Canterburys Cruelty, Speech
A Speech made before the Lords by M. Francis Rous Esquire, March 16. 1640.
Against D. COSIN, and many others impeached by the House of Commons in M. Smarts Cause.
My Lords,
I Am commanded by the House of Commons, to present to your Lordships a Declaration and impeachment against D. Cosin and others, upon the complaint of M. Peter Smart, which M. Smart was a Protomartyr, or first Confessour of note in the last dayes of persecution.
The whole matter is a tree, whereof the branches and fruit are manifest in the Articles of this Declaration, which being read, I shall (with your Lordships favour) discover and lay open the root.
The Declaration was read, consisting of eighteen Articles delivered to the Lords in writing.
The Commons Declaration and Impeachment upon the Complaint of Peter Smart Clerk, late Prebendary of Durham, against Iohn Cosin, Doctor in Divinity, Ferdinando Morecroft, George Morecroft, William Iames, Iohn Robson, Gabriel Clerke, Eleazer Duncum, and Thomas Carre, Prebendaries of Durham: and against William Lawd Archbishop of Canterbury, Sir Charles Caesar, Sir Iohn Lamb, William Sammes, Edmund Pope, D. Aylott, High Commissioners of the Province of Canterbury: and against Iohn Scott Dean of Yorke, Phinees Hodshon, Henry Wickham, George Stanhope, Prebendaries of Yorke, Sir George Radcliffe, William Easdall, Iohn Bramhall now Bishop of Derry in Ireland, Richard Perrott, Edmund Kay, Richard Marsh, Timothy Thriscrosse, Robert Faucon, Henry Thriscrosse, Iohn Lively, Tho. Burwell, High Commissioners of the Province of Yorke, and Roger Blanchard, Pursevant to the said High-Commission, and against Sir Francis Windebanke, for severall crimes and misdemeanours.
The Impeachment.
1 THat after the death of D. James late Bishop of Durham, D. Neale succeeding him in that Bishoprick, during the time he was Bishop, the said D. Cosin, Ferd. Morecroft, George Morecroft, William James, John Robson, Gabriel Clerk, together with Richard Hunt late Deane, and others late Prebendaries of Durham, took away the Communion Table of that Cathedrall Church, and erected an Altar of Marble stones set upon columns, with many Cherubims thereupon, and a carved screen curiously painted and guilded set over the same. Which Altar, Copes, Organs, Images, Pictures, with other furniture, and unlawfull alterations in the said Church cost the said Deane and Chapter above two thousand pound.
To which Altar thus set up were frequent bowing, which bowing did increase after D. Cosin came to be Prebend there, few going or coming into the said Church without low obeysance: and D. Cosin did officiate at the said Altar with his face toward the East, and back toward the people, at the time of the Administration of the holy Communion.
2 That the said Dean and Prebendaries bought one Cope found in a search for Masse-Priests, whereupon was imbroydered the image of the Trinity: viz. an old mans face, a crucifix, and a dove; and other two Copes, one having a crucifix upon it, which because they were short, they cut and made into one, whereby the crucifix fell upon the hinder part of him that bare it. And another Cope which cost about two hundred pound, which Copes they frequently used at the Administration of the holy Communion at the said Altar, some of them preaching in a Cope, and sitting to hear Service in a Cope in the said Church.
3 That the said Deane and Prebendaries did also bring in and practice in the said Church sundry innovations in divine Service, both in time, place and manner, changing the Morning Prayer, to which about two hundred persons usually resorted, used for the space of sixty yeares in the Cathedrall Church of Durham, to be read at six a clock plainly and distinctly in a peculiar place appointed for that purpose by Commissioners under the great Seal of England, Septemb. 25. primo Eliz. into solemne Service and singing, both instrumentall and vocall, whereby it was brought into so late an houre, that some who formerly frequented the old Morning Prayer, could not attend this. And Judge Hutton in particular complained, that the longnesse and latenesse of it was inconsistent with publike imployments. And afterwards they took the old Morning Prayer quite away for divers yeares, and instead thereof divided the ordinary Morning Service, making two of one, whereby there were neither Chapters nor Psalmes read at ten a clock Prayer.
4 That the said Dean and Prebendaries set up and renewed many gorgeous images and pictures, three whereof were statues of stone, one of which standing in the middest, represented the picture of Christ, with a golden beard, a blew cap, and Sunrayes upon his head.
5 That the said Dean and Prebendaries did use an excessive number of candles: more upon a Saints day, then upon the Lords day; And caused the same candles to be lighted in the said Church, in a new, strange and superstitious manner, burning two hundred wax candles in one Candlemas night, whereof there were about sixty upon and about the Altar, where there was no use of light, nor Service then said: whereupon a Popish Priest spake, let us Papists resort to the said Church, to see how D. Cosin, and the Prebendaries of Durham doe play our apes. D. Cosin set up some of these candles himself, and caused others with ladders to set up more round about the Quire, some of which the said Dean sent his servant to take down; but D. Cosin did struggle with him in time of prayer, to the great disturbance of the congregation: the manner of lighting the candles was this; they caused two Choristers, in their Surplices to come from the West end of the Quire, with lighted torches in their hands, who after sundry bowings by the way, to and at the Altar, did light the candles upon the same with their torches: which done, they returned backward with many bowings, their faces toward the Altar, till they came to the Quire doore: which ceremony of lighting the excessive number of candles came into the said Church after D. Cosin was Prebendary.
6 That the said Dean and Prebendaries did absolutely forbid and prohibit the Psalms in Meeter to be sung before and after Sermon, and at the Administration of the holy Communion: and instead thereof turned prayers and peeces of reading Psalmes into Anthems and caused them to be sung, so that the people understood not whether they were prayers or no. Whereupon D. Cosin observing that they kneeled not, sent Vergerers to some to command them, and spake to others himself, saying, Masters you must kneele, it is a prayer, you must kneele. And they caused an Anthem to be sung which was not the Word of God; as namely the three Kings of Cullen: Jaspar, Melchior, and Balthazar, and caused the Organs to play, and the whole Quire to sing, at the Administration of both the Sacraments; to the great disturbance of those holy Actions.
7 That the said Deane and Prebendaries caused many pictures, and carved Images (besides those that were in the said Church) to be set upon the Font, amongst which was a Dove carved, and the foure Evangelists, and John baptizing Christ in Iordan painted; which did appeare at the opening of the Font: which Font they caused to be removed from the ancient usuall place in the Quire, where it formerly stood; and placed it out of the Quire, where divine Service is never read.
8 That the said Dean and Prebendaries did cause a knife to be kept in the Vestrey for cutting of the Sacramentall bread, being appropriated only for that use: And was commonly called, knowne, and shewed to those who came to see the gay ornaments of the Church, by the name of the consecrated knife. And D. Cosin did consecrate the cushions and forms by crossing them, before the people came to the Communion.
9 That the said Dean and Prebendaries did imploy a Painter, and Glasier (profest Papists) to serve the said Cathedrall Church in their severall uses: and brought in, and practised in the said Church severall other superstitious Innovations tending to Idolatry.
10 That D. Cosin preaching in the said Church upon the parable of the tares, said, That the reformers of our Church, when they tooke away the Masse, tooke away or mar'd all religion, and the whole service of God: they called it a reformation, but it was indeed a deformation: And that the Masse was not so taken away, but that the presence of Christ still remaineth; and that if the reformation were otherwise, it were not a reformed but a deformed religion. And that he meant of a corporall presence was plain, for that he complained afterward in the said Sermon, that some had thrust out the presence of Christ: and he likewise said, that in Q. Elizabeths time when Popery was put out, the reformation was a deformation, and instead of bringing in order, they brought in ordure.
11 That D. Cosin perswading a Papist to come to Church, said, that the Body of Christ was substantially and really in the Sacrament: and shewing him the new Service-Book intended for Scotland, he said, it was all one with theirs of the Romish Church, for there was in it, the Introit, the Epistle, Gospel, Offertory, Canon, Consecration, Communion & Post-Communion.
12 That D. Cosin at a publike dinner said, That the King was not supreme Head of the Church in England, nor could be so called; for which, and introducing and practising of severall the said Ceremonies, he was indicted at the general Assizes in Durham, 1629. and Billa vera returned, & spoke other scandalous, scornfull and malicious words against His Majesties supremacy.
13 That these innovations in the Communion-Table, Font, Candles, Pictures, Images, Copes, Singing, Vestments, Gestures, Prayers, Doctrines, and speeches of the said Cosin; & the other alterations being unlawfully introduced, & practised in the said Cathedrall Church by the said Dean & Prebends, Peter Smart one of the Prebends aforesaid, opposed the same, and in discharge of his duty, place and calling did upon July 27. 1628. being the Lords day, preach in the said Church against the same, reproving these innovations, & innovators, & exhorted the people to keep themselves from the infections of them, in which Sermon there was nothing scandalous, nor disagreeable to the Word of God, the Doctrine and Discipline of the Church of England.
14 That notwithstanding the said D. Cosin, both upon M. Smarts reading his Text, and going on in his Sermon suitable thereunto: very turbulently demeaned himselfe in the said Church; and the Sermon being ended, M. Smarts troubles began, for there was not one day set betweene his preaching and his punishment, for the said D. Cosin and William Iames, together with others since deceased, the same Lords day did send a Warrant in the nature of an Attatchment, under the high-Commission seale for that Province, by two Pursevants, to convent him before them: whereupon he personally appeared, and delivered to them the imperfect notes of his Sermon, which were sealed up, and he ordered to attend the next day, that the same might be truly copied out as he preached them, and as he should deliver them upon oath, and be bound in a Recognizance of 100. pound to appeare before them upon a days warning: but the said Dean and Prebendaries contrary to their order, did break up the seales, and wrote out severall copies of the imperfect notes, and sent them to London to severall Bishops. And the same day D. Cosin asked the advice of a Counsellour, whether he might not break open M. Smarts doors to search for papers, adding this reason, because the Lords of the Counsell did so. And afterward the said Dean and Prebendaries, with Iohn Lively and D. Easdell, were informers, prosecutors and Judges for six moneths against the said Peter Smart at Durham for the same, where they censured him by two Acts of Sequestration, and one of Suspension, and kept him ex officio in continuall personal attendance under great bonds, and paines of excommunication about foure moneths before there were any Articles exhibited against him; and five moneths before any Proctor was allowed him, and after he had there answered Articles upon oath, and six moneths detention before them; they caused a Warrant under the High-Commission Seal for the Province of Canterbury, and hands of William Lawd Bishop of London, Samuel Harsnet Bishop of Norwich, D. Caesar and D. Sammes, to be served upon him for his appearance at London; and afterward by Act in Court unlawfully transmitted him to London, to answer in the High Commission there for the same cause.
That the 12. of February 1628. M. Smart appearing at London before William then Bishop of London, now Archbishop of Canterbury, Sir Iohn Lamb, Edm. Pope, W. Sammes and D. Aleif, together with others deceased, they forced him to take the oath ex officio again, to answer Articles, which the said Archbishop said were matters of high nature against him, and ordered him to be examined thereupon before his departure out of London; and to be proceeded against ex officio, because the said Dean and Prebendaries had recommended the cause thither: according to which order M. Smart attended severall times upon the Register of the said High-Commission to answer, but could never get any Articles. And the said 23. of Aprill 1629. the said Archbishop, Bishop of Ely, and others did transmit him and the cause, with all the letters and complaints of the said Dean and Prebendaries against him unto Yorke unto the High-Commission there without any allowance of charges for his unjust vexation at London; because he was convented thither, and proceeded against upon complaint of the said Dean and Prebendaries, and refused to admit of M. Smarts Articles against them, although he offered sufficient bond of a thousand pound to prove the same, saying, they would not suffer such worthy men to be questioned.
15. That the 20 of June, Samuel then Arch-Bishop of York, Doctor Hodgson, and others, sent a Warrant under the High-Commission Seale for that Province, to convent him before them at York: And upon his appearance forced him to take the Oath ex Officio to answer Articles, and afterward unlawfully fined him five hundred pound by intimation, and certified the same into the Exchequer, and in November following committed him unlawfully to prison, and in December, committed him againe, and forced him again to take a fourth oath ex Officio, to answer Articles Additionalls, and continued him in vexatious attendance before them under great bonds untill the third of August 1630. when they proceeded to sentence ex parte: having sundry times before denyed him a commission to examine witnesses on his behalfe, interrupted his counsell, and suffered not the Breef of his defence to be read; And made many bitter invective speeches against him, and decreed that he should make a Recantation, conceptis verbis, as it should be delivered to him in three severall places, in York, and Durham, to be suspended totally ab officio, fined 400 pound, condemned in costs of suit, and committed to prison.
16 That the second of September following, they excommunicated him, November the 10 sequestred all his Ecclesiasticall livings, and Novemb. 18. they degraded him, ab omni gradu & dignitate clericali, because he did not recant, and pay costs: by colour of which degradation, his Prebendship, which Doctor Carre hath most injuriously ever since injoyed, and Parsonage were both taken from him, and he ever since hath been kept in prison, and layen under all the said severall censures, and indured divers other unconscionable, and unjust Acts and proceedings, both at Durham, London, and York; By which heavy and unjust oppressions, his life hath been severall times evidently endangered, and he and his children, lost and spent above 14000 pound of reall estate, whereby they are utterly undone.
17 That M. Smart Pasch. 5. Car. Reg. brought an action of false imprisonment in the Kings Bench, against D. Hodgson, D. Easdall, and Roger Blanchard their Pursevant, for their said two unjust commitments before their sentence, and after seven Termes spent in delayes, and severall peremptory orders for them to plead, he obtained judgment upon a nihil dicit, and 600 pound damages upon a writ of Enquiry, which was returned into the said Court; And by the then Judges over-ruled, and M. Smart ordered to accept a long and frivolous plea contrary to the opinion of Judge Crook; to which plea he demurred, but could not get it argued, whereby he never received any benefit or profit thereof.
18 That in July 1638 M. Smart having obtained his Majesties most gracious reference in his behalf, unto the now Bishop of Durham, Secretary Windebank did revoke the same, by his Letter to the said Bishop; who upon receipt thereof, sent two Pursevants with a warrant under the High Commission seal for that Province, signed by himself, Thomas Burwell, and others; whereby he was apprehended, and caried prisoner unto Durham, where he remained prisoner above six weekes: And from thence brought him prisoner in a cart to London, to the said Secretary, who remanded him prisoner to the Kings Bench; and about two dayes after, by the said Secretaries command was taken out of his own chamber, and put into the common prison, where he remained about a monethmonth, and sixteen weekes more close prisoner, in his own chamber, upon pretence that he had been at Glascow in Scotland, preaching and instigating the Scotts against Episcopall Government: whereas he was never in Glascow in his life, nor had directly nor indirectly any intelligence with the Scots. VponUpon which his said imprisonment, he severall times petitioned the said Secretary, Lord Bishop, Arch-Bishop, and his Majesty, but could never get any release or examination thereof; All which he hath, and is still ready to prove; by which unjust, cruell, and illegall Acts, and proceedings, of the said Bishop, Dean and Chapter of Durham, and the said high Commission of London and York, religion hath been mightily scandalized, the Church polluted, Iustice perverted, the lawes Ecclesiasticall and Temporall, and the lawfull liberty of the Subjects of this kingdome violated and infringed: And the said Peter Smart, his wife children and family most unjustly and unchristianly undone, and ruined, to the great dishonour of God, maintenance of injustice, and pernicious example to posterity.
All which said matters and things, the Commons do transmit to your Lordships; and impeach all the said partyes delinquent, to the end that they may be called to answer their severall crimes, and receive such condigne punishment: And M. Smart such reparations joyntly and severally from them all both for the said losses, and also for his dammage here by sustained, and that he be restored to his Eccesiasticall dignity, and living: and all the said sentences, and proceedings may be declared to be illegall, and unjust. And that such further proceedings, examinations, tryalls and judgments be upon every of them had, and used, as is agreeable to law and Justice.
As soon as this Declaration was read to the Lords, M. Rous proceeded thus.
My Lords,
I Am now to discover the root of M. Smarts persecution: Your Lordships have heard of a great designe to bring in Popery: you have heard of armies of souldiers, and particularly of the Popish Irish Army, the burden and complaint of the Commons: but there is another Army not so much spoken of, and that is an Army of Priests: for since Altars came in (so they delight to be called) it is a saying of Gregory the great, that when Antichrist is come, Praeparatus est exercitus Sacerdotum, there is an Army of Priests ready to receive him: this is fulfilled in our time, for certainly this Army of Priests doth many wayes advance the designe and plot of Popery.
A first is, by the subversion of our laws and government: our Laws and Popery cannot stand together, but either Popery must overthrow our Lawes, or our Lawes must overthrow Popery: but to overthrow our Lawes, they must overthrow Parliaments: and to overthrow Parliaments, they must overthrow property: they must bring the Subjects goods to be arbitrarily disposed, that so there may be no need of Parliaments. This hath been done by D. Manwaring (whom we finde wanting yet not in the seats, but at the Barre of the Lords House) and the like by D. Beale, and I think it was the intent of the late Canons.
A second way, by which this Army of Priests advanceth this Popish designe, is the way of treaty: this hath been acted both by writings and conference: Sancta Clara himselfe saith, Doctissimi eorum quibuscunque egi: so it seems they have had conference together: and Sancta Clara on his part labours to bring the Articles of our Church to Popery, and some of our side labour to meet him in the way: we have a testimony that the great Arch-Priest himselfe hath said, It were no hard matter to make a reconciliation if a wise man had the handling of it. But I verily believe, as the state of Papacy stands, a farre wiser man then he cannot reconcile us without the losse of our Religion: for the Pope being fastened to his errours, even by his chaire of inerrability, he sits still unmoved, and so we cannot meet, except we come wholly to him. A man standing in a boat tied to a rock, when he drawes the rope, doth not draw the rock to the boat, but the boat to the rock. And Sancta Clara doth (in this somewhat honestly) confesse it: for he saith he dealt in this way of treaty, not to draw the Church to the Protestants, but the Protestants to the Church.
A third way is a way of violence: this violence they exercise, partly by secular Arms, and partly by Priestly Armes, which they call spirituall: for secular armes, we have their own confession, that the late warre was Bellum Episcopale: and we have the Papists confession, that it was Bellum Papale: for in their motives they say, that the warre concernes them not only as subjects, but as Catholikes: for so they falsly call themselves: and if it be so, then bellum episcopale is also bellum pap… in the Episcopall warre the Papall cause is advanced: for the spirituall Armes, thus they come to execution. When a great man is coming, h… sumpters, his furniture, his provisions go before: the Popes furnit…, Altars and Copes, Pictures and Images are come before: and if we believe D. Cosin, the very substance of the Masse: a certain signe the the Pope was not farre off. Now these fore-runners being come, if any man resist them, fire comes out of the brambles, and devoures the Cedars of Libanus: the Army of Priests fals upon him with their armes of Suspention, Sequestration, Excommunication, Degradation and Deprivation. And by these armes hath M. Smart been oppressed and undone, he fals upon their superstitions and innovations, and they fall upon him with their armes: they beat him down, yea they pull him up by the roots, taking away all his means of maintenance and living, yet they leave him life to feel his miseries: Ita feriunt ut diu se sentiat mori, there is no cruelty to priestly cruelty: these are they that did put our very Saviour to death: the calling is reverend, but the corruption is most pernicious: Corruptio optimi peffima: I know no reason of this change, except it be that of the Apostle, because when they knew God, they did not worship him as God, but made a god of this world, placing the excellency of Priesthood in worldly pomp and greatnesse: and gave the glory of the invisible God to pictures, images and altars: therefore God gave them up to vile affections, to be implacable, unmercifull, and without naturall affection. But whatsoever the cause is of their corruption, certainly their armes have fallen heavy upon M. Smart, and priestly cruelty hath cast him into a long misery, from which he could get no release by any priestly mercy.
And now it is prayed, that as these delinquents by the cruell oppressions of M. Smart have advanced the cause of Popery, so they may in such a degree of justice be punished, that in them priestly cruelty, and the very cause of Popery may appeare to be punished and suppressed: And that M. Smart, suffering for the cause of Protestancy, may be so repaired, that in him pious constancy, and the very cause of Protest… may appeare to be righted and repaired.
FINIS.
End of the text · Peter Smart, Canterburys Cruelty (1643)