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A67877 The history of the troubles and tryal of the Most Reverend Father in God and blessed martyr, William Laud, Lord Arch-Bishop of Canterbury. [vol. 2 of the Remains.] wrote by himself during his imprisonment in the Tower ; to which is prefixed the diary of his own life, faithfully and entirely published from the original copy ; and subjoined, a supplement to the preceding history, the Arch-Bishop's last will, his large answer to the Lord Say's speech concerning liturgies, his annual accounts of his province delivered to the king, and some other things relating to the history. Laud, William, 1573-1645.; Wharton, Henry, 1664-1695.; Prynne, William, 1600-1669. Rome's masterpiece. 1700 (1700) Wing L596; ESTC R354 287,973 291

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me for Assistance according to the Proclamation and are now busie in calling their scatter'd Forces together again Oxford Wednesday the 15th of July 1640. A. Frewen At Whitehall the 22th of July 1640. PRESENT The KING's MAJESTY Lord Arch-Bishop of Cant. Lord Keeper Lord Treasurer Lord Privy Seal Lord Duke of Lenox Lord Marquis Hamilton Lord Admiral Earl of Berks Earl of Holland Earl of Traquare Lord Goring Lord Cottington Mr. Treasurer Mr. Secretary Windebanke Sir Tho. Rowe WHereas His Majesty being present at the Board did this day hear the Complaints of the Mayor Recorder and others of the City of Oxford expressed in two Letters the one of the 15th of June to the Board the other of the 4th of June to the Earl of Berks a Member of the Board concerning their Liberties in the Presence of the Vice-Chancellor and other Doctors of the University and Mr. Allibond one of the Proctors whom the said Complaint did concern After mature Debate it was ordered That the University of Oxford according to his Majesty's Gracious Letter shall have the sole Licensing of Victualling-Houses in that City and Suburbs in like manner as the University of Cambridge hath in the Town of Cambridge And for that purpose it is ordered by His Majesty with advice of the Board That the Commission for the Peace in Oxford shall be renewed and the Vice-Chancellor only made of the Quorum Secondly for the Complaint of the Building of Cottages it is ordered That the Vice-Chancellor and the Mayor shall make several Certificates of all the new Cottages built within Twenty Years and shall distinguish which of them have been built by Privileged Persons upon College Lands and which by Townsmen and which by Privileged Persons upon the Town Wast by their leave Upon return of which Cerficates their Lordships will give such farther Order therein as shall be fit Thirdly it was order'd That his Majesty's Attorney and Sollicitor-General shall examine how the Orders set down by Mr. Justice Jones for preventing of Disputes and Controversies between the University and City of Oxford have been observed and by whom there hath been any defailer therein admitted Upon Certificate whereof their Lordships will take such Order as shall be fit for the due Observance of the same Fourthly it was ordered That according to the Statute of Winchester those to whom it belongeth ought to set Watches at the Gates of the City according to the said Statute and that the said Watch continue there without walking of the Streets or moving from their Station except it be for the suppressing of any sudden Tumult or other Malefactors whereof there is not time to give notice to the Vice-Chancellor and the Proctors of the said University Lastly it is ordered That the Constable committed to Prison shall be delivered but not without paying of Fees After my hearty Commendations DR Frewen hath now born the troublesom Office of the Vice-Chancellorship of that University for the space of two whole Years which is the time now usually given to execute that Office And is certainly weight enough for any Man to bear so long In the discharge of this Office he hath through the whole course of his time carried himself with great Care Moderation and Prudence and that as well in all Businesses which relate to the Town as in those which look more immediately upon the University And among other great Services perform'd by him I cannot forbear to single out one and here publickly to give him Thanks for it even above the rest And that is the great Pains he hath taken and the singular Dexterity which he hath used in bringing the Statutes concerning the Examinations into Use and Settlement Which Statute I dare be bold to say being continued and kept up in the same Vigour to which it is now raised by his Care and Providence will be of such singular use as that for my part I cannot easily tell whether it will be greater Honour or Benefit to that University but sure I am it will be the one by the other if it be kept up to the Life as I hope it shall be Dr. Frewen's time being thus happily spent both for his own Honour and the University's Good the Care now lies upon me to name another to take up that Burthen which he lays down and to go in those steps which he hath trod out before him And I thank God for it there is such Choice of able Men in that Place for this Service that I cannot be to seek whom to name unto it But I have for the present thought upon Dr. Potter Dean of Worcester and Provost of Queen's-College as a Man whom I know to be of great Integrity and Sufficiency for that Place and of whose Care and Industry therein I am very confident To him together with the Office I do more especially recommend the Care of the Examinations in point of Learning and a most strict Watchfulness and Observance against all haunting of Taverns or any other Meetings private or publick which may any way help to suppress the base Sin of Drunkenness the Mother or the Nurse of almost all other Distempers which may bring Obloquy upon that Place These are therefore to let you know that I do hereby nominate and chuse Dr. Potter to be my Vice-Chancellor for this Year ensuing And do hereby pray and require you to allow of this my Choice and to give him all due Respect and Assistance in all things necessary for that Government and more especially in the two Particulars above-named that so Sobriety and good Manners as well as Learning may flourish in that Place And thus not doubting of your readiness and willing Obedience herein I leave both him and you to the Grace of God and rest Lambeth July 24. 1640. Your Loving Friend and Chancellor W. Cant. AND for the future I pray let not the Town so much as begin to lay the Foundation of any Cottage or any other House whatsoever in any Place but send me word of it presently that I may acquaint the Lords with it and command a stay August 3. 1640. W. Cant. UPON a late Warrant from the Deputy-Lieutenants the Mayor hath freshly pressed and set out ten new Soldiers Coat and Conduct-Money for these in their several Parishes was taxed upon all Privileged Persons not only Stationers Apothecaries that trade and use Merchandize who are more liable but upon Doctors Clayton Sanders Bambridge and all Physicians upon Mr. Crosse our Beadle on our Butlers Manciples Cooks who are our immediate Servants and deal not with any Trade All profess themselves very willing to advance His Majesty's Service especially in these base and broken Times Yet they hope by your Grace's Favour to enjoy the benefit of that Privilege which being anciently granted to our University was of late confirmed by His Majesty's Charter and is enjoy'd by the other University At my intreaty all of them in a manner have paid but their
therefore to let You know that I do hereby nominate and choose Dr. Frewen to be my Vice-chancellor for the Year ensueing and to pray and require You to allow of this my Choice and to give him all the Respects due to his Place and all other Aid and Assistance by your Counsel or otherwise which shall be requisite the better to inable him in the discharge of the Office which he now undertakes Thus not doubting of your readiness and willing obedience herein I leave both him and you all to the Blessing of God and rest July 11. 1638. Your loving Friend and Chancellor W. Cant. To my very loving Friends the Vice-chancellor the Doctors the Proctors and the rest of the Convocation of the Vniversity of Oxford I Have now no Business to you but only to pray you that in this Dead time of Vacation You will be watchful that the Scholars spend not their time in Taverns and Ale-houses and so help themselves to put on a Habit which will not be fit to be worn in Term nor at any other time And you cannot do a greater Office in all the time of your Vice-chancellorship than to hinder the growth of this Spreading Evil c. Croyden August 3. 1638. W. Cant. SIR I Thank You heartily for your Care about the Taverns and the frequenting of Ale-Houses about which base places You cannot be too careful For they are certainly the Bane of a great many young Men which are sent to the Vniversity for better Purposes and if you do not now and then give them a Night walk they will easily deceive all your Care for the Day I Cannot be at Woodstock this Year when His Majesty comes by reason of Business which the King himself hath laid upon me and must be done at that time or not at all I am sorry it so falls out but I have spoken with his Majesty that my Absence may not hinder the wonted Grace which he shews to the Vniversity I have likewise spoken to the Officers of the Houshold about Your Entertainment that Day I have also sent to My Lord of Oxford to attend there in my Room It will be time for you now at your Monday Meeting to propose to the Heads the keeping of their several Companies at Home that they may not disturb the King's Game nor otherwise offend the Court by their frequent going thither of which I pray be very careful Croyden August 10. 1638. W. Cant. SIR I Thank You for your Care to make a present stop of the use of prohibited Gowns among the younger sort But if you punish only the Taylors that made them and not the Scholars that wear them I doubt You will not easily remedy the Abuse unless it appear to You That the Taylors made them without the Scholars Appointment then indeed the Scholars are Blameless otherwise not Croyden August 17. 1638. W. Cant. IN this time of my Absence from Woodstock things were carryed well at Court by the Heads and they had a very Gracious Entertainment there and gave the King good Content and were dismissed without Complaint against any Scholar for disturbing his Majesty's Game SIR FOR the Business concerning the placing of the Sons of the Lady Lewis with the young Noble-men I am sorry that they which are Suitors have so much as one Precedent for it But since 't is so I am glad that was before my time for certainly I am not like to make a Second And I pray do you consider what it may breed in the Issue If all the Children of Noble-men's Daughters that are Marryed to Knights shall challenge the same Privilege in the Vniversity that the Sons of the Noble-men do and with what Power and Discretion the University can give it considering they have not the Privileges with Noble-men's Sons in any other part of the Kingdom besides nor can you at present see what Constructions may be made of it above it being upon the matter the giving of a Precedency The Truth is I would be very glad it were in my Power to gratifie that Honourable Lady without prejudice to the University which I doubt in this Particular cannot be And besides I am perswaded this proceeds from the forwardness of Dr. Mansel and her Kinsman Dr. Glenham and not from her self tho' if it did come from her self I cannot tell what other Answer to give therefore I pray give them the fairest Denial you can Croyden Sept. 20. 1638. W. Cant. WHereas there is an Omission in the Statutes concerning the Examination of the younger sort before they take their Degrees I advised the Vice-chancellor to consult the Heads for a supply of this defect in Statute who did so and sent me word that the Heads had Ordered That all Regents should examine in their Course those only excepted who are dispensed with for their Absence by the Congregation and that every Candidate repulsed as insufficient by Examiners should not be admitted to a second Examination in six Months after To this I gave Answer That they should do well in a Business of such Difficulty and so unpleasing to the young Students and perhaps to the Regents also to have this their Order confirmed in Convocation unless they did find any thing in Statute to make such Order of their binding To the Proctor of Merton-College Mr. Corbet I delivered your Grace's Advice That he should do well to substitute some other to officiate for him at the Communion at the beginning of Terms if the tenderness of his Conscience would not give him leave to conform to such seemly Gestures as are thought fit to be used at that Service His Answer was That he did conform therein at the last Communion the which how true my Predecessor now with your Grace is best able to resolve you I found him I confess more tractable than I expected but since that time he is quite relapsed the Fruit of his Friend 's Mr. Channell 's Sermon wherein among other the like passages he told us That he that does more than Canon requires is as great a Puritan as he that does less By his last Discourse I find him resolved neither to conform nor absent himself without Command which I have assured him already is folly to expect Yet to this purpose he desired me to send you this inclosed Petition a Copy whereof here follows To the Right Reverend Father in God William by the Divine Providence Lord Arch-Bishop of Canterbury his Grace the Honourable Chancellor of the Vniversity of Oxford The Humble Petition of Edward Corbet one of the Proctors of the same Vniversity WHereas your Petitioner was wish'd by Mr. Vice-chancellor in your Grace's Name either to bow towards the Altar at the University Common Prayers or to forbear to officiate He humbly sheweth your Grace that from his Heart he Loveth and Honoureth the Church of England and doth not only rigidly and carefully observe her Doctrine and Discipline but would to the
to hear so many Soldiers take Oxford in their way but glad withal that you keep the Scholars so well from them that all Disorders may be prevented as you write they have hitherto been Lambeth June 19. 1640. W. Cant. NOtwithstanding the Accident which fell out upon Tuesday June 16th between the Commanders and the Soldiers which was a very mutinous Quarrel in their Drink and cost some Blood Oxford June 22. 1640. A. Frewen ON Friday June 19th a Batchelor of Arts of Magdalen-Hall was found drowned in the River by New-Parks His wide-sleev'd Gown Hat and Band lay on the Bank but the rest of his Cloaths were upon him which makes us much suspect that he wilfully cast away himself The Crowners Inquest hath found him not Mentis compotem And I hear from good Hands that he was much troubled in Mind for which reason at the opening of his Study I mean to observe what Books he used most Oxford June 22. 1640. A. Frewen ON June the 25th 1640. I sent by Dr. Baylie Dean of Sarum and President of St. John Baptist's-College the Conveyances for the perpetual Settling of the Arabick Lecture in Oxford and the Statutes which I made for the due reading of it and desired that those Statutes might by the Vice-Chancellor's care be transcribed into the Original Statute-Book and the Conveyances also according as he finds done with other Lectures given by other Benefactors to the University As also for the transcribing of these Statutes into all other Statute-Books of the University respectively that those which are bound to be Auditors may know both their Times and their Duties These Directions I sent by Dr. Baylie but sent no Letter at this time to the the University because of the hast which I made to have the Business done and to he out of my Hands in these broken Times which gave me no leisure at all from more Publick Affairs to write unto them As for the Evidences which belong to this Land they are all in the Custody of the Town of Redding to which Town I gave all my Land lying in Bray in Berkshire of which this to the Arabick Lecture is not a full fifth part and could not dismember the Evidences and therefore thought it fittest to leave them there where 〈◊〉 〈◊〉 part of the Land was settled to other charitable Uses 〈◊〉 I have made the Vice-Chancellor for the time being with some 〈◊〉 Heads of Colleges perpetual Visitors of that which I have done 〈◊〉 〈◊〉 A Counterpart whereof remains in the Custody of the 〈◊〉 and Fellows of St. John Baptist's College of all which I gave 〈◊〉 present Vice-Chancellor an Account June 25th 1640. W. Cant. Right Honourable YOUR Letters of the Seventh of this June with all Humility we have received And according to Your Lordships Commands therein we have diligently enquired and informed our selves and do find that some Guests being Recusants do resort to the Inn called the Miter and that Greene named in Your Lordship's Letter was presented at the last Sessions for a Popish Recusant but not many Years since he was one of our Serjeants and did then frequent the Church And we finding that he Marrying the late Inn-holder's Widow of the said Inn became Owner thereof during the Minority of his Son-in-Law and by that means it being an ancient Inn of the Inheritance of Lincoln-College he keepeth the same Inn. And touching the Authority and Licensing the said Greene so to do His Majesty's Letters were lately procured and sent to us that we should not meddle in the Licensing of any Person to keep Ale-Houses or Victualling-Houses but that we should leave the same to the Vice-Chancellor and the Justices that were Members of the University And under pretence of that Letter when we in Obedience to His Majesty's Proclamation and his Highness's Writ directed to us for the observing of Lent at the beginning of the last Lent did by Warrant Summon the Victuallers of our own Body only to become bound to His Majesty according to the said Proclamation the Vice-Chancellor sent his Beadles to the Mayor to tell him that the binding of Victuallers did belong to the Vice-Chancellor and not to the Mayor And thereupon the Vice-Chancellor presently made a Warrant to call all the Victuallers before him at another Place one Hour before the time appointed in the Mayor's Warrant And amongst others did take a Recognizance of the said Greene but never certified the same Recognizance not any other Recognizances to the Sessions according to the Law And we make bold to certifie Your Lordships That we have only the Name of Mayor and Magistrates but the Vice-Chancellor Doctors and Proctors do interpose in the Town Affairs That all our Liberties and Privileges are much lessened that of late we had much ado to get Mayor and Bailiffs there being so many that paid their Fines to refuse that the City was at last forced to refuse their Fines and to compel them to take upon them the same Offices Whereas heretofore when we enjoy'd our Liberties and Privileges the same Places were much desired And so hoping that the Premisses considered Your Lordships will not conceive us so careless therein as in Your Lordships Letters is express'd we humbly take leave resting at Your Lordships Service Oxon 15 Junii 1640. John Smith Mayor William Potter Aldermen John Sare Aldermen Henry Southam Aldermen Thomas Cooper Aldermen May it please Your good Lordship ACcording to the Statute of Winchester in the Thirteenth Year of the Reign of our late Sovereign Lord King Edward the First and according to certain Orders and Directions publish'd by the Body of his Highness Privy-Council 1630. A Watch was set by Mr. Mayor and his Brethren with the Consent of the Vice-Chancellor these Rebellious times requiring the same part of which Watch by reason of divers Inrodes and Inlets besides the Gates of the City were appointed by Mr. Mayor to walk about their several Wards and Liberties for the Safety thereof and good Order by which Watch straggling Soldiers and others have been taken and we have been safe But Mr. Proctors question the said Watch and exact of them 40 s. a time for such their walking And for Non-payment thereof threaten to sue them in the Vice-chancellor's Court and send for these Watch-Men very often to their Chambers and make them attend them there and have imprison'd some of the Constables and have laid hold of the Watch-Men and taken some of them to the Prison Gates with an intent to Imprison them and do say that Mr. Mayor cannot give them Power to go from the Gates of the said City And for these Causes Mr. Mayor is forced to discharge the Watch but the Watch in St. Thomas Parish being the Entrance from Farrington where the late Rebellion was he did not discharge and the last Night Proctor Allibond Imprisoned the Constable for setting the same Watch. All this we will prove to be true upon Oath if
relation again to that Parliament under Edward the First from which his Lordship says Bishops were excluded and we know that Parliament is called Indoctum Parliamentum the unlearned Parliament For all the Lawyers were excluded from that Parliament as well as the Clergy-Men And therefore were this Lord indifferent he might argue that Lawyers Votes are not Fundamental in the Commons House which is true tho' no way convenient rather than that Bishops Votes are not Fundamental in the Lords House which is utterly against all Truth and Convenience But his Lordship's Tooth is so sharp and so black against that Order that he snaps at them upon all and upon no Occasion and would invenom them had he Power To make this seem the better his Lordship ends this Speech with a piece of Philosophy which I cannot approve neither For he says That which hath been done for a time at the King's Pleasure may be done with as little danger for a longer time For First this Proposition is unsound in it self For many Cases may happen in which divers things may be done for a Prince's Pleasure once or for a time and with no great danger which continued or often repeated will be full of danger and perhaps not endured by the Subject Secondly I am confident let the Tables be but turned from a Bishop to a Lay-Man and this Lord shall eat his own Proposition For instance in another Parliament and in a time generally received to be as good as that of Edward the First in Queen Elizabeth's time and within my own Memory Mr. Peter Wentworth moved in the House of Commons to have an Heir apparent declared for the better and securer Peace of the Kingdom in After-times The Queen for her meer Will and Pleasure for that which he did was no Offence against Law took him either out of the House or so soon as he came out of the House clap'd him up in the Tower where he lay till his Death What will this Lord say to this Will he say this was done once at the Prince's Pleasure Why then I return his Proposition upon him and tell him that that which was done once at one Prince's Pleasure may be done oftner at other Prince's Pleasure with as little danger Or will this Lord say this was not done at the Queen's Pleasure but but she might justly and legally do so Then other Princes of this Realm having the same Power residing in them may do by other Parliament Men as she did with this Gentleman And which soever of the two he shall say King Charles had as good Right and with as little Breach of Parliament-Privilege to demand the Six Men which by his Attorney he had accused of Treason as that great Queen had to lay hold on Mr. Wentworth Since I had written this the Observer steps in and tells us That a meer Example though of Queen Elizabeth is no Law for some of her Actions were retracted and that yet without question Queen Elizabeth might do that which a Prince less beloved could never have done 'T is true that a meer Example is not a Law and yet the Parliaments of England even in that happy Queen's Time were not apt to bear Examples against Law and if that she did were not against Law that 's as much as I ask For then neither is that against Law which King Charles did upon a far higher Accusation than could be charged against Mr. Wentworth 'T is true again that Queen Elizabeth might do that which a Prince less beloved could not have done that is she might do that with safety which a Prince less beloved could not do that is not do with safety But whatsoever is lawful for one Prince to do is as lawful for another though perhaps not so expedient in regard of what will be well or ill taken by the People But otherwise the Peoples Affection to the Prince can be no Rule nor Measure of the Princes Justice to the People I will be bold to give him another Instance King Charles demanded Ship-Money all over the Kingdom Either he did this justly and legally for the Defence of himself and the Publick or he did it at his Will and Pleasure thinking that an honourable and fit way of Defence I am sure this Lord will not say he did it legally for his Vote concurred to the condemning of it in Parliament And if he say he did it at his own Will and Pleasure then I would fain know of his Lordship whether this which was done for a time at the King's Pleasure may be done with as little danger to the Liberty of the Subject and the Property of his Goods for a longer time and so be continued on the Subject And if he says it may why did he Vote against it as a thing dangerous And if he says it may not then he must Condemn his own Proposition For he cannot but see that that which is once done or done for a short time at a Prince's Will and Pleasure cannot be often repeated or continued but with far greater danger than it was once done Though for the thing it self if it were not legal I am sorry it is not made so For it would be under God the greatest Honour and Security that this Nation ever had Whereas now the Tugging which falls out between the King's Power and the Peoples Liberty will in time unless God's infinite Mercy prevents it do that in this Kingdom which I abhor to think on This Lord goes on yet and tells us That that which hath been so done for a time when it appears to be fit and for publick Good not only may but ought to be done altogether by the Supream Power So then here this is his Lordship's Doctrine that that which was once done at a Prince's Will and Pleasure when it shall appear to be fit and for the publick Good as he supposeth here the taking away of Bishops Votes to be it not only may but ought to be done altogether by the Supream Power as now that is done by Act of Parliament Not only may but ought Soft a little His Lordship had the same Phrase immediately before Why but First every thing that is fit ought not by and by to be made up into a Law For fitness may vary very often which Laws should not Secondly Every thing that is for the publick Good is not by and by to be made up into a Law For many things in Times of Difficulty and Exigency may be for publick Good which in some other Times may be hurtful and therefore not to be generally bound within a Law And if his Lordship shall say as here he doth that they ought to be done altogether and be made up into a Law by the Supream Power but fitted only to such Times under his Lordship's Favour that ought not to be neither For let such a Law be made and he that is once Master of the Times will have the Law ready to