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.

Serjeant Thin desired leave of His Ma∣jesty to speak in behalf of the Univer∣sity of Oxford, which he did to the effect following.

Serjeant Thin.

THat it was an ancient University, and had as ancient Priviledges, and, by Bals from the Pope; was very exempt from the Visitation of any Arch Bishop as in his Me∣tropolitical Right; for as none can Found an U∣niversity but Your Majesty, and Your progeni∣tors, so none have power but Your Majesty to Visit there. But that which concerneth us is, that it was a foundation long before the Con∣quest; from the time of the very Foundation of this University unto this day, we conceive there was ne••er any Visitation made by any Arch-Bi∣shop, as being within his Province.

King.

Never any, (saith the King:) As the University is ancient, so likewise Our Custom is as ancient, which for many Hundred Years we may prescribe; (the King answered) but a bare Prescription in this Case will not prevail for that positive ••aw and 〈◊〉〈◊〉 of Parliament are cited to the centrary.

Thin.

We have no records so old, yet this We have divers Reci••als in ••. 3d's. time, which shew∣eth, that they had some original Grant of Ex∣emption. Pope 〈◊〉〈◊〉 8. did grant to the Uni∣versity of Oxford a particular Exemption from all Archie••iscopal Jurisdiction; but I know well that there will be an Objection made that the Pope did grant a Jurisdiction there. This Difference came before the King and the King then did de∣clare, That the Visitation did belong to the Arch-Bishop of Right.

King.

What is that? Did the King declare that it did of right belong to the Arch-Bishop to Visit there? that's very hard for you to answer.

Thin.

I Object thus against my selfe (to short∣en the Case, for if I do not, they will.) This was in King Rich. 2d's time. The occasion was upon the Question touching Wi••liffe his Case ground∣ed upon a mistaking of the Law. Before that time there was never so much as a challenge to visit this University Metropolitically.

King.

I will not grant that (Mr. Serjeant) that my Predecessor did mistake the Law, perhaps he was mis-informed of the Law.

Thin.

Pardon me for the Phrase; the King was mis-informed as we conceive of the ancient usage and manner there.

King.

You must suppose the King did know it.

Thin.

The Arch-Bishop was then a potent man in those days.

King.

My Lord Arch-Bishop doth not intend to Visit the Statutes of the university, nor of any particu∣lar Colledge.

Arch-Bishop.

I do intend to Visit Metropoliti∣cally. I am to Visit, as I conceive, the Body of the University, and every scholar which is in it, for his obedience to the Doctrine and Discipline of the Church of England; and this is the extent I intend, and not to meddle with the Statutes of Colledges or University, or particular Visitors of any College.

King.

I do not understand why you do not meddle with that, because it is my foundation.

Thin.

There was never since the first foundati∣on of this University any Visitation made by any Arch-Bishop; several have been made by the Kings themselves, but never by the Arch-Bi∣shop.

King.

As I remember you did confess he did Vi∣sit once.

Thin.

No, only an attempt to Visit was made by Arch-Bishop Arundel, who was resisted by the University. I will give up the Cause if he can ever find any Appeal of any Cause to the Arch-Bishop of Canterbury from that Universi∣ty. I find it in Fitz. N. Bre. that the Chancel∣lor of Oxford may certifie an excommunicati∣on. From whom had the Chancellor that Ju∣risdiction, but from the King? then those Acts are not to be Visited by any Power but by the King.

King.

That is no good inference, for every Bi∣shop hath power to Visit.

Thin.

Since de f••cto the Arch-Bishop did ne∣ver Visit Oxford, but was ever Visited by Your Majesty, or by Commission from Your Majes∣ty, and withal, their Ancient Charters they have lost, which might (if they had them) shew their Priviledge; and since there is so me∣morable a Prescription in this Case for so ma∣ny Hundred Years, wee humbly desire (with Your Majesties Favour) to be still Visited by Your Majesty.

Arch-Bishop,

These Exemptions were not to be found in any Nunneries or Priories at the first Foundation,

but as soon as ever they got any Money, they presently sent to Rome to get an Exemption, and then by that means the Bishops lost their Reputations, and so brought down the Jurisdiction of the Bi∣shops, even at the Council of Trent;

and Spanish Bishops have all plaid their parts herein. And this is the complaint of whole Chri∣stendom against the Councel of Trent, of which, next to Purgatory, the Pope of Rome hath made his greatest advantage.

King.

I dare say the Pope doth as much to beat down Bishops as any Puritan, I have in England, doth.

Arch-Bishop.

King H. 8. by Statute thrust out all, and whatsoever power the Pope had given in England by Bull, &c. all is gone at one blow by that Statute? Now I will shew you a Bond from the University of 1000 l. that if they oppose my Jurisdiction then to be forfeit, I speak it upon my Reputation and Duty to Your Majesty. Ann. 1506. Christs Colledge was subject to the Bishops Visitation: I am able to shew the very Original Deed in H. 8's time, where the University of Cambridge have submitted themselves to the Arch-Bishop, and here is the Original-Deed (which was read and shewed to His Majesty) being a sub∣mission of the University to the Arch-Bishop, and to disclaim any right by Bull or the like. If I should have put them to have submitted upon this evidence, they would have said either for fear, or one respect or other, they had submitted to your Arch-Bishop without any hearing. Therefore not to put this upon either University, I got Your Majesty to hear it, if you have any th••ng to shew for it, God forbid I should desire it if you have better evidence; If not, then I hope His Majesty will give me leave to carry it.

King.

Read the Date of the Deed my Lord stands so upon; (which being read was dated 27 H. 8.)

Arch-Bishop.

So Your Majesty may see before the Common-Law did take that away, they did submit themselves a year before. I will make it appear that the Arch-Bishop did visit Cambridge as in Metropolitical right three whole years toge∣ther, and that it is so expressed in the Act.

King.

They say that the Bishop was then a power∣ful man, and the times were troublesome.

Bishop.

They tell you indeed 20 R. 2. was a troublesome time, but of 12. H. 6. they do not tell you what a troublesome time that was.

King.

But was Cambridge visited three whole years?

Recorder.

It is true, we did continue it for three whole years. I did in the opening of it mention as much, that he did visit Ann. 1401. and did con∣tinue it till 1404. and that in the story of that time, he did it by a Metropolitical right (as it is so mentioned) but how dangerous those times were, we have opened, and since that time never any such offer was made.

Kings Attorney-General,

Sir John Banks, May it please your Mejesty, their main objections con∣sists of Bulls. Now concerning any Bull or Ex∣emption from the Pope, they are of no force, and though they here plead it verbally, yet they will not do it upon Record; for that Statute which bringeth them in a power, that Statute doth make all void: It is true, there is a saving of some that are confirmed under the Great-Seal, but they make no shew of them, so as clear∣ly they are out of the exception of that Act of Parliament of 28 H. 8. Then they object, that the University is of the foundation of the King, and there the Bishop hath no Metropolitical Vi∣sitation. 1 E. 6. The Deanry of Wells was dis∣solved, upon that a new Foundation, and E. 6. the Founder, and to him was the Donation of the Deanry; yet in that case it is expresly adjudged, that the Arch-Bishop in his Metropolitical Visi∣tation may visit the Deanry: It is true, ••e may not visit their Lands and local Stat••tes. It was further objected, there was no Visitation within these 200 years, and therefore a Prescription for it. But as to that no Civilian will allow, that any Prescription lieth against a Metropolitical Visitation. I have looked upon the Statute, and I do find no particular exemption from any Ju∣risdiction that is Metropolitical. They say fur∣ther, that the Visitation made by P••ckham, was by virtue of the Legantine Power, and the other Visitations are de jure Metropolitic••.

King.

They say that Peckham did visit as Le∣gatus Natus.

Attorney.

That is plain to be disting••ished by the Records.

Arch-Bishop.

In Cardinal Po••ls Case, he doth visit by Legantine Power (if he will use the stile of greater dignity than Arch-Bishop) Shall there∣fore that which he doth by the name of dignity lose his Power as Arch-Bishop?

Attorney-General.

Divers Lord Treasurers, some have been Bishops of Oxford, some of Lin∣coln, shall they lose their Power as Arch-Bishops? The Bishoprick of London hath not been visited these 200 years till now.

Dr. Duck.

Legatus Natus hath only power to grant a Visitation but to Visit, I do think they can never find that he ever had Power but Me∣tropolitically.

King.

The Question is whether Legatus Natus can visit as Legatee, and not as Arch-Bishop?

Recorder.

I think he cannot; but only by vir∣tue of his Legantine Power he might visit.

Bishop.

Legatus Natus, and Legatus a Latere. The one Legate can visit, the other Legate can∣not.

Recorder.

We appeal to this Bishop Arundel as Legatus Natus.

Arch-Bishop.

I thank you for that Evidence, Cambridge did not oppose Arrundel, but Oxford did it. What if he were banished the Realm, he was banished for bringing in a Bull. In E. 1, & E. 3 time it was common to send forth Procla∣mations against any that brought Bulls from the Pope.

Recorder.

When this Question was ••••tween Oxford and Arrundel, there was an Orde•• •••• Cha••ce••y for search for Bulls: and declared that this was against the Crown, and like to be the destruction of the University.

Arch-Bishop.

What was done in R. 2's time, which they say was so troublesome a time. Yet H. 4. did declare the very same Judgment his Predecessor had done, and confirmed it by Act of Parliament, that it doth belong unto the See of Canterbury, as of right to visit the Universi∣ties, upon penalty of 1000 l. upon every time that he should disobey, and a forfeiture of all their Priviledges, if they did disobey it. And I shewed a Deed under the Great-Seal, which the Councel for the University did confess.

King.

What can you say against this?

Recorder.

I shall submit the Cause unto your Majesties Judgment, for that which hath been urged of King H. 4. It is true, and they do de∣clare that de jure, he ought to visit; it is true, it is so declared by Parliament, but this is only for Oxford and not for Cambridge. Cambridge is not so much as mentioned: My Answer is but this, It doth appear in the very Record it self, that the University of Oxford had got an exorbi∣tant Bull from the Pope, to exclude all manner of People that countenanced Hereticks.

King.

No that cannot be.

Recorder.

The Record it self faith it was got∣ten to countenance Hereticks, and other Male∣factors, they did oppose the Arch-Bishop manu forti. The State taking offence at this, there∣upon there was a submission to the Judgment of R. 2. And thereupon he did declare, and H. 4. grounded his Judgment upon that the Bishop of right should visit, and H. 4. doth disanul the Bull as being against Law.

Lord Privy-Seal.

There comes a Grant of lat∣ter Kings▪ and takes notice of those Privileges and Exemptions, and confirms and ratifies all such Priviledge, as they do claim by any Char∣ter or colour of any Bull.

Recorder.

He doth confirm all Liberties or Grants. If my Lords Grace may visit the Uni∣versity, then he may visit the Chancellor; and of ••ate time they have been persons of great Ho∣no••r attending upon your Majesty, and so may be called away from Your Majesty upon a Visita∣tion to attend there.

Arch-Bishop.

He may appear by Substitute.

Holland.

If your Grace will visit, you may do it by Commission; the King can grant it.

Bishop.

No, I desire to have my own Power.

And so the King adjudged it for the Arch-Bi∣shop against himself; and permitted the Kings Attorney-General to plead for the Arch-Bishop against the King.

A disorder was much about this time somewhat of the nature of the foregoing, which was com∣plain'd of at the Councel-board: The Town of Yarmouth had lately set up a Lecturer, one Mr. Brinsley a Nonconformist, in opposition to Mr. Brookes, who was the Legal Minister of that Town, presented by the Dean and Chapter of Norwich; Brinsley officiates in a Warehouse called the Chap∣pel, a place formerly used by the Dutch to assem∣ble in for their Service, which yet was never con∣secrated: Hither resorts the People in crouds to hear Brinsley in opposition to Mr. Brooks, who ha∣ving an Inhibition to serve upon the foremention∣ed Brinsley, serves him therewith in the Meeting-Place; whereupon the Town-Authority commits Mr. Brooks; and the Sequel you may hear at the decision of this affair at the Councel-board, where it was ordered;

That the Matters of the Church at Yarmouth had been factiously carried by the refractory Spirits of some Persons in chief places of Power there, whereby the busie humours of those whose Ears itch after Novel∣ty have been nourished and encouraged. And there∣fore His Majesty being sensible and careful in the countenancing and maintenance, as well of Ecclesiasti∣cal Authority and Discipline, as of civil Order and Government, doth Order.

That Mr, Brooks and the Dean and Chapter shall be satisfied all their Charges in this Suit by their Ad∣versaries.

That Ezekias Hartis, Thomas Green, Miles Corbet, and Henry Davy, who subscribed the Mit∣timus for Mr. Brooks's Imprisonment, and for the wrong done to his Person, and the indignity offered to his Place and Function, shall be committed to Prison during His Majesties Pleasure, and they to make fur∣ther acknowledgment of their Offence, as shall be here∣after Ordered.

That Mr. Brinsley shall be removed from that Town (only) yet shall not Officiate any where, unless confor∣ming to the Canons of the Church.

That the said pretended Chappel be converted to the first use, a Ware-House.

25 March, 1632.

His Majesty being very careful to preserve his Regality over the Narrow Seas, and knowing that of late years the Dutch and other Aliens had Fished there, and had not His Permission or Grant, in the Month of May he thought fit to declare His Pleasure by Proclamation for the Restraint of A∣liens Fishing upon His Majesties Seas and Coasts, without leave first obtained, which he did as fol∣loweth:

WHereas King James did, in the Seventh Year of His Reign of Great Brittain, set * 1.1 forth a Proclamation touching Fishing; whereby, for the many important Reasons therein expres∣sed, all persons of what Nation or Quality soe∣ver, (being not His Natural-born Subjects) were restrained from Fishing upon any the Coasts and Seas of Great Britain, Ireland, and the rest of the Isles adjacent, where most usually heretofore Fishing had been, until they had orderly de∣manded and obtained Licenses from the said King, or his Commissioners in that behalf, upon pain of such chastisement as should be inflicted upon such wilful Offenders: Since which time, albeit neither the said King, nor His Majesty have made any considerable execution of the said Proclamation, but have with much patience ex∣pected a voluntary conformity of His Neigh∣bours and Allies to so just and reasonable Prohi∣bitions and Directions, as are contained in the same.

And now finding by experience, that all the inconveniences which occasioned that Proclama∣tion, are rather increased than abated: His Ma∣jesty being very sensible of the Premisses, and well knowing how far he is obliged in Honour to maintain the Rights of His Crown, especially of so great consequence, has thought it necessary, by the Advice of His Privy-Council, to renew the aforesaid Restraint of Fishing, upon His a∣foresaid Coasts and Seas, without License first ob∣tained from H••m; and by these Presents do make publick Declaration, That His Resolution is, (at times convenient) to keep such a competent strength of Shipping upon His Seas, as may (by Gods blessing) be sufficient both to hinder such further encroachments upon His Regalities, and assist and protect those His good Friends and Allies, who shall henceforth, by virtue of our Licenses, (to be first obtained) endeavour to take the benefit of Fishing upon His Coasts and Seas in the Places accustomed.

In vindication of the Dutch, a brave and learn∣ed Champion arose, the ever famous Hugo Gro∣tius, who endeavoured to prove the Liberty of Fishing to be general to all People and Nations, in his Book called Mare Liberum; which Book was answered by His Majesties Command, by that great Antiquary Mr. Selden of the Inner-Temple: The Opinion which His Majesty had of that Book, may appear by an Order of Council following.

HIs Majesty this day in Council taking into Consideration a Book lately Published by * 1.2 John Selden Esq Intituled Mare Clausum, sen de Dominio Maris, written by the Kings Command, which he had done with great Industry, Learning

and Judgment, and hath asserted the Right of the Crown of England to the Dominion of the Brit∣tish Seas. The King requires one of the said Books to be kept in the Council-Chest, another in the Court of Exchequer, and a third in the Court of Admiralty, as faithful and strong Evidence to the Dominion of the Brittish Seas.

His Majesty now appeared with a very formi∣dable Fleet in the Narrow Seas, to assert his Right to the Soveraignty thereof, under the Command of the Earl of Northumberland, who sailed from the Downs to the North with sixty gallant Ships, and falling amongst the Herring Busses belonging to the Dutch, he commanded them to leave off their fishing until they had obtain'd permission from his Majesty of Great Britain, which they seeming not willing and rea∣dy to do, he fired amongst them, sunk some, and seized others, until they were forced to fly into his Majesties Harbours, and desired the Lord Ad∣miral to mediate to his Majesty for his leave for this Summer, and they would pay unto his Maje∣sties Treasury therefore the sum of 30000 l. which they did accordingly, and professed their readiness to become Suppliants to his Majesty for a Grant, under the condition of a yearly pay∣ment therefore for the future.

So good effects had this Fleets expedition, that one would imagine the English Subjects would ne∣ver have complain'd of that small and inconsi∣derable Tax of Ship-money, being but the sum of 202240 l. 2 s. and 3 d. as Mr. Rushworth in∣forms was the total of Ship-money for the year 1636. in respect of those which were most ille∣gally sessed upon the Subject for the maintenance of the Parliaments War against his Majesty in the evil times which succeeded; but complaints however there were, and one Chambers of Lon∣don, a great Stickler, sued Sir Edward Bromfield, Lord Mayor of that City, upon a Suit of Tre∣spass and false imprisonment of him the said Chambers, for refusing to pay the said duty.

At this time the Plague had broken out in the Cities of London and Westminster, and began to spread it self not without great danger of infe∣ction of the whole: hereupon his Majesty by Proclamation, with the advice of the Councel, adjourns part of Trinity Term, and after Michael∣mas Term also, to prevent the further spreading thereof, and likewise prohibited the Fairs of S. Bartholomew, and our Ladies Southwark, for this year, upon the same account.

This year put a period to the days of Ferdi∣nand Emperour of Germany, exercised in many and mighty Wars: He died at Ratisbon, in the time of his holding the Diet there for the Electi∣on of his Son to the Empire, who was already K. of Hungary; which he effected, to the no little regret of the French Minister Richelieu, who under∣hand endeavour'd to promote the Duke of Ba∣varia to the Imperial Throne, but all in vain, for he was now Elected King of the Romans; and his Father dying in February, he succeeded by the Name of Ferdinand the Third;

of his Father one gives us this Character, That by his Lieute∣nants he had in Wars maintained his Scepter in and out, sometimes several, sometimes against all the World almost; for no sooner Crowned King of Bohemia, then that ptople revolted, and chose another; when he became Empe∣rour, the Seditions of the Hungarians, and of his own Subjects in Austria, Mansfelt and Hal∣derstadt never left worrying him whilest they lived. The Danes felt the force and smart of his Army, the English, Scots and Hollanders com∣bined against him: The Swedes, and the whole Protestant Body of the Princes▪ nay, the French also by profusion of Blood and Treasure. His Pesants excited against him, and to corrupt the Faith of his great Ministers; no sooner got out of one War, but springs up another, like Hy∣dra's, to torment him. His best weapons were his own daily pious prayers, which the late King Gustave seemed more to dread than he did his Armies. He Attacked the Arms of the Turk, Catholicks, Lutherans, and Reformates, and over all Triumphant. He lived to see his Son Crowned King of the Romans in spight of all his Enemies, the Swedes to be shut up in Po∣merania, and the French beaten out of Germany, and the Armies of Austria almost at the Gates of Paris. He hearkened Religiously to the Je∣suits, the reason of the Reformates to revolt, and to call in a Stranger the Swede to gnaw out their own Entrails, which they soon repented.

To this Diet it was that his Majesty dispatch'd the Earl of Arundel, Earl-Marshal of England, as his Embassadour, once more to importune the Emperour Ferdinand the Third for the restitution of the Palsgrave; but the Answer given our Embassadour was in short no other than this, that in time the Elector Palatine might be considered as to his enjoyment of the Lower Palatinate, but as to the Ʋpper Palatinate, now in possession of the Duke of Bavaria, that Duke must be con∣sulted in that Affair: Hereupon Commissioners were appointed by the Emperour and Bavarian to Treat with the Embassadour, who found the Commissioners of the Emperour favourable e∣nough to the Palsgraves Interest, but the Bava∣rian spake high as a Souldier, and said, That what he had won with so much hazard of his Person, and expence of his Treasure by his Sword, in defence of the Empire against a declared Enemy thereof, he would endeavour to preserve to himself by the same means, and would not depart from what he was in possession of. The Embassadour in much disdain at his Answer departs from the Emperours Court, and that Diet, without so much as taking his leave; nor could the Emperours two Friends, the Spanish and Polish Embassadours, sent after him on purpose to moderate his passion, have any effect upon him, as to his return, and home he came, where he found his Majesty under a great regret of this affront to his Embassadour: To mitigate the matter, an Imperial Agent was sent hither, but all in vain, for he was dismiss'd, though he seemingly brought some Propositions from the Emperour for the Palsgraves restituti∣on: This breach of Amity was much encreased by the Proposal of a Marriage of the King of Poland with the Lady Elizabeth, Sister to the Prince Elector; for the dispatch of which, Prince Radzivil was dispatched hither for Treaty, and the matter it self was consented to by the Peers and people of Poland, but the Clergy (much Je∣suited) opposed it, and at last carried it for Ce∣cilia, Arch-Dutchess of Austria, second Sister to the Emperour, and the Match was concluded, much to the disadvantage of the Palsgraves Af∣fairs.

Great care was taken by his Majesty for the en∣crease of his people; and hereupon the Statutes made against depopulation were ordered to be put in execution, and a Warrant was directed on the ninth of July to the Clerk of the Crown, or his Deputy in his Majesties Name, commanding him to prepare several Commissions according to

the form delivered unto him, to enquire touch∣ing Depopulations and Conversions of Lands to Pasture since the tenth year of Queen Elizabeth, in the Counties of Oxford, Cambridge, Warwick, and Nottingham, directed to Edward Savage, and Edmond Windham, two of the Gentlemen of his Majesties Privy Chamber, and to Gilbert Boon of Lincol••s-Inn Esquire, or any two of them.

By vertue of which Commission, and the ter∣rour of the Fine imposed in the Star-Chamber on Sir Anthony Roper for committing Depopulations, there was brought into the Exchequer 30000 l. and upwards. The like Commissions were grant∣ed into other Counties.

Now likewise the City of London Petition'd his Majesty in Councel for mitigation of the number of Ships imposed upon the City, desiring an abatement thereof; and his Majesty ordered Mr. Secretary Cook to give them for answer, that his Command was necessary, for that the preser∣vation of the State did require it, that the charge was not immoderate; exceeding not the propor∣tion of many of your private Estates; that his Majesty would receive no excuses hereupon, but did expect their obedience, and a short account thereof; that the Presidents they alledged of former times were obedience, and not direction to their Prince and Soveraign.

The Pestilence encreasing in the Cities of London and Westminster, and in divers other parts of the Kingdom, his Majesty issued out his Royal Proclamation for the observing of a Weekly Fast thoroughout the Realm of England, in such manner as is directed in that Proclama∣tion.

Our Reader was formerly acquainted, how that his Majesty had issued out the Writs for Ship-money the last year, and how that in some places they did not find that acceptance and en∣tertainment with the Subject that was expected; in Yorkshire and Lancashire, and many other Shires, the payments were readily made, and the Moneys brought in by the respective Sheriffs, but not so in other Countries; for many (but more particularly one Hampden of Buckingham∣shire) being assisted by the Sheriffs, made default of payment: This person was a man well known not to be over-well affected to the Go∣vernment, and being incouraged hereto by the ••••••••ious assistance of some others of his own per∣swasion, denies the payment, craves Oyer of the Kings Writ, and resolvedly stands Tryal with the King, demurs in Law, and demands the Judges Opinion of those Writs; his Majesty had already commanded the Lord Keeper to summon the Judges together according to their Oaths, to give their Opinions therein impartially, with∣out fear or favour; and accordingly, Thomas Lord Coventry, Lord Keeper of the Great Seal of England, commands the Judges ••ttendance in the Court of Star-Chamber, the 14th day of Fe∣bruary, Anno R••gni Regis Caroli 12. Annoque Do∣mini 1636. and delivered what he had hereupon in charge from his Majesty, as followeth.

My Lords the Judges,

THe Term being now at an end, and the As∣size at hand, his Majesty hath command∣ed, that according to the Custom in former times, so now you should in this place receive some directions for the execution of Justice in all parts of the Kingdom whereto you resort; this (as it may justly be) is a great comfort to his Majesties Subjects to see his Majesties care herein; which as it is a testimony of their own happiness, in receiving Justice from the King himself, the Fountain of Justice, so it may as justly add strength and incouragement to you when you go your Circuits, not only to be arm∣ed with your own Authority by Commission, but with your Princes Instruction. In the doing of Justice, you will find things of several na∣tures and degrees: In some Pleas before you, Communicative Justice beareth sway; as in that which is meum & tuu••: In others distributive Justice, as in praemium & paenam: Some concern one, and a few others concern the multitude o∣thers concern the King, and all the Kings Peo∣ple: In some Pleas things are drawn afo••e you that are ad nocumentum of this and that particu∣lar Town; some ad nocumentum t••tius Regni, some things are drawn afore you that are contra pacem Regis, and others contra Coronam & Dig∣nitatem Regis; and in this variety of business, that as there are many of a lesser and lower de∣gree, yet not to be omitted, so you have gra∣viora Legis upon which you are to pitch your mark, haec oportet sieri illa non omittere. In that Justice which you are to do between party and party, his Majesty doth require you, as in all his Courts here, so in your Circuits you admi∣nister impartial Justice, and repress vexatious and wrangling Suits, not worthy the dignity of your own Persons, and the Court where you sit; for those actions, as they empty the Spleen on the one fide, so they never fail to empty the Purse on both sides. But besides the doing of Justice between man and man, there is much more expected from your Lordships: for the Publick business of the Country is of m••ch more importance than the Tryal of a Nisi Prius, and fitting you should osteem them so; and therefore it is his Majesties Command, that those services which concern himself, and the Publick, be timely thought of, not posted off to the end of the Assize. Now afore all other things, the advancement of Religion and Piety towards God, the Peace of the Church, and the execution of those Laws that tend to th••se ends ought to have the first place. As oft as I have had occasion to speak to you here, I have seldome spared to give you a charge of the Laws against Recusants; and I must reiterate it now, for if you convict them not in the Coun∣try, there is like to be little Reformation or profit to his Majesty; and whosoever they be that will not be found in the Church, it be∣hoveth you to take order that they be found in the Exchequer. Next place, that you proceed roundly against Capital and Felonious Offen∣ders, especially Robbers in the High-way, who now march in Troopsafter a high hand. As a good Judge ought in Court to shew severity to those in the Gaol, so the ablest and activest men in the Shire ought to do their utmost en∣deavours for the apprehending of those Offen∣ders as are abroad, that when you are there, or here at the Term, the service may proceed in a good way, and you be made a Terrour to Ma∣lefactors, as some of your Predecessors have been; for if your care be not great, Malefa∣ctors will abound; therefore you must shew a severe and constant way of Justice when they are found, and it will soon abate their pride wherewith they now bear up themselves, and fit it is with an unanimous consent you all agree of one course, for if there be a remisness in any one Circuit, this leave••h a way to Malefa∣ctors

to overth••ow all Reformation, and Ju∣stice is thereby discouraged: Next, care must ••e had of those Laws which concern luxury and idleness, the suppressing and punishing of Va∣gabonds, the ordering and imploying of Hou∣ses of Correction, the repressing of Alehouses and Tipling-houses, binding of Apprentices; if this were well and constantly observed, they would save many able bodies which die mise∣rably at the Gallows, and cut off a multitude of enormities that pester the Commonwealth, and lessen the number of Thieves and Robbers; and therefore your Lordships should do well to have a special care of the execution of those Laws; and this giveth me occasion to put you in mind of those Printed Orders published by his Majesty in the year 1630. wherein at first there was a direction given for an account to be made by the Sheriff and Justices of Peace; this same was orderly kept in divers places, in others not so well: It was afterwards advised by your selves, that the way of account should be changed, and that you should receive it at the Assize, and present it to the Councel-Board, yet it is my part to tell you it hath not so appeared by the account that is come to the Councel-Table, and it is expected a better he given by you at the next Term. Now in re∣spect the Publick Service dependeth much upon the Justices of Peace in the County, it will be necessary that you cast your eye upon them, that they give due attendance at the Assize; it is their duty to do it, and yours to enforce it up∣on them: An Assize lasteth but a few days, but the instructions which they may receive from you in that short time, may be of great use for the County for the whole year: Also that you examine whether they give due attendance at the Quarter-Sessions, although there is an ex∣press Article in their Oath that they should give it; therefore it is a thing very sitting, and well worthy your labour, that in the beginning of every Assize, you trust not to the Clerk of the Peace his Information, but that your selves do cast an eye upon his Book, and command him to return the Names of such Justices of Peace as you find by his Book were absent at the Quarter-Sessions; fit it will be that you let them know, that to prefer a Riding, or Bowling, or Hunting-Match, before their attendance at the Quarter-Sessions, is little less than Perjury; and if your admonition will not serve the turn, a re∣medy shall be taken. Third place, it is necessa∣ry for you to enquire how they attend the Monthly Meetings, or other times of Publick Service; for this I am sure, they are all within one Commission, and have the same Oath, and the same attendance is imposed upon all, and why the greatest number exempt themselves, and leave the Publick Service upon a few; I know not, but if I may know the particular men (of which I hope I shall henceforwards by your Lordships) I shall rid them out of the Commission, and put others in their places.

My Lords, I have but one particular more, and that of great importance, whereof by spe∣cial direction and Commandment from his Ma∣jesty I am to speak unto you at this time; all of you are the Witnesses of his Majesties proceed∣ings, though the candour and clearness of his own heart exceedeth your Testimony, and your Testimony is not only fit to be declared in this place, but in all the places of this Realm; his Majesty hath now the third time sent forth Writs to require the aid of his Subjects for the Guard of the Dominion of the Sea, and safety of the Kingdom: This his Majesty did upon great deliberation and advice, and upon impor∣tunate and weighty reasons. In the first year, when the Writs were directed to the Ports and Maritine places, they received little or no op∣position; but in the second year, when they went generally throughout the Kingdome (though by most well obeyed) have been refused by some, not only in some Inland Shires, but in some of the Maritine places, and Actions have been brought against some that have been im∣ployed in the execution of those Writs: I sup∣pose that no man will suspect that (Arcana Regni) the private Reasons of a Prince should either upon this or other occasions be made publick; but so many Reasons as were fit to be opened, were formerly declared by me, in this place, to you the Judges of this Realm. The first was, that the whole Kingdom is concerned, in point of safety; for admitting there were no other Councel or attempt against us, but only to interrupt us in the Dominion of the Sea, our most secure and safe defence, better than either Castle or Forts, which if it be com∣manded by others, it lays us open to much peril and danger. Secondly, the whole Kingdom is concerned in point of Honour, for it is one of the most ancient and Honourable Rights of the Crown of England, even the Dominion of the Sea; and all Records do shew, how the Kings and People of England have ever been careful that this Honour should never perish; and certainly the whole Kingdom is concerned in point of Trade and profit, for the Traffick doth not only enrich the Maritine places, but the In-land Towns; and if Trading fail, the In-land places will find it in the fall of the pri∣zes of Wooll, Lead, and staple Commodities. This experience sheweth daily, when upon e∣very stop of the Vent of Cloth, there cometh such out-cries by the Weaver, Fuller, Spinner, and Wooll-growers themselves, and the Au∣thority of the Law shews the same 43. in the Book of Assize, which your Lordships know better than I: It appeareth that certain men went into the Country, and cast out a fame, that for that year no Wooll should be tran∣sported beyond the Seas; presently upon this the price of Woolls fell, and those men were called into question, and were adjudged in a Fine for it. Now if a Rumour did so much a∣bate the Trade in the Heart of the Kingdom, what would the loss of the Dominion of the Sea do, which exposeth us and all our Trade to the mercy of our Neighbours? Therefore since the Realm and the whole Kingdom is concern∣ed in point of honour, safety, and profit, what reason if all should contribute to the mainte∣nance of it? This, or to this effect, I did former∣ly declare to you the Judges by his Majesties Commandment, and his Majesty received satis∣faction, in that you made a full Declaration thereof in your Circuits; and this I may say, for the most part, the Subjects have shewed them∣selves most dutiful and obedient in this service of his Majesty, and this year the sum imposed upon the County of York, being 12000 l. is brought in already by the Sheriff, and so is most part of Lancashire, and other Shires; but when his Majesty heard of some refusals, though he had cause to be sensible of it, yet was far from being transported with Passion, but

thought good to resort to the advice of you his Judges, who are sworn to give him faithful and true Counsel in that which pertaineth to the Law; and this his Majesty, as well for the di∣rection of his own course, as for the satisfacti∣on of his Subjects, requiring you to deliver your Opinions herein, to which you returned an answer under your own hands: And because the Commandment which yov received of the King is expressed in a Princely Letter under his own Signature, I shall not take upon me to re∣peat it, you shall hear it read;

which being de∣livered by my Lord Keeper to one of the Clerks in Court, was read, to this or the like effect.

Carolus Rex.

TRusty and Well-beloved, we greet you well;

Taking into our Princely conside∣ration, that the honour and safety of this our Realm of England, the preservation whereof is only intrusted in our own care, was and is now more nearly concerned than in former times, as well by divers Councels and attempts to take from us the Dominion of the Sea, of which we are sole Lords and rightful Owners, the loss whereof would be of greatest danger and pe••il to this Kingdom, and other our Dominions, We for the avoiding of these and the like dan∣gers, well weighing with our selves, that where the good and safety of the Kingdom in general is concerned, and the whole Kingdom in dan∣ger, there the charge and defence ought to be born by all the Realm in general, did for pre∣vention of so publick a mischief resolve with our selves to have a Royal Navy provided, that might be of force and power, with Almighty Gods blessing and assistance, to protect and de∣send this o••r Realm, and our Subjects therein, from all such perils and dangers; and for that purpose we issued forth Writs under our Great Seal of England, and directed to all our Sheriffs of all our several Counties of England and Wales, commanding thereby all our said Sub∣jects in every City, Town and Village, to pro∣vide such a number of Ships well furnished, as might serve for this our Royal purpose, and which might be done with the greatest equality that could be. In Performance whereof, though generally throughout all the Cou••ties of this our Realm we have found in our Subjects great chea••fulness and alacrity, which we graciously interpret as a testimony, as well of their duti∣ful affections to us, and to our service, as of the respect they have to the Publick, which well becometh every good Subject: Nevertheless finding that some few, happily out of ignorance, what the Laws and Customs of this our Realm are, or out of a desire to be eased and freed in their particulars (how general soever the charge ought to be) have not yet paid and contributed the several Rates and Ass••ssments that were set upon them; and foreseeing in our Princely Wisdom, that from hence divers Suits and A∣ctions are not unlikely to be commenced and prosecuted in our several Courts at Westminster, we desirous to avoid such inconveniences, and out of our Princely love and affection to all our People, being willing to prevent such Errours as any of our loving Subjects may happen to run into, have thought fit, in a case of this na∣ture, to advise with you our Judges, who, we doubt not, are all well studied and informed in the Rights of our Soveraignty. And because 〈◊〉〈◊〉 Tryals in our several Courts, by the forma∣lity in Pleading, will require a long protracti∣on, We have thought expedient by this our Letter directed to you all, to require your Judgments in the Case, as it is set down in the inclosed Paper, which will not only gain time, but also be of more Authority to over-rule any Prejudicate Opinions of others in the point.

Given under our Signet at our Court at White-Hall, the second day of Fe∣bruary, in the twelfth year of our Reign, A. D. 1636.

This being thus read, the Lord Keeper com∣manded the Case inclosed to be read, being as followeth.

Carolus Rex.

WHen the good and safety of the Kingdom in general is concerned, and the whole Kingdom in danger, whether may not the King by Writ under the Great Seal of England, command all the Subjects of this Kingdom, at their charge, to provide and furnish such number of Ships with Men, Victuals, and Munition, and for such time as he shall think fit, for the defence and safeguard of the King∣dom from such danger and peril, and by Law com∣pel the doing thereof, in case of refusal or refractori∣ness? And whether in such a case is not the King the sole Judge, both of the danger, and when, and how the same is to be prevented and avoided?

May it please your Most Excellent Majesty,

WE have according to your Majesties Com∣mand, every man by himself, and all of us together, taken into consideration the Case and Que∣stion signed by your Majesty, and inclosed in your Royal Letter: And we are of Opinion, that when the good and safety of the Kingdom in general is concerned, and the whole Kingdom in danger, your Majesty may by Writ under the Great Seal of Eng∣land, command all the Subjects of this your King∣dom, at their charge, to provide and furnish such number of Ships with Men; Munition, and Victuals, and for such time as your Majesty shall think fit, for the defence and safeguard of the Kingdom from such danger and peril; and that by Law your Ma∣jesty may compel the doing thereof, in case of refusal or refractoriness: And we are also of Opinion, that in such a Case your Majesty is the sole Judge, both of the danger, and when, and how the same is to be prevented and avoided.

• Jo. Bramston,
• Jo. Finch,
• Hump. Davenport,
• Jo. Denham,
• * Rich. Hutton,
• William Jones,
• * George Crooke,
• Thom. Treavor,
• Geo. Vernon,
• Fra. Crawley,
• Robert Berkley,
• Fra. Weston.

The said Case, with the Judges Opinion thereunto (formerly in private delivered to his Majesty) being thus publickly made known by my Lord Keeper, who withall caused their seve∣ral names to be read, as they were in order sub∣scribed (all the Judges being present save Judge Crooke) my Lord Keeper spoke as followeth,

My Lords,

This being the Uniform Resolution of all the Judges of England with one voice, and set un∣der their own hands; I say, this being so resol∣ved, as they do here express upon every mans particular studying the Case, and upon a gene∣ral

Conference among themselves, it is of very great Authority, for the very Lives and Lands of the Kings Subjects are to be determined by these Reverend Judges, much more a Charge of this nature, which God knows cannot be bur∣densome to any, but is of singular use and con∣sequence, and for the safety of the whole King∣dom; the Command from his Majesty is, that I should publish this your Opinion in this place, and give order that it should be entred in this Court, in the High Court of Chancery, in the Courts of Kings-Bench, Common Pleas, and Exchequer, for this is a thing not fit to be kept in a corner: And his further Command is, that you the Judges do declare and publish this ge∣neral Resolution of all the Judges of England throughout all parts of the Kingdom, that all men may take notice thereof, and that those his Subjects which have been in any errour may in∣form themselves, or be reformed; you have great cause to declare it with joy, and you can hardly do it with honour enough to the King, that in so high a point of his Soveraignty, he hath been pleased to descend, and to com∣municate with you his Judges, which sheweth, that Justice and Soveraignty in his Majesty doth kiss each other; his pleasure further being, that you let all know, that it is not his purpose by this Resolution to stop or check the Actions or Suits which any have brought, or shall bring, concerning this; for it is his Majesties Com∣mand, that all such as proceed in an Action a∣bout the same have equal and meet Justice, and they be suffered to proceed in course of Law, so as you call the Kings Learned Council unto their proceedings, that they may not be surpri∣sed. Now, my Lords, I have little more to say but this, I am sure of that, if any contrary O∣pinion shall yet remain amongst men, it must proceed from those which are Sons of the Law, faelices essent artes, &c.) And you the Judges of the Realm, you are and ever have been account∣ed the Fathers of the Law; then in good Faith it will ill become the Son to dispute against the Father. Having thus delivered unto you what I received in Commandment from his Majesty, and as his Majesty doth, so do I leave it to your Judgments.

The Judges having subscribed the Legality of the Shipwrights, His Majesty commanded the said Attestation to be enrolled in all the Courts of Westminster-Hall; which was Warrant enough for His Majesty to proceed against any Defaulters: one more signal and notorious than others; Mr. Hampden of Buckingham-shire appeared upon Pro∣cess and required Oyer of those Writs, which be∣ing granted him according to Law, he demurr'd in Law thereto, and demands the Judges Opini∣ons upon the Legality of those Writs, which was argued in the Exchequer-Chamber; all the Judges of the Land and Barons of the Exchequer (except Crooke and Hutton) were of opinion for the Writs, and therefore the Barons of the Exchequer gave Sentence for the King against Hampden accord∣ingly, as will hereafter by their Opinions ap∣pear.

Upon the seventeenth of March Her Majesty was safely delivered of the Lady Ann Her third Daughter.

The Prince Elector Palatine and his Brother * 5.1 Prince Rupert departed from the Court in the be∣ginning of this year: hopes they had of atchieving somewhat in order to the Restitution to their An∣tient Patrimony, and accordingly getting toge∣ther a small Army in Holland, with the Assistance of their Uncle His Majesty of Great Britains Mo∣ney, the Prince of Orange and States also of the Ʋnited Netherlands contributing (but in private) thereto, they the Year ensuing advanced into Westphalia, and besieged Lemgea, to the Succour whereof advanced Ha••sfield the Imperial General: and battel being joyned thereupon, the Victory fell to the Imperialists, who kill'd two thousand on the place, and took Prisoners Prince Ruper•• and the Lord Craven, the Elector escaping into Holland.

In Midsummer Term this year there happened two notable Trials in the Court of Star-Chamber, the one Dr. Williams Bishop of Lincoln sometimes Lord Keeper of the Great Seal of England, and of three other notorious Persons, Prynne, Burton, and Bostwicke, a Lawyer, a Divine, and a Physitian, as if all perfections had engaged in the Puritans Quarrel against the Party: The Bishop was charg∣ed with Subornation of two of his Countrymen, Owen and Powel, to procure the suppression of an Order of the Publick Sessions of Lincoln, which charged one Pridgeon his Servant with bege••ting a Bastard upon the Body of one Elizabeth Hodgson, and accordingly adjudged the said Pridgeon to keep the Child; the two suborned persons Depositions lay it upon one Boone, and acquits the other: This tampering cost the Bishop a ••ound sum of Money, and for this he was fined 10000 l. to His Majesty, and suspended ab officio & beneficio; the Regret of which Procedure ('tis doubted) had some influence upon this Prelate in the late ensuing e∣vil times, when like a Souldier he raised and lead a Troop of Horse against His Sovereign for the Parliament in the ensuing Commotions.

The other Tryal (as we said) was of Mr. Prynne a Barrister of Lincolns-Inn, whose Trial and Sen∣tence in the Star-Chamber you have heard before, and of Mr. Burton, who had been Clerk of the Princes Chappel, and was said by some to be dis∣contented, for that Preferment had not been given him according (as he thought) to his Demerits, he wrote two Pamphlets against Episcopacy full of animosity, faction, and rancor; but these two (if it was possible) were quite outdone by Dr. Bast∣wicke the Physitian, who had some three years be∣fore wrote a reproachful Apology against all the Prelates of England, more particularly naming Arch-Bishop Laud and Bishop Juxon, whom he stiles the Magnificus Rector of His Majesties Treasury by way of scoff and jeer; this reverend Prelate together with Father William his Holiness of Canterbury and the Whore of Babylon, are invited very solemnly to be Witnesses to the Baptism of the Child and Off∣spring of the Doctors Brain his Book. These are his words. And when he comes to answer in the Star-Chamber, he is no less extravagant, where he fills six Skins of Parchment, which he after∣wards Printed and Dedicated to His Majesty, of∣fering Proof of all: A little farther to shew him and the temper of that Party, see his Answer, which he entituleth,

The Answer of John Bastwick Doctor of Physick to the Information of Sir John Banks Knight, Attor∣ney General: in which there is a sufficient demonstra∣tion, That the Prelates are Invaders of the Kings Prerogative Royal, contemners and despisers of the Holy Scriptures, Advancers of Popery, Superstition,

Idolatry, and Prophaness. Also, that they abuse the Kings Authority to the oppression of his Loyalest Sub∣jects; and therein exercise great Cruelty, Tyranny, and Injustice; and in the execution of these impious performances, they shew neither wit, honesty, nor temperance: Nor are they either Servants of God, or of the King (as they are not indeed) but of the Devil, being Enemies of God and the King, as of every li∣ving thing that is good. All which the said Dr. Bast∣wick is ready to maintain, &c.

Their Punishments were, Mr. Prynne was fined five thousand pounds to the King, to loose the remain∣der of his Ears in the Pillory, to be stigmatized on both Cheeks with an S. for Schismatick, and perpetual im∣prisonment in Carnarvan Castle in Wales. Bastwick and Burton each five thousand pounds fine to the King, to loose their Ears in the Pillory and to be imprisoned; the first in Lanceston Castle in Cornwal, and the other in Lancaster Castle.

And now we shall come to the Tryal in the Case of Ship-Money; it was argued before all the Judges in the Exchequer Chamber, John Hampden Esq being Defendant, in behalf of whom argued Oliver St. John of Lincoln-Inn Barrister, the 6th. of November 1637, as followeth.

Notes

• * 1.1

  10. May 163••.
• * 1.2

  〈◊〉〈◊〉 To 〈…〉〈…〉▪
• * 5.1

  Anno 1637.