tis more than manifest they would have neither, perhaps, yea, none at all, were they left to themselves. But, my Lord to your self only, and in your ear, a great favour you should do me, if you will get my Lord of Galloway to set me down in brief Propositions, without any further Discourse, all the exceptions that are taken against the Liturgy by Ramsey, Rollock, or any other; and I could be content to know who the Bishops are, who would have amended something, had they been advised with, and what that is which they would have so amended, &c.
On the 25th, and 26th, there hapned some further disturbances by the confluence of the People, as the Lords of the Secret-Council were sitting two days together, with which the Magistrates of Edenburgh seemed to be much dissatisfied; and having at last quieted the People, thought fit to write this ensuing Letter to the Arch-Bishop of Canterbury, dated the 26th of September 1637.
We do receive your Grace's kind Letter, and from our hearts we do render your Grace most hearty thanks, and as we have hitherto found your special favour in this matter, concerning the lately imprinted Service-Book, where-anent we did write to your Grace formerly, shewing our dutiful and obedient resolution, not only in our selves, but in the greatest and best part of our Inhabitants, of whom from time to time, as we have had most confident assurance, so now we must again become new Suitors at your Grace's hands, to receive from us a true information of the difference of the present time, and of that when we did presume to write the occasions thereof: which is, That since our last there hath been such an innumerable confluence of people from all the corners of this Kingdom, both of Clergy and Laity, and of all degrees, by occasion of two Council-days, and such things suggested to our poor ignorant people, that they have razed out what we by great and continual pains had imprinted in their minds, and diverted them altogether from their former resolutions; so that now when we were urged by our selves alone, we could not adventure, but were forced to supplicate the Lords of Council to continue us in the state they had done the rest of the Kingdom, having hitherto forborn, either to combine with them, or to countenance them in their Supplications; yet we will not forbear to do our Master's Service to our power, but shall study to imprint in their minds, what hath been taken away: in the interim we will humbly beg your Grace's Favour and Intercession with His Majesty, that we may be kept still in His Favour, which we do esteem our greatest earthly felicity, and that what course shall be taken with the rest of this Kingdom in that matter, who have presented many supplications, and with whom we have in no ways combined, that the same and no other may be taken with us, wherein we are confident to prevail, as much as any other within the Kingdom; and in all things shall endeavour nothing more, than that we may approve our selves most dutiful and obedient Subjects. Thus relying upon your Grace's Favour, as our most assured refuge, we kiss your Grace's hands, and rest
All Business now for a time seemed to be hushed and calmed, by reason of the long Vacation, which in that Kingdom beginneth always on Lammas day August the first, and the Harvest which drew all sorts of People from Edenburgh, except the Citizens; so that little or nothing was done between the last of July and the first of October, save that some Ministers, as is before mentioned, Petitioned the Lords of the Council for suspending the Letters whereby they were charged to receive the Service-Book.
But as soon as Harvest was done, the conflux of all sorts of the King's Subjects, Nobility, Gentry, Ministers and Burgesses, from all parts of that Kingdom, came to be so great at Edenburgh, and after such a tumultuous manner, as that a present insurrection was justly feared, which forced the Council (then assembled at Edenburgh upon the day before appointed by them, viz. the 17th of October ) to make three Proclamations, the first to give notice, that on that day nothing should be treated of at the Council-Table concerning Church-business, until the Lords might see the times and meeting of His Majesties Subjects more quiet and peaceable; and therefore commanded all who were come thither about any such business, peaceably to repair to their own homes within twenty four hours, under the pains expressed in the said Proclamation. A second was for removing the Session (which in England is called the Term ) from Edenburgh to Linlithgow for fear of present danger, if this great concourse of People should not some way be diverted and divided, especially considering that those of Edenburgh were now apparently perverted and become very ill-affected to the King and Council. A third Proclamation for bringing in and burning a certain seditious Book newly dispersed amongst our Subjects there, tending to Sedition and the Disgrace of our Ecclesiastical Government here in England. All which Proclamations bore date the 17th of October 1637, and were as followeth.
The first Proclamation dated October 17. 1637.
Forasmuch as it hath pleased the King's Majesty, upon divers good Respects and Considerations, to give Warrant and Direction to the Lords of His Majesties Privy-Council, for dissolving the meeting of the Council this day, so far as concerneth matters of the Church. And that every one that hath come to attend this business, repair to their own dwellings, except such persons as shall make known to the said Lords of Council just cause of stay, for their particular affairs: Therefore the said Lords according to His Majesties Special Warrant and Direction sent unto them, have dissolved, and by the tenour hereof, do dissolve the Meeting of the Council this day, in so far as concerns the business above written; and ordains a Macer of Council to pass to the Mercate Cross of Edenburgh, and to make publication hereof; and to command every one that hath come hither to attend this business, to repair home to their own Dwellings within twenty four hours after the Publication hereof, except such persons as shall make known to the said Lords, just cause of their further particular affairs in manner aforesaid, under pain of Rebellion, and of putting them to the Horn, with certification to them, that if they fail they shall be denounced Rebels, and put to the Horn, and all their moveable Goods escheat to His Majesties use.
The second Proclamation dated October 17. 1637.
Forasmuch as it hath pleased the King's Majesty, upon divers great and good Considerations known to His Majesty, to remove his Council and Session from the City of Edenburgh to the Burgh of Dundee: And whereas it is inconvenient at this time to remove it so far, His Majesty is graciously pleased, that this next Session shall be holden at the Burgh of Linlithgow, and the next after the Ordinary vacants at the Burgh of Dundee, and there to remain, during His Majesties Pleasure: And therefore the said Lords, according to His Majesties special direction, ordains Macers or Officers of Arms to pass and make publication hereof to all His Majesties good Subjects by open Proclamation at all places needful, whereby they can pretend no ignorance thereof, but may prepare themselves to attend at Linlithgow and Dundee accordingly.
A third Proclamation dated October 17. 1637.
Forasmuch as the King's Majesty is credibly informed, that there is a certain Book entituled, A Dispute against the English Popish Ceremonies, obtruded upon the Kirk of Scotland; and hath been sent abroad and dispersed in this Kingdom, purposely to stir the hearts and affections of the Subjects from their due Obedience and Allegiance: And therefore it hath pleased His Majesty to give Order and Direction to his Councel, that diligent inquiry and search be made for the said Book. And for this effect the said Lords ordains Letters to be directed to make intimation and publication to all His Majesties Subjects, that such of them as have any of the said Books, bring in the same to the Lords of His Majesties Privy-Council, betwixt the date of His Proclamation and the day of and the said Books being brought in, that the same be publickly burnt, certifying all His Majesties Subjects, if any of those Books shall be found, or known to have been with any of them, after the time aforesaid, that they shall incur the like Censure and Punishment, as the Author may be found to deserve, for any thing contained in that Book.
Upon the publishing of these three Proclamations, and the intended removal of the Session or Term from Edenburgh to Linlithgow, a new Tumult fell out in Edenburgh upon October 18. against the Earl of Traquair and some of the Bishops, whom the People in their fury went about to have killed; (as it was apprehended) and the Bishop of Galloway as he was peaceably passing along the street towards the Council-house, suddenly an inraged multitude surrounded him, and followed him with fearful cursing and exclamations close to the Council-door, where he was again encountred a-fresh with another multitude, who watched and lay in wait for his coming thither, and whose fury exceeded words; for in all probability the Bishop had been pulled to pieces by them, if by Divine Providence he had not been defended by Francis Steward, who with much ado, got the Bishop within the Doors of the Council-house, where the Lord Chief Justice staid for him: but when he was there, that place of Highest Reverence within that Kingdom, was no Sanctuary for him; for they continued demanding his person, and threatning him with death. The report hereof, and the Danger of their Lord's Life was brought by some of the Bishop's Servants presently to the Earl of Traquair, Lord Treasurer, and the Earl of Wigton, one of the Lords of the Council, who were then at a Lodging not far from thence; they came presently with their followers to the relief of the Bishop, but very hardly (for the crowd of the Mutiners) could approach the Council-house where he was; at last when with much ado they got entrance, they found themselves in no better case than the Bishop was, for the peoples fury meeting with no proportionable resistance, increased the more; the Lords thus beset in the Council-house, sent privately to the Lord Provost, Bayliffs, and Council of Edenburgh, (who were then assembled in their own Council-house) requiring them to come to their reseue, and to take some present order for their safety: they by one Sir Thomas Thompson, who indeed was an eye witness of the truth of it, returned this Answer, that they were in the same, if not a worse case themselves, if the Lords without did not presently pacifie the inraged multitude; that the whole streets were pestered with disorderly people; that their Council-house was beset without and thronged within, with their own threatning Citizens, who had vowed to kill all within the House, unleis they did presently subscribe to a Paper presented to them, which for fear of their lives they were forced to do: which Paper contained these three particulars.
Thirdly, That they should restore unto his place one Henderson, a silenced Reader. No better answer being returned, the Lord Treasurer and the Earl of Wigton with their Followers resolved to go up to the Town Council-house, and to use the uttermost of their Authority, or (if that found no respect) their best perswasions for fetling the present Sedition: when they came thither, they found the Magistrates very much discomposed, and greatly perplexed; as much doubting whether ever they should escape from the place with their lives, yet they presently entred into consultation with them, about what was fittest to be done in such an exigent; and finding now that the publick divulging of that Paper, which the Magistrates and Council of the City had subscribed, an that the open proclamation of it throughout all their turbulent Troops, and at the Cross, had a little asswaged their furious rage, the Lords begun to advise with the Magistrates what was best to be done for the safety of the Bishop of Galloway, whom they had left besieged in the Council-house; it was thought fit by all, that the Lords should return to our Council-house, and contain themselves therein till the Magistrates might try what they could do for calming the Commotion in the Streets: but no sooner had the Lords presented themselves to the Streets, but they were received with such violence, as they were forced to retire, untill such time as two of the Bayliffs, with their Sergeants and Officers, and such others as they got to attend them, accompanying the Lords, and repeating to the Multitude what had been yielded to, in the Paper exhibited to them, a little way was made at first; but presently when they entred upon the Great-Street, the Barbarous Multitude run most inragedly upon them; their out-crys were horrible and confused, but were (as much as in such a confusion could be distinguished) God defend all those who will defend God's Cause, and God confound the Service-Book, and all the maintainers of it. The Lords being in present and imminent danger, assured the People that they would represent their grievances to His Majesty; for when they perceived that the People refused to obey any Commandment which was laid upon them in the King's Name, and that they slighted their requiring of them to retire unto their own Houses, and to behave themselves as quiet and good Subjects, under pain of His Majesties highest displeasure, they were glad then to take themselves to entreaties and plausible perswasions, but all in vain; for the People still encreased their fury, and that to such a height, as that the Lord Treasurer was thrown down, his Hat, Cloak, and White-Staff pulled from him, so that if by the strength of some about him he had not been pulled up presently again upon his Feet, he had undoubtedly been trod to death; and in that posture without Hat or Cloak, like a notorious Malefactor, was he carried by the Croud to the Council-house-door, where the Bishop of Galloway and others of the Council were imprisonedin great fear, expecting the Lords return for their relief.
Not long after the Provost and Bailiffs came thither to them, told them they had used their uttermost power and perswasions with the best, ablest, and of the prime esteem of all their Citizens, for the appeasing of the present Tumult, and securing their Lordships persons, but could find no concurrence nor obedience. Whereupon the Lords resolved to send for some of the Nobility and Gentry, and others who were now frequently assembled for assisting the Petition against the Service-Book, to trie what help they would or could contribute for quieting the inraged People, and what assistance they might expect from them in freeing them from the present danger. They being sent for, came to the Lords, and declared unto them how much they were unsatisfied with the present mutiny, offered their Persons and Powers for securing them from all violence, which the Lords in the Council-house accepting of, with much ado (being guarded by them whom the People would not offend) the Lord Treasurer got to the Palace at Haly-Rood-House, and the Bishop of Galloway to his Lodging: but the Lord Provost was again set upon, as he was entring his own House, and was so pressed upon by the Multitude that they crouded with him into his own Yard, railing upon him and throwing Stones at his Windows, until some of his Servants discharging a Piece, which had nothing but Powder in it, they retired for fear.
This Morning Storm being a little blown over, the Council in the Afternoon met at the Palace at Haly-Rood-House, and commanded a Proclamation presently to be made at the Cross of Edenburgh, the tenour whereof here followeth.
Forasmuch as a number of the Lords of His Majesties Privy-Council, as likewise the Town Council of Edenburgh, being this day conveened in their several Judicatories, for His Majesties special affairs and service, they were most rudely interrupted in the Course of their proceedings, by a tumultuous gathering of the promiscuous and vulgar Multitude, by whom His Majesties Council and Servants in an open way was shamefully environed; which being a matter very disgraceful to His Majesties Authority and Lawful Government, and which in the consequence thereof may produce dangerous effects, if the like be not prevented in the time to come: therefore the Lords of the Secret Council, according to the duty of their place and charge incumbent to them, ordains a Macer of Council to pass to the Mercate-Cross of Edenburgh, and there by open Proclamation to discharge all publick Gatherings and Convocations of His Majesties Subjects, within the City of Edenburgh, and upon the Streets thereof; as likewise all private meetings tending to faction and tumult; and in His Majesties Name and Authority, to command all His Majesties Lieges and Inhabitants within the said City to contain themselves in peace and quietness: and for that effect to keep their Houses, except when their lawful business doth otherwise call them, under all highest pain and charge, that by rigour of Law can be inflicted upon the contraveeners of the premises in manner above expressed.
Notwithstanding this Proclamation, the next Council-day the People of Edenburgh sent their Commissioners publickly to the Council-Table, to require that their Ministers and Reader might be restored to them, and that they might have assurance for the performance of what was lately promised to them by their Magistrates, meaning those three things before mentioned, which they were enforced to agree unto by the former Tumult.
After these Tumults there were presented to the Lord Chancellor and Council two Petitions; one in name of all the Men, Women, Children and Servants of Edenburgh, only against the Service-Book: And another in the name of the Noblemen, Gentry, Ministers and Burgesses against the Service-Book, and Book of Canons: that to the Lord Chancellor was as followeth.
We Men, Women, and Children, and Servants, Indwellers within the Burgh of Edenburgh; That whereas we being urged with this Book of Service, and having considered the same, we find many things therein so far different from that from of Gods publick worship, universally received and professed within this Kingdom; and we Burgesses being at our entry and admission deeply sworn for the maintenance thereof, that now makes our hearts to tremble, and our weak Consciences will not suffer us to imbrace and practice this urged service: We have this long time past winked at some former alterations, being put in hope that no further Innovations should follow; but now we being oppressed with our just fears, to see our selves deprived of that liberty in serving God, which hath ever been approved by Church and Kingdom, in place whereof we are now like to be constrained to imbrace another, which hath neither been agitated nor received either by General Assembly or Parliament: in such extremity we are most humbly to supplicate your Lorship, to consider our present estate, that this business is a matter of so great weight and consequence, as should not appear to be a needless noise of simple Women; but it is the absolute desire of our hearts for preservation of True Religion amongst us, which is dearer to us than either Estate or Life: and therefore we do crave, that as the rest of the Kingdom, so we may have a time to advise, and that your Lordship may find out some way, whereby we may be delivered from the fear of this and all other Innovations of this kind, and have the happiness to enjoy the True Religion, as it hath been by the great mercy of God reformed in this Land, and authorised by His Majesty, who may long and prosperously reign over us. And your Lordships answer.
We Noble-men, Barons, Ministers, Burgesses, and Commons; That whereas we were in humble and quiet manner, attending a gracious Answer of our former supplications against the Service-Book imposed upon us, and ready to shew the great inconveniences, which upon the introduction thereof must ensue; we are without any known desert, far beyond our expectation, surprized and charged by publick Proclamation to depart out of the Town within twenty four hours thereafter under pain of Rebellion; by which peremptory and unusual charge, our fears of a more severe and strict course of proceeding are augmented, and course of our supplication interrupted. Wherefore we are constrained, out of the deep grief of our hearts, humbly to remonstrate; That whereas the Arch-Bishops and Bishops of this Realm, being intrusted by His Majesty with the Government of the affairs of the Church of Scotland, have drawn up, and set forth, and caused to be drawn up and set forth and injoyned upon the Subjects two Books; in the one whereof, called the Book of Common-Prayer, not only are sown the seeds of divers Superstitions, Idolatry and False-doctrine, contrary to the true Religion established within this Realm by divers Acts of Parliament; but also the Service-Book of England is abused, especially in the matter of Communion, by Additions, Substractions, interchanging of Words and Sentences, falsifying of Titles, and misplacing of Collects, to the disadvantage of Reformation, as the Romish Mass is, in the more substantial points, made up therein, as we offer to instruct in time and place convenient, quite contrary unto, and for reversing the gracious intentions of the Blessed Reformers of Religion in England. In the other Book, called Canons and Constitutions for the Government of the Church of Scotland, they have ordained, that whosoever shall affirm that the form of Worship inserted in the Book of Common Prayer and administration of the Sacraments, (whereof heretofore and now we most justly complain) doth contain any thing repugnant to the Scriptures, or are Corrupt, Superstitious or unlawful in the Service and Worship of God, shall be excommunicated and not be restored, but by the Bishop of the place, or Arch-Bishop of the Province, after his repentance, and publick revocation of this his wicked error; besides a hundred Canons more, many of them tending to the reviving and fostering of abolished Superstitions, and Errors, and to the overthrow of our Church discipline, established by Acts of Parliament, opening a Door for what further Invention of Religion they please to make, and stopping the way, which Law before did allow unto us, for suppressing of Error and Superstition, and ordaining that where in any of the Canons there is no penalty expresly set down, the punishment shall be arbitrary, as the Bishop shall think fittest. All which Canons were never seen or allowed in any General Assembly, but are imposed contrary to order of Law appointed in this Realm for establishing Constitutions Ecclesiastical; unto which two Books, the foresaid Prelates have under trust procured His Majesties Royal-hand and Letters Patents, for pressing the same upon His Loyal Subjects, and are the contrivers and devisers of the same, as doth clearly appear by the Frontispiece of the Book of Common Prayer, and have begun to urge the acceptance of the same, not only by Injunctions given in Provincial Assemblies, but also by open Proclamation and charge of Horning, whereby we are driven in such straits, as we must either by process of Excommunication and Horning, suffer the ruine of our Estates and Fortunes, or else by breach of our Covenant with God, and forsaking the way of True Religion, fall under the wrath of God, which unto us is more grievous than death. Wherefore we being perswaded, that these their proceedings are contrary to our Gracious Soveraign his pious intentions, who out of his Zeal and Princely Care of the preservation of True Religion established in this his ancient Kingdom, hath ratified the same in His Highness Parliament 1633. And so His Majesty to be highly wronged by the said Prelates, who have so far abused their Credit with so good a King, as thus to ensnare His Subjects, rend our Church, undermine Religion in Doctrine, Sacraments, and Discipline, move discontent between the King and His Subjects, and discord between Subject and Subject, contrary to several Acts of Parliament. We out of bound duty to God, our King, and Native Country complain of the foresaid Prelates, humbly craving, that this matter may be put to tryal, and these our Parties taken order with according to the Laws of the Realm: and they be not suffered to fit any more as Judges, until the Cause be tried and decided according to justice. And if this shall seem to be to you a matter of higher Importance than you will condescend unto, before His Majesty be acquainted therewith, then we humbly supplicate, That this our grievance and complaint may be fully represented to His Majesty, that from the influence of his gracious Soveraignty and Justice, these wrongs may be redressed, and we have the happiness to enjoy the Religion, as it hath been reformed in this Land.
These Petitions were sent up to the King by the Secret-Council: but the King finding no disavowing of the late Tumults, resolved to delay the Answering of their Petitions; but in the mean time commanded His Privy Council to signifie to His Subjects His averseness from Popery, and detestation of Superstition: and so accordingly the Council caused the ensuing Proclamation to be made at Linlithgow, dated December the 7th, 1637, being as followeth.
Forasmuch as the King's Majesty having seen the Petition presented to the Lords of His Privy Council, and by them sent up to His Majesty concerning the Service-Book, determined to have taken the same into Consideration, and to have given His Gracious Answer there-anent with all convenience; like as His Majesty by His Letter to His Council, of the date of the 9th of October last, did signifie His Gracious Resolution to the effect aforesaid: but since that time His Majesty finding (far contrary to his expectation) that such disorderly, tumultuous and barbarous Insolencies have been committed within the City of Edenburgh upon the 18th day of October last, to the great contempt of His Majesties Royal Authority, by abusing His Majesties Councellors and Officers of State, with others bearing Charge and Authority under His Majesty within the said City; His Majesty in a just resentment of that foul indignity (wherein His Majesties Honour did so much suffer) hath been moved to delay the signification of His Majesties gracious intentions, in giving to His Subjects such satisfactory Answers to their Petitions, as in equity might be expected from so Just and Religious a Prince: but yet His Majesty being unwilling that his Loyal and Faithful Subjects should be possessed with groundless and unnecessary doubs and fears, His Majesty is pleased out of His Goodness to declare, like as by these presents he declareth, That as he abhorreth all superstition of Popery, so he will be most careful, that nothing be allowed within His Majesties Dominions, but that which shall tend to the advancement of True Religion, as it is presently professed within His most ancient Kingdom of Scotland, and that nothing is or was intended to be done therein, against the laudable Laws of this His Majesties Native Kingdom; and ordaineth publication to be made thereof in farm as aforesaid.
Having given the Reader the trouble with an account of the Scotish Affairs, from the twenty third of July to the month of December, we shall now revert to England, and give an account of affairs there as we left them in order of time.
At this time it was endeavoured to block up the passage of those voluntary Exiles that were willing to go to another part of the World: where, as they said, they might not meet with such disturbance as they had here in England from the Ecclesiastical Courts. Here followeth the Proclamation prohibiting their Exportation.
The King being informed, that great numbers of His Subjects were yearly transported into those parts of America, which have been granted by Patent to several Persons, and there settle themselves, some of them with their Families, and whole Estates, amongst whom were many idle and refractory humors, whose only or principal end is to live without the reach of Authority; did command His Officers, and Ministers of the Ports, not to suffer any Persons, being Subsidy-Men, or of their value, to pass to any of those Plantations without a Licence from His Majesties Commissioners for Plantations first obtained; nor any under the Degree of Subsidy-men, without a Certificate from two Justices of Peace where they lived, that they have taken the Daths of Allegiance and Supremacy, and a Testimony from the Minister of the Parish of their Conformity to the Orders and Discipline of the Church of England.
The Privy-Council made another Order for Reasons importing the State best known to themselves, 'That the Lord Treasurer of England shall take speedy and effectual course for the stay of eight Ships now in the River of Thomes, prepared to go for New-England, and shall likewise give Order for the putting on Land all the Passengers and Provisions therein intended for that Voyage. And some days after His Majesty, and the Board, taking into consideration the frequent resort into New-England of divers Persons ill-affected to the Religion established in the Church of England, and to the good and peaceable Government of this State, howbeit, upon the humble Petition of the Merchants, Passengers, and owners of the Ships now bound for New-England, and upon the Reasons by them represented to the Board, His Majesty was then graciously pleased to free them from the late Restraint to proceed in their intended Voyage. Nevertheless His Majesty knowing the Factious disposition of a great part of the People of that Plantation, and how unfit and unworthy they are of any support or countenance from hence in respect of the great disorders and want of Government among them, whereof sundry and great Complaints have been presented to the Board, and made appear to be true, by those that being well-affected both for Religion and Government, have suffered much loss in their Estates by the unruly Factious Party, did think fit and Order, That Mr. Attorney-General shall forthwith draw up a Proclamation expressing His Majesties Royal Pleasure to prohibit all Merchants, Masters, and Owners of Ships, henceforward to set forth any Ship or Ships with Passengers for New-England, till they have first obtained special Licence on that behalf, from such of the Lords of His Majesties most Honourable Privy-Council, as are appointed for the Business of Forreign Plantations by special Commission.
Whereas it is observed, That such Ministers who are unconformable to the Discipline and Ceremonies of the Church, have and do frequently transport themselves to the Summer-Islands, and other His Majesties Plantations abroad, where they take liberty to nourish and preserve their factious and Schismatical humors, to the seducing and abusing of His Majesties Subjects, and the hindrance of that good Conformity and Unity in the Church, which His Majesty is careful and desirous to establish throughout His Dominions: We are therefore in His Majesties Name, and by His express Command, to pray and require your Lordship, to take present and strict order that no Clergy-man be henceforth suffered to go over into the Summer-Islands, but such only as shall have approbation on that behalf from Our very good Lords, the Lord Arch-bishop of Canterbury his Grace, and the Lord Bishop of London. And for all such of them as are already gone thither without such approbation, that you cause them forthwith to be remanded back hither.
The severe Censures in Star-Chamber, and the greatness of the Fines, and the rigorous Proceedings to impose Ceremonies, the suspending and silencing Multitudes of Ministers, for not reading in the Church the Book for Sports to be exercised on the Lords day, caused many of the Nation, both Ministers and others, to sell their Estates, and to set Sail for New-England, (a late Plantation in America ) where they hold a Plantation by Patent from the King.
At this time there was a great discourse, that the Arch-Bishop of Canterbury his Chaplain had Licensed a Book containing Passages tending to Popery, which got so great ground and credit in the Report, as the State thought fit to purge themselves from owning any such Passages in the Book; and the Chaplain being well befriended, did acquit himself, as by the following Proclamation doth appear.
A Proclamation for calling in a Book intituled an Introduction to a devout Life; and that the same be publickly burnt.
Whereas a Book, entiuled An Introduction to a Devout Life, was lately printed by Nicholas Oakes of London, and many of them published and dispersed throughout the Realm, the Copy of which Book being brought to the Chaplain of the Lord Arch-bishop of Canterbury for Licence and Allowance, was by him, upon diligent perusal, in sundry places expunged and purged of divers Passages therein tending to Popery: Nevertheless the same Book, after it was so amended and allowed to be printed, was corrupted and falsified by the Translator and Stationer, who between them inserted again the same Popish and unsound Passages: And the Stationer is now apprehended, and the Translator sought for to be proceeded against according to Justice.
His Majesty, out of His Pious and constant care, to uphold and maintain the Religion professed in the Church of England in its purity, without error or corruption, doth therefore hereby declare His Royal Will and Pleasure to be, and doth straitly Charge and Command all Persons, of what degree, quality, or condition soever, to whose hands any of the said Books are, or shall come, that without delay they deliver or send them to the Bishop, or Chancellor of the Diocess, whom His Majesty requireth, to cause the same to be publickly burnt, as such of them as have been already seized on have been by His Majesties express Command: And to this His Majesties Royal Pleasure, he requireth all His Loving Subjects to yield all due conformity and obedience, as they will avoid the Censure of high Contempt.
At this time great care was taken about the repair of St. Pauls, and that nothing should stand in the way, which might hinder the beauty of the Church; which occasioned the pulling down of St. Gregories Church, to the great grief, trouble and charge of the Inhabitants: and Cheapside leading into Pauls Churchyard, being very glorious by the shew of Goldsmiths Ships; for the Honour of the City, as well as for the Church, these following Orders were made by the Council-Board, for removing of certain Shops, which did eclipse the glory of that Place.
A Letter from the Lords of the Council to the Lord Major and Aldermen of London.
Whereas by Our Letters of the 15th of July, and last of January 1635. We did not only take notice of the present remisness and backwardness in the then Lord Major and Aldermen in seeing Our directions, by His Majesties express Command, forthwith put in execution, by bringing the Goldsmiths, living dispersed in the City to seat themselves either in Cheapside or Lombard-street, for which purpose We required that all other Tradesmen should be removed, and give place unto them; but if they should obstinately refuse, and remain refractory, then to take security of them to perform the same by a certain day, or in default of giving such security, to commit them to prison until they conform themselves. Notwithstanding all which His Majesty hath been informed, that there are yet a great number of Houses of other several Trades, that live both in Cheapside and Lombard-street, contrary to His Majesties Command, and Our said 'Directions, which neglect being both inexcusable, and very worthy of blame; We must let your Lordship, &c. know, that if speedy and effectual care be not taken by you, in seeing the same duly performed, His Majesty will not pass it by, without calling you to an account for it. And in the mean while We are by His Majesties Command to require and charge you, forthwith to cause all such Shops as are not Goldsmiths, and have been taken or opened either in Cheapside or Lombard-street Our said Letters, to be presently shut up and not permitted to be opened, till further order from this Board; whereof your Lordship, &c. may not fail. And so, &c. Dated the 24th of May 1637. And Signed by,
- Lord Arch-bishop of Canterbury,
- Lord Keeper,
- Lord Treasurer,
- Lord Privy-Seal,
- Lord Great Chamberlain,
- Earl of Dorset,
- Lord Viscount Wimbledon,
- Lord Cottington,
- Mr. Comptroller,
- Mr. Secretary Cooke.
Whereas their Lordships did this day take notice, that contrary to the Orders and Directions of their Lordships, divers Tradesmen which are not Goldsmiths, do contemptuously open a gain their Shops, both in Cheapside and Lomabard-street, though they kept them for a while shut; their Lordships greatly blaming the Lord Major and Aldermen at the City of London, that they have so negligently performed His Majesties Commands, and the strict Directions of the Board, by Letters of the 24th of May last, and before, concerning the shutting up of all such Houses and Shops in Cheapside and Lombard-street as aforesaid, and that some of their Lordships have been Eye-witnessed (very safely) of their disobedience in this particular, did think fit and order, that if the Alderman or his Deputy shall not forthwith cause to be shut up every such Shop standing within his Ward in Cheapside and Lombard-street, which are not Goldsmiths; upon knowledge thereof the said Alderman, or his Deputy, shall be committed to Prison by Warrant from the Board.
By several Letters and Orders of this Board, and particularly that of the 24th of May, and the 7th of July last, we took notice how negligently the then Lord Major and Aldermen bad performed His Majesties Commands, and the strict Directions of this Board, concerning the Shutting up of all such Houses and Shops in Cheapside and Lombard-street as were not Goldsmiths; and did Order, That if the Aldermen of the said Wards or their Deputies, should not forthwith cause to be shut up every such Shop standing within their Wards in Cheapside and Lombard-street, which are not Goldsmiths; the said Alderman, or his Deputy neglecting so to do, should be committed to Prison by Warrant from the Board. Yet nevertheless, as we are informed, there are at the least 24 Houses and Shops that are not inhabited by Goldsmiths, but in some of them are one Grove, and one Widow Hill Stationers, one Dover a Milliner, and one Brown a Bandseller, one Sanders a Drugster, and one Medcalfe a Cook, one Edwards a Girdler, do, by connivance, still inhabit there, having some part of their Shops shut, and the rest open; which contempt of theirs, and dis-respect, and neglect of the Aldermen, or their Deputies of those Wards, as we cannot but take notice of; so we must hereby pray and require your Lordship (without delay) to acquaint the said Aldermen and their Deputies therewith, and that if they do not presently put our former Directions in that particular in execution; we shall then give such further Order, as shall teach them to know, that the Commands of this Board ought not to be slighted. And hereof we shall expect to receive a particular account from your Lordship, who we hope will have a better care to see His Majesties Commands performed on this behalf, than your Predecessors have had. And so, &c. Dated the 12th of January 1637. Signed by
- Lord Keeper,
- Lord Treasurer,
- Lord Privy-Seal,
- Lord Marquess Hamilton,
- Earl Marshal,
- Lord Chamberlain,
- Earl of Dorset,
- Lord Cottington,
- Lord Newburgh,
- Mr. Secretary Cook,
- Mr. Secretary Windebancke.
Most Excellent Sir, Patron most Honoured,
I Would have retained my self from writing to your most Illustrious Lordship, for fear of being to you some impediment, I knowing your many Occupations: but I have heard from many Persons, and in particular by Letters of Seignior Francisco, sometimes my Secretary, the Honourable Mention that other-whiles your most Illustrious Lordship is wont to make of my Person; and having also oftentimes understood from the most famous Seignior Cavaliere Hamilton, and from Father John the Benedictine, how much your most Illustrious Lordship straineth in favouring of me, I have been forced to commit this rude incivility, taking in hand my Pen to give you trouble. I assure your most famous Lordship, that I live so much obliged unto you, that I shall never be able to pretend to give satisfaction for one or the least particle of that which I owe; seeing that during my abode in London, most rare were those days in which I did not receive from your most Illustrious Lordship some Grace in the behalf and favour of the Poor Catholicks, &c.
I must also congratulate my self with your most famous Lordship, concerning the most Noble Manners and Behaviours of your Lordships Sons, the which, with their singular Modesty, and other most Laudable Vertues, have gained such an opinion amongst them that have known them in this Court, that I could never be able to express it, and the Lord Cardinal Barbarino, in particular, cannot satiate himself in praising them. It grieves me not to have had the fortune to meet with them in this City, because willingly I would have attested my devotion towards your most famous Lordship; to the which, and to all your most Illustrious Family, I rest, desiring Eternal Felicity. In the mean while I humbly intreat you to favour me with some Commandment, and I kiss your Hands;
Sir R. B. being one of the Justices of the Court of Kings-Bench, and duly sworn, in Trinity-Term 1637, deferred to discharge or bail Alexander Jennings, Prisoner in the Fleet, brought by Habeas Corpus to the Bar of the said Court; the return of his Commitment being, that he was committed by two several Warrants from the Lords of the Council, dated the fifth of November 1636. the first being read only in Court expressing no cause, the other for not paying Messengers Fees; and until he should bring a Certificate, that he had paid his Assessment for Ship-money in the County of Bucks, they therefore remitted him. And in Michaelmas-Term after, the said Jennings being brought by another Habeas Corpus before him as aforesaid, and the same returned; yet he the said Sir R. B. refused to discharge or bail him, but remitted him. And in Easter-Term, after several Rules were given for His Majesties Councel, to shew cause why the said Jennings should not be bailed; a fourth Rule was made for the said Jennings, to let His Majesties Attorney-General have notice thereof, and notice was given accordingly; and the said Jennings by another Habeas Corpus brought to the Bar in Trinity-Term after, and the same return; with this addition of a new Commitment of the fourth of May, suggesting he the said Jennings had used divers scandalous words in derogation and disparagement of His Majesties Government: he the said Jennings, after several Rules in the end of the said Trinity-Term, was again remitted to Prison; and he the said Sir R.B. did on the fifth of June last, defer to grant His Majesties Writs of Habeas Corpus for William Pargiter, and Samuel Danvers Esquires, Prisoners in the Gatehouse, and in the Fleet; and afterwards having granted the said Writ of Habeas Corpus, the said Pargiter and Danvers were on the eighth of June last brought to the Bar of the said Court, where the returns of their Commitments were several Warrants from the Lords of the Council, not expressing any cause; yet he the said Sir R. B. then sitting in the said Court, deferred to bail the said Pargiter and Danvers, and the eighteenth of June last made a Rule for a new Return to be received, which were returned the 25th of June last in haec verba.
'Whereas His Majesty finding that His Subjects of Scotland have in a Rebellious and hostile manner assembled themselves together, and intend, not only to shake off their obedience unto His Majesty, but also as Enemies, to invade and infest this His Kingdom of England, to the danger of His Royal Person, &c.
For prevention whereof, His Majesty hath, by the Advice of His Council-Board, given special commandment to all the Lord Lieutenants of the Counties of this Realm, appointed for their Rendezvouz, in their several and respective Counties, there to be conducted and drawn together into a Body for this Service. And whereas His Majesty, according to the Laws and Statutes of this Realm, and the constant custom of His Predecessors, Kings and Queens of this Realm, hath power for the defence of this Kingdom, and resisting the force of the Enemies thereof, to grant forth Commissions under His great Seal to such fit Persons as he shall make choice of, to array and arm the Subjects of this Kingdom, and to compel those who are of able Bodies, and of able Estates, to arm themselves; and such as should not be of able Bodies, but of abillity in Estate, to assess them according to their Estates, to contribute towards the Charge of arraying others being able of Body, and not able in Estate to arm themselves; and such Persons as should be contrariant to commit to Prison, there to remain until the King should take further order therein.
And whereas the Earl of Exeter, by vertue of His Majesties Commission to him directed, for the arraying and arming of a certain number of Persons in the County of Northampton, hath assest William Pargiter, being a Man unfit of Body for that Service, but being of Estate and Ability to contribute amongst others, to pay the Sum of Five Shillings towards the arraying and arming of others of able Bodies, and wanting ability to array and arm themselves.
And whereas We have received information from the said Earl, That the said William Pargiter hath not only, in a wilful and disobedient manner refused to pay the said Money assessed upon him towards so important a Service, to the disturbance and hindrance of the necessary defence of this Kingdom; but also by his ill example hath misled many others, and, as we have just cause to believe, hath practised to seduce others from that ready obedience which they owe, and would otherwise have yielded to His Majesties just command, for the publick defence of His Person and Kingdom, which we purpose with all convenient speed to enquire further and examine.
These are therefore to will and require you to take into your Custody the Persons of the said William Pargiter and Samuel Danvers, and them safely to keep Prisoners till further order from this Board, or until by due course of Law they shall be delivered. Yet he the said Sir R. B. being desired to bail the said Pargiter and Danvers remitted them, where they remained Prisoners till the ninth of November last, or thereabouts; although the said Jennings, Pargiter and Danvers, on all and every the said Returns, were clearly bailable by Law; and the Councel of the said Jennings, Pargiter and Danvers, offered in Court very sufficient Bail. And he the said Sir R. B. being one of the Justices of the Court of Kings-Bench, denyed to grant His Majesties Writs of Habeas Corpus to very many others His Majesties Subjects; and when he had granted the said Writs of Habeas Corpus to very many His Majesties Subjects, and on the return no cause appeared, or such only as was clearly bailable by Law: yet he remanded them, where they remained Prisoners very long: Which said deferring to grant the said Writs of Habeas Corpus, and refusals and delays to discharge Prisoners, or suffer them to be bailed, are destructive to the fundamental Laws of this Realm, and contrary to former resolutions in Parliament, and to the Petition of Right; which said Resolutions and Petition of Right were well known to him the said Sir R. B. and were resolved on and Enacted when he was the Kings Serjeant at Law, and Attendant in the Lords House in Parliament.