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lord, of the most honourable council of the lord the king, and two chief justices of the King's-bench, and Common Pleas for the time being, or two justices in their absence, by any bill or information then after to be exhibited to the chancellor of England, the treasurer, the president of the most honourable council of the ford the king, or the keeper of the privy-seal of the lord the king for the time being, for any misdemeanor in the aforesaid statute of king Henry the seventh aforesaid before recited, from henceforth have full power and authority of calling before them, by writ or by privy-seal, such malefactors, and of examining of them and others by their discretion, and of punishing those that are found defective according to their demerits, according to the form and effect of the said statute of the aforesaid lord king Henry the seventh, and of all other statutes thereupon made not revoked and expired, in the same manner and form as they might and ought to be punished, if they were convicted according to the due order of the laws of the said lord the king. And by the aforesaid writ, under the foot of the great seal, it manifestly appears, that the said fine was imposed by the lord the king and his council, and not by the legal peers of the said Richard Chambers, nor by the law of the land, nor according to the manner of the pretended offence of the said Richard Chambers, nor saving unto him his merchandize, nor for any offence mentioned in the said statutes. All and singular the which, the said Richard Chambers is ready to verify to the court, &c. and demands judgment; and that he be discharged of the said 2,000l. against the said lord, the now king; and that as to the preinisses he may be dismissed from this court. WATERHOUSE."

With this Plea, he annexed a Petition to the lord chief baron, and also to every one of the barons, humbly desiring the filing of the plea, with other reasons in the manner of a motion at the bar, because he said, counsel would not move, plead, nor set hand to it, as further appeareth.

The copy of the Order upon Mr. Attorney's motion in the Exchequer, the 17th of July, 1629, after the Plea put in, and order to file

it. Per the lord chief baron.

"Touching the Plea put into this court by Richard Chambers, to discharge himself of a fine of 2,0004, set on him in the Star-Chamber, forasmuch as sir Robert Heath, knight, his majesty's attorney-general, informed this court, that the said Chambers in his said plea recites divers statutes, and Magna Charta, and what offences are punishable in the Star-Chamber, and how the proceedings ought to be; and upon the whole matter concludes, that the said fine was imposed by the king and his council, and not by a legal judgment of his peers, nor by the laws of the land, nor according to the manner of his offence, nor saving his merchandize, nor for any offence mentioned in the said statutes; which plea, Mr.Attorney

conceiving it to be very frivolous and insufficient, and derogatory to the honour and jurisdiction of the court of Star-Chamber, humbly prayeth might not be allowed of, nor filed: it is therefore this day ordered, that the said plea shall be read on Saturday next; and then upon hearing the king's counsel, and the counsel of the said Richard Chambers, this court will declare their further order therein; and in the mean time the said plea is not to be filed nor delivered out."

In Michaelmas term following, Mr. Chainbers was brought by a Habeas Corpus out of the Fleet; and the warden did return,

"That he was committed to the Fleet by virtue of a decree in the Star-Chamber, by reason of certain words he used at the council-table, viz. that the merchants of England were screwed up here in England more than in Turkey. And for these and other words of defamation of the government, he was censured to be committed to the Fleet, and to be there imprisoned until he had made his submission at the council-table, and to pay a fine of 2,000l. And now at the bar he prayeth to be delivered, because this sentence is not warranted by any law or statute: for the statute of 3 H. 7, which is the foundation of the court of Star-Chamber, doth not give them any authority to punish for words only. But all the court inforined him, that the court of Star-Chamber was not erected by the statute of 3 H. 7, but was a court many years before, and one of the most high and honourable courts of justice; and to deliver one who was committed by the decree of one of the courts of justice, was not the usage of this court; and therefore he was remanded."

As a concurrent proof of these proceedings concerning Mr. Chambers, we shall insert here a Petition of his (though out of time) to the Long Parliament.

To the Parliament of the Commonwealth of

England, Scotland, and Ireland.

The brief Remonstrance and humble Petition of Richard Chambers, merchant, late alder

derman and sheriff of the city of London : "Shewing; That in the parliament held in the years 1627 and 1628, it was voted and declared by the honourable house of commons, that whosoever shall counsel or advise the taking or levying of the subsidy of Tunnage and Poundage, not granted by parliament, or shall be any actor or instrument therein, shall be reputed an innovator in the government, and a capital enemy to the kingdom and commonwealth; and if any merchant or person whatsoever shall voluntarily yield or pay the said subsidy of Tunnage and Poundage, not being granted by parliament, they shall likewise be reputed betrayers of the liberties of England, and enemies to the same, as may appear by the said Order upon record.

"In submission and obedience whereunto, the petitioner first opposed and withstood the payment of Tunnage and Poundage, until they

were settled by parliament, and all other illegal taxes; for which submission and obedience, in the years 1628 and 1629, the petitioner had 7,060. of his goods wrongfully taken and detained from him by the late king's officers and farmers of the Custom-house of London, for pretended duties, and a heavy sentence and fine in the Star-Chamber, which was imposed upon him in the year 1629. Besides which losses, the petitioner further suffered in his person by six whole years imprisonment in the Fleet, for not submitting to that sentence and fine; and in the year 1637, nine months imprisonment in Newgate for withstanding Ship-money; by which losses and imprisonments, the petitioner was put by the exercise of his calling, and was wounded in his credit and reputation. "Which sufferings the honourable house of commons (upon the petitioner's complaint in the year 1640,) taking into their grave consisiderations, were pleased to refer the examination thereof to a committee of fifty members, wherein were included the committee for the navy and customs; who being well satisfied of the truth thereof, by oath, and other good sufficient proofs upon record, drew up their report, that the petitioner ought then to have 13,6807. in part of reparation, leaving the rest of those reparations to the further judgment of the honourable house, as by the annexed copy of that report may further appear.

"In pursuit of which report, the parliament then levied and received from the old farmers and officers of the customs 50,000l. for wrongs and abuses done to the petitioner, chiefly, and other merchants, intending first to give to the petitioner satisfaction out of the same, because he was the first man that opposed the pretended duties, and the greatest sufferer.

"Whereupon in the year 1642, the petitioner was chosen alderman, and in the year 1644 sheriff of the city of London: which places the petitioner earnestly endeavoured to shun; but such were the earnest importunities, and persuasive encouragements of divers members of the honourable house, (who then desired to have the petitioner in place of trust, for his former service to the commonwealth) that the petitioner was constrained to accept not only of the place of alderman, but further underwent the office and charge of sheriff of London, which stood the petitioner in 4,000l. that year.

"But notwithstanding the aforesaid promises and intents of the parliament to give the petitioner satisfaction, such were the great compulsive exigents, and urgent necessities of those times, caused by the public distractions, that the said monies were converted to the public use. Therefore the parliament desired the petitioner to have a little patience, promising him speedy satisfaction as well for the forbearance as for the principal debt. But the distractions continuing, the petitioner had neither interest nor any part of his principal. The parliament in the year 1648, in part of satisfaction, settled the petitioner in the office of surveyor and check

in the Custom House of London, then worth at least 600l. per annum; but the petitioner having enjoyed that place only eight months, was causelessly ousted by sinister information of intruders, who have enjoyed that office and divided the profit thereof between them ever since that intrusion.

"Moreover, the late king, by privy seal, owes to the petitioner's wife (who is the relict of Mr. Thomas Ferrer) for linen cloth 5,000l. and for money lent 1,2001. for which she was assigned satisfaction out of the customs of tobacco. Besides, she was further assigned out of sir Thomas Dawes' office 100 marks per annum. All which debts likewise lie wholly unsatisfied, to the petitioner's great prejudice.

"Besides the aforesaid losses, hinderances, expences, sufferings, and forbearances of the profit of the said office, the petitioner from time to time hath laid out himself for the common good, in acting, lending, spending, (and serving) when others refused; exposed himself to that imminent danger at Brentford, by leading out a troop of horse for the privileges, liberties, and rights of the city of London and commonwealth, insomuch, that thereby, and for want of his satisfaction aforesaid, the petitioner, having consumed his estate, hath been constrained to sell and mortgage some part of his lands to pay creditors, and to maintain his family, having a wife and nine children; and is likely to be undone for obeying the parliament's commands, unless by the justice and commiseration of this honourable assembly he be speedily relieved and righted; for that ever since the said reported sum, the petitioner from time to time bath made his humble addresses to the supreme powers for the time being, for satisfaction thereof, and to be restored to the said office, but could not prevail.

"The petitioner therefore humbly prays, that he may not perish for acting for the public good according to the declaration of parliament; but that now after 26 years suffering, whereof 12 years in fruitless and wearisome waitings, this honourable assembly would now be pleased to take the unparalleled sufferings of the petitioner into their grave considerations, for some speedy course for the petitioner's satisfaction, to pay his debts, and redeem his lands, by ordering him the one moiety of his debt in ready money out of the daily customs of London, (from whence his first losses and sufferings sprang) and the other moiety to be discompted upon such goods as the petitioner shall make entries of by exportation or importation in the Custom House, London, until his debt with the interest be fully satisfied and paid; or any other speedy way, as in your grave wisdoms shall seem meet: and in like manner for his wife's debt, which is to pay debts and legacies: and that the petitioner may forthwith be restored to, and settled in the said office, and have reparations from the intruders. And the petitioner, with his, shall in all duty ever pray, &c. RICHARD CHAMBERS."

Sept. 6, 1654.
The petitioner being wearied out with 12

year's attendance upon one parliament, in hopes | subject, grew infirm; and being not relieved, of reparation for his imprisonment, troubles, was reduced to a low estate and condition. and losses, during the 11 years former interval He died in summer 1658, being about the age of parliament, in standing for the liberty of the ❘ of 70 years.

135. Proceedings in the Star-Chamber against Dr. ALEXANDER LEIGHTON, for a Libel: 6 CHARLES I. A. D. 1630.

["The following report of this Case is extracted from 2 Rushworth, 55. Mrs. Macaulay, in her history, comments on the proceedings against Dr. Leighton with great severity. 2 Macaul. Hist. 91. Indeed, the cruelty of the Sentence is beyond excuse." Hargrave.] AN Information formerly exhibited in the Star-Chamber against Alexander Leighton, a Scotsman born, and a doctor of divinity, came to be heard the 4th of June in the court of Star-Chamber, for framing a book entitled, 'An Appeal to the Parliament, or a Plea against Prelacy, which he printed and published, during the sitting of the last parliament: and delivered it to diverse persons in a way of presenting just complaints (as he gave out to the then commons house of parliament, 4 Car. 1,

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ham; and to encourage others to second him in the like wicked and desperate attempt, to 'the destruction of others.

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8. "He layeth a most seditious scandal upon the king, state, and kingdom, wickedly affirming, that all that pass by us spoil us, and "we spoil all that rely upon us;' and amongst 'other particulars, instanceth the black pining 'death of the famished Rochelers, to the num'ber of 15,000 in four months: by which pas6 sages and wicked positions and assertions, he did, as much as in him lay, scandalize his ma'jesty's sacred person, his religious, wise and just government, the person of his royal consort the queen, the persons of the lords and 'peers of this realm, especially the reverend bishops.

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9. That in another place of the said Book, The defendant was charged by the said In- ' endeavouring to slander not only his majesty's formation with framing, publishing, and dis-sacred person and government, but also to persing a scandalous book against King, Peers, and Prelates, wherein amongst other things he sets forth these false and seditious assertions and positions following:

1. "That we do not read of greater perse'cution and higher indignity done upon God's people in any nation professing the gospel, than in this our island, especially since the 'death of queen Elizabeth.

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2. "He terms the Prelates of this realm "men of blood,' and enemies to God and the state, and saith, that the maintaining and establishing of bishops within this realm is a 'main and master sin established by law, and that ministers should have no voices in coun'cil deliberative and decisive.

3. "He avowed the prelacy of our Church 'to be'antichristian and satanical;' and terms 'the bishops, ravens and magpies,' that prey upon the state.

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detract from his royal power, in making laws ' and canons for government ecclesiastical, and in matters concerning the church, he saith, that the church hath her laws from the scripture, and that no king may make laws in the 'house of God: for if they might, then the scripture might be imperfect.

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10." And further charged, that in another place of the said book, thinking to salve all 'with an expression of his sacred majesty, he hath these words following; what pity it is aud indelible dishonour it will be to you the states representative, that so ingenuous and tractable a king should be so monstrously "abused, to the undoing of himself and his ""subjects?"

The defendant in his Answer confessed the writing of the Book, but with no such ill intention, as by the said information is suggested; his end therein being only to remonstrate certain Grievances in church and state, under which the people suffered, to the end the parliament might take them into consideration, and so give such redress, as might be for the honour of the king, the quiet of the people, and the peace of the church.

At the hearing of the cause (June 4), the defendant's Answer was read at large, and the aforesaid particulars charged in the Information as seditious and scandalous, were also read out of the Book. After which the court proceeded to give Sentence, and did there declare, that it evidently appeared upon proof, That the defendant had printed 5 or 600 of the said books, and that in their opinions he had committed a most odious and heinous offence, deserving the severest punishment the court could inflict, for

framing and publishing a book so full of most pestilent, devilish and dangerous assertions, to the scandal of the king, queen and peers, especially the bishops.

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great fine to his majesty, and to undergo cor'poral punishment, for writing, printing, and publishing a very libellous and scandalous book against the king, and his government, hath this 11th day of November escaped out of the prison of the Fleet, where he was a prisoner: these are in his majesty's name to require and command all justices of peace, mayors, sheriffs, bailiffs, customers, searchers and officers of the ports, and all other his ma

The two Lord Chief Justices being present, delivered their opinions, that they would without any scruple have proceeded against the defendant as for treason committed by him, if it had come before them; and other lords expressly affirmed, that it was his majesty's excceding great mercy and goodness, that he wasjesty's loving subjects, to use all diligence for brought to receive the censure of this court, and not questioned at another tribunal as a traitor.

And their lordships by an unanimous consent adjudged and decreed, That Dr. Leighton should be committed to the prison of the Fleet, there to remain during life, unless his majesty shall be graciously pleased to enlarge him; and he shall pay a fine of 10,000l. to his majesty's

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the apprehending of the said Alexander Leighton; and being apprehended, safely to keep him in custody, until his majesty shall receive 'notice thereof, and shall give further direction concerning him. He is a man of low stature, fair complexion: he hath a yellowish beard, a high forehead, between forty and fifty years of age.'

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This hue and cry followed him to Bedfordshire, where he was apprehended, and brought again a prisoner to the Fleet. Concerning whose escape, and executing of the Sentence upon him aferwards, the bishop of London in his Diary, on the 4th of Noveniber, makes this memorial, viz.

And in respect the defendant bath heretofore entered into the ministry, and this court for the reverence of that calling, doth not use to inflict any corporal or ignominious punishment upon any person, so long as they continue in orders, the court doth refer him to the High- Leighton was degraded at the High-Comcommission, there to be degraded of his minis-mission, Tuesday the 9th of November; try; and that being done, he shall then also for further punishment and example to others, be brought into the pillory at Westminster, (the court sitting) and there whipped, and after his whipping be set upon the pillory for some convenient space, and have one of his ears cut off, and his nose slit, and be branded in the face with a double SS, for a Sower of Sedition; and

that night Leighton broke out of the Fleet, the warden says he got or was helped over the wall, and moreover professed he knew 'not this till Wednesday noon, he told it not 'me till Thursday night. He was taken again in Bedfordshire, and brought back to the Flect, within a fortnight. Friday November the 16th, part of his sentence was exc

shall then be carried to the prison of the Fleet,cuted upon him in this manner, in the new

and at some other convenient time afterwards shall be carried into the pillory at Cheapside, upon a market-day, and be there likewise whipt, and then be set upon the pillory, and have his other ear cut off, and from thence be carried back to the prison of the Fleet, there to remain during life, unless his majesty shall be graciously pleased to inlarge him.

This Sentence being given toward the end of Trinity-term, and the court not usually sitting after the term, unless upon emergent occasions, and it requiring some time in the Ecclesiastical court, in order to the degradation of the defendant, it was Michaelmas-term following before any part of the Sentence could be put in execution; but Nov. 4th he was accordingly degraded, and on Wednesday Nov. 10th (being a Star-Chamber day) he was to have undergone the execution of this sentence; but the evening before he escaped out of the Fleet, where he had been kept a close prisoner, and information hereof being given to the lords of the privy-council, they ordered this hue and cry to be printed to retake him.

A Hue and Cry against Dr. Leighton, by order

of the Privy-Council.

Whereas Alexander Leighton, a Scottish 'man born, who was lately sentenced by the honourable court of Star-Chamber, to pay a

VOL. III.

palace at Westminster, in term time: 1. He was severely whipt before he was put in the pillory. 2. Being set in the pillory, he had one of his ears cut off. 3. One side of his nose slit. 4. Branded on one cheek with a 'red hot iron, with the letters S S, signifying a Stirrer up of Sedition, and afterwards carried back again prisoner to the Fleet, to be kept in close custody.

And on that day seven-night, his sores upon 'his back, ear, nose, and face being not cured, he was whipt again at the pillory in Cheap'side, and there had the remainder of his sentence executed upon him, by cutting off the ' other ear, slitting the other side of the nose, and branding the other cheek.'

The severe punishment of this unfortunate gentleman many people pitied, he being a person well known both for learning, and other abilities; only his untempered zeal (as his countrymen then gave out) prompted him to that mistake, for which the necessity of affairs at that time required this severity from the hand of the magistrate, more than perhaps the crime would do in a following juncture.

Afterwards those who procured his escape were taken and brought into the Star-Chamber, and proceeded against, viz. The defendants practising with one Leighton, a notable of fender, to procure his escape out of the Fleet,

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Levingston put off his cloak, hat and breeches, being all of a grey colour, and Anderson his doublet, and Leighton put theirs on, and in that disguise they all went out of the Fleet unsuspected; but were afterwards taken again, and for these offences, and respect had of their penitency, they were only fined 500l. a-piece,

and committed to the Fleet during the king's pleasure *.

ceedings against Dr. Leighton. Particularly, they resolved, that the fine and corporal punishment and imprisonment by the sentence of the Star-Chamber were illegal, and that he ought to have satisfaction for his sufferings and "In 1641 the house of commons came to damages. Journ. Comm. 21 April 1641." several Resolutions in condemnation of the pro- | Hargrave.

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136. Proceedings in the Star-Chamber against the Earl of BEDFORD, the Earl of CLARE, the Earl of SOMERSET, Sir ROBERT COTTON, JOHN SELDEN, esq. OLIVER ST. JOHN, esq. and others, for publishing a seditious and scandalous Writing: 26th May, 6 CHARLES I. A. D. 1630. [Rushw. Hist. Coll. Tanner's MSS. in the Bodleian Library.]

["The written piece, which gave occasion to these Proceedings, was a most unconstitutional Project for advancing the king's Prerogative and Revenue. It appears to have been sent over from Italy by the famous sir Robert Dudley, son of queen Elizabeth's favourite the earl of Leicester; and sir Robert is supposed to have been the author; though if that was really so, it highly reflects on one, who on other accounts is transmitted to us with high encomiums for his mental endowments and accomplishments, as the reader will see by consulting sir William Dugdale. See 2 Dugd. Baron. 222. It is probable, that the prosecution was commenced, in order to exculpate both James and Charles

the first, with their respective ministers, from the imputation of approving of the Project. It may seem surprizing to the reader, that such persons as Mr. Selden, and the other defendants named, except the earl of Somerset, should lie under a suspicion of countenancing Propositions so irreconcileable with their political professions and conduct at the time. But, as there can be no reason for supposing that they gave their approbation to such arbitrary proposals, perhaps they were included in the prosecution from a suspicion of having encouraged a belief, that the king secretly favoured the scheme and meditated to execute it. On consulting the Book intitled the "Annals of James and

* On this matter Kennet thus expresses him- original manuscript was peuned by sir Robert self, "On the same day [May 29, 1630; on Dudley, at Florence, and sent over hither in which he just before mentions that the prince, the time of king James, by one Mr. Tates, who afterwards king Charles 2. had been born] sent it in a letter to the deponent, and he dea great cause was brought to hearing in the livered it to the earl of Somerset, and the earl Star-Chamber concerning a Discourse, intituled, communicated it to the king.-While this cause A Proposition for his Majesty's Service to bridle was hearing in a great presence of the nobi the Impertinency of Parliaments,' which had lity and gentry, the king sent word to the Lord given so much offence and jealousy about the Keeper, "that in respect of the great joy upon time of the last dissolution, that the king or the birth of his son, he should immediately dered his Attorney-General to prefer an in-order the proceedings to be stopped and the formation against the earls of Bedford, Clare, defendants to be discharged." Accordingly, and Somerset, sir Robert Cotton, Mr. Selden, the keeper acquainted the court with his maMr. St. John, and others, for spreading thejesty's special command, and upon which the said libel. The earl of Somerset by his counsel said writing was ordered to be burned, as sedipleaded that this discourse was either the same tious, and scandalous, and the proceedings were that was shewed him in the time of his attend-taken off the file. And here, though the proance upon his late majesty king James, or hadject was proved to have been a private essay the same things in it, and finding no cause of in a former reign, and in a foreign country, concealing such a former project, and imagining it to be of no scandal to the present government, he had casually imparted it to the earls of Bedford and Clare, who after perusal thereof, delivered this opinion of it at their next meeting, that it was a fantastic project of some brain-sick traveller, who had made col'lections of some princes in Italy, and other foreign states, no way suitable to the government of this kingdom.' And upon the depositions of sir David Fowlis, it appeared that the very

and though the stopping of process hereupon was a generous act of favour, upon a proper season of public joy, yet those persons who had the art, and the ill-nature, to turn every thing as a disgrace and a disadvantage upon the court, knew how to insinuate as if the king and the ministry had really formed that scheme against the use of future parliaments, and therefore would not suffer it to be examined to the bottoin."

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