don) whither a woman, by her will, will allow Mr. Prynn's Work to be sent. 2. For Mr. Buckner, I believe that he had no intention at all this Work should come abroad; he is said to be a conformable man to the church of England: I shall hardly censure him, he deserveth admonition. 3. For Sparkes, I concur in all things: The feodary had his office taken away from him by this Court; I see therefore no reason but that he may be barred from printing and selling of Books and kept wholly to binding of books. The Sentence against Mr. Prynn was executed the seventh and tenth days of May following.† * prisonment, as those monsters, that are no * 2 Rushw. Coll. p. 248. "It was a softer answer" says Kennett, "to Mr. Prynn's Book against Plays and Actings, that about the beginning of November, [1633] to congratulate the king's return, and divert his royal consort, the four Inns of Court, by some of their principal members, offered a splendid Masque to be performed by their Societies jointly, as an expression of their love and duty to their majesties. The offer was very graciously accepted; and upon consult and order of the Benchers, was very nobly performed at Whitehall on Shrove-Tuesday Feb. 18th, and again at Merchant-Tayler's-Hall, where the king, queen, and court, were magnificently 143. Proceedings in the Star-Chamber against Sir DAVID FOWLIS, Sir THOMAS LAYTON, and HENRY FOWLIS, esq. on a Charge of opposing the King's Service, and traducing his Officers of State; Hilary 9 CHARLES I. A. D. 1633. [2 Rushw. Coll. p. 215.] the 6th, 7th, and 8th years of his majesty's reign, ["The prosecution was apparently promoted directed to the lord viscount Wentworth, and by lord Wentworth, afterwards the famous to divers other lords, knights, and gentlemen of earl of Strafford. It produced disagreeable the best and principal rank and quality in those consequences to the earl; for on the Trial northern parts, who were thereby authorized of his Impeachment for Treason, sir Da- for the more ease of the country, to treat, comvid Fowlis, and sir Thomas Layton, two of mune, and compound with all and singular his the Defendants in this case, were material highness's subjects of the city and county of witnesses against bis lordship on the second York, and other northern counties therein parArticle of the Impeachment; both swearing ticularly expressed, as would make fine with his to having heard him use those emphatically majesty for their contempts in not attending threatening words to some, justices of the his majesty's coronation, to have taken the order peace, that the king's little finger should of knighthood, as they ought to have done; be heavier than the loins of the law.' See and the said lord viscount Wentworth was by 8 Rushworth, 149, 154." Hargrave.] express letters from his majesty in that behalf IN the month of February in Hilary Term, specially appointed to be collector: and albeit 1633, upon an Information in the Star Cham- the said sir David Fowlis had received many ber against sir David Fowlis, sir Thomas Lay-gracious favours both in honour and profit, as ton, and Henry Fowlis, esq. defendants, the cause came to a hearing. well from king James, as his now majesty, which might justly have incited and stirred him The Information being opened to the court the same; nevertheless the said sir David Fowlis up to all dutiful and grateful thankfulness for was to this effect: That whereas several Commissions had issued lately out of his majesty's court of Exchequer in most undutifully, and ingratefully, did not regard the same, but harboured some secret discoutentment, and ill affection in his heart; for whereas the said lord viscount Wentworth, and other his majesty's commissioners, carefully and dutifully intended the due execution of his highness's said commissions, and had by virtue thereof summoned, and given notice to Ralph Ewre, James Penniman, esquires, and sundry others dwelling and inhabiting near unto the said sir David Fowlis, to attend the said commissioners at the said city of York, for their compounding for their said fines of knighthood; the said sir David Fowlis most undutifully endeavoured and practised what he possibly could to oppose his majesty's service therein, and to dissuade and divert persons from compounding with the said commissioners, and many times publicly declared his dislike and disaffection of, and to the said service, which was generally observed and noted throughout the country where he dwelt; which was by him so spoken of intent and purpose to cause men to forbear and refrain compounding, or resorting to the said commissioners, to make any composition for their aforesaid contempts; and thereby animated and encouraged sundry persons to stand out, and refuse to make any composition at all, who otherwise would have compounded with the said commissioners for their said fines of contempt, in not attending at his majesty's coronation to take the order of knighthood, as aforesaid. And in farther prosecution of his ill affection, and to shew his dislike of the said service, and the more fully to express and manifest himself, and his desire for the hindrance thereof, he the said sir David Fowlis, at a public meeting, at the house of the said sir Thomas Layton, in the beginning of the month of July, 1632, did, in divers of his conferences with gentlemen concerning the compounding with the said lord viscount, and the other commissioners for their fines and contempts of knighthood, publicly affirm and say, "That Yorkshire gentlemen had been in time 'past accounted and held stout spirited men, and would have stood for their rights and li'berties, and were wont to be the worthiest of ⚫ all other shires in the kingdom. And that in 'former times all other shires did depend, and would direct all their great actions by that county. And that other counties, for the 'most part, followed and imitated Yorkshire 'but now in these days Yorkshiremen were become degenerate, more dastardly and more cowardly than the men of other counties, wanting their wonted courage and spirit, which they formerly used to have.' Which said words and speeches the said sir David Fowlis then used and uttered purposely to dissuade and discourage persons from compounding for the said contempts and fines for knighthood, as aforesaid. And the more to encourage those that stood out, and refused to compound, the said sir David Fowlis, at the same time and place, extolled and highly commended one James Maleverer, esq. for denying and refusing to compound with the said commissioners for his fines of knighthood, and said, that the said James Maleverer was the wisest and worthiest : 6 man in the country; and that he was a brave spirit, and a true Yorkshireman and that 'none durst shew himself stoutly for the good ' of the country, but the said Mr. Maleverer, and was to be honoured therefore;' and did very much commend him, both there, and at other places and times, for not compounding. And the said sir David Fowlis being then told, it might perhaps prove more chargeable to the said Mr. Maleverer, for his wilful standing out in that manner; the said sir David replied, That the said Mr. Maleverer had put in his 'plea thereunto, and would easily procure his discharge, both of the fines and issues.' And in truth he had pleaded in his majesty's Exchequer an insufficient plea, and after such time as he had paid 156/. for issues, at last he compounded for his contempt. And farther to disconrage and hinder men from compounding, the said sir David Fowlis then also alledged, that in other counties and shires they had not advanced their fines of knighthood so high, as was done by the commissioners in Yorkshire, saying, that there were many in Buckinghamshire and Oxfordshire, who did utterly refuse to compound and thereupon shewed forth a list or paper of the names of sundry persons of those two counties, that so refused to compound. And the said sir David Fowlis taking notice of Mr. Ewre's, and Mr. Pennyman's compounding with the commissioners, blamed and reproved them for so doing, saying, That they had by compounding done themselves some wrong, and that the country hereafter would be much 'troubled with such impositions.' And the said sir David Fowlis farther, to beget and draw a general disobedience in the hearts of his highness's people, and to cause them to deny and refuse to compound for their knighthood fines with the said commissioners, and to draw a scandal upon the said lord viscount Wentworth, and to bring him into disesteem in the hearts and minds of the gentlemen of that country, publicly said and pretended, That the people of Yorkshire did adore him the said lord vis'count Wentworth, and were so timorous and 'fearful to offend his lordship, that they would undergo any charge, rather than displease him; and that his lordship was much respected in Yorkshire, but at court he was no more respect'ed than an ordinary man; and that as soon as his 'back was turned for Ireland, his place of presidentship of the council would be bestowed on another man.' And the said sir David Fowlis, and the defendant Henry Fowlis, did, about the beginning of July, 1632, and at other times publicly, in the hearing of sundry knights and gentlemen, to the end to hinder his majesty's service, and to render the said lord viscount Wentworth odious to the inhabitants of Yorkshire, and the places and countries where he was employed as a commissioner, most falsely and untruly scandalize and wrong the said lord vis ount Wentworth, to have received much money of the country for knighthood fines, by virtue of the aforesaid commission; and that his lordship had not paid the same, either to his majesty, or the Exchequer. much disliked his discourse, yet he answered, he cared not who heard it, nor if it were pro'claimed at the cross.' To this Information sir David Fowlis made this Answer; "That he hath been so far from opposing the Commission concerning knighthood, as that he hath, according to his power, advanced the said service; and that he did perswade James Maleverer, and others, to submit to the commissioners, and compound for their fines. That he did perswade sir Thomas Layton to appear before the lord Wentworth, and the council, upon the king's letter, and denieth the words charged upon him. He confesseth he did say, That he knew not how his majesty would take it to have a high-sheriff committed, and disgraced for executing his majesty's writ: and confesseth, that it appears by the information, that Mr. Wivel had made his composition for knighthood, and that he received his acquittance; neverthess process was awarded out of the Exchequer for levying issues, amounting to 301. or thereabout: whereupon this defendant did say, that if the lord Wentworth had paid in all the monies he had received, he might have done well to have taken order, that those who had paid their money to him, should be free from any trouble, and not be compelled to make double payment." Henry Fowlis pleaded not guilty. The contrary the rights and liberties thereof to his uttermost) whereof did plainly, clearly, and evidently ap- That the said court was a paper-court, and pear by the several tallies and constats, which the said lord president, and council, had done were produced and shewed in open court, testi- more than they could justify, by sending for fying that the lord viscount Wentworth had, a the said high-sheriff; and that, if he were in year before the speaking of those words by the 'the sheriff's case, he would not care a dog's said sir David, and his son, paid unto his ma- turd for them.' And the more to draw the jesty's receipts for knighthood fines the sum of council into disesteem and disrespect in those 24,500!. besides other assignments by his lord- parts, he the said sir David then also said, that ship disbursed about the said service amounting the said council had nothing to do with a justo about 7001. of his own money, and more tice of peace; speaking withal comparatively, than he had at that time received for his ma- that the office of a justice was above the counjesty. And the said sir David Fowlis and cil at York; the one (meaning a justice of Henry Fowlis most falsely and maliciously, peace) was by act of parliament, the other not only to the scandal of his majesty and (meaning the court at York) was made but by his justice, but chiefly to wrong and slan- commission. And also the said sir David being der the said lord viscount Wentworth, re-reproved by some gentlemen there present, who ported, gave out and affirmed in the presence of divers knights, gentlemen and others, that when the said lord viscount Wentworth was gone into Ireland, all such as had paid their fines to his lordship, although they had his lordship's acquittance for the same, yet they would and should be forced to pay the same over again to his majesty's use. And the defendant, Thomas Layton, caused his officer and bailiff to levy about 391. issues upon the goods of one Mr. Wivel, who formerly compounded and paid his fine for knighthood, and had his lordship's acquittance for the same; and that complaint had been made to the council at York, in the absence of the said lord president, that the said sir Thomas Layton's officers or bailiffs had by his privity exacted and taken 40s. worth of the said Wivel's tenants goods, by colour of the said levy, for so levying of the said issues, whereby the said council conceived, that the same would much cross and oppose his majesty's said service, and the exaction was meet to be punished: and therefore did award and send the king's letter to the said sir Thomas Layton (being then high-sheriff for the county of York) for to appear, and answer an information exhibited against him, and his servants, for such their supposed exactions in that behalf, as was lawful for the said council to do; and caused the said sir Thomas Layton to be served therewith, who immediately shewed it to the said sir David Fowlis: then the said sir David Fowlis thereon took upon him in a great presence and assembly of divers knights and gentlemen of the county (himself being then one of his majesty's sworn council in the said northern parts, one of the deputy lieutenants there, and a justice of peace in the North Riding where he then dwelt) to advise and disswade sir Thomas Layton, to yield obedience to his majesty's letter, which this court held to be a great contempt, and offence; for that he said that he held it not fit, that the said sir Thomas Layton being high-sheriff, should appear, and answer the said letter, before he had acquainted his majesty first therewith, and known the king's pleasure. The said sir David saying further, (in scorn and contempt of the said court and council, whereof himself was a member, and by his oath bound to maintain and uphold Sir Thomas Layton for himself saith; "That a letter was served upon him from the lord president and council, he being then higb-sheriff of the county, doing matters in the execution of his office; and that before he was in any contempt, he was within three days arrested by the pursivant attending the court, and by him carried prisoner from his own house to the said council, about thirty miles, and there remained in the custody of the said messenger, till he had answered an information there preferred against him, and interrogatories concerning the self- same matter now charged upon him; and before he was discharged, paid the said Wivel the money levved by virtue of the process, and also paid 40s. more, which (as was pretended) Appleby, the bailiff, exacted from the said Wivel.-During all which time of this defendant's restraint, he was high-sheriff of the county of York, of all which he desireth a consideration might be had; albeit he might justly plead the dependance of the suit at York, yet he doth wave the same: and doth deny, that if the said 40s, were exacted by the said bailiff, over and above the 391. levied upon Mr. Wivel, that the same, or any part thereof came to this defendant." wise at the open assizes in the same county, where this decree shall be publicly read. And farther; that the said sir David Fowlis ' is a person altogether unworthy of the places he holds, as one of the council of York, deputy-lieutenant, and justice of peace, who hath breathed out so much faction and diso bedience. And for that he sought and endeavoured to draw disesteem and scandal upon that court, whereof he himself was a member, and upon the principal officer and member of the said court, the lord Went. worth, a noble person of singular worth and And it plainly appeared to this honourable court, by good and sufficient testimony then openly read; that all the particulars before mentioned, wherewith sir David Fowlis stood charged by the information, were fully proved against him whereupon the court, upon grave and deliberate consideration of all the afore-merit, and worthily employed in a matter of said premisses, declared; That the said sir David had many ways endeavoured and sought to oppose his majesty's service, and had withal greatly and highly thereby scandalized his majesty, who had done him so many gracious 'favours, and affronted his service, and had unjustly traduced his majesty's commis'sioners, and great officers of state, and shewed exceeding malice to the lord deputy: and the said sir David speaking these words charged upon him, to deter his majesty's sub'jects from making payment of their fines to his majesty's receiver, for knighthood money: and that the court duly weighing and considering the heinousness of the said defendant's "offence therein, and declaring the same wor'thy of severe and extraordinary punishment, ' ordered: That the said sir David Fowlis, being a principal offender, shall stand, and be committed to the Fleet, there to remain during his majesty's pleasure; and that he shall pay a fine of 5,000l. to his majesty's use; and shall also publicly acknowledge his great and several offences, both to his majesty, and the said lord viscount Wentworth; not only in this court, but in the court of York, and like 6 greatest trust and importance: the court hath 'therefore ordered and adjudged, that the said 'sir David Fowlis shall, from henceforth, be held, and made incapable to have, or execute any of the said places, and that he shall pay good damage to the said lord Wentworth, relator in this court, whom this court highly 'commended for vindicating his majesty's honour, in such a service of so undoubted right, 'justly appertaining to the crown, and which hath been heretofore taken by many kings, his majesty's predecessors, constantly and 'successively. Their lordships generally con'demned the said sir David therefore, and for the base and scandalous report, that he so 'published against the said lord Wentworth, ordered and decreed, that the said sir David 'should pay 3,000l. to the said lord Went'worth.' And touching the Defendant Henry Fowlis, the court likewise thought him worthy of cen sure, and ordered and decreed, That he should stand committed to the Fleet, and pay 500! fine to his majesty's use. And forasmuch as the council urged no proof against sir Thomas Layton, they disinissed him from any farther attendance. 144. The Trial of JOHN Lord BALMERINO, in Scotland, for a Libel: 10 CHARLES I.* A. D. 1634. [1 Burnet's History of his own Times, p. 32, &c. 2 Rushw. Coll. p. 283.] Curia Justiciaria S. D. N. Regis, tenta in prætorio de Edinburgh tertio die mensis Decembris, 1634, per nobilem et præpotentem comitem, Willielmum comitem Errolia, dominum Hay, magnum constabularium Scotia, ac Justiciarium Generalem ejusdem, hac in parte ac in criminali processu subsequent. contra Joannem dominum de Balmerino, virtute commissionis S. D. N. Regis, sub tes timonio sui magni sigilli specialiter constitut. Curia legitime affirmat. ASSESSORS to my Lord Justice General, sir Robert Spotswood of Dunnypace knight, president of the College of Justice; sir John Hay of Barro, knight, clerk register; sir James Learmouth of Balcomy, knight baronet. "Religious grievances are often ideal; but and his name was marked in the list of the Trial of lord Balmerino was an act of op- the dissenting nobility, from whom the rays pressive iniquity, conducted under the shade of of royal favour were now withdrawn. the laws, and with all the forms of unsubstantial perate and submissive petition had been prejustice. In consequence of his father's disgrace pared by these peers, in order to exculpate and death, he had lived in retirement, and, themselves from the imputation of an opposi till the arrival of Charles in Scotland, was tion to prerogative, and to deprecate the ope unknown to the court. But his deport-ration of those articles from which they dissentment in the late parliament was offensive; ed; but when the design was intimated to A tem Intran. John lord of Balmerino, delated of Airt and Part, (i. e. of his being Contriver and Partner) of the penning and setting down of a scandalous Libel, and divulging and dispersing it amongst his majesty's lieges; at the least of concealing and not revealing of Mr. William Haig, and not apprehending of him the said principal author of the said infamous Libel, as is at length contained in his Dittay (i. e. Indictment) following, Pursuer, sir Thomas Hope of Craighall, knight, Advocate to our said lord, for his high ness's interest. Procurators in Defence, Mr. Roger Mowat, My lord Kildryame, master of Elphingstoune. Sir Thomas Ker of Cavers. Michael Elphingstoune of Quarrel. Robert Drummond of Meidhope. My Lord Advocate produced his majesty's Letter, commanding hiin to pursue the pannel, (i. e. the person indicted) for the crimes contained in his Dittay following; together with an Act of Session, nominating the assessors foresaids to be assessors to my Lord Justice · General: And therewith produced the said Dittay or Indictinent, with the executions thereof, of the whilk the tenour follows. And first the tenour of his majesty's Letter, directed to his majesty's Advocate. To our right trusty and well-beloved counsellor, sir Thomas Hope of Craighall, knight and baronet, our Advocate for our kingdom of Scotland. "C. R. Trusty and well-beloved counsellor, we greet you well. After due consideration having resolved to cause the lord Balmerino be George Dundass, fiar of that ilk, (i. e. of put to the trial of ane assyse, (i. e. Jury) and Dundass). A to this purpose it being necessary that you inCharles, as a necessary precaution before the 'construed the proceedings of the king in the petition was presented, or even subscribed, the 'late parliament, so seditious that its thoughts royal displeasure was signified in such severe 'infected the very air, a cockatrice which a terms that it was instantly abandoned. A copy good subject should have crushed in the egg.' retained by Balmerino, and imparted to a con- Balmerino, who forbore to crush this unhatched fidential notary, was surreptitiously transcribed sedition, was oppressed by the intrigues of the and communicated to Hay of Naughton, his prelates, and the criminal connivance of the private enemy. The latter betrayed the secret judges and officers of state. The court of sesto the archbishop of St. Andrew's, who repaired sion appointed three assessors to the justice to court, and, under the specious pretext of al- general; Learmouth one of their number, Hay legiance, revealed it to the king. He affirmed lord register, and Spottiswood their president, that the petition was circulated through Scot- second son of the archbishop, whose influence land to obtain subscriptions; declared that no- had incited, and still continued to foment the thing but the opposition of the nobility had ren- prosecution. It was represented in vain that dered the clergy hitherto so averse from the sur- the interlineations, as they softened the terms plice; and assured the king that their refrac- of the petition, could never constitute that libel tory spirit would be soon subdued, if their pa- which they served to abate; that the petition trons were selected for a severe example. was neither promulgated, nor disclosed, except commission was issued to examine the supposed to a confidential lawyer for his private opinion; offence, and Balmerino was imprisoned on a that there was no precedent for the trial of warrant obtained by Spottiswood; but the real those who had neglected to reveal seditious author of the petition, Haig, an advocate, es- performance, or to secure its author, and that caped to the continent.-It would be difficult a severe law never executed must be regarded to conjecture, what was criminal in a petition as having passed into oblivion; that it might be neither presented to Charles, nor divulged ex- illegal perhaps to conceal the petition when adcept to a confidential friend. There were laws judged seditious; but as its purport was appain Scotland against the utterance of leasings, or rently respectful, and intended to conciliate false reports tending to excite sedition, or to the king's affection, that no prudence could dissow dissensions between the king and the peo- cover a different construction which was necesple; and according to the usual extension of sarily latent till determined by the court. The state offences, whosoever listened with an air of question was already prejudged by the court: approbation, and neither revealed the report the assessors sustained and referred the indictnor secured its author, was obnoxious to the ment to a jury, which the earl of Traquair had same capital punishment, as if equally guilty of undertaken to corrupt or intimidate.-As pethe same crime. As the author and abettor of remptory challenges are unknown in Scotland, a seditious petition, Balmerino was accordingly the jurors are invariably selected by the judge arraigned for leasing making; as the author, from the return made by the clerk of court. because the copy, found in his custody, was Nine of the jury, with a single exception, were slightly interlined with his own hand: as the ineffectually challenged: but when Traquair, a abettor, because he concealed the petition, and minister of state, was admitted, it was no longer suffered the author to escape undiscovered. A doubtful that the rest were industriously selected Petition, couched in the most inoffensive terms, for their hostility to Balmerino, or their devowas converted in the indictment into a dange- tion to the crown. The experiment did not enrous Libel,' that depraved the laws, and mis-tirely succeed. In the former century, Gordon |