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.

The Judges Opinion about the Par∣liament in Ireland.

May it please your Honourable Lordships.

ACcording to your Lordships Order the 19th * 1.1 of September last, we have taken into our consideration the Letters written from the Lord Deputy of Ireland, touching the Summons of a Parliament already made there, and the former Certificate made by his Majesties Commissioners for Irish Causes, as was directed by the said Or∣der. Upon Consideration whereof, we find that the said Summons already made, is unwarranta∣ble; and that if a Parliament should be assem∣sembled and proceed thereupon, all that should be done therein, would be utterly void.

The Statute of 10 Hen. 7. commonly called Poyning's Act, and the Statute 3 and 4 of Phil. and Mary, expounding and explaining the doubts conceived upon that Act, do prescribe an absolute form of summoning a Parliament in that Kingdom, which must be by a Certificate first made by the Lord Deputy and Council, from thence, of such Acts as they would offer to his Majesties consideration, with the Reasons and Motives for the same to be enacted there, and that Certificate to be under the Great Seal of Ireland: Which Acts, so propounded, must be returned back from hence, approved or al∣tered by his Majesty, as by him shall be thought fit; together with his Majesties Licence for summoning of a Parliament under the Great Seal of England, and then, and not before, the Summons of a Parliament there is to issue; wherein if any failure be of those Circumstan∣ces prescribed by these two Laws, which conti∣nue in force in that Kingdom, all that shall be done will be utterly void. We have also taken into our consideration the Lord Deputies Com∣mission, wherein he hath power given him to Summon the Parliament; but that is limited to be according to the Laws, Statutes, and Cu∣stoms of that Kingdom, and with the King's consent first had, and not otherwise; which hath not been observed in the Summons of this intended Parliament in any of the points before mentioned, and therefore this Summons, not∣withstanding that power, is illegal and void.

We have also observed the passage in the Lord Deputies Letter, as if by an Adjournment this might be Remedied; but we are of opinion that that is not a right way, because it fails in the ground of the Summons; so that upon the whole matter we humbly offer our Opinions, That the best course to be held for the rectifying of the Premises, and for avoiding of all mis-instructi∣ons thereupon, will be this: That directions be given from hence with all possible speed for a Proclamation to be there made, wherein this mistaking, and the reasons thereof, may be pub∣lished, that so the Assembly may be preven∣ted, until by a due and orderly preparation, Summons may be legally, according to the said Laws and Statutes, and that by the same direction they be advised to make due preparati∣on for a Parliament, according to the recited Acts. Whereupon His Majesty may be Graci∣ously pleased to send his Licence and Consent under the Great Seal of England for the Sum∣moning of the Parliament, and so all may af∣ter proceed legally, although with some loss of time, which cannot now be prevented. And if your Lordships shall so approve thereof, we humbly conceive it would not be amiss for the better expedition of the Service, and for the avoiding of all mistakings, that the form of a Proclamation to the effect aforesaid were sent thither, but to be made and Pro∣claimed there, that the Error may appear to have come from themselves, as the truth is; which will most probably take away all Jea∣lousie from the People. But we are of Opi∣nion that no General Writ of Supersedeas of the former Writ of Summons can be award∣ed, because there neither was, nor can be any one General Writ of Summons, and af∣terwards particular Writs of Supersedeas to every one Summoned, would be Infinite and Inconvenient. All which we most humbly sub∣mit to your Majesties great Wisdom and Judg∣ment. Serjeants-Inn in Chancery-lane, Octob. 2. 1628.

Signed by

• ...Thomas Richardson,
• ...Hen. Yelverton,
• ...Geo. Vernon,
• ...Rob. Heath,
• ...Henry Holcroft,
• ...Will. Jones,
• ...George Trevour,
• ...Fran. Ainsly,
• ...Rich. Shilton,
• ...John Finch,
• ...Richard Hadzor.

Whereupon this Proclamation following was issued forth by the Lord Deputy of Ireland in the King's Name, against Priests and Jesuites.

FOrasmuch as we cannot but take notice that the late intermission of legal Proceedings a∣gainst Popish Pretended or Titulary Arch-Bi∣shops, Bishops, Abbots, Deans, Vicars Gene∣ral, Jesuits, Friars, and others of that sort, that derive their pretended Authority and Or∣ders from the See of Rome, hath bred such an extraordinary Insolence and Presumption in them, as that they have dared of late not only to Assemble themselves in Publick Places to ce∣lebrate their Superstitious Services in all parts of this Kingdom, but also have Erected Hou∣ses and Buildings, called Publick Oratories, Colleges, Mass-Houses, and Convents of Fri∣ars, Monks and Nuns, in the eye and open view of the State and elsewhere; and do frequently exercise Jurisdiction against his Majesties Sub∣jects, by Authority derived from the See of Rome, and (by colour of teaching and keeping Schools in their pretended Monasteries and Col∣leges) to train up the Youth of this Kingdom in their Superstitious Religion, to the great Derogation and Contempt of His Majesties Re∣gal Power and Authority, and great offence of many of His Majesties good Subjects, contrary to the Laws and Ecclesiastical Government of this Kingdom, and the Impoverishment of His Majesties Subjects in the same.

These are therefore to will and require, and in His Majesties Name straitly to Charge and Command all, and all manner of such Pretend∣ed or Titulary Arch-Bishops, Bishops, Deans, Vicars General, Arch-Deacons and others, Deriving any Pretended Authority, Power, or Jurisdiction from the See of Rome, That they, and every of them, forbear from henceforth to exercise any such Power, Jurisdiction, or Au∣thority within this Kingdom; and that all such Abbots, Priors, Jesuits, Friars, Monks, Nuns, and others of that sort, as aforesaid, do forth∣with break up their Convents and Assemblies in all Houses of Friars, Colleges, Monaste∣ries, and other Places, wheresoever they are, or shall be Conventually or Collegiately As∣sembled together within this Kingdom, and to Relinquish the same, and to dispose and se∣parate themselves.

And that all and every of the Orders before∣named, and other Priests whatsoever, do from henceforth forbear to Preach, Teach, or Ce∣lebrate their Service in any Church, Chappel, or other Publick Oratory or Place, or to Teach any School in any place or places what∣soever within this Kingdom.

And we do further Charge and Command all and singular the Owners of such Houses of Friars, Colleges, Monasteries, Schools, Ora∣tories, Mass-houses, and Nunneries, That they and every of them respectively, in de∣fault of the Persons before-named, their Vo∣luntary Relinquishing of the said Houses of Friars, Colleges, Monasteries, Schools, O∣ratories, Mass-houses, and Nunneries, do forthwith Expel and thrust forth all and sin∣gular such Friars, Jesuits, and other Mo∣nastical Persons out of the same, and do Convert the same to more lawful Uses, upon pain to have their said Houses Seized upon to His Majesties use; and both the one and the other to be proceeded against for their unlawful Assemblies, and Maintenance of such unlawful Conventicles and Corrupt Nurture of Children, in the severest manner that by the Laws and Statutes of this Kingdom, and Ecclesiastical Government of the same, may be had or Extended; whereof they and eve∣ry of them are to take Notice, and to yield due Obedience thereunto, as they and every of them will avoid His Majesties High Indignation, and the Consequence thereof.

The Estate of Spain was now in no good Condition, which was wittily at Rome pro∣claimed by Pasquin, habiting the Universal Mo∣narch in that Attire of a Begging Fryer to make amends for the Grandeur of the Empe∣rour; another Branch thereof, who was now in Medal Represented by a King under his Feet, [the Ʋnfortunate Palsgrave] and the Emperial Eagle Loaden with Feathers, plucking the Crown from his head; thus we see Monarchies as well as private persons have their Fates and vicissitudes, Hodiè mihi, Cras tibi. Therefore the lofty Spa∣niard being a little concerned at the new Peace lately entred into by the Kings of England and France, dispatcheth hither Don Carlos Colonnas for that great work of Peace-making on his part also, which was brought to pass in November fol∣lowing, being Sworn to by our King, Sunday, De∣cember 17. in the Chappel at Whitehall.

And whereas some have vainly imagined that Peter Reuben the Famous Painter of Antwerp, af∣terwards Knighted by our King, came hither up∣on any such account is Vain and Groundless; for the King having lately Finished the Sumptuous Banquetting House at Whitehall, and Reuben being the most Famous Man in his Art of those times, having done those most Excellent Figures in the Historical Pieces in the Queen Mothers Palace at Paris, on the same Errand he was sent for hither, and ••ourtray'd what we now see in that Banquet∣ting House, viz. the Painting over head in the Room Foreshortned and looking downwards, the Pourtraict of King James in several Relations with all imaginary Similitude of him, looking down from the Clouds, in the rarest Postures, that perhaps these later Ages can Parallel, tending (as one saith) towards Eternity, for which he was very well rewarded, and dubb'd, as before, with the Honour of Knighthood.

The Grand Seignior resolved on the Siege of Babylon lately Revolted, and sends the Grand Vizier on that design with 200000 Men, whose Military Discipline was most exemplary; for he Punished with Death every Souldier wronging in the least matter any Person; who Arriving at Alep∣p••, is Entertained there by a Complaint of the French Consul against the English, for that some of our Men of War had Plundred in the Port of Alexandria some small Barges of Marseilles, who sending for the English Consul, Threatned with Death for the same, and Hanged immediately his Interpreter, he saving his Life by a Present of 30000 Ducatoones. Arare Example of Turkish Justice.

In October the King Declares his Pleasure about the repair of Churches to this effect.

THat having of late taken special notice of * 1.2 the general Decay and Ruin of Parish-Churches in many parts of this Kingdom; and that by Law the same ought to be Repair'd and Maintain'd at the proper charge of the Inhabi∣tants, and others having Land in those Chappel∣ries and Parishes respectively; who had wilfully neglected to repair the same, being Consecrated Places of God's Worship and Divine Service: His Majesty doth therefore Charge and Command all Arch-Bishops and Bishops, That they take special care of the Repairing and Upholding the same from time to time, and by themselves, and their Officers, to take a View and Survey of them, and to use the power of the Ecclesiastical Court, for putting the same in due Execution; and that the Judges be requir'd not to Interrupt this good Work, by their too easy granting of Prohibitions.

And also for Ornament for the City of London, there was an Order of Council-Board.

THat Forasmuch as his Majesty hath received Information of the Unseemliness and De∣formity appearing in Cheap-side, by reason that divers Men of mean Trades have Shops there a∣mongst the Gold-smiths; which disorder, it is his Majesties express pleasure to have reformed; Whereas by occasion that Sir Henage Finch Kt, and some Aldermen, did this day Attend the Board upon other business, there was the same time also mention made of the aforesaid Defor∣mity. It was thereupon thought fit and accor∣dingly Ordered, That the two Lord Chief Ju∣stices, with such other Judges as they shall think meet to call unto them, shall consider what Sta∣tutes, or Laws there are, to enforce the Gold-smiths to Plant themselvs for the use of their Trade, in Cheap-side, Lombard-street, and the parts Adjacent, and thereupon return Certifi∣cate to the Board in Writing, with all Conveni∣ent expedition. Of which Order the said Lord Chief Justices are hereby Prayed and Required to take Notice, and to perform the same accor∣dingly.

And in December following Provision was made against the Transportation of Timber.

WHereas his Majesty and the Board, ha∣ving * 1.3 been Informed of the great decay of Timber, as well within the Kingdom of Ire∣land as here in England, and that Ship-Timber, and Pipe-Staves, and more particularly Knee-Timber, is grown very scarce both here, and in that Kingdom, and therefore the preservation thereof doth much concern the good and safety of his Majesties Dominions. Their Lordships being careful to prevent the Transportation thereof, have this day thought fit and Ordered, that the Lord Treasurer do forthwith give effe∣ctual Order and Directions to the Officers of the Ports of England, That no Ship-Timber, espe∣cially Knee-Timber, or Pipe-Staves, be Trans∣ported to any parts out of this Realm, with∣out special direction from His Majesty, or this Board. And that the like Order be given to the Officers of the Ports of Ireland, for the Re∣straint of all Transportation out of that King∣dom.

This Year was made Famous by the Death of Bethlehem Gabor Prince of Transylvania, who by his last Will Divided his Estate betwixt the Grand Seigniour, the Emperour of Germany, and his Wife the Princess.

On the 30th. of January there were Instructi∣ons came from his Majestie to both the Arch-Bi∣shops to this effect.

Instructions for the most Reverend Father in God, Our Right Trusty, and Intirely Belo∣ved Councellor, George Lord Arch-Bishop of Canterbury, concerning certain Orders to be obs••rved, and put in Execution by the several Bishops in his Province.

Afterwards called Regal Instructions, differing in some things, from the Bishop of London's Con∣siderations before mentioned.

THat the Lords the Bishops give Charge in their Triennial Visitations, and at other Convenient times, both by themselves, and the Arch-Deacons; that the Declaration for the setling all Questions in difference, be strictly ob∣served by all Parties. That there be a special Care taken by them all, that their Ordinations be Solemn, and not of unworthy Persons.

That they take great Care concerning the Le∣ctures in their several Diocesses, for whom We give these special Directions following.

1. That in all Parishes the Afternoon Sermons be turn'd into Catechising by Question and An∣swer, where, and whensoever there is not some great Cause apparent to break this Antient and profitable Order.

2. That every Bishop ordain in his Diocess, That every Lecturer do read Divine Service, ac∣cording to the Liturgy Printed by Authority, in his Surplice and Hood, before the Lecture.

3. That where a Lecture is set up in a Mar∣ket-Town, it may be read by a Company of Grave and Orthodox Divines near adjoining, and in the same Diocess; and that they Preach in Gowns, and not in Cloaks, as too many do use.

4. That if a Corporation do maintain a sin∣gle Lecturer, he be not suffered to Preach; till he profess his willingness to take upon him a Li∣ving with Cure of Souls within that Corporati∣on; and that he do actually take such Benefice, or Cure, so soon as it shall be fairly procur'd for him.

5. That the Bishops do Countenance and En∣courage the Grave and Orthodox Divines of their Clergy, and that they use means, by some of the Clergy or others, that they may have Knowledge how both Lecturers and Preachers within their Diocesses behave themselves in their Sermons, that so they may take order for any Abuse accordingly.

6. That the Bishops suffer none, under No∣blemen, and Men qualified by Law, to have a∣ny private Chaplain in his House.

7. That they take special care that Divine Service be diligently frequented, as well for Prayers and Catechisms, as Sermons; and take a particular note of all such as absent themselves, as Recusants, or otherwise.

8. That every Bishop, that by Our Grace and Favour, and good Opinion of his Service, shall be nominated by Us to another Bishoprick, shall, from that day of nomination, not presume to make any Lease for three Lives, or 21 Years, or concurrent Lease; or any ways to renew any E∣state, or Cut any Wood or Timber, but meer∣ly to receive the Rents due, and quit the Place: For we think it a hateful thing, that any Man's leaving the Bishoprick, should almost undo the Successor. And if any Man shall presume to break this Order, We will refuse Our Royal Assent, and keep him at the place he hath so abus'd.

9. And lastly; We command you to give Us an account, every Year, the second of January, of the performance of these Our Commands.

These Regal Injunctions were sent to the Arch-Bishops of Canterbury and York, and by them to all the Bishops in both the Provinces.

On occasion of which the Bishop of London, Dr. Laud, Summon'd the Clergy of his Diocess in a Solemn Speech pressing their Obedience there∣to.

There happening some Tumult in the City of Chichester, about the Billeting of Souldiers, the Mayor and some of the Aldermen, with two of the Burgesses, were sent for up to London by Or∣der of the Council.

And in regard as before we intimated the Inso∣lencies of the Papists in Ireland, did every day more and more Encrease insomuch as they pro∣ceeded to create Convents of Monks and Nuns openly by Authority from home, the King and Council here being acquainted therewith Wrote the Letter following thereupon to the Lords, Ju∣stices, and Council of Ireland.

Notes

• * 1.1

  The Jud∣ges opini∣ons con∣cerning a Parliam▪ hastily called in Ireland.
• * 1.2

  To repair Churches and Cha∣pels in de∣cay.
• * 1.3

  To Pro∣hibit the Trans∣portat•••• of Tim∣ber.