6

the quality and quantity of that deed which misdeeds, either to rule about a prince, or to every one of you hath done. And that you be had in honour, or suffered to go unpunished. 'sir William de Farndon, because that you Upon this the commous rising up in divers 'have received of the said enemies divers sums places of the realm in companies under captain of gold, and have given them horses to their Blewbeard, the commons in parliament eargreat refreshment, for which you had no li-nestly beseeched the king, that such a person 'cense of the king, nor of his lieutenant, shall be in the mercy of the king, body and goods, 'to do with them what he pleaseth.'

as assented to the release of Angeou, and deliverance of France, &c. might be extremely punished and tormented; and to be privy to this fact, they accused as principal the said The Duke of Suffolk's Case, 28 Hen. 6. duke of Suffolk, with John bishop of Salisbury, In the Parliament of 28 Hen. 6. Rot. 50, 51, sir James Fines, lord Say, and others. Where52, the Commons preferred divers Articles of upon, the king plainly seeing, that neither High-Treason to the King and Lords against the glossing would save, nor dissimulation appease duke of Suffolk; among others these ensuing : the continual clamour of the importunate comThat be being Ambassador for the king of Eng- mons against the queen's darling and his comland to Charles, calling himself French king, plices; to begin a short pacification of so long promised to Reynor king of Sicily, and to a broil, first, he sequestered the lord Say, beCharles Dangers his brother, enemics to the ing treasurer of England, from his office (who king, the release of Angeou, with the deliver- for the same offence was after committed to ance of the county of Main, and the city of the Tower, and after that beheaded by Jack Mault or Mauns; which promise, after his re- Cade, and the Kentish mutineers, at the standturn, he caused to be performed, to the king's ard in Cheapside, who carried his head about disinheritance and loss irrecoverable, and to the streets of London fixed on a pole, &c.): the strengthening of his enemies, and feeblish- and then by his own authority, assembling all ment of the duchy of Normandy. To the his lords spiritual and temporal together, on the which Article he answered, That his commnis- 17th day of March, in a chamber, over the sion was, to conclude and do all things accord- Cloysters at Westminster, he arraigned and ing to his discretion, for the obtaining of a banished the said duke for five years, against peace; a because, without delivery of those the lords and commons consent, who would countries, he perceived the truce could not be have capically proceeded against him; meanobtained, he agreed to the release and deli-g by this exile to appease the present fuverance of them.

Item, The said duke, within this your realm, hath untruly counselled you to grant fro you, without due consideration, the castle of Mawlyon de Sool, and full many divers other great lord-hips, seignouries, places, offices, profits, revenues, casualties, and commodities within your said duchy of Guyen, whereby your power there to support your wars and arms, and to pay the wages of your great counsellors, captains and soldiers, hath been so enf ebled, that your people of the same duchy, neither your land there, might in no wise be defended.

Item, The said duke of Suffolk, without deliberation and advice of your council, bath caused your highness to grant to divers persons, many captains, offices, towns, lordships, places, interests, profits and revenues within your realm of France, and duchy of Normandy, to such persons as were not to you profitable, nor able, nor convenient to have or govern any of the premises, nor ever had deserved to obtain of your grace any such grant; which hath been done by him for his great avail and lucre, and hath been one of the greatest means of the loss of the said realm of France, and duchy of Normandy.

The duke upon these Articles was committed to the Tower for one month's space, to pacify the people, and then released by the queen's means, who entirely loved him; whereupon the Commons were so far from being pacified, that they were more enraged; openly deBouncing, that it was a shame to all the whole realm to see such a person, guilty of so many

rious rage of the people, and that pacified,
to reca! Lim to his old estate, as the queen's
chief friend and counsellor. But fortune would
not that he should so escape; for when he
was shipped in Suffolk, intending to be trans-
ported into France, he was encountered by
a ship of war appertaining to the duke of Exe-
ter, of which the constable of the Tower of
London was captain; who entering the duke's
ship, with small fight brought him to Dover
road, and there on the side of a cock-boat cut-
off his head as a traitor, and there left his body
and head upon the sands. Such was the end
of these two ill counsellors, only for advising
this weak king himself thus dishonourably and
cowardly to surrender up these towns, forts,
and territories in France, to his enemies, to
purchase an unhappy peace, to the king's and
kingdom's irreparable great damage, dishonour,
and weakening, and the enemy's extraordinary
advantage, strengthening and encouragement.

The Lord Wentworth's Case, 1 Eliz.
The lord Wentworth, governor of Calais, de-
livering up that town to the French, (after they
had taken the castle by force, made a breach
in the town-walls, and slain above fourscore of
the garrison at one assault when they took the
castle, together with sir Anthony Ager, marshal
of the town, and his son and heir) and that
upon dishonourable terms, not without some
suspicion of treachery; he was thereupon in-
diced in queen Mary's days for his cowardly
and treacherous surrender of this town, con-
trary to his trust; and after that was arraigned

at Westminster in the first year of queen Eli-saults: and although there appeared no treazabeth, the marquis of Northampton being his judge, and lord chief steward of England for that day. But that nobleman so nobly defended himself, that he was acquitted by his

chery at all, nor any intelligence held with the enemy, in this case; and that the governor 'condescended to a treaty, and surrendered the town to the enemy only upon the citizens importunity, who earnestly intreated him upon their knees with tears in their eyes to embrace a parley, for the saving of their lives, estates, and liberties, which were granted them upon the Articles of Agreement; and although the garrison-soldiers likewise marched away with their arms (which they left be

Van Hemert's Case, 29 Eliz. Meteranus, Grimstone,† Thuanus, and others' relate, A. D. 1587: That Van Hemert, a very wise and brave young nobleman, one of the 'chief houses of the Netherlands, and governor of the town of Grave, together with two ofhind them at Bristol), and had all the articles ‹ his captains, Du Banck and Corfe, were imprisoned, condemned by a council of war, and then beheaded and executed at Bommel, by command of Robert Dudley earl of Lei'cester, (governor of the Low Countries under ( queen Elizabeth of famous memory) for that they surrendered the said town of Grave to the prince of Parma, when he had besieged it above three months space, with a puissant army, and beaten down the walls of it level to the ground, with perpetual batteries and as

punctually fulfilled; and although himself and 'his potent friends earnestly besought the earl ' of Leicester, that he might serve the queen of England either by sea or land at his own charges, and by his valour and fidelity make recompence of his fault committed only through want of understanding and martial policy, contrary to the will and intent of the earl, then governor-general under the queen; yet the earl, for upholding martial discipline, and to prevent all future surrenders of this kind, would on no wise dispense with the exe* Belgica Hist. Universalis, 1. 13, p. 402,cution; whereupon they were all three openly 403, 404. 'beheaded at Bommel, June 28, 1587.'

"

† Pag. 827, 828.

171. The Trial of Dr. WILLIAM LAUD,* Archbishop of Canterbury, for High Treason: 16-20 CHARLES I. A. D. 1640-1644. [Written by Himself during his Imprisonment in the Tower. History of the Trial and Troubles of Archbishop Laud, published by Henry Wharton, 1695.]

[ON the 16th of December 1640, upon the Condemnation of the New Canons in the House of Commons, as being against the King's Prerogative, the fundamental Laws of the realm, the Liberty and Property of the Subject; and containing divers things tending to Sedition, and of dangerous consequence; Dr. William Laud, Archbishop of Canterbury, was there accused to be the Author of, and chief Actor in them, and was ordered to be impeached of High-Treason; where upon a special Committee was appointed to enquire into all his actions, and prepare a Charge against him, which is thus entered in the Journal of the House of Commons:

"December 16, 1640. This Committee is to prepare the several Votes concerning the

New Canons, and to make them ready for this House to present the same to the Lords, and to consider and examine who were the promoters of these New Canons, and who the principal actors, and what execution hath been made upon them, and by whom; and to consider how far the Lord Archbishop of Canterbury hath been an actor in all the proceedings of them; and further, to examine how far he hath been an actor in the great design of the Subversion of the Laws of the realm, and of the Religion, and to prepare and draw up a Charge against him, and such others as shall appear offenders in these particulars, and have power to send for parties, witnesses, papers, books, records, and to do any other act, which they in the business, and are to meet at 4 a-clock this their judgments should think fit to conduce to

afternoon in the Star-Chamber."

* See Clarendon Hist. vol. 1. p. 69, 118, 111, On the 18th of December, the Archbishop vol. 2, p. 440, &c. In order to make this Trial was impeached in the house of Commons of the more complete, what was wanting is sup-High-Treason, and voted by the whole House plied out of Rushworth's Collections, vol. 5, p. to be a Traitor, thus entered in their Journal : 763, &c. and Prynn's Complete History of this "December 18, 1640. Resolved upon the Trial. The Additions are inserted in their pro-question, That a Message shall be sent from this per places; but to preserve the Archbishop's own Account entire, they are distinguished by being within brackets. See also 2 Cobb. Parl. Hist. p. 680, and Sommers' Tracts, 2 Coll. lon, 27.

House to the Lords, to accuse William Laud, archbishop of Canterbury, of High-1 reason, in the name of this House, and of all the Commons of England, and to desire that he may be sequestered from parliament, and committed;

and that within some convenient time, this House will resort to their lordships with particular Accusations and Articles against him; and that Mr. Hollis go up with the same."

Upon this Accusation, divers remarkable Speeches were made against him in the House of Commons; among others one by

Mr. Harbottle Grimstone, as follows: "Mr. Speaker, there hath been presented to the house a most faithful and exact Report of the Conference we had with the lords yesterday, together with the opinion of the Committees that we employed in the service, That they conceived it fit that the archbishop of Canterbury should be sequestered; and I must second the motion. And with the favour of this house I shall be bold to offer my reasons, why I conceive it more necessary we should proceed a little further than the desire of a bare sequestration only.

"Mr. Speaker, Long introductions are not suitable to weighty businesses; We are now fallen upon the great man, the Archbishop of Canterbury; Look upon him as he is in Highness, and he is the sty of all pestilential filth, that hath infested the state and government of this Commonwealth; Look upon him in his Dependencies, and he is the only man, the only man that hath raised and advanced all those that, together with himself, have been the authors and causers of all our ruins, miseries, and calamities we now groan under. Who is it but he only that hath brought the earl of Strafford to all his great places and imployments? A fit spirit and instrument to act and execute all his wicked and bloody designs in these kingdoms. Who is it but he only that brought in secretary Windebank into this place of service, of trust, the very broker and pandar to the whore of Babylon?

tices. We all know he was the compounder and contractor with them for the licences, putting them to pay Fines and a Fee-farm Rent to use their trade. Certainly, he might have spent his time much better, and more for his grace in the pulpit, than thus sherking and raking in the Tobacco-shops. Mr. Speaker, we know what he hath been charged withal in this House, crimes of a dangerous consequence, and of a transcendent nature, no less than the Subversion of the Government of this kingdom, and the alteration of the Protestant Religion; and this is not upon a bare information only, but much of it is come before us already upon clear and manifest Proofs; And there is scarce any Grievance or Complaint come before us in this place, wherein we do not find him interimentioned, and, as it were, twisted into it; like a busy angry wasp, his sting is in the tail of every thing. We have this day likewise heard the Report of the Conference yesterday, and it, is the Accusation which the Scotch Commissioners have charged him withal; and we do all know he is guilty of the same, if not more, here in this kingdom.

"Mr. Speaker, He hath been the great and common enemy of all goodness and good men; and it is not safe that such a viper should be near his majesty's person, to distil his poison into his sacred ears; nor is it safe for the commonwealth that he sit in so eminent a place of government, being thus accused. We know what he did in the earl of Strafford's case; This man is the corrupt fountain, that hath corrupted all the streams; and till the fountain be purged, we can never expect nor hope to have clear channels. I shall be therefore bold to offer my opinion; and if I err, it is the error of my judgment, and not my want of zeal and affection to the public good: I conceive it is most necessary and fit that we should now take up a Resolution to do somewhat, to strike while the iron is hot, and to go up to the Lords in the names of the Commons of this House, and in the names of the Commons of England, and to accuse him of High-Treason; and to desire their lordships, his person may be sequestered, and that in convenient time we may bring up his Charge."]

December 18, 1610, being Friday. Upon this day, Mr. Denzil Hollis, second son to John earl of Clare, by order from the house of commons, came up to the Lords, and accused me of High-Treason; and told the Lords, they would make proof thereof in convenient time: but desired in the mean time, that I might be com

"Who is it, Mr. Speaker, but he only that bath advanced all our Popish Bishops? I shall name but some of them, bishop Manwaring, the bishop of Bath and Wells, the bishop of Oxford, and bishop Wren, the least of all these birds, but one of the most unclean ones. These are the men that should have fed Christ's Flock; but they are the wolves that have devoured them; The sheep should have fed upon the mountains; but the mountains have eaten up the sheep. It was the happiness of our Church, when the zeal of God's house eat up the Bishops, glorious and brave Martyrs, that went to the Stake in defence of the Protestant religion; but the zeal of our Bishops have been only to persecute and eat up the Church. "Who is it, Mr. Speaker, but this great Arch-initted to safe custody. This was strange news bishop of Canterbury, that hath sat at the helm, to steer and manage all the Projects that have been set ou foot in this kingdom this 10 years last past? And rather than he would stand out, he hath most unworthily trucked and chaffered in the meanest of them. As, for instance, that of Tobacco, whereby thousands of poor people have been stripped and turned out of their trades, for which they have served as appren

to my innocency; for this I can say of myself, without falshood or vanity, that to the uttermost of my understanding I served the king, my gracious master, with all duty and faithfulness; and without any known or wilful disservice to the state there-while. And this I did, with as true and free a heart as ever any man did that served a king. And, I thank God, my care was such for the public, that it is well.

cendiary against the peace of the state; be will be found to be the highest, the boldest, and most impudent oppressor that ever was, an oppressor both of king and people.

for places of judicature should sell it in gross, whereas the Archbishop sold it by retail.

5. In the fifth Article there appears a power usurped of making Canons, of laying obligations on the subjects in the nature of law; And this power abused to the making of such Canons as are in the matter of them very pernicious, being directly contrary to the Prero

This Charge, my lords, is distributed and conveyed into 14 several Articles, as you have beard; and those Articles are only general, it being the intention of the House of Commons (which they have commanded me to declare) togative of the Ling, and the Liberty of the peomake them more certain and particular by preparatory Examinations, to be taken with the help of your lordships house, as in the Case of my lord of Strafford. I shall now run through them with a light touch, only marking in every of them some special point of venom, virulency and malignity.

1. The rst Article, my lords, doth contain his endeavour to introduce into this kingdom an arbitrary power of Government, without any limitations or rules of law. This, (my lords) is against the safety of the king's person, the honour of his crown, and most destructive to his people. Those causes which are most perfect have not only a power to produce effects, but to conserve and cherish them. The seminary virtue and the nutritive virtue in vegetables do proceed from the same principles. It was the defect of justice, and for the restraining of oppression and violence, that first brought Government into the world, and set up kings, the most excellent way of government; and by the maintenance of justice all kinds of government receive a sure foundation and esablishment. It is this that hath in it an ability to preserve and secure the royal power of kings, yea to

adorn and increase it.

2. In the second Article, your lordships may observe absolute and unlimited Power defended by Preaching, by Sermons, and other Discourses printed and published upon that subject. And truly (my lords) it seems to be a prodigious crime, that the Truth of God and his Holy Law should be perverted to defend the lawlessness of men; that the holy and sacred function of the Ministry, which was ordained for instruction of mens souls in the ways of God, should be so abused, that the ministers are become the Trumpets of Sedition, the promoters and defenders of violence and oppression.

3. In the third Article, my lords, you have the Judges, who under his majesty are the dispensers and distributers of Justice, frequently corrupted by fear and solicitation: you have the course of justice, in the execution of it, shamefully obstructed. And, if a wilful act of injustice in a judge be so high a crime, in the estimate of the law, as to deserve death; under what burden of guilt doth this man lie, who hath been the cause of great numbers of such voluntary and wilful acts of injustice?

4. In the fourth Article he will be found in his own person to have sold Justice in causes depending before him; and by his wicked counsel endeavouring to make his majesty a merchant of the same commodity only with this difference, that the king by taking money

VOL. IV.

:

ple. In the manner of pressing them, may be, found fraud and shufling; in the conclusion, violence and constraint, men being forced by terror and threatening to subscribe to all. Which power thus wickedly gotten, they labour to establish by perjury, enjoining such an Oath for the maintenance of it, as can neither be taken nor kept with a good conscience.

6. In the sixth Article you have the king robbed of his supremacy; you have a Papal Power exercised over his majesty's subjects in their consciences, and in their persons; you have Ecclesiastical Jurisdiction claimed by an incident right, which the law declares to proceed from the crown.-Aud herein your Lordships may observe, That those who labour in Civil matters to set up the king above the Laws of the kingdom, do yet in Ecclesiastical matters endeavour to set up themselves above the king. This was first procured by the Archbishop to be extra-judicially declared by the Judges, and then to be published in a Proclamation: in doing whereof, he hath made the king's throne but a footstool for his own and their pride.

7. You have, my lords, in the seventh Article, Religion undermined and subverted: you have Popery cherished and defended; you have this seconded with power and violence, by severe Punishment upon those which have opposed this mischievous intention: And by the subtle and eager prosecution of these men, hath the Power of Ecclesiastical Commissioners, of the Star-Chrumber and CouncilTable, been often made subservient to his wicked designs.

8. My lords, you may observe in the eighth Article, great care taken to get into his own hand the Power of nominating to Ecclesiastical Livings and Promotions: You have as much mischievous, as much wicked care taken in the disposing of these Preferments, to the hindrance and corruption of religion. And by this means, my lords, the king's sacred majesty, instead of Sermons fit for spiritual instructors, bath often bad invectives against his people, encouragement to injustice, or to the overthrow of the laws. Such chaplains have been brought into his service as have, as much as may be, laboured to corrupt his own houshold, and been eminent examples of corruption to others; which hath so far prevailed, as that it hath exceedingly tainted the Universities, and been generally dispersed to all the chief cities, the greatest towns and auditories of the kingdom. The grievous effects whereof are most manifest to the Commons House, there being divers bundred Complaints there depending in the house

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