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
ready again in my great Business And Wednesday at Night Januar. 3. I received an Order for my Appearance and to Answer to the Impeachment against me on the Munday following Januar. 8. This Summons seem'd sudden after so great an Intermission Yet I could not Petition for more time till Saturday Januar. 6. because as the Messenger told me the House sat not again till then Then I Petitioned for more time in regard my Councel were not in Town And I had time given till Tuesday Januar. 16. and that Day set peremptorily Notwithstanding the shortness of this time my Councel being out of Town as not expecting it I was on Sunday Januar. 7. Ordered again to appear in Mr. Smart's Suit the next day The Warrant bare date a Fortnight before yet partly to Sanctifie the Sabbath and partly to shew his great Civility to me in giving me Warning I was not served with it till Sunday night at Seven of the Clock The next Morning I went to Westminster as I was commanded But I was sent back and not so much as called upon So beside the Charge I was at that Day was lost and taken from me and my Business as short time as I had given me Then Tuesday came on Januar. 16. And whereas I was Ordered to appear at the Lords House at Nine in the Morning I was by another Order put off to One of the Clock in the Afternoon Then I appeared The Committee that were to press the Evidence against me began to proceed upon the former general Articles as well as upon the latter But to the first Articles I had never been called to Answer nor ever joyned Issue Upon this there was much looking one upon another as if they meant to ask where the Failure was But by this means there could not then be any Proceeding So I was there peremptorily Ordered to put in my Answer on Munday Jan. 22. both to the Original and to the Additional Articles and in Writing At this day and time I appeared as I was Ordered to do but could not obtain of the Lords either to take my former Answer off from the File if I must put in another nor to distinguish the Articles which were Treason and which Misdemeanour Nor leave for my Councel to speak to the Generality and Uncertainty of the Original Articles which they professed were such as no Man living could prepare Answer for But I must put in my Answer presently or be taken Pro Confesso So in these Streights I put in my Answer to both Articles which follows in haec verba THE Humble Answer of William Arch-Bishop of Canterbury to the first and farther Articles of Impeachment brought up by the Honourable House of Commons against him and by Order of the Right Honourable the Lords in Parliament of the 16th of this Instant directed to be put in As to the 13th Article of the said first Articles and the Matters therein charged and all Matters or Things in the same or any of the rest of the said Articles contained which concern any Act of Hostility whether between the King and his Subjects or between Subject and Subject or which may be conceived to arise upon the coming of any English Army against Scotland or the coming of the Scottish Army into England or upon any Action Attempt Assistance Counsel or Device having relation thereunto and falling out by the occasion of the late Troubles preceding the late conclusion of the Treaty and return of the Scottish Army into Scotland This Defendant saith That it is Enacted by an Act made during the Sitting of this present Parliament that the same and whatsoever hath ensued thereupon whether Trenching upon the Laws and Liberties of the Church and Kingdom or upon his Majesty's Honour and Authority in no time hereafter may be called in question or resented as a Wrong National or Personal and that no mention be made thereof in time coming neither in Judgment nor out of Judgment but that it be held and reputed as though never such things had been thought or wrought as by the said Act may more at large appear With this that this Defendant doth Aver that he is none of the Persons Excepted by the said Act or the said Offences charged upon this Defendant any of the Offences excepted by the said Act. And as to all the rest of the said first and farther Articles this Defendant saving to himself all Advantages of Exception to the said Articles Humbly saith He is not Guilty of all or any the Matters by the said Articles charged in such Manner and Form as the same are by the said Articles charged against him This day the Thames was so full of Ice that I could not go by Water It was Frost and Snow and a most bitter day I went therefore with the Lieutenant in his Coach and twelve Warders with Halberts went all along the Streets I could not obtain either the sending of them before or the suffering them to come behind but with the Coach they must come which was as good as to call the People about me So from the Tower-gate to Westminster I was sufficiently railed on and reviled all the way God of his Mercy forgive the misguided People My Answer being put in I was for that time dismissed and the Tyde serving me I made a hard shift to return by Water And now notwithstanding all this haste made to have my Answer in Mr. Pryn cannot make this broken Business ready against me Therefore to fill up some time I was Ordered to be at the House again on Munday Jan. 29. about Mr. Smart's Business But being put to this Trouble and Charge and shewed to the People for a farther Scorn I was sent back again and had nothing said to me All February passed over and Mr. Pryn not yet ready he had not yet sufficiently prepared his Witnesses But on Munday Mar. 4. an Order passed to call me to the House to answer my Charge of High-Treason on Tuesday March 12. following And on Saturday March 9. I received a Note from the Committee which were to press the Evidence against me what Articles they meant to begin with which had a shew of some fair Respect but the Generality and Uncertainty of the Articles was such as rendred it a bare shew only no Particular being charged concerning which I might provide for any Witnesses or Counter-proof CAP. XXI AND now being ready to enter upon the Hearing and the Tryal it self I hold it necessary for me to acquaint the Reader with some General things before that begin Partly to the end he may see the course of this Tryal and the carriage which hath been in it and partly to avoid the often and tedious Repetition which else must necessarily be of some of them and especially that they may not be mingled either with the Evidence or my Answers to it to interrupt the Current or make any thing more obscure 1. The
for Mr. Greece who hath laboured much against me in all this Business God forgive him and while he Inherits his Father's ill Affections to me God preserve him from his Father's End From Cambridge he went to the Cathedrals and first to Canterbury Here the Charge is Bowing versus Altare the two Witnesses two Prebendaries of that Church Dr Jackson and Dr Blechenden And first Dr Jackson says the Bowing was versus Altare So not to but toward the Altar and Dr Blechenden says it was the Adoration of the High Majesty of God to whom if no Altar were there I should Bow Dr Jackson says this Bowing was to his Grief Strange I avow to your Lordships and the World no Man did so much approve all my Proceedings in that Church as he And for this Particular he never found the least fault with it to me and if he conceal his Grief I cannot ease it He says this Bowing was not in use till within this Six or Seven Years Sure the Old Man's Memory fails him For Dr. Blechenden says the Communion-Table was railed about and Bowings before it when he came first to be a Member of that Church and saith upon his Oath that 's above Ten Years ago And that it was practised before their new Statutes were made and that in those Statutes no Punishment is infticted for the Breach or not Performance of this Reverence I could tell your Lordships how often Dr Jackson hath shifted his Opinions in Religion but that they tell me their Witnesses must not be Scandalized As for the Statutes my Secretary Mr Dell who copied them out testified here to the Lords that I left out divers Superstitions which were in the Old Book and Ordained many Sermons in their rooms The next Cathedral he instanced in was Winchester But there 's nothing but the old Objections Copes And the wearing of them is warranted by the Canon and Reverence at coming in and going out of the Church And that great Kings have not in better Ages thought much to do And they did well to instance in the College of Winchester as well as the Church for 't is confessed the Injunction sent thither requires that the Reverence used be such as is not dissonant from the Church of England So this may be a Comment to the other Injunctions But for the Copes in Cathedrals Mr. Brown in his last Reply was not satisfied For he said the Canon mentioned but the wearing of one Cope Be it so But they must have that before they can wear it And if the Canon enjoyn the wearing of one my Injunction might require the providing and using of one Besides if there be no Popery no introduction to Superstition in the having or using of one then certainly there can be none in the having of more for the same use The Superstition being lodged in the misuse not in the number From the Cathedrals Mr. Serjeant went to view some Parish-Churches And First 't is Charged That in a Parish-Church at Winchester two Seats were removed to make way for Rayling in of the Communion-Table But for ought I know this might have been concealed For it was liked so well that they to whom the Seats belonged removed them at their own Charges that the other might be done The next instance was in St Gregory's Church by S Pauls The Charge was the Placing of the Communion-Table Altar-wise To the Charge it self Answer is given before The Particulars which are new are these The Witness Mr Wyan He says the Order for such placing of the Table was from the Dean and Chapter of S Pauls And S Gregory's is in their peculiar Jurisdiction So the Holy-Table was there placed by the Ordinary not by me He says next That the Parishioners appealed to the Arches but received an Order to Command them and the Cause to the Council Board That it was a full Board when the Cause was heard and his Majesty present And that there I maintained the Queens Injunction about placing the Communion-Table In all this here 's nothing Charged upon me but maintenance of the Injunction And I had been much to blame if I should not have maintained it He says Sir Henry Martin came and saw it and said it would make a good Court Cupboard If Sir Henry did say so the Scorn ill became either his Age or Profession though a Court Cupboard be somewhat a better Phrase than a Dresser God forgive them who have in Print called it so He says That hereupon I did say that he which spake that had a Stigmatical Puritan in his Bosom This Man's Memory serves him long for Words This was many Years since and if I did speak any thing sounding this way 't is more like I should say Schismatical than Stigmatical Puritan But let him look to his Oath and which Word soever I used if Sir Henry used the one he might well hear the other For a prophane Speech it was and little becoming a Dean of the Arches He says that soon after this Sir Henry was put out of his Place Not very soon after this for I was at the time of this Business as far as I remember Bishop of London and had nothing to do with the disposing of his Place After when I came to be Arch-Bishop I found his Patent was void neither could Sir Henry himself deny it And being void and in my Gift I gave it to another He says farther That it was urged that this way of Placing the Communion Table was against the Word of God in Bishop Jewel and Mr Fox his Judgment and that I replied it were better they should not have these Books in Churches than so to abuse them First for ought I yet know and in these straights of time the Books I cannot come at their Judgment rightly understood is not so Secondly Though these two were very worthy Men in their Time yet every thing which they say is not by and by the Doctrine of the Church of England And I may upon good reason depart from their Judgment in some Particulars and yet not differ from the Church of England As in this very Particular the Injunction for placing of the Table so is the Act of the Queen and the Church of England And I concieve the Queen then upon the Act of Reformation would not have enjoyned it nor the Church obeyed it had it been against the Word of God Thirdly if I did say That if they could make no better use of Jewel and the Book of Martyrs it were better they had them not in the Churches They gave too great occasion for the Speech For they had picked divers things out of those Books which they could not master and with them distempered both themselves and their Neighbours And yet in hope other more Modest Men might make better use of them I never gave Counsel to have those Books removed nor is that so much as Charged but said only thus That if no better use
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
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
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
St. Paul He that speaks in the Church in an unknown tongue speaks not unto Men for they understand him not yet he speaks to God and doubtless doth not mock him for he edifies himself and in the Spirit speaks Mysteries neither of which can stand with the mocking of God Now say they As there is no word of all this in the English Service so doth the Book in King Edward's Time give to every Presbyter his liberty of Gesture which yet gave such offence to Bucer the Censurer of the Book and even in Cassander his own Judgment a Man of great Moderation in Matters of this kind that he calleth them Nunquam-satis-execrandos Missae gestus and would have them to be abhorred because they confirm to the Simple and Superstitious ter-impiam exitialem Missae fiduciam As there is no word of all this in the English Service so neither is there in the Book for Scotland more or other or to other purpose than I have above expressed For the Book under Edw. 6. at the end of it there are some Rules concerning Ceremonies and it doth give liberty of Gesture to every Presbyter But it is only of some Gestures such as are there named Similes not of all But if any will extend it unto all then I humbly desire it may be Piously and Prudently considered whether this confusion which will follow upon every Presbyters Liberty and Choice be not like to prove worse than any Rule that is given in either Book for Decent Uniformity And yet say they these Gestures for all this Liberty given gave such offence to Bucer the Censurer of the Book that he calls them Nunquam-satis-execrandos Missae gestus the never sufficiently execrable Gestures of the Mass. First 't is true Bucer did make some Observations upon that Common-Prayer-Book under Edw. 6. And he did it at the intreaty of Arch-Bishop Cranmer And after he had made such Observations upon it as he thought fit he writ thus to the Arch-Bishop Being mindful how much I owe to your most Reverend Father-Hood and the English Churches that which is given me to see and discern in this business I will subscribe This done your most Reveverend Father-hood and the rest of your Order that is the rest of the Bishops may judge of what I write Where we see both the care of Bucer to do what was required of him and his Christian Humility to leave what he had done to the judgment of the then Governours of this Church By which it appears that he gave his Judgment upon that Book not as being the Censurer of it as these Men call him but as delivering up his Animadversions upon it to that Authority which required it of him Much less was it such a Censure as must bind all other Men to his Judgment which he very modestly submits to the Church Howsoever this has been the common Error as I humbly conceive of the English Nation to entertain and value Strangers in all Professions of Learning beyond their desert and to the contempt or passing by at least of Men of equal worth of their own Nation which I have observed ever since I was of ability to judge of these things But be this as it may These Men have Notoriously corrupted Bucer For they say he calls them Nunquam-satis-execrandos Missae gestus referring the Execration to the Ceremonial Gestures But Bucer's words are Nunquam-satis-execrandae Missae gestus referring the Execration to the Mass it self not to the Gestures in it of bowing the Knee or beating the Breast or the like which in themselves and undoubtedly in Bucer's Judgment also are far enough from being Execrable As for that which follows and which are Bucer's words indeed That These Gestures or any other which confirm to the simple ter impiam exitialem Missae fiduciam as he there calls it the thrice impious and deadly Confidence of the Mass are to be abhorred there 's no doubt to be made of that Unless as Cassander infers well out of Luther and Bucer both they be such Ceremonies as Impeach not the free Justification of a Sinner by Faith in Christ and that the People may be well instructed concerning the true use of them Now all this at the most is but Bucer's Speech against such Ceremonies and in such time and place must be understood too as are apt to confirm the simple People in their Opinion of the Mass. But such Ceremonies are neither maintained by me nor are any such Ordered or Established in that Book Therefore this Charge falls away quite from me and Bucer must make his own Speeches good For my own part I am in this point of Ceremonies of the same Mind with Cassander that Man of great Moderation in Matters of this kind as my Accusers here call him And he says plainly a little after in the same place concerning Luther's and Bucer's Judgment in these things Quanquam est quod in istis viris desiderem though I approve them in many things yet there is somewhat which I want in these Men. But the Charge goes on 3. The Corporal Presence of Christ's Body in the Sacrament is also to be found here For the Words of the Mass-Book serving to that purpose are sharply censured by Bucer in King Edward's Lyturgy and are not to be found in the Book of England and yet are taken in here Almighty God is in called that of his Almighty Goodness he may vouchsafe so to Bless and Sanctifie with his Word and his Spirit these gifts of Bread and Wine that they may be unto us the Body and Blood of Christ. The change here is made a work of God's Omnipotency The words of the Mass ut fiant nobis are Translated in King Edward's Book that they may be unto us which is again turned into Latin by Alesius ut fiant nobis They say the Corporal Presence of Christ's Body in the Sacrament is to be found in this Service-Book But they must pardon me I know it is not there I cannot be my self of a contrary Judgment and yet suffer that to pass But let 's see their proof The words of the Mass-Book serving to that purpose which are sharply censured by Bucer in King Edward's Liturgy and are not to be found in the Book of England yet are taken into this Service-Book I know no words tending to this purpose in King Edard's Liturgy fit for Bucer to censure sharply and therefore not tending to that purpose For did they tend to that they could not be censured too sharply The words it seems are these O Merciful Father of thy Almighty Goodness vouchsafe so to Bless and Sanctifie with thy Word and Holy Spirit these thy Gifts and Creatures of Bread and Wine that they may be unto us the Body and Blood of thy most dearly beloved Son Well if these be the words how will they squeeze Corporal Presence out of them Why first the Charge here is made a
reduce them to the Heresies in Doctrine the Superstition and Idolatry in Worship and the Tyranny in Government which are in that See and for which the Reformed Kirks did separate from it and came forth of Babel From him certainly hath issued all this Deluge which almost hath overturned all What not the Pope himself now surely he could do little then For as I told you in the very last Passage I never intended more to the Reformed Churches than to wish them in Doctrine and Discipline like the Church of England And I hope that was neither to Negotiate for Rome nor to reduce them to Heresie in Doctrine nor to Superstition and Idolatry in Worship no nor to Tyranny in Government All which are here most wrongfully imputed to me And this comparing of me with the Pope himself I could bear with more ease had I not Written more against Popish Superstition than any Presbyter in Scotland hath done And for my part I wou'd be contented to lay down my Life to Morrow upon Condition the Pope and Church of Rome would admit and confirm that Service-Book which hath been here so eagerly charged against me For were that done it would give a greater blow to Popery which is but the Corruption of the Church of Rome than any hath yet been given And that they know full well And whereas they say that for these things the Reformed Churches did separate from it and came forth of Babel That is true that they did separate and for these things But not till for the maintaining of the contrary to these things they were Excommunicated and Thrust out Then indeed they separated but not till they were forced by a double necessity of Truth from which they might not depart and of that Punishment which would not suffer them to enter And yet the Reformed Churches all and every of them had need look well to themselves For if they came out of Babel to run down into Egypt they 'll get little by the Bargain Now they end in Confidence We are therefore confident that your Lordships this they speak to the English Commissioners who were to deliver this their Charge against me into the Lords House will by your means deal effectually with the Parliament that this great Fire-brand may be presently removed from his Majesties Presence and that he may be put to Tryal and have his deserved Censure according to the Laws of the Kingdom Which shall be good Service to God Honour to the King and Parliament Terror to the Wicked and Comfort to all good Men and to us in special who by his means principally have been put to so many and grievous Afflictions wherein we had Perished if God had not been with us Decemb. 14. 1640. Ad. Blayer They were and they might well be confident upon their Lordships For all or some chief of that Committee were in league with them And some of them the principal Men which brought the Scots in to have their ends upon the King And they did deal effectually with the Parliament For as appears by the Date this Charge was delivered to the English Commissioners Decemb. 14. It was Read in the upper House and transmitted to the House of Commons and such haste made of it there that they though they had no Articles drawn yet came up in haste and accused me to the Lords of High Treason desiring my Commitment and Promising the bringing up of their Articles and Proof against me in convenient time So upon this Accusation only I was upon Decemb. 18. committed to Mr. James Maxwell the Officer of the House and so removed from his Majesty's Presence which was the great aim against me For they conceiv'd I wou'd speak my Conscience if I came near him And they could not with any Colour of Justice take me from him but by an Accusation of High Treason of which I would not for all the World be as Guilty as some of them are which Accused me This was their desire for my Commitment Their next desire was That I might be brought to Tryal and receive my Censure according to the Laws And this hath been and yet is my desire as well as theirs For I long for nothing more than a Tryal and I can fear no Censure that is according to Law and am as free from the Breach of any Law that can make me guilty of Treason as I was when my Mother bare me into the World And when I was thus far on upon my Answer I had remained at Mr. Maxwell's and in the Tower Eleven Months so many it was when I writ this But before I came to my Hearing I had been Thirteen Months in Prison and neither brought to Tryal no nor so much as a Particular Charge brought up against me that I might prepare for an Answer in so heavy a Business And I am somewhat farther of my Accusers Mind That to bring me to a just Tryal according to Law would be good Service to God Honour to the King and the Parliament who cannot but suffer in the Judgment of Moderate Men for laying a Man of my Place and Calling so long in Prison a thing without all Precedent and yet charging me with no particular Nay and I think in a good Sense too it would be a Terrour to the Wicked to see an Innocent Man brought to such a Tryal Yea and yet a Comfort to all Good Men too when they see that an Innocent Man shall not be let lye and languish to Death in Prison which may be my Case for ought I see but that in some time they may hope for Tryal Yea and to them the Scots in special For this Bold and most true Word I 'll speak The Scottish Nation in general the City of Edinburgh in special and very many particular Men of good Worth and some Men of Honour besides Clergy-men of all sorts during the time I had Interest in Court have been more beholding to me than to any ten English Subjects of what rank and condition soever And this his Majesty knows and I dare say will Witness And for their present Afflictions which they speak of the Current of this Discourse will shew to the indifferent Reader what a Principal means I have been of them In the mean time I little deserved from them the Name of This great Firebrand for many of them have warmed themselves at me but yet I never Fired any of them Nor can I make any doubt but that God will deliver me out of the midst of this Fire which he knows I kindled not Howsoever letthem take heed for as sure as they now make themselves in the Conjuncture of a great Party in which one Wave seconds and keeps up another yet though these Waves of the Sea are mighty and rage horribly the Lord that dwelleth on High is Mightier And under him I rest and I hope shall till their Waves be broken against some Rock or other
the King and his People And I have ever been of Opinion and I shall Live and Dye in it That there can be no true and setled Happiness in this or any other Kingdom but by a fair and Legal as well as Natural Agreement between the King and his People and that according to the Course of England this Agreement is in a great proportion founded upon Parliaments Now Parliaments as I humbly conceive can never better preserve their own Rights than by a free and honourable way to keep up the Greatness and Power of their King that so he may be the better able against all Forreign Practices to keep up the Honour as well as the Safety of the Nation both which usually stand or fall together And if any particular Mens Miscarriages have distempered any Parliaments and caused or occasioned a Breach I have upon the Grounds before laid been as sorry as any Man for it but never contributed any thing to it And I hope it is not Criminal to think that Parliaments may sometimes in some things by Misinformation or otherwise be mistaken as well as other Courts This in conclusion I clearly think Parliaments are the best preservers of the Ancient Laws and Rights of this Kingdom But this I think too that Corruptio optimi est Pessima that no Corruption is so bad so foul so dangerous as that which is of the best And therefore if Parliaments should at any time be misguided by practice of a 〈◊〉 Party nothing then so dangerous as such a 〈◊〉 because the highest Remedy being Corrupted 〈◊〉 〈◊〉 sure Redress left at all And we had a lamentable 〈◊〉 of such a Parliament 〈◊〉 Hen. 4. was set up For that 〈◊〉 was the Cause of 〈◊〉 the Civil Wars and that great 〈◊〉 of Blood which followed soon after in this Kingdom God make us mindful and careful to prevent the like The said Commons do farther aver that the said William Arch-Bishop of Canterbury during the time in which the Treasons and Offences afore-named were Committed hath been a Bishop or Arch-Bishop in this Realm of England one of the King's Commissioners for Ecclesiastical Matters and of his Majesty's most Honourable Privy Council And that he hath taken an Oath for his Faithful discharge of the said Office of Counsellor and hath likewise taken the Oath of Supremacy and Allegiance And the said Commons by Protestation saving to themselves the Liberty of Exhibiting at any time hereafter any other Accusation or Impeachment against the said Arch-Bishop and also of replying to the Answers that the said Arch-Bishop shall make unto the said Articles or to any of them and of offering farther Proof also of the Premises or any of them or of any other Impeachment or Accusation that shall be exhibited by them as the Case shall according to the Course of Parliaments require do pray that the said Arch-Bishop may be put to answer to all and every the Premises and that such Proceedings Examinations Tryal and Judgment may be upon every of them had and used as is agreeable to Law and Justice This is the Conclusion of these general Articles then put up against me and is added only for Form and so requires no Answer from me But in the Close they of the House of Commons make two Petitions to the Lords and both were granted as 't is fit they should The one is That they may add farther Accusations or farther Proof of this as the Course of Parliaments require And I refuse no such either Accusation or Proof so the due Course of Parliaments be kept The other is That there may be such Proceedings Examinations Tryal and Judgment as is agreeable to Law and Justice And such Proceedings my Innocency can never decline But whether the Proceedings hitherto against me be according to the Antient Proceedings in Parliament or to Law and Justice I leave Posterity to judge Since they which here seem so earnestly to call for Examinations Tryal and Judgment have not to this Day proceeded to any Tryal nay have not so much as brought up any particular Charge against me it being almost a full Year since they brought up this general Charge and called for Examinations and Tryal and yet have kept me in Prison all this while to the great Weakning of my Aged Body and Waste of my poor Fortunes And how much longer they mean to keep me there God knows Whereas all that I do desire is a Just and Fair Tryal with such an Issue better or worse as it shall 〈◊〉 God to give CAP. VIII WHen these Articles had been Read unto me in the Upper House and I had spoken to the Lords in a general Answer to them what I thought fit as is before expressed I humbly desired of the Lords this being upon Friday Feb. 26. that my going to the Tower might be put off till the Monday after that so I might have time to be the better fitted for my Lodging This I humbly thank their Lordships was granted I returned to Mr. Maxwell's Custody and that Afternoon sent my Steward to Sir William Balfore then Lieutenant that a Lodging might be had for me with as much convenience as might be On Munday March 1. Mr. Maxwell carried me in his Coach to the Tower St. George's Feast having been formerly put off was to begin that Evening By this means Mr. Maxwell whose Office tied him to attendance upon that Solemnity could not possibly go with me to the Tower at Evening as I desired Therefore Noon when the Citizens were at Dinner was chosen as the next fittest time for Privateness All was well till I passed through Newgate Shambles and entred into Cheapside There some one Prentice first Hallowed out more and followed the Coach the Number still increasing as they went till by that time I came to the Exchange the shouting was exceeding great And so they followed me with Clamour and Revilings even beyond Barbarity it self not giving over till the Coach was entred in at the Tower-Gate Mr. Maxwell out of his Love and Care was extreamly troubled at it but I bless God for it my Patience was not moved I looked upon a higher Cause than the Tongues of Shimei and his Children The same Day there was a Committee for Religion named in the Upper House of Parliament Ten Earls Ten Bishops and Ten Barons So the Lay Votes will be double to the Clergy that they may carry what they will for Truth This Committee professes to meddle with Doctrine as well as Ceremonies and to that end will call some Divines to them to consider of and prepare Business This appears by a Letter sent by Dr. Williams then Lord Bishop of Lincoln now Lord Arch-Bishop of York to some Divines which were named to attend this Service The Copy of the Letter follows WIth my best Wishes unto you in Christ Jesus I am Commanded by the Lords of the Committee for Innovations in Matters of
's no Proof at all but his Belief Lastly here can be no Treason but against Dedham or Sherman that I can discover The next to Sherman comes in my great Friend Alderman Atkins and he Testifies That when he was brought to the Council-Table about the Ship-Money none was so violent against him as I was and that this Pressure for Ship-Money was before the Judges had given Sentence for the King And that at another time I pressed him hard to lend Money the King being present At which time he conceived that I favoured Alderman Harrison for Country sake because himself was Committed and not the other To this I must confess I did use to be Serious and Zealous too in his Majesty's Service but not with any the least intention to violate Law And if this here instanced were before the Judgment given for the King yet it was long after the Judges had put the Legality of it under their Hands And I for my part could not conceive the Judges would put that under their Hands to be Law which should after be found unlawful Therefore in this as I Erred with Honourable Company at the Council-Table so both they and I had as we thought sufficient Guides to lead us As for the 〈◊〉 which he puts upon me in preserving my Country-man Alderman Harrison from Prison First he himself durst not affirm it upon his Oath but says only that he Conceives I favoured him but his Conceit is no Proof Secondly if I had favoured him and done him that Office 't is far short of Treason But the Truth is Alderman Harrison gave a modest and a civil Answer but this Man was Rough even to Unmannerliness and so far as I remember was Committed for that And whereas he says I Pressed him hard to lend Money and that none was so violent as I he is much mistaken For of all Men in that Fraternity I durst never Press him hard for any thing least of all for Money For I knew not what Stuffing might fly out of so full a Cushion as afterwards 't is said did when being a Colonel he was pressed but not hard in a little Skirmishing in Finsbury-Fields Then it was urged that I aggravated a Crime against Alderman Chambers and told him that if the King had many such Chambers he would have never a Chamber to Rest in That in the Case of Tunnage and Poundage he laboured to take Bread from the King And that I Pressed upon him in the Business of Coat and Conduct-Money To this I gave this Answer That by the Affection Mr. Chambers then shewed the King I had some Reason to think he desired so many Chambers to his use that if the King had many such Subjects he might want a Chamber for himself or to that effect And the violence of his Carriage in that Honourable Assembly gave just Occasion to other Men to think so But as for the Business of Tunnage and Poundage and of Coat and Conduct-Money I conceived both were Lawful on the King's part And I was led into this Opinion by the express Judgment of some Lords present and the Silence of others in that behalf none of the great Lawyers at the Table contradicting either And no Witness to this but Alderman Chambers himself The sixth Particular was That I urged the business of Ship-Money upon Alderman Adams To this my Answer was That I never pressed the Ship-Money but as other Lords did at the Council-Table nor upon other grounds Nor doth Alderman Adams say any more than that he was pressed to this payment by me and others And to me it seems strange and will I hope to all Men else that this and the like should be a common Act of the Lords at the Council-Table but should be High-Treason in no body but in me And howsoever if it be Treason 't is against three Aldermen Atkins Chambers and Adams The Seventh Particular was that I was so violent about the slighting of the King's Proclamations as that I said A Proclamation was of as great force or equal to a Statute-Law And that I compared the King to the Stone spoken of in the Gospel That whosoever falls upon it shall be broken but upon whomsoever it falls it will grind him to powder And for this they brought three Witnesses Mr. Griffin and Tho. Wood and Rich. Hayles 1. This was in the Case of the Soap-business and the two Witnesses were Soap-boylers They and their Company slighted all the Proclamations which the King set out and all the Lords in the Star-Chamber were much offended as I conceive they had great Reason to be at the great and open daring of that whole Company And whatsoever Sentence passed upon them in that whole Business was given by the Court of Star-Chamber not by me For the Words First these Men have good Memories that can punctually being plain ordinary Men Swear Words spoken full Twelve Years since And yet as good as their Memory is they Swear doubtfully touching the time as that the Words were spoken in May 1632 or 33. 2. Secondly my Lords 't is impossible these Words should be spoken by me For I think no Man in this Honourable Presence thinks me so ignorant as that I should not know the vast difference that is between an Act of Parliament and a Proclamation Neither can these Gentlemen which press the Evidence think me so wilfully foolish so to speak considering they accuse me here for a Cunning Delinquent So God forgive these Men the Falshood and the Malice of this Oath 3. For the Words spoken of the Stone in Scripture 't is so long since I cannot recal whether I said it or no Nor have I any great Reason to believe these Angry Witnesses in their own Cause But if by way of Allusion I did apply that place to the King and them 't is far enough from Treason And let them and their like take heed lest it prove true upon themselves For seldom do Subjects fall upon their King but in the end they are broken and if it so happen that he falls upon them they are ground to powder And Salomon taught me this Answer where he says The Anger of a King is Death And yet I would not be mistaken For I do not conceive this is spoken of a King and his Natural Anger though it be good Wisdom to stir as little Passion in Kings as may be but of his Legal Anger According to which if the Stone roul strictly few Men can so Live but for something or other they may be in danger of grinding 4. And for these Soap-boylers they have little cause to be so vehement against me For if the Sentence passed against them in the Star-Chamber were in any thing illegal though it were done by that Court and not by me yet I alone so soon as I heard but muttering of it was the only means of resetling them and their Trade which none of all the Lords
and not follow it in his own Name himself confesses was made in open Court by Mr. Bierly and that from me he had no Instructions at all 2. The second Witness is Adams in his own Cause To the place of Scripture I have spoken already And the next that he says is That Sir Nath. Brent in my Visitation commanded the setting of the Communion Table at the upper end of the Chancel That upon his not blotting out the passage of Scripture he had an Action and that his Solicitor was Committed by J. Jones till he relinquished his Suit In all this there is not one word of any thing that I did And for that which Sir Nath. Brent did about placing the Communion Table 't is answered before He says also that when he saw that he must Prosecute his Suit against Commissary Dade in his own Name he left the Kingdom And surely my Lords if he would leave the Kingdom rather than Prosecute his Cause in his own Name 't is more than a sign that his Cause was not very good 3. The third Witness was Mr. Cockshot one of Mr. Attorney Banks his Servants He says that Adams moved him and he Mr. Attorney and that thereupon Mr. Attorney gave his Warrant against Dade By which your Lordships may see how active Mr. Cockshot was against a Church-Officer and in so foul a Scandal He says also that Mr. Dade came to Mr. Attorney and told him that I did not think it fit a Prosecution in such a Cause should be followed in Mr. Attorney's Name First 't is true I did not think it fit nor did Mr. Attorney himself when upon Mr. Bierlye's Motion he fully understood it Secondly the Cause being so scandalous to a Church-Officer I conceive I might so say to Mr. Dade or any other without offence But then thirdly here 's not one word that I sent Mr. Dade to Mr. Attorney about it He came and used my Name so Mr. Cockshot says but not one word that I sent him Lastly he says That Mr. Attorney told him that I blamed him for the business and that thereupon he chid this Witness and sent him to me and that I rebuked him for it but he particularly remembers not what I said Nor truly my Lords do I remember any of this But if I did blame Mr. Attorney for lending his Name in such a Scandalous Cause as this I did as I conceive what became me And if he chid his Man he did what became him And if I rebuked Mr. Cockshot when he was sent to me sure he deserved it and it seems it was with no great sharpness that he cannot remember any thing of it And so I answer'd Mr. Browne when he instanced in this 4. The last Witness was Mr. Pryn who says no Appeal was left him But that under Favour cannot be For if my Courts refused him which is more than I know he might have Appealed to the Delegats He says That he advised Adams to an Action of the Case that he blamed Lechford for deserting the Suit and that he advised him to go to Mr. Attorney So here 's no assistance wanting to Adams but the Church-Officer Mr. Dade must have none Yet I blame not Mr. Pryn because he says he did it as his Councel He says farther That when Adams was put to prefer his Bill in his owne Name that then the Excommunication was pleaded in Bar But he doth not say it was pleaded by me or my Advice nor do I hear him say it was unjustly pleaded And had not Adams been wilful he might have taken off the Excommunication and then proceeded as it had pleased him Then the Charge went on against me about the stop of Mr. Bagshawe the Reader of the Middle-Temple The Witnesses are two Lawyers which accompanied Mr. Bagshawe to Lambeth Mr. White and Mr. Pepys They say that Mr. Bagshawe insisted upon these two points First that a Parliament might be held without Bishops and Secondly that Bishops might not meddle in Civil affairs My Lords these things are now setled by an Act of this Parliament but then they were not And I conceive under Favour that Mr. Bagshawe the Crasiness of these Times considered might have bestowed his time better upon some other Argument And sure no Man can think that either my self or any Church-Governour could approve his Judgment in that Particular And whereas they say that the Lord Keeper Finch and the Lord Privy Seal told them that I was the Man that complained of it to the King and the Lords 'T is most true I did so and I think I had been much to blame if I had not done it And if when they came over to Lambeth about it they heard me tell Mr. Bagshawe as they also say they did that he should answer it in the High-Commission Court next Term I humbly conceive this no great Offence but out of all Question no Treason to threaten the High-Commission to a Reader of the Inns of Court The last Charge of this Day was concerning the Lord Chief Justice Richardson and what he suffered for putting down Wakes and other disorderly Meetings in Sommersetshire at the Assises there holden The single Witness to this is Edward Richardson a Kinsman of the Judges as I suppose He says That Complaints were made to the Judge of Wakes and Feasts of Dedication that his Majesty writ Letters about it to Sir Robert Philips and others They Certify a Command comes by the Lord Keeper to revoke the Order next Assises First 't is not done Then by Command from the Lords of the Council the Judge upon that second Command revokes it but as 't is Certified not fitly In all this here 's not one Word that concerns me Then he says That upon this last Certificate the business was referred to the Lord Marshal and my self and the Judge put from that Circuit I cannot now remember what Report we made But what e're it was the Lord Marshal agreed to it as well as I. Then a Letter of mine was produced of Octob. 4. 1633. But the Letter being openly read nothing was found amiss in it And under your Lordships Favour I am still of Opinion that there is no Reason the Feasts should be taken away for some Abuses in them and those such as every Justice of Peace is able by Law to remedy if he will do his Duty Else by this kind of proceeding we may go back to the old Cure and Remedy Drunkenness by rooting out all the Vines the Wine of whose Fruit causes it As for the Pretences which this Witness spake of they were none of mine as appears Evidently by the Letter it self As an Appendix to these was added a Letter of my Secretary Mr. Dell to Sir John Bridgman Chief Justice of Chester in a Cause of one Ed. Morris It was as I think it appears upon an Incroachment made in the Marches Court upon the Church In which Case I conceive by my Place
agrees as he said with my Judgment For that in a Paper of Bishop Harsnett's there is a Marginal Note in my Hand that Salvo Jure Coronae is understood in the Oaths of a King But first there 's a great deal of difference between Jus Regis Praerogativa between the Right and Inheritance of the King and his Prerogative though never so Legal And with Submission and until I shall be convinced herein I must believe that no King can Swear himself out of his Native Right Secondly If this were and still be an Error in my Judgment that 's no Argument at all to prove Malice in my Will That because that is my Judgment for Jus Regis therefore I must thrust Praerogativam Regis which is not my Judgment into a Publick Oath which I had no Power to alter These were all the Proofs which Mr. Maynard at first and Mr. Brown at last brought against me in this Particular And they are all but Conjectural and the Conjectures weak But that I did not alter this Oath by adding the Prerogative the Proofs I shall bring are Pregnant and some of them Necessary They are these 1. My Predecessor was one of the Grand Committee for these Ceremonies That was proved by his Servants to the Lords Now his known Love to the Publick was such as that he would never have suffered me or any other to make such an Alteration Nor would he have concealed such a Crime in me loving me so well as he did 2. Secondly 'T is Notoriously known that he Crowned the King and Administred the Oath which was avowed also before the Lords by his Ancient Servants And it cannot be rationally conceived he would ever have Administred such an alter'd Oath to his Majesty 3. Thirdly 'T is expressed in my Diary at Januar. 31. 1625. And that must be good Evidence for me having been so often produced against me that divers great Lords were in this Committee for the Ceremonies and did that Day sit in Council upon them And can it be thought they would not so much as compare the Books Or that comparing of them they would indure an Oath with such an Alteration to be Tender'd to the King Especially since 't is before confessed that One Copy of King James his Coronation had this Alteration in it and the other had it not 4. Fourthly 'T is expressed in my Diary and made use of against me at Januar. 23. 1625. That this Book urged against me did agree per Omnia cum Libro Regali in all things with the King's Book brought out of the Exchequer And if the Book that I then had and is now insisted upon did agree with that Book which came out of the Exchequer and that in all things how is it possible I should make this Alteration 5. Fifthly with much Labour I got the Books to be compared in the Lords House That of King James his Coronation and this of King Charles And they were found to agree in all things to a Syllable Therefore 't is impossible this should be added by me And this I conceive cuts off all Conjectural Proofs to the contrary Lastly In the Printed Book of the Votes of this present Parliament it is acknowledged that the Oath given to King James and King Charles was the same The same Therefore unaltered And this Passage of that Book I then shewed the Lords in my Defence To this Mr. Maynard then replyed That the Votes there mentioned were upon the Word Elegerit and the doubt whether it should be hath chosen or shall chuse I might not then Answer to the Reply but the Answer is plain For be the occasion which led on the Votes what it will as long as the Oath is acknowledged the same 't is manifest it could not be altered by me And I doubt not but these Reasons will give this Honourable House Satisfaction that I added not this Particular of the Prerogative to the Oath Mr. Brown in his last Reply passed over the other Arguments I know not how But against this he took Exception He brought the Book with him and Read the Passage And said as far as I remember that the Votes had Relation to the Word Chuse and not to this Alteration Which is in Effect the same which Mr. Maynard urged before I might not Reply by the Course of the Court but I have again considered of that Passage and find it plain Thus First they say They have considered of all the Alterations in the Form of this Oath which they can find Therefore of this Alteration also if any such were Then they say Excepting that Oath which was taken by his Majesty and his Father King James There it is confessed that the Oath taken by them was one and the same called there That Oath which was taken by both Where falls the Exception then For 't is said Excepting that Oath c. why it follows Excepting that the Word Chuse is wholly left out as well hath Chosen as will Chuse Which is a most manifest and evident Confession that the Oath of King James and King Charles was the same in all things to the very leaving out of the Word Chuse Therefore it was the same Oath all along No difference at all For Exceptio firmat Regulam in non Exceptis and here 's no Exception at all of this Clause of the Prerogative Therefore the Oath of both the Kings was the same in that or else the Votes would have been sure to mention it Where it may be observed too that Serjeant Wilde though he knew these Votes and was present both at the Debate and the Voting and so must know that the Word Chuse was omitted in both the Oaths yet at the first he Charged it eagerly upon me that I had left this Clause of Chusing out of King Charles his Oath and added the other God forgive him But the World may see by this and some other Passages with what Art my Life was sought for And yet before I quite leave this Oath I may say 't is not altogether improbable that this Clause And agreeing to the Prerogative of the King 's thereof was added to the Oath in Edward 6. or Queen Elizabeth's time And hath no Relation at all to the Laws of this Kingdom absolutely mentioned before in the beginning of this Oath But only to the Words The Profession of the Gospel Established in this Kingdom And then immediately follows And agreeing to the Prerogative of the Kings thereof By which the King Swears to maintain his Prerogative according to God's Law and the Gospel Established against all foreign Claims and Jurisdictions whatsoever And if this be the meaning he that made the Alteration whoever it were for I did it not deserves Thanks for it and not the Reward of a Traytor Now to return to the Day The Fourth Charge went on with the Ceremonies still But Mr. Serjeant was very nimble For he leaped from the Coronation at Westminster