which my Lord calls so That if these Corruptions be fundamental they may be such too as may keep these Churches which he speaks of from being true Churches and the Ministry from being a true Ministry But if these Corruptions be of a very light Allay as I verily believe they are if there be any then his Lordship ought not to separate but to joyn in Communion with them for all these either Yokes or Corruptions The Apostle indeed tells us of a Church without Wrinkle Ephes. 5. But that is a Triumphant Church in Heaven not a Militant upon Earth And for the Yokes which my Lord speaks of they are not Yokes of Bondage as he pleases to call them but Yokes of Obedience which whenever they shall be broken the wild Asses of the Wilderness will over-run all My Lord goes farther and says That in these true Churches this true Ministry does yield unto and admit of these Yokes and these Corruptions contrary as he thinks to their Duty But it seems they think not so or if they do think so why do they not remonstrate their Grievance Sure if their Conscience tell them they do against their Duty they ought to inform their Conscience or forbear the Work To inform their Conscience I am sure is fit for them if they need it Though it seems my Lord would rather have them forbear the Duty the doing whereof he calls their yielding unto and their admitting these things which he calls Yokes and Corruptions As for that which follows and which my Lord says he is sure of that no Separatist in England that deserves that Name holds that which his Lordship says here he doth believe In that also I conceive his Lordship is utterly mistaken For I believe there is no Separatist in England Brownist or other deserving that Name but he holds and will say as much as my Lord believes namely that there are in England many true Churches that is Assemblies or Congregations of their own Brotherhood And a true Ministry To wit those which themselves have made And that they do hear them that is such as these Yea and that they could joyn in Communion with some other Churches were those Yokes of Bondage which are layd upon them taken off and those Corruptions removed That is upon the matter if they would become as themselves are then they would joyn with them And this 〈◊〉 of all doubt they think they ought to do and neither yield unto such Yoeks nor admit of such Corruptions So that my Lord may see every 〈◊〉 〈◊〉 in England even they which most deserve that Name hold that which his Lordship believes And therefore no question can be made but that my Lord deserves that Name as much as any of them even while he says he is sure no Separatist in England that deserves that Name holds as he doth But to come to the quick The Brownists and Separatists deal plainly with God and the World and say expresly that the whole Church of England as it stands established by Law is peccant both in the Doctrine Liturgy and Discipline of it and in such a degree as that they neither will nor can joyn in Communion with it And therefore separate from it and betake themselves to their own private Opinions and Congregations But my Lord he Equivocates both with God and Man And tells us he believes there are true Churches in England and a true Ministry which he hears And this no Separatist that understands himself but will say as fast as he But let his Lordship come home to the Business directly and plainly Let him say that the Church of England is a true Church That the Ministry of it is a true Ministry That the Doctrine Liturgy and Discipline of it as it stands established now by Law are free from any such Corruptions as give just cause for a Separation And when he hath said this let him joyn in Communion with it as he ought to do and then he shall wrong my Lord very deeply that says he is a Separatist But for all this which he hath yet said for himself 't is manifest that a Separatist he is And I doubt hath hereby proved himself whether I will or no the greatest Separatist in England And therefore he hath little cause to hope as he says he doth that he shall stand right in their Lordships Opinions or any other Man's that is not possest with the same Humour Yet my Lord hath two Requests to make I will now end with two Requests The one that your Lordships will please to pardon me for troubling you with so long a Discourse concerning my self I have not used it heretofore and I am not like to offend again in the same kind It is but once and your Lordships will consider the occasion In this Suit were there need I would joyn with my Lord. For though I have a great deal of hard Measure put upon me in this Speech yet I have the more reason to be content with it because this whole Discourse of my Lord's well weighed is more against himself than me And such Trouble of his Lordship's I hope all Men well affected to the present Church of England will easily Pardon And this I doubt not but their Lordships and all Men else will the rather do when they consider the Occasion Which certainly I gave not personally in the House But a Guilty Conscience it seems would needs be meant The Second Request is to entreat of you that where you know there is one and the same God worshipped one and the same Faith embraced one and the same Spirit working Love and causing an unblamable Conversation without any offence to the State in your Brethren who in all these concur with you you will not suffer them for Ceremonies and Things indifferent to you but not to them but Burthens which without offence to the State or prejudice to the Churches you may take off if you will to be thrust out of the Land and cut off from their Native Country For if you thus shall wound the Consciences of your Brethren you will certainly offend and sin against Christ. In this second Request I can easily agree with my Lord in some things but must differ in other And First I agree with all my Heart that I would have no pressure at all much less cutting off from their Native Country put upon them who are known to worship the same God to embrace one and the same Faith and one and the same Spirit working Love But in this I must disagree that the Separatists for they are the Men of whom this Lord speaks thus and says they are your Brethren and concur with you in all these are not known to be such For though he be one and the same God whom they worship yet the Worship is not one and the same For my Lord says plainly that our set Forms are Superstition And that he cannot joyn in Communion with us till our
shortly to follow and therewith give to the Publick what farther Account of them I shall then judge necessary The Originals both Diary and History I intend at my Death to leave to St John's Colledge in Oxford where the Authour the Arch-Bishop was bred to which place he ever bore so great a Love and where his Body now remaineth Which Intention of mine I chose here to mention that the 〈◊〉 and Fellows of that Colledge may hereafter if they shall think so 〈◊〉 demand them from my Executors To conclude although Private and Personal Matters or Affections ought 〈◊〉 〈◊〉 to be admitted to accompany a Work of such a publick Nature yet I cannot forbear to say that it is an inexpressible satisfaction to me that in the Edition of this Work I have been able to serve the Illustrious Author of it and my most Reverend Deceased Patron and the Church of England at the same time And more particularly that I account it the most Fortunate Transaction of my whole Life to have contributed herein to the vindication of the Memory and the Cause of that most Excellent Prelate and Blessed Martyr to whom I have always paid a more especial Veneration ever since I was able to form any Judgment in these matters as firmly believing him to have taken up and prosecuted the best and most effectual Method although then in great measure unsuccessful through the malignity of the Times and to have had the Noblest the most Zealous and most sincere Intentions therein towards Re-establishing the Beauty the Honour and the Force of Religion in that part of the Catholick Church the Church of England to the Service of which I have entirely devoted my Life my Labours and my Fortunes Feb 2. 1693 4. Hen. Wharton THE CONTENTS OF THIS VOLUME ARch-Bishop Laud's Diary of his Life wrote by himself and published from the Original Pag. 1 His Account of matters of Piety and Charity projected to be done by himself 68 His large History of his own Troubles and Tryal divided into CHAPTERS 71 CAP. I. An Account of his first Accusation and Commitment 73 CAP. II. Of the Original Causes and Occasions of his Troubles 75 CAP. III. The Articles exhibited against him to the Parliament by the Scottish Commissioners with an Answer to them 87 CAP. IV. The Additional Charge of the Scots exhibited against him with an Answer to it 137 CAP. V. An Account of what passed in relation to him or his Cause from his Commitment to Febr. 26. 〈◊〉 144 CAP. VI. An Account of what Passed at the Bar of the House of Lords when the Commons brought up their Charge against him 148 CAP. VII The first Articles of the Commons exhibited against him with an Answer to them 〈◊〉 CAP. VIII An Account of his Commitment to the Tower and what passed 〈◊〉 thence to March 13. 〈◊〉 174 CAP. IX Of what passed from thence to May 1. 1641. Pag. 176 CAP. X. Of what passed from thence to September 23. 1641. 181 CAP. XI Of what passed from thence to January 4. 〈◊〉 183 CAP. XII Of what passed from thence to February 24 〈◊〉 187 CAP. XIII Of what passed from thence to March 6 〈◊〉 190 CAP. XIV Of what passed from thence to March 24. 〈◊〉 192 CAP. XV. Of what passed from thence to May 16. 1642 194 CAP. XVI Of what passed from thence to January 6. 〈◊〉 196 CAP. XVII Of what passed from thence to May 27. 1643. 200 CAP. XVIII Of the Search made upon him in the Tower and his Papers taken away from him May 31. 1643. 205 CAP. XIX Of what passed from thence to October 3. 1643. 207 CAP. XX. Of what passed from thence to March 9. 1643 4. 211 CAP. XXI An Account of the Preliminaries and Preparation to his Tryal which began March 12 〈◊〉 216 CAP. XXII An account of his First Day 's Tryal March 12. 1643 4. 220 CAP. XXIII Of the Second Day 's Tryal March 13 〈◊〉 229 CAP. XXIV Of the Third Day 's Tryal March 16. 〈◊〉 242 CAP. XXV Of the Fourth Day 's Tryal March 18. 1643 4. 244 CAP. XXVI Of the Fifth Day 's Tryal March 22. 1643 4. 260 CAP. XXVII Of the Sixth Day 's Tryal March 28 1644. 270 CAP. XXVIII Of the Preparation to the Seventh Day 's Tryal 280 CAP. XXIX Of the Seventh Day 's Tryal Apr. 16. 1644. 282 CAP. XXX Of the Eighth Day 's Tryal May 4. 1644. 292 CAP. XXXI 〈◊〉 the Ninth Day 's Tryal May 16. 1644. 301 CAP. XXXII Of the Tenth Day 's Tryal May 20. 1644. 310 CAP. XXXIII Of the Eleventh Day 's Tryal May 27. 1644. Pag. 317 CAP. XXXIV Of the Twelfth Day 's Tryal June 6. 1644. 329 CAP. XXXV Of the Thirteenth Day 's Tryal June 11. 1644. 338 CAP. XXXVI Of the Fourteenth Day 's Tryal June 14. 1644. 347 CAP. XXXVII Of the Fifteenth Day 's Tryal June 20. 1644. 354 CAP. XXXVIII Of the Sixteenth Day 's Tryal June 27. 1644. 390 CAP. XXXIX Of the Seventeenth Day 's Tryal July 5. 1644. 366 CAP. XL. Of the Eighteenth Day 's Tryal July 17. 1644. 374 CAP. XLI Of the Nineteenth Day 's Tryal July 24. 1644. 389 CAP. XLII Of the Twentieth Day 's Tryal July 29. 1644. 400 CAP. XLIII The Arch-Bishop's Recapitulation of his Defence made at the Bar of the House of Lords Sept. 2. 1644. 412 CAP. XLIV The Plea or Defence made for the Arch-Bishop by his Councel at the Bar of the House of Lords Octob. 11. 1644. 422 CAP. XLV The Arch-Bishop's Defence of himself at the Bar of the House of Commons Novemb. 11. 1644. 432 CAP. XLVI An Account of what passed from thence in both Houses to his Condemnation Jan. 4. 〈◊〉 441 A short Account of the Arch-Bishop's Condemnation Suffering taken from Mr. Rushworth's Collections 443 A larger Account of the same and of the manner of his Suffering taken from Dr. Heylin's Life of him 444 The Arch-Bishop's Speech made upon the Scaffold Jan 10 〈◊〉 with his Prayers and behaviour there 447 The Arch-Bishop's Last Will and Testament 454 Nine Passages taken out of the Arch-Bishop's Conference with Fisher the Jesuit referr'd to in the preceding History 458 Twelve Passages out of other Printed Books referr'd to in the preceding History and Tryal 461 The Arch-Bishop's large Answer to the Speech of the Lord Say and Seal touching the Liturgy Pag. 470 The Arch-Bishop's Annual Accounts of his Province presented to the King with the King 's Apostils or Marginal Notes upon them 515 The King's Instructions sent to Arch-Bishop Abbot in the Year 1629. 517 Arch-Bishop Abbot's Account of his Province to the King for the Year 1632. 519 The Kings Instructions sent to Arch-Bishop Laud in the Year 1634. 520 A Memorial of the Arch-Bishop's Account of his Province to the King for the Year 1635. 523 A Note of Arch-Bishop Sancroft and a Letter to him about the same 524 Arch-Bishop Laud's Account of his Province to the King for the Year 1633. 525 His Account for the
be made of this Canon what their Reason was they best know I returned Answer belike in this sort That the Canon stood behind the Curtain and would not be throughly understood by every Man yet advised the Printing in regard of the necessary use of it For let this Canon be in force and right use made of it and a National Church may ride safe by God's Ordinary Blessing through any Storm which without this Latitude it can never do The next Charge is in 2. The Title prefixed to these Canons by our Prelates For there 't is thus Canons agreed on to be proponed to the several Synods of the Kirk of Scotland And is thus changed by Canterbury Canons and Constitutions Ecclesiastical c. Ordained to be observed by the Clergy He will not have Canons to come from the Authority of Synods but from the Power of Prelates or from the Kings Prerogative I perceive they mean to sift narrowly when the Title cannot scape But truly in this Charge I am to seek which is greater in my Accusers their Ignorance or their Malice Their Ignorance in the Charge or their Malice in the Inference upon it The Title was Canons agreed upon to be proponed to the Synods of the Kirk of Scotland And this was very fit to express the Prelates intendment which for ought I know was to propose them so But this Book which was brought to me was to be Printed And then that Title could not stand with any Congruity of Sense For no Church uses to Print Canons which are to be proponed to their Synods but such as have been proposed and agreed on Nor did this altering of the Title in any the least thing hinder those worthy Prelates from Communicating them with their Synods before they Printed them And therefore the Inference must needs be extream full of Malice to force from hence that I would not have Canons come from the Authority of Synods but from the Power of Prelates or the King's Prerogative Whereas most manifest it is that the fitting of this Title for the Press doth neither give any Power to Prelates nor add to the King's Prerogative more than is his due nor doth it detract any thing from the Authority of Synods For I hope the Bishops had no purpose but to Ordain them in Synod to be observed by the Clergy c. and Approved and Published by the King's Consent and Authority After this comes 3. The formidable Canon Cap. 1. 3. threatning no less than Excommunication against all such Persons whatsoever shall open their Mouths against any of these Books proceeded not from our Prelates nor is to be found in Copies sent from them but is a Thunderbolt forged in Canterbury's own Fire First whether this Canon be to be found in the Copies sent from your Prelates or not I cannot tell but sure it was in the Copy brought to me or else my Memory forsakes me very strangely Secondly after all this Noise made of a Formidable Canon because no less is threatned than Excommunication I would fain know what the Church can do less upon Contempt of her Canons Liturgy and Ordinations than to Excommunicate the Offenders or what Church in any Age laid less upon a Crime so great Thirdly suppose this Thunderbolt as 't is called were forged in Canterbury's Fire yet that Fire was not outragious For this Canon contains as much as the 4. 5. 6. 7. 8. Canons of the Church of England made in the beginning of the gracious Reign of King James And yet to every one of those Canons there is an Excommunication in Facto affixed for every one of these Crimes single Whereas this Canon shoots this one Thunderbolt but once against them all And this I would my Accusers should know that if no more Thunderbolts had been forged in their Fire than have been in mine nor State nor Church would have Flamed as of late they have done 4 Our Prelates in divers Places witness their dislike of Papists A Minister shall be deposed if he shall Rushw. be found negligent to convert Papists Cap. 8. 15. The Adoration of the Bread is a Superstition to be condemned Cap. 6. 6. They call the Absoluteness of Baptism an Errour of Popery Cap. 6. 2. But in Canterbury's Edition the Name of Papists and Popery are not so much as mentioned Here 's a great general Accusation offered to be made good by three Particulars The general is that in the Copy of the Canons which their Prelates sent there 's a dislike of Papists But none in the Edition as it was alter'd by me Now this is utterly untrue for it is manifest cap. 1. 1. There is express care taken for the King's Majesty's Jurisdiction over the Estate Ecclesiastical and abolishing all Foreign Power repugnant to it And again in the same Canon That no Foreign Power hath in his Majesty's Dominions any Establishment by the Law of God And this with an Addition That the Exclusion of all such Power is just And Cap. 2. 9. 't is Ordained that every Ecclesiastical Person shall take the Oath of Supremacy And Cap. 10. 3. All Readers in any Colledge or Schools shall take the Oaths of Allegiance and Supremacy And sure I think 't is no great matter whether Papists or Popery be Named so long as the Canons go so directly against them This for the General Now for the three Particulars And first That which was in Cap. 8. 15. That a Minister shall be deposed if he be found negligent to convert Papists I did think fit to leave out upon these two Grounds The one that the Word Negligent is too general an Expression and of too large an extent to lay a Minister open to Deposition And if Church-Governours to whom the execution of the Canons is committed should forget Christian Moderation as they may Pati humana a very worthy Minister might sometimes be undone for a very little Negligence for Negligence is Negligence be it never so little Besides I have learned out of the Canons of the Church of England that even gross Negligence in a matter as great as this is is punished but with Suspension for three Months The other Ground why I omitted this clause is Because I do not think the Church of Scotland or any other particular Church is so blessed in her Priests as that every of her Ministers is for Learning and Judgment and Temper Able and Fit to convert Papists And therefore I did think then and do think yet that it is not so easie a work or to be made so common but that it is and may be much fitter for some able selected Men to undertake And if any Man think God's Gifts in him to be neglected as Men are apt to overvalue themselves let them try their Gifts and labour their Conversion in God's Name But let not the Church by a Canon set every Man on work lest their Weak or Indiscreet Performance hurt the Cause and blemish the Church The
saw plainly they were like Men that groped in the Dark and were to seek what to lay to my Charge But soon after Mutterings arose that Mr. Pryn in his Search had found great Matters against me and that now I should be brought to Tryal out of Hand Some Men now it seems made Overture for Peace and some good hopes of it began to shew themselves as it was then said in both Houses This was on Saturday Aug. 5. But there wanted not those which made themselves ready for Battel For on Sunday Aug. 6. Printed Bills were pasted up in London to animate the People to go to Westminster against Peace and the like Bills were Read in some Churches Excellent Church-work And on Munday Aug. 7. some Thousands Men and Women went to the Parliament and clamorously Petitioned against Peace and the next day five or six Hundred Women and these were as earnest for Peace But ye may observe 't is but Hundreds for Thousands that came against it Yet on Wednesday Aug. 9. the number of Women increased when it seems Men durst not appear But their desire for Peace was answer'd by some Troops of Horse which were sent for by which some of the Women were killed and divers of them shrewdly wounded God of his Mercy set an end to these bloody Distractions In the midst of this Fury of the People on Thursday Aug. 10. came out Rome's Master-Piece This Book Mr. Pryn sets forth in print upon occasion of some Papers which he had in his search taken from me And 't was done to drive the People headlong into mischief whose Malice against me needed not his setting on After this the Diurnal and other Pamphlets began to mention me and that now a Charge was drawing up against me Upon Friday Aug. 11. Sir Robert Harlowe was made Lieutenant of the Tower in the room of Sir Jo. Conniers And on Tuesday Aug. 15. he removed Mr. Bray who had been my Warder from my first Commitment to the Tower and put Mr. Cowes another of the Warders to be my Keeper The cause of this change I could never learn The Nineteenth of Aug. after being Saturday Alderman Pennington then Lord Mayor of London was made Lieutenant of the Tower and took possession of it The next day being Sunday in the Afternoon one Preached in the tower-Tower-Church in a Buff-Coat and a Scarf but had a Gown on He told the People they were all Blessed that dyed in this Cause with much more such Stuff His Name as I then heard was Kem Parson or Vicar of Loe-Layton in Essex and then Captain of a Troop of Horse Quam bene conveniunt But the next Sunday Aug. 27. during the Afternoon Sermon a Letter Subscribed John Browne was thrust under the Door of my Prison When I opened it I found it a most bitter Libel God forgive the Author of it On Munday Septem 11. the new Lieutenant the Lord Mayor changed my Warder again removed Mr. Cowes and put Mr. Spencer to attend me And when I moved him that I might not have such often change put upon me as no other Prisoner had His Answer was that if he did not remove Mr. Cowes the Committee would So I knew not how to help my self but by Patience Then came the Covenant that excellent Piece of ...... from Scotland and was Sworn by the Parliament and the Synod in St. Margarets Church in Westminster on Munday September 25. The Effects which followed were as strict as the Covenant For on Munday Octob. 3. the Order made that time Twelve-Month was renewed and all Prisoners locked up and no Man suffered to speak with them but by leave from the Lieutenant and in the presence of their several Warders respectively CAP. XX. BY this time Mr. Pryn's malice had hammer'd out something And on Tuesday Octob. 24. an Order was brought me from the Lords Dated Octob. 23. with a Copy of ten Additional Articles brought up by the Commons against me This Order required me to make my Answer in Writing by the Thirtieth of the same Month. These Articles charged me not with Treason only as the former did but with Treason and other high Crimes and Misdemeanours I sent instantly by the same Messenger a Petition for longer time for Means out of my Estate to Fee my Councel and bear the necessary Charge of my Trial for Councel and for a Solicitor and some Servants to attend my Business The Lords I humbly thank them gave me longer time and assigned me Mr. Hearn Mr. Chute Mr. Hales and at my Petition added Mr. Gerrard For Money they referred me to the Committee of Sequestrations but delayed their Answer concerning my Servants and the Papers of my Defence which Mr. Pryn took from me For though he promised me a faithful Restitution of them within three or four days yet to this day being almost five Months after I had received but three Bundles of the Twenty and one which he had from me Friday Octob. 27. I Petitioned again that the Papers of my Defence being as I was informed in the hands of the Close Committee might be delivered unto me and sent my Petition with the Order of the Lords annexed to the Committee for Sequestrations There many were very favourable till Mr. Glyn was pleased to say They were not to allow me Means and there was a known Course in Law which was that I might go on in Formâ Pauperis and so was left without any Allowance out of my Estate to Fee my Councel or supply other Wants This succeeding so ill with me I Petitioned the Lords again on Saturday Octob. 28. and then Mr. Dell my Secretary was assigned me for my Solicitor and I was allowed two Servants more to go about my Business And the House of Commons by their Order agreed to the Lords that I should have Copies of any the Papers taken from me but it should be at my own Charge Wonderful Favour this and as much Justice My Estate all taken from me and my Goods sold before ever I came to Hearing And then I may take Copies of my Papers at my own Charge On Tuesday Octob. 31. I humbly Petitioned the Lords for direction of my Councel how to carry themselves towards me and my Defence and that they would Honourably be pleased in regard the Articles Charged me with Treason and Misdemeanour and were intermixed one with another to distinguish which were for Treason and which for Misdemeanour as also for longer time to put in my Answer The Lords upon this gave an Order that I should have time till Novemb. 13. but would declare no Opinion touching the distinguishment of the Articles but left me to my Councel to advise as they pleased My Councel told me plainly I were as good have no Councel if the Articles were not distinguished for they were so woven one within another and so knit up together in the
see it Flourish in another Hundred Years 't is that which I cannot hope for now He says there was a Reference to the Councel on both sides and that under that Reference the Business dyed And if it dyed then what makes it here before the Resurrection Yea but says Mr. Nicolas here 's Agitation about the submitting of the Sword which is the Emblem of Temporal Power But neither to Foreign nor Home Power but only to God and that in the place and at the performance of his Holy Worship At which time and place Christian Kings submit themselves and therefore cannot stand upon the Emblems of their Power Nor would the Lords of the Council have made either Order or Reference had there been any thing of danger or against Law in this kind of submitting Mr. Yorke was produced as another Witness but said just the same with Marsh and so the same Answer served him Then followed a Charge about the Charter of York to be renewed and that I did labour to have the Arch-Bishop of York his Chancellor and some of the Residentiaries named in it to be Justices of Peace within the City To prove this Alderman Hoyle is produced Who says There was an Order of the Council about this but cannot say that I procured it So far then this Proof reaches not me For the Bishop his Chancellor and some of the Residentiaries to be Justices of Peace within the City If I were of this Opinion as then advised I am sure there 's no Treason in it and I believe no Crime And under your Lordships Favour I could not but think it would have made much Peace and done much Good in all the Cities of England where Cathedrals are Lastly he says There was a Debauched Man committed about breach of the Sabbath and being casually smother'd I should say they deserved to be Hanged that Killed him Concerning this Man he lost his Life that 's confessed His Debauchery what it was is not proved And were he never so disorderly I am sure he was not without Legal Tryal to be shut up into a House and smother'd That is against both Law and Conscience And the Officers then in being had reason to smother the Business as much as they could And it may be deserved somewhat if not that which this Alderman says I said to his best Remembrance For so and with no more certainty he expressed it This I am sure I said That if the Bishop 〈◊〉 any of the Church had been then in their Charter the Poor Man's Life had not been lost The Fourth Charge was just of the same Nature concerning the Charge of Shrewsbury For this there were produced two Witnesses Mr. Lee and Mr. Mackworth But they make up but one between them For Mr. Lee could say nothing but what he acknowledges he heard from Mr. Mackworth And Mr. Mackworth says first That the Schoolmaster 's Business was referred to other Lords and my self That 's no Crime and to my knowledge that has been a troublesom business for these Thirty Years He says I caused that there should go a Quo Warranto against the Town This is but as Mr. Owen informed him so no proof Beside 't is no Crime being a Referee if I gave legal Reason for it Nor is it any Crime that the Bishop and his Chancellor should be Justices within the Town As is aforesaid in the Case of York Considering especially that then many Clergy-Men bare that Office in divers Counties of England He adds that an Old Alderman gave Fifty Pound to St. Pauls But out of what Consideration I know not nor doth he speak And if every Alderman in the Town would have given me as much to that use I would have taken it and thanked them for it Then he says There was an Order from all the Lords Referees for setling all things about their Charter So by his own Confession the whole Business was transacted publickly and by Persons of great Honour and nothing charged upon my Particular If Mr. Owen sent me in a Butt of Sack and after put it upon the Town Account for so he also says Mr. Owen did ill in both but I knew of neither And this the Councel in their Reply said they urged not in that kind Lastly the Charter it self was Read to both Points of the Bishops and his Chancellors being Justices of Peace within the Town and the not bearing up of the Sword To both which I have answer'd already And I hope your Lordships cannot think his Majesty would have passed such a Charter Or that his Learned Councel durst have put it to him had this thing been such a Crime as 't is here made The next Charge was out of my Diary at March 5 1635. The words are William Juxon Lord Bishop of London made Lord High Treasurer of England No Church-Man had it since H 7 time I pray God bless him to carry it so that the Church may have Honour and the King and the State Service and Contentment by it And now if the Church will not hold up themselves under God I can do no more I can see no Treason in this nor Crime neither And though that which I did to help on this Business was very little yet Aim I had none in it but the Service of the King and the Good of the Church And I am confident it would have been both had not such troublesom Times followed as did Then they instanced in the Case of Mr. Newcomen But that Cause being handled before they did only refer the Lords to their Notes And so did I to my former Answers Then followed the Case of Thorn and Middleton which were Fined in the High Commission about some Clergy-Mens Business Thorne being Constable The Witnesses in this Case are Three 1. The first is Huntford if I took his Name right And for the Censure of these Men he confesses it was in and by the High Commission and so no Act of mine as I have often pleaded But then he says that I there spake these words That no Man of their Rank should meddle with Men in Holy Orders First he is in this part of the Charge single and neither of the other Witnesses comes in to him Secondly I humbly desire the Proceedings of the High Commission may be seen which are taken out of our hands For so far as I can remember any thing of this Cause the Minister Mr. Lewis had hard measure And perhaps thereupon I might say that Men of their Rank should not in such sort meddle with Men in Holy Orders But to tax the proceedings of a violent busie Constable was not to exempt the Clergy from Civil Magistracy Upon this he falls just upon the same words and says that I utter'd them about their offering to turn out a Corrector from the Printing-House This Corrector was a Minister and a well deserving Man The Trust of the Press was referred to the High-Commission Court And
into a Jewish Superstition while we seek to shun Profaneness This Calvin hath in the mean time assured me That those Men who stand so strictly upon the Morality of the Sabbath do by a gross and carnal Sabbatization three times out-go the Superstition of the Jew Here it was inferred that there was a Combination for the doing of this in other Dioceses But no proof at all was offer'd Then Bishop Mountague's Articles and Bishop Wrenn's were Read to shew that Inquiry was made about the Reading of this Book And the Bishop of London's Articles Named but not Read But if I were in this Combination why were not my Articles Read Because no such thing appears in them and because my Articles gave so good content that while the Convocation was sitting Dr. Brownrigg and Dr. Holdsworth came to me and desired me to have my Book confirmed in Convocation to be general for all Bishops in future it was so moderate and according to Law But why then say they were other Articles thought on and a Clause that none should pass without the Approbation of the Arch-Bishop Why other were thought on because I could not in Modesty press the Confirmation of my own though solicited to it And that Clause was added till a standing Book for all Dioceses might be perfected that no Quaere in the Interim might be put to any but such as were according to Law The Sixth Charge was about Reversing of a Decree in Chancery as 't is said about Houses in Dr Walton's Parish given as was said to Superstitious Vses 1. The First Witness was Serjeant Turner He says He had a Rule in the King's Bench for a Prohibition in this Cause But by Reason of some defect what is not mentioned he confesses he could not get his Prohibition Here 's nothing that reflects upon me And if a Prohibition were moved for that could not be personally to me but to my Judge in some Spiritual 〈◊〉 where it seems this Cause depended and to which the Decree in Chancery was directed And indeed this Act which they call a Reversing was the Act and Seal of Sir Nath. Brent my Vicar General And if he violated the Lord Keeper's Decree he must Answer it But the Instrument being then produced it appeared concurrent in all things with the Decree The Words are Juxta scopum Decreti hac in parte in Curiâ 〈◊〉 factum c. 2. The Second Witness was Mr. Edwards And wherein 〈◊〉 concurs with Serjeant Turner I give him the same Answer For that which he adds that Dr. Walton did let Leases of these Houses at an undervalue and called none of the Parishioners to it If he did in this any thing contrary to Justice or the Will of the Donor or the Decree he is Living to Answer for himself me it concerns not For his Exception taken to my Grant of Confirmation I think he means and to the Words therein Omnis Omnimoda c. 'T is the Ancient Stile of such Grants for I know not how many Hundred Years no Syllable innovated or altered by me Then followed the Charge of Mr. Burton and Mr. Pryn about their Answer and their not being suffer'd to put it into the Star-Chamber Which though Mr. Pryn pressed at large before yet here it must come again to help fill the World with Clamour Yet to that which shall but seem new I shall Answer Two things are said 1. The one That they were not suffered to put in their defence Modo Forma as it was laid There was an Order made openly in Court to the Judges to Expunge Scandalous Matter And the two Chief Justices did Order the Expunging of all that which was Expunged be it more or less As appears in the Acts of that Court. 2. The other is that I procured this Expunging The Proofs that I procured it were these 1. First because Mr. Cockshot gave me an Account of the business from Mr. Attorney I had Reason to look after the business the whole Church of England being scandalized in that Bill as well as my self But this is no Proof that I either gave direction or used any solicitation to the Reverend Judges to whom it was referred 2. Secondly because I gave the Lords thanks for it It was openly in Court It was after the Expunging was agreed unto And what could I do less in such a Cause of the Church though I had not been personally concerned in it 3. Thirdly because I had a Copy of their Answer found in my Study I conceive it was not only fit but necessary for me to have one the Nature of the Cause considered But who interlined any passages in it with black Lead I know not For I ever used Ink and no black Lead all my Life These be strange Proofs that I procured any thing Then Mr. Pryn added That the Justice and Favour which was afforded Dr. Leighton was denyed unto him As far as I remember it was for the putting in of his Answer under his own Hand This if so was done by Order of the Court it was not my Act. The last Charge followed And that was taken out of the Preface to my Speech in Star-Chamber The Words are That one way of Government is not always either fit or safe when the Humors of the People are in a continual Change c. From whence they inferred I laboured to reduce all to an Arbitrary Government But I do humbly conceive no construction can force these Words against me for an Arbitrary Government For the meaning is and can be no other for sometimes a stricter and sometimes a remisser holding and ordering the Reins of Government yet both according to the same Laws by a different use and application of Mercy and Justice to Offenders And so I Answer'd to Mr. Brown who charged this against me as one of my ill Counsels to his Majesty But my Answer given is Truth For it is not said That there should not be One Law for Government but not One way in the Ordering and Execution of that Law And the Observator upon my Speech an English Author and well enough known though he pretend 't is a Translation out of Dutch though he spares nothing that may be but carped at yet to this passage he says 't is a good Maxim and wishes the King would follow it And truly for my part I Learned it of a very wise and an able Governour and he a King of England too it was of Hen. 7. of whom the Story says that in the difficulties of his Time and Cause he used both ways of Government Severity and Clemency yet both these were still within the compass of the Law He far too Wise and I never yet such a Fool as to imbrace Arbitrary Government CAP. XXXVI THis day I received a Note from the Committee that they intended to proceed next upon the remainder of the Seventh and upon the Eighth and Ninth Original
is Dead and cannot answer for himself Thus far I can for him without medling with any his Opinions He was very Honest and very Learned and at those Years he was of might deserve more than a Poor Benefice 16. Here Mr Pryn came in again and Testified very boldly that I gave many Benefices which were in the Gift of the Master of the Wards And all Preferments only to such Men as were for Ceremonies Popery and Arminianism For the First of these two the Business was thus There arose a Difference between the then Lord Keeper Coventry and the Lord Cottington then Master of the Wards about the disposing of those Benefices It grew somewhat high and came to Hearing by the King himself His Majesty upon Hearing gave the right of Sealing to the Lord Keeper but for the time till more might appear reserved the Giving to himself that he might have some of those lesser Preferments to bestow on such Ministers as attended upon his Navy then at Sea I never gave any one of these Benefices in my Life And that this Story is of Truth the Lord Cottington is yet living and can Witness it And this very Answer I gave to Mr. Brown who in summing up the Charge laid this also upon me and without mentioning what Answer I gave to it For the Second that I preferred none but such Men. 'T is known I preferred Bishop Hall to Exeter Dr. Potter to Carlile Dr. Cook to Bristol first and then to Hereford That I gave Dr. Westfield the Archdeaconry of S. Albans that I was Dr. Fells means for Christ-Church and Dr. Higgs his for the Deanery of Litchfield that I setled Dr. Downing at Hackney and Mr. Herrick at Manchester when the Broad Seal formerly given him was questioned That I gave two of my own Benefices to Mr. Palmer and Mr. Taylor two of the now Synod an Hospital to Dr Jackson of Canterbury and a Benefice to his Son in Law at his Suit I could not Name all these upon the sudden yet some I did and no one of them guilty of this Charge in the least Mr. Brown in his Summary said I could name but one or two And when in my Answer made in the House of Commons I specified more among which Mr Palmer was one Mr. Brown said in his Reply that Mr Palmer had indeed his Benesice of my giving so himself told him but it was at the Entreaty of a great Noble-Man Say it were Mr. Palmer was then a stranger to me Some body must speak and assure me of his Wants and Worth or I cannot give But if upon this I give it freely is it worth no thanks from him because a Noble-Man spake to me Let Mr. Palmer rank this Gratitude among his other Vertues 17. From hence they stepped over into Ireland and objected my preferring of Dr Chappel to be Master of the College at Dublin Here the first Witness is Mr. Walker He says that all his Scholars were Arminians This is a great sign but not full Proof He says that Dr. Chappel was at First fierce against them but afterward changed his Mind Dr. Featly said the like of Dr. Potter Some say Arminius himself was at first Zealous against those Opinions but studying hard to confute them changed his own Mind Take heed Mr. Walker do not Study these Points too hard For my own part Dr. Chappel was a Cambridge Man altogether unknown to me save that I received from thence great Testimony of his Abilities and fitness for Government which that College then extreamly wanted And no Man ever complained to me that he favoured Arminianism The other Witness was Dr. Hoyle a Fellow of the College in Dublin He says that the Doctor did maintain in that College Justification by Works and in christ-Christ-Church Arminianism In this he is single But if it be true why did not the Lord Primate of Armagh Punish him for he says he knew it That he opposed some things in the Synod And it may be there was just Cause for it Lastly he says the late Lord Deputy liked not the Irish Articles but gave them an Honourable Burial as he says the Lord Primate himself confessed I am a stranger to all this nor doth Dr. Hoyle charge any thing against me but says that they which did this were supposed to have some Friend in England And surely their Carriage was very ill if they had none 18. Then were Letters read of my Lord Primate's to me in which is Testified my Care of the Patrimony of that Church And then a Paper of Instructions given by me to the Lord Deputy at his first going into that Kingdom For the First though it be thrust in here among matters of Religion yet I pray your Lordships to consider 't is about the Patrimony of that Church only And I thank them heartily for producing it For in this Letter is a full confession of my Lord Primate's that the motion of getting the Impropriations from his Majesty formerly objected against me proceeded from him as I then pleaded And the Letter was read For the Second my Lord Deputy a little before his first going into Ireland asked me what Service I would command him for the Church there I humbly thanked him as I had reason and told him I would bethink my self and give him my Thoughts in Writing These are they which are called Instructions They are only for the good of that poor Church as your Lordships have heard them This was all and herein my Lord shewed his Honour and I did but my Duty Though I very well understand why this Paper is produced against me After this they proceeded to the Eleventh Original Article which follows in haec Verba 11. He in his own Person and his Suffragans Visitors Surrogates Chancellors or other Officers by his Command have caused divers Learned Pious and Orthodox Preachers of God's Word to be Silenced Suspended Deprived Degraded Excommunicated or otherwise Grieved and Vexed without any just and lawful Cause whereby and by divers other means he hath hindred the Preaching of God's Word caused divers of his Majesty's Loyal Subjects to forsake the Kingdom and Increased and Cherished Ignorance and Prophaneness among the People that so he might the better facilitate the way to the effecting of his own Wicked and Traiterous Design of Altering and Corrupting the true Religion here Established 1. The First Instance to make good this Article was a Repetition of some Lecturers before-named But when they thought they had made Noise enough they referred the Lords to their Notes and so did I to my former Answers 2. The Second Instance was out of some Articles of Bishop Mountague and Bishop Wrenn and their Account given to me Bishop Wrenn Art 16 Speaks of the Afternoon Sermons being turned into Catechising And Art 5 of his Account I take it that no Lecture in his Diocess after c. It was made plain to the Lords that this was spoken of some single and factious
were brought up against me My very Pockets searched and my Diary nay my very Prayer-Book taken from me and after used against me And that in some Cases not to prove but to make a Charge Yet I am thus far glad even for this sad Accident For by my Diary your Lordships have seen the Passages of my Life And by my Prayer-Book the greatest Secrets between God and my Soul So that you may be sure you have me at the very bottom Yet blessed be God no Disloyalty is found in the one no Popery in the other 3 That all Books of Council-Table Star-Chamber High-Commission Signet-Office my own Registeries and the Registeries of Oxford and Cambridge have been most exquisitely searched for matter against me and kept from me and my use and so affording me no help towards my Defence 4. I humbly desire your Lordships to remember in the Fourth Place That the things wherein I took great Pains and all for the Publick Good and Honour of this Kingdom and Church without any the least Eye to my own Particular nay with my own great and large Expences have been objected against me as Crimes As namely the Repair of S. Pauls and the Setling of the Statutes of the Vniversity of Oxford 1 For S. Pauls not the Repair it self they say no for very shame they dare not say that though that be it which Galls the Faction but the Demolishing of the Houses which stood about it Yea but without taking down of these Houses it was not possible to come at the Church to repair it which is a known Truth And they were taken down by Commission under the Broad Seal And the Tenants had Valuable Consideration for their several Interests according to the number of their Years remaining And according to the Judgment of Commissioners named for that purpose and named by his Majesty and the Lords not by me Nor did I ever so much as sit with them about this Business And if the Commission it self were any way Illegal as they urge it is that must reflect upon them whose Office was to Draw and Seal it not on me who understood not the Legality or Illegality of such Commissions nor did I desire that any one circumstance against Law should be put into it nor is any such thing so much as offered in Proof against me And because it was pressed that these Houses could not be pulled down but by Order of Parliament and not by the King's Commission alone I did here first read in part and afterwards according to a Salvo granted me deliver into the Court Three Records two in Ed. 1. Time and one in Ed. 3. Time in which are these Words Authoritate nostra Regali prout opus fuerit cessantibus quibuscunque Appellationum Reclamationum diffugiis Juris Scripti aut Patriae strepitu procedatis Nova AEdificia quae c. amoveri divelli penitus faciatis c. And a little after Quousque per nos cum deliberatione avisamento nostri Consilii super hoc aliter fuerit Ordinatum c. Here 's no staying for a Parliament here 's no Recompence given here 's Barring of all Appeal nay all remedy of Law though written And all this by the King 's own Authority with the Advice of his Council And is a far more moderate way taken by me yet under the same Authority and for the removal of far greater Abuses and for a more noble End become Treason 2 As for the Statutes of Oxford the Circumstances charged against me are many and therefore I craved leave to refer my self to what I had already answered therein 5. Fifthly Many of the Witnesses brought against me in this Business are more than suspected Sectaries and Separatists from the Church which by my place I was to punish and that exasperated them against me whereas by Law no Schismatick ought to be received against his Bishop And many of these are Witnesses in their own Causes and pre-examined before they come in Court At which pre-examination I was not present nor any for me to cross-interrogate Nay many Causes which took up divers Days of Hearing in Star-Chamber High-Commission and at Council-Table are now upon the sudden easily overthrown by the Depositions of the Parties themselves And upon what Law this is grounded I humbly submit to your Lordships And such as these are the Causes of Mr. Pryn Mr. Burton Mr. Wilson Alderman Chambers Mr. Vassal Mr. Waker Mr. Huntly Mr. Foxlye and many other Where I humbly represent also how impossible it is for any Man that sits as a Judge to give an account of all the several Motives which directed his Conscience in so divers Causes and so many Years past as these have been and where so many Witnesses have been Examined as have been here produced against me My Lords above a Hundred and Fifty Witnesses and some of them Three Four Six Times over and Mr. Pryn I know not how often Whereas the Civil Law says expresly that the Judges should moderate things so that no Man should be oppressed by the multitude of Witnesses which is a kind of Proof too that they which so do distrust the truth and goodness of their Cause Besides my Lords in all matters which came before me I have done nothing to the uttermost of my Understanding but what might conduce to the Peace and Welfare of this Kingdom and the maintenance of the Doctrine and Discipline of this Church established by Law and under which God hath blessed this State with so great Peace and Plenty as other Neighbouring Nations have looked upon with Admiration And what Miserie 's the overthrow of it which God in Mercy forbid may produce he alone knows 6. Sixthly my Lords there have been many and different Charges laid upon me about Words But many of them if spoken were only passionate and hasty And such upon what occasion soever drawn from me and I have had all manner of Provocations put upon me may among humane Errours be pardoned unto me if so it please your Lordships But for such as may seem to be of a higher Nature as those witnessed by Sir Henry Vane the Elder I gave my Answer again now fully to the Lords but shall not need to repeat it here 7. Then my Lords for my Actions not only my own but other Mens have been heavily Charged against me in many Particulars and that Criminally and I hope your Lordships will think Illegally As Secretary Windebank's Bishop Montague's my Chaplains Dr. Heilyn's Dr. Cosens Dr. Pocklinton's Dr. Dove's Mr. Shelford's and divers others And many of these Charges look back into many Years past Whereas the Act made this present Parliament takes no notice of nor punishes any Man for any thing done and past at the Council-Table Sar-Chamber or High-Commission much less doth it make any thing Treason And out of this Act I am no way Excepted Besides as I have often Pleaded all Acts done in in the Star-Chamber
impossibilitatis Neque enim talis casus aut extit it aliquando aut contingere potest nisi fallat nos Dominus qui promisit Portae Inferorum non praevalebunt c. THE ANSWER OF THE Most Reverend Father in God William Lord Arch-Bishop of Canterbury TO THE SPEECH OF THE Lord Say and Seal touching the Liturgy The Speech begins thus MY Lords I have waited to find you free from greater Businesses that I might crave leave to speak of something that concerns my self And this I have the more desired since my Lord of Canterbury's last Speech who expressing his Troubles and 〈◊〉 the Misery of his Condition and of the Condition of the Church of England for he would needs join them together which I think he may as the Cause and the Effect for the Miseries of the Church have certainly risen from him he insisted much upon this That these Troubles had befallen him through the Malice of two Parties the Papists and the Sectaries and by those he said the Church was greatly afflicted MY Lords and all Christian Readers those great Businesses which my Lord speaks of are now ended and I hope as you are free from Business so you will be free from Prejudice while I also crave leave to speak something concerning my self And this I also have the more desired since I saw this Honourable Lord had put his Speech in Print which I find as much if not more against me than for himself This Speech was not put in Print till near six Months after it was Spoken and I conceive was Printed then to renew the Business and to whet the Malice of those Sectaries against me 'T is true that after I was Impeached by the House of Commons for High Treason there came no Articles up against me in full Ten Weeks after then they came up in Generals only and I was called to the House to hear them on Friday February the 26th 〈◊〉 Now by these Articles I found that there was great but I humbly praise God for it causeless Jealousie of me in point of Religion This made me labour more to clear my self from that than from any thing else objected against me as ever hating to seem other in Religion than what I truly and really am For of all Simulations or Dissimulations that is the basest when a Man for poor Temporary fading ends shall shift his Religion or his Judgment concerning it with the Time if not with the Tide As if at all times he had somewhat to seek before he would express Whereas it is most true which St. Hilary speaks in Matter of Religion Non opus est intervallo aliquo inter Cor Os There 's no need of a distance between the Heart and the Mouth as if a Man were to bethink himself of some faithless ambiguity before he would speak that which belonged to the Profession of his Faith Now if seeing my self under so great a pressure and the Church of England so hard lay'd at as then it was I did bewail the Condition of both I think I did what became me And I hope I offended no Man in joyning our Conditions together And whereas this Honourable Lord thinks that I might well joyn them as the Cause and the Effect I think so too my self but in another Sense For his Lordship says too peremptorily that the Miseries of the Church have certainly risen from me No certainly The Miseries of this Church have proceeded from the Separatists and from such as for private at least if not for worse ends have countenanced them and their strange Proceedings against the Government and Governours of the Church And this so long till they brought the Church's Condition which flourished before to be the Cause of my Condition such as it now is And I fell into this Condition by labouring by all good Means to uphold the Church of England from that Misery into which I fear it is now falling And I doubt not but God will open the Eyes of all Good Men to see clearly in time that this was the Cause which laid both me and this Church so low and not any Actions much less Practices of mine This being so if I insisted much upon this that these Troubles have befallen me through the Malice of two Parties the Papists and the Sectaries as this Honourable Lord says I did I had great Reason so to do For certainly the Church of England is greatly afflicted by them and I pray God in the end it be not torn in pieces between them That which I then said in my sudden Speech to the Lords to this Particular was as follows I am very Unfortunate in this Business between the Malignity of two Parties against me the Papist and the Separatist And shall I suffer on both sides at once Shall I be accounted a deadly Enemy to the Papist as I am reputed by them both at Home and Abroad and in the mean time accused for no less than Treason for favouring and complying with them Well If I do suffer 't is but because Truth usually lyes between two sides and is beaten on both sides as the poor Church of England is at this day by these Factions But in this and all things else and in despight of Malice Truth shall either be my Protection from Suffering or my Comfort while I suffer and by God's gracious Assistance I shall never depart from it but continue at the Apostle's Ward Nihil possum contra veritatem I can do nothing against the Truth and for it I hope God will enable me patiently to suffer any thing This or to this effect I then spake and I hope without any Offence sure I am without reflecting upon any particular Person Yet my Lord seems to think otherwise For he says How far this Man will extend this Word Sectary and whom he will comprehend under it I know not but I have some cause to fear that I may lie under some Misapprehension in respect of Matters of this nature which how far it concerns him your Lordships will perceive by what I shall say My Lord it seems knows not how far I will extend the Word Sectary Truly no farther than the Church of Christ extended it ever since Sects and Schisms broke in upon it to help dispoil it of Peace and Unity And a Sectary is he ..... The next thing which my Lord knows not is Whom I will comprehend under that Name and that his Lordship may easily know For I comprehend none under it but such as divide from the Church and either make or follow a Breach where no just cause is given by the Church or where though cause were given Ways of Division are preferr'd before Ways of Peace But that which troubles my Lord about these things which he professes he knows not is That he hath some cause to fear for so he confesses that he may lie under some Misapprehensions in respect of Matters of this nature And this I think may
Times as well as now may be true enough And yet in those Ancient Times none thought Schism or Separation from the Church howsoever charged to be but a Theological Scare-crow But caused it to be examined to the bottom as 't is fit nay necessary that it should For else the most dangerous Separation that can be may go away free with this That it is but a trick of the prevalent Party to fright other Men into their Opinions by charging them with Separation Now the most dangerous Separation in a Church is where the Church it self hath little or no Power to punish Separatists And where they of the Separation are by the great Misfortune of the State become the potent and prevalent Party And whether this be not or at least were not the condition of the State and Church of England when my Lord Printed this Speech of his I leave to the indifferent Reader to judge My Lord hath Printed no more than this and therefore I will take notice of no more But yet Iam told by a very good Hand that his Lordship upon this quotation of Mr. Hales his Manuscript was pleased openly in that Honourable House of Parliament where he spake it to lend Mr. Hales one Wipe and me another But since my Lord is pleased to pass it over at the Press I shall do so too Yet with this that if my Lord did give that Gird I will make it plainly appear whenever he shall publish it that there is no shew of Truth in it But now that my Lord hath done with Mr. Hales he proceeds and tells us his own Judgment Secondly I say that there is a two-fold Separation one from the Vniversal or Catholick Church which can no otherwise be made but by denying the Faith for Faith and Love are the Requisites to that Communion And I say so too that there is a two-fold Separation and that one of them is from the Vniversal or Catholick Church But that this Separation can no otherwise be made but by denying the Faith I doubt comes short of Truth First because there is a great difference between Schism and Apostacy And every Apostacy is a Separation but every Separation is not Apostacy For a Man is not an Apostate properly till he fall away by denying the whole Faith But a Man may be in Heresie Schism and Separation upon the denyal of any one Article of the Faith received by the Catholick Church Secondly because should a Man agree in all and every Article of the Faith with the Catholick-Church yet he may maintain some false Opinion and incongruous both to the Verity and the Practice of Religion and Judgment of the Universal Church And be so in Love with these as that for these Opinions sake he will Separate from the whole Body Therefore Denyal of the Faith is not the only Cause of Separation from the Catholick Church since this Separation can be otherways made And my Lord within the space of Three Lines crosses himself For First he says that this Separation can no otherwise be made but by denying the Faith And in the very next Words he tells us that Faith and Love are the Requisites to that Communion Two Requisites to that Communion with the Universal Church therefore two Causes of Separation from it Therefore by my Lord 's own Confession he that is so out of Charity with the Universal Church for some Opinions or Practices which he dislikes as that he will not Communicate with it is in Separation though he do not deny the Faith The other my Lord tells us is a Separation from this or that particular Church or Congregation And that not in respect of difference with them in matter of Faith or Love But in dislike only of such Corruptions in their external Worship and Liturgies as they do admit of and would enjoyn upon others In this other Particular Separation I shall meddle with neither Congregation nor Conventicle Meeting allowed or disallowed by Church or State but that Separation which is or is not made by my Lord and his Followers from the National Church of England as it stands Setled and Established by Law Not as her Service may be mangled or otherwise abused in any particular Parish or Congregation whatsoever And if this Lord dislike any the Service as 't is used in some one Parish or other and yet will come to the Service as it is Established by Law in other either Cathedral or Parochial Churches my Lord hath had great Wrong to be accounted a Separatist But if my Lord will not come to the Prayers of the Church of England by Law Established let his Pretence be what it will a Separatist he is But my Lord says that this Particular Separation is not in respect of difference with them in matter of Faith or Love Where First you may observe on the by that in my Lord's Judgment Publick Breach in Charity as well as in Faith may be Cause of this Separation too as well as of that from the Vniversal or Catholick Church before mentioned Next that this particular Separation if it be not in respect of Difference in Faith or Love in what respect is it then Why if we may herein believe my Lord 't is only in dislike of such Corruptions in their external Worship and Liturgies as they do admit of and would injoyn others Well First I 'll pray for my Lord that there be no difference in Faith and Charity but I do very much doubt there is Next either there are such Corruptions in the External Worship and Liturgies as his Lordship hath just Cause to dislike or there are not If there be not why doth he Separate from them If there be or probably seem to be why doth he not complain to the King and the Church that these Corruptions may be considered on and amended if Cause appear And this he ought to do before he Separate For I hope Christianity is not yet come to that pass though it draw on apace that a Powerful Lay-Man or two shall say there are Corruptions in the set Service of God and then be Judges of such Corruptions themselves Nor doth the Church of England admit of Corruptions in her Liturgy or labour to injoyn them upon others Now my Lord tells us farther That This is a Separation not from their Persons as they are Christians But from their Corruptions in matter of Worship as they are therewith defiled And this Separation every Man that will keep himself Pure from other Mens Sins and not Sin against his own Conscience must make This will not yet help my Lord For say this be not a Separation from their Persons as they are Christians which yet it too often proves to be And I believe if this Lord would impartially examine himself he would find to be true in himself and his Comportment But that it is from their Corruptions in matter of Worship as they are therewith defiled First these Corruptions are
apply this term unto are the Brownists as they call them by another Name and they know their Tenents The truth is they differ with us in no Fundamental Point of Doctrine or saving Truth I know Here then my Lord is 〈◊〉 to say that all that he hath hitherto said is so far from making him the greatest Separatist in England that it cannot argue him to be any at all For my part I would to God it were so But let 's examine whether it be so or not First then this I humbly conceive is certain That he whoever he be that will not Communicate in Publick Prayers with a National Church which serves God as she ought is a Separatist But the Church of England as it stands established by Law serves God as she ought Therefore my Lord by his general absenting himself from her Communion in Prayers is a Separatist And this is by his own confession For he says a little before and that expresly that this is a Separation which every Man must make that will keep himself pure from other Mens Sins And I cannot doubt but his Lordship hath made that which he says he must make All that can be said for my Lord herein is this First That my Lord Charges the Church of England with Corruptions in the Worship of God and such Corruptions as he must Separate from her But is it sufficient for a Separation for a particular Man barely to say there are such Corruptions in the Liturgy when he doth neither prove them to be such nor so much as name them what they are Surely no. And I think these Gnats which his Lordship strains at may be swallowed without any Offence to God or Man So far are they from being a just Cause of Separation Therefore for all this my Lord is a Separatist Yea but my Lord charges upon the Church of England that she injoyns her Liturgy upon all Men by a certain Number of Men usurping Authority to themselves and imposing this Injunction under the name of the Church I have made answer already to this Power of the Church to compose a set Form for publick Service and I hope made it manifest that this Authority is not usurped And then that can be no just Cause of a Separation Nay I must doubt whether if such Authority were usurped by some Church-Men in any National Church the injoyning of the Service after it is made supposing always that it contain no Idolatry or Fundamental Error be for the Injunction alone a sufficient Warrant to my Lord or any other to Separate Therefore my Lord 's forsaking the publick Service of the Church upon no better Grounds than these makes him a Separatist by his own Confession without any Man calling him so As for his Lordship's being the greatest Separatist in England I have at the beginning of this Tract clearly related to the uttermost of my Memory what and upon what occasion I spake of his Lordship in this kind But whether I said it or not my Lord for ought I see will hardly escape being so For he is the greatest Separatist from the Church that absents himself with most will and least cause And this if I mistake not is my Lord's Case for he separates with most will that says Men must and ought to Separate And upon least Cause because as yet he hath Named none at all but Corruptions in general which any Man may say and the Injunction of a set Form which is no cause Therefore for ought I yet see it may truly be said of his Lordship that he is the greatest Separatist in England Especially if you add to this how busie and active his Lordship is and for many Years hath been to promote this Cause of Separation And I have some very good grounds to think that his Lordship hath been and is the great Cause and enlarger of all the Separation that now is in Church Affairs And of all the Disobedience thereby bred or cherished against Soveraign Power Next my Lord appeals to my Lords the Bishops and tells them that they know that they whom they usually apply this Name Separatist unto are the Brownists as they call them by another Name I know not all things which the rest of my Learned Brethren the Bishops know Yet I think both they and I know this that the Name Separatist is a common Name to all Hereticks or Schismaticks that separate for their Opinions sakes either from the Catholick or from any particular Orthodox Church And if my Lord himself who it seems is well acquainted with them or any of my Lords the Bishops do know that this Name is usually applyed to the Brownists be it so That I am sure is not material unless it be for that which my Lord closes this passage withal Namely that my Lords the Bishops know the Tenents of the Brownists and that the truth is they differ from us in no Fundamental Point of Doctrine or Saving Truth that his Lordship knows I doubt not but my Lords the Bishops know the Tenents of the Brownists so far forth at least as they be Tenents and not varied from and so far as they are their General Tenents to which all or most of them agree And so far as they are plain and univocal Tenents and not such as shall equivocate with the very Faith it self But such Tenents of the Brownists as these are it may be all my Lords the Bishops know not Now if the Truth be as my Lord says it is for ought he knows that the Brownists differ from us in no Fundamental Point of Doctrine or saving Truth Then out of all doubt Majus peccatum habent their Sin and my Lord 's too is the greater that they will so Uncharitably and with so great Heat and setled Violence and to the great scandal of Religion first separate themselves from and now labour utterly to overthrow that Church which by my Lord 's own Confession here differs not from them in any Fundamental Point of Doctrine or saving Truth For sure if they differ not from us we differ not from them But this is only Argumentum ad Hominem and is sufficient to convince this Lord I think in his own way But I doubt the Truth is quite another thing Namely that the Church of England is very Orthodox and that the Brownists or Separatists call them as you will do Separate upon false and unchristian Opinions And that besides Matters of Opinion and breach of Charity they do differ from us in some Fundamental Points of Doctrine and saving Truth My Lord a little before tells us of Corruptions in the Liturgy of the Church but names none And should I charge the Brownists with difference from the Church in Fundamental Points of Doctrine and yet name none I should run into the same fault for which I there taxed my Lord I shall therefore give some Instances of some of their Opinions and then leave the indifferent Reader to judge whether
he hath made stay of that they may be reduced into Years for the good of that See which abundantly needs it My Lord Bishop of Winchester Certifies that there is all Peace and Order in his Diocess and that himself and his Clergy have duly Obeyed your Majesty's Instructions But he Informs that in the Parish of Avington in Hampshire one Vnguyon an Esquire is Presented for a new Recusant as also Three others whereof Two are in Southwark These Three Bishops for their several Diocesses respectively make return that all Obedience is yielded to every of your Majesty's Instructions The late Bishop of St Davids now of Hereford hath in his time of Residence taken a great deal of pains in that See and hath caused Two to be questioned in the High Commission and Suspended one Roberts a Lecturer for Inconformity Three or four others which were Suspended he hath released upon hope given of their Obedience to the Church and hath absolutely deprived Two for their exceeding Scandalous Life He complains much and surely with cause enough that there are few Ministers in those poor and remote places that are able to Preach and Instruct the People My Lord the Bishop informs that that County is very full of Impropriations which makes the Ministers poor and their Poverty makes them fall upon Popular and Factious courses I doubt this is too true but it is a Mischief hard to cure in this Kingdom yet I have taken all the care I can and shall continue so to do From the rest of the Bishops of my Province I have received no Certificat this Year viz. Covent and Litchfield Worcester Bangor So I humbly submit this my Certificat W. CANT The Arch-Bishop's Accounts of his Province to the King for the Year 1636. May it please your Sacred Majesty ACcording to your Royal Commands expressed in your late Instructions for the good of the Church I do here most humbly present my Yearly Account for my Diocess and Province of Canterbury for this last Year ending at Christmass 1636. And First for my own Diocess I have every Year acquainted your Majesty and so must do now that there are still about Ashford and Egerton divers Brownists and other Separatists But they are so very mean and poor People that we know not what to do with them They are said to be the Disciples of one Turner and Fennar who were long since apprehended and imprisoned by Order of your Majesty's High Commission Court But how this part came to be so infected with such a Humour of Separation I know not unless it were by too much connivence at their first beginning Neither do I see any Remedy like to be unless some of their chief Seducers be driven to Abjure the Kingdom which must be 〈◊〉 by the Judges at the Common Law but is not in our power I have received Information from my Officers that the Walloons and other Strangers in my Diocess especially at Canterbury do come orderly to their Parish Churches and there receive the Sacraments and Marry c. according to my Injunctions with that limitation which your Majesty allowed There have been heretofore many in Canterbury that were not conformable to Church Discipline and would not kneel at the Communion but they are all now very Conformable as I hear expresly by my Officers and that there is no falling away of any to Recusancy There hath been a Custom that some Ministers thereabouts have under divers pretences lived for the most part at Canterbury and gone seldom to their Benefices which hath given a double Scandal both by their absence from their several Cures and by keeping too much Company and that not in the best manner I have seen this remedied in all save only one Man and if he do not presently Conform I have taken order for his Suspension In the Diocess of London I find that my Lord the Bishop there now by your Majesty's Grace and Favour Lord High Treasurer of England hath very carefully observed those Instructions which belong to his own Person And for the Diocess his Lordship Informs me of three great Misdemeanours The one committed by Dr Cornelius Burges who in a Latin Sermon before the Clergy of London uttered divers insolent passages against the Bishops and Government of the Church and refused to give his Lordship a Copy of the Sermon so there was a necessity of calling him into the High Commission Court which is done The second Misdemeanour is of one Mr Wharton a Minister in Essex who in a Sermon at Chelmesford uttered many unfit and some scurrilous things But for this he hath been Convented and received a Canonical Admonition And upon his sorrow and submission any farther Censure is forborn The third Misdemeanour which my Lord complains of is the late spreading and dispersing of some Factious and Malicious Pamphlets against the Bishops and Government of the Church of England And my Lord farther Certifies that he hath reasonable ground to perswade him that those Libellous Pamphlets have been Contrived or Abetted and dispersed by some of the Clergy of his Diocess and therefore desires me to use the Authority of the High Commission for the further discovery of this Notorious practice to prevent the Mischiefs which will otherwise ensue upon the Government of the Church This God willing I shall see performed But if the High Commission shall not have Power enough because one of those Libels contains Seditious Matter in it and that which is very little 〈◊〉 of Treason if any thing at all then I humbly crave leave to add this to my Lord Treasurer's Motion and humbly to desire that your Majesty will call it into a higher Court if you find Cause since I see no likelyhood but that these Troubles in the Church if they be permitted will break out into some Sedition in the Common-wealth My Visitation is yet depending for this Diocess and by reason of the Sickness I could not with safety hold it nor think it fit to gather so much People together but God willing I shall perform that Duty so soon as conveniently I may and then Certifie your Majesty at the next return what shall come under mine own view In this Diocess I find by my Lord's Report from his Officers that there are divers Recusants in several parts of the Country and that some of them have been seduced away from the Church of England within these two or three Years For all things else I receive no complaint thence save only of three or four Ministers that are negligent in Catechising and observe it not at all or but in the Lent only But I shall call upon the Bishop to see this remedied and to be as vigilant as he can against any farther increase of Recusants From Bath and Wells I have received a very good and happy Certificat both that all your Majesty's Instructions have been exactly performed throughout that whole Diocess And
Subsidies in a Year my Error if it were one was pardonable So we parted I went to my Lord Duke and acquainted him with it lest I might have ill Offices done me for it to the King and the Prince Sic Deus beet me servum suum laborantem sub pressurà eorum qui semper voluerunt mala mihi So may God bless me his Servant labouring under the pressure of them who alway wished ill to me April 16. Friday My Conference with Fisher the Jesuit Printed came forth April 18. Sunday I Preached at Paul's Cross. April 27. Tuesday My very good Friend Dr. Linsell cut for the Stone Circiter horam nonam ante Meridiem About Nine a Clock in the Forenoon May 1. Saturday E. B. Marryed The Sign in Pisces May 5. Wednesday Ascension-Eve The King's Speech in the Banquetting House at Whitehall to the upper House of Parliament concerning the Hearing of the Lord Treasurer's Cause which was to begin the Friday following This day my Lord Duke of Buckingham came to Town with his Majesty Sick And continued Ill till Saturday May 22. May 13. Thursday Lionel Earl of Middlesex Lord Treasurer of England and Master of the Wards Censured in Parliament for Bribery and Extortion and Deceiving the King c. To lose his Offices To be ever disinabled to bear any Fined to the King in 50000 l. Imprisoned in the Tower during the King's Pleasure Never to sit again as a Peer in Parliament Not to come within the Verge of the Court. May 15. Saturday Whitson-Eve The Bill passed in Parliament for the King to have York-House in exchange for other Lands This was for the Lord Duke of Buckingham May 16. Whitsunday night I watched with my Lord Duke of Buckingham This was the first Fit that he could be perswaded to take orderly May 18. Tuesday night I watched with my Lord Duke of Buckingham he took this Fit very orderly May 19. Wednesday The Bishop of Norwich Samuel Harsnet was presented by the House of Commons to the Lords His Cause was referred by the House to my Lord's Grace of Canterbury and the High Commission May 22. Saturday My Lord Duke of Buckingham missed his Fit May 26. Wednesday He went with his Majesty to Greenwich May 28. Friday E. B. came to London He had not leisure to speak with me though I sent and offered to wait all opportunities till June 16 being Wednesday May 29. Saturday The first Session of Parliament ended And the Prorogation was to the Second of November June 6. Second Sunday after Trinity I Preached at Westminster June 8. Tuesday I went to New-Hall to my Lord Duke of Buckingham and came back to London on Friday June 11. June 16. Wednesday I took my lasting leave of E. B. The great dry Summer My Dream June 4. Wednesday night 1623. In this Dream was all contained that followed in the carriage of E. B. towards me and that Night R. B. Sickned to the Death May 29. Saturday night 1624. I was marvellously troubled with E. B. before they came to London That there was much declining to speak with me but yet at last I had Conference and took my lasting leave And this so fell out Respice ad Maij 28. See May 28. July 7. Wednesday night My Lord of Durham's quarrel about the trifling business of Fr. N. July 23. Friday I went to lye and keep House and Preach at my Livings held in Commendam Creek and Ibstock That Friday night at St. Albans I gave R. R. my Servant his first Interest in my Businesses of moment July 27. This I confirmed unto him the Wednesday Morning following at Stanford August 7. Saturday while I was at Long Whatton with my Brother my passion by Blood and my fear of a Stone in my Bladder August 8. Sunday I went and Preached at my Parsonage at Ibstock and set things in order there August 26. Thursday My Horse trod on my foot and lamed me which stayed me in the Country a week longer than I intended Septemb. 7. Tuesday I came to London Septemb 9. Thursday My Lord of Buckingham consulted with me about a Man that offered him a strange way of Cure for himself and his Brother At that time I delivered his Grace the Copies of the two little Books which he desired me to write out Septemb. 16. Thursday Prince Charles his grievous fall which he had in Hunting Septemb. 25. Saturday My Lord Duke's proposal about an Army and the Means and whether Sutton's Hospital might not c. Octob. 2. Saturday In the Evening at Mr. Windebanks my Ancient Servant Adam Torless fell into a Swoon and we had much ado to recover him but I thank God we did Octob. 10. Sunday I fell at Night in Passionem Iliacam which had almost put me into a Fever I continued ill fourteen days Octob. 13. Wednesday I delivered up my Answer about Sutton's Hospital Novemb. 21. Sunday I Preached at Westminster Decemb. 6. Munday There was a Referment made from his Majesty to my Lord's Grace of Canterbury My Lords of Durham and Rochester and my self to Hear and Order a Matter of Difference in the Church of Hereford concerning a Residentiaryship and the Lecturer's place which we that day Ordered Decemb. 13. Munday I received Letters from Brecknock that the Salt-Peter Man was dead and buried the Sunday before the Messenger came This Salt-Peter Man had digged in the Colledge-Church for his work bearing too bold upon his Commission The News of it came to me to London about Novemb. 26. I went to my Lord Keeper and had a Messenger sent to bring him up to answer that Sacrilegious abuse He prevented his punishment by Death Decemb. 21. Tuesday Fest. Sancti Thomae Mr. Crumpton had set out a Book called St Augustins Summe His Majesty found fault with divers passages in it He was put to recall some things in Writing He had Dedicated this Book to my Lord Duke of Buckingham My Lord sent him to me to overlook the Articles in which he had recalled and explained himself that I might see whether it were well done and fit to shew the King This day Mr Crumpton brought his Papers to me Decemb. 23. Thursday I delivered these Papers back to Mr. Crumpton The same day at York-House I gave my Lord Duke of Buckingham my Answer what I thought of these Papers The same day I delivered my Lord a little Tract about Doctrinal Puritaenism in some Ten Heads which his Grace had spoken to me that I would draw for him that he might be acquainted with them Decemb. 31. Friday His Majesty sent for me and delivered unto me Mr. Crumpton's Papers the second time after I had read them over to himself and commanded me to correct them as they might pass in the Doctrin of the Church of England Januar. 3. Munday I had made ready these Papers and waited upon my Lord Duke of Buckingham with them and he brought me to the King There I was about an hour and a
Epiphaniae dies Veneris nocte 〈◊〉 avi Matrem meam diu ante defunctam lecto meo astitisse deductis paululum stragulis hilarem in me aspexisse laetatus sum videre eam aspectu tam jucundo Ostendit deindè mihi Senem diù ante defunctum quem ego dum vixit novi amavi Jacuisse videbatur ille humi laetus satis sed rugoso vultu Nomen ei Grove Dum paro salutare evigilavi Januar. 8. Dies erat Lunae 〈◊〉 visum Ducem Buck. Gavisus est in manus dedit Chartam de Invocatione Sanctorum quam dedit ei Mater Illi vero nescio quis Sacerdos Jan. 13. Dies erat Saturni Episcopus Lin. petiit reconciliationem cum 〈◊〉 Buckinghamiae c. Januar. 14. Die Solis versùs manè somniavi Episcopum Lin. nescio què advenisse cum catenis ferreis sed redeuns liberatus ab iis equum insiluit abiit nec assequi potui Januar. 16. Die Martis Somniavi Regem venatum 〈◊〉 quòd quum esuriit abduxi eum de improviso in Domum Fran. Windebanck Amici mei Dum parat comedere ego dum alii aberant Calicem ei de more porrigebam Potum attuli non placuit Iterum adduxi sed poculo argenteo Dicit Serenissimus Rex Tu 〈◊〉 me semper è vitro bibere Abeo iterum evigilavi Januar. 17. Die Mercurij Ostendi Rationes Regi cur Chartae Episcopi Winton defuncti de Episcopis quòd sint Jure Divino praelo tradendae sint contra illud quod miserè in maximum damnum Ecclesiae Anglicanae Episcopus Lincoln significavit Regi sicut Rex ipse mihi antea narravit Febr. 7. Dies erat Cinerum Concionatus sum in Aulâ ad White-Hall Feb. 9. Die Veneris nocte sequente somniavi me morbo scorbutico laborasse repentè Dentes omnes mihi laxos fuisse unum praecipuè in inferiori maxillâ vix digito me retinere potuisse donec opem peterem c. Feb. 20. Die Martis Incaepit Jo. Fenton 〈◊〉 pruriginis 〈◊〉 c. Febr. 22. Die Jovis Iter suscepi versus Novum Mercatum ubi tum Rex fuit Martij 3. Dies Saturni erat Cantabrigiam concessi unà cum Duce Buckinghamiae Cancellario istius almae Academiae alijs Comitibus Baronibus Incorporatus ibi fui sic primus qui praesentatus fuit Illustrissimo Duci tum sedenti in domo Congregationis ipse fui Habitus ibi fuit ab Academicis Dux insignis Academicè celebriter Redimus Martij 6. Die Martis Rediit Rex è Novo Mercato ego versùs Londinum Martij 8. Die Jovis Veni Londinum Nocte sequente somniavi me reconciliatum fuisse Ecclesiae Romanae Hoc anxiè me habuit miratus sum 〈◊〉 unde accidit Nec solum mihi molestus fui propter Errores illius Ecclesiae sed etiam propter scandala quae ex illo lapsu meo multos egregios doctos viros in Ecclesiâ Anglicanâ onerarent Sic turbatus insomnio dixi apud me me statim iturum confessione factâ veniam ab Ecclesiâ Anglicanâ petiturum Pergenti obviam se dedit Sacerdos quidam voluit impedire Sed indignatione motus me in viam dedi Et dum fatigavi me morosis cogitationibus evigilavi Tales impressiones sensi ut vix potui credere me somniâsse Martij 12. Die Lunae cum Rege concessi Theobaldas Redij die proximo Martij 13. Martij 17. Die Saturni Vigiliâ Palmarum Horâ noctis ferè mediâ sepelivi Carolum Vicecomitem Buckinghamiae Filium natu maximum tum unicum Georgij Ducis Buckinghamiae AEtdtis 〈◊〉 fuit Anni unius ferè quatuor mensium Mortuus est Die Veneris praecedente Anno 1626. March 26. Sunday D. B. sent me to the King There I gave to the King an account of those two Businesses which c. His Majesty thanked me March 29. King Charles spoke to both Houses of Parliament but directed his Speech chiefly to the Lower House both by himself and by the Right Honourable the Lord Keeper of the Great Seal in the Palace at White-Hall He also added much concerning the Duke of Buckingham c. In the Convocation held that Day there was much debating concerning the Sermon which Gabriel Goodman Bishop of Glocester had Preached before the King on the Sunday preceding being the fifth Sunday of Lent April 5 Wednesday The King sent in the Morning commanding the Bishops of Norwich Litchfeild and St Davids to attend him I and the Bishop of Litchfeild waited upon him the Bishop of Norwich being gone into the Country We received the King's Commands about c. and returned April 12. Wednesday at 9. in the Forenoon we met together viz. the Arch-Bishop of Canterbury the Bishops of Winchester Durham and St Davids being commanded by the King to consult together concerning the Sermon which Dr Goodman the Bishop of Glocester had Preached before his Majesty on the 5th Sunday in Lent last past We advised together and gave this Answer to the King That some things were therein spoken less cautiously but nothing falsely That nothing was innovated by him in the Doctrine of the Church of England That the best way would be that the Bishop should preach the Sermon again at some time to be chosen by himself and should then shew how and wherein he was misunderstood by his Auditors That Night after 9. a Clock I gave to the King an account of what I had received in command on the 5th of April and of other things relating thereto Among the rest concerning restoring Impropriations The King spoke many things very graciously therein after I had first discoursed of the manner of effecting it April 14. Friday The Duke of Buckingham fell into a Fever April 19. Wednesday The Petition of John Digby Earl of Bristol against the Duke of Buckingham was read in the House of Lords It was very sharp and such as threatens Ruin to one of the Parties April 20. Friday King Charles referred the Cognisance of that whole matter as also of the Petition of the Earl of Digby to the House of Parliament April 21. Saturday the Duke of Buckingham sent to me to come to him There I first heard what Sir John Cook the King's Secretary had suggested against me to the Lord Treasurer and he to the Duke Lord be merciful to me thy Servant April 22. Sunday The King sent for all the Bishops to come to him at 4. a Clock in the Afternoon We waited upon him 14. in number Then his Majesty chid us that in this time of Parliament we were silent in the Cause of the Church and did not make known to him what might be Useful or was Prejudicial to the Church professing himself ready to promote the Cause of the Church He then commanded us that in the Causes of the Earl of Bristol and Duke of Buckingham we should follow the direction of our own Consciences being led by Proofs
me in my Sleep having been dead two Years before at least He seemed to me in very good plight and merry enough I told him what I had done for his Widow and Children He after a little thought answered That the Executor had satisfied him for those Legacies while he was yet alive And presently looking upon some Papers in his Study adjoyning he added that it was so He moreover whispering in my Ear told me that I was the Cause why the Bishop of Lincoln was not again admitted into Favour and to Court Apr. 4. Wednesday When his Majesty King Charles forgave to Doctor Donne certain slips in a Sermon Preached on Sunday Apr. 1. what he then most graciously said unto me I have wrote in my Heart with 〈◊〉 Characters and great 〈◊〉 to God and the King Apr. 7. Saturday Going to Court to wait upon the King at Supper in going out of the Coach my foot stumbling I fell headlong I never had a more dangerous fall but by God's mercy I escaped with a light bruise of my Hip only Apr. 24. Tuesday There were then first sent to me the Exceptitions which the Arch-Bishop of Canterbury had Exhibited against Doctor Sibthorp's Sermon and what followed April 29. Sunday I was made Privy-Councellour to his Majesty King Charles God grant it may conduce to his Honour and to the good of the Kingdom and the Church May 13. Whitsunday I Preached before the King c. Junij 7 8. I attended King Charles from London to Southwick by Portsmouth Junij 11. His Majesty dined a-board the Triumph where I attended him June 17. The Bishoprick of London was granted me at Southwick June 22. We came to London June 24. I was commanded to go all the Progress June 27. The Duke of Buckingham set forwards towards the Isle of Ree June 30. The Progress began to Oatlands July 4. The King lost a Jewel in Hunting of a 1000 l. value That day the Message was sent by the King for the Sequestring of A. B. C. July 7. Saturday-night I dreamed that I had lost two Teeth The Duke of Buckingham took the Isle of Ree July 26. I attended the King and Queen at Wellingburrough July 29. The first News came from my Lord Duke of his Success Sunday August 12. The second News came from my Lord Duke to Windsor Sunday August 26. The third News came from my Lord Duke to Aldershot Sunday September News came from my Lord Duke to Theobalds The first fear of ill Success News from my Lord Duke to Hampton-Court I went to my Lord of Rochester to consider about A. B. C. and returned 〈◊〉 〈◊〉 Court 〈◊〉 King's Speech to me in the withdrawing Chamber That if any did c. I c. before any thing should sink c. The business of Doctor Bargar Dean of Canterbury began about the Vicaridge of Lidd October The Commission to the Bishops of London Durham Rochester Oxford and my self then Bath and Wells to Execute Archiepiscopal Jurisdiction during the Sequestration of my Lord's Grace of Canterbury The Dean of Canterbury's Speech that the business could not go well in the Isle of Ree There must be a Parliament some must be Sacrificed that I was as like as any Spoken to Doctor W. The same Speech after spoken to the same Man by Sir Dudlye Diggs I told it when I heard it doubled Let me desire you not to trouble your self with any Reports till you see me forsake my other Friends c. Ita Ch. R. The Retreat out of the Isle of Ree November My Lord Duke's return to Court The Countess of Purbeck censured in the High Commission for Adultery December 25. I Preached to the King at White-Hall January 29. Tuesday A resolution at the Council Table for a Parliament to begin March 17. if the Shires go on with levying Money for the Navy c. January 30. Wednesday My Lord Duke of Buckingham's Son was Born the Lord George New Moon die 26. February 5. Tuesday The straining of the back sinew of my right Leg as I went with his Majesty to Hampton-Court I kept in till I Preached at the opening of the Parliament March 17. but I continued lame long after saving that Februar 14. Thursday Saint Valentine's-day I made a shift to go and Christen my Lord Duke's Son the Lord George at Wallingford-House March 17. I Preached at the opening of the Parliament but had much ado to stand it was Munday Anno 1628. June 1. Whitsunday I Preached at White-Hall June 11. My Lord Duke of Buckingham Voted in the House of Commons to be the Cause or Causes of all Grievances in the Kingdom June 12. Thursday I was complained of by the House of Commons for warranting Doctor Manwaring's Sermons to the Press June 13. Dr. Manwaring answered for himself before the Lords and the next day June 14. Being Saturday was Censured After his Censure my Cause was called to the Report And by God's Goodness towards me I was fully cleared in the House The same day the House of Commons were making their Remonstrance to the King One Head was Innovation of Religion Therein they Named my Lord the Bishop of Winchester and my self One in the House stood up and said Now we have Named these Persons let us think of some Causes why we did it Sir Edw. Cooke answered Have we not Named my Lord of Buckingham without shewing a Cause and may we not be as bold with them June 17. This Remonstrance was delivered to the King on Tuesday June 26. Thursday The Session of Parliament ended and was Prorogued to October 20. July 11. Tuesday My Conge-deslier was Signed by the King for the Bishoprick of London July 15. Tuesday St. Swithin and fair with us I was Translated to the Bishoprick of London The same day the Lord Weston was made Lord Treasurer August 9. Saturday A terrible salt Rheum in my left Eye had almost put me into a Fever August 12. Tuesday My Lord Duke of Buckingham went towards Portsmouth to go for Rochell August 23. Saturday St Bartholomew's Eve the Duke of Buckingham slain at Portsmouth by one Lieutenant Felton about Nine in the Morning August 24. The News of his Death came to Croydon where it found my self and the Bishops of Winchester Ely and Carlile at the Consecration of Bishop Montague for Chichester with my Lord's Grace August 27. Wednesday Mr. Elphinston brought me a very Gracious Message from his Majesty upon my Lord Duke's Death August 30. As I was going out to meet the Corps of the Duke which that Night was brought to London Sir W Fleetwood brought me very Gracious Letters from the King's Majesty written with his own Hand September 9. Tuesday The first time that I went to Court after the Death of the Duke of Buckingham my dear Lord The Gracious Speech which that Night the King was pleased to use to me September 27. Saturday I fell Sick and came Sick from Hampton-Court Tuesday Septemb. ult I was sore
plucked with this Sickness c. October 20. Munday I was forced to put on a Truss for a Rupture I know not how occasioned unless it were with swinging of a Book for my Exercise in private Novemb. 29. Felton was Executed at Tyburn for killing the Duke and afterwards his Body was sent to be Hanged in Chains at Portsmouth It was Saturday and St. Andrew's Even and he killed the Duke upon Saturday St. Bartholomew's Even December 25. I Preached at White-Hall December 30. Wednesday The Statutes which I had drawn for the reducing of the Factious and Tumultuary Election of Proctors in Oxford to several Colledges by course and so to continue were passed in Convocation at Oxford no Voice dissenting January 26. Munday the 240 Greek Manuscripts were sent to London-House These I got my Lord of Pembrooke to buy and give to Oxford January 31. Saturday-night I lay in Court I dreamed that I put off my Rochet all save one sleeve and when I would have put it on again I could not find it Feb. 6. Friday Sir Thomas Roe sent to London-House 28 Manuscripts in Greek to have a Catalogue drawn and the Books to be for Oxford March 2. Munday The Parliament to be dissolved declared by Proclamation upon some disobedient passages to his Majesty that day in the House of Commons March 10. Tuesday the Parliament Dissolved the King present The Parliament which was broken up this March 10. laboured my ruin but God be ever blessed for it found nothing against me Anno 1629. March 29. Sunday Two Papers were found in the Dean of Paul's his Yard before his House The one was to this effect concerning my self Laud look to thy self be assured thy Life is sought As thou art the Fountain of all Wickedness Repent thee of thy monstrous Sins before thou be taken out of the World c. And assure thy self neither God nor the World can endure such a vile Councellor to live or such a Whisperer or to this effect The other was as bad as this against the Lord Treasurer Mr. Dean delivered both Papers to the King that Night Lord I am a grievous Sinner but I beseech thee deliver my Soul from them that hate me without a Cause April 2. Thursday Maundy-Thursday as it came this Year About Three of the Clock in the Morning the Lady Dutchess of Buckingham was delivered of her Son the Lord Francis Villiers whom I Christened Tuesday Apr. 21. Apr. 5. I Preached at White-Hall Maij 13. Wednesday This Morning about Three of the Clock the Queen was delivered before her Time of a Son He was Christened and Died within short space his Name Charles This was Ascention Eve The next Day being Maij 14. Ascention Day Paulò ante mediam Noctem I Buried him at Westminster If God repair not this loss I much fear it was Descention-day to this State Aug. 14. Dies erat Veneris I fell sick upon the way towards the Court at Woodstock I took up my Lodging at my ancient Friend's House Mr. Francis Windebanck There I lay in a most grievous burning Fever till Munday Sept. 7. Septemb. 7. On which Day I had my last Fit Octob. 20. I was brought so low that I was not able to return towards my own House at London till Tuesday Octob. 29. Octob. 26. I went first to present my humble Duty and Service to his Majesty at Denmark-House Munday 26. Octob. March 21. After this I had divers Plunges and was not able to put my self into the service of my Place till Palm-Sunday which was March 21. Anno 1630. Apr. 10. The Earl of Pembroke Lord Steward being Chancellor of the University of Oxford died of an Apoplexie Apr. 12. The University of Oxford chose me Chancellor and word was brought me of it the next Morning Munday April 28. Wednesday The University came up to the Ceremony and gave me my Oath Maij 29. Saturday Prince Charles was born at St. James's Paulò ante Horam primam post Meridiem I was in the House 3. Hours before and had the Honour and the Happiness to see the Prince before he was full one Hour old Junij 27. Sunday I had the Honour as Dean of the Chappel my Lord's Grace of Canterbury being infirm to Christen Prince Charles at St. James's Horâ ferè quintâ Pomeridianâ August 22. Sunday I Preached at Fulham Aug. 24. Tuesday St Bartholomew Extream thunder Lightning and Rain The Pestilence this Summer The greatest Week in London was 73. à 7. Octob. ad 14. spread in many Places miserably in Cambridge The Winter before was extream wet and scarce one Week of Frost This Harvest scarce A great Dearth in France England the Low-Countreys c. Octob. 6. Wednesday I was taken with an extream Cold and Lameness as I was waiting upon St. George his Feast at Windsor and forced to return to Fulham where I continued ill above a Week Octob. 29. Friday I removed my Family from Fulham to London-house Novemb. 4. Thursday Leighton was degraded at the High Commission Novemb. 9. Tuesday That Night Leighton broke out of the Fleet. The Warden says he got or was 〈◊〉 over the Wall the Warden professes he knew not this till Wednesday Noon He told it not me till Thursday Night He was taken again in Bedfordshire and brought back to the Fleet within a Fortnight Novemb. 26. Friday Part of his Sentence was executed upon him at Westminster Decemb. 7. Tuesday The King Sware the Peace with Spain Don Carlo Colonna was Embassadour Decemb. 25. I Preached to the King Christmas-day January 16. Sunday I Consecrated St. Catherine Creed-Church in London January 21. The Lord Wentworth Lord President of the North and I c. In my little Chamber at London-House Friday January 23. I consecrated the Church of St. Giles in the Fields Sunday Feb. 20. This Sunday Morning Westminster-Hall was found on Fire by the Burning of the little Shops or Stalls kept there It is thought by some Pan of Coals left there over night it was taken in time Feb. 23. Ash-Wednesday I preached in Court at White-Hall March 20. Sunday His Majesty put his great Case of Conscience to me about c. Which I after answered God Bless him in it The Famine great this Time But in part by Practice Anno 1631. March 27. Coronation day and Sunday I Preached at St. Paul's Cross. April 10. Easter-Munday I fell ill with great pain in my throat for a Week It was with Cold taken after Heat in my service and then into an Ague A fourth part almost of my Family Sick this Spring June 7. Tuesday I Consecrated the Chappel at Hammersmith June 21. Tuesday and June 26. Saturday My nearer Acquaintance began to settle with Dr. S. I pray God bless us in it June 26. My business with L. T. c. about the Trees which the King had given me in Shotover towards my building in St. John's at Oxford Which work I resolved on in November last And
found him with his Mother sitting in the Room It was a fair Chamber he went away and I went after but missed him and after tyred my self extreamly but neither could I find him nor so much as the House again Anno 1637 March 30. Thursday I Christened the Lady Princess Ann King Charles his third Daughter She was born on Friday March 17. Junij 10. My Book of the Records in the Tower which concerned the Clergy and which I caused to be Collected and Written in Vellam was brought me finished 'T is ab Ann. 20. Ed. 1. ad Ann. 14. Ed. 4. Junij 14. This Day Jo Bastwick Dr of Physick Hen Burton Batch of Divinity and Will Prynne Barrister at Law were Censured for their Libells against the Hierarchy of the Church c. Junij 26. The Speech I then spake in the Star-Chamber was commanded by the King to be Printed And it came out Junij the 25. Junij 26. This Day Munday The Prince Elector and his Brother Prince Rupert began their Journey toward the Sea Side to return for Holland Junij 30. Friday the above named three Libellers lost their Ears Julij 7. Friday A Note was brought to me of a Short Libel pasted on the Cross in Cheapside that the Arch-Wolf of Cant. had his Hand in persecuting the Saints and shedding the Blood of the Martyrs Memento for the last of June Julij 11. Tuesday Dr. Williams Lord Bishop of Lincoln was Censured in the Star-Chamber for tampering and corrupting of Wit in the King's Cause Julij 24. Being Munday He was suspended by the High Commission c. Aug. 3. Thursday I Married James Duke of Lenox to the Lady Mary Villars sole Daughter to the Lord Duke of Buckingham The Marriage was in my Chappel at Lambeth the Day very Rainy the King present Aug. 23. Wednesday My Lord Mayor sent me a Libel found by the Watch at the South Gate of St. Pauls That the Devil had lett that House to me c. Aug. 25. Friday Another Libel brought me by an Officer of the High Commission fastned to the North Gate of St. Pauls That the Government of the Church of England is a Candle in the Snuff going out in a Stench Aug. 25. The same Day at Night my Lord Mayor sent me another Libel hanged upon the Standard in Cheapside My Speech in the Star-Chamber set in a kind of Pillory c. Aug. 29. Tuesday Another short Libel against me in Verse Octob. 22. Sunday A great Noise about the perverting of the Lady Newport Speech of it at the Council My free Speech there to the King concerning the increasing of the Roman Party the Freedom at Denmark-house the Carriage of Mr. Wal. Montague and Sir Toby Matthews The Queen acquainted with all I said that very Night and highly displeased with me and so continues Novemb. 22. Wednesday The extream and unnatural hot Winter Weather began and continued till Decemb. 8. Decemb. 12. Tuesday I had Speech with the Queen a good space and all about the Business of Mr. Montague but we parted fair Anno 1638. April 29. The Tumults in Scotland about the Service-Book offered to be brought in began July 23. 1637. and continued increasing by fits and hath now brought that Kingdom in danger No question but there is a great Concurrence between them and the Puritan Party in England A great aim there to destroy me in the King's Opinion c. Maij 26. Saturday James Lord Marquess Hamilton set forth as the King's Commissioner to appease the Tumults in Scotland God prosper him for God and the King It was a very Rainy Day June My Visitation then began of Merton Coll. in Oxford by my Visitors was Adjourned to my own Hearing against and upon Octob. 2. Octob. 2. 3. 4. I sate upon this Business these Three Days and Adjourned it to July 1. inter Horas primam tertiam Lambeth The Warden appeared very foul Octob. 19. Friday News was brought to us as we sate in the Star-Chamber That the Queen-Mother of France was Landed at Harwich many and great Apprehensions upon this Business Extream Windy and Wet Weather a Week before and after the Water-men called it Q Mother Weather Octob. 26. Friday A most Extream Tempest upon the Thames I was in it going from the Star-Chamber Home between six and seven at Night I was never upon the Water in the like Storm And was in great Danger at my Landing at Lambeth Bridge Octob. 31. Wednesday The Q Mother came into London and so to St James's Novemb. 13. Tuesday The Agreement between me and Ab. S. c. Novemb. 21. Wednesday The General Assembly in Scotland began to Sit. Novemb. 29. Thursday The Proclamation issued out for dissolving the General Assembly in Scotland under pain of Treason Decemb. 20. They sate notwithstanding and made many strange Acts till Decemb. 20. which was Thursday and then they rose But have indicted another Assembly against July next Januar. 14. Munday About 5. at Night a most grievous Tempest of Wind Thunder Lightning and Rain Feb. 10. My Book against Fisher the Jesuit was Printed and this day being Sunday I delivered a Copy to his Majesty Feb. 12. Tuesday-night I dreamed that K. C. was to be Married to a Minister's Widow And that I was called upon to do it No Service-Book could be found and in my own Book which I had I could not find the Order for Marriage Anno 1639. March 27. Wednesday Coronation-day King Charles took his Journey Northward against the Scottish Covenanting Rebels God of his infinite Mercy bless him with Health and Success March 29. Friday An extream Fire in St. Olaves Parish Southwark forty Houses burnt down April 3. Wednesday Before the King 's going I setled with him a great business for the Queen which I understood she would never move for her self The Queen gave me great Thanks And this day I waited purposely on her to give her Thanks for her gracious acceptance She was pleased to be very free with me and to promise me freedom April 29. Munday This day the King went from York toward New-Castle but stayeth at Durham for a week at least Maij 28. His Majesty incamped two Miles West from Barwick by Tweed Junij 4. Whitson-Tuesday As I was going to do my duty to the Queen an Officer of the Lord Mayor's met me and delivered to me two very Seditious Papers the one to the Lord Mayor and Aldermen the other to excite the Apprentices c. Both Subscribed by John Lilburn a Prisoner in the Fleet Sentenced in the Star-Chamber c. Junij 5. Wednesday I delivered both these to the Lords of the Council Junij 15 17. Saturday and Munday The Peace concluded between the King and the Scottish Rebels God make it safe and Honourable to the King and Kingdom Junij 28. Friday I sent the remainder of my Manuscripts to Oxford being in number 576. And about an Hundred of them were Hebrew Arabick and Persian
After they had continued at York till Octob. 28. the King and the Lords returned and the Parliament sate down Novemb. 3. Great Heats appear'd in the very beginning On Wednesday Novemb. 10. Tho. L. 〈◊〉 Earl of Strafford was accused by the House of Commons of High Treason and Committed by the Lords to Mr. James Maxwell the Officer of the House And upon general Articles sent up He was upon Wednesday Novemb. 25. committed to the Tower It is thought and upon good Grounds that the Earl of Strafford had got Knowledge of the Treason of some Men and that he was preparing to accuse them And this Fear both hastned and heated the proceedings against him And upon Dec. 4. being Friday his Majesty at the great Importunity of some Lords of his Council gave way that his Council should be examined upon Oath in the Earl of Strafford's Case and I with others was examined that very Day There were great Thoughts of Heart upon this Business and somewhat vapoured out at Mens Tongues but the thing was done Now at and after the breaking up of the late Parliament Sir Hen. Vane at the private Committee concerning the Scotch Affairs before mentioned instead of setting down the Heads of the several Businesses then Treated of Writ down what every Man said at the Committee though it were but Matter of deliberation and debate Afterwards by a cunning conveyance between his Son who had been Governour in New-England and himself this Paper or a Copy of it was delivered to some Members of the House of Commons and in all probability was the Ground of that which was after done against the Lord Strafford my self and others and the Cause why the King was so hard pressed to have the Lords and others of his Council examined was that so Sir Henry Vane might upon Oath avow the Paper which his Son had seen and shewed and others be brought to witness as much had Truth and their Memories been able to say as much as his Paper After the examination of me and others concerning these Particulars there arose great and violent Debates in the House of Commons against the Bishops and particularly their Votes in Parliament After that Decemb. 16. 1640. they Voted against the late Canons as containing in them many Matters contrary to the fundamental Laws and Statutes of the Realm to the Rights of Parliaments to the Property and Liberty of the Subject and matters tending to Sedition and of dangerous Consequences I was made the Author of all and presently a Committee put upon me to inquire into my Actions and prepare a Charge The same Morning in the Upper-House I was Named as an Incendiary in an Accusation put in by the Scottish Commissioners For now by this Time they were come to that Article of the Treaty which reflected upon me And this was done with great noise to bring me yet further into Hatred with the People especially the Londoners who approved too well the Proceedings of their Brethren the Scots and debased the Bishops and the Church Government in England The Articles which the Scots put into the Upper House by the Hands of their Lords Commissioners against me Decemb. 15. were read there Decemb. 16. I took out a true Copy as it follows here And though I was to make no answer then till the House of Commons had digested them and taken as much out of them as as they pleased to fill my intended Charge withall yet because I after found that the House of Commons insisted upon very few of these particulars if any I thought my self bound to vindicate my Innocency even in these Particulars which shall now appear in their full strength against me if they have any in Wise and Learned Mens Judgments CAP. III THe Novations in Religion which are universally acknowledged to be the main Cause of Commotions in Kingdoms and States and are known to be the true Cause of our present Troubles were many and great besides the Books of Ordination and Homilies First some particular alterations in matters of Religion pressed upon us without Order and against Law contrary to the Form established in our Kirk Secondly a new Book of Canons and Constitutions Ecclesiastical Thirdly a Liturgy or Book of Common-Prayer which did also carry with them many dangerous Errours in matters of Doctrine Of all these we challenge the Prelate of Canterbury as the prime Cause on Earth I shall easily grant that Novations in Religion are a main Cause of Distempers in Commonwealths And I hope it will be as easily granted to me I am sure it should that when great Distempers fall into Kingdoms and Common-wealths the only way to ingage at home and get Credit abroad is to pretend Religion which in all Ages hath been a Cloak large enough to cover at least from the Eyes of the Many even Treasons themselves And For the present Troubles in Scotland Novations in Religion are so far from being known to be the true Cause as that it is manifest to any Man that will look upon it with a single Eye that Temporal Discontents and several Ambitions of the great Men which had been long a working were the true cause of these Troubles And that Religion was call'd in upon the bye to gain the Clergy and by them the Multitude For besides that which was openly spoken by the right Honourable James then Earl of Carlile that somewhat was a brewing in Scotland among some discontented there which wou'd break out to the Trouble of this Kingdom 't is most apparent there were many discontents among them Some whereof had no relation at all to Religion and were far antienter than the Troubles now began and were all Legally proved against the Lord Balmerino who was condemned of high Treason before any of these Stirs began For there were Grievances as they said propounded in the Convention Anno 1628. about Coyning and their black Money which they say were slighted again in the Parliament held 1633. Murmuring also there was as if the Articles and Parliament were not free Great Clamour likewise was there against the Bishops Power in choosing the Lords of the Articles though that Power belonged unto them by the fundamental Laws of that Kingdom As much against the Act of Revocation and the Taxations which yet were voluntarily offer'd and miscalled on purpose to edge the People As also for Applying as they said these Taxations to wrong uses With all which and more Religion had nothing to do Nay this discontented Party grew so High and so Bold that a very Base and Dishonourable Libel was made and spread against the King Anno 1633. by these and the like Pretences to alienate the Hearts of the People from him Of this Libel if one Hagg were the Authour Balmerino was the Divulger and so prov'd And though it be true that then also some things were to be done against the Church-government yet their
Corpus nostrum est subjectum quo recipitur Many weak Collections and Inferences are made by these Men out of this part of the Communion of the Bodily Presence of Christ but not one Evidence is or can be shewed As for Sectaries I have none nor none can have in this Point For no Men can be Sectaries or Followers of me in that which I never held or maintained And 't is well known I have maintained the contrary and perhaps as strongly as any my Opposits and upon Grounds more agreeable to the Doctrine of the Primitive Church Among these Sectaries which they will needs call mine they say there are which teach them that Christ is received in the Sacrament Corporaliter both Objectivè Subjectivé For this Opinion be it whose it will I for my part do utterly condemn it as grosly Superstitious And for the Person that affirms it they should have done well to name him and the place where he delivers this Opinion Had this been done it had been fair And I would then have clearly acknowledged what Relation if any the Person had to me and more fully have spoken to the Opinion it self when I might have seen the full scope together of all that he delivered But I doubt there is some ill Cause or other why this Author is not named by them Yet the Charge goes on 4. The Book of England abolishes all that may import the Oblation of †an unbloody Sacrifice but here we have besides the preparatory Oblation of the Elements which is neither to be found in the Book of England now nor in King Edward's Book of old The Oblation of the Body and the Blood of Christ which Bellarmin calls Sacrificium Laudis quia Deus per illud magnoperè laudatur This also agrees well with their late Doctrine First I think no Man doubts but that there is and ought to be offered up to God at the Consecration and Reception of this Sacrament Sacrificium Laudis the Sacrifice of Praise And that this ought to be expressed in the Liturgy for the Instruction of the People And these Words We entirely desire thy Fatherly Goodness Mercifully to accept this our Sacrifice of Praise and Thanksgiving c. are both in the Book of England and in that which was prepared for Scotland And if Bellarmin do call the Oblation of the Body and the Blood of Christ a Sacrifice of Praise sure he doth well in it for so it is if Bellarmin mean no more by the Oblation of the Body and the Blood of Christ than a Commemoration and a Representation of that great Sacrifice offered up by Christ himself As Bishop Jewel very Learnedly and fully acknowledges But if Bellarmin go farther than this and by the Oblation of the Body and the Blood of Christ mean that the Priest Offers up that which Christ himself did and not a Commemoration of it only he is Erroneous in that and can never make it good But what Bellarmin's Opinion and Meaning is when he calls it Sacrificium Laudis a Sacrifice of Praise I cannot tell till they be pleased to cite the place that I may see and consider of it In the mean time there is as little said in the Liturgy for Scotland which may import an Oblation of an unbloody Sacrifice as is in the Book of England As for the Oblation of the Elements that 's fit and proper And I am sorry for my part that it is not in the Book of England But they say farther We are ready when it shall be judged convenient and we shall be desired to discover much more of Matters in this kind as Grounds laid for Missa Sicca or the Half Mass for Private Mass without the People of Communicating in one kind of the Consumption by the Priest and Consummation of the Sacrifice of receiving the Sacrament in the Mouth and not in the Hand c. Here 's a Conclusion of this Charge against me concerning the Service-Book And these charitable Men which have sought no less than my Life now say they are ready when it shall be convenient and that they shall be desired to deliver much more in this kind Sure the time can never be more convenient for them than now when any thing they will say shall be believed even against apparent Evidence or most full Proof to the contrary And I do desire them that notwithstanding this is Hora vestra Potestas Tenebrarum their most convenient time that they will discover any thing which they have more to say But the Truth is here 's nothing in this threatned Heap but Cunning and Malice For they would seem to reckon up many things but divers of them are little different as Missa Sicca and Communicating in one kind And neither these nor any of the rest offered with any Proof nor indeed are they able to prove that any Grounds are laid for any one of them in that Service-Book And for my own part I have expressed my self as fully against these particulars as any Protestant that hath Written Yet they say Our Supplications were many against these Books But Canterbury procured them to be Answered with Horrible Proclamations We were constrained to use the Remedy of Protestation But for our Protestations and other Lawful Means which were used for our Deliverance Canterbury procured us to be declared Rebells and Traytors to all the Parish-Kirks of England where we were seeking to possess our Religion in Peace against those Devices and Novations Canterbury kindles War against us In all these it is known that he was although not thes ole yet the principal Agent and Adviser Their Supplications against these Books of the Canons and the Service were many indeed But how well qualified the matter duly considered I leave to them who shall take the pains to look into them And howsoever most untrue it is that I caused them to be answered with Horrible Proclamations Nor were they constrained by any thing that I know but their own wilfulness to use the Churlish Remedy of Protestation against their Sovereigns Lawful Power in Lawful Things They add that for their Protestations and other Lawful Means which they used for their Deliverance Canterbury procured them to be proclaimed Rebels Now truly I know no other Lawful means that they used but taking up of Arms professedly against the King And I for my part do not conceive that Lawful for Subjects to do in any Cause of Religion or otherwise and this I am sure was the Ancient Christian Doctrine And yet when they had taken up Arms I did not procure them to be declarered Rebels and Traytors The Proclamation for that went out by Common Advise of the Lords of the Council and their carriage at that time deserv'd it plentifully let them paint over that Action how they can And let the World and future Ages judge whether to take Arms against their Sovereign were a Christian and an orderly seeking to
to my Hands to the State and there left them to do what they pleased in it But that for which they were Sentenced was a Book Written by Mr. Burton and Printed and sent by himself to the Lords sitting in Council and a Letany and other Scandalous things scattered and avowed by Dr. 〈◊〉 and things of like nature by Mr. Pryn. And he was thought to deserve less Favour than the rest because he had been censured before in that great Court for gross abuses of the Queens Gracious Majesty and the Government in his Book Intituled Histriomastix This Censure being past upon these Men though I did no more than is before mentioned yet they and that Faction continued all manner of Malice against me And I had Libel upon Libel scattered in the Streets and pasted upon Posts And upon Friday July 7. 1637. a Note was brought to me of a short Libel pasted on the Cross in Cheapside that the Arch-Wolf of Canterbury had his Hand in persecuting the Saints and shedding the Blood of the Martyrs Now what kind of Saints and Martyrs these were may appear by their Libellous Writings Courses with which Saints and Martyrs were never acquainted And most certain it is that howsoever the Times went then or go now yet in Queen Elizabeth's Time Penry was Hanged and Vdal Condemned and Dyed in Prison for less than is contained in Mr. Burton's Book as will be evident to any Man that compares their Writings together And these Saints would have lost their Lives had they done that against any other State Christian which they did against this And I have yet one of the desperatest Libels by me that hath ordinarily been seen which was sealed up in form of a Letter and sent to me by Mr. Pryn with his Name to it And but that it is exceeding long and from the present business I would here have inserted it To return then The Faction of the Brownists and these three Saints with their Adherents for they were now set at Liberty by the House of Commons and brought into London in great Triumph filled the Press almost Daily with Ballads and Libels full of all manner of Scurrility and more Untruth both against my Person and my Calling These were cried about London-streets and brought many of them to Westminster and given into divers Lords Hands and into the Hands of the Gentlemen of the House of Commons And yet no Order taken by either House to suppress the Printing of such known and shameless Lyes as most of them contained A thing which many sober Men found much fault withall and which I believe hath hardly been seen or suffered in any Civil Common-wealth Christian or other But when I saw the Houses of Parliament so regardless of their own Honour to suffer these base and Barbarous Courses against an Innocent Man and as then not so much as Charged in general I thought fit to arm my self with Patience and endure that which I could not help And by God's Blessing I did so though it grieved me much more for my Calling than for my Person And this spreading of Libellous Base Pamphlets continues to this Day without controul and how long it will continue to the Shame of the Nation I cannot tell While I was thus committed to Mr. Maxwell I found I was by the course of the House to pay in Fees for my Dyet and Custody Twenty Nobles a day This grew very heavy For I was stayed there full ten weeks before so much as any General Charge was brought up by the House of Commons against me which in that time came to Four Hundred Sixty Six Pound Thirteen Shillings and Four Pence And Mr. Maxwell had it all without any Abatement In the mean time on Munday December 21. upon a Petition of Sir Robert Howard I was Condemned to pay Five Hundred Pounds unto him for false Imprisonment And the Lords Order was so strict that I was commanded to pay him the Money presently or give Security to pay it in a very short time I payed it to satisfie the Command of the House but was not therein so well advised as I might have been being Committed for Treason Now the Cause of Sir Robert Howard was this He fell in League with the Lady Viscountess Purbeck The Lord Viscount Purbeck being in some weakness and distemper the Lady used him at her pleasure and betook her self in a manner wholly to Sir Robert Howard and had a Son by him She was delivered of this Child in a Clandestine way under the Name of Mistress Wright These things came to be known and she was brought into the High-Commission and there after a Legal Proceeding was found guilty of Adultery and Sentenced to do Pennance Many of the great Lords of the Kingdom being present in Court and agreeing in the Sentence Upon this Sentence she withdrew her self to avoid the Penance This Sentence passed at London-House in Bishop Mountain's time Novemb. 19. An. Dom. 1627. I was then present as Bishop of Bath and Wells After this when the Storm was somewhat over Sir Robert Howard conveyed her to his House at ....... in Shropshire where she Lived avowedly with him some Years and had by him ... Children At last they grew to that open boldness that he brought her up to London and lodged her in Westminster This was so near the Court and in so open view that the King and the Lords took notice of it as a thing full of Impudence that they should so publickly adventure to outface the Justice of the Realm in so fowl a business And one day as I came of course to wait on his Majesty he took me aside and told me of it being then Arch-Bishop of Canterbury and added that it was a great Reproach to the Church and Nation and that I neglected my Duty in case I did not take order for it I made answer she was the Wife of a Peer of the Realm and that without his leave I could not attach her but that now I knew his Majesty's pleasure I would do my best to have her taken and brought to Penance according to the Sentence against her The next day I had the good hap to apprehend both Her and Sir Robert and by Order of the High-Commission-Court Imprisoned her in the Gate-House and him in the Fleet. This was as far as I remember upon a Wednesday and the Sunday sevennight after was thought upon her to bring to Penance She was much troubled at it and so was he And therefore in the middle of the week following Sir Robert dealt with some of his Friends and among the rest with one Sir ....... of Hampshire who with Mony corrupted the Turn-Key of the Prison so they call him and conveyed the Lady forth and after that into France in Man's Apparel as that Knight himself hath since made his boast This was told me the Morning after the escape And you must think the good Fellowship of the Town was
of the said pretended Canons enjoyned to be taken by all the Clergy and many of the Laity of this Kingdom I Composed no Book of Canons The whole Convocation did it with unanimous Consent So either I must be free or that whole Body must be guilty of High-Treason For in that Crime all are Principals that are guilty Accessory there is none Neither did I publish or put in Execution those Canons or any of them but by Lawful Authority And I do humbly conceive and verily believe there is nothing in those Canons contrary either to the King's Prerogative the Fundamental Laws of the Realm the Rights of Paliament the Propriety and Liberty of the Subjects or any matter tending to Sedition or of dangerous consequence or to the establishment of any vast or unlawful Power in my self and my Sucessors Neither was there any Canon in that Convocation surreptitiously passed by any practice of mine or without due Consideration and Debate Neither was there any thing in that Convocation but what was voted first and subscribed after without fear or compulsion in any kind And I am verily perswaded there never sate any Synod in Christendom wherein the Votes passed with more freedom or less practice than they did in this And for the Oath injoyned in the sixth Canon as it was never made to confirm any unlawful or exorbitant Power over his Majesty's Subjects so I do humbly conceive that it is no Wicked or Ungodly Oath in any respect And I hope I am able to make it good in any learned Assembly in Christendom that this Oath and all those Canons then made and here before recited and every Branch in them are Just and Orthodox and Moderate and most necessary for the present Condition of the Church of England how unwelcom soever to the present Distemper 6. He hath traiterously assumed to himself a Papal and Tyrannical Power both in Ecclesiastical and Temporal Matters over his Majesty's Subjects in this Realm of England and other places to the Disinherison of the Crown Dishonour of his Majesty and Derogation of his Supreme Authority in Ecclesiastical Matters And the said Arch-Bishop claims the King 's Ecclesiastical Jurisdiction as incident to his Episcopal and Archiepiscopal Office in this Kingdom and doth deny the same to be derived from the Crown of England which he hath accordingly exercised to the high contempt of his Royal Majesty and to the destruction of divers of the King's Liege-People in their Persons and Estates I have not assumed Papal or Tyrannicl Power in matters Ecclesiastical or Temporal to the least Disinherison Dishonour or Derogation of his Majesty's Supream Authority in matters Ecclesiastical or Temporal I never claimed the King's Ecclesiastical Jurisdiction as incident to my Episcopal or Archiepiscopal Office in this Kingdom Nor did I ever deny that the exercise of my Jurisdiction was derived from the Crown of England But that which I have said and do still say concerning my Office and Calling is this That my Order as a Bishop and my Power of Jurisdiction is by Divine Apostolical Right and unalterable for ought I know in the Church of Christ. But all the Power I or any other Bishop hath to exercise any the least Power either of Order or Jurisdiction within this Realm of England is derived wholly from the Crown And I conceive it were Treasonable to derive it from any other Power Foreign or Domestick And for the Exercise of this Power under his Majesty I have not used it to the Contempt but to the great Advantage of his Royal Person and to the Preservation not the Destruction of his People Both which appear already by the great Distractions Fears and Troubles which all Men are in since my Restraint and which for ought I yet see are like to increase if God be not exceeding Merciful above our Deserts 7. That he hath traiterously endeavoured to alter and subvert God's true Religion by Law established in this Realm and instead thereof to set up Popish Superstition and Idolatry and to that end hath declared and maintained in Speeches and Printed Books divers Popish Doctrines and Opinions contrary to the Articles of Religion established by Law He hath urged and injoyned divers Popish and Superstitious Ceremonies without any warrant of Law and hath cruelly persecuted those who have opposed the same by Corporal Punishment and Imprisonment and most unjustly vexed others who refused to conform thereto by Ecclesiastical Censures of Excommunication Suspension Deprivation and Degradation contrary to the Law of the Kingdom I never endeavoured to alter or subvert God's true Religion established by Law in this Kingdom or to bring in Romish Superstition Neither have I declared maintained or Printed any Popish Doctrine or Opinion contrary to the Articles of Religion established or any one of them either to the end mentioned in this Article or any other I have neither urged nor injoyned any Popish or Superstitious Ceremonies without warrant of Law nor have I cruelly persecuted any Opposers of them But all that I laboured for in this particular was that the external Worship of God in this Church might be kept up in Uniformity and Decency and in some Beauty of Holiness And this the rather because first I found that with the Contempt of the Outward Worship of God the Inward fell away apace and Profaneness began boldly to shew it self And secondly because I could speak with no conscientious Persons almost that were wavering in Religion but the great motive which wrought upon them to disaffect or think meanly of the Church of England was that the external Worship of God was so lost in the Church as they conceived it and the Churches themselves and all things in them suffered to lye in such a base and slovenly Fashion in most places of the Kingdom These and no other Considerations moved me to take so much care as I did of it which was with a single Eye and most free from any Romish Superstition in any thing As for Ceremonies all that I injoyned were according to Law And if any were Superstitious I injoyned them not As for those which are so called by some Men they are no Innovations but Restaurations of the ancient approved Ceremonies in and from the beginning of the Reformation and setled either by Law or Custom till the Faction of such as now openly and avowedly separate from the Church of England did oppose them and cry them down And for the Censures which I put upon any I presume they will to all indifferent Men which will Understandingly and Patiently hear the Cause appear to be Just Moderate and according to Law 8. That for the better advancing of his Traiterous Purpose and Designs he did abuse the great Power and Trust his Majesty reposed in him and did intrude upon the Places of divers great Officers and upon the Right of divers his Majesty's Subjects whereby he did procure to himself the Nomination of sundry
I ever pressed the Argument alike against both as I can prove by good Witness if need be And I pray God this Faction too little feared and too much nourished among us have not now found the Opportunity waited for 3. That they live here and enjoy all freedom and yet for the most part scorn so much as to learn the Language or to converse with any more than for advantage of Bargaining And will take no Englishman to be their Apprentice nor teach them any of their Manufactures which I did then and do still think most unreasonable 4. That for Religion if after so many descents of their Children born in the Land and so Native Subjects these Children of theirs should refuse to Pray and Communicate with the Church of England into whose bosom their Parents fled at first for succour I thought then and do still that no State could with safety or would in Wisdom endure it And this concerning their Children was all that was desired by me As appears by the Act which my Vicar General made concerning those Churches at Canterbury Sandwitch and Maidstone in my Diocess and the Publication of this Act in their Congregations by their own Ministers in this Form following I am commanded to signifie unto you that it is not his Majesty's intent nor of the Council of State to dissolve our Congregations And to that end his Majesty is content to permit the Natives of the first degree to continue Members of our Congregations as before But the Natives in this Church after the first descent are injoyned to obey my Lord Arch-Bishop his Injunction which is to conform themselves to the English Discipline and Liturgy every one in his Parish without inhibiting them notwithstanding from resorting sometimes to our Assemblies And my Lord Arch-Bishop of 〈◊〉 means notwithstanding that the said Natives shall continue to contribute to the Maintenance of the Ministry and Poor of this Church for the better subsisting thereof And promiseth to obtain an Order from the Council if need be and they require it to maintain them in their Manufactures against those which would trouble them by Informations Now that which I injoyned the French and Dutch Churches was to a syllable all one with this in all parts of my Province where these Churches resided As at South-hampton and Norwich And I have a Letter to shew full of thanks from the Ministers and Elders of the French and Walloon-Churches at Norwich All which is far from an endeavour to suppress any just Priviledges and Immunities which these Churches had in England or ought to have in any well-governed Kingdom And since this time I have not only seen but gotten the very Original Letter of Queen Elizabeth of Happy Memory written to the Lord Treasurer Pawlet specifying what Order she would should be taken with and for these Churches The Letter is Signed with her Majesty 's own Hand and Signet and gives them not half so much Liberty I do not say as they take but as I have been ever most content to give them For the Queen in these Letters allows them nothing contrary to her Laws and therefore nothing but our Liturgy in their own Language not another Form of Divine Service and Discipline much different from it This was the Wisdom of those times which I pray God we may follow The Queen's Letter follows in these words Elizabeth RIght Trusty and right well-beloved Cozen we greet you well Whereas in the time of our Brother and Sister also the Church of the late Augustine Fryars was appointed to the use of all the Strangers reparing to the City of London for to have therein Divine Service considering that by an Universal Order all the rest of the Churches have the Divine Service in the English Tongue for the better edifying of the People which the Strangers Born understand not Our Pleasure is that you shall Assign and Deliver the said Church and all things thereto belonging to the Reverend Father in God the Bishop of London to be appointed to such Curates and Ministers as he shall think good to serve from time to time in the same Churches both for daily Divine Service and for Administration of the Sacraments and Preaching of the Gospel so as no Rite nor Use be therein observed contrary or derogatory to our Laws And these our Letters shall be your sufficient Warrant and Discharge in that behalf Given under Our Signet at Our Palace of Westminster the ...... of February the Second Year of our Reign To our Trusty and right well beloved Cousin and Counsellor the Marquess of Winchester High Treasurer of England 13. He hath maliciously and Trayterously Plotted and endeavoured to stir up War and Enmity betwixt his Majesty's two Kingdoms of England and Scotland and to that purpose hath laboured to introduce into the Kingdom of Scotland divers Innovations both in Religion and Government all or the most part tending to Popery and Superstition to the great Grievance and Discontent of his Majesty's Subjects of that Nation And for their refusing to submit to such Innovations he did trayterously Advise his Majesty to Subdue them by Force of Arms And by his own Authority and Power contrary to Law did procure sundry of his Majesty's Subjects and inforced the Clergy of this Kingdom to contribute toward the Maintenance of that War And when his Majesty with much Wisdom and Justice had made a Pacification betwixt the two Kingdoms the said Arch-Bishop did presumptuously censure that Pacification as Dishonourable to his Majesty and by his Counsel and Endeavours so incensed his Majesty against his said Subjects of Scotland that he did thereupon by Advice of the said Arch-Bishop enter into an offensive War against them to the great 〈◊〉 of his Majesty's Person and his Subjects of both Kingdoms I did not Endeavour to stir up War between his Majesty's two Kingdoms of England and Scotland but my Counsels were for Peace As may appear by the Counsel which I gave at Theobalds in the beginning of these unhappy Differences For there my Counsel only put a stay upon the Business in hope his Majesty might have a better Issue without than with a War And if I were mistaken in this Counsel yet it agreed well with my Profession and with the Cause which was differences in Religion which I conceived might better be composed by Ink than by Blood And I think it cannot easily be forgotten that I gave this Counsel For my Lord the Earl of Arundel opposed me openly at the Table then and said my Grounds would deceive me And my Lord the Earl of Holland came to me so soon as we were risen from Counsel and was pleased to say to me that I had done my self and my Calling a great deal of Right and the King my Master the best Service that ever I did him in my Life And Mr. Patrick Male of his Majesty's Bed-chamber when he heard what I had done came and gave me
Religion to let you know that their said Lordships have assigned and appointed you to attend on them as Assistant in that Committee And to let you know in general that their Lordships do intend to examine all Innovations in Doctrine or Discipline introduced into the Church without Law since the Reformation and if their Lordships shall in their Judgments find it behoveful for the good of the Church and State to Examine after that the degrees and perfection of the Reformation it self Which I am directed to intimate unto you that you may prepare your Thoughts Studies and Meditations accordingly Expecting their Lordships pleasure for the particular points as they shall arise and giving you to understand that their Lordships next sitting is upon Friday next in the Afternoon I recommend you to God's protection being Your very loving Friend and Brother Jo. Lincoln West Coll. 12 Martij 1640. To my very loving Friends and Brethren Dr. Brownrig Mr. Shute Dr. Featly Mr. Calamy Dr. Hacket Mr. White Dr. Westfield Mr. Marshal Dr. Burges What use will be made of this Committee for the present I shall expect but what it shall produce in future I dare not prophesie But it may be it will prove in time superiour to the National Synods of England And what that may work in this Church and State God knows I setled my self in my Lodging in the Tower where I yet am and pass my weary time as well as I can On Saturday Mar. 13. Divers Lords dined with the Lord Herbert Son to the Earl of Worcester at his new House by Fox-Hall in Lambeth As they came back after Dinner three young Lords were in a Boat together and St. Paul's Church was in their Eye Hereupon one of them said he was sorry for my Commitment if it were but for the building of St. Pauls which would go but slowly on there-while The Lord Brook who was one of the three replyed I hope one of us shall live to see no one stone left upon another of that building This was told and avowed by one of the Lords present And when I heard it I said now the Lord forbid and bless his poor Church in this Kingdom CAP. IX ON Munday Mar. 22. the Earl of Strafford's Tryal began in Westminster-Hall And it continued with some few Intermissions till the end of April The Earl got all the time a great deal of Reputation by his Patient yet Stout and clear Answers and changed many Understanding Mens Minds concerning him Insomuch that the great Lawyers of his Council affirmed there openly That there was no Treason appearing to them by any Law Upon this the House of Commons who were all the while present in a Body left the Hall and instead of leaving the whole Cause to the Judgment of the Lords in the ordinary Way of Parliaments betook themselves to their Legislative Power and so passed a Bill of Attainder against him and having none made a Law to take away his Life This Bill was denyed by two or three and fifty as able Men as any in the House of Commons But the Faction grew so hot that all their Names were Pasted up at the Exchange under the Title of Straffordians thereby to increase the Hatred of the People both against him and them and the Libels multiplyed This Bill went on with great haste and earnestness which the King observing and loth to lose so great and good a Servant his Majesty came into the House of Lords and there upon Saturday Maii 1. Declared unto both Houses how carefully he had heard and observed all the Charge against the Earl of Strafford for he was present at every Days Hearing and found that his Fault whatever it were could not amount to Treason And added That if they meant to proceed by Bill it must pass by him and that he could not in his Conscience find him guilty nor would ever wrong his Honour or his Conscience so far as to pass such a Bill or to that Effect But advised them to proceed by way of Misdemeanour and he would concur with them in any Sentence This displeased mightily and I verily think it hastened the Earl's Death And indeed to what end should the King come voluntarily to say this and there unless he would have abode by it whatever came And it had been far more Regal to reject the Bill when it had been brought to him his Conscience standing so as his Majesty openly professed it did than to make this Honourable Preface and let the Bill pass after The House of Commons and some Lords too it seems eagerly bent against the Earl of Strafford seeing by this the King 's bent grew more sharp and pursued the Bill the more violently In so much that within two or three Days after some Citizens of London and Prentices came down in Multitudes to the Parliament called there for Justice and pretended all Trade was stopp'd till Justice was done upon the Earl of Strafford Who brought on the People to this way I would not tell you if I did certainly know but wise Men see that plain enough without telling These People press upon the Lords in a way unknown in the English Government yea or in any setled Government in Christendom In conclusion they are taught to threaten the King and his Court in a strange Manner if they may not have speedy Justice The Bill comes up to the Lords when the House was none of the fullest but what made so many absent I know not and there it past And upon Sunday May 9. the King was so laid at and so frighted with these Bugbears that if Justice were not done and the Bill Passed for the Earl of Strafford's Execution the Multitude would come the Next Day and pull down White-Hall and God knows what might become of the King himself that these fears prevailing his Majesty gave way and the Bill passed and that Night late Sir Dudly Carlton one of the Clerks of the Council was sent to the Tower to give the Earl warning that he must prepare to Dye the Wednesday Morning following The Earl of Strafford received the Message of Death with great Courage yet Sweetness as Sir Dudly himself after told me On Munday Morning the Earl sent for the Lord Primate of Armagh to come to him He came and the same Day visited me and gave me very high Testimony of the Earl's Sufficiency and Resolution And among the rest this That he never knew any Lay-man in all his Life that so well and fully understood Matters of Divinity as the Earl did and that his Resolutions were as firm and as good In this Interim before the Day of his Death he made by his Friends two Suits to his Majesty The one that he might Dye privately within the Tower the other That his Death might be Respited till the Saturday that he might have a little more time to settle his Estate His Majesty sent these Requests to the Houses
into the Hands of the Parliament His Words are concerning the Government and Liturgy of the Church his Majesty is willing to declare that he will refer that whole Consideration to the Wisdom of his Parliament which he desires them to enter into speedily that the present Distractions about the same may be composed But desires not to be pressed to any single Act on his part till the whole be so digested and setled by both Houses that his Majesty may clearly see what is fit to be left as well as what is fit to be taken away So here they are made Masters of all and in a time of great exasperation against the Clergy and the Bishops and their Votes being newly thrust out of the House So God bless the poor Church of England for I very much fear this can bode no good The same Day being Munday there came an Order from the Lords that the Twelve Bishops which were Committed Decemb. 30. might put in Bayl if they would and that they should have their Hearing upon Friday Febr. 25. They were glad Men procured their Bayl and went out of the Tower on Wednesday Febr. 16. This Order of the Lords was known to the House of Commons well enough yet they would take no Notice of it nor offer to stay the Bishops But on Wednesday after they were sure the Bishops were come forth and gone to their several Lodgings they sent a Message to the Lords that they desired the Bishops might be presently remanded to safe Custody or else they might and would Protest against their Lordships for Breach of the Priviledges of their House Because being Impeached by them the Lords had Bayled them without acquainting them first with it in a Parliamentary way This Message was very high and so delivered by Mr. Denzil Hollis The Lords yielded And the poor Bishops were brought back again to the Tower the next Morning Febr. 17. But with an Order that they should not pay new Fees and with a Promise that their Cause should be heard on Saturday Febr. 19. I will not so much as dispute any Priviledge of the House of Commons and I presume the Lords were not willing to break any This I am sure of that as this Business was carried though the Bishops had a great Indignity and Scorn put upon them yet that which was put upon the Lords was far greater and might certainly have been carried in a smoother way on all Hands On Saturday Febr. 19. according to appointment the Twelve Bishops were all at the House and at the Bar Mr. Glin pressed the Charge of High Treason against them in the Name of the House of Commons The Bishops said not much but their Counsel were very earnest that they might be presently Heard But they were not admitted to speak And so the Business was put off to Thursday Febr. 24. That Night when the Commons were returned into their own House there was a Motion made to proceed against the Bishops by Bill and not in the other Ordinary Way CAP. XIII ON Sunday Feb. 20. there came a tall Gentleman by the Name of Mr. Hunt to my Lodging in the Tower to speak with me I was then in my Bed-Chamber speaking with Mr. Edward Hide one of the House of Commons I went forth to speak with this Mr. Hunt When I came he professed that though he was unknown to me yet he came to do me service in a great Particular And Prefaced it farther that he was not set on to come to me by any States-Man or by any of the Parliament nor did expect any Reward but only was desirous to serve me I wondred what the matter should be Then he drew a Paper out of his Pocket and gave it me to read It contained four Articles fairly Written and drawn up against me to the Parliament All of them were touching my near Conversation with Priests and my endeavour by them to subvert Religion in England He told me when I had read them that the Articles were not yet put into the House They were subscribed by one Willoughby who he said was a Priest but now turned and come away from them I asked him what Service it was that by this he could do to me He said he left me to think on that but professed he looked for no advantage to himself I conceived hereupon this was some piece of Villany and bad him tell Willoughby from me that he was a Villain to subscribe such a Paper and for the Articles let him put them into the Parliament when he pleased Mr. Hunt desired me to take nothing ill from him for he meant me Service I reply'd that he came to me Civilly and used me in Speech like a Gentleman But Willoughby was in this as I had called him I left him and his Paper and returned to Mr. Hide into my Bed-Chamber There I told him and my Servant Mr. Richard Cobb all that passed And they were glad I gave him so short and so harsh an Answer and did think as I my self did that it was a Plot to intrap me After they were gone I sat thinking with my self and was very Sorry that my Indignation at this base Villany had made me so hasty to send Hunt away and that I did not desire Mr. Lieutenant of the Tower to seize on him till he brought forth this Willoughby I am since informed that this Hunt is a Gentleman that hath spent all or most of his Means and I verily believe this was a Plot between him and Willoughby to draw Money from me to conceal the Articles in which way had I complyed with him I had utterly undone my self But I thank God for his Mercy to me I am Innocent and defy in this Kind what any Man can truly say against me On Friday Mar. 4. the two Bishops which were at Mr. Maxwell's namely Thomas Moreton Bishop of Duresme and Robert Wright Bishop of Coventry and Lichfield having formerly Petitioned were present in the House of Commons to speak for themselves and they did so At the same time the Petition of the other ten Bishops which were in the Tower which was sent into that House upon the Example of the other two was read After this a Committee was named to draw up a Bill But what it shall contain is not yet known So herein they departed not from their former Resolution On Sunday Mar. 6. after I came from Sermon I walked in a large Room of which I had the use before I went to Dinner And after I had walked a pretty while expecting some Company upon the sudden as I walked on I heard a great Crack as loud as the Report of a small Dag to my thinking And the Noise being near me I had a conceit that one of the Boards brake under me but it was a Tendon of my right Leg which brake asunder God knows how For I was upon plain Boards and had no uneven step
nor slip not so much as a turning of my Foot aside upon any Chink This Tendon or part of the main Sinew above my Heel brake just in the same Place where I had unhappily broken it before Febr 5 1627. as I was waiting upon King Charles to Hampton-Court But I recovered of it and could go strongly upon plain Ground God be merciful unto me now that he is pleased to humble me yet farther and to take from me the use of my Limbs the only Comfort under him in the midst of my Afflictions And this Lameness continued two whole Months before I was able to go down Stairs to take any Air to refresh my self and long after before I received any competent Measure of Strength CAP. XIV ST Leonards Foster-Lane London is in the Gift of the Dean and Chapter of Westminster Mr William Ward the Incumbent had resigned and besides was Censured by a Committee in Parliament for Innovations and I know not what One Mr George Smith was tender'd it seems to the Dean and Chapter of Westminster How things were carried there I know not but they let their Living fall in Lapse to the Lord Bishop of London His six Months likewise were suffered to slide over and the Benesice was lapsed to me as Arch-Bishop of Canterbury about March the 〈◊〉 In all this time Mr Ward had not the Providence to seek to the King for remedy or to the Original Patrons whose Presentation at any time before the Bishop had filled the Church was as I am inform'd good in Law This Benefice being now in my dispose the Precise part of the Parish Petition the Parliament for the aforesaid Mr. George Smith and by the means of my Lord Kimbolton a great Patron of such Men obtain this Order following Die Jovis 17 Martij 1641. UPon the reading of the Petition of the Parishioners of St. Leonards Foster-Lane London it is Ordered by the Lords in Parliament that Mr George Smith elected and approved by the Dean of Westminster and the Parishioners of 〈◊〉 Leonards Foster-Lane be especially recommended to the Lord Arch-Bishop of Canterbury his Grace from this House that the said Mr Smith may be forthwith Presented to the Parish-Church of the said St Lawrence John Brown Clericus Parliament This Order was brought me by the Church-Wardens and some of the Parish on Saturday March 19. I was sorry for the honest Incumbent's sake Mr Ward and troubled in my self to have such an Order sent me Especially considering that the Lords former Order though as I was informed against all Law yet was so moderate as to suffer me to Nominate to Benefices so that the Men were without Exception I put them off till Monday In the mean time I advised with my Learned Councel and other Friends All of them agreed in this That it was a great and a violent Injustice put upon me yet in regard of the Time and my Condition they perswaded me to give way to their Power and Present their Clerk On Munday Mar. 21. they repaired to me again I sent them to my Register to draw a Presentation according to the Order of Parliament and advised them while that was in drawing to send Mr. Smith to me One of them told me very boldly that it was not in the Order of Parliament that Mr. Smith should come to me and another told me that Mr. Smith would not come to me Upon this unworthy Usage of me I dismissed them again having first in Obedience to the Order Sealed and set my Hand to the Presentation ready for delivery when Mr. Smith came for it The next Morning these men repair again to the Lords House and on Wednesday Mar. 23. procure another Order strictly commanding me forthwith to deliver the Presentation to the Parishioners This Order being setled the Earl of Holland made a Motion and put the Lords in Mind that I lay under a heavy Charge and had long lain so That it would be Honourable for the Parliament to bring my Cause to Hearing that so I might receive Punishment if I were found to deserve it or otherwise have some end of my Troubles There was a great dispute among my Friends Quo Animo with what Mind this Lord moved it especially then when almost all my Friends in both Houses were absent Howsoever I took it for the best desiring nothing more than an end and therefore sent a Gentleman the next Day to give his Lordship Thanks for his Nobleness in remembring me And if he did it with an Ill Mind God forgive him and preserve me But whatsoever his Lordship's Intent was his Motion after some Debate begat a Message to the House of Commons to ripen my Business but it dyed again and nothing done The Order last above written concerning Mr. Smith the Parishioners brought to me the same Day in the Afternoon It happened that the Lord Primate of Armagh was then with me I shewed him the Order and he blessed himself to see it yet advised me to obey as my other Friends had done I farther desired him to stay and hear my Answer to them which was this That I knew not what Report they had made of me and my Obedience to the Lords and that therefore I would give their Lordships in Writeing an Account of my Proceedings but would deliver the Presentation to Mr. Smith when he came The Lord Primate cryed shame of them to their Faces So they went away On Thursday March 24. in an humble Petition I informed the Lords how ready I was to obey Only desired that Mr. Smith might come to me that I might see his Orders and examine his Sufficiency to both which I stood bound both in Conscience and by Law Upon reading of this Petition some Lords said Mr. Smith was an unmannerly Fellow not to come to me But the Lord Kimbolton told them he was a very worthy Man and that he might go to me afterward but it was fit their Order should be obeyed And the Earl of Warwick added that I desired Mr. Smith might come to me only that I might pick a Quarrel with him to frustrate the Order of the House Upon this there followed Instantly a Peremptory Order commanding me to present Obedience So Mr. Smith was left to come to me afterwards if he pleased and he came not at all which was as good as if he had come to have his Sufficiency examined for that which he had already in possession But how worthy and fit he proved I refer to all honest Men that heard him afterwards Upon this Order according to the former Advice of my Friends I delivered the Presentation to the Churchwardens and Parishioners and if any thing proved amiss in the Man as after did in a high Measure or hurtful in the thing it self I humbly besought God to have Mercy on me and to call for an Account of them who laid this pressure upon me CAP. XV. BEfore this time the Rectory of
else took care of And the Summ of these Answers I gave to Mr. Browne when he gave up the Summ of his Charge against me The next Particular was about Depopulations A Commission of Grace to compound with some Delinquents in that kind was Issued under the Broad Seal to some Lords and other Persons of Honour of the Council of which I was one One Mr. Talboys was called thither And the Charge about this was that when he pleaded that by Statute 39. Eliz. he might convert some to Pasture I should say Do you plead Law here Either abide the Order or take your Tryal at the Star-Chamber And that he was Fined 50 l. In this Particular Mr. Talboys is single and in his own Cause but I was single at no sitting of that Commission Nor did I ever sit unless the Lord Privy-Seal and Mr. Secretary Coke were present that we might have direction from their Knowledge and Experience And for the Words if spoken they were not to derogate from the Law but to shew that we sate not there as any Judges of the Law but to offer his Majesty's Grace to such as would accept it As for the Fine mentioned we imposed none upon him or any other but by the consent of the Parties themselves If any Man thought he was not faulty and would not accept of the Favour shewed him we left him to the Law But the plain truth is this Gentleman being Tenant to the Dean and Chapter of Christ-Church in Oxford offer'd them as they conceived great wrong in the Land he held of them in so much as they feared other their Tenants might follow his Example and therefore complained of him And because I laid open his usage of his Landlords before the Commissioners he comes here to vent his Spleen against me And 't is observable that in all the business of Depopulations in which so many appeared no one complained either against me or any other Lord but only this Talboys Mr. Browne when he pressed the Summ of this Charge against me added That at the Council-Table I was for all Illegal Projects as well as for these Inclosures But First I was neither for this nor any other either longer or otherwise than I understood them to be Lawful And Secondly I opposed there the business of Salt and the Base Mony and I alone took off that of the Malt and the Brewing And three Gentlemen of Hertfordshire which County was principally concerned in the Case of the Malt came over to Lambeth to give me Thanks for it Then was charged upon me the Printing of Books which asserted the King's Prerogative above Law c. The instance was in Dr. Cowell's Book Verbo Rex That this Book was decryed by Proclamation that Complaint was made to me that this Book was Printing in a close House without Licence and by Hodgkinson who was my Printer that I referred them to Sir John Lambe that they came to me again and a third time and I still continued my Reference which Sir John Lambe slighting the Book came forth The Witnesses to this were Hunt and Wallye if I mistook not their Names 1. For this Book of Dr. Cowell's I never knew of it till it was Printed or so far gone on in Printing that I could not stay it And the Witnesses say it was in a close House and without Licence so neither I nor my Chaplains could take notice of it 2. They say they informed me of it but name no time but only the Year 1638. But they confess I was then at Croydon So being out of Town as were almost all the High Commissioners I required Sir John Lambe who being a High Commissioner had in that business as much power as my self to look to it carefully that the Book proceeded not or if it were already Printed that it came not forth If Sir John slighted his own Duty and my Command as themselves say he is Living and may answer for himself and I hope your Lordships will not put his Neglect upon my Account 3. As for Hodgkinson he was never my Printer but Badger was the Man whom I imployed as is well known to all the Stationers Nor was Hodgkinson ever imployed by me in that kind or any other Upon just Complaint I turned him out of a place but never put him into any And therefore those Terms which were put upon me of my Hodgkinson and my Sir John Lambe might have been spared Sir John was indeed Dean of the Arches and I imployed him as other Arch-Bishops did the Deans which were in their Times otherwise no way mine And Hodgkinson had his whole dependance on Sir Henry Martin and was a meer Stranger to me And this Answer I gave to Mr. Browne when he summ'd up the Charge Nor could any danger be in the Printing of that Book to mislead any Man Because it was generally made known by Proclamation that it was a Book Condemned and in such Particulars But for other things the Book very useful The next Charge was That when Dr Gill School-Master of Paul's School in London was warned out by the Mercers to the Care of which Company that School some way belongs upon Dr Gill's Petition to the King there was a Reference to some other Lords and my self to hear the Business The Charge is that at this Hearing I should say the Mercers might not put out Dr Gill without his Ordinary's Knowledge And that upon mention made of an Act of Parliament I should reply I see nothing will down with you but Acts of Parliament no regard at all of the Canons of the Church And that I should farther add That I would rescind all Acts which were against the Canons and that I hoped shortly to see the Canons and the King's Prerogative of equal force with an Act of Parliament To this I Answer'd That if all this Charge were true yet this is but the single Testimony of Samuel Bland an Officer belonging to the Company of the Mercers and no small Stickler against Dr. Gill whose Aged Reverend Father had done that Company great Service in that School for many Years together The Reference he grants was to me and others So I neither thrust my self into the Business nor was alone in it And as there is a Canon of this Church That no Man may be allowed to 〈◊〉 School but by the Bishop of the Diocess so à paritate rationis it stands good They may not turn him out without the said Bishops knowledge and Approbation And 't is expressed in another Canon That if any School-Master offend in any of the Premises there spoken of he shall be 〈◊〉 by his Ordinary and if he do not amend upon that his 〈◊〉 he shall then be Suspended from Teaching Which I think makes the Case plain that the Mercers might not turn out Dr. Gill without so much as the Knowledge of his Bishop And for the Words That I saw nothing would down with them
but an Act of Parliament and that no regard was had to the Canons I humbly conceive there was no offence in the Words For though the Superiority by far in this Kingdom belongs to the Acts of Parliament yet some regard doubtless is or ought to be had to the Canons of the Church And if nothing will down with Men but Acts of Parliament the Government cannot be held up in many Particulars For the other Words God forgive this Witness For I am well assured I neither did nor could speak them For is it so much as probable that I should say I would rescind all Acts that are against the Canons What power have I or any particular Man to rescind Acts of Parliament Nor do I think any Man that knows me will believe I could be such a Fool as to say That I hoped shortly to see the Canons and the Kings Prerogative equal to Acts of Parliament Since I have lived to see and that often many Canons rejected as contrary to the Custom of the Place as in choice of Parish-Clerks and about the Reparation of some Churches and the King's Prerogative discussed and weighed by Law Neither of which hath or can be done by any Judges to an Act of Parliament That there is Malice in this Man against me appears plainly but upon what 't is grounded I cannot tell Unless it be that in this business of Dr. Gill and in some other about placing Lecturers which in some Cases this Company of the Mercers took on them to do I opposing it so far as Law and Canon would give me leave crossed some way either his Opinion in Religion or his Purse-profit I was I confess so much moved at the Unworthiness of this Man's Testimony that I thought to bind this Sin upon his Soul not to be forgiven him till he did publickly ask me Forgiveness for this Notorious Publick Wrong done me But by God's Goodness I master'd my self and I heartily desire God to give him a sense of this Sin against me his poor Servant and forgive him And if these words could possibly scape me and be within the danger of that Statute then to that Statute which requires my Tryal within six Months I refer my self The Eleventh Charge of this day was the Imprisonment of Mr. George Waker about a Sermon of his Preached to prove as he said That 't is Sin to obey the greatest Monarchs in things which are against the Command of God That I had Notes of his Sermons for four or five Years together of purpose to intrap him That I told his Majesty he was Factious That Sir Dadly Carlton writ to keep him close That in this Affliction I protested to do him Kindness and yet did contrary My Answer was That for the Scope of his Sermon To Obey God rather than Man no Man doubts but it ought to be so when the Commands are opposite But his Sermon was viewed and many factious Passages and of high Nature found in it And yet I did not tell the King he was Factious but that he was so complained of to me and this was openly at the Council-Table And whereas he speaks of Notes of his Sermons for divers Years with a purpose to intrap him all that he says is that he was told so but produces not by whom And truly I never had any such Notes nor ever used any such Art against any Man in my Life For his Commitment it was done by the Council-Table and after upon some Carriage of his there by the Court of Star-Chamber not by me nor can that be imputed to me which is done there by the major part and I having no Negative And if Sir Dudly Carlton writ to keep him close at his Brother's House contrary to the Lords Order let him answer it And if he supposes that was done by me why is not Sir Dudly examined to try that Truth As for the Protestation which he says I made to his Wife and his Brother that I complained not against him it was no Denyal of my Complaint made against him at the first that I heard he was Factious but that after the time in which I had seen the full Testimony of grave Ministers in London that he was not Factious I made no Complaint after that but did my best to free him And the Treason in these two Charges is against the Company of the Mercers and Mr. Waker The next Charge was that Dr Manwaring having been Censured by the Lords in Parliament for a Sermon of his against the Liberty and Propriety of the Subject was yet after this preferred by me in Contempt of the Parliament-Censure both to the Deanery of Warcester and the Bishoprick of St Davids And my own Diary witnesses that I was complained of in Parliament for it And that yet after this I did consecrate him Bishop 1. To this I answered that he was not preferred by me to either of these and therefore that could not be done in contempt of the Parliament-Censure which was not done at all For as for St Davids 't is confessed Secretary Windebank signified the King's Pleasure not I. And whereas it was added that this was by my means That is only said but not proved And for Worcester there is no Proof but the Docket-Book Now my Lords 't is well known in Court that the Docket doth but signifie the King's Pleasure for such a Bill to be drawn it never mentions who procured the Preferment So that the Docket can be no Proof at all against me and other there is none 2. For the Sermon 't is true I was complained of in Parliament that I had been the Cause of Licensing it to the Press and 't is as true that upon that Complaint I was narrowly sifted and an Honourable Lord now present and the Lord Bishop of Lincoln were sent to Bishop Mountain who Licensed the Sermon to Examine and see whether any Warrant had come from me or any Message But when nothing appeared I was acquitted in open Parliament To some Body 's no small Grief God forgive them and their Malice against me for to my knowledge my Ruin was then thirsted for And as I answered Mr. Brown's Summary Charge when he pressed this against me could this have been proved I had been undone long since the Work had not been now to be done That he was after Consecrated by me is true likewise and I hope 't is not expected I should ruine my self and fall into a Premunire by refusing the King 's Royal Assent and this for fear lest it might be thought I procured his Preferment But the Truth is his Majesty commanded me to put him in mind of him when Preferments fell and I did so But withal I told his Majesty of his Censure and that I fear'd ill Construction would be made of it To this it was replyed That I might have refused to Consecrate the Cause why being sufficient and justifiable in Parliament and excepted
to give an easie Account for this But whereas I said the Repair of St. Pauls was a strange piece of Treason And they presently Replyed that they did not Charge the Repair upon me but the Manner of doing it by demolishing of Mens Houses To that I Answered as follows with this first that the Work hath cost me above One Thousand and two Hundred Pounds out of my own Purse besides all my Care and Pains and now this heavy Charge to boot No one Man offering to prove that I have Mis-spent or diverted to other use any one Penny given to that work or that I have done any thing about it without the Knowledge Approbation and Order of his Majesty or the Lords of the Council or both To the Particulars then For the three Orders taken out of the Council-Books I shall not need to repeat them But what is the Mystery that these Orders are reckoned backward the last first Is it to aggravate as if it rose by steps That cannot well be because the first Order is the Sourest if I conceive it right Besides here was real Composition allotted for them and that by a Committee named by the Lords not by me And I think it was very real for it Cost Eight or Nine Thousand Pounds as appears upon the Accounts meerly to take down the Houses which had no Right to stand there before we could come at the Church to Repair it And if any thing should be amiss in any of these which is more than I either know or believe they were the Council's Orders not mine And shall that be urged as Treason against me which is not Imputed to them so much as a Misdemeanour Besides the Lords of the Council are in the ancient Constitution of this Kingdom one Body and whatsoever the Major Part of them concludes is reputed the Act of the whole not any one Man's And this I must often Inculcate because I see such Publick Acts like to be heaped upon my Particular 1. The first Witness about this Business of St. Pauls is Mich. Burton and 't is charged that his House was pulled down in King James's time That he was Promised relief but had none That hereupon he got a Reference from his Majesty that now is and came with it to the Council and was referred to the Committee That Sir Hen. Martin told him that the Arch-Bishop was his hinderance That he resorted to me and that I bid him go to King James for his Recompence To this my Answer was That this House which he says was his was as is confessed by himself taken down in King James's Time when an attempt was made about the Repair of this Cathedral but nothing done If he desired satisfaction he was to seek it of them who took down his House not of me If his Majesty that now is gave him a Reference he was by the Lords of the Council or by me if to me it were Referred to be sent to the Sub-Committee because Satisfaction for each House was to be Ordered by them Nor had I any Reason to take it on my Care which was done so long before He says that Sir Henry Martin told him that I hindred him But that 's no Proof that Sir Hen Martin told him so For 't is but his Report of Sir Henry Martin's Speech And I hope Sir Henry neither did nor would do me such apparent Wrong He was the third Man to whom I brake my Intentions touching the Repair and the Difficulties which I foresaw I was to meet with And he gave me all Encouragement And it may be when nothing would satisfie the eager Old Man I might bid him go to King James for Recompence but 't is more than I remember if I did so And this Man is single and in his own Case and where lyes the Treason that is in it Besides least Consideration was due to this House For not many Years before the Demolishing of it it was Built at the West End of St. Pauls for a Lottery it was said to be the House of one Wheatly and after the Lottery ended finished up into a Dwelling-House to the great annoyance of that Church The Bishop and Dean and Chapter being asleep while it was done 2. The next Charge about St. Pauls was Witnessed by Mary Berry That her Husband was fain to set up his Trade elsewhere and that every Man reported the Bishop was the Cause of it Her Husband was forced by this Remove to set up his Trade elsewhere so she says And perhaps in a better Place and with Satisfaction sufficient to make him a better Stock Where 's the Wrong Beside she is single and in her own Cause and no Proof but that every Man reported the Bishop was the means to remove him And it is Observable that in King James his Time when the Commission issued out for the demolishing of these very Houses the Work was highly applauded and yet no Care taken for Satisfaction of any Private Mans Interest That now great Care hath been taken and great Sums of Money Expended about it yet I must be a Traytor and no less for doing it This makes me think some Party of Men were heartily angry at the Repair it self though for very Shame it be turned off upon the demolishing of the Houses 3. The next that came in was Tho Wheeler He says that his House was pulled down by the Committee by my Direction above Eleven Years ago And that Word was brought him of it His House was pulled down but himself confesses it was by the Committee It was he says above eleven Years ago and the time limited in that Article is Six Years He says that Word was brought him that I was the Cause or gave the Direction Word was brought him but he Names not by whom nor from whom so all this Proof is a single Hearsay of he knows not whom Whereas I had the Broad-Seal of England for all that was done It was replyed here That for demolishing of these Houses the King's Commission was no full and legal Warrant I should have procured Authority from Parliament I replyed to this Interruption That Houses more remote from the Church of St. Pauls were pulled down by the King's Commission only in K. Ed. 3. time and humbly desired a Salvo might be entered for me till I might bring the †Record which was granted 4. The last Instance for this Charge of St. Pauls was the House of W Wakern who Witnessed that he had a Hundred Pound recompence for his House but then was after Fined in the High-Commission-Court 100 l. for Prophanation of which he paid 30 l. To this I gave this Answer That his Charge is true and that after he had received 100 l. Composition the Cry of the Prophanation brought him into the High-Commission It was thus The Skulls of Dead-Men perhaps better than himself were tumbled out of their Graves into his Draught and part of the Foundation of the
Church as appeared in the taking down of his House was broken or pared away to make room for the uncleanness to pass into the Vault And surely were I to sit again in the High-Commission I should give my Vote to Censure this Prophanation But himself confesses he paid but Thirty Pound of it which was too little for such an Offence And besides my Lords this was the Act of the High-Commission and cannot be charged singly upon me And I cannot forbear to add thus much more That the Bishop and Dean and Chapter whoever they were did ill to give way to these Buildings and to increase their Rents by a Sacrilegious Revenue No Law that I know giving way to Build upon Consecrated Ground as that Church-Yard is But howsoever the present Tenants being not in Dolo I ever thought fit they should have Recompence for their Estates and they had it The next Charge was about the Shops of the Goldsmiths in Cheapside and Lumbard-street An Order was made at the Council-Table Novemb. 12. 1634. That within Six Months the Goldsmiths should provide themselves Shops there and no where else till all those Shops were furnished And this under a Penalty and to give Bond. These two were the ancient Places for Goldsmiths only Time out of Mind And it was thought fit by the Lords for the Beauty of the Place and the Honour of the City to have these Places furnished as they were wont and not to have other Trades mixed among them Beside it concerned all Mens Safety For if any Plate were stoln the enquiry after it might be made with more ease and speed Whereas if the Goldsmiths might dwell here and there and keep their Shops in every by-place of the City stoln Plate might easily be made off and never heard of But howsoever if in this Order there were any thing amiss it was the Order of the Council-Table not mine And far enough off from Treason as I conceive 1. Upon this Charge there were two Instances The first is Mr Bartley who said his House was taken from him by Order to the Lord Mayor 1637. That my Hand was to the Order That he was Imprisoned Six Months and recovered 600. l. Damages of Sir Ed. Bromfield That after this he was Committed to Flamsted a Messenger belonging to the High Commission about Dr. Bastwick's and Mr. Burton's Books That after this he was sent for to the Council and there heard my Voice only That when he desired some help Sir Tho. Ailsbury's Man told him he were as good take a Bear by the Tooth That all this was for his entertaining a Man that came out of Scotland and lastly That Dr. Haywood my Chaplain had Licensed a Popish Book To which I gave this Answer That if the Lord Mayor put him from his house by Order from the Lords being a Stationer among the Goldsmiths then it was not done by me And though my Hand were to the Order yet not mine alone and I hope my Hand there subscribed no more Treason than other Lords Hands did And if he did recover 600 l. against Sir Ed. Bromfield who I think was the Lord Mayor spoken of surely he was a Gainer by the Business And whereas he says he was after seized again and Committed to Flamsted about the Books Named If he were as was informed a great Vender of those and such like Books less could not be done to him than to call him to Answer He says farther that he was sent for to the Council-Table and there he heard my Voice only against him It may be so and without all fault of mine For that heavy Office was usually put upon me and the Lord Keeper to deliver the Sense of the Board to such as were called thither and Examined there And by this Means if any sour or displeasing Sentence passed how just soever it mattered not it was taken as our own and the Envy of it fell on us And that this was so many Lords here present know well He adds what Sir Thomas Ailsbury's Man said when he would have Petitioned again But since Mr. Bartley is single here and in his own Cause why doth he rest upon a Hearsay of Sir Thomas Ailsbury's Man Why was not this Man Examined to make out the Proof And if this Man did so far abuse me as to speak such Words of me shall I be Abused first and then have that Abuse made a Charge That he was troubled thus for a Scotchman's coming to him is nothing so nor is any Proof offered Though then the Troubles were begun in Scotland and therefore if this had any relation to that Business I pleaded again the Act of Oblivion For that of Dr. Haywood I shall give my Answer in a more proper Place for 't is objected again 2. The second Instance was in Mr Manning's Case He speaks also of the Order of the Council Novemb. 12. 1634. That the Goldsmiths in their Book make an Order upon it June 15. 1635. That they which obey not should be suspended I think 't is meant from use of their Trade That when some intreated them to Obedience I should say This Board is not so Weak but that it can Command or to that effect For the Council's Order it was theirs not mine For the Order which the Company of Goldsmiths made upon it It was their own Act I had nothing to do with it For the Words If I did speak them which is more than I remember he is single that Swears them and in his own Cause But my Lords I must needs say whether I spake it then or not most true it is that the Council-Table is very weak indeed if it cannot Command in things of Decency and for Safety of the Subject and where there is no Law to the contrary And this was then my Answer The Third Charge of this Day was That I forced Men to lend Money to the Church of St Pauls And Mrs Moore was called upon But this was deserted The next Charge was concerning a long and tedious Suit between Rich and Poole about the Parsonage of North-Cerny in Glocestershire That Rich was turned out after three Years Possession by a Reference procured by Poole to the Lord Keeper Coventry and my self And that I did in a manner Act the whole Business at the Reference That Letters were sent from the Council to Sir William Masters one of the Patrons to see Poole Instituted and to Imprison Rich if he refused Obedience That after by the Lord Marshal's procurement there was another Reference obtained to thirteen Lords who awarded for Rich. I was never more weary of any Business in my Life than I was of this Reference And I was so far from Acting the whole Business as that I did nothing but as the Lord Keeper directed the Cause was so entangled with Quare Impedits and many other Businesses of Law Our Judgments upon full Hearing went with Poole and we certified accordingly And upon this it may
be the Letters mentioned were sent down for Poole And if the Lord Keeper that now is then his Majesty's Solicitor could not or durst not meddle but gave back his Fee as was farther urged his Lordship is living to tell the Cause himself for here was none set down though it were urged as if he did it because I was a Referree And in the mean time this is but a bare Report concerning him If the thirteen Lords to whom it was after referred were of another Opinion that was nothing to us who without any touch of Corruption did as our Knowledge and Conscience guided us And my Lords it seems this Title was very doubtful for after all this it came into this Parliament was referred to a Committee where Mr. Rich was very willing to compound the Business And well he might for I was since certified by a Gentleman a Lawyer that understood well and was at the Hearing of that Cause that it was one of the foulest Causes on Rich's side that ever he heard And out of this I took the Summ of my Answer which I gave to Mr. Browne when he Summed up my Charge The Witnesses to this Charge were Mr. Rich his Brother and my good Friend Mr. Talboys But this latter witnesses nothing but that he heard me say that Poole's Behaviour was unfit so there I checked the one Party And that upon some words given me by Rich I should say do you throw dirt in my face And why might I not ask this Question if his words deserved it So upon the Matter here is Rich single in his Brother's Case and nothing throughout that looks like Treason Here I had a snap given me that I slighted the Evidence whereas they as 't was said did not urge these Particulars as Treason but as things tending to the violation of Law and should be found to make Treason in the Result The Truth is I did then think within my self that such Evidence might very well be slighted in an Accusation of Treason But I thought better to forbear and so in my continued patience expected the next Charge Which was Mr Foxlie's Imprisonment about Popish Books That he was tender'd the Oath ex Officio then brought before the Council and imprisoned again by a Warrant under my Hand and others and my Hand first to the Warrant his Wife not suffer'd to come to him till he was sick that the chief Cause of all this was the Impropriations because he desired to Name the Men for the Feoffment My Lords This Man confesses he was called in question about Popish-Books but expressing no more I cannot tell what to make of it nor can I tell how to Accuse him of Popish Books For I cannot tell which is least his Understanding of them or his Love to them And for tendring him the Oath ex Officio that was the usual proceeding in that Court When he was brought before the Lords of the Council he says the Warrant for his Imprisonment was under my Hand and others This was according to course So the Commitment of him was by the Lords not by me But my Hand was first so was it in all things else to which I was to set it And the restraint of his Wife from coming to him was by the same Order of the Lords And upon her Petition when her Husband was sick both of them confess she had admittance But whereas he says The chief Cause of his Commitment was the Feoffment he is much mistaken Himself says before it was about Popish Books This I am sure of the Feoffment was not so much as mentioned against him Though he freely confesses that he got twelve Men to undertake that Feoffment which was a great deal more power than he could take to himself by Law And his Wife speaks not one word to the Cause of his Imprisonment So he is single and in his own Cause and no Treason unless it be against Mr. Foxlye The next Charge of this day was Mr Vassall's Imprisonment And to save Repetition I shall weave all the circumstances of Aggravation and my Answer together First he is single in all both Substance and Circumstance Secondly he says that he conceives I was the cause of his Imprisonment But his Conceit is no proof He says again that I said at the Council-Table whither he was called Why sit we here if we be not able to Judge It may be my Lords I said so I remember not now but if I did say so it was of such things only as were fit and proper for that Honourable Board to judge of Then he Charged me that I should there say That he did eat the Bread out of the King's Childrens Mouths and that if he were in another Country he would be Hang'd for it I doubt this Gentleman has borrowed some of Sir Hen. Vane's Memory But I remember no such thing Yet if I did say it it was no Treason For if I did say he might be Hang'd for the like in some other Country it was because the Laws and Customs of other Countries and this of ours differ in many things So that by this Speech he was to thank the Law of the Land for his preservation notwithstanding his opposition against Majesty which where the Laws were not so favourable to the Subject would not be indured He says He was fain to deposite 300 l. into the Hand of Sir Abra. Dawes and that it was taken out the next day But he says withal it was done by a Decree at the Council-Board and I hope I shall not be held Author of all Decrees which passed there He says that I called him Sirrah A high Crime if I did so High Treason at least But sure this Gentleman's Spleen swell'd up Sir into Sirrah For that is no Language of mine to meaner Men than Mr. Vassal is The main of this Charge is Words and those if utter'd hasty not Treasonable And as M. Lepidus spake in the Case of C. Lutorius Priscus Vana à scelestis dicta à maleficiis differunt vain things differ from wicked and words from malicious deeds and let any Man else be sifted as I have been for all the time I have been a Bishop which is now upon the point of Twenty and three Years and I doubt not but as high Words as these will be heard fallen from him upon less occasion and of greater Personages than Mr. Vassal is Besides Mr. Vassal at the end of his Testimony desired the Lords he might have Reparation which altogether in Law infirms that which he Testified After this followed a Charge about a Grant passed from his Majesty to one Mr. Smith The difference was between Mrs. Burrill and him As far as I can recall it was thus The King had made a Grant to Mr. Burrill in his Life time of a Wharf or something else belonging to the Thames Mr. Smith conceals this and gets a Grant from his Majesty over the Head of the
Widow and her Children And as himself confesses His Majesty being informed that Mrs. Burrill was Sister to the Reverend Prelate Bishop Andrews being then dead should say that he would not have granted it to Mr. Smith had he known so much This was an Honourable Memory of his faithful Servant her Worthy Brother But whatsoever was done in this business was by Order of the Council-Board and not by me As was also the 250 l. which he says was paid in to Sir William Beecher by way of deposite as I conceive In which if he had any hard Measure the Law was open for his Right And in the whole business he is single and in his own Cause The next Charge was Sir Jo Corbett's which because it is expressed at large in the Article before recited I shall not here repeat but apply the Answer to it which I then gave Sir John says he was sent for about Reading the Petition of Right at a Sessions in the Country and that the Earl of Bridgwater should say he was disaffected to the King This concerns not me in any thing He says That for this he was Committed lay long in the Fleet and was denied Bail But he says it was denyed by the whole Board So by his own Confession this was the Act of the Council not mine And this Answer I gave to Mr. Browne when he put this part of the Charge into his Summ. In his Cause with Sir John Stonehouse about a Waste I cannot recal the Particulars But what-ever was done therein himself confesses was by Order at the Council-Table and His Majesty present April 18. 1638. For the I le built by the Lord Viscount Kilmurrye the Grant which I made was no more than is ordinary in all such Cases And 't is expressed in the Body of the Grant Quantum in nobis est de Jure possumus so there is nothing at all done to the prejudice of Sir John's Inheritance For if we cannot Grant it by Law then the Grant is voided by its own words And that the Grant was such and no other I shew'd the Deeds ready Attested out of the Office Besides had I wronged him there was an ordinary Remedy open by Appeal to the Delegates And this was well known to him for he did so Appeal from a like Grant against him by the now Lord Bishop of Duresme then of Lichfield and Sir John's Diocesan And whereas 't is alledged That I made this Grant without the consent of him the Patron or the then Incumbent Sir John acknowledges like a Gentleman that I sent unto him for his consent if it might have been had And this I foresaw also that if I had denyed the Lord Viscount that which was not unusual then the Complaint would have fallen more heavy on the other side that I made Persons of Quality in a manner Recusants by denying them that conveniency which was in my power to grant So I must be faulty whatever I do Then the business of the Tythes of London was raised up in Judgment against me And it was Read out of my Diary that I projected to give the Ministers assistance therein I had been much to blame having been Bishop of London should I have had other thoughts For their Case is very hard all their Offerings being shrunk a way into nothing but a poor Easter-Book The Ministers of London had often petitioned about some Relief long before my time And I did then and do still think it most just they should have it For they are now under the Taskmakers of AEgypt the Tale of Brick must be made they must Preach twice a Sunday get Straw where they can And yet I never thought of any thing contrary to Law had all been done which I desired For that was no more than that the Citizens would voluntarily yield to some reasonable addition where Right and Need appeared And this I am sure nor did nor could cross with the Act of Parliament concerning the Tythes of London And Mr. Moss who is their only Witness in this particular says no more against me but that I pressed this business much and often Which is most true I did and held it my Duty so to do but still in the way before mentioned After this came the great Charge as it was accounted concerning the Censure of Mr Pryn and Burton and Bastwick in the Star-Chamber and their Banishment as 't is called upon it The Witnesses produced in some Circumstances of that Cause were Mr Cockshott Tho Edwards William Wickens Mr Burton Mrs Bastwicke and Mr Pryn himself The Censure is known and urged to be against Law But so far as any Particular is put upon me my Answer is present to it 1. And first for Mr Cockshott he says Mr. Attorney Bancks sent him being then his Servant to give me an Account of that Business Hence 't is inferred That I took care of it This might have had some shew of Proof if I had sent to Mr. Attorney to give me an account of it But there 's no word of any such Proof And yet considering what relation their Cause had to the Church if I had sent and desired some Account of the Proceedings I humbly conceive my Place in the Church considered it could have been no great Crime 2. Then were Read certain Warrants One Febr. 1. 1632. for Commitment another of Febr. 2. 1636. to bar access to them These were Acts of the Lords sitting in Star-Chamber not mine Then was Read a third Order after Sentence given of May 13. 1634. for the seizing of his Books But this as the former was an Act of the Court not mine And 't is expressed in the Order as the Charge it self lays it down for the disposal of the Books according to Law Then the Warrant of their Commitment to the Islands Aug. 27. 1637. This Commitment was no Device of mine nor did I ever hear of it till it was spoken by others in the Star-Chamber Nor do any one of these Warrants prove any thing that can be call'd my Act And I humbly conceive that I ought not by Law nor can by Usage of Parliamentary-Proceedings be charged single for those things which were done in Publick Courts The last Order was November 12. 1637. about the Aldermen of Coventry and the Quo Warranto resolved upon against the Charter of that City only for supposed Favours shew'd to Mr. Pryn in his passage that way First 't is confessed in the Charge that this was an Act of the Lords Secondly that it was made at a full Board Thirdly 't is not urged that any one Man disliked it Fourthly the Complaint which caused it was that both Aldermen and their Wives and other Citizens were not content to shew Mr. Pryn kindness but they both did and spake that which was disgraceful to the Star-Chamber-Sentence But howsoever there is no Particular in that Order that is or can be Charged upon me 3. This for
the Warrants The next Witness concerning this Charge was Tho. Edwards He says That three Hampers of Mr. Pryn's Books were taken out of his House whither it seems they were conveyed for Safety and no Warrant shewed to take them The weaker Man he to let his Friends Books go so But this Witness hath not one Word of me 4. The next Witness was William Wickens he says he knew of no Warrant neither but that License was given by the Sheriffs about Six Years since Here 's never a Word concerning me nor am I to Answer for the Sheriffs Act. And whereas it is an Aggravation in the Charge That all Mr. Pryn's Books were sold Tho. Edwards says there were but Three Hampers of them and this Witness says he bought them for Two and Thirty Pounds And these neither by Number nor Price could be half of Mr. Pryn's Books if I have heard Truth of his Library 5. After this Man's Testimony comes Mr. Pryn himself in his own Cause He made a long relation of the Business and full of Bitterness against me This I doubt not was purposely done to represent me as Odious as he could to the Lords and the Hearers But I shall assume nothing to my self that was done by Order of the Court of Star-Chamber Whatsoever was done there by Common Consent was their Act not mine and if any Treason be in it they are as guilty as I for Treason admits no Accessories Nor will I meddle with the Language God forgive him that and what ever else he hath done against me Only I shall answer to all such particulars of his as seem to touch upon my self 1 First then he says he brought a Prohibition An. 1629. and that was the Ground of my Hatred against him For Prohibitions I shall Answer when they are Charged But as I remember not this so I bare him no Hatred and bearing him none it could not be for that Cause Nor doth he so much as offer to prove it was 2 Next he says I gave Direction to Mr. Attorney Noy and that Dr. Heylin drew some Informations for him Dr. Heylin was well acquainted with Mr. Attorney but how long or upon what grounds I know not Nor did I give Mr. Attorney any direction What Dr. Heylin did if he did any thing is nothing to me unless I set him on which is not Proved nor Sworn 3 He farther says That Mr. Attorney read his Book twice over and said that he found nothing amiss in it I know not what Mr. Attorney said to him nor what he may say of Mr. Attorney now he is dead This I am sure of and 't is well known to some of your Lordships he said far otherwise in open Court 4 He says That his Book was Licensed to the Press and after that seized and that the Messenger told him it was done by me This was done by Warrant of the High Commission not by me Nor doth he offer any Proof against me but that the Messenger told him so which is a bare Hearsay and no Proof 5 Then he says That there was another Order given about his Business and that I did it But he brings no Proof for this but that Mr. Ingram the then Keeper of the Fleet told him so But this is as bare a Hearsay as the former and Mr. Ingram not produced to make out the Proof 6 Then he says He writ me a Letter and that I sent it to Mr. Attorney to have him yet farther proceeded against 'T is true my Lords he did Write unto me but whether it were a Letter or a Libel I leave other Men to Judge This Letter I did send to Mr. Attorney but only to let him see how I was used not to have any farther proceeding against him But Mr. Attorny was so moved at the sight of it that when he saw me next he told me he would call him Ore tenus for it Therefore it seems somewhat was very much amiss in it call the Writing what you will 7 He says Mr. Attorney thought he had not kept the Letter but he was deceived for he had it But how was Mr. Attorney deceived I 'le tell your Lordships what himself told me When Mr. Attorney saw that I would not agree to any farther Prosecution he sent for Mr. Pryn shewed him the Letter and thought after he had Read it to give him some good Counsel to desist from that Libelling Humour of his But Mr. Pryn after he had got the Letter into his Hands went to the Window as if he meant to read it and while Mr. Attorney was otherwise busied he tare it into small Pieces and threw it out at the Window and then said unto him This shall never rise in Judgment against me Now he confesses he hath the Letter still and that Mr. Attorney was deceived Belike he tare some other Paper for it and put the Letter in his Pocket But that you may see the Honesty of this Man and what Conscience he makes of that which he speaks upon his Oath Here he says he had the Letter still and that Mr. Attorney was deceived And yet after this when he sets out his Breviate of my Life he confesses in an unsavoury Marginal Note That he Tare it Mr. Attorney having need of such a Paper And for this Breviate of his if God lend me Life and Strength to end this first I shall discover to the World the Base and Malicious Slanders with which it is fraught 8 He went on and said There was an Order made against him when Term was done so that he could have no Remedy This is directly against the Court and their Order not against me 9 Then he cites out of the Epistle before my Speech in the Star-Chamber that I Censured him for having his Hand in the Pamphlets of those times and yet was doubtful of it The Words are For I doubt his Pen is in all the Pamphlets But first 't is acknowledged I gave no Vote at all in his Censure And if I did not Judicially Censure him then sure I was not doubtful and yet Censured Secondly he was Censured upon his own Pamphlet And his Hand was certainly in his own what doubt soever I might make of it's being in theirs And Thirdly if the Words be extended to their Pamphlets also that 's nothing to prove I doubted of the Justness of the Sentence For the Words are not I doubt his Pen is in all those Pamphlets of Mr. Burton and Dr. Bastwick but in all the Pamphlets whether their Libels or any others so I might be doubtful of the one and yet certain enough of the other 10 And whereas he adds That he was joyntly Charged with Dr. Bastwick and Mr. Burton yet could not be suffered to speak together for a joynt Answer and that his Cross Bill was refused All this was done by the Court of Star-Chamber not by me And your Lordships know well the Lord Keeper managed the Affairs of that Court not
I. 11 Then he says That at last Mr. Holt came to him but was threatned that very Afternoon for it But he doth not tell your Lordships by whom and for my part more than civil giving him the time of the Day I never spake with him in all my Life 12 He tells your Lordships next how he passed through Coventry to which I have spoken already and how through Chester and how some Chester men were used concerning him and his entertainment But my Lords whatsoever was done in this was by the High-Commission at York and if any thing be therein amiss they must answer that did it 13 Lastly he spake of sending Sir William Balfore to me and some other like Particulars Of all which there is no Proof but a bare Relation what Mr. Hungerford Mr. Ingram and Sir William Balfore said which is all Hearsay and makes no Evidence unless they were present to Witness what is said And here give me leave to observe that Mr. Pryn hath in this Charge woven together all that he cou'd say concerning both Causes for which he was Censured For in the third Particular he speaks of his Book for which he was first Censured and in the Ninth and Tenth of his Cross-Bill and the like which were in his second Cause 6. The sixth Witness was Mr. Burton a Party too For that which he said agreeable to Mr. Pryn it received the same Answer And he added nothing new but that his Wife was kept from him by Warrant from the Lords And if it was by the Lords Order then was it not by me And when it was replyed that till he was Sentenced to Garnsey his Wife had access to him Mr. Burton answered Yea but my Lords she was not suffered to be with me at Nights At which the Lords fell a Laughing and there ended his Charge 7. The last Witness was Mrs. Bastwick And she also said nothing different from Mr. Pryn but that she was kept from her Husband and that she Petitioned the Lords about it But of me in particular not one Word And though Mr. Brown in his last Reply upon me said The Time of these Mens Censure was the noted Time of the Oppression of the Subjects Liberty yet I shall crave leave to say of these Men as S. Augustin once said of two great Donatists in his time who it seems had received some Sentence and afterwards a return not altogether unlike these Men They were Felicianus and Pretextatus of those thus S. Augustin If these Men were Innocent why were they so Condemned And if they were Guilty why were they with such Honour returned and received This applies it self And here I am willing to put the Reader in Mind too that Mr. Brown drawing up an exact Summ of my Charge and pressing it hard against me to my Remembrance and I think my Notes could not have slipped it passed by this Charge concerning Mr. Pryn and I cannot but think he had some Reason for it This tedious Charge being over the World ran round and I was brought back again to another Charge about demolishing the Houses at St Pauls and here three Witnesses more came against me 1. The first was Mr. Bently He said there were above Sixty Houses pulled down I Answered I know not the number but if there were so many the Recompence given was sufficient for more He said farther That there was Twenty Yards between the Church and some of the Houses There were very few if any such let him look to his Oath but then some were close upon the Wall of the Church And suppose all had been Twenty Yards distant that was not room enough to bring in and Lodge Materials for the Repair and to turn the Carriages And here again I made mention of my Salvo before desired for the Record of Ed. 3. touching the like Buildings and their Demolition 2. The second Witness was Mr. Goare For the Sixty Houses as was before testified I gave the same Answer as also that the Act of the Council-Table cannot be said to be my Act. For St. Gregory's Church they were not left without a Place for Divine Service as he would fain have it thought For they were assigned to a part of Christ-Church till another Church might be built for them And for the pulling down of St. Gregory's 't is well known to divers of that Parish that I was not so much as one of the Referees to whose view and consideration it was referred But the Truth is this Man Rented the Parsonage-House and had a good Penniworth of it to gain by his Under-Tenant The going down of that House troubles him and not the Church 3. The Third Witness Walter Biggs says nothing different from the two former but that I said I was opposed for the pulling down of the Houses Whence it was inferred that it was my Act because I was opposed But my Lords I hope I might say I was Opposed without any Offence or without taking the Order of the Council-Table to my self For 't is well known the Work of that Repair under God was mine and I took no indirect no oppressing Way to it nor can I now be ashamed of that which in future times in despight of the present Malice will be my Honour So that the Care of the Work lying upon me I might well say I was opposed though the Opposition went higher against the Orders of the Lords The last Charge of this Day was about the putting down of two Brewers in Westminster because the Excessive and Noysom Smoak from thence much annoyed the King's House Gardens and Park at St. James These two were Mr Bond and Mr Arnold 1. For Mr. Bond he begins with somewhat that I should say at the Council-Table As Namely that he must Seal a Bond of two Thousand Pounds to Brew no more with Sea-Coal Now this argues if I did so speak that it was in delivering to him the Sense of the Board which Office as I have before expressed and is well known was usually put upon me if I were present And your Lordships may here again see what Envy hath followed me upon that which I could not decline He says farther that upon this Mr. Attorney Banks proceeded against him in the Exchequer That there upon some occasion the Lord Chief Baron should say ye are wise Witnesses for the King That his Councel were forbid to Plead and so a Verdict passed for the King All this is nothing to me I was neither Chief Baron nor Witness nor one of the Jury that gave the Verdict He says he was informed that there was an Order of Council made that no Man should put up a Petition for him But himself doth not so much as mention that this Order was procured by me And it is but a Report that no Petition might be delivered for him and none of them that told him so produced for proof So he scandalizes the Lords by Hearsay Next he says
that the King graciously sent him with a Reference to the Council for satisfaction First I must believe if he were so sent the Wrong being only the Kings and he willing he should have satisfaction however for his Loss that the Lords would never refuse in such a Case whatsoever is here said to the contrary Secondly it may be observed how Gracious the King was to the Subject that though the Annoyance was great to that House of his Recreation and retiring near the City yet he would not have Mr. Bond suffer without satisfaction Notwithstanding which Goodness of the King he comes into this great Court and so he may have a Blow at me blasts as much in him lies all the King's Proceedings under the Name of Oppression and that in a high degree He says also That a Friend of his perswaded him to come to me and offer me somewhat to St. Pauls and that he did come to me accordingly and that I said I must have of him a Thousand Pounds to St. Pauls That he was not unwilling to give it because his Brewing was worth twice as much to him My Lords I humbly desire your Lordships to consider this part of the Charge well First what Friend of his this was that came so to him he says not nor do I know and so have no possibility to Examine Secondly he says not that I sent this Friend of his to him thus to advise him and then his coming no way concerns me Thirdly when he was come upon this Friend's perswasion if he were willing to give a Thousand Pounds to St. Pauls in regard of his double gain from his Brew-House as himself confesses I do not see under Favour what Crime or Oppression is in it Lastly I remember none of this and let him well weigh his Oath with himself For I cannot call to mind one Penny that he gave to St. Pauls Nor yet shall I ever think it a Sin to take a Thousand Pounds to such a work from any Rich and Able Man that shall voluntarily offer it especially upon hope of gaining twice as much To make this Charge the heavier He says I sent him to the Queen-Mother who lay then at St. James's and that there he was laboured by some about her to change his Religion and then he should have all Favour This is a bold Oath let him look to it for I sent him not It may be I might tell him that if the Queen Mother were offended with the Annoyance from his House it would not be in my power to help him which was true And that about his Religion was added to make your Lordships think that I sent him thither for that purpose But God be thanked this Witness says not any one word tending that way And for the Queen Mother since she is thus mentioned I shall crave leave to say two things The one that I did both in open Council and privately oppose her coming into England with all the strength I had though little to my own ease as I after found The other that after she was come the Lords of the Council went in a Body to do their Duty to her That time I could not but go but never either before or after was I with her Then he concludes that there was a Capias out for him and that he was fain to make an Escape by Night which he did to Alderman Pennington who very Nobly Succoured him privately in his House All which concerns me nothing 2. The other Witness is Mr. Arnold who told as long a Tale as this to as little purpose He speaks of three Brew-Houses in Westminster all to be put down or not brew with Sea-Coal That Secretary Windebanck gave the Order Thus far it concerns not me He added that I told him they burnt Sea-Coal I said indeed I was informed they did and that I hope was no Offence He says that upon Sir John Banks his new Information four Lords were appointed to view the Brew-Houses and what they burnt But I was none of the four nor did I make any Report for or against He says Mr. Attorney Banks came one day over to him and told him that his House annoyed Lambeth and that I sent him over The Truth is this Mr. Attorney came one-day over to Dine with me at Lambeth and walking in the Garden before Dinner we were very sufficiently annoyed from a Brew-House the Wind bringing over so much Smoak as made us leave the place Upon this Mr. Attorney asked me why I would not shew my self more against those Brew-Houses being more annoyed by them than any other I replyed I would never be a means to undo any Man or put him from his Trade to free my self from Smoak And this Witness doth after confess that I said the same words to himself Mr. Attorney at our parting said he would call in at the Brew-House I left him to do as he pleased but sent him not And I humbly desire Mr. Attorney may be Examined of the Truth of this He farther says that he came over to me to Lambeth and confesses the words before mentioned and that he offer'd me Ten Pound Yearly to St. Pauls and that I said he might give Twenty He says that I sent him to Mr. Attorney but withal told him that if he found not such favour as I wished him it was a sign he had more powerful Adversaries than my Friendship could take off In all this I cannot see what Fault I have committed And I foretold him Truth For though the Business were after referred to Mr. Attorney and my self as himself says yet we were not able to end it Then he says I would not suffer Sir Edw. Powell Master of the Requests to deliver his Petition to the King But first this is but Sir Edw. Powell's Report and so no Proof unless he were produced to justifie it Secondly the World knows I had no power in Sir Edward He would then willingly have delivered Petition or any thing else that he thought might hurt me And the Cause is known Lastly He says Mr. Attorney sent out a Capias for him that the Sheriff came by force to take him and what hard shift he made to escape That after upon his Petition the Lords gave him six Months time to provide himself elsewhere and that he was fain to give Five-Hundred-Pound-Bond not to Brew there To all this I then said and say still First here 's no one thing Charged upon me in particular Secondly here 's not a word of my Advice or Endeavour to set on Mr. Attorney or to move the Lords to any thing against him And whereas it hath been urged that my Power was such that I sway'd the Lords to go my way This cannot be said without laying an Imputation upon the Lords as if they could so easily be over-wrought by any one Man and that against Law which is a most unworthy Aspersion upon Men of Honour And if all this were true it
he is a Juror And according to this I gave Mr. Browne my Answer And howsoever the Attachment goes of Course out from the Commission and not from me The second Charge of this Day was about the Censure which fell on the Inhabitants of Beckington in Sommersetshire about their refusing to remove the Communion-Table according to the Order of their Diocesan About which were produced three Witnesses to whose Evidence I shall Answer in order 1. The first was William Longe who says he was Foreman of the Jury when these Men were Indicted for a Riot and that as he conceives the Parson spake with the Judge about it which caused a sudden Verdict The Parson of the Place spake with the Judge and he conceives that produced a sudden Verdict First he doth but conceive so and that can make no Proof If it did make Proof 't is only against the Parson not against me And if the Parson speaking of it did say as Mr. Longe affirms he did That this Riot was like a Waldensian or Swisserland Commotion He must answer for his own Distempered Language me it cannot concern 2. The second Witness was George Longe He says The Bishop of Bath Commanded the Communion-Table to be removed and set at the upper end of the Chancel that the Church-Wardens refusing were Excommunicated But he says withal that they Appealed to the Arches and had remedy Then he adds farther that the Bishop proceeded again but the Church-Wardens would not remove it saying it was an Innovation and against Law But my Lords 't is neither And therefore these Church-Wardens were in a great Contempt against their Bishop to the ill Example of all that Country And that it is no Innovation against Law appears by the Injunctions of Queen Elizabeth where it is Commanded Expresly to be set there The Words are The Holy Table in every Church not Cathedrals only shall be decently made and set in the place where the Altar stood Now all Men know that with us in England the Altar stood North and South at the upper end of the Chancel And to set it East and West had been cross the place where the Altar stood and not in it And this being Law in the beginning of the Reformation cannot now be an Innovation When they came to me again as they say they did if I then told them they deserved to be laid by the Heels for the Contempt of their Bishop under Favour my Lords I spake Truth And give me leave I beseech you to tell you this It began to be a General Complaint not of the Bishop of Bath only but of other Bishops also that they could do little or no Service in their several Countries by reason of the Inhibitions which issued out of my Courts to stay their Proceedings And I wanted no good Friends in Court to tell the King as much when any thing was complained of By this I was brought into great straights Deny Appeals I might not Frequent granting in my Courts destroyed in a manner the Bishops Jurisdictions In this difficulty seeing the wilfulness of these Men and knowing they had received full benefit by their Appeal once already in the same Case I did refuse to hear any more of it unless there were new Matter but yet left them free to Appeal to the Delegats For Mr. Hughes the Parson there if he gave ill Words or laid violent Hands on any of his Neighbours it concerns not me Let him answer for what he hath said or done 'T is farther said That Mr. Hughes was with me at Windsor and had Letters from me to the Lord Chief Justice Finch But this Witness delivers not this upon his own knowledge I sent no Letter by him nor did he see me send by any other So this is meerly a Report and he doth not so much as tell from whom Yea but then he says that Mr. Morgan a Man inward with the Judge told him that the Judge told him that the little Man had put a spoke in their Cart and thereupon as he conceives the Petty-Jury was Changed Here are if your Lordships mark them two great Proofs The one is the Witnesses Report of Mr. Morgan's Report that the Judge had said so of me But why is not Mr. Morgan produced to clear this The other is not the Knowledge but the Conceit only of the Witness He conceives which I am Confident cannot sway with your Lordships for a Proof Besides were Mr. Morgan never so inward with that Judge yet it follows not that he must know all And if that Judge did mean me for Name me he did not he did me the more wrong For I never desired any thing of any Judge him or other but what was according to Law Nay I so expressed my self as that if by mistake or misinformation I had desired any thing which was not according to Law I humbly desired my Motion might be as if it had never been made 3. The third Witness is Mr. Jo. Ash. That which this Gentleman says is That Sir John Lambe told that the Man which came about that Business could have no Appeal admitted without me and that if he would be so troublesome he should be laid by the Heels I have given your Lordships an Account why he could not have an Appeal without me He had had the benefit of an Appeal before in the same Cause And for this Witness he delivers no knowledge of his own but only he says the Man imployed related it to him So 't is a Relation no Proof He says the Penance was injoyned them in three Churches And truly my Lords their Disobedience to their Bishop was great but if the Penance injoyned were too heavy it was the Act of their own Bishop not mine Then he says that the Lord Finch told him another powerful Hand was upon him intimating me First this is no knowledge of the Witness but a Speech of the Lord Finch Secondly if the Lord Finch did say so of a powerful Hand he wronged me much but himself more to confess he could be drawn awry in Judgment Thirdly this Witness says not that he named me but that he Intimated me I pray your Lordships Judgment what a forward Witness this Man is that can upon Oath deliver what is Intimated and of whom He says farther That upon Petition to Sir William Portman for some Assistance the Bishop of Bath laid all upon me and that when himself came to me at the Tower since my Restraint I told him the Bishop of Bath did like an Obedient Bishop to his Metropolitan For this my Lords here is no Proof that the Bishop laid this Business upon me but Sir William Portman's Report Sir William is a worthy Gentleman why is not he produced Why is not the Bishop that is said to lay all upon me brought into the Court that he may clear himself and me if he said it not or that I may make him ashamed if he said it For 't is
confessed that in the first Business the Church-Wardens had Remedy by their Appeal to me but that then the Bishop began again as the former Witness declared Nor knew I any thing of this Business till the Appeal came As for my Answer to himself that under Favour is quite mistaken For I did not say That in this Particular but that in his General Proceedings in his Diocess the Bishop of Bath carried himself like an Obedient Bishop to his Metropolitan Nor can my Words be drawn to mean this Particular For how could I say that in this Particular he carried himself like an Obedient Bishop to me when after Remedy given to these Men by their first Appeal into my Court he began with them again upon the same Cause Besides my Lords this is not the first time Mr. Ash hath mistaken me Mr. Browne in summing up this Charge against me falls twice very heavily upon this Business of Beckington First for the point of Religion And there he Quoted a passage out of my Speech in the Star-Chamber where I do reserve the indifferency of the standing of the Communion-Table either way and yet saith he they were thus heavily Sentenced for that which I my self hold indifferent But first this Sentence was laid upon them by their own Bishop not by me Secondly the more indifferent the thing was the greater was their Contumacy to disobey their Ordinary And had it not been a thing so indifferent and without danger of advancing Popery would Queen Elizabeth who banished Popery out of the Kingdom have endured it in her own Chappel all her time Thirdly the heaviness of the Sentence so much complained of was but to confess their Contumacy in three Churches of the Diocess to Example other Men's Obedience Secondly for the same Point as it contained Matter against Law I answered Mr. Browne as I had before answered the Lords The third Charge was about certain Houses given to S. Edmunds Lumbard-street where old Mr. Pagett is Parson The Witnesses are Two 1. The first is Mr. Symms who says that after a Verdict Mr. Pagett the Incumbent upon a pretenc that these Tenements were Church-Land got a Reference to the Lord Bishop of London then Lord Treasurer and my self My Lords we procured not the Reference But when it was brought to us under the King's Hand we could not refuse to sit upon it Upon full Hearing we were satisfied that the Cause was not rightly stated and therefore we referred them to the Law again for another Tryal and for Costs to the Barons of that Court. And this was the Answer which I gave to Mr. Browne when he instanced in this Case He says the Houses were given to Superstitious Vses But Possessions are not to be carried away for saying so If Men may get Land from others by saying it was given to Superstitious Uses they may get an easie Purchase And Mr. Symms is here in his own Case But whether the Houses were given to Superstitious Uses or not is the thing to be tryed in Law and not to be Pleaded to us He complains that I would not hear his Petition alone And surely my Lords I had no reason since it was referred to another with me And yet I see though I was not in the Reference alone nor would hear it alone yet I must be alone in the Treason And here I desired that Mr. Pagett the Incumbent might be heard 2. The other Witness was Mr. Barnard He says he was present at the Hearing and that Mr. Symms said he was undone if he must go to a new Tryal But my Lords so many Men say that by their troublesomness in Law-Suits go about to undo others He says that Mr. Pagett named his own Referees If that be so 't is no fault of mine He says the Reference was made to us only to Certifie not to make any Order in it If this be so here 's no Proof so much as offer'd that we did not Certifie as we were required and then had Power given to order it which we did And he confesses the Councel on both sides had full Hearing before ought was done The Fourth Charge of this Day was concerning the Imprisonment of one Grafton an Upholster in London The Witnesses Three Of which 1. The first is Grafton in his own Cause and 't is much if he cannot tell a plausible Tale for himself He says first That twelve Years ago he was Committed and Fined Fifty Pounds by other Commissioners By others my Lords therefore not by me And an Act of the High Commission by his own Words it appears to be He says He was continued in Prison by my procurement as he verily believes First as he verily believes is no Proof And the ground of his Belief is as weak For he gives no reason of it but this That Dr. Ryves the King's Advocate spake with the Barons But he doth not say about what or from whom He adds farther that Mr. Ingram Keeper of the Fleet would not give way to his Release notwithstanding the Barons Orders till he heard from me Here 's no Man produced that heard Mr. Ingram say so Nor is Mr. Ingram himself brought to Testifie Lastly he says that he then made Means in Court and so repaired to the Barons again but all in vain And that Baron Trevor cryed out O the Bishop O the Bishop First here 's a Confession of Means in Court made to the Judges So belike they may have Means made to them so it be not by me For the Particular I did humbly desire the Baron being then present might be asked He was asked he blushed and fumbled the Lords laughed and I could not hear what he said 2. The second Witness was Mr. Lenthall But he said nothing but that there was an Order for Grafton's Liberty which is not denied 3. The third was Mr Rivett He says that Mr. Ingram said that Grafton was a Brownist and must be brought into the Fleet again because he did much hurt among the King's Subjects This is a bare Report of a Speech of Mr. Ingram it no way concerns me And a Separatist he is from the Church of England but whether a Brownist or no I cannot tell there are so many Sects God help us And much harm he hath done among weak People For most true it is which S. Cyril observes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That the Devil prepares these Schismatical Separations that so much the more easily the Enemy may be received As for this Man he was in his way cunning enough for under pretence that he suffer'd by me he got Madam Vantlett and other of the French to Negotiate with the Queens Majesty in his behalf And this I found that sometimes when her Majesty knew not of it they sent to the Barons for Favour for him And yet I never heard that Baron Trevor ever cryed out O the French O the French Nor can I tell what stopped his Mouth in this Cry and
opened it so wide in the other when we moved to defend our selves and our Proceedings Where I humbly desire this Passage of the Law may be considered In the Case of depraving the Common-Prayer Book so much Scorned and Vilified at this Day and for not coming to Church The Words of the Law are For due Execution hereof the Queens most Excellent Majesty the Lords Temporal and all the Commons in this present Parliament Assembled do in God's Name earnestly require and Charge all the Arch-Bishops and Bishops and other Ordinaries that they shall endeavour to the uttermost of their Knowledge that the due and true Execution hereof may be had throughout their Diocesses and Charges as they will answer before God c. Now if I do not this here 's an apparent Breach of the Law And if I do it against this common and great Depraver of this Book then the Judge who by this Law should assist me Cries O the Bishop and this Answer I gave Mr. Browne when he Summ'd his Charge against me The Fifth Charge of this Day was Mr. John Ward 's Case in a Suit about Symony in the High Commission He says for he also is in his own Cause That upon a pretence of a Lapse by Symony I procured a Presentation from the King to the Church of Dinnington His Majesty trusted me with the Titles which did accrew to him in that kind and because Symony had been so rife Commanded me to be careful I might not betray this Trust and therefore the Symony being offer'd to be proved I procured his Majesties Presentation for Tryal of the Title And this I conceive was no Offence Though this be that which he calls the heaviness of my Hand upon him He farther says That I sent to the Bishop of Norwich to admit the King's Clerk the Church being void 7. Junij 1638. Nor do I yet see my Lords what Crime it is in me trusted especially as before to send to the Bishop to admit when the Church is void Many Lay Patrons do that upon Allegation of Symony before Proof And Mr. Bland produced as a Witness also says that the Lord Goring prevailed with the Lord Bishop of Norwich not to admit And I hope an Arch-Bishop and trusted therein by his Majesty may as lawfully write to the Ordinary for Admission of the King's Clerk as any Lay-Lord may write against it But Mr. Ward says nothing to this of the Lord Goring but adds That Sir John Rowse prevented this Admission by a Ne admittas Junij 12. And that thereupon I said it was to no purpose for us to sit there if after a long Tryal and Judgment given all might be stopped If I did say so I think it is a manifest Truth that I spake For it were far better not to have Symony tryed at all in Ecclesiastical Courts than after a long Tryal to have it called off into Westminster-Hall to the double Charge and trouble of the Subject But if the Law will have it otherwise we cannot help that Nor is this Expression of mine any Violation of the Law Then he says a Letter was directed from the Court of the High Commission to the Judges to revoke the Ne admittas and that I was forward to have the Letter sent How forward soever I was yet it is confessed the Letter was sent by the Court not by me And let the Letter be produced it shall therein appear that it was not to revoke the Ne Admittas but to desire the Judges to consider whether it were not fit to be revoked considering the Church was not void till Junij 14. And it hath been usual in that Court to Write or send some of their Body to the Temporal Judges where they conceive there hath been a Misinformation or a mistake in the Cause the Judges being still free to judge according to Law both for the one and the other And here he confesses the Writ of Ne admittas was revoked by three Judges and therefore I think Legally But here he hopes he hath found me in a Contradiction For when I writ to the Bishop of Norwich Junij 7. 1638. I there said the Church was void whereas this Letter to the Judges says it was not void till Junij 14. But here is no Contradiction at all For after the Tryal past and the Symony proved the Church is void to so much as the Bishop's giving of Institution and so I writ Junij 7. But till the Sentence was pronounced in open Court and Read the Church was not void as touching those Legalities which as I humbly conceive do not till then take place in Westminster-Hall And the Reading of the Sentence was not till Junij 14. However if I were mistaken in my own private Letter to the Bishop yet that was better thought on in the Letter from the High Commission to the Judges He says lastly That upon a Quare Impedit after taken forth it was found that the King had no Right Why my Lords if different Courts judge differently of Symony I hope that shall not be imputed to me In the Court where I sate I judged according to my Conscience and the Law and the Proof as it appeared to me And for Dr. Ryve's his Letter which he says was sent to the Cursitor to stop the Ne admittas Let Dr. Ryves answer it The Witness himself confesses that Dr. Ryves says the Command to the Cursitor was from the Lord Keeper not from me And here ends the Treason against Mr. Ward and till now I did not think any could have been committed against a Minister Then follow'd the Case of Ferdinando Adams his Excommunication and the Suits which followed it As it will appear in the Witnesses following which were four 1. The first was Mr Hen. Dade the Commissary then before whom the Cause began And he confesses He did Excommunicate Adams for not blotting out a Sentence of Scripture which the said Adams had caused to be written upon the Church-Wall as in many Churches Sentences of 〈◊〉 are written But he tells your Lordships too that this Sentence was My House shall be called the House of Prayer but ye have made it a Den of Thieves The Commissary's Court was kept as usually it is at or toward the West-end of the Church And just over the Court Adams had written this Sentence upon the Wall meerly to put a scorn and a scandal though I hope an unjust one upon that Court He was commanded to blot it out He would not because it was Scripture as if a Man might not Revile and Slander nay speak Treason too if he will be so wicked and all in Scripture-Phrase Witness that lewd Speech lately utter'd To your Tents O Israel c. Upon this he was Excommunicated and I cannot but think he well deserved it For the Suit which followed against Mr. Dade in the Star-Chamber the Motion that Mr. Attorney would leave him to the common Prosecutor
I may write to any Judge for Information And there is nothing Peremptory in the Letter The Words are If things be rightly suggested But howsoever the Letter is Dell's and if he have done amiss in it he is here present to Answer And it will be a hard business with Men of Honour if when any Lord shall Command his Secretary to Write and give him Directions for the Matter he shall afterwards be answerable for every slip of his Secretary's Pen especially in so high a way as 't is Charged on me But the best is here 's nothing amiss that I know CAP. XXVII The Sixth Day of my Hearing THE First Charge of this Day concerned the Censure Deprivation and Imprisonment of Mr Huntly The Witnesses produced are Four 1. Mr. Merifield comes on first He says That himself was Committed by the Lords of the Council and that there I said that he the said Merifield deserved to be laid by the Heels and to be called into the Star-Chamber This Man was as I take it Mr Huntly's Attorney and if I did speak those Words concerning him surely his Words and Carriage deserved it Else I am confident the Lords would not have Committed him for a naked and an orderly following of his Clyent 's Cause especially in the presence of two Judges Justice Jones and Justice Crook who he says himself were present And this Answer I gave Mr Brown who in the Sum of his Charge against me omitted not this Case of Mr Merifield for so was this Attorney's Name 2. The next Witness is Mr Huntly himself He says That I said unto him that he being an Ecclesiastical Person and in an Ecclesiastical Cause ought not to decline the Church-Censure Then followed his Imprisonment and his Action for false Imprisonment and the rest of his proceedings In all which the High-Commission proceeded against him and he proceeded against the High-Commissioners nothing done by me or against me in particular So nothing of this Charge falls upon me but the Words and for them they are very far from offering to Exempt any Clergyman him or other from the Temporal Laws it things cognizable by them But I humbly conceive his Oath of Canonical Obedience considered that he ought not to decline the Ecclesiastical Judicature in things meerly Ecclesiastical And if in this my Judgment I do Err yet it is Error without Crime And surely my Lords no Treason 3. The Third Witness is John Dillingham He says That Mr Huntly moved before the Lord Chief Justice Richardson and that the Judge replyed By his Faith he durst not do him Justice To this my Lords I answer Here 's never a Word that he durst not do him Justice for fear of me that 's not said by the Witness and ought not by Conjectures be inforced against me But howsoever if he spake those Words the more shame for him He is Dead and I will not rake into his Grave but if he so spake it seems he was none of those Judges which Jethro advised Moses to make for the ease of himself and the good of the People Mr Brown in summing up of his Charge pressed this Speech of the Judge hard upon me which inforces me to add thus much more That this 〈◊〉 lays it hard upon the Judge not upon me For no Proof is offered that I did Solicit him in that Cause And if he wanted Courage to do Justice why sat he there 4. The Fourth Witness was Mr Pit a sworn Officer he says The Order concerning Mr Huntly was from the Council and that there was then a full Board So this was no single Act of mine He says farther That he was not simply Prohibited but only till he had acquainted the Lord Keeper with it or those Judges whose Courts it concerned And this was so Ordered as I concelve to remedy the tedious and troublesome Interpositions of Mr Huntly Where it is not unfit for me to inform your Lordships that this Cause of Mr Huntly's was in my Predecessor Arch-Bishop Abbot his time I had nothing to do in it but as any other ordinary Commissioner then present had And here at the entring upon my Answers this Day I did in general put the Lords in mind that nothing of late times was done either in Star-Chamber or at Council-Table which was not done in King James and Queen Elizabeth's Times before I was born and that many Parliaments have been since and no Man accused of Misdemeanour for things done there much less of Treason Nor is there any one Witness that hath charged me That that which I did was to overthrow the Laws or to introduce Arbitrary Government That 's only the Construction made on 't at the Bar which as it is without all Proof for any such Intention so I am confident they shall answer for it at another Bar and for something else in these Proceedings Then followed the Charge about Prohibitions In which are many Particulars which I shall take in Order as the several Witnesses Charge them upon me 1. The First is Mr Pryn. He says That An 4 Caroli he brought a Prohibition and that thereupon I should say Doth the King give us Power and then are we prohibited Let us go and Complain First If this were An 4 Caroli it was long before the Article so that I could neither expect the Charge nor provide the Answer Secondly I humbly conceive there 's no Offence in the Words For if a Prohibition be unjustly granted upon Misinformation or otherwise or if we do probably conceive it is ill grounded I hope 't is no Sin to complain of it to the King the Fountain of Justice in both Courts Yea but he says farther That I said I would lay him by the Heels that brought the next And this Mr Burton witnesses with him First if I did say so they were but a few hasty Words For upon second thoughts it was not done Next I desire your Lordships to consider what manner of Witness Mr Burton is who confesses here before your Lordships that he brought the next with a purpose to tempt me You know whose Office that is and so Mr Burton hath abundantly shewed himself and proclaimed his Religion 3. As for Mr Comes he says just the same with Mr Pryn and I give the same Answer Then about taking down of a Pew in a Church in London my Notes are uncertain for the Name which Pew was set above the Communion Table That I required to have it pulled down That they came to me to have an Order for it and that thereupon I should say You desire an Order of Court that you may have it to shew and get a Prohibition But I will break the Back of Prohibitions or they shall break mine And this is joyntly Witnessed by Mr Pocock and Mr Langham And this they say was Thirteen or Fourteen Years ago Excellent Memories that can punctually swear Words so long after But my Lords
with me and that he went not out of Town till I had agreed to the Mitigation that in all that time there was no Tender of Sack or any thing else unto me and he and Dr. Bailie the only Men with whom I Transacted the whole Business And so much could Dr. Bailie also witness but that as the Times are I could not bring him from Oxford With Mr. Stone himself I never treated For my Steward he is dead three Years since who could have been my Witness clean thorough the Business And when I pressed Mr. Stone at the Bar with the Protestation which he made to me that he had no Relation herein to the Chester-Men he that remembred every Circumstance else said he remembred not that Then I offer'd to take my voluntary Oath of the Truth of it but that was not admitted Then it was pressed that this Bribe must needs be before the Agreement for he says the Sack was sent in to my House ......... and the Mitigation of the Fine into the Exchequer not till ...... But that is nothing For my Agreement was passed and I medled no more with it Yea but he says that Mr. Holford my Servant had Forty Pound more than I agreed upon before he would finish their Business Mr. Holford was the King's Officer for those Returns into the Exchequer And if after my Agreement made he either unduely delaid their Business or Corruptly took any Money from them he is living and must answer for his own Fault Me it cannot concern who did not so much as know of it Mr. Wheat having thus testified in open Parliament before the Lords was within a Day or two called before the Committee there re-examined in private and very strictly touching the time of my Agreement made Then not without some Harshness Commanded not to depart the Town till he heard farther from them This himself afterwards told me Hereupon I resolved to call him again for farther Evidence and if I saw cause to acquaint the Lords with this usage And I did call upon it divers times after but one Delay or other was found and I could never obtain it And such a kind of calling my Witnesses to a private afterreckning is that which was never offer'd any Man in Parliament And here Mr. Brown in summing up my Charge did me a great deal of Right For neither to the Lords nor in the House of Commons did he vouchsafe so much as to name this false base and unworthy Charge of which my greatest Enemies are ready to acquit me 3. The Third Particular was charged by one Mr. Delbridge Who says he was oppressed at the Council-Table by the Lord Keeper Finch That he was advised by Mr. Watkins to give my Secretary Mr. Dell Money to get my Hand to a Petition to the Lord Keeper who he said would not oppose me That Dell took of him One Hundred and Fifty Pounds and procured my Hand to his Petition I remember nothing of this Business and it lies wholly upon my Secretary who being my Sollicitor is here present in Court and desires he may answer the Scandal There 's no touch at all upon me but that he says my Secretary got my Hand to his Petition to the Lord Keeper This Petition of his was either just or unjust If just I committed no Fault in setting my Hand to it If unjust he must confess himself a Dishonest Man to offer to get my Hand to help to Boulster out his Injustice And yet if the Injustice of it were Varnished over with fair Pretences and so kept from my knowledge the Crime is still his own and nothing mine but an Error at most As for Mr. Watkins he did me much wrong if he sent any Man to my House on such an Errand Here my Secretary had leave to speak denied the whole Business and produced Mr. Hollys with whom it was said the Hundred and Fifty Pounds before named should be deposited who to my remembrance said he knew of no such thing 4. The Fourth Instance was A Bond for the Payment of Money as a Fine The Bond found in Sir Jo Lamb's Chamber with a Note upon the back of it for One Hundred Pound received and Sir John by my direction was to call for the rest And here it was said that I used the Name of St Pauls in an illegal way to get Money which might well have been spared For as is aforesaid I had a Broad Seal which gave me all Fines in the High Commission Court to the repairing of the West End of St Pauls and with Power to mitigate And the Fines are the Kings and he may give them by Law The Broad Seal is in the Hands of Mr Holford who is thereby appointed Receiver of all such Fines But is upon Record to be seen and if it be doubted I humbly desire a Salvo till the Record can be taken out and shewed But I presume these Gentlemen have seen it And Commutations for such Crimes as Sir James Price's was are according to Law and the Ancient Custom and Practice in this Kingdom especially where Men of Quality are the Offendors And the Power of Commuting is as Legal in that Court as any other And if that be doubted I humbly desire my Councel may Argue it 5. The Fifth Instance was a Charge concerning a Lease in Lancashire held in three Lives by Sir Ralph Ashton 'T is said by his Son Mr. Ashton the only Witness in the Cause That I by Power at Chester and York and the High-Commission here being Landlord in right of my Arch-Bishoprick did violently wrest this Lease of the Rectory of Whally in Lancashire out of his Hands against Law and made him take a Lease for Years and Pay a great Fine besides and other Fines besides toward the Repair of St Pauls and raised the Rent Sixty Pound Truly my Lords I am not any whit solicitous to answer this Charge I challenged this Lease as void and had great Reason so to do both for the Invalidity of the Lease it self and the unworthiness of the Tenant both to me and my See If in the Preparations for Tryal at Law the Judge at Chester altogether unknown to me and unlaboured by me did say as Mr. Ashton says he did That for higher Powers above he durst not he was the more unworthy And for York I needed no Power there for I resolved to have him called into the High-Commission here which was after done This Gentleman his Son came to me about the Lease I told him plainly it was void in Law and that I meant to overthrow it That if his Father would surrender I would renew it for Years at a reasonable rate but if he put me to Expence in Law I would secure my self as well as Legally I might He replyed That Mr. Solicitor Littleton for so then he was said he durst not be against me And there was good Reason for it he was my Councel and Feed in that Particular And what
stands now Established and as by right it ought to stand nor yet ever to subject it to the Usurpations and Superstitions of the See of Rome And all these things I do plainly and sincerely acknowledge and Swear according to the plain and common Sense and Understanding of the same Words without any Equivocation or Mental Evasion or secret Reservation whatsoever And this I do heartily willingly and truly upon the Faith of a Christian So help me God in Jesus Christ. Which Oath the said Arch-Bishop himself did take and caused divers other Ministers of the Church to take the same upon pain of Suspension and Deprivation of their Livings and other severe Penalties and did also cause Godfrey then Bishop of Gloucester to be committed to Prison for refusing to Subscribe to the said Canons and to take the said Oath and afterward the said Bishop submitting himself to take the said Oath he was set at Liberty On Thursday April 4. I was again brought to the House made a sufficient scorn and gazing-stock to the People and after I had waited some hours was sent back by Reason of other Business unheard But Order'd to appear again Munday April 8. Then I appeared again and was used by the basest of the People as before I did not appear any day but it cost me six or seven Pound I grew into want This made my Councel and other Friends to perswade me the next time I had admittance to speak to move the Lords again for some necessary Allowance notwithstanding my former Petition had been rejected This Advice I meant to have followed that day But after some Hours Attendance I was sent back again unheard and Order'd to come again on Thursday April 11. This day I did not come to the House a Warrant being sent to the Tower which stayed me till Tuesday April 16. CAP. XXIX The Seventh Day of my Hearing THen I appeared and as I remember here Mr. Maynard left off save that now and then he interposed both in the Reply and otherwise and Mr. Nicolas a Man of another Temper undertook the managing of the Evidence And the first Charge was concerning the late Canons which he said were against Law to sit the Parliament being Dissolved No my Lords nothing against Law that I know For we were called to Sit in Convocation by a different Writ from that which called us as Bishops to the Parliament And we could not rise till his Majesty sent us another Writ to discharge us and this is well known to the Judges and the other Lawyers here present So we continued sitting though the Parliament rose Nor was this sitting continued by any Advice or Desire of mine For I humbly desired a Writ to dissolve us But the best Councel then present both of Judges and other Lawyers assured the King we might Legally sit And here is a Copy attested under their Hands Then he urged out of my Diary at May 29. 1640. That I acknowledged there were Seventeen Canons made which I did hope would be useful to the Church 'T is true my Lords I did hope so And had I not hoped it I would never have passed my Consent unto them And when I writ this there was nothing done or said against them And if by any Inadvertency or Humane Frailty any thing Erroneous or Unfit have slipped into those Canons I humbly beseech your Lordships to remember it is an Article of the Church of England that General Councils may Err and therefore this National Synod may mistake And that since if any Error be it is not Wilful it may be rectified and in Charity passed by For the Bishop of Gloucester's refusing to Subscribe the Canons and take the Oath Which is here said by the Council but no Proof offered The Truth is this He first pretended to avoid his Subscription that we could not sit the Parliament risen He was Satisfied in this by the Judges Hands Then he pretended the Oath But that which stuck in his Stomach was the Canon about the suppressing of the growth of Popery For coming over to me to Lambeth about that Business he told me he would be torn with Wild Horses before he would Subscribe that Canon I gave him the best Advice I could but his Carriage was such when he came into the Convocation that I was forced to charge him openly with it and he as freely acknowledged it As there is plentiful Proof of Bishops and other Divines then present And for his Lordship's being after put to take the Oath which was also urged it was thus I took my self bound to accquaint his Majesty with this Proceeding of my Lord of Gloucester's and did so But all that was after done about his Commitment first and his Release after when he had taken the Oath was done openly at a full Council-Table and his Majesty present and can no way be charged upon me as my Act. For it was my Duty to let his Majesty know it to prevent farther Danger then also discovered But I am here to defend my self not to accuse any Man else Next he urged that I had Interlined the Original Copy of the Canons with my own Hand But this is clearly a mistake if not a wilful one For perusing the Place I find the Interlining is not in my Hand but my Hand is to it as I humbly conceive it was fit it should And the Words are in the Ratification of the Canons and therefore were necessarily to be in the Original howsoever slipped in the writing of them As for the Oath so bitterly spoken of at the Bar and in the Articles either it was made according to Law or else we were wholly mis-led by President and that such as was never excepted against For in the Canons made in King James his Time there was an Oath made against Symonie and an Oath for Church-Wardens and an Oath about Licences for Marriages and an Oath for Judges in Ecclesiastical Courts And some of these Oaths as dangerous as this is acounted to be And all these established by no other Authority than these late were And yet neither those Canons nor those Oaths were ever declared Illegal by any ensuing Parliament nor the Makers of them accused of any Crime much less of Treason So that we had in this Synod unblamed President for what we did as touching our Power of doing it But after all this he said he would pass these things by that is when he had made them as Odious as he could and would Charge nothing upon me but the Votes of both Houses namely That these Canons contain Matters contrary to the King's Prerogative to the Fundamental Laws of the Realm to the Rights of Parliaments to the Propriety and Liberty of the Subject and Matters tending to Sedition and of dangerous Consequence So these Votes of the Honourable Houses made so long after and therefore cannot well be an Evidence against the
I hope your Lordships will not think that not to suffer the Printers to turn out a deserving Man at their pleasure is to exempt the Clergy from the Civil Magistrate The business my Lords was this This Corrector was principally entertained for the Latin and Greek Press especially which I had then not without great pains and some cost Erected They were desirous to keep only one for the English and him at the cheapest Among them their negligence was such as that there were found above a Thousand faults in two Editions of the Bible and Common-Prayer-Book And one which caused this search was that in Exod. 20. where they had shamefully Printed Thou shalt commit Adultery For this the Masters of the Printing-House were called into the High-Commission and Censured as they well deserved it As for this Corrector whom they would have heaved out they never did so much as complain of him to any that had power over the Press till this fell upon themselves for so gross an Abuse Nor did they after this proceed against him to make him appear faulty and till that were done we could not punish And for this Business of the Press he is single too And I have told your Lordships that which is a known Truth And Hunsford being bit in his Credit and Purse and Friends by that Censure for so gross an abuse of the Church and Religion labours to fasten his Fangs upon me in this way 2. The Second Witness is Mr. Bland But all that he says is that there was once a dismission of this Cause out of the Court and that though I disliked it yet I gave way to it because all Parties were agreed And no word of proof that I was any cause of bringing it back into the Court again What 's my fault in this 3. The Third Witness was Thorn in his own Cause And 't is plain by his own words that this Cause was depending in Court before my time And I believe were the Records of the Court here Mr. Lewis would not be found so great an Offender as Mr. Thorn would make him This I am sure of both the High-Commission and my self have been quick enough against all Ministers which have been proved to be debauched in their Life and Conversation And he says nothing against me but that I sided with his Adversaries which is easie to say against any Judge that delivers his Sentence against any Man But neither of these come home to Hunsford The next Charge is in the Case of one Mr. Tomkins about the Taxing of a Minister in a Case of Robbery and Repayment by the Country To this Mr. Newdigate is produced who says as he remembers that I should speak these words That Ministers were free from such Taxes and I hoped to see the Times in which they might be free again First this Gentleman is single Secondly he speaks not positively but as he remembers Thirdly this Tax I do humbly conceive is not by Law to be laid upon any Minister For no Man is subject to this Tax but they which are to keep Watch and Ward which Ministers in that kind are not bound unto And this I learned of the Lord Keeper Coventry at the Council-Table So I might well then hope to see Ministers free from all such Taxes by the right understanding and due Execution of our own Laws without assuming any Papal Power The last Instance of this Day was the bringing of Sir Rich Samuel into the High-Commission for doing his Office as Justice of the Peace upon some Clergy-Men First for this this Gentleman is single and in his own Case Secondly himself confesses that his bringing into the High-Commission was long after the Fact Therefore in all Probability not for that nor doth he say that I caused his bringing in He says farther That one Article for which he was called into the Commission was that he was an Enemy to the Clergy But he doth not say that I preferred these Articles against him Nor doth he tell or can I remember what the other Articles were which with this may be bad enough to merit what was there laid against him And whatsoever was done appears by his own Narration to be the Act of the High-Commission or the Council-Table and so not Chargeable upon me alone And whereas he says I blamed him much at the Council-Table Let him tell why and then I 'll give him a farther Answer And sure if I did blame him I had just Cause so to do Lastly he says I did use the Word Base to him when he came to me Sure I cannot believe I did It was not my Language to meaner Men. If it did slip from me it was in Relation to his Enmity to the Clergy not to his Person or Quality And I conceive 't is no Gentile part for a Man of Place and Power in his Country to oppress poor Clergy-Men which neighbour about him In which kind this Gentleman Pessimè Audiebat heard extreamly ill CAP. XXX THis Day thus ended I was ordered to appear again on Monday April 22. I came and my former Answers having taken off the Edge of many Men for so I was told by good Hands the Scorns put upon me at my Landing and elsewhere were somewhat a bated though when it was at best I suffered enough After I had attended the Pleasure of the House some Hours I was remitted without Hearing and commanded to attend again upon Thursday April 25. But sent back again then also and ordered to appear on Tuesday April 30. And when I came I was sent away once more unheard No Consideration had of my self or the great Charge which this frequent coming put me to I was then ordered to appear again on Saturday May 4. Then I was heard again And the Day proceeded as follows My Eighth Day of Hearing To raise up Envy against me Mr. Nicolas falls first to repeating the Titles which were given me in Letters from Oxford to which I gave answer the Day before From thence he fell again upon the former Charge My Endeavour to exempt the Clergy from the Civil Power And very loud he was and full of sour Language upon me To this General I answered with another more true That I never did attempt to bring the Temporal Power under the Clergy nor to free the Clergy from being under it But I do freely confess I did labour all I could to preserve poor Clergy-Men from some Lay-Mens Oppression which lay heavy on them And de Vi Laica hath been an old and a great and too Just a Complaint And this I took to be my Duty doing it without Wrong to any Man as sincerely I did to the best of my Knowledge And assuring my self that God did not raise me to that Place of Eminency to sit still see his Service neglected and his Ministers discountenanced nay sometimes little better than trampled on And my standing thus to the Clergy and their
just Grievances is not the least Cause of my present Condition In which my Case though not my Abilities is somewhat like Cicero's For having now for many Years defended the Publick State of the Church and the Private of many Church-Men as he had done many Citizens when he by prevailing Factions came into danger himself ejus Salutem defendit nemo no Man took care to defend him that had defended so many which yet I speak not to impute any thing to Men of my own Calling who I presume would have lent me their just Defence to their Power had not the same Storm which drove against my Life driven them into Corners to preserve themselves The First Instance was in Mr. Shervil's Case in which Mr. John Steevens tells what I said to the Councel Pleading in the Star-Chamber which was that they should take care not to cause the Laws of the Church and the Kingdom to clash one against another I see my Lords nothing that I spake was let fall nor can I remember every Speech that passed from me he may be happy that can But if I did speak these Words I know no Crime in them It was a good Caveat to the Councel for ought I know For surely the Laws of Church and State in England would agree well enough together if some did not set them at Odds. And if I did farther say to the then Lord Keeper as 't is Charged that some Clergy-Men had sat as high as he and might again which I do not believe I said yet if I did 't is a known Truth For the Lord Coventry then Lord Keeper did immediately succeed the Lord Bishop of Lincoln in that Office But though I dare say I said not thus to the Lord Keeper whose Moderation gave me no Cause to be so round with him yet to the Councel at the Bar I remember well upon just occasion given that I spake to this Effect That they would forbear too much depressing of the Clergy either in their Reputation or Maintenance in regard it was not impossible that their Profession now as high as ours once was may fall to be as low as ours now is If the Professors set themselves against the Church as some of late are known to have done And that the sinking of the Church would be found the ready way to it The Second Instance was about calling some Justices of the Peace into the High-Commission about a Sessions kept at 〈◊〉 1. The First Witness for this for Three were produced was Mr. Jo. Steevens He says That the Isle where the Sessions were kept was joyned to the Church If it were not now a part of the Chuch yet doubtless being within the Church-Yard it was Consecrated Ground He says That Sessions were kept there heretofore And I say the more often the worse He says That I procured the calling of them into the High-Commission But he proves no one of these Things but by the Report of Sir Rob Cook of Gloucestershire a Party in this Cause He says again that They had the Bishop's License to keep Sessions there But the Proof of this also is no more than that Sir Rob. Cook told him so So all this hitherto is Hearsay Then he says the 88. Canon of the Church of England was urged in the Commission Court which seems to give leave in the close of the Canon that Temporal Courts or Leets may be kept in Church or Church-Yard First that Clause in the end of the Canon is referred to the Ringing of Bells not to the Profanations mentioned in the former part of that Canon Nor is it probable the Minister and Church-Wardens should have Power to give such leave when no Canon gives such Power to the Bishop himself And were it so here 's no Proof offered that the Minister and Church-Wardens did give leave And suppose some Temporal Courts might upon urgent Occasion be kept in the Church with leave yet that is no Warrant for Sessions where there may be Tryal for Blood He says farther That the Civilians quoted an Old Canon of the Pope's and that that prevailed against the Canon of Our Church and Sentence given against them All those Canons which the Civilians urged are Law in England where nothing is contrary to the Law of God or the Law of the Land or the King's Prerogative Royal And to keep off Profanation from Churches is none of these Besides were all this true which is urged the Act was the High-Commissions not mine Nor is there any thing in it that looks toward Treason 2. The Second Witness is Mr. Edward Steevens He confesses that the Sentence was given by the High-Commission and that I had but my single Vote in it And for the Place it self he says The Place where the Sessions were kept was separated from the Isle of the Church by a Wall Breast-high which is an evident Proof that it was formerly a Part of that Church and continued yet under the same Roof 3. The Third Witness is Mr. Talboyes who it seems will not be out of any thing which may seem to hurt me He says The Parish held it no part of the Church Why are not some of them examined but this Man's Report from them admitted They thought no harm he says and got a License But why did they get a License if their own Conscience did not prompt them that something was Irregular in that Business He says he was informed the Sessions had been twice kept there before And I say under your Lordships Favour the oftner the worse But why is not his Informer produced that there might be Proof and not Hearsay Upon this I said so he concludes That I would make a President against keeping it any more If I did say so the Cause deserved it Men in this Age growing so Bold with Churches as if Profanation of them were no Fault at all The Third Instance concerned Sir Tho. Dacres a Justice of Peace in Middlesex and his Warrant for Punishing some disorderly Drinking The Witnesses the two Church Wardens Colliar and Wilson two plain Men but of great Memories For this Business was when I was Bishop of London and yet they agree in every Circumstance in every Word though so many Years since Well what say they It seems Dr. Duck then my Chancellor had Cited these Church-Wardens into my Court Therefore either there was or at least to his Judgment there seemed to be somwhat done in that business against the Jurisdiction of the Church They say then That the Court ended Dr. Duck brought them to me And what then Here is a Cause by their own confession depending in the Ecclesiastical Court Dr. Duck in the King's Quarters where I cannot fetch him to Testifie no means left me to know what the Proceedings were and I have good cause to think that were all the Merits of the Cause open before your Lordships you would say Sir Tho. Dacres did not all according to
King 's Learned Councel that his Lordship well knew what had passed and that being so used as I had been by the Townsmen I would trouble my self with no more References to Lawyers or to that effect And I appeal to the Honour of my Lord whether this be not a true Relation The Sixth Instance concerns the putting of one Mr. Grant out of his Right He says but he is single and in his own Cause That Mr. Bridges was presented to an Impropriation and that suing for Tythe He the said Grant got a Prohibition and Mr. Bridges a Reference to the then Lord Keeper Coventry and my self that we referred them to the Law and that there Grant was Non-Suited and so outed of his Right First in all this there 's nothing said to be done by me alone Secondly the Lord Keeper who well understood the Law thought it fittest to refer them to the Law and so we did If he were there Non-Suited first and outed after it was the Law that put him out not we Yet your Lordships see here was a Prohibition granted in a Case which the Law it self after rejected Then follows the Instance that I had a purpose to Abolish all Impropriations The first Proof alledged was a passage out of Bishop Mountague's Book p. 210. That Tythes were due by Divine Right and then no Impropriations might stand And Mr. Pryn witnessed very carefully That this Book was found in my own Study and given me by Bishop Mountague And what of this Doth any Bishop Print a Book and not give the Arch-Bishop one of them Or must I answer for every Proposition that is in every Book that is in my Study Or that any Author gives me And if Bishop Mountague be of Opinion that Tythes are due by Divine Right what is that to me Your Lordships know many Men are of different Opinions in that difficulty and I am confident you will not determin the Controversie by an Act of Parliament They were nibling at my Diary in this to shew that it was one of my Projects to fetch in Impropriations but it was not fit for their purpose For 't is expressed That if I Lived to see the Repair of St. Paul's near an end I would move his Majesty for the like Grant for the buying in of Impropriations And to buy them from the Owners is neither against Law nor against any thing else that is good nor is it any Usurpation of Papal Power 2. The Second Proof was my procuring from the King such Impropriations in Ireland as were in the King's Power to the Church of Ireland Which Mr. Nicolas in his gentle Language calls Robbing of the Crown My Lords the Case was this The Lord Primate of Armagh writ unto me how ill Conditioned the State of that Church was for want of Means and besought me that I would move his Majesty to give the Impropriations there which yet remained in the Crown for the Maintenance and Incouragement of able Ministers to Live among the People and Instruct them Assuring me they were daily one by one begged away by Private Men to the great prejudice both of Crown and Church And the Truth of this the Lord Primate is now in this Kingdom and will witness I acquainted the King's great Officers the Lord Treasurer and the Chancellor of the Exchequer with it And after long deliberation the King was pleased at my humble Suit to grant them in the way which I proposed Which was that when they came into the Clergies Hands they should pay all the Rents respectively to the King and some consideration for the several Renewings And the Truth of this appears in the Deeds So here was no Robbing of the Crown For the King had all his set Rents reserved to a Penny and Consideration for his Casualties beside And my Lords the increase of Popery is complained of in Ireland Is there a better way to hinder this growth than to place an Able Clergy among the Inhabitants Can an Able Clergy be had without Means Is any Means fitter than Impropriations restored My Lords I did this as holding it the best Means to keep down Popery and to advance the Protestant Religion And I wish with all my Heart I had been able to do it sooner before so many Impropriations were gotten from the Crown into Private Hands Next I was Charged with another Project in my Diary which was to settle some fixed Commendams upon all the smaller Bishopricks For this I said their own Means were too small to live and keep any Hospitality little exceeding Four or Five Hundred Pound a Year I consider'd that the Commendams taken at large and far distant caused a great dislike and murmur among many Men. That they were in some Cases Materia Odiosa and justly complained of And hereupon I thought it a good Church-work to settle some Temporal Lease or some Benefice Sine Cura upon the lesser Bishopricks but nothing but such as was in their own Right and Patronage That so no other Man's Patronage might receive prejudice by the Bishop's Commendam Which was not the least Rock of Offence against which Commendams indanger'd themselves And that this was my intent and endeavour is expressed in my Diary And I cannot be sorry for it Then I was Accused for setting Old Popish Canons above the Laws Mr. Burton is the sole Witness He says it was in a Case about a Pew in which those Canons did weigh down an Act of Parliament I did never think till now Mr. Burton would have made any Canons Pew-Fellows with an Act of Parliament But seriously should not Mr. 〈◊〉 Testimony for this have been produced at the second Instance of this day For in the end of that is just such another Charge and the Answer there given will satisfie this and that by Act of Parliament too After this came a Charge with a great out-cry that since my coming to be Arch-Bishop I had renewed the High-Commission and put in many Illegal and Exorbitant Clauses which were not in the former Both the Commissions were produced Upon this I humbly desired that the Dockett might be Read by which their Lordships might see all those Particulars which were added in the New Commission and so be able to Judge how fit or unfit they were to be added The Dockett was Read And there was no Particular found but such as highly deserved Punishment and were of Ecclesiastical Cognizance as Blasphemy Schism and two or three more of like Nature 1. In this Charge the first Exorbitant Clause they insisted on as added to the new Commission was the Power given in locis Exemptis non Exemptis as if it were thereby intended to destroy all Priviledges No not to destroy any Priviledge but not to suffer Enormous Sins to have any Priviledge Besides this Clause hath ever been in all Commissions that ever were Granted And I then shewed it to the Lords in the Old Commission
told the Lords that when Sir Nathaniel Brent was imployed in my Visitation he had Instructions for particular Churches of which some were Tacit Intimations and some Express I know not to what end this was spoken for no Coherent Charge followed upon it But sure he thinks Sir Nathaniel Brent very skilful in me that he can understand my Tacit Intimations and know to what Particular Church to apply them And as I said no more at the Bar so neither did I think to say any more after yet now I cannot but a little bemoan my self For ever since Mr. Maynard left off who Pleaded though strongly yet fairly against me I have been in very ill Condition between the other two For from Mr. Nicolas I had some Sense but extream virulent and foul Language And from Serjeant Wilde Language good enough sometimes but little or no Sense For let me answer what I would when he came to Reply he repeated the Charge again as if I had made no Answer at all Or as if all that I Expressed never so plainly had been but Tacit Intimations which I think he understood as much as Sir Nathaniel Brent In the Fourth Charge he told the Lords he would not trouble them with repeating the Evidence but only put them in mind of some things in the Case of Ferdinando Adams of Ipswich Of the Men of Lewis suffering in the High-Commission Of the Parishioners of Beckington and some others heard before but would leave the Lords to their Memory and their Notes Yet read over the Sentences given in the High-Commission and made a Repetition of whatsoever might but make a shew to render me odious to the People And this hath been their Art all along to run over the same thing twice and again as they did here in the second Charge about the Picture of the Blessed Virgin To the end that as the Auditors changed the more of them might hear it and that which wrought not upon some might upon others In all which I patiently referred my self to my former Answers having no other way to help my self in regard they pretended that they renewed the same Instances but not the same way but in one place as against Law and in another as against Religion But why then did they in both places run over all Circumstances appliable to both And on they went too with the Men of Lewis where one Mr. Parnlye they say was Censured cruelly in the High-Commission for not removing the Communion-Table The Business was but this Sir Nathaniel Brent and his own Ordinary Dr. Nevill Ordered the remove of the Table He would not For this Contumacy he was Censured but injoyned only to make his Submission to Dr. Nevill Which I think was a Sentence far from any Barbarous Cruelty as 't is called 2. Another Instance and the next was Mr. Burket He says he was Censured also about removing the Communion-Table and for that only But first this was not simply for removing the Holy-Table but it was for abetting the Church-Wardens to remove it back again from the place where lawful Authority had set it And secondly whereas he says he was Censured for this only the very Charge it self confutes him For there 't is said that this about removing of the Communion-Table appears in the Sixth Article that was against him Therefore there were Five other Articles at least more against him And therefore not this only 3. The Third Instance was in Mr. Chancye And he likewise is said to have suffered very much only about Railing in of the Communion-Table But this is not so neither For he confesses that he spake Reproachful Words against Authority and in Contempt of his Ordinary That he said the Rails were fit to be set up in his Garden That he came Fifty Miles from his own Church on purpose to Countenance this Business And all this he acknowledges upon his Oath in his Submission And yet nothing laid upon him but Suspension and that no longer than till he submitted And all this the Act of the High-Commission not mine And so I answered Mr. Brown who urged this against me also And the Truth of all this appears apud Acta though they were taken away and kept ever since from my use yet many things done in that Court have been Charged against me And here stepped in a Testimony of Mr. Genebrards That I threatned openly in the High-Commission to suspend Dr. Merrick And why might I not do it if he will be over-bold with the Proceeding of the whole Court I have known e're now a very good Lawyer Committed from the Chancery Bar to the Fleet. Though I shall spare Names 4. The fourth Instance was in Mr. Workman's Case Charged as if he were Sentenced only for Preaching a Sermon to the Judges against Images in Churches 1. The first Witness in the Cause was Mr. Langly He says Mr. Workman was Censured for this Sermon and other things Therefore not for this Sermon only The High-Commissioners were no such Patrons of Images He says that when I was Dean of Gloucester I told them in the Chappel that King James had heard of many things amiss in that Church and required me to take care of them 'T is true he did so He says farther that hereupon I placed the Communion-Table Altar-wise and Commanded due Reverence at the coming into the Church This I did and I have given my Reason often already for it out of the Injunctions of Queen Elizabeth He says that Bishop Smith took offence at this and would come no more to the Cathedral First my Lords this Gentleman was then Schoolmaster there and had free Access unto me He never discovered this Secondly the Bishop himself never said a word to me about it If he had I would either have satisfied his Lordship in that or any thing else that I did Or if he had satisfied me I would have forborn it He says that Mr. Workman after he was put from his Lecture was not suffered to teach Children First if he had been suffered this Man had been like to make the first Complaint for decay of his own School But secondly The Commission thought it no way fit to trust him with the Education of Children who had been Factious among Men. Especially not in that place where he had so shewed himself And this Answer I gave to Mr. Brown who in Summing the Evidence stood as much and inveighed as earnestly against this Cruel proceeding with Mr. Workman as upon any one thing in the Charge At which time he added also that he would not be suffered to Practise Physick to get his Living But First no Witness Evidenceth this that he was denied to Practise Physick And Secondly he might have taught a School or Practised Physick any where else But he had done so much Harm and made such a Faction in Gloucester as that the High Commission thought it not fit to continue him there and he was not willing to go
Secondly he confesses that when Dr. Bray made stay of them he never complained to me and I cannot remedy that which I do not know Thirdly he confesses that all the time he was in Lambeth-House my Predecessor ever left that care of the Press upon his Chaplains and why I might not do it as well as my Predecessor I do not yet know But he said that he complained to Sir Edmund Scott and desired to be advised by him what he should do And that he Answer'd he thought I would not meddle with that troublesome Business more than my Predecessors had done Be this so yet Sir Ed. Scott never told me this nor is there any the least Proof offer'd that he did But because this and the like passages about Expunging some things out of Books makes such a great Noise as if nothing concerning Popery might be Printed And because Mr. Brown in Summing up of the Charge in the House of Commons warmly insisted upon this Particular I thought it necessary to Answer as follows That what moved my Chaplain to Expunge that large passage against Images I knew not nor could I now know my Chaplain being Dead But that this I was sure of that else-where in those very Sermons there was as plain a passage and full against Images left in And in another place a whole Leaf together spent to prove them Idolaters and that as gross as the Baalists and so he terms them Yea and that the Pope is Antichrist too and not only called so but proved by divers Arguments And not so only but in plain Terms that he is the Whore of Babylon And these passages I then Read out of the Book it self in the House of Commons And many other-like to these there are So my Chaplain might see good Cause to leave out some passages Where so many upon as good Cause were left in But to the Business of leaving the Care of these Books and the overview of them to my Chaplains it was then urged That the Commissary of John Lord Arch-Bishop of York had Excommunicated the Lord Bishop of Durham being then in the King's Service And that the Arch-Bishop himself was deeply Fined for this Act of his Commissary And that therefore I ought much more to be answerable for my Chaplain's Act whom I might put away when I would than he for his Commissary who had a Patent and could not be put out at pleasure Mr. Brown also followed this Precedent close upon me But first there is a great deal of difference in the thing it self My Chaplain's Case being but the leaving out of a passage in a Book to be Printed But his Commissary's Case being the Excommunicating of a great Bishop and he in the King's Service of whose Honour the Laws of this Realm are very tender And Secondly the Bishop and his Official call him Chancellor or Commissary or what you will make but one Person in Law and therefore the Act of the Commissary to the full extent of his Patent is the Act of the Bishop in legal Construction and the Bishop may be answerable for it But the Bishop and his Chaplain are not one Person in any Construction of Law And say he may put away his Chaplain when he will yet that cannot help what is past if ought have been done amiss by him And this was the Answer I insisted on to Mr. Brown Upon my entrance on this days Defence I found my self aggrieved at the Diurnal and another Pamphlet of the Week wherein they Print whatsoever is Charged against me as if it were fully proved never so much as mentioning what or how I Answer'd And that it troubled me the more because as I conceived the passages as there expressed trenched deep upon the Justice and Proceedings of that Honourable House And could have no Aim but to incense the Multitude against me With some difficulty I got these Pamphlets received but there they dyed and the Weekly abuse of me continued to keep my Patience in Breath CAP. XXXV The Thirteenth Day of my Hearing THE First Charge of this Day was the Opinion which was held of me beyond the Seas The first Witness was Sir Henry Mildmaye who as is before related told me without asking That I was the most Hateful Man at Rome that ever sate in my See since the Reformation Now he denied not this but being helped on by good Preparation a Flexible Conscience and a fair leading Interrogatory by Mr. Nicolas Mr. Serjeant Wilde was Sick and came no more till the last day when I made my Recapitulation he minced it And now he says that there were two Factions at Rome and that one of them did indeed speak very ill of me because they thought I aimed at too great a Power here in England But the other Faction spake as well of me because they thought I endeavoured to bring us in England nearer to the Church of Rome But first my Lords this Gentleman's Words to me were Round and General That I was hated at Rome not of a Party or Faction there And my Servants heard him at the same time and are here ready to witness it that he then said the Pope was a goodly Gentleman and did use to ride two or three great Horses in a Morning and but that he was something taller he was as like Auditor Philips who was then at Dinner with me as could be But I pray mark what Wise Men he makes them at Rome One Faction hates me because I aim at too much Power And the other loves me because I would draw England nearer Rome Why if I went about to draw England nearer Rome can any among them be such Fools as to think my Power too great For if I used my Power for them why should any there Condemn me And if I used it against them why should any here Accuse me Non sunt haec benè divisa temporibus These things suit not with the Times or the Dispositions of Rome But the plain Truth is I do not think that ever he was at Rome I after heard a whisper that he only stepped into France for another Cure not to Rome for Curiosity which was the only cause he gave the Lords of his going thither 2. The second Witness was Mr. Challoner He says not much of his own knowledge but of Fame that tatling Gossip yet he told the Lords I was a very Obscure Man till within these Fifteen Years Be it so if he please Yet I have been a Bishop above Three and Twenty Years And 't is Eighteen Years since I was first Dean of his Majesty's Chappel Royal. He says that after this time there was a strong Opinion of Reconciliation to Rome A strong Opinion but a weak Proof For it was an Opinion of Enemies and such as could easily believe what they over-much desired He farther said that some of them were of Opinion that I was a good Roman-Catholick and that
that Troubles him S Luc 22. Then they urged my Predecessor Arch-Bishop Parker That he found Fault with the Consecration of New Churches I answered then upon Memory that he did not find fault simply with Consecrations of Churches but only with the Superstitious Ceremonies used therein And this since upon perusal of the Place I find to be true For after he had in some sort Commended the Popes for taking away some gross and superstitious Purgations he adds that yet for want of Piety or Prudence their later Pontifical and Missal-Books did outgo the Ancient In Multitudine Ceremoniarum peragendi Difficultate Taedio 〈◊〉 amentiâ So these were the things he found fault with not the Consecration it self which he could not well do himself being then a Consecrated Bishop 2. The Second Witness was Mr. Hope He says That he agrees with the former Witness and saw all and the throwing up of the Dust c. Since he agrees with the former Witness I give him the same Answer Yet with this Observation upon him and his Oath The former Witness says that at the beginning of this Action I took Dust and threw it up This Man agrees with him and saw all and almost in the very next Words confesses he was not there at the beginning Not there Yet he saw it My Lords if you mark it this is a wholsom Oath He says That then the Church-Yard was Consecrated by it self It was ever so the one Act must follow the other though both done the same Day For the Places being different the Act could not pass upon them at the same time Then he said there were Fees required and a good Eye had to the Money This is a poor Objection against me If the Officers did exact any Money without Rule or beyond President let them answer for it But for that which was said to belong to me I presently gave it to the Poor of the Parish And this Mr. Dell my Secretary then present attested to the Lords Lastly he said they were not New Churches Let him look to his Oath again for 't is notoriously known they were both New Built from the Ground and St. Giles not wholly upon the Old Foundation The Third Charge was laid on me only by Mr. Nieolas and without any Witness It was That I out-went Popery it self for the Papists Consecrated Churches only but I had been so Ceremonious that I had Consecrated Chappels too My Lords the use of Chappels and of Churches in regard of God's Service is the same Therefore if Consecration be fit for the one it must needs be for the other And the Consecrations of Chappels was long before Popery came into the World For even Oratories Newly Built were Consecrated in or before Eusebius his Time And he Flourished about the Year of Christ 310. So ancient they are in the course of Christianity and for any Prohibition of them there is neither Law nor Canon in the State or Church of England that doth it The Chappels they instance in are Three First they say I Consecrated a Chappel of the Right Honourable the Lord Treasurer Weston's I did so and did no harm therein As for the touch given by the way upon that Honourable Person he is gone to God I have nothing to do with it Secondly they Instanced in a Chappel of Sir John Worstenham's Building 'T is true I Consecrated that too but that was a Parish-Church Built in the Place where he was born and it was in my Diocess and so the Work proper for me The Third Instance was in my own Chappel in my House at Aberguilly when I was Bishop of St. Davids the Room lay waste and out of Repair and I fitted it at my own Cost and Consecrated it into a Chappel that House having no Oratory before Here they farther aggravated many circumstances As First that I named it at the Dedication The Chappel of S. John the Baptist. I did so Name that Chappel in Memory of the College where I was Bred which bears the same Name but I dedicated it to God and his Service And to give the Names of Angels and Saints to Churches for distinction sake and for the Honour of their Memory is very Ancient and Usual in the Church as appears in S. Augustin and divers others of the Fathers but Dedicated only to God Which in the midst of Superstitious times the School it self confesses So yet no Offence Secondly That I did it upon the 29th of August And why might I not do it that Day as well as upon any other But resolving to Name the Chappel as I did I the rather made choice of that Day both because it was the Day of the Decollation of S John the Baptist and because as upon that Day God had wonderfully Blessed me in the Hearing of my Cause concerning the Presidentship of S. John's College in Oxford by King James of ever blessed Memory So yet no Offence Thirdly there was a Paper read and Avowed to be mine in which was a fair description of Chappel Furniture and Rich Plate and the Ceremonies in use in that Chappel and Wafers for the Communion At the reading of this Paper I was a little troubled I knew I was not then so Rich as to have such Plate or Furniture and therefore I humbly desired sight of the Paper So soon as I saw it I found there was nothing in it in my Hand but the Indorsement which told the Reader plainly that it was the Model of Reverend Bishop Andrews his Chappel with the Furniture Plate Ceremonies therein used and all Things else And this Copy was sent me by the Household Chaplain to that Famous Bishop This I laid open to the Lords and it would have made any Man ashamed but Mr. Pryn who had delivered upon Oath that it was a Paper of my Chappel Furniture at Aberguilly contrary to his Conscience and his own Eye-sight of the Paper And for 〈◊〉 I never either gave or received the Communion but in Ordinary Bread At Westminster I knew it was sometimes used but as a thing indifferent As for the Slur here given to that Reverend Dead Bishop of Winchester it might well have been spared he deserved far better usage for his Service to the Church of England and the Protestant Cause The Fourth Charge was the Publishing the Book of Recreations And it was ushered in with this Scorn upon me That I laboured to put a Badge of Holiness by my Breath upon Places and to take it away from Days But I did neither the King commanded the Printing of it as is therein attested and the Warrant which the King gave me they have And though at Consecrations I read the Prayers yet it was God's Blessing not my Breath that gave the Holyness And for the Day I ever laboured it might be kept Holy but yet free from a Superstitious Holyness And First it was said That this was done of
purpose to take away Preaching But First there is no Proof offered for this And Secondly 't is impossible For till the Afternoon Service and Sermon were done no Recreation is allowed by that Book nor then to any but such as have been at both Therefore it could not be done to take it away Thirdly the Book names none but Lawful Recreations Therefore if any unlawful be used the Book gives them no Warrant And that some are Lawful after the Publick Service of God is ended appears by the Practice of Geneva where after Evening Prayer the Elder Men Bowl and the Younger Train And Calvin says in express Terms That one Cause of the Institution of the Sabbath was that Servants might have a Day of rest and remission from their Labour And what time of the Day fit if not after Evening Prayer And what Rest is there for able Young Men if they may use no Recreation Then it was urged That there was great Ryot and Disorder at Wakes kept on the Lords Day That is a very sufficient Cause to regulate and order those Feasts but not quite to take them away I make no doubt for my part but that the Feast of the Dedication was abused by some among the Jews and yet Christ was so far from taking it away for that as that he honoured it with his own Presence S. John 10. As for the Paper which was read containing three Causes why that Book was Published that was a Note taken for my own Private Use and Memory Then came in Mr. Pryn who said that the Lord Chief Justice Richardson had made an Order in his Circuit against these Wakes and was forced to revoke it This was done by Authority as is before answered to which I refer my self Here 't is added to help fill up the Noise But Mr. Pryn says That all the Gentlemen in the Country Petitioned on the Judges behalf No there was a great Faction in Sommersetshire at that time and Sir Robert Philips and all his Party writ up against the Judge and the Order he made as was apparent by the Certificates which he returned And Sir Robert was well known in his time to be neither Popish nor Prophane He says farther That William then Earl of Pembrooke was out of Town and the Book Printed in the Interim by my Procurement But for this last here 's not one Word of Proof offered and so I leave it The Fifth Charge was that some Ministers were punished for not reading this Book Witnesses for this were produced 1. The First was Sir Nathaniel Brent who says he had Charge from me to call for an account of not reading this Book both in my Province at my Visitation and in my Diocess His Majesty having Commanded this I could do little if I had not so much as inquired what was done And he confesses that for my Province he gave time to them which had not read it and then never asked more after it So here was no eager Prosecution But then he says that three in my Diocess stood out and asked time And confesses that I granted it But adds that when he asked more time for them I denyed and that they were then suspended ab Officio only I thought I had reason to deny when I saw they did but dally by asking time And it was then evident that in the Diocess of other Bishops far more than Three were punished and their Punishment greater However this my proceeding was far from Rigour And this was the Answer that I gave Mr. Brown who in the Summ of his Charge instanced in this Particular against me 2. The Second witness was Mr. Culmer one of the Three Ministers that was suspended He says That he was suspended by Sir Nathaniel Brent and that when he came to me about it I said If you know not how to Obey I know not how to Grant your Petition Truly my Lords finding him both Wilful and Ignorant I cannot tell what I could say less He says that his Patron took away his Benefice Why my Lords he had none he was only a 〈◊〉 and God knows unfit for that So being Suspended from his Office this must needs be done He says he was not absolved till the Scots came in and that he was Conformable in all things else For the time of his Absolution I leave that to the Record But for his Conformity in other things 't is more than ever I heard of any This I can say for him he is good at Purchasing a Benefice For he offered a Servant of mine One Hundred and Fifty Pound so he could procure me but to Name him to the Parliament for Chartham in Kent Since I have heard he is as good at doing Reverence in the Church For he 〈◊〉 in the Body of the Cathedral at Canterbury at Noon-Day as will be Justified by Oath And for this very Particular the Book of Recreations he informed at the Council-Table against a Gentleman of Quality for saying it was unfit such Books should be sent for Ministers to read in the Church And was himself laid by the Heels for the Falshood of this Information So he is very good at the point of Conscience too that can refuse to read the Book as being unfit and complain to have another Punished for saying 't is so 3. The Third Witness is Mr. Wilson He says That I sent to Sir Nath. Brent to Suspend him That is true but it was when he would neither Obey nor keep in his Tongue He says his Living was Sequestred for almost Four Years But it was not for Not Reading this Book For himself confesses it was done in the High-Commission and that for Dilapidations in Not Repairing his House 4. The Fourth Witness was one Mr. Snelling a Minister in the Diocess of Rochester All that was done against this Man was openly in the High-Commission Court And there he was Censured for other things as well as for this Himself confesses his open refusing to Bow at the Name of Jesus though the Canon of the Church Command it I kept him off from being Sentenced a long time and when he was Sentenced he confesses I was not present He says somewhat was expunged out of his Brief If it were it was with the consent of his Councel which in that Court was ordinary Howsoever it cannot touch me For those things were done at Informations where I was not present He says that when I heard of the Nature of his Defence I said If any such Defence were put in it should be burnt This was upon just Complaint of the Judge then present at Informations affirming it was against all the course of that Court He says there is no Penalty mentioned in that Declaration And I say his Obedience and other Mens should have been the more free and chearful Well I pray God keep us in the mean in this business of the Sabbath as well as in other things that we run not
all the Proof here made mentions him only by whom the Kings Pleasure is signified not him that procures the Preferment So the Docket in this Case no Proof at all The Fifth Charge was a Paper Intituled Considerations for the Church Three Exceptions against them The Observation of the King's Declaration Art 3. The Lecturers Art 5. And the High-Commission and Prohibitions Art 10 11. The Paper I desired might be all Read Nothing in them against either Law or Religion And for Lecturers a better care taken and with more Ease to the People and more Peace to the Church by a Combination of Conformable Neighbouring Ministers in their turns and not by some one Humorous Man who too often mis-leads the People Secondly my Copy of Considerations came from Arch-Bishop Harsnet in which was some sour Expression concerning Emanuel and Sidney Colleges in Cambridge which the King in his Wisdom thought fit to leave out The King's Instructions upon these Considerations are under Mr. Baker's Hand who was Secretary to my Predecessor And they were sent to me to make Exceptions to them if I knew any in regard of the Ministers of London whereof I was then Bishop And by this that they were thus sent unto me by my Predecessor 't is manifest that this account from the several Dioceses to the Arch-Bishop and from him to his Majesty once a Year was begun before my time Howsoever if it had not I should have been glad of the Honour of it had it begun in mine For I humbly conceive there cannot be a better or a safer way to preserve Truth and Peace in the Church than that once a Year every Bishop should give an account of all greater Occurrences in the Church to his Metropolitan and he to the King Without which the King who is the Supream is like to be a great Stranger to all Church Proceedings The Sixth Charge was about Dr Sibthorp's Sermon that my Predecessor opposed the Printing of it and that I opposed him to Affront the Parliament Nothing so my Lords Nothing done by me to oppose or affront the One or the Other This Sermon came forth when the Loan was not yet settled in Parliament The Lords and the Judges and the Bishops were some for some against it And if my Judgment were Erroneous in that Point it was mis-led by Lords of great Honour and Experience and by Judges of great knowledge in the Law But I did nothing to affront any 'T is said that I inserted into the Sermon that the People may not refuse any Tax that is not unjustly laid I conceive nothing is justly laid in that kind but according to Law Gods and Mans. And I dare not say the People may refuse any thing so laid For Jus Regis the Right of a King which is urged against me too I never went farther than the Scriptures lead me Nor did I ever think that Jus Regis mentioned 1 Sam 8 is meant of the Ordinary and just Right of Kings but of that Power which such as Saul would be would assume unto themselves and make it right by Power Then they say I expunged some things out of it As first The Sabbath and put instead of it the Lords Day What 's my Offence Sabbath is the Jews Word and the Lords-Day the Christians Secondly about Evil Counseilors to be used as Haman The Passage as there Expressed was very Scandalous and without just Cause upon the Lords of the Council And they might justly have thought I had wanted Discretion should I have left it in Thirdly that I expunged this that Popery is against the first and the second Commandment If I did it it was because it is much doubted by Learned Men whether any thing in Popery is against the first Commandment or denies the Unity of the God-head And Mr. Perkins who Charges very home against Popery lays not the Breach of the first Commandment upon them And when I gave Mr. Brown this Answer In his last Reply he asked why I left out both Why I did it because its being against the second is common and obvious and I did not think it worthy the standing in such a Sermon when it could not be made good against the first But they demanded why I should make any Animadversions at all upon the Sermon It was thus The Sermon being presented to his Majesty and the Argument not common he committed the Care of Printing it to Bishop Mountain the Bishop of London and four other of which I was one And this was the Reason of the Animadversions now called mine As also of the Answer to my Predecessors Exceptions now Charged also and called mine But it was the Joint Answer of the Committee And so is that other Particular also In which the whole Business is left to the Learned in the Laws For though the Animadversions be in my Hand yet they were done at and by the Committee only I being puny Bishop was put to write them in my Hand The Seventh Charge was Dr Manwaring's Business and Preferment It was handled before only resumed here to make a Noise and so passed it over The Eighth Charge was concerning some Alterations in the Prayers made for the Fifth of November and in the Book for the Fast which was Published An 1636. And the Prayers on Coronation Day 1. First for the Fast-Book The Prayer mentioned was altered as is Expressed but it was by him that had the Ordering of that Book to the Press not by me Yet I cannot but approve the Reason given for it and that without any the least approbation of Merit For the Abuse of Fasting by thinking it Meritorious is the thing left out whereas in this Age and Kingdom when and where set Fastings of the Church are cryed down there can be little fear of that Erroneous Opinion of placing any Merit in Fasting 2 Secondly for the Prayers Published for the Fifth of November and Coronation Day The Alterations were made either by the King himself or some about him when I was not in Court And the Books sent me with a Command for the Printing as there altered I made stay till I might wait upon his Majesty I found him resolved upon the alterations nor in my judgment could I justly except against them His Majesty then gave Warrant to the Books themselves with the alterations in them and so by his Warrant I commanded the Printing And I then shewed both the Books to the Lords who Viewed them and acknowledged his Ma jesty ' Hand with which not his Name only but the whole Warrant was written And here I humbly desired three things might be observed and I still desire it First with what Conscience this passage out of my Speech in the Star Chamber was urged against me for so it was and fiercely by Mr. Nicolas to prove that I had altered the Oath at the King's Coronation because the Prayers appointed for the Anniversary of the Coronation were
thus That God would preserve the Prince in the true Religion of which there was cause to fear Could this Prayer have any other Operation upon the People than to make them think his Majesty was careless in the Education of the Prince especially in point of Religion And this was so Grievous and Graceless a Scandal cast upon a Religious King as nothing could be greater Upon the matter it was the shew of a Prayer for the Prince but was indeed to destroy the King in the Hearts of his People And had I not there consented to his Punishment I had deserved to be punished my self Mr. Brown when he repeated the Summ of the Evidence laid this Charge upon me but spake not one Word to my Remembrance of this Answer given to it The Ninth Charge That I did Extol Queen Mary's Days The Proof for it was taken out of the Preface to the Statutes of the Vniversity of Oxford I took a great deal of pains about those Statutes and might justly have expected Thanks for it not such an Accusation But as for the Preface it was made and Printed at Oxford I medled not with it I could trust the University with little if not with the making of a Preface If they have done any thing amiss in it let them answer it The Passage was about certain Offers made to amend those Confused Old Statutes both in Ed. 6. and Queen Mary's Days but no Effect came of the pains then taken Recruduit Labor says the Preface So that this I can answer for them There 's not a Word spoken of Religion but of Manners only and that as much in relation to the Times of Princes following as Hers. For the Words to my remembrance are Interim optandâ Temporum Foelicitate c. And that Interim cannot be restrained to Queen Mary's Days only but must include the whole Interim or middle distance of Time to that present in which I setled the Body of their Statutes that is all Queen Elizabeth's and King James his Days which I think no Man can deny was Optanda Temporum Foelicitas Here Mr. Nicolas confessed there was no down-right Proof against me That was his Phrase But he added that was not to be expected in such a Work of Darkness Then he produced a Paper found in my Study Printed at Rome So were divers of my Books Printed there What of this They may Print what they will at Rome I cannot hinder it And I may have and keep whatever they Print no Law forbidding it Then he shewed a Letter sent unto me from Mr. Graves The Gentleman is at this present Fellow of Merton College in Oxford a great Traveller and a Man of great Worth As far as I remember his Letter came to me from Alexandria It was fit to be sent and kindly received as by me it was I desired it might be read Then were mentioned Sir William Boswell's Letters and the Papers sent by Andreas ab Habernfeld about a great Plot to destroy the King and Religion and that I concealed these Papers I might have been amazed at the Impudence of this Charge above all the rest Diaboli Impudentia the Devils Impudence and no less as S. Augustin speaks in another Case Did I conceal these Papers First the same Day that I received them I sent them by an Express to his Majesty I had a speedy Answer from his Majesty and that I returned with equal speed to his Majesty's Agent Sir William Boswell as I was commanded And this Mr. Pryn and Mr. Nicolas knew For Mr. Pryn took all these Letters and Papers from me when he searched me at the Tower and out of them made his Book called Rome's Masterpiece Excepting the Slanders which he hath Jugled in of his own So soon as his Majesty came home I humbly besought him that he would be pleased to appoint a time and call some Lords to him to hear and examine the Business and this Examination continued till I was Committed What was after done I cannot account for Besides my Lords it appears by those Paprs that my Life was sought for because I would not give way to the Change of Religion and Mr. Pryn himself hath Printed this and yet now Mr. Nicolas from his Testimony presses these Papers against me But the King and the Lords and both Secretaries of State then present can witness that I took all the Care and Pains above-mentioned to have it sifted to the Bottom Notwithstanding all this Mr. Nicolas falls upon this Plot again upon the next Day of my Hearing as if nothing had been said unto it And was so shameless as to say that I followed this Business so long as I thought the Plot was against the Puritans But so soon as I found it was against the Papists I kept it secret till Mr. Pryn discovered it in his search of my Papers Where First there 's no one Word in all the Papers to make me or any Man think the Puritans were concerned in it And Secondly I did not sleep upon the Receipt of these Papers till I had sent them to his Majesty But I had reason to keep the Papers as safe as I could considering how much they justifie me against these foul Calumnies put upon me Then followed the Charge of Sancta Clara's Book alias Monsieur St Giles So they expressed it and I must follow the way they lead me First then they Charge that I had often Conference with him while he was writing his Book Intituled Deus Natura Gratia No he never came to me till he was ready to Print that Book Then some Friends of his brought him to me His Suit then was That he might Print that Book here Upon Speech with him I found the Scope of his Book to be such as that the Church of England would have little Cause to thank him for it And so absolutely denyed it Nor did he ever come more at me after this but twice or thrice at most when he made great Friends to me that he might Print another Book to prove that Bishops are by Divine Right My Answer then was that I did not like the way which the Church of Rome went in the Case of Episcopacy And howsoever that I would never give way that any such Book should be Printed here from the Pen of a Romanist and that the Bishops of England were able to defend their own Cause and Calling without calling in Aid from Rome and would in due time Maintenance he never had any from me nor did I then know him to be a Priest Nor was there any Proof so much as offered in contrary to any of this 2. Secondly they did specially except against a Passage in the Licenser and another at the end of the Book The Book was Printed at Lions where I could not hinder the Printing either of the whole or any part This might have been something had I Licensed it here But that I constantly denyed 3. Thirdly
Chamber-Fellow in Oxford when we were Boys together I am sure he was then no Priest and he was but a Boy when he left the College He confesses that I gave Order to observe who and how many resorted to Embassadours Houses and Signior Conn's and says he thought I could prove it But I believe he would never have confessed it but that he knew I could prove it And thereupon I shewed the Lords many Papers certifying me what Numbers were found resorting to each place respectively And Thomas Mayo's Hand to many of those Papers He says he took one Peter Wilford and brought him to me to Whitehall while Sir Jo. Lambe was with me But he confesses withal that Wilford then shewed Mr. Secretary Windebank's Warrant to Discharge him And then what could I do to him Nay I have some Cause to think he would never have apprehended him had he not known he had that Warrant Lastly he says that once at the Star-Chamber I told him he was too quick and nimble for me And I hope it is no Treason if I did say so Nor could I mean he was too quick in apprehending Priests for I found both him and his Fellows after Crosse's Death slow enough at that But if I said so it was because I could not tell how to trust his Shifting and his Wyliness 4. The Fourth Witness was Elizabeth Graye Wife to another Messenger And this is a very fine Witness For first she says Her Husband was committed by my Means And then with a Breath she says She doth not know by whom he was committed but she thinks by Secretary Windebank and me But since she doth not know but think only I hope her Thinking can be no Evidence She says that she delivered me a Petition and that I flung it away saying I would not meddle with any Priest-catching Knave The Witness single and I doubt doating and the Words far from Treason 5. The Fifth Witness was John Cooke a Messenger too and one that for his Misdemeanour had stood in the Pillory This I urged against him as unfit to witness against me My Witness that saw him in the Pillory was so threatned that he sent me word he durst not come I may not say from whom this Threatning came But the thing was so true that Cooke himself confessed it but excused the Cause And his Testimony received He told how Fisher the Jesuit was taken by Graye That when he was brought to the Council-Table Secretary Cooke and I went to the King to know his Pleasure about him That we brought back word from his Majesty to the Lords that he should be Banished All this while here 's no hurt done Then he says that notwithstanding this Order of his Majesty Graye and he met Fisher at Liberty by a Warrant from Secretary Windebank That hereupon Graye repaired to Secretary Cooke and to me and that Dell told him I would not meddle with it My Secretary must answer this I remember it not But if Mr. Dell received any such Answer from me that I would not meddle with it there were two apparent Reasons for it One that I would not meddle with it alone his Majesty's Order being to all the Lords The other that Fisher was the Man I had written against and Men would have been apt to say that when I could not answer I sought means to destroy So I no way fit alone at least to meddle with him of all Men. He says that Graye was committed to the Fleet for Railing on me in my own House Yet he confesses that he was not committed by me And I presume your Lordships will think there was Cause of his Commitment if he did Rail upon me And 't is confessed by Mr. Pryn though he had then received no Answer from my self that he said he saw now how the Game went and hoped e're long to see better Days c. He says that Smith alias Fludd desired Sir Kenelm Digbye as he was going to Lambeth to tell me that he could not Dine with me that Day but desired his Business might be remembred No such Man ever Dined at my Table to my knowledge And if any Priest would say so to Sir Kenelm how could I possibly hinder it And Sir Kenelm when this Cooke was Examined was a Prisoner in Winchester-House why was not he Examined to sift out this Truth If Truth be in it 6. The Sixth Witness was John Thresher a Messenger too He says that he took Mors and Goodwin two Priests and that Secretary Windebank took away his Warrant and dismissed them saying he would speak with me about it And that when he came to me I was angry with him about the Warrant Mr. Secretary Windebank will I hope be able to answer for his own Actions Why he dismiss'd the Priests I know not But he had great Reason to take away his Warrant And I a greater Reason to be angry with him for it For no Warrant can issue from the High-Commission Court but under three of their Hands at least Now Thresher having gotten my Hand to the Warrant never goes for more Hands but proceeds in his Office upon this unwarrantable Warrant Had not I Reason to be offended at this He says that at the same time I said that Graye was an ill-tongued Fellow and that if he kept him Company I should not regard him I had good Cause to say this and more considering how Graye had us'd me And I believe no Arch-Bishop would have born his Words Lastly he says that by a Warrant from me he Arrested Sir Toby Matthewe and that the Earl of Strafford stayed him from going to Prison saying he should answer it before the Lords Here by the Witness himself it appears that I did my Duty And Sir Toby did appear before the Lords as was assumed he should In the mean time I was complained of to the Queen And a great Lady who perhaps made the Complaint stood by and made her self Merry to hear me chid The Queen was pleased to send to the Lords and Sir Toby was released Where my Fault was in all this I do not yet see 7. The last of these famous Witnesses was Goldsmith Who says nothing but that one Day before the High-Commission Court began I forewarned the Messengers of that Court of Graye in regard he was openly spoken against at the Council-Table Which all things considered I had great Reason to do He says likewise that then Graye's Wife tender'd me a Petition which I rejected saying I would meddle with no Priest-catching Knaves I think his Carriage deserv'd no better of me than to reject his Petition But as for the Words I cannot own them let the Goldsmith look to it that he have not Forged them And I would very willingly know whether when the Apostle required that an Accusation should not be received against an Elder but under two or three Witnesses 1 Tim. 5. he had any meaning they should be such as
these The Ninth Charge was about the ordering of Popish Books that were seized and the disposing of them The sole Witness here is John Egerton He says These Books were delivered to Mr. Mattershead Register to the High-Commission And I say so too it was the constant Course of the High-Commission to send them thither and have them kept in that Office till there was a sufficient number of them and then to burn them Yea but he adds that Mattershead told him they were re-delivered to the Owners This is but a Report and Mattershead is dead who should make it good And though this be but a single Witness and of a dead Man's Report yet Mr. Browne thought fit to Summ it up with the rest But surely if any Books were redelivered to the Owners it was so ordered by the High-Commission in regard the Books were not found dangerous From me Mattershead had never any such Command Lastly he says he met Sir Toby Matthew twice at Lambeth But he confesses he never saw him with me and then me it cannot concern The Tenth Charge was concerning the Priests in Newgate the Witnesses are Mr. Deuxel and Francis Newton They both agree and they say that the Priests there had the best Chambers and Liberty to go abroad without Keepers I hope these Men do not mean to make the Arch-Bishop of Canterbury Keeper of Newgate If any Man gave them this Liberty he is to be blamed for it not I who never knew it till now Nor do either of these Witnesses say that they called on me for remedy or ever did so much as acquaint me with it And they say this was Twelve Years since and I had been Arch-Bishop but Seven Years when I was Committed The Eleventh Charge was about words in my Epistle Dedicatory before my Book against Mr. Fisher. The Words these For to my remembrance I have not given him or his so much as course Language So the Charge is because I have not given ill Words And here Mr. Nicolas fell foul upon me again for taking such care that the Whore of Babylon may have nothing but good Words c. But First my Lords I have always thought and do still that ill Language is no Proof against an Adversary All the good it can do is it may bring Scorn upon the Author and work hardness of Heart in the Adversary whom he doth or should labour to Convert And this I learned of two eminent Fathers in the Church Gregory Nazienzen and S. Augustin The First would not use it no not against the Arrians who as he saith made open War against the Deity of Christ. Nor would the other against the same Adversaries The one accounts it Ignorance though a Fashion taken up by many and the other loss of time And here I desired the Lords that I might read what immediately followed this Passage which was granted And there as their Lordships did so may the Reader see if he please that though my Words were not uncivil yet in the Matter I favoured neither him nor his And to avoid Tediousness thither I refer the Reader With this that sometimes Men apt enough to accuse me can plead for this Moderation in their own Cases and tell each other that Christ will not own bitterness in maintaining any way though consonant to his Word And another finds just Fault both with Papists and Martin Marr-Prelat for this reproachful Language And yet it must be a Crime in me not to use it The Last Charge was the Commitment of one Ann Hussy to the Sheriff of London The Business was this She sent one Philip Bambridge to tell me of I know not what Plot against the King nor I think she neither Bambridge came to White-Hall toward the Evening and could make nothing of this dangerous Plot. Yet because it pretended so high I sent him presently to Mr Secretary Windebank I being the next Morning to go out of Town The Business was called to the Council-Table When I came back I was present there Bambridge produced Ann Hussy but she could make nothing appear She says I thought she was out of her Wits Not so my Lords but I did not think she was well in them nor do I yet And whereas she complains of her Imprisonment it was her own desire she might be committed to the Sheriff and Mr. Hearn my Councel here present was assigned by the Lords to take her Examination Therefore if any Particular in this Charge stick with your Lordships I humbly desire Mr. Hearn may supply my want of Memory But it passed over as well it might Here this Day ended and I was ordered to attend again July 29. CAP. XLII The Twentieth and the Last Day of my Hearing THis Day I appeared again and they proceeded upon the Fourteenth Original Article which Follows in these Words Art 14. That to preserve himself from being questioned for these and other his Traiterous Courses he hath laboured to subvert the Rights of Parliaments and the ancient Course of Parliamentary Proceedings and by false and malicious Slanders to incense his Majesty against Parliaments By which Words Councels and Actions he hath Traiterously and contrary to his Allegiance laboured to alienate the Hearts of the King's Liege People from his Majesty to set a Division between them and to ruine and destroy his Majesty's Kingdoms For which they do Impeach him of High-Treason against our Soveraign Lord the King his Crown and Dignity The First Charge of this Day was Prefaced with a Note out of my Diary at May 8. 1626. That the Duke of Buckingham was that Day impeached to the Lords by the House of Commons And at May 25. The difference arising in the House of Peers about the Earl of Arundel's Commitment to the Tower without a Cause declared No use made of these but that I then Bishop of S. Davids took notice of these things Then the Charge followed and the First of it was That I then being of the Lords House and so to be one of the Duke's Judges made a Speech for him and Corrected his Speech in some particulars and of a Judge made my self an Advocate Which Mr. Nicolas said was a great Offence I saw not these Papers and therefore can say nothing what is or is not under my Hand But to the thing it self I say first that if in that Speech any particular Fault had been found impeaching any Right or Power of Parliament that I must have answered but none is charged but only the bare making of one Speech and the mending of another And this is a very poor Argument of any Enmity against Parliaments Secondly seeing no Fault is charged upon me in particular it was but the Office of a poor Friend to a great one to whom being so much bound as I was I could not refuse so much Service being intreated to it And Thirdly I do humbly conceive that so long as there
traduce no Man's Justice First because they depend upon an If If the Parliament-Man there mentioned told me Truth that such a Resolution was taken And Secondly because it can be no Justice in any Men be the Sentence never so moderate in it self to take up a Resolution what Sentence shall pass before Answer given or Charge put in For else a Man may be punished first and tryed after which is contrary to all Rules of Justice And therefore if such a Resolution were taken as I believe not I might well say that which followed after Then was produced a Paper concerning the Subsidies or Aids which had been given in divers Parliaments in which it is said at the beginning of it that Magna Charta had an obscure Birth and was Fostered by an Ill Nurse I believe that no Man that knows Mr. Nicolas thinks that he spakes softly upon this No he spake loud enough What Laws would I spare that spake thus of Magna Charta First here is no Proof offered that this Paper is my Collection but only that it is in my Hand By which Argument as is said before I may be made the Author of any thing And so may any Scholar that is able and willing to inform himself Secondly the main Draught of that Paper is not in my Hand though some Notes upon it be Thirdly there are Littleton and other Lawyers quoted in that Paper Authors which I never read Nor is this now any disgrace to Magna Charta that it had an obscure Birth For say the Difficulties of the times brought it obscurely forth that 's no blemish to the Credit and Honour to which it hath for many Ages attained Not only their Laws but the greatest Empires that have been in the World some of them have had obscure beginnings Witness the Roman Empire Fourthly what if our Stories agree upon it that it had an obscure Birth and a worse Nurse What if some Law Books which Mr. Nicolas never read and those of good account use almost the same Words of Magna Charta which are in that Paper Shall the same Words be History and Law in them and Treason in me And somewhat certainly there is in it that Mr. Brown when he gave his Summary Charge against me First to the Lords and after in the House of Commons quite omitted this Particular Sure I believe he found nothing was in the Paper but known Truth and so passed it over else he would never have denyed a Vindicaton to Magna Charta After all this Mr. Nicolas concludes with a Dream which he says was mine The Dream he says was that I should come to greater Preferment in the Church and Power in the State than any Man of my Birth and Calling had done before me but that in the end I should be Hanged First my Lords if I had had any such Dream 't is no Proof of any thing against me Dreams are not in the Power of him that hath them but in the unruliness of the Phansie which in broken sleeps wanders which way it pleases and shapes what it pleaseth But this Dream is brought in as the Fall of my Picture was to make me a Scorn to your Lordships and the People And to try whether any thing will yet at last break my Patience This Dream is Reported here according to Mr. Pryn's Edition of my Diary somewhat different from that which Mr. Pryn Printed in a former Book of his but the beginning and the end agree From Mr. Pryn Culmer hath taken and Printed it And Mr. Pryn confessed before the Lords that one Mr. Badger an Attorney at Law a Kinsman of mine told it him The Truth my Lords is this This Badger Married a near Kinswoman of mine he was a notorious Separatist and so nearer in Affection to Mr. Pryn than to me in Alliance This Man came one day to me to Lambeth and told me privately which was more Manners than usually the Bold Man had that he heard I had such a Dream when I was Young in Oxford I protested to him there was no such thing and that some Malicious Fellow or other had set him on work to come and Abuse me to my Face He seemed satisfied but going to Visit Mr. Pryn then in the Tower he told it him and Mr. Pryn without further Proof Prints it in the next Book he set out When I saw it in Print and found that some in Court took notice of it I resolved to acquaint his Majesty how I was used and meeting with the Earl of Pembroke then Lord Chamberlain and my great Friend as he pretended the King being not then come forth of his Chamber I told his Lordship how I was used and when the King came forth I told it him also But the Earl of Pembroke then present in the House and called up by them for a Witness forgetting the Circumstances but remembring the thing took it upon his Honour that I said nothing of Mr. Pryn's Printing it but that I told him absolutely I had this Dream Now God forgive his Lordship I was much troubled in my self to hear him take it upon his Dishonour for so it was and yet unwilling knowing his Violence to contest with him in that place and in my Condition and observing what Spleen he hath lately shewed against me I stood a little still to gather up my self When Mr. Nicolas before I could make any reply fell on with great earnestness and told the Lords that the forepart of my Dream was found true to the great hurt both of Church and State and that he hoped they would now make good the latter That I might be Hanged To which I Answer'd That I had not forgotten our Saviour's Prediction St. John 16. That in the World we should be sure to meet with affliction Nor his Prayer Father forgive these Men for they know not what they do St. Luke 23. No nor is that out of my Memory which St. Paul speaks 1 Cor. 4. De Humano Die But for the Publick with this I shall conclude God of his Infinite Mercy Bless the King and his People with Love and Peace and Piety and Plenty which is the worst I ever wished or endeavoured whatsoever it shall please God shall become of me to whose Blessed Will and Pleasure in all Humility I submit my self And here ended this last day of my Tryal But before I went from the Bar I made three Motions to the Lords The one That I might have a day to make a Recapitulation of this long and various Charge or of the chief Heads of it that it might appear in a Body together The other That after this my Councel might have a day to speak to all Points of Law incident to my Cause The third That they would be pleased to remember that I had pleaded the Act of Oblivion to the Thirteenth Original Article Mr. Nicolas said they would acquaint their House with it And the Lords
promised to take all into Consideration And so I was dismissed Sine Die But here I may not go off from this Dream so since Mr. Pryn hath Printed it at the end of my Diary Where he shamelesly says This Dream was Attested from my own Mouth at my Tryal in the Lords House For I have set down all that pass'd exactly Nor did I then give any Attestation to it only before I could gather up my self to Answer the Earl of Pembroke in a fitting manner and not to hurt my self Mr. Nicolas fell upon me with that Unchristian bitterness as diverted me from the Earl to Answer him But once for all and to satisfie any Man that desires it That is all true which I have here set down concerning this Dream and upon my Christianity and hope of future Salvation I never had this Dream nor any like it nor did I ever tell it this Lord or any other any other way than in Relation to Badger and Pryn as is before related And surely if I had had such a Dream I should not have had so little Discretion as to tell it any Man least of all to pour it into that Sieve the Earl of Pembroke For that which follows and wherein his Charity and Words are almost the same with those of Mr. Nicolas I give him the same Answer and forgiving him all his most Unchristian and Insatiable Malice against me leave my self in the Hands of God not in his I Received an Order from the Lords that if I had a mind to make a Recapitulation as I had formerly desired of my long and various Charge I should provide my self for it against Munday next this Order came upon Friday and that I should give in my Answer the next Morning what I meant to do The next day in Obedience to this Order I gave in my Answer which was Humble Thanks that I might have liberty to make it referring the day to their Honourable Consideration with this that Munday next was a very short time for such a Collection Upon this Answer an Order was presently made that I should provide to make my Recapitulation upon Munday September the Second And about this time the certain day I know not it was Resolved in the House of Commons that according to my Plea I should enjoy the benefit of the Act of Oblivion and not be put to Answer the Thirteenth Original Article concerning the Scottish Business And truly I bless God for it I did not desire the benefit of that Act for any Sense of Guiltiness which I had in my self but in Consideration of the Times and the Malice of the now Potent Faction which being implacable towards me I could not think it Wisdom to lay by any such Power as might help to secure me Yet in the former part of this History when I had good Reason to think I should not be called to Answer such General Articles I have set down my Answer to each of them as much as Generals can be Answer'd And thereby I hope my Innocency will appear to this Thirteenth Article also Then came Munday Sept. 2. and according to the Order of the Lords I made the Recapitulation of my whole Cause in matters of greatest Moment in this form following But so soon as I came to the Bar I saw every Lord present with a New Thin Book in Folio in a blue Coat I heard that Morning that Mr. Pryn had Printed my Diary and Published it to the World to disgrace me Some Notes of his own are made upon it The first and the last are two desperate Untruths beside some others This was the Book then in the Lords Hands and I assure my self that time picked for it that the sight of it might damp me and disinable me to speak I confess I was a little troubled at it But after I had gathered up my self and looked up to God I went on to the Business of the Day and thus I spake CAP. XLIII My Recapitulation Mr. Lords my Hearing began March 12. 1643 4. and continued to the end of July In this time I was heard before your Lordships with much Honour and Patience Twenty Days and sent back without Hearing by reason of your Lordships greater Employments Twelve Days The rest were taken up with providing the Charge against me And now my Lords being come near an end I am by your Grace and Favour and the leave of these Gentlemen of the Honourable House of Commons to represent to your Lordships and your Memories a brief Summ of my Answers to this long and various Charge In which I shall not only endeavour but perform also all possible Brevity And as with much Thankfulness I acknowledge my self bound to your Lordships for your Patience So I cannot doubt but that I shall be as much obliged for your Justice in what I am innocent from Crime and for your Clemency in what the common Frailty of Mankind hath made me Err. And I Humbly desire your Lordships to look upon the whole Business with Honourable Care of my Calling of my Age of my long Imprisonment of my Sufferings in my Estate and of my Patience in and through this whole Affliction The Sequestration having been upon my Estate above Two Years In which notwithstanding I may not omit to give Thanks for the Relief which my Petitions found for my present necessities in this time of my Hearing at your Honourable Hands 1. First then I humbly desire your Lordships to remember the generality and by occasion of that the incertainty of almost every Article charged upon me which hath cast me into great streights all along in making my Defence 2. Next That your Lordships will be pleased to consider what a short space upon each Days Hearing hath been allowed me to make my Answer to the many Charges in each several Day laid against me Indeed some Days scarce time enough to peruse the Evidence much less to make and then to review and weigh my Answers Especially considering to my greatest Grief that such a Charge should be brought up against me from so Great and Honourable a Body as the Commons of England In regard of which and all other sad Occasions I at first did and do still in all Humility desire that in all Particulars concerning Law my Councel may be heard before your Lordships proceed to Sentence and that a Day may be assigned for my Councel accordingly 3. Thirdly I heartily pray also that it may be taken into your Honourable Consideration how I have all manner of ways been sifted to the very Bran for that what e're it amounts to which stands in Charge against me 1 The Key and use of my Study at Lambeth Books and Papers taken from me 2 A Search upon me at the Tower made by Mr. Pryn and One and Twenty Bundles of Papers prepared for my Defence taken from me and not Three Bundles restored to me again This Search made before any Particular Articles
at Council-Table High Commission or Convocation are all Joynt Acts of that Body in and by which they were done and cannot by any Law be singly put upon me it being a known Rule of the Law Refertur ad universos quod publice fit per Majorem Partem And Mr. Pryn himself can stand upon this Rule against the Independents and tell us that the Major Voice or Party ought to over-rule and bind the less And he quotes Scripture for it too In which place that which is done by the Major part is ascribed to all not laid upon any one as here upon me And in some of these Courts Star-Chamber especially and Council-Table I was accompanied with Persons of great Honour Knowledge and Experience Judges and others and 't is to me strange and will seem so to Future Ages that one and the same Act shall be Treason in me and not the least Crime nay nor Misdemeanour in any other And yet no Proof hath been offered that I Solicited any Man to concur with me and almost all the Votes given preceeded mine so that mine could lead no Man 8. After this I answered to divers others Particulars as namely to the Canons both as they concerned Aid to the King and as they looked upon matters of the Church and Religion 9. To the Charge about Prohibitions 10. To the base Charge about Bribery But pass them over here as being answered before whither I may refer the Reader now though I could not the Lords then 11. My Lords after this came in the long and various Charge of my Vsurping Papal Power and no less than a design to bring in all the Corruptions of Popery to the utter overthrow of the Protestant Religion established in England And this they went about to prove 1 By my Windows in the Chappel An Argument as brittle as the Glass in which the Pictures are 2 By Pictures in my Gallery which were there before the House was mine and so proved to your Lordships 3 By Reverence done in my Chappel As if it were not due to God ospecially in his Church And done it was not to any other Person or Thing 4 By Consecration of Churches Which was long before Popery came into the World As was also the care of safe laying up of all Hallowed and Sacred things For which I desire your Lordships I may read a short Passage out of Sir Walter Rawley's History The rather because written by a Lay-Man and since the Times of Reformation But this Mr. Maynard excepted against both as new Matter and because I had not the Book present though the Paper thence transcribed was offered to be attested by Oath to be a true Copy But though I could not be suffered to read it then yet here it follows So Sacred was the moveable Temple of God and with such Reverence guarded and transported as 22000 Persons were Dedicated to the Service and Attendance thereof of which 8580 had the peculiar Charge according to their several Offices and Functions the Particulars whereof are in the Third and Fourth of Numbers The Reverend care which Moses the Prophet and chosen Servant of God had in all that belonged even to the outward and least Parts of the Tabernacle Ark and Sanctuary witnessed well the inward and most humble Zeal born toward God himself The Industry used in the Framing thereof and every and the least part thereof the curious Workmanship thereon bestowed the exceeding Charge and Expence in the Provisions the Dutiful Observance in laying up and preserving the Holy Vessels the Solemn removing thereof the Vigilant Attendance thereon and the Provident Defence of the same which All Ages have in some Degree imitated is now so forgotten and cast away in this superfine Age by those of the Family by the Anabaptists Brownists and other Sectaries as all Cost and Care bestowed and had of the Church wherein God is to be Served and Worshipped is accounted a kind of Popery and as proceeding from an Idolatrous Disposition Insomuch as Time would soon bring to pass if it were not resisted that God would be turned out of Churches into Barns and from thence again into the Fields and Mountains and under the Hedges and the Office of the Ministery robbed of all Dignity and respect be as contemptible as those Places all Order Discipline and Church Government left to newness of Opinion and Mens Fancies Yea and soon after as many kinds of Religions would spring up as there are Parish-Churches c. Do ye not think some body set Mr. Maynard on to prohibit the Reading out of this Passage as foreseeing whither it tended For I had read one third part of it before I had the stop put upon me 5 But they went on with their Proof By my Censuring of Good Men that is Separatists and Refractory Persons 6 By my Chaplains Expunging some things out of Books which made against the Papists It may be if my Chaplains whom it concerns had Liberty to answer they were such Passages as could not be made good against the Papists and then 't is far better they should be out than in For as S. Augustin observed in his and we find it true in our time the Inconvenience is great which comes to the Church and Religion by bold Affirmers Nay he is at a satis dici non potest the Mischief is so great as cannot be expressed 7. Then by altering some things in a Sermon of Dr Sybthorp's But my Answer formerly given will shew I had cause 8. By my preferment of unworthy Men So unworthy as that they would be famous both for Life and Learning were they in any other Protestant Church in Christendom And they are so Popishly affected as that having suffered much both in State and Reputation since this Persecution of the Clergy began for less it hath not been no one of them is altered in Judgment or fallen into any liking with the Church of Rome 9. By the Overthrow of the Feoffment But that was done by Judgment in the Exchequer to which I referred my self And if the Judgment there given be right there 's no fault in any Man If it were wrong the fault was in the Judges not in me I solicited none of them 10. By a Passage in my Book where I say The Religion of the Papists and Ours is one But that 's expressed at large only because both are Christianity and no Man I hope will deny that Papists are Christians As for their notorious Failings in Christianity I have in the same Book said enough to them 11. By a Testimony of Mr. Burton's and Mr. Lane's that I should say We and the Church of Rome did not differ in Fundamentals but in Circumstantials This I here followed at large but to avoid tedious repetition refer my Reader to the place where 't is anaswered 12. By my making the Dutch Churches to be of another Religion But this is mistaken as my Answer will shew the
short of Treasons the application to those Generals cannot make them Treasons We shall only single out Two Particulars and in those be very brief in that most which hath been said to the former Generals is appliable to them inasmuch as none of them is declared to be a Treason by the Statute of 25 Ed. 3. or by any other Law enacted 1. The first of these in the 10th Original Article viz. That he hath Traiterously endeavoured to reconcile the Church of England with the Church of Rome Which if it be any Treason must be a Treason within the Statute of 5 Jac. Cap. 4. whereby is provided That if any Man shall put in practice to Reconcile any of his Majesty's Subjects to the Pope or See of Rome the same is enacted to be Treason which we conceive clearly is none of this Charge 1. First For that here only is Charged an Endeavour there a Putting in Practice 2. Here a Reconciling of the Church of England with the Church of Rome there a Reconciling some of his Majesty's Subjects to the See of Rome And a Reconciling with may as well be a Reducing of that of Rome to England as England to Rome The Second in the 7th additional Article for wittingly and willingly Receiving and Harbouring divers Popish Priests and Jesuits namely Sancta Clara and Monsieur St. Gyles Which Offence as to the Harbouring Priests and Jesuits born within his Majesty's Dominions by the Statute of 27 Eliz. Cap. 2. is made Felony not Treason and extends only to Priests English born which these are not charged to be My Lords We have now gone through those Articles wherein we conceive the Treasons Charged were intended and have endeavoured to make it appear That none of the Matters in any of the Articles Charged are Treason within the Letter of any Law And if not so then they cannot by Inference or Parity of Reason be heightned to a Treason It is true the Crimes as they are laid in the Charge are great and many Yet if the Laws of this Realm which have distinguished Crimes and accordingly given them several Names and inflicted Punishments raise none of these to a Treason That we humbly conceive will be worthy of your Lordships Consideration in this Case and that their Number cannot make them exceed their Nature And if they be but Crimes and Misdemeanours apart below Treason or Felony they cannot make a Treason by putting them together Otherwise the Statute of 25 Ed. 3. which we have so much insisted upon had been fruitless and vain if after all that exactness any Number of Misdemeanours in themselves no Treason should by complication produce a Treason and yet no mention made of it in that Law much less any Determination thereby that any Number or what Number and of what Nature of Crimes below Treason should make a Treason It is true my Lords That by the Statute of 25 Ed. 3. there is a Clause in these Words It is accorded That if any other Case supposed Treason which is not therein specified doth happen before any Justices the Justices shall tarry without any going to Judgment of the Treason until the Cause be shewed and declared before the King and his Parliament Whether it ought to be judged Treason or Felony And that hereby might seem to be inferred That there should be some other Treasons than are mentioned in that Law which may be declared in Parliament But my Lords we shall observe 1. If such Declaration look only forward then the Law making it Treason preceeds the Offence and is no more than an Enacting Law If it look backward to the Offence past then it appears by the very Clause it self of 25 Edw. 3. it should be at the least a Felony at the Common Law and that a Crime or Crimes below a Felony were never intended to be by this Law to be declared or to be heightned to a Treason And we find not any Crime declared Treason with a Retrospect unless it were a Felony before And in the late Case of the Earl of Strafford Attainted by Bill there is a Treason within this Law charged and declared by the Bill of his Attainder to have been proved 2. Secondly We are not now in case of a Declaration of a Treason but before your Lordships only upon an Impeachment and in such case we humbly conceive the Law already established as it hath been so it will be the Rule Thus my Lords we have gone through that Part which belongs to us directed us by your Lordships viz. Whether in all or any the Articles exhibited before your Lordships there is contained any Treason by any established Law of this Kingdom without medling at all with the Facts or Proof made of them which together with our weak Endeavours we humbly submit to your Lordships great Judgment And for any Authorities cited by us are ready if so Commanded to produce them Here this Day ended and I had a few Days rest But on Tuesday October 22. being a Day made Solemn for Humiliation my Chamber at the Tower was searched again for Letters and Papers But nothing found After this there went up and down all about London and the Suburbs a Petition for the bringing of Delinquents to Justice and some Preachers exhorted the People to be zealous in it telling them it was for the Glory of God and the Good of the Church By this means they got many Hands of Men which little thought what they went about In this Petition none were named but my self and the Bishop of Ely so their Drift was known to none but their own Party and was undoubtedly set on foot to do me mischief Whose Design this was God knows but I have cause to suspect Mr. Pryn's Hand in it This barbarous way of the Peoples clamouring upon great Courts of Justice as if they knew not how to govern themselves and the Causes brought before them is a most unchristian Course and not to be endured in any well-governed State This Petition with a Multitude of Hands to it was delivered to the House of Commons on Munday Octob. 28. Concerning which I shall observe this That neither the Lord Mayor nor the Sheriffs made any stop of this Illegal and Blood-thirsty Course though it were publickly known and the People exhorted to set Hands to it in the Parish-Churches What this and such-like Courses as these may bring upon this City God alone knows whom I humbly pray to shew it Mercy CAP. XLV THis Day being All-hallan-day a Warrant came to the Lieutenant from the House of Commons to bring me to their Barr to hear the Evidence formerly summed up and given against me in the Lords House I knew no Law nor Custom for this for though our Votes by a late Act of Parliament be taken away yet our Baronies are not And so long as we remain Barons we belong to the Lords House and
and by the Council-Table the Courts of Star-Chamber and High-Commission and in Convocation and because many more things so done are to come in the next Head concerning the Law I humbly crave leave for avoiding tedious Repetition to say it once for all That no act done by any of these either by full Consent or major Part which involves the rest ought to be charged singly against me And that for these Reasons following 1. First because this is not Peccare cum Multis For they meet not there in a Relation as Multi but as Vnum Aggregatum as Bodies made one by Law And therefore the Acts done by them are Acts of those Bodies not of any one Man sitting in them And in this Sense a Parliament is one Body consisting of many and the Acts done by it are Acts of Parliament For which should any of them prove amiss no one Man is answerable though many times one Man brings in the Bill 2. Secondly because I could sway no Man's Vote in any of those Places though this hath been often urged against me as an Over Potent Member for my Vote was either last or last save one in all these Places So I could not lead Nor is there any so much as shew of Proof offered that I moved or prepared any Man to a Sentence one way or other in any one of these Courts or Places 3. Thirdly because in those Courts of Judicature there was the Assistance of able Judges Lawyers and Divines for direction And how can that be a Treason in me which is not made so much as a Misdemeanour in any of the rest 4. Fourthly because the Act of this present Parliament which hath taken away the Star-Chamber and the High-Commission and bounded the Council-Table looks forward only and punishes no Man for any Act past much less doth it make any Man's Actions done in them to be Treason And I am no way excluded from the Benefit of that Act. 5. Lastly because in all my Proceedings both in the High-Commission and elsewhere I kept strictly to the Doctrine and Discipline of the Church of England Established by Law against both Papist and other Sectaries And under this Government and Doctrine of this Church it hath pleased God now for above Fourscore Years together to Bless this Kingdom and People above other Nations And I pray God if we forsake the one it prove not a Cause to deprive us of the other And now Mr. Speaker I shall follow this worthy Gentleman as he went on to the Second General Head the Subversion of the Laws And here when he had caused the 1 2 3 5 and 14. Original Articles to be read as also the 2 9 and 10. Additionals He then said that I had laboured this Subversion by my Counsels and by my Actions 1. By my Counsels First Of which he gave Three Instances 1. The Vote of the Council-Table to Assist the King in Extraordinary ways if the Parliament should prove peevish and refuse And this out of my Diary at Decemb. 5. 1639. 2. The Passage in the Epistle before my Speech in Star-Chamber Not one Way of Government since the Humours of the People were in continual Change 3. A Speech at Council-Table That now the King might use his own Power c. Witnessed only by Sir Henry Vane the Elder 2. From my Counsels proceed was made to my Actions Where the Particulars were 1. That I attempted to set Proclamations above the Law 2. That I was for all Illegal Projects at the Council-Table Instanced in Inclosures in the Ship-Money and Sir John Corbett's Commitment 3. The taking down of the Houses about St. Paul's with the large Commission for the Repair of the West-End 4. The stopping of Two Brewers in their Trade being in Westminster and pretended to annoy the Court. 5. Things done by me as Referee Instanced in a Case between Rich and Pool and another of one Symmes 6. Obstructing the Course of Law by sending to Judges Instanced in the Parishioners of Beckington in the Case of Ferdinando Adams in Sir Henry Martyn's Case about an Attorney at Law Judge Richardson's Words in Mr. Huntley's Case and Baron Trevers Words in Grafton's Case 7. The punishing Men that came in a Legal Way Instanced in the Case of New-comin and Burrowes that I said in the High-Commission I hoped to see the Clergy exempt again the next hundred Years the two Church-wardens of Chesham with Words concerning Sir Thomas Dacres 8. The Case of Prohibitions and Mr. Wheeler's Note out of a Sermon of mine concerning them 9. That no Pope ever claimed so much Jurisdiction not from the King 10. The Canons and I the main Man the over-grown Member again 11. The Statutes of Oxford enforced a second time Nevill's Case of Merton-College instanced in 12. Books Printed that are against the Law Instanced in Cowell's Interpreter and Dr. Manwaring's Sermons 13. The Alteration of the King's Oath at his Coronation 14. My Enmity to Parliaments To all which as I then gave sufficient Answers so I hope the Courteous Reader hath found them at large in their several Places And for this last concerning Parliaments I humbly and heartily desire that this may be taken notice of and remembred That there is not in any one of these Paper-Proofs produced against me any one thing that offers to take away any Rights of Parliaments rightly understood much less any that offers to take away Parliaments themselves Which is a continued Mistake all along this particular Charge And if any rash or unweighed Words have fallen from me yet these cannot be extended to the disannulling of Parliaments or their Priviledges in any kind which I defended in Print long since before I could foresee any of this Danger threatning me It is in my Book against Fisher. It was read in the Lords House and I humbly desire I may read it here And it was read After this it was inferred by this worthy Gentleman what a great Offender I was and greater than Cardinal Woolsey Mr. Speaker I have seen the Articles against the Cardinal and sure some body is mistaken for some of them are far greater than any thing that is proved against me In which I thank Christ for it my Conscience is at peace whereas the Cardinal confessed himself guilty of them all and yet no thought of Treason committed And a Premunire was all that was laid upon him Then he gave a touch That in Edward III.'s time there was a Complaint That too much of the Civil Government was in the hands of the Bishops and that in the 45th Year of his Reign they were put out and Lay-men put in But first this concerns not me Secondly the late Act of this Parliament hath taken sufficient Order with that Calling for medling in Civil Affairs Thirdly the time is memorable when this was done It was in the Forty and fifth Year of Edward III. That 's enough Mr. Speaker I shall draw towards an end
that Business And this I did because in some things I did utterly dislike that Canvas and the Carriage of it At last some of the Senior Fellows came to me and told me That the College had been many Years without the Credit of a Proctor and that the Fellows began to take it ill at my hands that I would not shew my self and try my Credit and my Friends in that Business Upon this rather than I would lose the Love of my Companions I did settle my self in an honest and fair way to right the College as much as I could And by God's Blessing it succeeded beyond Expectation But when we were at the strongest I made this fair Offer more than once and again That if the greater Colleges would submit to take their Turns in Order and not seek to carry all from the lesser we would agree to any indifferent course in Convocation and allow the greater Colleges their full proportion according to their Number This would not be hearkned unto whereupon things continued some Years After this by his Majesty's Grace and Favour I was made Bishop of St. Davids and after that of Bath and Wells When I was thus gone out of the Vniversity the Election of the Proctors grew more and more Tumultuous till at the last the Peace of the Vniversity was like to be utterly broken and the divided Parties brought up a Complaint to the Council-Table The Lords were much troubled at it especially the Right Honourable William Earl of Pembroke Lord Steward and their Honourable Chancellour I had by that time and by the great Grace of his Now Majesty the Honour to be a Councellor and was present There I acquainted the Lords what Offers I had made during my time in the Vniversity which I did conceive would settle all Differences and make Peace for ever The Lords approved the way and after the Council was risen my very Honourable Lord the Earl of Pembroke desired me to put the whole Business in Writing that he might see and consider of it I did so His Lordship approved of it and sent it to the Vniversity with all Freedom to accept or refuse as they saw Cause The Vniversity approved all only desired the addition of a Year or two more to the Circle which would add a turn or two more to content some of the greater Colleges This that Honourable Lord yielded unto and that Form of Election of their Proctors was by unanimous Consent made a Statute in Convocation and hath continued the Vniversity in Peace ever since And this is all the carrying on of a Canvas for a Proctor's place which any Truth can challenge me withal And it may be my Lord is pleased to impute narrow Comprehensions to me because my Advice inclosed the choice of the Proctors within a Circle I am heartily sorry I should trouble the Reader with these Passages concerning my self but my Lord forces me to it by imputing so much Unworthiness to me But my Lord leaves not here but goes on and says worse of me Being suddenly advanced to highest Places of Government in Church and State had not his Heart enlarged by the Enlargement of his Fortune but still the maintaining of his Party was that which filled all his Thoughts which he prosecuted with so much Violence and Inconsiderateness that he had not an Eye to see the Consequences thereof to the Church and State until he had brought both into those Distractions Danger and Dishonour which we 〈◊〉 find our selves 〈◊〉 withal The next thing which my Lord charges me with is That I was suddenly advanced to highest Places of Government in Church and State This is like the rest And I dare say when my Lord shall better consider of it he will neither re-affirm nor avouch such an Untruth Suddenly advanced What does my Lord call Suddenly I was Eleven Years his Majesty's Chaplain in Ordinary before I was made a Bishop I was a Bishop Twelve Years before I was preferred to be Archbishop of Canterbury that Highest Place my Lord mentions When I was made Archbishop I was full Threescore Years of Age within less than one Month. Whereas my immediate Predecessor was not any one Month in his Majesty's Ordinary Service as Chaplain but far from that Honourable indeed but yet Painful and Chargeable Service and was made Bishop of Lichfield of London and of Canterbury within the compass of two Years he being at the time of his Translation to Canterbury but Forty nine Years of Age and yet never Charged as a Man suddenly advanced But my Advancement which it seems pleased not my Lord so well as his did was very sudden which I leave to the impartial Reader to judge Next being advanced to this High Place as my Lord calls it but now made low enough by his Lordship and other of the same Feather he says I had not my Heart enlarged with the Enlargement of my Fortune Sure my Lord is mistaken again For my Heart I humbly thank God for it was enlarged every way as much as my Fortune and in some things perhaps more But it may be my Lord meant that my Heart was not sufficiently enlarged because I could not receive those Separatists into it farther than to pray for them which would not suffer the open Bosom of the Church of England to receive them but neglecting their Father's Commandment forsook also their Mother's Instruction Nor did I maintain any Party but any Church-man or any Man else that loved Order and Peace in the Church was very welcome to me And I leave the World to judge by what they now see whether I or this Lord have practised or studied most the Maintenance and Advancement of a Party And as I did not maintain a Party so much less did it fill all my Thoughts as narrow as my Lord thinks them Nor did I prosecute these or any other my Thoughts either with Violence or Inconsiderateness Not with Violence for I can name many of whose Preferment under God and the King I was cause who yet went not with them which my Lord will needs miscal my Party Nor did I punish either more or more severely any that were brought before me in the Commission than were punished for the like Offences in any the same number of Years in my late Predecessor's Time As will manifestly appear by the Acts of the Court Nor with Inconsiderateness For I have many Witnesses that mine Eye was open and did plainly see and as freely tell where I then hoped there might have been remedy what was coming both upon Church and State though not as Consequences upon my Proceedings and I wish with all my Heart they were no more Consequences upon my Lord's Proceedings than they have been upon mine And my Lord is extreamly mistaken to say that I brought both into those distractions Danger and Dishonour with which they are now encompassed For 't is not I that have troubled this Israel of God For God is my
Sermons and Homilies and in such Cases they might very lawfully be heard But if some Men upon pretence to prevent Extravagant Preaching should take upon them to set forth a Book of Publick Common Sermons fit for all Times and Occasions and should enjoyn Ministers to conform to these and use no other Preaching at all but the Reading of those Common Sermons or Homilies so devised for Publick Worship this would make it utterly Vnlawful and to be Professed against as that which were the bringing in of a Humane Device and Injunction in the place and instead of God's Ordinance to the Exclusion thereof As the Pharisees to establish Traditions of their own made void the Commandments of God I hope my Lord will have no better success with this Instance under the Gospel than he had with that under the Law And yet whatsoever is Truth in his Instance I shall most willingly grant And therefore I do acknowledge that in the time of the Gospel God appointed the foolishness of Preaching 1 Cor. 1. to be a Means but not to be The Means if it be meant the only Means by which he will save those that believe I likewise confess that in the World's Account 't is made the Foolishness of Preaching And I would to God some Men much magnified in these Times did not give too often very just Cause to the World to account it not only the Foolishness but the Madness of Preaching such Preaching as is far from being a Means of Salvation I conceive also as well as my Lord that where there are no Gifts enabling Men to Preach as it falls out in too many Parishes in England and the true Cause is the smallness of the Living unable to Feed and Cloath Men and therefore cannot expect Men of Parts there not only might be but is a lawful and profitable use of Reading of Printed Sermons and Homilies and that in such Cases yes and in other Cases too they may very lawfully be heard And I think farther that if some Men not upon their own private Authority but lawfully meeting in a Synod or Convocation shall not upon pretence but truly to prevent Extravagant Preaching such as of late hath been and is too common in England should take upon them to set forth a Book of common Sermons such as might be fit for all Times and all Occasions which is not impossible to be done and should enjoyn Ministers to conform to these and use no other Preaching at all but the Reading of these common Sermons or Homilies so devised for publick Worship I must needs say it were a Cure not to be used but in Extremity to bar all other Preaching for the Abuse of some be it never so gross Yet if the Distempers of the Pulpit should grow in any National Church so high so Seditious so Heretical and Blasphemous so Schismatical and Outragious as many of them have been of late in this distracted Church of ours I say if such a Book of Sermons should be so set out by the Church direction and published by the Authority of King and Parliament as the Book of Common Prayer is When the Comparison is made thus even and my Lords Instance so brought home I do then think such a Book not devised for publick Worship but for publick Instruction for Sermons are not properly the Worship of God but as to teach us Faith and Obedience and how we are to pray and give Worship to him might be used with great profit yea and with far more than many Sermons of the present time which do in a manner teach nothing but Disobedience to Princes and all Authority under a false pretence of Obedience to God And for the Injunction which sticks so much with my Lord certainly in Cases of such Extremity as is above-mentioned and when nothing else will serve I conceive it might well and profitably be laid upon the Ministers and yet that such an Imposition would be far from making it utterly unlawful and to be professed against as that which were the bringing in of a Humane Device in the place and instead of God's Ordinance to the Exclusion thereof For 't is probable these Sermons my Lord speaks of would be Preached before they were Printed And the end of their being Preached was to publish Christ and his Gospel to the World And that also was or ought to be the end of Publishing the same Sermons in Print that the benefit of them might reach the farther and be of longer continuance So that upon the Matter the Printing of Sermons is but a large and more open Preaching of them still And then if Preaching be God's Ordinance Printing of Sermons is the publishing of God's Ordinance And therefore if there were an Injunction for a Book of Sermons as is mentioned it were but a more publick and durable divulging of God's Ordinance and not the bringing in of a Humane Device instead of it and to the Exclusion thereof As for that which follows that this is like the Pharisees who to establish Traditions of their own made void the Commandments of God This is but a Simile and is Answered in the former And you see that should any Necessity force the making of such an Injunction which God forbid it did help to publish God's Ordinance and not make void his Commandments Howsoever my Lord may take this along with him That that Party which he governs in this Kingdom are as well seen in this Art of the Pharisees as any Men in Christendom and will if they be let alone make void all the Service of God to bring in their Dreams against all Reason Religion and lawful Authority And this is most true whatever they think of themselves But my Lord desires farther consideration of his Instance Let it be considered what difference can be found between these but only this Vse and Custom hath inured us to that of Prayer not so in this of Preaching and therefore the Evil of it would easily appear unto us if so enjoined It is fit my Lord should have his desire in this that it be considered what difference can be found between these And out of all doubt my Lord acknowledges that some difference there is And were it this only as his Lordship would have it That Vse and Custom hath inured us to that of Prayer and not so in this of Preaching that might be Reason enough to continue our publick set Form of Prayer For if the Service have not fault in it but that 't is enjoyned And if the enjoyning of a good Service of God Almighty in which Christian People may consent and unanimously and uniformly worship him be no fault at all as most certain it is not 'T is neither wisdom nor safety to cast off such a Custom or Vsage and leave every Minister and perhaps other Men too to make what Prayers they please in the Congregation which doubtless would be many times such as no good understanding Christian could
yokes of Bondage and our other gross Corruptions be removed And I must doubt they embrace not the same Faith till they admit the whole Creed and will use the Lord's Prayer which few of them will As for the Spirit that works by Love I much fear he is a great stranger to many of these Men. For I have many ways found their Malice to be fierce and yet endless And therefore I wonder my Lord should have the Boldness to tell my Lords in Parliament that they know all these things of these Men and that they are their Brethren and concur with them in all these forenamed things whom in the mean time their Lordships do and cannot but know different from them nay separating from them in the very Worship of God Next I agree with my Lord again that I would have no pressure put upon those Men in whom the Spirit of Love causes an unblamable Conversation without any offence to the State But in this I must disagree that the Separatists from the Church of England are such manner of Men. For the private Conversation of very many of them whom I could name were it fit is far from being unblamable And the Publick Conversation of all or most of them is full of offence to the State Unless my Lord think the State is or ought to be of their Humour For how can their Conversation be without great offence very great to this or any State Christian who shall have and maintain private Conventicles and Meetings in a different way of Religion from that which is Established by the State Nay which shall not only differ from but openly and slanderously oppose that which is so Established Besides no well governed State will allow of private Meetings especially under pretence of Religion which carry far without their privity and allowance For if this be permitted there lies a way open to all Conspiracies against the State whatsoever and they shall all be satisfied under the pretence of Religion The third thing in which I agree with my Lord is that I would not that for Ceremonies and Things indifferent these Men should be thrust out of the Land and cut off from their Native Country No God forbid if any thing will reclaim them But then I must disagree with my Lord in this That these Men whether such as my Lord describes them or no are thrust out of the Land or cut off from their Native Country for Ceremonies or Things indifferent For First they are not all Ceremonies for which they separate from the Church For they pretend certain gross Corruptions in the very Worship of God as my Lord a little before delivers Secondly be the Cause what it will none of them have been banished or thrust out of the Land or cut from their Native Country as is here spoken to move Hatred against the Government But 't is true they have thrust themselves out and cut themselves off and run a Madding to New England scar'd away as they say by certain gross Corruptions not to be endured in this Church Nor after they have gone a Madding enough is their return denyed to any And I know some that went out like Fools and are come back so like that you cannot know the one from the other In this Passage 't is said by my Lord that these Ceremonies and Things indifferent unto you speaking to the Lords in Parliament are not so to them but Burthens In this Passage I can agree with my Lord in nothing For First my Lord but a very little before tells of Yokes of Bondage and gross Corruptions And are they so soon become but Ceremonies and Things indifferent If they be more than Ceremonies and Things indifferent then my Lord delivers not the whole Truth And if they be but Ceremonies and Things indifferent then his Lordship and all other Separatists ought rather to yield to the Church in such things than for such things to separate from it And certainly so they would if the Spirit that worketh by Love did work in them Yea but my Lord says they are such things as though they be indifferent to others yet to them they are not but burthens And it may be they make them so for in their own Nature they are nothing less And of great use they are to preserve the Substance and the Body of Religion But this I find let any thing in the World be enjoyned by the Church Authority and it is a Burthen presently And so you see all along this Speech how earnest my Lord is in behalf of himself and these Separatists against all Injunctions of set Forms and Yokes of Bondage This is an excellent way of Religion to settle Temporal Obedience And I can as little agree with that which follows Namely that the Lords may without any Offence to the State or prejudice to the Churches take away if they will these Things indifferent to them but Burthens to these Brethren For First suppose them to be but 〈◊〉 and Things indifferent yet can they not be taken away without offence to the State or prejudic to the Churches who to please a few unruly Separatists must make an Alteration in that part of Religion which hath continued with great Happiness to this Church ever since the Reformation Secondly I will not dispute it here what Power a Lay Assembly and such a Parliament is hath to determine Matters of Religion Primely and Originally by and of themselves before the Church hath first agreed upon them Then indeed they may confirm or refuse And this course was held in the Reformation But Originally to take this Power over Religion into Lay Hands is that which hath not been thus assumed since Christ to these unhappy days And I pray God this Chair of Religion do not prove Cathedra Pestilentiae as the vulgar reads it Psal. 1. 1. to the infecting of this whole Nation with Schism and Heresie and in the end bring all to confusion I meddle not here with the King's Power For he may be present in Convocation when he pleases and take or leave any Canons as he pleases which are for the Peace and well Ordering of the Church as well as in Parliament take or leave any Laws made ready for him for the good and quiet of his People But if it come to be Matter of Faith though in his Absolute Power he may do what he will and Answer God for it after Yet he cannot commit the ordering of that to any Lay Assembly Parliament or other for them to determine that which God hath intrusted into the Hands of his Priests Though if he will do this the Clergy must do their Duty to inform him and help that dangerous Error if they can But if they cannot they must suffer an unjust Violence how far soever it proceed but they may not break the Duty of their Allegiance 'T is true Constantius the Emperour a great Patron of the Arrians was by them interested
in their Cause and medled in decernendo in determining and that before-hand what the Prelats should do and sometimes in Commanding the Orthodox Prelats to Communicate with the Arrians This they refused to do as being against the Canons of the Council of Nice And then his Answer was Yea but that which I will shall go for Canon But then we must know withal that Athanasius reckn'd him for this as that Antichrist which Daniel Prophesied of Hosius also the Famous Confessor of those Times condemned in him that kind of medling in and with Religion And so doth St. Hilary of Poictiers Valentinian also the Younger took upon him to judge of Religion at the like presuasion of Auxentius the Arrian but he likewise was sharply reproved for it by St. Ambrose In like manner Maximus the Tyrant took upon him to judge in Matters of Religion as in the Case of Priscillian and his Associates But this also was checkt by St. Martin Bishop of Tours Where it is again to be observed that though these Emperours were too busie in venturing upon the determination of Points of Faith yet no one of them went so far as to take Power from the Synods and give it to the Senate And the Orthodox and Understanding Emperours did neither the one nor the other For Valentinian the Elder left this great Church-work to be done by Church-Men And though the Power to call Councils was in the Emperour And though the Emperours were sometimes personally present in the Councils and sometimes by their Deputies both to see Order kept and to inform themselves yet the decisive Voices were in the Clergy only And this will plainly appear in the Instructions given by the Emperor Theodosius to Condidianus whom he sent to supply his place in the Council of Ephesus which were That he should not meddle with Matters of Faith if any came to be debated And gives this Reason for it Because it is unlawful for any but Bishops to mingle himself with them in those Consultations And Basilius the Emperour long after this in the Eighth General Council held at Constantinople 〈◊〉 870. affirms it of the Laity in general That it is no way lawful for them to meddle with these things But that it is proper for the Patriarchs Bishops and Priests which have the Office of Government in the Church to enquire into these Things And more of this Argument might easily be added were that needful or I among my Books and my Thoughts at liberty And yet this crosses not the Supremacy which the King of England hath in Causes Ecclesiastical as it is acknowledged both by the Church and Law For that reaches not to the giving of him Power to determine Points of Faith either in Parliament or out or to the acknowledgment of any such Power residing in him or to give him Power to make Liturgies and publick Forms of Prayer or to Preach or Administer Sacraments or to do any thing which is meerly Spiritual But in all things which are of a mixed Cognizance such as are all those which are properly called Ecclesiastical and belong to the Bishops External Jurisdiction the Supremacy there and in all things of like Nature is the Kings And if at any time the Emperour or his Deputy sit Judge in a Point of Faith it is not because he hath any right to judge it or that the Church hath not Right but meerly in case of Contumacy where the Heretick is wilful and will not submit to the Church's Power And this the Hereticks sometimes did and then the Bishops were forced to Appeal thither also but not for any Resolution in the point of Faith but for Aid and Assistance to the just Power of the Church I cannot but remember a very Prudent Speech utter'd in the beginning of the late preceding Parliament and by that Lord who now made this The occasion was A Lord offer'd to deliver a Message from the King before he was formally brought into the House and his Patent shew'd This Lord who thinks Church-Ceremonies may so easily be alter'd stood up and said He would not be against the delivery of the Message he knew not how urgent it might be but desired withal that it might be enter'd that this was yielded unto by Special leave of the House For that saith he though this be but a Ceremony yet the Honour and Safety of the Priviledges of this Great House is preserved by nothing more than by keeping the Ancient Rights and Ceremonies thereof intire And this I think was very wisely spoken and with great Judgment And could my Lord see this in the Parliament and can he not see it in the Church Are Ancient Ceremonies the chief Props of Parliamentary Rights and have they no use in Religion to keep up her Dignity yea perhaps and Truth too The House of Parliament is I confess a Great and Honourable House But the whole Church of Christ is greater And it will not well beseem a Parliament to maintain their own Ceremonies and to kick down the Ceremonies of the National Church which under God made all their Members Christians Most sure I am they cannot do it without ossence both to State and Church and making both a Scorn to Neighbouring Nations Now in the close of all my Lord tells his Fellow Peers and all others in them That if they shall thus wound the Consciences of their Brethren the Separatists they will certainly offend and sin against Christ. Soft and fair But what shall these Lords do if to Humour the Consciences of those Brethren some weak and many wilful and the cunning misleading the simple they shall disgrace and weaken and perhaps overthrow the Religion they profess Shall they not then both wound their own Consciences and most certainly sin against Christ Yes out of all doubt they shall do both Now where it comes to the wounding of Consciences no question can be made but that every Man ought first to look to his own to his Brethrens after A Man must not do that which shall justly wound his Brother's Conscience though he be his Brother in a Separation and stand never so much a-loof from him But he must not wound his own to preserve his Brother from a wound especially such a one as happily may cure him and by a timely pinch make him sensible of the ill Condition in which he is As for these Men God of his Mercy give them that Light of his Truth which they want and forgive them the boasting of that Light which they presume they have And give them true Repentance and in that Sense a wounded Conscience for their breaking the Peace of this Church And forgive them all their Sins by which they still go on with more and more violence to distract this Church And God of his Infinite Goodness preserve this Church at all times and especially at this time while the Waves of this Sea of Separation
do here upon the Second of Januay 1635. Comput Angl. present my Account both for the Diocess and Province of Canterbury concerning all those Church-Affairs which are contained in your Majesty's most gracious Instructions published out of your most Princely and Religious care to preserve Unity in Orthodox Doctrine and Conformity to Government within this your Church of England And First for my own Diocess I humbly represent to your Majesty that there are yet very many Refractory Persons to the Government of the Church of England about Maidstone and Ashford and some other Parts the Infection being spread by one Brewer and continued and increased by one Turner They have been both Censured in the High-Commission Court some Years since but the Hurt which they have done is so deeply rooted as that it is not possible to be plucked up on the suddain but I must crave time to work it off by little and little I have according to your Majesty's Commands required Obedience to my Injunctions sent to the French and Dutch Churches at Canterbury Maidstone and Sandwich And albeit they made some shew of Conformity yet I do not find they have yielded such Obedience as is required and was ordered with your Majesty's Consent and Approbation So that I fear I shall be driven to a quicker proceeding with them The Cathedral Church begins to be in very good Order And I have almost finished their Statutes which being once perfected will mutatis mutandis be a sufficient Direction for the making of the Statutes for the other Cathedrals of the new Erection which in King Henry the Eighth's Time had either none left or none Confirmed and those which are in many things not Canonical All which Statutes your Majesty hath given Power to me with others under the Broad Seal of England to alter or make new as we shall find Cause And so soon as these Statutes for the Church of Canterbury are made ready I shall humbly submit them to your Majesty for Confirmation There is one Mr Walker of St John's the Evangelist a Peculiar of mine in London who hath all his time been but a disorderly and a peevish Man and now of late hath very frowardly Preached against the Lord Bishop of Ely his Book concerning the Lord's Day set out by Authority But upon a Canonical Admonition given him to desist he hath hitherto recollected himself and I hope will be advised For the Diocess of London I find my Lord the Bishop hath been very careful for all that concerns his own Person But Three of his Arch-Deacons have made no return at all to him so that he can certifie nothing but what hath come to his knowledge without their help There have been convented in this Diocess Dr Stoughton of Aldermanbury Mr Simpson Curate and Lecturer of St Margarets New-Fishstreet Mr Andrew Moline Curate and Lecturer of St Swithin Mr John Goodwin Vicar of St Stevens Colman-street and Mr Viner Lecturer of St Laurence in the Old 〈◊〉 for Breach of the Canons of the Church in Sermons or Practice or both But because all them promised Amendment for the future and submission to the Church in all things my Lord very moderately forbore farther proceeding against them There were likewise convented Mr Sparrowhawke Curate and Lecturer at St Mary Woolchurch for Preaching against the Canon for Bowing at the Name of Jesus who because he wilfully persisted is suspended from Preaching in that Diocess As also one Mr John Wood a wild turbulent 〈◊〉 and formerly Censured in the High-Commission-Court But his Lordship forbore Mr White of Knightsbridge for that his Cause is at this present depending in the Court aforesaid Concerning the Diocess of Lincoln my Lord the Bishop returns this Information That he hath Visited the same this Year all over in Person which he conceives no Predecessor of his hath done these Hundred Years And that he finds so much good done thereby beyond that which Chancellours use to do when they go the Visitation that he is sorry he hath not done it heretofore in so many Years as he hath been Bishop He farther Certifies that he hath prevailed beyond Expectation for the Augmenting of Four or Five small Vicarages and conceives as your Majesty may be pleased to remember I have often told you upon my own Experience that it is a Work very necessary and fit to be done and most worthy of your Majesty's Royal Care and Consideration For Conformity his Lordship professeth that in that large Diocess he knows but one unconformable Man and that is one Lindhall who is in the High-Commission Court and ready for Sentence My Lord the Bishop of Bath and Wells Certifies that his Diocess is in very good Order and Obedience That there is not a single Lecture in any Town Corporate but grave Divines Preach by course and that he hath changed the Afternoon Sermons into Catechising by Question and Answer in all Parishes His Lordship farther Certifies that no Man hath been Presented unto him since his last 〈◊〉 for any Breach of the Canons of the Church or Your Majesty's Instructions and that he hath received no notice of any increase of Men Popishly affected beyond the number mentioned in his last Certificat The Bishop of this See died almost Half a Year since and had sent in no Certificat But I find by my Visitation there this present Year that the whole Diocess is much out of Order and more at Ipswich and Yarmouth than at Norwich it self But I hope my Lord that now is will take care of it and he shall want no Assistance that I can give him Mr Samuel Ward Preacher at Ipswich was Censured this last Term in the High-Commission Court for Preaching in Disgrace of the Common-Prayer-Book and other like gross Misdemeanours These Six Bishops respectively make their Answer that in their own Persons they have observed all your Majesty's Instructions and that they find all their Clergy very conformable no one of them instancing in any particular to the contrary In this Diocess the Bishop found in his Triennial Visitation the former Year two noted Schismaticks Wroth and Erbury that led away many simple People after them And finding that they willfully persisted in their Schismatical course he hath carefully preferred Articles against them in the High-Commission Court where when the Cause is ready for Hearing they shall receive according to the Merits of it Concerning this Diocess your Majesty knows that the late Bishop's Residence upon the place was necessarily hindred by his Attendance upon your Majesty's Person as Clerk of the Closet But he hath been very careful for the observance of all your Instructions and particularly for Catechizing of the Youth As also for not letting of any thing into Lives to the Prejudice of his Successor in which he hath done exceeding well And I have by your Majesty's Command laid a strict Charge upon his Successor to look to those Particular Leases which
Witness I laboured nothing but the Settlement of the Decent External Worship of God among us which whatever some other Men think I know was sunk very low and if in labouring this I did err in any Circumstance for in matter of Substance I am sure I did not that may be forgiven me for Humanity sake which cannot free it self from Error But that which brought all these Distractions both upon Church and State was the bringing in of the Scots and the keeping of them here at a vast charge only to serve Turns and those very base ones And to the debasing and dishonour of this whole Nation as well as the King And how far this Lord had his Hand or his Head in this Treacherous Business he best knows Sure I am his Lordship is thought one of the chief Moulders of this Leaven of the Pharisees But my Lord thinks himself safe enough so he can cry me up among the Rabble to be the Author of all And not content with this he insults farther upon me as follows Yet to magnifie his Moderation presently after the breaking of the last Parliament he told a Lord who sits now in my sight that if he had been a Violent Man he wanted no occasion to shew it For he observed that the Lord Say never came to Prayers and added that I was in his knowledge as great a Separatist as any was in England What ever it was I said was not to magnifie my Moderation Nor do I remember that ever I spake these words Yet First if any Lord will say upon his Honour that I did say these very Words I will bear him and the Peerage of the Realm that Honour as that I will submit and believe his Testimony against my own Old now and Weak Memory Next upon enquiry made by some Friends of mine I find that the Words I should speak are said to be these that if I listed to take any advantage against this Honourable Lord I had as much exception to him as to any Separatist in England These Words are neither so Bold nor so Vncivil as those in the Charge and perhaps I might speak these though I remember it not For during the last Parliament not so few as Ten or a Dozen several Lords came to me of themselves as I sat there and complained grievously of this Lord's absenting himself from the Prayers of the Church and some of them wondred he was not questioned for the Scandal he gave by it And if any of them would be so mean as to urge me to speak by speaking Broad themselves and then carry the Tale to this Noble Lord he did that who ever he were which I hope was not the Noblest of his Actions and if I did say these latter Words of this great Lord I must and do say them again and I heartily beseech God that this Sin be not laid to my Charge that I questioned him not when the Times were calmer For had I done that I had done my Duty and if I had not cured him perhaps I might have prevented so much common danger to this Church as his Lordship hath procured since that time both by his Example his Counsel and his Countenance And for the Words I doubt not but he himself will be found to have made them good before I have done examining this Speech of his Lordship In the mean time my Lord proceeds My Lords how far he hath spit this Venom of his against me I am not certain but I may well fear where it might do me greatest Prejudice I shall therefore intreat your Lordships Favour and Patience that I may give you in these things which so nearly concern me a true account of my self which I shall do with Ingenuity and Clearness and so as that if I satisfie not all Men yet I hope I shall make it appear I am not such a one as this Waspish Man was willing to make the World believe I have spit no Venom against his Lordship much less have I spit any thing far For this Report which is here called Venom is common through the Kingdom And I have already told you what divers Lords said to me during the last Parliament And that is no more than hath been avowed unto me by very many others and some of very good Quality so the spreading was to me not from me But yet my Lord fears I spread it where it might do him greatest Prejudice I know not what my Lord means by this unless it be that I should spread it to his Majesty And if that be his meaning I will tell his Lordship truth what I know therein I was present when I heard some Lords more than once tell the King that the Lord Say was a Separatist from the Church of England and would not come at her Common-Prayers And one of these Lords afterwards told me he did conceive it was a great danger to this Kingdom when Noblemen should begin to separate in Religion and that his Majesty had need look to it To this last which was spoken to me in private but I will depose the Truth of it I could not but assent And to the former I then said I had heard as much as was then told his Majesty but I was not certain of it And I doubt not but these Lords sit in his Lordship's sight as well as that Lord who told him the other of me And not in his Sight only but in his Affections also as things go now But however they carry it with him now this they said of him then Nor will I here pick a Thanks to tell this Lord what Service I did him to his Majesty when he was thought to be in danger enough though I was chidden by a Great one that stood by for my Labour I shall therefore intreat the Christian Reader 's Favour and Patience that having hitherto given him a most true and clear Account of that which my Lord charges me with and doth nearly concern me So I may proceed to the rest which I do with all Ingenuity and Truth And so as that if I satisfie not all Men yet I hope I shall make it appear that I am not such a Waspish Man as my Lord would fain render me to the World But if I have been a Wasp in any Court wherein I have had the Honour to sit yet his Lordship should not have called me so considering what a Hornet all men say he is in the Court of Wards and in other Places of Business Where he pinches so deep that discreet Men are in a doubt whether his Aim be to sting the Wards or the Court it self to Death first For no Man can believe 't is for the good of the King And if I fail in this endeavour of mine to clear my self I must desire the Courteous Reader to ascribe it not to my Cause which is very good against his Lordship but to the narrowness of my Comprehensions and my Weakness compared with his
Lordships great Abilities And now my Lord charges as hard as he can Thus For the first of these which he Charges upon me it may be he was willing to have it thought that I would not joyn in Prayer with your Lordships but refused such a Communion which is altogether false For I should most willingly joyn in Prayers with you And farther I will add that I do not think but some set Form of Prayers by some Men in some Cases may be lawfully used For this First I was not willing to have any thing thought of this Lord which is not true and if it be altogether false as his Lordship says it is that he will not joyn in Prayers with the rest of the Lords in Parliament but refuses such a Communion I would fain know why his Lordship doth not joyn in Prayer with them For most undoubtedly he may if he will And since it is most true that he hath not come to Prayers in the House with the rest of the Lords not so much as once either in the last Parliament or this I think it may reasonably be concluded without any Falshood that his Lordship will not joyn no not in such a Communion with them Where it is to be observed he says he refuses not such a Communion with them He refuses not yet he will not joyn And he refuses not such a Communion A Communion I have cause to doubt he doth refuse but not such a Communion as goes no farther than Prayers yet to these he comes not At the Sacrament I believe he will be more scrupulous of whom or with whom he receives that Indeed his Lordship adds that he would most willingly joyn in Prayers with their Lordships And though this be most strange that he should never do that which he would most willingly do an opportunity being offered him every Day Yet my Lord is pleased to add farther what his Judgment is of set Forms of Prayer And he tells you that he thinks some set Forms by some Men in some Occasions may be lawfully used Surely the Church of England is much beholding to this Lord very much and the State too For the set Forms of Prayer which she enjoyns were compiled by some of those who suffered no less than Martyrdom for the Reformation of Religion The same Form of Prayer was established by Act of Parliament and yet as if Church and State were all at a loss this Noble Lord who confesses some set Forms Lawful condemns this Form by his Actions at least in continual and professed abstaining from it Some Forms but not this by some Men but not these in some cases but not in God's Publick Service in the Church may be Lawfully used And yet for all these petty Somes of Restraint I know his Lordship's Parts so great that I dare not say as he says of me that his Lordship is of narrow Comprehensions But his Lordship will now tell us what that is in which he is not satisfied But this is that which I am not satisfied in that a certain number of Men should usurp an Authority unto themselves to frame certain Prayers and Forms of Divine Service and when that is done under the Name of the Church to enjoyn them upon all Persons in all Times and upon all Occasions to be used and no other And upon this Ground which makes it the worse because these come from the publick Spirit of the Church when the Bishop or his Chaplain shall frame them and others proceed from the private Spirit of this or that particular Man Now truly since my Lord does not think some set Forms of Prayer unlawful I am very sorry his Lordship is not satisfied that a certain Number of Men should frame these Forms of Divine Service For all Churchmen cannot possibly meet about that or any other Church-Affair nor can any Synod or Assembly be called but there must be some certain Number of them Nor do these Men usurp any Authority to themselves herein For in all Ages of the Church from Christ downward all set Forms of Prayer used in any Church have been either made by a certain Number of Men or approved by them when some Eminent Servant of God hath Composed them first and then tendred them to the Judgment of the Church And it is very necessary that it should be so Nor would the Church of Old admit any Prayers in the publick Service and Worship of God but such as were so made and so approved lest through Ignorance or want of Care and Circumspection something might slip in that was contrary to the Faith But I fear here 's Anguis in Herba And that my Lord is not satisfied not so much because these 〈◊〉 Forms are made by a set Number of Men as because they are Churchmen though he be 〈◊〉 to express it And if that be his meaning he must rest unsatisfied still For Churchmen and none but Churchmen must actually do Publick Church-Work according to their Calling and their Warrant And yet I hope Churchmen will never be so Proud but that if any Lay Religious Man of larger Comprehensions than themselves will offer in private any help to them they will lend an open Ear to it and after with a prudent Consideration do what is fit And as this Lord is not satisfied that a certain Number of Men should make these set Forms so much less is he satisfied that when this is done they should under the Name of the Church enjoyn them upon all Persons in all Times and upon all Occasions to be used and no other No set Forms that I know are enjoyned under the name of the Church but such as the Church in Synod hath approved or tolerated till a Synod may be called And when any National-Church in a Kingdom that is Christian hath approved a set Form yet that cannot be enjoyned upon all Persons till the Soveraign Power in that State hath weighed approved and commanded it But then though Framed by a certain Number of Men that and no other lays hold on all Persons and in all Times and upon all Occasions that are Publick if Men will live in Obedience to the Church and State I say Publick leaving all Persons at all Times free to use any Form of Prayer agreeable to the Foundations of Christian Religion which shall best serve their several private Occasions And therefore I conceive my Lord is in a great Errour in that which he adds next Namely that this Ground makes it the worse because these set Forms are said to come from the Publick Spirit of the Church I cannot think so hardly of my Lord as if he could like a set Form of Prayer the worse because it comes from the Publick Spirit of the Church And therefore I will take his Words in another Sense though they be in my Judgment very obscurely set down and perhaps that is his Lordship's meaning That it makes the matter the worse because these Forms of