queen had no power to meddle with those | things of the church; for this authority was invested in the crown, and is still without the parliament. He that said per me reges regnant,' giveth this authority to the king. It is good to meet with growing evils, we know not how great a fire may be kindled with a small spark. I cannot therefore do otherwise, but agree to fine and censure him highly, having offended with so many circumstances of aggravation, as have been well opened by divers of your lordships before me; therefore my Sentence is, that I concur with my lord Cot-be uolawful and irreligious pictures of God the 'tington in all the parts of his Sentence.'

Lord Coventry, Lord Keeper of the great seal of England. This Cause, my lords, I doubt not will produce a good effect; for this great audience consisting of gentlemen from all parts of the kingdom, cannot but be satisfied that we think it not fit nor lawful to represent the Deity by picture, and consequently we condemn Romish superstition; and on the other side, that we are resolutely bent to maintain the government by the reverend Fathers of the Church, the bishops. And all this I think fit to be carefully expressed in drawing up the Sentence. This I must premise, that when I speak my conscience I be not mistaken, I am no worshipper of graven images; nor on the other side, am I of that peevish turbulent humour with others. For the Charges in the Bill, if they had been proved, I should for my part have trebled the Fine set by any of your lordships. There was never cause worse prosecuted, yet we are to consider how much standeth proved against the Defendant. The Prosecutor causeth the Information to be exhibited against this Defendant and ten others; but those ten are not so much as pressed to

answer.

First, to speak to those things that are not proved, but only charged upon him. 1. He is charged with Inconformity, therefore it was nocessary for him to discharge himself of it by his Proof, which he hath done, and no doubt remaineth in me to the contrary; for the prosecutor, though apt enough to charge him with this, yet he exhibiteth not a witness or interrogatory to prove it. 2. That he did this in Contempt of the Ecclesiastical Power, and contrary to the lord bishop's Act of Inhibition; but it is not proved he had any notice of it before the act was done, and therefore the oath of the party is to be believed: nay, there was no endeavour to prove it, so far as I see. And I like not so well Mr. Chancellor's moving the bishop to make an act to continue this Window, if it were for any other cause than to preserve the ecclesiastical jurisdiction. Mr. Chancellor should have done well to have declared this dislike and scandal to the Window to my, lord bishop of Saruin, and he, no doubt, would have removed it. I do not say the bishop or ecclesiastical judge is bound to give notice of his judicial acts in their ordinary proceedings in course of the ecclesiastical laws, and their own jurisdictions: But if you will charge a

man upon a contempt in a criminal court, as here you must, then prove he hath notice of the Inhibition: for else it is but ignorantia juris, which in the ordinary way will not excuse; and yet if it were ignorantia juris, I do not see but in so high a course of prosecution as in this court, it might in some cases diminish a fault : but this is ignorantia facti in this case. 3.That he did profanely demolish this Window, containing a representation of the Creation. This giveth occasion to look a little into the nature of these pictures; I conceive them to Father. Two of the Witnesses say they were idolatrous, and made to represent God the Fa ther; that it is God the Son's picture, there is no proof. I think that opinion of making the Image of God according to that of Daniel, calling God the Antient of Days, in the form of an antient man, is, as my lord of London hath said, erroneously grounded; and also to bring God as he appeared unto Daniel to be presented in the Creation, which was long before, is somewhat improper. 4. Then that Mr. Sherfield boasted of it, it is not proved that he did, and it is evident that he doth not boast of it.

Now for what is charged upon him, and sticketh, that under colour of the Vestry's Order, he did the same, and without the bishop of Sarum. And for an answer what Vestries are, I read not of a Vestry in our Book of Common-Law; I read much of church-wardens, and their doings. If it be a meeting of the minister, church-wardens and parishioners, it is a good meeting, and they may well deal in matters. of reparation, not reformation; and this is not derogatory from the authority of the bishop, but subordinate to it. But it may be through the neglect of the prelates, the vestries do encroach upon their government; and will be more disorderly, if they be not regulated. My lord of London did, in the beginning of this cause, well declare, that the archdeacon is magnus oculus episcopi;' it were fit for these to do their duties, and so such things should not be left to be done unto these men of the parish, I mean to these Vestry-men. Now, in the Vestry they make an order that this Window may be taken down by Mr. Sherfield. I do not say nor believe they have power to reform; yet he proveth by way of prescription for 69 years they have made reparations and meetings. But howsoever he doth not pursue his order; and this indeed was not discretion in him. But if he had taken down white glass, I do not see any reason why I should sentence him; this being not prosecuted in an ecclesiastical ordinary course. The council on both sides have carried themselves in the cause extremely well; and for their yielding it to be a parochial church, it is well done, and no fault is to be put on the party for his protestation; for I cannot think but when he made his Answer, he was of opinion it was a lay-fee, he sweareth it; and being he now confesseth it to be subject to the bishop, his fault is a great

deal the less, in as much as it now appeareth,
he doth not oppose the ecclesiastical authority,
I am glad to hear what I have heard this
day from my lords who have spoken, and from
my lords the reverend bishops. I say, it ap-
peareth that nothing hath fallen from them or
any here present, to allow the picturing of the
Deity, or the worshipping of images.
I am
much inclined to that opinion of Mr. Secretary
Cooke, That he be sentenced by way of Re-
prehension and Admonition; I hold fit that
he make his acknowledgment before my lord
bishop, and repair this broken Window in de-
L cent manner.' I am loth he should be put to
any heavy Fine, the rather because he hath
not been prosecuted in an ecclesiastical course;
therefore I give no Fine at all.

and five did give their voices to set a Fine; four of them set 500 marks, and one of them, viz. my L. C. J. Richardson, set 5007. which fine of 500l. was taken for the king, because according to the rules and orders of the court of Star-Chamber, when there is difference of fines in an odd, the king is to bave the middle fine. Therefore the Sentence of the court was, and is thus entered:

The Defendant being troubled in consci ence, and grieved with the sight of the pictures which were in a Glass-Window in the 'church of St. Edmond in New Sarum, one of 'the said pictures, to his understanding, being 'made to represent God the Father; did pro'cure an order to be made by the Vestry, 'whereof himself was a member, that the Win'dow should be taken down; so as the Defendant did, at his own charge, glaze it again

The Votes of the said lords and others of his majesty's privy-council, were thus disposed.with white glass: and by colour of this order, Nine agreed to set 1,000. Fine upon Mr.the Defendant, without acquainting the biSherfield the Defendant, and he should be put out of his place of Recorder, be bound to the good behaviour, and make open acknowledgment of his fault in the church of St. Edmonds, where the offence was done, and likewise in the cathedral church of Sarum, before the bishop there, and the deans and prebends of that church. And nine others, my LordKeeper's voice being one, agreed that he should not be disrecorded, that he should make Acknowledgment in private to the bishop of Sarum of the said offence, and in such manner, and before such persons as the said bishop of Sarum should think fit. And for the king's Fine, these were again divided; four, whereof my Lord Keeper was one, gave no Fine at all,

shop, or his chancellor therewith, got himself into the church, made the doors fast to him, and then, with his staff, brake divers holes in the said painted Window, wherein was de'scribed the Creation of the World; and for this offence committed, with neglect of epis copal authority, from whom the vestry derive their authority, and by colour of an order of vestry, who have no power to alter or reform any of the ornaments of the church, the De'fendant was committed to the Fleet, fined '500l. and ordered to repair to the lord bishop of his diocese, and there inake an acknowledgment of his offence and contempt, before such persons as the bishop would call unto him.''

6

142. Proceedings against WM. PRYNN,* esq. in the Star-Chamber, for Writing and publishing a Book intitled, "Histrio-mastix, "or a Scourge for Stage-Players," &c.; and also against MICHAEL SPARKES, for printing, and against WILLIAM BUCKNER, for licensing the said Book: 9 CHARLES I. A. D. 1632-3. [1 Clarendon's Hist. 73, 158. 2 Rushw. Coll. 220.] THE 7th of February 1632-3, Mr. William Prynn, utter-barrister of Lincoln's-Iun, was brought to the Star-Chamber; together with Michael Sparkes, William Buckner, and four

*«Mr. Willian Prynn now published his 'Histrio-Mastix' or Book against Stage Plays, licensed by the chaplain of archbishop Abbot; wherein, with very profuse collectious, he exposed the liberties of the stage, and condemned the very lawfulness of acting. In his way of writing he could not refrain from over-doing any subject and from many appearances of railing. And because the Court became now more addicted to these ludicrous entertainments, and the queen herself was so fond of the amusement that she had bore the part of a pastoral in her own royal person; therefore

other Defendants, upon Mr. Attorney Noy's Information; which being opened by Mr. Hudson of Gray's-Inn, did set forth, That about 8 Car. Reg. Mr. Prynn compiled and put in print this Treatise against Plays was suspected to be levelled against the practice of the court, and the example of the queen: and it was supposed an Innuendo, that in the Table of the Book this reference was put, Women actors noto'rious whores.' The Attorney-General prosecuted Prynn for this Libel in the Star-Chamber, where he was sentenced to imprisonment and ather penalties. The misfortune was, that bishop Laud was the instrument and abettor of this process against the Book and the Author, by shewing the book to the king, and pointing at the offensive parts of it; and then by em

20

a libellous volume, entitled by the name of Mr. Atkins of Lincoln's-Inn (afterwards a "Histrio-mastix,' against plays, masques, Judge in the court of Common-Pleas) opened dancings, &c. And although he knew well, Mr. Prynn's Auswer; That he the said Mr. that his majesty's royal queen, lords of the Prynn taking into his serious consideration the counsel, &c. were in their public festivals, and frequent resort of sundry sorts of people to other times, present spectators of some masques common Stage-Plays about the city of London; and dances, and many recreations that were and having read divers councils, laws and statolerable, and in themselves sinless, and so tutes of this and other realms, against the frepublished to be, by a Book printed in the time quenting of common stage-plays, and the judgof his majesty's royal father; yet Mr. Prynn, ment and opinion of several divines, and other in his Book, hath railed, not only against stage- antient authors, and divers English writers alplays, comedies, dancings, and all other exer- lowed by public authority, and his own judgcises of the people, and against all such as be- ment running with those; not intending to rehold them, but farther and particular against fiect, or to have relation to the king, queen, hunting, public festivals, Christmas-keeping, state, or government, or your lordships, did bonfires and maypoles; nay, against the about seven years ago, compile this book entidressing up of a house with green-ivy. And to tled Histrio-mastix; which is no more but a manifest his evil and mischievous design in collection of divers arguments and authorities publishing of this Libel, he hath therein written against common Stage-Plays. That about four divers incitements, to stir up the People to dis- years since, he did commit the same to Michael content, as if there were just cause to lay vio- Sparkes, one of the Defendants, to be comlent hands on their prince; and hath expressed mended to such persons as then had authority in many speeches against his majesty, and his to license books for the press. Sparkes did houshold, infamous terms unfit for so sacred a carry it to Mr. King, belonging to the late person. He hath cast an aspersion upon her Archbishop of Canterbury; and before he had majesty the queen, and railing and uncharitable perused this book, Mr. Buckner had authority censures against all christian people. He bath to allow of the books, to the press: Sparkes commended all those that are factious persons, brought this book to Mr. Buckner, who kept that have vented any thing in any book against it by him three months, in which time he did the state, as the factious Book of Dr. Leighton, fully peruse it. In the interim, he gave part of Jo. Mariana a jesuit, to draw the people from the book to Sparkes to print, and kept the rest his majesty's government, which is of most dan- till he had perused it, and said, that he should gerous consequence to the realm and state. have that also to the press. In October folHis Book is of above 1000 pages: and he dealt lowing, he carried this copy with the licence, with one Michael Sparkes for the publishing, and caused them to be entered into Stationers licensing, and printing thereof, who is a person Hall, and did compound with those that had that is a common publisher of unlawful and un- authority for the printing of this book. It was licensed books; and dealt also with Mr. Buck-printed publicly, and not secretly; and because ner, another Defendant, for the allowing of it there was some of the copies close written, he for the press; and with the other four Defen-caused these to be brought again to peruse, to dants to print part of it, and publish the same: and by this means this Volume was allowed and published, to the great scandal of the whole realm. And to have this punished according to the demerit of the cause, is the end of Mr. Attorney's Information.

ploying Dr. Heylyn to pick out all the virulent passages, and give the severest turn to them; and lastly, by carrying those Notes to the Attorney-General for matter of Information, and urging him earnestly to proceed against the Author: which though a prelate might do with sincere intention to suppress libelling, and to assert a respect to crowned heads; yet it was looked upon, by some serious men, as a giving countenance to the licentiousness and profaneness of the Stage, which ought rather to have heen reproved and restrained by a christian bishop." Kennet.

* «The Queen had acted a part herself, in a pastoral at Somerset-House: and this Book of Prynn's was shewed her as levelled at her, there being a reference in it, Women Actors notorious Whores; though in truth the book was published six weeks before the queen's acting." Whitlock's Mcm. p. 18.

the intent that he might not be deceived in them; and as he saw cause, corrected them accordingly. That in Easter-Term was twelvemouth, the Epistle, and the whole First Part of the Book was printed; and he had time to examine it between Easter-Term and Trinity, and then he did make such alterations as he saw cause, viz. in p. 711, &c. And afterwards the Second Part, and two sheets of the index of the book was likewise printed, and these were likewise brought to Mr. Buckner; so that the whole Book with the Index, was bound up about Christmas following, which was Christmas was a twelve-month. Mr. Buckner sent for Mr. Pryon, and the stationer was desirous that the Book might be published, and that he might send some volumes to him: but Mr. Buckner said, he could wish the word 'Pity,' in such a page might be left out; and I wish with Mr. Buckner, that Pity' might be added to every page of the Book. So when Mr. Prynn saw all this from him, that had licence to allow printed Books, he conceived it a sufficient warrant for his proceedings. And for that which is alledged in the Information, of Mr. Prynn's commending Dr. Leighton, for which the doctor received a Censure in this

Church-music he doth allow of; bowing at the name of Jesus: plays, music, and dancing, he doth esteem them just and lawful. And for those censures against ecclesiastical persons in this book, he doth, and ever did abhor and detest them. He confesseth he licensed part of the book, but never gave order to disperse the book; but when he heard it was published, he did endeavour to suppress it: and to the rest of the Information pleadeth Not Guilty.

court, in the quotation whereof, viz. his Book, and of others, he adhereth to their meaning so far as, and wherein they are agreeable to the law: and this book was printed long before Dr. Leighton was questioned in this court. And as for encouraging of others to be factious or seditious, he saith upon his oath, That he was so far from disloyalty, schism, or sedition, or neglect of the king, state, or government, that he hath with much joy, chearfulness, and thankfulness to God, ever acknowledged his, and the rest of the king's subjects happiness, by the peace we have under his majesty's happy government: and this Auswer and intention is sincere, though other construction be made thereupon. He saith, he hath taken his oath of Supremacy and Allegiance in the University and Inns of Court where he hath taken his degrees. That it never came into his thoughts to approve of Schism or Sedition: and if any thing in his Book, contrary to his meaning, hath a mis-construction towards his majesty's government, state, or your lordships, he doth prostrate himself at his majesty's royal feet, and crave pardon and grace. And he doth ap-court, that they would be pleased to commend peal to your lordships interpretations of those parts of his book: and doth withal desire your lordships favour, and to take it into your consideration, that he hath been a year prisoner in the Tower and this is the substance of his Answer.

:

Then, Mr. Noy, Attorney General, spake as followeth: This volume of Mr. Prynn's is written by himself, without the help of any man. There are passages in it that reflect upon the king, state, and government, &c. other things reflect upon the church and clergy; but for that there is no charge in the Information, which I did conceive fitter to be left out, and withal I received a command for the same: therefore finding the Church so deeply wounded by Mr. Pryno, I do leave her to avenge herself of him, and to inflict such punishment on him as he deserves. I shall be an humble suitor to the

the prosecution of those things that concern the Church to the High Commission. There are divers particulars wherewith he is not charged within the Information by way of crime, and so it is not proper now to bring him into question for them. As for mentioning of Ceremo

Discipline of the Church; the complaint of new I hope the church will examine in due time; as also who he means by his modern innovators' in the church, and by cringing and ducking to

erected Altars: I wonder what Altars he means,

6

Altars,' a fit term to bestow upon the church; he learned it of the canters, being used among them. The Music in the church, the charita

་

Mr. Jenkins of Grays-Inn opened the An-nies, &c. of dedicating Paul's to Diana; of the swer for four of the Defendants. First, for the poor Widow he saith, for any manner of combination, or knowledge of this book, or of the contents of it, &c. she knoweth nothing. For the rest, they all say, They being illiterate, were not able to judge whether it were fit to pass the Press, or not; that the Book was licensed to be printed, allowed after it was print-ble term he giveth it, is, not to be a noise of ed, and before it was published, and it was entered in the Stationers-Hall, and the warden there allowed and subscribed it to be a book passable. The book hath been three years in the press. All this time was spent before it was printed: there were searches made during this time, and they came unto the pre-s. They saw the Book there in a public way, and not in corners, or privately printed, as is alledged in the Information; and it was printed and published, and some of the books sold by Sparkes and Sparkes saith, the printing of this book cost him almost 300l. and saith upon his oath, he sold not many books. And for the charge upon him, of being a common printer of unlawful books, he saith, He hath prospered in his calling; and some other stationers having an eye upon him for his thrift, have envied him in publishing of books, and leaveth it to my lords the bishops, to know what success he hath had in the High-Commission.

Mr. Lightfoot of Gray's-Inn opened Mr. Buckner's Answer. He saith, That he was chaplain to the late archbishop of Canterbury, and doth approve of the church without any seruple, and of all the ceremonies of England.

men, but rather a bleating of brute beasts; Choristers bellow the tenor, as it were oxen; 'bark a counter point, as a kennel of dogs; roar ' out a treble, like a sort of bulls: grunt out a 'bass, as it were a number of hogs :' his complaint for suppressing repetitions by way of Conventicles; all his general censure of all the bishops, and of all the clergy; they scorn to feed the poor; the silk and sattin divines: Christmas, as it is kept, is a devil's Christmas;' very charitable terms upon them of the church! nay, he doth bestow a great number of pages to make men affect the name of Puritan, as though Christ were a Puritan, and so he saith in his Index. Then concerning the Images in the Church, he speaketh against them, and putteth that now in print, which was contained in an Answer in this court. Also for the Sabbathday, whether to begin on Saturday night, and end on Sunday at six of the clock. These are things proper to the examination of the Church; and whatsoever becometh of the rest of the cause in this Court, yet I commend these things to the consideration of the Church. I wonder what the man means to bring these things under the title of Stage Plays; Pluralities under the

title of Stage Players. He had an end in it; he had an end in it.

Now concerning the Book itself: This Book, said Mr. Noy, it is the witness, it doh testify what was his intention, and by the Book he is to be judged. If it had been found in the street, and of Mr. Prynn's compiling, and brought to this court, and consideration taken of it, the court would proceed without a party against Mr. Prynn. And here Mr. Attorney recited a precedent of one that wrote a book, and it was brought to the council. It was demanded, who was the accuser? answer was made, the Book was the accuser: shill the heretic go unpunished? This Book it is Mr. Prynn's doing, he doth put his name to it, he swears that he did write it all.

Then for the time of compiling it; seven or eight years ago it was compiled, and it is grown seven times bigger than at the first. Mr. Pryun about eight years since, shewed it to Dr. Goade, who told him so good causes of dislike, that might make any reasonable man give it over. About seven years ago he came to Dr. Harris, to desire his opinion of the Book; and he told him it was unfit and unworthy to come to the press. In the Parliament time, before the year | 1630, he gave some part of it to be printed; but it came not to Mr. Buckner till long after. Sparkes said, he would print any thing in Parliament time.

Now we are to consider two things, from the first compiling and printing of this Book, to the last: First, how it grew in volume; for after it was delivered to the press, it hath grown up with divers things, which then were impossible to be known at that time, when it was delivered to the press; which appeareth by this.. In 1628 was the parliament, and in 1631 St. George began to look abroad into the world. This man bestows eight whole pages upon St. George, for being so bold to look out. He saith, that St. George the Arian was a Cappadocian, though born in Cilicia, a part or province of Cappadocia, &c. and that St. George's advocate was an Englishman, born in Gloucester; and that St. Basil the Great was bishop of Cæsarea in Cappadocia, the native country of St. George the Arian. Certainly he could not tell that St. George would then remove himself abroad, or in the country of Gloucester, &c., at that time: but this man did go on according to the occasion in 1628. A woman, in 1628, acted a part of a Stage Play at Black Fryers; he spends many pages about this.

We all know what time the dearth was, three years ago: he taketh occasion not to pass it over He maketh a long discourse of Plays, Masques, &c. in the late penurious times, how they were as expenceful as the wars were. This is to shew how by pieces it did grow bigger from time to time.

All Stage Players he terms them Rogues: In this he doth falsify the very act of parliament, for unless they go abroad, they are not rogues. The same terni he giveth unto Scholars acting. Mr. Prynn had a purpose, not only in this to

| fall upon Stage Plays, but upon the body of the Commonwealth; and to infuse it into men's minds, that we are now running into Paganism and Gentilism. He falleth upon those things that have not relation to Stage Plays, Music, Music in the Church, Dancing, New-year's Gifts, whether Witchery, or not. Witchery, Church Ceremonies, &c. indistinctly he falleth upon them; then upon Altars, Images, Hair of Men and Women, Bishops and Bonfires, Cards and Tables do offend him, and Perukes do fall within the compass of his theme. St. George never offended him; but all this is to the end to bring a belief among the people, that we are returning back again to Paganism. His end is therefore to persuade men to go and serve God in another country, as many are gone already, and set up new laws and fancies among themselves. Consider what may come of it.

It may be fit enough and lawful to write against Plays, by men that have a mission; and they must do their errand in mannerly terms, and in the same terms as other men expect to bear with them. Mr. Prynn had no mission to meddle with these things, to see whether men should not return to Gentilism; the terms which be useth are such as he finds among the oyster women at Billingsgate, or at the common conduit. He hath raked up all the vile terms that could be found.

Now to prove that this is Mr. Prynn's Book, read Mr. Prynn's Examination, Inter. 5th, (which being read, was to this effect,) That Mr. Prynn, without the help of any other, did write, pen and compile the whole book, called Histrio-mustir, and the Epistle before the Book, and the Index and Table following.

Now for the publishing of this Book, it doth appear by the Deposition of Dr. Goade, that about 8 years since, Mr. Prynn did bring a Book to him in writing, of about a quire of paper, concerning Stage-Plays, to have the same licensed, but he held it unfit to be allowed; and doth well remember, that as to his argument of the unlawfulness for a man to put on woman's apparel, he put Mr. Prynn this question; Suppose, Mr. Prynn, yourself, as a Christian, were persecuted by Pagans, think you not, if you did disguise yourself in your maid's apparel, you did well? who answered, That he thought himself rather bound to yield to death than to do so.

Dr. Harris also deposed, That about 7 years ago, Mr. Prynn came to him to license a Treatise concerning Stage-Plays, but he would not allow of the same. So this man did deliver this Book when it was young and tender, and would have had it then printed; but it is since grown seven times bigger, and seven times

worse.

Noy. We shall now prove when it went to the press. Read Austin the Stationer to Interrogatory the 28th, which being read, was to this effect; That the said book called Histriomastix, was given to this deponent, in or about the last parliament, at which time, seven sheets thereof were printed at this deponent's house;