to make submission.-And Osbaldston was sentenced to stand in the pillory in the Dean'syard, before his own school, and his ears to be only nailed to the pillory.”

It so happened, though the report was that Osbaldston was run away, that he was in Court standing in the croud at the Censure; and when he heard the said censure of some of the lords, he guessed the cause would go against him, and knowing the rule of the court, That if the warden should espy him in court, he might cominand his tipstaff to apprehend him; as soon as the major part of the court had past Censure upon him, although the Lord Keeper had not then given his sense; therefore he got out of court, went to his study at the school, burnt some papers, and writ on a paper, which he left on his desk, That if the archbishop enquire after me, tell him, I am gone beyond Canterbury.' Whereupon messengers were sent to the port-towns to apprehend him; but he lay bid in a private house in Drury-Lane, till the parliament met in November, 1640.*

passions could have transported him into the most unjustifiable actions. He had a faculty of making relations of things done in his own presence, and discourses made to himself, or in his own hearing, with all the circumstances of answers, and replies, and upon arguments of great moment; all which, upon examination, were still found to have nothing in them that was real, but to be the pure effect of his own invention. After he was sentenced in the StarChamber, some of his friends resorted to him, to lament, and condole with him for his misfortunc, and some of them seemed to wonder that in an affair of such a nature, he had not found means to have made some Submission, and Composition, that might have prevented the public hearing, which proved so much to his prejudice in point of reputation, as well as profit. He answered them with all the formality imaginable, That they had reason indeed to wonder at him upon the event; but when they should know how he had governed himself, he believed they would cease to think him worthy of blame.' And then related to them, That as soon as publication had passed Concerning this Bishop and this Case lord in his cause, and the books were taken out, he Clarendon writes thus: "Dr. Williams, as is had desired his council, who were all able said, was a man of a very imperious and fiery men, and some of them very eminent, in the temper; he had been Keeper of the Great Seal vacation time, and they at most leisure, to of England in the time of king James. After meet together, and carefully to look over, and his removal from that charge, he had lived 'peruse all the Evidence that was taken on both splendidly in his diocess, and made himself 'sides; and that then they would attend hina very popular amongst those who had no rever- such a morning, which he appointed upon ence for the court; of which he would fre'their consent, at his own house at Westminquently, and in the presence of many, speakster: That they came at the time appointed; with too much freedom, and tell many stories of things and persons upon his own former experience; in which, being a man of great pride and vanity, he did not always confine himself to a precise veracity and did often presume in those unwary discourses, to mention the person of the king with too little reverence. He did affect to be thought an enemy to the archbishop of Canterbury; whose person he seemed exceedingly to contemon, and to be much displeased wi hthos Ceremonies and Innovations, as they were then called, which were countenanced by the other; and had himself published, by his own authority, a Book against the using those Ceremonies, in which there was much good learning, and too little gravity for a bishop. His passion and his levity, gave every day great advantages to those who did not love him, and he provoked too many, not to have those advantages made use of: so that, after several Informations against him in the StarChamber, he was sentenced, and fined in a great sum of money to the king, and committed prisoner to the Tower, without the pity, or compassion of any, but those, who, out of hatred to the government, were sorry that they were without so useful a champion; for he appeared to be a man of a very corrupt nature, whose

* Some curious particulars, respecting this Case, are collected by Mrs. Macaulay, in the second volume of her History, p. 234 et seq.

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and being then shut up in a room together, he asked them, whether they had sufficiently perused all the Books, and were throughly informed of his Case? To which they all answered, that they had not only read them all over together, but had severally every man by himself perused them again, and they believed they were all well informed of the 'whole. That he then told them he had desired this conference with them, not only as his council, by whose opinion he meant to govern himself, but as his particular friends, who, he was sure, would give him their best advice, and persuade him to do every thing as they would do themselves, if they were in his condition. That he was now offered to 'make his peace at court, by such an humble 5 Submission to the king, as he was most inclined, and ready to make; and which he would make the next day after his cause was ' heard, though he should be declared to be inInocent, of which he could make no doubt; 'but that which troubled him for the present, was, that the infamousness of the Charge against him, which had been often exposed, and inlarged upon in several motions, had 'been so much taken notice of through the kingdom, that it could not consist with his 'honour to divert the hearing, which would be 'imputed to his want of confidence in his inno

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cence, since men did not suspect his courage, ' if he durst rely upon the other; but that he

transported him, that he had done all he could to have insinuated, that the court was ashamed of what they had done; and had

'to persuade him to that composition:' Upon which the king would never hear more any person who moved on his behalf.

"It had been once mentioned to him, whether by authority, or no, was not known, that 'his peace should be made, if he would resign his bishopric, and deanery of Westminster, for 'he had that in commendam, and take a good bishopric in Ireland; which he positively re'fused; and said, he had much to do to defend himself against the Archbishop here; but if he was in Ireland, there was a man, meaning 'the earl of Strafford, who would cut off his 6 bead within one month.'

'was resolved, as he said before, the next day 'after he should be vindicated from those 'odious aspersions, he would cast himself at the king's feet, with all the humility, and sub-prevailed with some of his powerful friends 'mission, which the most guilty man could 'make profession of. It was in this point he desired their advice, to which he would, without adhering to his own inclination, entirely 'conform himself; and therefore desired them, singly in order, to give him their advice.' He repeated the several, and distinct discourse every man had made, in which he was so punctual, that he applied those phrases, and expressions, and manner of speech to the several men, which they were all taken notice of frequently to use; as many men have some peculiar words in discourse, which they are most delighted with, or by custom most addicted to: and in conclusion, That they were unanimous in their judgments; that he could not, with the preservation of his honour, and the opinion of his integrity, decline the public hearing; where he must be unquestionably declared 'innocent; there being no crime, or misde'meanor proved against him in such a manner, ' as could make him liable to censure: they 'all commended his resolution of submitting to 'the king as soon as he had made his innocence 'to appears and they all advised him to pur'sue that method. This, he said, had swayed 'him; and made him decline the other expedi'ent, that had been proposed to him.'

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"This Bishop had been for some years in the Tower, by the Sentence of the Star-Chamber, before this parliament met; when the lords, who were the most active and powerful, presently resolved to have him at liberty. Some had much kindness for him; not only as a known enemy to the archbishop of Canterbury; but as a supporter of those opinions, and those persons, which were against the Church itself. And he was no sooner at liberty, and brought into the house, but he defended, and seconded the lord Say, when he made an invective with all the malice, and bitterness imaginable, against the archbishop then in prison; and when he "This relation wrought upon those to whom had concluded, that bishop said; that he had it was made, to raise a prejudice in them long known that noble lord, and had always against the justice of the cause, or the reputa- believed him to be as well affected to the tion of the council, as they were most inclined; church as himself;' and so he continued to whereas there was not indeed the least shadow make all his address to that lord, and those of of truth in the whole Relation; except that the same party. Being now in full liberty, and there was such a meeting, and conference, as in some credit, and reputation, he applied was mentioned, and which had been consented himself to the king; and made all possible proto by the bishop upon the joint desire, and im- fessions of duty to his majesty, and zeal to the portunity of all the council; who, at that church; protesting to have a perfect detesConference, unanimously advised and desired tation of those persons, who appeared to have him to use all the means and friends heno affection or duty towards his majesty, and could, that the cause might not be brought to ' of all evil intentions against the religion estahearing; but that he should purchase his 'blished; and that the civility he had expressed 'peace at any price; for that if it were heard, towards them, was only out of gratitude for he would be sentenced very grievously, and 'the good will they had shewed to him; and that there were many things proved against especially that he might the better promote bim, which would so much reflect upon his his majesty's service.' And it being his turn honour, and reputation, and the more for shortly after, as dean of Westminster, to preach being a bishop, that all his friends would before the king; he took occasion to speak of ‹ abandon him; and be for ever after ashamed the Factions in Religion; and mentioning the 'to appear on his behalf. Which advice, with Presbyterian Discipline, be sad, it was a gogreat passion, and reproaches upon the several vernment only fit for taylors and shoemakers, persons for their presumption, and ignorance in and the like: not for noblemen, and gentlematters so much above them, he utterly and men' which gave great scandal, and offence scornfully rejected Nor indeed was it posto his great patrons, to whom he easily reconsible, at that time, for him to have made his ciled himself, by making them as merry with peace; for though upon some former addresses, some sharp sayings of the court, and by per and importunity on his behalf by some persons forming more substantial offices for them. of power, and place in the court, in which the "When, upon the Trial of the earl of Strafqueen herself had endeavoured to have done ford, it was resolved to decline the judgment him good offices, the king was inclined to have of the house of peers, and to proceed by Bill saved him, being a bishop, from the infamy be of Attainder; and thereupon it was very unreas must undergo by a public Trial; yet the bi-sonably moved, That the bishops might have shop's vanity had, in those conjunctures, so far

no vote in the passing that act of parliament;

because they pretended it was to have their hand in blood, which was against an old 'cauon;' this bishop, without communicating with any of his brethren, very frankly declared his opinion, that they ought not to be present;' and offered, not only in his own name, but for the rest of the bishops, to withdraw always when that business was entered upon and so betrayed a fundamental right of the whole Order; to the great prejudice of the king, and to the taking away the life of that person, who could not otherwise have suffered.

long siege; because he might thereby the better enjoy the profits of his own estate, which lay thereabouts. Upon all these great services he had performed for the party, he grew every day more imperious; and after the king thought it necessary to make him archbishop of York, which, as the time then was, could not qualify him to do more harm, and might possibly dispose, and oblige him to do some good; he carried himself so insolently, in the house and out of the house, to all persons, that he became much more odious universally, than ever the other archbishop had been; having sure more enemies than he, and few or no friends, of which the other had abundance. And the great hatred of this man's person and behaviour, was the greatest invitation to the house of commons so irregularly to revive that Bill to remove the Bishops.".

"And shortly after, when the king declared, that he neither would, nor could in conscience, give his royal assent to that Act of Attainder; when the tumults came about the court with noise and clamour for justice; the lord Say desired the king to confer with his bishops for the satisfaction of his conscience; and desired him to speak with that bishop in Wilson, however, in his History of the Life. the point. After much discourse together, and and Reign of James the First, speaks very the king insisting upon many particulars, which favourably of him; and Hacket, bishop of might induce others to consent; but were Litchfield (who had been his chaplain) has known to himself to be false; and therefore left an ample and encomiastic account of his he could never in conscience give his own con- Life. He was eunuchus ab utero; yet Wilson sent to them; the bishop, as hath been men- tells us that his intimacy with the countess tioned before, amongst other arguments, told of Buckingham gave rise to scandal: he had him; that he must consider, that as he had a been chaplain to Bacon, from whom the Great private capacity, and a public, so he had a Seal being taken in May 1621, it was in July public conscience as well as a private; that following (having been held two months by though his private conscience, as a man, would commissioners) given to Williams, as Lord not permit him to do an act contrary to his Keeper. In the same month he was made own understanding, judgment, and consci- bishop of Lincoln. He held the seal somewhat ence; yet his public conscience, as a king, more than four years. From Lincoln, he was which obliged him to do all things for the translated to York in 1641, and he died in good of his people, and to preserve his king- 1650. He seems to have been of a rash and dom in peace for himself and his posterity, insolent, though servile, temper, and of selfish, would not only permit him to do that, but temporising and trimming political conduct. even oblige, and require him. That he saw For more respecting him, see the Note to in what commotion the people were; that his vol. 2, p. 1163, and the Case of the twelve own life, and that of the queen's, and the royal Bishops, A. D. 1641, post-Ile had preached issue, might probably be sacrificed to that king James's funeral sermon, and printed it' fury; and it would be very strange, if his with the title of "Great Britain's Solomón." "conscience should prefer the life of one single The text was 1 Kings, c. xi. ver. 41, 42, and private person, how innocent soever, before all part of 43. Of the Discourse Harris in his. those other lives, and the preservation of the Life of James gives some specimens, which will 'kingdom.' probably be sufficient for most readers. The "This was the argumentation of that un-flattery is at least as gross as might be expected; happy casuist; who truly, it may be, did believe himself; for towards the end of the war, and when the king's power declined; be, being then an archbishop, did in person assist the rebels to take a castle of the king's; in which there was a garrison, and which was taken by a

the style is pedantic, agreeably to the taste and practice of the time. The preacher exhibits sumcient powers of invention in his praises of the modern Solomon, and very considerable industry and ingenuity in the discovery of resemblances between him and his prototype..

147. Proceedings in the Case of SHIP-MONEY, between the KING and JOHN HAMPDEN,* esq. in the Exchequer, 13 CHARLES I.†

A. D. 1637.

The SPEECH of THOMAS Lord COVENTRY, Lord Keeper of the Great Seal of England, by command from his majesty, to all the Judges of Assize of England, in the Star Chamber, June 17, 1635.

MY Lords the Judges; The Term being done and ended, the Assizes are at hand you are to divide yourselves for your several circuits. Circuits are for the service of the king and the good

Mr. Hampden was a man of much greater Cunning, and it may be, of the most discerning spirit, and of the greatest address and insinua tion to bring any thing to pass which he desired, of any man of that time, and who laid the design deepest. He was a gentleman of a good extraction, and a fair fortune, who, from a life of great pleasure and licence, had on a sudden retired to extraordinary sobriety and strictness, and yet retained his usual chearfulness and affability; which, together with the opinion of his wisdom and justice, and the courage he had shewed in opposing the Ship-money, raised his reputation to a very great height, not only in Buckinghamshire, where he lived, but generally throughout the kingdom. He was not a mair of many words, and rarely begun the discourse, or made the first entrance upon any business that was assumed; but a very weighty speaker, and after he had heard a full debate, and observed how the house was like to be inclined, took up the argument, and shortly, and clearly, and craftily, so stated it, that he commonly conducted it to the conclusion he desired; and if he found he could not do that, he was never without the dexterity to divert the debate to another time, and to prevent the determining any thing in the negative, which might prove inconvenient in the future: He made so great a shew of civility, and modesty, and humility, and always of mistrusting his own judgment, and esteeming his with whom he conferred for the present, that he seemed to have no opinions or resolutions, but such as he contracted from the information and instruction he received upon the discourses of others, whom he had a wonderful art of governing, and leading into his principles and inclinations, whilst they believed that he wholly depended upon their counsel and advice. No man had ever a greater power over himself, or was less the man that he seemed to be, which shortly after appeared to every body, when he cared less to keep on the masque." Lord Clarendon.

To which, when relating the circumstance of his death, he adds:

"He was a gentleman of a good family in Buckinghamshire, and born to a fair fortune, and of a most civil and affable deportment. In his entrance into the world, he indulged to

of the people; they are the execution of the king's laws, and administration of justice. In the Term, the people follow and seek after Justice; but in the Circuit, Justice followeth and seeketh after the people. So gracious is the frame and constitution of the king's government, that twice a year, at the least, Justice followeth the subjects home to their own doors; which, as it is a great ease to the trouble, charge, and travail of the country, so it giveth the peohimself all the licence in sports and exercises, and company, which were used by men of the most jolly conversation. Afterwards, he retired to a more reserved and melancholy society, ye preserving his own natural chearfuluess, and vivacity, and above all, a flowing courtesy to all men; though they who conversed nearly with him, found him growing into a dislike of the Ecclesiastical Government of the Church, yet most believed it rather a dislike of some churchmen, and of some introducements of theirs, which he apprehended might disqu'et the public peace. He was rather of reputation in his own country, than of public discourse, or fame in the kingdom, before the business of Ship-money: but then he grew the argument of all tongues, every man enquiring who, and what he was, that durst, at his own charge, support the liberty and property of the kingdom, and rescue his country, as he thought, from being made a prey to the court. His carriage, throughout this agitation, was with that rare temper and modesty, that they who watched him narrowly to find some advantage against his person, to make him less resolute in his cause, were compelled to give him a just testimony. And the judgment that was given against him, infinitely more advanced him, than the service for which it was given. When this parliament begun, being returned knight of the shire for the county where he lived, the eyes of all men were fixed upon him, as their Patria Pater, and the pilot that must steer the vessel, through the tempests, and rocks which threatened it. And I am persuaded, his power and interest, at that time, was greater to do good or hurt, than any man's in the kingdom, or than any man of his rank hath had in any time: for his reputation of honesty was universal, and his affections scemed so publicly guided, that no corrupt, or private ends could biass them.-He was of that rare affability, and temper in debate, and of that seeming humility and submission of judgment, as if he brought no opinion of his own with him, but a desire of information, and instruction; yet he had so subtle a way of interrogating, and, under the notion of doubts, insinuating his objections, that he infused his own opinions into those from whom he pretended to learn, and receive

ple a better knowledge of Justice; and the end | equal right between poor and rich; the partiof it, that they may bless God and the king for the same.

It hath been the custom, that before your Circuit you should receive such Directions as the king, or his council, thinks seasonable to impart unto you, for the service of the king and weal of the people: In the declaring whereof, I shall say little of the just acts you are to do between party and party, only that you do

culars are left unto yourselves, as they happen in your Circuits. But since you are sent by the king to hear the causes of the people, it is his majesty's pleasure, that you so hear and order the same, that they may have no cause to complain to his majesty either for denial or delay of justice.

Of the Trial of capital offenders, I shall say as little; that part of Justice moveth in a frame, troubles, he undertook the command of a regiment of foot, and performed the duty of a colonel, upon all occasions, most punctually. He was very temperate in diet, and a supremie governor over all his passions, and affections, and bad thereby a great power over other mens. He was of an industry and vigilance not to be tired out, or wearied by the most laborious; and of paris not to be imposed upon, by the most subtle, or sharp; and of a personal courage equal to his best parts; so that he was an enemy not to be wished wherever he might have been made a friend; and as much to be

could deserve to be. And therefore his death was no less pleasing to the one party, than it was condoled in the other. In a word, what was said of Cinna, might well be applied to him; he had a head to contrive, and a tongue to persuade, and a hand to execute, any mischief.' His death therefore seemed to be a great deliverance to the nation." Lord Cla

them. And even with them who were able to preserve themselves from his infusions, and discerned those opinions to be fixed in him, with which they could not comply, he always left the character of an ingenious, and conscientious person. He was indeed a very wise man, and of great parts, and possessed with the most absolute spirit of popularity, and the most absolute faculties to govern the people, of any man I ever knew. For the first year of the parliament, he seemed rather to moderate, and soften the violent and distempered humours, than to inflame them. But wise and dispassioned men plainly discerned, that that mode-apprehended where he was so, as any man ration proceeded from prudence, and observation that the season was not ripe, rather than that he approved of the moderation; and tha he begot many opinions, and motions, the edu- | cation whereof be committed to other men; so so far disguising his own designs, that he seemed seldom to wish more than was concluded; and in many gross conclusions, which would hereafter contribute to designs not yet set on foot, when he found them sufficiently backed by majority of voices, he would withdraw himself before the question, that he might seem not to consent to so much visible unreasonab'e- | ness; which produced as great a doubt in some, as it did approbation in others, of his integrity. What combination soever had been originally with the Scots for the invasion of England, and what farther was entered into afterwards in favour of them, and to advance any alteration of the government in parliament, no man doubts was at least with the privity of this gentleman.

"After he was among those members accused by the king of High Treason, he was much altered; his nature and carriage seeming much fiercer than it did before." [Upon this passage Mr. Laing has a very shrewd observation in relation to the character of king Charles, and the sentiments respecting him which bis conduct had inspired.] "And without question, when he first drew his sword, he threw away the scabbard; for he passionately opposed the overture made by the king for a treaty from Nottingham, and as eminently, ad expedients that might have produced any accommodations in this that was at Oxford; and was principally relied on, to prevent any infusions which might be made into the earl of Essex towards peace, or to render them ineffectual, if they were made; and was indeed much more relied on by that party, than the general himself. In the first entrance into the

rendon.

"Our greatest news here now is that we have a new Attorney General (William Noy), which is news indee, considering the humour of the man, how he hath been always ready to entertain any cause whereby he might clash with the prerogative, but now, as Judge Richardson told him, his head is full of Proclamations and devices how to bring Money into the Exchequer. He hath lately found out among the old Records of the Tower some precedents for raising a Tax called Ship Money in all the port towns when the kingdom is in danger." James Howell's Letters, 248, R. 1, sect. 6, letter xi, to sir Arthur Ingram, dat. Jan. 30, 1633 (1634). Other particulars of this Noy occur in other letters of Howell. Some mention of him as a lawyer was made by Thurlow C. and Buller J. in the Case of the bishop of London 7. Disney Fytche in Dom. Proc. 178. (See Cunningham's Law of Simony.) " Mr. Noy," savs Selden, (Table Talk) "brought in Ship Money first for maritime towns, but that was like putting in a little auger that afterwards you may put in a greater. He that pulls down the first brick does the main work; afterwards it is easy to pull down the wall." On the office of Attorney General and the operation of the office upon the character and conduct of the officer, some observations will be found in the Case of Rex v. Horne. a. D. 1777. post.

"The Narrow Seas were at this time" (says Kennett) "infested with Pirates of all the