Anno 1631.

[Anno 1631] Some of the Imprisoned Parliament-men upon their Petition, were remov'd from the Prisons where∣in they then were, to other Prisons, to prevent the danger of the Sickness then increasing. Sir Miles Hobert put in Sureties for his good behaviour, and so was discharged from his Imprisonment.

Sir John Walter died, a grave and learned Judge; * he fell into the King's displeasure, charged by his Majesty for dealing cautelously, and not plainly with him, in the business concerning the Parliament-men: as if he had given his Opinion to the King privately one way, and thereby brought him on the Stage, and there left him, and then was of another Judg∣ment.

His Opinion was contrary to all the rest of the Judges, That a Parliament-man for misdemeanour in * the House, criminally, out of his Office and duty, might be only imprisoned, and not further proceeded against: which seemed very strange to the other Judges, because it could not appear, whether the Party had committed an Offence, unless he might be admitted to his Answer.

The King discharged him of his Service by Mes∣sage, yet he kept his place of chief Baron, and * would not leave it but by legal proceeding; be∣cause his Patent of it was, Quam diu se bene ges∣serit, and it must be tryed, whether he did bene se gerere, or not: He never sate in Court after the King forbad him, yet held his place till he died.

The Judges were sent for to be consulted with, touching the Tryal of the Lord Audley, who was * Indicted for a Rape committed upon his Wife, with his assistance, by one of his own Servants, and for Buggery.

The Tryal was very solemn before the Lord Keeper, made Lord High Steward for that day, and eight Judges Assistants, and twenty seven Peers, the Jury or Judges of the Fact. The Matters were of the most horrid and foul wickedness that ever was heard of, and therefore I have esteemed it not convenient to preserve the memory of the parti∣culars of such infamous and beastly Abomina∣tions.

By Letters from the Lord Keeper, all the Judges of the King's Bench were required to come up to London, and the business was for their Advice, touching the Conference had in Germany, between certain Scots, about making of the Marquess Ham∣bleton Head of a Party against the King, and his Kingdoms of England and Scotland, and what was sit for the King to do thereupon.

The Lord Rea a Scotch Baron, did Impeach * Ramsey and Meldram, for moving him to this Conspiracy. They denied it punctually, and no Witness could be produced; Ramsey a Souldier offered to clear himself by Combate, that he was innocent, and the Appellant Rea accepted of the Challenge. The King was desirous it should be put upon a Duel, and the Judges were consulted with: 1. What the Offence was? 2. Where the Tryal should be.

1. They all with the Lord Keeper were of Opi∣nion, * That it was an high and horrible Treason, if that in the Examinations were true.

2. That the Tryal might be by an Appeal of Trea∣son, upon which Combate might be joyned; but that the King must make a Constable durante bene-placito, for the Marshal could not take the Appeal without him, and that it must be after the manner of the Civil Law, * the Judges not to intermeddle.

[Car. 6] The Judges were also of Opinion, That this pro∣ceeding before the Constable and Marshal, was, as it was before the Stat. 35 H. 8. c. 2. and that that Statute devised a way how to try foreign Treasons in England, but did not take away the other, and that the Stat. 1 Mar. cap. 10. did not take it away, nor intend it; and that a Conviction in this Appeal was no corruption of Blood, nor a forfeiture at the Common Law.

According to the advice of the Judges, there was a Court of the Constable and Marshal appoint∣ed, and the Earl of Lindsey made Constable for that purpose, and the proceedings between Rea and Ramsey in that Court, were very solemn, and mul∣titudes of people attending that Novelty.

In this Tryal it was delivered for Doctrine, That if the Defendant do send a Challenge to the Ap∣pellant, it is a proof of the Defendant's guilt.

That no Testimony is to be neglected in matter of Treason. And the Story in Livy was cited, That it is not base to undergo any Office to save a Nation, but that it was unbecoming a gentle-man to fish for Cir∣cumstances, and then to be an Informer.

That in France the holding up of the Hand is ta∣king an Oath, and in this Case it was urged, That if Ramsey be guilty of Treason, that Rea is so like∣wise; for that both did speak the words in the Accu∣sation. The Business was taken up by the King, through the interest of the Marquess Hambleton, whose Servant Ramsey was; and the Lord Rea re∣turned to his Command under the King of Sweden in Germany.

Sir Nicholas Hyde chief Justice of the King's * Bench, died in August this year; he was promoted to that place by the Duke of Buckingham, and de∣meaned himself in it with good Integrity and pru∣dence in those difficult times; he was somewhat reserved, and not affable.

In Michaelmas Term certain Questions were pro∣pounded * to the Judges, touching the Clergy:

1. Whether Clergy-men were bound to find Watch and Ward, Day or Night. To this the Answer was deferred, till the Judges had informed themselves of the practice in the Countries where they went Circuit.

2. Whether Clergy-men might be compelled to take Apprentices, by the Stat. 43 El. of the Poor. On this all agreed, that no man was out of the Statute, but there was a discretion to be used in the Justices of Peace, to consider where it was fit to put the Child to be kept, and where it was fitter to take money toward the putting of it out. And it was held, that the meaning of the Sta∣tute was not for the Education of them in Arts, but for Charity to keep them, and relieve them, from turning to Roguery and Idleness; so a man's House was, as it were, an Hospital in that case, rather than a Shop of Trade; for they might be brought up to Husbandry, Cookery, Dayery, and the like Services, in an house. This Case I have reported, because it sheweth somewhat of the expectation and temper of the Clergy in that time.

The same likewise appeared by proceedings a∣gainst * some of the University of Oxford, for Ser∣mons preached by them against Arminianism, and upon other Points of Religion, then in Contro∣versie; upon which divers of them were censured, and some expelled the University.

Much difference of Opinion was also preached and published, touching the Observation of the Lord s-day: And in the North they kept their Wakes and Ale-meetings upon the Sabbath-day. Whereof complaint being made at the Assizes, Judge Richardson was so hardy, as to make an Or∣der to suppress them. But the Bishops took this as an Intruding upon the Ecclesiastical Power, and Bishop Laud complaining of it to the King, the Page  17 Judge was checkt, and occasion was taken from hence, to republish the former Book, for allowance of Pasttimes upon the Lord's-day, which was not very pleasing to many, who were no Puritans, as well as to them generally. *

About this time the Repair of Pauls was set on work, chiefly by the Zeal of Bishop Laud; and new Images and Ornaments other than formerly, were set up, to the discontent of many persons.

The King came himself to this Church, and made a kind of Procession to view it, and granted a Commission to some Bishops and others, to have a Contribution, and to see the Work done: Some affirm, that about Eighty thousand pounds was ga∣thered for it, and Sir Paul Pindar is remembred to * have laid out Nineteen thousand pounds of his own Money towards it.

A piece of London Bridge was burnt down.

The King fell sick of the Small-pox, but was well recovered again to the joy of his Subjects.