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 1630.
I Have bin (faith he) about my Diocess, and can set down, out of my knowledge and view, what I shall relate; and shortly to speak much ill matter in a few words. It is very miserable every way; The Cathedral of Ardagh, (one of the most ancient in Ireland, and said to be built by St. Patrick) together with the Bishop's House there, are down to the Ground: The Church here built, but without Bell or Steeple, Font or Calice. The Parish Churches all in a manner ruined, unroofed and unrepaired. The People, saving a few British Planters here and there (which are not the tenth part of the Remnant) obstinate Recusants; a Popish Clergy more numerous by far than we, and in the full exercise of all Jurisdiction Ecclesiastical by their Vicars General, and Officials, who are so confident, as they Excommunicate those that come to our Court, even in Matrimonial Causes; which affront hath bin offered my self by the Popish-Primate's Vicar-General: for which I have begun a Process against him. The Primate himself lives in my Parish, within two miles of my House: The Bishop in another part of my Diocess farther off; every Parish hath his Priest, and some two or three a piece, and so their Mass-Houses: Also in some places Mass is said in the Churches. Friars there are in divers places, who go about, though not in their Habits; and by their importunate begging, impoverish the People, who indeed are generally very poor.
'Whereas by the Grace and Blessing of God, the Kings and Queens of this Realm, for many Ages past, have had the happiness, by their sacred Touch, and Invocation of the Name of God, to cure those who are afflicted with the Disease called the King's Evil: And his now most Excellent Majesty, in no less measure than any of his Royal Predecessors, hath had good success herein; and in his most gracious and pious disposition is as ready and willing as any King or Queen of this Realm ever was, in any thing to relieve the distresses and necessities of his good Subjects; yet in his Princely Wisdom, foreseeing that in this, as in all other things, Order is to be observed, and fit Times are necessary to be appointed for the performing of this great work of Charity: His most excellent Majesty doth hereby publish and declare his Royal Will and Pleasure to be; That whereas heretofore the usual times of presenting such persons to his Majesty for this purpose were Easter and Whitsontide; that from henceforth the times shall be Easter and Michaelmass, as times more convenient both for the temperature of the Season, and in respect of any Contagion, which may happen in this near access to his Majesties Sacred Person; and his Majesty doth accordingly will and command, That from the time of publishing this Proclamation, none presume to repair to his Majesties Royal Court, to be healed of that Disease, before the Feast of St. Michael now next coming.
William Earl of Pembrook on the 10th of April departed this Life; he was the third Earl from his Creation, Lord Warden of the Stannerys, Governour of Portsmouth, Knight of the Garter, Lord High-Steward of the King's Houshold, and Chancellor of the University of Oxford; He supt the night before his Death with the Countess of Bedford at Bishops-gate, upon the day of his Birth, being then of the Age of seventy Years; he went home from thence to Bainard's Castle, admiring his Health, and said, He would never trust a Woman Prophetess for the Lady Daves sake; who told him, He should die that day of his Birth. He went to Bed very well, but died of an Apoplexy before eight in the morning. He was told of the time of his Death long before it happened by the said Lady. Which Lady often said to a greater Person than this Earl, That great misfortune would befal him, for which she was some time imprisoned.
The news of his Death came speedily to the knowledge of the University of Oxford, who two days after chose the Bishop of London Chancellor; and the University shortly after came up to the Ceremony, and gave the Bishop his Oath.
The Ministers of the City of York having given proof of their Obedience, in observing the late Instructions for the Clergy, did on the 24th of May make an Address to the Arch-Bishop of that Province, and to the Lord President of the North, for a more ample allowance.
This Cause was preferred to the Lords of the Privy-Council, who were pleased to take notice thereof; and for the encouragement of their Endeavours, as being fruitful in part already, and giving hope of more Fruit by Catechising, and other Divine Exercises, thought fit that an Addition should be made to their Yearly Maintenance, not exceeding Twenty four Pounds by the Year.
And they consider'd a course that had bin held in the like Cases in the City of London and Norwich, and other Places, which might serve for Precedents. And seeing by Order from the Board, there was an allowance of one penny in a shilling to be paid, according to the yearly Rent of Houses in Norwich, granted to the Ministers, and that willingly by the most, very few refusing, they concluded upon such a course to be used in York, though not exactly restrain'd to that proportion.
Wherefore they directed a Letter to the Lord Arch-Bishop of York, the Lord President of the North, and the Lord Mayor of York, and six of the ancientest Aldermen of that City, to enter into a serious consideration, how the Wants of these Ministers might be supplied, by levying an indifferent and competent Sum out of every Man's House-Rent as might not be burthensom; but so augmenting their allowance, as to enable and encourage them to proceed in that laudable course which they had begun.
The Lords of the Privy-Council, in order to bring in more Revenue to the Crown, advised the King to put forth a Proclamation, declaring his pleasure to confirm to his Subjects their Defective Titles, Estates and Possessions, (as well by colour of former Grants, as without any Grant from the Crown); to which purpose a Commission was lately renewed and granted; which Proclamation bore date May 27, to this effect.
'Whereas the King's most excellent Majesty, in his gracious Favour towards his Loving Subjects, did not only renew his Commission of Grace, but also by his Proclamation given at Whitehall, dated the 6th day of December, in the fourth Year of his Reign, did declare, That in his gracious intention towards his said Subjects, he had authorized the Lords, and others of his Privy-Council, and others of his Judges, and Counsel learned, by his said Commission, to sell, grant, and confirm to such of his Subjects, whom it might concern, their Defective Titles to their Estates and Possessions, in such Manours and Lands which they did enjoy; not only under colour of some Defective Titles, void or insufficient Grants, or by Letters Patents of Concealments, but also for those Manours and Lands which they did possess, meerly by Intrusion and Usurpation, without any colour of Right and Title, they never having had any Grants thereof at all, either from his Majesty, or any of his Predecessors; and yet their said Estates and Possessions are not setled by Act of Parliament, made in the one and twentieth Year of the Reign of his Dear and Royal Father King James, of blessed Memory, lately deceased, entituled, An Act for the general Quiet of the Subjects against all pretences of Concealment; conceiving that the said Subjects would have bin as forward to have embraced his said intended Grace towards them, for their own good and relief, as he was graciously pleased to offer it unto them. But his Majesty finding the contrary, and the same wholly to be neglected, might now in Justice and Reason, reduce to the Crown all such other Manours and Lands whereto his Highness hath Right and Title, and which were not setled by the said Act to the increase of his Revenue. But his Majesty not being willing to construe this in the worst sense, and having nothing more in his Princely desire than the general Good of his Subjects, preferring their Peace and Quiet before his own Benefit, hath once more not only renewed, but also for the greater relief of his said Subjects, enlarged his said Commission of Grace, to sundry his said Lords and others of his Privy-Council, Judges, and Counsel learned, giving them the like Authority to compound with such of his Loving Subjects, whom it may concern, and shall seek composition at their hands for any of the Manours, Lands, Tenements, and other the Hereditaments of the several Natures and Qualities contained and expressed in the Schedule, which his Majesty hath caused hereunto to be annexed, whereby each one, whom it concerneth, may take knowledge, for what and how he may be relieved by the said Commission, if in time and by a due course he shall seek the same.
'But his Majesty doth further declare his Royal Pleasure by his publick Declaration to be, That if those whom it may concern, shall not by or before the Feast of All Saints next, attend his Majesties Commissioners for such moderate and reasonable Compositions as shall be found fit and equal for them, for or concerning any of the said Premises so by them intruded upon, and unjustly detained from his Majesty, that his Majesty will not in prejudice of his just Title and Revenue, defer his own Benefit any longer, but either take a legal course for the reducing of such Manours and Lands, and other the Premises (of such Person and Persons as shall any longer neglect his gracious Offer) to the encrease of his Revenue; or otherwise grant the same over unto such others, as shall be Suitors to him for the same.
'And his Majesty the better to be informed who imbraceth this his Royal Grace, and who neglecteth the same, hath appointed and commanded Robert Tipper of Grays Inn his Majesties Servant, to attend his Majesties Commissioners, as in former times he hath done, who is to acquaint his Majesties said Commissioners with the state of the several Cases of those that shall seek a Composition as aforesaid, and who do accept this his Majesties Grace, and who not; whereupon such further Proceeding may be had according to their said several Neglects, as his Majesty in his Wisdom shall think fittest.
On the 29th of May Prince Charles was born, a little before one of the Clock in the Afternoon; and the Bishop of London had the honour to see him before he was an hour old. At his Birth there appear'd a Star visible that very time of the day, when the King rode to St. Paul's Church to give thanks to God for the Queen's safe delivery of a Son. But this Star then appearing, (fn. 1) some say was the Planet Venus; others Mercury, the Sign of Merlin's Prophecy. The splendor of the Sun shall languish by the paleness of Mercury, and it shall be dreadful to the Beholders. Any Planet (says the Astrologer) within its degrees of the Sun is very unfortunate; and Mercury being the Lord of the Ascendent, and Mid-heaven, was a chief Significator of the Prince his Person, who being afflicted by the presence of the Sun, yet miraculously God did by his power make this Star shine bright in a clear Sun-shine day, which was contrary to Nature. Thus much out of the Reign of King Charles, from his Birth to his Grave, Page 141. Besides the Author of this second Part was present at this appearance of the Star at that time, when the King and his Nobles rid on Horseback to St. Pauls.
Right Reverend Father in God, Right Trusty and Wellbeloved Counsellor, We Greet you well. Whereas it hath pleased God of his infinite Grace and Goodness to vouchsafe unto us a Son born at our Manour of St. James, the 29th day of this present Month of May, to the great comfort not only of our selves in particular, but to the general Joy and Contentment of our Loving Subjects, as being a principal means for the establishment of the prosperous estate and Peace of this and other our Kingdoms, whose Welfare We do and will ever prefer before any other earthly Blessing that can befall us in this Life. We therefore according to the laudable Custom of our Royal Progenitors in like case heretofore used, have thought fit to make known unto you these glad tidings, being well assured that with all dutiful and loving Affection you will embrace whatsoever may make for the prosperous advancement of the publick Good.
On the said 29th of May, a great Cause was brought to hearing in the Star Chamber, concerning a Discourse, entituled, a Proposition for his Majesties Service to bridle the Impertinency of Parliaments. Wherein the King's Attorney General was Plantiff, the Earl of Bedford, the Earl of Clare, the Earl of Somerset, Sir Robert Cotton, John Selden, Oliver St. John, and others Defendants: which Information we have inserted at large in the Appendix to the first part of Historical Collections; here now followeth the Answers of the Defendants, and the Judgment of the Court thereupon, viz.
That the Discourse, as he believed, was either the same that was shewed him in the time of his Attendance near his late Majesty King James, or had many of the same things in it: And finding no cause of concealing a Proposition made in a former King's time, and having no Apprehension, that Scandal to his Majesty, or the present Government, might thereby happen, he casually imparted it to the Earls of Bedford and Clare, who after perusal thereof, delivered their Opinion concerning it, at their next meeting; 'That it was a phantastick Project of some brain-sick Traveller, who had made Collections of some Princes in Italy, and other Foreign States, no way suitable to the Government of this Kingdom. —
And further said, that (besides that one time) there was never any Conference, nor any passage by Letter or otherwise, betwixt them concerning it, or with any other Person, and denied that he either contrived the Proposition, or knew of the contriving thereof, or ever imagined that his Majesty would innovate the ancient Form of Government, dispose of the Estates of his Subjects without their Consents, make or repeal Laws by Proclamation without Consent of Parliament, plant Garrisons in his principal Cities and Towns, or put in execution any part of the said Discourse: And the reason why he did not present the Discourse to his Majesty, or some of the Lords of the Council, or some Magistrate, was, because he did not conceive the same did in any sort concern the time of his Majesties Government, but was contrived in some former time, as appeared manifestly, by the particulars therein contained; and that about 16, or 17 years ago, Sir David Fowles shewed him the Project, to whom he replied, 'That he was satisfied no use could be made thereof, and so he redelivered it, and concluded that the divulging thereof was in his opinion pardoned by the general Pardon granted upon his now Majesties Coronation.
The rest of the Defendents denied any their contrivance thereof, alledging the Author (as they were informed) was living beyond Sea, and that they ought not to be questioned for it, being writ in the time of King James, and not in reference to his now Majesties Government, denying that they had the least thought or intention to scandalize the Government; for that they rejected the Discourse as soon as they read it, as a foolish and impertinent issue of some projecting Brain; and they averred their detestation of such a Project, and that they bore Loyal Hearts to his Majesty, and blessed God for the happy and peaceable Government under him.
After the Publication of the Cause in order to a Hearing, it appeared by the Depositions of Sir David Fowles, that he received the said Writing from one Mr. Yates, in the time of King James, who brought it from Sir Robert Dudly at Florence, together with a Letter, desiring him to deliver it to the Earl of Somerset, that he might communicate it to King James, which was done accordingly, and that in his hearing the Earl signified a dislike thereof. And that he received it back from the Earl (being the Original) and kept it by him till the Lords of the Council sent for it, and that he made no Copy thereof.
So this Cause coming to Hearing, a great presence of Nobility being in Court, the Attorney General opened the Charge But before much proceeding, his Majesty sent word unto the Lord Keeper Coventry, then in Court, that the Queen was brought to Bed of a Son, and a private Message also was delivered to him from the King; whereupon the Lord Keeper declared in Court, that His most Sacred Majesty had taken this matter into his most serious Consideration, and although the same was of so High a Nature, as it was necessary to be brought in question, (being contrary to many Laws and Statutes, and the common Law it self,) yet his Majesty ballancing the same in the Scales of Justice and Mercy (the Author of the Discourse being discovered to live beyond the Seas) found these Defendents rather fitting to be Objects of his Mercy, than Justice, they being some of them Noblemen, and such as his Majesty did and doth well esteem and like of, in his Royal Opinion.
And that his Majesty was the rather inclined to extend his goodness, in regard of the time; it having now pleased the great Justice of Heaven to bless his Majesty and his Kingdom with a Royal Issue of his Body, a hopeful Prince, the great joy and long expectation both of King and Kingdom.
Upon this Declaration of the King's pleasure, the Lord Keeper made known, that the Court by his Majesties special Command was to proceed no further in the hearing of this Cause: But ordered the Project, or Book, to be burnt, as seditious and scandalous both to his Majesty, the State and Government of this Kingdom. And ordered the Proceedings to be taken off the File.
Two days after the birth of the Prince, Gustavus Adolphus King of Sweden on the 31 of May, signed the Articles agreed unto between that King and the Marquess of Hamilton, about the bringing of an Army of 6000 Men into Germany, for the Assistance of the King of Sweden, and in order to the relief of the Palatinate.
'We Gustavus Adolphus by the Grace of God King of the Swedes, Goths, and Vandals, Great Prince of Finland, Duke of Esthone and Carel, and Lord of Ingria, &c. To all and sundry whom it concerns, make it known and certain, That whereas the Illustrious and our sincerely beloved Lord James Marquess of Hamilton, Master of the Horse to the most Serene King of Great Britain, out of his Zeal for the public Good, and for acquiring eternal Fame, hath resolved to dedicate himself, and the Fortunes and Forces of all he is concerned in, for restoring our oppressed Friends in Germany; and for that end hath offered to us by the Illustrious and our sincerely faithful Colonel Alexander Hamilton, his Fidelity and Service; and that he will on his own expence gather a strength of six thousand Men, and bring them over as soon as may be, to any place we shall appoint, either against the Imperialists, or any other of our Enemies, and maintain them on his own Charge, and do us all faithful and vigorous Service with them, till this great Affair be brought to a good issue; provided we shall authorize this his Design with our Protection, and give him the under written Assistance: Therefore there being nothing dearer to Us than to make us all vigorous resistance to the common Enemies of Liberty, and having in high estimation the brave Undertakings of Generous Men, we not only would not reject, but have heartily embraced the nobleness of so good Resolutions: We have therefore admitted, like as by the vigour of these Presents, We admit the said Lord Marquess in our Service, Armies, and Military Councils, on the following Conditions.
- 1. 'Whenever he shall signifie to Us that he is ready to bring over his Forces, We shall assign him a place for his Landing, either to come and join with our Armies, or to make an Impression elsewhere, as we shall think fit.
- 2. 'If we appoint him to Land in any place, from whence he shall not come straight to us, We shall for strengthening his Forces send, to the place we shall assign for his Landing, four thousand Foot out of our Armies, whom we shall furnish with all Necessaries, and maintain on our Charges a whole Year.
- 3. 'Because the said Marquess thinks two thousand Horse are necessary for his Foot, for whose Levy and Pay he promises all Assistance; We shall therefore think of all ways and means for raising and maintaining these.
- 4. 'We not only give the said Illustrious Marquess the Absolute Command of this Army in our Absence, but shall also join to him a Counsellor, with whom he may consult in all things, that so his Deliberations be more expedite and clear.
- 5. 'Whatever the Illustrious Lord Marquess shall take from the Enemy, the Lands and Territories shall belong to Vs, but the Revenues and all the Emoluments shall go to him, and to the Relief of his Army; yet so as these Revenues shall be gathered decently and in order, without Depredations or Plunderings: Since our Design is not to oppress those who have been already enough pressed, but rather to deliver them from the Oppressions of others, as much as by the Divine Assistance we can.
- 6. 'That the Marquess may more effectually perform what he hath bravely resolved, and may sooner make those Warlike Instruments of his own Invention, on which he relies much in his Expedition, We shall not only (with the first occasion) furnish him with a hundred Ship-pounds of crude Iron, but shall also assign Hammers for working it according to his Design; of which Instruments he hath promised to leave a Model with Us, and We shall be careful that none of our Servants shall make use of them, before he hath first made trial of them himself.
- 7. 'We shall also furnish him with three hundred and seventy Ship-Pounds of Iron Ball for his Guns, and two thousand five hundred Pikes, and as many Musquets.
- 8. 'Whenever the Marquess shall advertise us of his needing Gun-powder, we shall assign him Bills of Exchange in Holland for buying seventy two Ship-pounds of Gun-powder.
- 9. 'If any other Kings or States shall concur with us, all they contribute shall be at our Disposal: but if the Marquess his necessities require further assistance, We shall not abandon him, but faithfully assist him as much as our Affairs shall permit.
- 10. 'For all which the said Illustrious Lord Marquess with all his Forces hath promised Fidelity to us, and shall be bound to it as well as our Men, and those who receive our Pay are; for which both he, and all his Captains shall be particularly engaged.
'But because there is to be a Treaty betwixt our Commissioners and the Imperialists at Dantzick; therefore if a Peace shall be there concluded, so that We shall not need the service of the Marquess and his Army, he hath obliged himself to pay for the foresaid Materials at their entire Value.
'All which things being thus concluded, and to be firmly observed by Us, We have subscribed these Articles with our Hand, and commanded our Royal Seal to be put to them, at our Castle in Stockholm the last of May, Anno Dom. 1630.
An Information was formerly exhibited in the Star-chamber against Alexander Leighton a Scotsman born, and a Doctor of Divinity, came to be heard the 4th of June in the Court of Star-chamber, for framing a Book, entitled, An Appeal to the Parliament, or a Plea against Prelacy. Which he printed and published, during the sitting of the last Parliament: and delivered it to diverse Persons in a way of presenting just Complaints (as he gave out) to the then Commons House of Parliament, 4 Carol. 1.
The Defendent was charged by the said Information with framing, publishing, and dispersing a Scandalous Book against King, Peers, and Prelates, wherein amongst other things he sets forth these false and seditious Assertions and Positions following.
- 1. 'That we do not read of greater Persecution and higher Indignity done upon God's People in any Nation professing the Gospel, than in this our Istand, especially since the death of Queen Elizabeth.
- 2. 'He terms the Prelates of this Realm Men of Blood, and Enemies to God and the State, and saith, That the maintaining and establishing of Bishops within this Realm is a main and master-Sin established by Law, and that Ministers should have no Voices in Council Deliberative and Decisive.
- 3. 'He avowed the Prelacy of our Church to be Antichristian and Satanical, and terms the Bishops, Revens and Magpies, that prey upon the State.
- 4. 'He terms the Canons of our Church, made Anno 1603, Nonsense Canons.
- 5. 'He disallowed and contemned the Ceremony of Kneeling in the receiving of the Sacrament, alledging that the suggestion of false fears to the King by the Prelacy, and the seeking of their own unlawful standing, brought forth that received Spawn of the Beast, kneeling at the receiving of the Sacrament.
- 6. 'He affirms that the Prelates did corrupt the King, forestalling his Judgment against God and Goodness, and most audaciously and wickedly calleth his Majesty's Royal Consort, our gracious Queen, the Daughter of Heth.
- 7. 'He most impiously seems to commend him that committed the barbarous and bloody Act of Murdering the late Duke of Buckingham, and to encourage others to second him in the like wicked and desperate Attempt, to the destruction of others.
- 8. 'He layeth a most seditious Scandal upon the King, State, and Kingdom, wickedly affirming, that all that pass by us spoil us, and we spoil all that rely upon us. And amongst other particulars, instanceth the black pining death of the famished Rochelers, to the number of 15000 in four Months: by which Passages and wicked Positions and Assertions, he did as much as in him lay, scandalize his Majesties Sacred Person, his Religious, Wise, and Just Government, the person of his Royal Consort the Queen, the Persons of the Lords and Peers of this Realm, especially the Reverend Bishops.
- 9. 'That in another place of the said Book, endeavouring to slander not only his Majesty's Sacred Person and Government, but also to detract from his Royal Power, in making Laws and Canons for Government Ecclesiastical; and in matters concerning the Church, he saith, That the Church hath her Laws from the Scripture, and that no King may make Laws in the House of God: for if they might, then the Scripture might be imperfect.
- 10. 'And further charged, that in another place of the said Book, thinking to salve all with an expression of his Sacred Majesty, he hath these words following; What pity it is, and indelible dishonour it will be to you the States Representative, that so ingenious and tractable a King should be so monstrously abus'd, to the undoing of himself and his Subjects?
The Defendent in his Answer confessed the writing of the Book, but with no such ill intention, as by the said Information is suggested; his end therein being only to Remonstrate certain Grievances in Church and State, under which the People suffered, to the end the Parliament might take them into consideration, and so give such Redress, as might be for the Honour of the King, the Quiet of the People, and the Peace of the Church.
At the hearing of the Cause, the Defendent's Answer was read at large, and the aforesaid Particulars charged in the Information as Seditious and Scandalous, were also read out of the Book. After which the Court proceeded to give Sentence, and did there declare, That it evidently appeared upon Proof, that the Defendent had printed five or six hundred of the said Books, and that in their opinions he had committed a most odious and heinous Offence, deserving the severest punishment the Court could inflict, for framing and publishing a Book so full of most pestilent, devilish and dangerous Assertions, to the scandal of the King, Queen and Peers, especially the Bishops.
The two Lord Chief Justices being present, delivered their opinions, that they would without any scruple have proceeded against the Defendent as for Treason committed by him, if it had come before them; and other Lords, expressly affirm'd, that it was his Majesties exceeding great Mercy and Goodness, that he was brought to receive the Censure of this Court, and not questioned at another Tribunal as a Traitor.
And their Lordships by an Unanimous Consent adjudged and decreed, that Dr. Leighton should be committed to the Prison of the Fleet, there to remain during Life, unless his Majesty shall be graciously pleased to enlarge him; and he shall pay a Fine of 10000l. to his Majesty's use.
And in respect the Defendent hath heretofore entred into the Ministry, and this Court for the Reverence of that Calling, doth not use to inflict any Corporal or Ignominious Punishment upon any person, so long as they continue in Orders, The Court doth refer him to the High Commission, there to be degraded of his Ministry; And that being done he shall then also for further punishment and example to others, be brought into the Pillory at Westminster, (the Court sitting) and there Whipped, and after his Whipping be set upon the Pillory for some convenient space, and have one of his Ears cut off, and his Nose slit, and he branded in the Face with a double S S, for a Sower of Sedition; and shall then be carried to the Prison of the Fleet, and at some other convenient time afterwards shall be carried into the Pillory at Cheapside, upon a Market-day, and be there likewise Whipt, and then be set upon the Pillory, and have his other Ear cut off, and from thence be carried back to the Prison of the Fleet, there to remain during Life, unless his Majesty shall be graciously pleased to inlarge him.
This Sentence being given toward the end of Trinity Term, and the Court not usually sitting after the Term, unless upon emergent occasions, and it requiring some time in the Ecclesiastical Court, in order to the Degradation of the Defendent, it was Michaelmas Term following before any part of the Sentence could be put in Execution; but November the 4th he was accordingly degraded, and on Wednesday November the 10th (being a Star-Chamber day) he was to have undergon the Execution of this Sentence; but the evening before he escaped out of the Fleet, where he had been kept a close Prisoner, and Information hereof being given to the Lords of the Privy Council, they ordered this Hue and Cry to be Printed to retake him.
A Hue and Cry against Dr. Leighton, by Order of the Privy-Council.
Whereas Alexander Leighton, a Scottish Man born, who was lately sentenced by the Honourable Court of Star-Chamber, to pay a great Fine to his Majesty, and to undergo Corporal Punishment, for writing, printing, and publishing a very Libellous and Scandalous Book against the KING, and his Government; hath this eleventh day of November escaped out of the Prison of the Fleet, where he was a Prisoner: These are in his Majesties Name to Require and Command all Justices of Peace, Mayors, Sheriffs, Bayliffs, Customers, Searchers and Officers of the Ports, and all others his Majesties loving Subjects, to use all diligence for the Apprehending of the said Alexander Leighton; and being Apprehended, safely to keep him in Custody, until his Majesty shall receive Notice thereof, and shall give further direction concerning him. He is a Man of low Stature, fair Complexion; he hath a yellowish Beard, a high Forehead, between forty and fifty years of Age.
This Hue and Cry followed him to Bedfordshire, where he was Apprehended, and brought again a Prisoner to the Fleet. Concerning whose Escape, and executing of the Sentence upon him afterwards, the Bishop of London in his Diary on the Fourth of November, makes this Memorial, Viz.
'Leighton was degraded at the High-Commission, Tuesday the 9th of November; that night Leighton broke out of the Fleet, the Warden says he got or was helped over the Wall, and moreover professed he knew not this till Wednesday noon, he told it not me till Thursday night. He was taken again in Bedfordshire, and brought back to the Fleet, within a Fortnight. Friday, November the 16th, part of his Sentence was executed upon him in this manner, in the New Palace at Westminster, in Term time:
- 1. 'He was severely whipt before he was put in the Pillory.
- 2. 'Being set in the Pillory, he had one of his Ears cut off.
- 3. 'One Side of his Nose slit.
- 4. 'Branded on one Cheek with a red hot Iron, with the Letters S. S. signifying a Stirrer up of Sedition, and afterwards carried back again Prisoner to the Fleet, to be kept in close Custody.
'And on that day seven night, his Sores upon his Back, Ear, Nose, and Face being not cured, he was whipt again at the Pillory in Cheap-side, and there had the Remainder of his Sentence executed upon him, by cutting off the other Ear, slitting the other Side of the Nose, and branding the other Cheek.
The severe Punishment of this unfortunate Gentleman many people pitied, he being a Person well known both for Learning, and other Abilities; only his untempered Zeal (as his Country-men then gave out) prompted him to that Mistake, for which the Necessity of Affairs at that time required this Severity from the hand of the Magistrate, more than perhaps the Crime would do in a following Juncture.
The Defendents practising with one Leighton, a notable Offender, to procure his Escape out of the Fleet; Levingston put off his Cloak, Hat and Breeches, being all of a Grey colour, and Anderson his Doublet, and Leighton put theirs on, and in that disguise they all went out of the Fleet unsuspected; but was afterwards taken again, and for these Offences, and respect had of their Penitency, they were only fined 500l. apiece, and committed to the Fleet during the King's pleasure.
In Trinity Term this Year the King wrote Letters to all the Justices and Barons of the Exchequer, to consider of Orders for the better execution of the new Office of Receiver and Collector of Fines and Forfeitures, granted to John Chamberlain his Majesty's Physician, and Edward Brown Esquire, by King James, and confirmed by his Majesty; and after hearing the Patent read before the Judges, and consideration had thereof, they writ to the Lord Keeper and Lord Treasurer as followeth.
'Your Lordships may be pleased to be informed, that we lately received his Majesty's Gracious Letters of 13 May last, directed to us his Justices of either Bench, and Barons of the Exchequer, and to his Attorney-General, thereby requiring that whereas He had lately confirmed to John Chamberlain his Majesty's Physician, and to Edward Brown Esq; the Office of Receiver and Collector of Fines and Forfeitures, lately erected by his late Father of blessed memory, that we should assemble our selves, and sit down and publish such and so many Orders for the execution of the said Office, as to Law and Justice should appertain, and should be thought requisit and necessary; according to which his Majesties Command, We did assemble together, and upon hearing his Majesty's Gracious Directions read, did apply our selves to the due performance of them. But so it is (may it please your Lordships) that upon consideration taken by us of the said Letters Patents to the end aforesaid, we found it would prove a great difficulty for us to frame or devise Orders for the Execution of them, for that it doth appear to us that they are both against Law and his Majesty's Profit; We therefore thought it our Duties according to our Oaths, to proceed no further in this business untill we had made his sacred Majesty acquainted herewith, and for that purpose we addressed our selves unto your Lordships, as unto Counsellors of great Trust about his Majesty, to present this our Intimation unto him, that by your Honours means we may know his Majesty's further pleasure herein; and for your Lordships better Information herein, we do hereby present unto your Lordships a short and brief Note of the Excesses and Irregularities of the said Letters Patents.' The Exceptions were set down by way of Articles, and after all the names of the Justices and Barons subscribed, there were two of them, one for either Lord, and directed to them on the outside as Letters.
Shortly after the King of Sweden signed the Agreement with the Marquess of Hamilton, he thought fit, before he crossed the Baltick-Sea with a Fleet, to come in person with an Army into the Bounds of the Empire to declare himself under publick protestation, 'That he meant no Hostility unto the Empire, or Person of the Emperor: Declaring further that his coming was principally to Relieve that Distressed Prince, his Cousin and Confederate the Duke of Stetin and Pomeren, who at that time, and for three years before, had bin injuriously oppressed by the Emperor; That he was not only engaged by ancient Alliances and Confederacies to aid the State of Pomerland (thus distressed, spoiled, taken and disarmed,) but it concerned him also in point of State and good Policy, not to suffer the Duke's Enemy to be Master of those Coasts of the Baltick-Sea, whence he might at pleasure insest Sweden, and at his leisure and opportunity invade it. That his League with the said Duke was Defensive only, and not for any Offensive War against the Emperor.
These Complaints, Aggrievances and Provocations of the King of Sweden were in fair and respectful manner, by Letters first presented to the Emperor, and when that course brought no Redress, then for justification of his Proceedings, and by way of Apology, were the Circumstances enlarged; and the whole printed for the World to judge. In which his Majesty of Sweden farther Declared; 'That having been by his oppressed Neighbours and Confederates invited to their relief; He for a long time rather expected the Emperor's goodness towards the Subjects of Germany, than desired to interest himself against him, with whom he so much wished the continuation of Amity. That the Quarrel was first begun by the Emperor, who in the late Wars of Prussia, between Sweden and Poland, had prohibited the King of Sweden to make any Levies of Men, or provision of Victuals, or Ammunition in Germany; apparently granting the same liberty unto his enemy, the King of Poland. That the Emperor himself had heretofore sent two several Armies under his own Ensigns into Prussia, in the aid of the Pole, his Enemy. The first in the year 1627, under the Command of the Duke of Holstein, and the second 1630, conducted by Arnheim, Marshal of the Field unto Wallestein. That his Courier riding Post with his Packets, hath been stayed; His Letters unto Bethlem Gabor opened, and false Copies published of them; That his Embassadors had been slighted, not admitted to Audience, nor vouchsafed an answer; forbidden to stay in Germany. That upon the seeking of Peace by mediation of the King of Denmark, he obtained nothing but affronts and delays: and that writing to the College of Electors, then assembled at Lubeck 1629; he found in their Answers by their Letters the main point of the business not once toucht upon; and so no remedy that way neither.
'That the poor Town of Stralsond, notwithstanding it had no way wronged the Emperor, and had received Asseverations and Promises of protection from the Emperor, yet had it been block'd up by Wallestein, Duke of Freidland; and the Island of Rugen, lying in the Sea, right against it, taken by the said Freidland. That the Town and Island aforesaid (his Confederates) had often complained unto him of this Injustice, and desir'd his peaceful Mediation first, and his armed Assistance afterwards. That considering how things stood betwixt the Emperor and Himself, it much concern'd him not to suffer that Island and Town to be possessed by his Enemies, seeing they lie so commodiously for the Command of the Baltick-Sea, and so dangerously for infesting the Coasts of Sweden, which lie right against it: that the Emperor had actually molested those Coasts with Shipping, which he had newly gotten from Dantzick; and other Hans Towns thereabout had hindred the Swedish Trade and Merchandizing upon the Coasts of Germany.
After the King had been several weeks with his Army at Sea, he landed about the midst of the Month of June this year at a Dorp or Village in the Isle of Vsedom, not far distant from Stralsond; and presently intrenched himself. After him landed his Colonels and Commissioners with their respective Regiments. And upon the second of July the Cannon, Baggage, &c. landed; and two days after the whole Cavalry.
The 5th and 6th of July Embassadors came to the King from the Duke of Mecklenburg, Pomeren, and the Town of Stralsond; and the Imperial Forces were in a short time driven out of that Island by Colonel Alexander Lesley. It was the 26th of July before the King transported his Army from that Island, to Stetin; being forc'd to bring them up the River Odor, and landed his Men within an English mile of that place; where the King drew his Forces in Battalia and Grave Neeles, and the Lord Rea a Scottish-Man. Their Regiments had the Van-Guard in their march to Stetin, which being summoned to let the King of Sweden enter into the City, they then in the City seemingly desir'd to stand neutral; but the Army drawing close about the Town, they yielded; And the King sent Forces to besiege Colbergen, a strong Port Town upon the Baltick-Sea, and imployed his other Forces to take in Forts and Castles in Pomerania and Mecklenburgh, of which we shall speak more particularly in the next Year 1631, when the Marquess of Hamilton did land his Army in Pomerania to assist the King of Sweden.
The King after the Arrival of Marquess Hamilton with the Conditions aforesaid, wrote to his Sister the Queen of Bohemia, to give her Assurance that he would hasten the Marquess of Hamilton with an Army of 6000 Men to assist the Swede in order to her Service; and also acquainted her, That he had good hopes to prevail with the Spaniard by a Treaty (then in hand) to get the Palatinate restored; at which the Queen was highly dissatisfied, knowing by sad Experience, how the Spaniard had abused and delayed her Father King James in former Treaties. Whereupon the King to pacify her Passion against the Spaniard, wrote her this ensuing Letter.
My only dear Sister,
Having found that my last hath troubled you more than I could have imagined, (for I did suspect that at the first it would a little start le you, before you had well considered of it; but upon debate, I thought you would not have still remained unsatisfied, as I see you are) I would stay no longer from giving you satisfaction (as I hope) in some things which without doubt you mistake. But first give me leave to tell you, that it is impossible in this unfortunate Business of yours, either to give or take a Counsel absolutely good; but whosoever makes you believe otherwise, deceives you; so that the best counsel in this, being but the best Ill, must have many Objections against it; therefore I will not undertake a Disputation, but clear those things (if I spoil not a good Cause in the telling) which you apprehend to be most prejudicial unto you, which (as I take it) is, That if I make a Peace with Spain, it will both hinder the Assistance of our Friends, and lay my Arms asleep for doing you Service. As for our Friends that can do us most good, (I mean France and the United Provinces) they cannot be further from doing you good than now they are. What the cause is I cannot say, but what it is not I can: for notwithstanding my Treaty with Spain, I have pressed them both, the one for making a League for the Palatinate, and Liberty of Germany: that that is made to that same purpose (which indeed was the true intent of it) they both deny, though in a diverse fashion, so that the Treaty of Spain is not the cause. As for Sweden, I confess he is to be heartned and used as much as may be; but I will assure you, I shall be the better able by a Peace with Spain, to help and hearten him. Now for me, I am so far from forgetting or leaving your Interests in my peaceable disposition; That Spain not only promiseth as much as I can ask for his Part for your entire Restitution, but confesseth, That if his Performance answereth not his Words, I have a just Cause to renew the War upon him; so that when I have opportunity, I shall not want a just Quarrel even with Spain by his own Confession; and in the mean time, though the Peace be made, I shall not rest, but do what lies in me to engage my Friends in an Offensive and Defensive League for the Palatinate and Liberty of Germany. Lastly, Whatsoever may be informed you, or your Husband, the Peace of Spain is so far from being concluded, that as yet I have not seen a Draught of the Articles; and I earnestly intreat you to believe, that what I shall do in this, shall be chiefly to do you the best service that may be; and as I shall proceed in this, you shall have a true account, as on my Credit you have had hitherto; assuring you that howsoever change of Affairs may alter Councils, my Actions shallever prove me to be
And to enable the Marquess to raise his Men, and transport them with all Military Provisions and things necessary, the King granted unto him a Lease of the Customs of Wines in Scotland for sixteen Years; upon which Security the Marquess and his Friends raised as much Mony as carried on the Design.
Hereupon the Marquess hastens into Scotland, in order to the chusing of his Officers, and raising of his Men; and in the first place, fixed on the Lord Rea a Scotish Lord, a Person of great reputation for a good Souldier, who chearfully accepted of that Employment under the Marquess for that Expedition, notwithstanding that he had then confiderable Commands in the Swede's Army. The Marquess employed the said Lord Rea, together with David Ramsey, into Holland to endeavour to get some good Officers there, and to dispose the States of the United Provinces for the King of Sweden 's Service. But that State perceiving that the King of Great Britain did not publickly raise those Men that were to go under the Marquess, but in a private manner, refused to give any Assistance, till his Majesty of England did more formally and publickly declare himself.
After the Marquess had levied his Men in Scotland, his Officers were employed to train the Souldiers that were levied, and he prepared himself against the Spring in the next Year, to return to the Court in England to receive the King's Order for the Imbarquing of his Men, and to understand what Levies were made in England whilst he was in Scotland; that the Souldiers levied in both Kingdoms, might meet at a certain Rendezvous, which was designed to be at Yarmouth, in order to their Transportation.
Towards the end of this Year, the Marquess of Hamilton arrived at the Court of England, where was at that time Mackay Lord Ochiltry, a Lord in Scotland, by name Stuart, and who once bore the Name of the Earl of Arran, when by a Parliament which contracted a by-Name in that Kingdom, the Hamiltons were attainted of Treason, but afterwards both Blood, Honour, and Estate were restored to them. This Lord had no kindness for the Marquess of Hamilton but nourished a Discourse, which Ramsey let fall to the Lord Rea when they were beyond Seas; and prevailed so far with the Lord Weston, then Lord High Treasurer of England, as to impart the Business to the King, being a Treason of an high nature (if true) to this effect; That he raised this new Army, with design when he was at the head of them, to set himself up as King of Scotland. Much credit was given to this Design by the Lord Weston Lord High Treasurer, who endeavoured to persuade the King not to permit the Marquess to come near his Sacred Person, and in no kind to have the privilege to lie in his Majesties Bed-Chamber, lest his Majesties Life were hazarded thereby.
The Lord Weston pressed this home unto the King, but his Majesty kept his thoughts private to himself; and having a great Affection to Hamilton, as soon as he came into his Presence, imbraced him with great kindness, and discovered to him what he was accused of, but said, I do not believe it; and that the World may know I have a confidence in your Loyalty, you shall lie in my Bed-Chamber this Night, But the Marquess beseeched his Majesty to excuse him, till he had received a Trial, and was cleared of the Treason he was accused of; But the King would receive no denial, yet told him he would put the business into a way of Examination; but afterwards when the Examination was taken, it was found that the one affirmed the Accusation to be true, and the other as positively denied it, and that there appeared not then any concurrent proof of the same.
A report of these Examinations was afterwards made to the King's Majesty, who was graciously pleased to refer the whole matter to a Tryal before the Lord High Constable, and Earl Marshal, in the Court of Honour, of which the Reader will have a full account towards the end of the next Year in its proper time and place. In the mean time the King caused Rea and Ramsey to be secured in order to that Trial: so the Marquess proceeded in making Provisions for the embarquing of his Army, and ordering those Forces in Scotland to be in readiness to be shipped, to come to the place of Rendezvous when they received Orders.
At this time there were great Affairs transacted in the Parliament (or Diet) at Ratisbone in Germany, of which take a brief Account; whither were sent an Ambassador from the King of Great Britain, as also another from the Elector Palatine, (accompanying the English Ambassador.) The Passages and Circumstances attending that Imperial Diet were as followeth.
At the time of the opening of this Diet all Parties were weary of the War, and the Emperor himself had enough of it; for the War had continued from the Year 1618 (in which year the great Blazing-Star appeared) unto that time in a most bloody and cruel manner, insomuch as utter desolation was brought upon one of the most flourishing Countries in the World, which the Emperor wisely considered with himself, that if those heavy Impositions should be continued to maintain a standing Army, and those Violences, Injuries and Outrages should be again committed by the Soldiers of the Empire under Wallestein, which had so disgusted the People against the Emperor; and if other Wars should thereupon ensue, the Chances whereof might happen to be uncertain, and the event in the end fatal: And further, that if at this Diet things unreasonable should be proposed unto him by the Confederate Protestant Princes, if he did refuse their desires upon just grounds, he should thereby oblige the Confederate Princes of the Catholick League the more firmly to assist him, than if he should refuse the calling of a Parliament (or Diet) and act upon his Imperial Authority.
The Princes of the Catholick League, as also the Catholick party, seemed very desirous of this Diet, having, as well as the Protestants, shared in the insolencies of the Imperial Soldiers under Wallenstein, and of the charges of the War; and the more moderate sort of Catholicks were much dissatisfied at the Covetousness of the Duke of Bavaria, for his pressing the Emperor so hard to confer the Electorship and Patrimony of the Prince Elector Palatine upon him, as a reward for his Services, they conceiving this action of disinheriting a Prince of so great Interest and Alliance, would, at one time or other, raise up friends that might disturb the Peace of the Empire; wherefore they wished the Emperor would rather confiscate the Estate for life, as a punishment for the Father's Offence, than to disinherit the Children, who were innocent of their Father's forward and rash undertaking, as they termed it.
Those of the Catholick League expressed themselves as to the said Diet, That though they did much desire it, yet their hopes were that the Emperor would never consent to let the Protestants go away without restitution of the Church Lands and Goods, which they pretended the Protestants held from them.
The Princes of the Union and Protestant Party, were no less thirsty of Peace, having undergone the greatest of all hardships, being most of all overlaid with heavy Impositions, and with the Billeting of Soldiers of the Catholick League, and were desirous that there might be an absolute Oblivion of all things by-past, and the Empire settled in a firm Peace. Great Joy therefore was throughout the Empire, expecting that there would be an end of further War, and a firm and settled Peace concluded at this Diet. But there wanted not those, who did insinuate unto his Imperial Majesty what was fit for him to insist upon at the meeting of the Diet, from which it was not fit for the Emperor to recede; Amongst which one was,
- 1. That he should in no wise consent to a settlement until the Protestants should restore the Church-Lands and Goods unto the Catholick party.
- 2. Not to diminish his Army, but in a small proportion, that he might keep up his Power by force and a strong hand, left the Deposed Princes, and others, should upon any opportunity of advantage, revenge themselves upon the Emperor.
- 3. And therefore resolved to keep up his Army, and not to restore the Prince Elector Palatine to his Dignity and Patrimony.
Notwithstanding all opposition, the Emperor met at the Diet; he represented unto the Princes then assembled, that he was not the cause of so cruel a War as had been, nor would be a hinderer of the Peace, imputing all the mischief that fell out upon the War, unto the Palsgrave Count Mansfeldt, Brunswick, and the King of Denmark, and that it was high time to think of a firm and settled Peace: But as to the Palsgrave, he proposed to the Diet to pass an Act that he should continue a Banished Man, without all hopes of returning; and that they would never vouchsafe to entertain Peace or Amity with him.
That the French were concluding a League with the King of Sweden; and though there were causes of Enmity between Him, the Emperor, and the King of Swedeland, yet if the King of Sweden would not condescend unto the Imperial Ambassadors and the King of Denmark 's Mediation for a Peace, he was to be threatned with the Power of the Roman Empire, and to be chastised by Force of Arms.
Lastly, His Imperial Majesty proposed that the Princes would consult to provide Money for maintaining a standing Army; for restoring of Martial Discipline, and of the manner of laying and levying Impositions.
In Answer to the Proposals of the Emperor, the Princes Electors laid open the general Grievances and Miseries of the Empire, the Outrages committed in the War, and excessiveness of the Impositions; and as the Emperor laid the fault upon the Palsgrave, the Electors laid the fault of all the misery that had happened, upon the new Duke of Mecklenburgh (Wallenstein) General of the Emperors great Army, to whom his Imperial Majesty had given such a large Commission, without the consent of the Princes of the Empire (as never before him any Man had) That the Impositions which by the Laws of the Empire had wont to be assessed by the joint consent of the Princes, had at the pleasure of the said Duke of Mecklenburgh bin imposed, and most rigorously exacted; insomuch that the Elector of Brandenburgh had in a few years bin forced to contribute about Twenty Millions of Florins. The Duke of Pomerland complained, that Ten Millions was paid out of his Principality of Stetin, all in one Year only; besides other Charges and Expences with the Rabble of the Army.
The like complaint came from other Princes. In conclusion, the said Electors did more particularly fall upon the said Duke of Mecklenburgh, pressing the Emperor to casheir him, and to disband his Army, and to have Peace made with the French King, and the Princes of Italy, and with the King of Swedeland also.
The Complaints both of the Protestant and Catholick Princes were so many and very great against Wallenstein, and the Insolencies of his Soldiers in their Quarters, and of his Commissaries in their bold levying of Money upon the Empire, as that the Emperor had nothing to say for him, but consented to their Desires, that his Command should be taken from him. And two Barons of the Empire were sent to him, with the Proposals of the Diet presented to the Emperor, and the Emperor's Resolution thereupon, that he should deliver up his Commission.
All Mens Minds were full of expectation what the event of this Message to a General so Potent, and an Army so Rude, should produce: But contrary to all imagination, Wallenstein complied with the Emperor's Command, left his Army and went to Nimmegen, where he remained as a private Person.
The Electors having prevailed as to his Removal, proposed also unto his Imperial Majesty further to declare his purpose, that no War should be made upon any without the consent of the Princes, and that no Imposition should hereafter be levied at the pleasure of the General of the Army.
The Electors having obtained a safe Conduct of the Emperor for Rusdorfe, Ambassador of Frederick Prince Elector Palatine, he came to the Diet, in the Company of Sir Robert Anstruther the King of Great Britain 's Ambassador, who much pressed for Audience, about the time that News came how the King of Swedeland was active in Pomerland, which made most of Opinion his Landing would contribute to get Restitution of the said Elector Palatine to his Dignity and Patrimony. And Audience being granted to the English Ambassador, he thus delivered his Errand.
'That nothing could affect (his Master) the King of Great Britain more, than the consideration of the daily Calamities undergone by his Brother-in-Law the Prince Elector, his Wife and Children. That no Place was more expedient to Treat of Peace, Reconciliation, and Re-establishment than in the Diet; therefore he made it his ardent Request to his Imperial Majesty, That having regard to the many Intercessions of his late Father, and other Kings and Princes, he would remit the Displeasure conceived against his Brother, and recal the Proscription issued out against him.
'True it was, his Brother had offended, and was inexcutably guilty, unless the rashness and precipitation of Youth might some-what plead for him; but others had bin as culpable, whom yet his Imperial Majesty had received into Favour.
'And would he be pleased to extend to him the same Clemency, it would oblige his Master to demonstrations of the greatest Gratitude, and raise a glorious Emulation in others, to imitate so excellent a Pattern.
'That the Palsgrave would entertain his Favour, with an Heart so firmly devoted to his Service, so as all the Intentions of his Spirit should be disposed to Compensation and Reparation of his former Miscarriage.
'That his Majesty held nothing so dear as the Affection of his Imperial Majesty, and establishment of a durable Peace between them; And as upon all Occasions he hath been forward to represent himself solicitous for it, so at this time he was ready to give more ample Testimony, if his Imperial Majesty was pleased to incline to a Treaty.
'That the present Affairs of Germany, which occasion'd the Diet, were so important, as not to admit of any Foreign Debate; and yet upon opportunity and leisure, the King of Great Britain should receive such satisfaction as would be agreeable to their Honour, and Confidence his Majesty had in him.
Presently after this Audience of the King of England 's Ambassador, more particular News was brought, That the Imperial Ambassador was returned from the King of Sweden without any hopes of Peace, and that the King of Swedeland had in Pomerland made himself Master of Stetin, and put the Imperial Forces to flight.
And now the Catholick Princes, who before seemed very desirous of Peace, (fearing some private Conjunction was made with the King of Swedeland by other Princes) disposed the Emperor to prosecute the War, and lay Impositions proportionably upon them of the Catholick League.
It is to be observed, that during all the time of the Diet, Caesar made no other Propositions than what he did at the opening thereof; Yet underhand it was suggested by those near the Emperor, what Miseries might besal the Empire in case of an Inter-Regnum, magnifying Ferdinando King of Hungaria Son of the Emperor, and how acceptable it would be to the Empire, if at this Diet he was chosen King of the Romans, which is as much as Heir apparent to the Empire. The Protestant Electors having no inclination thereunto, in answer to those which made this Proposal, much commended the Emperor for his care of the Common-Wealth, but that it was contrary to the Laws of the Empire at this time to consent thereunto.
This being not mentioned as a particular Cause for the calling of this Diet to create Ferdinando King of the Romans: And also for that by the Laws of the Empire, Frankfort is the place appointed for the Election of the King of the Romans; and thus they excused the Matter, but it was resented by Caesar; and from that time he proceeds with severity as to the Church-Lands, and decreed at this Diet, 'That those Gentlemen of the Upper and Lower Palatinate, Frankenholm, and other Countries, who had born Arms under Count Mansfield, Duke of Brunswick, and others, that their Estates should be condemned as confiscated. And with the Profits thereof, the Emperor did gratify his Privy-Council and others with Pensions for a reward of their Services.
The Protestant Electors, and other Princes, protested against these Proceedings of the Emperor, claiming those Gentlemen to be within their Dominions, and that the Forfeitures of those Fees and Estates which Caesar had now confiscated into his own Coffers, did by the favour of former Emperors, and long continued Customs, belong to the said Princes. Urging further to the Emperor in favour of those Persons (whose Estates he had confiscated) the Example of other Princes, who even upon the like occasion did pass by many Crimes, to procure a setled Peace in their Dominions; and amongst others instanced in Cosmo de Medicis Duke of Florence, a most wise Prince, who in cases of Disturbance in his Dominions always left the Estate of such as were Attainted, unto their Children, or next Kindred, after the Death of the Offender.
Yet the Emperor hearkned not thereunto, but declar'd, That he could not in Honour and Justice but make remarkable Examples of those that had born Arms against him, that it might be a Terror to others for the future.
And as for the Church-Lands, he had already design'd with himself that they should be restored to the Catholicks, and published the same by Proclamation, and that he would not recede from what he had done. And then proceeded to a Decree and Sentence against the Duke of Wirtemburgh, the Marquess of Brandenburgh, the Count of Hohen and other Princes, who were by the Decree commanded to quit Church Lands and Goods, which for eighty Years they had enjoyed, by virtue of the Agreement they made at Passaw, Anno 1555.
Notwithstanding this proceeding of the Emperor, the Catholick Princes (to all outward appearance) did very earnestly desire to compose the Business of the Church-Lands, but were importuned by the Jesuits against any Compliance (by whose means was likewise a rigid course taken at this Diet) for the Reformation of Protestant Churches and Schools, and for the forbidding of the Augustine Confession to be exercised by the Lutherans.
On the third of November the Diet broke up, leaving Matters in a far worse condition than it found them, for that Men now perceived their very Hopes to be taken away, as their Liberty and Goods had bin before.
The Catholick Princes before the Diet broke up (being still inclinable to a composure of the Business of Church-Lands) did prevail with the Emperor, that the Diet might meet again at Frankfort upon the Main, in August following, for ending those Differences.
In the mean time the Protestant Princes entred into a Consultation for their own Safety, plainly seeing the Jesuitical Party too prevalent with the Emperor; and they agreed upon a Letter to be written by the Duke of Saxony to his Imperial Majesty, taking notice that there had bin a Conference between the Protestant and the Catholick Princes at the former Diet concerning Church-Lands, and that the further Treaty thereupon was referred unto a Diet to be held at Frankfort in August following, and therefore besought his Majesty to give liberty to the Protestant Princes to hold a Diet by themselves in some convenient Place, that so by their united Council, they might be provided with an Answer to the Catholic Princes, at their meeting in the Diet at Frankfort, concerning the said Church-Lands. The Address to the Emperor was recommended, with the Mediation of the Elector of Mentz and Bavaria; and the Emperor agreed to what was desired, and Lipswick was the place appointed for the meeting of the Protestant Princes, and the time was Feb. 8. then next following.
- 1. 'How the Church might be with a good Conscience maintained 'in her ancient Liberty and happy Estate.
- 2. 'How to keep their Obedience to the Emperor, and yet preserve the ancient Constitution and Peace of the Empire,
- 3. 'How to maintain correspondency with the Catholick Princes in order to the Peace of the Empire.
- 4. 'What to answer for themselves, both in general and particular, as well concerning the maintenance of the Reformed Religion, as to the Emperor's Edict concerning Church-Lands, when they should come to meet at the Diet at Frankfort.
Protesting withal, That he would be ready to adventure Life and Goods in that Cause, and desiring every Man to give his counsel freely in such manner, as they might be able to render a fair account of it to his Imperial Majesty. And after some time of Debate, with one joint Consent, they did humbly complain to the Emperor what their Grievances were, and represented what would prove Remedies, and sent an Express therewith to his Majesty, and are reducible to these Heads.
- 1. 'That the Golden Bull, or Magna Charta, and Constitution of the Empire might be firmly observed, which hath been violated by the Emperor's late Edict for the Restitution of Church-Lands, and through his Endeavours, to root out the Protestant Religion, which hath bin the main Cause of the late miserable Wars and Troubles.
- 2. 'They complained of particular Injustice done to particular Princes and Cities, by the violent taking away of the Church-Lands, as the Duke of Wurtenburgh, the Duke of Brunswick, the Prince of Anhault, and others.
- 3. 'And that some were hindered in the Exercise of their Religion as Augustus and Frederick, Princes Palatine, and others; and that forty eight had their Estates confiscated, as the Lady Electrix Palatine, and her Son Lewis Prince Palatine, the one being the Mother, the other the Brother of the King of Bohemia, and the Duke of Mecklingburgh, &c. for whom the whole College of Electors had interceded in the last Diet, but prevailed not.
- 4. 'A complaint of the violent altering of the Feods of their Lands and Lordships, into which the Imperial Commissaries had by Force and Arms entered, changing the Tenure of the Tenants, and altering the Religion.
- 5. 'That their Lands have bin given to Souldiers, as if they had bin conquered.
- 6. 'That treble more Contributions have bin raised against no Enemy, than ever were when the Turks were in Germany; with many other Particulars. Concluding, That all this is contrary to the Oath of the Emperor, and unto the Laws of the Empire, the Privileges of the Princes, and against the Honour and Safety of the Empire; of which the several Electors and Princes had complained, and which by them were protested against in the late Diet at Ratisbone.
'Wherefore they now humbly Petition his Imperial Majesty to be relieved, protesting otherwise they are not able to endure the Burthen, but shall be inforced to defend their Persons, Consciences, Estates, and Subjects; resolving notwithstanding to continue their due Loyalty and Obedience to his Imperial Majesty; yet in the mean time to prepare for a War, in case the Matters complained of by them should not be redressed. This bore Date at Lipswick, March 18. 1631. and the Diet broke up upon Palm-Sunday following.
The substance of what they writ to the Emperor, they sent unto the three Catholick Electors, informing them, That War would undo all, that the Insolencies of the Commissaries and Souldiers were not to be endured.
The Emperor not satisfied with their Address, and understanding their Resolution to levy Forces, (and hearing withal that the King of Swedland had advanced already through Pomerland in a victorious manner) put forth his Imperial Ban against the Lipswick Legar, peremptorily forbidding any place of the Empire to grant, either Relief, Passage, or Quarter unto any of their Forces; and commanding every Man to destroy, kill, and persecute, the Lipswick Legar as Enemies; withal tenders Pardon to as many as should come in; and forbidding all the Subjects of those Princes, upon pain of Death, either to contribute to their Levies, or to march under their Ensigns, promising the freedom of Conscience and Estates to all that should thus obey him, and turn both their Mony and their Persons towards the advancement of the Imperial Estate.
The Protestant League was now noised abroad, and another meeting at the latter end of May at Lipswick was appointed. Tilly advances with his Army, and sends Papenheim to reduce Magdenburgh; of which more hereafter. But let us now return to England.
The Bishop of London had the honour, as Dean of the Chappel (my Lord's Grace of Canterbury being infirm) to Christen Prince Charles at St. James 's. His Godfathers were the King of France, and the Prince Elector, represented by the Duke of Lenox, and the Marquess of Hamilton; The Godmother was the Queen-Mother of France, and her Person represented by the Dutchess of Richmond.
The King standing in need of a further supply, the business of Knighthood was retaken into consideration, and with care and diligence set on foot, being grounded upon an old Statute entituled Statutum de Militibus, which Statute tho' it had long slept, and was very ancient, yet was now put in execution as a Prerogative Statute, which occasioned many Pleas in the Exchequer, but to countenance the same a Proclamation was issued forth to this effect.
'That whereas the King having formerly sent forth Writs to several Sheriffs of the several Counties for the summoning of all that had forty pound Land or Rent by the year, to appear at the day of his Coronation, and prepare themselves to receive the Order of Knighthood, did now award a Commission to certain Lords and others of his Privy-Council, to treat and compound with all those who then made default, as well for their Fines and their Contempt, as for their respite to take that Order upon them. Whereupon multitudes were summoned to give attendance at the Council-Chamber at Whitehall.
- Lord Keeper.
- Lord Treasurer.
- Lord President.
- Lord Privy-Seal.
- Lord High-Chamberlain.
- Earl Marshal.
- Lord Steward.
- Lord Chamberlain.
- Earl of Suffolk.
- Earl of Dorset.
- Earl of Salisbury.
- Earl of Exeter
- Earl of Northampton.
- Lord Viscount Dorchester.
- Lord Viscount Wimbleton.
- Lord Wentworth.
- Mr. Vice Chamberlain.
- Mr. Secretary Cooke.
- Mr. Chancellor of the Exchequer.
Likewise several Commissions were awarded into the several Counties, giving power of compounding with all persons, except the Nobility, who were ordered to compound before the Lords of the Council. The Commissioners had this main Instruction, "To " take no less than after the rate of thrice and half as much as the " Persons compounding were found rated in the Subsidy.
But there were many in all parts that neglected to appear, or refused to Compound. These were summoned by Messengers to the Council-Table, and were there told of severe proceedings in case of obstinacy. And divers put in their Pleas into the Court of Exchequer to be discharged from these Fines. But the Commissioners in the Country were to inform themselves of the true state of the Lively-hood of each person, and to admit them to Composition in case they desired it, otherwise to let them know that upon return of Certificates, they must expect to undergo a legal Tryal in the Exchequer.
And upon consideration of the prejudice done to this Service, by reason of the partial and negligent Returns made by the Sheriffs in most Counties, it was ordered, That Mr. Attorney General should proceed by Information in the Exchequer against such of the Sheriffs, as should appear to have been most negligent.
'Whereas his Majesty hath already sent divers Commissions into several Counties of this Realm, for compounding with such as had not taken Knighthood at his Coronation, thereupon a great part of the Gentry of this Realm, and others of ability have made their several Compositions: but it was his Majesty's Pleasure, that such of the Nobility as had not taken the Order of Knighthood at his Coronation, should be treated with and compounded with by us the Lords and others of his Majesty's Privy Council: We therefore by his Majesty's Command, do hereby signifie and give notice to your Lordships, that we have appointed the first day of the next Term at nine of the Clock in the morning, to fit upon the said Commission for compounding with you in the Council Chamber: wherefore we require your Lordships, or some authorized from you to that end, to attend Us. The Summons was directed to
- Lord Marquess of Winton.
- Earl of Arundel.
- Earl of Essex.
- Earl of Huntingdon.
- Earl of Peterborough.
- Earl of Kingston.
- Lord Viscount Say and Seal.
- Lord Viscount Mountague.
- Lord Brook.
'Whereas his Majesty is given to understand, that you whose names are here underwritten, dwelling in the County of have either neglected to appear, or appearing, refused to compound with his Majesty's Commissioners appointed to treat with you in that behalf, for your not attendance at his Majesty's Coronation, to receive the Order of Knighthood, according to the Law, you being all, as we are informed, Men of good ability; at which his Majesty doth much marvel, considering that you cannot be ignorant how legal this Demand is, and consequently howmuch the said Commission is in your favour, that nevertheless you should refuse to accept of his Majesty's Grace therein: His Majesty not withstanding out of his accustomed Goodness, is rather willing that those who peradventure more out of mistake, or ill example of others, than out of their own wilful opposition to his Majesty's Service, have been herein misled, should be reduced to conformity by fair means, and with least charge or trouble to them, than by any compulsory course of Law, which his Majesty in all cases between him and his People doth in their favour desire to avoid as his last Resort: We are therefore in Majesty's Name, and by his express Command, hereby to signifie unto you, that his Majesty expects and requires you should (accordingly within ten days next after notice hereof) make your repair unto us at Whitehall, to the end that in pursuance of his Majesty's pleasure, we may treat with you concerning your said Composition, before any further or more compulsary proceedings be had against you.
|Directed unto||James Maliverer, Esq;||in the County of York.|
|William Ingleby, Esq;|
|. . . Moyser, Esq; &c.|
At this time there happened a great Riot in Fleetstreet; and for the better discovery and apprehension of those Malefactors, who were Actors in the late insolent Riots and Murthers committed in Fleetstreet, London, upon Friday the 10th day of July a Proclamation to this Effect was published.
'Whereas upon Friday, the tenth day of this instant Month, upon the occasion of an Arrest then made by the Sheriffs Officers of the City of London, divers insolent Assaults and Tumults were made and raised upon the Constables and Watches of the City; whereupon much Blood was shed, and barbarous Murthers of divers of the King's Subjects insued, and those Insolencies so long continued, and at last grown to such height, that there was an open and violent resistance and opposition made against the Lord Mayor of London, and Sheriffs of the City, assisted by some of the Trained Bands, necessarily drawn forth to suppress those Outrages, which were committed rather in a Rebellious than a Riotous manner. His Majesty having taken those Affronts to Justice, and to his publick Officers and Ministers, into his Princely consideration, and having already given a strict charge and command, for the Examination of those so bold and audacious Attempts, and finding by the return of those, whose pains have been imployed in that Service, that very few of the principal Actors can by their industry be yet taken or discovered; and his Majesty being, in a case of this extraordinary Quality and Consequence, resolved to proceed according to the strict rules of Justice, against all those who shall be found to be the Offenders, that by their examples others may hereafter be warned not to dare to run into the like: Wherefore the King doth will and command all his Subjects whom it may concern, especially the Chirurgions in or near the City of London or Westminster, who have, or since that day had, any hurt or wounded Men in their cure, that they and every of them upon their Allegiance to the King, and the duty they owe to the publick Peace of the State, and upon pain of such Punishments, as by the Laws, or by his Majesty's Prerogative Royal can be inflicted upon them, for their neglect herein, do forthwith upon publication of this our Royal Pleasure, discover to the Lord President of the Privy Council, or to one of the Principal Secretares of State, the Names of all such persons as they know, or by probable conjecture do suspect to have bin Actors in any of those late Tumults, and cause them to be detained or apprehended, without expecting any further or other Warrant in that behalf; and by name that they apprehend or cause to be apprehended wheresoever they shall be found, Captain Vaughan, Henry Stamford, and one Ward an Ensign.
On the 28th of September the King taking into Consideration, the general scarcity and dearth of Grain and Victuals which was like to fall out in the Kingdom, declared his Pleasure and Commandment concerning the same by Proclamation, pursuant to a Book of Orders for preventing and remedying those Evils, grounded upon several Statutes made in the time of Queen Elizabeth and King James, and now ordered the reprinting of the same; wherein are particular Directions for suppressing the Abuses and Offences of Ingrossers, Badgers, &c.
This Term an Information was put in against Vassal in the Exchequer, for not paying the imposition of Currans, (which being 7s. upon the 100 weight) was brought to 4 s. 10 d. The Defendent demurred in the Court of Pleas to this Information; and the Cause so depending, Vassal denied to pay until the Court should adjudge it. Whereupon, inasmuch as the same Matter had been adjudged for the King before in the Case of Bates, when Cook was Attorny, and that Judgment stood in force, not avoided by Error; the Court ordered that the King's Possession should be continued, and Vassal should pay until other Order. And for not obeying this Order, he was committed to a Messenger of the Court, and for his Liberty brought a Habeas Corpus : On which Writ it appearing by the Return, that he was committed by a Court of Justice, upon their Act in Court, in a Cause properly in their cognizance, the Court did remand him to seek there for Justice, and so he went back to Prison by the Award of the Court.
John Selden was committed to the Marshalsey of the King's-Bench, for not putting in Sureties for his Good Behaviour. There were with him in the same Prison Hobart, Stroud, and Valentine. In the end of Trinity Term, 6 Car. the Sickness increasing in Southwark, the three last named made suit unto the Judges of the King's-Bench, to be delivered over to the Gatehouse in Westminster, to avoid the danger. The Judges thought it Charity, and by Writ to the Marshal of the King's-Bench, commanded him to deliver them to the Keeper of the Gatehouse, and sent him a Writ to receive them. Mr. Selden never sent unto them whilst they were in Town, but when they were all gone, made suit to the Lord Treasurer to move the King, that to avoid this danger, he might be remov'd to the Gatehouse; which he did, and sent a Warrant under his Hand to the Marshal, signifying his Majesties Pleasure to remove him to the Gatehouse; accordingly he was removed. Thereupon when the Judges came to Town in Michaelmass Term, they called the Marshal to account for his Prisoner Mr. Selden; and he presenting unto them the Lord Treasurer 's Warrant by the King's direction, the Judges told him it would not serve, for he could not be removed but by Writ; and upon his Majesties pleasure signified it might so have bin done. And although the Judges were out of Town, yet the Clerk of the Crown would have made the Writ upon so good a Warrant, and it might have bin subscribed by the Judges at their return. And to avoid the like Error hereafter, the Court sent Justice Whitlock to the Lord Treasurer, to let him know that Mr. Selden never looked after any of the Court, but fought a new and irregular way to be removed without them. The Lord Treasurer made a very honourable Answer, That he would not move the King for Mr. Selden to be removed by this means, until he sent him word, on his credit, that it was a legal way; and told that Judge, that Mr. Selden was at the Judges dispose to remove back when they would, for it was not the King's meaning to do any thing contrary to the Order of the Court, or their formal Proceedings: So Writs were sent this Michaelmass Term to remove the four Prisoners back again to the Marshalsey.
- 1. To build at St. John's in Oxford, wherein he was bred up, for the good and safety of that College.
- 2. To overthrow the Feoffments, dangerous both to Church and State, going under the specious pretence of buying in Impropriations.
- 3. To procure King Charles to give all Impropriations yet remaining in the Crown within the Realm of Ireland, to that poor Church.
- 4. To set upon the Repair of St. Paul's Church in London.
- 5. To collect and perfect the broken, crossing and imperfect Statutes of the University of Oxford, which had lain in a confused heap some hundred Years.
- 6. To settle the Statutes of all the Cathedral Churches of the New Foundations, whose Statutes are imperfect, and not confirmed.
- 7. To annex for ever some setled Commendams; and those, if it may be, fine Curâ, on all the small Bishopricks, for Bristol, Peterborough, St. Asaph, Chester, and Oxford.
- 8. To find a way to increase the Stipends of poor Vicars.
- 9. To see the Tythes of London setled between the Clergy and the City.
- 10. To set up a Greek Press in London and Oxford, for printing the Library-Manuscripts, and to get both Letters and Matrices.
- 11. To settle 80 l. a Year for ever out of Dr. Fryer's Land, (after the death of Dr. John Fryer the Son) upon the Fabrick of Sr. Paul, toward the repair, till that be finished, and to keep it in good state after.
- 12. To procure a large Charter for Oxford, to confirm their Ancient Privileges, and obtain new for them, as large as those of Cambridge, which they had got since Henry the 8th, and Oxford had not.
- 13. To open the great Square at Oxford, between St. Mary's and the Schools, Brasen-nose, and All-Souls.
- 14. To settle an Hospital of Land in Reading, of 100 l. a Year.
- 15. To erect an Arabick Lecture in Oxford, at least for his Life-time, his Estate as he supposed not being able for more, that this may lead the way, &c. The Lecture began to be read, Aug. 10. 1636. and was setled for ever.
- 16. Then to settle the Impropriation of the Vicarage of Cudsden, to the Bishop of Oxford. Wednesday, April 19. 1637. and so the House built by the new Bishop of Oxford, Dr. John Bancroft, and setled for ever to that Bishoprick.
- 17. To get a Book in Vellom fair written, containing the Records which are in the Tower, concerning the Clergy. This Book he got done at his own Charge, and left it in his Study at Lambeth for Posterity, June 10. 1637. abanno 20 Ed. 1. ad an. 14 Ed. 4.
- 18. To procure a new Charter for the College near Dublin, and a Body of new Statutes made to rectify that Government.
- 19. A Charter for the Town of Reading, and a Mortmain of—
- 20. If he lived to see the Repair of S. Paul's near an end, to move his Majesty for the like Grant from the High Commission, for the buying in of Impropriations that he already had for St. Paul's, and then he hoped to buy in two a Year at least.
- His building of St. John's College.
- The overthrow of Feoffments.
- Setled Impropriations in Ireland.
- Began the Repair of St. Paul's.
- Regulated the Statutes of Oxford.
- Setled the Statutes of the Cathedrals, and annexed Commendams to them.
- Set up a Greek Press in London.
- Obtain'd a large Charter for Oxford.
- Setled an Hospital at Reading.
- Setled an Arabick Lecture in Oxford.
- Setled an Impropriation on Cudsden.
- Obtained a Charter for the College near Dublin; and a Charter for the Town of Reading.
Consideration being had of a Proclamation in King James his Time; whereby, among other things, the insufferable Abuses committed by diverse Interlopers, Irregular Merchants, and disobedient Fishermen and Mariners, who were prohibited to Trade with the Salvages of New-England; did barter away to these Salvages, Swords, Pikes, Muskets, Match, Powder, Shot, &c. with which they destroy'd the English who sold those Weapons to them. His Majesty therefore by his Proclamation, bearing date the 5th of December, did then again prohibit such kind of Trade with those Salvages under great Penalties.
On the 5th of December came forth in Print, by publick Authority, Articles of Peace, Entercourse, and Commerce, concluded in the Name of the most High and Mighty Kings, Charles by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, &c. And Philip the 4th King of Spain, &c. In a Treaty at Madrid the 5th day of November after the Old Stile, the Year of our Lord God 1630. This Peace was Proclaimed on Sunday the 27th of November with great solemnity, and two days after sworn unto at the Chappel at Whitehall; the King and the Spanish Ambassador Don Carlo Coloma went into their several Retirements whilst an Anthem was sung, and whilst the Dean, Dr. Laud, with three other Bishops, went up to the Altar with the Latin Bible, upon which the King laid his Hand; Secretary Cook having read the Oath, the King kissed the Book, and signed the Articles; which he delivered up to the Ambassador, and so passed to the Banqueting-House to a princely Entertainment.
And as to this Peace, the King declares that it is sound meet and expedient, upon weighty Considerations moved to his Majesty by the intervention of some of his Friends, to lay aside Hostility with the King of Spain, and so to remove by fair and possible means, the cause of the War, which hath bred interruption to the Amity bet wixt the two Crowns; which his Majesty doth accordingly make known to all his Loving People, that the said Peace and Friendship being so established, not only all Hostility and War is to cease on both sides from hence-forward, but also the former Trade and Commerce, as it stood in use and observance of the Treaty made by his Majesties blessed Father, is restored and confirmed between the said Kings, their Kingdoms, Territories, and Subjects, as well by Land and Sea, as Fresh-waters. The substance of the Articles are at large in the Appendix.
When this War was first begun with Spain, there was great hopes to have by force obliged that King to procure the Restitution of the Palatinate; but all that could be obtained after long Expence in War, was, That he would improve his utmost Interest in the Emperor, towards the Restitution of the Prince Elector.
On the 5th of January, his Majesty's Orders and Directions came forth publickly in print, together with a Commission for the better Administration of Justice, and more perfect Information of his Majesty, how, and by whom the Laws and Statutes tending to the relief of the Poor, the well ordering and training up of Youth in Trades, and the reformation of Disorders, and disordered Persons, were executed throughout the Kingdom; which his Royal Majesty commanded to be published and enquired of, by the Body of his Privy-Council, whom he had made Principal Commissioners for that purpose; which Commissions, Orders, and Directions, are inserted more fully in the Appendix.
It so happened, that at this time there was great fear of a Dearth, which the Lords of the Privy-Council taking into serious consideration, thought fit to write a Letter to the Lord-Mayor and Aldermen of the City of London, requiring an answer to these particulars following.
- 1. What number of Mouths are esteemed to be in the City of London, and the Liberty?
- 2. What Proportion of Corn will suffice to feed that number by the Month?
- 3. What Places are provided for to conserve that Corn?
- 4. When the City intends to make their Provision?
- 5. What course the City takes to have the Provision well conserv'd against the time of Scarcity?
- 6. What stock of Money they provide for that purpose? and who shall be the Providers?
St. Katherine Creed-Church being lately repaired, was suspended from all Divine Service, Sermons, and Sacraments, till it were Consecrated. Wherefore Dr. Laud Lord Bishop of London, on the 16th of January, being the Lord's Day, came thither in the Morning to Consecrate the same. Now because great Exceptions were taken at the formality thereof, we will briefly relate the manner of the Consecration, as also what the Bishop said in his justification, when he was afterwards questioned for the same in Parliament as an Innovation.
At the Bishop's approach to the West door of the Church, some that were prepared for it, cryed with a loud voice, Open, open ye e-verlasting doors, that the King of Glory may enter in! and presently the doors were opened: And the Bishop, with some Doctors, and many other principal Men, went in, and immediately falling down upon his Knees, with his Eyes lifted up, and his Arms spread abroad, uttered these words: This Place is holy, the Ground is holy, In the name of the Father, Son, and Holy-Ghost I pronounce it holy.
Then he took up some of the dust, and threw it up into the Air, several times in his going up towards the Chancel; when they approached near to the Rail and Communion Table, the Bishop bowed towards it several times, and returning, they went round the Church in Procession, saying the 100 Psalm; after that the 19th Psalm, and then said a Form of Prayer, Lord Jesus Christ, &c. and concluding, We Consecrate this Church, and separate it unto thee, as holy Ground, not to be prosaned any more to common use.
After this the Bishop being near the Communion Table, and taking a written Book in his hand, pronounced Curses upon those that shou'd afterwards prophane that Holy Place, by Musters of Souldiers, or keeping prophane Law Courts, or carrying Burdens through it, and at the end of every Curse, he bowed towards the East, and said, Let all the People say, Amen.
When the Curses were ended, he pronounced a number of Blessings upon all those that had any hand in Framing and Building of that Sacred and Beautiful Church, and those that had given, and should hereafter give any Challices, Plate, Ornaments, or Utensils; and at the end of every Blessing, he bowed towards the East, saying, Let all the People say, Amen.
As he approached the Communion-Table he made many several lowly Bowings, and coming up to the side of the Table where the Bread and Wine were covered, he bowed seven times, and then after the reading of many Prayers, he came near the Bread, and gently lifted up the corner of the Napkin wherein the Bread was laid, and when he beheld the Bread he laid it down again, flew back a step or two, bowed three several times towards it, then he drew near again, and opened the Napkin, and bowed as before.
Then he laid his hand on the Cup, which was full of Wine with a cover upon it, which he let go again, went back, and bowed thrice towards it, then he came near again, and lifting up the cover of the Cup looked into it, and seeing the Wine he let fall the cover again, retired back and bowed as before; then he received the Sacrament, and gave it to some principal Men; after which many Prayers being said, the Solemnity of the Consecration ended.
It is not inconvenient I hope to transgress in point of time, by acquainting the Reader that this matter was some years after objected against the Bishop of London in Parliament, as an evidence of his inclination to introduce Popery, and these matters of Fact before recited were then proved before the House of Lords; to which the Bishop made a learned Defence, by endeavouring to justisie the Consecration of Churches from the practice of Moses, Solomon, Hezekiah, and other Princes of the Jews, in the time of the Ceremonial Law. And that it is expressed in the Old-Testament, that the Tabernacle, with all the Vessels and Ornaments thereunto belonging, were all solemnly Consecrated by Moses; and afterwards when the Temple was built, it was solemnly Dedicated and Consecrated to God by King Solomon, and all his Princes and People; He also argued out of Eusebius, in the time of Constantine and other Christian Princes, of the Antiquity of Consecrating Churches, and then he descended more particularly to answer the Charge as to the Consecration of Creed -Church.
It was testified (faith he) that I came thither in a pompous manner. I deny it, it was only in a grave and seemly manner. It is objected, that as soon as I came within the Church Door I fell down upon my Knees; True, it was no more than my Duty, being an Oratory. Moses and Aaron fell down on their Knees at the Door of the Tabernacle. Hezekiah and the People bowed and worshipped, as I have proved at large in my Speech in the Star-Chamber. And, O come let us worship and fall down before the Lord our Maker, is the common Introitus in our own and other Liturgies. It is objected, I pronounced the Place and Ground holy; I did so, and it is an ordinary and legal Speech, there being a Relative, tho' not an Inherent Holiness in Churches dedicated to God's Service. Whereas it was said, I threw up dust in the Air, This I deny, and where it was alledged that this was in imitation of the Roman Pontifical; that (said he) is a mistake: for the Pontifical prescribes (Cinis) Ashes, not Dust to be cast abroad. For my Form of Consecration, Bishop Andrews made it, from whom I desired a Copy, and had it, which I observed. It was objected that the form of Prayer I used, is in the Mass-Book and Roman Pontifical. It may be so, he replied, and many other very good Prayers are in it.
- 1. That Moses had an express Command from God himself to consecrate the Tabernacle, with all the Vessels thereof, by anointing them with Consecrated Oil, Exod. 40. 10, 11, 12. they being Types of Christ to come: But we have no such Command from God to Consecrate Churches, Church-Yards, Chappels, Altars, Vestments, which are no Types of Christ already come.
- 2. This Consecration was made by Moses the Temporal Magistrate, (not by Aaron the High-Priest) without any other Ceremony than meer anointing the Tabernacle and its Vessels and Implements with Oil; therefore this was no Warrant for Bishop's consecrating Churches, Church-Yards, Chappels, Altars, Vestments, with other Ceremonies, without any anointing them with Oil.
- 3. This Consecration was only Temporary, Jewish, Ceremonial, abolished by Christ's death, Col. 2. 14, &c.
- 4. King Solomon did not Consecrate the Temple, nor the Vessels and Court thereof with Oil, as Moses did the Tabernacle, but after he had brought the Ark, Tabernacle, and all the holy Vessels into it, with Praises, Thanksgiving and Instruments of Musick, and after the Cloud and Glory of the Lord had filled the House, he made an Heavenly Prayer only in the midst of the Court, not in the Temple, before all the Congregation of Israel.
- 1. That the most Holy Place was so stiled, tho never Consecrated: so Jerusalem is very frequently called the Holy City, Mat. 4. 5. and 27. 53. though never Consecrated, and God told Moses, the place whereon thou standest is holy Ground, Exod. 3. 5. though never Consecrated by a Bishop.
- 2. Our own Homilies inform us, That the Church is counted and called Holy, not of it self, (nor yet for its Consecration by a Bishop) but because God's People resorting thither, are Holy, and exercise themselves in Holy and Heavenly things.
- 3. The Hearing and Preaching of God's Word, Prayer and receiving the Sacraments therein, are sufficient of themselves to sanctifie, and make it Holy, without any other Consecration.
- 4. Sanctification in it's own nature, is nothing else but a sequestering of any thing from a common or ordinary use, to a Religious and Sacred Purpose, and this may be done without a Bishop's Exorcism or Conjuration.
For his throwing up of Dust, two Witnesses expresly depose it, which must over-ballance his bare Negation, and there is so little difference between Dust and Ashes, as they are usually coupled together as synonimous in Scripture and Authors. That he took his Form from Bishop Andrews, is only averred by himself, not proved by any Witness; but that it agrees with that in the Pontifical, which we found in his Study even in terminis, is most clear, and therefore we cannot but presume he derived it from thence: However if Bishop Adrews imitated the Pontifical, and he Bishop Andrews, the charge is much alike.
Sir Miles Hobart, and William Stroud Esq; their Case.
On the 23d of January the Attorney General exhibited two several Informations, the one against William Stroud, Esq; the other against Sir Miles Hobart, Knight. The Charge against both of them therein, was for several Escapes out of the Prison of the Gatehouse: they both pleaded not guilty. And their Cases appeared to be as followeth. The said William Stroud, and Sir Miles Hobart, were by the King's Command committed to Prison, for Misdemeanours alledged against them, in their carriage in the House of Commons at the last Parliament. Afterward in Trinity Term Anno 6 Caroli, both of them being by Order of this Court, and by Warrant from the Attorney General to be removed unto the Gatehouse; the Warden of the Marshalsey (where they were before imprisoned) sent the said Stroud to the Keeper of the Gatehouse, who received him into his House lately built, and adjoyning to the Prison of the Gatehouse, but being no part thereof. After which receipt, the same night, he licensed the said Stroud to go with his Keeper unto his Chamber in Grays Inn, and there to reside. Sir Miles Hobart was also by the said Warden of the Marshalseys delivered to the Keeper of the Gatehouse, but being sick, and abiding at his Chamber in Fleet street, he could not be removed to the Prison of the Gatehouse, but there continued with his Keeper also. Afterwards the Sickness increasing in London, they (with the License of the Keeper of the Gatehouse, as it was proved) retired with their Under-keepers to their several Houses in the Country for the space of six weeks, until Michaelmass Term then next following, when by direction of the said Keeper they returned to his House; But in all that space it could not be proved, that they were in any part of the old Prison of the Gatehouse, but in the new Building thereto adjoining, unless when they once withdrew themselves to a Close-stool, which was placed near to the Parlor, and was part of the Old Prison of the Gatehouse. This Evidence was given to both the Juries, and both them returned their Verdicts severally, That they were not Guilty, according to the Information exhibited against them. And in this Case it was debated at the Bar and Bench, Whether by this receipt and continuance in the New House only, it may be said, That they ever had bin imprisoned? And the Judges held, That their voluntary retirement to the Close-stool, made them to be Prisoners. They resolved also, That in this and all other Cases, although a Prisoner departs from Prison with his Keepers Licence, yet it is an Offence as well punishable in the Prisoner as in the Keeper. And Calthrop made this difference between Breach of Prison and Escape; the first is against the Goaler's will; the other is with his consent, but in both the Prisoner is punishable; whereunto the whole Court agreed. It was also resolved, That the Prison of the King's Bench is not any Local Prison, confined only to one Place; and that every Place where any Person is restrained of his Liberty is a Prison. As if one take Sanctuary and depart thence, he shall be said to break Prison.
The 14th day of March, his Majesty issued out a Proclamation, declaring his Royal Grace to confirm to his Subjects of the Realm of Ireland their Defective Titles, and to establish their Estates and Possessions by his Commission under the Great Seal of England, as the strongest motive to quiet them, to make them subject to the Laws, to conform themselves to Industry, and to make them opulent. See this at large in the Appendix.
It was the usual custom of Thomas Lord Coventry, Lord Keeper of the Great Seal of England, diligently to observe the sitting Days of the Privy-Council; and his course was ever in the first place to hear all Petitions read; and when there had bin any Hearing upon them, or Answers given to them without Hearing, he commanded the Clerk of the Council, to inquire if there were any more Petitions; and if none, then he used to rise and leave the Council sitting, and not to stay the Debate of Matters of State, or Foreign Affairs; and were the Petitioner never so mean, his Petition was certainly read, if the Lord Keeper was there.
An Example of which you have in the Fishermen of Barkham in Essex, who made their complaint against Captain John Smith, Captain of the South Blockhouse; and Captain John Duffeild Captain of the Ship called the Seven Stars, riding at Medway, for divers wrongs and extortions of Fees, in taking Mony of the Petitioners, under pretence of requiring their Bond, and the like: Whereupon it was this day Ordered, That the said Fishermen should hereafter bring Certificates and Bonds ready made, unto Sir Thomas Fanshaw Knight, dwelling in Essex, and before him shall Sign, Seal, and deliver the same to his Majesties use, and leaving the said Bond with the foresaid Captain, were to proceed in their Vocation of Fishing, without any other Bond to be required of them after, or any trouble or molestation touching the same, notwithstanding any restraint; when by the said Restraint it is permitted to them to proceed in their Fishing, giving Bond not to pass beyond Seas.
Titles of Proclamations, &c.
A Proclamation declaring his Majesties Royal Grace and Pleasure, to confirm to his Subjects their Defective Titles, Estates, and Possessions (as well by colour of former Grants, as without any Grant from the Crown) by his Commission lately renewed and granted to that purpose.
A Proclamation for the better discovery and prevention of Burglaries, Robberies, and other Frauds and Abuses; and for the suppressing of all secret and unlawful practices of Retailing Brokers, and others which may occasion the same.
A Proclamation forbidding the disorderly Trading with the Salvages in New-England in America; especially the furnishing the Natives in those and other parts of America, by the English, with Weapons, and Habiliments of War.
A Proclamation declaring his Majesties Royal Grace, to confirm to his Subjects of the Realm of Ireland, their Defective Titles, and to establish their Estates and Possessions by his Commission under his Great Seal of England.