The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.

A Commission to the Lords, and others of the Privy Council, for putting in Exe∣cution of the Laws and Statutes for Relief of the Poor, Punishment of Rogues, and Employment of Gifts to Charitable uses, Jan. 5. 1630.

CHARLES, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c.

To the most Reverend Father in God, Our Right Trusty and Well-beloved Counsellor, George, Lord Archbishop of Canterbury, Primate and Metropolitan of all England.

And to our Right Trusty and Well-beloved Counsellor Thomas Lord Coventry, Lord Keeper of our Great Seal of England.

And also to the Right Reverend Father in God, Our Right Trusty and Well-beloved Coun∣sellor, Samuel, Lord Archbishop of York, Pri∣mate and Metropolitan of England.

And likewise to our Right Trusty and Well-beloved Counsellor Richard, Lord Weston, Our High Treasurer of England.

And also to our Right Trusty and Right Belo∣ved Cousins and Counsellors Edward Viscount Conway, Lord President of Our Privy Coun∣cil.

• Henry, Earl of Manchester, Keeper of Our Privy-Seal.
• Robert, Earl of Lindsey, Lord Great Cham∣berlain of England.
• ...

• ... Thomas Earl of Arundel and Surrey, Earl Mar∣tial of England.
• Philip Earl of Pembroke and Montgomery, Lord Chamberlain of our Houshold.
• Theophilus Earl of Suffolk, Lord Warden of our Cinque Ports.
• Edward Earl of Dorset, Lord Chamberlain to Our Dearest Consort the Queen.
• William Earl of Salisbury.
• William Earl of Exeter.
• John Earl of Bridgewater.
• James Earl of Carlisle.
• Henry Earl of Holland.
• William Earl of Banbury.
• Henry Earl of Danby.
• William Earl of Moreton.
• Thomas Earl of Kelly.
• Edward Viscount Wimbledon.
• Dudly Viscount Dorchester, one of our Princi∣pal Secretaries of State.
• Thomas Viscount Wentworth, Lord President of our Council in the North parts.
• Oliver Viscount Grandison.
• Henry Viscount Faulkland.
• And likewise to the Reverend Fathers in God, Our Right Trusty and Well-beloved Counsellors, William Lord Bishop of London.
• Richard Lord Bishop of Winchester.
• And also to Our Right Trusty and Well-be∣loved Counsellors, Edward Lord Newburgh, Chan∣cellor of our Dutchy of Lancaster.
• Sir Thomas Edmunds, Knight, Treasurer of our Houshold.
• Sir Henry Vane, Knight, Comptroller of our Houshold.
• Sir Thomas Jermyn, Knight, Vice-Chamberlain of our Houshold.
• Sir Robert Naunton, Knight, Master of our Court of Wards and Liveries.
• Sir John Cook, Knight, one other of our prin∣cipal Secretaries of State.
• Sir Francis Cottington, Baronet, Chancellor of our Exchequer.
• Sir Julius Caesar, Knight, Master of the Rolls.
• And Sir William Alexander, Knight: Greeting.

Whereas diverse good Laws and Statutes, most necessary for these times, have during the happy Reign of Queen Elizabeth, and of our late Fa∣ther of Blessed Memory, and since our coming to the Crown of England, been with great Wis∣dom, Piety, and Policy, made and enacted in Parliament, as well for the charitable Relief of Aged and Impotent poor People, not able by their Labours to get their Livings; and for the training up of Youth in honest and profitable Trades and Mysteries, by putting them forth to be Apprentices, as also for the setting to work of Idle Persons, who being of ability to work, in some kind or other, do nevertheless refuse to labour, and either wander up and down the City and Country begging, or, which is worse, main∣tain themselves by filching and stealing; and for the Punishment of sundry Rogues and Vagabonds, and setting of them to work: and for the sup∣pressing of that odious and loathsom sin of Drunkenness, and the repressing of Idleness, the root of so many Evils; the due Execution of which, and the like Laws and Statutes would prevent and cut off many offences▪ and crimes of high Nature.

And whereas we are informed that the defect of the execution of the said good and politick Laws and Constitutions in that behalf made, proceedeth especially from the negle••t of Duty in some of our Justices of the Peace, and other Officers, Magistrates, and Ministers of the Peace within the several Counties, Cities, and Towns Corporate of this our Realm of England, and Dominion of Wales, to whom the care and trust of seeing the said Laws to be put in execution, is by the said Laws principally committed; which remisness and neglect of Duty doth grow and arise from this, That by the most of the said Laws, there are little or no Penalties or Forfei∣tures at all inflicted upon the said Justices of the Peace, Magistrates, Officers, and Ministers for not performing their Duties in that behalf; or if any be, yet partly by reason of the smalness thereof, and partly by reason of their Power and Authority in their several Places, whereby they hold others under them in awe, there are few or no Complaints or Informations made of the neglects and want of due execution of the Of∣fices of the said Justices and other Ministers; and although the care and diligence of our Judges and Justices of Assize be never so great, yet by reason of the shortness of their Assizes and Ses∣sions in every County, and multiplicity of Busi∣ness, they never have due information of the said neglects, nor in those times can take such exact courses as were requisite for redress of such general abuses and inconveniences, so highly importing the publick good of this our Realm, by reason whereof the said Justices of Peace, Ma∣gistrates, Officers and Ministers are now of late in most parts of this our Kingdom grown secure in their said negligence, and the said politick and necessary Laws and Statutes laid aside, or little regarded as Laws of small use and conse∣quence, whereas upon the present making of the said Laws, the same being then duly executed, as also at this day in some Counties and Parts of this our Kingdom: (where some Justices of the Peace, and other Magistrates do duly and dili∣gently execute the same) there evidently appear∣eth great reformation, benefit and safety to re∣dound to the Commonwealth. And likewise, whenas there was care taken, and dilgence used to have the Laws concerning charitable uses, well executed, and all pious Gifts to be employed ac∣cording to the good intent of the Donors, these poor people were better relieved than now they are. All which we taking into our Princely care for the preservation of the common Peace of this Realm, the performance of mens pious In∣tentions in their Gifts of Charity, and the gene∣ral Good and Quiet of our Subjects.

After long and mature Deliberation, finding that there is no better ways or means to have the said Laws and Statutes put in full execution, than by committing the trust and oversight there∣of to the special care and industry of certain Persons of principal place, dignity, and order near unto Our Person: Who upon their diligent enquiry how the said Laws and Statutes are put in Execution, may be able upon all occasions from time to time to give us particular informati∣on thereof, and by their approved Wisdoms, Ex∣perience and Judgments, give directions, and instructions from time to time for the better Exe∣cution of the said Statutes.

Know ye therefore that We out of that long Experience and full Assurance We have had of the great Integrity, Wisdom, Fidelity, and In∣dustry of you, and every of you, and have Constituted, Authorized, and Appoint∣ed you to be Our Commissioners, and by these

presents do Constitute, Authorize, Appoint, and strictly require you, or any 4 or more of you Our Commissioners, either by Examination upon Oath, or without Oath, or by all and every such good and lawful means, as to you, or any 4 or more of you, in your Wisdoms and Judgments shall seem con∣venient and requisite from time to time from henceforth to make Enquiry, and thereby to inform your selves how all and every the Laws and Statutes now in Force which any way con∣cern the Relief of impotent or poor People, the binding out of Apprentices, the setting to work of poor Children, and such other poor people, as being able or willing to work, have no stock or means to employ themselves; the compelling and forcing such lazy and idle persons to work, as being of bodies able and strong, do never∣theless refuse to labour; the maintenance, go∣vernment, and well ordering of Houses of Cor∣rection, and other places for Relief of poor, in∣digent and impotent people, the Rating, Col∣le••ting, and Imployment of all such Sums as by the Statute of the three and fortieth of Eliza∣beth are appointed for the Relief of Souldiers, and Mariners, the punishment, or setting on work of Rogues and Vagabonds: and all Laws and Statutes now in force for the repressing of Drunkeaness and Idleness, the reforming of A∣buses committed in Inns and Ale-houses, the A∣bridging of the number of Ale-houses, and the well-ordering of such as are Licensed, the keep∣ing of Watches and Wards duly, and how other publick Services for God, the King, and the Com∣mon-wealth, are put in practice and executed.

To which end and purpose, to you Our Com∣missioners, or any six or more of you, We give full Power and Authority from time to time hereaf∣ter, to give such Directions and Instructions, and by all other good and lawful means to set down, and give such Orders and Directions as that all and every the said Laws and other necessary Sta∣tutes may be duly and effectually executed, and the pains and penalties thereof levied and em∣ployed according to the purport and true mean∣ing of the same Laws.

And whereas no Nation of the world hath pro∣vided more liberally, or ordained better Laws for due employment of Lands, Goods and Stocks of Money, given to Charitable uses, than this Our Kingdom of England hath done: yet neverthe∣less the said Bounties and charitable Gifts have not been employed according to the mind and in∣tent of the Givers, by reason of some Devices, Frauds, Breach of Trust, aim at private Gain; and partly by the negligence of those that have been trusted to perform the same.

Therefore our Will and express Pleasure is, that those Statutes of 39. and 43. Eliz. and all other Laws and Statutes concerning Hospitals, Almes-Houses, Maisons de Dieu, and other pious Donations, Collections, or publick Gifts for the benefit of the poor, or publick works, be strict∣ly enquired and put in execution. And all Deeds of Foundations, Charters, Wills, Devices, Dispo∣sitions of Lands, Goods, Annuities, or Rents, given, appointed, or intended to any the Houses aforesaid, or to any charitable use or publick work, be diligently sought out and discovered, to the end there may be an employment of all the Profits, according to the Will and Mind of the Donors or Founders.

And we do further by these Presents, give full Power and Authority unto you, or any six, or mor•• of you, to call unto you for your assistance in the Premises, when you shall see it needful, all, or any of our Justices of Assize, Oyer and Termi∣ner, and Gaol-delivery, for their several Circuits; as also to our Justices, Mayors, Bayliffs, and other Head-Officers, within Cities and Burroughs, Clerks of the Assize and Sessions, and other Of∣ficers and Ministers within our several Counties and Shires of this our Realm of England, and Dominion of Wales, and the several Divisions of the same, as to you, or any six or more of you in your wisdom shall seem meet and requisite, and shall be agreeable to the Laws and Statutes of this our Realm for the better execution of the Laws and Statutes in the time to come. All which Di∣rections, Instructions and Orders at any time or times hereafter so to be made or taken by you or any six or more of you, by force of these Presents; We will and straitly charge and command you by these Presents, to be sincerely and duly from time to time obeyed, observed and kept by all and eve∣ry Officer and Officers, Justice and Justices, Per∣son and Persons, to whom it shall appertain.

And we do hereby further will and require you, that you, or any four or more of you, do from time to time give unto Us particular and true information of the care and industry of our Ju∣stices of the Peace in their several Divisions, May∣ors, Bayliffs, and head Officers, in their several Cities and Towns Corporate, as upon the said enquiry you shall find to be diligent in putting the said Laws, Statutes, Orders, and Directions in Execution, that so by their service, and your report, they appearing to deserve well of their King and Country, may receive not only good acceptance at our hands, but all due encourage∣ment and comfort to continue in their well-do∣ings; and if contrariwise you shall find any of our said Justices of the Peace, or others the per∣sons before-named to be negligent and remiss in their several places and duties touching the per∣formance and execution of the said Laws and Sta∣tutes committed to their charge, or the Orders and Directions given by you, or any fix of you, for the better execution of the said Statutes: Then our pleasure is, that you do likewise cer∣tifie the Names of such as you shall find so remiss and negligent, that accordingly Order may be taken for their removing and displacing out of the Commission of the Peace, as men unworthy of their said Trust and Places; as also deserving to receive such further punishment in our Court of Star-Chamber or otherwise, as may be by Law inflicted upon them.

And further We do by these Presents give unto you, or any six or more of you, full power and authority to do and execute all and every other lawful and necessary Act & Acts, thing and things, for the better and more due execution of the pre∣mises, or any of them, as you, or any six, or more of you, shall in your Wisdoms and Judgments think to be fit and convenient.

And because you that are Attendants upon Our Person, or otherwise employed in your Ser∣vices cannot at all times be in person in the seve∣ral Shires of this our Kingdom to execute this our Commission in such sort as we have appointed it; And for that it will be very fit and requisite for you to have Persons of Trust under you, who may faithfully assist you in the execution of this Our Commission;

We do therefore give unto you for your better aid and assistance, and the better performance of this our Service, full Power and Authority from time to time, to Assign, Appoint, and Consti∣tute

by your Writing under your Hands and Seals, or the Hands and Seals of any Six or more of you, such sufficient meet Persons as you, or any Six of you, in your discretions shall from time to time think fit and appoint to be your Deputies in every, or any County, City, Burrough, or Town Corporate of this Our Kingdom of England, or Dominion of Wales.

And We do give unto such Persons, so to be by you Deputed, Assigned, and Appointed, as aforesaid, or to any two, three, or more of them full Power and Authority, to do and Execute in our said Counties, Cities, Burroughs, and Towns Corporate, as well within Liberties as without; all and every thing and things, which by vertue of this Our Commission, is to you Our Principal Commissioners, Intrusted, and Committed, or which you or any of you Our Commissioners, if you were personally Present, might, or ought to do; they your said Deputies pursuing such Dire∣ctions and Instructions from time to time as you or any Six of you shall give unto them in Writ∣ing: And the better to enable them so to do, you shall deliver to such Deputies as you shall make in every County, City, or Town Corporate, as a∣foresaid, a Duplicate, or true Transcript of this our Commission, Subscribed with your Hands, or under the Hands of Six of you at the least.

And we do further by the Tenour of these Presents, Will and Command, and do give full pow∣er and Authority to Our Lord Chancellour, or Lord Keeper of Our Great Seal for the time being, to cause several Commissions to be made forth, under Our Great Seal of England, to such Persons of Trust and Quality as any Six, or more of you shall from time to time nominate unto him, and shall so signifie unto him by Writing under your Hands to the same Tenour and Effect, in every material thing, as in these Our Letters Patents is expressed, with a Clause to be Inserted in every such Commission and Commissions, commanding such Persons so to be nominated, that they certi∣fie all their proceedings thereupon to you Our foresaid Commissioners, or to any six of you, at such times and places as you, or any Six of you shall appoint. In witness whereof, we have caused these Our Letters to be made Patents, witness Our self at Westminster the fifth day of January, in the sixth Year of Our Reign.

ORDERS.

• I. That the Justices of Peace of every Shire within the Realm do divide themselves, and allott among them∣selves what Justices of the Peace, and what Hundreds shall attend monthly at some certain places of the Shire. And at this day and place, the High Constables, Petty Constables, and Church-Wardens, and Overseers for the Poor of those Hundreds, shall attend the said Justices. And there enquiry shall be made, and information taken by the Justices how every of these Gfficers in their seve∣ral Places have done their duties in execution of the Laws mentioned in the Commission annexed, and what Persons have offended against any of the said Laws.
• II. Where neglect or defect is found in any of the said Officers, in making their Presentments, condign Punishment to be inflicted upon them by the Justices ac∣cording to Law.
• III. When Offences are Presented at one Meeting, then the Penalties of the Laws offended, to be levied and brought to the Justices at their next Meeting.
• IV. When the Penalties are levied, the Justices are to take care that the same be employed accordingly as by the Statutes are appointed.
• V. For encouragement to men that do inform and prosecute others for offending against these Laws, or a∣ny of them, liberty to be left to the Justices of 〈◊〉〈◊〉 that do meet, to reward the Informer, or Prosecutor, ••ut of part of the Money levied upon his, or their Present∣ments or Information. Though the Statute do not prescribe this, yet this is not against the Law that gives the Penalty to the Poor, which Penalty, nor no part thereof would else come unto the poor but by this means.
• VI. That the several Justices of the Peace of every Shire, do once every three Months certifie an account in writing to the High Sheriff of the County, of their proceedings in this way, whom they have punished, what they have levied, and how they have employed it.
• VII. That the High Sheriff, within fourteen days after this Account delivered, do send the same over to the Justices of Assize for that County, or to one of them, and the Justice or Justices that receive the same, to cer∣tifie it in the beginning of every Term next after, to the Lords Commissioners: And if any of the Justices of Peace shall fail to make such account to the Sheriff, then the Sheriff shall certifie such default to the Lords Commissioners.
• VIII. The Justices of Assize in every Circuit, are to enquire, and specially to mark what Justices of the Peace are careful and diligent in Execution of these Laws, and the directions given, and who are negligent and remiss. And what other things of Note happen in their Circuits, to make report thereof to the King, upon their Return from their Circuits ever half year.

DIRECTIONS.

• I. That the Lords of Mannors and Towns take care that their Tenants and the Parishioners of every Town may be relieved by work, or other wise at home, and not suffered to straggle and beg up & down in their Parishes.
• II. That Stewards to Lords and Gentlemen, in keep∣ing their Leets twice a year, do especially enquire upon those Articles, that tend to the reformation or punish∣ment of Common Offences and abuses: As of Bakers and Brewers, for breaking of Assizes; of Forestallers, and Regraters Against Trades-men of all sorts, for selling with under-weights, or at excessive prizes, or things un∣wholsom, or things made in deceit: Of People, Breakers of houses, common Thieves and their Receivers, Haun∣ters of Taverns or Alehouses, those that go in good Cloaths, and fare well, and none knows whereof they live; those that be Night-walkers; builders of Cotta∣ges, and takers in of Inmates; Offences of Victuallers, Artificers, Workmen, and Labourers.
• III. That the poor Children in every Parish be put forth Apprentices to Husbandry, and other Handy∣crafts, and money to be raised in the Parishes for pla∣cing them, according to the Law; and if any party shall refuse to take the said Apprentice, being put out accor∣ding to the Law, such party as shall refuse to take the said Apprentice, to be bound over to the next Quarter Sessions, or Assizes, and there to be bound to his good be∣haviour, or otherwise ordered, as shall be found fit.
• IV. That the Statute of Labourers, for retaining of Servants, and ordering of Wages, betwixt the Ser∣vant and the Master be not deluded by private Con∣tracts, before they come to the Statutes, and the com∣mon fashion of Essoying many absent, not to be allowed of course, as is used.
• V. That the weekly Taxations for relief of the Poor, and other purposes mentioned in the Statute of 43 Eliz. be in these times of scarcity raised to higher Rates in every Parish, than in times heretofore were used. And Contributions had from other Parishes, to help the weaker Parishes, especially from those places where Depopulations have been, some good Contribution to come, for help of other Parishes. And where any Mo∣ney or Stock hath been, or shall be given to the relief of the Poor in any Parish, such gift to be no occasion of les∣sening the Rates of the Parish.
• ...

• VI. That the Petry Constables in all Parishes be cho∣sen of the abler sort of Parishioners, a••d the Office not to be put upon the poorer sort, if it may be.
• VII. Watches in the night, and Warding by day, and to be appointed in every Town and Village▪ for apprehension of Rogues, and Vagabonds, and for safety and good order.
• VIII. And because it is found by daily experience, that the remissness and negligence of Petty Constables is a great cause of the swarming of Rogues and Beggers: Therefore the High Constables in their several Divisi∣ons are specially to be charged to look unto the Petty Constables that they use diligence in their Offices, and the High Constables to present to the Justices of Peace the defaults of the Petty Constables, for not Punishing the Rogues, or not Presenting, those that are Reli••vers of the Rogues and Beggars, the Law insticting a Penalty upon the Constable for not Pu∣nishing them, and upon such Party as shall relieve them.
• IX. If in any Parish there be found any Persons that live out of Service, or that live idly, and will not work for reasonable Wages, or live to spend all they have at the Alchouse, those persons to be brought by the High Constables, and Petty Constables to the Justices at their meetings, there to be ordered and pu∣nished as shall be found sit.
• X. That the Correction-houses in all Counties may be made adjoyning to the Common Prisons, and the Goa∣ler to be made Governour of them, that so he may im∣ploy to work Prisoners Committed for small Causes, and so they may learn honesty by Labour, and not live idly and miserably long in Prison, whereby they are made worse when they come out than they were when they went in; and where many Houses of Correction are in one County, one of them at least to be near the Goal.
• XI. That no Man harbour Rogues in their Barns, or Out-houses. And the wandring persons with Wo∣men and Children, to give account to the Constable or Justice of Peace, where they were Married, and where their Children were Christened, for these Peo∣ple live like Savages, neither Marry, nor Bury, nor Christen, which licentious liberty makes so many de∣light to be Rogues and Wanderers.
• XII. And because the High-ways in all Counties of England are in great decay, partly so grown for that men think there is no course by the Common Law, or order from the State to amend the same: And the Work-days appointed by the Statute are so omitted or idly performed, that there comes little good by them; therefore the Justices of Peace at these month∣ly meetings are to take special care of: And not only the Surveyers of the High-ways to Present the same, but by their own view to inform themselves, that at the next Quarter Sessions after every meeting they may Present all such neglects and offences, (as upon their own view) and the Offenders there to be Punished according to Law.

The Church St. Catherine Creed being lately Rebuilt and Enlarged, was Consecrated by the Bishop of London, and some Precisians took of∣fence at some Ceremonies used by him at the Con∣secration thereof, which that sort of Men called Innovations, which afterwards were laid to his charge in Parliament, and by him an answer was made thereto, to which a Member of the Com∣mons House replyed after the rate of the Divini∣ty of those times, the whole of it you have in Mr. Rushworths Collection.

At the Bishops approach to the West door of the Church, some that were prepared for it, cryed with a loud voice, Open, open, ye everlasting doors, that the King of Glory may enter in! And pre∣sently the Doors were opened: And the Bishop, with some Doctors, and many other principal Men, went in, and immediately falling down up∣on his Knees, with his Eyes lifted up, and his Arms spread abroad, uttered these words: This Place is Holy, the Ground is Holy, In the name of the Father, Son, and Holy-Ghost I pronounce it Holy.

Then he took up some of the dust, and threw it up into the Air, several times in his going up to∣wards the Chancel; when they Approached near to the Rail and Communion Table, the Bishop bowed towards it several times, and returning, they went round the Church in Procession, saying the 100 Psal. after that the 19 Psal. and then said a Form of Prayer; Lord Jesus Christ, &c. and concluding, We Consecrate this Church, and separate it unto thee, as Ho∣ly Ground, not to be Profaned any more to common use.

After this the Bishop being near the Communion-Table, and taking a Written Book in his hand, pronounced Curses upon those that should after∣wards prophane that Holy Place, by Musters of Souldiers, or keeping Prophane Law Courts, or carrying Burdens through it, and at the end of every Curse, he bowed towards the East, and said, Let all the People say, Amen.

When the Curses were ended, he pronounced a number of Blessings upon all those that had any hand in Framing and Building of that Sacred and Beautiful Church, and those that had given, and should hereafter give any Chalices, Plate, Ornaments, or Utensils; and at the end of every Blessing, he bowed towards the East, saying, Let all the People say, Amen.

After this followed the Sermon; which being ended, the Bishop Consecrated and Administred the Sacrament, in manner following.

As he Approached the Communion-Table he * 1.1 made many several lowly Bowings, and coming up to the side of the Table where the Bread and Wine were covered, he bowed seven times, and then after the reading of many Prayers, he came near the Bread, and gently lifted up the corner of the Napkin wherein the Bread was laid, and when he beheld the Bread he laid it down again, flew back a step or two, bowed three several times towards it, then he drew near again, and opened the Napkin, and bowed as before.

Then he laid his hand on the Cup, which was full of Wine with a cover upon it, which he let go again, went back, and bowed thrice towards it, then he came near again, and lifting up the Co∣ver of the Cup looked into it, and seeing the Wine he let fall the Cover again, retired back and bowed as before; then he received the Sacra∣ment, and gave it to some principal Men; after which many Prayers being said, the Solemnity of the Consecration ended.

It is not inconvenient I hope to transgress in point of time, by acquainting the Reader that this matter was some years after objected against the Bishop of London in Parliament, as an Evi∣dence of his Inclination to introduce Popery, and these matters of Fact before recited were then proved before the House of Lords; to which the Bishop made a learned Defence, by endeavour∣ing to justifie the Consecration of Churches from the practice of Moses, Solomon, Hezekiah, and o∣ther Princes of the Jews, in the time of the Ce∣remonial Law: And that it is expressed in the Old-Testament, that the Tabernacle, with all the Vessels and Ornaments thereunto belonging, were all solemnly Consecrated by Moses; and after∣wards when the Temple was Built, was solemn∣ly Dedicated and Consecrated to God by King Solomon, and all his Princes and People; He also argued out of Eusebius, in the time of Constantine and other Christian Princes, of the Antiquity of Consecrating Churches, and then he descended more particularly to answer the Charge as to the Consecration of Creed-Church.

It was Testified (saith he) that I came thither in a Pompous manner. I deny it, it was only in a grave and seemly manner. It is objected, that as soon as I came within the Church door I fell down upon my Knees; True, It was no more than my Du∣ty, being an Oratory. Moses and Aaron fell down on their Knees at the Door of the Tabernacle. He∣zekiah and the People Bowed and Worshipped, as I have proved at large in my Speech in the Star-Cham∣ber. And, O come let us Worship and fall down be∣fore the Lord our Maker, is the common Introitus in our own and other Liturgies. It is objected, I pro∣nounced the Place and Ground Holy, I did so, and it is an ordinary and legal Speech, there being a Re∣lative, though not an Inherent Holiness in Churches dedicated to God's Service. Whereas it was said, I threw up dust in the Air, This I deny, and where it was alledged that this was an Imitation of the Roman Pontifical; that (said he) is a mistake: for the Pontifical Preseribes, (Cinis) Ashes, not Dust to be cast abroad. For my Form of Consecrati∣on, Bishop Andrews made it, from whom I de∣sired a Copy, and had it, which I observed. It was objected that the form of Prayer I used, is in the Mass-Book and Roman Pontifical. It may be so, he replied, and many other very good Prayers are in it.

After the Bishop had made his Defence, a Reply was made by a Member of the House of Commons, appointed to manage the Evi∣dence.

1. That Moses had an express Command from God himself to Consecrate the Tabernacle, with all the Vessels thereof, by Anointing them with Consecrated Oyl, Exod. 40. 10, 11, 12. they be∣ing Types of Christ to come: But we have no such Command from God to Consecrate Church∣es, Church-Yards, Chappels, Altars, Vestments, which are no Types of Christ already come.

2. This Consecration was made by Moses the Temporal Magistrate, (not by Aaron the High-Priest) without any other Ceremony than meer Anointing the Tabernacle and its Vessels and Implements with Oyl; therefore this was no Warrant for Bishop's Consecrating Church∣es, Church-Yards, Chappels, Altars, Vestments, with other Ceremonies, without any Anointing them with Oyl.

3. This Consecration was only Temporary, Jew∣ish, Ceremonial, abolished by Christ's death, Col. 2. 14. &c.

4. King Solomon did not Consecrate the Temple, nor the Vessels and Court thereof with Oyl, as Moses did the Tabernacle, but after he had brought the Ark, Tabernacle, and all the Holy Vessels into it, with Praises, Thanksgiving and Instruments of Musick, and after the Cloud and Glory of the Lord had filled the House, he made an Heavenly Prayer only in the midst of the Court, not in the Temple, before all the Congregation of Isra∣el.

1. That the most Holy Place was so stiled, though never Consecrated: So Jerusalem is very frequently called the Holy City, Matt. 4, 5. and 27. 53. though never Consecrated, and God told Moses, The place whereon thou standeth is Holy Ground, Exod. 3. 5. though never Consecrated by a Bishop.

2. Our own Homilies inform us, That the Church is counted and called Holy, not of it self, (nor yet for its Consecration by a Bishop) but because God's People resorting thither, are Holy, and exercise themselves in Holy and Heavenly things.

3. The Hearing and Preaching God's Word, Prayer and receiving the Sacraments therein, are sufficient of themselves to sanctifie, and make it Holy without any other Consecration.

4. Sanctification in its own nature, is nothing else but a sequestring of any thing from a com∣mon or ordinary use, to a Religious and Sacred purpose, and this may be done without a Bi∣shop's Exorcism or Conjuration.

For his throwing up of Dust, two Witnes∣ses expresly depose it, which must over-ballance his bare Negotiation, and there is so little dif∣ference between Dust and Ashes, as they are u∣sually coupled together as Synonymous in Scrip∣ture and Authors. That he took his Form from Bishop Andrews, is only averred by himself, not proved by any Witness; but that it agrees with that in the Pontifical, which we found in his Study even in terminis, is most clear, and therefore we cannot but presume he derived it from thence: However if Bishop Andrews imitated the Pontifical, and he Bishop Andrews, the Charge is much alike.

An Information being Exhibited in the Kings Bench against Sir Miles Hobert, and William Stroud Esq about an Escape, the case afterwards to be Argued in that Court: These Persons be∣ing removed, they being formerly Committed to the Marshalsey, for Misdemeanours in the Par∣liament 28 Car. 1. from that Prison to the Gate-house, the Keeper whereof gives the Prisoners leave to go out of the said Prison, and both he and the said Prisoners, were Judged both of them by the Judges of the said Court, Punishable, though it could not be proved that they ever were Prisoners in the old Prison of the Gate-House; but only in the Keepers House Adjoyning, except it was by their Voluntary withdrawment to give themselves the benefit of Nature, at the stool in the Adjoyning old Prison, and this was, as I before said, an Offence Punisha∣ble in both the Goaler and Prisoners, the Judg∣es likewise then determin'd that the Kings Bench Prison is not a Local Prison, but that every place where any person is restrain'd of his Liberty is his Prison, and if a Man enter Sanctuary, and thence depart, he may be said in Law to break Prison.

There had been a Project on soot, for the buying of Impropriations, but there being a Snake in the Grass detected, by Authority it was dashed.

Concerning Mr. Sanderson gives us this account, that in the Year 1627. Feoffees were legally intru∣sted to purchase in the Impropriations with their own and other good Mens Money, and with the pro∣fit to maintain a constant Preaching Ministry, where the Word was wanting. They consisted of four Divines to perswade the Conscience, 4 Lawyers for the Conveyances, and 4 Citizens, for no o∣ther end but their Money,

There are in England 9284. Parish Churche Endowed with Glebe and Tithes, but 3845 were either Appropriated to the Clergy, or Impropriated (as lay Fines) to private Persons, which latter these Feoffees endeavoured to redeem, and might have done it in Fifty Years, by the large Sums soon ad••anced: And no wonder, the Subtil∣ty was not then discerned, for in time the Purcha∣sers would become the prime Patrons, for number,

and greatness of Benefices, multiply their De∣pendence, and increase Nonconformity, and therefore the Attorney General Noy, Exhibited a Bill in the Exchequer to overthrow their Apo∣crypha Incorporatum. First, breach of Trust, for E∣recting a Morning Lecture at St. Antholines, Lon∣don, (the Land of Goshen,) and not in other pla∣ces far distant, were Souls Famished for want of Food.

Secondly, Preferred Nonconformists, and so their Proceedings were Censured, as dangerous to the Church and State, pronounced illegal, and dissolved, and their Money Consiscated to the King, which yet of late was accounted a Pious Project.

And now that the World might see that the King did really (more than his late Parliaments who only gave Words and not Money for the Recovery of the Palatinate) mind the concern of of his only Sister the Electress Palatine, he gave out Commissions for raising six Thousand Men more, for the Assistance of the King of Sweeden, in so good a work, who as we shall afterwards see never really Intended it. The Colonells were these, Sr. Jacob Astley, Sr. James Hamilton, Sr. James Ramsey.

After which His Majesty was busied about a good work, the Repair of St. Pauls Church Lon∣don, that most Venerable and August piece of Antiquity, which Mr. Rushworth by way of Jeer, saith the Devotion of those times caused him to undertake, but in truth the thing was Intend∣ed by King James, as may appear by His Maje∣sties Letter to the then Bishop of London, Anno Regni sui sexto, which followeth.

To the Right Reverend Fa∣ther in God our Right Tru∣sty and well Beloved the Lord Bishop of London.

JAMES REX.

RIght Reverend Father in God, Right Tru∣sty and well Beloved, we Greet you well. The desire we have to Remove the Scandal that hath long lyen upon our City of London espe∣cially, but in a manner upon the whole Realm, for the neglect of the Repairing of the Steeple of St. Pauls Church, moved us to quicken them by our Letters to think upon some means how the same might be taken in hand, and to offer of our own Bounty to Contribute Li∣berally towards it, by occasion whereof we have been Informed that the whole Body of the Church is not only in decay, but in some danger of Ruine in some parts thereof, if the same be not in time prevented, which grieved us not a little that in a time of Peace and Plenty, which this Realm hath of late Years enjoy'd, and in the Flourishing Estate of a Church, so much Neglect should be used by those, to whose care it Appertaineth to pre∣serve in their Estate and Decency, such Mo∣numents as though they be not of the Essence of Religion, yet never were neglected but with Blemish and Disgrace as well to the Mi∣nisters as to the Religion it self, to the use where∣of they are Dedicated, and do not leave Unat∣tainted the Honour and Zeal of those Princes in whose times such Errours happen, because it is no small part of their Charge to have an Eye to the Preservation, as in general, of all Publick Mo∣numents, so especially of those that have been Designed to the Honour and Service of God, from the sense whereof it ariseth, that at this time we Summon the Duties of you whom it concerneth, and require you to enter into present Considera∣tion, how the Decays of that Church may be forth with Repaired, and the same Restored not only to Strength and Safety, but to such Decency as is comely for so Worthy and Famous a Monument of the Piety of our Ancestors: for it is not un∣known to us that amongst the Possessions which Appertain to that See, there be Lands especially Appropriated to the Fabrick of the Church, which if they had been continually employed to that use, those Decays could not have got so far, notwith∣standing if the former neglects have made the Decays greater than the Yearly Revenues of those Lands can Repair; we shall be willing to give fur∣therance to any other means of Supply; which shall be Presented unto us. But because we would not have their Ruines to run on, but some speedy cause to be taken for the Redress thereof and to the end we may understand what the State of the Structurs of that Church is, we Require you to cause the same to be Viewed by Skilful Persons, and a Survay to be made in Writing, of all the Decays thereof, and what the Charge of the Re∣paration may amount unto, and likewise a Certi∣ficate to be made to us of such Possessions of the Church as be Appropriated to the Fabrick there∣of, and what Yearly Rent they be of, that we may see how the means do stand in Proportion to the Charge, and what will be Requisite for Sup∣ply, all which to be Presented to us at our Re∣turn and settling at our Winter abode, and assu∣ring your self that we will not fail to call for an account thereof, given under our Signet at Tud∣dington the 24th. of July, in the Sixth Year of our Reign of Great Britain, France and Ireland.

Concerning the Decays and Repayrs of this Venerable Structure, take what followeth from Mr. Sanderson.

THE Famous Fabrick of St. Pauls Church and Steeple, made so in Process of time, from the Piety of Primitive Christians, and their De∣vout Zeal to good works: And since by several Additions of Benefactors, Raised to a Structure of Admiration, a Pile huge and honourable. Not the like left to our last Age to be Sampled in the whole World. What the hands of Good Men had made wonderful, the hand of Wasting, had extreamly Decayed. Only the Hand of Heaven, by Accident of Lightning had Burnt down the High Spire, in the time of Queen Elizabeth, who then had Designed not only to Rebuild that, but to Repair the whole Church, and to that end some materials were provided.

Afterwards in the time of King James the Re∣ligious Patriot Sir Paul Pindar of worthy memo∣ry returned into England some yea••s since, from his Ambassie, Lieger in Constantinople, and after∣wards one of the great Farmers of the Kings Cu∣stoms, and of ample fortune, the most in money, he became the great example of Charity to many, and the Patron of Piety to all, in his magnificent

re-edifying of this Church. First, he repaired the Entry, Front and Porches to all the upper Church, Quire and Chancel, and enriched them with marble Structures, and Figures of the A∣postles with Carvings and Guildings far exceed∣ing their former beauty, which cost above Two thousand pounds, the act of a good man, as King James said, but the main Fabrick fit for the work of a King.

And therefore King Charles having a pious re∣solution to begin the repair of the whole Church & Steeple, made his humble Entry at the West end of the Issesup to the Body, Quire, & Chancel, where after a Sermon of Exhortation to that Christian Intention, he made his Pious Procession about the inside Circumvelation thereof, and viewing the Decays, gave up his Promise with his Devo∣tions, speedily to settle the beginning of the work.

And this Year issued out his Commissions, under his Great Seal, to the Lord Major, Sir Robert Drewry, the Two Arch-Bishops, the Chancellour, Treasurer, Privy Council, and always the Bi∣shop of London for the time being to be one, who was then William Laud, and the first Man, but not the chief promoter, being promoved and at∣tempted by others before he was of note, yet in∣deed he became a diligent and powerful Actor therein, and the first Benefactor, who gave a hundred pounds per annum, whilst he should be Bishop of London; by whose pious endeavours and forward example, and sundry contributions of good and godly men, and by Commissions of pro∣tection for Breves and Collations in all Churches of England and Wales, there was gathered in time, the sum of Four score thousand pounds in all.

A large consideration was had, to begin with the Steeple and Body, and so to descend to the Isles, presuming that when the Steeple should be fi∣nished, the Contributions would necessarily invite the compleating of the whole, but it was other∣wise resolved, and they began at the West end, and first the Out walls, which being cluttered with petty Tenements, even to the stopping of the Church-lights, that clouded the beauty of the first Foundation, these Houses by Lease or Rents were purchased and pulled down, and the little Church called Saint Gregories builded up at the West end, South of the Foundation, was willingly taken down to the ground, and a very necessary place ordered for the erection of ano∣ther Church for that Parish.

And to this excellent good work the fore-re∣membred Sir Paul ••indar, besides his former ex∣pences, took upon him also at his own proper cost and charge (and did effect it before he died) to repair, or rather new build the great South Isle, far more beautiful than it had been at the first erection, which cost him above Seventeen thousand pounds.

The Contribution-mony was entrusted to the Chamber of London (then supposed the safest Chest) from thence to be issued out for materi∣als and workmanship, the West end or entrance was finished more sumptuous and stately than at first, a graceful stately Porch was raised the whole breadth of the West end, upon Pillars of Stone of the Ionick work supporting the Roof, on the top whereof, in seemly distance was erected the Figures and excellent postures of King James, and King Charles, mounted on Pedestals, leaving room and space for other succeeding Sovereigns, then they had new cased the whole entire out∣walls more nobly to the Roof, with large Figures of Pom••granates set upon Pedestals, at equal di∣stance to grace the room, which was overlaid with lead, the Windows with admirable paint∣ed Glass of Figures of the Fathers, Prophets, and Apostls, with several Historical pieces of Scripture, then they had Vaulted the Roofs with massie supporters of Timber, and Scaffolds raised for re-edifying and beautifying the Roof; Lastly, they had raised outward Scaffolding from the body of the Church, to the very top of the Stee∣ple, and were going on with the Spire, and some monies in stock towards the finishing of all, which most Artisans supposed might be finished for For∣ty thousand pounds.

When on a suddain, William Laud late Arch∣bishop of Canterbury was impeached by the late house of Commons in their Long Parliament, and our civil uncivil Dissentions seized the whole stock of money, and so the work ceased, the Church forthwith turned into a Prison or Goal of malignants, then into a Garrison of Foot-Souldiers, then into a Stable of unclean Beasts, and then to the sale of all materials; Stone, Lead, Glass, Iron, and last of all the very Scaffolding of Timber, which cost forty thousand pounds, sold for six thousand, and the money never paid, the end and ruine of that most glorious and Christian de∣sign.

After-ages may conceive this final and horrid ruine to be the effects of a cruel War, which de∣vastates all, but at the beginning of this design of repair, it is most true [that many had on fancy thereto] the whole gang of Presbyterians utterly disliked of it, and when the Earl of Holland, Chancellor of the University of Cambridge, was commanded by the King to write his Letters to that University for Contributions of the Heads, Fellows and Students; a wonder it was what Plots and Devices of some (afterwards busie bo∣dies in Parliament) for a time, obstructed those Letters, and other pious intentions of sundry Contributions, and were the only causers of that desolation, and earnestly urged the ruine of all Cathedrals, as it is well observed, that Doctor Bastwick (whom he examples for one, and a known Schismatick) grudging at the great expence in the repair, observes his base and irreverend expression, alluding to the Name Cathedral, that all that mighty mass of money must be spent in making a Seat for a Priests Arse to sit in; See Bastwick's second part of his Litany.

And now likewise a Commission was issued out for the accomplishment of the pious and good work, to the Arch-bishops of Canterbury and York, the Bishops of London and Winchester, to all the Lords of the Council, and all the prime Mi∣nisters of State, to the Lords Chief-Justices of the Courts at Westminster, and to the Lord Mayor, di∣vers Aldermen, and the Chamberlain of the City of London, and to the Dean, and Residentiaries of that Cathedral.

His Majesty therein declaring; that he had taken into his serious and Princely consideration the grrat decays of that Building, the same be∣ing the goodliest Monument, and most e∣minent Church in all his Dominions, and a principal Ornament of the Royal City; that in respect of his Zeal to God's Glory, and for the Honour of his Government, he had an earnest desire and purpose to provide for the Repairing and Upholding of that magnificent Structure, and restoring the same to its antient Beauty and Glory, according to the pious intention of his

Royal Father, who granted a Commission to be∣gin and set forward that great and Honourable Work. And duly weighing, that as this charge∣able Fabrick in the first founding thereof, could not but require many Years of time, and large supplies of publick Charity; So the substantial Repairing and Adorning thereof is not to be ef∣fected out of any Rents, or Revenues hereto∣fore pretended to have been given to that use, but will require a Stock of money and materials to begin the Work, and a constant yearly sup∣ply to bring it to an end. Wherefore it was his Majesty's will and pleasure, that all monies to be raised or recovered for this Work, should be paid into the Chamber of London, as the fittest and safest Chest whereinto the same can be put, and the materials which already are or shall be brought in, shall be laid in Store-yards, Houses, and Places, by Officers appointed for that pur∣pose. And the Bishop of London was authori∣sed to keep a Register, wherein to take the seve∣ral Subscriptions of the Nobility, Bishops, Judges, * 2.1 Serjeants and Counsellors at Law, Officers and o∣thers of Quality and Ability who shall willing∣ly contribute. The Judges of the Prerogative Courts of both Provinces, and the Vicars Gene∣ral, and the Officials of the several Bishopricks of the Kingdom, were commanded to take special care, that out of such Monies as shall fall into their power upon the Deceases of Persons inte∣state, to be distributed for pious uses, some con∣venient proportion thereof be assigned to the supply of this Charge. And the Letters Patents, for the general Contribution of all Subjects in the Kingdom, were to be drawn in a more spe∣cial manner, according to the extraordinary nature of this Case. Also the Commissioners had Authority for taking of an exact Survey of the particular decays of the Church, and cal∣culating the Charge thereof, for the discove∣ring of all such Legacies, Gifts, and Sums of Money as were given, or intended, for the Main∣taining, Repairing, and Adorning thereof; and for Advising and Agreeing upon the Forms of Letters Patents for Publick Collections throughout England and Wales; and for the or∣derly bringing in of all such Monies as should be Collected, Raised, or Recovered for this pub∣lick Use, and of all Materials thereunto belong∣ing, and for the well disposing thereof; and for making of meet Orders and Constitutions for the Preservation of that Cathedral, and suppres∣sing and preventing all present and future An∣noyances, Purprestures and Encroachments, which tend to the Damage and Disgrace thereof. And that the Proceedings herein may be firm and inviolable, and remain in perpetual memo∣ry, this Injunction was added, That a Certificate thereof be made into the Court of Chancery, there to remain on Record.

According to the directions in this Chmmission, * 2.2 Briefs for Contributions were issued forth under the Great Seal, in different manners, according to the different condition of the places unto which they were directed.

Resolutions were taken by the Lords Committees, that once a Year a Cer∣tificate be made of the Mony given, and of the Donors names; and that the Work should not begin till there were 10000 l. in Bank; and when the Scaffolds were up, and the Work be∣gun, that two or three Chests should be set in the Church, in convenient places, for receiving the Benevolences of well disposed Persons.

And in regard persons in some Countries were backward in their Contributions thereto, they were invited thereto by Letters from the Council Board, and the Commissioners meeting orde∣red,

• 1. That once a Year Certificates be made of the Monies given, and the Donors Names.
• 2. That a Clerk of the Work be chosen, and a Pay-master, and a Purveyer.
• 3. The Work not to begin till there be Ten thousand pounds in Bank. That when the Scaf∣folds are up, and the Work begun, two or three chests be set within the Church, in such places as shall be thought fit, for receiving the Benevolen∣ces of well-disposed Persons to the said Work.

And the Council received information that the Church was abus'd, & made at it were an Exchange or place of meeting for persons to talk of their Worldly affairs; his Majesty published in Print the Order following,

THe Council Board by special Direction and Commission from his Majesty, taking into consideration the ways and means for the Repa∣ration of the Cathedral Church of Saint Paul's, were informed at sundry hands, of a long conti∣nued abuse of the place, which might give a great impediment to Mens liberal Offerings to so pious a Work, if care were not taken, as well for the Religious and decent use of the inside, as repairing of the outside. The offence that is taken as well by Foreigners, as those of our own Nation, is, that in time of Divine Service, while the upper part of the Church is used for Praying and Preaching, the nether part of the Church is used as an Exchange for Men to meet in, to walk, talk and discourse of all things; and the Church itself, though by scituation it stands convenient for passage to and from all yarts of the City; yet by that liberty is so far profaned, as it is used like a Street for carriage through of all Burthens, Provisions and Necessaries Men have to use, or pass from place to place; whereat good Men are much scandalized. Their Lordships find∣ing this to be so unfit (the Dedication of that place considered) besides the coldness it may make in Men, otherwise well affected to this Work, if the better part be not cared for, as well as the material Work provided for, have thought fit to declare themselves thus far, to the Dean and Chapter of that Church, that they thereupon may seriously enter into consideration how this abuse may be reformed, and propound to the Board a fit Expedient. Their Lordships for their parts offer this unto the said Dean and Chapter; That in time of Divine Service, Pray∣ers, or Preaching none should be suffered to be walking or talking in the Church, or nether Isles thereof; And at no time to have any part of the said Church used as a thoroughfare or pas∣sage for Burthens, Provisions, or other com∣mon necessaries to be carried through the Church, but for all those things to take the common way of the Streets. What more of o∣ther things the Dean and Chapter shall find fit to add, they are prayed and required to represent unto the Board with all conveniency, that such course may be therein taken as shall be fit, and this pious and worthy Work encouraged by all the means that may be.

And pursuant hereto other Orders came out, June 25.

I. THat no man of what quality soever shall presume to walk in the Isles of the Quire, or in the Body or Isles of the Church, during the time of Divine Service, or the Celebration of the Blessed Sarcament, or Sermons, or any part * 2.3 of them, neither do anything that may disturb the Service of the Church, or diminish the Ho∣nour due to so holy a place.

II. That no Man presume to profane the Church, by the carriage of Burthens or Baskets, or any Portage whatsoever.

III. That all Parents and Masters of Families do strictly forbid their Children and Servants to play at any time in the Church, or any way mis∣demean themselves in that place, in time of Di∣vine Service, or otherwise: And if any Chil∣dren or Servants shall be found so doing, besides the punishment of the Delinquents, their Pa∣rents and Masters shall be subject to such Censures and Punishments, as shall be thought fit to be in∣flicted.

These Orders by command of his Majesty are now published, to the intent that no Man may hereafter pretend iguorance for his excuse in any of them.

Also the Houses and Shops are ordered to be taken down about Pauls Church (viz. adjoyn∣ing to it) and Commissioners appointed to buy the said Houses, out of the contributions ad∣vanced for that work, and in regard Saint Gre∣gories Church also was deemed an impediment to this great work, the Parishioners thereof after some refusals on their part, were ordered by the Councel to assemble and meet for Divine Worship in the West end of Christs Church Lon∣don, and whereas those of Christs Church refused to admit them, but upon hard compositions, though that Christs Church was large enough for them both, it was made an Order of the Councel, that notwithstanding the reluctancy of the Pa∣rishioners of Christs Church, they should and might freely meet there for the Service of God, &c.

In April began the Arraignment and Tryal of Mervin Lord Audley, Earl of Castlehaven; and accordingly the Lord Keeper summon'd the Judges for that purpose, the Three Indictments were found before them at Salisbury; the first whereof was for a Rape upon his own Wife, the other two were for the unnatural sin of Buggery, but before he came to Tryal the Judges were conve∣ned at Serjeants Inn in Fleetstreet, and the Kings Attorney Sir Robert Heath proposed the Question following to them,

1. Whether a Peer of the Realm may wave his Trial by Peers, and plead he will be Tryed by God and the Country?

Answer. He may not. For his Trial by Peers is no Priviledge, but the Law, declared by Magna * 2.4 Charta; and if he will not plead to Trial by his Peers, it is a standing Mute.

2. Whether a Peer may challenge his Peers, as in the Case of common Jurors?

Answ. He may not (which I think is so, said that Judge) because they go not on their Oath, but on their Honour, and a Challenge is tried, whether he stand indifferent as unsworn.

3. Whether a Peer may have Counsel any more than a common Person?

Answ. If Matter of Law appear, he may; not for Matter of Fact.

Certain Examinations being taken by the Lords without Oath; It was resolved,

These could not be used until they were repeat∣ed upon Oath, unless of the Party to be tried, which may be read without an Oath.

4. Whether the Wise in this Case may be a Wit∣ness against her Husband for the Rape?

Answ. She may, for she is the Party wrong'd; otherwise she may be abused. In like manner a Villain may be a Witness against his Lord in such Cases.

5. Whether the Witnesses are to be produced viva voce, if the Lord Steward require it, or the Priso∣ner?

Answ. If he stand Mute in the case of Rape or B••ggery, he may have his Clergy in either.

6. Then if he may not be put to Trial on the other Indictment, may not he be for a later Buggery, and be denied his Clergy?

Answ. On that he may, by 18 Eliz. 1.

7. Whether in Case one standeth Mute, Evidence may be opened by command of the Court concerning the Fact, though the Delinquem be to be pressed to death for his Contempt?

But it is a matter in the discretion of the Court.

8. VVhether in Cases where Clorgie is allowable, the party may pray it before he answer, and deny to answer, otherwise?

for this is a Confession.

9. VVhether in Rape there must be Penetratio?

The Answers was in the Affirmative.

10. He having made suit to be bailed, whether it might be granted?

Answ. Let the King, as King, advise of it. The Judges certified the Lord Keeper that he could not in justice require it; yet he might be bailed ex gratia, which was not fit in this odious Case.

Notes

• * 1.1

  Ceremo∣nies use•• by the ••••∣shop at the Con∣secration of the Sa¦crament.
• * 2.1

  A Regist∣er ap∣pointed for the Subscrip∣tion of Bene∣factors.
• * 2.2

  Briefs for Contribu∣tion issu∣ed forth for that effect.
• * 2.3

  〈…〉〈…〉.
• * 2.4

  Questions pro∣po••nded to the Judges, and an∣swered.