their severall imprisonments thereupon was against the Law and priviledge of Parliament That the severall proceedings against Mr. Hollis and the rest by committing them and prosecuting them in the Star-Chamber and in the Kings Bench is a grievance That Mr. Hollis Mr. Stroud Mr. Valentine and Mr. Long and the heires and Executours of Sir Iohn Eliot Sir Miles Hubbard and Sir Peter Heyman respectively ought to have reparation for their respective dammages and sufferings against the Lords and others of the Councill by whose warrants they were apprehended and committed and against the Councill that put their hands to the Information in the Star-Chamber and against the Judges of the Kings Bench. That Mr. Lawrence Whitaker being a Member of the Parliament 3 Car. entring into the Chamber of Sir Iohn Eliot being likewise a Member of the Parliament searching of his Trunck and Papers and sealing of them is guilty of the breach of the priviledge of Parliament this being done before the dissolution of Parliament Resolved upon the question That Mr. Lawrence Whitaker being guilty of the breach of the priviledges as aforesaid shall be sent forthwith to the Tower there to remain a prisoner during the pleasure of the House Mr. Whitaker was called down and kneeling at the Bar Mr. Speaker pronounced this Sentence against him accordingly Mr. VVhitaker being at the Bar did not deny but that he did search and seal up the Chamber and Trunck and Study of Sir Iohn Eliot between the second and tenth of March during which time the Parliament was adjourned But endeavoured to extenuate it by the confusion of the times at that time the length of the time since the crime was committed being thirteen years the command that lay upon him being commanded by the King and twenty three Privy Counsellors Afterwards Mr. Recorder Glin made a further Report to the House of Commons viz. HE likewise reported the state of the case concerning the losses dammages sufferings imprisonments sustained and undergone by Mr. Vassell for denying to pay Tunnage and Poundage not granted by Act of Parliament in obedience to a Declaration and Vote of this House The Warrant which issued and was subscribed by twelve Privy Counsellors to summon nine of the Members of the House of Commons in the Parliament of tertio Caroli to appear before them during the Parliament viz. Mr. William Stroud Mr. Benjamin Valentine Mr. Hollis Sir Iohn Eliot Mr. Selden Sir Miles Hobert Sir Peter Heyman Mr. Walter Long and Mr. VVilliam Coriton bearing date tertio Marâ—ii quarto Caroli and the names of the twelve Privy Counsellors that signed this Warrant were read The Parliament being adjourned the second of March to the tenth of March and then dissolved The Warrants under the hands of sixteen Privy Counsellors for committing of Mr. Denzill Hollis Sir Iohn Eliot Mr. Iohn Selden Mr. Benjamin Valentine and Mr. William Coriton close prisoners to the Tower bearing date Quarto Martii quarto Caroli during the Parliament were read And the names of the Privy Counsellors that subscribed them were read The Warrants under the hands of twenty two Privy Counsellors directed to William Boswell Esq to repair to the lodgings of Denzil Hollis Esq and to Simon Digby Esq to repair to the lodgings of Mr. Iohn Selden and to Lawrence VVhitaker Esq to repair to the lodgings of Sir Iohn Eliot requiring them to seal up the Truncks Studies and Cabinets or any other thing that had any Papers in them of the said Mr. Hollis Mr. Iohn Selden and Sir Iohn Eliot were read and likewise the names of the Privy Counsellors that subscribed the said Warrants A Warrant under the hands of thirteen Privy Counsellors for the commitment of Mr. William Stroud close prisoner to the Kings Bench bearing date 2d April 1628. was read and the names of the Privy Counsellors that subscribed it The like Warrant was for the commitment of Mr. VValter Long close prisoner to the Marshall-sea The humble Memoriall of the losses dammages sufferings and imprisonments sustained and undergone by Alderman Richard Chambers for denying to pay Tunnage and Poundage not granted by Act of Parliament in obedience to a Declaration and Vote of this House was this day read Ordered that it be referred to the Committee for the Members of tertio Caroli where Mr. Recorder hath the Chair and the Committee of the Navy joyned as to this businesse to consider of the Memoriall of the losses dammages sufferings and imprisonments sustained and undergone by Alderman Richard Chambers for his denying to betray the Liberty of the Subject in paying the illegall Tax of Tunnage and Poundage not granted by Act of Parliament in obedience to a Declaration and Order of this House And the Committee are to make report on Munday fortnight Resolved c. That Mr. Hollis shall have the sum of five thousand pounds for his dammages losses imprisonments and sufferings sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That Mr. Iohn Selden shall have the sum of five thousand pounds for his dammages losses imprisonments and sufferings sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That the sum of five thousand pounds be assigned for the dammages losses imprisonments and sufferings sustained and undergone by Sir Iohn Eliot for his service done to the Common-wealth in the Parliament of tertio Caroli to be disposed of in such manner as this House shall appoint Resolved c. That the sum of two thousand pounds part of four thousand pounds paid into the late Court of Wards and Liveries by the heires of Sir Iohn Eliot by reason of his marriage with Sir Daniel Norton's daughter shall be repaid to Mr. Eliot out of the arrears of monies payable into the late Court of Wards and Liveries before the taking away of the said late Court Ordered that it be referred to the Committee who brought in this Report to examine the Decree made in the late Court of Wards and Liveries concerning the marriage of Sir Eliot's heir with Sir Norton's daughter and what monies was paid by reason of the said Decree and by whom and to report their opinions thereupon to the House Ordered That it be referred to the Committee of the Tower to examine after what manner Sir Iohn Elyot came to his death his usage in the Tower and to view the roomes and places where he was imprisoned and where he dyed and to report the same to the House Resolved c. That the sum of five thousand pounds shall be paid unto the of Sir Peter Heyman for the dammages losses sufferings and imprisonments sustained and undergone by Sir Peter Heyman for his service done to the Common-wealth in the Parliament in tertio Caroli Resolved c. That Mr. VValter Long shall have the sum of five thousand pounds paid unto him for the dammages losses sufferings and imprisonment
which though it do invite him to render unto you such a satisfaction that he hopes may acquit and restore him to your good opinion and might prevent your proceedings which otherwise by a Parliamentary course are like to follow Yet according to his duty having moved the Lords of the Upper House upon your notice given him they would by no means as things now stand give him leave to answer in regard he is not ignorant you are presently to enter into consideration of his Majesties Message and that by a delay therein your own purposes will be in some sort disappointed and the affairs of Christendome much prejudiced but for that upon a resolution you have deferred and respited that service until those things depending against him be first determined he out of fear that his necessary defence would spin out a great deal of time which is more precious is the willinger to obey their Lordships that so he might hasten without obstacle or interruption given unto him to keep day with his Majesty And this he doth as he conceives to his own infinite prejudice knowing how grievous it is to be transmitted as a Grievance by the voice of this House But he doth profess he will rather hazard the safety of his Fortunes Reputation and himself then to be the least occasion of any that may work dis-affection or mis-understanding between the King and his People And it is his Protestation that whatsoever interruption is made by his actions his endeavors shall be as long as he hath any favor with his gracious Master to take opportunity of doing good offices to this House and of rendring all that he can be able for the safety of the State and the general good of the Common-wealth And this he saith you may the easier beleeve because his Majesty can witness that he hazarded in his Fathers time the loss of the best affection of the best of Masters to obtain for them their desire In this zeal he was desirous to have appeared unto you ever since the beginning of this Parliament and in this zeal he doth now present himself unto you But to return to the main point he lest we should be mistaken gave us occasion in plain words to remember you that it is not he that doth refuse to answer but the Lords commanded him not to answer which he the cheerfullier obeyed in respect of his fidelity to prefer the Universal Weal before his own particular And in the mean time he desireth the charitable opinion of this Noble House until he be convinced that he shall appear not worthy of it which his own innocency maketh him confident that he shall not Whilst the Duke stood ready to be impeacht his Grace propounded to the Lords of the Council to have it moved to the King that in regard of the important services by Sea the usual pay to the Sailers might be raised from Fourteen to Twenty shillings a Moneth which was as much as they ordinarily received for Merchants wages The King being therein moved was consenting Nevertheless multitudes of the pressed Mariners ran away leaving his Majesties Ships unfurnished and his Service disappointed There was a great Debate in the House of Commons Whether the Committee of Twelve where Mr. Glanvile had the Chair shall consider of any new matter not heretofore propounded in the House against the Duke And it was resolved in the Affirmative Mr. Glanvile reports from the Committee the Examination concerning a Plaister and a Posset applied and given to King Iames in his sickness when the Kings sworne Physicians had agreed upon other Directions Hereupon it was resolved That this should be annexed to the Charge against the Duke as a transcendent Presumption of dangerous consequence Hereupon his Majesty sent this Message to the Commons THat he having given way to Enquiry about the Duke of Buckingham and hearing that there is new matter intended to be brought against him nevertheless leaveth the House to their own way to present the business to him or to the Lords withal adviseth them to consider of the season of the year and to avoid all loss of time It was Ordered That thanks should be returned to his Majesty for this Message On Monday the First of May the Gentleman-Usher brought the Earl of Bristol to the Bar according to their Lordships Order and the Lord Keeper acquainted him That the King had commanded his Attorney General to charge the Earl of Bristol before their Lordships with High Treason and other Offences and Misdemeanors of a very high nature that they might proceed in a Legal course against him according to the Justice and usual proceedings of Parliament I. Offences done and committed by the Earl of Bristol before His Majesties going into Spain when he was Prince I. THat the said Earl being trusted and employed by the said late King as his Ambassador to Ferdinando then and now Emperor of Germany and to Philip the Fourth then and now King of Spain in Annis 1621.22 and 23. And having Commission and particular and special Direction to Treat with the said Emperor and the King of Spain for the plenary restoring of such parts of the Dominions Territories and Possessions of the Count Palatine of Rhine who married with the most Excellent Lady Elizabeth his now Royal Consort the onely Daughter of the said late King Iames which were then wrongfully and in hostile manner taken and possessed with and by the Armies of the said Emperor and King of Spain or any other and for preserving and keeping such other parts thereof as were not then lost but were then in the protection of the said late King Iames and to the use of the said Count Palatine and his Children And also to Treat with the said King of Spain for a Marriage to be had between the most High and Excellent Prince Charls then Prince of Wales the onely Son and Heir Apparant of the said King Iames and now our most Soveraign Lord and the most Illustrious Lady Donna Maria the Infanta of Spain Sister to the now King of Spain He the said Earl contrary to his duty and Alleagiance and contrary to the trust and duty of an Ambassador at Madrid in the Kingdom of Spain to advance and further the designs of the said King of Spain against our said Soveraign Lord his Children Friends and Allies falsly willingly and traiterously and as a Traitor to our said late Soveraign Lord the King by sundry Letters and other Messages sent by the said Earl from Madrid in the years aforesaid unto King Iames and his Ministers of State of England did confidently and resolutely inform advise and assure the said late King That the said Emperor and King of Spain would really fully and effectually make restitution and plenary restauration to the said Count Palatine and his Children of the said Dominions Territories and Possessions of the said Count Palatine and of the said Electoral Dignity And that the said King of
making the same contemptible through the sale of it by the commonness of it Yet I am commanded further to observe another step of Unworthiness in this Gentleman who hath not only set Honor to sale by his Agents but compelled men likewise unwilling to take Titles of Honor upon them For the particular that Noble Gentleman that this concerns I am commanded to say of him from the House of Commons That they conceive of him that he was worthy of this Honor if he had not come to it this way They can lay no blame upon him that was constrained to make this bargain to redeem his trouble But we must distinguish of this as Divines do betwixt the Active and Passive Usurers they condemn the Active speaking favorably of the Passive And I must here observe to your Lordships by the direction of the House of Commons That it seems strange to them that this Great man whom they have taken notice of to be the principal Patron and Supporter of a Semipelagian and a Popish Faction set on foot to the danger of this Church and State whose Tenets are Liberty of Free-will though somewhat mollified That a man imbracing these Tenets should not admit of Liberty in Moral things And that he should compel one to take Honor and Grace from a King whether he will or no what is that but to adde Inhumanity and Oppression to Injury and Incivility But here I must answer a President or two which may be by misunderstanding inforced against me 5 H. 5. There was Martin and Babington and others which were chosen to be Serjeants and they did decline from it out of their modesty and doubted that their Estates were not answerable to their Place yet upon the Charge of the Warden of England they accepted it and appeared to their Writs Likewise there is a Writ in the Register That many by reason of the Tenure of their Lands may be compelled to be made Knights But this makes rather against then for this Faction For it is true that this is the wisdom and policie of the Common-Law that those that be thought fit men for Imployment may be drawn forth to be imployed for the good of the Commonwealth where otherwise they would not take it upon them But that any man for his own gain should force a man to take Degrees of Honor upon him certainly this is beyond all Presidents and a thing not to be exampled either in our Nation or any other And further I am commanded to tell your Lordships That it is dangerous that if a great Lord by his power or strength may compel a Subject to take such Honors why may he not compel them as well to take his Lands at what price he will and to sell them again as he thinks fit yea to marry his Children as it pleaseth him The conference of this is great if that it be well considered And they conceive that it is of so great a consequence that if it be not stopped it may come in time to make way for a dangerous Subversion and demonstrates a great Tyranny of a Subject under a most wise most gracious and most moderate King And thus my Lords I have done with the first Article allotted to my Charge and so I proceed to the next My Lords Before I enter into the enforcement of this Article I shall by way of Protestation from the House of Commons do in this as I did in the other Article And first for the Kings Majesty under whom we are now happily governed and placed I must by their direction say for his honor and our comfort and with humble acknowledgment confess That since his coming to the Crown there have been men of as great parts and learning advanced into Places in Church and Commonwealth as any have been heretofore And then for the first of those Lords whose names are mentioned in this Article I must say that they do not intend to reflect at all upon him nay they think his person so worthy as to be advanced to as high a place without any price at all and that he ought to have kept it longer if those that shuffled in those times had not shuffled him out Now to the matter of this Article which is the Sale of Places of Judicature being an offence And to prove this is all one as to make the glass clear by painting of it The grounds whereon I shall go shall be laid open Magna Charta cap. 29. The words are these Nulli vendemus nulli negabimus Justitiam It may be said this comes not close to my purpose Yet by your Lordships favor I shall make it good that it doth and I shall begin with the latter of the two first Nulli negabimus For if any that hath power or favor with the King should procure him to delay the making of Judges when there were Judges to take it it will not be denied that they do their best endeavor to make the King break his word For if any use their favor about the King to procure Places of Judicature for money they do what in them lies to make Justice it self saleable For it is plain that he that buyes must sell and cannot be blamed if he do sell. I shall open the evil Consequences that depend upon the sale of Places of Judicature or any Places of great trust 1. By this means unable men shall be sure of the precedence unto Places For they being conscious of their own want of Merits they must be made up by the weight in Gold 2. It must needs hence follow that Suits Contentions Brawls and Quarrels shall be increased in the Commonwealth For when men come to seats of Judicature by purchase they must by increase of Suits increase their own profit 3. Men will not study for sufficiencie of Learning to be able to discharge their Places but how they may scrape together Money to purchase Places 4. It will follow that those that have the best Purses though worst Causes will carry away the victory always 5. It will follow that when they be preferred for money to those Places they are tied to make the best of those Places viis modis And then the Great man that sold those Places to them must uphold them in their Bribery and he is tied to it because they are his Creatures nay further he is tied to support them in their Bribery to advance their Places upon the next remove 6. And lastly when good men and well deserving come to any Place they shall not continue there but they shall be quarrelled at so that there may be a vacancie in that Place and then some other shall suddenly step into the saddle by giving a competent price Upon these and the like reasons this fact of selling and buying Places and Offices of Trust hath not only been declaimed against by Christians but also by Moral Pagans Aristotle in his 5 lib. of Ethicks cap. 8. gives it as a Caveat That
in Parliament The Right Honorable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and a Commissioner of Sewers and a Deputy Lieutenant within the East-Riding of Yorkshire his Lordship is presented to be a Popish Recusant and his Indictment removed into the Kings-Bench and his Wife Mother and the greatest part of his Family are Popish Recusants and some of them convicted William Lord Eury in Commission for the Sewers in the East-Riding a convict Popish Recusant Henry Lord Abergaveney John Lord Tenham Edward Lord Wotton in Commission for Sewers justly suspected for Popery Henry Lord Morley Commissioner of Sewers in Com. Lanc. himself suspected and his wife a Recusant Iohn Lord Mordant Commissioner of the Peace Sewers and Subsidie in Com. Northampton Iohn Lord St Iohn of Basing Captain of Lidley Castle in Com. Southampton indicted for a Popish Recusant Em. Lord Scroop Lord President of his Majesties Council in the North Lord Lieutenant of the County and City of York Com. Eborac Ville Kingston super Hull presented the last time and continuing still to give suspition of his ill-affection in Religion 1. By never coming to the Cathedral Church upon those dayes wherein former Presidents have been accustomed 2. By never receiving the Sacrament upon Common dayes as other Presidents were accustomed but publickly departing out of the Church with his servants upon those dayes when the rest of the Council Lord Major and Aldermen do receive 3. By never or very seldom repairing to the Fasts but often publickly riding abroad with his Hawkes on those dayes 4. By causing such as are known to be firm on those dayes in the Religion established to be left out of Commission which is instanced in Henry Alured Esquire by his Lordships procurement put out of the Commission of Sewers or else by keeping them from executing their places which is instanced in Dr. Hudson Doctor in Divinity to whom his Lorship hath refused to give the Oath being appointed 5. By putting divers other ill-affected persons in Commission of the Council of Oyer and Terminer and of the Sewers and into other Places of Trust contrary to his Majesties gracious Answer to the late Parliament 6. In October last 1625. being certified of divers Spanish ships of War upon the Coasts of Scarborough his Lordship went thither and took with him the Lord Dunbar Sir Thomas Metham and William Alford and lay at the house of the Lord Eury whom he knew to be a convict Recusant and did notwithstanding refuse to disarm him although he had received Letters from the Lords of the Council to that effect and did likewise refuse to shew the Commissioners who were to be imployed for disarming of Popish Recusants the original Letters of the Privy-Council or to deliver them any Copies as they desired and as his Predecessors in that place were wont to do 7. By giving Order to the Lord Dunbar Sir William Wetham and Sir William Alford to view the Forts and Store of Munition in the Town of Kingston upon Hull who made one Kerton a convict Recusant and suspected to be a Priest their Clerk in that service 8. By denying to accept a Plea tendred according to the Law by Sir William Hilliard Defendant against Isabel Simpson Plaintiff in an Action of Trover that she was a convict Popish Recusant and forcing him to pay costs 9. By the great increase of Recusants since his Lordships coming to that Government in Ianuary 1619. It appearing by the Records of the Sessions that there are in the East-Riding onely One thousand six hundred and seventy more convicted then were before which is conceived to be an effect of his favor and countenance towards them William Langdale Esquire convict of Popish Recusancy Iordan Metham Henry Holm Michael Partington Esquires George Creswell Thomas Danby Commissioners of the Sewers and put in Commission by procurement of the Lord Scroop Lord President of the North and who have all Popish Recusants to their wives Ralph Bridgeman a Non-Communicant Nicholas Girlington whose wife comes seldom to Church Sir Marmaduke Wycel Knight and Baronet presented the last Parliament his wife being a convict Popish Recusant and still continuing so Sir Thomas Metham Knight Deputy Lieutenant made by the Lord Scroop in Commission of the Council of the North and of Oyer and Terminer and other Commissions of Trust all by procurement of the same Lord President since the Kings Answer never known to have received the Communion his two onely Daughters brought up to be Popish and one of them lately married to Thomas Doleman Esquire a Popish Recusant Anthony Vicount Montague in Commission of the Sewers in Com. Sussex his Lorship a Recusant Papist Sir William Wray Knight Deputy Lieutenant Colonel to a Regiment his wife a Recusant Sir Edw. Musgrave Sir Tho. Lampleigh Justices of Peace and Quorum Sir Thomas Savage Deputy Lieutenant and Justice of Peace his wife and children Recusants Sir Richard Egerton a Non-Communicant Thomas Savage Esquire a Deputy Lieutenant a Recusant and his wife indicted and presented William Whitmore Commissioner of the Subsidy his wife and children Recusants Sir Hugh Beeston Commissioner of the Subsidy his Daughter and many of his Servants Recusants Sir William Massie Commissioner for the Subsidy his Lady indicted for Recusancy and his children Papists Sir William Courtney Knight Vice-Warden of the Stannery and Deputy Lieutenant a Popish Recusant Sir Thomas Ridley Knight Justice of the Peace his wife a Popish Recusant and eldest son Sir Ralph Conyers Knight Justice of Peace his wife a Popish Recusant Iames Lawson Esquire a Justice of Peace and one of the Captains of the Trained-band his children Popish Recusants and servants Non-Communicants Sir Iohn Shelley Knight and Baronet a Recusant William Scot Esq a Recusant Iohn Finch Esquire not convict but comes not to Church in Commission of the Sewers These are all convicted Recusants or suspected of Popery Sir William Mollineux Deputy Lieutenant and Justice of Peace his wife a Recusant Sir Richard Honghton Knight Deputy Lieutenant his wife and some of his daughters Recusants Sir William Norris Captain of the general Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant Iames Anderton Esquire Justice of Peace and one of his Majesties Receivers his wife a Non-Communicant his son and heir a great Recusant and himself suspected Edward Rigby Esquire Clerk of the Crown Justice of Peace himself a good Communicant but his wife and daughters Popish Recusants Edward Criswell Esquire Justice of Peace his wife a Popish Recusant Iohn Parker Gentleman Muster-Master for the County suspected for a Popish Recusant George Ireland Esquire Justice of Peace his wife a Popish Recusant Iohn Preston Esquire Bow-bearer for his Majesty in Westmorland Forest a Recusant Thomas Covill Esquire Jaylor Justice of Peace and Quorum his Daughter a Recusant married Sir Cuthbert Halsal Justice of Peace his wife a Recusant Richard Sherborn Esquire Justice of Peace himself
and other Lands to the said Title of Earl of Arundel 11. An Act to assure the Joynture of the Lady Francis Nevil and to enable the Lord Abergavenny to sell Lands 12. An Act concerning the Lands of William Earl of Devon 13. An Act to confirm the Estates of the Lord Morlies Tenants in Tatham and Gressingham 14. An Act for reestating of Lands of William Morgan Esq and discharging the trust concerning them 15. A Declararation of the Commons against Doctor Manwaring 16. An Act to enable Dutton Lord Gerrard to make a Joynture to any Wife that he shall hereafter marry and to provide for younger children and the securing of Portions for Alice Frances and Eliz. Gerrard sisters of the said Lord Gerrard 17. An Act for restitution in blood of Carew Rawleigh Esq and to confirm Letters Patents made to the Earl of Bristol by King James 18. An Act for the Naturalizing of Isaac Ashley Henry Ashley Thomas Ashley and Bernard Ashley sons of Sir Jacob Ashley Knight 19. An Act for Naturalizing of Samuel Powel 20. An Act for the naturalizing of Alexander Levingston Gent. 21. An Act for the naturalizing of John Trumbal and of William Beere Edward Beer and Sidney Beere and Samuel Wentworth 22. An Act for the amendment of a word miswritten in an Act made An. 21. Iac. R. to enable Vincent Lowe Esq. to sell Lands c. 23. An Act for naturalizing of Sir Robert Ayton Knight 24. An Act for confirmation of Letters Patents made by King James to John Earl of Bristol 25. An Act for naturalizing of John Aldersey Mary Aldersey Anne Aldersey Eliz. Aldersey and Margaret Aldersey c. 26. An Act for the naturalizing of Daniel Delingue Knight 27. An Act for the naturalizing of Sir Robert Dyel Kt. and George Kirk Esquire 28. An Act for the naturalizing of James Freese In the Interval between the two Sessions there happened many remarkable passages DOctor Manwarings Sermons intituled Religion and Allegiance were suppressed by Proclamation the King declaring that though the grounds thereof were rightly laid to perswade obedience from Subjects to their Sovereign and that for conscience sake yet in divers passages inferences and applications thereof trenching upon the Laws of this Land and proceedings of Parliaments whereof he was ignorant he so far erred that he had drawn upon himself the just censure and sentence of the High Court of Parliament by whose judgement also that Book stands condemned Wherefore being desirous to remove occasions of scandal he thought fit that those Sermons in regard of their influences and applications be totally suppressed Then a Proclamation came forth declaring the Kings pleasure for proceedings with Popish Recusants and directions to his Commissioners for making compositions for two parts of three of their Estates which by Law were due to his Majesty neverthelesse for the most part they got off upon easie tearms by reason of compositions at undervalues and by Letters of Grace and protection granted from time to time to most of the wealthiest of them This was seconded with another Proclamation commanding that diligent search be made for all Priests and Jesuites particularly the Bishop Calcedon and others that have taken Orders by authority from the See of Rome that they be apprehended and committed to the Goale of that County where they shall be found there to remaine without Bayle or Mainprize till they be tryed by due course of Law and if upon trial and conviction there shall be cause to respit the execution of any of them they shall not lie in the Common Goals much lesse wander about at large but according to the example of former times be sent to the Castle of Wisbitch or some other safe prison where they shall remain under strait and close custody and be wholly restrained from exercising their function and spreading their superstitious and dangerous doctrines Hereupon the Privy Councel wrote to the Bishop of Ely a Letter of the tenour following WHereas his Majestie hath beene informed that the Romish Priests Jesuites and Seminaries lurking in this Kingdome do obstinately and maliciously continue their wonted practises to supplant the true Religion established and to seduce his people from obedience stirre up sedition and subvert the State and Government so far as it lieth in their power his Majesty hath therefore commanded us to signifie unto your Lordship that it is his expresse will and pleasure according to his Declaration in Parliament and his Royal Proclamation since published you shall forthwith prepare and make ready the Castle of Wisbitch in the Isle of Ely to receive and lodge all such Priests Jesuites and Seminaries and other prisoners as shall be hereafter sent thither and there treat and governe them according to such instructions and directions as shall be prescribed by this board The Jesuites taken in Clarken-well being then in several prisons it was ordered by the Councel they should all be removed to Newgate and such of them as were not as yet convicted and condemned should be proceeded against untill they were condemned and then that they all should be sent to the Castle of VVisbitch according to the Proclamation in that behalf and the Attorney General was required to take course to entitle the King to the goods taken in the house which was designed for a Colledge and accordingly they were proceeded against and but onely one convicted which proceeding was questioned in the ensuing Session of Parliament And upon Information that there was a greater concourse of Recusants in or near London then had been usual at other times the Privy Councel sent to the Lord Mayor to require him to cause diligent search to be made within the City and Liberties thereof and to finde out what Recusants did inhabit or remaine there as House-keepers Inmates or Lodgers or in any manner and to return a certificate to the board both of their names and qualities distinguishing which were Trades-men that were there by occasion of their Trades according to to the Statute in that behalf and which were of no Trade but resorted thither from other parts of the Kingdom Iuly 15. being St. Swithins day Sir Richard VVeston Chancellor of the Exchequer was made Lord Treasurer of England and the same day was Bishop Laud translated to the Bishoprick of London About the same time Master Montague formerly mentioned was designed to the Bishoprick of Chichester upon the decease of Bishop Carleton Neverthelesse his Appello Caesarem was thought fit to be called in the King declaring that out of his care to maintain the Church in the unity of true Religion and the bond of peace to prevent unnecessary disputes he had lately caused the Articles of Relgion to be reprinted as a rule for avoiding diversities of opinions and considering that a Book written by Richard Montague now Bishop of Chichester intituled Apello Caesarem was the first cause of those disputes and differences which since have much troubled the quiet