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majesty, unto his servant, not deigning to sign | 50,000l. be sufficient to be imposed on the Lord the petitions, liveries, and warrants, to the Treasurer, or no?" Agreed to this Article. 6. great seal, with his own hand, their lordships" Whether he shall, hereafter, sit in parliament, thought him worthy to be highly censured for or no?" Agreed, "That he shall never sit And thereupon the house being re-again in parliament." 7." Whether the Lord Treasurer shall come within the verge of the court, or no?" These questions being all put and agreed to, the whole censure against him was drawn up in form, read by the lord keeper, and passed by a general vote of the house.

the same.

sumed, the question was put, "Whether the Lord Treasurer deserves a censure upon the whole Charge or no?" and agreed, nem. diss. "To be censured for the same."

And their

May 13. The lords ordered the gentleman usher and the serjeant at arms, attending on that house, to summon the earl of Middlesex, Lord Treasurer of England, to appear presently before their lordships. The house being adjourned ad libitum, the clerk read the heads of the six Charges against the Lord Treasurer, and the six several votes of the house which were yesterday past upon the same. lordships having duly considered upon the proofs of bribery, extortions, oppressions, wrongs and deceits, objected against the Lord Treasurer, found the same to be most appa. rently proved. And, as to the allegations of the Lord Treasurer of his good and profitable services to the king; in the reformation of the king's household, of the navy, of the wardrobe, and the kingdom of Ireland, their lordships entering into debate thereof, it was made manifest to them, by many particulars then declared, That, as touching the reformation of the king's houshold, wardrobe, Ireland, he, the Lord Treasurer, had deserved very ill of his majesty, and, as touching the navy, though his lordship was but a commissioner with others, who were more skilful, and did more good than he, yet, he assumed to himself the whole glory thereof; and his manner was so to do, in all other business wherein his lordship and others were joined.

The Lords also considered of the Lord Treasurer's allegation of his advancing the exchange of the king's money, sent to the Palatinate, for payment of the king's forces there; and it appeared unto them plainly, That his services therein deserved no such respect, as his lordship assumed unto himself; the soldiers of Frankendale being yet unpaid. Then the house being resumed, the first question was put, 1. "Whether the Lord Treasurer, in regard of these misdemeanors proved against him, shall lose all his offices which he holds in the kingdom, or no?" It was unanimously agreed, "That he should lose them all." 2. "Whether the Lord Treasurer shall for ever, hereafter, be incapable of any office, place or employment, in the state or common-wealth, or no?" Agreed, "That he should be incapable of them all." 3. "Whether he shall be imprisoned in the Tower of London, during his majesty's pleasure, or no." Agreed, "For Imprisonment." 4. "Whether the Lord Treasurer for these offences shall pay a fine to the king, or no?" Agreed" to pay a fine."-Then the house was adjourned ad libitum, that the lords might more freely discuss what fine to impose on the Lord Treasurer. And, being resumed, the fifth question was put by the lord keeper, 5. « Whether & fine of

VOL. II,

SENTENCE against the Lord Treasurer. Then a Message was sent to the Commons, That the Lords were now ready to give Judg ment against the Lord Treasurer, if they, with their Speaker, will come and demand the same, Answ. That they will attend, presently, as the manner is. Accordingly, the Lords being all in their robes, to the number of 62, the Lord Treasurer was brought to the bar, by the gentleman usher and the serjeant at arms; when his lordship making a low reverence, kneeled, until the lord keeper willed him to stand up. The Commons came in with their Speaker, and the serjeant attending him let down his mace, when the Speaker addressed himself to the lords as follows:

"The knights, citizens, and burgesses in this parliament assembled, have, heretofore, transmitted unto your lordships several offences against the right honourable Lionel, earl of Middlesex, Lord High Treasurer of England, for Bribery, Extortions, Oppressions, and other grievous Misdemeanors committed by his lordship; and now the Commons, by me their Speaker, demand Judgment against him for the same."

The Lord Keeper answered, "This high court of parliament doth adjudge, That Lionel earl of Middlesex, now Lord Treasurer of England, shall lose all his offices which he holds in this kingdom; and shall, hereafter, be made incapable of any office, place, or employment in the state and commonwealth. That he shall be imprisoned in the Tower of London during the king's pleasure. That he shall pay unto our sovereign lord the king a fine of 50,000l. That he shall never sit in parliament any more, and that he shall never come within the verge of the court."

May 14. A committee of lords was appointed by the house to attend the king, and to acquaint him with the Judgment awarded by the lords against the earl of Middlesex, and to desire his majesty to take away the staff and the seal of the Court of Wards from him.Ordered also, "That the king's counsel do draw up a bill, and present the same to the house, to make the lands of the earl of Middlesex liable unto his debts; unto his fine to the king; unto accounts to the king hereafter; and to restitution to such whom he had wronged, as shall be allowed by the house." Which bill afterwards passed into a law,

Lionel Cranfield, earl of Middlesex, who, from a low beginning, was, for his eminent qua

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lities in mercantile affairs, raised to that title, Manchester, and, after the death of Worcester, and to one of the highest posts in the kingdom, he was lord privy-seal. was son of Thomas Cranfield, esq.; but was no l "One of king James's own chaplains, preachmore than a London merchant himself; and ing before him at Greenwich, took this text, being bred up in the Custom House, was looked, Mat. iv. 8. ' And the devil took Jesus to the upon as a fit instrument to detect the frauds top of a mountain, and shewed him all the in those officers. The king, in his last speech kingdoms of the world, saying, All these will to the lords, has given us an account how he' I give,' &c. He shewed what power the devil was introduced to court, and by what steps he had in the world at that time, when he spake rose to the height he so suddenly fell from; and, these words; and from thence he came down by what his majesty hints, in that speech, there to the power of the devil now. And dividing might probably be much malice and envy in the world into four parts, he could not make his prosecution. Mr. Rapin charges the prince the least of the four to be Christian; and of of Wales and duke of Buckingham with a con- those, how few went God's way? So that he spiracy to ruin the Lord Treasurer, for refusing concluded the devil to be a great monarch, them, at times, the exorbitant sums they de- having so many kingdoms under his command; manded when in Spain: that they made use and no doubt he had his vice-roys, council of of their credit with the parliament for that state, treasurers, secretaries, and many other purpose, and caused him to be accused, by officers, to manage and order his affairs; for their creatures, of mismanagement in the dis- there was order in hell itself; which after he charge of his office. This hint our author has had mustered together, he gives a character of strongly improved from Wilson and lord Cla- every particular officer, who were fit to be the rendon: the former says, "The duke of Buck- devil's servants; running through the body of ingham, remembering how the Lord Treasurer the court; discovering the correspondencies repined at the monies spent in Spain, and his with Jesuits; secret pensions from foreign comportment to him since his return, resolved princes; betraying their masters counsels to to bring him down from that height he had deserve their rewards, working and combining placed him in." And the latter, "That the to the prejudice of God's people. And when king was against the prosecution of the Trea- he came to describe the devil's treasurers exsurer, by an Impeachment; because he fore- actions and gripings, to get money, he fixed his saw, that those kinds of parliamentary pro- eye upon Cranfield, then Lord Treasurer (whose ceedings would shake the royal authority, in marriage into the house of fortune, and title of the choice of his own ministers, when they earl, could not keep him from being odious to should find that their security did not depend, the people) and pointing at him with his hand, solely upon his own protection; which breach, said with an emphasis, That man (reiterating adds the noble historian, upon his kingly power, it) That man, that makes himself rich, and was so much without a precedent, that, except his master poor, he is a fit Treasurer for the one unhappy one, made three years before, to 'devil.' This the author heard, and saw, whist gratify likewise a private displeasure," [lord Cranfield sat with his hat pulled down over his Bacon he means] "the like had not been eyes, ashamed to look up, lest he should find practised in very many years. The king told all men's eyes fixed upon him; the king, who the duke, That he was a fool, and was making sat just over him, smiling at the quaint satire so a rod for his own breech;' and the prince handsomely coloured over. It seems Neile, that he would live to have his belly full of par- the bishop of Lincoln, was not by him then; liamentary Impeachments." See History of for when any man preached that had the rethe Rebellion, volume 1, folio edition 1702, nown of piety, unwilling the king should hear p. 20. him, he would in the sermon time enter tain the king with a merry tale (that I may give it no worse title) which the king would after laugh at, and tell those near him, he could not hear the preacher for the old B. bishop, We must confess, this relation smells too rank, but it was too true, and hope the modest reader will excuse it, we having had divers hammer ings and conflicts within us to leave it out, sce ing it proceeds not from any rancour of spirit against the prelacy, but to vindicate God' justice to posterity, who never punishes without a cause, and such-like practices as these were doubtless put upon the score, which afterwards gave a period to that hierarchy. This man's hand helped to close up the countess of Essex's virginity, when he was Coventry and Litchfield; his heart had this kind of vanity when he was Lincoln; and when he was arch bishop of York, his head was so filled with Ar minian impiety, that in the next king's reigu

"Sir Henry Mountague, lord chief justice, (as the reports of those times lively voted) laid down 20,000l. for the office of Lord Treasurer; and before the year expired, it was conferred upon sir Lionel Cranfield, who had been a citisen of London, bred up in the Custom-house; and knowing the secret contrivances of those officers, was thought fittest to manage the king's revenue: for in expensive and wasting courts, those great officers are most acceptable, that by their finesses and projects can bring in that, which with riot and prodigality goes out. But the great step to his office, was Cranfield's marrying one of Buckingham's kindred, which mounted him presently after to be earl of Mid-¦ dlesex. The lord chief justice for his money was made a precedent, as some jested; the king finding him a man intelligent in all the great affairs of state, made hini lord president of the council, viscount Mandevill, and carl of

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1233] STATE TRIALS, 22 JAMES I. 1624.-Proceedings against the Bp. of Norwich. [1254

he was looked upon by the parliament to be one of the great grievances of the kingdom." Wilson's Account of sir L. Cranfield in his History of James I. 2 Kennett's Comp. Hist. 727,729.

"The marquis of Buckingham continueth still in fullness of grace and favour; the countess, his mother, sways also much at court. She brought sir Henry Montague from delivering law on the King's-bench to look to his bags in the Exchequer, for she made him Lord High Treasurer of England, but he parted with his white staff before the year's end, though his purse had bled deeply for it (above 20,000l.)

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which made a lord of this land to ask him at his return from court, whether he did not find that wood was extreme dear at Newmarket, for there he received the white staff. There is now a notable stirring man in the place, my lord Cranfield, who, from walking about the Exchange, is come to sit Chief Justice in the Chequer-chamber, and to have one of the highest places at the council-table. He is married to one of the tribe of fortune, a kinswoman of the marquis of Buckingham." James Howell to his Father, March 22, 1622, Letters, Book 1, § 3, letter 1.

123. Proceedings in Parliament against SAMUEL HARSNET, Bishop of Norwich, for Extortion and other Misdemeanors: 22 JAMES I. A. D. 1624. [Lords Journals.

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May 14, 1624. THE Bishop of Norwich besought the Lords to remember the Message from the Commons, on the 8th instant, for a Conference touching some Accusations against his lordship, which their lordships then deferred, by reason of the thinness of the house; and desired them to appoint a time for the same, with what expedition they conveniently may; whereupon a Committee was then named for that purpose.

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1 Cobb. Parl. Hist. 1478.]

off, and many were old, and not able, for their age, to come so far. That this inhibition was

when the king had commanded more preaching. That his lordship connived at Recusants, all which was the disheartening of the good professors.

It may be objected he allowed of catechizing; ergo, no preaching necessary: but be commanded to ask bare questions, and nothing else; ergo, no instructions. That this is done against the canons of the church, and that there is no obedience without knowledge. May 19. A Report was made by the arch- The outward man is not confirmed, unless the bishop of Canterbury, of a Conference with the inward man be reformed; and cited the canon, quicunque contristaverit doctorem verita Commons, touching a Complaint against the 'peccat in Christum;' with the canon, 1 Jac. bishop of Norwich, to this effect: "That the c. 45, for commanding preaching.-For the Cominons had received a Complaint exhibited against the said lord bishop, by the citizens of 2nd touching the setting up of Images. It was Norwich: and to shew, that it was ordinary for said to be against acts of parliament, against the Commons to complain against the governors the canons of the convocation, the book allowed of the church, divers records of parliament in the time of Hen. 8, 28 Hen. 8, c. 30, against were cited; annis, 18 Ed. 3, 35 Ed. 3, 50 Ed. Images, Pilgrimages, &c. against the 3 Edw. 6, 3, 17 Rich. 2, and 11 Hen. 4, which were and the Homilies approved, anno 1 Eliz. forWhich Gratian affirms cited to satisfy tacit objections for their med- bidding images in churches.-The 3rd, for dling with a cause of this nature.-That the prayer to the east. Charge against the said bishop consisted of came by tradition, pars 1, dict. 11, and that it six parts: 1. That he inhibited or disheartened is superstitious, Linwood in the Glosses, lib. 2, preachers on the Sabbath day in the forenoon. tit. de Feriis, non refert si versus Orientem,' II. That images were set up in the churches, &c. That the bishop excommunicated many, and one of the Holy Ghost fluttering over the and enjoined penance unto divers, for praying font; that a marble tomb was pulled down, to the east; and some did their penance with and images set up in its room, and the bishop a withy rod in their hand; the proof thereof is blessed them that did it. III. That he punished under the bishop's hand.-The 4th, one Peck, IV. a minister, catechized his family, and sung those who prayed not towards the east. That he punished a minister for catechizing his psalms, his neighbours coming in, of a Sunday family, and singing of psalms. V. That he used after evening prayers. The bishop enjoined extortion many ways. VI. That he did not them to do penance, for this their resorting to enter Institutions, to the prejudice of patrons. catechize and sing psalms, and to say, I confess my errors, &c.' which acknowledgment To the 1st Article it was said, That there were 34 churches in Norwich; and in those parishes is under the bishop's hand. They who refus30 or 40,000 people: That the lord bishop sented, were excommunicated, and paid 71. charges. a conformable for the preachers, by the apparitors, and told And it was particularly observed by the Comthem, there was no need of preaching on Sun- mons, that this Peck was set down, day in the forenoon, except in the cathedral preacher.-5thly, Touching Extortion. It was church; although 2 or 3000 could only hear shewn, That, in the Table of Fees there; many dwelling three quarters of a mile for Institution 24s. 8d. whereof to the bishop

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10s. That this lord bishop is register also, and | now himself taketh, for institution, 31. 5s. and, for united churches, double; and that, communibus annis, there are an hundred institutions. For Admission into sacred Orders, nothing should be taken; if any, it is simony: yet this bishop taket now 29 or 30s. the bishop and register being all one. To serve cure, 5s. is due; he takes 6s. 8d. To teach school, 3s. 4d. is due; he takes 6s 8d. and if of ability 10s. For every consignation of a decree 4d. which comes to 80. per annum, for which there should be nothing paid; no consignation being in the table, but set down in archbishop Whitgift's time, in another hand.--othly. Touching the entering of Institutions. That the institutions to benefices are not registered; which overthrows the patronages, if it be returned scrutatis archivis non invenitur, when the right comes in question; yet the fees are greater than before."-The Commons concluded with these two remembrances. 1st, That they received this Complaint before Easter last; yet they proceeded not in the Examination thereof till they received a certificate from the mayor of Norwich. 2nd, That none shall be punished for complaining in parliament."

Sarum, hath since declared in print that which he then preached to be no popery. That popery is a fire that will never be quiet, he hath preached a thousand sermons; and nothing of popery can be imputed to him out of any of them.-That there were divers obstacles to keep him from popery. 1. The Usurpations of the pope of Rome. His lordship affirmed, That no power on earth can touch a prince; and therefore he abhorred the usurpation of the pope over princes. 2. Their religion is dyed in Blood. 3. The practic course of their religion is all by juggling and feigned miracles; of which his lordship had writ a book against them, which was never as yet answered. That he never spake with priest or jesuit, nor never invited a known recusant to his table; for they never say Amen to our prayers. 4. That their equivocations are the last; worse than which nothing can be; his lordship held it much better to take on with the devil than with such. Then he professed himself to be a true member of this church, and acknowledged the church of England to come nearest to the primitive. That we fetch not our reformation from Wickliff, Huss, and Luther of latter times, but from the first 400 years next after Christ. This Report being ended, the bishop of Nor--I. As touching the first part of the accusawich stood up in his place, and answered the same to this effect: "1st. His lordship confessed the Charges in the said Complaint to be so great and gievous, that, were he guilty thereof, he would desire, himself, to be punished: but whether he be guilty or not, he will leave to their lordships exact and severe examination; wherein he desired them not to spare him, and he would ever acknowledge and commend their justice and honour.-His lordship protested he was no way guilty of the first part of this accusation; if he were, then he was unworthy to bear the name of a clergyman. He shewed the unworthiness of such as should dishearten preachers from preaching the word of God. His lordship shewed also (desiring first that he night not be taxed with ostentation) his own practice in preaching, whilst he was vicar and parson that he preached every sabbath iu the inorning, and catechized in the afternoon; and that he continued the like preach ng whilst he was bishop of Chichester: that in Norwich he never missed the public place, and ever preached there against popery though he had been an unprofitable, yet he had not been an idle servant; which was now his only comfort.-As touching Preaching and Non-residence, he had been reckoned more than half a puritan: he told them of his manner of living, and his leaving the archbishop of Canterbury's service that he night go to his cure. He wondered why he should be thought a papist; he thought it might be owing to his disputations, and his sermons at Paul's Cross, on predestination negative, unadvisedly preached by him; for which he was checked by archbishop Whitgift, and commanded to preach no more of it; and he

, though Dr. Abbot, late bishop of

tion. His lordship confessed, That six or se
ven of the abler sort of ministers in Norwich
used to expound, in their own churches, before
the sermon began in the cathedral church;
and many resorted from other places to these
expositions, (for all the churches have not
preachers) and in the afternoon to their ser
inons. The preachers themselves found fault
with this, being willing to be rid of the pains,
for they were to preach in the afternoon aud
on the week days, and shewed him many disor
ders therein, which they pretended; as the
cutting off part of the prayers, or their beginn
ing so early, that many could not come to the
common prayers, and the like; and they be-
sought his lordship to remedy it, because they,
being stipendary men, were ich to do it, for
fear, belike, to lose their stipends; whereupon
he sent for them by an officer, and willed them
to omit these expositions in the forenoon; and
yet he had since taken order for the erecting
of three sermons in the most remote parts of
the city from the cathedral church; and be
also had erected many lectures in several places
of the country. II. As touching the linages
in a Church. What was done was done with-
out his knowledge, it was meant by St. Peter's
church: that he never saw that church till one
evening as he came by; and being informed of
much cost done upon it, he went in, and kneel-
ed down to his prayers, as his use was. When
he rose up, and perceived that they had be
stowed very great cost. and not seeing of
knowing of any image at all set up there, he
said, God's blessing on their hearts that had
'bestowed such cost on God's house.' III. As
touching prayers to the east: he never enjoin-
ed it, nor heard of it till now. IV. For the
4th part of his Complaint: he perceived that

he had been sifted through the whole course of his life; that this Peck was sent to him by the justices of the peace, for keeping an assembly late at night at his house; his catechizing being but a colour to draw them thither. That this Peck had infected the parish with strange opinions; as not to kneel when they came to church; that the name of Jesus is no more than a common name, and that it is superstition to bow down at it. His lordship affirmed, that this Peck had formerly been convicted of nonconformity, annis 1615 et 1617; also, for simony and conventicles in his neighbour's house, as appears by an act in the register. And that anno 1622, he was taken in his house with 22 of bis neighbours, at a conventicle; that he was then bound over by a justice and brought to his lordship, and his sentence against him was, only, that he should confess his fault. The others, mentioned in this part of the Charge, were punished for their opinions also; making no difference between an alehouse and the church, till the preacher was in the pulpit. He said, he must confess his fault, That in the penance which he enjoined, he caused them to confess their errors, omitting their resort to conventicles, which he did at their own earnest suit. V. His lordship absolutely denied that he imposed any Fees, and affirmed that he had not any of those fees which were complained of; only the fees for Institution, which he took as his predecessors did. If therein he had committed any error, erravimus cum patribus; and denied that he had ever seen that Table of Fees which is spoke of by the Commons. VI. His lordship affirmed, That he had registered

all the Institutions."

When the bishop had ended his Defence, his royal highness the Prince stood up and told him, "That he had not answered concerning the Paraphrase of the Catechism which he had taken away." To which the Bishop replied, "That the preachers used to chuse a text from the reed, &c. and to ask the child some one question, and then to dilate very long upon it, but never descended to the capacity of the child. That he did not forbid the explanation, but ordered that it should be done catechetically."

Thus ended the bishop of Norwich's Answer

to the said Complaint. Immediately after which, an Order is entered in the Lord's Journals, "That in respect to the shortness of time and the multiplicity of business, now depending to be determined, the complaint of the Commons, against the bishop of Norwich, shall be referred to the High Commission, to be examined by them; and they to make report thereof to the house, and then the house will judge of it."

The same day the bishop exhibited a Complaint to the house against one Thomas Stokes, clerk, "That whereas the said Thomas Stokes had preferred a Petition to the Commons against his lordship, for excessive fees, pretended to be taken by his lordship, and for other grievances therein mentioned. He acknowledged the proceedings of the said Stokes to be legal, and humbly submitted himself to an examination and strict trial. However, he complained that the said Stokes bad sent his lordship this message: That if he would suffer a judgment in the court of common pleas for him, the said Stokes, to be archdeacon of Norfolk, that then Stokes would prosecute no further against his lordship: otherwise, he would smoke him with more Complaints.' Moreover, that the said Stokes reported that his lordship did drink a health to Spinola, and refused to pledge a health to the prince of Orange, for that the said prince was a general unto traitors. And that Stokes affirmed his lordship did take 301. of every one of the archdeacons when he came first to his see. All which his lordship affirmed to be false."

This Complaint, with the witnesses the bishop produced to prove it, was referred to the examination of the archbishop of Canterbury, who was to make report thereof to the house for their judgment of the matter. But we hear no more of this, or the former affair, in the Journals or elsewhere; for neither Wilson nor Rushworth mention one word of it.*

* This bishop of Norwich, Le Neve tells us, had been guilty of several scandalous practices, whilst he was master of Pembroke hall in Cambridge. He came into high favour, at court, in the next reign; for in 1628, he was made archbishop of York.

124. Proceedings in Parliament against RICHARD MOUNTAGUE," Clerk, for publishing a factious and seditious Book: 1 CHARLES I. A. D. 1625. [3 Kenn. Compl. Hist. 1 Rushw. Coll. 2 Cobb. Parl. Hist. 6.]

July 7, 1625.

MR. Richard Mountague, canon of Windsor, and fellow of Eaton, rector of Stamford Rivers, and chaplain in ordinary to his majesty, was

brought to the bar of the house of commons, to answer for his Book intituled An Appeal to Cæsar,' which was there charged upon him, to be contrived and published to put a jealousy between the king and his well affected subjects, and to contain many things contrary to the Articles of Religion established by parliament; and that the whole frame thereof was an en

* Other particulars of this man and his books are to be found in 1 Rushw. Coll. 173, 176, 199, 634. 2 Cobb. Parl. Hist. 6, 11, 78, 457 et seq. The king, in 1627, made him bp. of Chichester.couragement to popery,

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