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
Non-resident his wife and son Recusants Sir George Hennage Knight Sir Francis Metcalf Knight Robert Thorall Esquire Anthony Mounson Esquire William Dallison Esquire in Commissioner of the Sewers and are justly suspected for Popish Recusants Sir Henry Spiller Knight in Commission of Peace for Middlesex and Westminster and Deputy Lieutenant Valentine Saunders Esquire one of the six Clerks both which are justly suspected to be ill-affected in Religion according to the Acts of State Charles Jones Knight Deputy Lieutenant and Justice of Peace George Milburne Esquire Justice of Peace Edward Morgan Esquire their wives are all Popish Recusants William Jones Deputy Lieutenant Justice of Peace his wife suspected to be a Popish Recusant Iohn Vaughan Captain of the Horse suspected for Recusancy Benedict Hall Receiver and Steward of the Dutchy of Lancaster he and his wife are Popish Recusants Sir Thomas Brudenel Knight and Baronet Deputy Lieutenant a Popish Recusant Cuthbert Herone Esquire now Sheriff of Northumberland Justice of the Peace his wife a Recusant Sir William Selby Junior Knight Justice of Peace his wife a Recusant Sir Iohn Canning Knight Justice of the Peace his wife a suspected Recusant Sir Ephraim Widdrington Knight Justice of Peace suspected to be a Recusant Sir Thomas Riddall Knight Justice of Peace his wife and eldest son are Recusants Iohn Widdrington Esquire who came out of the same County before his Majesties Proclamation was published and is now at London attending the Council Table by Commandment and yet not dismist Sir Robert Pierpoint Esquire Justice of Peace his wife a Recusant Sir Anthony Brown Knight Justice of Peace thought to be a Recusant but not convict Sir Henry Beddingfield Knight Deputy Lieutenant and Justice in Oyer and Terminer and in Commission of Sewers Justice of Peace and Captain of a foot Company his wife nor any of his children as is informed come to the Church Thomas Sayer Captain of the Horse his wife comes not to Church Sir William Yelverton Baronet and Justice of Peace not suspected himself but his eldest son and one of his daughters are known Recusants Sir Henry Minne Knight Justice of Peace and Quorum neither he his wife or daughters can be known to have received the Communion and have been presented at the Sessions for Non-conformity Robert Warren Clerk a Justice of Peace justly suspected and that for these Reasons 1. He being in trust for one Ratcliff of Bury deceased for the educating of his son he took him from the School at Twelve years old and sent him beyond the Seas to be brought up there in a Popish Seminary where he hath remained six or seven years as was generally reported 2. One of his Parishioners doubted in some points of Religion being sick and desired to be satisfied by him who confirmed him in the Religion of the Church of Rome which he told to his brothers before his death who are ready to affirm the same but this was divers years since 3. There being Letters directed to four Knights of that County to call the Ministers and other officers before them and to cause them to present all such as absented themselves from the Church and were Popishly affected he was desired to present those within his Parish Church of Welford which he accordingly did but left out at the least one half and being asked why he did so he answered that he was no Informer And being asked of some particulars whether they came to the Church or not his Answer was they did not and why then did he not present them he said they might be Anabaptists or Brownists and would not present them and this certified by three Members of the House 4. He having a brother dwelling in Sudbury that was presented for not coming to the Church he came to one of the Ministers and told him that he took it ill they presented his brother who answered he did it not but if he had known of it he would whereupon he replied He was glad he had a brother of any Religion 5 One of his Parish named Fage having intelligence that there was one in the said Parish that could inform of a Private place where Arms were in a Recusants House in the Parish came to some of the Deputy Lieutenants in Commission for a Warrant to bring the same in form before them to be examined concerning the same and the said Fage delivered the Warrant to the Constable he carried him before the said Mr Warren who rated the said Fage for that he did not come to him first telling him that he was a factious fellow and laid him by the heels for two hours which the said Fage is ready to affirm Sir Benjamin Titchburne Knight and Baronet Justice of Oyer and Terminer Justice of Peace and Deputy Lieutenant and in Commission for the Subsidue his wife children and servants indicted for popish Recusancy Sir Richard Tichburne Knight Justice of Peace his wife presented the last Sessions for having absented her self from the Church for the space of two moneths Sir Henry Compton Knight Deputy Lieutenant Justice of Peace and Commissioner for the Sewers Sir Iohn Shelly Knight and Baronet himself and his Lady Recusants Sir Iohn Gage Knight and Baronet a Papist Recusant Sir Iohn Guilfor Knight Their Ladies come not to Church Sir Edward Francis Knight Their Ladies come not to Church Sir Genet Kempe Knight some of his children come not to Church Edward Gage Esq a Recusant Papist Commissioners of the Sewers Tho Middlemore comes not to Church Commissioners of the Sewers Iames Rolls William Scot Commissioners of Sewers both Recusants Papists Robert Spiller comes not to Church Sir Henry Guilford in Commission for Piracies and for the Sewers and Iohn Thatcher Esquire Commissioner for the Sewers they are either persons convicted or justly suspected Sir Richard Sandford Knight Richard Brewthwait Esquire Gawen Brewthwait Esquire their wives are Recusants Sir William Ambrey Knight Justice of Peace a Recusant Rees Williams a Justice of Peace his wife a convict Recusant and his children Popishly bred as is informed Sir Iohn Coney Knight a Justice of Peace and Deputy Lieutenant his wife a Popish Recusant Morgan Voyle Esquire Justice of Peace his wife presented for not coming to Church but whether she is a Popish Recusant is not known Iohn Warren Captain of the Trained-band one of his sons suspected to be Popishly affected Wherefore they humbly beseech your Majesty not to suffer your loving Subjects to continue any longer discouraged by the apparent sence of that increase both in number and power which by the favor and countenance of such like ill-affected Governors accreweth to the Popish Party but that according to your own wisdom goodness and piety whereof they rest assured you will be graciously pleased to command that Answer of your Majesties to be effectally observed and the Parties above named and all such others to be put out of such Commissions and Places of Authority wherein they now are in your Majesties Realm of England contrary
gracious Pardon of his now Majesty granted to the said Duke and vouchsafed in like manner to all his Subjects at the time of his most happy Inauguration and Coronation Which said Pardon under the Great Seal of England granted the said Duke beareth date the 10. day of February now last past and here is shewn forth unto your Lordships on which he doth most humbly rely And yet he hopeth your Lordships in your Justice and Honor upon which with confidence he puts himself will acquit him of and from those misdemeanors offences misprisions and crimes wherewith he hath been charged And he hopeth and will daily pray that for the future he shall by Gods grace so watch over his actions both publick and private that he shall not give any just offence to any The Duke having put in this Answer earnestly moved the Lords to send to the Commons to expedite their Reply and the Commons did as earnestly desire a Copy of his Answer The next day his Majesty wrote this Letter to the Speaker TRusty and Welbeloved We greet you well Our House of Commons cannot forget how often and how earnestly we have called upon them for the speeding of that Aid which they intended us for our great and weighty affairs concerning the safety and honor of us and our Kingdoms And now the time being so far spent that unless it be presently concluded it can neither bring us Money nor Credit by the time which themselves have prefixed which is the last of this Moneth and being further deferred would be of little use we being daily advertised from all parts of the great preparations of the Enemy ready to assail us We hold it necessary by these our Letters to give them our last and final admonition and to let them know that we shall account all further delays and excuses to be express denials And therefore we will and require you to signifie unto them that we do expect that they forthwith bring in their Bill of Subsidy to be passed without delay or Condition so as it may fully pass the House by the end of the next week at the furthest Which if they do not it will force us to take other resolutions But let them know if they finish this according to our desire that we are resolved to let them sit together for the dispatch of their other affairs so long as the season will permit and after their recess to bring them together again the next Winter And if by their denial or delay any thing of ill consequence shall fall out either at home or abroad We call God and man to witness that We have done our part to prevent it by calling our People together to advise with us by opening the weight of our occasions unto them and by requiring their timely help and assistance in these Actions wherein we stand engaged by their own Councels And we will and command you that this Letter be publickly read in the House About this time there happened at three a clock in the afternoon a terrible storm of Rain and Hail in and about the City of London and with it a very great Thunder and Lightening The graves were laid open in S. Andrews Church-yard in Holborn by the sudden fall of the Wall which brought away the Earth with it whereby many Coffins and the Corps therein were exposed to open view and the ruder sort would ordinarily lift up the lids of the Coffins to see the posture of the dead Corps lying therein who had been buried of the Plague but the year before At the same instant of time there was a terrible Storm and strange Spectacle upon Thames by the turbulencie of the waters and a Mist that arose out of the same which appeared in a round Circle of a good bigness above the waters The fierceness of the Storm bent it self towards York-House the then habitation of the Duke of Buckingham beating against the stairs and wall thereof And at last this round Circle thus elevated all this while above the water dispersed it self by degrees like the smoke issuing out of a Furnace and ascended higher and higher till it quite vanished away to the great admiration of the beholders This occasioned the more discourse among the Vulgar in that Doctor Lamb appeared then upon Thames to whose Art of Conjuring they attributed that which had happened The Parliament was then sitting and this Spectacle was seen by many of the Members out of the windows of the House The Commons agreed upon this ensuing Petition to his Majesty concerning Recusants To the Kings most Excellent Majesty YOur Majesties most obedient and loyal Subjects the Commons in this present Parliament assembled do with great comfort remember the many Testimonies which your Majesty hath given of your sincerity and zeal of the true Religion established in this Kingdom and in particular your gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the Increase of Popery That your Majesty thought fit and would give order to remove from all Places of Authority and Government all such persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal cause of that mischief But not having received so full redress herein as may conduce to the peace of this Church and safety of this Regal State They hold it their duty once more to resort to your Sacred Majesty humbly to inform you that upon examination they find the persons underwritten to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the first sitting of the Parliament did remain in places of Government and Authority and Trust in your several Counties of this your Realm of England and Dominion of Wales The Right Honorable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northampton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North-Riding of Yorkshire by sending a Licence under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Helmsley in the said North-Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter-Sessions discharged from keeping an Alehouse because he was a Popish convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollers within the said Mannor of Helmsley that formerly had his Licence to teach Schollers taken from him for teaching Schollers that were the children of Popish Recusants and because he suffered these children to absent themselves from the Church whilest they were his Schollers for which the said Conyers was formerly complained of
that it is but a Finable offence yet by the said Statute those which are imprisoned for open and notorious naughtinesse shall not be bayled the same naughtinesse is there intended high and exorbitant offence 2. It is fit to restrain the prisoners of their liberty that the Common-wealth be not damnifâ—ed It is lawfull to pull down a house to prevent the spreading mischief of fire it is lawfull to restrain a furious man And by the 14 H. 7. a Iustice of peace may restrain one rout Then the restraint of dangerous men to the Common-wealth is justifiable and necessary 24 E. 3.33 p. 25. Sir Thomas Figet went armed in the Palace which was shewed to the Kings Councell wherefore he was taken and disarmed before the chief Iustice shard and committed to the prison and he could not be bayled till the King sent his pleasure and yet it was shewed that the Lord of T. threatned him Out of which case I observe two things First that the Iudge of this Court did cause a man to be apprehended upon complaint made to the Council that is to the Lords of the Privy Council 2. That although he did nothing he is not mayn-pernable untill the King sent his pleasure because he was armed and furiously disposed So here UUherefore I pray that the Prisoners may be sent back again Davenport argued to the same intent and purpose and therefore I will report his Argument briefly 1. He said That the Return here is sufficient The Counsell on the other side have made fractions of this Return and divided it into severall parts whereas the genuine construction ought to have been made upon the entire Return for no violence ought to be offered to the Text. 7 E. 4.20 In false imprisonment the Defendant did iustifie and alledged severall reasons of his justification to wit because a man was killed and that this was in the County of S. and that the common voice and fame was that the Plaintiff was culpable And this was held a good plea although Bryan did there object That the plea was double or treble and the reason was because twenty causes of suspition make but one entire cause and indivisible unity in this ought not to be divided So C. 8.66 Crogates In an action of trespasse the Defendant justifies for severall causes and held good because upon the matter all of them make but one cause C. 8.117 It is said That it is an unjust thing unlesse the whole Law be looked into to judge and answer by propounding any one particular thereof and if it be unjust in the exposition of a Law it is uncivill in a Return to make fractions of it in the construction thereof especially it being a Return for Information and not for Accusation 2. Although the Counsell on the other side have taken this case to be within the Petition of Right yet this is Petitio principii to take that for granted which is the question in debate He said That he would not offer violence to the Petition of Right to which the King had assented and which shall really be performed But the question here is Whether this Return be within it and the Iudges are keepers not masters of this pledge and it seems that this Return is out of the letter and meaning of the said Statute 3. He said That this was the actuall commitment of the Lords of the Privy Councill and the habituall or virtuall commitment of the King But because upon these two matters he put no case nor gave any reason but what had been put or given in the Argument of the grand Habeas corpus Mich. 3 Caroli and afterwards in the House of Commons which was reported to the Lords in the painted Chamber all which Arguments I heard I have here omitted them And for the great respect which the Law gives to the commands of the King he put these cases 7 H. 3. Attachment of waste against the Tenant in Dower and the waste was assigned in the taking of fish out of a pond and the carrying them away The Defendant pleaded That her second husband by the command of the Lord the King took all the fish out of the said pond to the use of the Lord the King and held a good justification which proves that the command of the King there to her husband excused her of the said waste And yet it is clear that Tenant in Dower is liable to an action of waste for waste done in the time of her second husband But contrary is it where a woman is Tenant for life and took a husband who made waste and dyed no action lies against the wife for that waste And F. N. B. 17. A. If the Tenant in precipe at the grand cape makes default the King may send a UUrit to the Iustices rehearsing that he was in his service c. commanding them that that default be not prejudiciall to him and this command of the King excuseth his default be the cause true or no. 4. For the particulars of the Return it is for notable contempts against the Government But as to that it hath been said that the King hath sundry governments to wit Ecclesiasticall Politicall c. and it is not shewn against which of them This is but a cavilling exception they might as well have excepted to this Return because it is not shewen that these contempts were after the last generall Pardon that had been a better exception The last words of the Return are raising sedition against Us But as to this it hath been said That Seditio is not a word known in the Law and is alwaies taken either Adverbially or Adjectively and is not a Substantive To this he said That although it is not a Substantive for the preservation yet it is a Substantive for the destruction of a Kingdom And he said that he found the word Seditio in the Law and the consequent of it likewise which is seductio populi But it is not ever found to be taken in a good sense it is alwaies ranked and coupled with treason rebellion insurrection or such like as it appears by all those Statutes which have been remembred on the other side Therefore he prayed likewise that the Prisoners might be sent back Trin. 5 Car. B. R. THe first day of the Term upon Habeas Corpus to Sir Allen Apsley the Lieutenant of the Tower to bring here the body of John Selden Esq with the cause of detention He returned the same cause as above and Littleton of Counsell with him moved that the Return was insufficient in substance therefore he prayed that he might be bayled It is true that it is of great consequence both to the Crown of the King and to the liberty of the Subject But under favour for the difficulty of Law contained in it the case cannot be said Grand In my Argument I will offer nothing to the Court but that which I have seen with these eyes and that which
that your so vehement desire of a Catholick marriage is a certain voice of God calling you and disposing all things sweetly For it is not necessary that the Omnipotent should always thunder with the voice of his greatness because secret counsels themselves directing men into the way of Salvation are words by which the Eternal Wisdom speaks and declares the command of a Deity Wherefore we have ever endeavored to the utmost of our power that this Honorable Marriage by the blessing of God might be finished From hence you may perceive that none could have been advanced to this heighth of humane Affairs from whom you may expect more expressions of good will or fruits of bounty For your Ancestors which tamed Heretical Impieties and not onely revered but vindicated the Roman Hierarchy do recommend you a most Noble Prince to the Papal Charity For when Monsters of new Opinions broke into the Bulwarks of the Northern Ocean they bridled the endeavors of the wicked with wholesome arms and did not change the truth of God into a lye And if you as you write shall in good earnest glory more in the imitation of your Ancestors then that you are descended of Kings we easily foresee how great joy to the Church of Rome and how great felicity to the British Kingdoms these words do promise which deserve to be written in the Book of Life Such good turns O most desired Son the venerable Assembly of the Scotish Kings exacts and expects from you whose actions without doubt he condemns who revolts from their Religion The Catholick Kings of all Europe require this of you for how can their Concord be the Vow of your care as long as you dissent from them in a matter of the greatest importance that is in the veneration of holy Rites The Roman Church which England reverenced long ago as the Mistress of Truth whose belief you confess you hate not desires forthwith to open unto you the Gates of the Heavenly Kingdom and to bring you back into the possession of your Ancestors Think that now in Spain you are become a spectacle to God and Men and that you shall always be the desire and care of our Reign Take heed most Noble Prince that the Counsels of those who prefer worldly interests before heavenly do not obdure your heart Make glad the Host of Heaven which will fight in your Camps and return O most wished for Son into the embraces of the Church which desires you with the applause and favor of Men and Angels that so rejoycing in your Marriage we may sing with joy The Lord hath reigned and put on comeliness Certainly you who desire the Marriage of a Catholick Virgin ought to espouse the heavenly Bride with whose beauty Solomon the wisest of Kings boasts himself to have been enamored For this is the Wisdom by which Kings reign whose Dowry is the splendor of Glory and an eternal Principality and your Ancestors sought her in the Sanctuary of the Roman Church severed from the contagion of the World and reposing in the Wisdom of God We who write to you this Exhortation and testifie our Papal Charity desire to have your name renowned in the Histories of all Ages and that you may be recorded amongst those Princes who deserving well on Earth of the Kingdom of Heaven are become the example of Vertue to posterity and the measure of wishes We beseech the Father of Lights that this blessed hope by which he promiseth us the return of so great a Prince by the conduct of the Holy Ghost may forthwith fructifie and bring Salvation to Great Britain and joy to all the Christian World Dated at Rome at St. Peters sub annulo Piscatoris die 15 Octob. 1623. in the First year of our Reign Notwithstanding this great business of State began to look with an ill aspect by the concurrence of various Passages tending to a Rupture of the Treaty In England the Spanish Ambassadors demands grew high and peremptory yet the King to give them content directed the Lord Keeper and other Commissioners to draw up a Pardon of all Offences past with a Dispensation for those to come to be granted to all Roman Catholicks obnoxious to any Laws against Recusants and then to issue forth two General Commands under the Great Seal of England The one to all Judges and Justices of Peace and the other to all Bishops Chancellors and Commissaries not to execute any Statute against them The General Pardon was passed in as full and ample manner as themselves could desire or pen it But to that vast Prohibition to the Judges and Bishops some stop was made by the Advice of the Lord Keeper for these Reasons First Because the publishing of this General Indulgence at one push might beget a General Discontent if not a Mutiny but the instilling thereof into the peoples knowledge by little and little by the favors done to particular Catholicks might indeed loosen the Tongues of a few particular persons who might hear of their Neighbors Pardon and having vented their dislikes would afterwards cool again and so his Majesty might with more conveniency by degrees inlarge his favors Secondly Because to forbid the Judges against their Oaths and the Justices of Peace who are likewise sworn to execute the Law of the Land is a thing unpresidented in this Kingdom and would be a harsh and bitter Pill to be digested without some preparative The two Ambassadors with much ado consented That the matter should rest till the end of Six Moneths or the Infanta's arival yet they did it with a shew of discontent as if the King performed nothing The disaffection of these Ministers was supposed to be one rub in the way of this Alliance And on the other side some of the Princes followers in Spain being zealous of the Protestant Religion disliked the Match and shewed their aversness to it Sir Edmund Verney struck an English man a Sorbon Doctor a blow under the Ear for visiting and laboring to pervert one of the Princes Pages who was sick of a mortal Feaver Divers derided the Popish Ceremonies and Spanish Garb and slighted the Country and some committed irreverent actions in the Kings own Chappel Hereupon they began to disgust the English and to rail at Gondomar for informing the King and State That the Prince might be made a Catholick Moreover those many Irish that subsisted by Pensions from the Crown of Spain did no good offices and the French and Venetian Ambassadors in that Court were conceived not to be idle But there were greater things then these The Duke of Buckingham the Princes Companion and Guardian was much disrelished by the Court of Spain His French garb the height of his spirit and his over-great familiarity with the Prince were things opposite to the way and temper of that grave sober and wary people And the Council of Spain took exceptions that he should come with such a superintendent power in that great
That Images may be used for the instruction of the Ignorant and excitation of Devotion V. That in the same Homily it is plainly expressed That the attributing the defence of certain Countries to Saints is a spoiling God of his honor and that such Saints are but Dii tutelares of the Gentiles Idolators The said Richard Montague hath notwithstanding in his said Book Entituled A Treatise concerning the Invocation of Saints affirmed and maintained That Saints have not onely a Memory but a more peculiar Charge of their Friends and that it may be admitted That some Saints have a peculiar Patronage Custody Protection and Power as Angels also have over certain Persons and Countries by special deputation and that it is no impiety so to believe Whereas in the seventeenth of the said Articles it is resolved That God hath certianly Decreed by his Counsel secret to us to deliver from Curse and Damnation those whom he hath chosen in Christ out of mankinde and to bring them by Christ to everlasting Salvation wherefore they which be endued with so excellent a benefit of God be called according to Gods purpose working in due season they through Grace obey the Calling they be justified freely walk Religiously in good works and at length by Gods mercy attain to everlasting felicity He the said Richard Montague in the said Book called The Appeal doth maintain and affirm That men justified may fall away and depart from the state which once they had they may arise Again and become new men possibly but not certainly nor necessarily and the better to countenance this his opinion he hath in the same Book wilfully added falsified and charged divers words of the sixteenth of the Articles before mentioned and divers other words both in the Book of Homilies and in the Book of Common-Prayer and so misrecited and changed the said places he doth alleadge in the said Book called The Appeal endeavouring thereby to lay a most wicked and malicious scandal upon the Church of England as if he did herein differ from the Reformed Churches of England and from the Reformed Churches beyond the Seas and did consent to those pernitious Errors which are commonly called Arminianism and which the late famous Queen Elizabeth and King Iames of happy memory did so piously and diligently labour to suppress That the said Richard Montague contrary to his Duty and Allegiance hath endeavored to raise great Factions and Divisions in this Common-wealth by casting the odious and scandalous name of Puritans upon such his Majesties loving Subjects as conform themselves to the Doctrine and Ceremony of the Church of England under that name laying upon them divers false and malicious Imputations so to bring them into jealousie and displeasure with his most Excellent Majesty and into reproach and ignominy with the rest of the people to the great danger of Sedition and Disturbance in the State if it be not timely prevented That the Scope and end of the said Richard Montague in the Books before mentioned is to give encouragement to Popery and to withdraw his Majesties Subjects from the true Religion established to the Roman Superstition and consequently to be reconciled to the Sea of Rome All which he laboreth by subtile and cunning ways whereby Gods True Religion hath been much scandalized those Mischiefs introduced which the wisdom of many Laws hath endeavored to prevent the Devices and Practices of his Majesties Enemies have been furthered and advanced to the great peril and hazard of our Soveraign Lord the King and of all his Dominions and loving Subjects That the said Richard Montague hath inserted into the said Book called The Appeal divers passages dishonorable to the late King his Majesties Father of famous memory full of bitterness railing and injurious Speeches to other persons disgracefull and contemptible to many worthy Divines both of this Kingdom and of other Reformed Churches beyond the Seas impious and profane in scoffing at preaching meditating and conferring Pulpits Lectures Bible and all shew of Religion all which do aggravate his former Offences having proceeded from malicious and envenomed heat against the Peace of the Church and the sincerity of the Reformed Religion publickly professed and by Law established in this Kingdom All which Offences being to the dishonor of God and of most mischievous effect and consequence against the good of this Church and Commonwealth of England and of other his Majesties Realms and Dominions The Commons assembled in Parliament do hereby pray That the said Richard Montague may be punished according to his Demerits in such exemplary manner as may deter others from attempting so presumptuously to disturb the Peace of Church and State and that the Book aforesaid may be suppressed and Burnt Whether an Answer was made to these Articles by Mr Montague we cannot tell for upon search we can finde none About the same time his Majesty being informed that there was great liberty taken by divers of his Subjects to resort to the hearing of Masse at Durham-house in the Lodgings of a Foraign Ambassodor the Privy Council taking notice thereof and accounting it scandalous to this Church and of ill example to be suffered at any time but much more in this time of Parliament required the Bishop of Durham to apprehend such of his Majesties Subjects as should be present at the Masse and to commit them to Prison There was also a Letter sent from the Attorney-General to the Judges of the Circuits to direct their Proceedings against Recusants to this effect THat their Lordships will not omit to publish the Kings Gracious and Religious Determination to go on really and constantly in this way and that out of his bounty and goodness he hath published his Resolution under the Great Seal of England That whatsoever Revenue or Benefit shall arise hereby from Purses of Popish Recusants shall be set apart from his own Treasure and be wholly imployed for the Service of the Commonwealth and shall not be dispensed with to any of what degree soever nor diverted by any the Suits of his Servants or Subjects 2. That their Lordships will be pleased at their first coming into every County within their Circuit to command the Clerk of Assise and Clerk of the Peace to be carefull for the Indictment of Popish Recusants without respect of Persons of what Degree of Honor or Office soever and that they neither make nor suffer to be made any omission or mistaking in their Indictment or other proceedings and that the next Term within ten dayes of the beginning of the Term they give or send to him viz. the Attorney a note in writing who stand indicted of new and that they fail not to certifie the Recusants convicted into the Exchequer by that time That at their Lordships first coming into the County they call the Iustices of Peace then present and the Grand-Iury men to give their Lordships true Information of the Recusants of any Note or Name in that Country and that
they Ordered That all such Duties and Merchandizes shall be levied and paid And they advised the King That the Attorney General prepare for his Majesties Signature an Instrument which may pass under the Great Seal of England to declare his pleasure therein until by Parliament as in former times it may receive an absolute settlement Which passed the Great Seal accordingly The Forfeitures arising to the Crown by the execution of the Laws against Priests Jesuites and Popish Recusants were dedicated to the vast and growing charge of the Designs in hand And Complaint being made against Inferior Officers whose service was herein employed that they had misdemeaned themselves to the oppressing of Recusants without advantage to the King Commissioners of honorable Quality were appointed for the regulating of these proceedings yet no Liberty given to the encouragement or countenance of such dangerous persons as might infect the People or trouble the Peace of Church and State The King therefore Grants a Commission under the Great Seal directed to the most Reverend Father in God Toby Archbishop of York Sir Iohn Savile Knight Sir George Manners Sir Henry Slingsby Sir William Ellis Knights and to divers other Knights and Gentlemen and therein recites THat his Majesty hath received credible Information of the great loss and damages which the Kings Subjects living in Maritime Towns especially in the Northern parts do suffer by depredations attempts and assaults at Sea from Foreign Enemies whereby Trade from those parts are interrupted and the City of London much endamaged for want of Coals and other Commodities usually transported thither from Newcastle upon Tine For redress of which evil his Majesty doth think fit to appropriate and convert all such Debts sums of Money Rents Penalties and Forfeitures of all Recusants inhabiting in the Counties of York Durham Northumberland Cumberland Westmorland Lancaster Nottingham Derby Stafford and Chester which at any time have grown due since the Tenth year of King James and are not yet satisfied or which hereafter shall grow due by reason of any Law or Statute against Recusants to be employed for the maintenance provision arming manning victualling and furnishing of Six able Ships of War for guarding and defending the Coast of this Realm from the furthest North-East point of the Sea unto the mouth of the River of Thames his Majesty further expressing in the said Commission That his Subjects who are owners of Coalâ—Pits the Oast-men of Newcastle upon Tine Owners of Ships and Merchants Buyers and Sellers of Newcastle Coals have béen and are willing to contribute and pay for every Chaldron for the uses aforesaid Wherefore his Majesty upon the considerations before-mentioned doth by his said Commission give power unto the said Commissioners or any four or more of them to treat and make Composition and Agréement with the said Recusants inhabiting within the said Counties for Leases of all their Manors Lands Tenements c. within those Counties for any term of years not excéeding One and forty years and for all Forfeitures due since the Tenth year of King James for their Recusancy in not going to Church to hear Divine Service according to the Laws and Statutes of this Realm under such Condition and Immunities as they or any four of them shall sée méet and convenient according to such Instructions as his Majesty hath or shall give for that purpose his Majesty rather desiring their Conversion then Destruction And such Leases his Majesty doth declare made to the said Recusants themselves or to any persons for their use shall be good and effectual any Law or Statute to the contrary notwithstanding And by the said Commission Sir Iohn Savile was appointed Receiver of all such sums of Money as shall be paid upon these Leases and Mr. Alexander Davison of the Town of Newcastle upon Tine Merchant Adventurer was appointed to receive out of the voluntary and free-wil Contribution of the Owners Buyers and Sellers of Coals the Six pence per Chaldron of Coals In pursuance of this Commission the Recusants did make their Composition upon very easie terms as was afterwards complained of in Parliament A Proclamation was published declaring the Kings Resolution to make his Revenue certain by granting his Lands as well holden by Copy as otherwise to be holden in Fee-farm To the Nobles the King sent particularly to let them know That according to the Presidents of former times wherein the Kings and Queens of England upon such extraordinary occasions have had recourse to those Contributions which arose from the Subjects in general or to the private helps of some that were well affected he doth now expect from them such a large and chearful testimony of their Loyalty as may be acceptable to himself and exemplary to his people His Majesty demanded of the City of London the Loan of an Hundred thousand pounds But the peoples excuses were represented to the Council Table by the Magistrates of the City Immediately the Council sent a very strict command to the Lord Major and Aldermen wherein they set forth the Enemies strong preparations as ready for an Invasion and the Kings great necessities together with his gratious and moderate Proposals in the sum required and the frivolous pretences upon which they excuse themselves Wherefore they require them all excuses being set apart to enter into the business again and to manage the same as appertaineth to Magistrates so highly intrusted and in a time of such necessities and to return to his Majesty a direct and speedy Answer that he may know how far he may relie upon their Faith and Duty or in default thereof may frame his Counsels as appertaineth to a King in such extream and important occasions Moreover a peculiar charge was laid upon the several Ports and Maritime Counties to furnish and set out Ships for the present service The Privy Council expressing his Majesties care and providence to guard his own Coasts against attempts from Spain or Flanders by arming as well the Ships of his Subjects as of his own Navy made a distribution to every Port that with the Assistance and Contribution of the Counties adjoyning they prepare so many Ships as were appointed to them severally and in particular the City of London was appointed to set forth Twenty of the best Ships that lay in the River with all manner of Tackle Sea-stores and Ammunition Manned and Victualled for Three Moneths The Deputy Lieutenants and Justices of the Peace of Dorset having received the Kings Commandment for the setting forth of Ships from the Ports of Pool Weymonth and Lime with the assistance of Contribution from the Counties adjoyning presented to the Council Table an excuse in the behalf both of the Ports and County and pleaded That the Case was without President The Council gave them a check for that instead of Conformity they disputed the Case letting them know That State occasions and the defence of the Kingdom in times of extraordinary danger were not
transporting of any such as are here mentioned And his Majesty will take it for good Service if any will give knowledge of any such as have connived or combined or shall connive or combine as is mentioned in this Article that Justice may be strictly done upon them THat considering those dreadful dangers never to be forgotten which did involve your Majesties sacred Person and the whole representative body of your Maiesties Kingdom plotted and framed by the free and common access of Popish Recusants to the City of London and to your Majesties Court Your Majesty would be gratiously pleased to give speedy command for the present putting in practise those Laws that prohibit all Popish Recusants to come to the Court or within ten Miles of the City of London as also those Laws that confine them to the distance of five miles from their dwelling Houses and that such by-past Licenses not warranted by Law as have been granted unto them for their repair to the City of London may be discharged and annulled His Majesties Answer to the third Article TO the third His Majesty will take Order to restrain the recourse of Recusants to the Court and also for the other points in this Article his Majesty is well pleased that the Laws be duely executed and that all unlawful Licenses be annulled and discharged THat whereas it is more then probably conceived that infinite sums of moneys have within these two or three years last past been extracted out of the Recusants within the Kingdom by colour of composition and a small proportion of the same returned unto your Majesties coffers not onely to the suddain enriching of private persons but to the emboldning of Romish Recusants to entertain Massing Priests into their private Houses and to exercise all their Mimique Rites of their gross superstition without fear of control amounting as by their dayly practice and ostentation we may conceive to the nature of a concealed Toleration your Majesty would be gratiously pleased to entertain this particular more neerly into your Princely wisedom and consideration and to dissolve this Mystery of Iniquity patched up of colourable Leases Contracts and Preconveyances being but Masks on the one part of fraud to deceive your Majesty and States on the other part for private men to accomplish their corrupt ends His Majesties Answer to the fourth Article TO the fourth Article his Majesty is most willing to punish for the time past and prevent for the future any of the deceits and abuses mentioned in this Article and will account it a good service in any that will inform Himself his Privy Councel Officers of his Revenues Judges or learned Councel of any thing that may reveal this mystery of Iniquity And his Majesty doth strictly command every of them to whom such information shall be brought that they suffer not the same to die but do their uttermost endeavour to effect a clear discovery and bring the Offenders to punishment And to the intent no concealed toleration may be effected his Majesty leaves the Laws to their course THat as the Persons of Ambassadors from forain Princes and their Houses be free for the exercises of their own Religion so their Houses may not be made free Chappels and Sanctuaries unto your Majesties Subjects popishly affected to hear Mass and to participate in all other Rites and Ceremonies of that Superstition to the great offence of Almighty God and scandal of your Majesties People loyally and religiously affected That either the concourse of Recusants to such places may be restrained or at least such a vigilant watch set upon them at their return from those places as they may be apprehended and severely proceeded withal Ut qui palam in luce peccant in luce puniantur His Majesties Answer to the fifth Article TO the fifth his Majesty is well pleased to prohibit and restrain their coming and resort to the Houses of Ambassadors and will command a vigilant watch to be set for their taking and punishing as is desired THat no place of Authority and Command within any the Counties of this your Majesties Kingdom or any Ships of your Majesties or which shall be imployed in your Majesties Service be committed to Popish Recusants or to Non-communicants by the space of a year past or to any such persons as according to direction of former Acts of State are justly to be suspected as the place and Authority of Lords Lieutenants Deputy Lieutenants Iustices of Peace or Captains or other Officers or Ministers mentioned in the Statute made in the third year of the reign of your Father of blessed memory And that such as by Connivence have crept into such places may by your Majesties Royal Command be discharged of the same His Majesties Answer to the sixth Article TO the sixth his Majesty is perswaded that this Article is already observed with good care nevertheless for the avoiding as much as may be all errors and escapes in that kinde his Majesty will give charge to the Lord Keeper that at the next Term he call unto him all the Judges and take Information from them of the state of their several Circuits if any such as are mentioned in this Article be in the Commission of the peace that due reformation may be made thereof And will likewise give order to the Lord Admiral and such others to whom it shall appertain to make diligent enquiry and certificate to his Majesty if any such be in place of Authority and Command in his Ships or Service THat all your Majesties Iudges Iustices and ministers of Iustice unto whose care and trust execution which is the life of your Majesties Laws is committed may by your Majesties Proclamation not onely be commanded to put in speedy execution those Laws which stand in force against Iesuits Seminary Priests and Popish Recusants but that your Majesty would be further pleased to command the said Iudges and Iustices of Assize to give a true and strict account of their proceedings at their returns out of their Circuits unto the Lord Keeper and by the Lord Keeper to be presented unto your Majesty His Majesties Answer unto the seventh Article To the seventh his Majesty doth fully grant it ANd for a fair and clear eradication of all Popery for the future and for the breeding and nursing up of a holy generation and a peculiar People sanctified unto the true worship of Almighty God that until a provisional Law may be made for the training and educating of the Children of Popish Recusants in the grounds and principles of our holy Religion which we conceive will be of more power and force to unite your people unto you in fastness of love Religion and loyal obedience then all pecuniary Mulcts and Penalties that can possibly be devised Your Majesty would be pleased to take it into your own princely care and consideration these our humble Petitions proceeding from hearts and affections loyally and religiously devoted to God and
that this Colledge was first at Edmonton removed from thence to Camberwel and thence to Clerkenwell Hereupon it was Ordered that all the Knights and Burgesses of the House shall to morrow morning declare what knowledge they have of Letters and other means that have been used for the staying of proceedings against Recusants and Messengers were sent to Mr. Attourney to examine him touching that matter Mr. Long a Justice of Peace who was said to understand much in the same business was likewise sent for and examined and said that by the appointment of Mr. Secretary Cook he apprehended these persons and took their Examinations and said further that he heard they were delivered out of Newgate by Order from Mr. Attourney That Mr. Middlemore a general Solicitor for the Papists hired this house and that there are divers Books of Accompts of Receipts and Disbursements to the value of 300. l. per an with divers Recusants names who allowed towards the maintenance of this Colledge and these Books and papers are in the hands of Mr. Secretary Cook It was further reported from the Committee that the Priest taken at Clerkenwell which was condemned should be Reprieved by a Warrant from the King signified by a Privy Councellor and another Warrant was produced by the Keeper of Newgate under the hand of the Kings Atturney General to release the other 9. Priests to which Mr. Secretary Cook replyed the K. being merciful in case of blood gave direction for the Reprieving the condemned Priest but the House not willing to let this pass appointed certain of their Members to go to the Lord chief Justice and the rest of the Judges who were there present at the Trial to know why the Papers and Evidences which Mr. Long had to produce were not made use of The Committee appointed to examine the Atturny-General reported this answer I did receive said the Atturny order touching some Persons taken in Clarkenwel conceived to be Priests from the Council-Board and for that refer myself to the Order And I conceive I did follow the directions of that Order I did my self cause them to be sent for from the several prisons where they were formerly committed and I committed them all to Newgate as the Order from the Council-Board directed and I gave directions for Indictments to be drawn against them as for being Priests and I sent for and conferred with the witnesses and took their Informations and I sent for Mr. Long who was formerly acquainted with that business as I was advised to do by Mr. Secretary Cook and desired him to take special care thereof at the Sessions And I did not conceive that by the Order I was directed to go thither my self but if I had been so directed and had so conceived it I should not have declined the service I know not nor never heard of any Lands conveyed to the use of these persons or of any foundation there but there was some mention made thereof in some of the papers delivered to me by Mr. Secretary but so generally as I know not how to enquire thereof but I did take care to intitle the King to the goods as the special directions to me was by the Order of the Board and the Indictment failed to be found against all but one and I gave warrant to the Treasurers remembrancer of the Exchequer for a special commission to that purpose and I advised with Mr. Long who were sit Commissioners for that purpose and after with Mr. Scrivener and a Commission was granted to Gentlemen of very good quality and an inquisition is found and returned accordingly whereby the King is intitled to the goods I had warrant from his Majesty to bayl them but for the manner of that I must crave leave to acquaint the King therewith before I answer any further I understood that an Indictment was preferred against three of them for Treason and I did direct Mr. Long that if the Indictment should not be â—ound for Treason yet to tender them and all the rest the Oath of Allegeance to bring them within the Kings mercy upon a Premunire if they should refuse the Oath and I understood the Oath was ministred to them accordingly at that Sessions and I understood after that the Indictment was found against one of them onely to be a Priest and that the other were quit Therefore receiving an express commandment from the King for the bayling of them I did conceive they were baylable which otherwise of my self I would not have done the Bonds I took and keep them my self for the surety I refer my self to the bond and understand that some of them were house-keepers in the Town I gave directions for Indictments to be drawn against them but I gave no special directions whether it should be drawn as against Iesuits or Priests but left that to the care of Mr. Long and did not then conceive there was any difference in the substance of the Indictment for Treason between Priests and Iesuits I can give no special reason why I rather bound them to appear at the Council-Table then at the Sessions but only this because I received my first directions from the Council-Board When the Sessions was past I did enquire of Mr. Long what was the success of these Indictments who informed me that one only was found guilty of being a Priest and thereupon I gave order for the Commission before mentioned to enquire of their goods And being again sent unto for a clearer answer he said For he Warrant which I received for the discharge of the prisoners and the Bond taken by me upon their deliverance which has a dependance upon that Warrant and whereof ye require an account I have attended his Majesty but ye have no leave to shew them and the Bonds being taken but in December last I keep them with me as I conceive was proper for my place but shall be ready to deliver them when I shall receive a commandment to that purpose Wednesday the eighteenth of February the Fast was kept and the nineteenth of February Mr. Dawes one of the Customers being called in to answer the point of Priviledge in taking Mr. Rolls Goods a Member of this House said That he took Mr. Rolls Goods by vertue of a Commission under the great Seal and other Warrants That he knew Mr. Rolls demanded his Priviledge but he did understand his Priviledge did onely extend to his person not to his goods And he further said He took those Goods for such duties as were due in the time of King James and that the King had sent for him on Sunday last and commanded him to make no other answer Mr. Carmarthen another of the Customers being called in said That he knew Mr. Rolls to be a Parliament-man and told him He did not finde any Parliament-man exempted in their Commission and as for the words charged on him that he should say If all the body of the House were in him he