counsel

Answer of common stage plays about the city of London; and having read Prynne's divers councils, laws, and statutes of this and other realms, against the frequenting of common stage plays, and the judgment and opinion of several divines, and other ancient authors, and divers English writers allowed by publick authority, and his own judgment running with those; not intending to reflect, or to have relation to the king, queen, state, government, or your lordships, did about seven years ago compile this book entitled Histriomastix; which is no more but a collection of divers arguments and authorities against common stage plays.

Sentence

After three days' trial one of the principal ministers gave the following sentence, with which the others agreed.

I do in the first place begin censure with his book; I condemn of Prynne it to be burnt, in the most publick manner that can be. The manner in other countries is (where such books are), to be burnt by the hangman, though not used in England, yet I wish it may, in respect of the strangeness and heinousness of the matter contained in it, to have a strange manner of burning; therefore I shall desire it may be so burnt by the hand of the hangman.

If it may agree with the court, I do adjudge Mr. Prynn to be put from the barr, and to be for ever uncapable of his profession. I do adjudge him, my lords, that the Society of Lincolns Inn do put him out of the Society; and because he had his offspring from Oxford (now with a low voice said the archbishop of Canterbury, "I am sorry that ever Oxford bred such an evil member ") there to be degraded. And I do condemn Mr. Prynn to stand in the pillory in two places, in Westminster and Cheapside, and that he shall lose both his ears, one in each place, and with a paper on his head declaring how foul an offense it is, viz. that it is for an infamous libel against both their Majesties' state and government. And lastly, nay not lastly, I do condemn him in £5000 fine to the king. And lastly, perpetual imprisonment.

The following is the general form of the writs for ship money sent out by the king to the officers of cities

and counties. The first writ, in 1634, was really intended for its declared purpose; the three later issues, 16351639, were intended for a general income.

writ of ship

money (1634)

To the mayor, commonalty, and citizens of our city of Lon- 279. Extracts don, and to the sheriffs of the same city and good men in the from the first said city and in the liberties and members of the same, greeting: Because we are given to understand that certain thieves, pirates, and robbers of the sea, as well Turks, enemies of the Christian name, as others, being gathered together, wickedly taking by force and spoiling the ships and goods and merchandises, not only of our subjects but also the subjects of our friends on the sea, which hath been accustomed anciently to be defended by the English nation, and the same, at their pleasure, have carried away, delivering the men in the same into miserable captivity; and forasmuch as we see them daily preparing all manner of shipping farther to molest our merchants and to grieve the kingdom, unless remedy be sooner applied and their endeavours be not more manly met withal; also the dangers considered which on every side in these times of war do hang over our heads, that it behoveth us and our subjects to hasten the defense of the sea and kingdom with all expedition or speed that we can.

We command, firmly enjoining you the aforesaid mayor, London to commonalty, and citizens, and sheriffs of the said city, and the provide seven ships good men in the same city and in the liberties and members manned and of the same, in the faith and allegiance wherein you are bound equipped unto us, and as you do love us and our honor, and under the forfeiture of all which you can forfeit to us, that you cause to be prepared and brought to the port of Portsmouth, before the first day of March now next ensuing, one ship of war of the burden of nine hundred tons, with three hundred and fifty men at the least, as well expert masters as very able and skillful mariners; one other ship of war of the burden of eight hundred tons, with two hundred and sixty men at the least, as well skillful masters as very able and expert mariners; four other ships of war, every of them of the burden of five hundred tons, and every of them with two hundred men at the least as

well expert masters as very able and skillful mariners; and one other ship of war of the burden of three hundred tons, with a hundred and fifty men, as well expert masters as very able and skillful mariners.

Also we have assigned you, the aforesaid mayor and aldermen of the city aforesaid, or any thirteen or more of you, within thirteen days after the receipt of this writ, to assess all men in the said city and in the liberties and members of the same, and the landholders in the same, not having a ship or any part of the aforesaid ships nor serving in the same, to contribute to the expenses about the necessary provision of the premises.

CHAPTER XV

THE GREAT REBELLION AND THE COMMONWEALTH,

1640-1660

I. THE IMPEACHMENT OF STRAFFORD

During the period of personal government of Charles I the earl of Strafford had come to be looked upon by the leaders of the party of popular rights, as Buckingham had been ten or fifteen years before, as the embodiment and chief support of despotic government. Almost the first action of parliament therefore, on its opening in 1640, was to impeach him. At the great trial which now took place in Westminster Hall, not only Strafford but the power of the king was being tested, and his condemnation showed that both had fallen. The following account of the trial is from the diary of Robert Baillie, a Scotchman who was in London at the time, attending to the interests of the rebellious Scotch parliament and army.

account of

The Lieutenant of Ireland came bot on Monday to toun 280. A conlate; on Tuesday rested; on Wednesday came to Parliament; temporary bot ere night he was caged. Intollerable pryde and oppression the impeachcryes to Heaven for a vengeance. The Lower House closed ment of their doores; the Speaker keeped the keyes till his accusation Strafford was concluded. Thereafter, Mr. Pym went up, with a number at his back, to the Higher House and, in a prettie short speech, did, in name of the Lower House, and in name of the Commons of all England, accuse Thomas Earle of Strafford, Lord Lieutenant of Ireland of high treasone, and required his person to be arreisted till probatione might be heard. So Pym and

Trial in Westminster Hall before the House of Lords

his back were removed; the Lords began to consult on that strange and unexpected motion. The word goes in haste to the Lord Lieutenant, where he was with the King; with speed he comes to the House; he calls rudelie at the doore. James Maxwell, keeper of the Black-Rod, opens; his Lordship, with a proud glouming countenance, makes towards his place at the boord-head: bot at once manie bids him void the house, so he is forced in confusion to goe to doore till he was called.

After consultation, being called in, he stands, bot is commanded to kneell and, on his knees, to hear the sentence. Being on his knees, he is delyvered to the keeper of the Black-Rod, to be prisoner till he was cleared of these crymes the House of Commons did charge him with. He offered to speak, bot was commanded to be gone without a word. In the outer roome James Maxwell required him, as prisoner, to deliver his sword; when he had gotten it, he cryes, with a loud voyce, for his man to carrie my Lord Lieutenant's sword. This done, he makes through a number of people towards his coatch, all gazeing, no man capping to him, before whom that morning the greatest of England would have stood discovered: all crying, "What is the matter?" He said, "A small matter I warrand yow!" They replyed, "Yes indeed, high treason is a small matter? . . ."

Soon afterward the impeachment trial was regularly opened in Westminster Hall, where it continued for three weeks.

All the doores were keeped verie straitlie with guards; we always behooved to be there a little after five in the morning. ... By favour we got place within the raile, among the Commons. The House was full dailie before seven; against eight the Earle of Strafford came in his barge from the Tower, accompanied with the Lieutenant and a guard of musqueteers and halberders. The Lords, in their robes, were sett about eight; the king was usuallie halfe an howre before them; he came not into his throne, for that would have marred the action; for it is the order of England, that when the king appears he speaks what he will, bot no other speaks in his