The Popish Royal Favorite, Part 1

The Popish Royal Favorite · Part 1

p. 12A Note of the Names of those Recusants, against whom Processe hath been stayed by his Majesties Letters under His Privy Signet, in the Crowne Office.

AGainst William Arundell Esquire second sonne to the Lord Arundell of Wardour, and the Lady Mary Saint Iohn his wife, by letter bearing date the 25 of April Anno. 11 Caroli Regis. Against Captaine Iohn Read, by a letter dated the 13^th of July 10 Caroli, Against Sir Francis Mannocks of Stoke, in the County of Suffolk, and Dame Mary his Wife, by a letter dated the 20 of April 14. Caroli. Against Sir Henry Brown of Kidington in the County of Oxford and Dame Elizabeth his Wife by a letter the fifth of January 12 Caroli. Against William Bradshaw of Saint Clements Danes in the County of Middlesex Esquire and Margaret his wife; by a letter dated 4^th of July 11 Caroli. Against Robert Hewet of Amptill Grange in the County of Bedford, and Mary his wife, by a letter bearing date the second of July 13. Caroli. Against Sir Henry Audley Knight and Dame Ann… his wife; by a letter of the 15 of January 13. Caroli. Against Thomas Lord Arundell of Wardour, and the lady Anne his wife; by a letter dated the 20 of Iune 13 Caroli. Against the Lady Katherine Windsor, wife of Thomas Lord Windsor; by a letter 7 of February 15 Caroli, in the same Court of Kings Bench, processe was staied against Gorge Cope, Francis Simmons, Beniamin Gill, and others indicted of Recusancy by a warrant from William Noy, the Kings Atturney Generall, dated the 21 of May, 1633. And against Henry Constable Knight, Lord Constable, Viscount Dumbarre, by warrant from Sir Iohn Banks the Kings Atturney Generall, dated the 23 of Iune 1635. with sundry others.

So processe out of the Court of Exchequer, and Crowne Office against Robert Courtese and others, was staied upon this Petition.

To the Kings Most Excellent Majestie.

The humble petition of Robert Courtese, Matthew Reynolds and John Fitzwilliam, in the behalfe of themselves and diverse others.

MOst humbly shewing, That whereas the Petitioners have lately exhibited a petition unto your Majesty, declaring, that for being Recusants there are writs out of your Highnesse Court of Exchequer, directed to the Sheriff… of London and Middlesex, to selfe their Goods to your Majesties use; albeit they have been alwayes and now are ready to compound according to Your Majesties most gracious favour, and their meane ability (being poore Tradesmen) which by reason of this contagious time, and other the weighty affaires of Your Majesties most Honourable Commission, they have not yet done, and so stand in danger p. 13to perish, unlesse your Majesty of your accustomed clemency doe extend your gracious favour towards them, in giving order that the said writs may be staied, which they most humbly pray. Since which time they humbly shew there are other writs come out of the Crowne Office to arrest their persons.

Therefore they doe most humbly beseech Your Majesty to take compassion of them, and their poore Estates, and to give order that the said writs may be stayed, and that they may not be molested neither in their persons or goods, whilest they are upon composition with your Majestie, which they will indeavour to hasten with as much speed as may be, And, as by duty bound, your poore petitioners shall dayly pray for Your Majesty long to Raigne most happily over us.

At the Court at Oatelands 7. August 1637.

HIS Maiesties pleasure is, that the writs shall be stayed according to the desire of the petitioners, till the first sitting of the Commission for Recusants, at which time the petitioners are to make their appearance, and submit themselves to a composition according to the usuall course, and hereof the Commission of Recusancy are to take notice, and give order accordingly.

Francis Windebanke.

And as the Course of Iustice and proceedings against particular Popish Recusants were thus obstructed by these warrants and letters, so when Commissions issued out to the Sheriffs of the Southerne Counties of England, and Wales, for finding, and seising their Lands, Goods, and Chattels in the yeare of our Lord 1639. They were forthwith Countermaunded by Letters sent to the Sheriffs to Secretary Windebank in his Majesties name. Witnesse this following Letter of his to the Sheriffe of Somersetshire.

AFter my very harty commendations, Whereas there did lately issue forth to your selfe and others, a Commission for the finding of the Lands, Goods and Chattells of certain Recusants, which said proceedings being onelyonly intendded for the enabling of them that are already convicted, and mentioned in a Schedule annexed unto the Commission, to make composition for the severall summes of mony due from them unto his Majesty, upon the Statutes for their Recusancy according to his Majesties most Gracious Instructions in that behalf, which otherwise they would not doe. Now forasmuch as the said Commission of enquiry hath been by divers misunderstood, as an unlawfull violent prosecution against Recusants, which is not his Majesties intention. These are therefore to signifie unto you His Maiesties said Gracious pleasure therein. And that no seisure be made of any the Lands, Goods, or Chattells, of those who shall at the execution of the afforesaid Commssion enter their names, that they will within three mon…thes after prosecute their Composition in LONDON with his Maiesties Commissioners for their Recusancy as aforesaid. And that you be carefull in the execution of your Commission, that all further or unusuall prosecution against Recusants be forborn, by those that shall be therein imployed, p. 14and that if any seisure of any of the Lands or goods of any Recusant as aforesaid be already made by you or your Deputies contrary to these His Majesties gracious intentions, that the same by you or them be forthwith restored, such being His Maiesties Gracious clemency towards them at this time, at the instance of HER MAIESTY. And so with my most hearty commendations I bid you farewell:

Your very loving friend, Fran. Windebanke. From the Court at Whitehall, the fifth of Octob. 1639 To my very loving friend, the High-Sheriffe of the County of Somerset, now, and for the time being.

The like Letters verbatim were sent to the Sheriffes of Oxford, Hampshire, Sussex, and other Counties, the Originalls whereof are yet extant in Mr. Glyns custody now recorder of London.

The like Letters were sent into Wales, the copy of one of them sent into Flintshire, with the Commissioners certificate of their stay of proceedings against Recusants thereupon, I shall here subjoyn.

AFter my hearty commendations, whereas I understand that there is a Commission lately issued out of the Court of Exchequer, and sent into your County to enquire of the estates of the Recusants there; you are therefore forthwith uppon sight hereof to cause stay to be made of all proceedings upon that commission till His Majesties pleasure shall be further known: for which this shall be your Warrant, and so I rest,

To my very loving friend the High Sheriffe of the County of Flint. Your very loving friend, Fran. Windebanke. 11 Julii 1639. Copia vera exam. per. Io Evans. sub vic.

WE the Commissioners whose names are under-written having received His Majesties Commission under the Exchequer Seale dated 3… die Iulii in the fi…t…enth year of his Majesties reigne, to us and others directed to enquire what Lands, Goods, and hereditaments, certain Recusants convicted, whose names were in a Schedule thereunto annexed, written; for the execution whereof we having met at the Towne of Mould in the said County of Flint, the twentieth day of September, 1639 The Deputy Sheriff of the said County produced a Letter to the High Sheriffe directed, whereof this is a true Copy; whereupon we did not proceed in that service.

Richard Grosvenor.

Iohn Eyton.

Tho. Perton

How many Recusants were convicted from the first till the sixteenth year of His Majesties reigne, onelyonly in the Southern parts of England (besides Wales and the Northerne Counties, where they most abounded) many of them being persons of great estates, will appeare by this Certificate of Mr. Iohn Pulford, specially imployed in their prosecution by His Majesty.

p. 15Convictions of Recusants from … ^mo Caroli, in the 29 English Counties within the Southerne Division.

For the 12 Welsh Counties, the Convictions remaine in the custody of the Prothonotaries of Wales, who by Order from the Commissioners were to returne them 6 moneths agoe; but yet they are not come in.

How little benefit his Majestie made of their Lands and Estates upon their convictions, by reason of the forecited Letters of Grace, for staying processe and proceeding against them, is manifest by this following Certificate of the payment of all the revenues of Recusants in the Southerne parts, by the Sheriffs of the severall Counties from the yeere 1627 to 1460.

An abstract of all such sums of money as have been paid to His Majesties particular Receiver of the Recusants Revenue for the Southerne parts of this Kingdome of England, by any of the Sheriffs of the severall Counties on this side Trent, since the third yeare of his Majesties raigne that now is, viz.

Rob. Long:

p. 16A very inconsiderable summe, if the multitude of the convicted Recusants forementioned be considered, and the great yeerely revenues of sundry of them.

I shall close up this branch of his Maiestes extraordinary favour to popish Recusants, with the Petition and Diclaration of Master Iohn Pulford, and his Maiesties answer thereunto in the margent, written with his owne royall Hand (by which the Papists contributions towards the Scottish warres are confessed, and made the ground of staying Processe against them) the originall whereof is remaining in the custody of Miles Corbet Esquire, Chaireman for the Committee of Examinatione.

To the Kings most Excellent Majesty.

The most humble Declaration of Iohn Pulford. Your Majesties servant, touching the proceedings as speciall Agent for advancing Your Majesties Revenue arising by the Forfeitures or Compositions with Popish Recusants in the Southerne parts of this Your Maiesties Kingdom, and the lets and oppositions which hindred him in effecting the service; the which be humbly conceives (both in discharge of his duty and trust reposed in him) be ought to present unto your Maiestie.

THe 19. of Ianuary in the 14. yeere of Your Maiesties reigne, Your Maiestie confer'd the said imployment upon me.

The 28. of February following, divers of Your Maiesties Commissioners at my request, and for the better …nabling me to proceed in the service, did signe letters (which I then presented unto them ready written) directed to the Iustices of Peace within all the severall Counties for convicting of all Recusants, as by the said Letters may appeare.The reason of both these stais of proceedings was, because the Papists should not be diverted from their contribution which they were then making for me. But about two or three dayes after, one of the Commissioners did advertise me, That it was your Majesties pleasure those letters should not be sent, which I obeyed.

The eleventh of July after, I sent Comissions into ten severall Counties for enquiries to be made of the Estates of Recusants already convicted: But presently after letters were sent to the severall Sheriffs of the said Counties, requiring them to stay all proceedings upon the said commissions untill your Majesties pleasure were further knowne, upon sight whereof the Commissioners desisted, whereby I lost 114 li. which I had disbursed to Substitutes and Messengers to defray the charges of executing the said Commissions. And albeit in October following, Letters were sent to the said Sheriffs for proceedings to be had upon the said Commissions, yet in regard of the afforesaid stay, the Service was so disparaged, and the commissioners were so discouraged, that they have since neglected to execute the like Commissions directed unto them; and some Sheriffs have likewise neglected to provide Juries for finding and returning Inquisitions of Recusants Estates.

In February following, I acquainted Your Majesties Commissioners here with the stay of the said Commissions,This was meerly to make a distinction betwixt the Nobility and persons of meaner quality. and backwardnesse of the commissioners in the County to proceed in the like service, and intreated them that therefore they would be pleased to signe Letters once againe to the Iustices of peace, and therein Your Majesties pleasure might be signified, as well for the Indicting and Convicting of all Recusants, as also that the Commissioners hereafter appointed should give better attendance in executing Commissions of equity: To which purpose p. 17I did then present unto them a draught of a Letter, which being read over unto them, they desired the Lord Treasurer to shew it Your Majesty, in regard Your Majesties pleasure was to be declared therein, upon intimation whereof by his Lordship they would signe such Letters, the which his Lordship about two or three dayes after having signified, bid me prepare the Letters. But within a few dayes after one of the Commissioners advertised me in the presence of the Lord Treasurer, That it was Your Majesties pleasure the said Letters should not be sent, for that were divers of the Nobility, and other persons of quality, Recusants whom Your Maiestie was pleased to favour, and would not have convicted. Neverthelesse Letters should be sent for the certifying of all Recusants names unto the Iustices, which Recusants names they should return up unto the Commissioners here, the which being accordingly written and signed by some of the Commissioners, were notwithstanding afterward not sent, in regard …ome of the Commissioners conceived, such Letters, being onelyonly for the certifying of Recusants names, without direction of further proceedings against them, would rather hinder then further the service.

In April and May following,I was informed that this was an illegall and undue proceeding, by as good Lawyers as any are in the Kingdome. I caused some Messenges I had formerly imployed into divers Counties at my owne Charges for the discovery of Recusants unconvicted, to Indict such as they had discovered at the Sessions then held for Middlesex, which they acco…dingly did: whereupon divers of those Recusants petitioned Your Majesty against me, alleadging, That indicting of Recusants in a forreigne County, was contrary to the intent of the Law, and a Declaration made by Your Maiesties Royall Father of blessed memory; and thereupon Your Maiesty appointed the Lord Treasurer, Lord Dorset, Lord Cottington, Master Treasurer, and the Lord chief Iustice Littleton, to take due information thereof… and deliver their opinions to your Maiesty, who in Iuly following, met and heard the Recusants by their Councell, at which time I shewed Presidents for the like forreigne Indictments, and necessity for proceeding in that course, in regard many Recusants had for many yeares escaped Convictions in their proper Counties through feare or favour, and perhaps would so continue all their lives: howbeit I… was advertised afterwards that it was your Majesties pleasure such manner of Indicting should be suspended.

Besides all this I have met with another main hinderance in effecting the said service,Particular favours must not make a president or rule for others. viz. Letters granted by your Majesty to divers of the more eminent and wealthiest of the Recusants, commanding no legall proceedings to be had against them by reason of their Recusancy. Whereby Your Maiestie not onelyonly loseth the Penalties, and Forfeitures due unto Your Maiesty from them, but also under colour of those Letters they priviledge… and protect the estates of other Recusants convicted, as their own, so as the same cannot be found by inquisition, by which Your Maiesty is defeated of your iust interest in their particular estates. For discovery whereof Your Maiesties Atturney Generall hath (at my instance) preferred Bills in the Exchequer chamber against divers of them.

In all which proceedings, my care, travell, and charges, have been extraordinary, p. 18for I have expended above 600. li. without one peny recompence from the Commissioners.It is good reason that your pains and charges should be considered in this businesse.

I therefore most humbly beseech your sacred Majesty to take into your royall consideration the aforesaid Letters and interruptions of the service, and to declare your Princely resolution concerning my proceedings for the time to come, as may be most for Your Majesties Honour and increase of Your said Revenue. And as in duty bound, I shall daily pray for Your Majesties long and prosperous reigne.