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 1635.
The Arch-Bishop of Canterbury's Diary
April 9. The Arch-bishop of Canterbury's Diary.
And from thenceforward all in firm kindness between K. B. and me.
May 18. Whitsunday at Greenwich my Account to the Queen put off till Trinity-Sunday; May 24. then given her by my self, and assurance of all that was desired by me, &c.
May, June, July; In these Months the troubles at the Commission for the Treasury; And the difference which happened between the Lord Cottington and my self, &c.
Saturday July 11. Wednesday July 22. two sad meetings with K. B. and how occasioned.
July 12. Sunday, at Theobalds the Soap-business was ended, and settled again upon the new Corporation, against my offer for the old Soap-boilers; yet my offer made the King's Profit double two years after the new Corporation was raised: how it is performed let them look to it, whom His Majesty shall be pleased to trust with His Treasurer's Staff. In this business, and some other of great consequence, during the Commission for the Treasury, my old Friend Sir F. W. forsook me, and joyned with the Lord Cottington, which put me to the exercise of a great deal of patience, &c.
September 2. Wednesday, I was in attendance upon the King at Woodstock, and went thence to Cudsden to see the House which Dr. John Bancroft, then Lord Bishop of Oxford, had there built, to be a House for the Bishops of that See for ever, he having built that House at my perswasion.
September 3. Thursday, I went privately from the Bishop of Oxford's House at Cudsden, to St. John's in Oxford, to see my Building there, and give some directions for the last finishing of it, and returned the same night, staying there not two hours.
September 23. I went to St. Paul's to view the Building, and returned that night to Croyden.
September 29. the Earl of Arundel brought an Old Man out of Shrop-shire, he was, this present Michaelmas -day shewed to the King and the Lords for a Man of 152, or 153 Years of Age.
October 26. Monday, This morning between Four and Five of the Clock, lying at Hampton-Court, I dreamed that I was going out in haste, and that when I came into my Outer-Chamber, there was my Servant W. Pennell in the same Riding-Suit which he had on that day seven-night at Hampton-Court with me: me thoughts I wondered to see him, (for I left him sick at home) and asked him how he did, and what he made there? and he answered me, he came to receive my Blessing, and with that fell on his knees; and hereupon I laid my Hand on his Head, and prayed over him, and therewith awaked. When I was up, I told this to them in my Chamber, and added, that I should find Pennell dead or dying. My Coach came, and when I came home, I found him past Sense, and giving up the Ghost; so my Prayers (as they had frequently before) commended him to God.
November 22. Saturday, Charles Elector Palatine came to Whitehall to the King.
November 30. St. Andrew's day, Monday, Charles Prince-Elector Palatine, the King's Nephew, was with me at Lambeth, and at solemn Evening-prayer.
December 14. Monday, Charles Prince-Elector came suddenly upon me, and dined with me at Lambeth.
December 25. Christmas day, Charles Prince-Elector received the Communion with the King at Whitehall; he kneeled a little beside on the Left-hand; he fat before the Communion on a Stool by the Wall, before the traverse, and had another Stool and a Cushion before him to kneel at.
December 28. Monday, Innocents-day, about Ten at night the Queen was delivered at St. James's of a Daughter, Princess Elizabeth, I Christened Hereon Saturday following.
Jan. 2. Tuesday, February 2. Candlemas-day, my nearer care of J. S. was professed, and his promise to be guided by me, and absolutely settled on Friday after.
February 28. I Consecrated Dr. Roger Manwaring Bishop of St. David's.
March 6. Sunday, William Juxon, Lord Bishop of London, made Lord High-Treasurer of England; no Church-man had it since Henry the 7th 's time: I pray God bless him to carry it so, that the Church may have Honour, and the King and the State Service and Contentment by it: And now if the Church will not hold up themselves, under God I can do no more.
Martis vicesino primo April' Anno undecimo Caroli Regis.; M. Goad.
An Information in the Star-Chamber against divers Persons of Quality, for residing in Town contrary to the King's Proclamation.
To the King's Most Excellent Majesty.
Jo. Banks. Ro. Shelton. Edw. Littleton. W. Ayloffe. Bramston. E. Herbert.
Sir John Banks Kt. Informeth Your Majesty, Your Attorney-General, That whereas as well the late Sovereign Lady Queen Elizabeth, and the late Sovereign Lord King James, Your Majesties Father of Blessed Memory, by several Proclamations published throughout the Realm, did command, That Persons of Livelihood and Means should reside in their Countries, and not abide or sojourn in or about the City of London, and other Towns, for that hereby the Countries remained unserved; and Your Majesty did by Your Proclamation dated the Twentieth day of June, in the Eighth Year of Your Majesties Reign, publickly proclaim'd in all the Counties of Your Realm (amongst other things) declare, That Your Majesty having observed, that of late years a greater number of Nobility and Gentry, and abler sort of Your People, with their Families, have resorted to the Cities of London and Westminster, and Places adjoining, and there made their residence than in former times, contrary to the ancient usage of the English Nation, which hath occasioned divers inconveniences: for where by their residency and abiding in several Countries where their Means ariseth, they served Your Majesty in several Places according to their Degrees and Ranks in aid of Government, whereby, and by their House-keeping in those Parts, the Realm was defended, and the meaner sort of Your People were guided, directed, and relieved; but by their residency in the said Cities, and Parts adjoyning, they have not employment, but live without doing any Service to Your Majesty, or Your People; a great part of their Money and Substance is drawn from the several Countries where that ariseth, and is spent in the City in excessive Apparel provided from Forreign Parts, to the inriching of other Nations, and unnecessary consumption of a great part of the Treasure of this Realm, and in other vain Delights and Expences, even to the wasting of their Estates, which is not issued into the Parts from whence it arifeth, nor are the People of them relieved therewith, or by their hospitality, nor yet set on work, as they might and would be, were it not for the absence of the principal Men out of their Countries, and the excessive use of Forreign Commodities.
By this occasion also, and of the great numbers of loose and idle People that follow them, and live in and about the said Cities, the disorders there grew so great, and the delinquents there became so numerous, as those places were not so easily governed by their ordinary Magistrates, as in former times; and the said Cities were not only at excessive charge in relieving a great number of those idle and loose People that grew to beggery, and became diseased and infirm, but also were made more subject to contagion and infection; and the Prices of all kind of Victuals both in the said Cities, and in divers other Places, from whence those Cities were served, were exceedingly increased, and the several Countries undefended; the poorer sort of Your Majesties People were unrelieved, and not guided and governed as they might be in case those Persons of Quality and respect resided among them. Your Majesty finding those inconveniences to arise from thence, and foreseeing that more would ensue if timely Remedy were not provided, did further, in and by Your said Proclamation, declare Your Highness's resolution, for the common Good of Your People, to use all good ways for preventing of those great evils; and observing that Your Noble Progenitors, Kings of this Realm, have used, when for the common profit of the Realm that was necessary, to command the People as well of the Clergy, as of all sorts of the Laity, to keep residence at their Dwellings in the several parts of the Realm, where, for defence and good safety thereof, was most necessary, and to restrain their departure, or changing their Habitation from thence under divers pains, upon the contemners of those commands, Your Majesty did theretofore, in and by Your said Proclamation, straitly charge and command Your Lords both Spiritual and Temporal, Your Lieutenants, and Deputy-Lieutenants of Counties, Your Majesties Justices assigned for conservation of the Peace, Baronets, Knights, Esquires, Gentlemen, and all Clerks having Benefices with Cure, or Prebends, or Dignities in Cathedral or Collegiate Churches, and all other Your Majesties Subjects of the several Parts of the Realm, that had Mansion-Houses, and Places of Residence in other Parts, and were not of Your Majesties Council, or bound to daily attendance on Your Highness, Your dearest Consort the Queen, or Your Children, that before the end of forty days next after the publishing of the said Proclamation, within Your City of London, they with their Families should depart from the Cities of London and Westminster, the Suburbs and Liberties thereof, and places adjoyning, and resort to their several Counties, where they usually reside, and there keep their Habitations and Hospitality, attend their Services, and be ready for the defence and guidance of those Parts, as their Callings, Degrees, and Abilities should extend, upon such pains as were to be inflicted upon those that should neglect the publick Service and Defence of the Realm, in contempt of Your Majesties Command; and that those as well thereby commanded to return to their several Countries, as those which were already there, should upon the same Pain continue the Residency of themselves and their Families there, and do their Duties and Services as aforesaid. And Your Majesty did further, in and by Your said Proclamation, declare, That it was Your Majesties firm resolution to withstand such great and growing evil as aforesaid, by all just ways, and by a constant severity towards the Offenders in that behalf; for which cause Your Majesty gave such timely warning, that none should hereafter presume to offend, nor put themselves to unnecessary charge in providing themselves to return in Winter to the said Cities and Places adjacent, but that they should conform themselves to Your Royal Commandment expressed in Your Highness's said Proclamation, as they tendered their Duties to Your Majesty, or the Good and Well-fare of their Countries and themselves; as by the said Proclamation, which the one and twentieth day of the same Month was publickly Proclaimed in Your said Cities of London and Westminster, and else-where, more at large appeareth.
Yet nevertheless so it is, may it please. Your Most Excellent Majesty, That the Right Honourable John Earl of Clare, Henry Vicount Newark, William Vicount Mounson, John Lord Mohun, Thomas Vicount Fitz-williams, Lord Tunbridge, and Henry Lord Stafford, who hold, and long have holden, Places of Imployment under Your Majesty in several Counties of this Realm; and Sir Thomas Stiles Knight and Baronet, Sir Thomas Staples Knight and Baronet, Sir John Symonds, Sir James Stonehouse, Sir John Ayres, Sir Anthony Bruggs, Sir Peregrine Bartye, Sir Edmond Lenthall, Sir Ralph Gore, Sir Henry Hart, Sir Thomas Littleton, Sir Thomas Thynne Knights, Sir Humphry Foster Baronet, Sir Ralph Maddison Knight, Sir Gregory Norton Knight and Baronet, Sir Edward Payton, Sir Robert Harlowe, Sir John Telbye, Sir George Vane, Sir William Playter, Sir William Hewett, Sir John Savage, Sir William Mounson, Sir George Windham, Sir Francis Godolphin, Sir Walter Devereux, Sir Henry Bowser, Sir Francis Winson, Sir Henry Appleton, Sir Thomas Pope, Sir John Suckling, Sir John Everett, Sir Matthew Mince, Sir Walter Smith, Sir Francis Thornhill, Sir Michael Sands, Sir Edward Bullock, Sir Thomas Fanshawe, Sir Thomas Cannon, Sir Henry Compton, Sir Basil Brooke, Sir John Ogle, Sir Robert Napper, alias Tundye, Sir Henry Atkin, Sir David Roberts, Sir Thomas Walsingham, Sir Thomas Harlowe, Sir Henry Gilford, Sir Theobald Gorge, Sir Lenthropp Francke, Sir Fowke Grivell, Sir Thomas Gardiner, Sir Peter Osborne, Sir Robert Needham, Knights; John Brownlowe, Thomas Pitts, Thomas Luson, Richard Moyle, Edmond Pye, Richard Griffith, George Lassels, and about a Hundred Esquires more, and divers Countesses and Ladies of Quality, as the Countess of Oxford, Dame Jane Lambert, Dame Ellenor Terrhet, &c. John Board, Edmond Bradshawe, George Mustion, Simon Everye, William Tyrwell, Thomas Sandye, John Dennye, Thomas Wytheringe, Richard Bellamy, John Fortescue, Valentine Castillian, Richard Price, John Pymme, William Atkinson, James Jossee, Thomas Waller, James Greene, William Quatkins, Thomas Vachill, Thomas Wroughton, John Cowper, Thomas Mathewe, Edmond Nicholson, John George, James Wetherbone, John Hambleton, Charles Care, Edward Bennet, Hugh Fulwood, John Light, Francis Cawe, Thomas Blake, Thomas Gifford, Geoffrey Brown, Richard Brent, Robert Fiste, Daniel Roper, William Mowre, George Therley, Richard Foster, Thomas Winchfeild, Robert Hutton, Richard Vane, Thomas Arrundel, James Belfore, William Mathews, Thomas Gotts, Sturlcy Bowes, Nicholas Stonehouse, Robert Lovell, John Borndell, Edward Edwards, Roger North, John Nevill, Richard Butler, Robert Brewster, Giles Foster, John Glover, Henry Johnson, John Carrell, Edward Eldrington, Thomas Ellis, Humphry Oaker, John Webb, Peter Honywood, Robert Jason, Edward Rookewood, James Barker, John Chamberlyn, Rich, John Pepes, John Keeling, Adams, Charles Cockaine, George Bowers, Henry Oxford, George Courtopp, Prosper Raynsford, Abraham Blackleich, Hugh Awdley, John Griffith, Edmond Cotton, Robert Cutts, John Adye, Richard White, John Pinchback, who serve in several Offices and Places in sundry Counties of this Your Realm, and ought not to desert their Countries or Places where their Revenue ariseth, and are fit and able to do Your Majesty and the Realm several Services in their Countries: And Countess of Oxon, Dame Jane Lambert, Dame Ellenor Terret, Dame Vrsula Barty, Dame Christian Maven, Dame Deborah Mowdye, Dame Alice Butler, Dame Lucie, Dame Kinsmel, Dame Egerton, Dame Anne Everett, Dame Vrsula Bartye, Dame Jane Hannagh, Dame Frances Manwood, Dame Wilford, Dame Gardiner, Dame Mary Offley, Dame Mountague, Dame Winter, Anne Cotton Widow, Grace Dennet, Philippa Gill Widow, Margaret Cooke, Elizabeth Murrey, and divers others, who still secretly remain, and abide within the said Cities of London and Westminster, and the Suburbs thereof; whose Names, when they shall be discovered, Your Majesties Attorney prayeth, he may have liberty to insert into this Information: and none of them are of Your Majesties Council or Servants, or Servants to Your Dearest Consort, the Queen, or Your Children.
All which said Persons before-mentioned have divers Manors, Lands, Tenements, Hereditaments in sundry Counties of this Your Majesties Realm of England; and albeit all the said Parties are able at their pleasure to provide for themselves meet Places of habitation in other places, than the City of London and Places adjacent, and other Cities and Corporate Towns, and be able to keep House, and relieve and comfort poor needy People in several Parts; yet have all of them, being more led and guided by their own Wills, than any ways affected to yield obedience to Your Majesties Proclamation, unlawfully agreed together how, and in what manner to oppose, resist and withstand Your Majesties said Proclamation, and Royal Pleasure therein expressed; and have had several Meetings, and therein advised and consulted, how and in what manner they might effect the same, and have promised each other to aid, assist, and countenance each other in such their contempt and disobedience. And the said parties afore-named, according to their said Agreements, unlawfully, and contrary to the tenor of Your Majesties said Proclamation, and in contempt thereof, did severally and respectively stay, reside, and inhabit in the said Cities of London and Westminster, and in the Suburbs and Places near thereunto adjoyning, with their Families, for the space of many Months after the publishing of the said Proclamation, and after the forty days therein mentioned were expired, though they had Houses and Places of Residence in several Counties of this Your Majesties Realm of England, as aforesaid, with Lands of good value, and were able in other places to provide Places of habitation where they might, and ought to reside for Service of Your Majesty, according to their Rank, and to guide, direct, and relieve the meaner sort of Your Majesties People, and to serve in the several Places and Offices, wherein they were trusted, (as by the said Proclamation they were enjoyned to have done) and have made shew of leaving the said Cities and Places adjacent, and resorted into Cities and Corporate Towns abroad, and there made small stay, and returned again to the said Cities and Places adjoyning: and by means of such their staying and residing in and about the said Cities of London and Westminster, and Suburbs thereof, those Places have been disordered and disturbed, and the Service of Your Majesty and Your People in the several Countries have been neglected and undone. And the said Parties afore-named, long after the said forty days were expired, being occasioned by some necessary Business and Imployments of their own to repair unto their Houses, or other Places in several Counties in this Your Majesties Realm, did most unlawfully, and contrary to Your Majesties said Proclamation, and in contempt thereof, in further execution of such their unlawful Agreements, and in performance of such unlawful Promises as they had made the one to the other, as aforesaid, after such time as they had severally dispatched their own occasions in the Country, did contemptuously return again to Your Majesties said Cities of London and Westminster, and the Suburbs thereof, where they have ever since, and do still remain and dwell, with themselves and their Families, in high contempt of Your Majesty, and contrary to the tenor of the said Proclamation, and against the Laws; all which several unlawful Meetings and Agreements, Trespasses, Contempts, and other the Offences and Misdemeanors aforesaid, are of a high nature, and deserve severe and exemplary punishment, and remain unpardoned. May it please Your Majesty to grant Your Majesties Writ of Subpoena to be directed to the said John Earl of Clare, Henry Viscount Newark, William Viscount Mounson, John Lord Mohun, Thomas Viscount Fitz-Williams,
Lord Tunbridge, Henry Lord Stafford, Sir Thomas Stiles, Sir Thomas Staples, Sir John Symonds, Sir James Stonehouse, and to all the Persons before-named, commanding them, and every of them, at a certain day, and under a certain Pain therein to be limited, personally to be and appear before Your Majesty, and the Lords of Your Majesties Honourable Privy-Council, in Your Majesties High Court of Star-Chamber, then and there to answer the Premisses, and to stand to and abide such further Order and Direction, as to Your Majesty and Your said Council shall be thought meet. And Your said Attorney shall pray for Your Majesties long and prosperous Reign over Us.
Examinatur & concordat cum Originali.
From my Lord of St. Andrews and other bishops about the Scotish Liturgy and Canons.
May it please your Grace,
We have put our Brother the Bishop of Ross to the pains of a Journey, for aiding the Liturgy and Canons of the Church, and as we have found your Graces Favour both to our Church in General, and our selves in divers Particulars, for which we are your Graces Debtors, so we are to entreat the continuance thereof in this, and our common Affairs. We all wish a full Conformity in the Churches; but your Grace knoweth, that this must be the Work of Time. We have made, blessed be God, a further Progress, than all have here expected in many Years, by His Majesties Favour, and your Grace's Help; and hope still to go further, if it shall please God to continue your Grace in Health and Life, for which we pray continually. And so remitting all things to our Brothers Relation, we take our leave.
Your Graces affectionate Brothers and Servants,
Dated April 2. 1635.
Thomas Lord Coventry, Lord Keeper of the Great Seal of England, his Speech at the delivery of his Charge, as hereceived it from his Majesty, to all the Judges of England, Judges of Assize, in the Star-Chamber, June 17. 1635.
June 17. 1635. The Lord Keeper Coventry's Speech to the Judges in the Star-Chamber.
My Lords the Judges,
The Term being done and ended, the Assizes near at hand, you are to divide your selves for your several Circuits. Circuits are for the service of the King, and the good of the people. They are the execution of the Kings Laws, and the administration of Justice. In the Term the people follow and seek after Justice, in the Circuit justice followeth and seeketh after the People. So gracious is the frame and constitution of the Kings Government, that twice a-year, at the least, Justice followeth the Subjects home to their own Doors, which as it is a great ease of the trouble, charge and travel of the Country: so it giveth the People a better knowledge of Justice, and the ends of it, that they may bless God and the King for the same. It hath been the custom, that before your Circuit you should receive such Directions, as the King, or his Council think seasonable to impart unto you for the Service of the King, and Weal of the People; in the declaring whereof, I shall say but little of the Just Acts you are to do between Party and Party, only that you do equal Right between Poor and Rich, the particulars are left unto your selves, as they happen in your Circuits: but since you are sent by the King to hear the causes of the people, it is his Majesties pleasure that you so hear and order, that they may have no cause to complain to His Majesty, either for denial, or for delay of Justice. Of the tryal of Capital Offenders I shall say as little; that part of Justice moveth in a frame, and if all Officers under you did their parts, you should walk in so streight a path, that you would find it very hard to tread awry; therefore you had need to heed them narrowly, left they prevent Justice.
'Look to the corruptions of the Sheriffs and their Deputies; the partiality of Jurors; the bearing and siding with men of Countenance and Power in their Country: when you meet with such, your proceedings ought to be severe and exemplary against them, otherwise Justice shall be overborn, howsoever you in your own Persons bear your selves with never so much uprightness. And because the time of Assizes is very short, and expireth in a few days, it is necessary, that' you afford as much time as may be, unto those businesses that are most general, and most concern the publick. The Tryal of Nisiprius, and particular causes, they are in the number of those things that are not to be left undone; but those things that concern the general and publick good, you are to account them as the weightier matters of the Law, and therefore you are to take them into prime and chief care and cogitation. Now, among those I shall commend unto you, in the first place, the presenting and convicting of Recusants: for as it concerneth Religion, so it hath Relation to His Majesties profits, which are two great Motives. To which you may add a third, because the King hath, many years since, assigned those Forfeitures to the publick defence.
'2. In the next place, I do require you, that you make a strict inquiry after Depopulations and Inclosures; a crime of a crying nature, that barreth God of his Honour, and the King of His Subjects; Churches and Houses go down together. His Majesty knoweth, and taketh notice, that according to former directions given to you in this place, you have given it in charge unto the grand Inquests to inquire, but to little effect; and without doubt, the Free-holders of England do hate and detest them. Depopulation is an oppression of a high nature, and commonly done by the greatest Persons, that keep the Juries under and in awe; and that is the cause there are no more presented and brought in question: but howsoever your Charge and Inquiry, touching this point, hath not taken effect worthy His Majesties Care, and your Pains; yet His Majesty willeth, that you do not cease, but inquire on still: for it is His Resolution, against all opposition to make all men see, that he hath a care of this over-spreading evil, and of the means of his People; to have Churches and Towns demolished, and his People eaten up like Bread, to satisfie the greedy desires of a few, who do waste as profusely, as they do gather to-gether unconscionably, and bring unto their Posterity that Wo, which is pronounced to those that lay House to House, and Field to Field, to dwell alone in the midst of the Earth.
'3. The next thing that I shall mention to you is, the rectifying, and reforming of Ale-houses and Tipling-Houses; and those I account one of the greatest pests of the Kingdom. First, Therefore let none be enabled, either to set up, or continue without License. There are a kind of People that do take upon them Licenses, Recognizances, or Laws, or what you will; who have been a great deal the worse, because they see a great multitude tolerated, that have no License. And for the Licensed Ale-houses, let them be but a few, and in fit places; if they be in private Corners, and Ill-places, they are become the Dens of Thieves; they are the publick stages of Drunkards and disorder. In Market-Towns, or in great Places, or Roads, where Travellers come, they are necessary.
'Next unto this, let those that be Licensed, be held strictly according to the Law. It hath been observed, and very truly, that in the Taverns, Inns, and Ale-houses in England, by the falshood of their measure, and unjust prices, they have drawn more from the Guest, than out of the sizes of Ale and Beer is exacted by the States in Holland. A strange thing! that People for a publick Work, for any thing that is Good, should be loth to part with any thing; and yet with open eyes to see themselves deceived by such base and lewd people.
'Next unto this, let care be taken in the choice of Ale-house-keepers, that it be not appointed to be the Livelihood of a great Family, one or two is enough to draw Drink, and serve the People in an Ale-house; but if 6, 8, 10, or 12 must be maintained by Ale-house-keeping, it cannot choose but be an exceeding disorder, and the Family by this means is unfit for any other good works, or employments. I have not skill enough to understand all the inconveniences that come from this one ill-fountain, and my Memory will not contain what I have so many times observed of them my self; but your Lordships have a knowledge and experience of them, therefore I will leave them unto you. Only this, because in many places these swarm by the default of the Justices of Peace, that set up too many; and there are none (except your selves at the Assizes) all the year long can meet with this evil, but the Justices of the Peace: and if the Justices of Peace will not obey their charge herein, certifie their default, and Names, and I assure you, they shall be discharged. I once did discharge two Justices for setting up one Ale-house, and shall be glad to do the like, upon the like occasion.
'4. In the next place I will commend unto you the punishment of Vagabonds and Wanderers, to rid the Ale-houses of such unruly Guests; it would make some way of amendment to those Ale-houses: and it cannot be denied but the Law hath appointed hands enow to do this work; the Constable, Headborough, Tithingmen, and the rest of the inferiour Officers, and Watchmen, who may do all with a particular Warrant from the Justices of the Peace: and the Justices of the Peace are bound to call them to an account, and punish them for their neglect. If this were done, and other Officers chosen as they ought to be (not people of little wealth, and as little understanding) but that they were elected out of the better sort of Yeomanry, and the Watches kept by able-men; I am assured these loose people that wander up and down would quickly be gone: therefore you may do well to let it be known in the Country, that the Lords of Leets, and those that have the Election of Constable and Officers, they are by the Law answerable for their Choice. There have been Precedents, that where an insufficient Coroner hath been chosen by a County, the whole County hath been Answerable to the King for the Coroner's fault; and if the Lords of Leets, and their Homagers, and those that make choice of the Constable and Officers, were sometimes awakened by some seizing of their Leets, or Fines, or Quo Warranto, I make no doubt but the Countries would be better served many years after, for some such service done. Therefore I could wish, that this were made known to the Country, that the Lords, and those that choose them were Answerable for their default.
'5. Now for the bringing of loose people in order, the House of Correction had need to be looked unto, and be put in readiness, that those that are Idle may not want work; Ducere Volentes, Trahere Nolentes. And for the Houses of Correction (as it is in some Countries) it were convenient they were placed near the Gaol, that not only Idle persons, but that the Prisoners of the Gaol might be made to eat the labour of their own hands. This as it hath been formerly, so it is now commended by His Majesty to see it effected as soon as may be.
'6. The binding of Apprentices is a thing fit to be pressed throughout all the Circuits. Opposition hath been made against it by some, though without any ground, or Law. Sometimes the Parents are not willing to leave their Children, though they have not meat to feed them at Home; sometimes the Parishioners not willing to give them Cloaths, and sometimes the Masters refuse them, and those that bind them are negligent: but all these must be over-ruled, and made to smart for their opposition. In a word, you are to call upon all to whom it belongeth, but especially the Justices of Peace, to see His Majesties Printed Orders be put in execution. You are to satisfie your selves what Justices of the Peace are diligent in it, and who neglect it, and so to certify to the Lords of the Council.
'7. I have but one thing more to give you in charge, and it is a thing of great weight and importance. It concerneth the Honour of His Majesty and the Kingdom, and the safety of both. Christendom is full of Wars, and there is nothing but rumors of Wars. What hath been done of late years abroad by Fire and Sword, it were a pity and grief to think of; yet we have had the goodness of God, and His Majesties Providence all this while, and have enjoyed a most happy Peace and Plenty. As it is a good Precept in Divinity, so it holdeth in Polity too Jam Proximus Ardet; which if we observed to defend our selves, it would be a warning to all Nations, and we should be the more assured to enjoy our Peace, if the Wars abroad do make us stand upon our Guard at home. Therefore no Question, it hath ever been accounted the greatest wisdom for a Nation to Arm, that they may not be inforced to fight; which is better than not to Arm, and be sure to Fight. The one is Providence, the other is Necessity. Therefore His Majesty in these doubtful times, hath not only Commanded, that all the Land-Forces of the Kingdom should be set in Order and Readiness, but to set to Sea a Royal Fleet, at His Majesties great charge, but with the Assistance of the Maritain-places of this Kingdom. The causes, occasions and times of War, with the preparation and ordering of them, is proper to the King; and dutiful obedience in such things doth best become the Subject; and yet His Majesty hath vouchsafed, even by his Writs, to declare enough to satisfie all well-minded men, and to express the clearness of His Princely Heart in aiming at the general good of His Kingdom. The Dominion of the Sea, as it is an ancient and undoubted right of the Crown of England, so it is the best security of the Land; for it is Impregnable, so long as the Sea is well-guarded: therefore out of all question, it is a thing of absolute necessity, that the guard of the Sea be exactly looked unto; and those Subjects, whose minds are most fixed upon the Honour of the King and Country, will with no patience endure to think of it; that this Dominion of the Sea, which is so great an Honour, should be either lost or diminished: besides, for safeties fake, the Dominion of the Sea is to be kept, and the Sea guarded.
'The Wooden-Walls are the best Walls of this Kingdom; and if the Riches and Wealth of the Kingdom be respected, for that cause the Dominion of the Sea ought to be respected; for else what would become of our Wool, Lead and the like, the prices whereof would fall to nothing if others should be Masters of the Sea. There is a case in the Book of Assize, 43. which putteth me in mind of certain men, that went down into the Country, try, and carried a report, that no Wooll should pass over the Sea that year; upon this they all fell to so low Prices, that the men that carried the Report were Questioned and Fin'd. Now if a Report alone, and that a false one too, wrought such an effect upon the Woolls of England, think what would be wrought by a real loss of the Dominion of the Sea in all our Commodities, if our Trade should be at the Command of other Princes and States. Therefore as His Majesty out of His Great Wisdom, hath found it expedient to set to Sea that Fleet, that is now upon the Sea; so His Majesty being engaged, both in his Honour, and the Honour of the Kingdom, he findeth it to be of absolute necessity to strengthen this with a greater strength, and more Shipping the next year. Therefore upon advice he hath resolved, that he will forthwith send forth new Writs for the preparation of a greater Fleet the next year; and that not only to the Maritime Towns, but to all the Kingdom besides: for since that all the Kingdom is interessed, both in the honour, safety and profit, it is just and reasonable, that they should all put to their helping hands.
'Now that which His Majesty requireth from you, and doth command is, That in your Charges at the Assizes, and in all places else, where opportunity is offered, you take an occasion to let the People know how careful and zealous His Majesty is to preserve his own Honour, this Kingdom, and the Dominion of the Sea, and to secure both Sea and Land by a powerful Fleet, that foreign Nations may see, that England is both able and ready to keep it self, and all its Rights. And you are to let them know how just it is, that His Majesty should require this for your defence, and with what Alacrity and Cheerfulness they ought, and are bound in Duty to contribute unto it; that foreign Nations may observe the Power and Readiness of this Kingdom, which will make them flow to contend with us, either by Sea or Land; and that will be the best way to confirm unto us a firm and sure Peace. This is the substance of all that which I received in Commandment from His Majesty. There are many things else that concern the publick; but your Judgments are well known in them. These are the particulars I had Command to mention unto you; so I will trouble you no farther, but leave them to your Grave Considerations.
July 21. A restraint of the King's Subjects departing out of the Realm without License.
Forasmuch as it is one of the Principal Duties of all the Kings Subjects to attend at all times, the Service and Defence of their King and Native Country, when they shall be thereunto required; and foreseeing what danger might ensue to this State, if People might at their pleasure pass or depart out of this Realm into foreign Parts: for prevention whereof, the King doth Command and forbid all his Subjects, that they, nor any of them, other than Soldiers, Mariners, Merchants and their Factors, and Apprentices, shall at any time, without the King's License, or of six of the Privy-Council, depart out of this Kingdom, or any the King's Dominions, into the Kingdom, or Country of any Foreign Prince, State or Potentate.
July 26. For the suppressing of Prophane Cursing and Swearing.
Whereas at a Parliament held at Westminster the 9th of February, in the 21st year of King James, it was Enacted, That no Persons or Person, should from thenceforth prophanely Swear or Curse, under the penalties therein contained; We taking into Our Princely Consideration the great increase of those sins, which are more audaciously practised and frequently committed by loose and wicked persons; hath therefore for the better suppressing those odious sins, by Letters-Patents, dated the 21st of July last past, erected an Office for the receiving of the Forfeitures incurred by such Prophane Swearers and Cursers; and hath thereby appointed Robert Lesley Esquire, one of the Gentlemen of the King's Privy-Chamber; by himself and his Assigns, that he shall in every Parish within this Kingdom attend that Service and Office, for a certain number of years therein contained; and shall and may receive the Penalties appointed by the said Statute, from all Person and Persons offending against the Tenure of the said Act; and that the monies arising thereby shall be paid to the Bishops of the Diocesses, to be distributed among the Poor of the several Parishes. And all persons employed herein shall be exempted and freed from bearing any other Office, or Charge in the Parishes where he and the rest shall dwell.
July ult. The King settles the Letter-Office of England, and Scotland.
To this time there having been no certain or constant-Intercourse between the Kingdoms of England and Scotland, His Majesty hath been pleased to Command his Servant Thomas Witherings Esquire, His Majesties Post-master of England for foreign Parts, to settle one Running-Post, or two, to run night and day between Edenborough in Scotland, and the City of London, to go thither and come back again in six days; and to take with them all such Letters as shall be directed to any Post-Town in the said Road, and the Posts to be placed in several places out of the Road, to run, and bring and carry out of the said Roads the Letters as there shall be occasion, and to pay two-pence for every single Letter under four-score Miles; and if one hundred and forty Miles, four-pence; and if above, then six-pence. The like rule the King is pleased to Order to be observed to West-Chester, Holyhead, and from thence to Ireland: and also to observe the like Rule from London to Plimouth, Exeter, and other placees in that Road; the like for Oxford, Bristol, Colchester, Norwich, and other places. And the King doth Command, that no other Messenger, Foot-Post, or Foot-Posts shall take up, carry, receive or deliver any Letter, or Letters whatsoever, other than the Messengers appointed by the said Thomas Witherings; except Common known Carriers, or a particular Messenger to be sent on purpose with a Letter to a Friend.
August 24. The King declares his Royal Grace and Pleasure to confirm to his Subjects their Defetive Estates, in their Lands and Possessions, by His Commission lately renewed and enlarged to that purpose.
Whereas for the good of the Subjects the King hath been graciously pleased to renew and enlarge his former Commission of Grace, and hath thereby Authorized the Lords, and others of His Privy-Council, and some of the Judges and Learned Council to Sell, Grant and Confirm to the People their Defective Estates, Possessions and Titles, being void by insufficient Grants, or By-Patents of Concealments; and notwithstanding the Subjects slackness in taking hold of that favour, yet the King, out of a desire to settle His Subjects in their Estates and Possessions, is once more pleased to make known these His Royal Intentions of favour to such as shall timely embrace the same, upon moderate Compositions, and that they repair to the King's Commissioners in Fleetstreet before Hillary Term next; and such as do neglect, the course of Law shall be taken against them, to reduce those Lands to the Crown again.
The Case of the Church-Wardens of Beckington in Somersetshire.
The Church-Wardens of Beckington in Somersetshire were Excommunicated by the Bishop of Bath and Wells, for refusing to remove and Rail in the Communion-Table, and pull down the Seats that stood above at the East -end of the Chancel. They appealed to the Arches, and after much solliciting, procured from Sir John Lamb, Dean of the Arches, a Letter to the Bishop to absolve them for a certain time; which he did for a few Weeks, and afterwards excommunicated them again. The Church-Wardens appealed to the Arches the second time, with a Petition to the Arch-Bishop, and a certificate from the Parish, that their Communion Table had stood time out of mind in the midst of the Chancel, being the most convenient place; and that near Threescore years ago the Pavement of the Chancel, whereon the Table stood, was new made and raised a foot above the rest of the Chancel-ground, and inclosed with a Decent Wainscot-Border, and none went in there-at but the Minister, and such as he required. Their Appeal was rejected, and they threatned with the High-Commission, and commanded to obey their Diocesan. After this they petition the King, but with no success; for it was suggested, that if those men had their Wills, many of the Parishes which had already conformed would fall back, and others would never come in. The Church-Wardens stood excommunicated a whole year, and afterward were taken, and cast into the Common-Gaol, where they lay a long time. Whence at length they were released by the Bishop, upon their publick Submission and Penance, performed in the Parish-Church of Beckington and two other Churches.
September 6. The King declares for preventing the Abuses of Informers, Clerks and others in their Prosecutions upon the Laws and Statutes of this Realm.
Whereas for the more due execution of the Laws and Statutes of this Realm, and for the better reformation of the abuses of Common-Informers, in their unjust Prosecutions and Vexations of our Subjects; the King by His Letters-Patents under the Great-Seal, dated the 20th of February, 5 Car. 1. did confirm the Office of Receiver and Collector of Fines and Forfeitures due upon penal Laws, formerly erected by King James, in the 18th year of His Reign; and thereunto the King united and annexed the Surveying, Registring, Collection and Receipt of Fines and Forfeitures, for transgressing the Common-Law of this Realm, and of all Recognizances thereupon grounded, which should be forfeited in any Courts of Justice and Judicature, and of all sums of Money due or growing, by reason of any Information, Bill, Plaint, Suit, Action, Presentment, Composition, Verdict, Judgment, Execution, or other Proceeding Commenced by the King's Attorney-General, or by any common Informer against any Offender for Transgressing the Laws, since the 31st of Queen Elizabeth; except the Collecting of Fines and Forfeitures due, or to be due by any Sentence of our Court of Star-Chamber, or of the Court holden by the Lord President and Council in the Marches of Wales, and in the North part of this Kingdom, or in any Court Leet, &c. whereof the Collection was by any Letters Patents granted to any other Person before the 15th of October, in the 18th of King James.
And whereas the King hath by Letters Patents, Granted the said Office to James Chambers Doctor of Physick, and Edward Brown, Esquire, for term of their Lives, to be executed by themselves or their Deputies; but notwithstanding the several provisions made in the said Letters Patents, for preventing Fraud and Abuses, committed by the subtile practises of Common Informers, Combining with under Clerks, they have prosecuted the King's Subjects, for their private Gain: for preventing of which Abuses for time to come, the King doth Charge and Command, that the Directions following be observed, upon pain of the Kings high displeasure.
Which being very long, see at large in the Appendix.
November 1. A Restraint of Excessive Carriages to the destruction of the highways.
That in the Reign of King James, and since the King's access to the Crown, several Proclamations have been published for the restraint of excessive Carriages, to the destruction of the Highways; and yet by daily experience those great Abuses are still continued and increased to the publick Nuissance, and likely to hinder the general Commerce of People, and become unrepairable, without excessive charge and burden to the Country: The King therefore by the Advice of the Lords, and others of the Privy-Council doth Command, that no common Carriers or other Persons, do upon the Common High-way, go, or Travel with any Wagon, Cart, &c. whereon is, or shall be laid at once above two thousand weight, nor to use above five Horses, or above four Oxen and two Horses, or above six Oxen without Horses at any one time; and because such extraordinary Carriages have heretofore, by the opinion of the Judges, been held to be general Nuissances, the King doth Command all Judges and Justices diligently to inquire after these Offences.
In the month of November, Mr. Samuel Ward, a Minister in Ipswich, Preached against the common Bowing at the Name of Jesus, and against the King's Book of Sports; and further said, that the Church of England was ready to ring Changes in Religion, and the Gospel stood on tip-toe, as ready to be gone. For this he was censured in the High-Commission, and there suspended, injoyned publick Recantation, which he refusing, was committed to Prison, where he lay a long time.
November 10. 1635
The Charge of the Bill is for a gross deceit and cosenage by Sir James Bagg of the Plaintiff, and in that of the abuse of the Name of the Lord Treasurer Weston.
Star-Chamber. Sir Anth. Pell Plaintiff. Sir James Bagg & Alios Defendants.
The Case was thus; Sir Anthony Pell being Surveyor and Keeper of His late Majesties Hawks, Aug. 2 Car. the King gave direction for the payment of 7000l. unto him, as due from His Majesty.
Quarto Car. this was unpaid, and to prove this the Plaintiff lent the King 3000l. more, and had an Order of the Council-Table for the payment of 4000l. part of his great debt upon the farm of the Customs, which was paid accordingly; and the 6000l. residue to be paid by levying of Tallies of the first monys that should come into the Exchequer, upon the imposition of Coals, benefit of Soap, Recusancy, or otherwise; failing of all these, notwithstanding his attendance on Sir Richard Weston Lord Treasurer, 12 October 5 Car. he did Petition the King, acquainting him with the said Order, and that he had received no Payment or Assignment of the 6000l. His Majesty answered, That he found great reason in the Plaintiffs request, and commiserated his hard Estate, and referred the consideration thereof to the Lord Treasurer, to take the best and most speedy course which might stand with His Majesties other affairs for the Plaintiffs satisfaction, with which he acquaints the Lord Treasurer; That the other Defendant Sir James Bagg often resorting to the Lord Treasurer's House, and there meeting with the Plaintiff, subtilly insinuated himself into the Plaintiffs acquaintance, and told him that he had a great and inward relation with the said Lord Treasurer, and was a great negotiator of business which passed the Lord Treasurer's hand, and offered himself an Agent on the Plaintiffs behalf to the Lord Treasurer for procuring Assignments for the 6000l. and did scandalously pretend to the Plaintiff that there was no hope for him to obtain satisfaction for his 6000l. and damage for forbearance thereof, but by giving some reward to the Lord Treasurer; and did affirm to the Plaintiff that he had former experience thereof, and had laid many a thousand pound upon the said Lord Treasurer's Table, and under his Beds head for business of like nature; and told Sir Anthony, that if he would promise him the said Sir James 500l. on the sudden to supply the Lord Treasurer's present occasions, he would forthwith procure from the Lord Treasurer good Assignment to be made for the 6000l. and damage for forbearance, and all other monys due from His Majesty to the Plaintiff for arrear of Wages, which amounted to above 12000l. Whereupon in December 8 Car. he procured a Friend to lend 500l. for the said Lord Treasurer's use, as Sir James pretended, and took a bond of Sir James and one Harris to pay the same at six months; notwithstanding this promise the Plaintiff attended above a year, and nothing could be done. Then Sir James Bagg by confederacy with the other three Defendants, did in November 9 Car. affirm to the Plaintiff, that if he would give 2000l. more to the Lord Treasurer for a gratuity (whereby to draw 2000l. from the Plaintiff, and then to share it among themselves) he would procure the Lord Treasurer to make Assignments before St. Thomas day next following for all the Plaintiffs Debts, Arrearages of Wages and Damages; whereupon 4 Decemb. 500l. was borrowed at Interest of Sir William Acton, and 500l. of others, and Sir James Bagg and Sir Richard Tichburn were bound for the payment of this 1000l. 21 Decemb.
The 21st of December came; then Sir James affirmed to the Plaintiff, that the business was dispatched and Assignments made: but yet the Lord Treasurer would have the other 1000l. in hand before the Plaintiff should have the Assignments, and ult. January he should not fail of them. The Plaintiff upon the engagement of his whole estate procured 1000l. more, and also upon Sir James Bagg and Mr. Gibbons's Bond to repay the same 30 January; which Bond to Sir James and Gibbons was in trust to the Plaintiff, that upon such Assignments to be made 30 January, both his last Bond and his other Bond to Sir Richard Tichburn should be delivered up to be cancelled: besides this 2000l. delivered to the hands of Sir James for the Lord Treasurer's use, as he falsly pretended, he caused the Plaintiff to undertake to pay Owen Brett and Charles Escourt 760l. which Sir James owed to them, which was to be a reward for his own pains for procuring the Plaintiff his Assignments, he still affirming that the 2000l. was paid to the Lord Treasurer for a gratuity.
Nov. 10. 1635. Sir James Bagg his Answer.
The Defendant Sir James Bagg in his Answer denied the charge of the Bill to be true in any part of it, and thereupon the Plaintiff and Defendant went to Issue, and examined Witness, and the Cause was brought to Hearing, which held the Court several days; and this day was appointed for the Lords to give their Judgment and Opinion in the Cause, the debate and consideration whereof, and the many Speeches made by the Lords, held the Court sitting from nine in the Morning till four in the Afternoon; and then the Court was divided equally in Judgment, there being Nine of the Court for Sir Anthony Pell, and Nine for Sir James Bagg. The division was in manner following.
- 1. Lord Cottington, pro Bagg.
- 2. Chief-Justice Finch, pro Pell.
- 3. Chief-Justice Bramston, pro Pell.
- 4. Secretary Windebanck, pro Bagg.
- 5. Secretary Cook, pro Pell.
- 6. Sir Henry Vane, pro Pell.
- 7. Bishop of London, pro Bagg.
- 8. Lord Barret, pro Pell.
- 9. Lord of Holland, pro Pell.
- 10. Lord of Carlile, pro Bagg.
- 11. Lord of Dorcett, pro Bagg.
- 12. Lord Marshall, pro Bagg.
- 13. Lord of Lindsey, pro Pell.
- 14. Duke of Lenox, pro Bagg.
- 15. Lord Privy-Seal, pro Bagg.
- 16. Arch-Bishop of York, pro Bagg.
- 17. Arch-B. of Canterbury, pro Pell.
- 18. Lord Keeper, pro Pell.
It was at this time discoursed by the Auditors then present in the Court, that the Speeches then made, were rather pro Amico, than pro Quer' aut Deff.
At the hearing of this Cause the Queen was present in a Room that had a Window looked into the Court, she came in favour of Sir James Bagg, as was conceived.
Memorandum, That Mr. Arthur the Register, before he had drawn up the Decretal-Sentence received a Warrant under the King's hand to forbear Entring the Censure of the Court in this Cause, as regularly His Majesty might do by the Rules of this Court, for Informations in the Star-Chamber are directed to the King's Majesty himself; and accordingly the Decretal Order was stopt from being Entred: But how the Matter was composed afterwards we know not.
It is to be observed as another Rule in that Court, that if the Court be equal in Voices, the Lord Keeper hath the Casting-voice, in like manner as the Speaker hath in the House of Commons, who being in his Judgment for Sir Anthony Pell, the same was to have been Decreed, and entred accordingly for Pell.
It would be too tedious to the Reader to have all the Harangues and Speeches made this day set down at large, and the Repetitions upon Repetitions, by some Lords, of what others did speak, would take up time to repeat; we omit them therefore at large, only to satisfie the Readers curiosity we insert these two.
Lord Chief Justice Finch his Censure.
The Charge of the Bill is for a gross deceit and cosenage by Sir James Bagg of the Plaintiff, and in that the abuse of the Name of an Honourable and Great Lord. Take these two Charges asunder, or severally, there is not one of them but of great weight and consequence: and put them both together, and it is of as great a weight as any Cause in this Court. Take them severally, I will not say that every cosenage or deceit is fit for this Court: But if a fraud or cosenage be accompanied with a publick inconvenience, or reflecting upon the Justice of the King, it hath ever been held fit for this Court to take notice of it.
In Matter of Bargain and Contract between Man and Man, if he will make his fraudulent Conveyance, he hath his Remedy at Law and in Equity, and yet of late many Presidents your Lordships have made, because it tendeth to the publick Damage of the Common-Wealth; and in many other Cases I hold this Bill, as it is laid, to be of danger and consequence, not only in regard of the Publick, but of the Reflection upon the King. For the Publick, there is nothing more dangerous, or of less comfort to the Common-Wealth, than when there shall be Panders and Brokers about Judges, for the Administration of Justice.
For my part, let him be a Minister of Justice, or of the King's Revenues, that shall have any Servant or Familiar, who will take upon them, in the name of their Master, under shew of carrying on their Business, to take a Reward, but for the procuring of just and due Debts: My Lords, I shall ever hold it to be of that danger and consequence, that I had rather see both punished, than one to escape.
And for that part which concerneth my Lord Treasurer, it is true, I will not say if that had been the sole Charge of the Bill, I would have held Sir Anthony Pell a fit Party to complain in this, or to be the Judge of this, or to manage it: But I shall leave that to be followed in such course as the King's Attorney shall direct.
And where in this Case, or any other Case it shall be accompanied with any deceit to the Party, that will enable any private Man to be a fit Complainant in this Court; therefore for the scandal, which I hold of a great and eminent nature, if it had been the single Charge of the Bill, I should have given my voice to have thrown it out; but as the Charge of this Bill is laid, it is a gross cosenage of the Plaintiff. This is drawn in by an aspersion upon the great Lord; and in this Case I cannot but hold Sir Anthony Pell to be a fit Person to complain in this Court, and to mingle that with the scandal upon my Lord:. It was therefore wisely done of the Defendants to wage their demurrer. My Lords, in this Case I do find the Parties interessed are the Plaintiff and Four Defendents; but it is true, there is another interessed in this Cause, and that is the Honour of a great Lord, who as he did bear an Office of great Trust, so he had great Trust reposed in him. And I do not blame my Lord of Portland, that he is eager in vindicating the Honour of his Father, which hath descended unto him, and to discover that this Bill was put in as a Cloud to hang over his Father. I shall, as my Lord that last spoke, leave him freely to take his course, be it against whom he will.
In truth, my Lords, I do remember what that great Lord did here in Court earnestly move your Lordships, that this Cause might receive all the expedition that could be, that this Cloud might not hang over him, that when it came to a hearing, to repair him by some exemplary Sentence. This I know your Lordships do remember, and will be as ready to do for him, as if himself was living.
For, my Lords, in this Cause I must deal clearly, that I hold it little better than a non liquet, either to be punished by some exemplary Sentence upon the Plaintiff, or Defendants, or some of them, let it light where it will: For, my Lord's Honour all this while having been a Defendant in the Hearing of the Cause, is now justly, upon the Hearing, become Plaintiff. The Bill layeth it plainly to be a scandalous aspersion cast upon my Lord Treasurer by Sir James Bagg, but no part of the Bill doth trench upon my Lord Treasurer; so that the Honour of that great Lord, instead of a Defendant, is now worthily before your Lordships a Plaintiff, and requireth as much vindication, which must be by sentencing the Plaintiff or Defendants, for a foul and scandalous Libel.
In this Cause I must say something for a general delivery of my self to your Lordships, before I descend to the particular Parts of my Sentence.
Under favour, I hold it a great error, that any should think, that in every Cause in this Court, a Man must for every Particular, or Phrase that doth countenance to prove the Bill, have two Witnesses. If one be charged with oppression, you do never condemn without two Witnesses.
I conceive witness in the same, though but singularis Testis shall serve.
For to say, that Sir James Bagg did utter these and these words, every Phrase in this is not to be expected to be proved by two Witnesses, by the course of the Court. In any Case it is an error to think, that two Witnesses are of necessity, for one Witness and Circumstances, (as others do aver) amount to a further Witness, to draw on your Lordships to your Sentence: But I do hold in this Case, there will fall upon some of the Defendants a full Proof upon two Witnesses.
For the Defendant, Sir Richard Tichburn, near in Blood to the late Lord Treasurer, I do hold him a Man of worth, and I am glad I do find him so. And for my part, if the course of the Court will allow him remedy here, I shall willingly condescend; but however, I shall desire that there may be mention made of his clearness.
For Mr. Gibbins, I find him clear in this Case, and so I leave him.
For Mr. Lake, I find some touches of him, but not such as shall any ways move me to a Sentence. Mr. Lake did direct the making of the Petition; I clear him.
For Mr. James Bagg, I should be as glad to acquit him as any of the rest, but I must deal clearly. I cannot, I will not say, that Sir James Bagg is guilty of every Particular in the Bill. I do wonder to find so much in a Case of this nature; I do not think it necessary that every Particular in the Bill be proved; Circumstances may perhaps be added by Councel, put in to draw out interrogation of the Party to make the Truth appear: And yet I must needs say, that of some words in the Bill there is no proof made. As that Sir James Bagg should say, He had laid many a Thousand Pounds under my Lord Treasurer's Pillow for Business in that kind; for which I should sentence him.
My Lords, In this Case that doth concern Bagg, it is very hard to divide the oppression severally from the scandal on my Lord Treasurer. I cannot make any thing of the Cause and take it all asunder.
The first thing I begin withal, is the Particulars of the Money. 2. the 500l. borrowed of Sir William Acton Dec. 4. 1633. I find it is proved the Plaintiff did not intend to borrow it for himself, but for Sir James Bagg; I find that Sir James said, the helping him to this Money would be a means to help him to the Assignments. Sir James Bagg said it would do the Plaintiff a curtesie. If Sir James had done no more, but drawn a Man to lend him Money for such a dispatch, I would have held it a Crime fit for the Sentence. Hem, hem, hem, hem, Leave that fashion, (meaning of heming ) I only speak of this to this purpose, to shew how this Money was borrowed, and that the application of borrowing it, was in relation to the Assignments. The Money was borrowed 4 Dec. to be paid the 21st of December; so it was but a borrow for seventeen days. And if it were Sir James Bagg's own Money, why did he tell him, Pell should be his Pay-master. When 21 December came, Bagg did desire continuance of the Money till the latter end of January, and in that time he would effect his business.
Next Sum was the 500l. borrowed of Mr. Herne, of which the Plaintiff was never possessed; it was delivered to Sir James Bagg's Man, and this was payable long after the time of the Assignments: Their Sum is 300l. in Dec. 21. upon a Letter 17 of Dec. Sir Anthony Pell, I pray you send me 500l. to my Lodging. It seems he had the Plaintiff in a String. It is objected by Sir James Bagg, the Plaintiff was so careful of good Security, that he would not part with the Money, unless Mr. Escourt would be bound, that Mr. Gibbins should Seal. If never so good Security, if they were in his hands, how might he have handled Sir Anthony.
When Sir James was that night at the King's-Head, and saw the Money did not come; saith one Witness, Sir James said He (meaning the Lord Treasurer) could not sleep; he said also at that time, If it were not delivered, the Plaintiff's Business would be dashed, and fall more backward than ever it was, the Plaintiff would be undone it staid so long.
Your Lordships finding this Deposition not to agree, appointed Marsh to be heard, as it was in the Case between Vaughan and Vaughan, and sent for the Witness hither, who did explain the Deposition, and your Lordships gave credit to that Explanation; so for Marsh, for my part I must deal clearly, I shall take his Explanation according to the Rules of this Court, to be clear and express, that he said, My Lord Treasurer could not sleep that night: yet not to forget Mr. Examiner by the way, I find that he hath committed as great an abuse, as could be put on the Court. I find many Depositions very obscurely set down; for Sir William Acton's Deposition, and his variation afterwards, adds little credit to his Person. I find cunning enough in the Examiner, to excuse the entertaining of Sir James Bagg at a Tavern. I do not forget his threatning of Marsh about his Explanation, That my Lord Treasurer could not sleep. I cannot in my Conscience be satisfied of his carriage in this Cause, I shall never hold him a person fit to bring things to a clear Judgement before your Lordships.
When this 100l. came at last, and he had put it up: Come let us make haste to Wallingford-house, for I must pay it away presently, and if it had not come, the Plaintiff's business had been loss. So I see still, if he might not have the Money when he would, and how he pleased, your Business would be undone.
For the 500l. of Harries, what was between Bagg and Harries, I know not; it may be possible, that Pell might help Bagg to this for Harries's Good and his own; but this was lent at the Plaintiff's instance, and said he would not have lent it, but to be a means to help the Plaintiff to his Assignments.
This was but a Mask that Sir James put upon the business, to draw him up and down with a hook in his Nose which way he would.
For the 700l. owing to Owen Brett, it was very true that Pell was not ingaged for this; for I remember the Reason why he put him off, for perhaps he might come short of it.
Thus for the Particulars I have run through. There are two other things untouched; I am very tender to enter into these things that concern the Revenue of the Kingdom; but coming necessarily before your Lordships in Judgment, I cannot but take notice of the 7000l. that it should be cut off by the agreement of Sir Anthony Pell, I find that is so by His Majesties Letter omni exceptione; and that my Lord Treasurer did testifie that it was so: Therefore, my Lords, to enter into the consideration or discussion of that, I will not; but this, my Lords, I will say, that in the Books I find no proof it was Sir Anthony Pell's agreement: If I did, I hope it not material.
It is apparent by Sir Robert Pye's Certificate, that 13000l. was due to him; and I presume that Man is of so great worth, that I think he looked narrowly unto it, before he would make any Certificate; but to say the Debt was full so much, I dare not, but leave it to those to whom it doth belong under the King to do it.
It is true, I find it testified likewise, that 3000l. was to be advanced for the King's Service: Whether Sir James Bagg informed my Lord thus, or he spoke with Pell, I know not; but for Bagg's advancing of 2000l. truly my Lord I must deal clearly, whether he did or not it is not material; but I find if he did, it could not be in respect of Pell's breaking with my Lord Treasurer, and failing to perform; for this Bill under my Lord Treasurer's Hand of the Receipt of Bagg's 2000l. was 9 July. And Mr. Lake writ a Letter to Mr. Bond 15 July, to keep Sir Anthony Pell to 3000l. and then the Assignments were not Cancelled. But would Sir James Bagg suffer poor Sir Anthony Pell to be undone for the want of a Thousand Pounds? for Bagg had 2000l. in his Hands of his, and for 1000l. more he might have been able to have advanced 3000l. to get the Assignments. Suppose Pell was but his Broker, to take up Money for him, would Bagg suffer the Plaintiff's Business to perish, or his Assignments to go back in such a strait? I must needs in my own Conscience say, it was one of the hardest passages in the Cause, and I do wonder that Sir James Bagg, who hath been so careful to prove every thing that he is wanting as to the Privy-Seal; my Lords, it is objected that there is no proof of a Reward, I should hold Bagg a Fool if Sir Anthony Pell should prove a Contract. And for the delay, I shall not trouble your Lordships, you have seen his many Letters; but I wonder Sir James Bagg would be so zealous to neglect the King's Service of special Trust, and attend here seven Months to effect and dispatch this business for the Plaintiff, and all this for nothing. And when he had been seven Months, and brought the business to an effect for the changing the 2000l. he had but in the name (meaning to say it was Pells 2000l. and not his) to make this poor Gentleman lose all. I cannot in my Conscience let this pass, the very Act of the managing of the business doth much reflect upon the Justice of the King, who gave a most Gracious Answer to Sir Anthony's Petition, in saying He commiserated his Case, and gave special direction for the speedy payment of his Monies. And yet by Bagg's deceit and cosenage, I pray God no Man have occasion to say that it is an Epidemick Disease: It hath been said, (meaning my Lord Cottington ) suppose he had the Money, is it a crime, if a Man undertake to effect a Business for another, will not the Court of Justice allow him for his pains? For my part, I will be none of those Judges to give my opinion so; and I think if he come into Chancery, he will have but small comfort.
Now my Lords I will come to the Point of Scandal.
The first Proof for this, that this was with a Judgment, (saith Baxter ) He must give a Reward to my Lord Treasurer, for he had experience of it. This cometh not very short of the Scandal, of laying many a Thousand under my Lords Pillow. The substance of the Proof cometh close to it; and though Baxter be Singularis Testis, yet I shall join him with others. I shall in the next place observe all the cunning expressions of the Defendants: He could not sleep that night, he must to Wallingford-house, the Business will be undone, and go more backward than ever. He that hath Wit, and knoweth how to carry himself, to put such odious reflections upon my Lord Treasurer, deserves to be severely punished. I am satisfied in my Conscience he did this cunningly, to make the Plaintiff believe my Lord Treasurer was to have it: Then (my Lords) laying all these together, and that of Owen Brett, it is apparent from him and the other Witnesses. I find none of them discredited, though it is a dangerous Case; and I do not know how any Cause of the King may perish if such a gap be opened, as never to take exception to a Witness, but just at the hearing to blow upon them, (meaning by Sir James's Councel) and to say they were Serving-men or Foot-men; who but Servants can best tell of any Passages between their Master and others? I do take them to be upright and good Witnesses; he that sweareth Sir James took that Execration upon him (meaning God damn me) that he was never a Peny better for his Money, my Lord Treasurer had it all. Add this to Marsh, that my Lord Treasurer could not sleep till he had the Money: And that of Owen Brett, it will add a little Grain to the Ballance, whom I do find no ways disparaged. I do find it confirmed by Turner, that Bagg and Lake told Jones, (as Jones said) that My Lord Treasurer had the Money, and so Jones spared not to tell them his mind; and this spoken from a Man that was in a Consumption, to another, I do crave pardon if I do not altogether decline this.
I do hold Sir Anthony Pell in this Cause so far from having an Imposition of Fine pro falso clamore or non liquet, as that I conceive he hath just cause for this Bill, and to hold Sir James Bagg guilty in this Cause foully. I do adjudge him to pay 5000l. to the King, and Imprisonment during the King's Pleasure, and that in the Tower; and for the Offices which he doth hold, Two of great Trust and Weight about the King, truly, my Lords, I know the King doth understand the worth and value of his Servants, as well as ever any King in Christendom did; I will not take upon me the boldness to displace a Servant of the King's, or take him from his Service, but in all humility shall offer my advice to His Majesty, that I do not hold Sir James a fit Man to be trusted in a Place of that Importance, or to meddle with any Actions of the King, in which how he hath carried himself I know not; I shall leave your Lordships to consider of the condition of the Treasury.
I can do no less than adjudge Bagg to repay the 2000l. which is not yet paid, and for which the Plaintiff is ingaged. I do find 500l. paid to Acton, and since the Bill came in or about that time; and I do adjudge him to pay to the Plaintiff for Damages Fifteen Hundred Pounds.
Some Notes of my Lord of Canterbury's Censure.
This is a Cause of great danger, I shall be as short as I can, (before I speak of the Defendant) I shall speak of the great Minister of State. If the Court think fit to leave it to my Lord of Portland to vindicate his Fathers Honour, I shall do so to. I do remember what both my Lord Chief-Justices have said, whether this Charge can be severed from the Scandal or not? whether a necessity to name the Lord Treasurer or not? I do conceive it to be unavoidable. If a necessity in using his name, then what fault in Sir Anthony Pell ? If no necessity, I must condemn Bagg for being in a far greater fault, that by his open mouth so much vilified the Honour of the Name of my Lord Treasurer. I descend to the delivery of my Judgment clearly, and am of opinion that my Lord Treasurer's Honour standeth right in this Court, there being nothing by way of Proof or aspersion that can fasten upon him. If any thing, it must arise from the Plaintiff, or from the Defendants. And I shall be as ready as any Man to protect the Honour of that great Lord, be it against Pell or Bagg, or whom-else soever. But (My Lords ) if it be a fault in Sir Anthony Pell for the spreading of this, the fault must light upon Sir James Bagg, for he gave the occasion of all these Reports.
Having, as far as lyeth in me, done the Duty I owe to the Dead, whom I hold to be clear in all, I shall fall upon the Particulars. First, for the Examiner, I never knew so many gross abuses in any Cause by an Examiner, as in this. If this Course be held, any Cause of the Kings may be overthrown. Since I had the honour to sit in this Court, never such gross abuses were committed by an Examiner. That Order may be taken with this base Examiner, I hold him to be the most unworthy fellow, and a Cut-throat of any Man's Cause.
For Sir Richard Tichburne, I hold him innocent from any aspersion; but I can give no reparation. What if Five or Six Defendants, and only Proof be brought against them, One or Two, shall this fall soul upon the Plaintiff for want of Proof?
For the Plaintiffs Debt, I shall not say any thing, nor think it a Crime, that Pell was delayed in the payment of his Money; for the King hath a great many very great publick and important occasions, that he cannot pay all upon demand: And withal considering that the original Debt was but 7000l. and it suddenly grew to above 13000l. therefore the Lord Treasurer had need to look about him. God forbid, that upon main occasions, when the King promiseth a Suit (perhaps directly) of so much Money, and is not presently paid, that the King must pay Interest for this; this is no fair usage of the King.
The thing that troubleth me is this, of the Attendants on the Lord Treasurer. If the Lord Treasurer have a near Kinsman, or Secretary, or any other imployed for him, if those Men shall be corrupt, or do those Acts which shall make the World believe it is so, it shall be as much as if they were really guilty. For by this means the People will run on with an Opinion of Bribery and Corruption: They cannot have it out of this great Man's Hand, but they must go that way of Bribery to the Secretary for it. It shall not only bring great Men into despite, who perhaps never heard of it; but Men when they cannot have their Money without going this way, care not what they do.
Because he nameth the great Officer in the Bill, is it a scandal? must this be a Terror to any Man for doing the King's Service? Oh, but there is meddling with the King's Revenue! What hath Sir Anthony Pell to do with it? If there be but a possibility of fraud, shall the King have no Court of Justice to do him right? If it come to this pass, that no abuse concerning the Revenue must be questioned, the King shall never know what the Escheat is.
Here are four Defendants.
For Sir Richard Tichburne, the Lord Treasurer had no dishonour by him; a Gentleman of an ancient Family, and very worthy as any Man: therefore I shall concur, that the Sentence may be drawn up with a fair Mention of his manifest Innocency throughout the Cause.
For the Second Defendant, Mr. Gibbins, I do clear him.
For the Third Defendant, his Secretary Mr. Lake, I am very sorry to meet him here upon this occasion, not that I shall Censure him, but yet somewhat sticketh with me, and that is his Letter to Mr. Bond, that upon his Faith and Credit he had Assignments of 6000l. in keeping for the Plaintiff. Should he be so adventurous as to write so without his Lord's privity? It troubleth me the more, partly for the Proof of it, because there are Six days between Sir James Bagg's Advancement of 2000l. and Mr. Lake's Letter to Bond to help Sir Anthony to 3000l. therefore a fraud is contrived in some kind: Yet I shall acquit Mr. Lake, though I cannot think so well of him as I have done.
Now as for Sir James Bagg, I do not stand upon it, whether Sir Anthony Pell is damnified in this Business, yea or no? the Question is, what fraudulent Practices here are by Sir James Bagg ? And if there be but an Intention to do the same, I hold him as guilty as if he had done it. Joyn this together with his using of my Lord Treasurer's Name to lend these Monies, that so he might be inticed by that meerly to get the Assignments; I do hold this Practice to be criminal in this Court.
The Proof is, That he had Experience in Businesses of this nature; he was to have but Seven Hundred Pounds for his pains. He must to Walling ford-house: though in answer to this it was wittily observed by Sir James Bagg's Councel, this Construction, (sensu diviso, sensu composito ) that he must pay the Money, and then presently to Walling ford-house and pay the Money there.
If Two Witnesses not concurring in Time and Place, yet if they concur in proving the Crime, they are of force to me, they all come home to this Plot and Practice. I should be of opinion with my Lord of London if these things were several.
But consider the Shooe-horne they draw on by the Name of the Lord Treasurer, and the Plot will appear.
I find this Money pretended to be for my Lord Treasurer, though it was never paid back again, nor ever tendred; and yet what a glorious defence at Bar was offered, that Bagg would not pay it till the Bill came in. For why? because that the World should not take notice, that he was afraid of the Bill. This is but a gloss and weakning of himself. All the World may see, if it had not been for the Bill, Sir Anthony Pell should never have had his Money. It is even as if one fall upon another in the High-way, and they rob him, and make him enter into Bond, that he will not question him hereafter; and then others come and see them, then he that robbed him answers, Here is your Money, I did but borrow it. I conceive the getting of the Money by Bagg from Pell as bad, as if he had gone away with the Two Thousand and Five Hundred Pounds.
I agree in one thing with my Lord Finch, That Bagg was a most unnatural Man, that had drawn Two Thousand Five Hundred Pounds for the use of himself and his Friends, from the Plaintiff: And whereas Sir Anthony was in a strait how to advance Three Thousand Pounds, that he should be so hard-hearted, (that Two Thousand Five Hundred Pounds being in his Hands) as not to help him at such a time, I would have Sentenced him for this unnatural part alone: Poor Sir Anthony must suffer all this, while it is likely Bagg would never have been gull'd in a Business. He was an Ingenious Man, Sir Anthony was a single plain Man.
If Bagg had put this Bill in, I should have conceived the worst of it; but I shall never believe poor Sir Anthony had in him that malice, as if Bagg had put it in: For his Councel to take Exceptions against Witnesses at the Hearing, is of dangerous consequence; any Cause of the King's may be so spoiled. They say one of Sir Anthony's witnesses was but seventeen years of age; if it were so, yet he was of age enough to tell and receive mony. They except against them because they are Sir Anthony's Servants. Who are so proper to be Witnesses as his Men? Why is here no exceptions taken to Sir James Bagg's Witnesses? for he had two Servants sworn as well as Sir Anthony.
For Mr. Escourt, they say he was then present, and heard no such words as Marsh sweareth; that might be true, and he not hear, for they might be spoke and not in his hearing. What if Pell did fail in the proof of his Bill, not only in the matter but in the manner?
I will not look upon Pell, but upon the Publick: but I hold this proved both in matter and manner; for it would not have been sufficient for Pell to have proved, he was cosened thus much, but in this manner. That which is worst of all, and is so foul, that his Councel offered no defence at all, and that was Bagg's own answer; where he sweareth, that he never did deserve any such kindness of Sir Anthony Pell for to do so great Curtesie, as to lend him these monies. Look but upon, and see the many Letters he writ; James Bagg, your most real Friend, your business will be better done if you leave it to your Friend James Bagg. Here is his Hand against his Oath, and his Oath against his Hand. He was a most base fellow to say, your most real Friend, and to serve Sir Anthony as he did. I have now done with that bottomless Bagg, and my censure; I leave my Lord of Portland to do what he thinketh fit against him. I hold it as dangerous a practice of him as ever was in this kind. I fine him at 5000l. and Imprisonment during the King's pleasure; and for his Office leave it to the King's pleasure: only pray, that a Man whose Hand and Oath cannot be taken may not be in trust, especially in places concerning His Majesty. The Plaintiff hath a loss personal and real, and ingaged himself in many thousand pounds for the obtaining of money, therefore I fine Bagg 500l. damages to Sir Anthony Pell.
The Lord Cottington, who first began according to the course of the Court, was of opinion Sir James Bagg ought to be acquitted, and Sir Anthony Pell to be censured pro falso Clamore, for casting an aspersion upon my Lord Treasurer, by putting those passages of scandal into his Bill.
And the Earl of Dorset declared he did not think it to be a crime for a Courtier that comes up to Court for his Majesties service, and lives at great expence in his attendance, to receive a reward to get a business done by a great Man in Power, and was of opinion with my Lord Cottington, to fine the Plaintiff pro falso Clamore.
The Bishop of Canterbury's Letter to the Arch-Bishop of St. Andrew's in Scotland.
My very good Lord,
For the Particulars entrusted by the Church to the Lord Bishop of Brechen, and namely about the Abbacie of Lindores, you must expect them from the Bishop himself, and from such relations as you will receive by my Lord and the Earl of Traquair. Now at this time you shall receive nothing, but that which is commanded me by the King, and must be my part to act in the present and future business for the Church of Scotland.
My Lord, For the present the King is resolved, upon some great reasons of State, which have prevailed with him, not to meddle with the Abbacy of Lindores, or any other of that nature, as yet, but to leave them in that state in which they now are, till such time as he may consider the Decrees, and the Act or Acts of Parliament which concern them; and till he can find a way to order them better, both for his own profit, and the contentment of His people there: assuring you in the mean time, that both in this and all other business, he will be very careful both of the credit, and of the maintenance of the Church; whereof if your self or any other Bishop or Clergy-man shall make doubt, I am commanded to tell you, that therein you will not only do His Majesty wrong, but hurt your selves and the Church, which you seek to benefit. And in this very particular, you are to know, and make known to others, that it is not the dislike of any person or persons, or of the thing it self, that causes this present stay, but reason of state only, and the care which the King hath that all proceedings may go on according to Law. As for the Bishopricks His Majesty will take their wants into as Provident care as he can, and hath settled Arbroth upon the Bishoprick of Brechen, but in what form I am not able to tell you, as not being so well acquainted with the Customs and Constitutions of that Kingdom, and therefore lest I should mistake in any circumstance, I leave that wholly to the Bishop's own Relation.
For all the business of that Church in future, which must come to the Exchequer or any other publick Audience, or any other business that may reflect upon the Church, or any thing that belongs to the King's service, in which Church-men are trusted, you are immutably to hold this Rule, and that by his Majesties strict and most special Command, namely that your self, or the Lord Ross, or both of you together, do privately acquaint the Earl of Traquair with it, before it be proposed in publick, either at the Council-Table, or the Exchequer, or elsewhere: and the Earl hath assured the King in my presence that he will strictly observe and hold the same correspondency and course with you; and further, that he will readily and faithfully do all good Offices for the Church, that come within his power, according to all such Commands as he shall receive, either immediately from the King, or otherwise by direction of his Majesty from my self. And if at any time your Lordships, and my Lord Traquair shall upon any of the forementioned business so differ in Judgment, that you cannot accord it among your selves, let it rest, and write up either to His Majesty, or to my self, to move His Majesty for further direction, which once received you are all to obey, that so this little unhappy difference, which lately arose about Lindores, may be laid asleep; and that no other may hereafter rise up in the place of it, to disturb either the Kings or the Churches service, or disorder any of your selves, who are known to be such careful and direct Servants to both. And to the end this may go on with better success, His Majesty precisely commands, that this mutual Relation between the Earl of Traquair and you be kept very secret, and made known to no other Person, either Clergy or Laity, for the divulging of these things cannot but breed Jealousies amongst men, and disservices in regard of the things themselves; and therefore the King bids me tell you, that he shall take it very ill at his hand, whoever he be, that shall not straightly observe these his directions. This is all which I had in command to deliver to you, and I shall not mingle with it any particulars of my own; therefore wishing you all Health and Happiness, and good speed in your great affairs, I leave you to Gods Blessed Protection, and rest,
Your Graces very Loving Friend and Brother,
Novemb. 10. 1635.
December 1. The Arch-Bishop of Canterburies Letter to the Lord Arch-Bishop of St. Andrews.
My very good Lord, S. in Christo,
I Have but one thing at this present to trouble you with, but that hath much displeased the King, and not without very just cause; for now while the King is setling that Church against all things that were defective in it, and against the continuance of all unwarrantable customs unknown to, or opposed by the ancient Church of Christ, the now Bishop of Aberdeen hath given way to, and allowed a publick Fast throughout his Diocess, to be kept upon the Lords Day, contrary to the Rules of Christianity, and all the ancient Canons of the Church. I was in good hope that Church had quite laid down that Ill Custom: but since it appears the now Bishop of Aberdeen hath continued it, and perhaps others may follow his example, if this pass without a check; therefore His Majesties Express Will and Command to your Grace is, That you and my Lord Glascow take order with all the Bishops in your several Provinces respectively, that no man presume to Command, or Suffer any Fast to be upon that day, or indeed any publick Fast upon any other day without the Special Leave and Command of the King, to whose Power it belongs, and not to them. And farther His Majesties Will and pleasure is, that if the Canons be not already Printed (as I presume they are not) that you make a Canon purposely against this unworthy Custom, and see it Printed with the rest; and that you write a short Letter to the Bishop of Aberdeen, to let him understand how he hath over-shot himself, which Letter you may send together with these of mine, if you so please. This is all which for the present I have to trouble you with; therefore leaving you to Gods Blessed protection, I rest,
Your Graces very Loving Friend and Brother,
Mr. Chancey questioned in the High-Commission.
Mr. Chancey Minister of Ware in Hertfordshire for opposing the making of a Rail about the Communion-Table in that Parish-Church, as an Innovation and Snare to mens Consciences, was brought into the High-Commission, and there pronounced guilty of contempt of Ecclesiastical Government, and raising a Schism; and was suspended from his Ministry, till he should make in open Court a Recantation after a prescribed form, acknowledging his great offence in using the invective Words, and protesting that he was perswaded in his Conscience, that kneeling at the Sacrament was a Lawful and Commendable Gesture, that the Rail set up in the Chancel with a Bench thereunto annexed, for kneeling at the Holy Communion, was a decent and convenient Ornament, and promising never by Word nor Deed to oppose either that, or any other Laudable Right and Ceremony prescribed in the Church of England.
He is condemned in great costs of Suit, and was imprisoned till he paid the same, or performed the order of the Court.
Afterwards Mr. Chancey having made the enjoyned Recantation, was dismissed with a judicial admonition given by the Arch-Bishop to live Peaceably and Conformably to the Doctrine, Discipline and Ceremonies of the Church of England, and neither by Word nor Deed to oppose, or to bring into a disesteem any of them.
January 19. Against Hackney-Coaches. in and about London, giving disturbance in the Streets.
The Kings Majesty took into consideration, the restraint of the multitude and promiscuous use of Coaches about London and Westminster. His Majesty perceiving that of late the great numbers of Hackney-Coaches were grown a great disturbance to the King, Queen and Nobility through the Streets of the said Citys, so as the common passage thereby was hindred, and made dangerous, and the Rates and Prices of Hay and Provender, and other Provisions of the Stable thereby made exceeding dear, hath thought fit, with the advice of His Privy-Council, to publish His Royal Pleasure for Reformation therein; and therefore doth Command and Forbid, that from the Feast of St. John the Baptist next coming, no Hackney, or hired Coach or Coaches be used or suffered in London, or Westminster, or the Suburbs or Liberties thereof, except the same Hackney-Coach or Coaches be to travel at the least three miles out of London or Westminster, or the Suburbs thereof, or farther. And also that no Person or Persons shall go in a Coach in the Streets of London or Westminster, or Suburbs or Liberties thereof, except the Owner of the same Coach shall and do constantly keep within the said Cities and Suburbs thereof four sufficient able Horses or Geldings fit for His Majesties Service, whensoever His Majesties occasions shall require them, upon great Penalties contained in the said Proclamation; and for the due execution thereof, His Majesty doth Command all Justices of Peace, Majors, Bailiffs, Constables of the said Cities and Suburbs, to be aiding and assisting, whereby such as wilfully do offend in the Premises, may be brought and presented to His Majesties Privy-Council, to be proceeded against according to the demerits of the Offenders.
It is worth observation, that in the first year of the Reign of King Charles, no Hackney-Coaches did stand in the Streets, but at their Stables, and they were sent unto to come abroad by those who had occasion to use them: and there were not above twenty Hackney-Coaches at that time, to be had for hire in and about London.
The grave Judges of the Law constantly rid on Horseback, in all weathers, to Westminster: All Lawyers in those days pleaded in Ruffs, falling-bands came afterwards in fashion.
February 1. The Pricing of Wines.
The King by the advice of His Privy-Council, according to a Statute made in the fourth year of King Edward the third, did publish and declare, that for one year following, Canary-Wines, Muscadels and Alicant be sold in gross at 17l. the Pipe, and at 12d. the Quart; Sacks and Malagoes at 15l. the But in gross, and 10d. the Quart by retail; Gascoin and French Wines at 18l. the Tun; the Rachel-Wines at 15l. the Tun, and at 6d. the Quart by retail.
February 25. A Proclamation for the suppressing of Felons and Outlaws, their Ayders and Abettors, by bringing them to be answerable to the several Laws of the several Realms of England and Scotland.
Whereas the Kings Majesty was informed by the Chief Landlords and Inhabitants of the Lands and Possessions next adjoyning to the Out-bounds of his Kingdoms of England and Scotland, that by the great and general Intercourse, secret Practises and Combinations of Out-Laws, Felons and Malefactors of both those Kingdoms, divers and sundry Outrages and Felonies have been by them committed; The King hereupon taking into His Princely Consideration the reformation of such Mischiefs; and calling to mind that sundry the chief Landlords of the Lands and Possessions next adjoyning to the Frontiers of the said two Kingdoms, were contented to undertake to King James, that those Tenants under them should be answerable to the Kings Laws for any Felony or Capital Crime they should be charged with; and if the Party Delinquent should happen to fly, before he or they should be apprehended, and the Party grieved should by course of Law Indict and Convict the Party or Parties Delinquent of the said Felony or Felonies, that then the said Landlord, to whom the Forfeiture of such Party Convicted should accrue, should make Restitution to the Party Grieved of such Goods as were stolen from him by the said Party or Parties Convicted; the said Landlord being Authorised himself and Officers to search for, and apprehend any Felons, Fugitives, Abettors, Out-putters, or any suspected Persons secretly lurking, remaining or being within the said Landlords Bounds or Limits, and him, or them to bring to answer to the several Laws of the Land: of which said Undertaking the King did well approve; and did therefore command all Chief Landlords in the Counties of Cumberland and Northumberland, to put the same in Execution, to the utmost of their Power.
Titles of Proclamations for the Year 1635.
Whitehall, April 11.
A Proclamation prohibiting the use of the Net or Engine; called a Trawle.
Oatelands, July 21.
A Proclamation to restrain the Kings Subjects departing out of the Realm without License.
Oatelands, July 26.
A Proclamation for the suppressing of profane Swearing and Cursing.
Oatelands, July 28.
A Proclamation for the better ordering of those who repair to the Court, for their Cure of the Disease called the King's Evil.
Bagshot, July 31.
A Proclamation for the setling of the Letter-Office of England and Scotland.
Oatelands, August 24.
A Proclamation declaring His Majesties Royal Grace and Pleasure to confirm to His Subjects their defective Estates in their Lands and Possessions by his Commission lately renewed and enlarged to that Purpose.
Windsor, September 6.
A Proclamation for preventing of Abuses of Informers, Clarks, and others in their Prosecutions upon the Laws, and Statutes of this Realm.
Hampton-Court, Sept. 30.
A Proclamation Prohibiting the Importation of Purles, Cut-works, Bonelaces, made in foreign Parts, and for the sealing of such as are made within the Realm of England and Dominion of Wales.
Roystone, Oct. 14.
A Proclamation prohibiting the Importation of all sorts of Glass whatsoever made in Foreign Parts.
Hampton Court Nov. 1.
A Proclamation to restrain the Landing of men; goods out of such Ships as shall come from the parts of France, or the Low-Countries, now infected with the Plague, till they have warrant from the Officers or Farmers of His Majesties Customs.
Hampton-Court Nov. 1.
A Proclamation for restraint of Excessive Carriages to the destruction of the High-Ways.
Whitehall, Jan. 18.
A Proclamation for the restraint of the Consumption of the Coyn and Bullion of this Realm, and the deceitful making of Gold and Silver Thread, and for the regulating thereof for the time to come.
Westminster, Jan. 19.
A Proclamation for the restraint of the Multitude and Promiscuous use of Coaches about London and Westminster.
New market. Feb. 1.
A Proclamation for the Pricing of Wines.
Westminster, Feb. 25.
A Proclamation for the suppressing of Felons and Out-laws, their Aiders and Abettors, by bringing them to be answerable to the several Laws of the several Realms of England and Scotland.
Whitehall, March 1.
A Proclamation concerning Farthing-Tokens.