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 1631.
Whereas his majesty hath bin graciously pleased to give permission to Dur very good Lord, the Lord marquess of Hamilton, for the levying and transporting of fix thousand English Voluntires to be employed in the Service of the king of Sweden. And whereas Captain Conningsby of the Regiment of Sir James Hamilton, hath desired a Commission for the raising of the Company to go under his Command, consisting of 150, within the Counties of Hereford, Kent and Middlesex; These are therefore, according to his Majesties express pleasure on that behalf, to signify as well to your Lordships his majesties Lieutenants of the said Counties, and to your Deputy Lieutenants; as well also to all Mayors, Sheriffs, Justices of the Peace, and to all other his Majesties head Officers and loving Subjects, to whom it shall appertain, That we do hereby grant License unto the said Captain Coningsby, to take up and entertain, by bearing of Dum or otherwise, the said number of 150 Voluntiers within the Counties and places aforesaid, praying and requiring your Lordships, &c. to afford the said Captain and his Officers your best assistance and furtherance on that behalf, as also in the orderly conduct of them, without Dammage, Charge, or Offence to the Country, from place to Place within your several Jurisdictions, unto the place on part of their embarking.
|Captain Coningsby, the Colonel's Company, To raise his Men in the Counties of||Hertford,|
|Lieutenant Colonel Sir William (fn. 1) Balantine, To raise his Men in the Counties of||Brecknock,|
|Serjeant Major Arthur Brett, To raise his Men in the Counties of||Sussex,|
|Capt. Arthur Long, To raise his Men in the Counties of||Middlesex,|
|Capt. Pawlet, To raise his Men in the Counties of||Southampton,|
|Capt. Hamond, To raise his Men in the Counties of||Surrey,|
|Capt. Cary, To raise his Men in the Counties of||Southampton,|
|Capt. Breton, To raise his Men in the Counties of||Southampton,|
|Capt. John Bell, To raise his Men in the Counties of||Hertford,|
|Capt. vavafor, To raise his Men in the Counties of||Warwick,|
|Capt. Terwitt, To raise his Men in the Counties of||Lincoln,|
|Capt. Fieldings, To raise his Men in the Counties of||Warwick,|
Henry Bellasis, Son and Heir of the Lord Faulconberg, was on the 6th of April called before the Council Board, to answer his contemptive carriage towards the Lord Wentworth, Lord President of the North, and one of his Majesties Honourable Privy Council The Charge given against him was, 'That he had come into the ' Room wherein the said Lord President was at solemn meeting, without shewing any particular reverence to the said Lord President, as in civility and duty he ought to have done. And that afterwards his Lordship going out of the said Room with his Hat off, the King's Mace-Bearer before him, and all the rest of the company uncovered, he the said Mr. Bellasis stood with his Hat on his Head, looking full upon his Lordship without stirring his said Hat, or using any other Reverence or Civility to the said Lord President.
'To which the said Mr. Bellasis made answer by a solemn and deep Protestation, That he came into the Room as he shall do into all other places, fully purposed and ready to perform that Respect and Reverence to the Lord Viscount Wentworth, which he acknowledged to be due to the place he holds under his Majesty; And the reason why he did not put off his Hat to his Lordship going out of the Room was, that his Face being turned about the other way, talking with Ferdinando Lord Fairfax, his Lordship was past before he was aware thereof; that otherwise he would have put off his Hat, and given that Reverence to his Lordship: Protesting again deeply, that he came with no intent into the Room to offer any neglect or disregard to the said Lord President. Whereupon he was commanded to withdraw, and being commanded to kneel, did but seemingly do it. Yet by reason Mr. Bellasis was a young Gentleman, and that he would hereafter behave himself with more Civility and Humility towards his Majesty's President, therefore did only order that the said Mr. Bellasis, as he hath now made this Profession before their Lordships, so should he also under-write the same with his own Hand, together with an Acknowledgement, that he is sorry he gave such occasion of Offence and Scandal to the said Lord Wentworth, which was accordingly drawn up and tendered to him: but Mr. Bellasis refusing to submit to it and obey, was by their Lordships committed to the Gatehouse.
Mr. Bellasis after a month's Imprisonment, was by the Lords of the Council called in again the 6th of May, and seemed willing to subscribe the Acknowledgment: 'But said he hoped the Submission was ' understood to have relation to the Place, and not to the Person of the Lord President; and being thereupon commanded to withdraw, his Friends presently prevailing with him to submit, which being signified to their Lordships, he was called in again, and submitted to obey their Commands, and was thereupon set at Liberty.
The Devotion of those times undertook a vast and expensive Work, the repairing of the Cathedral Church of St. Paul's in London. To which end a Commission under the Great Seal was awarded to the Arch-Bishops of Canterbury and York, the Bishops of London and Winchester, to all the Lords of the Council, and all the prime Ministers of State, to the Lords Chief-Justices of the Courts at Westminster, and to the Lord Mayor, divers Aldermen, and the Chamberlain of the City of London, and to the Dean, and Residentiaries of that Cathedral.
'His Majesty therein Declaring; that he had taken into his serious and Princely Consideration the great decays of that Building, the same being the goodliest Monument, and most eminent Church in all his Dominions, and a principal Ornament of the Royal City; that in respect of his Zeal to God's Glory, and for the Honour of his Government, he had an earnest desire and purpose to provide for the Repairing and Upholding of that Magnificent Structure, and restoring the same to its antient Beauty and Glory, according to the pious intention of his Royal Father, who granted a Commission to begin and set forward that great and honorable Work. And duly weighing, that as this chargeable Fabrick in the first founding thereof, could not but require many Years of time, and large supplies of publick Charity; So the substantial Repairing and Adorning thereof is not to be effected out of any Rents, or Revenues heretofore pretended to have been given to that use, but will require a stock of Money and Materials to begin the Work, and a constant yearly supply to bring it to an end. Wherefore it was his Majesty's will and pleasure, that all Monies to be raised or recovered for this Work, should be paid into the Chamber of London, as the fittest and safest Chest whereinto the same can be put, and the Materials which already are or shall be brought in, shall be laid in Store-yards, Houses, and Places, by Officers appointed for that purpose. And the Bishop of London was authorised to keep a Register, wherein to take the several Subscriptions of the Nobility, Bishops, Judges, Serjeants and Counsellors at Law, Officers and others of Quality and Ability who shall willingly contribute. The Judges of the Prerogative Courts of both Provinces, and the Vicars General, and the Officials of the several Bishopricks of the Kingdom, were commanded to take special care, that out of such Monies as shall fall into their power upon the Deceases of Persons intestate, to be distributed for pious uses, some convenient proportion thereof be assigned to the supply of this Charge. And the Letters Patents, for the general Contribution of all Subjects in the Kingdom, were to be drawn in a more special manner, according to the extraordinary nature of this Case. Also the Commissioners had Authority for taking of an exact Survey of the particular decays of the Church, and calculating the Charge thereof, for the discovering of all such Legacies, Gifts and Sums of Money as were given, or intended, for the Maintaining, Repairing, and Adorning thereof; and for Advising and Agreeing upon the Forms of Letters Patents for Publick Collections throughout England and Wales; and for the orderly bringing in all such Moneys as should be Collected, Raised, or Recovered for this Public Use, and of all Materials thereunto belonging, and for the well-disposing thereof; and for making of meet Orders and Constitutions for the Preservation of that Cathedral, and suppressing and preventing all present and future Annoiances, Purprestures and Encroachments, which tend to the Damage or Disgrace thereof. And that the Proceedings herein may be firm and inviolable, and remain in perpetual memory, this Injunction was added, That a Certificate thereof be made into the Court of Chancery, there to remain on Record.
According to the directions in this Commission, Briefs for Contributions were issued forth under the Great Seal, in different manners, according to the different condition of the places unto which they were directed. Resolutions were taken by the Lords Committees, that 'once a Year a Certificate be made of the Money given, and of the Donors names; and that the Work should not begin till there were 10000l. in Bank; and when the Scaffolds were up, and the Work begun; that two or three Chests should be set in the Church, in convenient places, for receiving the Benevolences of well-disposed Persons.
And where-ever there was found flackness in raising or collecting of Monies in this behalf; Persons of Wealth or Authority in their Country, were to be quickened by Letters Monitory sent from the Council Table. Sir Francis Knowls and Sir Thomas Vachel, Justices of the Peace in Berks, received such Letters, wherein they were checked for delaying to publish his Majesties Commission, and forbearing to express their own Liberalities, and their good inclinations to so pious a Work, which might be a means to invite others by their good example; and were injoyned, for the redeeming of opportunities already let slip, to redouble their diligence, and to put the Commission in execution by the Left ways and means they could; and to return an exact Accompt of the Monies given by themselves and others; that the King being therewith acquainted, may disinguish between such as are forward and well-affected, and such as are slack and remiss in doing God and him Service.
Resolutions taken by the Lords Committees for the Business of the Cathedral Church of St. Paul.
- 1. That once a Year Certificates be made of the Monies given, and the Donors Names.
- 2. That a Clerk of the Work be chosen, and a Pay-master, and a Purveyer.
- 3. The Work not to begin till there be Ten thousand pounds in Bank. That when the Scaffolds are up, and the Work begun, two or three Chests be set within the Church, in such places as shall be thought fit, for receiving the Benevolences of well-disposed Persons to the said work.
Moreover, The Privy-Council being informed by sundry Hands, of a long Abuse in that Church, which might give an Impediment to Mens Liberal Offerings, thought fit to make this Order on the 18th of January.
'The Council Board by special Direction and Commission from his Majesty, taking into consideration the ways and means for the Reparation of the Cathedral Church of St. Paul's, were informed at sundry hands, of a long continued abuse of the place, which might give a great impediment to Mens liberal Offerings to so pious a Work, if care were not taken, as well for the Religious and decent use of the inside, as repairing of the outside. The offence that is taken as well by Forreigners, as those of our own Nation, is, that in time of Divine Service, while the upper part of the Church is used for Praying and Preaching, the nether part of the Church is used as an Exchange for Men to meet in, to walk, talk and discourse of all things; and the Church it self, though by situation it stands convenient for Passage to and from all parts of the City; yet by that liberty is so far profaned, as it is used like a Street for carriage through of all Burthens, Provisions and Necessaries Men have to use, or pass from place to place; whereat good Men are much scandalized. Their Lordships finding this to be so unfit (the Dedication of that place considered) besides the coldness it may make in Men, otherwise well affected to this Work, if the better part be not cared for, as well as the material Work provided for, have thought fit to declare themselves thus far, to the Dean and Chapter of that Church, that they thereupon may seriously enter into Consideration how this Abuse may be reformed, and propound to the Board a fit Expedient. Their Lordships for their parts offer this unto the said Dean and Chapter; That in time of Divine Service, Prayers, or Preaching none should be suffered to be walking or talking in the Church, or nether Iles thereof; And at no time to have any part of the said Church used as a throughfare, or passage for Burthens, Provisions, or other common necessaries to be carried through the Church, but for all those things to take the common way of the Streets. What more or other things the Dean and Chapter shall find fit to add, they are prayed and required to represent unto the Board with all conveniency, that such course may be therein taken as shall be fit, and this pious and worthy Work encouraged by all the means that may be.
'That no Man of what quality soever shall presume to walk in the Iles of the Quire, or in the Body or Iles of the Church, during the time of Divine Service, or the Celebration of the Blessed Sacrament, or Sermons, or any part of them, neither do any thing that may disturb the Service of the Church, or diminish the Honour due to so holy a place.
'That all Parents and Masters of Families do strictly forbid their Children and Servants to play at any time in the Church, or any way misdemean themselves in that place, in time of Divine Service, or otherwise: And if any Children or Servants shall be found so doing, besides the punishment of the Delinquents, their Parents and Masters shall be subject to such Censures and Punishments, as is thought fit to be inflicted.
At this time certain Houses and Shops adjoining to St. Paul's were thought fit to be demolished, for the more commodious Repairing, and better Ornament of that Cathedral; Whereupon choice was made of a certain number of the Commissioners to treat and compound with all persons interested in such Buildings, having a more especial regard to Widows, Orphans, and the poorer sort. And it was ordered, That if the Owners conformed themselves, by demolishing their Houses, by a limited time, they should receive such satisfaction, according to their several Interests, as their Lordships should think reasonable; Otherwise, the Sheriff of London was requir'd to see the same performed; it being not thought fit, that the Obstinacy of those Persons should hinder so considerable a Work. Hereupon Compositions were made with the Owners, for certain summs of Mony, to be paid out of the Monies design'd toward the repairing this Cathedral, together with the Materials of the demolished Houses. And the Bishop of London, the Dean and Chapter of St. Paul's, and the Warden of the Petty-Canons were appointed to accept the Surrender of the Leases so compounded for, and to deliver them to the Clerk of the Privy-Council, to be put into the Council-Chest, there to remain in safe keeping.
And because the Surveiors brought in, That the greatest part of the Houses in the Parishes of St. Faith's and St. Gregories, are within the Wall of St. Paul's Church-yard, and consequently built, as was alledged, to the Nuisance and Detriment of the Church, and might in reason and justice be ordered to be pull'd down, as well as the other Houses that abutted upon the Church Wall; Their Lordships ordered that the Sub-Committees should call before them such Owners and Inhabitants as have their Houses within those Parishes, and deal with them effectually for some Annual Contribution, or sum of Money, whereby Houses and Rents might be setled to the use of the Parson of St. Gregories, and of the Almoner and Choristers, to make some recompence for the Loss which would fall upon them by the taking down of their dwelling Houses, and some other Tenements belonging to their Maintenance.
And whereas the Dean, and the Petty-Canons of S. Paul's have a Quarter built on the North-side of the Church, in manner of a College, for their Habitation; which if wholly employ'd to the use of the Church, was conceiv'd convenient enough, both for them and the Parson of St. Gregories, and the Master and Choristers : Their Lordships ordered, that the Sub-Committees should send for the Dean and Petty-Canons, and upon their Examination and View of the Place, discover and certifie the Board what Tenants do inhabit, and what Inmates are lodged there.
The Parishioners of St Gregorie's having begun to make a Vault for the Burial of the Dead, from the South-side of St. Paul's towards the Street, near the Lollard's Tower, fifty foot in length, and fourteen in breadth, it being found that in digging they bared three settings off from the South-side of the Cathedral; and upon the East, and Southside of the Lollards-Tower, five foot deep, from the first setting off above ground; the Lords of the Council ordered, left the Foundation of this great Building should be under-wrought, that the Vault should be shortned, so as neither the Grises be bared, nor the Walls of the Church, or Tower touched; and that a separation-Wall be made, and the place within be thorowly fill'd up with Earth.
Afterwards the Wall of St. Gregorie's Church was ordered by the Lords of the Privy-Council to be pull'd down, as an impediment to the Work, and unseemly to the View of the Cathedral; and the rather, because it was within another Church-yard already consecrated for Burial.
At last St. Gregory's Church it self, being found a great Impediment to the Work in hand, several strict Orders were made to the Parishioners to take it down, and remove it to some other place. The Parishioners alledging inability to undergo the Charge, petition'd the Lords of the Council, that they might be freed from that Injunction; but their Lordships finding no cause to vary, did ratify the former Orders. And as touching the difficulty of finding out and procuring a fit place for the erecting of a New Church within that Parish; and the pretended disability to undergo the Charge of Building it, they leave it to the Parishioners Election, Whether they will build the same, or be assign'd to any one or more Parishes, in such manner as the Lord Bishop of London shall think fit and direct, and so remain till a New Church be erected.
After this they of St. Gregory's, being in number above 3000 Souls, were assigned to the West end of Christ-Church; but those of Christ-Church refusing to admit them without Composition, or hard Conditions, it was ordered by the Privy-Council, that they should freely assemble there without any farther burthen.
Upon the 25th of April began the Arraignment and Condemnation of Mervin Lord Audley, Earl of Castle-Haven in Ireland; who being accused of several Crimes and Enormities, now brought to light, the King thought it meet that he should have a publick and fair Trial. And in order thereunto, the Lord Keeper wrote to some of the Judges to hasten to Town, after their Circuits were over, to be present at his Trial, which was to be in Westminster-Hall before the beginning of Easter Term, to be assisting to the Lord High Steward.
- Sir Nicholas Hyde, Lord Chief Justice of the King's Bench.
- Sir Thomas Richardson, Ld. Chief Justice of the Common Pleas.
- Sir Humphry Davenport, Lord Chief Baron of the Exchequer.
- Baron Denham.
- Judge Jones.
- Judge Hutton.
- Judge Whitlock.
- Judge Cook.
In this Case there were three Indictments found at Salisbury, the Wednesday preceding Easter, before the Lord Chief Justice Hide, the Lord Chief Justice Richardson, and Baron Denham, Justices of Assise for that Circuit, and special Commissioners in this Case. The one Indictment was for a Rape upon his own Wife, for holding her by force, whilst one of his Minions, forcibly and against her Will, had Carnal knowledge of her; so that he was Indicted as præsens, auxilians, confortans, and therefore a Principal. The other two Indictments were for Buggery with a Man.
On Friday morning before the Trial, the Judges being sent for, all but Denham (being met at Serjeants-Inn Hall in Fleetstreet) these Questions were proposed unto them by Sir Robert Heath the King's Attorney General; A memorial of which, a learned (fn. 2) Judge, one of the eight before mentioned, set down in writing to the effect following.
- 1. Whether a Peer of the Realm may wave his Trial by Peers, and plead he will be tried by God and the Country?
- Answer. He may not. For his Trial by Peers is no Privilege, but the Law, declared by Magna Charta; and if he will not plead to Trial by his Peers, it is standing Mute.
- 2. Whether a Peer may challenge his Peers, as in the case of common Jurors?
- Answ. He may not, (which I think is so, said that Judge) because they go not on their Oath, but on their Honour, and a Challenge is tried whether he stand indifferent as unsworn.
- 3. Whether a Peer may have Counsel any more than a common Person?
- Answ. If Matter of Law appear, he may, not for Matter of Fact.
- Certain Examinations being taken by the Lords without Oath; It was resolved,
- These could not be used until they were repeated upon Oath, unless of the Party to be tried, which may be read without an Oath.
- 4. Whether the Wise in this Case may be a Witness against her Husband for the Rape?
- Answ. She may, for she is the Party wrong'd; otherwise she may be abused. In like manner a Villain may be a Witness against his Lord in such Cases.
- 5. Whether the Witnesses are to be produced viva voce, if the Lord Steward require it, or the Prisoner ?
- Answ. If he stand Mute in the Case of Rape or Buggery, he may have his Clergy in either.
- 6. Then if he may not be put to Trial on the other Indictment, may not he be for a latter Buggery, and be denied his Clergy ?
- Answ. On that he may, by 18 eliz.. 1.
- 7. Whether in case one standeth Mute, Evidence may be opened by command of the Court concerning the Fact, though the Delinquent be to be pressed to death for his contempt ? But it is a matter in the discretion of the Court.
- 8. Whether in Cases where Clergy is allowable, the party may pray it before the answer, and deny to answer, otherwise ? for this is a Confession.
- 9. Whether in Rape there must be Penetratio?
- The Answer was in the Affirmative.
- 10. He having made suit to be bailed, whether it might be granted?
- Answ. Let the King, as King, advise of it. The Judges certified the Lord Keeper that he could not in justice require it; yet he might be bailed ex gratia, which was not fit in this odious Case.
A difference was made between a Buggerie and a Rape, in point of having Clergy, if he stood Mute: for it was argued he might have his Clergy if he stood Mute in Rape, but not in Buggery, because by the Stat. 25 Hen. 8. Buggerie is made Felony, which by the Common Law is not. And in the very creation of the Offence, Clergy is taken away; whereas Clergy did lie for a Rape, until it was taken away by a Statute.
It was concluded that the Lords might Eat and Drink before they were agreed, but they could not separate nor adjourn the giving up of their Verdict. This appeared out of the Report of the Lord Dacres of Greg stock's Case, who was tried for Treason, and acquitted by his Peers, 26 H. 8.
It was agreed by the Justices in that Case of the Lord Dacres, that a Verdict cannot be given by a lesser number of the Lords than twelve; and if twelve be for the King, and thirteen for the Prisoner, the Prisoner shall be acquitted.
It was agreed, If the Lord Audley should have his Clergy upon his being Mute, yet he might be tried upon the other Indictments of Rape and Buggerie, and should not have his Clergy, by the Statute 18 eliz.. because the admitting him to his Clergy, would be a Supersedeas to all Indictments of Offences within Clergy, not of those without by that Statute. For by the Common Law, he that is admitted to his Clergy, is discharged from answering any other Offence; for by indictment of that Law, he is taken from the Power of the Secular Judge, and put into the hands of the Ordinary, whose Prisoner he is all his Life after.
It was resolved from the Lord Dacre's Case, That the Lord Steward, after Verdict given, might take time to advise upon it for any point in Law; and that his Office did continue unto him until his Judgment and Resolution, and it was but a Commission hac vice notwithstanding.
- 1. Richard Lord Weston, Treasurer.
- 2. Henry Earl Manchester, Privy Seal.
- 3. Thomas Earl of Arundel and Surrey, Marshal.
- 4. Philip Earl of Pembroke and Montgomery, Chamberlain to the King.
- 5. Henry Earl of Kent.
- 6. Edward Earl of Worcester.
- 7. Francis Earl of Bedford.
- 8. Robert Earl of Essex.
- 9. Edward Earl of Dorset.
- 10. William Earl of Salisbury.
- 11. Robert Earl of Leicester.
- 12. Robert Earl of Warwick.
- 13. James Earl of Carlisle.
- 14. Henry Earl of Holland.
- 15. Thomas Earl of Berkshire.
- 16. Henry Earl of Danby.
- 17. Edm. Vicount Wimbleton.
- 18. Edward Vicount Conway.
- 19. Dudley Vicount Dorchester.
- 20. Tho. Vicount Wentworth.
- 21. Henry Lord Clifford.
- 22. Algernon Lord Piercy.
- 23. James Lord Strange.
- 24. Dudley Lord North.
- 25. William Lord Peter.
- 26. Edward Lord Howard.
- 27. George Lord Goring.
There was prepared in Westminster-Hall a long Gallery ascending with twelve steps, beginning directly over against the Common-Pleas Bar; extending in length to the top of the King's-Bench Stair. At the higher end of the Gallery there was a long fair Table, with Benches on each side, for the Peers to sit on; and at the upper end thereof there was a Cloth of State for the Lord High Steward; also at the lower end another short Table for the Lords and Judges to fit at. And there was also a place provided for the King's Learned Counsel, and Officers of the Court; and below that, the Bar for the Prisoner: Scaffolds being also erected on each side of the Hall for People to stand and hear the Trial.
On the day appointed the Peers came into the Hall, and took their places according to their Degrees; The Judges likewise came, and took their places in order: After them the King's Learned Counsel, and the Officers of the Court.
Thomas Lord Coventry, Lord Keeper of the Great Seal; being by Commission under the said Great Seal, dated the 13th of April 1631, constituted Lord High Steward for the time being, about nine of the Clock in the morning entered into the Hall uncovered, with seven Serjeants at Arms carrying seven Maces before him, and attended upon by Sir John Burroughs King at Arms, and Mr. James Maxwel Usher of the Black Rod.
The Lord Steward, after he had saluted the Lords the Peers, who resaluted him, ascended the State; and being seated in the Chair, was presented with his Majesty's Commission by Sir Robert Rich, one of the Masters of the Chancery, which was openly read by Sir Thomas Fanshaw Clerk of the Crown. Then Mr. Maxwel kneeling down, presented his Lordship with a White Staff, or Rod, which he gave to one of the Serjeants at Arms, who held up the same by the Chair of State, on the right hand thereof.
Then the Lord Steward gave leave to all the Peers, and to all the Lords, and Judges, and Privy-Counsellors there present, to put on their Hats and be covered; and command was given, that none under those Degrees should be covered upon pain of Imprisonment.
- Sir Robert Heath, Attorney General.
- Sir Richard Shelton, Solicitor General.
- Sir John Finch, Queen's Attorney General.
- Sir Thomas Crew, the King's Serjeant at Law.
- Sir Thomas Fanshaw, Clerk of the Crown.
- And Mr. Keeling, his Assistant.
Then the Lord Steward commanded the Indictments to be certified and brought in; This being done, the Lieutenant of the Tower was called by a Serjeant at Arms, and commanded to bring forth the Prisoner; who accordingly being brought to the Bar, attended by divers of the Guard, he madeobeysance to the Lord Steward, and the Peers, by whom he was resaluted. Then the Lord High Steward directed his Speech unto him, which was as followeth.
My Lord Audley,
'The King hath understood, both by Report, and the Verdict of divers Gentlemen of Quality in your own Country, That you stand impeached of sundry Crimes of a most high and hainous nature. And to try whether they be true or not, and that Justice may be done accordingly, His Majesty brings you this day to your Trial. Doing herein, as the Mighty King of Kings, in the 18th of Genesis, vers. 20, 21. who went down to see whether their Sins were so grievous as the cry of them; Because the cry of Sodom and Gomorrah is great, and their sins grievous, I will go down, saith the Lord, and see whether they have done altogether according to the cry of it. And the Kings on Earth can have no better Pattern to follow than the King of Heaven: And therefore our Sovereign Lord the King, God's Vicegerent here on Earth, hath commanded that you should be here tried this day; and to that end he hath caused these your Peers to be assembled: And the desire of his Majesty is, that your Trial should be as equal as Justice and Equity it self: And therefore these Noblemen, your Peers, whose hearts are as full of Integrity, Justice and Truth, as their Veins full of Noble Blood, are this day to try you; wherefore if you be innocent speak boldly and confidently, and fear not to justify your self: And be assured, that those that accuse you, if you be free your self, shall not escape free; But if you be guilty of these Crimes, I advise you to give honour to God and the King, and confess your Faults; for it is not vain Confidence, nor Subtilty, nor standing out in denial, that hides the Truth, and all shifts and subtilties against it are but Concilia adversus Dominum.
May it please your Grace;
'I Have bin a close Prisoner these six Months, without Counsel or Advice; I am ignorant of the Law, and but weak of Speech at the best; and therefore I desire to have the liberty to have Counsel to speak for me.
The Lord Steward replied; 'That his long Imprisonment was a special favour, for that it gave him time to bethink himself, and more than ever any Man had that had bin committed for such Offences; and that he should demand nothing which the Law can allow, but it should be granted.
'Then his Grace desired to be resolved of the Judges whether the Prisoner's demand to have Counsel to plead for him, might be granted or not? the Judges answered, that in criminal Causes Counsel is not to be admitted in matter of Fact, but in matter of Law it may.
Then the three Indictments were read, whereof two were for Sodomy with his Footman, and the third for a Rape committed upon his own Wife. Unto all which the Earl answered, not guilty; and being asked, how he would be tried, he answered by God and his Peers. Whereupon all the Peers put off their Hats, and the issue thereof was joyned.
The Lord High Steward addressed his Speech to the Peers, and said, My Lords, the Prisoner stands indicted for a Rape by one Indictment, and for Sodomy by two, and he hath pleaded not guilty to them all.
'It is my duty to charge you with the Trial of it, and you are to judge of it. The Offences wherewith he standeth charged are to be proved by Evidence. And because the Crimes that come this day before us, may in some breed Detestation, let your Reason sway your Judgments, and let that rule your Affections, and your Hearts and your Heads; for neither of those ought to be put into the Ballance, if a Grain on either side may sway the Scale.
'You are to give attentive Hearing, and then to weigh equally, that the Scale may lean the right way. The Judges will assist you in point of Law, which if you doubt of, you are to propound it to me, and I to them, and this your Lordships are to do without corporal Oath; For the Law conceiveth you of such Integrity, that you will do that for Justice, which others do upon their Oaths, and therefore admit of no Challenge. And God direct you to do as you ought.
'The Person is Honorable, the Crimes dishonorable, so foul as Poet never invented, nor Historiographer wrote of: the one is a Crime of such rarity (let it be spoken to the Honour of our Nation) that we seldom or never knew the like; and the other such, the like hath scarce been heard of.
'But they are of such a pestilential nature, that if they be not punished, they will draw Vengeance from Heaven upon this Kingdom. His Majesty would have the Prisoner at the Bar heard with as much favour, as Crimes of this nature will admit. And when he first heard thereof, he gave strict Command that the Truth should be searched out, that his Throne and People might be cleared from so heavy and heinous Sins. Thereupon the Prisoner was indicted in his own Country according to the Law, and by Gentlemen of worth, the Bill was found; and now he is personally brought to this Bar, to be tried by his Honourable Peers, of whose Wisdom and Sincerity, there can be no question but he shall have a just and honorable Hearing.
'To begin with the Indictment of Rape; Bracton tells us of King Athelstan's Law before the Conquest, If the party were of no chaste life, but a Whore, yet there may be a Ravishment: But it is a good Plea for a Man to say she is his Concubine.
'In an Indictment of Rape there is no time of Prosecution necessary: for nullum tempus occurit Regi, but in case of an Appeal of Rape, if a Woman do not prosecute in convenient time it will bar her. If a Man take away a Maid by force and Ravish her, and afterwards she give her consent to Marry him, yet it is a Rape.
'For the Crime of Sodomy, Our Law had no knowledge of it, till the 15th of Henry the 8th, by which Statute it was made Felony, and herein there is no more question but only this, whether it be Crimen Sodomiticum sine Penetrations. And the Law 15th Elizabeth sets it down in general; and where the Law doth not distinguish, neither must we.
'Your Lordships will be curious how you give the least mitigation to so abominable Sin, which brought such Plagues after it, as may be seen in the 19th of Genesis, 19th of Judges, and 1st of the Romans.
'It may seem strange how a Nobleman of his birth and quality, should fall into such abominable Sins; but he had given himself over to Lust. And when Men once habituate themselves unto evil, no marvel if they fall into any Sin.
'Also he was constant in no Religion, but in the morning would be a Papist and go to Mass; and in the afternoon a Protestant and hear a Sermon. He believed not in God, he feared not God, he left God, and God left him to his own wicked way, and then what might not he run into.
'Things are found in him beyond imagination, his intentions were bent to have his own Wife naught; if she love him she must love A. his Page, and he gives this reason out of Scripture, she was now made subject to him; and if she did evil at his command, 'twas his fault, he must answer for it.
'His irregular bounty towards S. is very remarkable; him he loves and honours above all, not in any honest but a dishonest love, he calls him his Favourite, and lets him spend several thousand pounds a year; and if his Wife or Daughter will have any thing, they must lie with S. and have it from him, saying, that he had rather have a Child by him than any other.
The Witnesses were produced, who testified upon Oath, that A. coming to his bedside, when he was in Bed with his Lady, the Earl told her that her Body was now his, and if she loved him she must love A. and if she lay with another Man with his consent, it was not her fault but his, and that if it were his will she must obey and do it. And then he held both the hands of his Lady and one of her legs till his Servant did lie with her. Immediately thereupon the Lady would have killed her self with a Knife, but was prevented. It was proved that he used the body of one of his Men Servants as the body of a Woman. Also there were proved against him, such other particulars as are not fit to be named, nor come to the knowledge of the World, nor to be heard among Christians.
Afterwards the Counsel for the King spake to the Lord High-Steward and the Peers to this effect, 'That in so dark a business, a clearer 'proof could not be had. For let a Man be never so wicked, or never so impudent, he will not call Witnesses to see his wickedness, yet even this point is fully proved. And citing the 18th of Levit. they shewed that by these Abominations the Land is defiled, and that God will visit the Land for this Iniquity, and so concluded, That God may take away his Plagues, let this wicked Man be taken away from among us.
'The Prifoner alledging that he was a weak Man, of a bad memory, and desired he might not be interrupted, began his Defence, with Exceptions against his Wife, That he was by her own Testimony dishonest with Broadway. The Lord High-Steward answered, that this made against him, he ought not to alledge that fact as an Imputation to his Wife, which he forced by violence.
'Then he objected the incompetency of the Witnesses, his Wife and his Servants, that were drawn by his Son's practice, who fought his life; and he desired to know if there were not a Statute that expressed the incompetency of Witnesses.
'The Judges resolved that there was none touching Witnesses; but in cases of High Treason there was a Statute concerning Accusers. Then he demanded if his Wife was to be admitted a Witness against him. The Judges answered, that in Civil Cafes the Wife may not, but in Criminal or Capital Cafes of this nature, where the Wife is the party grieved, and on whom the Crime is committed, the isadmitted against her Husband. It was further propounded, whether it being proved that the party Ravished was of evil fame, or unchast life, it will amount to a Rape ? The Judges resolved it a Rape, though committed on a common Strumpet. For it is an inforcing of the Will that makes a Rape, and a common Whore may be Ravished against her will, and it is Felony to do it.
'It was also propounded whether it was to be judged a Rape, when the Woman complained not presently; and whether there be a necessity of accusation within a convenient time, or twenty four hours? The Judges resolved, that in as much as the was forced against her will, and then shewed her dislike, she was not limited to any time for her complaint; that in an Indictment there is no limitation of time, but in an Appeal there is.
'The Lord High Steward speaking to the Prisoner said; My Lord, you have been graciously dealt with in this Proceeding; for it is not an usual favour in so capital and heinous Causes to bring the Parties and Witnesses face to face before Trial; but you have heard their Examinations long before, questioned and opposed them to their Faces, and are thereby better enabled to make your Defence. And his Majesty is still graciously pleased to continue his Goodness towards you, and hath commanded that you should be heard at full. If therefore you have any thing else to say for your self, speak it.
'And he willed the Lords to consider, that it might be their own Cases, or the Case of any Gentleman, or Man of worth, that kept a Footman, or whose Wife was weary of him, or whose Son being attained to Age, had a mind to draw his Servants into a Conspiracy.
'That his Son was now 21 years of Age, himself being old and decayed, that his Son would have his Lands, and his Wife a young Husband. And that by their Testimony, and the Testimony of his Servants added to theirs, they had conspired his Death.
The Peers withdrew, and after an hour's debate, with several Advices and Conferences with the Lord Chief Justice, whom they consulted four times; having also in that time sent the Earl of Warwick, and the Lord of Dorchester, together with the Lord Chief Justice, to consult with the Lord High Steward, they returned to their places.
Then the Lord Steward asked them one by one, beginning at the lowest, and so ascending, Whether the Lord Audley were guilty of the Rape whereof he stood indicted? and they all gave him in Guilty, the Lord North only excepted. Then whether he were guilty of the Sodomy ? and in this fifteen of the Lords condemned him, and the other eleven freed him.
'Forasmuch as thou Mervin Lord Audley hast bin indicted for divers Felonies, by three several Indictments, one for a Rape, the other two for Sodomy, and hast pleaded Not Guilty to them all, and for thy Trial hast put thy self on God and thy Peers; which Trial thou hast had, and they have found thee guilty, What canst thou say for thy self why the Sentence of Death should not be pronounced against thee?
Thy Sentence is, 'That thou go from hence to the Prison from whence thou camest, and from thence to the place of Execution, there to be hang'd by the Neck until thou be dead; and the Lord have Mercy on thy Soul.
And having thus pronounced the Sentence, he continued his Speech, and said; 'O! think upon your Offences, which are so heinous and horrible, that a Christian Man ought scarce to name them, and such as the depraved nature of Man, which of it self carries him to all sin, condemns as unnatural. You have offended, not only against Nature, but beyond the rage of a Man's jealousie; and though you do not suffer for abusing your own Daughter, and that having Honour and Fortune to leave behind you, you would have had the spurious Seed of a Varlet to inherit both, yet these are horrid Crimes But, my Lord, it grieves me to see you stand out against the Truth so apparent. God might have taken you away when you were blinded in your sins, therefore I hope he hath reserved you as the Subject of his Mercy. He sends you to see this day of shame, that you might return unto him; and seeing he doth thus lovingly draw you to his Service, spend the remainder of your time in tears and repentance; and this day's work, I hope, will be the correction of many Crimes and Corruptions.
At last the Lord Audley descended to a low Petition to the Lords, and very humbly besought them to mediate to his Majesty, 'that he might not die, but be banished; at least, that his Majesty would not suddenly cut him off, but give him time of Repentance.
In Trinity Term in the Month of June, Giles Broadway, and Florence Fitz-Patrick were tried in the King's Bench. Broadway was he that Ravished the Lady Audley, while her Husband held her by force. Fitz-Patrick was he that committed the Sin of Buggerie with him, her said Husband; and both their Depositions were taken as Evidence against them. They were found guilty the 28th of June, in Termini fine, and the Judges of that Court presently sent these Letters under-written to the Lord Keeper to prepare him for the King.
May it please your Lordship to be informed, That this day Giles Broadway and Florence Fitz-Patrick were tried before us in the King's Bench, for the several Offences of Rape and Buggery, of which they were Indicted, and they have received Judgment of Death. But we forbear the Awarding Execution, upon a Message from your Lordship by Sir Thomas Fanshaw, of his Majesty's Pleasure for the stay of Execution, until further direction from his Majesty: But conceiving there is great cause to put the Malefactors to Execution, We thought it our duty to acquaint your Lordship with the Passages of the Trial, that his Majesty, by your Lordship's means, being made acquainted herewith, may signify his farther Pleasure.
Broadway, who was Arraigned for the Rape, very impudently denied his own Confession, taken before the Lords and Peers at the Trial of the Lord Audley: He pretended he was amaz'd, and knew not what he subscribed, and professed himself Guilt less, with great Execrations, to the little satisfaction of those that heard him. He would not be satisfied, unless the Lady were produced face to face, which she was; who by her Oath, viva voce, satisfied all the Hearers, both concerning the truth of the Fact, and his Impudence.
Fitz-Patrick, who was Arraigned for the Buggery, confessed his Examination to be true; but like one very ignorant, or rather senceless, would have them true against the Lady Audley, but not against himself, which was impossible. He pretended he was promised security from danger, if he would testify against the Lord Audley, and so sought to raise a suspicion, as if he had bin wrought on to be a Witness to bring the Lord Audley to his end. They were both found Guilty, with full satisfaction to all that were present. And we for our parts thought it to stand with the honour of Common Justice, that seeing their Testimony had bin taken to bring a Peer of the Realm to his Death, for an Offence as much theirs as his, that they should as well suffer for it as he did, left any jealousie should arise of the truth of the Fact, and the justness of the Proceeding. But upon receipt of your Lordship's Message, we have stayed Execution till his Majesty's further Pleasure shall be known: To which we shall humbly submit our selves, and rest,
The King being by this means truly informed, signified his Pleasure, That they should be executed, but have a weeks time for Repentance. So the Judges appointed Monday, being the 4th of July, for the day of their Execution, when they were executed accordingly.
A New Order for raising of Money to the King's Use.
At this time an Office was erected for the Sealing of Playing-Cards. Mr. William Watkins was put into that Employment, and Henry Cogan made Farmer of his Majesty's Duties accruing thereupon. On June 7, the Master and Wardens of the Company of Card-makers making some opposition to it, were sent for, and required to bring with them, as well the Charter and Ordinances of their Corporation, as the Seal by them taken lately from the said Watkins, and to attend the Board with the same; besides it was ordered, that Fryer and Williams, two of the said Cardmakers, should continue still in the custody of the Serjeant till further Order, and till afterwards that this Business was fully heard and setled for the Patentees, so that no Cards should be sold till they were sealed.
But afterwards a Contract was made between the King on the one part, and the Master, Wardens, and Commonalty of the Mystery and Makers of Playing-Cards of the City of London, on the other part; wherein they did covenant,
'That they shall and will readily, and every Week in and throughout the whole Year, well, and Workman-like, make so many several Gross of good and Merchantable Playing-Cards, as in a Schedule thereunto annexed. And that they shall and will, from time to time, for ever hereafter, bring in, and deliver unto such Person and Persons as the King shall assign or appoint to receive the same, the said several respective quantities and proportions of Cards in the Schedule annexed.
'In consideration of the Premises, the King doth covenant with the said Corporation, that he shall and will answer, and pay unto the said Corporation for every Gross of the finest sort of Cards, accounting twelve dozen Pair to the Gross, 18 s. And for every Gross of Matris Cards, accounting eighteen dozen Pair to the Gross, and delivered in by them weekly as aforesaid, the like sum of 28 s. and so rateably and proportionably the Payments to be weekly made by the Officers or Agents of his Majesty and Successors for the time being; and they are to pay 3 s. 6 d. to his Majesty, to the Officer or Sealer of the said Cards.
A new Court for them which were not of the King's Houshold.
It pleased the King's Majesty to write unto the Judges of the King's Bench, Letters in some manner expostulatory, as if they took exceptions at the erection of the New Court of the Marshal of the Houshold, to hold Plea de non existentibus de hospitio Regis; which Court was first erected by the Grant of King James, 15 Feb. 22 Jac. and again renewed with more perfection, as was conceived, in November, 6 Caroli. And a Writ of Error being brought into the King's Bench, upon a Judgment given in this Court, the Knight-Marshal fearing this new Grant would not be held good in Law, caused the King to write to the said Judges as aforesaid.
To which Letter, an Answer was sent to the King, penned by (fn. 3) me per Mandatum Curiae.
We make bold to inform your Majesty, (in answer to your gracious Letter unto us of the 24th of June last ) that about two years since, we were consulted with by your Attorney General, about the validity of Letters Patents of the 22 Year of your late dear Father, for the Erection of a new Court within the Verge, for those not of the Houshold; and the said Letters Patents were once read over before us, being assembled privately about that business, and Copies were appointed to be brought unto us, to take the better consideration thereof; but no Copies were delivered unto us, neither did we ever hear any more of the Business.
We find it also to be true, that some against whom Judgments had his given in the said Court, did bring them before us by Writ of Error, but did not proceed so far as to Argument or Judgment. And according to the New Patent sithence granted, we knew not of it until after it was passed, nor were ever acquainted with the penning or passing thereof.
We understand also that a Writ of Error is brought before us by Fisher against Wagstaff, upon a Judgment given in the last erected Court, which Cause hath proceeded no further than to the reading of the Record. And the Error assigned is only this, That neither of the Parties were of your Majesty's Houshold. But the day to hear Counsel not being yet come, we cannot understand till we hear them upon what points they will stand.
And your Majesty may be pleased to be informed, that the Cause cometh before us by an Ordinary Court of Proceeding, which we cannot stop, neither did we know of the Cause, nor take notice of it, until the Record was read in Court. But when it shall be spoken unto, and we know what the Question will be, we will be exceeding careful and circumspect, according to our Oaths, that your Majesty shall not suffer any prejudice, or diminution in your Power Royal and Prerogative; neither do we make doubt but that your Majesty hath as full and as great Power, and high Prerogative, as any of your Noble Progenitors ever had, and we will ever maintain it to be so.
And whereas your Majesty's Pleasure is to be informed by us of the Deficits in the said last Patent, We have not yet heard the Counsel open them, what they are that they mean to stand upon. Howsoever if it be Your Majesties Pleasure that we should by way of Consultation take that Point into our consideration, We humbly desire Your Majesty, That for as much as it is a matter of so great Importance, that Your Majesty will be pleased for Your better satisfaction, to give Order that herein we may have the Assistance of Your Judges of the Common-Pleas, and Barons of Your Exchequer. And we shall all endeavour to do Your Majesty true and faithful Service herein. And so we recommend your Majesty by our Prayers to the Protection of the Almighty, and rest,
In the middle of July the Marquess of Hamilton having taken his leave of the King, met with the Forces out of Scotland which were to join with him in Yarmouth Road, their appointed place of meeting, thence he set Sail the 19th of July, the Fleet consisting of about forty Sail; The 25th they came to Elsenore Castle in the Sound of Denmark. The Marquess went on Shore to kiss the King of Denmark's hand, who lay at Frederick-stadt. The 29th they set Sail again, coming to an Anchor the next day by the Isle of Rugen. The 31st they Sailed into the Mouth of the Oder, betwixt Wolgast and the Isle of Cusdom.
Hereabout they stayed for the coming of 6000 Swedes Horse and Foot, which that King had promised should join with the Marquess's Army at their landing, to bring them through the Enemies Quarters to the King. But the Marquess being disappointed of the promised Forces to join with him, could not march up to the King, whereby he lost the Honour of being engaged in the Battel of Lipsick, which happened about a month after his landing on Wolgast side, to the great regret of himself and his Army.
On the 27th of July by order of the Privy-Council, came forth in print a Book, entituled, Instructions for Musters and Arms, and the use thereof; which in regard of the length thereof, and the Divisions and Fractions therein, as to the manner of Mustering, and handling of Arms, it is not mentioned in the body of the History, lest it should prove too tedious to the Reader, but it is put into the Appendix.
Whereas his Majesty is informed that the entertainments of the Muster-Masters within the several Counties of this Kingdom altho' no more than was heretofore allowed and usually collected, are denied to be paid by sundry refractory Persons, who receive some encouragement to oppose so necessary a service for the common defence of his Royal Person and Dominions, by reason that the Lords Lieutenants and their Deputies make difficulty (or at least dainty) in setting their Hands to the said Assessments justly and equally set, as usually hath been accustomed, as well in the Reign of Queen Elizabeth, as of King James of blessed memory. Now for as much as exercising of the Trained Bands is by this means discontinued, with imminent danger to the State in general, which his Majesty in his Royal Office ought not to suffer: His Majesty hath therefore commanded us to signifie unto your Lordships, that it is his express pleasure, that you cause the said Muster-Masters entertainment to be rated according to the accustomed manner, by Assessment under your own Hands, and your Deputies; and if any Person or Persons of whatsoever quality, shall make refusal to pay the Rates so assessed on them, that then you take present order they be bound over, without any favour or forbearance, to answer their contempt before us. Now as his Majesty is thus graciously careful that the Muster-Master shall receive the Allowance due unto him for the exercising of that Service; so it is also his Majesties pleasure that your Lordships take especial care to see him diligently perform his Duty according to the importance of the said Service, &c.
Likewise the Lords of the Council thought fit upon Reasons of State to order the Trained-Bands of several Counties to march to the Sea-Coasts for the defence of the Kingdom; and several Persons refusing to pay the Muster-Masters of the Trained-Bands, were sent for up by Messengers to the Council Table, where among others appeared Edward Bulstrod of Chilton in the County of Bucks Gentleman; but was discharged from any further attendance on their Lordships, upon giving his promise under his hand in writing to conform himself hereafter in paying the Muster-Master of that County his due, according to the Assessment of the Deputy-Lieutenant.
The like of Henry Cavon of Crendon in the same County, who was discharged of his attendance in promising to pay the Muster-Master his due in like manner as Edward Bulstrod did. The like for Richard Pauly and others.
A Memorial made by Mr. Justice Whitlock in his life-time concerning the Lord Rea's discovery of the Marquess of Hamilton's Conspiracy.
Presently after my return from this Circuit, my self and the rest of 'the Judges of the King's-Bench, were sent for by the Lord-Keeper to London, to advise with him about the Affairs of his Majesty. We came thither on Monday 22 Aug. except the Chief-Justice, who was sick. The matter consulted of, was to give our Opinion concerning the Conference had in Germany between certain Scotish Gentlemen, about the making the Marquess of Hamilton the Head of a Party against the King and his Kingdoms of England and Scotland.
'The Lord Rea a Scotish Baron, did Impeach Ramsey and Meldrum for moving him to this Conspiracy: They denied it punctually, and no Witness could be produced. Ramsey, a Soldier, offered to clear himself by Combat, that he was Innocent; and the Appellant accepted of his Offer. The King was desirous it should be put upon a Duel; and we were consulted with, 1st what the Offence was? 2dly where the Trial might be?
'We all with the Lord Keeper were of the Opinion, 1st, That it was an high and horrible Treason, if that in the Examinations were found true. 2dly, That the Trial might be by an Appeal of Treason, upon which the Combat might be joined: But the King must make a Constable, durante beneplacito, for the Marshal could not take the Appeal without him: That it must be after the manner of the Civil Law, and we were not to meddle in it. Likewise we were of Opinion that this Proceeding before the Constable and Marshal was, as it was before the Statute of the 35th H. 8. cap. 2. and that Statute devised a way how to try these Foreign Treasons in England, but did not take away the other. We were also of Opinion that the Stat. of 1st Mar. Cap. 10. did not take it away nor intend it; and that a Conviction in this Appeal was no corruption of Blood or forfeiture at the Common-Law. See Doughtie's Case in Coke's Commentaries, fol. 75. Sect. Escuage.
In the Month of September this Year Sir Henry Vane Knight, Comptroller of his Majesties Houshold, and one of his Privy-Council, Embassador Extraordinary to the Kings of Denmark and Sweden, and to other Princes and States of Germany, took his leave of his Majesty and embarqued with all his Train in order to his said Voyage, and arrived at Gluckstadt scituate upon the Elb, in October following, by whom his Majesty wrote this Letter to the Marquess.
According to my Promise I have dispatched Henry Vane, whom I have commanded to impart unto you both his publick and private Instructions, so that it will be a good excuse for my Lasiness in writing short unto you, and a Testimony to you that your absence neither makes me alter nor forget you; for you may be assured that my trust of you is so well grounded, that it lies not in the power of any body to alter me from being,
The Ambassador was no sooner gone on his Voyage to the King of Sweden, but before his arrival in Germany, that King gave the King of Great Britain an account of the Victory obtained over Tilly at the Battel at Lipsick. The Letter followeth.
Gustavus Adolphus,&c. Since we are satisfied of the constant Propensity your Serene Majesty hath for us and the publick Good, and that which happened to us succesfully, and for the good of endangered Christianity, that your Serene Majesty did also bear apart therein, we would not omit the certifying your Majesty of the memorable Victory, which Divine Goodness afforded us. After the Elector of Saxony had join'd his Forces with ours, we marched against the Enemy with both Armies, and the Enemies Army under General Tilly opposed us Septemb., 7. having drawn out all his Forces a mile from the Fortress at Lipsick. The Battel being begun, the business was briskly managed on both sides for the space of a hours and upward, till at last, by the singular blessing of God, the Enemies Army, by the indefatigable valour of our Men, was put to flight, and dissipated, we pursuing them to the very Wells of the city. The Enemy lest us their Cannon and Baggage. The General retired into the Bishoprick of Halberstadt, having received a Wound, they whom we pursued being left to our Souldiery and Mercy. Many of the Enemy by dead in the Field where the Battle was fought, and among them the Serjeant Major General, and other Commanders in the Army. Among some thousands of Prisoners, the Duke of Holstein was one, and some others of the most eminent quality. The praise of which Successes is due to Almighty God, and ought deservedly to be attributed to his Goodness, and we hope, not only the so much desir'd wishes of so many thousand People of restoring Religion and Liberty, but also the facility of setting up the afflicted Cause of the King of Bohemia, shall now manifestly appear. We do not therefore distrust but that your Serene Majesty will prosecute this Victory, not only with Joy and Affection, but also make use of so fair an opportunity, and that it will be your Royal Care to judge of all things hence forward to be conferr'd upon, and to consult of those things which relate to Christianity and their safety by your Heroick Counsels. We will not any farther trouble you, but commend your Serene Majesty to the Divine Protection for the happy increase of a*** things. Dated at Hall of the Saxons, the 13th of September 1631.
A Relation of the Battel by Lipsick, written by Gustavus Horn, the Lord Marshal General to his Majesty the King of Sweden.
As soon as the King of Sweden had resolved to give assistance to the Duke of Saxony, whose Country the Enemy had already invaded, upon the 3d of September, he passed his Army over the Bridge at Wittenburgh, and joined himself with the Armies of the Dukes of Saxony and Brandenburg, at Tuben, the 5th ditto, where first they deliberated and consulted in what manner they might best encounter the Enemy, and whether it were wisdom to bring it to a Battel presently or by delay of time to break and weaken the Power of the Enemy. His Majesty was of opinion not to set all upon Fortune, much less to put their whole State in danger by the event of an uncertain Battel; yet, for all that, the Duke of Saxony insisted still for a Battel, saying. That there was no other means to drive the Enemy out of his Country, much less was it possible that both these Armies could be furnished of all necessaries, especially because the Enemy had incorporated the best part of the Country. And therefore he thought fit in wisdom to approach towards the Enemy towards Lipsick, and to encounter him with all their Might. Whereupon the King, with the foresaid Duke, upon the 6th of September, marched with their Armies within two miles of Lipsick; which Town Tilly by Composition had taken in, as also the Castle; both which, by reason of bloody threatning, submitted themselves to Tilly: Whereupon we followed the 7th ditto, and met the Enemy a mile from Lipsick. Notwithstanding the Enemy had both the Wind and higher Ground of us for his advantage, yet for all that we skirmished very lustily with each other in good order, both with Ours, as also with the Saxon's Army. The King's Army upon the right hand, and the Saxon's Army imploied upon the left hand. The King's Army was divided into the Avant-guard of the right Wing, which the King himself commanded, and there stood also the most and best Armed Horsemen, interlaced with certain Musquetiers, in the Rere-guard of the said Wing, commanded by General Bannier. In the Vaunt-guard of the Battel, stood four Squadrons of Pikes and Musquetiers, who were commanded by these Chiefs, Monsieur Duivell, Acko, Oxenstern, Erentruiter, Hardt, and Winckle. In the Rere-guard of these Battails there stood three other Squadrons, the Count of Thurn, Hebron, and Vitsdum; and after these, two Regiments of Horse upon the left Wing, by whom his Majesty appointed Gustavus Horn. The rest of the Horse were divided into the right Wing, the Vaunt-guard and the Rere-guard mingled with Musquetiers. In this order was the whole Army set, so that we got half-wind of the Enemy; yet they kept the advantage still of the higher Ground, where he had planted his Artillery. We marching thus in their sight, through a foul Passage, the Enemy did some harm with his great Pieces on our Troops, chiefly among those that were with Gustavus Horn upon his left hand. And hereupon with his left Wing (where the greatest strength of his Horse was) fell upon our left Wing. But whilst they were thus busied to gain Ground more and more of us, and to get the Wind, as they thought; the Horse and the Foot Regiments of the Duke of Holftein retreated from the Battalia; and the right Wing perceiving that the commanded Musquetiers of our right Wing were mingled among the Horse, and had hard Entertainment of the Enemy, they drew more to their left hand; and so the Enemy charged more upon the Reserve of our right Wing, than upon the Vaunt-Guard, which his Majesty caused very seasonably to be seconded with some Troops, in such manner, that the Enemies left Wing with little ado was broken and put to flight. The Enemies Battel, consisting of all his Foot, being divided into four great Spanish Battalions of sixteen Regiments, upon this marched from the Hill, together with their Horse: But in regard they were so annoyed with our Artillery which were placed upon our left Wing, they so turned their Order, that most of them fell upon the Duke of Saxon's Army to their disadvantage; but all their Horse fell upon our left Wing, who were soon dispersed and put to flight. And contrarily the Footmen of the Duke of Saxony almost fled the Field; yet whilst the Enemy pursued the Saxons, our left Wing charged into their Flank, and upon the two Troops of Reserves; and in this posture we fought long, and lost many of our Horse. Yet, finally, after Gustavus Horn had soundly charged the Enemies Battail with that Regiment of Gothland-Horse which his Majesty sent him for an assistance and succour, together with the commanded Musquetiers which had bin placed in the left Wing by the King, so that they began to grow very thin, and were diminished, their Battel presently broke, and they were all put to flight excepting four Regiments; who by reason of the Smoke and Dust, were so shadowed from our sight, that they saved themselves.
After this Defeat his Majesty marched to Hall, and took in the Town and Castle; then marched forward, and took in Posewald and Querfurt. The Duke of Saxony marched towards Bohemia. His Majesty took in Erfurt, Got a, Hamelburgh, Mulhousen, and Werburgh. The 20th of October his Majesty came to Franken, took Carelstadt, with the Bishopricks of Wittsburgh and Bamburgh. The Landtgrave of Hessen took Fulda, Vach, and Fritzlaer; He came into Westphalia, and took Paterborn, with some other Places; Rostock rendred upon Composition to the Duke of Mecklenburgh. The King's Forces took in Dunckenspil, Nortlingen, Rotenburgh. Magdenburgh was strongly besieged. His Majesty took in Hanaw, Franckford, and Hougst. The Saxons took in Glockow, and defeated the Emperor's Men by Crossen. The Count of Thurn took in Prague. The King's Men beat the Emperor's Men by Warheim; defeated also the Souldiers of the League by Swynfurt, and also by Elleboghen. His Majesty passed the River of Rhine, and took in Mentz, Worms, Oppenheim, and almost all the Towns of the Lower Palatinate.
Mr. Thomas Ford of Magdalen-Halls, Mr. Giles Thorne of Balial College, and Mr. Giles Hodges of Exeter College, in their Sermons at St. Maries, used Expressions against the Arminians, under the Title of Pelagians, and Demi-Pelagians, for which they were Convented before the Vice-Chancellor, Dr. Smith, and others, as Offenders against the King's Instructions. They appealed from the Vice-Chancellor to the Proctors, who received their Appeals. Hereupon the Bishop of London complains to the King of this Matter; and the King appointed to hear the Business at Woodstock, on the 23d day of August. Concerning which Persons and Proceedings before the King, the Bishop of London makes this Memoir, viz.
In June and July were the great Disorders in Oxford, by appealing from Dr. Smith, then Vice-Chancellor. The chief Ringleiters were the said Mr. Ford and Mr. Thorn. And the Proctors, Mr. Bruch and Mr. Doughty received their Appeals, as if it had not bin perturbatio Pacis. The Vice-Chancellor was forced in a statutable way, to appeal to the King, who with all the Lords of his Council then present, heard the Cause at Woodstock, August 23, 1631. being Tuesday in the Afternoon.
The Sentence upon the hearing was; That Ford, Thorn, and Hodges, should be banished the University; and both the Proctors were commanded to come into the Convocation-House, and there resign their Office, that two others might be named out of the same Colleges. Dr. Prideaux, Rector of Exeter College, and Dr. Wilkinson, Principal of Magdalen Hall, received a sharp Admonition for their misbehaviour in this Business.
- 1. Mr. Hodges was ordered to make a publick Recantation-Sermon in St. Maries Church in Oxford, before the University, confessing his great Offences in Preaching contrary to his Majesties Declaration.
- 2. That he should make a Submission and Recantation, penned to his hand in the Convocation-House, before the whole Assembly of the Doctors, Proctors, Regent and Non-Regent Masters, on his bended Knees.
In which Recantation he did acknowledge, 'That he fell upon the delivery of those Points, which by his Majesty's Royal Injunction were forbidden him to meddle with at all; and particularly did acknowledge that he let fall some passages, which might be taken to the disparagement of the Government of the Church, in making erroneous and Heretical Opinions the way to preferment; craving the Pardon of the University in the general, and more especially of the most Honourable Chancellor of that University.
Mr. Ford refused to make any Address to be restored to the University: and it being intended by some to chuse him a Lecturer in the Town of Plimouth, they were required not to chuse him upon pain of his Majesties displeasure.
At this time it was a great Eye-sore, that the Goldsmiths-Row in Cheapside, which hath ever been a great Ornament to the City, should grow to be intermixed in a broken fashion with Shops of meaner Trades, which did disparage the City: whereupon the King declar'd his pleasure, that that Deformity should be taken away, and it being debated at the Council-Table, the Recorder and some Aldermen present, it was refer'd to the two Lord Chief Justices, and other Judges, to consider what Laws or Statutes there are to enforce Goldsmiths to plant themselves for the use of their Trade in Cheapside and Lombardstreet: but after several Debates before the King and Council, it was ordered, that the Company of Goldsmiths should take order that within a short time limited, Goldsmiths-Row in Cheapside and Lombard-street should be supplied with Goldsmiths; and that those who keep Shops scatteringly in other parts of the City, should have Shops procur'd for them in Cheapside, or Lombard-street, upon penalty, that those of the Assistants and Livery, that did not take care herein, should lose their places. And it was further ordered, for the time to come, that all such who should serve their Apprenticeships to Goldsmiths, and thereupon were made Free, should enter into Bond, not to keep a Goldsmith's Shop in any other part of the City, than in Cheapside or Lombard-street, and that the Lord Mayor should take care, that Shops be provided for them at moderate and indifferent rates.
'That Sir Nicholas Hide, Knight, Chief Justice of the King's Bench, died at his House in Hampshire, since the last Trinity Term, to wit, upon Friday the 26th of August, 1631. How he was made Chief-Justice, and when, vide lib. A.f. 119. Hill. 2. Jac. He lived in the place with great Integrity and Uprightness, and with great Wisdom and Temper, considering the ticklishness of the times. He would never undertake to the King, nor adventure to give him a resolute Answer in any weighty Business, when the Question was of the Law, but he would pray that he might Confer with his Brethren. And the King ever gave way to it. He died of a hot Fever, but made incurable by reason that an Impostume brake in his Head in the time of his sickness. He was a spare lean Man of Body, and of an excellent temperate Diet, and promised long life by his Temperateness, to those that conversed with him; he was 59 Years of Age in May last.
In order to a Commission under the Great Seal, dated the 24th of November, there began a notable Trial, before Robert Earl of Lindsey, Constable of England; and Thomas Earl of Arundel and Surry, Earl Marshal of England, in the Court of Chivalry, judicially fitting in the Painted-Chamber at Westminster; together with other Honourable Persons, namely Philip Earl of Pembrook and Montgomery, Lord Chamberlain of the King's Houshold; Edward Earl of Dorset, Lord Chamberlain of the Queen's Houshold; James Earl of Carlisle; Edmund Earl of Mulgrave; William Earl of Morton; William Earl of Stratherne; Edward Vicount Wimbleton; Thomas Vicount Wentworth; Henry Vicount Faulkland; and Sir Henry Martin, Judge of the High Court of Admiralty, all of Counsel with the Court; Gilbert Dethick being Register. And first William Seager, King of Arms, presented to the Lord Constable of England Letters Patents of the tenor following.
Carolus Dei Gratia Angliæ, Scotiæ, Franciæ, & Hiberniae, Rer, Fiver Defensor, &c. mediledo & per-quam fideli Consanguined & Consiliario nostro Roberto Comit. Lindsey summo Came rario Angliæ salutem. Cum officium Constabular. Angliæ vacans Eristat, ac Donaldus Mackay Dominus Rea Duncupatus in Regna nostro Scotiæ Drundus, quendam Davidem Ramsey Armiger, In eodem Regno nostra ortum, de quibusdam Contempts & productionibus contra nos in partibus transmartinis adis & perpetratis, in Curia Dilitari appellare intendit, Et nobis Supplicavit fibi justitiam, super Appellatione prediss erhiberi. Nos in hac parte fieri volentes, quod justum est ac de fidelitate & provide circumspedione vestra plenius considentes vobis concessimus Officium Constabular. Angliæ (hac vice) ad Appellationem predidam Donaldi in hac parte una cum prediledo & per quam fideli Consanguined ac Consiliario nostro Thoma Comite Arundel & Surr. Dareschal. nostro Angliæ audiend, & fine debito terminand. Et omnia que ad Officium Constrabular. pertinent in Causa & Negotia predidis; faciend, & Erercend, secundum LKegem & Consuetudinem, Armorum & Curie Dilitaris Angliæ vobis, ut previdum est, Authoritatem damus & comitimus, tenore presentium: Et ideo vobis Dandamus, quod circa premissa una cum prefato Marescallo intendentes sitis, informa predidd: damus autem Ducibus, Darchionibus, Comitibus, Vicecomitibus, Baronibus, Justiciariis, Ballibus, mprepositis & Dinistris, & Aus sidelibus nostris universis & singulis, tam infra livertates, quam evtra, tenore presentium in Dandatis quod novis in premisses faciend, & evplend, intendentes fint, & Consulentes, Respondentes, & Auviliantes, quoties & prout per vos fuerint super hoc premonti er parte nostra. In cujus vei Testimonium has Literas nostras fiert fecimus Patentes. Teste me ipso apud Westm. vicesimo quarto die Novemb. Anno Regni nostri septimo. Per ipsum Regem.
Which Letters Patents being read by the Register of the Court, Donold Lord Rea, the Plantiff; and David Ramsey, Gentleman of the King's Privy-Chamber, Defendent, made their personal appearance. Then the Lord Marshal spake in defence of the Court of Chivalry, and the manner of proceeding therein, according to the Law and Custom of Arms, shewing;
'That it was legal and agreeable to Right and Justice, as any Judicial Process in any other Court of this Realm; especially when the nature of the Cause required it. And that in these latter Ages this kind of Trial hath not bin frequently used, but that was to be attributed to the pious and peaceable Government of the State, under our most happy and prudent King, and his most Illustrious Predecessors, the Kings and Queens of England, and the Obedience and Fidelity of the People of England; both which are to be ascribed to the favour of Almighty God, conferring this blessing upon our Nation above all the Nations round about us.
The Lord Marshal further shewed; 'That it was an Error in many, to apprehend, that as soon as an Appeal is brought into this Court, it was presently to be decided by Duel; when as Dueling was the ultimate Trial in defect of all others. And even then it was in the Arbitriment of the Court, Whether a Duel shall be granted or denied?
The Earl Marshal's Speech being ended, Arthur Duke, Doctor of the Civil Law, made a Speech concerning the Antiquity, Jurisdiction, and Necessity of the Court of Chivalry, held by the Lord High Constable, with the Earl Marshal, especially in Cases of Treason, where the Truth can no otherwise be discovered.
Most humbly Sheweth,
'That whereas he having heard sundry Speeches fall from Mr. David Ramsey, importing Plots and Practices against Your Royal Crown and Realms, did, according to his Duty and Allegiance, reveal the same to Your Majesty; the Truth whereof he is ready to maintain with the hazard of his Life, and dearest Blood, if he be thereunto required. Now so it is (may it please Your Sacred Majesty) that Your Petitioner (being informed by his Counsel) That these Trials, by Duel, or single Combat, are ultimum Remedium; And that a Man may not appeal to this kind of Divine Judgment, but where all possibility of discovery by ordinary Trials fail, and cannot be had. And whereas Your Suppliant, at such time as he disclosed all the Practices which he heard from the said Ramsey, and did withal discover what he heard likewise from Robert Meldrum; against whom also one Captain James Borthwick hath been examined, and the Examination of Meldrum taken thereupon. And your Suppliant conceiving that if Meldrum be guilty, the said Mr. Ramsey cannot be innocent, your Suppliant therefore, not out any inclination to decline the Combat (as God who knoweth his Heart can witness with him) but only out of his sincere desire to have the truth discovered, in a Case so highly concerning your Majesty's Safety, Honour and Government, most humbly prayeth, that you would be graciously pleased, that Meldrum may be first proceeded against according to Law, and if upon his Tryal, the Conspiracy affirmed by your Petitioner do not fully appear, he shall then with all alacrity (as in a Case which otherwise cannot be cleared) justifie his Assertions to be most true; either as a Defendant against the said Ramsey, (who demanded the Combat of him before your Majesty) or as a Challenger if the Court of Chivalry shall so award, and shall be bound in all Duty ever to pray for your Majesty's long life and happy Reign.
The Petition being read, the Lord Constable, with the Counsel of the other Nobles, declared his Majesty's pleasure, that this Cause should be tried in this Court, and gave the Appeal to be read as fol'loweth :
'In the name of God, Amett. Before you, most Illustrious and Right Honorable Lords, Robert Earl of Lindsey, Constable of England, and Thomas Earl of Arundel and Surry, Marshal of England, or your Lieutenants in this Court-Marshal: I Donald Lord Rea do accuse and Challenge thee David Ramsey in the month of May or of June in the Year of our Lord 1630, and in the sixth Year of the Reign of our Lord Charles, by the Grace of God King of England, Scotland, France, and Ireland, being then alone in my Ship within or near the Port of Elsinore in the Kingdom of Swedeland, in the upper part or Deck of the said Ship, when thou hadst this discourse or the like, and spakest these or the like words to me in English, viz. You told me many abuses in the Court of England, and that there was nothing to be looked for but Desolation and change of Religion, and therefore you had retired your self thence, since no honest Man could live there, and with many such discourses you laboured to possess me: to which my Answer was, The Lord mend those evils, and no remedy but Patience. By God Donald, said you, (I will use your own Phrase) we must help God to amend it. You told me you had brought as much Gold with you as would maintain you at the rate of six pounds a day for three years, and you assured me before that time would expire, God would raise up some Men to defend his Church, and liberate honest Men from Slavery. I desired if you could tell if the Marquess of Hamilton would come over you said he would the morrow or next day. After I asked you what content my Lord Marquess had at home? you said, none. I asked you what Religion my Lord Maquess was? you said, a good Protestant, and before it be long he would let the world see his Design was for the defence of his Religion, and the Glory of God, and that he should have an Army so well provided with brave Men and all Warlike Provision, that he should not need to be afraid with whom he Encountered. I asked you what advantage was it to us to make a free passage for the Gospel in Germany, if we lost it at home? You said there were many honest Men in our Land, speaking of Scotland, adding if we had once an Army over, what would you think if we should take a start to settle them also, for ere it be long you will hear our Country will go together by th'Ears, so closing that night's discourse. He says at last, some such thing perhaps is intended, but I will not tell you more, for my Master's Secrets are dear to me. The third night after, in an Island, you told me that Alex. Hamilton and Sir James Hamilton, were to go for England, and you for Holland, and in the mean while pretended your self willing to do me Service in England. I told you I had a promise of the Reversion of Orkney from the King my Master; if the Marquess would mediate with his Majesty for it, he would do me a great kindness, and I said, It were good for my Lord to have a Friend in that place for his ends. You moreover asked me, if there were good Harbours in Orkney, or in my Land, or in any part that might be fortified? I said, Yes. You said, By God it was to be thought upon; and you desired leave to think upon it that night, and on the morrow You and Alexander Hamilton did desire me to write a general Letter to the Marquess, with trust to the Bearer, Alexander Hamilton, concerning Orkney, lest Letters should miscarry, with great Assurance of true Friendship from your Master, if I would continue constant in Resolution, and so I gave you my Letter.
'Afterwards in March last past, you came to me from the Hague in the Low-Countries to Amsterdam, where you stayed with me eight days, and delivered me a Letter from the Marquess, only of Compliment and Thanks, and you told me all went right with the Marquess, That he had gotten from his Majesty 10000l. in England, and the Wine Customs of Scotland for sixteen years, which the Marquess would sell, and all things went on without any demur or obstacle, and the only stay was for want of Arms, Ammunition, and especially Powder, and desired me to put in hard with the Swedish Embassador, which I did, and you told me that the Marquess had writ to you, that if the Arms and other Provisions were obtained, they should be sent to England, and not to Scotland; at which you did marvel, because his Lordship had changed his Resolution, being all the other Provisions were sent to Scotland. Also you told me, that my Lord had sent over a Man to receive them, as I desired. I told you the Letter which Mr. Lindsey brought me, desired the Arms to be sent to England. You said, though the Arms were had, yet you would not send them till you had further order from the Marquess, and you desired me to haste to you the Answer thereof. In the end you told me you had evil News to tell me, that the Marquess's Lady was brought to Bed of a Child.
'Some few days after, in March or April last past, at Delf in the Low-Countries, I told you that I had a Letter from the King of Sweden to the King of Britain, desiring some Ships for the Marquess. You said the Marquess and I must beware of that, for then they will think that we mean to take their Land from them with their own Ships. I asked you, where our Forces should meet? You answered me, on the Sea. I asked you, where we should land? You said in some part of your old Master the King of Denmark' s Country. You asked further, What think you if we should plunder some nook of his Land, and thereafter go where we please; for we think (fn. 4) he will be the only Man that will be most against us. I answered, I am content; for he rests in him more than you all. I asked if my Lord was to raise any Men in England ? You said, one Regiment. I asked you if they would be true to us? You said that there were English that my Lord was as much assured of as of any Scots. I asked, where we should make these meet? You said at Harwich or Yarmouth. I asked if they were fortified? You said, that no parts of all those Coasts in England or Scotland could hold us from landing. I told you that I feared Mr. Meldrum was an evil Secretary; you asked me wherein? I said, that Meldrum had told me many things, and that I thought he had told it to others: you said Mr. Meldrum knew nothing thereof when you came from England, tho' he might well suspect, and that he spake once to you to that time, as if all were ours, and that you had great patience to hold your hands off him although he was your Cousin. I told you that I was not a Souldier of Fortune; but had bread at home, and might live without hazarding my self in the Fortunes of War, yet notwithstanding that I would hazard my Life and Fortune with the Marquess, only that I would know the business. You answered, you would tell me no more of your Master's Secrets, but that you would write a Letter with me to the Marquess, and when I came there, the Marquess would infuse in me that which you would not; withal you desired me not to tell the Marquess what had passed betwixt you and me, whereby the Marquess should have all the thanks to himself; adding that he was very close, and that he would discover himself to them that he knew would hazard with him. That my Brother-in-law Sen-forth knew all, and that the Marquess trusted him much. I asked you what was done in my business of Orkney ? You told me, nothing till my coming, and said, It might be I should have it better cheap than to pay the Duty of it; and you told me England had made a Peace with Spain, very prejudicial to Holland; and that Spain and France were both striving who should first drink up England, but you hoped we should prevent them both. Besides you told me the lack of Powder was the greatest Let. As for Arms we might get help-thereof in every House, and that we had reasonable provision thereof already; and that my Lord had written to you that he had 90 Pieces of Cannon great and small already provided. I desired you to go in person and speak to the Swedish Ambassador for the Powder, and to advertise me in the Brill of his Answer, that so I might assure the Marquess what he might expect; and you did send a Letter by one of your own Men to the Brill, to shew me that you were with the Ambassador, and hoped to have that which we spake of. You asked my advice whether it were best to cross the Seas once, or to go on bravely? I answered, Delays were not good, which you did condescend unto, or you used words and speeches to that effect.
'But if thou the said David Ramsey shalt deny the Premises, or say thou hadst not the same Discourse, or to the same effect with me, at the foresaid times and places; I the aforesaid Donald Lord Rea, say and affirm, That thou David Ramsey art a false Traitor, and lyest falsly. And in case the Premises cannot otherwise be found out by the Sentence of this Court, proffer my self ready by the help of God, to prove and justifie this my Accusation and Appeal, by my Body upon thy Body, according to the Laws and Customs of Weapons in a Duel, to be performed in the presence of our Lord the King, &c.
Which Challenge being publickly recited, the said Donald Lord Rea, the Party challenging, threw his Glove in the Court, of a red or brown Colour for a Pawn or Pledge, in presence of the aforesaid Lord. Constable, and Thomas Lord Marshal, in confirmation of all contained in the Bill and Challenge.
Then the said David Ramsey answered in his own Person, and said, That the said Bill and Appeal was and is false, and that the said Donald Lord Rea, the Appellant or Challenger, did lie falsly, and that he was ready to justify and prove this in Duel, according to the Laws and Customs of Arms, and of this Court, by his Body upon the Body of the said Donald Lord Rea, as it should seem good to the Court.
And thereupon in confirmation and justification of the Premises, he threw his Glove in the Court, of a white colour, for his Pawn, or Pledge, in presence of the Lord Constable, and Earl Marshal aforesaid; Which Gloves respectively Richard St. George, otherwise Clarenceux, King of Arms, took up and delivered into the hands of the said Lord Constable with due reverence; and the said Lord Constable, together with the Earl Marshal, committed them to the custody of the aforesaid Register of the Court. Then the said Lord Marshal arrested, as well the said Lord Rea the Challenger, as the aforesaid David Ramsey Esq; the Defendent. And the said Donald Lord Rea produced Sir Robert Gordon, Sir Piercy Crosby, Sir Walter Crosby, and Sir William Forbes Knights and Baronets, and William Innis Esq; for his Sureties, who obliged themselves all, and every of them, & divisim & conjunctim, to our Lord the King, for the said Lord Rea, Body for Body, that the said Lord Rea should duly prosecute this aforesaid Challenge, to the final and last determination of the same; and that in the mean time the said Lord Rea should keep the Peace of our Lord the King, against all and every of his Lieges, and especially against the aforesaid David Ramsey Esquire.
And the said David Ramsey produced for his Sureties, the Right Honourable James Earl of Abercorne, and Robert Earl of Roxborough. Then the Earl Marshal aforesaid released Donald Lord Rea the Challenger, and the aforesaid David Ramsey Defendent, from the aforesaid Arrest, and at their request respectively delivered their Bonds of Suretiships to be cancelled.
After this there was read in the Court, the Lord Rea's Petition to the King, for divers Noblemen and others to be of his Counsel in this Cause; whose Names he presented in a Schedule annexed, as they are here recorded.
'Humbly beseeching Your Royal Majesty in this Cause of Appeal against David Ramsey in the Court of Chivalry, to grant unto the said Petitioner, that he may have the Parties, whose Names are in the Schedule hereunto annexed, to be of his Counsel in the said Court. And he shall daily pray for Your Majesty's long Life, and happy Reign over us.
In the name of God. Amett. In the presence of you most Illustrious and Right Honourable Robert Earl of Lindsey, Constable of England, and Thomas Earl of Arundel and Surrey, Marshal of England, or your Deputies in your Court Marshal; I David Ramsey Esq; Defendent, say and affirm, That all and every the things contained in the said pretended Appeal and Accusation, were and are false, and suggested and proposed against me maliciously, and against Truth, excepting what follows at the time and place under-written, I had the under-written Discourse with thee or to the same effect, and no other, viz.
I David Ramsey being with thee Donald Lord Rea, in the Month of May or June, as it is in the said Bill mentioned, and in the Ship there also mentioned, being in or near the Port there mentioned, thou desiredst that I would tell thee, If the Marquess of Hamilton would come over ? and I answered he would. And you asking me of what Religion the Lord Marquess was, I said, A good Protestant, and before it be long, he would let the World see his Design was for the Defence of his Religion, and the Glory of God. And then asking me whether he would come over with an Army? I said, Yes, with an Army of brave Men, and all Warlike Provision, that he cared not with whom he encountred. Which Passages, upon often and better recollecting of my memory and thoughts than heretofore, I do now remember. And you the said Donald Lord Rea, having then under your Command, two Regiments of Souldiers in Service of the King of Swedland, and then and there of thine own accord saying to me, Thou wouldst get leave of the said King to join your said two Regiments with the said Lord Marquess his Forces, and serve the said King in the Wars under the Lord Marquess, I kindly accepted that motion of yours, and desired to confirm it in you; and I told you, that Alexander Hamilton and Sir James Hamilton were to go for England; and you told me you had a promise of the Reversion of Orkney from the King your Master if the Marquess would mediate with your Master for it; and I and Alexander Hamilton did desire you to write a general Letter to the Marquess, with trust to the Bearer Alexander Hamilton concerning Orkney; and assured you of the said Marquess his Friendship, if you would continue constant in your Resolution, in joining your Regiments with the Lord Marquess, when he should come over, and you gave a Letter accordingly. Afterwards in March last, I being then at the Hague in Imploiment for providing Furniture for the said Marquess his Companies, which were to go over into the King of Swedland's Service, came to you from the Hague to Amsterdam, being earnestly invited thereunto by Letters from you; where I staied with you eight days, and delivered to you a Letter from the Marquess only of Complement and Thanks for your Offer, to join your Regiments under the Marquess his Command. And I told you all went right with the Marquess, and that I heard he had gotten from his Majesty 10000l. in England, and the Wine-Customs in Scotland for sixteen years, which he would sell; and all things for his coming over with his Forces went on without any demur or obstacle; and the only stay was, for want of Arms and Ammunition, especially Powder, and desired you to put in hard for that with the Swedish Ambassador, which you did after the Premises. And in March or April last, in Delf in the Low-Countries, you told me, you had a Letter from the King of Sweden to the King of Britain, to desire some Ships for the Marquess. And you said further, That the King of Sweden said, He had no Ships to spare of his own, but he would write to our King for some for him; and that he the said King of Sweden would allow 40000 Rix Dollars for the entertainment of the said Ships to be always in readiness upon the motions of his Army. You also asked me, if my Lord Marquess was to raise any Men in England ? I answered, I heard he was to raise three Regiments in England, and three in Scotland. You asked me where these Forces should meet? I answered, On the Sea. You asked where they should Land? I answered, I was doubtful where, because the Rendezvous was to be appointed by the King of Sweden; you said further, That you was not a Souldier of Fortune, that you had Bread at home, and might live without hazarding your self in the Fortunes of War; yet that you would hazard your Life and Fortune with the Marquess. I answered, I knew no more of the Marquess his Designs, than I had then told you, but that I would write to the Marquess to commend to him your forward affection to his Service, or to that purpose. I told you, that since my being in Holland, I did perceive the Hollanders did conceive, that England had made a Peace with Spain very prejudicial to Holland; and that divers of them had said so in my hearing: which Passages concerning the said Peace, upon often and better recollection of my memory and thoughts than heretofore, I do now remember, and I also told you, That the lack of Powder was the greatest stay of the Marquess his coming over; and you desired me to speak my self to the Swedish Ambassador for the Powder, and to advertise you of his Answer, that you might assure the said Lord Marquess what he might expect; and I did send one of my Men to the Brill, called John Thompson, to shew you I was with the Ambassador, and hope to have what we spoke of.
But whereas thou the said Donald Lord Rea in thy said pretended Accusation or Appeal dost affirm, that I said other words to thee, than such as are here set down in this my Defence; I the aforesaid David Ramsey say and affirm, That thou liest falsly, and art a false Calumniator, and oughtest to be punished with the punishment of a false Traitor; and I offer my self ready to prove and justify, by the help of God, this my Defence and Exception, by my Body upon thy Body, according to the Law and Custom of Arms in a Duel, to be performed in the presence of our Lord the King. And I humbly and instantly desire, that a Day and Place may be assigned for the said Duel, &c.
Then was read in Court the Petition of David Ramsey to the King, beseeching his Majesty to assign him the Person, whose Name was written in the Schedule annexed, to be of Counsel with him in this Cause, the Name written in the Schedule was Mr. Dr. Eden. The Witnesses in this Cause were commanded to make their personal appearance in the Court, and were there examined, and divers Letters written, as well from Marquess Hamilton as from Ramsey to the Lord Rea, were then produced.
Mr. Ramsey had bin released from Imprisonment in the Tower upon Bail, and his promise to appear before the Earl Marshal of England, or such other Persons as his Majesty should appoint, at such Time and Place as should be assigned unto him, upon three days warning; in the mean time to keep the Peace, and to confine himself to Richmond, having the liberty of three miles walk, with this acknowledgment, That in case of absenting himself from such Appearance, or breaking the Peace, he will be accounted guilty of the Crime, for which he stood committed. And for the performance of this Engagement, the Earls of Abercorne and Roxborough entred into a Bond of Four thousand pounds to the King.
'Whereas in Obedience to his Majesty's Commands, and in conformity to this Honourable Court, I have heretofore, contrary to such Intentions as seemed to me most reasonable, procured some Personages to stand engaged for my personal appearance in this Court, concerning this pretended Cause; and have, in obedience and conformity as aforesaid, used the Counsel of Dr. Eden, assigned unto me for that purpose by his Majesty, as Defendent in the said Cause. And whereas at my first appearance, upon sight of my Lord Rea's Bill, I accepted of the Trial by Combat, and ever since avoided and waved all Courses usually proposed by Defendents to avoid the Combat, which at this present I am ready to entertain: And whereas since from the Premises, and the Lord Rea's pretences of proving new Matters, the final Decree in this Cause, to my great prejudice in my other occasions, hath bin from time to time put off, and nothing as I conceive, under favour of this Honourable Court, proved against me, either to convince me of any Matter objected against me, or to urge me by the Law of Arms to submit my self to Trial by Combat, if I had a desire to decline it. I do here again once more, and that most instantly, desire a certain Day and Place to be assigned and decreed for the Combat between the said Lord Rea and me, for the Trial of the Matter in issue between us in this Honourable Court; and I do with all humbleness desire of this Honourable Court, that after all these delays used on the Lord Rea's behalf, I may now betake my self to my said first Intentions; and therefore I do protest, that so much as in me lieth, I do now disingage, and do desire this Honourable Court for ever after this time, to hold for disengaged those honourable Personages that are bound for my personal appearance. And I do humbly desire to know what his Majesty's further pleasure is concerning me, since I came hither upon his Majesty's command by Letters, and am here ready to satisfy my Loyalty as his faithful Servant, with the hazard of my Life.
And so instantly desiring and urging to be released of his Obligation, and that his Sureties might be likewise released, he was remanded to the Tower of London, and his Sureties were released, and the Bonds were rendred to them.
At another sitting, when Dr. Duke moved divers things in behalf of the Lord Rea, declaring, That with due reverence he submitted to the Court in all things. The Earl Marshal made answer, that the Lord Rea had governed himself in the whole Process of the Cause with much Prudence and Moderation, and wished that Ramsey had used the like Moderation in his Defence. And he further said, That now it seems necessary to lay open the Series of the whole Business: and so continuing his Speech, he shewed that our Soveraign Lord the King, so soon as he had knowledge of the Crime objected, did use all diligence to find out the Truth, and called the Parties before him; and the Lord Rea constantly affirmed the Truth of these things, and offered to justify the same with the hazard of his Blood and Life. And Mr. Ramsey on the other part with the like constancy denied the Accusation, and said, he would prove it false against the Lord Rea by Duel, if it seemed good unto his Majesty. And that the King observing the confidence of the Parties, and the defect of other Proofs, and the Parties free choice of Duel, consulted about the way of a publick Duel by the Authority of this Court, and took care to be informed of the Proceedings and Customs thereof. That it was certain, that this Court was the only Publick Judicature, to which the Cognizance of Treasons committed beyond Sea appertained before the time of Henry the 8th; and that the Statute of 26th and 35th Years of that King, concerning another manner of proceeding therein, was not derogatory to the Authority of this Court, but only superadded another way of Trial. That all private Duels were accounted and are unlawful, but publick Duels decreed by the Authority of this Court, were always granted to be lawful in Cases of Treason, when for the safety of the King and State the Truth would not otherwise appear. That his Majesty therefore consented to the Requests of these Parties, that they should fight a Duel for the Discovery of the Truth in this behalf; and therefore he constituted and confirmed this Court under the Great Seal of England. That the Lord Constable, and he the Earl Marshal, according to the King's Letters Patents, together with those Noble Persons that were of Counsel with the Court, had heard with patience whatsoever was alledged on either side; and that there were three ways of determining things of this nature in this Court used by our Ancestors.
Secondly, To condemn the Accused when the Truth of the Crime objected evidently appeareth by Witnesses, or any other way; which in this Case hath not been, nor seemeth possible to be, when out of the Accusation it self, it appeareth that the Words were spoken secretly, and not before Witnesses.
Then the Lord Constable together with the Earl Marshal demanded of the Parties, Whether they had any thing more to speak or propound in this Cause? They severally answered they had nothing more. The forenamed Lords asked the Lord Rea, whether he would finally acquiesce in his forementioned Bill of Appeal ? whereunto he answered he would therein acquiesce. Then they asked Ramsey, whether he would acquiesce in his answer to the Bill of Appeal ? whereunto he also answered, that he would therein acquiesce. After this, the Register read in Court the Lord Rea's Bill of Appeal, and Ramsey's Defence in the presence of the parties. Presently the Lord Rea sealed his Bill with his Seal at Arms, and subscribed his Name with his own hand. After the same manner Mr. Ramsey sealed and subscribed his Answer.
Then the Lord Constable taking the Appeal in his hands, and folding it up, put it into the Glove which the Lord Rea had cast forth in the Court for a pawn in this behalf, and held the Bill and Glove in his right hand, and in his left hand the Answer and Glove or Pawn of David Ramsey, and then joyning the Bill and Answer, and the Gloves, and folding them together, he with the Earl Marshal, adjudged a Duel between the parties under this form of words.
In the name of God the Father the Son and the Holy-Ghost, the Holy and most Blessed Trinity, who is one, and the only God and Judge of Battels; We, as his Vicegerents under the most excellent Prince in Christ our Lord and King, by whom we are deputed to this, Do admit you the aforesaid Donald Lord Rea, the Party Challenging, and you the aforesaid David Ramsey, the Defendent, to a Duel, upon every accusation contained in this Bill and the Answer to the same; and we allign unto you the twelfth day of the month of April next following, between Sun and Sun, in the fields called Tuttle Fields, in or near Westminster, in the presence of our Lord the king, to do and perform pour parts to your utmost power respectively.
And we Will and Enjoytt you the aforesaid Lord Rea the Challenger, to be in the aforesaid fields, and within the Lift there, between seven and nine of the Clock in the forenoon of the aforesaid day. And we enjoytt pott the aforesaid David Ramsey the Defendent, to be in the fields in the foresaid List between nine and eleven of the Clock in the forenoon of the said day, upon Peril attending you respectively in that behalf.
Which Decree and final Sentence pronounced, the Lord Rea craving pardon of the Court, spake to this Effect; First, he gave thanks to the Lord Constable, the Earl Marshal, and the rest of the Lords, that they had with so much Patience and Justice heard and examined this Cause, and for the Justice therein exercised, especially for the Sentence already given. Then he protested before Almighty God and that Court, that he had revealed nothing against David Ramsey, or any other, for Malice, or Hatred, or hope of Reward, either Gain, or Honour, but only out of his Faithfulness to our Lord the King, and for the safety of his florishing Kingdoms, knowing that nothing is more pernicious to Kingdoms and Commonwealths than intestine Wars. He professed that if he himself had not revealed the premisses, but some other acquainted with the Treason had first discovered it, he without all doubt had deserved the death of a Traytor. And whereas it might be said, that he by revealing it had hazarded his own Life. To this he answered, that he was unworthy of all Honour, yea of Life it self, that was not ready to lay down, much more to hazard his own Life for the Safety of King and Kingdom. And whereas he might seem in the process of this Cause to have declined a Duel; he desired to be understood that whatsoever was done in that behalf, he did in hope and expectation that the Treason which was communicated to many, might be some way brought to light. For he did neither distrust his own Cause, nor fear the Person of his Adversary, nor any other in so just a Cause, only in this he grieved, that an Adversary equal to him in Birth, Degree, and Nobility, was not offered. And whereas many wondered that he would hazard his Life for revealing words, whereof he was doubtful whether they would amount to Treason or not. He said, he knew much more concerning the Treason, than what was contained in this Bill, which by the interposing of Authority, was for just Causes yet to be suppressed.
As for the Duel now decreed, he professed that he embraced the Sentence with all chearfulness, and desired no further delay of the Combat, than that in the mean time he might provide himself with such necessaries for this Duel as became his Stock and Kindred, and the Combatant and Champion of so great a King. That he had no private hatred to the Person of David Ramsey, but was now to encounter him, being by the Court declared his publick Enemy. And so having prayed to God for his Majesty's safety, and happy Government, and imploring the favour of the Court, he made an end of speaking.
Then the Lord Rea desired, that the Crimes and Words by him objected in his Bill against David Ramsey, might be declared Treasonable, and that Ramsey were guilty of Treason, if he uttered those Words: which the Court with an unanimous Consent did declare so, and adjudge.
Ramsey moved that a shorter time, and some day within the 12th of April might be assigned for the Due!, saying that he would soon compel the Lord Rea to confess the falshood of the Crime objected, if he would meet him in place convenient.
The Lord Marshal answered, that the day was determined; and further intimated to both Parties that they were to be attached and kept in fate Custody, if they gave not sufficient caution for their appearing at the day and place appointed, and in the mean while for keeping the Peace. For the performance whereof on his part the Lord Rea produced Sureties, namely Sir Peirce Crosby, Sir William Forbes, Sir Walter Crosby, Knights and Baronets, and William Jones Esq; who bound themselves to the King Body for Body.
Then Mr. Ramsey being asked, whether he would bring forth Sureties? Answered, that he was ready in the Word and Honour of a Gentleman, to oblige himself to whatsoever in that regard should be by the Court enjoyned, but as for Sureties that he had none, or at least desired none; That it was troublesome for him to engage Noble Persons, who had in other respects interposed in this behalf. Whereupon the Lord Rea's Advocate desired that Ramsey be committed to the Tower till the day appointed for the Combat.
Then Robert Earl of Roxborough publickly offered, and said that himself and James Earl of Abercorn were ready to put in Caution for Ramsey, if the Court would admit them; and Walter Earl of Balclough made the same offer, and the Court admitted them, (although the Lord Rea's Advocate alledged many things to the contrary) and they became bound Body for Body. Whereupon Ramsey was released from his Imprisonment in the Tower.
The Lord Constable and Earl Marshal admonished both Parties to keep within the bounds assigned them; to wit, That the Lord Rea should not go Westward beyond Charing-Cross, nor Mr. Ramsey beyond Whitehall Eastward. These bounds they might not pass without the special Licence of the Court, or some just and reasonable Cause.
First, He did humbly desire of the Right Honourable Judges the Lord Constable and Earl Marshal, that his Arms and Weapons might be assigned him for to aid himself therewith against his Adversary in the day and place to him assigned: And also in any other day and place, if any should be assigned him; and that he might have no Weapon of advantage, and that he might be received into the Lifts or Field with those Arms as shall be assigned him, and armed in what fort he should please; and that he might have with him all other things needful and accustomed by right to aid himself at need against his Adversary although they be not expresly written; and desired that his Adversary, should have no other Weapon, nor of other size than those that he the said Lord Rea should have: And if the said Adversary should bring into the Lift any other Weapons, or of other size than the Court should assign him, that such Weapon should be taken from him, and that he be allowed no other.
It seemed reasonable to the Court, that he should be received into the Lists armed as is fit: And as for the Weapons, was to have a Spear, a long Sword, a short Sword and a Dagger, each with a point, as above said, and for the rest the Court would do reason, according to the Custom and Law of Arms.
Item, The said Challenger did pray that his Counsel might be received into the Lists or Field with him, for to counsel him what should be needful, and that he might have a Chirurgeon with his Ointments and Instruments to serve and aid him when need required, and he did pray, that his Counsel might remain with him, until the words Lesser les Armes were cried.
Item; He did pray, That he might have within the laid Lists or Fields, a Seat or Pavilion, or other Coverture to rest himself, that he might have Bread, Wine, or other Drink; Iron-Nails, Hammer, File, Scissars, Bodkin, Needle and Thread, Armorer and Tailor with their Instruments, and other Necessaries to aid and serve him in and about his Armour, Weapons, Apparel and Furniture, as need required.
The Court willed, That he have a Seat and such Coverture as he shall please, without fixing any thing in the Ground; Bread, Wine, and other Necessaries, in such cases requisite, till the words Lesser Les Armes were pronounced.
Item; He did pray, that he might have liberty to make trial of his Arms and Weapons within the Field, to put them off, and to put them on, and change them at his pleasure; to nail, fasten, or loose his Arms and Apparel, and other things needful; to Eat and Drink, and to do all other his Necessities.
Item; He did pray, That if it should happen, either by the delay of his Adversary, or any other Impediment, that he should not be able to prove his intent upon his Adversary in the day assigned him, between Sun and Sun, that then he might have further time and day allowed and assigned him for the proof thereof on his said Adversary.
Item; He did pray, That the Field and Lists might be well and safely guarded for him until the end of the Battel, and as well in the Night as in the Day, until that with the Aid of God he should make good, and prove his intent upon his Adversary.
Item; He did humbly pray, That if God should so dispose, as that he died in the prosecution of this his rightful Appeal in this behalf, that then his Heirs, without any impeachment or hinderance, might take his Body and give it Christian Burial, in such place as he shall appoint by his last Will and Testament.
Item; He did pray, That notwithstanding that the Custom of Arms will, that he should bear into the Field certain things necessary for him, that these, or some of these things, may be brought by others in ease of him, and that they might be saved and carried back for him, if in case God should please to give him the Victory, as he may of his special Goodness and Mercy.
Item; He did desire, That the same day when with God's help he did intend to prove his Intent upon his Adversary, he might have all other things necessary for him, and accustomed by Right and Law of Arms, although they were not expressed in these his Protestations.
Item; He did pray, That these his Protestations, nor the Copy of them, might be delivered nor shewed to his Adversary, nor to any of his Counsel, or other Person, whereby his said Adversary might have knowledge thereof: Further praying, and desiring that these his Protestations and Demands might be graciously granted unto him, by those Honourable Lords, as the Right and Law of Arms did require.
Item; He did pray, That it might be lawful for him to go or ride into Tuttle-Fields, in or near Westminster, at his pleasure, and so often as he should think fit, to view the Ground which should be assigned him for the proving of his Intent, and for such other ends as should be most for his advantage for the proving of his intent upon his Adversary.
To this the Court answered, It seemeth reasonable unto the Court, that at convenient times, which should be signified and expressed under the hands of the Lord Constable and Earl Marshal, what should be lawful for him to do as was desired.
Item; He did humbly pray, That since by the Law and Custom of Arms, and of the Honourable Court, the Defendent is never to be allowed Counsel, nor to have any Assistants, nor to have any Petitions of Favour granted, except in due time he shall have desired, or shall have protested that he would desire them. And that in this Case his Adversary publickly hath protested against the having of Counsel, and all other Aids and Assistants in this Court, as by the Acts of the Court appeareth, he humbly prayeth that he might not have any Counsel, nor Aids, nor Assistants assigned unto him in this behalf; and that no Petitions or Protestations (if he shall make any) might be granted unto him; and in this he humbly desired the Justice of that Honourable Court.
'That in regard there can be no President shewed forth by Authentical Record, whereby the choice of Arms was ever heretofore permitted or granted to the Challenger, or refused to the Defender, suitable to the Custom and Law of all Christian Nations; as likewise in regard the Challenger himself, as I suppose being ashamed of his Protestions and Demand for Defensive Armour, has in good Company denied the same, and ascribed it to your Lordships imposing. He therefore according to the said Law of Nations, and Custom of the Kingdom, doth humbly intreat that there be no other Arms allowed for the Trial, than such as he hath bin already Suitor for, (viz.) Rapier and Dagger, as being in the number of such as your Lordships were pleased to nominate, which are the most common in all Gentlemen's Opinions, and that are carried by all and every Man that is acquainted with the Management of them.
'Lastly, Intreating, That if there chanced to be found any want or mistake in the formality of this, that your Lordships will be pleased to pass over the same, and attribute it to the absence of the Lawyer allowed by your Lordships, having now no other Counsel than the Justice and Equity of his Demand. And as in Duty bound, he shall never be wanting, either in Action or Speech, to shew his gratitude for these your Lordships so just and noble Favours.
On the 10th of April Rea and Ramsey appeared again before the Court, sitting in the Council Chamber at Whitehall; at which time the Lord High Constable and the Earl Marshal signified to the Parties, That it was the King's Pleasure, for certain just and urgent Causes, to prorogue the day of Combat, from the 18th of April, to the 17th of May; and they prorogued the same accordingly; and required Rea and Ramsey to appear in Tuttle-fields, upon the day last assigned, at the hours appointed in the former day: for the performance whereof, both the Challenger and the Defender produced their several Sureties, and the Cautions and Sureties for the former day were by the Court remitted.
Then the Constable, together with the Marshal, declared, That upon hearing and examination of this Cause, they had not found David Ramsey guilty of Treason, nor was the Treason intimated made appear by the Lord Rea, though he had so long time attempted it; yet they found that he had feditiously committed many contempts against his Majesty, the reformation whereof his Majesty reserved to himself; and therefore the Court Decreed, That they (the said Lord Rea and David Ramsey ) should both be committed to the Tower of London, till by Sureties to be approved by his Majesty, they gave in sufficient Caution, that neither in their own Person, nor by any in their Families, nor by their procurement or assent, they would attempt any thing one against the other, and that so long, till it seemed good to his Majesty to set them at liberty; and so they were both arrested by order of the Lord Constable and Marshal, and by Serjeants at Arms delivered over to Sir William Balfour, Lieutenant of the Tower.
Then a Letter was brought from his Majesty by Richard St. George, King of Arms, to the Lord Constable and Marshal, by which his Majesty revoked his Letters Patents, given to the said Lords for the Trial of this Cause, not willing to have it decided by Duel. And so there was nothing more done in it.
But now let us return to Marquess Hamilton, where we lest him in his Quarters in Germany, who lost no time after the Battel at Lipsick but went himself to the King at Worben, passage being then more open. The King excused his not sending the Forces he had promised, for that he was resolved speedily to give Tilly Battel, and so could not weaken his Army, and appointed the Marquess to remove from those Villages near Stetin; and accordingly on the 20th of September, the Army went up the Oder from Stetin, some pieces of Ordnance they carried with them by Land, and the rest by Water, and according to order were quartered about Custrein, Frankfort upon the Oder, Landsbergen, Crosar, and places thereabouts; where a third part of his Army languished and died of the Plague, and other Sicknesses.
The Marquess had not bin long at his Quarters at Custrein, when he received Orders to besiege Magdenburgh, wherein were 3000 Men: The Marquess's Army being then very feeble by sickness, the King of Sweden sent Bannier with 3000 Foot and 1000 Horse to join with him and to block up and besiege Magdenburgh; which they so streightned as on Christmass Eve they came to a Parley. But on the second dayo their Treaty, one of the Count Mansfields, their Governor, had notice that Papenheim was coming with Relief; whereupon the Treat broke up, and Bannier would have bin retiring: But the Marque pressing his stay, he produced his Orders to command all the Dutch and Swedish Forces, and not to hazard an Engagement; where that gallant Commander, Sir Jacob Ashly, (who was then with the Marquess) viewing the Pass designed for the Marquess's Retreat, in case Papenheim did advance, assured the Marquess and Bannier, they might in less than an hours time march away in spight of Papenheim's Army, and therefore not yet to remove, was his advice: whereupon the Marquess proposed to Bannier to fight Papenheim; but Bannier not willing to hazard his Men, marched away; so Papenheim afterwards advancing, got into the Town, and carried away the Garrison of Soldiers, and some Ordnance, with Ammunition, and so quitted Magdenburgh, yet left some Cannon behind him, (having not Draught-Horses to carry the same away, nor intending to make that Place a Garrison any longer): There the Marquess did stay till the beginning of February 1631, English Style; and the King ordered him to march to Halberstadt to quarter his Army thereabouts.
The first of mine which this Bearer will give your Lordship, will tell you the extreme regret I have had since my coming into these Parts, that I could not have the honour to hear from your Lordship, yea, scarce hear of you.
I received your Lordship's of the 20th, delivered me this evening by one I sent to Lipsick, my self being hindred from going that way, in regard the Enemy lay between Brunswick and Lipsick, so as I could not pass without danger, which causeth me to take the way of Erford. Tomorrow I set forward towards Wirtsbourgh, which his Majesty of Swedeland hath assigned me for my Audience; which as soon as I have had, I shall dispatch an Express to your Lordship, and be glad to receive your Lordship's particular Commands, of which I shall be as vigilant and careful as if they concerned my self. I hope yet some one of your Lordship's will overtake me before I shall see the King; for it will be Thursday before I shall arrive at his Court, and I presume it will be four or five days before he will give me Audience.
The Ambassador, after his arrival, understood that the Duke of Saxony being become desperate, by reason of Tilly's Insolency in his Country, had joined himself with the Swedes, and that when their Armies were united, had obtained a glorious Victory upon the Emperor's Forces near Lipsick; and that the King of Sweden making use of that Victory, was gone forward as far as Franconia : judging therefore that it concerned him to make haste, he excused himself by a Letter to the King of Denmark, and went forthwith to Wirtzburgh, where he continued for some time. At length he was admitted to Audience, first at Franckfort, then afterwards at Mentz, but it was the latter end of January before he had Audience.
'The Ambassador at his first Audience with the King of Sweden, on January the 29th, according to our Stile, told the King, That he had come sooner, but that his Majesty's Command staied him at Mentz. The King bid the Ambassador welcome, and told him, he heard the King of Bohemia was upon his way to come up to him; and asked him, when he thought he should be here? To which the Ambassador answered, he thought to morrow. At which the King started, and said, it could not be: the Ambassador replied, he thought yes, for he had received such advertisement from the States Agent at Collen; and said further, the King of Bohemia was come in conformity to his Majesty's desire unto him; and that he hoped his Majesty would take his Cause actually in hand, according to his public Manifesto, whereby he would acquire to himself much Honour, because none was so much wronged and opprest as he. The King replied, he would first make an Alliance with the King of Bohemia, and would be also glad that the Alliance between himself and the King of Great Britain should proceed; and asked the Ambassador, whether he had plenary Power? and whether the King of Great Britain would make the Confederation personal with him, or not? and whether he would be content to give Mony and not Men? To the first he answered he had Plenary Power; and that for the personal Confederation between the two Crowns, his Master was content to accept it; and for Mony in lieu of sending Men, he thought an Expedient might also be found for that, providing his Majesty would undertake the Restitution of the King of Bohemia unto his Estates and Dignities, and not to lay down his Arms until both were effected. All but this Condition he liked well; but to that he answered, he could not do that without having War with France and Bavaria; and that in the late Treaty between France and the Catholick League concerning the Neutrality, there was an Article; but as for that of Bavaria, it should be remitted to a future Treaty between the Kings of Britain and France; and for what he held of the Spaniards, he was willing to return. The Ambassador answered, That that Article, and all others in that Treaty, was as much to the prejudice of the King of Bohemia as could be, and consequently to his Master's Ends; and he wished in the end it might not prove disadvantagious to the prosperity of his Affairs, by being too long amused, which could not be but advantagious to his Enemies, and of dangerous consequence to himself and the Cause; that for his part he did not think it counsellable for his Master to make an Alliance with his Majesty of Sweden, upon the hopes of a future and contingent Treaty between Britain, France, and Bavaria : But if his Majesty would oblige himself to perform the Conditions he proposed, he the Ambassador was ready to begin the Treaty to morrow. And the King replied that he could not stipulate to make War upon Bavaria at this present, but it might be hereafter, and if the King of Great Britain would follow his Counsel, he thought it might either be done by War or Treaty, and said, if we had concluded before the arrival of the French, he could then have undertaken War upon Bavaria, but it was not for him to undertake against the House of Austria, France and the Leagues, if he could by means of the Neutrality lay France and the Catholick League by.
'The Ambassador answered, For our coming too late, there was no fault to be justly imputed to us; for had his Majesty of Sweden demanded reasonable Conditions, the Alliance had been concluded: but Leagues and Business of so great Importance, could not but have slow motions; yet he besought his Majesty of Swedland to give him leave to commemorate the proceedings of his Master towards him since his Majesty's coming into Germany, viz.that he had permitted him to make as many Levies of his Subjects as he had desired; That he had since sent the Marquess of Hamilton to him with a Royal Assistance, and so opportunely, as it could not be denied but that the Marquess landed his Army at a seasonable time, to the amusement of the Emperor, and the encouragement of the Confederate Protestant Princes, as appeared by the effects that followed thereupon, by the speedy uniting of their Army under his Command. And that though his Swedish Majesty, next under God, was the only immediate Instrument to whom the Glory of this great Revolution was to be attributed, yet it could not be denied but that the Subjects of Great Britain had done him great and remarkable Service, both in these and his former Wars, and that these were neither to be concealed nor forgotten, nor the real Assistance now sent unto him.
His Majesty of Sweden acknowledged, 'that the King of Great Britain had proceeded with him as a Friend; that he was a wise and vertuous Prince, and that none could wish more prosperity to his Person and Affairs than he did, and that he would do his best to assist him in the business of the Palatinate : but he would then have him follow his advice; That he had too long depended upon the Spanish Treaty, which was a fault, and had prejudiced us much; that nothing was to be expected from them but Parols. The Ambassador replied, if that were a fault, it behoved him to be wary in his Negotiation, not to make an Alliance that might be disadvantagious to his Master, either in Honour or Judgment; That whatsoever should be the event, he doubted not but that God would bless both his Counsels and Actions. His Majesty of Sweden replied, that for the present he could not stipulate to make War with Bavaria, though he intended not to let him escape, for that it could not be but of great advantage, if he could secure the Catholicks, which he was in a fair way to effect; for, according to his Articles delivered unto Charnassay, the Electors of Triers and Cologn had accepted of the Neutrality. The Ambassador asked, whether his Majesty had received any Act of their own? he said, No, But the Marquess of Pressay had assured him thereof; that he had not yet heard of Bavaria, neither could he yet say any thing thereunto, until either Charnassay or Horn, whom he had sent into France, were returned.
'His Majesty of Sweden then said, he would make him two Propositions, which were, He would either oblige himself to restore the King of Bohemia what the Spaniard held, and treat with France and Bavaria for the restitution of what he possesses; which if he would not restore, He would then undertake a War with him, so the King would enter into an Alliance with him against the Spaniards, if he should attaque him in any of his Dominions. He answered, that was a point of so great Weight, as he durst not take upon to make any present answer, but thought that his next from England would give some light.
In this Audience he spake of 12000 Men to be allowed by the King of Great Britain, and 25000l. a month, which he demanded for the maintenance of them, but he insisted not thereupon, and therefore he held not fit to mention it in this Discourse, but by way of Memorial.
Magdenburgh being quit by Papenheim, and Marquess Hamilton Commanded by the King of Sweden to remove thence, the King of Swedland put a strong Garrison into the same, under the command of the Lord Falconberg of 4000 Men, and the Town raised 1000. Now seeing we are upon this great (but shortly after miserable) Town, have a little patience to read what befel it by the cruelty of Tilly, in the beginning of this year.
In the beginning of April 1631 English stile, Gen. Tilly now discovers himself to undertake what Papenheim had been about, viz. the Conquest of the Town and Archbishoprick of Magdenburgh. First, take a word as to the situation thereof: The Country of Magdenburgh is situated upon the West of Brandenburgh, from which the River Elb parts it; upon the South it touches upon Saxony, upon the West joining with Brunswick and Halberstadt; and upon the North of it is the Elb again, with the two Dutchies of Lunenburg and Lawenburgh; the Country hath the name from the chief City Magdenburgh, which is one of the antient Hans-Towns of the Empire, and that honoured with an Archbishop's See, and he the Primate of all Germany.
The People be Lutherans of the Augustan Confession, the Archbishoprick in the hands of a Lay-Man, Christian William, a Prince of the Electoral House of Brandenburgh, his Title is Administrator of the Bishopricks of Magdenburgh and Hall, and Primate of Germany. This bred the Quarrel, because he not giving way to Reformation of the Religion, (that is, the Administrator being against the bringing in of Popery again) and the restoring of the Church Lands to the Catholicks, whereupon it being against Articles of Agreement, was prescribed and bandied by the Emperor, and some Forces sent into his Country, actually to seize upon the same. His Subjects, notwithstanding they were also far out with the Emperor (as having consented with other Hans-Towns, not to suffer any Imperial Soldiers to be quartered or billited upon them, and had raised some 2000 Souldiers for their own Guards) yet being now terrified by the Emperor, durst not assist their Prince, until at last they were encouraged by the King of Sweden, who promised to stick close by him: Whereupon, about the end of July 1630, the Administrator sets forth his Declaration, protesting against the wrong done him by the Emperor, and putting himself under the Protection of the King of Sweden.
And about the end of November 1630, the King of Sweden sends a Noble Gentleman, the Lord Faulkenberg, Lord Marshal and Lord Chamberlain of his Majesty's Houshold, with 4000 Men to be put in Garrison there, the Town having also raised 2000 Men for their Defence.
Upon the 12th of April, Tilly first presents himself in full Battalia within a Mile of the City: at which time believed it was that he would at least have fallen upon the great Star-Sconce, or Toll-House by the old Flue; but that day attempted he no more, than to beat some Guards out of their Redoubts into the City.
The 13th he lays his Seige; Himself, Panpenheim, Savelli, and Mansfield, round begirting the City. This done, twelve pieces of Cannon are planted against the Bridge over the Elb; upon which he made 568 Shot that same day: his intent being to cut that passage off, that the Town by it might send no Succour to the foresaid Sconce or Toll-House, but the General Faulkenberg conveniently planted some Pieces upon the Toll-House, which at last dismounted the Enemies Cannon. This not succeeding, Tilly falls Pell-Mell at once upon both these places, giving eight several Assaults unto them: but the Lord Faulkenberg with four whole Cannon double charged with Stones, old Iron, &c. about 12 a Clock at night made them to give over: some Prisoners the next day which were taken, confess there were 2000 Men that day slain of the Assailants. This Toll-House was a notable piece of Fortification, built on the other side of the Elb. To this Tilly now turns all his Battery; here falls he to mining, and all to no purpose.
On the 15th both by Land and Water he lays at it: but three hundred Musquetiers being by him sent in Boats, to assail it on the Water side, were by those of the Fort driven ashore, and drowned, or slain by the Citizens; 200 also at the same time lost their lives on the Land side.
Now was News brought into Tilly's Camp of the King of Swedens being upon his March, for the relieving of the Besieged. A Council of War thereupon being called, some Troops are sent towards Wittenbergh, and the Dessanbridg, there to stave off the Kings Forces; the news of his coming again slackning, April 21, to work Tilly falls again: and giving on upon the Toll-House, that notable Piece is forsaken by the Magdenburghers, who at their Retreat offering to fire it, the place was Rescued by the Imperialists. Upon this were all the Forts on that side of the Elb, either taken, or given over, the Bridge also by Tilly burnt, and Approaches made unto the City, which was from thence immediately Battered. Now were the Besieged forced to burn their own new Town, where 2000 Imperialists immediately lodging themselves, fell to mining, and shooting Granadoes into the City.
The 29th, by a Sally out upon these in the new Town, are about a hundred slain; the Mines do no hurt, until one Farniback, a notable Engineer, takes them in hand, who saps himself under the Town-Ditches to the very hard Walls, which he much shakes by springing the Mine: in reward of which Service and some others, the Emperor makes him a Colonel, granting him a Commission to raise two new Regiments.
May 7th, General Tilly comes himself into the New-Town, together with Papenheim, then General of the Ordnance, and the Count of Scomberg, Serjeant Major General, and a great shew of Ladders is made, as if there were a purpose of a general Scalado Tilly's hope was, that the Town would presently parly upon sight of these Preparations; but they taking the Alarum at it, instantly man all their Bulwarks.
The 8th day is spent in Shooting at a certain high Tower, from which the Town Cannon did much plague the Besiegers. This day Tilly sends a Trumpeter to Summon the Town; they send another to him, signifying their willingness to yield, might but their Administrator still enjoy his Bishoprick, and the Town their Privileges. This not consented unto;
That day another Trumpeter is sent into the Town; towards evening there was much bustling observed, and carriages to and again in the Enemies Leaguer: Yea, they were perceived to rise with their whole Army, (as the Town thought) and to March to Ortersleben, half a mile from them. All that night was the Lord Faulkenberg upon the Walls: who perceiving in the morning no danger of assault, calls the City together into the State-House to give answer to the Enemies Trumpet; yea so secure they were, that the over-watcht Souldiers are suffered to go from their Courts of Guard, to take some sleep: and the Townsmen were gone to Church to give God thanks for their deliverance from the Siege. Thus the Walls being found empty, about seven on the Tuesday morning, May the 10th, Papenheim having giving the Word Jesu Maria to his Souldiers, and a white string about their Arms; makes towards the Heydecker-Port; where having thrown Turfs and Faggots into the Ditch to fill it up to the middle, the Imperialists run with Scaling Ladders upon their backs, the Walls are in a trice mounted, the Town entred, and the Souldiers fall to killing. Faulkenberg now flying in upon them, beats them back to the very Walls again: but a Port being by this time opened, and the Enemies Horse let in, the Valiant Faulkenberg is slain with a Shot, the Administrator hurt, both in the Thigh and Head, and so taken. Whilst all thus goes to wrack, a mighty Fire breaks out (how none knows) and it being a great windy day, all was on the sudden become one great Flame, the whole Town was within twelve hours space utterly turned to Ashes, excepting 139 Houses, six goodly Churches are burnt; the Cathedral, together with St. Mary's Church and Cloister were by the Monks and Soldiers diligence preserved. Twenty thousand People at least were here killed, burned, and smothered, whereof 6000 drowned in the Elb. Tilly's Walloons would give quarter to few: and the Crabatts never use to give, or beg any.
Whereas it was commanded, to the Sheriff of the County of York, by Writ under the Seal of his Majesty's Court of Exchequer, dated the 16th day of May, in the 7th Year of his Majesty's Reign that now is, That he should distrain James Maleverer Esq; to appear before the Barons of his Majesty's said Court of Exchequer, in the Octaves of the Holy Trinity then next following, to make Fine to the King for his Trespass and Contempt in not coming to the presence of the King, before the One and thirtieth day of January, in the first Year of his said Majesty's Reign, to take upon him the Order of Knighthood, according to the form of a Proclamation in that behalf formerly made; at which day of the said Octaves of the Holy Trinity, the said Maleverer did appear, and pleaded to the said Writs, That although his said Majesty the said one and thirtieth day of January, and for three days next before the said one and thirtieth day of January, was resident and remaining at his Palace at Whitehall in the County of Middlesex; and that the said James Maleverer, the said one and thirtieth day of January, and three days next before the said one and thirtieth day of January, was resident and remaining at Arncliff, in the said County of York, which is distant from the said Palace of Whitehall, the space of one hundred and fourscore miles: and that the said James Maleverer, the said one and thirtieth day of January aforesaid, or at any time before, had no Lands or Rents in his own hands, or in the hands of Feoffees to his use, out of the said County of York; and that that part of the said County of York which is nearest to the said Palace of Whitehall, is distant from the said Palace of Whitehall the space of one hundred and thirty miles; and that no Proclamation, by virtue of any Writ of Proclamation, for the appearance of any Persons whatsoever, to take the said Order of Knighthood, was made in any part of the said County of York, before the thirtieth day of January, in the said first Year of his Majesty's Reign; by reason whereof the said James Maleverer could not personally come to the presence of his said Majesty, to take the said Order of Knighthood before the said one and thirtieth day of January, in the said first year of his Majesty's said Reign; yet the said James Maleverer for his Fine in the Premises, did humbly submit himself to the said Court, and demanded to be discharged of the said Issues returned and imposed upon him by reason of the Premises. Yet notwithstanding the said Plea and Submission of the said James Maleverer; and after the same was made as aforesaid, and entred upon Record in his Majesty's said Court of Exchequer; and the said Court moved for stay of the said Process, and discharge of the Issues Sir H. D. being then Lord Chief Baron of the said Court of Exchequer, contrary to his Oath, and contrary to the Laws of this Realm, and to the great impoverishing of the said James Maleverer, did (together with the rest of the then Barons of the said Court) refuse to impose any Fine whatsoever upon the said James Maleverer, and told him, That the said Court had no power to fine him, and that he must compound with certain Commissioners for that purpose appointed. And did further order and direct several other Writs of Distringas to issue forth out of his said Majesty's Court of Exchequer, under the Seal of the said Court, directed to the several high Sheriffs of the said County of York, whereby the said Sheriffs were commanded further to distrain the said James Maleverer to appear, as aforesaid; upon which said Writs of Distringas, several great and excessive Issues were returned upon the Lands of the said James Maleverer, amounting to the sum of two thousand pounds, or thereabouts; a great part whereof the said James Maleverer was inforced to pay; and in like manner the said Sir H. D. (together with the rest of the then Barons of the said Court of Exchequer ) did order and direct such and the like unjust and undue Proceedings; and the said Proceedings were had and made accordingly against Thomas Moyser Esq; and against several other Persons his Majesty's Subjects in several parts of this Realm, to the utter undoing of many of them.
In order to increase the Crown-Revenue by the way of Grants, by Letters Patents under the Great Seal of England, the King creates a New Corporation within the City of Westminster, by the Name of the Society of Sope-makers, made to these Persons following; Sir Henry Compton Knight of the Bath, Henry Gilford, Nicholas Fortescue, Basil Brook, Edward Stradling, Richard Weston, William Ford, Sir James Banks, Knight; George Gage, Francis Townly, Beverly Bretton, Thomas Jones, and Thomas Russel, Esquires, and their Successors; and to remain as a Society or Body Corporate, by the Name of the Governor, Assistants, and Society of Sope-makers, and that they shall have the same to them and their Successors.
Giving them and their Successors power to erect and admit Persons into their Society, and to purchase Lands and Hereditaments to them and their Successors, in Fee and Perpetuity, for Life or Years, and dispose of the same as they shall please.
And all Sope-boilers who will not come into their Corporation, are to be prohibited the Trade of Sope-boilers. And a good Revenue yearly was brought into the King's Exchequer, as is hereafter mentioned, viz. 10000l. by way of Advance; and 8l. per Tun paid also into the Exchequer.
Titles of Proclamations, &c.
A Proclamation for the new Making, Altering, Amending, Dressing, Repairing, Proving, and Stamping of Armour, Guns, Pikes, and Bandaliers, both of the Common Arms, and Arms of the Trained-Bands throughout England and Wales.
A Proclamation for enabling all his Majesty's Subjects to trade within his several Dominions, without being further charged with Customs, or other Duties, than they of that Kingdom wherein they trade ought to pay.