the Bar there was Alderman Hoyle of York and some other which I knew not very Angry and saying it was a very strange Conversion that I was like to make of them with other Terms of Scorn I went patiently into the little Committee-Chamber at the entring into the House Thither Mr. Peters followed me in great haste and began to give me ill Language and told me that he and other Ministers were able to name Thousands that they had Converted I knew him not as having never seen him to my remembrance in my Life though I had heard enough of him And as I was going to answer him one of my Councel Mr. Hearn seeing how violently he began stepped between us and told him of his uncivil Carriage towards me in my Affliction And indeed he came as if he would have struck me By this time some occasion brought the Earl of Essex into that Room and Mr. Hearn complained to him of Mr. Peters his usage of me who very Honourably checked him for it and sent him forth Not long after Mr. Hearn was set upon by Alderman Hoyle and used as coursly as Peters had used me and as far as I remember only for being of Councel with such a one as I though he was assigned to that Office by the Lords What put them into this Choler I know not unless they were Angry to hear me say so much in my own Defence especially for the Conversion of so many which I think they little expected For the next day a great Lord met a Friend of mine and grew very Angry with him about me not forbearing to ask what I meant to Name the Particulars which I had mentioned in the end of my Speech saying many Godly Ministers had done more And not long after this the day I now remember not Mr. Peters came and Preached at Lambeth and there told them in the Pulpit that a great Prelat their Neighbour or in words to that effect had bragged in the Parliament-House that he had Converted Two and Twenty but that he had Wisdom enough not to tell how many Thousands he had Perverted with much more abuse God of his Mercy relieve me from these Reproaches and lay not these Mens causeless Malice to their Charge After a little stay I received my Dismission for that time and a Command to appear again the next day at Nine in the Morning Which was my usual Hour to attend though I was seldom called into the House in two Hours after CAP. XXIII The Second Day of my Hearing I Came as commanded But here before the Charge begins I shall set down the Articles upon which according to the Order of March 9. they which were intrusted with the Evidence meant this Day to proceed They were the First and Second Original Articles and the Second Additional Article which follow in these words 1. That he hath Traiterously endeavoured to subvert the Fundamental Laws and Government of the Kingdom of England and instead thereof to introduce an Arbitrary and Tyrannical Government against Law and to that end hath wickedly and traiterously advised his Majesty that he might at his own Will and Pleasure Levy and take Money of his Subjects without their Consent in Parliament and this he affirmed was Warrantable by the Law of God 2. He hath for the better accomplishment of that his traiterous Design advised and procured divers Sermons and other 〈◊〉 to be Preached Printed and Published in which the Authority of Parliaments and the Force of the Laws of the Kingdom are denyed and an Absolute and Unlimited Power over the Persons and Estates of his Majesty's Subjects is maintained and defended not only in the King but also in himself and other Bishops above and against the Law and he hath been a great Protector Favourer and Promoter of the Publishers of such false and Pernicious Opinions Second Additional Article 2. That within the space of Ten Years last past the said Arch-Bishop hath Treacherously endeavoured to subvert the Fundamental Laws of this Realm and to that end hath in like manner endeavoured to advance the Power of the Council-Table the Canons of the Church and the King's Prerogative above the Laws and Statutes of the Realm And for manifestation thereof about Six Years last past being then a Privy Counsellor to his Majesty and sitting at the Council-Table he said That as long as he sate there they should know that an Order of that Board should be of equal Force with a Law or Act of Parliament And at another Time used these Words That he hoped e're long that the Canons of the Church and the King's Prerogative should be of as great Power as an Act of Parliament And at another Time said That those which would not yield to the King's Power he would crush them to pieces These three Articles they begun with and the first Man appointed to begin was Mr. Maynard And after some general things against me as if I were the most violent Man for all illegal Ways The First Particular charged against me was out of my Diary The Words these The King Declared his Resolution for a Parliament in Case of the Scottish Rebellion The First Movers of it were my Lord Deputy of Ireland the Lord Marquess Hamilton and my self And a Resolution voted at the Board to Assist the King in Extraordinary Ways if the Parliament should prove peevish and refuse c. The Time was Decemb. 5. 1639. That which was inforced from these Words was First that I bestowed the Epithete Peevish upon the Parliament And the Second that this Voting to Assist the King in Extraordinary Ways in Case the Parliament refused proceeded from my Counsel 1. To this I replyed And first I humbly desired once for all that all things concerning Law may be saved entire unto me and my Councel to be heard in every such Particular 2. Secondly that the Epithete Peevish was a very Peevish Word if written by me I say If For I know into whose Hands my Book is fallen but what hath been done with it I know not This is to be seen some Passages in that Book are half burnt out whether Purposely or by Chance God knows And some other Papers taken by the same Hand from me are now wanting Is it not possible therefore some Art may be used in this Besides if I did use the Word Peevish it was in my Private Pocket Book which I well hoped should never be made Publick and then no Disgrace thereby affixed to the Parliament And I hope should a Man forget himself in such an Expression of some Passage in some one Parliament and this was no more it is far short of any thing that can be called Treason And yet farther most manifest it is in the very Words themselves that I do not bestow the Title upon that Parliament in that Case but say only If it should prove Peevish which is possible doubtless that in some particulars a Parliament may Though
there present p. 28 32 35 42. Nay more this proceeding tam in locis Exemptis quam non Exemptis is allowed to the Governours of the Church in the Exercise of their Ecclesiastical Jurisdiction by Act of Parliament in Queen Elizabeth's Time which would never have been allowed had it then been thought such a dangerous Business as 't is now made against me 2. The Second Clause was Power to Censure by Fine and Imprisonment This also I shewed in the old Commission Fol. 37. and is as I conceive in plain pursuance of the Act of Parliament upon which the High-Commission is grounded For the King says there Fol. 13. And so 't is in the new That he grants this Power by Vertue of his Supream Authority and Prerogative Royal and of the said Act. Nay farther 't is added in this latter Commission and by our Authority Ecclesiastical which is not expressed in the former And sure I would never have caused Authority Ecclesiastical to be added had I any Plot as 't is urged either to exalt the Clergy above the Laity or to usurp Papal Power which all Men know is far enough from ascribing Ecclesiastical Authority to the King And as for Fine and Imprisonment if that Power be not according to Law why was it first admitted and after continued in all former Commissions 3. The Third Clause was the Non Obstante which he said was against all Law and of such a boundless Extent as was never found in Commission or other Grant in England And he here desired the Lords that he might read it which he did with great Assurance of a Triumph But after all this Noise which Mr. Nicolas had made I shewed the same Non Obstante in the Old Commission 〈◊〉 62. Word for Word which I humbly desired might be read and compared It was so The Lords looked strangely upon it Mr. Nicolas was so startled that he had not Patience to stay till his Reply which he saw impossible to be made but interrupted me and had the Face to say in that Honourable Assembly that I need not stand upon that for he did but name that without much regarding it And yet at the giving of the Charge he insisted principally upon that Clause and in higher and louder Terms than are before expressed Had such an Advantage been found against me I should have been accounted extreamly Negligent if I compared not the Commissions together or Extreamly Impudent if I did 4. The Fourth Exception was That by this Commission I took greater Power than ever any Court had because both Temporal and Ecclesiastical First whatsoever Power the High-Commission had was not taken by them till given by his Majesty and that according to Use and Statue for ought hath been yet declared Secondly they have not Power of Life or Limb therefore not so great Power as other Courts have Thirdly they may have more various Power in some respects but that cannot make it greater As for the Expression in which 't is said I took this Power that is put most unworthily and unjustly too to derive the Envy as much as he could upon my Person only For he could not hold from comparing me to Pope Boniface 8. and saying that I took on me the Power of both Swords But this was only ad Faciendum Populum For he knows well enough that to take both the Swords as the Pope takes them is to challenge them Originally as due to him and his Place Not to take both as under the Prince and given by his Authority and so not I alone but all the Commissioners take theirs 5. Fifthly To prove that this vast Commission as it was called was put in execution Mr. Burton is produced He says that when he was called into the High-Commission he appealed to the King and pleaded his Appeal and that thereupon I and the Bishop of London Writ to the King to have him submit to the Court He confesses he was dismissed upon his Appeal till his Majesty's Pleasure was farther known And it was our Duty considering what a Breach this would make upon the Jurisdiction of the Court to inform his Majesty of it and we did so The King declared that he should submit to the Court as is confessed by himself Then he says because he would not submit to the Court he was Censured notwithstanding his Appeal And he well deserved it that would not be ruled by his Majesty to whom he had appealed And the Commission had Power to do what they did Besides himself confesses all this was done by the High-Commission not by me Nor doth he urge any Threat Promise or Solicitation of mine any way to particularize the Act upon me and farther he is single and in his own Cause Then followed the last Charge of this Day which was the Patent granted for the Fines in the High-Commission for Finishing the West End of St Pauls cryed out upon as Illegal and Extorted from the King and such as took all Power from him for the space of the Ten Years for which time it was granted This is the Fourth time that St Pauls is struck at My Lords let it come as often as it will my Project and Endeavour in that Work was Honest and Honourable to both Church and Kingdom of England No Man in all this Search and Pursuit hath been able to charge me with the turning of any one Penny or Pennyworth to other use than was limited to me I took a great deal of Care and Pains about the Work and cannot repent of any thing I did in that Service but of Humane Frailty And whereas 't is said this Patent was extorted from his Majesty as there is no Proof offered for it so is there no truth in it For his Majesty's Piety was so forward that nothing needed to be extorted from him Thus went I on Bonâ Fide and took the Prime Direction of the Kingdom for drawing the Patent The Lord Keeper Coventry Mr. Noy and Sir Henry Martin And therefore if any thing be found against Law in it it cannot be imputed to me who took all the care I could to have it beyond exception And I marvel what security any Man shall have that adventures upon any great and publick Work in this Kingdom if such Councel cannot be trusted for drawing up of his Warrant And whereas it was said this Patent for the Ten Years space took away both Justice and Mercy from the King That 's nothing so For whatever the Words be to enable me the better for that Work yet these being inseparable from him may be used by him notwithstanding this or any other Patent And if these be inseparable as 't is granted they are no inseparable thing can be taken away or if it be taken 't is void in Law and the King is where he was in the Exercise of his Right both for Justice and Mercy And so I answered Mr. Brown's summary Charge against me and as for that
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
Tyrannical Government contrary to Law I could not endeavour this my knowledge and judgment going ever against an Arbitrary Government in comparison of that which is settled by Law I learned so much long ago out of Aristotle and his Reasons are too good to be gone against And ever since I had the honour to sit at the Council Table I kept my self as much to the Law as I could and followed the Judgment of those great Lawyers which then sat at the Board And upon all References which came from His Majesty if I were one I left those freely to the Law who were not willing to have their business ended any other way And this the Lord Keeper the Lord Privy Seal and the Councel Learned which attended their Clients Causes can plentifully witness I did never advise His Majesty that he might at his own Will and Pleasure levy Money of his Subjects without their Consent in Parliament Nor do I remember that ever I affirmed any such thing as is Charged in the Article But I do believe that I may have said something to this effect following That howsoever it stands by the Law of God for a King in the just and necessary defence of himself and his Kingdom to levy Money of his Subjects yet where a particular National Law doth intervene in any Kingdom and is settled by mutual consent between the King and his People there Moneys ought to be Levied by and according to that Law And by God's Law and the same Law of the Land I humbly conceive the Subjects so met in Parliament ought to supply their Prince when there is just and necessary cause And if an Absolute necessity do happen by Invasion or otherwise which gives no time for Counsel or Law such a Necessity but no pretended one is above all Law And I have heard the greatest Lawyers in this Kingdom confess that in times of such a Necessity The King 's Legal Prerogative is as great as this And since here is of late such a noise made about the Subversion of the Fundamental Laws of the Kingdom and Mens Lives called this way in question 't is very requisite that these Fundamental Laws were known to all Men That so they may see the danger before they run upon it Whereas now the Common Laws of England have no Text at all In so much that many who would think themselves wronged if they were not accounted good Lawyers cannot in many points assure a Man what the Law is And by this means the Judges have liberty to retain more in Scrinio Pectoris than is fitting and which comes a little too near that Arbitrary Government so much and so justly found fault with Whereas there is no Kingdom that I know that hath a setled Government but it hath also a Text or a Corpus Juris of the Laws written save England So here shall be as great a punishment as is any where for the breach of the Laws and no Text of them for a Man's direction And under favour I think it were a work worthy a Parliament to Command some prime Lawyers to draw up a Body of the Common Law and then have it carefully Examined by all the Judges of the Realm and thoroughly weighed by both Houses and then have this Book Declared and Confirmed by an Act of Parliament as containing the Fundamental Laws of the Kingdom And then let any Man go to Subvert them at his Peril 2. He hath for the better accomplishment of that his Trayterous Design advised and procured divers Sermons and other Discourses to be Preached Printed and Published in which the Authority of Parliaments and the force of the Laws of this Kingdom are denied and an Absolute and Vnlimited Power over the Persons and Estates of his Majesties Subjects is maintained and defended not only in the King but also in himself and other Bishops above and against the Law And he hath been a great Protector Favourer and Promoter of the Publishers of such false and pernicious Opinions I have neither advised nor procured the Preaching Printing or Publishing of any Sermons or other Discourses in which the Authority of Parliaments and the force of the Laws of this Kingdom are denied and an Absolute and Unlimited Power over the Persons and Estates of his Majesty's Subjects maintained and defended Nay I have been so far from this that I have since I came into place made stay of divers Books purposely written to maintain an Absolute Power in the Kingdom and have not suffered them to be Printed as was earnestly desired And were it fit to bring other Mens Names in question and expose their Persons to danger I have some of those Tracts by me at this present And as I have not maintained this Power in the King's Majesty so much less have I defended this or any other Power against Law either in my self or other Bishops or any other Person whatsoever Nor have I been a Protector Favourer or Promoter of any the Publishers of such false and pernicious Opinions knowing them to be such Men. 3. He hath by Letters Messages Threats Promises and divers other ways to Judges and other Ministers of Justice interrupted and perverted and at other times by the means aforesaid hath indeavoured to interrupt and pervert the course of Justice in his Majesty's Courts at Westminster and other Courts to the Subversion of the Laws of this Kingdom whereby sundry of his Majesty's Subjects have been stopped in their Just Suits and deprived of their Lawful Rights and subjected to his Tyrannical Will to their utter Ruin and Destruction I have neither by Letters Messages Threats nor Promises nor by any other Means endeavoured to interrupt or pervert the course of Justice in his Majesty's Judges or other Ministers of Justice either to the Subversion of the Law or the stopping of the Subjects in their Just Suits Much less to the ruin or destruction of any one which God forbid I should ever be guilty of The most that ever I have done in this kind is this When some poor Clergy-Men which have been held in long Suits some Seven Nine Twelve Years and one for Nineteen Years together have come and besought me with Tears and have scarce had convenient Clothing about them to come and make their address I have sometimes underwritten their Petitions to those Reverend Judges in whose Courts their Suits were and have fairly desired Expedition for them But I did never desire by any Letter or Subscription or Message any thing for any of them but that which was according to the Law and Justice of the Realm And in this particular I do refer my self to the Testimony of the Reverend Judges of the Common Law 4. That the said Arch-Bishop hath Traiterously and Corruptly sold Justice to those that have had Causes depending before him by Colour of his Ecclesiastical Jurisdiction as Arch-Bishop High-Commissioner Referree or otherwise and hath taken unlawful Gifts and Bribes of his
Majesty's Subjects And hath as much as in him lyeth indeavoured to corrupt other Courts of Justice by advising and procuring his Majesty to sell places of Judicature and other Offices and procuring the Sale of them contrary to the Laws and Statutes in that behalf I did least of all expect this Charge For I have not corruptly sold Justice either as Arch-Bishop High-Commissioner Referree or otherwise Nor have I taken any unlawful Gift or Bribe of any his Majesty's Subjects And though in this Article there is no particular mentioned more than in the rest yet I am not ignorant that I have been Charged in the House of Commons for taking two Pipes of Sack from one Mr. Tho. Stone as a Bribe for the abarement of a Fine imposed upon some Men of Chester by the High-Commission at York Which power of Abatement was in me by vertue of a Broad-Seal granted me to that purpose bearing Date ..... Now because there is no Particular known to me but this belonging to this or any other Article and because I know not what course the Parliament will hold with me namely whether they will produce Particulars or proceed by Bill of Attainder I will take opportunity here to unfold all that is true in this odious Accusation of Stone And the Case is thus Mr. Stone knowing that these Fines with other were given by his Majesty towards the repair of St. Pauls in London and that the Trust of that Business with Power to abate any Fine was committed to me under the Broad Seal of England became a very earnest Suiter to me in the behalf of these Chester-Men fined at York And he set divers of his Friends and mine upon me for abatement of this Fine And among others his own Son-in-Law Mr. William Wheat Barrister at Law who had been bred under me in St. John's Colledge in Oxford and Mr. Wheat 's Brother Doctor Baylie then Dean of Salisbury In this Suit Stone pretended and protested too that these Men ought him two or three Thousand Pound I well remember not whether and that he should lose it all if these Mens Fines were not abated For they would hide their Heads and never appear again During this Suit he came twice if not thrice to my Steward and told him he had at present excellent Sack and that he would send in two Pipes for me My Steward at each time refused his motion and acquainted me with it as my Command ever was he should do in Cases of receiving any thing into my House I at every of these times commanded it should not be received Mr. Stone then protested to my Steward that he did not offer this as any Bribe or Gratuity for the business of the Chester-Men but meerly as a Token of his Thankfulness for many and great Kindnesses done by me to himself his Son-in-Law and his Friend Doctor Baylie Notwithstanding this I gave absolute Command the Sack should not be received When Mr. Stone saw this he found a time to send in the Sack when my Steward was not in the House and told my Under-Servants that my Steward was acquainted with it The next time Mr. Stone came to the House which as far as I remember was the very next day My Steward told him he would send back the Sack and was about to do it as he after assured me Then Mr. Stone was very earnest with him that he would save his Credit and not send the Wine back to his disgrace renewing his former deep Protestations that he had in this no relation at all to the Chester-Mens business Upon this my Steward being acquainted with him and his fore-named Friends trusted him and let the Wine stay contrary to my former Commands After all this this unworthy Man put the price of this Wine upon the Chester-Mens Account as if for that Gift I had abated their Fine and so gave them an occasion to complain of me to the Parliament Whereas both the Chester-Men and Mr. Stone himself had before acknowledged I had used them kindly in the Composition for their Fine and wished they had been referred to me for the whole Cause And for my whole carriage in this business I dare refer my self to the Testimony of Mr. Stone 's own Son-in-Law and Doctor Baylie who were the chief Men whom Mr. Stone imployed to me Besides after all this cunning it will appear by my Servants their Accounts that the Wine was not brought into my House in the cunning manner before mentioned till divers days after I had compounded with the Chester-Men for their Fine so a Bribe for doing a business it could not be And upon the whole matter I am verily perswaded considering Stone 's Profession in Religion for he is a Brownist or next Neighbour to him that he did this of set purpose to see if he could insnare me in this way Lastly I desire the Lords and all Men that have had any thing to do with me to look upon me in the whole course of my Life wherein they shall find me untainted with so much as the value of Six-pence in this base way And it is not unknown to the World that for many Years together I had opportunities enough to inrich my self by such a way had I been minded to take that course Whereas now it is well known my Estate is the meanest of any Arch-Bishop's of Canterbury that hath sate for many Years And having carried it thus along for all my Life I presume no Man can be so injurious to me as to think I would now in mine Old Age being Sixty Eight when this was Charged upon me sell either my Conscience or my Honour for a Morsel of Bread or a Cup of Wine And for the other part of this Article I did never advise his Majesty to sell Places of Judicature or other Offices or procure the Sale of them contrary to Law 5. He hath Traiterousty caused a Book of Canons to be Composed and Published and those Canons to be put in Execution without any lawful Warrant and Authority in that behalf In which pretended Canons many Matters are contained contrary to the King's Prerogative to the Fundamental Laws and Statutes of this Realm to the Right of Parliament to the Propriety and Liberty of the Subjects and Matters tending to Sedition and of dangerous Consequence and to the Establishment of a vast unlawful and presumptuous Power in himself and his Successors Many of the which Canons by the practice of the said Arch-Bishop were surreptitiously passed in the last Convocation without due Consideration and Debate others by fear and 〈◊〉 were Subscribed to by the Prelates and Clerks there 〈◊〉 which had never been Voted and passed in the Convocation as they ought to have been And the said Arch-Bishop hath contrived and endeavoured to assure and confirm the Vnlawful and Exorbitant Power which he hath Vsurped and Exercised over his Majesty's Subjects by a Wicked and Vngodly Oath in one
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
for the Happiness of this Kingdom I would to God it were impossible But suppose the Word Peevish had been absolutely spoken by me is it Lawful upon Record to say the Parliament An. 42. Hen. 3. was Insanum Parliamentum a Mad Parliament and that in the 6. Hen. 4. Indoctum an Unlearned Parliament and that in the 4. Hen. 6. a Parliament of Clubbs And shall it be High Treason in me to say a Parliament in some one Particular was Peevish or but to suppose if it were Canany Man think that an Vnlearned or a Mad Parliament or one of Clubbs did not do something Peevishly Might my Precessor Tho. Arundel tell the Commons openly in Parliament that their Petitions were Sacrilegious And may not I so much as suppose some one Action of a Parliament to be Peevish but it shall be Treason May an ordinary Historian say of that Vnlearned Parliament that the Commons were fit to enter Common with their Cattle for any Vertue they had more than Brute-Beasts And may not I in my private Notes write the Word Peevish of them without Treason 3. Thirdly Whereas 't is said That the Voting at the Council-Table to assist the King in Extraordinary Ways if c. was by my Counsel There is no such thing in my Diary There is that I with others advised a Parliament But there is not one Word that the Voting mentioned at the Council-Table proceeded from any Advice of mine So there is no Proof from my Diary and other Proof beside that was not so much as urged which was not in Favour but because they had it not For had they had any other Proof I see already it should not have been lost for want of urging Where I desired their Lordships also to observe in what a difficulty I have lived with some Men who will needs make me a great Enemy to Parliaments and yet are angry with me that I was one with others who moved for that Parliament So it seems nothing that I do can content some Men For a Parliament or against it nothing must be well if the Counsel be mine 4. Fourthly For the Voting of Assistance in Extraordinary Ways I was included in the general Vote of the Table and therefore that cannot be called or accounted my Counsel 5. Fifthly It is expressed in my Diary whence all this Proof is taken that it was in and for the Scottish Business and so is within the Act of Oblivion And these Answers I gave to Mr. Brown when in the summing up of the Charge against me in the Honourable House of Commons he made this to be my Counsel to the King And he began with it in his Charging of the Points against Law The Second Particular this Day 〈◊〉 against me was That after the Ending of the late Parliament I did use these Words to the King That now he might use his own Power or Words to that Effect This was attested by Sir Henry Vane the Elder then a Counsellor and present 1. To this my Answer was That I spake not these Words either in Terms or in Sense to the uttermost of my Knowledge 2. Secondly If I had spoken these Words either they were ill advised Words but no Treason and then they come not home to the Charge Or they are Treasonable and then I ought by Law to have been tryed within Six Months Mr. Brown in his Reply to me in the House of Commons said That this Statute expired with the Queen because it concerned none but her and the Heirs of her Body I had here urged Sir Edward Coke as urging this Statute and commending the Moderation of it But I was therein mistaken for he speaks of 1. Eliz. c. 1. And that Statute is in force and is for Tryal within Six Months for such Crimes as are within that Statute So it comes all to one for my Cause so either of the Statutes be in force And to this Charge in general I gave the same Answers which are here 3. Thirdly Sir Henry Vane is in this a single Witness whereas by Lav he that is accused of Treason must be convicted by two Witnesses or his own Confession without Violence neither of which is in this Case And strange it is to me that at such a full Table no Person of Honour should remember such a Speech but Sir Henry Vane 4. Fourthly both this and the former Charge relate to the Scottish Business and so are within the Act of Oblivion which I have Pleaded Besides here is nothing expressed in the Words Charged which savours of Practice Conspiracy Combination or Force and cannot therefore possibly be adjudged Treason especially since there is no Expression made in the Words Witnessed what Power is meant For what should hinder the King to use his own Power But Legal still Since nothing is so properly a King 's own Power as that which is made or declared his own by Law As for the Inference That this was called his own in opposition to Law First Sir Henry Vane is a Witness to the Words only and not to any Inference So the Words have but one Witness and the Inference none And perhaps it were as well for themselves as for Persons questioned in great Courts if they who are imployed about the Evidence would be more sparing of their Inferences many Men laying hold of them without Reason or Proof Lastly For the Honour of Sir Henry Vane let me not forget this he is a Man of some Years and Memory is one of the first Powers of Man on which Age works and yet his Memory so good so fresh that he alone can remember Words spoken at a full Council-Table which no Person of Honour remembers but himself Had any Man else remembred such Words he could not have stood single in this Testimony But I would not have him brag of it For I have read in St Augustin That Quidam Pessimi some even the worst of Men have great Memories and are Tanto Pejores so much the worse for having them God Bless Sir Henry I have stayed the longer upon these Two because they were apprehended to be of more weight than most which follow The next was a Head containing my Illegal Pressures for Money under which the next Particular was That in the Case of Ship-Money I was very angry against one Samuel Sherman of Dedham in Essex That I should say Dedham was a Maritime Town And that when the Sum demanded of him was Named I should say a Proper Sum whereas the Distress came to eleven Subsidies To this I Answered First here was no Proof but Sherman and in his own Cause Secondly he himself says no more than that he believes I was the Instrument of his Oppression as he called it whereas his Censure was laid upon him by the Council-Table not by me Nor was I in any other Fault than that I was present and gave my Vote with the rest So here
in that Law But how sufficient soever that Cause may be in Parliament if I had been in a Premunire there-while and lost my Liberty and all that I had beside for disobeying the Royal Assent I believe I should have had but cold Comfort when the next Parliament had been Summoned no Exception against the Man being known to me either for Life or Learning but only this Censure Nor is there any Exception which the Arch-Bishop is by that Law allowed to make if my Book be truly Printed Then followed the Charge of Dr. Heylin's Book against Mr. Burton out of which it was urged That an unlimited Power was pressed very far and out of p. 40. That a way was found to make the Subject free and the King a Subject that this Man was preferred by me that Dr. Heylin confessed to a Committee that I commanded him to Answer Mr. Burton's Book and that my Chaplain Dr. Braye Licensed it I Answer'd as follows I did not prefer Dr. Heylin to the King's Service it was the Earl of Danby who had taken Honourable Care of him before in the University His Preferments I did not procure For it appears by what hath been urged against me that the Lord Viscount Dorchester procured him his Parsonage and Mr. Secretary Coke his Prebend in Westminster For his Answer to the Committee that I commanded him to Write against Burton It was an Ingenuous and a True Answer and became him and his Calling well for I did so And neither I in Commanding nor he in Obeying did other than what we had good Precedent for in the Primitive Church of Christ. For when some Monks had troubled the Church at Carthage but not with half that danger which Mr. Burton's Book threatned to this Aurelius then Bishop commanded St. Aug. to Write against it and he did so His Words are Aurelius Scribere Jussit feci But though I did as by my Place I might Command him to Write and Answer yet I did neither Command nor Advise him to insert any thing unsound or unfit If any such thing be found in it he must Answer for himself and the Licenser for himself For as for Licensing of Books I held the same course which all my Predecessors had done And when any Chaplain came new into my House I gave him a strict Charge in that Particular And in all my Predecessors Times the Chaplains suffer'd for faults committed and not their Lords though now all is heaped on me As for the particular Words urged out of Dr. Heylin's Book p. 40. there is neither Expression by them nor Intention in them against either the Law or any Lawful Proceedings but they are directed to Mr. Burton and his Doctrine only The words are You have found out a way not the Law but you Mr. Burton to make the Subject free and the King a Subject Whereas it would well have beseem'd Mr. Burton to have carried his Pen even at the least and left the King his Freedom as well as the Subject his From this they proceeded to another Charge which was That I preferred Chaplains to be about the King and the Prince which were disaffected to the Publick Welfare of the Kingdom The Instance was in Dr Dove And a Passage Read out of his Book against Mr Burton And it was added that the declaring of such disaffection was the best Inducement or Bribe to procure them Preferment To this I then said and 't is true I did never knowingly prefer any Chaplain to the King or Prince that was ill-affected to the Publick And for Dr. Dove if he utter'd by Tongue or by Pen any such wild Speech concerning any Members of the Honourable House of Commons as is urged thereby to shew his disaffection to the Publick he is Living and I humbly desire he may answer it But whereas it was said That this was the best Inducement or Bribe to get Preferment This might have been spared had it so pleased the Gentleman which spake it But I know my Condition and where I am and will not lose my Patience for Language And whereas 't is urged That after this he was Named by me to be a Chaplain to the Prince his Highness the Thing was thus His Majesty had suit made to him that the Prince might have Sermons in his own Chappel for his Family Hereupon his Majesty approving the Motion commanded me to think upon the Names of some fit Men for that Service I did so But before any thing was done I acquainted the Right Honourable the Lord Chamberlain that then was with it my Lord knew most of the Men and approved the Note and delivered it to his Secretary Mr Oldsworth to Swear them This was the Fact And at this time when I put Dr Dove's Name into the List I did not know of any such Passage in his Book nor indeed ever heard of it till now For I had not Read his Book but here and there by snatches I am now come and 't is time to the last Particular of this day And this Charge was The giving of Subsidies to the King in the Convocation without consent in Parliament That the Penalties for not paying were strict and without Appeal as appears in the Act where it is farther said that we do this according to the Duty which by Scripture we are bound unto which reflects upon the Liberties of Parliaments in that behalf But it was added they would not meddle now with the late Canons for any thing else till they came to their due place 1. My Answer to this was That this was not my single Act but the Act of the whole Convocation and could not be appliable to me only 2. That this Grant was no other nor in any other way Mutatis Mutandis than was granted to Queen Elizabeth in Arch-Bishop Whitgift's time This Grant was also put in Execution as appeared by the Originals which we followed These Originals among many other Records were commanded away by the Honourable House of Commons and where they now are I know not But for want of them my Defence cannot be so full 3. For the Circumstances as that the Penalties are without Appeal and the like 't is usual in all such Grants And that we did it according to our Duty and the Rules of Scripture we conceived was a fitting Expression for our selves and Men of our Calling without giving Law to others or any intention to violate the Law in the least For thus I humbly conceive lyes the mutual Relation between the King and his People by Rules of Conscience The Subjects are to supply a full and Honourable Maintenance to the King And the King when Necessities call upon him is to ask of his People in such a way as is per pacta by Law and Covenant agreed upon between them which in this Kingdom is by Parliament yet the Clergy ever granting their own at all times And that this was my Judgment long before this
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
a poor Evasion was this Were there no other Lawyers for him because Mr. Solicitor was for me The Truth is all that ever I did in this Business was not only with the Knowledge but by the Advice of my Councel which were Mr. Solicitor Littleton and Mr. Herbert At last this Gentleman submitted himself and the Cause and if as he says Dr. Eden perswaded him to it that 's nothing to me As for the Fine I referred the moderation of it wholly to my Councel They pitched upon Sixteen Hundred Pounds and gave such Days of Payment as that a good part is yet unpaid And this Summ was little above one Years Rent For the Parsonage is known to be well worth Thirteen Hundred Pound a Year if not more And after the Business was setled my Lord Wimbleton came to me and gave me great Thanks for preserving this Gentleman being as he said his Kinsman whom he confessed it was in my Power to ruin For the raising of the Rent Sixty Pounds it was to add Means to the several Curats to the Chappels of Ease And I had no Reason to suffer Sir Ralph Ashton to go away with so much Profit and leave the Curats both upon my Conscience and my Purse And for his Fine to St Pauls I gave him all the Ease I could But since his Son will force it from me he was accused of Adultery with divers Women and confessed all And whither that Fine went and by what Authority I have already shewed And thus much more my Lords at Mr. Bridgman's Intreaty I turned this Lease into Lives again without Fine But since I have this Reward for it I wish with all my Heart I had not done it For I am confident in such a Case of Right your Lordships would have left me to the Law and more I wou'd not have asked And I think this though intreated into it was my greatest Error in the Business 6. The last Instance was about the conversion of some Money to St. Pauls out of Administrations By Name Two Thousand Pounds taken out of Wimark's Estate and Five Hundred out of Mr. Gray's First whatsoever was done in this kind I have the Broad-Seal to Warrant it And for Mr. Wimark's Estate all was done according to Law and all care taken for his Kindred And if I had not stired in the Business Four Men all Strangers to his Kindred would have made themselves by a broken Will Executors and swept all away from the Kindred Secondly for Mr. Gray's Estate after as Odious an expression of it as could be made and as void of Truth as need to be the Proceedings were confessed to be Orderly and Legal and the Charge deserted Then there was a fling at Sir Charles Caesar's getting of the Mastership of the Rolls for Money and that I was his means for it And so it was thence inferred That I sold Places of Judicature or helped to sell them For this they produced a Paper under my Hand But when they had thrown all the Dirt they could upon me they say they did only shew what Probabilities they had for it and what Reason they had to lay it in the end of the Fourth Original Article and so deserted it And well they might For I never had more Hand in this Business than that when he came to me about it I told him plainly as things then stood that Place was not like to go without more Money than I thought any Wise Man would give for it Nor doth the Paper mentioned say any more but that I informed the Lord Treasurer what had passed between us CAP. XXVIII THis day ended I was Ordered to appear again April 4. 1644. And received a Note from the Committee under Serjeant Wild's Hand dated April 1. That they meant to proceed next upon the Fifth and Sixth Original Articles and upon the Ninth Additional which follow in haec verba The Fifth Original He hath Trayterously caused a Book of Canons to be Composed and Published and those Canons to be put in Execution without any lawful Warrant and Authority in that behalf in which pretended Canons many Matters are contained contrary to the King's Prerogative to the Fundamental Laws and Statutes of this Realm to the Right of Parliament to the Propriety and Liberty of the Subjects and Matters tending to Sedition and of dangerous Consequence and to the Establishment of a vast unlawful and presumptus Power in himself and his Successors Many of the which Canons by the practice of the said Arch-Bishop were surreptitiously passed in the late Convocation without due consideration and debate others by fear and compulsion were Subscribed unto by the Prelats and Clerks there assembled which had never been Voted and Passed in the Convocation as they ought to have been And the said Arch-Bishop hath contrived and endeavoured to assure and confirm the Vnlawful and Exorbitant Power which he hath Vsurped and Exercised over his Majesty's Subjects by a Wicked and Vngodly Oath in one of the said pretended Canons injoyned to be taken by all the Clergy and many of the Layety of this Kingdom The Sixth Original He hath Trayterously 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 in other places to the Disherison of the Crown Dishonour of his Majesty and Derogation of his Supream 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 The Ninth Additional Article That in or about the Month of May 1641. presently after the dissolution of the last Parliament the said Arch-Bishop for the ends and purposes aforesaid caused a Synod or Convocation of the Clergy to be held for the several Provinces of Canterbury and York wherein were made and established by his Means and procurement divers Canons and Constitutions Ecclesiastical contrary to the Laws of this Realm the Rights and Priviledges of Parliament and Liberty and Property of the Subject tending also to Sedition and of dangerous Consequence And amongst other things the said Arch-Bishop caused a most Dangerous and Illegal Oath to be therein made and contrived the Tenor whereof followeth in these words That I A. B. do Swear that I do approve the Doctrine and Discipline or Government Established in the Church of England as containing all things necessary to Salvation And that I will not endeavour by my self or any other directly or indirectly to bring in any Popish Doctrine contrary to that which is so Established Nor will I ever give my consent to alter the Government of this Church by Arch-Bishops Bishops Deans and Arch-Deacons c. as it
making of that which was done so long before is the Task lying now upon me to answer which with your Lordships honourable Favour I shall in all Humbleness Address my self unto Before these Words were well out of my Mouth Mr. Nicolas with much earnestness interposed That he hoped their Lordships would not indure that the Solemn Votes of both Houses should be called into Question by any Delinquent and was sure the House of Commons would not endure it Upon this the Lords presently gave their Resolution that I might not speak to any thing that was declared by Votes but was to answer only to the Fact whether I made the Canons or no. To this with leave humbly asked I replyed That if I might not answer to the Votes I must yield the Evidence which I could not do And that if I might answer I must dispute the Votes which their Lordships resolved I should not do That then I was in a Perplexity and must necessarily offend either way And therefore humbly besought them to consider not my Case only but their own too For I did conceive it would concern them in Honour as much as me in Safety That no Charge might be brought against me in that great Court to which I should not be suffered to make answer Or else that they in Honour would not judge me for that to which my Answer is not suffer'd to be given With this that all these Canons were made in open and full Convocation and are Acts of that Body and cannot be ascribed to me though President of that Synod but are the Joynt Acts of the whole Body So by me they were not made which is my Answer And according to this I framed my Answer to Mr. Brown's Summary of my Charge both hinting the Canons in general and concerning the Instance before given about the Bishop of Gloucester But though I was not allowed there to make any farther Answer in defence of these Canons Nor can hold it fit to insert here so long an Answer as these Votes require I humbly desire the Courteous Reader if he please to look upon the Answer which I have made to a Speech of Mr. Nathaniel Fynes in the House of Commons against these Canons In which Answer I humbly conceive I have satisfied whatsoever these Votes contain against them Howsoever I cannot but observe this in present The Words in the Sixth Original Article are as they are above Cited That the late Canons contain Matters contrary to the King's Prerogative the Laws c. But in the Ninth Additional all the rest of the Exceptions are in against them but these Words about the King's Prerogative are quite left out I would fain know if I could what is the Reason of this Omission in these added Articles Is it for Shame because there was a purpose to Charge me as Serjeant Wild did in his Speech the first Day that I laboured to advance the King's Prerogative above the Law To advance it and yet made contrary Canons against it which is the way to destroy it What pretty Nonsense is this Or is it because the framers of these Additionals whom I conceive were some Committee with the help of Mr. Pryn thought the time was come or coming in which the King should have no more Prerogative Or if there be a third Reason let them give it themselves This was all concerning the Canons Then followed the sixth Original Article about my assuming of Papal Power where Mr. Brown in Summing up of his Charge was pleased to say that no Pope claimed so much as I had done But he was herein much mistaken For never any Pope claimed so little For he that claimed least claimed it in his own right which was none whereas I claimed nothing but in the King 's right and by vertue of his Concession Between which there is a vast Latitude The first Proof upon this Article was read out of certain Letters sent unto me by the Vniversity of Oxford I being then their Chancellor Which great Titles were urged to prove my assuming of Papal Power because I did not check them in my Answers to those Letters 1 The first Title was Sanctitas tua which Mr. Nicolas said was the Pope's own Title But he is deceived For the Title was commonly given to other Bishops also clean through the Primitive Church both Greek and Latin He replied in great heat as his manner it seems is that 't is Blasphemy to give that Title Sanctitas in the Abstract to any but God And though by the Course of the Court I might not answer then to the Reply yet now I may And must tell Mr. Nicolas that 't is a great Presumption for him a Lawyer and no Studied Divine to Charge Blasphemy upon all the Fathers of the Primitive Church 'T is given to St. Augustine by Hilarius and Euodius and in the Abstract And which is the Charge laid to me St. Augustine never checks at or finds fault with the Title nor with them for writing it And St. Augustine himself gives that Title to Euodius answering his Letters which I was not to do to theirs And after that to Quintianus Neither is any thing more common than this Stile among the Fathers as all Learned Men know And 't is commonly given by St. Gregory the Great to divers Bishops Who being Pope himself would not certainly have given away his own Title had it been peculiar to him to any other Bishop Nor would any of the Fathers have given this Epithete to their Brethren had any savour of Blasphemy been about it But there is a two-fold Holiness the one Original Absolute and Essential and that is in God only and incommunicable to any Creature The other Derivative and Relative and that is found in the Creatures both Things and Persons Or else God should have no Saints no Holy Ones For no Man can be said to be Sanctus Holy but he who in some degree hath Sanctitatem Holiness residing in him And this I answered at the present But according to Mr. Nicolas his Divinity we shall learn in time to deny the Immortality of the Soul For Immortality in the Abstract is applied to God only 1 Tim. 6. Who only hath Immortality Therefore if it may not in an under and a qualified Sense by Participation be applied to the Creature the Soul of Man cannot be Immortal 2 The Second Title is Spiritu Sancto effusissimè plenus My Lords I had sent them many Hundred Manuscripts and in many Languages upon this in Allusion to the gift of Tongues and it was about Pentecost too that I sent them the Luxuriant Pen of the University Orator ran upon these Phrases which I could neither fore-see before they were written nor remedy after And finding fault could not remedy that which was past Besides all these Letters were in Answer to mine I was to answer none of theirs That might have made me work enough had I
wanted any 3 The Third Stile is Summus Pontifex But this was in my Lord of London's Letters and he must answer if any thing be amiss But Pontifex and Summus too is no unusual Stile to and of the Chief Prelate in any Nation 4 The Fourth Stile is Archangelus ne quid nimis Yes sure the meanest of these Titles is Multum nimis far too much applied to my Person and unworthiness Yet a great sign it is that I deserved very well of that University in the place I then bare or else they would never have bestowed such Titles upon me And if they did offend in giving such an unworthy Man such high Language why are not they called in Question for their own Fault 5 The last which I remember is Quo rectior non stat Regula c. And this is no more than an absolute Hyperbole A high one I confess yet as high are found in all Rhetorical Authors And what should make that Blasphemy in an Vniversity Orator which is every where common and not only allowed but commendable I know not Especially since the Rule of the Interpretation of them is as well known as the Figure Where the Words are not to be understood in their Proper and Literal Sense but as St. Augustine speaks when that which is spoken Longè est amplius is far larger than that which is signified by it And if I had assumed any of these Titles to my self which I am and ever was far from doing yet 't is one thing to assume Papal Title and another to assume Papal Power which is the thing Charged though I thank God I did neither If I have here omitted any Title it is meer forgetfulness for one part or other of the Answers given will reach it what-e're it be And as I told Mr. Browne when he Charged this on me Dr. Strowd the University Orator who writ those Letters and gave those Titles was called up before a Committee of this Parliament examined about them Acquitted and Dismissed 6 These Titles from the Letters being past He quoted another which he called a Blasphemous Speech too out of my Book against Fisher where he said I approved of Anselme an Enemy to the Crown and took on me to be Patriarch of this other World Let any Man look into that place of my Book and he shall find that I make use of that Passage only to prove that the Pope could not be Appealed unto out of England according to their own Doctrine Which I hope is no Blasphemy And for St. Anselme howsoever he was swayed with the Corruptions of his time yet was he in other things worthy the Testimony which the Authors by me Cited give him And if any Man be angry that the Arch-Bishop of Canterbury is called the Patriarch of this other World he may be pleased to remember that St. Jerom gives St. Augustine who was Bishop of Hippo and no Arch-Bishop a greater Title than that For he writes Beatissimo Papae Augustino more than once and again as appears in his Epistles to St. Augustine 7 To these Sir Nathaniel Brent's Testimony is produced Who says that he over-heard me say to another that I would not so easily quit the Plenitude of my Power or to that Effect He confesses he was coming in and finding me speaking with another made stay and stood a-far off and knows not of what I spake for so he said but over-heard the Words I beseech your Lordships observe this Witness He confesses he knows not of what I spake and yet comes here upon his Oath to testifie of Plenitude of Power in Relation to my assuming Papal Power If he meant not this his Testimony is nothing for Plenitude of Power may Extend to many other things and I might justly say if I said it that I would not easily part with the Plenitude of my Power in Relation to other Bishops of my Province who by Law have not so full Power as I have But if he did mean this then his Testimony is worse than nothing Nothing in regard he confesses he knows not of what I was speaking And worse than nothing That not knowing he would give such a Testimony upon Oath As for the Statutes themselves there was scarce one urged against me but it was either a Statute or a Prescription of that University long before I was born into the World and could not therefore be of my new-making And this was my Answer to Mr. Browne in the House of Commons And such Bannition 〈◊〉 and the like are well known to be The next Charge of this Day was that I went about to Exempt the Clergy from the Civil Magistrate 1. The first Witness is Mr. Pincen He says he heard me say at the High-Commission That the Clergy were now debased that heretofore it was otherwise and I hope to see it so again Truly my Lords if I did say thus which is more than I can call to Memory I spake truth they were debased and I did hope to see it otherwise For the debasing of the Clergy will make their Office and their Doctrine base as well as their Persons But here is not a word of freeing them from Laws or the Temporal Magistrate It was replyed he did mention the Civil Magistrate If he did he mentions no time by which I might be inabled to make Counterproof He is single They are words and if within the Statute then triable by it within six Months And I desire this grave Gentleman to consider his Oath For if I spake of any such Exemption I must speak against my Conscience and Judgment which I humbly thank God I use not to do Nor is it altogether impossible for the Civil Magistrate sometimes to oppress poor Clergy-Men But a little will be thought too much of this And therefore to Mr. Browne's Summary Charge I gave the former Answer that I spake of Exemption from Oppression not from Law 2. The Second Witness was Alderman Railton about the carrying up of the Sword in the Church when he was Lord Mayor He says I once sent him word about it but knows not by whom and after heard no more of it but refers himself to Mr. Marsh. He says there was an Order of the Council-Table May 3. 1633. concerning the submitting of the Sword in time and place of Divine Service If an Order of Council then was it no Act of mine as I have often Pleaded and must as often as it comes He says farther that I spake these Words or to this Effect That the Church had been low for these Hundred Years but I hoped it would Flourish again in another Hundred But here 's no one word of Exemption from Civil Magistracy And I hope your Lordships will take Witnesses as they speak not as Men shall infer and descant upon them And then my Lords under Favour I see no harm in the Words Only I shall recall my hope For if I had then any hope to
Law But what is the Heart of this Charge It is say they That I Commanded Dr. Duck to prosecute them And what fault was in this For if it were Just why should not Dr. Duck go on with his Prosecution If Dr. Duck and I were both mistaken in the Particular 't was easy getting a Prohibition Yea but they say I said If this must be so Sir Thomas Dacres shall be Bishop of London and I 'll be Sir Tho. Dacres For ought I see in the Weight of it this whole Charge was but to bring in this Speech And truly my Lords my old decayed Memory is not such as that I can recall a Speech Thirteen or Fourteen Years since But if I did say it I presume 't is not High Treason for a Bishop of London to say so much of Sir Tho. Dacres Mr. Browne in the summing up the Charge against me laid the weight of the Charge in this That these Church-Wardens were Prosecuted for Executing the Warrant of a Justice of Peace upon an Ale-House-Keeper for Tipling on the Sabbath-Day contrary to the Statutes Jacobi 7. Caro. 3. To which I Answer'd That those Statutes did concern the Ale-House-Keepers only nor were the Church-Wardens called in question for that but because being Church Officers and a Church-Man Tipling there they did not complain of that to the Chancellor of the Diocess Mr. Browne replied there was no Clergy-Man there I am glad I was so mistaken But that excuseth not the Church-Wardens who being Church Officers should have been as ready to inform the Bishop as to obey the Justice of Peace The Fourth Instance was about Marriages in the Tower which I opposed against Law The Witness Sir William Balfore then Lieutenant of the Tower He says that I did oppose those Marriages And so say I. But I did it for the Subject of England's sake For many of their Sons and Daughters were there undone Nor Banes nor Licence nor any means of fore-knowledge to prevent it Was this ill He says that when he spake with me about it I desired him to speak with his Majesty about it because it was the King's House What could I do with more moderation He confesses he did so and that he moved the King that the Cause might be heard at the Council-Table not at the High-Commission To this his Majesty inclined and I opposed nothing so the general Abuse might be rectified Then he says Mr. Attorney Noye said at the Council-Table it was the King's Free-Chappel and that no Pope in those times offer'd to inhibit there First if Mr. Attorney did so say he must have leave to speak freely in the King's Cause Secondly as I humbly conceive the Chappel for ordinary use of Prisoners and Inhabitants of the Tower where these disorderly Marriages are made is not that which is called the King's Free-Chappel But another in the side of the white Tower by the King's Lodgings Thirdly if it be yet I have herein not offended for I did all that was done by the King's leave not by any assumption of Papal Power Then he tells the Lords that in a Discourse of mine with him at Greenwich about this business I let fall an Oath I am sorry for it if I did But that 's no Treason And I know whom the Deponent thinks to please by this Interposition For to the matter it belongs not In conclusion he says truly that the King committed the business to some Lords and Judges that so an end might be put to it And in the mean time Ordered that till it were ended there should be no more Marriages in the Tower How this business ended I know not It began I am sure by Authority of his Majesty's Grant of the High Commission to question and punish all such Abuses Tam in loois Exemptis quam non Exemptis And his Majesty having Graciously taken this Care for the Indempnity of the Subject I troubled my self no more with it My aim being not to cut off any Priviledges of that Place but only to prevent the Abuses of that Lawless Custom And if cui bono be a considerable Circumstance as it uses to be in all such Businesses then it may be thought on too that this Gentleman the Lieutenant had a considerable share for his part out of the Fee for every Marriage Which I believe was as dear to him as the Priviledge The next Instance is broke out of the Tower and got as far as Oxford The Witness Alderman Nixon He says the Mayor and the Watch set by him were disturbed by the Proctors of the Vniversity and a Constable Imprisoned The Night-Walk and the keeping of the Watch is the ancient known and constant Priviledge of the University for some Hundred of Years and so the Watch set by the Town purposely to pick a quarrel was not according to Law He adds That when the Right Honourable the Earl of Barkshire would have referred the business to the King's Councel Learned I refused and said I would maintain it by my own Power as Chancellor If I did say this which I neither remember nor believe I might better refuse Lawyers not the Law but Lawyers than they a Sworn Judge of their own Nomination which they did The Case was briefly this There were some five or six Particulars which had for divers Years bred much trouble and disagreement between the Vniversity and the City of which to my best remembrance this about the Night-Watch and another about Felons Goods were two of the chief The Vniversity complained to me I was so far from going any by-way that I was resolved upon a Tryal at Westminster-Hall thinking as I after found that nothing but a Legal Tryal would set those two Bodies at quiet The Towns-Men liked not this Came some of the Chief of them to London Prevailed with their Honourable Steward my Lord the Earl of Barkshire to come to me to Lambeth and by his Lordship offer'd to have all ended without so great Charge at Law by Reference to any of the Judges I said I had no mind to wrong the Town or put them to Charge but thought they would fly off from all Awards and therefore stuck to have a Legal Tryal After this some of the chief Aldermen came to me with my Lord and offer'd me that if the Vniversity would do the like they would go down and bring it up under the Mayor and Aldermens Hands that they would stand to such end as Judge Jones who rode that Circuit should upon Hearing make They did so And brought the Paper so Subscribed and therefore I think Alderman Nixon's Hand is to it as well as the rest upon this I gave way the Vniversity accepted the Judge heard and setled And now when they saw my Troubles threatning me they brake all whistled up their Recorder to come and complain at the Council-Table his Majesty present And I remember well I told his Lordship then making the aforesaid Motion to refer to the
considerable also that as the state of the Church yet stands the Laity have the benefit by the Leases which they hold of more than five parts of all the Bishops Deans and Chapters and College Revenues in England And shall it be yet an Eye-sore to serve themselves with the rest of their own This Evidence Mr. Browne whose part it was to summ up the Evidence against me at the end of the Charge wholly omitted For what Cause he best knows The next Charge was about my Injunctions in my Visitation of Winton and Sarum for the taking down of some Houses But they were such as were upon Consecrated Ground and ought not to have been built there and yet with caution sufficient to preserve the Lessees from over-much dammage For it appears apud Acta that they were not to be pulled down till their several Leases were expired And that they were Houses not built long since but by them and that all this was to be done to the end that the Church might suffer no dammage by them And that this demolition was to be made Juxta Decreta Regni according to the Statutes of the Kingdom Therefore nothing injoyned contrary to Law Or if any thing were the Injunction took not place by the very Tenor of that which was charged Mr. Browne omitted this Charge also though he hung heavily upon the like at St. Pauls though there was satisfaction given and not here The Ninth Charge was my intended Visitation of both the Vniversities Oxford and Cambridge For my Troubles began then to be foreseen by me and I Visited them not This was urged as a thing directly against Law But this I conceive cannot be so long as it was with the King's Knowledge and by his Warrant Secondly because all Power of the King's Visitations was saved in the Warrant and that with consent of all parts Thirdly because nothing in this was surreptitiously gotten from the King all being done at a most full Council-Table and great Councel at Law heard on both sides Fourthly because it did there appear that three of my Predecessors did actually Visit the Vniversities and that Jure Ecclesiae suae Metropoliticae Fifthly no Immunity pleaded why the Arch-Bishop should not Visit for the instance against Cardinal Poole is nothing For he attempted to Visit not only by the Right of his See but by his power Legatin from the Pope whereas the University Charters are Express that such power of Visitation cannot be granted per Bullas Papales And yet now 't is charged against me that I challenged this by Papal Power Mr. Browne wholly neglected this Charge also which making such a shew I think he would not have done had he found it well grounded The Tenth Charge was my Visitation of Merton College in Oxford The Witness Sir Nathaniel Brent the Warden of the College and principally concerned in that business He said First that no Visitation held so long But if he consult his own Office he may find one much longer held and continued at All-Souls College by my worthy Predecessor Arch-Bishop Whitgift Secondly he urged that I should say I would be Warden for Seven Years If I did so say there was much need I should make it good Thirdly That one Mr. Rich. Nevil Fellow of that College lay abroad in an Ale-House that a Wench was got with Child in that House and he accused of it and that this was complained of to me and Sir Nath. Brent accused for Conspiring with the Ale-Wife against Nevil I am not here to accuse the one or defend the other But the Case is this This Cause between them was publick and came to Hearing in the Vice-Chancellor's Court Witnesses Examined Mr. Nevil acquitted and the Ale-Wife punished In all this I had no Hand Then in my Visitation it was again complained of to me I liked not the business but forbare to do any thing in it because it had been Legally Censured upon the place This part of the Charge Mr. Browne urged against me in the House of Commons and I gave it the same Answer Lastly when I sate to hear the main Business of that College Sir Nathaniel Brent was beholding to me that he continued Warden For in Arch-Bishop Warham's time a Predecessor of his was expelled for less than was proved against him And I found that true which one of my Visitors had formerly told me namely That Sir Nathaniel Brent had so carried himself in that College as that if he were guilty of the like he would lay his Key under the Door and be gone rather than come to Answer it Yet I did not think it fit to proceed so rigidly But while I was going to open some of the Particulars against him Mr. Nicolas cut me off and told the Lords this was to scandalize their Witnesses So I forbare Then followed the last Charge of this day concerning a Book of Dr Bastwick's for which he was Censured in the High-Commission The Witnesses in this Charge were three Mr. Burton a Mortal Enemy of mine and so he hath shewed himself Mrs. Bastwick a Woman and a Wife and well Tutoured For she had a Paper and all written which she had to say though I saw it not till 't was too late And Mr. Hunscot a Man that comes in to serve all turns against me since the Sentence passed against the Printers for Thou shalt commit Adultery In the Particulars of this Charge 't is first said That this Book was written Contra Episcopos Latiales But how cunningly so-ever this was pretended 't is more than manifest it was purposely written and divulged against the Bishops and Church of England Secondly that I said that Christian Bishops were before Christian Kings So Burton and Mrs. Bastwick And with due Reverence to all Kingly Authority be it spoken who can doubt but that there were many Christian Bishops before any King was Christian Thirdly Mr. Burton says that I applied those words in the Psalm whom thou may'st make Princes in all Lands to the Bishops For this if I did err in it many of the Fathers of the Church mis-led me who Interpret that place so And if I be mistaken 't is no Treason But I shall ever follow their Comments before Mr. Burton's Fourthly Mrs. Bastwick says that I then said no Bishop and no King If I did say so I Learned it of a Wise and Experienced Author King James who spake it out and plainly in the Conference at Hampton-Court And I hope it cannot be Treason in me to repeat it Fifthly Mrs. Bastwick complained that I committed her Husband close Prisoner Not I but the High-Commission not close Prisoner to his Chamber but to the Prison not to go abroad with his Keeper Which is all the close Imprisonment which I ever knew that Court use Lastly the pinch of this Charge is that I said I received my Jurisdiction
was nothing done against Law any Friend may privately assist another in his Difficulties And I am perswaded many Friends in either House do what they justly may when such sad Occasions happen And this Answer I gave to Mr. Brown when he Summed up my Charge in the House of Commons But Mr. Brown did not begin with this but with another here omitted by Mr. Nicolas though he had pressed it before in the Fifteenth day of my Hearing Dr. Potter writ unto me for my advice in some Passages of a Book writ by him as I remember against a Book Intituled Charity mistaken I did not think it fit to amend any thing with my own Pen but put some few things back to his Second Thoughts of which this was one That if he express himself so he will give as much Power to the Parliament in Matters of Doctrine as to the Church This Mr. Brown said took away all Authority from Parliaments in that kind But under Favour this takes away nor all nor any that is due unto them Not all for my Words are about giving so much Power Now he that would not have so much given to the one as the other doth not take away all from either Not any that is due to them For my Words not medling simply with Parliamentary Power as appears by the Comparative Words so much my Intention must needs be to have Dr. Potter so to consider of his Words as that that which is proper to the Church might not be ascribed to Parliaments And this I conceive is plain in the very Letter of the Law The Words of the Statute are Or such as shall hereafter be Ordered Judged or determined to be Heresy by the High Court of Parliament in this Realm with the Assent of the Clergy in their Convocation Where 't is manifest that the Judging and Determining Part for the Truth or Falshood of the Doctrin is in the Church For the Assent of the Church or Clergy cannot be given but in Convocation and so the Law requires it Now Assent in Convocation cannot be given but there must preceed a Debate a Judging a Voting and a Determining Therefore the Determining Power for the Truth or Falshood of the Doctrine Heresie or no Heresie is in the Church But the Judging and determining Power for binding to Obedience and for Punishment is in the Parliament with this Assent of the Clergy Therefore I humbly conceive the Parliament cannot by Law that is till this Law be first altered Determine the Truth of Doctrine without this Assent of the Church in Convocation And that such a Synod and Convocation as is Chosen and Assembled as the Laws and Customs of this Realm require To this Mr. Brown in his Reply upon me in the House of Commons said Two Things The one that this Branch of the Statute of one Eliz. was for Heresie only and the Adjudging of that but medled not with the Parliaments Power in other matters of Religion If it be for Heresie only that the Church alone shall not so Determine Heresie as to bring those grievous Punishments which the Law lays upon it upon the Neck of any Subject without Determination in Parliament then is the Church in Convocation left free also in other matters of Religion according to the First Clause in Magna Charta which establishes the Church in all her Rights And her main and constant Right when that Charter was made and confirmed was Power of Determining in matters of Doctrine and Discipline of the Church And this Right of the Clergy is not bounded or limited by any Law but this Clause of 1. Eliz. that ever I heard of The other was that if this were so that the Parliament might not meddle with Religion but with the Assent of the Clergy in Convocation we should have had no Reformation For the Bishops and the Clergy dissented First it is not as I conceive to be denyed that the King and his High Court of Parliament may make any Law what they please and by their Absolute Power may change Religion Christianity into Turcism if they please which God forbid And the Subjects whose Consciences cannot obey must flye or indure the Penalty of the Law But both King and Parliament are sub graviori Regno and must Answer God for all such abuse of Power But beside this Absolute there is a Limited Power Limited I say by Natural Justice and Equity by which no Man no Court can do more than what he can by Right And according to this Power the Church's Interest must be considered and that indifferently as well as the Parliaments To apply this to the Particular of the Reformation The Parliament in the beginning of Queen Elizabeth would not indure Popish Superstition and by Absolute Power Abolished it without any Assent of the Clergy in Convocation And then in her first Year An. 1559. She had a Visitation and set out her Injunctions to direct and order such of the Clergy as could conform their Judgments to the Reformation But then so soon as the Clergy was settled and that a Form of Doctrine was to be agreed upon to shew the difference from the Roman Superstition a Synod was called and in the Year 1562. the Articles of Religion were agreed upon and they were determined and confirmed by Parliament with the Assent of the Clergy in Convocation and that by a just and orderly Power Nor is the Absolute Power of King and Parliament any way unjust in it self but may many ways be made such by Misinformation or otherwise And this gives the King and the Parliament their full Power and yet preserves this Church in her just Right Just and acknowledged by some that loved her not over well For the Lord Brook tells us That what a Church will take for true Doctrine lies only in that Church Nay the very Heathen saw clearly the Justice of this For M. Lucullus was able to say in Tully That the Priests were Judges of Religion and the Senate of Law The Second Proof is That I made two Speeches for the King to be spoken or sent to the Parliament that then was and that they had some sour and ill Passages in them These Speeches were read to the Lords and had I now the Copies I would insert them here and make the World Judge of them First I might shuffle here and deny the making of them For no Proof is offer'd but that they are in my Hand and that is no necessary Proof For I had then many Papers by me written in my own Hand which were not my making though I transcribed them as not thinking it fit to trust them in other Hands But Secondly I did make them and I followed the Instructions which were given me as close as I could to the very Phrases and being commanded to the Service I hope it shall not now be made my Crime that I was trusted by my Soveraign Thirdly As I did never
with that which they most feared And I pray God this Clamour of venient Romani of which I have given no cause help not to bring them in For the Pope never had such an Harvest in England since the Reformation as he hath now upon the Sects and Divisions that are amongst us In the mean time by Honour and Dishonour by good Report and evil Report as Deceivers and yet true am I passing through this World 2 Cor. 6. 8. Some Particulars also I think it not amiss to speak of And First this I shall be bold to speak of the King our Gracious Soveraign He hath been much traduced also for bringing in of Popery but in my Conscience of which I shall give God a very present Account I know him to be as free from this Charge as any Man living and I hold him to be as sound a Protestant according to the Religion by Law Established as any Man in this Kingdom and that he will venture his Life as far and as freely for it And I think I do or should know both his Affection to Religion and his Grounds for it as fully as any Man in England The Second Particular is concerning this great and Populous City which God bless Here hath been of late a Fashion taken up to gather Hands and then go to the great Court of this Kingdom the Parliament and Clamour for Justice as if that Great and Wise Court before whom the Causes come which are unknown to many could not or would not do Justice but at their appointment A way which may endanger many an Innocent Man and pluck his Blood upon their own Heads and perhaps upon the City 's also and this hath been lately practised against my self the Magistrates standing still and suffering them openly to proceed from Parish to Parish without any Check God forgive the Setters of this with all my Heart I beg it but many well-meaning People are caught by it In St. Stephen's Case when nothing else would serve they stirred up the People against him And Herod went the same way when he had killed St. James Yet he would not venture on St. Peter till he found how the other Pleased the People But take heed of having your Hands full of Blood for there is a time best known to himself when God above other Sins makes Inquisition for Blood and when that Inquisition is on foot the Psalmist tells us that God remembers that 's not all he remembers and forgets not the Complaint of the Poor That is whose Blood is shed by Oppression ver 9. Take heed of this It is a fearful thing to fall into the Hands of the Living God but then especially when he is making Inquisition for Blood And with my Prayers to avert it I do heartily desire this City to remember the Prophesie that is expressed Jer. 26. 15. The Third Particular is the Poor Church of England It hath Flourished and been a shelter to other Neighbouring Churches when Storms have Driven upon them But alas now it is in a Storm it self and God only knows whether or how it shall get out And which is worse than the Storm from without it is become like an Oak cleft to Shivers with Wedges made out of it 's own Body and at every Cleft Profaneness and Irreligion is entring in while as Prosper speaks in his Second Book de Contemptu Vitae cap. 4. Men that introduce Profaneness are Cloaked over with the Name Religionis imaginariae of Imaginary Religion For we have lost the Substance and dwell too much in Opinion And that Church which all the Jesuites Machinations could not Ruine is fallen into Danger by her own The last Particular for I am not willing to be too long is my self I was Born and Baptized in the Bosom of the Church of England Established by Law in that profession I have ever since lived and in that I come now to Die This is no time to dissemble with God least of all in matters of Religion And therefore I desire it may be remembred I have always lived in the Protestant Religion established in England and in that I come now to Die What Clamours and Slanders I have endured for labouring to keep an Uniformity in the external Service of God according to the Doctrine and Discipline of the Church all Men know and I have abundantly felt Now at last I am Accused of High-Treason in Parliament a Crime which my Soul ever abhorred This Treason was Charged to consist of two Parts An Endeavour to subvert the Laws of the Land and a like Endeavour to overthrow the true Protestant Religion Established by Law Besides my Answers to the several Charges I protested my Innocency in both Houses It was said Prisoners Protestations at the Bar must not be taken I can bring no Witness of my Heart and the Intentions thereof therefore I must come to my Protestation not at the Bar but my Protestation at this Hour and Instant of my Death in which I hope all Men will be such Charitable Christians as not to think I would Die and Dissemble being Instantly to give God an Account for the Truth of it I do therefore here in the Presence of God and his Holy Angels take it upon my Death that I never Endeavoured the subversion of Law or Religion And I desire you all to remember this Protest of mine for my Innocency in this and from all Treasons whatsoever I have been Accused likewise as an Enemy to Parliaments No I understand them and the Benefit that comes by them too well to be so But I did mislike the Misgovernments of some Parliaments many ways and I had good Reason for it For Corruptio Optimi est Pessima there is no Corruption in the World so bad as that which is of the Best Thing within it self for the better the thing is in Nature the worse it is Corrupted And that being the Highest Court over which no other hath Jurisdiction when it is misinformed or misgoverned the Subject is left without all Remedy But I have done I forgive all the World all and every of those Bitter Enemies which have persecuted me and humbly desire to be forgiven of God First and then of every Man whether I have offended him or not if he do but conceive that I have Lord do thou forgive me and I beg forgiveness of him And so I heartily desire you to joyn in Prayer with me Which said with a distinct and audible Voice he Prayed as followeth O Eternal God and Merciful Father look down upon me in Mercy in the Riches and fulness of all thy Mercies look down upon me But not till thou hast nailed my Sins to the Cross of Christ not till thou hast bathed me in the Blood of Christ not till I have hid my self in the Wounds of Christ that so the Punishment due unto my Sins may pass over me And since thou art pleased to try me to the utmost
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
He who sails in the midst of dangerous Rocks may justly fear and expect a Wrack Eighthly That the late Scottish Trouble and Wars were both plotted and raised by these Jesuitical Conspirators of purpose to force the King to resort to them and their Popish Party for Aid of Men and Money against the Scots and by Colour thereof to raise an Army of their own to gain the King into their Power and then to win or force him to what Conditions they pleased who must at least-wise promise them an universal Toleration of their Religion throughout his Dominions e're they will yield to assist him And in case they conquer or prevail he must then come fully over to their Party or else be sent packing by them with a poysoned Fig to another World as his Father they say was it 's likely by their Instruments or Procurement they are so conusant of it and then the Prince yet young and well enclined to them already by his Education being got into their Hands by this wicked Policy shall soon be made an Obedient Son of the Church of Rome Thus the Relator a chief Actor in this pre-plotted Treason discovers And if his single Testimony though out of a wounded Conscience will not be believed alone the ensuing Circumstances will abundantly manifest the Scottish Wars to be plotted and directed by them For Con the Pope's Legat Hamilton the Queen's Agent most of the Jesuits then about London Captain Read their Host the Lord Sterling with other chief Actors in the Plot being all Scots and employing Maxfield and he two other Popish Scots in raising these Tumults the Earl of Arundel another principal Member of this Conspiracy being by their procurement made General of the first Army against the Scots and most of his Commanders Papists the Papists in all Counties of England upon the Queen's Letters directed to them contributing large Sums of Money besides Men Arms and Horses to maintain this War Sir Toby Matthew the most Industrious Conspirator in the Pack making a Voyage with the Lord Deputy into Ireland to stir up the Papists there to contribute Men Arms Moneys to subdue the Scottish Covenanters yea Marquess Hamilton's own Chaplain employed as the King's Commissioner to appease these Scots holding Correspondency with Con and resorting to him in private to impart the Secrets of that business to him the general Discontent of the Papists and Conspirators upon the first Pacification of those Troubles which they soon after infringed and by new Contributions raised a second Army against the Scots when the English Parliament refused to grant Subsidies to maintain the War All these concurring Circumstances compared with the Relation will ratifie it past Dispute that this War first sprung from these Conspirators Ninthly That the subsequent present Rebellion in Ireland and Wars in England originally issued from and were plotted by the same Conspirators For the Scottish War producing this setled Parliament beyond their expectation which they foresaw would prove fatal to this their long-agitated Conspiracy if it continued undissolved thereupon some Popish Irish Commissioners coming over into England and confederating with the Dutchess of Buckingham Captain Read and other of these Conspirators who afterwards departed secretly into Ireland they plotted an universal Rebellion Surprisal and Massacre of all the Protestants in that Kingdom which though in part prevented by a timely discovery securing Dublin and some few Places else yet it took general Effect in all other Parts to the loss of about an Hundred and Forty Thousand Protestants Lives there massacred by them And finding themselves likely to be overcome there by the Parliament's Forces sent hence and from Scotland to relieve the Protestant Party thereupon to work a Diversion they raised a Civil Bloody War against the Parliament here in England procuring the King after Endymion Porter a principal Conspirator in the Plot had gained the Custody of the Great Seal of England to issue out divers Proclamations under the great Seal proclaiming the Parliament themselves Traytors and Rebels to grant Commissions to Irish and English Papists contrary to his former Proclamations to raise Popish Forces both at Home and in Foreign parts for his Defence as his trustiest and most loyal Subjects to send Letters and Commissions of Favour to the Irish Rebels and hinder all Supplies from hence to the Protestant Party And withal they procured the Queen by the Earl of Antrim and Dutchess of Buckingham's Mediation to send Ammunition to the Irish Rebels and to attempt to raise an Insurrection in Scotland too as the Declaration of the Rise and Progress of the Rebellion in Ireland more largely discovers Seeing then all may clearly discern the exact Prosecution of this Plot carried on in all these Wars by the Conspirators therein particularly nominated by the Queen and Popish Party in all Three Kingdoms and in Foreign Parts too who have largely contributed Men Money Arms Ammunition to accomplish this Grand Design through the Instigation of those Conspirators in this Plot who are gone beyond the Seas and have lately caused publick Proclamations to be made in Bruges and other parts of Flanders in July last as appears by the Examination of Henry Mayo since seconded by others That all People who will now give ANY MONEY TO MAINTAIN THE RO-MAN CATHOLICKS IN ENGLAND should have it repaid them again in a Years time with many Thanks the whole World must now of Necessity both see and acknowledge unless they will renounce their own Eyes and Reason that this Conspiracy and Plot is no feigned Imposture but a most real perspicuous agitated Treachery now driven on almost to its Perfection the full Accomplishment whereof unless Heaven prevent it the Catholicks of England expect within the Circuit of one Year as the forenamed Proclamations intimate Tenthly That no setled Peace was ever formerly intended nor can now be futurely expected in England or Ireland without an universal publick Toleration at the least of Popery and a Repeal and Suspension of all Laws against it this being the very Condition in the Plot which the King must condescend to e're the Papists would engage themselves to assist him in these Wars thus raised by them for this end And that none may doubt this Verity the late most insolent bold Demands of the Irish Rebels in the Treaty with them the present Suspension of all Laws against Priests and Recusants in all Counties under his Majesty's Power the uncontrolled multitudes of Masses in his Armies Quarters Wales the North and elsewhere the open Boasts of Papists every where most really proclaim it And if the King after all their many Years restless Labour Plot Costs Pains and pretended Fidelity to his Cause against the Parliament should deny these Merit-mongers such a diminutive Reward as this is the very least they will expect now they have him the Prince and Duke within their Custody Bristol Chester Ireland all his Forccs in their Power this Discoverer an Eye and
Original now in my Hands will not only supply the defect of what the Arch-Bishop intended in the words before related but never effected but will also undeniably assert his Innocence from those greater Accusations 〈◊〉 brought against him and will farther clear 〈◊〉 from many later Aspersions of lesser moment I will name but one which is to be found in the Life of Arch-Bishop Williams wrote by Bishop Hacket and lately Published Therein pag. 63 64. Dr. Laud is taxed of high Ingratitude against Williams who is there in a long Relation represented as his great Benefactor and who particularly gained of King James the Bishoprick of St. Davids for him by his great and restless importunity when the King had determined not to Promote him as unworthy of his Favour for Reasons there expressed I question not Bishop Hacket's Veracity or that Arch-Bishop Williams did indeed relate this to him But then Williams will be found strongly to have prevaricated when he pretended that Laud owed that Preferment to his Kindness and thereupon taxed him of Ingratitude For from what is related in the following Diary at June 29 1621. it appears indeed that Williams stickled hard to gain the Bishoprick of St. Davids for Laud not out of any Kindness to him but for his own ends that so himself might retain the Deanry of Westminster with the Bishoprick of Lincoln to which he was then Nominated which otherwise had slipped from him the King having designed to give it to Dr. Laud upon the avoidance of it by the Promotion of Dr. Williams to the See of Lincoln But whatever may be in this Matter alledged against Dr. Laud I am sure no Art or Colour can defend that bitter Revenge of Arch-Bishop Williams related in this History which prompted him to move earnestly in the House of Lords that the Jurisdiction of the Arch-Bishop of Canterbury then a Prisoner in the Tower might be Sequestred and put into the Hands of his Inferiour Officers which by his importunity he obtained to the great Prejudice of the Church and no small Infamy of himself I do not pretend to justifie the whole Proceeding of Arch-Bishop Laud during the whole course of his Power and Government against Arch-Bishop Williams I do rather lament it as the great Misfortune both of themselves and the Church at that time that two such Eminent Prelates equally endued with extraordinary Learning Wisdom and Greatness of Mind should be engaged in constant Opposition and Enmity to each other at first raised by mutual Distrust and Emulation and ever after kept up and fomented by reciprocal Injuries and false Representations on each side But that the blame of this Misfortune should be cast wholly on the one side that unworthy Reflections should be made and Published in prejudice of Arch-Bishop Laud that he should be accused of base Ingratitude of impotent Malice of insatiable Revenge while the other is represented as the most Calm most Innocent and most Heroical Person imaginable I cannot without some Indignation observe in the before mentioned Historian otherwise of Eminent Worth and Character who to approve his Gratitude to his Patron and Promoter hath grosly neglected the Laws of History and cared not how injuriously he treated the Memory of Arch-Bishop Laud that he might justifie the Quarrel and heighten the Encomium of Arch-Bishop Williams Vpon this Account and with this design Williams is pretended to have been the great Patron and Benefactor of Laud to have procured him his first Rotchet c. that so the latter might appear guilty of the highest Ingratitude against the other Hence these Reflections are frequently repeated Of all Men Bishop Laud was the Man whose Enmity was most tedious and most spightful against his great Benefactor Williams This dealing of Laud is past Excuse and can bear no Apology And the Cause of his Bishop Williams's incessant molestations for Twelve Years was his known Enemy Bishop Laud. Could he so soon forget him that first made him a Bishop c. The undoing of his Brother was so much in his Mind that it was never out of his Dreams In other places Laud is represented as utterly implacable and irreconcilable in his Malice against Williams is accused of impotent Malevolence and his implacable spight against a Bishop his Raiser and now by being a Prisoner in the Tower become a spectacle of pity said to be unpardonable Again he is Traduced to have been possessed with a Revengeful Mind Whereas to the other this lofty Encomiam is beslowed that There did not Live that Christian that hated Revenge more than he or that would forgive an Injury sooner These and many like Passages are as far remote from Truth and Justice as they are from that Sincerity and Impartiality which become an Historian I had intended to have said no more upon this Head But I cannot prevail with my self to pass by an heinous Accusation formerly brought against Arch-Bishop Laud concerning his having altered the Oath Administred to King Charles I at his Coronation in favour of the Crown and prejudice of the People Which Accusation it hath pleased an Honourable Reverend and Learned Person very lately to renew in a Publick Speech in these words The striking out of that part of the Ancient Oath in King Charles his time at his Coronation by Arch-Bishop Laud that the King should consent to such Laws as the People should choose and instead of that another very unusual one inserted Saving the King's Prerogative Royal. And I could tell you of somewhat more of that kind done since in the time of the late King James at the time of his Coronation there was much more struck out of the Coronation Oath which might well be worth the enquiring how it came about I must not presume to oppose any thing delivered by an Oracle of the Law in a Court of Judicature to a great Auditory upon a Solemn Occasion However I beg leave to acquaint the Reader that a full and undeniable justification of Arch-Bishop Laud from this Charge may be found in this History cap. 33. I may farther presume that the Author of this Speech is too Just and Honourable to intend by the latter Clause any 〈◊〉 upon another Arch-Bishop who Administred the Coronation Oath to King James II. Or if any Reader should be so ill informed as to mis-conceive his Lordship herein I hope it will be no offence to say that it would be no difficult matter to justifie in this Case the Proceeding of the one Arch-Bishop as clearly as this History doth the other I might farther add that the entire Publication of this Diary contributes very much to Illustrate the History of those Times and that both it and the following History discover many Secrets before unknown in Matters of Church and State and correct many Errours commonly taken up and received in Relation to either To give one particular instance I know a certain 〈◊〉 who would fain be esteemed and is generally accounted by these of his Party
and Soul diers to fall up on me in the King's absence Sept. 21. I received a Letter from John Rockel a M an both by Name and Person unknown to me He was among the Scots as he tra velled through the Bishoprick of Durham he heard them inveigh and rail at me exceedingly and that they hoped Shortly to see me as the Duke was Slain by one least suspected His Letter was to advise me to look to my self Septemb. 24. Thursday A great Council of the Lords were called by the King to York to consider what way was best to be taken to get out the Scots and this day the Meeting began at York and continued till Octob. 28. Octob. 22. Thursday The High Commission sitting at St. Pauls because of the Troubles of the Times Very near 2000 Brownists made a Tumult at the end of the Court tore down all the Benches in the Consistory and cryed out they would have no Bishop nor no High Commission Octob. 27. Tuesday Simon and Jude's Eve I went into my upper Study to see some Manuscripts which I was sending to Oxford In that Study hung my Picture taken by the Life and coming in I found it fallen down upon the Face and lying on the Floor the String being broken by which it was hanged against the Wall I am almost every day threatned with my Ruine in Parliament God grant this be no Omen Novemb. 3. Tuesday The Parliament began the King did not ride but went by Water to Kings Stairs and thorough Westminster-Hall to the Church and so to the House Novemb. 4. Wednesday The Convocation began at St. Pauls Novemb. 11. Wednesday Thomas Vis count Wentworth Earl of Straffor d Accused to the Lords by the House of Commons for High Treason and restrained to the Usher of the House Novemb. 25. Wednesday He was sent to the Tower Decemb. 2. Wednesday A great Debate in the House that no Bishop should be so much as of the Committee for preparatory Examinations in this Cause as accounted Causa Sanguints put off till the next day Decemb. 3. Thursday The Debate declined Decemb. 4. Friday The King gave way that his Council should be Examined upon Oath in the Earl of Strafford's Case I was Examined this day Decemb. 16. Wednesday The Canons Condemned in the House of Commons as being against the King's Prerogative the Fundamental Laws of the Realm the Liberty and Propriety of the Subject and containing divers other things tending to Sedition and of dangerous Consequence Upon this I was made the Author of them and a Committee put upon me to enquire into all my Actions and to prepare a Charge The same Morning in the Upper House I was na med as an Incendiary by the Scot tish Commissioners and a .... Complaint promised to be drawn up to morrow Decemb. 18. Friday I w as Accu sed by the House of Commons for High Trea son without any particular Charge laid against me which they said should be prepared in convenient time Mr. Denzell Hollys was the Man that brought up the Message to the Lords Soon after the Charge was brought into the Upper-House by the Scottish Commissioners tending to prove me an Incendiary I was presently committed to the Gentleman Us her but was permitted to go in his Company to my House at Lam beth for a Book or two to Read in and such Papers as pertained to my Defence against the Scots I stayed at Lambeth till the Evening to avoid the gazing of the People I went to Evening Prayer in my Chappel The Psalms of the day Psal. 93 and 94. and Chap. 50. of Esai gave me great Comfort God make me worthy of it and fit to receive it As I went to my Barge hundreds of my poor Neighbours stood there and prayed for my safety and return to my House For which I bless God and them Decemb. 21. Munday I was Fined 500 l. in the Parliament House and Sir John Lambe and Sir Henry Martin 250 l. a piece for keeping Sir Robert Howard close Prisoner in the Case of the Escape of the Lady Viscountess Purbecke out of the Gate-House which Lady he kept avowedly and had Children by her In such a Case say the Imprisonment were more than the Law allow what may be done for Honour and Religion sake This was not a Fine to the King but Damage to the Party Decemb. 23. Wednesday The Lords Ordered me to pay the Money presently which was done Januar. 21. Thursday A Parliament Man of good Note and Interessed with divers Lords sent me word that by Reason of my patient and m oderate Carriage since my Commit ment four Earls of great power in the Upper-House of the Lords were not now so sharp against me as at first And that now they were resolved only to Se quester me from the King's Coun cil and to put me from my Arch Bishoprick So I see what Justice I may expect since here is a Resolution taken not only before my Answer but before my Charge was brought up against me Febr. 14. Sunday A. R. And this if I Live and continue Arch-Bishop of Canterbury till after Michaelmas-day come Twelve-month Anno 1642. God bless me in this Febr. 26. Friday This day I had been full ten weeks in restraint at Mr. Maxwell's House And this day being St. Augustin's day my Charge was brought up from the House of Commons to the Lords by Sir Henry Vane the Younger It consisted of fourteen Articles These Generals they craved time to prove in particular The Copy of this General Charge is among my Papers I spake something to it And the Copy of that also is among my Papers I had Favour from the Lords not to go to the Tower till the Munday following March 1. Munday I went in Mr. Maxwell's Coach to the Tower No noise till I came into Cheapside But from thence to the Tower I was followed and railed at by the Prentices and the Rabble in great numbers to the very Tower Gates where I left them and I thank God he made me patient March 9. Shrove-Tuesday ........ was with me in the Tower and gave great engagements of his Faith to me March 13. Saturday Divers Lords Dined with the Lord Herbert at his new House by Fox-Hall in Lambeth Three of these Lords in the Boat together when one of them saying he was sorry for my Commitment because the buil ding of St. Pauls went slow on there-while the Lord Brooke replied I hope some of us shall live to see no one stone left upon another of that Building March 15. Munday A Committee for Religion setled in the Upper-House of Parliament Ten Earls ten Bishops ten Barons So the Lay-Votes shall be double to the Clergy This Committee will meddle with Doctrine as well as Ceremonies and will call some Divines to them to consider of the Business As appears by a Letter hereto annexed sent by the Lord Bishop of Lincoln to some Divines to attend this Service Upon
prevailing with him that he told me plainly He would be torn with wild Horses before he would Subscribe that Canon And so we parted The hour of Convocation drew on and we met to Subscribe the Canons When it came to the Bishop of Glocester's turn his Lordship would neither allow the Canons nor reject them but pretended as he had once done about a week before that we had no Power to make Canons out of Parliament time since the Statute of H. 8. It was then told his Lordship that we had the King's Power according to that Statute And that his Lordship was formerly satisfied by the Lawyers Hands as well as we And that this was but a pretence to disgrace our Proceedings the better to hide his unwillingness to Subscribe that Canon against the Papists as appeared by that Speech which he had privately used to me that Morning and with which I publickly charged him upon this occasion and he did as publickly in open Convocation acknowledge that he spake the words unto me Besides this he was further told that in all Synods the Suffragants were to declare themselves by open Affirmation or denyal of the Canons agreed upon and that therefore he ought to express his Consent or his Dissent And though at that time I pressed it no further on him yet it stands with all Reason it should be so For otherwise it may so fall out that the Synod may be disappointed and be able to determine nothing And it seems they were bound to declare in Synod For otherwise when points of difficulty or danger came the Fathers might have with more sasety forborn to Vote which yet they did not For in the Case of Nestorius in the Ephesine Council the heats grew very high between Cyril of Alexandria and John of Antioch and though most of the Votes went with Cyril for the deposition of Nestorius yet the rest held with John who was thought to favour Nestorius So for matter of Opinion and point of Faith when Cyril had set out his twelve Anathematisms Recorded in the Acts of the Ephesine Synod The Eastern Bishops in a Body and Theodoret by himself set out their Confutations of them And this I believe verily they had not done the temper of those Times considered if they might have sate still as Spectators only without declaring their Judgment But this appears more plainly by the Fourth Council of Toledo where it was Decreed That no Man should dare to dissolve the Council till all things were determined and subscribed by the Bishops For this makes it evident that every one who had a Voice in Council was not only to declare his Judgment but subscribe his Name Nor can I see why either the absence of a Bishop being Summon'd thither or his departure thence before all things were concluded should be so penal as by the Ancient Canons it was in case they were not bound to declare their Judgments being once come thither It being all one upon the matter to be absent thence and to say nothing there For by the Council of Arles it was no less than Excommunication And though that was after mitigated in the Council of Orleans to suspension for six Months in the Year 552. Yet in the Council of Sevil in the Year 590. upon sight of the Inconveniencies which fell out upon it it was made Excommunication as it was formerly And a President of this we have in our own Acts of Convocation An. 1571. And this was not only since the Act of the submission of the Clergy but since the Reformation too For there it appears that Richard Cheyney Bishop of Glocester for not attending the Convocation though he were then in Westminster and going home without leave asked of the Arch-Bishop was Excommunicated by the joint consent of all his Brethren Yet I may not deny that in the Question of King Hen. 8th's Marriage with his Brother's Wife when the business came to Voting in the lower House of Convocation fourteen affirmed that the Law De non ducendâ fratris Relictâ for a Man 's not Marrying the Widow of his Brother was indispensable and seven denied and one doubted As also in the Act of the Submission of the Clergy consisting of three Articles when it came to Voting in that House the first Article was denied by eighteen and referred by eight The two other were denied by nineteen and referred by seven the residue consenting unto all But neither of these had they then been thought on could have relieved the Bishop of Glocester Because he neither doubted nor referred but peremptorily said to me that Morning that he would be torn with wild Horses before he would subscribe that Canon against the Papists And yet when it came to the Subscription he would neither affirm nor deny the Canon but would have turn'd it off as if we had not Power to make those Canons Therefore when his Lordship would not do either I with the consent of the Synod suspended him Divers of my Lords the Bishops were very tender of him and the Scandal given by him And John Davenant then Lord Bishop of Salisbury and Joseph Hall then Lord Bishop of Exeter desired leave of the House and had it to speak with my Lord of Glocester to see if they could prevail with him They did prevail and he came back and Subscribed the Canons in open Convocation But I told him Considering his Lordship's Words I did not know with what Mind he Subscribed and would therefore according to my Duty acquaint his Majesty with all the Proceedings and there leave it The Subscription to the Canons went on no one man else checking at any thing And that work ended the Convocation was dissolved Maij 29. being Friday The Convocation thus ended I did acquaint his Majesty with my Lord of Glocester's Carriage and with that which was done upon it His Majesty having other Jealousies of this Bishop besides this resolved to put him to it So his Lordship was brought before the King and the Lords in Council and restrained to his Lodging and a Writ Ne exeat Regnum sent him But this Writ proceeded not for any thing said or done by his Lordship in the Convocation but upon other information which his Majesty had received from some Agents of his beyond the Seas As shall appear hereafter if this be objected against me In the mean time let this Bishop rest for me The Canons thus Freely and Unanimously Subscribed were Printed And at their first Publication they were generally approved in all Parts of the Kingdom and I had Letters from the remotest Parts of it full of Approbation Insomuch that not my self only but my Breth'ren which lived near these Parts and which were not yet gone down were very much Joyed at it But about a Month after their Printing there began some Whisperings against them by some Ministers in London and their Exceptions were spread in writing against them And
this set others on work both in the Western and the Northern Parts Till at last by the practice of the Faction there was suddenly a great alteration and nothing so much cryed down as the Canons The comfort is Christ himself had his Osanna turned into a Crucifige in far less Time By this means the Malice of the Time took another occasion to whet it self against me The Synod thus ended and the Canons having this Success but especially the Parliament ending so unhappily The King was very hardly put to it and sought all other means as well as he could to get supply against the Scots But all that he could get proved too little or came too late for that service For the averse party in the late Parliament or by and by after before they parted ordered things so and filled Mens Minds with such strange Jealousies that the King 's good People were almost generally possest that his Majesty had a purpose to alter the ancient Laws and Liberties of the Kingdom and to bring in Slavery upon his People A thing which for ought I know his Majesty never intended But the Parliament-men which would not relieve the King by their meeting in that Assembly came to understand and inform one another and at their return were able to possess their several Countries with the Apprehensions themselves had and so they did Upon this some Lords and others who had by this time made an underhand solemn Confederacy with a strong faction of the Scots brought an Army of them into the Kingdom For all Men know and it hath been in a manner confessed that the Scots durst not have come into England at that Time if they had not been sure of a Party here and a strong one and that the King should be betrayed on all hands as shall after appear By these and the like means the King being not assisted by his Parliament nor having Means enough to proceed with his Forces in due Time the Scots were brought in as is aforesaid upon both King and Kingdom They under the Conduct of Sir Alexander Leshley their General passed the Tyne at Newborne Aug. .... 1640. and took New-castle the next Day after And all this gross Treason though it had no other end than to Confirm a Parliament in Scotland and to make the King call another in England that so they might in a way of Power extort from him what they pleased in both Kingdoms yet Religion was made almost all the pretence both here and there and so in pursuance of that pretence Hatred spread and increased against me for the Service-Book The King hearing that the Scots were moving Posted away to York Aug. 20. being Thursday There he soon found in what Straights he was and thereupon called his Great Council of all his Lords and Prelates to York to be there by September 24. But in regard the Summons was short and suddain he was Graciously pleased to dispense with the Absence of divers both Lords and Bishops and with mine among the rest How things in Particular succeeded there I know not nor belongs it much to the Scope of this short History intended only for my self But the Result of all was a present Nomination of some Lords Commissioners to treat at Rippon about this Great Affair with other Commissioners from the Scotch Army But before this Treaty at Rippon one Melborne or Meldrum Secretary to general Leshly as he was commonly said to be at the Shire-House in Durham when the Country-Gentlemen met with the chief of the Scottish Army about a composition to be made for Payment of Three Hundred and Fifty Pounds a Day for that County expressed himself in this Manner Septemb. 10. 1640. I wonder that you are so Ignorant that you cannot see what is good for your selves For they in the South are sensible of the good that will ensue and that we came not unsent for and that oftner than once or twice by your own Great Ones There being a Doubt made at these words Great Ones He reply'd your own Lords with farther Discourse These Words were complained of during the Treaty at Rippon to the English Lords Commissioners by two Gentlemen of the Bishoprick of Durham to whom the Words were spoken by Meldrum The Gentlemen were Mr. John Killinghall and Mr. Nicholas Chaytor and they offer'd to Testify the Words upon Oath But the Lords required them only to Write down those Words and set their Hands to them which they did very readily The Lords acquainted the Scotch Commissioners with the Words They sent to Newcastle to make them known to General Leshly He called his Secretary before him questioned him about the Words Meldrum denyed them was that enough against two such Witnesses This Denyal was put in Writing and sent to Rippon Hereupon some of the English Lords Commissioners required that the two Gentlemen should go to Newcastle to the Scotch Camp and there give in their Testimony before General Leshly The two Gentlemen replyed as they had great reason to do that they had rather testify it in any Court of England and could do it with more safety Yet they would go and testify it there so they might have a safe Conduct from the Scottish Commissioners there being as yet no Cessation of Arms. Answer was made by some English Lords that they should have a safe Conduct Hereupon one of the Kings Messengers attendant there was sent to the Scotch Commissioners for a safe Conduct for the Two Gentlemen He brought back Word from the Earl of Dumfermling to whom it was directed that the Two Gentlemen were unwise if they went to give such Testimony at the Camp And then speaking with the Lord Lowdon he came again to the Messenger and told him that such a safe Conduct could not be granted and that he would satisfy the Earl that sent for it who was Francis Earl of Bedford The Messenger returning with this Answer the Gentlemen were dismissed So the business dyed it being not for somebody's safety that this Examination should have proceeded for it is well enough known since that many had their hands in this Treason for Gross Treason it was by the express Words of the Statute of 25 Edw. 3. c. 2. The Truth of all this will be sworn to by both the Gentlemen yet living and by a very honest grave Divine who was present at all these Passages at Rippon and gave them to me in Writing In this Great Council while the Treaty was proceeding slowly enough it was agreed on that a Parliament should begin at London Nov. 3. following And thither the Commissioners and the Treaty were to follow and they did so After this how things proceeded in Parliament and how long the Scotch Army was continued and at how great a charge to the Kingdom appears olsewhere upon Record for I shall hasten to my own particular and take in no more of the Publick than Necessity shall inforce me to make my sad Story hang together
Novations now spoken of were not then on Foot So that it is evident enough to any Man that will see that these Commotions had another and a higher cause than the present pretended Innovations And if his Majesty had played the King then he needed not have suffered now Besides they are no Fools who have spoken it freely since the Act of Oblivion for the Scottish Business was passed that this great League before mentioned between the discontented Party of both Kingdoms was Consulted on in the Year 1632. and after the King 's being in Scotland Anno 1633. it went on till they took occasion another way to hatch the Cockatrice Egg which was laid so long before But they say these Novations were great besides the Books of Ordination and Homilies So the Books of Ordination and Homilies were great Novations Had they then in Scotland no set Form of Ordination I promise you that 's next Neighbour to no Ordination and no Ordination to no Church formal at least And therefore if this be a Novation among them its high time they had it And for the Homilies if they taught no other Doctrine than was established and current in the Church of Scotland they were no Novations and if they did contain other Doctrine they might have Condemned them and there had been an end Howsoever if these Books be among them in Scotland they were sent thither in King James his Time when the Prelate of Canterbury neither was nor could be the prime cause on Earth of that Novation The other Novations which they proceed unto are first some particular Alterations in matters of Religion pressed upon them without Order and against Law To this I can say nothing till the particular Alterations be named Only this in the general be they what they will the Scottish Bishops were to blame if they pressed any thing without Order or against Law And sure I am the Prelate of Canterbury caused them not nor would have consented to the causing of them had he known them to be such The two other Novations in which they instance are the Book of Canons and the Liturgy which they say contain in them many dangerous Errours in Matter of Doctrine To these how dangerous soever they seem I shall give I hope a very sufficient and clear answer and shall ingenuously set down whatsoever I did either in or to the Book of Canons and the Liturgy and then leave the ingenuous Reader to judge how far the Prelate of Canterbury is the prime cause on Earth of these Things ART I. AND first that this Prelate was the Author and Vrger of some particular Things which made great disturbance amongst us we make manifest first by Fourteen Letters Subscribed W. Cant. in the space of two Years to one of our pretended Bishops Ballatine wherein he often enjoyns him and our other pretended Bishops to appear in the Chappel in their Whites contrary to the Custom of our Kirk and to his own Promise made to the pretended Bishop of Edinburgh at the Coronation That none of them after that Time should be more pressed to wear those Garments thereby moving him against his Will to put them on for that time Here begins the first Charge about the Particular Alterations And first they Charge me with Fourteen Letters written by me to Bishop Ballantyne He was then Bishop of Dunblain and Dean of His Majesties Chappel Royal there He was a Learned and a Grave Man and I did write divers Letters to him as well as to some other Bishops and some by Command but whether just fourteen or no I know not But sure I am their Love to me is such that were any thing worse than other in any of these Letters I should be sure to hear of it First then They say I injoyned wearing of Whites c. surely I understand my self a great deal better than to injoyn where I have no Power Perhaps I might express that which His Majesty Commanded me when I was Dean of his Majesty's Chappel here as this Reverend Bishop was in Scotland And His Majesty's Express Command was that I should take that care upon me that the Chappel there and the Service should be kept answerable to this as much as might be And that the Dean should come to Prayers in his Form as likewise other Bishops when they came thither And let my Letters be shewed whether there be any Injoyning other than this and this way And I am confident His Majesty would never have laid this Task upon me had he known it to be either without Order or against Law Next I am Charged that concerning these Whites I brake my Promise to the Bishop of Edinburgh Truly to the uttermost of my Memory I cannot recall any such Passage or Promise made to that Reverend and Learned Prelate And I must have bin very ill advised had I made any such Promise having no Warrant from his Majesty to ingage for any such thing As for that which follows that he was moved against his will to put on those Garments Truly he expressed nothing at that time to me that might signifie it was against his Will And his Learning and Judgment were too great to stumble at such External Things Especially such having been the Ancient Habits of the most Reverend Bishops from the descent of many Hundred Years as may appear in the Life of St. Cyprian And therefore the Novation was in the Church of Scotland when her Bishops left them off not when they put them on In these Letters he the Prelate of Canterbury directs Bishop Ballantine to give Order for saying the English Service in the Chappel twice a day For his neglect shewing him that he was disappointed of the Bishoprick of Edinburgh promising him upon his greater care of these Novations advancement to a better Bishoprick For the direction for Reading the English Service it was no other than His Majesty Commanded me to give And I hope it is no Crime for a Bishop of England by His Majesties Command to signifie to a Bishop in Scotland what his pleasure is for Divine Service in his own Chappel Nor was the Reading of the English Liturgy any Novation at all in that place For in the Year 1617. I had the Honour as a Chaplain in Ordinary to wait upon King James of Blessed Memory into Scotland and then the English Service was Read in that Chappel and twice a Day And I had the Honour again to wait upon King Charles as Dean of His Majesties Chappel Royal here at his Coronation in Scotland in the Year 1633 And then also was the English Service Read twice a Day in that Chappel And a strict Command was given them by His Majesty that it should be so continued and Allowance was made for it And none of the Scots found any fault with it at that time or after till these Tumults began And for Bishop Ballantyn's missing the Bishoprick of Edinburgh and my promising him
ready made That which was mine is here confessed to be but Interlinings and Marginals and Corrections and at most some Additions And they would be found a very small Some were the Original Book seen And yet it must be Evident that no Hand but mine did this by my Magisterial way of Prescribing in an Interlining or a Marginal Excellent Evidence Secondly they have another great Evidence of this But because that is so nervous and strong I will be bold to reduce it to some Form that it may appear the clearer though it be against my self There was they say a new Copy of these Canons all written with S. Andrews own Hand and according to the former Castigations and Directions sent to have the King's Warrant to it which was obtained Therefore these Interlinings and Marginals c. were done by no other than Canterbury Most Excellent Evidence and clear as Mid-Night The plain Truth is contrary to all this Evidence For by the same Command of His Majesty the Reverend Bishop of London was joyned with me in all the view and Consideration which I had either upon the Book of Canons or upon the Service-Book after So it is utterly untrue that these Interlinings or Marginals or Corrections or call them what you will were done by no other than Canterbury For my Lord of London's both Head and Hand were as deep in them as mine And this I avow for well known Truth both to the King and those Scottish Bishops which were then imployed and this notwithstanding all the Evidences of a Magisterial way and a New Copy And yet this General Charge pursues me yet farther and says The Kings Warrant was obtained as is said to these Canons but with an Addition of some other Canons and a Page of New Corrections according to which the Book of Canons thus Composed was Published in Print The inspection of the Books Instructions and his Letters of Joy for the success of the Work and of other Letters from the Prelate of London and the Lord Sterling to the same purpose all which we are ready to exhibit will put the Matter out of all debate Yet more ado about nothing Yet more noise of Proof to put that out of all debate which need never enter into any For if no more be intended than that I had a view of the Book of Canons and did make some Interlinings and Marginals and the like I have freely acknowledged it and by whose Command I did it and who was joyned with me in the Work So there will need no Proof of this either by my Letters or the Prelate of Londons or the Lord Sterlings Yet let them be exhibited if you please But if it be intended as 't is laid that this was done by no other than Canterbury then I utterly deny it and no Proof here named or any other shall ever be able to make it good As for the Addition of some other Canons and Pages of New Corrections according to which the Book of Canons is said to be Composed and Published Truly to the utmost of my Memory I know of none such but that the Copy written by my Lord of S. Andrews own Hand and sent up as is before mentioned was the very Copy which was Warranted by His Majesty and Published without any further Alteration But if any further Alteration were it was by the same Authority and with the same Consent And for my Letters of Joy for the Success of the Work let them be exhibited when you please I will never deny that Joy while I live that I conceived of the Church of Scotland's coming nearer both in the Canons and the Liturgy to the Church of England But our gross unthankfulness both to our God and King and our other many and great Sins have hindred this great Blessing And I pray God that the loss of this which was now almost effected do not in short time prove one of the greatest Mischiefs which ever befel this Kingdom and that too This is the General Charge about the Canons Now follow the Particulars Beside this General Charge there be some things more special worthy to be adverted unto for discovering his Spirit First the Fourth Canon of Cap 8. For as much as no Reformation in Doctrine or Discipline can be made perfect at once in any Church Therefore it shall and may be Lawful for the Kirk of Scotland at any time to make Remonstrances to His Majesty or his Successours c. Because this Canon holds the Door open to more Innovations he writes to the Prelate of Ross his Prime Agent in all this Work of his great Gladness that this Canon did stand behind the Curtain And his great desire that this Canon might be Printed fully as one that was to be most useful Now come the Particulars worthy to be adverted unto for the discovery of my Spirit And the first is taken out of the Fourth Canon of Cap. 8. The Charge is that this Canon holds the Door open to more Innovations First I conceive this Accusation is vain For that Canon restrains all Power from private Men Clergy or Laye nay from Bishops in a Synod or otherwise to alter any thing in Doctrine or Discipline without Authority from His Majesty or his Successours Now all Innovations come from private assumption of Authority not from Authority it self For in Civil Affairs when the King and the State upon Emergent Occasions shall abrogate some Old Laws and make other New that cannot be counted an Innovation And in Church-Affairs every Synod that hath sate in all times and all places of Christendom have with leave of Superiour Authority declared some Points of Doctrine condemned other-some Altered some Ceremonials made new Constitutions for better assisting the Government And none of these have ever been accounted Innovations the Foundations of Religion still remaining firm and unmoved Nay under favour I conceive it most necessary that thus it ought to be And therefore this Canon is far from holding a Door open for more Innovations since it shuts it upon all and leaves no Power to alter any thing but by making a Remonstrance to the Supream Authority that in a Church-way approbation may be given when there is Cause And therefore if I did write to the Prelate of Ross that this Canon might be Printed fully as one that was to be most useful I writ no more then than I believe now For certainly it is a Canon that in a well-governed Church may be of great use And the more because in Truth it is but Declaratory of that Power which a National Church hath with leave and approbation of the Supream Power to alter and change any alterable thing pertaining to Doctrine or Discipline in the Church And as for that Phrase said to be in my Letter that this Canon did stand behind the Curtain it was thus occasioned My Lord the Bishop of Ross writ unto me from the Arch-Bishop of S. Andrews that no words might
Tyranical Power he went about to establish in the Hands of our Prelates over the Worship of God and the Souls and Goods of Men overturning from the Foundation the whole Order of our Kirk and how large an entry he did make for the grossest Novations afterward which hath been a main Cause of this Combustion This is the last Shot against these Canons and me for them And I conceive this is no great thing For Arbitrary Government is one thing And 't is quite another that wheresoever there is no Penalty expresly set down it is provided that it shall be Arbitrary as the Ordinary shall think fittest which are the words of the Canon For since no Law can meet with all particulars some things must of necessity be left Arbitrary in all Government though that be perfectest and happiest that leaves least Nor is it an unheard of thing to find something Arbitrary in some Canons of the Church which are very antient As in the Council of Eliberis the Punishment of him who was absent from the Church three Sundays was that he should be Abstentus and barred from the Church for some small time that his negligence in the Service of God may seem to be punished But this small Time being not limited is left to Arbitrary Discretion So likewise in the Council of Valence An. 374. The giving of the Sacrament to such as had vowed Virginity and did afterwards Marry was to be deferr'd as the Priest saw Reason and Cause for it and that sure is Arbitrary The like we find in the third Council of Carthage where the Time of Penance according to the quality of the Sin is left to the Discretion of the Bishop And these Councils were all within the fourth Century By all which it is apparent that in Church as well as in State some things may be left Arbitrary and have been in Better and Wiser Times than these of ours Nay 't is confest by one that Writes almost as well as Junius Brutus that there is an Arbitrary Power in every State somewhere and that no Inconvenience follows upon it And the Council of Ancyra inflicting Censures upon Presbyters first and then Deacons which had fallen in time of Persecution yet gives leave to the Bishop to mitigate the Penance at his Discretion Again 't is manifest by the care taken in the preceeding Canons that here 's little or nothing of moment left Arbitrary And then the Ordinary will fall into an Excess more dangerous to himself than his Arbitrary Punishment can be to him that suffers it if he offer to Tyrannize For this Clause wheresoever it is inserted in Canon or Statute as it is in the Statutes of very many Colledges stands but for a Proviso that Disorderly persons may not think they shall escape Punishment if they can cunningly keep off the Letter of the Law And yet so that the Arbitrary Punishment be Regulated by that which is expressed in the Canons or the Statutes for Omissions or Commissions of like nature And therefore that which is inferred upon all this Charge and the Particulars in it Namely That I went about to establish a Tyranical Power in the Hands of their Prelates either over the Worship of God or the Souls and Goods of Men is utterly false and cannot be proved to follow out of any of the Premises Not over the Goods of the People For no Prelate not invested with Temporal Power can meddle with them so that were there any Canon made for that it would be void of it self Nor over the Souls of Men for they are left free in all things save to commit Sin and Disorder which to repress by Canons is and hath been the Church way Much less over the Worship of God For these Canons have laboured nothing so much as to Honour and Establish that in Decency and Uniformity And as for that which follows That these Canons over-turn from the Foundation the whole Order of their Kirk 'T is more than I believe will be proved that they have over-turned any good Order in their Church much less Foundations Though it may be thought by some and perhaps justly that there is so little Order in their Church and that so weakly founded that it may be over-turned with no great stress And for the large Entry made for the Gross Novations afterwards you see what it is And when you have considered the Gross Novations which are said to come after I hope you will not find them very Gross nor any way fit to be alledged as a main Cause of this Combustion Now follows ART III. The third and great Novation which was the Book of Common-Prayer Administration of Sacraments and other parts of Divine Service brought in without Warrant from our Kirk to be Vniversally received as the only Form of Divine-Service under the highest pains both Civil and Ecclesiastical Now we are come to the Arraignment of the Liturgy and the Book of Common-Prayer and this they say was brought in without Warrant from their Kirk If this be true it was the fault of your own Prelates and theirs only for ought I know For though I like the Book exceeding well and hope I shall be able to maintain any thing that is in it and wish with all my Heart that it had been entertained there yet I did ever desire it might come to them with their own liking and approbation Nay I did ever upon all Occasions call upon the Scottish Bishops to do nothing in this Particular but by Warrant of Law And farther I professed unto them before His Majesty that though I had obeyed his Commands in helping to Order that Book yet since I was ignorant of the Laws of that Kingdom I would have nothing at all to do with the manner of introducing it but left that wholly to them who do or should understand both that Church and their Laws And I am sure they told me they would adventure it no way but that which was Legal But they go on And say this Book Is found by our National Assembly besides the Popish Frame and Forms in Divine Worship to contain many Popish Errors and Ceremonies and the Seeds of manifold and gross Superstitions and Idolatries and to be repugnant to the Doctrine Discipline and Order of our Reformation to the Confession of Faith Constitutions of General Assemblies and Acts of Parliament Establishing the true Religion That this was also Canterbury's Work we make manifest This is a great Charge upon the Service-Book indeed But it is in Generals and those only affirmed not proved And therefore may with the same case and as justly be denied by me as they are affirmed by them And this is all I shall say till they bring their Proofs And though this be no more Canterbury's Work than the Canons were yet by their good will I shall bear the burden of all And therefore before they go to prove this great Charge against the Service-Book
possess their Religion in Peace especially being against no worse Devices or no greater Novations than they have quarelled at in these Books Yet for all this I shall after make it appear that I kindled no War against them but kept it off from them as much and as long as I could And as themselves confess I was not the Sole so neither they nor any man else shall ever be able to prove I was the Principal Agent or Adviser of that War Yea but When by the Pacification at Barwick both Kingdoms looked for Peace and Quietness he spared not openly in the hearing of many often before the King and privately at the Council-Table and the Privy Junto to speak of us as of Rebels and Traytors and to speak against the Pacification as dishonourable and meet to be broke Neither did his malignancy and bitterness ever suffer him to rest till a new War was entred upon and all things prepared for our destruction This Article about the breach of the Pacification the Parliament of England have thought fit to make a part of their Charge against me And therefore I shall put off the main of my Answer till I come to those Articles In the mean time thus much in brief I shall say to some circumstantial things in this Charge And first I do not think that any thing can be said to be Privately spoken at the Council-Table that is openly delivered there in the hearing of his Majesty and all the Lords present And so was all which I spake there Secondly they say I did openly and often speak of them the Scots as of Rebels and Traytors That indeed is true I did so And I spake as I then thought and as I think still For it was as desperate a plotted Treason as ever was in any Nation And if they did not think so themselves what needed their Act of Oblivion in Scotland or the like in England to secure their Abetters here Thirdly For the Pacification at Barwick whatever I said touching the Dishonour of it as shall after appear yet no Man can truly Charge me that I said it was meet to be broken Fourthly I had no Malignity answerable to their bitterness against the Church of England nor did the entring upon a new War proceed from my Counsels nor did I give farther way to it than all the Lords of the Junto did Lastly it is manifest here how truly the King was dealt with on all Hands For here ye see they take on them to know not only what was done at the Council-Table but what was said also at the private Junto When in all that time his Majesty could get no information of any thing that proceeded in Scotland But they proceed yet farther against me By him was it that our Covenant approven by National Assemblies Subscribed by his Majesty's Commissioner and by the Lords of his Majesty's Council and by them commanded to be Subscribed by all the Subjects of the Kingdom as a Testimony of our Duty to God and the King By him was it still called Ungodly Damnable Treasonable By him were Oaths invented and pressed upon divers of our poor Countrymen upon the pain of Imprisonment and many other Miserie 's which were unwarranted by Law and contrary to their National Oath This their Covenant indeed as it was made at first without at least if not against the King I did utterly dislike And if I did say it was Vngodly Damnable and Treasonable I said no more than it deserved Nor was it any thing the better but much the worse if as it was so made at first it were approved by National Assemblies For that was but the greater sign that the Rebellious Faction grew stronger But I never found fault with their Covenant after they were pleased to take in the King and by his Authority signified by the Subscription of his Commissioner to do what was fit to be done Nor was there any Oath invented or pressed by me upon their Countrymen unwarrantable by Law for I neither invented nor pressed any But whatsoever was done in this kind was done by Publick Authority at the Council Table And if any Oath tendred to them there were contrary to their National Oath I doubt it will easily be found that their National Oath if such it be was contrary to their due and Natural Allegiance But what 's next Why this When our Commissioners did appear to render the Reasons of our demands he spared not in the presence of the King and the Committee to rail against our National Assembly as not daring to appear before the World and Kirks abroad where himself and his Actions were able to indure tryal And against our just and necessary Defence as the most malicious and treasonable Contempt of Monarchical Government that any by-gone Age had heard of His hand also was at the Warrant of Restraint and Imprisonment of our Commissioners sent from the Parliament warranted by the King and seeking the Peace of the Kingdom There are divers things in this part of the Charge And the first is that I railed at their National Assembly in the presence of the King and the Committee But that under favour is not so Nor is it my fashion to rail at any body much less in such a Presence I was then openly taxed and by Name by the L. Lowdon one of the Commissioners and that which I said in answer to him was in my own defence And it was to this effect That whatsoever their Assembly had concluded did not much move me For I did assure my self nothing they could say or do could sink my Credit in Christendom going upon grounds which would every where abide tryal And I somewhat doubted whether the Acts of their Assembly would do so since even at home not the Bishops only but the Learned Divines of Aberdeen opposed divers of them This was not railing against their Assembly And if it shall be thought too much to be spoken by though for my self I humbly desire the Christian Reader to remember That even S. Paul was forced to commend himself when false Brethren accused him 2 Cor. 12. Next they say I spake against their just and necessary defence Truly not I That which I spake was against their defence as being neither Just nor Necessary And if I then said speaking of things as they stood then that they were Treasonable Contempts of Monarchical Government then being such their defence of them could neither be Just nor Necessary And truly as they stood then I held them very desperate against the Honour and just Power of the King I say as they stood then For since his Majesty hath referred them to Honourable Commissioners of both Nations and out of his Clemency and Goodness hath admitted all or most of them which I believe few Kings would have done I have spoken nothing of them but in Prayer that God will graciously be pleased to turn all these things to the Good and
their Opinion unless they be such as have been bred up either in their Faction or in the Opposite at Rome For Bodin is clear That Arms may not be taken up against the Prince be he never so Impious and Wicked And instances in Saul and Nebuchadnezzar And Grotius doth not only say as much as Bodin but Censures them which hold the contrary to be Men which serve Time and Place more than Truth Nor is it any whit more Lawful for Inferiour Magistrates to make this resistance against the King than it is for private Men. And this is universally true where the Princes are free and have not undertaken the Government under that or the like Condition or being free seek with a Hostile Mind to ruine their People which is scarce possible And a great Civilian tells us that he is properly a Rebel that resists the Emperor or his Officers in things belonging to the State of the Empire Some Cases he lays down indeed in which the pleasure of a Prince may not be obeyed but none in which his Power is to be resisted Nor is it any marvel that Christians do disallow the taking up of Arms against the Prince since even the soundest Politicks among the Heathen have declared so likewise Aristotle was of this Opinion that if the Magistrate strike yet he is not to be struck again And Seneca that Men are to bear the unjust as well as the just Commands of Princes And Tacitus that good Emperours are to be desired but whatever they be to be born with And Plutarch that it is not Lawful to offer any Violence to the Person of the King And Cicero That no Force is to be offered either to a Man's Parent or to his Country And therefore in his Judgment not to the Prince who is Pater Patriae the Father of his Country And the truth is where-ever the contrary Opinion is maintained the Prince can never be safe nor the Government setled But so soon as a Faction can get a fit Head and gather sufficient strength all is torn in pieces and the Prince lost for no considerable Errour or perhaps none at all For a strong Party once Heated can as easily make Faults as find them either in Church or Common-wealth And make the King say as Zedekiah sometimes did to his potent Nobles Behold Jeremiah is in your Hands for the King is not he that can do any thing against you Jerem. 38. But whereas they say it is a Doctrine that tends to the utter Slavery and ruin of all States and Kingdoms That will appear most untrue by the very Letter of the Canon it self which gives way to no Tyranny but expresses only the true Power of a King given by God and to be exercised according to God's Law and the several Laws of Kingdoms respectively And I hope there will ever be a real difference found in Christian Kingdoms between the Doctrine that tends to Slavery and Ruine and that which forbids taking up of Arms against their Sovereign which is all that this Canon doth And in the mean time I pray God this not Doctrine only but Practice also of taking up Arms against the Lord 's Anointed under meer pretence of Religion do not in a shorter time than is fear'd bring all to Confusion where-ever 't is Practised For howsoever it bears a shew of Liberty yet this way of maintaining it is not only dishonourable to Kings but the ready way to make them study ways of Force and to use Power when-ever they get it to abridge the Liberties of such over-daring Subjects And in all times it hath sown the Seeds of Civil Combustions which have ended in Slavery and Ruine of flourishing Kingdoms And I pray God these do not end so in this But they go on And as if this had not been sufficient he procures six Subsidies to be lifted of the Clergy under pain of Deprivation to all who should refuse The giving of the King Subsidies is no new thing The Clergy have bin ever willing to the uttermost of their Power But what I and my Brethren of the Clergy did at this time therein is before set down And I hold it not fit to lengthen this Tract with the needless Repetition of any thing And which is yet more and above which Malice it self cannot ascend by his means a Prayer is framed Printed and sent through all the Parishes of England to be said in all Churches in time of Divine Service next after the Prayer for the Queen and Royal Progeny against our Nation by Name as Trayterous Subjects having cast off all Obedience to our Anointed Sovereign and coming in a Rebellious manner to Invade England that shame may cover our Faces as Enemies to God and the King We are now come to the last part of their Charge and that 's the Prayer which was made and sent to be used in all Churches when the Scots came into England But this Prayer was made not by my means or procurement but by his Majesties special Command to me to see it done And it hath bin ever usual in England upon great and urgent occasions to have one or more Prayers made by some Bishop or Bishops nearest hand to fit the Present business And this may appear by divers Forms and Prayers so made and publickly used in all times since the Reformation And since this Prayer was made by his Majesties own Command I am sorry they should say of it that Malice it self cannot ascend above it Though I perswade my self they thought to hit me not him in this Speech Now what I pray is that above which Malice it self cannot ascend Why first it is That they were called in that Prayer trayterous Subjects which had cast off all Obedience to their Anointed Sovereign Why but Truth spake this not Malice For Trayterous Subjects they were then if ever a King had any And the Kings Proclamation called them so before that Prayer came forth And what Title soever it is fit to give them now since his Majesty hath bin graciously pleased to treat with them and pass by their Offence that 's another thing but as the case stood then they had shaken off all Obedience and were as they were then called Trayterous Subjects And I had a special Charge from the King not to spare that Name Secondly They except against this that 't is there said that they came in a Rebellious manner to Invade this Kingdom And that is most true too for whereas they said they came in a peaceable manner to deliver their Petitions to the King for the Liberty of their Religion and Laws Is it a peaceable way to come two or three and twenty Thousand Men strong and Armed to deliver a Petition Let the whole World judge whether this were not a Rebellious Invasion Thirdly They say 't is desir'd in the Prayer that God would with shame cover the Faces
glad of it In the mean time I could not but know though not perhaps prove as then that Sir Robert Howard laboured and contrived this conveyance And thereupon in the next sitting of the High-Commission Ordered him to be close Prisoner till he brought the Lady forth So he continued close Prisoner about some two or three Months For this the Fine above mentioned was imposed upon me as being a most Unjust and Illegal Imprisonment Whereas the Parliament to the great Honour of their Justice be it spoken have kept me in Prison now full thirteen Months and upward and have not so much as brought up a particular Charge against me and how much longer they will keep me God knows Now say that all Forms of Law were not observed by me yet somewhat was to be indulged in regard I did it to vindicate such a crying Impiety But yet I do here solemnly protest I observed the Order of the Court in which I sat and that Court setled by an Act of Parliament 1. Eliz. And I did not knowingly err in any particular More I could say in these my sufferings but I will blast no Family of Honour for one Man's fault On Thursday Januar. 21. 1640. A Parliament-Man of Good Note in the House of Commons and well interessed in divers Lords gave me to understand that some Lords were very well pleased with my patient and moderate carriage since my Commitment And that four Earls of great power in the House should say that the Lords were not now so sharp against me as they were at first and that now they were resolved only to Sequester me from the King's Counsels and to put me from my Arch-Bishoprick I was glad to hear of any favour considering the Times but considering my Innocency I could not hold this for favour And I could not but observe to my self what Justice I was to expect since here was a Resolution taken among the Leading Men of the House what Censure should be laid upon me before any Charge so much as in general was brought up against me CAP. VI. UPon Friday Feb. 26. I had been full ten weeks in restraint at Mr. Maxwell's House And this day being St. Augustine's day my Charge in general Articles was brought up from the House of Commons to the Lords by Sir Hen. Vane the Younger It consisted of Fourteen Articles These Generals they craved time to prove in Particular and that I in the mean time might be kept safe Upon this I was presently sent for to the House and the Articles were Read to me at the Bar. When the Clark of the Parliament had done Reading I humbly craved leave of the Lords to speak a few words which were to this effect My Lords This is a great and a heavy Charge and I must be unworthy to live if it can be made good against me For it makes me against God in point of Religion Against the King in point of Allegiance And against the Publick in point of Safety under the Justice and Protection of Law And though the King be little if at all mentioned yet I am bold to Name him because I have ever been of Opinion that the King and his People are so joyned together in one Civil and Politick Body as that it is not possible for any Man to be true to the King as King that shall be found Treacherous to the State Established by Law and work to the Subversion of the People Though perhaps every one that is so is not able to see thorough all the Consequences by which one depends upon the other So my Charge my Lords is exceeding heavy in it self though I as yet do not altogether feel the weight of it For 't is yet as your Lordships see but in Generals And Generals make a great noise but no Proof Whereas 't is Proof upon Particulars that makes the weight of a Charge sit close upon any Man Now my Lords 't is an old and a true Rule Errare contingit descendendo Error doth most often happen and best appear when Men descend to Particulars And with them when I shall be Charged I hope my Innocence will furnish me with a sufficient Answer to any Error of mine that shall be thought Criminal or any way worthy the Cognizance of this High and Honourable Court. As for Humane Frailties as I cannot acquit my self of them so I presume your Lordships will be favourable Judges of them Since in the Transaction of so many businesses as passed my Hands Men far abler than ever I can be have been subject to them and perhaps to as many and as great But for Corruption in the least degree I humbly praise God for it I fear no Accuser that will speak Truth But my Lords that which goes nearest unto me among these Articles is that I should be thought foul and false in the profession of my Religion As if I should profess with the Church of England and have my Heart at Rome and labour by all cunning ways to bring Romish Superstition in upon the Kingdom This my Lords I confess troubles me exceedingly and if I should forget my self and fall into passion upon it I should but be in that case which St. Jerome confessed he was in when he knew not how to be patient when Falshood in Religion was charged upon him And yet that was nothing so high a Charge as this which is laid against me Which is not only to be basely false my self but withal to labour to spread the same Falshood over the whole Kingdom And here I humbly besought their Lordships that I might a little inlarge my self and I did so But because I purpose here to set down the general Articles that were brought up against me and that one of them comes home to this point of Religion I shall put it off till I come to that Article and there set it down at large what I now said And this I do to avoid an useless and a tedious Repetition Here then follow the Articles themselves as they were that day Charged upon me with my general Answer to each of them And more I cannot give till Particulars shall be put up against me CAP. VII ARticles of the Commons assembled in Parliament in maintenance of their Accusation against William Laud Archbishop of Canterbury whereby he stands Charged with High Treason and other High Crimes and Misdemeanours 1. That he hath Trayterously endeavoured to subvert the Fundamental Laws and Government of the Kingdom And instead thereof to introduce an Arbitrary and Tyrannical Government against Law And to that end hath wickedly and Trayterously advised His Majesty that he might at his own Will and Pleasure Levy and take Money of his Subjects without their consent in Parliament And this he affirmed was warrantable by the Law of God I did never endeavour to subvert the Fundamental Laws of this Kingdom of England nor to introduce an Arbitrary or
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
Answer was returned to the first That the People would not besatisfied nor believe he was Dead unless they saw him Dye publickly And to the second That time enough was given already and that if any farther delay were used the People would think Justice should not be done at all and resort thither again in Multitudes to the hazzard of Publick Peace The Earl made these two Suits and in the mean time one Offer was made to him It was this That if he would employ his Power and Credit with the King for the taking of Episcopacy out of the Church he should yet have his Life His Christian Answer was very Heroical Namely That he would not buy his Life at so dear a rate The Man that sent him this Message was his brother-in-Brother-in-Law Mr. Denzill Hollis one of the great Leading Men in the House of Commons And my Lord Primate of Armagh avowed this from the Earl of Strafford's own Mouth And as he was of too Generous a Spirit to lye basely so being in preparing of himself to leave the World it cannot be thought he would with a Dying-Mouth bely his Brother These Answers being returned the Earl prepared himself And upon Wednesday Morning about Ten of the Clock being May the Twelfth he was Beheaded on the Tower-Hill many Thousands beholding him The Speech which he made at his End was a great Testimony of his Religion and Piety and was then Printed And in their Judgment who were Men of Worth and some upon some near the Scaffold and saw him Dye he made a Patient and Pious and Couragious end insomuch that some doubted whether his Death had more of the Roman or the Christian in it it was so full of both And notwithstanding this hard Fate which fell upon him he is dead with more Honour than any of them will gain who hunted after his Life Thus ended the Wiseest the Stoutest and every way the Ablest Subject that this Nation hath bred these many Years The only Imperfections which he had that were known to me were his want of Bodily Health and a Carelesness or rather Roughness not to oblige any And his Mishaps in this last Action were that he groan'd under the Publick Envy of the Nobles served a Mild and a Gracious Prince who knew not how to be or be made great and trusted false perfidious and cowardly Men in the Northern Imployment though he had many Doubts put to him about it This Day was after called by divers Homicidium Comitis Straffordiae the Day of the Murder of Strafford Because when Malice it self could find no Law to put him to Death they made a Law of purpose for it God forgive all and be Merciful The Earl being thus laid low and his great Services done in Ireland made part of his Accusation I cannot but observe two things The one That upon Sunday Morning before Francis Earl of Bedford having about a Month before lost his second Son in whom he most Joyed Dyed the Small Pox striking up into his Brain This Lord was one of the Main Plotters of Strafford's Death And I know where he with other Lords before the Parliament Sat down resolved to have his Blood But God would not let him Live to take Joy therein but cut him off in the Morning whereas the Bill for the Earl of Strafford's Death was not Signed till Night The other is That at this time the Parliament tender'd two and but two Bills to the King to Sign This to cut off Strafford's Head was one and the other was that this Parliament should neither be Dissolved nor Adjourned but by the consent of both Houses in which what he cut off from himself Time will better shew than I can God Bless the King and his Royal Issue I told you before the People came in a Tumultuous Way to call for Justice And half an Eye may see how and by whom they were set on In the mean time let me tell you farther that this Art being once begun without Consideration of the Danger or Care of the Dishonour of such Proceedings whensoever there was any thing proposed in the House of Commons which it was thought the Lords would stick at or the King not grant by and by the Rabble came about the Houses and called for this and that Justice as they were prompted God Bless the Government of this Kingdom or all is lost I must tell you farther that from the time that the Earl of Strafford was first brought to his Answer in Westminster-Hall the bitter and fierce Libels of the factious People came daily out to keep up and increase the Peoples Hate against him And though they were full of most notorious Untruths yet coming from that Party were swallowed and believed by the most Among divers others they spread one in which they delivered to the World that the Earl of Strafford drawing near to his End when he saw no Remedy but he must Dye fell into great and passionate Expressions against me That I and my Counsels had been the Ruine of him and his House and that he cursed me bitterly Now as this is most false in it self so am I most able to make it appear so For his Lordship being to Suffer on the Wednesday Morning did upon Tuesday in the Afternoon desire the Lord Primate of Armagh then with him to come to me and desire me that I would not fail to be in my Chamber Window at the open Casement the next Morning when he was to pass by it as he went to Execution that though he might not speak with me yet he might see me and take his last leave of me I sent him word I would and did so And the next Morning as he passed by he turned towards me and took the Solemnest leave that I think was ever by any at distance taken one of another and this in the sight of the Earl of Newport then Lord Constable of the Tower the Lord Primate of Armagh the Earl of Cleveland the Lieutenant of the Tower and divers other Knights and Gentlemen of Worth Besides though during the time of both our Restraints and the nearness of our Lodgings we held no Intercourse each with other yet Sir William Balfore then Lieutenant of the Tower told me often what frequent and great expressions of Love the Earl made to me Which cannot stand with that base Slander which the lewd Libel vented But I leave that Honourable Person in his Grave and while I live shall Honour his Memory But must here a little go back For May the first after the King had declared his Conscience and his Judgment concerning the Earl of Strafford's Offences to both Houses as is before set down and was gone away a Letter was read in the Vpper House from the Scots in which their Army did earnestly desire to be gone It was moved to have a present Conference with the Commons about it and the Debate was very short many Lords being desirous
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
Gifts were great but that I perverted them all And that I was guilty of Treason in the highest Altitude These were the Liveries which he liberally gave me but I had no mind to wear them And yet I might not desire him to wear this Cloth himself considering where I then stood and in what Condition This Treason in the Altitude he said was in my Endeavour to alter the Religion established by Law and to subvert the Laws themselves And that to effect these I left no way unattempted For Religion he told the Lords That I laboured a Reconciliation with Rome That I maintained Popish and Arminian Opinions That I suffered Transubstantiation Justification by Merits Purgatory and what not to be openly Preached all over the Kingdom That I induced Superstitious Ceremonies as Consecrations of Churches and Chalices and Pictures of Christ in Glass-Windows That I gave liberty to the Prophanation of the Lords-day That I held Intelligence with Cardinals and Priests and endeavoured to ascend to Papal Dignity Offers being made me to be a Cardinal And for the Laws he was altogether as Wild in his Assertions as he was before for Religion And if he have no more true sense of Religion than he hath knowledge in the Law though it be his Profession I think he may offer both long enough to Sale before he find a Chapman for either And here he told the Lords That I held the same Method for this which I did for Religion And surely that was to uphold both had the Kingdom been so happy as to believe me But he affirmed with great Confidence That I caused Sermons to be Preached in Court to set the Kings Prerogative above the Law and Books to be Printed to the same effect That my Actions were according to these Then he fell upon the Canons and discharged them upon me Then that I might be guilty enough if his bare Word could make me so he Charged upon me the Benevolence the Loan the Ship-money the Illegal pulling down of Buildings Inclosures saying that as Antichrist sets himself above all that is called God so I laboured to set the King above all that is called Law And after a tedious stir he concluded his Speech with this That I was like Naaman the Syrian a great Person he confessed but a Leper So ended this Noble Celeustes I was much troubled to see my self in such an Honourable Assembly made so vile Yet seeing all Mens Eyes upon me I recollected my self and humbly desired of the Lords two things One that they would expect Proof before they give up their Belief to these loud but loose Assertions Especially since it is an easie thing for Men so resolved to Conviciate instead of Accusing when as the Rule given by Optatus holds firm Quum intenditur Crimen when a Crime is objected especially so high a Crime as this Charged on me 't is necessary that the Proof be manifest which yet against me is none at all The other that their Lordships would give me leave not to Answer this Gentleman's Particulars for that I shall defer till I hear his Proofs but to speak some few things concerning my self and this grievous Impeachment brought up against me Which being yielded unto me I then spake as follows My Lords my being in this Place and in this Condition recalls to my memory that which I long since read in Seneca Tormentum est etiamsi absolutus quis fuerit Causam dixisse 'T is not a grief only no 't is no less than a Torment for an ingenuous Man to plead Criminally much more Capitally at such a Bar as this yea though it should so fall out that he be absolved The great truth of this I find at present in my self And so much the more because I am a Christian And not that only but in Holy Orders And not so only but by Gods Grace and Goodness preferred to the greatest Place this Church affords and yet now brought Causam dicere to Plead and for no less than Life at this Great Bar. And whatsoever the World thinks of me and they have been taught to think more ill than I humbly thank Christ for it I was ever acquainted with Yet my Lords this I find Tormentum est 't is no less than Torment to me to appear in this Place to such an Accusation Nay my Lords give me leave I beseech you to speak plain Truth No Sentence that can justly pass upon me and other I will never fear from your Lordships can go so near me as Causam dixisse to have pleaded for my self upon this occasion and in this Place For as for the Sentence I thank God for it I am at St. Paul's Ward If I have committed any thing worthy of death I refuse not to die For I bless God I have so spent my time as that I am neither ashamed to live nor afraid to die Nor can the World be more weary of me than I am of it For seeing the Malignity which hath been raised against me by some Men I have carried my Life in my Hands these divers years past But yet my Lords if none of these things whereof these Men accuse me merit Death by Law though I may not in this Case and from this Bar appeal unto Caesar yet to your Lordships Justice and Integrity I both may and do Appeal not doubting but that God of his Goodness will preserve my Innocency And as Job in the midst of his Affliction said to his mistaken Friends so shall I to my Accusers God forbid I should justifie you till I Dye I will not remove my Integrity from me I will hold it fast and not let it go my Heart shall not reproach me as long as I live My Lords I see by the Articles and have now heard from this Gentleman that the Charge against me is divided into two main Heads the Laws of the Land and the Religion by those Laws established For the Laws first I think I may safely say I have been to my Understanding as strict an Observer of them all the Days of my Life so far as they concern me as any Man hath and since I came into Place I have followed them and been as much guided by them as any Man that sat where I had the Honour to sit And for this I am sorry I have lost the Witness of the Lord Keeper Coventry and of some other Persons of Honour since Dead And the Learned Councel at Law which attended frequently at the Council Table can Witness some of them that in References to that Board and in Debates arising at the Board I was usually for that part of the Cause where I found Law to be And if the Councel desired to have their Clyents Cause referred to the Law well I might move in some Cases for Charity or Conscience to have admittance but to the Law I left them if thither they would go And
'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-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
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
appears by a Sermon of mine appointed to be Preached at the opening of the Parliament in the Year 1625. My Words are these If you would have indeed a flourishing both State and Church The King must trust and indear his People and the People must Honour Obey and Support their King c. This I hope is far enough from derogating from any Law And if I should privately have spoken any thing to him contrary to this which I had both Preached and Printed how could his Majesty have trusted me in any thing CAP. XXIV THis brought this tedious Day to an End And I had an Order the same Day to appear again on Saturday March 16. 1643. with a Note also from the Committee which were to Charge me that they meant then to proceed upon part of the Second Additional Article and upon the Third Original and the Third and Fifth Additional Articles The Second Additional Article is written down before And here follow the rest now mentioned to be next proceeded upon 3. The third Original is He hath by Letters Messages Threats Promises and divers other ways to Judges and other Ministers of Justice Interrupted and Perverted and at other Times by the means aforesaid hath endeavoured to Interrput and Pervert the Course of Justice in his Majesty's Courts at Westminster and other Courts to the Subversion of the Laws of this Kingdom whereby sundry of his Majesty's Subjects have been stopped in their just Suits and deprived of their Lawful Rights and subjected to his Tyrannical Will to their utter Ruine and Destruction The Third and Fifth Additionals follow 3. That the said Arch-Bishop to advance the Canons of the Church and Power Ecclesiastical above the Law of the Land and to Pervert and hinder the Course of Justice hath at divers Times within the said Time by his Letters and other undue Means and Solicitations used to Judges opposed and 〈◊〉 the granting of his Majesty's Writs of Prohibition where the same ought to have been Granted for Stay of Proceedings in the Ecclesiastical Court whereby Justice hath been delayed and hindered and the Judges diverted from doing their Duties 5. That the said Arch-Bishop about Eight Years last past being then also a Privy-Counsellor to his Majesty for the End and Purpose aforesaid caused Sir John Corbet of Stoak in the County of Salop Baronet then a Justice of Peace of the said County to be Committed to the Prison of the Fleet where he continued Prisoner for the space of half a Year or more for no other Cause but for calling for the Petition of Right and causing it to be Read at the Sessions of the Peace for that County upon a just and necessary Occasion And during the Time of his said Imprisonment the said Arch-Bishop without any Colour of Right by a Writing under the Seal of his Arch-Bishoprick granted away Parcel of the Glebe-Land of the Church of Adderly in the said County whereof the said Sir Jo. Corbet was then Patron unto Robert Viscount Kilmurry without the consent of the said Sir John or the then Incumbent of the said Church which said Viscount Kilmurry Built a Chappel upon the said Parcel of Glebe-Land to the great prejudice of the said Sir John Corbet which hath caused great Suits and Dissentions between them And whereas the said Sir John Corbet had a Judgment against Sir James Stonehouse Knight in an Action of Waste in his Majesty's Court of Common Pleas at Westminster which was afterward affirmed in a Writ of Error in the King's Bench and Execution thereupon Awarded yet the said Sir John by means of the said Arch-Bishop could not have the Effect thereof but was committed to Prison by the said Arch-Bishop and others at the Council Table until he had submitted himself unto the Order of the said Table whereby he lost the benefit of the said Judgment and Execution The Third Day of my Hearing In the Interim between the 13th and this 16th of March upon some strict Charge to look to the Tower my Solicitor was not suffer'd to come in to me Whereupon so soon as I was setled at the Bar before the Evidence began to be open'd I spake to the Lords as follows My Lords I stand not here to complain of any thing or any Man but only am inforced to acquaint your Lordships with my sad Condition Your Lordships have appointed my Secretary to be my Solicitor and given him leave to assist me in the turning of my Papers and to warn in such Witnesses and to fetch me the Copies of such Records as I shall have occasion to use And I humbly desire your Lordships to consider that my self being Imprisoned and so utterly disinabled to do these things my self it will be absolutely impossible for me to make any Defence if my Solicitor be denyed to come to me as now he is This was granted and the Hearing adjourned till Munday following and I humbly thanked their Lordships for it CAP. XXV The Fourth Day of my Hearing THE fourth Day of my Hearing was Munday March 18. and was only my Answer to the third Day 's Charge and the only time in which I was not put to answer the same Day The first Charge of this Day was about St. Pauls And first out of my Diary where I confess it one of my Projects to repair that Ancient Fabrick And three strict Orders of the Lords of the Council for the demolishing of the Houses Built about that Church One was Novemb. 21. 1634. The demolishing of the Houses commanded by this before Jan. 6. for one and for the rest by Midsummer Another was Mar. 26. 1631. a Committee appointed with Power to compound with the Tenants and with Order to pull down if they would not Compound The third was Mar. 2. 1631. which gives Power to the Sheriffs to pull down if Obedience be not yielded To this I confess I did when I came first to be Bishop of London Project the Repair of that Ancient and famous Cathedral of St. Paul ready to sink into its own Ruins And to this I held my self bound in general as Bishop of the Place and in particular for the Body of the Church the Repair of which is by the Local Statutes laid upon the Bishop And the Bishop was well able to do it while he enjoyed those Lands which he had when that Burthen was laid upon him But what Sacrilegious Hands despoiled that Bishoprick of them 't is to no purpose to tell And truly my Lords since I am in this present Condition I humbly and heartily thank God that St. Pauls comes into my Sufferings and that God is pleased to think me worthy to suffer either for it or with it any way Though I confess I little thought to meet that here or as a Charge any where else And so God be pleased as I hope in Christ he will to Pardon my other Sins I hope I shall be able Humane Frailties always set aside
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
some known Bounds might be set to each Court that the Subject might not to his great Trouble and Expence be hurried as now he was from one Court to another And here I desired a Salvo till I might bring Arch-Bishop Parker's Book to shew his Judgment in this Point in the beginning of the Reformation if it shall be thought needful According to whose Judgment and he proves it at large there is open Wrong done to the Ecclesiastical Jurisdiction by Prohibitions The next Charge is about my undue taking of Gifts A Charge which I confess I did not think to meet here And I must and do humbly desire your Lordships to remember that till this Day I have not been Accused in the least for doing any thing Corruptly And if I would have had any thing to do in the base dirty Business of Bribery I needed not have been in such Want as now I am But my Innocency is far more to my Comfort than any Wealth so gotten could have been For I cannot forget that of Job That Fire shall consume the Tabernacles of Bribery And in the Roman Story when P. Rutilius a Man Summâ Innocentiâ of greatest Integrity was Accused Condemned and Banished 't is observed by the Story that he suffered all this not for Bribery of which he was not Guilty but Ob Invidiam for Envy against which when it Rages no Innocency no Worth of any Man is able to stand 1. But to come to the Particulars the first is the Case of Sir Edward Gresham's Son unhappily Married against his Father's will a Suit in the High Commission about it and that there he had but Fifty Pounds Damages given him That was no fault of mine my Vote gave him more but it was carried against me The Bond of two Hundred Pounds which was taken according to Course in the Court was demanded of me by Sir Edward to help himself that way and 't is confessed I granted it But then 't is Charged that in my Reference to Sir John Lambe to deliver him the Bond I required him to demand one half of the Forfeiture of the Bond toward the Repair of St. Pauls 'T is true I did so But First I desire it may be considered that it was wholly in my Power whether I would have delivered him the Bond or not Secondly That upon this gross Abuse I might have sued the Bond in my own Name and bestowed the Money upon what Charitable Uses I had thought fit Thirdly That I did nothing herein but what the Letters-Patent for Repair of St. Pauls give me power to do Fourthly That this is the third time St. Pauls is urged against me Which I am not sorry for because I desire since 't is once moved it may be sifted 〈◊〉 the uttermost And whereas to make all Ecclesiastical Proceedings the more odious it was urged that the Rubrick in the Common-Prayer Book mentions no License but asking of Banes That Rubrick is to be understood where no License is granted For else no License at all for Marriage without Banes-asking can be good which is against the Common both Law and Practice of the Kingdom 2. The second Particular was Charged by one Mr. Stone of London who said he sent into Lambeth two Butts of Sack in a Cause of some Chester-Men whom it was then in my Power to relieve and mitigate their Fine set upon them in the High Commission at York about Mr. Pryn's Entertainment as he passed that way And that this Sack was sent in before my Composition with him what should be mitigated and so before my return of the Fine mitigated into the Exchequer The Business my Lords was thus His Majesty having taken the Repair of the West End of St. Pauls to himself granted me to that end all the Fines in the High-Commission Court both here and at York and left the Power of Mitigation in me The Chester-Men which this Witness speaks of were deeply Sentenced at York for some Misdemeanours about Mr. Pryn then lately Sentenced in the Star-Chamber One or more of them were Debtors to this Mr. Stone to the value of near Three Thousand Pounds as he said These Men for fear of the Sentence kept themselves close and gave Mr. Stone to know how it was with them and that if he could not get me to moderate the Fine they would away and save themselves for they had now heard the Power was in me Upon this Mr. Stone to save his own Debt of three Thousand Pounds sends his Son-in-Law Mr. Wheat and Dr. Bailie Men that were bred in the College of S. John under me and had ever since good interest in me to desire my Favour I at first thought this a pretence and was willing to preserve to St. Pauls as much as fairly I might But at last upon their earnest pleading that the Men were not Rich and that Mr. Stone was like without any fault of his to be so much damnified I mitigated their Fines which were in all above a Thousand Pounds to two Hundred I had great Thanks of all Hands and was told from the Chester-Men that they heartily wished I had had the Hearing of their Cause from the beginning While Mr. Wheat and his Brother Dr. Bailie were Soliciting me for Favour to Mr. Stone He thinks upon sending Sack into my House and comes to my Steward about it My Steward acquaints me with it I gave him absolute Command not to receive it nor any thing from any Man that had Business before me So he refuses to admit of any Mr. Stone presses him again and tells him he had no Relation to the Chester-Men's Cause but would give it for the great Favour I had always shew'd to his Son-in-Law But still I Commanded my Steward to receive none When Mr Stone saw he could not fasten it he watches a time when my Steward was out of Town and my self at Court and brings in his Sack and tells the Yeoman of my Wine-Cellar he had leave to lay it in My Steward comes home finds the Sack in the Cellar tells me of it I Commanded it should be taken out and carried back Then Mr. Stone comes intreats he may not be so Disgraced protests as before that he did it meerly for my great Favour to his Son-in-Law and that he had no Relation to the Chester-Men's Business And so after he protested to my self meeting me in a Morning as I was going over to the Star-Chamber Yet afterwards this Religious Professour for so he carries himself goes Home and puts the Price of the Sack upon the Chester-Men's Account Hereupon they complain to the House of Commons and Stone is their Witness This is the truth of this Business as I shall answer it to God And whether this do not look like a thing Plotted by the Faction so much imbittered against me let understanding Men judge Mr. Wheat his Son-in-Law was present in Court and there avowed that he Transacted the Business
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
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
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
think my Lord Arch-Bishop hath done no Good Work in all his Life but these Men will object it as a Crime against him before they have done With this Charge about the Statutes it was let fall and I well know why It was to heat a Noble Person then present That I procured my self to be chosen Chancellour of that Vniversity If I had so done it might have been a great Ambition in me but surely no Treason But my Lords I have Proof great store might I be enabled to fetch it from Oxford that I was so far from endeavouring to procure this Honour to my self as that I laboured by my Letters for another And 't is well known that when they had chosen me I went instantly to his Majesty so soon as ever I heard it and humbly besought him that I might refuse it as well foreseeing the Envy that would follow me for it and it did plentifully every way But this for some Reasons his Majesty would not suffer me to do Then were objected against me divers Particulars contained in those Statutes As First the making of new Oaths The Charters of the Vniversity are not new and they gave Power to make Statutes for themselves and they have ever been upon Oath The next Illegality is That Men are tied to obey the Proctors in Singing the Litany This is Ancient and in use long before ever I came to the Vniversity and it is according to the Liturgy of the Church of England established by Law Thirdly The Statute of Bannition from the Vniversity But there is nothing more ancient in the Vniversity Statutes than this Fourthly That nothing should be propased in Convocation but what was consented unto among the Heads of Colleges first which was said to be against the Liberty of the Students The young Masters of Arts void of Experience were grown so tumultuous that no Peace could be kept in the Vniversity till my worthy Predecessor the Right Honourable William Earl of Pembroke setled this Order among them As he did also upon the same Grounds settle the present way of the choice of their Proctors In both which I did but follow and confirm for so much as lay in me the Good and Peaceable Grounds which he had laid in those two Businesses And Mr. Brown who in the summing up of my Charge urged this against me mainly mistook in two things The one was that he said this Inhibition of Proposals was in Congregations Whereas it was only in Convocations where more weighty Businesses are handled The other was that this stay of Proposals was made till I might be first acquainted with them No it was but till the Heads of Colleges had met and considered of them for avoiding of tumultuary Proceedings And when my Honourable Predecessor made that Order it was highly commended every where and is it now degenerated into a Crime because it is made up into a Statute Fifthly That some things are referred to Arbitrary Penalties And that some things are so referred is usual in that Vniversity and many Colleges have a particular Statute for it Nor is this any more Power than Ordinary School-Masters have which have not a Statute-Law for every Punishment they use in Schools And in divers things the old known Statute is that the Vice-Chancellour shall proceed Grosso Modo that is without the regular Forms of Law for the more speedy ending of Differences among the Scholars Sixthly That the Statute made by me against Conventicles is very strict But for these that Statute is express De Illicitis Conventiculis and I hope such as are unlawful may be both forbid and punished Besides it is according to the Charter of Richard the Second to that Vniversity The Seventh was the Power of Discommoning But this also hath ever been in Power and in Usage in that Vniversity as is commonly known to all Oxford-Men And no longer since than King James his time Bishop King then Vice-Chancellor Discommuned Three or Four Towns-Men together Next That Students were bound to go to Prison upon the Vice-Chancellors or Proctors Command This also was Ancient and long before my coming to the Vniversity And your Lordships may be sure the Delegacy appointed by themselves would not have admitted it had it not been Ancient and Usual Lastly about the stay of granting Graces unless there were Testimony from the Bishop of the Diocess This was for no Graces but of such as Live not Resident in the Vniversity and so they could not judge of their Manners and Conversation And for their Conformity to the Church of England none as I conceive can be a fitter Witness than the Bishop of the Diocess in which they resided And my Lords for all these thus drawn up by some of their own Body I obtained of his Majesty his Broad Seal for Confirmation And therefore no one thing in them is by any Assumption of Papal Power as 't is urged but by the King's Power only Then followed the Seventh Charge about the Statutes of some Cathedral Churches First my Lords for this I did it by Letters-Patents from the King bearing Date Mar. 31. Decimo Caroli and is extant upon Record And all that was done was Per Juris Remedia and so nothing intended against Law nor done that I know They had extream need of Statutes for all lay loose for want of confirmation and Men did what they listed And I could not but observe it for I was Dean of Gloucester where I found it so In seeking to remedy this I had nothing but my Labour for my Pains and now this Accusation to Boot The Particulars urged are That I had Ordered that nothing should be done in these Statutes Me inconsulto And I had great Reason for it For since I was principally trusted in that work by his Majesty the King if any Complaint were made would expect the account from me And how could I give it if other Men might do all and I not be so much as consulted before they passed 2. That I made a Statute against letting Leases into three Lives But first my Lords the Statute which makes it lawful to let Leases for One and Twenty Years or three Lives hath this limitation in it that they shall not let for any more Years than are limited by the said Colleges or Churches Now in Winchester Church and some other the old local Statute is most plain that they shall let no Lease into Lives Let the Dean and Prebendaries Answer their own Acts and their Consciences as they can And in those Statutes which I did not find pregnant to that purpose I did not make the Statute absolute but left them free to renew all such Leases as were Anciently in Lives before And this give me leave to say to your Lordships without offence If but a few more Leases be granted into Lives no Bishop nor Cathedral Church shall be able to subsist And this is
the Sacrament in my Chappel The Witnesses two The first was Dr. Haywood who had been my Chaplain in the House They had got from others the Ceremonies there used and then brought him upon Oath He confessed he Administred in a Cope And the Canon warranted it He confesses as it was urged that he fetched the Elements from the Credential a little Side-Table as they called it and set them Reverently upon the Communion Table Where 's the offence For first the Communion Table was little and there was hardly room for the Elements to stand conveniently there while the Service was in Administration And Secondly I did not this without Example for both Bishop Andrews and some other Bishops used it so all their time and no exception taken The Second Witness was Rob. Cornwall one of my Menial Servants A very forward Witness he shewed himself But said no more than is said and answered before Both of them confessing that I was sometimes present The Third Charge was about the Ceremonies at the Coronation of his Majesty And first out of my Diary Feb 2 1625. 'T is urged that I carried back the Regalia offer'd them on the Altar and then laid them up in their place of safety I bare the place at the Coronation of the Dean of Westminster and I was to look to all those things and their safe return into Custody by the place I then Executed And the offering of them could be no offence For the King himself offers upon solemn days And the Right Honourable the Knights of the Garter offer at their Solemnity And the Offertory is Established by Law in the Common Prayer Book of this Church And the Prebendaries assured me it was the Custom for the Dean so to do Secondly they charged a Marginal Note in the Book upon me That the Vnction was in formâ Crucis That Note doth not say that it ought so to be done but it only relates the Practice what was done And if any fault were in Anointing the King in that form it was my Predecessors fault not mine for he so Anointed him They say there was a Crucifix among the Regalia and that it stood upon the Altar at the Coronation and that I did not except against it My Predecessor Executed at that time And I believe would have excepted against the Crucifix had it stood there But I remember not any there Yet if there were if my Predecessor approved the standing of it or were content to connive at it it would have been made but a Scorn had I quarrell'd it They say one of the Prayers was taken out of the Pontifical And I say if it were it was not taken thence by me And the Prayers are the same that were used at King James his Coronation And so the Prayer be good and here 's no word in it that is excepted against 't is no matter whence 't is taken Then leaving the Ceremonies he charged me with two 〈◊〉 〈◊〉 the Body of the King's Oath One added namely these Words 〈◊〉 to the King's Prerogative The other omitted namely these words Quae Populus Elegerit which the People have chosen or shall choose For this latter the Clause omitted that suddenly vanished For it was omitted in the Oath of King James as is confessed by themselves in the Printed Votes of this present Parliament But the other highly insisted on as taking off the total assurance which the Subjects have by the Oath of their Prince for the performance of his Laws First I humbly conceive this Clause takes off none of the Peoples Assurance none at all For the King 's Just and Legal Prerogative and the Subjects Assurance for Liberty and Property may stand well together and have so stood for Hundreds of Years Secondly that Alteration what ever it be was not made by me nor is there any Interlining or Alteration so much as of a Letter found in that Book Thirdly if any thing be amiss therein my Predecessor gave that Oath to the King and not I. I was meerly Ministerial both in the Preparation and at the Coronation it self supplying the place of the Dean of Westminster After this days work was ended it instantly spread all over the City that I had altered the King's Oath at his Coronation and from thence into all parts of the Kingdom as if all must be true which was said at the Bar against me what Answer so-ever I made The People and some of the Synod now crying out that this one thing was enough to take away my Life And though this was all that was Charged this day concerning this Oath yet seeing how this fire took I thought fit the next day that I came to the Bar to desire that the Books of the Coronation of former Kings especially those of Queen Elizabeth and King James might be seen and compared and the Copies brought into the Court both from the Exchequer and such as were in my Study at Lambeth And a fuller Inquisition made into the Business In regard I was as Innocent from this Crime as when my Mother bare me into the World A Salvo was entred for me upon this And every day that I after came to the Bar I called upon this Business But somewhat or other was still pretended by them which managed the Evidence that I could not get the Books to be brought forth nor any thing to be done till almost the last day of my Hearing Then no Books could be found in the Exchequer nor in my Study but only that of King James whereas when the Keys were taken from me there were divers Books there as is confessed in the Printed Votes of this Parliament And one of them with a Watchet Sattin Cover now missing And whether this of King James had not my Secretary who knew the Book seen it drop out of Mr. Pryn's Bag would not have been concealed too I cannot tell At last the Book of King James his Coronation and the other urged against me concerning King Charles were seen and compared openly in the Lords House and found to be the same Oath in both and no Interlining or Alteration in the Book charged against me This Business was left by the Serjeant to Mr. Maynard who made the most that could be out of my Diary against me And so did Mr. Brown when he came to give the Summ of the Charge against me both before the Lords and after in the House of Commons And therefore for the avoiding of all tedious Repetition And for that the Arguments which both used are the same And because I hold it not fit to break a Charge of this moment into divers pieces or put them in different places I will 〈◊〉 set down the whole Business together and the Answer which I then gave Mr. Brown in the Summ of the Charge against me in the Commons-House when he came to this Article said he was now come to the Business so much
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
for that 2. Yet the Second Witness Mr. Tomlyns says also that I did justifie this Picture God forgive him the Malice or Ignorance of this Oath be it which it will He might have been as wary as Mr. Caril and added as he remembers For so many Years since as this Hearing was he may easily mistake But if I did say any such thing why are not my own Papers here produced against me I had that written which I then spake and the Paper was in my Study with the rest and came for ought I know into their Hands which follow the Charge against me I ask again why is not this Paper produced Out of all doubt it would had there appeared any such thing in it He says also that I said then that if the Idol of Jupiter were set up yet it were not lawful to pull it down in a Popular Tumult but by Order and Authority I did say so or to that effect indeed and must say it still For I find in St. Augustin almost the very words And Bishop Davenant a Man very Learned 〈◊〉 this place of St. Augustin and approves it And they both prove this Doctrine from Deut. 12. Where the Command given for destroying of the Idols when they came into the Land of Canaan was not left at large to the People but setled in Moses the chief Magistrate and his Power And according to this Rule the Temple of AEsculapius though then grown very Scandalous was not pulled down but by 〈◊〉 Command Which place I then shewed the Lords But this Witness added that Mr Sherfeild had Authority to do this from the Vestry If he had that 's as good as none for by the Laws of England there is yet no power given them for that or any thing else And all that Vestries do is by usurpation or consent of the Parish but reaches not this The Bishop of the Diocess had been fitter to be consulted herein than the Vestry Here as if these Witnesses had not said enough Mr Nicolas offered himself to be a Witness And told the Lords he was present at the Hearing of this Cause and that four Witnesses came in clear that the Picture broken down was the Picture of God the Father and that yet the Sentence of the Court passed against Mr Sherfeild First if this be so it concludes against the Sentence given in the Star-Chamber not against me and he calls it here the Sentence of the Court. Secondly be it that it were undoubtedly the Picture of God the Father yet he ought to have taken Authority along with him and not to go about it with violence which he did and fell and brake his Leg in the Business Thirdly by his own description of the Picture it seems to me to be some old Fabulous Picture out of a Legend and not one of God the Father For he then told the Lords it was a Picture of an Old Man with a Budget by his side out of which he was plucking Adam and Eve And I believe no Man ever saw God the Father so Pictured any where Lastly let me observe how Mr Nicolas takes all parts upon him wherein he may hope to do me mischief The Sixth Charge was concerning a Bible that was Printed with Pictures and sold. The Witness Mr Walsal a Stationer Who says That this Bible was Licensed by Dr Weeks my Lord of London's Chaplain not mine so thus far it concerns not me Yes says Mr. Brown in his last Reply For it appears in a List of my Chaplains under my own Hand that Dr Weeks was one 'T is true when I was Bishop of Bath and Wells he was mine but my Lord of London had him from me so soon as ever he was Bishop And was his not mine when he Licensed that Book And Mr. Brown knew that I answer'd it thus to the Lords He says that I gave him direction that they should not be sold openly upon the Stalls but only to discreet Men that knew how to use them The Case was this As I was at Prayers in the King's Chappel I there saw one of them in Mrs. Kirk's Hand She was far enough from any affection to Rome And this being the first knowledge I had of it many were vented and sold before I could prevent it Upon this I sent for one whether to this Witness or another I cannot say and acquainted the Lords of the Council with it and craved their direction what should be done It was there Ordered that I should forbid the open Sale of them upon their Stalls but not otherwise to Learned and Discreet Men. And when I would have had this Order stricter no Man stuck to me but Mr Secretary Cook So according to this Order I gave direction to Mr Walsal as he witnesses Here Mr. Maynard replyed that I ought to have withstood this Order in regard it was every way faulty For said he either these Pictures were good or bad And if they were good why should they not be Sold openly upon the Stalls to all that would buy And if they were bad why should they be Sold privately to any To this Reply I was not suffer'd to Answer But when I heard Mr. Brown charge this Bible with Pictures against me then I answer'd the thing as before and took occasion thereby to answer this Dilemma thus Namely that this kind of Argument concludes not but in things Necessary and where no Medium can be given For where a Medium can be given the Horns of this Argument are too weak to hurt And so 't is here For Pictures in themselves are things indifferent not simply good nor simply bad but as they are used And therefore they were not to be sold to all comers because they may be abused and become evil and yet might be sold to Learned and Discreet Men who might turn them to good And that Images are things indifferent of themselves is granted in the Homilies which are against the very Peril of Idolatry He said there was some inconvenient Pictures among them as the Assumption and the Dove Be it so the Book was not Licensed by me or mine And yet as I then shewed the Lords they were not so strict at Amsterdam against these Pictures For the Book which Mr. Walsal shewed me was Printed and sent thence before it was Printed here Besides our old English Bibles in the beginning of the Queen were full of Pictures and no fault found As for that which is added at the Bar that one of these Bibles was found in Secretary Windebank's Trunk and another in Sir John Lambs That 's nothing to me The last Charge of this day was that something about Images was Expunged out of Dr Featly's Sermons by my Chaplain Dr Bray before they could be suffer'd to be Printed But first he himself confesses that I told him he might Print them so nothing were in them contrary to the Doctrine and Discipline of the Church of England
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
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
Articles Which follow in haec Verba The Eighth Article 8. That for the better advancing of his Trayterous Purpose and Design 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 other his Majesty's Subjects whereby he did procure to himself the Nomination of sundry Persons to Ecclesiastical Dignities Promotions and Benefices belonging to his Majesty and divers of the Nobility Clergy and others and hath taken upon him the commendation of Chaplains to the King by which means he hath preferred to his Majesty's Service and to other great Promotions in the Church such as have been Popishly affected or otherwise Vnsound and Corrupt both in Doctrine and Manners The Ninth Article 9. He hath for the same Trayterous and Wicked intent chosen and imployed such Men to be his Chaplains whom he knew to be Notoriously disaffected to the Reformed Religion grosty addicted to Popish Superstition and Erroneous and Vnsound both in Judgment and Practice and to them or some of them he hath committed the Licensing of Books to be Printed by which means divers False and Superstitious Books have been Published to the great Scandal of Religion and to the 〈◊〉 of many of his Majesty's Subjects The Fourteenth Day of my Hearing At the ending of the former days Charge I was put off to this day which held The First Charge was concerning Mr. Damport's leaving his Benefice in London and going into Holland 1. The First Witness for this was Quaterman a bitter Enemy of mine God forgive him He speaks as if he had fled from his Ministry here for fear of me But the Second Witness Mr. Dukeswell says that he went away upon a Warrant that came to Summon him into the High Commission The Truth is my Lords and 't is well known and to some of his best Friends that I preserved him once before and my Lord Veer came and gave me Thanks for it If after this he fell into danger again Majus Peccatum habet I cannot preserve Men that will continue in dangerous courses He says farther and in this the other Witness agrees with him That when I heard he was gone into New-England I should say my Arm should reach him there The Words I remember not But for the thing I cannot think it fit that any Plantation should secure any Offender against the Church of England And therefore if I did say my Arm should reach him or them so offending I know no Crime in it so long as my Arm reached no Man but by the Law 2. The Second Witness Mr. Dukeswell adds nothing to this but that he says Sir Maurice Abbot kept him in before For which Testimony I thank him For by this it appears that Mr. Damport was a dangerous Factious Man and so accounted in my Predecessor's Time and it seems Prosecuted then too that his Brother Sir Maurice Abbot was fain being then a Parishioner of his to labour hard to keep him in The Second Charge was concerning Nathaniel Wickens a Servant of Mr. Pryns 1. The First Witness in this Cause was William Wickens Father to Nathaniel He says his Son was Nine Weeks in divers Prisons and for no Cause but for that he was Mr. Pryn's Servant But it appears apud Acta that there were many Articles of great Misdemeanour against him And afterwards himself adds That he knew no Cause but his refusing to take the Oath Ex Officio Why but if he knew that then he knew another Cause beside his being Mr. Pryn's Servant Unless he will say all Mr. Pryn's Servants refuse that Oath and all that refuse that Oath are Mr. Pryn's Servants As for the Sentence which was laid upon him and the Imprisonment that was the Act of the High-Commission not mine Then he says That my Hand was first in the Warrant for his Commitment And so it was to be of course 2. The Second Witness was Sarah Wayman She says that he refused to take the Oath Therefore he was not committed for being Mr. Pryn's Servant She says that for refusing the Oath he was threatned he should be taken pro Confesso And that when one of the Doctors replyed that could not be done by the Order of the Court I should say I would have an Order by the next Court Day 'T is manifest in the Course of that Court that any Man may be taken pro Confesso that will not take the Oath and answer Yet seeing how that party of Men prevailed and that one Doctors doubting might breed more Difference to the great Scandal and Weakning of that Court I publickly acquainted his Majesty and the Lords with it Who were all of Opinion that if such Refusers might not be taken pro Confesso the whole Power of the Court was shaken And hereupon his Majesty sent his Letter under his Signet to command us to uphold the Power of the Court and to proceed She says farther that he desired the sight of his Articles which was denyed him It was the constant and known Course of that Court that he might not see the Articles till he had taken the Oath which he refused to do 3. The Third Witness was one Flower He agrees about the business of taking him pro Confesso But that 's answerd He adds that there was nothing laid to his Charge and yet confesses that Wickens desired to see the Articles that were against him This is a pretty Oath There were Articles against him which he desired to see and yet there was nothing laid to his Charge 4. Then was produced his Majesty's Letter sent unto us And herein the King requires us by his Supream Power Ecclesiastical to proceed c. We had been in a fine case had we disobeyed this Command Besides my Lords I pray mark it we are enjoyned to proceed by the King 's Supream Power Ecclesiastical and yet it is here urged against me that this was done to bring in Popery An Excellent new way of bringing in Popery by the King's Supremacy Yea but they say I should not have procured this Letter Why I hope I may by all Lawful ways preserve the Honour and just Power of the Court in which I sat And 't is expressed in the Letter that no 〈◊〉 was done than was agreeable to the Laws and Customs of the Realm And 't is known that both an Oath and a taking pro Confesso in point of refusal are used both in the Star-Chamber and in the Chancery 5. The last Witness was Mr. Pryn who says That his Man was not suffered to come to him during his Soarness when his ears were Cropped This Favour should have been asked of the Court of Star-Chamber not of me And yet here is no Proof that I denyed him this but the bare Report of him whom he says he employed Nor do I remember any Man's coming to me about it The Third Charge followed it was concerning stopping of Book
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
Lecturers and that they had their Lectures Read by a Company of Learned and Orthodox Ministers by turns As appeared by the Munday Sermon at Burye during that Learned Bishop's time Nor were any forbid to Preach in the Afternoon so the Catechising were not omitted before it or with it And the Bishop is Living to Answer it if ought were then done amiss by him In all which he did nothing as any Deputy or Surrogate of mine but as Diocesan of the Place As for the Yearly Account to the King according to his Royal Instructions in that behalf though it were pressed here again to multiply noise yet nothing being new I gave my Answer as before and to that I refer my self 3. The Third Answer was concerning Mr. Lee of Wolverhampton The Evidence was a Letter of my Secretary Mr. Dell written by my Command to my Visitors there to this Effect That whether there were Cause or no they should either punish Mr. Lee or bring him into the High-Commission Had the Words or the Sense been thus they might well say It was hard for the Judge before whom the Party was to Answer to write thus But I called to have the Letter read again and the Words were these If there were found against him that which might justly be Censured then they should punish c. And the Reason why this strict care was taken was because the Dean of Windsor his Ordinary complained unto me that Mr. Lee's Carriage was so Factious there that he could contain him in no Order If he were a Man after this approved at Shrewsbury as Mr Walker witnesses I hope the Proceedings at Wolverhampton did him good But my Lords had it so fallen out that my Secretary had forgotten my Instructions and himself too and expressed himself amiss shall that slip of his had it been such be imputed to me I believe your Lordships would not willingly answer for every Phrase of your Secretaries Letters which yet you command them to write 4. The last Instance was the Sentence in the High-Commission against Mr Barnard for Words about Pelagian Errors and Popery First if he were Sentenced in the High-Commission it was the Act of the Court and not mine as has been often said Secondly no Proof is offer'd that he was Sentenced for those Words only Thirdly the Recantation howsoever refused by him as Mr. Pryn says it was makes mention of four Points for which he was Censured of which these words are one But not the words themselves but his Unjust and Scandalous Application of them to me which deserved them not And lastly Dr Cumber Master of Trinity College in Cambridge was Prosecutor against him which Office so Grave and Worthy a Man would not I suppose have undertaken had there not been great and just Cause for it Hence they proceeded to the Sixth Additional Article which follows in these Words That whereas divers Gifts and Dispositions of divers Summs of Money were heretofore made by divers Charitable and well disposed Persons for the buying in of divers Impropriations for the Maintenance of Preaching the Word of God in several Churches the said Arch-Bishop about Eight Years last past wilfully and maliciously caused the said Gifts Feoffments and Conveyances made to the uses aforesaid to be overthrown in his Majesty's Court of Exchequer contrary to Law as things dangerous to the Church and State under the specious pretence of buying in Appropriations whereby that Pious Work was suppressed and trodden down to the great Dishonour of God and Scandal of Religion This Article is only about the Feoffments That which I did was this I was as then advised upon such Information as was given me clearly of Opinion that this was a cunning way under a Glorious pretence to overthrow the Church-Government by getting into their power more dependency of the Clergy than the King and all the Peers and all the Bishops in all the Kingdom had And I did conceive the Plot the more dangerous for the fairness of the pretence and that to the State as well as the Church Hereupon not maliciously as 't is charged in the Article but Conscientiously I resolved to suppress it if by Law it might be done Upon this I acquainted his Majesty with the thing and the danger which I conceived would in few Years spring out of it The King referred me to his Attorney and the Law Mr. Attorney Noye after some pause upon it proceeded in the Exchequer and there it was by Judicial Proceeding and Sentence overthrown If this Sentence were according to Law and Justice then there 's no fault at all committed If it were against Law the fault what e're it be was the Judges not mine for I solicited none of them And here I humbly desired that the Lords would at their leisure read over the Sentence given in the Exchequer which I then delivered in but by Reason of the length it was not then read Whether after it were I cannot tell I desired likewise that my Councel might be heard in this and all other points of Law 1. The First Witness was Mr. Kendall He says that speaking with me about Presteen I thanked God that I had overthrown this Feoffment 2. The Second Witness Mr. Miller says he heard me say They would have undone the Church but I have overthrown their Feoffment These two Witnesses prove no more than I confess For in the manner aforesaid I deny not but I did my best in a Legal way to overthrow it And if I did Thank God for it it was my Duty to do so the thing being in my Judgment so pernicious as it was 3. The Third Witness was Mr. White one of the Feoffees He says that coming as Councel in a Cause before me when that Business was done I fell bitterly on him as an underminer of the Church I remember well his coming to me as Councel about a Benefice And 't is very likely I spake my Conscience to him as freely as he did his to me but the Particulars I remember not nor do I remember his coming afterwards to me to Fulham nor his offer to change the Men or the Course so the thing might stand For to this I should have been as willing as he was and if I remember right there was order taken for this in the Decree of the Exchequer And his Majesty's Pleasure declared that no Penny so given should be turned to other use And I have been and shall ever be as ready to get in Impropriations by any Good and Legal way as any Man as may appear by my Labours about the Impropriations in Ireland But this way did not stand either with my Judgment or Conscience 1. First because little or nothing was given by them to the present Incumbent to whom the Tythes were due if to any that the Parishioners which payed them might have the more cheerful Instruction the better Hospitality and more full Relief for their Poor 2. Secondly because most of the Men they
at Oxford knowing him to be such But when upon Examination of S. Giles they found him to be a French Man and so not within the Statute As the words of that Statute are most plain and so is Sir Edw. Coke's Judgment upon them both which I then read to the Lords I say when they saw this then they cast about how to make S. Clara and Mr. S. Giles to be one Man And though they could find no shadow of Proof of a thing that is not but a Letter of News from Venice yet against their own Knowledge and Conscience they give that in Evidence to reach my Life any way Here Mr Nicolas so soon as he discovered whither I tended would have broken me off saying they did not urge it for that now they were not yet come to it I Replyed if they came to it after I would be at the pains to Answer again But since it concerned my Life I would not slip it now nor leave it unanswer'd in any Circumstance So I went on but they never mentioned it after and by this way meant certainly to have involved me within the Law Clara being an English Man Born God of his Mercy grant that this Thirst after my Blood lye not too heavy another day upon their Souls Mr. Brown in Summing up the Charge fell upon this also I made a brief Answer out of that which is aforesaid Yet after in his Reply he fell upon this Letter of Mr. Middleton's and cites his News for Evidence that S. Clara and Mr. S. Giles were the same Man Which I much wonder so Able and Grave a Man as he is should swallow from Mr. Pryn who doubtless being present was angry to see himself so laid open in the House of Commons At last came in the last Charge of this Day That a Cardinal's Hat was offer'd unto me My Diary quoted for this at Aug. 4. 21. 1633. I could hinder no Offer unless I could Prophesie what each Man came about and so shun them But why is not my Answer there set down expressed too My Answer was That somewhat divelt in me which would not suffer me to accept that till Rome were other than now it is Besides I went presently to his Majesty and acquainted him with it Which is all that the Law requires at my Hands And his Majesty very Prudently and Religiously yet in a calm way the Persons offering it having Relation to some Embassador freed me speedily of that both Trouble and Danger They urged further out of the Papers of Andreas ab Habernfield which Mr. Pryn took from me in his search That Signior Con had power to offer me a Cardinal's Hat The words which they cite are for I could never get sight of those Papers since Mandatum habuit offerre sed non obtulit What Power he had to make me such an Offer I know not but themselves confess he did not offer it Nor had I ever any Speech with him during all the time he stayed here I was solicited as much by Honourable Friends to give him Admittance to me at Lambeth with Assurance he should speak nothing about Religion as ever I had about any thing in my Life I still refused and could not perswade my self to do other and yet could not but inwardly In Verbo Sacerdotis this is true condemn my self of gross Incivility for refusing For which yet now I see I am much bound to God for that Unmannerliness Had I held a Correspondence with him though never so Innocent where had I now been Besides I would not have it forgotten that if to offer a Cardinal's Hat or any like thing shall be a sufficient Cause to make a Man guilty of Treason it shall be in the power of any Romanist to make any English Bishop a Traytor when he pleases A Mischief not to be indured And thus this long and tedious Day ended and I had order to Attend again on July 24. which I did accordingly CAP. XLI The Nineteenth Day of my Hearing THis day they went on with the same Article And the 〈◊〉 Charge was My denying the Pope to be Antichrist The Proofs The Alteration of the Clause in the Letters Patents for the Palatinat and the Letters between Bishop Hall and me These Proofs are Answer'd before and repeated here only to make a Noise Nor did I in any of these deny the Pope to be Antichrist For to forbear that word for some both Temporal and 〈◊〉 Respects is one thing and to deny the thing it self is another The Second consists of a great many Particulars and most of them urged before repeated only to help to make the Ignorant clamorous and wild against me God forgive them this Practice 1. The First Particular was Shelford's Book The whole Book And Mr. Pryn very gravely said that this Book and the other two following were found in my Study Is he not yet ashamed of this Argument May I have no Book in my Study but I must be of the same Judgment with the Author in all things The Author is altogether unknown to me The Book was Licensed at Cambridge So nothing faulty in me but the having of the Book in my Study 2. The Second was Dr. Heylin's Book against Mr. Burton This Book was Printed by my Command they say And in it is a Passage for Absolute Obedience to Kings p. 229. This was before also And I did Command the Printing of the Book but gave no 〈◊〉 to put any thing unjustifiable into it This Passage I caused to be read to the Lords and the Doctor there says no more than what he Learned of King James in the Conference at Hampton Court But if any thing be amiss he is ready to Answer it But I find not one word in him that this Absolute Obedience ought to be in any thing that is against Law That 's one of Mr. Nicolas his Stretches 3. The third Particular is Bishop Mountague's Appeal p. 141. But nothing hence charged upon me but only that the Book was found in my Study I would Mr. Pryn could find any Books there now 4. The Fourth was That divers Books of like nature were Licensed by my Chaplains But none was of all they then named but Dr. Heylin's and Sales of which your Lordships have heard the Plot how it came to be Licensed And for Dr. Heylin he is ready to make all good which he hath therein done 5. The Fifth Particular is That the Homilies which are Authorised in the Church of England make the Pope Antichrist p. 216. And the Babylonish Beast of Rome p. 316. But First This is nothing against me till it be proved which yet is not done That I have positively denied the Pope to be Antichrist And Secondly I do not conceive that the Article of the Church of England which confirms the Homilies doth also confirm every Phrase that is in them Nor Thirdly Do I conceive that the Homilies
a Monster in Nature in Morality and in Law and if it be nourished will devour all the Safety of the Subject of England which now stands so well fenced by the known Law of the Land And therefore I humbly desire your Lordships not for mine but for the Publick's sake to weigh this Business well before this Gap be made so wide as there will hardly be Power left again to shut it 2. My Second Reason is joined to the Answer of an Objection For when this Result was spoken of it was added That the Particulars charged against me are of the same kind and do all tend to the Subversion of Law and Religion and so become Treason But first suppose that all the Particulars charged do tend to the subversion of Law yet that cannot make them to be all of one kind For all Crimes tend more or less to the Overthrow of Vertue yet no Man can say that all Crimes are of the same kind Secondly be they of the same or different kinds yet neither all nor any of these charged against me do tend to the subversion of the Law For 't is one thing to break dislike or speak against some particular Laws and quite another to labour the Subversion of the whole Body of the Law and the Frame of Government And that I have done this by Conspiracy or Force or any overt Action is not so much as offered in proof And for the breach of any particular Law if I be guilty I am to be punished by the Sanction of that Law which I have broken 3. Thirdly Whereas it hath been said That many Actions of the same kind make a Habit. That 's true But what then For first the Actions urged against me are not of the same kind but exceeding different Secondly if the Habit be Treasonable then all those particular Actions which bred that Habit must be several Treasons as well as the Result or Habit it self whereas it hath been granted all along that my particular Actions are not Treasons And thirdly a Habit in it self neither is nor can be Treason for all Treason is either Thought Word or Overt Act but no Habit is either of these Therefore not Treason For a Habit is that in the Soul which enclines the Powers of it and makes a Man apt and ready to think speak or do that to which he is habituated So an ill Habit against Soveraign Power may make a Man apt and forward to fall into Treason but Treason it is not 4. Fourthly Nor can this Result be Treason at the Common Law by which alone I conceive there is no Treason at all at this day in England For the main end of that excellent Statute of 25 Edw. 3. was for the Safety of the Subject against the manifold Treasons which variously fell upon them by the Common Law and bounded all Treasons and limited them to the things expressed to be Treason in and by that Statute And in all times of difficulty since recourse hath still been had to that Statute And to that Statute I refer my self with this That this Result must be something within this Statute or some other known Statute or else it cannot be Treason And no Proof at all hath been so much as offered that this Result is Treason by any Law My Lords I do with all humble submission desire That when the Reply is made to this matter of Fact a Day may be assigned for my Councel to be heard in matter of Law in all and every Particular which they shall find necessary for my just Defence And now my Lords I do in all Humility lay my self low at God's Mercy-seat to do with me as he pleases and under God I shall rely upon your Lordships Justice Honour and Clemency of which I cannot doubt And without being farther tedious to your Lordships who have with very Honourable Patience heard me through this long and tedious Tryal I shall conclude with that which St. Augustine said to Romanianus a Man that had tryed both Fortunes as well as I If the Providence of God reaches down to us as most certain it doth Sic tecum agi oportet sicut agitur It must so be done with thee and so with me also as it is done And under that Providence which will I doubt not work to the best to my Soul that loves God I repose my self Here ended my Recapitulation and with it the Work of that Day And I was ordered to appear again the Saturday following to hear Mr Brown Sum up the whole Charge against me But upon Tuesday Septemb 3 this was put off to give Mr Brown more time to Wednesday Septemb 11. On Wednesday Septemb 4. as I was washing my Face my Nose bled and something plentifully which it had not done to my remembrance in forty Years before save only once and that was just the same Day and Hour when my most Honourable Friend the Lord Duke of Buckingham was killed at Portsmouth my self being then at Westminster And upon Friday as I was washing after Dinner my Nose bled again I thank God I make no superstitious Observation of this or any thing else yet I have ever used to mark what and how any thing of note falls to me And here I after came to know that upon both these Days in which I bled there was great agitation in the House of Commons to have me Sentenced by Ordinance but both times put off in regard very few of that House had heard either my Charge or Defence CAP. XLIV ON Wednesday September 11. Mr. Brown made in the Lords House a Summ or Brief of the Charge which was brought against me and touched by the way at some things in my Recapitulation But in regard I might not Answer him I took no perfect Notes but stood still and possessed my Soul in Patience yet wondring at the bold free frequent and most false Swearing that had been against me When Mr. Brown had ended I humbly desired again that my Councel might be heard in Point of Law And they were hereupon Ordered to deliver in Writing under their Hands what Points of Law they would insist upon and that by Saturday September 14. This day my Councel according as they were Ordered delivered into the Lords House these two Points following by way of Question First Whether in all or any the Articles charged against me there be contained any Treason by the Established Laws of this Kingdom Secondly Whether the Charge of the said Impeachment and Articles did contain such Certainty and Particularity as is required by Law in a Case where Treason is charged This day I Petitioned the Lords that my Councel might have access to and take Copies of all such Records as they thought necessary for my Defence which was Granted and Order'd accordingly My Councel's Quaeries having been formerly sent down to the House of Commons they were there referred to a Committee of Lawyers to
Book of Assize Killing the King's Messenger was Treason And in the Parliament Roll 21 Ed. 3. Numero 15. accroaching the Royal Power wherein every Excess was subject to a Construction of Treason was Treason for which divers having suffered the Commons in Parliament finding how mischievous and destructive it was to the Subject Petitioned it might be bounded and declared And this not to give any Liberty but to give Bounds to it one while it being construed an Accroachment of Royal Power as in the Case of the Earl of Lancaster temp Ed. 2. for being over Popular with the People and in the same King's Reign to Spencer for being over Gracious with the King The sense of these and other Mischiefs by the uncertainty of Treason brought on this Law of 25 Ed. 3. and the benefit of it to the Subject says Sir Ed. Coke upon his Collections of the Pleas of the Crown begot that Parliament the Name of Parliamentum Benedictum and that except Magna Charta no other Act of Parliament had more Honour given it by the King Lords and Commons And this Law hath been in all Times the Rule to Judge Treasons by even in Parliament and therefore in the Parliament Roll 1 H. 4. Num. 144. the Tryal and Judgment in Cases of Impeachment of Treason is prayed by the Commons might be according to the Ancient Laws and in the Parliament Roll 5 H. 4. Num. 12. in the Case of the then Earl of Northumberland this Statute of 25 Ed. 3. was the Guide and Rule by which the Lords Judged in a Case endeavoured to have been extended to be a Treason the same to be no Treason And it is as we conceive very observable That if at any time the Necessity or Excess of the Times produced any particular Laws in Parliament for making of Treasons not contained in that Law of 25 Ed. 3. yet they returned and fixed in that Law Witness the Statute of 1 H. 4. Cap. 10. whereby all those Facts which were made Treasons mean between in the divided time of R. 2. were reduced to this of Ed. 3. In the time of H. 8. wherein several Offences were Enacted to be Treasons not contained in the Statute of 25 Ed. 3. the same were all swept away by the Statute of 1. Ed. 6. Cap. 12. And again wherein the time of Ed. 6. several Treasons were Enacted they were all Repealed and by Act made 1 Mariae 1. none other Offence left to be Treason than what was contained and declared by the Statute of 25 Ed. 3. And from 1 H. 4. to Queen Mary and from thence downward we find not any Judgment hath been given in Parliament for any Treason not declared and contained in that Law but by Bill Thus in succession of all Times this Statute of 25 Ed. 3. in the Wisdom of former Parliaments hath stood and been the constant fixed Rule for all Judgments in Cases of Treason We shall now observe what Offences are in and by that Law declared to be Treasons whereby your Lordships will Examine whether you find any of them in the Charge of these Articles For which purpose we shall desire this Statute of 25. Ed. 3. be Read The Treasons by that Act declared are 1. Compassing and Imagining the Death of the King Queen or Prince and declaring the same by some Overt Act. 2. Murdering the Chancellor Treasurer c. 3. Violating the Queen the King 's Eldest Daughter or the Prince's Wife 4. Levying War against the King 5. Or Adhering to the King's Enemies within the Realm or without and declaring the same by some Overt Act. 6. Counterfeiting the Seals and Coin 7. Bringing in Counterfeit Coin Next we shall lay for a ground that this Act ought not be Construed by Equity or Inference 1. For that it is a declarative Law and no Declaration ought to be upon a Declaration 2. It was a Law provided to secure the Subject for his Life Liberty and Estate and to admit Constructions and Inferences upon it were to destroy the Security provided for by it 3. It hath been the constant Opinion in all Times both in Parliament and upon Judicial Debates that this Act must be literally construed and not by Inference or Illation Nor would it be admitted in a Particular declared by this Law to be Treason which a Man would have thought might have been consistent with it Counterfeiting the Coin of the Kingdom is by this Law declared Treason Washing Filing and Clipping the Coin is an abuse an abasing and not making it Currant Yet in 3 H. 5. when the Question was in Parliament whether that Offence was Treason within the Statute of 25 Ed. 3. It is declared by a special Act then made 3 H. 5. cap. 6. That forasmuch as before that time great doubt and ambiguity had been whether those Offences ought to be adjudged Treason or not in as much as mention is not thereof made in the Declaration of the Articles of Treason by that Statute of 25 Ed. 3. the same was by that particular Act made Treason which before was none and counterfeiting of Foreign Coin made Currant here an equal mischief with counterfeiting of the Coin of this Realm yet because the words of the Statute are his Mony this not Treason until the Act of 1 Mariae cap. 6. made it so And Sir Ed. Coke in his Book before mentioned saith a compassing to Levy War is not a Treason within that Law unless it proceed into Act but only to Compass the Death of the King Yet if a Constructive Treason should be admitted it might happily without any great straining be inferred that compassing to Levy War is in some sort a compassing of the King's Death and of this Kind many more Instances may be given So that the result of all this is that whatsoever is not declared to be a Treason within the Letter of this Law may not be adjudged a Treason by Inference Construction or otherwise Having done with this First we now shall come to our Second Question Whether any the Matters in all or any the Articles Charged contain any the Treasons declared by that Law or Enacted by any subsequent Law wherein although the Charges may appear to be Great and Enormous Crimes yet we shall endeavour and hope to satisfie your Lordships the same nor any of them are Treasons by any established Law of the Kingdom For clearing whereof we shall pursue the Order first proposed First that an Endeavour to subvert Fundamental Laws is not Treason by any Law in this Kingdom Established and particular Act to make it Treason there is none so as we must then return to apply those former general Observations of that Act of 25. Ed. 3. to this Particular and shall add for Reasons 1. That it is not comprized within any the Words of that Law nor may by any Construction or Inference be brought
within it for the Reasons formerly alledged 2. Because an Endeavour to subvert Laws is of so great a Latitude and Uncertainty that every Action not Warranted by Law may be thereby extended to be a Treason In the Sixth Report in Mildmays Case Fol. 42. where a Conveyance was made in Tail with a Proviso if he did go about or attempt to discontinue the Entail the same should be void It was resolved the Proviso was void and the principal Reason was that these Words attempt or go about are Words uncertain and void in Law And the Words of the Book are very observable viz. God defend that Inheritances and Estates of Men should depend upon such incertainties for that Misera est Servitus ubi Jus est vagum quod non definitur in Jure quid fit conatus and therefore the Rule of the Law doth decide this point Non efficit conatus nisi sequitur effectus and the Law doth reject Conations and goings about as things uncertain which cannot be put in issue These are the Words of the Book And if so considerable in Estates your Lordships we conceive will hold it far more considerable in a Case of Life which is of highest Consequence And if it should be said this Law of 25. Ed. 3. takes notice of Compassing and Imagining We answer it is in a Particular declared by that Law to be Treason in Compassing the death of the King But this of Endeavouring to subvert Laws not declared by that or any other Law to be a Treason And if it should be granted that this Law might in any Case admit any other Fact to be Treason by Inference or Construction other than is therein particularly declared which we conceive it cannot Yet it is not Imaginable that a Law introduced purposely to limit and ascertain Crimes of so high Consequence should by Construction or Inference be subject to a Construction of admitting so uncertain and indefinite a thing as an endeavour to subvert the Law is it being not comprised within the Letter of that Law 3. That the Subversion of the Law is an impossible thing therefore an Endeavour to do an act which cannot be effected cannot be Treason 4. That in all times the Endeavouring to subvert the Laws hath been conceived no determinate Crime but rather an Aggravation only of a Crime than otherwise And therefore hath been usually joyned as an Aggravation or result of Crimes below Treason As appears in the Parliament Roll 28 H. 6. num 28. to num 47. in the Case of the Duke of Suffolk where the Commons having in Parliament preferred Articles of Treason against him did not make that any part of their Charge Yet in the same Parliament and within few Days after the First being in February the latter in March Exhibiting other Articles against him they therein Charged all the Misprisions Offences and Deeds therein mentioned to have been the cause of the Subversion of Laws and Justice and the Execution thereof and nigh likely to tend to the Destruction of the Realm So as it appears it was then conceived an Offence of another Nature and not a Treason And it appears as well by the Articles exhibited in Parliament 21 H. 8. against Cardinal Woolsey as by Indictment in the Kings Bench against Ligham 23 H. 8. Rot. 25. That the Cardinal did Endeavour to subvert Antiquissimas Leges hujus Regni Vniversumque hoc Regnum Angliae Legibus Imperialibus Subjugare which although it be a Charge of subverting the ancient Laws of the Kingdom and to introduce new and Arbitrary Laws yet neither upon the Articles or Indictment was the same imputed to be Treason but ended in a Charge of a Premunire And if it shall be said that Empson 1 H. 8. had Judgment and Died for it upon an Indictment in London We answer 1. This was not the Substance of the Indictment but only an Aggravation 2. And if Charged it is with an actual subverting not with an Endeavour to subvert the Laws and is joyned with divers other Offences 3. Which is a full Answer The Indictment upon which he was Tryed was Paschae 2 H. 8. at Northampton and was for Levying War against the King a Treason declared by the Law of 25 Ed. 3. upon which he was Convicted and Suffered and no proceeding upon the other Indictment ever had And as to the second General Charge of Endeavouring to subvert Religion This no more than that former of subverting the Laws is any Treason within any Law established in this Kingdom And herein as to the Charge of the Endeavour we shall rely upon what hath been already said upon the former With this further That until that happy Reformation begun in the time of King Edward VI. there was another Frame of Religion established by Law which was conceived until then to have been the True Religion and any Endeavour to Change or Alter it prosecuted with great Extremities Yet was not any Attempt to alter it conceived to be a Treason but several especial Acts of Parliaments were made for particular Punishments against Persons who should attempt the Alteration thereof Witness the Statute of 5 R. 2. Cap. 5. and 2 H. 5. Cap. 7. In which latter although mention is made of endeavouring to destroy and subvert the Christian Faith yet was not the Offence made or declared to be Treason And at this day Heresie of what kind soever is not punishable but according to the old course of the Law And we may add the Statute of 1 Edw. 6. Cap. 12. that of 1 Mariae 12. which makes it but Felony to attempt an Alteration of Religion by force The worst kind of Attempt certainly To the third and last general Charge Labouring to subvert the Rights of Parliaments To the Labouring to do it we shall add nothing to what hath been said to the Charge of Endeavour in the two former only thus much we shall observe That in the Parliament of 11 R. 2. amongst the many Articles preferred against the Duke of Ireland and others the 14th Article contains a Charge much of this Nature viz. That when the Lords and others in divers Parliaments had moved to have a good Government in the Realm they had so far incensed the King that he caused divers to depart from his Parliament so that they durst not for fear of Death advise for the good of the Kingdom Yet when the Lords came to single out the Articles what was or was not Treason That although a Charge transcending this was none of the Articles by them declared to be Treason My Lords Having done with these Generals it remains only that we apply our selves to those other Articles which we conceive were insisted upon as Instances conducing and applied to some of the Generals we have handled Wherein if the Generals be not Treason the Particular Instances cannot be and on the other side if the Instances fall
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
I humbly beseech thee give me now in this great Instant full Patience proportionable Comfort and a Heart ready to Die for thine Honour the King's Happiness and the Churches Preservation And my Zeal to this far from Arrogancy be it spoken is all the Sin Humane Frailty excepted and all the Incidents thereunto which is yet known to me in this Particular for which I now come to suffer I say in this Particular of Treason But otherwise my Sins are many and great Lord Pardon them all and those especially whatever they are which have drawn down this present Judgment upon me And when thou hast given me strength to bear it do with me as seems best in thine own Eyes And carry me through Death that I may look upon it in what Visage soever it shall appear to me Amen And that there may be a stop of this Issue of Blood in this more than miserable Kingdom I shall desire that I may Pray for the People too as well as for my self O Lord I beseech thee give Grace of Repentance to all Blood-Thirsty People but if they will not Repent O Lord confound all their Devices defeat and frustrate all their Designs and Endeavours upon them which are or shall be contrary to the Glory of thy Great Name the Truth and Sincerity of Religion the Establishment of the King and his Posterity after him in their just Rights and Priviledges the Honour and Conservation of Parliaments in their just Power the Preservation of this poor Church in her Truth Peace and Patrimony and the settlement of this distracted and distressed People under their Ancient Laws and in their Native Liberty And when thou hast done all this in meer Mercy to them O Lord fill their Hearts with Thankfulness and with Religious Dutiful Obedience to thee and thy Commandments all their Days Amen Lord Jesu Amen And receive my Soul into thy Bosom Amen Our Father which art in Heaven c. The Speech and Prayer being ended he gave the Paper which he read into the Hands of Stern his Chaplain permitted to Attend him in his last Extremity Whom he desired to Communicate it to his other Chaplains that they might see in what manner he left this World and so Prayed God to shew his Blessings and Mercies on them And taking notice that one Hind had employed himself in writing the Words of his Speech as it came from his Mouth he desired him not to do him wrong in Publishing a False or Imperfect Copy This done he next applied himself to the Fatal Block as to the Haven of his Rest. But finding the way full of People who had placed themselves upon the Theatre to behold the Tragedy he desired he might have room to Die beseeching them to let him have an end of his Miseries which he had endured very long All which he did with so serene and calm a Mind as if he rather had been taking order for a Noble-Man's Funeral than making way for his own Being come near the Block he put off his Doublet and used some Words to this Effect God's Will be done I am willing to go out of this World none can be more willing to send me And seeing through the Chinks of the Boards that some People were got under the Scaffold about the very Place where the Block was seated he called to the Officer for some Dust to stop them or to remove the People thence saying It was no part of his Desires that his Blood should fall upon the Heads of the People Never did Man put off Mortality with a Better Courage nor look upon his Bloody and Malicious Enemies with more Christian Charity And thus far he was on his way toward Paradise with such a Primitive Magnanimity as Equalled if not Exceeded the Example of the Ancient Martyrs when he was somewhat interrupted by one of those who had placed himself on the Scaffold not otherwise worthy to be Named but as a Firebrand brought from Ireland to inflame this Kingdom Who finding that the Mockings and Revilings of Malicious People had no power to move him or sharpen him into any discontent or shew of Passion would needs put in and try what he could do with his Spunge and Vinegar and stepping to him near the Block he would needs propound unto him some impertinent Questions not so much out of a desire to learn any thing of him but with the same purpose as was found in the Scribes and Pharisees in propounding Questions to our Saviour that is to say either to intrap him in his Answers or otherwise to expose him to some disadvantage with the standers by Two of the Questions he made Answer to with all Christian Meekness The first Question was What was the Comfortablest Saying which a Dying Man would have in his Mouth To which he Meekly made Answer Cupio dissolvi esse cum Christo. Being asked again What was the fittest Speech a Man could use to express his Confidence and Assurance He answered with the same Spirit of Meekness That such Assurance was to be found within and that no words were able to express it rightly But this not satisfying this Busie Man who aimed at something else as is probable than such satisfaction unless he gave some Word or Place of Scripture whereupon such Assurance might be truly founded he used some words to this effect That it was the Word of God concerning Christ and his dying for us But then finding that there was like to be no end of the Troublesom Gentleman he turned away from him applying himself directly to the Executioner as the Gentler and Discreeter Person Putting some Money into his Hand he said unto him without the least distemper or change of Countenance Here Honest Friend God forgive thee and I do and do thy Office upon me with Mercy And having given him a Sign when the Blow should come he kneeled down upon his Knees and Prayed as followeth viz. Lord I am coming as fast as I can I know I must pass through the shadow of Death before I can come to see thee but it is but Umbra Mortis a meer shadow of Death a little darkness upon Nature but thou by thy Merits and Passion hast broke through the Jaws of Death The Lord receive my Soul and have Mercy upon me and bless this Kingdom with Peace and Plenty and with Brotherly Love and Charity that there may not be this effusion of Christian Blood amongst them for Jesus Christ his sake if it be thy will Then laying his Head upon the Block and praying silently to himself he said aloud Lord receive my Soul which was the Signal given to the Executioner who very dexterously did his Office and took off his Head at a blow his Soul ascending on the Wings of Angels into Abraham's Bosom and leaving his Body on the Scaffold to the care of Men. And if the Bodies of us Men be capable of any Happiness in the Grave he had as great a
entred into for his Appearance should be delivered up unto him Lastly that the said R. C. should for such his Mis-information and Abuse stand committed Prisoner to the Fleet. XVIII A Passage out of a Sermon Preached by Dr. Heylin at Oxford 1630. against the Feoffment for buying in Impropriations referred to in the preceding History Life of Arch-Bishop Laud pag. 199. Planting also many Pensionary Lecturers in so many places where it need not and upon days of common Labour will at the best bringing forth of Fruit appear to be a Tare indeed though now no Wheat be counted Tares c. We proceed a little on further in the proposal of some things to be considered The Corporation of Feoffees for buying in of Impropriations to the Church doth it not seem in the appearance to be an excellent piece of Wheat A Noble and Gracious point of Piety Is not this Templum Domini Templum Domini But blessed God that Men should thus draw near unto thee with their Mouths and yet be far from thee in their Hearts For what are those intrusted in the managing of this great Business Are they not the most of them the most Active and the best Affected Men in the whole Cause and Magna Partium Momenta chief Patrons of the Faction And what are those whom they prefer Are they not most of them such as must be serviceable to their dangerous Innovations And will they not in time have more Preferments to bestow and therefore more Dependencies than all the Prelates in the Kingdom c. yet all this while we sleep and slumber and fold our Hands in Sloth and see perhaps but dare not note it XIX A Passage out of the Statute of the 27th of Elizabeth against Jesuits and Seminary Priests referred to in the preceding History 27 Eliz. cap. 2. sect 3. And be it further Enacted by the Authority aforesaid that it shall not be Lawful to or for any Jesuit Seminary Priest or other such Priest Deacon or Religious Ecclesiastical Person whatsoever being born within this Realm or any other Her Highness Dominions and heretofore since the said Feast of the Nativity of St. John Baptist in the First Year of Her Majesty's Reign made ordained or professed or hereafter to be made ordained or professed by any Authority or Jurisdiction derived challenged or pretended from the See of Rome by or of what Name Title or Degree so-ever the same shall be called or known to come into be or remain in any part of this Realm or any other Her Highness Dominions after the end of the same forty days other than in such special Cases and upon such special Occasions only and for such time only as is expressed in this Act and if he do then every such Offence shall be taken and adjudged to be High Treason and every Person so offending shall for his Offence be adjudged a Traytor and shall suffer lose and forfeit as in Case of High Treason And every Person which after the end of the same forty days and after such time of departure as is before limited and appointed shall wittingly and willingly receive relieve comfort aid or maintain any such Jesuit Seminary Priest or other Priest Deacon or Religious or Ecclesiastical Person as is aforesaid being at Liberty or out of hold knowing him to be a Jesuit Seminary Priest or other such Priest Deacon or Religious or Ecclesiastical Person as is aforesaid shall also for such Offence be adjudged a Felon without Benefit of Clergy and suffer Death lose and forfeit as in Case of one Attainted of Felony XX. A Passage out of Sir Edward Coke's Institutes being his Judgment upon the said Statute referred to in the preceding History Lib. 3. cap. 37. The Cause of making this Statute of 27 Eliz. against Jesuits and Seminary Priests and their Receivers you may read at large lib. 5. fol. 38 39. in the Case De Jure Regis Ecclesiastico Sir Edward Coke's Words in the place referred to by himself are here subjoined And albeit many of Her Subjects after the said Bull of Pius Quintus adhering to the Pope did renounce their former Obedience to the Queen in respect of that Bull yet all this time no Law was either made or attempted against them for their Recusancy c. Then Jesuits and Romish Priests were sent over who in secret Corners whispered and infused into the Hearts of many of the Unlearned Subjects of this Realm that the Pope had Power to Excommunicate and Depose Kings and Princes that he had Excommunicated the late Queen Deprived Her of Her Kingdom and discharged all Her Subjects of their Oaths Duties and Allegiance to Her And thereupon Campian Sherwin and many other Romish Priests were Apprehended c. But all this time there was no Act of Parliament made either against Recusants or Jesuits or Priests c. But after these Jesuits and Romish Priests coming daily into and swarming within this Realm instilling still this Poison into the Subjects Hearts that by Reason of the said Bull of Pius Quintus Her Majesty was Excommunicated Deprived of Her Kingdom c. In the 27th Year of her Reign by Authority of Parliament Her Majesty made it Treason for any Jesuit or Romish Priest being Her Natural Born Subject and made a Romish Priest or Jesuit since the beginning of Her Reign to come into any of her Dominions Intending thereby to keep them out of the same to the end that they should not infect any other Subjects with such Treasonable and Damnable Persuasions and Practices as are aforesaid Which without Controversie were High Treason by the Ancient and Common Laws of England Neither would ever Magnanimous King of England sithence the first Establishment of this Monarchy have suffered any especially being his own Natural Born Subjects to live that persuaded his Subjects that he was no Lawful King and practised with them to withdraw them from their Allegiance c. XXI A Passage out of Bishop Montague's Origines 〈◊〉 referred to in the preceding History Tom. 1. par 2. pag. 464. Sanctè credimus accuratè tuemur defendimus hoc ipsum Officium munus in Ecclesiâ sive Apostolicum seu 〈◊〉 adeò esse de necessitate salutis ordinariâ ut sine altero alterum esse nequeat Non est Sacerdotium nisi in Ecclesiâ non est Ecclesia sine Sacerdotio Illud autem intelligo per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Episcopalem Ordinariam Neque enim admittendam censemus extraordinariam aliquam seu Vocationem seu 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nisi miraculosam Oportet omnino miraculis agant suam confirment functionem signo aliquo qui non ab Episcopis derivata ab Apostolis per Successionem Institutione in Ecclesiam inducuntur sed vel orti à sese vel nescio unde intrusi sese ingerunt Nam quod praetendunt ordinariam Vocationem retinendam adhibendam eique adhaerescendum nisi in casu 〈◊〉 absurdum est suppositioni innititur
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
been lately made Secondly That to effect this Trayterous Design they have not only secretly erected some Monasteries of Monks Nuns in and about London but sent over hither whole Regiments of most active subtile Jesuits incorporated into a particular new Society whereof the Pope himself is Head and Cardinal Barbarino his Vicar which Society was first discovered and some of them apprehended in their private College at Clerkenwel together with their Books of Account Reliques and Massing Trinkets about the beginning of the Second Parliament of this King yet such Power Favour Friends they had then acquired that their Persons were speedily and most indirectly released out of Newgate without any Prosecution to prevent the Parliament's Proceedings against them Since which this conjured Society increasing in Strength and Number secretly replanted themselves in Queenstreet and Long-Acre and their Purses are now so strong their Hopes so elevated their Designs so ripened as they have there purchased and founded a new magnificent College of their own for their Habitation near the fairest Buildings of Nobles Knights and Gentlemen the more commodiously to seduce them Thirdly That these Jesuits and Conspirators hold weekly constant uninterrupted Intelligence with the Pope and Romish Cardinals and have many Spies or Intelligencers of all sorts about the King Court City Noblemen Ladies Gentlemen and in all Quarters of the Kingdom to promote this their Damnable Plot. Fourthly That the Pope for divers late Years hath had a known avowed Legat Con by Name openly residing even in London near the Court of purpose to reduce the King and his Kingdoms to the Obedience of the Church of Rome and the Queen at least another Leger at Rome trading with the Pope to facilitate the Design to wit one Hamilton a Scot who receives a large Pension out of the Exchequer granted to another Protestant of that Name who payeth it over unto him to palliate the business from the People's knowledge by which means there hath been a constant allowed Negotiation held between Rome and England without any open interruption Fifthly That the Pope's Legat came over into England to effect this Project and kept his Residence here in London for the better Prosecution thereof by the King 's own Privity and Consent And whereas by the ancient Law and Custom of the Realm yet in force even in Times of Popery no Legat whatsoever coming from Rome ought to cross the Seas or land in England or any the King's Dominions without the King's Petition Calling and Request and before he had taken a Solemn Oath or Protestation to bring and attempt nothing in Word or Deed to the Prejudice of the Rights Priviledges Laws and Customs of the King and Realm This Legat for ought appears was here admitted without any such cautionary Oath which would have crossed the chief End of his Legation to prejudice all of them and our Religion too Yea whereas by the Statutes of the Realm it is made no less than High Treason for any Priests Jesuits or others receiving Orders or Authority from the Pope of Rome to set footing in England or any the King's Dominions to seduce any of his Subjects to Popery And no Popish Recusant much less then Priests Jesuits and Legats ought to remain within Ten Miles of the City of London nor come into the King's or Prince's Courts the better to avoid such traiterous and most dangerous Conspiracies Treasons and Attempts as are daily devised and practised by them against the King and Commonweal Yet notwithstanding this Pope's Legat and his Confederates have not only kept Residence for divers Years in or near London and the Court and enjoyed free Liberty without Disturbance or any Prosecution of the Laws against them to seduce his Majesty's Nobles Courtiers Servants Subjects every where to their Grief and Prejudice but likewise have had familiar Access to and Conference with the King himself under the very Name and Authority of the Pope's Legat by all Arts Policies and Arguments to pervert and draw him with his three Kingdoms into a new Subjection to the See of Rome as Cardinal 〈◊〉 the last Pope's Legat extant in England before this in Queen Mary's Reign reconciled her and the Realm to Rome to their intolerable Prejudice An Act so inconsistent with the Laws of the Realm with his Majesty's many ancient and late Remonstrances Oaths Protestations to maintain the Protestant Religion without giving way to any back-sliding to Popery in such sort as it was maintained and professed in the purest Times of Queen Elizabeth c. as may well amaze the World which ever looks more at real Actions than verbal Protestations Sixthly That the Popish Party and Conspirators have lately usurped a Sovereign Power not only above the Laws and Magistrates of the Realm which take no hold of Papists but by the Parliament's late Care against them here but even over the King himself who either cannot or dares not for fear perchance of Poysoning or other Assassination oppose or banish these horrid Conspirators from his Dominions and Court but hath a long time permitted them to prosecute this Plot without any publick Opposition or Dislike by whose Powerful Authority and Mediation all may easily divine Alas What will become of the poor Sheep when the Shepherd himself not only neglects to chase and keep out these Romish Wolves but permits them free Access into and Harbour in the Sheepfold to assault if not devour not only his Flock but Person too Either St. John was much mistaken in the Character of a good Shepherd and in prescribing this Injunction against such Seducers If there come any unto you and bring not this Doctrine receive him not into your House neither bid him God speed for he that biddeth him God speed is Partaker of his evil Deeds And the Fathers and Canonists deceived in this Maxim Qui non prohibet malum quod potest jubet Or else the Premises cannot be tolerated or defended by any who profess themselves Enemies or Opposites to the Pope Priests or Church of Rome Seventhly That these Conspirators are so potent as to remove from Court and Publick Offices all such as dare strenuously oppose their Plots as the Example of Secretary Cook with other Officers lately removed in Ireland evidence and plant others of their own Party and Confederacy both in his Majesty's Court Privy Council Closet Bed-chamber if not Bed and about the Prince to corrupt them And how those who are thus environed with so many industrious potent Seducers of all sorts who have so many Snares to entrap so many Enticements to withdraw them both in their Beds Bed-Chambers Closets Councils Courts where-ever they go or come should possibly continue long untainted unseduced without an omnipotent Protection of which none can be assured who permits or connives at such dangerous Temptations is a thing scarce credible in Divine or Humane Reason if Adam's Solomon's and others Apostacies by such means be duly pondered
Ear-witness of his Destiny from the Legat's own Vaunt will inform his Majesty and all his Protestant Subjects who will tremble at the very apprehension of it that they have an Indian poisoned Nut reserved for him amongst this Jesuitical Society or if it be lost a poisoned Knife perchance or some other Instrument to dispatch him out of the World and to get the possession and protection of the Prince whom they will educate in their Antichristian Religion which how possible how probable it is for them considering their present Power and Endeavours to effect it their poisoning of the Emperour Henry the Seventh in the sacred Host of King John in the Chalice their stabbing of Henry the Third of France with a Knife in the Belly of Henry the Fourth his Successor first in the Mouth next in the Heart-strings though all of their own Religion because they would not humour the Pope in every unreasonable Demand though Henry the Fourth turned an Apostate from the Protestant Religion wherein he was bred restored the Jesuits formerly banished out of France rased the Pillar erected in Paris as a standing Monument of their Treasons against their Sovereigns and built them a stately College to secure his Life from their Assassination which yet would not save him from their Butchery Together with their pistolling of the Prince of Orange and poisoning of King James himself as the Legat boasted may inform his Majesty and all his faithful Protestant Subjects especially such as by their confederating with them in these their Wars have done nought but executed their fore-named Designs whom it concerns now very nearly to prevent if possible such a sad Catastrophe of that bloody Tragedy which hath been acted over-long in Ireland and England by these Conspirators fore-plotted Treasons The execrable Horrridness and Reality whereof made the very Discoverer of the Plot out of remorse of Conscience to desert the Conspirators Conspiracy and that bloody Religion which begot it and therefore should much more incite all such in his Majesty's Army who are cordially faithful to their Sovereign Religion Country Posterity and have hitherto ignorantly acted these Conspirators Treasonable Designs under colour of serving the King to consider with remorse of Conscience whose Instruments they have thus long been whose Treasons they have ripened what Protestant Blood they have shed how much they have weakened impoverished betrayed their own Protestant Party who have really stood for God Religion King Country Parliament against these Romish Conspirators and what Hopes what Advantages they have given these Confederates both in England and Ireland to over-top suppress and ere long utterly to extirpate the Protestant Religion themselves and all others who cordially profess it as they have done many thousands of them already And then upon all these sad most serious Considerations the very Thoughts whereof should cause their Souls to bleed and tremble speedily to desert these traiterous Papists ere they get all into their Power and unite all their Heads Hearts Hands Forces to the Parliament's Party who had so good cause to take up defensive Arms to prevent the imminent ruin which otherwise is like to befal both King Kingdom Religion Parliament Liberty Property Posterity ere we be aware especially since the most cowardly unworthy yielding up of Bristol a fit Inlet for the Irish Rebels who have conspired to come over hither with all expedition and Welsh Papists to cut all our Throats Eleventhly That those Protestants who now side with Popish Conspirators when they have accomplished their Designs whatsoever they may now fancy to themselves shall find no more Mercy or Favour from them than the greatest Roundheads if they comply not with them in all things and even in Popery it self For if they will not spare the King 's own Person and Life after so many Favours Graces extended to them as they will not if we believe this Relation or the late Story of King Henry the Fourth of France yet fresh in memory what inferiour Person can think to be secure to fare better than the King himself And if Con the Legat to insinuate himself into the King's and Palatine's Favours at the first when he had no interest in them would not so much as advise the Legat of Cologne to mediate for the Palsgrave lest peradventure the King of Spain should report that the Pope had Patroniz'd an Heretical Prince as the Relation attests though he promised the King effectually to do it How can Prince Rupert Maurice or any other Commanders in the King's Army when they have fully accomplished the Pope's and these his Instruments Designs under whose Banner they ignorantly yet really militate and promote his Cause instead of the King 's and Kingdoms to whom they and others have been so much engaged hope to receive the least Dram of Favour Pity much less any Recompence from the Pope and Popish Party if they continue Hereticks still notwithstanding all their present goodly Promises Will they part with any other Inheritances to them then who will not so much as now mediate for them to regain their own Will these who have butchered so many thousands of innocent Protestants in Ireland in England even before they were sure of the Day without any provocation given spare any Mother's Son of them alive if they once erect their Trophies over them Certainly the Experience of all former Ages compared with the present may fully resolve all That the very tender Mercies of these wicked ones will be nought but extream Cruelty and if they prevail we all must perish without distinction sooner or later unless we will turn Apostates and lose our Religion God Heaven Souls to save our transitory Lives Finally Therefore let the serious Consideration of all the Premises instruct us to learn Wisdom from these our Adversaries let their indefatigable Industry subtil Policy sincere Fidelity chearful Constancy bountiful Liberality fraternal Unanimity undaunted Magnanimity indissolvable Confederacy and uninterrupted Pertinacy in prosecuting establishing propagating their Antichristian Religions Treasons Designs excite all Protestants according to their several late Covenants and Protestations much forgotten to equalize if not transcend them in all these in defending securing propagating our true Christian Religion protecting our King Kingdoms Parliament Laws Liberties Posterities all we yet have or hereafter hope for from that imminent ruin which these Popish Conspirators threaten to them Fore-warn'd fore-arm'd If now we perish through our own private Dissentions Folly Cowardise Covetousness Treachery or Security or monstrous Credulity that these Conspirators and Papists now in Arms fight only for the King and establishment of the Protestant Religion as it was in Queen Elizabeth's days against whom they plotted so many Treasons even for her very Religion and the Powder-Plot since against King James and the whole Parliament our Blood shall rest upon our own Heads who would not take timely notice of our incumbent Dangers nor suddenly prevent them whiles we might THE EXAMINATION OF HENRY
Oaths of Allegiance and Supremacy to K William and Q Mary 4to Ten several occasional Sermons since 1690. The Jesuits Memorial for the intended 〈◊〉 of Ergland under their first Popish Prince Written by Father Parsons 1596. And prepared to be proposed in the first Parliament after the Restoration of Popery for the better Establishment and Preservation of that Religion Published from the very Manuscript Copy that was presented by the Jesuits to the 〈◊〉 K James the Second and found in his Closet With an Introduction and some Animadversions by Edward Gee Chaplain to their Majesties 8vo Dr Cumberland now Lord Bishop of 〈◊〉 his Essay towards the Recovery of the Jewish Measures and Weights comprehending their 〈◊〉 by help of Antient Standards compared with ours of England useful also to state many of those of the Greeks and Romans and the Eastern Nations 8vo Dr Patrick now Lord Bishop of Ely his Parable of the Pilgrim written to a Friend the sixth Edition 4to 1681. Hearts-Ease or a Remedy against all Troubles with a consolatory Discourse particularly directed to those who have lost their Friends and Relations To which is added two Papers printed in the time of the late Plague The sixth Edition corrected 12mo 1695. Answer to a Book spread abroad by the Romish Priests 〈◊〉 The Touch 〈◊〉 of the Reformed Gospel wherein the true Doctrine of the Church of England and many Texts of the Holy Scripture are faithfully explained 1692. 8vo Nine several occasional Sermons since the Revolution 4to Exposition of the Tea Commandments 8vo A Vindication of their Majesty's Authority to fill the Sees of the deprived Bishops in a Letter 〈◊〉 by 〈◊〉 B 's refusal of the Bishoprick of Bath and Wells 4to A Discourse concerning the unreasonableness of a new Separation on Account of the Oaths to the present Government With an Answer to the History of Passive Obedience so far as relates to them 4to A Vindication of the said Discourse concerning the Unreasonableness of a New Separation from the Exceptions made against it in a Tract called A brief Answer to the said 〈◊〉 c. 4to 〈◊〉 Or a Discourse concerning the Earth before the Deluge wherein the Form and Properties ascribed to it in a Book intituled The Theory of the Earth are excepted against and it is made appear That the Dissolution of that Earth was not the Cause of the Universal Flood Also a New Explication of that Flood is attempted By Erasmus Warren Rector of 〈◊〉 in 〈◊〉 4to The Present State of Germany By a Person of Quality 8vo Memoris 〈◊〉 to the Royal Navy of England for Ten Years determined December 1688 By 〈◊〉 〈◊〉 〈◊〉 8vo 〈◊〉 of what 〈◊〉 in Christendom from the War begun 1672. to the Peace concluded 1679 8vo 〈◊〉 Historical Collections The Third Part in two Volumes Containing the Principal Matters which happened from the Meeting of the Parliament Nov 3 1640. to the end of the Year 1644. Wherein is a particular Account of the Rise and Progress of the Civil War to that Period Fol 1692. A Discourse of the Pastoral Care By Gilbert Burnet Lord Bishop of Sarum 1692 The Character of Queen Elizabeth Or A full and clear Account of her Policies and the Methods of her Government both in Church and State her Vertues and Defects Together with the Characters of her Principal Ministers of State and the greater part of the Affairs and Events that happened in her time By Edmund Bohun Esq 1693. 8vo The Letters of the Reverend Father Paul Councellor of State to the most Serene Republick of Venice and Author of the Excellent History of the Council of Trent 1693. An Impartial History of the Wars in Ireland In Two Parts From the time that Duke Schomberg landed with an Army in that Kingdom to the 23 d. of March 1691 2. when their Majesties Proclamation was published declaring the War to be ended Illustrated with Copper Sculptures describing the most important Places of Action By George Story an Eye-witness of the most remarkable Passages 4to 1693. Linguae Romanae Dictionarium 〈◊〉 Novum Or A New Dictionary in Five Alphabets 〈◊〉 English Words and Phrases before the Latin 2 Latin Classic 3 Latin Proper Names 4. Latin Barbarous 5. Law-Latin Cambridge 4to 1693. Dr John Conant's Sermons 1693. 8vo Of the Government of the Thoughts By Geo Tully 〈◊〉 of York 8vo 1694. Origo Legum Or A 〈◊〉 of the Origine of Laws and their Obliging Power as also of their great Variety and why some Laws are immutable and some not but may suffer change or cease to be or be suspended or abrogated In Seven Books By George Dawson Fol. 1694. Four Discourses delivered to the Clergy of the Diocess of Sarum 〈◊〉 I The Truth of the Christian Religion II The Divinity and the Death of Christ. III The Infallibility and Authority of the Church IV. The Obligations to continue in the Communion of the Church By Gilbert Lord Bishop of Sarum 8vo 1694. A brief Discourse concerning the Lawfulness of Worshipping God by the Common-Prayer In Answer to a Book intitused A brief Discourse of the 〈◊〉 of Common-Prayer-Worship By John Williams D D 4to 1694. A true Representation of the absurd and 〈◊〉 Principles of the Sect commonly known by the Name of the 〈◊〉 4to 1694. Memoirs of the most 〈◊〉 Thomas 〈◊〉 Archbishop of Canterbury Wherein the History of the Church and the Reformation of it during the Primacy of the said Archbishop are greatly illustrated and many singular Matters relating thereunto now first published In Three Books Collected 〈◊〉 from Records Registers Authentick Letters and other Original Manuscripts By John 〈◊〉 M. A. Fol. 1694. A Commentary on the First Book of Moses called Genesis By Simon Lord Bishop of Ely 4to 1695. Hacket's Life of Arch-Bishop Williams Par. 1. pag 64. Par. 2 pag. 115. Par. 2 pag. 65 66. 〈◊〉 2. pag. 85. Pag. 86. 115. c. Pag. 129. Pag. 131. Pag. 230. L. C. Baron Atkin's Speech to the Lord Mayor Octob 1693. pag 4 5. Epist Ded. Rushworth also promised to Publish such an exact History of the Trial of this Arch-Bishop as he had done of that of the Earl of Strafford Collect. Par. 3. vol. 2. pag. 833. but never did effect it 〈◊〉 Clause is 〈◊〉 omitted by Prynne Hence may be corrected an Error of Dr Heylin and 〈◊〉 who following him relate that Dr Laud held the Presidentship of St Johns in Commendam with the Bishoprick of St Davids All these Passages concerning his Conference with Fisher and setling the Marquess and Countess of Buckingham in Religion are omitted by Prynne * Livimus * al. 〈◊〉 * An Account of this Conference is in my hands but wrote very Partially in favour of Dr Preston and prejudice of Dr White H W These may be found in Heylin's Life of Laud. p 162. * These Words are most maliciously omitted by Prynne †Bargrave Pestis Fames * It is a very noble and fair Volum in Fol.