Historical Collections: 1639, October-December

At Whitehall, Octob. 20. 1639.

Monies given to exempt Men from serving the King in this Expedition complained of.

This day a Letter of the fourth instant, from the Deputy-Lieutenants of the County of Devon, was read at the Board, together with a Paper inclosed, containing the Names of some Persons found to be Delinquents, for exacting Monies to exempt many of the trained Men from serving of his Majesty in the late Expedition. Degory Doole of North Petherwin faith, he gave nine Pounds and eighteen Shillings to Mr. George Yeo, the Captain's Brother, to be given to Sir Lewis Poland's second Son, to exempt him from his Majesty's Service; but he believes the Deputy Lieutenant knew nothing of it. Thomas Jeffrey of Mankorkhampton faith, he gave six Pounds to Mr. Hugh Pollard, Lieutenant, to have his Supply to be taken, and paid his Supply besides. John Tellerd of Marlborough, as did appear by examination, is guilty of Exaction of both the Sums, viz. eight Pounds and ten Shillings of Edward Stretch, and Fifteen Pounds of John Avent, both of the Parish of South-milton. Their Lordships upon consideration had thereof, did think sit and order, That his Majesty's Attorney General should be prayed and required to exhibit an Information in the Star-Chamber against the said Delinquents.

Writs to be issued for Ship-Money, and a List of the Ships.

Nov. 10.

'It was this day resolved by his Majesty, with Advice of the Board, that there shall be issued Writs forthwith to all the Counties of England and Wales, and to the Corporations within the same, for the fetting forth and furnishing in warlike manner of Ships for the defence of the Realm, according to the List herewith sent; the said Ships to be ready at the same Rendezvouz by the first of April; and the Time for the first Assessment to be within thirty days after the receipt of the Writs respectively Whereof his Majesty's Attorney General is to take notice, and to prepare a Warrant ready for his Majesty's signature, directed to the Lord Keeper, to issue out the Writs accordingly. And a Minute of Letters and Instructions is to be prepared for the expedition of this Service.

Distribution of Ships to the several Counties of England and Wales, with their Tunnage and number of Men, as the same was ordered to stand this present Year.

The Cause between the Lord Deputy of Ireland, and the Lord Lostus appointed to be heard.

Nov. 12.

'This day his Majesty and the Board entered into the hearing of the Causes between the Lord Deputy and Council of Ireland, and the Lord Chancellor of that Kingdom And his Majesty's Attorney General having opened the general Charges against the said Lord Chancellor; his Majesty, with the Advice of the Board, proceeded to hearing of the Charge, expressed in the Order of the third of November last, concerning the Lord Chancellor's delivering of the negative Voice of the Nobility, to the Contribution for the Army; which being done; and the Lord Chancellor's Counsel still insisting, that the Cause of the Lord Chancellor's Appeal might be heard before the other Charges, the Lord Deputy, in the Name of himself, and of the Council of Ireland, humbly besought his Majesty, That the Lord Chancellor of Ireland's Counsel might have their Desires. Whereupon the said Cause was entred into, by reading of the Decree of the Lord Deputy and Council of Ireland; and Order was given that the said Cause should be proceeded in upon the grounds of Appeal, delivered by the Lord Chancellor. And Tuesday, at two after Dinner, the 19th of this Month, was appointed for the further hearing of the said Causes, whereofall the Parties concerned therein are to take notice, and to prepare themselves, with their Counsel, and to attend accordingly.

Letters of the Tenor following, were directed to the present Sheriffs of the several Counties under named; and to the Sheriffs respectively, who had the charge to execute his Majesty's Writs in the said several Counties, for the Ship-Money in the Years hereafter written.

A Letter from the Lords of the Council to the respective Sheriffs, to pay in the Arrears of ShipMony for several years past.

Hereas upon examination of the Accounts of the Shipmony taken by us, in the presence of his Majesty, to be levied upon the Writs issued in the Years 1636, 1637, 1638; notwithstanding the continual calling upon you the Sheriffs of the former Years by this Board, by his Majesty's special Command, it appeareth there is yet an Arrear upon you the Sheriff of that County, upon the Writ issued in the Year 1636, the Sum of and upon the Writ issued 1636, the Sum of and upon the Writ issued 1638, the Sum of We have therefore thought fit hereby, according to his Majesty's special Command, to require you the Sheriffs for the former Years, with all possible speed, upon pain of his Majesty's Displeasure, and a severe Proceeding to be had against you, to pay in respectively to the Treasurers of the Navy, so much of the said Arrears as you have already Collected and not paid in. And to Assess, Levy, and Collect, by Distress or otherwise, according to the Tenor of the said Writs issued in the former Years, the residue of the said Arrears remaining unassessed, unlevied, or uncollected, and to pay in the same with all possible speed respectively as aforesaid. For which purpose we do require and authorize you, the present Sheriff, to give Warrant and Authority to you the Sheriffs of the former Years respectively, for the Assessing, Levying and Collecting, as aforesaid, of the said Arrears. As also to give like Warrants and Authority to such other meet Persons, as you the Sheriffs for the former Years shall present respectively, and nominate unto you the present High Sheriff, either jointly or severally, to be employed in this Service, by you the Sheriffs of the former Years, (from whom only his Majesty doth expect an Account thereof for your own time respectively.) of performance of all which, you, or either of you, may not fail, as you tender the good Opinion of his Majesty and the Board, at your Perils. And you the Sheriffs for the former Years, are to collect and pay in, all the said Arrears respectively, to the Treasurer of the Navy, by the end of Candlemas-Term. Or else you (or as many of you as fail herein) are to attend his Majesty and the Board, on the next Sunday after the Term, to give an account why the same is not levied and paid in. And so, & c.

From Whitehall the last day of November, 1639.

Signed,

• Lord Archbishop of Canterbury.
• Lord Keeper.
• Lord Treasurer.
• Lord Privy-Seal.
• Earl of Suffolk.
• Earl of Dorset.
• Earl of Berkshire.
• Lord Goring.
• Lord Cottington.
• Lord Newburgh.
• Mr. Treasurer.
• Mr. Secretary Cook.
• Mr. Secretary Windebank.

Sir Thomas Roe's Advice from beyond Seas to the King, to intercept Lesley and Ammunition, &c. coming to Scotland.

Nov. 22.

'The Scots men that arrive in these Parts, speak desperately and traiterously, as if they were very ill Resolutions formented in that Kingdom. Lesley hath written to a Merchant in Brenien, principal Correspondent in these parts, that he will come thither in March or April for some Business, and return with speed. Bremen is the only resort now of the Scots, and the only Port from whence they can securely extract all kind of Arms and Munition. If his Majesty could surprise him, I am persuaded it would be a smart blow to behead a Faction, upon whom the Mutineers do so much rely. To this end, if a small Ship were sent betimes to ride in the River of Weser at Gessendorp, or Hanibrake, two or three months, it would not be Charges lost, and would terrify that Town. The Ship may be sent out secretly, and the Captains Commission, whither he shall go, be opened when he is at Sea; with Directions only to watch Ships bound from or to Scotland, and thus he may perhaps catch the Prey desired. For there can be no advice of his being there in Scotland in a month at least, and in the mean time he may hinder all Provisions to be transported thither. But if that way shall be thought too open, his Majesty may write an effectual Letter to the Arch-Bishop of Bremen, to arrest his Person in that Town, or with in his Territory: And another to the King of Denmark, and Magistrates of this Town. Lesley being his Majesty's Subject, I am persuaded it cannot be denied, for I have seen the Example fresh in the Palatinate, at the Instance of the Duke of Holstein. These Letters may lie dormant in mine or Mr. Averies hands, to be used, if there be occasion; if there be none, they may be returned with out noise, so the Business be kept secret, which otherwise will but irritate, and do more harm than service.

Afterwards General Lesley's Sister, and about fifteen Scotish Commanders, were taken at Sea, and brought Prisoners to Berwick; but a short time after released, and permitted to go into Scotland.

At Whiteball, Novemb. 26. 1639.

Present the King's Majesty.

Concerning the Lord Viscount Wentworth, Lord Deputy of Ireland; and the Ld Chancellor of Ireland.

'His Majesty having this day heard at the Board a long Debate, by Counsel on both sides, concerning two other of the Charges sent by the Lord Viscount Wentworth, Lord Deputy General of Ireland; and by the Privy-Council of that Kingdom, of sundry Misdemeanors and Irregularities committed by the Lord Viscount Loftus of Ely, Lord Chancellor of Ireland, in his Place, viz. in the Cause concerning Edward Jacob, and in the Cause between Dr. Medcalf Plantiff, and George Harpoole and others Defendents, in the Chancery of Ireland: Wherein his Majesty and the Board remain unsatisfied of the Clearness and Integrity of the said Lord Chancellor's Proceedings. And however the said Lord Chancellor did allege, That he had not the Means to make Proofs on his side in the said Causes; yet it did appear that the default thereof rested wholly in himself. And his Majesty and the Board being satisfied upon the several Hearings, that the said Lord Chancellor is guilty of the delivery of the negative Voice of the Lords Refusers to contribute for the maintenance of his Majesty's Army in the time of the Lord Viscount Falkland, late Lord Deputy of Ireland, and finding it sufficiently proved, That he did come out of Ireland before a legal Licence obtained, and contrary to that which he pretended himself to the said Lord Deputy and Council, and was directed by his Majesty, and did otherwise insolently behave himself to the said Lord Deputy and Council. His Majesty did this day, upon all the aforesaid Considerations, declare, with the unanimous advice of the whole Board, The said Lord Viscount Loftus of Ely, to be unfit any longer to hold the place of Lord Chancellor of Ireland, being of so great Trust and Importance for his Majesty's Service, and the Quiet and Preservation of his Subjects in that Kingdom. However his Majesty did not think fit to proceed to any other Censure at this time against the said Lord Viscount Loftus of Ely, in regard he did allege he had made no Proofs on his part, tho the Default were in himself; but doth leave the said Charges, and such other Charges as shall be thought fit to be prosecuted against him legally in the Star-Chamber, by his Majesty's Attorney General.

Signed,

• Lord Archbishop of Canterbury.
• Lord Keeper.
• Lord Treasurer.
• Lord Privy-Seal.
• Lord Duke of Lenox.
• Lord Marquiss Hamilton.
• Lord High Chamberlain.
• Earl Marshal.
• Lord High Admiral.
• Earl of Holland.
• Earl of Berks.
• Earl of Morton.
• Lord Goring.
• Lord Cottington.
• Lord Newburgh.
• Mr. Treasurer.
• Mr. Secretary Cook.
• Mr. Secretary Windebank.

The Branch of a Letter from the Arch-Bishop of Canterbury, to Dr. Hall Bishop of Exeter, dated at Lambeth, the 11th of November, 1639, in Answer to the Bishop of Exeter's Letter concerning Episcopacy.

'The rest of your Lordship's Letter is fitter to be answered by my own Hand, and so you have it. And since you are pleased so worthily and Brother-like to acquaint me with the whole Plot of your intended Work, and to yield it up to my Censure and better Advice, (So you are pleased to write) I do not only thank you heartily for it, but shall in the same Brotherly way, and with equal freedom put some few Animadversions, such as occur on the suddain, to your further Consideration, aiming at nothing but what you do, the Perfection of the Work in which so much so much is concerned.

'And first for Mr. George Graham, I leave you free to work upon this Business and his Ignorance as you please, assuring my self that you will not depart from the Gravity of your lest, or the Cause therein. Next, you say, in the first Head, That Episcopacy is an antient, holy, and divine Institution. It must needs be ancient and holy, if divine: Would it not be more full went it thus; So antient as that it is of divine Institution? There you define Episcopacy by being joined with Imparity and Superiority of Jurisdiction. This seems short: for every Arch-Presbyter's or Arch-Deacon's Place is so; yea, and so was Mr. Henderson in his Chair at Glasgow: unless you will define it by a distinction of Order. I draw the Superiority not from that Jurisdiction which is attributed to Bishops, Jure positivo, in their Audience of Ecclesiastical Matters, but from that which is intrinsical and original in the Power of Excommunication. Again, you say, in that first Point, That where Episcopacy hath obtained, it cannot be abdicated without violation of God's Ordinance. This Proposition I conceive, est inter munis habentes; for never was there any Church yet, where it hath not obtained the Christian Faith; which was never yet planted any where but the very first Feature of the Body of a Church was by or with Episcopacy: and wheresoever Episcopacy is not suffered to be, it is by such an abdication; for certainly there it was a Principio. In your second Head, you grant that the Presbyterian Government may be of use where Episcopacy may not be had. First, I pray you, consider whether this Concession be not needless here, and in it self of a dangerous Consequence Next, I conceive there is no place where Episcopacy may not be had, if there be a Church more than in title only. Thirdly, Since they challenge their Presbyterian Fiction to be Christ's Kingdom and Ordinance, (as your self expresseth it) and cast but Episcopacy as opposite to it; we must not use any mincing terms, but unmask them plainly; nor shall I ever give way to hamper our selves for fear of speaking plain Truth, though it be against Amsterdam or Geneva, and thus must be sadly thought on. Concerning your Postulata, I shall pray you to allow me the like freedom, among which the two first are true, but (as exprest) too restrictive. For Episcopacy is not so to be asserted to Apostolical Institution, as to bar it from looking higher, and from fetching it materially and originally in the Ground and Intention of it, from Christ himself, though the Apostles formalized it. And here give me leave a little to enlarge; The Adversaries of Episcopacy are not only the furious and Arian Hereticks, (out of which are now raised Pryn, Bastwick, and our Scotish Masters) but some also of a milder and subtiler alloy, both in the Geneva and the Roman Faction. And it will become the Church of England so to vindicate it against the furious Puritans, as that we lay it not open to be wounded by either of the other two more cunning and more learned Adversaries: Not to the Roman Faction, for that will be content it shall be Juris Divini mediati, by, from, for, and under the Pope, that so the Government of the Church may be Monarchical in him; but not immediati, which makes the Church Aristocratical in the Bishops, This is the Italian Rock, not the Genevan, for that will not deny Episcopacy to be Juris Divini, so will take it at suadentis vel approbantis, but not imperantis; for then they may take leave as they will, which is that they would be at. Nay (if I much forget it not) Beza himself is said to have acknowledged Episcopacy to be Juris Divini imperantis, so you will not take it as unlver saliter imperantis, for then Geneva might escape, & citra considerationem durationis, for then though they had it before, yet now, upon wiser thoughts, they may be without it; which Scotland says now, and who will may say it after, if this be good Divinity; and then all in that time shall be Democratical. I am bold to add this, because I find in your second Postulatum, that Episcopacy is directly commanded, but you go not so far as to meet with the subtilty of Beza, which is the great Rock in the Lake of Geneva. In your 9th Postulatum, That the Accession of Honourable Titles or Privileges makes no difference in the substance of the Calling; if you mean the Titles of Arch-Bishops, Primates, Metropolitans, Patriarchs, &c. 'tis well; and I presume you do so: But then in any case take heed you assert it so as that the Faction lay not hold of it, as if the Bishops were but the Title of Honour and the same Calling with a Priest for that they all aim at, &c. The 11th Postulatum is large, and I shall repeat it, because I am sure you retain a Copy of what you write to me, being the Ribs of your Work; nor shall I say more to it than that it must be warily handled, for fear of a saucy Answer, which is more ready a great deal with them than a learned one. I presume I am pardoned already for this freedom, by your submission of all to me; and now I heartily pray you be pleased to send me up (keeping a Copy to your self against the Accidents of Carriage) not the whole Work together, but each particular Head, or Postulatum, as you finish it; that so we here may be the better able to consider of it, and the Work come on the faster. So to God's blessed Protection.

Will. Cant.

This Letter was thus endorsed with the Arch-Bishop's own Hand,

My Answer (of November 11. 1639.) to the Heads of the Bishop of Exon's Books intended for Episcopacy.

A Letter directed to our very good Lord the Earl of Northumberland, Lord High Admiral of England.

Lord Admiral to set forth 20 Ships.

'Whereas it is his Majesty's Pleasure, that Twenty Ships and Pinnaces of his own shall be this Year set forth for Guard of the Sea and defence of the Realm, over and above the Ships that are required to be set forth by the City of London; We have thought good hereby, in his Majesty's Name, to pray and require your Lordship forthwith to take effectual Order for the present preparing, setting forth, and furnishing, in compleat and warlike manner, Twenty such Ships and Pinnaces of his Majesty's as your Lordship shall think fittest, for eight Months Service at Sea; to be all ready to be put to Sea by the Tenth of April next, for the Service aforesaid. And for your Lordship's so doing, this shall be your Warrant. And so we bid your Lordship, &c.

From the Court at Whitehall, the 17th of December 1639.

Signed,

• Lord Arch-Bishop of Canterbury.
• Lord Keeper.
• Lord Treasurer.
• Lord Privy-Seal.
• Lord Marquess Hamilton.
• Lord Chamberlain.
• Earl of Salisbury.
• Lord Viscount Wentworth.
• Mr. Secretary Windebank.