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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 corporal 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 defeudant 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

use.

"the apprehending of the said Alexander Leigh'ton; 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 November, makes this memorial, viz.

And in respect the defendant hath 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 aud 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 S S, 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 Fleet, within a fortnight. Friday November the 16th, part of his sentence was exe

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.

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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 car, slitting the other side of the nose, and branding the other cheek.'

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 The severe punishment of this unfortunate a Star-Chamber day) he was to have under-gentleman many people pitied, he being a pergone 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.

son 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 band 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 5007. 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 damages. Journ. Comm. 21 April 1641."

"In 1641 the house of commons came to several Resolutions in condemnation of the pro- | Hargrave.

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 coun tenancing Propositions so irreconcilcable 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 penned 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 ma Mr. St. John, and others, for spreading the jesty'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 bottom."

Charles the First," we observe that the author adopts a like construction, adding that the piece in question was written by sir Robert Dudley at Florence, in 1613. See p. 361.-We shall now lay before the reader, first the writing which was the cause of the Prosecution; and secondly the account of the Proceedings in the Star-Chamber; for both of which we are obliged to Mr. Rushworth." Hargrave.]

Extract from Rushworth's Appendix to his

Historical Collections, vol. 1. p. 12. A PROPOSITION FOR HIS MAJESTY'S SERVICE TO BRIDLE THE IMPERTINENCE OF PAR

LIAMENTS.

THE Proposition for your majesty's service, containeth two parts: the one to secure your State, and to bridle the Impertinency of Parliaments: the other, to increase your majesty's Revenue, much more than it is.

1. Touching the first, having considered divers means, I find none so important to strengthen your majesty's regal authority, against all oppositions and practises of troublesome spirits, and to bridle them, than to fortify your king. dom, by having a fortress in every chief town, and important place thereof, furnished with ordnance, munition, and faithful men, as they ought to be, with all other circumstances fit for to be digested in a business of this nature; ordering withal, the trained soldiers of the country to be united in one dependency with the said fort, as well to secure their beginning as to succour them in any occasion of suspect; and also to retain and keep their arms for more security, whereby the countries are no less to be brought in subjection, than the cities themselves, and consequently the whole kingdom; your majesty having by this course the power thereof in your own hands. The reasons of the suggests are these. 1. That in policy, there is a greater tie of the people by force and necessity, than merely by love and affection; for by the one, the government resteth always secure; but by the other, no longer than the people are contented. 2. It forceth obstinate subjects to be no more presumptuous, than it pleaseth your majesty to permit them. 3. That to leave a state unfurnished, is, to give the bridle thereof to the subjects; when, by the contrary, it resteth only in the prince's hands. 4. That modern fortresses take long time in winning, with such charge and difficulty, as no subjects in these times have means probable to attempt them. 5. That it is a sure remedy against rebellion, and popular mutinies, or against foreign powers; because they cannot well succeed, when by this course the apparent means is taken away to force the king and subject upon a doubtful fortune of a set battle, as was the cause that moved the pretended invasion against the land, attempted by the king of Spain in the year 1588. 6. That your majesty's government is the more secure, by the people's more subjection; and by their subjection, your parliament must be forced conse

quently to alter their style, and to be conformable to your will and pleasure; for their words and opposition import nothing, where the power is in your majesty's own hands, to do with them what you please; being indeed the chief purpose of this discourse, and the secret intent thereof, fit to be concealed from any English at all, either counsellors of state or other.

For these, and divers other weighty reasons, it may be considered in this place, to make your majesty more powerful and strong, some orders be observed, that are used in fortified much as the states themselves, I mean, in times countries, the government whereof imports as of doubt or suspect, which are these. Impri mis, that none wear arms or weapons at all, either in city or country, but such as your majesty may think fit to privilege, and they to be enrolled. 2. That as many highways as conveniently may be done, be made passable through those cities and towns fortified, to constrain the passengers to travel through them. 3. That the soldiers of fortresses be sometimes cho-en of another nation, if subject to the same prince; but howsoever, not to be born in the same province, or within 40 or 50 miles of the fortress, and not to have friends or correspondency near it. 4. That at all the gates of each walled town be appointed officers, not to suffer any unknown passengers to pass, without a ticket, shewing from whence he came, and whither to go. And that the gates of each city be shut all night, and keys kept by the mayor or governor. 5. Also innkeepers to deliver the names of all unknown passengers that lodge in their houses; and if they stay suspiciously at any time, to present them to the governor: whereby dangerous persons seeing these strict courses, will be more wary of their actions, and thereby mischievous attempts will be prevented. All which being referred to your majesty's wise consideration, it is meet for ine withal to give you some satisfaction of the charge and time to perform what is purposed, that you may not be discouraged in the difficulty of the one, or prolongation of the other; both which doubts are resolved in one and the same reason, in respect that, in England, each chief town commonly hath a ruinated castle, well seated for strength, whose foundation and stones remaining, may be both quickly repaired for this use, and with little charge and industry made strong enough, I hope, for this purpose, within the space of one year; by adding withal bulwarks and rampiers for the ordnance, according to the rules of fortification. The ordnance for these forts may be of iron, not to disfurnish your majesty's navy, or be at a greater charge than is needful.

To maintain yearly the fort, I make account an ordinary pay, 3,000 men will be sufficient, and will require 40,000l. charge per annum, or thereabouts, being an expence that inferior princes undergo, for their necessary safety. All which prevention, added to the invincible seaforce your majesty hath already, and may have, will make you the most powerful and obeyed king of the world: which I could likewise con

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omit for brevity, requiring a long discourse by itself, and have set it down in particular instructions to inform your majesty.

2. The second part of this discourse is, touching your majesty's profit, after your state is secured: wherein I should observe both some reasonable content to the people, as also consider the great expences that princes have now-a-days, more than in times past, to maintain their greatness, and safety of their subjects, who, if they have not wit or will to consider their own interest so much indifferently, your majesty's wisdom must repair their defects, and force them to it by compulsion; but I hope there shall be no such cause, in points so reasonable, to increase your majesty's revenue, wherein I set down divers means for your gracious self to make choice of, either all or part at your pleasure, and to put it in execution by such decrees and cautions, as your great wisdom shall think fit in a business of this nature.

Imprimis, the first means or course intended to increase your majesty's revenues or profits withal, is of greatest consequence, and I call it a decimation, being so termed in Italy, where in some part it is in use, importing the tenth of all subjects estates, to be paid as a yearly rent to their prince, and as well monied-men in towns, as landed-men in the countries, their value and estates esteemed justly as it is to the true value, though with reason; and this paid yearly in money: which course applied in England for your majesty's service, may serve instead of subsidies, fifteens, and such like, which in this case are fit to be released, for the

firm by many examples, but I omit them for brevity, and not to confuse your majesty with too much matter. Your majesty may find by the scope of this discourse, the means shewed in general to bridle your subjects, that may be either discontent or obstinate. So likewise am I to conclude the same intent particularly, against the perverseness of your parliament, as well to suppress that pernicious humour, as to avoid their oppositions against your profit, being the second part to be discoursed on: and therefore have first thought fit, for better prevention thereof, to make known to your majesty the purpose of a general Oath your subjects may take, for sure avoiding of all rubs, that may hinder the conclusion of these businesses. It is further meant, that no subject, upon pain of high treason, may refuse the same oath, containing only matter of allegiance, and not scruples in points of conscience, that may give pretence not to be denied. The effect of the oath is this, that all your majesty's subjects do acknowledge you to be as absolute a king and monarch within your dominions, as among the Christian princes; and your prerogative as great; whereby you may and shall of yourself, by your majesty's proclamation, as well as other sovereign princes doing the like, either make laws, or reverse any made, with any other act so great a monarch as yourself may do, and that without further consent of a parliament, or need to call them at all in such cases; considering, that the parliament in all matters, excepting causes to be sentenced at the highest court, ought to be subject unto your majesty's will, to give the negative or affirmative conclu-subjects benefit and content, in recompence of sion, and not be constrained by their impertinencies to any inconvenience, appertaining to your majesty's regal authority; and this, notwithstanding any bad pretence or custom to the contrary in practise, which indeed were fitter to be offered a prince elected, without other right, than to your majesty, born successively king of England, Scotland, and Ireland, and your heirs for ever; and so received, not only of your subjects, but also of the whole world. How necessary the dangerous supremacy of parliament's usurpation is to be prevented, the example of Lewis the 11th, king of France, doth inanifest, who found the like opposition as your majesty doth, and by his wisdom suppressed it. And to the purpose here intended, which is not to put down altogether Parliaments and their authority, being in many cases very necessary and fit; but to abridge them so far, as they seek to derogate from your majesty's regal authority, and advancement of your greatness; the caution in offering the aforesaid Oath, may require some policy, for the easier passage at first, either by singular or particular tractation; and that so near about one time over the land, as one government may not know what the other intendeth; so it may pass the easier, by having no time of combination or opposition. There is another means also more certain than this, to bring to pass the oath more easily, as also your profit and what else pretended; which here I

the said decima, which will yield your majesty more in certainty, than they do casually, by 500,000l. per annum at the least.

Item, that when your majesty hath gotten money into your hands by some courses to be set down, it would be a profitable course to encrease your entrada, to buy out all estates and leases upon your own lands, in such sort, as they be made no losers; whereby having your lands free, and renting it out to the true value, as it is most in use, and not employed as heretofore, at an old rent, and small fines, you may then rent it out for at least four or five times more money than the old rent comes unto. So as if your majesty's lands be already but 60,000l. per annum, by this course it will be augmented at the least 200,000l. per annum : and to buy out the tenants estates will come to a small matter by the course, to make them no losers, considering the gain they have already made upon the land: and this is the rather to be done, and the present course changed, because it hath been a custom used merely to cozen the king.

Item, whereas most princes do receive the benefit of salt in their own hands, as a matter of great profit, because they receive it at the lowest price possible, and vent it at double gain yearly; the same course used by your majesty, were worth at least 150,000l. per annum. It is likewise in other parts, that all

weights and measures of the land, either in | private houses, shops, or public markets, should be viewed to be just, and sealed once a year, paying to the prince for it; which in England, applied to your majesty, with order to pay 6d. for the sealing of each said weight or measure, would yield near 60,000l. per annuın.

Item, though all countries pay a gabella for transportation of cloth, and so likewise in England; yet, in Spain, there is impost upon the wools, which in England is so great a wealth and benefit to the sheep-masters, as they may well pay you 5. per cent. of the true value at the shearing, which I conceive may be worth 140,000l. per annum.

Item, whereas the lawyers fees and gains in England be excessive, to your subjects prejudice: it were better for your majesty to make use thereof, and impose on all causes sentenced with the party, to pay 57. per cent. of the true value that the cause hath gained him; and for recompence thereof, to limit all lawyers fees and gettings, whereby the subject shall save more in fees and charges, than he giveth to your majesty in the gabella, which I believe may be worth, one year with another, 50,000l. Item, whereas the inns and victualling-houses in England are more chargeable to the travellers than in other countries, it were good for your majesty to limit them to certain ordinaries, and raise besides a large imposition, as is used in Tuscany, and other parts; that is, a prohibiting all inns and victualling-houses, but such as shall pay it; and to impose upon the chief inns and taverns, to pay 10/. a-year to your majesty, and the worst 51. per annum, and all ale-houses 20s. per annum, more or less, as they are in custom. Of all sorts there are so many in England, that this impost may well yield 100,000l. per annum to your majesty.

Item, in Tuscany, and other parts, there is a gabella of all cattle, or flesh, and horses sold in markets, paying three or four per cent. of what they are sold for, which by conjecture may be worth in England, 200,000l. per annum; using the like custom upon fish, and other victuals, (bread excepted) and for this cause, flesh, and fish, and victuals in the markets, to be prised and sold by weight, whereby the subject saveth more in not being cozened, than the imposition impaireth them.

Item, in Tuscany is used a taxation of 7 per cent. upon all alienation of lands to the true value. As also 7 per cent. upon all dowries, or marriage-monies. The like, if it be justly used in England, were worth at least 100,000l. per annum; with many other taxations upon meal, and upon all merchandises in all towns, as well as port-towns, which here I omit, with divers others, as not so fit for England. And in satisfaction of the subject for these taxes, your majesty may be pleased to release them of ward-hips, and to enjoy all their estates at 18 years old; and in the mean time, their profits to be preserved for their own benefit. And also in forfeitures of estate by condemnation, your majesty may release the subject, as not to

take the forfeiture of their lands, but their goods, high treason only excepted; and to allow the counsel of lawyers in case of life and death; as also not to be condemned without two witnesses, with such like benefit, which importeth much more their good than all the taxations named can prejudice them.

Item, some of the former taxations, used in Ireland and in Scotland, as may easily be brought about by the first example thereof used in England, may very well be made to increase your revenue there, more than it is, by 200,000/. per ann.

Item, all offices in the land, great and small, in your majesty's grant, may be granted, with condition, to pay you a part yearly, according to the value: this, in time, may be worth, as I conceive, 100,000l. per annum: adding also notaries, attornies, and such like, to pay some proportion yearly towards it, for being allowed by your majesty to practise, and prohibiting else any to practise in such places.

Item, to reduce your majesty's household to board-wages, as most other princes do, reserving some few tables; this will save your majesty 60,000l. per annum, and ease greatly the subject besides, both in carriages and provision, which is a good reason, that your majesty in honour might do it.

Item, I know an assured course in your majesty's navy, which may save at least 40,0007. per annum, which requiring a whole discourse by itself, I omit; only promise you to do it, whensoever you command.

Item, whereas your majesty's laws do command the strict keeping of fasting-days, you may also prohibit on those days to eat eggs, cheese, and white-meats, but only such as are contented to pay eighteen pence a year for the liberty to eat them, and the better sort ten shillings. The employment of this may be for the defence of the land, in maintaining the navy, garrisons, and such like, much after the fashion of a Crusado in Spain, as your majesty knoweth, being first begun there under the pretence to defend the land against the Moors. And the same used in England, as aforesaid, may very well yield, one year with another, 100,000l. without any disgust to any, because it is at every one's choice to give it or no. Lastly, I have a course upon the Catholics, and very safe for your majesty, being with their good-liking, as it may be wrought, to yield you presently at least 200,000l. per annum, by raising a certain value upon their lands, and some other impositions; which requiring a long discourse by itself, I will omit it here, setting it down in my instructions. It will save your majesty at least 100,000l. per annum, to make it pain of death and confiscation of goods and lands, for any of the officers to cozen you, which now is much to be feared they do, or else they could not be so rich; and herein to allow a fourth part benefit to them that shall find out the cożenage. Here is not meant officers of state, as the lord treasurer,' &c. being officers of the crown.

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