Selected quad for the lemma: justice_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
justice_n archbishop_n lord_n sir_n 3,288 5 6.7862 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A43524 Cyprianus anglicus, or, The history of the life and death of the Most Reverend and renowned prelate William, by divine providence Lord Archbishop of Canterbury ... containing also the ecclesiastical history of the three kingdoms of England, Scotland, and Ireland from his first rising till his death / by P. Heylyn ... Heylyn, Peter, 1600-1662. 1668 (1668) Wing H1699; ESTC R4332 571,739 552

There are 8 snippets containing the selected quad. | View lemmatised text

in sundry parts of this Kingdom And therefore he did not only require that none of them might have any manner of Covert Protection Countenance or connivence from them or any of the rest as they tendred his Royal Commandment in that behalf but that all possible diligence be used as well to unmask the false shadows and pretences of those who may possibly be won to Conformity letting all men know That he could not think well of any that having Place and Authority in the Church do permit such persons to pass with impunity much less if they give them any countenance to the emboldening them or their adherents On the receiving of these Letters Abbot transmits the Copies of them to his several Suffragans and to our Bishop of St. Davids amongst the rest requiring him to conform therein to his Majesties Pleasure and to see the same executed in all parts of his Diocess On the receipt whereof the Bishop commands his Chancellor Arch-Deacons and other Ecclesiastical Officers within his Diocess of St. Davids That all possible care be taken of such as are any way backward in Points of Religion and more especially of known and professed Recusants that they may be carefully presented and Proceedings had against them to Excommunication according to form and order of Law and that there be a true List and Catalogue of all such as have been presented and proceeded against sent to him yearly after Easter by him to be presented to the Archbishop of Canterbury as had been required No Command given unto his Chancellor and other Officers to look into the Practises and Proceedings of the Puritan Faction for which I am able to give no reason but that he had received no such Direction and Command from Archbishop Abbot whose Letter pointed him no further it is no hard matter to say why than to the searching out presenting and Excommunicating the Popish Recusants And in what he commanded he was obeyed by his Chancellor returning to him in Iune following the names of such Recusants as lived within the Counties of Caermarthen and Pembroke the chief parts of his Diocess The Kings Coronation now draws on for which Solemnity he had appointed the Feast of the Purification of the Blessed Virgin better known by the name of Candlemas day The Coronations of King Edward vi and Queen Elizabeth had been performed according to the Rites and Ceremonies of the Roman Pontificals That at the Coronation of King Iames had been drawn in haste and wanted many things which might have been considered of in a time of leasure His Majesty therefore issueth a Commission to the Archbishop of Canterbury and certain other Bishops whereof Laud was one to consider of the Form and Order of the Coronation and to accomodate the same more punctually to the present Rules and Orders of the Church of England On the fourth of Ianuary the Commissioners first met to consult about it and having compared t●e Form observed in the Coronation of King Iames with the publick Rituals it was agreed upon amongst them to make some Alterations in it and Additions to it The Alteration in it was that the Unction was to be performed in forma Crucis after the manner of a Cross which was accordingly done by Abbot when he officiated as Archbishop of Canterbury in the Coronation The Additions in the Form consisted chiefly in one Prayer or Request to him in the behalf of the Clergy and the clause of another Prayer for him to Almighty God the last of which was thought to have ascribed too much Power to the King the first to themselves especially by the advancing of the Bishops and Clergy above the Laity The Prayer or Request which was made to him followed after the Vnction and was this viz. Stand and hold fast from henceforth the Place to which you have been Heir by the Succession of your Forefathers being now delivered to you by the Authority of Almighty God and by the hands of us and all the Bishops and Servants of God And as you see the Clergy to come neerer to the Altar than others so remember that in place convenient you give them greater honour that the Mediator of God and Man may establish you in the Kingly Throne to be the Mediator between the Clergy and the Laity that you may Reign for ever with Iesus Christ the King of Kings and Lord of Lords who with the Father and the Holy Ghost liveth and reigneth for ever Amen The Clause of that Prayer which was made for him had been intermitted since the time of King Henry vi and was this that followeth viz. Let him obtain favour for the People like Aaron in the Tabernacle Elisha in the Waters Zacharias in the Temple Give him Peters Key of Discipline and Pauls Doctrine Which Clause had been omitted in times of Popery as intimating more Ecclesiastical Jurisdiction to be given to our Kings than the Popes allowed of and for the same reason was now quarrell'd at by the Puritan Faction It was objected commonly in the time of his fall That in digesting the form of the Coronation he altered the Coronation Oath making it more advantageous to the King and less beneficial to the People than it had been formerly from which calumny his Majesty cleared both himself and the Bishop when they were both involved by common Speech in the guilt thereof For the clearer manifestation of which truth I will first set down the Oath it self as it was taken by the King and then the Kings Defence for his taking of it Now the Oath is this The Form of the CORONATION-OATH SIR says the Archbishop Will you grant keep and by your Oath confirm to your People of ENGLAND the Laws and Customs to them granted by the Kings of ENGLAND your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the Glorious King St. Edward your Predecessor according to the Laws of God the true Profession of the Gospel established in this Kingdom and agreeable to the Prerogative of the Kings thereof and the Ancient Customs of this Land The King Answers I grant and promise to keep them Archbishop Sir Will you keep Peace and Godly Agreement entirely according to your Power b●th to God the Holy Church the Clergie and the People Rex I will keep it Archbishop Sir Will you to your Power cause Iustice Law and Discretion in Mercy and Truth to be executed in all your ●udgments Rex I will Archbishop Sir Will you grant to hold and grant to keep the Laws and rightful Customs which the Comm●nal●y of this your Kingdom have and will you de●end and uphold them to the honour of God so much as in you lieth Rex I grant and promise so to do Then one of the Bishops reads this Admonition to the King before the People with a loud voice Our Lord and King we beseech you to pardon and to grant and to preserve unto us and
Archbishop knew full well how small a Progress he should make in his Reformation for reducing the French and Dutch to a Communion with the Church of England and the Church of England to it self if London were not brought to some Conformity Which City having a strong influence on all parts of the Kingdom was generally looked on as the Compass by which the lesser Towns and Corporations were to steer their Course the practice of it being pleaded upon all occasions for Vestries Lectures and some other Innovations in the State of the Church And to this nothing more concurred than that the Beneficed Clergy being but meanly provided for were forced to undertake some Lectures or otherwise to connive at many things contrary to their own Judgment and the Rules of the Church in hope that gaining the good will thereby of the Chief of their Parishes they might be gratified by them with Entertainments Presents and some other helps to mend their Maintenance The Lecturers in the mean time as being Creatures of the People and depending wholly on the Purse of the wealthier Citizens not only overtopped them in point of Power and Reputation but generally of Profit and Revenue also Not that these Lecturers were maintained so much by the Zeal and Bounty of their Patrons as by a general Fraud which for many years last past had been put upon the Regular Clergy by the diminishing of whose just Dues in Tythes and Offerings such Lecturers and Trencher-Chaplains had been fed and cherished For the better understanding whereof we are to know That in the year 1228. Roger Niger Bishop of London ordained by a Synodical Constitution That the Citizens should pay of every pounds Rent by the year of all Houses Shops c. the Sum of 3 s. 5 d. as time out of mind had formerly been paid Which 3 s. 5 d. did arise from the Offerings upon every Sunday and thirty of the principal Holydays in the same year after the Rate of one halspeny for every twenty shillings Rent of their Houses Shops c. This Order of Roger Niger remaining in force till the year 1397. and the C●●●gy being kept to such Rates for the Rents of Houses as at the first making of the same it was decreed by Thomas Arundell then Bishop of Canterbury That as the Rent increased so the Offerings or Tythes should increase also That the said Order should be read in every Parish-Church four times in the year and a Curse laid upon all those who should not obey it Confirmed by Pope Innocent vii and Nicholas v. with a Proviso That the said Oblations should be paid according to the true yearly value of the Shops and Houses It so remained until the twenty fifth year of Henry viii at what time many of the former Holydays being abrogated by the Kings Authority the yearly Profit of the Clergy found a great abatement the greater in regard of the variances which arose betwixt them and their Parishioners about the payment of their Dues the People taking the advantage of some Disorders which the Clergy at that present had been brought unto by acknowledging the King for the Supream Head of the Church of England Upon this variance a Complaint is made unto the King who refers the whole matter to Cranmer Archbishop of Canterbury Audley Lord Chancellor Gardiner Bishop of Winton Cromwell Chief Secretary of Estate Fitz-Iames and Norwich Chief Justices of the several Benches by whom it was concluded That from thenceforth 2 s. 9 d. only should be paid out of every pound for the Rents of Houses Shops c. And to this Order the Citizens did not only consent as they had good reason but bound themselves by an Act of Common Council to perform the same the said Decree confirmed by Act of Parliament in the twenty seventh and afterwards in the thirty seventh of that King with a power given to the Lord Mayor to commit to Prison every person whatsoever who should not pay his Tythes and Dues according to that Proportion But contrary to the true intent and meaning of the said Decrees and the several Acts of Parliament which confirmed the same the covetous and unconscionable Landlords who had the Fee-simple or some long Leases at the least of such shops and houses devised many base and fraudulent waies to put a cheat upon the Law and abuse the Clergie reserving some small sum in the name of a Rent and covenanting for other greater Sums to be paid quarterly or half yearly in the name of Fines Annuities Pensions Incomes Interest money c. Finding these Payments so conditioned and agreed upon to be too visible a cheat some were so wise as to take their Fines in gross when they sealed their Leases some inconsiderable Rent being charged upon them others so cunning as to have two Leases on foot at the same time one at a low contemptible Rent to gull the Incumbent of his dues the other with a Rent four or five times as great to keep down the Tenant and some by a more cleanly kind of conveyance reserving a small Rent as others did caused their Tenants to enter into several bonds for the payment of so much money yearly with reference to the term which they had in their Leases By which Devises and deceits the house-Rents were reduced to so low a value that some Aldermen who do not use to dwell in Sheds and Cottages could be charged with no more than twenty shillings for a whole years Tythe the Rent reserved amounts after that proportion but to seven pounds yearly The Clergie by the Alteration of Religion had lost those great advantages which had before accrued unto them by Obits Mortuaries Obventions to the Shrines and Images of some special Saints Church Lands and personal Tythes according to mens honest gain which last was thought to have amounted to more than the Tythe of houses Being deprived of the one and abused in the other they were forced in the sixteenth of King Iames Anno 1618. to have recourse to the Court of Exchequer by the Barons whereof it was declared that according to the true intent of the said Acts the Inhabitants of London and the Liberties thereof ought to pay the Tythe of their houses shops c. after the rate of two shillings nine pence in the pound proportionable to the true yearly value of the Rent thereof In order whereunto it was then ordered by the Court that a Shed which had been built and made a convenient dwelling house should pay twenty four shillings nine pence yearly in the name of a Tythe as was afterwards awarded by Sir Henry Yelverton upon a reference made unto him that one Rawlins who paid forty shillings yearly to his Landlord in the name of a Rent and twelve pound by the name of a fine should from thenceforth pay his Tythe to the Incumbent of the Parish in which he dwelt after the rate of fourteen pound yearly This and the like Arbitrements about that time
gave them some hope of finding more relief from the Court of Exchequer than they could expect from the Lord Mayor who being at the first made Judge in the business for the ease of the Clergy carried himself rather like a party concerned in it than an equal Umpire But there was no contending with the Purse of the City For though the proceedings of the City Landlords were declared to be unjust and Sacrilegious under the hands of many Bishops and most of the Heads of Houses in both Universities Anno 1620. yet the business going on from bad to worse they were necessitated to cast themselves at the feet of King Charles and to petition for a remedy of these growing mischiefs which otherwise in some tract of time might become insupportable Which Petition being taken into consideration by his Sacred Majesty he was graciously pleased to refer the same to the Lord Archbishop of Canterbury the Lord Keeper Coventry the Earl Marshal the Lord Bishop of London the Lord Cottington Mr. Secretary Windebank and Chief Justice Richardson or any five or three of them of which the Lord Archbishop to be alwaies one requiring and thereby authorizing to call before them all parties concerned in the business and after a full hearing and examination thereof to end if they could or otherwise to report to his Majesty where the Impediment lay that so his Majesty might take such further order therein as in his Princely wisdom he should think most meet Which reference being made the fifteenth of May of this present year was carried on with such equality and moderation that the rich Landlords had no reason to complain of any obliquity or partiality in the conduct of it But having been accustomed to ●eed on the Churches Bread and to have the poor Clergie obnoxious them they could with no patience entertain the thoughts of relinquishing their former dyet or suffer a deserving Clergy to enjoy their own Nothing more feared than that the Clergy by this means would grow too rich They who conceived two thousand pound of yearly Rent not enough for an Alderman think one hundred pound per annum as was affirmed by one of that number to be too much for a Minister And should the Clergy once grow rich they would become more absolute and independent not so obsequious to them as they had been formerly and consequently more apt to cross them in their opposition or neglect of establisht Orders And in this state the business stood when Iuxon the Bishop of London was advanced to the Treasurers Staff in the end of March 1635. which much encreast the hopes of the one and the fears the other Some of the Clergie had the hap to better their condition and improve their Benefices by the appearing of so many powerful persons in their behalf and possible enough it is that some expedient would have been resolved on by the Refer●ees to the general content of both parties his Grace of Canterbury being very sollicitous in behalf of the Clergy if the troubles which brake out soon after in Sc●tland and the preparations for the War which ensued upon it had not put the business to a stand and perswaded both the King and Council to an improfitable compliance with that stubborn City from which he reapt nothing in conclusion but neglect and scorn So frequently have the best designs been overthrown not so much by the puissance and might of the adverse party as through defect of Constancy and Resolution to go through with them Mention was made in the Narrative of our Archbishops late proceeding against the Congregations of the French and Dutch of somewhat which was done in order to it in the Metropolitical Visitation of the Province of Canterbury Concerning which we are to know that in the beginning of the year 1634. he resolved upon that Visitation And having some distrust of Brent his Vicar General he pr●pared one of his Confidents to be a joynt Commissioner with him that he might do no hurt if he did no good But afterwards being more assured of Brent than before he was he resolved to trust him with himself and not to fetter him with any such constant Overseer to attend his actings The Articles for his Visitation Printed for the use of Churchwardens and Sides-men in their several Parishes had little in them more than ordinary But he had given directions to his Vicar General to enquire into the observation of his Majesties Instructions of the year 1629. to command the said Churchwardens to place the Communion Table under the Eastern Wall of the Chancel where formerly the Altar stood to set a decent Raile before it to avoid profaneness and at the Raile the Communicants to receive the blessed Sacrament It had been signified to the Archbishop that a Dog in one place or other but I remember not the name had run away with the Bread appointed for the holy Communion and that the Communion Wine had been brought unto the Table in many places in Pint-pots and Bottles and so distributed to the people The placing of a Raile before the Table would prevent all infamies of the first sort and he hoped the Ministers would take order to reform abuses of the last Williams at that time Bishop of Lincoln had placed the Table of his own Chappel in the state of an Altar and ●urnis●ed it with Plate and other costly Utensils beyond most others in the Kingdom The Table stood in the same posture in the Cathedral Church of Lincoln of which he was both Bishop and Residentiary and in the Collegiate Church of Westminster whereof he was Dean The Chancel of St. Martins C●urch in the Town of Leicester had been made a Library which he when he was in his good humours perswaded the people to remove to trim and prepare the said Choire with Railes and such other Ornaments as were fitting for it and then to place therein their Communion Table all whicn they accordingly performed But understanding of the Order of the third of November made by his Majesty and the Lords of his Council in the Case of St. Gregories he untwisteth all this Line again For a Certificate being presented to him by the Vicar Church-wardens and some others of the Parish That the place where the Table stood before was far more fit by reason of the more capacity to receive the Communicants and the more audibleness of the Ministers voice and the Proximity of it to the place where Morning and Evening Prayer had been appointed to be read than the Chancel was he gave them leave to remove the Communion Table to the place where it formerly stood especially at such times as they received the Communion All which by his Letters of the nineteenth of December 1633. he signifies to Burden one of Lambs Surrogates in the Archdeaconry of Leicester requiring him not to be troublesome or molestfull to the said parties in any thing concerning the Premises Which Letter Burden sends to Lamb and Lamb
a base and Libellous Answer without the name of any Author Place or Printer or any Bookseller according to the unusual Custom where and of whom it might be bought I shall not trouble my self any more about it than by a Transcript of the Title which was this that followeth viz. DIVINE and POLITICK OBSERVATIONS newly translated out of the Dutch Language wherein they were lately divulged upon some lines in the Speech of the Archbishop of Canterbury pronounced in the STAR-CHAMBER the fourteenth of June 1637. VERY expedient for preventing all prejudice which as well through ignorance as through malice and flattery may be incident to the judgment which men make thereby either of his Graces power over the Church and with the King or of the Equity Iustice and Wisdom of his ENDS in his said Speech and of the reasons used by him for attaining to his said ENDS And though he took great care and pains concerning that supposed additional clause to the 20th Article so much as might satisfie any man not extremely partial yet find I a late Writer so unsatisfied in it that he leaves it to the State-Arithmeticians to decide the Controversie whether the Bishops were more faulty in the addition than the opposites in their substraction of it One other Charge there was and a great one too which I find not touched at in this Speech and that is that the Prelates neither had nor sought to have the Kings Letters Patents under the Great Seal of England for their keeping Courts and Visitations c. but did all in their own Names and under their own Seals contrary to the Law in that behalf Concerning which we are to know that by a Statute made in the first year of King Edward the Sixth it was Enacted That all Summons Citations and other Process Ecclesiastical in all Suites and causes of Instance and all causes of Correction and all causes of Bastardy or Bigamy or De jure Patronatus Probates of Testaments and Commissions of Administrations of persons deceased be made in the name and with the Style of the King as it is in Writs Original or Iudicial at the Common Law c. As also that no matter of person or persons who hath the Exercise of Ecclesiastical Jurisdiction use any other Seal of Jurisdiction but wherein his Majesties Arms be engraven c. on pain of incurring his Majesties indignation and suffering imprisonment at his will and pleasure Which Statute and every branch thereof being repealed by Queen Mary and not revived by Queen Elizabeth in all her Reign the Bishops of her time were safe enough from any danger on that side But in the first Parliament of King Iames there passed an Act for continuing and reviving of divers Statutes and for repealing of some others 1 Iac. c. 25. Into the Body whereof a Clause was cunningly conveyed his Majesties Council learned not considering or fraudulently conniving at it for the repealing of that Statute of the Reign of Queen Mary by which King Edwards stood repealed of which no notice being taken for some while by those whom it chiefly did concern it was now discovered and made use of as a Rod to affright the Prelates from exercising their Jurisdiction over obstinate and incorrigible Non-conformists as formerly they had been accustomed For remedy whereof and for encouraging the Bishops to perform their duties i● was declared by the Judges with an unanimous consent and so delivered by the Lords Chief Justices in the Star-Chamber the fourteenth of May in this present year That the said Act of Repeal 1 of Queen Mary did still stand in force as unto that particular Statute by them so much pressed This was sufficient for the present but the Archbishop would not trust to it for the time to come and thereupon in in his Epistle to the King before remembred He humbly desired his Majesty in the Churches name That it might be resolved by all the Reverend Judges of England and then published by his Majesty that the Bishops keeping of their Courts and issuing Processes in their own names and the like exceptions formerly taken and now renued were not against the Laws of this Realm that so the Church Governours might go on chearfully in their duty and the peoples minds be quieted by this assurance that neither their Law nor their Liberty as Subjects was thereby infringed A motion favourably heard and graciously granted his Majesty issuing out his Royal Proclamation on the eighteenth day o● August then next following For declaring that the proceedings of his Ecclesiastical C●urts and Ministers were according to Law The Tenour of which Proclamation or Declaration was as followeth By the King WHereas in some of the Libellous Books and Pamphlets lately published the most Reverend Fathers in God the Lord Archbishops and Bishops of the Realm are said to have usurped upon his Majesties Prerogative Royal and to have proceeded in the High Commission and other Ecclesiastical Courts contrary to the Laws and Statutes of the Realm It was Ordered by his Majesties High Court of Star-Chamber the twelfth of June last that the Opinion of the two Lords Chief Justices the Lord Chief Baron and the rest of the Judges and Barons should be had and certified in these particulars viz. whether Processes may not issue out of the Ecclesiastical Courts in the names of the Bishops Whether a Patent under the Great Seal be necessary for the keeping of the Ecclesiastical Courts and enabling Citations Suspensions Excommunications and other Censures of the Church And whether the Citations ought to be in the Kings Name and under his Seal of Arms and the like for Institutions and Inductions to Benefices and correction of Ecclesiastical offences And whether Bishops Archdeacons and other Ecclesiastical persons may or ought to keep any Visitation at any time unless they have express Commission or Patent under the great Seal of England to do it and that as his Majesty Visitors only and in his name and right alone Whereupon his Majesties said Judges having taken the same into their s●rious consideration did unanimously agree and concur in opinion and the first day of Iuly last certified under their hands as followeth That Processes may issue out of Ecclesiastical Courts in the name of the Bihops and that a Patent under the Great Seal is not necessary for the keeping of the said Ecclesiastical Courts or for the enabling of Citations Suspensions Excommunications and other Censures of the Church And that it is not necessary that Summons Citations or other Processes Ecclesiastical in the said Courts or Institutions and Inductions to benefices or correction of Ecclesiastical offences by Censure in those Courts be in the Kings name or with the Style of the King or with the Kings Seal or the Seals of the Office have in them the Kings Arms And that the Statute 1 Edw. 6. c. 2. which enacted the contrary is not now in force And that the Archbishops Bishops Archdeacons and other Ecclesiastical
do for Kilvert against their Master The Story whereof desireth the Readers further patience though it come somewhat out of time and is briefly this Osbaldston the late Schoolmaster and then Prebend of Westminster a profess'd Creature of the Bishops and much imployed by him in his greatest businesses had written a Letter to him about Christmas in the year 1635. touching some Heats which hapned in that cold Season betwixt the Archbishop of Canterbury and the Lord Treasurer Weston Osbaldston conceiving this to be a fit opportunity for the Bishop to close in with Weston and by his means to extricate himself out of those Perplexities in which this Star-Chamber Suit had so long intangled him This Intelligence he disguised in these expressions viz. The little Vermin the Vrchin and Hocus Pocus is this stormy Christmas at true and real variance with the great Leviathan And this conceit the Bishop out of too much jollity makes known to others by whom at last it came to Kilvert who laying hold on the Advantage exhibits a new Bill against him for divulging Scandalous Libels against Privy Counsellors there being good proof to be produced That by the names of Little Vermin Vrchin and Hocus Pocus the writer of that Letter designed no other than the Archbishop and the Lord Treasurer Weston by the Great Leviathan Both being made Parties to the Bill Osbaldston answers for himself That by Leviathan he intended Chief Justice Richardson and Spicer a Doctor of Laws by the other Character The differing statures of the men seeming to make good this Construction which the Grammar of the Text might bear as well as the other The Bishop pleaded for his part That he remembred not the receiving of any such Letter and that if any such Letter had come unto him it could not be brought within the compass of a Libel because not written in such plain and significant terms as might apparently decypher and set forth the Person intended in it But all this proved to be but shifts on either side for Kilvert had a Letter ready which Walker was supposed to have put into his hands to make sure work of it a Letter which the Bishop had writ to the said Walker being then his Secretary at the time of that falling out betwixt Laud and Weston Here is a strange thing saith that Letter Mr. Osbaldston importunes me to contribute to my Lord Treasurers use some Charges upon the Little Great Man and assures me they are mortally out I have utterly refused to meddle in this business and I pray you learn from Mr. S. and Mr. H. if any such falling out be or whether somebody hath not gulled the Schoolmaster in these three last Letters and keep it unto your self what I write unto you If my Lord Treasurer would be served by me he must use a more neer solid and trusty Messenger and free me from the Bonds of the Star-Chamber else let them fight it out for me This Secret thus discovered and the Mystery opened it was not long before the Cause was brought to Censure For the two Letters being compared with the Time and Circumstances it was no hard matter to the Lords who had their own Concerment in it to conclude both of them to be guilty of the Crime called Scandalum Magnatum a Libelling and defaming the Great Men of the Realm pro●ibited and punishable by the Laws of the Land So that no Buckler being ●ound to bear off the Blow a Fine of another 8000 l. was imposed on the Bishop Osbaldston fined 5000 l. to be deprived of all his Ecclesiastical Preferments his Ears to be tack'd to the Pillory in the Palace-yard and Dammages or Costs of Suit to be paid by both to the Archbishop of Canterbury A Censure greater than the Crime as most men conceived in respect of Osbaldston whose Indiscretion might have been corrected with far less severity and less severity was intended then the Sentence intimated For though Osbaldston at that time conceived the Archbishop to be his greatest Enemy yet the Archbishop was resolved to shew himself his greatest Friend assuring the Author of this History before any thing was known of his supposed flight that he would cast himself at the Kings feet for obtaining a discharge of that corporal punishment unto which he was Sentenced Which may obtain the greater credit first in regard that no course was taken to stop his flight no search made after him nor any thing done in order to his Apprehension And secondly By Osbaldstons readiness to do the Archbishop all good Offices in the time of his Troubles upon the knowledge which was given him at his coming back of such good intentions For Osbaldston not hoping for so much favour and fearing more the shame of the Punishment than the loss of Preferment had seasonably withdrawn himself to a Friend● House in London where he lay concealed causing a noise to be spread abroad of his going beyond Sea and signifying by a Paper which he left in his Study That he was gone beyond Canterbury But this hapned not till the latter end of the year next following though I have laid it here together because of the coherence which it hath with the former Story To look back therefore where we left The Bishop of Lincoln was no sooner Suspended by the High-Commission that part of the Sentence being executed Iuly 24. but all the Profits of his Preferments in the Church were Sequestred to the Use of the King A Privy Seal is sent to the Sub-Dean and Prebends of the Church of Westminster requiring them to set apart all the Profits certain and uncertain which of right accrued unto that Dean and to pay the same from time to time into the Receipt of the Exchequer And that his Majesties Profits might not suffer any diminution nor the Prebends of that Church be punished for the fault of their Dean a Commission was issued under the Great Seal of England inabling them to Let and Set to Renew Leases keep Courts and make Grants of Offices and finally to act and do all manner of things which concerned the Government of that Church in as ample manner as if the Dean himself had been present at the doing of them The like course also taken in gathering in the Profits of his other Promotions those of the Bishoprick of Lincoln naturally flowing into the Exchequer as in times of Vacancy And as for his Episcopal Iurisdiction that fell as naturally to the Archbishop of the Province as the Temporal Revenue to the King the Archbishop of Canterbury exercising all kind of Ecclesiastical Iurisdiction throughout the Diocess of Lincoln not only as Ordinary of that Diocess but as Visitor of all those Colledges which had any dependence on that See Amongst which Colledges as that of Eaton was the chief so there was somewhat in it which was thought to want a present Remedy some Information being given That they had diminished the number of their Fellows from Ten to Seven
alledged yet it was generally conceived that as the Book fared the worse for the Authors sake so the Author did not speed the better for his Patron the Archbishops sake betwixt whom and Doctor Iames Montague then Bishop of Winchester there had been some differences which the rest of the Court Bishops were apt enough to make some use of to his disadvantage But having thus fallen upon the burning of this Book I shall speak something of it here because of some particulars in it which may conduce unto our Story in the times succeeding This Doctor Mocket being Chaplain to Archbishop Abbot and Warden of All Souls Colledged in Oxon. had publish'd in the Latin tongue the Liturgie of the Church of England the Publick Catechisms the 39. Articles the Book of Ordination of Bishops Priests and Deacons and many Doctrinal Points extracted out of the Book of Homilies together with Bishop Iewel 's Apology Mr. Noel's Chatechism and his own Book De Politia c. A Collection which the good man published in a pious zeal for gaining Honour to this Church amongst Forrein Nations But then this Zeal of his was accompanied with so little Knowledge in the Constitution of this Church or so much biassed toward those of Calvin's Plat-form that it was thought fit not only to call it in but to expiate the Errors of it in a publick Flame For first his Extracts out of the Book of Homilies were conceived to be rather framed according to his own Judgment which enclin'd him toward the Calvinian Doctrines as his Patron did than squared according to the Rules and Dictates of the Church of England And possible enough it is that some just offence might be taken at him for making the Fasting-days appointed in the Liturgie of the Church of England to be commanded and observed ob Politicas solum Rationes for politick Considerations only as insinuated p. 308. whereas those Fasting-days were appointed in the first Liturgy of King Edward vj. Anno 1549. with reference only to the Primitive Institution of those several Fasts when no such Politick Considerations were so much as thought on But that which I conceive to have been the true cause why the Book was burned was that in publishing the 20th Article concerning the Authority of the Church he totally left out the first Clause of it viz. Habet Ecclesia Ritus sive Ceremonias statuendi jus in Controverfiis Fidei Authoritatem By means whereof the Article was apparently falsified the Churches Authority disavowed and consequently a wide gap opened to dispute her Power in all her Canons and Determinations of what sort soever I note this here because of the Relation which it hath to some following passages in the year 1637. when we shall finde Laud charged by those of the Puritan Faction for adding this omitted Clause to the rest of that Article In the next year 1618. we finde not a little done at home but much more abroad the Puritan Faction being discountenanced here and the Calvinists encouraged there The Sabbatarian Doctrines by the diligence of Archbishop Whitgift and the severity of Justice Popham had been crush'd at their first starting out and afterwards not daring to implore the Countenance of Authority they got footing again in divers places by the cunning of the Puritan Faction the ignorant confidence of some of their Lecturers and the misguided zeal of some publick Ministers of Justice And they prevailed so far at last that the Annual Festivals being turned into days of Labour and the Lords day wholly taken up in Religious Duties there was no time left for lawful Recreations amongst the People Which being made known unto King Iames as he passed thorow Lancashire the last Summer he gave some present Order in it for the ease and comfort of his good Subjects in that County and that it might not serve only for the present but the times to come he published his Royal Declaration to the same effect bearing date at Greenwich May 24. of this present year In which Declaration there are three things to be observed viz. the Motives the Liberties and the Restrictions First for the Motives which induced that King to this Declaration they were chiefly four 1. The general Complaints of all sorts of People as he passed thorow Lancashire of the Restraint of those innocent and lawful Pastimes on that day which by the Rigors of some Preachers and Ministers of Justice had been laid upon them 2. The hindrance of the Conversion of many Papists who by this means were made to think that the Protestant Religion was inconsistent with all harmless and modest Recreations 3. That by debarring them from all man-like Exercises on those days on which only they were freed from their daily Labours they were made unactive unable and unfit for Warriors if either himself or any of his Successors should have such occasion to employ them 4. That men being hindred from these open Pastimes betook themselves to Tipling-houses and there abused themselves with Drunkenness and censured in their Cups his Majesties Proceedings both in Church and State Next for the Liberties which were indulged upon that day his Majesty declares his Pleasure That after Divine Service being ended his good People should not be discouraged or letted from any lawful Recreations such as Dancing either Men or Women Archery for Men Leaping Vaulting or any other such harmless Recreations not from having of May-games Whitsun-Ales and Morris-dances and the setting up of May-poles and other sports therewith used and that Women shall have leave to carry Rushes to the Church for the decoring of it according to their old Custom with this Proviso notwithstanding That under the general term of Lawful Recreations he intended neither Bear-baiting nor Bull-baiting Interludes nor at all times in the meaner sort of People prohibited Bowling And last of all for the Restrictions they were these that follow 1. That these Pastimes should be no impediment or let to the publick Duties of that day 2. That no Recusant should be capable of the benefit of them 3. Not such as were not diligently present at the time of all Divine Offices which the day required And 4. That the benefit thereof should redound to none but such as kept themselves in their own Parishes Such was the substance of his Majesties Declaration about Lawful Sports which raised great clamour at the present but greater when revived in the Reign of King Charles at what time we shall finde Laud charged for the Re-publishing of it so much the greater by how much the more the Sabbatarian Doctrines had prevailed amongst us This being done for the discountenancing of the Calvinian Faction here at home we must next see what was done abroad on the same account that which was done abroad in relation to it being of great concernment to this Church and therefore necessary to be known in reference to the person of whom I write The Bishops and conformable Clergy of Scotland had
supposed it makes exceedingly to the honour and commendation of this our Bishop as well in point of Secrecy as unfeigned Fidelity that his Majesty should pick out him from all other men to be his Pen-man or Chief Secretary in such weighty businesses Then again it is affirmed That he not only corrected and amended the Dukes Answer to the Impeachment which was made against him by the Commons but that he also penned that Speech which the Duke subjoined unto his Answer A Crime of the same nature and proved by the same Mediums as the others was and such as rather might have served for a strong assurance both of his honest Fidelity to his Friend and Patron and the even temper of his own mind in the managing of it For if we may believe the Author of the first History of the Life and Reign of King Charles as I think we may this Answer of the Duke was so in-laid with Modesty and Humility that it became a new Grievance to his Adversaries and was like to have a powerful influence toward the conversion of many who expected a Defence of another and more disdainful Spirit Thus have we brought two Parliaments unto an end but we hear nothing of the Convocations which were summoned with them Nothing indeed of the first Convocation but the passing of a Grant for three Subsidies toward the Advancement of his Majesties Service In the second we find something more though no Subsidies are granted in it On the fifth Sunday in Lent Goodman then Bishop of Glocester preach'd before his Majesty and press'd so hard upon the Point of the Real Presence that he was supposed to trench too neer the borders of Popery which raised a great clamour both in Court and Country The matter of which Sermon was agitated pro and con in the Convocation March 29. without determining any thing on either side But his Majestie out of a desire to satisfie both himself and his Houses of Parliament touching that particular referred the consideration of it to Abbot Archbishop of Canterbury Andrews Bishop of Winchester and Laud Bishop of St. Davids who meeting and considering of it on the twelfth of April returned this Answer to the King That some things in that Sermon had been spoke less warily but nothing falsly That nothing had been innovated by him in the Doctrine of the Church of England But howsoever That they thought very fit that Goodman should be appointed to Preach again before his Majesty for the better explaining of his meaning and shewing how and in what Particulars he had been mistaken by his Auditors Which he accordingly performed But nothing was of such concernment to a Convocation as the cause of Mountague vexed and molested by the Commons in both the Parliaments for supposed Popery and Arminianism matters meerly Doctrinal And possibly it may be admired that they should do nothing in a matter of their own peculiar having his Majesty to Friend for it appears in the Letter of the three Bishops before-mentioned to the Duke of Buckingham That his Majesty had taken that business into his own care and had most worthily referred it in a right course to Church-consideration And it appears also by the Breviate pag. 8. That on Sunday April 22. of this present year his Majesty had commanded all the Bishops to come before him and reprehended such as came being fourteen in number for being silent in Causes which concerned the Church and had not made known unto him what might be profitable or unprofitable for it the Cause whereof he was so ready to promote But then we are to call to mind that Laud not long since had been sent by the Duke of Buckingham to consult with Andrews and learn of him what he thought fitting to be done in the Cause of the Church and more especially in the Five Articles so hotly agitated between the Remonstrants and Contra-Remonstrants in the Belgick Provinces And it appears by the event That Andrews did not hold it fit for any thing to be done in that particular as the case then stood the truth in those Opinions not being so generally entertained amongst the Clergy nor the Archbishop and the greater part of the Prelates so inclinable to them as to venture the determining of those Points to a Convocation But that which was not thought fit in that present Conjuncture for a Convocation his Majesty was pleased to take order in by his Royal Edict Many Books had been written against Mountague by Carleton Bishop of Chichester Sutcliffe Dean of Exeter Yates and Rouse by which the differences were rather increased than diminished Which coming to his Majesties notice it pleased him by the Advice of his Bishops to signifie by his Proclamation of Iune 14. Not only to his own People but to all the World his utter dislike of all those who to shew the subtilty of their Wits or to please their own Humours or vent their own Passions do or shall adventure to stir or move any new Opinions not only contrary but differing from the sound and Orthodoxal Grounds of the true Religion sincerely Professed and happily Established in the Church of England and also to declare his full and constant Resolution That neither in matter of Doctrine nor Discipline of the Church nor in the Government of the State he will admit of the least Innovation but by Gods assistance will so guide the Scepter of these his Kingdoms and Dominions by the Divine Providence put into his hand as shall be for the comfort and assurance of his sober Religious and well-affected Subjects and for the repressing and severe punishing of such as out of any sinister respects or disaffection to his Person or Government shall dare either in Church or State to distract or disquiet the Peace thereof His Majesty thereupon commands all his Subjects the Clergy most especially both in England and Ireland That from thenceforth they should carry themselves so wisely warily and conscionably that neither by Writing Preaching Printing Conferences or otherwise they raise any doubts or publish or maintain any new Inventions or Opinions concerning Religion than such as are clearly grounded and warranted by the Doctrine and Discipline of the Church of England heretofore published and happily established by Authority Straightly charging all Archbishops and Bishops in their several Diocesses as also all Counsellors of State Judges and Ministers of Justice speedily to reclaim and repress all such Spirits as shall adventure hereafter to break this Rule of Sobriety and due Obedience to his Majesty his Laws and this Religious Duty to the Church of God or in the least degree attempt to violate this bond of Peace adding withal this intimation of his Royal Pleasure That whosoever from thenceforth should take the boldness wilfully to neglect this his Majesties gracious Admonition and either for the satisfying of their unquiet and restless Spirits or for expressing of their rash and undutiful Insolencies should wilfully break that
to whom they had written in like manner his Majesty might be pleased to hear them at large and grant such things as they had desired which they conceived to tend to his Majesties great Glory to put an end to all the present Questions to their mutual rejoycing and to make the blessed Instruments of so good a work to be thankfully remembred to Posterity In their letter to the Earl of Holland of the seventh of Iune they express more confidence as being more assured of him then of any other not only justifying themselves in their former proceedings but requesting his assistance to promote their desires in a petition tendred to his Majesty hands descending by degrees to this particular That by a meeting in some convenient place and of some prime and well affected men to the Reformed Religion and the Common Peace all matters might be so well amended and with such expedition that their evils through further delays might not prove incurable These preparations being made they found an easier business of it then they had any reason to expect or hope to bring his Majesty to meet them in the middle way who was so tender of their case that he was more ready to accept their supplication then they were to offer it It was not his intent to fight them as I have heard from a person of great trust and honour but only by the terrour of so great an Army to draw the Scots to do him reason And this I am the more apt to credit because when a Noble and well experienced Commander offered him then being in Camp near Berwick that with two thousand horse which the King might very well have spared he would so waste and spoil their Countrey that the Scots should creep upon their bellies to implore his mercy he would by no means hearken to the proposition And having no purpose of out-going Muster and Ostentation it is no wonder if he did not only willingly give way to the presenting of their Petition and cheerfully embraced all Overtures tending to a Pacification but make choice also of such persons to Negotiate in it who were more like to take such terms as they could get then to fight it out Commissioners being on both sides appointed they came at last to this conclusion on the seventeenth of Iune viz. First That his Majesty should confirm whatsoever his Commissioner have already granted in his Majesties name and that from thenceforth all matters Ecclesiastical should be determined by the Assemblies of the Kirk and all matters Civil by the Parliament and to that end a General Assembly to be Indicted on the sixth of August and a Parliament on the twentieth of the same Moneth in which Parliament an Act of Oblivion was to pass for the common peace and satisfaction of all parties that the Scots upon the publication of the accord should within fourty eight hours disband all their Forces discharge all pretended Tables and Conventicles restore unto the King all his Castles Forts and Ammunition of all sorts the like Restitution to be made to all his good Subjects of their Liberties Lands Houses Goods and Means whatsoever taken and detained from them since the late pretended General Assembly held at Glasco that thereupon his Majesty should presently recal his Fleet and retire his Land Forces and cause Restitution to be made of all persons of their Ships and Goods Detained and Arrested since the first of February But as for the proceedings of the Assembly of Glasco as his Majesty could not allow them with Honour on the one side so neither do I find that they were condemned or that the Scots were bound to abandon the conclusions of it so that it seems to have been left in the same condition as to all the Acts Determinations and Results there in which it stood before his Majesties taking Arms Which as it was the chief ground of the Quarrel so the King doing nothing in Order to the Abrogating of it and the conclusions therein made when he was in the head of a powerful Army he could not give himself much hopes that the Scots could yield to any such Abrogation when he had no such Army to compel obedience And this appeared immediately on his Majesties signing the Agreement and the discharging of his Forces upon the same For the Declaration of this accord was no sooner published but the Covenanters produced a Protestation First of adhering to their late General Assembly at Glasco as a full and free Assembly of their Kirk and to all the proceedings there especially the sentences of Deprivation and Excommunication of the sometimes pretended Bishops of that Kingdom And secondly of adhering to their Solemn Covenant and Declaration of the Assembly whereby the office of Bishop is abjured Thirdly that the pretended Archbishops and Bishops that usurp the title and office abjured by the Kirk and be contemners of the sentences of Kirk have been malicious Incendiaries of his Majesty against this Kingdom by their wicked calamnies and that if they return to this Kingdom they be esteemed and used as accursed and they delivered up to the Devil and cast off from Christ his body as Ethnicks and Publicans And fourthly that all the entertainers of the Excommucated Bishops should be orderly proceeded against with Excommunication conform to the Acts and Constitutions of this Kirk And this they did as well to justifie their proceeding in the said Assembly as to terrifie and affright the Bishops from presenting themselves as members of Assembly and Parliament at the next Conventions Which done they dispersed abroad a scandalous Paper pretending to contain the heads of the late Agreement but drawn so advantageously for themselves so disagreeably to the true intention of his Majesty that he could do no less in honour then call it in and cause it to be publickly burnt by the hand of the Hangman And being conscious to themselves how much his Majesty must be incensed with these Indignities they continued their meetings and Consultations as before they did maintained their Fortifications at Leith the Port Town to Edenborough disquieted molested and frighted all of different inclinations and kept their Officers and Commanders in continual pay to have them in a Readiness on the next occasion With which disorders his Majesty being made acquainted he sent for some of the Chiefs of them to come to him to Berwick but was refused in his Commands under pretence that there was some intention to entrap them at their coming thither and that his Majesty might be staved off from being present at the next Assembly in Edenborough as he had both promised and resolved they commit a riotous assault on the Earls of Kinnoul and Traquaire Chief Justice Elphinsten and Sir Iames Hamilton all Privy Counsellors of that Kingdom These they pulled violently out of their Coach on a suspicion that some Bishops were disguised amongst them but really that the King might have some cause to suspect that there could be no safety