Canterburys Cruelty, Petition
Novemb. 3. 1640.
To the Honourable, the Knights, Citizens, and Burgesses of the Commons House of PARLIAMENT, The humble Petition of Peter Smart, a poore prisoner in the Kings Bench,
Humbly sheweth,
1 THat after the death of Bishop James, Bishop Neale coming to the See of Durham, the then Deane and Prebendaries of that Cathedrall Church cast the Communion-Table out of the same Church, and erected an high Altar at the East end of the Quire, of Marble stones, with a carved screen most gloriously painted and guilded, which cost about two hundred pound.
2 And they bought for forty shillings one Cope found in a search for Masse-Priests, embroydered with the image of the Trinity, and other Images; and another Cope which cost about ten groats, which had beene a long time used by the Youth of Durham in their Sports and May-games: a very fooles coat, both which Copes they used at the Administration of the holy Communion at their Altar.
3 To which Altar themselves both did, and forced others to use most unreasonable frequent bowing.
4 D. Cosin officiated thereat with his face toward the East, and back toward the people.
5 They (the Deane and Prebendaries) did likewise take away the Morning Prayer, to which about two hundred persons did usually resort, used for the space of about sixty yeares in the Cathedrall Church of Durham, as in all other Cathedrall and Collegiate Churches in England, to be read at six a clock plainly and distinctly in a peculiar place appointed for that purpose by Commissioners under the great Seale of England, Septemb. 25. primo Eliz.
6 And instead thereof altered the same into singing with Instruments, without reading any Chapters or Psalmes at the ordinary ten a clock Prayer.
7 They did likewise set up fifty three glorious Images and pictures over the Bishops Throne, and about the Quire in the said Church.
8 And they burnt two hundred waxe candles in one Candlemas night in honour of our Lady.
9 They brought in sundry other superstitious and unwarrantable observations into that Church.
10 To the observation whereof they forced divers, and publikely brawled in the time of Divine Service in the Church with others, who would not observe the same; calling them lazie sowes, and dirty whores, tearing some gentlewomens apparell; calling them Pagans, and thrusting them out of the Church, who refused to obey them therein: for which violent, turbulent demeanour D. Cosin was twice indicted at the Quarter-Sessions holden at Durham.
11 Some of them preached in a Cope and sate to heare Divine Service in a Cope in the said Cathedrall Church.
12 And others of them, viz. D. Cosin, preaching in the said Church upon the Parable of the tares; delivered this doctrine, That the reformers of the Church, when they tooke away the Masse, took away or mar'd all Religion, and the whole Service of God; And that it was a deformation indeed, though they called it a reformation.
13 And he, the said D. Cosin, publikely maintained, that the Kings Majesty is not supreme Head of the Church in England, nor could be so called, for that he had no more power to meddle in Ecclesiasticall matters then the fellow that rubs his horses heeles; for which he was indicted Anno 1629. at the Assizes at Durham, and found guilty thereof by the oathes of three men of worth: which indictment remaines yet untraversed.
14 Your Petitioner being a senior Prebendary of that Church, and one of His Majesties High Commissioners for Causes Ecclesiasticall in the Province of York, and in judgment and practice punctually conformable to the Doctrine and Discipline established in the Church of England, opposed the same innovations, and doctrines, according to his place and calling.
15 But not prevailing therein, he in July 27. 1628. according to the third Injunction, preached in the said Church, against the said Innovations; for which Sermon he was presently convented before the High-Commission holden at Durham, and before any Articles exhibited against him, suspended, and his living sequestred. And after his answer upon oath to the Articles, and sixe moneths detention in the said High-Commission, where he was proceeded against with all rigour and extremity, according to the expresse command (as some of the High Commissioners in open Court said) of some Bishops in London.
16 He was served with a Warrant under the High Commission Seale for the Province of Canterbury, and hands of William L. Bishop of London, Samuel L. Bishop of Norwich, D. Caesar, and D. Sammes, to appeare before the High Commission holden at London, and there forced againe to take his Oath Ex Officio, and to attend above a quarter of a yeere for Articles, which were pretended to be matters of high nature against him.
17 And was afterward remanded without any Articles to Yorke, where in August 1630. they proceeded to sentence ex parte, having denied your Petitioner a Commission to examine witnesses on his behalfe: where he was excommunicated, degraded, fined seven hundred pound, and imprisoned, for opposing and preaching against the said Doctrines and superstitious Innovations.
81 Notwithstanding that, D. Cosin, and one M. Burgoyne were indicted in August, 1629. at Durham Assizes upon severall Bills, and found guilty thereof, which remaine likewise untraversed; this legall conviction notwithstanding, the said D. Cosin since is made one of His Majesties Chaplains in Ordinary, admitted to his Degree of Doctor, Master of Peter-House in Cambridge, and Vice-Chancellour of Cambridge, also Dean of Peterborough (beside foure great livings he had before) and all proceedings upon the former indictments against him stopped.
19 That your Petitioner was two severall times imprisoned at York before their said sentence, for which injurious imprisonment he commenced his action at law against some of the said high Commissioners, and obtained Judgment thereupon, and sixe hundred pound dammages, yet cannot have any fruit thereof.
20 That your Petitioner petitioned, and preferred Articles into the High Commission in London against the said Dean and Prebendaries for the said Doctrines, and Innovations, profering to give good security to prove all the said Articles: But the said Petition and Articles were utterly rejected by the said Court, who said, they would not suffer such worthy men to be questioned.
21 That your Petitioner hath been kept in prison upon the said sentence in great penury and want almost ten yeares, and lost both his dignity, and Parsonage, and whole estate, whereby he, his wife and children are utterly ruined in their persons, posterity, and fortunes.
22 That your Petitioner is now, and hath been above twelve moneths close prisoner, and His Majesties most gracious Reference in his behalfe unto the now Lord Bishop of Durham revoked; upon pretence that he was lately at Glascow in Scotland, preaching and instigating the Scots against Episcopall government; whereas he was never at Glascow in his life, nor in Scotland these twenty four years past: nor had directly nor indirectly any intelligence with the Scots.
23 In tender commiseration whereof, your Petitioner most humbly beseecheth your serious consideration, both of his miserable distressed condition, and great opressions: as also of the said Innovations and offences of the said D. Cosin, and the other Prebendaries of Durham, with their abettors, who persecuted and censured your Petitioner: And to take such course, both for your poore Petitioners releife and release; As also for reformation of the said Doctrines, Innovations, and proceedings, and prevention of the like hereafter, as to your great wisdomes shall seeme meet.
And for that your Petitioner is much decayed in his health, by reason of his late restraint, and very poore: he humbly beseecheth you presently to give order for his release from his close imprisonment; and that he may have present Execution upon the said Judgment for the said sixe hundred pounds, whereby he shall be enabled to prosecute and prove this his most just complaint against all his adversaries. And your Petitioner shall pray, &c.